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HomeMy WebLinkAboutSDP 2023-0012; LEGOLAND CALIFORNIA PROJECT 2025; Site Development Plan (SDP)DocuSign Envelope ID: 5A2F6870-8AA4-47DD-B4AC-BCBEDEF7E9F5 ~ ~ City of Carlsbad LAND USE REVIEW APPLICATION P-1 p L DPvPlonmPnt SPrvi~P'- Planning Division 1635 Faraday Avenue A .. (442) 339-2610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits [XI Coastal Development Permit 0 Conditional Use Permit 0 Minor O Extension 0 Day Care (Large) Ix! Minor 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Minor 0 Hillside Development Permit O Minor 0 Nonconforming Construction Permit 0 Planned Development Permit O Minor 0 Residential O Non-Residential 0 Planning Commission Determination 0 Reasonable Accommodation ['g] Site Development Plan 0 Special Use Permit □ Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) 0 Variance O Minor (FOR DEPT. USE ONLY) Legislative Permits I COP~Z-~-00'2. - ISIX'1fl1:S-()D l'L □ General Plan Amendment 0 Local Coastal Program Amendment 0 Master Plan O Amendment 0 Specific Plan 0 Zone Change 0 Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative O Minor O Major Village Review Area Permits 0 Review Permit 0 Administrative O Minor O Major (FOR DEPT. USE ONLY) E NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CALL 442-339-2600 TO MAKE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY -SAME DAY APPOINTMENTS ARE NOT AVAILABLE 211 -1 00-09-00 1 LEGOLAND Drive, Carlsbad, CA 92008 (STREET ADDRESS) LEGOLAND C.a.l ,Corn:o.. Pn,.1e1c..\.-2-o'Z--':> Development of new ride building with indoor roller coaster, exterior "airboat" ride with operator booth/mechanical building and exterior children's play areas. $35,000,000 ESTIMATED COMPLETION DATE July 2025 Development No. 0f\Jl013 ~ 00~\ Lead Case No. S OP'l.02,3 -0{) I 'L __ _ P-1 Page 1 of 6 Revised 3/22 DocuSign Envelope ID: 5A2F6870-8AA4-47DD-B4AC-BCBEDEF7E9F5 OWNER NAME (PLEASE PR~,., ' APPLICANT NAIL. (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME Thomas Storer (if applicable): Kurt Stocks, Director & Vice President (if applicable): COMPANY NAME Merlin Entertainments Group U.S. COfvfPANY NAME Merlin EAtertainments Group U.S. (if applicable): Holdings Inc. (if applicl'lble): ~f Hgldings Inc. MAILING ADDRESS: 1 Legoland Drive MAILING ADD.R s's: t Le9oland Drive CITY, STATE, ZIP: Carlsbad, CA 92008 CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: (760) 918-5300 TELEPHONE: (858) 334-8938 EMAIL ADDRESS: kurt.stocks@legoland.com EMAIL ADDRESS: tom.storer@legoland.com 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 THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR [~by: -PURPOSES n flfl'39~P"P~~CA TION. X brf Sfo<k.s 3/29/2023 X 3/29/2023 SIGNATURE Kt.iii"Stocks DATE SIGNATURE Thomas Storer·· DATE APPLICANT'S REPRESENTATIVE (Print): Richard Apel, R. W. Apel Landscape Architects, Inc. MAILING ADDRESS: 571 Hygeia Ave., Unit B CITY, STATE, ZIP: Encinitas, CA 92024 TELEPHONE: (760) 943-0760 EMAIL ADDRESS: richard.apel@rwaeel.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 KNOWLEDGE. [EZ::Id a~tL X 3/29/2023 SIGNATURE Ri~ha~dgl~p:l • 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 BIN s~ESSORS IN INTEREST. X brf Sf o<ks PROPER SIGNATURE Kurt Stocks FOR CITY USE ONLY P-1 Page 2of6 RECEIVED APR 13 2023 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 3/22 DocuSign Envelope ID: 5A2F6870-8AA4-47DD-B4AC-BCBEDEF7E9F5 I ( City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information 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. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of Ab.b 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.) Merlin Entertainments Group U.S. Person Thomas Storer Corp/Part,_H.;...o;;;..;l.;;;;.di;;..;n"""gs;;;..;.;.ln;.;;.c.;.... ______ _ Title Project Manager Title --------------Address 1 Legoland Dr., Carlsbad CA 92008 Address 1 Legoland Dr., Carlsbad CA 92008 OWNER (Not the owner's agent) 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.) Merlin Entertainments Group U.S. Person Kurt Stocks Corp/Part.__H_o_ld_in_..g_s_ln_c_. ______ _ Title. _ ____,;;D;;.,;i,;.;;re'""c.;.:to;.;..r..:c&;....V,;_;i.:;_ce::....;..,P.;..;;re'-"s=id=e.;;.;.nt::...-_ Title. ______________ _ Address 1 Legoland Dr., Carlsbad CA 92008 Address 1 Legoland Dr., Carlsbad CA 92008 Page 1 of2 Revised 3/22 DocuSign Envelope ID: 5A2F6870-8AA4-47DD-B4AC-BCBEDEF7E9F5 \ 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 all the above information is true and correct to the best of my knowledge. 3/29/2023 X 3/29/202 3 Signature of owner/date Signature of applicant/date Kurt Stocks Thomas Storer Print or type name of owner Print or type name of applicant X 3/29/2023 i296AOP92vbi4F) ... Signature of ewl"ler/applicant's agent if applicable/date Richard Apel Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 3/22 { City of Carlsbad PROJECT DESCRIPTION Development Services Planning Division P-1(8) RECF]Vf ... 0 APR 13 2023 CITY OF CARL~t3AD PLAN NII JG DIV'S ~ 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov PROJECT NAME: __ L_E_G_O_L_A_N_D_C.._0:_\ ,_Co_ r _"'_\0-_?t_ro__J,~\_(..c..,_· -~-b)_1.._~------- APPLICANT NAME: Thomas Storer, Merlin Entertainments Group U.S. Holdings Inc. 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: Please see attached page P-1(B} Page 1 of 1 Revised 3/22 Project Description LEGOLAND California Project 2025 SDP2023-0012/CDP2023-0022 (DEV2023-0061) rev. June 7, 2023 Proposed is the new "LEGO Galaxy" cluster within the existing LEGOLAND theme park. The new attraction area will have a "space" theme where park guests will train for space exploration, meet other intergalactic travelers, and blast off on missions into the LEGO Galaxy! * The project will be located at the site of the existing "Driving School" and "Junior Driving School" attractions, which will be removed. The site is approximately 103,470 s.f. (2.38 acres) in size with a generally flat topography. Existing site development to be removed includes the driving school courses, queues, shade covers, a small retail facility, and landscaping. The major components of the proposed project are as follows: An iconic headline ride--an indoor roller coaster, where guests are launched out in an exploration mission into the uncharted LEGO Galaxy in their own customized LEGO spacecraft. The ride will be housed inside a new single story, 32,319 s.f., forty-four (44) foot high pre-manufactured steel building enhanced with exterior LEGO "space port" theming. Ancillary uses within the building include the ride queue, a LEGO brick building attraction, retail, maintenance, mechanical and storage spaces. There will be a 1,316 s.f. covered, unconditioned outdoor queue. A secondary exterior ride--approximately 4,122 s.f. site area including shaded outdoor queue and 66 s.f. operator building. The proposed ride has three cantilever arms which are lifted by hydraulic actuators and carry a counter rotating gyro element holding four gondolas at its end. The gondolas are designed to accommodate two riders to provide a capacity of up to 24 passengers. A playscape--approximately 1,755 s.f. exterior area featuring a children's play structure with an alien spaceship theme. A toddler play area (''Tot Spot"), approximately 1,234 s.f. exterior area designed for the smallest guests, with LEGO DU PLO play features, shade cover and seating. Proposed site development will include grading, utilities, new hardscape, planting and retrofitting of existing recycled water irrigation systems. Request for approval of increased building height. With this application, the applicant requests approval of increased building height to forty-five (45) feet maximum with allowed architectural protrusions to a maximum height of fifty-five (55) feet. The proposed coaster ride building is a single- story structure with a building height of forty-four (44) feet. Allowed architectural height protrusions are proposed not to exceed forty-five (45} feet in height. Per the Carlsbad Ranch Specific Plan, all buildings within LEGOLAND shall not exceed the height of thirty-five feet or three levels, and allowed height protrusions, as described in Section 21.46.020 of the Carlsbad Municipal Code, shall not exceed forty-five feet. Per the