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GM-17-10-11-073 RIGHT OF WAY SERVICES AGREEMENT This RigI of Way Services Agreement (this "Agreement") is entered into effective as of by and between Brush} Creek Regional Utility Authority, a Texas local government corporation ("BCRUA"). and CONTRACT LAND STAFF, LLC. a Delaware limited liability company ("Contractor"), Having its principal place of business in Sugar Land. Texas. BCRUA and Contractor are hereinafter sometimes rel'erred to individually as a "Part) and collectively as the "Parties". WITNESSETII : In consideration of their mutual covenants hereunder. the Parties agree as follo«s: 1. Scope of Services. The BCRUA may from time to time request that Contractor perform certain right of way services (the "Services"). Each request shall be made in the form of a written "authorization letter". "job order', or"verbal request l'ollowed up via email" (each. a "Work Order") that describes with particularity the Services being requested and the time for performance. The Work Order %will be deemed accepted by Contractor when Contractor countersigns it or otherwise provides written confirmation of its acceptance. 2. Charges for Services. Charges for Services will be made in accordance with the Schedule of Rates and the Expense Reimbursement Procedures attached hereto as Exhibit A. Contractor shall invoice semi-monthly (at the end of each payroll period) for Services performed and payment shall be due upon receipt and payable within thirty(30) days of receipt of invoice. 3. Limitation of Liability. TO THE DULLEST EXTEN'1- PERMITTED BY LAW. EXCEPT WITH RESPECT TO DAMAGES CAUSED BY CONTRACTOR'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CONTRAC'I'OR'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES SHALL, FOR ANY AND ALL CAUSES AND CLAIMS, IN THE AGGREGATE NOT EXCEED THE FEES PAID BY COMPANY FOR THE SERVICES. In Witness Whereof, the Parties hereto have executed this Agreement effective as of the day and year first above written. BCRUA: CONTRACTOR: By: 7--,-,lb&o o 1I� -1 By: Name: Tom GalIier Name: 1 lalet Mu hy .,. Title: General Manager Title: President and CEO 1 EXHIBIT A Contractor will provide owner and encumbrance vesting title files for fifty-two(52)parcels for the BCRUA Phase IC & 2 project, located in Travis County, Texas. Owner and Encumbrance Vesting Title File 1) Limited Vesting Title Certificate 2) Map Depicting Subject Tract 3) Tax Card(s) 4) Copies of Supporting Documents The Vesting Title file will contain research and documentation necessary to establish vesting for CURRENT OWNERS. When the conveyance document to the current owner does not include a complete legal description, additional research will be done to provide that information. Current owners will then run forward for outsales and other documents affecting the subject tract and its ownership. It will be compiled based on research at the County and District level,which will include Official (Deed)Records, Probate, Divorce and other legal proceedings affecting the subject tract. File will include: • All documentation regarding the vesting of Current Owner(s) • All open and active Voluntary Liens,either executed or assumed by Current Owner(s) • Any Involuntary Liens against Current Owner(s)affecting subject property • All other encumbrances either executed by Current Owner(s) or cited in documents vesting Current Owner(s) Fee Schedule Fee: $200/parcel Not-to-Exceed Amount: $10,400 -� (52 parcels x $200) _ 2 Monique Adams From: Tom Gallier Sent: Wednesday, October 11, 2017 2:01 PM To: Steve Sheets Cc: Monique Adams;Sam.Roberts@cedarparktexas.gov,Wayne Watts; Michael Thane; Lori Bible;Aaron Archer Subject: CLS Contract for ROW Title Searches Attachments: BCRUA, RoW Services Agreement(for title work), Signed x CLS- 2017.09.27 GMSigned.pdf Steve, The OC agreed today with my authorizing the attached contract with Contract Land Services (CLS), for title searches on 52 ROW's associated with the Phase 1C/Phase 2 ROW work. CLS agreed to a set fee of$200.00 per title, for a total fee of$10,400.00. 1 have attached the signed contract. Please let me know if anything else is needed. Thanks, Tom Tom Gallier, General Manager Brushy Creek Regional Utility Authority(BCR UA) Physical Address• 1906 Hi r Industrial Blvd. Cedar Park, TX 78613 Mailing Address.- 221 ddress.221 E. Main St. Round Rock, TX 78664 Cell.•(512)788-2036 Fax:(512)218-7097 e-mail.,toallierft crua.ora L