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Home My WebLink AboutSDP 00-17; The Summit at Carlsbad; Site Development Plan (SDP)PROJECT NAME: THE SUMMIT AT CARLSBAD DATE: 7/8/02 PROJECT DESCRIPTION: DEVELOPMENT <">F SDP 00-17 HDP 00-13 2C 00-11 143 APARTMENT UNITS ON 11.27 ACRES PROJECT ADDRESS: LOTNO(S).: ^- NUMBER OF LOTS: MARRON ROAD 3&4 Sec. 32, T.I IS., R.4W. Pel. 2, P.M. No. 4838 APN(S).! 167-30-51, 55, 71 1 NUMBER OF ACRES: 11.27 OWNER: MF DEVm-rART.SRAD T.T.C Mailing Address: 3993 HOWARD HUGHES PKWY. LAS VEGAS. NV 89109 Phone Number: Fax Number: E-Mail: I certify that I am the Information is true Signature: 702-734-4644 702-734-4645 jstockhausen @pacificdev.net it all the above of my knowledge. Date: APPLICANT: Mailing Address: Phone Number: Fax Number: E-Mail: Signature: SAME.AS OWNER Date: CML ENGINEER: DONALD 0. LOHR FIRM:LOHR + ASSOCIATES INC Mailing Address: 43513 RIDGE PARK DR. TEMECULA, CA 92590 SOILS ENGINEER: JAMES CERROS FIRM: GEOTECHNICAL EXPLORATION ING Mailing Address: 7420 .TRADE .ST. Phone Number: 909-676-6726 Fax Number: 909-699-08Q6 d.lohr@lohr-associates.com State Registration Number: RC.F. 90 5ns Phone Number: Fax Number: E-Mail: SAN DIEGO. CA 92121 619-549-7772. State Registration Number: PP17 ADDITIONAL COMMENTS: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) [icarlsbad Municipal Water District Qoiivenhain Qvallecitos 2. If in the Carlsbad Municipal Water District, what Is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only)/ street; public (median) landscape and irrigation, and drainage improvements (if applicable)? $ cut .cy fill .cy GRADING QUANTITIES remedial cy import..cy export..cy SEE REVERSE SIDE or DDUFMT SPBUICPR/MASTFRS/Annlicallon for Enalnearina Plan Chunk PROJECT NAME: THE SUMMIT AT CARLSBAD DATE: 7/8/02 PROJECT DESCRIPTION; SDP 00-17 HDP 00-13 2C 00-11 DEVELOPMENT OF 143 APARTMENT UNITS ON 11.27 ACRES PROJECT ADDRESS; MARRON ROAD LOT NO(S),: Por. Lots 3&4 Sec. 32. T.11S.. R.4W. Pel. 2. P.M. No. 4838 APN(S).: 167-30-51, 55, 71 NUMBER OF LOTS: .1 NUMBER OF ACRES: 11.27 T.T,nOWNER: Mailing Address: 3993 HOWARD.HUGHES• PKWY. LAS VEGAS. NV 89109 Phone Number: 702-734-4644 Fax Number; E-Mail: 702-734-4645 jstockhausen@pacificdev.net ! APPLICANT: Mailing Address: Phone Number: Fax Number: E-Mail: SAME.AS OWNER I certify that I am^the Information Is. Signature: >wner and that all the above ±Jio/&e best of my knowledge. Date 52 I Signature:Date: CIVIL ENG^EER; DONALD 0. LQHR L0m + ASSOCIATES INCFIRM: Mailing Address: 43513 RIDGE PARK DR. TEMECULA, CA 92590 Phone Number: Fax Number:.. E-Mail: .-d.lohrflohr-associate's.cbm State Registration Number; RHP. ?nsnfl SOILS ENGINEER:' JAMES CERROS FIRM: GEOTECHNICAL EXPLORATION ING Mailing Address: 7420 .TRADE ST. 909-676-6726 909-699-0896 Phone Number: Fax Number: E-Mail: - State Registration Number: SAN DIEGO. CA 92121 619-549-7722. 619-:54Q-.16QA ADDITIONAL COMMENTS: IMPROVEMENT VALUATION 1. What water district -Is thei proposed projectlocated In? (check one) ~ • '•• •• • ^Carlsbad Municipal Water District . Qoilvenhain Qvalledtos 2, If In the Carlsbad Municipal Water District, what Is the total cost estimate, Including the 15% contingency fee, for water and reclaimed water Improvements, sewer (for Carlsbad Municipal Water District only)/ street, public (median) landscape and Irrigation, and drainage Improvements ""•?*•GRADING QUANTITIES cy fill cy remedial cy Import cy export cy SEE REVERSP APPLICATION FOR f / all that apply) Adjustment Plat (ADJ) Certificate of Compliance (CE) Dedication of Easement (PR) Type: Encorachment Permit (PR) 'Rnal Map (FM) Grading Plahcheck (DWG) Improvement Plancheck (DWG) Parcel. Map (PM) [J Qultclafm of Easement (PR) TVpe: Reversion to Acreage (RA) . Street Vacation (S7V) (J Tentative Parcel Map (MS) .Cfeiflflrate of Correction (CCOR) [J Covenant of Easement (PR) Substantial Conformance Exhibit (SCE) DATE: 7/8/02THE SUMMIT AT CASLSBADPROJECT NAME; SDP 00-17 HDP 00-13PROJECT DESCRIPTION: DEVELOPMENT OF 143 APARTMENT UNITS ON 11.27 ACRES MARRON ROADPROJECTADDRESSi 167-30-51, 55, 71P.M. No. 4838 APN(S) . .'LOT NO(S), .' For. Lots 3&4Sec. 32, T.I IS.. R.4W. Pel. 2 NUMBER OF LOTS: .1 NUMBER OF ACRES: APPLICANT: Mailing Address: OWNER: Mailing Address: 3993 HOWARD.HUGHES PKWY. SAME.AS OWNERMF T)F.vrn-nAKT.SRAn LAS VEGAS. NV 89109 Phone Number: Fax Number: E-Mail: Phone Number: Fax Numbers- E-Mail: 702-734-4644 702-734-4645 jstockhausen ©pacificdev.net l owner and that all the above best of my knowledge. I certify thatlam^the Information is CIVIL ENGINEER: DONALD 0. LQHR SOILS ENGINEER:JAMES CERRQS LOHR + ASSOCIATES INC GEOTECHNICAL EXPLORATION INC Mailing Address: 43513 RIDGE PARK DR. TEMECULA, CA 92590 Mailing Address:7420 .TRADE ST. SAN DIEGO. CA 92121 Phone Number: 909-676-6726 Fax Number: 909-699-0896 E-Mail: ^.lohr@lohr-associates.com Phone Number: Fax Number: E-Mail: 619-549-772?. 613-54Q-1&Q4 State Registration Number: RC.P.State Registration Number: ADDmONAL COMMENTS: IMPROVEMENT VALUATION 1. What water district Is the proposed project located In? (check one) - JCarisbad Municipal Water District Qoilvenhaln Qvalledtos 2. If In the Carlsbad Munldpal Water District,, what Is the total cost estimate, Including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only)/ street^ public (median) landscape and Irrigation, and drainage Improvements (If applicable)? • . $ cut cy fill GRADING QUANTITIES cy remedial cy Import cy export cy SEE REVERSE SIDE •»ie\/Bl riPUPMT RPRvr.PRAXAfiTFRS/AnnlteatiQn far Enoln««rtna Ptan Ch*rk Certificate of Compliance (CE) [^Dedication of Easement (PR) Encorachment Permit (PR) APPLICATION FOR /all that a Adjustment Plat (ADJ) Grading Plahcheck (DWG) Impnovement Plancheck (DWG) [] Parcel. Map (PM) Quitclaim of Easement (PR) Type: Reyerslpn to Acreage (RA) Street Vacation (STV) Q Tentative Parcel Map (MS) CertJfkate of Correction (CCOR) Covenant of Easement (PR) Substantial Conformance Exhibit (SCE) Other MARRONRD. DEDICATION ."RECEIVED OCT 23 2002 ENGINEERING DEPARTMENT PROJECT NAME: THE SUMMIT AT CARLSBAD DATE: 7/8/02 PROJECT DESCRIPTION; SDP 00-17 HDP 00-13 2C 00-11 DEVELOPMENT OF 143 APARTMENT UNITS ON 11.27 ACRES ^^^•••••••••••••••^^^ PROJECT ADDRESS:MARRON ROAD LOT NO(S).: For. Lots 3&4 Sec. 32, T.I IS., R.4W. Pel. 2. P.M. No. 4838 APN(S). I NUMBER OF LOTS: .1 ' NUMBER OF ACRES: 167-30-51, 55, 71 11.27 ' nFvr-r:AT3T.sRAD T,T,r.OWNER: Mailing Address: 3993 HOWARD. HUGHES PKWY. LAS VEGAS. NV 89109 Phone Number: 702-734-4644 Fax Number: E-Mail: I certify that I am^the Information Is 702-734-4645 jstockhausen@pacificdev.net Signature: owner and that all the above best of my knowledge. ^ Date: APPLICANT: Mailing Address: Phone Number: Fax Number: E-Mail: Signature: SAME.AS OWNER Date: CML ENG^EER: DONALD 0. LOHR LOHR + ASSOCIATES INCRRM: Mailing Address: 43513 RIDGE PARK DR. TEMECULA, CA 92590 SOILS ENGINEER: JAMES CERRQS FIRM: GEOTECHNICAL EXPLORATION ING Mai/Ing Address: 7420 .TRADE ST. Phone Number: 909-676-6726 •: Fax Number: 909-699-0896 E-Mail: d.lohr@lohr-associates.com State Registration Number: Phone Number: Fax Number: E-Mail: SAN DIEGO. CA 92121 619-549-7?22. 619-549-1^04 State Registration Number:00 ADDITIONAL COMMENTS: IMPROVEMENT VALUATION 1. What water district Is ftie proposed project located In? (check one) • • •'-••• [|JCarlsbad Municipal Water District . Qoilvenhaln Qvalledtos 2. If in the Carlsbad Municipal Water District what Is the total cost estimate, Including the 15% contingency fee, for water and reclaimed water Improvements, sewer (for Carlsbad Municipal Water District only)/ street, public (median) landscape and Irrigation, and drainage Improvements (If applicable)? •''•'" . $ SEE REVERSE SIDE •IICVEI noupwr RFRVlftPR/MARTFRS/Anolleatlon for Enoln««rtna Plan Ch«efc cut cy fill GRADING QUANTITIES cy remedial cy Import cy export cy APPLICATION FOR ( / all that apply) "Q Adjustment Plat (ADJ) 'liJUfHf KUJ^K^'.^f^^^^^^ :;:* Vi< • • -5wipf &^-i £%$&%.•%%£ y1^ .'••'•••ff,-:\aPSfe^^a&feafcfe.Hi-i..-- yfe -.•;•• Certificate of Compliance (CE) 'Dedication of Easement (PR) Type: T/pe: Encx>rachment Perm/t (PR) Hnal Map (FM) Grading Plahcheck (DWG) Improvement Plancheck (DWG) [] Parcel. Map (PM) Qultdafm of Easement (PR) Type: — Type: Type: Reversion to Acreage (RA) Street Vacation (STV) Tentative Parcel Map (MS) Certificate of Correction (CCOR) Covenant of Easement (PR) (j| Substantial Conformance Exhibit (SCE) Other OPEN SPACE EASEMENT "RECEIVED OCT 23 2002 ENGINEERING DEPARTMENT PROJECT NAME: THE SUMMIT AT CARLSBAD DATE: 7/8/02 PROJECT DESCRIPTION: SDP 00-17 HDP 00-13 2C 00-11 DEVELOPMENT OF 143 APARTMENT UNITS ON 11.27 ACRES MARRON ROADPROJECT ADDRESS:_ LOT NOfS).: Por. Lots 3&4Sec. 32, T.11S.. R.4W. Pel. 2, P.M. No. 483S APN(S).! 167-30-51, 55, 71 NUMBER OF LOTS;NUMBER OF ACRES: 11.27 I OWNER: MF nFivnn-rARr.sBAn f.r.r I Maillno Address: 3993 HOWARD HUGHES PKWY . 1 . LAS VEGAS, NV 89109 1 Phone Number: 702-734-4644 | Fax Number: 702-734-4645 I c.Maj|. jstockhausen@pacificdev.net I I certify that I am the legal owner and that all the above 1 information Is true andffiOsctWrie best of my knowledge. Slanature: Ljam^JA^^ Date: /O/fo/Qt. CML ENG^EER: DONALD 0. LQHR pjRM; LOHR + ASSOCIATES INC Mailing Address: 43513 RIDGE PARK DR. TEMECULA, CA 92590 Phone Number: 909-676-6726 Fax Number: 909-699-0896 E-Mail: d.lohr@lohr-associate's.cbm State Registration Number: RHR ?nsn« APPLICANT: SAME- AS OWNER Mailing Address: \ Phone Number: I Fax Number: . .1 E-Mail: I Signature: . Date: . 