FDOT-D4 Title Search&Examination Guidelines.pdf

DISTRICT 4

SURVEYING AND MAPPING

10/03/2023

FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 4

TITLE SEARCH AND EXAMINATION GUIDELINES

(Requirements subject to change)

PURPOSE:

The Vendor shall provide quality title search and examination services that conform to the accepted standards of care in the title industry in compliance with the Florida Statutes, Florida Bar, Real Property, Probate and Trust Law Section, Uniform Title Standards, Florida Department of Transportation Right of Way Land Title Manual, and the District’s Scope of Services described herein.

A full search and examination of the applicable Public Records MUST be performed by the Vendor for the purpose of discovering and disclosing the record title holder and all instruments related to the subject property which create or purport to create an interest in, a lien against, an encumbrance and/or potential encumbrance, clouds and defects for the subject property under the examination of title. The research shall include, but not be limited to those counties within the District’s jurisdiction (i.e., Broward, Palm Beach, Martin, St. Lucie and Indian River counties) and those counties adjoining the border of the District’s jurisdiction (i.e., Miami-Dade, Collier, Hendry, Okeechobee, Osceola and Brevard).

NOTE: When examples / lists are provided throughout this document said examples / lists shall include, but not be limited to those specifically provided in the content of this document. All standards, definitions, and formats outlined below are to be considered the minimum required for any particular item.

DEFINITIONS:

ARMS LENGTH TRANSACTION: A transaction in good faith in the ordinary course of business by parties with independent interests.

CHAIN OF TITLE: Successive conveyances or other forms of alienation affecting a particular parcel of land and are arranged consecutively.

CONTIGUOUS REAL PROPERTY: Contiguous real property exists where tracts of land touch or adjoin in a reasonably substantial physical sense. In close proximately; neighboring; adjoining; near in succession; in actual close contact; touching at a point or along a boundary; bounded or traversed by.

DISTRICT: Unless otherwise specified, wherever used herein the term “District” shall mean The Florida Department of Transportation District 4.

DISTRICT 4 ABSTRACTING SERVICES (D4ABS): The District’s proprietary electronic web-based title report database software.

EARLIEST PUBLIC RECORD SEARCH: The search shall include records beginning from the point at which the United States government grant transferred the property to the State of Florida to the present owner. The search also includes records of the earliest public record of the County in

(Requirements subject to change)

DEFINITIONS: (continued) EARLIEST PUBLIC RECORD SEARCH: I(continued) which the parcel of land (platted or unplatted) is, or was, located, and continuing through the date of certification of the Title Report. Deeds that would give rise to any roadway reservations (“Murphy Act Reservations”) in favor of the Trustees of the Internal Improvement Trust Fund (T.I.I.T.F.) or Everglades Drainage District (E.D.D.).

EASEMENT: A right of use over, under or through the property of another.

E.D.D.: Everglades Drainage District (E.D.D.) and any prior/similar name designation(s) for said entity, e.g., South Florida Water Management District (SFWMD) f/k/a Central and Southern Florida Flood Control District (CSFFCD).

ENCUMBRANCE: A claim, lien, charge, or liability attached to and binding real property, e.g. a mortgage, construction lien, judgment lien, lease, security interest, easement or right-of-way, accrued and unpaid taxes.

FEE (SIMPLE) TITLE: Fee title is the largest estate and most extensive interest that can be enjoyed in land.

FTA: File Transfer Appliance. A method of electronic delivery of files.

LETTER OF AUTHORIZATION (L.O.A.): A letter or work order issued by the District authorizing funds for a specific task in accordance with the terms of the contract and scope of services.

MAPS: Maps may be construed as any drawing/sketch that depicts the location of the subject property(s). This may include Right of Way Maps, Aerial Maps, Dolph’s Atlas pages, general sketches, Section Maps, etc.

MARKETABLE RECORD TITLE ACT, Chapter 712, Florida Statutes: Wherever used herein the term “M.R.T.A.” shall mean the Marketable Record Title Act. A minimum 30-year search made in accordance with M.R.T.A. as specified under Chapter 712, Florida Statutes which became effective July 1, 1965. Its purpose is to clear a record chain of title of adverse claims arising prior to the documentary evidence that has been of record for at least 30 years, except as to defects inherent in that root of title and exceptions under M.R.T.A. The search and examination MUST cover a sufficient period of time to include any T.I.I.T.F. or E.D.D. roadway reservations, as well as any other easement interest that may predate a M.R.T.A. search. Note: The Department requires careful and deliberate consideration of all the aspects of the Marketable Record Title Act (M.R.T.A.). Title researchers and examiners are required to review the chains of title according to M.R.T.A., keeping in mind that M.R.T.A. does NOT extinguish all interests, claims and conditions.

(Requirements subject to change)

DEFINITIONS: (continued)

MARKETABLE TITLE: Title which is free from reasonable doubt and will NOT expose the party who holds title to hazards of litigation.

NON-CONTIGUOUS REAL PROPERTY (separate chain of title): Non-contiguous tracts of real property, including real property designated as rights-of-way, under separate ownership are considered by the District to be separate parent tract parcels (separate reports are to be prepared).

