HomeMy WebLinkAboutSDP 16-09; IONIS Fitness Center and Expansion; Site Development Plan (SDP)~(f'~'' \....City of
Carlsbad
APPLICATIONS APPLIED FOR: (CHECK BOXES)
LAND USE REVIEW
APPLICATION
P-1
Devefooment Services
Planning Division
1635 Faraday Avenue
(760} 602-4610
www.carlsbadca.gov
Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
0 Coastal Development Permit (*) 0 Minor
0 Conditional Use Permit n
0 Minor 0 Extension
0 Day Care (Large)
0 Environmental Impact Assessment
0 Habitat Management Permit 0 Minor
0 Hillside Development Permit (*) 0 Minor
0 Nonconforming Construction Permit
0 Planned Development Permit 0 Minor
0 Residential 0 Non-Residential
0 Planning Commission Determination
0 Reasonable Accommodation
0 General Plan Amendment
0 Local Coastal Program Amendment (*)
0 Master Plan
0 Specific Plan
0 Zone Change (')
0Amendment
0 Amendment
0 Zone Code Amendment
South Carlsbad Coastal Review Area Permits
0 Review Permit
0 Administrative 0 Minor 0 Major
Village Review Area Permits
IX] Site Development Plan [XI Minor ~-e _20l 0 Review Permit
0 Special Use Permit
0 Tentative Parcel Map (Minor Subdivision)
0 Tentative Tract Map (Major Subdivision)
0 Variance 0 Minor
0 Administrative 0 Minor 0 Major
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M.
ASSESSOR PARCEL NO(S).: 209-120-)1 d-o
PROJECT NAME: lonis Pharmaceuticals Campus Fitness Center and Wing -C Expansion
BRIEF DESCRIPTION OF PROJECT: The project proposes the construction of a new 5,600 s.f. fitness building and a
7,780 s.f., 2-story addition to Wing-C. and a request for a parking reduction.
BRIEF LEGAL DESCRIPTION: Lot 14 and a portion of Lot 26 of the Carlsbad Oaks North Business Park Specific
Plan, SP 211
LOCATION OF PROJECT: 2855 Gazelle Court
ON THE:
BE1WEEN
P-1
South
(NORTH, SOUTH, EAST, WEST)
Gazelle Court
(NAME OF STREET)
SIDE OF
AND
STREET ADDRESS
Gazelle Court
(NAME OF STREET)
Whiptail Loop
(NAME OF STREET)
Page 1 of 6 C£V o~ 0 4 ~sed 07/15
OWNER NAME BMR-GAZELLE LP APPLICANT NAME (Print): Wayne San.ders c/o lonis
(Print): Phamaceut1cals, Inc.
MAIUNGADDRESS: 17190 Bernardo Center Dr. MAILINGADDRESS: 2855GazelleCourt
CITY. STATE, ZIP: San Diego, CA 92128
TELEPHONE: 858.485.9840
EMAIL ADDRESS:
CITY, STATE, ZIP: Carlsbad, CA., 92010
TELEPHONE: 760.603.2562
EMAIL ADDRESS: wsanders@ionisph.com
I CERTIFY THAT I AM niE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
APPLICANT'S REPRESENTATIVE (Print): Jon Ohlson c/o DGA Architects
MAILING ADDRESS: 445 W. Ash Street
CITY, STATE, ZIP: San Diego, CA., 92101
TELEPHONE: 619.685.3990
EMAIL ADDRESS: johlson@dga-sd.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURP SES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFO ATIO IS TRUE AND CORRECT TO THE BEST OF MY
KNO
IN HE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE.
FOR CITY USE ONLY
P-1 Page 2of 6
MAR.2l Z016
CARLSBAD
DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 07115
May 31, 2016
Shannon Werneke
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008-7314
~
~IIIII
DGA planning I architecture I interiors
Re: IONIS Pharmaceuticals Expansion
JUN 01 2016
Subject At-Risk Construction Plan Submittal Prior to Approval of the Minor Site Development Permit
I am the Owner's Agent of Assessor's Parcel Number 209-120-20-00, which is located at 2855 Gazelle
Court, in the City of Carlsbad. A Minor Site Development Permit application (SOP 16-09) has been
submitted and is currently being processed.
We intend to submit for concurrent processing, the Construction Plans for the new lonis Fitness Building
prior to the discretionary permit approval. We understand that doing so, is at our own risk and that the
final discretionary approval may generate additional plan check design comments and/or fees.
Sincerely,
on B. Ohlson
Sr. Associate
cc. Don Neu, City Planner
Shannon Werneke, Associate Planner
Wayne Sanders, lonis Pharmaceuticals
445 West Ash Street, San Diego, California 921 0 I 619-685-3990 DGAonline.com MOUNTAIN VI'CW I SAN FRANCISCO I SAN DIEGO
City of
Carlsbad
PROJECT DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: IONIS Pharmaceuticals Campus Fitness Building and Building Expansion
APPLICANT NAME: Jon Ohlson c/o DGA Architects
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:
This submittal is for a Minor Site Development Permit to expand the existing 170,838 S.F.,
"Scientific and Research" building with a 2-story 7,780 S.F. addition. The construction of a stand
alone 5,600 S.F., 1-story fitness building for employee use only, which will also include additional
storage space and a proposed reduction in the minimum parking requirements as required in the
existing Planned Industrial Permit 09-02. The existing parking on-site has been evaluated and
we believe there will be no impact to the facility or community with the proposed parking
reduction. A parking study that has been prepared by a traffic engineer and is included with this
submittal. The Fitness Building and basketball court will provide an amenity for all employees
and free up existing building and site area for building expansion and the ability to add additional
employees for facility growth.
P-1(8) Page 1 of 1 Revised 07/10
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: HCtVch Z.( )201 ~ (To be completed by City)
Application Number(s): SJJ£ {(a: Q 1
General Information
1. Name of project: Ienis Pharmaceuticals Campus Fitness Center and Wing -C Expansion
2. Name of developer or project sponsor: Ienis Pharmaceuticals, Inc.
Address: --------=2~85~5~G~a=z~e~lle~C~o~ur~t ________________________________ __
City, State, Zip Code: Carlsbad, CA., 92010
PhoneNumber: ____ 7_6_0_.6~0~3~·~25~6~2~------------------------------------
3. Name of person to be contacted concerning this project: Jon Ohlson c/o DGA Architects
Address: _________ 4_4_5_W __ .A_s_h __ S_tr_ee_t ________________________________ ___
City, State, Zip Code: San Diego, CA., 92101
PhoneNumber: ____ 6_1~9_.6~8~5~.3~9~9~0~------------------------------------
4. Address of Project: 2855 Gazelle Court --------------------------------------------------
Assessor's Parcel Number: 209-120-11 ---------------------------------------------
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
A building permit will be required after the SOP approval.
6. Existing General Plan Land Use Designation: P.l. (Planned Industrial)
7. Existing zoning district: _P_-M __ , _S..:...p_e_ci_fi_c_P_Ia_n __ S_P_2_1_1 _______________________ __
8. Existing land use(s): Scientific Research and Development
9. Proposed use of site (Project for which this form is filed): Amenity Fitness Building for
employees, storage space and building addition
Project Description
10. Site size: Total Site =13.92 Acres. The "project" area is 0.99 Acres.
11. Proposed Building square footage: New 5,600 s.f. Fitness Building and 7,780 s.f. Addition
12: Number of floors of construction: One floor level (Fitness Building) Two floor levels at addition
13. Amount of off-street parking provided: _4_8_7....:p_r_o,!_p_os_e_d __________________ _
14. Associated projects: Existing 170,838 s.f. Scientific and Research Facility
P-1(0) Page 2 of4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes: _N_/ A ________ _
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
N/A
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
Scientific Research and Development with approximately 350 employees per day and
one loading facility.
18. If institutional, indicate the major function, estim~ted employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: ---------
N/A
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: The project proposes a reduction of the minimum
parking spaces required per the municipal code.
P-1(0) Page 3 of4 Revised 07/10
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessaty).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D lZJ
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or D
roads.
22. Change in pattern, scale or character of general area of project.
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity.
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity.
27. Site on filled land or on slope of 10 percent or more.
28. Use of disposal of potentially hazardous materials, such as toxic substances,
flammables or explosives.
D
D
D
D
o·
D
D
29. Substantial change in demand for municipal services (police, fire, water, sewage, D
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31. Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
D
D
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.},
intensity of land use (one~family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.}. Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge and belief.
Date: -L;~f-'£-/tJ,~-~-¥-QI( ___ _ Signature:~f#...__:::::====::::--....:..,.-, __
For: a!'//3
P-1(0) Page 4 of4 Revised 07/10
Federal Aviation Ad tistration
Air Traffic Airspace Branch, ASW-520
2601 Meacham Blvd.
Fort Worth, TX 76137-0520
Issued Date: 05/20/2010
Federico Mina
BMR -Gazelle Court LLC
17190 Bernardo Center Drive
San Diego, CA 92128
Aeronautical Study No.
2010-A WP-2974-0E
**DETERMINATION OF NO HAZARD TO AIR NAVIGATION**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44 718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:
Location:
Latitude:
Longitude:
Heights:
Building -Isis Pharmaceuticals, Inc., Gazelle Court Off
Carlsbad, CA
33-08-31.99N NAD 83
117-15-05.59W
45 feet above ground level (AGL)
502 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial adverse effect on the safe
and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.
Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a
hazard to air navigation provided the following condition(s) is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to
this office any time the project is abandoned or:
__ At least 10 days prior to start of construction (7460-2, Part I)
_X_ Within 5 days after the construction reaches its greatest height (7460-2, Part II)
See attachment for additional condition(s) or information.
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking
and/or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in
accordance with FAA Advisory circular 70/7460-1 K Change 2.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
Any height exceeding 45 feet above ground level (502 feet above mean sea level), will result in a substantial
adverse effect and would warrant a Determination of Hazard to Air Navigation.
This determination expires on 11/20/2011 unless:
Page 1 of 8
. .t;::--
(_cityof
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 MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, co(poration, estate, trust, receiver, syndicate, in this and any other county, .~::ity and county,
city municipalitY,'district or other politicc.d subdivision or any other .group or combination actirJg as a unit."
Agents. may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Corp/Part :Z:ONI.S P~A-~L.tllCIIt..-..>
Title. ___________ _ Title _____________ _
Address _________ _ Address .;l-_,55' lbl:\'"l...£.l.U.... c.-r c.A.-v'l..l.-~kb
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person N/A Corp/Part BMR-Gazelle L.P.
Title ___________ _ Title _____________ _
Address _________ _ Address 17190 Bernardo Center Drive
San Diego, CA 92128
Page 1 of2 Revised 07110
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust. _________ _
Title ___________ _ Title -----------------Address. __________ _ Address. ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes 00 No If yes, please indicate person(s):. __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
· BMR-Gazelle L.P.
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 of 2 Revised 07/10
(City of
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 Agency and hereby certify that (check one):
1!1 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 are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Wayne Sanders c/o lonis Phamaceuticals, Inc.
Address: 2855 Gazelle Court
Carlsbad, CA., 92010
PROPERTY OWNER
Name:BMR-GAZELLE LP
Address: 17190 Bernardo Center Dr.
San Diego, CA 92007
Phone Number: ?60.603.2562 Phone Number: 858.485.9840
Address of Site: 2855 Gazelle Court, Carlsbad CA., 92010
Local Agency (City and County): City of Carlsbad, County of San Diego
Assessor's book, page, and parcel number:_2_0_9_-1_2_0_-1_1 _______________ _
Specify list(s): ____________________________ _
Regulatory Identification Number: ______________________ _
Date of List: _____________________________ _
f(o
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 02/13
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/CorteseList/default.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 Division
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 of 2 Revised 02113
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1 (E)
PLEASE NOTE:
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .ca rlsbadca .gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application) please call (76 ) 602-4610.
Applicant Signature:
Staff Signature:
Date: 3-J 1-L,fo
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
City ~of
lsba<i
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
[ ~~~]~~:~~~:~~"~~;;'\,;,, ""':,: e '""'"~~",")r, ~;"" """ c c '""ecCe"'". ;<.·• '", , ; ,: c , .,~. ,.;,,./··· •• ,(./,,(··•·.· •• • • ·~
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 you, this will result in the return of the development application as incomplete. In this case, please make the changes to
the questionnaire and resubmit to the City.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application. Only one completed
and signed questionnaire is required when multiple development applications for the same project are submitted
PROJECT NAME: Employee Fitness Center and Wing C Office Addition
PROJECT ID:
DNew ment
The total proposed disturbed area is: 41,374 ft2 ( 0.95 ) acres
The total proposed newly created and/or replaced impervious area is: 23•731 ft2 ( 054 ) acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP #of the larger development project:
Project ID: ------------SWQMP #: -----------
Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your
to the
E-34 Page 1 of 4 REV 02/16
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing
building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
NO
NO
If you answered "yes" to the above question, provide justification below then Go to step 5, mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas;
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?
2. Retrofitting or redeveloping existing paved 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
NO
NO
NO
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then Go to step 5,
mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information.
Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV. 02/16
,,:,', ' ./,' :.£~·;~~;b()M~c~~~DFP~;'~L_L5~~W~·~:REOE*~·l_h~ME~f·RROJECTg ..' ·.· ...
( ,; .. ' ' '•:, . ,'
To determine if your project is a PDP, please answer the following questions
(MS4 Permit Provision E.3.b.(1 )):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, NO
and public development projects on public or private 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 YES more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development_Qrojects 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 NO 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 5812).
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 NO
development project includes development on any natural slope that is twenty-five percent or greater.
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 NO is a land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your 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 NO freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface
used for the transportation of automobiles, trucks, motorcycles, and other vehicles.
7. Is 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 NO 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 (i.e. not commingled with flows from adjacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000
square feet or more of impervious surface that supports an automotive repair shop? An automotive NO repair shop is a facility that is categorized in any one of the following Standard Industrial Classification
(SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces .5,000
square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category NO includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average
Daily Traffic (ADT) of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of NO land and are expected to generate pollutants post construction?
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more NO of impervious surface or (2) increases impervious surface on the property by more than 1 0%? (CMC
21.203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, Go to step 4. If your project is a new project, Go to step 5, check the first box stating "My project is a PDP ... "
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT', "Go to step 5, check the
second box stating "My QrOject is a 'STANDARD PROJECT ... " and complete applicant information.
E-34 Page 3 of 4 REV. 02/16
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or 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) = ____ 4_2_8_·8_1_5 _____ sq. ft.
Total proposed newly created or replaced impervious area (B) = ___ 2_3_,7_3_1 ______ sq. ft.
Percent impervious area created or replaced (B/A)*100 = 5.53 %
YES
If you answered "yes", the structural BMP's required for PDP apply only to the creation or replacement of impervious
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... "and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the
check the first box stating "My project is a PDP ... "and complete applicant information.
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'
stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and
exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
0 My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Assessor's Parcel Number(s): 209-120-20-00
Applicant Name: Applicant Title:A(q}~---.
* Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of
Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and
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.
This Box for City Use Only
City Concurrence: I YES I NO
I I
By:
Date:
Project ID:
E-34 Page 4 of 4 REV. 02/16
@ Chicago Title Insurance Company
POLICY NO.: Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
PROFORMA
OWNER~S POUCY OF TITLE INSURANCE
Issued by
Chicago Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company")
insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not
exceeding the Amount oflnsurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform
those acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) 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. The term "encroachment" includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building
and zoning) restricting, regulating, prohibiting, or relating to
72306 (6/06) ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AMHUCAN
lt\ND_ I! Ill
... \~flCI ... liUi'o
Order No.: 00046579-994-X49 Policy No.: Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision ofland; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the
enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the
Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the
Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created
or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the
deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy,
but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly
authorized officers.
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Policy. It does not reflect the present state of the Title and is not a commitment to (i) insure the Title or (ii)
issue any of the attached endorsements. Any such commitment must be an express written undertaking on appropriate forms
of the Company.
72306 (6/06) ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AMUUCAN
L~N ll 1! Ill
,\~\(IC!,.\TH.I'-
Order No.: 00046579-994-X49 Policy No.: •. "Forma-CA-FBSC-IMP-72306-1-15-00046579
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:
I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) the subdivision ofland; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I (a) does not modify or limit the coverage provided
under Covered Risk 5.
(b) Any governmental police power. This Exclusion !(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modifY or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in
Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
1. DEFINITION OF TERMS
The following tenus when used in this policy
mean:
(a) "Amount of Insurance": The amount
stated in Schedule A, as may be increased or
decreased by endorsement to this policy, increased by
Section 8(b ), or decreased by Sections 10 and II of
these Conditions.
(b) "Date of Policy": The date designated as
'Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust,
limited liability company, or other similar legal
entity.
(d) "Insured": The Insured named m
Schedule A
(i) The term "Insured" also includes
(A) successors to the Title of the
Insured by operation of law as distinguished from
purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by
dissolution, merger, consolidation, distribution, or
reorganization;
(C) successors to an Insured by its
conversion to another kind of Entity;
(D) a grantee of an Insured under a
deed delivered without payment of actual valuable
consideration conveying the Title
(I) if the stock, shares,
memberships, or other equity interests of the grantee
are wholly-owned by the named Insured,
(2) if the grantee wholly
owns the named Insured,
(3) if the grantee is wholly-
owned by an affiliated Entity of the named Insured,
provided the affiliated Entity and the named Insured
are both wholly-owned by the same person or Entity,
or
( 4) if the grantee is a trustee
or beneficiary of a trust created by a written
72306 (6/06)
CONDITIONS
instrument established by the Insured named in
Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D)
reserving, however, all rights and defenses as to any
successor that the Company would have had against
any predecessor Insured.
(e) "Insured Claimant": An Insured claiming
loss or damage.
(f) "Knowledge" or "Known": Actual
knowledge, not constructive knowledge or notice that
may be imputed to an Insured by reason of the Public
Records or any other records that impart constructive
notice of matters affecting the Title.
(g) "Land": The land described in Schedule
A, and affixed improvements that by law constitute
real property. The term "Land" does not include any
property beyond the lines of the area described in
Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys,
lanes, ways, or waterways, but this does not modify
or limit the extent that a right of access to and from
the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust
deed, or other security instrument, including one
evidenced by electronic means authorized by law.
