HomeMy WebLinkAbout6429RESOLUTION NO. 6429
A RESOLUTION AUTHORIZING THE ACQUISITION BY
CONDEMNATION OF REAL PROPERTY
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SF.C"PTnN 1 _
The City Attorney is hereby authorized and directed to commence
proceedings for the acquisition of the real property described in
Schedule A attached hereto and incorporated herein from the Housing
Authority Of The City Of Pueblo by condemnation. The City Council
does hereby find and determine that the exercise of the power of
eminent domain by the City to acquire said real property is in the
best interest of the City and in furtherance of the public health,
safety, and welfare.
INTRODUCED: August 14, 1989
ATTEST:
All"I
Cj( 'E t "& y a" C 4 TT & e 6L r k k - 1K 411 x.
By SAMUEL CORSENTINO
Councilman
APPROVED:
7 dent of the City Council
> at o'clock
Reception No.
F = Recorder.
WARRANTY DEED
THIS DEED, Made this 15th day of
between The iIousing Authority August . 19 90
Pueblo, a corporate body the City of
duly organized and existing under and by virtue of the laws of the State
of Colorado grantor, and
Pueblo, a Municipal Corporation
$ duly organized and existing under and by virtue of the I
..r
Colorado grantee; whose legal address is
aws of the Slate
1 City IIa11 Place
WITNESSETH, That the grantor, for and in consideration of the sum of Pueblo, Colorado 8
valuable considera _____ One Dollar and other
the receipt and sufficiency of which is hereby acknO eyed, and by these presents Does grant, bargain, sell,
owledged, has granted, bargained, sold and conv good and ,
convey and confirm, unto the grantee, its successors and assigns forever,
in the Count of all the real Property perty together with improvements, if any, situate, lying and being
in attached Schedule "A lt Pueblo and State of Colorado, described
Documentary Fee: Exempt 539 -13- 104(1)(,)
Consideration Paid: $200,000.00
also known by street and number as:
10 South Grand Avenue P
ueblo, Colorado 81003
TOGETHER, with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise a
reversions, remainderand remainders, rents, issues and profits thereof; and all the estate, right, tide, interest, claim and demand whatsoever of the grantor,
either in law or equity, of, in and to the above bargained y ppenaining, and the reversion nd
TO HAVE AND TO HOLD fie said premises above bargained and dehcri l with the appun nances unto the grantee, its successors and assign
forever. And the grantor for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the grantee, its successor and assigns,
that at the time of the ensealing and delivery of these presents, it is well seized of the promises above conveyed, has >ood, sure, perfect b
indefeasible estate of inheritance, in law, in fee simple, and has 6 po
good ri for full wer and lawful authority to grant, bargain, sell and convey he sam manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, wiles, liens, lazes, assessments, incumbrances
and restrictions of whatever kind or nature soever, except re s tr ictio n s , reservations and easements
of record.
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee,,
its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any pan thereof.
IN WITNESS WHEREOF, The grantor has caused 4s=0gxx=te name to be hereunto subscribed by its
seal to be hereunto affixed, attested by its president, and its corporate
Attest: secretary, the day and year first above written.
TIIE IIOUSING A OF THE
CITY OF PUEBLO
Ile
SCl'RlillY �Executive Director
1:, hairman of t e Board o
STATE OF COLORADO, Commissioners
County of Pueblo
Th for ping instrumeentras acknowledged before me this JJ
✓ l U�7C �' L� 7C7� - st��j !✓s daY of AuCJ S t
as President and � 19 q n by
as Secretary of The Housing Authority Of e City�Of Pueblo
My commission expires: la -o9_gA
Witness my hand and official seal.
'If in Denver, insert "City and."
Nu ,ry Pubbe
No. 767 Rev. 6 -85. WARRANTY DEED (Corporation to Corporation)
Bradford publishing, 1743 Wazcc St., Denver, CO 80202 — (303) 292.2500 — 8.88
L i t
. nl,yl li {'„IH,/ Ili I - IS /) /11IiHIN)HII 11J %) If/
Policy of Title Insurance
ISSUED BY
TRANSAMERICA TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, TRANSAMERICA TITLE INSURANCE COMPANY,
a California 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.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its
duly authorized officers as of Date of Policy shown in Schedule A.
