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AMEND 2023-0001; SMAC; Planned Unit Development - Non-Residential (PUD)
.... {cicyof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: {CHECK BOXES) Development Permits D Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care (Large) D Minor D Environmental Impact Assessment D Habitat Management Pennlt D HIiiside Development Permit D Minor D Minor D Nonconforming Construction Permit ~ Planned Development Permit D Minor D Residential Ix] Non-Residential MINOR AMENDMENT D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Special Use Permit D Minor D Tentative Parcel Map {Minor Subdivision) D Tentative Tract Map {Major Subdivision) D Variance D Minor (FOR DEPT USE ONLY) Legislative Permits A,E\lo101J --0001 D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change □Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CALL 442-339-2600 TO MAKE AN APPOINTMENT. •SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 212.120.01/02 and 212.130.34 LOCATION OF PROJECT. 5801 and 5807 Van Allen Way; and 1695 Faraday Avenue (STREET ADDRESS) NAME OF PROJECT: 1695 Faraday Avenue BRIEF DESCRIPTION OF PROJECT: Minor PUD Amendment to isolate_1695Faraday from joint parking agreement with Van Allen properties PROJECT VALUE N/A (SITE IMPROVEMENTS) ESTIMATED COMPLETION DATE N/A FOR CITY USE ONLY Development No. 0 t'J 1011. -001 (, Lead Case No. AM(NO'Wl3-000\ (PuOl0\1·6008) P-1 Page 1 of 6 Revised 3/22 .... OWNER NAME (PLEASE PRINT) INDIVIDUAL NAME (if applicable): Ed Neff COMPANY NAME (II applicable): SMAC MAILING ADDRESS: 5807 Van Allen Way_ CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: 760.929.7575 EMAIL ADDRESS: jimsibold@smac-mca.com I CERTIFY THAT I AM THE LEGAL OWNER AND 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 FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. -c::: ----~s )+}t/1:v SIGNATURE ~ DATE II APPLICANT'S REPRESENTATIVE (Print): Eric Munoz I HWL APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME . . . ~r applicable): Scott Moffatt -Executive Vice President COMPANY NAME AG-LC 1695 Faraday Owner LLC (if applicable): MAILING ADDRESS: 600 B Street, Suite 2210 CITY, STATE, ZIP: San Die90, CA 92101 TELEPHONE: 619.230.8881 EMAIL ADDRESS: smoffatt@lpc.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE~ES :~JM~I ~O ~OGE SIGN ' ' •• ,. MUh, i-irz-- ----------------------------MA I LING ADDRESS: 2888 Loker Avenue East, Suite 217 CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: 760.277.3852 EMAIL ADDRESS: emunoz@hwl-pe.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO TH E BEST OF MY KNOWLE9'3: , ~ J\ /\ ~ c~ rv \~-~ o£c.;l.?:lo--S_IG-N-AT_U_R_E~~~---~----DATE IN THE PROCESS OF REVIEWING THIS 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. IM/E CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOVVLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE T ERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND D ANY SU CESSORS IN I I Owner Van Allen properties -------------------SIGNATURE FOR CITY USE ONLY JAN 12 2023 Cl..,..\ •.J , DATE s MF>lAPPLiCATIO RECEIVED RECEIVED BY: P-1 Page 2 of6 Revised 3/22 SMAC ACTION BY UNANIMOUS WRITTEN CONSENT OF THE SOARD OF OtRECTORS OF SYSTEMS MACHINE AUTOMATION COMPONENTS CORPORATION The undersigned, constituting all of the members of the Board of Directors (the "Board") of SYSTEMS MACHINE AUTOMATION COMPONENTS CORPORATION, a California corporation, (the "Company"), Pursuant to Section 307(b} of the California Corporation Code, and Article Ill, section 14 of the Bylaws, hereby adopt, by unanimous written consent, the resolutions below; REsolV£D, that Mike Pepin, Jim Sibold, and Gerald Fernandez Directors of the Company be, and is authorized and directed, for and on behalf of the company, to negotiate or otherwise cause such additions, modifications, amendments or deletions to be made to the Reimbursement agreement and such other agreements, certificates or documents, as any such officer may approve, and the execution and delivery thereof by any officer of the Company shall be deemed conclusive evidence of the approval of any such addition, modification, amendment or deletion; This action by unanimous written consent may be signed in one or more counterparts, each of which shall be deemed an original, and all of which shall constitute one instrument. A signature delivered by facsimile shall have the same effect as an original. This Action by Unanimous written Consent shall be filed with the minutes of the proceedings of the Board. Edward A. Neff ~ -· Februarv 21, 2023 ./,,, ~ ~ r Rangel ~r > February21,2023 Mike Ferris ~~February21,2023 Doreen Porter ~;t.;February21,2023 Geral Fernan ez d,\_, ~~ebruary 21, 2023 JimSibold ~bruarv21, 2023 Dav, Huang { Cicyof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care {Large) D Minor D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor D Minor D Nonconforming Construction Permit [:&I Planned Development Permit D Minor D Residential Ix] Non-Residential MINOR AMENDMEN D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor I (FOR DEPT. USE ONLY) Legislative Penn/ts AV\\ENOlOl\· 0001 D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change D Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review A,ea Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) B NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CALL 442-339-2600 TO MAKE AN APPOINTMENT. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSORPARCELNO(S): 212.120.01/02 and 212.130.34 LOCATION OF PROJECT: 5801 and 5807 Van Allen Way; and 1695 Faraday Avenue (STREET ADDRESS) NAME OF PROJECT: 1695 Faraday Avenue BRIEF DESCRIPTION OF PROJECT: Minor PUD Amendment to isolate 1695 Faraday from joint parking agreement with Van Allen properties PROJECT VALUE N/A ESTIMATED COMPLETION DATE N/A (SITE IMPROVEMENTS) FOR CITY USE ONLY Development No. Dt~1,0 l'l..,,. Q{}J lo Lead Case No. AMEWD1013-000\ ( PUOl0\1-000~) P-1 Page 1 of6 Revised 3/22 OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME SAME AS OWNER (if applicable): Scott Moffatt -Executive Vice President (if applicable): COMPANY NAME AG-LC 1695 Faraday Owner LLC COMPANY NAME (if applicable): (if applicable): MAILING ADDRESS: 600 B Street, Suite 2210 MAILING ADDRESS: CITY, STATE, ZIP: San Diego, CA 92101 CITY, STATE, ZIP: TELEPHONE: 619.230.8881 TELEPHONE: EMAIL ADDRESS: smoffatt@lpc.com EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL TH~ ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY NQWL,EDGE. SET FORTmN IS MY AUTHORIZED REPRESEN7'IVE FOR pui:; Al\ =s APPLICATION. I 7,,, L. 1 /1695 Faraday property Vi_1l, SIGt AT IRE \ DATE SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): Eric Munoz / HWL MAILING ADDRESS: 2888 Loker Avenue East, Suite 217 CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: 760.277.3852 EMAIL ADDRESS: emunoz@hwl-pe.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLE~~ /V( -~ /)£<. ~~~ SIGNATURE ~ DATE IN THE PROCESS OF REVIEWING THIS 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. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. 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 SUC~SSORS IN INTEREST. m I 1695 Faraday property PROPERTY NER IGNATURE I FOR CITY USE ONL ¥ JAN 12 2023 Cl:-I (..),-,-::AHLSBP I) PI l. J l I • r~ !J l / l ~ _ . DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2of6 Revised 3/22 MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT (this "Agreement") is made as of the I 0th day of June, 2022 (the "Effective Date"), between LPC WEST, INC., a Delaware corporation, having an office at c/o Lincoln Property Company, 600 B Street, Suite 2210, San Diego, California 92 IO l Attention: Scott Moffatt ("Manager"), and AG-LC 1695 FARADAY OWNER, L.L.C., a Delaware limited liability company having an office at c/o Angelo, Gordon & Co., L.P., 245 Park Avenue, 24th Floor, New York, New York 10167 ("Owner"). W I T N E S S E T H: WHEREAS, Owner is the owner of that certain real property (the "Land"), located at 1695 Faraday Avenue, Carlsbad, California 92008, and more particularly described on Exhibit A attached hereto, together with those certain buildings located thereon (collectively, the "Building") and other improvements located thereon (collectively, the "Improvements") erected thereon (the Land and the Improvements are hereinafter referred to as the "Property"); and WHEREAS, Owner desires to obtain the services of Manager in connection with the management, operation, supervision and maintenance of the Property (all of the foregoing being hereinafter referred to as "Manager's Obligations") and Manager desires to render such services, as more fully described herein, on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the above recitals and for other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITIONS SECTION 1.1. Definitions. The following terms (whether or not underscored) when used in this Agreement, including its preamble and recitals, shall, except where the context otherwise requires, have the following meanings (such meanings to be equally applicable to the singular and plural forms thereof): "Affiliate" means, with respect to any Person, any other Person or group of Persons acting in concert in respect of the Person in question that, directly or indirectly, through one or more intermediaries, Controls, is Controlled by or is under common Control with such Person. "Agreement" is defined in the preamble. "Angelo Gordon" means Angelo, Gordon & Co., L.P., a Delaware limited partnership. "Approved Auditor" is defined in Section 5.2(b). "Asset Management Fee" is defined in Section II(A) of Exhibit B. "Audit Report" is defined in Section 5.4. "Budget" is defined in Section 5. l(a). "Building" is defined in the recitals. 