(i) "Public Records": Records established
under state statutes at Date of Policy for the purpose
of imparting constructive notice of matters relating to
real property to purchasers for value and without
Knowledge. With respect to Covered Risk 5( d),
"Public Records" shall also include environmental
protection liens filed in the records of the clerk of the
United States District Court for the district where the
Land is located.
G) "Title": The estate or interest described in
Schedule A
(k) "Unmarketable Title": Title affected by an
alleged or apparent matter that would permit a
prospective purchaser or lessee of the Title or lender
on the Title to be released from the obligation to
purchase, lease, or lend if there is a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in
force as of Date of Policy in favor of an Insured, but
only so long as the Insured retains an estate or
interest in the Land, or holds an obligation secured by
a purchase money Mortgage given by a purchaser
from the Insured, or only so long as the Insured shall
have liability by reason of warranties in any transfer
or conveyance of the Title. This policy shall not
continue in force in favor of any purchaser from the
Insured of either (i) an estate or interest in the Land,
or (ii) an obligation secured by a purchase money
Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY
INSURED CLAIMANT
The Insured shall notify the Company promptly
in writing (i) in case of any litigation as set forth in
Section 5(a) of these Conditions, (ii) in case
Knowledge shall come to an Insured hereunder of
any claim of title or interest that is adverse to the
Title, as insured, and that might cause loss or damage
for which the Company may be liable by virtue of
this policy, or (iii) if the Title, as insured, is rejected
as Unmarketable Title. If the Company is prejudiced
by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured
Claimant under the policy shall be reduced to the
extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to
determine the amount of loss or damage, the
Company may, at its option, require as a condition of
payment that the Insured Claimant furnish a signed
proof of loss. The proof of loss must describe the
defect, lien, encumbrance, or other matter insured
against by this policy that constitutes the basis of loss
or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage.
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AAtUUCAN
L:'N[) l!!U
·\,,llC1.~1 :(P,
Order No.: 00046579-994-X49
5. DEFENSE AND PROSECUTION OF
ACTIONS
(a) Upon written request by the Insured, and
subject to the options contained in Section 7 of these
Conditions, the Company, at its own cost and without
unreasonable delay, shall provide for the defense of
an Insured in litigation in which any third party
asserts a claim covered by this policy adverse to the
Insured. This obligation is limited to only those stated
causes of action alleging matters insured against by
this policy. The Company shall have the right to
select counsel of its choice (subject to the right of the
Insured to object for reasonable cause) to represent
the Insured as to those stated causes of action. It shall
not be liable for and will not pay the fees of any other
counsel. The Company will not pay any fees, costs,
or expenses incurred by the Insured in the defense of
those causes of action that allege matters not insured
against by this policy.
(b) The Company shall have the right, in
addition to the options contained in Section 7 of these
Conditions, at its own cost, to institute and prosecute
any action or proceeding or to do any other act that in
its opinion may be necessary or desirable to establish
the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any
appropriate action under the terms of this policy,
whether or not it shall be liable to the Insured. The
exercise of these rights shall not be an admission of
liability or waiver of any provision of this policy. If
the Company exercises its rights under this
subsection, it must do so diligently.
(c) Whenever the Company brings an action
or asserts a defense as required or permitted by this
policy, the Company may pursue the litigation to a
final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its
sole discretion, to appeal from any adverse judgment
or order.
6. DUTY OF INSURED CLAIMANT TO
COOPERATE
(a) In all cases where this policy permits or
requires the Company to prosecute or provide for the
defense of any action or proceeding and any appeals,
the Insured shall secure to the Company the right to
so prosecute or provide defense in the action or
proceeding, including the right to use, at its option,
the name of the Insured for this purpose. Whenever
requested by the Company, the Insured, at the
Company's expense, shall give the Company all
reasonable aid (i) in securing evidence, obtaining
witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any
other lawful act that in the opinion of the Company
may be necessary or desirable to establish the Title or
any other matter as insured. If the Company is
prejudiced by the failure of the Insured to furnish the
required cooperation, the Company's obligations to
the Insured under the policy shall terminate,
including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to
the matter or matters requiring such cooperation.
(b) The Company may reasonably require the
Insured Claimant to submit to examination under
oath by any authorized representative of the
Company and to produce for examination, inspection,
and copying, at such reasonable times and places as
may be designated by the authorized representative of
the Company, all records, in whatever medium
72306 (6/06)
Policy No.: Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e-mails, disks,
tapes, and videos whether bearing a date before or
after Date of Policy, that reasonably pertain to the
loss or damage. Further, if requested by any
authorized representative of the Company, the
Insured Claimant shall grant its permission, in
writing, for any authorized representative of the
Company to examine, inspect, and copy all of these
records in the custody or control of a third party that
reasonably pertain to the loss or damage. All
information designated as confidential by the Insured
Claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary
in the administration of the claim. Failure of the
Insured Claimant to submit for examination under
oath, produce any reasonably requested information,
or grant permission to secure reasonably necessary
information from third parties as required in this
subsection, unless prohibited by law or govemmental
regulation, shall terminate any liability of the
Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE
SETTLE CLAIMS; TERMINATION OF
LIABILITY
In case of a claim under this policy, the
Company shall have the following additional options:
(a) To Pay or Tender Payment of the
Amount oflnsurance.
To pay or tender payment of the Amount of
Insurance under this policy together with any costs,
attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to
the time of payment or tender of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of this
option, all liability and obligations of the Company to
the Insured under this policy, other than to make the
payment required in this subsection, shall tenninate,
including any liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With
Parties Other Than the Insured or With the
Insured Claimant.
(i) To pay or otherwise settle with other
parties for or in the name of an Insured Claimant any
claim insured against under this policy. In addition,
the Company will pay any costs, attorneys' fees, and
expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of
payment and that the Company is obligated to pay; or
(ii) To pay or otherwise settle with the
Insured Claimant the loss or damage provided for
under this policy, together with any costs, attorneys'
fees, and expenses incurred by the Insured Claimant
that were authorized by the Company up to the time
of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of
the options provided for in subsections (b )(i) or (ii),
the Company's obligations to the Insured under this
policy for the claimed loss or damage, other than the
payments required to be made, shall terminate,
including any liability or obligation to defend,
prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF
LIABILITY
This policy is a contract of indemnity against
actual monetary loss or damage sustained or incurred
by the Insured Claimant who has suffered loss or
damage by reason of matters insured against by this
policy.
(a) The extent of liability of the Company for
loss or damage under this policy shall not exceed the
lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of
the Title as insured and the value of the Title subject
to the risk insured against by this policy.
(b) If the Company pursues its rights under
Section 5 of these Conditions and is unsuccessful in
establishing the Title, as insured,
(i) the Amount of Insurance shall be
increased by l 0%, and
(ii) the Insured Claimant shall have the
right to have the loss or damage determined either as
of the date the claim was made by the Insured
Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under
(a) and (b), the Company will also pay those costs,
attorneys' fees, and expenses incurred in accordance
with Sections 5 and 7 ofthese Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or
removes the alleged defect, lien or encumbrance, or
cures the lack of a right of access to or from the
Land, or cures the claim of Unmarketable Title, all as
insured, in a reasonably diligent manner by any
method, including litigation and the completion of
any appeals, it shall have fully perfonned its
obligations with respect to that matter and shall not
be liable for any loss or damage caused to the
Insured.
(b) In the event of any litigation, including
litigation by the Company or with the Company's
consent, the Company shall have no liability for loss
or damage until there has been a final determination
by a court of competent jurisdiction, and disposition
of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss
or damage to the Insured for liability voluntarily
assumed by the Insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE;
REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except
payments made for costs, attorneys' fees, and
expenses, shall reduce the Amount of Insurance by
the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by
any amount the Company pays under any policy
insuring a Mortgage to which exception is taken in
Schedule B or to which the Insured has agreed,
assumed, or taken subject, or which is executed by an
Insured after Date of Policy and which is a charge or
lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage
have been definitely fixed in accordance with these
Conditions, the payment shall be made within 30
days.
13. RIGHTS OF RECOVERY UPON
PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled
and paid a claim under this policy, it shall be
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
<\,\\lltiCAN
l.-\ND !Ill I
A~~ll\'P.l){1\
Order No.: 00046579-994-X49
subrogated and entitled to the rights of the Insured
Claimant in the Title and all other rights and
remedies in respect to the claim that the Insured
Claimant has against any person or property, to the
extent of the amount of any loss, costs, attorneys'
fees, and expenses paid by the Company. If requested
by the Company, the Insured Claimant shall execute
documents to evidence the transfer to the Company
of these rights and remedies. The Insured Claimant
shall permit the Company to sue, compromise, or
settle in the name of the Insured Claimant and to use
the name of the Insured Claimant in any transaction
or litigation involving these rights and remedies.
If a payment on account of a claim does not
fully cover the loss of the Insured Claimant, the
Company shall defer the exercise of its right to
recover until after the Insured Claimant shall have
recovered its loss.
