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Home My WebLink About77-11 .. . ~.-"- -;" J , ~ .4 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 77- / / Being a By-law to authorize the Town to enter into an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of Housing for the Province of Ontario. The Council of The Corporation of the Town of Newcastle enacts as follows: 1. The Mayor and Clerk be authorized to execute under the Corporate Seal of The Corporation of the Town of Newcastle, an Agreement in the form annexed hereto as Schedule "A". READ a first and second time this II ~ay of N A-IJ>-R- ti/ 1977. v~. READ a third and final time this II,-v - day of H t1jtc tr ( 1977. //~~/ ... ~', ... ' -;,. ": "I '4 . . . --~, ;: r "F'I'.....~,,\, j 77 - / I I ~ I: I' ,I Ii 1 i; I. ii I, 'l'IIJS X;!{l:;J':i'H:NT Inil(lc this i' I! Ii " I: B I:: 'J' VJ I': I': f'J: ~,~~ day of N I1fJc..C If- one 1I1ol1sdnd Iline' hundred dnd ;,;cvcn LY-~;l'vcll. 11 " " I: I! :1 !, Ill-:IZ r"/\.JI-:S'J'V '1'111,; QlJl;EN IN 01'111'; IUCII'J' CW ON'l'[IlUO M; nJ::L'\{]':SI,;N'!'1':[) BV TIlE MJNIS'l'lm OF 1l0U~;JNC OF TilE PHOVINCE OF ONTMnO hcrcinLlftcr called "the 1'1inistcr" OF 'I'IIE FIHST PAR'r :1 :j - and - II ;1 , ~ '1'111': co 1\l'OnNJ'J ON 0 F 'I'll E frOWN OF N EWCASTLP. I, " q hCl'cin<1ftcr called "the Town" d !I OF TJ[r~ SECOND PI,RT \",1 11 E f',EA~; : 'The thnister in the dischtuge of his public duties is desicous of stimulating <1nd expediting residential develop- ment in areas o[ need within Ontario, having particular regard ,I to the housing requirements of low and moderate income families; ,\ AND \'ITIr,I-mAS: The Town has an interest in common with the " I: Minister in the area within its jurisdiction; AND \",11IEREAS: The Minister has entered into an Agreement with Claret Investment~s Limited, Hillpool Holdings Limited and Requis i tion In ves tmen ts Limi tec1 (hereinafter called the "Developer") conc0rninq thc~ ckvelopmC'nt of certain land within , the boundaries of the 'Town which land is more particularly <I " " described in Sch~duL; A a ttachcd hereto (hereinafter called the "Land") i AN D h'i1EREAS: 'l'IK' i'linister and the Town have agreed that it is in the public interest that the Land be developed as expedit- iously as possible to reduce the cost of residential units to the public and they are prepared to take certain steps in their respective jurisdictions Lo expedite approvals, registrations, and issuance of building permits to provide for such residential rievelopment and they have entered into this Agreement to I' i ~.ccomplish the objectives aforementioned. I II ---'-...... , ,.. I I , I: t' , I, q I, I i I I I, I' ,I Ii d " I! ,\ II I: " , I :I ij ,I I " II I I' " :1 II 'I !I :/ Ii ,I :1 II II 'I II " " II i ., I " I: ') ,. NOW '1'1 IJ:: m: FOPJ-: 'j'lll~; A(;III,:r-:foH-:N'.I' \"I'I'~,ll':~;~~I,:~j thaI-. in con~)icler.ation of the mutual covenants hereinafter contained the parties hereto covenant and agree each with the other as follows: 1. In this l\grcement: ( a) "Quintile" shall mean a range of presen t and future family incomes in (Metropolitan) areas 1n Ontario calculated year by year on the basis of 20% segments of the population in such areas so that the lowest income group is in the first Quintj,le and the highest income group is in the fifth Quintile which calculations are made by the !.jj nistry of Ilousinq dnd revised annually on the 31st day of flarch using forecast income- c.I!'