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HomeMy WebLinkAbout; City of Carlsbad; 2021-0328145: CovenantRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Apr 28, 2021 04:03 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92009-1989 PAGES: 152 DOC# 2021-0328 1 45 111111111111 11111 11111111111 101 Diii110111111 11111 11111 (Space Above Line for Recorder's Use) DECLARATION OF RESTRICTIVE COVENANTS This DECLARATION OF RESTRICTIVE COVENANTS ("Restrictive Covenant") is made this 01-1-L., day of MalrOk-\. , 2021 by the City of Carlsbad, a municipal corporation (hereinafter "Declarant"). RECITALS A.Declarant is the sole owner in fee simple of certain real property containing 267.7 acres, located in the City of Carlsbad, County of San Diego, State of California, found on Assessor's Parcel Numbers 168-020-65-00, 168-040-02-00 and 223-120-33-00 (the "Parcels"). The Parcel is legally described on Exhibit "A" attached hereto and incorporated by this reference. The Declarant desires to grant a restrictive covenant over a 0.216 acre portion of the Parcel (the "Restricted Property"). The Restricted Property is legally described and depicted on Exhibit "B" attached hereto and incorporated by this reference. B.The Restricted -Property provides, among other things, compensatory mitigation for certain impacts from development of the Romeria Street Ston-nwater Drainage Repair Project ("Project") by Declarant pursuant to requirements of the United States Army Corps of Engineers' ("ACOE") Clean Water Act (CWA) Section 404 Permit No. SPL-2010-00490-P.TB and any amendments thereto ("Section 404 Permit"); and the California Regional Water Quality Control Board ("RWQCB") CWA Section 401 Certification No. 10C-093 and any amendments thereto ("Section 401 Certification"), and pursuant to Section 10.7 of the Implementing Agreement for the City of Carlsbad Habitat Management Plan, dated November 15, 2004. The foregoing documents are collectively referred to herein as the "Approval Documents." C.This Restrictive Covenant is designed to satisfy and is granted in satisfaction of the Approval Documents. D.Consistent with the terms and conditions of this Restrictive Covenant, the Restricted Property is and will remain in a Natural Condition as defined herein and is intended to be preserved in its natural, scenic, open condition to maintain its ecological, historical, visual and educational values (collectively, "Conservation Values"). The Conservation Values are of importance to the people of the County of San Diego and the people of the United States. E.The ACOE is the federal agency charged with the primary responsibility for regulating activities in waters of the United States, including wetlands, with regulatory authority over discharges of dredged and fill material into such waters pursuant to Section 404 of the Clean Water Act, and is a third party beneficiary of this Restrictive Covenant. F.Following recordation and subject to Section II below, Declarant intends to convey all of the Restricted Property to a conservation organization. Should Declarant transfer its interest in the Restricted Property prior to the time that Compensatory Mitigation (defined below) is fulfilled, the conservation organization will assume the roles and responsibilities of Declarant, including long-term maintenance, under this Restrictive Covenant, except that Declarant, as the developer of the Project, will remain responsible for the Compensatory Mitigation until it has been successfully implemented and completed per the success criteria set forth in the "Mitigation and Monitoring Plan and Technical Specifications for the Romeria Street Drainage Improvement Project," prepared by LSA Associates, Inc. dated March 2015 (the "Mitigation Plan"). The cover page and introduction are attached as Exhibit "C". COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS In consideration of the above recitals and the covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the United States and state of California, including Civil Code Section 815, Declarant hereby declares the Restricted Property shall be held, transferred, conveyed, leased, occupied or otherwise disposed of, and used subject to the following restrictive covenants (and incorporating the above recitals herein by this reference), which shall run with the land, and be binding on Declarant's heirs, successors in interest, administrators, assigns, lessees, or other occupiers and users of the Restricted Property, or any portion of it. 1. Purpose. (a)The purposes of this Restrictive Covenant are to (1) ensure the Restricted Property will be preserved in a Natural Condition, as defined herein, in perpetuity and (2) prevent any use of the Restricted Property that will impair or interfere with the Conservation Values of the Restricted Property (the "Purpose"). Declarant intends that this Restrictive Covenant will confine the use of the Restricted Property to such activities that are consistent with this Purpose, including without limitation, those involving the preservation, restoration, and enhancement of native species and their habitats. (b)The term "Natural Condition," as referenced in the preceding paragraph and other portions of this Restrictive Covenant, shall mean the condition of the Restricted Property as it exists at the time this Restrictive Covenant is executed, as well as future enhancements or changes to the Restricted Property that occur directly as a result of the following activities: (1)Compensatory mitigation measures ("Compensatory Mitigation"), including implementation, maintenance and monitoring activities, required by the Approval Documents and as described in the Mitigation Plan; (2)In-perpetuity maintenance obligations ("Long-Term Maintenance") that occur on the Restricted Property as described in Section 14 herein. 