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HomeMy WebLinkAboutContracts & Agreements_37-1973 CON RACT �. •r 1 THIS AGREEMENT entered into as of this 12th day of November 1973, h and between THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, State of California 21 hereinafter referred to as the "Local Public Agency", and FIRST AMERICAN TITIE ' j COMPANY OF SAN BERNARDIMO, a corporation organized and existing under the lass 3 of the State of C'rlifoinra, hereinafter referred to a Ili- "Contractor" 4 ; WITNESSITII 1HAT 5 , WHEREAS, the local Public Agency is undertal i• + eerrai i act vet lc` necessary for the planning or execution of a Project situated in the Project 6i Area described below, and 7 ! WHEREAS, the Local Public Agency desire to engage the Contracior lc render certain te-hnical advice and assistance in cone ction with such under 81 takings of the Loral Public Agency 9 1:0w, TIWRLFORE, the parties hereto do irrirelly agree as folio i } 10' 1 Scope of Services The Contractor shall perform all the neces- sary services provided under this Contract in connection with and respecting the 11 following Project Aiea See Exhibit "A" - attached hereto and made a part hip of as though fully incorporated and set out herein and shall do, perform and 12 carry out, aL the specific direction of the Agency in a satisfactory anJ prc• - manner , as determined by the Local Public Agency, the following 13 A Furnish Ownership Data Reports, which will include the folic. 3r. r 14 with respect to each parcel of project land • 15 I) The name of the apparent owner or owners as the name appears of record and the address of such owner or owners as shown by 16, the record of the assessed valuation referred to in subparagraph 4 of this paragraph 17 2) The legal description of the parcel as shown by the record 18 of thi conveyance or conveyances, or other instrument or in- struments, by which such owner or owners acquire title 191 3) Information with respect to the conveyance or conveyances , 201 or other instrument or instruments, by which such owner or owners acquired title based on the record of such conveyance 211 or conveyances, instrument or instruments, as follows 22' a The date thereof b The book and page of recordation, 23 c The name and (if shown on such record) the address of the grantor or grantors, 24. d The stated consideration, e The amount of U S Internal Revenue Stamps affixed 251 f The unpaid amount of any mortgages or encumbrances to which title was made subject, in such conveyance 261 or conveyances, instrument or instruments and on which U S Internal Revenue Stamps weir not 27 ! icc,uiicd and 1 g the amount of any State or local Lransfei tares based 281 on the amount of the consideration for the transfer I of title so far as determinable from the record of 29I such conveyance or conveyances, instrument or iinstru- menu 60 ; 4 Tie lii,ouimI of Lhe current asscssc d va Inar ion e ' land and 31 ' rmplcrveiiv riffs silted separ-3tcly 321 ( 1 ) B Issue Preliminary T€ ' le Reports, in duplicate, which reports trill contain among othe! things, the following information >t i I) Names of the owner or owners of each parcel 2) An insurable legal description of each parcel ] 3) InFormation relative to covenants, conditions, restrictions, reservations and encumbrances of 2 record 4) A plat of the subject property made from information 31 available to the Contractor 1 4 C. Issue Policies of Title Insurance, Litigation Guarantees and act as Escrow Holdei as follows 5 ; 1) Issue California Land Title Association Standard Coverage form 6 Policies of Title Insurance, naming as insured the Local Public Agency, the liability of each such Policy being the value of 7 the land and improvements as specified by the Local Public Agenc•, for parcels within the Project Area described in F4 ihit 81 "A" attached hereto, or the purchase price paid by the Local ! fuLlie Agency for said parcels within the Project Area des- 91 ciik 'd in said Exhibit "A", whichever 1s greater On an/ parcels within the Project Area, desrrih' d in Exhibit "A" 117)€ attached hereto, which are the subject of condemnation pro- ceedings by the Local Public Agency, as directed by the Local 111 Public Agency, the Contractor will issue a Litigation Guarantee ! in lieu of the Owners Policy of Title Insurance provided above 12 the liability of each such Guarantee to be the value of t'ie land and improvements as specified by the Local Public Agency 13 for such parcels 141 At the time Decrees of Condemnation are rendered by the Court as to such parcels, the Contractor will issue an Owner's 151 Policy of Title Insurance, as above provided, naming as insu-ed the Local Public Agency, provided, however, as directed by the 16, Local Public Agency, the liability of certain such Policies shall be the principal amount of the judgment