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HomeMy WebLinkAboutCUP 2023-0003; DISH WIRELESS SDSAN0082C; Conditional Use Permit (CUP)dish LETTER OF AUTHORIZATION 5/23/2023 To Whom It May Concern: DISH Wireless l.L.C. ("DISH") has engaged Black Rock ("Contractor") to provide to DISH site acquisition services (including but not limited to leasing, zoning and permitting services) for the proposed development of wireless communication facilities in the San Diego market. Accordingly, DISH herebyauthorizesContractor to act on DISH's behalf in connection with obtaining all applicable land use and zoning approvals, permits, consents, authorizations and other related documents from the applicable governmental authorities so as to allow DISH, through its contractors, to install its facilities. DISH hereby acknowledges that Contractor may present this Letter of Authorization to the applicable governing entity, after which Contractor may act on DISH's behalf. Contractor maydea/ directly on all matters pertaining to DISH's proposed projects. The above rights shall be self-operative, and no further documentation shall be necessary to confer said rights. This letter of Authorization will remain in effect for one year from the date of this letter unless rescinded earlier by DISH. DerekYachanin Market General Manager DISH Wireless (619) 807-9726 70H75 EXHIBII.ft: CONSTRUCTION DRAWINGS 1. 1 This Exhibit "B" may be rep/aced by a land survey of the Site at Tenant's sole cost and expense, together with non- exclusive easements for utility lines and cables ta sen1ice the Site, and a non-exclusive easement for Ingress and egress acrass landlord's Property to the Site. Sun1ey and drawings to be incorporated to the Lease require prior Landlord approvol. 2. Setback of the Site from the Landlord's Property lines shall be the distance required by the applicable governmental authorities. 3. Width of access road, if any, shall be the width required by the applicable governmental authorities, including police and fire departments. APPROVED Landlord: APPROVED Tenont: Site Number: SDSAN00082C Market: San Diego 17 Confidential & Proprietary Lease Version: 1.0 /._ _.,_ { City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of .A,b.b persons having a financial interest in the application If the applicant includes a corporation or partnership, include the names, titles, addresses of alt 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 if necessary.) Person___________ Corp/Part Dish Wireless LLC Title __________ _ Title _____________ _ Address __________ _ Address 16812 Armstrong Avenue, Irvine, CA 92606 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) P-1(A) Person John De France Title Vice President Address Legal Dept., 1100 W. Artesia Blvd, Compton, CA 90220 Corp/Part Ralphs Grocery Company Title Assistant Secretary Address Legal Dept., 1100 W. Artesia Blvd. Compton, CA 90220 Page 1 or 2 Revised 07/10 Ccityaf Carlsbad PROJECT DESCRIPTION P-1(8) JAN 1 7 1013 PROJECT NAME Dish Wireless (SDSAN000882C) APPLICANT NAME: Dish Wireless LLC Development Services Planning Division 1635 Faraday Avenue (760) 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: See attached project description. P-1(8) Page 1 of 1 Revised 07110 dish wireless_ PROJECT DESCRIPTION SDDSAN00082C 7140 Avenida Encinas, Carlsbad, CA 92009 (APN: 214-430-27-00) Background Dish is building the nation's first cloud-native 5G network to run smart cities of the future. Founded in 1980's, Dish has transformed from initial launch of satellites to one of the world's largest companies that aims to change and compete in the future of the way we communicate, bring visual content to homes and business, to the future of wireless service that will power our smart cities, internet of things throughout all communities. Dish provides services to approximately 19 million customers offering high quality service delivering wireless services through Boost Mobile and other brands and is now building the largest first cloud, Open RAN-compliant 5G network throughout San Diego County and in over several states in the north America. The advancement of high-quality wireless handhe1d devices has increased the demand for wireless services throughout all segments of the population. Dish goal is to complete a network of cell sites to serve the greater urban and suburban areas in San Diego County. Project Description The proposed Dish wireless telecommunication will be located at 7140 Avenida Encinas in the City of Carlsbad. The subject property is approximately 4.26 acres in size and is presently developed with retail commercial shopping center with associated parking lots. A wireless telecommunication facility is currently installed in one of the building towers. The zoning classification for this property is C-L and the General Plan designation is Local Shopping Center. Wireless telecommunication facilities are permitted on the subject property with approval of a Minor Use Permit in conformance with to City Council Policy No. 64 and Section 21.42.140(6)(165) of the city's municipal code or subject to an administrative approval under the federal act Section 6409. The proposed telecommunication facility will consist of three (3) panel antennas, six (6) Remote Radio Head units, three (3) surge suppressor units, a single outdoor cabinet with telephone and power support boxes. The proposed installation will be of a stealth design as provided by the City Council Policy No. 64. The panel antennas, radios and surge suppressor units will be placed inside the existing building behind FRP material and within two faux chimneys in the rear portion of the host building. There will be no visible portions of the roof mounted equipment visible to the general public. The outdoor equipment will be pad mounted in the rear portion of the building away from public views. The equipment will be fully enclosed by a concrete masonry walls and access gates. A small GPS receive only antenna will be mounted on the roof near the outdoor equipment area. Details of the proposed facility are included on the project plans and site photo simulations. The proposed Dish facility only requires electrical and fiber utilities. Both of these services are available at the site and will be extended to the equipment location and respective antennas via conduits. Because the proposed facility is unmanned, there will be no regular hours of operation and therefore no impacts to existing traffic patterns or conflicts with the daily operations of the subject business are expected. Once building permits are secured, construction of the project is expected to last approximately 3-4 weeks. Upon completion and optimization of facility, the site will operate 24 hours per day; 7 days a week and will only require seldom maintenance. The site is entirely self-monitored and connects directly to Dish central office where sophisticated computers alert personnel to any equipment malfunction or breach of security. Equipment Information A single Great Lakes equipment cabinet will house all required radio-transmitters, computers, power rectifiers and back-up batteries with approximate dimensions of 32" wide by 48.4" deep by 75" high. Small PPG and Telco cabinet is to be installed next to the main equipment cabinet. Details of these cabinets are provided on Sheet A-6 and A-7 of the attached drawings. Panel antennas Model KMW KE654L4H6, with specifications sheet A-3 and attached manufacturer's specification Remote Radio Head (RRH) Fujitsu -TA08025-B605 and TA08025-B604 Raycap RDIDC-3045-PF-48 Small GPS received only antenna, approximately 3" in diameter and 4" high. Dish Operating Frequencies Transmitting: 722-728/2155-2200/1995-2020/617-652 Receiving: 1755-1780/1995-2020/663-698 2 • Project Compliance with City Council Policy No. 64. The proposed Dish wireless facility will be in a Commercial zone which is preferred location per Section A.1.b. Dish has selected the Ralphs market building which is a commercial use and falls within the search area for this portion of Carlsbad. As stated above, Dish will be deploying a new network in the San Diego market in 2023. To date there are no existing facilities built by Dish. As demonstrated in the attached coverage maps, the subject site will provide service to 1-5 and Poinsettia intersection, as well as the immediate commercial and residential neighborhood in this area. The design of the proposed Dish project is consistent with the Visibility requirements of Section A.3 of the City Council Policy. The project is designed to be embedded within the existing building and design in the lease disruptive means to the appearance of the host building. Placing the antennas within the existing structure and two new faux chimney structures in the rear portion of the building demonstrates a "stealth" design technique to visually blend the project within the subject shopping center. The proposed equipment will be completed screened and away from public views. The facility will adhere to the height limit of the zone where it is located. The project plans and photo simulations demonstrates how the project is designed and will not exceed the height of the existing structures. The proposed Dish wireless facility complies with the locational and design guidelines of the City Council Policy No. 64. Is not located within proximity of any residential uses. The surrounding land uses mainly consist of other commercial establishments and 1-5. Impacts to public view is minimized while providing the wireless voice and data services to the subject area. 3 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed l / I 7/lt) L;6 (To be completed by City) Apphcalion Number(s) G'),'f '2 07'],-000'.;z General Information 1 Nameofproiect Dish Wireless (SDSAN00082C) 2. Name of developer or project sponsor: Dish Wireless c/o Black Rock Address 9895 Montegrino Court 3. City, State, Zip Code Elk Grove, CA 95757 Phone Number: (619) 632-2569 Franklin Orozco Name of person to be contacted concerning this project: ___________ _ Address 9895 Montegrino Court City, State, Zip Code: Elk Grove, CA 95757 Phone Number: (619) 632-2569 4. Address of Project 7140 Avenida Encinas, Carlsbad, CA 92011 5 6. 7. 8. 9. Assessor's Parcel Number: 215-052-75-00 -------------------- List and describe any other related pennits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Existing General Plan Land Use Designation: Local Shopping Center Existing zoning district: _C_-L ____________________ _ Existing land use(s) Retail Commercial and Wireless Communications Facility Proposed use of site (Project for which this form is filed): Wireless Communications Facility Project Description 10 Sile size: _4_._2_6_A_c_r_e_s ____________________ _ 11. 12: 13. 14. P-1(D) Proposed Building square footage: n/a. outdoor equipment Number of floors of construction: n/a, Roof mounted facility Amount of off-street parking provided: _n_/_a _______________ _ Associated projects: _n_i_a ____________________ _ Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _________ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _____________________ _ Wireless Communications Facility designed to provide local voice and data services to the local community. 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ 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 applications, state this and indicate clearly why the application is required: ____________________ _ A CUP is required per Carlsbad requirements under City Council Policy No. 64 P-1(0) 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). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ 0 roads. 22. Change in pattern, scale or character of general area of project. □ 0 23. Significant amounts of solid waste or litter. □ 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ 0 27. Site on filled land or on slope of 10 percent or more. □ 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0 31. Relationship to a larger project or series of projects. □ 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. 1-10-23 Date: __________ _ Fran kl in Orozco Digitally signed by F'.3nkl•n Dr~zc~ Signature: Date. 2023 01 w n.32.1s -osoo For: Black Rock Consulting P-1( □) Page 4 of 4 Revised 07/10 Development Services Planning Division 1635 Faraday Avenue ( 442) 339-2610 www.carlsbadca.gov PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 JA 'I ' " ·0° • 1·.tfL!J ( 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. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEOA 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 CEOA 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 staff report. 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 require discretionary review. The specific applicable requirements outlined in the checklist shall be required as conditions of project approval for CAP compliant projects with streamlined GHG emissions assessments. This checklist (i.e. Form P-30) is complementary to the checklist provided in Form B-50, which is specific to building permits and required for building permit applications. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. 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. • If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided 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. p.30 Page 1 of8 Revised 6/22 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 at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTCO2e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQ,A). This may 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. I STEP 1 Land Use Consistency Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? I Yes No □ If "YesH, proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of~ MTCOie/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Famtty Housing: SO dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other. If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTC01e/year screening threshold. If ''Yes', proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions Impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist P-30 Page 2 of 8 Revised 06/22 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. Project No./Name: Property Address/ APN: Applicant Name/Co.: Applicant Address: Contact Phone: Application Information Dish Wireless LLC -SDSAN00082C 7140 Avenida Encinas/ APN: 214-430-27-00 Dish Wireless LLC c/o Black Rock Consulting 9578 Montegrino Court, Elk Grove, CA (619)n632-2569 Contact Email: franklin@blk-rock.com Contact information of person completing this checklist (if different than above): Name: Company name/address: Contact Phone: Contact Email: Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $ __ 8_5....:.,_0_0_0_.0_0 _____ _ COnstructlon ~ I Complete Sectlon(s) I Notes: D Residential □ New construction 2A, 3A and 4A □ Alterations: D BPV < $60,000 N/A All residential alterations □ BPV .? $60,000 lA and 4A 1-2 family dwellings and townhouses with attached □ Electrical service panel upgrade 4A garages only Multi-family dwellings only where interior finishes are IA and 4A removed and significant site work and upgrades to □ BPV.? $200,000 structural and mechanical, electrical, and/or plumbing systems are proposed BPV.? $1,000,000 2B Multi-family dwellings only where .?$1,000,000 BPV AND affecting ~75% existing floor area I D Nonresidential □ New construction lB, 2B, 3B, 48 and 5 P-30 Page 3 of 8 Revised OO/Z2 I City of Carlsbad Climate Action Plan Consistency Checklist I ~ Alterations: □ BPV ~ $200,000 or additions~ 1B, 5 1,000 square feet □ BPV ~ $1,000,000 1B, 2B and 5 Building alterat ions of ~ 75% existing gross floor area □ ~ 2,000 sq. ft. new roof add it ion 2B and 5 1B also applies if BPV ~ $200,000 CAP Ordinance Compliance Cheddlstltem Oleck the appropriate boxes, explain all not applicable and exception Items, and provide supporting calculations and documentation as necessary. I L EneflY Effidency Please refer to Carlsbad Ordinance No. CS-437 for more information when completing this section. A. D Residential addition or alteration~ $60,000 building permit valuation. See Ord. CS-437. Year Built Singte-fa mily Requirements D Before 1978 Select one: □ Duct sealing □ Attic insulation □ Cool roof D 1978 and later Select one: D Lighting package D Water heating package D Between 1978 and 1990 D 1991 and later B. D Nonresidential* new construction or alterations~ $200,000 building permit valuation, or additions 2!: 1,000 square feet See CALGreen Appendix AS, as amended in CS-437. AS.203.1.1.1 D Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 D Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: □ .95 Energy budget D .90 Energy budget AS.211.1.•• D On-site renewable energy AS.211.3 .. D Green power (if offered by local utility provider, SO% minimum renewable sources) AS.212.l D Elevators and escalators 0 N/A _________ _ □ Exception: Home energy score 2!: 7 (attach certification) Multi-fam lly Requirements D Attic insulation Select one: D Attic insulation □ Duct Sealing □ Cool roof Select one: D Lighting package D Water heating package 0 N/A ________ _ 0 N/A 0 N/A 0 N/A 0 N/A □ N/A 0 N/A P-30 Page 4 of 8 Revised 06/22 City of Carlsbad Climate Action Plan Consist ency Checklist AS.213.1 □ Steel framing □ N/A • lndudes hotels/motels and high-rise residential buildings •• For alterations i!: $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with california Energy Code section 120.10 instead. l z. Photovoltaic Systems A. D Residential new construction. Refer to Carlsbad Ordinance No. CS-437 for requirements, which amends Section 150.l(c) of the CEC for single-family residential; and Section 170.2{d) of the CECfor multi.family requirements. Note: if project inch.Ides installation of an electric heat pump water heater pursuant to c.arlsbad ordinance CS-447, inaease system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc• sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception D □ D □ kWdc B. D Nonresidential and hotel/motel new construction; or major alterations to nonresidential, hotel/motels, and multi-family residential i!:$1,000,000 BPV and affecting i!:75% existing floor area, or addition that increases roof area by i!:2,000 square feet Please refer to Cartsbad Ordinance CS-437 when completing this section .• Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: 0 If< 10,000s.f. Enter: 5 kWdc Min. System Size: kWdc 0 If~ 10,000s.f. calculate: 15 kW de x (GFA/10,000) ** **Round building size factor to nearest tenth, and round system size to nearest whole number. □Time-Dependent Valuation Method Annual TOV Energy use:0 • x .80= Min. system size: ____ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. • New CEC standards also require battery storage systems meeting the requirements if Reference Joint AppendixJA12 of the CEC. P-30 Page 5 of B Revised 00/'22 City of Carlsbad Climate Action Plan Consistency Checklist 3. Water Heatln& A. D Residential new construction Please refer to Carlsbad Ordinance CS.-437 when completing this section. 0 For systems serving individual dwelling units and achieving 60% of energy needed from on-site solar or recovered energy, choose one: D Single 240-volt heat pump water heater AND compact hot water distribution AND Drain water heat recovery (low- rise residential only) □ Single 240-volt heat pump water heater AND PV system .3 kWdc larger than required. D Heat pump water heater meeting NEEA Advanced Water Heating Specification Tier 3 or higher. D Solar water heating system with electric backup that is either .60 solar savings fraction of 40 s.f. solar collectors. □ Gas or propane system with a solar water heating system and recirculation system □ Exception: □ For systems serving multiple dwelling units and achieving 60% of energy needed from on-site solar or recovered energy, install a central water-heating system with all of the following: □ Recirculation system D Solar water heating system that is either: D .20 solar savings fraction □ .15 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-437 when completing this section. D Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal D Photovoltaics □ Water heating system is (choose one): □ Heat pump water heater D Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction D Exception: P-30 Page 6 of 8 D Recovered energy Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist j 4. Electrtc Vehlde CharplJ A. 0 Residential -New construction and major alterations• Please refer to carlsbad Ordinance CS-437 when completing this section. □ One and two-family residential dwelling alterations with no electrical panel upgrade (No EV space required) □ ADU {no EV space required when no additional parking facilities are added) □ One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required □ Exception: D Multi-family residential· □ Exception · Total Parking Spaces EVSE Spaces Proposed for New Capable Ready Installed Total Construction (10% of proposed) /25% of orooosedl (5% of prooosedl Total Proposed or Altered Capable - Spaces (Major (10% of proposed) Alterations I"'* Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spacesx .SO (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "lnstalled.n) -Total *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or include an electrical service panel upgrade; (2) for multifami~ dwellings (three units or more without attached garages), alterations have a bun ding permit valuation~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed . .. When new parking facilities are added, or electrical systems or lighting to existing parking facilities are added or altered and the work requires a building permit, 10% of the total number of parking spaces or altered shall be EV Capable. This is NOT a CAP checklist requirement, but is included to coordinate CEC compliance early in the planning process 8. 0 Nonresidential new construction (includes hotels/motels) D Exception • Total Parking Spaces EVSE Spaces Proposed Capable Ready I Installed Total I Calculation-Refer to the table below· Total Number of Parking Spaces provided Number of required EV Spaces (Capable) Number of required EVSE Installed Spaces □ 0-9 1 1 □ 10-25 4 1 D 26-50 8 2 □ 51-75 13 3 □ 76-100 17 5 □ 101-150 25 6 □ 151-200 35 9 □ 201 and over 20 percent of total 25 percent of EV Capable P-30 Page 7 of 8 Revised 06/Zl. • City of Carlsbad Climate Action Plan Consistency Checklist s. D Transportation Demand Manapment (TDM) A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT/1,0ClJ square feet is selected from the City of Carlsbad Employee ADT Table. Use GFA Employee ADT/1,0ClJ SJ. Total Employee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.ll requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TDM and transportation system management strategies. Please consult with City of Carlsbad land Development Engineering (LDE) staff to determine whether this policy applies to your project. TOM plan required: Yes D No □ LDE Staff Verification: □ _____ (staff initials) P-30 Page 8 of 8 Revised 06/'22 STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building 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 a '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): If you answered "no" to the above question, the project is a 'development project', go to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS 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 auidance? 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? □ I!) 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 (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 of 4 REV 08/22 STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To detennine if your project is a PDP, please answer the following questions (MS4 Pennit Provision E.3.b.(1)): YES NO 1. Is 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. □ !Kl 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of □ !Kl 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 Industrial □ ~ Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious □ 00 surface collectively over the entire project site and supports a hillside development project? A hillside development project includes development on any natural slope that is twentv-five percent or oreater. 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 lot? A parking lot is a land area or facility for the temporary parking or storage of motor vehicles used personally for □ IX] 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 surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. □ I!] 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 □ 00 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. Is 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 category 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. □ !Kl 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ 00 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 □ [X) 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 5, complete the trash capture question. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT'. Go to step 5, complete the trash capture question. • Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies: areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bocies designated with the RARE beneficial use by the State water Resources Control Board (Water Quality 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. E--34 Page 3 of 4 REV 08122 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less 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 "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, complete the trash capture question. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, complete the trash capture question. STEPS TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS Complete the question below regarding your Project (SDRWQCB Order No. 2017-0077): YES NO Is the Project within any of the following Priority Land Use (PLU) categories and not exempt from trash !capture requirements per section 4.4.2.2 of the BMP Manual? R-23 (15-23 du/ac), R-30 (23-30 du/ac), Pl (Planned Industrial), CF (Community Facilities), GC (General IZl □ Commercial), L (Local Shopping Center), R (Regional Commercial), V-B (Village-Barrio), VC (Visitor Commercial), O (Office), VC/OS (Visitor Commercial/Open Space), Pl/O (Planned Industrial/Office), or Public Transportation Station If you answered "yes", the 'PROJECT' is subject to TRASH CAPTURE REQUIREMENTS. Go to step 6, check the first box stating, "My project Is subject to TRASH CAPTURE REQUIREMENTS ... " and the second or third box as determined in step 3. If you answered "no·, Go to step 6, check the second or third box as determined in step 3. List exemption if applicable for 'no' answer here: STEPS CHECK THE APPROPRIATE BOX(ES) AND COMPLETE APPLICANT INFORMATION ~ My project is subject to TRASH CAPTURE REQUIREMENTS and must comply with TRASH CAPTURE REQUIREMENTS of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP). 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. I will submit a "Standard Project Requirement Checklist Form E-36'. If my project is subject to TRASH CAPTURE REQUIREMENTS, I will submit a TRASH CAPTURE Storm Water Quality Management Plan (TCSWQMP) per E-35A. □ My project Is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) per E-35 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. □ My project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Black RJXI< Consulting A7 Applicant Title: Agent I )'1A1Hu/ ~ Applicant Signature: /II"'·--..-· u Date: 1-13-23 /I I) E-34 V Page 4 of 4 REVOB/22 DISH Wireless SDSAN00082C coverage October 2022 ~;2021 DISH Network L L.C All Rights Rese<Ved I Pae-1 DISH Wireless RF-EME Compliance Report EBI Project No. 622200521 I TABLE OF CONTENTS Site No. SDSAN00082C 7140 Avenida Encinas, Carlsbad, California EXECUTIVE SUMMARY .................................................................................................................... 1 1.0 INTRODUCTION .................................................................................................................... 2 2.0 SITE DESCRIPTION ............................................................................................................... 2 3.0 WORST-CASE PREDICTIVE MODELING ................................................................................ 3 4.0 MITIGATION/SITE CONTROL OPTIONS ............................................................................... 4 5.0 SUMMARY AND CONCLUSIONS ............................................................................................ 4 6.0 LIMITATIONS ........................................................................................................................ 5 APPENDICES APPENDIX A CERTIFICATIONS APPENDIX 8 RADIO FREQUENCY ELECTROMAGNETIC ENERGY SAFETY/ SIGNAGE PLANS APPENDIX C FEDERAL COMMUNICATIONS COMMISSION (FCC) REQUIREMENTS REFERENCE DOCUMENTS (NOT ATTACHED) CDs: SDSAN00082C _PRELIMCD _ 20220714-CM_AW _ RL-20220803 CMZM _ RL- 20220806_202208072150 I 8 RFDS: RFDS-SDSAN00082C-PRELIMINARY-20220622-v. I_ 2022062216470S EBI Consulting RF-EME Compliance Report EBI Project No. 622200521 I EXECUTIVE SUMMARY Purpose of Report Site No. SDSAN00082C 7140 Avenida Encinas, Carlsbad, California EnviroBusiness Inc. (dba EBI Consulting) has been contracted by Dish Wireless to conduct radio frequency electromagnetic (RF-EME) modeling for Dish Wireless Site SDSAN00082C located at 7140 Avenida Encinas in Carlsbad, California to determine RF-EME exposure levels from proposed Dish Wireless communications equipment at this site. As described in greater detail in Appendix C of this report, the Federal Communications Commission (FCC) has developed Maximum Permissible Exposure (MPE) Limits for the general public and for occupational activities. This report summarizes the results of RF-EME modeling in relation to relevant FCC RF-EME compliance standards for limiting human exposure to RF- EME fields. Statement of Compliance A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards. As presented in the sections below, based on worst-case predictive modeling, the worst-case emitted power density may exceed the FCC's general public limit within approximately 9 feet of DISH's proposed antennas into free space at the main roof level. Additionally, there are areas where workers who may be elevated above the rooftop or ground may be exposed to power densities greater than the occupational limits. Therefore, workers should be informed about the presence and locations of antennas and their associated fields. At the nearest walking/working surfaces to the Dish Wireless antennas, the maximum power density generated by the DISH antennas is approximately 84.68 percent of the FCC's general public limit ( 16.94 percent of the FCC's occupational limit). The composite exposure level from all carriers on this site is approximately 84.68 percent of the FCC's general public limit ( 16.94 percent of the FCC's occupational limit) at the nearest walking/working surface to each antenna. Recommended control measures are outlined in Section 4.0 and within the Site Safety Plan (attached); Dish Wireless should also provide procedures to shut down and lockout/ragout this wireless equipment in accordance with their own standard operating protocol. Non-telecom workers who will be working in areas of exceedance are required to contact Dish Wireless since only DISH has the ability to lockout/tagout the facility, or to authorize others to do so. EBI Consulting ♦ 21 B Street ♦ Burlington, MA 01803 ♦ 1.800.786.2346 -~ :it w C: < I I I I 2 2 2 2 3 3 3 3 RF-EME Compliance Report EBI Project No. 622200521 I Site No. SDSAN00082C 7140 Avenida Encinas, Carlsbad, California 1.0 INTRODUCTION Radio frequency waves are electromagnetic waves from the portion of the electromagnetic spectrum at frequencies lower than visible light and microwaves. The wavelengths of radio waves range from thousands of meters to around 30 centimeters. These wavelengths correspond to frequencies as low as 3 cycles per second (or hertz [Hz]) to as high as one gigahertz (one billion cycles per second). Personal Communication (PCS) facilities used by Dish Wireless in this area will potentially operate within a frequency range of 600 to 5000 MHz. Facilities typically consist of: I) electronic transceivers (the radios or cabinets) connected to wired telephone lines; and 2) antennas that send the wireless signals created by t he transceivers to be received by individual subscriber units (PCS telephones). Transceivers are typically connected to antennas by coaxial cables. Because of the short wavelength of PCS services, the antennas require line-of-site paths for good propagation, and are typically installed a distance above ground level. Antennas are constructed to concentrate energy towards the horizon, with as little energy as possible scattered towards the ground or the sky. This design, combined with the low power of PCS facilities, generally results in no possibility for exposure to approach Maximum Permissible Exposure (MPE) levels, with the exception of in areas in the immediate vicinity of the antennas. MPE limits do not represent levels where a health risk exists, since they are designed to provide a substantial margin of safety. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size or health. 2.0 SITE DESCRIPTION T his project site includes the following proposed wireless telecommunication antennas on a rooftop located at 7140 Avenida Encinas in Carlsbad, California. .. £ f u 0. 0 Dish Dish Dish Dish Dish Dish Dish Dish Dish Dish Dish Dish -.. __ .,~ " .. ... ~ t ''i . w · .,.-~ ·,. ~'-·'. c-1 :I' , ·U ,. :r: a., "~ • .:it ] u .s Ill f. £ , GI I', ii U -:i "5 :;;, J! ' ,'ti t X . ' } ...... 'ti \J 'ti 'ti GI ,; -;: ;J ~f •• ca • '-'· 1;1·! -; I ~~ J f = 'F ~ , .&; "' 'ti Ill ! w . ·-s ·.o, .!:! E IIO • .. ...... a. C ·i; ::, • if!, ac: C .; ·i, U· :i • C .. I u i C !f $ :i E •. :Ej c,~ ca 9, ·; ., l&I " <Cl O'.-J · " i ~ c · o(i-~ 0. < f_ . 'Q . < 0 {:. J.1. J:,,;, [!',_; '" 1-. KMW KE6S4L4H6-D 02DT 600 600 340 0 70 6.0 120 11.89 1652.65 KMW KE654L4H6-D 02DT 700 700 340 0 63 6.0 120 12.35 1837.30 KMW KE654L4H6-D OODT 2000 2000 340 0 63 6.0 160 16.26 6027.26 KMW KE654L4H6-D OODT 2100 2100 340 0 63 6.0 160 16.23 5985.77 KMW KE654L4H6-D 02DT 600 600 120 0 70 6.0 120 11.89 I 6S2.65 KMW KE65◄L4H6-D 020T 700 700 120 0 63 6.0 120 12.35 1837.30 KMW KE654L4H6-D OODT 2000 2000 120 0 63 6.0 160 16.26 6027.26 KMW KE65<1L4H6-D OODT 2100 2100 120 0 63 6.0 160 16.23 5985.77 KMW KE654L-4H6-D 02DT 600 600 230 0 70 6.0 120 11.89 1652.65 KMW KE654L4H6-D 020T 700 700 230 0 63 6.0 120 12.35 1837.30 KMW KE654L4H6-D OODT 2000 2000 230 0 63 6.0 160 16.26 6027.26 KMW KE654L4H6-D OODT 2100 2100 230 0 63 6.0 160 16.23 5985.77 • Note there is I Dish Wireless antenna per sector at this site. For clarity, the different frequencies for each antenna are entered on separate lines. EBI Consulting ♦ 21 B Street ♦ Burlington, MA 0 1803 ♦ 1.800.786.2346 2 ..... .... i -~ ~ w . ] 0 I- 2710.35 3013.18 9884.71 9816.66 2710.35 3013.18 9884.71 9816.66 2710.35 3013.18 9884.71 9816.66 RF-EME Compliance Report EBI Proiect No. 62220052I l Antenna Z-Height Site No. SDSAN00082C 7140 Avenida Encinas, Carlsbad, California Z-Z,. Z- Height Height z- Ant# NAME X y Radiation Upper Lower Height Adjacent Height Sloped Main Centerline Sloped Building Ground Roof Roof Roof Roof I Dish 124.I 96.0 32.5 -12.5 -0.5 9.5 7.5 32.5 2 Dish 141.7 77.3 32.5 -12.5 -0.5 9.5 7.5 32.5 3 Dish 1.2 49.8 35.0 -10.0 2.0 12.0 10.0 35.0 • Note the Z-Height represents the distance from the antenna centerline in feet. The above tables contain an inventory of proposed Dish Wireless antennas and other carrier antennas if sufficient information was available to model them. Note that EB\ uses an assumed set of antenna specifications and powers for unknown and other carrier antennas for modeling purposes. The FCC guidelines incorporate two separate tiers of exposure limits that are based upon occupational/controlled exposure limits (for workers) and general population/uncontrolled exposure limits for members of the general public that may be exposed to antenna fields. While access to this site is considered uncontrolled, the analysis has considered exposures with respect to both controlled and uncontrolled limits as an untrained worker may access adjacent rooftop locations. Additional information regarding controlled/uncontrolled exposure limits is provided in Appendix C. Appendix B presents a site safety plan that provides a plan view of the rooftop with antenna locations. 