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HomeMy WebLinkAboutSDP 2016-0001; CARLSBAD OAKS NORTH LOT 24; Site Development Plan (SDP)•• • • ••„-,. 41# Development ServicesLAND USE REVIEW Planning DivisionAPPLICATION1635 Faraday Avenue P-1 o&.(760) ca(760ri )60d203.8 - 46100vwww. • • • APPLICATIONS APPLIED FOR:(CHECK BOXES) Pevekoment Permits (FOR DEPT. USE ONLY)LepliSiftWe Perming (FOR DEPT. USE ONLY) El Coastal Development Permit El Minor El General Plan Amendment 0 Conditional Use Permit Minor ['Extension El Local Coastal Program Amendment • D.Day Care (Large)0 Master Plan 0 Amendment Environmental impact Assessment El Specific Plan •El Amendment O Habitat Management Permit El Minor El Zone Change O Hillside Development Permit 0 Minot'p Zone Code Amendment Nonconforming Construction Permit South Carlsbad Coastal Review Area Penults 0 Planned Development Permit 0 Minor El Review Permit Ei Residential Non-Residential 0 Administrative ci Minor El Major O Planning Commission Determination • El Reasonable Accommodation Village Review AntaPemilts •Site Development Plan ®Minor 201(e— 1 -1Li Review PermitCOOI Special Use Permit Administrattve El Minor El Major D Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision). 0 Variance n Minor NOTE:A PROPOSED PROJECT REQUIRING MULTIPLE APPUCATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).:209-120-18 PROJECT NAME:Carlsbad Oaks Lot 24 BRIEF DESCRIPTION OF PROJECT:Ground-up Development of a (10.9 AC.) site with a newTi144,500 SF) shell buliding.(±25,900 SF) Mezzanine Included. New parking and striping. new site lighting. new loading faallitles. and new landscape areas are to beinciuded with this applicatIon.• BRIEF LEGAL DESCRIPTION:LOT 24 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16145, FILED IN THE OFFICE OF THE COUNTY RFCAIRlaFft OF RAN nrFc4o COUNTY OCTOBER 13. 2016 LOCATION OF PROJECT:Lot 24 Whiptail Loop W. •STREET ADDRESS •ON THE:East SIDE OF WhiPtail Loop West (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN Gazelle Ct.AND Caribou Ct •• (NAME OF STREET)(NAME OF STREET) tION IVAP ..d0t11i• P-1 Page 1 of 6 Revised 03/18 •- • OWNER NAME •APPLICANT NAME (Print):•Nathan Dean(Print):Adam Robinson MAILING ADDRESS: .1010 S. Coast Highway 101, Suite 103 MAILING ADDRESS: 6363 Greenwich Dr. Suite 175 CITY,STATE, ZIP:Encinitas, CA 92104 .CITY, STATE; ZIP:San Diego, CA 92122 TELEPHONE 760-47376838 •TELEPHONE:858-638-7277 !NAIL ADDRESS:adarrerafpacIficagrotip.com EMAIL ADDRESS:ndean@warernalcomb.com AlfICERTIFY THAT I AM THE LEGAL •AahL AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND •.117 CT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE.I CERTIFY AS ER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. S ET FORTH HER N IS MY •w-ORIZED REPRESENTATIVE FORJP•PURPOSES OF •''U /• •//5/19 QijeA r ,•7 lb ataousgi w SIG RE CIA •• APPLICANTS REPRESENTATIVE (Print):Robert Park MAILING ADDRESS:6363 Greenwich Dr. Suite 175 CITY, STATE, ZIP:San DiegO, CA 92122 • TELEPHONE:858-638-7277 EMAIL ADDRESS:rpark@waremalcomb.cOm • I CERTIFY THAT I AM THE REPRESENTATIVE OF. THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS D CORRECT TO THE BEST/ OF MY • 10.1 /SA .SIG RE DATE •• IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR •MEMBERS OF CITY STAFF,PLANNING COMMISSIONERS OR CITY COUNCI MBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION.INVE CONSENT T FOR MS PURPOSE. •NOTICE OF RESTRICTION:ERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE •HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BI UCCESS • ••• OWNER SIGNATURE • • • •• • FOR CITY USE k:oNLY RECEIVED NOV 17 2016 CITY OF CARLSBAD •DATE iitiCARONWICERPINANCEIVED RECEIVED BY: • •\J M24517 P-1 •Page 2 dB •Revised 03/18 • Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Lena! Business Owner of the subject business and that all of the above Information is true and correct to the best of my knowledge.I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application.'I agree to indemnify,hold harmless, and defend the City of Carlsbad and Its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or Indirectly by the Installation or placement of the subject property on the public sidewalk and/or -the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence. of the City of Carlsbad or its officers or employees.I have submitted a Certificate of Insurance to the. City of Carlsbad •In the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-"or better and a financial size of $50-$100 (currently class V11)or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy.The notice shall be delivered to: •City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad • • The insurance shall remain in effect••-..ng as the property is placed on the public sidewalk or the business is operated on the public sidewalk.is : f reement is a condition of the issuance of this administrative •permit for the subject of this permit on th pu •'sidewalk.I understand that an approved administrative permit shall remain in effect for as long as ••• •r displays are permitted within the Village Review Area and the permittee remains in complian•bject approvz.• natiAmt.A .yo.:-11 II5 (u Certification Statement: I.Certify that I am the Lena'Property the subject business location and that all of the above information is true and correct to the of ()Wedge.I support the applicant's request for a permit to • place the subject property on the p c si lk.I understand that an approved administrative permit shall remain in effect for as long as o or lays are• permitted within the Village Review Area and the permittee remains in compliance with the J approved permit Ain 0*Mt.:11115/1(„ • • • • • • P-1 Page 3 of 6 Revised 03/16 LAND USE REVIEW APPLICATION FORM INSTRUCTIONS TO APPLICANTS In order to streamline the application process and reduce duplication in filling out application (1forms, the city has adopted a comprehensive application form to handle multiple application ' submittals.The following instructions should assist you in preparing the application form for submittal to the city: Applications applied for:Check the appropriate boxes for the various application types for which you are applying.Check with counter staff to determine required application types needed to process your specific project. Assessor Parcel No(s).:Include all assessor parcel numbers included within the project boundary.The counter staff can assist you in determining the appropriate assessor parcel number(s). Project Name:Fill in the box with the name of the project, such as ''Red Oak Homes" or "Benson Commercial."If no name is proposed, write the last name of the owner or applicant plus a brief description such as "Jones Condo Conversion" or "Smith Residential Subdivision." Brief Description of Project:Write down a brief description of the project.Be specific but do not include square footage or architectural details.For example:a neighborhood commercial center with two restaurants; single family detached residential project; or an industrial/office complex with three industrial/office buildings. Owner's Name, Address,Phone Number, Email address and Signature:To be filled in and signed by the owner for all applications.Use the owner's name as it appears on the title report. Applicant's Name, Address, Phone Number, Email address and Signature:To be filled in and signed by the applicant.If owner and applicant are the same you may write same on the space for the name.All correspondence and contact regarding the application will be directed to the applicant. Brief Legal Description:Provide a brief legal description of the property such as "Lot 6 of Map No.8828 Carlsbad Tract 88-3" or "Portion of Lot I of Rancho Agua Hedionda map 1717."Do not provide bearings and distances.A full legal description will be contained within the title report submitted with the application. Location of Project:Fill in the blanks with the street address (if appropriate), direction and street names.For projects located in undeveloped areas not adjacent to streets, use the nearest street from which the project will take access. Consent to Allow Entrance onto the Property:Signature granting members of city staff, Planning Commissioners, or City Council members' permission to inspect and enter the property. Notice of Restriction:Property owner acknowledges and consents to a Notice of Restriction if conditioned for the applicant.Notices of Restriction run with the land and bind any successors in interest. Application Requirements:Attached with the application form are the various submittal requirements for each application type listed on the face of the application.Follow any instructions contained within the submittal requirements and submit the information and materials required for each of the applications for which you are applying. 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 (760) 602-4610. IMPORTANT:Check all submittals to be sure all the required information and materials have been submitted with your application.Incomplete submittals will not be processed or scheduled for review by staff, the Commission or Council.You will be notified in writing within 30 days of submittal whether or not your application is complete. A progoSed projeCt requiring. multiple applicatio4..Ffiupf".be Submitted PrOpoSed project requiring only oneappfiCOtipt*M4Stlie'subMittea P-1 Page 4 of 6 Revised 03/16 .-• Applicant Disclosure —Form P-1(A):Alt applications require submittal of an applicant disclosure form.Follow the Instructions provided on the form and the attached information sheet.• .. Protect Description/Location —Form P-1(81 Hazardous Waste Statement —Form P-1(C) Environmental Impact Assessment —Form P-1(D):All applications for development require submittal of an Environmental Impact Assessment Form.Larger projects or projects in environmentally sensitive areas may require more detailed Environmental Impact Reports.Follow the Instruction provided with the application form. Time Limits on Discretionary Permits —Form P-1(E) Tentative Parcel Map Waiver of Processing Time Limits —Form P-1(F) Tentative Parcel Map Tenant Notification Statement —Form P-1(01 Circulation Impact Analysis:All applications which propose an increase in the traffic generation rate of 500 vehicles or more, over existing traffic generation for the site, must submit a Circulation Impact •Analysis.This analysis will be used to determine compliance of your project with Growth Management Facility Standards.The analysis is not to be considered in lieu of project related traffic studies which may be required by staff to analyze specific project related on and off site traffic issues. Fire Department!Water District Consultation:Prior to submittal of an application for development in the City, you are encouraged to consutt with the Fire Department and the appropriate water. district In order to design your project In compliance with their requirements.Failure to consult with either agency could result in unnecessary delays,redesign or project denial.The purpose of the notice is to get projects to °design In' water and fire requirements in advance. Digital Submittals:Applicants shall submit digital files with the application at initial submittal and at approval of tentative tract map,In accordance with Engineering Standards. •• • • •• • • •• •• P-1 Page 5 de Revised 03/16 • SCREENING OF EQUIPMENT Exterior components of plumbing, processing, heating, cooling, and ventilation systems (including but not limited to piping, tanks, stacks, collectors, heating, cooling, and ventilating equipment fans, blowers, ductwork, vents, louver, meters, compressors, motors, incinerators, ovens, etc...) shall not be directly visible from a height of five feet from the closest building wall on any lot.Scaled elevations of all such equipment, as well as screening materials, are required on all site plans.See example below. EXAMPLE OF SCREENING MATERIAL DISPLAY _- :.•-....•.,.„-,..... ....,.. •.'--:,,,.;.."• ,`..--, \i.. ..,...,,....... P.-. .IS'LA D x*.-1.-•--•...*-.50:Ai-Aft13SC .....,•-,,-.,4 4E.=T-K -,-.-.••0....''._ ..''--,.,--;.•'sgro4cK -.:-'.....•-- .„.....:1 - ..4 .. .. -.... -.•••._.•....-.•-• --•.-..-..••....,..•,..•-.. ':---.••..:-..,.„---:,.22y --• --. . .„,..f '----'- ... -`-- ....I.,-,..•-7;--•A.•.:-.,c..• ,f .•..j . .'.4.-1# ..iV.awaSca!".a.f.a.Y..4-u.AUT..*tra. .N.Or..-.0.1.a...IA/Jra.a.Af...1.4 • .... ..., ......„...4*....:. {:a .,r- ....„... . •'- .. -..r%::.,._.." :..:'',, ,...p.---.- r .._4113. ,.'-plitalla itimilain1111111.1111 .._..' :•'10 ......i 'ai.4 •..:..:-..-.,,:' '`--,.,..',--7111111:201.Of!,-....,-».-_:-'-01.-,,•.:titio -_,.._ '' ,,,:--•:;'--.,'•..;••,.,-.:-..I s'..°.- .'• ''AO:....!'z -.;''.41/4...L..irf;-"--..;•••-- •.....".r="---,1 •",",,.-.'-.,:•••s rt•-••--••.-•i '-.--•••.'.. '•'"•:--:•••••••;-,,.-..0-. •..•-.-...Ur%•....-..-".,-t ._" r..f -;'..•.--,'...:..',-.",-'•-.---.'•---'t".'-.'-"'-',. -"..-':--'''''''--'--':''''''-.-'-'''---..•f" -'.--'--...:'.--,'.- - ,-...f..... :..- .:"„',•;-.:: - .„. - .:`.-.''' .•--'‘'--;.,-.-*'.f.'-`-'4. ..- .. P-1 Page 6 of 6 Revised 03/16 Development ServiceskjCity of DISCLOSURE STATEMENT Planning Division Carlsbad P-1(A)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:•• •....;.741 Petsonis defined as';Any; individual, firm...cc-partnership, joint venture;aSSoCiatiOn,-social ClUb;i- fraternati ,organilation, corpOratiori,estate, trust,receiver,syndicate,in this :and any other -dtkinty..City and: db0r41 city: municipality', district: or other politica1s0bdivision.orar4 other grouP or:combination aCting -as a Unit? • Agents may sign this document; howeVer, the legal name and: entity offile applicant and -property owner: hust 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.) Nathan DeanPerson Corp/Part Title Architect Title Address 6363 Greenwich Dr. Suite 175, San Diego, CA 92122 Address 2.OWNER (Not the owner's agent) Provide the COMPLETE,LEGAL names and addresses of ALL persons having any ownership interest in the property involved.Also,provide the nature of the legal ownership (i.e.,partnership,tenants in common,non-profit,corporation,etc.).If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned corporation,include the names,titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) Person Adam Robinson Corp/Part Title Owner Title 1010 S.Coast Highway101, Suite 103 Encinitas, CA 92024AddressAddress P-1(A)Page 1 of 2 Revised 07/10 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of 4NY 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 Trtle 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? •n Yes Rclo If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. I certify that all the a • •=•ation is true and correct to the best of my knowledge. I I IS I.rxi‘lSignatzyr./=date Sig Adam Robinson Nathan Dean Print or type name of owner Print or type name of applicant •• M)15/ic S re of owner/applicants agent if applicable/date RObert Park Print or type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07/10 •• CatY of PROJECT DESCRIPTION Development Service Planning Division Carlsbad P-1(B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:Carlsbad LOt 24 • - APPLICANT NAME:Nathan Dean Please describe fully the proposed project by application type.Include any details necessary to •adequately explain the Scope and/or operation of the proposed project.You may also include • any background information and supporting statements regarding the reasons for,:or appropriateness of, the application:Use an addendum sheet if necessary. Description/Explanation: The project is located in the Carlsbad Oaks North SP211 planned industrial area Lot 24.The site is approximately.-±476,122.6 SF (±10:9 AC).The building is a proposed ±144,500 SF shell building including a ±25,900 SF mezzanine. New parking, paving, striping, site lighting, landscaping, and site amenity areas will be proposed:The project will also Propose (2) separate loading facilities along the east side (rear) portion of the building and screened from Whiptail. Loop W. with (2) designated trash collection areas. There are approkimately 370 parking stalls proposed on site.The main exterior wallS are 40' tall and previsions have been made to provide an additional 5' setback that is fully landscaped. The building structure is a combination of tilt-up construction and steel framed construction with curtain glass walls. „There is no interior tenant improvement proposed with this proposal. • • .• • Revised 07/10P-1(B)Page 1 of 1 .s,• HAZARDOUS WASTE Development Services •-rylpf AND SUBSTANCES Planning Division • Cat d STATEMENT 1635 Faraday Avenue (760) 602-4610P-1(C)www.carisbadca.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): ill The development project and any alternatives proposed in this application am not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. The development project and any alternatives proposed In this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. •APPLICANT .PROPERTY OWNER Name:Nathan Dean Name:Adam Robinson Address:Address:6383 Greenwich Dr. Suite 175, San Diego, CA 92122 1010 8. Coast Hipmey 101,x103 Encialss, CA=CM Phone Number 858-638-7277 Phone Number 760-473-8838• Address of Site:Southeast Corner of Whiptail Loop W. and Gazelle Ct.• Local Agency (City and County):Carlsbad ,CA (San Diego) Assessor's book, page, and parcel number:209-120-18 Specify list(s): Regulatory Identification Number Date of List • )cti4d....___a„11 15i..--6443' • 1.(16 - 1167Apnt Signature/Date Prope :ir •"'iv: e The Hazardous Waste and Substances Sites List (Cortese List)Is used by the State,local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. • P-1(C)Page 1 of2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) 11 -16-2016Date Filed:(To be completed by City) Application Number(s):c-Tp afo -letx( General Information 1.Name of project:Carlsbad Lot 24 2.Name of developer or project sponsor.Adam Robinson (RAF Pacifica Group) Address:1010 S. Coast Highway 101, Suite 103 • Encinitas, CA 92024City, State, Zip Code: Phone Number:760-473-8838 3.Name of person to be contacted concerning this project Nathan Dean Address:6363 Greenwich Drive Suite 175 San Diego, CA 92122City, State, Zip Code: Phone Number:858-638-7277 4.Address of Project Whiptail Loop W. Assessors Parcel Number:209-120-18 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: This project will need grading and building permits 6.Existing General Plan Land Use Designation:P-M 7.Existing zoning district Planned Industrial 8.Existing land use(s):Industrial 9.Proposed use of site (Project for which this form Is filed): Warehouse/Creative Office Project Description 10.Site size:±476,722.6 SF (10.9 AC.) 11.Proposed Building square footage:±144,500 SF 12:Number of floors of construction:1 + Mezzanine 13.Amount of off-street parking provided:±370 14.Associated projects:Carlsbad Oaks North Business Park P-1(D)Page 2 of 4 Revised 07/10 15.If residential, include the number of units and schedule of unit sizes: 16.If commercial, Indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: • 17.If Industrial, indicate type, estimated employment per shift, and loading facilities: (2) loading facilities with (4) dock doors in each loading facility.There will be (4) grade doors.This project is a shell only and there is no tenant or interior work. Future employee number TBD. 18.If institutional, Indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 19.If the project Involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: • P-1(D)Page3114 Revised 07/10 Are the following items applicable to the project or Its effects?Discuss all items checked yes (attach additional sheets as necessary). Yes No 20.Change In existing features of any bays, tidelands, beaches, or hills, or substantial ID El alteration of ground contours. 21.Change in scenic views or vistas from existing residential areas or public lands or El roads. 22.Change in pattern, scale or character of general area of project. 1 =1 23.Significant amounts of solid waste or litter.1=1 El 24.Change in dust, ash, smoke, fumes or odors In vicinity. 1=1 25.Change In ocean,bay,lake,stream or ground water quality or quantity,or 0 Ei alteration of existing drainage patterns. 