HomeMy WebLinkAbout1996-08-20; City Council; 13786; REQUEST FOR OUT OF STATE TRAVEL TO EVALUATE AND RECOMMEND SELECTION OF A GOLF COURSE ARCHITECT AND OPERATOR,
TO EVALUATE AND RECOMMEND SELECTION
MTG. 08/20/96
RECOMMENDED ACTION:
ADOPT Resolution No. 96 -$?8g
architects and operators.
approving out of state travel to evaluate g(
ITEM EXPLANATION:
On 11/07/95, Council authorized staff to proceed with Request for Proposals (RFP) 1
turn key golf course development project. Seventy five (75) requests were r
interested companies and individuals, eleven (I 1) official responses were received bg
The City Selection Committee reviewed the eleven (1 1) proposals and identified
firms that were the most qualified to be considered in the final golf course selection
These firms are:
Raven Golf Group, Scottsdale Arizona Golf Course Architect: Arthur Hills & Associates
Hillman Properties West, Carlsbad California
Golf Course Architect: Arnold Palmer Design Group
KOLL Real Estate Group, San Diego California
Golf Course Architect: Billy Casper - Greg Nash & Associates
The original plan was to select one team of companies who could provide the Ci
complete turn-key development package, including design, construction and operatio
staff was analyzing the proposals received from the development teams shown ab0
were several opportunities to consult with experts in golf development, financ
operation, as well as the City’s legal counsel. Based on these discussions,
recommending that there be a slight change in the original development strategies.
After reviewing a number of development approaches that would best serve the I
Exhibit 2), staff proposes that Council consider an option which includes I) the form:
Joint Powers Agreement (JPA), 2) allow the City to hire an architect and operator
negotiate a separate construction contract through the JPA. The use of a JPA pro
2 9 0 0
* Page Two of Agenda e Bill No. 13 3 8b 0
r'
this agenda bill commit the City to the suggested development plan, However, stall that Council provide some guidance in order to allow the process to proceed. Wit1
direction from the City Council on how to proceed it is difficult to move forward with (
the existing teams.
The approach described above has the following benefits to the City:
Selecting an approach to assembling the ultimate development team now E
staff to proceed with the evaluation of the architects and operators included it
three teams of companies mentioned above without having to con:
qualifications of the ultimate contractor. The inclusion of the contractor in the
of the development teams would require that the City solicit formal bid
development of the course. The architect and operator can be hired by thc
under the professional services rules without the need for a formal bidding proc
The selection of the architect will allow the City to begin development of a fin,
plan and construction drawings. These drawings are essential to selecting
contractor to construct the course, and to developing accurate developrr
estimates.
The selection of the operator will allow the City to bring the golf course super
on board early in the process to work with the City and the architect in the desi
course to minimize maintenance costs, and improve playability.
The use of the JPA approach will provide a clear means for control of decisioi
authority. Under the prior proposal there was some confusion over how (
related to the course development, operations, and fees would be handled - v
Council have to be involved in course operation decisions or would there be
decision making body that would handle this task for the Council? Establishins
provides a clarification of responsibility.
0
0
The JPA board can convene, when necessary. In the initial stages o
development this would be as part of regular City Council agendas. During th
the board of directors could be the City Council. Once the course is develc
Council may choose to appoint a separate board and to allow that board to opc
course under general guidelines established by the City Council. (See final bul
This approach would be very similar to the way the Redevelopment Authority
District are currently run.
The JPA is exempt from some traditional public bidding and contracting requii
The negotiation process can provide a price as low as that which could be ach
bidding the project with the assurance that the contractors you are negotia
have the expertise to carry the project to completion, while assuring that the
achieve the quality demanded by the City Council. If the course were develope
City, the negotiated contract concept would not be available to the Council.
e 0
Page Three of Agenda Bill No. /? ?gb
Although staff has changed direction from a turn key project to a JPA development
staff is still looking at the three finalists. The best way to evaluate the three archi
operators is to see first hand how they have handled course development and mana!
other venues. This requires site visitations. The Selection Committee is proposir
selected public golf course projects completed by all three (3) finalist as an
component of the developer evaluation process. It is particularly important that the C
evaluate the work of the proposed golf course architects and the golf course operaL
members of the Selection Committee will document their individual assessments of
visit through the use of an evaluation form specifically developed for this project.
The staff has selected a number of representative courses which should be visited :
the evaluation process. A number of these courses are within driving distance of C
However, it will be necessary for the Selection Committee to visit three (3) public g(
projects in the Phoenix-Tucson area; 2 of the 3 have been recently completed
operated by the Raven Golf Group. The third course to be visited was designed I
Hills and Associates and is representative of his company’s design of a public go
project. The Council has previously indicated that it is important that the staff I
Committee and members of the Golf Course Steering Committee be very clear on tt-
of the courses developed by the finalists. The staff intends to ask that each memb
selection team visit as many of the representative courses as possible to assure thai
evaluation is fair and represents what is best for Carlsbad.
After the staff and Steering Committee members have completed the site visit analy
will return to Council with the following:
1.
2.
3.
4.
A report on the results of the site visits.
A recommendation on the selection of a golf course architect and operatc
The document necessary to form a Joint Powers Agreement (JPA).
A review of the course financing options.
The Council will have an opportunity to fully investigate the JPA proposal, financinc
and the results of the site visits prior to taking action on the selection of an archil
operator team.
Q 0 ' Page Four of Agenda ill No. 9 7Bk
FISCAL IMPACT:
In accordance with Council policy, staff requests approval for out of state travel
Selection Committee to visit and evaluate the recommended projects in the Phoenix -
area.
