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HomeMy WebLinkAboutCD 2022-0014; THERMOFISHER; Consistency Determination (CD)LANDSCAPED AREAS TO ALLOW TRUCK ACCESS. CITY OF CARLSBAD APPLICATION FORM FOR CONSISTENCY DETERMINATION APPLICATION CITY USE ONLY Development Number: D '£; V O G\ 0 I D Original Project Number: V LA.D oq bQD\. Consistency Determination Number: C,,O ~Q~.2 -OO1y, PROJECT NAME: TFS -OFFICE Tl MANUFACTURING LABS AND SUPPORT Assessor's Parcel Number(s) and Address: PARCEL 1 (212-130-44-00) 5781 VAN ALLEN WAY, CARLSBAD, CA 92008 Description of proposal (add attachment if necessary): CONVERSION OF AN EXISTING SHELL SPACE TO COMMERCIAL MANUFACTURING SUPPORT SPACES AND OFFICE Tl. ADJACENT CORRIDOR SPACES WILL BE REFINISHED AS PART OF SCOPE. Would you like to orally present your proposal to your assigned staff planner/engineer? Yes □ Please list the staff members you have previously spoken to regarding this project. If none, please so state. PAUL DAN AND JEREMY RIDDLE OWNER NAME (Print): BA Leasing BSC, LLC by Life Technologies COfporation as Lessee APPLICANT NAME (Print): DAN ROSENBERG / FPBA MAILING ADDRESS: 5781 VAN ALLEN WAY MAILING ADDRESS:4499 RUFFIN ROAD #300 CITY, STATE, ZIP: CARLSBAD CA 92008 CITY, STATE, ZIP: SAN DIEGO CA 92123 TELEPHONE: 760-290-9193 EMAIL ADDRESS: geoff.fortuna@thermofisher.com *Owner's signature indicates permission to conduct a preliminary review for a development proposal. TELEPHONE: 619-231 -0751 EMAIL ADDRESS: drosenberg@fpbarch.com No IZl IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRU AND CORRECT TO THE BEST OF MY I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. KNOWLEDG DATE SIGNATURE DATE APPLICANT'S REPRES.ENTATIVE (Print): ALLAN TROWBRIDGE/ FPBA MAILING ADDRESS: 4499 RUFFIN ROAD #300 CITY, STATE, ZIP: SAN DIEGO, CA 92123 TELEPHONE: 619-231-0751 EMAIL ADDRESS: atrowbridge@fpbarch.com I CERTIFY THAT I AM THE EGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TOT ST F NOWLEDGE. SIGNATURE 03-25-2022 DATE FEE REQUIRED/DATE FEE PAID: RECEIVED BY: "cit APR 1 5 2022 P-16 Planning Division Page 2 of 2 Revised 02/28/18 LANDSCAPED AREAS TO ALLOW TRUCK ACCESS. CITY OF CARLSBAD APPLICATION FORM FOR CONSISTENCY DETERMINATION APPLICATION CITY USE ONLY Development Number: ____________ _ Original Project Number: Consistency Determination Number: PROJECT NAME: TFS -OFFICE Tl MANUFACTURING LABS AND SUPPORT Assessor's Parcel Number(s) and Address : PARCEL 1 (212-130-44-00) 5781 VAN ALLEN WAY, CARLSBAD. CA 92008 Description of proposal (add attachment if necessary): CONVERSION OF AN EXISTING SHELL SPACE TO COMMERCIAL MANUFACTURING SUPPORT SPACES AND OFFICE Tl. Would you like to orally present your proposal to your assigned staff planner/engineer? Yes □ No [X] Please list the staff members you have previously spoken to regarding this project. If none, please so state. PAUL DAN AND JEREMY RIDDLE -------· ----------------- OWNER NAME (Print): BA Leasing SSC, LLC -------------- MAILING ADDRESS: 3400 Pawtucket Ave., MIC Rl1-530-01-19 CITY, STATE, ZIP: Riverside, RI 02915 --------------TELEPHONE: 401 -854-5449 EMAIL ADDRESS: denise.c.simpson@bofa.com *Owner's signature indicates permission to conduct a preliminary review for a development proposal. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE~ J July 20, 2022 DATE APPLICANT NAME (Print): DAN ROSENBERG / FPBA MAILING ADDRESS:4499 RUFFIN ROAD #300 CITY, STATE, ZIP: SAN DIEGO CA 92123 TELEPHONE: 619-231-0751 EMAIL ADDRESS: d rosen berg@fpbarch.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): ALLAN TROWBRIDGE/ FPBA MAILING ADDRESS: 4499 RUFFIN ROAD #300 CITY, STATE, ZIP: SAN DIEGO, CA 92123 TELEPHONE: 619-231-0751 EMAIL ADDRESS: atrowbridge@fpbarch.com I CERTIFY THAT I AM THE EGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TOT ST F NOWLEDGE. SIGNATURE FEE REQUIRED/DATE FEE PAID: REC EIVED BY: P-16 03-25-2022 DATE Page 2 of 2 Revised 02/28/18 SECRETARY'S CERTIFICATE OF BA LEASING BSC, LLC The undersigned, Christine Costamagna, the Secretary of BA LEASING BSC, LLC ("BSC"), a limited liability company formed and existing under and by virtue of the laws of the State of Delaware, does hereby certify that: 1. The following is a true and correct portion of Section 3 .3 of the Amended and Restated Operating Instrument ofBSC: 3.3 Execution of Instruments. All leases, agreements, indentures, mortgages~ deeds, conveyances, transfers, contracts, checks, notes, drafts, lease documents, loan documents, letters of credit, master agreements, swap agreements, guarantees of signatures, certificates, declarations, receipts, discharges, releases, satisfactions, settlements, petitions, schedules, accounts, affidavits, bonds, unde~ings, proxies and other instruments or documents may be signed, executed, acknowledged, verified, attested, delivered or accepted on behalf of the Company by the Manager or by any of the officers of the Company or by such other persons as the Manager or any of the officers of the Company may direct. The provisions of this Section 3.3 are supplementary to any other provision of this Operating Instrument 2016. 