3311-2017 Tax Arrears Extension
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A TAX ARREARS EXTENSION AGREEMENT PURSUANT TO SECTION 378 OF THE MUNICIPAL ACT, 2001
Passed by Council May 15, 2017
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NO. 3311-2017
BEING A BY-LAW to authorize the execution of a tax arrears extension agreement
pursuant to Section 378 of the Municipal Act, 2001.
WHEREAS the Corporation of the Township of Augusta registered on the 16th day of
May, 2016, 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 provides that after the
registration of a tax arrears certificate and before the expiry of one (1) year following
the date of the registration of the tax arrears certificate, a Municipality or Board may
by By-law authorize an extension agreement with the owner of the land, the spouse
of the owner, a mortgagee or a tenant in occupation of such land to extend the period
of time in which the cancellation price in respect to the Owner’s land is to be paid;
AND WHEREAS the statutory period within which such a By-law may be enacted has
not elapsed;
NOW THEREFORE the Council of the Corporation of the Township of Augusta
enacts the following as a By-law:
1. THAT an agreement be entered into by The Corporation of the Township of
Augusta with Onne and James Charles Van Hoek, the
Owner( s )/Spouse/Mortgagee/Tenant 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 on the terms and generally in the form of Schedule “B” attached to this
By-law;
2. THAT the agreement be in substantially the same form and contain the same
terms and conditions as set out in Schedule “B”, a copy of which is attached
hereto.
3 THAT the Mayor and Clerk be and are hereby authorized and directed to enter
into the agreement on behalf of the Corporation;
4. THAT this By-law shall come into force and take effect upon the final passing
thereof.
Read a first, second, and third time and finally passed this 15 day of May, 2017
Signed by Mayor Doug Malanka and Clerk Annette Simonian
SCHEDULE “A”
To By-Law No. __ _
DESCRIPTION OF THE LAND:
PT LT 25 CON 6 AUGUSTA PT 115R791, TIW PR86049: AUGUSTA
SCHEDULE “8”
To By-Law No. __ _
EXTENSION AGREEMENT
THIS AGREEMENT made in triplicate this_ day of ____ , 2017.
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
(Hereinafter called the “Corporation”)
OF THE FIRST PART;
and-
Van Hoek, Onne and Van Hoek, James Charles
(Hereinafter called the “Owner(s)/Spouse/Mortgagee/Tenant”)
OF THE SECOND PART;
WHEREAS the Owner(s)/Spouse/Mortgagee/Tenant is the owner of the land in the
Township of Augusta
described in Schedule “A” attached hereto and forming part of this Agreement;
AND WHEREAS the Owner(s)/Spouse/Mortgagee/Tenant’s land is in arrears of taxes on the
19th day of April, 2017 in the amount of $41,996.11 and a tax arrears certificate was registered
in the Land Registry or Land Titles Office on the 16th day of May, 2016 in respect of the
Owner( s )/Spouse/Mortgagee/Tenant’s land;
AND WHEREAS Section 378 of the Municipal Act, 2001 provides that after the registration of a
tax arrears certificate and before the expiry of one (1) year following the date of the registration
of the tax arrears certificate, a Municipality or Board may by By-law authorize an extension
agreement with the Owner(s) of the land, the spouse of the owner, a mortgagee or a tenant in
occupation of such land to extend the period of time in which the cancellation price in respect to
the Owner(s)/Spouse/Mortgagee/Tenant’s land is to be paid;
AND WHEREAS the period during which there is a subsisting extension agreement shall not be
counted by the Treasurer in calculating the periods mentioned in sub-section 379(1) of the
Municipal Act, 2001;
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 Corporation will extend to September 17th, 2017 the payment period for the
cancellation price payable in respect of the land.
2. The Owner(s)/Spouse/Mortgagee/Tenant will make payments to the Corporation in
accordance with Appendix “A” attached hereto.
3. In addition to paying the amounts provided for in paragraph 2, the
Owner(s)/Spouse/Mortgagee/Tenant agrees to pay:
a. all further taxes levied on the land as they become due and payable during the
term of this Agreement; and
b. not later than 1 day following the due date of the last payment under paragraph 2,
such additional amount, if any, as is necessary to bring the total amount paid
under this Agreement up to the amount of the cancellation price payable in
respect of the land.
4. Notwithstanding any of the provisions of this Agreement, the Municipal Act, 2001, as
amended, shall continue to apply to the collection and enforcement of all tax arrears and
all taxes except that the Treasurer and the Tax Collector 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 paragraph 2 and 3, during
the time this Agreement is in force so long as the Owner(s)/Spouse/Mortgagee/Tenant is
not in default hereunder.
5. In the event the Owner(s)/Spouse/Mortgagee/Tenant defaults in any payments required
by this Agreement and upon notice being given to the Owner(s)/Spouse/
Mortgagee/Tenant by the Corporation, this Agreement shall be terminated and the
Owner(s)/Spouse/Mortgagee/Tenant 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( s )/Spouse/Mortgagee/T en ant.
6. Immediately upon the Owner(s)/Spouse/Mortgagee/Tenant or any other person making
all the payments required under paragraphs 2 and 3, this Agreement shall be terminated
and, the Treasurer shall forthwith register a tax arrears cancellation certificate in respect
of the said lands.
7. Notwithstanding the provisions of paragraphs 2 and 3, the Owner(s)/Spouse/
Mortgagee/Tenant 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.
8. This Agreement shall cease to be considered a subsisting Agreement upon the date of
the sale or other disposition of the land.
9. If any paragraph or part of paragraphs in this Agreement is determined by a court or
tribunal of competent jurisdiction to 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.
10. Any notice required to be given to the Owner(s)/Spouse/Mortgagee/Tenant hereunder
shall be sufficiently given if sent by registered mail to the
Owner( s )/Spouse/Mortgagee/Tenant at the following address:
7331 Dixon Rd RR2
Brockville On
K6V 5T2
IN WITNESS WHEREOF the Owner has hereunto set his/her hand and seal and the Corporation
has caused its corporate seal to be hereunto affixed and attested to by its proper signing officers
in that behalf.
Signed by Mayor Doug Malanka and Clerk Annette Simonian on behalf of the Corporation of the Township of Augusta
APPENDIX “A”
TO EXTENSION AGREEMENT
PAYMENTS REQUIRED UNDER EXTENSION AGREEMENT:
June 5: $13,998.70
July 17: $13,998.70
Sept 18: $13,998.71
