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HomeMy WebLinkAboutCUP 2019-0003; CROWN CASTLE LEGOLAND CALIFORNIA RESORT; Conditional Use Permit (CUP)DocuSign Envelope I~: 6DEF0/;5C-CAD7-C-BDA6-B5A5294FB565 ·•"'-" (·city of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits [2IJ Coastal Development Permit Iii Minor 129 Conditional Use Permit Iii Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Minor D Special Use Permit 0 Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) D Variance 0 Minor (FOR DEPT USE ONLY) Legislative Permits cot1,0,ct.-~ ooo cvf U\" - 0003 0 General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change 0Amendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review Area ~ D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SU BM ITT AL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: 1 Legoland Dr., Carlsbad, CA 92008 (STREET ADDRESS) NAME OF PROJECT: Crown Castle Legoland California Resort s PROJECT VALUE (SITE IMPROVEMENTS) $750,000 ESTIMATED COMPLETION DATE September 2019 FOR CITY USE ONLY Development No. .l)G-\ltc>\'\ -(>OL\ \ Lead Case No. P-1 Page 1 of 6 Revised 03/17 r DocuSign Envelope ID: 6DEF01i5C-CAD7-l.. -BDA6-B5A5294FB565 OWNER NAME (!'l.EASL f'RIN l l APPLICANT NAME (Pl.EASE PRIN r I INDIVIDUAL NAME INDIVIDUAL NAME 6tl 1,f applicable) ( ,r ;ippllcable ! /..I z,At,,pµ COMPANY NAME COMPANY NAME \If :ippl,cablc) Legoland California LLC (if 3pplicable) Crown Castle MAILING ADDRESS MAILING ADDRESS 1100 Dexter Ave, Ste 250 CITY. STATE. ZIP CITY. STATE. ZIP Seattle, Washington, 98109 TELEPHONE 888-690-5346 TELEPHONE. 206-650-9591 EMAIL ADDRESS experience@le9oland.com EMAIL ADDRESS I CERTIFY THAT I AM THE LEGAL OWNER AND THAT All THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE f CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE SET FORTH HEREIN IS t..1Y AUTHORIZED REPRESENTATIVE FOR ~PPtiCATION. 3/1/2019 I? .1;1/1? DATE SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): Mitchell J Architecture/Michelle Thurman MAILING ADDRESS 4883 Ronson Ct., Ste N CITY, STATE. ZIP San DiegQ, QA 92111 TELEPHONE 858-650-3130 EMAIL ADDRESS mii;,;hell~I. thurman@mitchellj.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF fHIS APPLICATION AND THAT All THE ABOVE INFORMATION IS TRUE~ CORRECT TO THE BEST OF MY KNOWLEDGE~ { /4 ~i'Y\ 1,(1 1 '.(! J)it4/J~ SIGNATURE -ET 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 1,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 @~ ~D BIND ANY SUCCESSORS IN INTEREST w~~ D969DF595eA4f~.OPERTY OWNER SIGNATURE FOR CITY USE ONLY f-',1 Page 2 of 6 _ .,,r::IVED MAR 14 2019 CITY OF CARLSBAD PLANl'JING DIVISION DATE STAMP APPLICATION Rl=CEIVED RECEIVED BY I se0- Revised 03/ 1 7 DocuSign t!nvelope m: 6DEFOE5C-CAD7-C-BDA6-B5A5294FB565 ( City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov ' 1-, \.: ; en = ' ('J Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of 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_C_r_o_w_n_C_a_s_tle _____ _ Title ___________ _ Title ____________ _ Address __________ _ Address 1100 Dexter Ave, Ste 250, Seattle, WA 98109 OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person__________ Corp/Part Legoland California LLC Title ___________ _ Title _____________ _ Address _________ _ Address 1 Legoland Dr. Carlsbad, CA 92008 Page 1 of 2 Revised 07/10 ,,,,....._ DocuSign Envelope iD: 6DEFOE5C-CAD7-~ .-BDA6-B5A5294FB565 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 Profil/Trust________ Non Profil/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 I/I 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. flt~ ~wner/date Signatureofapplicant/date Peter Ronchetti Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Mitchell J Architecture/Michelle Thurman Print or type name of owner/applicant's agent P-1,A, PJqe 2 •,f 2 Rov,scd 07110 LEGOLAND ('" I.._ LEGOL:JD CALIFORNIA RESORT February 21, 2019 City of Carlsbad Development Services 1635 Faraday Avenue Carlsbad, CA 92008 California Coastal Commission San Diego Coast District 7575 Metropolitan Drive Suite 103 San Diego, CA 92108 Re: LEGOLAND California, LLC LEGOLAND CALIFORNIA RESORT One LEGOLAND Drive Carlsbad, CA 92008 TEL (760) 918-LEGO FAX (760) 918-5459 WEB www.LEGOLAND.com FEB 2 6 2019 Cl I Y \_ , LAh:LSBAD PLANr..J.r,JC, 01\/ISION Letter of Authorization Re Submission of Zoning Drawings for Proposed ODAS System Dear Sir/Madam: Please allow this letter to confirm that Crown Castle and Mitchell J. Architecture are authorized by LEGOLAND California, LLC ("LEGOLAND") to submit zoning drawings for your review regarding the proposed development of an ODAS system at the LEGOLAND California Resort property in Carlsbad, California. LEGOLAND also authorizes you to communicate with Crown Castle and Mitchell J. Architecture on its behalf regarding the proposed development of the ODAS system. Thank you for your assistance in this matter. Please contact the undersigned if you have any questions or require additional information. Very truly yours, By:~....._ _____ _ Peter Ronchetti Gener~ager ~ By:~------ Bret Wilkes Technical Services Director IS A PART OF THE MERLIN ENTERTAINMENTS GROUP ENTERTAINMENTS GROUP• ,,-- DocuSign Envelope ID: 6DEFOE5C-CAD7-li... .. -BDA6-B5A5294FB565 ( Cicyof Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: Crown Castle LEGOLAND California Resort APPLICANT NAME: Crown Castle ------------------------ 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: Crown Castle is proposing to install an Unmanned Wireless Communications Facility (WCF) at LEGOLAND California Resort. The Wireless Facility will consist of the installation of antennas and Remote Radio Heads (RRHs) on various buildings throughout the