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HomeMy WebLinkAboutCUP 14-04; DEHESA CHARTER SCHOOL; Conditional Use Permit (CUP)., ,;~ <~ ... -~ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 DeveloP,ment Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Penn/ts (FOR DEPT. USE ONL YJ D Coastal Development Pennlt (•) □Minor 1--------1 Legi§lat/ve Permits [}eneral Plan Amendment (FOR DEPT. USE ONLY) [lj Conditional Use Permit (*) Di nor □Extension Qocal Coastal Program Amendment(*) 0 Day Cara (Large) □ Environmental Impact Assessment D Habitat Management Pennlt □Minor 1--------1 □ Hillside Development Permit(") □Minor ,__ ____ _, □Master Plan □specific Plan ozone Change (*) Qmendment □Amendment □ Zone Code Amendment D Nonconforming Construction Permit D Planned Development Permit Qinor Qesidential □ Non-Residential South Carlsbad Coastal Review Area Permits ~lewPermlt -Udministrative Qinor □Major D Planning Commission Determination D Site Development Plan □Minor 1-------. □ Special Use Permit □ Tentative Parcel Map (Minor Subdivision) □ Tentative Tract Map (Major Subdivision) □ Variance D Minor Villaae Review Area Permits ~iewParmit -administrative □Minor (*) = 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).: 214-650-01t.-01 PROJECT NAME: EileFfleRt li~l:featiefl, Inc ,esouice een~ore--r::r oex-:-, -' BRIEF DESCRIPTION OF PROJECT: Conditional Use Permit for public charter school BRIEF LEGAL DESCRIPTION; fu ( ·ho<\ Of. \_()""t 1_ cf Cn.x-\~ \ '("0-0 N'Q, C..,. \ 04-\ \J ~~\o... Comrno'0;) 1 0-u:..c::ird,r~ -\G \'-l'o.t? \':>~.f\ o LOCATION OF PROJECT: 6797 Embarcadero Lane -------------sT=R-E=E_T_A-::D-::D-,-R-,-Ec:-Sc:-S ____________ _ ON THE: East (NORTH, SOUTH, EAST, WEST) BETWEEN Avenida Encinas (NAME OF STREET) P-1 SIDE OF Embarcadero Lane (NAME OF STREET) AND Carlsbad Blvd. (NAME OF STREET) Page 1 of 6 Revised 12113 / I OWNER NAME (Print): MAILING ADDRESS: CITY, STATE. ZIP: Ta.EPHONE EMAIL ADDRESS: Macquarie Poinsettia, Inc. l'f'2.o ~ A"1£.,.sc.ATC ~2~0 &ee1 ,dido, eA 9202e S(1t-Yr'-L ..,w ';2e,,(, -6,lf--3:rs?.l ) - APPLICANT NAME (Print): Element Education, Inc. MAILING ADDRESS: 1441 Montiel Road, Ste #143 CITY, STATE, ZIP: Escondido, CA 92026 TELEPHONE: 760-743-7880 -------------EM A IL ADDRESS: tnovacek@myeJement.org APPLICANT'S REPRESENTATIVE (Print): Hofman Planning & Engineering ---------------------------MA I LING ADDRESS: 3156 Lionshead Avenue, Suite 1 CITY, STATE, ZIP: Carlsbad, CA 92010 TELEPHONE: 760-692-4019 EMAIL ADDRESS: seven@hofmanplanning.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT ANO THAT ALL THE ABOVE INFORMATION IS TRUE ANO CORRECl;_ TO THE EST OF MY KNOWLEDGE. ,.. -J -'lo I DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. /U?Jt!>f- 11 PROPERTY OWNER SIGNATURE ~OSC,4,-,-§aA,..A;cS: C .b"""2!:et FOR CITY USE ONLY P-1 Page 2 of6 AUG O 7 2014 !.'\TY: ,-,::·; .:.zi_·; ... : l :'.. \. : \ , .: -·, ':_.~: ; \/ ; _,~··~ ) DAtE $iAMP APPLICATION RECEIVED RECEIVED BY: Re..;sed 12/13 --Hofman Planning & Engineering To: Company: Address: Phone: Date: Project: Delivery: SUBJECT: City of Carlsbad, Planning Division 1635 Faraday Avenue 760-602-4610 August 6, 2014 Dehesa Charter School Hand Delivery 1st Submittal -CUP Attached are the following items: Copies Date Description 1 8-6-14 P-1 Land Use Review Application 1 8-6-14 P-1 (A) Disclosure Statement 1 8-6-14 P-1(8) Project Description TRANSMITTAL From: Shay Even □ For Your Information □ For Your Approval X For Your Review □ As Requested Paaes 2 2 1 1 8-6-14 P-1 (C) Hazardous Waste & Substances Statement 1 1 8-6-14 P-1 (D) EIA Information Form 1 8-6-14 P-1 (E) Time Limits on Discretionary Projects 1 5-5-14 Letter requestina 10-vear expiration term 2 4-30-14 Preliminary Title Report 1 4-28-14 600' Noticina Packaae 1 4-28-14 100' Noticing Package 7 8-6-14 CUP Plans 1 Check for fee Feel free to contact me if you have any questions. Hofman Planning & Engineering Shay Even Associate Planner Tel: (760) 692-4019 Direct Fax: (760) 692-4105 Email: seven@hofmanplanning.com 4 1 1 15 7 1 AUG O 7 2014 . •,, i,:..:11 3156 Lionshead Ave, Ste. 1 · Carlsbad · CA · 92010 · 7 60-692-4100 · Fax 7 60-692-4105 ■ Hofman Planning & Engineering May 5, 2014 Planning Division City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Conditional Use Permit -Dehesa Charter School AUG O 7 2014 This