1 SOILS ENGINEER: JAtyE? ' CERROS 1 FI'RM: GEOTECHNICAL EXPLORATION ING , Mailing Address: 7420 ^.RADE ST. 1 SAN DIEGO. CA 92121 1 Phone Number: 619-549-7???- '1 Fax Number: 6\3 549-J.6D4 1 E-Mail: . J State Registration Number: . DCS u/,^ ADDITIONAL COMMENTS: IMPROVEMENT VALUATION 1. What water district is the proposed project located In? (check one) ...... .... [jpCartsbad Municipal Water District Qoilvenhaln Qvalledtos 2. If In the Carlsbad Municipal Water District^ what Is the total cost estimate, Including the 15% contingency fee, for water and reclaimed water Improvements, sewer (for Carlsbad Municipal Water District only)/ street public (median) landscape and Irrigation, and drainage Improvements (If applicable)? ' • ' • $ GRADING QUANTITIES cut cy fill cy remedial cy Import cy export cy SEE REVERSE SIDE •'Tievci noupMT RPBVU-.PR/MARTFRS/Ajmlle»tlan far Enaln««rtna Plan Ctw* [ I [] Adjustment Plat (ADJ) Q Certificate of Compliance (CE) ^'Dedication of Easement (PR) TvDe:VU.'^ U^LW Type: *" "^ Type: Q Encorachment Permit (PR) [ [] Final Map (FM) Q Grading Plaiicheck (DWG) fj Improvement Plancheck (DWG) Q Parcel. Map (PM) D Quitclaim of Easement (PR) Tyce: TVoe: ' --IType: Q Reversion to Acreage (RA) Q Street Vacation (STV) [] Tentative Parcel Map (MS) Q Certificate of Correction (OCOR) rj Covenant df Easement (PR) [] Substantial Conformance Exhibit (SCE) "1 Other PUBLIC UTILITY WPC'C-IJ| t 1 . fSLteL'-i* . . : •••.''. tyJC1 ^ ikD1 > ' . • . 430.00 • '• • ' RECEIVED OCT 23 2002 ENGINEERING DEPARTMENT PROJECT NAME: THE SUMMIT AT CARLSBAD DATE: 7/8/02 PROJECT DESCRIPTION^ DEVELOPMENT ^F SDP 00-17 HDP 00-13 2C 00-11 143 APARTMENT UNITS ON 11.27 ACRES PROJECT ADDRESS: MARRON ROAD LOT NOCS).: Por- L015 3&4 Sgc- 32, T.llS., R.4W. Pel. 2, P.M. No. 4838 APN(S).:167-30-51, 55, 71 NUMBER OF LOTS:1 NUMBER OF ACRES: 11.27 1 I OWNER: MF nFvno-CART.sRAn T.T.C 1 Mailina Address: 3993 HOWARD HUGHES PKWY. LAS VEGAS, NV 89109 Phone Number: 702-734-4644 I Fax Number: 702-734-4645 ! E_Maj|. jstockhausen@pacificdev.net I certify that I am the legal owner and that all the above Information is truf£ andja^ctWhe best of my knowledge. Signature: j/ fifffyfitfo^ Date: a"/^J_ CML ENG^EER: DONALD 0. LOHR FIRM. LOHR + ASSOCIATES INC Maillnq Address: 43513 RIDGE PARK DR. TEMECULA, CA 92590 Phone Number: 909-676-6726 Fax Number: 909-699-0896 E-Mail: d. lohr@lohr-associates.com State Registration Number: RCF. ?nsnR ADDITIONAL COMMENTS: APPLICANT: SAME. AS OWNER Mailing Address: Phone Number: Fax Number: E-Mail: Signature: Date: SOILS ENGINEER: JAMES GARROS FIRM: GEOTECHNICAL EXPLORATION INC Mailing Address: 7420;rRADE ST. SAN DIEGO. CA 92121 Phone Number: 619-549-7222^ Fax Number: (\\y 54^-1^04 E-Mail: State Registration Number: Rrj? 3/./,2o . IMPROVEMENT VALUATION 1. What water district is the proposed project located In? (check one) E]Carlsbad Municipal Water District Qoiivenhain Qvalledtos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, Including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only)/ street; public (median) landscape and Irrigation, and drainage improvements cut cy fill GRADING QUANTITIES cy remedial cy import cy export cy SEE REVERSE SIDE u./ncvri npupur spm/ir.FS/MARTFRS/Annlleatlon for Enotiwarlna Plan Chunk SOP Complet D APPLICATION FOR f / all that apply) Adjustment Plat (ADJ) Certificate of Compliance (CE) Dedication of Easement (PR) Type: Type: Type: Encorachment Permit (PR) Final Map (FM) Grading Plancheck (DWG) [] Improvement Plancheck (DWG) [] Parcel Map (PM) D Quitclaim of Easement (PR) Type: . Type: Type: Reversion to Acreage (RA) n D Street Vacation (STV) Tentative Parcel Map (MS) Certificate of Correction (CCOR) Covenant of Easement (PR) Substantial Conformance Exhibit (SCE) Other '.4.600.00 GVP Consultants Consultants to City of Carlsbad Public Works - Engineering PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name: Project No.: Dwg. No.: Sheets No.: THE SUMMIT AT CARLSBAD SDP 00-17 403-9A Grading Plan 1 through 12 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial conformance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances. Signed Glen K. Van Peski RCE41204 Exp. 3/31/07 Date 3764 Cavern Place Carlsbad CA 92008-6585 Ph 760-720-0500 Fx 760-720-2282 85/19/2003 11:31 7604380.981 HENTHORN PAGE 02Jrl '' ' ,^ i'lu. vu&v r\ j California Ke^nal Water Quality Cor^ol Board San Diego Region lnt«mnAal(l«ss:hnp://wwiv.it>i.Tcl>.ca.«9u/-p»<qaWV Sf away far ?l743ky PvJc Coun. Suite I00, Sa» Dl«gO. Ciilf«o|j«l2.3-<i34C Swrennemal mate (818) 4«7-29tt • PAX (»58) 571-6972 Protection Action on Request for Clean Water Act section 401 Water Quality Certification for Discharge of Dredged and/or Fill Materials PROJECT: Summit at Carlsbad Project (File No. 02C-123) APPLICANT: Pacific Properties Ann: James Stoekhausen 3993 Howard Hughes Parkway, Suite 200 Las Vegas. JJV. 89109 ACTION: 1. O Order for Standard Certification 2. • Order for Technically-conditioned Certification 3. EU Order for Denial of Certification STANDARD CONDITIONS; The following three standard conditions apply to all certification actions, except as noted under Condition 3 for denials (Action 3), L. This certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant 10 section 13330 of the California Water Code and section 3 867 of Title 23 of the California Code of Regulations (23 CCR), 2. This certification action is not intended and shall not be construed to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to 23 CCR subsection 3S55(b) and the application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought, 3. The validity of any non-denini certification action (Actions ' ind 2) shail be conditioned . '.icon :orj! 7ayir,eni if the ru!! fss required under 23 CCR ;>;;:rior..?833..'-iT:le5S seated in wntiri$ by the certifying agency. California Environmental Protection Agency 05/19/2003 11:31 7604380981 APR. 212003 \2:'i\n. HENTHORN r, PAGE 4 03 •il« No. 02C-123 ADDITIONAL CONDITIONS The following additional conditions shall apply to this project: 1. Pacific Properties (Applicant) shall, at all times, fully comply with the engineering plans, specifications and technical reports submitted with thia application for 401 Water Quality Certification and all subsequent aubmittals required as part of this certification. 2. At a minimum, the Applicant shall implement and maintain structural post-construction Best Management Practices in compliance *'* section F.l.b.2 of Regional Board Order 2001-001 including, but not limited to, the installation and maintensnce of a StonnFilter* System or equivalent, tc treat and reduce pollutants in runoff from the parting and residential buildings area prior TO discharge into the mitigarion areas or municipal separate storm sewer systems. 3. Applicant shall comply with the requirements of State Water Resources Control Board Water Quality Order No. 99-08-DWQ, the NPDES General Permit for Storm Water Discharges Associated with Construction Activity. 4- Applicant^ shall implement the provisions of the Conceptual Wetland Mitigation and Monitoring Flan for Onsite Mitigation Associated with Summit at Carlsbad Project, City of Carlsbad dated October 2002 including the creation of 0.14 acres of Southern WiJlow Scrub/Freshwater Marsh, 0.07 acres enhancement of Cis-montane Alkali Marsh- Implementation of the Conceptual Wetland Mitigation and Monitoring Plan shall include each of the requirements specified in the Conditions 5-9 of this certification. 5. Applicant shall notify the Regional Board in 'writing at least 10 days prior to actual start dates for grading, mitigation installation, and completion of mitigation installation. 6. Applicant shall submit z report (including topography maps and planting locations) to the Regional Board within 90 days of completion of mitigation site preparation and planting, describing as-built status of the mitigation project, If the site grading and planting are not Completed within six weeks of each other, separate reports will be submitted describing those , specific as-built conditions. 7. The construction of proposed mitigation shall be completed within the same calendar year as impacts occur, or at least no later than 9 months following the close of the calendar, year in which impacts fust occur (e.g., if impacts occur in June 2003, construction of mitigation for all impacts must be completed no later than September 2004). 8. Mitigation monitoring reports shall be submitted quarterly during the first year following installation, semi-annually during the second and third years, and annually umil mitigation has been tiesfned successful. Monitoring reports shall be submitted no Iaw:^han-3p days; . following the and of the mom coring period. Monitoring reports shall include- buc t\oi be limited cc. the following: 05/19/2003 11:31 7604380981 , APR. 21.2003 12:22FM HENTHORN NO. 20E2" ,leNo. 02C-123 PAGE "P. 5 04 a. Names, qualifications, and affiliations of the persons contributing to the report; b. Tables presenting the ra^v daw collected in the field as well as analyses of the physical and biological data; c. Qualitative and quantitative comparisons of currant mitigation conditions with prc- construction conditions and previous mitigation monitoring results; d. Photo-documentation from established reference points; and e. Other items specified in ihe draft and final Mitigation and Monitoring Plan. 9. Applicant shall notify the Regional Board of any change in ownership of the project area, Notification shall include, but not be limited 10, a statement that the property owner has provided the purchaser with a copy of the Section 401 Water Quality Certification and that the purchaser understands ail permit requirements and shall implement them; the seller and purchaser shall sign and date the notification. Notification shall be provided within 5 days of (he sale of the property 10. In the event the Army Corps of Engineers determines that waters of the United States are isolated, this certification ia revoked and the Applicant will be required to submit a Report of Waste Discharge tc Che Regional Board, and receive Waste Discharge Requirements prior to project implementation. 