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HomeMy WebLinkAboutContracts & Agreements_232A-2013_CCv0001.pdf Lawyers Title 1.6t Lammers Tit e 4100 Newport Place Drive,Suite 120 Newport Beach,CA 92660 Phone: (949)724-3170 June 18, 2014 City Clerk's Office City of Redlands P.O. Box 3005 Redlands, California 92373 YOUR REF: 9307756 OUR NO.: 09307756 Property: 855 & 875 ALABAMA STREET AND 1600 & 1.625 INDUSTRIAL PARK AVENUE, Redlands, CA 92375 Policy No.: CA-FXFC-IMP-81067-1-14-09307756 Dear Customer: Attached is your CLTA Standard Coverage Policy of Title Insurance, per your instructions. NOTE: Your policy is a computer generated product. Although lacking color and "live" signatures, it is the original of your policy. Thank you for selecting Lawyers Title Company for your transactional management needs. Enclosure Commonwealth Land Title Insurance Company P Y POLICY NO.: CA-FXFC-IMP-81067-1-14-09307756 CLTA STANDARD COVERAGE POLICY OF TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Nebraska corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in 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; 4. Lack of a right of access to and from the land; and, in addition, as to an insured lender only: 5. The invalidity or unenforceability 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 Schedule B in the order of its priority, 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the 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 insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Countersigned by: - � Authorized Signature Authorized Signature 81067 CLTA Standard Coverage Policy 1990 Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN TITLF members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land LANDff11CIATIONAT�O�' Title Association. ,Order No.: 09307756-903-CMC Policy No.: CA-FXFC-IMP-81067-1-14-09307756 EXCLUSIONS FROM COVERAGE The following matters are expressly excludedfrom the coverage of this policy and the Company will notpay loss or damage,costs, attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (including but not limited to building or zoning laws,ordinances,or regulations) restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoymentof the land; (ii)the character,dimensions or location of any improvement now or hereafter erected on the land,(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,exceptto the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred priorto Date of Policy which would be binding on the rights of a purchaserfor value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, 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 writing to the Company by the insured claimant prior to the date the insured claimant became an insured underthis policy; (c) resulting in no loss or damage tothe 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 claimant had paid value forthe insured mortgage or for the estate or interest insured by the policy. 4. Unenforceabilityof the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. S. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit prote¢bn or truth in lending law. 6. 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 the insured lender, by reason of the operation of federal bankruptcy, state insolvency,or similar creditors' rights laws. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS contract or guaranty insuring or which a right of access to and from the land The following terms when used in this guaranteeing the indebtedness secured by is insured by this policy. policy mean: the insured mortgage,or any part thereof, (g) "mortgage": mortgage, deed of (a) "insured": the insured named in whether named as an insured herein or not; trust, trust deed, or other security Schedule A, and, subject to any rights or (ill) the parties designated in instrument. defenses the Company would have had Section 2(a) of these Conditions and (h) "public records": records against the named insured, those who Stipulations, established under state statutes at Date of succeed to the interest of the named insured (b) "insured claimant": an insured Policy for the purpose of imparting by operation of law as distinguished from claiming loss or damage. constructive notice of matters relating to purchase including,but not limited to,heirs, (c) "insured lender": the owner of an real property to purchasers for value and distributes, devisees, survivors, personal insured mortgage. without knowledge. representatives,next of kin,or corporate or (d) "insured mortgage": a mortgage (i) "unmarketability of the title": an fiduciary successors.The term"insured"also shown in Schedule B, the owner of which is alleged or apparent matteraffecting the title includes named as an insured in ScheduleA. to the land, not excluded or excepted from (1) the owner of the indebtedness (e) "knowledge" or "known": actual coverage,which would entitle a purchaser of secured by the insured mortgage and each knowledge, not constructive knowledge or the estate or interest described in successor in ownership of the indebtedness notice which may be imputed to an insured Schedule A or the insured mortgage