2 (3) Activities described in Section 3 and Section 5 herein. (c)Declarant represents and warrants that there are no structures or other man-made improvements existing on the Restricted Property. Declarant further represents and warrants there are no previously granted easements existing on the Restricted Property that interfere or conflict with the Purpose of this Restrictive Covenant as evidenced by the Preliminary Title Reports dated March 18 and 19, 2018, attached hereto as Exhibit "D." The present Natural Condition is evidenced in part by the depiction of the Restricted Property attached on Exhibit "E," showing all relevant and plottable property lines, easements, dedications, improvements, structures, boundaries, and major, distinct natural features such as waters of the United States. Declarant has delivered further evidence of the present Natural Condition to ACOE consisting of (1) a color aerial photograph of the Restricted Property at an appropriate scale taken one inch = 130 feet for the on-site area, one inch = 560 feet for the Lake Boulevard site, and one inch = 300 feet for the Lake Calavera site; (2) an overlay of the Restricted Property boundaries on that aerial photograph; and (3) on-site color photographs showing all improvements, structures, and natural features of the Restricted Property. (d)If a controversy arises with respect to the present Natural Condition of the Restricted Property, Declarant and/or ACOE shall not be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution of the controversy. (e)The term "Biological Monitor" shall mean either an employee of the Declarant or an independent third-party consultant with knowledge of riparian resources in the San Diego County area and expertise in the field of biology or a related field. 2. ACOE's rights. To accomplish the Purpose of this Restrictive Covenant, Declarant hereby grants and conveys the following rights to ACOE (but without obligation of the ACOE): (a)A non-exclusive easement on and over the Restricted Property to preserve and protect the Conservation Values of the Restricted Property; and (b)A non-exclusive easement on and over the Parcel and Restricted Property to enter upon the Restricted Property to monitor Declarant's compliance with and to otherwise enforce the terms of this Restrictive Covenant; and (c)A non-exclusive easement on and over the Restricted Property to prevent any activity on or use of the Restricted Property that is inconsistent with the Purpose of this Restrictive Covenant and to require the restoration of such areas or features of the Restricted Property that may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this Restrictive Covenant; and (d)All present and future development rights allocated, implied, reserved or inherent in the Property; such rights are hereby terminated and extinguished, and may not be used on or transferred to any portion of the Property, nor any other property adjacent or otherwise; and (e)The right to enforce by any means, including, without limitation, injunctive relief, the terms and conditions of this Restrictive Covenant. 3 3. Declarant's Duties. The City of Carlsbad ("City") shall undertake construction, maintenance and monitoring of mitigated areas pursuant to the Mitigation Plan until receipt of final approval of the success of the mitigation from ACOE and CDFW ("Final Approval"). This duty is non-transferrable. Declarant, its successors and assigns shall: (a)Undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities would be inconsistent with the Conservation Values and would violate the permitted uses of the Restricted Property set forth in this Restrictive Covenant; (b)Cooperate with ACOE in the protection of the Conservation Values; (c)Repair and restore damage to the Restrictive Property directly or indirectly caused by Declarant, Declarant's pests, representatives or agents and third parties within Declarant's control; provided, however, Declarant, its successors or assigns shall not engage in any repair or restoration work in the Restricted Property without first consulting with ACOE; (d)Obtain any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements; (e)Upon receipt of Final Approval, perform in-perpetuity Long-Term Maintenance on the Restricted Property set forth in Section 14 below; (f)Within 60 days of recordation of this Restrictive Covenant, install signs and other notification features saying "Natural Area Open Space," "Protected Natural Area," or similar descriptions that inform persons of the nature and restrictions on the Restricted Property. Prior to erection of such signage, Declarant shall submit detailed plans showing the location and language of such signs to ACOE for review and approval. The erection and maintenance of informative signage shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable statutes, regulations, and permitting requirements; and (g)Perform an annual compliance inspection of the Restricted Property, prepare an inspection report, and shall make reports available to ACOE upon request. 