HomeMy WebLinkAboutPUD 09-02; LIFE TECHNOLOGIES MASTER PLAN; Planned Unit Development - Non-Residential (PUD)CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
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□
□
□
□
□
□
□
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Administrative Permit
Administrative Variance
Coastal Development Permit
Conditional Use Permit
Condominium Permit
Environmental Impact Assessment
General Plan Amendment
Habitat Management Plan Permit
Hillside Development Permit
Local Coastal Program Amendment
Master Plan
Minor Conditional Use Permit
(FOR DEPT. USE ONLY)
□ t--------i
□ 1--------i □
□ 1-------1
□ 1-------1
□ 1-------1
□ ,__ ____ _,
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1--------i □
Planned Development Permit
Planned Industrial Permit
Planning Commission
Determination
Precise Development Plan
Redevelopment Permit
Site Development Plan
Special Use Permit
Specific Plan
Tentati•,e PaFGel Map
Obtain from Engineering Department
D Tentative Tract Map
1--------i D Variance
1-------1
(FOR DEPT. USE ONLY)
D Zone Change
1-------t
rvr o, ra ;J D List other applications not /2.-•'-~ Non-Residential Planned Development "C \JOv ,-0 l-s ecified ~--
--~~,i.--+a,f;l-<C=n::JJ-fXJ
2) ASSESSOR PARCEL NO(S).: l If -l~D -~1-00 ~ I -----ia....i~~..:....-4,.~~~-
3) PROJECT NAME: LtFe IE?Hf..lD1-0<41e-s ~ ~
4) BRIEF DESCRIPTION OF PROJECT: 6,[£ D/;,,IELDPd/Ei:N'C )tu.DJ,,,../Jl'Vq ~
All#$~ ~ Aoaeo ~)~ f?Mlt!f,JdJ A,.JIJ .:5J.IM.U2 6/ TE.,_,
5) OWNER NAME (Print or Type)
4fl.l
MAILING ADDRESS
!~£. ~!> Ave.v()f. .=;1)1 rE--'1.9'
CITY AND STATE ZIP .TELEPHONE
/3/., ~-l)J-1O0 ~ ',01,;/.5 .5JO -
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
SIGNATURE DATE
6) APPLICANT NAME (Print or Type)
NOTE: A PROPOSED PROJECT REQUIRING MULTIPL£APPLICATIONS BE FILED,'MUST BESUIIMITTED PRIOR TO3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUB"11TTED PRfOR TO 4:80 P.M.
Form 14 Rev. 03/08 PAGE 1 OF 4
7) BRIEF LEGAL DESCRIPTION
8) LOCATION OF PROJECT:
B.u.ec... / OF ~ JI-W >--lo. llfl+t; 1....arMe, Ctr'f Or
C,.w.u,b\-0,w,:,r-t of ~ Qtt<qo1 ~ c£ CAj fi, PD ltJ 111£-
0ff,{L of C,{X),.:)tt flltLotu:>U---,:-gpr: !21 lq'I!> 6Le-:#
51:BI V.Af.-f Av et--1 J..c.JA,v l'f4-'-o58ii'1-8
STREET ADDRESS
ONTHE i~~ I SIDE OF I VA!'-?.AtUMi-VM
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I lif.eA.QA-y ~E . AND I U)~£, bl-VO,
(NAME OF STREET) (NAME OF STREET)
9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO
INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO
ENTRY FOR THIS PURPOSE.
10) NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF
RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE
APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
Form 14 Rev. 03/08
JAN 2 6 2009 B +. ??ft'YI
CITY OF CARLSBAD
PLANNING DEPT
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
I 6u.JA-Ruiz.
PAGE 2 OF 4
•
\ .
• LAND US!. REVIEW APPLICATION
CITY OF GARLSBAD
RECEIVED
MAR f O 2009
CITY OF CARLSBAD
PLANNING DEPT
1) APPLICATIONS APPLIED FOR: (CHECK BOXES}
(FDR DEPT 11111.CIM.Vj fFOR Dl!PT IISEONLV)
□ Admlnlslralfve Permit □ Planned Development Pennll
P . Admlnlstralfve Vll1ance □ Planned Industrial Permit
□ Coastal Development Permit □ Plann;i~mmlsslon
Datenn on
□ Condltlon81 use Pennlt □ Ptaol$e Oewlopment Plan
D Condominium Permit □ Redevelopment Permit
□ Envfrorvnental Impact ~B88amenl
. □ Site Development Plan
□ -. -. □ General Plan Amendment Special Use PermH .
□ Hablfst Management Plan Pannlt □ Speclflo Plan
□ □ :fi9Rlatirl9 Pafflel Map Hlllslde Development Pennit Oblllln fiom !nglnllerllW Deputmant
D Local Coastal l'rogaun Amendment □ Tenlallve Tract Map
□ MIister Pian □ Variance
□ Minor Condltlonal I.Jae Permit □ ZoneCmlnge
jg Non-Reeklentlal Planned Dwelop,nent ·□ List olher appllcetlons not
-,..,. ...u,-~ '\
2) ASSESSOR PARCEL NO(S).: ~i,. .. 12-:>-~~-llO CRM,,-«1, ~ ,-L~r ::a.,,. .rj 2,1i-,ao-'\Gtl
Form 14 Rev. 03/08 PAGE 1 OF4
7) BRIEF LEGAL DESCRIPTION
8) LOCATION OF PROJECT:
STREET ADDRESS
ON THE I 6ot.rrfl 1 s1DE0Fj v~/4..,ru L-JAy
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I Fi,~
(N M OF STREET)
AND I C!oll1t.L 6, ,IQ•
(NAME OF STREET)
9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARO MEMBERS OR CITY COUNCIL MEMBERS TO
INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO
ENTRY FOR THIS PURPOSE.
10) NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF
RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE
APPLICANT. NOTICE OF RE rRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
~-~L-
FOR CITY USE ONLY
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Form 14 Rev. 03/08 PAGE20F4
. .
7)
8)
BRIEF tEGAL DESCRIPTION
LOCATION OF PROJECT:
ONTHE ,~
(NORTH, SOUTH, EAST, WEST)
BETWEEN ! 5.wwt"¥"Y Mt .
(NAME OF STREET}
SIDE OF I VAi--?~~
(NAM!! OF STREET)
ANO i t::o~£ &14.D.
(NAME OF STREl:TJ
9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW SOARD MEMBERS OR CITY COUNCIL MEMBERS TO
INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. IM'E CONSENT TO
ENTRY FOR THtS PURPOSE ,. ., .. .,
10) NOTICE Of RESTRICTION: PROPERTY OWNER ACKNOWI.EDGES AND CONSENTS TO A NOTICE OF
RESTRI BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE
APP I OF RESTRICTIONS RUN wrrH THE LANO AND BIND ANV SUCCESSORS ltJ INTEREST
FOR cm USE! ONL" [ ---·-,. -. -·-. ----·--· --"'j
I
Form 14 Rev 03/08 PAGE2 Of '1
6'z.ce<..-i of f'~ ,-..w >Jt>. 11'1 +l, ,u rff.-cr-rv or
7) BRIEF LEGAL DESCRIPTION
8) LOCATION OF PROJECT:
=,f;'''.: ':~~j~;:=~~ ff u,,0
519) VAt--\ Au..&M ~ET ADDRESS
ON THE I 'f-JD~:Tl\ I SIDE OF I YAM Au..6M k4eff
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I fA4A DJ.rl AND I PAUE-k \
(NAME OF STREET) (NAME OF STREET)
9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO
INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO
ENTRY FOR THIS PURPOSE.
10) NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF
RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE
APPLICANT NOTl9~ OF R STRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST ~ K)tK ~~ttt.e £..l.(!.
FOR CITY USE ONLY
DATE STAMP APPLICATION RECEIVED
RECEIVED BY.
Form 14 Rev. 03/08 PAGE 2 OF 4
-
Lo-rz.
5111 \JM) ~\-er-J \U~ [P«N: 2--\L-\3!J-4S-DO)
i OWNER r{~S,\/ --~L-'$ ~f\"Q.) U-C t/D w ~ Uth..YY1t\-{\f~-~ C. .
: Mailing/.lddreH /4-44 'H.-~-~~eblN~ 'BluD, S0tTt:: ~D
! ~~ I vJt\ __ Ott)J I._B 1
Phone Number ( ~ .... ) nnta> 4~~
I certify that I am the i..gal 0~1d ~ al ':°ii-i?ITT1o"/l,,a1io11 ,~ 1;.iES
and correct to the besl of my knowledge 7 Sig,._,.,,_
, I
-• City of .Carlsbad
IGH■eleilil,l;&J,LiilreldOi
DISCLOSURE STATEMENT
Appftcanfs statement or dl&cloaure of certain ownership Interests on aa applications which will require
discretionary action on the part of the City CouncU or an ap olnted Board, Commfaalon or Committee.
The following Information IWII be disclosed at the time of appftcallon submittal. Your project cannot be
reviewed llltll this information fs completed. Please print.
1. APPLICANT (Not the appffcant's agant)
f'rovlde the COIIPLETE, LEGAL namea and addresses of ALL. persona having a flnancfel Interest
In the appHcatlon. If the appllcant Includes a COfl?PCIVgn or partnerJhkJ. Include the names, tlle,
addreues of aU indlviduals owning more than 10% of the aharee. IF NO INDIVIDUALS OWN MORE
THAN 10% OF 11-E SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE
BELON. If a publdy-ow[)ld W99'lltoo Include the names, tltlel, and addreeses of the corporate
offlc:era. (A...,.,.. page may be altllched tf netet1ury.)
Person________ CorplPart Litt-1e4ut!1!)1ts
TIie__________ TNle ___________ _
Addrwl._______ Addrn& tz111 Yhl M\.tVJ }Vtt1 1 l'A<lr~trd J ((\ 11.1X)fj
2. ()ff.I-{Not the ownar'• .-nQ
Provide the c;r:m, I"" namee and addrlllll "jl.l. penM>rlS having any ownerahip,
lnttnet In the property lrWOMld. Allo, provide the natln of ... legal owner.hip {i.e, pertnanhlp,
lenllnt9 In common, non-praffl, corporation, etc.). If the owneNhlp Includes a corpqraipn or
MVWahjp, Include the names, title, addreNea of all lndvldullla awning more than 10% rA the
.,,._, IF NO JNDMDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE
NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publcly-ow,wd cq,poration. Include the
names, titles, and addresses of the corporate officers. (A aeparate page may be attached If
necessary.)
Person ________ _
Title _________ _
Corp/Part bf'-JiJin,l"j~tc,
Tltle. ___________ _
Addrels ________ _ Address · t;'1 j I '{a,1 AlleV\ w, J
C lskltto{ . C /\-4 7-A> o 8
1835 Famlay Avenue • Carllbllcl, CA 9'2008-7314 • (780) 602-4800 • FAX (780) 802•8559 • www.cl.carllbad,ca.us @
C
3. NON-PROFIT ORGANIZATION OR TRUST
If any person Identified pursuant to (1) or (2) above Is a nonprofit organization or a trult. 11st the
names and addresses of m person servfng u an officer or director of the no~oflt
organization or as trustee or beneficiary of the.
Non ProfiVTrust________ Non Profit/Trust._ ______ _
Tlfle__________ TltJe __________ _
Address._________ Addrea•~---------
4. Have you had more than $500 worth of busfness transacted with any member of City staff,
Boards, Commlsatona, Committees and/or Cauncl within the past twelve (12) months?
0 Yes O No If yes, please Indicate person(a):. ________ _
NOTE: Attach addltlanal sheets If neceaaary.
I certify that al the above Information Is true and correct to the bast of my knowledge.
of owner/date
'So~ w. ~e..u.,,J,~,:n.
L...· ~,t ,. ~ek--to!iif' s l5;;r f'i'°'-~
Print or type name of owner
Sig appllcantldllte
:Jos.¥ .,J. ~ e.~,>ie , :r,.
t..,-'c..: nt"'~•es ls>rr,r--~
Print or type name of applicant
Slgnakn of awn.Japplk:ant'a agent If ...,,..,..,_e
Print or type rwne of owner/appllcanl'a agent
H:AE!MltreOUNTEmDISCLOSURE STATEMENT 12/08 Page2of2
C
Gregory T. Lucier*
Mark P. Stevenson*
David F. Hoffmeister*
Nicolas M. Barthelemy*
Joseph C. Beery*
Bernd Brust*
John A. Cottingham*
Peter M. Dansky*
Paul D. Grossman, Ph.D.*
Laura Lauman•
Peter M. Leddy, Ph.D.*
John L. Miller*
Mark O'Donnell*
Kelli A. Richard*
Joseph W. Secondine, Jr.
David H. Smith
Chairman and Chief Executive Officer
President and Chief Operating Officer
Chief Financial Officer and Senior Vice President
President, Cell Systems
Senior Vice President, Chief Information Officer
President, Commercial Operations
Chief Legal Officer
President, Molecular Biology Systems
Senior Vice President, Strategy & Corporate
Development
President, Mass Spectrometry
Senior Vice President, Global Human Resources
President, Genetic Systems
Senior Vice President, O,lobal Operations &
Services
Chief Accounting Officer
Associate General Counsel and Assistant
Secretary
Vice President, Treasury and Tax
. ...
