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Home My WebLink AboutSDP 2018-0023; CARLSBAD OAKS LOT 4; Site Development Plan (SDP)Cc1cyof Carlsoad LAND USE REVIEW APPLICATION P-1 - Development Services Plannlns Dhllllon 1635 Fnday Avenue (760) '°2-4610 www.carlsbaclcap APPLICATIONI APPi.ED FOR: (CHl!CK BOXl!I) a., , rwewm,, (FORDIPT.UEONLY) fn'IMrr.,,,. D Coaatat 1>ew1opmen1 Pwm1t D Minor -----□ Condlllonlll u.. Permit D Minor D e.na1on D 0ayc-1...,._> 0 Habllalll-.,-itPermlt O Minor 0 Hlhlde 0-lopmentl'Mnlt O Minor 0 "-fllnnlngC-1nlellonPermlt 0 Plannecl0.V1IDJ1-lll'lnnlt □Minor □ RNldenllal □ Non-Reeldenllel 0 Plannlntl Commll1lon Dannlnallon 0 ........, i\,acamn1ad1tlon I] lie Dev1lopmant Plan □ lpeclllU..Pennlt 0 Tene.tlvl .,__, Mlp (Minor lulldlvlllon) 0 T11,1a11.,. Trlct Mlp C.... lulldlvlelonl 0 Vllllance □Minor A8SE$80R PARCEL NO(S): 209•120-03 1------1------ 1------ .□ ..... Plan 0 lp1olllc Plan 0"-'dtwll 0Anww.dl11wl4 """Cc1rh1Crn&flnflwMI "'"""' □ AlvlewPermlt □ Admlnlt1ratlve □ Minor □ Major □ Alvlew Permit □ Admlnla1rdvl □ Minor □ Major -DAY Cl'OIIIJ9'1. UIEONLY) --------------------------L OCA Tl ON OF PROJECT: CARLSBAD OAKS LOT 4 (STREET ADDRESS) NAME OF PROJECT: VICTORY CARLSBAD OAKS INNOVATION CENTER LOT 4 BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) $7,000,000 FOR cnv UIE ONLY DlvelopmentNo. ~eJ'W•~, oto1 P.1 ona ESTIMATED COMPLETION DATE NOVEMBER 2020 u.c!C-No. P01cl6 Ravllec!03117 --------------------·-----·. OWNER NAME INDMDUALNAME (lfllP.,,_), COMPANY NAME C (Pl.EASE PRINT) VICTORY CARLSBAD OAKS INNOVATION CENTER LP (lf.-J. POBOX3111 MAILING ADDRESS: LA JOLLA, CA 92038 CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: 858-815-8886 BEN@BADIEEDEVELOPMENT.COM 0 APPLICANT NAME (Pl.EASE PRINT) INDMDUAL NAME VICTORY CARLSBAD OAKS (If~): INNOVATION CENTER LP COMPANY NAME (If•~~ POBOX3111 MAILING ADDRESS LA JOLLA, CA 92038 CITY, STATE, ZIP: TELEPHONE: 858-815·8886 EMAIL ADDRESS: BEN@BADIEEDEVELOPMENT.COM I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOV INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL NER THAT THE APPLICANT AS THE BEST OF KNOWL GE. SET FORTH H IN MY RIZED REPRESENTATIVE FOR PURPO IS UC /' CITY, STATE, ZIP. TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 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. IM'E CONSENT TO ENTRY FOR THIS PURPOSE. P-1 Page 2 of 6 NOV O 7 2018 CITY Of ,>\i-'L:,F<i\D PLANN f\JG DIVISION DATE STAMP APPLICATION RECEIVED Revised 03/17 (atyof 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 Penn/ts D Coastal Development Permit D Minor D Conditional Use Permit D Minor D Extension D Day Cara (Large) D Environmental Impact Assessment D Habitat Management Permit D Minor D HIiiside Development Permit D Minor D Nonconforming Construction Permit □ Planned Development Permit □Minor D Residential D Non-Residential □ Planning Commission Determination □ Reasonable Accommodation I&] Site Development Plan IX) Minor □ Spacial Use Permit □ Tentative Parcel Map (Minor Subdivision) □ Tentative Tract Map (Major Subdivision) □ Variance D Minor (FOR DEPT. USE ONLY) Lea/slat/ye Penn/ts soP'z,it, oot-"3 D General Plan Amendment D Local Coastal Program Amendment . D Master Plan D Specific Plan D Zone Change □Amendment □Amendment D Zone Code Amendment South Carlsbad Canta/ Review Arn Penn/ts D Review Permit D Administrative D Minor D Major VIiiage Review Am Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) E3 NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (710) 802-2723 TO SCHEDULE AN APPOINTMENT. •&AME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY 209-120-03 CARLSBAD OAKS LOT 4 (STREET ADDRESS) VICTORY CARLSBAD OAKS INNOVATION CENTER LOT 4 One 50,150 sf high-bay shell industrial building with surface parking on a 5.9813 acre lot $7,000,000 ESTIMATED COMPLETION DATE NOVEMBER 2020 Development No. D ~\J tA l 'II-0'2.-0 'J Lead Case No. P-1 Paoe 1 of6 Revised 03117 (cicyof Carlstiad DISCLOSURE STATEMENT P-1(A) Development Services Plannina Division 1635 Faraday Avenue (760) 602·4610 www.carlsbadca.gov Applicant's statement or disclosurs of certain ownership interests on all applications which will requirs discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following lnfonnation Ml,l§I be disclosed at the time of application submittal. Your project cannot be reviewed until this Information is completed. Please print. Note: Parton Is defined as "Any Individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndical&, In this and any other county, city and county, city