HomeMy WebLinkAboutCT 97-13-02; CARLSBAD OAKS NORTH PHASE 2; Engineering Application«~ ~ CITY OF
CARLSBAD
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Engineering Department
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
C I t II omp e ea aooropria em· orma 10n. . t . f f rte w en no app: 1ca W ·t N/A h t r bl e.
Project Name: Cc1rlsbad Oaks North Business Park Date: 11/02/09
Project Description: Lot line adjustment between Lot 14 of Map 15505 arid the Phase 3 boundary
Project Address: Faraday Avenue and Whiptail Loop.
Lot No(s).: 14 and por. Lot B Map No.:_ 1.5505 and 823 APN{s): 209-120-11 and 17
Number of Lots: 2 Number of Acres: 70.7 Miles of Trails: N/A
Owner: Carlsbad Oaks North Partners Applicant: Carlsbad Oaks North Partners
Mailing Address: P:O. Box 80036 Mailing Address:
-,
P.O. Box 80036
San DieQo, CA 92138 San Diego, CA 92138
Phone Number: 619-223-1663 Phone Number: 619-223-1663
Fax Number: 619-223-2865 Fax Number: 619-223-2865
E-mail: ted@techbilt.com ·E-mail: tedl@techbilt.com
· i certify that I am the legal owner and that all the above
information is true and correct to the best of my knowledge. ~~o. I tiz.-/o:-1 Signature: <-~ c~te: 11 { L[oc<..: Signat1,1re: . . . . ./ Date.
· Civil Engineer: Tim Carroll Soils Engineer: Emilio Alvarado
Firm: O'Day Consultants Firm: Geocon
Mailing Address: 2710 Loker Avenue West, Ste. 100 Mailing Address: 6960 Flanders Drive
Carlsbad, CA 9201 o San Diego, CA 92121
Phone Number: 760-931-7700 · Phone Number: 858-558-6900
Fax Number: 760-931-8680 Fax Number: 858-558-6159
E-mail: timc@odayconsultants.com E-mail: alvarado@Qeoconinc.com
, State Registration Number: 55381 State Registration Number: 66195
Additional Comments:
. -
IMPROVEMENT VALUATION
1. What water di$trict is the proposed project located in? (check one)
[Z] Carlsbad Municipal Wateir District E:I Oliverihain E:I 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 Carlsbac;I M1.1nicipal Water District.only), street, public
. (median) landscape and irrigation, and drainage improvements (if applicable)? $ N/A
GRADING QUANTITIES
.. cut N/A cy fill N/A cy remedial N/A cy import N/A cy export N/A cy
E-23 Pag~ 1 of 2 REV 7/7/09
{ .~ -:-----------
«~ ~ CITY OF
CARLSBAD
APPLICATION FOR
(check all that apply)
0 .Certificate of Compliance (CE)
0 Dedication of Easement (PR)
Type:·
Type:
D Encroachment Permit (PR)
D Final Map (FM)
0 Grading Plancheck (DWG)
D lmp~ovemerit Plancheck (DWG)
0 Parcel Map (PM)
D Quitclaim of Easement (PR)
Type:
D Reversion to Acreage (RA)
tJ Street Vacation (S1V)
O·Tentative Parcel Map (MS)
D Certificate of Correction (CC0R)
D Covenant of Easement (PR)
Substantial Conformance
Exhibit SCE
D Trails D < mile D > mile
D Other
E-23
APPLICATION
ENGINEERING
PLAN CHECK
E-23
Page 2 of 2
Development Services
Engineering Department
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
REV 7/7/09
-Form No.14
CLTA Subdivision Guarantee (4-10-75)
SUBDIVISION GUARANTEE
Order Number: 2246782
Page Number: 1
Fee: $250.00 Subdivision: Carlsbad Tract No. 97-13-02
Carlsbad Oaks North Phase 2
First American Title Insurance Company,
a califorllia corporation
GUARANTEES
The County of and ;;my City within which said subdivision is located in a sum not exceeding $1,000.00.
That, according to those public records which, under the recording laws, impart constructive notice of
matters affecting the title to the land included within the exterior boundary shown on the map of the
above referenced subdivision, the only parties having any record title int(;!rest in said land whose
signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates
consenting to the recordation of said map and offering for dedication any streets, roads, avenues and
other easements offered for dedication by said map are:
Carlsbad Oaks North Partnership, LP., a California limiteo partnership, as Owner
Western insurance Holdings, Inc., as Trustee under Deed(s) of Trust recorded December 16, 2004, in Book
as File No. 2004-1183796, of Official Rec.ords.