Specific Plan, "Additional building height may be permitted to a maximum of forty-five feet through a Site Development Plan approved by City Council provided that: ... all required setbacks are increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. .. " (other requirements also apply). LEGOLAND has previously increased the setbacks by ten (10) horizontal feet as a part of the conditions of approval for SDP 96-14(A)/CDP 96-16(A). Reference City Council Resolution No. 2000-153. Final landscape construction plans were submitted and approved by the City for the increased setbacks and construction was completed. * Note: All thematic descriptions are preliminary concepts subject to change. DocuSign Envelope ID: 5A2F6870-8AA4-47DO-B4AC-BCBEDEF7E9F5 ( City of Carlsbad HAZARDOUS WASTE oevetooment services AND SUBSTANCES_,,("f. i. STATEMENT r ~ P-1(C) APR 1 3 2023 PLAN Ni 1'3 D 10 Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov 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): !]I The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application m contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Thomas Storer , Merlin Entertainments Name: Group U.S. Holdings, Inc. Address: 1 Legoland Drive Carlsbad, CA 92008 Phone Number: (858) 334-8938 PROPERTY OWNER Kurt Stocks, Merlin Entertainments Name: Group U.S. Holdings, Inc. Address: 1 Legoland Drive Carlsbad, CA 92008 Phone Number: (760) 918-5300 Address of Site: 1 Legoland Drive, Carlsbad, CA 92008 Local Agency (City and County): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number:. _ ___;;;;2-'-1-'-1_-1.....;;0.....;;0_-0;_9;_-...:..0..:..0 _____________ _ Specify list(s):. __ N_o_n_e __________________________ _ Regulatory Identification Number:. _______________________ _ Date of List:. ______________________________ _ X 1~- Lo,A06FA04CCE4F7, 3/29/2023 Applicant Signature/Date Property Owner Signature/Date 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 of 2 Revised 3/22 ( City of Carlsbad EIA INFORMATION FORM P-1(D) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM OPuPlnnmPnt 'aPruirPc 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: t1tu;j 9 1 'iol: 3 (To be completed by City) Application Number(s): SDP '2..PZ-?:> ,. 00,i I cD2i..o23-cn2.2 General Information 1. Name of project: LEGOLAND .C.c,,l~¼~~ ?n,Je,,<-\.-2-Q'Z.,,~ 2. Name of developer or project sponsor: Merlin Entertainments Group U.S. Holdings, Inc. Address: 1 Legoland Drive City, State, Zip Code: Carlsbad, CA 92008 Phone Number: (760) 918-5300 3. Name of person to be contacted concerning this project: _T_h_o_m_a_s_S_t_o_re_r _______ _ Address: 1 Legoland Drive City, State, Zip Code: Carlsbad, CA 92008 Phone Number: (760) 918-5300 4. Address of Project: __ 1_Le_;g:...o_l_an_d_D_ri_v_e _________________ _ Assessor's Parcel Number: 211-100-09-00 ----------------------- 5. List and describe any other related permits and other public approvals required for this project, including ~ose required by city, regional, state.a_nd federal agencies: Site Development Plan & Minor Coastal Development Permit 6. Existing General Plan Land Use Designation: VC, Visitor Commercial 7. 8. Existing zoning district: __ C_-T_-O ____________________ _ Existing land use(s): __ T_h_e_m_e_,_p_a_rk __________________ _ 9. Proposed use of site (Project for which this form is filed): Development of new ride building with indoor roller coaster, exterior "airboat" ride with operator booth/mechanical building and exterior children's play areas. Project Description 10. Site size: 85,156 s.f. (within project boundary line}. LEGO LAND lot size = 132.11 acres) 11. Proposed Building square footage: _3_2__,_,4_2_3_s_.f. _______________ _ 12: Number of floors of construction: __ 1 ___________________ _ 13. Amount of off-street parking provided: 4,871 existing (no new spaces proposed in project). 14. Associated projects: _N_o_n_e_. _____________________ _ P-1(0) Page 2 of 4 Revised 3/22 15. If residential, include the number of units and schedule of unit sizes: _ _;,N..:.:/..:..A..:..._ _____ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _____________________ _ 362 s.f. retail sales space in ride building. Regionally oriented. 17. If industrial, indicate type, estimated employment per shift, and loading facilities: None 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:..:.::.o.:..:.n=.e _____ _ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: _;,N..:..:o::..:n..:..:e::__ ________________ _ P-1(0) Page 3 of 4 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 O IX] alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or 0 roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. □ □ □ □ □ □ □ 29. Substantial change in demand for municipal services (police, fire, water, sewage, 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: □ □ IX] IX] IX] IX] IX] IX] IX] IX] IX] 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. See attached page. 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. See attached page. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Signature: _....:.~--~---~_-_Q,d-___.__ _____ _ Date: _3=/..::::::3~0/:.=2~0=23~----- For: Richard Apel (applicant's agent) P-1(0) Page 4 of 4 Revised 3/22 32. Description of projec .,e: The proposed project is located within the existing LEGOLAND California theme park and will occupy the site of the existing "Driving School" and "Junior Driving School" attractions which will be demolished. The site area encompasses approximately 85,156 s.f. and is generally flat. Existing site development consists of the driving school paved "roadways," ride queues, shade covers and landscaping, all of which will be removed. The existing site contains no native habitat, plants, animals, cultural, historical or scenic aspects. Refer to attached site photos~ 33. Description of surrounding properties: The project is located within the developed LEGOLAND theme park and does not immediately border surrounding properties. Parcels surrounding the LEGOLAND property (APN 211 -100-09-00) are described as follows: To the north: Undeveloped lot (APN 211-023-13-00). To the northeast: Resort hotel and timeshare (Grand Pacific Carlsbad, dba Sheraton Carlsbad Resort and Spa, The Westin Carlsbad Resort & Spa, Hilton Grand Vacations Club MarBrisa Carlsbad). To the east: Municipal golf course (The Crossings Golf Course, APN 212-270-07-00). To the South: Commercial/office (APN 212-040-66-00, 212-040-67-00). Undeveloped/natural (APN 211-040-33-00). To the west: Agriculture (The Flower Fields, APN 21 1-022-21-00), Hotel & Timeshares (Grand Pacific Palisades, APN 211 -022-32-00, 211-022-28-00, 211-11 to 211-52), Restaurant (APN 21 1-022-30-00), Commercial/office (APN 211 -100-06-00, 211-100-04-00, 21 1-100-13-00, 21 1-100-02-00, 211-022-20-00). Note on previous environmental impact assessment: The proposed project is a subsequent activity of the existing LEGOLAND theme park that was previously approved and for which a program EIR was prepared, EIR 94-01 certified by the City Council on January 9, 1996. ' • / existing Site Photos Ir- !*' ----/ I 0 0 O V 0 0 () 1/ 0 O 0 0 0 0 0 0 0 0 0 0 ~---=--0 •• •···· -•• c2'!) ½ -,--[g-1 'fl ® 0 ® @ @) DocuSign Envelope ID: 5A2F6870-8AA4-47DD-64AC-BCBEDEF7E9F5 ( Cicyof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS i "? -., ... Development Services P-1(E) PLEASE NOTE: APR 13 2023 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 whether all requirements are necessary for your particular application) please call (442) 339-2610. L _ _,,,,_,~ A • s· X l8--pphcant 1gnature: w cern•ccc1P Thomas Storer, Merlin Entertainments Group U.S. Holdings, Inc. Staff Signature: Date: 3/29/2023 To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 3/22 ( City of Carlsbad MINOR D~::=!==•-::=:-:t 5=:~·!~=~ COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENC~ ~r~11 ff: APPLICATION .r --~ J ~ .. Planning Division 1635 Faraday Avenue (442) 339-2610 P-6 APR l 3 2023 www .ca rlsbadca .gov Y !-'-Jf-\t!_::,t3Au P!...ANN !:·~S '1 'I" 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 All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ New Residential Square Footage: ______ square feet x $ ____ ./sq. ft. = $ _________ _ ⇒ Residential Addition Square Footage: ______ square feet x $ ___ _ ./sq. ft.