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Home My WebLink AboutSDP 2017-0005; REYNOLDS LOT 20; Site Development Plan (SDP).-----------,,--------------------------, (city of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care (Large) D Minor D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit D Minor D Nonconforming Construction Permit D Planned Development Permit O Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation ~ Site Development Plan ~ Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits ",Df ~~,-i -••• ~ 0 General Plan Amendment 0 Local Coastal Program Amendment 0 Master Plan D Specific Plan 0 Zone Change □Amendment □Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT'. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. 'SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: -Witt f>1J',IL I .OOf (STREET ADDRESS) NAME OF PROJECT: ~ llDY½ IAf 'lO BRIEF DESCRIPTION OF _:P_::R:OJ::E:CT~, _____ ~:'.".~~==~~leN~":::::'~'.:'1::1 ~~/;O~Sp"'::'.:. ~'J.'.::-::'.?{lJ(l>/=!~,:t::'::".\;[~• llf~:':Jk'.'.:lD".'.fe~• (ii&~,f~-~l ~1 S~·j ~ ~ I +so_,,, (J7:rb ESTIMATED COMPLETION DATE -PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY Development No. 'OF,,,y1-or1-01oq Lead Case No. P-1 Page1of6 Revised 03/17 OWNER NAME (PLEASE PRINT) INDIVIDUAL NAME HN,w,Ji.l (if applicable)· "fCt-v COMPANY NAME (if applicable). P.,1:1.LO 7ll soq: u,.1rreo , LP MAILING ADDRESS: I c= e1wli¥¥= I~ C!TY, STATE, ZIP: el UlJo~ I Cl>, • '.l'ZDV' TELEPHONE: cc.1,) 4-t-o--r41A- EMAIL ADDRESS: ""&{, ~ I-IMWJr..llD . Ct>f.A I CERTIFY THAT JAM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION~ TRUE AND CORRECT TO THE BEST OF MY KNOWLED0E~. I c 1 TIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FUKTH HE IN IS MY AUTHORIZED REPRESENTATIVE FOR PURPO, F , ;PPLICATION. SIG T DATE , APP,llo,A.NT'S}?.EPRESENTATIVE {Print): ,; __ • . r"l y / . • ,.,n,C DRESS t:5"po ~ '?r; .fF10Z CITY, STATE, ZIP: a. l,NPI,\ I CA. 'f1DZO TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEOGF. APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME (if applicable): COMPANY NAME (if applicable): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE . . .. . ( v=I . . IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLIC~ONSENT TO ENTRY FOR THIS PURPOSE. NOT1chF--RBf'Rl6r10N: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS ro A NOTICE OF RESTRICTION BEING RECORDED ON T TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND 'Y)".)'~)I ANY SUCCESSORS IN INTEREST. P-1 Page2of6 RECEIVED MAY 2 5 1017 CITY OF CAkLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY Revised 03/17 Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: l Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. 1 have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permlttee remains in compliance with the subject approved permit. Signature ___________________ _ Date: __________ _ Cerlification Statement: I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct_ to-the est of my knowledge. I support the applicant's request for a permit to place the subject property on tile ·Public sid walk. I understand that an approved administrative permit shall remain in effect for as long as outd6or display are permitted within the Village Review Area and the permittee remains in compliance with the subject apA o d permit. ~ Date: __________ _ P-1 Page 3 of 6 Revised 03/17 LAND USE REVIEW APPLICATION FORM INSTRUCTIONS TO APPLICANTS In order to streamline the application process and reduce duplication in filling out application forms, the city has adopted a comprehensive application form to handle multiple application submittals. The following instructions should assist you in preparing the application form for submittal to the city: ✓ Applications applied for: Check the appropriate boxes for the various application types for which you are applying. Check with counter staff to determine required application types needed to process your specific project. ✓ Assessor Parcel No(s).: Include all assessor parcel numbers included within the project boundary. The counter staff can assist you in determining the appropriate assessor parcel number(s). ✓ Project Name: Fill in the box with the name of the project, such as "Red Oak Homes" or "Benson Commercial." If no name is proposed, write the last name of the owner or applicant plus a brief description such as "Jones Condo Conversion" or "Smith Residential Subdivision." ✓ Brief Description of Project: Write down a brief description of the project. Be specific but do not include square footage or architectural details. For example: a neighborhood commercial center with two restaurants: single family detached residential project; or an industrialfoffice complex with three industrialfoffice buildings. ✓ Owner's Name, Address, Phone Number, Email address and Signature: To be filled in and signed by the owner for all applications. Use the owner's name as it appears on the title report. ✓ Applicant's Name, Address, Phone Number, Email address and Signature: To be filled in and signed by the applicant. If owner and applicant are the same you may write same on the space for the name. All correspondence and contact regarding the application will be directed to the applicant. ✓ Brief Legal Description: Provide a brief legal description of the property such as "Lot 6 of Map No. 8828 Carlsbad Tract 88-3" or "Portion of Lot 1 of Rancho Agua Hedionda map 1717." Do not provide bearings and distances. A full legal description will be contained within the title report submitted with the application. ✓ Location of Project: Fill in the blanks with the street address (if appropriate), direction and street names. For projects located in undeveloped areas not adjacent to streets, use the nearest street from which the project will take access. ✓ Consent to Allow Entrance onto the Property: Signature granting members of city staff, Planning Commissioners, or City Council members' permission to inspect and enter the property. ✓ Notice of Restriction: Property owner acknowledges and consents to a Notice of Restriction if conditioned for the applicant. Notices of Restriction run with the land and bind any successors in interest. Application Requirements: Attached with the application form are the various submittal requirements for each application type listed on the face of the application. Follow any instructions contained within the submittal requirements and submit the information and materials required for each of the applications for which you are applying. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. IMPORTANT: Check all submittals to be sure all the required information and materials have been submitted with your application. Incomplete submittals will not be processed or scheduled for review by staff, the Commission or Council. You will be notified in writing within 30 days of submittal whether or not your application is complete. A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application must be submitted prior to 4:00 p.m. P-1 Page 4 of 6 Revised 03/17 Applicant Disclosure -Form P-1(A): All applications require submittal of an applicant disclosure form. Follow the instructions provided on the form and the attached information sheet. Project Description/Location -Form P-1 (B) Hazardous Waste Statement-Form P-1(C) Environmental Impact Assessment-Form P-1(D): All applications for development require submittal of an Environmental Impact Assessment Form. Larger projects or projects in environmentally sensitive areas may require more detailed Environmental Impact Reports. Follow the instruction provided with the application form. Time Limits on Discretionary Permits -Form P-1(El Tentative Parcel Map Waiver of Processing Time Limits Form P-1(F) Tentative Parcel Map Tenant Notification Statement-Form P-1(G) Circulation Impact Analysis: All applications which propose an increase in the traffic generation rate of 500 vehicles or more, over existing traffic generation for the site, must submit a Circulation Impact Analysis. This analysis will be used to determine compliance of your project with Growth Management Facility Standards. The analysis is not to be considered in lieu of project related traffic studies which may be required by staff to analyze specific project related on and off site traffic issues. Fire Department/Water District Consultation: Prior to submittal of an application for development in the City, you are encouraged to consult with the Fire Department and the appropriate water district in order to design your project in compliance with their requirements. Failure to consult with either agency could result in unnecessary delays, redesign or project denial. The purpose of the notice is to get projects to "design in" water and fire requirements in advance. Digital Submittals: Applicants shall submit digital files with the application at initial submittal and at approval of tentative tract map, in accordance with Engineering Standards. P-1 Page 5 of 6 Revised 03/17 SCREENING_Qf'_EQUIPMEIIIT Exterior components of plumbing, processing, heating, cooling, and ventilation systems (including but not limited to piping, tanks, stacks, collectors, heating, cooling, and ventilating equipment fans, blowers, ductwork, vents, louver, meters, compressors, motors, incinerators, ovens, etc ... ) shall not be directly visible from a height of five feet from the closest building wall on any lot. Scaled elevations of all such equipment, as well as screening materials, are required on all site plans. See example below. P-1 PROPERTY LINE 35' LANDSCAPE SETBACK EXAMPLE OF SCREENING MATERIAL DISPLAY s;; ---.- ~ "f -------··· -" ~;;:;;;\II/VWV\/Vi;;l)q!,L,11111vwszii111Jvsf"""""" __ ... ---·····-"-· Page 6 of6 ------ PROPERTY LINE 50' LANDSCAPE\ SETBACK Revised 06/12 , (city of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as ~Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. lf the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person____________ Corp/Part ___________ _ Title ___________ _ Title _____________ _ Address __________ _ Address ____________ _ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person u/A I Title ___________ _ corp/PartBuild To Suit, LP Titlea California Limited Partnership Address __________ _ Address 1000 Pioneer way El Cajon, CA 92020 Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust.________ Non ProfitfTrust _________ _ Title ___________ _ Title. _____________ _ Address __________ _ Address ____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes D No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. bove information is true and correct to the best of my knowledge. applicanVdate Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 ( City of Carlsbad PROJECT DESCRIPTION P-1 (8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov PROJECT NAME: REYNOLDS LOT 20 APPLICANT NAME: KENNETH D. SMITH ARCHITECT & ASSOC. Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Descri pti an/Ex pl a nation : P-1(BJ This project will be a new 37,560 SF building for Jon Renau / Easy Hair. Approximately 4,822 SF of the building will be future tenant space, (with approx. 450 SF of office). It is to be located on lot 20 of Carlsbad Oaks North. The building will have a first floor of approximately 30,139 square feet. It will have a second floor of approximately 7,389 square feet. There will be approximately 15,237 square feet of area devoted to office use and approximately 1,200 square feet of area for devoted to manufacturing. The balance of the building will be used for sales & warehousing of finished products. Page 1 of 1 Revised 07/10 I I I I I I I SITE PHOTOS Of LOT20 WHIPTAIL LOOP I c SITE PHOTO KEV MAP PHOTO 1 PHOTO 2 , . -- PHOTO 3 PHOTO4 , . - PHOTO 5 • Ccityof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-1 (C) Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name KEN SMITH ARCHITECT Address:500 FESSLER ST. #102 EL CAJON, CA 92020 Phone Number: (619) 444-2182 Address of Site: WHIPTAIL LOOP PROPERTY OWNER Name:BUILD TO SUIT LIMITED,LP Address: 1000 PIONEER WAY EL CAJON CA 92020 Phone Number (619) 440-7424 Local Agency {City and County): ______________________ _ Assessor's book, page, and parcel number: ___________________ _ Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Applicant • ure/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page1 of2 Revised 02113 (city of Carlsbad EIA INFORMATION FORM P-1 (D) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(0) Page 1 of4 Revised 07110 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): _________________________ _ General Information 1. Name of project _R_e~y_n_o_l_d_s_L_o_t_2_0 ________________ _ 2. Name of developer or project sponsor: Hamann Companies Address; 1000 Pioneer Way 3. c;ty, State, z;p Code: El Cajon, CA 92020 Phone Number: (619) 440-7424 Kenneth D. Smith Name of person to be contacted concerning this project ____________ _ Address: 500 Fessler St. #102 c;ty, state, z;p Code, El Cajon, CA 92020 Phone Number: (619) 444-2182 4. Address of Project: _W_h~ip_t_a_il_L_o_o~p _________________ _ Assessor's Parcel Number: 209-120-1? ---------------------- 5. list and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. 7. 8. 9. N/A Planned Industrial Existing General Plan Land Use Designation: _______________ _ P-M Existing zoning district: ______________________ _ Ex;st;ng land use(s): Vacant pre-graded lot Proposed use of site (Project for which this form is filed): _l_n_d_u_s_t_ri_a_l_a_c_r_e_a_g_e ____ _ Project Description 10. 11. 12; 13. 14. P-1(D) Site size: _2_.6_A_c_r_e_s ______________________ _ Proposed Building square footage: _3_7_,5_6_0_S_F ______________ _ Number of floors of construction: _2_-_S_t_o_ry ________________ _ Amount of off-street parking provided: _8-6 _________________ _ Associated projects: _N_iA ______________________ _ Page2of4 Revised 07110 15. If residential, include the number of units and schedule of unit sizes: _N_/A _______ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ MANUFACTURING AND MATERIAL SUPPORT SHIFTS EMPLOYEE COUNT 1ST SHIFT: 'Th 2ND SHIFT: 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _______ _ N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ___________________ _ N/A P-1(D} Page3of4 Revised 07110 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: Yes No □ 0 □ 0 □ 0 □ 0 □ 0 □ 0 □ 0 □ 0 □ 0 □ 0 □ 0 □ 0 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: Signature: ________________ _ For: P-1(0) Page4of4 Revised 07110 . I ( City of Carlsbad INTRODUCTION CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas {GHG) emissions reductions. The purpose of the CAP Consistency Checklist (Checklist) is to, in conjunction with the CAP, provide a streamlined review process for proposed new development projects that are subject to discretionary review and trigger environmental review pursuant to the California Environmental Quality Act (CEQA). Analysis of GHG emissions and potential climate change impacts from new development is required under CEQA. The CAP is a plan for the reduction of GHG emissions in accordance with CEQA Guidelines Section 15183.5. Pursuant to CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b), a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP. This Checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the CAP are achieved. Implementation of these measures would ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified GHG reduction targets. Projects that are consistent with the CAP as determined through the use of this Checklist may rely on the CAP for the cumulative impacts analysis of GHG emissions. Projects that are not consistent with the CAP must prepare a comprehensive project-specific analysis of GHG emissions, including quantification of existing and projected GHG emissions and incorporation of the measures in this Checklist to the extent feasible. Cumulative GHG impacts would be significant for any project that is not consistent with the CAP. The Checklist may be updated from time to time to incorporate new GHG reduction techniques or to comply with later amendments to the CAP or local, state, or federal law. P-30 Page 1 of 13 Revised 02/17 ' City of Carlsbad Climate Action Plan Consistency Checklist APPLICATION SUBMITTAL REQUIREMENTS .o111 The Checklist is required only for projects subject to CEQA review. The diagram below shows the context for the CAP Consistency Checklist within the planning review process framework . .o111 If required, the Checklist must be included in the project submittal package. Application submittal procedures can be found on the City of Carlsbad website here . .o111 The requirements in the Checklist will be included in the project's conditions of approval. .o111 The applicant must provide an explanation of how the proposed project will implement the requirements described herein to the satisfaction of the Planning Division . .o111 If a question in the Checklist is deemed not applicable to a project, an explanation must be provided to the satisfaction of the Planning Division. P-30 CEQA Non-Exempt CAP Consistency Checklist Consistent Remaining development review process Complete Nol Consislenl Project has a CEOA Significant Impact. EIR Required Page 2 of 13 CEQA Exempt Remaining development review process complete Revised 02117 City of Carlsbad Climate Action Plan Consistency Checklist Contact Information Project No./Name: Property Address/APN: Applicant Name/Co.: Contact Phone: ~~~~. ( C6lCf) 4l:o -1424: Was a consultant retained to complete this checklist? )id Yes D No Consultant Name: ~ql+ D. 4i:MTT}\ Contact Phone: Company Name: ~~ D. ™TO;\ ~Contact Email: Project Information If Yes, complete the following 1. What is the size of the project (acres)? f .(,0 ~ 2. Identify all applicable proposed land uses: D Residential (indicate# of one-and two-family units): D Residential (indicate# of multi-family units): D Commercial (Indicate total square footage): D Hotel (indicate# of rooms): )l_{1ndustrial (indicate total square footage): D Other (describe): 3. Provide a brief description of the project proposed: Ct>~Jlef J>. ).)EAAJ ~11 faG,o 'S:if· 2 .. gz,p..'J ::ru;r-Of WlLOltJ(, { e, 1 f-\ 1 S -l «A)f'AA(-li:$) P-30 Page 3 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist CAP CONSISTENCY CHECKLIST QUESTIONS STEP 1: LAND USE CONSISTENCY The first step in this section evaluates a project's GHG emissions consistent with guidance provided by the California Air Pollution Control Officers Association (CAPCOA). New non-exempt (i.e., subject to CEQA review) discretionary development projects that emit fewer than 900 metric tons of carbon dioxide equivalent (MTCO2e) would not contribute considerably to cumulative climate change impacts as stated in the CAP, and therefore, do not need to demonstrate consistency with the CAP. For projects that are subject to the CAP consistency evaluation, the first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Checklist Item (Check the appropriate box and provide explanation and supporting documentation for your answer) 1. The size and type of projects listed below would emit fewer than 900 MTCOie per year. Based on this threshold, does the proposed project equal or exceed these characteristics? Single-Family Housing: 50 dwelling units Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet Grocery Store: 6,300 square feet Other: For project types not listed in this section, including changes in use of, or enlargement of an existing building that results in a net increase in GHG emissions, the need for GHG analysis and mitigation will be made on a project-specific basis, considering the 900 MTCOie screening threshold. If ''Yes", proceed to Question 2. Yes No □ If "No", in accordance with the City's CAP screening criteria, the project's GHG impact is less than significant and not subject to the measures of the CAP. 2. Is the proposed project consistent with the existing General Plan land use and zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or zoning designation amendment that would result in an equivalent or less GHG- intensive project when compared to the existing designations? □ If "Yes", proceed to Step 2 of the Checklist. For the second option under question 2 above, provide estimated project emissions under both existing and proposed designation(s) for comparison. Emissions must be estimated in accordance with the City's Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. The project must prepare a GHG analysis in accordance with the City of Cartsbad's Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091. Proceed and complete a project-specific GHG analysis and Step 2 of the Checklist P-30 Page 4 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP MEASURES CONSISTENCY The second step of the CAP consistency review is to review and evaluate a project's consistency with the applicable measures and actions of the CAP. Step 2 only applies to development projects that involve permits that may require a certificate of occupancy from the Building Official. 