to be except a successor who is an obligor under by reason of the public records as defined in released from the obligation to purchase by the provisions of Section 12(c) of these this policy or any other records which impart virtue of a contractual condition requiring Conditions and Stipulations (reserving, constructive notice of matters affecting the the delivery of marketable title. however, all rights and defenses as to any land. 2. CONTINUATION OF INSURANCE successorthat the Company would have had (f) "land": the land described, or (a) After Acquisition of Title by Insured against any predecessor insu red,unless the referred to in Schedule A,and improvements Lender. If this policy insures the owner of successor acquired the indebtedness as a affixed thereto which by law constitute real the indebtedness secured by the insured purchaser for value without knowledge of property.The term"land"does not include mortgage,the coverage of this policy shall the asserted defect, lien, encumbrance, any property beyond the lines of the area continue in force as of Date of Policy in favor adverse claim or other matter insured described or referred to in Schedule A, nor of(i) such insured lender who acquires all of against by this policy as affecting title to the any right,title,interest,estate or easement any part of the estate or interest in the land estate or interest in the land); in abutting streets, roads, avenues, alleys, by foreclosures,trustee's sale, conveyance (ii) any governmental agency or lanes, ways or waterways, but nothing in lieu of foreclosure,or other legal manner governmental instrumentality which is an herein shall modify or limit the extent to which discharges the lien of the insured insurer or guarantor under an insurance mortgage; (ii)a transferee of the estate or Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA .r+LaccAy members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land `—" " ' ASSaICATIU V Title Association. .Order No.: 09307756-903-CMC Policy No.: CA-FXFC-IMP-81067-1-14-09307756 interest so acquired from an insured insured mortgage,as insured,is rejected as such insured for this purpose. Whenever corporation, provided the transferee is the unmarketable.If prompt notice shall not be requested by the Company, an insured,at parent or wholly-owned subsidiary of the given to the Company, then as to that the Company's expense, shall give the insured corporation, and their corporate insured all liability of the Company shall Company all reasonable aid(!) in any action successors by operation of law and not by terminate with regard to the matter or or proceeding,securing evidence,obtaining purchase,subject to any rights or defenses matters for which prompt notice is required; witnesses, prosecuting or defending the the Company may have against any provided,however,that failure to notify the action or proceeding, or effecting predecessor insureds; and (iii) any Company shall in no case prejudice the settlement,and (ii) in any other lawful act governmental agency or governmental rights of any insured under this policy unless which in the opinion of the Company may be instrumentality which acquires all or any the Company shall be prejudiced by the necessary or desirable to establish the title part of the estate or interest pursuant to a failure and then only to the extent of the to the estate or interest or the lien of the contractof insurance or guaranty insuring or prejudice. insured mortgage, as insured. If the guaranteeing the indebtedness secured by 4. DEFENSE AND PROSECUTION OF Company is prejudiced by the failure of an the insured mortgage. ACTIONS; DUTY OF INSURED insured to furnish the required cooperation, (b) After Conveyance of Title by an CLAIMANT TO COOPERATE the Company's obligations to such insured Insured. The coverage of this policy shall (a) Upon written request by an insured under the policy shall terminate, including continue in force as of Date of Policy in favor and subject to the options contained in any liability or obligation to defend, of an insured only so long as the insured Section 6 of these Conditions and prosecute, or continue any litigation, with retains an estate or interest in the land, or Stipulations, the Company,at its own cost regard to the matter or matters requiring holds an indebtedness secured by a and without unreasonable delay, shall such cooperation. purchase money mortgage given by a provide for the defense of such insured in S. PROOF OF LOSS OR DAMAGE purchaser from the insured, or only solong litigation in which any third party asserts a In addition to and after the notices as the insured shall have liability by reason claim adverse to the title or interest as required under Section 3 of these Conditions of covenants or warranty made by the insured, but only as to those stated causes and Stipulations have been provided the insured in any transferor conveyance of the of action alleging a defect, lien or Company, a proof of loss or damage signed estate or interest. This policy shall not encumbrance or other matter insured and sworn to by each insured claimant shall continue in force in favor of