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HomeMy WebLinkAboutCUP 15-04; AT&T NS0023 THE CROSSINGS; Conditional Use Permit (CUP)LEITER OF AUTHORIZATION APPLICATION FOR ZONING/USE PERMIT I, l'.v,lj > U. -~ ..... ~, flu< t>j<k M"'~ , on behalf of Owner of the below-described property, do hereby authorize DePratti Inc., authorized agent to AT&T Mobility, to submit any building or use permit applications necessary to insure AT&T's ability to use the property for the purpose of constructing, operating and maintaining a wireless communications facility. I understand that such application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. Property Address: 6013 "A" The Crossings Drive, Carlsbad, CA 92008 Assessor's Parcel Number: 212-270-01, 212-270-02, & 212-270-07 SignatureofPropertyOwnerRep: < ~ j~ 1 "s M -/ Name: Lv(r1 • .)~oV\ Title: \¼I 8:tt,-1<-M~ Date: Aur'" )5. ZOiio RECEIVC,.J FEB O 7 2017 CITY OF CA~<LSBAD PLANNING D\V\S,ON August 22, 2016 Jason Goff, Associate Planner Community & Economic Development Department Planning Division City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Greetings Jason, Please be advised that OePratti, Inc. is hereby authorized to act as agent on behalf of AT&T Mobility for the purpose of negotiating leases. performing stte vistts, equipment audits and other site development and maintenance related functions. If you have any questions regarding this matter, please phone me at 858-717-7908. Sincerely, j: C ;JR_ Kevin C. Becker AT&T Mobility Sr. Real Estate and Construction Manager (858)-717-7908 AT&T Mobility -San Diego 7337 Trade Street, JEast, Room 3684 San Diego, CA 92121-4202 { City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 'Tin /.J.,.,..,., to(\ Corp/Part ___________ _ Title p,.., l c.. (..1°" M ,.._ ~1Y"" Address / 1. ~ 'i 13 MJ 1..,, .. ,1_ .i..,~ Title ____________ _ Address, ____________ _ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). Jf the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, __________ _ Corp/Part, ___________ _ Title. __________ _ Title, ____________ _ Address, __________ _ Address, ___________ _ Page 1 of 2 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): CDP l'S"-(51 c..µe !S -<?', General Information 1. Name of project: AT&T The Crossings RECEIVED FEB O 7 2017 CITY Of' CARLSBAD PLANNIIJG DIVISION 2. Name of developer or project sponsor: _A_T_&_T_M____:co__:b_i_lit_,yc_ ________ _ Address: 7337 Trade Street City, State, Zip Code: San Diego, CA 92121 Phone Number: 503-519-8591 3. Name of person to be contacted concerning this project: _T_i_m_H_e_n_io_n _____ _ Address: 1264 Basswood Ave City, State, Zip Code: Carlsbad, CA 92008 Phone Number: 503-519-8591 4. Address of Project: 6013A The Crossings Drive Assessor's Parcel Number: 212-270-01,02 & 07 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. 7. 8. 9. Use permit and building permit Existing General Plan Land Use Designation: _O_,_p_e_n_S_,p.:..a_c____:ce ________ _ Existing zoning district: _C.:.._;_a:_r_ls_b_a_d ________________ _ Existing land use(s): open sapce golf course Proposed use of site (Project for which this form is filed): wireless communications facility Project Description 10. Site size: less than 500 square feet 11. 12: 13. 14. P-1(0) Proposed Building square footage: _4_5_6_S_q~ft _____________ _ Number of floors of construction: _1 _________________ _ Amount of off-street parking provided: _N_A _______________ _ Associated projects: _N_A ____________________ _ Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: ~N_,,_A_,_ _______ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: """'''--------------------- 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _N_A ____ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: """-''-------- 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: s":c•c_ __________________ _ P-1(0} Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial O @ alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D IZ] roads. 22. Change in pattern, scale or dlaracter of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water. sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: D D D D D D D D D D 0 0 0 0 0 0 0 0 0 0 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores. etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification l hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: 1/30/2017 Signature: ---::::::==:,I / ==:, For: AT&T Mobility P-1(0) Page 4 of 4 Revised 07110 STEP 4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Pennit 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. D D Total proposed newly created or replaced impervious area (B) = SQ. ft. Percent Impervious area created or replaced (B/A)*100 = % If you answered "yes•, the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "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. check the first box stating "My project is a PDP ... • and complete aooticant information. Go to step 5, check the STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION IZl My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. I understand I must 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 part of these requirements, I will 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 PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. 0 My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: nm Henion Applicant Title: Agent for AT&T Mobility Applicant Signature: ,,..-P \~ Date: 2/6/2017 .. .. • Environmentally Sens11ive Areas include but are not l1m1ted to all Clean Water Act Section 303(d) ImpaIred water bod,es, areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the Stllte Water Resources Control Board (Water Quality Control Plan ror the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been Identified by the City. This Box for C#y Use Only YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page4of4 REV02/16 • Site Name: Carlsbad Golf Course Site FA: 10546459 Table of Contents e ! WATERFORD 1 General Summary ....................................................................................................... 3 1.1 Stte Summary ....................................................................................................... 3 2 Site Scale Map ............................................................................................................ 4 3 Antenna Inventory ....................................................................................................... 6 4 Predicted Emission Levels and Discussion ................................................................. 7 4.1 Predictive AT&T Mobility's RF Contribution Only on the Stte ............................... 8 4.2 Predictive RF Contribution from All Sources on the Site .................................... 14 4.3 Predictive RF Contribution from All Sources at Ground Level ............................ 17 5 Statement of Compliance .......................................................................................... 18 5.1 Statement of AT&T Mobility Compliance ............................................................ 