SOW for RFP for Title.Escrow Contract MCAS Yuma.pdf

EXHIBIT “A”

FACILITIES ENGINEERING COMMAND SOUTHWEST

SCOPE OF WORK FOR CONTRACT N6247324RP00102

TITLE AND ESCROW SERVICES FOR THE

BRADSHAW TRAIL LAND ACQUISITIONS, CALIFORNIA AND

GENERAL MARINE CORPS REAL ESTATE PROGRAM

IN CALIFORNIA AND ARIZONA

PART A. STATEMENT OF SERVICES

I. OBJECTIVE

The objective of this Scope of Work (SOW) is to deliver Title and Escrow Services, including but not limited to preliminary, updated, and final work for title searches, Title Commitments, Abstracts of Title, title policies, and closing services for properties being acquired, regardless of method, within the States of California and Arizona.

This includes efforts required to complete all elements of work (Tasks) including but not limited to all field investigation and research, document submittals, meetings, closings, and other tasks.

The products and services delivered shall be complete and usable within the context of this SOW.

The duration of this contract shall be five (5) years from contract award, unless terminated sooner.

The contract may be extended at the sole option of the Government for three (3) additional five (5) year option terms for a total period of performance of 20 years.

II. BACKGROUND

The Bradshaw Trail Acquisition Project consists of approximately 22 parcels, total approximately 424 acres in support of Marine Corps Air Station, Yuma along the edge of the Chocolate Mountains. This area is a United States Marine Corps’ aviation training range, supporting aviation, ground and live-fire training. The National Defense Authorization Act requires the Marine Corps possess all properties south of this trail. These lands, and patented and unpatented mining claims will be acquired through negotiation or condemnation within the course of five (5) to 20 years as specified in the period of performance.

The general Marine Corps real estate program conducts and manages various real estate projects for all Marine Corps installations within the states of California and Arizona. These installations include but are not limited to the Marine Corps Recruit Depot San Diego, Marine Corps Air Station Miramar, Marine Corps Base Camp Pendleton, Marine Corps Logistics Base Barstow, Marine Corps Air Ground Combat Center (MCAGCC) Twentynine Palms, and Marine Corps Air Station Yuma. Past projects in which title and escrow services were utilized includes the MCAGCC Twentynine Palms expansion and acquisition of approximately 160,000 acres from over 80 landowners, Readiness and Environmental Protection Integration (REPI) easements and management plans for approximately 6,000 acres. There will always be a need for title and escrow services to support the Marine Corps’ mission sustainability, mitigate encroachment threats, protect habitats for threatened and endangered species, and more.

III. SCOPE OF WORK

TASK 1 – TITLE SERVICES:

The Title Officer and their staff will perform a variety of title services and provide support and consultation to the NAVFAC SW RECO in, but not limited to, researching complex title issues, providing a Title Commitment or Abstract of Title allowing for property acquisition, and eminent domain actions.

Title searches will be required for a combination of fee simple estates and severed estates. Severed estates have separate and distinct property owners for the surface and subsurface estates (mineral, water, oil, etc.). Severed estates having separate and distinct property owners for the surface and subsurface estates shall be identified, but need not be examined beyond the severing instrument.

All title and escrow services described in this SOW shall apply to all types of estates, including, but not limited to, fee simple, surface, subsurface, and patented and unpatented mining claims.

The title insurance company and its issuing agents must be familiar with the preparation of such evidence in the jurisdiction in which the lands are located, and have no interest in the lands to be acquired, and be unrelated to any property owners or vendors. The Title Officer is responsible for having up-to-date knowledge of the requirements of State laws on title searches, closing real estate transactions, title clearance, and all requirements under and in compliance with The Department of Justice (DOJ) Title Standards dated 20 December 2016 and all future amendments. The title insurance company and its issuing agents must be qualified and authorized by law to furnish Commitment for Title Insurance, abstracts, and insurance policies, in the state where the property is located.

The title search shall be for a period of not less than eighty (80) years prior to the effective date of the search for the title company to insure the title without objectionable exceptions, and will determine all property owners of record, outstanding tax claims, easements, rights-of-way, subsurface interests that have been severed, and any exceptions that may cloud title of the property. Title search services shall be provided within 30 business days of receiving the request from the RECO. Title services that are more complex or require additional time and effort, shall be reported to the RECO and a mutually agreeable delivery date will be decided between both parties. The RECO will provide the Title Officer with the Accessor’s Parcel Numbers (APN).

The RECO reserves the right to modify batch listings based on the need of the Navy and the project requirement. The Title Officer will provide the name and address of the estate owner along with the location on a map of the subject property.

Updated title services shall be provided within 15 business days of receiving the request from the

RECO.