letter is to request a 10-year expiration term for the Dehesa Charter School to be located at 6797 Embarcadero Lane. The school has requested this length of term for the following reasons: • The school has negotiated a 10 year lease with the Landlord in order to make the project economically feasible. • The longer CUP term will allow the school to recuperate the high total investment cost in the CUP application and Tenant Improvements. • The City will maintain its right to monitor this CUP on an annual basis and require mitigation/modifications if any concerns develop over the duration of the lease. Thank you for your consideration and please let me know if you need any additional information. Sincerely, fi,4/Jo-~ Bill Hofman President Cc: Terri Novacek, Executive Director, Element Education 3156 Lionshead Ave, Ste. 1 · Carlsbad · CA · 92010 · 760-692-4100 · Fax 760-692-4105 A ..... ) Element Education Inc. Home to Dehesa Charter School and Community Montessori Charter School Element Education, Inc. is a non-profit corporation with a mission to design and support educational programs which empower students to drive their own learning. The role of the adults is to create the environment and facilitate the learning process, not dominate it. Element Education currently manages Dehesa Charter School (a K-12 personalized learning program which began in 2001) and Community Montessori Charter School (a K-8 Montessori program which originally operated within Dehesa Charter School and branched off to be its own school in 2013). Element Education plans to broaden its spectrum of service to include pre-school age learners by opening My Element Montessori, an early learning program. The BluWater Crossing property has been leased to serve all three programs. The general timeline for the project is: December 2014 January 2015 Spring 2015 Summer 2015 September 2015 Build out for suite Open pre-school Build out for Summer camps Dehesa Charter A and outdoor program in Suite Suites Band C offered for PK-6 School opens area are A are completed. doors in suite B completed. Conduct open for grades 7-12. houses and tours for community. Community Montessori opens doors in suite C for grades K-3 (possibly adding grades up to sixth) My Element Montessori (suite A) will serve seventy-two students (ages 4 and 5) with eight staff. Students will be dropped off between 7:30 and 8:15 in the morning and picked up between 4:45 and 5:30 in the afternoon. The program will emphasize independence, freedom within limits, and respect for the child's natural psychological, physical, and social development. Community Montessori (suite C) will serve ninety-six students (ages 5-12) with seven staff. Students will be dropped off between 8:15 and 9:00 and picked up between 3:15 and 3:45. The program will continue with the Montessori philosophy of child-centered learning. Dehesa Charter School (suite B) will serve approximately fifty-two middle and high school students with three staff. The program will have an entrepreneurship focus which will tap into the resources available within the local community as well as the public transportation available nearby. Students will be dropped off between 8:45 and 9:00 and picked up between 3:45 and 4:00. All programs will follow a traditional school calendar of 175 days of instruction. Camps may be offered during long holiday breaks. Special events would include an annual open houses and student performance. 1441 Montiel Road, Suite 143 Escondido California 92026 www.myelement.org <.(~ '·~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD 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 municipafity, d)stiict or other political subdivision or any other group or combination acting as a uniL • Agents may sign this document; however, the legal name and entity of the applicant and property owner must be providecl below. 1. 2. P-1(A) 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________ Corp/Part E\ts,m\ td0cru,ov, Title_________ Title tx ~c), > I\\/l Q\(~ C toC Address________ Address \L\L\\ Monti~ R,d. \\'-\43 OWNER (Not the owner's agent) E"=>'-00&@1 c..A. 0.20 ~ 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 _________ _ Title. __________ _ Address _________ _ Corp~ fr\AC,,(ilf't(l~ P-01,.)