____ C~~i...;t;;;..y..,__-'o;;.......;fllllPilclllOll!ielf1111,f111m!a,8
1,11w1b11,1;;1fil1·11Pn1;
DISCLOSURE STATEMENT
Appllcant's etatement or disclosure of Qertafn ownership Interests on all appffcatlons which wm reqUire
discretionary action on the rt of the Cl Councll or an a · d Board, Commlsefon or Commlltee.
The following Information l!'W§I be dlsdosad at the lime of appftcatlon submittal. Your project cannot be
reviewed until this lnformaUon fs completed. Please print.
Nqte:: . :,·,,.= · .. ,c;,. ···-~•-...... _ ... :/.· ·-.•i _.-_;_.._ ·.,· i_,·· ..• ···:r.i ··, '· .. • .•. ,. -~.-.-. · p . ,.. . .. ..... . . "di,it.ii·;:;i:~ ., · ,,1:···, · • . . .... ".,.., .. ~,r···-~k!J,~llb-rtalQmaJof ~op-
. '1'--., ,~~•~, · m ;··,..in~"W''i:Jtf mtinl~Wt" g~lrbt Di.
'.,:~,JJ . -~,t~r.p1J~,~ l~r-~-~~-_·-_..r,:. . =. . -y, ...
I ., ;' • "' •: • •, • • .,!•• • • ;' ,:.; • ~ ,., ' • • •. : o • •• •' '• • '\ ' ,' •
A. ,~~fut id~~~'d;ii,:~;;.1•-li·~-iti•1i~1-n···:·e·id•j{jJtfof'ihe .. ~t anti . any owner must be p~i:teij'fl~~--<•:,,r.:;:'!"''Y-';':.':'. ,,«t,-•,,_!: •. ·_•.·,. ~,-· I).. ,.n ... l .•. ap •.. , prop
1. APPLICANT (Not the eppUcanrs agent) . .
Provide the COIIPl,ETE, LEGAL names and addraases of ALb persons having a flnanclal Interest
In the applcMlon. If the applicant lncludae a cgrporallon gr partnership, lnalude the names, tlle,
addreeeee of all indJvlduale PWnfng more than 10% or the shares. If NO INOMDUALS ONN MORE
. THAN 10% OF THE SHARE$, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE
BELOW. If a pybllljly::Pll[)ld 90fP9'fl9!! Include the names, lfflas, and addre88es of the corporate
offlcera. }Laeparale page may be allached If ~aary:)
. Peraon ~ .__j 1 ~ Corp/Part life' ::ft:i:t:t'b.X)lJ){?J5,
TIiie &feo,L ~ (,.cyca) TNle _____ --:--------r--
Addren "" \ '/0&1 el.,k> W&j Addrn& 5::ZC, I \WsW hl\1,N l t:hy
2. OWNER (Not lhe owner'a aganl)
Provide the COIIPl,IT£, • pe, . nwnes and addrenes of AU. perlOllS having any ownership
lntareet In the property Involved. Aleo, provide the nature of the legal ownerwhip 0,e, partnerahlp,
tenanla In common. nan-profit, corporation, etc.). If the owner8hlp lndudea a cp,pcgllpn or
Dfl'1nlrltip, Jnclude Iha names, ■le, addrenas cf all indivfduala awning more than 10% d Ile
..-... IF NO INOMOUALS OWN MORE THAN 10% OF 11-tE SHAAES, PLEASE INDICATE
NON-APPLICABLE (NIA) IN THE SPACE BELOW. If El publlcJY:owned corpordoo, fnclUcie the
neme&, titles, and addresses of the corporate officara. (A separate page may be attached If
necesea~ry.) 71 tu l!o~,..) -s~ ~c.t+ t::"O L-l ,,,-
Person,_~-------Corp/Part t}Ftffi"-) CAer:rN..:~ff\1\t>tJ
Title 2! TIiie A$.(;€f' (h &L-
:S .J.~I ~\
Addre88._______ Address~ ~ b),E5J 5+~
~ se-q\Jt-n) I CA-qp;~
1113!5 Ftuaday AYIIIIIIII • 0artllllld, CA 92008-731◄ • (7611) 602-4800 • FAX (7t!OJ 802-8588 • www.cl.c:arllblld,ca.us •
. . . ,.
3. NON~PROFIT ORGANIZATION OR TRUST
If any person ldenllfled pursuant to (1) or (2) above Is a-nonprofit omanlzatlon or a trust, llit lhe
names and addresses of MY person serving as an officer or dlraotor of the non-profit
OJgam:atlon or as trustee or beneflolary of the.
Non Proflvrruat _______ _ Non ProfltJTrus._ ______ _
Title...._ ________ _ Tille ____________ _
Addma ...... _______ _ Address. _________ _
Have you had more than $500 worth of bualnen transacted with any member of City staff,
Boards, Commissions, Commlftees and/or Council wlthk'I the pasl twelve (12} months?
D Yes ~o If yes, plea&e l~oate person{s): _________ _
NOTE: Attach adcltlonal lheate If ne0B68ary.
I certify that all the above Information Is true and correat lo lhe beat of my knowladge.
~ Slgnattre of owner/date
Print or type name of owner Print or e name or ~nt
LJ~~LQS1t,&
--7 ~i1J~~~~~iiiirss.iagen1iiiniiJr~apploableldateiDioiiiiieidi
or or ownar/applJoant'e agent
H:ADMINICOUNTER\DISCl,OSURE STATEMl!NT 1~6 Pa9e20t2
o f
DiSCLOSURE STATEMENT
Applicant's statement or disclosure of certain ow·nership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot be
reviewed until this information is completed. Please print.
Note: . . · · .
P_El~2,ijJ~:~~rtri~~A~,~6ri;, ,t9,~!9,~~lj; nrm ;;,c.~µ,~rtfle~..,~iP/t9i.n.t,Y,ti1Jt~t~.l\~S.~~9ia.tl.~r/}f.O.C[?I, ,cl~~. frater,:ial orga~i2;~tion i din1f·~J,r~~r;~~,i\1~6~: 8fi~~,i~::r-:,~~tii:br J~i~R.~;6.~~t~t~~u~i~ify,. a11d .coynly!: city mtJnlclpality, d1stnct or
Age~·foaY. i;~;,'i~ls~tjoCOrne_nt(hqW:e~er, )H~~1eti~1 na.~e ·~nd: eriJi;·.of ihe applicant and property owner must be provider;! ®IOW. -. . . . ,,_ ... ,, ·: . . . . . .. : ---.
1 . APPLICANT {Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial Interest
in the application. If the applicant includes a corporation or partnership. include the names, title,
addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON~APPLICABLE (NIA) IN THE SPACE
BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate
officers. Jf separate page may be attached if necessary.}
P~raon~.,2_ ~1..j Corp/Part~ \tt:_J!NJ l!l.6_j_!;$_
Title A':>!/e'h-!k ~4£.0 · Title____ __
Address_5..J!i0ltt..~lliJJJ1,_. Address 61~ ~ID-~
0 ER (Not the owner's agent}
PrQvide the CO ?LETIE, LEG.Ab names and addresses of ALL persons having any ownership
interest in the property involved Also, provide the nature of the legal ownership (1 e, partnership,
tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or
partnership. include the names, title, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 1Q&/o OF THE SHARES, PLEASE INDICATE
NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the
names, titles, and addresses of the. corporate officers. (A separate page ma~, be attached if
necessary.)
Person_,
Title___ • -I?;
Address
Corp/Part~~~~~~-
itle ___ \_~_a,a_e___,g,.__
Address "\-44 \:l • t. ~~~ E\'0.D ~ ~'01)
~:T]L=E-LUh qBl\S
tA}..N/l?,1s,.l,L Q.4,..1\lc..lJAO L. \.~ .. 'fc:,i,}l(Bl' <: :VcN fJ If Y 56 ta/,.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FA)( (760) 602-6559 • www.ci.car~ @
"'-1 le S L\ 1" H-Pt\ A-r~ .,_ S ~/b
~ ~ Fk. 'tNN :>..sc¥o
3.
74.
NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of A!£!.. person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profitrrrust.________ Non Profit/Trust,__ _______ _
Title___________ Title ____________ _
Address _________ _ Address ___________ _
Have you had more than $500 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and[or Council within the past twelve (12} months?
0 Yes 00 No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge. ~~~l'JI);.:~
Sign~owner/date Sig
Print or type name of owner
Joxrh \i~. '3-e:eo\'\.til•n-(__l s:_\v ..
Print or type name of applicant
L-l ~-retltNDLObi 6S
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:A0MIN\COUNTERIDISCLOSURE STATEMENT 12/06 Page 2 of2
. I ' I '
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
Consultation Of Lists of Sites Related To Hazardous Wastes
(Certification of Compliance with Government Code Section 6S962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous
Wastes and Substances Sites List compiled by the California EnviroM1ental Protection Agency and
hereby certify that (check one):
JgJ The development project and any ahematives proposed in this application are not contained on
the lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application m contained on the
lists compiled pursuaet to Section 6S962.S of the State Government Code.
APPLICANT
Name: lli.M,.V~t Aeat.11:@
Address: (1,2{,2 (41£6.?Wl(:;d 0....Jt..
~,':>Ut/Q 04 ".1'2.1t1 dt-'1o
Phone Number: e,£;RJ ~ il~Q
Address of Site: VJ.C4tc: Lor
PROPERTY OWNER Joseph w. )fl'.o'l'~i1te~r
Name:.--1-{Pu:-+---++---j, -~-L-++-~-•
Address: ___ h_1;_1"--I ____._t1 .......... ;.....,.i.Jl ...::~:..u...>-....:i.....:...:...,'+---
Cl,lr \~ loit~ (IA q 2--06 3
Phone N11mber: 7 b'b I..\ '1 b b L J 0
Local Apncy (City and County)· C1.A, Lfi?t.H\A: J)e.pi:. ,J ~14:: :7:ht-L..:'IR ~\
Auessor's book, page, and parcel number: 1/.11. -( t:O -◄9 -OD· f&.et+c e:,')
Specify list(s): _________________________ _
Regulatory Identification Number: ____________________ _
Date of List: __________________________ _
Admlw/Countcr/HuWasic
' ' . '
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
Consultation Of Lists of Sites Related To Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
PW'SllBllt to State of California Oovemmenl Code Section 65962.S, l have CODSUlted the Hazardous
Wastes and Substances Sites List compiled by-the California Bnvironmentid Protection Agency and
hereby certify that (check-yne): · -.
(S The development project and any alternatives propo1ed in this application 8!!.!l!l contained 011
the lists complied pursuant to Section 6S962.S oftbe Slate Oovermnent Code.
0 The development project and any nJtcmatives proposed in this application m contained on the
lists compiled pursuant 10 Section 65962.S of the Slate Govcmment Code.
APPLICANT PROPERTY OWNER
Name:_l.-lcw ....,._ hcAt,oaa Name: h.o!_,mt-:,1 Ct~{?i1N-.~~JO~ ---.:r,~, ~~ ~ \
Address: loWi {:\ldif».:>w,u\ :Q.&.J4,. Arldrea&. ~-tt:t ~ ,S\.-.qu
.:>e DUr:P CA-'!£14.21. 6lt:. ~10 ... ·--~ ~~ .. -~ qo._2..'t,5
1'11tllle"Numb11~ 1~~ n~ Phont-Numbei (~0) 1~1-3';I t,8 ~OG:,-S°'iOl:>
Address of Sile. ~9.l ~~ ~ ·. __ . _
I neal Agenc~ Wlh• and Cntinty): &J,_~.1.A ~~ ]~~ ~
Aeossor's book, f>1181, Dlld paroel number: ~:1. • l bC) • ~+-co (PAfl.U;.c,., ') .
Specify llst(1): -··------· ----·-·
Regulatol'.l' ldenlincntion Number.
Oarcofl.ist: _______________________ ..... _. _____ ,. ___ _
~1-11-l<.~td'---U,J.o,,£_1;.;__ .. __..;c~~h,,4:IIIIJ#ll:'bf...,_-,,~ ----
Applicant SiS11BhlrelDate 1 P~ture/Dati:
AdmiafC'D1111lrf/lftt\Vllle A ~f,.sf'1)
' . .
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
Consultation Of Lists of Sites Related To Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous
Wastes and Substances Sites List compiled by the California Environmental Protection Agency and
hereby certify that (check 9ne):
r-x< JQJ. The development project and any alternatives proposed in this application are not contained on
the lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application ill contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name: l:dcJULAr?t--ktc.kh~~ M~~ ~€>1\D, u.c..
