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03 - Agrmt-Overland Pacific and Cutler
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03 - Agrmt-Overland Pacific and Cutler
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1/3/2012 3:33:28 PM
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City Clerk
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Agenda Packet
Item #
03
Date
2/16/2010
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reimbursement of appraisal fees (up to $5,000) with client. Ongoing negotiations <br />and settlement discussions will continue for 8 weeks after the initial offer or until <br />we reach settlement or impasse. <br />7. Prepare and assemble acquisition contracts, deeds and related acquisition <br />documents required for the acquisition of necessary property interests. Legal <br />descriptions to accompany easements or to accompany partial acquisition deeds <br />are not included in this Scope of Work. <br />8. Maintain a diary report of all contacts made with property owners or <br />representatives and a summary of the status of negotiations indicating attitude of <br />owners, problem areas, and other pertinent information. Copies of all applicable <br />written correspondence will be maintained in files. <br />9. Prepare an impasse letter for any parcel where, after diligent attempts to settle by <br />negotiation, it appears eminent domain will be needed or prudent to acquire the <br />needed interest. <br />10. Transmit executed acquisition documents to client. Each transmittal package shall <br />include a fully executed and properly notarized deed(s), fully executed acquisition <br />contract with attachments, and a brief settlement memorandum which summarizes <br />the pertinent data relative to the transaction. <br />Acquisition Services -Tenant-Interest Owner <br />1. After the formal offer to purchase is delivered to the underlying property owner, <br />deliver a "tenant notification letter" notifying tenant of their rights in the <br />transaction and informing them of needed quitclaims of interests. <br />2. Secure copy of lease to determine the extent of possessory interest in property to <br />be acquired. <br />3. Participate in and/or facilitate discussions between property owner and tenant <br />regarding apportionment of just compensation, ownership of fixtures and <br />equipment or improvements, and other elements needed to secure tenants <br />voluntary settlement of rights and interests. <br />4. Present unapportioned offer to purchase leasehold interest and fixtures and <br />equipment to tenant as may be required to facilitate settlement by eminent <br />domain. <br />5. Prepare purchase agreements and deeds for acquisition of tenants' rights and <br />property. <br />Escrow Coordination or Eminent Domain Coordination Services <br />If by Negotiated Settlement: Assist the escrow/title company in the following: <br />1. Open escrow and coordinate execution of closing instructions providing for title <br />insurance coverage at the settlement amount. <br />2. Provide escrow officer with fully executed acquisition contract and notarized <br />deed. <br />3. Review settlement statement for accuracy. <br />4. Coordinate deposit of acquisition price and estimated closing costs with escrow. <br />11 <br />3-15 <br />
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