OWNERSHIP REPORT: An Ownership Report reflects the current fee ownership of the subject real property and includes a property tax search, a name search, and the title history.

PARCELS / PARENT TRACT: One or more lots or pieces of land under one ownership in which a real property interest and/or right is to be acquired under any given Right of Way project. Said land may have been acquired in one or more conveyances that are abutting or contiguous, separate lots within a subdivision under a common ownership will ordinarily be considered one parcel.

PARCEL NUMBERS (assigned by the District): A parcel number assigned by the District for a specific area of acquisition, i.e., fee parcel, perpetual easement, temporary easement, and/or license.

PARENT TRACT PLOTTING MAPS: A map prepared by the Vendor delineating the parent tract boundary and labeled with the associated title report number.

pdf : (portable document format)

PROJECT MANAGER: District Title Examiner, Surveying and Mapping, Title and Document Services Section and/or staff member(s), manager(s) with overall responsibility and authority to oversee the contractual services being performed/provided by the Vendor for the District.

SUPPORTING DOCUMENTS: Any and all documents necessary to complete the report which are included in one or multiple categories depicted in the report.

T.I.I.T.F.: Trustees of the Internal Improvement Trust Fund and any prior/similar name designation(s) for said entity.

TITLE EXAMINATION: An investigation of the abstract of title made by or for a person(s)/entity(s) who intends to purchase real estate, to ascertain the history and present condition of the title to such land, and its status with reference to liens, encumbrances, clouds, etc. to determine if marketable title exists.

TITLE SEARCH AND EXAMINATION: A search and examination of the Public Records for the purpose of discovering and disclosing the record title holder and all instruments which create, or purport to create, an interest in, a lien against, or an encumbrance, potential encumbrance, cloud on title, (Requirements subject to change) and defects in the chain of title to the real property . The title search and examination shall begin from the Conveyance of the United States of America (earliest Public Records) and continue through to the date of certification by the Vendor.

DEFINITIONS: (continued)

TITLE SEARCH REPORT: A written report of the findings resulting from a title search and examination.

UPDATED TITLE REPORT: An interim report that sets forth all changes which have occurred in the record ownership that indicates any instruments affecting the subject parcel since the original search or most recent update.

VENDOR: Wherever used herein the term “Vendor” shall mean the Title Company or Firm hired to perform said title search, examination, and conveyance document preparation services.

VPN: Virtual Private Network.

STANDARDS:

The District reserves the right to change and/or modify the requirements for database, software, invoicing, title report format and/or delivery of transmittals.

ADDITIONAL DOCUMENTATION: The District may request additional copies, along with any research.

This request will be considered part of the original research by the Vendor and will be delivered in a timely manner at no additional cost to the District. If the additional documents and research requested is outside the original search, a Letter of Authorization will be issued for the additional search.

CERTIFICATIONS: The Vendor MUST NOT modify any certification without prior approval of the District.

Following is a list of the certifications based on the type of report:

OWNERSHIP REPORTS

RIGHT OF WAY REPORT

SPECIFIC PURPOSE REPORT

T.I.I.T.F. / E.D.D. REPORT

TITLE SEARCH REPORT (BASE)

UPDATED TITLE SEARCH

(Requirements subject to change)

STANDARDS: (continued)

OWNERSHIP REPORTS:

The undersigned hereby certifies that the foregoing Ownership Report reflects a comprehensive search and examination of the Public Records of ________ County, Florida, showing the present ownership of the herein described real property.

I further certify that a complete chain of title beginning from the earliest public record has been examined. Additionally, the results of a 20-year name search for every respective record title owner for said parcel are reflected in this report. This report is NOT to be construed as an opinion of title.

Report Certified as of _______________, 20___at _____P.M.

Report Dated: _______________, 20___at _____P.M.

Examiner’s signature (Typed name of Examiner & title)

RIGHT OF WAY REPORT:

The undersigned hereby certifies that the foregoing Right of Way Report reflects a comprehensive search and examination of the Public Records of ________ County, Florida, showing all types of interest in rights of way affecting the herein described real property.

I further certify that all road right of way dedications, reservations and releases are reflected herein. I further certify that the information reported herein was examined from the earliest public records through the certification date below. This report is NOT to be construed as an opinion of title.

Report Certified as of _______________, 20___at _____P.M.

Report Dated: _______________, 20___at _____P.M.

Examiner’s signature (Typed name of Examiner & title)

(Requirements subject to change)

STANDARDS: (continued)

CERTIFICATIONS: (continued)

SPECIFIC PURPOSE REPORT:

The undersigned hereby certifies that the foregoing Specific Purpose Report reflects a comprehensive search and examination of the Public Records of _________ County, Florida, showing all documentation regarding (type of instrument(s) &/or chain requested) affecting the herein described real property. This report is NOT to be construed as an opinion of title.

Report Certified as of _______________, 20___at _____P.M.

Report Dated: _______________, 20___at _____P.M.

Examiner’s signature (Typed name of Examiner & title)

T.I.I.T.F. / E.D.D. REPORT:

The undersigned hereby certifies that the foregoing T.I.I.T.F. and E.D.D. Reservation Report reflects a comprehensive search and examination of the Public Records of_________County, Florida, showing all documentation into or out of T.I.I.T.F. and E.D.D. on the herein described real property. This report is NOT to be construed as an opinion of title.

