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PUD 2017-0003; CAZADERO DRIVE CONDOMINIUM PROJECT; Planned Unit Development - Residential (PUD)
I (City of LAND USE REVIEW Development Services Planning Division Carlsbad APPLICATION 1635 Faraday Avenue P-1 (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Permits (FOR DEPT. USE ONLY)tealslative Permits (FOR DEPT. USE ONLY) O Coastal Development Permit 0 Minor 0 General Plan Amendment O Conditional Use Permit 0 Minor 0 Extension 0 Local Coastal Program Amendment O Day Care (Large)0 Master Plan D Amendment O Environmental Impact Assessment 0 Specific Plan D Amendment O Habitat Management Permit D Minor El Zone Change D Hillside Development Permit Minor 11:1 Zone Code Amendment O Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits M Planned Development Permit Minor WD 2011 -0 Review Permit 0 Residential Non-Residential OOP 3 0 Administrative D Minor 0 Major D Planning Commission Determination O Reasonable Accommodation Village Review Area Permits O Site Development Plan 0 Minor 0 Review Permit D Special Use Permit 0 Administrative 0 Minor Major 52011 - Ea Tentative Parcel Map (Minor Subdivision)114 non -b D Tentative Tract Map (Major Subdivision) O Variance Minor NOTE: A PROPOSED PROJECT REQUIRING APPUCATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT.PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. 'SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S):21 5 -320 -36 -00 LOCATION OF PROJECT:Cazadero -- (STREET ADDRESS) NAME OF PROJECT:-Cazade-r-o-Drive con a t)5 BRIEF DESCRIPTION OF PROJECT:2 Unit Condominium Project PROJECT VALUE ESTIMATED COMPLETION DATE(SITE IMPROVEMENTS) FOR CITY USE ONLY Development No.PEA/'2.011 0 1.11f -- Lead Case No.MS -VI -7 Dot 3 P-1 Page 1 of 6 Revised 03/17 OWNER NAME (PLEASE PRINT)APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME Of applicable):(A applicable):Larry Figueroa COMPANY NAME COMPANY NAME (if applicable):RE Hazard Contracting CO 0 apprigmey Cypress View Properties MAILING ADDRESS:401 B Street,Suite 2400 MAILING ADDRESS:401 B Street,Suite 2400 CITY, STATE, ZIP:CITY, STATE, ZIP:San Di ego.CA 92101 San Di ego.CA 92101 TELEPHONE:TELEPHONE:(619)795-8593 EMAIL ADDRESS:EMAIL ADDRESS:larry@cypressview.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY I AtLEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORREC TO THE BEST OF MY AND THAT i IN •-.TION IS TRUE AND CORRECT TO KNOWLEDGE.I CERTIFY EGAL R THAT THE APPLICANT AS THE BEST •II I 00..SET FO ER N I AUTHO D REPRE NTATIVE FOR PURP S TION./,V\f ta Iti 1 n SI TURE 0 SIGNATUR:DATE APPLICANTS REPRESENTATIVE (Print):Joy Christensen,Chri -tensen ngineering&Surveying MAILING ADDRESS:7888 Si lverton Avenue,Suite J CITY, STATE, ZIP:San Diego.CA 92126 TELEPHONE:(858)271 -9901 EMAIL ADDRESS:ceandROaol.com 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 MY2_ KN dif.mei •EDGE. (142/11bXWV 4.2.0or 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.WYE CONSENT TO ENTRY FOR THIS P RPOSE. NOTICE OF RESTRIC III va N:PR I -.RTY •'ER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE E TO H .‘.ii;•'RTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND •SUCC ••%-S IN INTEREST.di PROPER '•ri -4.SI NATURE ._ FOR CITY USE ONL RECEIVED lit'..2 6 2017 CITY OF CARLSBAD PLANNING ONISIOILLDATE STAMP APPLICATION titutIVED RECEIVED BY: P-1 Page 2 of 6 Revised 03/17 Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge.I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application.I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees.I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-"or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City.I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy.The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk.This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk.I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature Date: Certification Statement I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge.I support the applicants request for a permit to place the subject property on the public sidewalk.I understand that an approved administrative permit shall remain in effect for as long as outdoor dis la s are pe itted wi the Village Review Area and the permittee remains in compliance with the subject a r ed Signature /194 /A Date:(e P-1 Page 3 of 6 Revised 03117 C •ty of DISCLOSURE STATEMENT Development Services Ci Planning Division Carlsbad P-1(A)1635 Faraday Avenue (760) 602-4610 www.carisbadca.gov Applicants statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal.Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1.APPLICANT (Not the applicant's agent) Provide the COMPLETE,LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names,titles,addresses of all individuals owning more than 10%of the shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned corporation,include the names,titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) Person Larry Figueroa corp/PartCypress View Properties Title glANCA PAL.