&~,.,,,, INC.,. Title R~ Slf'tl'lf..5 , h,~ Address l¼:)o F,F!?f {1-t, 5'.AT:( ~20 ~£ "'14 q~101 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 t:.\ e.n---e_\"'tt' Bucdt.O"\, Non Profit/Trust ~1,.C:. -----------Title \;:s"",'tc-\11.Js;,. D·,n i :k..-:c Title ____________ _ Address \ L\4 \ \--\,21 ,-\-\~\ \2J :::ll:.1 t\3 Address __________ _ 'C-s(:u·xJ.,d.o ,C B c\';}.D.?L;;: 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 62'.J No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. _·::\-~,~---~~·-:c-,,:x;,.,_ Cp i::: .. Signature of .applieenUdate • • Signature of owner/date ,C.aQ~ ~r~s~ J>,~ Mite~• 4-~or~ 1-.>C... Print or type name of owner ~ ..,trint or type name of .ipi;ilieal'lt- . '----"' ' -o.Nna" 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 ~~·· ~~;•~· ~ CITY OF CARLSBAD PROJECT NAME: APPLICANT NAME: PROJECT DESCRIPTION P-1(8) Dehesa Charter School Element Education, Inc. 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: See attached project description. P-1(8) Page 1 of 1 Revised 07/10 <,\1 •~ CITY OF 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): 00 The development project and any alternatives proposed in this application !!!..!1Q! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application m contained on the lists compiled pursuant lo Section 65962.5 of the State Government Code. APPLICANT Name: Element Education, Inc. Address: 1441 Montiel Road, Suite 143 Escondido CA 92026 Phone Number: 619-247-3384 Address of Site: 6797 Embarcardero Lane PROPERTY OWNER Name: Macquarie Poinsettia, Inc. Address: 14 :>o F-t/:-f'>t '9vt ~Sytl'e22~0 ..S£A......,-c...£ w~ q f Joi PhoneNumber: ¥-b7g.-:r:ra.l Local Agency (City and County):._C____.ityc..o_f_C_a_rl_sb_a_d _________________ _ Assessor's book, page, and parcel nurnber:__;:2c...:.14..:..-6-=-=-50=-·~0..:..1·~0..:..1 ______________ _ Specify list(s): ___________________________ _ Regulatory Identification Number: ______________________ _ Date of List: _____________________________ _ Prope!:ly Owner Signature/Date ' ~IJIM~,b,~ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1{C) Page 1 of2 Revised 02/13 r .. ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): ___________________________ _ General Information 1. Name of project: _D_eh_e_s_a_C_h_a_rt_e_r _S_ch_o_o_l __________________ _ 2. Name of developer or project sponsor: _E_l_e_m_e_n_t E_d_u_c_a_ti_on ____________ _ Address: 1441 Montiel Road, Suite 143 City, State, Zip Code: Escondido, CA 92026 Phone Number: 760-743-7880 --------------------------- 3. Name of person to be contacted concerning this project: Bill Hofman (Hofman Planning & Eng.) Address: 3156 Lionshead Avenue, Suite 1 City, State, Zip Code: _C_a_rls_b_a_d_, C_A_9_2_01_0 _________________ _ Phone Number: 760-692-4100 -------------------------'------ 4. Address of Project: _6_7_97_E_m_b_a_rc_a_d_e_ro_L_a_n_e _________________ _ Assessor's Parcel Number: 214-650-01 ----------------------- 5. 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: Conditional Use Permit 6. Existing General Plan Land Use Designation: _C_-T _______________ _ 7. Existing zoning district: ________________________ _ 8. Existing land use(s): Vacant commercial building (1st floor) 9. Proposed use of site (Project for which this form is filed): _____________ _ Conditional Use Permit for Charter School Project Description 10. Site size: ____ o_.7_9_a_c_re_s ______________________ _ 11. Proposed Building square footage: ---=E=x=is=ti""'n..._q.aaB=u=ild=ia..nq...__ _____________ _ 12: Number of floors of construction: Existing Building ----=----=---------------- 13. Amount of off-street parking provided: ___________________ _ 14. Associated projects: _________________________ _ P-1(0) Page 2 of4 Revised 07/10 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: _____________________ _ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ________ _ See attached project description 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ____________________ _ Conditional Use Permit for Charter School P-1(D) Page 3of4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D IX] alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D roads. 22. Change in pattern, scale or character of general area of project. 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, D 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: □ □ 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 I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: '&,-u-\\.