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HomeMy WebLinkAboutSDP 2022-0001; POINSETTIA VILLAGE MEDIA SCREEN; Site Development Plan (SDP)\.._ City of Carlsbad LAND USE REVIEW APPLICATION P-1 Planning Division 1635 Faraday Avenue (760) 602-461.0 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits {FOR DEPT USE ONLY) Legislative Permits (FOR DEPT USE ONLY\ D Coastal Development Permit ..J Conditional Use Permit Minor D Extension D Day Care (Large) D Minor D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit 0 Minor 0 Minor D Nonconforming Construction Permit 0 Planned Development Permit O Minor D Res1dent1al O Non-Residential D Planning Commission Detennination D Reasonable Accommodation D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Amendment D Specific Plan D Amendment D Zone Change D Zone Code Amendment Squth Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D MaJQr Village Review Area Permits [XJ Site Development Plan D Special Use Permit 5DP l_o,,--oOOI D Review Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance 0Mmor D Administrative D Minor D Major NOTE, A PROPOSED PROJECT REQUIRING APPUCATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIAL\ST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S). LOCATION OF PROJECT NAME OF PROJECT: '. BRIEF DESCRIPTION <§F PROJECT PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY "SAME DAY APPOINTMENTS ARE NOT AVAILABLE 214-430-16-00 7110 Avenida Encinas, Carlsbad, CA. 92011 (STREET ADDRESS) Poins~ttia Village to enable media screens on Volta EV $60,000 ESTIMATED COMPLETION DATE 2/15/2022 Development No. DE\! 2 0 l?. .... CO "1.. 2 Lead Case No. S Df' }O}} -ooo I P-1 Page1of6 Revised 10120 • • I ' OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME Eric Fujikawa (if applicable): (1/ applicable): COMPANY NAME (11 applicable). OS Properties 18 LP COMPANY NAME (1f applicable): Volta MAILING ADDRESS: 200 E Baker St. Suite 100 MAILING ADDRESS: 155 De Haro St. CITY, ST ATE, ZIP: Costa Mesa, CA 92626 CITY, STATE. ZIP San Francisco, CA 94103 TELEPHONE: 858-793-5761 TELEPHONE 619-370-9154 EMAIL ADDRESS: tsullivan@dsrg.com EMAIL ADDRESS· enc. fuJ1kawa@VOL T ACHARGING.COM I CERTIFY THAT I AM THE LEGAL OWNER ANO THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESF.NTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BESf OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION cwr'ff~ _G,m, J61dli.u-an 11/30/21 11/19/21 -SIGNATURE DATE SIGNATURE DATE APPLICANTS REPRESENTATIVE (Pnnt). Douglas Walkup MAILING ADDRESS· 1690 Scenic Ave. CITY STATE. ZIP: Costa Mesa, CA 92626 TELEPHONE· 714-697-3494 EMAIL ADDRESS dwalkup@brytemove.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION ANO THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGA)J--U J/!_ l?/1/zi SI~ DATEF r 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 APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES ANO CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST I, ,m , Jdu Iii Ha n PROPERTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of 6 RECEIVED JAN O 6 1012 CITY 0> CAkLSBAD P!...ANNINS ~\\J!S!~f J DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 10120 ~-Indemnification and Insurance Requirement for Village Area Administrative Permit [ Certification Statement: I I Certify that l 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. I 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 1s 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 permittee remains in compliance with the subject approved permit. Signature __ i_,,_m,_>6_ldh, __ ·_v;_a.n, _____________ _ Date_JLJ~/3=0=/~Z~J _____ _ Certification Statement: I Certify that l am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge. l support the applicant's request for a permit to place the subJect property on the public sidewalk I understand that an approved administrative permit shall remain in effect for as l ' long as outdoor displays are permitted within the Village Review Area and the perm1ttee remains in compliance with the subJect approved permit Signature Tun, ;,(JuUt,1,.ra,.n. -----------Date _1_1_1_30_1_2_1 ______ _ p 1 Page3of6 Revised 10120 ) 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 industrial/office complex with three industrial/office 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 I 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. IMPORT ANT: 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. 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 P-1 Page 4 of6 Revised 10120 \.. City of (~arlsbad DISCLOSURE STATEMENT P-1 (A) Qgyejgp_:-11gr,J .IZLl!Lte_s_ 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, 1n 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 \f 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 (NIA) 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 1f necessary.) Person Eric Fujikawa Corp/Part_V_o_lt_a_C_h_a_rg~in~g~------ Title Engineering Project Manager Title ---------------Address 155 De Haro St San Francisco CA 94103 Address 155 De Haro St San Francisco CA 94103 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-profrt, 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 !NOIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) 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 1f necessary.) Person Tim Sullivan Corp/Part OS Properties 18 LP Title Property Manager Address200 E. Baker St Suite 100 Costa Mesa, CA. 92626 Title. _______ . ________ _ Address, ____________ _ Paor, 1 of;, Revised 07110 I 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, 11st 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 ProfiVTrust __________ _ 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 twe!ve (12) months? 0 Yes Ill No If yes, please indicate person(s) .. ____________ _ NOTE: Attach additional sheets 1f necessary. ! certify that all the above information is true and correct to the best of my knowledge. Timothy Sullivan Signature of owner/date Tim Sullivan Print or type name of owner Eric Fujikawa Digitally sigood by Enc Fujikawa Date: 2021 12 06 09:44 59 --06'00" Signature of applicant/date Eric Fujikawa Print or type name of applicant Signature owner/apptic t's agent if applicable/date P~~('t~~~namy~ l5~£applicants agent P-1(A) Page2of2 Revised 07/10 1 Applicant (continued) • Corporatr:, Officers n Scott Mercer -Founder & CEO • 155 De Haro St, San Francisco, CA 94103 Chris Wendel-Co-Founder & President ■ 155 De Haro St, San Francisco, CA 94103 ,_-, Francois Chadwick-Chief Financial Officer • 155 De Haro St, San Francisco, CA 94103 \... City of Carlsbad PROJECT NAME APPLICANT NAME PROJECT DESCRIPTION P-1 (8) Poinsettia Village Doug Walkup / Volta Q_g__\!_.f,'/~?Q_n?.'.!.t~J.. S_ff.Y/(f/5 .. Planning Division 1635 Faraday Avenue (7G0) 602·4610 www.carlsbadca.gov 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. Description/Explanation· Install (2) Volta L2 EV chargers and re-strip parking as required for ADA compliance Trenching for conduit and wire from the existing electrical service to the proposed charger locations. These chargers have already been installed on the property. Page 1 of 1 Revised 07/10 .,. HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Co11sultatio11 of Lists of Sites f~e!ated to Ha;::a1dow; Wuste,; /Certiflcat1on of Coinplianc~ with Go\•"C'rnlnent Code Section GS%2 G) Planning Division .lbJ5 L1raday A\<em1e (7G0) 602·-•:(, 10 www.L;1rlsb,1J1 d.!_c,)V Pursuant to Strite of Califorma Govemn1ent Code Section 85862 !). I h3Ve consulted the Hazarrlo11s Waste and Substances Site5 List compiled by the California Environmental f-'rotection /-'lgency and riereby ce1t11'y that (ciiccK 01:e)· I lli:: dcvelcprne111 pro;ect cmd iJflY 8lle1112uvBs ptqJoS<:<d in this application are not cont1:1ined on tile lists compiled pm$uant to Sed1011 G('i96t> G of lilt: SUtc Governn1c:nt Code I_ J The devE:lopme1\l proj>::ld and ,my allernwive,-; proposed in llm, c1ppl1c,:ition -~ r::011tairwd 011 th~ lisb r:ornptl1:d ptm_;ua11\ to ~Ject1011 bS9t3?..S uf the Sic~!(::: 1Jove1:1incnt Corl<:l. APPUCANT Pt\OPEf-nY OWNEf~ Nwne Doug Walkup/ Volta D S Praperlles 18 LP C/0 Avid Tax Group Nc11·r1c ____ ~"~-·-------........... __ Addne,,, 1690 Scenic Ave. ______________ _ Adr:lrf:ss 325 Washington St #2148 Costa Mesa, CA. 92626 San Diego, CA 92103 -· . ·---·-. ., ------·--------··-----·····-.,_ -------·------------ !'hone N,m,be, 714-697-3494 Adrlr,,,,. or ,:,te: 7110 Avenida Encinas, Carlsbad, CA. 92011 1..ocal t\9(,ncy (City and c~Jllllty) .c~_~I-~-~~~-· ~~~---~-~~9?._s:;~~!l~Y. ··-------· ---- PM 15187, 214-430-16-00 f,s,;e:,sor's boo!< !,:18gc. rn1ri parcel n11111b<:::r Dttt,;:. of l..is1 - TImotnv sunI~an Pwp;;:rty Owner Sl(Jl13ture/Oale Tl"ie H;nmdous Waste and Substances. Siles l..ist (C<Jrlf;Se List) is used by the State, local agf.'HlCies arid d8Vt'<lop2rs to comply w1t11 tile Califomi8 F:nvironmental Quality />,ct requirement~; In r,rnvitiinu Inforrnat1on ahout ti1r➔ loca11on of I-1az:arrJous rnatmials relo2se sites Per the California Enviro11111ental Protection Agency's website "While Government CrJde Section 659t"J2.5 {referred to as the Cortese Li&t] makes ref,~rence tu the preparation of 21 'lh,t.'' many change::.; have uccutTE!d rfiiated to web-based 1nfonnation access s1nc8 [the amended statute's effective date in] ·)982 anci tl1is information is now forgely avai!