-Title Address 14bk t4 it 4 "Mob 39 CA Address 401 B Street, Suite 2400, San Diego 2.OWNER (Not the owner's agent) Provide the COMPLETE,LEGAL names and addresses of ALL persons having any ownership interest in the property involved.Also,provide the nature of the legal ownership (i.e.,partnership,tenants in common,non-profit,corporation,etc.).If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned corporation,include the names,titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) Person Obe 924Adt 16 Corp/Part RE Hazard Contracting Co. Title he ?item Title Address Address 401 B Street, Suite 2400 San Diego, CA 92101 P-1(A)Page 1 of 2 Revised 07110 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? 0 Yes 12 No If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. ,- I certify that II the abo informati n is true and correct to th 1. st o •owiedge.4/#7- Signature of owner/d Signatur.-f a;r -t/date ebt3t.":11/4.1A-?, WM Larry Fi 1 ueroa Print or type name of own r Print or type name of applicant &La Lik47 Siga re of owner/applicant's agent if applicable/date/V icy OhrtS1-ton_sen Print dr type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07110 C nfCity PROJECT DESCRIPTION Development Services Planning Division Carlsbad P-1(B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:Carlsbad Twin Home Prolect -Cazadero Drive APPLICANT NAME: Joy Christensen-Christensen Engineering 8 Surveying 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: Proposed Planned Development Permit and Tentative Parcel Map for a 2 unit Condominium Project on Lot 357 of La Costa Meadows Unit 2.The two properties on each side of this lot also provide 2 units on each Lot,which is consistant with the R -2,Two Family Residential Zoning. P-1(8)Page 1 of 1 Revised 07/10 HAZARDOUS WASTE Development Services City of AND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue (760) 602-4610 P-1(C)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): ID 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. El The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name:Larry Figueroa Name:RE Harzard Contracting Co. Address:401 B Street, Suite 2400 Address:401 B Street, Suite 2400 San Diego, CA 92101 San Diego, CA 92101 Phone Number (619) 795-8593 Phone Number: Address of Site:Cazadero Drive Local Agency (City and County):Carlsbad, San Diego County Assessor's book, page, and parcel number:215-320-36-00 Specify list(s): Regulatory Identification Number: Date of 1.1 1 1 (I11 L11 Applicant Si lure/ate 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 of 2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Feed:.-.(To be completed by City) Application Number(s):. General information 1.Name of project -Carlsbad Twin --Home Prolect-Cazadero Drive 2.Name of developer or project sponsor:Larry FigueroaCyll -ireSa _Pirofterties Address:4D1 B Street.24.00 City, State, Zip Code:San Diego CA 9210,1 Phone Number.( 61_9.)7-95-8593 . 3.Name of person to be contacted concerning this project _Jov -Christensen _ Address:-7888_Silver ton. Avenue.Suite ‘T City, State, Zip Code:San Diego,CA 92126 Phone Number.:(858 ).271 -99.01 4.Address of Project Cazadero__-Drive Assessor's Parcel Number.: 215-320-36700 __ 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: .Nozite 6.Existing General Plan Land Use Designation:Aesidential------- 7.Existing zoning district:R-2;Two Family Residential 8.Existing land use(s):Vacant Residential 9.Proposed use of site (Project for which this form Is filed):-2 coriatoirtium-_Prol'ect Project Description 10.Site size:0.24 _acres _. 11.Proposed Building square footage: 12:Number of floors of construction: 13.Amount of off-street parking provided:.•—---- 14.Associated projects:_ P-1(D)Page 2 d4 Revised 07/10 •/ 15.if residential, include the number of omits and schedule of unit sizes: 16.If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: -- •____ 17.If industrial, indicate type, estimated employment per shift, and loading facilities: •__ 18.tf Institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 19.If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: • • P-1(D)Page 3 of 4 Revieed 07/10 Are the following items applicable to the project or its effects?Discuss all items checked yes (attach additional sheets as necessary). Yes No 20.Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 21.Change in scenic views or vistas from existing residential areas or public lands or 0 El roads. 22.Change in pattern, scale or character of general area of project.0 23.Significant amounts of solid waste or litter.0 111 24.Change in dust, ash, smoke, fumes or odors in vicinity.0 111 25.Change in ocean,bay,lake,stream or ground water quality or quantity,or 0 12 alteration of existing drainage patterns. 