Report Certified as of _______________, 20___at _____P.M.

Report Dated: _______________, 20___at _____P.M.

Examiner’s signature (Typed name of Examiner & title)

(Requirements subject to change)

STANDARDS: (continued)

CERTIFICATIONS: (continued)

TITLE SEARCH REPORT (BASE):

The undersigned hereby certifies that the foregoing Title Search Report reflects a comprehensive search and examination of the Public Records of _________ County, Florida, showing the present ownership of the herein described real property, together with all interests affecting said real property.

I further certify that a complete chain of title beginning from the earliest public record has been examined. Additionally, the results of a 20-year name search for every respective record title owner for said parcel are reflected in this report. This report is NOT to be construed as an opinion of title.

Report Certified as of _______________, 20___at _____P.M.

Report Dated: _______________, 20___at _____P.M.

Examiner’s signature (Typed name of Examiner & title)

UPDATED TITLE SEARCH REPORT:

The undersigned hereby certifies that the foregoing Updated Title Search Report reflects a comprehensive search and examination of the Public Records of _________ County, Florida, showing the present ownership of the herein described real property, together with all interests affecting said real property. Said report is prepared for the sole purpose of updating the Title Search Report referred to as Report No. (insert prior report number and name of title company)

I further certify that a complete chain of title for the time period referenced below has been examined. Additionally, the results of a 20-year name search for every respective record title owner for said parcel are reflected in this report. This report is NOT to be construed as an opinion of title.

Previous certification dated _____________, 20____ at ______P.M.

Report Certified as of _______________, 20___at _____P.M.

(Requirements subject to change)

Report Dated: _______________, 20___at _____P.M.

Examiner’s signature (Typed name of Examiner & title)

STANDARDS: (continued)

CHAIN OF TITLE: A complete chain of title must be examined beginning from the earliest public record in order to determine ownership, accurate legal descriptions, gaps, contiguity of chain, clouds, defects, and any other interests.

A minimum of five (5) arms length transactions must be shown for each chain of title. Each chain must begin with a Warranty Deed. The Vendor is responsible for representing the title history in a manner which can be easily followed. Each chain of title must be identified by a unique designation, e.g., Chain 1, Chain 2.

Although not every document is reflected in the report, all documents from earliest public record must be delivered to the District.

CONDOMINIUM: If a condominium is encountered within the limits of a project, the Vendor shall:

Immediately notify the District that a condominium lies within the project limits. The District’s Project Manager will determine the necessity of a Title Search Report on the common area of the condominium. If it is determined by the District that a Title Search Report is necessary for the common area then the District’s Project Manager will grant written approval to the Vendor to prepare the report.

If it is determined by the District that a report is to be prepared for the common area the Vendor MUST include within the report a copy of the Declaration of Condominium, amendments, the Articles of Condominium, By-Laws, condominium plat, documentation filed with the secretary of state, and any additional information pertinent to the report. Additionally the following note MUST be included in the report: "No Search Made as to Individual Units".

NO Title Search Reports on individual units within the condominium are to be prepared unless specifically requested by the District’s Project Manager in writing.

CONTIGUOUS REAL PROPERTY: Tracts of real property, including real property designated as rights-of-way, under the same ownership which have been acquired through one or more conveyance document(s), but which are contiguous, are considered by the District to be one (1) parent tract parcel. One Title Search Report will be prepared for contiguous properties regardless of whether or not it lies outside the requested area. The Vendor MUST notify the District when a contiguous real property is discovered.

CORPORATE NAMES: All corporations MUST be researched. Name changes, mergers, corporate statuses, general partnerships, joint ventures, etc. MUST be reported. In the event that a

(Requirements subject to change) corporation is NOT incorporated within the state of Florida the Vendor MUST go to the appropriate State Division of Corporations to obtain the information. Any other documentation needed to support the status of the corporation MUST also be reflected in the report. Note:

STANDARDS: (continued)

This information should be searched for the current title holder if a corporation and for the mortgage lender if a non-intuitional lender.

DISTRICT 4 ABSTRACTING SERVICES (D4ABS)`: The District has designed the electronic web-based title report database software known as District 4 Abstracting Services, “D4ABS” which the Vendor will be given access to along with instructions on how to input and utilize the database and certified reports. The District requires that all Vendors have the technological capability to process information and reports through said D4ABS. The District’s staff will provide instruction, user guide and be available to provide instruction and troubleshooting for the Vendor as necessary.

The Vendor MUST prepare the certified Title Reports in the format and style contained in the District’s D4ABS electronic software. All reports MUST be generated through D4ABS. The format is dictated by D4ABS and in general all areas of the report MUST contain an entry. Any deviation from the standardized form MUST be approved by the District Title Examiner. The categories to be completed are included within the D4ABS report and database. Each document has a separate entry field in the database.

DEADLINES: Deadlines shall be established by the District’s project manager.

DEFECT(S) IN TITLE: Any and all defects in title including but not limited to defective deeds, clouds, strangers on title, wild deeds, etc. will need to be shown in the Encumbrance category as well as any other appropriate category. A note as to the defect MUST be shown on the report.