1 All other development projects that would not require a certificate of occupancy from the Building Official shall implement all emissions-related mitigation measures from the General Plan Update EIR. Checklist Item (Check the appropriate box and provide explanation for your answer) Residential, Commercial and Industrial Photovoltaic Systems 1. Residential Photovoltaic Systems Does the project include photovoltaic systems with a minimum average system size of 1.6 kilowatts2 for each residential unit? Check "NIA" only if the project does not contain any residential buildings. 2. Commercial and Industrial Photovoltaic Systems OR For new nonresidential projects with more than 50 cars surface parked or on roofs of parking structures, would the project include photovoltaic panels over at least half of the surface/roof-parked cars to achieve a minimum system size equivalent to 2.5 kilowatts2 per covered parking space (up to 45 percent of project's expected annual electricity use)? Would the project provide equivalent energy generation onsite through rooftop photovoltaic panels or other means? Check "NIA" only if the project does not contain any non-residential buildings or provides 50 or fewer parking spaces. Efficient Lighting Standards 3. LED Lighting and Other Energy Efficient Lamps Would at least 75 percent of the luminaires provided by the project be comprised of LED or other similarly efficient lighting? Solar Water Heater/Heat Pump Installation 4. Solar Water Heating • Residential Units: Does the project include a solar water heating system capable of producing 2,300 kWh/year or 112 therms/year of total energy required for water heating? • Commercial Projects: Does the project include a solar water heating system capable of producing at least 50 percent of total energy required for water heating? • Restaurants of 8,000 §9uare feet or greater with a service water heater rated 75,000 Btu/h or greater: Does the project include installation of a Yes No □ □ □ □ ~ □ □ I □ ~ □ 1 Actions that are not subject to Step 2 would include, for example; 1) discretionary map actions that do not propose specific development; 2) permits allowing wireless communication facilities; 3) special events permits; 4) conditional use permits that do not result in the use intensification or expansion of an existing building; and 5) non-building infrastructure projects such as roads and pipelines. Because such actions would not result in new occupancy buildings from which GHG emissions reductions could be achieved, the items contained in Step 2 would not be applicable. 2 System size rated as Direct Current (DC) under Standard Test Conditions (STC). P-30 Page 5 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist Checklist Item Yes (Check the appropriate box and provide explanation for your answer) No NIA solar water-heating system with a minimum solar saving fraction of 0.15 consistent with non-fesidential voluntary standards of the California Green Building Standards Code?3 Exceptions to this measure include: 1. Buildings with a natural gas service water heater with a minimum of 95 percent thennal efficiency. 2. Buildings where greater than 75 percent of the total roof area has annual solar access that is less than 70 percent. Solar access is the ratio of solar insolation including shade to the solar insolation without shade. Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access. In lieu of solar water heaters, the project may propose to include heat pump water heaters to reduce the water heating load by 50 percent. Check "NIA" if the project does not contain any residential or non-residential buildings. Transportation Demand Management I 5. Transportation Demand Management For non-residential projects with more than 50 employees, would the project include a transportation demand management (TOM) plan reviewed and ~ approved by the City of Carlsbad Transportation Division (see Attachment A, □ □ Transportation Demand Management Plan template)? Check "NIA" if the project is a residential project or if it would not accommodate more than 50 employees. Increased Zero-Emissions Vehicle (ZEV) Travel I 6. Zero-Emission Vehicle Infrastructure • One-and two-family dwellings and townhouses with attached Qrivate garages: Would the required parking serving each new dwelling be "EV Ready"4 to allow for the future installation of electric vehicle supply equipment to provide an electric vehicle charging station for use by the resident? • Multi-Family Projects of fewer than 17 dwelling units: Would a minimum of one parking space be "EV Ready" to allow for the future installation of □ ~ □ electric vehicle supply equipment to provide electric vehicle charging stations at such time as it is needed for use by residents? • Multi-Family Projects of 17 or more dwelling units: Would five percent of the total parking spaces required, or a minimum of two spaces, whichever is greater, be "EV Capable"5 to allow for the future installation of electric vehicle supply equipment to provide electric vehicle charging stations at such time as it is needed for use by residents? Of the total 'EV Capable' spaces provided, would 50 percent of them, or a minimum of one, 3 Btu/h=British thermal unit per hour; solar saving fraction defined as the amount of energy provided by solar technology divided by the total energy required. • "EV Ready' means a parking space that Is pre-wired with a dedicated 208/240 branch circuit installed in conduit that originates at the electrical service panel or sub-panel and 40 ampere minimum overcurrent protection device, and terminates into a cabinet, box or enclosure, in a manner approved by the building official. 5 "EV Capable" means a parking space that has a cabinet, box or enclosure connected to a conduit linking the parking space to the electrical service panel in a manner approved by the building official. The electrical service panel shall provide sufficient capacity to simultaneously charge all electric vehicles with or without a load management system. P-30 Page 6 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist Checklist Item Yes No NIA (Check the approptiate box and provide explanation for your answer) whichever is greater, have the necessary electric vehicle supply equipment to provide active charging stations ready for use by residents and guests? Non-residential projects: Would six percent of the total parking spaces required, or a minimum of one space, whicllever is greater, be 'EV Capable' to allow for the future installation of electric vehicle supply equipment to provide electric vehicle charging stations at such time as it is needed for use by future occupants? Of the total "EV Capable" spaces provided, would 50 percent of them, or a minimum of one, whichever is greater, have the necessary electric vehicle supply equipment to provide active charging stations ready for use by customers and employees? Water Utilities System Improvements I 7. For one-and two-family residential projects, does the project include: Waste piping to permit the discharge of greywater to be used for outdoor irrigation in compliance with Section 1502 of the California Plumbing □ □ Code?6 Check "NIA "if the project does not include residential buildings. 6 Pursuant to Health and Safety Code Section 17922.12, greywater means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing. or operating wastes. Greywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. P-30 Page 7 of 13 Revised 02/17 CLTA Preliminary Report Form (Rev. 11/06) Order Number: NHSC-5326869 (06) Page Number: 1 Fust AmeriCBll Title First American Title Company Ted Tchang Techbilt Companies 3575 Kenyon Street San Diego, CA 92110-5333 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: 4380 La Jolla Village Dr, Suite 200 San Diego, CA 92122 NCS-817S10-SD NHSC-S326869 (06) Dianne Livingston (8S8)410-1303 (714)913-67S0 dslivingston@firstam.com PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it 1s prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms, The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrab/e matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitat;ons on Covered Risks applicable to the CL TA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liab1l1ty for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. lf it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Dated as of November 01, 2016 at 7:30 A.M. Order Number: NHSC-5326869 (06) Page Number: 2 The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: TECHBILT CONSTRUCTION CORP., A CALIFORNIA CORPORATION The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Assessment liens, if applicable, collected with the general and special taxes, including but not limited to those disclosed by the reflection of the following on the tax roll: Community Facilities District Carlsbad CFO #3 IMP 2. 2. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 1, as disclosed by Notice of Special Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236~~-9 of Official Records. Document(s) declaring modifications thereof recorded June 29, 2004 as Instrument No. 2004- 0606773 of Official Records. 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee" recorded December 3, 1981 as Instrument No. 81-380028 of Official Records. 5. The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee" recorded December 11, 1985 as Instrument No. 85-46665_8 of Official Records. A'rst American Tttle Order Number: NHSC-5326869 (06) Page Number: 3 6. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded November 9, 2004 as Instrument No. 2_004-1066056 of Official Records. 7. The terms and provisions contained in the document entitled "Notice and Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation Corridors Case No: CT 97-13" recorded November 9, 2004 as Instrument No. 209_4-lOE,6058 of Official Records. 8. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded December 15, 2004 as Instrument No. 2004-1180067 of Official Records. 9. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded December 15, 2004 as Instrument No. 2004-1180068 of Official Records. 10. The terms and provisions contained in the document entitled "Agreement Between Developer/Owner and the City of Carlsbad for the Payment of a Local Drainage Area Fee11 recorded December 21, 2004 as Instrument No. 2004-1201221 of Official Records. 11. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded February 5, 2007 as Instrument No. 2007-9_081082 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code§ 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Note: You may wish to contact the homeowners association referred to in the above document for information regarding assessments, transfer requirements or other matters. Document(s) declaring modifications thereof recorded March 20, 2013 as Instrument No. 7013- 0175873 of Official Records. A declaration of annexation recorded October 25, 2016 as Instrument No. ;2._016-0576403 of Official Records, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 12. Abutter's rights of ingress and egress to or from Whiptail Loop, have been dedicated or relinquished on the filed Map. First American Title Order Number: NHSC-S326869 (06) Page Number: 4 13. The following matters shown or disclosed by the filed or recorded map referred to in the legal description: Various notes and recitals 14. A Deed of Trust to secure an original indebtedness of $11,655,000.00 recorded November 1, 2016 as Instrument No. 2016-0591601 of Official Records. Dated: October 31, 2016 Trustor: Trustee: Beneficiary: Affects: Notes: Techbilt Construction Corp., a California corporation Genevieve Tchang Frost Carlsbad oaks North Partners, LP., a California limited partnership The land and other property. a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title insurance: i. Original note and deed of trust. ii. Payoff demand statement signed by all present beneficiaries. iii. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company 15. Water rights, claims or title to water, whether or not shown by the public records. 16. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 17. With respect to Techbilt Construction Corp., a California corporation: a. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. b. A certffied copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. Fi,st American Title Order Number: NHSC-S326869 (06) Page Number: 5 INFORMATIONAL NOTES Note: The poltcy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. General and special taxes and assessments for the fiscal year 2016-2017. First Installment: $20,514.00, PAID Penalty: $0.00 Second Installment: $20,514.00, PAID Penalty: $0.00 Tax Rate Area: 09013 A. P. No.: 209-120-18-00 Affects: The land and other property. 2. Supplemental taxes for the fiscal year 2016-2017 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $49,999.99, PAID Penalty: $0.00 Second Installment: $49,999.99, PAID Penalty: $0.00 Tax Rate Area: 09013 A. P. No.: 900-001-09-00 Affects: The land and other property. 3. Supplemental taxes for the fiscal year 2016-2017 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $49,999.99, PAID Penalty: $0.00 Second Installment: $49,999.99, PAID Penalty: $0.00 Tax Rate Area: 09013 A. P. No.: 900-001-08-00 Affects: The land and other property. 4. Supplemental taxes for the fiscal year 2016-2017 assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. First American Title First Installment: Penalty: $34,231.88, PAID $0.00 Second Installment: $34,231.88, PAID $0.00 Penalty: Tax Rate Area: A. P. No.: Affects: 09013 900-001-07-00 The land and other property. 5. The property covered by this report. is vacant land. Order Number: NHSC-5326869 (06) Page Number: 6 6. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded November 1, 2016 as Instrument No. 2016-05916_QQ of Official Records. From: Carlsbad Oaks North Partners L.P., a California limited partnership To: Techbilt Construction Corp., a California corporation The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Rrst American Title Order Number: NHSC-5326869 (06) Page Number: 7 -~---Fust American 1ide WIRE INSTRUCTIONS for First Amencan Title Company 1250 Cororia Pointe Court, Suite 200 Corona, CA 92879 (951)256-5880 Fax -(909)476-2401 First American Title Company, Demand/Draft Sub-Escrow Deposits Riverside County, California First American Trust, FSB 5 First American Way Santa Ana, CA 92707 Banking Services: (877) 600-9473 ABA 122241255 Credit to First American Title Company AccountNo.3097840000 Reference Title Order Number 5326869 and Title Officer Dianne Livingston Please wire the day before recording. First Amen'can Title Order Number: NHSC-5326869 (06) Page Number: 8 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of california, described as follows: LOT 20 OF CARLSBAD OAKS NORTH TRACT NO. CT 97·13·3, ACCORDING TO MAP THEREOF NO. 16145, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALJFORNIA, ON OCTOBER 13, 2016 AS DOCUMENT 2016·700043B OF OFFICIAL RECORDS. APN: 209· 120-18-00 First American Title I Ii ' ' I! I! II ' " I' i ~ I! ~ -~ ,, ,. !. 1· I ~ ' ~ I! ii,-! • Ii ' • Ii 1! i Ii ' 09 /209\ \Fj§J ti " ~ -i,. " " .. . . > .. - /ill dr',c 8".e_ .,.....,,, ~ /i6i\ QI/ ~, P<O II.I< IIE00 ~TY ~ "" ! ~ 209-12 SHT 1 OF 2 1· ~ 400' 8/W/2010 JGC .... .., ,_,,,,_ @ 99 9+ AC / ... ,. ·· ~ ·· r· ·· 7 ~ ' ' " ~ ' 5. AC • ~~~_,,.\ /i6i\ Qv 11(//f>tn"" ... ,,. ~"" ,,., ~""'" .. "' " ~-·"i"' " I ~•~ "' • I ,, .. .. •• .!f'!:, """.P,>, cmL , 975• CAR!.SBAD rR!..Cl NO, 9-,_13-m cARL.S0.<0 oi.,:s NORll< PHASE J MR a !ii) so.1f" AC @ ,,, • ~ '" Im ,. •. ¥.c .!!i, ~ ,,.~ " Om ~1~ ~ • 8 0 ,c ,,,,,,." ,, 12'9'. l •• f'® ~ SIil @ 1' 28 .C 1• MO AC<XSS 2• 1'HIPll,ll. 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MAP 15505-CARLSBAD TCT NO 97-13-02 CARLSBAD OAKS NORTH PHASE 2 MAP 14926-CARLSBAD TCT NO 97-13-01 CARLSBAD OAKS NORTH PHASE 1 MAP 823 -RHO AGUA HEDIONDA -POR LOT B .,, 0 ~ a. ,c ro ro " zz C C 3 3 cr cr ro ro " " "' z I "' n ' "' w N "" '" "' "' -0 "' - N07TCE Order Number: NHSC-5326869 (06) Page Number: 10 Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. First American Title EXHIBIT A Order Number: NHSC-5326869 (06) Page Number: 11 LIST OF PRINTI:D EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CL TA STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay 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 (i) the occupancy, use, or enjoyment of the land; (ii) the charc1cter, dimensions or location of any improvement now or hereafter erected on the lc1nd; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the lc1nd 1s or was a part; or (iv) environmentc1I 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 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 a notice of the exercise thereof or 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 1n 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) 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 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 insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in Which the land is situated. 5. 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 protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of 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. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I 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: 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 inspernon of the land or Which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, 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. A'"rst American Title Order Number: NHSC-5326869 (06) Page Number: 12 CLTA/ALTA HOMEOWNER'S POUCY OF TTnE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8,a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date· this does not limit the coverage described In Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. UMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is hm1ted on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 1 % of Polic.y Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Polic.y Amount Shown In Schedule A or $2,500 (whichever is less) 2006 AL TA LOAN POUCY (06-17-06} EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000 $25,000 $25,000 $5,000 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: Ai-st American Title Order Number: NHSC-5326869 (06) Page Number: 13 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or loc.at1on of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This b:clusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 daimant 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 Oaimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceab1hty in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the T1Ue for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be is.sued to afford either Standard Coverage or Extended Coverage, In addition to ttie above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B -Part II,[ t[orT]his polic.y does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [PART I [The above polic.y form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage polic.y will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown <1S existing liens by the records of <1ny taxing authority that levies taxes or assessments on re<1I property or by the Public Records; (b) proceedings by <1 public agency that m<1y result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agenc.y or by the Public Records. 2. Any facts, rights, interests, or cl<1ims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be <1sserted by persons in possession of the land. 3. Easements, liens or cncumbr<1nces, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, v,1riation, or adverse circumstance affecting the Title that would be disclosed by an <1ccurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Un patented mining claims; (b) reservations or exceptions in patents or In Acts authorirng the issuance thereof; (c) water rights, claims or title to w,1ter, whether or not the m<1tters excepted under (a), (b), or (c) <1re shown by the Public Records. 6. Any lien or right to a lien for services, l<1bor or materi<1I not shown by the public records.] PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordin<1te to the lien of the Insured Mortgage:] 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters <1re expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that ,1rise by reason of: First American Title Order Number: NHSC-S326869 (06) Page Number: 14 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of larid; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or hmit the coverage provided under Covered Risk S. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6, 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage pro.,.ided under Co.,.ered Risk 7 or 8. 3. Defects, liens, encumbrances, aCNerse 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 (howe.,.er, this does not modify or limit the co.,.erage pro.,.ided under co.,.ered Risk 9 or 10); or (e) resulting in loss or damage that would not ha.,.e been sustained if the Insured Claimant had paid .,.alue for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction .,.est1ng the Title as shown in Schedule A, is (a) a fraudulent con ... eyance or fraudulent transfer, or (b) a preferential trcinsfer for any reason not stated in Co.,.ered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imfX)Sed by go.,.ernmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that .,.ests lltle as shown in Schedule A. The abo.,.e policy form may be issued to afford either Standard eo ... erage or Extended eo ... erage. In addition to the abo.,.e Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage poi'cy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [The abo.,.e policy form may be issued to afford 1ther Standard Coverage or Extended eo ... erage. In addition to the abo.,.e Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reseivations 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 seivices, labor or material not shown by the Public Records. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY {12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the oa:upancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (1i1) the subdi.,.ision of land; or (iv) environmental protection; First American Title or the effect of any violation of these Ic1ws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rrghts of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 Oaimant 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 (however, this does not modify or limit the coverage provided ul"lder Covered Risk 11, 16, 17, 18, 19, 20, 2.1, 2.2., 2.3, 2.4, 2.7 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Oaimant had paid value for the Insured Mortgage. 4. Unenforceab1hty of the lien of the Insured Mortgage because of tile inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by tne Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25. 8. The failure of the residential structure, or any portion of 1t, to have been constructed before, on or after Date of Policy in accordance with applicable buildi~ codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that tne transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances, First American Title ~ I FirstAmericanTitle Privacy Information We Are Committed to Safeguarding Customer Information In order to better seNe yoor needs now and in the future, we may ask you to p,-ov(1e us wit11 certa,n 1nformatioo. We understand that you may be concerned about what we will do with such information -particularly any personal or finar.c,al informatmn. We agree that you have a right to know how we will utilize the persooal Information yoo pro\lide to us. Therefore, together w,th our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your pe,-sonal inforrnat,on. Applicability Th,s Provacy Policy governs our use of the Information that vou pr0,ide to us. It does not govern the manner in which we may use information we have abta1r.ed from any other source, such as ,nformaMn obta1ried from a p<Jblic record or from aoother pe,-500 or en~ty. First American has also adopted broader guLdehnes that govern our use of personal 1nforrnat<00 regardless of its source. first American calls these guidelines ,ts Fair Jnformat,oo Values. Types of Information Depending upon which of oor services y0\J are ubl1zing, the types of nonpublic personal Infcnnatlon that we may collect include: • InformatI00 we rece,ve from you on appl1catlons, forms and in other commun,catioos to us, whe\11er In wnbng, in person, by telephor.e or any other means; • lnformat1on about your transactions with us, our affiliated companies, or olhers; and • Informat,cm we receive from a consumer reporting agency. Use of Inf0<mation We request informabon from you for our own leg1t1mate business purposes and not for the ber>efit of any nonaffil1ated party. Therefore, we will not release your information to nonaffiliated partJes except: (1) as necessary for us to provide the pr<Xluct or serviCe you have requested of us; or (2) as permitted by law. We may, however, store such informaUon indefinitely, 1r.clud1ng the period after which any cuswmer relatiol1shlp has ceased. Such information may be used for any ,ntemal purpose, such as quality control efforts or cusWmer analysis. We may also provide all of the types of nonpu~,c personal information listed above to one or more of oor affiliated companies. Such affiliated companies Include financial se<ViCe providers, such as t1rje insurers, property aoo casualty insurers, and trust and investment advisory companies, or companies inoolved in re:,I estate services, such as apl"'31sal companies, home warranty companies and escrow companies. Furthermore, we may also p,ovlde all the information we collect, as deso-ibed above, to corrµ,nies that perform marketing serviCes on our t>ehaH, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreefllellts, Former Customers Even 11 you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Se<;urity We wm use our best efforts to ensure that no unauthori,ed parties have access to any of y01Jr information. We restrict access to nonpublic personal ,nformatlon about you to those 1nd1viduals and entitles who need l;<l know that informatjon to provide products or services to you. We will use our best efforts to tioln arw:l oversee our employees ar.d agents to ensure that your ,ntormation will be handled responsibly and in accordance wilh this Privacy Policy and first American's Fair Information Values We currently main@1n physk:al, electronic, and procedural safeguards Ulilt comply with federal regulations l;<l guard your nonpublic persona I informatJon Information Obtained Through Our Web Site First American F,nancial Corpo@IJon Is sensitive l;(l privacy issues on the Internet. We believe ,tis important you know how we treat the ,nrormation about you we receive on the Internet. In general, you can vtsit first American or its affiliates' Web sites on the Work! Wide Web without ~ling us who you are or revealing any informabon about yours~f. Our Web se,-,,ers collect the domain names, not the e-ma,1 addresses, of visitors. Tus information Is 1>99reQilted to measure the number of visits, average bme spent on the s,te, pages viewed and similar information. First American uses th;s information to measure the use of our site and to develop ideas to improve the content of our site. There are tjmes, however, when we may need information from you, such as your name and email address. When 1nforrnatJon is needed, we will use our best efforts to let you know at the tjme of collection how we will use the personal lnformaMn. Usually, the personal Information we collect is used only by us to respond to yoo, inquiry, process an order or allow you to access specific account/profile informat,oo. If you choose to share any personal information with us, we w,II only use tt ,n accordance with the policies ouUmed at>ove. Business Relationships First American Financial Corporation's s,te and its affiliates' sites may con@in I Inks to other Web sites. While we try to link only to sites that share our high standards and respect for pnvacy, we are not respor,sible for the content or the privacy pr,,ctices employed by other sites. Cookies Some of First American·s Web sites may make use of "cookie" technology l;<l measure site activity and to customize 1nforrnatJoo l;<l your personal tastes. A cookie Is an element of da@ that a Web site can send w your browser, which may then store the cookie on yoor hard drive. firstAm,cam uses stored cookies. The goal of this technology Is to better se,-,,e you when visiting our site, save you time when you are here and to p,ov1de you with a more meaningful and pr<Xluct1ve Web site experience. Fair Information Values Fairness we consider consumer expectatJoos atx,ut their prTVacy in all our l>usonesses. We only offer pr<Xiucts and services that assure a favorable balance between consumer benefits and consumer pnvacy. Public Record We believe that an open public record creates signifo:ant value for society, enhances consumer choice and creates consumer opportunity. We activ~y support an open pu~iC record and emphasize ,ts import,r,c:e and cootributlon to oor economy. Use we believe we shoold behave respor,sibly when we use information about a consumer in our business. We will obey the laws governing the collection, use arw:l d1ssem1natKl!l of data . .Accuracy We will take reasonable steps l;<l help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information When, as with the pu~ic record, we cannot correct inaccurate 1nformaboo, we will take all reasonable steps to assist coosumers In 1denbfying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users Of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information oalues and on the reSl)Onsible collection and use of data. We will encourage others in our Industry to collect and use information in a responsible manner. Se<:urity We will maintain appropriate fadht,es ar,d systems to ;:.-otect aga,nst unauthorized access tc aoo corn.iptlon of the data we maintain. Form 50-PRJVACY (9/1/10) Page 1 of 1 Privacy Information (2001 •2010 First American Financial Corporation) RECORDING REQUESTED BY: FIRST AMERICAN TITLE-HSD WHEN RECORDED MAIL TO: BUlLD TO SUJT LIMITED, LP c/o Hamann Construction I 000 Pioneer Way El Cajon, California 92020 MAIL TAX STATEMENTS TO: SAME AS ABOVE DOC# 2017-0146433 I IIIIII IIIII Ill II 111111111111111 lllll 1111111111111111111111111 11111111 Apr 03, 2017 08:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $252.00 PCOR:YES PAGES: 3 ..