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HomeMy WebLinkAboutChapter 160 - Execution of Documents ADMINISTRATION Chapter 160 EXECUTION OF DOCUMENTS Article I AUTHORIZATION 160.1.1 Purchase and Sale of'Land 160.1.2 Money Secured by Agreement,Mortgage Lien or Charge 160.1.3 Execution of Subdivision and Condominium Agreements 160.1.4 Conveyance of Interest in Land Subdivision-Condominium 160.1.5 Conveyance of Interest in Land Site Plan Approval Process 160.1.6 Agreements Imposed-Condition by Committee of Adjustment Article 2 REPEAL 160.2.1 By-law-previous Article I AUTHORIZATION 160.1.1 Purchase and Sale of Land The authorization by this Council of the purchase or sale of any land shall also be deemed to authorize: (a) the preparation or approval of any necessary documents by the City Solicitor; KITCHENER 160.1 JUNE 2004 160.1.2 EXECUTION OF DOCUMENTS 160.1.3 (b) the execution of any such documents,when approved by the City Solicitor, by the Mayor or Acting Mayor and the City Clerk or Deputy City Clerk and the sealing of same with the common seal of the City; (c) the City Solicitor to execute a Document Registration Agreement, an escrow closing arrangement, with the Solicitor for the other party to the transaction; (d) the City Solicitor to electronically sign for completeness and re- lease any document required to be registered on title electronically; (e) the issue by the City Treasurer of any cheque or funds necessary, subject to the usual adjustments; (f) the delivery of completed documents by the City Solicitor on pay- ment to the City or the payment over of funds on receipt of proper documents,by the City Solicitor; (g) the doing of any act by any other officer necessary or proper to be done by such officer to carry out the transaction. 160.1.2 Money Secured by Agreement,Mortgage or Lien Charge The authorization by this Council to secure money payable to the City by an agreement,mortgage,lien or charge shall also be deemed to authorize: (a) the preparation or approval of any necessary documents by the City Solicitor; (b) the release or discharge in the appropriate form or terms, of any such agreement,mortgage,lien or charge,once the money together with any costs or incidental charges has been paid; (c) the execution of any such documents relating to the release or dis- charge,when approved by the City Solicitor,by the Mayor or Act- ing Mayor and the City Clerk or Deputy City Clerk and the sealing of same with the common seal of the City,if required; (d) the City Solicitor to electronically sign for completeness and re- lease any document required to be registered on title electronically to effect the release and discharge. 160.1.3 Execution of Subdivision and Condominium Agreements The Mayor and Clerk are authorized to execute Subdivision and Condomin- ium Agreements and any amending agreements following approval by Council of the initial draft plan of subdivision or condominium,provided satisfactory to the City Solicitor. JUNE 2004 160.2 KITCHENER 160.1.4 EXECUTION OF DOCUMENTS 160.1.5 160.1.4 Conveyance of Interest in Land Subdivision- Condominium The approval by this Council of any draft plans of subdivision or condomin- ium shall also be deemed to authorize the conveyance of any interest in land incidental to the subdivision or condominium referenced within the subdivi- sion or condominium agreements,and shall include,but not be limited to,the conveyance of easements and reserves, the release of or abandonment of easements, and the release or partial release of conditions within said agreements; and in doing so shall authorize: (a) the preparation or approval of any necessary documents by the City Solicitor; (b) the execution of any such documents,when approved by the City Solicitor, by the Mayor or Acting Mayor and the City Clerk or Deputy City Clerk and the sealing of same with the common seal of the City,if required; (c) the City Solicitor to execute a Document Registration Agreement, an escrow closing arrangement, with the Solicitor for the other party to the transaction,if required; (d) the City Solicitor to electronically sign for completeness and re- lease any document required to be registered on title electronically; (e) the delivery of completed documents by the City Solicitor; (f) the doing of any act by any other officer necessary or proper to be done by such officer to carry out the transaction. 160.1.5 Conveyance of Interest in Land Site Plan Approval Process Council hereby authorizes the conveyance of any interest in land incidental to the section 41 site plan approval process and shall include,but not be lim- ited to,the conveyance of easements and reserves,the release of or abandon- ment of easements,and the release or partial release of conditions within said agreements; and in doing so shall authorize: (a) the preparation or approval of any necessary documents by the City Solicitor; (b) the execution of any such documents,when approved by the City Solicitor, by the Mayor or Acting Mayor and the City Clerk or Deputy City Clerk and the sealing of same with the common seal of the City,if required; (c) the City Solicitor to execute a Document Registration Agreement, an escrow closing arrangement, with the Solicitor for the other party to the transaction,if required; KITCHENER 160.3 JUNE 2004 160.1.6 EXECUTION OF DOCUMENTS 160.2.1 (d) the City Solicitor to electronically sign for completeness and re- lease any document required to be registered on title electronically; (e) the delivery of completed documents by the City Solicitor; (f) the doing of any act by any other officer necessary or proper to be done by such officer to carry out the transaction. 160.1.6 Agreements Imposed-Condition by Committee of Adjustment The Mayor or Acting Mayor and the City Clerk or Deputy City Clerk are hereby authorized to execute any agreements,satisfactory to the City Solici- tor, arising as a result of conditions imposed by the Committee of Adjust- ment including the release or partial release of any such agreements which have been satisfied, and in doing so shall authorize the preparation or ap- proval of any necessary documents by the City Solicitor. Article 2 REPEAL 160.2.1 By-law-previous By-law 87-278 and the contents of the previous Chapter 160 are hereby re- pealed. By-law 2004-28,9 February,2004. JUNE 2004 160.4 KITCHENER