Costs are expressly limited to travel, lodging, meals, and car rental in accordance \ City's travel policy. The estimated cost is approximately $500 to $700 per person. Tt a total of 9 members of the Selection Committee. Some members of the Selection Co may be unable to attend the out of state site visits for personal and/or business sct reasons.
Sufficient funds exist in the Carlsbad Golf Course project account for these expenses
requiring further appropriations. Staff recommends approval of the request for out i
travel associated with this project.
EXHIBITS:
1. Resolution No. Yd-JRf approving out of state travel to evaluate golf architects and operators.
2. Golf Course Development Process Flow Chart
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RESOLUTION NO. 96-288
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
ARCHITECTS AND OPERATORS,
CALIFORNIA, APPROVING OUT OF STATE TRAVEL TO EVALUATE GOLF COUR!
WHEREAS, The City Council of the City of Carlsbad, California, has 1
authorized proceeding with the development of a Municipal Golf Course project; anc
WHEREAS, 3 teams of finalists have been selected which the City is con
consider for the development of said project; and
WHEREAS, said finalists have submitted detailed project proposals for said prl
WHEREAS, selected site visits of completed projects representative of the fin;
experience with Public Golf Course projects are important to the evaluation process;
WHEREAS, The City Council of the City of Carlsbad, California, hereb)
necessary, desirable, and in the public interest to authorize out of state travel for m
the Selection Committee to conduct site visits and evaluations of representative p
the finalists for said City project, specifically focusing on the work of the arc1
course operator members of the teams.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
California, as follows:
1. That the above recitations are true and correct.
Ill
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2. That out of state travel is hereby authorized, in accordance with City
members of the Selection Committee for the Carlsbad Municipal Golf Course
conduct site visits and evaluations necessary and advantageous to the Committee
recommendation to the City Council of an architect and operator to assist
development of said project.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Car
Council held on the 20th day of August , 1996, by the following vc
AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk 1
Staff presents development plan
to the City Council
other development options including
the more conventional public works
of a JPA as described in
the agenda bill.
Staff drafts report to
Council on results of
site visits
Tax Exempt Debt
> Lowest Cost of money
> General Fund Pledge
> Short term management
Contract
Private Financing
> Highest cost of money
b No General Fund Pledge
> Long term management
Note - Other financing
options may be available.
Staff will review all options
Contract with Council prior to
5 5
May 13, 1996
TO: CITY CLERK
MUNICIPAL PROJECTS MANAGE
TITLE POLICY: GOLF COURSE PROPERTY RECENTLY
PURCHASED BY CITY OF CARLSBAD
FROM: &
RE:
RESOLUTION NO. 96-1 04
Enclosed is a copy of the title policy issued to the City for the above referenced
acquisition. It should probably be placed in the acquisition agenda bill and resolution file
in your office.
Please give me a call with any questions.
C: City Attorney’s Office
i i
ASARO, KEAGY, FREELAND & MCKINLEY
ATTORNEYS AT LAW
FOURTH FLOOR FRANK L ASARO
ROSCOE D KEAGY 3170 FOURTH AVENUE
RICHARD R FREELAND
STEVEN A MCKINLEY
TIMOTHY M BARRY
SAN DIEGO, CALIFORNIA 92103
TELEPHONE (610) 297-2170
FACSIMILE (619) 2994260
May 8, 1996
Mr. John Cahill
Office of City Manager
Department of Municipal Projects
2075 Las Palmas
Carlsbad, CA 92009
Re: Carlsbad Airport Golf Course
Dear John:
Enclosed is Continental Lawyers Title Company Title Policy No. 75-00-7654
covering the real property described as Lot 61, 74 and 76 and the Remainder Parce
Carlsbad Tract No. 81-46.
The policy shows the title to the property vested in the City of Carlsbad subj
only to those certain permitted matters which were allowed under the Purch:
Ag reem en t .
Also enclosed is the invoice from Continental Lawyers Title for the cost of
policy. Would your office please pay this sum directly to Continental Lawyers Title.
If there are any questions, please advise.
Very truly yours,
A,~XEELAND ti MCK~NLEY
FRA KL.ASAR0
FWsks
Enclosures
------------------- __.----__ ---- ~___ _____^-_.__
sna~i -mea! ha
Subsidiary of
hwyer$tle Insurance (ijrporati
DESCRIPTION AMOUNT
I-ji>!t $f"F:*? < ,yI rr < j ',-:
'f 9 i: t.7
PLEASE RETURN DUPLICATE COPY WITH YOUR REMIl7ANCE
__- __- - - -
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B
THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein callec
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stat'
Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title; cEnPfi3@ntP,1 b&yQys TEtIe &
San Diego, cg&;&-f$s 922 4. Lack of a right of .access to and from the land; 45.42 &Jffs"nsr sirn
and in addition, as to an insured lender only:
5. The invalidity of un@nforc@ability of the lien of the insured mortgage upon the title;
6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schc
B in the order of its priority;
7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is st
in Schedule B, or the failure of the assignment shown in Schedule 6 to vest title to the insured mortgage ii
named insured assignee free and clear of all liens.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the ins
mortgage, as insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when countersigned I
authorized officer or agent of the Company, all in accordance with its By-Laws.
Ig~eziTde Insurance &omtion YdQ-+ Presil g; , lb. /, 'i ,.., :, gg 1925 w ti$ /$;
=-$ ,,..... ...- ..._., F ....co 1,
'.,*/I /e:.' _._ .
