HomeMy WebLinkAboutCDP 2017-0019; CARLSBAD PACIFIC CENTER; Coastal Development Permit (CDP)•
epti1/4/4
C Development Services
City of LAND USE REVIEW Planning Division
Carlsbad APPLICATION 1635 Faraday Avenue
P-1 (760) 6024610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR:(CHECK BOXES)
fttlth21Mniattrath (FOR DEPT. USE ONLY)kettialifirVOISP4MICS (FOR DEPT. USE ONLY)
0 Coastal Development Permit 0 Minor 121:144.7-9 General Plan Amendment
0 Conditional Use Permit
COM
0 Minor 0 Extension 0 Local Coastal Program Amendment
O Day Care (Large) Master Plan 0 Amendment
Environmental Impact Assessment 0 Specific Plan 0 Amendment
O Habitat Management Permit 0 Minor 0 Zone Change
El Hillside Development Permit 0 Minor 0 Zone Code Amendment
O Nonconforming Construction Permit sot sadattatailinteektriatit
O Planned Development Permit 0 Minor 0 Review. Perrnit0Residential0Non-Residential 0 Administrative 0 Minor 0 Major
Planning Commission Determination
O Reasonable Accommodation Village RevlettAna Permits
ID Site Development Plan 0 Minor 0 Review Permit
El Special Use Permit 0 Administrative 0 Minor 0 Major
O Tentative Parcel Map (Minor Subdivision)
O Tentative Tract Map (Major Subdivision)De V DOC°5
O Variance
pftlMinorNOTE:A PROPOSED REQUIRING MULTIPLE APPUCATIONS MUST BE SUBMITTED PRIOR TO 3:304 P.M.A PROPOSED PROJECT REDIARING ONLY ONE
APPLICATION MUST BE summon PRIOR TO 4:00 PAL
ASSESSOR PARCEL NO(S).:210-100-14 and 210-100-15
PROJECT NAME:Carlsbad Pacific Center
BRIEF DESCRIPTION OF PROJECT:Upgrade ground signs -remove (2) twisting wound signs & install (2) new ground signs
PROJECT VALUE ESTIMATED COMPLETION DATE June 2017(SITE IMPROVEMENTS)$36,400
LOCATION OF PROJECT:701, 703, 705 Palomar Airport Road, Carlsbad, CA 92011
STREET ADDRESS
ON THE:South SIDE OF Palomar Airport Road
(NORTH, SOUTH, EAST, WEST)(NAME OF STREET)
BETWEEN Avenida Encinas AND Highway 5
(NAME OF STREET)(NAME OF STREET)
13-1 Page 1 of13 Revised 0616
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Bvpoitaompook ilig..).4-...Nein.Ito
OWNER NAME (Print):ong....^.0.7e.kacal.....dol°11ceausciam*.^......APPLICANT NAME (Print):sc....0J----I—.'"i'`'.'•-.11
MAIUNG ADDRESS:138 Conant Street MAILING ADDRESS:OMiftlemod aganort PS 7116 Ain AlPortRost "
CITY, STATE, ZIP:Beverly, MA 01915 CITY, STATE, ZIP:Carlsbad. CA 92011
TELEPHONE:978-720-7500 TELEPHONE 760-575-7550
EMAIL ADDRESS:mmcafee@brookwoodflnancial.com EMAIL ADDRESS:mmcafee@broOkwoochlnancial.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 RTI %EGAL OWNER THAT THE APPLICANT AS TIE BEST OF E.
SET FORTH -AN -AUTHORIZED REPRESENTATIVE FOR0PURPOSES0wt.-r•ION.frT
SIGNA -1 DATE SIG RE DATE
APPLICANTS REP ESENTATIVE (Print):Charlalne Architectural Signage do Susan Rudolph
MAILING ADDRESS:13100 Kirkham Way, #211
CITY, STATE, ZIP:Poway, CA 92084
TELEPHONE:856-5664868
EMAIL ADDRESS:sr@charlaine.corn
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPUCANT FOR
PURPOSES OF THIS AND THAT AU-THE ABOVE
INFORMATION IS o CT TO THE BEST OF MY
KNOWLEDGE.
3 -i -3 —1"1
SIGNATURE BATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF COY STAFF,PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION.ME CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRI -;" :PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE AO Ta
•ROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH
117f
THE LAND AND BIND 1.-••ORS IN INTEREST.
re
PR*•RTY *ER SIGNATURE
FOR CITY USE ONLY
RECEIVED
MAR 2 9 2017
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
'
si ..
P-1 Pegs 2 d6 Revlsed 09/16
c
Indemnification and Insurance Requirement for Village Area Administrative Permit
Certification Statement.
I Certify that I am the Least Business Owner of the subject business and that WI of the above information is true
and correct to the best of my knowledge.I agree to accept and abide by any conditions placed on the subject
project as a result of approval of this application.I agree to indemnify, hold harmless, and defend the City of
Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or
caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or
the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability
was caused by the sole active negligence of the City of Carlsbad or Its officers or employees.I have submitted a
Certificate of Insurance to the City of Carlsbad in the amount of one million dollars Issued by a company which has
a rating in the latest 'Bests Rating Guide' of sA-'or better and a financial size of $504100 (currently class VII) or
better which lists the City of Carlsbad as 'additional insured" and provides primary coverage to the City.I also
agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy.The notice shall
be delivered to:
City Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad
The Insurance shalt remain In effect for as long as the property is placed on the public sidewalk or the business is
operated on the public sidewalk.This agreement Is a condition of the issuance of this administrative permit for the
subject of this permit on the public sidewalk.I understand that an approved administrative permit shall remain in
effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains In
compliance with the subject approved permit
Signaturelknii Date:*AEA. nestdiet
Certification Statement
I Certify that I am the Lewd Property Owner for the subject business location and that all of the above information
is true and correct to the best of my knowledge.I support the applicants request for a permit to place the subject
property on the public sidewalk.I understand that an approved administrative permit shall remain in effect for as
long as outdoor displays we permitted within the Village Review Area and the pennittee remains In compliance
with the subject approved permit
Signature ITALItia0 &tin Date:"Mk oricr:;-'We--.
P-i Page 3 of 6 Ftevlsed 08116
MINOR(
SINGLE FAPALY RESI
Development Services
City of COASTAL DEVELOPMENT PERMIT!Planning Division
Carlsbad APPLICATIONDENCE 1635 Faraday Avenue
(760) 602-4610
P-6 wv4v.carlsbadca.gov
A proposed project requiring multiple applications must be submitted prior to 3:30 p.m.A
proposed project requiring only one application must be submitted prior to 4:00 p.m.
All joint application exhibits. he. 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 shaft make the final determination regarding a projects 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 (1030) and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this projects 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 ilsclooro foot fee raft
New Residential Square Footage:
square feet x $/sq. fL =$N/A
Residential Addition Square Footage:
square feet x $fsq. ft. =$N/A
Any Garage Square Footage:
square feet x $/sq. ft.=$WA
Residential Conversion Square Footage:
square feet x $/sq. ft. =$N/A
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.)
square feet x $/sq. ft. =$
COST OF DEVELOPMENT ESTIMATE: $36,400
B.Do you wish to apply for:
1.A Minor Coastal Development Permit (Under $60,000 cost estimate)El
2.A Coastal Development Permit ($60,000 or more cost estimate)
C.Street althea* of proposed development
—101 n031105 17Ait tiAaA
P4 Page 1 orb Revised WAS
D.Assessor's Parcel Number of proposed development
2(O-too -00 m 240 -Ito -t Sr (c)
E.Development Description:
Briefly describe project Remove (2) existing around stone and
install (2) new ground signs in same locations
F.Describe the present land uses (I.e. vacant land, single family homes, apartments, offices,
etc.) that surround the proposed development to the:
North:Commercial Tourist
South:Industrial
East:Commercial Tourist
West Commercial Tourist
G.Is project located within a 100-year flood plain? Yes ij No
II.PRESENT USE OF PROPERTY
A.Are there existing structures on the property?Q Yes No
If yes. please describe.
