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HomeMy WebLinkAboutCUP 2022-0005; YMCA GYMNASTICS; Conditional Use Permit (CUP)(city of Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602--4610 www.carlsbadca.1ov PROJECT NAME: __ Y_M_C_A_G_ym_na_s_ti_cs __________________ _ Lauren Hall -YMCA of San Diego County APPLICANT NAME: ______________________ _ Please describe fully the proposed project by application type. Include any details necessary to adequataly explain the scope and/or operation of the proposed project. You may also include any background infonnation and supPortlng statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet W necassery. Description/Explanation: P-1(8) Relocation of YMCA Gymnastics from 6100 Avenida Encinas to new location at 2261 Cosmos Court, Car1sbad. Requesting Minor Conditional Use Permit for the proposed use at the subject location as allowed by the underlying P-M zoning district. Please see attached Project Description and Overview, incorporated herein by reference. Paga 1 of 1 Revised 07/10 YMCA of SAN DIEGO COUNlY Application for Minor Conditional Use Permit Project Description and OVervlew PROJECT DESCRIPTION: FOR YOUTH DEVELOPMENT C RIR HEAl.11tY LMN6 RIR SOCIAL RESPON5IBILITY This application is for a Minor Conditional Use Permit (CUP) located at 2261 Cosmos Court, Carlsbad, CA 92011 and represents a relocation of this existing use from 6100 Avenida Encinas in Carlsbad due to a significant rent increase and the opportunity to operate in a sole-use facility. The YMCA's proposed Gymnastics facility will be In 27,272 leasable square feet in a stand-alone building within the P-M Zone. See Site Plan attached to this Minor CUP application. The YMCA of San Diego County is one of the largest non-profits in San Diego County, with more than 22 program and member fadlltles, in addition to over 140 after school childcare sites. Our mission is to help all people realize their fullest potential, through development of Spirit, Mind and Body. The organization has served the San Diego area community for over 140 years. The proposed use implements the allowance of athletk clubs, gymnasiums, health clubs, and physical conditioning businesses per Table A -Permitted Uses of section 21.34.020 of the P-M subject to City Planner approval of a Minor CoridlUonal Use Permit. PROGRAM BACKGROUND: For over 20 years, the YMCA Gymnastics Center in Carlsbad, located at 6100 Avenida Encinas, Carlsbad, 92011, has been the home to thousands of aspiring young local gymnasts, both In the recreation and competitive team levels. Serving gymnasts as young as 18 months old, all the way up to collqiate level, our YMCA Gymnastics Center is home to "YMCA Carlsbad SeaWind Gymnastics TeamH, a nationally- ranked competitive Gymnastics team. Unlike for-profit Gymnastics programs, the YMCA fulfills its mission by providing access to ALL individuals regardless of ability to pay. All participants are welcomed at any level and are provided gymnastics program scholarship if challenged financially to access our programs. In addition to Gymnastics, the YMCA Gymnastics Center has been home to a tot tumble zone, teaching youns children coordination and supporting motor skill activittes that support their physical development and confidence. OPERATIONAL PLAN: Hours of Operation: MAR 1 4 2012 • Monday through Friday, 9:00 AM-9:00 PM • Saturdays 9 AM-3 PM L ': :::, !.\ , ·' ,· ; .·:, C) •. • Sundays closed unless special appointment • Seasonal component of little public use from 11 AM to 3 PM September thru June (see below) The hours of operation include mostly recreation gymnastics lessons for youth, scheduled with SO minute lessons/programs with pre-registration required. Dependent upon the age, parents will typically drop off a child for lessons due to the limited viewing arrangements. Drop off is at the start of the hour, pick up is at the end of the hour, There is an intentional transitional time gap in between lessons to accommodate the in/out movement of children and parents starting the next class. Children are required to be checked into and out of the facllJty by a parent, upon completion of a health check. Evenings (after 5 PM) are primarily dedicated to competitive team practice, where gymnasts and athletes typically train for 3-4 hours each evening. Because the competitive team Is comprised of older children and teens, prime drop off time is typically between 3:30-4:30 p.m., with a peak pick up time of 6:00-7:00 p.m. Parents do not typically stay to view the team practice due to the inability to view from the team floor and access team practice areas. Competitive team members are assigned different level teams, with assigned coaches and are disciplined with practice length and frequency dependent on level. During the hours of 11-3 pm each day September-June, there is typically no public program activity taking place due to the nature of younger children utilizing the gym/recreation classes in the morning (until 11 AM), and K-12 age participants being in school during the school day until school hours end (3 PM and onward). The Gymnastics facility is typically closed to the public at this time, but operational internally by staff developing choreography or used for program administrative purposes. During summer months, July & August, the YMCA runs a summer day camp program (parents drop off and pick up only and cannot stay on campus) for Gymnastics and like-specialty programming (cheer, parkour, etc.). We anticipate 48-72 youth during the day onsite from the hours of 8-3:30 with specific windows of parent drop off times of 8-8:30, and pickup 3-4:30 pm. The Y will not run typical recreational programs of Fall Winter Spring offerings during this July/August camp season. Anticipated "Peak" use are hourly transition times in the afternoons/evenings from 3:30-4:30 PM, and 6:30~7:30 pm. There is an existing flat turf area on the property that will be used for gymnastic programming with no impact to parking spaces, or vehicle circulation onsite. This Operational Plan is currently in use at the currenVprior Avenida Encinas location (that was subject to a Parking Study summarized below and attached to this CUP application). The same Operational Plan is proposed for the new location at 2261 Cosmos Court. PARTIOPANTS: Primary participants include youth, ages 2 to 18 years old, participating in Introductory Gymnastics classes all the way to competitive Level 10 Gymnastics. The staff-to-student ratio of Gymnastics classes ranges from: • 1 staff to 6 students for toddler recreation classes • 1 staff to 8 students in school age recreation classes • 1 coach to 12 athletes on the competitive team. PROPOSED NEW FACILITY: The -27 ,272 sq ft standalone facility will be comprised of a reception area, restrooms, upstairs offices with a kitchen area and breakroom, and warehouse style open-concept Gymnastics competitive and recreational facility inclusive of recreation and competition. See Floor Plan attached to this Minor CUP application. STAFFING: 3 full time employees are planned, with approximately 12-15 part time coaches and instructors working various part time hours for assigned classes and coaching levels. At peak times, a combined total average (full time + part time) of 12 staff are on site working. PARKING: The current/prior location at 6100 Avenida Encinas was shared with two other tenants with a total of 113 parking spaces available. The square footage assigned and associated with the YMCA use at that location was 30,400 square feet. The proposed location at 2261 Cosmos Court with a total of approximately 27,272 dedicated square feet for the sole use of the YMCA has a total of 86 parking spaces available. A parking study was undertaken in February 2022 to document the actual use of onsite parking spaces by the YMCA and also the two other onsite tenants at the Avenida Encinas location. Data was collected on Tuesdays, Fridays, and Saturday and is presented below. An excess of 35 to 101 available/unused parking spaces was observed. PARKING STUDY DATA-6100 Avenlda Encinas: YMCA+ Two Other Onslte Tenants --TIii ·~•-· ffl1•--&• &.e Tuesdav 2/8/2022 9:30AM 113 15 1 98 11:00 AM 113 22 91 12:30 PM 113 14 99 3:00 PM 113 30 83 4:30PM 113 48 65 5:00 PM 113 72 41 5:30 PM 113 72 41 5:30 PM 113 50 63 6:00PM 113 40 73 7:00 PM 113 10 103 Frldav 2/11/2022 9:30AM 113 15 98 11:00 AM 113 25 88 12:30 PM 113 12 101 3:00PM 113 38 75 4:30 PM 113 57 56 5:00 PM 113 68 45 5:30 PM 113 72 41 5:30 PM 113 53 60 6:00PM 113 44 69 7:00 PM 113 30 83 Saturday 2/12/2022 9:00AM 113 15 98 10:00AM 113 25 88 11:30AM 113 25 88 12:30 PM 113 10 103 Tuesdav 2115/2022 9:30AM 113 15 98 11:00AM 113 25 88 12:30PM 113 25 88 3:00 PM 113 53 60 4:30 PM 113 78 35 5:00 PM 113 74 39 5:30 PM 113 77 36 5:30 PM 113 72 41 6:00PM 113 65 48 7:00PM 113 30 83 MD ..... :.. _,A~- Friday 2/19/2022 9:30AM 113 10 103 11:00 AM 113 5 108 12:30 PM 113 5 108 3:00PM 113 48 65 4:30 PM 113 72 41 5:00PM 113 72 41 5:30 PM 113 75 38 5:30 PM 113 75 38 6:00 PM 113 67 46 7:00 PM 30 Saturday 2/20/2022 9:00AM 113 15 98 10:00AM 113 25 88 11 :30 AM 113 35 78 12:30 PM 113 30 83 TRAFFIC: The proposed facility is accessible to Palomar Airport Road via Yarrow Drive and Corte de La Pina; and accessible to El Camino Real via Yarrow Drive and Camino Vida Roble. CUP FINDINGS OF FACT City code section 21.34.020 requires that a minor conditional use permit may be granted only if certain findings can be made, as demonstrated below: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan; the YMCA of San Diego County Is an existing use in the city of Carlsbad and is requesting approval for a relocation with a track record of serving the community In the realm of gymnastics and physical activities. The proposed relocation will not alter the proven value of this community resource and will alter adversely affect any general plan policies or objectives. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone In which the proposed use is to be located; the proposed relocation of this use Is allowed In the subject P~M zone with the approval of Minor Conditional Use Permit and will not be detrimental to existing or permitted uses in this zoning district. In addition, the subject site will be under the sole use of the YMCA. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the crty planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood; the site has adequate parking for the subject use and no other features or onslte Improvements are necessary to approval and operation of the YMCA gymnastics use at this new relocated site. 4. That the street system serving the proposed use is adequate to properly handle al1 traffic generated by the proposed use; the existing publlc street systems In this area are designed to accommodate traffic generated from existing developed sites such as the subject property at 2261 Cosmos Court. SUPPORTING STATEMENTS: The YMCA Gymnastics Center has been the home to youth and aspiring gymnasts in Carlsbad for over 20 years. Thousands of youths have been served by this YMCA program, making a lasting impact on physical and socio-emotional development, confidence and more. Our ability to provide access to all programs regardless of ability to pay has made our YMCA Gymnastics Program the hub to serve all people of all backgrounds and socio-economic circumstances. In addition, the YMCA is proud to serve as home to local high school gymnasts in Carlsbad that currently don't have a Gymnastics Program at their High School. La Costa Canyon is currently the only Carlsbad high school that offers a gymnastics program. As a catalyst to serve high school age competitive gymnasts without a program at their home school, our competitive high-school age gymnasts have gone on to compete and place at a national level throughout the years, and receive D1 and D2 university scholarships. In addition, the YMCA Gymnastics program is the only program that hosts a competitive boys gymnastics program in all of Carlsbad. Three Level 10 gymnasts on our boys team placed in the National Competition in 2021. SUMMARY The proposed Minor Condltional Use Permit is supported by a Parking Study at the current/prior site (30,400 square foot building shared with two other tenants with 113 parking spaces) to demonstrate the adequacy of the proposed relocatfon of the YMCA of San Diego County to 2261 Cosmos Court (sole use of 27,272 square feet building with 86 parking spaces); and the required findings to approve the Minor CUP by City Planner can be made to allow for the continued operation of this use to serve the Carlsbad and regional communities. Section 2 Detail Burke Cosmos, LLC 260 E. Baker Street, STE 100 Costa Mesa, CA 92626 Burke Lincoln Business Center, LLC 260 E. Baker Street, STE 100 Costa Mesa, CA 92626 Ninos II, LP 260 E. Baker Street, STE 100 Costa Mesa, CA 92626 Burke Santa Ana, LLC 260 E. Baker Street, STE 100 Costa Mesa, CA 92626 CMK Family Partners, LP 260 E. Baker Street, STE 100 Costa Mesa, CA 92626 Brian R. Burke 20 Cherry Hills Lane Newport Beach, CA 92660 Robert W Guthrie 1749 Port Hemley Circle Newport Beach, CA 92660 PROJECT DESCRIPTION: YMCA of SAN DIEGO COUNTY Application for Minor Conditional Use Permit Project Description and Overview FOR YOUTH DEVELOPMENT® FOR HEALTHY LMN6 FOR SOOAL RESPONSIBILITY This application is for a Minor Conditional Use Permit (CUP) located at 2261 Cosmos Court, Carlsbad, CA 92011 and represents a relocation of this existing use from 6100 Avenida Encinas in Carlsbad due to a significant rent increase and the opportunity to operate in a sole-use facility. The YMCA's proposed Gymnastics facility will be in 27,272 leasable square feet in a stand-alone building within the P-M Zone. See Site Plan attached to this Minor CUP application. The YMCA of San Diego County is one of the largest non-profits in San Diego County, with more than 22 program and member facilities, in addition to over 140 after school childcare sites. Our mission is to help all people realize their fullest potential, through development of Spirit, Mind and Body. The organization has served the San Diego area community for over 140 years. The proposed use implements the allowance of athletic clubs, gymnasiums, health clubs, and physical conditioning businesses per Table A -Permitted Uses of section 21.34.020 of the P-M subject to City Planner approval of a Minor Conditional Use Permit. PROGRAM BACKGROUND: For over 20 years, the YMCA Gymnastics Center in Carlsbad, located at 6100 Avenida Encinas, Carlsbad, 92011, has been the home to thousands of aspiring young local gymnasts, both in the recreation and competitive team levels. Serving gymnasts as young as 18 months old, all the way up to collegiate level, our YMCA Gymnastics Center is home to "YMCA Carlsbad Sea Wind Gymnastics Team", a nationally- ranked competitive Gymnastics team. Unlike for-profit Gymnastics programs, the YMCA fulfills its mission by providing access to ALL individuals regardless of ability to pay. All participants are welcomed at any level and are provided gymnastics program scholarship if challenged financially to access our programs. In addition to Gymnastics, the YMCA Gymnastics Center has been home to a tot tumble zone, teaching young children coordination and supporting motor skill activities that support their physical development and confidence. OPERATIONAL PLAN: Hours of Operation: • Monday through Friday, 9:00 AM-9:00 PM • Saturdays 9 AM-3 PM • Sundays closed unless special appointment • Seasonal component of little public use from 11 AM to 3 PM September thru June {see below) The hours of operation include mostly recreation gymnastics lessons for youth, scheduled with 50 minute lessons/programs with pre-registration required. Dependent upon the age, parents will typically drop off a child for lessons due to the limited viewing arrangements. Drop off is at the start of the hour, pick up is at the end of the hour. There is an intentional transitional time gap in between lessons to accommodate the in/out movement of children and parents starting the next class. Children are required to be checked into and out of the facility by a parent, upon completion of a health check. Evenings (after 5 PM) are primarily dedicated to competitive team practice, where gymnasts and athletes typically train for 3-4 hours each evening. Because the competitive team is comprised of older children and teens, prime drop off time is typically between 3:30-4:30 p.m., with a peak pick up time of 6:00-7:00 p.m. Parents do not typically stay to view the team practice due to the inability to view from the team floor and access team practice areas. Competitive team members are assigned different level teams, with assigned coaches and are disciplined with practice length and frequency dependent on level. During the hours of 11-3 pm each day September-June, there is typically no public program activity taking place due to the nature of younger children utilizing the gym/recreation classes in the morning (until 11 AM), and K-12 age participants being in school during the school day until school hours end (3 PM and onward). The Gymnastics facility is typically closed to the public at this time, but operational internally by staff developing choreography or used for program administrative purposes. During summer months, July & August, the YMCA runs a summer day camp program (parents drop off and pick up only and cannot stay on campus) for Gymnastics and like-specialty programming (cheer, parkour, etc.). We anticipate 48-72 youth during the day onsite from the hours of 8-3:30 with specific windows of parent drop off times of 8-8:30, and pickup 3-4:30 pm. The Y will not run typical recreational programs of Fall Winter Spring offerings during this July/August camp season. Anticipated "Peak" use are hourly transition times in the afternoons/evenings from 3:30-4:30 PM, and 6:30-7:30 pm. There is an existing flat turf area on the property that will be used for gymnastic programming with no impact to parking spaces, or vehicle circulation onsite. This Operational Plan is currently in use at the current/prior Avenida Encinas location (that was subject to a Parking Study summarized below and attached to this CUP application). The same Operational Plan is proposed for the new location at 2261 Cosmos Court. PARTICIPANTS: Primary participants include youth, ages 2 to 18 years old, participating in introductory Gymnastics classes all the way to competitive Level 10 Gymnastics. The staff-to-student ratio of Gymnastics classes ranges from: • 1 staff to 6 students for toddler recreation classes • 1 staff to 8 students in school age recreation classes • 1 coach to 12 athletes on the competitive team. PROPOSED NEW FACILITY: The "'27,272 sq ft standalone facility will be comprised of a reception area, restrooms, upstairs offices with a kitchen area and breakroom, and warehouse style open-concept Gymnastics competitive and recreational facility inclusive of recreation and competition. See Floor Plan attached to this Minor CUP application. STAFFING: 3 full time employees are planned, with approximately 12-15 part time coaches and instructors working various part time hours for assigned classes and coaching levels. At peak times, a combined total average (full time+ part time) of 12 staff are on site working. PARKING: The current/prior location at 6100 Avenida Encinas was shared with two other tenants with a total of 113 parking spaces available. The square footage assigned and associated with the YMCA use at that location was 30,400 square feet. The proposed location at 2261 Cosmos Court with a total of approximately 27,272 dedicated square feet for the sole use of the YMCA has a total of 86 parking spaces available. A parking study was undertaken in February 2022 to document the actual use of onsite parking spaces by the YMCA and also the two other onsite tenants at the Avenida Encinas location. Data was collected on Tuesdays, Fridays, and Saturday and is presented below. An excess of 35 to 101 available/unused parking spaces was observed. PARKING STUDY DATA-6100 Avenida Encinas: YMCA+ Two Other Onsite Tenants TOTAL EXCESS SPACES TOTAL SPACES SPACES DATE TIME AVAILABLE * OCCUPIED AVAILABLE Tuesdav 2/8/2022 9:30 AM 113 15 98 11:00 AM 113 22 91 12:30 PM 113 14 99 3:00 PM 113 30 83 4:30 PM 113 48 65 5:00 PM 113 72 41 5:30 PM 113 72 41 5:30 PM 113 50 63 6:00 PM 113 40 73 7:00 PM 113 10 103 Fridav 2/11/2022 9:30 AM 113 15 98 11 :00 AM 113 25 88 12:30 PM 113 12 101 3:00 PM 113 38 75 4:30 PM 113 57 56 5:00 PM 113 68 45 5:30 PM 113 72 41 5:30 PM 113 53 60 6:00 PM 113 44 69 7:00 PM 113 30 83 Saturdav 2/12/2022 9:00 AM 113 15 98 10:00 AM 113 25 88 11:30 AM 113 25 88 12:30 PM 113 10 103 Tuesdav 2/15/2022 9:30 AM 113 15 98 11 :00 AM 113 25 88 12:30 PM 113 25 88 3:00 PM 113 53 60 4:30 PM 113 78 35 5:00 PM 113 74 39 5:30 PM 113 77 36 5:30 PM 113 72 41 6:00 PM 113 65 48 7:00 PM 113 30 83 TOTAL EXCESS SPACES TOTAL SPACES SPACES DATE TIME AVAILABLE* OCCUPIED AVAILABLE Fridav 2/19/2022 9:30 AM 113 10 103 11:00 AM 113 5 108 12:30 PM 113 5 108 3:00 PM 113 48 65 4:30 PM 113 72 41 5:00 PM 113 72 41 5:30 PM 113 75 38 5:30 PM 113 75 38 6:00 PM 113 67 46 7:00 PM 30 Saturday 2/20/2022 9:00 AM 113 15 98 10:00 AM 113 25 88 11:30 AM 113 35 78 12:30 PM 113 30 83 TRAFFIC: The proposed facility is accessible to Palomar Airport Road via Yarrow Drive and Corte de La Pina; and accessible to El Camino Real via Yarrow Drive and Camino Vida Roble. CUP FINDINGS OF FACT City code section 21.34.020 requires that a minor conditional use permit may be granted only if certain findings can be made, as demonstrated below: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan; the YMCA of San Diego County is an existing use in the city of Carlsbad and is requesting approval for a relocation with a track record of serving the community in the realm of gymnastics and physical activities. The proposed relocation will not alter the proven value of this community resource and will alter adversely affect any general plan policies or objectives. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; the proposed relocation of this use is allowed in the subject P-M zone with the approval of Minor Conditional Use Permit and will not be detrimental to existing or permitted uses in this zoning district. In addition, the subject site will be under the sole use of the YMCA. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the city planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood; the site has adequate parking for the subject use and no other features or onsite Improvements are necessary to approval and operation of the YMCA gymnastics use at this new relocated site. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use; the existing public street systems in this area are designed to accommodate traffic generated from existing developed sites such as the subject property at 2261 Cosmos Court. SUPPORTING STATEMENTS: The YMCA Gymnastics Center has been the home to youth and aspiring gymnasts in Carlsbad for over 20 years. Thousands of youths have been served by this YMCA program, making a lasting impact on physical and socio-emotional development, confidence and more. Our ability to provide access to all programs regardless of ability to pay has made our YMCA Gymnastics Program the hub to serve all people of all backgrounds and socio-economic circumstances. In addition, the YMCA is proud to serve as home to local high school gymnasts in Carlsbad that currently don't have a Gymnastics Program at their High School. La Costa Canyon is currently the only Carlsbad high school that offers a gymnastics program. As a catalyst to serve high school age competitive gymnasts without a program at their home school, our competitive high-school age gymnasts have gone on to compete and place at a national level throughout the years, and receive D1 and D2 university scholarships. In addition, the YMCA Gymnastics program is the only program that hosts a competitive boys gymnastics program in all of Carlsbad. Three Level 10 gymnasts on our boys team placed in the National Competition in 2021. SUMMARY The proposed Minor Conditional Use Permit is supported by a Parking Study at the current/prior site (30,400 square foot building shared with two other tenants with 113 parking spaces) to demonstrate the adequacy of the proposed relocation of the YMCA of San Diego County to 2261 Cosmos Court (sole use of 27,272 square feet building with 86 parking spaces); and the required findings to approve the Minor CUP by City Planner can be made to allow for the continued operation of this use to serve the Carlsbad and regional communities. ENVIRONMENTAL INFORMATION FORM (To be Complotod by Applicant) Data Flad: __________ (To be compleled by City) ApplcatlonNumber(o): ______________________ _ _ 1,_ 1. 2. 3. 4. Nome al projocl: __ Y_M_C_A_G_ym_a_n_a_stics_· ______________ _ ~~ofdewlo~wprojectsponsor._~Y~M~C~A~of~~=n~D~i~~=C~o~u~n~fy~-~u=ura=n~H=•~ll __ _ A...,._ 200 Saxony Road ~-: ----------------------- City, -• Zip Code: Encinitas, CA 92024 Phone Number. 760.942.9622 x12556 Name of person to be mntactad cc:incen1g this project __ E_nc_· _M_u_n_oz_-H_W_L ____ _ -2668 Loker Avenue East, Suite 217 ----------------------- Cly, stale, Zip Code: _Ca_rls_b_a_d_, CA __ 9_20_1_0 _____________ _ Phone Number: 760.277 .3852 AddrNlof~ 2261 Cosmos Court . . .,..... ---------------------- Al181Sor'8 Parcel Number: ___ 2_13_.o_so_.4_0 ______________ _ 5. Uot and de9a1be any --pannb and other public _,,.,..19 ,-lnld far this PRJject, Including lhoae n,qulred by clly, regional, state and _,,. agendos: Minor Conditional Use Permit (CUP) 8. Existing General Plan Land UN Dealgnatlon: Planned Industrial P-M 7. EldotlngZ<N1lngdlatrtc:I: ____________________ _ 8. 9. Exiltlng land UN(a): ___ e_x_is_tin~g~•-·n_du_s_tr_ia_ll_offi_,ce_b_u_ild_in~g _________ _ P,_aed ... al ab& (Pro)ecl lor-thla farm la ftlad~ Minor CUP to aUow for gymnastic use/athletic club activities in existing 27,272 SF building at subject site. Pn,Joct llncrtpClon 10. 2.19 acres Sftealze: -------------------------- 11. Proposed Bulking Bql&8 footage; _ existing 27,272 square fool building 12: Number of floors or conatrucdon: NIA 13. Amount of off-etreet parking provtded: ___ B_6_s_pa_ce_s ___________ _ NIA 14. Ateodated projecta: ----------------------- P-1(0) Page2of4 Rw1Nd07/10 15. NIA ff IMklentia~ Include the number of unlla and schedule of uni stzea: ________ _ 16. ff commerclal, lndlcale tha type, who111er neighborhood, city or ragtonaly olfeutad, _.. foolage al--• and load~facl-: --,,,.,--------------- NIA 17, tt lndultrial. lnclclle type, --omplo)mont perlhlft, and load~ ladllles: ____ _ NIA 16. ff In-I. Indicate lie major,..,_,, estlmatad amploymanl per shift, -occupancy, loadlng faclltla8, and community beneffll to be dertvad from the project: Gymnastic use proposed to relocate onslle from 6100 Avenida Encinas; staff ranges from 3-12; community benefit continues 19. If the project llwoJvas a variance, condltlonal UN or rezoning appllcatlons, ltale1t1!1 and n:tlcate ~whylheappllcetlon IB n,qulred: --~,-----------NIA P-1(D) Page3of4 Rlviled07/10 Arv the foHowtng Items appllcable to the project or Its flffects? D/$cuss all items checked yes (attach ackJffional sheets as necessery). Yeo No 20, Change In exlsUng features of any bays, tidelands, beaches, or hlla. or substantial D 0 alteration of ground contours, 21. Change In scenic viewa or vistas from axlsting rasldential areas or pubtic lands or D 0 roads. 22. Change In pattern, scale or character of general area of project. D 0 23. Significant amounts of solid wasta or Ider. D 0 24. Change in dust, ash, smoke, fumes or odors in vlclnHy. D 0 25. Change In ocean, bay, lake, stream or ground water quaity or quantity, or D 0 atterallon of exlsUng drainage patterns. 26. Substantial change ln existing noise or vibration levels In the vicinity. D 0 27. Site on filled land or on slope of 10 percent or more. D 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. D 0 29. Substantial change In demand for municipal services (polce, fire, waler, sewage, D 0 etc.). 30. Substantially Increase fossil fuel consumption (electricity. oll, natural gas, etc.). D 0 31. Relationship to a latger project or series of projects. D 0 Environmental Setting Attach sheets that Include a response to the following questions: 32. D88crl>e the project site as It exists before the project, including Slformation on topography, son stability, plants and animals, and any cuthn~ 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 pnotos 'Ml be accepted. 33. Describe the &IJITOunding properties, including Information on plants and al'limals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), Intensity of land use (one-family, apartment houses, shopa, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos wfll be accepted. Certfftcatlon I hereby certify that tile statements furnished above and In the attached exhl:>lts present the data and info,mation required for this initial evaluation to the best of my abinty, and that the feels, stalements, and information presented are true and correct to the best of my knowledge and belief. Dale: Signature: For: P-1(0) Page ◄ d" Reviled 07(10 #32 YMCA GYMNASTICS -MINOR CUP fl 2261 COSMOS COURT, CARISBAD EIAFORM The project site is an existing/developed property with building, parking spaces, landscaplna and related Internal Infrastructure and utilities. There are no historic, blologlcal, topographic or scenic resources onslte. The e-xlsting structure fs vacant and available for lease. #33 The site Is surrounded to the south and west by existing industrial office buildings on developed properties in the same P-M zoning dtstrict. To the north Is the Corte de la Pina public street and to the east Is Cosmos Court which also provides public street frontage for the property. There are no natural or non-developed environmental features In this area. (_ City of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1 (E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City, The City has 30 calendar days from the date of application submittal to determine whether an application is complete or Incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. lf it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. ff you have any questions regarding application submittal requirements (I.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. Applicant Signature: ~iA. :!,.z. L-'2-- Staff Signature: Date: To be stapled with receipt to the application MAR l 4 ?07' P-1(E) Page 1 of 1 Revised 07/10 • .,. (_ City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engfneerln1 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 ! INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects Incorporate Permanent Storm Water Best Management Practices (BMPs) Into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant In advance of submitting for a development application (subdivision, discretionary permits and/or constructlon permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an Initial assessment of the proposed project conditions and Impacts. City staff has responsiblllty for making the final assessment after submission of the development application. If staff determines that the questionnaire was lncorrecUy filled out and Is subject to more stringent storm water staoctards than lnltlaUy assessed by you, this wlll result ln the return of the development appticatlon as incomplete. In this ca~. please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help In determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire Is required when multiple development appJlcatlons for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: YMCA Gymanstics PROJECT ID: ADDRESS: 2261 Cosmos Court APN: 213.050.40 -- The project Is (check one): 0 New Development D Redevelopment NIA -- The total proposed disturbed area ls: ft2 ( )acres NIA The total proposed newly created and/or replaced Impervious area is: ft2 ( ) acres N/A If your project Is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID NIA Then, go to Step 1 and follow the Instructions. application to the city. ---· E-34 SWQMP#: N/A When completed, sign the form al the end and submit this with your Page 1 of4 ·----· -·-· ~ECEt,r. MAR 14 2022 Cl iY 0;-CAKLSl.