any purchaser against by this policy. The Company shall be furnished to the Company within 90 days from an insured of either (i)an estate or have the right to select counsel of its choice after the insured claimant shall ascertain the interest in the land, or(ii) an indebtedness (subject to the right of such insured to facts giving rise to the loss or damage. The secured by a purchase money mortgage object for reasonable cause) to represent proof of loss or damage shall describe the given to an insured. the insured as to those stated causes of defect in, or lien or encumbrance on the (c) Amount of Insurance.The amount action and shall not be liable for and will not title,or other matter insured against by this of insurance after the acquisition or after the pay the fees of any other counsel. The policy which constitutes the basis of loss or conveyance by an insured lender shall in Company will not pay any fees, costs or damage and shall state, to the extent neither event exceed the least of: expenses incurred by an insured in the possible,the basis of calculating the amount (i) the amount of insurance stated defense of those causes of action which of the loss or damage. If the Company is in Schedule A; allege matters not insured against by this prejudiced by the failure of an insured (ii) the amount of the principal of policy. claimant to provide the required proof of the indebtedness secured by the insured (b) The Company shall have the right, loss or damage, the Company's obligations mortgage as of Date of Policy, interest at its own cost, to institute and prosecute to such insured under the policy shall thereon, expenses of foreclosure,amounts any action or proceeding or to do any other terminate, including any liability or advanced pursuant to the insured mortgage act which in its opinion may be necessary or obligation to defend,prosecute,or continue to assure compliance with laws or to protect desirable to establish the title to the estate any litigation, with regard to the matter or the lien of the insured mortgage prior to the or interest or the lien of the insured matters requiring such proof of loss or time of acquisition of the estate or interest mortgage, as insured, or to prevent or damage. in the land and secured thereby and reduce loss or damage to an insured. The In addition, an insured claimant may reasonable amounts expended to prevent Company may take any appropriate action reasonably be required to submit to deterioration of improvements,but reduced under the terms of this policy, whether or examination under oath by any authorized by the amount of all payments made; or not it shall be liable hereunder,and shall not representative of the Company and shall (iii) the amount paid by any thereby concede liability or waive any produce for examination, inspection and governmental agency or governmental provision of this policy.If the Company shall copying, at such reasonable times and instrumentality, if the agency or exercise its rights under this paragraph, it places as may be designated by any instrumentality is the insured claimant, in shall do so diligently, authorized representative of the Company, the acquisition of the estate or interest in (c) Whenever the Company shall have all records, books, ledgers, checks, satisfaction of its insurance contract or brought an action or interposed a defense as correspondence and memoranda, whether guaranty. required or permitted by the provisions of bearing a date before or after Date of Policy, 3. NOTICE OF CLAIM TO BE GIVEN BY this policy, the Company may pursue any which reasonably pertain to the loss or INSURED CLAIMANT litigation to final determination by a courtof damage. Further, if requested by any An insured shall notify the Company competent jurisdiction and expressly authorized representative of the Company, promptly in writing (I) in case of any reserves the right, in its sole discretion, to the insured claimant shall grant its litigation as set forth in 4(a) below, (ii) in appeal from any adverse judgment or order. permission, in writing, for any authorized case knowledge shall come to an insured (d) In all cases where this policy representative of the Company to examine, hereunder of any claim of title or interest permits or requires the Company to inspect and copy all records,books,ledgers, which is adverse to the title to the estate or prosecute or provide for the defense of any checks, correspondence andmemoranda in interest or the lien of the insured mortgage, action or proceeding,an insured shall secure the custody or control of a third party,which as insured, and which might cause loss or to the Company the right to so prosecute or reasonably pertain to the loss or damage.All damage for which the Company may be provide defense in the action or proceeding, information designated as confidential by an liable by virtue of this policy,or(iii) if title to and all appeals therein, and permit the insured claimant provided to the Company the estate or interest or the lien of the Company to use,at its option,the name of pursuant to this Section shall not be Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land LAND TI,Ek Ak5(1CIATi(.