4. Prohibited Uses. Any activity on or use of the Restricted Property inconsistent with the Purpose of this Restrictive Covenant is prohibited. Without limiting the generality of the foregoing, the following uses by Declarant, and its respective guests, agents, assigns, employees, representatives, successors and third parties within Declarant's control, are expressly prohibited: (a)Supplemental or unseasonable watering except as specifically provided for in the Mitigation Plan; (b)Use of chemical herbicides, pesticides, rodenticides, fungicides, biocides, fertilizers, or other agents or weed abatement activities, except weed abatement activities necessary to control or remove invasive, exotic plant species in accordance with Subsection 5(c); 4 (c) Incompatible fire protection activities, except the fire prevention activities set forth in Subsection 5(f); •(d) Use of off-road vehicles and use of any other motorized vehicles except on existing roadways and as necessary to restore native plant communities consistent with Section 5; (e)Grazing or other agricultural activity of any kind; (f)Recreational activities, including, but not limited to, horseback riding, biking, hunting or fishing; (g)Residential, commercial, retail, institutional, or industrial structures or uses; (h)Any legal or de facto division, subdivision or partitioning of the Restricted Property; (i)Construction, reconstruction, expansion, location, relocation, installation or placement of any building, road, wireless communication cell towers, or any other structure or improvement of any kind, or any billboard, fence, boundary marker or sign, except signs permitted in Subsection 3(f); 0) Depositing, dumping or accumulating soil, trash, ashes, refuse, waste, bio-solids or any other material; (k) Planting, gardening, introducing or dispersing non-native or exotic plant or animal species; Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rocks, sands or other material on or below the surface of the Restricted Property; (m)Altering the surface or general topography of the Restricted Property, including but not limited to any alterations to habitat, building roads or trails, flood control work, or paving or otherwise covering any portion of the Restricted Property; (n)Removing, disturbing, altering, destroying, or cutting of trees, shrubs or other vegetation, except as necessary for (1) emergency fire protection as required by fire safety officials as set forth in Subsection 5(f), (2) controlling invasive, exotic plants which threaten the integrity of the habitat, (3) preventing or treating disease, (4) conducting activities permitted by the Mitigation Plan, or (5) activities described in Section 3 Section 5 and Section 14. In the event that activity in the Restricted Property is necessary to prevent or treat disease as listed in item (3) herein, the first priority for action shall be chemical and biological methods. No invasive or non-native species shall be introduced to prevent or treat disease, unless chemical or biological methods have failed to resolve the problem and the County of San Diego Department of Environmental Health, or other agency with authority, determines that no other methods will address the problem. Removal of vegetation to prevent or treat disease shall only be allowed if chemical or biological methods have failed to resolve the problem or upon a showing that removal of vegetation is required on an emergency basis; 5 (o)Manipulating or altering any natural watercourse, body of water or water circulation on the Restricted Property other than as described in the Mitigation Plan, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters; (p)Creating, enhancing, or maintaining fuel modification zones (defined as a strip of mowed land or the planting of vegetation possessing low combustibility for purposes of fire suppression), or other activities that could constitute fuel modification zones; (q)Without the prior written consent of ACOE, which ACOE may withhold, transferring, encumbering, selling, leasing, or otherwise separating the mineral, air or water rights from the Restricted Property; changing the place or purpose of use of the water rights on the Restricted Property; abandoning or allowing the abandonment of; by action or inaction, any water or water rights, ditch or ditch rights, spring rights, reservoir or storage rights, wells, round water rights, or other rights in and to the use of water historically used on or otherwise appurtenant to the Restricted Property, including but not limited to: (1) riparian water rights; (2) appropriative water rights; (3) rights to waters which are secured under contract with any irrigation or water district, to the extent such waters are customarily applied to the Restricted Property; and (4) any water from wells that are in existence or may be constructed in the future on the Restricted Property; •(r) Any use or activity that may violate, or fail to comply with, relevant federal, state, or local laws, regulations, or policies applicable to Declarant, the Restricted Property, or the use or activity in question; (s)No use shall be made of the Restricted Property, and no activity thereon shall be permitted, that may adversely affect the Conservation Values of the Property or otherwise interfere with the Purposes of this Restrictive Covenant. Declarant acknowledges that, in