Item - 2014.EX43.10

Tracking Status

  • City Council adopted this item on July 8, 2014 without amendments.
  • This item was considered by the Executive Committee on July 2, 2014 and adopted without amendment. It will be considered by City Council on July 8, 2014.

EX43.10 - Infrastructure Ontario Refinancing of Toronto Community Housing Mortgages

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on July 8, 9, 10 and 11, 2014, adopted the following:

 

1.         City Council, in its capacity as Shareholder of Toronto Community Housing Corporation (TCH):

 

a.         pursuant to Section 7.4.1 (a) of the City's Shareholder Direction to Toronto Community Housing Corporation approve the Term Sheet in Attachment 1 to the report (June 17, 2014) from the City Manager and the Deputy City Manager and Chief Financial Officer (the Term Sheet) between Toronto Community Housing Corporation and Infrastructure Ontario for refinancing totalling $49.7 million in order to address the renewal of 15 Toronto Community Housing Corporation mortgages totalling $19.0 million, as well as obtaining incremental financing of $30.7 million (less transaction costs and legal fees);

 

b.         approve the extension of Toronto Community Housing Corporation's mortgage subsidy for 8 properties identified in Attachment 2 to the report (June 17, 2014) from the City Manager and the Deputy City Manager and Chief Financial Officer, based on the current monthly mortgage payment, until the end of 2045, both on condition that:

 

i.          the net amount of incremental financing be deposited to a new special reserve other than the State of Good Repair Fund dedicated to the repair or replacement of building components with a useful life of at least 30 years; and

 

ii.         Toronto Community Housing Corporation report annually, through Toronto Community Housing Corporation's Annual Report to Council, on the status and use of funding deposited to such special reserve;

 

c.         authorize the City Manager or his delegate to execute on behalf of the shareholder an agreement among the City, Toronto Community Housing Corporation and Infrastructure Ontario which provides a City guarantee for the repayment of the principal and interest on the mortgages in this proposal on terms and conditions satisfactory to the City Manager or his delegate and in a form approved by the City Solicitor;

 

d.         authorize the City Manager or his delegate to execute on behalf of the shareholder an amendment to the existing 2013 Shareholder Agreement amongst the City, Toronto Community Housing Corporation and Infrastructure Ontario (for the refinancing of mortgages that required renewal in 2013) which will provide for the following on conditions satisfactory to the City Manager or his delegate and in a form approved by the City Solicitor:

 

i.          a City guarantee for the repayment of principal and interest on the mortgage loans; and

 

ii.         deletion of the existing requirement that Toronto Community Housing Corporation provide Infrastructure Ontario with a Letter of Credit in the amount of $4.5 million; and

 

e.         deem the guarantees in Parts 1.c. and 1.d. above to be in the interests of the City.

 

2.                City Council, in its capacity as Service Manager under the Housing Services Act, 2011 (the HSA):

 

a.         grant Service Manager consent to Toronto Community Housing Corporation pursuant to section 162(2) or 162(2) of the Housing Services Act, 2011 (the HSA), as appropriate, to mortgage those properties described in Appendix 1 to the Term Sheet in Attachment 1 to the report (June 17, 2014) from the City Manager and the Deputy City Manager and Chief Financial Officer that require Service Manager consent to secure the obligations of Toronto Community Housing Corporation to Infrastructure Ontario described in the Term Sheet; and

 

b.         authorize the General Manager, Shelter, Support and Housing Administration to:

 

i.          request all necessary third party waivers, consents or other authorizations which the Service Manager is required to seek in connection with the transactions contemplated by the Term Sheet in Attachment 1 to the report (June 17, 2014) from the City Manager and the Deputy City Manager and Chief Financial Officer; and

 

ii.         provide the necessary notice to the Minister of Municipal Affairs and Housing pursuant to Section 163 of the Housing Services Act, 2011 (the HSA).

 

3.         City Council consent pursuant to subsection 453.1(6) of the City of Toronto Act 2006 to any mortgage or charge given to Infrastructure Ontario (as Chargee) with respect to any of the properties described in Appendix 1 to the Term Sheet in Attachment 1 to the report (June 17, 2014) from the City Manager and the Deputy City Manager and Chief Financial Officer by Toronto Community Housing Corporation and that where required the City Clerk provide a certificate, in registerable form, to Infrastructure Ontario pursuant to subsection 453.1(9) of the City of Toronto Act, 2006.