Park, LEGOLAND Hotel, and th, parking structure. Crown Castle has selected locations in the Park where Carriers can provide the best coverage for the customer. There are a total of ( 10) buildings with ( 18) individual nodes and (' Hub. The nodes provide space for (69) antennas (52 surface mounted, 17 mounted behind FRP screens) where the Wireless companies will have the opportunity to place their antennas on a first come, first served basis. The Wireless Facility will assist in providing service coverage where Cro"' Castle believes there is currently a gap in coverage throughout the Park. The Wireless Facility is intended to cover only the LEGOLAND Park so no Alternative Site Analysis was completed. P-1(8) Page 1 of 1 Rr..cr:1VED MAR 14 2019 CITY 0\-;_.AkL::3BAD PLANN\NG D\VISION Revised 07/10 CHIMA FIRST AID LEGOLAND RECEIVED tJAR 2 5 2019 CITY OF CARLSBAD PLANNING DIVISION NEW FRP SCREEN TO CROWN .,, , CASTLE MATCH EXISTING CORRUGATED SCREEN-. -- MITCHELL ..J AACHITECTUAE CHIMA FIRST AID LEGOLAND NEW FRP SCREEN TO CROWN .,, , CASTLE MATCH EXISTING CORRUGATED SCREEN-. -- MITCHELL ..J AACHITECTUAE -SEA LIFE AQUARIUM LEGOLAND CROWN .,,, , CASTLE MITCHELL ..J AACHITECTUAE zw ~_J oln c:: <( uu 7 w a: ...J ::> ...J 1-l!J u l!J T -1-u -I-I u ~ ~ ) :E ::, -D!: <( :::, a <( We !:!: z .J ::3 <(O _w ~ UJ ..J STLE HOTEL LEGOLAND /\--..__ 7 " \ ". ~e:.8------------------ SET VIEW AERIAL VIEW PROPOSED FRP SCREEN TO MATCH----- EXISTING CASTLE FACADE " . ~===ii;·(/ CROWN CASTLE M I T C 1-1 E L L .J ARC H ITECTURE zw ~-' otn 0:: <( uu 7 w I! ...J :J ...J 1-l!J u w I .... u -I ~u ~~ ) zw ~ ....I olii ~~ uu 7 w a: ...J :J ...J 1-L!J u w T t-u -I I-u ~ ~ ) . -'t • • PIZZA MANIA LEGOLAND CROWN .,,, , CASTLE MITCHELL .J ARCH I TECTURE SMOKEHOUSE LEGOLAND EXISTING VIEW CROWN .,, , CASTLE PROPOSED ANTENNAS BEHIND NEW FRP SCREEN TO MATCH BRICK AND MORTAR AESTHETIC AND CASTLE BATTLEMENTS M I TCHE L L .J ARCH I T E CTURE WOK-N-BOWL LEGOLAND CROWN .,,, , CASTLE PROPOSED ANTENNAS BEHIND PROPOSED FRP SCREEN TO MATCH EXISTING. MITCHELL .J ARCH I TECTURE WATERPARK LEGOLAND CROWN .,,, ,, CASTLE MITCHELL ..J ARCHI T ECTURE PROPOSED ANTENNAS BEHIND PROPOSED FRP SCREEN HUB LEGOLAND 336 -----~ ,~ ..... -"'• lwCs 336 i.....,_, ~ ~ .... "· •· cs CROWN .,,, , CASTLE MITCHELL .J ARCH I TECTUAE PROPOSED PREFABRICATED EQUIPMENT SHELTER PROPOSED GATE KINGDOM LEGOLAND CROWN .,, , CASTLE MITCHELL .J AACH I TECTUAE PROPOSED VIEW LEGOLIFE LEGOLAND CROWN CASTLE MITCHELL .J ARCHIT ECT URE PROPOSED ANTENNA~--ll& ~ BEHIND PROPOSED FRP SCREEN PARKING STRUCTURE LEGOLAND SET VIEW 0 (-------------------✓---~ ~~~~l~~A+16B -~ ) STRJCTURE .. · \'f ! ~ '. . . \. : \ '\ : AERIAL VIEW - I EXISTING VIEW J PROPOSED RELOCATED SECURITY CAMERA AND M CROWN .,,, , CASTLE MITCHELL .J ARCHITECTURE .. ,;.•<·.-·;?_, I PROPOSED VIEW J ---t Jill zw ~...I oln ~~ uu -, w a: ...I :J ...I I-l!J u w T I-u -J: I-u ~ a: ( ) 1-z ~ ::, <C 1-u, w 0:: zc wz c::5 0:: 0 <CC, C) ~ DocuSigr' Envelope• ID: 6DEFOE5C-CAD7-C-soA6-B5A5294FB565 \... City of c:arlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) De vW}Jk Jr, i JP '~er vices CITY or~ c~~[!~'{!}iOn PLAN 1\J If\. I ~3Hj~'fld-;aY ,+\'ffi"Ue ' ' 'L --'(16'c}f6M:4'610 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 N ' Michelle Thurman (authorized agent for Crown Castle) ame· ______________ _ Address:_4_8_8_3_R_o_n_s_o_n_C_t,_S_t_e_N __ _ San Diego, CA 92111 Phone Number: 858-650-3130 PROPERTY OWNER Name: Legoland California LLC Address: 1 Legoland Dr Carlsbad CA 92008 Phone Number 888-690-5346 Address of Site: 1 Legoland Dr, Carlsbad, CA 92008 Local Agency (City and County): Carlsbad, San Diego County Assessors book. page and parcel number ___________________ _ Specify list(s): ________ N_/A ___________________ _ Regulatory Identification Number: ______________________ _ Date of List: _____________________________ _ 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. Pagt' 1 of 2 Revised 02, 13 • Docu6ign Envelope ID: 6DEFOE5C-CAD7CI-BDA6-B5A5294FB565 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): _________________________ _ General Information 1. Name of project: Crown Castle Legoland California Resort 2. Name of developer or project sponsor: _C_r_o_w_n_C_a_s_t_le ___________ _ Address: 1100 Dexter Ave, Ste 250 City, state, Zip Code: Seattle, WA, 98109 Phone Number: 206-650-9591 3. Name of person to be contacted concerning this project: Michelle Thurman Address: 4883 Ronson Ct., Ste N City, State, Zip Code: San Diego, CA, 92111 Phone Number: 858-650-3130 4. Address of Project: 1 Legoland Dr, Carlsbad, CA 92008 Assessor's Parcel Number: 206-200-05-00 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: Coastal Existing General Plan Land Use Designation: _______________ _ Existing zoning district: ______________________ _ Existing land use(s): _______________________ _ Proposed use of site (Project for which this form is filed): Wireless Communication Facility Project Description 10. Site size: ___________________________ _ 11. Proposed Building square footage: ___________________ _ 12: Number of floors of construction: ___________________ _ 13. Amount of off-street parking provided: __________________ _ 14. Associated projects: _______________________ _ P-1(O) Page 2 of 4 Revised 07/10 , Docu6ign Envelope ID: 6DEFOE5C-CAD7-C-BDA6-B5A5294FB565 - 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: _N_JA ___________________ _ 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_1A _______ _ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: _NJ_A ___________________ _ P-1(D) Page 3 of 4 Revised 07/10 • Docu6igrl Envelop~ ID: 6DEFOE5C-CAD7-L,-BDA6-B5A5294FB565 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 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D 0 roads. 