2. The following persons have been duly elected or appointed to the offices of BSC as set forth opposite the names of such persons, and the signatures set forth opposite said names are a true and correct facsimile: Terri Preston r'\----o~ Senior Vice President~ :.v-• • • • • • • Denise Simpson Vice President IN WIINESS WHEREOF, I have hereto set my hand on this 20 day of July, 2022. Christine Costamagna Secretary ~Chicago Title Company 725 South Figueroa Street, Suite 200, Los Angeles, CA 90017 Phone: (213) 488-4300 • Fax: (213) 488-4377 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00149273-994-LT2-JC Chicago Title Company / Los Angeles 725 S. Figueroa St., Suite 200 Los Angeles, CA 90017 ATTN: Mike Slinger Email: mike.slinger@ctt.com REF: Escrow/Customer Phone: (213) 488-4300 Title Officer: Jordan Curiel (LA/Comm) Title Officer Phone: (213) 488-4371 Title Officer Fax: (213) 612-4171 Title Officer Email: UnitX23@ctt.com PROPERTY: 5781 VAN ALLEN WAY, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against Joss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is Jess than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and AL TA Homeowners Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company ~ By: -----'------ Authorized Signature CL TA Preliminary Report Form -Modified (11/17/06) By. ATTEST Prcsidcot S«retaiy .City of Carlsbad APR 1 5 2022 Planning Division Page 1 ~Chicago Title Company 725 South Figueroa Street, Suite 200, Los Angeles, CA 90017 Phone: (213) 488-4300 • Fax: (213) 488-4377 PRELIMINARY REPORT EFFECTIVE DATE: April 2, 2021 at 7:30 a.m. ORDER NO.: 00149273-994-LT2-JC . The form of policy or policies of title insurance contemplated by this report is: 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee as to Parcels 1 and 3 An Easement(s) more fully described below as to Parcel 2 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: BA Leasing BSC, LLC, a Delaware limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. Cl TA Preliminary Report Form -Modified (11/17/06) Page 2 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00149273-994-L T2-JC THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: PARCEL 1 OF PARCEL MAP NO. 17971, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 24, 1997 AS INSTRUMENT NO. 1997-0656621 OF OFFICIAL RECORDS. PARCEL 2: NON-EXCLUSIVE EASEMENTS FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS, PARKING, AND CROSS DRAINAGE, AS CREATED BY THAT CERTAIN DOCUMENT ENTITLED RECIPROCAL PARKING AND ACCESS AGREEMENT, RECORDED JANUARY 21, 2010 AS INSTRUMENT NO. 2010-0029857 OF OFFICIAL RECORDS. -- THE AFOREMENTIONED DOCUMENT WAS AMENDED BY THAT CERTAIN DOCUMENT ENTITLED AMENDED AND RESTATED RECIPROCAL PARKING, ACCESS AND EASEMENT AGREEMENT, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED SEPTEMBER 21, 2010 AS INSTRUMENT NO. 2010-0499652 OF OFFICIAL RECORDS. THE AFOREMENTIONED DOCUMENT WAS AMENDED BY THAT CERTAIN SECOND AMENDED AND RESTATED RECIPROCAL PARKING, ACCESS AND EASEMENT AGREEMENT DATED NOVEMBER 08, 2013, AND RECORDED ON NOVEMBER 12, 2013 AS INSTRUMENT NO. 2013-0668719 OF OFFICIAL RECORDS. PARCEL 3: THAT PORTION OF VACATED VAN ALLEN WAY AS SHOWN ON PARCEL MAP NO. 17971, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON DECEMBER 24, 1997 AS INSTRUMENT NO. 1997-0656621 OF OFFICIAL RECORDS, VACATED PER RESOLUTION NO. 2013-157 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, A CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 08, 2013 AS INSTRUMENT NO. 2013-0666597 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 17971, SAID POINT ALSO BEING A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID VACATED VAN ALLEN WAY; THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING COURSES: NORTH 63°44'17" EAST 92.74 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE ALONG SAID CURVE EASTERLY 29.42 FEET THROUGH A CENTRAL ANGLE OF 18°43'50"; THENCE TANGENT FROM SAID CURVE NORTH 45°00'27" EAST 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 60.00 FEET; THENCE ALONG SAID CURVE EASTERLY AND SOUTHEASTERLY 113.86 FEET THROUGH A CENTRAL ANGLE OF 108°43'48" TO THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF SAID VACATED VAN ALLEN WAY WITH THE EASTERLY PROLONGATION OF THE CENTERLINE OF SAID VACATED VAN ALLEN WAY; THENCE LEAVING SAID RIGHT OF WAY ALONG SAID CENTERLINE AND SAID PROLONGATION OF SAID CENTERLINE SOUTH 63°44'17" WEST 248.26 FEET; THENCE LEAVING SAID CENTERLINE NORTH 26°15'43" WEST 36.00 FEET TO THE POINT OF BEGINNING. APN: 212-130-44-00 Cl TA Preliminary Report Form -Modified (11/17/06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT A (Continued) Cl TA Preliminary Report Form -Modified (11/17/06) Chicago Title Company ORDER NO.: 00149273-994-L T2-JC Page4 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS Chicago Tille Company ORDER NO.: 00149273-994-L T2-JC AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2021-2022. 8. Pending assessment for the District shown below: District: Disclosed by: Recording Date: Recording No: 1 Boundary Map December 19, 1990 1990-067 4118 of Official Records When the Notice of Assessment is recorded in the public records, the assessment shall become a lien on said Land. C. 