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MCUP 13-07; Taylormade Verizon Wireless; Conditional Use Permit (CUP) (2)
«~~' ~ CITY OF CARLSBAD APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) D Administrative Permit D Coastal Development Permit (*) D Minor II] Conditional Use Permit (*) II] Minor D Extension l--\c..uf> D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit (*) D Planned Development Permit D Minor D Residential D Non-Residential D Planned Industrial Permit D Planning Commission Determination D Site Development Plan D Special Use Permit D Tentative Tract Map/Parcel Map D Variance D Administrative D General Plan Amendment D Local Coastal Program Amendment (*) D Master Plan D Specific Plan D Zone Change (*) 0Amendment 0Amendment D Zone Code Amendment South carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative 0 Minor D Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 212-130-50-00 ------------------------------------------------------------------- PROJECT NAME: TaylorMade VLRIUJN UJ1 ~'-£.6:5 BRIEF DESCRIPTION OF PROJECT: Proposed unmanned wireless telecommunications facility BRIEF LEGAL DESCRIPTION: Parcel 2 of PM 17830 -------------------------------------------------------------- LOCATION OF PROJECT: 5541 Fermi Court -------------------------s=T=R~E~E=T~A~D=D=R=Es~S~------------------------ ON THE: BETWEEN P-1 West (NORTH, SOUTH, EAST, WEST) Salk Avenue (NAME OF STREET) SIDE OF Fermi Court AND (NAME OF STREET) Termination of Fermi Court (NAME OF STREET) Page 1 of6 Revised 11/12 / OWNER NAME (Print): FermiCourt,LP APPLICANT NAME (Print): Verizon Wireless MAILING ADDRESS: 1800 THIBODO RD., STE 320 MAILING ADDRESS: P.O. Box 19707 CITY, STATE, ZIP: VISTA CA 92081 CITY, STATE, ZIP: Irvine, CA 92623 TELEPHONE: 619-708-3302 TELEPHONE: EMAIL ADDRESS: 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. THE BEST OF MY KNOWLEDGE. .Set: UJA-05-22-2013 ----05-22-2013 SIGNATURE DATE~ SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Doug Munson MAILING ADDRESS: P.O. Box 55 CITY, STATE, ZIP: Poway, CA 92074 TELEPHONE: 760-390-7727 EMAIL ADDRESS: doug.munson@mmtelecominc.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. v--~~ 05-22-2013 SIGNATURE 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. IJWE 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. ~~r-.... ~ PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED MAY 2 3 28n CITY OF CARLSBAD DATE gA~1~~l~~nBJ){~§J~ P-1 Page 2 of6 Revised 11/12 LED'ER Of AUTHORIZATION APPLICAnON FOR ZONING/LAND USE ENTITLEMENTS Silll ~: Taytgr Made Property Aclchwa: 5541 Femi Court cartsbad. CA 92008 Ass•aor'• Parcel Number: 212-130-5Q.QQ '· Src11 e-N c. c t!A.ret£. u1 . the ewner/represemative ot the above deecribed property. authartze VERtZON Its empbyeaa, nlpfBSBtdafNes. agents. andlor conaullanls, including but not limited to M&M Telecom. Inc. to act •., agent on my behalf for the sole purpose of consummating eny building or land-use appklalons necessary to ensure VERIZON'a abilty to use the property for 1he pwpose of constructing and opef8ting a wireless comnunicatione faeiftty. I understand that thia application may be denied, modified, or approved with canditions, and that such conditions or modilications must be complied with prior to issuance of buiktlng permits and that as owner of the subject property I wil cooperate with VERIZON and said agents, at no cost to the owner, in order to complete said conditions. I futther undemtand IINJt signing thia authorization is not to be consttued as a commitment d any kind, tmd that all land-use epptOVBis obtafned will be subject to the sucx:essful comp/6tion of lease amendment negotiations and my approval of the project site plans. Signatum of Properly OM1er{s): Title: 1/vtv{tn{:WK' ~: ~m..k: fil6tz.. Date: .3/6/t.r / I <<~k.~' ~ CITY OF CARLSBAD PROJECT DESCRIPTION P-1(8) PROJECT NAME: -;-#"fUll!! ,/?JA/1£ APPLICANT NAME: LJoU.!? fo,..J SC,.J 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: Verizon Wireless proposes to install a new wireless telecommunications facility at 5541 Fermi Court in the City of Carlsbad. A Minor Conditional use Permit is the required application and process for WTF's at a preferred location and is governed by both the underlying zone and Policy 64. The project consists of the installation of twelve panel antennas in three separate sectors located on the roof of the subject building. Screening will be provided on all four sides of the antenna mount locations in order to screen the antennas from every view possible of the roof. Additionally, the radio and power equipment will be located inside the subject building within a space leased from the property owner near the east side entrance to the building. A generator is also proposed and will be located along the southern property line and west of the existing trash enclosure and mechanical room The generator will be screened by a proposed enclosure designed to match the architecture of the adjacent structure. P-1(8) Page 1 of 1 Revised 07/10 TELECOM INC "A Certified Woman-Owned Business" May 23, 2013 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA Re: Minor Conditional Use Permit for Wireless Telecommunications Facility Please accept the attached application and associated documents and plans for a proposed Wireless Telecommunication Facility to be located at 5541 Fermi Court within the City of Carlsbad. Our proposal consists of the installation of twelve antennas in three sectorized locations roof mounted on an existing two story commercial building. The antennas will be fully screened on all four sides and integrated into the design architecture of the building. The radio and power equipment will be located inside the existing building and all connections to the antennas will be routed within the building to the roof. Power and telco service existing within the existing building therefore there will be no need to connect to an exterior location. A generator compound is also proposed. The structure will be located south of the existing building adjacent to the parking lot and adjacent to the existing trash enclosure and mechanical room. The connection to the radio and power equipment will be installed underground. No parking spaces will be sacrificed or impacted as a result of this proposed project. No grading or changes to historical onsite drainage are proposed as a part of this application. This project will provide coverage along El Camino Real and College Boulevard as well as the parking areas and in-building coverage for the commercial buildings in the area. This site will also help add capacity to the area via additional radios for our subscribers. This proposed project is designed to meet all FCC requirements and regulations pertaining to human exposure and compliance to that requirement is found within the attached EME Study. Please do not hesitate to call me with any questions that may arise as a result of your review of this application. Respectfully, ~~ - Vice President I Senior Planner P.O. BOX 55, POWAY, CA 92074 • PH. (760) 390-7727 • FAX (760) 454-1807 EMAIL: douq.munson@mmtelecominc.com .. TELECOM INC "A Certified Woman-Owned Business" Alternative Site Analysis and Site Selection Process The site selection process begins with the issuance of a "search ring" or search area description from the radio frequency engineer designing the installation for the area. The "search ring" consists of an aerial map with a circle or ellipse superimposed that creates a boundary for which the RF Engineer wants the new site to be located. The search ring criteria will also request a tip height of the antennas. Once the Search Ring has been provided the site acquisition team explores the area and considers topography, zoning, vertical impediments to the signal such as trees or buildings and topography. The SA Team narrows down several candidates and investigates the merits of each one and compiles a Site Candidate Information Package. (SCIP) The SCIP provides the RF Engineer a brief synopsis of the ability to lease the site, what zoning regulations and processes would impact the site and what types of construction issues might occur. Once the RF Engineer has vetted the candidates he/she will rank the candidates and direct the SA Team ot focus on a specific primary site and move that forward. The search area criteria for this project was narrowly defined as a desire to cover the intersection of College Boulevard and El Camino Real and to also provide better in-building coverage throughout the commercial buildings in the area. The SA Team reviewed properties located at: 5791 Van Allen way 5781 Van Allen Way 2176 Salk Avenue 5545 Fermi Court 5541 Fermi Court Properties on the northeast side of El Camino Real were not investigated because of their proximity to the residential development and because commercially zoned properties were available in the search ring. P.O. BOX 55, POWAY, CA 92074 • PH. (760) 390-7727 • FAX (760) 454-1807 EMAIL: doug.munson@mmtefecominc.com The property located at 5791 Van Allen Way appeared at first to be satisfactory but after further review it was determined the ridge along Van Allen Way was too high and had the potential to interfere with an existing site to the southeast of the search ring. This fact also eliminated the potential site at 5781 Van Allen Way. The property at 2175 Salk Avenue had littleton o space within its property to locate an exterior cabinet and no interior space was available. As an aside the SA Team reviewed the raw land to the west of 2175 Salk A venue and the owners were not interested in leasing space at that property. 5545 Fermi Court was reviewed because there is an existing WCK on the property but the property located at 5541 Fermi Court caused blockage to El Camino Real which is one of the primary objectives for this search ring. The SA Team and RF Engineer settled on the 5541 Fermi Court as the best candidate within the serach ring to provide the best coverage along El Camino Real and College Blvd. as well as in- building coverage for the surrounding properties. P.O. BOX 55, POWAY, CA 92074 • PH. (760) 390-7727 • FAX (760) 454-1807 EMAIL: doug.munson@mmtelecominc.com LOOKING EAST FROM ROOF OF SUBJECT BUILDING 1 LOOKING NORTHEAST ACROSS ROOF OF SUBJECT BUILDING 2 LOOKING NORTHWEST ACROSS ROOF OF SUBJECT BUILDING 3 LOOKING NORTHWEST FROM ROOF OF SUBJECT BUILDING 4 LOOKING SOUTH FROM ROOF OF SUBJECT BUILDING 5 LOOKING SOUTHEAST FROM ROOF OF SUBJECT BUILDING 6 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: > ..-(..:)-( ) (To be completed by City) Application Number(s): -LN~C-.::JU.....l\?!..-.....:f'->;:::..~....:a_l __________________ _ General Information 1. Name of project: 7A'fL4111e /YJADe 2. Name of developer or project sponsor: VtetJ:t>A} t<JI~Et..G'!!>.S Address: P.e> • i!!Jfd 1'9?~ 7 City, State, Zip Code: __ AL!~:....l!<...:.~..!.!I'AJ=£:.....,--l?J~~L---#f/~~=&,~r-=3~------~ PhoneNumber: ---------------------------- 3. Name of person to be contacted concerning this project: ./2p U4 ~ASOI'.J 4. Address: ----'~<.......:.::.'