munlclpalHy, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entHy of the applicant and property owner mU8I ba provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of A1J. persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a pubUciY:QWDed corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached If necessary.) Pe~on. _________ _ Corp/Part Victo,y Carlsbad Oaks Innovation Center LP T~e. _________ _ Title. __________ _ Address. ________ _ Address PO Box 3111, La Jolla, CA 92038 2. OWNER (Not the owner's agent) P·1(A) Provide the COMPLETE. LEGAL names and addresses of & persons having eny ownership interest In the property Involved. Also, provide the nature of the legal ownership (I.e., partnership, tenants In common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. Include the names, titles, addresses of all lndlvfduels owning more then 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publjcly-owned corp9ratjon. include the names, titles, and addresses of the corporate officers. (A separate pege may be attached If necessary.) Person. _________ _ Corp/Pert Viclo,y Carlsbad Oaks lnnovallon Center LP Title. __________ _ Title. ____________ _ Address. ________ _ Address PO Box 3111, La Jolla, CA 92038 r"\.,",1"n•r -~-iJ~,f-...,.9 ... "·' .. , .. -- Page1012 NOV O 7 2018 Revised 07/10 ,...., . I ' \,_,,' . -._, -----,-·-···---·---- C 0 3. NON.PRO.,IT ORGANIZATION OR TRUST If any person Identified pursuant to (1) or (2) above Is a nonprofit organization or a tryst, list the names and addresses of 6!l!l'. person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trus . ._ _____ _ Non Profit/Trusl, ________ _ Title ·-----------Tffle. ___________ _ Address. _________ _ Address ____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve ( 12) months? D Yes [l] No If yes, please Indicate person(&):. _________ _ NOTE: Attach additional sheets if necessary. e info/ion is true and correct to the best of my knowledge. V /Ii /f Signature of applicant/date Print or type name Print or type name of applicant Signature of owner/applicant's agent If applicable/date Print or type name of owner/applicant's agent P·1(A) Page 2 of2 Revised 07110 (tfryof Carlsbad Development Services DISCLOSURE STATEME,NT .. ~ .,, P-1(A) "·· ' Planning Division _J 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov NOV O 7 2018 -~·-·,, i Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person Is defined as "Any Individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, __________ _ Corp/Part Victory Carlsbad Oaks Innovation Center LP Title. ___________ _ Title _____________ _ Address, __________ _ Address PO Box 3111, La Jolla, CA 92038 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of fil persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person __________ _ Corp/Part Victory Carlsbad Oaks Innovation Center LP Tille ___________ _ Title _____________ _ Address _________ _ Address PO Box 3111, La Jolla, CA 92038 Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust. _______ _ Non Profit/Trust ________ _ Title __________ _ Title ____________ _ Address _________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes Ill No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Smith Consulting Architects, Peter Bussett Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07 /10 ,,,,,. .... ' ,, ' {Ci f Carlstiad PROJECT DESCRIPTION P-1(8) ' ' Development Services Pllnnllltl Division 1635FaradayAve!,ue (760) 602-4610 www.car1sbadca,1ov PROJECT NAME: Carlsbad Oaks Innovation Center Lot 4 APPLICANT NAME: Victory Carlsbad Oaks Innovation Center LP Pleaae describe fully the proposed project by appllcallon type. Include any detlllla neceesary to adequately explain the acope and/or operation of the proposed project. You may also lnclucle any background lnforrnation and supporting atatemanta regarding the l'NIOll8 for, or appropriateneaa of, the appllc:atlon. Uae an addendum sheet If nece11ary. Deacrlptlon/ExplanaUon: Thia project 00ll8lata of (1) 50,150 square foot speculative muhl•tenant, high-bay lndu81rlal bulkllng wllh surfaoe parking, landacaplng and an outdoor lunch patio on an 5.98 acre lot. The bullcllng will Include (5) m8ZZJlline& totaling 4,700 square feet, and loading dock doora. Future uses Include manufacturing, R&D, warehousing and accessory ofllCe apace. Parking la provided at a blended rate of 2.5 ap/1000 sq.ft. Lot 4 was mass-graded per approved Cerlsbac:10ak8 North Final Map CT97-13 and Is located on Caribou Court and Eaat of Whlptail Loop In the Carlsbad Oaks North Business Park. The propoaed site