HomeMy WebLinkAboutSDP 15-22; QUARRY CREEK PA R-2; Site Development Plan (SDP)APPLICATIONS APPLIED FOR: (CHECK BOXES)
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Development Permits (FOR OEPT. USE ONLY) Leq/slatlve Permits (FOR DEPT. USE ONLY)
□ Coastal Development Permit (•) 0 Minor
□ Conditional Use Permit (*)
□Minor D Extension
□ Day Care (Large)
□ Environmental lmpactAssessment
□ Habitat Management Permit D Minor
□ HIiiside Development Permit (*) D Minor
□ Nonconforming Construction Permit
□ Planned.Development Permit D Minor
0 Residential D Non-Residential
□ Planning Commission Determination
□ Reasonable Accommodation
~ Site Development Plan 0 Minor
□ Special Use Permit
□ Tentative Parcel Map (Minor Subdivision)
□ Tentative Tract Map (Major Subdivision)
□ Variance D Minor
1'R~:::i
D General Plan Amendment
D Local Coastal Program Amendment(•)
D Master Plan
D Specific Plan
D Zone Change (*)
D Amendment
□Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area Permits
D Review Permit
D Administrative D Minor D Major
VIiiage Review Area Permits
D Review Permit
0 Administrative D Minor O Major
(*) = eligible for 25% discount
B
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P,M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITl'ED PRIOR TO 4:00 P,M,
ASSESSOR PARCEL NO(S).: 167 "040-11 -------------------------------PROJECT NAME: Quarry Creel< PA R"2 Lennar Multifamily Site Development Plan
BRIEF DESCRIPTION OF PROJECT: Construction of 278 apartment units In 8 residential buildings plus clubhouse
BRIEF LEGAL DESCRIPTION: Lot 2 of Carlsbad Tract CT 11-04 In the City of Carlsbad according to Map No. ·16038
LOCATION OF PROJECT: N/A
STREET ADDRESS
ON THE: South SIDE OF Haymar Dr. --(-,NO_R,_,T_,,.H.,..., ..,..so--u"""T_H_. E __ A_S_T""', w""E .... S'."'."T::--) -(NAME OF STREET)
BETWEEN College Blvd. AND El Camino Real
(NAME OF STREET) (NAME OF STREET)
P-1 Page 1 of6 Revised 07/15
0
OWNERNAME (Print): Presidio Cornerstone QC, LLC
MAILING ADDRESS: 4365 Executive Dr., Suite 600
CITY, STATE, ZIP: San Diego, CA 92121
TaEPHONE: (858) 458~9700 ----------------EM A IL ADDRESS: Jrobson@cornerslonecommunltles.com
I CERTIFY THAT I AM THE LEGAL OWNER ANO THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET F H HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURPO ES IS APPLICATION. .
/0 'all ',2/JI!
DATE
0
APPLICANT NAME (Print): Lennar Multlfamlly Communities
MAILING ADDRESS: 95 Enterprise, Suite 200
CITY, STATE, ZIP: Aliso Viejo, CA 92656
TELEPHONE: (949)448-1616 ----------------EM A IL ADDRESS: John.collettl@lennar.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
APPLICANrs REPRESENTATIVE (Print): Paul J. Klukas: PLANNING SYSTEMS ------------------------MA IL ING ADDRESS: 1530 Faraday Ave., Suite 100
CITY, STATE, ZIP: Carlsbad, CA 92008
TELEPHONE: (760) 931-0780 X104
EMAIL ADDRESS: pldul<as@plannlngsystems.net
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFO~:rJON IS TRUE AND CORRECT TO THE BEST OF MY
KNO . :W.E,:, _ _I"'\ ,-./1 _,, _ vvv---;v.,............., (0 i (S'
SIGNATURE DATE
IN THE PROCESS OF REVIEWING TI·IIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT .IS THE SUBJECT OF THIS
APPLICATION. INJE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED qN TH TLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND ANb Bl•~~:cUCCESSORS IN INTEREST.
'
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
P-1 Page 2 of6 Revised 07/15
Ccuyof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership 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 MYn be disclosed at the time of application submittal. Your project
cannot be reviewed until this Information Is completed. Please print.
Note: . . . . . . ._ . . . . . . .
P~tj;~nJs ~e~nect as "Any Jndlvldllal, 'firm, 9o~partn~rshJP, Jolnl VfJiitu)j, a~so~tatton, socl'aJ · ~tub; fraternal 6i"Qb~!~tf~n,;:;CC>~Cir@(ton, ·Et~Jate, tn)s~,r~ceJver, ,syn~ICa\e,,Jn:~1~ .. aM:~~r :~th~r ~UTlWi;#ity :a11d_ cq~rity,
cttyci,1llifllclp~l.lty, _<IJstffct or other po!ltl~al sob division <>j'.aoy other ijrpu.p ~t ~~l>In~~n a,;:ting as a unit.■ ·
: --.. ·;-.... · ·.. -.. ·-. -, .. -: . -1.·•· •. . ..· . _· . .
