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CDP 2024-0023; AVIARA CLUBHOUSE CONVERSION; Coastal Development Permit (CDP)
Ccicyof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov [ITj SUBMITTAL INFORMATION -ALL APPLICATIONS NAME OF PROJECT: __ A_v_ia_ra_C_lu_b_h_ou_s_e_R_e_n_o_va_ti_·o_n _____________________ _ Conversion of 1,749 SF of the second story of an existing 2-story, detached clubhouse, BRIEF SUMMARY OF PROJECT: into a one-bedroom ADU and a two-bedroom ADU at an existing apartment complex. APPLICATIONS APPLIED FOR: Check the appropriate boxes for the application types for which you are applying. (CHECK ALL APPLICABLE BOXES) entPermits (FOR DEPT. usE oNLYl Legislative Permits (FOR DEPT. USE ONLY) Coastal Development Permit D Major ~ Minor D Conditional Use Permit D Major D Minor D Amend/Ext. D Day Care (Large) D New D Amend/Ext. D Environmental Impact Assessment D Habitat Management Permit 0 Major D Minor Hillside Development Permit D Major O Minor D Amend/Ext. D Nonconforming Construction Permit D Planned Development Permit D Residential D Non-Residential D Major D Minor D Amend D Precise Development Plan D Site Development Pla:n D Major D Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance • D Major D Minor CDP ,ol-i- Q C,1)..-.3 NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE MADE BY APPOINTMENT OR THROUGH THE CSS ONLINE PORTAL. P-1 Page 1 of 5 D General Plan Amendment D Map OText D Local Coastal Program Amendment OMap OText D Master Plan D New Plan D Specific Plan D New Plan D Zoning Change OMap OAmend OAmend OText Misc. Permits (FOR DEPT. usE oNL Yl D Planning Determination D City Planner D PC Appeal D Historic Preservation D Register D Mills Act D Reasonable Accommodation FOR CITY USE ONLY: 0 E-v' C. DEV CASE NO.: 't0'r~-ooJS REC. BY: j t--s1y{',I DATE STAMP APPLICATION RECEIVED JUN 2 4 2024 Revised 07/23 Ccicyof Carlsbad Development Services AUTHORIZATION, CONSEN(fl,TAND~ARLSL:1/'.\D DISCLOSURE STATEMENljUN 2 4 202 P-1(A) 4 Planning Division 1635 Faraday Avenue 442-339-2600 www .carlsbadca.gov PLANNING D1VISlnl\1 §] APPLICATION AND ACKNOWLEDGEMENT INFORMATION This submittal form (Part A through Part F) must be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until this information is completed. PART A. Owner Authorization and Consent NOTE: This Consent and Disclosure Form must list the name of the principal owners (10% or greater) and attach a copy of the current corporate articles, partnership agreement, or trust document, as applicable. Provide name(s) of the person(s) authorized to sign on behalf of the organization. (A separate page may be attached if necessary.) IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE IND/CA TE NOT-APPLICABLE (N/A) IN THE SPACE BELOW. This is to certify under penalty of perjury that the undersigned is/are the record owner(s) of the property known as: Assessor's Map Book, Page and Parcel (APN/APNs): __ 2_1_5_8_-4_0_0_-_30_0 __________ _ ________________________________ ;and Street Address (if applicable): 6610 Ambrosia Ln, Carlsbad, CA 92011 that I/we (full legal name of all record owners) consent to the filing of the Land Use Review Application on our property for processing by the City of Carlsbad Planning Division. I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the information is true and correct. 1. Name: Chance Taylor Signature: ~ / r1., Signature: ________________________ _ Phone Number: 682-432-6248 Email: ctaylor@gid.com ---------- Contact Address: 14241 Dallas Parkway, Suite 1050, Dallas, TX 75254 2. Name: __________ Signature: ________ --,-__ _ Phone Number: Email: --------------------- Contact Address: ----------------------- NOTE: For additional names, please use a separate sheet of paper. Page 1 of 6 P-1 (A) Form Rev 4/2024 IMPORTANT: A Grant Deed is required if the ownership does not match city records. Ownership on the deed must correspond exactly with the ownership listed. If the owner noted on the Grant Deed does not match the person signing as Property Owner, provide paperwork documenting the person signing is authorized to sign as a Property Owner. Whenever any excavation, fill, or other project-related improvement requires entry onto adjacent property for any reason, the Land Use Review Application shall include the written consent or legal easements or other property rights of the adjacent property owner or their authorized representative, and shall include such consent with the application package. The application will not be deemed complete unless and until all necessary consent documents are so filed. The consent shall be in a form acceptable to the City Planner. If the proposed improvements on the adjacent property change the nature of the property's development rights (or implied bundle of rights), the city might require recordation of a Covenant and Agreement for Offsite Improvements and Release of Liability as a condition of project approval. Does the project's limits of disturbance encroach on property not owned by the Property Owner? □ Yes □ No If yes, attach adjacent owner authorization. PART B. Owner Declarations (to be signed by Property Owner) I/We hereby certify that I/we have read the information below and that: 1. I/We understand that it is the responsibility of the Applicant to substantiate the request through the requirements of the application. 2. I/We understand that if there is a zoning violation on the property, application review may be delayed. Any unpermitted structures or uses must either be removed or legalized at part of this application. 3. I/We understand that if this application is approved, I/we may be required to record a covenant with the County Recorder's Office, the form and content that is satisfactory to the City and its City Attorney, to notify future owners of the project approval and restrictions. 4. If this Land Use Review Application is approved or conditionally approved, I/we hereby certify that I/we will comply with all conditions attached to the approval action. I/We understand that the failure to comply with any conditions shall constitute grounds for the revocation or modification of the approval, permit, or other authorizations provided. 5. Prior to any use of the project site pursuant to the permit issued, all conditions of approval (if any) will be· completed or secured in the manner as stated or required. Property Owner Signature(s): ....,,~=..;,.....c..,___::;.., __ -.--_/.;_7...,;,,::::.,fo_1... _______________ _ Name(s): Chance Taylor Date: _5_/1_6_/2_0_2_4 ___ _ Page 2 of 6 P-1 (A) Form Rev 4/2024 PART C. Project Team Information (complete all applicable fields) Applicant: □ Same as Owner ~ Different from Owner Tim Seaman Name (if different from Owner): ------------------------ CompanyorFirm: __ C_h_a_m_p_io_n_P_e_rm_it_s ___________________ _ Phone Number: _6_1_9-_9_9_3_-8_84_6 ____ Email: _t_im_@_c_h_a_m_p_io_n_p_e_r_m_it_s_.c_o_m ____ _ Contact Address: P.O. Box 5955 City: Chula Vista State: ~Zip Code: 91912 Agent or Representative: □ Same as Applicant ril' Different from Applicant □N/A Name (if different from Applicant): __ D_a_v_id_P_a_s_c_u _______________ _ Company or Firm: Abramson Architects Phone Number: 310-733-7 469 Email: david@abramsonarchitects.com Contact Address: 5171 W Jefferson Blvd L A I CA . 90016 City: os nge es State: __ Zip Code: ___ _ Other (specify Architect, Engineer, CEQA Consultant, etc.): ______________ _ Name: _______________________________ _ Company or Firm: ____________________________ _ Phone Number: Email: ---------------------------- Contact Address: __________ City: _____ State: __ Zip Code: ___ _ NOTE: A Letter of Authorization (LOA) from the Property Owner empowering a person or persons to act on the behalf of the Property, is required if anyone other than the Property Owner signs the Land Use Review Application as the Applicant or Agent. The authorized person (Applicant or Agent) on the LOA must correspond with the name and signature, above. PART D. Single "Point of Contact" Designation A single "point of contact" is an individual that handles all communications with the city and its review team for the purposes of sending and. receiving application materials, information, reports, etc. The point of contact is to be the single individual elected on the Land Use Review Application form for all communications and to remain as the primary contact for all status updates relating to the Land Use Review Application. Single Point of Contact: □ Applicant □ Property Owner ~ Agent □ Other _______ _ Page 3 of 6 P-1 (A) Form Rev 4/2024 PART E. Contribution Disclosure Has the Property Owner, Applicant, or Agent had more than $900 worth of business transacted with any member of city staff, Boards, Commissions, Committees and/or Council within the past 12 months? □ Yes IY1 No If yes, indicate person(s): ___________________ _ NOTE: Attach additional sheets if necessary. PART F. Applicant Declarations (to be signed by Applicant) I hereby certify that I have read the information below and that: 1. I have carefully reviewed and prepared the application and plans in accordance with the instructions. 2. I understand that the specific information needed to initiate planning case processing corresponds to those items listed in the application form's "Minimum Submittal Intake Requir.ements Checklist." I also understand that even if the application is duly filed and accepted for intake processing, each application submitted to the Planning Division is required to have specified information included in the application packet before it is determined to be complete. The specific information to determine completeness is in "Completeness Determination Requirements Checklist." 3. The Planning Division has developed policies to help ensure that discretionary permit applications are timely processed. The Permit Streamlining Act shot clock starts on the intake date the Planning staff accepts a duly filed application. 4. I understand that once an application is determined to be complete, project or design changes that will increase the number of units, add uses that were not previously listed, substantially change the site plan, or other changes that trigger the need for additional discretionary approvals will require a new application, or the filing of other application permit types, which would restart the review "clock" and extend processing timelines. 5. I understand that upon city review, additional information, documents, reports, entitlements and fees might be required, including any referral fees. I understand that all fees and deposits submitted with this application will be refunded only as provided for by the ordinances, regulations, or policies in effect at the time of the application submittal. 6. I certify that the description of the development and all the plans and supporting documentation are accurate in all material respects as of the date when made. I understand that it is my responsibility to ensure that statements and representations are not misleading. Furthermore, I agree to promptly remove, correct, or add information as needed to correct any misleading or materially inaccurate information. I understand that any misstatement or omission of the requested information or of any information subsequently requested might be Page 4 of 6 P-1(A) Form Rev 4/2024 grounds for rejecting the application, deeming the application incomplete, denying the application, suspending or revoking a permit issued on the basis of these or subsequent representations, or for the seeking of such other and further relief as deemed appropriate by the City of Carlsbad. 7. If discrepancies exist between the architectural plans and the structural plans, the architectural plans shall take precedence. Ultimately, the scope of work, as described on the permit that authorizes construction, takes precedence over the plans. If there is a discrepancy between the plans and the description on the permit, the permit governs. 8. I understand that all materials submitted in connection with this application might become public record subject to inspection and copying by the public. I acknowledge and understand that the public might inspect and copy these materials and that some or all of the materials might be posted on the city website or elsewhere online, outside of the city's control. 9. I understand there are no assurances at any time, implicitly or otherwise, whether provided to me in writing or by oral communications regarding final staff recommendations to the decision- making body about this application or the determination of any decision-making body. 10. I understand that the overall design process consists of several steps, each with increasingly more detail. The planning phase is one of the first steps in the design process. A Land Use Review Application (or "planning application") consists only of a schematic design package. If the project is approved or conditionally approved, the schematic design phase is immediately followed by a design development phase (with construction drawings). Construction drawings, such grading and drainage plans, are much more comprehensive and provide additional detail, specificity, and instructions on how to build and implement the project. Review comments, statements, or approvals from the City of Carlsbad concerning a Land Use Review Application are based on the representations of the intent of design and construction. City comments and statements are believed to be accurate; however, such accuracy is not guaranteed when implementing the intended design solution. I understand that the approval or conditional approval of a Land Use Review Application does not replace the more thorough review of the construction drawings by the city or another agency during the design development phase; or services or recommendations provided by design professionals, such as architects, engineers, code professionals, etc. Furthermore, the approval or conditional approval of a Land Use Review Application does not relieve the Applicant of the obligation from complying with all applicable regulations, standards, policies, and guidelines applicable to the design development phase. Therefore, the ultimate design solutions required in construction drawings may differ from the project's initial schematic design. The approved plan set of project drawings, civil plans/grading, sections, site plans, floor plans, architectural elevations, and landscape plans shall not be altered without express authorization by the City Planner. Once a permit has been issued, the Applicant may request permit modifications. "Minor" modifications might be granted if found by the City Planner to be in substantial conformity with the approved plan set, including all exhibits and permit conditions. Page 5 of 6 P-1 (A) Form Rev 4/2024 Modifications beyond the scope described in the approved plan set might require submittal of an amendment to the permit and approval by the authorized review body. 11. Should any proponent of the project fail to file a timely and valid appeal of the permit within the applicable appeal period, such inaction shall be deemed to constitute acceptance of the permit by the Applicant; and agreement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of the issued permit or other approval. 12. As part of this application, the Applicant hereby agrees to defend, indemnify, and hold harmless the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers, and agents from any claim, action, or proceeding against the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers and agents, to attack, set aside, void or annul an approval of the application or related decision, including environmental documents, or to challenge a denial of the application or related decisions. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, city, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the city for all of the city's costs, attorneys' fees, and damages that the city incurs in enforcing the indemnification provisions set forth herein. The Applicant shall pay to the city upon demand any amount owed to the city pursuant to the indemnification requirements prescribed. By signing below, I acknowledge that I have completely read, understand, and agree to the declarations above and accept all terms set forth herein. Applicant Signature: C~ ✓r Name: Chance Taylor Date: 5/16/2024 This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing. Page 6 of 6 P-1 (A) Form Rev 4/2024 Ccicyof Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov [@ APPLICATION INFORMATION This submittal form (Part A and Part BJ is to be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until this information is completed. Submittal of a detailed project description is important to ensure the timely review of your land Use Review Application and to reduce repetitive review cycles. The following instructions detail the types of information to include in your written project description. These instructions are not exhaustive. More complex entitlement requests typically require more comprehensive information while less complex requests might require less information. The intent of this form is to provide guidance on what type of information to include in the written project description. Prior to submitting an entitlement application, review the entitlement-specific filing instructions for each application type, as well as instructions for preparing a complete site plan or tentative map, etc. A complete project description should include the following elements: ✓ Project name: Fill in the field with the name of the project, such as "Red Oak Homes" or "Benson Commercial." If no name is proposed, write the last name of the Applicant or Property Owner, plus a brief description such as "Jones Condo Conversion" or "Smith Residential Subdivision." ✓ Applications applied for: List the various application types for which you are applying. Consult with the Planning Division to determine required application types needed to process your specific project. ✓ Assessor parcel no(s).: Include all assessor parcel numbers included that are within the project boundary. Planning staff can assist you in determining the appropriate assessor parcel number(s). ✓ Describe the complete project scope: Provide a narrative description of the proposed project including, but not limited to: project area by square footage or acreage, proposed land use(s), number of developable lots or units proposed, number of common area or open space lots, open space acreage, site access and proposed roadway and circulation improvements, parking location, design and number of spaces, existing utilities by type and location, proposed utilities by type and location, project grading with estimated quantities for cuts and fills, proposed drainage and storm water treatment improvements, project phasing, proposed square footage of amenities buildings such as recreation centers and clubhouses, proposed square footage of commercial or industrial buildings, noise barriers, proposed parks and trails, landscaping improvements and other relevant information. Project descriptions for commercial land uses should also include days and hours of operation, number patrons or customers, number of employees, typical daily traffic, proposed outdoor uses or use areas, food or alcohol sales, descriptions of promotional events including uses with outdoor amplified speech or music. CITY OF CARL,....B -\.) AD AUG 1 6 2024 PLANNING D!Vrr.::,rfa.ge 1 of4 -P-l(BfForiil'Rev 4/2024 PART A. Project Summary Information Aviara Clubhouse Renovation NAME OF PROJECT: __________________________ _ APPLICATION PERMIT TYPES REQUESTED: Minor CDP' Building Department ACCESSOR PARCEL NUMBERS: 2158-400-300 ------------------------ PROPERTY ADDRESS: _6_6_1_0_A_m_b_ro_s_ia_L_n_, c_a_r_ls_b_ad_,_c_A_9_2_0_1_1 ------------- Name~ I ~ S ~~ I Fully describe the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. -CLUBHOUSE INTERIOR RENOVATION -CONVERSION OF 1,749 SF OF THE SECOND STORY OF AN EXISTING 2-STORY, DETACHED CLUBHOUSE, INTO A -ONE-BEDROOM ADU AND A TWO-BEDROOM ADU AT AN EXISTING APARTMENT COMPLEX. NO CHANGE TO BUILDING FOOTPRINT OR HEIGHT Page 2 of4 P-l(B) Form Rev 4/2024 PART B. Supplemental Information Denote whether the following items are applicable to the project or if any portion of the property located within any of the following? Use an addendum sheet to further describe all items marked "yes" in this list (attach additional sheets as necessary). Yes 1. A very high fire hazard severity zone, as determined by the Department of Forestry □ and Fire Protection pursuant to Government Code§ 51178 for State Responsibility Areas; or any official local maps published pursuant to Government Code§ 51178 for Local Responsibility Areas. 