11 In the event of any violation or threatened violation of the conditions of this certification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under state law, For purposes of section 401(d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. 12. In response to a suspected violation of any condition of this certification, the Regional Water Quality Control Board (RWQCB) may require the holder of any permit or license subject to this certification to furnish, under penalty of perjury, any lechnical or monitoring reports the RWQCB deems appropriate, provided that the burden, including cosrs. of the reports shall be a reasonable relationship to the nead for the reports and the benefits to be obtained from the reports. 13. In response to any violation of the conditions of this certification, the RWQCB may add modify the conditions of this certification as appropriate to ensure compliance. to or 85/19/2003 11:31 7604380981 AFK. ill. 2003 12:22PM Certification HENTHDRN PAGE 05 NO. 2G52 P. /ileNo. 02C-123 REGIONAL WATER QUALITY CONTROL BOARD CONTACT PERSON: David W. Gibson California Regional Water Quality Control Board, San Diego Region 9174 Sky Park Coon, Suite 100 San Diego, CA 92123-4340 858-467^387 . ca . WATER QUALITY CERTlFICATrON: I hereby certify that the proposed <iischarge from the Summit at Carlsbad (Hie No. 02C-J23) will comply with the applicable provisions of sections 301 ("Effluent Limitations"), 302 ("Water Quality Related Effluent Limitations ")i 303 ("Water Quality Standards and Implementation Plans"), 306 (''National Standards of Performance"), and 307 (Tojpc and Prctteatment Effluent Standards") of the Clean Water Act. Should new information come to our attention that indicates a water quality problem, we may issue waste discharge requirements at that time. Except insofar as may be modified by any preceding conditions, all certification actions are contingent on (a) the discharge being limited and all proposed mitigaucn being completed in strict compliance with the applicants' project description and/or on the inachcd Project Information Sheet, and (b) on compliance with all applicable requirements of the Regional Water Quality Control Board's Water Quality Control Plan (Ba&in Plan). Date Egflevrtive Officer Regional Water Quality Control Board Attachments 1 and 2 05/19/2003 11:31 7604380981 APR. 212003 !2:22FM Certification HENTHORN PAGE 06 NO. 2062 P. ? ,k No. 02C-123 Applicant: Applicant Representatives: Project Name; Project Location: Type of Project: Project Description- Federal Af ency/Permit: Other Required Regulatory Approvals: California Environmental Quality Act (CEQA) Compliance: ATTACHMENT 1 PROJECT INFORMATION Pacific Properties Atar. James Siockhawsen 3993 Howard Hughes Parkway, Suite 200 Las Vegas, NV. 89109 702-734-4644ext.nO 702-7344645 (f) Mr. Viput Joshl Dudek and Associates, Inc. 605 TWid Street Encinitas, CA 92024 Summit at Carlsbad (File No. 02C-123) The proposed project is located in the City of Carlsbad, on the north side of Marron Road and the south side of Hay mar Drive. The project lies within the USGS 7.5 minute map, San Luis Rey quadrangle. Section 32; Township 11 South; Range 4 West. Residential Development Pacific Properties proposes to build 143 apartment units in 13 buildings "with sn associated parking area of 305 spaces on 11.3 acres of a 21-ficrC area- US. Army Corps of Engineers Nationwide Permit 39 California Department of Fish and Game Streambed Alteration Agreement ,-The City of Carlsbad approved a Mitigated Negative Declaratioo on June 5,2002. Receiving Water.^Buena Vista Creek aod Buena Vista Lagoon 05/19/2003 11:31 7604380931 API 21. 2003 I2:22PM HENTHORN PAGE 07 vortuicacion .JeNa 02C-123 Impacted Waters of the United States: Dredge Volume; Related 'Projects Implemented/to be Implemented by the Applicants): Avoidance/Minimization Measures: Compensatory Mitigation: Best Managftijjeot Practices: The proposed, project wilj impact 0.13 acre of wetlands and waters (0,06 acres ci wetland, 0,03 acres of Southern Willow Scrub, and 0.04 acres of ephemeral non-vegetated Waters of the United States). Approximately 4ZO cubic yards None. . The project avoids impacts to 0.19 acre of Southern Willcw Scrub and 0.21 acre of Cis-Moman« Alkrli Marsh habitacs. Mitigation will Consist of the creation of 0.14 vxe. of Southern Willow Scrub/FreshwaierMareh habitat, and die creation of 0.07 acre of Cis- Montane Alkali Marsh, t^fiistfll!ation and maintenance of a StennRlter© System M equivalent to treat and reduce pollutants in runoff. 05/19/2003 11:31 7604380981 HENTHORN PAGE 08 AM. 'tl'tm 1Z:23?JI - NO. 2C62 F. 3 ATTACHMENT 2 DISTRIBUTION LIST Army Corps of Engineers San Diego Field Office 16895 West Bernardo Drive, Suite 300A San Diego, CA 92127 Mr. Vipul Joshi Dudek and Associates, Inc. 605 Third Street Encioitas, CA 92024 Stale Water Resources Control Board Division of Water Quality 05/19/2003 11:31 7604380981 HENTHORN PAGE 09 CALIFORNIA DEPARTMENT OF FISH AND GAME 4949 Viewridge Avenue San Diego, California 92123 Notification No.R5-2003»0009 AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and Carlsbad Acts. LP. a Nevada limited partnership. 3993 Howard Hughes Parkway. Suite 450. Las Vegas. NV 89109. (702)734-4644. State of Neygda. hereinafter called the Operator, is 3$ follows: WHEREAS, pursuant to Section 1603 of California Fish and Game Code, the Operator, on the 13th day of January. 2003. notified the Department that they intend to divert or obstruct the natural flow of, or change the bed, channel, or bank of, or use material from the streambed(s) of, the following water(s); an unnamed drainage, tributary to Buena Vista Creek, and Buena Vista Creek. San Diego County, California, Section 32 Township 11S Range 4W . WHEREAS, the Department (represented by Tamara Spear through a site visit on the 30th day January. 2003) has determined that such operations may substantially adversely affect those existing fish and wildlife resources within the streambed of an unnamed drainage, tributary to Buena Vista Creek, and Buena Vista Creekt specifically identified as follows: Birds: California coastal anatcatoher (Pofiootila califomica califomica). mourning dove (Zensida macrourgi). Anna's hummingbird (Calypte anna), black Phoebe (Savomis nkjricans). common raven (Corvus corax). house finch (Csmodacus mexic&nus). lesser goldfinch (CardueKs psattria). American kestrel (Falco sparverius). Bewick's wren (Thyrymanes bewjckii}, wrentit (Chamaea fasciata henshawft. California townee IPipilo crissalis). western kingbird (Tvrannus verticalis). scrub lav (Aohelocoma coeru/escens). northern mockingbird (Mimus polvolottos). western meadowlark (Stumella neolecta); Mammals: California ground squirrel (Spermophilus beechevi): Amphibians: Pacific tree frog (Hvia reailla): Reptiles: western fence lizard (Scelooorus occidentalism side-blotched lizard (Ufa stansuriana efegans). These wildlife are associated with southern willow scrub, alkali marsh, herbaceous wetland, unveqetated streambed, and surrounding coastal sage scrub, and annual grassland. THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. If the Operator's work changes from that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this Agreement and with other pertinent code sections, including but not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. This Agreement becomes effective the date of Department's signature and terminates December 31.2004 for project construction only. This Agreement shall remain in effect for that time necessary to satisfy the terms/conditions of this Agreement Page 1 of 5 05/19/2003 11:31 7604380981 HENTHORN PAGE 10 STREAMBED ALTERATION AGREEMENT #R5-2003-0009 1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 2. The Operator proposes to alter the streambed of an unnamed drainage, tributary to Buena Vista Creek, and Buena Vista Creek to accommodate the development of the Summit at Carlsbad Property a residential subdivision. Construction activity will result in 0.13 acre of impacts to streambed. The project is located approximately one-quarter mile west of El Camino Real and approximately 500 feet south of Highway 78 in the City of Carlsbad, County of San Diego. 3. The agreed work includes activities associated with No. 2 above. The project area is located in the streambed of an unnamed drainage, tributary to Buena Vista Creek, and Buena Vista Creek, San Diego County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator, including a "Biological Resources Report and Impact Assessment for the Summit at Carlsbad Property" prepared bv Dudek and Associates, dated May 2001: a "Conceptual Wetland Mitigation and Monitoring Plan for the On- site Mitigation Associated with Summit at Carlsbad", prepared bv Dudek and Associates, dated October 2002: a "Mitigated Negative Declaration'. SCH*2002021140 and shall be implemented as proposed unless directed differently by this agreement. 