26.Substantial change in existing noise or vibration levels in the vicinity.0 El 27.Site on filled land or on slope of 10 percent or more. 1=1 28.Use of disposal of potentially hazardous materials,such as toxic substances,El El flammables or explosives. 29.Substantial change in demand for municipal services (police, fire, water, sewage, El etc.). 30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).1=1 1=1 31.Relationship to a larger project or series of projects.1=1 1=1 Environmental Setting . Attach sheets that include a response to the following questions: 32.Describe the project site as it exists before the project, Including information on topography, soil stability. plants and animals, and any cultural, historical or scenic aspects.Describe any existing structures on the site, and the use of the structures.Attach photographs of the site.Snapshots or Polaroid photos will be accepted. 33.Describe the surrounding properties,including information on plants and animals and any cultural, historical or scenic aspects.Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height,frontage,set-back,rear yard,etc.).Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and Information required for this initial evaluation to the best of my ability, and that the facts, statements, and Information presented are true and correct to the best of my knowledge a d belief. Date:tj Signature:C.), For. P-1(D)Page 4 of 4 Revised 07/10 32.This project is further development of a lot that was created as part of the Carlsbad Oaks North Business Park mass grading and improvement plans (415-9, 415-9A, etc.) and that all proposed improvements meet the requirements of the Carlsbad Oaks North Specific Plan as approved by the City of Carlsbad. 33. The surrounding properties are all part of the PM Zone within the Carlsbad Oaks North SP211 area. There are existing slopes along the perimeter of the property that is covered with a variety of ground cover landscape and trees. '4 ".--,'1...-.....f,••'.--...• ., ...... ..,,,".07 e.-. ,. -:-.-a -,e -..--..';;;-...„ -,-k ...••11A;i is 'zu ik -etw41,la .• ,•-;,.:-4 ....-..-4•-•r='-.-.,.-`,''..:44;"'''''' '*0 •t itilk P4••*‘ lik ...-lieVrilik.**...*.'''4."4.••--,.• ...*.,--5".1` '-4.k,-,...I '-'it .-k.-'9 ..-•••..,ki,..1.,,ti ;AC •'-", -4'. -••"*1 **,_-****'0 ,4 I>'4„+.,.I Mrs ..?:..,...At.•...,....s• • ....',.-.., ... ..trIrTimir • --......._(---.-----i .. ‘.-'• -. ••larrell."IIIIII0.--,7 ,...-41Mmilik,. allaillak - r ___ . •.__........„..........-. —_-•:.:,-- ...1..•.1:, _...___„"........-...,-. _ 4fjiit - -2---.-PF11 ---- --.:-)it:is, II i.14/.ft.. .0. . .,:,,,it \ •.,....,„. -'''''--''"'-.,,.,,,,,'4 _'''.,-4„,..••4'-'''''''.'":.,r. ' •---.i'..-+:'•, -;-—,_:,--„,',+`.".,,,i 5:3%.•-...':*,.i . ' 'Ow':..•'''1-'.,:'-'-e-,..,,,,''..''''';'-'-1"7'4'.:\ •'4,''''N ii.'`'*4 .• • .7. ' I HIiiir...- !•-4..-....I 1....•- i , ,• ..,. '- ' •,,'., .- •„- .7... •-...,'*.,-`••'-••••.*-- *p '..*''•'*?.. .• TIME LIMITS ON Development Services(City of DISCRETIONARY Planning Division Carlsbad PROJECTS 1635 Faraday Avenue (760) 602-4610P-1(E).www.carlsbadca.gov PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the Ctty.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 (760)60r10. Applicant Signature:C >I Staff Signature: Date:/'--1//5--/ To be stapled with receipt to the application P-1(E)Page 1 of 1 Revised 07/10 DEVELOPMENT Development Services(City of PERMITS Planning Division Carlsbad P-2 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov •Major Coastal Development Permits (including Amendments and Extensions, but excluding Minor CDPs and Single Family Residences) •Conditional Use Permits (including Minor, Amendments and Extensions) •Planned Development Permits (Residential and Non-Residential; including Minor, Amendments and Extensions) •Planning Commission Determinations •Precise Development Plans •South Carlsbad Coastal Review Area and Village Review Area Permits (Major,Minor and Amendments) (A Coastal Development Permit Supplemental Application may also be needed) •Site Development Plans (including Minor, Amendments and Extensions) •Special Use Permits (including Amendments, Extensions and Floodplain SUPs) •Structure Relocation Permits •Tentative Parcel Maps (including Revisions and Extensions) •Tentative Tract Maps (including Revisions and Extensions) A proposed project requiring multiple applications must be submitted prior to 3:30 p.m.A proposed project requiring only one application must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Permit site plan, should be prepared at the same scale.(Use a scale no smaller than 1° =40'.) The following materials shall be submitted for each application or for combined applications on a single project. 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 (760) 602-4610. I.REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right hand corner of plan visible.) A.SITE PLAN c. Required copies on 24" x 36" sheet(s): Minor permits:Four (4) copies Major permits:Seven (7) copies Ten (10) copies of the site plan shall be submitted by the applicant upon request of the project planner when the project is scheduled for review by the Planning Commission or City Council. Each site plan shall contain the following information: 1.GENERAL INFORMATION E‘Name and address of owner whose property is proposed to be developed and the name, address, and phone number of the developer. Elk—Name,address,and phone number of registered civil engineer,licensed surveyor, landscape architect or land planner who prepared the maps/plans. Rt3iorth arrow and scale. ad.Vicinity map showing major cross streets. P-2 Page 1 of 9 Revised 02/16 Pii-„Date of preparation/revisions. Project Name and application types submitted. Hg.Tentative Map number in upper right hand corner (City to provide number at time of application).lei/AEcAllfacilities labeled as "existing" or "proposed." A summary table of the following:[d(T)Street address, assessor's parcel number, and legal description. 2(2)Site acreage. El(3)Existing Zone and General Plan Land Use Designation.ai4)Existing and Proposed land use. 10(5)Classification of lots as to intended residential, commercial,industrial or other uses.rf -(6)Number of units to be constructed when a condominium or community apartment project is involved.ai)Total number of lots proposed.[2(8)Proposed density in dwelling units per net acre. 2(9)Total building coverage. Building square footage. R(11)Percent of site to be landscaped. R(12)Number of parking spaces required/provided. 170 -3) Square Footage of required employee eating areas.Square footage provided (interior and exterior eating area, if applicable).[]14) Square Footage of open or'recreational space (if applicable), for each unit and total common open space for the project. 12(15) Area of the site which is undevelopable per Zoning Ordinance Section 21.53.230 (include the acreage in each category).If not applicable, state on the plans. 16 Cubic footage of storage space (if applicable).Show location.1.1 Cir •)Average Daily Traffic generated by the project, broken down b separate uses.-1 -64 6(18)Name of sewer, water and school district providing service to the project.TPP 0(19)Proposed water demands (GPM or GPD) and sewer generation (EDU) resulting from project. 0(20)Proposed drainage discharge (CFS) and master drainage basin. 2.SITE INFORMATION a.GENERAL III(1)Approximate location of existing and proposed buildings,walls,fences,and permanent structures onsite and within 100 feet of site. EI(2)Location of all major vegetation, showing size and type, both within the project and offsite for a distance of 100 feet.Existing onsite trees; those to be removed and those to be saved.0(3)Location of railroads. 0(4)Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data). 0(5)Lotlin-es=atidrapproxim-ate-dimensions-and-number-of-eachlot. 0(6)Lot area for each proposed lot. El(7)Settia-ck7--difnensidiftir---thTscirequire-d:front,7_real -side--WitPidtba-cks7-forcall=-----. strbtures. cDistantve-_Mtweembiuilkkgt s-and/or-structures:--) 111(9)Indicate top and bottom elevations for all fences, walls, and retaining walls.Show these elevations at each end of the wall and in the middle.Also show the worst condition elevation. O(10)Indicate on site plan improvements and amenities for any required interior and/or exterior employee eating areas, i.e. benches, tables, trash cans, etc.c(1l)Show site details (specific recreation facilities) for all recreation lots or areas (when applicable). P-2 Page 2 of 9 Revised 02/16 0(12)(Location=an-d_1-dirife-aions—ei-Tall—accessways—and—pathwaysT-as-zrequired—foF) ianmwith --Fttle47 -Stags:Accessi ityiEteigitreifiritS-.3 b.GRADING AND DRAINAGE 111(1)Limits of grading including limits of remedial grading, if required. O(2)Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 10%;and 5'intervals for slopes over 10% (both existing and proposed).Existing and proposed topographic contours within a 100-foot perimeter of the boundaries of the site.Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). 111(3)Earthwork volumes:cut, fill, remedial, import and export. 111(4)Spot elevations at the corners of each pad.0(5)Method of draining each lot.Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 0(6)Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed project site; show location and approximate size of any proposed detention/retention basins. 0(7)Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. 111(8)Show all Best Management Practices (BMPs) to be used to reduce storm water discharge during the "use" or existing development phase. 0(9)Indicate proposed elevation in relation to sea level of the lowest floor (including basement) of all structures.[For Floodplain Special Use Permit (SUP)]. 0(10)In FEMA Zone AO or VO show elevation of highest adjacent grade and proposed elevation of lowest floor of all structures.[For Floodplain Special Use Permit (SUP)]. O(11) Show proposed elevation in relation to mean sea level to which any structure will be floodproofed.[For Floodplain Special Use Permit (SUP)]. c.STREETS AND UTILITIES El(1)The location, width and proposed name of all streets within and adjacent to the proposed project.Show street grades and centerline radii.Provide separate profile for all streets with grades in excess of 7%.Streets should be in conformance with City Standards and Land Development Engineering Policies.0(2)Name, location and width of existing adjacent streets and alleys.Include medians and adjacent driveway locations. 0(3)Typical street cross sections for all streets within and adjacent to the project. 111(4)Width, location and use of all existing and/or proposed public or private easements. 0(5)Public and private streets and utilities clearly identified. O(6)Show distance between all intersections and driveways. O(7)Clearly show parking stall and aisle dimensions and truck turning radii for all parking areas. D(8)Show access points to adjacent undeveloped lands. 0(9)Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. 0(10)Show all existing and proposed fire hydrants associated with the project, and all existing, off-site fire hydrants within 300 feet of the project boundary. Fire hydrants on commercial, industrial and multi-family residential sites should be installed at 300 foot intervals.Fire hydrants serving single-family residential projects should be installed at no more than 500-foot intervals.When possible,fire hydrants should be installed at street Intersections on developed side of street if single loaded.Avoid cul-de-sac Installations.For installation requirements on public roadways, contact the Carlsbad Fire Department at (760) 602-4666. 111(11)Proposed improvements for public and private streets,driveways,and parking areas. P-2 Page 3 of 9 Revised 02/16 d.WATER FACILITIES (1)Show average and peak potable water demand in gallons per minute (gpm).(2)Provide fire flow demand in gallons per minute (gpm);calculate using table attached to Land Use Review Application.(3)Provide a map or diagram showing existing and proposed on-site and off-site water pipelines,services,pressure reducing stations,fire hydrants,reservoirs and pumping stations.(These facilities must be shown within the public right-of-way or within, easements to be granted to the District or the City.).(4)Show a looped potable water distribution pipeline (when more than 19 residences are proposed).(5)Show a public fire flow system (constructed as a looped pipeline system for all industrial or commercial development).(6)Show a private fire sprinkler system, if required or proposed; state on exhibit.(7)Provide a water phasing plan, if proposed. NOTE: San Diego County Water Authority capacity charge will be collected at issuance of application for any meter installation. e.RECYCLED WATER FACILITIES (1)Colored recycled water use area map (all areas proposed to be irrigated with recycled water must be clearly indicated on the map in color).(2)Peak irrigation or industrial water demand in gallons per minute (gpm).(3)Existing and proposed recycled water pipelines,services,pressure reducing stations, booster pump stations, reservoirs and pumping stations.(These facilities must be shown within the public right-of-way or within easements to be granted to the District or the City.) f.SEWER FACILITIES (1)Average sewer generation in million gallons per day (mgd).(2)Existing and proposed sewer pipelines, laterals, and sewage lift stations.These facilities must be shown within the public right-of-way or within easements to be granted to the District or the City.(3)Indicate sewer facility phasing, if proposed. NOTE: No sewer lift stations or sewer siphons may be proposed unless otherwise agreed to in writing by the appropriate District Engineer. B.CONCEPTUAL LANDSCAPE PLAN Required copies on 24" x 36" sheet(s): Minor permits:Four (4) copies Major permits:Seven (7) copies Ten (10) copies of the site plan shall be submitted by the applicant upon request of the project planner when the project is scheduled for review by the Planning Commission or City Council. The conceptual landscape plan shall be prepared in accordance with the General Requirements listed in Section 3 of the City of Carlsbad Landscape Manual (February 2012) and shall include the following: 1.SUBMITTAL REQUIREMENTS a.Conceptual Landscape Planb.Conceptual Water Conservation Planc.Conceptual Fire Protection Plan (if applicable). d.Conceptual Landscape Maintenance Responsibility Exhibit (private or common). P-2 Page 4 of 9 Revised 02/16 C.BUILDING ELEVATIONS AND FLOOR PLANS Required copies on 24" x 36" sheet(s): Minor permits:Four (4) copies Major permits:Seven (7) copies Ten (10) copies of the site plan shall be submitted by the applicant upon request of the project planner when the project is scheduled for review by the Planning Commission or City Council. Each building elevation and floor plan shall include the following information: 1.GENERAL INFORMATION Ea.Floor plans with square footage included. Eb.All elevations of existing and proposed buildings, including signs and exterior lights. Dc.Location and size of required storage areas. Dd.Include a scale on all floor plans and building elevations. De.Indicate the height on all building elevations. Ef.Indicate on all building elevations, compliance with Carlsbad Building Height definition (Zoning Ordinance Section 21.04.065). Eg.Indicate ceiling height or the height of the underside of the roof in any building areas intended for storage uses. Eh.Indicate the California Building Code occupancy classifications of all building areas. Ei.Indicate type of construction per California Building Code. Ej.Disclose any building uses that will result in the presence of Acutely Hazardous Materials,Compressed Flammable Gases in excess of 1,500 pounds,Flammable Liquids in excess of 10,000 gallons, Hazardous Materials in excess of 500 pounds or 55 gallons, or compressed gas in excess of 200 cubic feet. Ek.Provide documentation demonstrating compliance with City Council Policy 44 — Neighborhood Architectural Design Guidelines (if applicable). El.ROOF PLAN:One (1) copy (plan view).Show roof design to include ridges, hips, slope direction,etc.Show location of roof appurtenances,mechanical equipment and screening.Show all roof top equipment,appurtenances,stairways or other access provisions, including those required by the applicable building, plumbing, electrical and mechanical codes.All roof mounted equipment shall be installed in accordance with Building Department Policy 80-6. 1.1 //6.D.CONSTRAINTS MAP -One (1) 24" x 36" sheet folded to 9"x 12" shall include the following information:(NOTE:This information Is not required for previously graded sites and the conversion of existing structures.)If the constraint does not apply to the property, list it on the map as not applicable.Constraints map should be the same scale as other exhibits, i.e. Site Plan, etc. 1.GENERAL INFORMATION Da.Major ridge lines. Eb.Riparian or woodlands. Dc.Intermittent drainage course. Ed.25 -40% slopes. De.Greater than 40% slopes. Of.Major rock outcroppings.[lg.Easements. Oh.Floodways. Di.Archaeological sites. (Do not identify location.List in map legend if present.) Ej.Special Planning Areas -Type of special planning area. Dk.Biological Habitats.Indicate the location of all vegetation communities existing on the project site.(Use Modified Holland System as described in the Multiple Habitat Conservation Plan.) Beaches. Ern.Permanent bodies of water. P-2 Page 5 of 9 Revised 02/1E1 On.Wetlands. Oo.Land subject to major power transmission easements. Op.Railroad track beds. E.COLORED SITE PLAN AND ELEVATION PLAN —Not required with first submittal.It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Division by 12:00 noon,eight (8)days prior to the Planning Commission meeting.Do not mount exhibits.For residential projects of 2 or more homes a typical street scene of the elevations shall be provided.The corresponding rear elevations for the homes shown for the typical street scene shall also be provided. II.REQUIRED DOCUMENTS AND SUBMITTAL ITEMS/--P pi(Completed Land Use Review Application Form. "• C.nvironmental Impact Assessment Form (Fee not required with initial submittal.Fee to bet/crgreTroje an environmental impact assessment form.)Required for tentative parcel maps only where a significant grading is proposed.C ck with Planning staff to (ermine if required for your application. Disclosure Statement.(Not required for tentative parcel maps.). Two (2) copies of the Preliminary Title Reg (current within the last six (6) months).t/ f •a •• i . S em wa'n •m •rn its.qu•o 'ct I p)re •s co rrei race g pia •a •o n tai ew. Mb OH.All projects must evaluate their potential impacts on the regional transportation system, including the costs of mitigating the associated impacts,as required by the SANDAG Congestion Management Program (CMP). For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day or 200 or more peak-hour vehicle trips. Submit two (2)copies of a Circulation Impact Analysis for the project.The analysis must be prepared by a Registered Traffic Engineer or Registered Civil Engineer.The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan or as otherwise determined in discussions with staff.The following minimum information should be Included with the study: 1.8W x 11" or 8W x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. 2.Project traffic generation rates and traffic assignment. 3.Necessary calculations and/or analysis to determine intersection and road segment levels of service. 4.Any proposed mitigation requirements to maintain the Growth Management public facility performance standards. 5.On Collector streets and above, an analysis of the need for a traffic signal will be required. "Large" projects:Any project which, upon its completion will be expected to generate either an equivalent of 2,400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips, including large projects that may have already been reviewed under CEQA but require additional local discretionary actions,is defined as a "large project"under the SANDAG Congestion Management Program (CMP) and will be subject to enhanced CEQA review as specified in the CMP. Depending upon the complexity of the project, the City of Carlsbad reserves the right to require a traffic study on any project. P-2 Page 6 of 9 Revised 02/16 ., --,Two copies of preliminary soils/geologic report for all projects with cut or fill depths exceeding 5 feet. IIIJ.r . ..0 ,a s'd b er 'Se 66427.1 of e ap ct wi e lied .AEIK.F all do urn rsio ,letter m San 'o Ga d 'c stet'hat ns to gift d el c sy o s es s h e be mi a a tabl .N IIIL.do ''nve 's,(1 py i 's pe ed b t e in rtrn .