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RP 05-08; Rombotis Building; Redevelopment Permits (RP)
JliLobAU REDEVELOPMENT AGEN( PERMIT APPLICATION PLEASE CHECK ALL THAT APPLY: ^ ADMINISTRATIVE PERMIT I I New construotion of building(s) or addition(s) to the building footprint which have a building permit valuation which is equal to or less than $60,000. I I Interior or exterior improvements to existing structures which result in an intensity of use. I I Provisional land uses, where a minor or major redevelopment permit is not required. I I Changes in permitted land uses which result in site changes, increased ADT, increased parking requirements, or result in compatibility issues/problems. I I Signs for existing businesses or facilities. I I Repair or maintenance activities which are not exempt from obtaining a permit. COASTAL DEVELOPMENT PERMIT MAJOR REDEVELOPMENT PERMIT I I New construction of building(s) or addition(s) to the building footprint which have a building permit valuation which Is greater than $150,000. Variances for projects within this category. • • • MINOR REDEVELOPMENT PERMIT I I New construction of building(s) or • • addition(s) to the building footprint which have a building permit valuation which is greater than $60,000 but less than $150,000. Variances for projects within this category. Variances for projects which would othenwise be exempt or be eligible for an administrative permit. • MISCELLANEOUS REDEVELOPMENT PERMIT I I A-Frame Sign I I Sign Permit • SignProgram I I Sidewalk Tables/Chairs I I Outdoor Displays I I Other PROJECT TITLE: hhOi^^O^ %)mbo^b 3u}lAini\ Brief description ofproject: J^f^'^jTid^oin o-f- /^L ^^T^WS' f'f^ /YlouAt^ p^e^kmAj Sn^tAll^Of^ d<^'^ncoO \ nloor ^uip^e^ir CASi/!t>fs in^idt. ^^3t(>n^ [^QOI^ OA) hir^T" -jP-lapr o\ huiUii^^K. Xr]^ru\ n^ ^o-^f^P ^lcoh)eM 3ir\/\e4j ^n^do d^/yn/?^ Property Location: APN(s): d.0^-nS-02> Street Address 5^6> CAribboX iJfll(LA-(^ ])C Applicant's Name CUMU U A IVi f jiJc Owner's Name Address ^.^-ht^^Snno Telephone Number IhO •*lQ^'^-1Hli (luf^ '2mhoiK Address Telephone Number ^(aQ -'ll'D - ?)H(h ^ K/fff^n Mil/ THE AREA BELOW IS TO BE COMPLETED BY CITY STAFF FEES FOR APPLICATION PROCESSING: (List type of fee and amount) cO RECEIPT OF APPLICATION Date Application Received_ Application Received by_ Permit Number Assigned R Ph^.^ ~f)^ LRLSBAD REDEVELOPMENT AGEN( ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT 1. APPLICATION APPLIED FOR: (CHECK BOXES) • New Construction of building(s) or addition(s) to the building footprint which have a building permit valuation which is equal to or less than $60,000. • Interior or Exterior Improvements to existing structures which result in an intensity of use. • Provisional Land Uses, where a minor or major redevelopment permit is not required. • Changes in permitted land uses which result in site changes, increased ADT, increased parking requirements, or result in compatibility issues/problems. • Signs for existing businesses or facilities. • Repair or Maintenance Activities which are not exempt from obtaining a permit. LOCATION OF PROJECT Address: ^9,6 Qjlbh^ \lli l^jA. Vfil/t^ Bordering Streets: North: South: East:_ West: lUll5h 'iA}^h n SttteAt Assessor Parcel No. Legal Description: Within Coastal Zone: Within Appealable Area of Coastal Zone: Land Use District within Village: Yes Yes ^ 1 • 4 • 7 • • • No No • • • rRLSBAD REDEVELOPMENT AGEI ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT DESCRIPTION OF PROJECT Project Name: Mf>Of?>-^Q^ "K^mbo4t3 bUtUm^ Please provide a complete description of the project proposed for approval underthis application. Provide any details necessary to adequately explain the scope and/or operation of the proposed project. You may attach additional pages to this application if necessary to explain the project: 4. AUTHORIZATION TO INSPECT PROPERTY In the process of reviewing this application it may be necessary for members of City Staff, Design Review Board Members, or City Council members to inspect and enter the property that is the subject of this application. 1/we consent to entry onto the subject property for this purpose. Name: yC^.f^i KLitT^I^P^ Date: <l-l-OS' Signature: ^^^^jiAi^ (XIMA/, (\^^^ Applicant ^4 or Owner • tRLSBAD REDEVELOPMENT AGE^4^ PERMIT APPLICATION & DISCLOSURE STATEMENT 5. PROPERTY OWNER INFORMATION/CERTIFICATION Name: ^D^tTf H %nne^/niit^ <iChLrlD ff^M Ihih^eA- Mailing Address: V-6 ^ Bnf. /TOOO Daytime Telephone No.: ^(oO^/^^^l^d (jzrr^ KDtnhoh^ jh^^S^C ofbuilJUAc) U^^^ BH, ;t the Names and Addresses of all persons having an ownership interest in the property involved- . je.rr\J Kotnioou^ If any person identified above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership: If any person identified above is a non-profit 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 trust: Have you had more than $250 worth of business transacted with any member of City Staff, Boards, Commissions, Committees, and/or Council within the past twelve (12) months? • Yes No If yes, please indicate person(s): Certification Statement I Certify that I am the Legal Owner of the subject property for this application and that all of the above Information is true and correct to the best of my knowledge. This application is submitted with my consent and I agree to accept and abide by any conditions placed on the subject property, including use of buildings, as a result of approval of this application. Signature ''^I'^^l^^ Date: ?^l-0^ tffeLSBAD REDEVELOPMENT AGEN^ ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT 6. APPLICANT INFORMATION/CERTIFICATION Name: Oj/{/AuJar~ lA)\f(Ac^<> Mailing Address:_ Ui^lC hWL Daytime Telephone No.: V^Q-7/5"^-3^/6 J^ATe^ AAW^ /^rj^T List the Names and Addresses of all persons having a financial interest in the application: (^An^iiLLir \A)ifdcss- h'^^j Lu^LMvJ. ^nhu., ,C4^PV^f If any person Identified above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership: If any person identified above is a non-profit 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 trust: Have you had more than $250 worth of business transacted with any member of City Staff, Boards, Commissions, Committees, and/or Council within the past twelve (12) months? • Yes ^ No If yes, please indicate person(s):. Certification Statement I Certify that I am the Legal Owner's representative and that all of the above information is true and correct to the best of my knowledge. I have been authorized by the legal owner of the subject property to submit this application and I agree to accept and abide by any conditions placed on the subject property, including use of buildings, as a result of approval of this application. Signature ^^((IAJ^J/}JA^^ Ol^t^j^ Date: RP 05-08/CDP 05-36 - rini|iil ilili ilTlii Rombotis Building The remainder of this application shall be compieted by City Staff: 7. RECEIPT OF APPLICATION Date Application Received: 08/04/05 Application Received bv: Housing & Redevelopment Permit No. Assigned: RP 05-08/CDP 05-36 8. FEES FOR APPLICATION PROCESSING The following fees shall applyto this application; list t>pe of fee and amount: $335.00 - Administrative Redevelopment Permit Total Fee(s) required