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Home My WebLink AboutMP 178K; ViaSat Bressi Ranch Campus; Master Plan (MP)'-- ' Ccityof Carlsbad IJ.g_v§.IQJl.ment Permits 0 Coastal Development Permit (*) 0 Conditional Use Permit(*) 0Minor 0 Extension 0 Day Care (large) 0 0Minor 0 Environmental Impact Assessment 0 Habitat Management Permit 0Minor 0 Hillside Development Permit(*) 0 Minor 0 Nonconforming Construction Permit Ill Planned Development Permit Ill Minor Ill Non-Residential Planning Commission Determination Reasonable Accommodation Development Plan ~inor Ill J.D. Special Use Permit Ill Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) 0 Variance 0Minor LAND USE REVIEW APPLICATION P-1 Development Services Planning Dlvlsion 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov (FOR DEPT. USE ONLY) Legislative Permits 0 General Plan Amendment 0 Local Coastal Program Amendment(*) ~ Master Plan 0 Specific Plan 0 Zone Change (*) IEJ ~endment 0Amendment 0 Zone Code Amendment (FOR DEPT. USE ONLY) South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major \ l.Q-1 Village Review Area Permits :l=;bt~;;::=:1!4 0 Review Permit 0 Administrative 0 Minor 0 Major (*) = eligible for 25% discount ASSESSOR PARCEL NO(S).: 213-260-02 through 09 --------------------------------------------------------------------PROJECT NAME: ViaSat Bressi Ranch Campus ------------------~------------------------------------------------BRIEF DESCRIPTION OF PROJECT: Entitlement processing of 487,000 sft. Includes (5) buildings, (3) parking garages, associated amenities and consolidation of existing (8) lots into (3) lots BRIEF LEGAL DESCRIPTION: lots 2-9 of Carlsbad tract CT 02-15, Map No. 14960 LOCATION OF PROJECT: At the intersection of El Camino Real and Gateway Road STREET ADDRESS ON THE: East SIDE OF El Camino Real --~~~~~~~~~~~--(NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BElWEEN Gateway Road AND Town Garden Road (NAME OF STREET) (NAME OF STREET) P-1 Page 1 of6 .:. '' OWNER NAME JPrint): ViaSat, Inc. A Delaware Corporation MAILING ADDRESS: 6155 El Camino Real --------------------------CITY, STATE, ZIP: Carlsbad, CA 92009 --------------------------TaEPHONE: 760-795-6455 --------------------------EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR 0 APPLICANT NAME (Print): ViaSat, Inc. A Delaware Corporation MAILINGADDRESS:6155 El Camino Real CITY, STATE, ZIP: Carlsbad, CA 92009 TELEPHONE: 760-795-64'155 J'"~ EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. PU S OF THIS PP N. -1----..., ~ ln/lv DAi'E APPLICANT'S REPRESENTATIVE (Print): ?Ml'('tt Wd7tJLfl/'# ~ =Aufuf£t: ($. (AAA-11 ~JUA--n\ MAILINGADDRESS: \'?'l-e>O ~mtr:tcq ~ ~'lC: ~t,.;(ij-- CITY, STATE, ZIP: C'::?A-1-.J QJ t:ff~ Q 4t:: 1 Z.,J Z.!J TELEPHONE: as 6 . 112 . k 111 EMAIL ADDRESS: f\ tca:X j, r @ $C.@. -9J. . CtJ ~ I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWL~E. OAT 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 TH D AND BIND A ESSORS IN INTEREST. FOR CITY USE ONLY P-1 Page 2 of6 · .CEI\fED JUN 2 0 2016 CIT't ·CARLSBAD P' t !k. ·., ' .... , ._, q --·.,. ·._-·~ · < : .. J :...,, J!S~:JN DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 07/15 (~ 0 {cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Plannl ng Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as • Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, tn,~st, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit. • Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ViaSat, Inc. A Delaware Corp. Corp/Part ViaSat, Inc. A Delaware Corp. Title See Attached Exhibit "A" Title See Attached Exhibit "A" Address 6155 El Camino Real, Carlsbad, CA 92009 Address 6155 El Camino Real, Carlsbad, CA 92009 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 ViaSat, Inc. A Delaware Corp. Title See Attached Exhibit "A" Address 6155 El Camino Real, Carlsbad. CA 92009 Carlsbad, CA. 92009 Corp/Part ViaSat, Inc. A Delaware Corp. Title See Attached Exhibit "A" Address 6155 El Camino Real, Carlsbad, CA 92009 Carlsbad, CA. 92009 Page 1 of2 Revised 07/10 c 0 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1} or (2} above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust:,__ ________ _ Title Title ____________ _ Address. _________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? · DYes II' I No If yes, please indicate person(s): __________ _ NOTE: Attach additiona! sheets if necessary. See Exhibit "A" 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 ViaSat, Inc. A Delaware Corporation Print or type name of owner · ViaSat, Inc. A Delaware Corporation Print or type name of applicant