DELIVERABLES: All reports, correspondence, and invoices MUST reflect as applicable the District's Work Order number, applicable County, F.M./Item Segment number, Project/Section number, State Road number, and local road name. Appropriate Report Certifications as applicable.

The District requires that the Vendor provide services via various forms of communication, i.e., electronic or CD, written, and verbal information. The appropriate delivery method will be determined by the District.

F.T.A.: The District may require the Vendor to upload all title information onto an F.T.A. internet server site for downloading by either other contracted Vendors and/or the District. Instructions, user I. D. and passwords will be provided by the District as applicable.

The District may require that the Vendor have the technological capability to access the District’s network via VPN. A monthly fee could be associated with this type of access.

(Requirements subject to change)

STANDARDS: (continued)

DOCUMENTS IN MULTIPLE CATEGORIES: Some documents may need to be depicted in multiple categories within the additional supporting document(s) page(s) depending on the rights created within the document, e.g., a document may need to be in all of the following categories “Encumbrances”, “Right of Way Docs”, and “T.I.I.T.F. /E.D.D. & Releases”.

A particular document(s) may need to be depicted in multiple categories depending on the interest in the property that is being created/conveyed in the document, e.g., a Warranty Deed may convey the property in the chain of title and also reserve an easement - - this document should be shown in “Title History” as well as Encumbrances.

DOCUMENT PREPARATION: The Vendor MUST be able to provide the District with closing documents upon request, e.g., including but not limited to deeds, satisfactions, and subordinations. The District will provide the Vendor with title reports and associated documents, right of way maps, legal description of the FDOT parcel(s) to be acquired, and template(s) of the document(s) to be prepared. The Vendor must use the title report together with the associated documents and right of way maps in order to properly address each interest that impacts the FDOT parcel(s).

DOCUMENTARY STAMPS: State and/or Federal documentary stamps (where applicable) shall be shown on all reports for all conveyances listed in the search.

ENCUMBRANCES: The Vendor is responsible for identifying any and all applicable documents which create or purport to create an interest in, a lien against, an encumbrance and/or potential encumbrance, clouds and defects for the subject property under the examination of title. Any outstanding clouds and title issues MUST be reported and noted accordingly. The District does recognize that although not all documents are applicable to a specific report the Vendor is responsible for providing the documents to identify certain matters of title. If there are any defects, clouds or deficiencies, the Vendor is responsible for identifying said issues and must be shown in the Encumbrance category as well as the other applicable category, e.g., Title History or Acquired By categories.

The following are examples of the types of encumbrances/interests to be reported:

Canal Right of Way Maps: All recorded governmental agency canal right-of-way maps, including the Florida Department of Transportation, found in the Public Records or Miscellaneous Map Books, etc.

Bankruptcies: Bankruptcy proceedings.

Civil Actions: Any applicable civil actions, including but not limited to: quiet title, divorce decrees, marital settlement agreements, lis pendens, final judgments, and eminent domain, and any order of the court that may affect title.

(Requirements subject to change)

STANDARDS: (continued)

ENCUMBRANCES: (continued)

Oil, Gas and Mineral Rights: All leases, deeds and/or royalty transfers which include any surface rights.

Leases, Assignment of Leases, Termination of Leases, and other associated documents.

Mortgages assignments, modification, UCC, spreader agreements or any other document associated to the mortgage. The amount of the mortgage MUST be depicted.

Lis Pendens, amendments, and any other associated documents.

Final judgment of foreclosure action, amendments, and any other associated documents.

Liens and Judgments - All unsatisfied liens and judgments attaching to real property must be shown, including but not limited to:

Construction Liens including claim of lien or contest of lien.

Code Enforcement and Municipality Liens: County or municipal liens regardless of whether or NOT they are “certified”, and any other document suggesting any fines, liens, or violations of any kind. An affidavit of compliance is NOT to be treated as a satisfaction or release/termination of such lien.

Certified Judgments NOTE: Uncertified judgments less than 3 years old must be reported and identified as “uncertified” on the report.

Attorney’s fees Charging Liens

Certificate of Delinquency and Support Orders/Child Support

Condominium Association Liens

Florida Division of Alcoholic beverages and tobacco liens

Homeowner’s Association Lien

Improvement Liens such as water, sewer, gas, lot clearing, and any other improvement liens affecting the subject property.

(Requirements subject to change)

Juvenile Court Order for Attorneys Fees

STANDARDS: (continued)

ENCUMBRANCES: (continued)

Judgment in favor of United States of America

Liens for Roads, sidewalks and lighting

Public Defender Lien

Restitution Order Lien

RICO Lien

Liens and Judgments: (continued)

State and Federal tax liens and tax warrants

Universal Commercial Code (“UCC”) Financing Statements and Liens affecting leasehold property and personal property interests that are treated as real property interests.

Welfare Lien

Easements: A complete and legible copy of all recorded easements MUST be shown within the Title Report. The Vendor MUST carefully review all documents to discover any and all easements created within other instruments including contiguous real property, as well as reporting individual easement documents.

Maintenance Maps, miscellaneous maps, canal maps, road plats, government land plat/maps.

