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HomeMy WebLinkAboutBy-law No. 2005-086 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2005-086 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND ALMOND INVESTMENTS INC. FOR A FACADE IMPROVEMENT LOAN WHEREAS Subsection 28(7) of the Planning Act, R.S.O. 1990, chapter P.13 authorizes municipalities to make loans to owners of lands and buildings within 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 Municipality has approved a Facade Improvement Loan Program as part of a Community Improvement Plan, AND WHEREAS Almond Investments Inc. has applied to the Municipality for a facade improvement loan to renovate and improve parts of the building known municipally as 39 Robinson Street, and the subject lands are within the area defined in the said Community Improvement Plan, AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Almond Investments Inc. to advance a loan to carry out improvements in accordance with the plans submitted in their application, THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized to execute the Façade Improvement Loan Agreement attached hereto as Schedule"A" and forming part of this by-law between the Municipality of Bayham and Almond Investments Inc. 2. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF OCTOBER 2005. IR C ERK Facade Improvement Loan Agreement -1— Schedule"A"to By-law No.2005-036 THIS AGREEMENT made this 6th day of October,2005. BETWEEN: ALMOND INVESTMENTS INC. hereinafter called the"Owner" OF THE FIRST PART and THE CORPORATION OF THE MUNICIPALITY OF BAYHAM hereinafter called the"Municipality" OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of the lands municipally known as 39 Robinson Street, in the Municipality of Bayham,in the County of EIgin (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 PIanning Act, R.S.O. 1990, Chapter P.13 authorizes municipalities to make Ioans 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 Municipality has approved a Facade Improvement Loan as part of a Community Improvement PIan within an area of Bayham which includes the said lands. AND WHEREAS the Owner has applied to the Municipality 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 Municipality in support of such application, which plans are hereinafter called "the said plans". AND WHEREAS the Municipality 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 Municipality 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$3,523.00(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, in accordance with the repayment schedule affixed hereto as Schedule "A", by additions to the tax roll, for a term not exceeding ten (10) years, annually, beginning 2006,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 Municipality, immediately become due for payment in frill 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 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, (d) the Owner shall sell or transfer the said lands,or any part thereof,to a new owner. Facade tmpravement Loan Agreement -2— Schedule"A"to By-raw No.2005-086 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 Municipality 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 Municipality 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 Bayham this 6th day of October,2005. ALMOND INVESTMENTS INC.(OWNER) Per: I have authority to bind the Corporation THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Mayor Clefk SCHEDULE A MUNICIPALITY OF BAYHAM DEBENTURE SCHEDULE Almond Investments Inc. Debenture Amount $ 3,523.00 Interest Rate 2.00% 0%interest first year,2%thereafter Term in Years 10 Payment Amount $ 500.00 Maximum Payout $ 5,000.00 BEGIN ENDING YEAR BALANCE PRINCIPAL INTEREST PAYMENT BALANCE 31/10/2006 3,523.00 500.00 500.00 3,023.00 31/10/2007 3,023.00 439.54 60.46 500.00 2,583.46 31/10/2008 2,583.46 448.33 51.67 500.00 2,135.13 31/10/2009 2,135.13 457.30 42.70 500.00 1,677.83 31/10/2010 1,677.83 466.44 33.56 500.00 1,211.39 31/10/2011 1,211.39 475.77 24.23 500.00 735.62 31/10/2012 735.62 485.29 14.71 500.00 250.33 31/10/2013 250.33 250.33 5.01 255.34 (0.00) 31/10/2014 (0.00) 0.00 (0.00) 31/10/2015 - - 3,523.01 232.33 3,755.34 +__ ' Province Document General Do Process Software Ltd. • (416)322-6111 D Ontario Form 4—Land Re istration Reform Act (1)Registry ❑X Land Titles ❑ (2) Page 1 of 4 pages (3)Property rop Identifier(s) Block Property Additional: See ❑ Schedule (4)Nature