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HomeMy WebLinkAboutMS 2018-0010; C2 Fuerte Holdings LLC; 2025-0298815: CovenantRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2025-0298815 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Oct 24, 2025 08:59 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $266.00 (SB2 Atkins: $75.00) PAGES: 60 Space above this line for Recorder's use Prope1ty ID _______ P_a_rc_e_I_4"'"", M_a_._p_2_1_9_3_1 Project Name and Number EI Fue1te View MS 2018-0010, -------------- DECLARATION OF RESTRICTIVE COVENANTS This DECLARATION OF RESTRICTIVE COVENANTS ("Restrictive Covenant") is made this __ day of October, 2025 by C2 Fuerte Holdings LLC, a Utah limited liability company (hereinafter "Declarant"). RECITALS A. Declarant is the developer of that certain real property in Carlsbad, County of San Diego, State of California, commonly referred to as El Fuerte View MS 2018-00 IO (the "Project"). B. Declarant is the sole owner in fee simple of those portions of the Project located in Parcel 4, Map No. 21931 and as further described in legal descriptions attached hereto as Exhibit "A" and depicted on Exhibit "B" and attached hereto and incorporated by this reference (the "Restricted Property"), which consists of approximately 2.4 79 acres. C. This Restrictive Covenant provides conservation of native habitats on the Project site, pursuant to the requirements of the City of Carlsbad Habitat Management Plan and Municipal Code Chapter 21.210. This Restrictive Covenant is intended, and shall be deemed, to satisfy such requirement as to the Restricted Prope1iy, specifically, the amount of coastal sage scrub, scrub oak chaparral, disturbed habitat and non-native grassland to be preserved within the Restricted Prope1iy is 2.29 acres. D. The Restricted Property possesses wildlife and habitat values of great impo1iance to the people of the State of California and currently is and will remain in a Natural Condition as defined herein and is intended to be preserved in its natural, scenic, open condition to maintain its ecological, historical, visual and educational values (collectively, "Conservation Values"). E. Declarant desires to preserve and protect the Restricted Prope1iy pursuant to the Final Preserve Management Plan for the El Fuerte View Preserve dated June 10, 2021 ("Management CA 09/24/13 Prope1ty ID: Parcel 4, Map 21931 Project Name and Number: El Fue1te View, MS 2018-0010 Plan"), an adaptive habitat management plan which may be revised from time to time and which is incorporated herein by this reference. F. The United States Fish and Wildlife Service ("USFWS") has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife and native plants and the habitats on which they depend under the Endangered Species Act, 16 U.S.C. Section 1531 et. seq., the Fish and Wildlife Coordination Act, 16 USC, Section 661-666(c) and other applicable federal laws. G. The California Department of Fish and Wildlife ("CDFW") has jurisdiction, pursuant to Fish and Game Code Section 1802, over the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species, and the Depaiiment of Fish and Game is authorized to hold easements for these purposes pursuant to Civil Code Section 815.3, Fish and Game Code Section 1348, and other provisions of California law. H. The City of Carlsbad ("City") is a municipal corporation with a Habitat Management Plan for Natural Communities in the City of Carlsbad ("HMP") adopted by its City Council in November 2004, with the overall goal of contributing to regional biodiversity and the viability of rare, unique or sensitive biological resources throughout the City and the larger region while allowing public and private development to occur consistent with the Carlsbad General Plan and Growth Management Plan. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS NOW THEREFORE, Declarant hereby declares the Restricted Property shall be held, transferred, conveyed, leased, occupied or otherwise disposed of and used subject to the following restrictive covenants, which shall run with the land and be binding on Declarant's heirs, successors in interest, administrators, assigns, lessees, or other occupiers and users of the Restricted Property, or any portion of it. 1. Purpose. (a) The purpose of this Restrictive Covenant is to ensure the Restricted Property will be retained in perpetuity in a Natural Condition, defined below, and to prevent any use of the Restricted Property that will impair or interfere with the Conservation Values of the Restricted Property (the "Purpose"). Declarant intends that this Restrictive Covenant will confine the use of the Restricted Property to such activities, including without limitation, those involving the preservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes of this Restrictive Covenant. (b) The term "Natural Condition," as referenced in the preceding paragraph and other portions of this Restrictive Covenant, shall mean the condition of the Restricted Property as it exists at the time this Restrictive Covenant is executed, as well as future enhancements or changes to the Restricted Property that occur directly as a result of the following activities: 2 CA 09/24/2013 Property ID: Parcel 4, Map 21931 Project Name and Number: El Fue1ie View, MS 2018-00L0 (1) In-perpetuity maintenance ("Long-Term Maintenance, Management, and Monitoring"), that occurs on the Restricted Property as described in the Management Plan and Section 6 herein; or (2) Activities described in Section 4 herein. (c) Declarant ce1iifies to City, CDFW and USFWS that, to Declarant's actual knowledge, there are no strnctures or other man-made improvements existing on the Restricted Prope1ty. Declarant further ce1iifies to City, CDFW and USFWS that, to Declarant's actual knowledge, there are no previously granted easements existing on the Restricted Prope1iy that interfere or conflict with the Purpose of this Restrictive Covenant as evidenced by the Title Report attached at Exhibit "C". The cun-ent Natural Condition is evidenced in paii by the depiction of the Restricted Property attached on Exhibit "D", showing all relevant and plottable property lines, easements, dedications, improvements, boundaries and major, distinct natural features. Declarant has delivered fu1iher evidence of the Natural Condition to City, CDFW and USFWS ( 1) a color aerial photograph of the Restricted Property at an appropriate scale taken as close in time as possible to the date this Restrictive Covenant is executed; (2) an overlay of the Restricted Property boundaries on that aerial photograph; and (3) on-site color photographs showing all natural features of the Restricted Property. (d) If a controversy arises with respect to the Natural Condition of the Restricted Property, City, CDFW and USFWS shall not be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution of the controversy. ( e) The tern1 "Biological Monitor" shall mean an independent third-party consultant with knowledge of upland resources in the San Diego County area and expe1tise in the field of biology. 2. Declarant's Duties. Declarant, its successors and assigns shall: (a) Undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities would be inconsistent with the Conservation Values and would violate the permitted uses of the Restricted Property set forth in this Restrictive Covenant; and (b) Post and maintain signage in or adjacent to the boundary areas of the Restricted Property as described in Section 4( d); and (c) Comply with the terms of this Restrictive Covenant and cooperate with City, CDFW and USFWS in the protection of the Conservation Values; and ( d) Repair and restore damage to the Restrictive Property directly or indirectly caused by Declarant, Declarant's guests, representatives or agents and third parties; provided, however, Declarant, its successors or assigns shall not engage in any repair or restoration work in the Restricted Property without first consulting with City, CDFW and USFWS pursuant to Section 6; and 3 CA 09/24/2013 Prope1iy ID: Parcel 4, Map 21931 Project Name and Number: El Fue11e View, MS 2018-0010 ( e) Obtain any applicable governmental pe1mits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements; (f) Perfonn in-perpetuity Long-Term Maintenance, Management, and Monitming set fmih in Section 6 below; and (g) Perform an annual compliance inspection of the Restricted Property, prepare an inspection report and shall make repmis available to City, CDFW and USFWS upon request. 