22. Change in pattern, scale or character of general area of project. □ 0 23. Significant amounts of solrd waste or litter. □ 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0 25. Change in ocean. bay, lake, stream or ground water quality or quantity, or □ 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ 0 27. Site on filled land or on slope of 10 percent or more. □ 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0 31. Relationship to a larger project or series of projects. □ 0 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. Dale 3 / J 4 /1 "I s;gnalure: 'TD c&Julft ·--1- For: C,;y-o \.Un C..~ '\--lL P-1(0) Page 4 of 4 Revised 07/10 • DocuSign Envelope ID: 6DEFOE5C-CAD7-CBDA6-B5A5294FB565 (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. Applicant Signature: ~< -+- Staff Signature: Date: To be stapled with receipt to the application ,- crTY c-~-·· ---· ,------~· P-1(E) Page 1 of 1 Revised 07/10 ( City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 \ INSTRUCTIONS: 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 (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, 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 PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has 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 completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: Crown Castle LEGOLAND California Resort PROJECT ID: ADDRESS: 1 Legoland Dr, Carlsbad CA 92083 APN: 206-200-05-00 The project is (check one): ~ New Development D Redevelopment The total proposed disturbed area is: ft2 ( ) acres The total proposed newly created and/or replaced impervious area is: ft2 ( ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID Then, go to Step 1 and follow the instructions. application to the city. E-34 SWQMP#: When completed, sign the form at the end and submit this with your Page 1 of 4 Ec r-1 !ED MAR 14 20\9 CITY OF CARLS E 2116 p_AN~ NG '.JI\ '"'10,J STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? Qg □ If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): Placing antennas on an existing building, this will not alter the size of the building If you answered "no" to the above auestion, the project is a 'development oroiect', ao to Steo 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets auidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ □ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □ If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above auestions, vour project is not exempt from PDP, ao to Step 3. E-34 Page 2 of 4 REV 04/17 STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ □ and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface 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 and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ □ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 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 and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ □ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface 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 commingled with flows from adjacent lands).• 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive 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 or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area 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 day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction? 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ □ 21.203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box stating "My project is a 'STANDARD PROJECT' ... " and complete aoolicant information. E-34 Page 3 of 4 REV 04/17 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A)= sq. ft. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*1 00 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire developm ent. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "My project is a PDP ... "and complete aoolicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-3o' and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. 129 My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Michelle Thurman/Mitchell J Architecture Applicant Title: Site Acquisition Specialist Applicant Signature:::(hw k ! 11.,( i Date: ?// t--f// j_ .. • Environmentally Sens1t1ve Areas include but are not limited to all Clean Water Act Section 303(d} 1mpa1red 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 equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. Th' B ~ c·t U O I IS ox or l'Y se my YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 04/17 ' . • TICOR TITLE™ MAIL TO: Mitchell J Architecture Attn: Michelle Thurman Your Ref: Legoland TITLE OFFICER: Cindy Youngers ORDER NO.: 00587326-995-SDT-CY DATE: March 01, 2019 1 :24 PM TRANSMITTAL PROPERTY ADDRESS: 1 LEGOLAND DRIVE, CARLSBAD, CA BUYER/BORROWER: Enclosed please find your Policy of Title Insurance. Thank you -we appreciate your business! 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 PHONE: (619) 260-0015 Ext. 5218 EMAi L: cindy.youngers@ticortitle.com FAX: (619) 692-9465 @ Chicago Title Insurance Company GUARANTEE NO.: CA-FASD-IMP-72G28-1-19-00587326 CL TA GUARANTEE FACE PAGE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Ticor Title Company of California 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 • Fax: (619) 692-9465 Email: cindy.youngers@ticortitle.com Countersigned: By· (/ll(d '~ Authorized Signature Chicago Title Insurance Company • By Randy au.iii Pmident AIIHI CL TA Guarantee Face Page (06-05-14) Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00587326-995-SDT-CY Guarantee No. CA-FASD-IMP-72G28-1-19-00587326 GUARANTEE EXCLUSIONS AND CONDITIONS (06-05-14) EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (f) "Amount of Liability": the Amount of Liability as stated in Schedule A. 2. Notice of Claim to be Given by Assured. The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. CL TA Guarantee Exclusions and Conditions (06-05-14) © California Land Title Association. All rights reserved. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. (a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Page2 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. r \ Order No. 00587326-995-SDT-CY information or grant perm1ss1on to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs. attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that that the Company is obligated to pay; or (c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. Limitation of Liability. (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien or, encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed. in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or Cl TA Guarantee Exclusions and Conditions (06-05-14) © California Land Title Association. All rights reserved. - Guarantee No. CA-FASD-IMP-72G28-1-19-00587326 property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 11. Arbitration. Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Severability In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. Choice of Law; Forum (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at Chicago Title Insurance Company, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. Page 3 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. - Order No.: 00587326-995-SDT-CY Guarantee No.: CA-FASD-IMP-72G28-1-19-00587326 72G10 CL TA Guarantee Form No. 10 Judgment and Tax Lien (Revised 6/6/92) Page 4 - Order No.: 00587326-995-SDT-CY Guarantee No.: CA-FASD-IMP-72G28-1-19-00587326 CONDITION OF TITLE GUARANTEE SCHEDULE A Order No.: 00587326-995-SDT-CY Guarantee No.: CA-FASD-IMP-72G28-1-19-00587326 Date of Guarantee: August 29, 2018 at 7:30 a.m. 1. Name of Assured: MITCHELL J ARCHITECTURE 2. The estate or interest in the Land which is covered by this Guarantee is: A FEE 3. The Land referred to in this Guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: Amount of Liability: $5,000.00 Fee: $1,000.00 MERLIN ENTERTAINMENTS GROUP U.S. HOLDINGS INC., a Delaware Corporation as successor in interest of Play U.S. Acquisitions, Inc., a Delaware corporation b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 5 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00587326-995-SDT-CY Policy No. CA-FASD-IMP-72G28-1-19-00587326 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 18 AND 19 OF CITY OF CARLSBAD TRACT 94-09, CARLSBAD RANCH-UNITS 2 & 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13408, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 1, 1997. APN(s): 211-100-09AND 211-100-11 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page6 The use of this Form is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. - Order No. 00587326-995-SDT-CY Policy No. CA-FASD-IMP-72G28-1-19-00587326 SCHEDULE B A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2019-2020 B. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 211-100-09 2018-2019 $1,237,243.48 Paid $1,237,243.48, Open (Delinquent after April 10) $123,734.34 $None 09176 C. Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Penalty: Delinquent: Code Area: Supplemental Bill No.: 211-100-09-00 2017-2018 $31,022.68, Paid $31,022.68, open $3,112.26 April 10, 2019 09176 879-372-44-97 D. A pending assessment for the District shown below. When notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land. District:. Disclosed By:. Recorded:. Community Facilities District No. 1 Assessment District Boundary December 19, 1990 as Instrument No.1990-0674118, of Official Records Notice of special tax lien pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code recorded May 20. 1991 as Instrument No. 1991- 0236959, of Official Records. E. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page7 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Tille Association. - Order No. 00587326-995-SDT-CY Policy No. CA-FASD-IMP-72G28-1-19-00587326 SCHEDULE B (Continued) 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress July 5, 1972 as Instrument No.72-172891, of Official Records The exact location and extent of said easement is not disclosed of record 3. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Palomar Airport Road, where required for the construction and maintenance of said Street, as contained in the deed recorded September 15, 1988 as Instrument No. 88-463304, of Official Records. Affects Lot 18 herein described. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated:. Granter:. Grantee:. Purpose:. Recorded:. Affects:. June 27, 1988 Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September 8, 1983 The City of Carlsbad Drainage September 15, 1988 as Instrument No.88-0463305, of Official Records Lot 18 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document. 6. Dated:. Granter:. Grantee:. Purpose:. Recorded:. Affects:. June 27, 1988 Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September 8, 1983 The City of Carlsbad open space and incidental purposes September 15, 1988 as Instrument No.88-0463306, of Official Records Lot 18 The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Palomar Airport Road, where required for the construction and maintenance of said public highway, as contained in the deed recorded September 15, 1988 as Instrument No.88-463310, of Official Records. Affects Lot 18 herein described. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated:. Granter:. Grantee:. Purpose:. Recorded:. Affects:. June 24, 1988 Carltas Company, a California limited partnership City of Carlsbad drainage September 15, 1988 as Instrument No.88-0463313, of Official Records Lot 18 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 8 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. r Order No. 00587326-995-SDT-CY Policy No. CA-FASD-IMP-72G28-1-19-00587326 SCHEDULE B (Continued) 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document. May 20, 1992 Carltas Company, a limited partnership The City of Carlsbad Traffic signal maintenance July 15, 1992 as Instrument No.1992-0443116, of Official Records Dated:. Granter:. Grantee:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Affects Lot 18 herein described 9. A document entitled "Hold Harmless Agreement Drainage", executed by Carlsbad Ranch Company, L. P., and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 12, 1995 as Instrument No. 1995-0245821, of Official Records. 10. A document entitled "Hold Harmless Agreement Geological Failure", executed by Carlsbad Ranch Company, L. P., and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 12, 1995 as Instrument No. 1995-0245822, of Official Records. 11. A document entitled "Development Agreement", dated, January 6, 1996, executed by City of Carlsbad and Lego Park Planning, Inc., subject to all the terms, provisions and conditions therein contained, recorded March 22, 1996 as Instrument No. 1996-0141299, of Official Records. Affects Lot 18 herein described 12. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. July 11, 1996 as Instrument No.1996-0348524, of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 9 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00587326-995-SDT-CY Policy No. CA-FASD-IMP-72G28-1-19-00587326 SCHEDULE B (Continued) 13. A document entitled "Notice of Restriction on Real Property", dated, May 20, 1996, executed by City of Carlsbad, Carlsbad Ranch Company, L. P., CB Ranch Enterprises, Carlsbad Estate Holding, Inc., and National Association of Music Merchants, Inc., subject to all the terms, provisions and conditions therein contained, recorded September 5, 1996 as Instrument No. 1996-0450388, of Official Records. 14. A document entitled "Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee for Inside the Boundaries of Community Facilities District No. 1", dated, December 17, 1996, executed by City of Carlsbad and Lego Land Carlsbad, Inc., Corporation, subject to all the terms, provisions and conditions therein contained, recorded February 7, 1997 as Instrument No. 1997- 0056338, of Official Records. Affects Lot 18 herein described 15. An Agreement, and the terms and conditions as contained therein Dated:. February 21, 1997 By and Between:. Carlsbad Ranch Company, L. P., and Carlsbad Estate Holding, Inc., and Acknowledged and Consented to by the California Coastal Commission Recorded:. Regarding:. February 24, 1997 as Instrument No.1997-008027 4, of Official Records Open space deed restriction Reference is hereby made to said document for full particulars. Affects Lot 18 herein described 16. The fact that the ownership of said land does not include rights of access to or from the Street and Highway abutting said land, such rights having been relinquished by the map of said tract. Affects:. Lot 18 adjacent to Palomar Airport Road Said land however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. 17. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the Map of said Tract. Affects:. Lot 19 on the South adjacent to Lots 9 and 10 as shown on said Map No.13408 Said land, however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. 18. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.:. Easement Purpose:. Affects:. general access and public utilities and drainage as shown on said Map No. 13408 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 10 The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00587326-995-SDT-CY Policy No. CA-FASD-IMP-72G28-1-19-00587326 SCHEDULE B (Continued) 19. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. April 1, 1997 as Instrument No.1997-0150347, of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of a first mortgage or first Deed of Trust made in good faith and for value. Among other things, said document provides: Easements and Restrictions 20. An Unrecorded Lease affecting the premises herein described, executed by and between the parties herein named, with certain terms, covenants, conditions and provisions set forth therein. Lessor:. Lessee:. Recorded:. Lego Carlsbad AG, (Lego Carlsbad Inc.) a Swiss corporation Lego Land Carlsbad, Inc., a California corporation April 16, 1997 as Instrument No.1997-0175999, of Official Records The present ownership of the Leasehold created by said Lease and other matters affecting the interest of the Lessee are not shown herein. An assignment and assumption of Lease dated as of July 11, 2005, by and between Lego Land Estates AG (Lego Land Estates, Inc.}, a Swill corporation and Play U. S. Acquisitions Co. Inc., a Delaware corporation, recorded August 29, 2005 as Instrument No. 2005-0744001, of Official Records. 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 11 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00587326-995-SDT-CY Policy No. CA-FASD-IMP-72G28-1-19-00587326 SCHEDULE B (Continued) An agreement which states that this instrument was subordinated To:. Recorded:. By Agreement Recorded:. Deed of Trust May 21, 2007 as Instrument No.2007-0343513 of Official Records May 21, 2007 as Instrument No.2007-0343514 of Official Records The terms and provisions contained in the document entitled "Amended and Restated Subordination and Attornment Agreement" recorded July 81 2008 as Instrument No. 2008-0364321 of Official Records. Second Amended and Restated Subordination and Attornment Agreement recorded November 29, 2010 as File No. 2010-065677, Official Records. 