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3439 To authorize a facade improvement loan agreement with 1720658 Ontario Inc.THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3439 A BY-LAW to authorize a facade improvement loan agreement with 1720658 Ontario Inc. WHEREAS The Town of Tillsonburg is desirous of entering into a facade improvement loan agreement with 1720658 Ontario Inc; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT Schedule "A" attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 9th DAY OF August, 2010. READ N,THIRD AND FINAL TIME AND PASSED THIS 9th DAY OF August, 2010. f F - MAYOR -Stephen Molnar Facade Improvement Loan Agreement - l — Schedule "A" to By-law No. 3439 THIS AGREEMENT made this, day of -r�: , --;' , 2010. BETWEEN: 1.720658 ONTARIO INC. hereinafter called the "Owner" OF 'THE FIRST PART and THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the "Town" OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of the lands municipally known as 79-81 Broadway, being Lot 1480 and Part Lot 1481, Plan 500, in the Town of Tillsonburg, in the County of Oxford (hereinafter called "the said lands"), more particularly described in Box (6) of the Document General to be attached hereto prior to registration of this Agreement. AND WHEREAS Section 28(7) of the Planning Act of Ontario authorizes municipalities to make loans to owners of lands and buildings with a Community Improvement Project Area to pay for the whole or any part of the cost of rehabilitating such lands and buildings in conformity with a Community Improvement Plan. AND WHEREAS the Town has approved a Facade Improvement Loan as part of a Community Improvement Plan within an area of downtown Tillsonburg which includes the said lands. AND WHEREAS the Owner has applied to the Town for a facade improvement loan to renovate and improve certain parts of the building on the said lands in accordance with plans submitted to the Town in support of such application, which plans are hereinafter called "the said plans". AND WHEREAS the Town has agreed to advance a loan to the Owner to carry out such improvements on certain terms and conditions. WITNESSETH that, in consideration for the advance of the said loan and as a condition of such loan, the parties hereto covenant and agree one with the other as follows: 1. The Town shall advance to the Owner on the date of registration of this Agreement (hereinafter called "the commencement of the term") and after completion of construction, the sum of $61,575 (hereinafter called "the principal amount") as a facade improvement loan for the said lands. 2. So long as the Owner is not in default hereunder, such principal amount shall be repayable, plus interest at the annual prime rate, by additions to the tax roll, for a term of ten (10) years, annually, beginning January 1, 2011, and repayable in full at anytime without notice or bonus or penalty of any kind. 3. Notwithstanding the provisions of paragraph 2 above, the principal amount, or the balance thereof remaining outstanding, shall, at the option of the Town, immediately become due for payment in full on the happening of any one of the following: (a) the Owner shall be more than 3 months in arrears with respect to any payment of realty taxes, business taxes, or the Business Improvement Area levy for all or any part of the said lands, (b) the Owner shall, at any time, discontinue, remove or fail to maintain any part of the improvements shown on the said plans, (c) the Owner shall default in payment of any of the installments required under paragraph 2 above, or, FaVade Improvement Loan Agreement -2— Schedule 2— Schedule "A" to By-law No. 3439 (d) the Owner shall sell or transfer the said lands, or any part thereof, to a new owner. 4. The Owner hereby agrees to complete and maintain the said facade improvements in accordance with the said plans, which obligation shall continue until the principal amount and any interest owing thereon is paid in full. 5. The Owner hereby charges the said lands with the obligation of repayment of the said loan in accordance with -the terms and conditions herein. 6. This Agreement shall, on the date of the commencement of the term, be registered on title to the said lands as provided for by Sections 28(8) and 32(3) of the Planning Act as a first encumbrance prior to any mortgage or lien. 7. The execution of this Agreement by the C.A.O./Clerk for the Town shall constitute the certificate provided for in Section 32(3) of the Planning Act with respect to the advance and terms and conditions of such loan. 8. The Agreement shall be prepared by the Town and the Owner shall be responsible for the registration thereof.. 9. This Agreement shall inure to and be binding on the successors, assigns and legal representatives of the Owner and of the Town. IN WITNESS WHEREOF the respective parties have executed this Agreement as of the date first above written. Dated at Tillsonburg this day of August, 2010. 1720658 Ontario Inc. Per: THE CORPORATION OF THE TOWN OF TILLSONBURG Per: Mayor - Stephen Molnar Clerk — Kelley Coulter