Office buildings and (2) existing ground signs
8.Will any existing structure be removed/demolished?Eg Yes g No
If yes to either question, describe the extent of the demolition or removal, including the relocation
site,ifapplicable (also show on plans).
Only the 2 existing ground signs Mu be removed as noted above in Item E
III.LOT COVERAGE
A.Existing and Proposed
Usti Proposed Total
Building Coverage No change Sq.ft.sq. ft.sq. ft.
Landscaped Area No change sq. ft.sq. ft.sq. ft.
Hardscape Area No change sq. ft.sq. ft.sq.ft-
Unimproved Area (Left Natural)sq.ft sq. ft.sq.it
No change
P4 Page 2 of 6 Revised 08/16
("1**
slew
B.Parking:Number of existing spaces
NIA Number of new spaces proposed
No Change Existing/Proposed TOTAL:
Number of total spaces required
Number of covered spaces
Number of uncovered spaces
Number of standard spaces
Number of compact spaces
Is tandem parking existing? Yes No
Is tandem parking proposed? Yes No
C.Grade Alteration:
Is any grading proposed? Yes x No
If yes, please complete the following:
1.Amount of cut WA cu. yds.
2.Amount of fill WA cu. yds.
3.Maximum height of fill slope WA feet
4.Maximum height of cut slope WA feet
5.Amount of import or export N/A cu. yds.
6.Location of borrow or disposal site WA
P4 Page 3 of8 Revised MO
Development Services
C City of DISCLOSURE STATEMENT Planning Division
Carlsbad P-•I(A)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicants statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or arty 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:
Parson is defined as -Any indhridual, firm, co-partnemhip. Joint venture, association, social club, fraternal
organization, corporation, estate, bust, receiver, syndicate, in this and any other county, city and county,
city municipalky, district or other political subdivision or any other group or combination acting as a units
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.APPLICANT (Not the applicant's agent)
Provide the COMPLETE.LEGAL names and addresses of ha persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names,titles,addresses of all individuals owning more than 10%of the
shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE
INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned
corporation,Include the names,titles,and addresses of the corporate officers.(A
separate page may be attached if necessary.)
Person "corpipart N/A
Title Title
Address Address
2.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.F NO INDIVIDUALS OWN MORE
THAN 10%OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW.If a publicly-owned corporation Include the names,titles,and
addresses of the corporate officers.(A separate page may be attached if necessary.)
person N/A Corp/Part "
Title Title
Address Address
P-1(A)Page 1 of 2 Revised 07110
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 NIA Non Profit/Trust NIA
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?
Yes No If yes, please indicate person(s):
NOTE:Attach additional sheets if necessary.
I certify that the a information is true and correct to the a.t of
miliwledge.
Isr
Sig re of r/date S'•ure of ap
.17
nt/date
.7/76//tS &GalPrint or type name o owner Print or type name of applicant
ature of-ewnerlAst
-
applicant'aoentif applicable/date
52yt
Print or type name of ovmerla*licant's age—rit5
P-1(A)Pape 2 of 2 Revised 07/10
C
C City of PROJECT DESCRIPTION Development Services
Manning Division
Carlsbad P-1 (B)1635 Faraday Avenue
(760) 6024610
www.carlsbadca.gov
PROJECT NAME:Carlsbad Pacific Center
APPLICANT NAME:Brookwood Pectic Owner I, LLC 8 Brookwood PacMc Owner II, LLC ee tenants In common
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 masons
for,or appropriateness of, the application.Use an addendum sheet if necessary.
Description/Explanation:
Remove (2) existing ground signs -current size 58.83 sq.ft. each (total of 113.86 sq.ft.)
and install (2) new ground signs 56.75 sq.ft. each (total of 113.5 sq.fL)
new signs to be installed in same location as existing
P-1(B)Page 1 of 1 Revised 07/10
HAZARDOUS WASTE Development Services(City of AND SUBSTANCES Planning Dhoision
Carlsbad STATEMENT 163S Faraday Avenue
(760)602-4610P-1(C)www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65982.5,I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
is The development project and any alternatives proposed in this application we 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 applicationin contained on the lists
compiled pursuant to Section 85962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name:Brookwood Peak Me & BIDAWCOCIPoetic Otto reot II.LW Bwece Peat CIS UC Br:0mM MattOffie•LICName:
Address:138 Conant Street Address:138 Conant Street
Beverly, MA 01915 Beverly, MA 01915
Fiore Number 760-579-0144 Phone Number:978-720-7500
Address of Site:7°1, 703, 705 Palomar Airport Road
Local Agency (City and County):City of Carlsbad, County of San Diego
Assessor's book, page, and parcel number 210-100-14,210-100-15
Specify list(s):
Regulatory Identification Number.
Date of List:
Appli -•ignature/a :ter Pro Omer Sig Lure/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-in Page *02 Revised 02113
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed:3. 7-ci •11 (To be completed by City)
Application Number(s):212 P WI 001 -
1
General Information
1.Name of project Carlsbad Pacific Center
Brooicwood Peoilic Office I,LLC Broolovood Pacific Office II, LLC2.Name of developer or project sponsor.
Address:701, 703, 705 Palomar Airport Road
City, State, Zip Code:Carlsbad, CA 92011
Phone Number.978-720-7500
3.Name of person to be contacted concerning this project Susan Rudolph
Address:13100 Kirkham Way, #211
City, State, Zip Code:Poway, CA 92064
Phone Number:858-775-0488
4.Address of Project:701, 703, 705 Palomar Airport Road, Carlsbad, CA 92011
210-100-14,210-100-15Assessor's Parcel Number
5.List end describe any other related perrnks and other public approvals required for this project,
Including those required by city, regional, state and federal agencies:
City of Carlsbad sign permit
6.Existing General Plan Land Use Designation:Commercial Visitor
7.Existing zoning district M
8.Existing land use(s):Office /Commercial
9.Proposed use of site (Project for which this form is tied):Office /Commercial
Project Description
10.Site size:
11.Proposed Building square footage:N/A
12:Number of floors of construction:N/A
13.Amount of off-street parking provided:N/A
14.Assodated projects:N/A
P-1(D)Page 2 of 4 Revised 07/10
Log
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:tilA
N/A
17 If industrial, indicate type, estimated employment per shift, and loading facilities:
N/A
18.If institutional, Indicate the major fthiclion, estimated employment per shit estimated occupancy,
loading facilities, and community benefits to be derived from the project:
N/A
19.If the project involves a variance, conditional use or rezoning applications, state this and Indicate
clearly why the application is rewired:
N/A
P-1(0)Page3of4 Revised 07110
•
•fttiO .
r .
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 0 21
alteration of ground contours.
21.Change in scenic views or vistas from exlstkig residential areas or public lands or 0 0
roads.
22.Change In pattern, scale or character of general area of project.0 0
23.Significant amounts of solid waste or litter.0 a
24.Change In du*ash, smoke, fumes or odors in vicinity.0 21
25.Change In ocean,bay,lake,stream or ground water quality or quantity,or 0 a
alteration of existing drainage patterns.