21. A document entitled "Landscape Maintenance and Easement Agreement", dated, April 27, 1997, executed by Carlsbad Ranch Company, L. P., a California limited partnership and Lego Carlsbad AG (Lego Carlsbad Inc.), a Swiss corporation, subject to all the terms, provisions and conditions therein contained, recorded April 29, 1997 as Instrument No. 1997-0197544, of Official Records. First amendment to landscape maintenance and easement agreement dated April 9, 1998, executed by Carlsbad Ranch Company, L. P., a California limited partnership and Lego Land Estates AG (Lego Land Estates Inc.), a Swiss corporation, recorded April 27, 1998 as Instrument No. 1998-0239009, of Official Records. 22. A document entitled "Hold Harmless Agreement Drainage", dated, May 29, 1997, executed by Lego Carlsbad AG (Lego Carlsbad Inc.) a Swiss corporation, subject to all the terms, provisions and conditions therein contained, recorded July 1, 1997 as Instrument No. 1997-0310071, of Official Records. 23. A document entitled "Notice of Restriction on Real Property", dated, July 29, 1997, executed by Lego Land Estates AG (Lego Land Estate3, Inc.) and City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded August 14, 1997 as Instrument No. 1997-03917 46, of Official Records. 24. A document entitled "Notice Concerning Aircraft Environmental Impacts Case No.: SDP 96-14/CDP 96- 16", dated, July 29, 1997, executed by Lego Land Estates AG (Lego Land Estate, Inc.), subject to all the terms, provisions and conditions therein contained, recorded August 14, 1997 as Instrument No. 1997- 0391747, of Official Records. 25. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated:. Granter:. Grantee:. Purpose:. Recorded:. Affects:. October 30, 1997 LegoLand Estates (Lego Land Estates Inc.}, a Swiss corporation San Diego Gas and Electric Company, a corporation public utilities, ingress, egress November 6, 1997 as Instrument No.1997-0560979, of Official Records Lot 18 The exact location and extent of said easement is not disclosed of record 72G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 12 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00587326-995-SDT-CY SCHEDULE B (Continued) -- Policy No. CA-FASD-IMP-72G28-1-19-00587326 26. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated:. Grantor:. Grantee:. Purpose:. Recorded:. Affects:. November 10, 1997 LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation San Diego Gas and Electric Company, a corporation public utilities, ingress, egress December 1, 1997 as Instrument No.1997-0603896, of Official Records Lot 18 27. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated:. Grantor:. Grantee:. Purpose:. Recorded:. Affects:. January 21, 1998 LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation Carlsbad Municipal Water District water line easement March 6, 1998 as Instrument No.1998-0122320, of Official Records Lot 18 28. A Grant Deed of waterline easement for the purpose shown below and rights incidental thereto as set forth in a document Dated:. Grantor:. Grantee:. Purpose:. Recorded:. Affects:. October 21, 1998 LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation Carlsbad Municipal Water District water line easement March 6, 1998 as Instrument No.1998-0122321, of Official Records Lot 18 29. A Grant Deed of waterline easement for the purpose shown below and rights incidental thereto as set forth in a document Dated:. Grantor:. Grantee:. Purpose:. Recorded:. Affects:. January 21, 1998 LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation Carlsbad Municipal Water District water line easement March 6, 1998 as Instrument No.1998-0122322, of Official Records Lot 18 30. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Grand Pacific Carlsbad, L. P., a California limited partnership storm drain easement August 3, 2005 as Instrument No.2005-0660417, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 31. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded June 6, 2006 as Instrument No. 2006-0398658 of Official Records. 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 13 The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00587326-995-SDT-CY SCHEDULE B (Continued) Policy No. CA-FASD-IMP-72G28-1-19-00587326 32. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: Dated:. Trustor:. Trustee:. Beneficiary:. Loan Number:. Recorded:. $227,272,727.00 May 21, 2007 Merlin Entertainment Group U.S. Holdings Inc., a Delaware corporation Chicago Title Company Bayerische Hypo-Und Vereinsbank AG London Branch, its successors and/or assigns Not shown May 21, 2007 as Instrument No.2007-0343513 of Official Records Said Deed of Trust was amended and restated by that certain document entitled "Amended and Restated Deed of Trust with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing, executed by Merlin Entertainment Group, U. S. Holdings Inc., a Delaware corporation, as Trustor, to Chicago Title Insurance Company, as Trustee, for the Benefit of Bayerische Hypo-UndVereinsBank AG, Milan Branch, as Beneficiary recorded July 8, 2008 as Instrument No. 2008-0364320 of Official Records. Second Amended and Restated Deed of Trust, Assignment of Leases and Rents, Security Agreement, Financing Statement and Fixture Filing recorded November 29, 2010 as File No. 2010-0652676, Official Records. Memorandum of Loan Modification Agreement and Amendment to Deed of Trust Executed by:. Recorded:. Merlin Entertainments Group U.S. Holdings Inc., a Delaware corporation and Unicredit Bank AG London Branch (formerly Bayerische Hypo-Und Vereinsbank AG London Branch) February 28, 2011 as File No. 2011-0108025, Official Records Memorandum of Loan Modification Agreement and Amendment to Deed of Trust Executed by:. Recorded: Merlin Entertainments Group U.S. Holdings Inc., a Delaware corporation and Unicredit Bank AG London Branch (formerly Bayerische Hypo-Und Vereinsbank AG London Branch) June 2, 2011 as File No. 2011-0282086, Official Records 33. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded March 24, 2010 as Instrument No. 2010-0146897 of Official Records. 34. A document subject to all the terms, provisions and conditions therein contained. Entitled: Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recorded: January 12, 2012 as File No. 2012-0019022. Official Records Reference is hereby made to said document for full particulars. 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 14 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00587326-995-SDT-CY Policy No. CA-FASD-IMP-72G28-1-19-00587326 SCHEDULE B (Continued) 35. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hold Harmless Agreement Drainage Recorded: January 12, 2012 as File No. 2012-0019023, Official Records Reference is hereby made to said document for full particulars. 36. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hold Harmless Agreement Geological Failure Recorded: January 12, 2012 as File No. 2012-0019024, Official Records Reference is hereby made to said document for full particulars. 37. A document subject to all the terms, provisions and conditions therein contained. Entitled: Notice of Restriction on Real Property Recorded: March 61 2012 as File No. 2012-0131245, Official Records Reference is hereby made to said document for full particulars. Affects Lot 18 38. A document subject to all the terms, provisions and conditions therein contained. Entitled: Permanent Stormwater Quality Best Management Practice Maintenance Agreement . Recorded: March 5, 2013 as File No. 2013-0142200, Official Records 39. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities and ingress and egress November 26, 2014 as Instrument No. 2014-0519247 Official Records The exact location and extent of said easement is not disclosed of record First Amendment to Grant of Easement Recording Date: August 03, 2018 Recording No.: 2018-0317883 of Official Records 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 15 The use of this Form is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00587326-995-SDT-CY SCHEDULE B (Continued) Policy No. CA-FASD-IMP-72G28-1-19-00587326 40. The terms and provIsIons contained in the document entitled "Permanent stormwater quality best management practice maintenance agreement" recorded February 23, 2015 as Instrument No. 2015- 0078873 Official Records. 41. The terms and provisions contained in the document entitled "Permanent stormwater quality best management practice maintenance agreement" recorded September 23, 2015 as Instrument No. 2015- 0500753 Official Records 42. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property May 03, 2016 2016-0208576 of Official Records Reference is hereby made to said document for full particulars. 43. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage October 28, 2016 2016-0583977 of Official Records Reference is hereby made to said document for full particulars. 44. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement October 28, 2016 2016-0583978 of Official Records Reference is hereby made to said document for full particulars. 45. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property October 28, 2016 2016-0584 717 of Official Records Reference is hereby made to said document for full particulars. 46. Matters contained in that certain document Entitled: Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date: November 07, 2016 Recording No: 2016-0604310 of Official Records Reference is hereby made to said document for full particulars. 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 16 The use of this Form is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No, 00587326-995-SDT-CY SCHEDULE B (Continued) 47. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property November 22, 2016 2016-0641198 of Official Records Reference is hereby made to said document for full particulars. 48. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage February 15, 2017 2017-0075839 of Official Records Reference is hereby made to said document for full particulars, 49, Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage February 15, 2017 2017-0075889 of Official Records Reference is hereby made to said document for full particulars. 50. Matters contained in that certain document , ..., Policy No. CA-FASD-IMP-72G28-1-19-00587326 Entitled: Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date: February 15, 2017 Recording No: 2017-075922 of Official Records Reference is hereby made to said document for full particulars. 51, Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure February 15, 2017 2017-0075940 of Official Records Reference is hereby made to said document for full particulars. 52. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure February 15, 2017 2017-075948 of Official Records Reference is hereby made to said document for full particulars. 72G28 CLTA Guarantee Form No, 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 17 The use of this Form is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited, Reprinted under license or express permission from the California Land Title Association, Order No. 00587326-995-SDT-CY SCHEDULE B (Continued) 53. Matters contained in that certain document Policy No. CA-FASD-IMP-72G28-1-19-00587326 Entitled: Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date: February 15, 2017 Recording No: 2017-076030 of Official Records Reference is hereby made to said document for full particulars. 54. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of restriction on Real Property May01,2017 2017-019307 4 of Official Records Reference is hereby made to said document for full particulars. 55. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage June 12, 2017 2017-0261255 of Official Records Reference is hereby made to said document for full particulars. 56. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure June 12, 2017 2017-0261256 of Official Records Reference is hereby made to said document for full particulars. 57. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property July 21, 2017 2017-0330082 of Official Records Reference is hereby made to said document for full particulars. 58. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property November 077, 2017 2017-0521212 of Official Records Reference is hereby made to said document for full particulars. 72G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 18 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00587326-995-SDT-CY SCHEDULE B (Continued) 59. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage November 28, 2017 2017 -0550020 of Official Records Reference is hereby made to said document for full particulars. 60. Matters contained in that certain document Policy No. CA-FASD-IMP-72G28-1-19-00587326 Entitled: Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date: November 28, 2017 Recording No: 2017-0550021 of Official Records Reference is hereby made to said document for full particulars. 61. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure November 28, 2017 2017-0550022 of Official Records Reference is hereby made to said document for full particulars. 62. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District public water easement February 13, 2018 2018-056875 of Official Records Lot 18 63. A claim of mechanic's lien or materialman's lien Claimant: Amount: Recording Date: Recording No: Nevel! Group, Inc. $562,517.40 July 12, 2018 2018-0283470 of Official Records 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 19 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00587326-995-SDT-CY SCHEDULE B (Continued) A Notice of Pending Action to foreclose said lien County: Court: Case No.: Recording Date: Recording No: San Diego Superior 37-2018-00051065-CU-BC-NC October 24, 2018 2018-0443811 of Official Records Policy No. CA-FASD-IMP-72G28-1-19-00587326 A Partial Release of Mechanics Lien recorded December 10, 2018 as instrument No. 2018-0505950 of Official Records. 64. A claim of mechanic's lien or materialman's lien Claimant: Amount: Recording Date: Recording No: Helix Electric Inc. $1,064,136.00 August24,2018 2018-0348871 of Official Records A Notice of Pending Action to foreclose said lien County: Court: Case No.: Recording Date: Recording No: San Diego Superior 37-2018-00059160-CU-BC-CTL January 15, 2019 2019-0016014 of Official Records 65. A claim of mechanic's lien or materialman's lien Claimant: Amount: Recording Date: Recording No: Sierra Pacific West, Inc. $178, 143.37 October 05, 2018 2018-0416168 of Official Records 66. A claim of mechanic's lien or materialman's lien Claimant: Amount: Recording Date: Recording No: PCL Construction Services, Inc. $2,370,333.00 November 06, 2018 2018-0463961 of Official Records A Notice of Pending Action to foreclose said lien County: Court: Case No.: Recording Date: Recording No: San Diego Superior 37-2018-00051624-CU-BC-NC December 21, 2018 2018-0524120 of Official Records 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 20 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00587326-995-SDT-CY SCHEDULE B (Continued) 67. A claim of mechanic's lien or materialman's lien Claimant: Amount: Recording Date: Recording No: Miller Blades, Inc. $3,925.00 November 16, 2018 2018-0477568 of Official Records 68. A claim of mechanic's lien or materialman's lien Claimant: Amount: Recording Date: Recording No: Cafe Concepts, Inc. $21,952.76 December 10, 2018 2018-0507055 of Official Records 69. A claim of mechanic's lien or materialman's lien Claimant: Amount: Recording Date: Recording No: Sierra Pacific West, Inc. $178,143.37 January 02, 2019 2019-0001224 of Official Records 70. A claim of mechanic's lien or materialman's lien Claimant: Amount: Recording Date: Recording No: Western Transportation $56,000.00 February 08, 2019 2019-0047032 of Official Records 71. A claim of mechanic's lien or materialman's lien Claimant: Amount: Recording Date: Recording No: Miller Blades, Inc. $3,925.00 February 11, 2019 2019-0047667 of Official Records 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Policy No. CA-FASD-IMP-72G28-1-19-00587326 Page 21 The use of this Form is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00587326-995-SDT-CY Policy No. CA-FASD-IMP-72G28-1-19-00587326 a, 0 V; • I ii ! • • • • • • • !2 ' . t! .. ~~ !:d •• i .I .. I I j:< :~ js ,~ I i ;<i ~: ~i ": @ I I This map/plat it being fuml1hed as an aid In locating the h1K81n described Lend in relation to adjoining :ltreets, r111tural boundal'lel and other land, and la not a survey of the land depicted 1 Except to the extent a policy of title insurance 19 expressly modified by endorsement, If any, the Company does not Insure dimensions, distances, location of eesementa, acreage or other matters shown thereon Order: 96610 Page 1 of 1 Requested By. j.stevenson, Printed 9/5/2018 7.07 AM Doc· SD:A 211•10 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 22 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association.