Transamerica Title Insurance Company
100 South Grand By
By
President
Secretary
ALTA Owner's Policy (6 -1 -87) Amended 10 -21 -87
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or dam-
age, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances,
or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of 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,
except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance result-
ing 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 a 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 prior to Date of Policy which would be binding
on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) 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 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 claimant had paid value for the
estate or interest insured by this policy.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured ": the Insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named
insured, those who succeed to the Interest of the named Insured by oper-
ation of law as distinguished from purchase including, but not limited to,
heirs, distributees, devisees, survivors, personal representatives, next
of kin, or corporate or fiduciary successors.
(b) "insured claimant ": an insured claiming loss or damage.
(c) "knowledge" or "known ": actual knowledge, not constructive knowl-
edge or notice which may be imputed to an insured by reason of the pub-
lic records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) "land ": the land described or referred to in Schedule A, and improve-
ments affixed thereto which by law constitute real property. The term
"land" does not include any property beyond the lines of the area described
or referred to in Schedule A, nor any right, title, interest, estate or ease-
ment in abutting streets, roads, avenues, alleys, lanes, ways or waterways,
but nothing herein shall modify or limit the extent to which a right of
access to and from the land insured by this policy.
(e) "mortgage ": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records ": records established under state statutes at Date
of Policy for the purpose of imparting constructive notice of matters relat-
ing to real property to purchasers for value and without knowledge. With
respect to Section 1(a)(iv) of the Exclusions From Coverage, 'public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land is located.
(g) "unmarketability of the title ": an alleged or apparent matter affect-
ing the title to the land, not excluded or excepted from coverage, which
would entitle a purchaser of the estate or interest described in Sched-
ule A to be released from the obligation to purchase by virtue of a con-
tractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy
in favor of an insured only so long as the insured retains an estate or inter-
est in the land, or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as the
insured shall have liability by reason of covenants of warranty made by
the insured in any transfer or conveyance of the estate or interest. This
policy shall not continue in force in favor of any purchaser from the
insured of either (i) an estate or interest in the land, or (ii) an indebted-
ness secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below, (II) In case knowledge
shall come to an insured hereunder of any claim of title or Interest which
is adverse to the title to the estate or interest, as insured, and which might
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title to the estate or interest, as insured, is rejected
as unmarketable. If prompt notice shall not be given to the Company, then
as to the insured all liability of the Company shall terminate with regard
to the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall In no case prejudice the
rights of any insured under this policy unless the Company shall be prej-
udiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS;
DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options con-
tained in Section 6 of these Conditions and Stipulations, the Company.
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated
causes of action alleging a defect, lien or encumbrance or other matter
insured against by this policy. The Company shall have the right to select
counsel of its choice (subject to the right of the insured to object for rea-
sonable cause) to represent the insured as to those stated causes of
action and shall not be liable for and will not pay the fees of any wner
counsel. The Company will not pay any fees, costs or expenses incaroz
by the insured in the defense of those causes of action which allege rra:-
ters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to +rut +tLte 41 %.
prosecute any action or proceeding or to do any other act wna.n ^, ,a
opinion may be necessary or desirable to establish the title to Ina eaLira
or Interest, as Insured, or to prevent or reduce loss or darragc t; -,d
insured. The Company may take any appropriate action undcK the tef:ra
of this policy, whether or not It shall be liable hereunder arm'r -i" +:.t
thereby concede liability or waive any provision of this pours a r C.:-r-
pany shall exercise its rights under this paragraph, it stall dO sa
(c) Whenever the Company shall have brought an action or
a defense as required or permitted by the provisions Of In
Company may pursue any litigation to final determinat -" a,
competent jurisdiction and expressly reserves the rignt, u1.: s U;1K . + +�
cretion, to appeal from any adverse judgment or order ^
(d) In all cases where this policy permits or requires trd::• ^I:J+ 1 �=
prosecute or provide for the defense of any action of
insured shall secure to the Company the right to SO pr06d%:;6.W ;,c
defense in the action or proceeding, and all appeal trxre�n ka d
the Company to use, at its option, the name of the ats.aec tze M-4 :A-
pose. Whenever requested by the Company, the insured at Ina Qocr,,;4-
ny's expense, shall give the Company all reasonawe aA3 (,),n an acton
or proceeding, securing evidence, obtaining *Arlasses. pfos+acutinQ of
defending the action or proceeding, or effecting sense ennt- W I
any other lawful act which in the opinion of the Company
sary or desirable to establish the title to the estate Of Interest as Insured.