=$ _________ _ ⇒ Any Garage Square Footage: ______ square feet x $ ____ ./sq. ft.=$ _________ _ ⇒ Residential Conversion Square Footage: ⇒ ______ squarefeetx$ ___ _./sq.ft. =$. _________ _ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store: Restaurants: Office; and Manufacturing/Warehouse uses.) 32,422 square feet x $ __ /sq. ft.=$ (non-residential) COST OF DEVELOPMENT ESTIMATE: $_;3;_:,5.:....;.,0_0..:..0,'--0..:..00;...._ _______ _ B. Do you wish to apply for: Note: LEGOLAND inner park attraction projects require Minor CDP, even tho canst cost exceeds $60,000. 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) Ix] 2. A Coastal Development Permit ($60,000 or more cost estimate) D C. Street address of proposed development 1 Legoland Dr., Carlsbad, CA 92008 P-6 Page 1 of7 Revised 3/22 0. Assessor's Parcel Number of proposed development 211-100-09-00 E. Development Description: Briefly describe project: Development of new 32,197 s.f. building with indoor roller coaster, exterior "airboat" ride with 225 s.f. mechanical building, shade covers, exterior play structure, grading, utilities and landscaping. F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.} that surround the proposed development to the: North: Vacant lot, hotels and timeshare. South: Commercial office bldgs, undeveloped/natural. East: Municipal golf course. West: Agriculture (Flower Fields), hotel & timeshare, restaurant, commercial office bldgs. G. Is project located within a 100-year flood plain? D Yes [XI No 11. PRESENT USE OF PROPERTY Ill. P-6 A. Are there existing structures on the property? [XI Yes D No If yes, please describe. LEGOLAND California Resort (incl. LEGOLAND theme park, LEGOLAND Hotel, LEGO Castle Hotel, LEGOLAND Water Park, Sea Life Aquarium) B. Will any existing structure be removed/demolished? [29 Yes D No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Existing "Driving School" and Junior Driving School" attractions will be demolished (refer to sht C-002). LOT COVERAGE A. Existing and Proposed * Existing Progosed Total Building Coverage 0 sq. ft. 32.423 sq. ft. 32,423 sq. ft. 38 Landscaped Area 1,700 sq. ft. 14,806 sq. ft. 16,506 sq. ft. 19 Hardscape Area 9,244 sq. ft. 26,983 sq. ft. 36,227 sq. ft. 43 Unimproved Area (Left Natural) 0 sq. ft. 0 sq. ft. 0 sq. ft. 0 ,. Proposed project site area = 85, 156 s. f. Areas listed above are for the project site, not entire LEGOLAND lot (refer to boundary line shown on Site Plan, sheet A-100). Page 2of7 Revised 3/22 % % % % P-6 B. Parking: Number of existing spaces 4,871 (LEGOLAND lot) Number of new spaces proposed ___ o ___ _ Existing/Proposed TOTAL: 4,871 Number of total spaces required ___ 8_6_* __ _ Number of covered spaces O* Number of uncovered spaces ___ 8..:...6.;__* __ _ Number of standard spaces 86 * Number of compact spaces Is tandem parking existing? Is tandem parking proposed? 0 D Yes# IX! No D Yes# __ IX! No C. Grade Alteration: Is any grading proposed? [Z] Yes D No If yes, please complete the following: • Required parking spaces listed here is calculated per CBC Ord. 21.44.020 for informational purposes. Actual LEGOLAND parking requirements are calculated using alternative methodology from CBC per other existing documentation. 1. Amount of cut ________ 4....:'c....4_7_6 ________ cu. yds. 2. Amount of fill 1,236 cu. yds. 3. Maximum height of fill slope O feet 4. Maximum height of cut slope 6 feet 5. Amount of import o~ 3,240 cu. yds. 6. Location of borrow or disposal site __ off_s_ite_,_lo_c_a_ti_o_n_T_B_D _______ _ Page 3of 7 Revised 3/22 The following materials shall be submitted for each single family residence/minor coastal development permit application. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. I. REQUIRED PLANS {All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right-hand corner of plan visible.) P-6 A. SITE PLAN -Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Coastal Development Permit on 24" x 36" sheet(s). Five (5) copies if landscape review is required. Each site plan shall contain the following information: 1. GENERAL INFORMATION D a. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. O b. Location, size and use of all easements. D e. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. 0d. Distance between buildings and/or structures. De. Building setbacks (front. rear and sides). Of. Location, height and materials of walls and fences. Og. Dimensions/location of ground-mounted signs. O h. Indicate location and layout of Photovoltaic (PV) systems as required per Ordinance No. CS-347. Show locations for roof mounted and ground mounted systems and include power (KWdc) of each separate PV system. D i. Indicate location and layout of Electric Vehicle parking spaces/charging stations. Callout EV Charging Stations, EV Ready, EV Capable as required per CMC Title 18.21 .120-150. Oj. Indicate method (PV-heat pump, solar) that satisfies hot water heating requirements per Ordinance No. CS-347. Ok. A summary table of the following (if applicable to the application): 0(1) Street address and assessor's parcel number. 0 (2) Site acreage. 0(3) Existing Land Use Designation and Zoning. 0 (4) Proposed land use. 0(5) Total building coverage (in square feet and as a percent). 0 (6) Percent of site to be landscaped. 0(7) Number of parking spaces required/provided. 0(8) Square Footage of open or recreational space (if applicable). 0 (9) Cubic footage of storage space (if applicable). 0(10) Climate Action Plan (CAP) Compliance (results from Section 11.D below) (a) Consistent with existing Gene I Plan Land Use and Zoning -yes/no i. GHG Study required? yes o (b) Energy Efficiency requiremen yes no (c) Photovoltaic requirement -<vesffi i. 49 KW-de roof mouri(ed ii. 0 KW-de ground mounted iii. 49 KW-de total project (d) Electric Vehicle Charging requiremen@,,o i. 22 # EV Chargers ii. 5 # EV Ready iii. 17 # EV Capable (e) Hot Water Heating requirement@,o (f) Traffic Demand Management Required yei/ii) Page 4 of7 Revised 3/22 01. All applicable Fire Suppression Zones as required by the City's Landscape Manual. B. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Please consult the Planning Division and Land Development Engineering Division representatives for a determination on any grading plan geotechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: D 1. Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed}. Existing and proposed topographic contours within a 100-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable}. 02. Earthwork volumes: cut, fill, import and export. 03. Spot elevations at the corners of each pad. 04. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. Os. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. 06. Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal Development Permit and four (4) copies a Single Family Coastal Development Permit prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following information: D 1. Location and size of storage areas. 02. All buildings, structures, wall and/or fences, signs and exterior lights. 03. Existing and proposed construction. 04. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). Os. Building Heights of all structures (top of roof and top of roof projections) D. CONCEPTUAL LANDSCAPE PLANS -Five (5) copies of the site plan shall be submitted if applicable. To determine if a landscape plan is required, consult Chapter 1-Applicability in the Landscape Manual. COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS DA. A completed Land Use Review Application Form . OB. Completed Coastal Development Permit Application. De. Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with Planning staff regarding Minor Coastal Development Permits and Single Family Coastal Development Permits for any environmental review requirements. OD. Climate Action Plan (CAP) Checklist-See form P-30 -Complete form to demonstrate project compliance with the CAP. Applicable measures identified in checklist must be incorporated into project design features and data incorporated into the Summary Table. 1 . If project meets employee ADT thresholds per checklist, include 2 (two) copies of a Transportation Demand Management (TOM) Plan with submittal. Refer to http://carlsbadca.gov/services/buildinq/tdm.asp for information, guidelines and templates. P-6 Page 5 of 7 Revised 3/22 OE. OF. 0G. OH. O J. OK. Disclosure Statement. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). Completed "Project Description/Explanation" sheet. Two copies of a completed and signed "Storm Water Standards Questionnaire" (form E-34 ). This form can be found on the City's website. (Distribute copy to Land Development Engineering). If, when completing the Storm Water Standards Questionnaire, the project is subject to "Standard Project," requirements, submit a completed and signed "Standard Project Requirement Checklist" (form E-36) in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. If, when completing the Storm Water Standards Questionnaire, the project is defined as a "Priority Development Project," submit a preliminary Storm Water Quality Management Plan (SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. Refer to the city's SWQMP template (form E-35). Property Owner's List and Addressed Labels: Minor Coastal Development Permit -required with application submittal 1. A typewritten list of the names and addresses of all property owners within a 100' radius of the subject property (including the applicant and/or owner), all occupants within a 100' radius of the subject property, and any applicable Homeowners/Property Owners Association (HONPOA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 100' radius of the subject property, all occupants within a 100' radius and the applicable HONPOA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single- family residence, an apartment, suite or building number must be included on a separate line -DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad ,CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 100' Radius Map: A map to scale not less than 1"=200' showing each lot within 100' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. P-6 Page 6 of7 Revised 3/22 Coastal Development Permit -Single-Family Residence/Appealable Area -When the application is tentatively scheduled to be heard by the decision-making body, the project planner will contact the applicant and advise him to submit the radius map. two sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office. The project will not go forward until this information is received. 1. A typewritten list of the names and addresses of all property owners within a 600' radius of the subject property (including the applicant and/or owner), all occupants within a 100' radius of the subject property, and the applicable Homeowners Association (HOA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Arial 10, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Carlsbad , CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 600' Radius Map: A map to scale not less than 1 "=200' showing each lot within 600' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. P-6 Page 7 of7 Revised 3/22 ? Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 {City of i 1v; ~ 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. Addit ional 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 8-50, 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 website. 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 8 Revised 6/22 City of Carlsbad Climate Actio,~ . Ian 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 (MTCO2e) 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. 'l!!•~..-•~••1•••1. .. ._.. • . ,. , .... ,,..,, 1• • _ . Checklist Item (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? Yes No □ If "Yes', 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 Climate Action Plan. If "No", proceed to Question 8. B. The CAP established a screening threshold of 900 MTCO1e/year for new development projects to assi.st 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 MTCO1e/year screening threshold. If "Yes", proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. 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 8 Revised 06/22 City of Carlsba d Climate Acti[,.,1an 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: LEGOLAND California ProjectlU>"Z-S- Property Address/APN: 211-100-09 Applicant Name/Co.: Tom Storer, Merlin Entertainments Group Applicant Address: 1 Legoland Drive, Carlsbad, CA 92008 Contact Phone: 760-918-5300 Contact Email: tom.storer@legoland.com Contact information of person completing this checklist (if different than above): Name: Company name/address: Lilian Sherrard Orcutt HHCP LLC 120 N. Orange Ave. Orlando, FL 32801 Contact Phone: (407) 644-2656 Contact Email: lsherrard@hhcp.com 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. Estimated Building Permit Valuation (BPV): $ _________ _ □ New construction □ Alterations: □ BPV < $60,000 □ BPV 2: $60,000 □ Electrical service panel upgrade □ BPV ~ $200,000 BPV ~ $1,000,000 0 New construction P-30 2A, 3A and 4A N/A lA and 4A 4A lA and 4A 28 Page 3 of 8 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 Multi-family dwellings only where 2:$1,000,000 BPV AND affecting ~75% existing floor area Revised 06/22 City of Carlsbad Climate Actio,. Ian Consistency Checklist □ Alterations: □ BPV ~ $200,000 or additions 2: 1B,5 1,000 square feet □ BPV ~ $1,000,000 1B, 28 and 5 Building alterations of~ 75% existing gross floor area □ 2: 2,000 sq. ft. new roof addition 2B and 5 18 also applies if 8PV 2: $200,000 Please refer to Carlsbad Ordinance No. CS-437 for more information when completing this section. A. 0 Residential addition or alteration e! $60,000 building permit valuation. See Ord. CS-437. Year Built Single-family Requirements □ Before 1978 Select one: □ Duct sealing □ Attic insulation □ Cool roof □ 1978 and later Select one: □ Lighting package D Water heating package □ Between 1978 and 1990 □ 1991 and later B. 0 Nonresidential* new construction or alterations e! $200,000 building permit valuation, or additions e! 1,000 square feet. See CALGreen Appendix AS, as amended in CS-437. AS.203.1.1.1 □ Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 D Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: □ .95 Energy budget El . 90 Energy budget AS.211.1.** 0 On-site renewable energy AS.211.3** D Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.1 □ Elevators and escalators □ N/A _________ _ D Exception: Home energy score e! 7 (attach certification) Multi-family Requirements □ Attic insulation Select one: □ Attic insulation □ Duct Sealing □Cool roof Select one: □ Lighting package □ Water heating package 0 N/A _________ _ Theme parks exempt: 0 N/A Section 140.6, Exception 3A El N/A Not a restaurant 0 N/A 0 N/A Not required to alter the utility 0 N/A provider for entire park. No elevator or escalator 0 N/A included in the project P-30 Page 4 of 8 Revised 06/22 City of Carlsbad Climate Actio. .. Ian Consistency Checklist AS.213.1 El Steel framing 0 N/A • Includes hotels/motels and high-rise residential buildings •• For alterations 2: $1,000,000 BPV and 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. 0 Residential new construction. Refer to Carlsbad Ordinance No. CS-437 for requirements, which amends Section 150.l(c) of the CEC for single-family residential; and Section 170.2(d) of the CEC for multi-family requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-447, 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 t (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 8. 0 Nonresidential and hotel/motel new construction; or major alterations to nonresidential, hotel/motels, and multi-family residential 2:$1,000,000 BPV and affecting 2:75% existing floor area, or addition that increases roof area by 2:2,000 square feet. Please refer to Carlsbad Ordinance CS-437 when completing this section.