26.Substantial change in existing noise or vibration levels in the vicinity.al 27.Site on filled land or on slope of 10 percent or more.0 IE 28.Use of disposal of potentially hazardous materials,such as toxic substances,0 [j1 flammables or explosives. 29.Substantial change In demand for municipal services (police, fire, water, sewage,EI etc.). 30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).0 lE 31.Relationship to a larger project or series of projects.0 Environmental Setting Attach sheets that include a response to the following questions: 32.Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects.Describe any existing structures on the site, and the use of the structures.Attach photographs of the site.Snapshots or Polaroid photos will be accepted. 33.Describe the surrounding properties,including information on plants and animals and any cultural, historical or scenic aspects.Indicate the type of land use (residential, commercial. etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height,frontage,set-back,rear yard,etc.).Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and Information presented are true and correct to the best of my knowledge and belief. Date:filn1.1 /11 Signature:D Saile21-7, - For:(Wt*Iensen EniI neer'ni P-1(D)Page 4 of 4 Revised 07/10 (TIME LIMITS ONCityDevelopment ServicesofDISCRETIONARYPlanning Division Carlsbad PROJECTS 1635 Faraday Avenue (760) 602-4610 P-1(E)www.carlsbadca.gov PLEASE NOTE: 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 per•ed will start u • ••the date of the completion letter. If you have any questions regarding ••lica •sub '•requirements (i.e.,clarification regarding a specific requirement or whe .r all •.1.1 -ents are necessary for your particular application) please call (760) 602-4610.V ApplicantSignature: Staff Signature: Date: To be stapled with receipt to the application P-1(E)Page 1 of 1 Revised 07/10 TENTATIVE PARCEL MAP C •e City of WAIVER OF PROCESSING Developmnt Services Planning Division Carlsbad TIME LIMITS 1635 Faraday Avenue 760-602-4610P-1 (F)www.carlsbadca.gov Proposed Minor Subdivision No.: 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 •a •roved. The undersigned acknowle •s -s the processing time required by the city is expected to exceed the 50-day time rest "on a •hereby w.•es such time restriction for city planner action. • AIrII s.galiteirl A Signer is (check one): °Property Owner plicant Sig 7e Print N me Date il.Vitavk qsith.al 741 17 Sign s (check one): roperty Owner DApplicant Signature Print anie Date P-1(F)Rev. 04/13 4.7 STORM WATER STANDARDS Development ServicesCity01QUESTIONNAIRELand Development Engineering Carlsbad E-34 1635 Faraday Avenue (760) 602-2750 www.carisbadca.gov INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) Into the project design per Carlsbad BMP Design Manual (BMP Manual).To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision,discretionary permits and/or construction permits).The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project.Depending on the outcome,your project will either be subject to 'STANDARD PROJECT'requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an Initial assessment of the proposed project conditions and impacts.City staff has responsibility for making the final assessment after submission of the development application.If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete.In this case, please make the changes to the questionnaire and resubmit to the city. If you are Unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application.Only one completed and signed questionnaire Is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME:PROJECT ID:Carlsbad Twin Homes-Cazadero DRive ADDRESS:APN:Cazadero DRive 215-320-36 -00 The project is (check one):New Development CI Redevelopment The total proposed disturbed area is:9280 ft2 ()acres The total proposed newly created and/or replaced impervious area is:3751 ft2 )acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project Project ID 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 02/16 r _-SXEP 1 - .TO BE COMPLETED. FOR ALL. PROJEC=TS,_ To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building . or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered 'ryes" to the above question, !provide justification below then go to Step 5, mark the third box stating "my project Is not a 'development project'and not subject to the requirements of the BMP manual" and complete applicant Information. Justification/dIscussion: (e.g. the project Includes only interior remodels within an existing building): If you answered "no° to the above question, the project is a 'development project', go to Step 2. STEPp 2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1.Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a)Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas- ,0b)Designed and constructed to be hydraulically disconnected from paved streets or roads; c)Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2.Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in oaccordance with the USEPA Green Streets guidance? 3.Ground Mounted Solar Array that meets the criteria provided In section 1.4.2 of the BMP manual?0 If you answered "yes° to one or more of the above questions, provide discussion/justification below, then go to Step 5,mark the second box stating "my project is EXEMPT from PDP ..." and complete applicant Information. Discussion to justify exemption (e.g.the project redeveloping existing road designed and constructed In accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project Is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 04/17 - ° -5 MiPfV To determine If your project is a PDP, please answer the folloWng questions (MS4 Permit Provision E.3.b.(1)): YES NO 1.Is yoUr`pnojacto new development that creates i0.OUO oquaieleetormore uyimpervious surfaces collectively over the entire project site?This includes commercial,industrial,o*oidehbal,mixed-use,El 1Z and public development projects onpublic or private land 2.Is your project o redevelopment project creating and/or replacing 5.0U0 square feet or more of Impervious surface collectively over the entire project site on on existing site of 10.000 aquona feet or l 1more of impervious surface?This includes commercial,Industrial,residential,mixed-use,and public ~" development projects un public mrpnvmbaland. 3.Is your project a new or redevelopment project that Greates'and/or replaces 5,001) square feet or more of Impervious surface collectively over the entire project site and supports a restaurant?A restaurant io o facility that sells prepared foods and drinks for consumption, including stationary lunch counters and Fl 1Z refreshment stands selling prepared foods and dhnko for/mnnndlehe consumption (Standard Industrial Classification (S|C) code 5812). 4.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface coflectively over the entire project site and supports a hillside development project?Ahi||oido development project includes davo|ppmenLon any natural slope that iu twenty-five pmro*tor at 5.Is your project n new or redevelopment project that creates and/or replaces 5.000 square feet or more of impervious surface collectively over the entire project slie and supports a parking lot? A parking tot is a land area nr facility for the temporary parking or storage of motor vah|c|mu used personally for buuinaeoor for commerce. 8.Is your project new or nodeve|oprnont pnojg-ct that nromtab and/or replaces 5.000 square feet or more ,of impervious sbaat,noad,h|ghway,freeway urddvevxoysurface un||en#ve|y over the entire project l 0 o|(o?'4 street,road,highway,freeway or driveway Is any paved impervious surface used for ^~~ 'transportation of automobiles, trucks, nnotoncycle4 and other vehicles. 7.Is your project new orredevelopment project that creates And/or naplomms 2.500 square feet ormore of impervious surface collectively over the enUra site,and discharges directly to on Environmentally Sensitive Area (ESA)Y 'Discharging Directly to'Includes flow that Is conveyed ovorianda distance of El ZI 200 feet or less from the project to the ESA, or conveyed In a p1pe or open channel any distance as an Isolated flow from the project bothe ESA (i.e. no/omonnn/ng/odw/th flows from adponnthyndo).^ B.Is your project a new development or redevelopment project that creates"and/or replaces 6,000 square feet or more of Impervious surface that supports on automotive repair shop?An automotive repair l shop hra/ao8 categorized Standard /nduu/o/CVuuucahon(8/[) ~~ codes: 5013, 5014, 5541, 7532-7534. or 7536-7539. S.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 RG0's that /n*wt the /h0ominD criteria:(a)5,000 square t&et or more or (b)a project Average Daily Traffic (ADT)ny.Y00or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land Fl C0and are expected to generate pollutants post oonsbuution7 ^~ 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of Impervious surface or (2)increases Impervious surface on the property by more than 10%?(CIVIC El K] 21.203.O40) If you answered "yes' to one or more of the above questions, your project Is o PDP.If your project is o redevelopment project, Amtm 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 onovvaned "no" to all of the above questions, your project Is a 'STANDARD PROJECT.'Go to step 6,check the second box stating Wy project Is a'STANDARD PROJECT'_* and complete applicant Information. .,/r ..\ I I "' ..STEP 4. • . ._...... ,.- ...,-... TO BE COMPLXTED"FOR.REDEVEI_OPMENT'PROJECTS THAT AREPRIORITY DEVELOPMENT'PROJE.Op:(pP)'• Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacerrient 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) =0 sq.ft IE 0 Total proposed newly created or replaced impervious area (B)=3 , 751 sq. ft. Percent impervious area created or replaced (B/A)*100 =% If you answered "yes',the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development.Go to step 5,check the first box stating "My project Is a PDP ...'and complete applicant Information. If you answered "no," the structural BMP's required for PDP apply to the entire development.Go to step 5,check the check the first box stating "My project Is a PDP ....