HomeMy WebLinkAboutCT 16-03; BEACH VILLAGE LIFE 1 MIXED USE; Tentative Map (CT)Ccityof
Carlsbad
APPLICATIONS APPLIED FOR: (CHECK BOXES)
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
[j] Coastal Development Pennit (*) D Minor
D Conditional Use Permit(*)
D Minor D Extension
D Day Care (Large)
[j] Environmental Impact Assessment
D Habitat Management Pennit D Minor
D Hillside Development Pennit (*) D Minor
D Nonconfonning Construction Pennit
D Planned Development Pennit D Minor
D Residential D Non-Residential
D Planning Commission Detennination
D Reasonable Accommodation
D Site Development Plan
D Special Use Permit
D Minor
D Tentative Parcel Map (Minor Subdivision)
[j] Tentative Tract Map (Major Subdivision)
D Variance D Minor
~?
\l,,_ t~
l~-0?,
D General Plan Amendment
D Local Coastal Program Amendment (*)
D Master Plan
D Specific Plan
D Zone Change (*)
D Amendment
D Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
[j] Review Permit
D Administrative D Minor i] Major
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P .M.
ASSESSOR PARCEL NO(S).: 203-173-02-00 ----------------------------------
PROJECT NAME: Beach Village Life 1 Mixed Use
BRIEF DESCRIPTION OF PROJECT: Develop a Boutique Hotel/Spa and 10 condominiums
BRIEF LEGAL DESCRIPTION: 60' Portion of Block 10 of Map 365 except for northeasterly 11 O' and 129' of northeasterly thereof
LOCATION OF PROJECT: 300 Christiansen Way -----------------------------------
ON THE: South
(NORTH, SOUTH, EAST, WEST)
BETWEEN Carlsbad Blvd.
(NAME OF STREET)
P-1
STREET ADDRESS
SIDE OF Christiansen Way
(NAME OF STREET)
AND Washington Street
(NAME OF STREET)
Page 1 of6 .1) r;;;:v l C.0 a l 1vised 07115
OWNER NAME
(Print): Beach Village Life 1 LLC
MAILING ADDRESS: 2 Strauss Terrace --------------CI TY, STATE, ZIP: Rancho Mirage, Ca 92270
TELEPHONE 858-242-9240 --------------EM A IL ADDRESS: christopherkevinboyle@gmail.com
APPLICANT NAME (Print): Robert Richardson. Karnak p & D
MAILING ADDRESS: 614 Calle Vicente
CITY, STATE, ZIP: San Clemente, Ca 92673
TELEPHONE: 760-828-0653 --------------EMAIL ADDRESS: karnakdesign@gmail.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
4-4-2016 TH:~~ 4-4-2016
-DA_T_E ____ --t SIGNATURE jl -DA_T_E ____ _
APPLICANT'S REPRESENTATIVE (Print): Robert Richardson, Karnak Planning & Design
MAILING ADDRESS: 614 Calle Vicente
CITY, STATE, ZIP: San Clemente. Ca 92673
TELEPHONE: 760-828-0653
EMAIL ADDRESS: karnakdesign@gmail.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATI -AND THAT ALL THE ABOVE
INFOR 10 IS TRUE ECT TO THE BEST OF MY
KNO D
4-4-2016
DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
TION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
LE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
~-~~RS IN INTEREST.
NER SIGNATURE
FOR CITY USE ONLY
P-1 Page 2 of6
f{ECEIVED
APR O 4 2016
··cv UF CARLSBAD
DATE StAtvi'P 'A~~'t~;a-,g~~~IVED
RECEIVED BY:
Revised 07/15
C cityof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm , co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Robert Richardson Corp/Part __________ _
Title Owners Agent Title --------------Address 614 Calle Vicente, San Clemente, Ca 92673 Address ___________ _
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation , etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all 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 Chris Boyle
Title officer/board member
Address2 Strauss Terrace
Rancho Mirage, Ca 92270
corp/PartBeach Village Life 1, LLC
Title _____________ _
Address ____________ _
Page 1 of 2 Revised 07/10
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 N/ A Non Profit/Trust _________ _
Title ___________ _ Title _____________ _
Address -----------Address ____________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes 111'1 No If yes, please indicate person(s): ___________ _
NOTE: Attach additional sheets if necessary.