Name: 9fa LQ:f'-S Utj:UYW\:tv Sf: ~C •
Address: u:J{p'?~~IC+f Wt.-:-Address:4-44 'i:f .6. ¥-k-YWN* Bh.JO, ~ ~
~ Llf'tq:O CA '{!Jji'L, ~110
~1LE:"/ LJJ-b '1BILS
Phone Number: l8s1:.?: 1s2 11 SD Phone Number: ___________ _
Address of Site: 5tS\ VA1--t ~ ~
Local Agency (City and County): C#J~o i21-t t,4. . -DE?Pr l; F' -1/:-y., 1.t:-, .. ;5.g.d,4·s-5c.t::. C!o~
Assessor's book, page, and parcel number: ~I 'l · l ~D -1~" D O (°Pi\J:-(,fl < Z. J
Specify list(s):, ____________________________ _
Regulatory Identification Number: ______________ . ________ _
Date of List: -----------------------------
_A.!.~.=pl~ic==nn::!t:..1rc::::ig=n=atu:.1rf-e/4D..J~c...!te,_...,l51:!===~..,_,:,.:J.f!~l:.:'t.;!./ot~-~ro~
Y-t,aq~~ Admin/Counter/Haz\Vostc
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
Consultation Of Lists of Sites Related To Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous
Wastes and Substances Sites List compiled by the California Environmental Protection Agency and
hereby certify that (check one):
~ The development project and any alternatives proposed in this application are not contained on
the lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application m contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PRO~ERTY OWNER
Name: l:dcJi,' Ar?!t-l.o.cJihfP4t!i. Name: _____________ _
Address: Co!?( Q?;?(4&t:fl,>Jdl{Af 'wt-:: Address: ___________ _
~ Dt$> CA q!lJt'L-~110 _________ _
Phone Number: t:fb 1S~ 1 l SD Phone Number: ___________ _
AddressofSite: 518\ VAt::t Atu;.M j_.. W{
Local Agency (City and County): Ut'Jfo 12W IA. -D1:pr oF-lf x 1~ _ ~.sf~rSc:.e:..· (1~
Assessor's book, page, and parcel number: fl 1 -I t,Q -44-DO ·
Specify list(s): ____________________________ _
Regulatory Identification Number:. ______________________ _
Date of List: ____________________________ _
Applicant Signature/Date
Admin/Countcr/HazWastc
Property Owner Signature/Date
RECl;1VEO
J
tJ~Q 1 0 2009
INSTRUCTION SHEET FOR FILLING OUTCITY OF CARLSBAD
PLANNING DEPT
ENVIRONMENTAL INFORMATION FORM
This Environmental Information Form will be used to assist staff in determining what type of
environmental documentation (i.e., Environmental Impact Report, Mitigated Negative
Declaration, Negative Declaration or Exemption) will be required to be prepared for your
application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's
Municipal Code. The cfarity and accuracy_of the information you provide is critical for purposes
of quickly determining the specific environmental effects of your project.
Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are
necessary to substantiate a "no impact" or ''yes impact" determination should be submitted
as an attachment to this Environmental Information Form. This is especially important
when a Negative Declaration is being sought. The more information provided in this form, the
easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -
Initial Study.
H:Admin/Template/EIA Information Form
ENVIRONMENTAL INFORMATION FORM
{To be Completed by Applicant)
Date Filed: ____________ (To be completed by City)
Application Number(s): __ ~_O_D_~_-_0..;../J ___________________ _
General Information
1. Nameofproject: Wf1::. \~DL.Ottll:6 ~1"i@-. 'PIJo.J
2. Name of developer or project sponsor: J } N Vffl<()~ Cbt'ZPO,~N
Address: 5-:f-61 lt .519 l v~ Mlia-? b½:Y.
City, State, Zip Code: ~~ • DA ~Qoof) I
Phone Number: _________________________ _
3. Name of person to be contacted concerning this project: b.Ji?At __ 't--/e,~
Address: uala IJ~H41-'O.JJ½ :;:oa-k. 140
City, State, Zip Code: -~ Lltl'fJ?.. CJ: C\1.f 'l,fl---: I
Phone Number: f;f;::lb 1?.2 l \ ~
4. Address of Project: sj-01 \()....) All~ 5j.ql v~Mlfi:j 4 ~ert Lor--{P~A)
I
Assessor's Parcel Number: ~1'2.-1?20•44 / 2J'l,.,-J3() -4~ '1 ~/1_ -loC>J 4'1
5. List and describe any other related permits and other public approvals required for this project, including
those required by city, regional, state and federal agencies:
6. Existing General Plan Land Use Designation: Pl. ~f:o JrJ~M.-1
7. Existing zoning district: C, -1-,,{ HE-My C!.oma,~LAIA-c , I
8. Existing land use(s): {j,11,UdfW /4.s,A(U,l,I ~T?L , 'p,~Pt(:. P~ .:SP JBbe,,
9. Proposed use of site (Project for which this form is filed): f!IAE-AIJU d C;t,Jt:,(..{)t?-{f,~r
Project Description v~ Lbr 8tu~A :.381 i"t'lsf"
Site size: 5tB/ V.4JA-Jk,._, ~: J, 'l.J§8D1,.6P', S¥JJ ~Au-.,,J~: £4/, f'/161' 10.
11.
12:
13.
,
Proposed Building square footage: .BiJJ{,DJ...:;,' Al£ ALL. £,)qS.n"¾
Number of floors of construction: --L.1--{-¥--/AL......__ ________________ _
Amount of off-street parking provided: __
2
02/22/06
14. Associated projects: _____________________________ _
15. If residential, include the number of units and schedule of unit sizes: ........,,w.._,..L..,,'.A~----------,
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales
area, and loading facilities: ____________________________ _
17. If industrial, indicate type, estimated employment per shift, and loading facilities: ________ _
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading
facilities, and community benefits to be derived from the project: bl/ A -.... 11,,..--~-----------
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly
why the application is required: ➔bl ....... /)'#~~~------------------------
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional
sheets as necessary).
20.
Yes
Change in existing features of any bays, tidelands, beaches, or hills, or D
substantial alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public
lands or roads.
22. Change in pattern, scale or character of general area of project.
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity.
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity.
3
□
□
□
□
□
□
Jg
~
~
8r
~
%
02/22/06
26.
28.
29.
30.
31.
Site on filled land or on slope of IO percent or more.
Use or disposal of potentially hazardous materials, such as toxic
substances, flammables or explosives.
Substantial change in demand for municipal services (police, fire, water,
sewage, etc.).
Substantially increase fossil fuel consumption (electricity, oil, natural gas,
etc.).
Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
Yes No □ lXI
□ ~
32. Describe the project site as it exists before the project, including information on topography, soil stability,
plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the
site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be
accepted.
33. Describe the surrounding properties, including information on plants and animals and any cultural,
historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land
use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height,
frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will
be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and information
required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented
are true and correct to the best of my knowledge and belief.
Signature: --
For:
4
02/22/06
...
I INSTRUCTIONS:
This questionnaire must be completed by applicant in advance of submitting for a development
application (subdivision and land use planning approvals and construction permits). The results of the
questionnaire determine the level Qf storm water pollution prevention standards applied to a proposed
development or redevelopment project. Many aspects of project site design are dependent upon the
storm water pollution protection standards applied to a project. ·
Applicant responses to the questionnaire represent an initial assessment of the proposed project
conditions and impacts. City staff has responsibility for making the final assessment after submission
of the development application. A staff determination that the development application is subject to
more stringent storm water standards, than initially assessed by the applicant, will result in the return
of the development application as incomptete. --If applicants are unsure about the meaning of a question or need help in determining how to respond
to one or more of the questions, they are advised to seek assistance from Engineering Department
Development Services staff.
A separate completed and signed questionnaire must be submitted for each new development
application submission. Only one completed and signed questionnaire is required when multiple
development applications for the same project are submitted concurrently. In addition to this
questionnaire, applicants for construction permits must also complete, sign and submit a Construction
Activity Storm Water Standards Questionnaire.
· To address pollutants that may be generated from new development, the City requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best
Management Practices {BMPs) into the project design, which are described in Section 2 of the City's
Storm Water Standards Manual This questionnaire should be used to categorize new development
and significant redevelopment projects as priority or non-priority, to determine what level of storm
water standards are required or if the project is exempt.
I 1. Is your project a significant redevelopment?
Definition: ·
Signi'ficant redevelopment is defined as the creation or addition of at least 5,000 square feet of impervious
surface on an already developed site.
Slgni'ficant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or
replacement of a structure; structural development including an increase in gross floor area and/or exterior
construction remodeling; replacement of an impervious surface that is not part of a routine maintenance activity;
and land disturbing activities related with structural orimpervious surfaces. Replacement of impervious surfaces
includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed,
exposing underlying soil during construction.
Note: If the Significant Redevelopment results in an increase of less than fifty percent of the impervious surfaces
of a previously existing development, and the existing development was not subject to SUSMP requirements,
the numeric sizing criteria discussed in Section F.1.b. (2)(c) applies only to the addition, and not to the entire
development.
2. If your project IS considered significant redevelopment, then please skip Section 1 and proceed with Section
2.
3. If your project IS NOT considered significant redevelopment, then please proceed to Section 1.
I SECTION 1
NEW DEVELOPMENT
PRIORITY PROJECT TYPE YES NO Does you project meet one or more of the following criteria:
1. Home subdivision of 100 units or more.
Includes SFD, MFD, Condominium anq Apartments
2. Residential development of 10 units or more.
Includes SFD, MFD, Cendominium and Apartments
3. Commercial and industrial development g_reater than 100,000 sg_uare feet including_ Qarking_ areas.
Any development on private land that is not for heavy industrial or residential uses. Exampl~: Hospitals,
Hotels, Recreational Facilities, Shopping Malls, etc.
4. Heaw Industrial I Industry g_reater than 1 acre (NEED SIC CODES FOR PERMIT BUSINESS TYPES)
SIC codes 5013, 5014;-5541, 7532-7534, and 7536-7539
5. Automotive repair shop.
SIC codes 5013, 5014, 5541, 7532-7534, and 7536-7539
6. A New Restaurant where the land area of development is 5,000 square feet or more including_ parking_
areas.
SIC code 5812
7. Hillside development
(1) greater than 5,000 square feet of impervious surface area and (2) development will grade on any
natural slooe that is 25% or areater
8. Environmentally Sensitive Area (ESA).
Impervious surface of 2,500 square feet or more located within, "directly adjacent"2 to (within 200 feet),
or "discharaina directly to"3 receivina water within the ESA 1
9. Parking_ lot. X Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban
runoff
10. Retail Gasoline Outlets -serving_ more than 100 vehicles per da'i
Serving more than 100 vehicles per day and greater than 5,000 square feet
11. Streets, roads, highways, andli"eeways.
Project would create a new paved surface that is 5,000 square feet or greater.
12. Coastal Development Zone.
Within 200 feet of the Pacific Ocean and (1) creates more than 2500 square feet of impermeable
surface or (2) increases impenneable surface on prooertv by more than 10%.
1 Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies;
areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality
Control Plan for the San Diego Ba.sin (1994) and amendments); water bodies designated with the RABf:: beneficial use by
the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments);
areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and Count
of San Diego; and any other equivalent environmentalJy sensitive areas which have been identified by the Copennittees.
2 "Directly adjacenr means situated within 200 feet of the environmentally sensitive area.
3 "Discharging directly to• means outflow from a drainage conveyance system that is composed entirely of flows from the
subject development or redevelopment site, and not commingled with flow from adjacent lands.
Section 1 Results:
If you answered YES to ANY of the questions above you have a PRIORITY project and PRIORITY project requirements DO
apply. A Storm Water Management Plan, prepared in accordance with City Storm Water Standards, must be submitted at
time of application. Please check the "MEETS PRIORITY REQUIREMENTS" box in Section 3.
If you answered NO to ALL of the questions. above, then you are a NON-PRIORITY project and STANDARD requirements
apply. Please check the "DOES NOT MEET PRIORITY Requirements• box in Section 3.
l SECTION 2
SIGNIFICANT REDEVELOPMENT: YES NO
1. Is the project an addition to an existing priority project type? (Priority projects are defined in Section 1) X
If you answered YES, please proceed to question 2. •,
If you answered NO, then you ARE NOT a significant redevelopment and you ARE NOT subject to PRIORITY project
requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements• box in
Section 3 below.
2. Is the project one of the following:
a. Trenching and resurfacing associa_ted with utility work? X
b. Resurfacing and reconfiguring surface parking lots? X
C. New sidewalk cons_!ruction, pedestrian ra!llps, or bike land on public and/or private existing roads? X
-d. Replacement of damaged pavement? X
If you answered NO to ALL of the questions, then proceed to Question 3.
If you answered YES to ONE OR MORE of the questions then you ARE NOT a significant redevelopment and you ARE NOT
subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET
PRIORITY Reauirements• box in Section 3 below.
3. Will the development create or add at least 5,000 square feet of impervious surfaces on an existing
development or, be located within 200 feet of the Pacific Ocean and (1)create more than 2500 square X
feet of impermeable surface or (2) increases impermeable surface on property by more than 10%?
If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY project requirements.
Please check the "MEETS PRIORITY REQUIREMENTS" box in Section 3 -below.
If you answered NO, you ARE NOT a significant redevelopment, and you ARE NOT subject to PRIORITY project
requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements• box in
Section 3 below.