for this application: $335.00 Date Fee(s) collected by City Staff: 08/04/05 Receipt No.: R0051816 9. ACTION ON THE APPLICATION The following action has been taken bythe Housing and Redevelopment Director on this application: Approved subject to conformance with plans submitted as part of application, dated ^Hj^^. Approved, with conditions. See conditions noted below. Denied. Reason Housirjg-aod Redevelopment Director Signature: Date: 10. FINDINGS AND CONDITIONS OF APPROVAL (IF APPLICABLE) Page 1 of2 The following findings have been made in order to approve the Administrative Redevelopment Permit and Coastal Development Permit for the installation of an unmanned telecommunications facility on the existing building located at 325 Carlsbad Village Drive: 1. The Housing and Redevelopment Director has determined that the project is consistent with the policies, goals and action programs set forth within the Carlsbad General Plan. 2. The Housing and Redevelopment Director has determined that the project is consistent with all applicable development standards and land use policies set forth within the Village Master Plan and Design Manual and Village Redevelopment Plan. 3. The construction and Installation of small new equipment facilities or structures is a Class 3 Categorical Exemption under the California Environmental Quality Act (CEQA) State Guidelines section 15303. The Federal Communications Commission (FCC) requires compliance with radio frequency power density standards (ANSI/IEEE C95.1-1992) for the general public; therefore, the project would not have a significant impact on the environment A Notice of Exemption will be filed upon final project determination. Page 22)| The following conditions havelWen approved for the subject projeci 1. This approved permit serves as the required redevelopment and coastal development permits for the subject project. The applicant has received approval to install cellular equipment within the attic space of the existing building, and mount three antenna sectors of four antennas each behind three new dormer windows constructed to integrate within the building on the existing building located at 325 Carlsbad Village Drive. 2. The project shall be completed according to, and consistent with, the plans approved by the Housing and Redevelopment Director on the date noted above. The approved plans have been stamped bythe Housing and Redevelopment Director and indicate the approval date of . 3. No signage advertising the proposed use shall be permitted on the subject building. 4. The applicant shall obtain all appropriate building and electrical permits from the Carlsbad Building Department priorto installation ofthe cellular antenna faciiity. 5. Colors and materials used to screen panel antennas shall match colors and materials of the existing building. The panel antennas shall be screened by RF transparent material that will mimic the design, style, colors and materials of existing dormers on the building. 6. Housing and Redevelopment staff shall conduct a final inspection of the antenna array and associated screening priorto final Inspection bythe City Building Inspector. 7. A Knox Key Box shall be installed on the exterior of the access door in accordance with Fire Department requirements. 8. A 2:a-10BC fire extinguisher shall be required to be installed in accordance with Fire Department requirements. This permit shall be subject to revocation if the applicant fails to conform to any of the above conditions of approval. cinguiar" WIRELESS PROJECT DESCRIPTION & JUSTIFICATION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY NS013-02 Rombotis Building 325 Carlsbad Village Drive Carlsbad, CA 92008 Prepared for: Carlsbad Redevelopment Agency 2965 Roosevelt Street Carlsbad, CA 92008 Prepared by: PlanCom, Inc. Contractor Representatives for Cingular Wireless 302 State Place Escondido, CA 92029 (760) 715-3416 Contact: Karen Adler, Planning Consultant August 2, 2005 Project Description (NS013-02) Page 1 8/2/2005 Cinguiar WIRELESS PROJECT DESCRIPTION/HEIGHT JUSTIFICATION Cingular Wireless (CW) is proposing to construct, operate, and maintain a wireless PCS facility consisting of a total of twelve (12) antennas, four (4) antennas each in three (3) antenna arrays. The antennas will be located behind RF transparent screens inside three (3) new dormers on the north and south rooftops of the existing building. The new dormers will be architecturally integrated into the existing roofline and will not extend above the existing building height of 34 feet 3 inches. The dormers will also be finished to appear as additions to the existing building and match the existing building in color, material appearance and texture. Photo simulations of the proposed project are provided with the application for the agency's review. The supporting equipment will consist of the following: eight (8) self-contained Base Transceiver Station (BTS) indoor equipment racks, one (1) electric meter panel, and one (1) telephone interface. Each of the BTS units will contain the electronic equipment necessary to operate the facility. The indoor equipment will be located inside of an existing storage room on the first floor of the building. The specific location and design of the proposed facility is illustrated in further detail on the site plan and elevation drawings. PROJECT JUSTIFICATION Cingular Wireless is a public utility, licensed and regulated by the Federal Communications Commission (FCC) and informally by the California Public Utilities Commission (CPUC), and authorized to develop and operate a new wireless, digital PCS network throughout California and parts of Nevada. CW engineers responsible for the overall design and operation of the PCS network want to ensure that network coverage is available throughout their license area, including the City of Carlsbad. The proposed site location is essential to meeting the network's current capacity and coverage needs in this area. At present, the network coverage in this portion of the City of Carlsbad has been determined to be deficient. The proposed facility is intended to address this need, and by design will interface with neighboring sites to provide high quality, consistent network operations to CW customers. In October 2004, the FCC granted final approval of Cingular's nationwide purchase of AT&T Wireless Services. As a condition of the sale, Cingular was required to sell all of its interest in Pacific Bell Wireless to T-Mobile USA effective January 5, 2005. Cingular Wireless sites permitted prior to January 5, 2005 are now under the sole control of T- Mobile. Cingular Wireless is now in the process of replacing coverage in areas where the newly-purchased network is deficient. The proposed site allows the applicant to Project Description (NS013-02) Page 2 8/2/2005 Cinguiar' WIRELESS provide coverage in the Carlsbad Village area along Carlsbad Boulevard, Carlsbad Village Drive and the surrounding residential communities. SITE CHARACTERISTICS The underlying zoning of the proposed site is VR-Village Redevelopment. The current on-site use is a two-story commercial office/retail building. The proposed use is an unmanned wireless communication