18 5.2 Compliance Requirement Diagram ..................................................................... 19 6 Appendix A ................................................................................................................ 20 6.1 Technical Framework ......................................................................................... 20 7 Appendix B ................................................................................................................ 24 7.1 Qualifications of Waterford Consultants, LLC ..................................................... 24 8 Appendix C ................................................................................................................ 25 8.1 RoofMaster™ ..................................................................................................... 25 9 Appendix D ................................................................................................................ 26 9.1 Statement of Limiting Conditions ........................................................................ 26 RF-17--0023 AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2016 AT&T Intellectual property. All rights reserved. Site Name: Carlsbad Golf Course Site FA: 10546459 1 General Summary 1.1 Site Summary Existinn RF Sinn(s} at Access Point(s) Existing RF Sign(s} at AT&T Mobility Sectors Existina Barriers at AT&T Mobilitv Sectors Max Predictive Spatial Average MPE% & Location on Site iGeneral Public, Max Predictive Spatial Average MPE% at Walkable Surface (General Public) Max Predictive Spatial Average MPE% at Ground (General Public\ RF-17-0023 e ! WATERFORD None Alpha: None Beta: None Gamma: None Delta: None None 2153.63% in front of AT&T Mobility Delta Sector Antenna #13 5.8% below AT&T Mobility Delta Sector Antenna #13 5.8% MPE AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2016 AT&T Intellectual property. AU rights reserved. Site Name: Carlsbad Golf Course Site FA: 10546459 ~ WATERFORD Ant# 1 1 2 3 3 4 5 5 8 7 7 8 9 9 10 11 11 12 13 13 14 15 15 16 17 17 17 17 18 18 18 18 3 Antenna Inventory o-~rator AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T Verizon Verizon Verizon Verizon Verizon Verizon Verizon Verizon Horizontal I Antenna Beam Length/ Antenna TX Line Total Frequency Az width Aperture Gain GMS LTE UMTS Power Loss ERP X y Antenna Make Antenna Modal T"-(MHz\ 'd~ Downli1t {d~' {ft) fdBdl Radios Radios Radios =atts <dB watt, ft ft COMMSCOPE SBNHH-1 D65B OODT Panel 70-0 0 0 68 8.1 12.38 0 1 0 60 2.0 655 77 10 COMMSCOPE SBNHH-1 D65B OODT Panel 1900 0 0 66 6.1 15.89 0 1 0 160 2.0 3917 77 10 COMMSCOPE SBNHH-1 D658 OODT Panel 210-0 0 0 63 6.1 16.44 0 1 0 160 2.0 4446 80 10 COMMSCOPE SBNHH-1D65B OODT Panel 2300 0 0 58 6.1 16.27 0 1 0 100 2.0 2672 82 10 COMMSCOPE SBNHH-1065B OODT Panel 850 0 0 66 6.1 12.67 0 1 0 80 2.0 933 82 10 COMMSCOPE SBNHH-1065B OOOT Panel 850 0 0 68 6.1 12.67 0 1 0 0 2.0 0 85 10 COMMSCOPE SBNHH-10658 OODT Panel 700 90 0 68 6.1 12.38 0 1 0 60 2.0 655 88 6 COMMSCOPE SBNHH-10658 OODT Panel 1900 90 0 88 6.1 15.89 0 1 0 160 2.0 3917 88 6 COMMSCOPE SBNHH-10658 OODT Panel 2100 90 0 63 6.1 16.44 0 1 0 160 2.0 4448 88 3 COMMSCOPE SBNHH-1 D65B OOOT Panel 2300 90 0 58 8.1 16.27 0 1 0 100 2.0 2672 88 1 COMMSCOPE SBNHH-1 D65B OODT Panel 850 90 0 88 6.1 12.67 0 1 0 80 2.0 933 88 1 COMMSCOPE SBNHH-1 D658 OODT Panel 850 90 0 66 6.1 12.67 0 1 0 0 2.0 0 88 2 COMMSCOPE SBNHH-10658 OODT Penal 700 180 0 68 6.1 12.38 0 1 0 60 2.0 655 85 5 COMMSCOPE S8NHH-t 0658 OODT Panel 1900 180 0 66 6.1 15.89 0 1 0 160 2.0 3917 85 5 COMMSCOPE S8NHH-1D65B OODT Panel 2100 180 0 63 6.1 16.44 0 1 0 160 20 4446 82 5 COMMSCOPE SBNHH-10658 OODT Panel 2300 180 0 58 6.1 16.27 0 1 0 100 2.0 2672 80 5 COMMSCOPE SBNHH-10658 OODT Panel 850 180 0 66 6.1 12.67 0 1 0 80 2.0 933 80 5 COMMSCOPE SBNHH-1 D658 OODT Panel 850 180 0 66 6.1 12.67 0 1 0 0 2.0 0 77 5 COMMSCOPE SBNHH-1 D658 OODT Panel 700 270 0 68 8.1 12.38 0 1 0 60 2.0 655 74 2 COMMSCOPE SBNHH-10658 OODT Panel 1900 270 0 66 8.1 15.89 0 1 0 180 2.0 3917 74 2 COMMSCOPE SBNHH-10658 OOOT Panel 210-0 270 0 63 8.1 16.44 0 1 0 180 2.0 4446 74 1 COMMSCOPE SBNHH-10658 OOOT Panel 2300 270 0 58 6.1 16.27 0 1 0 100 2.0 2672 74 3 COMMSCOPE S8NHH-1D658 OOOT Panel 850 270 0 66 6.1 12.67 0 1 0 80 2.0 933 74 3 COMMSCOPE S8NHH-1 D658 OOOT Panel 850 270 0 66 6.1 12.67 0 1 0 0 2.0 0 74 6 GENERIC PANELOODT Panel 700 90 0 70 6.0 12.90 0 0 0 103 0.0 2000 3 18 GENERIC PANELOODT Panel 850 90 0 67 6.0 13.10 0 0 0 98 0.0 2000 3 18 GENERIC PANEL OODT Panel 1900 90 0 57 6.0 16.10 0 0 0 30 o.o 1219 3 18 GENERIC PANEL OODT Panel 2100 90 0 65 6.0 15.70 0 0 0 33 o.o 1219 3 18 GENERIC PANEL OODT Panel 700 270 0 70 6.0 12.90 0 0 0 103 o.o 20-00 2 18 GENERIC PANEL OODT Panel 850 270 0 67 6.0 13.10 0 0 0 98 o.o 2000 2 18 GENERIC PANEL OODT Panel 1900 270 0 57 6.0 16.10 0 0 0 30 o.o 1219 2 18 GENERIC PANEL OOOT Panel 210-0 270 0 65 6.0 15.70 0 0 0 33 o.o 1219 2 18 Note. waterton:f Consultants, LLC has assumed transm1ss1on parameters for Unknown RF emitters based on s1m1lar mstallations found at other radm communications sites. Generic antenna models have been used whero existing antenna part numbers or radiation patterns are not available. The freqU6ncies presented in this table may have been assumed in order to represent the approximate band of operation and to support a worst-case calculation of power density. RF-17-0023 AT&T Proprietary (Internal use only). Not for use or dtscloaure outside the AT&T companies, except under written agreement. ©2016 AT&T Intellectual property. All rlghta reserved. Antenna Bottom Tip Height - Ground Level (Oft) 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 26.0 29.1 29.1 29.1 29.1 29.1 29.1 29.1 29.1 Site Name: Car1sbad Golf Course Site FA: 10546459 ~ WATERFORD 4 Predicted Emission Levels and Discussion The following plots show the spatial average predicted power density levels in the reference plane indicated as a percentage of the General Public Limits. Please note that 100% of the General Public Limits corresponds to 20% of the Occupational Limits. The reference plane for the plot is the roof level, as indicated in the caption. For example, "Avg 10 to 16 Feet" refers to the spatial average predicted power density level between 10 and 16 feet above the main level. Plots are produced for each accessible level. Levels that are not accessible will not be shown. Only accessible areas in a plot are relevant. Areas not accessible or in free space, off the edge of a roof or equipment penthouse, do not affect compliance. RF-17--0023 AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. @2016 AT&T Intellectual property. All rights reserved. Page 7 Site Name: Carlsbad Golf Course Site FA: 10546459 6 Appendix A 6.1 Technical Framework @ i WATERFORD The FCC requires licensees to ensure that persons are not exposed to radiofrequency electromagnetic energy power densities in excess of the applicable MPE (Maximum Pennissible Exposure) limits. These rules apply to both Occupational Personnel and the General Population. Applicable FCC rules are found at 47 C.F.R. § § 1.1307(b)(3) and 1.1310. The FCC rules define two tiers of permissible exposure