A~e~tfrnadtgn'thls dobumeilt; however, Iha legal naine andenttty~t:ihe ~ppifoaritand~roperty owner 'musrbe'provlde4 below. . · · · · ·· . · · ·. ·· · · · · · · · ·. , · ·· · .
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of & persons having a
financial Interest In the application. If the applicant Includes a corporation or partnership.
Include thf;l names, titles, 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 pubHcly-owned
corporation, Include the names, titles, and addresses of the corporate officers. (A
separate page may be attached If necessary.)
Person John Colletti Corp/Part Lennar Multifamily Communities, LLC
Title Director Title See attached ------------Address 95 Enlerprlae, SuKe 200, Allao VleJo. CA 92868 Address 95 Enterprise, Suite 200, Aliso Viejo, CA 92656
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership Interest In the property Involved. Also, provide the nature of the legal
ownership (i.e,, partnership, tenants in common, non-profit, corporation, etc.). If the
ownership Includes a corporation or partnership. Include the names, titles, addresses of
all lndlvlduals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE lN/A} IN THE
SPACE BELOW. If a publicly-owned corporation. Include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person Ure Kratowicz Corp/Part Presidio Cornerstone QC, LLC
Title Manager Title
Address 4380 ExecuUve Dtlva, Suite DOB Son Diogo, CA 02121 Address 4365 Execullvo Drive, suue 600 San Diego, CA 112121
Page1 of2 Revised 07/10
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3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonwofit organization or a trust.
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust.__ _____ _ Non Profit/Trust __________ _
Title ___________ _ Title. ___________ _
Address _________ _ Address ____________ _
4. Have you had more than $500 worth of business transacted wllh any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes !✓! No If yes, please Indicate person(s):. _________ _
NOTE: Attach addltlonal sheets If necessary.
I cef fy that II the above Information Is true and correct to the best of my knowledge.
; ~ ~
I {5' {) 'l,.Ci S°'
lure of applicant/date
Ure R. Kratowicz, Manager
Print or type name of owner Print or type name of applicant
(fJIJ'-rr. l-''--Vt:t1'1 j P1.IINtJ1Nlf -s ;ts1""1,(
Print or type name of owner/applicant's agent
P-1(A) Page2of2 Revised 07110
' ...
Additional Page to Ownership Developer Disclosure Statement
Quarry Creek R-2
Name and Address
1. Lennar Multlfamlly Communities, LLC
25 Enterprise., 3rd Floor
Aliso Viejo, CA 92656
Officers:
JJ Abraham
Ryan Gatchalian
Paul Ogler
Scott Rynders :~~------
Vice President
Role
Buyer/ Developer
(Cityof
Carlsbad
PROJECT DESCRIPTION
P-1(8)
Development Services
Plannlng Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: Quarry Creek -Planning Area R-2
APPLICANT NAME: Lennar Multifamily Communities, LLC
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:
The proposed project consists of a new development 278 for-rent apartment homes by way of a Site
Development Permit. The project site is known as the R-2 Planning Area within the Quarry Creek
Master Plan. The project will feature a community amenity area, fitness center, club lounge, leasing
center, meandering walkways and resort-style pool area. The apartment homes will spread among a
variety of unit types and sizes.
I-Bedrooms (Count: 127 (46%))
2-Bedrooms (Count: 110 (40%))
3-Bedrooms (Count: 41 (14%))
Apartment home sizes will range from 745 sq. ft. to 1,758 sq. ft. with additional balcony or patio space.
The community wiill be parked with a mix direct access, carports and standard surface parldng stalls
totaling 562 spaces.
P-1(8) Page 1 of 1 Revised 07/10
(city of
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Plannlng Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
{Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of Callfornla Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the Callfomla Environmental
Protection Agency and hereby certify that {check one):
II) The development project and any alternatives proposed in this application are not contained on the
lists complied pursuant to Section 65962.6 of the State Government Code.
D The development project and any alternatives proposed in this application ~ contained on the lists
compiled pursuant to Section 65962.6 of the State Government Code.
APPLICANT
Name: Lennar Multifamily Communities
Address: 95 Enterprise, Suite 200
Aliso Viejo, CA 92656
Phone Number: ( 949) 448-1615
PROPERTY OWNER
Name: Presidio Cornerstone QC, LLC
Address: 4365 Executive Dr. #600
San Diego, CA 92121
Phone Number: (858) 458-9700
Address of site: Quarry Creel< Master Plan Planning Area R-2
Local Agency (City and County):_C_lt--'-y_o_f_C_a_rl_s_ba_d ____________ _
Assessor's book, page, and parcel number:,_1_6_7_-_0_4_0_-_1 _1 ____________ _
specify llst(s): Not identified on attached list
Regulatory Identification Number:. ____________________ _
Date of List:. _____________ _,,_ ____________ _
OSignature/Oal Proper .
The Hazardous Waste and Substances Sites List (Cortese List) Is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
In providing Information about the location of hazardous materials release sites.