2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part □ 660 FW 2 (June 21, 1993). 3. A hazardous waste site that is listed pursuant to Government Code § 65962.5 or a □ hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code § 25356 of the Health and Safety Code. NOTE: Certification of compliance required on Form P-l(C). 4. A special flood hazard area subject to inundation by the 1 percent annual chance D flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. 5. A delineated earthquake fault zone as determined by the State Geologist in any D official maps published by the State Geologist. 6. Any historic or cultural resources known to exist on the property. D 7. The project requires any approvals under the Subdivision Map Act, such as a parcel D map, a tentative map, or a condominium map. NOTE: If "yes," you may need to complete Form P-l(E) and Form P-l(FJ. 8. Any existing residential use on the site (units or structures)? NOTE: If "yes," you must complete Form P-38. 9. The project require a Density Bonus Approval. NOTE: If "yes," you must complete Forms P-l(H). □ □ No ~ 0 ~ c{ Page 3 of4 P-1 (B) Form Rev 4/2024 Yes No 10. The project site located within the Coastal Zone. NOTE: If "yes," you may need to complete Form P-6 and/or Form P-7. a. If "yes," does any portion of the property contain wetlands, as defined in Title 14 of the California Code of Regulations § 13577. b. If "yes," does any portion of the property contain environmentally sensitive habitat areas, as defined in Public Resources Code § 30240. NOTE: If "yes," you may need to complete Form P-17 or Form P-18. c. If "yes," does any portion of the property contain a tsunami run-up zone or mapped inundation area. . . . d. If "yes," does any portion of the property contain any public access to or along the coast. 11. The project impacts a stream or other resource that may-be subject to a stream bed alteration agreement pursuant to Chapter 6 (commencing with Fish and Game Code § 1600. □ □ □ □ □ 12. Any portion of the property is subject to any recorded public easement, such D as easements for storm drains, water lines, and other public rights of way. □ ri I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the information furnished is true and correct. 77 M__ q--~---~ Name:~ __ / _________________________ _ Signature: ___ >7(_1..------_ .... ~,....~-------__ -_________________ _ This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing. NOTE: The Applicant, Property Owner, or Agent should use this form when submitting project revisions to update the information provided in response to issues raised by during the course a/the city's review. Page 4 of4 P-l(B) Form Rev 4/2024 Ccicyaf Carlsbad HAZARDOUS WASTE • AND SUBSTANCES Development Services Planning Division 1635 Faraday Avenue STATEMENT P-1(C} CITY OF C/\'. ;1 _~·}U,0,[) (442) 339-2610 1111\i l ?n? PLANNING DIVISION Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) www.carlsbadca.gov Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. The development project and any alternatives proposed in this application ~ contained on the iists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: ::S:, ~ S Q_°' ~ °'-r--. Address: Q U 'b U :,( S o...:~ ~ Ck"'\~ \J '-*c--e, l\-~\°'-\a- PROPERTY OWNER Name: IMP Aviara LP Address: 125 High Street, 27th Floor Boston, MA 02110 Phone Number: Lo\~ -°'---~ ", -~ 'I,"-\\ Phone Number: 682-432-6248 Address of Site: 6610 Ambrosia Lane, Carlsbad, CA 92011 Local Agency (City and County): Carlsbad -San Diego County Assessor's book, page, and parcel number:_P_a_rc_e_l #_2_15_-_8_40_-_0_3-_0_0 __________ _ Specify list(s): ____________________________ _ Regulatory Identification Number:. ______________________ _ Date of List:--~--------------------------- 6/19/2024 A The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 3/22 Per the California Environmental Protection Agency's website, "While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/CorteseList/default.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ca.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P .0. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1(C) Page 2 of2 Revised 02/13 Ccicyof Carlsoad EIA INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov P-1(0) Ii] APPLICATION INFORMATION This submittal form is to be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until Part A is completed. Part 8 is to be completed ONLY if further environmental review and documentation is required ((i.e., Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration). State law requires that environmental review be conducted and information be made available before decisions are made and before actions are taken. Implementation of this law, called the California Environmental Quality Act, Public Resources Code §§ 21000 et seq. (CEQA), requires the city to perform an environmental assessment of every project by way of a multi-step decision tree. First, the city must determine whether the proposed activity is subject to CEQA. Second, assuming CEQA applies, the city must decide whether the activity qualifies for one of the exemptions that excuse otherwise covered activities from CEQA review. Finally, assuming no applicable exemption, the city must undertake full review and prepare an environmental document. To successfully navigate through the three tiers, the Applicant/Property Owner/Agent must work with the city to document the environmental assessment. BY SIGNING BLEOW, I/We that this form must be completed as part of the application and will be utilized by the city to expedite the project application process. I/We hereby certify that the statements furnished in the attached information and any exhibits attached hereto 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. NAME OF PROJECT: Aviara Clubhouse Renovation CLUBHOUSE INTERIOR RENOVATION -CONVERSION OF THE SECOND STORY OF AN EXISTING 2-STORY INTO A ONE-BEDROOM ADU AND A TWO-BEDROOM ADU AT AN EXISTING APARTMENT BRIEF SUMMARY OF PROJECT: COMPLEX. NO CHANGE TO BUILDING FOOTPRINT OR HEIGHT LOCATION: __ ss_1_o_A_m_br_os_ia_L_n_, c_a_r1_sb_a_d_s2_0_11 ____________________ _ CONTACT: IS2f Applicant □ Property Owner □ Agent Signature: _"'....::·"~'--=::::::,=2====-=·-J,J-___________________ _ ·J ~ Name:_~·n_v'\/l ___ 9~~--·-~_........:....:.·r----J--=--· -------'!Date:· ey1 s(~1 ~ NOTE: Except where circumstances dictate a different processing timeline pursuant to state law, the city will formally begin the formal evaluation of the project after deeming the Land Use Review Application as complete and determining the project is subject to CEQA. AUG 1 6 2024 P ,. , , , , 1 Page 1 of 5 LAN NlNG DIV/:.; J(,p:1(D) Form Rev 6/2023 PART A. Requested Environmental Clearance (All Projects) l!f DON'T KNOW/ UNKOWN. It is unknown how CEQA applies to this project. □ CEQA APPLICABILITY -NOT A PROJECT. The requested activity associated with the application package is NOT a "project" as defined by CEQA (Public Resources Code § 21065; CEQA Guidelines § 15378. Applicable Public Resource Code or CEQA Guidelines Sec.: _____________ _ □ EXEMPT FROM ENVIRONMENTAL REVIEW. An Applicant, Property Owner, or Agent contemplating using a CEQA exemption should carefully review both the Public Resources Code and the State CEQA Guidelines to determine whether specific criteria apply that may or may not be applicable to their proposed project. To assist the city in assessing whether the proposed project is exempt from further review, the Applicant, Property Owner, or Agent may be asked to provide written explanation and substantiate the requ·ested exemption (see below). □ Ministerial. The requested activity is exempt from further CEQA review because it is specifically excluded from CEQA consideration as defined by the State Legislature. These exemptions are delineated in Public Resource Code §§ 21080 et seq. and CEQA Guidelines. Applicable section: ____________________ _ □ Categorical. The requested activity is exempt from further CEQA review because it belongs to a list of classes of projects that generally are considered not to have potential impacts on the environment. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines §§ 15300- 15333. ADDITIONAL DOCUMENTATION MUST BE ATTACHED. Written evidence must include why the quested exemption is not negated by some sort of an exception to the exemption, pursuant to CEQA Guidelines §15300.2 and Chapter 19.04 of the Carlsbad Municipal Code. □ Other type of exemption, such as Agricultural Housing, Affordable Housing, and exemption for residential projects in a specific plan, etc. (Article 12.5 of the CEQA Guidelines;§ 15182; § 15183; Public Resources Code§ 21155.1; etc.)ADDITIONAL DOCUMENTATION AND/OR CHECKLIST MUST BE ATTACHED. □ ENVIRONMENTAL DOCUMENTATION REQUIRED. Environmental review is required under CEQA because the project does not qualify for an exemption. This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration) will be required to be prepared, per CEQA and Chapter 19.04 of Carlsbad's Municipal Code. The city will typically complete its initial environmental study thirty days after an application is determined complete, consistent with Public Resources Code§ 21080.2; CEQA Guidelines§ 15102, unless the timeframe is extended. Page 2 of 5 DRAFf P-l(D) Form Rev 6/2023 PART B. Property and Project Screening Information (If Applicable) This section is to be completed only if further environmental review and documentation is required (such as an Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration. After your land Use Review Application is complete, the City Planner will request the preparation of an Initial Study, which will rely, in part, on the information provided in this form. If you believe that a previously completed CEQA document adequately addresses the environmental impacts of the proposed project, a Petition for Use of Prior CEQA Document or tiering checklist ( as required by CEQA) may be filed which will be reviewed and considered. It is important to note that the details of the request must be carefully evaluated and Planning staff's recommendation or decision for environmental review may change. NOTE: If you have any questions regarding what constitutes an environmental resource of concern, Planning staff may be contacted for further information. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. 1. Describe each item as it relates to the PROJECT SITE: a. Existing land uses/ structures: _____________________ _ b. Topography/ slope: _______________________ _ c. Vegetation: ---------------------------- d. Wildlife: ----------------------------- e. Surface waters: --------------------------- f. Cultural / historical resources: ---------------------- g. Other: _____________________________ _ 2. Describe each item as it relates to the SURROUNDING AREA: a. Existing land uses/ structures: ---------------------- b. Topography/ slope: ________________________ _ c. Vegetation: ___________________________ _ d. Wildlife: __________________________ _ e. Surface waters: __________________________ _ f. Cultural/ historical resources: _____________________ _ g. Other: _____________________________ _ Page 3 of 5 DRAFT P-l(D) Form Rev 6/2023 3. Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. 4. What steps can be taken to mitigate any adverse effects that may result from this project? List the adverse effect first, then the mitigation measure(s) to reduce that effect. Are the following items applicable to the project or its effects? Discuss all items checked "yes" (attach additional sheets as necessary). 5. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 6. Change in scenic views or vistas from existing residential areas or public lands or roads. 7. Change in pattern, scale or character of general area of project. 8. Significant amounts of solid waste or litter. 9. Change in dust, ash, smoke, fumes or odors in vicinity. 10. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 10. Substantial change in existing noise or vibration levels in the vicinity. 11. Site on filled land or on slope of 10 percent or more. 12. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 13. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 14. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 15. Relationship to a larger project or series of projects of the same type in the same general area. Yes No □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Page 4 of 5 DRAFT P-l(D) Form Rev 6/2023 Yes No 16. Site with tree groves, rock outcroppings, or similar resources. □ □ 17. Site with sensitive plant or animal habitats, defined by the California Endangered □ □ Special Act (Fish and Game Code §§ 2050 et. seq.) or the Federal Endangered Species Act (16 U.S.C. §§ et. seq.); or sensitive, rare, candidate species of special concern; endangered or threatened biological specials or their habitat (specifically including sage scrub habitat for the California Gnatcatcher); or the site is immediately adjacent to a corridor or larger area which has wildlife movement. 18. Site has known archaeological or cultural resources from either historic or □ □ prehistoric periods. 19. Site has buildings or structures, including houses, garages, barns, commercial □ □ structures, etc. with extant architecture that are u·sually more than 45 years old. NOTE: The city requires completion of this form for informational purposes. An affirmative response to any of the items does not necessarily trigger special or additional CEQA review. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form to help expedite the city's environmental review but IS NOT required to complete your application. Formal environmental review does not begin the Land Use Review Application is determined to be complete. [A-few statutes or ordlnanc:es require age.ncies-to-make decisions on permits within time limits that are so 'short that review of the project under CEQA time li_mits would be difficult. To enable the city to comply :with the Permit Streamlining Act and CEQA,·the case planner will deem an application for a project not' ;received for filing under the statute or ordinance until such time that progress toward completing the :environmental documentation required by CEQA is sufficient to enable the city to finish the CEQA process· !wit~in the _short:er p~rmit time limi~. -______ _ This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing. Page 5 of 5 DRAFT P-l(D) Form Rev 6/2023 Ccicyof Carlsbad FINANCIALLY Development Services RESPONSIBLE PARTY Planning Division STATEMENT p. 1 {J)CITY OF Cl-\!'.L.::::'. L-'./'.'._)..635 Faraday Avenue -(442-339-2600 JUN 2 4 2024 www. ca rls bad ca .gov PLANNING DIVISIOr,J ~ APPLICATION INFORMATION This submittal form is to be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until Part A is completed. Part B is to be completed only when there is a change in assignment and there is a new Financially Responsible Party. PART A. Assignment It is the policy of the City of Carlsbad to recover the actual cost of processing Land Use Review Applications, including all time spent by city staff to review, refer, and coordinate land development applications. The fee amounts are set by ordinance or resolution to cover the estimated costs of processing the application package. Actual costs may vary substantially due to project location, environmental issues, planning constraints, appeals or code/ordinance compliance. The Property Owner, Applicant, or Agent is required to submit proof of payment for the required intake fee amount for each application permit type. The amount due and to be received by the city must be based on the Master Fee Schedule in effect' at the time of payment, regardless of the original estimate or costs paid to process prior projects. The person named as Financially Responsible Party in this document is person or persons responsible for depositing, transferring, or has previously sent funds to process the following application. PROJECT NAME= Av1 C\f't\. t\ u 'nhr.,v.s, BRIEFPROJECTSUMMARV: ~~\"~D~ \Le,~cfe\ PROJECT LocAT1ON: ~ 16 AM2:>~.s ,"'-L l'\, Ca.els. ha.cl, CA ct.2.0 tt Said fees or deposits and any subsequent fees or deposits are made on behalf of the person, corporation or partnership named below as the "Financially Responsible Party." With reference to said application and fees or deposits, the Financially Responsible Party hereby acknowledges and agrees as follows: 1. Said initial payment, deposit, and any subsequent payments or deposits shall be held by the city in an account under the name of the project and/or Financially Responsible Party, and the funds remaining in said account at the completion of work or withdrawal of the application shall be refunded to the Financially Responsible Party at the address below. In the case that the Financially Responsible Party transfers ownership of the subject property and wishes to transfer responsibility of the Deposit Account to the new owner, a Change of Financial Responsibility Form must be completed to authorize transfer of ownership of funds in said account (Section 3 of this document). The Financially Responsible Party may contact the assigned planner to request a new form. Page 1 of 3 P-1(J) Form Rev 7/2023 2. All costs incurred by the city in processing said application, ·including overhead, whether within or over the is the Financially Responsible Party's personal obligation and shall not be affected by sale or transfer of the property subject to the application, changes in Financially Responsible Party's business organization, or any other reason. "Costs incurred by the city" as identified in this paragraph may include costs for the services of an outside contractor for third party review, including environmental evaluation. Where the City Planner determines it is necessary to engage the services of an outside contractor to assist with application processing, costs for such services are to be paid by the Financially Responsible Party in the same manner identified above. 3. If the Financially Responsible Party withdraws an application, the City Planner will cease processing of the application within one day and will proceed with the case closure process. The Financially Responsible Party is responsible for all case closure costs. Case closure costs will be minimized to the maximum extent practicable. The Financially Responsible Party is a (check one): □ Applicant [j[Property Owner □ Agent □ Other: -------------- Financially Responsible Party's Legal Name: -~c~V\~CL-11\~C~e~\~-~--'t-\-CJ'(~------ D (JJ l G\ s ~ <.\,f ~W u..y ~ u ~~~ \05"""() Address: \ L..\ :l, L-/ l City: ~u~\C\S State: I 'X Zip Code: 'J ~ 2., {:'j Cell Phone: Phone:lbn) LL3)..-b).. l.f EJ ------------ Email: C.. t e>..y k, r-Q t}: d,, o Mo By signing below, I/We have read this form and agree to all terms and li_mitations provided for application intake and processing. I understand and agree that as the Financially Responsible Party, I/We are responsible for payment of all fees associated with this project including all hourly or other fees which might accrue during the review and/or post-issuan·ce whether the permit issued or whether the application is canceled or denied before the permit is issued. Financially Responsible Party Signature: Cha,,c Jq,~ Print Name: (!_,bhnc C L~y '6 Y- Date: b /j.,~//;;. 