differentiated by the situation in which the exposure takes place and/or the status of the individuals who are subject to exposure. General Population I uncontrolled exposure limits apply to those situations in which persons may not be aware of the presence of electromagnetic energy, where exposure is not employment-related, or where persons cannot exercise control over their exposure. Occupational / controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment, have been made fully aware of the potential for exposure, and can exercise control over their exposure. Maximum Permissible Exposure C-MPE") is defined in OET 65 as being 100% of the exposure limits for the situation or tier of permissible exposure. These limits are listed as follows: Limits for Occu "ational/Controlled Exnosure Frequency Electric Magnetic Power Averaging Time Range (MHz) Field Field (H) Density (S) IEl2, IHI' ors Strength (E) (Alm) (mW/cm2) (minutes) IV/ml 0.3-3.0 614 1.63 r1 oor 6 3.0-30 1842/f 4.89/f (900/12)' 6 30-300 61.5 0.163 1.0 6 300-1500 -f/300 6 1500-100,000 -5 6 Limits for General P-ulatlon/Uncontrolled Exnnsure Frequency Electric Magnetic Power Averaging Time Range (MHz) Field Field (H) Density (S) IEl2, IHI' or S Strength (E) (Alm) (mW/cm2) (minutes) /V/ml 0.3-1.34 614 1.63 11001· 30 1.34-30 842/f 2.19/f (180/12)' 30 30-300 27.5 0.073 0.2 30 300-1500 -f/1500 30 1500-100,000 -1.0 30 f = frequency In MHz •Plane-wave equivalent power density RF-17-0023 AT&T Proprietary (Internal use onty). Not for use or disclosure outside the AT&T companies, except under written agreement ©2016 AT&T lnteltectual property. All rights reserved. -20 Site Name: Carlsbad Golf Course Site FA: 10546459 ~ I WATERFORD FCC regulations regarding Radiofrequency radiation exposure. expressed in 47 CFR § 1.131 O are further clarified with respect to the value of 5% of exposure limits for the subject transmitters in the following section of 47 CFR § 1.1307 (b): (3) In general, when the guidelines specified in § 1.1310 are exceeded in an accessible area due to the emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared responsibility of all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power density exposure limit applicable to their particular transmitter or field strength levels that, when squared, exceed 5% of the square of the electric or magnetic field strength limit applicable to their particular transmitter. Owners of transmitter sites are expected to allow applicants and licensees to take reasonable steps to comply with the requirements contained In § 1.1307(b) and, where feasible, should encourage co-location of transmitters and common solutions for controlling access to areas where the RF exposure limits contained in § 1.1310 might be exceeded. Following these FCC requirements, predictive modeling has been performed to evaluate power density resulting from client transmitters as a percentage of the power density MPE limit applicable to their transmitters. These results are presented in Section 4. The site should be routinely inspected and this or a similar report updated with any changes to the RF environment including: • Adding new antennas • Removing of any existing antennas • Change in the radiating power or number of RF emitters Waterford Consultants, LLC recommends coordinating with all wireless tenants before performing services in front of or near any transmitting antennas. During these activities, it may be appropriate to utilize LockouVTagout Procedures as specified in ATT-002-290-078, "RF Exposure: Responsibilities, Procedures & GuidelinesH for scheduled outages to eliminate RF hazards during these activities. RF-17-0023 AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreemanL ©2018 AT&T Intellectual property. All rights reserved. Page 23 • Site Name: Carlsbad Golf Course Site FA: 10545459 8 Appendix C 8.1 RoofMaster"' ~ WATERFORD RoofMaster™ is the software package that Waterford Consultants, LLC created to model RF environments associated with multiple emitters where the potential exists for human exposure. Based on the computational guidelines set forth in OET Bulletin 65 from the Federal Communications Commission (FCC), RoofMasterlM considers the operating parameters of specified RF sources to predict the overall Maximum Permissible Exposure possible at a given location. These theoretical results represent worst-case predictions as emitters are assumed to be operating at 100% duty cycle. From the FCC document: "The revised OET Bulletin 65 has been prepared to provide assistance in determining whether proposed or existing transmitting facilities, operations or devices comply wffh limits for human exposure to radiofrequency (RF) fields adopted by the Federal Communications Commission (FCC). The bulletin offers guidelines and suggestions for evaluating compliance." http://transition.fee.gov/Bureaus/Engineering_ T echnology/Documents/bufletins/oet65/oet65.pdf RF•17--0023 AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under wrftten agreement. @2016 AT&T lnteHectual property. All rights reserved. Page25 • Site Name: Carlsbad Gott' Course Site FA: 10546459 e WATERFORD 9 Appendix D 9.1 Statement of Limiting Conditions Waterford Consultants, LLC has received data pertaining to RF environment provided by the client. Waterford Consultants, LLC will not be responsible for matters of a legal nature that affect the site or property. The property has been analyzed under the premise that it is under responsible ownership and management and our client has the legal right to conduct business at this facility. Due to the complexity of some wireless sites, Waterford Consultants, LLC has created this report utilizing best industry practices and due diligence. Waterford Consultants, LLC cannot be held accountable or responsible for anomalies or discrepancies due to actual site conditions {i.e., mislabelling of antennas or equipment, inaccessible cable runs, inaccessible antennas or equipment, etc.) or information or data supplied by Wireless Carrier. the site manager, or their affiliates, subcontractors or assigns. Waterford Consultants, LLC has provided the results of a computer generated model in this MPE Site Compliance Report to show approximate dimensions of the site, and the model results is included to assist the reader of the compliance report to visualize the site area, and to provide supporting documentation for Waterford Consultants, LLC recommendations. Waterford Consultants, LLC will not be responsible for any existing conditions or for any engineering or testing that might be required to discover whether adverse safety conditions exist Because Waterford Consultants, LLC is not an expert in the field of mechanical engineering or building maintenance. this MPE Site Compliance Report must not be considered a structural or physical engineering report. Waterford Consultants, LLC obtained information used in this MPE Site Compliance Report from sources that Waterford Consultants, LLC considers reliable and believes them to be true and correct. Waterford Consultants, LLC does not assume any responsibility for the accuracy of such items