___ -'----'-Th=e sig natyr:g_Qf the fol.19..wlngJlas_been__omitteclundertbe_pr:ovision.of.Sectio1+66436rStlbseGtiGA -Ea-)-E3)-(+)-------
of the Subdivision Map Act. Their interest is such that it cannot ripen into fee title and said signature is not
required by the Governing body:
None
The map hereinbefore referred to is a subdivision of:
A PORTION OF LOT 'B' OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 8 OF MAP NO. 14926, SAID MAP BEING RECORDED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 15, 2004; THENCE,
ALONG THE NORTH LINE OF SAID LOT 8, NORTH 52 DEGREES 24'48" WEST 146.62 FEET; THENCE,
CONTINUING ALONG SAID NORTH LINE, SOUTH 81 DEGREES 17'56" WEST 257.72 FEET; THENCE,
CONTINUING ALONG SAID NORTH LINE, SOUTH 73 DEGREES 53'40" WEST 326.03 FEET TO THE
BEGINNING OF A 750-FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE WESTERLY ALONG THE
. ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 DEGREES 25'45" A DISTANCE OF 136.52
First Ameri~an Title Company
Form No.14
CLTA Subdivision Guarantee (4-10-75)
-
Order Number: 2246782
Page Number: 2
FEET; THENCE, CONTINUING ALONG SAiD NORTH LINE, SOUTH 84 DEGREES 19'25" WEST 287.42
FEET TO A POINT ON THE EAST LINE OF WHIPTAIL LOOP OF SAID MAP 14926, SAID POINT BEING ON
A NON-TANGENT 664-FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THE RADIAL TO SAID
POINT BEARS NORTH 79 DEGREES 40'33" WEST; THENCE, LEAVING THE NORTH LINE OF SAID LOT 8
ALONG. SAID EAST LINE, NORTHEAST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 10 DEGREES 38'57" A DISTANCE OF 123.41 FEET; THENCE, LEAVING SAID EAST LINE, NORTH 69
DEGREES 01'36" WEST 72.00 FEET TO A POINT ON THE WEST LINE OF SAID WHIPTAIL LOOP, SAID
POINT BEING ON A NON-TANGENT 736-FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THE
RADJAL TO SAID POINT BEARS NORTH 69 DEGREES 01'36'; WEST; THENCE, ALONG SAID WEST LINE,
SOUTHWEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07 DEGREES 05'19" A
DISTANCE OF 91.06 FEET TO THE NORTHEAST CORNER OF LOT 7 OF SAID MAP NO. 14926; THENCE,
LEAVING SAID EAST LINE ALONG THE NORTH LINE OF SAID LOT 7 NON-TANGENT TO SAID CURVE,
NORTH 52 DEGREES 33'23" WEST 148;70 FEET; THENCE, CONTINUING ALONG SAID NORTH LINE,
SOUTH 48 DEGREES 06'30" WEST 21.89 FEET TO THE BEGINNING OF A 100-FOOT RADIUS CURVE
CONCAVE TO THI; NORTHWEST; THENCE SOUTHWEST ALONG THE ARC OF-SAID CURVE THROUGH A
CENTRAL ANGLE OF 34 DEGREES 22'48" A DISTANCE OF 60.00 FEET; THENCE SOUTH 82 DEGREES
29'18" WEST 147.20 FEET; THENCE NORTH 89 DEGREES 14'55" WEST 410.06 FEET; THENCE, LEAVING
THE NORTH LINE OF SAID LOT 7, NORTH 01 DEGREES 47'45" EAST 456.47 FEET TO A POINT ON A
NON-TANGENT 56-FOOT RADIUS CURVE CONCAVE TO THE WEST, THE RADIAL TO SAID POINT BEARS
SOUTH 11 °27'18" EAST; THENCE NORTHEAST, NORTH AND NORTHWEST ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 147 DEGREES 53'13" A DISTANCE OF 144.54 FEET; THENCE,
NON-TANGENT TO SAID CURVE, NORTH 89 DEGREES 09'41" EAST 153.25 FEET; THENCE NORTH 00
DEGREES 31'59" EAST 376.85 FEET; THENCE NORTH 89 DEGREES 28'01" WEST 45.73 FEET; THENCE
NORTH 00 DEGREES 31'59" EAST 420.80 Ft:ET TO A POINT ON THE SOUTH LINE OF LOT 12 OF SAID
MAP NO. 14926; THENCE, ALONG SAID SOUTH LINE, SOUTH 89 DEGREES 28'01" EAST 521.65 FEET;
THENCE, CONTINUING ALONG SAID SOUTH LINE, NORTH 82 DEGREES 17'18" EAST 104.68 FEET;
THENCE NORTH 89 DEGREES 21'35" EAST 387.82 FEET; THENCE SOUTH 77 DEGREES 54'25" EAST
169.39 FEET; THENCE SOUTH 63 DEGREES 21'08" EAST 349.33 FEET; THENCE SOUTH 48 DEGREES
46'40" EAST 338.16 FEET TO A POINT ON THE EAST SUBDIVISION LINE OF SAID MAP NO. 14926;
THENCE, LEAVING THE SOUTH LINE OF SAID LOT 12 ALONG SAID EAST ~INE, SOUTH 02 DEGREES
40'01" EAST 963.90 FEET TO THE POINT OF BEGINNING.
