2015-053 Execute a Tax Arrears Extension AgreementThe Corporation of the Township of Oro - Medonte
By -law No. 2015 -053
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 21St
day of December, 2014 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:
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 December 21 St, 2015.
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. This by -law shall take effect on the final passing thereof.
By -law read a first, second and third time, and passed this 8th day of April, 2015.
The Corporation of the Township of Oro - Medonte
ayor,
rk, JrDgd'gNas Irwin
Schedule "A"
to By -law No. 2015 -053 for
The Corporation of the Township of Oro - Medonte
Description of the land:
Roll # 4346 020 002 04000 CON 4 N PT LOT 15
Schedule "B"
to By -law No. 2015 -053 for
The Corporation of the Township of Oro - Medonte
This agreement made in triplicate the 8th day of April 2015.
Between
The Corporation of the Township of Oro - Medonte
Hereinafter called the "Corporation"
and
Wichers - Schreur Benjamin V
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 27th day of February, 2015 in
the amount of $20,458.12 and a tax arrears certificate was registered in the Registry
Office on the 21St day of December, 2014 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 a lump sum payment of $15,000.00
(fifteen thousand dollars) upon signing of this agreement. The Owner also agrees to
pay the Corporation the sum of $365.00 (three hundred sixty five dollars) monthly,
commencing on the 30th day of April, 2015 to and including the 30th day of April,
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.
Page 2
Schedule "B"
By -law No. 2015 -053
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:
1141 Moonstone Road West
RR 1 Midland ON
L4 R 4K3
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
Witnes
Witness
Witness
Deputy Treasurer, Shannon Stewart
AI or, .S. ughes
Cl r , ou las
wner, Benjamin Wichers - Schreur