• Choose one of the following methods: D Gross Floor Area (GFA) Method GFA: 32,423 sf 0 If< 10,000s.f. Enter: 5 kWdc Min. System Size: _4_9 __ kWdc 0 If 2: 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** **Round building size factor to nearest tenth, and round system size to nearest whole number. □ Time-Dependent Valuation Method Annual TDV Energy use:**• x .80= Min. system size: ____ kWdc ••• Attach calculation documentation using modeling software approved by the California Energy Commission. • New CEC standards also require battery storage systems meeting the requirements if Reference Joint Appendix JA12 of the CEC. P-30 Page 5 of 8 Revised 06/22 City of Carlsbad Climate Actio) ,.Ian Consistency Checklist A. 0 Residential new construction Please refer to Carlsbad Ordinance CS-437 when completing this section. □ For systems serving individual dwelling units and achieving 60% of energy needed from on-site solar or recovered energy, choose one: □ Single 240-volt heat pump water heater AND compact hot water distribution AND Drain water heat recovery (low- rise residential only) □ Single 240-volt heat pump water heater AND PV system .3 kWdc larger than required. □ Heat pump water heater meeting NEEA Advanced Water Heating Specification Tier 3 or higher. □ Solar water heating system with electric backup that is either .60 solar savings fraction of 40 s.f. solar collectors. □ Gas or propane system with a solar water heating system and recirculation system D Exception: □ For systems serving multiple dwelling units and achieving 60% of energy needed from on-site solar or recovered energy, install a central water-heating system with all of the following: D Reci rculation system □ Solar water heating system that is either: □ .20 solar savings fraction □ .15 solar savings fraction, plus drain water heat recovery □ Exception: B. 0 Nonresidential new construction Please refer to Carlsbad Ordinance CS-437 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal 121 Photovoltaics □ Water heating system is (choose one): □ Heat pump water heater 121 Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction D Exception: P-30 Page 6 of 8 □ Recovered energy Revised 06/22 City of Carlsbad Climate Actio, Ian Consistency Checklist A. D Residential -New construction and major alterations* Please refer to Carlsbad Ordinance CS-437 when completing this section. D One and two-family residential dwelling alterations with no electrical panel upgrade (No EV space required) D ADU (no EV space required when no additional parking facilities are added) D One and two-family residential dwelling or townhouse with attached garage: D One EVSE ready parking space required D Exception : D Multi-family residential· D Exception • Total Parking Spaces EVSE Soaces Proposed for New Capable Ready Construction (10% of oroposed) (25% of proposed) Total Proposed or Altered Capable --- Spaces (Major (10% of proposed) Alterations)** Calculations: Total EVSE spaces= .10 xTotal 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.") Installed Total (5% of proposed) --Total *Major alterations are: (1) 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. **When new parking facilities are added, or electrical systems or lighting to existing parking facilities are added or altered and the work requires a building permit, 10% of the total number of parking spaces or altered shall be EV Capable. This is NOT a CAP checklist requirement, but is included to coordinate CEC compliance early in the planning process B ~ Nonresidential new construction (includes hotels/motels) Existing EV / EVSE spaces satisfy code 0 Exception • reQuimments for this building Total Parking Spaces EVSE Soaces Proposed Caoable Readv Installed Total 86" 17" 5" 22* Calculation· Refer to the table below· Total Number of Parkine: Soaces orovided Number of required EV Spaces (Capable) Number of required EVSE Installed Spaces D 0-9 1 1 D 10-25 4 1 D 26-50 8 2 D 51-75 13 3 I 0 76-100 17 5 D 101-150 25 6 D 151-200 35 9 □ 201 and over 20 percent of total 25 oercent of EV Caoable 'Note: 86 parking spaces should be expected for this building based on CBC ord. 21.44.020 (8,520 sq ft of assembly space). The park currently has 20 installed EVSE spaces that were not used to satisfy code requirements for past projects. The extra 2 spaces required will be provided as part of a separate LEGOLAND parking structure project. - I P-30 Page 7 of 8 Revised 06/22 City of Carlsbad Climate Actio~. t'lan Consistency Checklist 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 ADT Table. Use GFA Employee ADT/1,000 S.F. Total Employee ADT Ride Building 32,423 sf 1 32 Total 32 If total employee ADT is greater than or equal to 110 employee ADT, a TOM 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 TOM 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 □ No 111 LOE Staff Verification: □. _____ (staff initials) Note: Refer to Existing TOM plan for LEGOLAND P-30 Page 8 of 8 Revised 06/22 ~Chicago Title Company 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.: 00187827-993-SD2-CFU Legoland California Resort One LEGOLAND Drive Carlsbad, CA 92008 ATTN: Marcy Harold Email: Marcy.Harold@LEGOLAND.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@ctfcbffi' -' , PROPERTY: 1 LEGOLAND DRIVE, CARLSBAD, CA APR 13 2n23 C!TY OF Cl-,RLSJAD PLAtlNING Dl'JIS 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 AL TA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, 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. Wld1f?- Midu,clJ.N<>bn Pre$ttl'Cnl' ATT~T: "J/(11A;fM. ~ v'Ma.tjorie Nem:i.ura S«:re.ury 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: January 5, 2023 at 7:30 a.m. ORDER NO.: 00187827-993-SO2-CFU The form of policy or policies of title insurance contemplated by this report is: A Preliminary Report Only 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: MERLIN ENTERTAINMENTS GROUP U.S. HOLDINGS INC., a Delaware corporation 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.: 00187827-993-SD2-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: LOTS 18 AND 19 OF CITY OF CARLSBAD TRACT 94-09, CARLSBAD RANCH-UNITS 2 & 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13408, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 1, 1997. APN: 211-100-09-00, 211-100-11-00 Cl TA Preliminary Report Form -Modified (11/17/06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00187827-993-$D2-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, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2023-2024. B. 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: 211 -1 00-09-00 2022-2023 $1 ,795,118.18, paid. $1 ,795, 118.18, OPEN (Delinquent after April 10) $179,521.81 $0.00 09000 Note: APN 211-100-11 not assessed. C. A pending assessment for the District shown below. When notice of the assessment is recorded with the CountyRecorder the assessment shall become a lien on said land. District: Disclosed By: Recorded: Community Facilities District No. 1 Assessment District Boundary December 19, 1990 as Instrument No.1990-0674118, of Official Records Notice of special tax lien pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code recorded May 20, 1991 as Instrument No. 1991- 0236959, of Official Records. 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. 1. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress July 5, 1972 as Instrument No.72-172891, of Official Records The exact location and extent of said easement is not disclosed of record 2. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Palomar Airport Road, where required for the construction and maintenance of said Street, as contained in the deed recorded September 15, 1988 as Instrument No. 88-463304, of Official Records. Affects Lot 18 herein described. CLTA Preliminary Report Form -Modified (11117106) Page4 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00187827-993-SD2-CFU 3. An easement for the purpose swn below and rights incidental thereto as set forth in a document. Dated: Granter: Grantee: Purpose: Recorded:. Affects June 27, 1988 Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September 8, 1983 The City of Carlsbad Drainage September 15, 1988 as Instrument No.88-0463305, of Official Records Lot 18 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: June 27, 1988 Grantor: Grantee: Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September 8, 1983 The City of Carlsbad Purpose: Recorded: Affects: open space and incidental purposes September 15, 1988 as Instrument No.88-0463306, of Official Records Lot 18 5. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Palomar Airport Road, where required for the construction and maintenance of said public highway, as contained in the deed recorded September 15, 1988 as Instrument No.88-463310, of Official Records. Affects Lot 18 herein described. 