Robert A Rota-VP Facilities and Security PriAt-or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 ..... ' Exhibit"A" to City of Carlsbad Land Use Review Application 0 J\nplicant/ Ownet VjaSat. Inc. is a publicly traded Delaware corporation. The following is a list of the names. titles and addresses of the executive officers of the corpomtjon. Executive Officers Mark Dankberg Chainnan of the Board and Chief Executive Officer Richard A. Baldridge President and Chief Operating Officer Keven K. Lippert Executive Vice President, General Counsel and Secretary Mark J. Miller Executive Vice President, ChiefTechnical Officer Steven R. Hart Executive Vice President, Chief Technical Officer Kevin J. Harkenrider Senior Vice President Commercial Networks Melinda DelToro Senior Vice President Human Resources Bruce Dirks Senior Vice President Treasury & Corp. Development Ken Peterman Senior Vice President-Government Systems 6155 El Camino Real Carlsbad, CA 92009 6155 Camino Real Carlsbad, CA 92009 6155 El Camino Real Carlsbad, CA 92009 6155 El Camino Real Carlsbad, CA 92009 6155 El Camino Real Carlsbad, CA 92009 6155 EI Camino Real Carlsbad, CA 92009 6155 El Camino Real Carlsbad, CA 92009 6155 El Camino Real Carlsbad, CA 92009 6155 El Camino Real Carlsbad, CA 92009 Ccicyof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: ViaSat Bressi Ranch Campus APPLICANT NAME: ViaSat, Inc. Development Services Planning Division 1635 Faraday Avenue (760} 602-4610 www.carlsbadca.gov ---------------------------------------------- Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background Information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The project includes entitlement processing of 487,000 sft through the City of Carlsbad Planning Commission. The entitlement includes five office buildings (buildings 12, 13, 14, 15 and 16), associated parking structures (P1, P2 and P3) and site amenities. Also included the consolidation of existing (8) Jots into (3) Jots. P-1(8) Page 1 of 1 Revised 07/10 ('cicyof Carlsbad 0 HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) 0 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and. Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): [II The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application m contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: ViaSat, Inc. A Delaware Corp. Name: ViaSat, Inc. A Delaware Corp. Add 6155 El Camino Real, Carlsbad, CA 92009 Add 6155EICaminoReai,Carlsbad,CA92009 ress: ress: _________ _ Carlsbad, CA. 92009 Carlsbad, CA. 92009 Phone Number: 760-4 76-2200 Phone Number: 760-4 76-2468 Address of Site: Intersection of El Camino Real and Gateway Road Local Agency (City and County): City of Carlsbad, San Diego County Assessor's book, page, and parcel number:_2_1_3_-2_6_0_-_0_2_t_h_r_o_u_g_h_0_9 _________ _ Specify list(s):_N_I_A _________________________ _ Regulatory Identification Number:_N_I_A ___________________ _ Date of Ust: N/A --------------------------------- , ~-~----.~~ Applicant Signature/Date 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 ('cicyof Carlsbad 0 0 TENTATIVE PARCEL MAP WAIVER OF PROCESSING TIME LIMITS P-1(F) Proposed Minor Subdivision No.:__._f.....:b::;._-o_ ..... f ______ _ Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process tentative parcel maps. Per SMA Section 66451.1, this time limit may be extended by mutual consent of the applicant and the city to allow for concurrent processing of related approvals or an environmental review of the project. By accepting applications for tentative parcel maps concurrently with applications for other approvals that are prerequisites to the map (e.g., Environmental Information Form, Environmental Impact Report, Condominium Permit, Planned Unit Development), the 50-day time limit is often exceeded. For the city to process a tentative parcel map application concurrently, the property owner or applicant must sign this agreement. If this agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to the map have been processed and approved. The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time restriction and hereby waives such time restriction for city planner action. <~~M" Robert A. Rota 6. 16. 16 Signer is (check one): ----------------------0Property Owner [Z]Applicant Signature Print Name Date ViaSat, Inc. A Delaware Corp. obert A. Rota 6. 16. 16 Signer is (check one): -----------------------0Property Owner 0Applicant Signature Print Name Date ViaSat, Inc. A Delaware Corp. P-1(F) Rev. 04/13 City of Carlsliad c: STORM WATER STANDARDS QUESTIONNAIRE E-34 0 Qgvglqpmgl1t $l!,..tlli.