4 The information about the Financially Responsible Party provided above must be 100% accurate. If there • is a refund, the check will be mailed to the name and address stated below. If the information stated on this form is inconsistent with our system, the Financially Responsible Party must clarify and correct before the application can be deemed complete. Also, a Letter of Authorization (LOA) is required if the Financially Responsible Party is a "company", stating that the Agent has the authority to complete and sign this form. Page 2of 3 P-1(J) Form Rev 7/2023 PART B. Change in Assignment {New Responsible Party) This por,tion of the submittal form is to be completed when the Financially Responsible Person changes during the course of processing the application with the City of Carlsbad. Transferring from (to be completed by current Financially Responsible Party): I, _________________ __, hereby assign and transfer all rights and financial responsibilities for the following application: PROJECT NAME: __________________________ _ BRIEF PROJECT SUMMARY: _____________________ _ PROJECT LOCATION: _______________________ _ PLANNING CASE NOS.: _______________________ _ Current Financially Responsible Party Signature: ________________ _ Print Name: ___________________ Date: _______ _ Acceptance of Transfer (to be completed by the new Financial Responsible Party): I, ____________ __, hereby accept financial responsibility for the above-mentioned project from ___________ (FRP, Part A.), effective date. _____ _ New Financially Responsible Party's Legal Name: _______________ _ Address: _____________________________ _ City: ______________ State: ___ Zip Code: ______ _ • Phone: _____________ Cell Phone: ____________ _ Email: _____________________________ _ New Financially Responsible Party Signature: ________________ _ To be stapled/attached with receipt to the application and shall be effective until replaced or revoked in writing. Page 3 of 3 P-1(J) Form Rev 7/2023 Ccicyof Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ Development Services Planning Division SINGLE FAMILY RESIDENCE ~, .-'.., -~ ,, 1635 Faraday Avenue APPLICATION CITY OF C/\i\\ .• _ .• , •• , ·-(442)339-2610 P-6 JUN Z 4 2024 www.carlsbadca.gov PLANNING DIVISION A proposed project requiring application submittal must be submitted by appointment*. Please call 442-339-2600 to make an appointment. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. ihese costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ New Residential Square Footage: ______ square feet x $ ___ _,/sq~ ft. = $ ________ _ ⇒ Residential Addition Square Footage: ______ square feet x $ ____ ./sq. ft.=$ ________ _ ⇒ . Any Garage Square Footage: ______ square feet x $ ____ ./sq. ft.=$ ________ _ ⇒ Residential Conversion Square Footage: sen+ (1,749 SF-500 SF)'0.48 = $1,476.5 per Master Fee Schedule p39 1,749 square feet X $ ___ ~/Sq. ft. : $ "Commercial Residential Mullifamay Residential Remodels-Structural ⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ square feet x $ __ /sq. ft.=$ __________ _ COST OF DEVELOPMENT ESTIMATE: $ ___________ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate)~ 2. A Coastal Development Permit ($60,000 or more cost estimate) D C. Street address of proposed development 6610 Ambrosia Ln, Carlsbad, CA 92011 P-6 Page 1 of7 Revised 3/22 D. Assessor's Parcel Number of proposed development 21 qB-400-300 E. Development Description: Briefly describe project:_ CLUBHOUSE INTERIOR RENOVATION -CONVERSION OF 1,749 SF OF THE SECOND STORY OF AN EXISTING 2-STORY, -------DETACHED CLUBHOUSE, INTO A ONE-BEDROOM ADU AND A TWO-BEDROOM ADU AT AN EXISTING APARTMENT COMPLEX. -------NO CHANGE TO BUILDING FOOTPRINT OR HEIGHT F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: Apartments South: Apartments East: Residential West: Apartments G. Is project located within a 100-year flood plain? 0Yes 0No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? MYes 0No If yes, please describe. Apartment buildings B. Will any existing structure be removed/demolished? D Yes ~ No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE A. Existing and Proposed Existing Progosed Total Building Coverage 346,302 sq. ft. 0 sq. ft. 346,302 sq. ft. Landscaped Area N/A sq. ft. 0 sq. ft. sq. ft. Hardscape Area N/A sq. ft. 0 sq. ft. sq. ft. Unimproved Area (Left Natural) NIA sq. ft. 0 sq. ft. sq. ft. P-6 Page 2 of7 Revised 3/22 % % % % P-6 B. Parking: Number of existing spaces 581 (Existing) Nu b r ·f W d 0; in pursuant to CA govemmiint code section 65852.2 (d)(1 )(C), no parking m e O ne Spaces propose is required for the proposed J(OU's ----'-------'--'--------------- Existing/Proposed TOTAL: 581 Number of total spaces required 581 (Existing) Number of covered spaces 288 (Existing) Number of uncovered spaces 253 Standard Open; 31 Compact Open Number of standard spaces 258 Compact Open Number of compact spaces 31 Compact Open Is tandem parking existing? D Yes # ~ No Is tandem parking proposed? D Yes # ~ No C. Grade Alteration: Is any grading proposed? D Yes If yes, please complete the following: 1. Amount of cut ___________________ .cu. yds. 2. 3. 4. 5. Amount of fill ___________________ c.u. yds. Maximum height of fill slope feet Maximum height of cut slope feet Amount of import or export cu. yds. 6. Location of borrow or disposal site ________________ _ Page 3 of7 Revised 3/22 notreq'd The following materials shall be submitted for each single family residence/minor coastal development permit application. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right-hand corner of plan visible.) P-6 A. SITE PLAN -Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Coastal Development Permit on 24" x 36" sheet(s). Five (5) copies if landscape review is required. Each site plan shall contain the following information: 1. GENERAL INFORMATION 0a. Name, address, and phone number of registered civil engineer, licensed surveyor, r-/.. landscape architect or land planner who prepared the maps/plans. ~b. Location, size and use of all easements. ~-Dimensions and locations of: access, both pedestrian · and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing d location, number and typical dimension of spaces, and wheel stops. · ~9-Distance between buildings and/or structures. ~e. Building setbacks (front, rear and sides). Gt. Location, height and materials of walls and fences. Og. Dimensions/location of ground-mounted signs. h. Indicate location and layout of Photovoltaic (PV) systems as required per Ordinance No. CS-34 7. Show locations for roof mounted and ground mounted systems and include power (KWdc) of each separate PV system. Indicate location and layout of Electric Vehicle parking spaces/charging stations. Callout EV Charging Stations, EV Ready, EV Capable as required per CMC Title 18.21.120-150. Indicate method (PV-heat pump, solar) that satisfies hot water heating requirements per Ordinance No. CS-347. Dk. summary table of the following (if applicable to the application): 1) Street address and assessor's parcel number. (2) Site acreage. • (3) Existing Land Use Designation and Zoning. (4) Proposed land use. []ts) Total building coverage (in square feet and as a percent). [!lj6) Percent of site to be landscaped. ~(7) Number of parking spaces required/provided. ISJ(B) Square Footage of open or recreational space (if applicable). ISJ(9) Cubic footage of storage space (if applicable). 0(10) Climate Action Plan (CAP) Compliance (results from Section 11.D below) (a) Consistent with existing General Plan Land Use and Zoning @,o i. GHG Study required? -ye~ (b) Energy Efficiency requirement -yes(§) (c) Photovoltaic requirement-yes/~ i. ___ KW-de roof mounted ii. ___ KW-de ground mounted iii. ___ KW-de total project (d) Electric Vehicle Charging requirement ye® i. ____ # EV Chargers ii. ____ # EV Ready iii. ____ # EV Capable (e) Hot Water Heating requirement yes(fiv (f) Traffic Demand Management Required yesl§) Page 4 of7 Revised 3/22 D1. All applicable Fire Suppression Zones as required by the City's Landscape Manual. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this plication. In certain areas, an engineering geology report must also be included. Please con t the Planning Division and Land Development Engineering Division representatives for a dete • tion on any grading plan geotechnical requirements if the project is in an overlay zone. The fo ing information shall be submitted at a minimum: D 1. Approximate c ours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 1 • and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed to raphic contours within a 1 DO-foot perimeter of the boundaries of the site. Extend contours s ciently out from the site to adequately show the adjacent floodplain (if applicable). 02. Earthwork volumes: cut, fill, import an art. 03. Spot elevations at the corners of each pad. 04. Method of draining each lot. Include a typical cro section taken parallel to the frontage for lots with less than standard frontage. Os. Location, width and/or size of all watercourses and drainag cilities within and adjacent to the proposed subdivision; show location and approximat detention/retention basins. 06. Clearly show and label the 100 year flood line for the before and after co • ions for any project which is within or adjacent to a FEMA flood plain. C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal Development Permit and four (4) copies a Single Family Coastal Development Permit prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following information: D 1. Location and size of storage areas. 02. All buildings, structures, wall and/or fences, signs and exterior lights. 03. Existing and proposed construction. 04. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). Os. Building Heights of all structures (top of roof and top of roof projections) D. CONCEPTUAL LANDSCAPE PLANS -Five (5) copies of the site plan shall be submitted if applicable. To determine if a landscape Ian is required, consult Chapter 1-Applicability in the Landscape Manual. COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS ts: De. Do. P-6 A completed Land Use Review Application Form." Completed Coastal Development Permit Applicatiol / Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with Planning staff regarding Minor Coastal Development Permits and Single Family Coastal Development Permits for any environmental review requirements. / Climate Action Plan (CAP) Checklist -See form P-30 -Complete form to demonstrate project compliance with the CAP. Applicable measures identified in checklist must be incorporated into project design features and data incorporated into the Summary Table. 1. If project meets employee ADT thresholds per checklist, include 2 (two) copies of a Transportation Demand Management (TOM) Plan with submittal. Refer to http://carlsbadca.gov/services/building/tdm.asp for information, guidelines and templates. Page 5 of 7 Revised 3/22 Elf----Disclosure Stat~-me.Zt. ~ -/ \ • • ✓ ~i=~--fwo(2) copies of the_Prefiminary Title Report(currenj.within the last six (6) months). @G. [ Co~ple_te~ "~r~je_c! _Desc~)ption{~xpl~_na!ion.: ~~~et:~ , 0H. Two copies of a completed and signed "Storm Water Standards Questionnaire" (form E-34 ). This form can be found on the City's website. (Distribute copy to Land Development Engineering). ✓ D1. If, when completing the Storm Water Standards Questionnaire, the project is subject to "Standard Project," requirements, submit a completed and signed "Standard Project Requirement Checklist" (form E-36) in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. OJ. If, when completing the Storm Water Standards Questionnaire, the project is defined as a "Priority Development Project," submit a preliminary Storm Water Quality Management Plan (SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. Refer t7o the city's SWQMP template (form E-35). DK. Property Owner's List and Addressed Labels: Minor Coastal Development Permit -required with application submittal 1. A typewritten list of the names and addresses of all property owners within a 100' radius of the subject property (including the applicant and/or owner), all occupants within a 100' radius of the subject property, and any applicable Homeowners/Property Owners Association (HOA/POA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 100' radius of the subject property, all occupants within a 100' radius and the applicable HOA/POA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single- family residence, an apartment, suite or building number must be included on a separate line -DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes-PROVIDE LABELS ONLY. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 100' Radius Map: A map to scale not less than 1 "=200' showing each lot within 100' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. P-6 Page 6of7 Revised 3/22 \, Coastal Development Permit -Single-Family Residence/Appealable Area -When the application is tentatively scheduled to be heard by the decision-making body, the project planner will contact the applicant and advise him to submit the radius map, two sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office. The project will not go forward until this information is received. 1. A typewritten list of the names and addresses of all property owners within a 600' radius of the subject property (including the applicant and/or owner), all occupants within a 100' radius of the subject property, and the applicable Homeowners Association (HOA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Arial 10, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad,CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 600' Radius Map: A map to scale not less than 1 "=200' showing each lot within 600' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. P-6 Page 7 of7 Revised 3/22 , Development Services , Planning Division 1635 Faraday Avenue ( 442) 339-2610 www.carlsbadca.gov PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 {city of Carlsbad In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). * *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section 15183.S(b). Please consult with the Planning Department for further guidance. Additional information may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report. This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that require discretionary review. The specific applicable requirements outlined in the checklist shall be required as conditions of project approval for CAP compliant projects with streamlined GHG emissions assessments. This checklist (i.e. Form P-30) is complementary to the checklist provided in Form B-50, which is specific to building permits and required for building permit applications. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. • If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. • The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 8 CITY OF CARLSBAD AUG 1 6 2024 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent {MTCO2e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act {CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent with the existi11g General Plan land use and specific/master plan or zoning designatior,s? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No □ If "Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. If "No#, proceed to Question B. B. The CAP established a screening threshold of 900 MTC02e/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTCOze/year screening threshold. If "Yes#, proceed to Step 2 of the checklist. □ □ If "No#, the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 8 Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP . The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: Property Address/APN: Applicant Name/Co.: Aviara Clubhouse Renovation 2158-400-300 Tim Seaman Applicant Address: P.O. Box 5955, Chula Vista, CA 91912 Contact Phone: 619-993-8846 Contact Email: tim@championpermits.com Contact information of person completing this checklist (if different than above): Name: Karen Varholick Contact Phone: 360-921-4869 Abramson Architects Company name/address: 5171 W Jefferson Blvd, Los Angeles, CA 90016 Contact Email: karen@abramsonarchitects.com Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. D Alterations: 0 BPV < $60,000 □ BPV 2: $60,000 D Electrical service panel upgrade r/ BPV 2: $200,000 BPV 2: $1,000,000 D New construction P-30 $262,196 N/A lA and 4A 4A lA and 4A 2B Page 3 of 8 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Multi-family dwellings only where 2:$1,000,000 BPV AND affecting 2:75% existing floor area Revised 06/22 City of Carlsbad Climate Acuon Plan Consistency Checklist □ Alterations: □ BPV :i?: $200,000 or additions :i?: 18,5 1,000 square feet □ BPV :i?: $1,000,000 18, 28 and 5 Building alterations of~ 75% existing gross floor area □ :i?: 2,000 sq. ft. new roof addition 28 and 5 18 also applies if BPV :i?: $200,000 Please refer to Carlsbad Ordinance No. CS-437 for more information when completing this section. A. ~ Residential addition or alteration c!! $60,000 building permit valuation. D N/A ________ _ See Ord. CS-437. D Exception: Home energy score ~ 7 (attach certification) Year Built Single-family Requirements Multi-family Requirements D Before 1978 Select one: D Duct sealing D Attic insulation □Cool roof D Attic insulation D 1978 and later Select one: D Lighting package D Water heating package D Between 1978 and 1990 Select one: D Attic insulation D Duct Sealing □Cool roof ~ 1991 and later ~ I one: ghti'l:!'ackage D Water heating package □ Nonresidential* new construction or alterations~ $200,000 building permit valuation, ~ SEE "CLIMATE ACTION PLAN r B. NOTES" ON SHEET A200 .. or additions c!! 1,000 square feet. D N/A _________ _ See CALGreen Appendix AS, as amended in CS-437. AS.203.1.1.1 D Outdoor lighting: .90 Allowed Outdoor Lighting Power D N/A AS.203.1.1.2 D Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) □ N/A AS.203.1.2.1 Choose one as applicable: D .95 Energy budget D .90 Energy budget D N/A AS.211.1.•• D On-site renewable energy D N/A AS.211.3** D Green power (if offered by local utility provider, 50% minimum renewable sources) D N/A AS.212.1 D Elevators and escalators D N/A P-30 Page 4 of 8 Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist AS.213.1 □ Steel framing 0 N/A • Includes hotels/motels and high-rise residential buildings •• For alterations 2: $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. A. 0 Residential new construction. Refer to Carlsbad Ordinance No. cs-437 for requirements, which amends Section 150.l(c) of the CEC for single-family residential; and Section 170.Z(d) of the CEC for multi-family requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS447, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc• sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than cakulated size, please explain. Exception □ D □ □ kWdc B. 0 Nonresidential and hotel/motel new construction; or major alterations to nonresidential, hotel/motels, and multi-family residential ~$1,000,000 BPV and affecting ~75% existing floor area, or addition that increases roof area by ~2,000 square feel Please refer to Carlsbad Ordinance cs-437 when completing this section.