layout, building uaea and floor areas comply with the Carlsbad Oaks North Specific Plan SP 211, and any lmpacta wRI not exceed those already anUclpated by the EIR (EIR 98-08.) The project requires approval of a Site Development Plan-Minor. Environmental compllance la established by way of EIR 98-08, which Is on file In the City of Carlsbad Planning Dept. The project Is In confonnance with Pl General Plan Designation, the P-M Zoning Ordinance and the Carlsbad Oaks North Speclflc Plan SP 211. P.1(8) Pagel of1 ,-'. ... ,,~" ,,, •. ,~ , ' NOV O 7 2018 CT'-' [ : '' . ) Rev1Nd07/10 --·----------- C 0 (Cityof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Plannlnc Olwlslon 1635 Faraday Avenue (7601602-4610 www.cartsbadc1.1ov Consultation of Liats of Sites Related to Hazardous Wastes (Celtifieallon of Compliance with Government COcle Section 65982.5) Pursuant to State of California Government Coda Section 65962.5, I have consulted the Haurdowl Waste and Substances. Sites List complied by the Callfornla Environmental Protection Agency and hereby certify that (check one): II The tlevelopmant project and any altematives proJ)O$ed in thia appllo!ltion ltUlS!l contained on the nets compiled pursuant to Se01ion 65962.5 of tha Stata Government Code. 0 The development project and any a1temaliW11 proposed In thia application m contained on the lists compiled pursuant to Section 65962 .5 of the Slate Govemmenl Code. APPLICANT N Victory carlsbad Oak$ Innovation Center LP eme._· ------------- Addreat: PO Box 3111 La Jolla, CA 92038 Phone Number: 888-815-8886 PROPERTY OWNER Victory Carlsbad Oaks Innovation Neme:..center LP Addres•: PO Box 3111 La Jolla, CA 92038 Phone Number: 888-815-8886 Addrtas of site: Lot 4 on Caribou Court in Carlsbad Oaks North Business Park Local Agency (City and County): City of Carlsbad, County of San Diego Asse111or'1 book, page, 1111d parcel number:_2_0_9_· 1_2_0_·_0_3 ___________ _ Specify Hsl(sJ: Cortese list Ragulatoryidentiflceflon Number: ___________________ _ Applicant Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is us 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) Page1of2 Revised 02/13 ( City of Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Plannlng Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: Carlsbad Oaks Innovation Center Lot 4 APPLICANT NAME: Victory Carlsbad Oaks Innovation Center LP Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: This project consists of (1) 50, 150 square foot speculative multi-tenant, high-bay industrial building with surface parking, landscaping and an outdoor lunch patio on an 5.98 acre lot. The building will include (5) mezzanines totaling 4,700 square feet, and loading dock doors. Future uses include manufacturing, R&D, warehousing and accessory office space. Parking is provided at a blended rate of 2.5 sp/1000 sq.fl. Lot 4 was mass-graded per approved Carlsbad Oaks North Final Map CT97-13 and is located on Caribou Court and East of Whiptail Loop in the Carlsbad Oaks North Business Park. The proposed site layout, building uses and floor areas comply with the Carlsbad Oaks North Specific Plan SP 211, and any impacts will not exceed those already anticipated by the EIR (EIR 98-08.) The project requires approval of a Site Development Plan-Minor. Environmental compliance is established by way of EIR 98-08, which is on file in the City of Carlsbad Planning Dept. The project is in conformance with Pl General Plan Designation, the P-M Zoning Ordinance and the Carlsbad Oaks North Specific Plan SP 211. P-1 (B) Page 1 of 1 :,"'· \ ~""' '-·~ ,, . ~ ~ NOV O 7 2018 ' ,.J 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): ljJ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application J!!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Victory Carlsbad Oaks Innovation Center LP Name:. ______________ _ Address: PO Box 3111 La Jolla, CA 92038 Phone Number: 888-815-8886 PROPERTY OWNER Victory Carlsbad Oaks Innovation Name:_center LP Address: PO Box 3111 La Jolla, CA 92038 Phone Number: 888-815-8886 Address of Site: Lot 4 on Caribou Court in Carlsbad Oaks North Business Park Local Agency (City and County): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number:_2_0_9_-_1_2_0_-0_3 _____________ _ Specify list(s): Cortese List Regulatory Identification Number: _____________________ _ The Hazardous Wa and Substances Sites Li Cortese List is used e State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous ~ii=!~ rltl~~~?