~1ble or1 the Internet sites of tt1e responsible organizations. Those requesting oi copy of the Cortese '·list" are now reterrecJ directly to tl1e appropriate information resources contained on the Internet web sites of the boards or dep8Jtrnents that are referenced in the statute" f.lelow is a lisl of arienciff, H1at maintJln intcirmation regarding hazardous waste and substances Sites. Department ot Toxic Substances Control ~''.~i'-t .,~;::)f}.~.L::'.' vti:~'.~~lt_. ~-:l:.,::'..1_1_1j:/~~'l: f(:_::~•/L::~!_'Elc:-~J_L~'.-l~r-'.J, '\!\-'-''·'-' .c,01iccp:;, c:-'. t.J(l·:fdJ i.Jb;1,~t~!•:a)0 .. 1-._-;f "'iv.r.-.v. :J. 11 /i[_u~,~-:1: ___ ;n:::i; _(:_0__ ~wYJP_l 1bl.!:-:- Enw0Stor Hefp Desk (916) 323-3400 State Water Resources Control Board County of San Diego Department of Environmental He~lth Services /-'.:~ \\' .f< ~-s :1r1.:•:;1,.r1q_'.;t1 _'J>Fl~t:! l·l.Jzardvus Malf!rial:; Division ·t'-':·1,y. • ,_;:h_,_,:1_,!:', y ._~_;,~ .. w:1ti;,lgh,J·_,,J;~1_:•s.:1(t~SlD 1( __ J-'81 1··1:t:::. i:n, ii Mailing Address: County of San Diego Oepartment of Environmental He:=.ilth PO.Bo>: 129261 San Diego, CA 92112~926 I Cc1II Duty Specialist for teclmic,:,J questions at (858) 505-6880, fax (858) 505-6868 (fox} Environmental Protection Agency N;itioni:ll Priorities Sites ("Superfund" or "CERCLIS") :'i:t!i.'!'f. (c!_p:?.JJy y i :;;J n) ~-J t1.!t:i:Jtjt:.~:::t ·;\ ,u:o_i_~.15 (800) 424-9346 or· (702) 2848214 r,Jationai Pnonties Ust Sites in the United States "'.':'':~''_,_'✓__: J~~= ._qrJ:J,'. ':.\.lf1.c-;-(f_i :_; ~.,_i_!;;:}_l~:_:-/ ;J;..1 j /_i} t!.1_ f .!l.0:1 I' 1(Ci -~----------- \,_ City of Carlsbad EIA INFORMATION FORM P-1 (D) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM !-~ f:x e_~,Q.PJll .e_.,.1. r -~ c;_L I.( irg __ :~_ 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 Negatlve 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 especialty 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(Dl Page1of4 Revised 07/10 Date Filed. 12/13/21 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) (To be completed by City) Application Number(s): ________________________ _ General Information 1 Name of project Poinsettia Village 2 Name of developer or project sponsor Volta / Eric Fujikawa Address 155 De Haro St. City, state. Zip Code: San Francisco, CA. 94103 Phone Number 619-370-9154 3. Name of person to be contacted concerning this pro1ect. Douglas Walkup Address 1690 Scenic Ave. City. state, Zip code: Costa Mesa, CA. 92626 Phone Number· 714-697-3494 4. Address 01 Project 7110 Avenida Encinas, Carlsbad, CA. 92011 Assessor's Parcel Number 214-430-16-00 ---------------- 5. Ust and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies· Building and electrical permits. 6 Existing General Plan Land Use Designation· _C_o_m_m_e_r_c_ia_l _________ _ 7 Existing zoning district" _C _____________________ _ 8 Existiog laod use(s), _S_h_o~p,_p_in_g=c_C_e_n_t_e_r ______________ _ 9. Proposed use of site (Project for which this form is filed) No change. Project Description 10 Site size 50 sq. ft. ----'------------------------- 11. Proposed Building square footage. N/A 12: Number of floors of construction _1 __________________ _ 13 14. P-1{0) Amount of off-street parking provided· 1 EV Van accessible parking stall and access aisle. Associated projects. _N_/_A _____________________ _ Page 2 of 4 Revised 07/10 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. -"~•'~""~"'~•~"°"'=·~"~·s~sa~,~"~"----------------- 17. If industrial. indicate type, estimated employment per shift, and loading facilities: N/A 18 If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the proJect: -"~"--------- 19 If the project involves a variance conditional use or rezoning appl1cat1ons. state this and indicate clearly why the appl1cat1on is required: Gny is requiring a CUP /0< the oonUnusd installation of these Volta Ev chargers as lhay are considered as a billboard. P-HD) Page 3 of 4 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 solrd 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, 011, natural gas, etc.) 31 Relationship to a larger project or series of projects Environmental Setting Attach sheets that include a response to the fo/fowmg questions. Yes □ □ □ □ □ □ □ □ □ □ □ □ No IZI IZI IZI IZI IZI IZI IZI IZI IZI IZI IZI IZI 32 Describe the project site as It exists before the project, including information on topography, s01I 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: 12/3/21 Douglas Walkup Digitally signed by Douglas Walkup Signature: oa1e: 2021.12 03 09 22 11 .os·oo· brytemove energy P-1(D) Page 4 of 4 Revised 07110 Development Services Planning Division 1635 L1rad<1y /\vi!nue 7fi(Hl02-4fi10 wv,;w .carlshadca_g{)V PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 \._ City of Carlsbad 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. 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 Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG} reduction targets. ln this manner, a project's incremental contributiori to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b).* *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section 15183.S(b). Please consult with the Planning Department for further guidance Additional information may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staft re.12.ort. This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found ori the City of Carlsbad 1vebsit_g. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. P-30 If an item in the checklist is deemed to be not applicable to a project, or 1s less than the minimum required by ordinance, an explanation must be provid0d to the satisfaction of the Planning Division or building official. The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. Details on CAP ordinance requirements are available on the city's website. RECEl\'t .. , JAN O 5 2022 Pag1; 1 of 7 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY 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, Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit .:it or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTCO1e) GHG will be subject to a projecHpecific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This mc1y result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the propose:i proJect rnnsi,;tent with the ex11tIng General Plan land u>e ano 1pecific./rrmter plan or zoning des1gnat;ons? OR, If the proposed project Is not consistent with the existing land use plan and zoning dPsignat1ons. does tne project include a land use plan a~d/or spe{ific plan, •naster plan or mnmg des1gnatIon amend'llem that would rewlt In an equivalent or less GHG-intensIve project when compared to the existing designations? Yes No □ {ZI _ _L ___ J.... ____ _ lf"Yes'', proceed to Step 2 of the checklist. Focthe ,ernnd option under Q,iest1on A obove, provide est1rnated project•related GHC emiss,on, under both existing and proposed de,1gnat,on(s) for rnmpJrison. GHG emIs,Ions must be estimated in accordanc€' with the City of Carlsb~d Gu-iiln(P to Cer1v1stro:'re~c-_:10,,u,~cy ,1,1li1 ti";,~ C!1:_'ldi"• h(l!Ol"I ~!on If "No", proceed to Question B, B. The ~p e,taol1shed d scre~ning threshold of 900 ~Tme/year for new d;~elopmerit projec~·; Jss1st in d~~;·i;;i~~--·--- rnn>istercyw1th the CAP, The types and ,ize1 of typical projects listed below have been determined to corre,pond·t~,the CAP ! ;u een•ng threshold. Will the proposed land use chan°e result In the ccnstnH:tIon of less than Jny one ohhe following? • • • • • s,1gle-FamjlyJj.Ql@.llil.: 50 dwelling units Mu!t1·FJm1ly Hgusing. 70 dwelling units Office: 35,000 square feet Re;ail StQL~ 11.000 sq'JCre feet §_rocery S~ore: 6,3GO 1quare feet Other: If the proposed project is not one of the above types, prnv,de a proJec\.specilrc GHG em,ssio% analv,1s to determine whether it is below t:ie 900 MTCOJe/year screening threshold. If "Yes". proceed to~ of the crecklist. {;21 □ If "No", the project\ GHG impact Is potentially significant and must be analyzed ir accordance with CEQA. Applicant must prepare a Self.developed GHG emIssIon1 reduction program In accordance with the City of Carlsbad GuidJ~L~ :o Den,crNrJt,r,g, Co~,I,te~l,i wJj 1[,e Ciirnte Act1ur _::211 to demonstrate how it would offset the increase In emissions over the existing designations. The project must incorporate each of the appi1c;ible measures identified in Step 7 to mIt1gate cumulative GHG emission', impacts unless the dew on rna\\erfmds that a mea>ure is mfeas:ble m accordan(e with (aliiornia £nvironmF-ntal Quality Act Guideiines Section 15091. ,\i!itigat:on ,n lieu of or In addition to the measures In it€PJ may be required, depending on the results ol the projecHpecific GHG il""lpact analysis. Proceed a~d col""lplete J pro_1ect·specif1c Self·d~veloped GHG emission, reduction progr3m and Step_j of the Checki1st P-30 Page 2 of 7 Revised 07121 ., City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Prowct No./Name: Poinsettia Village ------~-------·------------- Property Address/APN. 7110 AVENI DA ENCINAS, CARLSBAD, CA 92011 / 214-430-16-00 -----·-----------~ Applicant Name/Co.: _Doug_ Wa_lkup / brytemove energy Applicant Address: 1690 Scenic Ave. Costa Mesa, CA. 92626 ContJct Phone: 714-697-3494 Contact Emarl: dwalkup@brytemove.com Contact information of person completing this checklist {1f different than above): Name: Company name/address: Contact Phone: Contact Email Use the ta hie below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existmg building, please contact the Carlsbad Building Division for assistance in e$timating building permit valuation, by phone c1t 760-602-2719 or by email at 9.