P-1(C) Page 1 of2 Revised 02/13
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Flied: ' ( -a --I s (To be completed by City)
Appllcatlon Number(s):SI)P I 5-· ;;;J cl
General Information
1• Name of project: Quarry Creek PA R-2 Lennar Multifamily Site Development Plan
2. Name of developer or project sponsor: Lennar Multifamily Communities
Address: 95 Enterprise, Suite 200
City, Slate, Zip Code: Aliso Viejo, CA 92656
Phone Number: (949) 448-1615
3. Name of person to be contacted concerning this project: Paul Klukas; Planning Systems
Address: 1530 Faraday Ave., Suite 100
City, state, Zip code: Carlsbad, CA 92008
Phone Number: (760) 931-0780 x104
4. Address of Project: _N_o_n_e __________________ _
5.
6.
7.
8.
9.
Assessor's Parcel Number: 167-040-11 -------------------
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:
Building permits, grading permit
Existing General Plan Land Use Designation: _R_-_H ____________ _
Existing zoning district: _P_-_c __________________ _
Existing land use(s): Vacant, mass graded
Proposed use of site (Project for which this form Is filed): __________ _
Multifamily housing (apartments)
Project Description
10. Site size: _1_5_.2_a_c_r_e_s __________________ _
11. Proposed Building square footage: _2_7_3..;..,3_4_7_s_q.:...._ft_. __________ _
12: Number of floors of construction: _3 ________________ _
13. Amount of off-street parking provided: _5_6_2_s,;...p_a_c_e_s __________ _
14. Associated projects: Quarry Creel< Master Plan
P•1(D) Page 2 of 4 Revised 07/10
15. If residential, Include the number of units and schedule of unit sizes: ________ _
278 apartment units ranging from 754 sf to 1,768 sf.
16. If commercial, Indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: __________________ _
NIA
17. If Industrial, Indicate type, estimated employment per shift, and loading facilltles: ____ _
N/A
18. If lnstltutlonal, Indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: _______ _
N/A
19, If the project involves a variance, conditional use or rezoning applications, state this and Indicate
clearly why the application Is required: _________________ _
N/A
P•1(D) Page 3 ol 4 Revised 07/10
Are the fol/owing Items applicable to the project or Its effects? Discuss ell Items chec/ced yes (attach
addltlonaf sheets as necessary).
Yes No
20. Change In existing features of any bays, tidelands, beaches, or hills, or substantial □ [ll
alteration of ground contours.
21. Change In scenic views or vistas from existing residential areas or public lands or □ IZI roads. ·
22. Change In pattern, scale or character of general area of project. □ 0
23. Significant amounts of solid waste or litter. □ [ll
24. Change In dust, ash, smol<e, fumes or odors in vicinity. □ [ll
25. Change In ocean, bay, lake, stream or ground water quallty or quantity, or □ IZI alteration of existing drainage patterns.
26. Substantial change In existing noise or vibration levels In the vicinity, □ [l)
27. Site on filled land or on slope of 10 percent or more. □ IZI
28. Use of disposal of potenllally hazardous materials, such as toxic substances, □ Ill flammables or explosives.
29. Substantial change In demand for municipal services (police, fire, water, sewage, □ fZI
etc.).
30. Substantially Increase fossil fuel consumption (electricity, oll, natural gas, etc.). □ Ill
31. Relationship to a larger project or series of projects. fZI □
Envll'onmental Setting
Attach sheets that Include a response to the fol/owing questions_:
32. Describe the project site as It exists before the project, Including Information on topography, soll
stablllly, 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, hlstorlcal 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 polarold 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 lnltlal evaluation to the best of my ablllty, and that the facts, statements, and
Information presented are true and correct to the best of my kno_w1dge and belief.
Date: 1 0 ( 1 / l ) Signature: \J l[/VV1 Jt./1/h
For: Planning Systems; Agent for Lennar Mulllfamlly Communlllas
P-1(D) Paga 4 of 4 Revised 07 /1 O
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ATTACHMENT TO LENNAR MULTIFAMILY HOUSING QUARRY CREEi( PA R-2 SDP EIA·PART I
31. Relationship to a larger project or series of projects.
The proposed project Is proposed for development consistent with the requirements of the
approved Quarry Creek Master Plan. The project Is within Planning Area R-2 of this Master Plan.
32. Describe the project sfte as It exists before the project, Including Information on topography, soil
stabf/lty, plants and animals, and any cultural, historical or scenic aspects. Describe any exfstlng
structures on the site, and the use of the structures. Attach photographs of the site.
The subject site Is a previously-graded site, graded In accordance with the approved Quarry
Creel< Master Plan and approved subdivision. The soil is considered stable. No substantive
vegetation growth occurs on the property. The proposed development of the site is In
accordance with the Quarry Creek Master Plan (as amended). No cultural, historical or scenic
features exist on the site at this time.
33. Describe the surrounding properties, lnclud/ng 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 (one1amlly, apartment houses, shops, department stores, etc,), and scale of
development {height, frontage, set-bacl<, rear yard, etc.). Attach photographs of the v/dnlty.
