2011-033 Tax Arrears Agmt - Combustion Research Canada EnvironmentalTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2011-033
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 Township of Oro-Medonte hereby enacts as
follows:
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.
4. That By-law No. 2010-167 is hereby repealed
5. And That This by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23RD DAY
OF FEBRUARY, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
.S. H
Cl rk. J. as Irwin
Schedule "A"
to By-law No. 2011-33 for
The Corporation of the Township of Oro-Medonte
Description of the land:
Roll # 43 46 010 002 06800 CON 3 S PT LOT 20 RP
51 R17111 PARTS 1 & 2 RP
51 R30585 PART 2
Schedule "B"
to By-law No. 2011-33 for
The Corporation of the Township of Oro-Medonte
THIS AGREEMENT made in triplicate the 23rd day of February, 2011.
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 31 st day of January, 2011 in
the amount of $190,715.37 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 $4,200.00 (four thousand
two hundred) dollars monthly, commencing on the 15th day of March, 2011 to and
including the 15th day of March, 2019.
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.
Schedule "B
By-Law No. 2010-167
Page 2
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.
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 21-0
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
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