Dated: 10/25/2006 at 7:30 A.M.
Fitst American Title Company
FormN9. 14
CLTA Subdivision Guarantee (4-10-75)
-
Order Number: 2246782
Page Number: 3
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurance are provided in Schedule A of this, Guarantee, the Company assumes no liability for loss or damage by
reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (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 ~~es 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.
(c) (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 pupllc; records.
2. Notwithstanding .any specific assurances which are-provided In Schedule A of this Guarantee, 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 expressly described in
the description set forth In Schedule (A), (C) or In Part 2 of this Guarantee, or title to streets, roads, c1venues, lanes, ways or waterways to which such
land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or Improvements; or·any rights or easements therein, unless such
property, rights or easements are expressly arid specifically set forth In said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or notshown by the public records; (1) which are created, suffered,
assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result In the Invalidity or potential
invalidity of any judiclal:or non-judicial proceeding which is within the scope and purpose of the assurances,provlded.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validJty, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE·CONDMONS AND STIPULATIONS
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 this Guarantee, or on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule (A) (C) or In Part 2, and Improvements affixed thereto which by law constitute real property.
The term "land" does-notlnclude any property beyond the.lines ofthe area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title,
interest, estate or easement 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" : records established under state 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": the effective date.
2, Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in wrltirig in case knowledge shall come to an Assured hereunder of any claim of title or Interest which is
adverse to the title to the estate or Interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of
_____ this Guarantee.Ifpro~ notice shall not be _gi'[en to the CQIDQan'>', then.all liabllity:-otth~.C.o.rnpan~sballtea:ninate.with .r.egar.d.to.tbe..rilannei:..oi:. ------·------·-
··--matters for which prompt notice is required; provided, however, that failure to notify the Company-shall-In no case prejudice the-rights of any 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·Claimant 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
(b ), or to do any other act which In its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to
establish the lien rights of the Assured, 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) lfthe Company elects to exercise its options as stated In Paragraph 4(a) the Company sh\lll have the right to select counsel of its choice (subject to
the right of such 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 bythis 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, an Assured shall secure
to the Company the right to so prosecute or provide for t_he defense of any action or proceeding, and all appeals therein, and permit the Company to
use, at its option, the name of such Assured for this·purpose. Whenever requested by the Company, an Assured, at the Cqmpany's expense, shall give
the Company all reasonable aid in any action qr 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 title to the estate or interest as stated herein, or to establish the
lien-rights of 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.
First American Title Company
Form No.14
CLTA Subdivision Guarantee (4-10-75)
5. Proof of Loss Damage.
-
Order Number: 2246782
Page Number: 4
In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss
or damage slgnec;I and sworn to by the Assured shall be furnished to the.Company-within ninety (90) days after the Assured shall ascertain the facts
giving rise to the ·toss. or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss
or damage and shall state, to the extent possible, the basis.of calculating the arnount of the loss or damage. If the Company Is prejudiced by the
failure of the Assured to provide the required proof of loss or damage, the Company's-obligation to such Assured under the Guarantee shall terminate.
