HomeMy WebLinkAbout78-54
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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.
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G. B.
Mayor
J. M. McILROY
Clerk
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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5.
This Agreement shall continue and remain in force
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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".
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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.
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I
Minister of Housing
of the Province of Ontario
Municipality
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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
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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.
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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
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