“and complete applicant information., STEP. 5'. CHECK THE APPROPRIATE BOX AND'COMPLETE APPLJOANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual.I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. [X]My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual.As part of these requirements,I will submit a "Standard Project Requirement Checklist Form E-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 Applicant Name:Joy Christensen Applicant Title:Assistant Engineer Applicant Signature:AitaAer? ,41 1121466 -Date:'OW "1,1tX/7 'Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) Impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and arm3ndments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the Elan Diego Basin (1994)and amendments); areas designated as preserves or their equivalent under the Multi Spades Conservation Program within the Cities and Courtly of San Diego: Habitat Management Plan; and arty other equivalent environmentally sensitive areas which have been Identified by tha City. This Box for City Use Only(i 0 YES NO :, City Concurrence:..•0 0• By: , Date: ., Project ID: E-34 Page 4 of 4 REV 04/17 ....‘-•. ) STANDARD PROJECTC Development ServicesCity of REQUIREMENT Land Development Engineering Carlsbad CHECKLIST 1635 Faraday Avenue (760) 602-2750E-36 www.carlshadca.gov •• Project Name:Carlsbad Twia Homes—Caiadero Project ID: DWG No. or Building Permit No.: Source Control BMPs All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible.See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for Information to Implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. c 'Yes" means the project will implement the source control BMP as described In Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual.Discussion/justification Is not required. •"No" means the BMP Is applicable to the project but it Is not feasible to implement.Discussion/justification must beprovided.Please add attachments if more space is needed. •"N/A"means .the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g.,the project has no outdoor materials storage areas).Discussion/justification may be provided. Source Control Requirement Applied? SC-1 Prevention of Illicit Discharges into the MS4 0 Yes 0 No E N/A Discussion/justification If SC-1 not Implemented: No illicit discharges are anticipated. SC-2 Storm Drain Stenciling or Signage 0 Yes 0 No El N/A Discussion/justification if SC-2 not implemented: No onsite storm drains exist to be stencilled. SC-3 Protect Outdoor Materials Storage Areas from Rainfall,Run-On,Runoff,and Wind persal 0 Yes 0 No la N/ADis Discussion/justification if SC-S not implemented: No outdoor material storage areas are proposed. • E-36 Page 1og 4 Revised 09/16 .t Source Control RequIreinent (continued)."Applied? SC-4 Protect Materials Stored In Outdoor Work Areas from Rainfall,Run-On,Runoff,and Yes No (21 N/A Wind Dispersal Discussion/justification if SC-4 not implemenfed: No outdoor material storage is proposed SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal g]Yes No U N/A Discusslon/justification if SC-5 not impleinented: Trash containers will be stored within proposed garages and will have lids. • SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and Identify additional BMPs. (See Table in Appendix El of BMP Manual for guidance). On -site storm drain inlets Yes No RI N/A Interior floor drains and elevator shaft sump pumps Yes No rio N/A interior parking garages Yes No R)N/A Need for future Indoor & structural pest control Yes No ui N/A Landscape/Outdoor Pesticide Use gl Yes No N/A Pools,spas, ponds, decorative fountains, and other water features Yes No al N/A Food service Yes No 21 N/A Refuse areas Ea Yes No N/A Industrial processes Yes No (2)N/A Outdoor storage of equipment or materials Yes No Ei N/A Vehicle and Equipment Cleaning Yes No I50 N/A Vehicle/Equipment Repair and Maintenance Yes No Ri N/A Fuel Dispensing Areas Yes No (E0 N/A Loading Docks Yes No [g]N/A Fire Sprinkler TeSt Water Yes No N/A Miscellaneous Drain or Wash Water Yes No N/A p Plazas, sidewalks, and parking lots 1=1 Yes No iK1 N/A For "Yes" answers, identify the additional BMP per Appendix El.Provide justification for "No" answers. E-30 Page 2 of 4 Revised 09/16 ,•-• •,-„.. Site;D sign BtiOff • -"•• All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible.See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown In this checklist. Answer each category below pursuant to the following. es" means the project will Implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion / justification Is not required. • "No" means the BMPs is applicable to the project but it Is not feasible to implement.Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Site Design. Requiremerkt Applied? SD-1 Maintain Natural Drainage Pathways and Hydrologic Features El Yes No tI N/A Discussion/justification If SD-1 not implemented: None Exist. SD-2 Conserve Natural -Areas, Soils, and Vegetation Yes No I giti N/A Discussion/justification if SD-2 not implemented: None Exist. • SD-3 Minimize Impervious Area WI Yes No , N/A Discussion/justification if SD-3 not implemented: SD-4 Minimize Soil Compaction Yes _ No 1 N/A Discussion/justification if SD-4 not Implemented: SD-5 Impervious Area Dispersion (4 Yes I No N/A Discussion/justification If SD-5 not implemented: • E-36 Page 3 of 4 Revised Dg/16 • J r :;-••• ----SlteDEislgn'Reqalre-ment.(edntfniied)—— _. • „. SD-6 Runoff Collection 0 Yes 0 No 10 N/A DIscussion/Juatification If SD-6 not Implemented: SD-7 Landscaping with Native or Drought Tolerant Species IN Yes 0 No JD N/A Discussion/Justific.ation If SD-7 not implemented: SD-8 Harvesting and Using Preciptbation In Yes I Zi No 0 N/A Discussion/Justification if SD-8 not implemented: Too little area to allow for use of DCU within 36 hours. • E-36 Page 4 of 4 Revised 011/1 6 ; CONDITION OF TITLE Guarantee Number. Issued By. CHICAGO TITLE INSURANCE COMPANY 73717006468 SUBJECT TO THE EXCLUSIONS FROM COVERAGE,AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE. CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A Chicago Title Insurance Company By: Chicago Title Company 2366 Northside Drive, Suite 600 4.14/1141244:San Diego, CA 92108 President Countersigned By:"94sun.44 -ttestfseorf.4),..,A (i=c42, SEAL Ij Authorized Officer or Agent Secretary Concticc of Title Guarantee CLTA Guarantee Form No. 28 (06M/2014)Printed:06.21.17 ©04 52 PM Page 1 CA-CT-FW00-02180.055820-SPS-1-17-737170064613 (- CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73717006468 ISSUING OFFICE: Title Officer:Richard Cesar Moore Chicago Title Company 2365 Northside Drive, Suite 600 San Diego, CA 92108 Phone.(619)521-3590 Fax (619)521-3690 Main Phone:(619)521-3500 Email:teammoore@ctt.com SCHEDULE A Amount of Liability Fee Title Officer $5,000.00 $500.00 Richard Cesar Moore Date of Guarantee:June 12, 2017 at 07:30 AM 1.Name of Assured:Hughes & Pizzuto A Professional Corporation 2.The estate or interest in the Land which is covered by this Guarantee is: Fee 3.The Land referred to in this Guarantee is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 4.ASSURANCES: According to the Public Records as of the Date of Guarantee, a.Title to the estate or interest in the Land is vested in: R.E. Hazard Contracting Company,a California Corporation b.Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. END OF SCHEDULE A Condition of Title Guarantee CLTA Guarantee Form No. 28 (88/05/2014)Printed 06.21.17 04.52 PM Page 2 CA-CT-FWDO-02180.055620-SPS-1-17-73717006466 • EXHIBIT "A" Legal Description For APN/Parcel ID(s):215-320-36-00 Lot.357 of La Costa Meadows Unit No.2,in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6905, filed in the Office of the County Recorder of San Diego County, April 21. 1971. Condition of Title Guarantee CLTA Guarantee Form No. 28 (08/05/2014)Pr-Intact 08.21.17 a 04:52 PM Page 3 CA-CT-FW00-02180.055820-SPS-1-17-79717(108488 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73717006468 SCHEDULE B 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 2016-2017. 2.The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions ofChapter3_5 (commencing with Section 75) or Part 2, Chapter 3,Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or asaresult of changes in ownership or new construction occurring prior to Date of Policy. 3.Property taxes, including any personal property taxes and any assessments collected with taxes, are paid.Forproration purposes the amounts were: Tax Identification No.:215-320-36-00 Fiscal Year 2016-2017 1st Installment:$308.44 2nd Installment $308.44 Code Area:09064 4.Water rights, claims or title to water, whether or not disclosed by the public records. 5.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 orgenetic information, as set forth in applicable state or federal laws, except to the extent that said covenant orrestriction is permitted by applicable law, as set forth in the document Recording Date:May 6,1971 Recording No.:93263. Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgageor deed of trust made in good faith and for value. 