(NL:.ll-ralcs "ppliccl to in[orm"tion published annually by Statistics Canndai (b) llj;'i1mily Incom(:~" shall r:lean the normal gross annual 1ncome of a one income family or the combined normal gross annual income of the major wage earner and his or her spouse of a two income family at the time of sale to them of a residential w1it under this Agreement except that the inclusion of family allowance, youth allowance and capital gains in the family income shall not disqualify . any purchaser of such residential uni t. 2. (1) 'l'hc l'linister shall PdY to the Town in the manner , d hereinafter provided grants: :i I ;! I Ii I' 'I !; (a) for each of the residential units constructed on the Land and marketed to purchasers in the second Quintile the sum of $600.00i (b) for each of the residential uni ts constructed I! Ii I, I ,I :i 'i on the Land and marketed to purchasers in the third Quintile the sum of $525.00; (c) for each of the other residential wli. ts con- structed Oil the Lancl the sum of $450.00. r- I I I , II 11 il \1 !I \, I: ;\ Ii II II I: i .. ,. .. I 'I I, I, :1 :1 I, 'i l' ,I II I ;1 II II 11 ;1 I, ii it II ,I il " :\ ;1 ,I I' I Ii " 'I II II 'I I II 'I ;1 I 'I I, I' \: 1\ I, ;, , . r I I' I I I . ; lI"""'" ... . . . " ... . Ii Ii ii I' ,i II , I I I Ii I' i: !' Ii I', ,i Ii ,I ,I I I I I I I \: i \, it 'j " it d i \: , j: " " ~ -I (2 ) (3) 3. - 3 - 'rhe Minister shall pay the grants as follows: (a) 50% of the grant when final approval, in a form satisfactory to tho Minister has been given by the Town of the draft plan or plans I Ii . II II II II II proceed with the development of the Land, except \ I I I I: of subdivision or of the site plan or plans, and when any required Official Plan and Zoning changes have been implemented by by-laws of the Town so as to enable the Developer to that no payment of any portion of the grants shall be made unless such final approval and any required by-laws have been given or com- pleted by the 1lown on or before the 31st day of Ii March, 1977; ( b) the remaining 50% upon receipt by the Minister of evidence 1n a form satisfactory to the Minister of the issuance of building permits by the Town for the residential units in the Developer's Agreement for which the grant is requested, except that no payment of the remainder of the grant shall be made unless such building permits are issued on or before the 31st day of fvlarch, 1978. Upon completion of construction of the residential units if there 15 a difference between the number of building permits issued for which grants are paid and the actual number of residential units completed the Town shall make an adjustment and any necessary refund shall be made by the Town to the Minister forthwith. 'rho Town ~;ha 1] III conr;ul Lcll:ion cmd concert \"i th such other authorities as may be deemed necessary I! Ii I! I 11 I' I !; I: i! 1\ ii " I' I Ii Ii I' ,I it ii Ii I' " !j I, ,I i: 1 ~ /: ji i ~ Ii I .', I ~ I .. . . I I I Ii I I: Ii I' II I' " Ii I: Ji Ii ,I I' II I! Ii " ~ II , i j: " " i: Ii I! I' Ii 11 ;' r I' II . , I I: I ..._" \. -.----..'_L, - t1 - and appropriate, endeavour to expedite the granting of j ,i I! !' " all planning approvals and the passing of any by-laws, and generally do everything within its jurisdiction to enable the Developer to fulfil its obligations under the Developer's Agreement and to proceed with the develop- ment of the Land. 'i I I j i I I I , 4. The parties will in good faith and in the public interest Co-operate with each other with a view to the expeditious achievement of the objects hereinbefore set forth and in the event of any dispute as to the meaning or application of any of the provisions of this Agreement each will promptly consult and negotiate with the others to resolve such dispute. 5. The recitals hereinbefore set out shall form an integral i: I, I part of this Agreement and the Schedules mentioned in ii Ii II " this Agreement and attached hereto shall form part of this Agreement and have the same force and effect as if contained in the body of this Agreement. 6. Time shall be of the essence of this Agreement. I' I: I, IN WITNESS WHEREOF the Corporate party has signed this I! ji document under seal and the Minister has signed pursuant to I I his authorization by Order-in-Council. ij I. i; I' II ~~u~~ I: " :1 " II 'rIlE COHYOTu\TION OF THE TOWN OF NEWCAS'l'LE 1: c-/"U"/~~ J1"iol- r/ " G L-- ~ :1 i ~ !: ~~ P Ii II I; Ii II ! ,j II II j' I, Ii II 'I Ii I' II I, I: 1-'.. , I Ii H II " jI ,I :1 " I' n ': , Ii II :J I ~ jl :1 !' ;j 'I :1 I: I ~ !i ,: j!