Common use of Negotiation Services Clause in Contracts

Negotiation Services. a. Engineer shall analyze preliminary title reports for each Parcel to determine potential title problems, propose and inform Owner of methods to cure title deficiencies. This includes analysis of access easements. b. Engineer shall analyze appraisal and appraisal review reports and confirm the Owner’s approved value prior to making offer for such Parcel. c. Engineer shall prepare and send the letter transmitting the Landowners’ Xxxx of Rights by Certified Mail-Return Receipt Requested (CMRRR) and any other method authorized by law and the Owner. d. Engineer shall prepare all documents required or requested by Owner on applicable forms approved by Owner (i.e. the initial offer letter, memorandum of agreement, instruments of conveyance). e. The written offer, appraisal report and required brochures must be sent by Engineer to each property owner or the property owner’s designated representative through CMRRR, and Engineer shall maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. Engineer shall retain copies of the unsigned CMRRR receipt and the appraisal as support for billing purposes. f. Engineer shall respond to property owner inquiries verbally and in writing within two (2) business days. g. Engineer shall prepare a separate negotiator contact report for each Parcel, per contact. h. All original Project and Parcel file documents must be kept in Owner’s office. All original documents generated or received by Engineer must be delivered to Owner’s office. Copies or working file documents may be kept by Engineer. i. Engineer shall transmit to Owner any written counter offer from property owners including supporting documentation and provide recommendation. j. Engineer shall prepare final offer letters and mail the documents of conveyance by CMRRR. k. Engineer shall issue the survey of each such Parcel to the property owner. l. Engineer shall secure a Right of Entry or Possession and Use Agreement when possible.

Negotiation Services. a. Engineer 4.1. Provider shall analyze preliminary title reports for each Parcel Title Commitment report to determine potential title problems, propose and inform Owner ROW-PD Office of methods to cure title deficiencies. This includes analysis of access easements. b. Engineer 4.2. Provider shall secure Title Commitment updates in accordance with insurance rules and requirements for parcel payment submissions. There should not be any changes at this point, but if there are changes (such as Abstractor’s Fees) these costs shall be reimbursed to the Provider as pass through costs against the authorized amount of the Work Authorization. 4.3. Provider shall analyze appraisal and appraisal review reports and confirm the OwnerState’s approved value prior to making an offer for such Parceleach parcel. c. Engineer 4.4. Provider shall prepare and send the letter transmitting the Landowners’ Xxxx of Rights by Certified Mail-Return Receipt Requested (CMRRR) and any other method authorized by law and the Owner). d. Engineer 4.5. Provider shall issue Property Owner’s Survey to the property owner. 4.6. Securing a Right of Entry or Possession and Use Agreement (PUA) is part of general Negotiation Services. Provider shall explain and provide the opportunity for the property owner to agree to a Right of Entry or a PUA in accordance with State policy and procedures. 4.7. Provider shall prepare all documents required or requested by Owner the State on applicable forms approved by Owner State forms. (i.e. i.e.; the initial offer letter, memorandum of agreement, instruments of conveyance). e. The 4.8. Provider shall send the written offer, appraisal report and required brochures must be sent by Engineer to each property owner or the property owner’s designated representative through CMRRR, and Engineer shall maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. Engineer shall , and retain copies of the unsigned CMRRR receipt and the appraisal as support for billing purposes. f. Engineer 4.9. Provider shall respond to property owner inquiries verbally and in writing within two (2) business days. g. Engineer 4.10. Provider shall prepare a separate negotiator contact report for each Parcelparcel, per contact, on applicable State forms. h. All original Project 4.11. The curative services necessary to provide a clear title to the State are the responsibility of the Provider and thus are part of the Provider’s fee for Negotiation Services and Condemnation Support Services. A. Curative services do not include costs and expenses that qualify as payment of incidental expenses to transfer real property to the State. Incidental expenses not paid to the Title Company shall be reimbursed as a pass through and are counted against the total amount of the Contract and Work Authorization. 4.12. Provider has direct contact with the Title Company to obtain an updated Title Commitment along with other forms and certified copies of the instrument of conveyance necessary when requesting the Parcel file documents must be kept in Owner’s officePayment through ROW-PD. 4.13. All original documents generated or received by Engineer must the Provider shall be delivered to Owner’s officeROW-PD. Copies or working file documents may should be kept by Engineerthe Provider. Provider shall maintain parcel files of original documentation related to the purchase of the real property or property interests 4.14. Provider will provide closing services in conjunction with the Title Company and will be required to attend closings. In the event of a closing by mail, title work shall be reviewed prior to the closing by mail and again prior to recording of the instrument. i. Engineer 4.15. Provider shall cause the recordation of all original instruments immediately after closing at the respective County Clerk’s Office, except for donations, which must be forwarded to the State for acceptance by the Commission prior to recording. The actual cost of recording fees varies substantially from county to county, and these costs will be reimbursed as pass through costs against the Contract and the Work Authorization. 4.16. Provider shall advise property owner of the Administrative Settlement process, assist them with the preparation of a counter offer package, and transmit to Owner ROW-PD any written counter offer from property owners including applicable State forms, supporting documentation and provide recommendationwritten comments with regard to Administrative Settlements in accordance with State policy and procedures. j. Engineer 4.17. The Provider shall Secure title insurance for all parcels acquired, insuring acceptable title to the State. Written approval by the State is required for any exception. There should be no charges for this task, but if there are charges (such as Abstractor’s Fees) these costs will be reimbursed as a pass through cost against the Contract and the Work Authorization. 4.18. Provider shall prepare the final offer letters letter, and mail the documents of conveyance by CMRRR. k. Engineer 4.19. Provider shall issue the survey of each such Parcel to the property ownerappear and provide Expert Witness testimony as required. l. Engineer shall secure a Right of Entry or Possession and Use Agreement when possible.