28.Substantial change In existing noise or vibration levels in the vicinity.0 0
27.Site on Ned land or on slope of 10 percent or more.0 VI
28.Use of disposal of potentially hazardous materials,such as tonic substances,a 121
flammables or explosives.
29.Substantial change In demand for municipal services (poke, fire, water, sewage,0 VI
etc.).
30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).0 0
31.Relationship to a larger project or series of projects.0 1:3
Enviromnental Setting
Attach sheets that include a response to the following questions:
32.Describe the project site as It exists before the project, including information on topography, soli
stability, plants and animals, and any cultural, historical or scenic aspects.Deafle any misting
structures on the site, and the use of the structures.Attach photographs of the site.Snapshots
or Polaroid photos will be accepted.
33.Describe the surrouncang properties,Including information on plants and animals and any
cultural. historical or scenic aspects.Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores. etc.). and scale of
development (height,frontage,set-back,rear yard,etc.).Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my abitity, a •Aia
.thAttat
statements, and
Information nted are hue and correct to the best of my knowledge lit:II-Fp
Dab:-1.108(-477 eic Signature:Informations 4.14m
--
.
ir
For.TFoAIIIIRTItiA.'s A I.
P-1(D)Page 4 of 4 Willatlir Revised 07/10
City of STORM WATER STANDARDS Development Services
QUESTIONNAIRE land Development Engineering
Carlsbad E-34
1835 Faraday Avenue
(760) 602-2750
www.carlsbadcagov
INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the city requires that new
development end significant redevelopment priority projects incorporate Pertnenent Storm Water Best Management
Practices (MVPs) into the project design per Carlsbad BMP Design Manual (BMP Nieman!).To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, thecrefionely permits and/or construction permits).The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project Depending on the
outcome,your project will ether be subject to STANDARD PROJECT requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.City
staff has responsbNty for making the final assessment after submission of the development application.If staff
determines that the questionnaire was incorrectly filed out and is subject to more stringent storm water standards than
initially assessed by you, this coil result in the return of the development application as incomplete.In this case. please
make the changes to the questionnaire and resubmit to the city.
if you are unsure about the meaning of a question or need help in detennining how to respond to one or more of the
questions, Meese seek assistance from land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application.Only one
completed and signed questionnaire is required when multiple development applications for the same project are
subinNed concurrently.
PROJECT INFORMATION
PROJECT NAME: Carlsbad Pacific Center PROJECT ID:
ADDRESS: 701, 703, 705 Palomar Airport Road, Carlsbad, CA 92011 APN: 210-100-14,210-100-15
The project is (check one):0 New Development [2]Redevelopment
The total proposed disturbed area is:513•84 ft2 L I acres
The total proposed newly created and/or replaced impervious area is:517/84 ft2 (1 acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP *of the larger development project:
Project ID"SWQMP it NIA
Then, go to Step 1 end follow the instructions.When completed, sign the form at the end and submit this with your
aPPlicatIon to the city.
E-34 Page of 4 REV 02/18
C
'
.
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building
or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then go to Step 5,mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
There are (2) existing ground signs, each existing sign is 56.83 sq.ft. (total of 113.66 sq.ft.)
Proposed new signs are (2) ground signs, each sign 56.75 sq.ft. (total of 113.5 sq.ft.).New signs will be installed in same
location as existing.
Note:the ground area involved is 25.42 sq.ft. each -total of 50.84 sq.ft. of ground.
If you answered "no" to the above 9uestion, the project is a 'development protect', go to Step 2.
334 -*oat iota itt
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1.Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a)Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; 0b)Designed and constructed to be hydraulically disconnected from paved streets or roads;
c)Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets guidance?
2.Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in
accordance with the USEPA Green Streets guidance?
3.Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual?0 0
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5,mark
the second box stating "my project is EXEMPT from PDP ..." and complete applicant information.
Discussion to justify exemption ( e.g.the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 02/16
STEPS
TO BE COMPLETED FOR ALL NEW OR.REDEVELOPMENT PROJECTS
To determine if your project Is a PDP, please answer the Mowing questions (MS4 Permit Provision E.3.b.(1)):
YES NO
1.Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site?This includes commercial,industrial,residential,mded-use.0 0
and public development projects on public or private land.
2.Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface colectively over the entire project site on an existing site of 10,000 square feet or 0 r
more of impervious surface?n*Includes commercial, industrial, residential,mixed-use, and pubic ,
development projects on pubic or private land.
3.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant?A restaurant is
a facility that stills prepared foods and drinks for consumption, including stationary lunch counters and 0 0
refreshment stands soling prepared foods and drinks for immediate consumption (Standard Industrial
Cessificrdion (SIC) code 5812).
4.la your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project?A habide ,0 0
development project Mcludes development on any natural slope that is twenty-five percent or greater.
5.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is
a land area or facility for the temporary parking or storage of motor vehicles used personably for
business or forcarmen*.
8.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a street,road,highway 0 0freeway or driveway?A street, road, highway, freeway or driveway is any paved impervious surface
_used for the transportation atautomobiles, thinks, motorcycles, and other vehicles.
7.is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface colectively over the entire site,and discharges directly to an Environmentally
Sensitive Area (ESA)?'Discharging DIrecify to" Includes flow that is conveyed overland a distance of 0 0
200 fed or less torn the project to the ESA, or conveyed Ina pipe or open charnel any distance as an
isolated flow from the project to the ESA (Le. not commingled with flows from adjacent lands).*
B.le your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop?An automotive repak 0shop is a facility that is categorized In any one of the following Standard Industrial ClassMcation (SIC)
codes: 5013, 5014, 5541, 7532-7534,a 7538-7539.
9.Is your project a new development or redevelopment project that creates and/or replaces 5.000 square
feet or more of impervious area that supports a rota gasoline outlet (RGO)?Thls category kicludes 0 0RGO's that meet the following criteria-(a) 5,000 square feet or more or (b) a project Average Daly
Traffic (ADT)of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land
and are expected to generate pollutants post construction?0 0
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%?(CMC 021.203.040)
If you answered "yes' to one or more of the above questions, your project is a POP.If your project is a redevelopment
project,go to step 4.If your project is a new project, go to step 5, check the first box stating %ty project is a PDP
and complete applicant information.
If you answered 'no' to all of the above questions, your project is a 'STANDARD PROJECT.'Go to step 5, check the
second box stating 'My project is a 'STANDARD PROJECT...' and complete applicant information.
E-34 Page 3 of 4 REV 02/16
.•
STEP 4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ME PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of Impervious surface WI an amount
of lees than 50%of the sixface area of the previously Gaffing development?Complete the pen:ent
impervious calculation below
Existing impervious area (A) =sq.ft 0 0
Total proposed newly created or replaced impenrious area (B)
Percent knpervious area created or replaced (B/A)'100 =
If you answered 'yes', the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development Go to step 5, check the first box stating 'My project is a PDP and complete
applicant Wormation.
If you answered °no,' the structural BMP's required for PDP apply to the entire development Go to step 5,check the
check the first box stating 'My project Is a PDP and complete applicant Information.
StEP
CHECK DIE APPROPRIATE BOX AND. COMPLETE APPLICANT DIFORFAATION
1:3 My project Is a PDP and must comply with PDP stormwater requirements of the BMP Manual.I understand I must
prepare a Storm Water Quality Management Plan (SWAMP) for submittal at time of application.
