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HomeMy WebLinkAbout25A - AMEND COMMONWEALTH AGMTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 17, 2020 urr�d APPROVE AN AMENDMENT TO AGREEMENT WITH COMMONWEALTH TITLE COMPANY FOR AN EIGHT -MONTH EXTENSION TO COMPLETE OUTSTANDING TITLE AND ESCROW RELATED SERVICES CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2111 Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ rK•�►num�.ic. /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute an amendment to extend the existing agreement with Commonwealth Title Company from March 31, 2020 to December 31, 2020, to complete outstanding title and escrow -related services subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On April 7, 2015, City Council approved an agreement with Commonwealth Land Title for title and escrow -related services, which are utilized on an "as needed" basis for right-of-way Capital Improvement Program projects. The agreement is scheduled to expire on March 31, 2020, and staff requests an eight -month extension to the agreement (Exhibit 1) to allow sufficient time to process approximately 27 title reports for railroad parcels and complete escrow activities associated with ongoing key right-of-way projects in the Capital Improvement Program. Additionally, it will afford the Public Works Agency sufficient time to prepare a new Request for Proposals for title and escrow services. The extension will utilize the available balance remaining in the agreement and no additional funding is being requested as part of the amendment. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy D (explore creative financing options with private property owners amenable to share the costs associated with infrastructure improvements (i.e. assessment districts)). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. 25A-1 Extension of Term for Title and Escrow Services Agreement March 17, 2020 Page 2 Nabil Saba, PE Acting Executive Director Public Works Agency 1►60-YANT/.[e'_ Exhibit: 1. Amendment 25A-2 EXHIBIT 1 FIRST AMENDMENT TO AGREEMENT FOR TITLE AND ESCROW SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on March 17, 2020, by and between Commonwealth Land Title Company ("Consultant') and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The Parties entered into Agreement No. A-2015-049, dated April 30, 2015, by which Consultant agreed to provide escrow and title services ("Agreement'). B. The Agreement remains in effect through March 31, 2020, and the parties now wish to further extend the term of the Agreement. The Parties therefore agree: 1. Section 3, Term, is amended to extend the term of the Agreement through December 31, 2020. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST Kristine Ridge City Manager APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: 70, -f."L Nut M.Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Acting Executive Director, Public Works Agency Daisy Gomez Clerk of the Council CONSULTANT 1�� Name: crfin Wayne Title: Vice President Page I of I 25A-3