4. The Operator shall not permanently impact more than 0.13 acre of streambed comprised of 0.03 acre southern willow scrub, 0.06 acre herbaceous wetland and 0.04 acre unvegetated streambed. Wetland impacts resulting from the project shall be mitigated at a 3:1 ratio for southern willow scrub, and 1:1 for herbaceous wetland and unvegetated streambed for a mitigation acreage requirement of 0.19 acre. 0.20 acre of mitigation for the project shall occur on-site at two locations. 5. The Operator shall submit a Final Revegetation, Mitigation and Monitoring Plan for the 0.20 acre of wetland restoration areas located on-site The plan shall include a description of the proposed numbers, container sizes and planting location by species, monitoring activities (locations, techniques, scheduling, etc.), maintenance operations with emphasis on watering methods and schedules; the removal of invasive plant species, area treated, techniques to be used, and schedule and success criteria for controlling invasive plants; and any/all other references to revegetation and restoration activities specified by this agreement The Operator shall receive Department approval of the plan prior to project initiation/impacts. All revegetation shall be installed no later than March 31. 2005. 6. The Operator shall not remove vegetation within the streambed from February 15 to September 15 to avoid impacts to nesting birds unless otherwise approved by the Department. 7. No equipment shall be operated in ponded or flowing areas. 8. Disturbance or removal of vegetation shall not exceed the 0.13 acre of impacts approved by the Department. The disturbed portions of any stream channel shall be restored. Restoration shall include the revegetation of stripped or exposed areas with vegetation native to the area. 9. Installation of bridges, culverts, or other structures shall be such that water flow is not impaired. Bottoms of temporary culverts shall be placed at stream channel grade; bottoms of permanent culverts shall be placed at or below stream channel grade. 10. Preparation shall be made so that runoff from steep, erodibla surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or other work trails to control erosion. Page 2 of 5 05/19/2003 11:31 7G043809R1 HENTHORN PAGE 11 STREAMBED ALTERATION AGREEMENT #R5-2003-0009 11. Water containing mud, silt or other pollutants from aggregate washing or other activities shall not be allowed to enter a lake or flowing stream or placed in locations that may be subjected to high storm flows. 12. Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. 13. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat. All habitats and specimen trees to be preserved shall be delimited by temporary construction barrier fencing during the operation of earth moving equipment. 14. Staging/storage areas for equipment and materials shall be located outside of the stream. 15. The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 16. If a stream's low flow channel, bed or banks/lake bed or banks have been altered, these shall be returned as nearly as possible to their original configuration and width, without creating future erosion problems. 17. All mitigation planting shall have a minimum of 100% survival the first year and 80% survival thereafter and/or shall attain 75% cover after 3 years and 90% cover after 5 years or less for the life of the project. If the survival and cover requirements have not been met, the Operator is responsible for replacement planting to achieve these requirements. Replacement plants shall be monitored with the same survival and growth requirements. 18. All mitigation planting shall be done between October 1 and April 30 to take advantage of the winter rainy season except in irrigated areas. 19. An annual report shall be submitted to the Department by January 1 of each year for 5 years after planting. This report shall include the survival, percent cover, and height of both tree and shrub species. The number by species of plants replaced, an overview of the revegetation effort, and the method used to assess these parameters shall also be included. Photos from designated photo stations shall be included. When the site meets the 5-year success criteria, after being off irrigation for two consecutive years, AND the Department reviews and approves the mitigation site in writing, the Operator may consider the sites have been successful and cease monitoring. 20. Access to the work site shall be via existing roads and access ramps. 21 Spoil sites shall not be located within a stream, where spoil could be washed back into a stream, or where it could cover aquatic or riparian vegetation. 22. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the state. These materials, placed within or where they may enter a stream/lake, by Operator or any party working under contract, or with the permission of the Operator, shall be removed immediately. 23. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake. Page 3 of 5 05/19/2003 11:31 76043809P" HENTHDRN PAGE 12 STREAMBED ALTERATION AGREEMENT #R5-2003-0009 24. No equipment maintenance shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas under anyflow. 25. The Operator shall provide a copy of this Agreement to all contractors, subcontractors, and the Operator's project supervisors. Copies of the Agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand. 26. The Department reserves the right to enter the project site at any time to ensure compliance with terms/conditions of this Agreement. 27. The Operator shad notify the Department, in writing, at least five (5) days prior to initiation of construction (project) activities and at least five (5) days prior to completion of construction (project) activities. Notification shall be sent to the Department at 4949 vlewridge Avenue, San Diego, CA 92123 Attn: Tamara A. Spear 28. It is understood the Department has entered into this Streambed Alteration Agreement for purposes of establishing protective features for fish and wildlife. The decision to proceed with the project is the sole responsibility of the Operator, and is not required by this agreement. It is further agreed all liability and/or incurred cost related to or arising out of the Operator's project and the fish and wildlife protective conditions of this agreement, remain the sole responsibility of the Operator. The Operator agrees to hold harmless the State of California and the Department of Fish and Game against any related claim made by any party or parties for personal injury or any other damages. 29. The Department reserves the right to suspend or cancel this Agreement for other reasons, including but not limited to the following: a. The Department determines that the information provided by the Operator in support of the Notification/Agreement is incomplete or inaccurate; b. The Department obtains new information that was not known to it in preparing the terms and conditions of the Agreement; c. The project or project activities as described in the Notification/Agreement have changed; d. The conditions affecting fish and wildlife resources change or the Department determines that project activities will result in a substantial adverse effect on the environment. 30. The Operator shall request an extension of this agreement prior to its termination. Extensions may be granted for up to 12 months from the date of termination of the agreement and are subject to Departmental approval. The extension request and fees shall be submitted to the Department's Region 5 office at the above address. If the Operator fails to request the extension prior to the agreement's termination, then the Operator shall submit a new notification with fees and required information to the Department. Any activities conducted under an expired agreement are a violation of Fish and Game Code Section 1600 et seq. 31. Before any suspension or cancellation of me Agreement, the Department will notify the Operator in writing of the circumstances which the Department believes warrant suspension or cancellation. The Operator will have seven (7) working days from the date of receipt of this notification to respond in writing to the circumstances described in the Department's notification. During the seven (7) day response period, the Operator shall immediately cease any project activities which the Department specified in its notification. The Operator shall not continue the specified activities until that time when the Department notifies the Operator in writing that adequate methods and/or measures have been identified and agreed upon to mitigate or eliminate the significant adverse effect. Page 4 of 5 05/19/2003 11:31 76043809^' HENTHDRN PAGE 13 STREAMBED ALTERATION AGREEMENT 0R5-2003-0009 CONCURRENCE Carlsbad Apts. LP, a Nevada limited partnership By: Carlsbad Apts. LLC, a Nevada limited liability company Its: General Partner By: Carlsbad Apts., MM, Inc., a Nevada corporation Its: Manager By: California Dept. of Fish and Game (signature) ^ (date) A (signature) =77(date)' Mr. Mark H. Cassidv. President C.F. Raysbrook. Regional Manager (title) (title) Page 5 of 5 04-12-04 10:47am Prom-Lionel Sawyer t»"ili ins 7023838845 T-574 P.001/002 F-374 nr, - .Transmissio LIONEL SAWYER & COLLINS 1700 Bank of America Plaza * 300 South Fourth Street Las Vegas, NV 89101 Phone: (702) 383-8888 * Facsimile: (702) 383-8845 From: Emilia K. Cargill, Esq. Direct Dial No. (702)383-8876 e-mail address - ecargill@lionelsawyer.com If there is a problem with this transmission, please call SALLIE BAUER at (702)383-8973. To: Scott Cordes Firm: Pacific Properties and Development Fax No. 909-894-6381 Confirm No.909-906-5007 File: 05761-0093 Date/Time: April 12, 2004 (I0:39am) Pages: _ including this cover sheet. Message; Scon, John Bartman is having a certificate signed that shows he is authorized to execute documents on behalf of Azalea Limited Partnership - - in the mean time, attached is a document (from the California Secy, of State) showing that John Bartman is the general partner ofCJJ. Perhaps if you fax this to the City of Carlsbad it will make them happy all alone.,.. Keep me posted and I'll be in touch in a day or so. -Emilia THIS TRANSMISSION IS CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE INDIVIDUAL TO WHOM IT IS ADDRESSED. IF YOU HA VE RECEIVED THIS TRANSMISSION IN ERROR. PLEASE CALL US IMMEDIA TELY AND MAIL IT TO THE ABOVE ADDRESS. THANK YOU. IFTHEREADER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT. YOUARF. HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. 