I SECTION3
Questionnaire Results:
)( MY PROJECT MEETS PRJbRITY REQUIREMENTS, MUST COMPLY WITH PRIORITY PROJECT
STANDARDS AND MUST PREPARE A STORM WATER MANAGEMENT PLAN FOR SUBMITTAL AT
TIME OF APPLICATION.
□ MY PROJECT DOES NOT MEET PRIORITY REQUIREMENTS AND MUST ONLY COMPLY WITH
STANDARD STORM WATER REQUIREMENTS.
Applicant Information and Signature Box
This Box for City Use Only
Address: Assessor Parcel Number(s):
City Concurrence: Yess No
By:
Date:
. Project ID:
J4e
To:
From:
City of Carlsbad
Planning Department
Hope Spadora
Vice-President, Global Facilities & Real Estate
Life Technologies
5781 Van Allen Way
Carlsbad, California 92008
MEMORANDUM OF UNDERSTANDING
Project Name:
Date:
RE:
Life T echnolog,es
Non-Residential Planned
Unit Development Permi1
January 6, 2009
Common lnteres1 in
Life Technologies
At the request of the City of Carlsbad, this Memorandum of Understanding is to provide documentation that the
property owners of Lot l, 5781 Van Allen Way, Griffin Capitol Corporation; Lot 2, 5791 Van Allen Way, Mormisk
Carlsbad, LLC; and Lots 3 & 4, Life Technologies; have a common interest in Life Technologies.
This interest is limited to leasehold agreements between the parties. Life Technologies leases Lot l, 5781 Von
Allen Way from Griffin Capital Corporation, and leases Lot 2, 5791 Von Allen Way from Marorisk Carlsbad, LLC
Life Technologies owns Lots 3 & 4 outright. See the attached Site Plan for contact information, Assessor Parcel
Numbers, and Legal Descriptions.
Title: Vice President, Global Facilities & Real Estate
Company: Life Technologies
5781 Van Allen Way
Carlsbad, California 92008
Name:
Title:
Company: Griffin Capital Corporation
2321 Rosecrans Avenue, Suite 3290
El Segundo, California 90245
N~'
Title: ~JOl.~
Company: Mara~isC~;rlsbad, LLC
c/o Wes Uhlman & Associates
444 N.E. Ravenna Boulevard, Suite 400
Seattle, Washington 98115
RECEIVED
MAR 1 0 2009
CITY OF CARLSBAD
PLANNING DEPT
To:
From:
City of Carlsbad
Planning Department
Hope Spodoro
Vic~•Presldent, Global Focililles & Real Estate
Ufe T ec;hnologies
5781 Von Allen Woy
Carlsbad, California 92008
MEMORANDUM OF UNDERSTANDING
Project Nome: Life Technologies
Non-Residential Planned
Unit Development Permll
Dote; . January 6, 2009
RE: · Common Interest in
Life T edmologies
At the request of the Qty of Carlsbad, this Memorandum of Unde~londing is lo provide documentation that the
property owners of lot 1, 5781 Von Allen Woy, Griffin Capitol Corporation; Lot 2, 5791 Van Allen Woy, Morori5k
Carlsbad, LLC; and lots 3 & 4, Ufa Technologies; hove o common interest in Ufe Technologies.
This interest Is limited to leasehold agreements between the parties. Life Technologies leases Lot 1, 5781 Van
Allen Woy from Griffin Capitol Corporotion, ond leases Lot 2, 5791 Von Allen Way from Morarisk Carlsbad, LLC.
life Technologies owns Lots 3 & 4 outright. See the attached Sile Pion for contact information, Assessor Parcel
Numbers, and legal Descriptions.
~-Ora--:::::::::-....,-,_
Title: Vice President, Global Facilities & Real Estate
Company: Life Technologies
Name:
Title:
5781 Von Allen Woy
Carlsbad, Colifomio 92008
-G · ,n apilol orporolion, ~ A6 €...>t
2321 Rosecrans Avenue, Suite 3290
El Segundo, California 90245
Company: Mararisk Carlsbad, LLC
c/o Wes Uhlman & Associates
444 N.E. Rovenn·o Boulevard, Suite 400
Seattle, Woshlngton 98 l l 5
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: Litt-TUf',t-:>ot,.o'3tl4 HJ61ti-PL.6:!:?
APPLICANT NAME: l:dcf"AO,,LAr:,?f_ kc,.;,IiCc-0
Please describe fully the proposed project by application type. Include any details
necessary to adequately explain the scope and/or operation of the proposed project.
You may also include any background information and supporting statements regarding
the reasons for, or appropriateness of, the application. Use an addendum sheet if
necessary.
Description/Explanation:
PROJECT DESCRIPTION
I. MODIFICATIONS TO EXISTING DRIVEWAY
ENTRY TO LOT 2, 5791 VANALLEN WAY FROM
FARADAY AVE.
2. CONSTRUCTION OF NEW DRIVEWAY &
ADDITIONAL PARKING STALLS BETWEEN LOT 2,
5791 VANALLENWAY&LOT I, 5781 VAN
ALLEN WAY, AND SITE RETAINING WALL.
3. CONSTRUCTION OF NEW LANDSCAPE
ISLANDS AND STRIPPING OF PARKING STALLS
ON NORTH SIDE OF BUILDING ON LOT I, 5781
VAN ALLEN WAY.
4. CONSTRUCTION OF NEW PARKING STALLS
AND LANDSCAPE ISLANDS ON THE SOUTHERN
PORTION OF LOT I, 5781 VAN ALLEN WAY &
THE NORTHERN PORTION OF LOT 4.
5. ESTABLISH SHARED PARKING, SHARED
ACCESS, AND SHARED MAINTENANCE
AGREEMENTS BETWEEN ALL /4) LOTS.
Project Description 10/96 Page 1 of 1
~-· T. I C :) Ln1cago 1t e ompany
Commercial/Industrial Division,
700 South Flower, Suite 800 Los Angeles, CA 90017 (213) 488-4300
Title Department:
Chicago Title Company
Attn: John Balassi/ Jeff Hurd
Email: BalassiJ@CTT.com &
Jeff.Hurd@CTT.com
Phone: (213) 612-4158 & (213) 612-4155
Fax: (213) 612-4152
Order No.: 910020024-X02
Escrow Department:
Chicago Title Company
Attn: Amy Hiraheta
Email: Amy.Hiraheta@CTT.com
Phone: (213) 488-4300
Fax: (213) 612-4193
NBU No.: 80900036
PRELIMINARY REPORT
Property Address: 5791 Van Allen Way, Carlsbad, CA
....
Dated as of: December 31, 2008 at 7:30 am
In response to the application for a policy of title insurance referenced herein, Chicago Title Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies
of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring
against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred
to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions
and Stipulations or Conditions of said Policy forms.
The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy
or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause.
When the Amount of Insurance is 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 CL TA and ALTA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain
coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are
available from the office which issued this report.
This report ( and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in
Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the tide 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.
CLTA Preliminary Report Form -Modified (11-17-06)
Page I
:) Order No.: 910020024-X02
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee as to Parcel(s) 1;
An Easement more fully described below as to Parcel(s) 2
2. Title to said estate or interest at the date hereof is vested in:
Mararisk Carlsbad LLC, a Delaware limited liability company
3. The land referred to in this report is situated in the State of California, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCHEDULE A
CLTA Preliminary Report Form -Modified (11-17-06)
Page2
Order No.: 910020024-X02
LEGAL DESCRIPTION
PARCEL 1:
PARCEL 2 OF PARCEL MAP NO. 17971, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 24, 1997 AS FILE NO. 1997-0656621 OF OFFICIAL
RECORDS.
PARCEL 2:
NON-EXCLUSIVE EASEMENTS ESTABLISHED IN DOCUMENT ENTITLED "THIRD AMENDED
AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
CARLSBAD RESEARCH CENTER" RECORDED JUNE 29, 1988 AS FILE NO. 88-313420 OF
OFFICIAL RECORDS, BY A DECLARATION OF ANNEXATION THE PROVISIONS OF SAID
COVENANTS, CONDITIONS AND RESTRICTIONS WERE EXTENDED TO INCLUDE THE
HEREIN DESCRIBED LAND BY AN INSTRUMENT RECORDED: DECEMBER 8, 1992 AS FILE
NO. 92-0786590 OF OFFICIAL RECORDS, A MODIFICATION OF SAID COVENANTS,
CONDITIONS AND RESTRICTIONS WAS RECORDED: JUNE 1, 1995 AS FILE NO. 95-0230848
OF OFFICIAL RECORDS.
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form -Modified (11-17-06)
Page3
~
_..) Order No.: 910020024-X02
SCHEDULED
At the date hereof, items to be considered and exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
A. Property taxes, including any assessments collected with taxes, for the fiscal year 2009 -2010 that
are a lien not yet due.
B. Property taxes, including any personal property taxes and any assessments collected with taxes, for
the fiscal year 2008 -2009
1st Installment:
2nd Installment:
Penalty and Cost:
Homeowners Exemption:
Code Area:
Assessors Parcel Number:
$48,701.07 (Paid)
$48,701.07
$4,880.10 (Due after April I 0)
$-None-
09013
212-130-45
C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing
with Section 75) of the Revenue and Taxation Code of the State of California as a result of the
transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new
construction occurring prior to date of policy.
D. The fact that the property lies within the City of Carlsbad Assessment District 85-2 (College Blvd),
as disclosed by an Amended Diagram September 19. 1988 as file no. 88-469414 of official records,
and recorded July 30, 1992 as file no. 92-0475542 official records.
Reference is hereby made to said document for full particulars.
1. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Purpose:
Recorded:
Affects:
Road ingress and egress
December 31, 1969 as file no. 236218 of official records
The route thereof affects a portion of said land and is more fully
described in said document.
Note: a portion of said easement was modified by instrument recorded September 1 7. 1971 as file
no. 211501 of official records.
2. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Purpose:
Recorded:
Affects:
Road ingress and egress
April 25. 1977 as file no. 77-151223 of official records
The route thereof affects a portion of said land and is more fully
described in said document.
CLTA Preliminary Report Form -Modified (11-17-06)
Page4
SCHEDULED
( continued)
Order No.: 910020024-X02
3. A document entitled "Construction of a Dam and Creation of a Reservoir", dated, June 30,
1980, executed by Japatul Corporation, a California corporation and Carlsbad Pacific Business
Center, a California general partnership, subject to all the terms, provisions and conditions therein
contained, recorded June 30, 1980 as file no. 80-206227 of official records.
Reference is hereby made to said document for full particulars.
4. Matters contained in that certain document entitled "Agreement for Drainage" executed by and
between Carlsbad Center and the City of Carlsbad, recorded November 3, 1986 as file no. 86-
501526 of official records.
Reference is hereby made to said document for full particulars.
5. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or
restriction is controlled or permitted by any applicable federal or state law, any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, medical condition, national origin, source of income, or ancestry" as set forth in
the document
Recorded: June 29, 1988 as file no. 88-313420 of official records
Note: Section 12956.1 of the government code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, 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. 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."
Note: If you should request a copy of the document referred to above, California Law requires that
a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent,
or association that provides a copy of a declaration, governing document, or deed to any person
shall place a cover Page over, or stamp on the first Page of the previously recorded document or
documents a statement, in at least 14-point boldface type, relating to unlawful restrictions.
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien
of any mortgage or Deed of Trust made in good faith and for value.
Said instrument also provides for the levy of assessments, the lien of which are stated to be
subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value.
Among other things, said document provides:
Contains easements
CLTA Preliminary Report Form -Modified (11-17-06)
Page5
SCHEDULED
( continued)
"-"'\ J Order No.: 910020024-X02
The provisions of said covenants, conditions and restrictions were extended to include the herein
described land by an instrument
Recorded: December 8, 1992 as file no. 92-0786590 of official records
Modification(s) of said covenants, conditions and restrictions
Recorded: June 1, 1995 as file no. 95-0230848 of official records
6. Matters contained in that certain document entitled "To Hold Harmless Agreement for Drainage"
executed by and between Upland Industries Corporation and the City of Carlsbad, recorded May 6,
1991 as file no. 1991-0208521 of official records, which document, among other things, contains or
provides for: as set forth in said document.
Reference is hereby made to said document for full particulars.
7. Matters contained in that certain document entitled "An Agreement to pay Bridge and
Thoroughfare Fees" dated April 24, 1991,executed by and between Upland Industries Corporation,
a Nebraska Corporation and the City of Carlsbad, recorded May 6, 1991 as file no. 1991-0208522
of official records, which document, among other things, contains or provides for: as set forth in
said document.
Reference is hereby made to said document for full particulars.
8. Matters contained in that certain document entitled "An Agreement to pay Drainage Fees as
Required by the Growth Management Program and the Adopted Local Facilities Management Plan
for Zone-5 Sunnycreek Drainage Area" dated April 24, 1991, executed by and between Upland
Industries Corporation and the City of Carlsbad, recorded May 6, 1991 as file no. 1991-0208523 of
official records.
Reference is hereby made to said document for full particulars.