\ Signature~ For: ~ P-1(0) Page 4 of 4 Revised 07/10 «, ~ CITY OF CARLSBAD TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. ApplicantSignature: £,.;q, +....., Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 . C cityof Carlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www .carlsbadca.gov INSTRt:JCTIONS: To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2). Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary 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 either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will 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 determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. To determine if your project is a priority development project, please answer the following questions: 1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets uidance? 2. Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? YES NO X X If you answered "yes· to one or more of the above questions, then your project is NOT a priority development project and therefore is NOT subject to the storm water criteria required for priority development projects. Go to step 4, mark the last box stating "my project does not meet PDP requirements" and complete applicant information. E-34 Page 1 of 3 Effective 6/27/13 City of --...-.rlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www .carlsbadca.gov ... ~ STEP2 ~ ' • ·., :;;~, ·" " :, TO BE COMPLETED FOR Al.L NEW OR'REDEVELOPMENT PROJECTS To determine if your project is a priority development project, please answer the following questions: YES 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, mixed-use, and public development projects on public or private land. 2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, industrial residential mixed-use and public development projects on public or private land. 3. Is 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 restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. 4 . Is 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 hillside development project includes development on any natural slope that is twenty-five percent or greater. 5. Is 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 parking lot. A parking lot is a land area or facility for the temporarv parkina or storaae of motor vehicles used personallv for business or for commerce. 6. Is 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 street, road, highway freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks motorcvcles, and other vehicles. 7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingles with flows from adjacent lands).• 8. Is your project a new development that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014 5541 7532-7534, or 7536-7539. 9. Is your project a new development that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per dav. 1 O. ls 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? 11. ls 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%? NO X X X X X X X X X X X If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to implementing structural Best Management Practices (BMP's) in addition to implementing Standard Storm Water Requirements such as source control and low impact development BMP's. A Storm Water Management Plan (SWMP) must be submitted with your application(s) for development. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the end of this questionnaire, check the "my project meets PDP requirements" box and complete applicant information. If you answered "no" to all of the above questions, you ARE NOT a priority development project and are therefore subject to implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all development projects. A Storm Water Management Plan (SWMP) is not required with your application(s) for development. Go to step 4 at the end of this questionnaire, check the "my project does not meet PDP requirements" box and complete applicant information. E-34 Page 2 of 3 Effective 6/27 /13 STORM WATER STANDARDS QUESTIONNAIRE E-34 STEP3 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov TO BE COMPLETED FOR REDEVELOPMENT PROJECTS ;fffAT ARE PRIORITY DEVELOPEMENT PROJECTS ONLY Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the reviousl existin develo ment? If you