4889-0300-3935, v. 6 Page I "Termination Effective Date" is defined in Section l l .2{a). .. !I""\ JAN 12 2023 Cl , tJ -__, \ , 0c,l,.O r,• I "Termination Fee" shall mean an amount equal to twelve (12) times the monthly installment of the Property Management Fee and the Asset Management Fee paid to Manager for the month preceding the Termination Effective Date; provided, however, in the event that, on the date upon which any Termination Notice is provided, neither of David Binswanger nor Scott Moffatt has day-to-day operating responsibility for the management of the Property, then such amount shall be reduced to six (6) times the monthly installment of the Property Management Fee and the Asset Management Fee paid to Manager for the month preceding the Termination Effective Date. "Termination Notice" is defined in Section 11.2. "Violation" means a violation of any Requirement. "Wages" means the salaries, wages and other compensation and fringe benefits, union dues, insurance, employer"s and employees" taxes, and vacation of Personnel. "Work" means any and all repairs, construction, alterations, renovations, replacements or work performed at the Property, including, without limitation, tenant improvements. "Year-End Reporting Template" is defined in Section 5.2(b). ARTICLE II APPOINTMENT OF MANAGER; DUTIES OF MANAGER SECTION 2.1. Appointment of Manager. Subject to the provisions of this Agreement and during the Term, Owner hereby appoints Manager, and.Manager hereby accepts such appointment, as Owner's managing agent for the Property to perform all of Manager's Obligations. Manager agrees to perform Manager's Obligations so as to cause the Property to be operated, maintained, listed, leased and renovated in an orderly and efficient manner applicable to buildings of a nature similar to the Property in the market where the Property is located. Manager shall, at all times during the performance of its duties hereunder, act in Owner's best interest with respect to the proper protection of the Property. In this capacity, except as disclosed to and approved by Owner in writing, Manager shall, at all times deal at arm's length with all third parties and shall serve Owner's interest. Manager shall act in a manner consistent with, and no less than, a high quality manager of other first class buildings of similar, size, type and location, at all times with respect to the proper protection of and accounting for Owner's assets. SECTION 2.2. Duties and Powers of Manager. Without limiting the generality of the provisions of Section 2.1 of this Agreement, Manager agrees, and is hereby granted the authority to do the following: SECTION 2.2.1 . Employ Personnel. Manager agrees to hire, pay, supervise and discharge all Personnel. Unless otherwise agreed to by Owner, all Personnel shall in every instance be the employees or independent contractors of Manager and not of Owner. At the expense of Manager, executive Personnel of Manager shall be charged with the performance of Manager's Obligations under this Agreement and with the general supervision, direction and control of all other Personnel. Manager shall (a) pay all Wages and other benefits properly payable to Personnel, (b) maintain adequate payroll records, (c) remit to the proper authorities all required income and social security withholding taxes, unemployment insurance payments, workers' compensation payments and such other amounts with Page 8 4889-0300-3935,v.6 -·., DocuSign Envelope ID: F32832DF-2365-45~ ,~ 14BM40CC7B IN WITNESS WHEREOF, Owner and Manager have executed this Agreement as of the Effective Date. AG-LC 1695 FARADAY OWNER, L.L.C., a Delaware limited liability company By: AG-LC 1695 Faraday Parent, L.L.C., a Delaware limited liability company, its sole member By: AG Real Estate Manager, Inc., a Delaware corporation, its manager gDocuSlgned by: By: N ~~ffi1!#,s .. ame: arnes o Title: Vice President [Signatures continue on following page] [Signature page to Management Agreement -Faraday] Manager: LPC WEST, INC., a Delaware corporation By: Nafue: David Binswanger Title: Senior Executive Vice President [Signatures continue on following page] r . ' , liloc1:1Sign Envelope ID: F32832DF-236~51... ,! 14BM40CC7B The undersigned has executed this Agreement solely with respect to the rights of the undersigned under Section 13.28 of this Agreement. AG-LC 1695 FARADAY PARENT, L.L.C., a Delaware limited liability company By: AG Real Estate Manager, Inc., a Delaware corporation, its manager By: l&DocuSlgned by: N ~~:,~s ... ame: James I o Title: Vice President [Signature page to Management Agreement-Faraday] ' . ( Cicyof Carlsbad DISCLOSURE STATEMENT -,.-P-1{A) Development Services Planning Division 1635 Faraday Avenue {442) 339-2610 www.carlsbadca.gov JAN 12 8 1-••. j-~. "1'-= 'J D I'' /.. li I: :, IJ /' 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 MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) 2. P-1(A) 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, 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 (N/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 Scott Moffatt Corp/Part AG-LC 1695 Faraday Owner LLC Title ___ E_x_e_c_ut_iv_e_V_i_ce_P_re_s_id_e_n_t _ Address __ 6_oo_e_s_tr_e_et_, _s_u_ite_2_2_1_0_ San Diego, CA 92101 OWNER (Not the owner's agent) Title _____________ _ Address ___________ _ 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 individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% 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 may be attached if necessary.) Person Scott Moffatt Corp/Part AG-LC 1695 Faraday Owner LLC Title ------------Executive Vice President Title ______________ _ 600 B Street, Suite 2210 Address _________ _ Address ____________ _ San Diego, CA 92101 Page 1 of 2 Revised 3/22 3. 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 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 with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes 0 No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. I certify that al the above information is true and correct to the best of my knowledge. Scott Moffatt for ownership of 1695 Faraday Ave Print or type name of owner Signature of owner/applicant's age Eric Munoz Print or type name of owner/applicant's agent SAME AS OWNER Signature of applicanUdate SAME AS OWNER Print or type name of applicant P-1(A) Page 2 of 2 Revised 3/22 MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT (this "Agreement") is made as of the I 0th day of June, 2022 (the "Effective Date"), between LPC WEST, INC., a Delaware corporation, having an office at c/o Lincoln Property Company, 600 B Street, Suite 2210, San Diego, California 92101 tt.ention: Scot offatt ("Maffllger"), and G-=LC 695 FAllATIA OWNE .L.C., a Delaware limited liability company having an office at c/o Angelo, Gordon & Co., L.P., 245 Park Avenue, 24th Floor, New York, New York 10167 ("Owner"). W l T N E S S E T H: WHEREAS, Owner is the owner of that certain real property (the "Land"), located at 1695 Faraday Avenue, Carlsbad, California 92008, and more particularly described on Exhibit A attached hereto, together with those certain buildings located thereon (collectively, the "Building") and other improvements located thereon (collectively, the "Improvements") erected thereon (the Land and the Improvements are hereinafter referred to as the "Property"); and WHEREAS, Owner desires to obtain the services of Manager in connection with the management, operation, supervision and maintenance of the Property (all of the foregoing being hereinafter referred to as "Manager's Obligations") and Manager desires to render such services, as more fully described herein, on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the above recitals and for other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITIONS SECTION 1.1. Definitions. The following terms (whether or not underscored) when used in this Agreement, including its preamble and recitals, shall, except where the context otherwise requires, have the following meanings (such meanings to be equally applicable to the singular and plural forms thereof): "Affiliate" means, with respect to any Person, any other Person or group of Persons acting in concert in respect of the Person in question that, directly or indirectly, through one or more intermediaries, Controls, is Controlled by or is under conunon Control with such Person. "Agreement" is defined in the preamble. "Angelo Gordon" means Angelo, Gordon & Co., L.P., a Delaware limited partnership. "Approved Auditor" is defined in Section 5.2(b). "Asset Management Fee" is defined in Section II(A) of Exhibit B. "Audit Report" is defined in Section 5.4. "Budget" is defined in Section 5. l(a). "Building" is defined in the recitals. 4889-0300-3935, V. 6 Page I "Termination Effective Date" is defined in Section l l .2(a). "Termination Fee" shall mean an amount equal to twelve (12) times the monthly installment of the Property Management Fee and the Asset Management Fee paid to Manager for the month preceding the Termination Effective Date; provided, however, in the event that, on the date upon which any Termination Notice is provided, neither of David Binswanger nor Scott Moffatt has day-to-day operating responsibility for the management of the Property, then such amount shall be reduced to six (6) times the monthly installment of the Property Management Fee and the Asset Management Fee paid to Manager for the month preceding the Termination Effective Date. "Termination Notice" is defined in Section 11.2. "Violation" means a violation of any Requirement. "Wages" means the salaries. wages and other compensation and fringe benefits, union dues, insurance, employer's and employees' taxes, and vacation of Personnel. "Work" means any and all repairs. construction, alterations, renovations, replacements or work performed at the Property, including, without limitation, tenant improvements. "Year-End Reporting Template" is defined in Section 5.2(b). ARTICLE 11 APPOINTMENT OF MANAGER; DUTIES OF MANAGER SECTION 2.1 . Appointment of Manager. Subject to the provisions of this Agreement and during the Term, Owner hereby appoints Manager, and Manager hereby accepts such appointment, as Owner's managing agent for the Property to perform all of Manager's Obligations. Manager agrees to perform Manager's Obligations so as to cause the Property to be operated, maintained, listed, leased and renovated in an orderly and efficient manner applicable to buildings of a nature similar to the Property in the market where the Property is located. Manager shall, at all times during the performance of its duties hereunder, act in Owner's best interest with respect to the proper protection of the Property. In this capacity. except as disclosed to and @proved by Owner in writing. Manager shall, at all times deal at arm's length with all third parties and shall serve Owner's interest. Manager shall act in a manner consistent with, and no less than, a high quality manager of other first class buildings of similar. size, type and location, at all times with respect to the proper protection of and accounting for Owner's assets. SECTION 2.2. Duties and Powers of Manager. Without limiting the generality of the provisions of Section 2.1 of this Agreement, Manager agrees, and is hereby granted the authority to do the following: SECTION 2.2.1 . Employ Personnel. Manager agrees to hire, pay, supervise and discharge all Personnel. Unless otherwise agreed to by Owner, all Personnel shall in every instance be the employees or independent contractors of