facility. The surrounding land uses are as follows: North: Carlsbad Village Drive/Commercial district South: Residential East: Restaurant/commercial West: Restaurant/liquor store OPERATION & MAINTENANCE Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, a CW technician will service the facility on an as-needed basis. Generally, this is likely to occur once per month during normal working hours (between 7 AM, BAM on Saturdays, and Sunset). A computer may handle much of the operational adjustments remotely. A CW technician in a service van or pickup truck-size vehicle will perform the routine maintenance operation. Beyond this routine maintenance service, CW typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted during an emergency. SITE SELECTION/PREFERRED SITES The proposed project site is zoned VR, Village Redevelopment, which is classified as a non-residential zone in the location guidelines adopted per Council Policy 64, Section A.l.c. of the City of Carlsbad zoning ordinance. As such, the project site is a ''Preferred Location" and is encouraged by the Wireless Communication Facilities (WCF) guidelines. The three new proposed dormers on the existing building are designed to conceal the antennas. The surrounding properties in the area of the proposed site are predominantly commercial with a residential apartment complex immediately south of the proposed project site. Project Description (NS013-02) Page 3 8/2/2005 Cinguiar WIRELESS LANDSCAPING No additional landscaping is proposed for the project. HAZARDOUS MATERIALS Sealed lead acid batteries are used for back-up power in the event of a power failure on most Cingular Wireless facilities. The batteries are often referred to as ''gel cell" type batteries. Specifications for the batteries are provided as an attachment to this application. OPERATIONAL FREQUENCY CRITERIA The FCC has allocated a portion of the radio spectrum to CW for the provision of PCS. The proposed communications facility will transmit at a frequency range of 850 MHz and 1950 MHz. The power required to operate the facility typically does not exceed 200 watts per channel. By design, the CW facility is a low-power system. Depending upon characteristics of the site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non-ionizing waves generated at less than one (1) microwatt per square centimeter, which is significantly lower than the Federal Communications Commission (FCC) standard for continuous public exposure of 900 microwatts per square centimeter. The proposed PCS communications facility will operate in full compliance with the standards for radio frequency emissions as adopted by the FCC. Project Description (NS013-02) Page 4 8/2/2005 Mah 17 2000 2:0GflM HP LRSERJET FRX p. 1 RECOtVDING REQUESTED BY: Arthur S« Browi A-t-torney a-b Law WHEN RECORDED SBVtmt TO AND KAIL TAX SrrATEMBNTS TO: CHARLOTTE L. THATCHER 3490 Seaorest l^lvs CaxrlBbad, Califomia 92006 S339 QUITCLAIM DEED DOC II l??l-04043<5? SAH OIECO ttm) RECCRDES'S OrnCE AKKETTE W. mJI FEOIRDER RfJ 5.00 FEESi AT' 3. DO Tt f1F« LOO A.P.M.s 203-*17&-03 MORB COMMONLY KNOWN AS 325 Elai Avenue, Carlsbad, California THE imOERSIGNBD GRANTOR DECLARES ('Ttlis conveyance Is mada by Testamentary 3r^f*?w^^4 . ^^^^ toenaficiarlea who became entitled to FOR NO CONSIDERATION, ROBERT H. SONNEMAN and CHARLOTTE L, THATCHER SSMISST^J*'?.*®®® tlxe trust created by the Will of RUDOLPH H1 SONNEMW*^ deceased hereby remises, releases and forever QUXTCLAiris to ROBERT H. SONNEMAH and CHARLOTTE L. THATCHER, emiallv as tenants in common, the following described teal property in the County of San Dlego, State of California: Legal deeoription attached hereto and made a part hereof est EXHIBIT "A" '.CO 9 DATED: ROBERT K. SONNEMAN *~ Co-trustee under the trust created by the Mill of Rudolph H. Sonneman, deceased. rCHBR CHARLOTTE ' Co-trus tee under the trust created by the Will of Rudolph H. Sonnesian, deceased. Mar 17 2000 2:0GRM HP LRSERJET FAX p.2 EXHIBIT "A' That cartain iwlce or parcal of real property in the City of Cariabad, County of San Diego, State of Califomia, commonly know and numbered 325 Blm Avenue, Carlsbad, California, and nore partioularly described a« follova: That part of Txr«ot Ninvty-eight of Carlsbad Lands in tha County of San Dlego, State o£ Califocnia, aooording to Map tharaof tio. filed in tha office of tha County Recorder of San Diego County March 1, 1915, boundad by a line desccibad as followss Cotnnencing at tha most Northwesterly cornac of said Tract Hlnaty-slghtt running thence Horth 55«27« Beat along tha Hortharly boundary line of said Tract, which ia alao the Southerly boundary line of Elm Avenaa, a beginning, oonUnoing thence Worth 55*27' Bast along the same Una a distance of 100 fea to a point; thence South 34»33' Eaat a diatanca of 200 feet to a point in the Southerly boundary line of said Tract 981 thence South S5"27» Wast along said Southerly boundary line a distanoe of 100 feet to a pointi thencs North ii^^l* West a distance of 200 teet to tha point of beginning. Mar 17 2000 2:06RM HP LRSERJET FRX p.3 RECORDING REQUESTED BY: Arthur S. Brown Attorney at Law WHEN RECORDED RETURN TO AND MAIL TAX STATi^MENTS TO: CHARLOTTE L, THATCHER 3490 Seacxrest Drive Carlsbad, California 92O08 , , DOC i 1991-0414359 l'i-AUe-i99l- 11=21 AM OFFICIAL RECQFiDS 2050 Sa^l OIECO COL'NTy SEEORDER'S CFFL'E AHHETTE EVANS, COUKTY RECORDER 9ft 4.00 FEES: 7.30 Af: 2.00 ec ilFs I.OO QUITCLAIM DEED A.P.N,i 203-175-03 MORE COMMONLY KNOWN AS 325 Elm Avenue, Carlsbad, California THB UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TAX is O-O- (transfer to revocable living trust) FOR NO CONSIDERATION, CHARLOTTE L» THATCHER, hereby remises, releases and forever QUITCLAIMS to CHARLOTTE L. THATCHER, trustee under the CHARLOTTE L. THATCHER REVOCABLE TRUST dated April 23 1991, for the benefit of CHARLOTTE L. THATCHER, the following described real property in the County of San Dieoo, State of California: Deecribed and attached hereto' and made a part hereof as EXHIBIT "A" DATED: CHARLOTTE L. THATCHER T STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On this day of 19*^\f, before me, the undersigned, a Notary Public in 4nd for said County and Stata personally appeared CHARLOTTE L. THATCHER, known to lae to be the person whose name is subscribed to the within instrument and acknowledged that CHARLOTTE L. THATCHER ej<ecuted the same. WITNESS my hand ond official seal. OrnciAL NOTARY SEAl «jHW»».tI«OWW **otefthMC'^CamnU. r MwoEoocoSiffy Ncff^i^'Subllc^n^nd fof said County and State > Mar 17 2000 2:06RM HP LRSERJET FRX p,4 2051 EXHIBIT ^* ^ 4»i*.o-r*»fifc in and to that cartain piece A one-half (1/2) undivided ^"^^55^^,^^ of Carlsbad. County of San or parcel of ^^^\f^?f^^^V\l^l^^^^ nui^bered 32D Elm ^iSS^,'SriseldrJaf?!S^nla^^^^^^^ particularly dascribed as folloviss Th.t p«t.o£ Tract ^SS^ofNo^W^^'^Ue/ bounded by a Une descr Lbad as follows: commencing at the -«^«-%^V^?^^r l^on^X °Nor?^^^^^ mnning thence North 55-27' Ea|L along the^N^^^^^^^^ said Tract, which ^^'^.^^^^c® bao inn Ing, continuing thence distance of 100 feet to the Point of 100 fee to a poi 55»27' East along the same line a "distance oz , south 34-33' East a ^^/^^^^J^^^tf%«',^%h?n^^ Sou?h^S5-27' V- Scutherly boundary line ^J^S^„/^*°a\etance of 100 feet to e yoi ?