{):;....;;..... -l,t3__,o=X~=5~6::;__ _____________ _ City, state, Zip Code: _ ___Lf?o~w~"J~-~J--JCt,........f/}..L,.._---"tf~Z=():....!~-.:..I~r...__ _______ _ Phone Number: __ _.ho::....~-!;....!0:!!::,_-__,..3!!:....L9-=0::.....----L..7..£.Z""'4&;;:...7=------------ Address of Project: __ _5;~"6...,_:....:"1f/.wf~....-.L..{(£e.~='m~l---"a£::D=Or=l!!~~-------- Assessor's Parcel Number: ---=.2=-.:..l.e2.!:!.------LI ..... 3~(J:....-----!!!5~D~--==0:..!6!!..-_________ _ 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: ,dult.(}/AJ6 tl n EC~;I~ 6112 J'/Oir 6. Existing General Plan Land Use Designation: L~t:J t/se t/e-.s 1.5 C!'-~ 7. Existing zoning district: ---------------------------- 8. Existing land use(s}: _ _..a=O..u:t!?.LJ~==-~:..:..~.:......_--',&;=-:::...../,--'~--'tJ-~-~--'~~--=--~-~J'9,..L.~.:....!..;::.:........:..../..:.....~---"~~ 9. Proposed use of site (Project for which this form is filed): 1/ AltYJAAJA!t!!!!:D IP t8EfE5:5 -$/..6t::!!tlJtYJtJIJI~II71D,J ,CA--&IL/ry Project Description 10. Site size: ..!J, dJ8 ~,...~ Proposed Building square footage: _ ____!M~,".;.V..L:4.!..,_ ______________ _ Number of floors of construction: --=£'.=~::.!'/~!!!::..17?~"/A~<!z'IL-!Ol.~-...LE/ebe-..c~:....;_:~....:ioS::...:::~...!::.,O=--__:_AI~,~~~:..:._ __ 11. 12: 13. Amount of off-street parking provided: -~Af~,~L~Ar::.._ _____________ _ Associated projects: _ ____;M:.....:;...::.I>~/JG::;::=-------------------14. P-1(0) Page 2 of4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: -----1~~Z~j4~----- 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: --------------------- 17. If industrial, indicate type, estimated employment per shift, and loading facilities: ------ I 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: .NjA= 19. If the project involves a variance, condition use or rezoning applications, state this and indicate clearly why the application is required: lt!e>. 0 II T7&AJ ~ (.) b£ P-1 (D) ~m1r ~~ I ~oe; A--r I ~'X)..$ Page 3 of4 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 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or 0 roads. 22. Change in pattern, scale or character of general area of project. 0 23. Significant amounts of solid 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. D 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.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: No w 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. P-1(0) Page4 of4 Revised 07/10 (~f~';,; "' r .... c f' ~ 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 municipaHty, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part 1/ERl z~~ tdt~S Title ___________ _ Address. _________ _ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ~7EIIe&A71&"1£Z./) Corp/Part C£Jel1?1 au~"t' If' Title '-517E .t/t.tt(M28L Title ___________ _ Address _________ _ Address lf()d 71/1/Ji/)O ,&, . S ~. 3t:)O .. ~~~*'~~~, t'7.! t:fozt>B I Page 1 of2 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 Profitrrrust Non Profitrrrust. _________ _ 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 ~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. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 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): ~e 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. 0 The development project and any alternatives proposed in this application .!!:! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: D~(.)&/ $CJ14J~II?() Address: ,Pp, 4;< 55 f?,~, C?,A '1U74= Phone Number: 7111-3~D-77..;:1.1 PROPERTY OWNER Name: ~ml 6CJIE'"1" ~/' Address: /!()() 7111/!J()ODt?/:J. :#-3U t/i.$-r'A, t:'/1 'f~f) 8/ Phone Number: (fl~-7()8-53D2.. Address of Site:_~.5.""'"5o;_'4~/_Gt=.L....:::..o~=m:...:;..:._l _,U~o;...;;.t.J...:;:2.=.L.-r ____________ _ Local Agency (City and county):_-~:;....;#tez...~~-=:...o8.~IAIJ:....=..,.,.-• __ a:;....-:.."""'I)N'-=-"7}'--1-+-'o£01<.L-_6.~M.J...;._-=O;;...._~---- Assessor's book, page, and parcel number: _ _,Z-=I_.:Z=--__,_,/3=-.;0::;.._-_..64""""'-6=----=Z>::...:6=---------- Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: _____________________________ _ Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 02/13 «~ ~ 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. Date: ' I To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 Verizon Wireless Site ID -Taylormade Site Name -Taylormade Site Compliance Report 5541 Fermi Court Carlsbad, CA 92008 Latitude: N33-8-31.92 Longitude: W117-16-57.36 Structure Type: Rooftop Report generated date: May 13, 2013 Report by: John Lee Customer Contact: Arlet Vargas Verizon Wireless Will Be Compliant based on FCC Rules and Regulations. © 2013 Sitesafe, Inc. Arlington, VA David Charles Cotton, Jr. Registered Professional Engineer (Electrical) State of California, 18838, Expires 2013-June-30 Date: 2013-May-13 Verizon Wireless Taylormade Radio Frequency (RF) Site Compliance Report 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • infO@sitesafe.com rf compl•once experts Table of Contents 1 EXECUTIVE SUMMARY ....................................................................................... 3 2 REGULATORY BASIS ........................................................................................... 4 2.1 FCC RULES AND REGULATIONS ............................................................................ 4 2.2 OSHA STATEMENT .............................................................................................. 5 3 SITE COMPLIANCE ............................................................................................. 6 3.1 SITE COMPLIANCE STATEMENT .............................................................................. 6 3.2 ACTIONS FOR SITE COMPLIANCE .......................................................................... 6 4 SAFETY PLAN AND PROCEDURES ...................................................................... 7 5 ANALYSIS ........................................................................................................... 8 5.1 RF EMISSIONS DIAGRAM ..................................................................................... 8 6 ANTENNA INVENTORY ..................................................................................... 10 7 ENGINEER CERTIFICATION .............................................................................. 12 APPENDIX A-STATEMENT OF LIMITING CONDITIONS ......................................... 13 APPENDIX B -ASSUMPTIONS AND DEFINITIONS .................................................. 14 GENERAL MODEL ASSUMPTIONS ................................................................................... 14 USE OF GENERIC ANTENNAS ......................................................................................... 14 DEFINITIONS .••.••••.•..••.......•.•••••••••••••••••..••.••.•••..••..•••.••••••••••••••••••••••••••••.••••••••..••••.•••••••• 15 APPENDIX C-RULES & REGULATIONS ................................................................... 17 EXPLANATION OF APPLICABLE RULES AND REGULATIONS .................................................. 17 OCCUPATIONAL ENVIRONMENT EXPLAINED .................................................................... 17 APPENDIX D-GENERAL SAFETY RECOMMENDATIONS ....................................... 18 ADDITIONAL INFORMATION ........................................................................................... 19 200 N. Glebe Road • SUite 1000 • Arlington, VA 22203-3728 703.276.1100 • info®sitesafe.com rf compl1once experts 1 Executive Summary Verizon Wireless has contracted with Sitesafe, Inc. (Sitesafe), an independent Radio Frequency (RF) regulatory and engineering consulting firm, to determine whether the proposed communications site, Taylormade, located at 5541 Fermi Court, Carlsbad, CA, is in compliance with Federal Communication Commission (FCC) Rules and Regulations for RF emissions. This report contains a detailed summary of the RF environment at the site including: • diagram of the site; • inventory of the make I model of all antennas • theoretical MPE based on modeling. This report addresses exposure to radio frequency electromagnetic fields in accordance with the FCC Rules and Regulations for all individuals, classified in two groups, "Occupational or Controlled" and "General Public or Uncontrolled." This site will be compliant with the FCC rules and regulations, as described in OET Bulletin 65. This document and the conclusions herein are based on the information provided by Verizon Wireless. If you have any questions regarding RF safety and regulatory compliance, please do not hesitate to contact Sitesafe's Customer Support Department at (703) 276- 1100. 200 N. Glebe Road • Suite 1000 • Artington, VA 22203-3728 703.276.1100 • info®sitesafe.com Page 3 sitescJfe rf compliance experts 2 Regulatory Basis 2.1 FCC Rules and Regulations In 1996, the Federal Communication Commission (FCC) adopted regulations for the evaluating of the effects of RF emissions in 47 CFR § 1.1307 and 1.1310. The guideline from the FCC Office of Engineering and Technology is Bulletin 65 ("OET Bulletin 65"), Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields, Edition 97-01, published August 1997. Since 1996 the FCC periodically reviews these rules and regulations as per their congressional mandate. FCC regulations define two separate tiers of exposure limits: Occupational or "Controlled environment" and General Public or "Uncontrolled environment". The General Public limits are generally five times more conservative or restrictive than the Occupational limit. These limits apply to accessible areas where workers or the general public may be exposed to Radio Frequency (RF) electromagnetic fields. Occupational or Controlled limits apply in situations in which persons are exposed as a consequence of their employment and where those persons exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. An area is considered a Controlled environment when access is limited to these aware personnel. Typical criteria are restricted access (i.e. locked or alarmed doors, barriers, etc.) to the areas where antennas are located coupled with proper RF warning signage. A site with Controlled environments is evaluated with Occupational limits. All other areas are considered Uncontrolled environments. If a site has no access controls or no RF warning signage it is evaluated with General Public limits. The theoretical modeling of the RF electromagnetic fields has been performed in accordance with OET Bulletin 65. The Maximum Permissible Exposure (MPE) limits utilized in this analysis are outlined in the following diagram: FCC Limits for Maximum Permissible Exposure (MPE) Pla.,.._ve Equivalent P..