(b) The Company's right of subrogation
includes the rights of the Insured to indemnities,
guaranties, other policies of insurance, or bonds,
notwithstanding any tenns or conditions contained in
those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand
that the claim or controversy shall be submitted to
arbitration pursuant to the Title Insurance Arbitration
Rules of the American Land Title Association
("Rules"). Except as provided in the Rules, there
shall be no joinder or consolidation with claims or
controversies of other persons. Arbitrable matters
may include, but are not limited to, any controversy
or claim between the Company and the Insured
arising out of or relating to this policy, any service in
connection with its issuance or the breach of a policy
72306 (6/06)
Policy No.: ·~co Forma-CA-FBSC-IMP-72306-1-15-00046579
provision, or to any other controversy or claim
arising out of the transaction giving rise to this
policy. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at
the option of either the Company or the Insured. All
arbitrable matters when the Amount of Insurance is
in excess of $2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the
Rules shall be binding upon the parties. Judgment
upon the award rendered by the Arbitrator(s) may be
entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT
(a) This policy together with all
endorsements, if any, attached to it by the Company
is the entire policy and contract between the Insured
and the Company. In interpreting any provision of
this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises
out of the status of the Title or by any action asserting
such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this
policy must be in writing and authenticated by an
authorized person, or expressly incorporated by
Schedule A of this policy.
(d) Each endorsement to this policy issued at
any time is made a part of this policy and is subject to
all of its terms and provisions. Except as the
endorsement expressly states, it does not (i) modify
any of the terms and provisions of the policy, (ii)
modify any prior endorsement, (iii) extend the Date
of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in
whole or in part, is held invalid or unenforceable
under applicable law, the policy shall be deemed not
to include that provision or such part held to be
invalid, but all other provisions shall remain in fiJI!
force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured
acknowledges the Company has underwritten the
risks covered by this policy and determined the
premium charged therefor in reliance upon the law
affecting interests in real property and applicable to
the interpretation, rights, remedies, or enforcement of
policies of title insurance of the jurisdiction where
the Land is located.
Therefore, the court or an arbitrator shall apply
the law of the jurisdiction where the Land is located
to determine the validity of claims against the Title
that are adverse to the Insured and to interpret and
enforce the terms of this policy. In neither case shall
the court or arbitrator apply its conflicts of law
principles to detennine the applicable law.
(b) Choice of Forum: Any litigation or other
proceeding brought by the Insured against the
Company must be filed only in a state or federal
court within the United States of America or its
territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or
statement in writing required to be given to the
Company under this policy must be given to the
Company at Chicago Title Insurance Company, Attn:
Claims Department, Post Office Box 45023,
Jacksonville, Florida 32232-5023.
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AMUtlCAN
l_t~N.P 1'111 E
A\HXI.\1:0,'>
Order No.: 00046579-994-X49 Policy No.: Pro For~a-CA-FBSC-IMP-72306-1-15-00046579
Chicago Title Insurance Company
SCHEDULE A
This is a Pro Forma Policy. It does not reflect the present state of the Title and is not a commitment to (i) insure the
Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written undertaking on
appropriate forms of the Company.
Name and Address of Title Insurance Company: Chicago Title Company
725 South Figueroa StreetAngeles,
Policy No.: Pro Forma-CA-FBSC-IMP-72306-1-15-00046579 Order No.: 00046579-994-X49
Address Reference: 2855 Gazelle Court, Carlsbad, CA
Amount oflnsurance: $ __________ (being policy issuer's coinsurance share of aggregate amount per site)
subject to EXH-B-COINSURANCE Premium: (To be determined)
Date ofPolicy: Date and Time of Recording
Pro Forma Policy Dated January 17,2016
1. Name oflnsured:
BMR-Gazelle Court LP, a Delaware limited partnership
2. The estate or interest in the Land that is insured by this policy is:
A Fee as to Parcel(s) 1
Easement(s) more fully described below as to Parcel(s) 2
3. Title is vested in:
BMR-Gazelle Court LP, a Delaware limited partnership
4. The Land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED
72306A (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AM !:lUCAN
lt\Nil_ll_!_l (
-\\\!1(1'\lH''-
Order No.: 00046579-994-X49 Policy No.: Pro ~·t.~rma-CA-FBSC-IMP-72306-1-15-00046579
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
PARCEL "A" OF CERTIFICATE OF COMPLIANCE NO. ADJ 09-05 RECORDED JANUARY 19, 2010 AS
INSTRUMENT NO. 2010-0024854 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
LOT 14 OF CARLSBAD TRACT NO. 97-13-02, ACCORDING TO MAP THEREOF NO. 15505, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON JANUARY 23, 2007 AS FILE NO. 2007-0047588 OF OFFICIAL
RECORDS, TOGETHER WITH A PORTION OF LOT 'B' OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 14; THENCE, ALONG THE NORTH LINE OF SAID
LOT 14, NORTH 89°09'41" EAST 629.31 FEET;
THENCE SOUTH 00°31 '59" WEST 8.11 FEET;
THENCE NORTH 89°53'58" EAST 392.46 FEET;
THENCE NORTH 53°13'30" EAST 15.15 FEET;
THENCE SOUTH 56°49'30" EAST 85.95 FEET TO THE NORTHEAST CORNER OF SAID LOT 14, SAID CORNER
BEING ON A NON-TANGENT 264.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THE RADIAL LINE
TO SAID POINT BEARS SOUTH 56°49'30" EAST;
THENCE, ALONG THE EAST LINE OF SAID LOT 14, SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 5°50'08" AN ARC DISTANCE OF 26.89 FEET;
THENCE, TANGENT TO SAID CURVE, SOUTH 39°00'38" WEST 329.54 FEET TO THE BEGINNING OF A
TANGENT 736.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°07'33" A DISTANCE
OF 322.76 FEET TO THE SOUTHEAST CORNER OF SAID LOT 14, SAID CORNER ALSO BEING A POINT ON THE
SUBDIVISION BOUNDARY OF MAP NO. 14926;
THENCE, ALONG THE SOUTH LINE OF SAID LOT 14 AND THE BOUNDARY OF SAID MAP NO. 14926, NON-
TANGENT TO SAID CURVE NORTH 52°33'23" WEST 148.70 FEET;
THENCE SOUTH 48°06'30" WEST, 21.89 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°22'48" AN ARC
DISTANCE OF 60.00 FEET;
72306A (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
2
AMfRICAN
lANI1 Ill It
Order No.: 00046579-994-X49 Policy No.: Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
EXHIBIT A
(Continued)
THENCE SOUTH 82°29'18" WEST (PER SCRIVENERS ERROR READ AS "THENCE 82° 29' 18" WEST") 147.20
FEET; THENCE NORTH 89°14'55" WEST 410.06 FEET TO THE SOUTHWEST CORNER OF SAID LOT 14;
THENCE, LEAVING SAID LOT 14 AND CONTINUING ALONG THE BOUNDARY OF SAID MAP NO. 14926,
SOUTH 29°36'38" WEST 51.14 FEET;
THENCE NORTH 77°38'20" WEST 216.59 FEET;
THENCE, LEAVING THE BOUNDARY OF SAID MAP NO. 14926, NORTH 43°05'58" EAST 78.45 FEET;
THENCE NORTH 01 °47'45" EAST 442.55 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THAT PUBLIC
STREET AND UTILITY EASEMENT RECORDED JANUARY 23, 2007 AS FILE NO. 2007-0047586 OF OFFICIAL
RECORDS, SAID POINT BEING ON A NON-TANGENT 836.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 23°00'29" WEST;
THENCE, EASTERLY ALONG SAID EASEMENT AND SAID CURVE, THROUGH A CENTRAL ANGLE OF
10°54'11" AN ARC DISTANCE OF 159.09 FEET TO THE BEGINNING OF A COMPOUND 56.00 FOOT RADIUS
CURVE CONCAVE WESTERLY;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 181 °26'49" AN ARC DISTANCE
OF 177.34 FEET TO THE POINT OF BEGINNING.
PARCEL2:
AN EASEMENT FOR A PRIVATE DRAINAGE OVER AND ACROSS LOT 4 OF CARLSBAD TRACT NO. 97-13-01,
CARLSBAD OAKS NORTH PHASE 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14926, RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON DECEMBER 15, 2004, AS CREATED BY EASEMENT AGREEMENT
EXECUTED BY KILROY REALTY FINANCE PARTNERSHIP, L.P., A DELAWARE LIMITED PARTNERSHIP,
TECHBILT CONSTRUCTION CORP., A CALIFORNIA CORPORATION AND CARLSBAD OAKS NORTH
PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP, DATED JANUARY 20, 2010 AND RECORDED
JANUARY 29, 2010 AS INSTRUMENT NO. 2010-0047608 OF OFFICIAL RECORDS.
APN(s): 209-120-20-00
72306A (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
3
AMf.RICAt-:
J,\ND 11!11
Order No.: 00046579-994-X49 Policy No.: Pro rorma-CA-FBSC-IMP-72306-1-15-00046579
SCHEDULEB
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attomeys' fees, or expenses that
arise by reason of:
A. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Penalty and Cost:
Homeowners Exemption:
Code Area:
209-120-20-00
2015-2016
$350,961.05, Paid
$350,961.05, Unpaid (a lien payable, but not yet due or delinquent)
$35,106.10
$0.00
09013
B. This exception has been intentionally deleted.
C. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as
follows:
CFDNo:
For:
Disclosed by:
Recording Date:
Recording No.:
Community Facilities District No. 3
City of Carlsbad
Notice of Special Tax Lien
November 17,2005
2005-0998004 of Official Records
This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included
with and payable with the general property taxes of the City of Carlsbad, County of San Diego. The tax may not be
prepaid. A lien payable but not yet due or delinquent.
D. Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed
pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the
State of Califomia, are as follows:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Code Area:
Supplemental Bill No.:
723068 (6/06)
ALTA Owner's Policy (6117/06)
209-120-20-00
2014-2015
$1,071.00, Paid
$1,071.00, Unpaid (a lien payable, but not yet due or delinquent)
09013
849-104-02-95
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
4
AMl:-IUCAN
~:'\~ 1~ ... ~! II (
,'\\\1)(1:\!Jt'P,,
Order No.: 00046579-994-X49 Policy No.: Pro Forma~CA-FBSC-IMP-72306-1-15-00046579
SCHEDULEB
(Continued)
E. Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed
pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the
State of California, are as follows:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Code Area:
Supplemental Bill No.:
209-120-20-00
2014-2015
$182.07, Paid
$182.07, Unpaid (a lien payable, but not yet due or delinquent)
09013
849-104-03-04
F. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and
Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a
result of changes in ownership or new construction occurring prior to Date of Policy.
1. Water rights, claims or title to water, whether or not disclosed by the public records.
2. A Notice
Entitled:
Executed by:
Recording Date:
Recording No:
Notice of Restriction on Real Property
City of Carlsbad
November 9, 2004
2004-1066056 of Official Records
Reference is hereby made to said document for full particulars.
3. ANotice
Entitled: Notice of Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road
and Melrose Drive Transportation Corridors Case No.: CT 97-13
Executed by: Carlsbad Oaks North Partners, L.P., a California limited partnership
Recording Date: November 9, 2004
Recording No: 2004-1066058 of Official Records
Reference is hereby made to said document for full particulars.
4. Matters contained in that certain document
Entitled:
Executed by:
Recording Date:
Recording No:
Hold Harmless Agreement Drainage
Carlsbad Oaks North Partners, L.P., a California limited partnership
December 15, 2004
2004-1180067 of Official Records
Reference is hereby made to said document for full particulars.
72306B (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
5
AMHliC'AN
[,\NI1 IIIII
'\\\(1(!-\ii{H,
Order No.: 00046579-994-X49 Policy No.: Pro I·orma-CA-FBSC-IMP-72306-1-15-00046579
5. Matters contained in that certain document
SCHEDULER
(Continued)
Entitled: Waiver and Consent to Creation of a Community Facilities District and Agreement to
Pay Fair Share Cost ofCT 97-13 ("Agreement")
Recording Date: December 15, 2004
Recording No: 2004-1180069 of Official Records
Reference is hereby made to said document for full particulars.
Matters contained in that certain document
Entitled: Amendment No. 1 to Waiver and Consent to Creation of the Community Facilities
District (CT 97-13), Carlsbad Oaks North Partners, LP
Recording Date: November 4, 2005
Recording No: 2005-0964619 of Official Records
Reference is hereby made to said document for full particulars.
6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for
dedication on
Map/Plat:
Purpose:
Affects:
Tract No. 14926
15 foot private drainage
Parcel2.
As approximately shown on that ALTA/ACSM Land Title Survey, Job No. 20151060-003, dated November 29,
2015 last revised December 9, 2015 prepared by Ray R. Zeqollari, .L.S. No. 8346, on behalf of Delta Surveying and
Mapping
7. Matters contained in that certain document
Entitled: Agreement Between Developer/Owner and the City of Carlsbad for the Payment of a
Local Drainage Area Fee
Dated: November 9, 2004
Executed by: City of Carlsbad, a municipal corporation and Carlsbad Oaks North Partners, L.P., a
California limited partnership
Recording Date: December 21, 2004
Recording No: 2004-1201221 of Official Records
Reference is hereby made to said document for full particulars.
8. Matters contained in that certain document
Entitled:
Executed by:
Recording Date:
Recording No:
Hold Harmless Agreement Drainage
Carlsbad Oaks North Partners, LP, a California limited partnership
December 1, 2006
2006-0854466 of Official Records
Reference is hereby made to said document for full particulars.
72306B (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
6
AMUl.ICAN
I :~N_f~ _ t ~Ill
11\\(/(IAII(l'
Order No.: 00046579-994-X49 Policy No.: Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
SCHEDULEB
(Continued)
9. Matters contained in that certain document
Entitled:
Executed by:
Recording Date:
Recording No:
Hold Harmless Agreement Geological Failure
Carlsbad Oaks North Partners, LP, a California limited partnership
December 1, 2006
2006-0854467 of Official Records
Reference is hereby made to said document for full particulars.
10. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said
Land, such rights having been relinquished by said map/plat.
Affects: Said land abutting Whiptail Loop, except access opening.
11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for
dedication on
Map/Plat:
Purpose:
Affects:
Map No. 15505
Sight distance corridor
As shown on said map.
As approximately shown on that ALTA/ACSM Land Title Survey, Job No. 20151060-003, dated November 29,
2015 last revised December 9, 2015 prepared by Ray R. Zeqollari, .L.S. No. 8346, on behalf of Delta Surveying and
Mapping
12. Recitals as shown on that certain Map No. 15505
Which among other things recites:
1. No structure, fence, wall, tree, shrub, sign or other object over 30 inches above the street level may be placed or
permitted to encroach within the area identified as a Sight Distance Corridor in accordance with City Standard
Public Street Design Criteria, Section 8B.3. The underlying property owner shall maintain this condition.
2. Geotechnical Caution:
The owner of the property on behalf of itself and all of its successors in interest has agreed to hold harmless and
indemnify the City of Carlsbad from any action that may arise through any geotechnical failure, ground water
separate or land subsidence and subsequent damage that may occur, or adjacent to, this subdivision due to its
construction, operation or maintenance.
Reference is hereby made to said document for full particulars.
13. Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but
not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability,
handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition
or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or
restriction is permitted by applicable law, as set forth in the document
Recording Date: February 5, 2007
Recording No: 2007-0081082 of Official Records
72306B (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
7
AMUUCAN
1:\Nll I !Ill
A~ ' ( !C I:\ I ~ \' '-
Order No.: 00046579-994-X49 Policy No.: Pro t·vfma-CA-FBSC-IMP-72306-1-15-00046579
SCHEDULEB
(Continued)
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage
or deed of trust made in good faith and for value.
Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of a
first mortgage or first deed of trust made in good faith or for value.
Modification(s) of said covenants, conditions and restrictions
Recording Date: March 20,2013
Recording No: 2013-0175873 of Official Records
14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
San Diego Gas & Electric Company, a corporation
Public utilities together with ingress and egress
March 7, 2008
2008-0122770 of Official Records
A portion of said land as more particularly described in said document.
Limitations on the use, by the owners of said Land, of the easement area as set forth in the easement document
shown hereinabove.
Reference is hereby made to said document for full particulars.
15. This exception has been intentionally deleted.
16. Matters contained in that certain document
Entitled:
Dated:
Easement Agreement (Private Drainage)
January 20,2010
Executed by: Kilroy Realty Finance Partnership, L.P., A Delaware limited partnership; Techbilt
Construction Corp., a California corporation; and Carlsbad Oaks North Partners, L.P., a
California limited partnership
Recording Date: January 29, 2010
Recording No: 2010-004 7 608 of Official Records
Reference is hereby made to said document for full particulars.
Affects: Parcel2.
As approximately shown on that ALTA/ACSM Land Title Survey, Job No. 20151060-003, dated November 29,
2015 last revised December 9, 2015 prepared by Ray R. Zeqollari, .L.S. No. 8346, on behalf of Delta Surveying and
Mapping
72306B (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
8
AMUUCAN
t,\1-!lll",r"tt
AV\t.H lr\IIP..,
Order No.: 00046579-994-X49 Po !icy No.: Pro Forma~CA-FBSC-IMP-72306-1-15-00046579
17. Matters contained in that certain document
SCHEDULER
(Continued)
Entitled: Memorandum of Repurchase Rights
Executed by: ISIS Pharmaceuticals, a Delaware corporation and Techbilt Construction Corp., a
California corporation
Recording Date: March 3, 2010
Recording No: 2010-0104273 of Official Records
Reference is hereby made to said document for full particulars.
18. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the
document
Entitled:
Lessor:
Lessee:
Recording Date:
Recording No:
Memorandum of Lease
BMR-Gazelle Court LLC, a Delaware limited liability company
ISIS Pharmaceuticals, Inc., a Delaware corporation
March 30, 20 I 0
2010-015697 4 of Official Records
The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are
not shown herein.
Matters contained in that certain document
Entitled:
Dated:
Memorandum of Amendment to Lease Agreement
May 15,2011
Executed by: BMR-Gazelle Court LLC, a Delaware limited liability company and ISIS
Pharmaceuticals, Inc., a Delaware corporation
Recording Date: May 17,2011
Recording No: 2011-0254894 of Official Records
Reference is hereby made to said document for full particulars.
An agreement, which states that said lease is subordinate to the Deed of Trust, recorded: January_, 2016 as
Instrument No. 2016-by an agreement:
Recorded:
19. A Notice
Entitled:
Executed by:
Recording Date:
Recording No:
January_, 2016 as Instrument No. 2016-____ , of Official Records
Notice of Restriction on Real Property
City of Carlsbad
May7, 2010
2010-0232229 of Official Records
Reference is hereby made to said document for full particulars.