The subject property Is located south of Haymar Drive, generally between College Blvd. and El
Camino Real. Property to the north Is developed with existing Hwy 78. Property to the east is
developed with an existing automobile dealership. To the south is the Buena Vista Creek and
Quarry Creek PA R-3 beyond. To the west Is Buena Vista Creek,
{cicyof
Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760} 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application Is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application Is complete or
Incomplete. If it is Incomplete, the letter will state what Is needed to make this application complete.
When the application Is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requirement or whether all requirements are necessary for your particular
Apphcant Signature: ---~-=--~ ... ~ ...... ------,-----------
appl.lcatlo~) please~. ;O 7!:~-
Staff Signature: ~ h.x L
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
SECOND AMENDMENT TO LIMITED LIABILITY COMPANY AGREEMENT
OF
PRESIDIO CORNERSTONE QC, LLCt
a DelRwa1·e limited liability company
This Seco11d Amendment to Limited Liability Company Agreen1ent of Presidio Cornerstone·
QC, LLC ("Amendment,,), dated as of March 18, 2015, is made by and among Presidio Merced
Land IV Active, LLC, a Delaware limited liability company (4'Presidio,.), Cornerstone Communities
LLC, a California limited liability company e"Cornerstone"), and McMillin QC2, LLC, a Delaware
limited liability company ("McMillin,,; with Presidio a11d Cornet·stone, "Members"), based on the
following:
Recitals
A. The Members p1·eviously entered into that certain Limited Liability Company
Agreement of Presidio Cornerstone QC, LLC dated as of January 20, 2015 eLLC Agreemenf'),
Initially capitalized tenns not otherwise defined herein have the same mea11ings as in the LLC
Agreement, as the same was previously modified by amendment dated as of March 6, 2015 ("Fil'st
Amendment'').
B. Section 5.12 of the LLC Agreement was revised in the First Am~11dment to clarify
that the Operating Manager had full power and authority, acting alone, to sign permits, applications,
agl'eement, maps, surety bonds, contracts and other documents and instruments relating Entitlement
Mattei·s. The parties now wish to furthe1· modify Section 5.12 to auth01ize the Opetating Manager to
sign additional documents and contracts that a:re consistent with the Business Plan or approved by
the Management Committee,
THE LLC AGREEMENT IS AMENDED IN THE FOLLOWING RESPECTS ONLY:
1. Section 5 .12• of the LLC Agreeme11t, as the same was previously modified by the
First Amendment, is further amended by the addition of the undewcored text and deletion of the
struck,-through below, and 1·estated to read in its entirety as follows:
5.12 Execution of Documents. The Operating Manager and each Manager, acting
alone, shall have authotity to act on behalf of and bind the Company, subject to any
approval requitements set forth in this Agreement, pl'ovided, however, that except as set
forth in the following sentence, the following documents will requfre the signature of both
Managers: (i) except to the extent consistent with tho line-item }lorizru1tal and vertical
construction bydgets approved by the Management Committee,. ElllY contmct 01· othel'
obligation of the Company involving over One Hundred Thousand Dollw:s ($100,000),
(ii) any contract 01· othe,r · obligation that is for an amount in excess of the amount
contemplated in the Business Plan or otherwise not in compliat1ce with the Busilless Plan;
(iii) ai1y contract with an Affiliate of the Operating Manager or any Manager, (iv) ~
rumroved by the Managem,ent Committee, any agl'eement releasing, compromising,
assigning, or tl'ansferring any claims, dghts or benefits, 01· satisfying any judgment, decree,
decision or settlement, including any Internal Revenue Service or state tax claims or
litigation in excess of an aggregated sum of Ten Thousand Dollai·s ($10,000) or settling any
claim fo1· insurm1ce proceeds if the loss · the1-eunder exceeds Ten Thousand Dollru·s
($10,000)~ (v) any lease, promiss01y note, deed, deed of trust, easement, seomity agreement,
1 030060.0078 48◄8-009S-90l0 v, l
------------✓ --------
guaranty or inde1mtlty or any other loan doo1.1me11ts, documents encumbering the Real
Property, contracts fo1· the purchase or sale of the Real Pl'Operty or any other real property,
entitlement documents, or documents encumbering or conveying title to the Real Property or
any portion thereof, MQ (vi) unless approved by the Ma11agement Committee in wrifu1gJ?1
oonsistent with the approved Businegs Plan. any document or instrument to be recOl'ded or
filed with the official records of a11y governmental agency~and (vii) any ageeement that b;,l
the terms of this ,.A~reem:oot req·.iires the approYal of the Mallageme11.t Cemmi!t:ee.