(arate ee r red..OA---->M.For projects larger than 1 -acre, a Preliminary Hydrology Study including map and calculations to COAL-demonstrate capacity/sizing of proposed and existing storm drain infrastructure.Show before nd after discharges to each included drainage basin.Depending upon the complexity of the -2)Aproject,a Preliminary Hydrology Study may be required on any project.--CIVIL-"To s...t1) Two copies of a completed and signed "Storm Water Standards Questionnaire" (form E-34).This k• C411—form can be found on the city's website:(Distribute copy to Land Development Engineering). ---,.If,when completing the Storm Water Standards Questionnaire, the project is subject to "Standard oviL.Project,"requirements,submit a completed and signed "Standard Project Requirement FK Checklist" (form E-36) in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version.--->P.If.when completing the Storm Water Standards Questionnaire,the project is defined as a/CAVIL_"Priority Development Project," submit a preliminary Storm Water Quality Management Plan k (SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad ...„..,/Engineering Standards, latest version.Refer to thecys SWQMP template (form E-35). ompleted "Project Description/Explanation" sheet. ''---?Signed "Noti .. . --cti.,.Noise study consistent with City of Carlsbad Noise Guidelines Manual.4---•? imeir: II r Biological resource, cultural resource, and/or other environmental studies that are necessary to make an environmental determination (i.e.EIR,Negative Declaration or Exemption)and to determine compliance with the HMP.il---? ALT-eADY IMs ji&IF-Fof-SfecIFtC T Liata-t —0 RtU.---Signed "1.- -1siondaus...18Lasteand Substance Statement" form.V CACELAICA6 &kW* hickfkrli SP7-I I ---AN.Provide color board(s) (no larger than 9" x 12'), showing building materials and color samples of lass, reveals, aggregate, wood, etc.--w Etiglhotographs of the property from the north, south, east and west. 7.IIIX/Digital copy of Tentative Map along with r9quired number of hard copy maps.? NA. .Fees:See Fee Schedule for amount.—I4Sso •(3"1 OZ.5112frrialW6R4242a1CriUgle.1j/A III.SPECIFIC PROJECT REQUIREMENTS OA.enslty Bonus Projects: r_ettres_ar1.A letter by the present owner stating what specific incenv e being requested from the City.For any ment standards modificationer additional incentive requested, the applicant shall submit a 'ro-forma to_dertionstrate that the standards modification or----- other requested incentive is necessa ake the project economically feasible. 2.A detailed vicinity map showing-the-prole tion and such details as the location of the nearest commercial rep:il;-- 1 -nsit stop,potential e loyment locations,park or recreation facilities or other e ea al or community service facilities. 3.For condo •m conversion requests, a report documenting the ekwing information for each unit • ••••sed to be converted:the monthly income of tenants of eachu 'roughout the prior -ar, the monthly rent for each unit throughout the prior year and vacancy in lion for each unit throughout the prior year. 4.Identify the number and location of lower income dwelling units. P-2 Page 7 of 9 Revised 02/16 OB. For :nlor Citizen Housing Projects: 1.A letter s .•ed by the present owner stating what specific incentives are requested from the City.For .development standards modification or othe oval incentive requested, the applicant shall s •4a it a project pro-forma to demo e that the standards modification or other requested incentive ecessary to mak project economically feasible. 2.A detailed vicinity map showing e location and such details as the nearest market, transit stop, park or recreation ,•ical facilities or other related uses or services likely to be patronized by senior ns. 3.Five (5)copies o or plans for each different • -of unit indicating a typically furnished apartment •dimensions of doorways, hallways, close.-d cabinets. 4.Five copies of floor plans showing any common areas and =g&'Ommodations. 5.Identify the number and location of lower income inclusionary dwelling .nits. 6.A plan for monitoring age restrictions for all units and income restri -ons for designated inclusionary units. DC.-II Residential Projects: Residen Projects with two or more dwelling units that: (1) are bordered s •-inimum of two sides (prope es)by existing single family residential dev -*a -ent and (2)require a discretionary permit xciudig a Minor Coastal Developme ":it,Coastal Development Permit for a single family residence and/or second dwelling .',Gra permit for a condominium conversion) shall be required to: 1.Post project notices on the •ect site purs•-4 to Planning Division Administrative Policy No. 37. This requiremen of applicable to resident -*-velopment applications that are already subject to the rs Early Public Notice requirements (se -A •cation Form P-21). 2.Submit •-•ect photo-simulation exhibits to the Planning Divisi.son determination that the p •'-«application is complete. The photo simulation exhibits should 1:caled representations of the project, as viewed from adjacent streets and adjacent developed sing amily residential properties. DD.i ess Communication Facilities: Wireless mmunication Facilities (WCF) are allowed in all zones (e *ding the L-C zone) with the approve a conditional use permit (CUP) or minor conditio -se permit (MCUP).See the applicable Zone d Zoning Ordinance Section 21.42.140B..for details. All proposed WCFs s I follow the City's guidelin:see City Council Policy No.64, Wireless Communication Facilities 'a the design of CUP :d MCUPs for new wireless facilities as well as extensions and amendments •CUPs and UPs for existing installations.This policy applies to all commercial providers of wirel s.•unication services.It does not apply to amateur (HAM) radio antennas and dish and other .nas installed on a residence for an individual's private use. Notes on submitting appli ;ins for new orbx'sting WCFs: 1.Submittals for -'and amended WCFs sliekfollow the application requirements outlined elsewhere i •is handout plus the specific WCF'§ubmittal provisions of City Council Policy 64, including e Application and Review Guidelines. 2.For :ensions of existing CUPs and MCUPs,or for e ting CUPs proposing to convert to UPs, only one set of project plans, rather than multiple ••• •ies, needs to be submitted. The one set of plans may be copies of those already approved. App •nts are encouraged to talk with staff before submitting an application to convert a CUP t..MCUP. 3.Per Performance Guideline 5 of City Council Policy 64,a report demo -ling compliance with FCC RF Exposure Guidelines must be submitted with each time exte'.-'on or amendment request and, for new WCFs, within six (6) months after the issuance of occu •ncy. P-2 Page 8 of 9 Revised 02/16 ,•' AltViCr-apf:ticatisins are evaluated or re-evaluat consistency with City Council Policy 64,including the appropn sting facility's technology,and the applicant must document that the WCF ins the technology hat--ismallest,most efficient,and least visible and that re not more appropriate and available lodatie r the facility, such as the opportu collocate or relocate to an existing building. 111:-.Ffo Special Use Permits: 1.Two (2) sets of the i-ology-an c calculations.Include HEC-1 and HEC-2 computer printouts with appropdat nnotations o d 2.Two (2 o all required certifications listed in Section ..4 of the Miknicipal Code and sealed by a registered Civil Engineer or other appropriate!i rbfessional. OF. Comm ng Overlay Zone: 1.Prior to filing an application for a on rrnit for a CommerciaUVisitor-Serving use within the Overlay zone, the a pli nt shall make a Prelim!iew (Pre-filing) submittal. 2.Projects within the ercial/Visitor-Serving Overlay Zone shall s proposed sign program as of this application.The program shall be provided as separate 'bits and show c ude the following information:proposed sign location, dimensions, area, materials, r„.ai n copy and colors. NOTE: When the application is tentatively scheduled to be heard by the decision making body, the project planner will contact the applicant and advise him to submit the public hearing notice package including the radius map, two sets of the property owners list including the applicable Homeowners Association (HOA) and labels.The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office.The project will not go forward until this information is received. P-2 Page 9 of 9 Revised 02/16 A I41z5112 CLIMATE ACTION PLAN Development Services(City of CONSISTENCY CHECKLIST Planning Division Carlsbad P-30 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov INTRODUCTION In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG)emissions reductions.The purpose of the CAP Consistency Checklist (Checklist) is to, in conjunction with the CAP, provide a streamlined review process for proposed new development projects that are subject to discretionary review and trigger environmental review pursuant to the California Environmental Quality Act (CEQA). Analysis of GHG emissions and potential climate change Impacts from new development is required under CEQA. The CAP is a plan for the reduction of GHG emissions in accordance with CEQA Guidelines Section 15183.5.Pursuant to CEQA Guidelines Sections 15064(h)(3),15130(d),and 15183(b),a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP. This Checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the CAP are achieved. Implementation of these measures would ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the Identified GHG reduction targets.Projects that are consistent with the CAP as determined through the use of this Checklist may rely on the CAP for the cumulative impacts analysis of GHG emissions.Projects that are not consistent with the CAP must prepare a comprehensive project-specific analysis of GHG emissions,including quantification of existing and projected GHG emissions and incorporation of the measures in this Checklist to the extent feasible.Cumulative GHG impacts would be significant for any project that is not consistent with the CAP. The Checklist may be updated from time to time to incorporate new GHG reduction techniques or to comply with later amendments to the CAP or local, state, or federal law. z P-30 Page 1 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist APPLICATION SUBMITTAL REQUIREMENTS A The Checklist is required only for projects subject to CEQA review.The diagram below shows the context for the CAP Consistency Checklist within the planning review process framework. A If required, the Checklist must be included in the project submittal package. Application submittal procedures can be found on the City of Carlsbad website here. A The requirements in the Checklist will be included in the project's conditions of approval. A The applicant must provide an explanation of how the proposed project will implement the requirements described herein to the satisfaction of the Planning Division. A If a question in the Checklist Is deemed not applicable to a project, an explanation must be provided to the satisfaction of the Planning Division. ----'. CEQA Determination w CEQA Non-Exempt CEQA Exempt V `4 RemainkigCAP Consistency deve}opment reviewChecklistproms w w w Consistent Not Consistent Complete .., Remaining Project has a CEQA development review <—Significant Impact process EIR Required . 11 --- Complete P-30 Page 2 of 13 Revised 02117 City of Carlsbad Climate Action Plan Consistency Checklist ••—• •p I cation Inform 017T Contict InicirtnatIon ' .•'• 1 Project No./Name:Carlsbad Oaks North Lot 24-CREATE Property Add ress/AP N:SEC of Gazelle Ct.& Whiptail Loop W. (209-120-1800) Applicant Name/Co.:Adam Robinson (RAF Pacifica Group) Contact Phone:760-473-8838 Contact Email:adam@rafpacificagroup.com Was a consultant retained to complete this checklist?0 Yes 0 No If Yes,complete the following Consultant Name:Robert Park Contact Phone:858-638-7277 Company Name:Ware Malcomb Architects Contact Email:rpark@waremalcomb.com Project Inf9rmatlon .. •,,.• 1.What Is the size of the project (acres)?10.9 AC 2.Identify all applicable proposed land uses: 0 Residential (indicate # of one-and two-family units): 0 Residential (Indicate # of multi-family units): 0 Commercial (indicate total square footage): 0 Hotel (Indicate # of rooms): ElindustrIal (indicate total square footage):144,742 SF 0 Other (describe): 3.Provide a brief description of the project proposed: Cold Shell for future creative industriaVwarehouse/office use. Single story with mezzanine. P-30 Page 3 of 13 Revised 02117 City of Carlsbad Climate Action Plan Consistency Checklist CAP CONSISTENCY CHECKLIST QUESTIONS STEP 1:LAND USE CONSISTENCY The first step in this section evaluates a project's GHG emissions consistent with guidance provided by the California Air Pollution Control Officers Association (CAPCOA).New non-exempt (i.e., subject to CEQA review) discretionary development projects that emit fewer than 900 metric tons of carbon dioxide equivalent (MTCO2e) would not contribute considerably to cumulative climate change impacts as stated in the CAP, and therefore, do not need to demonstrate consistency with the CAP. For projects that are subject to the CAP consistency evaluation,the first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP.This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. , -s.'Atept4Ohd Usit CO!IS44.n0 -_-• •Checklist them • •• (Check the appropriate box and provide explanaticri and supporting doctrnentalico for your answer) Yes No 1.The size and type of projects listed below would emit fewer than 900 MTCO2e per year. Based on this threshold, does the proposed project equal or exceed these earacteristics? •Single-Family Housing:50 chvelliig units •Muiti-Fatuity Housing:70 dwalting units •Office:35,000 square feet •Retail Store:11,000 square feet El •Grocery Store:6,300 square feet •Other.For project types not listed in this section, including changes in use of, or enlargement of an existing building that resits in a net increase in GHG emissions, the need for GHG analysis and mitigation wit be made on a project-spedflc basis, considering the 900 MTCO2e screening threshold. if 'Yes;proceed to Question 2. If lion,in accordance with the City's CAP screenng criteria, the project's GHG impact is less than significant and not subject to the measures of the CAP. 2.Is the proposed project consistent with the existing General Plan land use and zoning designations? OR, El El if the proposed project is not consistent with the existing land use plan and zoning designations, does the project indude a land use plan and/or zonkig designation amendment that would result In an equivalent or less GHG- intensive project when compared to the existing designations? If `Yes", proceed to Step 2 of the Checklist For the second option under question 2 above, provide estimated project emissions under both existing and proposed designation(s) for comparison.Emissions must be estimated in accordance with the City's Guidance to Demonstrating Consistency with the Climate Action Plan. if "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA The project must prepare a GHG analysis in accordance with the City of Carlsbad's Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how It would offset the increase in emissions over the existing designations. The project must Incorporate each of the measures identified in Step 2 to mitigate cumulative GHG emissions Impacts unless the decision maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091.Proceed and complete a project-specific GHG analysis and Step 2 of the Checklist P-30 Page 4 of 13 Revised 02/17 • City of Carlsbad Climate Action Plan Consistency Checklist STEP 2:CAP MEASURES CONSISTENCY The second step of the CAP consistency review is to review and evaluate a project's consistency with the applicable measures and actions of the CAP.Step 2 only applies to development projects that involve permits that may require a certificate of occupancy from the Building Official.'All other development projects that would not require a certificate of occupancy from the Building Official shall implement all emissions-related mitigation measures from the General Plan Update EIR. Step 2:CAP Measures Consistency Checidlst Item Yes No N/A(Check the appropriate box and provide explanation for you answer) Residential, Commercial and industrial Photovoltaic Systems 1.Residential Photovoltaic Systems Does the project include photovoltaic systems with a minimum average system size of 1.6 lalowatts2 for each residential unit?1=1 I=1 El Check WA"only if the project does not contain any residential buildings. 2.Commercial and Industrial Photovoltaic Systems For new nonresidential projects with more than 50 cars surface parked or on roofs of parking structures, would the project Include photovoltaic panels over at least half of the surfaceircof-parked cars to achieve a minimum system size equivalent to 2.5 iziowatts2 per covered parking space (up to 45 percent of project's expected annual electricity use)?0 1=1 OR 737 (300w) panels Would the project provide equivalent energy generation onsite through rooftop photovoltaic panels or other means? Check "WA"only if the project does not contain any non-residential buicings or provides 50 Of fewer parking spaces. Efficient Lighting Standards 3.LED Lighting and Other Energy Efficient Lamps Would at least 75 percent of the luminaires provided by the project be El comprised of LED or other similarly efficient fighting? Solar Water Heater/Heat Pump Installation 4.Solar Water Heating •Residential Units:Does the project include a solar water heating system capable of producing 2,300 icWhiyear or 112 thermstyear of total energy required for water heafing? •Commercial Projects:Does the project include a solar water heating 0 El system capable of producing at least 50 percent of total energy required for water heating? •Restaurants of 8,000 square feet or greater with a service water heater rated 75,000 Bluth or greater.Does the project Include installation of a 1 Actions that are not subject to Step 2 would Include, for example:1) discretionary map actions that do not propose specific development 2) permits allowing wireless communication facilities; 3) special events permits; 4) conditional use permits that do not result in the use intensification or expansion of an existing building and 5) non-building Infrastructure projects such as roads and pipelines.Because such actions would not result In new occupancy buildings from which GHG emissions reductions could be achieved, the items contained In Step 2 would not be applicable. 2 System size rated as Direct Current (DC)under Standard Test Conditions (STC). P-30 Page 5 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist Step: 2:CAP Measure* Consistency Chef:id:intern - Yes No -WA(Chedc the appropriate box and provide explanation foryouate' solar water-heating system with a minimum solar saving fraction of 0.15 consistent with non-residential voluntary standards of the California Green &Mho Standards Code?' Exceptions to this measure include: 1.Buildings with a natural gas service water heater with a minimum of 95 This option percent thermal efficiency.will be implemented 2.Buildings where greater than 75 percent of the total roof area has annual during the T.I. solar access that is less than 70 percent. Solar access is the ratio of solar phase hsolation including shade to the solar hsolation without shade. Shading from obstructions located on the roof or any other part of the buidhg shall not be Included In the determination of annual solar access. In Ileu of solar water heaters, the project may propose to Include heat pump water heaters to reduce the water heating load by 50 percent Check "N/A° if the project does not contain any residential or non-residential buildings. !Transportation Demand Management • Trar>spor project_s_Ath more than ayeek.would_the I :• indfude—a—trarisportaton--dernarict_management (TDM)plan reviewed :. -_Carlsbad El Elad Transpetation-D ransPo nagemen terriplate)? Check 'N/A"if the project Is a residential project or if it would not accommodate more than 50 employees. 