The Title Officer shall work closely with the RECO to identify and address any exceptions to title which may prevent acquisition of the property or create a cloud on title. All fees associated with the products and services shall be in accordance with the Schedule of Fees attached to the contract as “Exhibit B.” The title work to be performed shall include, but is not limited to the following products and services:

A. Perform detailed title research to establish a clear chain of title (up to the original land grant or patent) and identify all encumbrances on title, including but not limited to easements, encroachments, third-party interests, and any other interests;

B. Verify the validity of any encumbrances, encroachments, easements and/or third -party rights found during title research, or as requested;

C. Verify the accuracy of all legal descriptions provided in the title commitments as compared with the vesting documents, and recorded data provided by the County Tax Collector and County Treasurer’s Office;

D. Provide the correct legal description of the property to be acquired;

E. Provide legible copies of all instruments in the chain of title that created rights, interests, or encumbrances on the property to be acquired, and records of court documents (as applicable) for each parcel of privately or publicly owned real property interests being acquired;

F. Provide preliminary title reports, which are required for all fee simple land acquisitions, identifying all exceptions, plat maps and title commitments. Preliminary title reports shall contain evidence demonstrating title investigations on all interests in the parcels;

G. Identify and address any exceptions, ownership issues, court orders, mining, and other claims which may prevent the federal government from acquiring the subject property in fee simple;

H. Provide death certificates for those property owners who have died, and a list of names and addresses of potential heirs, and/or interested parties that may lay claim to the decedent's property, as well as ownership information involving corporations, LLCs, or other business entities with an ownership interest in any subject property as and/or if shown by the public land records;

I. Identify and provide Abstracts of Title for mining interests and claims that may be present on the property, along with pertinent records or other information.

Abstracts of Title shall identify the subject land and contain photocopies or summaries of all documents found to affect title after examination of the public land records. The contents of a title abstract must be clearly organized. Where multiple parcels sharing a common preceding chain of title are to be acquired, a master abstract should be prepared and supplemented by an individual abstract for each related parcel. The abstractor’s certification must appear on each abstract.

Abstracts containing illegible photocopies are unacceptable and must not be relied on for review and approval of title until corrected. Abstracts containing extraneous documents irrelevant to the title being examined may also require revision at the discretion of the reviewing Government attorney.

Where documents are summarized rather than photocopied, the abstract must contain a sufficient summary of the material portions of each instrument to enable the reviewing attorney to determine the nature and effect of the instrument. The information necessary will vary, depending on controlling property law in the state where the land is located.

Basic data that must be included are recordation information (date, book and page, or instrument number) for each instrument; identification of any unpaid mortgages, deeds of trust, and liens; and notice of any reservations, limitations, or conditions on ownership, e.g., easement grants and affirmative and restrictive covenants. Releases of homestead, dower, and other statutory rights must be affirmatively shown in jurisdictions where these rights are recognized at law.

The abstractor’s certificate will generally be acceptable if it is in the form approved by a title association of recognized standing in the state where the land is located and if the abstractor certifies that he or she has examined all relevant public records pertaining to title for the required period of search, and that all matters of record affecting title are correctly shown in the abstract. The certificate should specify the number of pages contained in the abstract, and must be dated and signed by the abstractor.

J. Provide Title Commitments and issue final title insurance policies in the name of the United States of America for each property acquired, form to be ALTA U.S. Policy 9/28/91 (Rev. 12/3/12) in Quadruplicate.

K. Other services, as necessary, to finalize the acquisition of property, as requested by the

RECO.

L. In the event the title search determines that contiguous parcels are in identical ownership, it is desirable that one Title Binder be issued covering all such contiguous identical ownership parcels. In the event the initial title search determines that contiguous parcels are in identical ownership, such parcels shall be considered as one parcel for purposes of computing payment due for Updated Title Binders, and Updated Title Searches. If such parcels are acquired by the Government in a single deed, payment due for the insurance premium, the Final Title Policy will be issued therefore.

TASK 2 – ESCROW SERVICES:

Upon receipt of all documents supporting title, the RECO will forward the Preliminary Title Commitment and or Abstract of Title to their Office of General Counsel (OGC) for a Preliminary Title Opinion (PTO). If any outstanding issues remain, the RECO will work with the Title Officer to address any exceptions that need to be cured, per the PTO.

