OVERLAND, PACIFIC & CUTLER (3) - 2015

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RFP No. 15 -044 — On -Call Right of Way Specialty Services Specialty Area (A4) Acquisition /Relocation /PM up and negotiate with each property owner, as necessary; prepare and submit recommended settlement justifications to client for review and approval; review any independent appraisal secured by property owner; coordinate reimbursement of appraisal fees (up to $5,000) with City. Ongoing negotiations and settlement discussions will continue for 8 weeks after initial offer or until settlement or impasse is reached. 7) Prepare /assemble acquisition contracts, deeds, and related acquisition documents required for acquisition of necessary property interests. Legal descriptions to accompany easements or to accompany partial acquisition deeds are not included in this Scope of Work. 8) Maintain a diary report of all contacts made with property owners or representatives and a summary of status of negotiations indicating attitude of owners, problem areas, and other pertinent information. Copies of all applicable written correspondence are maintained in files. 9) Prepare impasse letter for any parcel where, after diligent attempts to settle by negotiation, eminent domain appears needed or prudent to acquire needed interest. 10) Transmit executed acquisition documents to client. Transmittal package will include fully executed and properly notarized deed(s), fully executed acquisition contract with attachments, and brief settlement memorandum summarizing the pertinent data relative to the transaction. Negotiate R/W Settlement /Prepare Acquisition Documents: Tenant- interests1) After formal' offer to purchase is delivered to underlying property owner, deliver a "tenant notification letter outlining tehanfs rights in the transaction and informing them of needed quitclaims of interests. 2)` Secure copy of lease to determine extent of possessory interest in property to be acquired. 3) Participate in and /or facilitate discussions between property owner and tenant regarding apportionment of just compensation, ownership of fixtures and equipment or improvements, and other elements needed to secure tenants' voluntary settlement of rights and interests. 4)' Present; unapportioned offer to 'purchase leasehold interest and fixtures /equipment to tenant as may be required to facilitate settlement by eminent domain. 5) Prepare purchase agreements and deeds for acquisition of tenants' rights and property. Title Clearance /Escrow Coordination 1) Work in conjunction with escrow officer to facilitate the clearance of title matters as set forth in settlement memorandum and escrow instructions. 2) Coordinate payment of taxes due and release of liens. 3) Secure full or partial reconveyance instruments from lien holders of record. 4) Coordinate lost instrument bonds, as necessary. 5) Coordinate and facilitate recordation of corrective deeds to clear vesting issues. 6) Secure subordination agreements from conflicting easement holders, as needed. If Negotiated Settlement: OPC will assist escrow /title company with the following: 1) Open escrow and coordinate execution of closing instructions providing for title insurance coverage at the settlement amount. 2) Provide escrow officer with fully executed acquisition contract and notarized deed. 3) Review settlement statement for accuracy. 4) Coordinate deposit of acquisition price and estimated closing costs with escrow. 5) After the closing, review title insurance policy for accuracy. 6) Prepare and mail letter to County Assessor requesting cancellation of taxes, if appropriate. Eminent Domain Assistance If Settlement by Eminent Domain; OPC will assist eminent domain counsel; 1) Prepare letter for City's counsel requesting proceeding to condemnation. 2) Provide counsel with available right of way maps and legal descriptions, preliminary title reports, title review documents, and contact info. of each owner or interest holder. 3) Provide eminent domain counsel with duplicate copy of parcel file, together with a copy of appraisal, offer to purchase, correspondence, acquisition contract, and deed as presented. 4) Convert preliminary title reports to litigation guarantees for eminent domain counsels' use. Title company fees (based on value of the interest required) are additional. Relocation Assistance Services. 1) Secure basic case information and set up /maintain case file with documentation /diary throughout course of involvement with claimant. 2) Conduct initial in- depth Feld interview; document rent, income, family size, names /ages of occupants; determine relocation needs and special requirements; provide general info notices and brochures; and explain relocation process and benefits. 3) Provide ongoing advisory assistance to minimize Page 8