Notwithstanding the foregoing, the Operatillg Manager, acting alone, shall have autho1ity to
act on behalf of and bind the Company, in connection with the negotiation, execution,
delivery and modification of permits, applications, agt"eement, maps, surety bonds, contracts
and other documents and instrumen1s relating to the entitlement of the -Real Prope1-ty as
contemplated by the Business Plan (collectively, "Entitlement Matte1-s"), includiug without
limitation maintenance agl'ooments, easements, deeds, dedications, subdivision improvement
agreements and other instruments needed to satisfy entitlement approval conditions. All
contracts shall be in the Compants name with the Company as the party to the Cont1·act.
The Management Committee shall agree upon the form of contract to be executed by
contl.'acto1'S and subcontractors, Unless otherwise approved by the Management Committee
in wdting or co11siste1rt with the appl'oveq Business Plan. all contracts executed by
Operating Manager (other than Entitlement Matters as described above) shall be terminable
011 no mote than thirty (30) days' notice, The signature requirements set forth herein may be
modified from time to time by the 1.ma11imous vote of the Management Committee.
2. Except as modified hereby, the LLC Agreement (as previously modified by the First
Amendment) shall remain in foll force and effect.
3. This Amendment may be signed in seve1·al oounterpa1'ts, each of which shall be
deemed to be an original, and all of which together shall constitute one instrument, binding on all
parties, notwithstanding that all the parties have not signed the same counterparts.
IN WITNESS WHEREOF, this Amendment is executed by the parties hereto as of the date
set forth above.
Presidio:
Col1terstone:
PRESIDIO MERCED LAND IV ACTNE, LLC, a
Delaware limited liability company
~run~~;;
Title Authorized Person
CORNERSTONE COMMUNITIES LLC, a California
limited liabili co fl y
By ____ --c==-------,--------
Name l)f2.E. R., 1<£,erOW]e.t>
Title MA NAO:e.f<-
2 080060.0078 4848·0095-!IOIO v. I
-
McMillin: McMILLIN QC2, LLC, a Delawal'e limited liability company
By: McMillin Management Servlces, L.P., a California
limited partnership, its Manager
By: McMillin Homes Constl:uction, Inc., a
Califomia corporation, its General Pal'tner
3 080060,0078 4848-009S-9010 v. 1
Cl TA Preliminary Report Form
(Rev. 11/06)
File No.: NHSC-5028286 (06)
Order Number: NHSC-5028286 (06)
Page Number: 1
This report has been amended/updated to reflect the following matters:
[ ] No changes made to the report other than the Effective Date
[ ] Property address has been revised
[ ] Vesting has been revised
[ ] Legal Description has been revised
[ ] Taxes have been updated
[ ] Original item number(s) have been removed
[ X] New item number(s) 43 have been added
[ X] Original item number(s) 25 have been revised
[ ] Other:
Rrst American Title
C
Order Number: NHSC-5028286 (06)
Page Number: 2
Updated 03/23/2016
First American Dtle
First American Title Company
Trish Edmondson
Cornerstone Communities
4365 Executive Drive, Suite 600
San Diego, CA 92121-2128
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
4380 La Jolla Village Dr, Suite 200
San Diego, CA 92122
Quarry Creek LLA for Lots 1 and 2
NHSC-5028286 (06)
Dianne Livingston
(858)410-1303
(714)913-6750
dslivingston@firstam.com
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Trtle 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 below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the
arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies oflitle Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report ( and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
first American Tltle
Dated as of March 18, 2016 at 7:30 A.M.
Order Number: NHSC-5028286 (06)
Page Number: 3
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
litle to said estate or interest at the date hereof is vested in:
PRESIDIO CORNERSTONE QC, LLC, A DELAWARE LIMITED LIABILITY COMPANY
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2016-2017, a lien not yet due or
payable.
2. Taxes and assessments. Report to follow. Please verify before closing.
3. Intentionally Deleted
4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 1, as disclosed by Notice of
Special Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records.
Document(s) declaring modifications thereof recorded June 24, 2013 as Instrument No. 2013-
0394405 of Official Records.
5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
6. An easement for public road and incidental purposes, recorded in Book 257, Page 247 of Deeds.
In Favor of: The County of San Diego
Affects: As described therein
First American Title
Order Number: NHSC-5028286 (06)
Page Number: 4
The location of the easement cannot be determined from record information.
7. An easement for either or both pole lines, underground conduits and incidental purposes,
recorded in Book 511, Page 235 of Deeds.
In Favor of: Pacific Telephone and Telegraph Company
Affects: As described therein
The location of the easement cannot be determined from record information.
8. An easement for poles and incidental purposes, recorded March 4, 1911 in Book 509, Page 267
of Deeds.
In Favor of: The Pacific Telephone and Telegraph Company
Affects: Lot 1
The location of the easement cannot be determined from record information.
9. An easement for public road and incidental purposes, recorded June 19, 1928 in Book 1496, Page
100 of Deeds.
In Favor of:
Affects:
The County of San Diego
Lot 2
The location of the easement cannot be determined from record information.
Said easement is being abandoned pursuant to Section 66434(G) of the Subdivision Map
Act
10. An easement for public road and incidental purposes, recorded November 25, 1931 in Book 56,
Page 255 of Official Records.
