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3127 To authorize the Mayor and Clerk to execute a Facade Improvement Loan Agreement between the Town of Tillsonburg and Escapes Salon & SpaCORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A FACADE IMPROVEMENT LOAN AGREEMENT BETWEEN THE TOWN OF TILLSONBURG AND ESCAPES SALON & SPA 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. AND WHEREAS the Town has agreed to advance a loan to the Owner to carry out such improvements on certain terms and conditions. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT the Mayor and the Clerk be and are hereby authorized to endorse the Facade Improvement Loan Agreement between the Corporation of the Town of Tillsonburg and Escapes Salon & Spa, Owner, attached hereto as Schedule "A". 2. THAT Schedule "A" to By -Law 3127 is now amended by Schedule "A" to this By -Law. 3. THAT this By-law becomes effective on the date of passing. READ A FIRST AND SECOND TIME THIS 8" day of NOVEMBER, 2004 READ A THIRD TIME, AND FINALLY PASSED THIS 22"`` day of NOVEMBER, 2004. A R, Stephen Molnar CLERK, Micha&-1(';r)Aies ,r Facade Improvement Loan Agreement - 1 — Schedule "A" to By-law No. 3127 THIS AGREEMENT made this 12"' day of October, 2004. BETWEEN: ESCAPES SALON & SPA 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 122 Broadway, being Part Lot 1073, 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 $3,490.50 (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 February 1, 2005, 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, F�a�ade Improvement Loan Agreement -2— Schedule 2— Schedule "A" to By-law No. 3127 (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 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 Document General and Agreement shall be prepared and registered by the Town and the Owner shall be responsible for the costs thereof, payable at the date of the commencement of the term. 9. This Agreement shall enure 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 12"' day of October, 2004. Escapes Salon & Spa THE CORPORATION OF THE TOWN OF TILLSONBURG Per: ephen�olnar //Z/ / 1441ji-VI Clerk Michael G s Facade Improvement Loan Agreement - 3 — Schedule "A" to By-law No. 3127 Payment Schedule Balance due with interest calculated at fluctuating prime interest rate over the term of the loan. 2005 435.66 2006 435.66 2007 435.66 2008 435.66 2009 435.66 2010 435.66 2011 435.66 2012 435.66 2013 435.66 2014 Remainder calculated averaging prime rate over 10 years.