3.0 WORST.CASE PREDICTIVE MODELING EBI has performed theoretical MPE modeling using RoofMaster ™ software to estimate the worst-case power density at the site's nearby broadcast levels resulting from operation of the antennas. RoofMasterTM is a widely-used predictive modeling program that has been developed by Waterford Consultants to predict RF power density values for rooftop and tower telecommunications sites produced by vertical collinear antennas that are typically used in the cellular, PCS, paging and other communications services. Using the computational methods set forth in Federal Communications Commission (FCC) Office of Engineering & Technology (OET) Bulletin 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields" (OET-65), RoofMaster™ calculates predicted power density in a scalable grid based on the contributions of all RF sources characterized in the study scenario. At each grid location, the cumulative power density is expressed as a percentage of the FCC limits. Manufacturer antenna pattern data is utilized in these calculations. RoofMaster™ models consist of the Far Field model as specified in OET-65 and an implementation of the OET-65 Cylindrical Model (Sula9). The models utilize several operational specifications for different types of antennas to produce a plot of spatially-averaged power densities that can be expressed as a percentage of the applicable exposure limit. For this report, EBI utilized antenna and power data provided by Dish Wireless and compared the resultant worst-case MPE levels to the FCC's occupational/controlled exposure limits outlined in OET Bulletin 65. The assumptions used in the modeling are based upon information provided by Dish Wireless and information gathered from other sources. Elevations of walking/working surfaces were estimated based on elevations provided and available aerial imagery. Sector orientation assignments were made assuming coverage is directed to areas of site. Changes to antenna mount heights or placement will impact site compliance. The parameters used for modeling are summarized in the Site Description antenna inventory table in Section 2.0. There are no other wireless carriers with equipment installed at this site. Based on worst-case predictive modeling, the worst-case emitted power density may exceed the FCC's general public limit within approximately 9 feet of Dish Wireless's Sector A and B antennas into free space EB! Consulting ♦ 21 B Street ♦ Burlington, MA 01803 ♦ 1.800.786.2346 3 RF-EME Compliance Report EBI Project No. 622200521 I Site No. SDSAN00082C 7140 Avenida Encinas, Carlsbad, California on the main roof level. At the nearest walking/working sutfaces to the Dish Wireless antennas, the maximum power density generated by the Dish Wireless antennas is approximately 84.68 percent of the FCC's general public limit (16.94 percent ofthe FCC's occupational limit). The composite exposure level from all carriers on this site is approximately 84.68 percent of the FCC's general public limit ( 16.94 percent of the FCC's occupational limit) at the nearest walking/working suriace to each antenna. The Site Safety Plan also presents areas where Dish Wireless antennas contribute greater than 5% of the applicable MPE limit for a site. A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards. The inputs used in the modeling are summarized in the Site Description antenna inventory table in Section 2.0. A graphical representation of the RoofMaster ™ modeling results is presented in Appendix B. Microwave dish antennas are designed for point-to-point operations at the elevations of the installed equipment rather than ground level coverage. The maximum power density generated by all carrier antennas, including microwaves and panel antennas, is included in the modeling results presented within this report. 4.0 MITIGATION/SITE CONTROL OPTIONS EBt's modeling indicates that there are areas in front of the Dish Wireless antennas into free space that exceed the FCC standards for general public exposure. Modeling also indicates that the worst-case emitted power density does not exceed the FCC's occupational limit in front of the Dish Wireless antennas. In order to alert people accessing the rooftop, a Guidelines sign and an NOC Information sign are recommended for installation at each access point to the rooftop. Additionally, Blue Notice signs are recommended for installation behind the Dish Wireless Sector A, B, and C antennas. These signs must be placed in a conspicuous manner so that they are visible to any person approaching the antennas from any direction. Barriers are recommended for installation when possible to block access to the areas in front of the antennas that exceed the FCC general public and/or occupational limits. Barriers may consist of rope, chain, or fencing. Painted stripes should only be used as a last resort. There are no barriers recommended on this site. Barriers are not recommended for installation because exceedances are into free space over lower walking/working surfaces. There are no exceedances on any rooftop and/or ground walking/working surface. These protocols and recommended control measures have been summarized and included with a graphic representation of the antennas and associated signage and control areas in a RF-EME Site Safety Plan. which is included as Appendix B. Individuals and workers accessing the rooftop should be provided with a copy of the attached Site Safety Plan, made aware of the posted signage, and signify their understanding of the Site Safety Plan. To reduce the risk of exposure, EBI recommends that access to areas associated with the active antenna installation be restricted and secured where possible. Implementation of the signage recommended in the Site Safety Plan and in this report will bring this site into compliance with the FCC's rules and regulations. 5,0 SUMMARY AND CONCLUSIONS EBI has prepared a Radiofrequency -Electromagnetic Energy (RF-EME) Compliance Report for telecommunications equipment installed by Dish Wireless Site Number SDSAN00082C located at 7140 EBI Consulting ♦ 21 B Street• Burlington, MA 01803 • 1.800.786.2346 4 RF-EME Compliance Report EBl Project No. 622200521 I Site No. SDSAN00081C 71-40 Avenida Encinas, Carlsbad, California Avenida Encinas in Carlsbad, California to determine worst-case predicted Rf-EME exposure levels from wireless communications equipment installed at this site. This report summarizes the results of RF-EME modeling in relation to relevant Federal Communications Commission (FCC) RF-EME compliance standards for limiting human exposure to RF-EME fields. As presented in the sections above, based on the FCC criteria, the worst-case emitted power density may exceed the FCC's general public limit within approximately 9 feet of Dish Wireless's proposed antennas into free space at the main roof level. Workers should be informed about the presence and locations of antennas and their associated fields. Recommended control measures are outlined in Section 4.0 and within the Site Safety Plan (attached); Dish Wireless should also provide procedures to shut down and lockout/cagout this wireless equipment in accordance with their own standard operating protocol. Non-telecom workers who will be working in areas of exceedance are required to contact Dish Wireless since only Dish Wireless has the ability to lockout/ta.gout the facility, or to authorize others to do so. 6.0 LIMITATIONS This report was prepared for the use of Dish Wireless. It was performed in accordance with generally accepted practices of other consultants undertaking similar studies at the same time and in the same locale under like circumstances. The conclusions provided by EB! are based solety on the information provided by the client. The observations in this report are valid on the date of the investigation. Any additional information that becomes available concerning the site should be provided to EBI so that our conclusions may be revised and modified, if necessary. This report has been prepared in accordance with Standard Conditions for Engagement and authorized proposal, both of which are integral parts of this report. No other warranty, expressed or implied, is made. EBI Consulting• 21 B Street ♦ Burlington, MA 01803 ♦ 1.800.786.2346 5 RF-EME Compliance Report EBI Project No. 6222005211 Appendix A Certifications Site No. SDSAN00082C 7140 Avenida Encinas, Carlsbad, California EBI Consulting♦ 21 B Street♦ Burlington, MA 01803 • 1.800.786.2346 RF-EME Compliance Report EBI Proiect No. 6222005211 Appendix B Site No. SOSAN00082C 7140 Avenida Encinas, Carlsbad, California Radio Frequency Electromagnetic Energy Safety Information and Signage Plans EBI Consulting• 21 B Street• Burlington, MA 01803 ♦ 1.800.786.2346 RF-EME Compliance Report EBI Project No. 622200521 I 1mm,1 ·•CMntOtl Site N o. SDSAN00082C 7140 Avenida Encinas, Carlsbad, California :-=-==-. ------{(~)) A ~- l 'JJ-rt,:I' J·\ t ff·/1 . Final --;; ·-• .. . --,-.. ........... --,.. ___ .... .-"'!~- Compliance =~-':.=.c ----·-----.. . ; --·-.--.--•--- Configuration . .. -· GUIDELINES NOTICE CAUTION WARNING NOCINFO BARRIE.R/MARKER Access Point(s) 1+ 0 0 0 I+ 0 N/A Alpha 0 I 0 0 0 0 N/A Beta 0 I 0 0 0 0 N/A Gamma 0 l 0 0 0 0 N/A Sign Posting Instructions Required Signage / Mitigation .. ....... NOC Information Securely post at the main rooftop access door and every point of -·----.... -··-----Information signs are used to provide contact information for any questions access to the site in a manner conspicuous to all individuals .. -... or concerns for personnel accessing the site. entering thereon as indicated in the signage plan. "°"" -· I Guidelines Securely post at the main rooftop access door and every point of -~ -Informational sign used to notify workers that there are active antennas access to the site in a manner conspicuous to all individuals ---installed and provide guidelines for working in RF environments. entering thereon as indicated In the signage plan. l '!tlildl (<ii) Notice Used to notify individuals they are entering an area where the power density emitted from transmitting antennas may exceed the FCC's MPE limit for the Securely post behind each Dish Wireless antenna. .. general public or occupational exposures . 'a CAUTHlM Caution ---" Used to notify individuals that they are entering a hot spot where either the Signage Not Required general public or occupational FCC's MPE limit is or could be exceeded. - --•-. Warning Used to notify individuals that they are entering a hot zone where the Signage Not Required occupational FCC's MPE limit has been exceeded by lOx . .. EBI Consulting ♦ 21 B Street ♦ Burlington, MA 01803 ♦ 1.800.786.2346 RF-EME Compliance Report EBI Project No. 622200521 I Appendix C Site No. SDSAN00082C 7140 Avenida Encinas, Carlsbad, California Federal Communications Commission (FCC) Requirements EBI Consulting ♦ 21 B Street ♦ Burlington, MA 01803 ♦ 1.800.786.2346 R.F-EME Compliance Report EBI Project No. 622200521 I Site No. SDSAN00082C 7140 Avenida Encinas, Carlsbad, California The FCC has established Maximum Permissible Exposure (MPE) limits for human exposure to Radiofrequency Electromagnetic (RF-EME) energy fields, based on exposure limits recommended by the National Council on Radiation Protection and Measurements (NCRP) and, over a wide range of frequencies, the exposure limits developed by the Institute of Electrical and Electronics Engineers, Inc. (IEEE) and adopted by the American National Standards Institute (ANSI) to replace the 1982 ANSI guidelines. Limits for localized absorption are based on recommendations of both ANSI/IEEE and NCRP. The FCC guidelines incorporate two separate tiers of exposure limits that are based upon occupational/controlled exposure limits (for workers) and general public/uncontrolled exposure limits for members of the general public. Occupational/controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. Occupational/ controlled exposure limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above general public/uncontrolled limits (see below), as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or by some other appropriate means. General public/uncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Therefore, members of the general public would always be considered under this category when exposure is not employment-related, for example, in the case of a telecommunications tower that exposes persons in a nearby residential area. Table I and Figure I (below), which are included within the FCC's OET Bulletin 6S, summarize the MPE limits for RF emissions. These limits are designed to provide a substantial margin of safety. They vary by frequency to take into account the different types of equipment that may be in operation at a particular facility and are "time-averaged" limits to reflect different durations resulting from controlled and uncontrolled exposures. The FCC's MPEs are measured in terms of power (mW) over a unit surface area (cm2). Known as the power density, the FCC has established an occupational MPE of 5 milliwatts per square centimeter (mW/cm2) and an uncontrolled MPE of I mW/cm1 for equipment operating in the l 900 MHz frequency range. For the Dish Wireless equipment operating at 600 MHz or 8S0 MHz, the FCC's occupational MPE is 2.83 mW/cm2 and an uncontrolled MPE of 0.57 mW/cm2. For the Dish Wireless equipment operating at 1900 MHz, the FCC's occupational MPE is 5.0 mW/cm2 and an uncontrolled MPE limit of 1.0 mW/cm2• These limits are considered protective of these populations. EBI Consulting ♦ 21 B Street ♦ Burlington, MA 01803 • 1.800.786.2346 RF-EME Compliance Report EBI Project No. 622200521 I Site No. SDSAN00082C 7140 Avenida Encinas, Carlsbad, California Based on the above, the most restrictive thresholds for exposures of unlimited duration to RF energy for several personal wireless services are summarized below: Approxi~ate • Occupational ,. ,, . ·Persohal Wireless _Sen,i(;e ,. Public MPE '•.; • Frequencv • ,,,, MPE " Microwave (Point-to-Point) 5,000 -80,000 MHz 5.00 mW/cm2 1.00 mW/cm2 Broadband Radio (BRS) 2,600 MHz 5.00 mW/cm2 1.00 mW/cm2 Wireless Communication (WCS) 2,300 MHz 5.00 mW/cm2 1.00 mW/cm2 Advanced Wireless {A WS) 2,100 MHz 5.00 mW/cm2 1.00 mW/cm2 Personal Communication (PCS) 1,950 MHz 5.00 mW/cm2 1.00 mW/cm2 Cellular Telephone 870 MHz 2.90 mW/cm2 0.58 mW/cm2 Specialized Mobile Radio (SMR) 855 MHz 2.85 mW/cm2 0.57 mW/cm2 Lon~ Term Evolution (L TE) 700 MHz 2.33 mW/cm1 0.47 mW/cm2 Most Restrictive Frequency Ran~e 30-300 MHz 1.00 mW/cm1 0.20 mW/cm2 MPE limits are designed to provide a substantial margin of safety. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Personal Communication (PCS) facilities used by Dish Wireless in this area will potentially operate within a frequency range of 600 to 2100 MHz. Facilities typically consist of: I) electronic transceivers (the radios or cabinets) connected to wired telephone lines; and 2) antennas that send the wireless signals created by the transceivers to be received by individual subscriber units (PCS telephones). Transceivers are typically connected to antennas by coaxial cables. Because of the short wavelength of PCS services, the antennas require line-of-site paths for good propagation, and are typically installed above ground level. Antennas are constructed to concentrate energy towards the horizon, with as little energy as possible scattered towards the ground or the sky. This design, combined with the low power of PCS facilities, generally results in no possibility for exposure to approach Maximum Permissible Exposure (MPE) levels, with the exception of areas directly in front of the antennas. FCC Compliance Requirement A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards. EBI Consulting ♦ 21 B Street ♦ Burlington, MA O 1803 ♦ 1.800.786.2346 Order No: 92017765-920-CMM-CMS SCHEDULE A The form of policy of title insurance contemplated by this report is: Cl TA Standard Coverage Policy of Title Insurance (4-8-14) The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee as to Parcel A; an Easement more fully described below as to Parcel B. Title to said estate or interest at the date hereof is vested in: Ralphs Grocery Company, an Ohio corporation The land referred to herein is situated in the County of SAN DIEGO, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Order No: 92017765-920-CMM-CMS EXHIBIT"A" ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS PARCEL A: PARCEL A OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO, ADJ 07-04 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JUNE 8, 2007, AS INSTRUMENT NO. 2007-387629 OF OFFICIAL RECORDS. DESCRIBED AS FOLLOWS: PARCELS 5 AND 6 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. 