&^^N^o^rtr55-5l^ r;t'"a^ ii^"t"ance''S'^^"2^00 ..eet to the point beginning. Mar 17 2000 2:06RM HP LRSERJET FRX p.5 RBCQRD1N0 SEQUESriHD BY: ARTHUR S. BROWN Attorney at IAW \VHEN iUSCCOUSBD NfAIL TO AND MAIL TAX STA16MENTS lO: CKAIUJOTTB L. THATCHER 5490 Se$«nst Drive Carisbad, CaUfornia 92008 ms DOC II 1995-0550785^^ SFt iOO Fl£Ss 10.00 (Ft 3.00 DC Iff* m QUnOAIMDEED A.FJf.: 2Q3 175 03 MORB COMMOMLY KNOWN AS 325 Oarlsbfld VUlage Drive. Carlsbad, Califoma THE UNDERSIGNED ORANTOR DECURES DOCUMENTARY TAX U $-0- (transfer from revocable Uving trast) FOR NO CONSIDERATION, CHARLOTIE L THATCHER, Trustee nader tbe CHARUmE L. THATCHER REVOCABtE TRUST <Iftted April 23.1991, for the baoefit of CHARLOTiB THATCHER, beieby remises, releases end £oiever QUrrCLAIMS to CHARLOTTB L. THATCHER, an umttarried woman, an undivided one-balf (1/2) interest in and to tbe foUowfiog desaibed real profkerty in the Ooun^ of San Dlego. State of California: See legfil description attached hereto as Exhibit "A* and made a part beieof. Dated: ^^^T , wST" (^rfiCfl^^a^v^^ig^ CHARtbTIEL^^ $TAtB OF CALIFORNIA ) } s& OOUNTY OF SAN DIEOO ) On \9%"heib3xt me; ARTHUR SL BROWN, a Notaiy Public^ peiBoniUy appeared CHARLOTTB L. THATCHER, penonally koowm to me (or proved to me oa the basis of satisfactory evideoee) to be tbe person sthosb name is snbscribed to dxe witbin instniment and acknowledged to me tbat she wtftfiittrd the sama in her anthorized capad^, and that by ber signature on fhe instrufflent tbe person ot entity upon bebalf of wfaicb die petson acted, cscecuted tbe instcuoient WITNESS my hand and oefidal seal. »VE ADDRESS Mar 17 200Q 2:0GRM HP LRSERJET FRX p.G ! . 4ft <•'*!' » STATE OP CAUFORNIA ) COUNTY OP SAN D2BG0 ) ^390 On this 2^ (J STATE OP CM,IFORNIA ) COUNTY OP EAN DIEGO j ) sa. person whosa ^CHARLOTTE L. SaArrniiia County and sV^J?^ OTOCjALMOTAayftBAL Mar 17 2000 2:0GRM HP LRSERJET FRX p.7 BJtHIBIT -A- ^391 ?SMiJIS^'S.n«''*l?„rTh'5S.^'^^:''''''l' """er ol said Tr.o* ».« . Southerly bourSarv / aietence of 200 fLi- ? ^ * point? beginning. " ^^""^ « distance of 20o feet to the° poi?Ji^"*'f .i«H^»^fl»i. , LLU -Vl.L..,., ^ Mar 17 2000 2:0GRM HP LRSERJET FRX Thet pert of Tract Hi t Ccnwancing at tha mo^t, M^.*K . . l^glnning. ' ''^ a distance of 20<> feet to Jh^^ jJjjPj*:'^"*^^ p.a Mar 17 2000 2:07RM HP LRSERJET FRX p.9 RECORDINO REQUESTED BY: ARTHUR S. BROWN Attorney at Xaw WHEN RfiOOR]^ MAILTO AND MAIL TAX STATEMENTS TO: CHARiOTTB L. THATCHER, TVustee 34$0 Seacrest Drive Osrisbad, California 92006 1767 DOC « 1995-0550786 05-DEC-1995 10tl6 AH OFFKIft. ISCQKI6 SiWDlEfiOIIimREaUIKtlffl GfiESXY SRITHf QUfTY RECOHOS^ RFl ^09 FEESi 111.01) ItF' 1.00 QUrrOAIMDBED AJ203 175 03 MORB COMMONLY KNOWN AS 325 Carisbad ViUage Drive, Cadsbad, Califbrnia THB UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TAX Is $-0- (trajisfer to rewcabile living trust) FOR NO (X>NSIDBRA'n(^^ CHARLOTIB L THATCHER beteby remises, releases and forewer QUmXAIMS to CHARLOTTE L THATCHER, JANIS P. FOtH and JANE M. JOHNSON, as Tmstees under the THATCHER FAMILY REVOCABLE TRUST dated September 2S, 1995, for tbe benefit of CHARLOTTB L. THATCHER, an imdivided one-hatf (1/2) interest in and to tbe foUowmg described real {vopeny in tbe County of San Diegio, State of Califomiai See legal description attadbed beieto as Exhibit *A" aad made a part bereot Dated; .l^iT dM^A^'/ ^^/rt-i&^ CHARLOTTES THATCHER STATB OF CAUFORNIA ) COUNTY OF SAN DfEGO ) On ^<p\r tr' .ISgtrPefore me^ ARTHUR & BROWN, a Notaiy PubUc^ personiOy appeared CHARLOTIB L THATCHER, persosiaQy known to me (or proved to roe on tbe basis of satis£s€toiy evidence) to be tbe person whose name is subscribed to tbe witbin instnunent and adcnowledged to ine tbat she executed tbe same In her authorized c&pad^, and that 1^ ber signature on tbe instnna^ entily upon behalf ocwfaid) flie person acted^ execnted tbe butrument WITNESS my band and official aeal Si] iVEADDRESS eMSi amKes-aaoMM i CaMM.#MBtllS i swcwBOooianv f Mar 17 2000 2:07RM HP LRSERJET FRX f EXHIBIT "A* Thai: certain paloe or paroel of real property in the City of Carlaibad, bounty of San Dlego, S-tatw of Callfomie, coraoKMiiy know and Rusbered 328 Bin Avenue, Carlebad, Califomia, end store partioularly deaoribed aa follows: That part of Tract Mlnety-ai^ht of Carlsbad Lands in the County of San Diego, State of CaUfornia, according to Hap thereof filo. i««l, filed in the office of tha County Recorder of San Oiego County March 1, 1915» bounded by a Una described aa follova: cosnenoing at the moat Northwesterly corner of said Tract Nlnety-elghti running thence Horth 55«27« Bast along the Northerly boundary line of said Tracts whldl ia also the Southerly boundary line of Blm Avenoe, a distance of 100 feet to the point of beginning, oontlnulng thence Morth 55*27* Bast alcng tbe aaaa line a distance of 100 fae to a pointi thence South 34*33* Beat a distance of 200 feat to a point in the Southerly boundary line of aaid Tract 98| thence South 55*27* Vest along said Southerly boundary Uns a distance of 100 feet to a pointi thenoe North 34*33^ Heat a diatanca of 200 feet to the point of beginning. p. 10 Mar 17 2000 2:07RM HP LRSERJET FRX p.11 6936 RECDRDINO REQUESTBD BY: ARTHUR S. BROWN Attomey at Law WHEN REC30RDED MAIL TO AND MAIL TAX STATEMENTS Ta CHARLOTTE L. THATCHER, Trustee 3490 Seacrest Diive Carlsbad, CalifiMiiia 92008 DOC ft 1999-0692095 Oct 13.. 1999 3 s 25 PM QFFICM RECORDS SMI DM CMTY RECORDER'S OFFICE GREGORy 3, SHITH, (MTV RECORDER FEES: 14.00 OC: OC QUITCLAIM DEED isM'Oeosoea A.P,N.: 203 175 03 MOim a>MMONLY KNOWN AS 325 Carlsbad Village Drive, C^^^ THE UNDERSIGNED ORANTOR DECLARES DOCUMENTARY TAX is $-0-(name change) FOR NO CONSIDERATION, CHARLOTIE L. THATCHER, JANIS ?. FITCH and JANE M. SINGH (fonnedy JANE M. JOHNSON), as Trustees under the THATCHER FAMILY REVOCABLE TRUST dated September 25, 1995 hereby renrise, release and forever QUITCLAIMS an undivided on-half (1/2) interest to CHARLOTTE L. THATCHER, as Trustee under the CHARIX)TIE L. THATCE^ TRUST dated April 23,1991, First Amendment dated September 25,1995, Second Amendment dated September 24,1997 and Third Amendment dated August 4, 1999, for the benefit of CHARLOTTE L. THATCHER, the foUowing described real property in the County of San Diego, State of Califomia: Thm certain piece or parcel or real property in the Oiy of Carlsbad, County of San Diego, State of Califon^ commonly known and numbered 325 Elm Avenue, Carlsbad, Califomia; and more particularly described on Exhibit "A" attached hereto and incorporated hereui by this reference: ^/Y .191/ (U4^A^</^J.^ Dated: Dated: Dated: ^19lf CHARLOTTE L THATCHER, Trastee JAiyXS P. FITCH Ttartee ^ M. SINGH MAIL TAX STATEMENT TO ABOVE ADDRESS Mar 17 2000 2:08flM HP LRSERJET FRX p. 12 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) 6937 Qn nJ 19^9 , belwrc me. ARTHUR S. BROWN, a Notaiy PubBc, peraonally i CHARLOTTB U TH^^CHER. person^ laiowB to me appeared CHARLOTTE U THATCHER, person^ launva to me (or proved to me on the basb of aatiafantniy esideiice) to be tbe person whose name is sobscribed to tbe within tnft^nt^ffnt and acfeDo<H4e4ged to me tbat she executed the saihe in ber authorized capadtsr, and that hf ber signature on the instntment tbe person or entity upon bebalf of v^iich the person acted, executed tbe tnsCnunent. WITKESS my band and official seal. m ^ ^ STATE OF CALIFORNL\ ) } as. ) •4Sw4k< ASrmURS.BR0Wh4_ Commisston #1213729 Notary PuWlc—Caniomla = SanDiego County \ COUNTY OF SAN DIEGO Oa ^ 19*^ . befeae me. Arfi^T^^to^ 5; Q/lc^..