Name Search / Encumbrances: Each title search shall include a copy of all outstanding certified judgments and liens on every record owner of the subject property for their respective period of ownership within 20 years preceding the certification date of the search. This will include judgments and liens against said owners which predate them taking title.

NOTE: Uncertified judgments less than 3 years old must be reported and identified as “uncertified” on the report.

NOTE: The Vendor MUST perform name searches on all derivatives, variations and nick names when applicable.

(Requirements subject to change)

The following documents are to be reported in this category including but are not limited to:

STANDARDS: (continued)

ENCUMBRANCES: (continued)

Bankruptcies

Certificates of death - Note: The Vendor must search the maiden name as shown on the death certificate for the surviving spouse.

Corporate and/or bank mergers

Divorces/Settlement Agreements - Note: The Vendor must search any maiden name as shown on the divorce proceedings.

Name Search / Encumbrances: (continued)

Judgments and liens

NOTE: When “Trustee” or “as Trustee” is added to the name of the grantor or grantee and does NOT identify specific beneficiaries or a specific trust, judgments against the Trustee MUST be shown. See Florida Statue 689.07.

Plats: The names and recording data of any recorded plat affecting the subject property including condominium plats. Reversionary interests MUST be reported.

Possessory Interest MUST be reported.

Ordinances: All ordinances which affect the subject property.

Reversionary Interests: Any and all reversionary interests which affect the subject property.

Resolutions: All resolutions which address the subject property, including vacations / abandonment of rights of way, liens, etc.

Taxes: A Real Estate Tax Search MUST be performed on all real property covered within all Reports. The following items MUST be depicted in the tax information:

Tax identification (folio) number, status of the current tax year, delinquent taxes, amount of taxes paid or unpaid and status of any exemptions, name and address of tax payer.

(Requirements subject to change)

Tax deed: If there is any indication of a tax deed application or sale the Vendor MUST note such in the report.

STANDARDS: (continued)

ENCUMBRANCES: (continued) Taxes: (continued)

Tax sales certificates: year, amount, certificate number, all parties holding the tax sales certificates MUST be provided, along with their address if available.

The “document” attached to the database for this information MUST be compiled into one attachment which is comprised of the following color pdf’s saved from on-line sources:

Property Appraiser’s information page(s) or property card.

Property Appraiser’s Map image depicting the location and boundaries of the subject property. Note: The aerial layer MUST be turned on with street names depicted.

Tax Collector/Revenue Collector’s results page(s).

Tax Collector/Revenue Collector’s latest bill page(s).

Tax Collector/Revenue Collector’s full bill history page(s).

Other information as applicable to any outstanding taxes.

Trustees of the Internal Improvement Trust Fund Reservations (Murphy Act) and Everglades Drainage District reservations. The following MUST be shown:

Releases

Partial releases

Deed number

Type of reservation(s) MUST be identified

(Requirements subject to change)

STANDARDS: (continued)

FINANCIAL INSTUTION INFORMATION: FDIC (Federal Deposit Insurance Commission), NIC (National Information Center), and NCUA (National Credit Union Administration) information must be reported in the Corporate Status category for all institutional lenders and title holders.

FIDUCIARY DOCUMENTATION: Any document creating or affecting a fiduciary relationship, such as guardianships or trusts.

INFORMATION PROVIDED TO THE VENDOR: Upon request for services the District will supply the Vendor with the following:

Letter of Instruction and work Estimate

Letter of Authorization

Marked map/drawing indicating either the requested specific parcel(s) or project limits if applicable

Unmarked maps for the Vendor to prepare as ‘parent tract plotting maps’ as applicable, and

Any other information that the District finds may assist the Vendor in locating the subject property.

The Letter of Instruction and work estimate is only an estimate of the number of properties to be examined. It is the District’s intention to hold the Vendor fully responsible to verify the property count against what the District has provided. Any differences in property count MUST be brought to the attention of the District.

INVOICING: Upon acceptance of the work products the District will authorize the Vendor to invoice in accordance with Exhibit “B” Method of Compensation as identified in the Agreement. The Vendor MUST submit in triplicate the invoice (District approved format) together with the executed Letter of Instruction and Work Estimate and Letter of Authorization. In the event that the work performed is less than the authorized amount then the Vendor is to invoice for the actual work completed and not the amount actually authorized. The amount invoiced is not to exceed the amount authorized without prior written approval from the District. The District will review each work order within ten (10) working days of receipt and notify the Vendor of any preliminary corrections required. Payment will NOT be made until the initial review is completed and any preliminary corrections made. In the event that the District does NOT complete its initial review within the ten (10) working days review period, payment will be made; however, payment being made will NOT relieve the Contractor from making necessary corrections required to bring the report into compliance with the requirement of this scope of services.

Due to the unique nature of the use of the Title Search Reports, all corrections may NOT be identified at one time. Corrections required to bring the title search report into compliance with the scope of services may be requested anytime during the term of this contract.

(Requirements subject to change)

STANDARDS: (continued)

INVOICING ADDITIONAL DISTINCT AND INDEPENDENT CHAINS OF TITLE: In the event that there are additional chains of title to be researched that will require additional billing, then the Vendor MUST request approval in writing prior to the due date for the subject title search.