paid by the local 171 Public Agency for such parcels 18 2) Act of Escrow Holder in transactions involving parcels within the Project Area as hereinabove defined wherein the Local 19 Public Agency is the Buyer and the Record Owners at the time of purchase by the Local Public Agency are the Sellers 20 To perform the usual services and duties of an Escrow Holder 21 including but not limited to the following 221 a Prepare Escrow Instructions and obtain signatures 231 of parties either by mail or in person b Order Preliminary Reports of Title brought to date, 241 and deliver them to the Local Public Agency 1 251 c Have Preliminary Reports of Title approved by the Local Public Agency 261 d Obtain demands, release and reconveyance documents 271 fiom holdeis of encumbrances and liens against the subject property 28 e. Prepare documents necessary to put the record title 29I to the subject property in the condition required by the escrow instructions 301 I f Obtain the Sellers' approval of demands 31 g Keep escrow balance sheets showing purchase price 32I and all charges and expenditures I t I I 2 ) I j I S I ' le- 1 h Clear checks of parties before closing the escrows 2 i When escrow instructions have been complied with, obtain from the Local Public Agenc, the necessary 31 funds to close the escrows 41 j Record the necessary documents to show record title to the subject property as required by the escrow 5l instructions, and obtain Policies of Title insurance 6I k Disburse funds in accordance with escrow instructions 7 ; DEFINITION OF "PARCEL" i8 The term "parcel" means any tract or contiguous tracts of land €n same ownership whether such tract or tracts consist of ene o€ more platted 91 lots oi Fractional parts thereof Easements and rights-of-way for utilities and similar interests which encumber project land but which are not appurenant 101 to any of such land are considered to be separate parcels 11 Data to be Furnished to Contractor 121 1) Under Section A Scope of Services Maps 13 2) Under Section B Scope of Services 14 a Copies of Maps and Surveys which the Local Public Agency r";v have in its possession 15 b Copies of evidence of title which the Local Public Agency -nay 16 have in its possession 17, 3) Under Section C Scope of Services 18 a Purchase Price 191 b Address of parties to the escrows 201 c Terms and full details of sales, and documents and funds necessary to close the escrows 21 The above will be provided by the Local Public Agency through the 221 mails or by personal delivery at their option when asked by the Contractor 23 2 Time of Performance The services of the Contractor are to commence upon November , 1973, and shall be undertaken and completed in 241 such sequence as to assure their expeditious completion in the light of the purposes of this Contract 25 3 Corpensation 26 A Owneiship Data Reports at S10 00 per parcel 271 B Preliminary Title Reports and/or Litigation Guarantees at 1/2 28 the fee (per parcel) hereinafter set out for policies The above set forth fees for Ownership Data Reports and/or Litigation Guarantees shall apply to the 29 Fees hereinafter set Forth for Policies of Title Insurance when said Policy is i issued 301 C Policies of Title Insurance at 757 of "Basic Schedule" (effecriee 311 April 5, 1971) with a minimum of $50 00 per parcel based on the purchase price 1 by the Redevelopment Agency of the City of Redland This fee will also 321 include the escrow fee, r e , policy will be issued and the escrow held For a ( 3 ) 1 fee equal to 75% of the "Basic Schedule" with a minimum of $50 00 per parcel 2 4 Method of Payment. 3 A Compensation will be paid monthly by the presentation of an 4 itemized statement, in duplicate, of work completed and delivered to the Agency. 5 B Escrow fees, Policy of Title Insurance Premiums and all other 6 title and escrow charges which the Local Public Agency is obligated to pay and are to be paid by the Local Public Agency within 15 days from the close 71 of each such escrow 8 9 IN WITNESS WHEREOF, the Local Public Agency and the Contractor have executed this Agreement as of the date first above written 10 11 12 REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, California (Local Public Agency) 13I / 14 By �i .J i J � � ' Ralph P, Merritt, Jr Acting Director 15i 161 17 181 FIRST AMERICAN TITLE COMPANY OF SAN BERNARDINO, ' California (Contractor) }} 19 20 By Edwar Young, Vice President 21 By 22 Vince Figgins, President 23 24! APPROVED AS TO FORM AND ADEQUACY 25 _•- � 26 By (C ? 61- of tft (7,"/ Edward F Taylor 27 28 z �� 29 \<„‘ 30 31 32 ( 4 ) EXH1P1T "A" 11 BLOCKS 3, 4, 5, 6, 7 and 8, REDLANDS TOWN PLAT, as per plat 21 recorded in Book 5 of maps, page 10, records of San Bernardino 31 County, State of California 4 5 6 7 ; 8 9 ` I 101 11i 12'>. 13 14 15 16I 17I 18 1.9 , 20, 21 22 23I 24; 25 26s 271 281 29 I 301 311 32I 11