• Choose one ofthe following methods: □ Gross Floor Area (GFA) Method GFA: D If< 10,000s.f. Enter: 5 kWdc Min. System Size: 0 If 2: 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** ___ kWdc **Round building size factor to nearest tenth, and round system size to nearest whole number. □ Time-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: kWdc ---- ***Attach calculation documentation using modeling software approved by the caUfornia Energy Commission. • New CEC standards also require battery storage systems meeting the requirements if Reference Joint Appendix JA12 of the CEC. P-30 Page 5 of 8 Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist A. D Residential new construction Please refer to Carlsbad Ordinance C5-437 when completing this section. D For systems serving individual dwelling units and achieving 60% of energy needed from on-site solar or recovered energy, choose one: D Single 240-volt heat pump water heater AND compact hot water distribution AND Drain water heat recovery (low- rise residential only) D Single 240-volt heat pump water heater AND PV system .3 kWdc larger than required. D Heat pump water heater meeting NEEA Advanced Water Heating Specification Tier 3 or higher. D Solar water heating system with electric backup that is either .60 solar savings fraction of 40 s.f. solar collectors. D Gas or propane system with a solar water heating system and recirculation system D Exception: D For systems serving multiple dwelling units and achieving 60% of energy needed from on-site solar or recovered energy, install a central water-heating system with all of the following: D Recirculation system D Solar water heating system that is either: D .20 solar savings fraction D .15 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-437 when completing this section. D Water heating system derives at least 40% of its energy from one of the following (attach documentation): D Solar-thermal D Photovoltaics D Water heating system is (choose one): D Heat pump water heater D Electric resistance water heater(s) D Solar water heating system with .40 solar savings fraction D Exception: P-30 Page 6 of 8 D Recovered energy Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist A. D Residential -New construction and major alterations• Please refer to Carlsbad Ordinance CS-437 when completing this section. □ One and two-family residential dwelling alterations with no electrical panel upgrade (No EV space required) 121' ADU (no EV space required when no additional parking facilities are added) □ One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required □ Exception : □ Multi-family residential· □ Exception • Total Parking Spaces EVSE Spaces Proposed for New Capable Ready Construction (10% of proposed) (25% of prooosed) Total Proposed or Altered Capable - Spaces (Major (10% of proposed) Alterations)0 Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready'' or "Installed.") Installed Total (5% of proposed) -Total *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation :i: $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation :i: $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. **When new parking facilities are added, or electrical systems or lighting to existing parking facilities are added or altered and the work requires a building permit, 10% of the total number of parking spaces or altered shall be EV Capable. This is NOT a CAP checklist requirement, but is included to coordinate CEC compliance early in the planning process B D Nonresidential new construction (includes hotels/motels) □ Exception • Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces (Capable) Number of reQuired EVSE Installed Spaces □ 0-9 1 1 D 10-25 4 1 D 26-50 8 2 D 51-75 13 3 □ 76-100 17 5 □ 101-150 25 6 □ 151-200 35 9 □ 201 and over 20 percent of total 25 percent of EV Capable P-30 Page 7 of 8 Revised 06/22 • City of Carlsbad Climate Action Plan Consistency Checklist A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of cartsbad Employee ADT Table. Use GFA Employee ADT /1,000 S.F. Total Employee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TDM and transportation system management strategies. Please consult with City of cartsbad Land Development Engineering (LDE) staff to determine whether this policy applies to your project. TDM plan required: Yes D No D LDE Staff Verification: □ _____ (staff initials) P-30 Page 8 of 8 Revised 06/22 ( Cicyof Carlsbad Certificate of Accuracy P-37 Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov Project Name Aviara Clubhouse Renovation Type of permit(s) applying for Minor CDP & Building Department P-37 CITY OF CARLSBAD -PLANNING DIVISION CERTIFICATE OF ACCURACY I certify all documents and plans clearly and accurately show all existing and all proposed buildings, structures, access roads, and utilities/utility easements. All proposed land use activities, improvements to land, and/or building modifications or additions are clearly labeled on the site plan of the approved plan set. I understand that any potentially existing detail within these plans inconsistent with the site plan are not approved and may be required to be altered or removed. The submitted documents and plans show the correct dimensions of the property, the buildings, and structures and their setbacks from property lines and from one another, access roads/easements, and utilities. The existing and proposed use of land and of each building as stated is true and correct. Further, all improvements existing on the property were completed in accordance with all regulations in existence at the time of their construction, unless otherwise noted. All easements and other encumbrances to development have been accurately shown and labeled as well as all on-site ra~sit~ ~ _ pa ration. Applicant:___________ Date: 3 zy Page 1 of 1 CITY OF CA~L s AUG 1 6 2024 PLANNING D,V,..:,,C Rev. 2/2022 (city of Carlsbad STORM WATER STANDARDS Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 QUESTIONNAIRE E-34 Jl: N i. A 2024 www.carlsbadca .gov NING DIVISION J 1NSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision , discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements, "PRIORITY DEVELOPMENT PROJECT (PDP) requirements or not considered a development project. This questionnaire will also determine if the project is subject to TRASH CAPTURE REQUIREMENTS. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return o(the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one comp leted and signed questionnaire is required when multiple development applications for the same project are submitted concurrent! . PROJECT INFORMATION APN: PROJECT NAME: . • V} fr~ ADDREss: t fo!O If {A-t ~s r/'4 2 lr8<l oaS oo The project is (check one): The total proposed disturbed area is:& 7 l/ The total proposed newly created and/or replaced impervious area is:~~ __ ft2 ~-~-) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID _________________ SWQMP #: _________________ _ Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. This Box for City Use Only YES NO Date: Project ID: City Concurrence: □ □ By: E-34 Page 1 of 4 REV 04/23 , .... , • ' STEP 1 TO BE COMPLETED FOR ALL PROJECTS - - - To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO'routine maintenance activity and/or repair/improvements to an existing building □ □ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 6, mark the box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2. -,_. --STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or !tails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; OR □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance with US EPA Green Streets guidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ □ accordance with the US EPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □ If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 6, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption (e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 04/23 -STEP3 - TO BE COMPLETED FOR ALL. NEW OR REDEVELOPMJ!;:NT PROJECTS .. . ._a .. -~ To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces □ ~ collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. I 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious ,li surface collectively over the entire project site on an existing site of 10,000 square feet or more of □ impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a □ .Y facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious /6 surface collectively over the entire project site and supports a hillside development project? A hillside □ development project includes development on any natural slope that is twenty-five percent or greater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of Ji impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a □ land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more /4 of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally □ ~ Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ , shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ ? RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ p and are expected to generate pollutants post construction? 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of I impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ f 21.203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, complete the trash capture question. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT'. Go to step 5, complete the trash capture question. .. . . • Environmentally Sens1t1ve Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. E-34 Page 3 of 4 REV 04/23 • STEP4 ·TOBE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, complete the trash capture question. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, complete the trash capture question. -... STEPS -.. TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS -- Complete the question below regarding your Project (SDRWQCB Order No. 2017-0077): YES NO Is the Project within any of the following Priority Land Use (PLU) categories? R-23 (15-23 du/ac), R-30 (23-30 du/ac), Pl (Planned Industrial), CF (Community Facilities), GC (General □ □ Commercial), L (Local Shopping Center), R (Regional Commercial), V-B (Village-Barrio), VC (Visitor Commercial), 0 (Office), VC/OS (Visitor Commercial/Open Space), Pl/O (Planned Industrial/Office), or Public Transportation Station If you answered "yes", the 'PROJECT' is subject to TRASH CAPTURE REQUIREMENTS. Go to step 6, check the first box stating, "My project is subject to TRASH CAPTURE REQUIREMENTS ... " and the second or third box as determined in step 3. If vou answered "no", Go to step 6, check the second or third box as determined in step 3. STEP6 CHECK THE APPROPRIATE BOX(ES) AND COMPLETE APPLICANT INFORMATION D My project is subject to TRASH CAPTURE REQUIREMENTS and must comply with TRASH CAPTURE REQUIREMENTS of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP). [N 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. If my project is subject to TRASH CAPTURE REQUIREMENTS, I will submit a TRASH CAPTURE Storm Water Quality Management Plan (TCSWQMP) per E-35A. D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) per E-35 template for submittal at time of application. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D 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:\ \ ~ S e .. o.J1\,.•--UV\. Applicant Title: Applicant Signature:~ A ~'J Date: 6 /.2 'I /:2. ~ E-34 Page 4 of 4 REV 04/23 Docu~ign Envelope ID: DA0FB22C-9D10-43C4-AE6F-56673BFB04AD AGREEMENT OF LIMITED PARTNERSHIP OF IMP A VIARA LP rJ.A~Jl\lli~C~ 1)1\/lJIOi') This Agreement of Limited Partnership of IMP A VIARA LP (this "Agreement"), dated as of December 28, 2022, is entered into by and between IMP A VIARA GP LLC, a Delaware limited liability company, as the general partner (the "General Partner''), and INSTITUTIONAL MUL TIF AMIL Y PARTNERS LLC, a California limited liability company, as the limited partner (the "Limited Partner"). BACKGROUND A. IMP A VIARA LP (the "Partnership") was initially formed on November 26, 2018 as a Delaware limited liability company named "IMP A VIARA LLC" and was governed by a Limited Liability Company Agreement of even date therewith (together with any amendments thereto, the "Prior Agreement"). B. On the Effective Date, a Certificate of Conversion from a Limited Liability Company to a Limited Partnership, together with a Certificate of Limited Partnership, were filed with the Secretary of State of the State of Delaware to convert the Partnership from a Delaware limited liability company to a Delaware limited partnership. C. This Agreement is intended to govern the business and operations of the Partnership and replaces the Prior Agreement in its entirety. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: I. Name. The name of the Partnership is "IMP A VIARA LP" or such other name or names as the General Partner may designate from time to time. 2. Purpose. The Partnership is formed for the object and purpose of, and the nature of the business to be conducted and promoted by the Partnership is, engaging in any lawful act or activity for which limited partnerships may be formed under the Delaware Revised Uniform Limited Partnership Act (6 Del. C. §17-101, et seq.), as amended from time to time (the "Partnership Act"). The foregoing provisions shall be subject to the limitations, if any, set forth on Schedule 1 of this Agreement. 3. Registered Office and Registered Agent. The registered office of the Partnership in the State of Delaware is located at Corporation Trust Center, 1209 Orange Street, City of Wilmington, New Castle County, Delaware 19801. The registered agent of the Partnership for service of process at such address is The Corporation Trust Company. 4. Partners. The names and addresses of the General Partner and the Limited Partner and their respective partnership interests are as set forth on Exhibit A of this Agreement. Docu~ign Envelope ID: DA0F822C-9D10-43C4-AE6F-56673BFB04AD . 5. Powers. The powers of the General Partner include all powers, statutory and otherwise, possessed by general partners under the laws of the State of Delaware. Notwithstanding any other provisions of this Agreement, the General Partner is authorized to execute and deliver any document on behalf of the Partnership without any vote or consent of any other person or entity, including, without limitation, any other partner. 6. Dissolution. The Partnership shall dissolve, and its affairs shall be wound up, at such time as (a) all of the partners of the Partnership approve in writing, (b) an event of withdrawal of the general partner has occurred under the Partnership Act, ( c) there are no limited partners of the Partnership unless the business of the Partnership is continued in accordance with the Partnership Act, or ( d) an entry of a decree of judicial dissolution has occurred under § 1 7-802 of the Partnership Act; provided that the Partnership shall not be dissolved or required to be wound up upon an event of withdrawal of a general partner described in clause (b) if (i) at the time of such event of withdrawal, there is at least one (1) other general partner of the Partnership who carries on the business of the Partnership ( any remaining general partner being hereby authorized to carry on the business of the Partnership), or (ii) within ninety (90) days after the occurrence of such event of withdrawal, all remaining partners agree in writing to continue the business of the Partnership and to the appointment, effective as of the date of the event of withdrawal, of one (1) or more additional general partners of the Partnership. 7. Capital Contributions. The partners of the Partnership have contributed the following amounts, in cash, and no other property, to the Partnership: General Partner: Limited Partner: $0.00 $100.00 8. Additional Contributions. No partner of the Partnership is required to make any additional capital contribution to the Partnership. 9. Allocation of Profits and Losses. The Partnership's profits and losses shall be allocated in proportion to the capital contributions of the partners of the Partnership. 10. Distributions. Distributions shall be made to the partners of the Partnership at the times and in the aggregate amounts determined by the General Partner and allocated among the partners of the Partnership in the same proportion as their then capital account balances. Notwithstanding any provision to the contrary contained in this Agreement, the Partnership, and the General Partner on behalf of the Partnership, shall not be required to make a distribution to any Partner on account of its interest in the Partnership if such distribution would violate the Partnership Act or other applicable law. 11. Assignments. A partner may only assign its partnership interest ( or any · portion thereof) only with the consent of the other non-assigning partner(s). 12. Withdrawal. (a) The Limited Partner may not withdraw from the Partnership without the consent thereto of the General Partner. 2 Docu$ign Envelope ID: DA0FB22C-9D10-43C4-AE6F-56673BFB04AD (b) The General Partner may not withdraw from the Partnership without the consent thereto of the Limited Partner. 13. Admission of Additional or Substitute Partners. (a) Any additional or substitute limited partners of the Partnership may be admitted to the Partnership with only the consent of the General Partner. (b) Any additional or substitute general partners of the Partnership may be admitted to the Partnership with only the consent of the General Partner. 14. Liability of Limited Partner. The Limited Partner shall not have any liability for the obligations or liabilities of the Partnership except to the extent required by the Partnership Act. 15. Amendment. This Agreement may be amended for any reason by the General Partner in its sole discretion and no amendment to this Agreement shall require the consent of the Limited Partner. 16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to the conflict of law rules thereof, and, to the maximum extent possible, in such manner as to comply with all the terms and conditions of the Partnership Act. If it is determined by a court of competent jurisdiction that any provision of this Agreement is invalid under applicable law, such provision shall be ineffective only in such jurisdiction and only to the extent of such prohibition or invalidity, without invalidating the remainder of this Agreement. 17. No Third Party Beneficiaries. No person or entity (including creditors of the Partnership) that is not a party hereto shall have any rights or obligations pursuant to this Agreement. The provisions of this Agreement are intended to benefit the partners of the Partnership and, to the maximum extent not prohibited by applicable law, shall not be construed as conferring any benefit upon any creditor of the Partnership. To the maximum extent not prohibited by applicable law, no partner of the Partnership shall have any duty or obligation to any creditor of the Partnership to make any contribution to the Partnership or to recall any distribution. In no event shall any provision of this Agreement be enforceable for the benefit of any person or entity other than the partners of the Partnership and their respective successors and assigns. 18. Construction. Unless the context otherwise requires: (a) a term has the meaning assigned to it; (b) "or" is not exclusive; ( c) words in the singular include the plural, and words in the plural include the singular; ( d) provisions apply to successive events and transactions; ( e) the words "herein," "hereof' and other words of similar import refer to this Agreement as a whole and not to any particular Section or other subdivision; (f) all references herein to Sections, paragraphs, subparagraphs and clauses shall be deemed to be references to Sections, paragraphs, subparagraphs and clauses of this Agreement unless the context shall otherwise require; (g) any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms; (h) the words "include," "includes" and "including" shall be deemed to be followed by the phrase "without limitation"; (i) the word "extent" in the phrase "to the extent" shall mean the degree to which a subject or other thing extends, and such phrase shall not mean simply "if'; G) 3 DocuSign Envelope ID: DA0FB22C-9D10-43C4-AE6F-56673BF804AD references to "$" or "dollars" shall mean United States dollars; (k) unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement, instrument or statute that is referred to herein means such agreement, instrument or statute as from time to time amended, restated, waived or otherwise modified or supplemented, including (i) in the case of agreements or instruments, by waiver or consent, and (ii) in the case of statutes, by succession of comparable successor statutes, and references to all attachments thereto and instruments incorporated therein; (1) references to the "United States" or the "U.S." shall include the District of Columbia and any state, territory or other governmental jurisdiction of the United States, in each case, as the Board of Directors determines in its sole discretion to be appropriate; (m) the phrase "applicable law" shall mean applicable law, statute, rule, regulation, judicial or governmental order, judgment or decree, or other legal process and (n) the headings of the articles, sections and subsections of this Agreement are inserted for convenience of reference only and shall not be deemed to constitute a part hereof or affect the interpretation hereo£ Each Member acknowledges that it participated in, or had the meaningful opportunity to participate in, the negotiations and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed to be the product of meaningful individualized negotiations between the Partners and, to the maximum extent not prohibited by applicable law, no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 19. Counterparts. This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument, but all such executed counterparts together shall constitute one and the same instrument. For the avoidance of doubt a person's execution and delivery of this Agreement by electronic signature and electronic transmission Gointly, an "Electronic Signature"), including via Docusign or other similar method, shall constitute the execution and delivery of a counterpart of this Agreement by or on behalf of such person and shall bind such person to the terms of this Agreement. Any person executing and delivering this Agreement by Electronic Signature further agrees to take any and all reasonable additional actions, if any, evidencing its intent to be bound by the terms of this Agreement, as may be reasonably requested by either party hereto. 