`J Title Association. ,Order No.: 09307756-903-CMC Policy No.: CA-FXFC-IMP-81067-1-14-09307756 disclosed to others unless,in the reasonable insured claimant any claim insured against insured and the value of the insured estate judgment of the Company,it is necessary in under this policy, together with any costs, or interest subject to the defect, lien or the administration of the claim.Failure of an attorneys fees and expenses incurred by the encumbrance insured against by this policy. insured claimant to submit for examination insured claimant which were authorized by (d) The Company will pay only those under oath, produce other reasonably the Company up to the time of payment and costs,attorneys'fees and expenses incurred requested information or grant permission to which the Company is obligated to pay; or in accordance with Section 4 of these secure reasonably necessary information (ii) to pay or otherwise settle with Conditions and Stipulations. from third parties as required in this the insured claimant the loss or damage S. LIMITATION OF LIABILITY paragraph, unless prohibited by law or provided for under this policy,together with (a) If the Company establishes the title, governmental regulation, shall terminate any costs, attorneys' fees and expenses or removes the alleged defect, lien or any liability of the Company under this incurred by the insured claimant which were encumbrance, or cures the lack of a right of policy as to that insured for that claim. authorized by the Company up to the time access to or from the land, or cures the claim 6. OPTIONS TO PAY OR OTHERWISE of payment and which the Company is of unmarketability of title, or otherwise SETTLE CLAIMS; TERMINATION OF obligated to pay. establishes the lien of the insured mortgage,all LIABILITY Upon the exercise by the Company of as insured, in a reasonably diligent manner by In case of a claim under this policy,the either of the options provided for in any method, including litigation and the Company shall have the following additional paragraphs b(i) or b(ii), the Company's completion of any appeals there from, it shall options: obligations to the insured under this policy have fully performed its obligations with (a) To Pay or Tender Payment of for the claimed loss or damage, other than respect to that matter and shall not be liable the Amount of insurance or to Purchase the payments required to be made, shall for any loss or damage caused thereby. the Indebtedness. terminate, including any liability or (b) In the event of any litigation, (i) to pay or tender payment of obligation to defend,prosecute or continue including litigation by the Company or with the the amount of insurance under this policy any litigation. Company's consent, the Company shall have together with any costs,attorneys'fees and 7. DETERMINATION AND EXTENT OF no liability for loss or damage until there has expenses incurred by the insured claimant, LIABILITY been a final determination by a court of which were authorized by the Company,up This policy is a contract of indemnity competent jurisdiction, and disposition of all to the time of payment or tender of payment against actual monetary loss or damage appeals there from,adverse to the title,or, if and which the Company is obligated to pay; sustained or incurred by the insured applicable,to the lien of the insured mortgage, or claimant who has suffered loss or damage as insured. (ii) in case loss or damage is by reason of matters insured against by this (c) The Company shall not be liable for claimed under this policy by the owner of policy and only to the extent herein loss or damage to any insured for liability the indebtedness secured by the insured described. voluntarily assumed by the insured in settling mortgage, to purchase the indebtedness (a) The liability of the Company under any claim or suit without the prior written secured by the insured mortgage for the this policy to an insured lender shall not consent of the Company. amount owing thereon together with any exceed the least of: (d) The Company shall not be liable to an costs,attorneys'fees and expenses incurred (i) the Amount of Insurance insured lender for:(i)any indebtedness created by the insured claimant which were stated in Schedule A, or, if applicable, the subsequent to Date of Policy except for authorized by the Company up to the time amount of insurance as defined in advances made to protect the lien of the of purchase and which the Company is Section 2(c) of these Conditions and insured mortgage and secured thereby and obligated to pay. Stipulations; reasonable amounts expended to prevent If the Company offers to purchase the (ii) the amount of the unpaid deterioration of improvements; or indebtedness as herein provided,the owner principal indebtedness secured by the (ii)construction loan advances made of the indebtedness shall transfer, assign, insured mortgage as limited or provided subsequent to Date of Policy, except and convey the indebtedness and the under Section 8 of these Conditions and construction loan advances made subsequent insured mortgage, together with