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HomeMy WebLinkAbout78-54 , -. . . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 78-54 a by~law to authorize the entering into of an Agreement with the Ontario Housing Corporation, WHEREAS the Durham County Senior Citizens Lodge (Orono) is constructing senior citizen housing units on Station Street, Orono; AND WHEREAS Ontario Housing Corporation has requested Council to enter into an agreement and Council has agreed to contribute to the operating costs of the housing accommodation: NOW THEREFORE the Council of the Corporation of the Town of Newcastle hereby ENACTS AS FOLLOWS: 1. That the Corporation of the Municipality of the Town of Newcastle approves of the provision of rent- geared-to-income accommodation for senior citizens under the Ministry of Housing's Rent Supplement Program in up to forty percent of the units in the Durham County Senior Citizens Lodge (Orono) non-profit housing project, The Corporation of the Municipality of the Town of Newcastle undertakes and agrees to contribute seven and one half percent of any annual loss arising nut of said senior citizens housing and agrees to execute the Minister's standard agreement. READ A FIRST AND SECOND TIME this 17th day of July, 1978 READ A THIRD TIME and finally passed this 17th day of July, 1978. /' G. B. Mayor J. M. McILROY Clerk ~ [, [L .._~7' ": ..... '.L '. ". . .-. .... .. ~'= ~.....,........r ' ".. I'.' . .~; . .; ,.... -.' . . I ~ tlv ~ 1d('-f COMMUNITY SPONSORED HOUSING PROGRAM Municipal Subsidy Agreement THIS AGHEEMENT made in dupli<.;ate the 28th day of July , A. V, 1971), BET WEE N : THE HONOURABLE CLAUDE F BENNETT Minister of Housing for the Province of Ontario (her(~inafter called "the Min ister") OF THE FrnST PART - and - THE COHPOHA'r ION OF 'rIlE TOWN OF NEWCASTLE (hereinafter called "the Municipality") OF 'I'IlE SECOND PART WHEHI':AS pursuant to Suctiol\ 17 (1) (a) ot' the Housing Development Act as amended, the Municipality may, with the approval of the Minister, enter into an agree- ment with a governmental authority for sharing or contributing to the maintenance cost of a housing project; and WHEREAS the Minister has instituted a COlTUTlUnity Sponsored Housing Progr:,Hll designed t.o ass i 8t individuals and families of low or llIodera tei ncom(' to obtain private non-profit rental or eo-operative housing accommodation within the Municipali ty at rents or charges which are scaled to the' i r j IlCOllICS, whereby t lw ~I i II is tel' will pay 1 ~' 1.u a non-prufit housing cOI'pul'ation JUl'llishing such accommodation the difference between the rents or charges scaled to income and the usual ['ull recovery rents or charges for the accommodation; and WllEHEAS i_ll cunsj derat 1011 or the assistance given to such persons, the Munic,:ipaJity has agreed with II 11 {, ~v I r ' . . " . .' - 2 - the Minister to bear a portion of the annual operating expenses pertaininq to such program for non-profit housing projects situated within the MuniCipality; and WHEREAS the Municipality has on the 17th day of July , A.D. 1978, passed By-Law No. 78-54 authorizing the entering into of this Agreement. NOW THEREFORE THIS AGRE~MENT WITNESSETH THAT in consideration of the premises and the mutual understandings hereinafter set forth, the parties hereto on behalf of themselves and their respective successors and assigns hereby covenant and agree as follows: 1. In this Agreement: (i) "owner" shall mean the non-profit corporation which owns the building wherein certain housing units are being provided at less than full recovery rents, or charges to individuals or families of low or moderate income; (ii) "individual or family of low or moderate income" shall mean an individual or family that receives a total income that in the opinion of the Minister is insufficient to permit the individual or family to rent or obtain housing accommodation adequate for its needs at the current prevailing rental or co-operative rates in ( iii) the area in which the individual or family lives~ "rent supplement" or"co-op housing supplement" shall mean the difference between the full monthly rents or co-op housing charges which would normally be charged by the non-profit corporation for the housing units under the program and the actual rents or housing charges based on the Minister's rent-to-income scale, which are charged to the individual or family ',,- tt~/ Ry , . - 3 - of low or moderate income for the housing accommodation. (iv) "operating expenses" means the total of: (a) the rent supplement or co-op housing charge supplement amounts paid in any calendar year by the Minister to owners within the Municipality; (b) the full rents or co-op housing charges for any units which the Minister may be legally obliged to pay to owners by reason . of unavoidable vacancies occurring during the calendar year; (c) administrative expenses incurred by the Minister in operating and carrying out the program, providing that the administrative fee shall not exceed $8.00 per housing unit per month during the first five years of this Agreement; (d) any other legitimate expenses agreed to be paid by the Minister to the owner pertaining to units in the program. 