Chris Boyle Robert Richardson
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07/10
_________ c ______ _
C cicyof
Carlsbad
PROJECT DESCRIPTION
P-1(8)
PROJECT NAME: Beach Village Life 1, LLC
APPLICANT NAME: Robert Richardson
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
Develop a mixed use project to include a Boutique Hotel, Day Spa and 10 Condominiums \
on the proposed land. This would include a two level below grade parking garage, Roof top private decks
for 4 condominiums, and a joint roof decl for the htel and spa.
P-1(8)
TWO LEVELS UNDERGROUND PARKING
GROUND FLOOR: 182 SQ.FT. RETAIL/ 353 SQ.FT. ART GALLERY/ 1,660 SQ.FT. DAY SPA/ 6 HOTEL ROOMS
SECOND FLOOR: 7 HOTEL ROOMS/ 2 CONDOMINIUMS
THIRD FLOOR: 6 CONDOMINIUMS
FOURTH FLOOR: 2 CONDOMINIUMS/ HOTEL ROOF DECK
Page 1 of 1 Revised 07/10
'\ Karnak Planning Design
Design Features
Quality Hotel & Spa with 5 Star Quality
Old World Architectural Style
Gas Lamps & detailing
High quality Entry with glass & steel doors with high transom
High quality W.I. Fencing and trim
Two Lobby-shared with Spa & Hotel Suites
Retail Area/ including product storage
Movable front desk shared with Spa
Spa Treatment Wellness Center
High quality therapy Rooms
4 Single Occupancy
2 Hydo Spa w/ fountains & Living Landscape walls
with 3 tub treatment room w/ view of the fountain & garden
Staff lounge & lockers
Boutique Hotel
Back office with view of the entry
Restrooms Mens Utility/Janitorial Room
Womens
Art Gallery
Deck Spa/Jacuzzi Area
Fountains
Lobby two story opening
Front Desk
Back office
Hospitality Area w/ folding wall tables etc.
Hospitality Storage/service/prepartion area
Restrooms Mens & Womens Restrooms
Janitorial/Storage
Quality Furnishing
Original Antique Art & Scultures from around the world
Lots of columns & arches
Old world fountains
Mood lighting
Ice and Vending area
Linen/laundry
Elevator Trash shutes
Stairs-4 locations 2 to Roof & 2 to parking garages
Executive Suites with private decks
Antiques quality furnishes
Linen/maids 2 floors
Exercise/Gym with view of the two story lobby
Roof Deck for Hotel & Spa Area (middle deck 4 th floor area)
Joint use w/ lower units and Spa participants
Privacy sceen between private area
BBQ area & seating pods
Single Unisex Restroom
Sink-hospitality area with sinks, service area and covered patio cover
Planters, tree boxes, scultures, fountain and other amenities etc.
Solar on roofs and tellis
Mech Equip Area screened off
Updated 4/4/2016
Karnak Planning Design
Big Screen TV with seating and canvass cover
Features
Access to Carlsbad Akaline Water & treatment
Solar Water & Electric
Historical/Classic Style Architecture
Trash Shutes/recylying
On grade Fountain/patio for 2 Hydro Spas
Angled parking to match the north propertyon north ROW
Enriched paving
Stairs down to first level parking & outdoor shower
In Center of Carlsbad Vilage
1/2 block to trains
2 block to beach sand
1 Block to Village Faire Shopping Area
High Quality Million Dollar Condominiums
Great Room Concept
Folding Glass wall to a large covered patio
Master Suite
4 units to have inside access to a Private Roof Deck Patio
Covered Trellis with solar panels
Patio planters & tree boxes
lland Kitchens
Powder rooms
Spectacular ocean 7/or ocean views
Trahs shutes on every floor
Full laundry center
6 units to have access to the Hotel/Spa community deck
Basement Parking
Parking 2 levels Standard & Compact/code
Trash Area
Trash Shute 2
SDGE Room
Telephone/CTV/Security/Utility room
General Storage
Gas Meter Assembly
Outside Shower/storage
Updated 4/4/2016
Ccicyof
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that ( check one):
Ii] The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application ~ contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Robert Richardson
Address: 614 Calle Vicente
San Clemente, Ca 92673
Phone Number: 760-828-0653
Address of Site: 300 Christiansen Way
PROPERTY OWNER
Name: Beach Village Life 1 LLC
Address: 2 Strauss Terrace
Rancho Mirage, Ca 92270
Phone Number: 858-242-9240
Local Agency (City and County): Carlsbad, County of San Diego
Assessor's book, page, and parcel number:_2_0_3_-_1_7_3_-_0_2_-_0_0 _____________ _
Specify list(s):. _____________________________ _
Regulatory Identification Number: ______________________ _
Date of List: ______________________ '-+------------
