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SDP 2017-0004; THERMO-NEWTON PARKING; Site Development Plan (SDP)
{'city of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits [Z) Coastal Development Permit [Z) Minor D Conditional Use Permit D Minor D Extension D Day Care (Large) 0 Environmental Impact Assessment 0 Habitat Management Permit 0 HIiiside Development Permit 0Minor 0Minor 0 Nonconforming Construction Permit 0 Planned Development Permit O Minor 0 Residential D Non-Residential 0 Planning Commission Determination D Reasonable Accommodation [Z) Site Development Plan 0 Special Use Permit [Z)Minor D Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) 0 Variance OMinor (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) ~ ~()I, - WO%' Sfi) 2ol1~l, 0 General Plan Amendment D Local Coastal Program Amendment 0 Master Plan 0 Specific Plan 0 Zone Change □Amendment □Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative D Minor D Major Village Review Area Permits 0 Review Permit D Administrative O Minor O Major B NOTE: 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. ASSESSOR PARCEL NO(S).: 212-050-43-00 --------------------------------PROJECT NAME: Thermo -Newton Parking BRIEF DESCRIPTION OF PROJECT: Parking requirement ratio modifications request for warehouse to office conversion & existing parking demand. PROJECT VALUE (SITE IMPROVEMENTS) 1.2M LOCATION OF PROJECT: 5823 Newton Drive ON THE: north/east (NORTH, SOUTH, EAST, WEST) BElWEEN (NAME OF STREET) P-1 ESTIMATED COMPLETION DATE August 2017 SIDE OF AND Page 1 of6 STREET ADDRESS cul-de-sac (NAME OF STREET) (NAME OF STREET) fY~o\1"~~ D Revised 09/16 C OWNER NAME (Print): Thermo Fisher Scientific APPLICANT NAME (Print): Same as Owner ~ Va.o All~v1\i.ky MAILING ADDRESS: H 11 111 , 5781 MAILING ADDRESS: CITY, STATE, ZIP: Carlsbad, CA 92008 CITY, STATE, ZIP: TELEPHONE: 760-603-7279 TELEPHONE: EMAIL ADDRESS: larry.nicholson@thermofisher.com EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY ANO THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR (~HI~~ \/?ol I"+- SIGNAT\'RE ..,. ) DATE SIGNATURE DATE I APPLICANT'S REPRESENTATIVE (Print): McFarlane Architects -Aimee Kelly MAILING ADDRESS: 6333 Greenwich Drive, Suite 150 CITY, STATE, ZIP: San Diego, CA 92121 TELEPHONE: 858-453-1150 EMAIL ADDRESS: ask@mcfarlanearchitects.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE ANO CORRECT TO THE BEST OF MY KNOWLEDGE. a._:_.t'.,<.)" 01/30/17 SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PRO ERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH E D AND BIND ANY sue so I INTEREST. FOR CITY USE ONL V P-1 Page 2 of6 RECEIVE.0 JANS O 20\7 Of-GAKLSBAD i.T. K)t4>N RECEIVED RECEIVED BY: Revised 09116 - LIFE TECHNOLOGIES CORPORATION ASSIST ANT SECRET ARY CERTIFICATE I, Genoffir M. MacLeod, duly elected, acting and qualified Assistant Secretary of Life Technologies Corporation, a corporation duly organized and existing under the laws of Delaware (the "Company"), do hereby certify that the following people are authorized to sign documents, including grading permits and other permits tied to building and construction and maintenance, as required by the City of Carlsbad: • Mark O'Donnell -Group Vice President • Merete Miles -Director, Facilities, EHS • Cristina Amorim -Vice President, Facilities, EHS & Sustainability • Bryan Airey -Vice President, Manufacturing Operations • Stephanie Nilsen -Senior Director, Operations • Mark Stevenson -Executive Vice President and Chief Operating Officer • Peter Silvester -Senior Vice President and President, Life Sciences Solutions Group IN WITNESS WHEREOF, I have hereunto set my hand this /0.,.._,day of October 2017. q~~ GenoffirM.MacLeod Assistant Secretary, Life Technologies Corporation NOTARIZATION A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Diego ) On October _J_Q_, 2017 before me, Lisa Puzack. Notary Public, personally appeared Genoffir M. MacLeod who proved to the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (seal) I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _, ~, ________ _, ----------·---------- (-City of Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME ~ -N~ovi 'Pov\:,\_~ APPLICANT NAME: ~ B.~ Sct"1J1 l fl (, ? Please describe ~ully 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 ba_ckground information and supporting statements regarding the reasons for or appropriateness of, the application. Use an addendum sheet if necessary. ' Description/Explanation: P-1 (B) f~..,~ ~ ?~~eo to ~\L +=a0 I\-l'-<..GO\fI C"1-1o;v "t't) --r~ v\'rl.j 01=-c~eAO ~kµ~ t'~ltJD '(~1(0S 'fZt)yt.... ~ 'PCU.OJJ(~ -~~'S'E° ~~µL ~f<f1u e l Sf lter= ~\l-~D-0 £~ Rb'L ~ ~ c.... () Y'f1,cB-~ ~ ~ L <;f>~E fv"'-- LD DO sr ~ ~ u> ~~e-pa.,c., • -. \~-\V yU;-Lt)~u ~ €-1:D Dffl. l.G-U>i-J~l O ~ ~L~'t~ k-r -Ctro ?lPf ~~,/Q.__; 6~ 1 ~~ -cwo ~~t"lt)J@ \ Sf~ ft)t--4-i,,c,_ Sf --~ -ey_\S-CfµL,, p-G--, \'~l~u-~~0 l)~ t;>lo<"-6 7~k(..e5, @_ +-h-e: gs-th ~C~""tl LE pe--Y2-- --r tte Vfrll-\'..-1 tJC:,. s -r VP'j p--1:7C OH.IIA~ti 1\-r I ()I\.J -p"E; 1 ~ 0 ·o\ -i_ \ tl ~ t>'F-tt, 5 S-r"" Ll..S foyt_ 7 ttE "y\J--CV~ {{))'J \) ~\a() 0 P (o 'f I lb 1 B SY u, ~etto.Y~€ To t>ffi ce e_ 4.'LCf. 5Ff S 7 kL<-. · Page 1 of 1 Revised 07/10 ( City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Ii] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Thermo Fisher Scientific ~~Js:-. Van Allen Way Carlsbad, CA 92008 Phone Number: 760-603-7279 Address of Site: 5823 Newton Drive PROPERTY OWNER Name: Thermo Fisher Scientific ~J~s~: Sllf Van Allen Way Carlsbad, CA 92008 Phone Number: 760-603-7279 Local Agency (City and County): Carlsbad and San Diego Assessor's book, page, and parcel number:_2_1_2_-_0_5_0_-4_3_-_0_0 ____________ _ Specify list(s): ___________________________ _ Regulatory Identification Number: _____________________ _ Date of List: ____________________________ _ 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 or 2 Revised 02/13 Per the California Environmental Protection Agency's website, 'While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the lntemet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/CorteseList/default.