view of the perpetual nature of this Restrictive Covenant, it is unable to foresee all potential future land uses, future technologies, and future evolution of the land and other natural resources, and other future occurrences affecting the Purpose of this Restrictive Covenant. ACOE may determine whether (1) proposed uses or proposed improvements not contemplated by or addressed in this Restrictive Covenant or (2) alterations in existing uses or structures, are consistent with the Purpose of this Restrictive Covenant; (t)Creation of any encumbrance superior to this Restrictive Covenant, other than those encumbrances set forth in Exhibit "D" hereto, or the recording of any involuntary lien (which is not released within thirty calendar days), or the granting of any lease, license or similar possessory interest in the Restricted Property which will affect the Conservation Values of the Restricted Property. 5. Reserved Rights. Declarant reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Restricted Property, including the right to engage in or to permit or invite others to engage in all uses of the Restricted Property that are not expressly prohibited or limited by, and are consistent with, the Purpose of this Restrictive Covenant, including, but not limited to, the following uses: 6 (a)Access. Reasonable access through the Restricted Property to adjacent land or to perform obligations or other activities permitted by this Restrictive Covenant or that are required under the Approval Documents. In addition, police and other public safety organizations and their personnel may enter the Restricted Property to address any legitimate public health or safety matter. When and if the City assigns its rights and duties under this Restrictive Covenant to a conservation organization, the City may not assign to the conservation organization the duty to undertake construction, maintenance and monitoring of mitigated areas pursuant to the Mitigation Plan, i.e., the City will remain responsible for the Compensatory Mitigation obligations of the Approval Documents until Final Approval is obtained. In the event the City conveys its interest in the Restricted Property prior to completion of Compensatory Mitigation requirements, the City expressly reserves the right for it or its agents to enter the Restricted Property to perform such work thereon as is required to meet the Compensatory Mitigation obligations of the Approval Documents. (b)Habitat Enhancement Activities. Enhancement of native plant communities, including the right to plant trees and shrubs of the same type as currently existing on the Restricted Property, so long as such activities do not harm the habitat types identified in the Approval Documents or Mitigation Plan. For purposes of preventing erosion and reestablishing native vegetation, the Declarant shall have the right to revegetate areas that may be damaged by the permitted activities under this Section 5, naturally occurring events or by the acts of persons wrongfully damaging the Natural Condition of the Restricted Property. Prior to any habitat enhancement activities, Declarant shall have a Biological Monitor submit detailed plans to ACOE, CDFW, and USFWS for review and approval. Habitat enhancement activities shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, and permitting requirements. (c)Vegetation, Debris, and Exotic Species Removal. Removal or trimming of vegetation downed or damaged due to natural disaster, removal of man-made debris, removal of parasitic vegetation (as it relates to the health of the host plant) and removal of non-native or exotic plant or animal species. Vegetation, debris, and exotic plant species removal shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, and permitting requirements. (d)Erection and Maintenance of Informative Signage. Erection and maintenance of signage and other notification features saying "No Trespass" or similar descriptions that inform persons of the nature and restrictions on the Restricted Property. (e)No Interference with Development of Adjoining Property. Notwithstanding anything set forth herein to the contrary, nothing in this Restrictive Covenant is intended nor shall be applied to in any way limit Declarant or any of Declarant's successors and assigns from (1) constructing, placing, installing, and/or erecting any improvements upon the portions of the Parcel not constituting the Restricted Property, and /or (2) developing adjoining property for any purposes, except as limited by any local, state or federal permit requirements for such development and provided that for all of the above clauses, (1) and (2), neither such activity nor 7 any effect resulting from such activity amounts to a use of the Restricted Property, or has an impact upon the Restricted Property, that is prohibited by Section 4 above. (f)Fire Protection. The right, in an emergency situation only, to maintain firebreaks (defined as a strip of plowed or cleared land made to check the spread of a fire), trim or remove brush, otherwise perform preventative measures required by the fire department to protect structures and other improvements from encroaching fire. All other brush management activities, activities prohibited by Subsection 4(0, or other fire prevention measures suggested by the fire department, shall be limited to areas outside the Restricted Property. (g)Mitigation Plan. Notwithstanding