^.^^ ^ ^ peiaonaUir appeared lANB M. SINGH, personally knoiwn to me (or proved to me on tbebada of aatisfiutoiy evidence) to be tbe porson whose omne is subscribed to tbe witbh mstrament and acknoadedgpd to me that sbc executed tbe same in b^ authorized capacity, ahd that \yf ber sigriature on tbe fai&Crument the person oc entity vpon behalf of wbicb tlte person acted, executed the instnunent WITNESS my band and official aeaL Sighature STATE OF CAUFORNIA COUNTY OF SAN DIEGO 1 ARTHUR 5. BROWN I Commfssfon# ]2>d729 'Notary Public —Calltorrto s Son Diego Counfy I ) ) ss. ) On 19^ . bcfisi©me^^>^C^'^^s^A^- ^.(V-^8<>>>-^ a Nolary Pnblic. personally appeared JANIS P. FITCH, persoasdiy Icnown to me (or proved to me on the ba«b of satis&ctory evidence) to be the person whose name is subscribed to the within instnimeant and acknowledged to me lhat she executed thc same in her autbocized capacity, and tbat by her ignature w. the mstrument tbe person or entity upon bebalf of wiilcb tiie person axted, exBCttted the instr^ WITNESS my band and oCGctsl seal r ature AKTHUR S.BROWN Commisston # 1213729 jNotary Publto—COUfomla 2 J^^^^/ Son Olego Counly L Mar 17 2000 2:03RM HP LRSERJET FRX p.13 Tbat MTtam pie^ or parcel at real property in the Qty of Carlsbad, Cowjty of San ^^L^ °i Callfonn^ conunonly known and numbered 325 Elm Avenue, Carlsbad, Cabfeniia, and more paiUculaity described as follows: ,^w»xa, Tto part of liaa Ninc^f^t of Carisbad Lands in the Coun^ of San Diego, State of C^hfQtma, acowdliig to thereof No. 1661. filed in the ofBoe of tbe Cotmw Recorder of San Mego Coumy March 1,1915, bounded by a line described as folIo^wT ^omMdoB at the most NorUwesteriy comer of said Tract Nine^r-eight; lonning thence Not* 55-27 East along the Northerly boundary line of said liact,SSlch bXflie SoBflie^ boundaiy^Hne of Ehn Avenae, a distaatce of 100 feet to the point of begtanfaM. contim^ thence Nora 55'27 Bast along the same Une a distance of 100 feet toT^ H^^f^lv'*!!!^.? ^ of 200 feet to a pdnt i the Sonlherty ^.Idaiy hne of said Ttact 98; thence south 55-2? West along said Southerly boundary Une a ^ttoce of 100 feet to a point; thence North 34«3y West a distant of 200 fit to the Mar 17 2000 2:09RM HP LRSERJET FAX 14 8202 RECORDING REQUESTED BY: ARTHUR S. BROWN Attorney at Law WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO: CHARLOTTE L. THATCHER and JANE M. SINGH, Trustees 3490 Seacrest Drive Carisbad, Califomia 82008 DOC ft 2001-0315165 May XT, 200X 3=13 PM OFFICIAL RECORDS DIEGO mYRECQRBER'S^^^^ GREGORY J. SHITH, COUHTY RECORDER FEES: U.0O OC: QC QUITCLAIM DEED A.P.N.: 203-176-03 MORE COMMONLY KNOWN AS 325 Carisbad Vniage Drive, Cartsbad, California THE UNDERSIGNED GRANTOR DECURES DOCUMENTARY TAX is $-0-(transfer to revocable living trust) FOR NO CONSIDERATION. CHARLOTTE L. THATCHER as Trustee under the CHARLOTTE L. THATCHER REVOCABLE TRUST dated April 23,1991, First Amendment dated September 25,1995, Second Amendment dated September 24,1997 and Tliird Amendment dated August 4,1999 Iiereby remises, releases and forever QUITCLAIMS to CHARLOTTE L THATCHER and JANE M. SINGH, as Trustees under the CHARLOTTE L THATCHER REVOCABLE TRUST dated April 23,1991, Fhet Amendment datod September 26,1995. Second Amendment dated September 24,1997, ThIftI Amendment dated August 4,1999, Fourth Amendment dated January 31,2000 and Fifth Amendment dated April 30,2001. forthe benefrt of CHARLOTTE L. THATCHER, the following described real property in the County of San Diego, State of California: That ceitain i^ece or parcel or real property fn the City of Carlsbad. County of San Dlego, State of California, commonly known and numbered 325 Ebn Avenue, Carlsbad, Califoria; and moie particulariy described on Exhibit "A" attached hereto and made a part hereof. Dated: .2oat CHARLOTTE L. THATCHER, Trustee STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) On Jhl^- personaiiy appea 20^ before me. ARTHUR S. BROWN, a Notary Public, sared CHARLOTTE L. THATCHER, personally knov/n to me (or proved to me on the basis of satisfactory evidence) to be the person whose name Is subscribed to the within Instrument and acknowledged to me that she executed the same In her authorized capacity, and that by her signature on the instrument the person or entity upon Isehalf ofwhich the person acted, executed the instrunnent WITNESS my hand and ofTicial seal Stgr^ MAIL TAX STATEMENTS TO ABOVE ADDRESS ** * "~ ^ flL ARTHURS. BROWN i , Commrsston # 121372? I Notoy Publfc - CallfomJa » 5an Olego Counfy Mar 17 2000 2:09RM HP LASERJET FRX p.15 Exhibit "A" 8203 ^^'"^^t^f^^l^^t^^ ^^Bo, state of Of saa Dtego Comty March 1,1915, bounded by a line descrfbed as foil -^^^Recorder poiirt; thence south 34™3'S^oflnnT ^ * ^'^ » a line of said tyact 98; thencewwh S5^^wl« 1°^* * Southerly boundaiy distance of 100 feet to »^i^t^ UoZ%^i^ ^^^y boundaiy Une a^ point of begtaning. ^ ^* ^ 33' West» distance of 200 feet to the Jun 04 2000 9:59Rh HP LHSERJET FRX p.l V •: ( ' ( ' • • • LEASS THIS LKASE made this A!? day of July, 1962 by and between RUDOLPH H. SONNEMAN and JANB C. SONNEMAN, hus- as joint tenants, band and wlfe^, hereinafter referred to as Lessors, and KAMAR CONSTRUCTION C0», INC., a California Corporation, hereinafter referred to as Lessee, WITHBSSETH; !• Lease > liossors in consideration of the rent hereinafter specified to be paid by Lessee and the performance and agree- ments hereinafter provided to be kept and perforaed by Lessee, does hereby lease» demise and let unto Lessee the real property in Carlsbad, California, the legal description of which is set forth on Exhibit "A** annexed hereto, and hereafter referred to as "said Property." 2. Term;" The term of'this Lease shall be for a period of ten (10) years commencing July 15, 1962, and ending July 15, 1972, unless Lessee elects to extend this lease for an additional period in accordance with paragraph 4 below. 3, Rental. Lessee shall pay as rent for said property on the 15th day of each month commencing July 15, 1962 by check payable to Lessors at or to such other payee and such other place or places as Lessors shall from time to time in writing direct, the folloving amounts: (a) The sum |||||||||||||||||PPp^^ month for and during the period commencing July 15, 1962 and ending July 14, 1966; - 1 - Jun 04 2000 9:59flM HP LRSERJET FRX p.2 (b) The sum of ^jfjjjPjjjP^P®^ month for and during the period commencing July 15, 1966 and ending July 14, 1970; (c) The sum of ^f/f/fffl P®^ month for and during the period commencing July 15, 1970 and ending July 15, 1972. Notwithstanding the amount of rent specified for each period above, the amount of rent shall be Increased to a maximvim of $200.00 per month in the event either or both of the following events shall occur: (a) The Lessee shall have begun to receive ren- tal Income from third persons for improve- ments the Lessee shall have elected to erect on the demised premises, or (b) The Lessee shall elect to extend this lease for an additional period in accordance with paragraph 4 below. In no event shall the rent exceedJp|||PP|||||f per month during the original term or the term as extended. 