An Abbreviated History of the Polo Fields Usage

In 1983 the developer Ray Watt granted the City of San Diego two large properties, what were to become Fairbanks Ranch Country Club and the Polo Fields, and named Watt Industries the Successor to the Grantor. The Grant Deed for the 114-acre Polo Fields contained several covenants, which clearly stated the specific types of allowed usage for the Polo Fields. 

In 1986, The City leased the Polo Fields to the San Diego Polo Club (Polo Club) for a 26-year term. The Polo Club eventually began to sublease the fields to Surf Cup. 

In 2002, the City, represented by the Real Estate Asset Department (READ), requested Ocean Industries (successor to Watt Industries) to allow up to 25 days of activities otherwise prohibited by the Grant Deed; namely soccer, Christmas tree sales, dog shows, and golf club demonstrations. In order for these modifications to the Grant Deed to be valid, they were required to be publicly recorded, which they were not. 

Surf Cup began holding events in excess of the 25 days, and in violation of other covenants in the grant deed, including both improper signage and commercial sales. When the Polo Club’s lease expired in 2012, READ renewed it on a month-to-month basis while it launched a request for proposal (RFP) to extend a 28-year long term lease to a new tenant. Concurrently, it requested Ocean Industries grant another modification to increase the Field usage from 25 days to 25 events. This modification was also not publicly recorded. Three entities submitted RFPs, and ultimately READ awarded the lease to Surf Cup. The lease went to City Council for approval and ultimately was signed by the Mayor.

Due to pressure from the Fairbanks Polo Club Homeowner’s Association (HOA), Ocean Industries revoked the 25 events back to 25 days. READ and Surf Cup never abided by these usage limitations. 

The HOA presented its grievances to READ on several occasions but READ did nothing, so Ocean Industries named the HOA the Successor to the Grantor, and it was publicly recorded. 

The HOA invited READ to negotiate the curtailment of usage and READ declined, forcing the HOA to revoke all previous modifications. Surf Cup’s behavior remained in violation of provisions in both their lease with the City and the Grant Deed itself. 

In 2019, the HOA proceeded to serve READ with a Cease and Desist notice, which READ claimed not to be in violation.

The HOA held a vote that found 85% of the homeowners in favor of standing up for their rights under the Grant Deed. In April 2023 the HOA filed a lawsuit in Superior Court against the City of San Diego that would require the City to enforce the covenants in the Grant Deed. In November 2023 Judge Earl Maas approved Surf Cup’s request to intervene in the lawsuit as a defendant.

Surrounding neighbors have now joined the HOA in their efforts to curtail all improper use of the Polo Fields and restore the peace, tranquility, and rural character of the community.

Key Points in History

  • March, 1986 - Fairbanks Polo Club signs 26 year lease for equestrian/polo activities.

  • August 5, 2002 - Grantor gives consent to use Polo Field for “Dog shows, soccer tournaments, lacrosse tournaments, no more than 25 days per calendar year.”

  • March 31, 2012 - City lease with the Polo Club becomes month-to-month after 26 year term ends.

  • October 28, 2014 - Grantor consents to use of Polo Field for “Exhibitions (e.g., horse shows and...sporting events) not exceeding a total of 25 such events per year.”

  • February 8, 2016 - Grantor modifies its consent to conduct 25 events per year and reinstitutes the 25 days per year in response to complaints.

  • August 8, 2016 - the City and Surf Cup Sports LLC enter into a 28 year lease.

  • December 12, 2017 - Grantor’s successor assigns all rights to the Fairbanks Polo Club HOA.

  • December 18, 2018 - Grantor notifies the City that prior consents from 2002 and 2014 are revoked.

  • February 12, 2019 - Grantor sends City Notice of Violation and Cease and Desist Letter.

  • February 14, 2019 - City responds and asserts that it is in compliance with Grant Deed.

  • April 13, 2023 - Fairbanks Polo Club HOA files lawsuit in Superior Court against City of San Diego for violating terms of Grant Deed, specifically for ignoring grant restriction limiting events to 25 days a year.

  • November 3, 2023 - Judge Earl Maas approves Surf Cup’s request to intervene in lawsuit as a defendant.