9. The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been relinquished by the Map of said
Tract.
Affects: Faraday Avenue (except 40' access opening No.I as indicated on
Parcel Map 17971)
Said land, however, abuts upon a public thoroughfare other than the road referred to above, over
which rights of vehicular ingress and egress have not been relinquished.
CLTA Preliminary Report Form -Modified (11-17-06)
Page6
SCHEDULED
(continued)
-,
.. ...,,I Order No.: 910020024-X02
10.The fact that said land lies within the boundaries of Reassessment District No. 97-1, as disclosed by
instrument recorded December 18, 1997 as file no. 1997-0643902 of official records.
A "Notice of Reassessment" recorded December 18, 1997 as file no. 1997-0643903 of official
records.
11. Matters contained in that certain document entitled "To Hold Harmless Agreement for Drainage"
dated November 21, 1997 executed by and between Carlsbad Business Park, LLC, a California
limited liability Company, recorded February 19, 1998 as file no. l 998-0085420 of official records.
Reference is hereby made to said document for full particulars.
12. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Carlsbad Municipal Water District, a public agency
Water line
April 8, 1998 as file no. 1998-0198386 of official records
The route thereof affects a portion of said land and is more fully
described in said document.
13. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
San Diego Gas & Electric Company, a corporation
Public utilities, ingress and egress
April 23, 1998 as file no. 1998-0232254 of official records
The route thereof affects a portion of said land and is more fully
described in said document.
14. Any rights, interests or claims which may exist or arise by reason of the following matters disclosed
by an inspection or survey:
A) The fact that there is a joint sidewalk with property adjacent on the North.
15. A Deed of Trust With Absolute Assignment of Leases and Rents and Security Agreement and
Fixture Filing, to secure an indebtedness in the amount shown below, and any other obligations
secured thereby
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
Recorded:
$ 8,250,000.00
December 17, 2007
Mararisk Carlsbad LLC, a Delaware limited liability company
UnionBanCal Mortgage Corporation, a California corporation
Union Bank of California, N.A.
December 21, 2007 as Instrument No. 2007-0785938 of Official
Records.
CLT A Preliminary Report Form -Modified ( 11-17-06)
Page?
SCHEDULED
( continued)
~
,_,; Order No.: 910020024-X02
16. An Unrecorded Lease, affecting the premises herein described, executed by and between the parties
herein named, for the term and upon the terms and provisions therein set forth.
Type of Lease:
Lessor:
Lessee:
Disclosed By:
Recorded:
Commercial
Mararisk Carlsbad, LLC, a Delaware limited liability company
Invitrogen Corporation
Notice of Non-Responsibility
June 27, 2007 as file no. 2007-0431239 official records
An agreement which states that this instrument was subordinated
To:
Recorded:
By Agreement
Recorded:
A Deed of Trust
December 21, 2007 as Instrument No. 2007-0785938 of Official
Records.
December 21, 2007 as Instrument No. 2007-0785939 of Official
Records.
17. Water rights, claims or title to water, whether or not disclosed by the public records.
18. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title
Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in
possession thereof.
This office must be notified at least 7 business days prior to the scheduled closing in order to
arrange for an inspection of the land; upon completion of this inspection you will be notified of the
removal of specific coverage exceptions and/or additional exceptions to coverage.
19. Any rights of parties in possession of said land, based on any unrecorded lease, or leases.
This Company will require a full copy of any unrecorded lease, together with all supplements,
assignments, and amendments for review.
END OF SCHEDULE B
CLT A Preliminary Report Form -Modified ( 11-17-06)
Page8
,,,,....... . ........,
_ . ..,; Order No.: 910020024-X02
INFORMATIONAL NOTES
Note No. 1: Section 12413.1, California Insurance Code became effective January 1, 1990. This
legislation regulates the disbursement of funds deposited with any title entity acting in an escrow or
sub-escrow capacity. The law requires that all funds be deposited and collected by the title entity's
escrow and/or sub-escrow account prior to disbursement of any funds. Some methods of funding
may be subject to a holding period, which must expire before any funds may be disbursed. In order
to avoid any such delays, all funding should be done via wire transfer. Funds deposited with the
Company via wire transfer may be disbursed upon receipt. Funds deposited by cashiers checks,
certified checks, and teller's checks is one business day after the day deposited. Other checks may
require hold periods from two to five business days after the day deposited, and may delay your
closing. The Company may receive benefits from such banks based upon the balances in such
accounts. Such benefits will be retained by the Company as part of its compensation for handling
such funds.
Note No. 2: The charge where an order is cancelled after the issuance of the report of title, will be
that amount which in the opinion of the Company is proper compensation for the services rendered
or the purpose for which the report is used, but in no event shall said charge be less that the
minimum amount required under Section 12404.1 of the Insurance Code of the State of California.
If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then
the minimum cancellation fee shall be that permitted by law.
Note No. 3: California Revenue and Taxation Code Section 18668, effective January 1, 1991,
requires that the buyer in all sales of California Real Estate, withhold 3-1/3% of the total sales price
as California State Income Tax, subject to the various provisions of the law as therein contained,
and as amended.
Note No. 4: Your application for title insurance was placed by reference to a street address or
assessor's parcel number. Based upon our records, we believe that the description in this report
covers the parcel that you requested.
To prevent errors, we require written confirmation that the legal description contained herein covers
the parcel that you requested.
Note No. 5: The plat, (map), which is attached to this report, is to assist you in locating land with
reference to streets and other parcels. While this plat is believed to be correct, the Company
assumes no liability for any loss occurring by reason of reliance thereon.
Note No. 6: The policy of title insurance will include an arbitration provision. The Company or the
insured may demand arbitration. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to this policy,
any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued
if you wish to review the arbitration provisions and any other provisions pertaining to your Title
Insurance coverage.
Note No. 7: The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, 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.
CLTA Preliminary Report Form -Modified (11-17-06)
Page9
INFORMATIONAL NOTES
( continued)
--...., ._.,,, Order No.: 910020024-X02
Note No. 8: This Company will require for review the following documents from the following
Limited Liability Company: Mararisk Carlsbad LLC, a Delaware limited liability company
A. A copy of its Operating Agreement and any and all amendments, supplements and/or
modifications thereto, certified by the appropriate manager.
B. Confirmation that its Articles of Organization {LLC-1 ), and Certificate of Amendment
{LLC-2), any restated Articles of Organization {LLC-10) and/or any Certificate of Correction
(LLC-11) have been filed with the Secretary of State.
C. If the Limited Liability Company is member-managed a full and complete list of members
certified by the appropriate manager.
D. If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory
to the Company, that it was validly formed, is in good standing and authorized to do business
in the state of origin.
E. If the Limited Liability Company was formed in a foreign jurisdiction, evidence satisfactory
to the Company, that it has complied with California "doing business" laws, if applicable.
CLTA Preliminary Report Form -Modified (11-17-06)
Page JO
INFORMATIONAL NOTES
( continued)
ATTACHMENT ONE
PRIVACY STATEMENT
IMPORTANT INFORMATION:
Order No.: 910020024-X02
For those of you receiving this report by electronic delivery the Privacy Statement and Attachment
One are linked to this report. Please review this information by selecting the link. For those of you
who are receiving a hard copy of this report, a copy of this information has been submitted for your
review.
CLT A Preliminary Report Form -Modified ( 11-17-06)
Page II
INFORMATIONAL NOTES
( continued)
NOTICE
Order No.: 910020024-X02
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced
residential property in California between May 19, 1995 and November 1, 2002. If you had more than one
qualifying transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current transaction, you
do not have to do anything; the Company will provide the discount, provided you are paying for escrow
or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your current
transaction, you must inform the Company of the earlier transaction, provide the address of the property
involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible
for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a
discount. If you provide the Company information concerning a prior transaction, the Company is
required to determine if you qualify for a discount.
Effective through November I, 2014
CLTA Preliminary Report Form -Modified (11-17-06)
Page 12
Chicago Title Company
Commercial/Industrial Division,
700 South Flower, Suite 800 Los Angeles, CA 90017 (213) 488-4300
Title Department:
Chicago Title Company
Attn: John Balassi/ Jeff Hurd
Email: BalassiJ@CTT.com &
Jeff.Hurd@CTT.com
RECEIVED
FEB O 3 2009 Escrow Department:
Chicago Title Company
ENGINEERING Attn: Amy Hiraheta
DEPART~: Amy.Hiraheta@CTT.com
Phone: (213) 488-4300
Phone: (213) 612-4158 & (213) 612-4155
Fax: (213) 612-4152
Fax: (213) 612-4193
NBU No.: 80900037
Order No.: 910020025-X02
PRELIMINARY REPORT
Property Address: Carlsbad, CA
Dated as of: December 31, 2008 at 7:30 am
In response to the application for a policy of title insurance referenced herein, Chicago Title Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies
of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring
against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred
to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions
and Stipulations or Conditions of said Policy forms.
The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy
or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause.
When the Amount of Insurance is 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 and ALTA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain
coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are
available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The policy( s) of title insurance to be issued hereunder will be policy( s) of Chicago Title Insurance Company
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in
Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of
title and may not list all liens, defects, and encumbrances affecting title to the land.
CLTA Preliminary Report Form -Modified (11-17-06)
Page I
Order No.: 910020025-X02
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
2. Title to said estate or interest at the date hereof is vested in:
Invitrogen Corporation, a Delaware corporation
3. The land referred to in this report is situated in the State of California, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCHEDULE A
CLTA Preliminary Report form -Modified (11-17-06)
Page2
Order No.: 910020025-X02
LEGAL DESCRIPTION
A CONSOLIDATION OF PARCELS 3 AND 4 OF CARLSBAD MINOR SUBDIVISION NO. 97-04 IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO PARCEL MAP THEREOF NO. 17971, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY DECEMBER 24, 1997 AS FILE NO. 1997-0656621 OF OFFICIAL
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 4; THENCE ALONG THE
NORTHERLY LINE THEREOF SOUTH 54°09'0711 EAST 313.93 FEET TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD AS DEDICATED PER
CARLSBAD TRACT NO. 85-24, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 16, 1991, SAID POINT ALSO LIES ON
THE ARC OF A 1949.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL
LINE FROM SAID POINT BEARS NORTH 70°10'0611 WEST; THENCE ALONG THE ARC OF SAID
CURVE AND RIGHT OF WAY LINE; SOUTHWESTERLY 935.87 FEET THROUGH A CENTRAL
ANGLE OF 27°30'4411 TO A POINT OF COMPOUND CURVATURE WITH A 2349.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY; A RADIAL LINE FROM SAID POINT BEARS
NORTH 42°39'2211 WEST; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY
LINE; SOUTHWESTERLY 0.47 FEET THROUGH A CENTRAL ANGLE OF 0°00'41 11 TO A POINT
OF COMPOUND CURVATURE WITH A 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY
THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE; NORTHWESTERLY
39.41 FEET THROUGH A CENTRAL ANGLE OF 90°19'5011 SAID POINT ALSO LIES IN THE
NORTHEASTERLY RIGHT OF WAY LINE OF FARADAY AVENUE AS DEDICATED PER SAID
MAP NO. 12815; THENCE ALONG SAID RIGHT OF WAY LINE; NORTH 42°18'5111 WEST 81.10
FEET TO THE BEGINNING OF A 1242.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE NORTHWESTERLY 386.56
FEET THROUGH A CENTRAL ANGLE OF 17°49'5811 TO A POINT OF REVERSE CURVATURE
WITH A 25.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF
SAID CURVE NORTHEASTERLY 42.18 FEET THROUGH A CENTRAL ANGLE OF 96°40'4711 TO
A POINT WHICH LIES ON THE SOUTHERLY RIGHT OF WAY OF VAN ALLEN WAY AS
DEDICATED PER SAID PARCEL MAP NO. 17971; THENCE ALONG SAID RIGHT OF WAY LINE
NORTH 36°31'5811 EAST 55.85 FEET TO THE BEGINNING OF A 264.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF
WAY LINE NORTHEASTERLY 125.35 FEET THROUGH A CENTRAL ANGLE OF 27°12'1911;
THENCE NORTH 63°44'1711 EAST 158.87 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS
CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE EASTERLY
29.42 FEET THROUGH A CENTRAL ANGLE OF 18°43'51 11; THENCE NORTH 82°28'0611 EAST 50.0
FEET TO THE BEGINNING OF A 60.00 FOOT RADIUS CURVE CONCA VE NORTHWESTERLY;
THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY 114.19 FEET THROUGHT A
CENTRAL ANGLE OF 109°02'51 11' THENCE LEAVING SAID RIGHT OF WAY LINE NORTH
63°25'1711 EAST 52.84 FEET THENCE; NORTH 35°50'5311 EAST 366.81 FEET TO THE POINT OF
BEGINNING.
APN: 212-130-49
END OF LEGAL DESCRIPTION
CL TA Preliminaty Report Form -Modified ( 11-17-06)
Page3
Order No.: 910020025-X02
SCHEDULEB
At the date hereof, items to be considered and exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
A. Property taxes, including any assessments collected with taxes, for the fiscal year 2009 -2010 that
are a lien not yet due.