~~s Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions. please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. ESS: SE Corner of Intersection of El Camino Real & Gateway Rd APN: 213-260-02 thru 09 The project is (check one): Ill New Development 0 Redevelopment ·······-··-~~~~-·~·-··················•<>······~·-··-~4 The total proposed disturbed area is: 1 ·005·8~ fF ( 23.09 ) acres The total proposed newly created and/or replaced impervious area is: 631 •652 ft2 ( 14.50 ) acres If your project is covered by an approved SWQMP # of the larger development project: a larger development project, provide the projectib andthe Project·~-----------------SWQMP #: ---------· Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02116 () 0 To determine if your project is a "development project", please answer the following question: Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing buildin or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? rfyou answered "yes" to the above question, provide justification then go to 5, mark the third box stating project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): Is your project LIMITED to one or more of the following: 1. Constructing new or retrofitting paved bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas: b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green YES NO D 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed i [lJ accordance with the USEPJ\ ~~~~~ Stre_~ts guidan .. _c,e,.? .................... ,., .................................................. -·-~-.. ~---·~· .. ---~~--t-----4----··---·· ·l 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? D If you to one or more of the above on/justification , then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): E-34 Page 2 of 4 REV 02i16 0 0 P, please answer the following questions (MS4 Perm Provision E.3.b.( )): 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? TNs includes commercial, industrial, residential, mixed-use, 2. Is your a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public . on public or, private fans!~--~-·-······ .. ~~···-··~···~·-···-·· ... · .. ~····-,·~······~~····· .. ·~··· .. 3. your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial code 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of s surface collectively over tile entire project site and supports a hillside development project? A hillside includes on an natural sl 5. Is your project a new or redevelopment project that creates replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot .is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your ect a new or redevelopment project creates and/or 5,000 square or more of impervious surface collectively over the entire project site and supports a street, road, highway freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used the and ot11er Is your project a new or redevelopment creates and/or replaces 2,500 square feet or more of impervious surface collectively ever the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the to the ESA e. not with flows from • 8. Is your project a new development or project that creates and/or feet or more of impervious surface that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 501 501 5541 or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic of 100 or more 11. in the disturbance of one or more acres of land or more of 10%? (CMC you to one or more above questions, your s a your NO D u D D D D D 0 0 project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second is a 'STANDARD CT' ... " and information. E·34 Page 3 of 4 f-<EV 02/16 -------~~ ~~-~-'''' • 0 0 Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A)= _____ 2_·_10_0 ______ sq. ft. Total proposed newly created or replaced impervious area (B) = ____ 6_3_1_·5_6_2 _____ s,q. ft. Percent impervious area created or replaced (8/A)*1 00 = 30·0074 % YES NO D If you answered "yes", the structural BMPs required for PDP apply to the creation or replacement pervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. Go to step 5, check the 1Z1 My project is a PDP and must comply with PDP stormwater requirements of th~ BMP ManuaL I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' storm water requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. 0 My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box ApplicantName; ~ ApplicantSig.....:-= ::.?M~ Applicant Title: i'Jf.o:f'EC£. /!'Hit'.,..