2002-054 To authorize the execution of a tax arrears extension agreement
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-054
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(Formerly Bill #T614)
Being a By-law to authorize the execution of a
Tax arrears extension agreement
WHEREAS The Corporation of the Township of Oro-Medonte has registered on the 25th
day of April 2002 a tax arrears certificate against the land described in Schedule "A"
attached hereto and forming part of this By-Law.
AND WHEREAS Section 8 of the Municipal Tax Sales Act R.S.O., 1990, Chapter M.60
as amended provides that a municipality may by By-law authorize an agreement with the
owner of such land to extend the period of time, which the cancellation price payable on
the land is to be paid.
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. THAT an agreement be entered into by the Corporation with Cynthia Lorraine
Mariano the owner of the land described in Schedule "A" to extend the time period in
e which the cancellation price payable on this land is to be paid beyond April 25th 2003.
2. THAT the agreement be substantially the same form and contain the same terms
and conditions as set out in Schedule "B" attached hereto and forming part of this
by-law.
3. THAT the Mayor and Clerk be authorized to enter into the agreement on behalf of
the Corporation.
THAT this By-law shall have effect immediately upon final passing.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW READ A FIRST AND SECOND TIME THIS 4th DAY OF SEPTEMBER, 2002.
BY-LAW READ A THIRD AND FINAL TIME THIS 4th DAY OF SEPTEMBER, 2002.
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CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor. . Neil Craig
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Description of the land:
Roll # 4346010-002-16138
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SCHEDULE "A"
BY -LAW NO. 2002-054
Plan M456 Lot 189
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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SCHEDULE "B"
BY -LAW NO. 2002-054
THIS AGREEMENT made in triplicate the 4th day of September, 2002.
BETWEEN
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Corporation"
-and Cynthia Lorraine Mariano
Hereinafter called the "Owner"
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WHEREAS the Owner is the owner of the land in the Township of Oro-Medonte
described in Schedule "A" attached hereto and forming part of this agreement.
AND WHEREAS the Owner's land is in arrears of taxes on the 4th day of September,
2002 in the amount of $5,700.57 and a tax arrears certificate was registered in the
Registry Office on the 25th day of April, 2002 in respect of the Owner's land.
AND WHEREAS under Section 8 of the Municipal Tax Sales Act, R.S.O. 1990
Chapter M.60 as amended a municipality may by By-law, authorize an extension
agreement be entered into by the Corporation with an Owner to extend the period of
time in which the cancellation price in respect to the Owner's land is to be paid.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
premises and of the covenants and obligations hereinafter contained, it is hereby agreed
as follows:
1. The Owner agrees to pay to the Corporation the sum of $600.00 (six hundred)
dollars monthly, payable on the 1 st day of each and every month commencing on the 1 st
day of June, 2002, to and including the 1st day of June, 2005.
2. In addition to paying the amounts provided for in Clause 1, the Owner agrees to pay
all taxes levied on the land as they become due during the tenor of this Agreement.
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3. Notwithstanding any of the provisions of this Agreement, the Municipal Act, R.S.O.
1990, Chapter MA5, as amended, shall continue to apply to the collection and
enforcement of all tax arrears and all taxes except that the Treasurer and the collector of
taxes of the Corporation, without waiving the statutory rights and powers of the
municipality or of the Treasurer, shall not enforce collections of such tax payments,
except as set out in Clauses 1 and 2, during the time the Agreement is in force so long
as the Owner is not in default hereunder.
4. In the event the Owner defaults in any payments required by this Agreement, this
Agreement upon notice being given to the Owner by the Corporation, shall be terminated
and the Owner shall be placed in the position he or she was before this Agreement was
entered into. In the event of a default, this Agreement shall cease to be considered a
subsisting agreement on the day that the notice of termination is sent to the Owner.
5. Immediately upon the Owner making all the payments required under paragraphs 1
and 2, this Agreement shall be terminated and, the Treasurer shall forthwith register a
tax arrears cancellation certificate in respect of the said land.
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6. Notwithstanding the provisions of paragraphs 1 and 2, the Owner and any other
person may at any time pay the balance of the cancellation price and upon receipt of the
aforesaid payment by the Corporation, this Agreement shall terminate and the Treasurer
shall forthwith register a tax arrears cancellation certificate.
7. This Agreement shall extend to and be binding upon andensure to the benefit of the
Parties and to their respective heirs, successors and assigns.
Paqe 2
Schedule "B"
By-Law No. 2002 -054
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8. If any paragraph or part of paragraphs in this Agreement be illegal or unenforceable,
it or they shall be considered separate and severable from the Agreement and the
remaining provisions of the Agreement shall remain in force and effect and shall be
binding upon the Parties hereto as though the said paragraph or paragraphs or part or
parts of paragraphs had never been included.
9. Any notice required to be given to the Owner hereunder shall be sufficiently given if
sent by registered post to the Owner at the following address:
11 Bunker Place
RR#1
Shanty Bay, Ontario
LOL 2LO
In WITNESS WHEREOF the Owner has hereunto set his hand and seal and the
Corporation has caused its Corporate Seal to be hereunto affixed, attested by its proper
Officers.
SIGNED, SEALED AND DELIVERED IN THE PRESENCES OF
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MeYor, J. Neil Craig ~
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Witness
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Owner, Cynthia Lorraine Mariano
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