Manager and not of Owner. At the expense of Manager, executive Personnel of Manager shall be charged with the performance of Manager's Obligations under this Agreement and with the general supervision. direction and control of all other Personnel. Manager shall (a) pay all Wages and other benefits properly payable to Personnel, (b) maintain adequate payroll records. (c) remit to the proper authorities all required income and social security withholding taxes, unemployment insurance payments, workers' compensation payments and such other amounts with Page 8 4889-0300-3935, v. 6 DbcuSi~n Envelope ID: F32832DF-2365-45( ,E 14BAA40CC7B IN WITNESS WHEREOF, Owner and Manager have executed this Agreement as of the Effective Date. AG-LC 1695 FARADAY OWNER, L.L.C., a Delaware limited liability company By: AG-LC 1695 Faraday Parent, L.L.C., a Delaware limited liability company, its sole member By: By: AG Real Estate Manager, Inc., a Delaware corporation, its manager ame: ames o Title: Vice President [Signatures continue on following page] {Sign.ature page to Management Agreement -Faraday J r \. Manager: LPC WEST, INC., a Delaware corporation By: Nafue: David Binswanger Title: Senior Executive Vice President [Signatures continue on following page) D&cuSig'n l:nvelope ID: F32832DF-2365-45( . ,E 14BM40CC7B The undersigned has executed this Agreement solely with respect to the rights of the undersigned under Section 13.28 of this Agreement. AG-LC 1695 FARADAY PARENT, L.L.C., a Delaware limited liability company By: AG Real Estate Manager, Inc., a Delaware corporation, its manager By: Doculllgned by: Name: James I o ··· Title: Vice President {Signature page to Management Agreement -Faraday] {city of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.~ov 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 MY§! be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of fil persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Scott Moffatt Corp/Part AG-LC 1695 Faraday Owner LLC Title Executive Vice President ------------Title _____________ _ Add res s __ 6_o_o_s_s _tr e_e_t _, s_u_it_e_2_2_1 o_ Address. ___________ _ San Diego, CA 92101 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of & 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 individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% 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 th~ corporate officers. (A separate page may be attached if necessary.) Person Ed Neff Corp/Part __ s_M_A_c ________ _ Title __ P_r_e_si_d_e_nt ______ _ Title _____________ _ Add 5807 Van Allen Way ress _________ _ Address ___________ _ Carlsbad, CA 92008 Page 1 of2 Revised 3122 . ' .. , ,r 3. 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 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 with 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 additional sheets if necessary. I certify that all the above infonnation is true and correct t owledge. ----==----.. =,-----qirp>P Signature of own~ Ed Neff I Owner of 5801 and 5807 Van Allen Way Print or type name of owner Signature of owner/applicant's a Eric Munoz / HWL Print or type name of owner/applicant's agent Scott Moffatt -Applicant Print or type name of applicant P-1(A) Page 2 of2 Revised 3/22 ' ... . S ... -1·, ;ft .... ACTION BY UNAN,IMOl,JS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF SYSTEMS MACHlNE AUTOMATION COMPONENTS CORPORATION The undersig~ed, constituting aU of the members of the Board of Direc;tors (the "Board") of SYSTEMS MACHINE AUTOMATION COMPONENTS CORPORATION, a California corporation, (the "Company"), Pursuant to Sectio.h 307(b) of the California Corporation Code, and Article 1111 sedion14 ofthe Bylaws, hereby adopt, by unanimous written consent, th'e resolutions befow; RESQ.LVEt>, that Mi~e Pepin, Jim Sibotd, and Gerald Femanc;lez D1rectors ofthe Company be, and is authoriz.eq and dlrected, for and on behalf of the company; to negotiate or otherwise cause such additions, modifications, amendments or deletions to be made to the Re.imbursement agreement and such other agreements, certificates or documer;it;s, as any such officer may approve, and the execution and delivery thereof by any offi.cer of the Company shall he deemed conclusive evidence of the approval· of any such addition, modification, amendment or de1etion; Th(s action by unanimous written consent may be Signed in one or mare counterparts, each of which shali be deemed an original, and aJI of which shall constitute one instr1J:ment. A signature deiivered by fa<:Simile !>hall have the same effect a-s an original. This A~tJon by UnaQimou.s written Cpnsent shall b.e filed with the minutes of the proceedings of the Board. Edward A. Neff ~bruary 21, 2023 , .,, Ospr Rang~! "M' #,:: :z > February 21, 2023 Mike Ferris j)~4:zFebruary 21, 2023 Oor:een Porter ~. ·. . ;ti:ebruary 21, 2023 Geral . feman ez d.,\_; ~~e~ruary 21, 2023 ~ ~February 21, 2023 Da\i'~ Huang C Cicyof Carlsbad PROJECT DESCRIPTION P-1{8) Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov PROJECT NAME: __ 1_6_9_5_F_a_ra_d_a_y_A_v_e_n_ue_-_M_in_o_r_P_U_D_A_m_e_n_d_m_e_n_t ________ _ APPLICANT NAME: Scott Moffatt / LPC West ---------------------------- 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: Minor PUD 2017-0008 approved the construction of three buildings at 5801 and 5807 Van Allen Way, and 1695 Faraday Avenue with corresponding office, manufacturing, and warehouse uses. As allowed by code, a parking modification was granted given the operations of the proposed uses and reciprocal access, maintenance and parking agreement and bound the three lots together. This proposed Minor PUD Amendment is to isolate the building and uses at 1695 Faraday Avenue from the two Van Allen parcels because the currently proposed mix of office (1000 SF), manufacturing (23,000 SF) and warehouse (38,997 SF) generates a parking requirement of 101 spaces which can be adequately parked onsite with stand-alone compliance given the 102 existing parking spaces onsite. The two Van Allen Way parcels will be subject to an updated parking assessment via this Minor PUD Amendment to secure a parking modification for the continued use and operations onsite and separate from 1695 Faraday Avenue. Therefore, the three parcels will continue to be bound by a revised reciprocal access and maintenance agreement. However, the reciprocal parking element will only apply to the two Van Allen parcels. 1695 Faraday will not be bound by any joint parking agreement since it can comply onsite with its parking requirement. Prior to this Minor PUD Amendment submittal, a Prelim Review was processed resulting in a supportive staff response letter dated June 14, 2022, which is attached to this application and is incorporated by reference. This Minor PUD Amendment seeks to implement the entitlements necessary to isolate 1695 Faraday from the parking agreement and facilitating that parcel to be sold to another entity while maintaining reciprocal access and maintenance with the two Van Allen parcels via related conditions of approval. P-1(8) Page 1 of 1 Revised 3/22 C Cicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES . -~TATEMENT JAN l 2 2023 P-1 (C) .) Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 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 California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): [xi 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 !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: Scott Moffatt /AG-LC 1695 Faraday Owner LLC Name: SAME AS APPLICANT Address: ____ 60_0_B_S_t_re_e_t,_S_u_it_e_2_2_1_0 __ _ San Diego, CA 92101 Phone Number: __ 6_1_9_.2_3_0_.8_8_8_1 ______ _ Address: __________ _ Phone Number: __________ _ Address of Site: __ 5_8_0_1_a_n_d_5_8_0_7_V_a_n_A_l_le_n_W_a_y;_a_n_d_1_6_9_5_F_a_ra_d_a_y_A_v_e_n_u_e _______ _ Local Agency (City and county): ___ C_it_y_o_f_C_a_rl_sb_a_d_,_S_a_n_D_i_eg_o_C_o_un_t_y _________ _ Assessor's book, page, and parcel number: __ 2_1_2_.1_2_0_.0_1_/0_2_;_a_n_d_2_1_2_.1_3_0_.3_4 _______ _ Specify list(s): ____ N_IA _________________________ _ N/A Regulatory Identification Number: _______________________ _ Date of List: ___ N_I_A ________________ ~---------- Owner for 1695 Faraday Avenue The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 3/22 Ccityof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 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 California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): [xi 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 a.!:! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: Scott Moffatt /AG-LC 1695 Faraday Owner LLC Name: Ed Neff ----------- Address: 600 B Street, Suite 221 O Address : 5807 Van Allen Way San Diego, CA 92101 Carlsbad, CA 92002 Phone Number:. __ 6_1_9_.2_3_0_.8_8_8_1 _____ _ Phone Number: 760.929.7575 Address of Site: __ s_0_0_1 _a_nd_5_80_7_V_a_n_A_l_le_n_w_ay_;_a_n_d_1_6_9_5_F_a_ra_d_a_y _A_ve_n_u_e ______ _ Local Agency (City and County): ___ C_ity_of_C_a_r_ls_b_a_d,_S_a_n_D_i_e_go_C_o_un_ty _________ _ Assessor's book, page, and parcel number:. __ 2_1_2_.1_2_0_.0_1_/0_2_; _an_d_21_2_.1_3_0_.3_4 _______ _ Specify list(s): ___ N_I_A ________________________ _ N/A Regulatory Identification Number: ______________________ _ Date of List: ___ N_IA _________________________ _ lJ L Owner for 5801 and 5807 Van Allen Way The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 3/22 C Cicyof Carlsbad JAN 12 EIA INFORMATION FORM P-1(D) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov 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 clarity 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. P-1(0) Page 1 of 4 Revised 3/22 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): ___________________________ _ General Information 1. 2. 3. 4. 5. 6. 7. 8. 9. 1695 Faraday Avenue -Minor PUD Amendment Name of project: __________________________ _ Name of developer or project sponsor: __ L_P_C_W_e_s_t _-_s_c_ott_M_o_ff_a_tt _________ _ Address: ______ 6_o_o_s_s_tr_e_et_, _s_u_ite_2_2_1 o ______________ _ City, state, Zip Code: ___ s_a_n_D_i_e_go_,_c_A_9_2_1_0_1 ______________ _ Phone Number: ____ 6_1_9_.2_3_0_.8_8_8_1 ________________ _ Name of person to be contacted concerning this project: __ E_ri_c_M_u_n_o_z_-_H_W_L _____ _ Address: ___ 2_8_8_8_L_o_k_e_r _A_v_en_u_e_E_a_st_;_, _S_u_it_e_2_1_7 ______________ _ City, State, Zip Code: Carlsbad, CA 92010 Phone Number: 760.277.3852 Address of Project: __ 5_80_1_an_d_58_0_7_V_an_A_lle_n_W_a_y_, _an_d_16_9_5_Fa_r_a_d_ay;__A_ve_n_u_e ___ _ Assessor's Parcel Number: 212.120.01/02 and 212.130,34 --------------'------------- 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: PUD Amendment to Minor PUD 2017-0008 Existing General Plan Land Use Designation: _P_I_-_P_la_n_n_e_d_l_n_d_u_st_ri_a_l ________ _ C-M Existing zoning district: ________________________ _ Existing land use(s): Three existing buildings with Office, Manufacturing and Warehouse uses Proposed use of site (Project for which this form is filed): Continued land uses onsite; PUD Amendment is to isolate 1695 Faraday from current joint parking agreement Project Description 10. Site size: 10 acres: 1695 Faraday@4.1 + 5807 Van Allen@ 2.83 + 5801 Van Allen@ 3.07 acres 11. 