If the Company is prejudiced by the failure of the insured to furnish the
required cooperation, the Company's obligations to the Insured under
the policy shall terminate, including any liability or obligation to defend,
p r o secute, or such coope l ti ation, with regard to the matter or mat-
rs requiring
s. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Continued on Inside Back Cover
s
t:ontinueo on Inside Back Cover
s
SCHEDULE A
Amount of Insurance:
Date of Policy
$200,000.00
August 22, 1990
1 :31 P.M.
Policy No.: 7541316
Order No. : Same
1. Name of Insured:
PUEBLO,
a Municipal Corporation
2. The estate or interest in the land described herein and which is
covered by this policy is:
IN FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy
vested in:
PUEBLO,
a Municipal Corporation
SCHEDULE A - Continued
►7
The land referred to in this policy is situated in the State of
Colorado, County of Pueblo, and is described as follows:
Lot 13,
Block 58,
HOBSON'S SUBDIVISION,
EXCEPT the Southeasterly 12 feet
parallel with and adjacent to the
running parallel with North Union
Lots 1, 2, 3, 4 and 5 being
the Northerly portion of Block 43
of Pueblo which was surveyed and
for the Probate Judge of Pueblo,
as follows:
in length of said Lot 13 running
public alley in said Block 58 also
Avenue and
in that part of the present City
platted by H.M. Fosdick, Civil Engineer
being more particularly described
BEGINNING at the Northwest corner of Lot 13,
Block 58,
HOBSON'S SUBDIVISION;
1. Thence West and along the North line of said Block 43, a distance
of 250.0 feet, to the Northwest corner of said Block 43;
2. Thence South along the West line of said Block 43, a distance of
199.92 feet to the North line of an existing alley in Block 43;
3. Thence East and along the North line of the alley in said Block
43, a distance of 196.07 feet, to the Southwest corner of Lot 13 in
said Block 58;
4. Thence North 24'12'14" East and along the West line of Lot 13 in
said Block 58, a distance of 131.49 feet, more or less, to the POINT
OF BEGINNING.
PAGE
V
7541316
urb a 1V1- -Z .- w uw wL r; n srw; Nu a +Y to cc its a
. ttorrte�rs tat t nos lees uc
d ,,ns to� n the Company is liable under this policy and shall by the Company c i ` a �twe paii rt any, attached hereto
SCHEDULE B
This Policy does not insure against loss or damage by reason
of the
following:
1. Rights or claims of parties in possession not shown by the
records.
public
2. Easements, or claims of easements, not shown by the public recor
3. Discrepancies, conflicts in boundary lines, shortage s.
encroachments, and any facts which a correct survey inspection
of the premises would disclose and which are not shown by the public
records.
4. Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown
by the public records.
5. Taxes due and payable; and any tax, special assessments, char e ecia
or lien imposed for water or sewer service, or for any other s
taxing district. EXEMPT special
6• Any and all leases and tenancies.
PAGE 3
7541316
The provisions of this paragraph shall not apply to costs, attorneys' fees 01 This nnl w
Continued from Back of Front Cover
Conditions and Stipulations have been provided the Company, a proof
of loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The proof of loss
or damage shall describe the defect in, or lien or encumbrance on the
title, or other matter insured against by this policy which constitutes the
basis of loss or damage and shall state, to the extent possible, the basis
of calculating the amount of the loss or damage. If the Company is prej-
udiced by the failure of the insured claimant to provide the required proof
of loss or damage, the Company's obligations to the insured under the
policy shall terminate, including any liability or obligation to defend, pros-
ecute, or continue any litigation, with regard to the matter or matters
requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the Com-
pany and shall produce for examination, inspection and copying, at such
reasonable times and places as may be designated by any authorized rep-
resentative of the Company, all records, books, ledgers, checks, corre-
spondence and memoranda, whether bearing a date before or after Date
of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the insured
claimant shall grant its permission, in writing, for any authorized repre-
sentative of the Company to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in the custody or con-
trol of a third party, which reasonably pertain to the loss or damage. All
information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
examination under oath, produce other reasonably requested informa-
tion or grant permission to secure reasonably necessary information from
third parties as required in this paragraph shall terminate any liability of
the Company under this policy as to that claim.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the fol-
lowing additional options:
(a) To Pay or Tender Payment of the Amount of Insurance. To pay or
tender payment of the amount of insurance under this policy together
with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of
payment or tender of payment and which the Company is obligated to
pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, and the policy shall be
surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name
of an insured claimant any claim insured against under this policy, together
with any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to the time of pay-
ment and which the Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
fees and expenses incurred by the insured claimant which were author-
ized by the Company up to the time of payment and which the Company
is obligated to pay.