11 Increased Zero-Emissions Vehicle (ZEV) Travel 6.Zero-Emission Vehicle Infrastructure •One-and two-famiv ctweifings and townhouses with attached private garages:Would the required parking serving each new dwelling be "EV Reedy"to allow for the future installation of electric vehicle supply equipment to provide an electric vehicle charging station for use by the resident? •Mufti-Family Projects of fewer than 17 dwelling units:Would a minimum of one parting space be 'EV Ready to allow for the future installation of electric vehicie supply equipment to provide electric vehicle charging stations at such time as it is needed for use by residents? •Mufti-Family Projects of 17 or more dwelling units:Would five percent of the total parking spaces requied, or a minimum of two spaces, whichever Is greater, be 'EV Capable"5 to allow for the future Installation of electric vehicle supply equipment to provide electric vehicle charging stations at such time as it is needed for use by residents?Of the total 'EV Capable" spaces provided,mid 50 percent of them,or a minimum of one, 313tu/h=British thermal unit per hour; solar saving fraction defined as the amount of energy provided by solar technology dMded by the total energy required. 4 'EV Ready means a parking space that is pre-wired with a dedicated 208/240 branch circuit installed In conduit that originates at the electrical service panel or sub-panel and 40 ampere minimum overcurrent protection device, and terminates Into a cabinet, box or enclosure,in a manner approved by the building official. 5 "EV Capable" means a parking space that has a cabinet, box or enclosure connected to a conduit linking the parking space to the electrical service panel In a manner approved by the building official. The electrical service panel shall provide sufficient capacity to simultaneously charge all electric vehicles with or without a load management system. P-30 Page 6 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist -CAp.4111eSUIS CoriOiitency Checklist Item •• Yes No WA ! ;(Check the appropriate I=and provide explanation for your answer) whichever is greater, have the necessary electric vehide supply equOrnent to provide active charging stations ready for use by residents and guests? 6% of parZrigstallsthe •Non-residential orolects:Would six percent of the total parking spaces wicalpabl berneEv—The regLired,or a minimum of one space,*Scheyer is greater,be °EV shell permit will Capable'to allow for the future installation of electric vehicle supply Install 2 active equipment to provide electric vehicle charging stations at such time as It Is futustatirdentsenandanttwhlneeded for use by future occupants? Of the total TV Capable' spaces instal the provided, would 50 percent of them, or a minimum of one, whichever Is remaining active greater, have the necessary electric vehide supply equipment to provide ed Pedestals as requir. active charging stations ready for use by customers and employees? Water Utilities system Improvements • 7.For one-and two-famty residential projects, does the project include: •Waste piping to permit the discharge of greywater to be used for outdoor Irrigation h compliance with Section 1502 of the California Plumbing I=1 Coder Check "N/AnIf the project does not include residential buildings. • 6 Pursuant to Health and Safety Code Section 17922.12, greywater means untreated wastewater that has not been contaminated by any toilet discharge,has not been affected by Infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Greywater includes, but Is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. P-30 Page 7 of 13 Revised 02/17 Attachment "A" to Climate Action Plan Consistency Checklist (City of Transportation Demand Management (TDM) Plan Carlsbad Commercial Buildings V 1.2 Effective Date of Architect/Developer TDM Plan:2017-03-08 PHASE I:ARCHITECT/DEVELOPER SECTION I:GENERAL INFORMATION Developer:RAF Pacifica Group Architect/Developer:Ware Malcomb Architets Primary Contact:Robert Park Mailing Address:6363 Greenwich Dr. Suite 175 San Diego, CA 92122 Phone:858-638-7277 Email:rpark@waremalcomb.com SECTION II:PROJECT INFORMATION Project Address:SEC of Gazelle Ct. & Whiptail Loop W. SECTION III:CAP ALIGNMENT Climate Action Plan Measure K:Promote Transportation Demand Management The ownership group will develop the TDM Plan with the future tenant This project Is being entitled for a cold shell with no known tenant at this time.Known measures under this shell permit will be disclosed on this checklist and any future measures will be Implemented between the owner and tenant as Indicated. SECTION W:FACILITIES Describe how you have incorporated the following Facility Standards into the design of your project plans.Include the number of amenities within each category as well as a site map. Please list at least one item from each of the six categories. 1)Bike Parking Requirements ure Bicyc e ar g El Bikes availab e or emp oyees El End-of-trip facilities such as showers and changing rooms with lockers erezpE938 mmod tor1-91)1GysleB. Updated 10/6/2016 8 Attachment "A" to Climate Action Plan Consistency Checklist Jr City of Transportation Demand Management (1)M) Plan Carlsbad Commercial Buildings V 1.2 2)Pedestrian Facilities Pedestrian Access to the Public SidewhiDirect Routes-frorb-Public Sidewalk -to-Eae Building in the Project --- 1=W-estriaig-accessjs-previded-t -the tfuttding-and-tcrthe-public_13ighL -wa . 3)"Transit Facilities Convenient Access to Transit Tobe-tietairiTified with f "[—01' Carlsbad's ubli - Cfrateit.and owy)2er.Tima pro -owner-does-ntirhave con rolove e c s pu I t tribrtatfortl ations sueh as bust stop facilities but a future' convenient; location could be providect_in the future. 4)Vehicle Facilities e erential Parking for Carpools and V oo ITE_Conyanient-Drop-off-for-Carpools-and-V-anpolosld3nsite ancS Van Pol • G stalls hava_been_provided-on_the_site_at_a_rate_oa% of the toilsLprot ded. 5)Facilities:On-Site Amenities Café or Full Service Café 111Kitchen capable ofproviding catering El Conference Center/Meeting Rooms E Conference Communication Equipment Ei Wellness Center/Gym El Athletic Facilities rvices/Em loyee Service Venue;c ---Cleanurnot7-7-qthan --a- -cistavenien) fa-be detanpineff with future tenant and owner. A drop ararea-has-beerrprovided- wI)enteure tenant 'swilling to provide anyatanacs)mrnended delivery services. Updated 10/6/2016 9 •Attachment "A"to Climate Action Plan Consistency Checklist (City of Transportation Demand Management (TDM) Plan Carlsbad Commercial Buildings V 1.2 6)Additional (Optional) Programs and Services: El Mobility Hub (transportation options. shuttle, bus service, etc.) EViarasixticture Parking Management Plan ---,01111frastrt trt ife_will-be-provided-on-the-site-for-22-stas SECTION V:AUTHORIZATION Name and Signature of Designated ement Contact:, George Aquino 7/2S /q- Printed Name Signature Dat Name and Signature of City of Carlsbad Representative: Printed Name Signature Date • Updated 10/6/2016 10 Attachment "A" to Climate Action Plan Consistency Checklist (City of Transportation Demand Management (TDM) Plan Carlsbad Commercial Buildings V 1.2 Effective Date of TDM Plan: PHASE II:COMPANY TDM PROGRAM SECTION I:GENERAL INFORMATION Company:RAF Pacifica Group Property Manager/George Aquino Human Resources Manager: Primary Contact:George Aquino Mailing Address:111 C St. Encinitas, CA 92024 Phone:858.314.3116 Email:george@rafpacificagroup.com SECTION II:PROJECT INFORMATION Project Address:Gazelle Ct. and Whiptail Loop W. Carlsbad, CA 92010 SECTION DI:CAP ALIGNMENT Climate Action Plan Measure K:Promote Transportation Demand Management SECTION IV:PROGRAMS The following Programs 1-7 must be implemented within one year ofproject completion. Please list at least one item from each of the six categories. Updated 10/6/2016 11 Attachment "A" to Climate Action Plan Consistency Checklist CCity of Transportation Demand Management (TDM) Plan Carlsbad Commercial Buildings V 1.2 1)Completion of Annual Survey: E Agree to conduct a TDM survey or an iCommute survey annually. 2)Designated On-site Transportation Coordinator: El Agree to designate an on-site transportation coordinator to be the point of contact with the City,regarding transportation demand management facilities and programs. This person shall serve as the on-site coordinator. To be determined with future tenant and owner. 3)Information Board or Kiosk: Ei Information Board or Kiosk in Prominent Location for Residents, with resources on all modes of transportation. TAir-tgiRiffriiriOWIFuiriTtenant ancrier-11rrs-optien-will-be-consi ct_Kaabad-will-require-this 4)On-Site Transit Pass Sales or Pre-Tax Transit Pass Program: El On-Site Transit Pass Sales OPre-Tax Transit Pass Program (if applicable) or similar program El Information about transit services to your location To be determined with future tenant and owner.If option 3 Is implemented, information pertaining to transit services will be provided. 5)Participation in Guaranteed Ride Home or similar program E Agree to participate in a Guaranteed Ride Home Program when a personal emergency situation arises for tenant who uses an alternative commute mode to get to work (or from work to home). To be determined with future tenant and owner. Exact details can not be determined but this will be considered as required. Updated 10/6/2016 12 , Attachment "A"to Climate Action Plan Consistency Checklist (City of Transportation Demand Management (TDM) Plan CarlSbad Commercial Buildings V 1.2 6)Rideshare Sex-vices [DRideshare matching services, subsidies or pre-tax donation Vanpool Services El Car Sharing Services0Assistancein Finding Commute Alternatives As indicated, both carpool and vanpool services have dedicated parking on -site. 7)Additional (Optional) Programs and Services: Telecommute Program Flexible work hours or compressed work week 0 Parking Management Plan El Other On-Site Amenities Designated food truck area, BBQ area, Bocce ball court. SECTION V:AUTHORIZATION Name and Signature of Designated Property Management or Haman Resources Manager Contact: George Aquino 6/(W)?—Printed Name "gnature Date Name and Signature of on-site transportation coordinator:(preferred) Printed Name Signature Date Name and Signature of City of Carlsbad Representative: Printed Name Signature Date Updated 10/6/2016 13 1/2-91/7 City of Carlsbad CAP Consistency Checklist Review ANAIIITOOM111991/9119111091 Rispomcm Regain babsiNotst/Ontionls fiNtbookNo. horn CAP 01119111.161nut CAPWallet katobrin *mast Matt. Pa 5 0 tne•GHGSlur. neon men PrOem nun'440004opwat.ohal...-“svoNt of 1 4.17 9319.in P41.0 v MT CO e.yell. theOHOstudy does notwee. ‘theiirthioprowl 000 cinistlintwith to .bog OsnamiPlan iond sodlofting NM/gallons orlb)Nlonet Cen•Ntent tho pratednle2commonly son OP d Zoning.V N he it bind On Olin iiniVor toning designation ammemont Atet 404)4 ISikilt in an oquivItont or seGNO.Intonative ONNIet whenconverse to'Nangde•tolltleng Nan 04.1.4 the ONO .0440 to Include thisInfonnnon and .lea until!.the CAP Chodillat ReNa•nbal vSystem.N/A I'N/A IN -Inethe projectOOM nal inetude temdenteal buildings Pg 6 a/ the 6.10Stud104040 that VS projod would now t 22120 Oviaystent or about 7373C•3Wattparta to 499•496 minoriurn permit'oilthe Dt0000.411nuat Son Kp2CoovowcalAndIndutno IV Systwn• %SO P'Nitroannual ol•tUldly uo• • 897%0 KWIIhr 45morn•Wanatty. 40309410P991V9 Pg of ithe GHG Studyslat.MatOm notedwill inane LED ;Int.within eiperneor 100 Leo end Othm Eminent teeing pm ren !nee nun.eyi.„no.„ee neee„.„eye ....cpp c„.„„ 04 • eonswt.", mem en.eye In boon PI 7 of th60140 Study and WCAPChek1161an thantile W mootINNInstall neural gal 4 Ulm View01.511,4 perok• water MawwAN.•pninimum 0105 poteNnt thommaleINCionci and thotthpswill be Imptenionted Owing Ow 'II Ono imperani TemaGuano Turf mi..Kn rite-Niue(Mirnon an portions or me mill nen ine.r. filled out ApolicanT vat.that cenain details mil lee petermed wen e con...Ionor future moan.06nnee eon .Iment 169 MOMIebee Inelndenye.seet/on ety TrynsitF.*nee.en-Omen'pen.serenene en en nee Annoy.. Ph..I.0.0.0 .V.2 9.epreeed on neynre.e.thei„npermen„. Pnese Secleon II information ''011.0 etene Ohne e'neon IV ea On Site T.my( Pan Sales oi T..p..s/DM Pi.n Tem.ay N ,ertion iv 05 Thrii.ipation 0.aiariteta'.laHon..of ^iarproer.P0g.WP Alone •Ppi.100.^^45000..^^0.e^e0 ar. wee' ritY elm rm..nee WM WO....to 0006.00 any me themlin camninnIente ee oriellelentwarewhet eiMated in the IDM eop(eetion Mende n nil eunimeent 'Feynnte...rnenm ne...end Dee eMer ItemsMet nennee be eneetem6 et thIe olement the Peolleel 4.06 tee the erten. MAIM.be enndItIened In Inde nit.7.7.00 (096 plan Zepo-Erniulon VOW* infrattucturs V N • /9e.mmn.I Waste Parig to.09.0.1.0909 N/A y APPUCAKOMIONSEI 'alitignOSNOW rc Cmordbinmkg41061 CAPCIIWUJI11101 411I•900 MICOee peryea.Th•GMG stunMebeen ...tadto geteMee it complies Mtn tne gnawplan TN ONO study Me boon upeatod to Mate theta. N otmenant vrni.thoNonni Won 2 COMIStiney1MN OP ZONNII the peptises wing;100NOP* Int/WWII tenee an apprtrisusetri00440th. 6034poem) plmzoning. end *Nook plan OMNI& Residential P0 Syelerne Conernefeeel end ennoble)PVSymms LED end Other Ellecent Lighting LED fleteree WIllbe Med end nn teen meal off le yea on the checklist Melel Water Nesting 1DM Plan Templete N.ed olty Inputon remaremetne for future onennee9 tenter. lDM Zoto•FmlmlonMale Infrastauctuto BM 07the tot.) pie/ON/Will provide Er OillistruChirs lot•total of 22 oUtiOne Ou toththe 22 4aNion. 2 Mtoo.Mll be hlotoliod as ActinMellon'IN!.shell Normal...I Rwaernal CRAd'..1"61thorl APPLICASITRIIPONSE6 ComemelsOwa bpplbent CAP ONECILIITITEM 900 MTCO2. per00.0 Ciorslatoney with OP end Zoning Reagent&WYSystems Compnoroal and snaustnai PV Systems LED end Other96enent.D9.Ing Solar Water Hinting IDM Plan lereplete 6 ZereEnibelonVellicla M•WW4ue RemeentialWaete Plping for Outdoor Irrigation City of Carlsbad CAP Consistency Checklist Review ANALYST COMMENTS/QUESTIONS Response on Response Further Action From CAP CHECKLIST ITEM CAP Cbecidist Accepted?Analyst Notes/Comments Applicant Needed? 1 <900 MTCO2e per year?y VPg,5 of the GHG Study states that project would generate operational emissions of 1,447.93 MT CO2e/year. The GHG Study does not specify whether the project is (a) consistent with the existing General Plan land use and zoning designations, or (b) if it is not consistent, that the project includes a 2 Consistency with GP and Zoning V N land use plan and/or zoning designation amendment that would result in an equivalent or less GHG-intenstive project when compared to existing designations.Please revise the GHG study to include this information and also update the CAP Checklist 1 Residential PVSystems N/A V N/A because the project does not include residential buildings. Pg.6 of the GHG Study states that the project would install 1221_20 kW system or about 737 2 Commercial and Industrial PVSystems y y300 -Watt panels to achieve the minimum 45 percent of the project's annual electricity use. Project's annual electricity use =897,098 KWh/yr.45 percent electricity use =403.694.10 kWh/yr. Pg. 6 of the GHG Study states that the project will install LED lights within all areas or 100 3 LED and Other Effiloent Lighting Blank N percent of the building.This question was not filled out in the CAP Checklist For consistency. please check the Yes box. Pg.7 of the GHG Study and the CAP Checklist, states that the project will install a natural gas 4 Solar Water Heating N V service water heater with a minimum of 95 percent thermal efficiency and that this will be implemented during the T.I. phase. /wpm-dull111UP out the TUIVI rien 111 uie LAY calet.kiist out riot an putourib al we nen IfolVe oven filled out Applicant states that certain details will be determed with a combination of future tenant. owener, and relevant City of Carlsbad departments. These items include: -Phase I,Section IV #3: Transit Facilties (Convenient Access to Transit) -Phase I,Section IV #5:On-Site Amenities -Phase II,Section IV #2: Designated On-Site Transportation Coordinator -Phase II.Section IV #3: Information Board or Kiosk 5 TDM Plan Template V N -Phase II,Section IV #4:On-Site Transit Pass Sales or Pre-Tax Transit Pass Program -Phase II,Section IV #5: Participation in Guaranteed Ride Home or Similar Program Also. application haS not been signed and dated. City staff will also review the TDM application to confirm any site design commitments are consistent with what is stated in the TDM application.City staff will supplement any notes/comments as needed.For other items that cannot be answered at this moment the project should. to the extent feasible. be conditioned to include these portions of the TOM plan. 6 Zero-Emission Vehicle Infrastructure 7 Residential Waste Piping for Outdoor Irrigation N/A V N/A because the project does not include residential buildings. APPLICANT RESPONSES Amgen 77:7777777 ITTAMITMEMTComments from Applicant SeITT PaiptiMYS/CoMmeab S CAP CHECKLIST ITEM TINOTAT408.10 1 <900 MTCO,e per year? 2 Consistency with GP and Zoning 1 Residential PV Systems 2 Commercial and Industrial PVSystems 3 LED and Other Effncent Lighting 4 Solar Water Heating 5 TDM Plan Template 6 Zero-Emission Vehicle Infrastructure 7 Residential Waste Piping for Outdoor Irrigation APPLICANT RESPONSES Comments from Applicant ApOloatikeiMeTCAP CHECKLIST ITEM 1 <900 MTCO2e per year? 2 Consistency with GPand Zoning 1 Residential PV Systems 2 Commercial and Industrial PV Systems 3 LEO and Other Effucent Lighting 4 Solar Water Heating 5 TDM Plan Template 6 Zero-Emission Vehicle Infrastructure 7 Residential Waste Piping for Outdoor Irrigation City of Carlsbad CAP Consistency Checklist Review AMUR COMBITS/WIEMIS Rowers Romans FullsMienkwisakstIbleliCetelitalS CAPMOW nu UP amain /input SOMA*SW I 900 IATC09 per year?Pg 5 or toe GlIG Study states mat project would gen9ale oPerebebel em91991011447 93•MT C09/year /690110 Study does not 'Weeny vonethar eh* 94940 II lalcomitent wrys Its ousting(bant016 Plan land use and zonffig 0.415960ns sr (WOllisnab combatant,Mal the project Includes. 2 coonsist„.with Go „oi 20nir,V 11 lend Wu plan And/et Zoning destratsmi einuarnent that WOUld lesuPt in an egvNaleill et Ind GRGintsnatoe projectwen °emendto ntsbnit deStAttens none resin 09 093 9693 Io mind.this InNemerDon endaim update theCAPChecitlist 1 Restdential PV Syetern N/A Y N/A because ibe projectionnot include res.densel budding" Pg.6 01111000 Study IAN the prowl Woukl initt0111221. 