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,copylng,. at such reasonable times and places as may be designated by any authorized representative of the
Company, all records, bool<s, ledgers, checks, correspondence and memoranda, whether !;>earing 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, ledgf:lrs, checks,
correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the loss damage. All information designated as
confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, In the reasonable judgment of
the Compa,ny, it Is necessary In the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably
requested0lnformation of grant permission to secure reasonably, necessary·lnformat1on 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. Qptions to Pay or Otherwise Settle Claims: Termination of Liability. ·
In case of a claim under ~his Gu<1rantee, the Company shall have the following additional-options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result In loss to the Assured
within the coverage of tt\ls Guarantee, or to pay the full amo1,1nt of this-Guarantee or, If this Guarantee is issued for the benefit of a holder of a
mortgage or a llenholder, the Company shall have th_e option to· purchase the indebtedness secured by said mortgage or said lien for the amount owing
theriion, tqgether with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized. by the Company up
to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all llabillty of the Company hereunder. In the event
after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such
indebtedness shall transfer and assign said indebtedness, together with any collateral. security, to the Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for In Paragraph (a) the Company's obligation to the Assured under this Guarantee for the
claimed loss .or damage, other than to make the paymentrequired in that paragraph, shall terminate, Including any obligation to continue the defense
or-prosecution of any litigation for which the Company has exercised its options-under Paragraph 4, and the Guarantee shall be surrendered to the
Company for cancellation. . .
(b) To Pay Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or In the name of an Assured cla1m·ant any claim Assured against under this Guarantee, together with
any costs, attorneys' fees and expenses Incurred by the Assured-claimant which were authorized by the Company up to the time of payment and which
the Company is obligated to pay.
Upon the exercise by the·Company·of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the payment required In· that paragraph, shall terminate, including any obligation to continue the defense
or prosecution.of any litigation for which the Company has exerclsed.lts·options under Paragraph 4.
7. Detennination and·Extent of Liability.
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 lri this Guarantee and only to the extent herein described, and subject to the Exclusions
From CoverageofThis Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the least of:
_______ ,_ -(a)..the.amount.o!liabiHty-stated-Jn-5':Aedwe-A-Gr~R-Part-it----------~ -·-----. ------------------
(b) the amount of the unpaid principal Indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these
Conditions and Stipulations or as reduced under Section 9·of these Conditions and Stipulations, at the time the loss or damage Assured against by this
Guarantee o~urs, together with interest thereon; or
( c) the difference between the value of the estate or Interest covered hereby as stated herein and the value of the estate or interest subject to any
defect, lien or encumbrance Assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the title, or 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 litlgatio_n and the completion of any appeals therefrom, it sh<1II have fully
performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent, the Company sh~II 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, adverse to the title, as stated herein.
(c) the company shall not be liable for loss or damage to any.Assured for liability voluntarily assumed by the Assured in settling any claim or suit
without the prior written consent of the Company.
9. Reduction of Liability or Tenninatlon of Liability.
All payments under this-Guarantee, except payments made for co$, attorneys' fees and expenses P.Ursuant to Paragraph 4 shall reduce the amount of
liability pro,tanto.
10. 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·liablllty and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within thirty (30) days thereafter.
11. 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
First American Title Company
Form No.14
CLTA Subdivision Guarantee (4-10-75)
Order Number: 2246782
Page Number: 5
The Company·shall be subrogated to and be entitled to all rights and remedies which the·Assured·wouid 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 ac_count of a claim .does not fully cover the loss of the Assured the Company shall be subrogated to ·an rights and remedies of the
A_ssured after the Assured shall have recovered its. principal, interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Ins4rance Arbitration Rules of the
American Arbitration Association. 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 c6miection with its.issuance or the breach of a Guarantee provision
or other obligation. All arbltrable matters when-the Amount of ~!ability is $1,000,000 or less shall be arbitrated at the option of either the Company or
the Assured. All arbltrable matters when the amount of liability is In excess of $1,000,000 shall be arbitrated only when agreed to by both the
Company and the Assured. The.Rules in effect at Date of Guarantee shall be binding upon the.parties. The award may include attorneys' fees only if
the laws of the state-in which the land is located permits a court to award attorneys'·fees to a-prevailing party. Judgment upon the award rendered by
the Arbitrator(s) may-be entered In any court having jurisdiction thereof.
The law of the sftus of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. 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 heretp signed by either the
President, a Vice President, the Secretary, and Assistant Secretary, or validating officer or authorized signatory of the Company.
14. Notices, Where Sent.
Ali 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 2 First American Way, Bldg-2, Santa Ana, California, 92707.
---------------------.------------. -------------------------
Rrst American title Company