any Stipulations or as reduced under Section 9 to Date of Policy for the purpose of financing in collateral security, to the Company upon of these Conditions and Stipulations, at the whole or in part the construction of an payment therefore, time the loss or damage insured against by improvement to the land which at Date of Upon the exercise by the Company of this policy occurs, together with interest Policy were secured by the insured mortgage the option provided for in paragraph a(i),all thereon; or and which the insured was and continued to be liability and obligations to the insured under (iii) the difference between the obligated to advance at and after Date of this policy,other than to make the payment value of the insured estate or interest as Policy. required in that paragraph,shall terminate, insured and the value of the insured estate 9. REDUCTION OF INSURANCE; including any liability or obligation to or interest subject to the defect, lien or REDUCTION OR TERMINATION OF defend,prosecute,or continue any litigation, encumbrance insured against by this policy. LIABILITY and the policy shall be surrendered to the (b) In the event the insured lender has (a) All payments under this policy,except Company for cancellation. acquired the estate or interest in the payments made for costs,attorneys'fees and Upon the exercise by the Company of manner described in Section 2(a) of these expenses,shall reduce the amount of insurance the option provided for in paragraph a(ii) Conditions and Stipulations or has conveyed pro tanto. However, as to an insured lender, the Company's obligation to an insured the title, then the liability of the Company any payments made prior to the acquisition of Lender under this policy for the claimed loss shall continue as set forth in Section 7(a)of title to the estate or interest as provided in or damage,other than the payment required these Conditions and Stipulations. Section 2(a) of these Conditions and to be made, shall terminate, including any (c) The liability of the Company under Stipulations shall not reduce pro tanto the liability or obligation to defend,prosecute or this policy to an insured owner of the estate amount y insurance afforded under this policy continue any litigation. or interest in the land described in that to any such insured, except m the extent b To Pa or Otherwise Settle With Schedule A shall not exceed the least of: that the payments reduce the amount tg the ( � y indebtedness secured by the insured mortgage. Parties Other than the Insured or With (i) the Amount of the Insurance (b) Payment in part by any person of the the Insured Claimant. stated in Schedule A; or, principal of the indebtedness, or any other (i) to pay or otherwise settle with (ii) the difference between the obligation secured by the insured mortgage,or other parties for or in the name of an value of the insured estate or interest as any voluntary partial satisfaction or release of Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN Tt members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land A55[)CIAATTIIE ASSOION Title Association. ."Y Order No.: 09307756-903-CMC Policy No.: CA-FXFC-IMP-81067-1-14-09307756 the insured mortgage, to the extent of the If a payment on account of a claim does between the Company and the insured arising payment,satisfaction or release,shall reduce not fully cover the loss of the insured claimant, out of or relating to this policy, any service of the amount of insurance pro tanto. The the Company shall be subrogated (i)as to an the Company in connection with its issuance or amount of insurance may thereafter be insured owner,to all rights and remedies in the the breach of a policy provision or other increased by accruing interest and advances proportion which the Company's payment obligation. All arbitrable matters when the made to protect the lien of the insured bears to the whole amount of the loss; and Amount of Insurance is $1,000,000 or less mortgage and secured thereby, with interest (ii)as to an insured lender, to all rights and shall be arbitrated at the option of either the thereon,provided in no event shall the amount remedies of the insured claimant after the Company or the insured.All arbitrable matters of insurance be greater than the Amount of insured claimant shall have recovered its when the Amount of Insurance is in excess of Insurance stated in Schedule A. principal,interest,and costs of collection, $1,000,000 shall be arbitrated only when (c) Payment in full by any person or the If loss should result from any act of the agreed to by both the Company and the voluntary satisfaction or release of the insured insured claimant, as stated above, that act insured.Arbitration pursuant to this policy and mortgage shall terminate all liability of the shall not void this policy,but the Company, in under the Rules in effect on the date the Company to an insured lender except as that event, shall be required to pay only that demand for arbitration is made or, at the provided in Section 2(a) of these Conditions part of any losses insured against by this policy option of the insured, the Rules in effect at and Stipulations. which shall exceed the amount, if any, lost to Date of Policy shall be binding upon the parties. 