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: Grantor: Grantee: Purpose: Recorded: Affects: June 24, 1988 Carltas Company, a California limited partnership City of Carlsbad drainage September 15, 1988 as Instrument No.88-0463313, of Official Records Lot 18 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: Grantor: Grantee: Purpose: Recorded: May 20, 1992 Carltas Company, a limited partnership The City of Carlsbad Traffic signal maintenance July 15, 1992 as Instrument No.1992-0443116, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. Affects Lot 18 herein described 8. A document entitled "Hold Harmless Agreement Drainage", executed by Carlsbad Ranch Company, L. P., and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 12, 1995 as Instrument No. 1995-0245821, of Official Records. CL TA Preliminary Report Form -Modified (11 /1 7/06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued} Chicago Title Company ORDER NO.: 00187827-993-SD2-CFU 9. A document entitled "Hold Harmless Agreement Geological Failure", executed by Carlsbad Ranch Company, L. P., and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 12, 1995 as Instrument No. 1995-0245822, of Official Records. 10. A document entitled "Development Agreement". dated, January 6, 1996, executed by City of Carlsbad and Lego Park Planning, Inc., subject to all the terms, provisions and conditions therein contained, recorded March 22, 1996 as Instrument No. 1996-0141299, of Official Records. Affects Lot 18 herein described 11. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: July 11, 1996 as Instrument No.1996-0348524, of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. 12. A document entitled "Notice of Restriction on Real Property", dated, May 20, 1996, executed by City of Carlsbad, Carlsbad Ranch Company, L. P., CB Ranch Enterprises, Carlsbad Estate Holding, Inc., and National Association of Music Merchants, Inc., subject to all the terms, provisions and conditions therein contained, recorded September 5, 1996 as Instrument No. 1996-0450388, of Official Records. 13. A document entitled "Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee for Inside the Boundaries of Community Facilities District No. 1", dated, December 17, 1996, executed by City of Carlsbad and Lego Land Carlsbad, Inc., Corporation, subject to all the terms, provisions and conditions therein contained, recorded February 7, 1997 as Instrument No. 1997- 0056338, of Official Records. Affects Lot 18 herein described CLTA Preliminary Report Form -Modified (11/17/06) Page 6 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00187827-993-S02-CFU 14. An Agreement, and the terms and conditions as contained therein Dated: By and Between:. Recorded: Regarding: February 21, 1997 Carlsbad Ranch Company, L. P., and Carlsbad Estate Holding, Inc., and Acknowledged and Consented to by the California Coastal Commission February 24, 1997 as Instrument No.1997-008027 4, of Official Records Open space deed restriction Reference is hereby made to said document for full particulars. Affects Lot 18 herein described 15. The fact that the ownership of said land does not include rights of access to or from the Street and Highway abutting said land, such rights having been relinquished by the map of said tract. Affects: Lot 18 adjacent to Palomar Airport Road Said land however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. 16. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the Map of said Tract. Affects: Lot 19 on the South adjacent to Lots 9 and 10 as shown on said Map No.13408 Said land, however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. 17. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.: Easement Purpose: Affects: Map No. 13408 general access and public utilities and drainage as shown on said Map No. 13408 CL TA Preliminary Report Form -Modified (11 /17 /06) Page 7 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00187827-993-S02-CFU EXCEPTIONS (Continued) 18. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: April 1, 1997 as lnstrumentNo.1997-0150347, of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of a first mortgage or first Deed of Trust made in good faith and for value. Among other things, said document provides: Easements and Restrictions 19. An Unrecorded Lease affecting the premises herein described, executed by and between the parties herein named, with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Recorded: Lego Carlsbad AG, (Lego Carlsbad Inc.) a Swiss corporation Lego Land Carlsbad, Inc., a California corporation April 16, 1997 as Instrument No.1997-0175999, 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 assignment and assumption of Lease dated as of July 11, 2005, by and between Lego Land Estates AG (Lego Land Estates, Inc.), a Swill corporation and PlayU. S. Acquisitions Co. Inc., a Delaware corporation, recorded August 29, 2005 as Instrument No. 2005-0744001, of Official Records. CL TA Preliminary Report Form -Modified ( 11 /17 /06) Page 8 PRELIMINARY REPORT YOUR REFERENCE: Chicago Tille Company ORDER NO.: 00187827-993-SO2-CFU EXCEPTIONS (Continued) An agreement which states that this instrument was subordinated To: Recorded: By Agreement Recorded: Deed of Trust May 21, 2007 as Instrument No.2007-0343513 of Official Records May 21 , 2007 as Instrument No.2007-0343514 of Official Records The terms and provisions contained in the document entitled "Amended and Restated Subordination and Attornment Agreement" recorded July 8, 2008 as Instrument No. 2008-0364321 of Official Records. Second Amended and Restated Subordination and Attornment Agreement recorded November 29, 2010 as File No. 2010-065677, Official Records. 20. A document entitled "Landscape Maintenance and Easement Agreemenr, dated, April 27, 1997, executed by Carlsbad Ranch Company, L. P., a California limited partnership and Lego Carlsbad AG (Lego Carlsbad Inc.), a Swiss corporation, subject to all the terms, provisions and conditions therein contained, recorded April 29, 1997 as Instrument No. 1997-0197544, of Official Records. First amendment to landscape maintenance and easement agreement dated April 9, 1998, executed by Carlsbad Ranch Company, L. P., a California limited partnership and Lego Land Estates AG (Lego Land Estates Inc.), a Swiss corporation, recorded April 27, 1998 as Instrument No. 1998-0239009, of Official Records. 21. A document entitled "Hold Harmless Agreement Drainage", dated, May 29, 1997, executed by Lego Carlsbad AG (Lego Carlsbad Inc.) a Swiss corporation, subject to all the terms, provisions and conditions therein contained, recorded July 1, 1997 as Instrument No. 1997-0310071, of Official Records. 22. A document entitled "Notice of Restriction on Real Property", dated, July 29, 1997, executed by Lego Land Estates AG (Lego Land Estate3, Inc.) and City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded August 14, 1997 as Instrument No. 1997-0391746, of Official Records. 23. A document entitled "Notice Concerning Aircraft Environmental Impacts Case No.: SOP 96-14/CDP 96- 16", dated, July 29, 1997, executed by Lego Land Estates AG (Lego Land Estate, Inc.), subject to all the terms, provisions and conditions therein contained, recorded August 14, 1997 as Instrument No. 1997- 0391747, of Official Records. 24. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: Grantor: Grantee: Purpose: Recorded: Affects: October 30, 1997 LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation San Diego Gas and Electric Company, a corporation public utilities, ingress, egress November 6, 1997 as Instrument No.1997-0560979, of Official Records Lot 18 The exact location and extent of said easement is not disclosed of record CLTA Preliminary Report Form -Modified (11/17/06) Page 9 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00187827-993-SO2-CFU 25. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: Grantor: Grantee: Purpose: Recorded: Affects: November 10, 1997 LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation San Diego Gas and Electric Company, a corporation public utilities, ingress, egress December 1, 1997 as Instrument No.1997-0603896, of Official Records Lot 18 26. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: Grantor: Grantee: Purpose: Recorded: Affects: January 21, 1998 LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation Carlsbad Municipal Water District water line easement March 6, 1998 as Instrument No.1998-0122320, of Official Records Lot 18 27. A Grant Deed of waterline easement for the purpose shown below and rights incidental thereto as set forth in a document Dated: Grantor: Grantee: Purpose: Recorded: Affects: October 21, 1998 LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation Carlsbad Municipal Water District water line easement March 6, 1998 as Instrument No.1998-0122321 , of Official Records Lot 18 28. A Grant Deed of waterline easement for the purpose shown below and rights incidental thereto as set forth in a document Dated: Grantor: Grantee: Purpose: Recorded: Affects: January 21 , 1998 LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation Carlsbad Municipal Water District water line easement March 6, 1998 as Instrument No.1998-0122322, of Official Records Lot 18 29. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Grand Pacific Carlsbad, L. P., a California limited partnership storm drain easement August 3, 2005 as Instrument No.2005-0660417, of Official Records The route thereof affects a portion of said land and is more fully described in said document. CL TA Preliminary Report Form -Modified ( 11 /17 /06) Page 10 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Tille Company ORDER NO.: 00187827-993-SD2-CFU 30. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded June 6, 2006 as Instrument No. 2006-0398658 of Official Records. 31. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: Dated: Trustor: Trustee: Beneficiary: Loan Number: Recorded: $227,272,727.00 May 21 , 2007 Merlin Entertainment Group U. S. Holdings Inc., a Delaware corporation Chicago Title Company Bayerische Hypo-Und Vereinsbank AG London Branch, its successors and/or assigns Not shown May 21 . 2007 as Instrument No.2007-0343513 of Official Records Said Deed of Trust was amended and restated by that certain document entitled "Amended and Restated Deed of Trust with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing, executed by Merlin Entertainment Group, U. S. Holdings Inc., a Delaware corporation, as Trustor, to Chicago Title Insurance Company, as Trustee, for the Benefit of Bayerische Hypo-UndVereinsBank AG, Milan Branch, as Beneficiary recorded July 8, 2008 as Instrument No. 2008-0364320 of Official Records. Second Amended and Restated Deed of Trust, Assignment of Leases and Rents, Security Agreement, Financing Statement and Fixture Filing recorded November 29, 2010 as File No. 2010-0652676, Official Records. Memorandum of Loan Modification Agreement and Amendment to Deed of Trust Executed by: Recorded: Merlin Entertainments Group U.S. Holdings Inc., a Delaware corporation and Unicredit Bank AG London Branch (formerly Bayerische Hypo-Und Vereinsbank AG London Branch) February 28, 2011 as File No. 2011-0108025, Official Records Memorandum of Loan Modification Agreement and Amendment to Deed of Trust Executed by: Recorded: Merlin Entertainments Group U.S. Holdings Inc., a Delaware corporation and Unicredit Bank AG London Branch (formerly Bayerische Hypo-Und Vereinsbank AG London Branch} June 2. 2011 as File No. 2011-0282086, Official Records 32. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded March 24, 2010 as Instrument No. 2010-0146897 of Official Records. 33. A document subject to all the terms, provisions and conditions therein contained. Entitled: Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recorded: January 12, 2012 as File No. 2012-0019022, Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form-Modified (11/17/06) Page 11 PRELIMINARY REPORT YOUR REFERENCE: Chicago Tille Company ORDER NO.: 00187827-993-SO2-CFU EXCEPTIONS (Continued) 34. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hold Harmless Agreement Drainage Recorded: January 12, 2012 as File No. 2012-0019023, Official Records Reference is hereby made to said document for full particulars. 35. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hold Harmless Agreement Geological Failure Recorded: January 12, 2012 as File No. 2012-0019024, Official Records Reference is hereby made to said document for full particulars. 36. A document subject to all the terms, provisions and conditions therein contained. Entitled: Notice of Restriction on Real Property Recorded: March 6, 2012 as File No. 2012-0131245, Official Records Reference is hereby made to said document for full particulars. Affects Lot 18 37. A document subject to all the terms, provisions and conditions therein contained. Entitled: Recorded: Permanent Stormwater Quality Best Management Practice Maintenance Agreement March 5, 2013 as File No. 2013-0142200, Official Records 38. An easement for the purpose shown below and rights incidental thereto as set forth in a document. 39. 40. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities and ingress and egress November 26, 2014 as Instrument No. 2014-0519247 Official Records The exact location and extent of said easement is not disclosed of record First Amendment to Grant of Easement Recording Date: August 03, 2018 Recording No.: 2018-0317883 of Official Records The terms and provisions contained in the document entitled "Permanent stormwater quality best management practice maintenance agreement" recorded February 23, 2015 as Instrument No. 2015- 0078873 Official Records. The terms and provisions contained in the document entitled "Permanent stormwater quality best management practice maintenance agreement" recorded September 23, 2015 as Instrument No. 2015- 0500753 Official Records Cl TA Preliminary Report Form -Modified (11/17/06) Page 12 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) 41. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property May 03, 2016 2016-0208576 of Official Records Reference is hereby made to said document for full particulars. 42. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage October 28, 2016 2016-0583977 of Official Records Reference is hereby made to said document for full particulars. 43. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement October 28, 2016 2016-0583978 of Official Records Reference is hereby made to said document for full particulars. 44. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property October 28, 2016 2016-0584717 of Official Records Reference is hereby made to said document for full particulars. 45. Matters contained in that certain document Chicago Tille Company ORDER NO.: 00187827-993-S02-CFU Entitled: Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date: November 07, 2016 Recording No: 2016-0604310 of Official Records Reference is hereby made to said document for full particulars. 46. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property November 22, 2016 2016-0641198 of Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form -Modified (11/17/06) Page 13 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) 47. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage February 15, 2017 2017-0075839 of Official Records Reference is hereby made to said document for full particulars. 48. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage February 15, 2017 2017-0075889 of Official Records Reference is hereby made to said document for full particulars. 49. Matters contained in that certain document Chicago Title Company ORDER NO.: 00187827-993-S02-CFU Entitled: Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date: February 15, 2017 Recording No: 2017-075922 of Official Records Reference is hereby made to said document for full particulars. 50. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure February 15, 2017 2017-0075940 of Official Records Reference is hereby made to said document for full particulars. 51. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure February 15, 2017 2017-075948 of Official Records Reference is hereby made to said document for full particulars. 52. Matters contained in that certain document Entitled: Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date: Recording No: February 15, 2017 2017-076030 of Official Records Reference is hereby made to said document for full particulars. Cl TA Preliminary Report Form -Modified (11/17/06) Page 14 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) 53. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of restriction on Real Property May 01 , 2017 2017-0193074 of Official Records Reference is hereby made to said document for full particulars. 54. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage June 12, 2017 2017-0261255 of Official Records Reference is hereby made to said document for full particulars. 55. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure June 12, 2017 2017-0261256 of Official Records Reference is hereby made to said document for full particulars. 56. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property July 21, 2017 2017-0330082 of Official Records Reference is hereby made to said document for full particulars. 57. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property November 077, 2017 2017-0521212 of Official Records Reference is hereby made to said document for full particulars. 58. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage November 28, 2017 2017 -0550020 of Official Records Reference is hereby made to said document for full particulars. Cl TA Preliminary Report Form -Modified (11/17/06) Chicago Title Company ORDER NO.: 00187827-993-SD2-CFU Page 15 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued} 59. Matters contained in that certain document Chicago Title Company ORDER NO.: 00187827-993-S02-CFU Entitled: Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date: November 28, 2017 Recording No: 2017-0550021 of Official Records Reference is hereby made to said document for full particulars. 60. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure November 28, 2017 2017-0550022 of Official Records Reference is hereby made to said document for full particulars. 61. 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 public water easement February 13, 2018 2018-056875 of Official Records Lot 18 62. Matters contained in that certain document Entitled: Dated: Recording Date: Recording No: Hold Harmless Agreement Geological Failure February 1, 2019 March 11 , 2019 2019-0086156 of Official Records Reference is hereby made to said document for full particulars. 63. Matters contained in that certain document Entitled: Dated: Recording Date: Recording No: Hold Harmless Agreement Drainage February 1, 2019 March 11, 2019 2019-0086157 of Official Records Reference is hereby made to said document for full particulars. Cl TA Preliminary Report Form -Modified (11/17/06) Page 16 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) 64. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property April23,2019 2019-014 7293 of Official Records Reference is hereby made to said document for full particulars. 65. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction of Real Property June 10, 2019 2019-0223088 of Official Records Reference is hereby made to said document for full particulars. 66. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Notice Of Restriction On Real Property June 14, 2022 City of Carlsbad August 10, 2022 2022-0324320 of Official Records Reference is hereby made to said document for full particulars. Chicago Title Company ORDER NO.: 00187827-993-SO2-CFU 67. Water rights, claims or title to water, whether or not disclosed by the public records. 68. Matters which may be disclosed by an inspection and/or by a correct AL TNNSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 69. 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 CL TA Preliminary Report Form -Modified (11/17/06) Page 17 PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00187827-993-S02-CFU 1. Before issuing its policy of title insurance, the Company will require evidence, satisfactory to the Company, that Corporation name: MERLIN ENTERTAINMENTS GROUP U. S. HOLDINGS INC., a Delaware corporation a) is validly formed on the date when the documents in this transaction are to be signed; b) is in good standing and authorized to do business in the state or country where the corporation was formed; and c) has complied with the "doing business" laws of the State of California. END OF REQUIREMENTS Cl TA Preliminary Report Form-Modified (11/17/06) Page 18 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00187827-993-S02-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. 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. 3. 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. 4. 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. 5. The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies: A. 2006 AL TA 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 ALT A 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. AL TA 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. AL TA 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). CL TA Preliminary Report Form -Modified ( 11 /17 /06) Page 1 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES (Continued) Chicago Title Company ORDER NO.: 00187827-993-S02-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. 6. 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 ··1RESAFE~ 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 (OSI Rev. 12/07/17) ~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 1 O 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 -Ticer Title Company of California L TC -Lawyer's Title Company SLTC -Servicelink Title Company Available Discounts 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 DISASTER LOANS (CTIC, CL TIC, FNTIC) The charge for a Lender's Pdicy (Standard or Extended coverage) covering the financing or refinancing by an owner of reca-d, 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: January 13, 2023 by GP Escrow No.: 00187827-993-SD2-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 categori es 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 lnfonnation 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 (OSI Rev. 07/29/21) Copyright © 2021 . Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 00187827-993-SO2-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) 413-1748. 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 (OSI Rev. 07/29/21) Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 00187827-993-SO2-CFU Your Consent To This Privacy Noticei 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. 00187827-993-$D2-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. CLTA HOMEOWNER'$ POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'$ POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule 8, 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. 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, stale 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 ALTA 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 11,{ 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) Page2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. {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.} 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 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created. suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Tille. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Tille 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 laxes, 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 dale 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, 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 lo 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) Page4 © 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. O'l 0 ~~: - i i ~ • -- . • • • • • 1.. , ' . .. I~ •• f: Z - ! -~ ! "' ' II ; :~ • % 1 ; I ~= ~: , : 1/ ) .,, 7 ~ N (/ ) ,-z :) :r <.> z c( "' 0 c( CF > m (/ ) -' "' c( <.> "' 0 I .. . "' ,-f:: ! C c( m ~ @i "' c( <.> I I@ : \ : ~l : 1/) .. , ~ 0. . . , .. , . . . , ., , ~ ll . U ) <C O :: ; e r ® -- - - - r t i i s ma p / p i i f i t b t i n g ru n i s l l e d es an ai d In l oc a t i ng ~ he r 11 n Of t . C O ~ m re t a 1 J O n lo iid J o l f l l f 9 st1ef f l . . na t u r e l b ou f i c i i t l t $ .a n d otl l . e r la nd , an d n, Mi l I w~ o f ~1 , n . c l dep t e t l d J E:ir r : . 1 1 p, 10 1 M : t!! l l 1 e n t a po licy oft t M ' i n s u r 1 , i c e fl .- p rt$ $ 1~ m~ e d b y an dor s . e m d . tr ■ ny, lh e C . 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