~~i:). NOV O 7 2018 P-1(C) Page 1 of 2 Revised 02/13 C ·-.. "· 'J "I~ 'f/\ ,·-., ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): ________________________ _ General Information 1. Name of project: Carlsbad Oaks Innovation Center Lot 4 2. Name of developer or project sponsor: Victory Carlsbad Oaks Innovation Center LP Address: PO Box 3111 City, State, Zip Code: La Jolla, CA 92038 Phone Number: 888-815-8886 3. Name of person to be contacted concerning this project: Peter Bussett-SCA Address: 13280 Evening Creek Dr. Suite 125 City, State, Zip Code: San Diego, CA 92128 Phone Number: 858-793-4 777 4. Address of Project: Lot 4 on Caribou Court Assessor's Parcel Number: 209-120-03 --------------------- 5. 6. 7. 8. 9. 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: Site Development Plan (Minor) Existing General Plan Land Use Designation: _P_I ______________ _ Existing zoning district: _P_M _____________________ _ Existing land use(s): _P_l_(:..._V_a_c_a_n_t:..._) _______________ _ Proposed use of site (Project for which this form is filed): Pl/ (Office/ Industrial) Project Description 10. Site size: 260,547 square feet (5.9813 acres) 11. 12: 13. 14. P-1(0) Proposed Building square footage: _5_0_,_1_5_0 _______________ _ Number offloors of construction: 1-story with mezzanine Amount of off-street parking provided: _1_2_6_s.!.p_a_c_e_s ____________ _ Associated projects: Lot 5 on Caribou Court Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: --'-N--'-A'--'-------- 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ___________________ _ NA 17. If industrial, indicate type, estimated employment per shift, and loading facilities: ____ _ The project is a speculative multi-tenant, flex-industrial shell building. Tenant uses are not known but may include manufacturing, R&D, storage/warehouse and office uses. The largest shift or user population will be approximately 100 people. Loading is accommodated with multiple grade-level loading doors located at the rear of the building and screened from off-site views. 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. □ 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 1 0 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 It exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. See Attached 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 Attached Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented ~re tru~and correct to the best of my kno~ledxd ~elief. Date: '1 (o \ lo Signature: _L/~=-----'"--',d-1~~~~~~~L----,----, S ,..1-H,.. C,011,~ / .J.,i-.c, ~ t""f4t,(,f-e For: P-1(D) Page 4 of 4 Revised 07/10 Carlsbad Oaks Innovation Center Lot 4 ATTACHMENT TO P1(D) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. The project site is a vacant pad. previously graded with the mass grading permit approved for the Carlsbad Oaks North Tentative Map project and generally sloping at 2% from the northwest corner down to the southeast corner. The site is topographically suitable for the proposed improvements. Public curb/gutter/sidewalks are existing along the Caribou Court street frontage. The site is void of any structures and surface improvements. No consequential plants and animals are present. The soils are suitable to support buildings on conventional shallow foundations. 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. The project site is bordered on the north. south, east and west by P-M zoned properties with Planned Industrial land uses. Directly north is a vacant lot /Lot 25l. Directly west across Whiptail Loop is a vacant pre-graded lot /Lot 3l. Directly east is a vacant pre- graded lot /Lot 7: SDP 16-03l. Directly south is a vacant pre-graded lot /Lot 5l. This prQject incorporates a 35 ft. landscape setback along Whiptail Loop and Caribou Court. Trucking uses will primarily occur at the rear of the building and screened from view from neighboring streets. The project 'front door' with a primarily office faces south. Building wall heights will be 36 ft. max .. and parapets along with roof mounted equipment screens will serve to screen roof mounted HVAC equipment from view from the adjacent streets and surrounding properties. { City of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1 (E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it Is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding appllcatlo submittal requirements (I.e., clarification regarding a specific requirement or wheth all re ulrements are necessary for your particular application) please call (760) 602-4610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) r:""' ,,,..,~, ,,,-~-'"' / .. J ...... : ' .. '. \ ,.: NO\I O 7 2018 Page 1 of 1 Revised 07/10 I I I I j=~J- : Qt I -l,-------., -1-+ I I I I I I I I I I ' § ' ' I! ! Ii 1-11 I 1:l I : L'!J: .! !'' u g """ ~~-~~ C !