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://qeotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ea.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www .epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1(C) Page 2 of 2 Revised 02/13 a ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) 2 7 1 Date Filed: o1-3o-17 (To be completed by City) LAND 0[\, [I_OPMENT ENGIN=-._~ING Application Number(s): _________________________ _ General Information 1. 2. 3. Name of project: Thermo -Newton Parking 5 ea 2:?::, Ne-...vt-o n Pn-v e. Name of developer or project sponsor: Thermo Fisher Scientific 5 7 8 l = I V All W Address: ill an en ay City, State, Zip Code: Carlsbad, CA, 92008 Phone Number: 760-603-7279 Name of person to be contacted concerning this project: Larry Nicholson 518l Van Allen Way Address: ___________________________ _ City, State, Zip Code: Carlsbad, CA, 92008 Phone Number: 760-603-7279 4. Address of Project: _5_8_2_3_N_e_wt_o_n_D_ri_v_e _______________ _ Assessor's Parcel Number: 212-0S0-43-00 ---------------------- 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: grading, landscape & building permits 6. Existing General Plan Land Use Designation: Pl -Planned Industrial 7. Existing zoning district: _P_-_M_, _P_la_n_n_e_d_l_n_d_u_s_tr_ia_l ____________ _ 8. Existing land use(s): _o_ffi_ic_e _____________________ _ 9. Proposed use of site (Project for which this form is flied): ____________ _ office Project Description 10. Site size: _1_6_·_1_1_a_c _______________________ _ 11. Proposed Building square footage: _n_a __________________ _ 12: Number of floors of construction: _n_a __________________ _ 13. Amount of off-street parking provided: _4_4_0 ________________ _ 14. Associated projects: _n_a ______________________ _ P-1(0) Page 2 or 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: na 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _____________________ _ na 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ na 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: na 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: na P-1(0) Page 3 of 4 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 □ 0 alteration of ground contours. 21 . Change in scenic views or vistas from existing residential areas or public lands or □ 0 roads. 22. Change in pattern, scale or character of general area of project. □ 0 23. Significant amounts of solid waste or litter. □ 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. i 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or 0 alteration of existing drainage patterns. 26. Substantial change In existing noise or vibration levels in the vicinity. □ 0 27. Site on filled land or on slope of 10 percent or more. □ 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0 31 . Relationship to a larger project or series of projects. □ 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as lt 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. see drawings 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. see drawings 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 inf or ma lion presented are true and correct to the best of my knolMedge and belief. t;J Date I /?»y I] Signature~~, • • For: ~ .b C; (_ P-1(0) Page 4 of 4 Revised 07/10 ( City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: Thermo Fisher Parking Improvements PROJECT ID: CDP2017-0008 ADDRESS: 5823 Newton Drive APN: 212-050-43-00 The project is (check one): D New Development Ill Redevelopment The total proposed disturbed area is: 37.430 ft2 ( 0.86 ) acres The total proposed newly created and/or replaced impervious area is: 4,060 * ft2 (0.09 ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. * Impervious area includes new walkway, stairs, etc. E-34 Page 1 of 4 REV 02/16 0 0 STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ Iii or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If vou answered "no" to the above question, the proiect is a 'development project', ao to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; □ ~ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ Iii accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ Iii If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP .. .-and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If vou answered "no" to the above questions, your proiect is not exempt from PDP, go to Step 3. E-34 Page 2 of4 REV 02/16 STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS --- To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ ~ and public develooment orojects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ ~ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development oroiects on oublic or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ @ refreshment stands selling 'prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ ~ development project includes development on any natural slooe that is twenty-five percent or areater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ @ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street, road, highway □ Ill freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the transoortation of automobiles, trucks, motorcvcles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? uDischarging Directly to" includes flow that is conveyed overland a distance of □ ~ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the oroiect to the ESA (i.e. not comminaled with flows from adiacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ ~ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ Ill RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction? □ ~ 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ ~ 21.203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statino "My oroiect is a 'STANDARD PROJECT' ... " and complete aoolicant information. E-34 Page 3 of 4 REV 02/16 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. check the first box stating "My project is a PDP ... " and complete aoolicant information. Go to step 5, check the STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. ~ My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36'' and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'ST AND ARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Richard S Tomlinson, Jr Applicant Title: Project Manager II Applicant Signature: ~J~7 Date: 3/24/2017 1--- .. • Environmentally Sensitive Areas include but are not hm1ted to all Clean Water Act Section 303(d) Impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for City Use Onlv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of4 · REV 02/16 .. {cicyof Carlsbad Project Name: Thermo Fisher Parking Project ID: 16-102·58 DWG No. or Building Permit No.: 445 STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project lnfonnatlon Source Control BMPs Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be provided. Source Control Requirement Applled? SC-1 Prevention of Illicit Discharges into the MS4 l!!IIYes □ No □ N/A Discussion/justification if SC-1 not implemented: New irrigation will have breakage shut off valves and rain sensors. SC-2 Storm Drain Stenciling or Signage ■Yes □ No ■NIA Discussion{justification if SC-2 not implemented: The existing inlets have been stenciled. No new inlets are proposed. SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind □Yes □ No 111 N/A Dispersal Discussion{justification if SC-3 not implemented: No new outdoor materials storage areas are proposed. E-36 Page 1 of 4 Revised 09/16 r'\ ' • Source Con,rol Raaulrement lcontlnued) ADDlled? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and □Yes D No lil N/A Wind Dispersal Discussion/justification if SC-4 not implemented: No new outdoor materials storage areas are proposed. SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal Ill Yes □ No 0 N/A Discussion/justification if SC-5 not implemented: No new trash storage areas are proposed. SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Appendix E.1 of BMP Manual for auidance). D On-site storm drain inlets □Yes 0 No Ill N/A □ Interior floor drains and elevator shaft sump pumps □Yes D No Ill N/A D Interior parking garages □Yes 0 No Ill N/A D Need for future indoor & structural pest control □Yes D No Ill N/A Iii Landscape/Outdoor Pesticide Use Ill Yes D No D N/A □ Pools, spas, ponds, decorative fountains, and other water features □Yes D No Ill N/A D Food service □Yes D No Ill N/A D Refuse areas □Yes D No Ill N/A D Industrial processes □Yes □No Ill N/A D Outdoor storage of equipment or materials D Yes D No Ill N/A □ Vehicle and Equipment Cleaning □Yes 0 No Iii N/A D Vehicle/Equipment Repair and Maintenance □Yes D No Ill N/A D Fuel Dispensing Areas □Yes 0 No Ill N/A □ Loading Docks □Yes □ No 111 N/A □ Fire Sprinkler Test Water □ Yes D No Ill N/A D Miscellaneous Drain or Wash Water □Yes 0 No lil N/A Iii Plazas, sidewalks, and parking lots lilYes D No D N/A For "Yes" answers, identify the additional BMP per Appendix E.1 . Provide justification for "No" answers. New landscaping will native and/or drought tolerant. Plants will be maintained with little or no pesticides or fertilizers. Plazas, sidewalks, and parking lots shall be swept regularly to prevent the accumulation of litter and debris. E-36 Page 2 of 4 Revised 09/16 .. . F"'\ ·,.;; Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion / justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Sita Design Requirement l Applied? SD-1 Maintain Natural Drainaae Pathways and Hvdroloaic Features I D Yes I D No I Ill N/A Discussion/justification if SD-1 not implemented: No natural drainage pathways and hydrologic features to be maintained. SD-2 Conserve Natural Areas, Soils, and Vegetation I D Yes I □ No I Ill N/A Discussion/justification if SD-2 not implemented: There are no existing natural areas on site to preserve. The entire site was previously graded. SD-3 Minimize Impervious Area I III Yes I O No ID NIA Discussion/justification if SD-3 not implemented: All new pavement to be pervious. SD-4 Minimize Soil Comoaction I 111 Yes l □ No I D N/A Discussion/justification if SD-4 not implemented: In landscape areas only, compaction will not exceed 85% relative compaction. SD-5 Impervious Area Dispersion I □Yes l 0 No 1111 N/A Discussion/justification if SD-5 not implemented: Existing parking lot does not afford oppurtunity to drain to landscaping. E-36 Page 3 of 4 Revised 09/16 . ... Site Desla~, Reaulrement (continued) ,..,I I ADDlled? SD-6 Runoff Collection I Iii Yes I □ No I □ N/A Discussion/justification if SD-6 not implemented: Permeable pavement is proposed. SD-7 Landscaping with Native or Drought Tolerant Species I Ill Yes I □ No I □ N/A Discussion/justification if SD-7 not implemented: Plazas, sidewalks, and parking lots shall be swept regularly to prevent the accumulation of litter and debris. SD-8 Harvesting and Using Precipitation I □ Yes I Iii No I □ N/A Discussion/justification if SD-8 not implemented: The project does not have a reliably present demand for harvested storm water during the wet season. The site is not occupied on the weekend, so there is no weekend demand within the building, and the demand for irrigation is not reliable during the rainy season. E-36 Page 4 of 4 Revised 09/16 ., -@Chicago Title~ompany 725 South Figueroa Street, Suite 200, Los Angeles, CA 90017 Phone: (213) 488-4300 • Fax: (213) 488-4377 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00066166-994-LT2-JC Thermo Fisher Scientific, Inc. 180 Oyster Point Blvd. South San Francisco, CA 94080 ATTN: Ann H. Nelson-Boram Email: maryann.nelson@thermofisher.com Ref: Escrow/Customer Phone: (213) 488-4300 Title Officer: Jordan Curiel (LA/Comm) Title Officer Phone: (213) 488-4371 Title Officer Fax: (213) 612-4171 Title Officer Email: UnitX23@ctt.com PROPERTY: 5823 NEWTON DRIVE, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof. a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. 