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Home My WebLink AboutCDP 2022-0031; ADAMS HOUOSE; Engineering Application~ City of Carlsbad APPLICATION ENGINEERING PLANCHECK E-23 Development Services land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov Com lete all appro riate information. Write N/A when not ap licable. Project Name: Adams Residence Date:-'-A...;,.ip;;,.;r-"il;...:2:::..O.::...i...., 2=0-=2:.-=3 _______ _ Project Description: Grading-Improvement Plan for Single Family Residence and ADU Project Address: 4368 Adams Street, Carlsbad, CA 92008 Lot No(s).: Portion of 8 Map No.:_2_15_2 ________ APN(s): 206-180-11-00 Number of Lots: 1 Number of Acres: 0.62 Miles of Trails: Owner: Curtis C. Ling, 78.44%; Jessica L. Grieves, 21.56% Applicant: Mailing Address: 3667 Adams Street Mailing Address: Carlsbad, CA 92008 Phone Number: 6 lq 3q 2 2..6 tl Phone Number: Fax Number: _____________ Fax Number: E-mail: curtis.ling@outlook.com E-mail: le al owner and that all the above cor. ect to the best of my knowledge. Signature: Date: 2D ~ f{Z "'ZO'Z,-5 Signature: Civil Engineer: y K. Christensen Firm: Christensen Engineering & Surveying Mailing Address: 7888 Silverton Avenue, Suite J San Diego. CA 92126 Phone Number: _8_5_8-_27_1_-9_9_0_1 ________ _ Fax Number: E-mail: ceands@aol.com Soils Engineer: Firm: Mailing Address: Phone Number: Fax Number: E-mail: Curtis Lina 3667 Adams Street Carlsbad.CA 92008 curtis.linq@outlook.com Geotec, Inc. 1384 Poinsetta Avenue, Suite A Carlsbad, CA 92081 760-599-0509 760-599-0593 State Registration Number: RCE 54021 State Registration Number: GE 2284 Additional Comments: ___________________________________ _ IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) 0 Carlsbad Municipal Water District D Olivenhain D Vallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ GRADING QUANTITIES cut /, 4'1'1.5 cy fill .S3'/. / cy remedial O cy import D cy export 9/5. '/ cy E-23 Page 1 of 2 REV 03/23 ( City of Carlsbad APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov Complete all appropriate information. Write N/A when not applicable. APPLICATION FOR (check all that apply) D Adjustment Plat (ADJ) D Certificate of Compliance (CE) D Dedication of Easement (PR) Type: Type: D Encroachment Permit (PR) □ Final Map (FM) [Z] Grading Plancheck (DWG) D Improvement Plancheck (DWG) D Parcel Map (PM) D Quitclaim of Easement (PR) Type: D Reversion to Acreage (RA) D Street Vacation (STV) D Tentative Parcel Map (MS) D Certificate of Correction (CCOR) D Covenant of Easement (PR) D Substantial Conformance Exhibit (SCE) D Trails D < mile D > mile D Other APPLICATION ACCEPTED BY: E-23 Project Drawing I.D. Number I I I I I I I I I Page 2 of 2 r-u~ Cl I Y Utit::. UNL Y Deposit /Fees Paid Comments DATE STAMP APPLICATION RECEIVED REV 03/23 E-24 Page 1 of 1 REV 04/2 Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov APPLICATION GRADING PERMIT E-24 PERMIT NUMBER: GR Project Name: ___________ ___________ ___________ ___________ _______ Project Number: Project Location: Drawing Number: Assessor Parcel Number(s): Project Description: Owner: Address: Suite: City: State: Zip: Phone Number: Email: I certify that I am the legal owner of this property and I authorize the grading associated with this permit. OWNER SIGNATURE: DATE: Civil Engineer: Address: Suite: City: State: Zip: Phone Number: Email: Soils Engineer: Address: Suite: City: State: Zip: Phone Number: Email: Grading Contractor: State License No.: City Business License No.: Address: Suite: City: State: Zip: Grading Quantities: cut cy fill cy import cy remedial cy export cy Qualified contact person trained in NPDES requirements: Phone Number: Email: Basis of Permit Fees: cy Total Permit Fees: $ Verified By: Balance Due: $ I hereby acknowledge that I have read the application and information provided is correct. I agree to comply with all federal, state, and city laws, ordinances, regulations and policies relating to excavation and grading including, but not limited to, the Federal Endangered Species Act of 1973 and any amendments thereto. I will also comply with OSHA Permit requirements for trenches over five feet deep and the provisions and conditions of any permit issued pursuant to this application. Applicant Name: Address: Suite: City: State: Zip: Phone Number: Email: APPLICANT’S SIGNATURE: DATE: 2023-0024 Adams House 4368 Adams Street 3667 Adams Street Carlsbad CA 92008 619-392-2644 7888 Silverton Avenue San Diego CA 92126 858-271-9901 1384 Poinsetta Avenue Carlsbad CA 92081 760-599-0593 TJ Amos-MLA General Contractor Inc. 4402 Ramona Drive Fallbrook CA 92028 1449.4 534.1 0.0 614 915.4 3667 Adams Street Carlsbad CA 92008 619-392-2644 206-180-11-00 Remove existing SFR, new SFR with ADU CDP2022-0031 542-7A Curtis Ling curtis.ling@outlook.com Christensen Engineering & Surveying J ceands@aol.com B-511800 BLOS012162-07-2022 Geotec, Inc.