-Density 10oo I ---~--~--~-,=== F-o-ccu-pa ·!loli-ai I L-=-=~~eneral Public }100 \,\ ---·------------ ; 10---~-'\\ ~ ~ ------~-/ ~ \ / i ~---"' a.. 0.1 ----· ~-------------·-·------------- 0.01 +------,---,-------,--------,---·------, 0 10 100 1,000 10,000 Frequency {MHz) 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • inf~tesafe.com Page4 rf compliance experts Limits for Occupational/Controlled Exposure (MPE) Frequency Electric Magnetic Power Averaging Time IEI2, Range Field Field Density IHI2 or S (minutes) (MHz) Strength (E) Strength (S) {V/m) (H){Nm) {mW/cm2) 0.3-3.0 614 1.63 (100)* 6 3.0-30 1842/f 4.89/f (900/f)* 6 30-300 61.4 0.163 1.0 6 300-1500 f/300 6 1500-5 6 100,000 Limits for General Population/Uncontrolled Exposure (MPE) Frequency Electric Magnetic Power Averaging Time IEI2, Range Field Field Density IHI2 or S (minutes) (MHz) Strength (E) Strength (S) 0.3-1.34 1.34-30 30-300 300-1500 1500- 100,000 {V/m) {H) {Nm) {mW/cm2) 614 1.63 (100)* 824/f 2.19/f ( 180/F)* 27.5 0.073 0.2 f/1500 1.0 30 30 30 30 30 f = frequency in MHz *Plane-wave equivalent power density 2.2 OSHA Statement The General Duty clause of the OSHA Act (Section 5) outlines the occupational safety and health responsibilities of the employer and employee. The General Duty clause in Section 5 states: (a) Each employer- ( 1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this Act. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct. OSHA has defined Radiofrequency and Microwave Radiation safety standards for workers who may enter hazardous RF areas. Regulation Standards 29 CFR § 191 0.147 identify a generic Lock Out Tag Out procedure aimed to control the unexpected energization or start up of machines when maintenance or service is being performed. 200 N. Glebe Road • SUite 1000 • Arlington, VA 22203-3728 703.276.1100 • infofllsitesafe.com PageS ·~ r SllescJrE~ rf compliance experts 3 Site Compliance 3.1 Site Compliance Statement Upon evaluation of the cumulative RF emission levels from all operators at this site. Sitesafe has determined that: This site will be compliant with the FCC rules and regulations. as described in OET Bulletin 65. The compliance determination is based on theoretical modeling. RF signage placement recommendations. proposed antenna inventory and the level of restricted access to the antennas at the site. Any deviation from the Verizon Wireless's proposed deployment plan could result in the site being rendered non- compliant. 3.2 Actions for Site Compliance Based on common industry practice and our understanding of FCC and OSHA requirements. this section provides a statement of recommendations for site compliance. RF alert signage recommendations have been proposed based on theoretical analysis of MPE levels. Barriers can consist of locked doors. fencing. railing. rope. chain. paint striping or tape. combined with RF alert signage. This site will be compliant with the FCC rules and regulations. Sitesafe found one or more issues that led to our determination. The site will be made compliant if the following changes are implemented: Site Access Location Put a lock on the site access hatch. Yellow caution sign required. 1 0 Step Guideline sign required. NOC information sign required. Verizon Wireless Proposed Alpha Sector Location Yellow caution sign required. 10 Step Guideline sign required. Verizon Wireless Proposed Beta Sector Location Yellow caution sign required. 10 Step Guideline sign required. Rope or chain barrier or fencing or painted or tape stripes required Verizon Wireless Proposed Gamma Sector Location Yellow caution sign required. 10 Step Guideline sign required. 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • infO@Sitesafe.com PageS rf compltonce experts 4 Safety Plan and Procedures The following items are general safety recommendations that should be administered on a site by site basis as needed by the carrier. General Maintenance Work: Any maintenance personnel required to work immediately in front of antennas and I or in areas indicated as above 1 00% of the Occupational MPE limits should coordinate with the wireless operators to disable transmitters during their work activities. Training and Qualification Verification: All personnel accessing areas indicated as exceeding the General Population MPE limits should have a basic understanding of EME awareness and RF Safety procedures when working around transmitting antennas. Awareness training increases a workers understanding to potential RF exposure scenarios. Awareness can be achieved in a number of ways (e.g. videos, formal classroom lecture or internet based courses). Physical Access Control: Access restrictions to transmitting antennas locations is the primary element in a site safety plan. Examples of access restrictions are as follows: • Locked door or gate • Alarmed door • Locked ladder access • Restrictive Barrier at antenna (e.g. Chain link with posted RF Sign) RF Signage: Everyone should obey all posted signs at all times. RF signs play an important role in properly warning a worker prior to entering into a potential RF Exposure area. Assume all antennas are active: Due to the nature of telecommunications transmissions, an antenna transmits intermittently. Always assume an antenna is transmitting. Never stop in front of an antenna. If you have to pass by an antenna, move through as quickly and safely as possible thereby reducing any exposure to a minimum. Maintain a 3 foot clearance from all antennas: There is a direct correlation between the strength of an EME field and the distance from the transmitting antenna. The further away from an antenna, the lower the corresponding EME field is. Site RF Emissions Diagram: Section 5 of this report contains an RF Diagram that outlines various theoretical Maximum Permissible Exposure (MPE) areas at the site. The modeling is a worst case scenario assuming a duty cycle of 1 00% for each transmitting antenna at full power. This analysis is based on one of two access control criteria: General Public criteria means the access to the site is uncontrolled and anyone can gain access. Occupational criteria means the access is restricted and only properly trained individuals can gain access to the antenna locations. 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • info@Sitesafe.com Page 7 site safe rf compliance experts 5 Analysis 5.1 RF Emissions Diagram The RF diagram(s) below display theoretical spatially averaged percentage of the Maximum Permissible Exposure for all systems at the site unless otherwise noted. These diagrams use modeling as proscribed in OET Bulletin 65 and assumptions detailed in Appendix B. The key at the bottom of each diagram indicates if percentages displayed are referenced to FCC General Population Maximum Permissible Exposure (MPE) limits. Color coding on the diagram is as follows: • Gray represents areas predicted to be at 5% of the MPE limits, or below. • Green represents areas predicted to be between 5% and 1 00% of the MPE limits. • Blue represents areas predicted to be between 1 00% and 500% of the MPE limits. • Yellow represents areas predicted to be between 500% and 5000% of the MPE limits. • Red areas indicated predicted levels greater than 5000% of the MPE limits. General Population diagrams are specified when an area is accessible to the public; i.e. personnel that do not meet Occupational or RF Safety trained criteria, could gain access. If trained occupational personnel require access to areas that are delineated as Blue or above 100% of the limit, Sitesafe recommends that they utilize the proper personal protection equipment (RF monitors), coordinate with the carriers to reduce or shutdown power, or make real-time power density measurements with the appropriate power density meter to determine real-time MPE levels. This will allow the personnel to ensure that their work area is within exposure limits. The key at the bottom also indicates the level or height of the modeling with respect to the main level. The origin is typically referenced to the main rooftop level, or ground level for a structure without access to the antenna level. For example: Average from 0 feet above to 6 feet above origin and Average from 20 feet above to 26 feet above origin The first indicates modeling at the main rooftop (or ground) level averaged over 6 feet. The second indicates modeling at a higher level (possibly a penthouse level) of 20 feet averaged over 6 feet. 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • infoOsitesafe.com PageS Sl.hec:clfi=::J l' . ..,.,) ....,__ .. ,. \ ... ....,. rf compliance experts Additional Information in the RF Emissions Diagrams Key The RF Emission Diagram provides indications of RF signage, barriers and locked doors. The table below lists the abbreviations used to indicate locked doors, signs and barriers: 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • infO@Sitesafe.com Page9 Location www.sitesafe.com Sitesafe ID# 103881 Site Name: Taylormade RF Emissions Diagram for: Taylormade Main Level MAIN LEVEL % of FCC Public Exposure Limit Average from 0 feet above to 6 feet above origin • 5000 <=X D 500 <=X < 5000 • 100 <=X <500 • 5 <=X < 100 X <=5 Feet ~ 20 0 20 40 Grid Size is 10.0 DOOR :\"\ sitec:de www.sitesafe.com Sitesafe ID# I 03881 Site Name: Taylormade .._... __ ..,_....._~._..nat......,~SIItllllil~ r..o-o~W.b ........ ......._f103)271-1t00. S......TCv..ll:wl~ <611312013 RF Emissions Diagram for: Taylormade Main Level -Detailed View Verizon Sector %of FCC Public Exposure Limit Average from 0 feet above to 6 feet above origin • 5000 <=X D 500 <=X <5000 • IOO <=X <500 • 5 <=X < 100 X <=5 Feet ~ 5 0 5 10 Grid Size is 10.0 RF Emissions Diagram for: Taylormade Main Level -Detailed View Verizon Beta and Gamma Sector sile-)0€ www.sitesafe.com Sitesafe ID# 103881 Site Name: Taylormade ...... loc._,._...... ............ lllt..t~M! ....... ~ C:..O .... toa,b ........ ......_(m!V..ItoO. -...rc......,~ "ft:IIQOI) %of FCC Public Exposure Limit Average from 0 feet above to 6 feet above origin • 5000 <=X 500 <= X < 5000 • 100 <=X <500 • 5 <=X < 100 X <=5 Feet ~ 5 0 5 10 Grid Size is 10.0 .b (' Sl e~r'irE· :~ ..__.,. (_.-1 I ·-""'· rf compliance experts 6 Antenna Inventory The Antenna Inventory shows all transmitting antennas at the site. This inventory was provided by the customer, and was utilized by Sitesafe to perform theoretical modeling of RF emissions. The inventory coincides with the site diagrams in this report, identifying each antenna's location at Taylormade. The antenna information collected includes the following information: • Licensee or wireless operator name • Frequency or frequency band • Transmitter power-Effective Radiated Power ("ERP"), or Equivalent Isotropic Radiated Power ("EIRP") in Watts • Antenna manufacturer make, model, and gain For other carriers at this site, the use of "Generic" as an antenna model, or "Unknown" for an operator means the information with regard to carrier, their FCC license and/or antenna information was not available nor could it be secured while on site. Equipment. antenna models and nominal transmit power were used for modeling, based on past experience with radio service providers. 