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. Chicago Title Company q, By: __ __,_ ____ _ Authorized Signature • By Randy Ou,rl< P, .. tdent Altest M,chatl Gr111ellt Socr.iary CLTA Preliminary Report Form-Modified (11/17/06) Page 1 ~ Chicago Title c9mpany 725 South Figueroa Street, Suite 200, Los Angeles, CA 90017 Phone: (213) 488-4300 • Fax: (213) 488-4377 PRELIMINARY REPORT EFFECTIVE DATE: December 20, 2016 at 7:30 a.m. ORDER NO.: 00066166-994-LT2-JC The form of policy or policies of title insurance contemplated by this report is: 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: Fee and Easement Estate 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Life Technologies Corporation, a Delaware corporation 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CL TA Preliminary Report Form -Modified (11/17 /06) Page2 PRELIMINARY REPORT YOUR REFERENCE: C EXIIlBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00066166-994-LT2-JC THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF LOT "F" OF RANCHO AQUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 23 OF LOT "F" AS SHOWN ON SAID MAP NO. 823; THENCE SOUTH 54 DEGREES 10'08" EAST ALONG THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 807.00 FEET TO THE MOST EASTERLY CORNER OF THE LANDS CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 662. PAGE 75 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE CONTINUING SOUTH 54 DEGREES 10' 08" EAST ALONG THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 540.00 FEET; THENCE SOUTH 35 DEGREES 49' 52" WEST AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 1166.23 FEET TO THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 35 DEGREES 49' 52" WEST A DISTANCE OF 1091.51 FEET TO THE BOUNDARY OF THE LAND DESCRIBED UNDER PARCEL 1 IN FINAL JUDGMENT IN PARTITION RECORDED MARCH 24, 1965 AS FILE NO. 52516 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 52 DEGREES 32' 21" WEST ALONG SAID BOUNDARY A DISTANCE OF 478.72 FEET; THENCE LEAVING SAID BOUNDARY AT RIGHT ANGLES NORTH 37 DEGREES 27' 39" EAST A DISTANCE OF 740.00 FEET; THENCE AT RIGHT ANGLES NORTH 52 DEGREES 32'21" WEST A DISTANCE OF 294.32 FEET; THENCE AT RIGHT ANGLES SOUTH 37 DEGREES 27' 39" WEST A DISTANCE OF 321.90 FEET; THENCE AT RIGHT ANGLES NORTH 52 DEGREES 32' 21" WEST A DISTANCE OF 597.36 FEET TO AN INTERSECTION WITH SAID BOUNDARY OF SAID PARCEL 1 DESCRIBED IN INSTRUMENT NO. 52516 OF OFFICIAL RECORDS, WHICH IS A POINT ON A NON-TANGENT CIRCULAR CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 600.00 FEET, A RADIAL LINE BEARS NORTH 67 DEGREES 36' 49" WEST TO SAID POINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID BOUNDARY A DISTANCE OF 209.70 FEET THROUGH A CENTRAL ANGLE OF 20 DEGREES 01' 31"; THENCE NORTH 42 DEGREES 24' 42" EAST A DISTANCE OF 429.16 FEET; THENCE SOUTH 54 DEGREES 10' 08" EAST 1321.26 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 83-25, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11278, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 9, 1985. PARCEL lA: AN EASEMENT AND RIGHT OF WAY, TOGETHER WITH THE RIGHT TO CONVEY SAME TO OTHERS FOR INGRESS AND EGRESS FOR ROAD PURPOSES OVER, ALONG AND ACROSS A STRIP OF LAND 40.00 FEET IN WIDTH LYING WITHIN LOT "F" OF RANCHO AGUA HEDIONDA, IN THE 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, THE CENTER LINE OF SAID 40.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP; THENCE 25 DEGREES 01'05" EAST (RECORD SOUTH 24 DEGREES 45' 00" EAST) A DISTANCE OF 229.00 FEET TO A POINT, WHICH POINT IS DESIGNATED ON SAID MAP AS POINT 23 OF LOT "F", THIS POINT BEING THE TRUE POINT OF BEGINNING, AND WHICH POINT IS THE MOST NORTHERLY CORNER OF LANDS CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 662. PAGE 75 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THE SAID CARPENTER LAND BEING CL TA Preliminary Report Form -Modified (11/17 /06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: C EXHIBIT A (Continued) Chicago Title Company ORDER NO.: 00066166-994-LT2-JC NOW KNOWN AS ROBERT E. HICK'S PROPERTY; THENCE ALONG THE WESTERLY AND NORTHWESTERLY BOUNDARY OF SAID CARPENTER (HICKS) LAND AS FOLLOWS: SOUTH 11 DEGREES 51' 12" WEST, 315.60 FEET TO AN ANGLE POINT; AND SOUTH 42 DEGREES 55' 37" WEST, 374.50 FEET TO THE MOST WESTERLY CORNER OF SAID LAND; THENCE SOUTH 54 DEGREES 10' 08" EAST A DISTANCE OF 2.14 FEET ALONG THE SOUTHERN BOUNDARY OF THE HICK'S PROPERTY TO THE CENTER LINE OF THE WATER LINE EASEMENT PREVIOUSLY GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT AND KNOWN AS LINE "D" OF THE C.M.W.D.; THENCE SOUTH 42 DEGREES 38' 52" WEST (ON AND ALONG THE NORTHEASTERLY BOUNDARY OF THE ALLEN PARCEL NO. 1) DESCRIBED IN "EXHIBIT A" OF SAID DOCUMENT NO. 236220 OF OFFICIAL RECORDS (AND ON AND ALONG THE CENTER LINE OF SAID LINE "D" OF THE C.M.W.D.) A DISTANCE OF 938.72 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCA VE SOUTHEASTERLY, AND HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHWESTERLY ALONG THE CURVE OF SAID ARC, 269.80 FEET TO A POINT; THENCE SOUTH 16 DEGREES 38' 52" WEST 386.15 FEET TO THE SOUTHWESTERLY CORNER OF SAID DYE PROPERTY DESCRIBED IN AFOREMENTIONED DOCUMENT NO. 236219 OF OFFICIAL RECORDS; THENCE SOUTH 52 DEGREES 32' 21" EAST (ON AND ALONG THE SOUTHWESTERLY BOUNDARY OF THE SAID DYE PROPERTY AND CONTINUING ON THE SAME SEARING ALONG THE SOUTHWESTERLY BOUNDARY OF THE ALLEN PORTION 2 DESCRIBED IN EXHIBIT "A" OF AFOREMENTIONED DOCUMENT NO. 236200) A TOTAL DISTANCE OF THIS BEARING OF 1214.69 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID ALLEN PORTION 2, WHICH IS THE MOST SOUTHERLY TERMINUS OF THIS EASEMENT. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL 1. EXCEPTING THAT PORTION LYING NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF ROAD SURVEY NO. 1800-1 AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED OCTOBER 29, 1969 AS FILE NO. 198734 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL 18: AN EASEMENT FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS OVER A PORTION OF LOT 93, MAP NO. 12815, AS MORE SPECIFICALLY SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED "TEMPORARY GRADING CONSTRUCTION AND ACCESS EASEMENT" RECORDED JUNE 10, 1998 AS FILE NO. 1998-0352324 OF OFFICIAL RECORDS. PARCEL 2: ALL THAT PORTION OF LOT "F" OF RANCHO AQUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 23 OF SAID LOT "F" AS SHOWN ON SAID MAP NO. 823; THENCE SOUTH 54 DEGREES 10' 08" EAST (RECORD SOUTH 53 DEGREES 52' 00" EAST) ALONG THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 807.00 FEET TO THE MOST EASTERLY CORNER OF THE LAND CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY AND THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 54 DEGREES 10' 08" EAST ALONG THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 540.00 FEET; THENCE SOUTH 35 DEGREES 49' 52" WEST AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 1166.23; THENCE NORTH 54 DEGREES 10' 08" WEST, A DISTANCE OF 1321.26 FEET TO THE BOUNDARY OF THE LAND DESCRIBED UNDER PARCEL 1 IN FINAL JUDGMENT IN PARTITION RECORDED MARCH 24, 1965 AS FILE NO. 52516 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 42 DEGREES 24' 42" EAST ALONG SAID BOUNDARY A DISTANCE OF 509.59 FEET TO THE SOUTHWESTERLY LINE OF SAID CARPENTER LANDS; THENCE SOUTH 54 DEGREES 1 O' 08" EAST ALONG THE SOUTHWESTERLY LINE OF SAID CARPENTER LAND, A DISTANCE OF CLTA Preliminary Report Form -Modified (11/17 /06) Page4 PRELIMINARY REPORT YOUR REFERENCE: C EXHIBIT A (Continued) Chicago Title Company ORDERNO.: 00066166-994-LTI-JC 722.86 FEET, MORE OR LESS TO THE SOUTHEASTERLY LINE OF SAID CARPENTER LAND; THENCE NORTH 35 DEGREES 49' 52" EAST ALONG THE SOUTHEASTERLY LINE OF SAID CARPENTER LAND; A DISTANCE OF 660.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 83-25, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11278, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 9, 1985. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE ENVIRONMENTAL TRUST BY GRANT DEED RECORDED JUNE 10, 1998 AS FILE NO. 1998-0352323 OF OFFICIAL RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE DESIGNATED AS SOUTH 89 DEGREES 50' 06" EAST 1094.39 FEET ON THE SOUTHERLY LINE OF CARLSBAD TRACT NO. 83-25 ACCORDING TO MAP THEREOF NO. 11278, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE CONTINUING ALONG A PORTION OF SAID SOUTHERLY LINE NORTH 71 DEGREES 02' 42" EAST 128.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 71 DEGREES 02' 42" EAST 452.78 FEET TO A POINT ON THE NORTHWESTERLY LINE OF RECORD OF SURVEY MAP NO. 8467, FILED IN SAID COUNTY AND STATE; THENCE ALONG SAID LINE SOUTH 35 DEGREES 50' 50" WEST 370.00 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 54 DEGREES 09' 10" WEST 260.98 FEET TO THE TRUE POINT OF BEGINNING. APN: 212-050-43 CLTA Preliminary Report Form-Modified (11/17/06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: C Chicago Title Company ORDER NO.: 00066166-994-LT2-JC EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2017-2018. B. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 212-050-43-00 2016-2017 $155,317.43, paid. $155,317.43, Unpaid (Delinquent after April 10) $15,541.74 -None- 09107 C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. D. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows: CFDNo: 1 Recording Date: May 20, 1991 Recording No.: 1991-0236959, of Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of CARLSBAD, County of San Diego. The tax may not be prepaid. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Recording Date: Recording No: Affects: ingress and egress for road December 31, 1969 236220, of Official Records A portion of said land as more particularly described in said document And as granted and reserved in various deeds of record 3. Matters contained in that certain document Entitled: Recording Date: Recording No: Covenant and Agreement December 15, 1982 82-383348, of Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form -Modified (11/17/06) Page6 PRELIMINARY REPORT YOUR REFERENCE: C Chicago Title Company ORDER NO.: 00066166-994-LT2-JC EXCEPTIONS (Continued) 4. Matters contained in that certain document Entitled: Recording Date: Recording No: Easement Agreement November 3, 1987 87-617784, of Official Records Reference is hereby made to said document for full particulars. 5. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Memorandum of Lease Industrial Webb International Limited Partnership Graham Webb International Limited Partnership, a Minnesota limited partnership May 22, 1998 1998-0305171, of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Unrecorded amended and restated lease dated July 23, 1999, entered into by and between Industrial Developments International, Inc. and Graham Webb International, a limited partnership; such lease does not contain an option to purchase 6. Matters contained in that certain document Entitled: Recording Date: Recording No: Declaration of Restriction Against Development June 10, 1998 1998-0352321, of Official Records Reference is hereby made to said document for full particulars. 7. Matters contained in that certain document Entitled: Recording Date: Recording No: Temporary Grading, Construction and Access Easement June 10, 1998 I 998-0352324, of Official Records Reference is hereby made to said document for full particulars. 8. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Recording Date: Recording No: Affects: public utilities July 29, 1998 1998-0472961 of Official Records A portion of said land as more particularly described in said document CL TA Preliminary Report Form -Modified (11/17 /06) Page7 PRELIMINARY REPORT YOUR REFERENCE: C Chicago Title Company ORDER NO.: 00066166-994-LT2-JC EXCEPTIONS (Continued) 9. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure November 12, 1998 1998-0734564, of Official Records Reference is hereby made to said document for full particulars. 10. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure November 12, 1998 1998-0734565, of Official Records Reference is hereby made to said document for full particulars. 11. Matters contained in that certain document Entitled: Recording Date: Recording No: Covenant and Agreement December 28, 1998 1998-0849850, of Official Records Reference is hereby made to said document for full particulars. 12. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Recording Date: Recording No: Affects: water line April 15. 1999 1999-025 2311 of Official Records A portion of said land as more particularly described in said document 13. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Recording Date: Recording No: Affects: public street and public utility July 2, 1999 1999-0463259 of Official Records A portion of said land as more particularly described in said document 14. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Recording Date: Recording No: $21,600,000.00 June 29, 2000 CabotlndustrialProperties,L.P. First American Title Insurance Company, a California corporation Teachers Insurance and Annuity Association of America, a New York corporation July 5, 2000 2000-0352900 of Official Records. CLTA Preliminary Report Form-Modified (11/17/06) Page 8 PRELIMINARY REPORT YOUR REFERENCE: C Chicago Title Company ORDER NO.: 00066166-994-LT2-JC EXCEPTIONS (Continued) 15. This Company will require that the original note, the original deed of trust and a properly executed request for full reconveyance together with appropriate documentation (i.e., copy of trust, partnership agreement or corporate resolution) be in this office prior to the close of this transaction if the above-mentioned item is to be paid through this transaction or deleted from a policy of title insurance. Any demands submitted to us for payoff must be signed by all beneficiaries as shown on said deed of trust, and/or any assignments thereto. In the event said demand is submitted by an agent of the beneficiary(s), we will require the written approval of the demand by the beneficiary(s). Servicing agreements do not constitute approval for the purposes of this requirement. If no amounts remain due under the obligation a zero balance demand will be required along with the reconveyance documents. In addition, we require the written approval of said demand by the trustor(s) on said deed of trust or the current owners if applicable. 16. An assignment of all the moneys due, or to become due as rental, as additional security for the obligations secured by deed of trust shown as item no. 14 Assigned to: Recording Date: Recording No: Teachers Insurance and Annuity Association of America, a New York corporation July 5, 2000 2000-0352901 of Official Records. 17. A fmancing statement as follows: Debtor: Secured Party: Recording Date: Recording No: Cabot Industrial Properties, L.P. Teachers Insurance and Annuity Association of America July 5, 2000 2000-0352902 of Official Records. 18. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property November 15, 2000 2000-0621491, of Official Records Reference is hereby made to said document for full particulars. 19. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Notice of Non-Responsibility RPH Industrial, LLC, a California limited liability company Pro Performance Sports, LLC, a California limited liability company August 20, 2009 2009-0468292, of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 20. Any other claims for mechanics' or materialman's liens that may be recorded, by reason of a recent work of improvement that is disclosed by the lien shown in the last above numbered item. CL TA Preliminary Report Form -Modified (11/17 /06) Page9 PRELIMINARY REPORT YOUR REFERENCE: C EXCEPTIONS (Continued) 21. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property February 18, 2014-64541 of Official Records 2000-0621491, of Official Records Reference is hereby made to said document for full particulars. Chicago Title Company ORDER NO.: 00066166-994-LT2-JC 22. Matters which may be disclosed by an inspection and/or by a correct ALT A/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 23. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE TIDS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form-Modified (11/17/06) Page IO . PRELIMINARY REPORT YOUR REFERENCE: C REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00066166-994-LT2-JC 1. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. 2. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: Life Technologies Corporation, a Delaware corporation a) A Copy of the corporation By-laws and Articles oflncorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein c) If the Articles and/or By-laws require approval by a 'parent' organization, a copy of the Articles and By- laws of the parent The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS CLTA Preliminary Report Form-Modified (11/17/06) Page 11 PRELIMINARY REPORT YOUR REFERENCE: C INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00066166-994-LT2-JC 1. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. 2. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 3. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 5823 Newton Drive, located within the city of Carlsbad, California,, to an Extended Coverage Loan Policy. 4. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. END OF INFORMATIONAL NOTES Jordan Curiel (LNComm)/blc CL TA Preliminary Report Form -Modified ( 1 1/1 7 /06) Page 12 C 0 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF", "our" or ''we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information. A summary of our privacy practices is below. We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected. You may provide us with certain personal information, like your contact information, social security number (SSN), driver's license, other government ID numbers, and/or financial information. We may also receive information from your Internet browser, computer and/or mobile device. Use of Your Information. We may use your information to provide products and services to you ( or someone on your behalf), to improve our products and services, and to communicate with you about our products and services. We do not give or sell your personal information to parties outside of FNF for their use to market their products or services to you. Choices With Your Information. Your decision to submit personal information is entirely up to you. You can opt-out of certain disclosures or use of your information or choose to not provide any personal information to us. How Information is Collected. We may collect personal information directly from you from applications, forms, or communications we receive from you, or from other sources on your behalf, in connection with our provision of products or services to you. We may also collect browsing information from your Internet browser, computer, mobile device or similar equipment. This browsing information is generic and reveals nothing personal about the user. Security Of Your Information. We utilize a combination of security