6.The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence. 7.The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation:R.E. Hazard Contracting Company a)A Copy of the corporation By-laws and Articles of Incorporation b)An original or certified copy of a resolution authorizing the transaction contemplated herein c)If the Articles and/or By-laws require approval by a 'parent' organization,a copy of the Articles and By-lawsof the parent d)A current dated certificate of good standing from the proper governmental authority of the state in which theentity was created The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF SCHEDULE B Condition of Title Guarantee CLTA Guarantee Form No. 28 (05/05/2014)Printed:08.21.17 tfl 04:52 PMPage 4 CA-CT-FWDO-02180.055820-SP5-1-17-73717006488 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73717006468 EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a)Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b)Defects,liens,encumbrances,adverse claims or other matters,whether or not shown by the Public Records (1) that are created,suffered. assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c)Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d)The Identity of any party shown or referred to In any of the schedules of this Guarantee. (e)The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f)(1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property or (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g)(1) Unpatented mining claims; (2) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1.DEFINITION OF TERMS The following terms when used in the Guarantee mean: (a)the "Assured':the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b)"Land":the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property.The term'Land" does not include any properly beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest. estate or easement in abutting streets, roads, avenues. alleys, lanes, ways or waterways. (c)"Mortgage":mortgage, deed of trust, trust deed, or other security instrument. (d)"Public Records":those records established under Gafifomla statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e)"Date of Guarantee":the Date of Guarantee set forth In Schedule A. (f)"Amount of Liability":the Amount of Liability as stated in Schedule A. 2.NOTICE OF CLAIM TO BE GIVEN BY ASSURED The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title orinterest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable underthis Guarantee.ff prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter ormatters for which prompt notice is required;provided,however,that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced try the failure and then only to the extent of the prejudice. 3.NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature ofany allegation in such action or proceeding. 4.COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED TO COOPERATE Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a)The Company shall have the right, at its sole option and cost, to Institute and prosecute any action or proceeding, interpose a defense,aslimitedInParagraph4 (b),or to do any other act which In its opinion may be necessary or desirable to establish the correctness of theassurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured.The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision ofthis Guarantee.If the Company shall exercise its rights under this paragraph,it shall do so diligently. (b)If the Company elects to exercise its options as stated in Paragraph 4 (a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses Incurred by an Assured In the defense of those causes ofaction which allege matters not covered by this Guarantee. (c)Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d)In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use,at its option, the name of the Assured for this purpose.Whenever requested by the Company, the Assured,at theCompany's expense,shall give the Company all reasonable aid in any action or proceeding,securing evidence,obtaining witnesses, prosecuting or defending the action or lawful ad which In the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured.If the Company is prejudiced by the failure of the Assured to fumish the required cooperation,the Company's obligations to the Assured under the Guarantee shall terminate. Condition d Title Guarantee CLTA Guarantee Form No. 28 (08/05/2014)Panted 08.21.17 @ 04:52 PM Page 5 CA-CT-FWDO-02100.055820-SPS-1-17-75717606488 - \\ CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73717006468 (continued) 5.PROOF OF LOSS OR DAMAGE (a)In the event the Company is unable to determine the amount of loss or damage, the Company may,at its option, require as a condition of payment that the Assured furnish a signed proof of loss.The proof of loss must describe the defect, ten, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b)In addition,the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee. which reasonably pertain to the loss or damage.Further,if requested by any authorized representative of the Company,the Assured shall grant its permission,in writing, for any authorized representative of the Company to examine, inspect and copy all records,books,ledgers,checks,correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the loss or damage.All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not bedisclosedtoothers unless.in the