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 TO 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 OCCIDENTAL LAND AND DEVELOPMENT CORPORATION, RECORDED JULY 21, 1981, RECORDER'S FILE NO. 81-228252 OP OFFICIAL RECORDS. EXCEPTING THEREFROM NON-EXCLUSIVE EASEMENTS AS MORE PARTICULARLY DESCRIBED IN THE OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE 1, 1988, EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATION DEPARTMENT STORES, INC., A DELAWARE CORPORATION, RECORDED JUNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL RECORDS. PARCEL B: NON-EXCLUSIVE EASEMENTS ENCUMBERING PARCELS 1, 3, 5, 7, 8, 13 AND 14 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 AS FILE NO. 88-140044 OF OFFICIAL RECORDS, AS MORE PARTICULARLY DESCRIBED IN THE OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE 1, 1988; EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATED DEPARTMENT STORES, INC., A DELAWARE CORPORATION, RECORDED JUNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL RECORDS. Assessor's Parcel Number: 214-430-27 Order No: 92017765-920-CMM-CMS SCHEDULE B-Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 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 suivey 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 lien for services, labor or material not shown by the Public Records. Order No: 92017765-920-CMM-CMB SCHEDULE B-Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2022-2023 8. 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. I. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) or right(s) of way for the purpose(s) shown below and rights incidental thereto, as granted and/or reserved in various deeds of record: Purpose: Affects: Ingress and egress, pipelines, drainage and/or public utilities and incidental purposes thereto over, under, along and across the easement parcel(s) herein described Easement Parcel B 3. 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: Recording No: Affects: July 18, 1963 125935 of Official Records A portion of said land 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. Said instrument provides or establishes: Among Other Things, Said Document Provides: "Lands Which Lie Generally Northwesterly and Southwesterly of Said Parcel 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." 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: City ofCarlsbad Sewerage, drainage, power line December 31, 1975 75-371308 of Official Records A portion of said land Order No: 92017765-920-CMM-CMBErrorl Unknown op code for condltlonal. 5. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon age, 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 infonnation, 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 pennitted by applicable law, as set forth in the document Recording Date: July 21, 1981 Recording No: 81-228252 of Official Records Said instrument provides or establishes: As provides therein 6. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon age, 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 infonnation, 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 pennitted by applicable law, as set forth in the document Recording Date: December 29, 1983 Recording No: 83-475374 of Official Records 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Purpose: Affects; Map No. 10829 Drainage As shown on said Tract Map 8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Map No. 10829 Purpose: Water line Affects: As shown on said Tract Map 9. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Agreement Regarding Construction and Use of Desiltation and Petention Basin and Traffic Improvements October 7, 1983 Group VI, a California limited partnership, Seabluff Associates, a California joint venture, Cecil a. Smith, a married man, as his sole and separate property, Carlsbad Comers Incorporated, a California corporation, R.C. Jewett Company, a California general partnership and Poinsettia Investment Company, Inc., a California corporation February 6, I 984 84-45340 of Official Records Reference is hereby made to said document for full particulars. Order No: 92017765-920-CMM-CM8Errorl Unknown op code for conditional. 10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company, a corporation Underground utilities August 6, 1984 84-29751 I of Official Records A portion of said land 11. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Hold Harmless Agreement Drainage August 26, 1986 Poinsettia Associates and The City of Carlsbad December 17, 1986 86-593787 of Official Records Reference is hereby made to said document for full particulars. 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company, a corporation Underground utilities October 20, 1987 87-590531 of Official Records A portion of said land The exact location and extent of said easement is not disclosed ofrecord. 13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Purpose: Affects: Map No. 15187 Public utility and general access As shown on said Tract Map 14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Purpose: Affects: MapNo.15187 Drainage As shown on said Tract Map 15. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: MapNo.15187 Purpose: Water Affects: As shown on said Tract Map 16. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Purpose: Affects: Map No. 15187 Traffic signal maintenance As shown on said Tract Map Order No: 92017765-920-CMM-CMSErrorl Unknown op code for conditional. 17. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Purpose: Affects: MapNo.15187 Clear space As shown on said Tract Map Said instrument provides or establishes: Among other things, said document provides A. Grantor 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. 8. Grantor Covenants and Agrees 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 Land Within the Clear Space Easement and Does Not Authorize or Imply That the Area May Be Used by the General Public. 18. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Purpose: Affects: MapNo.15187 Reciprocal parking and access As shown on said Tract Map 19. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Purpose: Affects: Map No. 15187 Public utility, general access and drainage As shown on said Tract Map 20. Recitals as shown on that certain map/plat Recording No: Parcel Map No. 15187 Which 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. Reference is hereby made to said document for full particulars. 21. Recitals as shown on that certain map/plat Recording No; Parcel Map No. 15187 Which among other things recites The maintenance of the private access easement over lot 9 shall be the common responsibility of all property owners in perpetuity. Reference is hereby made to said document for full particulars. Order No: 92017765-920-CMM-CMBError! Unknown op code for conditional. 22. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a documen1: Granted to: Purpose: Recording Date: Recording No: Affects: Pacific Bell, a California corporation Underground communication structures and aboveground markers, pedestals, tennina! equipment cabinets, other associated electrical conductors May 31, 1988 88-254904 of Official Records A portion of said land The exact location and extent of said easement is not disclosed of record. 23. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Operation and Reciprocal Easement Agreement June 1, 1988 Poinsettia Associates, a California limited partnership, and Federated Department Stores, Inc., a Delaware corporation June 6, 1988 88-267194 of Official Records Reference is hereby made to said document for full particulars. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: First Amendment and Restatement of Operation and Reciprocal Easement Agreement December 27, 1988 Poinsettia Associates, a California limited partnership, and 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. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Secondary Operating Agreement March 23, 1989 Poinsettia Associates, a California genera! partnership and Poinsettia Village, L.P. a California limited partnership March 27, 1989 89-154614 of Official Records Reference is hereby made to said document for full particulars. An agreement to modify the terms and provisions ofthe said document, as therein provided Executed by: Recording Date: Recording No: Donahue Schriber Realty Group, L.P., a Delaware limited partnership and Mitchell Land and Improvement Company., a California corporation June 30, 2008 2008-349503 of Official Records Order No: 92017765-920-CMM-CMSErrorl Unknown op code for conditional. 24. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Operation and Reciprocal Easement Agreement January 20, 1988 Poinsettia Associates, a California limited partnership and Federated Department Stores, Inc., a Delaware corporation June 6, 1988 88-267194 of Official Records Reference is hereby made to said document for full particulars. An agreement to modify the terms and provisions ofthe said document, as therein provided Executed by: Recording Date: Recording No: Poinsettia Associates, a California limited partnership and Ralphs Grocery Company, a Delaware corporation and Pay Less Drug Stores Northwest, Inc., a Maiyland corporation December 30, 1988 88-674762 of Official Records 25. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District Public utilities December 21, 1989 89-691 852 of Official Records A portion of said land 26. The document "Notice ofRestriction on Real Property" Recording Date: September 14, 2005 Recording No.: 2005-491803 of Official Records Affects: Parcel 6 of Parcel Map No. 15187 & O.P 27. Please be advised that our search did not disclose any open Deeds of Trust ofrecord. lfyou should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 28. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County: Fiscal Year: Taxpayer: Amount: Recording Date: Recording No: San Diego 2017-2018 Ralphs Grocery Co (LF) Campus $1,055.12 December 18, 2017 2017-590684 of Official Records 29. 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 will 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. Order No: 92017765-920-CMM-CM8Errorl Unknown op code for conditional. 30. 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. 31. 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. 32. Matters which may be disclosed by an inspection and/or by a correct AL TA/AC SM Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Order No: 92017765-920-CMM-CMS REQUIREMENTS SECTION: 1. Prior to the close of escrow, the Company requires a Statement of Information to be completed by the following party(s), 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. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. 3. 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: Ralphs Grocery Company, an Ohio corporation 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. Order No: 92017765-920-CMM-CMS INFORMATIONAL NOTES SECTION 1. The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. 2. For wiring Instructions please contact your Title Officer or Title Company Escrow officer. 3. 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. 4. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (OTT) Affidavit may be required to be completed and submitted with each document when OTT 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. OTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 5. 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. 6. The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies: A. 2006 ALTA Owner's Policy (06-17-06). 6. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. B. 2006 ALTA Loan Policy (06-17-06). 8. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 9. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. C. AL TA Homeowner's Policy of Title Insurance (12-02-13) and CL TA Homeowner's Policy of Title Insurance (12-02-13). 10. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. D. AL TA Expanded Coverage Residential Loan Policy -Assessments Priority (04-02-15). 12. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 13. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. Order No: 92017765-920-CMM-CMSErrorl Unknown op code for conditional. E. CLTA Standard Coverage Policy 1990 (11-09-18). 7. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members. 8. Any claim of invalidity, unenforceability, or lack of priority of the lien of the insured mortgage based on the application of a tribe's law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage. 7. Note: None of the items shown in thls report will cause the Company to decline to attach AL TA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 8. Note: 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 a Commercial Property, known as 7140 Avenida Encinas, City of Carlsbad, County of San Diego, CA, to an Extended Coverage Loan Policy. 9. The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies: A. 6 B. 8. 9. C. 2006 ALTA Owner's Policy (06-17-06). Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 2006 ALT A Loan Policy (06-17-06 Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. AL TA Homeowner's Policy of Title Insurance (12-02-13) and CLTA Homeowner's Policy of Title Insurance (12-02-13). 10. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. D. 12. ALTA Expanded Coverage Residential Loan Policy -Assessments Priority (04-02-15). Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 13. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. Order No: 92017765-920-CMM-CMBErrorl Unknown op code for conditional. E. CL TA Standard Coverage Policy 1990 {11-09-18). 7. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members. 8. Any claim of invalidity, unenforceability, or lack of priority of the lien of the insured mortgage based on the application of a tribe's law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage. 10. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: 11. 12. 13. 14. 15. Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment Exemption: Code Area: Document Type: Granter: Conveyed To: corporation Transfer Tax: Recording Date: Recording No.: Document Type: Granter: Conveyed To: Transfer Tax: Recording Date: Recording No.: Document Type: Granter: Conveyed To: Transfer Tax: Recording Date: Recording No.: Document Type: Granter: Conveyed To: Transfer Tax: Recording Date: Recording No.: Document Type: Granter: Conveyed To: Transfer Tax: Recording Date: Recording No.: 214-430-27-00 2021-2022 $74,674.10 $74,674.10 None 09027 Grant Deed Paul J. Parish, a married man dealing with his sole and separate property Occidental Petroleum Land and Development corporat1on, a California None October 22, 1970 193071 of Official Records Corporation Grant Deed Occidental Land, Inc., who acquired title as Occidental Petroleum Land and Development corporation, a California corporation R. C. Jewett Company, a general partnership $1,914.00 July 21, 1981 81-228252 of Official Records Grant Deed R. C. Jewett Company, a general partnership Poinsettia Investment Company, Inc., a California corporation $6,142.95 October 25, 1983 83-385009 of Official Records Corporation Grant Deed Poinsettia Investment Company, Inc. Poinsettia Associates, a California general partnership $9,534.80 September 19, 1985 85-346560 of Official Records Partnership Grant Deed Poinsettia Associates, a general partnership Federated Stores, Inc., a Delaware corporation $1,650.00 June 6, 1988 88-267193 of Official Records Order No: 92017765-920-CMM-CMBError! Unknown op code for conditional. Affects: 16. Document Type: Grantor: Conveyed To: Transfer Tax: Recording Date: Recording No.: Affects: 17. Document Type: Grantor: Conveyed To: Transfer Tax: Recording Date: Recording No.: Affects: 18. Document Type: Grantor: Conveyed To: Transfer Tax: Recording Date: Recording No.: Affects: Typist: 0gs Date Typed: May 16, 2022 Parcel 5 of Parcel Map No. 15187 Corporation Quitclaim Deed Federated Department Stores, Inc., a Delaware corporation Ralphs Grocery Company, a corporation None August 1, 1988 88-376475 of Official Records Parcel 6 of Parcel Map No. 15187 Grant Deed Donahue Schriber Realty Group, L.P. who acquired title as Donahue Schriber Realty Group, Inc. Donahue Schriber Realty Group, L.P None March 2, 1998 98-108146 of Official Records Parcel 6 of Parcel Map No. 15187 Grant Deed Donahue Schriber Realty Group, L.P., as to a 97% undivided interest, and Poinsettia Associates, a California general partnership, as to a 3% undivided interest Ralphs Grocery Company, an Ohio corporation None February 1, 2007 2007 • 72246 of Official Records Parcel 6 of Parcel Map No. 15187 :::,WIRE SAFE. I 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 lawyer. 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 ABA 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: Wre Fraud Alert Federal Bureau of Investigation: http://www.fbi.gov Original Effective Date: 5/11/2017 Current Version Date: 5111/2017 Internet Crime Complaint Center: http:llwww.Jc3.gov Page 1 WIRE0016 (OSI Rev.12/07/17) TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights reseNed 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 such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy 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, such as date and lime 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 c.ookies 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 Information 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 perform services or functions on our behalf and who agree to use the information only to provide sucii 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. 