My Project Is a 'STANDARD PROJECT OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT
stormwader requirements of the BMP Manual.As pert of these requirements,I will submit a 'Standard Project
Requirement Checkfiet Form E-36' end incorporate low Impact development strategies throughout my project.
Note: For projects that are close to meeting the PDP threshold staff may require detailed Impervious area calculations
and exhblts to verify 'STANDARD PROJECT stormwater requirements apply.
rz( My Project is NOT edevelopment project'and is not subject to the requirements of the BMP Manual
Applicant Information and Signature Box
Applicant Name:11\rarna f1011 Applicant Title:1l\AD3661-
Applicant Signature:a•••All Date:jait4/4or fic.6277"
•EnWrorsdally Senalve Aso Wads but are not •to al Clean WON M BM*3030 MOW baler boa.ors 4481443144 114 Moeof %ear
aralagtear Signifitance by go Blab Water Reouroas 0..•Board WM Qua*Control Man *tha Ban Diego Sisal (1994) and amdments); ester bodesMoot*sib ins RARE buns.*too by ea INabir Rasourats Cori*Bawd (Waist Quality Control Plan for the Sun Dingo Basin (1904)andamandmir):war designedea profane a tat octet to Mt Midas Commotion Program**M Ms CMGs and Cam d San Disga HabitatIlaragonstOrand any agar *Ord*anaromontally amid*areas WithMa been 'MIMS by IS Cry.
This Box Mr Use •
YES NO
City Concurrence:
By
Date:
Project ID:
E-34 Page 4 04 REV 02118
•
7---)Fidelity National-title Company
Off-
Vtin 555 California Street, Suite 4925, San Francisco, CA 94104
Phone:(415) 659-1846• Fax:
Issuing Policies of Fidelity National Title Insurance Company
Title Officer:Trent Cornell (MA Bay -SoCal)Order No.:990-23061193-TC9
TO:
Goodwin Procter LLP
601 S. Figueroa St., 41st Floor
Los Angeles, CA 90017
ATTN: .Jennifer Sung
YOUR REFERENCE:
PROPERTY ADDRESS:701, 703 &705 Palomar Airport Road, Carlsbad, CA
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein,Fidelity National 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 ofany 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 ofsaid policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks ofsaid policy or policies are set
forth in Attachment One.The policy to be issued may contain an arbitration clause.When the Amount ofInsurance is less
than that setforth in the arbitration clause,all arbitrable matters shall be arbitrated at the option ofeither the Company or
the Insured as the exclusive remedy of the parties.Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowner's Policies ofTitle Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liabilityfor
certain coverages are also setforth in Attachment One.Copies ofthe 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 solelyfor the purpose of facilitating the issuance of a
policy oftitle insurance and no liability is assumed hereby.If it is desired that liability be assumedprior to the issuance ofa
policy oftitle insurance, a Binder or Commitment should be requested.
The policy(s)of title insurance to be issued hereunder will be policy(s)of Fidelity National Title Insurance Company,a
California Corporation.
Please read the exceptions shown or referred to herein and the exceptions and exclusions setforth in Attachment One of
this report carefully. The exceptions and exclusions are meant to provide you wills notice ofmatters which are not covered
under the terms ofthe 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 oftitle and may not
list all liens, defects and encumbrances affecting title to the land
Countersigned by:
Authorized Signature
MAR 2 9 2017
CLTA Preliminary Report Form —Modified (11117106)Page 1
Fidelity Nationaitle Company
555 California Street, Suite 4925, San Francisco, CA 94104
Phone:(415) 659-1846• Fax:
PRELIMINARY REPORT
EFFECTIVE DATE:March 12, 2015 at 7:30 a.m.
ORDER NO.:990-23061193-TC9
The form of policy or policies of title insurance contemplated by this report is:
CLTA Standard Coverage Policy (04-08-14)
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:
COGNAC CARLSBAD PACIFIC CENTER LLC,a Delaware limited liability company
3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
See Exhibit A attached hereto and made a part hereof.
CLTA Preliminary Report Form—Modified (11/17/06)Page 2
PRELIMINARY REPORT Fidelity National Title Company
Your Reference:Order No.:990-23061193-TC9
EXHIBIT A
LEGAL DESCRIPTION
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:
PARCELS 1,2 AND 3 OF PARCEL MAP NO.15386,IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 16, 1988 AS FILE NO. 1988-467890 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION OF PARCEL 1 CONVEYED TO THE CITY OF CARLSBAD BY DEED
RECORDED AUGUST 14,1992 AS FILE NO.1992-0512699 OF OFFICIAL RECORDS OF SAID SAN DIEGO
COUNTY AND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 1;
THENCE SOUTH 84° 25' 48" EAST (NORTH 84° 28' 34" WEST AS SHOWN ON CALTRANS RIGHT-OF-WAY MAP
NO. 3773) 109.32 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL 1;
THENCE SOUTH 62° 07' 37" EAST 21.45 FEET ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 TO THE
POINT OF CUSP WITH A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 713.58 FEET, TO WHICH A
RADIAL LINE BEARS NORTH 13°21' 58" EAST;
THENCE WEST 83.63 FEET ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 06°42'54"TO THE
BEGINNING OF A REVERSE CURVE,CONCAVE TO THE NORTH, HAVING A RADIUS OF 2557.42 FEET,A
RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE, BEARS S 06° 39' 04 WEST;
THENCE WESTERLY 41.15 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0° 55' 19";
THENCE NORTH 77° 34' 39" WEST 4.73 FEET TO THE POINT OF BEGINNING.
APN:210-100-14, 15,16 AND 17
CLTA Preliminary Report Form—Modified (11/17/06)Page 3
INN
PRELIMINARY REPORT Fidelity National Title Company
Your Reference:Order No.:990-23061193-TC9
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 2015-2016.
B.Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:
Tax Identification No.:210-100-14-00
Fiscal Year:2014-2015
1st Installment:$5,439.38, paid.
2nd Installment:$5,439.38, OPEN (Delinquent after April 10)
Penalty and Cost:$553.93
Homeowners Exemption:$0.00
Code Area:09000
Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:
Tax Identification No.:210-100-15-00
Fiscal Year:2014-2015
1st Installment:$31,155.22, paid.
2nd Installment:$31,155.22, OPEN (Delinquent after April 10)
Penalty and Cost:$3,125.52
Homeowners Exemption:$0.00
Code Area:09034
Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:
Tax Identification No.:210-100-16-00
Fiscal Year:2014-2015
1st Installment:$20,605.63, paid.
2nd Installment:$20,605.63, OPEN (Delinquent after April 10)
Penalty and Cost:$2,070.56
Homeowners Exemption:$0.00
Code Area:09034
Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:
Tax Identification No.:210-100-17-00
Fiscal Year:2014-2015
1st Installment:$36,081.26, paid.
2nd Installment:$36,081.26, OPEN (Delinquent after April 10)
Penalty and Cost:$3,618.12
Homeowners Exemption:$0.00
Code Area:09000
C.Any liens or other assessments, bonds,or special district liens including without limitation, Community Facility
Districts, that arise by reason of any local, City, Municipal or County Project or Special District.
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,ofthe Revenue and
Taxation Code of the State ofCalifornia as a result ofthe 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 ofPolicy.
CLTA Preliminary Report Form -Modified (11/17/06)Page 4
PRELIMINARY REPORT Fidelity National Title Company
Your Reference:Order No.:990-23061193-TC9
EXCEPTIONS
(Continued)
1.Water rights, claims or title to water, whether or not disclosed by the public records.