&IZ. Date: w/tit/tJJ water areas Biological by the State Water Resources Control Board (Water Quality Control Plan San Diego Basin (1994) and amendments); water designated with the RARE benefidal use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. City Concurrence; Date; Project ID: E-34 Page 4 of 4 REV 02/16 0 April 3, 2015 Mike Dorris HCP LS carlsbad, LLC 462 Stevens Avenue, Suite 107 Solana Beach , CA 92075 Phone: (858)847-9936 Fax: Customer Reference: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: OrdeQmber: NCS-721883-SD Page Number: 1 First American Title Company National Commercial Services 4380 La Jolla Village Drive, Suite 110 San Diego, CA 92122 Town Garden Road Vince Tocco/ Linda Slavik (858)410-3886 (877)461-2094 vtocco@firstam.com TBD HCP LS CARLSBAD I LLC VACANT LAND, Carlsbad, CA PRELIMINARY REPORT Amended April 3, 2015 In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the 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 Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Rrst American Title Insurance Company ------------------------------~,------ 0 Order Ni:lr: NCS-721883-SD Page Number: 2 Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Rrst American Title Insurance Company • 0 Dated as of March 23, 2015 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: OrdeCnber: NCS-721883-SD Page Number: 3 ALTA Extended Loan Policy AND ALTA Standard Owner Policy A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: HCP LS CARLSBAD, LLC, A DELAWARE LIMITED LIABILilY COMPANY, SUCCESSOR BY CHANGE OF NAME TO HCP CARLSBAD, LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR BY CHANGE OF NAME TO SLOUGH CARLSBAD, LLC, A DELAWARE LIMITED LIABILITY COMPANY. The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $19,190.03, PAID Penalty: $0.00 Second Installment: $19,190.03, OPEN Penalty: $0.00 Tax Rate Area: 09199 A. P. No.: 213-260-02-00 (Affects Lot 2) 3. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $17,210.33, PAID Penalty: $0.00 Second Installment: $17,210.33, OPEN Penalty: $0.00 Tax Rate Area: 09199 A. P. No.: 213-260-03-00 (Affects Lot 3) Rrst American Title Insurance Company 0 Order NOr: NCS-721883-SD Page Number: 4 4. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $16,286.54, PAID Penalty: $0.00 Second Installment: $16,286.54, OPEN Penalty: $0.00 Tax Rate Area: 09199 A. P. No.: 213-260-04-00 (Affects Lot 4) 5. General and special taxes and assessments for the fiscal year 2014-2015. Rrst Installment: $9,249.11, PAID Penalty: $0.00 Second Installment: $9,249.11, OPEN Penalty: $0.00 Tax Rate Area: 09199 A. P. No.: 213-260-05-00 (Affects Lot 5) 6. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $9,492.73, PAID Penalty: $0.00 Second Installment: $9,492.73, OPEN Penalty: $0.00 Tax Rate Area: 09199 A. P. No.: 213-260-06-00 (Affects Lot 6) 7. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $6,756.21, PAID Penalty: $0.00 Second Installment: $6,756.21, OPEN Penalty: $0.00 Tax Rate Area: 09199 A. P. No.: 213-260-07-00 (Affects Lot 7) 8. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $7,195.59, PAID Penalty: $0.00 Second Installment: $7,195.59, OPEN Penalty: $0.00 Tax Rate Area: 09199 A. P. No.: 213-260-08-00 Rrst American Title Insurance Company 0 (Affects Lot 8) Orde~ber: NCS-721883-SD Page Number: 5 9. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $7,926.14, PAID Penalty: $0.00 Second Installment: $7,926.14, OPEN Penalty: $0.00 Tax Rate Area: 09199 A. P. No.: 213-260-09-00 (Affects Lot 9) 10. Assessment liens, if applicable, collected with the general and special taxes, including but not limited to those disclosed by the reflection of the following on the tax roll: 1915 Bond for City of Carlsbad 2002-1; Street Improvements 11. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 1, as disclosed by Notice of Special Tax Lien recorded March 14, 2003 as Instrument No. 2003-0289327 and 2003-0289328, both of Official Records. 12. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 13. An easement for gas pipe lines and incidental purposes, recorded July 27, 1960 as instrument no. 151772 of Official Records. In Favor of: Affects: San Diego Gas and Electric Company. Lots 2, 3 and 4. 14. An easement for avigation and incidental purposes, recorded Aprilll, 1984 as instrument no. 84- 132298 of Official Records. In Favor of: Affects: County of San Diego by Final Order of Condemnation. As described therein The location of the easement cannot be determined from record information. 15. An easement for avigation and incidental purposes, recorded August 11, 1987 as instrument no. 87-452377 and August 20, 1987 as instrument no. 87-472299, both of Official Records. In Favor of: The County of San Diego. Affects: As described therein The location of the easement cannot be determined from record information. 