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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.
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READ a third and final time this II,-v - day of H t1jtc tr (
1977.
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day of
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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
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'1'111': co 1\l'OnNJ'J ON 0 F 'I'll E frOWN OF N EWCASTLP.
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hCl'cin<1ftcr called "the Town"
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OF TJ[r~ SECOND PI,RT
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'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;
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AND \'ITIr,I-mAS: The Town has an interest in common with the
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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
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" 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
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the objectives aforementioned.
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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
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any purchaser of such residential uni t.
2.
(1)
'l'hc l'linister shall PdY to the Town in the manner
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hereinafter provided grants:
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(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
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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.
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(3)
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'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
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proceed with the development of the Land, except \
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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
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and appropriate, endeavour to expedite the granting of
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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.
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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
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part of this Agreement and the Schedules mentioned in
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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.
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I, IN WITNESS WHEREOF the Corporate party has signed this
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his authorization by Order-in-Council.
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'rIlE COHYOTu\TION OF THE TOWN OF
NEWCAS'l'LE
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