answered "yes," the structural BMP's required for Priority Development Projects apply only to the creation or replacement of impervious surface and not the entire development. Go to step 4, check the "my project meets PDP requirements" box and complete applicant information. If you answered "no," the structural BMP's required for Priority Development Projects apply to the entire development. Go to step 4, check the "m ro·ect meets PDP re uirements" box and com lete a licant information. STEP4 CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION □ My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUS MP for details. Q( My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box Address: 3156 Lionshead Avenue, Suite 1, Carlsbad 92010 Accessors Parcel Number(s): 214-650-01 AppliP{:lnt Title: President Dpte· 10-29-14 This Box for City Use Only City Concurrence: By: Date: Project ID: I YES I NO I I * Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. E-34 Page 3 of 3 Effective 6/27/13 • ? April 30, 2014 Robert Barnes Macquarie Poinsettia Inc. 1420 Fifth Avenue, Suite 2220 Seattle , WA 98101 Phone: (206)674-3383 Fax: (206)695-5841 Customer Reference: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: '__) Order Number: NCS-641620-SD Page Number: 1 First American Title Company National Commercial Services 4380 La Jolla Village Drive, Suite 110 San Diego, CA 92122 6797 Embarcadero Vince Tocco/ Linda Slavik (858)410-3886 (877)461-2094 vtocco@firstam.com MACQUARIE POINSETTIA INC 6797 Embarcadero Lane, Carlsbad, CA PRELIMINARY REPORT UPDATED AND AMENDED APRIL 30, 2014 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 litle 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. nie 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. Rrst American Title Insurance Company ~ Order Number: NCS-641620-5D Page Number: 2 Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company -., ...) Order Number: NCS-641620-5D Page Number: 3 Dated as of November 13, 2013 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA Standard Owner Policy 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: MACQUARIE POINSETTIA INC., A DELAWARE CORPORATION The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple as to Parcels 1 and 2, an easement as to Parcels 3 and 4. 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 2013-2014. First Installment: $11,209.22, PAID Penalty: $0.00 Second Installment: $11,209.22, PAID Penalty: $0.00 Tax Rate Area: 09027 A. P. No.: 214-650-01-01 2. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 3, as disclosed by Notice of Special Tax Lien recorded April 26, 1994 as Instrument No. 1994-277976 and July 27, 1995 as Instrument No. 1995-322359, both of Official Records. 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. 4. The terms and provisions contained in the document entitled "NOTICE OF RESTRICTION ON REAL PROPER"TY" recorded MARCH 27, 2007 as INSTRUMENT NO. 07-0205921 of Official Records. 5. The terms and provisions contained in the document entitled "HOLD HARMLESS AGREEMENT DRAINAGE" recorded APRIL 27, 2007 as INSTRUMENT NO. 2007-0287677 of Official Records. Document re-recorded July 30, 2007 as INSTRUMENT NO. 2007-0506020 of Official Records. Rrst American Title Insurance Company '_) Order Number: NCS-641620-5D Page Number: 4 6. The Terms, Provisions and Easement(s) contained in the document entitled "RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT' recorded May 31, 2007 as INSTRUMENT NO. 2007-0369208 of Official Records. 7. The Terms, Provisions and Easement(s) contained in the document entitled "RECIPROCAL EASEMENT AGREEMENT' recorded May 31, 2007 as INSTRUMENT NO. 2007-0369209 of Official Records. 8. The terms and provisions contained in the document entitled "AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTION ON REAL PROPERTY" recorded MAY 31, 2007 as INSTRUMENT NO. 2007-0369346 of Official Records. 9. The terms and provisions contained in the document entitled "PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT' recorded JUNE 12, 2007 as INSTRUMENT NO. 2007-0395069 of Official Records. 