3. Prohibited Uses. Any activity on or use of the Restricted Property inconsistent with the Purpose of this Restrictive Covenant and not reserved as set forth in Section 4 hereof is prohibited. Without limiting the generality of the foregoing, the following uses by Declarant, and its respective guests, agents, assigns, employees, representatives, successors and third parties, are expressly prohibited, except as otherwise provided herein or unless specifically provided for in the Management Plan (attached hereto as Exhibit "E"), and any easements and reservations of rights recorded in the chain of title to the Restricted Property at the time of this conveyance ( as set forth in Exhibit C hereto): (a) Supplemental watering except for habitat enhancement activities described m Section 4(b ); (b) Use of herbicides, pesticides, rodenticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities, except weed abatement activities necessary to control or remove invasive, exotic plant species conducted by a herbicide applicator licensed to work within habitat preserve areas; ( c) Incompatible fire protection activities, except the fire prevention activities set forth in Section 4(f); ( d) Use of off-road vehicles and use of any other motorized vehicles except on existing roadways and as necessary to restore native plant communities consistent with Section 4. ( e) Livestock grazing or other agricultural activity of any kind; (f) Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing, except as allowed in the Management Plan; (g) Residential, commercial, retail, institutional, or industrial uses; (h) Any legal or de facto division, subdivision or portioning of the Restricted Property, except transfers in accordance with Section 1 7 below; (i) Construction, reconstruction or placement of any building or other improvement, billboard, or signs except signs permitted in Section 2(b) and Section 4( d); 4 CA 09/24/2013 Property ID: Parcel 4, Map 21931 Project Name and Number: El Fue1ie View, MS 2018-00 I 0 G) Depositing, dumping or accumulating soil, trash, ashes, refuse, waste, bio-solids or any other material; (k) Planting, introduction or dispersal of non-native or exotic plant or animal species; (l) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other material on or below the surface of the Restricted Property; (m) Altering the general topography of the Restricted Property, including but not limited to building of roads, trails, and flood control work; (n) Removing, destroying, or cutting of trees, shmbs or other vegetation, except as necessaiy for ( 1) emergency fire protection as required by fire safety officials as set forth in Section 4(t), (2) controlling invasive, exotic plants which threaten the integrity of the habitat, (3) preventing or treating disease, ( 4) completing the Mitigation Plan, or ( 5) activities described in Section 2, Section 4, Section 6 and Section 13; ( o) Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Restricted Property, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters; and (p) Fuel modification zones ( defined as a strip of mowed land or the planting of vegetation possessing low combustibility for purposes of fire suppression). 4. Declarant's Reserved Rights. Declarant reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accming from its ownership of the Restricted Property, including the tight to engage in or to permit or invite others to engage in all uses of the Restricted Property that are consistent with the Purpose of this Restrictive Covenant, including the following uses: (a) Access. Reasonable access through the Restricted Property to adjacent land over existing roads, or to perform obligations or other activities permitted by this Restrictive Covenant. In addition, police and other public safety organizations and their personnel may enter the Restricted Property to address any legitimate public health or safety matter. (b) Habitat Enhancement Activities. Enhancement of native plant commumt1es, including the right to plant native trees and shmbs of the same type as currently existing on the Restricted Property. For purposes of preventing erosion and reestablishing native vegetation, the Declarant shall have the right to revegetate areas that may be damaged by the permitted activities under this Section 4, naturally occurring events or by the acts of persons wrongfully damaging the Natural Condition of the Restricted Property. Prior to any habitat enhancement activities, Declarant shall have its Biological Monitor submit detailed plans to City, CDFW and USFWS for review and approval. Habitat enhancement activities shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, permitting requirements and Management Plan. 5 CA 09/24/2013 Property ID: Parcel 4, Map 21931 Project Name and Number: El Fuerte View, MS 2018-0010 ( c) Vegetation, Debris, and Exotic Species Removal. Removal or trimming of vegetation downed or damaged due to natural disaster, removal of man-made debris, removal of parasitic vegetation (as it relates to the health of the host plant) and removal of non-native or exotic plant or animal species. Vegetation, debris, and exotic plant species removal shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, permitting requirements, and Management Plan. ( d) Erection and Maintenance of Informative Signage. Erection and maintenance of signage and other notification features saying "Natural Area Open Space," "Protected Natural Area," or similar descriptions that inform persons of the nature and restrictions on the Restricted Property. Prior to erection of such signage, the Declarant shall submit detailed plans showing the location of such signs to City, CDFW and USFWS for review and approval. The erection and maintenance of informative signage shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be perfonned in compliance with all applicable laws, regulations, and pe1mitting requirements. (e) No Interference with Development of Adjoining Property. Notwithstanding anything set fo1ih herein to the contrary, nothing in this Restrictive Covenant is intended nor shall be applied to in any way limit Declarant or any of Declarant's successors and assigns from ( 1) constrncting, placing, installing, and/or erecting any improvements upon the portions of the Project not constituting the Restricted Property, (2) installing and/or maintaining the subsurface infrastrncture improvements, utility lines, landscaping (including inigation and rnnoff), landscape mitigation, and/or similar non-strnctural improvements within the Restricted Property, and/or (3) developing adjoining property for any purposes, except as limited by any local, state or federal permit requirements for such development and provided that for all of the above clauses ( 1 ), (2), and (3) neither such activity nor any effect resulting from such activity amounts to a use of the Restricted Prope1iy, or has an impact upon the Restricted Property, that is prohibited by Section 3 above. (f) Fire Protection. The right, in an emergency situation only, to maintain firebreaks ( defined as a strip of plowed or cleared land made to check the spread of a fire), trim or remove brnsh, otherwise perform preventative measures required by the fire department to protect strnctures and other improvements from encroaching fire. All other brnsh management activities shall be limited to areas outside the Restricted Property. 5. Access. This Restrictive Covenant does not convey a general right of access to the public or a general right of access to the Restricted Property. In accordance with Section 4( d), Declarant shall install signage at all likely points of entry infonning persons of the nature and restrictions on the Restricted Property. This Restrictive Covenant will allow for access to the Restricted Property by City, CDFW and USFWS and third-party easement holders ofrecord at the time of this conveyance at locations designated in easements and reservations of rights recorded in the chain of title to the Restricted Property at the time of this conveyance. 6. Long-Term Maintenance, Management, and Monitoring. 