anything herein to the contrary, the City may take any action required by the Mitigation Plan. Such actions may include, but are not limited to the following: (1) the City shall have the right to maintain, repair and or replace from time to time any or all of the vegetation planted as part of the Mitigation Plan and (2) the City may take actions consistent with the Mitigation Plan. 6. Enforcement. (a)Right to Enforce. Declarant, its successors and assigns, grant to ACOE, U.S. Department of Justice, and the State Attorney General a discretionary right to enforce these restrictive covenants in a judicial or administrative action against any person(s) or other entity (ies) violating or attempting to violate these restrictive covenants; provided, however, that no violation of these restrictive covenants shall result in a forfeiture or reversion of title. The U.S. Department of Justice and the State Attorney General shall have the same rights, remedies and limitations as ACOE under this Section 6. The rights under this Section are in addition to, and do not limit rights conferred in Section 2 above, the rights of enforcement against Declarant, its successor or assigns under the Section 404 Permit, or any rights of the various documents created thereunder or referred to therein. (b)Notice. (1)If ACOE determines Declarant is in violation of the terms of this Restrictive Covenant or that a violation is threatened, ACOE may demand the cure of such violation. In such a case, ACOE shall issue a written notice to Declarant (hereinafter "Notice of Violation") informing Declarant of the violation and demanding cure of such violation. Notice shall be provided according to Section 13 of this Restrictive Covenant. (2)Declarant shall cure the noticed violation within thirty (30) days of receipt of said written notice from ACOE. If said cure reasonably requires more than thirty (30) days, Declarant shall, within the thirty (30) day period submit to ACOE for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. If Declarant disputes the Notice of Violation, it shall issue a written notice of such dispute (hereinafter "Notice of Dispute") to the ACOE within thirty (30) days of receipt of written Notice of Violation. Notice shall be provided according to Section 13 of this Restrictive Covenant. (3)If Declarant fails to cure the noticed violation(s) within the time period(s) described in Subsection 6(b)(2) above, or Subsection 6(c) below, ACOE may bring an action at 8 law or in equity in a court of competent jurisdiction to enforce compliance by Declarant with the terms of this Restrictive Covenant. In such action, the ACOE may (i) recover any damages to which they may be entitled for violation by Declarant of the terms of this Restrictive Covenant, (ii) enjoin the violation, ex parte if necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or (iii) pursue other equitable relief, including, but not limited to, the restoration of the Restricted Property to the condition in which it existed prior to any such violation or injury. ACOE may apply any damages recovered to the cost of undertaking any corrective action on the Restricted Property. (4)If Declarant provides ACOE with a Notice of Dispute, as provided herein, ACOE shall meet and confer with Declarant at a mutually agreeable place and time, not to exceed thirty (30) days from the date that ACOE receives the Notice of Dispute. ACOE shall consider all relevant information concerning the disputed violation provided by Declarant and shall determine whether a violation has in fact occurred and, if so, whether the Notice of Violation and demand for cure issued by ACOE is appropriate in light of the violation. (5)If, after reviewing Declarant's Notice of Dispute, conferring with Declarant, and considering all relevant information related to the violation, ACOE determines that a violation has occurred, ACOE shall give Declarant notice of such determination in writing. Upon receipt of such determination, Declarant shall have thirty (30) days to cure the violation. If said cure reasonably requires more than thirty (30) days, Declarant shall, within the thirty (30) day period submit to ACOE for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. (c)Immediate Action. If ACOE determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Restricted Property, ACOE may immediately pursue all available remedies, including injunctive relief, available pursuant to both this Restrictive Covenant and state and federal law. ACOE may immediately pursue all available, remedies without waiting for the expiration of the time periods provided for cure or Notice of Dispute as described in Subsection 6(b)(2). The written notice pursuant to this paragraph may be transmitted to Declarant by facsimile. The rights of ACOE under this paragraph apply equally to actual or threatened violations of the terms of this Restrictive Covenant. Declarant agrees that the remedies .at law for ACOE for any violation of the terms of this Restrictive Covenant are inadequate and that ACOE shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which ACOE may be entitled, including specific performance of the terms of this Restrictive Covenant, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Subsection 6(c) shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. (d)Costs of Enforcement. Declarant shall bear all costs incurred by ACOE, where ACOE is the prevailing party, in enforcing the terms of this Restrictive Covenant against Declarant. These costs include, but are not limited to, the following: costs of suit and attorneys' and experts' fees, and any costs for restoration necessitated by Declarant's negligence or breach of this Restrictive Covenant. 