//"'Iii W C CJ)~ 8~ 0-1:i:c 0.9-gl ~5 ~ 16 O..aJ~ It- i ; ' -- .. I I \ \ I \ I \ I I _J I I • I 00 I, -•• 1 ~ , ' I , ' t-, 11! o c.;q ) s () ,'. ·\ z > ) f_: .:r l)1l ~ \ \ I \ ! I \ 0 ., I \\ \ \ \ ( C: B I I I I I 1 ,• •. ':>1 hMP-:,t 1 .... ~ r,.,, ~ Order Number: Ncs-894828-A·SO Page Number: 1 First American Title Insurance Company National Commercial Services November 01, 2018 Scott Merryh Badiee Development 1261 Prospect Street, Suite 9 La Jolla, ca. 92037 Phone: 760-717-0615 Fax: Customer Reference: Title Officer: Phone: Fax No.: E-Mail: Borrower: Property: 4380 La Jolla Village Drive, Suite 110 san Diego, CA 92122 car1sbad Oaks North Lot 4 Vince Tocco/ Linda Slavik (858)410-3886 (877)461-2094 lslavlk@firstam.com APN 209-120-03 , car1sbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title Insurance, this company hereby reports that It Is prepared to Issue, or cause to be Issued, as <Ii the date hereof, a Polley or Polldes of Title Insurance desalblng 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 enrumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed SChedules, conditions and Stipulations <Ii said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth In Exhibit A attached. The policy to be Issued may contain an arbitration clause. Wh<o1 the Amount of /11S1Jf11IHX/ Is less than that set frxth In the arbitration clause, all arbllrable mat/Ns shall be a,t,ttrated at the op/ion of either the Company or the Insvred as the exduslve remedy of the parties. Limitations on Covered Risks applicable to the Cl TA and ALTA Homeowner's Polldes of Title Insurance which establish a Oeductible Amount and a Maximum Oollar Limit of Liability for certain coverages are also set forth In Exhibit A. COples of the policy forms should be read. They are available from the office which Issued this report. PleaN read the exceptions shown or referred to bel-and the exceptions and exdllllona NI: forth In Exlllbllt A of this report carefully. The exceptions and exdualon• are meant to provide you with notice of matte'" which are not IXIV8l'lld under the tams of the tllle Insurance policy and should be mrefully conllld-. n I• lm~nt to note that this preliminary report I• not a wrlttM reprmentatlon u to the condition of tllle and may not list all liens, defectll, and encumbrances -1111 tllle to the land. first American Title Insurance company Order Number: NCS-894828-A-S0 Page Number: 2 This report (and any supplements or amendments hereto) is issued sole~ for the purpose of facilitating the issuance of a policy of title insurance and no liability Is assumed hereby. If it fs desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Tltle Insurance Company Dated as of October 25, 2018 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: PRELIMINARY REPORT Order Number: NCS-894828-A-SD Page Number: 3 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Victory carlsbad Oaks Innovation Center, LP., a california limited partnership The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2018-2019. First Installment: $32,499.33, OPEN Penalty: $0.00 Second Installment: $32,499.33, OPEN Penalty: $0.00 Tax Rate Area: 09013 A. P. No.: 209-120-03-00 2. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the california Government Code for Community Facilities District No. 1, as disclosed by Notice of Special Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records. Document(s) declaring modifications thereof recorded June 29, 2004 as Instrument No. 2004- 0606773 of Official Records. 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. 4. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded November 09, 2004 as Instrument No. 2004-1066056 of Official Records. First American Tltle Insurance Company Order Number: NCS-894828-A-SD Page Number: 4 5. The terms and provisions contained in the document entitled "Notice and Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation Corridors Case No.: CT 97-13" recorded November 09, 2004 as Instrument No. 2004-1066058 of Official Records. 6. Abutter's rights of ingress and egress to or from Whiptail Loop and caribou Court, except at access opening have been dedicated or relinquished on the map of Map No. 14926 of Tract Maps recorded December 15, 2004. 7. An easement shown or dedicated on the map filed or recorded December 15, 2004 as Map No. 14926 of Tract For: Private drainage and incidental purposes. 