6 CA 09/24/2013 Property ID: Parcel 4, Map 2193 l Project Name and Number: El Fue11e View, MS 2018-0010 In addition to the other terms contained herein, Declarant, its successor or assign shall be responsible for the maintenance/repair of the Rest1icted Property in perpetuity. Such long-term maintenance shall consist of the following activities: (a) annual removal, by hand, of trash or man- made debris, (b) annual maintenance of signage and other notification features or similar desciiptions that inform persons of the nature and restrictions on the Restticted Prope1iy pursuant to Section 2(b ), ( c) implement its responsibilities under the Management Plan and any amendments thereto, and ( d) annual restoration of the Restricted Property damaged by any activities prohibited by Section 3 herein. Declarant, its successors and assigns shall prepare a monitoring and maintenance report documenting activities perfmmed under subsections (a) through (c) above, and shall make reports available to City/CDFW /USFWS upon request. When activities are perf01med pursuant to subsection ( d) above, Declarant shall retain a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Declarant shall have its Biological Monitor submit a draft Restoration Plan to City/CDFW/USFWS for review and approval prior to its implementation. Upon completion of restoration as specified in the City/CDFW/USFWS -approved Restoration Plan, Declarant shall have its Biological Monitor prepare a detailed monitoring report, and Declarant shall make the report available to City/CDFW /USFWS within thirty (30) days of completion of restoration activities. Declarant, its successors or assigns and the Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on-site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration perfo1mance by the Declarant, its successors or assigns, or its contractor in accordance with the City/CDFW /USFWS -approved Restoration Plan, coJTections recommended and implemented. 7. Endowment Declarant shall establish an endowment fund to be held in trust, invested and the interest disbursed therefrom to provide sufficient funds for the perpetual management, maintenance, and monitoring of the Property as required under this Restrictive Covenant. City, CDFW and USFWS shall have the right to review and approve the terms of the endowment agreement, and shall be a third party beneficiary of that agreement with the 1ight to review and approve any amendments. (a) Include the following piinciples of fiduciary duty in the endowment fund agreement: (1) The endowment holder shall have a fiduciary duty to hold the endowment funds in trust for the Property. (2) The endowment holder shall not commingle the endowment funds with other funds. Funds may be pooled for investment management purposes only. (3) The endowment holder shall have a duty of loyalty and shall not use the endowment funds for its own personal benefit. (4) The endowment holder shall act as a prudent investor of the endowment funds. 7 CA 09/24/2013 8. Property JD: Parcel 4, Map 21931 Project Name and Number: El Fuerte View, MS 2018-0010 (5) The endowment holder shall not delegate the responsibility for managing the funds to a third party, but may delegate authority to invest the funds with Declarant's oversight. The endowment holder shall act with prndence when delegating authority and in the selection of agents. ( 6) The endowment holder shall have annual audit of the endowment perfonned by a licensed CPA, and shall submit the auditor's written report to City, CDFW and USFWS upon completion. (7) Endowment funds set aside for the management of the Property shall not be used to pay any damages for liability due to acts or omissions of the endowment holder or any other party. City, CDFW and USFWS Rights. To accomplish the Purpose of this Restrictive Covenant, Declarant hereby grants and conveys the following rights to City, CDFW and USFWS (but without obligation of the City, CDFW and USFWS ): (a) A non-exclusive easement on and over the Restricted Property to preserve and protect the Conservation Values of the Restricted Prope1ty; and (b) A non-exclusive easement on and over the Restricted Property to enter upon the Restiicted Prope1ty to monitor Declarant's compliance with and to otherwise enforce the tem1s of this Restrictive Covenant; and ( c) A non-exclusive easement on and over the Restricted Property to prevent any activity on or use of the Restricted Property that is inconsistent with the Purpose of this Restrictive Covenant and to require the restoration of such areas or features of the Restricted Property that may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this Restrictive Covenant; and ( d) All present and future development rights allocated, implied, reserved or inherent in the Property; such rights are hereby tenninated and extinguished, and may not be used on or transferred to any portion of the Property, nor any other property adjacent or otherwise; and ( e) The right to enforce by means, including, without limitation, injunctive relief, the tenns and conditions of this Restrictive Covenant. 9. Enforcement. (a) Right to Enforce. Declarant, its successors and assigns, grant to City, CDFW and USFWS, Department of Justice, and the State Attorney General, as well as the City, a discretionary right to enforce these restrictive covenants in a judicial or administrative action against any person(s) or other entity(ies) violating or attempting to violate these restrictive covenants; provided, however, that no violation of these restrictive covenants shall result in a forfeiture or reversion oftitle. The U.S. Department of Justice, CDFW, State Attorney General and City shall have the same rights, remedies and limitations under this Section 9. 8 CA 09/24/2013 (b) Notice. Property ID: Parcel 4, Map 21931 Project Name and Number: El Fue1ie View, MS 2018-0010 (1) If City, CDFW and/or USFWS detem1ines Declarant is in violation of the tenns of this Restrictive Covenant or that a violation is threatened, City/CDFW /USFWS may demand the cure of such violation. In such a case, City/CDFW/USFWS shall issue a written notice to Declarant (hereinafter "Notice of Violation") infom1ing Declarant of the violation and demanding cure of such violation. (2) Declarant shall cure the noticed violation within fifteen ( 15) days of receipt of said written notice from City, CDFW, and/or USFWS. If said cure reasonably requires more than fifteen ( 15) days, Declarant shall, within the fifteen ( 15) day period submit to City/CDFW/USFWS for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. If Declarant disputes the Notice of Volation, it shall issue a written notice of such dispute (hereinafter "Notice of Dispute") to the City/CDFW/USFWS within fifteen (15) days of receipt of written notice of violation. (3) If Declarant fails to cure the noticed violation(s) within the time petiod(s) described in Section 9(b)(2) above, or Section 9(c) below, City/CDFW/USFWS may bring an action at law or in equity in a comi of competent jurisdiction to enforce compliance by Declarant with the tenns of this Restrictive Covenant. In such action, the City/CDFW /USFWS may (i) recover any damages to which they may be entitled for violation by Declarant of the tem1s of this Restrictive Covenant, (ii) enjoin the violation, ex parte if necessary, by tempora1y or pern1anent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or (iii) pursue other equitable relief, including, but not limited to, the restoration of the Restricted Property to the condition in which it existed prior to any such violation or injury. City/CDFW/USFWS may apply any damages recovered to the cost of undertaking any corrective action on the Restticted Property. (4) If Declarant provides City/CDFW/USFWS with a notice of dispute, as provided herein, City/CDFW /USFWS shall meet and confer with Declarant at a mutually agreeable place and time, not to exceed thirty (30) days from the date that City/CDFW/USFWS receives the notice of dispute. City/CDFW/USFWS shall consider all relevant information concerning the disputed violation provided by Declarant and shall determine whether a violation has in fact occurred and, if so, whether the notice of violation and demand for cure issued by City/CDFW /USFWS is appropriate in light of the violation. (5) If, after reviewing Declarant's notice of dispute, conferring with Declarant, and considering all relevant information related to the violation, City, CDFW, and/or USFWS determines that a violation has