{t,/£_ /L,
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 02/13
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: '::I -J....J -[ lo (To be completed by City)
Application Number(s):CT (lQ-O:?>/c..n e llo-llo I RP l<c,-O<t
General Information
1_ Name of project: Beach Village Life1 Mixed Use Hotel/Spa
2. Name of developer or project sponsor: Beach Village Life 1 LLC
Address: 2 Strauss Terrace
City, state, Zip Code: Rancho Mirage, Ca 92270
Phone Number: 858-242-9240
3. Name of person to be contacted concerning this project: Robert Richardson
Address: 614 Calle Vicente
City, state, Zip Code: San Clemente, Ca 92673
Phone Number: 760-828-0653
4. Address of Project: 300 Christiansen Way
Assessor's Parcel Number: 203-173-02-00 ---------------------
5.
6.
7.
8.
9.
List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
Major Coastal Permit, Village Review Permit, and Tentative Map
Existing General Plan Land Use Designation: _V_i_lla_g_e_R_e_v_ie_w _________ _
E · t· · d' t · t VR-1 xis mg zoning 1s nc: ______________________ _
Existing land use(s): Land Use District 1 Carlsbad Village Center
Proposed use of site (Project for which this form is filed): ___________ _
Mixed Use Hotel/Spa & Condominiums
Project Description
10. Site size: _6_0_'_x_2_0_1_' _____________________ _
11.
12:
13.
Proposed Building square footage: _1_2_0_6_0_s_q_. fl_. _____________ _
Number of floors of construction: 4 plus 2 level basement parking
Amount of off-street parking provided: _5_9 ________________ _
14. Associated projects: _______________________ _
P-1(D) Page 2 of 4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes: _1_0_u_n_it_s...:.., ____ _
Units #1-1670 sf, #2-1856 sf, #3-1364 sf, #4-1640 sf, #5-1318 sf
#6-1430 sf, #7-1732 sf, #8-1749 sf, #9-1550 sf, #10-2152 sf
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: ___________________ _
Hotel -13 Custom Hotel Suites
Spa-1699 sq.ft.
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
N/A
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: _______ _
N/A
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: __________________ _
P-1(D) Page 3 of 4 Revised 07/10
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or
roads.
22. Change in pattern, scale or character of general area of project.
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity.
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity.
27. Site on filled land or on slope of 10 percent or more.
28. Use of disposal of potentially hazardous materials, such as toxic substances,
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage,
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31. Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
Yes No D 0
D 0
D 0
D 0
D 0
D 0
D 0
D 0
D 0
D 0
D 0
D 0
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
P-1(D) Page 4 of 4 Revised 07/10
{'cifyof
Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requirement or whether all requir nts are necessary for your particular
application) please call (760) 6 6 .. ,,,,
Applicant Signature:
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
• Karnak Planning & Design
Robert Richardson, Planner
614 Calle Vicente
San Clemente, Ca 92673
(760) 434-8400 760-828-0653
e-mail: karnakdesign@gmail.com
Photographic Concept Study
Beach Village Life 1 plans to develop a classical "Old World" style Boutique Hotel and destination
Wellness Spa with high quality million dollar condominium units on the upper floors. It is their desire to
achieve a high quality 5 Star type facility even though it is not massive in size. It will have understated
elegance and charm that will make it one of the best facilities in the Carlsbad Village to date. Our client
has traveled the world and has obtained historical artifacts, art, sculptures, fountains and world class
design features. We are also very excited to offer the Carlsbad Alkaline water in the rooms, treatments,
ice and drinking water. They also want to bring architectural detailing from many of their travels into the
design concepts presented in this project. This photo exhibit is a collection of classic and current
facilities that have been captured in our design. Many of the photos represent almost the exactly like
items in the exterior, interior, suites and units, roof decks and spa design.
