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HomeMy WebLinkAboutBy-law 2617/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2617/87 Being a by-law to authorize the execution of an agreement with the Ministry of Housing to participate in the Low-Rise Rehabilitation Program. WHEREAS pursuant to the Housing Development Act, councils may by by-law enter into an agreement with the Ministry of Housing respecting grants; NOW THEREFORE the Council of the Corporation of the Town of Pickering HEREBY ENACTS as follows: The Mayor and Clerk are hereby authorized to execute an agreement in the form attached hereto as Schedule "A" with the Ministry of Housing respecting participation in the Low-Rise Rehabilitation Program. BY-LAW READ a first, second and third time and finally PASSED this 16th day of November, 1987. Mayor Clerk SCHEDULE A to By-law #2617/8~ Revised April 23, 1986 LOW-RISE REHABILITATION PROGRAM AGREEMENT THIS AGREEMENT made this 1st day of September 19 87 BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO as represented by the Minister of Housing (hereinafter called the "Minister") OF THE FIRST PART and THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called the "Agent") OF THE SECOND PART WHEREAS 1) The Minister desires to make loans for the repairs and rehabilitation of residential rental units under this Low-Rise Rehabilitation Program. 2) 3) The Agent has adopted occupancy and building maintenance standards contained in by-law number 1834/84 and dated the 7th day of May , 19 84 , a copy of which has been provided to the Minister. The Minister and the Agent have agreed that the Agent will act as a delivery Agent for the Minister in the delivery of the Program in the manner and to the extent set out in this agreement, the parties agree as follows: 1. Description of Program The Low-Rise Rehabilitation Program (referred to in this Agreement as the Program) is more particularly described in the Program Guide of the Minister for the Program dated the 1st day of May , 1986 and amendments thereto from time to time (referred to in this Agreement as the Guide). - 2 - 2. Responsibilities of the Agent For the consideration set out in this Agreement the Agent shall participate in the Program and shall on behalf of and as agent for the Minister perform the Services more particularly described in this Agreement, and as set out in Schedule 'B'. 3. The Services The Services shall be as described in this part. The processing of each loan application and inspection of each property for the purpose of the Program including: (a) causing such administrators and inspectors as the Agent deems necessary to attend orientation seminars of the Minister for the purpose of explaining the Program and handling inquiries from and the distribution of information to the public about the Program; (b) receiving and completing preliminary applications, verifying ownership from assessment rolls or other means including searches of title, assessing the suitability of each applicant and explaining the Program and arranging for an inspection of the property to be rehabilitated;. (c) performing a detailed interior and inspection in accordance with the Maintenance and Occupancy by-law and exterior Agent's - 3 - identifying the repairs required to bring the project up to the standards of the Maintenance and Occupancy by-law; (d preparing a detailed work write-up, a cost estimate on an itemized basis, a proposal package containing the owner's work schedule and discussing completion of the package with the applicant; (e determining the impact the eligible repairs would have on the displacement of tenants from the project and reviewing the landlord's plan for dealing with such displacement and the need (if any) for temporary displacement funding; (f advising the applicant what repairs will be eligible for a loan and the procedure to obtain a loan, including requirement of applicant to (i) arrange for financing of the applicant's share of the costs; (ii) obtain contractors' estimates; (iii) appoint a lawyer to represent the applicant; (g ensure that the part of the work proposed to accomplish the repairs and rehabilitation which is eligible for Provincial funding under this program does not.exceed the work required to be done to bring the building up to the standards - 4 - set by the Occupancy and Building Maintenance by-law; {h) advising local contractors as to how the Program works; (i) reviewing contractor's estimates and completing application documents; reviewing and conditionally approving requests for temporary displacement funding and making recommendations to the appropriate Regional Housing Programs Office of the Ministry of Housing for payment; (k) determining the amount of the total debt load on the project, including the proposed loan under the Program, and, if an appraisal is required ensuring that one is obtained; (1) receiving and completing the final application and conditionally approving or rejecting such application before forwarding it to Ontario Mortgage Corporation; (m) ensuring that the applicant has arranged financing for the applicant's share of the work over and above the financing under this Program; (n) ensuring that each tenant of the project is advised in writing by the landlord (applicant) of the repair and rehabilitation plans, timing arid effect of the work including any temporary or permanent displacement which might be necessary. 