occurred, City/CDFW /USFWS shall give Declarant notice of such determination in wtiting. Upon receipt of such determination, Declarant shall have fifteen (15) days to cure the violation. If said cure reasonably requires more than fifteen (15) days, Declarant shall, within the 9 CA 09/24/2013 Property JD: Parcel 4, Map 21931 Project Name and Number: El Fuerte View, MS 2018-00 l 0 fifteen ( 15) day period submit to City/CDFW /USFWS for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. ( c) Immediate Action. If City/CDFW /USFWS, in its reasonable discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Restricted Prope1iy, City/CDFW/USFWS may immediately pursue all available remedies, including injunctive relief, available pursuant to both this Restrictive Covenant and state and federal law after giving Declarant at least twenty four (24) hours' written notice before pursuing such remedies. So long as such twenty four (24) hours' notice is given, City/CDFW/USFWS may immediately pursue all available remedies without waiting for the expiration of the time periods provided for cure or notice of dispute as described in Section 9(b )(2). The written notice pursuant to this paragraph may be transmitted to Declarant by facsimile. The rights of City/CDFW /USFWS under this paragraph apply equally to actual or threatened violations of the terms of this Restrictive Covenant. Declarant agrees that the remedies at law for City/CDFW /USFWS for any violation of the te1ms of this Restrictive Covenant are inadequate and that City/CDFW/USFWS shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which City/CDFW /USFWS may be entitled, including specific perfmmance of the terms of this Restrictive Covenant, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Section 9(c) shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. (d) Costs of Enforcement. Any costs incuned by City/CDFW/USFWS in enforcing the te1ms of this Restrictive Covenant against Declarant including, but not limited to, costs of suit and, any costs ofrestoration necessitated by Declarant's violation or negligence under the terms of this Restrictive Covenant shall be borne by Declarant, subject to California Civil Code section 815. ( e) Enforcement Discretion. Enforcement of the terms of this Restrictive Covenant shall be at the discretion of City/CDFW /USFWS. Any forbearance by City/CDFW /USFWS to exercise rights under this Restrictive Covenant in the event of any breach of any tenn of this Restrictive Covenant by Declarant shall not be deemed or construed to be a waiver by City/CDFW/USFWS of such term or of any subsequent breach of the same or any other te1m of this Restrictive Covenant or of any of the rights of City/CDFW /USFWS under this Restrictive Covenant. No delay or omission by City/CDFW/USFWS in the exercise of any right or remedy upon any breach by Declarant shall impair such right or remedy or be construed as a waiver. (f) Acts Beyond Declarant's Control. Nothing contained in this Restrictive Covenant shall be construed to entitle City/CDFW /USFWS to bring any action against Declarant for any injury to or change in the Restricted Property resulting from: (1) Any natural cause beyond Declarant's control, including without limitation, fire, flood, storm, and earth movement; or (2) Any prudent action taken by Declarant under emergency conditions to prevent, abate, or mitigate significant injury to persons and/or the Restricted Property resulting from such causes. CA 09/24/20 l 3 Property ID: Parcel 4, Map 21931 Project Name and Number: El Fuerte View, MS 2018-00 I 0 l 0. Costs and Liabilities. Declarant, or its successor or assign retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Restricted Property. Declarant agrees City, CDFW and USFWS shall not have any duty or responsibility for the operation, upkeep, or maintenance of the Restricted Prope1iy, the monit01ing of hazardous conditions thereon, or the protection ofDeclarant, the public or any third parties from risks relating to conditions on the Restricted Prope1iy. Declarant, its successor or assign remains solely responsible for obtaining any applicable governmental permits and approvals for any activity or use pem1itted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders and requirements. 11. Taxes. Declarant, its successors or assigns shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Restricted Prope1iy by competent authority, including any taxes imposed upon, or incuned as a result of, this Restrictive Covenant, and agrees to furnish City, CDFW and USFWS with satisfact01y evidence of payment upon request. 12. No Hazardous Materials Liability. (a) Declarant represents and wanants that it has no knowledge of any release or threatened release of Hazardous Mate1ials (defined below) in, on, under, about or affecting the Restricted Prope1iy. (b) Despite any contrary provision of this Restrictive Covenant, the paiiies do not intend this Restrictive Covenant to be, and this Restrictive Covenant shall not be, construed such that it creates in or gives City, CDFW and USFWS any of the following: (1) The obligations or liabilities of an "owner" or "operator," as those tenns are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or (2) The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4); or (3) The obligations of a responsible person under any applicable Environmental Laws; or (4) The right to investigate and remediate any Hazardous Materials associated with the Restricted Property; or (5) Any control over Declarant's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Restricted Property. 11 CA 09/24/2013 Prope1iy ID: Parcel 4, Map 21931 Project Name and Number: El Fuerte View, MS 2018-00 I 0 (c) The te1m "Hazardous Materials" includes, without limitation, (a) mate1ial that is flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions thereof; and ( c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA, the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); the Hazardous Mate1ials Transportation Act (49 U.S.C. Section 5101 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable federal, state or local laws, ordinances, rnles, regulations or orders now in effect or enacted after the date of this Restrictive Covenant. ( d) The tenn "Environmental Laws" includes, without limitation, any federal, state, local or administrative agency statute, ordinance, rnle, regulation, order or requirement relating to pollution, protection of human health or safety, the environment or Hazardous Materials. Declarant represents, warrants and covenants to City, CDFW and USFWS that activities upon and use of the Restricted Prope1iy by Declarant, its agents, employees, invitees and contractors will comply with all Environmental Laws. 13. Additional Easements. Declarant shall not grant any additional easements, rights of way or other interests in the surface or subsurface of the Restricted Prope1iy ( other than a security interest that is subordinate to this Restrictive Covenant), or grant or othe1wise abandon or relinquish any water rights relating to the Restricted Property, without first obtaining the written consent of City, CDFW, and USFWS. City, CDFW, and/or USFWS may withhold such consent if it determines that the proposed interest or transfer is inconsistent with the Purpose of this Restrictive Covenant or will impair or interfere with the Conservation Values of the Restricted Prope1iy. This Section shall not prohibit transfer of a fee or leasehold interest in the Restricted Property that is subject to this Restrictive Covenant and complies with Section 17 below. Declarant, its successors and assigns shall record any additional easements or other interests in the Rest1icted Prope1iy approved by the City, CDFW and USFWS in the official records of San Diego County, California and provide a copy of the recorded document to the City, CDFW, and USFWS. 