10. A Deed of Trust to secure an original indebtedness of $61,315,448.00 recorded JUNE 28, 2007 as INSTRUMENT NO. 2007-0434880 of Official Records. Dated: JUNE 26, 2007 Trustor: POINSETTIA COMMONS LLC, A DELAWARE LIMITED LIABILITY COMPANY Trustee: Beneficiary: Affects: FIRST AMERICAN TITLE COMPANY MACQUAIRE BANK LIMITED, AN AUSTRALIAN PUBLIC COMPANY The land and other property. The above deed of trust states that it is a construction deed of trust. The Deed of Trust/Mortgage was Partially reconveyed as to PROPERTY DESCRIBED IN A PARTIAL RECONVEYANCE by instrument recorded SEPTEMBER 23, 2011 under recording no. INSTRUMENT NO. 2011-0495836. The Deed of Trust/Mortgage was Partially reconveyed as to PROPERTY DESCRIBED IN A PARTIAL RECONVEYANCE by instrument recorded SEPTEMBER 23, 2011 under recording no. INSTRUMENT NO. 2011-0495837. 11. An easement shown or dedicated on the map filed or recorded AUGUST 17, 2007 as MAP NO. 15593 of TRACT MAP For: GENERAL UTILITY, ACCESS and incidental purposes. 12. An easement for PUBLIC UTILmES, INGRESS, EGRESS and incidental purposes, recorded NOVEMBER 2, 2007 as INSTRUMENT NO. 2007-0701580 of Official Records. In Favor of: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION Affects: AS DESCRIBED THEREIN The location of the easement cannot be determined from record information. Rrst American Title Insurance Company ... • "'I _,,} Order Number: NCS-641620-5D Page Number: 5 13. An easement for CABLE TELEVISION, COMMUNICATION SERVICES and incidental purposes, recorded FEBRUARY 27, 2008 as INSTRUMENT NO. 2008-0101716 of Official Records. In Favor of: TIME WARNER N Y CABLE, DBA TIMER WARNER CABLE Affects: AS DESCRIBED THEREIN The location of the easement cannot be determined from record information. 14. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded November 12, 2008 as INSTRUMENT NO. 08-0588813 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code§ 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Note: You may wish to contact the homeowners association referred to in the above document for information regarding assessments, transfer requirements or other matters. The terms and provisions contained in the document entitled "ASSIGNMENT OF DECLARANTS RIGHTS" recorded March 26, 2010 as INSTRUMENT NO. 20100149760 of Official Records. 15. The terms and provisions contained in the document entitled "MUTUAL BENEFIT AGREEMENT' recorded DECEMBER 10, 2008 as INSTRUMENT NO. 2008-0630473 of Official Records. Document re-recorded DECEMBER 11, 2008 as INSTRUMENT NO. 2008-0631984 of Official Records. Document(s) declaring modifications thereof recorded AUGUST 08, 2011 as INSTRUMENT NO. 2011-0401981 of Official Records. 16. The terms and provisions contained in the document entitled "REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS" recorded APRIL 24, 2009 as INSTRUMENT NO. 2009-0213135 of Official Records. 17. The terms and provisions contained in the document entitled "ENCROACHMENT AGREEMENT'' recorded DECEMBER 28, 2009 as INSTRUMENT NO. 2009-0716206 of Official Records. 18. The terms and provisions contained in the document entitled CERTIFICATE OF COMPLIANCE IN LIEU OF A PARCEL MAP recorded May 09, 2011 as INSTRUMENT NO. 2011-0239057 of Official Records. Rrst American Title Insurance Company ,.,,,,.,1 Order Number: NCS-641620-5D Page Number: 6 19. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded May 16, 2011 as INSTRUMENT NO. 2011-0251602 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code§ 12955 (p)) or ancestry, to the extent such covenants, conditions or restrictions violate 42 U.S.C. § 3604(c), or california Government Code§ 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Note: You may wish to contact the homeowners association referred to in the above document for information regarding assessments, transfer requirements or other matters. 20. Rights of parties in possession. First American Tltle Insurance Company ,---~ _; Order Number: NCS-641620-5D Page Number: 7 INFORMATIONAL NOTES 1. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) COMMERCIAL CONDOMINIUM known as 6797 EMBARCADERO LANE, CARLSBAD, CA. 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: None 3. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 4. It appears that a work of improvement is in progress or recently completed on the land. The Company will require various documents and information, including but not limited to a completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement, disbursement information, executed indemnity agreement and current financial information from proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued. Other requirements may be made following the review of such documents and information. 5. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and · other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; Rrst American Title Insurance Company _) Order Number: NCS-641620-5D Page Number: 8 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILilY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a california limited liability company, 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) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. 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, such document or instrument must 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 documents 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. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the california Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company 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 Insurance Company Order Number: NCS-641620-SD Page Number: 9 *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** First American Title Insurance Company LEGAL DESCRIPTION ._) Order Number: NCS-641620-5D Page Number: 10 Real property in the City of carlsbad, County of San Diego, State of california, described as follows: A CONDOMINIUM COMPRISED OF: PARCEL 1: AN UNDIVIDED ONE THIRD (1/3) FEE SIMPLE INTEREST AS A TENANT IN COMMON IN AND TO THE COMMON AREA WHICH IS A PORTION OF LOT 1 OF CARLSBAD TRACT NO. CT 04-11, POINSETTIA COMMONS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15593, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 17, 2007 AND THE CERTIFICATE OF CORRECTION RECORDED DECEMBER 28, 2009 AS INSTRUMENT NO. 2009-0716207 OF OFFICIAL RECORDS ("MAP"), AS SHOWN ON THE CONDOMINIUM PLAN FOR 6797 EMBARCADERO LANE, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON MAY 13, 2011, AS DOCUMENT NO. 2011-0249327 AND ANY AMENDMENT OR SUPPLEMENTS THERETO ("CONDOMINIUM PLAN"). PARCEL 2: THE COMMERCIAL UNIT, AS SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN. PARCEL 3: AN EXCLUSIVE EASEMENT TO USE EACH PORTION OF THE ASSOCIATION PROPERTY, IF ANY, DESIGNATED IN THE CONDOMINIUM PLAN AND ASSIGNED TO THE COMMERCIAL UNIT PURSUANT TO THE DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS FOR 6797 EMBARCADERO LANE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON MAY 16, 2011 AS DOCUMENT NO. 2011-0251602 ("DECLARATION"), AS BEING AN EXCLUSIVE USE EASEMENT AREA APPURTENANT TO THE COMMERCIAL UNIT DESCRIBED IN PARCEL 2 ABOVE FOR THE PURPOSES DESCRIBED IN THE DECLARATION. PARCEL 4: NON-EXCLUSIVE, APPURTENANT EASEMENTS IN AND TO THE ASSOCIATION PROPERTY FOR USE THEREOF IN ACCORDANCE WITH THE TERMS OF THE DECLARATION. APN: 214-650-01-01 A"rst American Title Insurance Company r ._I Order Number: NCS-641620-5D Page Number: 11 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, 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 which 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, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Rrst American Title Insurance Company _,) Order Number: NCS-641620-5D Page Number: 12 CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (c) land use; (e) land division; and (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. Toe 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. Toe 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. Toe 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. Toe right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking First American Title Insurance Company ._I Order Number: NCS-641620-SD Page Number: 13 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. S. 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 S. 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: Rrst American Title Insurance Company --I Order Number: NCS-641620-SD Page Number: 14 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. 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 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: First American Title Insurance Company '"""" ....) Order Number: NCS-641620-SD Page Number: 15 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: 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. Arst American Title Insurance Company