--(L'Q PL/-\NNING DI JL::,tO" - REV0Z/16 i -" ITEP1 "· -- TO BE COMPLETED FOR ALL PROJECTS "' To determine If your project Is a "development project", please answer the rollowi"lg question: V__ES NO Is your pc-oject LIMITED TO routine mai'\tenance activity and/or repair/Improvements to an existing bulldlng'1 or structure that do not aner the size (See Section 1.3 of the BMP Design Manual for guidance)? I @J I D If you answered •yes· to the above question, provide jlls1lflcatlon below then go to Step 5, mark the third box stating •my project Is not • 'dwelopment project' and not subject to the requlrllments af the BMP manuar' and complete applicant Information. Existing building, parking and landscaping: no development only internal Tl Justification/discussion: (e.g. the project Includes only interior remodels within an existing building}: tr vou ehswered "no• to the above question, the project Is a 'development project', ao to SttD 2. IT!P2 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 folowlng c,iteiia: a} Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; D D b) Designed end constructed to be hydreullcally disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces In accordance with USEPA GreenStre~sawdance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in D □ 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? D D If you answered "yes• to one OJ more of the above questions, provide discusslon/jus1iflcation below, then 90 to Step 5, matt( 1he sooond box stating •my project is EXEMPT from PDP .. ." and complete appRcant Information. Olscusslon to Justify exemption ( e.g. the project redeveloping existing road designed and constructed In accordance with the USEPA Green Street guidance); .!f Y.OU answered "no" to the above auestlons. vour prolect is not exempt from PDP, ao to Step 3. f' I E-34 Page2 of 4 REV04/17 • STEP3 TO IE COMPLETED FOR AlL NIW OR RIDIVILOPIIENT PIOJl!CTI . To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): YES NO -i. Is your project a new development that creates 10,000 square feel or more of impervious surfaces collectively over the entire project site? This Includes commercial, industrial, residential, mixed-use, D D 2. ond public development ~ts £!!.PU~c or prlvale land. Is your project a redevelopment project creating and/or replacing 5,000 square fuot or more of Impervious surface collecllvely over the entire project site on an existing site of 10,000 square feet or □ D more or impervious surface? This Includes commercial, Industrial, residential, mixed-use, and public development pfqecf! or,_public or E!!!Y1Jle 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 D D a facility that sells prepared foods and drinks for consumption, including staUonary lunch counters and refreshment stands selling prepared foods and drinks for Immediate consumption (Standard Industrial Classification (SIC) code 58j11_ -4. Is your project a new or redevelopmeniproject that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hlffslde □ □ developm~!l.!.P!PJect in<2!_udes tlevolooment on anv natural &looe that is IW8fllv•1ive percent or areater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entJre project site and supports a parking lot? A parking lot Is a land area or facmty for the temporary parking or storage of motor vehicles used personally for □ D business or for commerce. -6. Is your project a new or redevelopment pro,ecithat creates and/or replaces 5,0()0 square f~et or more - of impervious street, road, highway, freeway or driveway surface collectively over the entire project D D site? A street, road, highway, freeway or drfveway Is any paved impervious surface used for the _ trans])Ortatlon ot automobiles,. trucks, motorcy_cles, and other vehicles. ,_ 7. Js your project a new or redevelopment project that creates andfor replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an EnvJronmentally □ Sensitive Area (ESA)? •o/scharg/ng Directly to• Includes flow that is conveyed overland a distance of □ 200 feet or less from the projecl to the ESA, or conveyed In a pipe or open channel any distance as an Isolated now from th9 e_roject to the ESA (i.e. not comming/9d with nows from adjacent lands).• --8. Is your project a new development or redevelopment project that creates a.n~or repJapes 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair D D 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 fol/owing criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (AOTl of 100 or more vehicles eer dat.---.___ --10. Is your project a new or redevelopment project thal results in the disturbance of one or more acres of land □ D and are expected lo 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 1he property by more than 10%? (CMC □ D _ _11.~Q~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, check the first box stating "My project is a PDP .. ." and complete applicant Information, If you answered "no• lo an of the above questions, your project Is a 'STANDARD PROJECT.' Go to step 5, check the second ~x stating •~project Is ~~_TJ.l,N~:>A~(? PROJEg.!.'.:.~." and .9~!!!i>~te ~pellca.Et information. --- E-34 Page 3 ol 4 REV 04/17 8TEP4 TO B! COIIPLET!D FOR REDEVELOPMENT PROJ!CT8 THAT ARE PRIORITY DEVELOPMl!NT PROJl!CTS (PDP) ONLY ·--Complete the questions below regarding your redevelopment project (MS4 Pennlt 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) = IQ. fl. Percent Impervious area created or replaced (B/At100 "' % 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, check the first box slating "My project Is a PDP ... " and complete applicant Information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box statlno "M'v orolect is a PDP ... • and complete aoolicant infonnatlon. STEPI CHECK THI! APPROPRIATI! IIOX AND COIIPLl!TE APPLICANT lll'ORIIATION D 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) for submittal at time of application. 0 My project Is a 'STANDARD PROJECT OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As par1 of these requirements, I wlll submit a "Standard Project Requirement Checklist Form E-36" and Incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the POP threshold, staff may require detailed Impervious area calculations ...-••-,ibits to verify if 'STANDARD PROJECr sto11T1Water requirements apply. ~Project Is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Lauren Hall -YMCA Executive Director AppNcant Title: Applicant Signature: ~~~ Date: j-i 21,,-, -.. ---~vlronmen1any Sensitive M!as lricfllde bul are not llmillld to 811 Cleilll W11ler Ad Section 303(d) Impaired waler bocllos; .,._ dalllgr18'ed • "''" or Special Blologlcel SIQnllloanee by lho Slate WIiier Rll10Ufl",ff Control Boerd (WalOf' au,,rlly ConlrOI Plan 101 the S"1 Diego S."1 (1994) Ind l!me00tl'l9flla);-« bodt. designated with lhe RARE benel'idal USO by the Stale Wliler AllllOl"'" G~fol Bollrd (Water Quallty Control Plan for lho l:,,111) DltgQ D!l:lln (l99-4) 11/1.d amandmenta); areas designated• preserve• or their equlvelenl under the Mulll Species Conservation Program within the emu Mil County of Son Diego: Heblle1 Management Plan; end eny other equivalent envtronmenlaly senllUve -as which have been lderaled by the City. This Box for Clly Uss Only YES NO City Concurrence: D D --By: ~ Date: --- Project ID: Page .C of4 REV<M/17 • . . Development Services Planning DMslon 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 (cityof Carlsbad City of Carlsbad JUL 1 8 2022 PURPOSE In September 2015, the City of Carlsbad adopted a ClimgliJlbhi(;li f2l¥Ji&~~lines actions that the city will undertake to achieve Its proportional share of state greenhouse gas (GHG) emissions reductions. This chedcltst contains measures that are required to be Implemented on a project-by-project basis to ensure that the specified emissions tarsets 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 ps (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 CEQA section 15183.S(b). Please consult with the Planning Department for further guidance. Additional Information may be found on the Climate Action Plan Update and Vehicle MIies 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 checklrst is to be completed and included In applications for new development projects that are subject to discretionary review or require a btJllding permit. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Cartsbad 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 checkltst separate cak:ulations 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 induded 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.,o Page 1 of7 Revised 07/21 CHICAGO TITLE INSURANCE COMPANY Amount of Liability $5,000.00 ISSUING OFFICE: Title Officer: Richard Moore Chicago Title Company 2365 Northside Drive, Suite 600 San Diego, CA 92108 Phone: (619)521-3590 Fax: (619)521-3690 Main Phone: (619)521-3500 Email: moorer@ctt.com SCHEDULE A Fee $300.00 Date of Guarantee: March 10, 2022 at 07:30 AM 1. Name of Assured: Burke Cosmos, LLC 2. The estate or interest in the Land which is covered by this Guarantee is: Fee 3. The Land referred to in this Guarantee is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: Burke Cosmos, LLC a California Limited Liability Company GUARANTEE NO. 73722002339 Title Officer Richard Moore b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. Cond1!1on of Tille Guarantee CLTA Guarantee Fann No. 28 (06/0512014) END OF SCHEDULE A Page2 Printed: 03.22.22@ 06.34 AM CA-CT-FW00-021 80.055820-SPS-1-22-73722002339 For APN/Parcel ID(s): 213-050-40-00 PARCEL 1. EXHIBIT "A" Legal Description LOT 1 OF PARCEL MAP NO. 11589, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 14, 1981, BEING A DIVISION OF LOT 8 OF CARLSBAD TRACT NO. 73-49 (C. C. & F. PALOMAR AIRPORT BUSINESS PARK) UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 8054, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. PARCEL 2: AN UNDIVIDED 1/6 TENANT IN COMMON INTEREST IN LOT 7, OF PARCEL MAP NO. 11589, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AUGUST 14, 1981, BEING A DIVISION OF LOT 8 OF CARLSBAD TRACT NO. 73-49 (C. C. & F. PALOMAR AIRPORT BUSINESS PARK) UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 8054, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. Cond~1on of Title Guarantee CLTA Guarantee Form No. 28 (06/0512014) Page 3 Plinted: 03.22.22@08:34 AM CA--CT-FWD0-021 80.055820-SPS-1-22-73722002339 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73722002339 SCHEDULE B 1. 