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2010-167 Tax Arrears Agmt - Combustion Research Canada EnvironmentalTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-167 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 1St day of October, 2009 a tax arrears certificate against the land described in Schedule "A" attached hereto and forming part of this By-Law. AND WHEREAS Section 378 of the Municipal Act, 2001, S.O., 2001, C.25 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 the owners of the land described in Schedule "A" to extend the time period in which the cancellation price payable on this land is to be paid beyond October 1 St, 2010. 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, second and third time, and passed this 22"d Day of September, 2010. J. D6UalaslYwin THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SCHEDULE "A" BY-LAW NO. 2010-167 Description of the land: Roll # 43 46 010002 06800 CON 3 S PT LOT 20 RP 51 R17111 PARTS 1 & 2 RP 51 R30585 PART 2 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SCHEDULE "B" BY-LAW NO. 2010-167 THIS AGREEMENT made in triplicate the 22nd day of September, 2010. BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Corporation" -and Combustion Research Canada Environmental Inc. Hereinafter called the "Owner" 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 said land is in arrears of taxes on the 31st day of August, 2010 in the amount of $212,773.38 and a tax arrears certificate was registered in the Registry Office on the 1st day of October, 2009 in respect of the said land. AND WHEREAS pursuant to Section 378 of the Municipal Act, 2001, S.O. 2001, C.25 as amended a municipality may by By-law, authorize an extension agreement be entered into by the Corporation with the landowner to extend the period of time in which the cancellation price in respect to the said 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 $5,600.00 (five thousand six hundred) dollars monthly, commencing on the 15th day of November, 2010, to and including the 15th day of November, 2012 and $6,600 (six thousand six hundred) dollars monthly, commencing on the 15th day of December 2012 to and including the 15th day of December, 2020. 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. 3. Notwithstanding any of the provisions of this Agreement, the Municipal Act, 2001, S.O. 2001, C.25, 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. 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 and ensure to the benefit of the Parties and to their respective heirs, successors and assigns. Page 2 Schedule «B" By-Law No. 2010-167 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 Owners hereunder shall be sufficiently given if sent by registered post to the Owners at the following address: 74 Oro Medonte Line 3 N Shanty Bay, ON LOL 2LO In WITNESS WHEREOF the Owners 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 Witness 1 ~ Witness '-~kj Witness ayor, H. . Hughes