20. Contract Supersedes Duties Prescribed at Law or In Equity, etc. None of the General Partner, any of its members, partners, managers, officers, employees, agents or representatives or any officer of the Partnership shall be liable to the Partnership or to any partner of the Partnership for a breach of any duty (including fiduciary duties) if such person or entity relied in good faith on the provisions of this Agreement. Whenever in this Agreement the General Partner or an officer of the Partnership is permitted or required to make a decision in its discretion or under a grant of similar authority or latitude, the General Partner, any of its members, partners, managers, officers, employees, agents or representatives and any officer of the Partnership may do so in its and their sole discretion and shall be entitled to consider only such interests and factors as they desire, including their own interests, and shall, to the maximum extent permitted by applicable law, have no duty (including fiduciary duties) or obligation to give any consideration to any interest of or factors affecting any partner of the Partnership, the Partnership or any other person or entity. In accordance with Section 17-1 lOl(d) of the Partnership Act, the partners of the Partnership hereby acknowledge and agree that the provisions of this Agreement, including the provisions of this Section 20, to the extent they restrict or eliminate the duties (including fiduciary duties) and liabilities relating thereto 4 DocuSign Envelope ID: DA0FB22C-9O10-43C4-AE6F-56673BFB04AD otherwise existing at law or in equity, replace completely and absolutely such other duties (including fiduciary duties) and liabilities relating thereto and further acknowledge and agree that the provisions of this Section 20 are fundamental elements to the agreement of the partners of the Partnership to enter into this Agreement and without such provisions the parties hereto would not have entered into this Agreement. {Re111ai11der of Page I11te11tio11ally Left Bla11k; Sig11atures Follow] 5 DocuSign Envelope ID: DA0FB22C-9D10-43C4-AE6F-56673BFB04AD IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, have duly executed this Agreement effective as of the date first above written. GENERAL PARTNER: IMP A VIARA GP LLC, a Delaware limited liability company DocuSlgned by: By: • ~ ~IM&, SF. 6 6D4244 .. Name: ar~'eonop1<.'a Title: Vice President INSTITUTIONAL MULTIFAMILY PARTNERS LLC, a California limited liability company By: Windsor Advisers ill LLC, a Delaware limited liability company, its manager r-:-DocuSlgned by: By: L~F7f!~r~ Name: Mark Conopka Title: Vice President Sig11at11re Page to Agree111e11t of Limited Part11ers!,ip of IMP A VIARA LP DocuSign Envelope ID: DA0FB22C-9D10-43C4-AE6F-56673BFB04AD Name and Address General Partner: IMP AVIARA GP LLC 125 High Street, High Street Tower, 27th Floor Boston, MA 02110 Limited Partner: Institutional Multifamily Partners LLC 125 High Street, High Street Tower, 27th Floor Boston, MA 02110 EXHIBIT A Percentage Interest - - 7 DocuSign Envelope ID: DA0FB22C-9D10-43C4-AE6F-56673BFB04AD Schedule 1 Single Purpose Entity Provisions The Partnership: ( 1) has not acquired, held, owned, leased, developed, or improved, and does not own or lease any real property, personal property, or assets other than the applicable Mortgaged Property; (2) has not acquired or owned and does not own, operate, or participate in any business other than the leasing, ownership, management, operation, and maintenance of the applicable Mortgaged Property; (3) has no material financial obligation under or secured by any indenture, mortgage, deed of trust, deed to secure debt, loan agreement, or other agreement or instrument to which Borrower is a party, or by which Borrower is otherwise bound, or to which the Mortgaged Property is subject or by which it is otherwise encumbered, other than: (A) unsecured trade payables incurred in the ordinary course of the operation of the Mortgaged Property ( exclusive of amounts for rehabilitation, restoration, repairs, or replacements of the Mortgaged Property) that (i)are not evidenced by a promissory note, (ii) are payable within sixty (60) days of the date incurred, and (iii)as of the Effective Date such Mortgaged Property is added to a Collateral Pool, do not exceed, the lesser of (x) four percent (4%) of the Allocable Facility Amount for such Mortgaged Property and (y) in the aggregate, when added to unsecured trade payables for all other Mortgaged Properties in a Collateral Pool, four percent (4%) of the principal balance of the Advances Outstanding for such Collateral Pool; (B) if the Security Instrument grants a lien on a leasehold estate, Borrower's obligations as lessee under the ground lease creating such leasehold estate; and (C) obligations under the Loan Documents and obligations secured by the Mortgaged Property to the extent permitted by the Loan Documents; (4) has maintained its financial statements, accounting records, and other partnership, real estate investment trust, limited liability company, or corporate documents, as the case may be, separate from those of any other Person and has not listed its assets on the financial statement of any other Person (unless Borrower's assets have been included in a consolidated financial statement prepared in accordance with generally accepted accounting principles); (5) has not commingled its assets or funds with those of any other Person, and has held all its assets or funds under its own name, unless such assets or funds can easily be segregated and identified in the ordinary course of business and in such a manner that it will not be costly or difficult to segregate, ascertain, or identify its individual assets from those of any other Person; (6) has been adequately capitalized in light of its contemplated business operations; (7) has not assumed, guaranteed, or become obligated for the liabilities or obligations of any other Person or pledged its assets for the benefit of any other Person ( except in connection with this Master Agreement or other mortgage loans that have been paid in full or collaterally assigned to Lender, including in connection with any Consolidation, Extension and Modification Agreement (for Mortgaged Properties 8 DocuSign Envelope ID: DA0F822C-9D10-43C4-AE6F-56673BF804AD in New York) or similar instrument), or held out its credit as being available to satisfy the obligations of any other Person; (8) has not made loans or advances to any other Person; (9) has not entered into and is not a party to any transaction with any Borrower Affiliate, except in the ordinary course of business and on terms which are no more favorable to such Borrower Affiliate than would be obtained in a comparable arm's-length transaction with an unrelated third party; ( 10) has not acquired obligations or securities of any other Person; (11) has paid its own liabilities, including the salaries of its own employees, if any, from its own funds and maintained a sufficient number of employees in light of its contemplated business operations; ( 12) has not failed to hold itself out to the public as a legal entity separate and distinct from any other Person or to conduct its business solely in its own name or failed to correct any known misunderstanding regarding its separate identity; (13) has allocated fairly and reasonably any overhead for shared expenses; (14) has maintained its existence as an entity duly organized, validly existing, and in good standing (if applicable) under the laws of the jurisdiction of its formation or organization and has done all things necessary to observe organizational formalities; (15) has not owned any subsidiary or made any investment in, any Person without the prior written consent of Lender; (16) without the prior written consent of Lender or unless otherwise required or permitted by a Cap Security Agreement, has not entered into or guaranteed, provided security for, or otherwise undertaken any form of contingent obligation with respect to any Hedging Arrangement; and ( 17) shall have no right, power or authority, express or implied, to divide into multiple entities pursuant to any applicable law allowing an entity to divide or conduct a divisive merger, and any attempt to divide or to amend this absolute prohibition of division shall, to the fullest extent permitted by law, be void ab initio and of no force or effect whatsoever; notwithstanding any tenn in this Agreement to the contrary, this provision shall not be amended, modified or otherwise changed to grant such right, power or authority. Capitalized terms which are used but not defined in this Schedule 1 shall have the meanings ascribed to them in that certain Master Credit Facility Agreement ('"MCF A") by and between the Partnership and others, (collectively as "Borrower"), and Berkeley Point Capital LLC d/b/a Newmark, a Delaware limited liability company ("Lender"). 9 JUN Z 4 2024 PU\\\lN\\\lG 01\Jl3\0l'I Delaware The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF CONVERSION OF A DELAWARE Page 1 LIMITED LIABILITY COMPANY UNDER THE NAME OF "IMP AVIARA LLC" TO A DELAWARE LIMITED PARTNERSHIP, CHANGING ITS NAME FROM "IMP AVIARA LLC" TO "IMP AVIARA LP", FILED IN THIS OFFICE ON THE TWENTY-EIGHTH DAY OF DECEMBER, A.D. 2022, AT 6:42 O'CLOCK P.M. 7164175 8100V SR# 20224395085 You may verify this certificate online at corp.delaware.gov/authver.shtml Authentication: 205205904 Date: 12-28-22 , Delaware Page 1 The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF 'THE STATE OF DELAWARE DO HEREBY CERTIFY 'THAT 'THE ATTACHED IS A 'TRUE AND CORRECT COPY OF 'THE CERTIFICATE OF LIMITED PARTNERSHIP OF "IMP AVIARA LP" FILED IN 'THIS OFFICE ON 'THE TWENTY-EIGHTH DAY OF DECEMBER, A.D. 2022, AT 6:42 O'CLOCK P.M. 7164175 8100V SR# 20224395085 You may verify this certificate online at corp.delaware.gov/authver.shtml Authentication: 205205904 Date: 12-28-22 State of Delaware Secretary of State Division of Corporations Dellnred 06:42 PM 12/28/2022 FILED 06:42 Pl\I 12128/2022 SR 20224395085 -File Number 7164175 STATE OF DELAWARE CERTIFICATE OF CONVERSION FROM A LIMITED LIABILITY COMP ANY TO A LIMITED PARTNERSHIP PURSUANT TO SECTION 17-217 OF THE LIMITED PARTNERSHIP ACT 1. The jurisdiction where the Limited Liability Company first formed is Delaware. 2. The jurisdiction immediately prior to filing this Certificate is Delaware. 3. The date the Limited Liability Company first formed is November 26, 2018. 4. The name of the Limited Liability Company immediately prior to filing this Certificate is IMP A viara LLC. 5. The name of the Limited Partnership as set forth in the Certificate of Limited Partnership IMP Aviara LP. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Conversion as of the 28th day of December, 2022. DEi 11 • 08/27/2fl07 CT System Online IMP A VIARA GP LLC, a Delaware limited liability company, its General Partner By: ls/Mark Conopka Mark Conopka, Vice President State of Delaware Secretary of State Division of Corporations Dell,·ered 06:42 PM 12128/2022 FILED 06:42 PM 12/2812022 SR 20224395085 -File Number 7164175 CERTIFICATE OF LIMITED PARTNERSHIP OF IMP A VIARA LP The undersigned, desiring to form a limited partnership pursuant to and in accordance with the Delaware Revised Limited Partnership Act ( 6 Del. C. §§ 17-101, et. seq.), as amended from time to time, does hereby certify as follows: FIRST The name of the limited partnership is IMP Aviara LP. SECOND The address of the limited partnership's registered office in the State of Delaware is Corporation Trust Center, 1209 Orange Street in the City of Wilmington, County of New Castle, 1980 I . The name and address of the registered agent for service of process of the limited partnership in the State of Delaware is The Corporation Trust Company. THIRD The name and mailing address of the general partner is as follows: IMP Aviara GP LLC 125 High Street High Street Tower, 27'h Floor Boston, MA 02110 In Witness Whereof, the undersigned has executed this Certificate of Limited Partnership as of the 28th day of December, 2022. By: IMP A VIARA GP LLC, a Delaware limited liability company, its General Partner By: ls/Mark Conopka Name: Mark Conopka Title: Vice President May 16, 2024 City of Carlsbad IMPAVIARALP 125 High Street, 27th Floor, High Street Tower Boston, MA 02110 Development Services -Planning Division 1635 Faraday Ave. Carlsbad, CA 92011 RE: Windsor at Aviara-APN 2158-400-300 -Letter of Authorization P-l(A) Property Address -6610 Ambrosia Ln, Carlsbad, CA 92011 To Whom it May Concern, PLANNll~G DIVl:310i'! I, Chance Taylor, certify that I am the duly elected, qualified and acting Vice President of IMP A viara GP LLC, which is the general partner of IMP A viara LP, a Delaware limited partnership (the "Owner"). This letter is to confirm that Champion Permits and Abramson Architects are authorized by the Owner of the Property, to act on its behalf with reference to the Property, Windsor at Aviara, for purposes of facilitating conversations with the City of Carlsbad regarding the permit process, and for renovations of the leasing office and accessory dwelling units. Enclosures IMP A VIARA LP, a Delaware limited partnership By: IMP Aviara GP LLC, a Delaware limited liability company, general partner By: ~¥~ Name: Chance Taylo Title: Vice President •) 61'-stevvart Order No. Title Unit No. Your File No. Buyer/Borrower Name Seller Name PRELIMINARY REPORT 24000150138 IMP Aviara LP, a Delaware limited partnership Property Address: 6610 Ambrosia Lane, Carlsbad, CA 92011 -: Phone CITY OF C/\nLC.UAD JUN 2 4 2024 PLANNING DIVISION In response to the above referenced application for a policy of title insurance, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Stewart Title Guaranty Company Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of a defect, lien or encumbrance not shown or referred to as an exception below or not excluded from coverage pursuant to the printed Schedules, Exclusions from Coverage, and Conditions of said policy forms. With respect to any contemplated owner's policy, the printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A, attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA/AL TA Homeowner's Policy of Title Insurance, which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages, are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and excfusions set forth in Exhibit A 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. 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. Dated as of June 07, 2024 at 7:30 a.m. , Title Officer When replying, please contact: , Title Officer File No.: 24000150138 Prelim Report COM r 2-3-23 Page 1 of 12 IF ANY DECLARATION, GOVERNING DOCUMENT (FOR EXAMPLE, COVENANT, CONDITION OR RESTRICTION) OR DEED IDENTIFIED AND/OR LINKED IN THIS TITLE PRODUCT CONTAINS ANY RESTRICTION BASED ON AGE, RACE COLOR, RELIGION, SEX, GENDER, GENDER IDENTITY, GENDER EXPRESSION, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, VETERAN OR MILITARY STATUS, GENETIC INFORMATION, NATIONAL ORIGIN, SOURCE OF INCOME AS DEFINED IN SUBDIVISION (p) OF SECTION 12955, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.2 OF THE GOVERNMENT CODE BY SUBMITTING A "RESTRICTIVE COVENANT MODIFICATION" FORM, TOGETHER WITH A COPY OF THE ATTACHED DOCUMENT WITH THE UNLAWFUL PROVISION REDACTED TO THE COUNTY RECORDER'S OFFICE. THE "RESTRICTIVE COVENANT MODIFICATION" FORM CAN BE OBTAINED . . . FROM THE COUNTY RECORDER'S OFFICE AND MAY BE AVAILABLE ON ITS WEBSITE. THE FORM MAY ALSO BE AVAILABLE FROM THE PARTY THAT PROVIDED YOU WITH THIS DOCUMENT. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. File No.: 24000150138 Prelim Report COM r 2-3-23 I Page 2 of 12 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: □ CLTAOwner's Policy 2022 □ ALTA Owner's Policy 2021 □ Extended □ Standard □ CLTA/ALTA Homeowner's Policy 2021 □ CL TA Loan Policy 2022 ~ ALTA Loan Policy 2021 □ Extended ~ Standard □ ALTA Short Form Residential Loan Policy 2021 □ Extended □ Standard □ Other: SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: Fee, as to Parcel A Easement, as to Parcel B, C, D and E Title to said estate or interest at the date hereof is vested in: IMP Aviara LP, a Delaware limited partnership File No.: 24000150138 Prelim Report COM r 2-3-23 Page 3 of 12 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of Carlsbad and described as follows: Parcel A: Being a consolidation of Lots 1 and 2 of Aviara Phase Ill Unit No. 1, according to Map 13434 in the City of Carlsbad, State of California, filed in the Office of the County Recorder of San Diego County on June 2, 1997 as disclosed by Certificate of Compliance recorded December 11, 1998 as Instrument No. 1998-0806519 of Official Records, more particularly described as follows: Beginning at the Northeasterly corner of said Lot 2, said portion being on the Southerly line of Poinsettia Lane, said Southerly line being a portion of a 1,699.00 foot radius curve concave Southwesterly, a radial of which bears South 44 °38'31" West to the center of said curve; thence proceeding Northwesterly along said curve through a central angle of 25°52'45" an arc distance of 767.40 feet to the beginning of a tangent 25.00 foot radius curve concave Southeasterly, a radial of which bears South 18°45'46" West; thence proceeding ~outhwesterly along saicj curve through a central. angle of 93°21 '40" an arc distance of 40.74 feet to a point on the Easterly line of Ambrosia Lane; the.nee tangent to said curve South 15°24'06" West along said Easterly line a distance of 64.60 feet to the beginning of a tangent 1,170.00 foot radius curve concave Easterly, a radial of which bears South 74°35'54" East; thence proceeding Southerly along said curve through a central angle 58°04'26" an arc distance of 1185.89 feet; thence tangent to said curve South 42°40'20" East a distance of 364.13 feet to the beginning of a tangent 430.00 radius curve concave Southwesterly, a radial of which bears South 4 7° 19'40" West; thence proceeding Southerly along said curve though a central angle of 36°32'11" an arc distance of 274.20 feet; thence tangent to said curve South 06°08"09" East a distance of 141.51 feet to the beginning of a tangent 270.00 foot radius curve concave Westerly, a radial of which bears North 83°51'51" East; thence proceeding Southerly along said curve through a central angle of 10°39'51" an arc distance of 50.25 feet; thence tangent to said curve South 16°48'00" East a distance of 117.48 feet to the beginning of a tangent 330.00 radius curve concave Westerly, a radial of which bears South 73°12'00" West; thence proceeding southerly along said curve through a central angle of 16°05'38" an arc distance of 92.69 feet to a point of intersection with the Easterly line of Aviara Phase Ill Unit No. 1, said point also being the Southerly corner of Lot 1; thence leaving the Easterly line of Ambrosia lane and proceeding Northerly along the Easterly of said Lot 1 North 00°42'22" West a distance of 852.40 feet; thence North 00°33' 17" East a distance of 837.81 feet to the point of beginning. Excepting therefrom, all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the foregoing, that may be within or under the property, together with the perpetual right of drilling, mining exploring and operating therefor, and storing in and removing the same from the property or any other land, including the right to whipstock or directionally drill and mine from lands other than the property oil and gas wells, tunnels and shafts into, through or across the subsurface of the property and the bottom such whipstocked or directionally drilled wells, tunnels, and shafts under the beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines without,' however, the right to enter upon, remove, whipstock, directionally drill, drill, mine, store, explore or operate through the surface or the upper five hundred (500) feet of the subsurface of the property. As excepted in Amendment to Grant Deed by and between Aviara Land Associates, limited partnership, a Delaware limited partnership, and the Brehm Companies, LLC, a California limited liability company, dated and recorded March 23, 1999 as Instrument No. 1999-0185929 of Official Records. Parcel B: An easement and right of way for purposes of grading and