A04 SOW_Title Services.pdf

SCOPE OF WORK FOR TITLE SERVICES

Nicodemus National Historic Site (NICO) Tracts 101-03, 101-05, 101-09 and 101-10, Graham County, Kansas

Purpose: For the title company to provide title commitments, title insurance policy, title examinations, closing, escrow, preparation of documents, filing of documents in the appropriate county records, recording, and related services for tracts to be acquired by the United States of America (USA) by the National Park Service (NPS). The interest acquired in these properties will be easements.

Accounts: Active status appearing in a System for Award Management (SAM.gov) account set up by company required, before contract award by the government. SAM.gov account must be updated annually to maintain active status during contract period of performance. Invoice Processing Platform (IPP.gov) account must be set up by company for submission of invoices paid to company’s bank account in SAM.gov. Title Company must also have the ability to accept and make payments by electronic transfer of funds into and out of an escrow account for land purchases.

Specific Instructions pertaining to Tract (s) named above: See pages 3 and 4

Submittal Schedule: The title company will ensure the execution of work in accordance with the terms and conditions contained herein and the following submittal schedule:

Activity: Due Date:

Preliminary Title Commitment as soon as possible after the award package Title Company Invoice but no more than 60 days

Closing/Final Title Policy within 60 days of closing letter from NPS Title Company Invoice

If corrections are needed within 45 days of correction letter from NPS submit a new invoice

Each item above and a draft invoice must be submitted, reviewed and approved by Realty staff through Contracting Officer’s Representative via e-mail. After approval, final invoices may be submitted in IPP.gov.

Title Commitments:

If commitment contains an expiration date, it should be deleted or changed to a period of no less than 2 years to match the acquisition period typically required by the federal government. All commitments should name the United States of America as the proposed insured. PDF of title commitment and legible documents cited in Schedule “B” to be e-mailed for review and approval by Contracting Officer’s Representative (co-located with Realty Specialists), before invoicing.

Tax Exception(s):

The tax exception(s) in commitments should identify all taxing districts in which the land is situated and all other taxing authorities that have jurisdiction over the land for the levy of taxes;

showing lien dates for each, and amounts for all assessments that have not been paid on the date of the commitment. All tax parcel numbers are to be included in the commitment. Federal regulations require, at least in fee simple acquisitions, all taxes be paid or otherwise provided for by setting up an escrow through the date of closing. Lands of the United States are not subject to local taxes, therefore the title company should confirm that all taxes have been paid through closing. In the final title policy, the tax exception must be deleted or it must be stated that all taxes which might result in a lien against the subject land through the date of closing have been paid or sufficient funds have been escrowed for their payment.

Closing:

The NPS will submit a letter authorizing the closing and providing specific instructions.

A title commitment update must be completed immediately prior to closing. An escrow fund must be established for unpaid taxes. The closing agent must fill out the payment and closing sheet to include the agent’s and grantor’s signatures and signature dates. The sheet must indicate the amount of all real estate taxes for the year prior to closing, (if any) and whether or not the property was taxed for the 5 years immediately preceding the closing. The closing agent will fill out and file forms required by state and county laws or procedures, pay off any liens on the properties, review USA provided deeds necessary for transfer of property to USA and have documents properly executed and recorded in the county records.

(Specific instructions appear on pages 3 and 4 of this Scope of Work)

Title Insurance:

Title insurance requirements include research of public records, issuance of commitments, interim updates, and final policies, all in conformance with American Land Title Association (ALTA) U.S. Policy 09-28-91 - Revised 12-03-12. Title insurance policies not appearing on the specified ALTA form will be rejected. The final title policy must list the United States of America as the insured party.

Mailing Title Packages:

Send requested documents via U.S. Mail or overnight courier service to the following address:

National Park Service, Interior Regions 3, 4 & 5, Land Resources Division, 601 Riverfront Drive, Omaha NE 68102.

Filing and Express Mail Fees:

The title company will be required to advance funds to file documents and provide express mail services and will be reimbursed for this cost by including these charges in their final invoice.