that were furnished by other parties. RF-17-0023 AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2016 AT&T Intellectual property. All rights reserved. Page 26 • File No: 08024623 SCHEDULE A The form of policy of title insurance contemplated by this report is: A Preliminary Report Only The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: City of Carlsbad The land referred to herein is situated in the County of SAN DIEGO, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form -Modified (11-17-06) Page 2 File No: 08024623 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Lots 1, 2 and 7 of City of Carlsbad CT 09-03, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 15902, recorded in the office of the County Recorder of said County on March 4, 2013. Assessor's Parcel Number: 212-270-01, 02, 07 CLTA Preliminary Report Form -Modified (11-17-06) Page 3 File No: 08024623 SCHEDULE B -Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Publlc 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 clalms 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 of material not shown by the Public Records. CLTA Preliminary Report Form -Modified (11-17-06) Page 4 Fite No: 08024623 SCHEDULE B -Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2015-2016. B. There were no taxes levied for the fiscal year 2014-2015 as the property was vested in a public entity. c. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. D. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) in favor of the public over any existing roads lying within said Land. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: San Diego County public road October 5, 1899 in Book 280, Page 292 of Deeds The exact location and extent of said easement is not disclosed of record. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company, a Corporation public utilities April 15, 1954 in Book 5205, Page 416 of Official Records said land more particularly described therein. 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: San Diego Gas & Electric Company public utilities April 15, 1954 in Book 5205, Page 419 of Official Records said land more particularly described therein. CLTA Preliminary Report Form -Modified (11-17-06) Page 5 Fi!e No: 08024623 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: San Diego Gas & Electric Company public utilities May 3, 1954 in Book 5225, Page 397 of Official Records a portion of said land 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: San Diego Gas & Electric Company public utilities May 3, 1954 in Book 5225, Page 400 of Official Records a portion of said land 8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company public utilities May 6, 1954 in Book 5230, Page 131 of Official Records a portion of said land 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company public utilities September 28, 1954 in Book 5378, Page 93 of Official Records a portion of said land 10. Easement(s) for the purpose{s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company public utilities August 14, 19S7 in Book 6706, Page 514 of Official Records a portion of said land 11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company public utilities September 27, 1957 in Book 6767, Page 25 of Official Records a portion of said land CLTA Preliminary Report Form -Modified (11-17-06) Page 6 File No: 08024623 12. Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, 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: June 10, 1960 Recording No: as Instrument No. 118922 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 13. The privilege and right to extend drainage structures, excavation and embankment slopes beyond the limits of Road Survey No. 1534 where required for the construction and maintenance of said road as granted in deed recorded February 16, 1960 as Instrument No. 31696 and August 16, 1960 as Instrument No. 165716 both of Official Records. Said instrument further recites: And the said grantor does hereby waive all claim for compensation for any and all damages on account of the location, establishment and construction of said highway. 14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company public utilities May 11, 1961 as Instrument No. 81362 of Official Records a portion of said land 15. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company public utilities May 15, 1961 as Instrument No. 82981 of Official Records a portion of said land 16. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District pipelines for any and all purposes, together with their necessary fixtures and appurtenances, including, but not limited to, conduits and cables for power transmission and communication purposes October 19, 1961 as Instrument No. 181401 of Official Records a portion of said land CLTA Preliminary Report Form -Modified (11-17-06) Page 7 File No: 08024623 17. 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: 18. Easement(s) for the document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District, a municipal water district ingress and egress July 27, 1962 as Instrument No. 127706 of Official Records a portion of said land purpose(s) shown below and rights incidental thereto, as granted in a Carlsbad Municipal Water District pipeline July 27, 1962 as Instrument No. 127707 of Official Records a portion of said land 19. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company public utilities August 8, 1962 as Instrument No. 135132 of Official Records a portion of said land 20. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company public utilities August 8, 1962 as Instrument No. 135140 of Official Records a portion of said land 21. Easement(s) for the purpose(s) shown below and rights Incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District pipeline or pipelines January 16, 1963 as Instrument No. 9115 of Official Records a portion of said land 22. 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: Pacific Telephone and Telegraph Company underground communication structures May 26, 1965 as Instrument No. 94777 of Official Records a portion of said land CLTA Preliminary Report Form -Modified (11-17-06) Page B File No: 08024623 23. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company public utilities March 2, 1965 as Instrument No. 36709 of Official Records a portion of said land 24. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company public utilities May 26, 1965 as Instrument No. 94777 of Official Records a portion of sald land 25. An easement for roadway and utility, being a 66 foot strip of land and incidental purposes as disclosed by Record of Survey Map No. 7938. 26. The rights of the public in and to that portion of the herein property lying within Hidden Valley Road as disclosed by Record of Survey Map No. 7938 on file in the office of the County Assessor of San Diego County. 27. An irrevocable offer to dedicate an easement over a portion of said Land for Purpose(s): Recording Date: Recording No: Affects: public right of way September 7, 1977 as Instrument No. 77-367341 of Official Records said land more particularly described therein. 28. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company, a Corporation public utilities April 8, 1986 as Instrument No. 86-134919 of Official Records a portion of said land 29. The privilege and right to extend drainage structures, excavation and embankment slopes beyond the limits of Hidden Valley Road where required for the construction and maintenance of said road as granted in deed recorded November 30, 1988 as Instrument No. 88-611268 of Official Records. Said instrument further recites: The granter, for itself, its successors and assigns, hereby waives any claim for any and all damages to grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, reconstruction or landscaping of said highway in the manner proposed. CLTA Preliminary Report Form -Modified (11-17-06) Page 9 Fite No: 08024623 30. The privilege and right to extend drainage structures, excavation and embankment slopes beyond the limits of Palomar Airport Road where required for the construction and maintenance of said road as granted in deed recorded November 30, 1988 as Instrument No. 88-611269 of Official Records. Said instrument further recites: The grantor, for itself, its successors and assigns, hereby waives any claim for any and all damages to grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, reconstruction or landscaping of said highway in the manner proposed. 31. The matters contained in a document entitled "Agreement to Pay Drainage Fees as Required by the Growth Management Program and the Adopted Local Facilities Management Plan for Zone 5.PE 2.91.27, CT 85-17" recorded November 27, 1991 as Instrument No. 91-0616245 of Official Records. Reference is made to said document for full particulars. 32. The matters contained in a document entitled "Hold Harmless Agreement Drainage CT 85-17" recorded November 27, 1991 as Instrument No. 91-0616316 of Offic!al Records. Reference is made to said document for full particulars. 33. The matters contained in a document entitled "Indemnity Agreement Palomar Airport Flight Path Restricted Zone CT 85-17 College Business Park" recorded December 10, 1991 as Instrument No. 91-0637551 of Official Records. Reference is made to said document for full particulars. 34. An offer and the rejection of said offer subject to the provisions of Section 66477.2 of the Government Code of the State of California for the dedication of that portion of Lot 2 of Map No. 12903 designated "Portion of Hidden Valley Road dedicated for Street and Public Utility Easement Purposes Hereon", as shown on the Map of said Tract, which provides that a rejected offer of dedication shall remain open and subject to future acceptance by the City of Carlsbad. 35. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said Map No. 12903. Affects: Palomar Airport Road 36. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said Map No. 12903. Affects: College Boulevard 37. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said Map No. 12903. Affects: Hidden Valley Road CLTA Preliminary Report Form -Modified (11-17-06) Page 10 File No: 08024623 38. Declaration of covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, 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 below document, which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith af\d for value: Recording Date: December 13, 1991 Recording No: as Instrument No. 91-0646772 of Official Records 39. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District, a public agency water line March 11, 1992 as Instrument No. 92-0133693 of Official Records a portion of said land 40. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District, a public agency water line March 11, 1992 as Instrument No. 92-0133695 of Official Records a portion of said land 41. An offer of dedication for open space easement and declaration of restrictions and incidental purposes, recorded February 27, 1998 as Instrument No. 98-0103878 of Official Records. To: The California Coastal Commission 42. 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: Archstone-Smith Operating Trust, a Maryland Real Estate Investment Trust temporary easement for slope and construction purposes February 15, 2002 as Instrument No. 02-0135146 of Official Records a portion of said land 43. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: Record of Survey Map No. 16781 44. The terms and provisions contained in the document entitled "Irrevocable Offer to Dedicate Open Space and Conservation Easement and Declaration of Restrictionsu in favor of the California Coastal Commission, recorded March 16, 2005 as Instrument No. 05-0216282 of Official Records, as set forth in Map No. 15902. CLTA Preliminary Report Form -Modified (11-17-06) Page 11 File No: 08024623 45. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company, a Corporation utilities August 4, 2006 as Instrument No. 2006-0554084 of Official Records said land more particularly described therein. 46. The matters contained in a document entitled "Golf Course Site Lease" by and between City of Carlsbad, a municipal corporation and Carlsbad Public Financing Authority, a joint exercise of powers agency duly organized and existing under the laws of the State of California recorded December 20, 2006 as Instrument No. 2006-0900558 of Official Records. Reference is made to said document for full particulars. 47. The matters contained in a document entitled "Related Facilities Site Lease" by and between City of Carlsbad, a municipal corporation and Carlsbad Public Financing Authority, a joint exercise of powers agency duly organized and existing under the laws of the State of California recorded December 20, 2006 as Instrument No. 2006-0900559 of Official Records. Reference is made to said document for full particulars. 48. The matters contained in a document entitled "Golf Course Site Lease" by and between City of Carlsbad, a municipal corporation and Carlsbad Public Financing Authority, a joint exercise of powers agency duly organized and existing under the laws of the State of California recorded May 21, 2007 as Instrument No. 2007-0342216 of Official Records. Reference is made to said document for full particulars. 49. The matters contained in a document entitled "Related Facilities Site Lease" by and between City of Carlsbad, a municipal corporation and Carlsbad Public Financing Authority, a joint exercise of powers agency duly organized and existing under the laws of the State of California recorded May 21, 2007 as Instrument No. 2007-0342300 of Official Records. Reference is made to said document for full particulars. 50. The matters contained in a document entitled "Lease Agreement" by and between Carlsbad Public Financing Authority, a joint exercise of powers agency duly organized and existing under the Constitution and laws of the State of California and the City of Carlsbad recorded May 25, 2007 as Instrument No. 2007-0358125 of Official Records. Reference is made to said document for full particulars. 