Secretary 'I,,, ...... ._.. .i 5 !,,*,$Mi;; ":-==
-.... .\\\,,, ----,~su~a~~*~, BY:
I, ,* i A*est Fd&g-
'\\\,,,...- -
Countersigned: copy 0% policy, m additional POLICY NUMBER liability assumed
Authorized Officer or Agent BY
EXCLUSIONS FROM COVERAGE
The following rnatters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, altorneys'
(a) Any law, ordinance or govenmental regulation (including but not limited to building or zoning lavds, ordinances, or regulations) restricting
hibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character. dimensions or location of any improvement now or on the land; (iii) a separation in ownership or achange in the dimensions or area of the land or any parcel of which the land is or was a part; c
tal protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in ti
at Date of Policy.
(b) Any governmental police power not excluded byfa) above, except to the extent that a notice of the exercise thereof or a notice of a deiec
brance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding fi
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Cate of Policy, but created, suf'iered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in w
pany by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured ckimant had paid value for the insured mortgage or for the insured by this policy. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure c
owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insui
is based upon usury or any consumer credit protection or truth in lending law.
Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of
by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
which arise by reason of:
1.
2.
3.
4.
5.
6.
Coversheet CLTA Standard C Dnhrw 7& I ithn I" I I q A
I. >td Q$ The following teri;!s when !:sed in :?is poiic:, (a) ',iirsured": tile insi'red named in Schedule >A3
rights or defenses tile Compaiil woiild have had ag sured, those who succeed to the iiiterest oi the nai;?
iion of iaw as distingGished from pi:rchase includ
to, heirs; distributees, devisees, suNi?,OrS, personal represcntaCives, nexi
of kin, or corporate 0; fiduciai-y successors. The ter~ "ins-red" also
includes payments made; or (i) Ihe owner oi ihe indebledness secured Sy ihc in:ured m!jri..
gage and each successor in owr?ership of the indebted .s excep a
SUCC~SSG~ W~G is an obligor under the provisions of S on i2(c) of
these Conditions and Siipulations (reseiving, however, rights and
defenses as tc any successor that ihe Company wotiid hatie nad against
any predecessor insureb, unless the successoi asquired the indebt"$-
ness as a purchase; lor value without knowledga oi :he ssseSe5 defect:
iien, encumbrance, adverse ciein 0: other matter insured agains~ by ;his
policy as affecting title to ::he estate or interest in the izi-2);
which is an insureror guarantor under an insurance contract 0; guarai
insuring oi guaranteeing the indebtedness secured by ihe insuied
gage, or any part theieof, whether named as an insura:! he-ein zr not;
(iii) the parties designated in Section 2(aj of these Condilions
and St i pu la1 io lis.
and secdred ",hereby and reasonable r,:mosr!:s exp:
deterioration of improvements, bul: reducer; b? i;>r
dill ixid b\, any Oove:ijrnerilai a if ?he agency or ,:he instriimei
uisition ci' the esizie or inter
(ai i
clai
its insurance contact or guarani.
(ii) any goverrmentai agency or governmenta! iqstrilmenl morigage, as insured, and which might cause !OSS or c the Company may be iiab!e by virtue of- this pclicy. ci est&? oi interest or"ihe !ion 0; the inscree mortgage, jecled as unma;k&&le. If prompt. nolicn, sha\\, nct be \
pamy, then as lo that insurec all liability of the Conpar
with regard to the mal!er or matters for which prompt r
provided, however, that failure to notify the Company
prejudice the rights ol any insured under this policy pany shall be prejudiced by the failure and then only ;O
prejudice.
4. DEFENSE AM2 PWOSECUTIOPd OF P,CT!C)NS: BU
GiA~&lAN-r TO CoaPERATE.
(a) Upon written request by an insured and subje
contained in Section 6 of these Conditions and Stipi:
the defense ol such insured in ,i:iaacion in vckici? any i a r,i2im adveTss to the t,iiie oi inlerest as insured, bu: stafed causes cf action alleging a.defect, lien or encu
maiier insured against by this poiicy. The Con7pany si- io select counse, oj its choice (subject to Ii7e iight c
object foi reascnable cause) to represent the insured i
causes of action and shall noi be liable foi and wili
of any other counse!, T!,~ company wi;l not pa)/ any
penses incurred by an insured in the dei'ense of those
which allege matters not insured agaifist by this pol (5) The Company shall have the right, ai its ow!? :
and prosecute any action or proceeding or to do a.n),
in its opinion may be fiecessar)i or desirable to esta
the estate or interest or the lien of the insured mort! or to prevent or reduce loss or damage 10 an insured.T
take any appropriate action under the terns o? this p
not it shall be liable hereunder: 2nd siia.11 not thereby or wai?ie any provision of this poiicy. If ?he Comnany
rights under this paragraph, ii shall do so diligenily
(c) Whenever the Company shall have h:ought an ac
e defense as required oi permitted by the provisions I
Company may pursue any litigation to final determii
of compelen'i juiisc'iction and expressly resexes tile
discretion, to appeal from any adverse judgment or
(d) In all cases wheie ihis policy permiis or reqiJi
to prosecute Oi provide for the drfensc of any Zciio:? 1
insured sIla11 SeCuie to the Company tile righi ic so
vide defense in the action or pioceeding, and ei: epp permit the Cornpay to USE, at its option, :he nzme oi
this purpose. Wilenever requested by the COmpan)., i
Company's expense: sha!! give the Ccnpany ai! reascn ac'iioi? or proceeding, securing evidence. obraininG wiiiie
or defending the action cr proceedins; c'r effecting sf in any other lawfui act which in '(he opinion of the C
necessacy or desirabie to establish ths titie to the est ihe lie? of the insuied mcf~gage as insured. IT the Corr,~ by :!?e failure of an insured io tarnish the reouiieo
Company's ob1igaiio;ls to such insured i;nGe; the polic luding any iiabiliiy or obligatior, to defend, orasecui~
galion, with regard 1s th pwoGF 81" LOSS 08
In addition to and aile
(b) "insured claimant": an insured claiming loss or damage.