Architectural Features
Entry View very close to what has been designed. We will have
different doors but the overall look wil1 be the same.
~ ..,..., __.. hotel• -Google Sean:h
Our project will have an eye porch cover similar to this and the
bracket's will be on the top and instead of the underside. We will
have actual Gas lamps similar to this but they will be hanging from
the eyebrow.
Ceiling at the two story entry Lobby
The interior railing system will tie into the front entry and metal
doors.
'.
More interior hallway detailing.
Hotel Suites
The project will have several different styles of quality suites. Some
will have jacuzzi's and hospitality dining areas. They will have very
elegant furnishings and high end bathroom facilities .
Spa Wellness Center Concepts
The two Hydro Spa's will look out into a private garden area
with a linear fountain and a living landscape wall in each area.
The rooms will have a large operable casement window to
open onto this space.
\
Treatment Rooms will have several different styles.
Public & Private Roof Decks & Features
Private patios to have some drapes for privacy.
Some private patios to have wall fireplaces and casual seating.
Some of the eating will have planters and open trellis that are
movable for grouping and privacy.
The Stairwell wall will have a Giant TV and firplace. It will
also have a fabric cover over a portion of the area in front of
it.
Some of the condominiums will have fold glass wall from the
great room giving access to the large patio living area.
The Roof decks will have metal railings almost like this
railing for better view of the ocean and Carlsbad Village.
The decks have a few of the design ideas presented in this
photo.
The main Hotel/Spa will have several group seating areas
with umbrella's and also a portable gas fire ring.
'
The Public Roof Deck will have a covered service area with seating,
planters with hedges and flower color, and landscaped columns.
The hallways will be very similar to this with arches, insets, wall
sculptures and even a beautiful statue at the end of the hallway. A
side note that this hallway picture came from our clients actual home.
Front Metal Entry Lobby Doors
'II
A Two Sided Post Mounted Clock
Cl TA Preliminary Report Form
(Rev. 11/06)
Order Number: DIV-5129809
Page Number: 1
First American Title
First American Title Company
Chris Boyle
Beach Village Life 1, LLC
2 Strauss Terrace
Rancho Mirage, CA 92270
Phone:
Fax:
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Property:
7676 Hazard Center Drive, Ste 1100
San Diego, CA 92108
california Department of Insurance License No. 151
Beach Village Life 1, LLC
DIV-5129809 (04)
Korey Mulvey
(619)231-4670
(877)648-8386
titleunit4@firstam.com
300 Christiansen Way
Carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the
arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the Cl TA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exdusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
First American Title
Page 1 of 15
Order Number: DIV-5129809
Page Number: 2
This report ( and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
First American Title
Page 2 of 15
Dated as of March 11, 2016 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
Order Number: DIV-5129809
Page Number: 3
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Beach Village Life 1 LLC, a Delaware limited liability company
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2016-2017, a lien not yet due or
payable.
2. General and special taxes and assessments for the fiscal year 2015-2016.
First Installment: $1,345.77, PAID
Penalty: $0.00
Second Installment: $1,345.77, OPEN
Penalty: $0.00
Tax Rate Area: 09098
A. P. No.: 203-173-02-00
3. Supplemental taxes for the year 2015-2016 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment: $11,049.87, DUE
Penalty: $0.00
Second Installment: $11,049.87, DUE
Penalty: $0.00
Tax Rate Area: 09098
A. P. No.: 859-150-04-55
4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the california Revenue and Taxation Code.
Arst American Title
Page 3 of 15
Order Number: DIV-5129809
Page Number: 4
5. A Deed of Trust to secure an original indebtedness of $1,000,000.00 recorded September 4,
2015 as Instrument No. 2015-0473288 of Official Records.
