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HomeMy WebLinkAbout72-23THE CORPORATION OF THE TOWN OF BOWMANVILLE By -Law No. 72 -23 A by -law to authorize the entering into of an Agreement with the Ontario Housing Corporation. WHEREAS Council requested the Ontario Housing Corporation to undertake a survey to determine the need for low rental accommodation for senior citizens; AND WHEREAS the Ontario Housing Corporation is constructing 21 senior citizen housing units on Nelson Street; 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 Bowmanville pursuant to the provisions of Sections 16 and 17 of The Housing Development Act R.S.O. 19701 Chapter 213, hereby ENACTS. AS FOLLOWS: 1. The Agreement dated June 5th, 1972, between the Corporation and the Ontario Housing Corporation is hereby authorized and the Mayor and Clerk are hereby authorized to execute the same on behalf of the Corporation and to affix the Corporate Seal thereon. READ a first, second and third time and finally passed this 5th day of June, 1972. Mayor Ivan M. Ho s Seal Joseph M. McIlroy`, Clerk = Administrator Y � TEL.: (416) 966 -3600 July 5, 1972 File: P- 10 -B4 -3 Mr. Joseph M. McIlroy, Clerk - Administrator, 40 Temperance Street, Bowmanville, Ontario. Dear Sir: Re: Bowmanville OH -3 21 Senior Citizen Units You will find enclosed, herewith, your executed copy of the Municipal Agreement between this Corporation and the Town of Bowmanville with regard to the above project. encl. Yours very truly, (Mrs.) E. Schweers, Legal Branch, Rental Housing Division. 101 6LOOR ST. WEST, TORONTO 5 W s } a ii ONTARIO HOUSING CORPORATION Tel: 966 -3600 May 18, 1972 E Mr. J. M. McIlroy, Clerk, 40 Temperance Street, Bowmanville, Ontario. Dear Sir: Re: Bowmanville OH -3 21 Senior Citizen Units 0 Enclosed please find two copies of standard form of operating agreement in the above matter. - Would you kindly have both copies of the Agreement executed by the Municipality and insert on Page 1 thereof, in the space provided, the details of the authorizing by -law. Both copies should then be returned to this office for execution, together with a certified copy of the authorizing Municipal By -law referred to. I have been given to understand that the approval of the Minister of Revenue as required under Section: 16 (1) (a) , 16 (1) (c) and 17 (1) (a) of the Housing Development Act for the above project, has already been forwarded directly to you. Upon execution of the Agreement by Ontario Housing Corporation, one copy will be forwarded to you. Your prompt attention to this matter would be appreciated. ends . q- K Q Yours very truly, e" ck��C�, (Mrs.) E. Schweers, Legal Branch, Rental Housing Division. 101 Bloor St. West; Toronto 5 ww"nw". THE MINISTER OF REVENUE Parliament Buildings, Queen's Park, Toronto 182, Ontario. May 8, 1972. Mr. J. M. McIlroy, Clerk, 40 Temperance Street, Bowmanville, Ontario. I 0 Dear Mr. Mcllroy: Re: Bowmanville OH -3' 21 .Senior Citizen Units Approval Under Sections 16 (1) (a) , 16 (1) (c) and 17 (1) -(a) The Housing Development Act. I am pleased to advise that pursuant to-the provisions of .Sections 16(l)-(d), 16 (1) (c) and 17(1)(a) of The Housing Development Act, R.S.O. 1970, Chapter 213, approval'is hereby granted for the Municipality of the Town of Bowmanville, (a) to enter into an agreement for the acquisition and subsequent sale to Ontario Housing Corporation of certain lands within the Municipality; and (b) to. enter into an agreement with Ontario Housing Corporation whereby the Municipality agrees to contribute to the maintenance cost of a.21 unit .Senior Citizen Project in accordance with the terms and conditions therein set out. It is to be understood that my approval relates only to the matters within my purview under the said Sections 16 (1) (a) , 16 (1) (c) and 17 (l) (a) and that such approval can in no way operate to relieve your Municipal Corporation from compliance with such other requirements as may in law exist. y yours, ,.. 4, �, My 6th, 1972 Dear Mr, . I refer to your letter dated Ame 27th, 1972, and to your appearan a War e Council at July 4tho 1972. COUKLI y.« ` d of A, r ptesestWon as per ems`" clop" of Resolution Vii" C ` 48 7 eactosed �'1,ar m�,xv i + mh". Surs very gly Clark-Administrvattom, k Clark-Administrvattom, THE CORPORATION OF THE TOWN OF BOWMANVILLE Certified True Copy of Resolution 1 'passed on the F*Wthday of July , 19721- Certified Truk Copy Seal Mr. J. M. McIlroy, Clerk Town of Bowmanville 40 Temperance Street Bowmanville, Ontario Dear Mr. McIlroy: eti TEL: (416) 966 -3600 June 27, 1972 S RE: Bowmanville OH 4 - 25 Senior Citizen Units �m� T I would like to confirm that it would be my pleasure to attend the regular meeting of the Council on July 4th,.1972 and present the proposal that has been approved by our Board of Directors. Should there be.any reason why our presentation cannot be made, please inform me immediately. Thanking you for your assistance, I remain, Yours very truly, James S. Clift Development Officer Central Region JSC:ss a 101 SLOOR ST. WEST, TORONTO 5 Project No. Bowmanville OH -3 21 S G U. • O O SENIOR CITIZEN UNITS This Agreement made