9 (e)Enforcement Discretion. Enforcement of the terms of this Restrictive Covenant shall be at the discretion of ACOE. Any forbearance by ACOE to exercise rights under this Restrictive Covenant in the event of any breach of any term of this Restrictive Covenant by Declarant shall not be deemed or construed to be a waiver by ACOE of such term or of any subsequent breach of the same or any other term of this Restrictive Covenant or of any of the rights of ACOE under this Restrictive Covenant. No delay or omission by ACOE in the exercise of any right or remedy upon any breach by Declarant shall impair such right or remedy or be construed as a waiver. Further, nothing in this Restrictive Covenant creates a non-discretionary duty upon ACOE to enforce its provisions, nor shall deviation from the terms and procedures or failures to enforce its provisions give rise to a private right of action against ACOE by any third party. (f)Acts Beyond Declarant's Control. Nothing contained in this Restrictive Covenant shall be construed to entitle ACOE to bring any action against Declarant for any injury to or change in the Restricted Property resulting from: (1)Any natural cause beyond Declarant's control, including without limitation, fire not caused by Declarant, flood, storm, and earth movement; or (2)Any prudent action taken by Declarant under emergency conditions to prevent, abate, or mitigate significant injury to persons and/or the Restricted Property resulting from such causes, provided that once the emergency has abated, Declarant, its successors or assigns promptly take all reasonable and necessary actions required to restore any damage caused by Declarant's actions to the Restricted Property to the condition it was in immediately prior to the emergency; or (3)Acts of third parties (including any governmental agencies) that are beyond Declarant's control. Notwithstanding the foregoing, Declarant must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Restrictive Covenant and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. 7.Access. This Restrictive Covenant does not convey a general right of access to the public. 8.Costs and Liabilities. (a) Declarant, or its successor or assign retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Restricted Property. Declarant agrees ACOE shall not have any duty or responsibility for the operation, upkeep, or maintenance of the Restricted Property, the monitoring of hazardous conditions thereon, or the protection of Declarant, the public or any third parties from risks relating to conditions on the Restricted Property. Declarant, its successor or assign remains solely responsible for obtaining any applicable governmental permits and approvals for any 10 activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, codes, ordinances, rules, regulations, orders and requirements. (b) Declarant, or its successors and assigns shall hold harmless, protect and indemnify ACOE and its respective directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (each a "Third- Party Beneficiary Indemnified Party" and collectively, "Third-Party Beneficiary Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation reasonable attorneys' fees and experts' fees), causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively, "Claims"), arising from or in any way connected with injury to or the death of any person, or physical damage to any property, regardless of cause. 9.Taxes; No Liens. If applicable, Declarant, its successor or assign shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Parcel by competent authority, including any taxes imposed upon, or incurred as a result of, this Restrictive Covenant, and agrees to furnish ACOE with satisfactory evidence of payment upon request. Declarant shall keep the Restricted Property free from any lien (other than a security interest that is expressly subordinate to this Restrictive Covenant, as provided in Subsection 17(i)) including those arising out of any obligations incurred by Declarant or any labor or materials furnished or alleged to have been furnished to or for Declarant at or for use on the Restricted Property. 10.Condemnation. Pursuant to Code of Civil Procedure section 1240.055, this Restrictive Covenant is "property appropriated to public use," as used in Article 6 (commencing with section 1240.510) and Article 7 (commencing with section 1240.610) of Chapter 3 of Title 7 of the California Code of Civil Procedure. A person authorized to acquire property for public use by eminent domain shall seek to acquire the Restricted Property, if at all, only as provided in Code of Civil Procedure section 1240.055. If any person seeks to acquire the Restricted Property for public use, Declarant shall provide notice to the ACOE and comply with all obligations of the holder of a conservation easement under Code of Civil Procedure section 1240.055. If the Restrictive Covenant is condemned, the net proceeds from the condemnation shall be used in compliance with California Government Code section 65966(j), and the location of the replacement property is subject to approval by ACOE, and