2.The ownership of said Land does not include rights ofaccess to or from the street, highway, or freeway abutting said
Land, such rights having been relinquished by the document,
Recording Date:June 18, 1965
Recording No:108756.Official Records
Affects:The easterly boundary adjoining freeway
3.Fasement(s)for the purpose(s) shown below and rights incidental thereto,as granted in a document:
Granted to:San Diego Gas and Electric Company
Purpose:Public utilities, ingress and egress
Recording Date:August 19, 1966
Recording No:135093, Official Records
Affects:A portion ofthe land over Parcel 3
4.Easement(s)for the purpose(s) shown below and rights incidental thereto,as granted in a document:
Granted to:San Diego Gas and Electric Company
Purpose:Public utilities, ingress and egress
Recording Date:November 22, 1985
Recording No:85-443577, Official Records
Affects:A portion ofthe land over Parcels 1 and 3
5.A resolution ofthe City Council ofthe City of Carlsbad, California establishing a bridge and thoroughfare district to
finance the costs of major public bridge improvements in said city was recorded August 19,1986 as file no.86-
356638,of Official Records, no payments under which are outstanding.
6.Covenants, conditions, restrictions and easements but omitting any covenants or restrictions,if any,including but
not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability,
handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition
or genetic information,as set forth in applicable state or federal laws,except to the extent that said covenant or
restriction is permitted by applicable law,as set forth in the document
Recording Date:March 3, 1988
Recording No:88-098430, Official Records
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage
or deed of trust made in good faith and for value.
7.The ownership of said Land does not include rights ofaccess to or from the street, highway, or freeway abutting said
Land, such rights having been relinquished by said map/plat.
Affects:The westerly boundary adjoining Avenida Encinas from Parcels 2 and 3
8.Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document:
Granted to:City of Carlsbad
Purpose:General utility and access purposes
Recording Date:June 2,1989
Recording No:89-292347, Official Records
Affects:A portion ofsaid land.
CLTA Preliminary Report Form—Modified (11/17/06)Page 5
PRELIMINARY REPORT Fidelity National Title Company
Order No.:990-23061193-TC9
Your Reference:
EXCEPTIONS
(Continued)
9.Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document:
Granted to:Pacific Bell, a California corporation
Purpose:Public utilities
Recording Date:March 13, 1991
Recording No:1991-0110199. Official Records
Affects:A portion of the land.
The exact location and extent of said easement is not disclosed of record.
10.The ownership ofsaid 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 document,
Recording Date:August 14, 1992
Recording No:1992-0512699, Official Records
Affects:A portion of the land over Parcel 1.
11.Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document:
Granted to:City ofCarlsbad, a municipal corporation
Purpose:Drainage
Recording Date:August 14, 1992
Recording No:1992-0512700, Official Records
Affects:A portion ofthe land.
12.Easement(s)for the purpose(s) shown below and rights incidental thereto,as granted in a document:
Granted to:City of Carlsbad,a municipal corporation
Purpose:Slope easement
Recording Date:August 14, 1992
Recording No:1992-0512702, Official Records
Affects:A portion ofthe land.
13.A portion of said land is shown on Record of Survey Map No. 14619 recorded August 18, 1994.
14.A Notice
Entitled:A Notice ofRestriction on Real Property
For:Carlsbad Pacific Center PCS Facility
Executed by:City of Carlsbad
Recording Date:November 21, 1996
Recording No:1996-0590839. Official Records
Reference is hereby made to said document for full particulars.
Affects:Parcel 1
CLTA Preliminary Report Form—Modified (11/17/06)Page 6
PRELIMINARY REPORT Fidelity National Title Company
Your Reference:Order No.:990-23061193-TC9
EXCEPTIONS
(Continued)
15.A Notice
Entitled:A Notice of Restriction on Real Property
For:Airtouch Pacific One Plaza
Executed by:City of Carlsbad
Recording Date:June 26, 1997
Recording No:1997-0300317, Official Records
Reference is hereby made to said document for full particulars.
Affects:Parcel 1
16.A Notice
Entitled:Notice of Restriction on Real Property
For:Carlsbad Pacific Center —Phase III
Executed by:City of Carlsbad
Recording Date:November 27, 2000
Recording No:2000-0641753, Official Records
Reference is hereby made to said document for full particulars.
Affects:Parcel 3
17.A Notice
Entitled:Notice ofRestriction on Real Property
For:National University
Executed by:City ofCarlsbad
Recording Date:November 15, 2002
Recording No:2002-1028500. Official Records
Reference is hereby made to said document for full particulars.
Affects:Parcel 3
18.A Notice
Entitled:Notice ofRestriction on Real Property
For:Cingular Carlsbad Pacific Building
Executed by:City ofCarlsbad
Recording Date:July 10, 2003
Recording No:2003-0821904, Official Records
Reference is hereby made to said document for full particulars.
Affects:Parcel 1
CLTA Preliminary Report Form —Modified (11/17/06)Page 7
"tt
PRELIMINARY REPORT
Fidelity National Title Company
Order No.:990-23061193-TC9
Your Reference:
EXCEPTIONS
(Continued)
19.A Notice
Entitled:Notice ofRestriction on Real Property
For:Verizon Pacific Center One
Executed by:City of Carlsbad
Recording Date:July 8, 2009
Recording No:2009-0373687, Official Records
Reference is hereby made to said document for full particulars.
Affects:Parcel 1
20.A Notice
Entitled:Notice ofRestriction on Real Property
For:Carlsbad Pacific Center WCF
Executed by:City of Carlsbad
Recording Date:December 31, 2013
Recording No:2013-0746435. Official Records
Reference is hereby made to said document for full particulars.
Affects:Parcel 1
21.Please be advised that our search did not disclose any open Deeds of Trust of record.If you should have knowledge
ofany outstanding obligation, please contact the Title Department immediately for further review prior to closing.
22.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.
23.Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said
easements are visible and apparent.
24.Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said Land
that is satisfactory to the Company, and/or by inquiry ofthe parties in possession thereof.
PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH
FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION.
END OF EXCEPTIONS
CLTA Preliminary Report Form —Modified (11/17/06)Page 8
PRELIMINARY REPORT Fidelity National Title Company
Your Reference:Order No.:990-23061193-TC9
REQUIREMENTS SECTION
1.The Company will require the following documents for review prior to the issuance of any title insurance predicated
upon a conveyance or encumbrance from the entity named below:
Limited Liability Company:Cognac Carlsbad Pacific Center LLC,a Delaware limited liability company
a)A copy of its operating agreement,if any, and any and all amendments, supplements and/or modifications
thereto, certified by the appropriate manager or member
b)If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto
with the appropriate filing stamps
c)If the Limited Liability Company is member-managed,a full and complete current list ofmembers certified
by the appropriate manager or member
d)If the Limited Liability Company was formed in a foreign jurisdiction,evidence,satisfactory to the
Company, that it was validly formed, is in good standing and authorized to do business in the state oforigin
e)If less than all members, or managers,as appropriate,will be executing the closing documents,furnish
evidence of the authority ofthose signing.
The Company reserves the right to add additional items or make further requirements after review ofthe requested
documentation.
2.Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration.A form of the Owner's
Affidavit/Declaration is attached to this Preliminary Report/Commitment.This Affidavit/Declaration is to be
completed by the record owner of the land and submitted for review prior to the closing ofthis transaction. Your
prompt attention to this requirement will help avoid delays in the closing ofthis transaction. Thank you.
The Company reserves the right to add additional items or make further requirements after review ofthe requested
Affidavit/Declaration.