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. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: June 29, 1988 Recording No: 88-313420 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. The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by an instrument Recording Date: Recording No: December 08, 1992 1992-0786590 of Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: June 01, 1995 Recording No: 1995-0230848 of Official Records Cl TA Preliminary Report Form -Modified (11/17/06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00149273-994-L T2-JC EXCEPTIONS (Continued) 3. Matters contained in that certain document · Entitled: Dated: Executed by: Recording Date: Recording No: Hold Harmless Agreement Drainage December 21, 1990 Upland Industries Corporation and the City of Carlsbad May 06, 1991 1991-0208521 of Official Records Reference is hereby made to said document for full particulars. 4. 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. 12815. Affects: College Boulevard 5. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said Parcel Map No. 17971. Affects: College Boulevard 6. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Hold Harmless Agreement Drainage November 21, 1997 Carlsbad Business Park, LLC, a California Limited Liability Company February 19, 1998 1998-0085420 of Official Records Reference is hereby made to said document for full particulars. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District, a Public Agency organized in the State of California Water line April 08, 1998 1998-0198386 of Official Records A portion of said land as more particularly described in said document 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, ingress and egress April 23, 1998 1998-0232254 of Official Records A portion of said land as more particularly described in said document CL TA Preliminary Report Form -Modified (11/17/06) Page 6 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00149273-994-L T2-JC EXCEPTIONS (Continued) 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, ingress and egress November 19, 2001 2001-0840366 of Official Records A portion of said land as more particularly described in said document Reference is hereby made to said document for full particulars. 10. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property January 21, 201 O 2010-0029856 of Official Records Reference is hereby made to said document for full particulars. 11. Matters contained in that certain document Entitled: For: Reciprocal Parking and Access Agreement Parking spaces and access Executed by: Mararisk Carlsbad, LLC, a Delaware limited liability company, Griffin Capital Corporation, a California corporation, and Life Technologies Corporation, a Delaware corporation Recording Date: January 21, 2010 Recording No: 2010-0029857 of Official Records Reference is hereby made to said document for full particulars. Amended and Restated Reciprocal Parking, Access and Easement Agreement Recording Date: Recording No.: September 21, 2010 2010-0499652 of Official Records Second Amended and Restated Reciprocal Parking, Access and Easement Agreement Recording Date: Recording No.: November 12, 2013 2013-0668719 of Official Records 12. Matters contained in that certain document Entitled: Dated: Triparty Agreement Regarding Planned Unit Development July 20, 2009 Executed by: Mararisk Carlsbad, LLC, a Delaware limited liability company, and Life Technologies Corporation, a Delaware corporation (formerly known as lnvitrogen Corporation) Recording Date: February 09, 2010 Recording No: 2010-0066438 of Official Records Reference is hereby made to said document for full particulars. CL TA Preliminary Report Form -Modified (11/17/06) Page 7 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00149273-994-L T2-JC 13. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Recording Date: Recording No: Affects: Public water May 03, 2010 2010-0220617 of Official Records A portion of said land as more particularly described in said document Limitations on the use, by the owners of said Land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. 14. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property September 21, 201 O 2010-0499653 of Official Records Reference is hereby made to said document for full particulars. 15. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Recording Date: Recording No: Affects: Public water November 24, 2010 2010-0648254 of Official Records A portion of said land as more particularly described in said document 16. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure January 12, 2011 2011-0021757 of Official Records Reference is hereby made to said document for full particulars. 17. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage January 12, 2011 2011-0021758 of Official Records Reference is hereby made to said document for full particulars. 