W9127824P0004 SOW-Forest Heights Levee.docx

DEPARTMENT OF THE ARMY

MOBILE DISTRICT, CORPS OF ENGINEERS

P.O. BOX 2288

MOBILE, ALABAMA 36628-0001

REPLY TO

ATTENTION OF:

USACE-RE

U.S. ARMY CORPS OF ENGINEERS (USACE)

SCOPE OF WORK

MISSISSIPPI COASTAL IMPROVEMENTS

PROGRAM (MsCIP) COMPREHENSIVE

FOREST HEIGHTS LEVEE

TITLE EVIDENCE FOR LEVEE PROJECT

ON BEHALF OF CITY OF GULFPORT, MS

1. TITLE EVIDENCE REQUIREMENTS:

a. All title evidence related to this Project/Work Item will be performed by the contractor. That contractor will continue to provide subsequent title evidence, when called upon to do so, until such time that subject land has been acquired or the Government determines there is no longer a need to acquire said land.

b. Tract maps and surveyed legal descriptions will be provided within 30 days of the award date.

c. All work placed under this Scope of Work will be issued to the contractor based on the price schedules submitted by the contractor.

2. TYPE OF TITLE:

a. Preliminary Commitments / title updates (as requested - 2 per tract)

b. Issuance of Final U.S. ALTA Owner's Policy (revised 12/3/2012)

3. ATTACHMENTS AND DESCRIPTION OF SITE(S):

a. Scope of Work attached hereto.

b. See attached list of parcels under this Scope of Work (thirteen (13) parcels / 16 (sixteen) tracts)

4. SCOPE OF WORK:

a. To furnish title evidence and meet with or talk by telephone with members of the Real Estate Division as required to assist and discuss the title evidence and/or curative work required for the proposed acquisition of aforementioned tract(s).

b. When commitment cites the policy to be issued, it should be ALTA U.S. Owner’s Policy (12/3/2012). Also, each page of the title commitment should cite the Tract # (if provided by USACE).

c. Complete, legible copies, or a sufficient abstract or digest, of all instruments referenced in the title commitment must be provided with the title evidence. Including all related plat maps and/or tax maps covering subject lands.

d. The preliminary title evidence must disclose the name of each and every person in whom title to any interest in the estate to be insured is vested of record or known to the company. Schedule "B" exceptions to recorded liens, easements, etc. should disclose all essential information, including the name(s) of the person or parties who hold the interests of record. When addresses of parties having any interest in the insured estate are disclosed by the public records or known to the company, they must be set out or provided via copies of the documents. Schedule "B" exceptions shall not set forth exceptions or objections in general terms.

e. Government Requirements & Guidelines for Title Evidence:

1) For this project, the commitment, binder, etc. should name the CITY OF GULFPORT, MISSSISSIPPI, A MUNICIPALITY, as the proposed insured.

2) If direct Federal Purchase, the commitment, binder, etc. should name the UNITED STATES OF AMERICA, as the proposed insured, except in the case of Indian trust lands, where the proposed insured will be "the United States of America in trust for [a named Indian or tribe]", and acquisitions of land in a different name when authorized by Congress.

3) If the commitment contains an expiration date, it should be deleted or changed to a period of no less than two years. A commitment with no expiration date is preferable. The acquiring agency’s contract for title evidence generally can provide for this. This simply recognizes that, as a practical matter, land acquisitions by the United States take a long time to complete.

4) Must be in accordance with the requirements set forth in “Department of the Army Specifications for Furnishing and Delivering Certificates of Title Owner’s Title Guarantee (Insurance) Policies and Continuations Thereof”, ENG Form 1016 (1 May 66) (copy can be furnished upon request and if applicable).

5) When the form of the commitment or binder identifies the form of title insurance to be issued, it should be the ALTA U.S. Policy –12/3/2012 or as amended.

6) Certificates of Title must comport to either ENG Form 903 “Department of the Army Certificates of Title”, copy provided upon request, or in an ALTA form similar to such as approved by the Department of Justice. Must meet all requirements of Engineer Regulations as set forth in ER 405-1-11 (std 11/28/2014), Real Estate Acquisition.

7) Period of search will be governed by the “Standards for the Preparation of Title Evidence in Land Acquisition by the United States except as may be modified herein. (A copy of the applicable extract is provided). In general, certificates of title or title insurance policies are to be based upon a search of all records affecting the title and unqualified as to the period of search, both as to surface and subsurface interests (when requested as applicable).

8) ARBITRATION ONLY BY AGREEMENT PRIOR TO ISSUANCE OF TITLE COMMITMENT OR POLICY. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters shall be arbitrated only when agreed to by both the Company and the Insured. The law of the United States or, if there be no applicable federal law, the law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. See Department of Justice Title Standards 2016, Forms Section E, Provision 14.

9) Where subsurface (mineral) interests in the property are to be acquired, the present record ownership of each such outstanding interest and all data or exceptions of record relating thereto shall be shown.

a) Where subsurface interests in the property to be acquired are owned by persons, corporations, or legal entities other than the owners of the fee title, sufficient information shall be shown in the certificates of title to identify severances from the surface interests by its character (i.e., oil, gas and other minerals), quantity (i.e., 1/4, 1/2, etc.), grantor and grantee, date of instrument and recordation. It is not required that the subsurface interest, once severed, be further followed through its chain of title to current date.

10) Where prior year or current (where available) ad valorem taxes are indicated as “paid”, the amount of these paid taxes shall be set forth in order that the Government may use them for closing purposes.

a) The tax exception(s) in commitments should always 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 such assessments that have not been paid on the date of the commitment and identify the Parcel Tax ID Number.

11) When exceptions are taken in Schedule “B” of the Preliminary Certificate of Title constituting defects of title which would impair the Government’s ability to convey title and are of a nature different from those exceptions an ordinary prudent purchaser of land would take “subject to”, the contracting title company or attorney shall set forth in writing those steps or requirements necessary to remove these exceptions prior to the Government’s acquiring of title and issuance of the final certificate of title.

12) Each page of the title commitment shall clearly identify the tract number (if provided by USACE), project name and the type of certificate being requested (i.e., preliminary, interim, final, or post- final). If using ENG FM 903, please identify the parent company’s name on the first page and ensure title certificate is appropriately signed and dated.

13) The Abstracter's Certificate – If applicable, a satisfactory certificate of the abstracter must be made a part of the abstract. Generally, certificates will be acceptable if in the form approved by a title association of recognized standing in the state where the land is situated and if the abstracter certifies that he/she has examined all public records pertaining to the title for the required period of search, and that all matters of record affecting the title are correctly shown in the abstract. In those states where the liability of the abstracter is based upon the contract to search the title, the certificate should contain a statement that the abstract is furnished to the United States of America and assigns or [the United States’ grantor] and its assigns. Otherwise, and generally, the certificate should not be limited to any contracting party, other person, or corporation.

Exhibit A - Forest Heights Tracts

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