10. LIABILITY NONCUMULATIVE the Company by reason of the impairment by The award may include attorneys'fees only if It is expressly understood thatthe amount the insured claimant of the Company's right of the laws of the state in which the land is of insurance under this policy shall be reduced subrogation. located permit a court to award attorneys'fees by any amount the Company may pay under (b) The Insured's Rights and Limitations. to a prevailing party. Judgment upon the any policy insuring a mortgage to which Notwithstanding the foregoing,the owner award rendered by the Arbitrator(s) may be exception is taken in Schedule B or to which of the indebtedness secured by an insured entered in any court having jurisdiction thereof. the insured has agreed, assumed, or taken mortgage, provided the priority of the lien of The law of the situs of the land shall apply subject, or which is hereafter executed by an the insured mortgage or its enforceability is not to an arbitration under the Title Insurance insured and which is a charge or lien on the affected,may release orsubstitute the personal Arbitration Rules. estate or interest described or referred to in liability of any debtor or guarantor,or extend A copy of the Rules may be obtained from or otherwise modify the terms of payment,or the Company upon request. Schedule A, and the amount so paid shall be release a portion of the estate or interest from 14. LIABILITY LIMITED TO THIS POLICY; deemed a payment under this policy to the the lien of the insured mortgage,or release any POLICY ENTIRE CONTRACT insured owner. collateral security for the indebtedness. (a) This policy together with all The provisions of this Section shall not When the permitted acts of the insured endorsements, if any,attached hereto by the apply to an insured lender,unless such insured claimant occur and the insured has knowledge Company is the entire policy and contract acquires title to said estate or interest in of any claim of title or interest adverse to the between the insured and the Company. In satisfaction of the indebtedness secured by an title to the estate or interest or the priority or interpreting any provision of this policy, this insured mortgage. enforceability of the lien of an insured policy shall be construed as a whole. 11. PAYMENT OF LOSS mortgage, as insured, the Company shall be (b) Any claim of loss or damage,whether (a) No payment shall be made without required to pay only that part of any losses or not based on negligence, and which arises producing this policy for endorsement of the insured against by this policy which shall out of the status of the lien of the insured payment unless the policy has been lost or exceed the amount, if any, lost to the mortgage or of the title to the estate or interest destroyed, in which case proof of loss or Company by reason of the impairment by the covered hereby or by any action asserting such destruction shall be furnished to the insured claimant of the Company's right of claim,shall be restricted to this policy. satisfaction of the Company. subrogation. (c) No amendment of or endorsement to (b) When liability and the extent of loss (c) The Company's Rights Against Non- this policy can be made except by a writing or damage has been definitely fixed in insured Obligors. endorsed hereon or attached hereto signed by accordance with these Conditions and The Company's right of subrogation either the President, a Vice President, the Stipulations, the loss or damage shall be against non-insured obligors shall exist and Secretary, and Assistant Secretary, or payable within 30 days thereafter. shall include, without limitation, the rights of validating officer or authorized signatory of the 12. SUBROGATION UPON PAYMENT OR the insured to indemnities, guaranties, other Company. SETTLEMENT policies of insurance or bonds,notwithstanding 15. SEVERABILITY (a) The Company's Right of Subrogation. any terms or conditions contained in those In the event any provision of the policy is Wheneverthe Company shall have settled instruments which provide for subrogation held invalid or unenforceable under applicable and paid a claim under this policy, all right of rights by reason of this policy. law, the policy shall be deemed not to include subrogation shall vest in the Company The Company's right of subrogation shall that provision and all other provisions shall unaffected b an act of the insured claimant. not be avoided by acquisition of an insured remain in full force and effect. y y NOTICES,WHERE SENT The Company shall be subrogated to and mortgage by an obligor (except an obligor 16. All notices required to be given the be entitled to all rights and remedies which the described in Section 1(a)(11)of these Conditions Company and any statement in writing insured claimant would have had against any and Stipulations) who acquires the insured required to be furnished the Company shall person or property in respect to the claim had mortgage as a result of an indemnity, include the number of this