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. 2. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Penalty and Cost: Code Area: 213-050-40-00 2021-2022 $18,886.68 paid. $18,886.68, open $1,898.66 (Due after April 10) 09018 3. 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. 4. Water rights, claims or title to water, whether or not disclosed by the public records. 5. 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: Document. Buena Sanitation District, a County Sanitation District A County sanitation district January 5, 1965 1288, of Official Records The Route Thereof Affects a Portion of Said Land and is More Fully Described in Said 6. 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: Document. Buena Sanitation District, a County Sanitation District Sewer Lines September 21, 1965 171355, of Official Records The Route Thereof Affects a Portion of Said Land and is More Fully Described in Said 7. Easement{s) for the purpose{s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Document. Buena Sanitation District Maintenance, Repair, Replacement, and Reconstruction of Sewer Pipe Lines September 16, 1974 7 4-250080, of Official Records The Route Thereof Affects a Portion of Said Land and is More Fully Described in Said The southeasterly 10 feet of said easement was vacated by document recorded February 1, 1984 as file no. 84-039773 Official Records. Condition ofTrHe Guarantee CLTA Guarantee Form No. 28 (06/0512014) Page4 Plinted· 03.22.22@ 08 34 AM CA-CT-FW00-021 80.055820.SPS-1-22-73722002339 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73722002339 8. SCHEDULE B (continued) Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is pennitted by applicable law, as set forth in the document Recording Date: October 1, 1974 Recording No: 74-263897, of Official Records Said covenants conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or trust deed made in good faith and for value. Modification(s) of said covenants, conditions and restrictions Recording Date: Recording No.: December 31, 1974 74-337587, of Official Records Modification(s) of said covenants conditions and restrictions Recording Date: June 1, 1977 Recording No.: 77-212678, of Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: June 27, 1977 Recording No.: 77-252979, of Official Records 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: 10. Granted to: San Diego Gas and Electric Company, a Corporation Purpose: Underground Facilities and Appurtenances for the Transmission and Distribution of Electricity, Pipelines and Appurtenances for Any and All Purposes Recording Date: October 8, 1981 Recording No.: 81-320417, of Official Records Affects: The Route Thereof Affects a Portion of Said Land and is More Fully Described in Said Document. The exact location and extent of said easement is not disclosed of record. Covenants conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: February 24, 1982 Recording No: 82-049937, of Official Records Said covenants conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or trust deed made in good faith and for value. Condrtion of Title Guarantee CLTA Guarantee Form No. 28 (06105/2014) Page 5 Printed: 03.22.22@ 08:34 AM CA-CT-FWD0-02180.055820-SPS-1-22-73722002339 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE NO. 73722002339 11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The Pacific Telephone and Telegraph Company Purpose: Recording Date: Underground communication facilities and aboveground equipment June 9, 1982 Recording No.: 82-177009, of Official Records Affects: The Route Thereof Affects a Portion of Said Land and is More Fully Described in Said Document. The exact location and extent of said easement is not disclosed of record. 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.: Costa Real Municipal Water District Pipeline or Pipelines October 25, 1982 82-327844, of Official Records Affects: The Route Thereof Affects a Portion of Said Land and is More Fully Described in Said Document. 13. Recitals as shown on that certain map/plat Recording No: Parcel Map No. 11589:, of Official Records Which among other things recites "We Grant to the Public Lot 7 as a Public Access and Utility Easement" (Cosmos Court) Reference is hereby made to said document for full particulars. 14. Any rights, interests or claims which may exist or arise by reason of the following matters disclosed by an inspection or survey: a. drainage over the north and west portions of Lot 1 herein described b. the fact that a transfom,er on a concrete pad serving Lot 1 encroaches onto Lot 2 on the south c. the fact that storm drain pipes and inlets running in Lot 1 pass under Lot 7 15. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Coxcom, Inc. d/b/a Cox Communicaitions San Diego, a Corporation Purpose: Construct, place, operate, repair, inspect, maintain, replace and remove such undergroun telecommunication equipment as grantee may require from time to time, consisting of one or more lines of cables, wires, conduits, pedestals and necessary fixtures and appurtenances, in, under, and upon the herein after described easement, together with the right to ingress and thereto and egress Recording Date: August 13, 2009 Recording No.: 2009-0453965, Official Records Affects: the exact location and extent of said easement is not disclosed of record. ConMion of Title Guarantee CL TA Guarantee Form No. 26 (06/0512014) Page 6 Printed 03.22.22@ OS 34 AM CA-CT -FWOC-02160.055820-SPS-1-22-73722002339 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73722002339 SCHEDULE B (continued) 16. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey, Job No.: Dated: Prepared by: Matters shown: 20573 September 27, 2021 DMG, Inc A -Southeasterly Face Block Wall Lies 1.8' Southeasterly of the property line. B -Concrete Walk continues 4.4' North of the property line. 17. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Truster/Granter: Trustee: Beneficiary: Loan No.: Recording Date: Recording No: $5,468,000,00 October 25, 2021 Burke Cosmos, LLC, a California limited liability company Chicago Title Insurance Company Nikols Mortgage Fund, LLC, a California limited liability company November 1, 2021 2021-0760219, Official Records 18. Any claims for mechanics' or materialman's liens on said Land that may be recorded, by reason of a recent work of improvement that is disclosed by the document shown below Entitled: Fixture Filing Recording Date: Recording No.: Construction Deed of Trust, Security Agreement, Assignment of Leases and Rents and November 1, 2021 2021-0760219 Official Records 19. An assignment of all moneys due, or to become due as rental or otherwise from said Land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein Amount: Assigned to: Assigned By: Recording Date: Recording No.: $5,468,000.00 Nikols Mortgage Fund, LLC, a California limited liability company Burke Cosmos, LLC, a California limited liability company November 1, 2021 2021-0760220, Official Records 20. A financing statement as follows: Debtor: Secured Party: Recording Date: Recording No.: Burke Cosmos, LLC, a California limited liability company Nikols Mortgage Fund, LLC, a California limited liability company November 1, 2021 2021-0760221, Official Records 21. If a work of improvement was recently completed or will be completed prior to the close of this transaction, the Company will require that a valid Notice of Completion be recorded. This notice must be signed by an owner of the property and must be recorded within 15 days of the actual completion date. Cond~ion of Title Guarantee CLTA Guarantee Form No. 28 {06/0512014) Page 7 Pnnted: 03.22.22@ 08 34 AM CA·CT·FWD0.02180.055820-SPS·1-22· n722002339 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE NO. 73722002339 22. Information has been provided to the Company which discloses that a work of improvement is contemplated, in progress or recently completed. To assist the Company in determining if it can give the priority coverage contained within the policy contemplated by this report, please provide the following. a. Current Financial Statement and/or Current Loan Application. b. Project Cost Breakdown. c. Completed Loss of Priority Questionnaire. (This form furnished by the Company.) d. A fully executed Indemnity Agreement. (This form furnished by the Company.) e. If work has commenced prior to the recordation of the Construction Deed of Trust, there will be further requirements and the closing of the transaction could be delayed. f. Copy of current appraisal g. Copy of loan agreement and disbursement schedules h. Name of Fund Control/Disbursement Agent Work may include, among other things, any preparation of the site for the planned construction, delivery of construction materials or equipment and any labor furnished. The Company reserves the right to add additional items and/or make further requirements after review of the requested documentation. 23. 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. 24. Matters which may be disclosed by an inspection and/or by a correct AL TA/ACSM Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 25. 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. 26. Any 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. 27. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(ies), Party(ies): sellers The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. Condition of Title Guarantee CL TA Guarantee Form No. 28 (0610512014) Page 8 Printed: 03.22.22 @ 08:34 AM CA-CT-FWD0-021 80.05582D-SPS-1-22-73722002339 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE NO. 73722002339 28. In order to complete this report, the Company requires a Statement of lnfonnation to be completed by the following party{ies), Party(ies): buyers The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 29. 