B. Property taxes, including any personal property taxes and any assessments collected with taxes, for
the fiscal year 2008 -2009
1st Installment:
2nd Installment:
Penalty and Cost:
Homeowners Exemption:
Code Area:
Assessors Parcel Number:
$31,746.38 (Paid)
$31,746.38
$3,184.63 (Due after April 10)
$-None-
09013
212-130-49
C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing
with Section 75) of the Revenue and Taxation Code of the State of California as a result of the
transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new
construction occurring prior to date of policy.
1. Covenants, conditions and restrictions (but omitting any covenant or restrictions, if any, based upon
on race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except
to the extent that said covenant or restriction is permitted by applicable law) as set forth in the
document
Recorded: June 29, 1988 as Instrument No. 88-313420, of Official Records
Note: Section 12956.1 of the government code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, 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. 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."
CLTA Preliminary Report Form -Modified (11-17-06)
Page4
SCHEDULEB
( continued)
Order No.: 910020025-X02
Among other things, said document provides:
Easements, terms, liens, assessments, provisions and charges.
The provisions of said covenants, conditions and restrictions were extended to include the herein
described land by an instrument
Recorded: December 8, 1992 as Instrument No. 1992-0786590, of Official
Records
Modification(s) of said covenants, conditions and restrictions
Recorded: June 1, 1995 as Instrument No. 1995-0230848, of Official Records
A Fourth Amended and Restated Declaration of Covenants, Conditions and Restrictions of
Carlsbad Research Center recorded September 18, 2001 as File No. 2001-0671492, Official
Records.
2. The fact that said land lies within the Community Facilities District No. 1, as disclosed by
instrument recorded December 19, 1990 as File No. 90-0674118 of Official Records.
A Notice of Special Tax Lien was recorded May 20, 1991 as File No. 1991-0236959 of Official
Records.
3. A document subject to all the terms, provisions and conditions therein contained.
Entitled: A Hold Harmless Agreement for Drainage
Recorded: May 6, 1991 as Instrument No. 1991-0208521, of Official Records
4. A document subject to all the terms, provisions and conditions therein contained.
Entitled: An Agreement to Pay Bridge and Thoroughfare Fees
Recorded: May 6, 1991 as Instrument No. 1991-0208522, of Official Records
5. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
An Agreement to Pay Drainage Fees as Required by the Growth
Management Program and the Adopted Local Facilities Management
Plan for Zone 5 -Sunnycreek Drainage Area
May 6, 1991 as Instrument No. 1991-0208523, of Official Records·
CLTA Preliminary Report Form -Modified (11-17-06)
Page 5
SCHEDULEB
( continued)
Order No.: 910020025-X02
6. The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been relinquished by the map of said
Map No. 12815
Affects: College Boulevard.
Said land, however, abuts upon a public thoroughfare other than the road referred to above, over
which rights of vehicular ingress and egress have not been relinquished.
Affects: Parcels 1, 3 and 4.
7. The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been relinquished by the map of said
Tract
Affects: Faraday Avenue
Said land, however, abuts upon a public thoroughfare other than the road referred to above, over
which rights of vehicular ingress and egress have not been relinquished.
8. The fact that said land lies within the boundaries of Reassessment District No. 97-1, as disclosed by
instrument recorded December 18, 1997 as File No. 1997-0643902 of Official Records.
A "Notice of Reassessment" recorded December 18, 1997 as File No. 1997-0643903 of Official
Records.
9. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
10. A Certificate of Compliance
Dated:
Executed by:
Compliance No.:
Recorded:
Hold Harmless Agreement Drainage
February 19, 1998 as Instrument No. 1998-0085420, of Official
Records
October 20, 1998
City of Carlsbad
ADJ 540, CE 851
Carlsbad Spectrum
October 27, 1998 as Instrument No. 1998-0696720, of Official
Records
CL TA Preliminary Report Form -Modified ( 11-17-06)
Page6
SCHEDULEB
( continued)
Order No.: 910020025-X02
11. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Purpose:
Recorded:
Affects:
collecting, storing, transporting, pumping and treating all water
March 18, 1999 as Instrument No. 1999-0175733 of Official Records
That portion of said land as described in the document attached
hereto.
Reference is hereby made to said document for full particulars.
12. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Agreement for Reimbursement of Costs for the Construction of the
Faraday AveNan Alley Way Traffic Signal for the Island @
Carlsbad Development and Traffic Signal Improvement Drawing
383-5C
June 20, 2001 as Instrument No. 2001-0415716, of Official Records
13. Any facts, rights, interests or claims which may exist or arise by reason of the following matters
disclosed by an inspection or survey:
A) The fact that an offsite storm drain connection encroaches on to the adjacent property on the
northwest.
B) The fact that concrete block walls and SDG&E vaults encroach onto the herein described
property on the southeast.
C) The fact that a utility riser, electrical transformer, traffic signal pullbox and street light
pullbox encroach onto the herein described property on the southwest.
D) The fact that an electrical vault and an electrical transformer encroach onto the herein
described property on the northwest.
14. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered
for dedication, on the recorded map shown below:
Map of:
Purpose:
Affects:
Parcel Map 17971
drainage
That portion of said land as shown on said map.
CLTA Preliminary Report Form -Modified (11-17-06)
Page7
SCHEDULEB
( continued)
Order No.: 910020025-X02
15. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Purpose:
Recorded:
Affects:
public utilities, ingress and egress
October 10, 2002 as Instrument No. 2002-0877611 of Official
Records
That portion of said land as described in the document attached
hereto.
Reference is hereby made to said document for full particulars.
16. Water rights, claims or title to water, whether or not disclosed by the public records.
17. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title
Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in
possession thereof.
This office must be notified at least 7 business days prior to the scheduled closing in order to
arrange for an inspection of the land; upon completion of this inspection you will be notified of the
removal of specific coverage exceptions and/or additional exceptions to coverage.
18. Any rights of parties in possession of said land, based on any unrecorded lease, or leases.
This Company will require a full copy of any unrecorded lease, together with all supplements,
assignments, and amendments for review.
END OF SCHEDULE B
CLTA Preliminary Report Form -Modified (11-17-06)
Page 8
Order No.: 910020025-X02
INFORMATIONAL NOTES
Note No. 1: Section 12413.1, California Insurance Code became effective January 1, 1990. This
legislation regulates the disbursement of funds deposited with any title entity acting in an escrow or
sub-escrow capacity. The law requires that all funds be deposited and collected by the title entity's
escrow and/or sub-escrow account prior to disbursement of any funds. Some methods of funding
may be subject to a holding period, which must expire before any funds may be disbursed. In order
to avoid any such delays, all funding should be done via wire transfer. Funds deposited with the
Company via wire transfer may be disbursed upon receipt. Funds deposited by cashiers checks,
certified checks, and teller's checks is one business day after the day deposited. Other checks may
require hold periods from two to five business days after the day deposited, and may delay your
closing. The Company may receive benefits from such banks based upon the balances in such
accounts. Such benefits will be retained by the Company as part of its compensation for handling
such funds.
Note No. 2: The charge where an order is cancelled after the issuance of the report of title, will be
that amount which in the opinion of the Company is proper compensation for the services rendered
or the purpose for which the report is used, but in no event shall said charge be less that the
minimum amount required under Section 12404.1 of the Insurance Code of the State of California.
If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then
the minimum cancellation fee shall be that permitted by law.
Note No. 3: California Revenue and Taxation Code Section 18668, effective January 1, 1991,
requires that the buyer in all sales of California Real Estate, withhold 3-1/3 % of the total sales price
as California State Income Tax, subject to the various provisions of the law as therein contained,
and as amended.
Note No. 4: Your application for title insurance was placed by reference to a street address or
assessor's parcel number. Based upon our records, we believe that the description in this report
covers the parcel that you requested.
To prevent errors, we require written confirmation that the legal description contained herein covers
the parcel that you requested.
Note No. 5: The plat, (map), which is attached to this report, is to assist you in locating land with
reference to streets and other parcels. While this plat is believed to be correct, the Company
assumes no liability for any loss occurring by reason of reliance thereon.
Note No. 6: The policy of title insurance will include an arbitration provision. The Company or the
insured may demand arbitration. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to this policy,
any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued
if you wish to review the arbitration provisions and any other provisions pertaining to your Title
Insurance coverage.
Note No. 7: The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, 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.
CLTA Preliminary Report Form -Modified (11-17-06)
Page9
INFORMATIONAL NOTES
( continued)
Order No.: 910020025-X02
Note No. 8: This Company will require the following documents for review prior to the issuance of
any title assurance predicated upon a conveyance or encumbrance by lnvitrogen Corporation, a
Delaware corporation
A. A copy of the corporation By-Laws and Articles of Incorporation.
B. An original or certified copy of a resolution authorizing the contemplated transaction.
C. If the Articles and/or By-Laws require approval by a parent organization, a copy of the
Articles and By-Laws of the parent.
CLTA Preliminary Report Form -Modified (l l-17-06)
Page 10
INFORMATIONAL NOTES
( continued)
ATTACHMENT ONE
PRNACYSTATEMENT
IMPORTANT INFORMATION:
Order No.: 910020025-X02
For those of you receiving this report by electronic delivery the Privacy Statement and Attachment
One are linked to this report. Please review this information by selecting the link. For those of you
who are receiving a hard copy of this report, a copy of this information has been submitted for your
review.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 11
INFORMATIONAL NOTES
( continued)
NOTICE
Order No.: 910020025-X02
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced
residential property in California between May 19, 1995 and November 1, 2002. If you had more than one
qualifying transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current transaction, you
do not have to do anything; the Company will provide the discount, provided you are paying for escrow
or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your current
transaction, you must inform the Company of the earlier transaction, provide the address of the property
involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible
for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a
discount. If you provide the Company information concerning a prior transaction, the Company is
required to determine if you qualify for a discount.
Effective through November l, 2014
CL TA Preliminary Report Form -Modified ( 11-17-06)
Page 12
(
~hicago Title
:)
Company
Commercial/Industrial Division,
700 South Flower, Suite 800 Los Angeles, CA 90017 (213) 488-4300
Title Department:
Chicago Title Company
Attn: John Balassi/ Jeff Hurd
Email: BalassiJ@CTT.com &
Jeff.Hurd@CTT.com
Phone: (213) 612-4158 & (213) 612-4155
Fax: (213) 612-4152
Order No.: 910020010-X02
Escrow Department:
Chicago Title Company
Attn: Amy Hiraheta
Email: Amy.Hiraheta@ctt.com
NBU No. 80900011
PRELIMINARY REPORT
Property Address: 5781 Van Allen Way, Carlsbad, Ca.
Dated as of: December 24, 2008 at 7:30 am
In response to the application for a policy of title insurance referenced herein, Chicago Title Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies
of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring
against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred
to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions
and Stipulations or Conditions of said Policy forms.
The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy
or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause.
When the Amount of Insurance is 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 CL TA and AL TA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain
coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are
available from the office which issued this report.
This report ( and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in
Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of
title and may not list all liens, defects, and encumbrances affecting title to the land.