7023838845 FAX:3108268737 T-574 P.002/002 F-374 PAGE 9 04-12-04 10:47am From-Lional Sawyer 4" ":ns lPR-Q9=04FRi 12:16'PM BARTMAN BROS §tate of California 4fflarrl? Htniuj &u Form LP-I Secretary of State CERTIFICATE OF LIMITED PARTNERSHIP IMPORTANT—Read instructions on back before completing this form This Certificate is presented for filing pursuant to Chapter 3, Article 2, Sect -on 1S621, California Corporation* Code. I. NAME OF LIMITED PARTNERSHIP CJJ Limited Partnership a California limited partnership !- STUE^T AODRESS OF PRINCIPAL EXECUTIVE OFFICE 11777 San Vicente Blvd., #600 5- Si «fi£T AbnnSSS OF CAUFOANIA OFFICE IF EXBCUTtVE OfSFlCf IS IN ANOTHER STATE 3. CITY AND STATE Los Angeles, 6, CITY CA 4. UP COUE 90049 1. ZIP CODE 3- COMPLETE IF LIMITED PARTNERSHIP WAS FO«MCD PRIOR TO JULY 1, 13SA AND IS IN EXISTENCE ON DATE THIS CERTIFICATE IS EXECUTED. THE ORIGINAL LIMITED PARTNERSHIP CERTIFICATE WAS RECORDED ON _^ - 1 9 WPTVI THB FtECOHOBR OF i „ ., COUNTY. PILE OR RSCOROATlON NUMBER - - J. NAMES AND AOO(?E55ES OF ALL GENERAL PARTNERS; (CoNTtNUE ON SECOND PAOt IF NfiCBSSAOn A. AL»M£: T^I,^ Tj^-4-m-x^ ID- NAU& CITY: ,11777 San Vicente Blvd., #600 Los Angeles, CA 90049 STATE! Zip CODE: ACDHE5S: CITY:9TATE;ZIF CODE: E. NAME: CtTV:STATB:ZIP CODE:CITY:STATE:Zip COP6: C. NAME: ADDRESS: CITY:STATE!CODKl F. NAME; AQDRESS: arrv;STATS:COOES ,o. NAME AND ADDRESS c«= AOENT hn Bartman S& ^^crrfi SEHVICS tl. TERM WHICH THIS PA«TN6HSHU» IS TO BXI8T-. 2. ANY OTHER MATTBUS TO BE INCLUOBO IN THIS CS^TlPlCATE MAY »E NOTED ON SefAfiATE PAQE9 *NQ BT RBFBR&MCS HEREIN AJ»B A PART OP TH)3 INOlCATfi THE NUMBEB OP OBNERAL PARTNERS SKSNATURE3QUIRED FOR THE PURPOSE or RUNS AMENDMENT, DISSOLUTION CANCELLATION CERTIFICATES PERTAINING TD THIS CGRTIFlCATff, NUMBER OF PAGES ATTACKED)NUMBER OF OENERAJU PARTNERIS) SICNATURSSJ HjEREBV DECLAABO THAT I AM <W6 ARE) TMl PEaSON(S) WHO EXECUTED THIS CERTIFICATE FARTNEHSHIP. WHICH EXECUTION IS MY (OUR) ACT ANO OBSD (SSB s, RETURN ACKNOWLEDGMENT it). *M« p" Samuel w. Halper, Bsq 1880 Century Park East, Suite 1100 Los Angeles, CA 90067L i )OBESS rv Alt f CODE THIS SPACE POH OFFICER USE FILED FEB - 9 1998 The Summit «t Carlsbad UU0rftt>Mf Apt».T.P. | LlmHea Partnen | *)% K«y Rail Eitata Fund. a rfvtebn rf Key Capital CoqnnKon an ONo oorporaf on' 4.74% GH C*iwbM Invnuu, me a tfefcmar* oopoolon 60.26% ->b 5 2003 M»KBg»r Im* jneinbtrt 0% CnliUxlApti. MM,kic. a N«nrada cntpoMhjn PIP-J • Mart H. r.wnirty S«cy/Irea> - Steven U Mnbsky Vice F-wjiiMnl-Milk lomlinson ScH) S/ll - Steven U. Uotaihy eraf PirrtMr 5% Garl»b«dApt>. I.I.C « Nxadu Ikntlcxl HaliUly comtupy Clrfsbatl A|>n. Common LLC > Nevmili llmlleri llnbiHty comply CIT ItiYttlminll. LLC I DXh overall Project 0% Ml npfei. MM. Inc. Member 70% *DM Nov«d. LLC 9 Nevada UrnHed fcibKty company BOM!r»9%&MHC ,1V. Sot» Manager-S DM General Ct PWCX. rnr . a Nevada corpotallon Proi Ma\ H. CirisMy BecyflrEOT Slnen O. Mctosky SoK S'll - Sloven O. Uotaky Sou Ukocior. Steven D. r,<7tos*y ^5^. C.2-2S-03 09:58 Fran-Li cn«l Sawy«> * Col i ins 7023838845 T-4S3 P. 002/018 F-022 CARLSBAD APTS. MM, INC. SECRETARY'S CERTIFICATE The undersigned Officer of Carlsbad Apts. MM, Inc., a Nevada corporation (the "Company"^ DOES HEREBY CERTIFY for the benefit of the City of Carlsbad, California, in connection with documents, permits and licenses required to be executed by the City of Carlsbad, as follows: 1. Attached hereto as Exhibit "A" is a true, complete and correct copy of the organizational chart for The Summit at Carlsbad. 2. Attached hereto as Exhibit "B" is a true, complete and correct copy of the Unanimous Written Consent, Certification And Authorization By All Of The Farmers of Carlsbad Apts. L.P., dated July 31, 2002, showing that the Company as the manager of Carlsbad Apts. LLC who is, in ram, the general partner of Carlsbad Apts. L.P., has authority to act for and on behalf of Carlsbad Apts. L.P. 3. Attached hereto as Exhibit "C" is a true, complete and correct copy of the Written Consent of Manager And Member of Carlsbad Apts. LLC, date July 3 1 , 2002, showing that Mark Cassidy, as President of the Company who is, in turn, the manager of Carlsbad Apts. L.P,, has authority to act for and on behalf of Carlsbad Apts. L.P. 4. The persons named below were duly elected to the office set forth opposite each name and a true specimen of signature is set forth opposite their respective offices. NAME Mark H. Cassidy Steven D. Molasky Mark Tomlinson President Secretary/Treasurer Vice President SPECIMEN SIGNATURE .A IN WITNESS WHEREOF, the undersigned has executed this Certificate as of February ;2-H .2003. G:vUSERVSJWS7«] SbvcnMo!isk>AOi7<i I -WVSenvary's Certificate n Steven D. Molasky, Secretary/Treasurer /-\~r-\-r , rTnT-.RECEIVED JUN 2 6 tti03 ENGINEERING DEPARTMENT The Summit at IU/nHedPartneti 1 »J% 1 H«y Rnl etaita Fund, a division ot Key Capital CoiporaKon 80 ONo cotponiion 4.74% J6W tivMud invMtor*, Inc. la Delawiirfl ootporalofl |«0»H 0% . MM, Inc. Piu - M:rt H. Kastitt Stexm LJ Mnbsky - Mstk Icmtinson Sdfl S/ll - Steven I). Uotesky «b 5. 2003 B»rtspread5t*<!tsW57I>1 M ORO CHART 5% Carlibptf Apis. 110 a Nevada limilod Habllfty comvati Cirtsbatf A|iM. Common LLC a NovlJ« IMIeri linbilily company CIT Investment*. LLC 15* in overall Projecl Managci (not M*m)»r> 0% Catlsbail Apte. MM.I«t Member 70% SDM Nwaib LLC 9 NevtMfci limlteil tiabMly compafly 6DMt»9S 8.MHC .1V. Sola Manager -5 DM _ General Contrnctor PWCX. Inn., i Nevada corporation Pro« MB,\H.(:a-:r.«»y Secy^Trtas - Skven D. Molssky Sole 511 - Sfeven O. Sole Director - Sloven D. » 32-26-03 09:59 Frcra-Liorul Sawyir * Coli ins 7023838845 T-46S- P.004/019 F-OZ2 Exhibit B UNANIMOUS WRITTEN CONSENT, CERTIFICATION AND AUTHORIZATION BY ALL OF THE PARTNERS OF CARLSBAD APTS. LP. JULY 31,2002 1. The undersigned hereby certify that (a) the undersigned are all of the partners (the "Partners") of Carlsbad Apts. L.P., a Nevada limited partnership (the "Partnership") pursuant to that certain Agreement of Limited Partnership of the Partnership dated July 31, 2002 (the "Partnership Agreement"), (b) the Partnership Agreement is in full force and effect on the date hereof, (c) the Partnership has not been dissolved or terminated, and no proceedings or dissolution or termination are contemplated, and (d) to the knowledge of the undersigned, no default or event which with the passage of time or the giving of notice, or both, would constitute a default under the Partnership Agreement, has occurred. 2. It is desirable and in the best interests of the Partnership that the Partnership (a) acquire, lease, supervise and finance in an islamicaliy acceptable manner that certain real property in the City of Carlsbad, County of San Diego, California, which is more particularly described on Annex I attached hereto and made a part hereof (the "Property") for the purpose of having a malti- farTiily residential apartment complex and related improvements constructed thereon (the "Project"), and, in connection therewith, execute, accept and/or deliver certain assignments, deeds, easements, amendments, modifications, supplements, closing statements, affidavits and other agreements, documents, instruments, consents and assurances (collectively, the "Acquisition Documents"); (b) obtain financing (the "Financing") from Key Islamic Finance Company III LLC, an Ohio limited liability company ("Key Islamic"), for the purpose of constructing the Project and, in connection therewith, to lease the Property to and lease the Project and sublease Property from Key Islamic and assume obligations under various easements, agreements, documents and instruments relating to the foregoing, and execute, accept, deliver and grant to Key Islamic as security for the Financing such liens, security interests and financing statements as Key Islamic may require or deem appropriate against and'or in connection with the Property, and the Financing Documents (defined on Annex n attached hereto and made a part hereof), and including, without limitation, the Construction Budget and Construction Schedule attached as an exhibit to various of the Financing Documents, drafts of which have been provided and approved by the undersigned, and other agreements, documents, instruments, consents and assurances, and amendments, modifications and supplements, as Finance Agent (as defined in Schedule X (defined on Annex H)) may require to evidence and'or secure the Financing; (c) enter into the Investment Asset Management Agreement by and among KeyGlobal Capital, a business unit of KeyBank National Association. GIH Summit Investors, Inc. and Carlsbad Apts. LLC (the "Investment Asset Management Agreement") a draft of which has been provided to and approved by the undersigned; and (d) accept the Cost Overrun Guaranty given by Steven D. Molasky, Mark H. Cassidy and Pacific Properties and Development, LLC, aNevada limited liability company, in favor of the Partnership, GIH Summit Investors, Inc. and Key Real Estate Fund, a division of Key Capital corporation (the "Cost Overrun Guaranty"), a draft of which has been provided and approved by the undersigned. G:SUSER\EKC\C-S761 \0093Vronsems\L? Partners Consent v4 SSD.wpd 02-ZS-03 09:5S Frcm-lisrul Sawyar * Ccl! ins 7023838845 T-463 P.005/018 F-022 3. The Partners hereby consent to and approve the Acquisition Documents, the Financing Documents, the Investment Asset Management Agreement, the Cost Overrun Guaranty, and the Construction Budget and the Construction Schedule. 