14. Hold Harmless. Declarant shall hold hannless, protect and indemnify City and its, officials, directors, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (each a "City Indemnified Party" and, collectively, "City's Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation, reasonable attorneys' fees and experts' fees), causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively, "Claims"), arising from or in any way connected with: injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, except that this indemnification shall be inapplicable to Declarant's Indemnified Parties with respect to any Claim due solely to the negligence of Declarant or any of its employees. If any action or proceeding is brought against any of Declarant' s Indemnified Parties by reason of any such Claim, Declarant shall, at the election of and upon written notice from any of the Declarant Indemnified Parties defend such action or proceeding 12 CA 09/24/2013 Property ID: Parcel 4, Map 21931 Project Name and Number: El Fuc11e View, MS 2018-0010 with counsel reasonably acceptable to the Declarant Indemnified Paiiy, or reimburse the party for all charges incurred for services, including attorneys' fees, in defending the action or proceeding. 15. Amendment. Declarant may amend this Restrictive Covenant only after written concunence by City, CDFW and USFWS. Any such amendment shall be consistent with the Purpose of this Restrictive Covenant and shall not affect its perpetual duration. Declarant shall record any amendments to this Restrictive Covenant approved by City, CDFW and USFWS in the official records of San Diego County, California, and shall provide a copy of the recorded document to City, CDFW and USFWS. 16. Recordation. Declarant, its successor or assign shall promptly record this instrument in the official records of San Diego County, California, and provide a copy of the recorded document to City, CDFW and USFWS. 17. Assignment and Subsequent Transfers. (a) Declarant agrees to incorporate the te1ms of this Restrictive Covenant in any deed or other legal instrument by which Declarant divests itself of any interest in all or a portion of the Restricted Property. Declarant, its successor or assign agrees to (i) incorporate by reference to the title of and the recording information for this Restrictive Covenant in any deed or other legal instrument by which each divests itself of any interest in all or a portion of the Rest1icted Prope1iy, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Restrictive Covenant. Declarant, its successor or assign agrees to give w1itten notice to City, CDFW and USFWS of the intent to transfer any interest at least thirty (30) days prior to the date of such transfer. Any subsequent transferee shall be deemed to have assumed the obligations of this Restrictive Covenant and to have accepted the restrictions contained herein. The failure of Declarant, its successor or assign to perform any act provided in this Section shall not impair the validity of this Restrictive Covenant or limit its enforceability in anyway. (b) From and after the date of any transfer of all or any portion of the Restricted Property by Declarant and each transfer thereafter, (i) the transferee shall be deemed to have assumed all of the obligations of Declarant as to the portion transfened, as set forth in this Restrictive Covenant, (ii) the transferee shall be deemed to have accepted the restrictions contained herein as to the p01iion transfened, (iii) the transferor, as applicable, shall have no further obligations hereunder except for the obligations set forth above in this paragraph and pursuant to Section 24, and (iv) all references to Declarant in this Restrictive Covenant shall thereafter be deemed to refer to such transferee. 18. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and be served personally or sent by first class mail, postage prepaid, addressed as follows: 13 CA 09/24/2013 To Declarant: To: Property ID: Parcel 4, Map 21931 Project Name and Number: El Fuerte View, MS 2018-0010 C2 Fuerte Holdings LLC 3359 Descanso Ave San Marcos, CA 92078 760-845-9758 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 California Dept. of Fish and Wildlife, Region 5 3883 Ruffin Road San Diego, CA 92123 US Fish and Wildlife Service 2177 Salk A venue, Suite 250 Carlsbad, CA 92008 FAX 760-431-5902 or to such other address as either party shall designate by written notice to the other. Notice shall be deemed effective upon delivery in the case of personal delivery or, in the case of delivery by first class mail, five (5) days after deposit into the United States mail. 19. Controlling Law. The laws of the United States and the State of California shall govern the interpretation and performance of this Restrictive Covenant. 20. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Restrictive Covenant shall be liberally construed in favor of the deed to effect the purpose of this Restrictive Covenant and the policy and purpose California Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Restrictive Covenant that would render the provision valid shall be favored over any interpretation that would render it invalid. 21. Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a court of competent jurisdiction voids or invalidates the application of any provision of this Restrictive Covenant to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. 22. No Forfeiture. 14 CA 09/24/2013 Property ID: Parcel 4, Map 2193 J Project Name and Number: El Fue11c View, MS 2018-0010 Nothing contained herein will result in a forfeiture or reversion of Declarant's title in any respect. 23. Successors. The covenants, te1ms, conditions, and restrictions of this Resttictive Covenant shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude tunning in perpetuity with the Restricted Property. 24. Termination of Rights and Obligations. A party's rights and obligations under this Restrictive Covenant terminate upon transfer of the paity's interest in the Restrictive Covenant or Restricted Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 25. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 26. City, CDFW and USFWS Benefited Parties Except for Section 23, the te1ms of this Restrictive Covenant are for the benefit of the City, CDFW and USFWS only and are not for the benefit of any other parties. [ signatures on following page] 15 CA 09/24/2013 Property lD: Parcel 4, Map 21931 Project Name and Number: El Fuctie View, MS 2018-0010 IN WITNESS WHEREOF Declarant has executed this Restrictive Covenant the day and year first above w1itten. "Declarant" Title: ----',-------+-------- Attest: FREJSINGER APPROVED AS TO FORM: CINDIE MCMAHON, City Attorney By: /.-=-LL--- A;.r[S + a.""t-Bsp-l±ty-City Attorney 16 CA 09/24/2013 Property ID: Parcel 4, Map 2193 I Project Name and Number: El Fue,te View, MS 2018-0010 EXHIBIT A LEGAL DESCRIPTION l7 CA 02/04/13 EXHIBIT 'A' LEGAL DESCRIPTION OPEN SPACE EASEMENT ALL THAT PORTION OF LOT 4 OF EL FUERTE VIEW SUBDNlSION, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21931 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12, 2022 AS FILE NO. 2022-7000235 OF OFFICIAL RECORDS, EXCEPTING THEREFROM THE AREA SOUTHERLY AND SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWESTERN CORNER OF SAID LOT 4 THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 4 NORTH 85° 39' 56" EAST 37.80 FEET; THENCE NORTH 86° 03' 24" EAST 136.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEA YING SAID SOUTHERLY BOUNDARY NORTH 10° 23' 43" WEST A DISTANCE OF 21.29 FEET; THENCE NORTH 88° 11' 46" EAST A DISTANCE OF 81.25 FEET; THENCE NORTH 13° 30' 45" EAST A DISTANCE OF 11.56 FEET; THENCE SOUTH 89° 40' 43" EAST A DISTANCE OF 136.33 FEET; THENCE NORTH 05° 09' 46'' EAST A DISTANCE OF 7.91 FEET; THENCE NORTH 72° 47' 11" EAST A DISTANCE OF 157.69 FEET; THENCE SOUTH 42° 1 I' 04'' EAST A DISTANCE OF 10.57 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 4. CONTAINING AN AREA OF 2.30 ACRES OR 100,311 SQUARE FEET MORE OR LESS. 4/ 18/ 2S DATE LS 8733 EXPIRES 12/31/26 SHEET 1 OF 1 Propc1iy ID: Parcel 4, Map 21931 Project Name and Nnmbcr: El Fuc1tc View, MS 2018-0010 EXHIBIT B -PLAT MAP 18 CA 02/04/13 LEGEND EXHIBIT 'B' -PLAT MAP \j-u O> lO h /~~\ z-.i-\ OPEN SPACE EASEMENT AREA DEDICA TED TO TH[ Cl TY OF CARLSBAD PER PARCEL MAP 21931 z SCALE: 1"=80' Property ID: Parcel 4, Map 21931 Project Name and Number: El Fuerte View, MS 2018-0010 EXHIBIT C TITLE REPORT 19 CA 02/04/13 Frank Green stevvart Order No. Title Unit No. Your File No. Buyer/Borrower Name Seller Name PRELIMINARY REPORT 25000480362 48 C2 Fuerte Holdings LLC Property Address: xxx El Fuente Street, Carlsbad, CA 92009 Stewart l1tle Guaranty Company Commercial Services (San Diego) 7676 Hazard Center Drive, Ste 1400 San Diego, CA 92108 (619) 398-8035 Phone (619) 615-2389 Fax fgreen@stewart.com In response to the above referenced