\uli;i_iD.s_fucJrl,b,1dca.go_\'.· [7 Alterations: L-J BPV < $60,000 N/A ___________________ _,_ -----+------------------All residential alterations □ BPV::: $60,000 □ f:lectrical service panel upgrade LJ BPV :2: $200,000 lA and /I.A 1-2 family dwellings and townhouses with .ittached 4A gJrages only -·-----·-·----+---------·----------Mult1-fan11[y dwellings only where interior finishi;s are 1A and 4A removed c1nd significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed ·::a;~~~~~1:."fltJ¾~\i;~:t=a,0;,1£¥:ft,.r,;e;r\~~~:~:~¾i+1~,h"~~1Y_(~U·trrY!,~l~:1~1~~£J[::ill.";~~:m:jgw~ie4:i.~~r~,.,~~:Q~¥J;ffe~\\:j:?~~,£'.~~;t,t.::?s~/ ,? .. , .. :, 1~~1f'~'l"'.A!"T~-'//-";~-.-.,:;;,--:~:k'<f'1 _,_-.. ·Jfii-/ c,,dJ.',,t:._, <<"t,;;,,'>i,,,0,-,z;f,',,,·."0;-,;.,l.,:-s ,. !"~1e !-"" , ~ '·. -'--,,.-1,. ' "' --,, c'v • lB, 28, 3B, 4B and 5 0 New construction ~ Alterations: P-30 Page3of7 Rev,sed 07121 City of Carlsbad Climate Action Plan Consistency Checklist ---~ ~-B-P_V_e_$_2Q-Q,(io_O_o_c_a_d_d_it-io-o-,-,--i·~----- 1,000 square feet -----+---------"··---- □ BPV 2: $1,000,000 1B, 2B and 5 Building alterations of 2: 75% existing gross floor area 0 ? 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV?: $200,000 Please refer to LlrlsbJd Ord,nance No. CS-347 and the California Green Building )tandards Code (CALGreen·1 for more information when completing this section. □ Vear Sui It Residential addition or alteration? $60,000 building permit valuatlon. See Ord. CS--347, Section 8. ,. ___________ _ Single-family Requirements ;J Before 1978 Select cne: -g_pu[!~-~~t 'J Attic insulation C 1978 and lam Select one: i] Cool rool U Ligh11ng pac~age C Water healing pa~kage ----·-·--·~----n Betweer 1978and 1990 [: 1991 and later a. E2J Nonresidential* new construction or alterations?: $200,000 building permit valuation, or additions l 1,000 square feet. See CAL Green Appendix AS, Discussion AS.2, as amended in CS--347, Section 3. D E~cept1on· Home energy swre? 7 \attach certifrcatron) 0 Att,c insulation Select one· J Attic insulat10~ Select one· C L!ght1ng package U W<lter heat:ng package ---- AS 203 11.1 [~ Outdoor i1ghtIng: .90 Allowed Outdoor lighting Power AS.203.1.12 ,] Rntaurant ser✓Ice WJter heating (comply with CaliforniJ EnNgy Code Section 140.5, a.1 arnended) ---- AS.2G3.1.2.1 Choose one as appl;cable: C .95 Energy budget □.90Energybudget i2I N/A -------~~====,===- AS.211.1.*" D On-~1te renewable energy ~ N/A AS.211.3" L. Green power iii offer!KJ by local utility provider, 50% rriInimum renewable sources) a NIA-'======== AS.212.1 [ Eievators and escalators i\.5213.1 __ l~.?!~el frarriing P-30 ~ N/A __ _ ---- Page 4 of 7 Revised 07121 City of Carlsbad Climate Action Plan Conslstency Checklist * Includes hotels/motels and high-rise residential buildings •• For alteratiom ~ $1.000,000 BPV and atfect1r.g > 7S% existing gross floor area, or alterations that add 2.QOO square feet of new roof :idd1t1on: comply w,tii (aIifom,3 Energ,1 Code sectI0~ 120.10 instead. ~:~~ 0 ~~jfZ~P;:~~t0~,<~i:i~~~?~:t:~~4t?kzi~~:J,~:~~~M~;~;v0~z~£~~~~J:~{~'.S§ A. D Residential new construction (for building permit applications submitted after 1/1/20), Refer to 2019 california Energy Code section 150.l(c] 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to carlsbad ordinance CS-348, increase system size by .3kWdc if PVoffset option is selected, -----------~-------,-~- floor Plan ID (use add1t1o~dl <;hret.11f necr,saiy) i CFA -----------j-------~---·- k\Vdc ~ (CFAx.572I / 1,000 + 1) 15 ~ #d.u ) • #du. Ucu:ated kWdc' 'Formula c;1kulatior where Cf A= conditional floor area, fldu ~ number of d;11rll1ngs prr plan :ype If propmed ,ystern sizp 1.1 less thar, calculated size, please explain. ------------------·" ~xception LJ B. D Nonresidential new construction or alterations ?:$1,000,000 BPVand affecting ?:75% existing floor area, or addition that increases roof area Oy ~2,000 square feet. Please refer to Carlsbad Ordinance CS-347, Section 61-Vhen completing this section. Choose one of the following methods: --- □ Gross Floor Area (GFA) Method GFA· Min. System Size: kWdc □If< 10,000sJ Enter: 5 kW de []If;,,_ 10,000d. calculate: 15 kW de x (GFA/10,000) ** **Round building size factor to n~arcsttenth, and round system size to nearf'st whole number D Time-Dependent Valuation Method Annual TDV Energy use:0 ~ ---------------------- -----·--·-·--x .80.,. Mm. sy.strm size: kWdc **' Attach calculation documentation using modeling software approved by the California Energy Commio>ion. -----------------------.. ------------- fJ-30 Page 5 of 7 Revised 07/21 City of Carlsbad Climate Action Plan Consistency Checklist ~1~-~!~~i~ti~l}i~j:·~i~;;;:5~~~~~)¥$: A. D Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. [j For systems serving individual dwelling units choose one: CJ Heat pump water heater AND compact hot water d1stribut1on AND drain water heat recovery (low-rise residential only) D Heat pump water heater AND PV system .3 kW de larger than required in CA E.nerp,y Code Section 120.10 (for high rise residential hotel/motel) or 150,l(c) 14 (for low-rise res1dent1al) D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification [] Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors C Exteptc;~o~c,0, =======cc========= 'J For sy~tems serving multiple dwelling units, install a central water-heating system with all of the following: '.J Gas or propane water heating system l] Recirculation system per CS-347 (high-rise res1dent1al, hotel/motel) or CS-348 (low-rise residential) □ Solar water heating system that is either: □ .60 solar savings fraction or40 s.f. solar collectors □ .40 solar savings fraction, plus drain water heat recovery C Exception: ==== -------~-----_ ----- B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal □ Photovoltaics [J Recovered energy CJ Water heating system b (choose one): LI Heat pump water heater [I Electric resistance water heater{s) □ Solar water heating system with .40 solar savings fraction __ L~~~ept'.~~_:_;::::.-========================== A. [] Residential New construction and major alterations* Please refer to Carlsbad O_r:_dinance CS-349 when completing this sect.i,0o0n0. _______________ ---·--· ________ _ [J One and two-family residential dwelling or townhouse with attached garage: Cl One EVSE ready parking space required 0 Exception . -------'=□'-""~':''c'~t;~o~pc·=========-=·-=·=--=-====~~ Total Parking Spaces EV050E=S,p0,0ce0s __________ T _______ .. ___ , _____ .J Proposed _ _.,. ___ , ______ t;_a=p=,b='='--+--~R=ea=d=-~-----J Installed I _____ Total __ ·--=l Calcu'atio~,: Total EVSE spaces= . ~O xTotal parking \rounded up to neJrest whole number) EVSE lnstJlled = Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE ot'1er= T8tJI EVSE spJces -EVSE Installed (EVSE 8th er may be "CJpable,·· "Ready" or "Installed ') P-30 Page6of7 Revised 07121 City of Carlsbad Climate Action Plan Consistency Checklist ·Ma1or alterat,ons are: (li for one and two•fam1ly dwellings and townhouse-; w1tii attached garages, :i1terat1ons have a bJ1lding permit valuation~ $60,000 or include an eiectrical service pariel upgrade; (21 for multifamily dwe:lings (thr2e units or more w;thout attached garages), alteration, haw a building perrrut va!uat1or. ~ $200,000, interior firnshe, are removed and s1grnf1cant site work and upgrades to structural ard mechanical, electrical. ,3nd/01 plumbing system, are propo,ed. B. ['] Nonresidential new construction (includes hotels/motels) T Otdl Parking Spaces ___ ~::_op_os~~ 2 [] Exception : A List each ;imposed nonresidential use and gros.1 floor area /GFA) allocated to each u.1e. B. '.:r1ployee ADT/1,000 square feet is selected from the City of C3rl.1bad Emplovee ADI lable. ~---------~--,---------------- Total I'------======~ If total employee ADT is greate' than or equal to .110 employee ADT. a TlJM plan is required. •NOTE: Notwith1tand•ng the 110 employee ADT threshold above, General Pl.3n Mobility Element Policy 3-i'.11 reqJ1res new dfvelopment tn2t adds vehKle traffic to vehicle LOS-exe,npt street facil1111:s to 1mplemert lDM and transportation sys terr management s~rategies Please consult with C1tv of Carlsbad La1d Development Engmeering {LOE) staff to determmr whether this pol1cv applies to ~our proJett. TDM p!an requirPd: Yes [ No ~ LDl StafVenficat1on: iJ _______ (staff :n1t1als) P -30 Page7of7 Revised 07/21 I (._ City of Carlsbad STORM WATER STANDARDS Development services QUESTIONNAIRli-1 . L;md DevelopmentEngineering 1\3:CEi\i f: i,,,·' 1635FaradayAvenue E-34 t76oJ ,02-2,so JAN O 5 2022 www.carlsbadca.gov LJk$r~uctio,;,s:, ,; ;.. --•·.