In Favor of:
Affects:
The County of San Diego
Lot 2
The location of the easement cannot be determined from record information.
Said easement is being abandoned pursuant to Section 66434(G) of the Subdivision Map
Act
11. An easement for either or both pole lines, underground conduits and incidental purposes,
recorded May 11, 1949 in Book 3200, Page 449 of Official Records.
In Favor of: San Diego Gas and Electric Company
Affects: Lot 2
12. An easement for sewer pipe line and incidental purposes, recorded April 20, 1961 as Instrument
No. 68841 of Official Records.
In Favor of:
Affects:
The City of Oceanside
Lot 1
Rrst American Title
Order Number: NHSC-5028286 (06)
Page Number: 5
13. Abutter's rights of ingress and egress to or from the highway, adjacent thereto have been
relinquished in the document recorded March 29, 1968 as Instrument No. 53001 of Official
Records.
Affects: Lotl
14. The effect of a map purporting to show the land and other property, filed as Map No. 12936 of
Record of Surveys.
Affects: Lot2
15. The terms and provisions contained in the document entitled "Grant of Perpetual Slope Easement
and Temporary Construction Easement" recorded June 23, 2003 as Instrument No. 2003-
0739971 of Official Records.
The location of the easement cannot be determined from record information.
16. Covenants, conditions, restrictions and easements in the document recorded March 14, 2011
as Instrument No. 2011-0135700 of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and
for value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, familial status, disability,
handicap, national origin, genetic information, gender, gender identity, gender expression, source
of income (as defined in California Government Code§ 12955 (p)) or ancestry, to the extent such
covenants, conditions or restrictions violate 42 U.S.C. § 3604(c), or california Government Code§
12955. 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.
17. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded April 4, 2011 as Instrument No. 2011-0172077 of Official Records.
18. The terms and provisions contained in the document entitled "Permanent Stormwater Quality
Best Management Practice Maintenance Agreement" recorded July 7, 2011 as Instrument No.
2011-0344518 of Official Records.
19. The terms and provisions contained in the document entitled "Hold Harmless Agreement
(Geological Failure)" recorded July 21, 2011 as Instrument No. 2011-0371076 of Official Records.
20. The terms and provisions contained in the document entitled "Hold Harmless Agreement
(Drainage)" recorded July 21, 2011 as Instrument No. 2011-0371077 of Official Records.
21. The terms and provisions contained in the document entitled "Levee Maintenance Agreement"
recorded July 21, 2011 as Instrument No. 2011-0371083 of Official Records.
22. The terms and provisions contained in the document entitled "Encroachment Removal Agreement
(Proposed Encroachment on Right-of-Way)" recorded July 27, 2011 as Instrument No. 2011-
0382141 of Official Records.
The location of the easement cannot be determined from record information.
Rrst American Title
C
Order Number: NHSC-5028286 (06)
Page Number: 6
23. Covenants, conditions, restrictions and easements in the document recorded August 25, 2011
as Instrument No. 2011-0439455 of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and
for value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, familial status, disability,
handicap, national origin, genetic information, gender, gender identity, gender expression, source
of income (as defined in California Government Code§ 12955 (p)) or ancestry, to the extent such
covenants, conditions or restrictions violate 42 U.S.C. § 3604(c), or california Government Code§
12955. 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.
24. The effect of a map purporting to show the land and other property, filed as Map No. 21798 of
Record of Surveys.
Affects: Lot 2
25. A Deed of Trust to secure an original indebtedness of $28,000,000.00 recorded March 30,
2015 as Instrument No. 2015-0150823 of Official Records.
Dated: March 24, 2015
Trustor:
Trustee:
Beneficiary:
Affects:
Presidio Cornerstone QC, LLC, a Delaware limited liability
company
Farmers and Merchants Trust Company of Long Beach
Farmers & Merchants Bank of Long Beach, a California
corporation
The land and other property.
The above deed of trust states that it is a construction deed of trust.
A document entitled "Absolute Assignment of Leases, Lease Guaranties, Rents, Issues and
Profits" recorded March 30, 2015 as Instrument No. 2015-0150824 of Official Records, as
additional security for the payment of the indebtedness secured by the deed of trust
recorded March 30, 2015 as Instrument No. 2015-0150823 of Official Records.
A document recorded September 22, 2015 as Instrument No. 2015-0498045 of Official Records
provides that the deed of trust or the obligation secured thereby has been modified.
A document disclosing an additional advance in the amount of $18,620,000.00, recorded
September 22, 2015 as Instrument No. 2015-0498045 of Official Records.
The terms and provisions contained in the document entitled Intercreditor and Subordination
Agreement recorded February 26, 2016 as Instrument No. 2016-0083659 of Official Records.
26. Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed
by a document recorded March 30, 2015 as Instrument No. 2015-0150823 of Official Records.
First American Tltle
,,....
Order Number: NHSC-5028286 (06)
Page Number: 7
27. A financing statement recorded March 30, 2015 as Instrument No. 2015-0150825 of Official
Records.