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. 30. Due to the special requirements of SB SO (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company's State Counsel, Regional Counsel, or one of their designees. 31. The application for title insurance was placed by reference to only a street address or tax identification number. The proposed Insured must confirm that the legal description in this report covers the parcel(s) of Land requested to be insured. If the legal description is incorrect, the proposed Insured must notify the Company and/or the settlement company in order to prevent errors and to be certain that the legal description for the intended parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. Condition of TiUe Guarantee CL TA Guarantee Form No. 28 (06105/2014) Page 9 Printed: 03.22.22@ 08.34 AM CA-CT-FWD0-02180.055020-SPS-1-22-73722002339 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B {continued) GUARANTEE NO. 73722002339 32. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: Burke Cosmos, LLC a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c. If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form 33. 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: Burke Real Estate Group, Inc. 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 d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 34. Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Granter: Grantee: Recording Date: Recording No.: Cond,t1on of Tille Guarantee Catalina Development LLC, a California Limited Liability Company Burke Cosmos, LLC a California Limited Liability Company November 1, 2021 2021-0760218 Official Records CLTA Guarantee Form No. 28 (06/05/2014) Printed 03.22.22@ 08.34 AM CA·CT-FWD0-02180.055820-SPS-1-22-73722002339 Page 10 CHICAGO TITLE INSURANCE COMPANY Condrtion of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014) SCHEDULE B (continued) END OF SCHEDULE B Page 11 GUARANTEE NO. 73722002339 Printed 03.22.22@ 08:34 AM CA--CT-FW00-02180.055820-SPS-1-22-73722002339 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73722002339 EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects. liens. encumbrances, adve11ie claims or other matters affecting the title to any property beyond the lines of the Land, (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances. adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. {g) {1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. DEFINITION OF TERMS The following terms when used in the Guarantee mean: (a} the "Assured"· the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land'"· the Land described or referred to in Schedule A. and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or wateiways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (fl "Amount of Liability": the Amount of Liability as stated in Schedule A. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED The Assured shall notify the Company promptly in writing in case knowiedge shall come to the Assured of any assertion of facts, or claim of tiUe or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required: provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED TO COOPERATE Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, ii shall do so diligently. (b) lf the Company elects to exercise its options as stated In Paragraph 4 (a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) lo represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation. the Company's obligations to the Assured under the Guarantee shall terminate. Condition ofTltle Guarantee CLTA Guarantee Form No. 28 (06/05/2014) Page 12 Printed 03.22.22@ 08:34 AM CA-CT-FWD0.02180, 055620-SPS-1-22-73722002339 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73722002339 (continued) 5. PROOF OF LOSS OR DAMAGE {a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. {b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, al such reasonable limes and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its pern,ission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested infonnation or grant permission to secure reasonably necessary inforn1at1on from third parties as required in the above paragraph. unless prohibited by law or governmental regulation, shall tern,inate any liability of the Company under this Guarantee to the Assured for that claim. 6. OPTIONS TO PAYOR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: {a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay; or {c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses Incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall tern1inate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. LIMITATION OF LIABILITY (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien, or encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom. It shall have fully perforn,ed its obligations with respect to that matter and sha\l not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent. the Company shall have no liability for loss or damage until there has been a final determinatlon by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. PAYMENT OF LOSS (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shalt be payable within thirty (30) days thereafter. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. Condition of Title Guarantee CL TA Guarantee Form No. 28 (06/0512014) Page 13 Plinted: 03.22.22@ 08:34 AM CA-CT-FWDQ.02180.05582D-SPS-1-22-73722002339 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73722002339 (continued) 11. ARBITRATION Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arb1trable matters when the amount of liability is Two Million And No/100 Dollars ($2,000,000) or less shall be arbitrated at the option of either the Company or the Assured, All arbitrable matters when the amount of liability is in excess of Two Million And No/100 Dollars ($2,000,000) shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. {b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. {c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. SEVERABILITY In the event any provision of this Guarantee, In whole or In part. is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. CHOICE OF LAW; FORUM {a) Choice of Law: The Assured acknol'.ledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction v.tiere the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is localed to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at: Chicago Title Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023 Attn: Claims Department Cond~ion of Title Guarantee CLTA Guarantee Form No. 28 (06/0512014) END OF CONDITIONS Page 14 Printed 03.22.22@ 08.34 AM CA-CT-FWD0-02180.055820-SPS-1-22-73722002339 For APNfParcel ID{s}: 213-050-40-00 PARCEL 1: EXHIBIT "A" Legal Description LOT 1 OF PARCEL MAP NO. 11589, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 14, 1981, BEING A DIVISION OF LOT 8 OF CARLSBAD TRACT NO. 73-49 (C. C. & F. PALOMAR AIRPORT BUSINESS PARK) UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 8054, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. PARCEL 2: AN UNDIVIDED 1/6 TENANT IN COMMON INTEREST IN LOT 7, OF PARCEL MAP NO. 11589, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AUGUST 14, 1981, BEING A DIVISION OF LOT 8 OF CARLSBAD TRACT NO. 73-49 (C. C. & F. PALOMAR AIRPORT BUSINESS PARK) UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 8054, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. CL TA Preliminary Report FOffll -Modified (Adopte<:1: 11 17.2006) Printed: 08.30.21 @ 06:37 AM CA-CT-FWDO-02180.055820-SPS-1-21-73721 011857 Title No.: 73721011857-RCM AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2021-2022. 2. Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No .. Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: 213-050-40-00 2020-2021 $18,761.69 $18,761.69 None 09018 3. 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 tiUe to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 4. Water rights, claims or title to water, whether or not disclosed by the public records. 5. 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: Document. Buena Sanitation District. a County Sanitation District A County sanitation district January 5, 1965 1288, of Official Records The Route Thereof Affects a Portion of Said Land and is More Fully Described in Said 6. 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: Document. Buena Sanitation District, a County Sanitation District Sewer Lines September 21, 1965 171355, of Official Records The Route Thereof Affects a Portion of Said Land and is More Fully Described in Said 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Document. Buena Sanitation District Maintenance, Repair, Replacement, and Reconstruction of Sewer Pipe Lines September 16, 1974 74-250080, of Official Records The Route Thereof Affects a Portion of Said Land and is More Fully Described in Said The southeasterly 10 feet of said easement was vacated by document recorded February 1, 1984 as file no. 84-039773 Official Records. CL TA Preliminary Report Form -Modified (Adopted: 11.17.2006) Printed: 08.30.21 @06:37 AM CA-CT-FWOCHl2180.05S820-SPS-1-21-73721011857 Title No.: 73721011857-RCM 8. Covenants conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: October 1, 1974 Recording No: 74-263897 of Official Records Said covenants conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or trust deed made in good faith and for value. Modification(s) of said covenants conditions and restrictions Recording Date: Recording No.: December 31, 1974 74-337587, of Official Records Modification(s) of said covenants conditions and restrictions Recording Date: June 1, 1977 Recording No.: 77-212678, of Official Records Modification(s) of said covenants conditions and restrictions Recording Date: June 27, 1977 Recording No.: 77-252979, of Official Records 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Gas and Electric Company, a Corporation Purpose: Underground Facilities and Appurtenances for the Transmission and Distribution of Electricity, Pipelines and Appurtenances for Any and All Purposes Recording Date: October 8, 1981 Recording No.: 81-320417, of Official Records Affects: The Route Thereof Affects a Portion of Said Land and is More Fully Described in Said Document. The exact location and extent of said easement is not disclosed of record. 