£0 ;;J... (o ~ 6'1 -(p (Space Above For Recorder's Use) Tax Assessor's Parcel No. 209-120-18-0(~,) oti Amount of Documentary Transfer T~x ~. Computed on full value ~ lo/Ira GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TECHBILT CONSTRUCTION CORP., a California corporation ("Grantor"), hereby grants to Build to Suit Limited, LP, a California limited partnership ("Grantee"), the real property located in the City of Carlsbad, County of San Diego, State of California, described as follows and hereinafter referred to as the "Property": Lot 20 of Carlsbad Tract No. 97-13-03, Carlsbad Oaks North Phase 3, according to Map thereof no. 16145, recorded in the Office of the County Recorder of San Diego County, California, on October 13, 2016 as document 2016-7000438 of Official Records. SUBJECT TO: (l) All general and special real property taxes and assessments, not delinquent; (2) Easements, liens, charges, covenants, restrictions, reservations and other tenns and provisions set forth in that ce11ain Declaration of Covenants, Conditions and Restrictions for Carlsbad Oaks North Business Park, executed by Grantor (as "Declarant") and recorded on February 5, 2007 as Document No. 2007-0081082 of the Official Records, California, as amended as of the date hereof ("Declaration"), which Declaration is by this reference incorporated herein and made a part hereof. The Property is conveyed to Grantee together with all easements set forth in the Declaration which are appurtenant to the Property. By acceptance of this Grant Deed, Grantee accepts and agrees to be bound by the covenants, conditions, restrictions, rights and liabilities set forth in the Declaration, which shall bind successor owners of the Property conveyed to Grantee as covenants running with the land. .. (3) All other conditions, covenants, liens, restrictions and other encumbrances and matters of record in the Official Records. (4) Matters that can be ascertained by a reasonable inspection and/or survey of the Property. {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [Signature Page to Grant Deed] IN WITNESS WHEREOF, Grantor has executed this Grant Deed on March 14, 2017. 11 GRANTOR" TECHBILT CONSTRUCTION CORP., A California Corporation By: -c__..,___p~ Theodore Tchang, President / A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of "5f-t! 'OrE Go ) On N)Ar0 1~, :z.c 1-;-before me, NMrt-( t., Lor,,, Na\':"/ ? ... b I·"-- d (insert name and title of the officer) personally appeared lhW oye.. T c.lAo.n~ ~--•' who proved to me on the basis of satisfactory evidence to be the person(K') whose name().) is/aflt: subscribed to the within instrument and acknowledged to me that he/.t.e/tl!!,y executed the same in his/hor/thclr authorized capacity(ios), and that by his/hel'/tbeir signature('i) on the instrument the person(~, or the entity upon behalf of which the person(&i) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NANCY C. LANE WITNESS my hand and official seal. Signature <J\.~Crlcr-"---. Commission# 2117968 ~ Notary Public -Gallfornl.-~ z San Diego county ... J ...... M~ soTiu-zxgir:sJ~! 2,s,,2~12 I (Seal) ( City of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular appUcation) please call (760) ~ Applicant Signature: -~;',15,~=::;-;r.=::_::._ ____________ _ 7 Staff Signature: Date: To be stapled with receipt to the application P-1(E} Page 1 of1 Revised 07/10 City of Carlsbad Climate Action Plan Consistency Checklist Cont~ct Information Project No./Name: Carlsbad Oaks Lot 20 -Reynolds Property Address/APN: Whiptail Loop Road, 209-120-18 Applicant Name/Co.: Build to Suit Limited LP Contact Phone: 619-40-7424 Was a consultant retained to complete this checklist? Consultant Name: Company Name: Project Information 1. What Is the size of the project (acres)? 2. Identify all applicable proposed land uses: D Residential (indicate# of one-and two-family units): D Residential (indicate# of multi-family units): D Commercial (indicate total square footage): D Hotel {Indicate# of rooms): !!!!I Industrial (indicate total square footage): D Other (describe): 3. Provide a brief description of the project proposed: Contact Email: □Yes l!!!I No Contact Phone: Contact Email: 2.6 acres 29,504 sf Linda@hamannco.com If Yes, complete the following Type 11I-B construction, fire sprinklered, 2-story, offices.manufacturing and storage P-30 Page 3 of 13 RECEIVED AUG 2 9 2017 CITY OF CARLSBAD PLANNING DIVISION Revlsed 02/17 City of Carlsbad Climate Action Plan Consistency Checklist CAP CONSISTENCY CHECKLIST QUESTIONS STEP 1: LAND USE CONSISTENCY The first step in this section evaluates a project's GHG emissions consistent with guidance provided by the California Air Pollution Control Officers Association (CAPCOA). New non-exempt (i.e., subject to CEQA review) discretionary development projects that emit fewer than 900 metric tons of carbon dioxide equivalent (MTCO2e) would not contribute considerably to cumulative climate change impacts as stated in the CAP, and therefore, do not need to demonstrate consistency with the CAP. For projects that are subject to the CAP consistency evaluation, the first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. r Checklist Item (Check the apPfopriate box and provide explanation and supporting doo.menlation for your answer) 1. The size and type of projects listed below would errit fewer than 900 MTCO20 per year. Based on this threshold, does the proposed project equal or exceed these characteristics? • Single-Family Housing: 50 dWeUing units • Multi.family Housing: 70 dweUing units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other. For project types not listed in this section, induding changes in use of, or enlargement of an existing buildin9 that results in a net increase in GHG errissions, the need for GHG analysis and mitigation will be made on a project-specific basis, considering the 900 MTCO20 screening threshold. If ''Yes•~ proceed to Question 2. • ' . -1 Yes No □ If "No", in accordance with the City's CAP screening criteria, the project's GHG i"l)act is less than significant and not subject to the measures of the CAP. 2. Is the proposed project consistent with the exis6ng General Plan land use and zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project Include a land use plan and/or zoning designation amendment that would result in an equivalent or less GHG- intensive project when COl!l)ared to the existing designations? □ If "Yes", proceed to Step 2 of the Checklist. For the second option under question 2 above, prowie estimated project emissions under both existing and proposed designation(s) for comparison. Emissions must be estimated in accordance with the City's Guidance to Demonstrating Consistency with the Climate Action Plan. If "No". the project's GHG impact Is potentially significant and must be analyzed In accordance with CEQA. The project must prepare a GHG analysis in accordance with the City of Car1sbad's Guidance to Demonslrating Consistency with the Climate Action Plan to demonstrate how ii would offset the increase in emissions over lhe existing designations. The project must incorporate each of the measures Identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091. Proceed and complete a project-specific GHG analysis and Step 2 of the Checklist P-30 Page 4 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP MEASURES CONSISTENCY The second step of the CAP consistency review is to review and evaluate a project's consistency with the applicable measures and actions of the CAP. Step 2 only applies to development projects that involve permits that may require a certificate of occupancy from the Building Official. 1 All other development projects that would not require a certificate of occupancy from the Building Official shall implement all emissions-related mitigation measures from the General Plan Update EIR. I ·-. _ $t~ 2: QAP. "'-lSUN$.Contfsltmcy Checklist Item (Check the approprtate box and provide explanation for your answer) Residential, Commercial and Industrial Photovoltaic Systems 1. Residential Photovoltaic Systems Does the project include photovoltaic systems wilh a minimum average system size of 1.6 kHowatts2 for each residential unit? Check "NIA" only if the project does not contain any residential buildings. 2. Commercial and Industrial Photovoltaic Systems For new nonresidential projects with more than 50 cars surface parked or on roofs of parking structures, would the project include photovoltaic panels over at least half of the surface/roof-parked cars to achieve a minimum system size equivalent to 2.5 kilowatts2 per covered parking space (up to 45 percent of project's expected annual electricity use)? OR Would the project provide equivalent energy generation onsite through rooftop photovoltaic panels or other means? Check "NIA" only if the project does not contain any non-residential buikflngs or provides 50 or fewer parking spaces. I Efficient Lighting Standards 3. LED Lighting and Olher Energy Efficient Lamps Would at least 75 percent of the luminaires provided by the project be comprised of LED or other similarty efficient lighting? Solar Water Heater/Heat Pump Installation 4. Solar Water Healing • Residential Units: Does the project Include a solar water heating system capable of producing 2,300 kWh/year or 112 therms/year of total energy required for water heating? • Commercial Projects: Does the projectindude a solar water heating system capable of producing al least 50 percent of total energy required for water heating? • Restaurants of 8,000 square feet or greater with a seryice water heater rated 75,000 BtuJh or greater: Does the project include installation of a Yes □ ~ □ . J ~ No NIA □ ~ □ □ □ □ □ 1 Actions that are not subject to Step 2 would lnclllde, for example: 1) discretionary map actions that do not propose specific development; 2) permits allowing wireless communication facllltles: 3) speclal events permits; 4) conditional use permits that do not result In the use Intensification or expansion of an existing building; and 5) non-building Infrastructure projects such as roads and pipelines. Because such actions would not result In new occupancy bulldlngs from which GHG emissions reductions could be achieved, the Items contalned In Step 2 would not be appllcable. 2 System size rated as Direct Current (DC) under Standard Test Conditions (STC). P-30 Page 5 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist r ---Step 2: CA'P M4t&sbWs Conststene~ .. i• > '" . . I Checklist Item (Check the appropriate box and provide explanation for your answer) solar water-heating system with a minimum solar saving fraction of 0.15 consistent with non-residential voluntary standards of the California Green Building Standards Code?3 Exceptions to this measure include: 1. Buildings with a natural gas service waler healer with a minimum of 95 percent thermal efficiency. 