4. Carlsbad Apts. LLC, a Nevada limited liability company, as the general partner of the Partnership (the "Carlsbad GP") is hereby authorized and empowered, for and on behalf of, and in the name of, the Partnership, to execute and deliver the Acquisition Documents, the Financing Documents, and the Investment Asset Management Agreement, in substantially the forms previously submitted to the Partners for approval; and Carlsbad GP is further authorized and empowered for and on behalf of, and in the name of, the Partnership, to perform all acts and do all things which Carlsbad GP may deem necessary or desirable to consummate the transactions contemplated by and/or perform the obligations set forth in the Acquisition Documents, the Financing Documents, the Investment Asset Management Agreement, and the Cost Overrun Guaranty, with such further agreements, revisions, modifications and supplements as Carlsbad GP in its sole discretion, may deem necessary or desirable and in the best interests of the Partnership, the taking of any such action for and on behalf of the Partnership, and/or the execution and delivery for and on behalf of, and in the name of, the Partnership of any such agreement, revisions, modification or supplement being conclusive evidence Carlsbad GP did so deem the same to be necessary or desirable and in the bests interests of the Partnership, and shall be binding upon the Partnership. 5. Any and all transactions by any of the representatives of the Partnership, for and on behalf of, and in the name of, the Partnership, heretofore taken prior tc the execution of this Consent, including, but not limited to, the consummation of the purchase of the Property pursuant to the Acquisition Documents, and the negotiation of the Financing Documents, the Investment Asset Management Agreement, and the Cost Overrun Guaranty, be, and they hereby are, ratified, confirmed and approved in all respects for all purposes. (REST OF PAGE INTENTIONALLY LEFT BLANK] G:\USER\EKC\05761 \0093\Conscms\LP Partners Consent v4 SSD.wpd 02-26-03 09:59 From-Lion«l Sawyar 4 Col! ins 7023338845 T-463 P.006/DI9 F-022 This Consent may be executed in multiple counterparts, all of which taken together, shall constitute one and the same instrument. A facsimile or electronically executed counterpart of this Consent shall be effective to bind the parties executing the same to the terms of this Consent. IN WITNESS WHEREOF, the undersigned have executed this Consent as of the date first above written. GENERAL PARTNER; Carlsbad Apts. LLC, a Nevada limited liability company By: Carlsbad Apts. MM, Inc., a Nevada corporation Its: Manager By: Name: Mark H. CassidyV?resident LIMITED PARTNERS :KEY REAL ESTATE FUND, a division of Key Capital Co/poration, an Ohio corporation By: Name: Edward Chu, Vice President GIH Carlsbad Investors, Inc., a Delaware corporation By: Name: Its: 32-16-03 10:DO From-Lioni! Sawys>4 Col I ins 7023838845 T-469 P.307/3!9 F-U22- This Consent rosy be executed in multiple counterparts, all of which taken together, shall constitute one and the same instrument A facsimile or electxcmcally executed counterpart of this Consent shall be effective to bind the parties ffcnrmrmg the same to the terms of this Consent. IN WITNESS WHEREOF, the undersigned have executed mis Consent as of the date first above written. Carlsbad Apts, LLC, a Nevada limited liability company By. Carlsbad Apts. MM, Inc., a Nevada corporation Its: Manager By: Name: Mark H. Cassidy, President LIMITED PARTNERS:KEY REAL ESTATE FUND, a division of Key Capital Corporation, an Ohio corporation. By: Name: Edward Chu, Vice President GIH Carlsbad Investors, Inc., a Delaware corporation By: Name: Its: 32-16-03 10:00 Froarlicnil SawyijfcA.Ccl i Ms 7023838845 T-468 P.008/019 F-022 V Jf F. S/ This Consent may be executed in multiple, couawqsans, all of which taken together, shaft constitute one and the sane instrument A. fusimile or electronically executed counterpart of this Consent stall be effec»v« to bind the parties execumg the ame to the terms of thi* Consent. IN WITNESS WHEREOF, ihe undersigned have executed this Consent as of the date first above wrinea. GENERAL. PARTNER; Carlsbad Apts- LLC, a Nevada limited lability company By; Cirkhad Aprs. MM, Inc., a Nevada corporation lU: Manager By: Name: Mark H Caasidy, Fresidem UMITEO PARTNERS: KEY REAL ESTATE FUND, a division of Key Capial Corporation, an Ohio corporarioa By: Naoi«: Edward Ou, Vice President GJH Carlsbad lnv«5lors. Inc., « Delaware coloration 3y: Na^e: Bada A. Al-Ali Its: 32-26-03 10:00 Frcm-licna! Sawy*- * Col>ins 7023838845 T-4S3 P.009/019 F-022 ANNEXI Legal Description of Property G:\USER\EKCi0576l\OC93VConscnts\LP Pmncrs Consent v4 SSD.wpd 32-26-03 10:00 Franrlictul Sawyir * Col! in 7023838845 T-488 P.010/019 F-022 PARCEL A: (ASSESSOR'S PARCEL NO. lc/-030-51. 167-030-55) THAT PORTION OF LOT 4 IN SECTION 32. TOWNSKI» 11 SOUTH. RANGE -4 WEST. SAN BERNARDINO MERIDIAN AND PARCEL Z Of PARCEL MAP NO. 4838. IN THE CITY OF CARLSBAD. COUNTY OF SAN OIEGO STATE OF CALIFORNJA. FILED IN THE OFFICE OF COUNTY RECORDER OF SAW DIEGO COUNTY JUNE 18. 1976 AS DISCLOSED BY CERTIFICATE OF COMPLIANCE RECORDED JANUARY 24. 1985 AS FILE NO. 8S-O24949 OF OFFICIAL RECORDS AND MORE PARTICULARLY. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER QF S*IO LOT «. BEING AN ANGLE POINT IK THE BOUNDARY OF PARCEL 2 AS SHOWN ON PARCEL HAP 487. FILE3 IN THE OFFICE OF'THE COUNTY RECORDER OF SAN 01 ECO COUNTY. MARCH 30. 1971: THENCE ACQAW A SOUTHERLY PROLONGATION OF THE EASTERLY LINE OP SAID PARCEL 2 ON SAID PARCEL HAP 487, SOUTH 0*48'2S" WEST. 525.95 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF UARHON ROAD DESCRIBED IN DEED TO THECITY OF CARLS8AO. RECORDED MAY 23, 1973 AS DOCUMENT NO. 73-144259 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY OF MARRON ROAD SOUTH 8TO€'2S" WEST. 212.49 FEET TO THE BEGINNING OF A TANGENT 1008.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAIO CURVE THROUGH A CENTRAL ANGLE OF 4'WZ$- A DISTANCE OF 81.05 FEET; THENCE WESTERLY ALONG THE TANGENT TO SAIO CURVE SOUTH 75'30-00" WEST. 59.06 FEET; THENCE SOUTH 81*06'26- WEST, 208.52 FEET TO THE NORTHWESTERLY CORNER OF THE UNO DESCRIBED IN DEED TO LARWIK SAN DIEGO. INC., RECORDED DECEMBER Z*. 1972 AS FILE MO. 347021: THENCE LEAVING SAID NORTHERLY BOUNDARY OF MARRON ROAD NORTHERLY ALONG THE PROLONGATION OF THE WESTERLY LINE OF SA10 OEEO TO HRWIN SAN OIEGO. INC- NORTH 4<19'29" WEST. 74.41 FEET TO THE SOUTHERLY CORNER OF SAID PARCEL 2 A3 SHOWN ON PARCEL MAP 487: THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SA1C PARCEL Z PER PARCEL HAP 487 NORTH 46'00'31- EAST. 103-80 FEET TO THE MOST SOUTHERLY CORNER OF PARCEL 2yAS SHOWN OM SAIO PARCEL MAP NO. 4838; THENCE ALONG THE WESTERLY LIME OF SAIO PARCEL 2 ?ER PARCEL MAP NO. 4838 NORTH 3'09'03" WEST. 1087.03 FEET TO A POINT ON THE SOUTHERLY LINE OF HAYUAR DRIVE, BEING A POINT OH A CURVECONCAVE SOUTHEASTERLY WITH A 450 FOOT RADIUS, A RADIAL LINE THROUGH SAIO POINT BEARS NORTH 13*49'47- WEST; THENCE EASTERLY ALON<J THE ARC OP SAIO 4SO FOOT RADIUS CURVE, 7.03 FEET THROUGH A CENTRAL AN3LE OF C'53'43" TO A POINT OF COMPOUND CURVATURE IN SAIO SOUTHERLY LINE OP HAYMAR DRIVE: TKEKCE WESTERLY ALONG THE ARC OF A 1550 FOOT RADIUS CURVE CONCAVE SOUTHERLY THROUGH A CENTRAL ANGLE OF 13'40'OT. 363.73 FEET TO A POINT OF COMPOUND CURVATURE IN SAID SOUTHERLY LINE OF HAYUAR DRIVE; THENCE WESTERLY ALONG THE ARC OF A 750 FOOT RADIUS CURVE CONCAVE SOUTHERLY THROUGH A CENTRAL ANGLE OF 1«*aj'S3", 188.47 FEET TO THE NOST NORTHEASTERLY CORNER OF PARCEL 2 AS SHOWN OM SAID PftRCEL IWP NO 4838: THENCE SOUTH C'48'25" WEST, 626.18 FEET TO THE POIKT OF BEGINNING. PARCEL 8: (ASSESSOR'S PARCEL NO. 167-030-71) THAT PORTION CP LOT 3 OF SECTION 32. TOWNSHIP 11 SOUTH. RANGE 4 WEST, SAN BERNARDINO BASE AMD MERIDIAN. ACCORDING TO OFFICIAL PLAT THEREOF. BEING IN THE CITY OF CARLSBAD. COUNTY OF SAN DIECO. STATE OF CALIFORNIA. WORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3. BEING AN ANGLE POINT IN THE BOUNDARY OF PARCEL 2 AS SHOWN ON PARCEL MAP NO. 487. FILED IN THE OFFICE OF THE COUNTY RECORDER Of SAN DIEGO COUNTY, MARCH 30, 1971; THENCE EASTERLY ALONG THE NORTHERLY LINE Or SAID LOT 3, NORTH 89'28'35" EAST. 725.83 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY OF RANCHO AQUA HEOlONDA ACCORDING TO THE PARTITION HAP THEREOF NO. 823. FILED NOVEMBER 16. 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIE60 COUNTY- THENCE SOUTHERLY ALONG SAID BOUNDARY SOUTH 32'56 12" WEST. 554.02 FE-T TO A POINT ON THE NORTHERLY LINE OF MARRON ROAD AS CE5CRIBEO IN DEED TO THE CITY OF CARLSBAD, RECORDED MAY 23. 