installing and maintaining landscaping and irrigation facilities and incidental purposes over, under, along and across a portion of the South Half of the File No.: 24000150138 Prelim Report COM r 2-3-23 Page 4 of 12 ' Southwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey, approved October 25, 1875 and April 21, 1890 as granted in that certain Easement Grant Deed and Agreement recorded March 15, 1994 as Instrument No. 1994-0168804 of Official Records being more particularly described as follows: Beginning at the Southwest corner of the South Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter of said Section 26; thence along the West line of said Section 26 North 00°42'22" West, 327 .82 feet to the Northwest corner of the South Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter of said Section 26; thence along the North line of said South Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter South 89°28'53" East 65.89 feet; thence leaving said North line South 00°58'17" East, 85.68 feet; thence South 06°32'38" East, 150.84 feet; thence South 10°35'38" West 41.90 feet; thence South 01 °04'25" West, 51.04 feet to a point on the South line of the Northwest Quarter of the Northwest Quarter of said Section 26; thence along said Southerly line North 89°26'16" West 70.53 feet to the point of beginning. Parcel C: An easement and right of way for purposes of grading and installing and maintaining landscaping and irrigation facilities and incidental purposes over, under, along and across a portion of the North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey, approved October 25, 1875 and April 21, 1890, as granted in that certain Easement Grant Deed and Agreement recorded March 15, 1994 as Instrument No. 1994-0168804 of Official Records being more particularly described as follows: Beginning at the Southwest corner of the North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter of said Section 26; thence along the West line of said Section 26 North 00°42'22" West 327 .82 feet to the Northwest corner of the North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter of said Section 26; thence along the North line of said North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter South 89°31 '30" East 63.16 feet; thence leaving said North line South 05°30'07" West 50.97 feet; thence South 06°29'08" East 88.29 feet; thence South 03°12'06" East, 115.24 feet; thence South 03°39'26" West 74.50 feet to a point on the South line of the North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter of said Section 26; thence along said South line North 89°28'53" West 65.89 feet to the point of beginning. Parcel D: Easements for non-exclusive access, temporary construction, slope and maintenance, and grading as disclosed and described in the Reimbursement and Reciprocal Easement Agreement (Cassia Road), recorded August 1, 1997 as Instrument No. 1997-0370228 of Official Records, San Diego County, California. Subject to the terms, covenants, conditions and restrictions contained therein. Parcel E: Easements for non-exclusive access, secondary access, temporary construction, drainage, inundation, slope and maintenance, grading as disclosed and described in the Sewer, Storm Drain, Grading and Access Agreement, recorded August 1, 1997 as Instrument No. 1997-0370229 of Official Records, San Diego County, California, subject to the terms, covenants, conditions and restrictions contained therein. Said land being the same real estate conveyed to SSR Western Multifamily LLC by Deed from Jefferson at Aviara, L.P. a Delaware limited partnership, dated November 28, 2000 and recorded in the Land Records of San Diego County, California, November 28, 2000 as Instrument No. 2000-0644998 of Official Records. Being the same real estate conveyed to IMP Aviara LLC, a Delaware limited liability company, by that certain deed from Institutional Multifamily Partners LLC, a California limited liability company, dated December 19, 2018 and recorded December 24, 2018 in the Official Records of San Diego County, California, as Instrument No. 2018-0525912. File No.: 24000150138 Prelim Report COM r 2-3-23 Page 5 of 12 APN: 215-840-03 (End of Legal Description) THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY AND FOR INFORMATION PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY OF THE MAP. File No.: 24000150138 Prelim Report COM r 2-3-23 Page 6 of 12 SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: Taxes: 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 2024 -2025. B. Prior to recording, the final amount due for taxes must be confirmed with tax collector. C. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California. D. Taxes and/or assessments affecting the land, if any, for Community Facility Districts including Mello Roos Districts which may exist by virtue of assessment maps or notices filed by said districts. Said taxes and/or assessments are typically collected with the County taxes; however, some districts may remove these taxes and/or assessment from the County taxes and assess and collect them separately. Exceptions: 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 at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy. 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, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. 8. Easement and rights incidental thereto for public utilities, ingress and egress and rights incidental thereto in favor of San Diego Gas and Electric Company, as set forth in a document recorded March 15, 1954 recorded April 16, 1954 in Book 5207, Page 161 of Official Records 9. The terms, provisions and conditions contained in that certain document, entitled "Agreement", File No.: 24000150138 Prelim Report COM r 2-3-23 Page 7 of 12 Recorded: June 10, 1988, lnstrumenUFile No. 88-0278452, of Official Records. 10. Matters contained in document entitled Deed Restrictions (Trail) by and between Aviara Land Associates Limited Partnership, a Delaware corporation and the California Coastal Commission recorded April 14, 1989 as Instrument No. 89-196178 of Official Records. 11. Matters contained in document entitled Unity of Control Assumption Agreement by and between Aviara Land Associates Limited Partnership, a Delaware limited partnership; Davidson Coscan Partners, a California general partnership; Lyon Communities, Inc., a California corporation; RDC Devco II Limited Partnership, a Delaware limited partnership; A-M Homes, a California limited partnership and Bramalea California, Inc., a California corporation recorded April 16, 1990 as Instrument No. 1990-204 778 of Official Records. An Assumption Agreement upon the terms, covenants and conditions contained therein. Dated: July 29, 1998 By and between: Aviara Land Associates Limited Partnership, a Delaware limited partnership and Jefferson at Aviara, L.P. a Delaware limited partnership Recorded: July 31, 1998 as Instrument No. 1998-0481978 of Official Records, San Diego County, California. _12. An "Easement and Covenant Regarding CATV Service", dated April 1_7, 1990 upon the terms, covenants and conditions contained therein, executed by and between Aviara Land Associates Limited Partnership, a Delaware limited partnership, and Daniels Cablevision, Inc., a Delaware corporation, recorded June 1, 1990 as Instrument No. 90-298175 of Official Records of San Diego County, California. First Amendment to Easement and Covenants Regarding CATV Service, recorded April 15, 1991 as Instrument No. 1991-0168678 of Official Records, San Diego County, California. Assumption and Easement Agreement dated July 29, 1998 upon the terms, covenants, and conditions contained therein. By and between: Daniels Cablevision, Inc., a Delaware corporation and Jefferson at Aviara L.P., a Delaware limited partnership Recorded: July 31, 1998 as Instrument No. 1998-0481977 of Official Records, San Diego County, California. 13. An Agreement for the granting of easements for access to adjacent parcels, and the terms and conditions as contained therein dated September 9, 1993 by and between Robert T. Kevane, Cheryl L. Kevane, Dianne R. Krasnow, Robert S. Krasnow, Gerald P. Krasnow, Edward S. Krasnow, Michael I. Krasnow and Aviara land Associates Limited Partnership, a Delaware limited partnership recorded March 15, 1994 as Instrument No. 1994-0168804 of Official Records, San Diego County, California. Matters contained therein affect: Easement Parcel C. 14. Matters contained in document entitled Deed Restriction by and between Aviara Land Associates Limited Partnership, a Delaware limited partnership and the California Coastal Commission recorded August 22, 1995 as Instrument No. 1995-0368883 of Official Records. 15. Rights of access to or from the public road or street, highway or freeway adjacent to the Land were relinquished or severed as disclosed on Map No. 13434 of Official Records. Said Land, however, abuts another public thoroughfare over which rights of vehicular ingress and egress have not been relinquished. By document recorded November 28, 2000 as File No. 2000-0644996 of Official Records easement relinquishment of abutter's rights of access in and to the 120 foot access opening for ingress and egress on Lot 2 as designated per Map No. 13434. By document recorded November 28, 2000 as File No. 2000-0644997 of Official Records, a File No.: 24000150138 Prelim Report COM r 2-3-23 Page 8 of 12 portion of the relinquishment of abutter's rights of access on Lot 1 as designated per map No. 13434 were quitclaimed back by Jefferson at Aviara L.P. a Delaware limited partnership. 16. Matters as shown on the Map No. 13434 of Maps, together with any provisions and recitals contained therein. 17. Matters contained in document entitled Reciprocal Easement Agreement recorded August 1, 1997 as Instrument No. 1997-0370228 of Official Records. Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. 18. Matters contained in document entitled Sewer, Storm Drain, Grading and Access Agreement recorded August 1, 1997 as Instrument No. 1997-0370229 of Official Records. Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. 19. Covenants, conditions, restrictions, easements, matters, charges and assessments as set forth in a document recorded May 14, 1999 as Instrument No. 1999-0330774 of Official Records. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. An Assignment of the Declarant's rights recorded September 8, 2000 as Instrument No. 2000-0484740 of Official Records, San Diego County, California Said covenants, conditions and restrictions have been modified by a document recorded April 14, 2004 as Instrument No. 2004-0322600 of Official Records. 20. Easement and rights incidental thereto for public utilities, ingress and egress and rights incidental to San Diego Gas and Electric Company, a corporation, as set forth in a document recorded June 4, 1999 as Instrument No. 1999-0389842 of Official Records. 21. Easement and rights incidental thereto for public utilities, ingress and egress and rights incidental to San Diego Gas and Electric Company, as set forth in a document recorded March 13, 2000 as Instrument No. 2000-0125360 of Official Records. 22. Covenants, conditions, restrictions, easements, matters, charges and assessments as set forth in a document recorded November 28, 2000; Instrument No. 2000-644998 of Official Records. 23. Matters contained in document entitled Memorandum of Agreement by and between Time Warner • NY Cable, LLC a Delaware limited liability company d/b/a Time Warner Cable, through its San Diego Division and Western Multifamily LLC, a California limited liability company recorded November 28, 2007 as Instrument No. 2007-0742804 of Official Records. 24. Matters contained in document entitled Drainage Easement Agreement by and between Institutional Multifamily Partners LLC, a California limited liability company and Lennar Homes of California, Inc., A California Corporation recorded August 27, 2018 as Instrument No. 2018-0350708 of Official Records. 25. Easement and rights incidental thereto for installing, operating, maintaining, repairing and replacing a municipal sewer line and attendant equipment and rights incidental to City of Carlsbad, a municipal corporation, as set forth in a document recorded September 27, 2018 as Instrument No. 2018-0402583 of Official Records. 26. Multifamily Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount $(as provided therein) Trustor IMP Aviara LLC, a limited liability company Trustee : Stewart Title of California, Inc., a California corporation ·File No.: 24000150138 Prelim Report COM r 2-3-23 Page 9 of 12 Beneficiary company Recorded Berkeley Point Capital LLC, d/b/a Newmark Knight Frank, a limited liability December 24, 2018, as Instrument No. 2018-0525913, of Official Records The beneficial interest of Berkeley Point Capital LLC, d/b/a Newmark Knight Frank, a Delaware limited liability company having been assigned of record to Fannie Mae by assignment recorded on December 24, 2018, as Instrument No. 2018-0525914, of Official Records. An agreement to modify the above Deed of Trust was recorded on January 9, 2023, as Instrument No. 2023-0004929, of Official Records. An agreement to modify the above Deed of Trust was recorded on March 5, 2024, as Instrument No. 2024-0054858, of Official Records. 27. Rights or claims of parties in possession whether or not shown by the Public Records. 28. Ariy facts, rights, interests or claims which would be disclosed by an inspection of the land. (End of Exceptions) File No.: 24000150138 Prelim Report COM r 2-3-23 Page 10 of 12 NOTES AND REQUIREMENTS A. Property taxes for the fiscal year 2023 -2024 shown below are paid. amounts are: 1st Installment 2nd Installment Parcel No. Code Area I Tracer No. $368,826.92 $368,826.92 215-840-03-00 09027 For proration purposes the B. In order to insure, you must provide full copies of any unrecorded leases, together with all supplements, assignments and amendments. Additional requirements or items may be requested upon review of the required documents. C. In order to insure a conveyance, acquisition or encumbrance by the limited partnership names below, you must provide evidence that you have filed in the office of the Secretary of State, a certificate of limited partnership in compliance with provisions of The California Revised Limited Partnership Act, Section 15611 et. seq., Corporation Code and that a Certified Copy thereof be recorded: Name of Limited Partners~ip: IMP Aviara LP, a Delaware limited partnership Additional requirements or items may be requested upon review of the required document set forth above. D. There are no items in this preliminary report that will cause Stewart Title Guaranty Company to decline to attach the CLTA Endorsement Form 116.01-06 (or similar ALTA 22-06 equivalent), indicating that there is located a Multiple Family Residence known as 6610 Ambrosia Lane, Carlsbad, California. E. If you have knowledge of any other transfers or conveyances, please contact your title officer immediately for further research and review. The only transfers or conveyances shown in the Public Records within 24 months of the date of this report are: IMP Aviara LP, a Delaware limited partnership, as successor by conversion to IMP Aviara LLC, a Delaware limited liability company, as Grantor and IMP Aviara LP, a Delaware limited partnership, as Grantee, recorded: December 30, 2022, as Instrument No. 2022-0482878, of Official Records. F. If an Owner's Policy of title insurance is requested, a CLTA Standard Coverage Owner's Policy will be issued unless instructed otherwise. If a different form of policy is desired, please contact your Title Officer. G. All Transactions -Seller(s) and Buyer(s) or Borrowers are provided, as attachments, the document entitled "Acknowledgement of Receipt, Understanding and Approval of STG Privacy Notice for Stewart Title Companies and Stewart's Affiliated Business Arrangement Disclosure Statement" and the individually or similarly named documents, for review and acknowledgment prior to closing. H. All Transactions -Buyer(s)/Seller(s)/Borrower(s) are provided the Preliminary Report for review and acknowledgm·ent prior to closing. Buyer(s) approval shall include the Preliminary Report items that are to remain as exceptions to the title policy. I. All Transactions -Seller(s)/Owner(s) shall submit for review, prior to closing, a completed Stewart Title Guaranty Company's Owner's Affidavit and Indemnity. File No.: 24000150138 Prelim Report COM r 2-3-23 Page 11 of 12 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be· deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non- interest bearing escrow accounts in a financial institution selected by . may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by . Such benefits shall be deemed additional compensation to for its services in connection with the escrow or sub-escrow. If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. File No.: 24000150138 Prelim Report COM r 2-3-23 Page 12 of 12 OWNER'S AFFIDAVIT AND INDEMNITY Order Number: 24000150138 Address/Location: 6610 Ambrosia Lane, Carlsbad, CA 92011 APN: In connection with the request of the Undersigned ("Affiant"} for the preparation and issuance of insurance, Affiant makes the following statements and representations for the benefit of, and reliance by, title insurer STEWART TITLE GUARANTY COMPANY (hereafter referred to as "TITLE"}: 1. Affiant owns and holds title to the land described in Schedule A of the Preliminary Report or Commitment issued in connection with the above referenced Order Number (the "Land"}. 2. The Affiant's ownership and/or possession of the Land has been peaceful and undisturbed, and title thereto has never been disputed, questioned or rejected, nor has the issuance of title insurance ever been refused, except as follows: (If none, please state "none") 3. Other than the Affiant, there are no parties entitled to possession of the Land other than the following: (If none, ple~se state "none") 4. There are no leases, licenses, options, rights of first refusal, or contracts to sell, affecting the Land, or any parties currently in possession, of the Land, except the following: (If none, please state "none") 5. All assessments by a management company or owners' association, or for common area or building maintenance, if any, are paid current or are not yet due and payable except for the following (If none, please state "none) 6. There are no pending contemplated repairs/improvements to the Land, except the following: (If none, please state "none) 7. There has been no construction, building materials, repairs, improvements or remodeling performed, provided, furnished or delivered within the last 12 months, except as follows: (If none, please state "none") This work performed, as detailed above, was completed on _________ (date of completion}. 8. Affiant is not aware of the existence of any of the following:: a. Improvements, including fences, encroaching into any easements on the Land, or over any boundary lines of the Land. b. Adjoining property improvements encroaching onto the Land. c. Liens against the Land and/or judgments or tax liens against Affiant or any other property owner currently in title, except those described in the Prelimiriary Report or Commitment issued in connection with the above referenced Order Number. d. Outstanding claims or persons entitled to claims for mechanics' or materialman liens against the Land. e. Pending repairs/improvements to any adjacent street(s} or any assessments related to road maintenance. f. Any pending litigation involving the Land, the Affiant or any other property owner currently in title. g. Recent improvements completed or being made to any common area(s} located within the subdivision in which the Land is located. h. Violations of building permits, zoning laws or recorded covenants, conditions and/or restrictions imposed on the Land. i. Any pending assessments for Community Facility Districts. j. Any new, pending or existing obligation or loan including any home improvements on the Land pursuant to the PACE or HERO program, or any other similar type program. File No.: 24000150138 Page 1 of3 Owners Affidavit and Indemnity CA COM Rev. 9/2021 k. Any unrecorded or recorded easements, covenants, conditions, or restrictions affecting the Land, other than those listed in the Preliminary Report or Title Commitment. I. Any use of the property for the production, sale, warehousing or transporting of fresh fruits, vegetables, livestock or poultry (e.g., supermarkets, restaurants, wineries, breweries and meat packing plants). With regard to Sa.