10. Covenants conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: February 24, 1982 Recording No: 82-049937 of Official Records Said covenants conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or trust deed made in good faith and for value. CL TA Preliminary Report Form -Modified (Adopted: 11.17.2006) Printed: 08.30.21 @ 06:37 AM CA--CT -FWD0-02180.055820-SPS-1-21-73721011857 Title No.: 73721011857-RCM 11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The Pacific Telephone and Telegraph Company Purpose: Recording Date: Underground communication facilities and aboveground equipment June 9, 1982 82-177009, of Official Records Recording No.: Affects: The Route Thereof Affects a Portion of Said Land and is More Fully Described in Said Document. The exact location and extent of said easement is not disclosed of record. 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Costa Real Municipal Water District Pipeline or Pipelines October 25, 1982 82-327844, of Official Records Recording No.: Affects: The Route Thereof Affects a Portion of Said Land and is More Fully Described in Said Document. 13. Recitals as shown on that certain map/plat Recording No: Parcel Map No. 11589:, of Official Records Which among other things recites "We Grant to the Public Lot 7 as a Public Access and Utility Easemenr (Cosmos Court) Reference is hereby made to said document for full particulars. 14. Any rights, interests or claims which may exist or arise by reason of the following matters disclosed by an inspection or survey: a. drainage over the north and west portions of Lot 1 herein described b. the fact that a transformer on a concrete pad serving Lot 1 encroaches onto Lot 2 on the south c. the fact that storm drain pipes and inlets running in Lot 1 pass under Lot 7 15. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor: Trustee: Beneficiary: Loan No: Recording Date: Recording No.: $1,315,000.00 November 19, 2001 Catalina Development, LLC PRLAP, Inc. Bank of America. N. A. 79912-1 November 30, 2001 2001-0873389 of Official Records An assignment of the beneficial interest under said deed of trust which names: Assignee: Loan No.: Recording Date: Recording No: U.S. Small Business Administration ALP494-628-4008 November 18, 2011 2011-0619503 of Official Records CL TA Preliminary Report Form -Modified (Adopted: 11.17.2006) Printed: 08.30.21 @ 06:37 AM CA-CT--FWDD-02180.055820-SPS-1-21-73721 011857 Title No.: 73721011857-RCM 16. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document EntiUed: Lessor: Lessee: Recording Date: Recording No.: Subordination Agreement -Lease Catalina Development, LLC Catalina Design Group November 30, 2001 2001-0873391 Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 17. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document EntiUed: Lessor: Lessee: Recording Date: Recording No.: Subordination Agreement Catalina Development, LLC, a California Limited Liability Company Catalina Communications, Inc., a Califomia Corporation dba Catalina Design Group November 26, 2003 2003-1419056 Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 18. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No.: Subordination Agreement Catalina Development, LLC Universal Data Services, LLC, a Delaware limited liability company November 26, 2003 2003-1419057 Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 19. Easement{s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Coxcom, Inc. d/b/a Cox Communicaitions San Diego, a Corporation Purpose: Construct, place, operate, repair, inspect, maintain, replace and remove such undergroun telecommunication equipment as grantee may require from time to time, consisting of one or more lines of cables, wires, conduits, pedestals and necessary fixtures and appurtenances, in, under, and upon the herein after described easement, together with the right to ingress and thereto and egress Recording Date: August 13, 2009 Recording No.: 2009-0453965, Official Records Affects: the exact location and extent of said easement is not disclosed of record. 20. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor: Trustee: Beneficiary: Loan No: Recording Date: Recording No.: $2,598,000.00 June 26, 2015 Catalina Development, LLC, a California Limited Liability Company JPMorgan Chase Bank, N.A. JPMorgan Chase Bank, NA Now shown June 29, 2015 2015-0337468 of Official Records CL TA Preliminary Report fonn • Modlfl&d (Adopted: 11.17.2006) Printed: 08.30.21 @ 116:37 AM CA---CT-FWD0-02180.055820..SPS-1-21-73721011657 Title No.: 73721011857-RCM 21. The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: Catalina Development LLC, a California limited liability company a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e) If less than all members, or managers, as appropriate. will be executing the closing documents, furnish evidence of the authority of those signing The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 22. 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. 23. 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. 24. Any 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. 25. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(ies), Party(ies): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. END OF EXCEPTIONS CLTA Preliminary Rel)Ort Form -Modified (Adopted: 11.17.2006) Printed: 08.30.21 @ 06:37 AM CA-CT-FW00-02180.055820-SPS-1-21-73721011857 Title No.: 73721011857-RCM NOTES Note 1. 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. Note 2. If a county recorder, title insurance company, escrow company, real estate agent or association provides a copy of the declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold faced typed and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. Note 3. Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancserv or other approved third-party service. If the above requirements cannot be met, please call the company at the number provided in this report. Note 4. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. Note 5. The Company and its policy issuing agents are required by Federal law to collect additional information about certain transactions in specified geographic areas in accordance with the Bank Secrecy Act. If this transaction is required to be reported under a Geographic Targeting Order issued by FinCEN, the Company or its policy issuing agent must be supplied with a completed ALTA Information Collection Form CICFft) prior to closing the transaction contemplated herein. Note 6. The application for title insurance was placed by reference to only a street address or tax identification number. The proposed Insured must confirm that the legal description in this report covers the parcel(s) of Land requested to be insured. If the legal description is incorrect, the proposed Insured must notify the Company and/or the settlement company in order to prevent errors and to be certain that the legal description for the intended parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. Note 7. A Preliminary Change of Ownership form is required upon a change in ownership of the Land. Section 480 of the Revenue and Taxation Code of the State of California requires that a grantee of real property complete a Preliminary Change of Ownership statement, which is to be filed at the time that a grant deed is recorded. tn the event that the statement is not completed and presented at the time of the recording of the deed, the . County Recorder will assess the grantee an additional charge to record the deed. In addition to the additional charge at the time of recording, the County Assessor may assess additional fees and penalties for failure to file the Ownership Statement within the required time. Note 8. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. CL TA Preliminary Report Form· Modified (Adopted: 11.17.2006) Printed: 08.30.21 @ 06:37 AM CA-CT -FWDD-02180.055820-SPS-1-21-737210111!57 Title No.: 73721011857-RCM Note 9. Note: None of the items shown in this report will cause the Company to decline to attach ALT A Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. Note 10. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land commercial building, known as 2261 Cosmos Court, Carlsbad, CA, to an Extended Coverage Loan Policy. END OF NOTES CLTA Preliminary Re,iort FomJ -Modified (Adopted: 11.17.2006) Printed: 08.30.21 @ 06:37 AM CA.CT --FWD~2180.055820-SPS-1-21-73721 011857 ATTACHMENT ONE CALIFORNIA LAND 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 regulaUon {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 Of notice of a defect, Jien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Po!icy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, advefse 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 lo 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. unenforceabllity 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 \aw. 6. Any claim, which arises out of the transaction vesting in the insured the estate or 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 Of similar creditors' nghts 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 thefeof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. {a) Unpatented mining claims; (b} reservations or exceptions in patents Of in Acts authorizing the issuance thereof; (cl water rights, claims or title to water, whether or not the matters excepted under {a}, (b) or (c) are shown by the public recOfds. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Attachment One (05/06116) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12.02-13) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, Yoo are not insured against loss, costs. attomeys' 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 I. environmental protection. This Exclusion does not limit the coverage descnbed 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 Yoo at the Policy Date, but not to Us, unless they are recorded in the Public Records al the Policy Date: c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7. 