20 /54'yule'.or about>V 30010.11 panels39sidisave the minimum 46 percent of Pwlsont 499.910 us.2 0Ornmercial and 096000 Pt9yelems Projecrs annual eleancIty use •WOW)KVIIVw 15 beeentelednellyuse • 403.69410 Who. ttg.6 orate .GtoLStudy states iltstthe project twat 09013ED3gYta withm ail aloesor 100 3 LED end Other ErloCent LieNtleg Blank N pmcent et the buiLding cluestion say 09 etied a co We CAPChecaliat cons.sieney please check the Yee boo I Ofthe GmStudy andN.CAP Chetah& Mates that the 9rOad will install •natural fps 4 Soler Water Heating N b ereeneter hoe.90• .6.69 .195Pementebe.9•1•00997.neIntell.Wall be anreemontsci during the II phase Appocant Nettout the TOM Plan IntheCAP 01.00131 eye not ielpert0ne of the Plan hale Seen need 09 Apphsent gees test certain debria wyl be determed wen •combination of futufe,„„n.nwensr.lo Febyy.depoy.. These 'tams ineludo Phase Section IV .3 It at tsCilttes (Convenient Access In 1010111 PhaseI. Sectom 46 en IN ontonotes Phase Section 02 Deelnated On Stte ttensportebon Cootainstot 5 TIM Pion Templet.N Phan Section tY .3 infoimatten tlowd or Xiosit Phase II Semen IV 14 OroStte Ransil Oen Sales ot Pt.InTransit Pass Ptogram Ohne ti Sector.IV IN Pattletpatton in Gueranteeo Endo Horne of St Prognm Also spoficalion has not been *040.4 snit (Wed Col. men mil Moo too.. tn.!Dm SPOI1CSIMo to confirm any mt• theeir cornoottoentS le on/Went *It^ *hal mmeo tne TWA eintiootton sts5 suPPleseen. notes/commenta ...dee For °einem. „in cannot be antwered MMe moment the 9.09Anoble to the ottiennentble 000tItt.tmett to mclotte thesenon.."the I0.4 IN^ 6 eer9ereNseen •eiblebe innastruoture 8°.ontIal wnthPIP'ng 1°'°Nide.5"eNee"Nat r NJANowise tne protectdonnot Aclucle temaenow buitainge ComaImaSpike* CAPCHICKIJSMOI EllE=2=11 1111111111111.1n =111111111111 Ea MalSmalfl EIEEMZE EMEM 111•1111101M 1111111 =111111 CommttbaNippliNst 4v.k:CAPMEOWMI ,11.1111111111111.1 Mi=111.111111.11111 17 IR.mentiai waste piping iorouwoor irrigation 1 1 1 1 1 cpiiii City of Carlsbad CAP Consistency Checklist Review MMITTNIMMORS/QUOMOS 0.O "a lopes fixtbscANIOrlfralnPaabetNabt/Ctaleals CAPCHEOWITMINI Wlaseinst Pao.WM 44.4konegPfee 1 9001*-700 447 Y4447 Pg 5 et ineG9G Sway states thm stoma would e7.7..W.770n..o7.94.494a144)99 MT COre/year TheGIP shipdoes nOt Weedy whether the popes Isle oonsiatent reltn theniaingGeneral Plan rend ciao and zoning. desIgnations. or Oa if it N not nansisterrt that the project includes* 2 CortalateneY wIth GP and Lenin{y N land UN plan entVor toningtininatiOn amendment OmNotate result in an eqUIValtnt orfeu 0140.Mewteproject wren compered USealetragdeeliPan•Pleasetut..the ONG 1.90S h9 inctude Ula initemabon and also update the CAPOsearallet 1 ftelidentiel Pt:Wayne N/A Y 9/A Peterrie the Prarect dces trd 5.551 teedenli•I buIMInIts P(eof theONO Study states that the project wouldinitial221 20 law system or About 137 NCO-watt wet;to achieve tea MininiuM 45meant Mane project. *meal ele051057 use2etornmerelal sod Incluatrial isv systems Notedaannual erect:imp/ use • 897598 KIAW)5 45 Ottani elect555use • 405.804 WOW Pg 6oirthe Get bury states Mat the otoieddarn install LEDlights within all area or 100 IED ena 55.5 Vicient Leong Biwa N percent or webooing rnis question was not tired out in theCAPChecklist For consistency please theca the res P(1 DuneON Study and the CAPChecklist dates that ine project will Metallanaturalpa 0 Saler Water Neattng x Y lane.Water haterwith •minimUrnOf95 Woolthemtal eftrosinEy and that this will be II impnementeddorm(thell peas. APPIicarrt tileePut tn.IDIA 55Pintr. 5•55.entat hut Pot all 5.5551 Ott.PI•n hase been 'Wed nut artolicant States ton certan details 511 0.1010900 5th • cm05•9°.tutc'e recent.owner Ind '&5595515C( 5•11.000 44449744744 794°4 7744 497944 arrant4Section lb tarransa Facilities IConsenrent Access tolranvil Phase senor.ry et On-Sea amenities PhanIr Section IV .02 Designated On Site I IonepOrtation Commove( Plisse 11 Section IV •3 information Hoarder Cosh Phase ft Section IS 041 On Site Transit Pass Salesor Prearar I ranat Pan Plograta TIM Plan leMpiate .Ph•••Sect..IV 85 Participation in Guaranteed Aide Horne or Simpiar 5w san5 V aisis avocation nos not been caned and dated City stall ecri*leo revIew tneTOM appitcatron to confirm any ate design commitments ale conicatest with What is %Wertinthe TOM mastication Cat start will .UppPernent anY notes/cornmeats asn•eded For other items mat cannot be anaweted at this moment the Prolect should to the ettent ten5le. M .Ondttianed to 99040 the.P.497.ciftheTWA Plan 04/14/2017 start eeeee or the TOM 10Wile...int to identity theloans°of the it EVCalls onMt site Wan 2)Anol.c•nt to and carpooVyanpool symbol witnin legend on Site plan Pg 1 of the ONO&tidy stales the0 perCent el the total parkingsoon requited or Minimum ofOne SpeCil.illt.Mgrdlir PStreater.Will193 TO Capable and.total TV Capable' aced weviellitI,50 percient of Mem.alSiminimum anent wai have vie reentry elects 0 2445Entiaalon Vehicle infreatructure rahltaa araltiay0500fillint1ESSEi Se wawa actinatiargaing.taion$ropy lx 0.bymjit....ts and emp.oyses Forconfirmation.papa innate Me ONO studywet the total numb.et Oficiatiepecree for the VOd Including 0.e number al SOLO required to se TVCapable'0 •. Amara at spatter and USEIle.50 Percent of .001.01- r ResIdeotial Mete Piping for 00t0Carimpuon N/a r N/Aben...the prOreat dennolmcludeFespilenttal buildings 91/19985441na • •--..••••.. WYK wcsFCAY11161 .' The project has eloamented that it is °imp9000 CO2e/year 1 <900 MT5Or•PerYe.The GlIG ettala has !seen updated toewe that it complies wan the genetal pian V Item was re"""the fint re'eW ot the lensedONG study states thattn. VOA.* conalateht*1111 the Clt/ISGeneral Plan lend us.endloran( theG144 study has been updeted to state that it is conaAantnth IM 0..11 Plan The destpatona ms. commentIn the itraleede.ment detainthat 2 COnslatancy AMIGA and Zoning Pto/ect N a shell for future induitriai uses as an aplareved use thrOug5 thecats Y further try ttlitng that the prefect is Industrial and therefore general plot. Mang and apart plan Catena oanstatent with cerealdesignations.Inthe tubas.ens.< thoseodd tit lowei of detail In the OHO Study antVerCAP Choeldlet 1 Raildentill Pt Systems N/A 244 review on this sem not needed N/A 2 COmmerolel 504 Indus-trier PVWarns N/A 204 review on We Item not needed N/A Applicant theflred the boo on the CAP 555- Checklist that LEO bailie!. 3 LED and Other Efficient LightIng LEDnaturalWil!be used and has Peen Checkd off es yes on The MedalistN will on In least 755m the 19 4 solar Water Heating N/A 2ndbeFeeley!reedon AS dellnet needed N/A City has connuned that the 11 NV stalls end urpooOvenpool 5 TOM Plan Template Need city spun on enquiremethe far future occupied[enfant TOM V isignage Is on the protects site plan.City has also confirmed that N theTOM has teen approved Inthe first review. applioent was asked to provide the total number el perking lipase* ter the protest alongwitthe entire! number ofEVCapable end EKE Nene.Appheent preVided the number Cif EYCapable and EWE species In the CAP Checklist. AssenttinCOMM'e with the City the total number of Pendell *peen for the prOJIlet(960 [MIMI antes).e% of total is 22 losesthe< would needSehe kV Cepable 11 Ofthen111001ft%el the toter penning will provideEY Mfreartiature foratotal 0.22 stations.Ontof thea.2•0>Errileelen Oehler. infrestructure y would he EWE.AppllOat confirmedIn the CAP Checielinnst 222 NUMMI 2nations will be Moanedes letlOsi etatiOnstattlesnail parrot leVel would be Installed Vdth the shell peril%1111.°Online that the POMOMegee Sind Provided bYthepitiedIs°moisten{Withthe reqUireMente eltheChecltilit b%d407 would be 22 And has &thoseIlllipid.)WOOSneedle beCMand listed on site pten.meteor his been rellelVed.tat epplieent should provide all Of COSIhrtilnatIenIneither thesee MS.ortheCAP Cheeldiet In theMutt •7 Residential Waste Piping for Outdoor Irrigation N/A 2nd review on this item not needed. CLTA Preliminary Report Form Order Number:U-5112454 (06) (Rev.11/06)Page Number:1 114ri c :1;;11/041; First American Title First American Title Company 7979 Ivanhoe, Suite 200B La Jolla,CA 92037 File No.:U-5112454 (06) This report has been amended/updated to reflect•the following matters: []No changes made to the report other than the Effective Date []Property address has been revised [I.Vesting has been revised []Legal Description has been revised [X ]Taxes have been updated [X ]Original item number(s)1 and 4 have been removed [X ]New item number(s)1 through 3 have been added []Original item number(s)V have been revised [X ]Other: Informational notes original item no's.1 and 2 has been added. RECEIVED NOV 1 7 2016. CITY OF C1NRLSBAD.. PLANNING DIVISION First American Title --- "Order Number:U-5112454 (06) Page Number:2 Updated 10/03/2016 •ohiso„., :litho:Ati7erican Tide Firs't American Title Company 4380 La 3olla Village Dr, Suite 200 San Diego, CA 92122 Customer Reference: Order Number:U-5112454 (06) Title Officer:Dianne Livingston • Phone:(858)410-1303 Fax No.:(714)913-6750 E-Mail:V dslivingston@firstam.com Escrow Officer:Karen Hagen Phone:(858)202-5675 • Fax No.:(888)302-8627 E-Mall:khagen@firstam.com . V E-Mall Loan Dotuments to:FACA-RA-La.lolla-7979@iirsimm.com Buyer:RAF GROUP LOT 24, LLC Owner:Carlsbad Oaks North Partners,LP Property:Vacant Land • Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that ft Is prepared to issue, or cause to be Issued, as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth In Exhibit A attached.Thepolicy to be Issued may contail an arbitration dausa When the Amount ofInsuance is less than that set forth In the erbilration clause, all alb /liable matte's shat be athitratedat the option of ether the•CrInpany or the Insured as the exclusive remedyofthe parties Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Mamum Mar Limit of Liability for •certain coverages are also set forth In Exhibit k Copies of the policy forms should be read. They are available from the office which Issued this report firstAmerican Mile Order Number:U-5112454 (06) Page Number:3 Please read the exceptions shown or referred to below and the exceptions and exclusions set forth In Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance polio' and should be carefully considered. It is Important to note that this preliminary report Is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto)Is Issued solely for the purpose of facilitating the issuance of a policy of title Insurance and no liability Is assumed hereby.If It Is desired that !lability be assumed prior to the issuance of a policy of title Insurance,a Binder or Commitment should be requested. ( • • • firstAmerican Tide Order Number:U-5112454 (06) Page Number:4 Dated as of September 27, 2016 at 7:30 A.M. The form of Policy of title insurance contemplated by this report Is: To Be Determined A specific request should be made if another form or additional coverage is desired. •Tide to said estate or Interest at the date hereof is vested in: CARLSBAD OAKS NORTH PARTNERS, L.P., A LIMITED PARTNERSHIP The estate or interest in the land hereinafter described or referred to covered by this Report Is: A fee. The Land referred to herein Is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage In addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1.General and spedal taxes and assessments for the fiscal year 2016-2017. First Installment:$20,514.00,OPEN Penalty:$0.00 Second Installment:$20,514.00,OPEN Penalty:$0.00 Tax Rate Area:09013 A.P.No.:209-120-18-00 2.Supplemental taxes for the year 2016-2017 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment:$25,958.52,OPEN Penalty:$0.00 Second Installment:$25,958.52,OPEN Penalty:$0.00 Tax Rate Area:09013 A.P.No.:900-001-06-00 3.Supplemental taxes for the year 2016-2017 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment:$49,999.99,OPEN firstAmerfcan 77de • Order Number:U-5112454 (06) Page Number:5 Penalty:$0.00 Second Installment:$49,999.99,OPEN Penalty:$0.00 Tax Rate Area:09013 A.P.No.:900-001-09-00 APN No's. 900-001-07-00 through 900-001-09-00 Installment amounts shown above affect each of the above referenced Assessor Parcel Numbers. 4.Intentionally Deleted 5.The lien of spedal tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Fadlities District No.1, as disclosed by Notice of Spedal Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records. Document(s) declaring modifications thereof recorded June 29, 2004 as Instrument No. 2004- 0606773 of Official Records. 6.The lien of supplemental taxes,if any, assessed pursuant to Chapter 3.5 commendng with Section 75 of the California Revenue and Taxation Code. 7.The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee" recorded December 3, 1981 as Instrument No. 81-380028 of Official Records. 8.The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee" recorded December 11, 1985 as Instrument No. 85-466658 of Official Records. 9.Lien for weed abatement in favor of City Coundl of the City of Carlsbad Against:Carlsbad Oaks North,LP Amount:$1,547.40 Recorded:August 5, 2004 as Instrument No.20040740745 of Offidal Records. 10.The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded November 9, 2004 as Instrument No.2004-1066056 of Official Records. 11.The terms and provisions contained in the document entitled "Notice and Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation Corridors Case No: CT 97-13" recorded November 9, 2004 as Instrument No. 2004-1066058 of Official Records. 12.The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded December 15, 2004 as Instrument No. 2004-1180067 of Official Records. 13.The terms and provisions contained In the document entitled "Hold Harmless Agreement Geological Failure" recorded December 15, 2004 as Instrument No. 20041180068 of Offidal Records. fitstAmerican Tide • Order Number:U-5112454 (06) Page Number:6 14.The terms and provisions contained in the document entitled "Agreement Between Developer/Owner and the City of Carlsbad for the Payment of a Local Drainage Area Fee" recorded December 21, 2004 as Instrument No. 2004-1201221 of Official Records. 15.An easement for public street and public utility and incidental purposes, recorded January 23, 2007 as Instrument No. 2007-0047586 of Official Records. In Favor of:City of Carlsbad, a munldpal corporation Affects:As described therein 16.Rights of the public In and to that portion of the land lying within any Road, Street, Alley or Highway. 17.Water rights, daims or title to water. whether or not shown by the public records. 18.Rights of parties In ,possession. Prior to the Issuance of any policy of title insurance, the Company will require: 19.With respect to Carlsbad Oaks North Partners, L.P.,a California limited partnership: a.That a certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (font LP-2) be recorded in the public records; b. A full copy of the partnership agreement and any amendments; c.Satisfactory evidence of the consent of a majority in Interest of the limited partners to the contemplated transaction; d. Other requirements which the Company may impose following its 'review of the material required herein and other information which the Company may require.• RistAmen-can Tide Order Number:U-5112464 (06) Page Number:7 INFORMATIONAL NOTES Note: The policy to be Issued may contain an arbitration dause. When the Amount of Insurance Is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.If you desire to review the terms of the policy, induding any arbitration clause that may be induded, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be Issued In connection with your transaction. 1.The property covered by this report is vacant land. 2.According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 3.We find no open deeds of trust Escrow please confirm before dosing. The map attached,if any, may or may not be a survey of the land depicted hereon. First American expressly disdaims any !lability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage Is expressly provided by the terms and provisions of the title insurance policy, If any, to which this map is attached. firstAmerican Tide Order Number:U-5112454 (06) Page Number:8 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: 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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 14 OF C.T. 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, SAID POINT BEING ON THE NORTHERLY BOUNDARY OF A PUBLIC STREET AND UTILITY EASEMENT RECORDED JANUARY 23, 2007 AS FILE NO. 2007-0047586, SAID POINT ALSO BEING ON A 56.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS NORTH 10° 39' 29" EAST; THENCE, ALONG SAID EASEMENT, SOUTHERLY ALONG SAID CURVE 'THROUGH A CENTRAL ANGLE OF 181° 26' 49" AN ARC DISTANCE OF 177.34 TO THE SOUTHERLY BOUNDARY OF SAID EASEMENT AND THE BEGINNING OF A COMPOUND 836.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID SOUTHERLY BOUNDARY AND SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 54'11" AN ARC DISTANCE OF 159.09; THENCE, LEAVING SAID SOUTHERLY BOUNDARY, NON-TANGENT TO SAID CURVE SOUTH 01° 4T 45" WEST 442.55 FEET; THENCE SOUTH 43° 05' 58" WEST 78.45 FEET TO A POINT ON THE BOUNDARY LINE OF MAP NO. 14926; THENCE, ALONG SAID BOUNDARY LINE, NORTH 77° 38' 20" WEST 113.76 FEET; THENCE, CONTINUING ALONG SAID BOUNDARY LINE SOUTH 11° 17' 49" WEST 82.26 FEET; THENCE SOUTH 87° 08' 32" WEST 365.70 FEET; THENCE SOUTH 72° 37' 22" WEST 98.92 FEET; THENCE SOUTH 78° 26' 29" WEST 72.00 FEET; THENCE, CONTINUING ALONG SAID BOUNDARY LINE, NORTE!11° 33' 31" WEST 194.52 FEET TO THE BEGINNING OF A TANGENT 786.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3° 10' 04" AN ARC DISTANCE OF 43.46 FEET; THENCE, NON-TANGENT TO SAID CURVE, SOUTH 84° 35' 16" WEST 280.24 FEET; THENCE SOUTH 85° 29' 23" WEST 251.74 FEET; THENCE SOUTH 82° 04' 13" WEST 213.60 FEET; THENCE SOUTH 89° 43' 03" WEST 175.64 FEET TO THE BEGINNING OF A TANGENT 365.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45°4T 04"AN ARC DISTANCE OF 291.67 TO THE BEGINNING OF A COMPOUND 263.95 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44° 15' 12" AN ARC DISTANCE OF 203.87; THENCE NORTH 00° 14' 41" WEST 240.75 FEET; THENCE NORTH 44° 08' 29" WEST 144.73 FEET; THENCE NORTH 19° 31' 49" WEST 131.99 FEET; THENCE NORTH 05° 21' 05" EAST 57.20 FEET; THENCE NORTH 34° 27' 58" EAST 197.57 FEET; THENCE NORTH 59° 57' 40" EAST 70.09 FEET; THENCE SOUTH 79° 15' 22" EAST 175.81 FEET; THENCE SOUTH 51° 37' 17" EAST 154.72 1 -tt i TO THE BEGINNING OF A 183.02 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52° 02' 49" AN ARC DISTANCE OF 166.25 TO THE BEGINNING OF A REVERSE 171.06 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36° 18' 35" AN ARC DISTANCE OF 108.40; THENCE SOUTH 67° 21' 31" EAST 137.39 FEET TO THE BEGINNING OF A 120.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46° 37' 51" AN ARC DISTANCE OF 97.66; THENCE NORTH 66° 00' 38"EAST 156.85 FEET; THENCE NORTH 45° 24' 07" EAST 128.01 FEET; THENCE SOUTH 84° 16'15" EAST 52.97 FEET; THENCE NORTH 20° 33' 19" EAST 121.02 FEET; THENCE NORTH 47° first Amenam Tide Order Number:U-5112454 (06) Page Number:9 08' 06" EAST 406.15 FEET; THENCE SOUTH 89° 28' 01" EAST 876.72 FEET TO THE NORTHWEST CORNER OF MAP NO.15505; THENCE, LEAVING THE. BOUNDARY LINE OF SAID MAP NO.14926 ALONG THE WEST LINE OF SAID MAP 15505, SOUTH 00° 31' 59" WEST 420.80 FEET; THENCE, CONTINUING ALONG SAID WEST LINE, SOUTH 89° 28' 01" EAST 45.73 FEET; THENCE SOUTH 00° 31' 59" WEST 376.85 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 14; THENCE, ALONG SAID NORTE! LINE, SOUTH 89° 09' 41" WEST 153.25 FEET TO THE POINT OF BEGINNING. THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT, CERTIFICATE NO. ADJ 09-05 RECORDED MARCH 15, 2016, AS INSTRUMENT NO. 2016-0113806 OF OFFICIAL RECORDS. APN:209-120-18-00 fitstAmefican 77de " --d SIN COOmum ATOMWP 09 Oh sii2T0910F —12 2 1 iv nr I 1•- 8/25120104 -0' ,20a_•...••• DO:FM ftlid.fA 1 Mr CPEN SPACE ..,..•• •AEI Ia1=C2;113= 1:111==1:11:1 I WI Pk rib ..•WV MEN1=1;1:111E1MMIIIEMIDGI 1 994AC ..i 0 1 n MENCID 4.1 AC 8.1C III... 11111111111MINIIII .._ POR 8 ..Lr it ,31 4••<% M=II=MMil,..1.24 •/.• • ..•.•-3 gal -nui EMIMIEMi., '-.•.. 5 5.c?A C 1 1• .•Ac ib EMMEMEMMEM 1 ••.a.k m „v.„4.AC ma •. SHT 1 EMMEM uCTILaist.AD97.54 T EMMEM(E)97-13-03 r! r ....I .;+r, -g i I. NOR OWS TH PHASE 3 PV.'..7.ro NO ACCESS2.WHPTAIL LOOP 3. cmtieou Cr4111MA -."f.•a ..:,,,.1.••13 AC • ..4'SEE RECORD NAP 14026 ,,, 4 13FAc •• 40,11. FOR ACCESS LOCATIONS*• 8%!'• .r.7'..r • '•••4 dim 1•11••••..,,, • •. .."- ...04ezt. ,R t I ..•.,........„ ,..z., .."-...li"4..;•.SHT 2 of • X scr)It n•1 •it 717 1 •nal• _ ...1 ff 1 CPEN AC 1 ,'.AC .4 ., 5.1 • .-''0.••' •3..n 1*.. ,„‘, i.r..,e.4 ..4* .....SC ..;;',arS . .•• 4( 13. -•,''.f 00SPACE •••:.•I:..tin .""1 .'. i .........E afc.• •. ‘ C .:..pil (D —I24%4to zr 11 Ac i 1.iAC .Z Z ii :ArAI ...-;-1.-.4 .....J -)..''.''.!...: .f:.«......1.... '02' A ptocravonr 8.11 B N5313'30-E 18.15 C C33.....•' . acli)Ac ....• ft •0 -• • Ilw 0 .:. . 1 •FARADAY AVE c N.58'49.30.1 85.950R-284 28.89 E N5.733.23•11 148313 F 144.8'06.30•E 21.89 Cr ER ' u 1 4.,,:-,, •.e•eiu .f ,: :$ • 0 Ft=.1CO 60 H Mater56-E 78.45 I- J R=6.8 177.34 .•ca g •I 1 SHT 2 en I—. 16 4',I--. ,s.i• r.)-iltoI4=6IMAP15505—CARLSBAD TCT NO 97-13-02 CARLSBAD OAKS NORTH PHASE 2 MAP 14a26 CARLSBAD TCT NO 97-11—_Q1 QARLSBAD OAKS NORTH PHASE 1gMAP823- 7 RHO AGUA HEDIGNDA —P OR LOT B .i 13crt Order Number:U-5112454 (06) Page Number:11 NOTICE Section 12413.1 of the California Insurance Code, effective January 1,1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. Rrst Amefican 77de Order Number:U-5112454 (06) Page Number:12 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CITA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions In Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses mulling from: 1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building;(d) Improvements on the Land; (b) zoning;(e) land division; and (c) land use;(f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16,.18, 19, 20, 23 or 27. 