4, Lessee*s Option to Extend Term of Lease, Lessee or its successor or assignee may at any time during the ten year term of this lease elect to extend the remaining term of the lease for an additional period not to exceed fifty two (52) years. This election shall be conclusively deemed to have been made by a written notice sent postage pre- paid to the address to which the rent is paid. Upon the election of Lessee or its successor or assignee to extend the term of this lease the rent shall be increased to a maximum ^jjjjjjjjjjpjil P^^ month. - 2 - Jun 04 2000 9:59RM HP LRSERJET FRX p,3 ^» Use of Premises, Improvements. There shall be no restrictions on the use of said property except by those prohibitions Imposed by law or ordinance of the City of Carlsbad, the County of San Dlego and the State of California. Lessee may at its own expense erect such improvements upon said property it shall desire. Such improvements shall be and remain the sole property of Lessors. 6. Taxes and Additional Charges to be Paid by Lessee. Lessee agrees to pay, in additional to all other payments required to be made by them, all real and personal property taxes and all assessments levied on the demised prem- ises or any real or personal property situated thereon, during the entire term of this Lease, by any governmental entity with Jurisdiction over the same^before delinquency. Lessee agrees to pay before delinquency all charges for water, gas, heat, electr:j.city, power and other sim- liar charges incurred by Lessee with respect to and during its occupancy of the demised premises, * Maintenance and Repair. Lessors shall not be obligated or required at any time to repair or maintain the leased premises or any part thereof, or to make or bear ail or any part of the expense of any improvement, alteration or change of any nature in or about the leased premises or any part thereof. Lessee at its own ex- pense will maintain, care for, and keep in good condition and repair all buildings, the heating and airconditioni|jj|i|^ystem thereof, and the grounds, and each and every part thereof, rea- ^ sonable use thereof, damage-by thc oloniontO} and-dnmagO" no.t ]^-| caused by thc fault or ncgligonco-or tho Looeoo oxooptod.(^i^ 8. Liability. <d} >(. Q The Lessee shall protect, save, and hold the - 3 - Jun 04 2000 9:59RH HP LRSERJET FRX p.4 Lessors harmless, the premises herein demised and all improve- ments placed thereon free, clear and harmless from all claims, liens, claims of lien, demands, charges, encumbrances, and/or litigation arising directly or indirectly out of or by reason of any work or activity of the Lessee on the demised premises. Further, Lessee agrrees to protect Lessors and save them harmless from any and all liability or claim for any dam- age to any occupant of the leased premises, or to any other person, during the term of thie Lease, occasioned by any care- lessness, negligence, or improper conduct on the part of Lessee or Lessee's employees, agents, guests, or invitees on, in or about the leased premises, and Lessors shall not be liable to Lessee or any other person for any damage, loss or injury to the person, property, or effects of Lessee, or any other person, suf- fered on, in, or about the same by reason of the construction of, or any present, future, latent, or other defects in the torm, character, or condition of the leased premises, or any part or portion thereof, or for lack of repair, and Lessee agrees to have Lessors named as an added beneficiary on its comprehensive lia- bility insurance policy or policies which shall at all times dur- ing the term hereof be adequate and which until further notice from Lessors to Lessee shall have limits of at least: $10,000.00 - Property damage in any one occurrence; $50,000.00 - For death or injury to any one person in any one occurrence; $100,000.00 - For death or injury to two or more persons in any one occurrence; Lessee shall obtain a commitment from Lessee's insurer that said policy will not be cancellable except upon ten (10) days* prior written notice to Lessors, and shall furnish Lessors with a copy of such policy or policies. Lessee likewise agrees to maintain and keep in force - 4 - Jun 04 2000 9:59RH HP LRSERJET FRX p,5 all employees* compensation insurance required under the Work— men's Compensation and Safety Act of the State of California, and suchjother insurance as may be necessary to protect Lessors against any other liability to person or property arising here- under by operation of law, whether such law be now in force or adopted subsequent to the execution hereof. 9, Default. If any one or more of the following events shall occur: (A) Lessee shall default in the payment of rent or in the payment of any sum due and owing by Lessee to Lessors and shall fail to rectify said default within thirty (30) days after being served with written notice thereof by Lessors; (B) Lessee shall make an assignment for the bene- fit of creditors; (C) Lessee shall file a petition in bankruptcy, or a petition or answer in bankruptcy seeking reorganization or arrangement under Federal Bankruptcy Laws or any other applicable statute; (D) An attachment or execution shall be levied upon Lessee's property or interest under this lease, and shall not be satisfied or released within ninety (90) days thereafter; (E) An involuntary petition In Bankruptcy shall be filed by or against the Lessee, or a receiver or trustee for all or any part of the property of Lessee shall be appointed by any court, and such involuntary petition shall not be withdrawn, diminished or discharged, or such receiver or trustee removed within ninety (90) days from the filing or appointment thereof; or (F) Default shall be made in tbe performance or observance of any other covenant, agreement, obligation, pro- vision or condition to be performed or kept by Lessee under the terms and provisions of this Lease, and such default shall con- - 5 - Jun 04 2000 9:59RM HP LRSERJET FRX p.6 tinue for ninety (90) days after written notice thereof given by Lessors to Lessee; then and in any or either of such events the Lessors may, at their option, terminate this lease by serving written notice thereof on Lessee and, re-enter and take complete possession of the said leased premises and all buildings and Improvements then located thereon. Upon such termination all liabilities and obligations of Lessee hereunder shall terminate. 