Dated: September 4, 2015
Truster:
Trustee:
Beneficiary:
Notes:
Beach Village Life 1, LLC, a Delaware limited liability company
First American Title Insurance Company, a Nebraska corporation
Ludvik Grigoras and Veronica Grigoras
a. If this deed of trust is to be eliminated in the policy or policies contemplated by this
report/commitment, we will require all of the following prior to the recordation of any documents
or the issuance of any policy of title insurance:
i. Original note and deed of trust.
ii. Payoff demand statement signed by all present beneficiaries.
iii. Request for reconveyance signed by all present beneficiaries.
b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer,
we will also require a full copy of the loan servicing agreement executed by all present
beneficiaries.
c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will
require a certification pursuant to Section 18100.5 of the California Probate Code in a form
satisfactory to the Company
6. Water rights, claims or title to water, whether or not shown by the public records.
7. Rights of parties in possession.
Prior to the issuance of any policy of title insurance, the Company will require:
8. With respect to Beach Village Life 1 LLC, a limited liability company:
a. A copy of its operating agreement and any amendments thereto;
b. If it is a California limited liability company, that a certified copy of its articles of organization
(LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or
restatement of articles of organization (LLC-10) be recorded in the public records;
c. If it is a foreign limited liability company, that a certified copy of its application for registration
(LLC-5) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, that such document or instrument be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such document must be executed by at
least two duly elected or appointed officers, as follows: the chairman of the board, the president
or any vice president, and any secretary, assistant secretary, the chief financial officer or any
assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one manager
if the limited liability company properly operates with the existence of only one manager.
e. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require
First American Title
Page 4 of 15
,
Order Number: DIV-5129809
Page Number: 5
------------···········---------INFORMATIONAL NOTES ............ J
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. The property covered by this report is vacant land.
2. According to the public records, there has been no conveyance of the land within a period
of twenty four months prior to the date of this report, except as follows:
A document recorded September 4, 2015 as Instrument No. 2015-0473287 of Official Records.
From: Ludvik Grigoras (who erroneously acquired title as Luvik Grigoras) and
Veronica Grigoras, husband and wife as joint tenants
To: Beach Village Life 1 LLC, a Delaware limited liability company
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title
Page 5 of 15
LEGAL DESCRIPTION
Order Number: DIV-5129809
Page Number: 6
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
THE NORTHWESTERLY 60 FEET OF BLOCK 10, OF THE TOWN OF CARLSBAD, CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 365, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 2, 1887.
EXCEPTING THEREFROM THE NORTHEASTERLY 110 FEET THEREOF.
ALSO EXCEPTING THEREFROM THE SOUTHWESTERLY 129.00 FEET THEREOF.
ALSO EXCEPTING THEREFROM THE RIGHT TO GRANT AND TRANSFER ALL OR A PORTION OF
THE SAME, WITHOUT ANY RIGHT OF SURFACE ENTRY, AS FOLLOWS:
A. ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND RIGHTS TO
ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, TO ALL GEOTHERMAL HEAT
AND TO ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING THAT MAY BE WITHIN OR
UNDER THE PROPERTY (COLLECTIVELY, "SUBSURFACE RESOURCES"); AND
B. ALL WATER RIGHTS OR INTERESTS IN WATER THAT MAY BE WITHIN, UNDER OR ON THE
PROPERTY, WHETHER SUCH WATER RIGHTS ARE CHARACTERIZED AS RIPARIAN, OVERLYING,
APPROPRIATIVE, PERCOLATING, PRESCRIPTIVE OR CONTRACTUAL, TOGETHER WITH THE
RIGHT AND POWER OF GRANTOR (AND HIS SUCCESSORS/ASSIGNS) TO USE OR UTILIZE ON
ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, OR TO UTILIZE WATER FROM THE
PROPERTY FOR ANY OTHER BENEFICIAL PURPOSE (INCLUDING, BUT NOT LIMITED TO,
DISTRIBUTION OF WATER FROM THE PROPERTY TO THIRD PARTIES), ANY AND ALL WATER
RIGHTS OR INTERESTS IN WATER ASSOCIATED WITH THE PROPERTY NO MATTER HOW SUCH
RIGHTS WERE ACQUIRED OR WHETHER SUCH RIGHTS WERE PREVIOUSLY EXERCISED BY
GRANTOR.
APN: 203-173-02-00
First American Title
Page 6 of 15
09 THIS MAP WNS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES.
1'CONOO
111LLAGE BY THE SEA
MODULED
OOC04-712142
(SEE SHT 2)
2'CONOC
3'
VlllAGE HY THf SC'A
DOC04-371872
(S£E SHT2)
BYTMESEA ill 1175 SHT 2)
,o
<;,'3p..O~
c.P..~\.. .,,,,--\
~ @
SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 203 PAGE 17
@
203-17
SHT 1 OF 2
'>
0 ~
"' 0 ~ ~
IC/
~
I~
<{
IC
~ 1"=100'
8
d i n n ~t ;,! i
'I:: 1ll 1, iii ~ a5 t, J ; ~ 1; ! f, ...