2.The failure of Your existing structures, or any part of them, to be constructed In accordance with applicable building codes.This Exclusion does not limit the coverage deserted in Covered Risk 14 or 15., 3.The right to take the Land by condemning It.This Exclusion does not limit the coverage described In Covered Risk 17. 4.Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded In the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result In no loss to You; or (d) that first ocarr after the Policy Date -this does not limit the coverage described in Covered Ftlsk 7, 8.e., 25, 26, 27 or 28. 5.Falure to pay value for Your Title. 6.Lack of a right (a) to any land outside the area specifically described and referred to In paragraph 3 of Schedule A; and (b)In streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state Insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Ma:dmurn Dollar Umit of Liability shown in Schedule A. Your'Deductible Amount Our Maximum DollarLimit of Liability Covered Risk 16: 1% of Policy;Amount or $2,500.00 (whichever Is less)$10,000.00' Covered Risk 18:1% of Policy Amount or $5,000.00 (whichever Is less)$25,000.00 Covered Risk 19:1% of Policy Amount or $5,000.00 (whichever is less)$25,000.00 Covered Risk 21:1% of Policy Amount or $2,500.00 (whichever Is less)$5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss, costs, attorneys' fees, and expenses restating from: 1.Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date. AistAmerican 77de ) Order Number:U-5112454 (06) Page Number:13 This exclusion does not limit the zoning coverage described In Items 12 and 13 of Covered Ti tie Risks. 2.The right to take the land by condemning It, unless: (a)a notice of exert sing the right appears,in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you If you bought the land without knowing of the taking 3.The Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date —unless they appeared in the public records (c) that result In no loss to you (d) that first affect your title after the Policy Date —this does not limit the labor and material Den coverage trn Item 8 of Covered Title Risks 4.Failure to pay value for your title. 5.Lack of a right (a) to any land outside the area specifically described and referred to In Item 3 of Schedule A OR (b)In streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage In Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE • The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) tebbkAirpg, regulating, prohibiting, or relating to •(I) the Occupancy, use, or enjoyment of the Land; (U)the characbar, dimensions, or location of any improvement erected on the Land; (111)the subdivision of land; or (lv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured aalman4 (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not &dosed in writing to the Company by the Insured claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13,or 14); or (e) resulting hi loss or damage that would not have been sustained if the Insured aaimant had paid value for the Insured Mortgage. 4.Unenforosability of the lien of the Insured Mortgage because of the inability or fallure of an Insured to comply with applicable doing- business laws of the state where the Land Is situated. 5.Irwalkfity or unenforceablity in whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and Ls based upon usury or any consumer credit protection or truth-In-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage,is (a)a fraudulent conveyance or fraudulent transfer, or (b)a piefeiuiUal transfer for any reason not stated in Covered Risk I3(b). of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between. Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This acluslon does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford elther Standard Coverage or Ectended Coverage.In addition to the above Exclusions from Coverage, the Breptions from Coverage In a Standard Coverage policy will also Include the following Noaptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result In taxes or assessments, or notices of such firstAmentan 77t/e •k,_,) ,Order Number:U-5112454 (06) Page Number:14 proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or dairns that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements, Bens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse drcumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or In Act authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any Ben or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are ED:ores* excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, Prohibiting, or relating to (1)the occupancy, use, or enjoyment of the Land; (11)the character, dimensions, or location of any improvement erected on the Land; (Ill) the subdivision of land; or (lv) envhonmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the Title. 4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A,Is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 9 of this 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other Instrument of transfer in the Public Records that vests Title as shown In Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1.(a) Taxes or assessments that are not shown as existing liens by the records of arry.tedng authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any fads, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspedion of the Land or that may be asserted by persons in possession of the Land. 3.Easements,lies or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse drcurnslance affecdng the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or In Ads authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any Ben or right to a lien for services, labor or material not shown by the public records. firstAmerican 77de r--I. ALTA IDOIANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a) Any taw, ordinance, permit, or governmental regulation (including those relating to building and zoning) iesti regulating, prohibiting, or relating to (I) the occupancy, use, or enjoyment of the Land; (11)the character, dimensions, or location of any improvement erected on the Land; OD the subdivision of land; or (Iv) environmental protedion; or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 1.3(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or dainage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered RIsk 11, 16,17,18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid vahie for the Insured Mortgage. 4.Unenforceabllity of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5.Invalidity or unenforceablitty in whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon. usury or any consumer credit protection or truth-in-lending law. This Ecdusion does not modify or limit the coverage provided in Covered Risk 26. 6.Any claim of Invalidity, unenforceabilty or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown In Schedule A is no longer the owner of the estate or Interest covered by this policy. This Exclusion does not modify or limit the coverage provided In Covered Risk 11. 7.Any Item on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8.The failure of the residential structure, or any portion of It, to have been constructed before, on or after Date of Policy In accordance with applicable building codes.This Exclusion does not modify or limit the coverage provided In Covered Risk 5 or 6. 9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage,Is (a) a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated In Covered Risk 27(b)of this policy. firstAmerican 77t1e • • .,• ,tat.. • MCaP. Primo/ Information • We Are Committed to Safeguarding Customer information . In order to better serve your needs now and in the fulike, we may ask you to provide US with certain Information. We understand that you may be concerned about what we wIl do with suCh Lau .stiuI -particularty any personal or firmxial Information. We agree that you have a right to know how we will utilize the personal Information you provide to us. Therefore, together with our subsiclisrles we have adopted this Priory Pcitry to govern the use and herding of you personal information.. Applicability This Privacy Poicy governs our use of the information that you provide to us.ft does not govern the winner in wNch we may use Information we have obtained from any other source, such as Information obtained from a public record or from another person or entity.Rust American has also adopted broader guidelnes that govern our use of personal Information regardless of Its source. First American calls these guidelines its Fair Information Vaiues. Types of Information Depending upon which of our services you are utilising, the types of nonpublic personal Infomustion that we may collectinductee•Irformation we receive from you on applicatbrts, forms and In other oornmunications to us, whether In writhg,In person, by telephone or any other marten•Lduu.vstbir about Your transactions with us, Orr affilated companies, or others; and•Llounstbu we receive from a consumer reporting agency. Use of Information - We request iltuirtstbu from you for ow own peg mate business purposes and not for the beneft of any nonafilbited party. Therefore, we will not release your Information to nonaffilated parties except:(1) as necessary for us to provide the product or service you have requested of us or (2)as permitted:by law. We may, however, store such hifumallu.IndefIrdbely,Includhx) the period after which any customer relationship has ceased. Such [dur.vd.kmi may be used for any Internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal Information fisted above to one or more of our affiliated companies. Such enlisted companies include financial service providers, such as Attie.hsurers,property and casualty Insurers,and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Rrthermore, we may also provide all the h maks'we coiled,as described above, to companies that perform marketing services on our behalf,on behalf of ow affiliated companies or to other flnandal Institutions with whom we or ow entered converges have' joint marketing agreements. Former Customers Even If you are no longer our customer, our Privacy. Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no wouthOlized parties have amen to any of your information. We restrict access-to nonpublic personal inforrnrilon about you to those Individuals and entEles who need to IcreoW that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your Information will be handled responsibly and In accordance with this Privacy Policy and First Amu kg.s Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal Information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy. issues on the Internet. We believe It Is Important you know how we treat the information about you we receive on the Internet In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Orr Web servers collect the domain names,not the e-mail addresses, of visitors. This Information is aggregated to measure the minter of vists,• average tare spent' on the site, pages viewed and similar information.Rust • American uses this information to measure the use of owsite and to develop ideas to Latium the content of our site. There are time's, however, when we may need, information from you, such-as your name and email address. When InforrnatIon is needed, we MI use our best efforts to at you know et the time of coledlon how we wM use the personal information.Usually,the personal Information we coiled is-&ad only by us to respond to your Inquiry, process an order or allow you to amass specific acrount/profie Information.If you choose to share any personal irformation with us, we wit only use it In accordance with the policies outlined above. 941filled• Relatio=idol Rust American Finandal Corporation's rte and its ante&sites may contain Ihgcs to other Web sites. While we try to link only to stes that share our high standards and respect for privacy, we are not responstde for the content or the privacy practices employed by other sites 'Cookies .•-• Some of First American's Web sites may, make use of 'oxkle•technoiogy to measure site activity and to custontre Wormation to your personal tastes. A cookie IS an element of data that a Web site can said to your blowier, which may then store the cookie on your hard drive. ErsiAmcgrn uses stored coolies.The goal of this technology in to better'serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and producttve Web site eqierience. Fair Information-Values Fairness We consider consumer expectations about litelrprIvacy In all our businesses. We only offer products and services that assurea favorable balance between =artier bens%and core:tans Prialor'•Public Record We believe that en open public record creates sigificant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record • and emphasize Es Importance and contrilxrdon to our economy. Me We believe we should behave responsibly when we use information about a consumer In owbusiness. We Al obey the lava governing the rogedion, use and cIsseinination of data. Accuracy We will take revs noble steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we wilt:eke reasonable steps to correct inaccurate Information. When, as wth the public record, we cannot correct inaccurate Information, we will take ail reasonable steps to assist cortsuners in identify-hg the source of the erroneous data so that the consumer - can secure the requked corrections. Education We endeavor to educate the users of our products and services, ow employees and others In our Industry about the Importance of consumer privacy. We will hstruct our employees on ow fair information values and On the responsible collection and use of data. We will encourage others in ow hxkstry to collect and use hibernation in a responsible manner. Security We will maintain appropriate fatuities and systems to protect against unauthorized access to and oxruptbn of the data we maintain." Form.50-PRIVACY (9/1/10)Page 1 of 1 Privacy Information (2001-2010 First American Finandal-Corporation) •• • •• • .. • •• •. • , I • Font No. 1402.06 Policy Page 1 ALTA Owner's Policy (6-17-06)•Policy Number: 5112454' 1100302P050600 "1.70 - OWNER'S POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company 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 the address shoivn In Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS police power not covered by Covered Risk 5 if a notice of the FROM COVERAGE CONTAINED IN SCHEDULE B AND THE enforcement action. describing any part of the Land,Is recorded CONDITIONS,FIRST AMERICAN TITLE INSURANCE COMPANY,a In the Public Records, but only to the extent of the enforcement Nebraska corporation (the 'Company')Insures,as of Date of Policy referred to In that notice.. and,to the extent stated In Covered Risks 9 and •10,after Date of 7.The exercise of the rights of eminent domain If a notice of the Policy,against loss or damage,not exceeding the Amount of exercise,describing any part of the Land;is recorded In the Insurance, sustained or incurred by the 'Insured by reason of:Public Records. 1.Title being vested other than as stated in Schedule A.8.Any taking by a governmental body that has marred and Is 2.Any defect in or lien or encumbrance on the The. This Covered binding on the rights of a purchaser for value without Knowledge. Risk indudes but is not limited to insurance against loss from 9.Title being vested other than •as stated In Schedule A .or being (a)A defect in the The caused by defective (I)forgery,fraud,undue Influence,duress,incompetency,(a)as a result .of the avoidance in whole or in part,or tiom a Incapacity, or impersonation;court order providing an alternative remedy, of a transfer of (Ii)failure of any .person or Entity to have authorized a all or any part of the title to or any Interest in the Land transfer or conveyance;-occurring prior to the 'transaction vesting Title as shown in OD a document affecting Title not property created,Schedule A because that prior transfer constituted a executed, witnessed, sealed, acknowledged, notarized, or fraudulent or preferential transfer under federal bankruptcy, •delivered;state Insolvency, or similar creditors' rights laws; or (iv) failure to perform those acts necessary to create a (b)because the instrument of transfer vesting The as shown in document by electronic means authorized by law;Schedule A constitutes a preferential transfer under federal (v)a document executed under a falsified,expired,or bankruptcy, state insolvency, or similar creditors' rights laws otherwise invalid power of attorney;by reason of the failure of Its recording In the Public Records (vI) a document not properly -filed, recorded,or indexed in (1)to be timely, or the Public Records including failure to perform those ads (11)to impart notice of its existence to a purchaser for value by electronic means authorized by law; or or to a judgment or lien creditor. (vii)a defective judicial or administrative proceeding.10.Arty defect In or lien or encumbrance on the Title or other matter •(b)The lien of real estate taxes or assessments imposed on the Included In Covered Risks 1 through 9 that has been created or Title by a governmental authority due or payable, but unpaid.attached or has been filed or recorded in the Public Records (c)Any encroachment,encumbrance,violation,variation,or subsequent to Date of Policy and prior to the recording of the adverse circumstance affecting the The that would be deed or other instrument of transfer 'in the Public Records that disclosed by an accurate and complete land survey of the.vests Title as shown in Schedule A.• Land.. The term 'encroachment' includes encroactrnents of cpisting Improvements located on the Land onto adjoining The Company will also pay the costs,attorneys' fees, and expenses land,and encroachments onto the Land of existing incurred in defense of any matter insured against by this policy; but improvements Iodated on adjoining land.only to the extent provided in the Conditions. 3.Unmariztable Title. 4.No right of access to and from theland.Fifa Arnerican Title insulanc:a 'Company5.The violation or 'aqui =mitt of, any law,ordinance,permit,or governmental regulation (including those relating to building and (oning) restricting, regulating, prohibiting, or relating to (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 of land; or 0Doonals‘keiallTrara (d)environmental protection President 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...iiitrep itstgkison6.An enforcement action based on the exercise of a governmental Secretary • • • .. x Form No. 1402.06 Poky Page 2 ALTA Owner's Policy (6-17-06)Policy Number: 5112454 EXCLUSIONS FROM COVERAGE go With regard to (A),(B),(C),and (D)reserving,however,all rights The following matters are expressly excluded from the coverage of this policy, and and defenses as to any successor that the Company would have had the Company wH1 not pay loss or damage, costs, attorneys' fees, or expenses that against any predecessor Insured. arise by reason of:(e)'Insured Claimant': An Insured claiming loss or damage. 1.(a)Any law, ordinance, permlt, or governmental regulation (including those (f)"Knowledge'or 'Known':Actual knowledge,not constructive knowledge relating to butkilng and zoning)restricting,regulating,prohibiting,or or notice that may be imputed to an Instred by reason of the Public relating to Records or any other records that Impart constructive notice of matters (I)the occupancy, use, or enjoyment of the Land;affecting the The. (11)the character, dlmersbres, or location of any improvement erected on (g)"Land": The land described in Schedule A, and affixed improvements that the Land;by law constitute real property.The term 'Land" does not include any (11)the subdivision of land; or property beyond the lines of the area deserted In Schedule A,nor any (Iv)environmental protection;right,title,interest,estate,or easement In abutting streets,roads, or the effect of any violation of these laws,ordinances,or governmental avenues,aleys,lanes,ways, or waterways, but this does not modify or regulations. This Exclusion 1(a) does not modify or limit the coverage provided limit the extent that a right of access to and from the Land Is insured by under Covered Risk 5.this policy. (b)Any governmental ponce power.This Exclusion 1(b) does not modify or (h)'Mortgage:Mortgage,deed of trust,trust deed,or other security limit the coverage provided under Covered. Risk 6.Instrument,including one evidenced by electronic means authorized by 2.Rights of eminent domain.This Exclusion does not modify or Imo the law. coverage provided under Covered Risk 7 or 8.