(c) "insured lender": the owner of an insured mortgage.
(d) "insured mortgage": a. mortgage shown in Sciledule B, the owner
ai which is named as an insured in Schedule A.
(e) "knowledge" or "known": actual knowledge, no? constructive
knowledge or notice which may be imputed lo an insured by reason of
the public records as defined in this policy or any other records wiiich
impart constructive notice of matters affectins the land.
(f) "iznd": the land described or referred io in Schedule ii and improvements aiiixed thereto which by law constitu?e real propeny. The
term "land" does not inc!ude any property beyond the iines of the zre6
described or referred to in Schedule A, nor any right, title, interesi. estate or easement in abutting streets, roads, a-venues, alleys. lanes, ways or
waterways, but noihing herein shall modify or limit ?he exteni to whick a Tight
of access to and from !'le land is insued by this poiicy.
(g) "mortgage": mortgage. deed of trust, tius! deed, or other securi-
ty instrument.
(h) "public records": records established understate Stat3;eS at Date of Policy for the purpose of imparting constructive notice of mat:ers
reiating 13 real property to purchasers for value and \?/ithOUt inowledg,s.
(i) "unnarkrability of the title": an alleged Or 2ppaieni ma+.ter a!-
fecting !he iitle to the land. not excluded or excepted frOTii coverage,
which would entitle a purchaser of the estate or interest described in
Schedule A or the insured mortgage to be released from the 0bligz:ior.
to puxhase by virtue of a contractual coi:dition requiring the deliveiy
of rnarkelabie litle.
pany, a! its own cost and wilholii unreasonzble delay,
ON OF INSURARCE
iSi?iOr? Of %?!E h\' inSll?k?d Lender. 1
indebtedness secured by the ins coverage of :his polic;) shall coniinue in force as of Date oi Policy in
favor of (i) such instiren, lender who acqdires all or any pari of ?he es'iak
or interes+, in the la~d by foreclosure, trustee's sale, con\reyance iv, iieu of foreclosure, or oihei legai manner which discharges C3e !ien of ihe
insured mortgage: (ii) a. transferee of the estate or in;e:es aco,uirec.
from an insured coipoiation, provided the iransferee is parent Oi
wholly-owned subsidizry of the insured corporation. and tiieirccrgoiate
successois by operation oi 1s~~~ and not by purchase, subjeci ic any rights
or defenses -the Company may have against any predecesss: insureds; and (iii) ariy gouei'nmenral agency 07 governments1 insirurnefii h
acquires a11 Or any pa:: of ihe estate or interest purs~s.1: to c;. of insurance or gua.rarity insilring Oi guaranteeing the irdebtedness
the insuiec mortgage.
by a pu:chaser i~m Ih,e insured: oi oniy sn long as :he i7suied - s+-': , I r_: 1
not con'iinue i:: force in favor of any purchaser iron 27 insured Of eiikei
(i) an estate or :rteres: in ike !and, oi (ii) an indebiedness secuved by Conditions an.5 Slipcialions havr- 3een provid
gsge given to a.n insuied.
,c:a. -,-ha amount of jnsurance
~ .nee :;y an irisured lendei she
worn !c by zaci: inst:
thiq 90 tqis a'iler ti??
. @ on the title, or other matter insured against SI is policy which con; 7. DETERMINATION A, .J EXTENT 8% LlABiLITY.
1T8QNS AND STiPULATlOMS - CONTI
This policy is acontrac'c of indemnity against actual ble, the basis of calculating the amount of the loss or damage. If the or damage sustained or incurred by the insured Claiman
Company is prejudiced by the failure of an insured claimant to provide - fered loss or damage by reason of matters insured agains
the required proof of loss or damage, the Company's obligations to such and only to the extent herein described.
insured under the policy shall terminate, including any liability o'obliga- (a)The liability of the Company under this policy to an
tion to defend, prosecute, or continue any litigation, with regard to the shall not exceed the least of:
matter or matters requiring such proof of loss or dzmage. (i) the Amount of Insurance stated in Schedule A, o
In addition, an insured claimant may reasonably be required to sub- the amount of insurance as defined in Section 2 ic) ofthe mit to examination under oath by an authorized representative of the and Stipulations;
Company and shall produce for examination, inspection and copying, (ii) the amount of the unpaid principal indebtednc at such reasonable times and places as may be designated by any the insured mortgage as limited or provided under Sect
authorized representative of the Company, all records, books, ledgers. Conditions and Stipulations or as reduced under Section !
checks, correspondence 2nd memoranda, whether bearing a date before ditions and Stipulations, at the time the loss Or damage iI orafter Date of Policy, which reasonably pertain to the loss or damage. by this Policy Occurs, together with interest thereon; 0'
Further, if requested by any authorized representative of the Company, (iii) the difference between the value of the insure
the insured claimant shall grant its permission, in writing. for any teres? as insured and the value of the insured estate or in
authorized representative of the Company to examine, inspect and copy 10 the defect, lien or encumbrance insured against by '
all records, books, ledgers, checks, correspondence and memoranda . (b) In the event the insured lender has acquired the esi
the loss or damage. All information designated as confidential by an tions or has conveyed the title, then the liability of the C
insured claimant provided to the Company pursuant to this Section shall continue as set forth in Section 7(a) of these Cc not be disclosed to others unless, in the reasonable judgment of the Stipulations.