2. Buildings where greater than 75 percent of the total roof area has annual solar access that is less than 70 percent. Solar access is the ratio of solar insolation indudin~ shade to the solar insolation without shade. Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access. In lieu of solar water heaters, the project may propose to include heal pump water heaters to reduce the water heating load by 50 percent. Check "NIA" if the project does not contain any residential or non-residential buildings. Transportation Demand Management 5. Transportation Demand Management For non-residential projects with more than 50 employees, would the project include a transportation demand management (TDM) plan reviewed and approved by the City of Carlsbad Transportation Division (see Attachment A, Transportation Demand Management Plan template)? Check "NIA" if the project is a residential project or if ii would not accommodate more than 50 employees. Increased Zero-Emissions Vehicle (ZEV) Travel 6. Zero-Emission Vehicle Infrastructure • One-and two-family dwelings and townhouses with attached private garages: Would the required parking serving each new dwelling be "EV Ready"4 to allow for the future instaUalion of electric vehicle supply equipment lo provide an electric vehicle charging station for use by the resident? • Multi-Fanjly Projects or fewer than 17 dwelling units: Would a minimum or one parking space be ·Ev Ready' to allow for the future instanalion or electric vehicle supply equipment to provide electric vehide charging stations at such time as it is needed for use by residents? • Multi-Family Projects of 17 or more dwelling units: Would five percent of the total parking spaces required, or a miniroom of two spaces, whichever is greater, be "EV Capabte•s lo allow for the future installation of elecbic vehicle supply equipment to provide electric vehide charging stations at such time as it Is needed for use by residents? Of the total •EV Capable" spaces provided, would 50 percent of them, or a minimum of one, Yes No NIA 'f' □ □ ti/A □ □ 3 Btu/haBrlUsh thermal unit per hour; solar saving fraction deHned as the amount of energy provided by solar technology dMded by the total energy required. • "EV Ready• means a parking space that Is pre-wired with a dedicated 208/240 branch circuit Installed In conduit that originates at the electrical service panel or sub-panel and 40 ampere minimum overcurrent protecUon device, and terminates Into a cabinet, box or enclosure, In a manner approved by the building official. 5 "8/ Capable" means a parking space that has a cabinet, box or enclosure connected to a conduit linking the parking space to the electrlcal service panel In a manner approved by the bulldlng official. The electrlcal servJce panel shall provide sufHclent capacity to simultaneously charge all electric vehicles with or without a load management system. P-30 Page 6 of 13 Revised 02/1 7 I City of Carlsbad Climate Action Plan Consistency Checklist [ -Step 2: CAP ~$&* COn'alstepcy ~------~-. J Checklist Item (Check the appropriate box and provide explanaUon ror your answer) whichever is greater, have the necessary electric vehicle supply equipment to provide active charging stations ready for use by residents and guests? • Non-residential projects: Would six percent or the total parking spaces required, or a minimum or one space, whichever Is greater, be "EV Capable" to allow fur the future installation of electric vehide supply equipment to provide electric vehicle charging stations at such time as it is needed for use by future occupants? Of the total "EV Capable" spaces provided, would 50 percent of them, or a minimum of one, whichever is greater, have the necessary electric vehicle supply equipment to provide active charging stations ready for use by customers and employees? Water Utilities System Improvements 7. For one-and two-family residential projects, does the project include: • Waste piping to permit the discharge of greywater to be used for outdoor irrigation in compnance with Section 1502 of the California Plumbing Code?6 Check "NIA" ir the project does not include residential buildings. Yes No NIA - □ □ 6 Pursuant to Health and Safety Code Section 17922.12, greywater means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by Infectious, contaminated, or unhealthy bodily wastes, and does not present a threat rrom contamination by unhealthful processing. manufacturing, or operating wastes. Greywater Includes, but Is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not Include wastewater from kitchen sinks or dishwashers. P-30 Page 7 of 13 Revised 02/17 I Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TOM) Plan Commercial Buildings V 1.2 {city of Carlsbad Effective Date of Architect/Developer TDM Plan: _______ _ PHASE I: ARCHITECT/DEVELOPER SECTION I: GENERAL INFORMATION _ Develope_r: Build lo Suit Limited LP __ Architect/[)eveloper: .. , ~~~~-~~-~:~~!~h A~_~_ile_ct & Associates __________ _ Prima~y Contact: Linda Richardson t--------. ---··-· Mailing Address: 1000 Pioneer Way, El Cajon, CA 92020 --,·-------------------~~--~-- SECTION II: PROJECT INFORMATION cL=o'-1 2=0'-, c_Wc_h2ip=ta=ll~L'-oo2p'-R'-o=a=d___ ____ -------_ -------3 Carlsbad, CA ~--------- SECTION III: CAP ALIGNMENT Climate Action Plan Measure K: Promote Transportation Demand Management SECTION IV: FACILITIES Describe how you have incorporated the following Facility Standards into the design of your project plans. Include the number of amenities within each category as well as a site map, Please list at least one item from each of the six categories. 1) Bike Parking Requirements [il Secure Bicycle Parking D Bikes available for employees D End~of-trip facilities such as showers and changing rooms with lockers Updated I 0/6/2016 8 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TOM) Plan Commercial Buildings V 1.2 2) Pedestrian Facilities Iii Pedestrian Access to the Public Sidewalk Gityor Carlsbad D Direct Routes from Public Sidewalk to Each Building in the Project 3) Transit Facilities Et} Convenient Access to Transit 4) Vehicle Facilities Iii Preferential Parking for Carpools and Vanpools D Convenient Drop-off for Carpools and Vanpools Onsite 5) Facilities: On-Site Amenities D Cafe or Full Service Cafe Ii] Kitchen capable of providing catering D Conference Center/Meeting Rooms D Conference Communication Equipment D Wellness Center/Gym D Athletic Facilities D Delivery Services/Employee Service Venue; dry cleaning and/or other convenient services Updated 10/6/2016 9 Atludnncnt "A" to Climnlc Action Pl:111 Cmrnistcucy Checklist Trunsportutiou Demand Munngemcut (TOM} Plan Co111111m·dnl Buildings V 1.2 6) Acldlt\011111 (Optlounl) P1·og1·a111.!I n11d Services: {city of Carlsbad LJ Mobility Hub Scrvicefi (lrunsportation options, shuttle, bus service, c!c.) 0 EV lnfhrnlruclllrc Im] Pnrking M1111agcmcnl Pinn SECl'ION V: AllTHOl!IZATION N11111c nm! Signul111·c urCily orCnrlshnd Hc11rc.!lc11tnllvc: I. . . ... -~-·· ····1····. ····· .. -... -. . ... , . -.. -·---. ~-. . -- Printed Name S!~nat~r~ Updated /0/6/2016 10 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 {city of Carlsbad Effective Date ofTDM Plan: _______ _ PHASE II: COMPANY TDM PROGRAM SECTION I: GENt;RAL INt'ORMATION ~-----------~--------- _Company: Jon Renau/easihalr -------------- -----j --- Property Manager/ Human Resources Manager: ~-- John Reynolds ------------------··------ Primary Contact: John Reynolds --t---~--~ ----------------7 Mailing Address: ---12~10 Island View Way, Vista, CA _9_20_8_1 __________ 7 Phone: ------ Email: ---- 1 160-s42-1s11 L - +jo-h-,@-jo_m_e_oa_o __ ,-om--'[ ·-----------~---_____ _ SECTION 11: PROJECT INFORMATION Lot 20, Whiplail Loop Road Carlsbad 7 SECTION III: CAP ALIGNMENT Climate Action Plan Measure K: Promote Transportation Demand Management SECTION IV: PROGRAMS The following Programs 1-7 must be implemented within one year of project completion. Please list at least one item from each of the six categories. Updaled 10/612016 11 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 1) Completion of Annual Survey: {city of Carlsbad [j] Agree to conduct a TOM survey or an iCommute survey annually. 2) Designated On-site Transportation Coordinator: Ii] Agree to designate an on-site transportation coordinator to be the point of contact with the City, regarding transportation demand management facilities and programs. This person shall serve as the on-site coordinator. 3) IHformation Board or Kiosk: Ii] Information Board or Kiosk in Prominent Location for Residents, with resources on all modes oftranspm1ation. 4) On-Site Transit Pass Sales or Pre-Tax Transit Pass Program: D On-Site Transit Pass Sales D Pre-Tax Transit Pass Program (if applicable) or similar program !il Information about transit services to your location 5) Participation in Guaranteed Ride Home or similar program i.l Agree to patticipate in a Guaranteed Ride Home Program when a personal emergency situation arises for tenant who uses an alternative commute mode to get to work (or from work to home). Updated I 0/6/2016 12 AH11ch111cut 1'A11 to Climate Action Plan Co1tsislc11cy Chccldlst Trnuspurtalio11 Ocmantl Mnnngenwnt (TDM) Plan Co111111e1·dul Builtliugs V 1.2 D ltidc.~lrnrc matching scrviccs, subsi(lics or pre-lax demotion [1 Va11poul Services LJ Cur Sharing Services Ii:] Assistance in Pinding Commute J\ltcrnnlivcs 7) Addilioual (Optlo1111I) Pt'Uj,ll'UlllS 1111d St.!l'\'ic(•s: lJ ·1·c1ci.:rn11111ulc l'rog1·nm 0 l·'lcxlblc work hours or compressed work week D Parking Mr1nugc111c11\ Plm1 ti] Other On-Sile Amenities SlcCTION V: AUTHOIUZATION Name and Sigu11turc of City of Carlsbnd Rcprc.~c,ntnliv1.:: _ i Printed N~mc _ ___ _ __ l ~i-~_n_!'!U_~e . I Dale Updated I 0/6/2016 {city of Carlsbad I J -- ~4,..