':' It" ~ ~ rn
0 1, .. ~~ !~ ~ d ~ I~' ~.~ "' I~ t iH ~~ ~~
8 1~ N N ~~ !;o -"' :!!; 88 8 ~
;/; ,?~
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MAP 14580-CARLSBAD TCT NO 01-10 VILLAGE BY THE.SEA
MAP 1661 -CARLSBAD LANDS
MAP 7751365. 535) -TOWN OF CARLSBAD AMENDED ROS 8648,9536,19530,19575
NOTICE
Order Number: DIV-5129809
Page Number: 8
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
First American Title
Page 8 of 15
First.American Dt1e
First American Title
Page 9 of 15
Order Number: DIV-5129809
Page Number: 9
First American Title Company
7676 Hazard Center Drive, Ste 1100
San Diego, CA 92108
(619)238-1776
WIRE INSTRUCTIONS
for
Order Number: DIV-5129809
Page Number: 10
First American Title Company, Demand/Draft Sub-Escrow Deposits
San Diego County, California
PAYABLE TO:
BANK:
ADDRESS:
ACCOUNT NO:
ROUTING NUMBER:
First American Title Company
First American Trust, FSB
5 First American Way, Santa Ana, CA 92707
3008270000
122241255
PLEASE REFERENCE THE FOLLOWING:
PROPERTY: 300 Christiansen Way, Carlsbad, CA
FILE NUMBER: DIV-5129809 (04)
PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO First American
Title Company. FUNDS MUST BE WIRED FROM A BANK WITHIN THE UNITED
STATES. PLEASE NOTIFY Korey Mulvey AT (619)231-
4670 OR kmulvey@firstam.com WHEN YOU HAVE TRANSMITTED YOUR WIRE.
IF YOUR FUNDS ARE BEING WIRED FROM A NON-U.S. BANK. ADDITIONAL CHARGES MAY APPLY.
PLEASE CONTACT YOUR ESCROW OFFICER/CLOSER FOR INTERNATIONAL WIRING INSTRUCTIONS.
AN ACH TRANSFER CANNOT BE ACCEPTED FOR CLOSING. BECAUSE IT IS NOT THE SAME AS A WIRE
AND REQUIRES ADDITIONAL TIME FOR CLEARANCE.
FIRST AMERICAN TRUST CONTACT INFO: Banking Services 1-877-600-9473
ALL WIRES WILL BE RETURNED IF THE FILE NUMBER
AND/OR PROPERTY REFERENCE ARE NOT INCLUDED
With cyber crimes on the increase, it is important to be ever vigilant. If you receive an e-mail or any
other communication that appears to be generated from a First American employee that contains new,
revised or altered bank wire instructions, consider it suspect and call our office at a number you trust.
Our bank wire instructions seldom change.
First American Title
Page 10 of 15
EXHIBIT A
Order Number: DIV-5129809
Page Number: 11
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building;
(b) zoning;
(c) land use;
(d) improvements on the Land;
(e) land division; and
(f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount
Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
( c) and division
( d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
First American Title
Page 11 of 15
(a) a notice of exercising the right appears in the public records on the Policy Date
Order Number: DIV-5129809
Page Number: 12
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
(d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
Rrst American Title
Page 12 of 15
Order Number: DIV-5129809
Page Number: 13
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy fonm may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage ( and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
First American Title
Page 13 of 15
Order Number: DIV-5129809
Page Number: 14
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),
13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date
of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
Rrst American Title
Page 14 of 15
~ , First American Title
Privacy Information
We Are Committed to Safeguarding Customer Information
Order Number: DIV-5129809
Page Number: 15
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such
information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as
information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties
except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period
after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty
insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial
institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confldentlallty and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet.
In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First
American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of
collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific
account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site
can send to your browser, which may then store the cookie on your hard drive.
FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information.
When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on
our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.
Seairity We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form SO-PRIVACY (9/1/10) Page 1 of 1
First American Title
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Privacy Information (2001-2010 First American Financial Corporation)