92017765-920-CMM-CMB • 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 otheiwise share your Personal Information or Browsing Information with nonaffiliated 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 \\lhether 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:lffnf.com/paqeslcaliforniaprivacy.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.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated 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 nonaffiliated 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 lnfomiation 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 outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that infomiation 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 \fl/hen 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 law, 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 (DSI Rev. 07/29/21) Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 92017765-920-CMM-CMS 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 Privacy 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 Privacy 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 Page or contact us by phone at (888) 714-2710 or by mail to: FNF Privacy Statement (Eff. August 1, 2021) MISC0219 (DSI Rev. 07/29/21) Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 92017765-920-CMM-CMS ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LANO TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs. attorneys' fees or expenses which arise by reason of: 1 (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance 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 beeI1 recorded in the public records at Dale of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Polley, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; {c) resulting in no loss or damage to the insured claimant: {d) attaching or created subsequent to Date of Policy: or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness. to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE • SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an 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) Un patented mining claims: (b) reservations or exceptions in patents or in Acts aulhDfizing the issuance thereof; (c) water rights. claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CL TA HOMEOWNER'$ POLICY OF TITLE INSURANCE (12-02-13) ALT A HOMEOWNER'S 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 limit the coverage described in Covered Risk 8.a .. 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records: b, that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One CA (Rev. 05-06-16) Page 1 © Callfornla 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 J 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 TIiie to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. 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 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever 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 ot. 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 al 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, 1 J or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. s. Invalidity or unenforceabilily 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, slate 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 staled in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE {Except as provided in Schedule 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) Page 2 © California Land Tltle 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 affecUng the Tille 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 lien for services, labor or material not shQV,'11 by the Public Records.} PART II 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 the 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 arise by reason of: 1. (a) Any law, ordinance, permit. or governmental regulation (including those relating lo 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 1 O): " (e) resulting in loss or damage that would not have been sustained if 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 staled 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 attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Tille 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 policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses. that arise by reason of: {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 ShQV,'11 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 Tille that would be disclosed by an accurate and complete land survey of the Land and that are not ShQV,'11 by the Public Records. 5. (a) Unpatented mining claims: (b) reservaUons or exceptions \n patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not ShQV,'11 by the Public Records. } 7. {Variable exceptions such as taxes, easements, CC&R's, etc. ShQV,'11 here.} Attachment One CA (Rev. 05•06 16) Page 3 © California Land Title Association. AU 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. AL TA 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 will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1 (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use. or enjoyment of the Land: (ii) the character, dimensions, or location of any improvement erected on the Land: {iii) the subdivision of land: or (iv) environmental protection: or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 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) attaching or created subsequent to Dale of Policy (however. this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23. 24. 27 or 28): or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or 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. This Exclusion does not modify or limit the coverage provided in Covefed 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 Tille for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of 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 ofthe 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 TIUe 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. OWNER'S DECLARATION 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 b further described as follows: See Preliminary Report/Commitment No. 92017765-920-CMM-CMB for full legal description (the "Land"). Declarant is the ____________ of ("Owner"), which is the owner or lessee, as the case may be, of ce~rt~a'i,~p~ce~m'is'e~s'lo~ca=te'd~a~t-------- further described as follows: See Preliminary Report/Commitment No. 92017765-920-CMM-CMB 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 Commonwealth Land 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, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. 5 The Land is currently in use as --------~ , -c.~-c---c~--c----c----,---occupy/occupies the Land; and the following are all 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. There are no material violations of any current, enforceable covenant affecting the Property and the Undersigned has received no written notice from any third party claiming that there is a present violation of any current, enforceable covenant affecting the Property. Owner"s Declaration MISC0220 {OSI Rev. 5/23116) This declaration is made with the intention that Commonwealth Land Title Company and Commonwealth Land Title Insurance 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 __ at Signature: _______________ _ Signature: _________________ _ Owner's Declaration MISC0220 {DSI Rev. 6/23116) 9713 [N WITNESS WHEREOF, the undersignCd Grantor has caused this Grant Deed to be executed as of the .1l?day of $N'11&;Y , 2007. ( DOW LA W:00003 I 32/v/106,10002) Order: 92017765 Grantor: POINSETTIA ASSOCIATES, a California general partnership By: Donahue Schriber Realty_ Group, L.P., a Delaware limited partnership, Attorney-in-Fact for Poinsettia Associates By: Donahue Schriber Realty Group, Inc., a Maryland corporation, as General Partner ~~~~HI~ Title: Secretary By: _½.:_· ....c. _. _· ___,_(k.:-"""':vf:CL Name:._Iul~•aa~N~•~vJlt,.._ ____ _ Title: Vice President FiRSAca DONAHUE SCHRIBER REALTY GROUP, L.P., a Delaware limited partnership By: Donahue Scriber Realty Group, Inc., .;;:~:g;Gr;::er Title: Secretary i:= ••• By: __ s:_· ~· -~(14:=ft~ Name: • ....J(ul~sa~b~•aevl~lt"----- Title: Vice President Bnance Paae 2 of 13 Re11uesled Bv: mc<ihee.k. Printed: 5/16/2022 7:26 AM Order: 92017765 ACKNOWLEDGMENT State of California County of Orange On 1·2'1-07 before me, ---LIK~ou.t..,,h,..,le~•,.,n~A=· ~S~:be......,12l"'"'~~M,.._.:la'!"~ol~'-'-'p.._~b.._\.,_:,.c,,~ (here insert name !.~d~itle of tife officer) personally appeared, __ l.=-•·.,s.,e,....,L..,.'""H=•· ~"'c"'•"'a..._..,g.,n.._d.,_.Jl,.,.,..,':,q..._.JN..,...e..,y.,;utt.1-_____ _ personally known to me ~•• pM,•ed le "'e en !he l>eeis el eelisfeele,y e•ideAeej to be the person(s) whose name(s) jelare subscribed to the within instrument and acknowledged to me that he,.,,1,elthey executed the same Ii, llls~1e1/their. authorized capacity(ies), and that by hio,'hePltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ..JW,t,.,;;) (i. ~) 1·••=•=••==••1 K.AJHLEEN A. STEPP " CammlulOn# 1527412 :; • Noto,y Publlc -CQutomla $' Otunge County f MvComm.bpn;aDeC 13,2008P (Sea<) 9714 Pace 3 of 13 Reauested Bv: mcahee.k. Printed: 5/16/2022 7:26 AM 01-02'68163 EXHIBIT A LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of SAN DIEGO, and is described as follows, PARCEL A, PARCEL 6 OF PARCEL MAP NO. 151B7, IN THE CITY OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH RECORDER'S FILE NO. 88-140044 OF OFFICIAL RBCORDS. CARLSBAD, THE OFFICE 28, 1988, 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 TO 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 OCCIDENTAL LAND AND DEVELOPMENT CORPORATION, RECORDED JULY 21, 1981, RECORDER'S FILE NO. 81-228252 OF OFFICIAL RECORDS. RESERVING THEREFROM NON-EXCLUSIVE EASEMENTS AS MORE PARTICULARLY DESCRIBED IN THE OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE 1, 1988, EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATION DEPARTMENT STORES, INC., A DELAWARE CORPORATION, RECORDED JUNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL RECORDS. PARCEL B, NON-EXCLUSIVE EASEMENTS ENCUMBERING PARCELS 1, 3, 5, 7, B, 13 AND 14 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 AS FILE NO. 88-140044 OF OFFICIAL RECORDS, AS MORE PARTICULARLY DESCRIBED IN THE OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE 1, 1988; EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATED DEPARTMENT STORES, INC., A DELAWARE CORPORATION, RECORDED JUNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL RECORDS. End of Legal Description 9716 Order. 92017765 Paae5af13 Reauested Bv: mcahee.k. Printed: 5/16/2022 7:26 AM Exhibit "8" to Grant Deed I. All non--delinquent general and special real property taxes and assessments; 9717 2. Easements, covenants, conditions, restrictions, reservations, rights•of-way and other matters of record or disclosed by an inspection or survey of the real property; and 3. See seven (7) attached pages attached as Schedule B. (DOW LA W:000O3132MI06S/0002} Order: 92017765 Paoe 6 of 13 Reouested Bv: mcohee.k. Printed: 5/16/2022 7:26 AM 01-0268163 4. COVENANTS, CONDITIONS AS CONTAINED IN RECITAL IN DEED RECORDED JULY 21, 1981 AS FILE NO. 81-228252 OF OFFICIAL RECORDS, WHICH STATES: 11 GRANTEE HEREBY COVENANTS AND AGREES BY THE RECORDING OF THIS DEED THAT THE TERMS AND PROVISIONS ON THE PART OF GRANTEE TO BE PERFORMED UNDER THAT CERTAIN AGREEMENT FOR GRANT OF OPTIONS BETWEEN GRANTOR AND GRANTEE CONCERNING THE REAL PROPERTY HEREIN CONVEYED, WITH REFERENCE TO THE COVENANTS AND CONDITIONS OF THE GRANTEE TO BE PERFORMED AFTER RECORDING OF THIS DEED, SHALL BE CONSTRUED TO BE, AND THE SAME ARE HEREBY DECLARED TO BE, COVENANTS, RUNNING WITH THE LAND, AND THE WORD 11 BUYER 11 IN THOSE COVENANTS AND CONDITIONS SHALL ALSO INCLUDE AN'/ SUCCESSORS IN INTEREST OF GRANTEE IN THE REAL PROPERTY HEREIN CONVEYED OR ANY PORTION THEREOF." REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 5. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED DECEMBER 29, 1983 AS FILE NO. 83-475374 OF OFFICIAL RECORDS. RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. 6. AN EASEMENT AFFECTING PURPOSES STATED HEREIN THE PORTION OF SAID LAND AND FOR THE AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED BY MAP NO.: FOR: AFFECTS: 7. AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: 10829 WATER LINE IN FAVOR OF COSTA REAL MUNICIPAL WATER DISTRICT, AS SHOWN ON MAP NO. 10829 PARCEL 6 AS SHOWN ON PARCEL MAP NO. 15187 TO WHICH REFERENCE IS HEREBY MADE FOR FULL OCTOBER 7 1 1983 GROUP VI, A CALIFORNIA LIMITED PARTNERSHIP, SEABLUFF ASSOCIATES, A CALIFORNIA 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 CONSTRUCTION AND USE OF DESILTATION AND RETENTION BASIN AND TRAFFIC IMPROVEMENTS FEBRUARY 6, 1984 AS FILE NO. 84-045340 OF OFFICIAL RECORDS 8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN ANO INCIDENTAL PURPOSES PAGE :2 OF 7 9719 n,n,,.,· A70177!'1!'i P;in,.Rllf1'\ Rl!nUl!~tl!/1 Rv· m,,nhl!I' k Prlntf!/1" !'i/1 !'117nn 7·7!'1 AM Order: 92017765 IN FAVOR OF: FOR: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY UNDERGROUND UTILITIES AUGUST 6, 1984 AS FILE NO, 84-297511 OF OFFICIAL RECORDS AS FOLLOWS: 01-0268163 A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE THREE (3) FEET, MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE JUNE 30, 1985. LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD. 9·. AN AGREEMENT PARTICULARS DATED: TO WHICH REFERENCE IS HEREBY MADE FOR FULL BY AND BETWEEN: REGARDING: RECORDED: AUGUST 26, 1986 POINSETTIA ASSOCIATES AND THE CITY OF CARLSBAD HOLD !!ARMLESS AGREEMENT (DRAINAGE) DECEMBER l7, 1986 AS FILE NO. 86-593787 OF OFFICIAL RECORDS 10. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SAN DIEGO GAS AND ELECTRIC COMPANY FOR: UNDERGROUND UTILITIES RECORDED: OCTOBER 20, 1987 AS FILE NO. 87-590531 OF OFFICIAL RECORDS AFFECTS: AS FOLLOWS: A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINE SHALL BE THREE (3) FEET, MEASURED AT RIGHT WHICH SIDELINE SHALL BE THREE (3) FEET, MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE AUGUST 31, 1989. LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD. 11. AN EASEMENT PURPOSES STATED DEDICATED BY PARCEL MAP NO. : FOR: AFFECTS: AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES, SHOWN OR 15187 PUBLIC UTILITY AND GENERAL ACCESS AS SHOWN AND DELINEATED ON SAID MAP AS PUBLIC UTILITY AND GENERAL ACCESS EASEMENT 12. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES, SHOWN OR PAGE 3 OF 7 9720 Pa11e 9 of 13 Re11uested Bv: mcahee.k. Printed: 511612022 7:26 AM DEDICATED BY PARCEL MAP NO. , FOR, AFFECTS: 15187 DRAINAGE AS SHOWN ON SAID MAP 01-0268163 13. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED BY PARCEL MAP NO. , FOR, AFFECTS, 15187 WATER AS SHOWN ON SAID MAP 14. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED BY PARCEL MAP NO. , FOR, AFFECTS, 15187 TRAFFIC SIGNAL MAINTENANCE AS SHOWN ON SAID MAP 15. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED BY PARCEL MAP NO. , FOR, AFFECTS, 15187 CLEAR SPACE AS SHOWN ON SAID MAP SAID INSTRUMENT, AMONG OTHER THINGS PROVIDES, A. GRANTOR 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. GRANTOR COVENANTS AND AGREES 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 LAND WITHIN THE CLEAR SPACE EASEMENT AND DOES NOT AUTHORIZE OR IMPLY THAT THE AREA MAY BE USED BY THE GENERAL PUBLIC. 16. PROVISIONS OF THE DEDICATION STATEMENT ON THE MAP OF THE TRACT SHOWN BELOW WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME PARCEL MAP NO., 151B7 STREET AFFECTED, 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 PAGE 4 OF 7 9721 Order: 92017765 Paae 10 of 13 Reauested Bv: mcahee.k. Printed: 5/16/2022 7:26 AM ., REGARDING, RECORDED, INC., A DELAWARE CORPORATION OPERATION .AND RECIPROCAL EASEMENT JUNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL RECORDS 01-0268163 A. THE FIRST AMENDMENT AND RESTATEMENT OF OPERATION AND RECIPROCAL EASEMENT AGREEMENT BETWEEN POINSETTIA ASSOCIATES, A CALIFORNIA ~IMITED PARTNERSHIP, AND RALPHS GROCERY COMPANY, A DELAWARE CORPORATION, AND PAY LESS DRUG STORES NORTHWEST, INC., A MARYLAND CORPORATION, WAS RECORDED DECEMBER 30, 1988 AS FILE NO. 88-674762 OF OFFICIAL RECORDS. ' REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. B. SECONDARY OPERATING AGREEMENT BETWEEN POINSETTIA ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP, AND POINSETTIA VILLAGE, L.P., A CALIFORNIA LIMITED PARTNERSHIP, AS RECORDED MARCH 27, 1989 AS FILE NO. 89-154614 OF OFFICIAL RECORDS, REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 23. RIGHTS, EASEMENTS AND PRIVILEGES AS CREATED UNDER THAT CERTAIN OPERATION AND RECIPROCAL AGREEMENT IN FAVOR OF FEDERATED DEPARTMENT STORES, INC., A DELAWARE CORPORATION, RECORDED ~UNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL·RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 24. AN PURPOSES IN FAVOR FOR, RECORDED, AFFECTS, EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE STATED HEREIN AND INCIDENTAL PURPOSES OF, CARLSBAD MUNICIPAL WATER DISTRICT THE CONSTRUCTION, OPERATING, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN, AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD _WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUND DECEMBER 21, 1989 AS FILE NO, 89-691852 OF OFFICIAL RECORDS AS SET FORTH IN SAID DOCUMENT 25, A CERTIFICATE OF CORRECTION PURSUANT TO SECTION 66469 OF THE SUBDIVISION MAP ACT, RECORDED MARCH 8, 1991 AS FILE NO, 1991-0104869 OF OFFICIAL RECORDS, PAGE 6 DF 7 9723 Order: 92017765 Paae12of13 Reauested B'I: mcahee.k. Printed: 5/16/2022 7:26 AM n,t1<>,· Q?rl177R<; 01-0268163 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 26. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT 9724 RECORDED SEPTEMBER 14, 2005 AS FILE NO. 2005-0791803 OF OFFICIAL RECORDS BUT OMITTING ANY COVENANT, CONDITIONS AND RESTRICTION, IF J,,;NY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, SEXUAL ORIENTATION, MARITAL STATUS, ANCESTRY, DISABILITY OR SOURCE OF INCOME UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITIONS AND RESTRICTION (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. NOTE, SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING, IF THIS DOCUMENT CONTAINS ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, ANY PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE COUNTY RECORDER REMOVE THE RESTRICTIVE LANGUAGE PURSUANT TO SUBDIVISION (C) OF SECTION 12956.1 OF THE GOVERNMENT CODE. 27. ANY RIGHT OR INTEREST OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF UNRECORDED LEASE, LEASES, OR TENANT AGREEMENTS. KINDLY FORWARD A COPY OF A CERTIFIED CURRENT RENT ROLL FOR DISCLOSURE OF INDIVIDUAL PARTIES. PAGE 7 OF 7 ~ .... 1'1. nf 1'1. 9713 IN WITNESS WHEREOF, the undersignCd Grantor has caused this Grant Deed to be executed as of the 3/~day Of ...7,i/H«tU,,Y , 2007. !DOW LA W:00003132/Y/1065/0002} Order: 92017765 Grsntor: POINSETTIA ASSOCIATES, a California general partnership By: Donahue Schriber Realty Group, L.P., a Delaware limited partnership, Attorney-in-Fact for Poinsettia Associates By: Donahue Schriber Realty Group, Inc., a Maryland corporation, as General Partner ~:~;={&HI~ Title: Secretary By: _\i:_· .....,· _. _· __._fu-==;i,f-.,_ Name:~~11~s~a ... N~•~vlll=----- Title: Vice President Finance DONAHUE SCHRIBER REALTY GROUP, L.P., a Delaware limited partnership By: Donahue Scriber Realty Group, Inc., a Maryland corporation, as General Partner ~~~e~ro'P Ii,.._ Title: Secretary By:_S:_·-'-""'-. _ _,,(k:..==it:"'- Name:._,1.,1,.,0._b,.•e,.v,,.·tt...._ ___ _ Title: Vice President Bnaoce Paae 2 of 13 Reauested Bv: mcahee.k. Printed: 5/16/2022 7:26 AM 01-0268163 EXHIBIT A LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of SAN DIEGO, and is described as follows. PARCEL A, PARCEL 6 OF PARCEL MAP NO. 15187, IN THE CITY OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH RECORDER'S FILE NO, 88-140044 OF OFFICIAL RECORDS. CARLSBAD, THE OFFICE 28, 1988, 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 TO 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 OCCIDENTAL LAND AND DEVELOPMENT CORPORATION, RECORDED JULY 21, 1981, RECORDER'S FILE NO. 81-228252 OF OFFICIAL RECORDS. RESERVING THEREFROM NON-EXCLUSIVE EASEMENTS AS MORE PARTICULARLY DESCRIBED IN THE OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE l, 1988, EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATION DEPARTMENT STORES, INC,, A DELAWARE CORPORATION, RECORDED JUNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL RECORDS. PARCEL B, NON-EXCLUSIVE EASEMENTS ENCUMBERING PARCELS 1, 3, 5, 7, 8, 13 AND 14 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 AS FILE NO. 88-140044 OF OFFICIAL RECORDS, AS MORE PARTICULARLY DESCRIBED IN THE OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE 1, 1988; EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATED DEPARTMENT STORES, INC., A DELAWARE CORPORATION, RECORDED JUNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL RECORDS. End of Legal Description 9716 Order: 92017755 Paae5af13 Reauesled Bv: mcahee.k. Printed: 5/1612022 7:26 AM ' Exhibit "B" to Grant Deed I. All non-delinquent general and special real property taxes and assessments; 9717 2. Easements, covenants, conditions, restrictions, reservations, rights-Of-way and other matters of record or disclosed by an inspection or survey of the real property; and 3. See seven (7) attached pages attached as Schedule 8, (OOW LAW:00003132/v/1065/0002} Order: 92017765 Pace 6 of 13 Reouested Bv: mcahee.k. Printed: 5/16/2022 7:26 AM Order: 92017765 IN FAVOR OF, FOR, RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY UNDERGROUND UTILITIES AUGUST 6, 1984 AS FILE NO. 84-297511 OF OFFICIAL RECORDS AS FOLLOWS, 01-0268163 A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE THREE (3) FEET, MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE JUNE 30, 1985. LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD. 9·. AN AGREEMENT PARTICULARS DATED, BY AND BETWEEN: REGARDING: RECORDED: TO WHICH REFERENCE IS HEREBY MADE FOR FULL AUGUST 26, 1986 POINSETTIA ASSOCIATES AND THE CITY OF CARLSBAD HOLD HARMLESS AGREEMENT (DRAINAGE) DECEMBER 17, 1986 AS FILE NO. 86-593787 OF OFFICIAL RECORDS 10. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SAN DIEGO GAS AND ELECTRIC COMPANY FOR, UNDERGROUND UTILITIES RECORDED: OCTOBER 20, 1987 AS FILE NO. 87-590531 OF OFFICIAL RECORDS AFFECTS: AS FOLLOWS, A STRIP OF LAND, INCLtJOING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINE SHALL BE THREE (3) FEET, MEASURED AT RIGHT WHICH SIDELINE SHALL BE THREE (3) FEET, MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE AUGUST 31, 1989. LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD. 11. AN EASEMENT PURPOSES STATED DEDICATED BY PARCEL MAP NO , : FOR: AFFECTS: AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES, SHOWN OR 15187 PUBLIC tlTIL.ITY AND GENERAL ACCESS AS SHOWN AND DELINEATED ON SAID MAP AS PUBLIC UTILITY AND GENERAL ACCESS EASEMENT 12. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES, SHOWN OR PAGE 3 OF 7 9720 Paoe 9 of 13 Reauested Bv: meahee.k. Printed: 511612022 7.26 AM DEDICATED BY PARCEL MAP NO. , FOR, AFFECTS, 15187 DRAINAGE AS SHOWN ON SAID MAP 01-0268163 9721 13. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED BY PARCEL MAP NO. , FOR, AFFECTS, 14. AN EASEMENT PURPOSES STATED DEDICATED BY PARCEL MAP NO . , FOR, AFFECTS: 15187 WATER AS SHOWN ON SAID MAP AFFECTING THE PORTION OF SAID LAND AND FOR HEREIN AND INCIDENTAL PURPOSES, SHOWN 15187 TRAFFIC SIGNAL MAINTENANCE AS SHOWN ON SAID MAP THE OR 15, AN EASEMENT AFFECTING THE PORTION OF PURPOSES STATED HEREIN AND INCIDENTAL SAID LAND AND FOR THE PURPOSES, SHOWN OR DEDICATED BY PARCEL MAP NO. , FOR, AFFECTS, 15187 CLEAR SPACE AS SHOWN ON SAID MAP SAID INSTRUMENT, AMONG OTHER THINGS PROVIDES, A. GRANTDR COVENANTS TO GRANTEE THE RIGHT TD ENTER UPON THE SUBJECT LAND. AND REMOVE OR TRIM ANY VEGETATION OR OTHER OBSTRUCTION CONTRARY TO THE PURPOSE OF THIS EASEMENT, B. GRANTOR COVENANTS AND AGREES 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 LAND WITHIN THE CLEAR SPACE EASEMENT AND DOES NOT AUTHORIZE OR IMPLY THAT THE AREA MAY BE USED BY THE GENERAL PUBLIC. Order. 92017765 16. PROVISIONS OF THE DEDICATION STATEMENT ON THE MAP OF THE TRACT SHOWN BELOW WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME PARCEL MAP NO., 15187 STREET AFFECTED: AVENIOA ENCINAS ADJACENT TO LOTS, 1, 2 8, 10, 11, 12, 13 AND 14 EXCEPT ACCESS OPENINGS 1, 2, 3 AND 4 ABUTTING SAID LAND PAGE 4 OF 7 Paoe10of13 R.eooested B11· mcal'lee.k. Printed: 511612022 7:26 AM ,, Order: 92017765 REGARDING: RECORDED: INC., A DELAWARE CORPORATION OPERATION AND RECIPROCAL EASEMENT JUNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL RECORDS 01-0268163 A. THE FIRST AMENDMENT AND RESTATEMENT OF OPERATION AND RECIPROCAL EASEMENT AGREEMENT BETWEEN POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND RALPHS GROCERY COMPANY, A DELAWARE CORPORATION, AND PAY LESS DRUG STORES NORTHWEST, INC., A MARYLAND CORPORATION, WAS RECORDED DECEMBER 30, 1988 AS FILE NO. 88-674762 OF OFFICIAL RECORDS. ' REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. B. SECONDARY OPERATING AGREEMENT BETWEEN POINSETTIA ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP, AND POINSETTIA VILLAGE, L.P., A CALIFORNIA LIMITED PARTNERSHIP, AS RECORDED MARCH 27, 1989 AS FILE NO. 89-154614 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 23. RIGHTS, EASEMENTS AND PRIVILEGES AS CREATED UNDER THAT CERTAIN OPERATION AND RECIPROCAL AGREEMENT IN FAVOR OF FEDERATED DEPARTMENT STORES, INC,, A DELAWARE CORPORATION, RECORDED JUNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL·RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 24. AN PURPOSES IN FAVOR FOR: RECORDED: AFFECTS: EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE STATED HEREIN AND INCIDENTAL PURPOSES OF: CARLSBAD MUNICIPAL WATER DISTRICT THE CONSTRUCTION, OPERATING, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN, AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD .WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL NATURAL AND ARTIFICIAL DRAINAGE DITCHES ANO STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUND DECEMBER 21, 1989 AS FILE NO. 89-691852 OF OFFICIAL RECORDS AS SET FORTH IN SAID DOCUMENT 25. A CERTIFICATE OF CORRECTION PURSUANT TO SECTION 66469 OF THE SUBDIVISION MAP ACT, RECORDED MARCH 8, 1991 AS FILE NO. 1991-0104869 OF OFFICIAL RECORDS. PAGE 6 OF 7 9723 Pi!ae12of13 Reauested Bv: meahee.k. Printed: 5/16/2022 7:26 AM 01-0268163 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 26. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT 9724 RECORDED SEPTEMBER 14, 2005 AS FILE NO. 2005-0791803 OF OFFICIAL RECORDS BUT OMITTING ANY COVENANT, CONDITIONS AND RESTRICTION, IF ANY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, SEXUAL ORIENTATION, MARITAL STATUS, ANCESTRY, DISABILITY OR SOURCE OF INCOME UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITIONS AND RESTRICTION (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. NOTE, SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING, IF THIS DOCUMENT CONTAINS ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID. ANY PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE COUNTY RECORDER REMOVE THE RESTRICTIVE LANGUAGE PURSUANT TO SUBDIVISION (C) OF SECTION 12956.1 OF THE GOVERNMENT CODE. 27. ANY RIGHT OR INTEREST OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF UNRECORDED LEASE, LEASES, OR TENANT AGREEMENTS. KINDLY FORWARD A COPY OF A CERTIFIED CURRENT RENT ROLL FOR DISCLOSURE OF INDIVIDUAL PARTIES. PAGE 7 OF 7 9713 fN WITNESS WHEREOF, the undersignCd Grantor has caused this Grant Deed to be executed as of the 31.P" day Of $N«&t; y' , 2007. I.DOW LAW:OOOOJl321Y/1065/0002} Order: 92017765 Grantor: POINSETTIA ASSOCIATES, a California general partnership By: Donahue Schriber Realty.Group, L.P., a Delaware limited partnership, Attorney-in-Fact for Poinsettia Associates By: Donahue Schriber Realty Group, Inc., a Maryland corporation, as General Partner ~~x:rHlw+i- Title: Secretary By:_CC_· ~---_· ~rk~:lt:~ Name:__,1u1,.sao.oN1<evllt""''----- Title: Vice President Finance DONAHUE SCHRIBER REALTY GROUP, L.P., a Delaware limited partnership By: Donahue Scriber Realty Group. Inc., ;~:~~SBGs=•r Title: Secretary i:: ~ By:_s;:_-~· -~(1«:~:lt:~ Name: . .....,1 .. 1s .. a .. ~ .. levf.,..11,._ ___ _ Title: Vice President Finance Paae 2 of 13 Reauested Bv: mcahee.k. Printed: 5/16/2022 7:26 AM Order. 92017765 ACKNOWLEDGMENT State of California County of Orange On l·2'i·07 before me' _..,/{'-"'o.<t:LJ~Ul:"-r:~~-s"~rtlc•ccn s .. am":lc"'e-f~<f{"d'""'!i!!ri:=:~~c.Jl.f-e.l.~',!~,.,~u.l ;c,·~,.__, personally appeared _ _,_l.,,;o~·s.,aa...L....,, .<Hui.1t:oo .. s"'c.'-"s"'n"dL.,l,o1i,.:,q~..cNae.i1Y:i;i+t:u:. _____ _ personally known to me ~er p1awe~ le me ea !he beeie ef eelisfeelef)' e•i~eaeej to be the person(s) whose name(s) jelare subscribed to the within instrument and acknowledged to me that helal,e/they executed the same ir, lllsR1e1/their.aulhorlzed capacity(ies). and that by hio/t,e.,,their signature(s) on the instrument !he person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS my hand and official seal. Signature ..;/,,dthd)(i. o+) ~a· .. e ::.f::!~;2= t Notary Public • CallfomlO $' Ooange Counly f tvtycomm.~0ec 13,2ooeP (Seal) 9714 Paae 3 of 13 Rl!QUl!sled Bv: mcahee k, Printed: 511612022 7:26 AM Order: 92017765 9715 ACKNOWLEDGMENT State of California County of Orange On -~i--.:1=9-'-0"--'-7_before me, _,,<..,qtDihulc~,,.,l'l"--llli,_-,.,s-i.~'P-!f!&l'-,,r-l"µ"'-ilia""•"fv...,81:Ju .. b .. l11,·~c.--- (here insert ntifne and tltid of the officer) personally appeared _ _.,bo;1'5., .. .._.,LL, -"H",'""""s..,,c;.___.o.wn .. d'--'l"',u's,.. ........ w., ...... 11,.j-lt...._ ______ _ personally known to me fer pFo't'ed te me a" the basis-of satisfactory e,1ide11ee, to be the person(s) whose name(s) i9/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hiollleflthelr authorized capacity(ies), and that by hlolherlthelr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~_,,;Jr:£.~ Paae4of13 --4 KATHLEENA. MPP JG CommlSalon# 1$27412 i Nolar/ Publle • Ca_,, Orange County J Mycomm. bJ)kas 0ec 13. 2ooe( C C U C C C C C C U C W (Seal) Reouested Bv: mcahee.k, Printed: 5/16/2022 7:26 AM 01-02'68163 EXHIBIT A LEGAL DESCRIPTION The land referred to herein is situated in the State of California, county of SAN DIEGO, and is described as follows. PARCEL A, PARCEL 6 OF PARCEL MAP NO. 15187, IN THE CITY OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH RECOROER 1 S FILE NO. 88-140044 OF OFFICIAL RECORDS. CARLSBAD, THE OFFICE 28, 1988, 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 TO 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 OCCIDENTAL LAND AND DEVELOPMENT CORPORATION, RECORDED JULY 21, 1981, RECORDER'S FILE NO. 81-228252 OF OFFICIAL RECORDS. RESERVING THEREFROM NON-EXCLUSIVE EASEMENTS AS MORE PARTICULARLY DESCRIBED IN THE OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE 1, 1988, EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATION DEPARTMENT STORES, INC., A DELAWARE CORPORATION, RECORDED JUNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL RECORDS. PARCEL B, NON-EXCLUSIVE EASEMENTS ENCUMBERING PARCELS 1, 3, 5, 7, 8, 13 AND 14 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 AS FILE NO. 88-140044 OF OFFICIAL RECORDS, AS MORE PARTICULARLY DESCRIBED IN THE OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE 1, 1988; EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATED DEPARTMENT STORES, INC., A DELAWARE CORPORATION, RECORDED JUNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL RECORDS. End of Legal Description 9716 Order: 92017765 Pace 5 of 13 Reauested av: mcahee.k. Printed: 511612022 7:26 AM E1:hibit 118'' to Grant Deed I. All non-•delinquent general and special real property taxes and assessments; 9717 2, Easements, covenants, conditions, restrictions, reservations, rights-Of-way and other matters of record or disclosed by an inspection or survey of the real property; and 3. See seven (7) attached pages attached as Schedule B. {DOW LA W:OOO0J\32/V/1065/0002} Order: 92017765 Paoe 6 of 13 Rea11ested Bv: mcahee.k. Printed: 5/16/2022 7:26 AM Orrlpr· ~?0177R5 01-0268163 SCHEDULEB At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be aa follows: 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 2007-2008, A LIEN NOT YET PAYABLE. lA. GENERAL AND SPECIAL YEAR 2006-2007 INCLUDING FIRST INSTALLMENT: SECOND INSTALLMENT, LAND, IMPROVEMENTS: CODE AREA: PARCEL NO. COUNTY AND/OR CITY TAXES FOR THE PERSONAL PROPERTY TAX, IF ANY. $4,272,57 PAID $4,272.57 OPEN $321,317.00 $496,585.00 09027 214-430-18-00 FISCAL lB. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA, NONE NOW DUE AND PAYALBE. 2. EASEMENTS AND RIGHTS OF WAY FOR ROAD AND PUBLIC UTILITIES AND INCIDENTAL PURPOSES, OVER, UNDER, ALONG AND ACROSS THOSE EASEMENT PARCELS HEREIN DESCRIBED, AS CONVEYED AND RESERVED BY VARIOUS DEEDS OF RECORO. 3. THE FACT THAT THE OWNERSHIP OF SAID Ll\ND DOES NOT INCLUDE ANY RIGHT OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY CONTIGUOUS THERETO, SAID RIGHT HAVING BEEN RELINQUISHED BY DEED TO, THE STATE OF CALIFORNIA RECORDED, JULY 18, 1963 AS FILE NO. 125935 OF OFFICIAL RECOROS. SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. SAID INSTRUMENT, AMONG OTHER THINGS PROVIDES, "LANDS WHICH LIE GENERALLY NORTHWESTERLY AND SOUTHWESTERLY OF SAID PARCEL 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. 11 PAGE l OF 7 9718 P~nP 7 nf 1.1 R""""-~tp,1 Rv· mr.nhPp k Print .. n· 511 Fll?fl?? 7 ?f'I AM Order: 92017765 DEDICATED BY PARCEL MAP NO. : FOR: AFFECTS: 13. AN EASEMENT PURPOSES STATED DEDICATED BY PARCEL MAP NO. : FOR: AFFECTS: 14. AN EASEMENT PURPOSES STATED DEDICATED BY PARCEL MAP NO. : FOR: AFFECTS: 15. AN EASEMENT PURPOSES STATED DEDICATED BY PARCEL MAP NO. : FOR: AFFECTS: 01-0268163 15187 DRAINAGE AS SHOWN ON SAID MAP AFFECTING THE PORTION OF SAID LAND AND FOR HEREIN AND INCIDENTAL PURPOSES, SHOWN 15187 WATER AS SHOWN ON SAID MAP AFFECTING THE PORTION OF SAID LAND AND FOR HEREIN AND INCIDENTAL PURPOSES, SHOWN 15187 TRAFFIC SIGNAL MAINTENANCE AS SHOWN ON SAID MAP THE OR THE OR AFFECTING THE PORTION OF HEREIN AND INCIDENTAL SAID LAND AND FOR THE PURPOSES, SHOWN OR 15187 CLEAR SPACE AS SHOWN ON SAID MAP SAID INSTRUMENT, AMONG OTHER THINGS PROVIDES: A. GRANTOR 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. GRANTOR COVENANTS AND AGREES 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 LAND WITHIN THE CLEAR SPACE EASEMENT AND DOES NOT AUTHORIZE OR IMPLY THAT THE AREA MAY BE USED BY THE GENERAL PUBLIC. 