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HomeMy WebLinkAboutRP 16-02; Quonset Baba Coffee; Redevelopment Permits (RP)' ;'~·~, &.> ll \...City of Carlsbad APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Services LAND USE REVIEW APPLICATION VLN P-1 Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permit§ (FOR DEPT. USE ONLY) D Coastal Development Permit (*) D Minor D Conditional Use Permit (*) D Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit (*) D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Special Use Permit 0Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivisiion} D Variance 0Minor D General Plan Amendment D Local Coastal Program Amendment (*) 0 Master Plan 0 Amendment D Specific Plan D Amendment 0 Zone Change (*) D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative 0 Minor 0 Major Village Review Area Permits ljl Review Permit Rf>flo-QL~ ljl Administrative 0 Minor D Major If( P ( la-C i:J C2:, cJ~}vg I -~ur?-tvdi11 r (*) = eligible for 25% discount NOTE: A PROPOSED PFIOJECT REQUIRING MULTIIf»LE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR 'TO 4:00P.M. ASSESSOR PARCEL NO(S).: 203-054-0300 I PROJECT NAME: Quonset De'tlelo~me~7 B~ CQ ~ . BRIEF DESCRIPTION oF PROJECT: Te~nant improverr:~ of 960 SF space for a new coffee house -Saba Coffee BRIEF LEGAL DESCRIPTION: LOT 3 liN SEASIDE LANDS, CARLSBAD, MAP NO 1722, FILED JULY 28.1921 LOCATION OF PROJECT: 2727 STATE ST SUITE #100 STREET ADDRESS ON THE: WEST SIDE OF STATE STREET ---==---~--~~=-·~=---(NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN BEECH AND GRAND (NAME OF STREET) (NAME OF STREET) OWNER NAME Quonset De~ .. Aopment LLC APPLICANT NAME:. , lint): yoga801nc (Print}: MAILING ADDRESS: 125 Mozart [ane MAILING ADDRESS: PO Box 2~271 ~ CITY, STATE, ZIP: caraiff, CA 92007 CITY, STATE, ZIP: Encinitas, cA. 92o2~M271 ~ TELEPHONE: 7Bo-23o-t:ms~ TELEPHONE: 760-7~ 0-7~BO EMAIL ADDRESS: 5reftfarrow~cox. net EMAIL ADDRESS: info<§?yogaSo.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAl OWNER THAT THE APPliCANT AS THE BEST OF MY~ SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR ~~~~116 PURPqsES OF THIS APPLICATION . .)/----,?~ 2/4/16 SIGNA'" URE DATE SIGNATURE . E APPLICANT'S REPRESENTATIVE (Print): Laune C FISher MAILING ADDRESS: 1928 Felton ST #A CITY, STATE, ZIP: San Diego, CA 92102 TELEPHONE: 619-252-2312 EMAIL ADDRESS: laurie@fisher -architect. com I CERTIFY THAT I AM THE REPRESENTATIVI:: OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOyvLEDGE~ , ~' ;;/J.<.~A-'~ 2/4116 SIGNATURE DATE IN THE PROCESS OF REVIEWING THiiS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTIW FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PR(lPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE ?b. D AN_:;:D_ ANY ?UCCESSDRS IN INTEREST. E&-PRo~S~TURE FOR CITY USE ONLY FEB 0 5 20"16 DA TE.STAMP APPLICATION' RECEIVED RECEIVED BY: ' . , · Indemnification and, .Jurance Requirement for Village ea Administrative Permit Certification Statement I Certify that t 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 Hating 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 effe~ct 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 out~o rdisplays are permitted within the Village Review Area and the permittee remains i~mpliance wit~e s~ ~ ct a~prated~·t. . \ !(,-"~ ""f?j~ ' .· 't 2/4/16 Signature '"--'-'"---· · Date: _________ _ Certification Statement I Certify that I am the Legal P1·operty 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 applicant's 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 displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature ~--~~o::::==-2/4/16 Date: _________ _ Cicyof Carlsbad DISCLOSURE STATEMENT P-1{A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission · or Committee. The following information ~nUST 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.) P~rson ~il<J.~ P~t:OY\, Corp/Part~ ~ Title '-fk_Z-~S Title ____________ _ Address~.&% Z.::!i:Z?/3 Address-==-..1=-~--=----~------~~~J~/C:A ~-27/J 2. OWNER (Not th~ owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., pa1inership, 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 B K r-TT ·:p A K K D \J Corp/Part. ________ _ Title 0 W N FK Title. ___________ _ Address /25 .. rADZJ4.}tf AVr Address _________ _ CI4KDl Ff C/4 12007 Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non 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? / D Yes ~ If yes, please indicate person(s): _________________ __ NOTE: Attach additional sheets if necessary. Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 _,M ('··;··· (._City of c:arlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: :J3f~~A. ~r~ .. APPLICANT NAME: ~~~g<:::J ~C., 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: P-1 (B) f-1..