END OF REQUIREMENTS
CLTA Preliminary Report Form— Modified (11/17/06)Page 9
PRELIMINARY REPORT
Fidelity National Title Company
YourReference:
Order No.:990-23061193-TC9
INFORMATIONAL NOTES SECTION
1.None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to
an Extended Coverage Loan Policy, when issued.
2.The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116
indicating that there is located on said Land Commercial properties, known as 701, 703 &705 Palomar Airport
Road, located within the city of Carlsbad, California,,to an Extended Coverage Loan Policy.
3.Note:The policy of title insurance will include an arbitration provision. The Company or the insured may demand
arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any service ofthe Company in connection with its issuance
or the breach of a policy provision or other obligation.Please ask your escrow or title officer for a sample copy of
the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your
Title Insurance coverage.
4.Note:There are NO conveyances affecting said Land recorded within 24 months ofthe date of this report.
END OF INFORMATIONAL NOTES
Trent Cornell (MA Bay -SoCal)/maf
CLTA Preliminary Report Form —Modified (11/17/06)Page 10
--"•••
PRELIMINARY REPORT Fidelity National Title Company
Your Reference:Order No.:990-23061193-TC9
FIDELITY NATIONAL FINANCIAL
PRIVACY NOTICE
Fidelity National Financial,Inc.and its majority-owned nothing personal about the user other than the IP address from
subsidiary companies providing real estate-and loan-related which the user has accessed the Website.
services (collectively,"FNF", "our"or "we") respect and are Cookies. From time to time, FNF or other third parties maycommitted to protecting your privacy. This Privacy Notice lets send a "cookie" to your computer.A cookie is a small piece ofyou know how and for what purposes your Personal Information data that is sent to your Internet browser from a web server and
(as defined herein)is being collected,processed and used by stored on your computer's hard drive and that can be re-sent toFNF. We pledge that we will take reasonable steps to ensure that the serving website on subsequent visits.A cookie,by itself,your Personal Information will only be used in ways that are in cannot read other data from your hard disk or read other cookiecompliancewiththisPrivacyNotice.The provision of this files already on your computer.A cookie,by itself,does notPrivacy Notice to you does not create any express or implied damage your system. We, our advertisers and other third partiesrelationship,or create any express or implied duty or other may use cookies to identify and keep track of,among otherobligation,between Fidelity National Financial,Inc.and you.thin' gs,those areas of the Website and third party websites thatSeealso No Representations or Warranties below.you have visited in the past in order to enhance your next visit to
This Privacy Notice is only in effect for any generic information the Website. You can choose whether or not to accept cookies by
and Personal Information collected and/or owned by FNF,changing the settings of your Internet browser,but some
including collection through any FNF website and any online functionality of the Website may be impaired or not function as
features, services and/or programs offered by FNF (collectively,intended. See the Third Party Opt Out section below.
the "Website").This Privacy Notice is not applicable to any Web Beacons.Some of our web pages and electronicother web pages, mobile applications,social media sites, email communications may contain images, which may or may not belists,generic information or Personal Information collected visible to you, known as Web Beacons (sometimes referred to asand/or owned by any entity other than FNF."clear gifs"). Web Beacons collect only limited information that
How Information is Collected includes a cookie number; time and date of a page view; and a
The types of personal information FNF collects may include,description of the page on which the Web Beacon resides. We
among other things (collectively,"Personal Information"):(1)may also carry Web Beacons placed by third party advertisers.
contact information (e.g., name,address,phone number,email These Web Beacons do not carry any Personal Information and
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ID/UDID; (4) social security number (SSN), student ID (SIN),below.
driver's license, passport, and other government ID numbers; (5)Unique Identifier.We may assign you a unique internalfinancialaccountinformation;and (6)information related to identifier to help keep track of your future visits. We may useoffenses or criminal convictions.this information to gather aggregate demographic information
In the course of our business,we may collect Personal about our visitors,and we may use it to personalize the
Information about you from the following sources:information you see on the Website and some of the electronic
•Applications or other forms we receive from you or your communications you receive from us. We keep this information
authorized representative;for our internal use,and this information is not shared with•Information we receive front you through the Website;others.•Information about your transactions with or services performed by
us, our affiliates, or others; and Third Party Opt Out. Although we do not presently, in the
•From consumer or other reporting agencies and public future we may allow third-party companies to serve
records maintained by governmental entities that we either advertisements and/or collect certain anonymous information
obtain directly from those entities, or from our affiliates or when you visit the Website.These companies may use non-
others.personally identifiable information (e.g.,click stream
information,browser type,time and date,subject ofAdditionalWaysInformationisCollectedThroughtheadvertisements clicked or scrolled over) during your visits to theWebsiteWebsite in order to provide advertisements about products and
Browser Log Piles.Our servers automatically log each services likely to be of greater interest to you. These companies
visitor to the Website and collect and record certain information typically use a cookie or third party Web Beacon to collect this
about each visitor.This information may include IP address,information,as further described above.Through these
browser language,browser type,operating system,domain technologies,the third party may have access to and use non-
names, browsing history (including time spent at a domain, time personalized information about your online usage activity.
and date of your visit), referring/exit web pages and URLs, and You can opt-out of certain online behavioral services throughnumberofclicks.The domain name and IP address reveal any one ofthe ways described below.After you opt-out, you may
Privacy Notice
Effective:January 6, 2015
PRELIMINARY REPORT Fidelity National Title Company
Your Reference:Order No.:990-23061193-TC9
INFORMATIONAL NOTES
(Continued)
continue to receive advertisements, but those advertisements will rights of third parties;or (4)protect the rights,property or
no longer be as relevant to you.personal safety ofFNF, its users or the public.
•You can opt-out via the Network Advertising Initiative industry We maintain reasonable safeguards to keep the Personalopt-out at htto://www.networkadvertising.ors.
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http://www.abou tads info.Information and non-Personal Information to our subsidiaries,
•For those in the U.K., you can opt-out via the IAB UK's industry affiliated companies,and other businesses or persons for the
opt-out at http://www.yourontinechoices.com.purposes of processing such information on our behalf and
•You can configure your web browser (Chrome,Firefox,promoting the services of our trusted business partners, some or
Internet Explorer,Safari,etc.) to delete and/or control the all ofwhich may store your information on servers outside ofthe
use ofcookies.United States. We require that these parties agree to process such
information in compliance with our Privacy Notice or in aMoreinformationcanbefoundintheHelpsystemof your
similar, heir use
manner, and we use reasonable effortsbrowser. Note:If you opt-out as described above, you should not to limit their use of such information and to use other appropriatedelete your cookies.If you delete your cookies, you will need to confidentiality and security measures.The use of youropt-out again.information by one of our trusted business partners may be
Use of Personal Information subject to that party's own Privacy Notice. We do not, however,
Information collected by FNF is used for three main purposes:disclose information we collect from consumer or credit
•To provide products and services to you or one or more third party reporting agencies with our affiliates or others without your
service providers (collectively, "Third Parties") who are obtaining consent,in conformity with applicable law,unless such
services on your behalf or in connection with a transaction disclosure is otherwise permitted by law.
involving you.