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • inf04Psitesafe.com Page 10 Ant # 1 2 3 4 5 6 7 8 9 10 11 12 rf compliance experts The following antenna inventory, on this and the following page, were provided by the customer and were utilized to create the site model diagrams: Table 3: Antenna Inventory Operated By TXFreq ERP Antenna Az Antenna Model Ant Len Horizontal Location (MHz) (Watts) Gain (dBd) (Deg) Type (ft) Half Power X y Beamwidth (Deg) Verizon Wireless {Proposed) 751 838 11.20 90 ANDREW SBNH-1 D6565A Panel 4 71 273' 114' Verizon Wireless {Proposed) 2100 2339 15.66 90 Ericsson AIR Panel 4 65 273' 110' Verizon Wireless {Proposed) 1900 2567 14.76 90 ANDREW SBNH-1 D6565A Panel 4 58 273' 106' Verizon Wireless {Proposed) 850 1731 11.80 90 ANDREW SBNH-1 D6565A Panel 4 66 273' 103' Verizon Wireless (Proposed) 751 838 11.20 210 ANDREW SBNH-1 D6565A Panel 4 71 21' 91' Verizon Wireless (Proposed) 2100 2339 15.66 210 Ericsson AIR Panel 4 65 17' 91' Verizon Wireless {Proposed) 1900 2567 14.76 210 ANDREW SBNH-1 D6565A Panel 4 58 14' 91' Verizon Wireless {Proposed) 850 1731 11.80 210 ANDREW SBNH-1 D6565A Panel 4 66 10' 91' Verizon Wireless (Proposed) 751 838 11.20 330 ANDREW SBNH-1 D6565A Panel 4 71 11' 102' Verizon Wireless {Proposed) 2100 2339 15.66 330 Ericsson AIR Panel 4 65 11' 105' Verizon Wireless (Proposed) 1900 2567 14.76 330 ANDREW SBNH-1 D6565A Panel 4 58 11' 109' Verizon Wireless {Proposed) 850 1731 11.80 330 ANDREW SBNH-1 D6565A Panel 4 66 11' 113' NOTE: X, Y and Z indicate relative position of the antenna to the origin location on the site, displayed in the model results diagram. Specifically, the Z reference indicates antenna height above the main site level unless otherwise indicated. ERP values provided by the client and used in the modeling may be greater than are currently deployed. For other carriers at this site the use of "Generic" as an antenna model or "Unknown" for a wireless operator means the information with regard to carrier, their FCC license and/or antenna information was not available nor could it be secured while on site. Equipment, antenna models and nominal transmit power were used for modeling, based on past experience with radio service providers. 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • info®sitesafe.com Page 11 z 6' 6' 6' 6' 6' 6' 6' 6' 6' 6' 6' 6' sitesofe rf compliance experts 7 Engineer Certification The professional engineer whose seal appears on the cover of this document hereby certifies and affirms that: I am registered as a Professional Engineer in the jurisdiction indicated in the professional engineering stamp on the cover of this document; and That I am an employee of Sitesafe, Inc., in Arlington, Virginia, at which place the staff and I provide RF compliance services to clients in the wireless communications industry; and That I am thoroughly familiar with the Rules and Regulations of the Federal Communications Commission (FCC) as well as the regulations of the Occupational Safety and Health Administration (OSHA), both in general and specifically as they apply to the FCC Guidelines for Human Exposure to Radio-frequency Radiation; and That I have thoroughly reviewed this Site Compliance Report and believe it to be true and accurate to the best of my knowledge as assembled by and attested to by John Lee. May 13,2013 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • infO@sitesafe.com Page 12 Appendix A -Statement of Limiting Conditions Sitesafe will not be responsible for matters of a legal nature that affect the site or property. Due to the complexity of some wireless sites, Sitesafe performed this analysis and created this report utilizing best industry practices and due diligence. Sitesafe cannot be held accountable or responsible for anomalies or discrepancies due to actual site conditions (i.e., mislabeling of antennas or equipment, inaccessible cable runs, inaccessible antennas or equipment, etc.) or information or data supplied by Verizon Wireless, the site manager, or their affiliates, subcontractors or assigns. Sitesafe has provided computer generated model(s) in this Site Compliance Report to show approximate dimensions of the site, and the model is included to assist the reader of the compliance report to visualize the site area, and to provide supporting documentation for Sitesafe's recommendations. Sitesafe may note in the Site Compliance Report any adverse physical conditions, such as needed repairs, observed during the survey of the subject property or that Sitesafe became aware of during the normal research involved in performing this survey. Sitesafe will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because Sitesafe is not an expert in the field of mechanical engineering or building maintenance, the Site Compliance Report must not be considered a structural or physical engineering report. Sitesafe obtained information used in this Site Compliance Report from sources that Sitesafe considers reliable and believes them to be true and correct. Sitesafe does not assume any responsibility for the accuracy of such items that were furnished by other parties. When conflicts in information occur between data provided by a second party and physical data collected by Sitesafe, the physical data will be used. 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • infO@Isitesafe.com Page 13 r{ compliance experts Appendix B -Assumptions and Definitions General Model Assumptions In this site compliance report, it is assumed that all antennas are operating at full power at all times. Software modeling was performed for all transmitting antennas located on the site. Sitesafe has further assumed a l 00% duty cycle and maximum radiated power. The site has been modeled with these assumptions to show the maximum RF energy density. Sitesafe believes this to be a worst-case analysis, based on best available data. Areas modeled to predict emissions greater than l 00% of the applicable MPE level may not actually occur, but are shown as a worst-case prediction that could be realized real time. Sitesafe believes these areas to be safe for entry by occupationally trained personnel utilizing appropriate personal protective equipment (in most cases, a personal monitor). Thus, at any time, if power density measurements were made, we believe the real- time measurements would indicate levels below those depicted in the RF emission diagram(s) in this report. By modeling in this way, Sitesafe has conservatively shown exclusion areas -areas that should not be entered without the use of a personal monitor, carriers reducing power, or performing real-time measurements to indicate real-time exposure levels. Use of Generic Antennas For the purposes of this report, the use of "Generic" as an antenna model, or "Unknown" for an operator means the information about a carrier, their FCC license and/or antenna information was not provided and could not be obtained while on site. In the event of unknown information, Sitesafe will use our industry specific knowledge of equipment, antenna models, and transmit power to model the site. If more specific information can be obtained for the unknown measurement criteria, Sitesafe recommends remodeling of the site utilizing the more complete and accurate data. Information about similar facilities is used when the service is identified and associated with a particular antenna. If no information is available regarding the transmitting service associated with an unidentified antenna, using the antenna manufacturer's published data regarding the antenna's physical characteristics makes more conservative assumptions. Where the frequency is unknown, Sitesafe uses the closest frequency in the antenna's range that corresponds to the highest Maximum Permissible Exposure (MPE), resulting in a conservative analysis. 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • info®sitesafe.com Page 14 sites of€: compliance eKperts Definitions 5% Rule-The rules adopted by the FCC specify that, in general, at multiple transmitter sites actions necessary to bring the area into compliance with the guidelines are the shared responsibility of all licensees whose transmitters produce field strengths or power density levels at the area in question in excess of 5% of the exposure limits. In other words, any wireless operator that contributes 5% or greater of the MPE limit in an area that is identified to be greater than l 00% of the MPE limit is responsible taking corrective actions to bring the site into compliance. Compliance-The determination of whether a site is safe or not with regards to Human Exposure to Radio Frequency Radiation from transmitting antennas. Decibel (dB)-A unit for measuring power or strength of a signal. Duty Cycle-The percent of pulse duration to the pulse period of a periodic pulse train. Also, may be a measure of the temporal transmission characteristic of an intermittently transmitting RF source such as a paging antenna by dividing average transmission duration by the average period for transmission. A duty cycle of l 00% corresponds to continuous operation. Effective (or Equivalent) Isotropic Radiated Power (EIRP)-The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna. Effective Radiated Power (ERP)-In a given direction, the relative gain of a transmitting antenna with respect to the maximum directivity of a half wave dipole multiplied by the net power accepted by the antenna from the connecting transmitter. Gain (of an antenna)-The ratio of the maximum intensity in a given direction to the maximum radiation in the same direction from an isotropic radiator. Gain is a measure of the relative efficiency of a directional antennas as compared to an omni directional antenna. General Population/Uncontrolled Environment-Defined by the FCC, as an area where RFR exposure may occur to persons who are unaware of the potential for exposure and who have no control of their exposure. General Population is also referenced as General Public. Generic Antenna-For the purposes of this report, the use of "Generic" as an antenna model means the antenna information was not provided and could not be obtained while on site. In the event of unknown information, Sitesafe will use our industry specific knowledge of antenna models to select a worst case scenario antenna to model the site. Isotropic Antenna-An antenna that is completely non-directional. In other words, an antenna that radiates energy equally in all directions. 