technologies, procedures and safeguards to help protect your information from unauthorized access, use and/or disclosure. We communicate to our employees about the need to protect personal information. When We Share Information. We may disclose your information to third parties providing you products and services on our behalf, law enforcement agencies or governmental authorities, as required by law, and to parties with whom you authorize us to share your information. Information From Children. We do not knowingly collect Privacy Outside the Website. We are not responsible for information from children under the age of 13, and our the privacy practices of third parties, even if our website websites are not intended to attract children. links to those parties' websites. Access and Correction. If you desire to see the information collected about you and/or correct any inaccuracies, please contact us in the manner specified in this Privacy Notice. The California Online Privacy Protection Act. Certain FNF websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting information to us and using our websites, you are accepting and agreeing to the terms of this Privacy Notice. FNF Privacy Notice Effective: April 1, 2016 Do Not Track Disclosures. We do not recognize "do not track" requests from Internet browsers and similar devices. International Use. By providing us with your information, you consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Contact FNF. If you have questions or wish to contact us regarding this Privacy Notice, please use the contact information provided at the end of this Privacy Notice. C FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy. We pledge to take reasonable steps to protect your Personal Information (as defined herein) and to ensure your information is used in compliance with this Privacy Notice. This Privacy Notice is only in effect for information collected and/or owned by or on behalf of FNF, including collection through any FNF website or online services offered by FNF (collectively, the "Website"), as well as any information collected offiine (e.g., paper documents). The provision of this Privacy Notice to you does not create any express or implied relationship, nor create any express or implied duty or other obligation, between FNF and you. Types of Information Collected We may collect two types of information: Personal Information and Browsing Information. Personal Information. The types of personal information FNF collects may include, but are not limited to: contact information (e.g., name, address, phone number, email address); social security number (SSN), driver's license, and other government ID numbers; and financial account or loan information. Browsing Information. The types of browsing information FNF collects may include, but are not limited to: Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; browser language; browser type; domain name system requests; browsing history; number of clicks; hypertext transfer protocol headers; and application client and server banners. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: applications or other forms we receive from you or your authorized representative, whether electronic or paper; • communications to us from you or others; • information about your transactions with, or services performed by, us, our affiliates or others; and • information from consumer or other reporting agencies and public records that we either obtain directly from those entities, or from our affiliates or others. We may collect Browsing Information from you as follows: Browser Log Files. Our servers automatically log, collect and record certain Browsing Information about each visitor to the Website. The Browsing Information includes only generic information and reveals nothing personal about the user. Cookies. From time to time, FNF may send a "cookie" to your computer when you visit the Website. A cookie is a FNF Privacy Notice Effective: April l, 2016 small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit the Website again, the cookie allows the Website to recognize your computer, with the goal of providing an optimized user experience. Cookies may store user preferences and other information. You can choose not to accept cookies by changing the settings of your Internet browser. If you choose not to accept cookies, then some functions of the Website may not work as intended. Use of Collected Information Information collected by FNF is used for three main purposes: To provide products and services to you, or to one or more third party service providers who are performing services on your behalf or in connection with a transaction involving you; To improve our products and services; and To communicate with you and to inform you about FNF's products and services. When We Share Information We may share your Personal Information ( excluding information we receive from consumer or other credit reporting agencies) and Browsing Information with certain individuals and companies, as permitted by law, without first obtaining your authorization. Such disclosures may include, without limitation, the following: to agents, representatives, or others to provide you with services or products you have requested, and to enable us to detect or prevent criminal activity, fraud, or material misrepresentation or nondisclosure; • to third-party contractors or service providers who provide services or perform other functions on our behalf; • to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • to other parties authorized to receive the information in connection with services provided to you or a transaction involving you. We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any information provided by you violates the rights of a third party; or • protect the rights, property or personal safety of FNF, its users or the public. We make efforts to ensure third party contractors and service providers who provide services or perform functions on our behalf protect your information. We limit use of your information to the purposes for which the information was provided. We do not give or sell your information to third