CLT A Preliminary Report Form -Modified ( 11-17-06)
Page I
:) Order No.: 910020010-X02
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
2. Title to said estate or interest at the date hereof is vested in:
Griffin Capital (Carlsbad Pointe) Investors, LLC, a Delaware Limited Liability Company, as to an
undivided 1.0000% interest;
Griffin Capital (Carlsbad Pointe) Investor 1, LLC, a Delaware Limited Liability Company, as to an
undivided 5.5484% interest;
Griffin Capital (Carlsbad Pointe) Investor 2, LLC, a Delaware Limited Liability Company, as to an
undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 3, LLC, a Delaware Limited Liability Company, as to an
undivided 2.5806% interest;
Griffin Capital (Carlsbad Pointe) Investor 4, LLC, a Delaware Limited Liability Company, as to an
undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 5, LLC, a Delaware Limited Liability Company, as to an
undivided 3.4839% interest;
Griffin Capital (Carlsbad Pointe) Investor 6, LLC, a Delaware Limited Liability Company, as to an
undivided 0.9452% interest;
Griffin Capital (Carlsbad Pointe) Investor 7, LLC, a Delaware Limited Liability Company, as to an
undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 8, LLC, a Delaware Limited Liability Company, as to an
undivided 0.9452% interest;
Griffin Capital (Carlsbad Pointe) Investor 9, LLC, a Delaware Limited Liability Company, as to an
undivided 6.4516% interest;
Griffin Capital (Carlsbad Pointe) Investor 10, LLC, a Delaware Limited Liability Company, as to
an undivided 3.3613% interest;
Griffin Capital (Carlsbad Pointe) Investor 11, LLC, a Delaware Limited Liability Company, as to
an undivided 4.5161 % interest;
CLTA Preliminary Report Form -Modified (l l-17-06)
Page2
SCHEDULE A
(continued)
·-... _..) Order No.: 910020010-X02
Griffin Capital (Carlsbad Pointe) Investor 12, LLC, a Delaware Limited Liability Company, as to
an undivided 3.3452% interest;
Griffin Capital (Carlsbad Pointe) Investor 13, LLC, a Delaware Limited Liability Company, as to
an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 14, LLC, a Delaware Limited Liability Company, as to
an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 15, LLC, a Delaware Limited Liability Company, as to
an undivided 2.7419% interest;
Griffin Capital (Carlsbad Pointe) Investor 16, LLC, a Delaware Limited Liability Company, as to
an undivided 3 .45 81 % interest;
Griffin Capital (Carlsbad Pointe) Investor 17, LLC, a Delaware Limited Liability Company, as to
an undivided 4.0000% interest;
Griffin Capital (Carlsbad Pointe) Investor 18, LLC, a Delaware Limited Liability Company, as to
an undivided 10.0968% interest;
Griffin Capital (Carlsbad Pointe) Investor 19, LLC, a Delaware Limited Liability Company, as to
an undivided 2.8419% interest;
Griffin Capital (Carlsbad Pointe) Investor 20, LLC, a Delaware Limited Liability Company, as to
an undivided 2.8710% interest;
Griffin Capital (Carlsbad Pointe) Investor 21, LLC, a Delaware Limited Liability Company, as to
an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 22, LLC, a Delaware Limited Liability Company, as to
an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 23, LLC, a Delaware Limited Liability Company, as to
an undivided 3.2290% interest;
Griffin Capital (Carlsbad Pointe) Investor 24, LLC, a Delaware Limited Liability Company, as to
an undivided 2.6000% interest;
Griffin Capital (Carlsbad Pointe) Investor 25, LLC, a Delaware Limited Liability Company, as to
an undivided 2.5655% interest;
Griffin Capital (Carlsbad Pointe) Investor 26, LLC, a Delaware Limited Liability Company, as to
an undivided 3.2258% interest;
CLTA Preliminary Report Form -Modified (11-17-06)
Page3
SCHEDULE A
( continued)
:) Order No.: 910020010-X02
Griffin Capital (Carlsbad Pointe) Investor 27, LLC, a Delaware Limited Liability Company, as to
an undivided 2.9032% interest;
Griffin Capital (Carlsbad Pointe) Investor 28, LLC, a Delaware Limited Liability Company, as to
an undivided 2.5806% interest;
Griffin Capital (Carlsbad Pointe) Investor 29, LLC, a Delaware Limited Liability Company, as to
an undivided 2.1290% interest, all as tenants in common
3. The land referred to in this report is situated in the State of California, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCHEDULE A
CLTA Preliminary Report Form -Modified (11-17-06)
Page4
Order No.: 910020010-X02
LEGAL DESCRIPTION
PARCEL 1 OF PARCEL MAP NO. 17971, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 24, 1997 AS FILE NO. 1997-0656621 OF OFFICIAL
RECORDS.
(APN: 212-130-44)
END OF LEGAL DESCRIPTION
CLT A Preliminary Report Form -Modified ( 11-17--06)
Page5
C :) Order No.: 910020010-X02
SCHEDULED
At the date hereof, items to be considered and exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
A. Property taxes, including any assessments collected with taxes, for the fiscal year 2009 -2010 that
are a lien not yet due.
B. Property taxes, including any personal property taxes and any assessments collected with taxes, for
the fiscal year 2008 -2009
1st Installment:
2nd Installment:
Penalty and Cost:
Homeowners Exemption:
Code Area:
Assessors Parcel Number:
$294,632.26 (Paid)
$294,632.26
$29,473.22 (Due after April 10)
$None
09013
212-130-44
C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing
with Section 75) of the Revenue and Taxation Code of the State of California as a result of the
transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new
construction occurring prior to date of policy.
1. The limitations, covenants, conditions and restrictions, reservations, easements, terms, liens,
assessments, provisions and charges, but deleting any covenant, condition or restriction indicating a
reference, limitation or discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions and restrictions violate 42 USC 3604(c)
as contained in the Declaration of Restrictions June 29, 1988 as file no. 88-313420 official records.
Said instrument also provides that all liens created by this Declaration of Restrictions, including,
but not limited to, any regular or special assessments for the payment of money, shall be
subordinate to the lien created by any first Deed of Trust or First Mortgage.
Said instrument provides that a violation thereof shall neither defeat nor render invalid the lien of
any mortgage or deed of trust made for value.
Note: Section 12956.1 of the government code provides the following: "If this document contains
any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status,
disability, 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. 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."
CLTA Preliminary Report Form -Modified (11-17-06)
Page6
C
SCHEDULED
( continued)
:) Order No.: 910020010-X02
The provisions of said covenants, conditions and restrictions were extended to include the herein
described land by an instrument
Recorded: December 8, 1992 as file no. 1992-0786590 of official records
Modification(s) of said covenants, conditions and restrictions
Recorded: June l, 1995 as file no. 1995-0230848 of official records
2. The fact that said land lies within the Community Facilities District No. 1, as disclosed by
instrument recorded December 19, 1990 as file no. 90-0674118 of official records.
3. A document entitled "a Hold Harmless Agreement for Drainage", dated, December 21, 1990,
executed by Upland Industries Corporation and the City of Carlsbad, subject to all the terms,
provisions and conditions therein contained, recorded May 6, 1991 as file no. 1991-0208521 of
official records.
Reference is hereby made to said document for full particulars.
4. A document entitled "an Agreement to Pay Bridge and Thoroughfare Fees", dated, April 24, 1991,
executed by Upland Industries Corporation, a Nebraska Corporation and the City of Carlsbad, a
Municipal Corporation, subject to all the terms, provisions and conditions therein contained,
recorded May 6, 1991 as file no. 1991-0208522 of official records; however, all fees due and
payable have been paid as of the date hereof.
Reference is hereby made to said document for full particulars.
5. A document entitled "An Agreement to Pay Drainage Fees as Required by the Growth Management
Program and the Adopted Local Facilities Management Plan for Zone -5 Sunnycreek Drainage
Area", dated, April 24, 1991, executed by Upland Industries Corporation, a Nebraska Corporation
and the City of Carlsbad, a Municipal Corporation, subject to all the terms, provisions and
conditions therein contained, recorded May 6, 1991 as file no. 1991-0208523 of official records;
however, all fees due and payable have been paid as of the date hereof.
Reference is hereby made to said document for full particulars.
6. The fact that the ownership of said land does not include any rights of ingress or egress to or from
College Boulevard adjacent thereto, said rights having been relinquished on Map No. 12815.
7. The fact that the Ownership of said land does not include any rights of ingress and egress to or from
College Boulevard adjacent thereto, said rights having been relinquished as shown on Parcel Map
No. 17971.
CLTA Preliminary Report Form -Modified (11-17-06)
Page7
~ \..,,,
SCHEDULED
( continued)
:J Order No.: 910020010-X02
8. Any rights, interests, or claims which may exist or arise by reason of the following facts shown on a
survey plat entitled "ALT A/ ACSM Land Title Survey" dated October 13, 2005 and last revised
February 3, 2006 prepared by O'Day Consultants.
A. The encroachment of and the interest of the various utility facilities and block walls along the
boundary line adjacent to College Boulevards.
B. The encroachment of and the interest of an existing electrical transformer pad, over the
northwest property line, by a distance of 1.94 feet.
C. A chain link fence, which follows along the northwest boundary, encroaches into the adjacent
property by 0.64 feet.
9. An easement for the purpose shown below and rights incidental thereto as shown or as offered for
dedication on the recorded map shown below.
Map of:
Easement
Purpose:
Affects:
Parcel Map No. 17971
20' Drainage
a portion of Parcel 1, as shown thereon
10. A document entitled "Hold Harmless Agreement Drainage", dated, November 21, 1997, executed
by Carlsbad Business Park, L.L.C., a California Limited Liability Company, subject to all the
terms, provisions and conditions therein contained, recorded February 19, 1998 as file no. 1998-
0085420 of official records.
Reference is made to said document for full particulars.
11. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Putpose:
Recorded:
Affects:
Carlsbad Municipal Water District, a public agency organized in the
State of California
Water Line
April 8, 1998 as file no. 1998-0198386 of official records
the route affects a portion of said the remainder parcel as more fully
described in said document
Reference is hereby made to said document for full particulars.
CLTA Preliminary Report Form -Modified ( 11-17-06)
Page8
C
SCHEDULED
( continued)
:) Order No.: 910020010-X02
12. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
public utilities, ingress and egress
April 23, 1998 as file no. 1998-0232254 of official records
the route affects a portion of said the remainder parcel as more fully
described in said document
Reference is hereby made to said document for full particulars.
13. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
public utilities, ingress and egress
November 19, 2001 as file no. 2001-0840366 of official records
The exact location and extent of said easement is not disclosed of
record
14. A document entitled "Encroachment Agreement", dated, February 12, 2002, executed by City of
Carlsbad and lnvitrogen Corporation, subject to all the terms, provisions and conditions therein
contained, recorded August 2, 2002 as file no. 2002-0654140 of official records.
Reference is hereby made to said document for full particulars.
15. A document entitled "Tenants In Common Agreement", dated February 10, 2006, executed by
Griffin Capital (Carlsbad Pointe) Investors, LLC, a Delaware Limited Liability Company ("Griffm
Investors"), et al, subject to all the terms, provision(s) and conditions therein contained, recorded
February 13, 2006 as file no. 2006-0102443 of official records
Reference is hereby made to said document for full particulars.
16. A document entitled "Call Agreement", dated, February 10, 2006, executed by Griffin Capital
Corporation, a California corporation (the "Asset Manager"), et al, subject to all the terms,
provisions and conditions therein contained recorded February 13, 2006 as file no. 2006-0102444
of official records.
Reference is hereby made to said document for full particulars.
CLTA Preliminary Report Form -Modified (11-17-06)
Page9
C
SCHEDULED
( continued)
.-..... ._) Order No.: 910020010-X02
17. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations
secured thereby
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
Recorded:
$37,000,000.00
February 10, 2006
Griffin Capital (Carlsbad Pointe) Investors, LLC,
Griffin Capital (Carlsbad Pointe) Investor 1, LLC,
Griffin Capital (Carlsbad Pointe) Investor 2, LLC,
Griffin Capital (Carlsbad Pointe) Investor 3, LLC,
Griffin Capital (Carlsbad Pointe) Investor 4, LLC,
. Griffin Capital (Carlsbad Pointe) Investor 5, LLC,
Griffin Capital (Carlsbad Pointe) Investor 6, LLC,
Griffin Capital (Carlsbad Pointe) Investor 7, LLC,
Griffin Capital (Carlsbad Pointe) Investor 8, LLC,
Griffin Capital (Carlsbad Pointe) Investor 9, LLC,
Griffin Capital (Carlsbad Pointe) Investor 10, LLC,
Griffin Capital (Carlsbad Pointe) Investor 11, LLC,
Griffin Capital (Carlsbad Pointe) Investor 12, LLC,
Griffin Capital (Carlsbad Pointe) Investor 13, LLC,
Griffin Capital (Carlsbad Pointe) Investor 14, LLC,
Griffin Capital (Carlsbad Pointe) Investor 15, LLC,
Griffin Capital (Carlsbad Pointe) Investor 16, LLC,
Griffin Capital (Carlsbad Pointe) Investor 17, LLC,
Griffin Capital (Carlsbad Pointe) Investor 18, LLC,
Griffin Capital (Carlsbad Pointe) Investor 19, LLC,
Griffin Capital (Carlsbad Pointe) Investor 20, LLC,
Griffin Capital (Carlsbad Pointe) Investor 21, LLC,
Griffin Capital (Carlsbad Pointe) Investor 22, LLC,
Griffin Capital (Carlsbad Pointe) Investor 23, LLC,
Griffin Capital (Carlsbad Pointe) Investor 24, LLC,
Griffin Capital (Carlsbad Pointe) Investor 25, LLC,
Griffin Capital (Carlsbad Pointe) Investor 26, LLC,
Griffin Capital (Carlsbad Pointe) Investor 27, LLC,
Griffin Capital (Carlsbad Pointe) Investor 28, LLC,
Griffin Capital (Carlsbad Pointe) Investor 29, LLC, each a Delaware
limited liability company , all as tenants in common
Chicago Title Company
JPMorgan, Chase Bank, N.A.
February 13. 2006 as File No. 2006-0102445 of Official Records.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 10
SCHEDULED
( continued)
::) Order No.: 910020010-X02
An assignment of the beneficial interest under said Deed of Trust which names:
As Assignee:
Recorded:
Wells Fargo Banlc, N.A. as Trustee for the Benfit of the Holders of
J.P. Morgan Chase Commercial Mortgage Securities Corp.,
Commericial Mortgage Pass-Through Certificiates, Series 2006-
LDP6
October 25, 2006 as File No. 2006-0757644 of Official Records
18. An assignment of all monies due, or to become due as rent or otherwise from said land, to secure
payment of an indebtedness, shown below and upon the terms and conditions therein.
Amount:
Assigned to:
By:
Recorded:
$37,000,000.00
JPMorgan Chase Banlc, N.A.