~~ ~~~ ;~ ~~. L.Di-FZ:.e_ 'F~ L ~(ex_~ .. ~ ~ ~(__):~~/ }':::>e._.~ e__(_CJ f1 ~tA-> =--c--~ A{2_t_ .:S~~ _5f: :13~~ ~ .. tl_ C<3~~~z-~~ &, '!I. ~l ~\.Jr-;;7~ ~~~<£__ l-.Yt~f-~~~ Page 1 of 1 Revised 07/10 Cicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection ncy and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code, D The development project and any alternatives proposed in this application~ contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: ________________ _ Name: __________ _ Address: ______________ _ Address: __________ _ ·Phone Number:. _____________ _ Phone Number: __________ _ Address of Site: _____________________________ _ Local Agency (City and County): _______________________ _ Assessor's book, page, and parcel number: ____________________ _ Specify list(s):. ___________ ,_ _________________ _ Regulatory Identification Number:. _______________________ _ Date of List: _______________________________ _ Applicant Signature/Date Property.Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 02113 Per the California Environmental Protection Agency's website, "While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/Corteselistldefault.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ca.us/deh Hazardous Materials Divis~on www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCUS") www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1 (C) Page 2 of2 Revised 02/13 HAZARDOUS WASTE AND SUBSTANCES PROPERTY 01/VNER City of --.......-· rlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov 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 (BMP's) 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 yov, this \(Ifill resultin the return of the development application a$ 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. The total proposed disturbed area is: _:~ ft2 acres If your is covered by an approved as part of a larger m,,,.,,n,nm<>nT project, provide the the larger development project: Project ID: ----------· SWOMP #: ---------- 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 NO If you answered "yes" to the above question, n 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. E-34 Page 1 of 4 Effective 2/16/16 Justification/discussion: (e.g. the project includes only interior remodels within an existing building): ng new or or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-erodible permeable areas; b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? or alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? YES NO If you answered to one or more of 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): r1A\/Air•nrr•Ant that creates ,000 square or more This includes commercial, industrial, residential, mixed-use, and public development nrniJ:>r-tc-on land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside development includes natural that is nM~mn.r-T"·'"' City of Carlsbad E-34 Page 2 of4 Land Development Engineering Effective 2/16/16 r. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a land area for business or 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street, road, highway freeway or A street, road, highway, freeway or driveway is any paved impervious surface used for the .,-nr>rt<>JVm and 7. your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA e. not with flows . * 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square or more of impervious surface that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532- or 7536-7539. · 9. Is your project a new or that replaces square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 5,000 square feet 9r more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction? 11. Is your project located 200 feet of the Pacific ( 1) creates 2,500 square feet or more impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC 21.203.040) you a to one or more of your your to step 4. If your project is a new project, Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT', "Go to step 5, check the second box is a 'STANDARD PROJECT' ... " and ~:.=,=.::,.=:,&.:.,;:::;.;..:,.:;,in:.:..fo;;,;.r.;.cm.c;,a:.:;,tio""n:;,;.,.,.,.~_,_,_...,.-,......,,..,.,..,~,..,...,.,....,..,..,...,.,.,..,..,..~---,--...,.,----J Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. Total proposed newly created or replaced impervious area (B) = sq: ft. Percent impervious area created or replaced (B/A)*100 = % YES NO you answered "yes", the structural BMP's and not the entire development. Go to step 5, check the 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. City of Carlsbad E-34 Page 3 of4 Land Development Engineering Effective 2/16/16 My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwatHr 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. My Project is NOT a 'development project' and is not subject to the requirements of the BM P Manual. Applicant Information and Signature Box ;J.