72306B (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
9
AMHtiL\N
(,\Nil IIIII
\\\th'l:\fl\1 ...
Order No.: 00046579-994-X49 Policy No.: Pro ,,rma-CA-FBSC-IMP-72306-1-15-00046579
SCHEDULER
(Continued)
20. Matters contained in that certain document
Entitled:
Executed by:
Recording Date:
Recording No:
Hold Harmless Agreement Geological Failure
BMR-Gazelle Court LLC
July 22,2010
2010-0369177 of Official Records
Reference is hereby made to said document for full particulars.
21. Matters contained in that certain document
Entitled:
Executed by:
Recording Date:
Recording No:
Hold Harmless Agreement Drainage
BMR-Gazelle Court LLC
July 22, 2010
2010-0369178 of Official Records
Reference is hereby made to said document for full particulars.
22. Matters contained in that certain document
Entitled:
Dated:
Executed by:
Recording Date:
Recording No:
Permanent Stormwater Quality Best Management Practice Maintenance Agreement
June 14,2010
BMR-Gazelle Court, LLC and City of Carlsbad, California, a municipal corporation
July 23, 2010
2010-03 7145 5 of Official Records
Reference is hereby made to said document for full particulars.
23. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Carlsbad Municipal Water District, a public agency organized under the Municipal Water
Act, it's successors and/or assigns
Purpose: Public water easement
Recording Date: August 9, 2010
Recording No: 2010-040684 7 of Official Records
Affects: A portion of said land as more particularly described in said document.
Limitations on the use, by the owners of said Land, of the easement area as set forth in the easement document
shown hereinabove.
Reference is hereby made to said document for full particulars.
As approximately shown on that ALTA/ACSM Land Title Survey, Job No. 20151060-003, dated November 29,
2015 last revised December 9, 2015 prepared by Ray R. Zeqollari, .L.S. No. 8346, on behalf of Delta Surveying and
Mapping
72306B (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
10
AMEIOL\N
I.~.N-~~--~II II
J,.~'ifi(!.J,.TJt\·\
Order No.: 00046579-994-X49 Policy No.: Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
24. Matters contained in that certain document
SCHEDULER
(Continued)
Entitled:
Executed by:
Encroachment Agreement for Use with Stmctures Built Over Public Right of Way
Carlsbad Municipal Water District and BMR Gazelle Court LLC, a Delaware limited
liability company
Recording Date: September 2, 2010
Recording No: 20 I 0-0462306 of Official Records
Reference is hereby made to said document for full particulars.
As approximately shown on that ALTA/ACSM Land Title Survey, Job No. 20151060-003, dated November 29,
2015 last revised December 9, 2015 prepared by Ray R. Zeqollari, .L.S. No. 8346, on behalf of Delta Surveying and
Mapping
25. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: San Diego Gas & Electric Company, a corporation
Purpose: Underground electric facilities and appurtenances; underground communication facilities;
and pipelines and appurtenances
Recording Date: November 29, 2010
Recording No: 20 I 0-0652771 of Official Records
Affects: A portion of said land as more particularly described in said document.
Subject to the terms, conditions and provisions contained therein.
As approximately shown on that ALTA/ACSM Land Title Survey, Job No. 20151060-003, dated November 29,
2015 last revised December 9, 2015 prepared by Ray R. Zeqollari, .L.S. No. 8346, on behalf of Delta Surveying and
Mapping
26. Matters contained in that certain document
Entitled:
Dated:
Landscape Maintenance Agreement
March 21, 2011
Executed by: BMR-Gazelle Court LLC, a Delaware limited liability company and Carlsbad Oaks
North Business Park Owners Association, a California nonprofit mutual benefit
corporation
Recording Date: May 11,2011
Recording No: 2011-0245163 of Official Records
Reference is hereby made to said document for full particulars.
27. This exception has been intentionally deleted.
28. Rights of tenants in possession, as tenants only, pursuant to written but umecorded, unexpired leases in effect as of
this Policy, without rights or options to purchase the insured property, as evidenced by the rent roll attached hereto.
72306B (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
11
AMf.lliCAN
IANill!'lll
Order No.: 00046579-994-X49 Policy No.: Pro. orma-CA-FBSC-IMP-72306-1-15-00046579
SCHEDULEB
(Continued)
29. Any facts, rights, interests, or claims which may exist or arise by reason of the following facts disclosed by survey,
Job No. 20151060-003, dated November 29, 2015 last revised December 9, 2015 prepared by Ray R. Zeqollari,
.L.S. No. 8346, on behalf of Delta Surveying and Mapping:
None
30. This exception has been intentionally deleted.
31. Deed of Trust given to secure the original amount shown below, and any other amount payable under the terms
thereof.
Amount:
Dated:
Tmstor/Grantor
Tmstee:
$(To be determined)
January_, 2016
BMR-Gazelle Court LP, a Delaware limited partnership
Chicago Title Company
Beneficiary: Citigroup Global Markets Realty Corp., Citi Real Estate Funding Inc. and Goldman
Sachs Mortgage Company
Recording Date: January_, 2016
Recording No: 2016-of Official Records
32. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
Note:
The foregoing exception shall not apply in the event Mezzanine Lender (as defined in the Mezzanine-Endorsement
to this Owner's Policy) exercises rights under the pledge agreement and becomes the beneficial owner of the Insured
for Owner's Policy.
72306B (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
12
AMI: RICAN
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Order No. 00046579-994-X49 Policy No. Pro Forma-CA-FBSC-IMP-72306-l-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued by
Chicago Title Insurance Company
1. The Company insures against loss or damage sustained by the Insured in the event that, at Date of Policy,
a. according to applicable zoning ordinances and amendments, the Land is not classified Zone P-M (Planned
Industrial);
b. the following use or uses are not allowed under that classification:
Those certain pennitted uses allowed under Section 21.34.020 of the municipal code of the City of
Carlsbad
c. There shall be no liability under this paragraph l.b. if the use or uses are not allowed as the result of any
lack of compliance with any conditions, restrictions, or requirements contained in the zoning ordinances
and amendments, including but not limited to the failure to secure necessary consents or authorizations as a
prerequisite to the use or uses. This paragraph I.e. does not modify or limit the coverage provided in
Covered Risk 5.
2. The Company further insures against loss or damage sustained by the Insured by reason of a final decree of a court
of competent jurisdiction either prohibiting the use of the Land, with any existing structure, as specified in
paragraph l.b.; or requiring the removal or alteration of the structure, because, at Date of Policy, the zoning
ordinances and amendments have been violated with respect to any of the following matters:
a. Area, width, or depth of the Land as a building site for the structure
b. Floor space area of the structure
c. Setback of the structure from the property lines of the Land
d. Height of the structure, or
e. Number of parking spaces.
3. There shall be no liability under this endorsement based on:
a. the invalidity of the zoning ordinances and amendments until after a final decree of a court of competent
jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses;
b. the refusal of any person to purchase, lease or lend money on the Title covered by this policy.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72E604 ALTA 3.1-06 Zoning-Completed Stmcture (10-22-09)
CLTA 123.2-06
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page 1of 1
.>\1\\UUCAN
lr\NP llltl
oi,\;J,lfl·\l:P . ._
Order No. 00046579-994-X49 Policy No. Pru, orma-CA-FBSC-IMP-72306-l-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued by
Chicago Title Insurance Company
The Company insures against loss or damage sustained by the Insured by reason of an environmental protection lien that, at
Date of Policy, is recorded in the Public Records or filed in the records of the clerk of the United States district court for the
district in which the Land is located, unless the environmental protection lien is set forth as an exception in Schedule B.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72E487 ALTA 8.2-06 Commercial Environmental Lien (10-16-08)
CLTA 110.9.1-06
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page 1of 1
AMHUCAN
lt\1'011111
'"\tlt"'!:\ltUI>.
Order No. 00046579-994-X49 Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued By
Chicago Title Insurance Company
1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the
Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the
policy.
2. For the purposes of this endorsement only,
a. "Covenant" means a covenant, condition, limitation or restriction in a document or instrument in effect at
Date of Policy.
b. "Improvement" means a building, structure located on the surface of the Land, road, walkway, driveway, or
curb, affixed to the Land at Date of Policy and that by law constitutes real property, but excluding any
crops, landscaping, lawn, shrubbery, or trees.
3. The Company insures against loss or damage sustained by the Insured by reason of:
a. A violation on the Land at Date of Policy of an enforceable Covenant, unless an exception in Schedule B of
the policy identifies the violation;
b. Enforced removal of an Improvement as a result of a violation, at Date of Policy, of a building setback line
shown on a plat of subdivision recorded or filed in the Public Records, unless an exception in Schedule B
of the policy identifies the violation; or
c. A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant
relating to environmental protection describing any part of the Land and refening to that Covenant, but
only to the extent of the violation of the Covenant referred to in that notice, unless an exception in
Schedule B of the policy identifies the notice of the violation.