8. An easement shown or dedicated on the map filed or recorded December 15, 2004 as Map No. 14926 of Tract For: Sight distance corridor and incidental purposes. 9. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded December 15, 2004 as Instrument No. 2004-1180067 of Official Records. 10. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded December 15, 2004 as Instrument No. 2004-1180068 of Official Records. 11. The terms and provisions contained in the document entitled "Waiver and Consent to Creation of a Community Facilities District and Agreement to Pay Fair Share Cost of CT 97-13" recorded December 15, 2004 as Instrument No. 2004-1180069 of Official Records. Document(s) declaring modifications thereof recorded November 04, 2005 as Instrument No. 2005-0964619 of Official Records. 12. The terms and provisions contained in the document entitled "Encroachment Agreement" recorded December 15, 2004 as Instrument No. 2004-1180071 of Official Records. 13. The terms and provisions contained in the document entitled "Encroachment Agreement" recorded December 15, 2004 as Instrument No. 2004-1180072 of Official Records. 14. The terms and provisions contained in the document entitled "Agreement Between Develop/Owner and the City of Carlsbad for the Payment of a Local Drainage Fee" recorded December 21, 2004 as Instrument No. 2004-1201221 of Official Records. 15. The terms and provisions contained in the document entitled "404 Permit 200200641-JMB" recorded December 30, 2004 as Instrument No. 2004-1229604 of Official Records. 16. The terms, provisions and easement(s) contained in the document entitled "Easement" recorded October 20, 2006 as Instrument No. 2006-0746425 of Official Records. First American Tltfe Insurance Company Order Number: NCS-894828-A·SD Page Number: 5 17. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded February 05, 2007 as Instrument No. 20070081082 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604( c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded March 20, 2013 as Instrument No. 2013· 0175873 of Official Records. Document(s) declaring modifications thereof recorded October 25, 2016 as Instrument No. 2016- 0576403 of Official Records. 18. The terms, provisions and easement(s) contained in the document entitled "Easement Agreement (Private Drainage)" recorded January 29, 2010 as Instrument No. 2010-0047608 of Official Records. 19. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded January 23, 2017 as Instrument No. 2017-0033944 of Official Records. 20. A Deed of Trust to secure an original indebtedness of $5,600,000.00 recorded May 1, 2018 as Instrument No. 2018-0173693 of Official Records. Dated: Truster: Trustee: Beneficiary: 21. Rights of parties in possession. April 30, 2018 Victory Carlsbad Oaks Innovation Center, L.P. a California limited partnership First American Title Insurance Company Nikols Mortgage Fund, LLC, a california limited liability company First American Tltle Insurance Company INFORMATIONAL NOTES Order Number: NCS-894828-A-SD Page Number: 6 ALERT -CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of recording on certain transactions effective January 1, 2018. Please contact your First American Title representative for more information on how this may affect your closing. 1. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: I 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of california. S. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the california Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; First American Title Insurance Company Order Number: NCS-894828-A-SD Page Number: 7 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 6. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the california Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDMDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** First American Title Insurance Company LEGAL DESCRIPTION Order Number: NC:S-894828-A·SD Page Number: B Real property in the City of Carlsbad, County of San Diego, State of california, described as follows: LOT 4 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE 1, IN THE CITY OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14926, ALED IN THE OFACE OF THE COUNlY RECORDER OF SAN DIEGO COUNlY, DECEMBER 15, 2004. APN: 209-120-03-00 First American Title Insurance Company The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information Order Number: NCS-894828-A-SD Page Number: 9 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company Order Number: NCS-894828-A-SD Page Number: 10 CLTA/ALTA HOMEOWNER'$ POLICY OF TITLE INSURANCE (02·03-10) EXCLUSIONS In addition to the Exceptions in schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) Improvements on the Land; (b) zoning; (c) land use; (e) land division; and (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk a.