3.2 The administration of the loan for the purpose of the Program includes the following: adjustment of the amount of the loan to the actual work done on the project, but not exceeding the total per unit amount that may be advanced pursuant to the Program; (b) conducting inspections during the progress of construction to ensure that the work is in accordance with the Program and the Maintenance and Operating by-law; (c) recommending to Ontario Mortgage Corporation the advances to be made from time to time on the loan; preparing any revisions to the work write-ups during construction, if permitted by the Program; (e) carrying out a final inspection and recommending a final advance of the loan subject to such holdbacks as are required. 3.3 The Agent may agree with the Minister to adopt rules in addition, to those set out in the Guide, in respect of targetting applications for loans and in such case the additional rules shall be set out in Schedule 'B' , except that in the event of a conflict between the rules in Schedule 'B' and the Guide, the latter shall prevail. 3.4(1)The Agent shall not publish any literature or other information or material in respect of the Program except for the information contained in the Guide, without first obtaining consent of the Minister. 3.4(2)The Agent shall ensure that any literature or other information as in subsection (1) above published by the Agent must contain reference to the assistance provided by the Minister with respect to the Program and where there is a significant demand such literature or other information shall appear in a unilingual format in both French and English media where available. 3.4(3)The Minister may at any time and from time to time upon giving written notice to the Agent, amend or change the Guide and the Schedules to this Agreement or any of them. 3.5 The Agent shall keep accurate records, books, and accounts of all disbursements permitted by the Guide and shall furnish from time to time on request of the Minister, adequate particulars of such disbursements and the Agent shall permit representatives of the Minister to inspect all such records, books, and accounts at any time within 6 years from the final advance on the last loan under this Program covered by this Agreement. 3.6 The Agent shall co-operate with the Minister in evaluating the Program and shall on request of the Minister participate in reviews of the Program. 4. Fees 4.1 The Minister shall pay to the Agent for the - 7 - Services the fees and disbursements in the amounts and in the manner set out in Schedule "A". 5. Termination 5.1 Either the Minister or the Agent may terminate this Agreement with or without giving any reasons therefor by giving 90 days notice in writing of such termination and in such case the Minister may apportion any fees payable to the Agent and pay them within two months, and the Agent shall provide the Minister with all records, books and accounts dealing with the Program and with all other information in the Agent's possession that the Minister may require. 5.2 In the event of termination except for fraud or gross negligence, neither party will have any right of action or otherwise against the other, except as set out in Section 5.1. 5.3 The Minister may from time to time change the Program Guide and the Schedules to this Agreement upon giving notice to the Agent of such change. 6. Indemnification The Minister shall indemnify the Agent from all claims for damages arising from this Agreement for which the Agent is legally liable in respect of the Program, except those arising from fraud or gross negligence of the Agent, its officers, servants, or employees. 7. Form of Loan The form of loan shall be designated by Ontario Mortgage Corporation from time to time and shall be effective from the time such form is delivered to the Agent. IN WITNESS WHEREOF the parties have signed this document under seal. THE CORPORATION OF THE TOWN OF PICKERING [{ER MAJESTY THE QUEEN IN RIG[{T OF THE PROVINCE OF ONTARIO as represented by the Minister of Rousing REGIONAL MANAGER FOR THE MINISTER OF HOUSING SCHEDULE A The following schedule will be used to determine appropriate administration fees for participating municipalities under The Ontario Lowrise Program: Partial Payments Where specific steps have been completed by the municipality but the applicant does not proceed through the program for whatever reason, then the following fees will apply for each respective administrative step: General Administration (includes: completion of application, preliminary title search and all office work related to the applicant) $ 250.00 - Each additional unit over 1 $ 15.00 Initial Inspection and Work Write-up $ 150.00 Each additional unit over 1 $ 35.00 Progress and Final Inspections (during rehabilitation) $ 200.00 Each additional unit over 1 $ 20.00 Full Payment For applications that have successfully been processed and where final advances have been issued. All Delivery Functions $ 600.00 Each additional unit over 1 $ 70.00 SCHEDULE B LOW-RISE REHABILITATION PROGRAM Municipality TOWN OF PICKERING Allocation(s) No. of Units 10 DATE July 28/87 Special Instructions: N/A Municipal Code Numbers The Municipal Code Number assigned to your Municipality is 18001 Please use this as the first five (5) digits of each application number assigned to a landlord.