Company, it is necessary in the administration of the claim. Failure of (c) The liability of the Company under this policy to an
an insured claimant to submit for examination under oath, produce other of the estate or interest in the land described in Schedi
reasonably necessary information from third parties as required in the (i) the Amount of Insurance stated in Schedule
above paragraph, unless prohibited by law or governmental regulation, (ii) the difference between the value of the insure
shall terminate any liability of the Company under this policy as to that terest as insured and the value of the insured estate Or ir
insured for that claim. to the defect, lien or encumbrance insured against by
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMCHATlON (d) The Company will pay only those costs, attorney,
OF LIABILITY. penses incurred in accordance with Section 4of these C
In case of a claim under this policy, the Company shall have the Stipu'ations. 8. LIMITATION OF LiABiLlTY. following additional options: (a) If the Company establishes the title, or remove (a) To Pay OF Bender Payment of the Amount of jnsurancc or 40 Bur- defect, lien OF encumbrance, or cures the lack of a righ. or from the land, or cures the claim of unmarketability of chase the Indebtedness.
this policy together with any costs, attorneys' fees and expenses in- reasonabiy diligent manner by any method, includi;lg liti! curred by the insured claimant, which were authorized by the Company, completion of any appeals therefrom, it shall have fully
loss or damage caused thereby. pany is obligated to pay; or
(ii) in case loss or damage is claimed under this policy by the (b) In the event of any litigation, including litigation by
owner of the indebtedness secured by the insured mortgage, to purchase or with the c~~~~~~~~ consent the company shall have
the indebtedness secured by the insured mortgage for the amount owing loss or damage until there ha; been a final determinat,
thereon together with any costs, attorneys' fees and expenses incurred of corr,petent jurisdiction, and disposition of all appei
by the insured claimant which were authorized by the Company up to adverse to the title, or, if applicable, to the lien of the inSu
the time of purchase and which the Company is obligated to pay. as insured. If the Company offers to purchase the indebtedness as herein pro-
vey the indebtedness and the insured mortgage, together with any COI- 01 suit without the prior written consent of the Conpar lateral security, to the Company upon payment therefor. (d) The Company shall not be liable to an insured lent Upon the exercise by the Company of the option provided for in indebtedness created subsequent to Date of Policy excep'
paragraph a(i), all liability and obligations tothe insured under this policy, made to protect the lien of the insured mortgage and sec other than to make the payment required in that paragraph, shall ter- and reasonable amounts expended to prevent deterio minate, including any liability or obligation to defend: prosecute, or con- provements; or (ii) construction loan advances made subs€
tinue any litigation, and the policy shall be surrendered to the Company of Policy, except construction loan advances made subse for cancel I at ion. of Policy for the purpose of financing in whole or in part
Upon the exercise by the Company of the option provided for in lion of an improvement to the land which at Date of Policy
paragraph a(ii) the Company's obligation to an insured lender under this by the insured mortgage and which the insured was and policy for the claimed loss or damage, other than the payment required to be be obligated to advance at and after Date of Policy. made, shall terminate, including any liability or obligation to defend, 9. REDUCTTION OF INSURANCE; REDUCTION OR TEWk
prosecute or continue any litigation. UAB!L!TY.
(b). To Pay or Otherwise Settle With Parties Olher than the insured (a) All payments under this policy, except payments m
or With 'ihe insured Claimant. attorneys' fees and expenses, shall reduce the amount of
(i) to pay or otherwise settle with other parties for or in the name tanto. However, as to an insured lender, any payments mal of an insured claimant any claim insured against under this policy, acquisition of title to the estate or interest as p7ovideci ir together with any costs, attorneys' fees and expenses incurred by the of these Conditions and Stipulations shall not reduce
insured claimant which were authorized by the Company up to the time amount of insurance afforded under this policy as to any I of payment and which the Company is obligated to pay; or except to the extent that the payments reduce the am0
(ii) to payor otherwise settle with the insured claimant the ioss debtedness secured by the insured mortgage. or damage provided for under this policy, together with any costs, at- (b) Payment in par4 by any person of the princip
authorized by the Company up to the time of payment and wl?ich the or any voluntay partial satisfaction Or releaSe Of the iflSUI
Company is obligated to pay. to the extent of the payment, satisfaction or release, sha
Upon the exercise by the Company of either of the options provid- amount of insurance pro tanto. The amount of insurance n
ed for in paragraphs b(i) or b(ii), the Company's obligations to the in- be increased by accruing interest and advances mads tl
sured under this policy for the claimed loss or damage, other than the lien of the insured mortgage and secured thereby, with inti
payments required to be made, shall terminate, including any liability provided in no event shall the amount of insurance be grc or obligation to defend, prosecute or continue any litigation. Amount of Insurance stated in Schedule A.
stitutes the basis of loss or damage and shall state, to the extent possi-
in fhe ~Zody o~cor~tttjl of a third parly, which reasonably perfain 10 III ihe mariner described in Section 2(a) of these Conditio1
reasonably requested information or grant permission to secure exceed the least of:
(i) to pay or tender payment of the amount of insurance under wiSe establishes the lien of the insured mortgage alI a:
uP to Zhe time Of payment Or tender Of payment and which the 'Om- obligations with respect to that matter and shall not be
(e) The Company shall not be liable for loss or dam, vided, the owner Of the indebtedness shall transfer, assign, and con- sured for liability voluntarily assumed by the insured in sett
torneys' fees and expenses incurred by the insured claimant which were debtedness, or any other obligation secured by the hSui
continued on next pa!
e 'vohrtary salisfacilcn c: (c) TI?e &2ci;:+>aCy's
7- nalp ai! iiability of the c2~;- ne Conpay's ris
S, ~uaian~ees, other polic Terms or condiiions contained in :hose 'nstrcmenis whi
subrogetion rights by reason of this ~olicy.