Griffin Capital (Carlsbad Pointe) Investors, LLC,
Griffin Capital (Carlsbad Pointe) Investor 1, LLC,
Griffin Capital (Carlsbad Pointe) Investor 2, LLC,
Griffin Capital (Carlsbad Pointe) Investor 3, LLC,
Griffin Capital (Carlsbad Pointe) Investor 4, LLC,
Griffin Capital (Carlsbad Pointe) Investor 5, LLC,
Griffm Capital (Carlsbad Pointe) Investor 6, LLC,
Griffm Capital (Carlsbad Pointe) Investor 7, LLC,
Griffin Capital (Carlsbad Pointe) Investor 8, LLC,
Griffm Capital (Carlsbad Pointe) Investor 9, LLC,
Griffm Capital (Carlsbad Pointe) Investor 10, LLC,
Griffin Capital (Carlsbad Pointe) Investor 11, LLC,
Griffm Capital (Carlsbad Pointe) Investor 12, LLC,
Griffin Capital (Carlsbad Pointe) Investor 13, LLC,
Griffin Capital (Carlsbad Pointe) Investor 14, LLC,
Griffin Capital (Carlsbad Pointe) Investor 15, LLC,
Griffm Capital (Carlsbad Pointe) Investor 16, LLC,
Griffin Capital (Carlsbad Pointe) Investor 17, LLC,
Griffm Capital (Carlsbad Pointe) Investor 18, LLC,
Griffin Capital (Carlsbad Pointe) Investor 19, LLC,
Griffm Capital (Carlsbad Pointe) Investor 20, LLC,
Griffm Capital (Carlsbad Pointe) Investor 21, LLC,
Griffm Capital (Carlsbad Pointe) Investor 22, LLC,
Griffm Capital (Carlsbad Pointe) Investor 23, LLC,
Griffin Capital (Carlsbad Pointe) Investor 24, LLC,
Griffm Capital (Carlsbad Pointe) Investor 25, LLC,
Griffm Capital (Carlsbad Pointe) Investor 26, LLC,
Griffm Capital (Carlsbad Pointe) Investor 27, LLC,
Griffm Capital (Carlsbad Pointe) Investor 28, LLC,
Griffm Capital (Carlsbad Pointe) Investor 29, LLC,
each a Delaware limited liability company
February 13, 2006 as File No. 2006-0102446 of Official Records
CLTA Preliminary Report Form -Modified (l l-17-06)
Page 11
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SCHEDULED
( continued)
:) Order No.: 910020010-X02
An assignment of assignment of rents which names:
As Assignee:
Recorded:
Wells Fargo Bank, N.A. as Trustee for the Benfit of the Holders of
J.P. Morgan Chase Commercial Mortgage Securities Corp.,
Commericial Mortgage Pass-Through Certificiates, Series 2006-
LDP6
October 25, 2006 as File No. 2006-0757644 of Official Records
19. A financing statement filed with the office of the county recorder, showing
Debtor:
Secured Party:
Recorded:
Property Covered:
Griffin Capital (Carlsbad Pointe) Investors, LLC
JPMorgan Chase Bank, N.A.
February 13, 2006 as file no. 2006-0102447 of Official Records
said land
A change to the above Financing Statement was filed
Nature of Change:
Recorded:
Assignment to Wells Fargo Bank, N.A. as Trustee for the Benfit of
the Holders of J.P. Morgan Chase Commercial Mortgage Securities
Corp.,• Commericial Mortgage Pass-Through Certificiates, Series
2006-LDP6
October 25, 2006 as File No. 2006-0757665 of Official Records
20. An unrecorded lease affecting the premises herein described, executed by and between the parties
herein named, with certain terms, covenants, conditions and provisions set forth therein.
Lessor: Griffin Capital (Carlsbad Pointe) Investors, LLC, a Delaware
Limited Liability Company, as to an undivided 1.0000% interest;
Griffin Capital (Carlsbad Pointe) Investor 1, LLC, a Delaware
Limited Liability Company, as to an undivided 5.5484% interest;
Griffin Capital (Carlsbad Pointe) Investor 2, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 3, LLC, a Delaware
Limited Liability Company, as to an undivided 2.5806% interest;
Griffin Capital (Carlsbad Pointe) Investor 4, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 5, LLC, a Delaware
Limited Liability Company, as to an undivided 3.4839% interest;
Griffin Capital (Carlsbad Pointe) Investor 6, LLC, a Delaware
Limited Liability Company, as to an undivided 0.9452% interest;
CLTA Preliminary Report Form -Modified (l 1-17-06)
Page 12
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SCHEDULEB
( continued)
:) Order No.: 910020010-X02
Griffin Capital (Carlsbad Pointe) Investor 7, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 8, LLC, a Delaware
Limited Liability Company, as to an undivided 0.9452% interest;
Griffin Capital (Carlsbad Pointe) Investor 9, LLC, a Delaware
Limited Liability Company, as to an undivided 6.4516% interest;
Griffin Capital (Carlsbad Pointe) Investor 10, LLC, a Delaware
Limited Liability Company, as to an undivided 3.3613% interest;
Griffin Capital (Carlsbad Pointe) Investor 11, LLC, a Delaware
Limited Liability Company, as to an undivided 4.5161 % interest;
Griffin Capital (Carlsbad Pointe) Investor 12, LLC, a Delaware
Limited Liability Company, as to an undivided 3.3452% interest;
Griffin Capital (Carlsbad Pointe) Investor 13, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 14, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 15, LLC, a Delaware
Limited Liability Company, as to an undivided 2.7419% interest;
Griffin Capital (Carlsbad Pointe) Investor 16, LLC, a Delaware
Limited Liability Company, as to an undivided 3.4581 % interest;
Griffin Capital (Carlsbad Pointe) Investor 17, LLC, a Delaware
Limited Liability Company, as to an undivided 4.0000% interest;
Griffin Capital (Carlsbad Pointe) Investor 18, LLC, a Delaware
Limited Liability Company, as to an undivided 10.0968% interest;
Griffin Capital (Carlsbad Pointe) Investor 19, LLC, a Delaware
Limited Liability Company, as to an undivided 2.8419% interest;
Griffin Capital (Carlsbad Pointe) Investor 20, LLC, a Delaware
Limited Liability Company, as to an undivided 2.8710% interest;
Griffin Capital (Carlsbad Pointe) Investor 21, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 22, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
CLTA Preliminary Report Form -Modified (11-17-06)
Page 13
C
Lessee:
Disclosed by:
Recorded:
SCHEDULED
( continued)
:) Order No.: 910020010-X02
Griffin Capital (Carlsbad Pointe) Investor 23, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2290% interest;
Griffin Capital (Carlsbad Pointe) Investor 24, LLC, a Delaware
Limited Liability Company, as to an undivided 2.6000% interest;
Griffin Capital (Carlsbad Pointe) Investor 25, LLC, a Delaware
Limited Liability Company, as to an undivided 2.5655% interest;
Griffin Capital (Carlsbad Pointe) Investor 26, LLC, a Delaware
Limited Liability Company, as to an undivided 3.2258% interest;
Griffin Capital (Carlsbad Pointe) Investor 27, LLC, a Delaware
Limited Liability Company, as to an undivided 2.9032% interest;
Griffin Capital (Carlsbad Pointe) Investor 28, LLC, a Delaware
Limited Liability Company, as to an undivided 2.5806% interest;
Griffin Capital (Carlsbad Pointe) Investor 29, LLC, a Delaware
Limited Liability Company, as to an undivided 2.1290% interest, all
as tenants in common
Invitrogen Corporation, a Delaware Corporation
Memorandum of Lease
February 13, 2006 as file no. 2006-0102442 of official records
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
Said lease does contain a purchase option right of first refusal.
An agreement (and the provisions contained therein) which states that said lease and the option
contained therein is subordinate to the Deed of Trust
Recorded:
By Agreement Recorded
February 13, 2006 as file no. 2006-0102445of official records
March 2, 2006 as file no. 2006-0147900 of official records
19. Any easements not disclosed by those public records which impart constructive notice as to matters
affecting titl~ to real property and which are not visible and apparent from an inspection of the
surface of said land.
20. Water rights, claims or title to water, whether or not disclosed by the public records.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 14
SCHEDULED
( continued)
::) Order No.: 910020010-X02
21. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title
Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in
possession thereof.
This office must be notified at least 7 business days prior to the scheduled closing in order to
arrange for an inspection of the land; upon completion of this inspection you will be notified of the
removal of specific coverage exceptions and/or additional exceptions to coverage.
22. Any rights of parties in possession of said land, based on any unrecorded lease, or leases.
This Company will require a full copy of any unrecorded lease, together with all supplements,
assignments, and amendments for review.
END OF SCHEDULE B
CLT A Preliminary Report Form -Modified ( 11-17-06)
Page 15
:) Order No.: 910020010-X02
INFORMATIONAL NOTES
Note No. 1: Section 12413.1, California Insurance Code became effective January 1, 1990. This
legislation regulates the disbursement of funds deposited with any title entity acting in an escrow or
sub-escrow capacity. The law requires that all funds be deposited and collected by the title entity's
escrow and/or sub-escrow account prior to disbursement of any funds. Some methods of funding
may be subject to a holding period, which must expire before any funds may be disbursed. In order
to avoid any such delays, all funding should be done via wire transfer. Funds deposited with the
Company via wire transfer may be disbursed upon receipt. Funds deposited by cashiers checks,
certified checks, and teller's checks is one business day after the day deposited. Other checks may
require hold periods from two to five business days after the day deposited, and may delay your
closing. The Company may receive benefits from such banks based upon the balances in such
accounts. Such benefits will be retained by the Company as part of its compensation for handling
such funds.
Note No. 2: The charge where an order is cancelled after the issuance of the report of title, will be
that amount which in the opinion of the Company is proper compensation for the services rendered
or the purpose for which the report is used, but in no event shall said charge be less that the
minimum amount required under Section 12404.1 of the Insurance Code of the State of California.
If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then
the minimum cancellation fee shall be that permitted by law.
Note No. 3: California Revenue and Taxation Code Section 18668, effective January 1, 1991,
requires that the buyer in all sales of California Real Estate, withhold 3-1/3% of the total sales price
as California State Income Tax, subject to the various provisions of the law as therein contained,
and as amended.
Note No. 4: Your application for title insurance was placed by reference to a street address or
assessor's parcel number. Based upon our records, we believe that the description in this report
covers the parcel that you requested.
To prevent errors, we require written confirmation that the legal description contained herein covers
the parcel that you requested.
Note No. 5: The plat, (map), which is attached to this report, is to assist you in locating land with
reference to streets and other parcels. While this plat is believed to be correct, the Company
assumes no liability for any loss occurring by reason of reliance thereon.
Note No. 6: The policy of title insurance will include an arbitration provision. The Company or the
insured may demand arbitration. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to this policy,
any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued
if you wish to review the arbitration provisions and any other provisions pertaining to your Title
Insurance coverage.
Note No. 7: The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, 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.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 16
C
INFORMATIONAL NOTES
( continued)
-"' __ ) Order No.: 910020010-X02
Note No. 8: This Company will require for review the following documents from all Limited
Liability Company:
A. A copy of its Operating Agreement and any and all amendments, supplements and/or
modifications thereto, certified by the appropriate manager.
B. Confirmation that its Articles of Organization (LLC-1 ), and Certificate of Amendment
(LLC-2), any restated Articles of Organization (LLC-10) and/or any Certificate of Correction
(LLC-11) have been filed with the Secretary of State.
C. If the Limited Liability Company is member-managed a full and complete list of members
certified by the appropriate manager.
D. If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory
to the Company, that it was validly formed, is in good standing and authorized to do business
in the state of origin.
E. If the Limited Liability Company was formed in a foreign jurisdiction, evidence satisfactory
to the Company, that it has complied with California "doing business" laws, if applicable.
The company reserves the right to require additional information or documentation upon review of
the above matters.
Note No. 9: The Company is not aware of any matters which would cause it to decline to attach the
CLTA Endorsement Form 116 indicating that there is located on said land a commercial structure
known as 5781 Van Allen Way, in the City of Carlsbad, County of San Diego, State of California,
to an Extended Coverage Loan Policy.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 17
C
INFORMATIONAL NOTES
( continued)
ATTACHMENT ONE
PRIVACY STATEMENT
IMPORTANT INFORMATION:
--_) Order No.: 910020010-X02
For those of you receiving this report by electronic delivery the Privacy Statement and Attachment
One are linked to this report. Please review this information by selecting the link. For those of you
who are receiving a hard copy of this report, a copy of this information has been submitted for your
review.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 18
C
INFORMATIONAL NOTES
( continued)
NOTICE
:) Order No.: 910020010-X02
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced
residential property in California between May 19, 1995 and November 1, 2002. If you had more than one
qualifying transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current transaction, you
do not have to do anything; the Company will provide the discount, provided you are paying for escrow
or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your current
transaction, you must inform the Company of the earlier transaction, provide the address of the property
involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible
for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a
discount. If you provide the Company information concerning a prior transaction, the Company is
required to determine if you qualify for a discount.
Effective through November I, 20 I 4
CLTA Preliminary Report Form -Modified (11-17-06)
Page 19