Debtor: Presidio Cornerstone QC, LLC
Secured party: Farmers & Merchants Bank of Long Beach
Affects: The land and other property.
An amendment to the financing statement was recorded September 22, 2015 as Instrument No.
2015-0498046 of Official Records.
An amendment to the financing statement was recorded September 22, 2015 as Instrument No.
2015-0498047 of Official Records.
28. Covenants, conditions, restrictions and easements in the document recorded April 17,
2015 as Instrument No. 2015-0185520 of Official Records, but deleting any covenant, condition
or restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, sexual orientation, familial status, disability, handicap, national origin, genetic information,
gender, gender identity, gender expression, source of income (as defined in California
Government Code § 12955 (p)) or ancestry, to the extent such covenants, conditions or
restrictions violate 42 U.S.C. § 3604(c), or California Government Code§ 12955. 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.
29. The condition that the property shall be used for the sole purpose of providing, construction and
maintaining Affordable Housing, as more fully defined therein, and upon the terms, covenants
and conditions in that certain document recorded May 11, 2015 as Instrument No. 2015-
0233607 of Official Records.
Note: A written consent or waiver may be necessary from the public agency for any
sale or refinance.
30. The terms and provisions contained in the document entitled Hold Harmless Agreement Drainage
recorded May 20, 2015 as Instrument No. 2015-0257114 of Official Records.
31. The terms and provisions contained in the document entitled Permanent Stormwater Quality Best
Management Practice Maintenance Agreement recorded May 20, 2015 as Instrument No. 2015-
0257115 of Official Records.
32. The terms and provisions contained in the document entitled Hold Harmless Agreement
Geological Failure recorded May 20, 2015 as Instrument No. 2015-0257116 of Official Records.
33. The terms and provisions contained in the document entitled Local Improvement District
Agreement recorded May 20, 2015 as Instrument No. 2015-0257117 of Official Records.
34. An easement for Flood control and levee access and incidental purposes, recorded July 7, 2015
as Instrument No. 20150354040 of Official Records.
In Favor of: City of Carlsbad, a municipal Corporation
Affects: As described therein
Hrst American 77tle
Order Number: NHSC-5028286 (06)
Page Number: 8
35. Toe Terms, Provisions and Easement(s) contained in the document entitled "Street Tree
Maintenance Agreement" recorded July 7, 2015 as Instrument No. 2015-0354041 of Official
Records.
36. An easement shown or dedicated on the Map as referred to in the legal description
For: Levee maintenance, maintenance of landscaping, storm drain
and storm water BMP facilities, general utility and access and
incidental purposes.
37. An easement shown or dedicated on the Map as referred to in the legal description
For: Water easements, pedestrian trail and incidental purposes.
Affects: Lots 1 and 2
38. An easement shown or dedicated on the Map as referred to in the legal description
For: Private storm drain facilities, cross lot drainage and incidental
purposes.
Affects: Lot 2
39. An easement for underground facilities and appurtenances for the transmission and distribution
of electricity, communication facilities and appurtenances and incidental purposes,
recorded August 21, 2015 as Instrument No. 2015-0444103 of Official Records.
In Favor of: San Diego Gas & Electric Company, a corporation
Affects: As described therein
40. Toe terms and provisions contained in the document entitled "Memorandum of Agreement"
recorded September 11, 2015 as Instrument No. 2015-0481423 of Official Records.
41. Water rights, claims or title to water, whether or not shown by the public records.
42. Rights of parties in possession.
43. A deed of trust to secure the performance of an agreement or other obligation,
recorded February 26, 2016 as Instrument No. 2016-0083658 of Official Records.
Dated: February 16, 2016
Trustor: Presidio Cornerstone QC, LLC, a Delaware limited liability
company
Trustee: First American Title Insurance Company, a California limited
liability company
Beneficiary: Lennar Multifamily Communities, LLC, a Delaware limited liability
company
Affects: Lot2
Toe terms and provisions contained in the document entitled Intercreditor and Subordination
Agreement recorded February 26, 2016 as Instrument No. 2016-0083659 of Official Records.
First American Title
Order Number: NHSC-5028286 (06)
Page Number: 9
Prior to the issuance of any policy of title insurance, the Company will require:
44. With respect to Presidio Cornerstone QC, LLC, a Delaware limited liability company:
a. A copy of its operating agreement and any amendments thereto;
b. If it is a California limited liability company, that a certified copy of its articles of organization
(LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or
restatement of articles of organization (LLC-10) be recorded in the public records;
c. If it is a foreign limited liability company, that a certified copy of its application for registration
(LLC-5) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, that such document or instrument be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such document must be executed by at
least two duly elected or appointed officers, as follows: the chairman of the board, the president
or any vice president, and any secretary, assistant secretary, the chief financial officer or any
assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one manager
if the limited liability company properly operates with the existence of only one manager.
e. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require
Arst American 77tle
Order Number: NHSC-5028286 (06)
Page Number: 10
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable 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. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. The property covered by this reportis vacant land.