The Ccinpany's right of subrogat'mon shali 1101 38 avoid
'ion of ,an insdred mortgage by an obligor (excep? an oblii-
Section l(aj(ii) of these [Conditions and Siipuiaiions) \
15 herezf2er executed by an insured ma which is a charge or lien on e insured mcr",gage as a resul? of an iodemnily, guaran?ec
ine sstate or interest described or referred to in Schedule A, ana !he ;nsui'ance, or bond ana the obligor will noi be an insur
amounr so paid shali be deemed a payment under tnis po!icy to the in- poiicy, notwiZhslanding Section 'i(a)(i) of ihese Cor
sured owner.
The provisions of :his Section shall not apply lo an insured lender,
unless such insured acquires iitli io said estate or interest in satisiac-
?ion of the indebtedness secvved by an insured rTioiigage.
:2. pg{%aENY QF LOSS.
(a) No payment shall be made wi:hcur producing ?his Dolicy for en-
dorsemeni of the paymenr unless ;he pciicy has Seen lost craestroyed,
in which case proof of loss or destruction shail be furnished !o the satistaction ol (he Company.
fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter.
'i2. SUBWOGAT,TIOM UWPd PAYMENT 8% SETTLEMENT.
Con d i t r o n s and Si i p u i a: i o 13,
he smount oi insurance :Jndsr this
S ii pula! ions.
-!X APR;-"-nd.T'O*J il*3 I nti, i a>.
iinless prohibited by a.ppiicabie iaw, sither the Ccmp
sur% may demand arbitration pursuant to the Tille lrisui
lion Rules of the American Arbitration Association. Arbit
may include, but are not limited to, any controversy or c
the Company and tila insured arising 02: of ci relating t
any setviceof ihe Company in connzctionwi'rh iis ISsuancF:
of 2 poiicy provision or other obligation. ,411 arbii.iabie ma?{
lion of either rhe Company or tile insured. ,411 arjiliabie r
the Amount of Insurance is in excess of $l,OOO,OOO shal!
only when agreed to by both ihe Company and the insure
pursuant to this policy ana under the Rules in eifec? on
demand for arbitration is made or, at the option of the insu
in effect at Date of Policy shall be binding upon the partie
may include attorneys' fees only i-i !he laws of the stale
iand is located permit a court io award artorneys' fees tc
party. Judgment upon the award rendered by the Arbitral
entered in any court having jurisdirtion thereof. The iaw of the situs of ihe land shall apply lo an arbi
?ne Title Insurance Arbitration Rules. A copy of the Rules may be obtained frorn the Co
fecjuest.
14. LiABlLlfY FIP6QfTE'g% TO TWlS PQL1CY; $QIjCY EWT!RE
(2) This poiicy together with ail endorsements. if any, att,
by the Company is the entire poiicy and contract betweer
and the Company. 1" interpreting any provision of this poiic
shall be construed as a whole. (b) Any claim of loss or damage, whether or not based or 2nd which arises out of the status of the title to the estat
covered hereby or by any action asserting such claim, shal!
to this policy. (e) No amendment of or endorsement to this policy c
except by a writing endorsed hereon Or attached hereto Sigr
the President, a Vice President, the Secieiary, an Assistar or vaiidating officer or authorized signatory of the Comp
$5. SEVERWBlbiTY. In the event any provision of the policy is held inva forceable under applicable law, the policy shail be deem1 clude thai provision 2nd ail other provisions shall remain and effect.
16. NQTiCES, WHERE SENT. All notices required to be given tne Company and any !
writing required to be furnished the Cornpany shail include
Of this PolicY and shall be addressed to the Company ai
Headquarters, 6630 West Broad Street, Richmond, Virg
Mailing address: P.0. BOX 27567, Richmond, \/irginia 2326
Company ai its PSCifiC States Office, 55 South Lake AVerlu€
Pasadena, CA 91101.
jb)'@Ihen Iiabili'ly and lhe Wen( oi loss or dam@ has been deiini.iely Amour?; of lilsuuance is $~.OOO,OOO or jess shali be aibiira
(a) The Company's Right of Subrogation
Whenever the Company shali have settled and pard a ciairn under
rhis policy. all right of subrogation shall vest in the Company unaffected by any act of the insured claimant.
The Company shall be subrogated io and be entitled to a11 rights and remedies which the insured claimant would have had against any person or property in respect to the ciaim had this policy not been issued. If requested by the Company, the insured claimant shall transfer
to the Company all rights and reniedies against any person or property necessary in order to perfect ?his right of subrogation. The insured c!aim-
amt shall permit the Company to sue, compromise or settle in the name
of the insured claimant and to use the riame of the insured claimant
in any transaction or litigation involving these rights or remedies. if a payment On aCCOUnt Of a Claim does not fully Cover the IOSS Of
the insured claimant, the Company shall be subrogated (i) as to an in-
sured owner, to all righis and remedies in the propoition which the Corn- pany's payment bears to the whole amount of the loss; and (ii) as 13 an insured lender, lo all rights and remedies of the insured claimant after
?he insured claimant shall have recovered its principal, interes?. 2nd
costs of collection.
If loss should resu.11 irom any aci of the insured ciaimani, as stzied
above, that act shall not void this policy, but the Company, in thai event.
shali be required to pay only that pari of any iosses insured against by this policy which shail exceed the amount, if any, losr to the Company
by reason of the impairment by the insured claimant of the Company's right of subrogaiion. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the Owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the
insured mortgage or its enforceabi!ity is not affected, may release or
substitute the personal liability of any debtor or guarantor, or extend
or otherwise modify the terms of payment, oi release a portion of the estzte or interest from the lien of the insured mortgage, or release any
collzteral security for the indebtedness.