Upon approval by the District for the billing of additional chains, the District will provide the Vendor with a Letter of Authorization Addendum. Note: The Vendor must provide the District with a detailed justification as to the additional billing request.

LACK OF MARTIAL STATUS: If the grantor on a conveyance document fails to contain the marital status the report must be noted accordingly.

LEGAL DESCRIPTION / CERTIFIED LEGAL DESCRIPTION: All reports MUST depict a complete accurate and up-to-date legal description of the subject “parent tract” including the Section, Township, and Range, subdivisions and condominiums, etc. The Vendor MUST “certify” as the current “parent tract” including any less-outs and/or additions. The legal description on the last acquisition document(s) may NOT always describe the property as it is presently held.

Documentation MUST be shown to support any variation of the legal description in the last acquisition document(s) from the “certified legal description”. The following rights that may have created the variation in the legal description, the list includes but not limited to:

Sell-off parcels from the last acquisition document.

Additional acquisition parcels.

Right of way conveyances.

Vacation/abandonment of adjacent street and/or alley.

LEGIBLE COPIES/SCANNED DOCUMENTS: Each Report MUST include complete and legible copies of all instruments which are reflected on the Report. The Vendor MUST make every effort to use all resources available to provide legible copies. If the copy that lies within the official records is illegible then you MUST depict the following note on the report “best available copy”.

If legible copies cannot be obtained, the Vendor MUST have the information typed on a separate sheet and attach said type written information to the illegible instrument and included both in the report.

If the recording data on the document is not legible the Vendor MUST provide the information on the face of the document.

The scanned documents must be of good quality with proper rotation and size.

(Requirements subject to change)

STANDARDS: (continued)

MARKED MAPS: The District will furnish the Vendor with an electronic version of the maps marked to show the limits of the project or specific parcel request. The marked maps will specifically identify the parcel(s) to be searched. This map is to be used to fully identify the limits of the project, in the event that the Vendor is aware of any gaps in contiguity of the properties, e.g., streets, alleys, hiatus, etc. the Vendor MUST notify the District.

MARKETABLE TITLE: The District requires marketable title. All reports prepared by the Vendor MUST reflect ALL encumbrances, interests, clouds and defects so remedies may be taken to ensure the District can acquire marketable title. Additionally, all interests including those of the Florida Department of Transportation MUST be reported. Review and examination MUST consider that M.R.T.A. does NOT extinguish all interests, claims, or conditions. All information MUST be reviewed to consider the aspects of M.R.T.A. However, all information MUST be researched and examined beginning from earliest possible record. Any defects in the title are to be reported so the issues can be addressed by the District. The Vendor MUST exercise caution should be used when relying on M.R.T.A.

METRIC REQUIREMENTS: Should the District ever require that the projects be completed in metric units or should work ever need to be completed on projects previously completed in metric units the Vendor is responsible for the proper conversion of English units of measure to metric units of measure or vice versa in order to run out legal descriptions of recorded documents and/or parcel boundaries on the District's Right of Way Maps.

NON-CONTIGUOUS REAL PROPERTY (same chain of title):

For the purposes of reporting, non-contiguous tracts of real property, including real property designated as rights-of-way, under the same ownership are considered by the District to be separate parcels and each independent legal description must have its own report.

For the purposes of invoicing, non-contiguous tracts of real property under the same ownership originating from the same chain of title, including real property designated as rights-of-way, are considered by the District to be one (1) parent tract parcel.

NON-HOMESTEAD LANGUAGE: If a conveyance document contains the non-homestead language for the grantor it must be noted in the report.

NOTATIONS: Special notations may be necessary to clarify issues regarding a supporting document, e.g., see the following list:

FOR INFORMATION ONLY NOTE: If any documents are shown within the report that indicate any evidence or facts that need to be supported, but are not necessarily applicable to the report itself the following note should be shown: “shown for information only” along with the reason for showing said document.

(Requirements subject to change)

STANDARDS: (continued)

LEGAL DESCRIPTION NOTATION: If a document contains a legal description(s) with multiple pages and/or portions, then the report MUST indicate the applicable portion(s) and/or page(s) which pertain to the subject property. For example: If a document is recorded in O.R.B. 123, Page 245 and the legal description occurs on page 256 of the document then you should note “legal on page 256” along with an indicator (an arrow with the word “subject”) on the pdf scan itself of the exact location of the legal description for the subject property.

NON-MARITAL STATUS LANGUAGE: If there is no marital status indicated on a conveyance document for the grantor then a note must be depicted on the report.

TITLE EXAMINER'S NOTES: The Vendor MUST include in each report, any comments concerning personal knowledge of local matters, any documentation needed to clear title which is NOT of record and which may affect the title to the real property under research, and any other matters which need to be brought to the attention of the District. If there is a change in the certified legal and/or a change in the title holder the following note(s) MUST be shown:

“ * Change in Parent Tract” and/or “ *Change in Title Holder”. If a change is applicable then the asterisk(s) must be depicted proceeding/next to the original item/category.