16. PROVISIONS OF THE DEDICATION STATEMENT ON THE MAP OF THE TRACT SHOWN BELOW WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME PARCEL MAP NO.: 15187 STREET AFFECTED: AVENIDA ENCINAS ADJACENT TO LOTS, 1, 2 8, 10, 11, 12, 13 AND 14 EXCEPT ACCESS OPENINGS 1, 2 1 3 AND 4 ABUTTING SAID LAND PAGE 4 OF 7 9721 Paae10of13 Reauested Bv: mcohee.k. Printed: 5116/2022 7:26 AM .. Order: 92017765 REGARDING: RECORDED: INC., A DELAWARE CORPORATION OPERATION AND RECIPROCAL EASEMENT JUNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL RECORDS 01-0268163 A. THE FIRST AMENDMENT AND RESTATEMENT OF OPERATION AND RECIPROCAL EASEMENT AGREEMENT BETWEEN POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND RALPHS GROCERY COMPANY, A DELAWARE CORPORATION, AND PAY LESS DRUG STORES NORTHWEST, INC., A MARYLAND CORPORATION, WAS RECORDED DECEMBER 30, 1988 AS FILE NO. 88-674762 OF OFFICIAL RECORDS. ' REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. B. SECONDARY OPERATING AGREEMENT BETWEEN POINSETTIA ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP, AND POINSETTIA VILLAGE, L.P., A CALIFORNIA LIMITED PARTNERSHIP, AS RECORDED MARCH 27, 1989 AS FILE NO, 89-154614 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 23. RIGHTS, EASEMENTS AND PRIVILEGES AS CREATED UNDER THAT CERTAIN OPERATION AND RECIPROCAL AGREEMENT IN FAVOR OF FEDERATED DEPARTMENT STORES, INC., A DELAWARE CORPORATION, RECORDED ~UNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL·RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 24. AN PURPOSES IN FAVOR FOR: RECORDED: AFFECTS: EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE STATED HEREIN AND INCIDENTAL PURPOSES OF: CARLSBAD MUNICIPAL WATER DISTRICT THE CONSTRUCTION, OPERATING, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN, AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD _WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUND DECEMBER 21, 1989 AS FILE NO. 89·691852 OF OFFICIAL RECORDS AS SET FORTH IN SAID DOCUMENT 25. A CERTIFICATE OF CORRECTION PURSUANT TO SECTION 66469 OF THE SUBDIVISION MAP ACT, RECORDED MARCH 8, 1991 AS FILE NO. 1991·0104869 OF OFFICIAL RECORDS. PAGE 6 OF 7 9723 Paoe12of13 ReQuested Bv: mcahee.k, Printed: 5/1612022 7:26 AM n,,1,.,-Q?n1 77F."' 01-0268163 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 26. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT 9724 RECORDED SEPTEMBER 14, 2005 AS FILE NO. 2005-0791803 OF OFFICIAL RECORDS BUT OMITTING ANY COVENANT, CONDITIONS AND RESTRICTION, IF ANY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, SEXUAL ORIENTATION, MARITAL STATUS, ANCESTRY, DISABILITY OR SOURCE OF INCOME UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITIONS AND RESTRICTION (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. NOTE, SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING, IF THIS DOCUMENT CONTAINS ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID. ANY PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE COUNTY RECORDER REMOVE THE RESTRICTIVE LANGUAGE PURSUANT TO SUBDIVISION (C) OF SECTION 12956.l OF THE GOVERNMENT CODE. 27. ANY RIGHT OR INTEREST OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF UNRECORDED LEASE, LEASES, OR TENANT AGREEMENTS. KINDLY FORWARD A COPY OF A CERTIFIED CURRENT RENT ROLL FOR DISCLOSURE OF INDIVIDUAL PARTIES. PAGE 7 OF 7 p~,, .. 1'1. nf 1'1. Order: 92017765 IN FAVOR OF, FOR, RECORDED, AFFECTS, SAN DIEGO GAS AND ELECTRIC COMPANY UNDERGROUND UTILITIES AUGUST 6, 1984 AS FILE NO. 84·297511 OF OFFICIAL RECORDS AS FOLLOWS: 01-0268163 A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE THREE (3) FEET, MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE JUNE 30, 1985. LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD. 9·. AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: TO WHICH REFERENCE IS HEREBY MADE FOR FULL AUGUST 26, 1986 POINSETTIA ASSOCIATES AND THE CITY OF CARLSBAD HOLD HARMLESS AGREEMENT (DRAINAGE) DECEMBER 17, 1986 AS FILE NO. 86-593787 OF OFFICIAL RECORDS 10. AN EASEMENT PURPOSES STATED IN FAVOR OF: AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES FOR: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY UNDERGROUND UTILITIES OCTOBER 20, 1987 AS FILE NO. 87-590531 OF OFFICIAL RECORDS AS FOLLOWS: A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINE SHALL BE THREE (3) FEET, MEASURED AT RIGHT WHICH SIDELINE SHALL BE THREE (3) FEET, MEASURED AT RIGHT ANGLES, ON £ACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE AUGUST 31, 1989. LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD. 11. AN EASEMENT PURPOSES STATED DEDICATED BY PARCEL MAP NO. : FOR: AFFECTS: AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES, SHOWN OR 15187 PUBLIC UTILITY AND GENERAL ACCESS AS SHOWN AND DELINEATED ON SAID MAP AS PUBLIC UTILITY AND GENERAL ACCESS EASEMENT 12. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES, SHOWN OR PAGE 3 OF 7 9720 Paae9of13 Reouested Bv: mcahee.k. Printed: 511612022 7:26 AM ( This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted.Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon. I ' ,. . ARII~Y! Seeton section Section seat1on section Section Section Section Section section Bect:ion section section Section section Section section section Section section Section ARTICLE Section section Section Section Section Section Section ARTICLE section Section I 1, 1 1, 2 1.3 1 .• 1,5 ,.. 1,7 1,8 1,9 1.10 1, 11. 1,12 1.13 l, 14 l,15 1.16 1.17 l,18 1. 19 1.20 1,21 n 2, 1 2,2 2,3 2,4 ••• 2,6 2, 7 III 3,1 3.2 AATICLB IV section t, l Seritlon 4,2 section 4.3 MTIC[.1 V section 5, l Section 5,2 Section 5 .3 Section 5,4 section 5,5 section 5. 6 section 5,7 Section 5,8 6304a/o,-2s-ea Non-O,..., s.,.rct, Oo<: S0:19ee 002G71S. 'l'J\BLE or CQNTBNTS D!f IbfITIQNS eUldlng Acea Building Elevations Casualty Cormnenoement Date corr.man Area common Expenae(s) Desiltation Agreement Effective Date Floor: Area Managing Owner Market Official Records OWnet(s) Patcel(a) Parcel Map Primary common Area Project Architect Pro-aata share Site Plan Term Additional covenants INSURANCE Federated·• Fire Insurance Federated' s Liability lnsuraru:e Owner's Fire Insurance OWner'a Liability Insurance Failure to Obtain In•urance Connon Area Insurance Waivet of SubL'ogation; Self- Insurance; Blanket Pol1ciH; certificates; No cancellation or Reduction Without Notice JNI>P>tNIFICATION Each Owner ' ■ Indemnity Managing Owner:' e: Indemnity TAXES ANI> A,§SBS§MENTS Taxes and Aaaessmenta on the Federated Property Sita Work and Other Related AS8e&S'll8nts cont&lilts SHOPPING CENTER OPERATIONS Am> IU!STIUC'UON§ i:revelopcnent and Operation ot Shopping center Use of Market Use ot Shopping center Use Restrictions Building Restrictions Sign Plan Operation in Conformity to Law and Agreements; Leases; and Nuisance Building Maintenance 1. ~ 2 2 3 3 3 3 3 • • • • • 5 ' 7 7 7 8 8 8 • • • • 10 10 11 1' 12 u " u " 16 16 16 16 16 16 18 19 20 21 .. •• ., Pago 2 ofG8 Rooqu.,.!od lfy mcgh ... k, Prtnlad: 511612022 9·22 i.M •• --· ~-··------- ,-, ... ,a9 -1\1\TI~ v, Srfflton of Conmon Area 26 Sect Oh 6,1 26 section 6.2 O■e o COlm\On Area and Drug Store Garden center Area 27 Section 6,3 Charge for Parking 30 section ••• common Area Operation and Maintenance 30 section 6.~ ••r,:ent of Cormton Expenses 31 Section ••• Ut liti•• in CORIIIIOR Area 37 Section 6.7 Self-Help by Federated 37 sectiot. ••• Take-Over of Maintenance by Federated 3B AR'rICLB VII ~UALTY AND RECONSTRUCTION 39 section 7,1 Damage to Building 39 section 7 ,2 Damage to Coamon Area •• section 7 ,3 Further Limitations on Reconstruction ., AR'l'ICLB VIII EASEMENTS FOR U'l'ILitIBS1 WORK Mm PERMANENT A~SS ROAD u Section 8.1 Grant of utiHtraaementa 41 section 8,2 Encroachment Basefflents •• section 8,3 Basements to Perform Work •• Section 8 .• Permanent Access Easement .. Section 8 .• Sign Baaement .. Section 8.6 Recordati~n of Easements 43 ARTICLE IX GRANT OF RECIPROCAL EASEMENTS 43 ARTICLE X ~RCEMENT OF AGREEMENT i •• R T TO CURE DB!'AULT orcement of Agreement section 10. l .. section 10.2 Riqht to cure Default .. section 10 ,3 Enforcement Procedures .. ARTICLE XI El<INENT ~IN 46 section 11, l Distributon of Avard •• seat.ion 11,2 Raaonstruction •• ARTICLE XU MORTGAGEE PROT~'l'ION '7 section 12. l Right to Encumber '7 Seat:ion 12. :a Default '7 1\RTICLE XIII RUR WI TH LAND j SUCC!SSO:RS AND AS91GRs -47 t,RTICLE XIV SERVICE OF NOTICES 47 section 14,1 Manner of service and Addresses 47 AR'UCLE xv ~1 te cumulative 49 Section 15,l <9 Section 15,2 De ay Not Waiver •• sea-eion 15,3 Modification only by Writing 49 Section 15,4 Construction of Language of AgC'eement; Governinq Law 50 Section 15.5 Estoppal certificate ,. Section 15 ,6 owners' Obligations ,1 section 15,7 Approval• Not to be Unreasonably 51 Withheld Section l!L8 Entire Agreement 51 section 15,9 Time of Esaenoe; Extensions ,1 Sectior8 15,10 Other DocUJA1111ts 51 section 15.11 Exhibits "1 section l!L 12 No 'l'Ormination Upon Default ,1 6304a/0!5-26-88 I!. Non-Order S911.rCh P■ye3of68 R•quHhld Bt, mcghee.lc, Printad: 511812022 9:22 AM Doc: SD:1988 002671&4 3250 amendments to the Operating Agreement which embody additional non-competition covenants provided that (i) such covenants do not conflict with any written leases or similar agreements executed by such Owners with third parties prior to the date on which PA (or its successors) presents such Owners with the amendment in question and (ii) the Office Parcel shall not be bound by any such future covenants which would restrict the use of the Office Parcel for commercial office purposes which comply with the zoning restrictions for the Office Parcel. G. Pursuant to Paragraph 14 of the Operating Agreement, the Operating Agreement may be amended in a writing signed by Owners whose aggregate Allocated Share percentage exceeds fifty percent (50%) of the total of the Allocated Shares of all Owners, subject to the provisos contained therein. H. The aggregate Allocated Share percentages of the parties hereto exceeds fifty percent (50%) of the total of the Allocated Shares of all Owners of the parcels subject to the Operating Agreement. I. On the terms and subject to the conditions set forth herein, the parties hereto desire to amend the Operating Agreement to add certain additional non-competition covenants to Paragraph 4 of the Operating Agreement and eliminate certain existing non-competition covenants from the Operating Agreement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: I. Amendments. (a) Paragraph 4 of the Operating Agreement is hereby amended by adding the restrictive covenants set forth in clauses (i) through (xxvii) below (collectively, the "Additional Covenants"), which shall bind the Office Parcel and the Other Parcels (collectively, the "Subject Parcels") and shall inure to the benefit of the Owner(s) of Parcels 2, 4 and 10 through 12 inclusive of the Shopping Center Subdivision; provided, that such restrictive covenants shall not bind the use of the Office Parcel for commercial office purposes which comply with the zoning restrictions for the Office Parcel. (i) For so long as Chevron or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a gasoline station and/or convenience store on the Shopping Center Parcel, the Subject Parcels shall not be used for the operation of a gasoline station, convenience store or car wash. (ii) For so long as Pelly's Fish Market or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a restaurant or sells fish, seafood or seafood deli items on the Shopping Center Parcel (except for closures for reasonable periods of time for remodeling (not to exceed 60 days in any 12 month period), closures due to rebuilding and repair after casualty and closures due to force majeure which prevent such occupant from operating its business in its premises on the Shopping Center Parcel), the Subject Parcels shall not be used for the operation of a business that primarily sells fresh fish, seafood and/or seafood deli items. 2 DOC SOC/ 12,40 l 4vl 2/0 I 9827-0 I !!9 Order. 92017765 P~ge 2 of 14 Requested By: mcghee.k, Printed. 5116/2022 7:27 AM Dec. SD:2008 0034!l503 3251' (iii) For so long as Health Within Chiropractic or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a chiropractic office on the Shopping Center Parcel, the Subject Parcels shall not be used for the operation of a chiropractic office. (iv) For SO long as Primo Pizza or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates an Italian deli serving pizza, pasta and other related Italian food items on the Shopping Center Parcel, the Subject Parcels shall not be used for the operation of an Italian deli or restaurant serving pizza, pasta or any other related Italian food items for sit-down or takeout. (v) For so long as California Cuts or its successors, assigns or sublessces, pursuant to a valid written lease or as fee owner, operates a haircutting salon on the Shopping Center Parcel, the Subject Parcels shall not be used for the operation of a fixed price haircutting salon. (vi) For so long as North Island Financial or its successors, assigns or sublessees, pursuant to a valid written lease or as Fee owner, operates a financial institution on the Shopping Center Parcel, the Subject Parcels shall not be used for the operation of a financial institution. (vii) For so long as Sunny Fresh Cleaners or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a cleaning and laundry plant on the Shopping Center Parcel, the Subject Parcels shall not be used for the operation of a cleaning or laundry plant. (viii) For so long as Pacific Bell Wireless, LLC or its successors, assigns or sublessees, pursuant to a valid written lease or as Fee owner, operates a wireless communication tower on the Shopping Center Parcel, the Subject Parcels shall not be used for a wireless communication tower. (ix) For so long as Earth Salon & Spa or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a full service hair styling salon and spa providing manicures, pedicures, facials, skin and body care, hair care and beauty supplies on the Shopping Center Parcel (except for closures for reasonable periods oFtime for remodeling (not to exceed 60 days in any 12 month period), closures due to rebuilding and repair af\er casualty and closures due to force majeure which prevent such occupant from operating its business in its premises on the Shopping Center Parcel), the Subject Parcels shall not be used for the operation of a foll service hair styling salon and/or spa providing manicures, pedicures, facials, skin and body care, hair care or beauty supplies. (x.) For so long as Tara Tailor or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, provides tailoring and alteration services for clothing on the Shopping Center Parcel, the Subject Parcels shall not be used for the operation of a business offering tailoring and alteration services for clothing, the retail sale of items directly related to such services, or the rental of tux apparel. (xi) For so long as UPS Store or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a store primarily offering postal services, metered mail, mailbox rental, parcel shipping, packaging services and supplies, key duplication, 3 DOCSOCI I 2~40 I 4v 12/0 I 9827-0159 Order: 92017765 Page 3 of 14 Requested By: mcghee.k, Printed· 5116/2022 7:27 AM Doc SD:2008 00349503 3252 printing and copying services, passport photos, electronic filing of tax returns, Western Union, notary services and/or facsimile services on the Shopping Center Parcel (except for closures for reasonable periods of time for remodeling (not to exceed 60 days in any 12 month period), closures due to rebuilding and repair after casualty and closures due to force majeure which prevent such occupant from operating its business in its premises on the Shopping Center Parcel), the Subject Parcels shall not be used for the operation of a business which provides as its primary business (a) mailbox rentals, (b) parcel packing and shipping supplies and services, and/or (c) copy services. (xii) For so long as Solid Rock Jewelers or its successors, assigns or sub\essees, pursuant to a valid written lease or as fee owner, sells or repairs jewelry on the Shopping Center Parcel, the Subject Parcels shall not be used for the retail sale or repair of jewelry. (xiii) For so long as Nail Design or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a nail salon on the Shopping Center Parcel, the Subject Parcels shall not be used for the operation of a nail salon or for the sale of facials. (xiv) For so long as Poinsettia Village Dentistry or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a general dental office on the Shopping Center Parcel, the Subject Parcels shall not be used for the operation of a general dental office. (xv) For so long as Poinsettia Vision Center or its successors, assigns or sublessecs, pursuant to a valid written lease or as fee owner, conducts optometric and ophthalmic examinations and services or sells optometric-related merchandise on the Shopping Center Parcel, the Subject Parcels shall not be used to conduct optometric and ophthalmic examinations and services or for the retail sale of optometric•related merchandise. (xvi) For so long as Prudential California Realty, Pickford Realty or their respective successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a real estate office including escrow and mortgage brokerage services on the Shopping Center Parcel, the Subject Parcels shall not be used for the operation of a real estate office or a business providing escrow and mortgage brokerage services. (xvii) For so long as Starbucks Coffee or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a coffee shop on the Shopping Center Parcel, the Subject Parcels shall not be used for the operation of business for the sale of (a) whole or freshly ground coffee beans, (b) gourmet brand identified brewed coffee, (c) espresso or espresso•based hot coffee drinks, and (d) blended beverages, including without limitation, those containing the following: ice, coffee, espresso, or tea. The foregoing shall not apply to premises containing more than 12,000 square feet of floor area, or a sit down restaurants serving a complete breakfast. lunch or dinner menu. Provided further, that tenants may sell non•gourmet brand identified brewed coffee as an incidental portion of their business, provided the sale of such brewed coffee does not exceed ten (10%) percent of such tenant's aggregate gross sales. Tenants whose primary business is sale of bagels