application for a policy of title insurance, Stewart Title Guaranty Company Commercial Services (San Diego) 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/ALTA 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 exclusions 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 April 24, 2025 at 7:30 a.m. Frank Green, Title Officer When replying, please contact: Frank Green, Title Officer File No.: 25000480362 Prelim Report COM 24 r 2-3-23 Page 1 of 8 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.: 25000480362 Page 2 of 8 Prelim Report COM 24 r 2-3-23 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: □ CLTA Owner's Policy 2022 □ ALTA Owner's Policy 2021 □ CLTA/ALTA Homeowner's Policy 2021 □ CLTA Loan Policy 2022 □ □ ALTA Loan Policy 2021 AL TA Short Form Residential Loan Policy 2021 ~ Other: Report Only □ Extended □ Standard □ Extended □ Standard □ Extended □ Standard SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: Fee Simple Title to said estate or interest at the date hereof is vested in: C2 Fuerte Holdings, LLC a Utah Limited Liability Company File No.: 25000480362 Page 3 of 8 Prelim Report COM 24 r 2-3-23 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 4, Map of Minor Subdivision No. 2018-0010 El Fuerte View Subdivision, in the City of Carlsbad, County of San Diego, State of California, according to filed in May 12, 2022, in Parcel Map No. 21931, of Parcel Maps, Office of the County Recorder of San Diego County. APN: 215-370-33-00 (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.: 25000480362 Page 4 of 8 Prelim Report COM 24 r 2-3-23 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 2025-2026. B. General and special city and/or county taxes, including any personal property taxes, and any assessments collected with taxes, for the fiscal year 2024 -2025: 1st Installment 0.00 Status 1st No Tax Due 2nd Installment 0.00 Status 2nd No Tax Due Parcel No. 215-370-33-00 Code Area/Tracer No. 09183 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, which may exist by virtue of assessment maps or filed notices. These taxes and/or assessments are typically collected with the county taxes; however, sometimes they're removed and assessed and collected separately. Exceptions: 1. Water rights, claims, or title to water, whether or not shown by the Public Records. 2. 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. 3. Any interests (including rights of the public) in and to any portion of the Land lying within roads, streets, alleys or highways. 4. Covenants, conditions, restrictions, easements, matters, charges and assessments as set forth in a document recorded October 6, 1971; Instrument No. 230020, of Official Records. 5. An Agreement regarding Permission to use by encroachment property, as disclosed by Stipulated Judgement recorded on October 7, 2002, as Instrument No. 2002-0862427, of Official Records. 6. Matters contained in document entitled Hold Harmless Agreement Geological Failure recorded March 24, 2022 as Instrument No. 2022-0130794, of Official Records. 7. Matters contained in document entitled Hold Harmless Agreement Drainage recorded March 24, 2022 as Instrument No. 2022-0130795, of Official Records. 8. Matters as shown on the Parcel Map No. 21931, of Maps, together with any provisions and File No.: 25000480362 Page 5 of 8 Prelim Report COM 24 r 2-3-23 recitals contained therein. 9. 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. 21931, of Official Records. 10. Any facts, rights, interests or claims which would be disclosed by an inspection of the Land. 11. Rights or claims of tenants in possession whether or not shown by the Public Records. 12. Rights or claims of parties in possession whether or not shown by the Public Records. 13. Any facts, rights, interests or claims which would be disclosed by a current ALTNNSPS Survey of the Land. (End of Exceptions) File No.: 25000480362 Page 6 of 8 Prelim Report COM 24 r 2-3-23 NOTES AND REQUIREMENTS A. N.A File No.: 25000480362 Page 7 of 8 Prelim Report COM 24 r 2-3-23 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 Stewart Title Guaranty Company Commercial Services (San Diego) 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 Stewart Title Guaranty Company Commercial Services (San Diego). Stewart Title Guaranty Company Commercial Services (San Diego) 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 Stewart Title Guaranty Company Commercial Services (San Diego) 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 Stewart Title Guaranty Company Commercial Services (San Diego) Such benefits shall be deemed additional compensation to Stewart Title Guaranty Company Commercial Services (San Diego) 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.: 25000480362 Page 8 of 8 Prelim Report COM 24 r 2-3-23 Order No.: Escrow No.: 25000480362 25000480362 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 4, Map of Minor Subdivision No. 2018-0010 El Fuerte View Subdivision, in the City of Carlsbad, County of San Diego, State of California, according to filed in May 12, 2022, in Parcel Map No. 2.1931, of Parcel Maps, Office of the County Recorder of San Diego County. APN: 215-370-33-00 APN: 215-370-33-00 (End of Legal Description) ORDER No.: 25000480362 RE: xxx El Fuente Street, Carlsbad, CA 92009 OWNER'S AFFIDAVIT 1. Affiant has requested STEWART TITLE GUARANTY COMPANY to issue its policy(ies) of title insurance, binder(s), commitment(s), preliminary report(s), guarantee(s), or endorsement(s) ("Report"), insuring an interest in or title to the above-referenced real property described in the Report {hereinafter referred to as "the Land") issued in connection with the above-referenced Order No. without exception to or providing certain affirmative insurance against unrecorded matters. 2. Affiant hereby affirms that it is the owner of the estate covering the Land. 3. Affiant hereby affirms that the undersigned is authorized to execute this affidavit, has the ability to execute all instruments necessary to mortgage or convey the Land pursuant to authority, and that the owner was properly created and is in good standing in its state of origin and is properly authorized to do business in the state where the Land is located. 4. Affiant hereby affirms that all taxes currently owing on said property are either being paid or are due but not yet delinquent. Affiant further affirms other than as shown in the Report there are no delinquent taxes or tax liens on the Land. 5. Affiant hereby affirms that the present transaction is not made for the purpose of hindering, delaying, or defrauding any creditors of the owner(s) and does not come within the provisions of the Bankruptcy or Insolvency Acts. 6. Affiant knows of no leases, agreements, defects, liens, encumbrances, adverse claims, or other matters affecting the Land, and has not received notice of any pending court action affecting the title to the Land. other than as shown on the Report bearing the above-referenced order number prepared by STEWART TITLE GUARANTY COMPANY. 7. That the undersigned has not received any written notice of violation of any covenants, conditions or restrictions, if any, affecting the Land. 8. Affiant hereby affirms that there is no one in possession or entitled to possession of the Land other than the vestee shown in said preliminary report or title commitment except: (if any, please list the parties or insert "None") Affiant further affirms that no party has an option to purchase said property or has any rights of first refusal to purchase all or any portion of the Land. {If any such right or option exists, so state or insert "None") File No.: 25000480362 Page 1 of 3 Owners Affidavit with Gap NCS CA COM 9. Affiant hereby affirms that there are no liens or rights to liens, upon the Land for labor, services, materials, appliances, equipment, or power furnished or to be furnished to the work of improvement which are imposed by law and not shown by the public records whether done by an owner, lessee, sublessee or tenant and which have been completed within six months or which is now in progress, other than the work described as follows: (if any, please list or insert "None") Affiant agrees to indemnify and hold harmless STEWART TITLE GUARANTY COMPANY against any and all claims arising therefrom. 