-Bruce Hick curtis.ling@outlook.com Curtis Ling 16NOV2024 Cuffing 15 Nov2024 City of Carlsbad - // I ,I ru~ ~ - V /1 I;/~ I /.L (/I":__. \../ ~ \../ u II 16 ~D\/ Zc)2-4 lC' A}t>tJ 2-oZ.lf Chicago Title - SD Title Officer: Sheila Hollander Prelim Title Report Title Officer: Email: Title No.: 73722004273 Property Address: Introducing LiveLOOK title document delivery system is designed to provide 24/7 real-time access to all information related to a title insurance transaction. 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To view your new Chicago Title PreVIEW powered by LiveLOOK report, Click Here Effortless, Efficient, Compliant, and Accessible CHICAGO TITLE. ~ CHICAGO TITLE PreVIEW CIDCAGO TITLE ~ Powered by LiveLOOK CHICA ,O TITLE ,i:.·<., !'".II.~:>:•---.. .. ,,.rt9N ..... ._ _________ _ " .loQ~l!lPl:'I'•--,-••- CONDITION OF TITLE Guarantee Number: Issued By: 73722004273 Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014)Printed: 04.25.23 @ 10:38 AM Page 1 CA-CT-FWDO-02180.055820-SPS-1-23-73722004273 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Chicago Title Company 2365 Northside Drive, Suite 600 San Diego, CA 92108 Chicago Title Insurance Company By: Countersigned By: Brian Olenik Authorized Officer or Agent Michael J. Nolan, President Attest: Marjorie Nemzura, Secretary @. CHICAGO TITLE INSURANCE COMPANY Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014)Printed: 04.25.23 @ 10:38 AM Page 2 CA-CT-FWDO-02180.055820-SPS-1-23-73722004273 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO.73722004273 ISSUING OFFICE: Title Officer: Sheila Hollander Chicago Title Company 2365 Northside Drive, Suite 600 San Diego, CA 92108 Fax: 619-785-3383 Main Phone: (619)521-3500 Email: Sheila.Hollander@ctt.com SCHEDULE A Amount of Liability Fee Title Officer $5,000.00 $300.00 Sheila Hollander Date of Guarantee:April 14, 2023 at 12:00 AM 1. Name of Assured:Curtis Ling 2. The estate or interest in the Land which is covered by this Guarantee is: Fee 3. The Land referred to in this Guarantee is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: Curtis C. Ling, a single man, as to an undivided 78.44% percent interest and Jessica L. Grieves, an unmarried woman, as to an 21.56% percent interest, as Tenants in Common b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. END OF SCHEDULE A EXHIBIT "A" Legal Description Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014)Printed: 04.25.23 @ 10:38 AM Page 3 CA-CT-FWDO-02180.055820-SPS-1-23-73722004273 For APN/Parcel ID(s):206-180-11-00 That portion of Lot 8 in Block "C" of Bellevista, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the office of the County Recorder of San Diego County, March 7, 1929, lying Northwesterly of the following described line: Beginning at a point on the Southwesterly line of said Lot 8, being on the arc of a 225.00 foot radius curve, concave Northeasterly, distant along said Southwesterly line 4.84 feet Northwesterly from the most Southerly corner of said Lot 8; thence Northeasterly in a straight line to a point on the Northeasterly line of said Lot, distant thereon South 16°19'00" East, 90.56 feet from the most Northerly corner thereof. Excepting therefrom the Westerly 5 feet, as granted to the City of Carlsbad by Individual Grant Deed recorded August 28, 1978 as file no. 78-366214 of Official Records of said San Diego County. CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO.73722004273 SCHEDULE B Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014)Printed: 04.25.23 @ 10:38 AM Page 4 CA-CT-FWDO-02180.055820-SPS-1-23-73722004273 1.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2023-2024. 2.Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: 206-180-11-00 Fiscal Year: 2022-2023 1st Installment: $16,059.79 2nd Installment $16,059.79 Exemption: None Code Area: 09000 3.Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Tax Identification No.: 809-212-33-30 Fiscal Year: 2020-2021 1st Installment: $3,674.07, Delinquent Penalty: $367.40 Delinquent: August 1, 2022 2nd Installment: $3,674.07, Delinquent Penalty: $377.40 Delinquent: November 30, 2022 Code Area: 09000 4.Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Tax Identification No.: 819-212-33-21 Fiscal Year: 2021-2022 1st Installment: $14,631.66, open Penalty: $1463.16 Delinquent: August 1, 2022 2nd Installment: $14,631.66, open Penalty: $1,473.16 Delinquent: November 30, 2022 Code Area: 09000 5.The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 6.Water rights, claims or title to water, whether or not disclosed by the public records. 