Upon the exercise by the Company of either of the options provided
for in paragraphs (b)(i) or (ii), the Company's obligations to the insured
under this policy for the claimed loss or damage, other than the payments
required to be made, shall terminate, including any liability or obligation
to defend, prosecute or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered
loss or damage by reason of matters insured against by this policy and
only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or inter-
est as insured and the value of the insured estate or interest subject to
the defect, lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the value of the insured estate
or interest or the full consideration paid for the land, whichever is less,
or if subsequent to the Date of Policy an improvement is erected on the
land which increases the value of the insured estate or interest by at least
20 percent over the Amount of Insurance stated in Schedule A, then this
Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any
partial loss, the Company shall only pay the loss pro rata in the propor-
tion that the amount of insurance at Date of Policy bears to the total value
of the insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any
partial loss, the Company shall only.pay the loss pro rata in the propor-
tion that 120 percent of the Amount of Insurance stated in Schedule A
bears to the sum of the Amount of Insurance stated in Schedule A and
the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall
only apply to that portion of any loss which exceeds, in the aggregate,
10 percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and ex-
penses incurred in accordance with Section 4 of these Conditions and
Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting
one or more of the parcels but not all, the loss shall be computed and
settled on a pro rata basis as if the amount of insurance under this policy
was divided pro rata as to the value on Date of Policy of each separate
parcel to the whole, exclusive of any improvements made subsequent
to Date of Policy, unless a liability or value has otherwise been agreed
upon as to each parcel by the Company and the insured at the time of
the issuance of this policy and shown by an express statement or by an
endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unmarketability of title, all as insured, in a rea-
sonably diligent manner by any method, including litigation and the com-
pletion of any appeals therefrom, it shall have fully performed its obliga-
tions with respect to that matter and shall not be liable for any loss or
damage caused thereby.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse
to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or
suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE;
REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attor-
neys' fees and expenses, shall reduce the amount of the insurance pro
tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring a mortgage to which exception is taken in Schedule B,
or to which the insured has agreed, assumed, or taken subject, or which
is hereafter executed by an insured and which is a charge or lien on the
estate or interest described or referred to in Schedule A, and the amount
so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in
which case proof of loss or destruction shall be furnished to the satis-
faction of the Company.
(b) When liability 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 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation. Whenever the Company shall
have settled and paid a claim under this policy, all right of subrogation
shall vest in the Company unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person
or property in respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall transfer to the Com-
pany all rights and remedies against any person or property necessary
in order to perfect this right of subrogation. The insured claimant shall
permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any trans-
action or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant, as stated
above, that act shall not void this policy, but the Company, in that event,
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 reason of the impairment by the insured claimant of the Company's
right of subrogation.
(b) The Company's Rights Against Non - insured Obligors. The Com-
pany's right of subrogation against non - insured obligors shall exist and
shall include, without limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, notwithstanding any
terms or conditions contained in those instruments which provide for
subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant to the Title Insurance 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 insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy pro-
vision or other obligation. All arbitrable matters when the Amount of Insur-
ance is $1,000,000 or less shall be arbitrated at the option of either the
Company or the insured. All arbitrable matters when the Amount of Insur-
ance is in excess of $1,000,000 shall be arbitrated only when agreed to
by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is
made or, at the option of the insured, the Rules in effect at Date of Policy
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 permit a court to
award attorneys' fees to a prevailing party. Judgment upon the award ren-
dered by the Arbitrator(s) may be entered in any court having jurisdic-
tion thereof.
The law of the situs 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.
15. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured
and the Company. In interpreting any provision of this policy, this policy
shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest cov-
ered hereby or by any action asserting such claim, shall be restricted to
this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either
the President, a Vice President, the Secretary, an Assistant Secretary,
or validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that pro-
vision and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the number
of this policy and shall be addressed to the Company at PO. Box 2370,
Dublin, California 94568, or at the Policy Issuing office.