Invoices:

For NPS reference, indicate the property’s four letter park acronym and tract number (ex. NICO 101-03) and contract number (ex. P106019P0029) on each invoice. Draft invoices must be e-mailed to the Contracting Officer’s Representative for review before submitting in IPP.gov.

Final invoice date must match the date the invoice is attached and submitted in IPP.gov. Upon submitting first accepted invoice, Title Company should contact IPP.gov Customer Support at

(866) 973-3131 or by e-mail at ippcustomersupport@fiscal.treasury.gov to assure proper attachment of PDF to avoid rejection of submission causing a delay in payment.

mailto:ippcustomersupport@fiscal.treasury.gov

Specific Instructions:

NICO Tract 101-03

A copy of an Easement Agreement recorded on June 11, 2015, in Graham County records is attached. It was later determined that since the grantor’s marital status was not stated in this document, an Affidavit of Marital Status needs to be executed and recorded. For this Tract, we need a Title Search and Commitment. Once we have this, we’ll need an Affidavit of Marital Status reviewed for legal sufficiency, then signed by the grantor’s daughter, executed and recorded. Next, we’ll require a Final Title Policy, with insurance of $100,000, listing the United States of America as the Name of Insured, the Estate is Easement and the Title to the Estate or Interest in the Land is Vested in the United States of America. A draft affidavit is also attached which will need to be reviewed by the title company. Government provided materials include:

Easement Agreement, Legal Description, Map and Affidavit.

Schedule A of the commitment, under Policy to be Issued, needs to state specifically: (ALTA) U.S. Policy 09-28-91 - Revised 12-03-12. Also, the Final Title Policy must be issued on the (ALTA) U.S. Policy 09-28-91 - Revised 12-03-12 format.

NICO Tract 101-05 – Church – Interest to be Acquired will be: Easement

For this tract a Title Search and Commitment is required along with all other requirements in this Statement of Work. Title Insurance should be in the amount of $100,000. This acquisition will be a donation. We will also require a commitment update, closing, recording of the deed and final title policy. Government provided materials include: Legal Description and Map.

Schedule A of the commitment, under Policy to be Issued, needs to state specifically: (ALTA)

NICO Tract 101-09 & 101-10 – Roads - Interest to be Acquired will be: Easement

For these tracts, a Title Search and Commitment is required along with all other requirements in this Statement of Work. Both tracts should be on one Commitment and Final Title Policy. Title search & commitment must determine ownership of streets, for the United States of America to obtain insurable interest. Title Insurance should be in the amount of $100,000. This acquisition will be a donation. We will also require a commitment update, closing, recording of the deed and final title policy. Government provided materials include: Legal Description and Map.

Schedule A of the commitment, under Policy to be Issued, needs to state specifically: (ALTA)

NOTE: For each tract, the legal description in the commitment and final title policy must match the legal description we provide exactly. If you find our legal description to be in error in any way, please contact Christopher Keck @ 402-661-1598 or Christopher_keck@nps.gov

Separate Prices are requested for each Tract with separate ownership (except Tracts 101-09 & 101-10 – these are considered as one): the price for the title commitment search must be back to patent. If you can’t go back to patent, please provide an explanation as to why a search that far back is not feasible. Also note to please provide separate prices for each tract as they have individual owners and will probably have separate closings for ones with individual owners.

More specifically, the pricing should include the following:

Title Commitment / Search

Each Title Update (interim) (may need as many as two (2) additional updates)

Title Update Immediately Prior to Closing

Final Title Insurance

GAP Insurance (if required)

Closing Fees for both buyer and seller (NPS pays both)

Deed Preparation / Review (NPS prepares the deed)

State Transfer Fee (if any)

Deed Filing and Recording Fees

Fee to Hold Escrow Funds for Taxes

Closing Protection Letter (if any, NPS pays for both)

Wire Fees

Fed-Ex or overnight delivery

Copying Fees

Any other fees you may have

How long this pricing is good for