-. _ •--___ • --.. -.. • .--_ --_ .. • • _ ·• ... -.-•---------. • -. <JJ To address post-developmen"f pollutants that may be gerierated from developme'nfpr"Ojects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be app!ied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements, 'STANDARD PROJECT' with TRASH CAPTURE REQUIREMENTS, or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. tn this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. .• '.':/;.,--• "··\,-'.:-·','.:>': -•-:: • ·c-:::;-i•ROJEPT,1N~ORMATWN -:.•'• • c>: :1<l'''.·-' :; ,,-.; : -;:,,_ ":>·, __ , :-: -> ''·;-:' . .-,'. -, ,• --, ----··-' ....... ,·. ' ' . -.. ,. PROJECT NAME: Poinsettia Village APN; 214-430-16-00 ADDRESS 7110 AVENIDA ENCINAS, CARLSBAD, CA 92011 The project is (check one): D New Development ~ Redevelopment The total proposed disturbed area is: 2€0 ft' (6-DO\) acres The total proposed newly created and/or replaced impervious area is: Z-50 ft' ( O. DDt) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP# Then, go to Step 1 and follow the instructions_ When completed, sign the form at the end and submit this with your application to the city. This Box for City Use Only YES NO Date: Project ID: City Concurrence: □ □ By: E-34 Page 1 of4 REV 09121 I :::[i~lfr~~~;·;;1¥i0t~~:~~:iti~:i~~i~i,tI~::~·~~:·:'.;1i1tu~~~l~ir~!~:ix~~::::,~1:;~{f?r:~iit~t~~it2}::}_f :{ To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maint'enance activity and/or repair/improvements to an existing building {21 □ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 6, mark the box stating "my project is not • 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): The chargers are already installed on the property and did not alter any structures or change the size of anything. The project only included installing 2 EV Chargers and associated wire and conduit, the chargers are instal!ed in existing parking islands. lfyou answered "no" to the above question, the project is a 'development project', go to Step 2. c~;t1~l1ll?J~;G~~ft:IZ~~fili;0~ffi~li•lfl··••tiil~~!~~t•ltfii~~li!tti\t: To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; OR □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets quidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ □ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □ If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 6, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption I e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of4 REV 09/21 ' ' ,_, ·. , .. _ i~}X~Yi~i~~ii~;fz:~it~~iilJl?iii~i~ll~~~lfi;ii~~i~fjiii~~J ' :---<}J:,c: : ;>;':;:;-::;: To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1 ls your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ □ and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet Of more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is □ □ a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard !ndustrlal Classification (SIC) code 5812). 4 Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside develooment oroiect includes develonment on anv natural slone that is twenfv-five oercent or areater. □ □ 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking !ot? A parking lot is □ □ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ □ site? A street, road, highway, freeway or driveway is any paved impervious sutface used for the transnorlation of automobiles, trucks, motorcvc/es, and other vehicles. 7, Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally □ □ Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).* 8. 1s your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ □ shop is a facility that is categorized in any one of the following Standard Industrial Classification {SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This catego,y includes □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction? 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ □ 21.203,040) If you answered "yes'' to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 6, check the first box slating, "My project is a PDP .. " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT'. Go to step 5, complete the trash canture nuestions .. • Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies: areas designated as Areas of Speaal 8iolog1C<JI Significance by the State Water Resources Control Board {Water Quality Control Plan for the San Diego Basin (1994) and amendments), water bodies designated with the RARE beneficial use by the State Water Resources Control Boord (Water Qualrty Control Plan for the San Diego Basin {1994) and amendments): areas designated as preserves or. their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego: Habitat Management Plan: and any other equivalent environmentally sensitive areas which have been identified by the City. Page 3 of4 REV 09/21 YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of !ess than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) =-----------~sq. ft. Total proposed newly created or replaced impervious area (B) = ___________ ,sq. ft. Percent impervious area created or replaced (B/A)*100 = % □ □ If you answered "yesb, the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development Go to step 6, check. the first box stating, "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BM P's required for PDP apply to the entlre development. Go to step 6, check the first box statin , "M ro·ect is a POP ... "and com lete a licant information. Complete the question below regarding your Standard Project (SORWQCB Order No. 2017-0077): YES NO Is the Standard Project within any of the following Priority Land Use (PLU) categories? R-23 {15-23 du/ac), R-30 (23-30 du/ac), Pl (Planned Industrial), CF (Community Facilities), GC (General D D Commercial), L (Local Shopping Center), R (Regional Commercial), V-B (Village-Barrio), VC (Visitor Commercial), 0 (Office), VC/OS (Visitor Commercial/Open Space), Pl/O (Planned Industrial/Office), or Public Trans ortation Station If you answered "yes", the 'STANDARD PROJECT' ls subject to TRASH CAPTURE REQUIREMENTS. Go to step 6, check the third box stating, "My project is a 'STANDARD PROJECT' subject to TRASH CAPTURE REQUIREMENTS ... "and complete applicant information. If you answered Uno", your project is a 'STANDARD PROJECT'. Go to step 6, check the second box stating, "My project is a 'STANDARD PROJECT' .. " and com !ete a licant information. ~~!ilflijt1il~~ftt~~:-f~t -,,.,·'"• -._ --. =====:"""""'-f"•"" "•""""•''"" .•ccc-·.,c,c,CS•·C,,a,. •""-•cc·-,c.c;,,c•y,C,_ -•• ,,. "--"· •?, c:-~~":,m"''¥"?;~"i"'tt"'.i¥":f"il7~f"~["~fs~c,§f"'t";\"irlt D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand 1 must prepare a Storm Water Quality Management Plan (SWQMP) per E-35 template for submittal at time of application. □ My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, l will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. 0 My project is a 'STANDARD PROJECT' subject to TRASH CAPTURE REQUIREMENTS and must comply with TRASH CAPTURE REQUIREMENTS of the BMP Manual. I understand I must prepare a TRASH CAPTURE Storm Water Quality Management Plan (SWQMP) per E-35A template for submittal at time of application. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. !;zJ My project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box AppllcantName ~~ Applicant Signatur: Applicant TIiie: j (<1'lJ Cl)OrJ. i 41,.fD; Date: -~l'l_,,_/i-J'-/--Z~/ ______ _ E-34 Page4of4 REV 09/21 e Fidelity National Title Company 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660 Phone: {949) 622-5000• Fax: Issuing Policies of Fidelity National Title Insurance Company Title Officer: Trent Cornell (MA) Escrow Officer: Major Accounts OAC Order No.: 997-30076197-TC1 TO: Donahue Schriber Realty Group 200 E. Baker Street, Suite 1 00 Costa Mesa, CA 92626 ATTN: Ryan Gillard YOUR REFERENCE: PROPERTY ADDRESS: 7030-7040, 7110-7130 and 7150 Avenida Encinas, Carlsbad, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy fotms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause, When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parlies. 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 Attachment One. Copies of the policy fotms should be read. They are available from the office which issued this report. 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 liab11fty is assumed hereby. If il is desired that liab{fity be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be po/icy(s) of Fidelity National Title Insurance Company, a Florida Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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. Countersigned by: c~ Authorized Signature Cl TA Preliminary Report Form -Modified (11/17/06) Page 1 • Fidelity National Title Company 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660 Phone: (949) 622-5000• Fax: PRELIMINARY REPORT EFFECTIVE DATE: November 2, 2021 at 7:30 a.m. ORDER NO.: 997-30076197-TC1 The fonn of policy or policies of title insurance contemplated by this report is: ALTA Standard Owners Policy (6-17-06) THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee as to Parcel(s) A Easement(s) more fully described below as to Parcel(s) B 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN. DS PROPERTIES 18 LP, a Delaware limited partnership 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: Sea Exhibit A attached hereto and made a part hereof. CL TA Preliminary Report Form -Modified {11/17/06) Page 2 PRELIMINARY REPORT Your Reference: EXHIBIT A LEGAL DESCRIPTION Fidelity National Title Company Order No.: 997-30076197-TC1 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS; PARCEL A: PARCELS 2, 4 AND 12 OF PARCEL MAP NO. 15187, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 28, 1988, RECORDER'S FILE NO. 88-140044 OF OFFICIAL RECORDS, AND AMENDED BY CERTIFICATE OF CORRECTION, FILED-BY DOCUMENT RECORDED MARCH 08, 1991 AS FILE NO. 1991- Q!