reasonable Judgment of the Company,it Is necessary in the administration of the claim.Failure of theAssuredto submit for examination under oath,produce other reasonably requested information or grant permission to secure reasonablynecessary information from third parties as required in the above paragraph,unless prohibited by law or governmental regulation,shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: (a)To pay or tender payment of the Amount of Liability together with any costs. attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b)To pay or otherwise settle with the Assured any claim assured against under this Guarantee.In addition, the Company wit pay any costs, attomeys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay: or (c)To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys'fees,and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company isobligated to pay. Upon the exercise by the Company of either of the options provided for In 6 (a),(b)or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7.LIMITATION OF LIABILITY (a)This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described,andsubject to the Exclusions From Coverage of this Guarantee. (b)if the Company,or the Assured under the direction of the Company at the Company's expense,removes the alleged defect,lien.or encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any methad. including litigationand the completion of any appeals therefrom,it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c)In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d)The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8.REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee,except payments made for costs,attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9.PAYMENT OF LOSS (a)No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b)When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10.SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected byany act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued.If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation.The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to an rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/0512014)Printed'06.21.17 04:52 FM PElQa 6 CA-CT-FWDO-02180.055820-6PS-1-17-73717606468 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73717006468 (continued) 11.ARBITRATION Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules").Except as provided In the Rules, there shell be no joinder or consolidation withclaims or controversies of other persons.Arbitrable matters may include, but are not limited to, any controversy or claim between the CompanyandtheAssuredarisingoutof or relating to this Guarantee.any service of the Company In connection with Its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee.All arbitrable matters whentheamountof liability is Two Million And No/100 Dollars ($2,000,000)or less shall be arbitrated at the option of either the Company or theAssured.AU arbitrable matters when the amount of liability is in excess of Two Million And No/100 Dollars ($2.000,000) shall be arbitrated onlywhen agreed to by both the Company and the Assured.Arbitration pursuant to this Guarantee and under the Rules shall be binding upon theparties.Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12.LIABILFTY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a)Thls Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between theAssured and the Company.In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b)Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c)No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by eitherthe President,a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13.SEVERABILITY In the event any provision of this Guarantee,in whole or in part,is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to Include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14.CHOICE OF LAW; FORUM (a)Choice of Law.The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premiumchargedthereforinrelianceuponthelawaffectinginterestsinrealpropertyandapplicabletotheinterpretation,rights,remedies,orenforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that areadverse to the Assured and to interpret and enforce the terms of this Guarantee.In neither case shall the court or arbitrator apply its conflictsof law principles to determine the applicable law. (b)Choice of Forum:Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal courtwithin the United States of America or Its territories having appropriate jurisdiction. 16.NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shaft be addressed to the Company at Chicago Title Insurance Company P.O. Box 45023 Jacksonville. FL 32232-5023 Attn:Claims Department END OF CONDITIONS Condition of Trite Guarantee CLTA Guarantee Form No. 28 (06/05/2014)Printed:06.21.17 ©04:52 PM Page 7 CA-CT-FIA00-02180.055E120-SPS-1-17-73717006466