parties for their own direct marketing use. We reserve the right to transfer your Personal Information, Browsing Information, as well as any other information, in connection with the sale or other disposition of all or part of the C FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of this information in connection with any of the above-described proceedings. We cannot and will not be responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit your information to FNF is entirely up to you. If you decide not to submit your information, FNF may not be able to provide certain products or services to you. You may choose to prevent FNF from using your information under certain circumstances ("opt out"). You may opt out of receiving communications from us about our products and/or services. Security And Retention Of Information FNF is committed to protecting the information you share with us and utilizes a combination of security technologies, procedures and safeguards to help protect it from unauthorized access, use and/or disclosure. FNF trains its employees on privacy practices and on FNF's privacy and information security policies. FNF works hard to retain information related to you only as long as reasonably necessary for business and/or legal purposes. Information From Children The Website is meant for adults. The Website is not intended or designed to attract children under the age of thirteen (13). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. Privacy Outside the Website The Website may contain links to other websites, including links to websites of third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users Because FNF's headquarters is located in the United States, we may transfer your Personal Information and/or Browsing Information to the United States. By using our website and providing us with your Personal Information and/or Browsing Information, you understand and consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Do Not Track Disclosures Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. The California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those FNF Privacy Notice Effective: Aprill, 2016 instances, we may collect certain information on behalf of that mortgage loan servicer, including: • first and last name; • property address; • user name and password; loan number; • social security number -masked upon entry; • email address; • security questions and answers; and • IP address. The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Information, and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, contact your mortgage loan servicer. Access and Correction To access your Personal Information in the possession of FNF and correct any inaccuracies, please contact us by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside A venue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of information by FNF in compliance with this Privacy Notice. We reserve the right to make changes to this Privacy Notice. If we change this Privacy Notice, we will post the revised version on the Website. ContactFNF Please send questions and/or comments related to this Privacy Notice by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside A venue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2016. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF APRIL 1, 2016 -------·--··· ..... ·-·--··. C Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1-10-2010 C ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 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 which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which 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. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and 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 described 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; Attachment One (6-5-14) CA & NV 5. 6. 7. 8. 9. c. that result in no loss to You; or C d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. Failure to pay value for Your Title. 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. 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. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequentto Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or ( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b ). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t(or nhis policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One (6-5-14) CA & NV C (PART I 0 (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: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PARTII In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or ( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 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: (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: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One (6-5-14) CA & NV _________ ,.,, __ .,__..,,, .. --.~,,..._..., .. -·~--•-·-·~---.,,-· ALTA ~ED COVERAGE RESIDENTIAL LOAN PO~Y (12-02-13) 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 which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk l l(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. IO. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV Insert Map here C OWNER'S DECLARATION The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at b. further described as follows: See Preliminary Report/Commitment No. 00066166-994-LT2-JC for full legal description (the "Land"). Declarant is the _____________ of ________________ _ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 00066166-994-LT2-JC for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with ___________________ upon the Land in the approximate total sum of$ ____ ~ but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: --------------------------------· Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Chicago Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as ___________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. This declaration is made with the intention that Chicago Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on __ at Signature: ___________ _ MISC0220.doc -Owner's Declaration (Rev. 05/05/15)