-o~ t/)4-tJ~ Assessor's 'JSarcel Numblr(s): Applicant Title: P~e:p-jmi'}N~ Date: ~/ftp This Box for City Use Only City Concurrence: I YES I NO I I By: Date: ProjectJD: *Environmentally Sen::;itive 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 amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control. Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. City of Carlsbad E'-34 Page4 of4 Land Development Engineering Effective 2/16/16 ENVIRONMENTAL INFORMATION FORM _ J _ J . (To be Completed by Applicant) Date Filed: ~ yo be completed by City) Application Number(s): .1£ f& -O ?-/ RP {{o-0_3 I General Information 1. Name of project: BABA COFFEE ·----------------------------------- 2. Name of developer or project sponsor: ROBERT PASTOR Address: PO BOX 232713 City, State, Zip Code: ENCINITAS, CA 92023-2713 Phone Number: 760-71 0-7360 ·----------------------------------- 3. Name of person to bt3 contacted concerning this project: LAURIE C FISHER Address: 1928 FELTON ST #A City, State, Zip Code: SAN DIEGO, CA 92102 Phone Number: 619-252-2312 -~~------------------------------- 4. Address of Project: . 2727 STATE ST. #1 00 5. 6. 7. 8. 9. Assessor's Parcel Number: 203-054-0300 ----------------------------------- ~ist a~d describe a~y other _related_ permits and other public approvals required for this project, mcludmg those reqUired by c1ty, reg1onal, state and federal agencies: ADMIN REV, Tl BLDG, HEALTH DEPT, FOG Existing General Plan Land Use Designation: LAND USE DISTRICT 1 -NON-COASTAL Existing zoning district: VILLAGE REVIEW AREA Existing land use(s): COMMERCIAL Proposed use of site (Project for which this form is filed): COMMERCIAL -TENANT IMPROVEMENT NEW CAFE/RESTAURANT, SIDEWALK CAFE Project Description 10. Site size: _1_0_,8_9_(_) _S_F _____________ ...,.....-____ _ 11. Proposed Building square footage: EXISTING TENANT SPACE-960 SF 12: Numberoffloorsofconstruction: ONE ------------------------------ 13. Amount of off-street parking provided: 0 ---------------------------- 14. Associated projects: RP 14-15, RP 14-17 P-1 (D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units 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: -------------------- BONA FIDE EATING ESTABLISHMENT, SERVING COFFEE, SANDWICHES AND BEER. VILLAGE/NEIGHBORHOOD ORIENTATION, 960 SF, NO LOADING 17. If industrial, indicate type, estimated employment per shift, and loading facilities: ------ 18. If 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: ----------------'----- N/A P-1(0) Page 3 of 4 Revised 07/1 0 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 0 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or 0 0 roads. 22. Change in pattern, scale or character of general area of project. 0 0 23. Significant amounts of solid waste or litter. 0 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. 0 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or 0 0 alteration of existing drainage patterns. 26. Substantial change in Hxisting noise or vibration levels in the vicinity. 0 0 27. Site on filled land or on slope of 10 percent or more. 0 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, 0 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, 0 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 0 0 31. Relationship to a larger project or series of projects. 0 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. NO CHANGE TO EXTERIOR OF BUILDING 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. SEE MINOR USE PERMIT RP-1415 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: 2/4/2016 Signature: For: P-1(D) Page 4 of4 Digitally signed by LAURIE C FISHER Date: 2016.02.0317:55:41 -08'00' ROBERT PASTOR Revised 07/1 0 CLTA Preliminary Report Form (Rev. 11/06) ~ ~ '! ~ 4il f ~ ' t',.. . . I I Rrst .American Title .