51. The matters contained in a document entitled "Resolution No. 2007-131 of the City Council, of the City of Carlsbad, California, Approving a Street Name Change, Renaming the portion of Hidden Valley Road located North of Palomar Airport Road to the Crossings Drive in the Northwest Quadrant, Case Name: Hidden Valley Road Street Name Change, Case No. SNC 07- 01" recorded June 20, 2007 as Instrument No. 2007-0416701 of Official Records. Reference is made to said document for full particulars. CLTA Preliminary Report Form -Modified (11-17-06) Page 12 File No: 08024623 52. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego County Water Authority tunnel March 18, 2014 as Instrument No. 2014-0105137 of Official Records said land more particularly described therein. 53. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to dosing. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form -Modified (11-17-06) Page 13 File No: 08024623 REQUIREMENTS SECTION: NONE CLTA Preliminary Report Form -Modified (11-17-06) Page 14 File No: 08024623 INFORMATIONAL NOTES SECTION NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 2: For wiring Instructions please contact your Title Officer or Title Company Escrow officer. NOTE NO. 3: Lawyers Title is a division of Commonwealth Land Title Insurance Company. The insurer in policies of title insurance, when issued in this transaction, will be Commonwealth Land Title Insurance Company. NOTE NO. 4: The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: a) If the Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. b) If the Company cannot obtain a verbal update on the demand, we will either pay off the expired demand or wait for the amended demand, at our discretion. c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure the check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Typist: tga Date Typed: February 6, 2015 CLTA Preliminary Report Form -Modified (11-17-06) Page 15 Attachment One (Revised 06-05-14) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of 1his policy and the Company will mil pay loss or damage, costs, attorneys' fees or expenses wt11ch arise by reason of: 1. {a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws. ordinances. or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or en)Oyment of the land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in -ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part; or (iv} environmental protection. or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. {b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or noLice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date ol Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this polk:y; {c) resulting in no loss or damage to the insured claimant: {d) attaching or created subsequent to Date of Policy: or {e) resulting in loss or damage which would not have been sustained ii the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transactior, e~idenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest Insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests. or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies. conflicts in boundary lines, shortage in area. encroachments, or any other facts which a correct survey would disclose. and which are not shown by the public records. 5. (a) Unpatented mining claims; {b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or@e 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. CLT A 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, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. buHding; b. zoning: c. land use: d. improvements on the Land; e. land division; and I. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19. 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning 1t. This Exclusion does not limit the coverage described in Co~ered Risk 17. 4. Risks· a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; © California Land TIUe Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Repnnted under license or express permission from the California Land Title Association. Page 16 File No: 08024623 b. that are Koown to You at the Policy Date, but oot to Us, unless they are recorded in the Public Records at the Policy Date: c. that result in no loss to You: or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26. 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a nght: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A: and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Tille to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under fei.Jeral bankruptcy, state insolvency. or similar creditor.;' rights laws. 8. Contamination, explosion, fire, flooding. vibration, fracturing, earthquake, or subsideoce. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, waler, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19. and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A Our Maximum Dollar limit of Liability Covered Risk 16: or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18· Covered Risk 19: Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 {whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less} 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $25,000.00 $25,000.00 $5,000.00 2006 ALTA LOAN 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} Arly law, ordinance, permit, or governmental regulation {including those relating to building and zoning) restricting, regulating, proh1b1ting, 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 providOO 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 lo the Insured Claimant; {d) attaching or creatOO subsequent to Date of Policy (however, this does not modify or limit the coverage provklOO under Covered Risk 11,13or14};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. Unenforceabilily 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 stale where the Land is situated. 5. Invalidity or unenforceabil1ty in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidencei.J by Ille 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 bankn.iptcy, 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. © California Land TIiie Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Page 17 FHe No: 08024623 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Dale 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 fom, 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, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: PART I The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspeclion of the Land or that may DB asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or daims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation. variation, or adverse circumstance affecLing 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. PART II In addition to the matters set forth in Part I of this Schedule, the Trtle is subject to the following matters, and the Company insures againsl loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage: 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1, (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning} restric!ing. regulating, prohibiting, or relating to {i) the occupancy. use. or enjoyment of the Land; {ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection: or the effect of any violation of these