10. As an inducement to STEWART TITLE GUARANTY COMPANY to issue its policy of title insurance effective as of the date closing occurs without making exception therein of matters which may arise between the effective date of the last continuation of title referenced in the Report and the date the documents creating the interest being insured have been filed for record (hereinafter "Gap Period"), and which matters may constitute an encumbrance on or affect said title, the undersigned agrees to promptly defend, remove, bond or otherwise dispose of any encumbrance, lien, or objectionable matter of title which may arise or be filed, as the case may be, against the captioned premises during the Gap Period and the date of recording of all closing instruments, and to hold harmless and indemnify the STEWART TITLE GUARANTY COMPANY against all expenses, costs and attorney fees, which may arise out of the failure to so remove, bond or otherwise dispose of any said liens, encumbrances or objectionable matters. Further, the undersigned shall be liable for all expenses, costs and attorney fees which may be incurred in the enforcement of this agreement. This Affidavit is made to induce STEWART TITLE GUARANTY COMPANY to issue its policies of title insurance with respect to the above captioned matter and the Affiant avers the foregoing statements are true and correct to the best of Affiant's knowledge and belief and further, will indemnify and hold STEWART TITLE GUARANTY COMPANY harmless against any loss or damage sustained as a result of any inaccuracy in the matters asserted hereinabove. File No.: 25000480362 The remainder of this page is intentionally left blank Signatures and Notary Acknowledgement on following page Page 2 of 3 Owners Affidavit with Gap NCS CA COM Executed under penalty of perjury on this 21 day of __ ~~~v-~~<~---' A~ AFFIANT: AFFIANT: A notary public or other 1cer 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 C_alifornia ) ) ss. County of _______ ~ Subscribed and sworn to (or affirmed ____ day of ____________ _ 20 __ , by ~?of satisfactory evidence to be the person(s) who appeared before me. Notary / File No.: 25000480362 Owners Affidavit with Gap NCS CA COM -- Page 3 of 3 STATE OF UTAH COUNTY OF UTAH ) (ss. ) ACKNOWLEDGMENT On June 27, 2025, personally appeared before me CHAD CLIFFORD, whose identity(ies) is/are personally known to me, or proven on the basis of satisfactory evidence, and who by me duly sworn/affirmed, did say that he/she/they is/are acting in the capacity referenced above for C2 FUERTE HOLDINGS, LLC, and that said document was signed by him/her/them in behalf of said Limited Liability Company by the authority of its Articles of Organization, Operating Agreement, or by consent of the Company Members, and said individual(s) acknowledged to me that said Limited Liability Company executed the same. EANNA DEVEY WRIDE NOTARY PUBLIC-STATE OF UTAH iiColMIISlon~~10,m7 COMIIIS&ION NUMBER 732162 My Commission Expires: AUGUST 20, 2027 Residing at: UTAH COUNTY AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date: May 02, 2025 Escrow No.: 25000480362 Property: XXX El Fuente Street, Carlsbad, CA 92009 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 ~ w C2 Fuerte Ho~C File No.: 25000480362 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 Affiliated Business Arrangement Disclosure Statement 02-2024 Page 1 of 1 ACKNOWLEDGEMENT OF RECEIPT, UNDERSTANDING AND APPROVAL OF STEWART INFORMATION SERVICES CORPORATION GRAMM-LEACH BULEY PRIVACY NOTICE AND AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT The undersigned hereby acknowledge receipt of the Stewart Title Information Services Corporation Gramm-Leach Bliley Privacy Notice and the Affiliated Business Arrangement Disclosure Statement that apply to this transaction. The undersigned further acknowledge that he/she/they received, read, understand and accept these documents in connection with the above-described transaction. Further, the undersigned received a copy of this acknowledgement as evidenced by the signature below. Buyer(s) File No.: 25000480362 Acknowledgement of Privacy and AfBA 02-2024 Page 1 of 1 Order No. 25000480362 AVAILABLE DISCOUNTS DISCLOSURE STATEMENT This is to give you notice that Stewart Title of California, Inc. ("Stewart Title") is pleased to inform you that upon proper qualification, there are premium discounts available upon the purchase of title insurance covering improved property with a one to four family residential dwelling. Such discounts apply to and include: Property located within an area proclaimed a state or federal natural disaster area. Property being refinanced. Property involving owners or purchasers that are active military personnel and honorably discharged veterans, senior citizens 55 years of age or older, first-time homebuyers and first responders. Property dedicated to church or charitable use. Please talk with your escrow officer or title officer to determine your qualification for any of these discounts. File No.: 25000480362 Available Discounts Disclosure 02-2024 Page 1 of 1 CLTA PRELIMINARY REPORT FORM, 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 of 7 CLTA PRELIMINARY REPORT FORM, EXHIBIT A (Rev. 11-04-22) EXCEPTIONS FROM COVERAGE -SCHEDULES, 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 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 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 10); 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 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 2 of 7 GLTA PRELIMINARY REPORT FORM, 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 tiile 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. 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 forfeiture, 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 Title Association. Page 3 of 7 CLTA PRELIMINARY REPORT FORM, 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 HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) 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 lltle 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 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 4 of 7 CLTA PRELIMINARY REPORT FORM, 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 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 10); 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 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 5 of 7 CLTA PRELIMINARY REPORT FORM, 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 of 7 CLTA PRELIMINARY REPORT FORM, EXHIBIT A (Rev. 11-04-22) 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 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 of 7 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 ________ of 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: STEWART INFORMATION SERVICES CORPORATION Updated August 24, 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," or "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 depends 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 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. 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 a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. File No.: 25000480362 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 investigation, 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 directly 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.: 25000480362 Updated 08/24/2023 Toll Free at 1-866-571-9270 Privacyrequest@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 Page 2 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," or "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, 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. Identifiers. 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 sens'itive 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 File No.: 25000480362 Updated 08/24/2023 Page 3 and monitor and improve our responses. i. To personalize your website experience and to deliver content and product and 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: Category B: Category C: Category D: Category E: Category F: Identifiers California Customer Records personal information categories Protected classification characteristics under California or federal law Commercial Information Internet or other similar network activity 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 File No.: 25000480362 Updated 08/24/2023 Page4 certain exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our service providers to delete) your personal information from our records, unless an exception 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 Selling 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 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. Visiting 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 consumer 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.: 25000480362 Updated 08/24/2023 Pages Any disclosures we provide will only cover the 12-month period preceding the verifiable 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 Stewarts Privacy Notice can be found on our website at https://www.stewart.com/en/privacy.htrn! 