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2010-170 Tax arrears extensionTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDON' EDONTE BY-LAW NO. 2010-170 Being a By-law to authorize the execution of a Tax arrears extension agreement WHEREAS The Corporation of the Township of Oro-Medonte has registerE Bgistered on the 1St day of October, 2009 a tax arrears certificate against the land described in )ed in Schedule "A" attached hereto and forming part of this By-Law. AND WHEREAS Section 378 of the Municipal Act, 2001, S.O., 20011 C.25 C.25 as amended provides that a municipality may by By-law authorize an agreement with the of h the owner of such land to extend the period of time, which the cancellation price payable on the on the land is to be paid. NOW THEREFORE the Council of the Corporation of the Township of C yip of Oro-Medonte hereby enacts as follows: 1. THAT an agreement be entered into by the Corporation with the owner; owners of the land described in Schedule "A" to extend the time period in which the cancellation p Ilation price payable on this land is to be paid beyond October 1St, 2010. 2. THAT the agreement be substantially the same form and contain the ain the same terms and conditions as set out in Schedule "B" attached hereto and forming part of t part of this by-law. 3. THAT the Mayor and Clerk be authorized to enter into the agreement kement 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 SECONDTIME THIS 13TH DAY OF OCTOBE ~TOBER, 2010. BY-LAW READ A THIRD AND FINAL TIME THIS 13TH DAY OF OCTOBER, 'OBER, 2010. Mayor,l- fiayor,H.S. Hughes z Clerk, J. Dc k, J. Douglas Irwin THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ANTE SCHEDULE "A" BY-LAW NO. 2010-170 Description of the land: Roll 43 46 010 010 42300 Plan 1441 Lot 6 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ONTE SCHEDULE "B" BY-LAW NO. 2010-170 THIS AGREEMENT made in triplicate the 13th day of-p~er, 2010. BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Corporation" -and Hodges Landing Inc. Hereinafter called the "Owner" WHEREAS the owner is the owner of the land in the Township of Oro-ME Oro-Medonte described in Schedule "A" attached hereto and forming part of this agreement. 'rent. AND WHEREAS the said land is in arrears of taxes on the 30th day of S( ay of September, 2010 in the amount of $39,752.98 and a tax arrears certificate was registered in ered in the Registry Office on the 1St day of October, 2009 in respect of the said land. 101, S. 0. 2001, AND WHEREAS pursuant to Section 378 of the Municipal Act, 2001, S.C C.25 as amended a municipality may by By-law, authorize an extension agreemi agreement be entered into by the Corporation with the landowner to extend the period of time ii )f time in which the cancellation price in respect to the said land is to be paid. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consider; )nsideration of the > hereby agreed as premises and of the covenants and obligations hereinafter contained, it is hereby follows: 1. The Owner agrees to pay to the Corporation the sum of $1,000.00 (one t ) (one thousand) dollars monthly, commencing on the 20th day of December, 2010, to and , to and including the 20th day of December, 2015. 2. In addition to paying the amounts provided for in Clause 1, the Owner ag vner agrees to pay )f this Agreement. all taxes levied on the land as they become due during the tenor of this A 3. Notwithstanding any of the provisions of this Agreement, the Municipal A icipal Act, 2001, S.O. 20011 C.25, as amended, shall continue to apply to the collection ar ction and enforcement of all tax arrears and all taxes except that the Treasurer anc firer and the collector of taxes of the Corporation, without waiving the statutory rights rights and powers of the municipality or of the Treasurer, shall not enforce collections of su( s of such tax payments, except as set out in Clauses 1 and 2, during the time the Agre he 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 AgreerY Agreement, this :ion, shall be Agreement upon notice being given to the Owner by the Corporation, shC terminated and the Owner shall be placed in the position he or she was t e was before this Agreement was entered into. In the event of a default, this Agreement sr ment shall cease to be considered a subsisting agreement on the day that the notice of termi of termination is sent to the Owner. ider paragraphs 1 5. Immediately upon the Owner making all the payments required under pa and 2, this Agreement shall be terminated and, the Treasurer shall forthv ill 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 an and any other person may at any time pay the balance of the cancellation price and up( and upon receipt of the aforesaid payment by the Corporation, this Agreement shall terminate ~rminate and the Treasurer shall forthwith register a tax arrears cancellation certificate. ;ate. 7. This Agreement shall extend to and be binding upon and ensure to the b to the benefit of the Parties and to their respective heirs, successors and assigns. Page 2 Schedule "B" By-Law No. 2010-170 8. If any paragraph or part of paragraphs in this Agreement be illegal or un it or they shall be considered separate and severable from the Agreemer iI or unenforceable, ~reement and the remaining provisions of the Agreement shall remain in force and effect ar affect and shall be binding upon the Parties hereto as though the said paragraph or paragra )aragraphs or part or parts of paragraphs had never been included. 9. Any notice required to be given to the Owners hereunder shall be suffici sent by registered post to the Owners at the following address: sufficiently given if 13 Booth Street RR#2 Hawkestone ON LOL 1T0 In WITNESS WHEREOF the Owners has hereunto set his hand and seal and th I and the Corporation has caused its Corporate Seal to be hereunto affixed, attested by it Officers. .d by its proper SIGNED, SEALED AND DELIVERED IN THE PRESENCES OF Witness Mayo , H.S. ghes Witness Cl rk, J. D uga s r10- ,in Ping Inc. Witness r 6wner, Hodges Landing Inc