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Item 18 - Agreements for On -Call Right -of -Way Specialty Services
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11/16/2021 Regular
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Item 18 - Agreements for On -Call Right -of -Way Specialty Services
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Clerk of the Council
Item #
18
Date
11/16/2021
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21 <br />Monument will prepare a memorandum transmitting the <br />agreement and deeds to the escrow company to initiate <br />the escrow due diligence process. <br />Escrow Coordination. After an offer is accepted <br />and the purchase agreement is approved by the City, <br />Monuments Escrow Coordinator will transmit the original <br />documents to the escrow company and request that the <br />title company send an updated Preliminary Title Report. <br />The Escrow Coordinator will review the updated title <br />report and prepare a memorandum of disapproved title <br />exceptions. The escrow company will prepare escrow <br />instructions, transmit a copy of the purchase contract to <br />the title company and begin the process of satisfying all <br />monetary liens, prorating taxes and clearing adverse title <br />exceptions and encumbrances. Upon escrows request <br />for funds from the City, the estimated closing amount <br />will be deposited in escrow, and upon close, the escrow <br />holder will record a deed and issue a title insurance policy. <br />The Escrow Coordinator will provide ongoing support <br />to the escrow officer to ensure the timely execution <br />of escrow instructions, coordination of title clearance <br />documents and processing of wire transfers. Escrow <br />closure generally will be accomplished in 30 to 60 days. <br />Condemnation Support. In the event negotiations are <br />unsuccessful and the Acquisition Agent recommends <br />that an administrative settlement is not feasible or project <br />timing requires use of the eminent domain process, the <br />Project Manager will submit a recommendation to the City <br />to initiate condemnation proceedings. The Monument <br />Team will work closely with the Citys condemnation <br />counsel in preparing the resolution hearing notices, <br />providing a duplicate copy of the agent's acquisition file, <br />and assist in the eminent domain complaint and in trial <br />preparation as requested. Settlement negotiations by <br />legal staff may continue until the trial begins, including <br />alternative dispute resolution and negotiations for <br />Stipulated Use and Possession to ensure access to the <br />property consistent with project schedules. <br />Relocation <br />Monument will provide relocation services to assure that <br />displaced individuals and businesses promptly receive <br />relocation benefits consistent with Federal, State, and <br />local regulations, Caltrans policies and procedures, and <br />Citys ROW Policies and Procedures, where applicable. <br />Perform all relocation assistance services in <br />accordance with the Uniform Relocation and Real <br />Property Acquisition Act; the California Relocation <br />Assistance and Real Property Acquisition Guidelines; <br />the Citys Policies and Procedures and any other <br />applicable regulations. <br />Prepare a Relocation Plan, if necessary. <br />Meet personally with each prospective displacee <br />to ascertain the nature and scope of relocation <br />assistance required, to inform the displacees of their <br />rights, and to explain the relocation process. <br />Determine each displacees eligibility for relocation <br />assistance; prepare an estimated timeline for <br />relocation, and prepare an estimate of the amount of <br />relocation benefits to which each displace is eligible. <br />Prepare all applicable claim forms, secure claimants <br />signatures on claim forms, and submit forms to the <br />City for review, acceptance, and payment. <br />Conduct appropriate searches for relocation <br />replacement sites and provide relocation site referrals <br />to displacees. <br />Personally inspect replacement dwellings and/or <br />buildings and sites to determine if they meet decent, <br />safe, and sanitary regulatory requirements. <br />Where appropriate, advise displacees of available <br />economic assistance and social services; and provide <br />displacees with referrals to organizations, social <br />service agencies and community organizations. <br />Perform any other normal procedures and <br />processes to implement the relocation assignment <br />and provide any other supporting information and <br />correspondence required by the City. <br />
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