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors· rights laws, 8. Contamination. explosion, fire. flooding, vibration, fracturing, earthquake or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as foliows: 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 " $2,500.00 (whichever is less} 1.00% of Policy Amount Shown in Schedule A $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A $5,000.00 (whichever is less} 1.00% of Policy Amount Shown in Schedule A $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $ 10,000.00 $ 25,000.00 $ 25,000.00 $ 5,000.00 Attachment One (05106/16) ATTACHMENT ONE (CONTINUED) 2006 AL TA LOAN POLICY (06-17--06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded ffom the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees. or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting. or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii} the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or hmit the coverage provided under Covered Risk 5. (bl 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 lo the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceabillty of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy. state insolvency, or similar creditors' rights laws. that the transaction creating the lien of the Insured Mortgage, is {a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not 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: [PARTI [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 reCOfdS of such agency or by the Public Records. 2. Any facts. rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. {a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a). (b), or {c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records.] PARTII In addition to the matters set forth in Part I of this Schedule, the Tille is s1Jbject 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:] Attachment One (05/06116) ATTACHMENT ONE (CONTINUED) 2006 AL TA 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, pemiit. 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 a1 Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or {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 stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authorily 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 riot pay costs, attorneys' fees, or expenses that arise by reason of: [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records: (b) proceedings by a public agency that may result in taxes or assessments. or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights. interests, or claims that are not shown 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, vlolation, variation. or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records.] 7. [Variable exceptions such as taxes, easements, CC&R's, etc., shown here.] Attachment One (05/06/16) ATTACHMENT ONE (CONTINUED) 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 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, 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, 27or 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 l>ecause 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 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 tNth..ijn-lending law. This Exclusk>n does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is {a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27{b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing. earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (05106116) FIDELITY NATIONAL FINANCIAL CALIFORNIA PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or ''we") respect and are committed to protecting your privacy. This California Privacy Notice explains how we collect, use, and disclose Personal Information, when and to whom we disclose such information, and the rights you, as a California resident ("Consumer"), have regarding your Personal Information rcalifomia Privacy Rights"). Some subsidiaries maintain separate California Privacy Notices or privacy statements. If a subsidiary has a separate California Privacy Notice, it will be available on the subsidiary's website, and this California Privacy Notice does not apply. Collection of categories of Personal Information: In the preceding twelve (12) months FNF has collected, and will continue to collect, the following categories of Personal Information from you: • Identifiers such as name, address, telephone number, IP address, email address, account name, social security number, driver's license number, state identification card, financial information, date of birth, or other similar identifiers: • Characteristics of protected classifications under California or Federal law: • Commercial information, including records of personal property, products or services purchased, or other purchasing or consuming histories; • Internet or other electronic network activity information including, but not limited to browsing history, search history, and information regarding a Consumer's interaction with an Internet website: • Geolocation data; • Professional or employment information; • Education Information. This Personal Information is collected from the following sources: • Information we receive from you on applications or other forms: • Information about your transactions with FNF, our affiliates, or others; • Information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others; • Information from the use of our websites and mobile applications. This Personal Information Is collected for the following business purposes: • To provide products and services to you or in connection with a transaction involving you; • To perform a contract between FNF and the Consumer: • To improve our products and services: • To comply with legal obligations; • To protect against fraudulent or illegal activity; • To communicate with you about FNF or our affiliates; • To maintain an account with FNF or our affiliates; • To provide, support, personalize, and develop our websites, products, and services; • As described to you when collecting your personal information or as otherwise set forth in the California Consumer Privacy Act. Privacy Statement SCA0002597.doc Printe<.I. 08.30.21 @06:37 AM by AW CA-CT-FWDQ-02180.055820-73721011857 Disclosures of Personal Information for a business purpose: In the preceding twelve (12) months FNF has disclosed, and will continue to disclose, the categories of Personal Information listed above for a business purpose. We may disclose Personal Information for a business purpose to the following categories of third parties: • FNF affiliates and subsidiaries; • Non-affiliated third parties, as directed by you; • Businesses in connection with the sale or other disposition of all or part of the FNF business and/or assets; • Service Providers; • Law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order. Sale of Personal Information: In the preceding twelve (12) months, FNF has not sold Personal Information. FNF does not sell Personal Information. Personal Information of minors: FNF does not knowingly collect the Personal Information of minors. Right to know: Consumers have a right to know about Personal Information collected, used, disclosed, or sold. Consumers have the right to request FNF disclose what personal information it collected, used, and disclosed in the past twelve (12) months. Right to request deletion: Consumers have a right to request the deletion of their personal information. Right to non-discrimination: Consumers have a right not to be discriminated against by exercising their consumer privacy rights. We will not discriminate against Consumers for exercising any of their California Privacy Rights. Right to use an Authorized Agent: A Consumer may use an Authorized Agent to submit a request to know or a request to delete his or her information. Should a Consumer utilize an Authorized Agent, FNF will require the Consumer provide the agent written permission to make the request and verify his or her identity with FNF. To exercise any of your Callfornla Privacy Rights, please follow the link "California Privacy Request' or call Toll Free 888◄13-1748. Upon making a California Privacy Request, FNF will verify the consumer's identity by requiring an account, loan, escrow number, or other identifying information from the consumer. The above-rights are subject to any applicable rights and obligations including both Federal and California exemptions rendering FNF, or Personal Information collected by FNF, exempt from certain CCPA requirements. Privacy Statement SCA0002597.doc Printed: 08.30.21 @06:37 AM by AW CA-CT -FWDC--02180.055820-73721011857 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 describing the categories, sources, and uses of your Personal Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Information. FNF does not share Information collected through the Service Websites, except (1) as required or authorized by contract with the mortgage loan servicer or lender, or (2) 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. California Privacy Notice -Effective Date: This California Privacy Notice was last updated on January 14, 2021. Contact for more information: For questions or concerns about FNF's California Privacy Notice and privacy practices, or to exercise any of your California Privacy Rights, please follow the link "California Privacy.~ call Toll Free 888-413-1748, or by mail to the below address. We may use your Personal Information for our affiliates (companies owned by FNF) to directly market to you. If you do not want FNF affiliates to directly market to you, visit FNF's "Opt Out Page• or contact us by phone at (888) 934-3354, or by mail to: Pnvacy Statement SCA0002597.doc Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Printed: 08.30.21 @ 06:37 AM by AW CA-CT-FWDQ-02180.055820-73721011857 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Companies CTC -Chicago Title Company CL TC -Commonwealth Land Title Company FNTC -Fidelity National Title Company of California FNTCCA -Fidelity National Title Company of California TICOR -Ticor Title Company of California L TC -Lawyer's Title Company SLTC -Servicelink Title Company Available Discounts DISASTER LOANS (CTIC, CL TIC, FNTIC) Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company FNTIC -Fidelity National Title Insurance Company FNTIC -Fidelity National Title Insurance Company CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company CTIC -Chicago Title Insurance Company The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty percent (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available D~counts SCA.0002598.doc / Updated: 01.31 .2lJ Pnnted: 08.30.21 @ 06:37 AM by AW CA-CT ,FWD0-02180.055820-73721011857