16. The terms and provisions contained in the document entitled "Agreement Regarding the Payment of a Public Facilities Fee for Inside the Boundaries of Community Facilities District No. 1" recorded December 11, 1998 as instrument no. 1998-0806517 of Official Records. Rrst American 7itle Insurance Company c Order NOr: NCS-721883-SD Page Number: 6 17. The terms and provisions contained in the document entitled "Agreement Regarding Covenants Running with the Land" recorded February 18, 1999 as instrument no. 1999-0098738 of Official Records. 18. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded February 25, 2003 as instrument no. 2003-0210190 of Official Records. 19. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded March 11, 2003 as instrument no. 2003-0270075 of Official Records. 20. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded March 11, 2003 as instrument no. 2003-0270076 of Official Records. 21. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded April 1, 2003 as instrument no. 2003-0362107 of Official Records. 22. Abutter's rights of ingress and egress to or from El camino Real, Gateway Road and Town Garden Road have been dedicated or relinquished on the map of Map No. 14600 of Tract Maps recorded May 29, 2003. 23. An easement shown or dedicated on the map filed or recorded May 29, 2003 as Tract Map No. 14600 of Tract Map For: sewer, storm drain and incidental purposes. 24. Abutter's rights of ingress and egress to or from Alicante Road, Gateway Road, and Town Garden Road excepting therefrom access openings have been dedicated or relinquished on the map of Map No. 14960 of Tract Maps recorded February 04, 2005. 25. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Tract Map No. 14960 of Tract Map For: restricted sight distance corridor and incidental purposes. 26. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Tract Map No. 14960 of Tract Map For: landscape maintenance, future private drainage and incidental purposes. 27. Covenants, conditions, restrictions and easements in the document recorded March 15, 2005 as instrument no. 2005-0210897 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate litle 42, Section 3604(c), of the United States Codes or Section 12955 of the california Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded July 17, 2012 as Instrument No. 2012- 0412306 of Official Records. Rrst American Title Insurance Company 0 OrdeQ,ber: NCS-721883-SD Page Number: 7 Document(s) declaring modifications thereof recorded February 22, 2013 as Instrument No. 2013-0117373 of Official Records. Document(s) declaring modifications thereof recorded December 17, 2014 as Instrument No. 2014-0556453 of Official Records. 28. The terms and provisions contained in the document entitled "Agreement Regarding Annexation of Certain Real Property to Street Lighting and Landscape District No. 2 of the City of carlsbad and Approval of the Levy of Assessments on Such Real Property" recorded March 16, 2005 as instrument no. 2005-0216793 of Official Records. 29. Covenants, conditions, restrictions and easements in the document recorded March 30, 2005 as instrument no. 2005-0258429 of Offici13l Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the california Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 30. An easement for public utilities and incidental purposes, recorded April 11, 2005 as instrument no. 2005-0294004 of Official Records. In Favor of: Affects: San Diego Gas and Electric Company, a corporation. Lots 7, 8 and 9. 31. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded June 2, 2005 as instrument no. 2005-0461222 of Official Records. 32. This item has been intentionally deleted. 33. The terms and provisions contained in the document entitled "Declaration of Development Covenants, Conditions and Restrictions" recorded June 9, 2005 as instrument no. 2005-0483800 of Official Records. 34. This item has been intentionally deleted. 35. The terms and provisions contained in the document entitled "Declaration of Covenants, Conditions and Restrictions Regarding Buildings" recorded June 9, 2005 as instrument no. 2005- 0483802 of Official Records. -- 36. Water rights, claims or title to water, whether or not shown by the public records. 37. Rights of parties in possession. Rrst American 77tle Insurance Company 0 r:: :: : : INFORMATIONAL NOTES Order NQr: NCS-721883-SD Page Number: 8 1. The property covered by this report is vacant land. 2. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 3. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 4. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the california Corporation Code (form GP-1), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; Rrst American 77tle Insurance Company 0 Orde~ber: NCS-721883-SD Page Number: 9 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILilY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a california limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the california Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** Rrst American Title Insurance Company 0 LEGAL DESCRIPTION Order N~r: NCS-721883-SD Page Number: 10 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOTS 2 THROUGH 9 OF CARLSBAD TRACT 02-15 BRESS! RANCH, IN THE CTIY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 14960, ALED IN THE OFACE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 2005. APN: 213-260-02-00 (affects Lot 2); 213-260-03-00 (affects Lot 3); 213-260-04-00 (affects Lot 4); 213-260-05-00 (affects Lot 5); 213-260-06-00 (affects Lot 6); 213-260-07-00 (affects Lot 7); 213-260-08-00 (affects Lot 8) and 213-260-09-00 (affects Lot 9) Rrst American Title Insurance Company 0 OrdeQmber: NCS-721883-SD Page Number: 11 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities vvho need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Rrst American Title Insurance Company 0 Order N£lr: NCS-721883-SD Page Number: 12 CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk B.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 litre. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1% of Policy Amount or $2,500.00 {whichever is less) Our Maximum Dollar Umjt of Liabj!ity $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exerdsing the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking Rrst American Title Insurance Company 0 3. Title Risks: (a) that are created, allowed, or agreed to by you Orde~ber: NCS-721883-SD Page Number: 13 (b) that·are known to you, but not to us, on the Policy Date--unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date--this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights 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: Arst American 7itle Insurance Company 0 Order Nc:lr: NCS-721883-SD Page Number: 14 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POUCY (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 1(a) does not modify or limit the coverage provided under Covered Risk 5. b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights 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 fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: Rrst American Title Insurance Company I I I 'I I • • 0 OrdeQ,ber: NCS-721883-SD Page Number: 15 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(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 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll{b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Arst American Title Insurance Company ----....... '""'·"•: City of Carlsbad Faraday Center Faraday Cashiering 001 1621001-1 07/28/2016 32 Thu, Jul 28, 2016 08:29 AM Receipt Ref Nbr: R1621001-1/0003 PERMITS -PERMITS Tran Ref Nbr: 162100101 0003 0003 Trans/Rcpt#: R0119083 SET #: SDP16017 Amount: Item Subtota 1 : Item Total: 1 @ $129.72 $129.72 $129.72 ITEM(S) TOTAL: $129.72 Credit Card (Auth# 21010K) $129.72 Total Received: $129.72 Have a nice day! **************CUSTOMER COPY************* j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 1111~1111111111111111111111111111111111111111111111~ II~ Applicant: VIASAT INC Description Amount SDP16017 129.72 Receipt Number: R0119083 Transaction ID: R0119083 Transaction Date: 07/28/2016 Pay Type Method Description Amount Payment Credit Crd VISA 129.72 Transaction Amount: 129.72 City of Carlsbad Faraday Center Faraday Cashiering 001 1620301-2 07/21/2016 149 Thu, Jul 21, 2016 05:09PM Receipt Ref Nbr: R1620301-2/0040 PERMITS -PERMITS Tran Ref Nbr: 162030102 0040 0050 Trans/Rcpt#: R0118943 SET #: SDP16017 Amount: Item Subtota 1 : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 01162442) Total Received: Have a nice day! 1 @ $11 ' 541 . 00 $11,541.00 $11,541.00 $11,541.00 $11,541.00 $11,541.00 **************CUSTOMER COPY************* < ,.-----~--------- --------------~--------- City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 I ~111~111111 ~ 1111~ ~ 1111111111111111~1111~ IIIII ~II ~II Applicant: VIASAT INC Description Amount SDP16017 11,541.00 Receipt Number: R0118943 Transaction ID: R0118943 Transaction Date: 07/21/2016 Pay Type Method Description Amount Payment Check 11,541.00 Transaction Amount: 11,541.00