in duplicate this day of A.D. 19 7 B E T W E E N; ONTARIO HOUSING CORPORATION (hereinafter called "the Corporation ") OF THE FIRST PART - and - TOE COOFRPO & TI THE OMA (hereinafter called "the Municipality ") OF THE SECOND PART WHEREAS by virtue of the provisions of The Ontario Housing Corporation Act, Revised Statutes of Ontario, 1970, Chapter 317, and The Housing Development Act, Revised Statutes of Ontario, 1970, Chapter 213, the Corporation may enter into agreements respecting the acquisition and development of land for housing purposes and for the acquisition and /or construction of housing accommodation for sale or for rent; AND WHEREAS the Municipality has requested, and the Corporation has agreed to provide, operate and manage housing accommodation of approximately 21 A 1/senior citizen housing units on lands situate within the Municipality; lr AND WHEREAS the Municipality has on the 6 day of A.D. 19 IV, passed By -law No. Z 3 authorizing the entering into of this Agreement. - Page 2 - AND WHEREAS to assist in the provision, operation and mainten- ance of the said housing accommodation, the Corporation has entered into negotiations with.Central Mortgage and Housing Corporation for the purpose of obtaining a loan and annual contributions under the provisions of Part VI of The National Housing Act, Revised Statutes of Canada, 1970, as amended; El AND WHEREAS to further assist in the maintenance and operation of the said housing accommodation, the Municipality has agreed to contribute toward the operating costs thereof; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT each of the parties hereto on behalf of themselves and their respective successors and assigns, in consideration of the premises and of the mutual covenants hereinafter contained, covenant and agree, each with the other, as follows: 1. For the purposes of this Agreement: (a) "Gross Revenue" means the rental revenue earned by the Corporation in the operation of the housing accommodation project in each calendar year, and recorded on either a cash or accrued basis. (b) "Operating Expenses" means the total of: (i) Amounts paid by the Corporation to Central Mortgage and Housing Corporation for principal and interest in repayment of monies loaned to the Corporation for the i provision of the above recited housing accommodation. (ii) Amounts paid by the Corporation to the Treasurer of Ontario in repayment of monies advanced for the provision of the said housing accommodation, including t interest on such advances at the rate of 7 -3/4 % per annum. - Page 3 - (iii) Amounts paid in any calendar year by the Corporation to the Municipality as grants in lieu of taxes in connection with the housing accommodation, pursuant to the provisions of clause 3 following. (iv) Fire insurance premiums, if any, or the annual provision for a reserve fund set up in place thereof. (v) Liability insurance premiums. (vi) Amounts paid for labour and services including, but without limiting the generality of the foregoing, wages, salaries, workmen's compensation and other fringe benefits. (vii) Amounts paid for equipment, supplies and materials used in repairing, maintaining, managing and administrating the housing accommodation. (viii) Amounts paid by the Corporation, without reimburse- ment by tenants, for light, fuel, power and water. (ix) Uncollectable revenue that has been written off by the Corporation. (x) Other direct and indirect operational costs agreed to in writing from time to time between the Corporation and the Municipality. (c) "Operating Loss" means the net of operating expenses less gross revenue applicable to the project commencing from the date of initial occupancy of the project and reported on a calendar year basis. (d) "Operating Profit" means the net of gross revenue less operating expenses applicable to the project commencing from the date of initial occupancy of the project and reported on a calendar year basis. 2. The Corporation agrees to provide, operate and maintain xkamiky/senior citizen housing accommodation on lands in the Municipality described in Schedule "A" annexed hereto, which, when completed, will comprise approximately 21 housing units. The Municipality will be under no obligation or liability to contribute to the capital cost of the said housing accommodation, - Page 4 - nor, save as hereinafter provided, to the cost of operating and maintaining same. The parties hereto further agree that the Municipality shall not be entitled to receive or share in any profits or other increments from the project. Operating profits shall, however, be dealt with in the manner set forth in clause 4. 