 

4.         City Council authorize the City Manager to execute and deliver such other notices, consents, authorizations and agreements on behalf of the City a shareholder or Service Manager in order to facilitate the refinancing of the Toronto Community Housing Corporation mortgages on the properties described in the Term Sheet in Attachment 1 to the report (June 17, 2014) from the City Manager and the Deputy City Manager and Chief Financial Officer, including, without limitation, amendments to the Operating Agreement between the City and Toronto Community Housing Corporation.

Background Information (Committee)

(June 17, 2014) Report from the City Manager and the Deputy City Manager and Chief Financial Officer on Infrastructure Ontario Refinancing of Toronto Community Housing Mortgages
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-70824.pdf
(June 17, 2014) Attachment 1 and Appendices 1 and 2 - Infrastructure Ontario TCH Mortgage Refinancing Proposal (Term Sheet)
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-70825.pdf
(June 17, 2014) Attachment 2 - Additional City Funding Commitment by Property
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-70826.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jul-10-2014 10:08 AM

Result: Carried Majority Required - EX43.10 - Adopt the item
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Doug Ford, Mike Layton, Peter Leon, Gloria Lindsay Luby, James Maloney, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Ceta Ramkhalawansingh, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 12 Members that were absent are Vincent Crisanti, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Chin Lee, Giorgio Mammoliti, Pam McConnell, Ron Moeser, Anthony Perruzza

EX43.10 - Infrastructure Ontario Refinancing of Toronto Community Housing Mortgages

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council, in its capacity as Shareholder of Toronto Community Housing Corporation (TCH)

 

a.         pursuant to Section 7.4.1 (a) of the City's Shareholder Direction to Toronto Community Housing Corporation approve the Term Sheet in Attachment 1 to the report (June 17, 2014) from the City Manager and the Deputy City Manager and Chief Financial Officer (the Term Sheet) between Toronto Community Housing Corporation and Infrastructure Ontario for refinancing totalling $49.7 million in order to address the renewal of 15 Toronto Community Housing Corporation mortgages totalling $19.0 million, as well as obtaining incremental financing of $30.7 million (less transaction costs and legal fees);

 

b.         approve the extension of Toronto Community Housing Corporation's mortgage subsidy for 8 properties identified in Attachment 2 to the report (June 17, 2014) from the City Manager and the Deputy City Manager and Chief Financial Officer, based on the current monthly mortgage payment, until the end of 2045, both on condition that:

 

i.          the net amount of incremental financing be deposited to a new special reserve other than the State of Good Repair Fund dedicated to the repair or replacement of building components with a useful life of at least 30 years; and

 

ii.         Toronto Community Housing Corporation report annually, through Toronto Community Housing Corporation's Annual Report to Council, on the status and use of funding deposited to such special reserve.

 

c.         authorize the City Manager or his delegate to execute on behalf of the shareholder an agreement among the City, Toronto Community Housing Corporation and Infrastructure Ontario which provides a City guarantee for the repayment of the principal and interest on the mortgages in this proposal on terms and conditions satisfactory to the City Manager or his delegate and in a form approved by the City Solicitor;

 

d.         authorize the City Manager or his delegate to execute on behalf of the shareholder an amendment to the existing 2013 Shareholder Agreement amongst the City, Toronto Community Housing Corporation and Infrastructure Ontario (for the refinancing of mortgages that required renewal in 2013) which will provide for the following on conditions satisfactory to the City Manager or his delegate and in a form approved by the City Solicitor:

 

i.          a City guarantee for the repayment of principal and interest on the mortgage loans; and

 

ii.         deletion of the existing requirement that Toronto Community Housing Corporation provide Infrastructure Ontario with a Letter of Credit in the amount of $4.5 million; and

 

e.         deem the guarantees recommended in Recommendations 1.c. and 1.d. to be in the interests of the City.