We also reserve the right to disclose Personal Information and/or•To improve our products and services that we perform for you or
for Third Parties.non-Personal Information to take precautions against liability,
•To communicate with you and to inform you about FNF's,investigate and defend against any third-party claims or
FNF's affiliates and third parties' products and services.allegations, assist government enforcement agencies, protect the
security or integrity of the Website,and protect the rights,When Information Is Disclosed By FNF property, or personal safety ofFNF, our users or others.We may provide your Personal Information (excluding
information we receive from consumer or other credit reporting We reserve the right to transfer your Personal Information,as
agencies) to various individuals and companies,as permitted by well as any other information,in connection with the sale or
law, without obtaining your prior authorization. Such laws do not other disposition of all or part of the FNF business and/or assets.
allow consumers to restrict these disclosures.Disclosures may We also cannot make any representations regarding the use or
include, without limitation, the following:transfer of your Personal Information or other information that
•To agents, brokers, representatives, or others to provide you with we may have in the event of our bankruptcy,reorganization,
services you have requested, and to enable us to detect or prevent insolvency,receivership or an assignment for the benefit of
criminal activity,fraud,material misrepresentation,or creditors, and you expressly agree and consent to the use and/or
nondisclosure in connection with an insurance transaction;transfer of your Personal Information or other information in•To third-party contractors or service providers who provide connection with a sale or transfer of some or all of our assets inservicesor perform marketing services or other functions on our any of the above described proceedings. Furthermore, we cannotbehalf;and will not be responsible for any breach of security by any•To law enforcement or other governmental authority in connection third parties or for any actions of any third parties that receivewithaninvestigation,or civil or criminal subpoenas or court any ofthe information that is disclosed to us.orders; and/or
•To lenders, lien holders, judgment creditors, or other parties Information From Childrenclaiming an encumbrance or an interest in title whose claim We do not collect Personal Information from any person that we
or interest must be determined, settled, paid or released prior know to be under the age of thirteen (13).Specifically,thetoatitle or escrow closing.Website is not intended or designed to attract children under the
age of thirteen (13). You affirm that you are either more than 18Inadditiontotheothertimeswhenwemightdiscloseyearsofage,or an emancipated minor, or possess legal parentalinformation about you, we might also disclose information when or guardian consent,and are fully able and competent to enterrequired by law or in the good-faith belief that such disclosure is
necessary to: (1) comply with a legal process or applicable laws;into the terms,conditions,obligations,affirmations,
representations,and warranties set forth in this Privacy Notice,(2) enforce this Privacy Notice; (3) respond to claims that any
and to abide by and comply with this Privacy Notice. In any case,materials,documents,images,graphics,logos,designs,audio,
You affirm that you are over the age of 13,as TILE WEBSITEvideoandanyother information provided by you violates the •y
Privacy Notice
Effective:January 6, 2015
tr'N
PRELIMINARY REPORT Fidelity National Title Company
Your Reference:Order No.:990-23061193-TC9
INFORMATIONAL NOTES
(Continued)
IS NOT INTENDED FOR CHILDREN UNDER 13 THAT provision of your Personal Information is required to apply for an
ARE UNACCOMPANIED BY HIS OR HER PARENT OR open position.
LEGAL GUARDIAN.If FNF collects Personal Information from you, such information
Parents should be aware that FNF's Privacy Notice will govern will not be disclosed or used by FNF for purposes that are
our use of Personal Information, but also that information that is incompatible with the purpose(s)for which it was originally
voluntarily given by children —or others —in email exchanges,collected or for which you disclosure and use.
bulletin boards or the like may be used by other parties to You may opt out of online behavioral advertising by followinggenerateunsolicitedcommunications.FNF encourages all .the instructions set forth above under the above sectionparents to instruct their children in the safe and responsible use "Additional Ways That Information Is Collected Through theoftheirPersonal Information while using the Internet.Website," subsection "Third Party Opt Out"
Privacy Outside the Website Access and CorrectionTheWebsitemaycontainvariouslinkstootherwebsites,To access your Personal Information in the possession of FNFincluding links to various third party service providers. FNF is and correct inaccuracies ofthat information in our records, pleasenot and cannot be responsible for the privacy practices or the contact us in the manner specified at the end of this Privacycontentofanyofthoseotherwebsites.Other than under Notice.We ask individuals to identify themselves and theagreementswith certain reputable organizations and companies,.information requested to be accessed and amended beforeand except for third party service providers whose services either processing such requests, and we may decline to process requestswe use or you voluntarily elect to utilize, we do not share any of in.limited circumstances as permitted by applicable privacythe Personal Information that you provide to us with any of the legislation.websites to which the Website links,although we may share
aggregate,non-Personal Information with those other third Your California Privacy Rights
parties. Please check with those websites in order to determine Under California's "Shine the Light"law,California residents
their privacy policies and your rights under them.who provide certain personally identifiable information in
European Union Users connection with obtaining products or services for personal,
family or household use are entitled to request and obtain fromIfyouareacitizenofthe European Union, please note that we
may transfer your Personal Information outside the European us once a calendar year information about the customer
.mformation we shared,if any,with other businesses for theirUnion for use for any of the purposes described in this Privacy own direct marketing uses.If applicable, this information wouldNotice. By providing FNF with your Personal Information, you
consent to both our collection and such transfer of your Personal include the categories of customer information and the names
Information in accordance with this Privacy Notice.and addresses of those businesses with which we shared
customer information for the immediately prior calendar year
Choices With Your Personal Information (e.g., requests made in 2015 will receive information regarding
Whether you submit Personal Information to FNF is entirely up 2014 sharing activities).
to you. You may decide not to submit Personal Information, in To obtain this information on behalf of FNF,please send anwhichcaseFNF may not be able to provide certain services or email message to privacy@fnEcom with "Request for Californiaproducts to you.Privacy Information" in the subject line and in the body of your
You may choose to prevent FNF from disclosing or using your message.We will provide the requested information to you at
Personal Information under certain circumstances ("opt out").your email address in response.
You may opt out of any disclosure or use of your Personal Please be aware that not all information sharing is covered by theInformationforpurposesthatareincompatiblewiththe"Shine the Light" requirements and only information on coveredpurpose(s) for which it was originally collected or for which you sharing will be included in our response.subsequently gave authorization by notifying us by one of the
methods at the end of this Privacy Notice.Furthermore,even Additionally,because we may collect your Personal Information
where your Personal Information is to be disclosed and used in from time to time,California's Online Privacy Protection Act
accordance with the stated purposes in this Privacy Notice, you requires us to disclose how we respond to "do not track" requests
may elect to opt out ofsuch disclosure to and use by a third party and other similar mechanisms. Currently, our policy is that we do
that is not acting as an agent of FNF. As described above, there not recognize "do not track" requests from Internet browsers and
are some uses from which you cannot opt-out.similar devices.
Please note that opting out of the disclosure and use of your No Representations or Warranties
Personal Information as a prospective employee may prevent you By providing this Privacy Notice,Fidelity National Financial,
from being hired as an employee by FNF to the extent that Inc. does not make any representations or warranties whatsoever
Privacy Notice
Effective:January 6, 2015
.PRELIMINARY REPORT Fidelity National Title Company
Your Reference:Order No.:990-23061193-TC9
INFORMATIONAL NOTES
(Continued)
concerning any products or services provided to you by its unless you inform us otherwise by means of the procedure
majority-owned subsidiaries.In addition,you also expressly identified below.If we decide to change this Privacy Notice, we
agree that your use of the Website is at your own risk. Any will make an effort to post those changes on the Website. Each
services provided to you by Fidelity National Financial,Inc.time we collect information from you following any amendment
and/or the Website are provided "as is" and "as available" for ofthis Privacy Notice will signify your assent to and acceptance
your use,without representations or warranties of any kind,of its revised terms for all previously collected information and
either express or implied,unless such warranties are legally information collected from you in the future.We may use
incapable of exclusion.Fidelity National Financial, Inc. makes comments, information or feedback that you may submit in any
no representations or warranties that any services provided to manner that we may choose without notice or compensation to
you by it or the Website, or any services offered in connection you.
with the Website are or will remain uninterrupted or error-free,
that defects will be corrected or that the web pages on or If you have additional questions or comments, please let us know,
accessed through the Website, or the servers used in connection by sending your comments or requests to:
with the Website,are or will remain free from any viruses,Fidelity National Financial, Inc.
worms, time bombs, drop dead devices, Trojan horses or other 601 Riverside Avenue
harmful components. Any liability of Fidelity National Financial,Jacksonville, Florida 32204
Inc.and your exclusive remedy with respect to the use of any Attn: Chief Privacy Officer
product or service provided by Fidelity National Financial, Inc.(888) 934-3354
including on or accessed through the Website,will be the re-privacy@fnf.com
performance ofsuch service found to be inadequate.Copyright C 2015. Fidelity National Financial, Inc.All Rights
Your Consent To This Privacy Notice Reserved.