18. Matters contained in that certain document Entitled: Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date: January 12, 2011 Recording No: 2011-0021760 of Official Records Reference is hereby made to said document for full particulars. CL TA Preliminary Report Form -Modified (11/17/06) Page 8 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00149273-994-L T2-JC EXCEPTIONS (Continued) 19. Any easements or rights of way for existing utilities or other rights of way over those portions of said Land lying within the public right of way abandoned by resolution or ordinance: Recording Date: Recording No: Affects: Affects: November 08, 2013 2013-0666597 of Official Records A portion of said land as more particularly described in said document Parcel 3 20. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Memorandum of Lease, Deed of Trust and Security Agreement BA Leasing BSC, LLC, a Delaware limited liability company Thermo Fisher Scientific Inc., a Delaware corporation January 4, 2016 2016-0001687, of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 21. Terms, conditions and duties and obligations, including but not limited to the Purchase Option, and any failure to comply with same pursuant to the certain Memorandum of Lease, Deed of Trust and Security Agreement; Recording Date: January 4, 2016 Recording No: 2016-0001687, of Official Records Reference is hereby made to said document for full particulars. 22. Matters contained in that certain document Entitled: Recording Date: Recording No: Easement July 12, 2018 2018-283804, of Official Records Reference is hereby made to said document for full particulars. 23. Matters contained in that certain document Entitled: Encroachment Agreement Executed by: Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911 ("District") and BA Leasing BSC, LLC, a Delaware limited liability company ("Owner") Recording Date: November 01, 2018 Recording No: 2018-458861, of Official Records Reference is hereby made to said document for full particulars. CL TA Preliminary Report Form -Modified ( 11 /17/06) Page 9 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) 24. Matters contained in that certain document Chicago Title Company ORDER NO.: 00149273-994-L T2-JC Entitled: Ratification of Amendment No. 1 to Extend the Median Maintenance Agreement with Carlsbad Research Center Recording Date: August 28, 2020 Recording No: 2002-49454, of Official Records Reference is hereby made to said document for full particulars. 25. 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. In order to close this pending transaction, we will need the following information: 1) Completion of the attached Owner's Declaration 2) Completed Escrow Owner Information Sheet 3) A statement from escrow providing the complete name of the account that proceeds are going to. The Company reserves the right to add additional items and/or make further requirements after review of the requested documentation. 26. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey, Job No: Dated: Prepared by: Matters shown: 101310 November 18, 2010, and last revised May 09, 2011 Patrick N. O'Day, C. 27214, for O'Day Consultants As follows A. A transformer pad extends across the Southwesterly line of Parcel 1. B. A retaining wall extends across the Northwesterly line of Parcel 1. C. A chain link fence meanders across the Northwesterly line of Parcel 1. D. There are walls and columns on the Northwesterly line of Parcel 1. E. A transformer pad extends across the Northwesterly line of Parcel 1. F. 8-inch block walls and San Diego Gas and Electric vaults on the Easterly side of Parcel 1 extend onto College Boulevard. G. There are sewer and drainage improvements in various locations on Parcel 1. 27. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 28. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. 29. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. CL TA Preliminary Report Form -Modified (11 /17/06) Page 10 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00149273-994-L T2-JC 30. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CL TA Preliminary Report Form -Modified (11/17/06) Page 11 PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00149273-994-L T2-JC 1. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. 2. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: BA Leasing BSC, LLC, a Delaware limited liability company a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. END OF REQUIREMENTS CL TA Preliminary Report Form -Modified (11/17/06) Page 12 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00149273-994-L T2-JC 1. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: 212-130-44-00 2020-2021 $ 406,451.38 $ 406,451.38 None 09013 2. None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 3. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 5781 Van Allen Way, located within the city of Carlsbad, California, , to an Extended Coverage Loan Policy. 4. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 5. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 6. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (OTT) Affidavit may be required to be completed and submitted with each document when OTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. OTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 7. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Jordan Curiel (LA/Comm)/b1 c Cl TA Preliminary Report Form -Modified (11/17/06) Page 1 Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Wire Fraud Alert Federal Bureau of Investigation: http://www.fbi.gov Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 Internet Crime Complaint Center: http://www.ic3.gov Page 1 WIRE0016 (OSI Rev. 12/07/17) TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights reserved ~Chicago Title Company 725 South Figueroa Street, Suite 200, Los Angeles, CA 90017 Phone: (213) 488-4300 • Fax: (213) 488-4377 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company CTC -Chicago Title company CL TC -Commonwealth Land Title Company FNTC -Fidelity National Title Company of California FNTCCA -Fidelity National Title Company of California TICOR -Ticor Title Company of California L TC -Lawyer's Title Company SL TC -Servicelink Title Company Available Discounts DISASTER LOANS (CTIC, CL TIC, FNTIC) Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company FNTIC -Fidelity National Title Insurance Company FNTIC -Fidelity National Title Insurance Company CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company CTIC -Chicago Title Insurance Company The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts (Rev. 01-15-20) MISC0164 (OSI Rev. 03/12/20) Last Saved: April 9, 2021 by B1 C Escrow No.: 00149273-994-L T2-JC FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective January 1, 2021 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. January 1, 2021) MISC0219 (OSI Rev. 01/29/21) Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 00149273-994-L T2-JC • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-17 48. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. January 1, 2021) MISC0219 (OSI Rev. 01/29/21) Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 00149273-994-L T2-JC Your Consent To This Privacy Notice: Notice Changes: Use of Comments or Feedback By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information: Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, visit FNF's Opt Out Page or contact us by phone at (888) 934-3354 or by mail to: FNF Privacy Statement (Eff. January 1, 2021) MISC0219 (OSI Rev. 01/29/21) Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00149273-994-L T2-JC ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE 8, 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 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. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One -CA (Rev. 05-06-16) Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 AL TA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE {Except as provided in Schedule B -Part 11,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One -CA (Rev. 05-06-16) Page 2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. {PART I {The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records.} PARTII In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:} 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 1 0); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: {The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements,-liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title 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 exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. } 7. {Variable exceptions such as taxes, easements, CC&R's, etc. shown here.} Attachment One -CA (Rev. 05-06-16) Page 3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY-ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the dale the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or 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 does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar,creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One -CA (Rev. 05-06-16) Page 4 © California Land Title Association. All rights reserved. The use of this 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. Insert Map Here OWNER'S DECLARATION Escrow No.: 00149273-994-L T2-JC Property Address: 5781 Van Allen Way Carlsbad, CA The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at 5781 Van Allen Way, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b. Declarant is the ______________ of _______________ _ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at 5781 Van Allen Way, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with ___________ upon the Land in the approximate total sum of $ _____ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: ___________________ . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Chicago Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as __________ , __________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured lnstrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. This declaration is made with the intention that Chicago Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on at ------------------- Signature: Owner's Declaration MISC0220 (DSI Rev. 10/17/17) Printed: 6/27/2017 2:26 PM by «User Initials» Page2 Escrc Owner's Declaration MI SC0220 (DS I Rev. 10/17 /17) Printed: 6/27/2017 2:26 PM by «User Initials» Page 3 Escrc r