laws, ordinances, or governmental regulations, This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances. adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant: (b) not Known to the Company. not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant t>ecame 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 9and 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 slated in Covered Risk g of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching t>etween Date of Policy and the date of recording of the deed or other instrument of transfer in lhe Public Records that vests Title as shown in Schedule A. The above policy fom, 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: li:XCEPTIONS FROM COVERAGE This policy does not insure against loss or damage. and the Company will not pay costs. attorneys' fees or expenses, that arise by reason of. The above policy fom, 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. © California Land Title Association. All rights reserved. The use of this Fom, is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express pem,ission from the California Land Title Association. Page 18 File No: 08024623 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or daims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation. variation, or adverse circumstance affecting the Trtle that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims: (b) reservations or e)(ceptions 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. AL TA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of lt11s policy and the Company will not pay loss or damage, costs, attorneys· fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use. or enjoyment of the Land: (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection: or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. 6, 13(c). 13(d}. 14 or 16. (b) Any governmental police power. This Exclusion 1(b} does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, Of agreed to by the Insured Claimant (b) not KnOW11 to the Company, not recorded in the Public Records at Date of Policy, but KnOW11 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 Polley (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23. 24, 27 or 28); or {e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in 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 doss not modify or limit the coverage provided in Covered Risk 11{b) or 25. 8. The failure of tlle 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, firs, 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. © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscnbers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Page 19 File No. 08024623 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. FNF Underwritten Title Company LTC -Lawyers Title Company Available Discounts DISASTER LOANS (CL TIC) FNF Underwriter CL TIC -Commonwealth Land Title Insurance Co. The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 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 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CL TIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discounts Mod. 10/21/2011 Page 20 FIDELITY ~ATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate-and loan-related services (collectively, "FNF", "our" or "we") respect and arc committed to protecting your privacy. This Privacy Notice lets you know how and for v,hat purposes your Personal lnfonnation (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Jnfonnation will only be used in ways that arc in compliance with this Privacy Notice. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection through any FNF website and any onlinc features, services and/or programs offered by FNF (collectively, the "Website"). This Privacy Notice is not applicable to any other web pages, mobile applications, ;ocial media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than FNF. Collection and Use or Information The types of personal infonnation !'NF collects may include, among other thingi, (collectively, "Personal Infonnation"): (1) contact infonnation (e.g., name, address, phone number, email address); (2) demographic infonnation (e.g., date of birth, gender marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SIN), driver's license, passport, and other government ID numbers; (5) financial account infonnation; and (6) infonnation related to offenses or criminal convictions. ln the course of our business, we may collect Personal Infonnation about you from the following sources: Applications or other fonns we receive from you or your authorized representative; lnfonnation we receive from you through the Website; Infonnation about your transactions with or services perfonned by us, our affiliates, or others; and From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. lnfonnation collected by FNF is used for three main purposes: To provide products and services to you or one or more third party service providers (collectively, "Third Partie~") who are obtaining services on your behalf or in connection with a transaction involving you. To improve our products and services that we pcrfonn for you or for Third Parties. To communicate with you and to infonn you about FNF's, FNF's affiliates and third parties' products and services. Additional Ways Information is Collected Through the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certam infonnation about each visitor. This infonnation may indude IP address, browser language, broW1>er type, operating system, domain names, browsing history (mcloding time spent at a domain, time and date of your visit), referringle;,,it web pages and URLs, and number of dicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie,. to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive and that can be re-sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does no! damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, bot some functionality of the Website may be impaired or not function as intended. See the Third Party Opt Out section below. Web Beacons, Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as '"clear gifs"). Web Beacons collect only limited infonnation that includes a cookie number: time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this infonnation to gather aggregate demographic infonnation about our visitors, and we may use it to personalize the infonnation you see on the Website and some of the electronic communications you receive from us. We keep this infonnation for our internal use, and this infonnation is not shared with others. Third Party Opt Out. Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous infonnation when you visit the Website. These companies may use non-personally identifiable infonnation (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized infonnation about your on line usage activity. You can opt-out of onlinc behavioral services through any one of the ways described below. After you opt-out, you may continue to receive ad\crtisements, but those advertisements will no longer be as relevant to you. File No: 08024623 You can opt-out via the Network Advertising Initiative industry opt-out at http://v.'Ww.networkadvertising.ond- You can opt-out via the Consumer Choice Page at www.aboutads.info. For those in the U.K., you can opt-out via the JAB UK's industry opt-out at www.youronlinechoices.com. You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) tu delete and/or control the use of cookies. More infonnation can be found in the Help system of your browser. Note: If you opt-out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt-out again. When Information Is Disclosed By FNF We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclo&ures may include, without limitation, the following: To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; To third-party contractors or service providers who provide services or perfonn marketing services or other functions on our behalf; To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena; or court orders; and/or To lenders. lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be detennined, settled, paid or released prior to a title or escrow closing. In addition to the other times when we might disclose infonnation about you, we might also disclose infonnation when required by law or in the good-faith belief that such disclosure is necessary to: ( l) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third parties; or (4) protect the rights, property or personal safety ofFNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non- Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our tmstcd business partners, some or all of which may store your infonnation on servers outside of the United States. We require that these panics agree to process such ,nfonnahon in compli;mce with our Privacy Notice or in a simllar, industry-standard manner, and we use reasonable efforts to limit their use of such infonnation and to use other appropriate confidentiality and security measures. The use of your infonnation by one of our trusted business partners may be subject to that party's 01.11 Privacy Notice. We do not, however, disclose information we collect from con,umer or credit reporting agencies with our atliliates or others without your consent, in conformity with apphcable law, unless such disclosure is otherwise permitted by Jaw. We also reserve the right to disclose Personal Information ,md/or non- Personal Information to take precautions against liability, investigate and defend agamst any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights. property, or personal safety of FNF, our users or others. We reserve tbe right to transfer your Personal lnfonnation, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the evt:nt of our bankruptcy, reorganization, msolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal lnfonnation or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthennore, we cannot and will not be responsible for any breach of security by any third panics or for any actions of any third parties that receive any of the infonnation that is disclosed to us. Information from Children We do not collect Personal lnfonnation from any person that we know to be under the age of thineen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth m this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal lnfonnation, but also that information that is voluntarily given by children -or others -in email exchanges, bulletin boards or tbe like may be used by other parties to generate unsolicited communications. FNf encourages all parents to instn.lct their children in the safe and responsible use of their Personal Information while using tbc Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be responsible for tbc privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers Fite No: 08024623 whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links. although we may share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine theJT privacy policies and your rights under them. European Union Users If you are a citizen of the European Union, please note that we may tnmsfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. Ry providing FNF with your Personal Infonnation. you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices with Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information. in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt ouf'). You may opt out of any disclosure or use of your Personal Information for purposes that arc incompatible with the purposc(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent ofFNF. As described above, there are some uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a pro,pective employee may prevent you from being hired as an employee by FNF to the extent that provision of your Personal Information is required to apply for an open position. lfFNF collects Personal lnformation from you. such information will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt ont of online behavioral advertising by following the instructions set forth above undcr the above section "Additional Ways That Information Is Collected Through the Website." subsection "Third Party Opt Out:' Access and Correction To access your Personal lnfonnation in the possession of FNF and correct inaccurn.cies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California Prh·acy Rights Under California's "Shine the Light" law. California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use arc enutlcd to request and obtain from us once a calendar year information about the customer infonnation we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g .. requests made in 2013 will receive information regarding 2012 sharing activities). To obtain this information on behalf of FNF. please send an email message tu privacy@fnf.com with "Request for California Privacy Jnfonnation" in the subject line and in the body of your message. We will provide the requested information to you at yoor email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally. because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires os to disclose how we respond to "do not trnck" requests and other similar mechani~mi. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. Your Consent to This Privacy Notice By submitting Personal lnfonnation to FNF, yoo consent to the co!lcction and use of information by us as specified above or as we otherwise see fit. in compliance with this Privacy Notice, unless you infom1 us otheJVdse by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information aod information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 privacy@fnf.com Copyright© 20)4. Fidelity National Financial. Inc. All Rights Reserved. EFFECTIVE AS OF: JANUARY 24, 2014 LAST UPDATED: JANUARY 24, 2014 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 I llllllll llll 111111111111111111111111 HI 1111111111111 Applicant: AT&T MOBILITY LLC/MCGEE KEVIN :Jescription CUP15004 Receipt Number: R0107327 Transaction Date: 02/25/2015 Pay Type Method Description Amount 3,865.67 Transaction ID: R0107327 Amount ---------- ------------------------------------ Payment Check 3,865.67 Transaction Amount: 3,865.67