200 N. Glebe Road • SUite 1000 • Arlington, VA 22203-3728 703.276.1100 • inf04l>sitesafe.com Page 15 ---------------------------------------, S·l~ec: r···if1:::l l• .. ".) ,.,,.,.' . '•.,." ' rf cornpl1ance e~perts Maximum Measurement-This measurement represents the single largest measurement recorded when performing a spatial average measurement. Maximum Permissible Exposure (MPE)-The rms and peak electric and magnetic field strength, their squares, or the plane-wave equivalent power densities associated with these fields to which a person may be exposed without harmful effect and with acceptable safety factor. Occupational/Controlled Environment-Defined by the FCC, as an area where Radio Frequency Radiation (RFR) exposure may occur to persons who are aware of the potential for exposure as a condition of employment or specific activity and can exercise control over their exposure. OET Bulletin 65-Technical guideline developed by the FCC's Office of Engineering and Technology to determine the impact of Radio Frequency radiation on Humans. The guideline was published in August 1997. OSHA (Occupational Safety and Health Administration) -Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthy workplace for their employees. OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov. Radio Frequency Radiation-Electromagnetic waves that are propagated from antennas through space. Spatial Average Measurement-A technique used to average a minimum of ten (10) measurements taken in a ten (10) second interval from zero (0) to six (6) feet. This measurement is intended to model the average energy an average sized human body will absorb while present in an electromagnetic field of energy. Transmitter Power Output (TPO)-The radio frequency output power of a transmitter's final radio frequency stage as measured at the output terminal while connected to a load. 200 N. Glebe Road • SUite 1000 • Arlington, VA 22203-3728 703.276.1100 • infO@Sitesafe.com Page 16 rf compliance experts Appendix C -Rules & Regulations Explanation of Applicable Rules and Regulations The FCC has set forth guidelines in OET Bulletin 65 for human exposure to radio frequency electromagnetic fields. Specific regulations regarding this topic are listed in Part 1, Subpart I, of Title 47 in the Code of Federal Regulations. Currently, there are two different levels of MPE -General Public MPE and Occupational MPE. An individual classified as Occupational can be defined as an individual who has received appropriate RF training and meets the conditions outlined below. General Public is defined as anyone who does not meet the conditions of being Occupational. FCC and OSHA Rules and Regulations define compliance in terms of total exposure to total RF energy, regardless of location of or proximity to the sources of energy. It is the responsibility of all licensees to ensure these guidelines are maintained at all times. It is the ongoing responsibility of all licensees composing the site to maintain ongoing compliance with FCC rules and regulations. Individual licensees that contribute less than 5% MPE to any total area out of compliance are not responsible for corrective actions. OSHA has adopted and enforces the FCC's exposure guidelines. A building owner or site manager can use this report as part of an overall RF Health and Safety Policy. It is important for building owners/site managers to identify areas in excess of the General Population MPE and ensure that only persons qualified as Occupational are granted access to those areas. Occupational Environment Explained The FCC definition of Occupational exposure limits apply to persons who: • are exposed to RF energy as a consequence of their employment; • have been made aware of the possibility of exposure; and • can exercise control over their exposure. OSHA guidelines go further to state that persons must complete RF Safety Awareness training and must be trained in the use of appropriate personal protective equipment. In order to consider this site an Occupational Environment, the site must be controlled to prevent access by any individuals classified as the General Public. Compliance is also maintained when any non-occupational individuals (the General Public) are prevented from accessing areas indicated as Red or Yellow in the attached RF Emissions diagram. In addition, a person must be aware of the RF environment into which they are entering. This can be accomplished by an RF Safety Awareness class, and by appropriate written documentation such as this Site Compliance Report. All Verizon Wireless employees who require access to this site must complete RF Safety Awareness training and must be trained in the use of appropriate personal protective equipment. 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • info@Sitesafe.com Page 17 rf comp l iance expe Is Appendix D -General Safety Recommendations The following are general recommendations appropriate for any site with accessible areas in excess of 100% General Public MPE. These recommendations are not specific to this site. These are safety recommendations appropriate for typical site management, building management, and other tenant operations. 1. All individuals needing access to the main site (or the area indicated to be in excess of General Public MPE) should wear a personal RF Exposure monitor, successfully complete proper RF Safety Awareness training, and have and be trained in the use of appropriate personal protective equipment. 2. All individuals needing access to the main site should be instructed to read and obey all posted placards and signs. 3. The site should be routinely inspected and this or similar report updated with the addition of any antennas or upon any changes to the RF environment including: • adding new antennas that may have been located on the site • removing of any existing antennas • changes in the radiating power or number of RF emitters 4. Post the appropriate NOTICE, CAUTION, or WARNING sign at the main site access point(s) and other locations as required. Note: Please refer to RF Exposure Diagrams in Appendix B, to inform everyone who has access to this site that beyond posted signs there may be levels in excess of the limits prescribed by the FCC. The signs below are examples of signs meeting FCC guidelines. NOTICE A cAUTION ~ ···-~•..._c._ ....... :.-.-....... ........ -· 5. Ensure that the site door remains locked (or appropriately controlled) to deny access to the general public if deemed as policy by the building/site owner. 6. For a General Public environment the four color levels identified in this analysis can be interpreted in the following manner: • Gray represents area at below 5% of the General Public MPE limits or below. This level is safe for a worker to be in at any time. • Green represents areas predicted to be between 5% and 1 00% of the General Public MPE limits. This level is safe for a worker to be in at any time. 200 N. Glebe Road • SUite 1000 • Arlington, VA 22203-3728 703.276.1100 • info®sitesafe.com Page 18 • rf comPliance experls • Blue represents areas predicted to be between 1 00% and 500% of the General Public MPE limits. This level is safe for a worker to be in at any time. • Yellow represents areas predicted to be between 500% and 5000% of the General Public MPE limits. This level is safe for a worker to be in. • Red areas indicated predicted levels greater than 5000% of the General Public MPE limits. This level is not safe for the General Public to be in. 7. For an Occupational environment the four color levels identified in this analysis can be interpreted in the following manner: • Areas indicated as Gray are at 5% of the Occupational MPE limits or below. This level is safe for a worker to be in at any time. • Green represents areas predicted to be between 5% and 20% of the Occupational MPE limits. This level is safe for a worker to be in at any time. • Yellow represents areas predicted to be between 20% and 100% of the Occupational MPE limits. Only individuals that have been properly trained in RF Health and Safety should be allowed to work in this area. This is not an area that is suitable for the General Public to be in. • Red areas indicated predicted levels greater than 100% of the Occupational MPE limits. This level is not safe for the Occupational worker to be in for prolonged periods of time. Special procedures must be adhered to such as lock out tag out procedures to minimize the workers exposure to EME. 8. Use of a Personal Protective Monitor: When working around antennas, Sitesafe strong recommends the use of a Personal Protective Monitor (PPM). Wearing a PPM will properly forewarn the individual prior to entering an RF exposure area. Keep a copy of this report available for all persons who must access the site. They should read this report and be aware of the potential hazards with regards to RF and MPE limits. Additional Information Additional RF information is available by visiting both www.Sitesafe.com and www.fcc.gov/oet/rfsafety. OSHA has additional information available at: http:/ /www.osha-slc .gov /SLTC/radiofrequencyradiation. 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • infO@Sitesafe.com Page 19 .. • • • • • • ~ veri onwireless SITE PRIOR TO INSTALLATION VICINITY MAP • LOOKING SOUTH TOWARD GENERATOR ENCLOSURE TAYLOR MADE 5541 FERMI COURT CARLSBAD, CA 92008 GENERATOR ENCLOSURE SITE AFTER INSTALLATION M &M TELECOM, INC 760-390-7727 ~ veri onwireless SITE PRIOR TO INSTALLATION VICINITY MAP LOOKING NORTHEAST TOWARD SUBJECT BUILDING ,----PROPOSED ANTENNAS .... v~n• BEHIND NEW SCREENING SITE AFTER INSTALLATION TAYLOR MADE 5541 FERMI COURT CARLSBAD, CA 92008 M &M TELECOM, INC 760-390-7727 • ~ veri onwireless SITE PRIOR TO INSTALLATION VICINITY MAP LOOKING NORTHEAST TOWARD SUBJECT BUILDING TAYLOR MADE 5541 FERMI COURT CARLSBAD, CA 92008 r---PROPOSED ANTENNAS LOCATED SITE AFTER INSTALLATION BEffiND NEW SCREENING M &M IBLECOM, INC 760-390-7727 • Fidelity National Title Company PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA 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 Attachment One. Copies of the policy forms should be read They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California Corporation. Please read the exceptions shown or refe"ed to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Countersigned by: Cl__ Authorized Signature Authorized Signature CLTA Preliminary Report Form-Modified (ll/17 /06) Page 1 ----------------------------------------------l • Fidelity National Title Company 1300 Dove Street, Suite 310, Newport Beach, CA 92660 Phone: (949) 622-5000• Fax: (949) 477-6813 PRELIMINARY REPORT Title Officer: Patti Porter (MA) TO: M & M Telecom Inc 6886 Mimosa Drive Carlsbad, CA 92011 ATTN: .Nicole Meyers YOUR REFERENCE: Taylor MadeNerizon PROPERTY ADDRESS: 5541 Fermi Circle, Carlsbad, CA EFFECTIVE DATE: February 27, 2013 at 7:30 a.m. The form of policy or policies of title insurance contemplated by this report is: CLTA Std. Owner's • Order No.: 997-23022260-PP2 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: FERMI COURT, LP, a California limited partnership 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. mp/ng 03/22/13 CL T A Preliminary Report Form -Modified ( ll/17 /06) Page2 PRELIMINARY REPORT Your Reference: Taylor MadeNerizon LEGAL DESCRIPTION EXIDBIT "A" Fidelity National Title Company Order No.: 997-23022260-PP2 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 2 OF PARCEL MAP NO. 17830, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 21, 1997 AS FILE NO. 1997-0129122 OF OFFICIAL RECORDS. EXCEPT THAT PORTION OF SAID PARCEL 2 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2, SAID CORNER BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL (126.00 FEET WIDE); THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 AND SAID RIGHT-OF-WAY LINE, NORTH 74° 25' 24" WEST 7.84 FEET; THENCE LEAVING SAID NORTHERLY LINE AND SAID RIGHT-OF-WAY LINE, SOUTH 18° 56' 11" WEST 145.16 FEET; THENCE SOUTH 71° 03' 49" EAST 8.50 FEET; THENCE SOUTH 18° 56' 11" WEST 18.12 FEET; THENCE NORTH 71° 03' 49" WEST 8.50 FEET; THENCE SOUTH 18° 56' 11" WEST 64.50 FEET; THENCE SOUTH 71° 03' 49" EAST 85.97 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE NORTH 00° 02' 12" EAST 241.25 FEET TO THE POINT OF BEGINNING. SAID LEGAL DESCRIPTION IS MADE PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED MAY 11, 1999 AS FILE NO. 1999-0321010, OFFICIAL RECORDS OF SAID COUNTY. APN: 212-130-50 CL TA Preliminary Report Form-Modified ( 11117 /06) Page 3 PRELIMINARY REPORT Your Reference: Taylor MadeN erizon • Fidelity National Title Company Order No.: 997-23022260-PP2 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2013-2014. 2. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 3. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows: CFDNo: For: Disclosed by: Recording Date: Recording No.: Community Facilities Filed Map December 19, 1990 90-0674118, Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Carlsbad, County of San Diego. The tax may not be prepaid. Further information may be obtained by contacting: A notice of Special Tax Lien was recorded May 20, 1991, as File No. 91-0236959 of Official Records. 4. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation Code of the State of California. 5. Water rights, claims or title to water, whether or not disclosed by the public records. 6. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: A Hold Harmless Agreement August 22, 1986 Carlsbad Research Center and The City of Carlsbad November 3, 1986 86-501526, Official Records Reference is hereby made to said document for full particulars. 7. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: June 29, 1988 Recording No: 88-313420, Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. CL TA Preliminary Report Form-Modified ( 11117 /06) Page4 ITEMS (Continued) Your Reference: Taylor MadeNerizon • Fidelity National Title Company Order No.: 997-23022260-PP2 The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by an instrument Recording Date: August 8, 1988 Recording No: 88-387706, Official Records The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by an instrument Recording Date: Recording No: December 8, 1992 92-0786590, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: June 1, 1995 Recording No: 95-0230848, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: Recording No: September 18, 2001 2001-0671492, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: Recording No: February 8, 2012 2012-0073464, Official Records 8. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: A Hold Harmless Agreement December 21, 1990 Upland Industries Corporation and the City of Carlsbad May 6, 1991 91-0208521, Official Records Reference is hereby made to said document for full particulars. 9. An Agreement between owner, developer and the City of Carlsbad for the Payment of a public facilities fee for inside the boundaries of Community Facilities District No. 1, recorded December 23, 1996 as File No. 1996- 0641413 of Official Records. 10. 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 said map/plat. Affects: College Boulevard Said Land, however, abuts on a public thoroughfare, other than the one referred to above, over which the rights of vehicular access have not been relinquished. 11. 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 said map/plat. Affects: El Camino Real Said Land, however, abuts on a public thoroughfare, other than the one referred to above, over which the rights of vehicular access have not been relinquished. CLTA Preliminary Report Form-Modified (ll/17/06) Page 5 ITEMS (Continued) Your Reference: Taylor MadeN erizon Fidelity National Title Company Order No.: 997-23022260-PP2 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Purpose: Affects: Parcel Map No. 17830 Storm drain Parcel2 13. Restrictions set out in Notes 1 and 3 on the Non-Mapping date sheet 5 to the parcel map referred to in the legal description. 14. 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: Hamann Consolidated, Inc., a California corporation Storm drain April25, 1997 97-0191489, Official Records Parcel2 15. The provisions contained within a notice concerning aircraft environmental impacts case no. PM 96-09 recorded May 16, 1997 as File No. 1997-0228867 of Official Records. 16. A Covenant and Agreement Executed by: Union Pacific Railroad Company, a Utah Corporation and Carlsbad Associates #1 L.P., which will do business in California as MG/ZB Carlsbad Associates #1, L.P., a Colorado Limited Partnership Recording Date: March 31, 1998 Recording No: 98-0177180, Official Records Which among other things provide: As therein provided Reference is hereby made to said document for full particulars. 17. A Covenant and Agreement Executed by: Carlsbad Associates #1 L.P., which will do business in California as MG/ZB Carlsbad Associates #1, L.P., a Colorado Limited Partnership In favor of: City of Carlsbad Recording Date: November 17, 1998 Recording No: 98-0745398, Official Records Which among other things provides: As therein provided Reference is hereby made to said document for full particulars. 18. A Covenant and Agreement Executed by: Carlsbad Associates #1 L.P., which will do business in California as MG/ZB Carlsbad Associates #1, L.P., a Colorado Limited Partnership In favor of: City of Carlsbad Recording Date: November 17, 1998 Recording No: 98-0745399, Official Records Which among other things provides: As therein provided Reference is hereby made to said document for full particulars. CL TA Preliminary Report Form -Modified ( 11/17 /06) Page 6 ,------------------------------------------------------------ ITEMS (Continued) Your Reference: Taylor MadeNerizon Fidelity National Title Company Order No.: 997-23022260-PP2 19. 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, a public agency Construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground May 24, 1999 99-0353557, Official Records A portion of said land as more particularly described in said document. 20. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Memorandum of Agreement Dei, LLC Sprint PCS Assets, L.L.C., a Delaware limited liability company January 20, 2006 2006-0044258, 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. Affects: The herein described Land and other land. 21. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording No: Encroachment Agreement City of Carlsbad and Fermi Court, LP, a California limited partnership March 18,2011 2011-0146538, Official Records Reference is hereby made to said document for full particulars. 22. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Recording Date: Recording No: Affects: $65,000,000.00 October 6, 20 11 Fermi Court, LP, a California limited partnership UnionBanCal Mortgage Corporation, a California corporation Union Bank, N.A. October 13, 2011 2011-0537171, Official Records The herein described Land and other land. 23. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Subordination, Nondisturbance and Attornment Agreement Fermi Court, LP, a California limited partnership Taylormade Golf Company, Inc., a Delaware corporation January 5, 2012 2012-0006141, Official Records CL T A Preliminary Report Form -Modified ( 11117 /06) Page 7 ITEMS (Continued) Your Reference: Taylor MadeNerizon Fidelity National Title Company Order No.: 997-23022260-PP2 The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. An agreement recorded January 5, 2012 at 2012-0006141, Official Records which states that said lease has been made subordinate to the document Entitled: Recording Date: Recording No: Affects: Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing October 13, 2011 2011-0537171, Official Records The herein described Land and other land. 24. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 25. Matters which may be disclosed by an inspection and/or by a correct ALTNACSM Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 26. Before issuing its policy of title insurance, the Company will require the following for the below-named limited partnership: Name: Fermi Court, LP, a California limited partnership Certificate of Limited Partnership filed with the Secretary of State, in compliance with the provisions of the California Revised Limited Partnership Act, Section 15611 et. seq., Corporations Code. Certified Copy of the Certificate of Limited Partnership certified by the Secretary of State filed with the County Recorder. The Company reserves the right to add additional items or make further requirements after review of the requested documentation 27. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. END OF ITEMS CL T A Preliminary Report Farm -Modified (ll/17 /06) Page 8 PRELIMINARY REPORT Your Reference: Taylor MadeNerizon TO: BANK: ROUTING NO: ACCOUNT NO: NOTES WIRING INSTRUCTIONS FNT -Major Accounts -Title Department 1300 Dove Street, Suite 310 Newport Beach, CA 92660 WeDs Fargo Bank 420 Montgomery San Francisco, CA 94104 121000248 4123824971 PLEASE REFER TO OUR ORDER NO.: 997-23022260-PPl ESCROW OFFICER: Major Accounts OAC TITLE ORDER NO.: 23022260-PP Fidelity National Title Company Order No.: 997-23022260-PP2 Note: Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Land: Improvements: Personal Property: Code Area: 212-130-50 2012-2013 $36,883.21 $36,883.21 $0.00 $2,000,000.00 $4,800,000.00 $0.00 09013 Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land commercial, known as 5541 Fermi Circle, Carlsbad, CA, to an Extended Coverage Loan Policy. Note: The current owner does NOT qualifY for the $20.00 discount pursuant to the coordinated stipulated judgments entered in actions filed by both the Attorney General and private class action plaintiffs, for the herein described Land. END OF NOTES CL T A Preliminary Report Form -Modified ( 11117 /06) Page9 PRELIMINARY REPORT Fidelity National Title Company Order No.: 997-23022260-PP2 Your Reference: Taylor MadeNerizon OWNER'S DECLARATION The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at b. further described as follows: See Preliminary Report/Commitment No. 997-23022260-PP2 for full legal description (the "Land"). Declarantisthe~~--------~------~---of ________________________________ __ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 997-23022260-PP2 for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National Title Insurance Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. 5. The Land is currently in use as ___________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. This declaration is made with the intention that Fidelity National Title Insurance Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ___ at Signature:------------- Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy. premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers. employees, or property and/or to comply with a judicial proceeding, court order or legal process. Disclosure to Affiliated Companies -We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties-We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identitv. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Changes to this Privacy Statement Chief Privacy Officer Fidelity National Financial, Inc. 60 I Riverside A venue Jacksonville, FL 32204 This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Privacy Policy Effective Date: 5/112008 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwriter FNF Underwritten Title Company FNTC -Fidelity National Title Company FNTIC -Fidelity National Title Insurance Company FNTCCA -Fidelity National Title Company of California Available Discounts CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (FNTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 or 36 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge. FEE REDUCTION SETTLEMENT PROGRAM (FNTC, FNTCCA and FNTIC) Eligible customers shall receive $20.00 reduction in their title and/or escrow fees charged by the Company for each eligible transaction in accordance with the terms of the Final Judgments entered in The People of the State of California et al. v. Fidelity National Title Insurance Company et al., Sacramento Superior Court Case No. 99AS02793, and related cases. DISASTER LOANS (FNTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government ofthe United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. CA Discount Notice Effective Date: 1-10-2010 Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refmanced residential property in California between May 19,1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is the subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provided the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount. Effective through November 1, 2014 ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION 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: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. Attachment One (07/26/10) 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A OR • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. .-------------------------------- ATTACHMENT ONE (Continued) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encwnbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encwnbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encwnbrances, adverse claims or other matters: (a) created, suffered, asswned 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any conswner credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encwnbrances, or claims thereof, not shown by the public records. Attachment One (07/26/10) PART I 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof: (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) Wim A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date ofPolicyt or (e) resulting in loss or damage which 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 the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not fmanced in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: ( i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 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) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an Attachment One (07/26/10) inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mmmg 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. ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION 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: l. (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 ofland; 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: I. (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. Attachment One (07/26/10) 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. ATIACHMENTONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay Joss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encwnbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encwnbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encwnbrances, adverse claims or other matters: (a) created, suffered, asswned or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in Joss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or ( ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrwnent of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 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) which arise by reason of: I. 2. 3. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Easements, liens or encwnbrances, or claims thereof, which are not shown by the public records. Attachment One (07/26/IO) 4. 5. 6. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (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. Any lien or right to a lien for services, labor or material not shown by the Public Records. ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant: (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. 2. 3. (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. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Attachment One (07/26/10) 4. 5. 6. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. (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. Any lien or right to a lien for services, labor or material not shown by the Public Records. ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: l. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. Error! Unknown switch argument.. building 4. Risks: b. zoning c. Land use d. improvements on Land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records. b. that are Known to You at the Policy Date, but not to Us, unless they appear 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, S.d., 22, 23,24 or 25. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 5. Failure to pay value for Your Title. 2. The failure ofYour existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 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. 3. The right to take the Land by condemning it, unless: This Exclusion does not limit the coverage described in Covered Risk 11 or 18. a. notice of exercising the right appears in the Public Records at the Policy Date; or LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16, and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Attachment One (07/26/10) Your Deductible Amount 1% of Policy Amount or $2,500.00 (whichever is less) 1% of Policy Amount or $5,000.00 (whichever is less) 1% of Policy Amount or $5,000.00 (whichever is less) 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 ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) 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: I. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: Error! Unknown switch argument.. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk II or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21 : Attachment One (07/26/10) Your Deductible Amount 1% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1% of Policy Amount Shown in Schedule A 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 ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: l. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govermnental regulations, except to the extent that notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b) Any govermnental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records a Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) 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 damage to the Insured Claimant; Attachment One (07/26/10) (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which 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 the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth-in-lending law. 6. Real property taxes or assessments of any govermnental authority which become a lien on the Land subsequent to date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. 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 limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. ------------------------------------ ATTACHMENT ONE (CONTINUED) 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 which arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; ( ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 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 !(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 ofthe 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 II. 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 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modifY or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Attachment One (07/26/10) 09 I I i ; = i I i I I I i • Ill I I § I a I • i I I I I I ' I Fidelity National Title Insurance Company This plat is fbr ,_aid in locMina )'OUr ...... •·ith ~ to stn:ets and adM. .,...eels. Wile dtis plat is believed to bc-.-n:ct; l'idetlty ..,.,_,Tide ..... ,_~-- no llabllil;y b any t_... oocurfna by n;:uun of l'eli~~n~~:>e tt.-n.. •• .. .. c. 0. f: 0. '!: t L. DETAIL 'II' NO SCALE Ftilliiiill\ 6 8 SCiliii11101JFAiia MAP 12815-CARLSBAD TCT NO 85-24 SIIIDIIIIIICIUNTY_..IW 212-13 , .. -400' 7/7/11 .. .... HJI .N ~~ __ ., .... ..... "' ...... .. ...... II ..... .... ,.., . .... .... ..... . "" II ..... """ Ul • .. . ,., •• II .. • llll II fill.• ... " liiV .... ••• .... . ,,. h NO ACCESS 2• PNI78 S8E liN' ~37-1 3o PAR 78 sat liN' 143-37-1 : _j e-. ~.~RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ' DOC~ 2010-0724905 llllllllllllllllllllllllllllllllllllll~lllllllllllllllllllllllll DEC 29, 2010 1:39 PM OFRCW. RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. DronenbUJg. Jr .• COUNTY RECORDER William McCorkle FEES: 22.00 OC: DC 1800 Thibodo Road Suite 320 Vista, CA 92081 PAGES: 3 16612 DIIIBIIIIIIIIIIII MAIL TAX STATEMENT TO RETURN ADDRESS ABOVE APN: 212-130-50-00; 212-130-Sl-00 THIS SPACE FOR RECORDER'S USE ONLY GRANT DEED DEl, LLC, a California limited liability company hereby grants to Fermi Court, LP, a California limited partnership all of its right, title, and interest in and to the following described real property (uProperty') in the City of Carfsbad, County of San Diego, State of california: See attached Exhibit 'A' This conveyance is excluded from a change of ownership reassessment pursuant to Section 62(a)(2) of the California Revenue and Taxation Code, as a transfer between legal entitles that results solely in a change in the method of holding title to the Property and in which the proportional ownership interest of the Property remains the same after the transfer. There is no consideration given for this transfer. Accordingly, there is no documentary transfer tax per California Revenue and Taxation Code Section 11911. Dated: ~6,....l.,c Zz , 2010 DEl, LLC. a California limited liability company ACKNOWLEDGMENT 16613 STATEOFCALIFORNIA } ~-<....t· }ss COUNTY OF y'kt\.JO\ .. U f') On ~ ..!)..~ , 2016Q. before me, ~;t.J!:I!.:&e.t::si:Oo:'--l.~~~'--~---, a Notary Public in and for said State, persona ~ • proved to me on the basis of satisfactory evidence to be the person whose nam ~ subscribed to the within instrument and acknowledged to me that a,t'she/~ e~~9Jted the same in ¥er"*'r authorized capacit~ and that by.