2. According to the public records, there has been no conveyance of the land within a period
of twenty four months prior to the date of this report, except as follows:
A document recorded January 29, 2015 as Instrument No. 2015-0040402 of Official Records.
From: The City of carlsbad
To: McMillin QC2, LLC, a Delaware limited liability company
A document recorded February 4, 2015 as Instrument No. 2015-0049269 of Official Records.
From: McMillin QC2, LLC, a Delaware limited liability company
To: Presidio Cornerstone QC, LLC, a Delaware limited liability company
3. It appears that a work of improvement is in progress or recently completed on the land. The
Company will require various documents and information, including but not limited to a
completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement,
disbursement information, executed indemnity agreement and current financial information from
proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued.
Other requirements may be made following the review of such documents and information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
Arst American Title
,,,.....
Order Number: NHSC-5028286 (06)
Page Number: 11
First American Trt:le Company
t A~ E 4' 1 :,;; ,¥Ci First American 1itle
1250 Corona Pointe Court, Ste 200
Corona, CA 92879
(951)256-5880
Fax -(909)476-2401
WIRE INSTRUCTIONS
for
First American Title Company, Demand/Draft Sub-Escrow Deposits
Riverside County, California
First American Trust, FSB
5 First American Way
Santa Ana, CA 92707
Banking Services: (877) 600-9473
ABA 122241255
Credit to First American Title Company
Account No. 3097840000
Reference Title Order Number 5028286 and Title Officer Dianne Livingston
Please wire the day before recording.
Hrst American Title
C
Order Number: NHSC-5028286 (06)
Page Number: 12
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
LOTS 1 AND 2, OF THE CARLSBAD TRACT CT 11-04, IN THE CITY OF CARLSBAD, COUN1Y OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16038, FILED IN THE
OFFICE OF THE COUN1Y RECORDER OF SAID COUN1Y, JULY 10, 2015.
APN: 167-040-43-00 and 167-040-44-00
Rrst American Title
09 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS
ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS
MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES,
OCEANSIDE UN
~ t CARLSBAD UN illB Qv ~ @ COR ~ 165
R-~~,a 36
"-
HAYMA~~,· • . . SHT 2
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112.59 AC 11:::r (:t
A.r.il'.Jotll.JJ I #$T3$)1'l 111111
C avnot' 1l12 0 ICITJ/T J1.» £1tln13'TZ1II rMnOtrt.-11 '...m,r 1,1$.<I ....... !U.55 J~n,.n KM1D 41.# LSIO'IU'Sn'fl.11 MM70 I/JI.IO . ..,...,.,,,...,.
/I .smw!J1' 51.tN Otm"J1"1$T AIU'
!!,J1"3fl9."~
~
UNMBD.
POR (§)
~ \. 3 ~ ~---F-.)~b •
1111
~ ~ SAN DIECO COUNTY ASSESSOR'S MAP BOOK 167 PAGE CM
D~ ~~
SHT 2
~ tMM *°'~
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14
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OPEN SPACE
~ SHT 1
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w~\._S!C ~• "'v t ~~~ fl' ... !,, ¢5-;;£_ ,,,. I..
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. ) ;ta 43 0 .. .,~,.
IMSBURY CT
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SHT 2
1 • SEE MAP 16038 FOR BRGS & DIST
2• OPEN SP ACE ESMT
AC< ~ *'·-)
MAP 16038-CARLSBAD TCT CT 11-04 QUARRY CREEK
MAP 823-RHO AGUA HEDIONDA
STATE HWY MAP 61,68
ROS 12936, 19465,21798
C
NOTICE
Order Number: NHSC-5028286 (06)
Page Number: 14
Section 12413.1 of the california Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
Rrst American Title
EXHIBIT A
Order Number: NHSC-5028286 (06)
Page Number: 15
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building; (d) improvements on the Land;
(b) zoning;
(c) land use;
(e) land division; and
(f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Trt:le to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount
Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1 % of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
( d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
Ai-st American 77tle
C
Order Number: NHSC-5028286 (06)
Page Number: 16
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Trt:le Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Trt:le Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
( d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Trt:le Risks
4. Failure to pay value for your title.
5. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Trt:le Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
Rrst American Title
Order Number: NHSC-5028286 (06)
Page Number: 17
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Trt:le that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POUCY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Oaimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
10); or
( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Trt:le for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Trt:le that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
Ai-st American 77tle
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),
13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
( e) resulting in loss or damage that would not have been sustained if the Insured Oaimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Trtle for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date
of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
Rrst American Title
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I First American 1itle
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such
information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as
information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request Information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties
except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information Indefinitely, including the period
after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty
insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial
institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that Information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet.
In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First
American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of
collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific
account/profile information. If you choose to share any personal information with us, we will only use It in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site
can send to your browser, which may then store the cookie on your hard drive.
FirstAm com uses stored cookies. Toe goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benef~s and consumer
privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize Its Importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information.
When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on
our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form SO-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)