-df Order Number: NCS-863810-5D Page Number: 1 First American Title Insurance Company National Commercial Services August 09, 2017 Linda Richardson Hamann Companies 1000 Pioneer Way El Cajon, CA 92020-1923 Phone: (619)440-7424 Fax: (619)440-8914 Customer Reference: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: 4380 La Jolla Village Drive, Suite 110 San Diego, CA 92122 Vacant Land Whiptail Loop Vince Tocco/ Linda Slavik (858)410-3886 (877)461-2094 vtocco@firstam.com Techbilt Construction Corp Vacant Land, Carlsbad, CA PRELIMINARY REPORT RECEIVED AUG 2 9 2017 CITY OF CARLSBAD PLANNING DIVISION In response to the abo11e referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not exduded from co11erage pursuant to the pnnted Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exdusions from the co11erage and Limitations on Co11ered Risks of said policy or policies are set forth in Exhibit A attached. The polizy to be iSsued may contarn an arbitration clause. When the Amount of Insurance is less than that set forth in the arbftrabon clause, all arbi!rable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are a11ailable from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. Hrst American Title Insurance Company Order Number: NCS-863810-SD Page Number: 2 It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First AmenCan Title Insurance Company Dated as of August 03, 2017 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA Extended Loan Policy ALTA Standard Owner Policy Order Number: NCS-863810-5D Page Number: 3 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: BUILT TO SUIT LIMITED, LP, A CALIFORNIA LIMITED PARTNERSHIP Toe estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2017-2018, a lien not yet due or payable. 2. Supplemental taxes for the year 2016-2017 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $2,271.77, OPEN Penalty: $ 0.00 Second Installment: $ 2,271.77, OPEN Penalty: $ 0.00 Tax Rate Area: 09013 A. P. No.: 869-542-32-46 3. Supplemental taxes for the year 2016-2017 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $3,905.40, OPEN Penalty: $ 0.00 Second Installment: $3,905.40, OPEN Penalty: $ 0.00 Tax Rate Area: 09013 A. P. No.: 869-542-32-36 4. The lien of special tax for the following community facilities district, which tax is collected with the county taxes. First American Title Insurance Company District: carlsbad CFO #3 IMP 2 Order Number: NCS-863810-SD Page Number: 4 5. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 1, as disclosed by Notice of Special Tax Uen recorded May 20, 1991 as Instrument No. 19_91-0236959 of Official Records. Document(s) declaring modifications thereof recorded June 29, 2004 as Instrument No. 2004- 06067]3 of Official Records. 6. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3. 5 commencing with Section 75 of the California Revenue and Taxation Code. 7. The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee" recorded December 3, 1981 as Instrument No. 81-380028 of Official Records. 8. The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee" recorded December 11, 1985 as Instrument No. 85-46§_65~ of Official Records. 9. The terms and provisions contained in the document entitled "Notice of Restriction on Real Properly11 recorded November 9, 2004 as Instrument No. ~00_4-10660_56 of Official Records. 10. The terms and provisions contained in the document entitled "Notice and Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation Corridors Case No: CT 97-13" recorded November 9, 2004 as Instrument No. 2004-1066058 of Official Records. 11. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded December 15, 2004 as Instrument No. 2004-11800Ei7 of Official Records. 12. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded December 15, 2004 as Instrument No. 2004-1180068 of Official Records. 13. The terms and provisions contained in the document entitled "Agreement Between Developer/Owner and the City of Carlsbad for the Payment of a Local Drainage Area Fee" recorded December 21, 2004 as Instrument No. 20Qi-~201221 of Official Records. 14. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded February 5, 2007 as Instrument No. 2007-0081082 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded March 20, 2013 as Instrument No. ~913- 0175873 of Official Records. First American Title Insurance Company Order Number: NCS-863810-5D Page Number: 5 A declaration of annexation recorded October 25, 2016 as Instrument No. 2016-05764:03 of Official Records. 15. Abutter's rights of ingress and egress to or from Whiptail Loop except access opening have been dedicated or relinquished on the map of Carlsbad Tract No. 97-13-03, Carlsbad Oaks North Phase 3 of Tract Maps recorded October 13, 2016. 16. A deed of trust to secure an original indebtedness of $3,500,000.00 recorded April 03, 2017 as Instrument No. 2017-0146434 of Official Records. Dated: Trustor: Trustee: Beneficiary: March 28, 2017 Build to Suit limited, LP, a California limited partnership First American Title, a California Corporation John D. Reynolds, Trustee of the Reynolds Family Trust DTD 3/9/1994 17. Water rights, claims or title to water, whether or not shown by the public records. 18. Rights of parties in possession. First American ntle Insurance Company Order Number: NCS-863810-50 Page Number: 6 ~==· ·--------------~--------------------,. .. ---------------- INFORMATIONAL NOTES 1. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $20,514.00, PAID Second Installment: $20,514.00, PAID Tax Rate Area: 09013 APN: 209-120-18-00 Affects: The land and other property. Note for information: The San Diego County Assessor has indicated a new tax identification number will come into use for the property in question in the future. At this time the new number is: 209-120-22-00. 2. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $49,999.99, PAID Second Installment: $49,999.99, PAID Tax Rate Area: 09013 APN: 900-001-09-00 Affects: The land and other property. 3. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $49,999.99, PAID Second Installment: $49,999.99, PAID Tax Rate Area: 09013 APN: 900-001-08-00 Affects: The land and other property. 4. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $34,231.88, PAID Second Installment: $34,231.88, PAID Tax Rate Area: 09013 APN: 900-001-07-00 Affects: The land and other property. 5. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $0.00, NO TAX DUE Second Installment: $0.00, NO TAX DUE Tax Rate Area: 09013 APN: 900-001-06-00 First American Title Insurance Company Order Number: NCS-863810-SD Page Number: 7 Affects: The land and other property. 6. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded November 01, 2016 as Instrument No. 2016-0591600 of Official Records. From: Carlsbad Oak North Partners LP., a California limited partnership Techbilt Construction Corp., a California corporation To: A document recorded April 03, 2017 as Instrument No. 2017-0)46433 of Official Records. From: Techbilt Construction Corp., a California corporation Built to Suit Limited, LP, a California limited partnership To: 7. The property covered by this report is vacant land. 8. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 9. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; First American Title Insurance Company Order Number: NCS-863810-SD Page Number: 8 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITT COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. A certificate of reviver and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 6. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. A"rst AmenCan Title Insurance Company Order Number: NCS-863810-SD Page Number: 9 *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** First American Title Insurance Company LEGAL DESCRIPTION Order Number: NCS-863810-SD Page Number: 10 Real property in the City of carlsbad, County of San Diego, State of california, described as follows: LOT 20 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, ACCORDING TO MAP THEREOF NO. 16145, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON OCTOBER 13, 2016 AS DOCUMENT 2016-700043B OF OFFIOAL RECORDS. APN: 209-120-18-00 (Affects the land and other property) 209-120-22-00 (New APN, but not yet assessed) A"rst American Title Insurance Company Order Number: NCS-863810-SD Page Number: 11 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company Order Number: NCS-863810-5D Page Number: 12 CL TA/ALTA HOMEOWNER'S POLJCY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule 8, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (b) zoning; (c) land use; (d) improvements on the Land; (e) land division; and (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described In Covered Risk 14 or 15. 3. The right to take the Land by condemning it This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LJMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar limit of Liability shown in Schedule A. your Deductible Amount Covered Risk 16: 1 % of Polley Amount or $2,500.00 (whichever is less) Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLJCY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking First AmenCan Title Insurance Company 3. Title Risks: (a) that are created, allowed, or agreed to by you Order Number: NCS-863810-SD Page Number: 13 (b) that are known to you, bl.lt not to us, on the Poltcy Date --unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POUCY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained 1f the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceabil1ty of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, Is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: Ai-st American Title Insurance Company Order Number: NCS-863810-SD Page Number: 14 1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and 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 nght to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POL1CV (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or Iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or hmit the coverage provided under Covered Risk 5. b.Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 (however, this does not modify or l1m1t the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the lltle for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk U(b). The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Cornp<my will not pay costs, attorneys' fees or expenses) that anse by reason of: First American Title Insurance Company Order Number: NCS-863810-SD Page Number: 15 1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons In possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encrwchment, encumbrance, violation, vatiation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and 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 nght to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2.. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land Is situated. 5. Invalidity or unenforceabil1ty In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of It1 to have been constructed before, on or after Oate of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. First American Title Insurance Company