2. The Minister shall provide rent or co-operative housing accommodation to individuals or families of low or . moderate income within the Municipality by entering into rent or co-op housing charge supplement agreements with owners for the direct leasing or provisions of co-op housing accommodation to such individuals or families under which the Minister shall pay the operating expenses pertaining to the units. A list of the non-profit housing supplement agreements which the Minister has entered into with various owners to date is attached hereto as Schedule "A" and it is agreed that same will be added to from time to time as further agreements are concluded covering ti",~/ f) f.', . - 4 - further units, and/or extending the terms under the existing agreements. 3. The Municipality shall pay to the Minister on or before the 30th day of June in each year a sum equal to sevcn-and-a-half (7 l/2) percent of the operating expenses incurred with respect to 'the non-profit housing supplement accommodation within the Municipality for the preceding calendar year in accordance with a certified statement to be delivered to the Municipality by the Minister on or before the 30th day of April in the year in which such payment shall be made. . 4. The Municipality shall have the right, through its servants, agents or auditors, at any time upon reasonable notice to the Minister, to examine the books and records of the Minister pertaining to the non-profit housing supplement accommodation with the Municipality,and in the event that at any time the Municipality disputes the amount claimed by the Minister under the preceding paragraph hereof and the parties hereto cannot resolve such dispute, the Minister shall refer such dispute to a third party acceptable to each of them, and the decision of such third party shall be final and binding on both parties hereto. , 5. This Agreement shall continue and remain in force . for a period of twenty years from the date hereof, and shall enure to the benefit of and be binding upon the parties hereto, their successors and assigns. Provided, however, that neither party to the Agreement shall assign the Agreement without the written consent of the other party first had and obtained. 6. It is mutually understood and agreed that the MuniCipality's partiCipation in the rent supplemental program shall not exceed 40 per cent of the units in The Durham County Senior Citizens Lodge (Orono) non-profit housing project as fH:t out in By-law 78-54 attached hereto as Schedule "B". ~f/ ~.. ~ ~ . - 5 - IN WITNESS WHEREOF the parties hereto have hereunder affixed their corporate seals under the hands of their proper signing officers duly authorized in tha t beha 1 f. . I Minister of Housing of the Province of Ontario Municipality 'J -OJ ~-. /." ~ {~' " " ','I . ~ .. J / )-< ( [ .:.- ,( G<( / / " l';'l-'~ t/lft'~ ith / I' ,- " ........ ' \,./"'7 t ~ 4. 'JUi- . . . SCHEDULE "A" List of Non-Profit Supplement Units in the Date of Agreement with Owner Full Normal Rent or Housing Charge Per Unit No. and Type of Units Term $ . , . ". '. . .. l" I"t . . ;J. ---- --. ..,. SCHEDULE "B" THE COHPOHA'1'ION OF TilE TOWN OF NEWCASTLE BY - LAW NO, 78-5/} a by-law to alllh()riz(~ tll<' (~nter'in~ into or an A!,:I'(~Plllenl wi th lh(~ Onlal'jo BOUH i ng Co)'po l'a t. ion, WHEREAS the Durham County Senior Citizens Lodge (Orono) is constructin~ senior citizen housin~ units on Station Street, Orono; AND WHEREAS Ontario Ilousin~ Corporation has requested Council to enter into an agreement and Council has agreed to contribute to the operaling costs of the housing accommodation: NOW THEREFORE the Council of the Corporation of the Town of Newcastle hereby ENACTS AS FOLLOWS: 1. That the Corporat ion of the Municipality of the Towll of Newcastle approves of the provision of rent- geared-to-income accommodation for senior citizens under the Ministry of Housing's Rent Supplement Program in up to forty percent of the units in the Durham County Senior Ci t i zenH Lod~~e (OI'ono) non-prof i t housing project. 'fhe Corporation of the Municipality of the 'l'own of Newcastle und(~r.takeH and al!;rees to contribute seven and one ha.l r perc<..'nt of any annual loss ariSing out of said senior citiz.enH hOllsin~ and ugree::> to execute the Minist(~r":--; st:1I1dard agre(,lllenl. , , HEAD A FlUS'!' AND SECOND 'l'UIl~ th is 17th day of July, 1978 HEAD A 'l'UIRD 1'1 MI'; and finally pass('d this 17th day of July, ]978, (i. B. InCI\AHD, Mayor . " /:. -~', .' . ,/': ." 4'._' .. .... . .."...... .. .. ~ I f e. I'IC' C" . "~"j'<I'. ..),."... Oil" , , I, ( " ~, .,- - ,J. M, M(' I LHOY ._- ---------------.--- ( '1I'I'k '~ . J. N., /..,;dLROY /.',ur';"'i'ill c.... ! ~/ . (... /' , , /",. ... t/ -..... -...-...-.- ...,..;..;...------"'--.---. - ---