PARENT TRACT PLOTTING MAP: The parent tract plotting map usually will be a section map supplied by the District on which the Vendor outlines each parcel in a different color and identifies the parcel with the unique report number. This map will provide a cross-reference of the parcel location/boundary to the report number. It is extremely important that the Vendor mark this map accurately. In the event that the Vendor is aware of any gaps in contiguity of the properties, e.g., streets, alleys, hiatus, etc. the Vendor MUST notify the District.

PARTIES: All reports and or products MUST cite all parties involved in every instrument reported, date of instrument, filing date, book and page of the instrument, all instruments referenced by another, and all pertinent remarks which help in deciphering the purpose of the instrument. For example: If there is a document in which the court is conveying property and/or interest then the court will be shown as “Party 1”. If a document does NOT specify a specific entity that the document is in favor of then the “Public” will be shown as “Party 2”.

PLATS: When a plat is encountered relative to the subject parent tract(s):

All plats relative to a particular parent tract MUST be included in the report, e.g., the current plat, any underlying plats, and any plats referenced within documents for the subject property.

Plats may need to be depicted in multiple categories on the report depending on the interest being created in the subject property, e.g., Encumbrances and Right of Way.

(Requirements subject to change)

STANDARDS: (continued)

PROBATE ESTATES:

NOTE: In the event that a title holder is deceased and the subject property does not pass outside of the probate and there are no probate proceedings, then you MUST contact the District.

Probate proceedings MUST be reported including but not limited to:

Case Number

The will and any codicils

Certificate of Death

Petition for Administration Name of all heirs as set forth in the petition. The name of Personal Representative.

Whether or not the Personal Representative is permitted to convey without bond.

Letters of Administration Name of all heirs as set forth.

Inventory if subject property is included

Notice to creditors and proof of publication

Any outstanding claims by creditors

Receipt for Federal and State estate taxes or non-taxable certificate

Any Order of distribution of the subject property

Order of Discharge

Summary Administration

Executor or Administrator or Personal Representative of Estate (Note if they have full power of sale; if estate is closed, furnish information from Order of Distribution)

Name of all heirs as set forth in the petition

Life Estates MUST be reported

Whether or not estate is closed.

(Requirements subject to change)

STANDARDS: (continued)

PUBLIC RIGHTS OF WAY: (on or adjacent to the subject parcel) - Before preparing title searches for parcels owned by the Florida Department of Transportation, please verify the necessity with the Project Manager. The Title Report should be prepared to cover public rights-of-way unless otherwise specifically directed in writing by the District.

QUALITY ASSURANCE REVIEWS (VENDOR RESPONSIBILITIES): Quality Assurance Reviews MUST be performed by the Vendor on all work performed prior to submitting to the District. Any work submitted that has not been quality reviewed will be rejected and not approved for invoicing.

The Quality Assurance Review shall include, but not be limited to the following: verify contiguity of chain of title, verify correct title holder, review of all documents for accuracy and applicability, review the scanned documents (e.g., legibility, appropriate rotation, naming convention, correct database hyperlink, appropriate category designation, indexing of the report, all supporting/referenced documents, and parent tract plotting maps, necessary reference/examiner’s notes in applicable, etc.).

The Vendor must submit the work products to the District for review. Upon receipt of the District’s review comments, the Vendor must itemize all corrections made to the report as a result of the District’s comments. The Vendor must perform a Quality Assurance Review on all corrections. The corrections to any work products must returned within five (5) working days of receipt.

QUALITY ASSURANCE REVIEWS (DISTRICT RESPONSIBILITIES): Upon receipt of the project/work order delivery the District will review and transmit any comments to the Vendor within ten (10) working days. Any corrections needed as a result of the District’s comments will need to be resubmitted to the District within five (5) working days. Upon acceptance of the work order the District will authorize the Vendor to submit any invoice(s) related to the work order. The District’s Quality Assurance Review does NOT alleviate the Vendor’s liability or responsibility for the Vendor’s work product.

REFERENCE DOCUMENTS: When an instrument shown within the report refers to another instrument, (e.g., (including but not limited to a deed referencing a mortgage), a copy of the referenced instrument or the satisfaction, release or termination of said referenced document MUST be included within the report. If said referenced instrument has expired according to Florida Statutes, the Vendor MUST make a note on the report that the instrument has been satisfied through conditions set forth in the Florida Statutes. The appropriate Florida Statute, i.e., Florida Statute 95.281 (1)(a), MUST also be cited. If a referenced document is NOT applicable it MUST be noted accordingly.

(Requirements subject to change)

STANDARDS: (continued)

REPORT NUMBER: The Vendor will be assigned a “unique” Work Order Number for every request. The Vendor MUST use the assigned Work Order number as the unique report number plus a unique 3 digit numerical extension. (eg. Work Order No. is 03-001, then the report numbers will be 03- 001-001, 03-001-002, etc.).

RIGHT OF WAY: Any right of way, public or private, which lies adjacent to the subject property MUST be reported.

SEPARATE TITLE REPORTS: The District requires that separate reports be made for each of the following:

A separate report MUST be prepared for each parent tract.

If a parent tract held by the same ownership is separated by a Right of Way corridor held in public/governmental ownership separate reports would need to be created for each portion separated by the Right of Way corridor unless instructed otherwise by the District.