and related items and tenants whose primary business is a bakery or the selling baked goods, may sell non.gourmet brand identified brewed coffee, excluding cappuccino and espresso based drinks, providing the sale of such brewed coffee does not exceed twenty (20%) percent of such tenant's aggregate gross sales and further provided, that such bagel store or bakery does not advertise the sale of brand identified coffee. In addition, and notwithstanding the foregoing, tenants whose primary business is sale of smoothies and/or juiced• 4 DOCSOC/ 12,4014v 12/019827-01,9 Order: 92017765 Page 4 of 14 Requested By· mcghee.k, Printed: 5/1612022 7:27 AM Ooc. SD:2008 00349503 3253 based drink (such as, without limitation, Jamba Juice and Juice It Up) shall have the right to sell smoothies and juice-based drinks provided, however, smoothies and/or juice-based drinks which contain coffee shall not exceed ten (I 0%) percent of such tenant's aggregate gross sales per annum. (xviii) For so long as Pick Up Stix #7224 or its successors, assigns or sublcssees, pursuant to a valid written lease or as fee owner, sells "Chinese Food" on the Shopping Center Parcel (except for closures not exceeding 90 days, closures for reasonable periods of time for remodeling, closures due to rebuilding and repair after casualty and closures due to force majeun: which prevent or materially impair such occupant from operating its business in its premises on the Shopping Center Parcel), the Subject Parcels shall not be used for the operation of a restaurant which primarily sells "Chinese Food", As used herein, "Chinese Food" shall not mean Japanese, Hawaiian, Cajun, Thai, Vietnamese or Korean food, but shall be deemed to mean Chinese or Mongolian food. (xix.) For so long as Frazee Paint and Wallcovering or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a paint and wallcovering store on the Shopping Center Parcel (except for closures not exceeding 60 days, closures for remodeling and closures due to damage, destruction and force majeure), the Subject Parcels shall not be used for the operation of a paint and wallcovering store. (xx) For so long as Flowers Forever or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, sells flowers, flower arrangements and/or gifts related thereto on the Shopping Center Parcel, the Subject Parcels shall not be used for the retail sale off1owers, flower arrangements and/or gifts. (xxi) For so long as Roger M. Adams Insurance Agency or State Fann Insurance or any of their respective successors, assigns or sublessees, pursuant to a \'alid written lease or as fee owner, operates an insurance sales and service office on the Shopping Center Parcel, the Subject Parcels shall not be used for the operation of an insurance sales and service office. (xxii) For so long as Golden Spoon or its successors, assigns or sublessces, pursuant to a valid written lease or as fee owner, operates a frozen yogurt restaurant on the Shopping Center Parcel (except for closures for reasonable periods of time for remodeling (not to exceed 60 days in any 12 month period), closures due to rebuilding and repair after casualty and closures due to force majeure which prevent such occupant from operating its business in its premises on the Shopping Center Parcel), the Subject Parcels shall not be used for the operation of a business that primarily sells frozen yogurt or other frozen desserts. (xxiii) For so long as Karen's Custom Grooming or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a pet grooming store on the Shopping Center Parcel, the Subject Parcels shall not be used for the operation of a pet grooming store or for the retail sale of pet products. (xxiv) For so Jong as Verizon Wireless or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a store selling cellular phones on the Shopping Center Parcel (except for closures for reasonable periods of time for remodeling (not to exceed 10 days in any 60 month period), closures due to rebuilding and repair after casualty and closures due to force majeure which prevent such occupant from operating its business in its premises on the Shopping Center Parcel), the Subject Parcels shall not be used for the operation of a store selling cellular phones. 5 OOCSOC/1254014v12/019827-0159 Order: 92017765 Page 5 of 14 Requested By: mcghee.k, Printed: 5/16/2022 7.27 AM Doc: SD:2008 00349503 3254 (xxv) For so long as Regal Flooring Center or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a retail sales showroom which sells carpeting, tile, vinyl flooring, or related flooring surfaces and/or window blinds and shutters on the Shopping Center Parcel, the Subject Parcels shall not be used for the retail sale of carpeting, tile, vinyl flooring, other flooring surfaces, window blinds and/or shutters. (xxvi) For so long as Enhanced Health & Fitness or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a fitness studio offering pilates and yoga classes and the sale of related items including but not limited to, videos, balls, foam rollers, and fitness apparel on the Shopping Center Parcel, the Subject Parcels shall not be used for the operation of a fitness studio offering pilates and yoga classes and/or the sale of related items including but not limited to, videos, balls, foam rollers, and fitness apparel. (xxvii) For so long as Allstar Staffing or its successors, assigns or sublessees, pursuant to a valid written lease or as fee owner, operates a staffing office on the Shopping Center Parcel, the Subject Parcels shall not be used for the operation of a medical staffing office. (b) Paragraph 4 of the Operating Agreement is hereby amended by deleting subparagraphs (d), (<), (I), (g) and (h) thon:of, 2. No Conflict. MLIC and Other Owners acknowledge and agree that the Additional Covenants do not conflict with any written leases or similar agreements in existence on the date of this Amendment. 3. Enforcemen1, The Owners of Parcels 2, 4 and 10 through 12 inclusive of the Shopping Center Subdivision shall have the sole right to enforce, by proceedings at law or in equity, all covenants now or hereafter imposed or created by the provisions of this Amendment, including the right to recover damages for, or restrain by injunction, any violation or threatened violation by another Owner of any of the covenants in this Amendment, or to obtain a decree to compel performance of any such covenants, it being agreed that the remedy at law for a breach of any such restrictions, conditions and covenants (except those, if any, requiring the payment of a liquidated sum) is not adequate. All of the remedies pennitted or available to an Owner under this Amendment or at law or in equity shall be cumulative and not alternative, and the invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. If an Owner brings an action at law or in equity to enforce the tenns and provisions of this Amendment, the prevailing party as determined by the court in such action shall be entitled to recover actual attorneys' fees, costs and expenses (including any actual expert fees and court costs) for all stages of litigation, including but not limited to, post•judgment, collection and appellate proceedings, in addition to, any remedy granted. 4. Recordation. This Amendment shall be recorded in the Official Records of San Diego County, California. 5. Duration. This Amendment shall become effective as of the date of recordation and shall remain effective in perpetuity. 6. Modification. This Amendment may be amended only as provided in Paragraph 14 of the Operating Agreement. 6 OOCSOC/1254014v 12/019827--01.59 Order: 92017765 Page 6 of 14 Requested By· mcghee.k, Printed: 511612022 7:27 AM Doc: SD:2008 00349503 3255 7. Binding Effect, The terms of this Amendment shall constitute covenants running with the land within the meaning of California Civil Code Section 1460 and shall inure to the benefit of and be binding upon the parties herein and their respective successors and assigns. All of the provisions of this Amendment shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law. 8. No Wajver. The failure by any Owner to enforce any covenant, condition or restriction herein contained shall not be deemed a waiver of such right on any such future breach of the same or any other covenant, condition or restriction contained herein. 9. Intended Beneficiaries. Except as herein specifically provided, no rights, privileges, or immunities of any Owner shall inure to the benefit of any third party person, nor shall any third party person be deemed to be a beneficiary of any of the provisions contained herein. 7 DOC SOC/ 12540 I 4v 12/019827-0 I S9 Order· 92017765 Page 7 of 14 Requested By: m~ghee.k, Printed: 5116/2022 7·27 AM Doc: s0·2ooe 00349503 3256 IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above. SIGNATURE PAGE TO FIRST AMENDMENT TO SECONDARY OPERATING AGREEMENT DOCSOC/1 H4014v\2/0\ 9827--0l '9 Order. 92017765 Doc. SD:2000 00349503 DSRG: Donahue Schriber Realty Group, L.P., a Delaware limited partnership By: Donahue Schriber Realty Group, Inc,, a Maryland corporation, as General Partner ay,--0-.,. ~a.a.....~ Name: --->N"ff"ct"'1e"'i"&"'B"a"b"C"'oclc"'°---Title _ _,_.,..,.,..,,,.,........,...., __ _ E>cecuttva Vice Prestdent By: __________ _ Name: __________ _ Title ___________ _ Page 8 of 14 Requested By: mcghee.k, Printed: 5/16/2022 7:27 AM SIGNATURE PAGE TO 3257 FIRST AMENDMENT TO SECONDARY OPERATING AGREEMENT DOCSOC/12540 I 4vl 0/019827-0119 Order'. 92017765 Doc: SD:2008 00349503 MLIC: MITCHELL LAND AND IMPROVEMENT CO •• a ~;lifom}?~,ration By~l Name: 1)Mo"'01y M. W,1-S•cJ Title: El/ P I Sli:C., • Page 8 of 14 Requested By· mcghee.k, Printed: 5/1612022 7.27 AM PARCEL A EXHlRIT A SHOPPING CENTER PARCEL 8260 PARCELS 2, 4 AND 9 THROUGH 12 INCLUSIVE OF PARCEL MAP NO. I 5187, 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. EXCEPTING THEREFROM ALL MINERAL RIGHTS NOT HERETOFORE OTHER WISE 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 OCCIDENTAL LAND AND DEVELOPMENT CORPORATION, RECORDED JULY 21, 198 I, RECORDER'S FILE NO. 81-228252. RESERVING THEREFROM NON-EXCLUSIVE EASEMENTS AS MORE PARTICULARLY DESCRIBED IN THE OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE I, 1988, EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATED DEPARTMENT STORES, INC., A DELAWARE CORPORATION, RECORDED JUNE 6, 1988 AS FILE NO. 88-267 I 94. PARCEL B NON-EXCLUSIVE EASEMENTS ENCUMBERING PARCELS 3, 5 AND 8 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 AS FILE NO. 88-140044, AS MORE PARTICULARLY DESCRIBED IN THE OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE I, 1988, EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATED DEPARTMENT STORES, INC., A DELAWARE CORPORATION, RECORDED JUNE 6, 1988 AS FILE NO. 88-267194. A-1 OOCSOC/12,4014v12/019827.0159 Order; 92017765 Page 12 of 14 Requested By: mcghee.k, Printed. 5/16/2022 7:27 AM Doc: SD·200B 00349503 3261 EXHIBIT B OFFICE PARCEL THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 8 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. 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 S00 FEET OF THE SUBSURFACE OF THE REAL PROPERTY HEREIN CONVEYED AS RESERVED BY OCCIDENTAL LAND, INC., WHO ACQUIRED TITLE AS OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT CORPORATION, RECORDED JULY 21, 1981, RECORDER'S FILE NO. 81-2282S2. RESERVING THEREFROM NON-EXCLUSIVE EASEMENTS AS, MORE PARTICULARLY DESCRIBED IN THE OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE !, 1988, EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP AND FEDERATED DEPARTMENT STORES, INC., A DELAWARE CORPORATION, RECORDED JUNE 6, 1988, AS FILE NO. 88-267194. PARCELB: NON-EXCLUSIVE EASEMENTS ENCUMBERING PARCELS I THROUGH 7 INCLUSIVE, AND PARCELS 9 THROUGH 14 INCLUSIVE, 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, AS FILE NO. 88-140044, AS MORE PARTICULARLY DESCRIBED IN THE OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE I, 1988, EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP AND FEDERAL DEPARTMENT STORES, INC., A DELAWARE CORPORATION RECORDED JUNE 6, 1988, AS FILE NO. 88-267194. B-1 DOCSOCll 2,4014v 12/019827.01 ,9 Order: 92017765 Page 13 of 14 Requested By: meghee.k, Printed: 5/1612022 7:27 AM Doc. SD:2008 00349503 -~ 1515 would leave • Parcel landlockad or without utility senice or adequate access or parkin91 would violate then applicable la~a, ordinances, rulea, ra9uletiona or order• of ;overnmantal authority; or in • aituation where it would b9 impossible or impractical to develop or operate the Parcel in a manner required to make beneHciel use of the improvements thereoni and (ii) In the event of a deadlock amonQ the Owner■ with respect to the i.Sesinbility or manner of the tumination of this A;reement 11-:ter the end of the Term, or following 1 partial condemnation of the Shoppin; Center or an unin ■ured Casualty, 1 Court of competent jurisdiction may make orden bindin; upon the 0Wnan1 to resolve the deadlock ~nd permit the termination of tnis Agreement in a manner equitable to all Owners. Section 15,i Con1l:ructioa ot' Laoguaaa of AartkmtDl:l G.Q..uroina Law. 'l'his A!ilreement ahall be construed according to its fair meanin9 and not strictly for ot e9ainst Developer, Ralphs, l>ay Less, Man1'ilin9 Owner or any other OwneI, This Agreement &hall be 90.,ernad by, and construet'I in accordance with, the laws of the State of California. Su;Hon 15, s h.1 JPel Certificate, Each owner shall, upon written request from any other owner, which request 1hall quote this section, ezecute to the reque&>tino owner • written statement certifying, to the best of its knowledge, whethlll!r or not this Agreement is modified and whether or not this Agc-eement is in tull force and effect (or, if there hive been modifications, stating those modifications), and whather or not, to its knowledge, any owner has tailed to perform 1n obli'ilation under this Agreement, and if ao, the n1ture of the failure. Such 3 statement m1y be relied upon by an owner or 1ny transferee, mort919ee or encumbuncer without knowledge to the contrary, but the OW'ner ezecutin9 the etntement ahall not be liable for any erroneous or incompletl!I information cont1ined therein, A statement hereunder mDy be requested by 1ny Owner 58. O373e/l2-20-88 -15 Non-Order Soarell Pogo 62 ol'76 Roq..-sto~ By. rncgr.,1 k, Pmlo~ ~161202211;211J,II Doc SD:1S88 0067,762 Ct 275 a construction contra(";t with the lowest responsible bidder a~proved by Group VI and Smith/Jewett {after giving the construction division of Sammis PropertiP.s reasonablP. opportunity to biC and to meet the lowest bid of any third parties also bidding) for the construction of the Basin oursunnt to thP. approved Plans. Unless such construction is to be performed by the cnnstruction division of Sammis Properties, the controctnr shall post a performance and payment bond before commPncinq work. ThP parties shall use their best efforts to complete the Plans and construction of the Basin A$ soon as reasonablv possible and ir. accordance with thP time Tf':quiri=iments osF Smith/,iPwPtt:. ThP. pflrties ant~cioate cor.struction c~ thP :Rl'lsin t:I" bl'!' ecmp1etPd by April 1, 1984. 1.5. Until su~h time, if ever, that nn nRRAssment dist:riet ii'; J:ormP.d for. such purpc,5e,e;, Group VI and Smit-.h/,Tewett: f'lhtil1 bA loir.t.lv responf'lible for thP. n,aint.enance and rP.pcl:ir of thP P.niain in order to keP.p such AaF-i!1 in 0n~rab1e anrl workiriq conrliti.nn as ri:>quired by the City of C<'trlsbad, Cnunty of San DiP-qo, State of Califcrnia, Californi<1. Cci"t~tal Ccmmission or anv ot-h,.l"' governmerital ngency or body. Group VI, Associ~tes <1.nd Smith/,1ewett agn~r t.l"J enter into ,rny mi'!intenance ;i_greement with the City of Carlsbad, if required by the Citv, in con~unction with the development of thP. SP.abluff Property, the Smith 'PropPrty, the Jewet:t Prop~rty nr thP Smith/,TAWP.tt Prnt'>Pl"'ty. Sublect to Sroith/Jewett's rights a~ set forth i~ paragraph 1.9, and Smith/Jewett sharinq the costs and expenses of such r~p~ir. ana ma.i.ntP.nance pursuant to pcir(l.graph 1.6, Group VI shall -.5- • Non-Order Search Page 5of38 RS<juestad By: mcghee.k, Print8d: 5116/2022 9:22 AM Doc: SD:1984 00045340 oc 279 PropP.rty, excP.pt on t.hP Access Road or in the arP.<1 whPrl'.' th,,. Basin is to be construet~d. 1.9. Subject tn t.l"'rms nf any mainten;mC"P. RqrePment Jater entere<l into with the Citv of CRr1 sbad which shall RUpP.r~RclP thP provisions of this paragraph 1,9, the parties agree that oth~r than Smith/Jewett'R right to use the Basin for dr~inaqe purpose!': only, Smith/.Jewett shall have no vested or possesi;orv intP.rest!'l in the Seabluff PropP.rtv or the Rn.sin, exc!"pt that in t.hP ever.t Group VI fails to maintain the Basin in a usable and operable c0nditi0n, then Smith/,TewPtt m1w, after r.easonable notice t.o Group VI of each such failure, enter the Seabluff Prooertv ~nd perform such r.ecessary acts to maintain or repair the R~sin. II. TRAFFIC IMPROVEMENTS 2. 1. Group VI, Assc~.ia·..:es and Srni th/,1.<!wett agree a fl follow~: (a) In the event thP. City of Carlsbad, Cnuntv of ~~n Diego, State of C~lifornia, California Coastal Commission or any other governmental aqencv or body requires th~t additionr.11 roade:. or traffic imprnvP.menti:; are rPquired nn th"' Seabluff Property then Group VI, Asi:;ociates or thP. thPn owners of the seabluff ProPertv, sh.,.,11 h,-solelv r,:,,~poni:;i.h1e for the costs and expPnses of such roads aT'!d imcrov~mer.t.s; (bl Jn the evP.nt the Cjty of CarlsbRd, Countv of San Diego, State of California, CaliforniA Coastal Commission or any other gov~rnmental aq~ncy or bodv requires ~~Y -8- • Non-Order Se~rch Pl.lge9 of 38 Requested By. mcghee.k, Printed 5116/2022 9.22 AM Doc SD 1984 00045340