7.The recital contained in the Owner's Certificate on said map, which agrees to allow the cross-arms of poles or other similar structures placed along the right of way of certain highways on said map to overhang the abutting property. CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO.73722004273 SCHEDULE B (continued) Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014)Printed: 04.25.23 @ 10:38 AM Page 5 CA-CT-FWDO-02180.055820-SPS-1-23-73722004273 8.The recital contained in the Owner's Certificate on said map, conveying and relinquishing complete jurisdiction and control over any and all pipes, poles or other structures of work, trees and anything of whatever nature that may be upon, across or over the highway offered for dedication. 9.Matters contained in that certain document Entitled: Contract for Future Public Improvements Recording Date: August 28, 1978 Recording No.: 78-366213 Official Records Reference is hereby made to said document for full particulars. 10.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Gas & Electric Company Purpose: public utilities and incidental purposes Recording Date: January 3, 1979 Recording No.: 79-002965 Official Records Affects: the exact location and extent of said easement is not disclosed of record. 11.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The Pacific Telephone & Telegraph Company Purpose: public utilities and incidental purposes Recording Date: March 19, 1979 Recording No.: 79-112856 Official Records Affects: the route thereof affects a portion of said land and is more fully described in said document. 12.A Notice Entitled: Notice of restriction on real property accessory dwelling unit Recording Date: March 20, 2023 Recording No.: 2023-69914, of Official Records Reference is hereby made to said document for full particulars. 13.A Notice Entitled: Notice of restriction on real property Recording Date: March 20, 2023 Recording No.: 2023-69915, of Official Records Reference is hereby made to said document for full particulars. CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO.73722004273 SCHEDULE B (continued) Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014)Printed: 04.25.23 @ 10:38 AM Page 6 CA-CT-FWDO-02180.055820-SPS-1-23-73722004273 14.A deed of trust to secure an indebtedness in the amount shown below, Amount: $1,740,000.00 Dated: March 12, 2021 Trustor/Grantor: Curtis C. Ling, a single man, as to an undivided 78.44%percent interest and Jessica L. Grieves an unmarried woman, as to an 21.56% percent interest, as tenants in common Trustee: Olivia Todd Beneficiary: US Bank National Association, a National Bank Loan No.: 2201269974 Recording Date: March 18, 2021 Recording No: 2021-0213177, Official Records 15.Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the Public Records. 16.Any rights, interests or claims, which are not shown by the public records but which could be ascertained by an inspection of the Land or which may be asserted by persons in possession thereof. END OF SCHEDULE B CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO.73722004273 Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014)Printed: 04.25.23 @ 10:38 AM Page 7 CA-CT-FWDO-02180.055820-SPS-1-23-73722004273 EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. DEFINITION OF TERMS The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate oreasement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (f) "Amount of Liability": the Amount of Liability as stated in Schedule A. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED TO COOPERATE Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4 (a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO.73722004273 (continued) Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014)Printed: 04.25.23 @ 10:39 AM Page 8 CA-CT-FWDO-02180.055820-SPS-1-23-73722004273 5. PROOF OF LOSS OR DAMAGE (a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay; or (c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. LIMITATION OF LIABILITY (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien, or encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. PAYMENT OF LOSS (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO.73722004273 (continued) Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014)Printed: 04.25.23 @ 10:39 AM Page 9 CA-CT-FWDO-02180.055820-SPS-1-23-73722004273 11. ARBITRATION Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is Two Million And No/100 Dollars ($2,000,000) or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of Two Million And No/100 Dollars ($2,000,000) shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. SEVERABILITY In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. CHOICE OF LAW; FORUM (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at: Chicago Title Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023 Attn: Claims Department END OF CONDITIONS