¥"her~ignatur~on the instrument the person~ or the entity upon behalf of which the person~ acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Y:\Corporate Records\Grant Deeds\Deed·Ferrnl.doc 2 Exhibit A LEGAL DESCRIPTION 16614 PARCELS 2 AND 3 OF PARCEL MAP NO. 17830, IN THE CITY OF CARLSBAD. COUNlY OF SAN DlEGO, STATB OF CALIFORNIA. FILED IN mB OmCB OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 21.1997. AS FILB NO. 1997· 0129122 OF OFFICIAL RECORDS. Y:\Corporate Recotds\Grant Deeds\Deed-Fennl.doc 3 .... \ . , City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111111111111111111111111111111111111111111111111111111111111 Applicant: VERIZON WIRELESS Description Amount MCUP1307 724.00 5541 FERMI CT CBAD Receipt Number: R0095220 Transaction ID: R0095220 Transaction Date: 05/23/2013 Pay Type Method Description Amount Payment Credit Crd MC 724.00 Transaction Amount: 724.00 -~ .. . '---. . / .. -· ~ City of Car1sbad Faraday Center· Faraday Cashiering 001 1314301-2 05/23/2013 149 Thu, May 23, 2013 02:53 PM Receipt Ref Nbr: R1314301-2/0035 PERMITS -PERMITS Tran Ref Nbr: 131430102 0035 0040 Trans/Rcpt#: R0095220 SET #: t~CUP1307 Amou:1t: Item Subtota 1 : Item Tot a 1: ITEM(S) TOTAL: Credit Card (Auth# 83113Z) Total Received: Have a nice day! 1 @ $724.00 $724.00 $724.00 $724.00 $724.00 $724.00 **************CUSTOMER COPY************* • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 1 ~~~~~~ ~111111111~1 ~ 111~1 ~~~~~~~~~~ml ~~ 1111 Applicant: VERIZON WIRELESS Description Amount MCUP1307 40.02 5541 FERMI CT CBAD Receipt Number: R0095598 Transaction ID: R0095598 Transaction Date: 06/18/2013 Pay Type Method Description Amount Payment Check 40.02 Transaction Amount: 40.02 ~~ I City of Carlsbad Faraday Center Faraday Cashiering 001 1316901-3 06/18/2013 149 Tue, Jun 18, 2013 10:09 AM Receipt Ref Nbr: R1316901-3/0010 PERMITS -PERMITS Tran Ref Nbr: 131690103 0010 0010 Trans/Rcpt#: R0095598 SET #: MCUP1307 Amount: Item Subtota 1 : Item Tot a 1: 1 @ $40.02 $40.02 $40.02 ITEM(S) TOTAL: $40.02 Check (Chk# 002625) $40.02 Total Received: $40.02 Have a nice day! • **************CUSTOMER COPY************* ~ ... • • FiLE CLJ.~·. (~.4_ CITY OF ~~CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF REQUEST FOR A MINOR CONDITIONAL USE PERMIT Notice is hereby given that a Minor Conditional Use Permit {MCUP} has been applied for to allow a Wireless Communications Facility on property generally located at, 5541 Fermi Court Carlsbad, California, and more particularly described as: A portion of Parcel 2 of Parcel Map No. 17830, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County March 21, 1997 as File No. 1997-0129122 of official records. If you have any objections to the granting of this MCUP or wish to have an informal hearing to discuss the requested MCUP, please notify the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any questions, please call Chris Garcia in the Planning Division at {760) 602-4622. CASE NO.: MCUP 13-07 CASE NAME: TAYLORMADE VERIZON WIRELESS DATE: June 13, 2013 CITY OF CARLSBAD PLANNING DIVISION ~·· Planning Division ~w~•·-------------------------------------------------------------------------~:. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 -- 0.2 0 WGS_1984_Web_Mercator_Auxiliary _Sphere Planning and Development Services 66 .21213 04-l 0.08 0.2Miles 69 ~·t_·t_~. <:'·1 43 1: 4,841 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION legend D Parcels Notes • 8 . . • CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: MCUP 13-07 ----------------------------------------------------------------------------------------------- BUILDINGADDRESS: 5541 FERMI COURT ~~------------------------------------------------------------------------------------------------- PROJECT DESCRIPTION: UPGRADES TO AN EXISTING WCF W/ STANDBY GENERATOR ASSESSOR'S PARCEL NUMBER: 212-130-50-00 FIRE DEPARTMENT The item yo u mitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: G.Ryan Date: 07.09.2013 ATTACHMENTS COMMENTS DENIAL Please see the attached report of deficiencies marked with IRI. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: Date: ----------------------- By: Date: ----------------------- By: Date: ----------------------- FIRE DEPARTMENT CONTACT PERSON NAME: ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4665 AT OR PRIOR TO FINAL INSPECTION ALL FIRE CODE PERMITS SHALL BE APPROVED AND PAID FOR BY EITHER THE INSTALLING CONTRACTOR OR THE END USER. • CITY OF CARLSBAD REVIEW AND COMMENT MEMO • DATE: MAY 23, 2013 PROJECT NO(S): MCUP 13-07 '!,,':''''"}'' · ,. REVIEW NO: ----------~---------------------------- PROJECT TITLE: TAYLOR MADE VERIZON WIRELESS APPLICANT: DOUG MUNSON FOR VERIZON WIRELESS TO: [gJ D Land Development Engineering-David Rick Police Department-J. Sasway Public Works (Storm Drain)-Clayton Dobbs Public Works (Wastewater) -Don Wasko ... ,~ .. . , .. . D D D D D D Fire Department-Greg Ryan Building Division-Will Foss Parks & Recreation (Parks/Trails)-Liz Ketabian Parks & Recreation (Trees & Medians)-Mike Bliss Public Works Department (Streets)-Nick Roque Public Works Department (Traffic)-John Kim Public Works Department (Design)-Bill Plummer *ALWAYS SEND EXHIBITS D D D D D D D D D Public Works (Water) -Jase Warner ________ Water/Sewer District Landscape Plancheck Consultant-PELA __________ School District FROM: PLANNING DIVISION North County Transit District-Planning Dept. Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) ;~:K·'"'·'•" Please review and submit written comments andfor. conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, b~}/i3::f(you nave ''No Comments," please so stat~. If you determine that there are items that nee o be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Review & Comment 03/13 Ch (~4)> C I T Y 0 F ~·CARLSBAD • • Memorandum May 29,2013 To: Chris Garcia, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Senior Civil Engineer Re: SUBJECT: MCUP 13-07 TAYLOR MADE VERIZON WIRELESS CONDITIONS Land Development Engineering has completed its review of the above referenced project for application completeness and has determined that the application and plans submitted for this project are complete and suitable for continued review. Engineering staff does not have any comments to add to the project. Please add the following conditions to the approving resolution/letter: 1. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. Da~CZ'- Associate Engineer-Land Development Engineering Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov 4~.A.._ CITY OF VcARLSBAD • Community & Economic Development July 15, 2013 Doug Munson c/o M&M Telecom, Inc. P.O. Box 55 Poway, CA 92074 • LJ FILE www.carlsbadca.gov SUBJECT: NOTICE OF RESTRICTION-MCUP 13-07-TAYLORMADE VERIZON WIRELESS Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Minor Conditional Use Permit, . Please ensure the following items are addressed prior to returning the Notice of Restriction: ./ Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ./ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement . ./ Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) ./ Include property owner's name in the designated space above the owner's signature . ../ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, CHRIS GARCIA Junior Planner c: Michele Masterson, Senior Management Analyst File Copy Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 __.if~A_ CITY OF VcARLSBAD • Community &: Economic Development www.carlsbadca.gov June 17, 2013 Doug Munson c/o M&M Telecom, Inc. P.O. Box 55 Poway, CA 92074 SUBJECT: MCUP 13-07-TAYLORMADE VERIZON WIRELESS Congratulations, your project application was deemed complete on June 12, 2013, and the City has determined on June 17, 2013 that the project is exempt from CEQA. In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), an administrative decision to approve or deny the project must be determined by August 23, 2013. Therefore, in the interest of achieving that decision date/hearing date, all remaining project issues must be addressed by August 9, 2013. If all project issues are not resolved by the date listed above, you may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw the application. Should you have any questions regarding an application extension or withdrawal, please contact Chris Garcia at 760-602-4622 or by email at Chris.Garcia@carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:CG:fn c: Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry . Planning Division ® _,.if~_A. CITY OF VcARLSBAD • • ff\a.ded. lo hct 126\"3 FILE COPY Community & Economic Development www.carlsbadca.gov June 17, 2013 Doug Munson c/o M&M Telecom, Inc. P.O. Box 55 Poway, CA 92074 SUBJECT: MCUP 13-07 -TAYLORMADE VERIZON WIRELESS -CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for New Construction of Small Structures -State CEQA Guidelines Section 15303. No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the City Planner decision date. For additional information related to this CEQA applicability/process determination, please contact the project planner, Chris Garcia, at {760) 602-4622 or Chris.Garcia@carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:CG:fn c: Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® ,----------------------------------------------------------------------------• • (\·v~~ \.ecP \o \ \ 'L I 2-o \ ~ FILE COPY _4~_A CITY OF VcARLSBAD Community & Economic Development June 12, 2013 www.carlsbadca.gov Doug Munson c/o M&M Telecom, Inc. P.O. Box 55 Poway, CA 92074 SUBJECT: 1ST REVIEW FOR MCUP 13-07-TAYLORMADE VERIZON WIRELESS Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Minor Conditional Use Permit, application no. MCUP 13-07, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the City asks that you provide 3 complete sets of the revised development plans (Two full size and one reduced) so that the project can continue to be reviewed. The City will complete the review of your resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Garcia, at (760) 602-4622, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: David Rick, Associate Engineer, at {760) 602-2781. • Fire Department: Greg Ryan, Fire Inspections, at {760) 602-4661. Sincerely, ~(JQ_CaJo CHRIS DeCERBO Principal Planner CD:CG:fn c: Steven Chatfield, c/o Fermi Court, LP, 1800 Thibodo, Suite 320, Vista, CA 92081 Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® '-''• ""· ... ~···· • MCUP-13.--07L TAYLORMADE VERIZON WIRELESS • ' June 12, 2013 Page 2 ISSUES OF CONCERN Planning: 1. Please submit two, 24"x36" full size sets of plans and one reduced 11"x17" set of plans with the next submittal. Engineering: No Comments. Fire: 1. Declare any electrolyte storage and amount in gallons. 2. Please provide manufacturer's cut sheets for the generator. 3. A Hazardous Materials Business Emergency Plan (BEP) is required to be submitted to the San Diego County Department of Environmental Health which is the Certified Unified Program Agency (CUPA). 4. An operational use permit for diesel storage is required to be obtained from the Fire Department 5. A Knox box is required for the generator enclosure. 6. An emergency disconnect on the exterior of the generator is required. 7. A fire extinguisher and proper signage is required. 8. Please contact the Fire Department for further clarification.