of Document COAGREEMENT ,_ t c ) •-i t_ , (5)Consideration z C� . O Dollars$ w trJ �- (6)Description w �� C ; Part of Wellington Street as closed by By-Law 333 and o Part Lot 21 West Side of Robinson Street and u. North on Wellington Street,Plan 12; ix formerly Village of Port Burwell, o *— Municipality of Ba ham County of Elgin; . ' designated as PARTS 1 and 2 on 11R-4606. New Property Identifiers Additional: Schedule ❑ Executions (7) This (a)Redescription (b)Schedule for: Additional: Document New Easement Additional See Contains: X Schedule ❑ PlantSketch ❑ Description ❑ Parties Other ❑ (8)This Document provides as follows: FACADE IMPROVEMENT LOAN AGREEMENT between ALMOND INVESTMENTS INC. and THE CORPORATION OF THE MUNICIPALITY OF BAYHAM. ed on Schedule U ((9)This Document relates to instrument number(s) (10)Party(ies) (Set out Status or Interest) Continued Name(s) Signature( Date of Signature Y M D THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY ITS SOLICITORS, GIBSON,LINTON, TOTH, per: 2007 04 1 ' CAMPBELL & BENNETT SCOTT K. CAMPBELL {ii} Address for Service P. O. Box 160, Straffordville,Ontario,NOJ 1Y0 (12)Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature V M D (13) Address for Service (14)Municipal Address of Property (15)Document Prepared by: >- Fees and Tax Z Registration stration Fee to 39 Robinson Street Gibson,Linton,Toth,Campbell& a Port Burwell, Ontario Bennett u, NOJ 1TO 36 Broadway,Box 5u. Tillsonburg, Ontario rx N4G 4H3 0Total Document prepared using Form L'Were LandForms Facade Improvement Loan Agreement -I- Schedule"A"to By-law No.2005-086 THIS AGREEMENT made this 61h day of October, 2005. BETWEEN: ALMOND INVESTMENTS INC. hereinafter called the"Owner" OF THE FIRST PART and THE CORPORATION OF THE MUNICIPALITY OF BAYHAM hereinafter called the "Municipality" OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of the lands municipally known as 39 Robinson Street, in the Municipality of Bayham, in the County of Elgin (hereinafter called "the said lands"), more particularly described in Box (6) of the Document General,to be-attached- AND WHEREAS Section 28(7) of the Planning Act, R.S.O. 1990, Chapter P.13 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 Municipality has approved a Facade Improvement Loan as part of a Community Improvement Plan within an area of Bayham which includes the said lands. AND WHEREAS the Owner has applied to the Municipality 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 Municipality in support of such application, which plans are hereinafter called "the said plans". AND WHEREAS the Municipality 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 Municipality 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$3,523.00 (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, in accordance with the repayment schedule affixed hereto as Schedule "A", by additions to the tax roll, for a term not exceeding ten (10) years, annually, beginning 2006, 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 Municipality, 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 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, (d) the Owner shall sell or transfer the said lands,or any part thereof,to a new owner. 3 Facade Improvement Loan Agreement -2— Schedule"A"to By-law No.2005-086 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 Municipality 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 Municipality 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 Bayham this 6th day of October, 2005. ALMOND INVESTMENTS INC. (OWNER) Per: I have authority-TO bind the Corporation Ian Almond THE CORPORATION OF THE MUNICIPALITY OF BAYHAM at Mayor I in Acre , / �� i1_ Clerk Lynda Millard 1 SCHEDULE A MUNICIPALITY OF BAYHAM DEBENTURE SCHEDULE Almond Investments Inc. Debenture Amount $ 3,523.00 Interest Rate 2.00% 0%interest first year,2%thereafter Term in Years 10 Payment Amount $ 500.00 Maximum Payout $ 5,000.00 BEGIN ENDING YEAR BALANCE PRINCIPAL INTEREST PAYMENT BALANCE 31/10/2006 3,523.00 500.00 500.00 3,023.00 31/10/2007 3,023.00 439.54 60.46 500.00 2,583.46 31/10/2008 2,583.46 448.33 51.67 500.00 2,135.13 31/10/2009 2,135.13 457.30 42.70 500.00 1,677.83 31/10/2010 1,677.83 466.44 33.56 500.00 1,211.39 31/10/2011 1,211.39 475.77 24.23 500.00 735.62 31/10/2012 735.62 485.29 14.71 500.00 250.33 31/10/2013 250.33 250.33 5.01 255.34 (0.00) 3I/10/2014 (0.00) 0.00 (0.00) 31/10/2015 - - 3,523.01 232.33 3,755.34