10. pondemnation. In-tho <>vonti -that--gaid-property is jfcahen-<»r eon demned for a p/ibllc or g(uasl-pu'b6.ic use this lea^e shalX ter- minate as of/the date h± tho actual phy&^ical taking and the parties shaill thereui/on be released fri&m any s^d all/further llability/hereundeK'l Any n«Jnles received fof* such /taking sliall be appox^ioned berween the' Lessors ^nd the7Lessee/in accoidance with tJCe values/of thelr/respectix54 interests, pov this/purpose the ^lue of tJie Ihter^t of the/Lessee/shall pe the vaAue of it^leaseholdT Interes^ and the Acalue QJL any yiprovemei)rt:s con-,_^:^ st^ucted oxy said property at /he Lesffee's e^ljpense. In the event that only/a portiorf of said i)ropert^ is so/condemnea. then thei Lessee ^all have*^the right to elf/ct to yermlnate/this lease. In the/event thjct the Le^ee shaAl not ;6lect to yterminate tbis leas$if, the rezyt provided In paragraph/3 above ^all be reduced in ^roportiorf to the value oi^sald p/operty wKich shall have been tjflteg by auch condemnation. 11. Lease not Subject to Levy. This lease and the Interest of Lessee hereunder shall not be subject to garnishment or sale under execution in any suit or proceeding which may be brought against or by Lessee, without the written consent of Lessors. - 6 - Jun 04 2000 10:00RM HP LRSERJET FRX p.V 12, Assignment and Subletting. Lessee shall have the right to sublet any portion or all of said property to any corporation, partnership or individual without the consent of Lessors, In the event that any improvements are erected on said property from which Lessee shall have received rental income, an assignment or transfer of all of the interest of Lessee in said property to any corpora- tion, partnership, or trust in which Robert L. Rombotis, Jerry L. Rombotis and ICay Kallcka, or any of them, do not own a majority of the beneficial interest or to any other individual, shall be subject to the prior approval by Lessors of the financial condi- tion of the proposed assignee or transferee. Said approval shall not be withheld unreasonably. Upon a transfer or assignment of all of the interest of Lessee in said property and the assumption of the rights and obligations imposed herein upon Lessee, the obligations of Lessee hereunder shall terminate* 13, Insurance. Lessee shall, insure any existing improvements on the property against loss by fire, including extended coverage, for the benefit of Lessors. In the event Lessee shall elect to construct improvements on the demised premises and insure the same, all amounts of insurance payable shall belong to Lessee and Lessors shall have no Interest therein, 14, ffaiver of Subrogation Rights. Lessee and Lessors shall cause to be endorsed on all policies of fire Insurance pertaining to said property the waiver of right of subrogation by use of a provision substantially as follows: "Any right of subrogation which this company may have against (LessorsAiessee) is hereby waived," It is understood that the words "this company" in such waiver of subrogation provisions above referred to shall refer to the insurance company which issues such policy Or policies -7- Jun 04 2000 10:00RM HP LRSERJET FRX p.a and that in the event this Lease is assigned by Lessors the name of the assignee shall be substituted in such provision in lieu of the names of the Lessors, and in the event this lease be assigned by the Lessee, the name of the assignee shall be substituted in such provision in lieu of the name of Lessee. 15. Subordination, Lessors agree that they will promptly at the request of Lessee, its successors and assigns, subordinate the real property which is the subject matter of this lease, namely, that real property described in Exhibit A annexed hereto, to any and all encumbrances to secure loans obtained from any institutional lender or lenders, such as but not limited to a bank, building or savings and loan association, or Insurance company, or a correspondent thereof, made primarily for the purpose of constructing improvements on said real property, the proceeds of which loan or loans, however, may be disbursed for, or portions thereof may be applied in, pay- ment of costs including, but not limited to, any one or more of the following: off'•sitie improvements in said land-or on aaid tunU aud other land-, on-site improvements, escrow charges, pre- / miums for hazard Insurance, title insurance premiums, loan costs including discounts, interest, commissions, overhead charges and costs, and other costs Incurred in connection with such contem- plated Improvements, with any remainder of such loan, after all such payments have been made, to the borrower thereof. Said encumbrances, such as a deed of trust, shall at all times, prior to the reconveyance thereof, constitute a lien or charge on said land prior and superior to thelien or charge of any encumbrance placed or suffered at the said real property or land made by -8- Jun 04 2000 10:01RM HP LRSERJET FRX P-9 / I^essors or their successors and assigns. Lessors will promptly at the request of Lessee, its successors and assigns, execute any and all documents required in order to carry into effect the purpose and intent of this paragraph. 16. Non-Liability. Neither of the parties hereto shall have any liability to the other by reason of the loss, damage, or destruction, by fire or other perils defined in the fire, extended coverage and sprinkler leakage insurance policies carried respectively by Lessors and Lessee, regardless of cause, to any property situated upon or constituting a part of the leased premises and owned by the other party. 17. Attorney's Feea, In the event a dispute shall arise under any provision of this lease which shall necessitate the filing of suit, the party which shall prevail in such suit shall be entitled to costs of suit and a reasonable sum for attorney's fees incurred therein, 18, Interpretation, Paragraph headings do not limit or add to the provi- sions of this lease and, on the contrary, are to be disregarded upon any interpretation hereof, 19, Successors and Assigns. This lease shall bind and inure to the benefit of the successors and assigns of the parties hereto, IK VITNESS TYHEREOF, the parties hereto have executed this lease as of the day sJtd year first above written. I i/ J (• (AI / KAMAR CONSTRUCTION CO. ,^NC., (A f4/-:M'^i J \: ^A^'^^''^^AryW^^^ California corpor^ti-^,. Jane C. Sonneman LESSORS -9- Jun 04 2000 lOrOlRM HP LRSERJET FRX p. 10 STATE OF CALIFORNIA ) «SA*>Di5<<t' )SS COUNTY OF LOS ANfflSCES) On J^Jt-/ lA*^ l^h'v'^ before me, the undersigned, a Notary Public in and for said County and State, personally appeared L /r^vt/6>Ti S known to rae to be the President, and ]\,<rf7enj t. ^nM/*,or^S" known to me to be the ^^Ss^tary of KAMAR CONSTRUCTION CO,, INC,, the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. "WITNESS my hand and official seal. ' otary Public in and'for said M*>V LAl^ County and State STATE OF CALIFORNIA ) -S>»>u 9IUC )SS OOUNTY OF liOa-ANGBLES) On •TTvJV-y IHL'L. before me, the undersigned, a Notary Public in and for said County and State, personally ap- peared Rudolph It. Sonneman and Jane C. Sonneman, known to me to be the persons whose names are subscribed to the within Instrument and acknowledged that they executed the same. VITNESS my hand and official seal. Notary Public in and for saidiL,4y t County and State ' -10- Jun 04 2000 10:02RM HP LRSERJET FRX p.11 THAT PABT OF TRACT 9d, OF CARISBAD LANDS, IN THB COUNTT OF SAN DIEOO, STATIC OF CAUFOHNIA, ACCORDIMO TO UAP THBRSa OF No.1661, FILED IN TIIE OFFICE QF THE OOXmTf RKOORDBR OF SAN DIEOO OOUNTY, MAHCH 1, 