The Escrow Officer and their staff will perform Escrow and Closing Services, according to written Escrow Instructions that are provided by the RECO. The Escrow Officer shall work closely with the RECO to resolve any issues which may prevent closing and acquisition of the property. All fees associated with the products and services shall be in accordance with the Schedule of Fees attached to the Contract as “Exhibit B.” Escrow and closing work shall be performed in as many transactions as the RECO directs, to include the possibility of multiple closings for individual parcels as may be necessary to obtain all severed interests in those parcels and also to include the possibility of multiple parcels as a single closing due to common ownership or as the result of negotiations by the Government with the property owners. Escrow and Closing work to be performed shall include, but is not limited to the following products or services:

A. Provision of the draft grant deed of conveyance to the RECO for final approval prior to execution and upon final approval recording those deeds with the County in which the properties are acquired;

B. Provide draft deed(s) to the RECO for review before recordation;

C. The form of deed to the United States must conform to local statutory requirements and be a grant (general warranty) deed except in conveyances by states, municipalities, fiduciaries, and other persons acting solely in a representative capacity. It must conform to the statutory form prescribed for the state in which the lands are located and to the DOJ Title Standards 2016;

D. Ensure no new encumbrances have been recorded against the subject property since the date of the title commitment. If any new encumbrances have been recorded against the property since the date of the title commitment, the Escrow Officer will immediately notify the RECO and will not process until further instruction is received;

E. Ensure all exceptions required to be removed, released, subordinated, waived, or otherwise handled, as set forth in OGC’s PTO, as communicated through the RECO, have been completed and the applicable clearance documents recorded. Ensure all other requirements and escrow instructions have been met;

F. Ensure the legal descriptions on the documents to be recorded meet American Land Title Association (ALTA) and the American Congress on Surveying and Mapping (ACSM) requirements;

G. Ensure all documents meet the local County Recorder’s requirements. Ensure all electronic versions of documents meet National Archive and Records Administration (NARA) requirements of 300 dots-per-inch (300 dpi) minimum scanned resolution;

H. Provide a Preliminary Title Commitment, for the property to be acquired, and commit to issue the final title policy to the “United States of America, acting by and through the Department of the Navy,” on the form “ALTA U.S. Policy - 9/28/91 (Rev. 12/3/12)”;

I. Title policies shall be provided within fifteen (15) days of closing;

J. Ensure receipt, execution, and recordation of the deed, as signed by the property owner;

K. Provide three (3) certified hard copies, and an electronic copy of the final recorded instruments at the closing of each Escrow;

L. Provide County Tax Collector notice of the Government’s exemption from property taxes, as the properties are recorded;

M. Maintain Escrow Files for all transactions;

N. Provide information and documents necessary for Escrow in preparation for closing, and;

O. Other services as requested by the RECO.

TASK 3 – TITLE AND ESCROW SERVICES FOR ACQUISITION BY CONDEMNATION:

For property acquisitions requiring eminent domain (condemnation) proceedings, the Title Officer shall provide title evidence which identifies all parties who have, may have, or claim to have an interest in the property.

The title work to be performed shall include, but is not limited to the following products and services:

A. The Title Officer shall update the title evidence to the date of filing of the Declaration of Taking (DT);

B. The Title Officer shall issue a title insurance policy that confirms and insures that all parties who have, or may have, or claim to have an interest in the land, as disclosed by a search of the public records, have been identified, to be issued as ALTA U.S. Policy -

9/28/91 (Rev. 12/3/12);

C. The Title Officer shall issue the title policy with an insurance amount equal to the best available estimated value of the land, which will usually be the government's approved appraised value of the estate taken. (Note: Determination of value to be set by the court may not take place for several years after filing of the DT.) The effective date of the policy should be the date of the DT filing;

D. The four items in Schedule A of the policy should be prepared as follows:

a. Name as the Insured "the United States of America";

b. Identify the estate in the land acquired by the United States;

c. IN CONDEMNATION CASES: show title vested in "the United States of

America", and identify who the title was vested in immediately prior to the acquisition of title by the United States.

d. Describe the land.

E. Any Certificate of Title or Title Policy issued in relation to a condemnation proceeding shall include the following language in “Schedule B”, “The property described in ‘Schedule A’ hereof is free and clear from all interests, encumbrances, and defects of title and all other matters whatsoever of record, or which, though not of record, are known to this corporation to exist, impairing or adversely affecting the title to said property, except the following.” The “Schedule B” must include an exception to the recorded notice of Lis pendens/DT. It shall also include exceptions to all other matters which affect the land, including those previously revealed in the PTRs;

F. The Title Officer shall record the Final Judgment, DT, Order of Possession or other Court Orders as required, if prepared during the term of this Contract, to give permanent notice of the outcome of the condemnation litigation. The Final Judgment, DT, Order of Possession or other Court Orders shall include a description of the estate taken, confirmation that title is vested in the United States, and confirmation that payment of just compensation has been made into the registry of the Court.

PART B. SCHEDULE OF SUBMITTALS

The schedule for submittals will be in accordance with the Schedule of Fees (attached to the basic contract as, EXHIBIT “B”), and shall be adhered to. The Contractor shall ensure that they communicate with the RECO prior to any deviations, and they must show that if the deviation is approved, it will not impact the overall delivery of the product services needed for acquisition in a timely manner. Any deviations from schedule must be approved by the RECO in writing.

PART C. POINTS OF CONTACT:

Real Estate Contracting Officer: Gregory Magnuson Senior Realty Specialist: Dany Saliba Realty Specialist: Michele Ott