Fort Walton Beach Resolution — 80-21-Rehab of Butler Terrace Contracts — reading text

( B) & ( C) will be $ per parcel or tract. 50. 00 The sum of $ per parcel for providing transcripts to the ATTORNEY for parcels to be processed through condemnation. Providing the service ,of closing of each purchase A. and recording necessary papers for each parcel excluding Notary fee: docum~ ntary stamps or record,ing fee an~ ing Title Insurance 3/ 4% of 1% of purc~ase price per parcel.. Policy $ tr pJf:1(()' B. Providing update of Title Binder with respect to 25. 00 each parcel $ per parcel. C. If it becomes necessary to examine the title of adjoining property owners or the title of property owners where their prescriptive rights to streets within the project area are affected, the fee for such service shall be $ 50. 00' per such affected property owner for a Certificate of Title. D. The term " parcel" as used herein means and is defined as any contiguous tract of land in the same ownership, purchased at the same time whether tract consists of one or more platted lots or blocks or fractional parts thereof. E. It is expressly mutually understood and agreed that in no event the total compensation and reimbursement, if any, to be 15, 000 for all services paid hereunder, exceed the maximum sum of $ required, provided that no more than 45 parcels of property are involved. In the event of an overrun, unit fees will be paid for services rendered. VIII. TERMINATION FOR BREACH. In the event of breach of any condition provision hereof, the or shall LOCAL PUBLIC AGENCY have the right, by prior written notice, to terminate the TITLE COMPANY' s employment hereunder and cancel this Contract and have the work called f04 hereby otherwise pe~ formed, without prejudice to any other rights or remedies of the LOCAL PUBLIC AGENCY. The LOCAL PUBLIC AGENCY the benefit of such work as may shall have have been completed up to the time of such termination or cancel- lation, and with respect to any part which shall have been delivered to and accepted by the LOCAL PUBLIC AGENCY there shall be an equi- table adjustment of compensation. IX. CANCELLATION. Irrespective of any default hereunder, the LOCAL PUBLIC time at its discretion, AGENCY may also, at any terminate the hereunder and cancel the TITLE COMPANY' s employment CONTRACT, in whole or in part, and in such event, the TITLE COMPANY shall be entitled to receive ~ ompensation as specified herein for all work completed and accepted prior to such termination. X. ASSIGNMENT OF TITLE COMPANY. The TITLE COMPANY' s assigned be obligation and duties under this CONTRACT shall not in whole or in part unless previously requested by the TITLE COMPANY in writing stating the reason for the request and subsequent approval by the LOCAL PUBLIC AGENCY. This shall not prohibit the assignment of the proceeds due hereunder to a bank or financial institution. This CONTRACT may be assigned by the LOCAL PUBLIC AGENCY to any corporation, agency, or instrumentality authorized to accept such assignment.  page 4 Contract & Agreement XI. EQUAL EMPLOYMENT~ PPORTUNITY. During the performance of this Contract, the Title Company further agrees as follows: A. The Title Company will not discriminate against any employee applicant for employment because of age, race, color, or religion, sex or national origin. The Title Company will take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their age, color, religion, sex or national origin. Such actions shall include, but are not limited to, the following: employment, up- grading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Title Company agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Local Public Agency setting forth the provisions of this non- discrimi- nation clause. B. The Title Company will, in all solicitations or ad- vertisements for employees placed by or on behalf of the Title Company, state that all qualified applicants will receive conside- ration for employment without regard to age, race, color, religion or national origin. XII. OFFICIALS NOT TO BENEFIT. No member of or delegate to the Congress or Resident Commissioner of the United States of America, or its political subdivisions, shall be admitted to any share or part of this Contract or to any benefit to arise therefrom. XIII. INTEREST BY MEMBERS OF LOCAL PUBLIC AGENCY. No member, officer or employee of the Local Public Agency his/ during her tenure of office or for one year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof. I, XIV. INTEREST OF TITLE COMPANY. The Title Company cove- nants that it presently has no interest and shall not acquire any interest, direct or indirect, in the above described project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services here- under. xv. ASSURANCE OF COMPLIANCE. ( SECTION 3, HUD ACT OF 1968) TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS. A. The project assisted under this Contract is subject to the requirements of Section 3 of the Housing and Urban Develop- ment Act of , 1968 as amended, 12 U.S. C. 170u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons , residing in the area of the project. B. Notwithstanding other provision of this Contract, any the Title Company shall carry the provisions of said Section 3 out and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 ( published in 38 Federal Register 29229, October 23, 1973), and all applicable rules and orders of the Secretary issued thereunder prior to the execution of this Contract. The requirements of said regulations include but are not limited to, development and implementation of an affirmative action plan for utilizing business concerns ~ ocated within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulations, to provide training, employment; and business opportunities required by Section 3; and incorporation of the Section 3 Clause, specified by Section 135. 20( b) of the regulations in all contracts for work in connection with the project. The Title Company certifies and agrees that it is under no contractual or other disability which would prevent it form complying with these requirements.  page 5 Contract & Agreement Section the C. Compliance with the provlslons of 3, regulations set forth in 24 CFR Part applicable rules 135, and all and orders of the Secretary issued thereunder prior to approval for this Contract, shall be by the Government of the application a condition of the Federal financial assistance provided to the its successors and assigns. project, binding upon the Title Company Failure to fulfill these requirements shall subject the Title Company, its subcontractors, its successors, and contractors and assigns to the sanctions specified by this Contract, and to such sanctions as are specified by 24 CFR Section 135. 135. Additionally, the Title Company agrees and assures the Contract Local Public Agency that all activities covered under this will be conducted in accordance with regulations pursuant to Title I and Act of 1974 as amended in- of the Housing Community Development sections of Section 109 cluding but not limited to, the applicable of the Act ( the non- discrimination clause), Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Orders 11246 and 11063 and Section 3 of the Housing and Urban Development Act of 1968 as they apply through Section 570.