_Qi?69 OF OFFICIAL f{ECOl3DS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM ALL MINERAL RIGHTS NOT HERETOFORE OTHERWISE CONVEYED OR RESERVED BY GRANTOR, INCLUDING WITHOUT LIMITATION ALL OIL, GAS, HYDROCARBON AND SIMILAR RIGHTS, AND ALL WATER, WATER RIGHTS, GEOTHERMAL STEAM AND STEAM POWER, WITHIN OR UNDERLYING THE REAL PROPERTY HEREIN CONVEYED, TOGETHER WITH THE PERPETUAL RIGHT OF DEVELOPMENT THEREOF; PROVIDED, HOWEVER, THAT THE RIGHTS HEREIN RESERVED AND EXCEPTED DO NOT INCLUDE THE RIGHT TO ENTER UPON THE SURFACE AND THE TOP 500 FEET OF THE SUBSURFACE OF THE REAL PROPERTY HEREIN CONVEYED AS RESERVED BY THE OCCIDENTAL LAND AND DEVELOPMENT CORPORATION, RECORDED JULY 21, 1981, RECORDER'S FILE Np 81-228252 OF OFFICIAL RECORDS. PARCEL B: NON-EXCLUSIVE EASEMENTS ENCUMBERING PARCELS 1, 3, 5, 6, 7, 8, 9, 10, 11, 13AND 14 OF PARCEL MAP NO 15187, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE 6F THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 28, 1988 AS FILE NO 88- 140044 OF OFFICIAL RECORDS, AS MORE PARTICULARLY DESCRIBED IN THE OPERAT1ONAND RECIPROCAL EASEMENT AGREEMENT DATED JUNE 01, 1988, EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATED DEPARTMENT STORES, INC., A DELAWARE CORPORATION, RECORDED JUNE 06, 1988 AS FILE NO. 88-267194 OF OFFICIAL RECORDS, AS AMENDED AND RESTATED PURSUANT TO THAT CERTAIN FIRST AMENDMENT AND RESTATEMENT OF OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED DECEMBER 30, 1988 AND RECORDED DECEMBER 30, 1988 IN THE OFFICIAL RECORDS OF SAN DIEGO COUNTY AS FILE NO 1988- 674762 OF OFFICIAL RECORDS. APN. 214-430-14-00 APN: 214-430-16-00 APN:. 214-430~_?4-00 CL TA Preliminary Report Form -Modified (11/17/06) Page 3 PRELIMINARY REPORT Your Reference. EXCEPTIONS Fidelity Nationa! Title Company Order No.: 997-30076197-TC1 AT THE DATE HEREOF, ITEMS TD BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 214-430-14-00 2021-2022 $39,492.73, OPEN (Delinquent after December 10) $3,949.27 $39,492.73, OPEN (Delinquent after April 10) $3,959.27 $0.00 09027 B. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 214-430-16-00 2021-2022 $12,560.15, OPEN (Delinquent after December 10) $1,256.01 $12,560.15, OPEN (Delinquent after April 10) $1,266.01 $0.00 09027 C. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 214-430-24-00 2021-2022 $8,482.42, OPEN (Delinquent after December 10) $848.24 $8,482.42, OPEN (Delinquent after April 10) $858.24 $0.00 09027 CL TA Preliminary Report Form -Modified (11/17/06) Page 4 PRELIMINARY REPORT Your Reference. EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 997-30076197-TC1 D. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFO) as follows: CFO No: For: Disclosed by: Recording Date: RecordiQ_g_ No. Community Facilities District No. 1 City of Carlsbad Notice of Special Tax Lien May 20, 1991 1991-0236959, Official Records This property, along with all other parcels in the CFO, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Carlsbad, County of San Diego. The tax may not be prepaid. Further information may be obtained by contacting: Jim Elliott, Finance Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Telephone: (619) 434-2867 E. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the document, Recording Date: July 18, 1963 Recording No: 125935. Official Records Said instrument additionally contains the privilege and right to extend structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof. Among other things, said document provides: "Lands which lie generally Northwesterly and Southwesterly of said Paree! shall abut upon and have access as hereinafter provided to a connecting road which will be connected to the main thoroughfare of the freeway only at such points as may be established by public authority." 3. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: July 21, 1981 Re_cgrding N()_·_ 81-228252 of Official Records CLTA Preliminary Report Form -Modified (11/17/06) Page 5 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company Order No .. 997-30076197-TC1 4. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: Recording No: December 29, 1983 83-475374 of Official Records 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Recording No: Purpose: Affects: Tract No. 10829 ..!Q§.?.~, of Maps Drainage Said land as delineated on Map of said Parcel Map and shown on the Survey by Cornwell & Associates Inc., dated 5/14/18, as Job No. 162-7 6. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No· Agreement Regarding Construction and Use of Desiltation and Retention Basin and Traffic Improvements October 07, 1983 Group VI, a California limited partnership, Seabluff Associates, a CaHfomia joint venture, Cecil A Smith, a married man, as his sole and separate property, Carlsbad Corners Incorporated, a California corporation, R.C. Jewett Company, a California general partnership and Poinsettia Investment Co., Inc., a California corporation February 06, 1984 84-045340 of Official Records Reference is hereby made to said document for full particulars. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: San Diego Gas and Electric Company Underground utilities August 06, 1984 84-297511 of Official Records The exact location and extent of said easement is not disclosed of record. 8. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No Hold Hannless Agreement August 26, 1986 Poinsettia Associates and the City of Carlsbad December 17, 1986 -~6-5§1_3787 of Official Records Reference is hereby made to said document for full particulars. Cl TA Preliminary Report Form -Modified (11/17/06) Page 6 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company Order No 997-30076197-TC1 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: San Diego Gas and Electric Company Underground utilities October 20, 1987 87-590531 of Official Records The exact location and extent of said easement is not disclosed of record. 10. Easement{s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Rec.9.r:.ding No: Parcel Map No 15187 15187, of Parcel Maps Purpose: Drainage, Water, Traffic signal maintenance, Clear space, Reciprocal parking and access, Public utility, general access and drainage 11. Recitals as shown on that certain parcel Map N9 15187 ~1~Z, of Parcel Maps \/Vhich among other things recites: A reciprocal access and drainage easement is hereby reserved across Parcels 1 through 14, inclusive, and the maintenance of said easement shall be the responsibility of all the property owners in perpetuity. The effect of the notation on E_arcel Map Np 15187, as follows: The maintenance of the private access easement over Lot 9 shall be the common responsibility of all property owners in perpetuity. Recitals as shown on that certain Pargel Map No 15187, Recording Date: March 28, 1988 Record1n9}!'2.:_ 1518"~, of Parcel Maps Which among other things recites: A. Granter covenants to Grantee the right to enter upon the subject land and remove or trim any vegetation or other obstruction contrary to the purpose of this easement. B. Granter covenants and aggress for itself and its successor and assigns not to construct any structure or plant any vegetation that will obstruct the sight distance over the subject land. C. The granting of this easement is for the purpose of controlling the use of the !and within the clear space easement and does not authorize or imply that the area may be used by the general public. Reference is hereby made to said document for full particulars. Cl TA Preliminary Report Form -Modified (11/17/06) Page 7 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company Order No .. 997-30076197-TC1 12. The ownership of said Land does not include rights of access to or from the street. highway, or freeway abutting said Land, such rights having been relinquished by said Parcel Map No. 15187 Affects: Avenida Encinas adjacent to Lots 1, 2, 8, 10, 11, 12, 13 and 14 except access openings 1, 2, 3 and 4 abutting said land 13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: 13.~_cording t,I_~ Pacific Bell Underground communication structures and aboveground markers, pedestals, terminal equipment cabinets, other associated electrical conductors May 31, 1988 88-254904 of Official Records The exact location and extent of said easement is not disclosed of record. 14. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Regarding ~-£ Agreement Regarding Operation and Reciprocal Easement June 01, 1988 Poinsettia Associates, a California limited partnership and Federated Department Stores, Inc., a Delaware corporation June 06, 1988 88-267194 of Official Records Reference is hereby made to said document for full particulars. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording No: First Amendment and Restatement of Operation and Reciprocal Easement Agreement Poinsettia Associates, a California limited partnership; Ralphs Grocery Company, a Delaware corporation; and Pay Less Drug Stores Northwest, Inc., a Maryland corporation December 30, 1988 88-674762 of Official Records Reference is hereby made to said document for full particulars. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 15. Matters contained in that certain document Entitled: Dated: Secondary Operating Agreement March 23, 1989 Executed by: poinsettia Associates, a California General Partnership and Poinsettia Village, LP., a California Limited Partnership Recording Date: March 27, 1989 Recording No 89-154614 of Official Records Reference is hereby made to said document for full particulars. Cl TA Preliminary Report Form -Modified (11/17/06) Page 8 PRELIMINARY REPORT Your Reference: Affects: EXCEPTIONS (Continued) The herein described Land and other land. Fidelity National Title Company Order No .. 997-30076197-TC1 Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording Nq_~ First Amendment to Secondary Operating Agreement February 27, 2008 Donahue Schriber Realty Group, LP., A Delaware limited partnership and Mitchell Land and Improvement Co., a California corporation June 30, 2008 2008-0349503 of Q_!ficial Record§ Reference is hereby made to said document for full particulars. 16. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: RecordiQ9_JJ_q_;_ Agreement Between Developer-Owner and The City of Carlsbad for the Payment of a Public Facilities Fee August 24, 1990 Poinsettia Associates, a California genera! partnership and City of Carlsbad, a municipal corporation October 18, 1990 90-567310 of Q!!:ic1al Records Reference is hereby made to said document for full particulars. Affects: Parcel 12 17. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee. Recording Date: Recordin.9..~2c_ Memorandum of Lease Agreement Poinsettia Associates, a California general partnership Pactel Cellular, a California corporation November 25, 1991 1991-0608235 of Officj9I Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Affects: Parcel 4 18. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not hmited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: January 21, 2005 Recordingl,!Q_ 2005-0054772 of_ Official Records Affects: Parcel 2 CL TA Preliminary Report Form -Modified (11/17/06) Page 9 PRELIMINARY REPORT Your Reference: FIdellly National Title Company Order No .. 997-30076197-TC1 EXCEPTIONS (Continued) 19. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recordin.9. No: Notice of Restriction on Real Property August 08, 2005 Donahue Schriber Realty Group, L.P., A Delaware limited partnership September 14, 2005 2005-0791803 of Official Records Reference is hereby made to said document for full particulars. Affects: The herein described Land and other land. 20. Matters contained in that certain document Entitled: Recording Date: Recordir:!£ No: Hold Harmless Agreement Drainage December 7, 2005 2005-1054379 of Official Records Reference is hereby made to said document for full particulars. Affects: Parcel 12 21 Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: Recording No. Affects: 22. Assignment of Leases Assigned to: Assigned by: Recording Date: Recording No: Affects: August 10, 2006 2006-0568867 of Official Records Parcel 2 Donahue Schriber Realty Group, L.P., A Delaware limited partnership Poinsettia Associates, a California general partnership February 28, 2008 f_Q.08-0102310 of Official Records The herein described Land and other land. 23. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Agreement of Covenants, Restrictions and Easements Relating to Parcel Sale January 07, 201 0 Donahue Schriber Realty Group, L.P., A Delaware limited partnership and Tao, LLC, a California limited liability company January 07, 2010 201 0-0006824 of Official Records Reference is hereby made to said document for full particulars. CL TA Preliminary Report Form -Modified (11/17/06) Page 10 PRELIMINARY REPORT Your Reference· Affects: EXCEPTIONS (Continued} The herein described Land and other land. 24. Matters contained in that certain document Entitled: Recording Date: Recor_9ing No Notice of Restriction on Real Property March 81, 2011 2011-0145426 of Official Records Reference is hereby made to said document for full particulars. Affects: Parcel 2 25. Matters contained in that certain document Entitled: Recording Date: Recording Ng_:. Notice of Restriction on Real Property May 17, 2013 2013-0311613 of Official Records Reference is hereby made to said document for full particulars. Affects: Parcel 12 Fidelity National Title Company Order No.: 997-30076197-TC1 26. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey, Job No.: Dated: Prepared by: Matters shown: 162-7 5/14/2018 Cornwell & Associates, Inc. A) An encroachment of a 1-story stucco building over a portion of an easement for public utility and general access purposes. Said easement was dedicated to and accepted by the city of Carlsbad on parcel t'!!~ ~o 15187 (item 10) (Parcel 2). B) An encroachment of a 2-story stucco building over a portion of an easement for public utility and general access purposes. Said easement was dedicated to and accepted by the city of Carlsbad on parcel map no. 15187 (item 10) (Parcel 2). C) An encroachment of a 2-story building over a portion of an easement for public utility and general access purposes. Said easement was dedicated to and accepted by the city of Carlsbad on parcel map no. 15187 (item 10) (Parcel 4). D) An encroachment of a 1-story building over a portion of an easement for water purposes. Said easement was dedicated to and accepted by the city of Carlsbad on _p__~rs;el map no. 15187 (item 10) (Parcel 12). 27. A deed of trust to secure an indebtedness in the amount shown below, Amount Dated: Truster/Granter Trustee: Beneficiary: Recording Date: Recording No:. Affects: $203,275,000.00 June 12, 2018 DS Properties 18 LP, a Delaware limited partnership Fidelity National Title Company, a California Corporation Teachers Insurance and Annuity Association of America June 13, 2018 2018-0239_212, Off1ciaJ Records The herein described Land and other land. CL TA Preliminary Report Form -Modified (11/17/06) Page 11 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company Order No .. 997-30076197-TC1 This Company will require that the original note, the original deed of trust and a properly executed request for full reconveyance together with appropriate documentation (i.e., copy of trust, partnership agreement or corporate resolution) be in this office prior to the close of this transaction if the above-mentioned item is to be paid through this transaction or deleted from a policy of title insurance. Any demands submitted to us for payoff must be signed by all beneficiaries as shown on said deed of trust, and/or any assignments thereto. In the event said demand is submitted by an agent of the beneficiary(s), we will require the written approval of the demand by the beneficiary(s). Servicing agreements do not constitute approval for the purposes of this requirement. If no amounts remain due under the obligation a zero balance demand will be required along with the reconveyance documents. In addition, we require the written approval of said demand by the trustor(s) on said deed of trust or the current owners if applicable. 28. An assignment of all the moneys due, or to become due as rental, as additional security for the obligations secured by deed of trust shown as item no. 27 Assigned to: Recording Date: Recording No. Affects: Teachers Insurance and Annuity Association of America, a New York corporation June 13, 2018 2018-0239213, Official Records The herein described Land and other land. 29. A financing statement as follows: Debtor: Secured Party: Recording Date: Recording No·_ Affects: DS Properties 18 LP Teachers Insurance and Annuity Association of America June 13, 2018 2018-0239215, Official Records The herein described Land and other land. 30. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: _13,ecordmg No: Subordination, Non-Disturbance and Attornment Agreement Donahue Schriber Realty Group, L.P., a Delaware limited partnership and Poinsettia Associates, a California general partnership, the predecessor-in- interest to DS Properties 18 LP, a Delaware limited partnership Pickford Realty Ltd., a California limited partnership DBA Berkshire Hathaway HomeServices California Properties July 26, 2018 2018-030391 ~, Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. CL TA Preliminary Report Form -Modified {11/17/06) Page 12 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company OrderNo 997-30076197-TC1 An agreement recorded July 26, 2018 as Instrument No. 2018-0303919, Official Records, which states that said lease has been made subordinate to the doclli-neni Entitled: Recording Date: Recording No· Deed of Trust June 13, 2018 2018-0239212. Official Records 31. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: lessor: Lessee: Recording Date: Recording No: Notice Non-Responsibility (C.C. Sec. 3094, 3128 & 3129) Donahue Schriber Realty Group, LP., a Delaware limited partnership Hearx West, LLC, dba HearUSA April 18, 2019 2019-0141058, Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 32. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Notice Non-Responsibility (C.C. Sec. 3094, 3128 & 3129) Donahue Schriber Realty Group, LP., a Delaware limited partnership Russell Cellular Inc. dba: Verizon Wireless Premium Retailer April 26, 2019 2019-0153344, Official Reco_c~_§ The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 33. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entit!ed: Lessor: Lessee: Recording Date: Recording No Notice Non-Responsibility (C.C. Sec. 3094, 3128 & 3129) Donahue Schriber Realty Group, l.P., a Delaware limited partnership Spectrum Pacific West, LLC, dba Spectrum May 21, 2019 2019 0192510, Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 34. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: R,ecord1ng No· Notice Non-Responsibility (C.C. Sec. 3094, 3128 & 3129) Donahue Schriber Realty Group, L.P., a Delaware limited partnership MBC Poinsettia, LLC a California LLC dba F45 December 24, 2019 2019-0603228, Official Records CLTA Preliminary Report Form-Modified (11/17/06) Page 13 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company OrderNo .. 997-30076197-TC1 The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 35. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No UCC Financing Statement OS Properties 18, L.P. SYWAS July 29, 2020 2020-0416301, Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 36. Matters which may be disclosed by an inspection and/or by a correct AL TA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 37. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 38. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. 39. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company wilf require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CL TA Preliminary Report Form -Modified (11/17/06) Page 14 PRELIMINARY REPORT Your Reference: Fidelity National Tille Company Order No.: 997-30076197-TC1 REQUIREMENTS SECTION 1. Prior to the close of escrow, the Company requires a Statement of Information to be completed by the following party(s), All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. 2. The Company wiU require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the limited partnership named below: Name. OS Properties 18 LP, a Delaware limited partnership a) A complete copy of the limited partnership agreement and all amendments thereto. b) Satisfactory evidence that the partnership was validly formed and is in good standing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 3. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited liability Company: Commercial Property DSRG LLC (General Partner) a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic limited liability Company, a copy of its Articles of Organization and au amendments thereto with the appropriate filing stamps. c) If the limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. If limited liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required_ g} Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. Cl TA Preliminary Report Form -Modified (11/17/06) Page 15 PRELIMINARY REPORT Your Reference Fidelity National Title Company Order No.: 997-30076197-TC1 REQUIREMENTS (Continued) 4. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: Property Management DSRG, LLC (General Partner) a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. 5. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the limited partnership named below: Name: Donahue Schriber Realty Group, l.P (General Partner) a) A complete copy of the limited partnership agreement and all amendments thereto. b) Satisfactory evidence that the partnership was validly formed and is in good standing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 6. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: Donahue Schriber Realty Group, Inc. (General Partner) a) A Copy of the corporation By-laws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein c) If the Articles and/or By-laws require approval by a 'parent' organization, a copy of the Articles and By-laws of the parent The Company reserves the right to add additional items or make further requirements after review of the requested documentation. Cl TA Preliminary Report Form -Modified (11/17/06) Page 16 PRELIMINARY REPORT Your Reference: REQUIREMENTS (Continued) Fidelity National Title Company Order No .. 997-30076197-TC1 7. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A fonn of the Owner's Affida-vit/Declaration is attached to this Preliminary Report/Commitment. This Affida-vit/Declaration is to be completed by the record owner of the land and submitted for re-view prior to the closing of this transaction. Your prompt attention to this requirement will help a-void delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after re-view of the requested Affida-vit/Declaration. END OF REQUIREMENTS Cl TA Preliminary Report Form -Modified (11/17/06) Page 17 INFORMATIONAL NOTES SECTION 1 None of the items shown in this report wil! cause the Company to decline to attach Cl TA Endorsement Form 1 00 to an Extended Coverage Loan Policy, when issued. 2. The Company is not aware of any matters which would cause it to decline to attach Cl TA Endorsement Form 116 indicating that there is located on said land Commercial properties, known as 7030-7040, 7110-7130 and 7150 Avenida Encinas, located within the city of Carlsbad, California, 92011, to an Extended Coverage Loan Policy. 3. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 4. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 5. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 6. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Trent Cornell (MA)/en CL TA Preliminary Report Form -Modified (11/17/06} Page 1 Inquire before you wire' Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lav,,yer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ASA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: http://www.fbi.gov Wire Fraud Alert Internet Crime Complaint Center: http://www.ic3.gov Page 1 WIRE0016 {OSI Rev. 12107117) Original Effective Date: 5/11/2017 Current Version Date-5/11/2017 TM and© Fide/if'/ National Financial. Inc. and/or an affiliate. All rights reserved Fidelity National Title Company • 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660 Phone: (949) 622-5000• Fax: Notice of Available Discounts Pursuant to Section 2355.3 in Title 1 0 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company CTC -Chicago Title company CL TC -Commonwealth Land Title Company FNTC -Fidelity National Title Company of California FNTCCA -Fidelity National Title Company of California TICOR -Ticor Title Company of California L TC -Lawyer's Title Company SL TC -Servicelink Title Company Available Discounts DISASTER LOANS (CTIC, CLTIC, FNTIC) Underwritten by FNF Underwriters CT!C -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company FNTIC -Fidelity National Title Insurance Company FNTIC -Fidelity National Title Insurance Company CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company CTIC -Chicago Title Insurance Company The charge for a Lender's Pdicy (Standard or Extended coverage) covering the financing or refinancing by an owner of reca-d, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in seid area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES DR CHARITABLE NON-PROFIT DRGANIZA TIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts (Rev. 01-15-20) MISC0164 (OSI Rev. 03112120) Last Saved: November 9, 2021 by EN Escrow No. 30076197-997-MAT-TC1 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective August 1, 2021 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose sucll information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own pnvacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g, name, address, phone number, email address): • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number), • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent, • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the folloWing types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests, and • browsing history on the FNF Website, sucll as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a ·cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal lnfo!TTlation for three main purposes· • To provide products and services to you or in connection with a transaction involving you • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perlorm services or functions on our behalf and who agree to use the information only to provide such services or functions: FNF Privacy Statement (Eff. August 1, 2021) MISC0219 (OSI Rev. 07129121) Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 30076197-997-MAT-TC1 • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good~faith belief that such disclosure Is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffilialed third parties, except as required or permitted by law We may share your Personal Information with affiliates {other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposItIon of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https'llfnf com/pages/callforn1aprivacy aspx) or call (888) 413-1748. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101, Phone number: (702) 486--3132; email: BCPINFO@ag.statenv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonafftliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaff1liated third parties to market to you. other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outsrde the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable !aw, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. August 1, 2021) MISC0219 (OSI Rev. 07/29121) Copyright© 2021 Fidelity National Financial, Inc. AU Rights Reserved Page 2 Order No. 30076197-997-MAT-TC1 Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Pnvacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Pnvacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, visit FNF's Opt Out_fag,t;_ or contact us by phone at (888) 714-2710 or by mail to: FNF Privacy Statement (Eff. August 1, 2021) MISC0219 (DSI Rev. 07129/21) Fidelity National Finanaal, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No 30076197-997-MAT-TC1 ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly exciuded 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 {inciuding 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 character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations. except lo 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 in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded In the public records al Dale 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. Unenforceab1lity 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 comp~ with the applicable doing business laws of the stale 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, slate 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 inspection 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) Unpatenled 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), (bl or (c) are sho\.\lfl by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'$ POLICY OF TITLE INSURANCE (12-02-13) ALT A HOMEOWNER'$ POLICY OF TITLE INSURANCE 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 limitthe 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; Attachment One -CA (Rev. 05-06-16) Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. 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 Tille to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' nghts laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. g_ Negligence by a person or an Entity exercising a right to extract or develop mm era ls, water, or any other substances. LIMITATIONS 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. 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 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (wtuchever is less} 1.00% of Policy Amount Shown In Schedule A or $5,000.00 {'Nhichever is less) 1.00% of Policy Amount Shown In Schedule A or $5,000.00 ('Nhidlever is less) 1.00% of Policy Amount Shown In Schedule A or $2,500 00 (whidlever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000 00 $25,000.00 $25,000.00 $5,000.00 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 dlaracter, 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) Anj governmental police power. This Exclusion 1{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 if tne Insured Claimant had paid value for the Insured Mortgage. 4 Unenforc.eability 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' nghts laws. that the transaction creating !he 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 Tit!e 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 {Except as provided in Sdledule B -Part 11,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One CA (Rev. 05 06-16) Page2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. {PART I {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: 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 right to a l!en for services, labor or material not shown by the Public Records.} PARTII In addition to the matters set forth In Part I of this Schedule. the Tille is subject to the following matters, and the Company insures against loss or damage sustained in !he event that they are not subordinate to the lien of the Insured Mortgage:} 2006 ALTA OWNER'S POLICY (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 anse 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 1 (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 9 and 10); " (e) resulting in loss or damage that would not have been sustained 1f the Insured Claimant had paid value for the Title 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, Is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attadling between Date of Policy and the dale of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A 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 poltcy 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 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: 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 in 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 T~le that would be disclosed by an accurate and complete land suivey of the Land and that are 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 setvices, labor or material not shown by the Public Records. } 7. {Variable exceptions such as taxes, easements, CC&R's, etc. shown here.} Attachment One CA (Rev. 05-06-16) Page 3 © California Land Title Assoclatlon. All rights reserved. The use of this Form is restricted to CL TA subscnbers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY-ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company wm not pay loss or damage, costs, attorneys' fees or expenses which an·se 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 ctiaracter, 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, 6, 13{c}, 13{d), 14 or 16. (b) Any governmental police power This Exclusion 1(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) attactiing 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 la11ure 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 attactiing 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 it, to have been constructed before, on or after Date 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. 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. Attachment One CA (Rev. 05-06 16) Page 4 © California Land Title Association. All rights reserved. The use of this Fom, is restricted to CL TA subsaibers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. ' ( ">', \.J''/ i ' ' ' ' ' ' . ' ' • -, ' ~ l • •• -i ; " ' ' : ,··1 /h,- ',j~)', i ' ' ' ' j ., i ' / Th,s map/plat 1s being fumlst,ed as an aid in IOU1Mg the here.n described I.and in relation to ocljoimr,g streets, natural i:loundanes ar.d ottier land, and Is not a survey of the land depicted. Exce!Jt to the extent a >"')licy of trtle 1risurance is ex~.sly mtxiified t,y endorsemen~ jf any, the Company does not msure dimensions, distances, locat,on of e.isemenlS, acreage or other matters shown thereon. Order: 30076197 Paga 1 of 1 214-43 MAP ASSESSOR Requested By: rin, I, Printed 11/912021 '0:38 AM EscrO\v No.: Property Address: OWNER'S DECLARATION 30076197-997-MAT-TCl 7030-7040, 7110-7130 and 7150 Avenida Encim1s Carlsbad, CA 92011 The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at 7030- 7040, 7110-7130 and 7150 Avenida Encinas, Carlsbad, CA 92011, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land")_ b. Declarant is the ----,,-,-----,,------c---of ("Owner''), Which is the owner or lessee, as the case m-.-,-b~.-.-o~f~c-e-rt~a~,n-p-,e-m-i~s-e-s~lo-ca---,te-d-,---a~l~7~0~3~0- 7040, 7110-7130 and 7150 Avenida Encinas, Carlsbad, CA 92011, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "land")_ 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with ---,--~~---~---,----,-upon the Land in the approximate total sum of $--~--• but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: --~-~-----~-~~~---=· Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, daims of lien, special assessments, or taxes that constitute a lien against the land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as~----~----'' -~~-~~~c------,-occupy/occupies the Land: and the following are a\l of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the land. 7. There are no outstanding options to purchase or rights of first refusal affecting the land. 8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured lnstrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the land. ONner's Declaration MISC0220 (OSI Rev. 10117/17) Printed: 6/2712017 2:26 PM by <<User Initials» Page2 Escr This declaration is made with the intention that Fidelity National Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ---··---------------- Signature: Owner's Declaration MISC0220 (OSI Rev. 10117117) Pnnted: 612712017 2:26 PM by <<User Initials>> Page 3 Escn