HomeMy WebLinkAboutBy-law 383/76THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER ..3 Y,317k
Being a By-law of the Corporation
of the Town of Pickering to authorize
the execution of an agreement between
Ontario Housing Corporation and
the Town of Pickering with respect
to the financing of the provision
of 36 Senior Citizens Units
(Lot 20 and Block N, Plan M-998)
THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY
ENACTS AS FOLLOWS:
1. That the Mayor and Administrator-Clerk be
authorized to execute an agreement between
Ontario Housing Corporation and the
Corporation of the Town of Pickering with
respect to the financing of the provision of
36 Senior Citizens Units known as Project
Number Pickering OH-1 (Lot 20 and Block N,
Plan M-998)
By-law read a first, second and third time and PASSED this
day of 1976.
T
Mayor
Administrator-Cle k
3 e?1 76
Project No. Pickering on-1
36 S.C.U.
EXXXXXXXOMMOXSENIOR CITIZEN UNITS
This Agreement made in duplicate this day of
A.D. 19
B E T W E E N
ONTARIO HOUSING CORPORATION
^ (hereinafter called e Corporation')
OF THE FIRST PART
- and -
THE CORPORATION OF THE
TOWN OF PI KER NG
ere na ter ca a Manic pa ty )
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 36 amldclC*enior citizen housing units on
lands situate within the Municipality;
AND WHEREAS the Municipality has on the day of
A.D. 19 , passed By-law no. , authorising the
entering into of this Agreement.
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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;
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;
eokll 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
T
(b) "Operating Expenses" means the total of:
recorded on either a cash or accrued basis.
(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
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
interest on such advances at the rate of 10 • per
annum.
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(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 amounts paid by the
Corporation in any year, pro-rated on a Province-wide per unit
basis, for losses due to fire, wind or vandalism.
(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 lean
r 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
gma*"ssnior citizen housing accommodation on lands in the
Municipality described in Schedule "A" annexed hereto, which, when
completed, will comprise approximately 36 housing units.
The Municipality will be under no obligation or liability to
contribute to the capital cost of the said housing accommodation,
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_ nor, save as hereinafter provided, to the cost of r_,pcraating and
maintaining same. The parties hereto furt3.I-r a rsn that thm
Municipality shall not be entitled to rm.:*_ivz ctr :a)a?re in any
profits or other increments from the proj?--t. 0-, nr<aating profits
shall, however, be dealt with in the i°!: FS c:r c? rc _`sa in clause 4.
3. (a) The Corporation shall make to t hz^ an
annual payment in lieu of taXeD oil the a;: an ammount
equivalent to full normal tax.ce for e*n a'^?. wring the
currency of this agreement. Pa..:ment ??.^ll be irade at the
same time or timas as full normal be paid,
eON provided that no payment in lieu of ^ i 3 'ao easdo in
respect of the period prior to thn cams aal..ct:i en <rd initial
occupancy of each building. luny refuwl r?rioin4 therefrom
shall be in the form of a reduction of payt,'mnt in lieu of
taxes in the year subsequent to thfa c,• le.;. j::;: T(,,nr in which
the over-payment was made.
(b) Subject to the provisions ox The Local Improvement Act
as to the replacement of serviced, tl.^ tlun(.cipality agrees
that no municipal taxes, rates or charger, shall be levied or
charged against the lands of the Corporc,vi.cn in respect of
the housing acco=.odation project co to<II9 it in owned by
the Corporation, and no payment in lieu thoreof shall be made
in respect of the period prior to the oUcug.,ancy of each
building or group of buildings as Mfore a<aa9 inac ad,
(c) The Municipality agrees that no .,;taraic.I.,,p l). taus, rates
or charges (but not including business ta^ns..oas, poll ta=gs
dog taxes, water rate* or hydro ratan) shall bm levied or
charged to the tenants or occupaants of °'_h : lacuaing
accommodation units within the projcf,,t, oo long ass such unite
are owned by the Corporation.
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(d) The Municipality further agrees to provide or cause to
be provided to such tenants or occupants all facilities and
services that are provided t ther property owners
o or
Vrsuant to Subsection 10 of
tenants in the Munieipality?icnoc?xxidx?c?cac3ixaixxxJtx
Section 6 of The Housing Development Act, R.S.O. 1970,
?lTecag9ne?'?S?ttti???cX1Cw't4CY:?CZC??N?7i2C?tX?c%k}ic??{
Chapter 213, as amended 1974, Chapter 31, Section 4.
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 Ph%) of the operating loss, if any, of the said
housing accommodation project for the preceding calendar year, to
the extent of such loess not being fully provided for by any previous
profits reserved as sot 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 losoes.
5. The Municipality shall have the right, through its servants,
agents or auditors, at any time, upon reauonable notice to the
corporation, to examine the books and records of the Corporation
and, in the event that at any time 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 am tII:s
Corporation shall continue to operate the housing accommodation
as a public housing project a® definod in Part VI of the National
Y
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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.
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 ..... .. .. .......
(Vice-Chairman)
Per ...... ........ ............
(Secretary)
THE CORPORATION OF THE
TOWN OF PICKERING
i
Per .......... .......
SCHEDULE "A"
TO AGREEMENT dated day of , A.D. 19
B E T W E E N:
ONTARIO HOUSING CORPORATION
- and -
THE CORPORATION OF THE
TOWN OF PICKERING
toN
LAND DESCRIPTION
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town of Pickering, in the Regional
Municipality of Durham and being composed of the whole of Lot 20 and
Block N, according to a Plan filed in the said Land Registry office
as Number M-998.
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