When the permitted acts of the insured claimant occur and the in-
sur& has knowledge 07 any claim of title or interest adverse to the ti-
tle io the estate or interest or the priority or enforceability 0: the lien
of an insured mortgage, as insured, the Company shall be required to
pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by .'eason of the
impairment by the insured claimant of the Company's right of
k VJQRD OF THANKS.. .
As we make your policy a pait of our permanent records, we want to express our appreciation of this evidence oi yobr fait!
I here is no recurring premium.
This policy provides vaiuable title protection and we suggest you keep it in asafe place where it will be readily available for future referer
If you have any questions aboul the protection provided by this policy, contact the office that issued your policy or you may write
Lawyers Title Insurance Corporation. -
Consumer Affars Department
L iawyersp1e ~aisumnce (&xmlion
Policy 75 Litho in U.S.A.
051-0075-GOX Richmond. Virginia 23261
p.0. BOX 27557 Coversheet CLTH S!aodzrd Coverag,
ggg@ggzg=p&~$gg&y&g@j$g$g@;~g& ;i&gg&g-sgamKqe?7mgE
Ci w " K A z- L u 1y -IB Natiqml~
L~WXSK~ LE INSUKANLE
R' 1, Virginia
CLTA STANDARD COVERAGE POLICY 1990
Issued At: contirresltal Lawyers Title canparry
4542 Ruffner Street, San Diego, Calif- 92111
-A
..................................................................................... cmm €#LIcY AMOINTOF PRaaUM IIyIT&oFP - ruBniHm - .....................................................................................
202623-02 75-00-765-984 $300,oO0.00 $1,195.00 04/02/96 a
1. BmMzUF-:
The City of Carlsbad, a namicipal wa
2. THEEsTA!rEEoRINI"RIEIAM)~aIIs~BYllas~Is:
a fee
3. ~ToTHE~E~w'I[HEIANDxsvEsreDIN:
The CiQ of Carlsbad, a rrumicipal axporal5.a-i
4. I"RIE IAM) REFERRm To IN PIIS POLICY Is DEsauBm As FaLulllrJs:
The "- paroel" and Lots 61, 74 and 76, imlusive of Car- Tract h
Unit No. 3, in m City of Carlsbd, Cumty of San Diego, State of CalifOrni xzan3.q to &ip thereof No. 11289, filed in tk Office of the Cumty W
Dieq Cam-. - - 50% of all oil, minerdl, gas and utkr hydmatm subst belavadepthof 5oofeetumkr-tberealFaolperty~~~~ * , wiI3ml-t
of Surface eTtcy, as reserved by carlsbad PIXqmAl 'a, ap- 'p, in a dE
reccnded July 5, 1978 as File/- NO. 78-279136 Of Offici& -.
policy
* i
CLTA STANDARD COVERAGE POLICY-1990
POLICY NO. 75-00-765-984 oRDERM3.: 202623-1
SUiHWLEB
Twfs PQLICY DQIsm nA(apsr I&l6s ORElnMAQz, MIR- COSTS, ATlloR FgEBoR~,AwyoRAmcPMiIaiARIsE~~mTHE~:
PAKT1
1. TAxEsm~~aiAREmr~As~~BY~~oF !mxItuG m TIPLT Lgv1%s aEKgs OR - ON m - OR BY =
HJBLIC Rxlam6.
-m BY A RIIBLIC - WIIUI MU WT IN - OR-, OR I
OFSuM~~, wIEmEaxORN(IT-BYTHE- OFmlCHcYmB
HHlLIc RExxmDs.
2. A"mc?.cS,RIGWfi,~rn~~,wHIrn~~~BY~R mcxms HJT WIUi UmLD = lwmmmED By AN IlsPKTIm OF LAND mmal EIAY 2ssmTm BY Fm&as m HxsmsIm THmEm.
3. -,~OR-,OR&T,MiIaAREMIFBBY'
WBLXC Rx!aUs.
4. D-, CUWIXXS IN BDcHaARy m, m m ARE& -,
ANYWFMX'SMXXXA-mWOULDD-, AM)~CXiARE N(IT~BYTHE~~.
5. (A)-mCLAIFS; (B)-TIWSORmCIESINPATeSTSORn
AlmmummTHEIssIpINce~; (C)wATm~~,~OR'ITpLg'IOwATER,
WHEnieR~~THE~~~~ (A), (B) OR (C) ARESXXWBY- mc REx3oIzDs.
a m
CLTA STANDARD COVER”AGE POLICY-1990
POLJCY ND. 75-00-765-984 OFlDEFt m.: 202623-0:
smEwLEB
PAKTII
1. praperty taxes, including general and specidl taxies, personal lpm€E!*f tma if any, and any assessnents collected with taxres, to be levied far the fis
year 1996-1997 which are a lien not yet payable.
2. suaplemental oil: escaped assesmmts of m ti%=, if any, -
pursuant to the Bsvenue ard Tawti- code of the State of Califorrda.
The lien of a “special Tax” pnsuant to Gmerrmmt code, Section 53328.3 a streets and Highways Code Section 3114.5 or ather Camaau ‘ty Facilities Assessnents, as provicbd by Municipal code which is c0lleCt;ed with the Cm
~n easement for the purpose shown bel- am3 rights inzickntal. thereto as s
forth in a doament
San Diego Gas and Electric -, a OmparatFOn Granted to:
purpose:
Recmded: Aprfl 15, 1954 in Book 5205, Page 416 of Official
Affe2.S:
Ref- is made to said doc=Lpnent for full particulars.
An easemEglt fcxr the pu~pose slnm blow ard rights incidentdL thereto as s
forth in a dommmt
‘C(-x=Y, aw- Granted to: SanDiegOGasand~
purpose: rnles, wires and andmage far the - distrihtim of electricity an3 imickntal plrpose
Feux7kd: psril 15, 1954 in Book 5205, Pqe 419 of Official
Affezts:
Ref- is made to said -t far full -.