4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attomeys' fees, or
expenses) resulting from:
a. any Covenant contained in an instrument creating a lease;
b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the
Land; or
c. except as provided in Section 3.c., any Covenant relating to environmental protection of any kind or nature,
including hazardous or toxic matters, conditions, or substances.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modifY any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72E712 ALTA 9.2-06 Covenants, Conditions and Restrictions -Improved Land-Owner's Policy ( 4-2-12)
CLTA 100.10-06
Page 1 of 1
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AMI:RiC.":\N
l_r\Nll I_ Ill I
·\~\Ct( l:\! iP'
Order No. 00046579-994-X49-DB Policy No. Pro r~.lrma-CA-FBSC-IMP-72306-1-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued By
Chicago Title Insurance Company
1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the
Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the
policy.
2. For the purposes of this endorsement only:
a. "Covenant" means a covenant, condition, limitation or restriction in a document or instrument recorded in
the Public Records at Date of Policy.
b. "Private Right" means (i) an option to purchase; (ii) a right of first refusal; or (iii) a right of prior approval
of a future purchaser or occupant.
3. The Company insures against loss or damage sustained by the Insured under this Owner's Policy if enforcement of a
Private Right in a Covenant affecting the Title at Date of Policy based on a transfer of Title on or before Date of
Policy causes a loss of the Insured's Title.
4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or
expenses) resulting from:
a. any Covenant contained in an instrument creating a lease;
b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the
Land;
c. any Covenant relating to environmental protection of any kind or nature, including hazardous or toxic
matters, conditions, or substances; or
d. any Private Right in an instrument identified in Exception(s) 17 in Schedule B.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms ofthe Company.
72E748 ALTA 9.9-06 Private Rights-Owner's Policy (4-2-13)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
r\Mt:IUC:\N
~A.NY !lrt 1
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Order No. 00046579-994-X49 Policy No. Pro Forma-CA-FBSC-IMP-72306-l-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued by
Chicago Title Insurance Company
The Company agrees that it will not assert the provisions of Exclusions from Coverage 3(a), (b), or (e) to deny liability for
loss or damage otherwise insured against under the terms of the policy solely by reason of the action or inaction or
Knowledge, as of Date of Policy, of whether or not imputed to the Insured by operation oflaw, provided (To be determined)
acquired the Insured as a purchaser for value without Knowledge of the asserted defect, lien, encumbrance, adverse claim, or
other matter insured against by the policy.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements to it.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72El21 ALTA 15-06 Nonimputation-Full Equity Transfer (6-17-06)
CLTA 127-06
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page lof 1
:\Mf.IUCAN
1:\ND l!fll
.. \\\,I(J.J,\!{1',
Order No. 00046579-994-X49 Policy No. Prv r<orma-CA-FBSC-IMP-72306-1-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued by
Chicago Title Insurance Company
The Company insures against loss or damage sustained by the Insured if, at Date of Policy (i) the Land does not abut and
have both actual vehicular and pedestrian access to and from Gazelle Court and Whiptail Loop (the "Streets"), (ii) the Streets
are not physically open and publicly maintained, or (iii) the Insured has no right to use existing curb cuts or entries along that
portion of the Streets abutting the Land.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements to it.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72El25 ALTA 17-06 Access and Entry ( 6-17 -06)
CLTA 103.11-06
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page !of I
AMF.IUCAN
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Order No. 00046579-994-X49 Policy No. Pro Forma-CA-FBSC-IMP-72306-l-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued by
Chicago Title Insurance Company
The Company insures against loss or damage sustained by the Insured by reason of the lack of a right of access to the
following utilities or services:
X
X
Water service
Electrical power service
X
X
Natural gas service
Sanitary sewer
X
X
Telephone service
Storm water drainage
either over, under or upon rights-of-way or easements for the benefit of the Land because of:
(1) a gap or gore between the boundaries of the Land and the rights-of-way or easements;
(2) a gap between the boundaries of the rights-of-way or easements ; or
(3) a termination by a grantor, or its successor, of the rights-of-way or easements.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72£490 ALTA 17.2-06 Utility Access (10-16-08)
CLTA 103.13-06
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page 1of 1
AMEIUCAN
lAND ll fl!
..,,~OCI·\[:1'"•
Order No. 00046579-994-X49 Policy No. Pro rorma-CA-FBSC-IMP-72306-l-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued by
Chicago Title Insurance Company
The Company insures against loss or damage sustained by the Insured by reason of the Land being taxed as part of a larger
parcel of land or failing to constitute a separate tax parcel for real estate taxes.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements to it.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72El27 ALTA 18-06 Single Tax Parcel (6-17-06)
CLTA 129-06
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page 1of 1
1\,\HitiCAN
I!U••P I! Ill
.11,~\0C!Allt•x
Order No. 00046579-994-X49 Policy No. Pro Forrria-CA-FBSC-IMP-72306-l-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued by
Chicago Title Insurance Company
The Company insures against loss or damage sustained by the Insured by reason of:
l. the failure of Parcels I and 2 described in Schedule A to be contiguous to each other along their common boundary
line(s); or
2. the presence of any gaps, strips, or gores separating any of the contiguous boundary lines described above.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72El29 ALTA 19-06 Contiguity-Multiple Parcels (6-17-06)
CLTA 116.4.1-06
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page 1of 1
AMUUC/\N
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Order No. 00046579-994-X49 Policy No. Pro ,·orma-CA-FBSC-IMP-72306-1-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued by
Chicago Title Insurance Company
The Company insures against loss or damage sustained by the Insured by reason of the failure of a commercial structure,
known as 2855 Gazelle Court, Carlsbad, CA, to be located on the Land at Date of Policy.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72E149 ALTA 22-06 Location (6-17-06)
CLTA 116.01-06
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page 1of 1
t\,\\l-\Ul'.\N
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Order No. 00046579-994-X49 Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
PRO FORMA CO-INSURANCE ENDORSEMENT
Attached to Co-Insurer's Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued by
Chicago Title Insurance Company ("Issuing Co-Insurer")
Each title insurance company executing this Co-Insurance Endorsement, other than the Issuing Co-Insurer, shall be referred
to as a "Co-Insurer." Issuing Co-Insurer and each Co-Insurer are collectively referred to as "Co-Insuring Companies."
1. By issuing this endorsement to the Co-Insurance Policy, each of the Co-Insuring Companies adopts the Co-
Insurance Policy's Covered Risks, Exclusions, Conditions, Schedules and endorsements, subject to the limitations of
this endorsement.
Co-Insuring Companies Name and Address
Policy Number
(File Number)
Amount of
Insurance
Issuing Co-Insurer Chicago Title Insurance Pro Forma-CA-PRO FORMA
Co-Insurer
Co-Insurer
Co-Insurer
Company
P.O. Box 45023
Jacksonville, FL 32232-5023
Aggregate Amount oflnsurance
FBSC-IMP-72306-
1-15-00046579
$
$
$
$
Percentage
of Liability
%
%
%
%
2. Each of the Co-Insuring Companies shall be liable to the Insured only for its Percentage of Liability of: (a) the total
of the loss or damage under the Co-Insurance Policy, but in no event greater than its respective Amount oflnsurance
set forth in this endorsement; and (b) costs, attorneys' fees and expenses provided for in the Conditions.
3. Any notice of claim and any other notice or statement in writing required to be given under the Co-Insurance Policy
must be given to each of the Co-Insuring Companies at its address set forth above.
4. Any endorsement to the Co-Insurance Policy issued after the date of this Co-Insurance Endorsement must be signed
by each of the Co-Insuring Companies by its authorized officer or agent.
5. This Co-Insurance Endorsement is effective as of the Date of Policy of the Co-Insurance Policy. This Co-Insurance
Endorsement may be executed in counterparts.
This endorsement is issued as part of the Coinsurance Policy. Except as it expressly states, it does not (i) modify any of the
terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the
Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express
provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and
provisions of the policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
72E491 ALTA 23-06 Co-Insurance-Single Policy (10-16-08)
CLTA 114.3-06
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page 1of2
Ai\\ff.UCAN
L\t-.D 111!1
Order No. 00046579-994-X49 Policy No. Pro • orma-CA-FBSC-IMP-72306-1-15-00046579
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
Co-Insurer:
Authorized Signature
Co-Insurer:
Authorized Signature
Co-Insurer:
Authorized Signature
72E491 ALTA 23-06 Co-Insurance-Single Policy (10-16-08)
CLTA 114.3-06
Page 2 of2
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AMf.lt.IC/I.N
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Order No. 00046579-994-X49 Policy No. Pro Forrria-CA-FBSC-IMP-72306-1-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued by
Chicago Title Insurance Company
The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land as described in
Schedule A to be the same as that identified on the survey made by Delta Surveying and Mapping dated November 29, 2015
last revised December 9, 2015, and designated Job No. 20151060-003.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72E495 ALTA 25-06 Same as Survey (10-16-08)
CLTA 116.1-06
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page 1of 1
AMHUCAN
1_,·\N.r~ 1.1111
,\\\(lCL~l i\'"
Order No. 00046579-994-X49 Policy No. Pr~.-• orma-CA-FBSC-IMP-72306-1-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued by
Chicago Title Insurance Company
The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land to constitute a
lawfully created parcel according to the subdivision statutes and local subdivision ordinances applicable to the Land.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72E496 ALTA 26-06 Subdivision (10-16-08)
CLTA 116.8-06
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page 1of 1
AM Uti CAN
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Order No. 00046579-994-X49 Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued by
Chicago Title Insurance Company
The Company insures against loss or damage sustained by the Insured if the exercise of the granted or reserved rights to use
or maintain the easement(s) referred to in Exception(s) 6, II, I6, 23 and 25 of Schedule B results in:
( 1) damage to an existing building located on the Land, or
(2) enforced removal or alteration of an existing building located on the Land,
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72E608 ALTA 28-06 Easement-Damage or Enforced Removal (02-03-1 0)
CLTA 103.1-06
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Page 1of 1
AM f. lUCAN
IA_NP I'! Ill
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Order No. 00046579-994-X49 Policy No. Pn, , orma-CA-FBSC-IMP-72306-1-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued By
Chicago Title Insurance Company
1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the
Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the
policy.