1973 AS FILE/PACE NO. 73-144269 OF OFFICIAL RECORDS; THENCE WESTERLY ALCNG SAID NORTHERLY LIN£ SOUTH 81%06'26" WES". 437.03 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3: THENCE NORTHERLY ALONG SAIO WESTERLY LINE NORTH 0*48'28" WEST. 525.95 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAIO LOT 3 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3. BEING AN ANCLE POINT IH THE BOUNDARY OF PARCEL 2 AS SHOWN ON PARCEL MAP NO. 487. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 30. 1971; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 3. NORTH 89*28'35- EAST, 725.63 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY OF RANCHO AQUA HEDIONDA ACCORDING TO THE PARTITION MAP THEREOF NO. 823 FILED NOVEMBER 16, 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. SAID POINT BEING THE TRUE POINT OF BEGINNING: THENCE SOUTHERLY ALONG SAID BOUNDARY SOUTH 32'56'12- WEST. 41.96 FEET; THENCE LEAVING SAID RANCHO BOUNDARY SOUTH 89«28'35- WEST. 1S4.48 FEET; THENCE NORTH 50'53'1<r WEST. 5«.98 FEET TO A POINT OH SAIO NORTHERLY L!M£ OF LOT 3; THENCE NORTH 89'28'3i" EAST. 260.01 FEET TO THE TRUE POiNT OF BEGINNING. 02-26-03 10:0! Frcm-Lionil Sawy.r • Coi i iis 7023838845 T-468 P.011/3'9 F-022 ANNEX II Definition of Financing Documents The "Financing Documents" shall mean the following documents and any terms used but not defined in this Annex 11 shall have the meaning given in the consent to which this Annex II is attached. 1. Construction (htisna'd) Agreement ("Istisna'a") between Key Islamic and Summit Construction, Inc., a Delaware corporation ("Summit Construction"). 2. Construction Arranger Acknowledgment and Consent Agreement among PWCX, Inc., a Nevada corporation ("Contractor"), Summit Construction. Key Islamic and the Partnership. 3. General Contractor Acknowledgment and Consent Agreement among Summit Construction; Contractor. Key Islamic, and the Partnership. 4. Agreement to Lease between Key Islamic and the Partnership. *5. Finance Lease (Ijara) and Purchase Option Agreement between Key Islamic and the Partnership. 6 Schedule "X" Definitions; Rules of Usage and Interpretation, to be used in connection with this transaction and related documents ("Schedule X"). 7. Memorandum of Lease Agreement [Finance (Ijara) Lease] between Key Islamic and the Partnership. S. Managing Contractor Agreement among Key Islamic, the Partnership, and Summit Construction ("Managing Contractor Agreement"). 9. Put Option Letter between Key Islamic and the Partnership. ] 0. Call Option Lener between Key Islamic and the Partnership. 11. United States Tax Matters Agreement among between Key Islamic, Summit Construction, and the Partnership. 12. Environmental Indemnity Agreement given by Molasky, the Partnership, Pacific Properties and Development, LLC, a Nevada limited liability company ("PPD"), Lake Mead Horizon LLC, a Nevada limited liability company ("LMH") and Summit Construction for the benefit of Key Islamic. 13. Amended and Restated .Base Purchase Price and Basic Rent Note given by the Partnership in favor of Key Islamic. O:\USER\EKO05761\0093\CoriseniS\LP Partners Consent v4 SSD.wpd 02-15-03 10:01 Fron-lioni! Sawys' * Col I ins 7023838845 " T-468 P.012/019 F-022 14. Amended and Restated Deed ofTrust, Assignment of Leases and Rents, Security Agreement and Fixture Filing given by the Partnership in favor of Key Islamic. 15. Assignment of Leases and Rents given by the Partnership in favor of Key Islamic. 16. Assignment of Construction Documents between the Partnership and Key Islamic. 17. Payment and Performance Guaranty given by Molasky, PPD and LMH for the benefit of Key Islamic. 18. Performance and Completion Guaranty given by Molasky, the Partnership, PPD, LMH and Summit Construction for the benefit of Key Islamic. 19. Site Lease between the Partnership and Key Islamic. 20. Memorandum of Lease Agreement [Site Lease] between the Partnership and Key Islamic. 11. Conditional Assignment of Management Agreement between the Partnership, a to be determined apartment manager for the Project, and Key Islamic. 22. Transfer of Lien and Assignment of Original Project Documents given by KeyBank National Association, a national banking association and MF Devco-Carlsbad, LLC, a Delaware limited liability company in favor of Key Islamic. 23. UCC Financing Statements delivered in connection with any of the Financing Documents. G;\USER'\ZK.C\0576U0093\Conseni5'\L? Fanners Consent v4 SSD.wpd 32-26-03 10:01 From-Liond Sawir *. Col! ins 7023838845 T-463 P.013/319 F-G22 Exhibit C WRITTEN CONSENT OF MANAGER AND MEMBER OF CARLSBAD APTS. LLC JULY 31,2002 The undersigned, being the sole manager and member of CARLSBAD APTS. LLC, aNevada limited liability company ("Carlsbad GP"), do hereby consent to the adoption of and adopt the following preambles and resolutions: WHEREAS, Carlsbad GP is the general partner of Carlsbad Apts. L.P., a Nevada limited partnership (the "Partnership"); and WHEREAS, the Partnership desires to (a) acquire, lease, supervise and finance in an islamically acceptable manner that certain real property in the Ciry of Carlsbad, County of San Diego, California, which is more particularly described on Annex I attached hereto and made a part hereof (the "Property") for the purpose of having a multi-family residential apartment complex and related improvements constructed thereon (the "Project"), and, in connection therewith, execute, accept and/or deliver certain assignments, deeds, easements, amendments, modifications, supplements, closing statements, affidavits and other agreements, documents, instruments, consents and assurances (collectively, the "Acquisition Documents"); (b) obtain financing (the "Financing") from Key Islamic Finance Company ID LLC, an Ohio limited liability company ("Key Islamic"). for the purpose of constructing the Project and, in connection therewith, to lease the Property to and lease the Project and sublease Property from Key Islamic and assume obligations under various easements, agreements, documents and instruments relating to the foregoing, and execute, accept, deliver and grant to Key Islamic as security for the Financing such liens, security interests and financing statements as Key Islamic may require or deem appropriate against and/or in connection with the Property, and the Financing Documents (defined on Annex II attached hereto and made a part hereof), and including, without limitation, the Construction Budget and Construction Schedule attached as an exhibit to various of the Financing Documents, drafts of which have been provided to and approved by the undersigned, and other agreements, documents, instruments, consents and assurances, and amendments, modifications and supplements, as Finance Agent (as defined in Schedule X (defined on Annex H)) may require to evidence and/or secure the Financing; (c) enter in:o the Investment Asset Management Agreement by and among KeyGlobal Capital, a business unit of KeyBank National Association, GIH Summit Investors, Inc. and Carlsbad GP (the "Investment Asset Management Agreement") a draft of which has been provided and approved by the undersigned; and (d) accept the Cost Overrun Guaranty given by Steven D. Molasky, Mark H. Cassidy and Pacific Properties and Development, LLC, aNevada limited liability company, in favor of the Partnership, GIH Summit Investors, Inc. and Key Real Estate Fund, a division of Key Capital corporation (the "Cost Overran Guaranty"), a draft of which has been provided and approved by the undersigned; and G:vUSERAEKC\9S76no093\Coiuenu\CaHsba<J Apis U.C Consent v4 SSD.wp4 1 32-26-03 ;0:02 Frcra-Liorul Sawysr ' Collins 7023838845 T-463 P.OU/019 F-022 WHEREAS, Carlsbad GP believes it to be desirable and in the best interests of the Partnership to do all of the foregoing; THEREFORE, BE IT RESOLVED: That Carlsbad GP is hereby authorized to execute and deliver, on behalf of its self and in its capacity as the sole general partner of the Partnership, all such documents as it may deem necessary (as shown by the execution thereof), or as may be required in connection with the purchase and development of the Property and to perform all lawiul acts associated therewith; and FURTHER RESOLVED: Thai Carlsbad GP hereby consents to and approves the Partnership entering into and performing the Acquisition Documents, the Financing Documents, the Investment Asset Management Agreement, the Cost Overrun Guaranty, and the Construction Budget and the Construction Schedule and all other related documents deemed necessary in connection therewith; and FURTHER RESOLVED: That any and all transactions by any of the representatives of Carlsbad GP for and on behalf of, and in the name of, the Partnership or Carlsbad GP, heretofore taken prior to the execution of this Consent be, and they hereby are, ratified, confirmed and approved in all respects for all purposes; and FURTHER RESOLVED: That Carlsbad Apts. MM, Inc., a Nevada corporation (the "Manager"), the sole manager of Carlsbad GP, acting alone, by either Mark H. Cassidy as President, Steven D. Molasky as Secretary, or Treasurer, is authorized and empowered in the name and on behalf of the Manager, as sole manager of Carlsbad GP, to execute, acknowledge and deliver, from time to time, any and all such documents, agreements, certificates, and instruments to be executed in connection with the transactions contemplated hereby, as such officer deems appropriate (as shown by ihe execution thereof), all on such terms and conditions as such officer shall, in such officer's sole discretion, deem advisable or appropriate. [REST OF PAGE INTENTIONALLY LEFT BLANK] C:\USERVEKC\OS76 I\0093\Conscnls\C«rlJb»d Apts LLC Consent v4 SSD.wpd Page 2 02-26-03 10:02 From-Lionil Sawyr * Collins 7023838845 T-463 P.015/019 F-022 This Consent may be executed in multiple counterparts, all of which taken together, shall •.onstitute one and ihe same instrument A facsimile or electronically executed counterpart of this Zonsent shall be effective to bind the parties executing the same to the terms of this Consent. IN WITNESS WHEREOF, the undersigned have executed this Consent as of the date first bove written. MANAGER/MEMBER:Carlsbad Apts. MM, Inc. a Nevada corporation By; Name: Mark MEMBER:Carlsbad Apts. Common LLC a Nevada limited liability company By: Carlsbad Apts. MM. Inc. a Nevada corporation, Manager By: Name: Mark H. Cassidy,vEresident <\EKO057$n0093\Ccnsen«\Cartsl>a<l Apts LLC Consent v4 SSD.wpd Page 3 02-25-03 10:02 Fronrlicrul Sawy.r 4 Col I ini 7023838845 T-468 P.016/013 F-022 ANNEX I Legal Description of Property G:\USER\EKC.0576]\0993\Conseim\Cwlsbad Apu U.C Cocuer.i v4 SSD.wpd Page 4 . 