(I)'Public Records':Records established under state statutes at Date of 3.Defects, liens, enarnbrances, adverse claims, or other matters Policy for the purpose of imparting constructive notice of matters relating (a)created, suffered, assumed, or agreed to by the Insured Claimant to real property to purchasers for value and without Knowledge.With (b)not Known to the Company, not recorded in the Public Records at Date of respect to Covered Risk 5(d),'Public Records'shall also include Policy,but Known to the Insured Claimant and not disclosed In writing to environmental protection Hens flied In the records of the clerk of the the Company by the Insured Claimant prior to the date the Insured United States District Court for the district where the Land is located. Claimant became an Insured under this policy;(j)'Title": The estate or interest described in Schedule A. (c)resulting in no loss or damage to the Insured Claimant (k)"Unmarketable Title": The affected by an alleged or apparent matter that (d)attaching or created subsequent to Date of Poky (however, this does not would permit a prospective purchases or lessee of the Title or lender on modify or limit the coverage provided under Covered Risks 9 and 10); or the Title to be released from the obligation to purchase, lease, or lend if (e)resulting In loss or damage that would not have been sustained If the there is a contractual condition requiring the delivery of marketable Insured Claimant had paid value for the Tttle. 4.Any claim, by reason of the operation of federal barkuptcy, state insolvency,2.CONTINUATION OF INSURANCE or similar creditors' rights laws, that the transaction vesting the Title as shown The coverage of this policy shal continue in form as of Date of Policy In favor in Schedule A,Is of an Insured, but only so long as the Insured retains an estate or Interest In the (a)a fraudulent conveyance or fraudulent transfer; or Land,or holds en obligation secured by a purchase money Mortgage given by a (b)a preferential transfer for any reason not stated in Covered Risk 9 of this purchaser from the Insured, or only so long as the Insured shall have liability by policy.reason of warranties in any transfer or conveyance of the The. This policy shall not 5.Any Hen on the The for real estate taxes or assessments imposed by continue in force In favor of any purchaser from the Insured of either (1)an estate governmental authority and created or attaching between Date of Policy and or Interest in the Land, or (ii) an obligation seared by a purchase money Mortgage the date of recording of the deed or other Instrument of transfer In the Public given to the Insured. Records that vests Title as shown in Schedule A. 3.NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT CONDITIONS The Insured shall notify the Company promptly In witting (1)In case of any 1.DEFINITION OF TERMS litigation as set forth in Section 5(a)of these Conditions,(11)In case Knowledge The following terms when used In this policy mean:shall come to an Insured hereunder of any claim of title or Interest that is adverse (a)'Amount of Insurance":The amount stated In Schedule A,as may be to the The,as Maned,and that might cause loss or damage for which the increased or decreased by endorsement to this policy,increased by Company may be liable by virtue of this policy, or (ii) if the Title,as insured,is Section 8(b), or decreased by Sections 10 and 11 of these Conditions.rejected as Unmarketable Title.If the Company Is prejudiced by the failure of the (b)'Date of Policy': The date designated as 'Date of Poky"In Schedule A.Insured Claimant to provide prompt notice, the Company's liability to the Insured (c)'Entity":A corporation,partnership,trust,limited !Lability company,or Claimant under the policy shall be reduced to the extent of the prejudice. other similar legal entity. (d)'Insured':The Ins red named in Schedule A.4.PROOF OF LOSS (I)The term 'Insured'also includes In the event the Company is unable to determine the amount of loss or (A)successors to the Tide of the Insured by operation of law as damage, the Company may,at its option,require as a condition of payment that distinguished from purchase, Including heirs, devisees, survivors,the Insured Claimant furnish a signed proof of loss. The proof of loss must describe personal representatives, or next of kin;the defect,lien,encumbrance,or other matter Insured against by this policy that •(B)successors to an Insured by dissolution,merger,consolidation,constitutes the basis of loss or damage and shall state, to the extent possible, the cHstributton, or reorganization;basis ofcalculating the amount of the loss or damage. (C)successors to an Insured by its conversion to another kind of Entity;S.DEFENSE AND PROSECUTION OF ACTIONS (13)a grantee of an Insured under a deed delivered without (a)Upon written request by the Insured, and subject to the options contained payment of actual valuable consideration mnveylng the Title in Section 7 of these Conditions, the Company, at Its own cost and without (1)if the stock, shares, memberships, or other equity interests unreasonable delay,shall provide for the defense of an Insured In of the grantee are whoffy-owned by the named Insured,litigation In which any third party asserts a claim covered by this policy (2)If the grantee wholly owns the named Insured,adverse to the Insured.This obligation is limited to only those stated (3)if the grantee is wholly-owned by an affiliated Entity of the causes of action alleging matters insured against by this policy.The named Insured,provided the affiliated Entity and the Company shall have the right to select counsel of Its choice (subject to the named Insured are both wholly-owned by the same person right of the Insured to object for reasonable cause)to represent the or Entity, or Insured as to those stated causes of action.It shall not be liable for and (4)h'the grantee is a trustee or beneficiary of a trust created will not pay the fees of any other counsel. The Company will not pay any by a written Instrument established by the Insured named fees, costs, or expenses incurred by the Insured In the defense of those In Schedule A for estate planning purposes.causes ofaction that allege matters not insured against by this poky. (b)The Company shall have the right, in addition to the options contained in First American The Insurance Company Form No. 1402.06 Policy Page 3 ALTA Owner's Policy (6-17-06)Policy Number: 5112454 Section 7 of these Conditions, at its own cost, to Institute and prosecute attorneys' fees, and expenses Incurred by the Insured Claimant that were any action or proceeding or to do any other ad that in Its opinion may be authorized by the Company up to the time of payment and that the necessary or desirable to establish the Title,as Insured, or to prevent or Company is obligated to pay. reduce loss or damage to the Insured.The Company may take any Upon the exercise by the Company of either of the options provided for In appropriate adion under the terms of this policy, whether or not It shall subsections (b)(I) or (ff), the Company's obligations to the Insured under this be liable to the Insured.The exercise of these rights shall not be an policy for the dalmed loss or damage, other than the payments required to be admission of liability or waiver of any provision of this policy.If the made, shat terminate, including any liability or obligation to defend, prosecute, Company exerdses Its rights under this subsection,it must do so or continue any litigation. dingendY. (c)Whenever the Company brings an action or asserts a defense as required 8.DETERMINATION AND EXTENT OF LIABILITY or permitted by this policy, the Company may pursue the litigation to a This policy is a contract of Indemnity against actual monetary loss or damage final determination by a court of competent jurisdiction, and it expressly sustained or Incurred by the Insured Claimant who has suffered loss or damage by reserves the right, in its sole discretion, to appeal any adverse judgment reason of matters insured against by this policy. or order.(a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of 6.DUTY Of /NSURED CLAIMANT TO COOPERATE (I)the Amount of Insurance; or (a)In all cases where this policy permits or requires the Company to 00 the difference between the value of the Title as insured and the value prosecute or provide for the defense of any action or proceeding and any of the Me subject to the risk insured against by this policy. appeals,the Insured shall secure to the Company the right to so (b)If the Company pursues Its rights under Section 5 of these Conditions and prosecute or provide defense in the action or proceeding,including the Is urksuccessful In establishing the Title, as Insured, right to use,at Its option,the name of the Insured for this purpose.0)the Amount of Insurance shall be increased by 10%, and Whenever requested by the Company,the Insured,at the Company's (II).the Insured Claimant shall have the right to have the loss or damage expense,shall give the Company all reasonable aid (1)In searing determined either as of the date the claim was made by the Insured evidence,obtaining witnesses,prosecuting or defending the action or Claimant or as of the date it is settled and paid. proceeding, or effecting settlement, and (II)In any other lawful ad that In (c)In addition to the extent of liability under (a) and (b), the Company will the opinion of the Company may be necessary or desirable to establish also pay those costs, attorneys' fees, and expenses incurred In accordance the Title or any other matter as Insured.If the Company is prejudiced by with Sections 5 and 7 of these Conditions. the failure of the Insured to furnish the required cooperation,the Company's obligations to the Insured wirier the policy shall terminate,9.LIMITATION OF LIABILITY including any ikibilty or obligation to defend, prosecute, or continue any (a)If the Company establishes the Title, or removes the alleged defect, lien, litigation,with regard to the matter or matters requiring such or encumbrance,or axes the lack of a right of access to or from the cooperation.Land,or cures the claim of Unmarketable Title,all as Insured,in a (b)The Company may reasonably require the Insured Claimant to submit to reasonably diligent manner by any method,Induding litigation and the esasminatbn under oath by any authorized representative of the Company completion of any appeals,it shall have fully performed its obligations end to produce for examination,Inspection,and copying,at such with respect to that matter and shall not be liable for any loss or damage reasonable times and places as may be designated by the authorized caused to the Insured. representative of the Company,all records,In whatever medium (b)In the event of any litigation, Including litigation by the Company or with maintained,Including books,ledgers,chedt,memoranda,the Company's consent,the Company shall have no liability for loss or correspondence,reports,e-mails,disks,tapes,and videos whether damage untl there has been a final determination by a court of bearing a date before or after Date of Policy,that reasonably pertain to competent jurisdiction, and disposition of all appeals, adverse to the Title, the loss or damage.Further,if requested by any authorized as Insured. representative of the Company,the Instred Claimant shall grant Its (c)The Company shall not be liable for loss or damage to the Insured for permission, In writing, for any authorized representative of the Company IlabtlRy voluntarily assumed by the Insured In settling any claim or suit to eemmine,inspect,and copy all of these records In the custody or wtthout the prior written consent of the Company. control of a third party that reasonably pertain to the loss or damage.Al information designated as confidential by the Insured Claimant provided 10.REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF to the Company pursuant to this Section shall not be disclosed to others LIABILITY unless, in the reasonable judgment of the Company, it is necessary In the Afl payments under this policy,except payments made for costs,attorneys' administration of the claim.Failure of the Insured Claimant to submit for fees,and expenses,shall reduce the Amount of Insurance by the amount of the examination under oath,produce any reasonably requested information,payment or grant permission to secure reasonably necessary information from third parties as required in this subsection,unless prohibited by law or 11.LIABILITY NONCUMULATIVE governmental regulation,shall terminate any liability of the Company The Amount of Insurance shall be reduced by any amount the Company pays under this policy as to that claim.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 7.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION by an Insured after Date of Policy and which is a charge or Den on the Me,and OF LIABILITY the amount so paid shall be deemed a payment to the Insured under this policy. In case of a claim under this policy,the Company shall have the following additional options:12.PAYMENT OP LOSS (a)To Pay or Tender Payment of the Amount of Insurance.When liability and the extent of loss or damage have been definitely fixed In To pay or tender payment of the Amount of Insurance under this policy accordance with these Conditions, the payment shall be made within 30 days. together with any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of 13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT payment or tender of payment and that the Company is obligated to pay.(a)Whenever the Company shall have settled and paid a daim under this Upon the exercise by the Company of this option,all liability and policy,it shall be subrogated and entitled to the rights of the Insured obligations of the Company to the Insured under this policy, other than to Claimant in the Title and all other rights and remedies In respect to the make the payment required In this subsection, shall terminate, Inducing claim that the Insured Claimant has against any person or property, to the any liability or obligatIon to defend, prosecute, or continue any litigation.extent of the amount of any loss,costs,attorneys'fees,and expenses (b)To Pay or Otherwise Settle With Parties Other Than the Insured or With paid by the Company.If requested by the Company, the Insured Claimant the Insured Claimant shall execute documents to evidence the transfer to the Company of these (1)To pay or otherwise settle with other parties for or in the name of an rights and remedies.The Insured Claimant shall permit the Company to Insured Claimant any dahn Insured against under this policy.In sue,compromise,or settle In the name of the Insured Claimant and to addition,the Company will pay any costs,attorneys'fees,and use the name of the Insured Claimant In any transaction or litigation expenses incurred by the Insured Claimant that were authorized by InvoMng these rights and remedies. the Company up to the time of payment and that the Company Is If a payment on account of a daim does not fully cover the loss of the obligated to pay; or Insured Claimant,the Company shall defer the exercise of its right to (I1)To pay or otherwise settle with the Insured Claimant the loss or recover until after the Insured Claimant shall have recovered its loss. damage provided for under this policy,together with any costs, Rrst American The Insurance Company .Form No. 1402.06 Poky Page 4 ALTA Owner's Policy (6-17-06)Policy Number: 5112454 (b)The Company's right of subrogation Includes the rights of the Insured to (d)Each endorsement to this policy Issued at any time is made a part of this Indemnities,guaranties,other polkies of Insurance,or bonds,policy and Is subject to all of its terms and provisions.Except as the notwithstanding any terms or conditions contained In those instruments endorsement expressly states, it does not (I) modify any of the terms and that address subrogation rights.provisions of the policy, (II) modify any prior endorsement, (III) extend the Date of Policy, or (N) increase the Amount of Insun3nce. 14 ARBITRATION Ether the Company or the Insured may demand that the Cairn or controversy 16.SEVERABILITY shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of In the event any provision of this policy,In whole or In part,is held Invalid or the American Land The Association (`Rules').Except as provided In the Rules,unenforceable under applicable law, the policy shall be deemed not to include that there shall be no joinder or consolidation with claims or controversies of other provision or such part held to be Invalid, but all other provisions shall remain in full persons. Arbitrable matters may include, but are not limited to, any controversy or force and effect. claim between the Company and the Insured arising out of or relating to this poky,any service in connection with Its Issuance or the breach of a policy 17.CHOICE OF LAW; FORUM provision, or to any other controversy or claim arising out of the transaction giving (a)Choice of Law: The Insured acknowledges the Company has underwritten rise to this policy.All arbitrable nutters when the Amount of Insurance Is the risks covered by this policy and determined the premium charged $2,000,000 or less shall be arbitrated at the option of either the Company or the therefore in reliance upon the law affecting interests In real property and Insured.All arbitrable matters when the Amount of Insurance is In excess of applicable to the interpretation,rights,remedies,or enforcement of $2,000,000 shall be arbitrated only when agreed to by both the Company and the policies of title Insurance of the jurisdiction where the Land is iocated. Insured.Arbitration pursuant to this policy and under the Rules shall be binding Therefore, the court or an arbitrator shall apply the law of the jurisdiction upon the parties. Judgment upon the award rendered by the Arbttrator(s) may be where the Land is located to determine the validity of claims against the entered In any court of competent jurisdiction.Title that are adverse to the Insured and to key'eL and enforce the terms of this policy. In neither case shall the court or arbitrator apply Its . 15.•LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT conflicts of law principles to determine the applicable law. (a)This policy together with all endorsements,if any, attached to It by the (b)Choice of Fonrn:Any litigation or other proceeding brought by the Company Is the entire policy and contract between the Insured and the Inured against the Company must be Ned only In a state or federal court Company.In Interpreting any provision of this policy, this policy shall be within the United States of America or its territories having appropriate construed as a whole.jurisdiction. (b)Any claim of loss or damage that arises out of the status of the The or by any action asserting such claim shall be restricted to this policy.18.NOTICES, WHERE SENT (c)Any amendment of or endorsement to this policy must be in writing and Any notice of claim and any other notice or statement in writing required to be authenticated by an authorized person,or expressiy incorporated by given to the Company under this policy must be given to the Company at 1 First Schedule A of this policy.American Way, Santa Ana, CA 92707, Attn: Claims Department POLICY OF TITLE INSURANCE • A M g -1? -;.