1915, BOOND^SD BT A UNB T>WSORIBEa AS FOLLOWS! OOMMBNOINO AT THE tfOBT VCRTBmBSTXRLT OaWXR OF SAID mOT 981 RUNNIHO THKNCS MORTH 55°27» EAST ALONO THI NQRTHSRLT BODMDART LINS OF SAID ISUOf, WHICH 13 AI30 TBI sotmamtr BOCNDART LUCB OF sue Avsroi, A DISTAHOS or IOO FSET TO TRS POm OF BMlRNiRa, OCMTZHUIHO THENCB VORTH 55<>27* IAST AL09iO TRS SAKI UXt A D19TAN0X OF 100 7XXT TO A ponrri TRISNOX SODTS 34^39* IAST A DISTAITOS OP aoo mr TO A POINT XN THB SCnTRBRCT BOONtUBT UNB QF aAlD TRAGT 9^} THENCB SOOTH 55°3I7* W13T ALOW SAID SODTHBRLT BOURHAST UMB A DISTASOB oar 100 7IBT TO A POIST| IHBNCX MORTH 34^39* WSST A DISTANOE OF 200 mT TO A POIMT OT BBQINNXMO, ( NBLT 100 FT. OF SWLT 200 FT, » TRCT, 9«) Jun 04 2000 10:0GRM HP LRSERJET FRX P-1 RECORDING REQUESTED BY ^^^^^ RECORDED MAIL TO' ' ROMBOTIS BROS. 325 Elm Avenue Carlsbad, California 29008 Hie ASSIGNMENT OP LEASE KAMAR CONSTRUCTION CO., INC., a California Corporation, hereby assigns all its right, title, and interest in and to that certain lease dated July 25, 1962 by and between RUDOLPH fV. SONNEMAN and JANE C. SONNEMAN, husband and wife, as jol.int tenants. Lessors, and KAMAR CONSTRUCTION CO., INC., Lessee,ii t6 ROMBOTIS BROS., a California general partnership. Said lelaso affects the real property described as follov;s: | That part of Tract 98, of Catisbad Lands, in the County of 'San Diego, State of California, according to Hap there of No.1661, filed in the Office of the County Recorder of San Diego County, Harch 1, 1915, bounded by a line described as follows: Commencing at the most Northwesterly corner of s.aid Tract 98; running thence North 55 degrees, 27 minutes East along the Northerly boundary line of said Tract, which is also the Southerly boundary line of Elm Avenue, a distance of 100 feet to the Point of Beginning, continuing thence North 55 degrees,! 27 minutes East along the same line a distance of 100 feet tip a point; thence South 34 degrees, 33 minutes East a distance of hoo feet to a point in the Southerly boundary line of said Tract 198,* thence South 55 degrees, 27 minutes West along said Southerly boundary line a distance of 100 feet to a point; thence Northf^ 34 degrees, 33 minutes West a distance of 200 feet to a Point of Beginning. KAMAR CONSTRUCTIOM CO., INC. DATE DATE: ^J"^^j7C hf\ ROBERT ET, ROMBOTIS, Secretaf^y J.un 04 2000 10:06RM HP LRSERJET FRX P-2 ACCEPTANCE »" ASSIGNMENT ROMBOTIS BROS./ a California General Partnership, hereby accepts the above Assignrnent of L^ase. DATE: DATB: ^J^^^/^C ROBERT L. ROMBOTIS General Partner State of California ) )ss. County of San Diego ) On this the 29th day of April, 1986 before me, the undersigned, a Notary Public in and for said County and State, personally appeared JERRY L. RCMBOTIS and ROBERT L. ROMBOTIS, personally known to me or proved to me on the basis of satisfactory evidence to be the President and Secretary, respectively, of the corporation that executed the within instrument and acknowledged to zie that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. State of California ) } s s. OFFICIALSEAL R. THOMAS WOOO NOTARY PUBUC * CAUF PRINCIPAL OfFfCE IN SAN DIEGO COUNTY MyOarmitukMExp.OK.2d, 1986 County of San Diego ) On this the 29th day of April, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared JERRY L. ROMBOTIS and ROBERT L. ROMBOTIS, personally known to me or proved to me on tha basis of satisfactory evidence to be the persons who executed the within instrument as all of the partners of the partnersnip that executed the within instrument, and WITNESS my hand and official seal. OFFICIAL SfAL****! ft. THOMAS WOOD { HOTARY PUBUC* CAUF i PRIMCiPALOfRCEtN i SAN OISGO COUNTY i My ODm»ris"j.',-v Pec. ""3 "'••56 • Jun 04 2000 10:19RM HP LRSERJET FAX P- l. Recording Requested by and When Recorded Return to: R. THOMAS WOOD Attorney at Law P. O. Box 1545 800 Grand Avenue^ Suite C-7 Carlsbad, California 92008 ACKNOWLEDGMENT OF LEASE EXTENSION This AcknowlecJgment of Lease Extension executed this 1_9 day of May, 1982, by and between ROBERT H. SONNEMAN nad CHARLOTTE L. THATCHER, as tenants in common, hereinafter referred to as "Lessors", and KAMAR CONSTRUCTION COMPANY, INC., a California Corporation, hereinafter referred to as "Lessee". Lessors and Lessee hereby acknowledge that the Lease dated July 25, 1962, of the real property described in Exhibit A, attached hereto, and incorporated herein by reference, between RUDOLPH H. SONNEMAN and JANE C. SONNEMAN, the predecessors in interest to Lessors, which said lease is described in the document entitled "Short Form Lease" recorded on October 31, 1962 in the office of the San Diego County Recorder, at file/page number 187239, has been extended through July 15, 2024, pursuant to paragraph 4 of said Lease. Pursuant to the extention, the rent for said real property is^|||||||||||||^ month. All other terms and conditions remain the same as the terms and conditions -1- Jun 04 2000 10:19RM HP LRSERJET FRX p.2 described in said lease. DATED: Jttee-29, 1982, DATEDs June 39 1982. DATED : July / , 1982 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss ROBERT H. SONNEMAN, Lessor On June 29, 1982, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT H. SONNEMAN, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal OFFICIAL SEAL James L, Ktntt NOTARY PUBIIC CAUFORNIA PRIKCIPAL OFFICE IN SAN DIEGO COUMnr MY COMMISSION EXPIRES JULY 28. 1984 ss STATB OF CALIFORNIA) COUNTY OF SAN DIEGO) On ^ June 30, 1982 '^>?<i^feQ>Re me, the undersigned, a Notary Public in and for said State, personally appeared CHARLOTTE L. THATCHER, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. WITNESS my hand and official seal -2- OFFiCIAL SEAl J R. THOMAS WOOD ! HOTARY PUBUC • CALIF. \ PRINCIPAL OFRCE IM ^ SAN DiEGO CQUNTY My Commisston Expires Dec. 26,1982 Jun 04 2000 10:19RM HP LRSERJET FRX p.3 STATE OP CALIFORNIA) COUNTY OP SAN DIEGO) ss On iblic m-'and for i before me, the undersigned. a Notary Public'in-'and for said State, personally appeared JERRY L. ROMBOTIS, known to me to be the President, and ROBERT L. ROMBOTIS, known to me to be the Secretary of the corporation that executed the within Instrument, known to me to be ther persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAI SEAL \ R. THOMAS WOOD ' NOTARY PUBLIC • CALIF. | PRINCIPAI OFRCE IN ? _ SAN DtEGO COUNTY | d My Cpmmlssion Expires DM. 26.1982 s -3- -Jun 04 2000 10:19RM HP LRSERJET FRX P.v± That portion of Tract 98 of Carlsbad Lands in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the office of the County Recorder of San Diego County March 1, 1915, described as follows: Commencing at the most Northwesterly corner of said Tract 98; thence North 55*27* East along the Northerly boundary line of said Tract, which is also the Southerly boundary line of Elm Avenue, a distance of 100 feet to the TRUE POINT OF BEGINNING: thence North 55°27' East along said line, a distance of 100 feet to a point; thence South 34*33' East a distance of 200 feet to a point in the Southerly boundary line of said Tract 98; thence South 55*27' West along said Southerly boundary line a distance of 100 feet to a point; thence North 34*33' West a distance of 200 feet to the TRUE POINT OF BEGINNING. EXHIBIT A