2. For purposes of this endorsement only, "Improvement" means an existing building, located on either the Land or
adjoining land at Date of Policy and that by law constitutes real property.
3. The Company insures against loss or damage sustained by the Insured by reason of:
a. An encroachment of any Improvement located on the Land onto adjoining land or onto that portion of the
Land subject to an easement, unless an exception in Schedule B of the policy identifies the encroachment;
b. An encroachment of any Improvement located on adjoining land onto the Land at Date of Policy, unless an
exception in Schedule B of the policy identifies the encroachment;
c. Enforced removal of any Improvement located on the Land as a result of an encroachment by the
Improvement onto any portion of the Land subject to any easement, in the event that the owners of the
easement shall, for the purpose of exercising the right of use or maintenance of the easement, compel
removal or relocation of the encroaching Improvement; or
d. Enforced removal of any Improvement located on the Land that encroaches onto adjoining land.
4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or
expenses) resulting from the encroachments listed as Exceptions None of Schedule B.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72E719 ALTA 28.1-06 Encroachments-Boundaries and Easements (4-2-12)
CLTA 103.14-06
Page 1 of 1
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AM [lUCAN
11\NO r!lll
1\\\Ctt 1·\tto,..,
Order No. 00046579-994-X49 Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued By
Chicago Title Insurance Company
1. The insurance provided by this endorsement is subject to the exclusion in Section 4 of this endorsement; and the
Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the
policy.
2. For purposes of this endorsement only, "Improvement" means a building on the Land at Date of Policy.
3. The Company insures against loss or damage sustained by the Insured by reason of the enforced removal or
alteration of any Improvement resulting from the future exercise of any right existing at Date of Policy to use the
surface of the Land for the extraction or development of minerals or any other subsurface substances excepted from
the description of the Land or excepted in Schedule B.
4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or
expenses) resulting from:
a. contamination, explosion, fire, vibration, fracturing, earthquake or subsidence; or
b. negligence by a person or an Entity exercising a right to extract or develop minerals or other subsurface
substances.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72E720 ALTA 35-06 Minerals and Other Subsurface Substances-Buildings (4-2-12)
CLTA 140-06
Page I of I
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
-\Mf.RIC\N
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Order No. 00046579-994-X49-DB·· Policy No. Pru Forma-CA-FBSC-IMP-72306-1-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued By
Chicago Title Insurance Company
When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability
under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were
issued electronically or lack signatures in accordance with the Conditions.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72E746 ALTA 39-06 Policy Authentication (4-2-13)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
t\Mfll!C,\N
1.-\N_tl 1. ~II {
·\\\(1(!,\l :~·-.;
Order No. 00046579-994-X49 Policy No. Pro Forma~CA-FBSC-IMP-72306-1-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued by
Chicago Title Insurance Company
The policy is hereby amended by deleting Paragraph 14 of the Conditions, relating to Arbitration.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
SE-91 Deletion of Arbitration Endorsement-ALTA Owner's Policy (6/17/06) Page 1 of 1
Order No. 00046579-994-X49 Policy No. Pr" i'Orma-CA-FBSC-IMP-72306-1-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued by
Chicago Title Insurance Company
The Company insures against loss or damage sustained by the Insured by reason of damage to existing improvements,
including lawns, shrubbery or trees, resulting from the exercise of any right to use the surface of the Land for the extraction
or development of water excepted from the description of the Land or shown as a reservation in Schedule B.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
72E324 CLTA Form 103.5-06 (03-09-07) Water Rights-Surface Damage Page !of 1
Order No. 00046579-994-X49-DB Policy No. Pro Forma:CA-FBSC-IMP-72306-1-15-00046579
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CA-FBSC-IMP-72306-1-15-00046579
Issued by
Chicago Title Insurance Company
1. The Mezzanine Lender is: and each successor in ownership of its loan ("Mezzanine Loan")
reserving, however, all rights and defenses as to any successor that the Company would have had against the
Mezzanine Lender, unless the successor acquired the Indebtedness as a purchaser for value without Knowledge of
the asserted defect, lien, encumbrance, adverse claim, or other matter insured against by this policy as affecting
Title.
2. The Insured
a. assigns to the Mezzanine Lender the right to receive any amount otherwise payable to the Insured under
this policy, not to exceed the outstanding indebtedness under the Mezzanine Loan; and
b. agrees that no amendment of or endorsement to this policy can be made without the written consent of the
Mezzanine Lender.
3. The Company does not waive any defenses that it may have against the Insured, except as expressly stated in this
endorsement.
4. In the event of a loss under the policy, the Company agrees that it will not assert the provisions of Exclusions from
Coverage 3( a), (b), or (e) to refuse payment to the Mezzanine Lender solely by reason of the action or inaction or
Knowledge, as ofDate ofPolicy, of the Insured, provided
a. the Mezzanine Lender had no actual Knowledge of the defect, lien, encumbrance or other matter creating
or causing loss on Date of Policy.
b. this limitation on the application of Exclusions from Coverage 3( a), (b), and (e) shall
1. apply whether or not the Mezzanine Lender has acquired an interest (direct or indirect) in the
Insured either on or after Date of Policy, and
ii. benefit the Mezzanine Lender only without benefiting any other individual or entity that holds an
interest (direct or indirect) in the Insured or the Land.
5. In the event of a loss under the Policy, the Company also agrees that it will not deny liability to the Mezzanine
Lender on the ground that any or all of the ownership interests (direct or indirect) in the Insured have been
transferred to or acquired by the Mezzanine Lender, either on or after the Date of Policy.
6. The Mezzanine Lender acknowledges
a. that the Amount of Insurance under this policy shall be reduced by any amount the Company may pay
under any policy insuring a mortgage to which exception is taken in Schedule B or to which the Insured has
agreed, assumed, or taken subject, or which is hereafter executed by an Insured and which is a charge or
lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed
a payment under this policy; and
b. that the Company shall have the right to insure mortgages or other conveyances of an interest in the Land,
without the consent of the Mezzanine Lender.
7. If the Insured, the Mezzanine Lender or others have conflicting claims to all or part of the loss payable under the
Policy, the Company may interplead the amount of the loss into Court. The Insured and the Mezzanine Lender shall
81E821 ALTA 16-06 Mezzanine Financing (6-17-06) Page 33 of2
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AMI'It!LAN
1:\N[) IIIII
Order No. 00046579-994-X49-DB Policy No. PL r'orma-CA-FBSC-IMP-72306-l-15-00046579
be jointly and severally liable for the Company's reasonable cost for the interpleader and subsequent proceedings,
including attorneys' fees. The Company shall be entitled to payment of the sums for which the Insured and
Mezzanine Lender are liable under the preceding sentence from the funds deposited into Court, and it may apply to
the Court for their payment.
8. Whenever the Company has settled a claim and paid the Mezzanine Lender pursuant to this endorsement, the
Company shall be subrogated and entitled to all rights and remedies that the Mezzanine Lender may have against
any person or property arising from the Mezzanine Loan. However, the Company agrees that the Mezzanine Lender
that it shall only exercise these rights, or any right of the Company to indemnification, against the Insured, the
Mezzanine Loan borrower, or any guarantors of the Mezzanine Loan after the Mezzanine Lender has recovered its
principal, interest, and costs of collection.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements to it.
AGREED AND CONSENTED TO:
BMR-GAZELLE COURT LLC, a Delaware limited liability company Insert name of Mezzanine Lender
By: __________ _ By: _________ _
Dated: PRO FORMA
Chicago Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
81£821 ALTA 16-06 Mezzanine Financing (6-17-06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AMUtiC.\N
lr\ND II II!
A\\(~ ( I,~ ) ! (J 1-.
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1608101-2 03/21/2015 156
Mon, Mar 21, 2016 01:55PM
Receipt Ref Nbr: R1608101-2/0017
PERMITS -PERMITS
Tran Ref Nbr: 160810102 0017 0017
Trans/Rcpt#: R0115945
SET #: SDP16009
Amount:
Item Subtota 1:
Item Total:
ITEWS) TOTAL:
Check (Chk# 297065)
Total Received:
Have a nice day!
1 @ $4,550.00
$4,550.00
$4,550.00
$4,550.00
$4,550.00
$4,550.00
**************CUSTOMER COPY*************
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
11111111111111111111111111111111111111111111111111111111111111111
Applicant: IONIS PHARMACEUTICALS/ C/O SANDERS WAYNE
Description Amount
SDP16009 4,550.00
2855 GAZELLE CT CBAD
Receipt Number: R0115946 Transaction ID: R0115946
Transaction Date: 03/21/2016
Pay Type Method Description Amount
Payment Check 4,550.00
Transaction Amount: 4,550.00