- •---Se 1;, First American Title Insurance Company Form No. 1402.06 Polity Page 5 ALTA Comers Poky (6-17-06)Policy Number: 5112454 SCHEDULE A First AmerIcan Tide Insurance Company Name and Address of True Insurance Company: First American Title Insurance Company 1 First American Way Santa Ana, CA 92707 File No.:U-5112454 Policy No.:5112454 Address Reference: Vacant Land, Carlsbad, CA Amount of Insurance:$8,873,172.00 Premium: $6,208.00 Date of Policy:October 28, 2016 at 8:00 a.m. • 1.Name of Insured: RAF Group Lot 24, LLC, a California limited liability company 2.The estate or interest In the Land that Is Insured by this policy is: A Fee. 3.Title Is vested In: RAF Group Lot 24, LLC, a California limited liability company 4.The Land referred to in this policy is described as follows: Real property In the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 24 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, IN THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.16145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 13, 2016. APN:Portion of 209-120-18-00 Rrst American The Insurance Company •Form No. 1402.06 Policy Page 6 ALTA Owner's Policy (6-17-06)Policy Number 5112454 SCHEDULE B Rle No.: L3-5112454 Policy No.:5112454 EXCEPTIONS FROM COVERAGE This Policy does not Insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1.General and spedal taxes for the fiscal year 2016-2017, are unsegregated at this lime. 2.Intentionally Deleted 2a.Intentionally Deleted 3.Intentionally Deleted 4.Assessment liens, If applicable, collected with the general and special taxes, including but not limited to those disdosed by the reflection of the following on the tax roll: Community Facilities District Carlsbad CFD #3 IMP 2. 5.The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No.1, as disclosed by Notice of Spedal Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Offldal Records. Document(s) declaring modifications thereof recorded June 29, 2004 as Instrument No. 2004- 0606773 of Offldal Records. 6.The lien of supplemental taxes, If any, assessed pursuant to Chapter 3.5 commendng with Section 75 of the California Revenue and Taxation Code. 7.The terms and provisions contained in the document entitled "Payment of a Public Fadlities Fee" recorded December 3, 1981 as Instrument No. 81-380028 of Official Records. 8.The terms and provisions contained in the document entitled "Payment of a Public Fadlilies Fee" recorded December 11, 1985 as Instrument No. 85-466658 of Offldal Records. 9.Intentionally Deleted 10.The terms and provisions contained In the document entitled "Notice of Restriction on Real Property" recorded November 9, 2004 as Instrument No. 2004-1066056 of Official Records. 11.The terms and provisions contained in the document entitled "Notice and Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation Corridors Case No: CT 97-13" recorded November 9, 2004 as Instrument No. 2004-1066058 of Official Records. 12.The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded December 15, 2004 as Instrument No.2004-1180067 of Official Records. First American Title Insurance Company •Form No. 1402.06 Policy Page 7 ALTA Owner's Policy (6-17-06)Policy Number: 5112454 13.The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded December 15, 2004 as Instrument No. 2004-1180068 of Offidal Records. 14.The terms and provisions contained in the document entitled "Agreement Between Developer/Owner and the City of Carlsbad for the Payment of a Local Drainage Area Fee" recorded December 21, 2004 as Instrument No. 2004-1201221 of Official Records. 15.Abutter's rights of ingress and egress to or from Whiptall Loop and Gazelle Court, have been dedicated or relinquished on the filed Map. 16.The following matters shown or disclosed by the filed or recorded map referred to in the legal description: Various notes and recitals 17.Water rights, claims or title to water, whether or not shown by the public records. 18.Intentionally Deleted 19.Covenants, conditions, restrictions and easements in the document recorded February 05, 2007 as Instrument No. 2007-0081082 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability. handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code §12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C.§3604(c) or California Government Code §12955.Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. A declaration of annexation recorded October 25, 2016 as Instrument No. 2016-0576403 of Official Records, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code §12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C.§3604(c) or California Government Code §12955.Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 20.The following matters disclosed by an ALTA/NSPS survey made by Excel Engineering on October 26, 2016, designated Job No. 16-034: a. The fact that a concrete mow strip situated in the southeast corner of said land extends onto said land a maximum of 1.35 feet. 21.A deed of trust to secure an indebtedness In the original principal amount of $4,880,000.00 recorded October 28, 2016 as Document No. 2016-0583927 of Offidal Records. Dated:October 28, 2016 Trustor:RAF Group Lot 24, LLC,a California limited liability company Trustee:First American Title Insurance Co. Benefidary:City National Bank,a national banking association First American Title Insurance Company •Form No. 1402.06 Policy Page 8 ALTA Owner's Policy (6-17-06)Policy Number: 5112454 Ars*, %O.Rrst .Arnerican Title ZONING ENDORSEMENT Issued by FirstAmerkan Tide Insurance Company Attached to Policy-No.: 5112454 File No.:L3-5112454 . • 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 Zone; b.The following use or uses are not allowed under that classification: Industrial 2.There shall be no liability under this endorsement based on • a.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 2.a. does not modify or limit the coverage provided in Covered Risk 5. -b.The invalidity of the zoning ordinances and amendments until after a final decree of a court of competent jurisdiction adjudicatingthe invalidity, the effect of which Ls -to prohibit the use or uses. c.The refusal of any person to purchase, lease or lend money on the .The covered by this policy. This endorsement,is Issued as part of the policy. Except as it expressly states, ft does not (I) modify any of the terms arid provisions of the policy,(11)modify any prior endorsements,(111)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. Rrstiomesican Ties Inanance Company .. Oen*Eidipae Presided Mtefl lf2t.r4roititdG'A/• Relinson. Secieto • Form 50-10003 (7-1-14)Page 8 of 19:•ALTA 3-06 Zoning (6-17-06)•• CLTA 123.1-06 (3-9-07) • 'gist 'American Title Insurance Company :• •Form No. 1402.06 Potty Page 9 ALTA Owner's Policy (6-17-06)Policy Number: 5112454 ENDORSEMENT Attached to Policy No. 5112454 Issued by Mist Amerkan 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. American Land Title Association Endorsement 8.2-06 (C.ornmerdal Environmental Protection Lien) Adopted 10/16/08 Rrst American Me Insurance Company •Form No. 1402.06 Policy Page •10 ALTA Owner's Policy (6-17-06)Policy Number: 5112454 yt AK. ar,v .'401,tts'First American Tide COVENANTS, CONDITIONS AND RESTRICTIONS -UNIMPROVED LAND - OWNER'S POLICY ENDORSEMENT Issued by Fist American Tide Insurance Company Attached to Policy No.: 5112454 File No.:U-5112454 1.The insurance provided by thls 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, "C.ovenant" means a covenant, condition, limitation or restriction in a document or Instrument In effect at Date of Policy. 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; or b.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 referring 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, attorneys' fees, or expenses) resulting from: a.any Covenant contained In an instrument creating a leas; 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.b, 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. First American Tillie Insurance Compairzy i.- "AltA1/17(44, Den*Mum Resident .411 0.114-4741d-.0'.Z0/ Jelfroy Rahman SGOefttlY First American Ma Insurance Company Form No. 1402.06 Policy Page 11 ALTA Owner's Policy (6-17-06)Policy Number: 5112454 BY: Authorized Countersignature Form 50-10800 (7-1-14)Page 11 of 19 ALTA 9.1-06 Covenant, Conditions and Restrictions, Unimproved Land -Owner's Policy (Rev. 4-2-12) First Americzn Title Insurance Company •Form No. 1402.06 Policy Page 12 ALTA Owner's Polley (6-17-06)Policy Number: 5112454 primk, :4,01v First American Title PRIVATE RIGHTS -OWNER'S POLICY Issued by First American Title Insurance Company Attached to Policy No.: 5112454 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, induding hazardous or toxic matters, conditions, or substances; or d.any Private Right in an Instrument identified in Exception(s) None 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,(HI)extend the Date of Policy, or (tv) 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. IN WITNESS WHEREOF, the Company has caused this endorsement to be Issued and become valid when signed by an authorized officer or licensed agent of the Company. First American 770e liPSUSTWO2 COMpalny i"- .001tA:g7051Dennis Preskaert M47 Atinitif-g911/ JeOrey Rotitrom Senator/ Form 50-10892 (7-1-14)Page 12 of 19 ALTA 9.9-06 Private Rights -Owner's Policy (Rev. 4-2-13). First American The Insurance Company •Form No. 1402.06 Policy Page 13 ALTA Owner's Policy (6-17-06)Policy Number: 5112454 ENDORSEMENT Attached to Policy No: 5112454 Issued by First American 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 Whiptall Loop W and Gazelle Court (the "Street(s)"),Op the Street(s) is/are not physically open and publicly maintained, or (Ili) the Insured has no right to use existing curb cuts or entries along that/those portion(s) of the Street(s) 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 Ls subject to all of the terms and provisions of the policy and of any prior endorsements. American Land Title Association Endorsement 17-06 (Access and Entry) Adopted 6/17/06 First American Title Insurance Company Form No. 1402.06 Policy Page 14 ALTA Owner's Policy (6-17-06)'Policy Number: 5112454 .%Arts",0-* Fu.st American Title UTILITY ACCESS ENDORSEMENT Issued by •First Amerkan Title Insutance Company Attached to Policy No.: 5112454 Rie No.:U-5112454 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 Water service x Natural gas service x Telephone service x Electrical power service x Sanitary sewer x 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. First Anrerican Ti do Insurance Company ,D- 14...1/11/14 Dane*i Ga4wrePty P#411 kjP,libiliti19'11/ iersey FliabiresonSetiefaiy Form 50-10047 (7-1-14)Page 14 of 19 ALTA 17.2-06 May Access (10-16-06) • First American Title Insurance Company •Form No. 1402.06 Policy Page •15 ALTA Owner's Policy (6-17-06)Policy Number: 5112454 lieltellS4+ FriaAmerican Tide SAME AS SURVEY ENDORSEMENT Issued by First Amentan Title Insulance Company Attached to Policy No.: 5112454 File No.:LJ-5112454 • 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 Excel Engineering dated October 26, 2016, and designated Job No.16-034. This endorsement is issued as part of the policy. Except as ft expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (Ili) 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. First American Ties Insurance Company Dm*4r.Gilmore President P#47 14.41.1-zeutio-ov Jeffrey S.kikkeion Servetery By: Authorized Countersignature Form 50-10059 (7-1-14)Page 15 of 19 ALTA 25-06 Same as Survey (10-16-08) CLTA 116.1-06 (10-16-08) • First American Title Insurance Company •Form No. 1402.06 Policy Page 16 ALTA Owner's Policy (6-17-06)Policy Number 5112454 11 -1*,s 4 c4s •111101Aeli;•'‘ First American Title SUBDIVISION ENDORSEMENT Issued by • First American Title Inswance Company Attached to Policy No.: 5112454 •File No.:U-5112454 •• 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, (Ill) 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. ring MIMIC =Ma Insurance Company Donit Gimore 1/941 ,leeryS.sari Seciatary Form 50-10061 (7-1-14)Page 16 of 19 ALTA 26-06 Subdivision (10-16-08) • First American The Insurance Company Form No. 1402.06 Poky Page 17'ALTA Owner's Policy (6-17-06)Policy Number: 5112454 ENDORSEMENT Attached to Policy No. 5112454 Issued By Mist American Tide Insurance Company The Company Insures against loss or damage sustained by the Insured by reason of damage to existing Improvements, Induding lawns, shrubbery or trees, resulting from the exerdse or attempted 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, ft 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. •CLTA Form 103.5-06 (03-09-07) ALTA -Owner or Lender First American Title Insurance Company •Form No. 1402.06 Poky Page 18 ALTA Owners Poky (6-17-06)Poky Number: 5112454 • 40* first American Title DELETION OF ITEM FROM POLICY ENDORSEMENT Issued by First American Tide Insurance Company Attached to Policy No.:' 5112454 File No.:U-5112454 The policy Is amended by deleting paragraph 14 of 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 subjectto all of the terms and provisions of the policy and of any prior endorsements. Faraf American Title insurance Company Demob 4. Gem= Pwildent X1411 A-441112911/ Jaw)!S. RubinsonSwaim Form 50-10132 (7-1-14)Page 18 of 19 CLTA 110.1-06 Deletion of Item From Poky (3-9-07) Rrst American Me In raneeCompany RinnNo 1402 06 Policy Page 19 ALTA Owner's Policy (6-17-06) Policy Number 5112454 Hr^Amerkan Title PnvjcylafuiuiiUon Wa Ara Conmittad to Safaguwdkig Owtnmw Information In order to better serve your needs now and n the future we may ask you to provide us with certain kilUimaUon We understand that you may be concerned about what we wll do with such Information - pwdaiarty any personal or fkiaiKial KbiiiiaUon We agree that you have a nght to know how we wiB utSIze the pesonal Infbrmatlon you provide to us Therelbre, together with our subshJIenes we have adapted this Privacy Polcy to govern the use and handling of your personal IntbrmaUon Appltcability This Privacy Policy governs our use of the Information that you provide to us It does not govern the manrter In which we may ise Information we have obtained from any other source such as kiformatton obtained from a public record or Ihrm another person or entity Hist AmerKan has also adopted broader guldeliias that govern our use of personal Infarmatlon regai ifais of Its source Fkst American calls these gUdelkies Its Fek Information values Types of Information Dependng upon which of our services you are utiltzng, ttie types of nonpubOc personal Infarmatlon ttiat we may collect kidude • Information we recenn horn you on applications, forms and In ottiQ'communications to u^ wtiether In wnllng. In person, by telephone or any other means, • InftarmaUon about your transactions with us, our aftflated companies, or others, and • Infarmabon we receive thorn a consumer reporting agency Use o< Information We request InformaHon ftom you for our own legllkTBte businesj purposes and not tor the bereft of arty nonaftlteted party IherefotA we wCI not relosa your Infbmiatlon to nonafiaiated parties except (1) as necessary for us to provide the product or service you have requested of us, or (2) as permitted by tow We may, howevo', store such Information Indeflntely, mctudng the period after wtitch any customer relatlonstilp has ceased Such tnformatlon mw be used tor any krtemal puqxise, such as qrallty corrtrol efforts or customer analysis We may also provide al of die types of nonputrhc personal kftiiinatlon listed above to one or more of our aflstoted companies Such afHtoted companies Include ftnanaal service providers, such as title Insurers, property and casuaky usurer^ and trust and investment advisory companies, or companies Involved In real estate services, such as appraisal companies, home warranty companies and escrow companies Furthermore we may also provtda aQ ttia Infarmatlon we collect, as described above, to companies that perform marioeting services on our behalf, on behalf of our afttlated companies or to ottier ftiandal kHbtubons with whom we or otr aftllated companies have Joint marketing agreements Former Customers Even f you are no longer our customer, our Prrvacy Poky wll continue to apply to you ConftdanUaUy and Security We Wll use our best eflbrts to ensue that no unauttiortzad parties have access to any of your Information We restrict access to nonpubkc personal bifbrmatton atxiut you to those kuMduals andentitles who need to know that nformaUon to provida products or services to you We will use our best effbrts to train and oversee ou empkiyees and agents to ensure that your Information wiO be handtod responsibly and ki accordance wth this Privacy Poky and Hrst Amervanto Fair Information Values We curently maintain physical, eledTonlc, and procedural safegtards that comply with federal regriatlons to guard your nonpubllc personal krformatxxi Information Obtaltted Throiigh Our Wab Site Hist American Fkianclal Corporation Is sensitive to privacy Issues on the Irtemet We believe it Is knportant you kixiw how we treat the Information about you we receive on the Inbemet In general, you can visi Fkst American or Its affllates' Web sites on the World Wide Web vnthout tefflng us who you are or revealng any Infbmatlon about yourself Ou Web servers collect tha domain names, not the e-mail adftesses, of visltots This Infbrniatlon Is aggregated to measue ttie number of vblt^ average ttiie spent on tha stt^ pages viewed and stirlar hformadon Hrst American uses ttib Information to measure die use of ou site and to develop Ideas to Improve the content of our site There are hmes, however, when we may need iifuuiiatluii ftom you, such as you name and emaD address Wtien Infbrmatlon Is needed, we wiH use our best efforts to let you know at the tame of collection how we wfl use the personal kiformatlon Usially, the personal kifdrmatlon we collect Is used only by us to respond to you Inquhy, process an order or allow you to access spedflc acmunt/profk Wbrmabon If you choose to share any personal InformaUon with us, we wffl only use It In accordance with die pollaes oudned abm Busbiea Relafaonihipa First American Finanoal Corporation^ site and ks afflliBtes' sites may contaki bnks to ottier Web sites While we tiy to Ink only to sites that share our Ngh standards and respect for privacy, we are not responstile for die content or the pnvecy practices employed by odier sites CooUea Some of Hrst American's Web sitBS may make use of "cookie'technology to measue stte actnifty and to customize Infoimalion to your personal tastes A cookie Is an element of data that a Web srte can send to you browser, which may dien store the cookie on your hard drive HistAmcom uses stored cookies The goal of dils technology Is to better serve you when vtstkig ou ste, save you time when you are here and to provide you with a more meaningful and producdvB Web site experience Fair lufu luataon Values FaaiMn We consider consumer expectations about their pnvacy In bD ou busnesses We only offer products and servx£s that assure a favorable balance between consumer benefts and consunu prrvacy Public Record We beBeve that an open pubk record creates stgnlttant value for society, enhances consumer choice and crates consumer opportunky We actively support an open public record and emphasize its Importance and contribution to ou economy Use We beleve we should befiBve responsibly wlien we use Information about a consumer ki ou busmess We wll obey die laws governing tha coHecdon, use and dssemtnatlon of data Accuracy We will take reasonable st^ to help assue the accuracy of the data we colect, use and dtssemlnabe Where possfiile, we wlH take reasonable steps to correct kinmirate informationWhen, as with die public record, we cannot correct tnaccurate InforrriatDn, we wif take aQ leasonabte steps to assist consuners In identtfyiig the source of ttie erroneous data so that the consumer can secure the required correcbons EducBtian We endeavor to educate die users of ou products and services, ou empkiyees and odiers ki ou Industry about the Importance of consumer pnvacy We will Instruct ou empkiyees on ou fWr Inlbimation values and on die responatila collection and use of data We wll encourage ottiers In ou Indistiy to collect and use kiformatlon ki a responstila manner Security We wll maintain apptupitale Itodldes and systems to protect against unauthorized access to and corruption of die data we maintain Ftinn SO-PRIVACY (9/1/10) Page 1 of 1 Pnvacy Informabon (2001-2010 F^kst Amencan FInanaal CDrporatiDn) Rrst Amencan TWe Insurance Company