-81, except as follows: (If none, please state "none") 9. No proceedings in bankruptcy or receivership have been instituted or filed by, or against, the Affiant or any other property owner currently in title. 10. There are no unpaid taxes, assessments or utility type bills including but not limited to bills for water, sewer, hazardous waste, recycling, storm drain and/or rubbish and there are no liens related to such utilities from or on the Land, with the exception of the following: (If none, please state "none") 11. There are no financial obligations secured by trust deeds, mortgages, financing statements, vendor's liens, security agreements or otherwise, against the Land, except as set forth in the Preliminary Report, proforma and/or Commitment, and as set forth below: (If none, please state "none") Creditor Approximate Balance 12. There has been no harvesting or production of any oil, gas, geothermal materials or other minerals from or on the Land and there are no oil, gas, geothermal and/or mineral leases, licenses, options, rights of first refusal, and/or contracts to sell, affecting the mineral rights associated with the Land, or other parties currently in possession, of the mineral rights on the Land, except the following: (If none, please state "none") 13. Other than the Affiant, there are no other parties currently in possession of the Land, including but not limited to, any possessory interest associated with the harvesting of any oil, gas, geothermal materials or other minerals, except the following: (If none, please state "none") 14. Affiant has not executed and will not execute any documents or instruments related to the title to, or interest in, the Land prior to the recordation of the documents in this transaction. 15. By signing below, Affiant agrees to cooperate with TITLE and, upon request from TITLE, to promptly provide and/or execute, any corrective or curative information or documentation requested. This is a sworn affidavit and is made for the purpose of inducing TITLE to provide certain insurance coverage to a purchaser and/or lender, and the representations contained herein are material to such insurance coverage. The undersigned hereby indemnifies and holds TITLE harmless from any loss or damage, liability, costs, expenses and attorneys' fees which it may sustain under its policies of title insurance or commitments to the extent any representation contained herein is incorrect. Th.e undersigned understands that TITLE may decide not to provide the requested title insurance despite the information and affirmations contained herein. PLEASE READ, COMPLETE AND RESPOND TO ALL STATEMENTS CONTAINED IN THIS OWNER'S AFFIDAVIT AND INDEMNITY BEFORE SIGNING IN THE PRESENCE OF A NOTARY PUBLIC. THE NOTARY PUBLIC WILL EXECUTE THE ACKNOWLEDGMENT ON THE FOLLOWING PAGE. HOWEVER, IF YOU DO NOT UNDERSTAND OR HAVE ANY QUESTIONS ABOUT THIS AFFIDAVIT, YOU SHOULD SEEK THE ASSISTANCE OF YOUR INDEPENDENT FINANCIAL AND/OR LEGAL ADVISOR BEFORE SIGNING. File No.: 24000150138 Page 2 of3 Owners Affidavit and Indemnity CA COM Rev. 9/2021 IMP Aviara LP, a Delaware limited partnership A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss. County of ______ _, Subscribed and sworn to (or affirmed) before me on this ___ day of ____________ , 20 __ , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Signature File No.: 24000150138 Page 3 of 3 Owners Affidavit and Indemnity CA COM Rev. 9/2021 l#stevvarf ---TITLE--- Date Escrow Officer Escrow No. Title Order No. Property Address June 14, 2024 Katie Chirico 24000150138 24000150138 6610 Ambrosia Lane, Carlsbad, CA 92011 ,Phone SELLER ACKNOWLEDGEMENT OF RECEIPT, UNDERSTANDING AND APPROVAL OF PRELIMINARY REPORT The undersigned Seller(s) hereby acknowledge receipt of a copy of the Preliminary Report issued by Stewart Title Guaranty Company -Commercial Services under Order No. 24000150138, dated June 07, 2024 and hereby approves the legal description of subject property shown on Schedule A of the report. Seller(s) Acknowledgement: Seller(s) herein warrant and confirm that, to Seller(s) knowledge, all Deeds of Trusts (e.g., mortgages, loans and lines of credit), liens, judgments and/or encumbrances affecting Seller(s) and subject property are reflected in the Preliminary Report. If not, Seller(s) will provide Escrow Holder with information to facilitate the pay-off and/or removal of any such items before or at the close of escrow. The undersigned have received a copy of this acknowledgement as evidenced by the signature below. Seller(s): Escrow No.: 24000150138 Prelim Approval BP SCE Page 1 of 2 UJ'-ste\Nart ---TITLE--- Date Escrow Officer Escrow No. Title Order No. Property Address June 14, 2024 Katie Chirico 24000150138 24000150138 6610 Ambrosia Lane, Carlsbad, CA 92011 ,Phone BUYER ACKNOWLEDGEMENT OF RECEIPT, UNDERSTANDING AND APPROVAL OF PRELIMINARY REPORT The undersigned Buyer(s) hereby acknowledge receipt of a copy of the Preliminary Report issued by Stewart Title Guaranty Company -Commercial Services under Order No. 24000150138, dated June 07, 2024 and hereby approves the legal description of subject property shown on Schedule A of the report. Buyer(s) Approval of Preliminary Report: Buyer(s) herein hereby approves Items * of Schedule 8 of the report to be included in the Policy of Title Insurance as exceptions when written. Furthe"r, Buyer(s) hereby acknowledge receipt and approval of the Covenants, Conditions and Restrictions, and any and all Schedule 8 exceptions detailed above, for example, easements, right-of-ways, and restrictions, if any. The undersigned have received a copy of this acknowledgement as evidenced by the signature below. Buyer{s): IMP Aviara LP, a Delaware limited partnership Escrow No.: 24000150138 Prelim Approval BP SCE Page 2 of2 Order No.: Escrow No.: 24000150138 24000150138 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of Carlsbad and described as follows: Parcel A: Being a consolidation of Lots 1 and 2 of Aviara Phase Ill Unit No. 1, according to Map 13434 in the City of Carlsbad, State of California, filed in the Office of the County Recorder of San Diego County on June 2, 1997 as disclosed by Certificate of Compliance recorded December 11, 1998 as Instrument No. ·1998-0806519 of Official Records, more particularly described as follows: Beginning at the Northeasterly corner of said Lot 2, said portion being on the Southerly line of Poinsettia Lane, said Southerly line being a portion of a 1,699.00 foot radius curve concave Southwesterly, a radial of which bears South 44 °38'31" West to the center of said curve; thence proceeding Northwesterly along said curve through a central angle of 25°52'45" an arc distance of 767.40 feet to the beginning of a tangent 25.00 foot radius curve concave Southeasterly, a radial of which bears South 18°45'46" West; thence proceeding Southwesterly along said curve through a central angle of 93°21'40" an arc distance of 40.74 feet to a point on the Easterly line of Ambrosia Lane; thence tangent to said curve South 15°24'06" West along said Easterly line a distance of 64.60 feet to the beginning of a tangent 1,170.00 foot radius curve concave Easterly, a radial of which bears South 74°35'54" East; thence proceeding Southerly along said curve through a central angle 58°04'26" an arc distance of 1185.89 feet; thence tangent to said curve South 42°40'20" East a distance of 364.13 feet to the beginning of a tangent 430.00 radius curve concave Southwesterly, a radial of which bears South 47°19'40" West; thence proceeding Southerly along said curve though a central angle of 36°32'11" an arc distance of 27 4.20 feet; thence tangent to said curve South 06°08"09" East a distance of 141.51 feet to the beginning of a tangent 270.00 foot radius curve concave Westerly, a radial of which bears North 83°51'51" East; thence proceeding Southerly along said curve through a central angle of 10°39'51" an arc distance of 50.25 feet; thence tangent to said curve South 16°48'00" East a distance of 117.48 feet to the beginning of a tangent 330.00 radius curve concave Westerly, a radial of which bears South 73°12'00" West; thence proceeding southerly along said curve through a central angle of 16°05'38" an arc distance of 92.69 feet to a point of intersection with the Easterly line of Aviara Phase III Unit No. 1, said point also being the Southerly corner of Lot 1; thence leaving the Easterly line of Ambrosia lane and proceeding Northerly along the Easterly of said Lot 1 North 00°42'22" West a distance of 852.40 feet; thence North 00°33' 17" East a distance of 837.81 feet to the point of beginning. Excepting therefrom, all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the foregoing, that may be within or under the property, together with the perpetual right of drilling, mining exploring and operating therefor, and storing in and removing the same from the property or any other land, including the right to whipstock or directionally drill and mine from lands other than the property oil and gas wells, tunnels and shafts into, through or across the subsurface of the property and the bottom such whipstocked or directionally drilled wells, tunnels, and shafts under the beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines without, however, the right to enter upon, remove, whipstock, directionally drill, drill, mine, store, explore or operate through the surface or the upper five hundred (500) feet of the subsurface of the property. As excepted in Amendment to Grant Deed by and between Aviara Land Associates, limited partnership, a Delaware limited partnership, and the Brehm Companies, LLC, a California limited liability company, dated and recorded March 23, 1999 as Instrument No. 1999-0185929 of Official Records. Parcel B: An easement and right of way for purposes of grading and installing and maintaining landscaping and irrigation facilities and incidental purposes over, under, along and across a portion of the South Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey, approved October 25, 1875 and April 21, 1890 as granted in that certain Easement Grant Deed and Agreement recorded March 15, 1994 as Instrument No. 1994-0168804 of Official Records being more particularly described as follows: Beginning at the Southwest corner of the South Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter of said Section 26; thence along the West line of said Section 26 North 00°42'22" West, 327 .82 feet to the Northwest corner of the South Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter of said Section 26; thence along the North line of said South Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter South 89°28'53" East 65.89 feet; thence leaving said North line South 00°58'17" East, 85.68 feet; thence South 06°32'38" East, 150.84 feet; thence South 10°35'38" West 41.90 feet; thence South 01 °04'25" West, 51.04 feet to a point on the South line of the Northwest Quarter of the Northwest Quarter of said Section 26; thence along said Southerly line North 89°26'16" West 70.53 feet to the point of beginning. Parcel C: An easement and right of way for purposes of grading and installing and maintaining landscaping and irrigation facilities and incidental purposes over, under, along and across a portion of the North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey, approved October 25, 1875 and April 21, 1890, as granted in that certain Easement Grant Deed and Agreement recorded March 15, 1994 as Instrument No. 1994-0168804 of Official Records being more particularly described as follows: Beginning at the Southwest corner of the North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter of said Section 26; thence along the West line of said Section 26 North 00°42'22" West 327 .82 feet to the Northwest corner of the North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter of said Section 26; thence along the North line of said North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter South 89°31 '30" East 63.16 feet; thence leaving said North line South 05°30'07" West 50.97 feet; thence South 06°29'08" East 88.29 feet; thence South 03°12'06" East, 115.24 feet; thence South 03°39'26" West 74.50 feet to a point on the South line of the North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter of said Section 26; thence along said South line North 89°28'53" West 65.89 feet to the point of beginning. Parcel D: Easements for non-exclusive access, temporary construction, slope and maintenance, and grading as disclosed and described in the Reimbursement and Reciprocal Easement Agreement (Cassia Road), recorded August 1, 1997 as Instrument No. 1997-0370228 of Official Records, San Diego County, California. Subject to the terms, covenants, conditions and restrictions contained therein. Parcel E: Easements for non-exclusive access, secondary access, temporary construction, drainage, inundation, slope and maintenance, grading as disclosed and described in the Sewer, Storm Drain, Grading and Access Agreement, recorded August 1, 1997 as Instrument No. 1997-0370229 of Official Records, San Diego County, California, subject to the terms, covenants, conditions and restrictions contained therein. Said land being the same real estate conveyed to SSR Western Multifamily LLC by Deed from Jefferson at Aviara, L.P. a Delaware limited partnership, dated November 28, 2000 and recorded in the Land Records of San Diego County, California, November 28, 2000 as Instrument No. 2000-0644998 of Official Records. Being the same real estate conveyed to IMP Aviara LLC, a Delaware limited liability company, by that certain deed from Institutional Multifamily Partners LLC, a California limited liability company, dated December 19, 2018 and recorded December 24, 2018 in the Official Records of San Diego County, California, as Instrument No. 2018-0525912. APN: 215-840-03 (End of Legal Description) AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date: June 14, 2024 Escrow No.: 24000150138 Property: 6610 Ambrosia Lane, Carlsbad, CA 92011 From: Stewart Title Guaranty Company -Commercial Services Stewart Title Guaranty Company -Commercial Services ("Stewart Title") has a business relationship with the affiliated entities identified below. Because of these relationships, this referral may provide Stewart Title a financial or other benefit related solely to the products or services provided or performed by the affiliated entity. Stewart Title and the affiliated entities below are all part of the Stewart family of companies, the ultimate owner of which is Stewart Information Services Corporation (NYSE:STC). SET FORTH BELOW IS THE ESTIMATED CHARGE OR RANGE OF CHARGES FOR THE SETTLEMENT SERVICE PROVIDERS LISTED. YOU ARE NOT REQUIRED TO USE ANY OF THE SETTLEMENT SERVICE PROVIDERS AS A CONDITION FOR YOUR .PURCHASE, SALE, OR REFINANCE TRANSACTION. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Affiliated Entity -Settlement Service Provider Advanced Support and Knowledge Services, LLC Asset Preservation, Inc. NotaryCam, Inc. Signature Closers, LLC Stewart Insurance Hazard/Home Insurance Home Warranty Natural Hazard Disclosure Report Stewart Valuation Intelligence, LLC File No.: 24000150138 Charge or range of charges $45.00 to $275.00 $1,250.00 to $2,000.00 in delayed exchanges; Reverse exchanges are rare and the charge is quoted based upon the complexity of the transaction $5.00 to $150.00 $45.00 to $500.00 $800.00 to $8,500.00 $450.00 to $900.00 $99.00 to $140.00 $100.00 to $700.00 IMP Aviara LP, a Delaware limited partnership Affiliated Business Arrangement Disclosure Statement 02-2024 Page 1 of 1 CLTA PRELIMINARY REPORT I M, EXHIBIT A (Rev.11-04-22) [CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE-POLICY -1990 (11-09-18) 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 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 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 unless such lien is shown by the public records at Date of Policy. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA 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 1 of7 CLTA PRELIMINARY REPOI ORM, EXHIBIT A (Rev.11-04-22) EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART II (Variable exceptions such as taxes, easements, CC&R's, etc., are inserted here)] CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE OWNER'S POLICY (02-04-22) EXCLUSIONS FROM COVERAGE The following matters are 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) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse cla.im, or other matter: a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the 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 the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 1 O); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: PARTI 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 at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy. © 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. Page 2 of? CLTA PRELIMINARY REPORT F I, EXHIBIT A (Rev. 11-04-22) 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, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule 8. PARTII (Variable exceptions such as taxes, easements, CC&R's, etc., are inserted here) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (07-01-2021) EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy and We 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) that restricts, regulates,· prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeityre, police, or regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27. 2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by You; b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; c. resulting in no loss or damage to You; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy. 4. Lack of a right: a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land. Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21. 5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Title to You is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 30. 7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance. 9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27. 10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA 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 litle Association. Page 3 of7 CLTA PRELIMINARY REPOR' !RM, EXHIBIT A {Rev.11-04-22) 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 *% of Policy Amount Shown in Schedule A or$* (whichever is less) *% of Policy Amount Shown in Schedule A or$* (whichever is less) *% of Policy Amount Shown in Schedule A or$* (whichever is less) *% of Policy Amount Shown in Schedule A or$* (whichever is less) Our Maximum Dollar Limit of Liability $* $* $* $* CLTA/ALTA HOMEOW.NER'S POLICY OF TITl,.E INSURANCE (12-02-~3) 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; 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. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTAsubscribers 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 4 of 7 CLTA PRELIMINARY REPORT ·.tM, EXHIBIT A (Rev.11-04-22) 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 *% of Policy Amount Shown in Schedule A or$* (whichever is less) *% of Policy Amount Shown in Schedule A or $* (whichever is less) *% of Policy Amount Shown in Schedule A or $* (whichever is less) *% of Policy Amount Shown in Schedule A or $* (whichever is less) ALTA OWNER'S POLICY (07-01-2021) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $* $* $* $* The following matters are 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) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclos~d 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 the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 1 0); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTAsubscribers 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 5 of? CLTA PRELIMINARY REPOI ORM, EXHIBIT A {Rev.11-04-22) EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: NOTE: The 2021 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed as 1 through 7 below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy. 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, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. 