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.: 25000480362 Updated 08/24/2023 Page 6 Propc1tylD: Parcel 4, Map 21931 Project Name and Number: El Fuc1tc View, MS 2018-00 I 0 EXHIBIT D -EASEMENT PLOT EXHIBIT 20 CA 02/04/13 0 EASEMENT PLOT EX IBIT \ LEGEND [J/1/;1/J OPEN SPACE EASEMENT AREA DED!CA TED TO THE CITY OF CARLSBAD PER PARCEL MAP 21931 SOURCE OF TOPOGRAPHY LIDAR AND GEODETIC SURVEY METHODS FROM /NFORMA T/ON GATHERED ON 9/2/2008 BY MERCATOR ✓ v> ~6! -~1~ .'O. -~ ~~ .. ASSOCIATES u-.1 .-4' o-.o -s~ ;nr- 0 c0 in < • ·'¾ "• • ~ ~ f \;:o 1 .- u-.1 ·~ . ,') ' . • -t \'° ~ BO O -----BO 760 240 j SCALE: 1 "=80' Propetty ID: Parcel 4, Map 2193 I Project Name and Number: El Fue1ie View, MS 2018-0010 EXHIBIT E --LONG-TERM MANAGEMENT PLAN 21 CA 02/04/13 Final Preserve Management Plan for the El Fuerte View Preserve in the City of Carlsbad, California 10 June 2021 Prepared by: Gretchen Cummings Cummings Environmental, Inc. 1721 Main Street, Suite 104 Ramona, California 92065 I. INTRODUCTION ............................................................................................... 1 A. Purpose for Inclusion of the Preserve Area in the HMP .................................................. 1 B. Preserve Area History ...................................................................................................... 1 C. Purpose of this Management Plan .................................................................................... 2 II. PRESERVE AREA DESCRIPTION ............................................................... 2 A. Geographical Setting ........................................................................................................ 2 B. Geology, Soils, Climate, and Hydrology ......................................................................... 2 C. Preserve Area Boundaries and Historic/Adjacent Land Use ........................................... 2 D. Ownership and Legal Description .................................................................................... 5 E. Conservation Easement Compliance ................................................................................... 5 III. HABIT AT AND SPECIES DESCRIPTION ................................................... 6 A. Vegetation Communities .................................................................................................. 6 B. Plant Species .................................................................................................................... 6 C. Wildlife Species ............................................................................................................... 6 D. Species Covered by the HMP and Other Sensitive Species ............................................. 6 E. Fire History .......................................................................................................................... 7 F. Threats .................................................................................................................................. 7 IV. MANAGEMENT AND MONITORING GOALS .......................................... 7 A. Biological Goals ............................................................................................................... 7 B. Public Use Goals .............................................................................................................. 8 C. Fire Management Goals ................................................................................................... 9 V. ADAPTIVE MANAGEMENT ........................................................................ 9 VI. ADMINISTRATION AND REPORTING ...................................................... 9 A. Annual Reports, Work Plans, and Preserve Management Plan ....................................... 9 B. Data Management .......................................................................................................... 10 C. Communication and Coordination ................................................................................. 10 D. Budget and Endowment Management ........................................................................... 10 E. Operations and Staffing ..................................................................................................... 10 VII. REFERENCES ............................................................................................ 11 APPENDIX A-Civil Drawings for El Fuerte View Subdivision .......................... 12 ii APPENDIX B -Cumulative Lists of Plant and Wildlife Species Observed On-site .................................................................................................................................. 27 APPENDIX C-PAR for El Fuerte View ............................................................... 35 iii I. INTRODUCTION A. Purpose for Inclusion of the Preserve Area in the HMP APN 215-370-28 is a 3.9-acre parcel located south of El Fuerte Street, north of Cacatua Street, and west of Catalina Street (see Figures 1 and 2). The parcel is proposed to be subdivided into four lots. Three of the lots will be for residential development and the fourth lot will be a permanent open space preserve. The portion of the parcel to be set aside as open space, and which is the focus of this management plan, will be 2.29-acres. The 2.29-acres of on-site open space is located along the western and southwestern edges of the larger 3.9-acre parcel. This open space consists of 0.62-acre of Coastal Sage Scrub/Disturbed Coastal Sage Scrub, 1.36-acres of Scrub Oak Chaparral/Disturbed Scrub Oak Chaparral containing the sensitive Nuttall's Scrub Oak (Quercus dumosa), 0.24-acre of Disturbed/Ornamental Habitat, and 0.07-acre of Non-Native Grassland. It should be noted that 0.18-acre of Developed Land occurs along the southern parcel boundary due to encroachments from the residences to the south. To remedy this, the southern lot line will be adjusted to include these areas with the existing residences and exclude them from the on-site open space. Existing residential development will border the open space to the south, El Fuerte Street will form the northwestern boundary, and adjoining open space occurs to the west. The goals of setting aside this open space are to protect the sensitive Coastal Sage Scrub, Scrub Oak Chaparral, and Non-Native Grassland habitats and the Nuttall' s Scrub Oaks. B. Preserve Area History APN 215-370-28 was originally mapped as a Proposed Hardline in the City of Carlsbad's Habitat Management Plan (HMP). When researching the history of this property during the development review process, the city discovered that it was previously zoned as residential rather than open space and, therefore, should not have been mapped as an HMP Hardline. Section 20.1 of the HMP Implementing Agreement anticipates that mapping errors may occur and allows the city, upon mutual agreement of the Wildlife Agencies, to administratively correct these mapping errors. To correct this mapping error, two HMP Minor Amendments were processed, one in 2010 and one in 2019. Protected habitat that was impacted by the development project was replaced elsewhere by the city, as required by the HMP Minor Amendment. The parcel has been undeveloped up to this point except for the brow ditches, the cut bank along the northern edge of the parcel that was created when El Fuerte Street was constructed, and the stormwater and sewer easements in the eastern portion of the site (see Appendix A for civil drawings). The brow ditches occur parallel to El Fuerte Street in the northern portion of the parcel and along the toe 1 The remainder of this management plan may be provided by the City of Carlsbad upon request. 2