 

2.                City Council, in its capacity as Service Manager under the Housing Services Act, 2011 (the HSA):

 

a.         grant Service Manager consent to Toronto Community Housing Corporation pursuant to section 162(2) or 162(2) of the Housing Services Act, 2011 (the HSA), as appropriate, to mortgage those properties described in Appendix 1 to the Term Sheet in Attachment 1 to the report (June 17, 2014) from the City Manager and the Deputy City Manager and Chief Financial Officer that require Service Manager consent to secure the obligations of Toronto Community Housing Corporation to Infrastructure Ontario described in the Term Sheet; and

 

b.         authorize the General Manager, Shelter, Support and Housing Administration to:

 

i.          request all necessary third party waivers, consents or other authorizations which the Service Manager is required to seek in connection with the transactions contemplated by the Term Sheet in Attachment 1 to the report (June 17, 2014) from the City Manager and the Deputy City Manager and Chief Financial Officer; and

 

ii.         provide the necessary notice to the Minister of Municipal Affairs and Housing pursuant to Section 163 of the Housing Services Act, 2011 (the HSA).

 

3.         City Council consent pursuant to subsection 453.1(6) of the City of Toronto Act 2006 to any mortgage or charge given to Infrastructure Ontario (as Chargee) with respect to any of the properties described in Appendix 1 to the Term Sheet in Attachment 1 to the report (June 17, 2014) from the City Manager and the Deputy City Manager and Chief Financial Officer by Toronto Community Housing Corporation and that where required the City Clerk provide a certificate, in registerable form, to Infrastructure Ontario pursuant to subsection 453.1(9) of the City of Toronto Act, 2006.

 

4.         City Council authorize the City Manager to execute and deliver such other notices, consents, authorizations and agreements on behalf of the City a shareholder or Service Manager in order to facilitate the refinancing of the Toronto Community Housing Corporation mortgages on the properties described in the Term Sheet in Attachment 1 to the report (June 17, 2014) from the City Manager and the Deputy City Manager and Chief Financial Officer, including, without limitation, amendments to the Operating Agreement between the City and Toronto Community Housing Corporation.

Origin

(June 17, 2014) Report from the City Manager and the Deputy City Manager and Chief Financial Officer

Summary

In November, 2013 City Council approved the Toronto Community Housing (TCH) Ten-Year Capital Financing Plan. As part of that approval, Council directed that Toronto Community Housing initiate negotiations with potential lenders for the refinancing of Toronto Community Housing mortgages being renewed in 2014 and 2015.

 

This report seeks approval from Council for a proposal developed by Toronto Community Housing and Infrastructure Ontario (IO) which would result in the refinancing of 15 Toronto Community Housing properties with mortgages scheduled for renewal in 2014. Upon approval by Council, Toronto Community Housing will receive mortgage refinancing totalling $49.7 million. Of this total, $19.0 million will be used to pay out the existing social housing mortgages. The balance of $30.7 million represents incremental financing of which $2.9 million will be restricted for investment in future capital repairs within the pool of 15 refinanced properties and $27.9 million which will be invested to address capital needs throughout the entire Toronto Community Housing social housing portfolio.

 

The refinancing proposal will have no immediate financial impact to the City. However, Toronto Community Housing Corporation has requested a City commitment to extend subsidy funding of mortgages for 8 of the 15 properties, at current levels, to the end of the new 30-year mortgage amortization term. The extended mortgage subsidy funding has a total nominal value of $44.7 million and a present value of $19.6 million.

 

In addition, the proposed terms require that the City provide an explicit guarantee to Infrastructure Ontario for repayment of the mortgages within this proposal. They also require that the City provide a guarantee for repayment of the Toronto Community Housing mortgages that were refinanced by Infrastructure Ontario in 2013.

Background Information

(June 17, 2014) Report from the City Manager and the Deputy City Manager and Chief Financial Officer on Infrastructure Ontario Refinancing of Toronto Community Housing Mortgages
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-70824.pdf
(June 17, 2014) Attachment 1 and Appendices 1 and 2 - Infrastructure Ontario TCH Mortgage Refinancing Proposal (Term Sheet)
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-70825.pdf
(June 17, 2014) Attachment 2 - Additional City Funding Commitment by Property
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-70826.pdf

Motions

Motion to Adopt Item moved by Councillor Cesar Palacio (Carried)
Source: Toronto City Clerk at www.toronto.ca/council