By submitting Personal Information to FNF, you consent to the
collection and use of information by us as specified above or as EFFECTIVE AS OF: JANUARY 6, 2015
we otherwise see fit, in compliance with this Privacy Notice,
Privacy Notice
Effective:January 6, 2015
Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial,Inc.and its
subsidiaries ("FNF") must deliver a notice ofeach 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 field rate.As such,your transaction may not qualify for the below
discounts.
You are encouraged to discuss the applicability of one or more ofthe 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 each discount. These discounts only apply to transaction 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.
FNF Underwritten Title Company FNF Underwriter
FNTC -Fidelity National Tide Company FNTIC -Fidelity National Title Insurance Company
FNTCCA —Fidelity National Title Company of California
Available Discounts
CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (FNTIC)
Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be
reopened within 12 or 36 months and all or a portion of the charge previously paid for the report or commitment may be
credited on a subsequent policy charge.
DISASTER LOANS (FNTIC)
The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of
record,within 24 months of the date of a declaration of a disaster area by the government ofthe 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 50%of the
appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (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 50% to 70%ofthe appropriate tide
insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50%of the
appropriate title insurance rate, depending on the type ofcoverage selected.
CA Discount Notice Effective Date:12/02/2014
Attachment One (Revised 06-08-14)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY —1990 (04-08-14)
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:
I.(a)My 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 ofthe land or any parcel ofwhich the land is or was a part; or (iv) environmental protection, or the effect ofany violation
ofthese laws, ordinances or governmental regulations, except to the extent that a notice ofthe 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 ofPolicy.
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 ofPolicy; 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 ofthe lien ofthe insured mortgage because ofthe inability or failure ofthe insured at Date ofPolicy, 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 ofthe lien ofthe insured mortgage, or claim thereof, which arises out ofthe 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 ofthe insured lender, by reason ofthe 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 reasonof:
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 therecordsofsuch agency or by the public records.
2.My facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection oftheland 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.My lien or right to a lien for services, labor or material not shown by the public records.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:I.Governmental police power, and the existence or violation ofthose portions of any law or government regulation concerning:
a.building;
b.zoning;
tg)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 underlicense or express permission from the California Land Title Association.
CLTA PRELIMINARY REPORT FOP Attachment One (Revised 06-05-14)
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;
c.that result in no loss to You; or
cL 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 ofSchedule 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 ofthe Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy,
state insolvency, or similar creditors' rights laws.
8.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
•For Covered Risk 16,18,19,and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A.
The deductible amounts and maximum dollar limits shown on ScheduleA are as follows:
Our Maximum Dollar
Your Deductible Amount Limit of Liability
1.00%ofPolicy Amount Shown in Schedule A
or $2,500.00
Covered Risk 16:(whichever is less)$10,000.00
1.00%ofPolicy Amount Shown in Schedule A
or $5,000.00
Covered Risk 18:(whichever is less)$25,000.00
1.00%ofPolicy Amount Shown in ScheduleA
or $5,000.00
Covered Risk 19:(whichever is less)$25,000.00
1.00%ofPolicy Amount Shown in ScheduleA
or $2,500.00
Covered Risk 21:(whichever is less)$5,000.00
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,
attorneys' fees, or expenses that arise by reason of:
1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i)the occupancy, use, or enjoyment ofthe 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 orlimitthe 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 ofeminent 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;
@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.
CLTA PRELIMINARY REPORT FOY Attachment One (Revised 06-05-14)
(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 ofthe lien of the Insured Mortgage because ofthe inability or failure of an Insured to comply with applicable doing-
business laws ofthe 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 ofthe 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 ofthe 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 ofrecording ofthe Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
Except as provided in Schedule B -Part II, 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:
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 ofsuch 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 ofthe 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 (e) are shown by the Public Records.
6.Any lien or right to a lien for services, labor or material not shown by the Public Records.
PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against
loss or damage sustained in the event that they are not subordinate to the lien ofthe 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 ofthe Land;
(ii)the character, dimensions, or location of any improvement erected on the Land;
(iii)the subdivision ofland; 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 ofeminent 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 ofPolicy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c)resulting in no loss or damage to the Insured Claimant;
(d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 9 and 10); or
(e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
Ces 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.
CLTA PRELIMINARY REPORT FOP`"Attachment One (Revised 06-05-14)
4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a)a fraudulent conveyance or fraudulent transfer; or
(b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording ofthe 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 ofsuch 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 ofthe 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 ofthe Land and that are not shown by the Public Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6.Any lien or right to a lien for services, labor or material not shown by the Public Records.
7.Variable exceptions such as taxes, easements, CC&R's, etc. shown here.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13)
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:
I.(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 ofthe Land;
(ii)the character, dimensions, or location of any improvement erected on the Land;
(iii)the subdivision ofland; 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,I3(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 ofeminent 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 ofPolicy, 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 ofthe lien ofthe Insured Mortgage because ofthe inability or failure ofan 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 ofthe Insured Mortgage that arises out ofthe 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 ofthe lien ofthe 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 ofthe estate or interest covered by this
policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to
Date ofPolicy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or25.
8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date ofPolicy in accordance
with applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
0 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.
CLTA PRELIMINARY REPORT POW'{kttachment One (Revised 06-05-14)
.40
9.Any claim, by reason ofthe operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien ofthe 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)ofthis 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.
0 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.
INVOICE (00005811)
BILLING CONTACT
BROOKWOOD PACIFIC OFFICE I LLC City of Carlsbad City of
72 Cherry Hill Dr Brookwood Financial 1635 Faraday Avenue
Beverly, Ma 01915 Carlsbad, CA 92008-7314 Carlsbad
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
00005811 03/29/2017 03/2912017 Due NONE
REFERENCE NUMBER FEE NAME TOTAL
CDP2017-0019 COASTAL DEVELOPMENT PERMIT (PLN) Minor Permit $887.00
POSTAGE (ALL)$24.99
SUB TOTAL $911.99
TOTAL $91 1.99
OCHE 0 1E1 11 11it ICH!VIII
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1708801 -1 03/29/2017 32
Wed,Mar 29.2017 01:26 PM
Receipt Ref Nbr:R1708801 -1/0010
ENERGOV -ENERGOV
Tran Ref Nbr:170880101 0010 0010
Trans/RoPt#:00005811
SET #:00005811
1Amount:@ $911.99
Item Subtotal:$911.99
Item Total:$911.99
1 ITEM(S)TOTAL:$911.99
Check (Chk#018426)$911.99
Total Received:$911.99
Have a nice day!
**************CUSTOMER copy*************
March 29, 2017 1:17 pm Page 1 of I