02-26-03 10:03 Frcni-Uoiul Sawysr MJcl i ins 7023838845 T-468 P.011/019 F-022 1 ~iscrow~No" r "23038357 -U" -f LEGAL DESCRIPTION EXHIBIT PARCEL A: (ASSESSOR'S PARCEL MO. 167-030-51. 167-030-55) THAT PORTION OF LOT 4 IN SECTION 32. TOWNSHIP 11 SOUTH. RANGE 4 WEST. SAN BERNARDINO MERIDIAN AND PARCEL 2 OF PARCEL MAP NO. 4838. IN THE CITY OF CARLSBAD. COUNTY OF SAN 01 EGO STATE OF CALIFORNIA, FILED \H THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 18. 1876 AS DISCLOSED BY CERTIFICATE OF COMPLIANCE RECORDED JANUARY 24. 1985 AS FILE NO. 85-024949 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: SEC INN ING AT THE NORTHEAST CORNER OF SAID LOT 4, BEING AN ANGLE POINT IN THE BOUNDARY OF PARCEL 2 AS SHOWN ON PARCEL MAP 487. FILED IH THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. MARCH 30. 1971; THENCE ALONG A SOUTHERLY PROLONGATION OF THE EASTER'Y LINE OF SAID PARCEL 2 ON SAID PARCEL MAP 487, SOUTH 0'48'25" WEST, 525.95 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF UARRON ROAD DESCRIBED IN DEED TO THE CITY OF CARLSBAD, RECORDED HAY 23. 1973 AS DOCUMENT NO. 73-144259 OF OFFICIAL RECORDS: THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY OF MARRON ROAD SOUTH 81'OS'26" WEST, 2",2.49 FEET TO THE BEGINNING OF A TANGENT 1008.00 FOOT RADIUS CURVE. CONCAVE SOUTHERLY- THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4*36'2$" A DISTANCE OF 81.OS FEET; THENCE WESTERLY ALONG THE TAN6ENT TO SAID CURVE SOUTH 76*30'00" WEST. 59.06 FEET: THENCS SOUTH BT06'26" WEST, 208.52 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBE? IN DEED TO LARWIN SAN 01 EGO, INC.. RECORDED DECEMBER 29. 1972 AS FILE MO. 347021: THENCE LEAVING SAID NORTHERLY BOUNDARY OF MARRON ROAO NORTHERLY ALONG THE PROLONGATION OF THE WESTERLY LINE OF SAID DEED TO LARWIN SAN DIEGO. INC. NORTH 4'19'29" WEST. 74.41 FEET TO THE SOUTHERLY CORNER OF SAID PARCEL 2 AS SHOWN ON PARCEL MAP 487; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2 PER PARCEL MAP 487 NORTH 46*00'3l" EAST. 103.80 FEET TO THE MOST SOUTHERLY CORKER OF PARCEL 2.-AS SHOWN ON SAID PARCEL MAP MO. 4838: THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 PER PARCEL MAP NO. 4838 NORTH 3'09'03" WEST. 1C87.08 FEET TO A POINT ON THE SOUTHERLY LINE OF HAYMAH DRIVE. BEING A POINT ON A CURVeCCNCAVE SOUTHEASTERLY WITH A 450 FOOT RADIUS. A RADIAL LINE THROUGH SAID POINT BEARS NORTH 13*49'47" WEST; THENCE EASTERLY ALONG THE ARC OF SAID 450 FOOT RADIUS CURVE. 7.03 FEET THROUGH A CENTRAL ANGLE OF 0-S3'43" TO A POINT OF CCMPOUHO CURVATURE IN SAID SOUTHERLY LIME OF HAYMAR DRIVE; T«ENCE WESTERLY ALONG THE ARC OF A 1550 FOOT RADIUS CURVE CONCAVE SOUTHERLY THROUGH A CENTRAL ANGLf OF 13'40'OV. 3«9.73 FEET TO A POINT OF COMPOUND CURVATURE IN SAID SOUTHERLY LINE OF HAYMAR DRIVE; THENCE WESTERLY ALONG THE ARC OF A 750 FOOT RADIUS CURVE CONCAVE SOUTHERLY THROUGH A CENTRAL ANGLE OF 14-23-53". 138.47 FEE~ TO THE MOST NORTHEASTERLY CORNER OF PARCEL 2 AS SHOWN ON SAID PARCEL «AP NO. 4638; THENCE SOUTH 0'48'25" WEST. 625.18 FEET TO THE POINT OF BEGINNING. PARCEL B: (ASSESSOR'S PARCEL NO. T67-030-7t) THAT PORTION OF LOT 3 OF SECTION 32. TOWNSHIP n SOUTH. RANGE 4 WEST. SAN BERNARDINO BASE AND MERIDIAN. ACCORDING TO OFFICIAL PLAT THEREOF. BEING IN THE CITY OF CARLSBAD, COUNTY OF SAM DIEGO. STATE OF CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3. BEING AN ANGLE POINT IN THE BOUNDARY OF PARCEL 2 AS SHOWN ON PARCEL MAP NO. 487, FILED If) THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. KARCH 30. 1971; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 3. NORTH 89'2S'3S- EAST. 725.63 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY OF RANCHO ACUA HEDIONOA ACCORDING TO THE PARTITION MAP THEREOF MO. 823. FILED NOVEMBER 16, 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY: THENCE SOUTHERLY ALONG SAID BOUNDARY SOUTH 32'56'12" WEST. 554.02 FEET TO A POINT ON THE NORTHERLY LINE OF KARRON-'ROAD AS DESCRIBED IN DEED TO THE CITY OF CARLSBAD. RECORDED MAY 23, 1973 AS FILE/PAGE NO. 73-144269 OF OFFICIAL RECORDS: THENCE WESTERLY ALONG SAJD NORTHERLY LINE SOUTH 81*06'26- WEST. 437.03 FEET TO A POINT ON THE *ESTERLYXLINE OF SAID LOT 3; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 0"43'28" WEST. 525.95 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 3 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3. BEING AN ANGLE POINT IN THE BOUNDARY OF PARCEL 2 AS SHOWN ON PARCEL MAP NO. 487, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 30. 1971; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 3. NORTH 89'28'35"'EAST, 725.$3 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY OF RANCHO AQUA HEOIONOA ACCORDING TO THE PARTITION MAP THEREOF NO. 823. x FILED NOVEMBER 16. 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SAID POINT BEING THE TRUE POINT OF BEGINNING: THENCE SOUTHERLY ALONG SAID BOUNDARY SOUTH 32*55'12" WEST. 41.96 FEET: 7H6NCE LEAVING SAID RANCHO BOUNDARY SOUTH 89'28'3S" WEST. 194.48 FEET; THENCE NORTH 50*59'14" WEST, 54.98 FEET" TO A POINT ON SAID NORTHERLY LINE OF LOT 3: THENCE NORTH 89*28'35" EAST. 260.01 FEET TO THE TRUE POINT OF BEGINNING. 32-26-03 ;0:03 Prom-Lionel Sawyer * CclI ini 7023838845 T-4S9 P.018/019 F-022 't ANNEXE Definition of Financing Documents The "Financing Documents" shall mean the following documents and any terms used but not defined in this Annex II shall have the meaning given in the consent TO which this Annex D is attached. 1. Construction (Jstisna'a) Agreement ("Jstisna'a") between Key Islamic and Summit Construction, Inc., a Delaware corporation ("Summit Construction"). 2. Construction Arranger Acknowledgment and Consent Agreement among PWCX, Inc., a Nevada corporation ("Contractor"), Summit Construction, Key Islamic and the Partnership. 3. General Contractor Acknowledgment and Consent Agreement among Summit Construction, Contractor, Key Islamic, and the Partnership. 4. Agreement to Lease between Key Islamic and the Partnership. y 5. Finance Lease (Ijara) and Purchase Option Agreement between Key Islamic and the Partnership. 6. Schedule "X" Definitions; Rules of Usage and Interpretation, to be used in connecrion with this transaction and related documents ("Schedule X"). 7. Memorandum of Lease Agreement [Finance (Ijara} Lease] between Key Islamic and the Partnership. 8. Managing Contractor Agreement among Key Islamic, the Partnership, and Summit Construction ("Managing Contractor Agreement"). 9. Put Option Letter between Key Islamic and the Partnership. 10. Call Option Letter between Key Islamic and the Partnership. 11 United States Tax Matters Agreement among between Key Islamic, Summit Construction, and the Partnership. 12. '•• Environmental Indemnity Agreement given by Molasky, the Partnership, Pacific Properties and Development, LLC, a Nevada limited liability company ("PPD"), Lake Mead Horizon LLC, aNevada limited liability company ("LMH") and Summit Construction forthe benefit of Key Islamic. G:\USEX\EK.C\0576 '\0093\Consenls\C4rlsbadApu LLC Consent v4 SSD.wpd PageS 02-Z6-03 10:03 From-Lionil Sawysr A Col. ins 7023838845 T-4G8 P.019/019 F-OZi i 13. Amended and Restaied Base Purchase Price and Basic Rent Note given by the Partnership in favor of Key Islamic. 14. Amended and Restated Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing given by the Partnership in favor of Key Islamic. 15. Assignment of Leases and Rents given by the Partnership in favor of Key Islamic. 16. Assignment of Construction Documents between the Partnership and Key Islamic. 17. Payment and Performance Guaranty given by Molasky, PPD and LMH for the benefit of Key Islamic. 18. Performance and Completion Guaranty given by Molasky, the Partnership, PPD, LMH and Summit Construction for the benefit of Key Islamic. 19. Site Lease between the Partnership and Key Islamic, 20. Memorandum of Lease Agreement (Site Lease] between the Partnership and Key Islamic. 21. Conditional Assignment of Management Agreement between the Partnership, a to be determined apartment manager for the Project, and Key Islamic. 22. Transfer of Lien and Assignment of Original Project Documents giver, by KeyBankNational Association, a national banking association and MF Devco-Carlsbad, LLC, a Delaware limited liability company in favor of Key Islamic. 23. UCC Financing Statements delivered in connection with any of the Financing Documents, G:\USER\EKO057e n009J\Con«nisv.C*r1sb»<i A.p« UC Consent >4 SSD.wpd Page 6