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 applic.able 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 Exdusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first oca.ir after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Trt:le. 6. Lack of a right: (a) to any land outside the area specifically described and referred to In paragraph 3 of schedule A; and (b) In streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Trt:le to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Vour Deductible Amount Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1 % of Polley Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1 % of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Llrn!t of Uabmtv $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POI.ICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This Includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not llmlt the zoning coverage described in Items 12 and 13 of covered Trt:le Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears ln the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you ~ you bought the land without knowing of the taking First American Title Insurance Company 3. Title Risks: (a) that are created, allowed, or agreed to by you Order Number: NCS-894828-A-SO Page Number: 11 (b} that are known to you, but not to us, on the Policy Date --unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. I.Bek of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Trtle Risks. 2006 ALTA LOAN POUCY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (induding those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 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 Polley, but Known to the Insured Oaimant and not disclosed in writing to the Company by the Insured Oalmant 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 Oate of Polley (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. Unenforceabllity of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land Is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-In-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated In Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage In the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also indude 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: Rrst American Tltle Insurance Company Order Number: NCS-894828-A-SD Page Number: 12 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 daims 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 enrumbrances, or daims thereof, not shown by the Public Records. 4. Any encroachment, enrumbrance, violation, variation, or adverse cirrumstance 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 daims; (b) reservations or exceptions In patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POUCY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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 Oaimant 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 Oaimant; 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 Oalmant had paid value for the n1e. 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. S. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or daims 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 Trt:le that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatentecl mining claims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c) water rights, daims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Rrst American Title Insurance Company Order Number: NCS-894828-A-SD Page Number: 13 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07•26·10) EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attomeys' 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; Ill. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limlt 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 limlt 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 llmlt 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. Unenforceabillty 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. Invalidlty 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 invalidlty, 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 limlt the coverage provided in Covered Risk ll(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. First American Tltle Insurance Company