policy and shall be this policy not been issued.If requested by the guarantee, other policy of insurance, or bond addressed to the Company at: Company,the insured claimant shall transfer to and the obligorwill not bean insured underthis Commonwealth Land Title Insurance the Company all rights and remedies against policy,notwithstanding Section 1(a)(i)of these Company any person or property necessary in order to Conditions and Stipulations. P.O. Box 45023 perfect this right of subrogation. The insured 13. ARBITRATION Jacksonville, FL 32232-5023 claimant shall permit the Company to sue, Unless prohibited by applicable law,either Attn: Claims Department compromise or settle in the name of the the Company or the insured may demand insured claimant and to use the name of the arbitration pursuant to the Title Insurance insured claimant in any transaction or litigation Arbitration Rules of the American Arbitration involving these rights or remedies. Association. Arbitrable matters may include, but are not limited to,any controversy or claim Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA "MEFUC"N members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land `"""T,T« 9 9 P P Title Association. Order No.: 09307756-903-CMC Policy No.: CA-FXFC-IMP-81067-1-14-09307756 SCHEDULE A Order No.: 09307756-903-CMC Policy No.: CA-FXFC-IMP-81067-1-14-09307756 Amount of Insurance: $75,390.00 Premium: $582.00 Date of Policy: June 5, 2014 at 4:12 p.m. 1. Name of Insured: City of Redlands, a municipal corporation 2. The estate or interest in the land which is covered by this policy is: Permanent and exclusive easements and rights of way over the land described in Exhibit "A" in Schedule A herein and as described and shown in that certain "Grant of Roadway Easement" recorded June 5, 2014 as Instrument No. 2014-0204072, Official Records and "Grant of Sidewalk Easement" recorded June 5, 2014 as Instrument No. 2014-0204073 of Official Records. 3. Title to the estate or interest in the land is vested in: City of Redlands, a municipal corporation 4. The land referred to in this policy is described as follows: See Exhibit A attached hereto and made a part hereof. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED 81067 CLTA Standard Coverage Policy (1990) Page 1 Order No.: 09307756-903-CMC Policy No.: CA-FXFC-IMP-81067-1-14-09307756 EXHIBIT A LEGAL DESCRIPTION Parcel 1: That portion of Lot 8, Block 1, Henry L. Williams Tract, in the City of Redlands, County of San Bernardino, State of California, per map recorded in Book 11, Page 17 of Maps in the office of the County Recorder of said County, lying easterly and northeasterly of the following described line: Commencing at the northerly terminus of that certain course cited as having a bearing of South 0025' 13" West, and a length of 115.28 feet in Parcel 1 of a Grant Deed recorded January 21, 1966 in Book 6556, page 820 of Official Records in the office of the County Recorder of said county; thence along the westerly prolongation of the most northerly line of said Parcel 1, North 81022'32" West, 5.06 feet to the TRUE POINT OF BEGINNING and to a line that is parallel with and 55.00 feet west of the improvement centerline of Alabama Street as shown on Parcel Map No. 3683 per map recorded in Book 38, Pages 66 and 67 of Parcel Maps in the office of said County Recorder; thence along said parallel line, North 0025' 13" East, 128.14 feet; thence North 450 16' 41" West, 29.23 feet to southerly line of Industrial Park Avenue as described in a Grant Deed recorded August 24, 1960 in Book 5220, page 269 of said Official Records. EXCEPT THEREFROM that portion conveyed to the State of California described in a Grant Deed recorded August 24, 1960 in Book 5220, page 269 of said Official Records. Parcel 2: That portion of Lot 8, Block 1, Henry L. Williams Tract, in the City of Redlands, County of San Bernardino, State of California, per map recorded in Book 11, Page 17 of Maps in the office of the County Recorder of said County, described as follows: Beginning at the northerly terminus of that certain course cited as having a bearing of South 0025' 13" West, and a length of 115.28 feet in Parcel 1 of a Grant Deed recorded January 21, 1966 in Book 6556 , page 820 of Official Records in the office of the County Recorder of said county; thence along the westerly prolongation of the most northerly line of said Parcel 1, North 81022'32" West, 5.06 feet to a line that is parallel with and 55.00 feet west of the improvement centerline of Alabama Street as shown on Parcel Map No. 3683 per map recorded in Book 38, Pages 66 and 67 of Parcel Maps in the office of said County Recorder; thence along said parallel line, South 0125' 13" West, 41 .85 feet; thence North 89134'47" East, 5.00 feet to said certain course; thence along said certain course, North 0025' 13" East, 41.13 feet to the Point of Beginning. APN: 0169-361-02; 0169-362-11;, 0169-362-12; 0169-362-13 81067 CLIA Standard Coverage Policy (1990) Page 2 Order No.: 09307756-903-CMC Policy No.: CA-FXFC-IMP-81067-1-14-09307756 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, 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. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under(a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 81067 CLTA Standard Coverage Polcy (1990) Page 3 Order No.: 09307756-903-CMC Policy No.: CA-FXFC-IMP-81067-1-14-09307756 SCHEDULE B PART II 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. An unrecorded lease with certain terms,covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Lease Lessor: William C. Miles and Imogene Miles, his wife Lessee: Texaco Inc., a Delaware Corporation Recording Date: September 11, 1963 Recording No: In Book 5985, Page 330 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Southern California Edison Company, a Corporation Purpose: public utilities Recording Date: March 25, 1966 Recording No: In Book 6595, Page 745 of Official Records Affects: said land more particularly described therein. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Southern California Edison Company, a Corporation Purpose: public utilities Recording Date: December 21, 1976 Recording No: In Book 9077, Page 1374 of Official Records Affects: said land more particularly described therein. 5. An unrecorded lease with certain terms, covenants,conditions and provisions set forth therein as disclosed by the document Entitled: Lease Memorandum Lessor: W.C. Miles and Imogene Miles Lessee: Donald W. Callender Recording Date: January 21, 1977 Recording No: In Book 9098, Page 1453 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. An agreement to amend or modify certain provisions of said lease, as set forth in the document executed by: As Lessor: W.C. Miles and Imogene Miles, husband and wife As Lessee: Donald W. Callender Dated: January 27, 1977 Recording Date: February 3, 1977 Recording No: In Book 9107, Page 302 of Official Records 81067 CLTA Standard Coverage Polty (1990) Page 4 Order No.: 09307756-903-CMC Policy No.: CA-FXFC-IMP-81067-1-14-09307756 SCHEDULE B -- Part II (Continued) 6. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lease Lessor: Donald W. Callender Lessee: Marie Callender Ventures, Inc., a wholly owned subsidiary of Marie Callender Pie Shops, Inc., a California Corporation Recording Date: February 3, 1977 Recording No: In Book 9107, Page 314 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 7. An unrecorded lease with certain terms, covenants,conditions and provisions set forth therein as disclosed by the document Entitled: Second Lease Memorandum Lessor: W.C. Miles and Imogene Miles Lessee: Donald W. Callender Recording Date: May 7, 1980 Recording No: as Instrument No. 80-109405 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 8. An unrecorded lease with certain terms,covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Lease Lessor: William E. Miles and B. Joan Schlaberg, as to an undivided fifty percent interest and William E. Miles and B. loan Schlaberg as Trustees of Miles Exemption Trust, as to an undivided fifty percent interest Lessee: Texaco Refining and Marketing Inc., a Delaware Corporation Recording Date: June 27, 1994 Recording No: as Instrument No. 94283345 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 9. An irrevocable offer to dedicate an easement over a portion of said Land for Purpose(s): public road Recording Date: August 2, 1996 Recording No: as Instrument No. 19960281632 of Official Records Affects: said land more particularly described therein. END OF SCHEDULE B 81067 CLTA Standard Coverage Policy(1990) Page 5 I 50.00' I I 1 � . n2 RL A,qh'ft' � co I � � U N45°16'41"W 29.23' I � APN 0160--362-13 E 04 N CD I r 43.00' M I HENRY L. WILLIAMS TRACT N 55,00' I � —. T.P.O.B. I � LOT 8, BLOCK 1 N81'2 5.06' ` P.C.C. if B. 11 / 17 50:00' Leo s� N� 4c o Kl,NR OEN � F No. 14 ® INDICATES ROADWAY EASEMENT TO BE ACOUIRED Or CA11F4��\P AREA = 1,882 SF k.� EXHIBIT " ANDS LVO. AND !� ALABAMA I MA 5T. ABP PROJECT SHEET: I OF 1 APN 0169-352-13 DATE:6/5/13 SKETCH TO ACCOMPANY CITY OF REDL ANDS DRANN BY: TLK COUNTY OF SAN BERNARDINO SCALE:I'=50' LEGAL DESCRIPTION STATE OF CALIFORNIA EXHIBIT "A" I TEMPORARY CONSTRUCTION 50.00' EASEMENT I I �? � I v N45"16'41"W 29.23' I f I � C>J I � APN O169-362-13 W E N t 1 tt1 I 43.DO. � I � HEArRY L, WILLIAMS TRACT 55.00' I I I � L 5.00' i 1 Q LOT $. BLOCK 1 N81°22'32"W 5.06' co 1Yf B. 97 97 50.00' I TERI KMLEN r I i � y I No,874 INDICATES TEMPORARY CONSTRUCTION EASEMENT rFOr CAt�F���\P AREA = 789 SF REDLANDS BLVD. AND ALABAMA ST. IMP PROJECT SHEET: 1 OF 1 PARAGON APN O169-362--13 DATE:7/18/13 11 PARTNERS CITY OF REDLANDS DRAWN BY: TLK UP COUNTY OF SAN BERNARDINO SCALE:1"=50' STATE CF CALIFORNIA . % / \ `� > / bu OD ! L / �\ ` $\ o {R \ rTl o< m % G4 \ / Lf) % \ 8 \ co \ \ > \ \ } CD \ S \ f - G ' \\ se 25 g l'w / / / 41.85' n § > $ j / § $2zs` a � |& 4 \ z . „e.ze' \ . \ �o C! R 5 / C\ / £� ------�--.� ---- . - --- - ---------- -- . --- . . _ . _ _ m > m m§ --� . . _------ ° > Z ~ fit \ 2» / /MP C ALA13AMA STREET PER S. 7623-2f a ) �§ § g 2 > 7 \ \ r `70 D C) /R�Oi oo � N yyD c D Ln Ln f�•trn p z rl a O y � c � �m -- o Z N C ... .._ O 411.85' z D w �y c" SO'zK'13rtN ' Ln 9 Z o > o rt O b O - IMP. ALABAMA STREET PER C.S. 7823--2t W F v T ? rn o > 11 Co