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 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA 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 6 of7 CLTA PRELIMINARY REPORT F n, EXHIBIT A (Rev. 11-04-22) 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights Jaws, 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. 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: NOTE: The 2006 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as 1 through 7 below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy. 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, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA 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 7 of7 PROCEDURES TO ACCOMPANY THE RESTRICTIVE COVENANT MODIFICATION FORM The law prohibits unlawfully restrictive covenants based upon: " ... age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry ... Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." As the individual holding or acquiring an interest in the property, you may elect to have any unlawfully restrictive covenants "removed", which means "redacted." To have the unlawfully restrictive covenant removed, you may prepare and submit to the county recorder's office, a "Restrictive Covenant Modification" form (RCM) together with a copy of the attached document with the unlawfully restrictive covenant redacted. This request must be submitted to the county recorder's office and must include your return address so the county recorder can notify you of the action taken by the county counsel. NOTE: The RCM provided with your title product MAY NOT be the same form required by your county recorder's office: please double check your county recorder's office before completing this form. The process at the county recorder's office is as follows: • The county recorder takes the RCM with the redacted document and the original document attached and submits it to the county counsel for review to determine if, from a legal standpoint, the language was an unlawfully restrictive covenant and thus the redacted version should be indexed and recorded. • The county counsel shall inform the county recorder of his/her determination within a reasonable amount of time, not to exceed three months from the date of your request. • If county counsel determined that the redacted language was unlawful then, once recorded, the redacted document is the only one that effects the property and this modified document has the same effective date as the original document. • If county counsel determined that the redacted language was not unlawful then county counsel will return the RCM package to the county recorder and the county recorder will advise the requestor that same the request has been denied and the redacted document has not been recorded. • The modification document shall be indexed in the same manner as the original document and shall contain a recording reference to the original document. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO NAME ADDRESS CITY STATE &ZIP TITLE ORDER NO. ESCROW NO. APN NO. RESTRICTIVE COVENANT MODIFICATION (Unlawfully Restrictive Covenant Modification Pursuant to Government Code Section 12956.2) l(We) ________________________ ,have or are acquiring an ownership interest of record in the property located at _________________________ _ that is covered by the document described below. The following reference document contains a restriction based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in Section 12955 of the Government Code, or ancestry, that violates state and federal fair housing laws and is void. Pursuant to Section 12956.2 of the Government Code, this document is being recorded solely for the purpose of eliminating that restrictive covenant as shown on page(s)_of the document recorded on _______ in book~ ____ and page ___ or instrument number ________ o,f the official records of the County of __________ , State of California. Attached hereto is a true, correct and complete copy of the document referenced above, with the unlawful restrictive covenant redacted. This modification document shall be indexed in the same manner as the original document pursuant to subdivision (d) of Section 12956 of the Government. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document. (Signature of Submitting Party) (Printed Name) (Signature of Submitting Party) (Printed Name) County Counsel, or their designee, pursuant to Government Code Section 12956.2, hereby states that it has been determined that the original document referenced above ____ Does ____ Does Not contain an unlawful restriction and this modification may be recorded. County Counsel By: Date: STEWi .' INFORMATION SERVICES COi )RATION Updated August 29, 2023 GRAMM LEACH BULEY PRIVACY NOTICE This Stewart Information Services Corporation Privacy Notice ("Notice") explains how we and our affiliates and majority- owned subsidiary companies (collectively, "Stewart," "our" "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 your personal information. Pursuant to Title V of the Gramm-Leach Bliley Act ("GLBA") and other Federal and state laws and regulations applicable to financial institutions, consumers have the right to limit some, but not all sharing of their personal information. Please read this Notice carefully to understand how Stewart uses your personal information. The types of personal information Stewart collects, and shares depend on the product or service you have requested. Stewart may collect the following categories of personal and financial information from you throughout your transaction: 1. Identifiers: Real name, alias, online IP address if accessing company websites, email address, account name, unique online identifier or other similar identifiers; 2. Demographic Information: Marital status, gender, date of birth. 3. Personal Information and Personal Financial Information: Full name, signature, social security number, address, driver's license number, passport number, telephone number, insurance policy number, education,· employment, employment history, bank account number, credit card number, debit card number, credit reports, or any other information necessary to complete the transaction. Stewart may collect personal information about you from: 1. Publicly available information from government records. 2. Information we receive directly from you or your agent(s), such as your lender or real estate broker; 3. Information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Stewart may use your personal information for the following purposes: 1. To provide products and services to you in connection with a transaction. 2. To improve our products and services. 3. To communicate with you about our affiliates', and others' products and services, jointly or independently. Stewart may use or disclose the personal information we collect for one or more of the following purposes: a. To fulfill or meet the reason for which the information is provided. b. To provide, support, personalize, and develop our website, products, and services. c. To create, maintain, customize, and secure your account with Stewart. d. To process your requests, purchases, transactions, and payments and prevent transactional fraud. e. To prevent and/or process claims. f. To assist third party vendors/service providers who complete transactions or perform services on Stewart's behalf pursuant to valid service provider agreements. g. As necessary or appropriate to protect the rights, property or safety of Stewart, our customer or others. h. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. i. To help maintain the safety, security, and integrity of our website, products and services, databases and other technology-based assets, and business. j. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. k. Auditing for compliance with federal and state laws, rules and regulations. I. Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments. m. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as an on going transaction or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. File No.: 24000150138 Updated 08/24/2023 Page 1 Stewart will not collect additional categories of personal information or use the-personal information we collected 'for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent throughout the course of your transaction (for example, your realtor, broker, or a lender). Stewart may disclose your personal information to a non-affiliated third-party service providers and vendors to render services to complete your transaction. We share your personal information with the following categories of third parties: a. Non-affiliated service providers and vendors we contract with to render specific services (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) b. To enable Stewart to prevent criminal activity, fraud, material misrepresentation, or nondisclosure. c. Stewart's affiliated and subsidiary companies. d. Parties involved in litigation and attorneys, as required by law. e. Financial rating organizations, rating bureaus and trade associations, taxing authorities, if required in the transaction. f. Federal and State Regulators, law enforcement and other government entities to law enforcement or authorities in connection with an investigat_ion, or in response to a subpoena or court order .. The law does not require your prior authorization or consent 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 non- affiliated third parties, except as required or permitted by law. Right to Limit Use of Your Personal Information You have the right to opt-out of sharing of your personal information among our affiliates to directly market to you. To opt- out of sharing your information with affiliates for direct marketing, you may send an "opt out" request to 0pt0ut@stewart.com, or contact us through other available methods provided under "Contact Information" in this Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. How Stewart Protects Your Personal Information Stewart maintains physical, technical and administrative safeguards and policies to protect your personal information. Contact Information If you have specific questions or comments about this Notice, the ways in which Stewart collects and uses your information described herein, or your choices and rights regarding such use, please do not hesitate to contact us at: Phone: Email: Postal Address: File No.: 24000150138 Updated 08/24/2023 Toll Free at 1-866-571-9270 Privacyreq uest@stewart.com Stewart Information Services Corporation Attn: Mary Thomas, Chief Compliance and Regulatory Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 Page2 Effective Date: January 1, 2020 Updated: August 24, 2023 STEWART INFORMATION SERVICES CORPORATION PRIVACY NOTICE FOR CALIFORNIA RESIDENTS Stewart Information Services Corporation· and its affiliates and majority owned subsidiary companies (collectively, "Stewart", "our" "we") respect and are committed to protecting your privacy. Pursuant to the California Consumer Privacy Act of 2018 ("CCPA") and the California Privacy Rights Act of 2020 ("CPRA"), we are providing this Privacy Notice ("CCPA Notice"). This CCPA Notice explains how we collect, use and disclose personal information, when and to whom we disclose such information, and the rights you, as a California resident have regarding your Personal Information. This CCPA Notice supplements the information contained in Stewart's existing privacy notice and applies solely to all visitors, users, and consumers and others who reside in the State of California or are considered California Residents as defined in the CCPA ("consumers" or "you"). All terms defined in the CCPA & CPRA have the same meaning when used in this Notice. • Personal and Sensitive Personal Information Stewart Collects Stewart has collected the following categories of personal and sensitive personal information from consumers within the last twelve (12) months: A. lctentifiers. A real name, .alias, postal address, unique personal identifier,. online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.S0(e)). A name, signature, Social Security number, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information. C. Protected classification characteristics under California or federal law. Age, race, color, ancestry, national origin, citizenship, marital status, sex (including gender, gender identity, gender expression), veteran or military status. D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. E. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application or advertisement. F. Geolocation data. Stewart obtains the categories of personal and sensitive information listed above from the following categories of sources: • Directly and indirectly from customers, their designees, or their agents (For example, realtors, lenders, attorneys, brokers, etc.) • Directly and indirectly from activity on Stewart's website or other applications. • From third parties that interact with Stewart in connection with the services we provide. Use of Personal and Sensitive Personal Information Stewart may use or disclose the personal or sensitive information we collect for one or more of the following purposes: a. To fulfill or meet the reason for which the information is provided. b. To provide, support, personalize, and develop our website, products, and services. c. To create, maintain, customize, and secure your account with Stewart. d. To process your requests, purchases, transactions, and payments and prevent transactional fraud. e. To prevent and/or process claims. f. To assist third party vendors/service providers who complete transactions or perform services on Stewart's behalf pursuant to valid service provider agreements. g. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers or others. h. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. File No.: 24000150138 Updated 08/24/2023 Page3 i. To personalize your websitE ,erience and to deliver content and prod _ md service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text ;message (with your consent, where required by law). j. To help maintain the safety, security, and integrity of our website, products and services, databases and other technology-based assets, and business. k. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. I. Auditing for compliance with federal and state laws, rules and regulations. m. Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services or other similar services. n. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. • Stewart will not collect additional categories of personal or sensitive information or use the personal or sensitive information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent throughout the course of your transaction (for example, a realtor, broker, or a lender). We share your personal information with the following categories of third parties: a. Service providers and vendors we contract with to render specific services (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) b. Affiliated Companies. c. Parties involved in litigation and attorneys, as required by law. d. Financial rating organizations, rating bureaus and trade associations. e. Federal and State Regulators, law enforcement and other government entities In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information. Category A: Identifiers Category B: California Customer Records personal information categories Category C: Protected classification characteristics under California or federal law Category D: Commercial Information Category E: Internet or other similar network activity Category F: Non-public education information A. Your Consumer Rights and Choices Under CCPA and CPRA The CCPA and CPRA provide consumers (California residents as defined in the CCPA) with specific rights regarding their personal information. This section describes your rights and explains how to exercise those rights. i. Access to Specific Information and Data Portability Rights You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you: • The categories of personal information Stewart collected about you. • The categories of sources for the personal information Stewart collected about you. • Stewart's business or commercial purpose for collecting that personal information. • The categories of third parties with whom Stewart shares that personal information. • The specific pieces of personal information Stewart collected about you (also called a data portability request). • If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of recipient obtained. ii. Deletion Request Rights You have the right to request that Stewart delete any personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our File No.: 24000150138 Updated 08/24/2023 Page4 service providers to delete) your pE ,al information from our records, unless, cception applies . • Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to: 1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. 2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 3. Debug products to identify and repair errors that impair existing intended functionality. 4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. 5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code§ 1546 seq.) 6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent. 7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. 8. Comply with a legal obligation. 9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it. iii. Opt-Out of Information Sharing and S.elling Stewart does not share or sell information to third parties, as the terms are defined under the CCPA and CPRA. Stewart only shares your personal information as commercially necessary and in accordance with this CCPA Notice. iv. Correction of Inaccurate Information You have the right to request that Stewart correct any inaccurate personal information maintained about you. v. Limit the Use of Sensitive Personal Information You have the right to limit how your sensitive personal information, as defined in the CCPA and CPRA is disclosed or shared with third parties. Exercising Your Rights Under CCPA and CPRA If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described herein, your choices and rights regarding such use, or wish to exercise your rights under California law, please submit a verifiable consumer request to us by the available means provided below. 1. Emailing us at 0pt0ut@stewart.com or 2. https://www.stewart.com/en/quick-links/ccpa-request.html Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child, if applicable. To designate an authorized agent, please contact Stewart through one of the methods mentioned above. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Stewart. Response Timing and Format We endeavor to respond to a verifiable ~onsumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. A written response will be delivered by mail or electronically, at your option. File No.: 24000150138 Updated 08/24/2023 Page 5 Any disclosures we provide will onl). 1er the 12-month period preceding the vi ble consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. ~ Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Non-Discrimination Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: • Deny you goods or services. • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. • Provide you with a different level or quality of goods or services. • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Record Retention Your personal information will not be kept for longer than is necessary for the business purpose for which it is collected and processed. We will retain your personal information and records based on established record retention policies pursuant to California law and in compliance with all federal and state retention obligations. Additionally, we will retain your personal information to comply with applicable laws, regulations, and legal processes (such as responding to subpoenas or court orders), and to respond to legal claims, resolve disputes, and comply with legal or regulatory recordkeeping requirements Changes to This CCPA Notice Stewart reserves the right to amend this CCPA Notice at our discretion and at any time. When we make changes to this CCPA Notice, we will post the updated Notice on Stewart's website and update the Notice's effective date. Link to Privacy Notice https ://www.stewart.com/en/privacy.htm I Contact Information Stewart Information Services Corporation Attn: Mary Thomas, Chief Compliance and Regulatory Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 File No.: 24000150138 Updated 08/24/2023 Page 6