3. (a) The Corporation shall make to the Municipality an, annual payment in lieu of taxes on the project of an amount equivalent to full normal taxes for any year during the currency of this agreement. Payment shall be made at the same time or times as full normal taxes would be paid, provided that no payment in lieu of taxes will be made in respect of the period prior to the completion and initial occupancy of each building. Any refund arising therefrom shall be in the form of a reduction of payment in lieu of taxes in the year subsequent to the calendar year in which the over - payment was made. (b) Subject to the provisions of The Local Improvement Act as to the replacement of services, the Municipality agrees that no municipal taxes, rates or charges shall be levied or charged against the lands of the Corporation in respect of the housing accommodation project so long as it is owned by the Corporation, and no payment in lieu thereof shall be made in respect of the period prior to the occupancy of each building or group of buildings as aforementioned. (c) The Municipality agrees that no municipal taxes, rates or charges (but not including business taxes, poll taxes, dog taxes, water rates or hydro rates) shall be levied or charged to the tenants or occupants of the housing accommodation units within the project, so long as such units are owned by the Corporation. - Page 5 - (d) The Municipality further agrees to provide or cause to be provided to such tenants or occupants all facilities and services that are provided to other property owners or tenants in the Municipality including, but without limiting the generality of the foregoing, garbage collection, fire and police protection, and educational facilities. I ea 4. The Municipality shall pay to the Corporation on or before the 30th day of June in each year a sum equal to seven and one - half percent (73�%) of the operating loss, if any, of the said housing accommodation project for the preceding calendar year, to the extent of such loss not being fully provided for by any previous profits reserved as set out below. The Corporation shall calculate the amount of the operating loss, if any, and notify the Municipality in writing of the amount thereof on or about the 30th day of April in the year in which such payment shall be made. Should the Corporation accumulate an operating profit on the project for any period, it shall be retained in a reserve account to be applied against future operating losses. 5. The Municipality shall have the right, through its servants, agents or auditors, at any time, upon reasonable notice to the Corporation, to examine the books and records of the Corporation and, in the event that at anytime the Municipality disputes the amount claimed by the Corporation under paragraph 4 hereof, and the parties hereto cannot resolve such dispute, the Municipality and the Corporation 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. 6. This Agreement shall remain in force for as long as;the Corporation shall continue to operate the housing accommodation as a public housing project as defined in Part VI of the National - Page 6 - Housing Act, Revised Statutes of Canada 1970, and subject thereto, 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. S- IN WITNESS WHEREOF the parties hereto have hereunder affixed their corporate seals under the hands of their proper signing officers duly authorized in that behalf. ONTARIO HOUSING CORPORATION Per , •or ( ice -Chai an) Per ..... ,.- ... ......... . • . ( cretary) THE CORPORATION OF THE TOWN OF BOWM&NVILLE Per . Per ....... . CORPORATION TOWN OF :• ILLE BOWIALNVILLE OH-3 SCHEDULE "B" 33 S.C.U. ALL AND SY-N.,Gb-L4R that certain parcel or tract of land and premispq A H situatal lying and being in the To %,n of Bo-vfmanville, County of Dtjrhaa Province of Ontario I L4 being cor,-iposed of the 10 foot walkn.jay as ,zjLujvjj on Registered Plan No.6-2-0, and Dart of Lot 101 Concession 1. forne-3 Township of Darlington, now in the said Town of Bowmanville, the boundaries of said parcel are described as follows: PRTEMISING that the North 73 degrees 53 mintues East of the South limit of Registered Plan No.603 governs all bearings mentioned hereafter; C0114"MCING at the North Fast angle of said 10 foot walkway being the south east angle of Lot 35 as shown on Registered Plan ;To.608; T14-7-NCE Southerly along the East limit of said 10 foot -,a,ralkway being the arc of a curve to the right having a radius of 607 feet 6 inches a distance of 10 feet 0 1/2 inches to the South East angle of said 10 foot walkway,, said arch has a chord equivalent of 10 feet 0 1/2 inches measured on a course of South 10 degrees 47 minutes l'T second: East; �p ThEUCE South 73 degrees 53 minutes }pest along the South limit of said 10 foot walkway a distance of 145 feet 2 1/3 inches to the South nest angle thereof being the :NIorth "est angle of Lot 36 according to Registered Plan No. 610; THMNCE South 01 degree-- 34 minutes East along the West limi't-s of Lots 36,37,38 and 30, Of said Registered Plan No. 610 a distance of 205 feet 0 ll'�4- inches to a point; T IMICE North 66 degrees 07 minutes ?,rest a distance of 40 feet 0 i.-Ach to a point; I TIMNCE South 74 degrees 25 minutes, West a distance Of 53 feet 11 inches to a' point; TIMNCE North 17 degrees 10 minutes 1,-qlest a dist nce of 132 feet 2 inches to a paint in the South 1-11-.ait of Lot 30 according to Regist- el-ed Plan No. 603; TEEMCE North 73 degrees 53 minutes-- lEast along said South limits of C, Lots 30, 31, 33, 'Z4 and 35 Of said Regist-ered Plan No. 6c'o a distance of 290 feet 3/3, inches to the point of commencejfj��t'