12: 13. 14. P-1(D) Proposed Building square footage: __ N_I_A __________________ _ Number of floors of construction: N/A ---------------------- Amount of off-street parking provided: __ 2_5_1_s_p_a_ce_s_e_xi_st_in_g ___________ _ Associated projects: __ N_/_A ______________________ _ Page2 of4 Revised 3/22 15. If residential, include the number of units and schedule of unit sizes: __ N_IA _______ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _____________________ _ N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ NIA ; No change to existing/permitted uses onsite 18. If institutional, 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 of4 Revised 3/22 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D ~ alteration of ground contours. 21 . Change in scenic views or vistas from existing residential areas or public lands or D ~ roads. 22. Change in pattern, scale or character of general area of project. D ~ 23. Significant amounts of solid waste or litter. D 6u 24. Change in dust, ash, smoke, fumes or odors in vicinity. D 6u 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D [i] alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D [i] 27. Site on filled land or on slope of 10 percent or more. D [i] 28. Use of disposal of potentially hazardous materials, such as toxic substances, D Ii] flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ □ Ix] [i] 31 . Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: 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. NO CHANGE TO EXISTING USES; NO CONSTRUCTION 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. NO CHANGE TO EXISTING USES; NO CONSTRUCTION Certification MINOR PUD AMENDMENT TO ISOLATE 1695 FARADAY FROM VAN ALLEN PARCELS AND EXISTING JOINT PARKING AGREEMNT VIA STAND ALONE PARKING COMPLIANCE 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: _£-"-',/U.-<.,..__c....c_· __ frl __ U'l/\. __ -_%~----- (-f W l For: P-1(0 ) Page 4 of 4 Revised 3/22 C Cicyof Carlsbad JAN 12 2023 TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 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 h ther all requirements are necessary for your particular application) please call (44 ) 33 - Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 3/22 Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov PURPOSE CLIMATE ACTION PLAN -CONSISTENCY CHECKLIST P-30 JAN 12 2023 J ( City of Carlsbad In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). * *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section 15183.S(b). Please consult with the Planning Department for further guidance. Additional information may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report. This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that require discretionary review. The specific applicable requirements outlined in the checklist shall be required as conditions of project approval for CAP compliant projects with streamlined GHG emissions assessments. This checklist (i.e. Form P-30) is complementary to the checklist provided in Form B-50, which is specific to building permits and required for building permit applications. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad v!iebsite. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. • If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. • The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 Revised 6/22 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? □ If "YK', proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Oimate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTCOie/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTC02e/year screening threshold. If "YK', proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEOA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: 1695 Faraday Avenue: PUD Amendment to isolate from joint parking agreement Property Address/APN : 5801 and 5807 Van Allen Way, and 1695 Faraday: APN's 212.120.01/02 and 212.130.34 Applicant Name/Co.: Applicant Address: Contact Phone: Contact Email: Contact information of person completing this checklist (if different than above): Name: Eric Munoz Contact Phone: 760 .277 .3852 Company name/address: HWL -2888 Loker Avenue East, 217 Contact Email: emunoz@hwl-pe.com Carlsbad, CA 92010 Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. D Alterations: D BPV < $60,000 D BPV ~ $60,000 D Electrical service panel upgrade D BPV ~ $200,000 D New construction D Alterations: P-30 N/A lA and 4A 4A lA and 4A Page 3 of 7 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed NO NEW CONSTRUCTION Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist □ BPV ~ $200,000 or additions ~ 1B, 5 1,000 square feet □ BPV ~ $1,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area □ ~ 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV ~ $200,000 Please refer to carlsbad Ordinance No. CS-347 and the california Green Building Standards Code (CALGreen) for more information when completing this section. A. D Residential addition or alteration i! $60,000 building permit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements D Before 1978 Select one: □ Duct sealing □ Attic insulation □Cool roof □ 1978 and later Select one: □ Lighting package □ Water heating package □ Between 1978 and 1990 □ 1991 and later B. D Nonresidential* new construction or alterations~ $200,000 building permit valuation, or additions i! 1,000 square feet. See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3. AS.203.1.1.1 □ Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 □ Restaurant service water heating (comply with california Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: □ .9S Energy budget □ .90 Energy budget AS.211.1. •• □ On-site renewable energy AS.211.3** □ Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.1 □ Elevators and escalators AS.213.1 D Steel framing P-30 Page 4 of 7 □ N/A _________ _ □ Exception: Home energy score i! 7 (attach certification) Multi-family Requirements □ Attic insulation Select one: □ Attic insulation □ Duct Sealing □ Cool roof Select one: □ Lighting package □ Water heating package IX N/A NO NEW CONSTRUCTION OR AL TERA TIONS PROPOSED □ N/A □ N/A □ N/A □ N/A □ N/A □ N/A Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist □ N/A • Includes hotels/motels and high-rise residential buildings •• For alterations,!: $1,000,000 BPVand affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with california Energy Code section 120.10 instead. A. D Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 califomia Energy Code section 150.l(c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. calculated kWdc* sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception D D D D kWdc B. D Nonresidential new construction or alterations l!!$1,000,000 BPV and affecting l!!75% existing floor area, or addition that increases roof area by l!!2,000 square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one ofthe following methods: D Gross Floor Area (GFA) Method GFA: D If< 10,000s.f. Enter: 5 kWdc Min. System Size: □ If l!! 10,000s.f. calculate: 15 kWdc x (GFA/10,000} ** ___ kWdc **Round building size factor to nearest tenth, and round system size to nearest whole number. D Time-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc N/A ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of 7 Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist A. D Residential and hotel/motel new construction Please refer to cartsbad Ordinance CS-347 and CS-348 when completing this section. □ For systems serving individual dwelling units choose one: □ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) □ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.l(c) 14 (for low-rise residential) □ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification □ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors □ Exception: □ For systems serving multiple dwelling units, install a central water-heating system with all of the following: D Gas or propane water heating system □ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) □ Solar water heating system that is either: □ .20 solar savings fraction □ .15 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (attach documentation): D Solar-thermal □ Photovoltaics □ Recovered energy □ Water heating system is (choose one): □ Heat pump water heater □ Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction □ Exception: A. D Residential New construction and major alterations• Please refer to Carlsbad Ordinance CS-349 when completing this section. □ One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required □ Exception : □ Multi-family residential· □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable I Ready I Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed = Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.") I I Installed N/A I I Total P-30 Page 6 of 7 Revised 06/22 .. City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: {l) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation .!! $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings {three units or more without attached garages), alterations have a building permit valuation.!! $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B D Nonresidential new construction (includes hotels/motels) □ Exception · N/A Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required rv Spaces Number of required ME Installed Spaces □ 0-9 1 1 □ 10-25 2 1 □ 26-50 4 2 □ 51-75 6 3 □ 76-100 9 5 □ 101-150 12 6 □ 151-200 17 9 □ 201 and over 10 percent of total 50 percent of Required EV Spaces A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADTTable. Use GFA Employee ADT /1,000 S.F. Total Employee ADT II.I/ LI. NO NEW CONSTRUCTIOI ~ OR AL TERA TIC >NS PROPOSED Total If total employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TDM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LDE) staff to determine whether this policy applies to your project. TOM plan required: Yes D No D LDE Staff Verification: O _____ (staff initials) P-30 Page 7 of7 Revised 06/22 ~Chicago Title Company JAN 12 2023 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521 -3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00186051-993-SD2-CFU Cushman & Wakefield 12830 El Camino Real, Ste 100 San Diego, CA 92130 ATTN: Weston Yahn Email: Weston.yahn@cushwake.com REF: Main Office Line: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com PROPERTY: 1695 FARADAY AVE, CARLSBAD, CA PRELIMINARY REPORT 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 Exclusions 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 ALT A 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, a Florida corporation. 