Plat dedications: The Vendor is responsible for reviewing all Plats within project limits to determine fee ownership of dedicated areas such as rights-of-way, streets, alleys, etc. A separate report MUST be created for the underlying fee ownership interests for areas (dedicated by plat) adjoining the subject parcels or as identified by the District.

For a State Road project: If title to the Right of Way adjacent to the subject property or within the subject corridor is NOT held by the Florida Department of Transportation then a separate report is required for each parcel not owned by the Florida Department of Transportation. This information must be reported exactly the same as a Parent tract held by private ownership.

For a County Road project: If title to the Right of Way adjacent to the subject property or within the subject corridor is not held by the applicable county then a separate report is required for each parcel not owned by the applicable county. This information must be reported exactly the same as a Parent tract held by private ownership.

For a City Road project: If title to the Right of Way adjacent to the subject property or within the subject corridor is not held by the applicable city then a separate report is required for each parcel not owned by the applicable city. This information must be reported exactly the same as a Parent tract held by private ownership.

Public Rights of Way (on or adjacent to the subject parcel): Before preparing title searches for parcels owned by the Florida Department of Transportation, please verify the necessity with the Project Manager. The Title Report should be prepared to cover public rights-of-way unless otherwise specifically directed in writing by the District.

(Requirements subject to change)

STANDARDS: (continued)

TAX ID NO. / PROPERTY INFORMATION: Real estate tax research MUST be performed for all property comprising the “certified legal description”. The Vendor MUST make every attempt to verify the accuracy of the tax information, e.g., on-line search, electronic communication, and phone calls.

The District requires that the Vendor contact each county when necessary to verify tax information. The Vendor must contact the Palm Beach County Tax Collector’s office for tax payment verification.

TITLE HOLDER/OWNERSHIP DETERMINATION: A search and examination of the Public Records for the purpose of discovering the record title holder of the subject property. It is the responsibility of the Vendor to determine how fee title is held, and to show all documentation.

The “present/current ownership” is NOT necessarily the last conveyance document of record, but fee simple ownership which is achieved through the research and examination of chains of title, along with probates, guardianships, certificates of death, corporate mergers, successor trustees, etc. It is the responsibility of the Vendor to determine how fee simple title is held and to show all documentation to support the ownership, including Court proceedings if necessary.

The District requires that the certified product prepared by the Vendor be researched beginning from the earliest public record.

INSANITY PROCEEDINGS: When reporting insanity proceedings concerning a present record owner, the date of commitment and name of the appointed Guardian are required, together with a statement concerning whether disabilities have been removed.

INCOMPETENCIES: The date of commitment and name of the appointed Guardian are required, together with a statement concerning whether disabilities have been removed.

DIVORCES/ DISSOLUTION OF MARRIAGE: When reporting divorces between record owners, any settlement concerning real property shall be reported in detail. All divorce proceedings MUST be reported in full. These are to include the following, but not be limited to: Final Judgment, Property Settlement Agreement, Any order of the court which may affect title to the parcel.

GUARDIANSHIPS: When title to real property is vested in a minor or incompetent, the report shall show the name of the appointed Guardian or a statement that no such appointment has been made. Example:

(Name of Guardian) ____________________ , appointed Guardian of the Estate of (Indicate if a minor or an incompetent person)

(Requirements subject to change)

STANDARDS: (continued)

TITLE HISTORY: Title History (Base Title Report): The title history MUST be examined from the earliest public record; however, the District requires that the Vendor report a minimum of the last five

(5) arms length conveyances per chain of title. The chain of title MUST NOT begin with a Quit Claim Deed. Each chain shown within the report MUST be uniquely identified. Note: The Vendor MUST maintain copies/files of the examination of the full chain of title.

Title History (Updated Title Report): The Vendor is required to identify the current owner and NOT just rely on the prior report, even if the current owner has acquired title prior to the time period to be updated. In the event that there is an ownership change the vesting document(s) MUST be shown in the “Acquired By” category and any other conveyances will be shown in the “Title History” category.

TYPES OF REPORTS AND ADDITIONAL PRODUCTS/SERVICES:

Following is a list of the types of reports and additional products/services:

OWNERSHIP REPORT

RIGHT-OF-WAY REPORT

SPECIFIC PURPOSE REPORT

T.I.I.T.F. AND E.D.D. RESERVATION REPORT

TITLE REPORTS

UPDATED TITLE REPORT

ADDITIONAL PRODUCT/SERVICES

OWNERSHIP REPORT: The ownership report MUST begin from the earliest public record and will accurately describe the property, true extent of ownership, a property tax search, a name search(s), and a title history (deed chain).

RIGHT OF WAY REPORT: A report beginning from the earliest public record for the purpose of discovering all types of interest in rights-of-way.

SPECIFIC PURPOSE REPORT: A report reflecting specific research on varying types of documents or interests affecting the subject property.

T.I.I.T.F. AND/OR E.D.D. RESERVATION REPORT:A report reflecting all T.I.I.T.F. and/or E.D.D.

documents. All Releases and/or Quit Claim Deeds, and any other type of instrument involving T.I.I.T.F. and/or E.D.D. on the subject property. The Vendor is NOT required to determine the validity of each instrument.