An easemEglt far tb purpose shown below and rights incideptal- as s forthina-t
Granted to: Car- Municipal Water District, a nunicipal wat
district
purpose: Pipe line or pipe lines
Reomded: Oztnbex 19, 1961 as File/- No. 181791 of Offid
FexlrdS
Affeds: Lcyt 76, as ShaJn CI? said Map 11289
3.
(and city) General and special Taxes.
4.
an .. poles, wires and andmage for the translusslon
distxibuticxl of electricity and tal prrpose
R2adS
Lot 76 as sbawn rn said Map 11289
5.
an ..
raeomds Lot 76 as shown cn said Map 11289
6.
s i
B3RDER m.: 202623-0:
-B
(-1
7. Anagreement to which ref^ isherebymade far full particulars
By and betven: paltlllar Business Park d*b.a, Airport wlsiness &nu
CarlsbadardtheCityofCarlsbad, annmiciplmq
Far the payment of a public facilities fee
F&xxtkd: - 16, 1981 as File/- No. 81-361926 of of:
Records
"-e right to extend andmaintaindrahage structures and excavam and eul
-=andmain-.
Gtranted to: Reamkd: 24pril 5, 1985 as File/- No. 85-117679 of Officii
Dated: - 29, 1980
8.
slopes keyuxl the limits of the right of way grant& - ' -requirer
mty of San Diega -
9. Matters contained inthededicatialstatl3-lEnt ar -on the w ar map slnm below, which amrg ather things pmvide: TtzKTt/Parcel Map: 11289
provisions: as follows:
l%&mlrltagreestoinderrpll 'fy and hold th City of Carlsbad hamless frun
against (1) liability far perscllal injury, (2) liability forr lpoperty dam (3) liability resultirg from judgments rendered in Inverse Ca-dmmticn k
ThisIndemtu 'ficaticm shall ag@ly to the fcxegoing types of liability whid
caused 17u or result fran (1) the qxzcaticn of Tb Pal- Airpcnt, (2) AiJ
using manar Airpmt ar (3) The city's - of the final Map far thi:
project. ThisIndemu 'ficaticm shall apply to that m of the Project within the FAA "Clear Zone" ar ''Crash Za&' as identified on the BxLrnm - w (EIR 81-6) - in m with Declarant's Applicat
final Map far the Project, This psrovision shall be bhrliq qxn and shaL and as!
shall be lzdhved of all &ligaticns, duties, 7xxpmdd ' ' ities, ard IiabL
to the benefit of Declarant's SUOCeSSC#S in-inteIeSt, transferees, upon the transfer ar assigrmnt of the p-mpmy making upon the Project, I
imposes upon it by this Indmmificaticm, pmvickd that Da2larantS' sucoes!
expresly v such obligatims, This provision shall run with tk b
Ma- ocntained in theckdicaticnsta-t 0.r~ on the - or map shclwn below, which anmq ather things provide:
'kact/paroel Map: 11289
ProviSiCAS! as fallaws!
10.
* a
ORDER ND.: 2026234
SCXEWLEB (-1
NOTE: This Subdivisia is apEnaved upon the eqress Canditim that wllldi~
permits will not be m far c3svel-t of the subject prqpexty unless - m3*- ' that sewer facilities are available at tbe time of agp:
for such m pennits H will antinu= m be available untile time of oa
If the city Erg- determines that sewez: facilities are not available, B
permits will not be issues.
AN3 as follows:
"This subdivisicn ccmtains a remainder parcel. NobuildingpennitshallbE far the remainder parcel until it is further subdivided pursuant to the PIX
of Ti- 20 of the Carlsbad Municipal code."
Thefactthatthe- 'p of said land does not include rights of access
fran the street ar him abutting said land krrrwn as Collqe Boulevard, 5
raemainder paroel" and Iots 74 and 76 as shown on s Affects:
11.
bythemapofsaidTract. rights having m rei-
II
m
12. An -t for the pu~poses m below ard rights -&tal tkreto as I
as offered for dedication on tf.e reoorded llpap ShCkJn belaw.
Map No.: 11289
purpose: OF-sPaoe Affects: m76, assoWncnsaid~
LimiI3tia-s a-i the use, by tfre owners of said land, of the easement area, i aut in the dedication statement of the map of -the suWivision shown below.
subdivisictl: 11289
An easanent far the pl~poses sbwn below and rights incidental thereto as b
as offered far dedication on the reoMded map Skmm below.
Map No.: 11289
Pax&" and lat 76, as shown on sail purpose: Affects: The "- 13.
=m,v,
- 5-
r
-m
e e 4 CITY OF CARLSBAD RONALDR BALL
CITY ATTORNEY
D RICHARD RUDOLF 1200 CARLSBAD VILLAGE DRIVE
CARLSBAD CALIFORNIA 92008-1989
(619) 434-2891
FAX (61 9) 434-8367
ASSISTANT CITY 4TTORNEY
JANE MOBALDI
DEPUTY CITY ATTORNEY April 15, 1996
Richard R. Freeland, Esq.
Asaro, Keagy, Freeland, & McKinley
Fourth Floor
3170 Fourth Avenue San Diego, California 92103
RE: CARLSBAD AIRPORT CENTRE (GOLF COURSE PROPERTY)
Dear Mr. Freeland:
Thank you for sending copies of the closing documents regar
the Carlsbad Airport Centre.
Please be kind enough to send the original documents to Rautenkranz, City Clerk at 1200 Carlsbad Village Drive, Carls
Ver truly yours,
&fb/w City Attorney
J rmh
c: City Clerk
Municipal Projects Manager