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 al/ liens, defects and encumbrances affecting title to the land. Chicago Title Company ~ By: __ ___,_ ____ _ Authorized Signature CLTA Preliminary Report Form -Modified (11 /17/06) Br-WI/~ MlchaclJ. Nolan ~idcnt A1TEST, /'(IA}~~- t7M:irjoric Nemzun Stcretary Page 1 - ~Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: November 14, 2022 at 7:30 a.m. ORDER NO.: 00186051-993-SD2-CFU The form of policy or policies of title insurance contemplated by this report is: ALTA Standard Owner's Policy (6-17-06) ALTA Extended Loan Policy (6-17-06) ALTA Standard Loan Polley (6-17-06) 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee as to Parcel(s) A Easement(s) more fully described below as to Parcel(s) B, C and D 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: AG-LC 1695 FARADAY OWNER, L.L.C., a Delaware limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CL TA Preliminary Report Form -Modified (11/17/06) Page2 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION --Chicago Title Company ORDER NO.: 00186051-993-5D2-CFU THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 109 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 5, 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, MAY 16, 1991. EXCEPTING THEREFROM UNTO GRANTOR, ITS SUCCESSORS AND ASSIGNS, ALL OIL, GAS, COAL AND IRON AND ALL OTHER MINERALS AND RIGHTS THERETO IN, UNDER OR THAT MAY BE PRODUCED FROM SAID LANDS, TOGETHER WITH THE SOLE, EXCLUSIVE AND PERPETUAL RIGHT TO EXPLORE FOR, REMOVE AND DISPOSE OF SUCH OIL, GAS, COAL, IRON AND OTHER MINERALS BY ANY MEANS OR METHODS SUITABLE TO GRANTEE, ITS SUCCESSORS AND ASSIGNS, BUT WITHOUT (1) ENTERING UPON OR UNDER OR USING THE SURFACE OF SAID LANDS OR ANY AREA UNDER SAID LANDS ABOVE A PLANE FIVE HUNDRED FEET (500') BELOW THE SURFACE OF SAID LANDS, OR (2) DAMAGING THE SURFACE OF SAID LANDS OR INTERFERING WITH THE USE THEREOF BY GRANTOR, ITS SUCCESSORS AND ASSIGNS AS RESERVED BY UNION PACIFIC LAND RESOURCES CORPORATION, A NEBRASKA CORPORATION, UPLAND INDUSTRIES CORPORATION, A NEBRASKA CORPORATION, UPLAND INDUSTRIAL DEVELOPMENT COMPANY, A NEBRASKA CORPORATION, UNION PACIFIC RESOURCES COMPANY, A DELAWARE CORPORATION, UNION PACIFIC RESOURCES GROUP INC., A UTAH CORPORATION, AND ROCK SPRINGS ROYAL TY COMPANY, A UTAH CORPORATION BY DEED RECORDED DECEMBER 15, 1995 AS FILE NO. 1995-0573902, OFFICIAL RECORDS. PARCEL B: NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THE THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CARLSBAD RESEARCH CENTER, RECORDED JUNE 29, 1988 AS FILE NO. 88-313240, AS AMENDED BY THE FOURTH AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CARLSBAD RESEARCH CENTER, RECORDED SEPTEMBER 18, 2001 AS INSTRUMENT NO. 2001-0671492, BOTH, OF OFFICIAL RECORDS. PARCEL C: AN ACCESS EASEMENT OVER THE NORTHERLY 200 FEET OF THE EASTERLY 30 FEET OF LOT 108 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 5, 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, MAY 16, 1991, AS SET FORTH IN THE RECIPROCAL EASEMENT AGREEMENT RECORDED NOVEMBER 15, 1996 S INSTRUMENT NO. 1996-0580423, OF OFFICIAL RECORDS. CLTA Preliminary Report Form -Modified (11/17/06) Page 3 .. PRELIMINARY REPORT YOUR REFERENCE: PARCEL D: EXHIBIT A (Continued) Chicago Title Company ORDER NO.: 00186051-993-5D2-CFU A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR PARKING AS SET FORTH IN THAT CERTAIN JOINT USE PARKING AGREEMENT RECORDED NOVEMBER 21, 2018 AS INSTRUMENT NO. 2018-0485138, OF OFFICIAL RECORDS. APN: 212-130-34-00 CLTA Preliminary Report Form -Modified (11/17/06) Page4 .. .. ,,,.. PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00186051-993-5D2-CFU EXCEPTIONS 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 personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 212-130-34-00 2022-2023 $32,392.80, paid. $32,392.80, OPEN (Delinquent after April 10) $3,249.28 $0.00 09094 B. A notice of special tax lien pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and/or Section 53328.3 of the Government Code. The special tax is authorized to be imposed within a Community Facilities District which has now been officially formed. Said taxes are collected through the annual tax bill. None due and payable as of Date of Policy. Formed by: District No: Recording Date: Recording No: and Recording Date: and Recording No: and Recording No: and Recording No: City of Carlsbad Community Facilities District No. 1 May 20, 1991 1991-0236959, Official Records March 14, 2003 2003-0289327 2003-289328 2003-0289329, all of Official Records C. A Notice of Reassessment for Reassessment District No. 97-1 (Alga Road and College Boulevard}, recorded December 18, 1997 as File No. 1997-0643903, Official Records. None yet due or payable. D. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, 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 on or after the Date of Policy. None due and payable as of Date of Policy. 1. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording No: Agreement for Drainage Carlsbad Research Center and the City of Carlsbad November 3, 1986 86-501526, Official Records Reference is hereby made to said document for full particulars. CL TA Preliminary Report Form -Modified (11/17/06) Page 5 .. .. PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00186051-993-5D2-CFU 2. Covenants, conditions, restrictions and easements, but omitting any covenants or restrictions, if any, including but not limited to those based upon age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, 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. None due and payable. Recording Date: June 29, 1988 Recording No: 88-313420, Official Records 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 is stated to be subordinate to the lien of a first mortgage or first deed of trust made in good faith or for value. The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by an instrument Recording Date: Recording No: December 8, 1992 1992-0786590, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: June 1, 1995 Recording No: 1995-0230848, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: Recording No: Recording Date: Recording No: September 18, 2001 2001-0671492, Official Records February 8, 2012 2012-0073464, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: Recording No: August14,2014 2014-0349821, Official Records 3. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: A Hold Harmless Agreement for Drainage December 21, 1990 Upland Industries Corporation and The City of Carlsbad May 6, 1991 1991-0208521, Official Records Reference is hereby made to said document for full particulars. Cl TA Preliminary Report Form -Modified (11/17/06) Page 6 .. PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00186051-993-5D2-CFU 4. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: An Agreement to Pay Bridge and Thoroughfare Fees April 24, 1991 Upland Industries Corporation, a Nebraska Corporation and The City of Carlsbad May 6, 1991 1991-0208522, Official Records Reference is hereby made to said document for full particulars. None yet due or payable. 5. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: 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 April 24, 1991 Upland Industries Corporation, a Nebraska Corporation and The City of Carlsbad May 6, 1991 1991-0208523, Official Records Reference is hereby made to said document for full particulars. None yet due or payable. 6. Matters contained in that certain document Entitled: Dated: Reciprocal Easement Agreement November 14, 1996 Executed by: Union Pacific Railroad Company, a Utah Corporation and Stephen Hoffman, a single man Recording Date: November 15, 1996 Recording No: 1996-0580423, Official Records Among other things, said Agreement provides for: An easement for ingress and egress over a portion of the Land as described therein. Reference is hereby made to said document for full particulars. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District Water line November 17, 1997 1997-0578276, Official Records as described therein CLTA Preliminary Report Form -Modified (11/17/06) Page 7 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00186051-993-SD2-CFU 8. Easement(s} for the purpose(s} shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Coxcom, Inc. d/b/a Cox Communications San Diego, a Corporation Public utility, ingress and egress February 27, 2007 2007-0130952, Official Records as described therein 9. Matters contained in that certain document Entitled: Dated: Landscape and Maintenance Easement June 27, 2009 Executed by: Systems Machines Automation Components Corporation, a California Corporation and Allen J. Blackmore, Trustee of the Blackmore Family Trust Recording Date: June 24, 2009 Recording No: 2009-0346261, Official Records Reference is hereby made to said document for full particulars. 10. Matters contained in that certain document Entitled: Median Maintenance Agreement By and Between: Carlsbad Research Center, a California Common Interest Development Company and City of Carlsbad Recording Date: December 9, 2014 Recording No: 2014-0542598, Official Records Reference is hereby made to said document for full particulars. Matters contained in that certain document Entitled: Ratification of Amendment No. 1 to Extend the Median Maintenance Agreement with Carlsbad Research Center Dated: December 19, 2019 Executed by: City of Carlsbad, a municipal corporation and Carlsbad Research Center, a California Common Interest Development company Recording Date: August28,2020 Recording No: 2020-0494954, Official Records Reference is hereby made to said document for full particulars. 11. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Joint Use Parking Agreement August27,2018 Systems, Machines, Automation Components Corporation November 21, 2018 2018-0485138, Official Records Reference is hereby made to said document for full particulars. CL TA Preliminary Report Form -Modified ( 11 /17 /06) Page8 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00186051-993-SO2-CFU 12. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey, Job No.: Dated: Prepared by: Matters shown: 22038 May 10, 2022, last revised June 09, 2022 Excel Engineering A) Utility structures not residing in easement of record. B) Cross lot access across a portion of the easterly boundary as evidenced by an access drive. C) Curbs cross the easterly boundary of the property. 13. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: $24,429,000.00 September 13, 2022 Trustor/Grantor: Trustee: AG-LC 1695 FARADAY OWNER, L.L.C., a Delaware limited liability company Fidelity National Title Company Beneficiary: Recording Date: Recording No: Western Alliance Bank, an Arizona corporation September 14, 2022 2022-364336 of Official Records 14. Water rights, claims or title to water, whether or not disclosed by the public records. 15. Matters which may be disclosed by an inspection and/or by a correct ALT A/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 16. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (11/17/06) Page 9 .. PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION --) Chicago Title Company ORDER NO.: 00186051-993-$D2-CFU 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: AG-LC 1695 FARADAY OWNER, L.L.C., a Delaware limited liability company a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. END OF REQUIREMENTS CL TA Preliminary Report Form -Modified (11/17/06) Page 10 • PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00186051-993-$D2-CFU 1. None of the items shown in this report will cause the Company to decline to attach ALT A Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 2. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 1695 Faraday Ave, located within the city of Carlsbad, California, , to an Extended Coverage Loan Policy. 3. Note: 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. 4. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 5. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 6. The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies: A. 2006 ALTA Owner's Policy (06-17-06). 6. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. B. 2006 ALTA Loan Policy (06-17-06). 8. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 9. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. C. ALTA Homeowner's Policy of Title Insurance (12-02-13) and CLTA Homeowner's Policy of Title Insurance (12-02-13). 10. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. D. ALTA Expanded Coverage Residential Loan Policy -Assessments Priority (04-02-15). 12. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 13. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. CL TA Preliminary Report Form -Modified (11/17/06) Page 1 PRELIMINARY REPORT YOUR REFERENCE: ,,.. INFORMATIONAL NOTES {Continued) E. Cl TA Standard Coverage Policy 1990 (11-09-18). -Chicago Title Company ORDER NO.: 00186051-993-SD2-CFU 7. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members. 8. Any claim of invalidity, unenforceability, or lack of priority of the lien of the insured mortgage based on the application of a tribe's law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage. 7. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/gp Cl TA Preliminary Report Form -Modified (11/17/06) Page 2 .. ::}WIRESAFE. I 1nquirebeforeyouwire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Page 1 WIRE0016 (OSI Rev. 12/07117) • • ~Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company CTC -Chicago Title company CL TC -Commonwealth Land Title Company FNTC -Fidelity National Title Company of California FNTCCA -Fidelity National Title Company of California TICOR -Ticor Title Company of California L TC -Lawyer's Title Company SL TC -Servicelink Title Company Available Discounts DISASTER LOANS (CTIC, CL TIC, FNTIC) Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company FNTIC -Fidelity National Title Insurance Company FNTIC -Fidelity National Title Insurance Company CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company CTIC -Chicago Title Insurance Company The charge for a Lender's Pdicy (Standard or Extended coverage) covering the financing or refinancing by an owner of recad, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts (Rev. 01-15-20) MISC0164 (DSI Rev. 03/12/20) Last Saved: November 17, 2022 by GP Escrow No.: 00186051-993-$D2-CFU FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective August 1, 2021 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. August 1, 2021) MISC0219 (DSI Rev. 07/29/21) Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 00186051-993-5D2-CFU • to nonaffiliatecl third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. August 1, 2021) MISC0219 (DSI Rev. 07/29/21) Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 00186051-993-5D2-CFU " Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, visit FNF's Opt Out Page or contact us by phone at (888) 714-2710 or by mail to: FNF Privacy Statement (Eff. August 1, 2021) MISC0219 (DSI Rev. 07/29/21) Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00186051-993-5D2-CFU ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk a.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; Attachment One -CA (Rev. 05-06-16) Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 AL TA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 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 11(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 {Except as provided in Schedule B -Part II,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One -CA (Rev. 05-06-16} Page 2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. {PARTI {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: 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 Title 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.} PARTII In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:} 2006 AL TA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 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: {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: 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 in 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 Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. } 7. {Variable exceptions such as taxes, easements, CC&R's, etc. shown here.} Attachment One -CA (Rev. 05-06-16) Page 3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. .; r ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY-ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(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 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. 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 Title 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 11 (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. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One -CA (Rev. 05-06-16) Page 4 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. l r ' JJ , ; A I I I r I l! I I I I I 7 •• • • • • • • • • • •• ' .. i ~ I~ • li l Ii : i • i ~ Q I " I • . I\ • • I • • • . ~ : ~= ! ~ I I I .. . .. .. .. I• • • • • IA 9 Th i s ma p / p l a t Is be i n g fu r n i s h e d as an aid in lo c a t i n g th e he r e i n de s c r i b e d La n d In re l a t i o n to ad j o i n i n g st r e e t s , na t u r a l bo u n d a r i e s an d oth e r la n d , an d Is no t a su l V 8 y of th e la n d de p i c t e d . Ex c e p t to th e ex t e n t a po l i c y of lt t l e In s u r a n c e is ex p r e s s l y mo d W l e d by en d o r s e m e n ~ ff an y , th e co m p a n y do e s no t In s u r e dim e n s i o n s , dis t a n c e s , lo c a t i o n of ea s e m e n t s , ac r e a g e or ot h e r ma t t e r s sh o w n th e r e o n . Or d e r : 18 6 0 5 1 Pa g e 1 of 1 Re q u e s t e d By : Mi c h a e l Mo o r e , Pr i n t e d : 11 / 1 7 / 2 0 2 2 1 : 3 8 PM Do c : 21 2 - 1 3 MA P AS S E S S O R ~Chicago Title Company -__) 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 JAN 12 2023 r -J Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00186289-993-5D2-CFU Cushman & Wakefield 12830 El Camino Real, Ste 100 San Diego, CA 92130 ATTN: Weston Yahn Email: Weston.yahn@cushwake.com REF: Main Office Line: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com PROPERTY: 5801 AND 5807 VAN ALLEN WAY, CARLSBAD, CA PRELIMINARY REPORT 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 Exclusions 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 ALT A 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, a Florida corporation. 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. Chicago Title Company By: ~ Authorized Signature CL TA Preliminary Report Form -Modified (11 /17/06) By. ~cl~ Michael). Nolan Praidc:nt A'ITEST: /If_~~~ '7M.u~,rie Nenuura S«rrtuy Page 1 .. ~Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: November 15, 2022 at 7:30 a.m. ORDER NO.: 00186289-993-SD2-CFU The form of policy or policies of title insurance contemplated by this report is: ALTA Standard Owner's Policy (6-17-06) ALTA Extended Loan Policy (6-17-06) ALTA Standard Loan Polley (6-17-06) 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 Easement(s) more fully described below as to Parcel(s) 2A and 2B 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: SYSTEMS, MACHINES, AUTOMATION COMPONENTS CORPORATION, a California corporation, as to Parcel 1; and SYSTEMS MACHINES AUTOMATION COMPONENTS CORPORATION, a California corporation, as to Parcel 2 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. Cl TA Preliminary Report Form -Modified (11/17/06) Page 2 .. PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00186289-993-$D2-CFU THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 74 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987. -- APN: 212-120-02-00 PARCEL 2: PARCEL A: LOT 75 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987. -- PARCEL B: AN EASEMENT FOR LANDSCAPING AND MAINTENANCE PURPOSES OVER A PORTION OF LOT 109 OF THE CITY OF CARLSBAD TRACT NO. 85-24 UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815, AS SET FORTH IN THAT CERTAIN "LANDSCAPE AND MAINTENANCE EASEMENT" RECORDED JUNE 24, 2009 AS INSTRUMENT NO. 2009-0346261, OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT 109 OF CITY OF CARLSBAD TRACT NO. 85-24 UNIT NO. 5, 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 MAY 16TH, 1991 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 109, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF FARADAY AVENUE (84 FEET WIDE); THENCE SOUTH 58° 48' 20" WEST A DISTANCE OF 40.76 FEET, THENCE SOUTH 22° 44' 04" WEST A DISTANCE OF 260.97 FEET; THENCE SOUTH 26° 09' 22" EAST A DISTANCE OF 37.36 FEET TO THE EASTERLY LINE OF LOT 109; THENCE NORTH 12° 20' 45" EAST A DISTANCE OF 23.01 FEET TO THE SOUTHWESTERLY CORNER OF LOT 75 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 4 ACCORDING TO MAP THEREOF NO. 11811 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 19, 1987; THENCE ALONG THE WESTERLY LINE OF SAID LOT 75 NORTH 22° 44' 04" EAST A DISTANCE OF 295.85 FEET TO THE POINT OF BEGINNING. APN: 212-120-01-00 CLTA Preliminary Report Form -Modified (11/17/06) Page 3 _,,. PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00186289-993-SD2-CFU EXCEPTIONS 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 personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 212-120-01-00 2022-2023 $55,398.33, OPEN (Delinquent after December 10) $5,539.83 $55,398.33, OPEN (Delinquent after April 10) $5,549.83 $0.00 09094 B. Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: Delinquent: 2nd Installment: Penalty: Delinquent: Code Area: Supplemental Bill No.: 212-120-01-00 2021 $8,528.71, OPEN $852.87 December 10, 2022 $8,528.71, OPEN $862.87 April 10, 2023 09094 819-227-43-81 C. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 212-120-01-00 2022-2023 $28,383.77, OPEN (Delinquent after December 10) $2,838.37 $28,383.77, OPEN (Delinquent after April 10) $2,848.37 $0.00 09094 D. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, 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. CL TA Preliminary Report Form -Modified (11/17/06) Page4 ., ... PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00186289-993-SO2-CFU E. A Notice Entitled: For: Executed by: Recording Date: Recording No: EXCEPTIONS (Continued) Notice of Assessment Assessment District No. 85-2 (College Boulevard) City of Carlsbad March 26, 1986 86-116366, of Official Records Reference is hereby made to said document for full particulars. The Company requires a current demand from the taxing agency regarding the payment of this lien prior to closing. F. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows: CFD No: For: Disclosed by: Recording Date: Recording No.: 1 Community Facilities District No. 1 Notice of Special Tax Lien May 20, 1991 1991-0236959, of Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Carlsbad, County of San Diego. The tax may not be prepaid. Notice of Cancellation of Special Tax Lien Recording Date: Recording No.: Affects: G. A Notice Entitled: For: Executed by: Recording Date: Recording No: November 4, 1997 as Instrument No. 1997-0554 721, Official Records Parcel 1 Notice of Reassessment Reassessment District No. 97-1 (Alga Road and College Boulevard) City of Carlsbad December 18, 1997 1997-0643903, of Official Records Reference is hereby made to said document for full particulars. The Company requires a current demand from the taxing agency regarding the payment of this lien prior to closing. 1. Water rights, claims or title to water, whether or not disclosed by the public records. Cl TA Preliminary Report Form -Modified (11/17/06) Pages PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00186289-993-8D2-CFU THE FOLLOWING MATTERS AFFECT PARCEL 1: 2. Matters contained in that certain document Entitled: Recording Date: Recording No: Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee July 23, 1980 80-230925, of Official Records Reference is hereby made to said document for full particulars. 3. Matters contained in that certain document Entitled: Recording Date: Recording No: Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee July 10, 1985 85-246091, of Official Records Reference is hereby made to said document for full particulars. 4. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage November 3, 1986 86-501526, of Official Records Reference is hereby made to said document for full particulars. 5. Easement{s) for the purpose{s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said Map No. 11811; Purpose: Affects: Recording Date: Drainage and incidental purposes As shown on said map. May 19, 1987 6. Easement{s) for the purpose{s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District Construction, operation, repair, reconstruction, and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water and incidental purposes October 7, 1994 1994-0593469, of Official Records As described therein. CL TA Preliminary Report Form -Modified {11/17/06) Page6 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00186289-993-$D2-CFU 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Carlsbad Municipal Water District Purpose: Construction, operation, repair, reconstruction, and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water and incidental purposes Recording Date: November 17, 1997 Recording No: 1997-0578275, of Official Records Affects: As described therein. 8. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, 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 Recording Date: Recording No: September 18, 2001 2001-0671492, of Official Records 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. Modification(s) of said covenants, conditions and restrictions Recording Date: February 4, 2012 Recording No: 2012-0073464, of Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: August14,2014 Recording No: 2014-0349821, of Official Records 9. Matters contained in that certain document Entitled: Recording Date: Recording No: Median Maintenance Agreement December 9, 2014 2014-0542598, of Official Records Reference is hereby made to said document for full particulars. Matters contained in that certain document Entitled: Ratification of Amendment No. 1 to Extend the Median Maintenance Agreement with Carlsbad Research Center Recording Date: August28,2020 Recording No: 2020-0494954, of Official Records Reference is hereby made to said document for full particulars. Cl TA Preliminary Report Form -Modified (11/17/06) Page 7 .., PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00186289-993-SO2-CFU EXCEPTIONS (Continued) 10. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Joint Use Parking Agreement August27,2018 Systems, Machines, Automation Components Corporation November 21, 2018 2018-0485138, of Official Records Reference is hereby made to said document for full particulars. 11. Any claims for mechanic's liens on said Land that may be recorded by reason of a recent work of improvement that is disclosed by a Notice of Completion Recording Date: February 22, 2022 Recording No: 2022-0079721, of Official Records THE FOLLOWING MATTERS AFFECT PARCEL 2: 12. Matters contained in that certain document Entitled: Dated: Agreement Between Developer-Owner and the City of Carlsbad for the Payment May 6, 1985 Executed by: Recording Date: Recording No: Carlsbad Research Center and the City of Carlsbad July 10, 1985 85-246091, of Official Records Reference is hereby made to said document for full particulars. 13. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording No: Hold Harmless Agreement Carlsbad Research Center and the City of Carlsbad November 3, 1986 86-501526, of Official Records Reference is hereby made to said document for full particulars. 14. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, 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 Recording Date: Recording No: September 18, 2001 2001-0671492, of Official Records 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. CLTA Preliminary Report Form -Modified {11/17/06) Page8 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Modification(s} of said covenants, conditions and restrictions Recording Date: February 8, 2012 Recording No: 2012-0073464, of Official Records Modification(s} of said covenants, conditions and restrictions Recording Date: August14,2014 Recording No: 2014-0349821, of Official Records 15. Matters contained in that certain document Chicago Title Company ORDER NO.: 00186289-993-SO2-CFU Entitled: Agreement for Reimbursement of Cost for the Construction of the Faraday Ave/ Van Allen Way Traffic Signal for the Island @ Carlsbad Development and Traffic Signal Improvement Drawing 383-5C Dated: June 10, 2001 Executed by: City of Carlsbad, a municipal corporation and the "lsland@Carlsbad" LLC, a California limited liability company Recording Date: June 20, 2001 Recording No: 2001-0415716, of Official Records Reference is hereby made to said document for full particulars. 16. Matters contained in that certain document Entitled: Recording Date: Recording No: Median Maintenance Agreement December 9, 2014 2014-0542598, of Official Records Reference is hereby made to said document for full particulars. Matters contained in that certain document Entitled: Ratification of Amendment No. 1 to Extend the Median Maintenance Agreement with Carlsbad Research Center Recording Date: August28,2020 Recording No: 2020-0494954, of Official Records Reference is hereby made to said document for full particulars. 17. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Joint Use Parking Agreement August 27, 2018 Systems, Machines, Automation Components Corporation November 21, 2018 2018-0485138, of Official Records Reference is hereby made to said document for full particulars. Cl TA Preliminary Report Form -Modified (11/17/06) Page9 ... PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00186289-993-5D2-CFU 18. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Hold Harmless Agreement Drainage November 14, 2019 Systems, Machines, Automation Components Corporation, a California corporation and the City of Carlsbad December 18, 2019 2019-0592564, of Official Records Reference is hereby made to said document for full particulars. 19. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Hold Harmless Agreement Geological Failure November 14, 2019 Systems, Machines, Automation Components Corporation, a California corporation and the City of Carlsbad December 18, 2019 2019-0592565, of Official Records Reference is hereby made to said document for full particulars. 20. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Permanent Stormwater Quality Best Management Practice Maintenance Agreement December 10, 2019 Systems, Machines, Automation Components Corporation, a California corporation and the City of Carlsbad, a municipal corporation of the State of California December 18, 2019 2019-0592566, of Official Records Reference is hereby made to said document for full particulars. Cl TA Preliminary Report Form -Modified (11/17/06) Page 10 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00186289-993-$D2-CFU EXCEPTIONS (Continued) THE FOLLOWING MATTERS AFFECT ALL PARCELS: 21. Notice of Intent to Remove Delinquent Special Tax Installments from Tax Roll Executed by: Dated: Recording Date: Recording No.: Carlsbad City County of the City of Carlsbad April 1, 1997 May 7, 1997 1997-0212510, of Official Records For questions concerning the delinquent assessment installment amounts, if any, covered by this notice, contact: City of Carlsbad -Finance Attention: Helga Stover -Accountant 1200 Carlsbad Village Drive Carlsbad, CA 92008 Phone No. (760) 434-2971 22. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: $12,500,000.00 February 17, 2020 Trustor/Grantor Systems, Machines, Automation Components Corporation, a California corporation Trustee: Beneficiary: Recording Date: Recording No: Affects: Ticor Title Company of California Zions Bancorporation, N.A. dba California Bank & Trust February 28, 2020 2020-0103901, of Official Records The herein described Land and other land. The effect of a full reconveyance recorded July 15, 2022 as Instrument No. 2022-0292814, of Official Records, which purports to reconvey the above-mentioned Deed of Trust. No statement is made hereto as to the effect or validity of said reconveyance. The requirement that this Company be furnished with confirmation from the lender that the Deed of Trust has been released prior to issuance of a policy of title insurance. Cl TA Preliminary Report Form -Modified (11/17/06) Page 11 .. PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00186289-993-$D2-CFU 23. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Subordination, Non-Disturbance and Attornment Agreement Systems, Machines, Automation Components Corporation, a California corporation SMC Corporation, a company incorporated under the laws of Japan March 16, 2020 2020-0134791, 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. An agreement recorded March 16, 2020 as Instrument No. 2020-0134791, of Official Records which states that said lease has been made subordinate to the document Entitled: Recording Date: Recording No: Deed of Trust February 28, 2020 2020-0103901, of Official Records Release of Subordination, Non-Disturbance and Attornment Agreement and Estoppal Certificate Recording Date: July 15, 2022 Recording No.: 2022-0292815, of Official Records 24. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 25. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. CLTA Preliminary Report Form -Modified (11/17/06) Page 12 .. PRELIMINARY REPORT YOUR REFERENCE: ( EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00186289-993-$D2-CFU 26. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (11/17/06) Page 13 .. PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION -Chicago Title Company ORDER NO.: 00186289-993-$D2-CFU 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: Systems, Machines, Automation Components Corporation, a California corporation a) A Copy of the corporation By-laws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein 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 The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 2. Prior to the close of escrow, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. 3. Furnish for review a full and complete copy of any unrecorded agreement, contract, license and/or lease together with all supplements, assignments and amendments thereto, prior to the close of this transaction. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 4. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. END OF REQUIREMENTS CL TA Preliminary Report Form -Modified (11/17/06) Page 14 • .. PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00186289-993-5D2-CFU 1. None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 2. The Company is not aware of any matters which would cause it to decline to attach CL TA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 5801 and 5807 Van Allen Way, located within the city of Carlsbad, California, to an Extended Coverage Loan Policy. 3. Note: 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. 4. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 5. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (OTT) Affidavit may be required to be completed and submitted with each document when OTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. OTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 6. The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies: A. 2006 ALTA Owner's Policy (06-17-06). 6. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. B. 2006 ALTA Loan Policy (06-17-06). 8. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 9. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. C. ALTA Homeowner's Policy of Title Insurance (12-02-13) and CLTA Homeowner's Policy of Title Insurance (12-02-13). 10. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. CL TA Preliminary Report Form -Modified (11/17/06) Page 1 • PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES (Continued) Chicago Title Company ORDER NO.: 00186289-993-SD2-CFU D. ALTA Expanded Coverage Residential Loan Policy -Assessments Priority (04-02-15). 12. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 13. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. E. CLTA Standard Coverage Policy 1990 (11-09-18). 7. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members. 8. Any claim of invalidity, unenforceability, or lack of priority of the lien of the insured mortgage based on the application of a tribe's law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage. 7. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/ng CLTA Preliminary Report Form -Modified (11/17/06) Page2 • .. ::}WIRE SAFE. I Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Page 1 WIRE0016 (DSI Rev. 12/07/17) • r ~Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company CTC -Chicago Title company CL TC -Commonwealth Land Title Company FNTC -Fidelity National Title Company of California FNTCCA -Fidelity National Title Company of California TICOR -Ticor Title Company of California L TC -Lawyer's Title Company SL TC -Servicelink Title Company Available Discounts DISASTER LOANS (CTIC, CL TIC, FNTIC) Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company FNTIC -Fidelity National Title Insurance Company FNTIC -Fidelity National Title Insurance Company CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company CTIC -Chicago Title Insurance Company The charge for a Lender's Pdicy (Standard or Extended coverage) covering the financing or refinancing by an owner of recad, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty {40%) to fifty percent {50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts (Rev. 01-15-20) MISC0164 (OSI Rev. 03/12/20) Last Saved: November 28, 2022 by NG Escrow No.: 00186289-993-5O2-CFU • " FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective August 1, 2021 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. August 1, 2021) MISC0219 (DSI Rev. 07/29/21) Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 00186289-993-8D2-CFU .. .. • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out' request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-17 48. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. August 1, 2021) MISC0219 (DSI Rev. 07129121) Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 00186289-993-5D2-CFU • Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, visit FNF's Opt Out Page or contact us by phone at (888) 714-2710 or by mail to: FNF Privacy Statement (Eff. August 1, 2021) MISC0219 (OSI Rev. 07/29/21) Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00186289-993-SD2-CFU • ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building: b. zoning; c. land use: d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date: Attachment One -CA (Rev. 05-06-16) Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. • r c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 AL TA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Llablllty $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 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 11(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 {Except as provided in Schedule B -Part II,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One -CA (Rev. 05-06-16) Page 2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. • ,,- {PART I {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: 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 Title 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.} PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:} 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 1 O); 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 Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 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: {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: 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 in 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 Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. } 7. {Variable exceptions such as taxes, easements, CC&R's, etc. shown here.} Attachment One -CA (Rev. 05-06-16) Page 3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY-ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, pennit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(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 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. 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 Title 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 11(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. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One -CA (Rev. 05-06-16) Page 4 © California Land Title Association. All rights reserved. The use of this Fonn is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express pennission from the California Land Title Association. Escrow No.: Property Address: OWNER'S DECLARATION 00186289-993-SD2-CFU 5801 and 5807 Van Allen Way Carlsbad, CA The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at 5801 and 5807 Van Allen Way, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b. Declarant is the _____________ of _______________ _ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at 5801 and 5807 Van Allen Way, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with ___________ upon the Land in the approximate total sum of $ _____ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: ___________________ ,. Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Chicago Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as ___________________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured lnstrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. This declaration is made with the intention that Chicago Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on at ------------------- Signature: Owner's Declaration MISC0220 (OSI Rev. 10/17/17) Printed: 6/27/2017 2:26 PM by NG Page2 Escrc Owner's Declaration MISC0220 (DSI Rev. 10/17/17) Printed: 6/27/2017 2:26 PM by NG Page 3 Escn