~· Order Number: DTR-4940787 (rh) Page Number: 1 First American Title Company 4380 La Jolla Village Drive, #200 San Diego, CA 92122 This report has been amended/updated to reflect the following matters: [ ] No changes made to the report other than the Effective Date [ ] Property address has been revised [ ] Vesting has been revised [ ] Legal Description has been revised [ X ] Taxes have been updated [ X ] Original item number(s) 5, 6 and 7 have been removed [X] New item number(s) lOa, lOb and lOc have been added [X] Original item number(s) 1 and 2 have been revised [ X ] Other: Informational Notes Original item no. 1 has been removed and new item no. 1 has been added. Rrst American Title Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Escrow Officer: Phone: Fax No.: E-Mail: Buyer: Property: Order Number: DTR-4940787 (rh) Page Number: 2 First .American utle Updated January 28, 2016 First American Title Company 4380 La Jolla Village Drive, Ste 20 San Diego, CA 92122 DTR-4940787 (rh) Ranny Harper (858)410-1308 rharper@firstam.com Sheri Keene (858)410-1305 (866)898-0113 skeene@firstam.com 2725-2727 State Street Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit o,f Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions showr1 or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. First American Title Order Number: DTR-4940787 (rh) Page Number: 3 It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Rrst American Title Dated as of January 25, 2016 at 7:30 A.M. Order Number: DTR-4940787 (rh) Page Number: 4 The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. litle to said estate or interest at the date hereof is vested in: QUONSET DEVELOPMENT LLC, A CALIFORNIA LIMITED LIABILI'TY COMPANY The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2016-2017, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $6,971.18, PAID Penalty: $0.00 Second Installment: $6,971.18, OPEN Penalty: $0.00 Tax Rate Area: 09098 A. P. No.: 203-054-03-00 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. An easement for right of way for drainage and incidental purposes, recorded October 10, 1932 as Book 152, Page 400 of Official Records. In Favor of: Affects: The County of San Diego As described therein 5. Intentionally Deleted Rrst American Title Order Number: DTR-4940787 (rh) Page Number: 5 6. Intentionally Deleted 7. Intentionally Deleted 8. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded April 17, 2015 as Instrument No. l_Q_l_S-01?7.'.!22 of Official Records. 9. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded April 17, 2015 as Instrument No. 2015-0187425 of Official Records. 10. The terms and provisions contained in the document entitled "City of Carlsbad Parking In-Lieu Fee Program Participation Agreement" recorded May 11, 2015 as Instrument No. 2015-0233606 of Official Records. lOa. The terms and provis~ons contained in the document entitled "Hold Harmless Agreement Drainage" recorded July 30, 2015 as Instrument No. ?._Q!?:::Q1Q'.!§_~? of Official Records. lOb. Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed by a notice of completion recorded October 6, 2015 as Instrument No. 2015-0525125 of Official Records, which reflects a completion date of October 5, 2015. lOc. A Deed of Trust to secure an original indebtedness of $1,925,000.00 recorded December 24, 2015 as Instrument No. 2015-0658052 of Official Records. Dated: Trustor: Trustee: Beneficiary: December 21, 2015 Quonset Development, LLC, a California Limited Liability Company First National Bank Of Southern California First National Bank Of Southern California A document entitled "Assignment of Rents" recorded December 24, 2015 as Instrument No. 2015-0658053 of Official Records, as additional security for the payment of the indebtedness secured by the deed of trust recorded December 24, 2015 as Instrument No. 2015-0658052 of Official Records. The terms and provisions contained in the document entitled "Hazardous Substances Certificate and Indemnity Agreement" recorded December 24, 2015 as Instrument No. 2015-0658054 of Official Records. 11. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: First American Title Order Number: DTR-4940787 (rh) Page Number: 6 12. With respect to Quonset Development LLC, a California limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC-5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require First American Title Order Number: DTR-4940787 (rh) Page Number: 7 Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. Supplemental taxes for the fiscal year 2014-2015 assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. First Installment: $3,972.16, PAID WITH PENALTY Penalty: $397.22 Second Installment: $3,972.16, PAID Penalty: $0.00 Tax Rate Area: 09098 A. P. No.: 849-069-41-74 2. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 2725-2727 State Street, Carlsbad, California. 3. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded October 7, 2014 as Instrument No. 2014-0433806 of Official Records. From: Dorin K. Martin and Tammy L. Simpson, as Trustees under The Dorin and Billie Martin Revocable Trust dated January 10, 1994 and First Amendment and Complete Restatement dated February 13, 2013, for the benefit of Dorin K. Martin and Billie J. Martin, their undivided 1/3 interest and Dirk Nelson, Trustee of The George J. Nelson Veteran's Irrevocable Trust dated April 10, 2012, an undivided 1/3 interest and Donald Thomas Nelson and Kathleen Lynn Nelson, Trustees of The Nelson Family dated June 1, 1999, as their community property, an undivided 1/3 interest To: Quonset Development, LLC, a California limited liability company 4. It appears that a work of improvement is in progress or recently completed on the land. The Company will require various documents and information, including but not limited to a completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement, disbursement information, executed indemnity agreement and current financial information from proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued. Other requirements may be made following the review of such documents and information. First American Title Order Number: DTR-4940787 (rh) Page Number: 8 The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Order Number: DTR-4940787 (rh) Page Number: 9 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 3 IN SEASIDE LANDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. APN: 203-054-03-00 First American Title ~ ....... ::t:. :3 ~ ()· ~ ~ {if ~~~ ~ ~ ~ "' @ __ ) IIA()Utl"l' /'.I tl \}\~'fol OR ----- ~ ~ SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 203 F'G 05 1 @ 1.84 AC STATE '"',.,... "'" (A c-11\'(s $"1D~ &(vo @ .. , .. -~ ON 0 ... ., -i" ~ ~~ e 76tJ-16b-37 ?OR 714 AC s i a. pOR fl~ 17" see. \li-P 6Q4-'S7-8\( @ @ 4.71AC (1-ft.ty fOJ) J<1~so~2s ~ w ~ '" J: hl IQ ~\V MAP 16009-CITY OF CARLSBAD TCT NO 13-05 MAP 2037-GRANVILLE PARK NO 2 MAP 1722 -SEASIDE LANDS SEC 1 -T12S-R5W-POR NE 1f4 ROS 12346, 14504, 21538 .,o OJ a_ IC ro ro -.. zz c c 3 3 o-o-ro ro :""! :: 5~ ~ ~ 0 ...... 00 ...... ....... 3-'--"' NOTICE Order Number: DTR-4940787 (rh) Page Number: 11 Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. First American Title EXHIBIT A Order Number: DTR-4940787 (rh) Page Number: 12 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (c) land use; (e) land division; and (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk B.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 1S. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1 o/o of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 AI.TA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. First American Title Order Number: DTR-4940787 (rh) Page Number: 13 This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POUCY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk .5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the L<md is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title'for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such First American Title Order Number: DTR-4940787 (rh) Page Number: 14 proceedings, whether or not shown by tile records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17·06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Rrst American Title ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1( a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Rrst American Title ~I FntAmerican ntle Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do w~h such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or ent~. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions w~h us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own leg~imate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as t~le insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to non public personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sens~ive to privacy issues on the Internet. We believe ~ is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates' Web sites on the World Wide Web w~hout telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of vis~s, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our s~e and to develop ideas to improve the content of our s~e. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information w~h us, we will only use ~ in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' s~es may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other s~es. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activ~ and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstArn.com uses stored cookies. The goal of this technology is to better serve you when visiting our s~e, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only Offer products and services that assure a favorable balance between consumer benef~s and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportun~. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as w~h the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)