within six (6) months of acquiring the replacement property, Declarant shall record a restrictive covenant over the replacement property, in a form approved by ACOE. 11.Assignment and Subsequent Transfers. (a) Declarant agrees to incorporate the terms of this Restrictive Covenant in any deed or other legal instrument by which Declarant divests itself of any interest in all or a portion of the Restricted Property. Declarant, its successor or assign agrees to (i) incorporate by reference to the title of and the recording information for this Restrictive Covenant in any deed or other legal instnunent by which each divests itself of any interest in all or a portion of the Restricted Property, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Restrictive Covenant. Declarant, its successor or 11 assign agrees to give written notice to ACOE of the intent to transfer any interest at least sixty (60) days prior to the date of such transfer. Any subsequent transferee shall be deemed to have assumed the obligations of this Restrictive Covenant and to have accepted the restrictions contained herein. The failure of Declarant, its successor or assign to perform any act provided in this Section shall not impair the validity of this Restrictive Covenant or limit its enforceability in any way. (b) From and after the date of any transfer of all or any portion of the Restricted Property by Declarant and each transfer thereafter, (i) the transferee shall be deemed to have assumed all of the obligations of Declarant as to the portion transferred, as set forth in this Restrictive Covenant, (ii) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (iii) the transferor, as applicable, shall have no further obligations hereunder, except for the obligations set forth above in Section 3 related to Compensatory Mitigation and Subsection 17(f), and (iv) all references to Declarant in this Restrictive Covenant shall thereafter be deemed to refer to such transferee. 12. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and be served personally or sent by first class mail, postage prepaid, addressed as follows: To Declarant: With a copy to: To ACOE: Daniel Zimny Associate Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 District Counsel U.S. Army Corps of Engineers 915 Wilshire Blvd, Room 1535 Los Angeles, CA 90017-3401 or to such other address as either party shall designate by written notice to the other. Notice shall be deemed effective upon delivery in the case of personal delivery or, in the case of delivery by first class mail, five (5) days after deposit into the United States mail. The parties agree to accept facsimile signed documents and agree to rely upon such documents as if they bore original signatures. Each party agrees to provide to the other parties, within seventy-two (72) hours after transmission of such a facsimile, the original documents that bear the original signatures. If the Restrictive Covenant is assigned, the assignment document shall update the Notices provisions. When the underlying fee for the Restricted Property is conveyed, the successor shall record a document entitled Restrictive Covenant/Change of Notices Provisions. 12 13. Amendment. Declarant may amend this Restrictive Covenant only after written concurrence by ACOE. Any such amendment shall be consistent with the Purpose of this Restrictive Covenant and shall not affect its perpetual duration. Declarant shall record any amendments to this Restrictive Covenant approved by ACOE in the official records of San Diego County, California, and shall provide a copy of the recorded document to ACOE. 14. Long-Term Maintenance. (a)Upon Final Approval, Declarant shall be responsible for in-perpetuity, ongoing, long-term maintenance of the Restricted Property. Such long-term maintenance shall include but shall not be limited to the following activities: (1) no less than annually, removal of trash or manmade debris, preferably by hand or the least impactive method reasonably feasible, (2) annual maintenance of signage and other notification features or similar descriptions, as applicable, installed pursuant to Subsection 3(f). (b)Declarant shall be responsible for annual restoration of the Restricted Property damaged by any activities prohibited by Subsections 4 (a) - (t) herein. (c)Declarant shall prepare a monitoring and maintenance report documenting activities performed under Subsection 14(a) above, and shall make reports available to ACOE upon request. (d)When activities are performed pursuant to Subsection 14(b) above, Declarant shall retain a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Declarant shall have its Biological Monitor submit a draft Restoration Plan to ACOE for review and approval prior to its implementation. Upon completion of restoration as specified in the approved Restoration Plan, Declarant shall have its Biological Monitor prepare a detailed monitoring report, and Declarant shall make the report available to ACOE within thirty (30) days of completion of restoration activities. Declarant and the Biological Monitor shall sign the monitoring report. The report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Declarant, or its contractor in accordance with the approved Restoration Plan, and the corrections recommended and implemented. 15. Recordation. Declarant, its successor or assign shall promptly record this instrument in the official records of San Diego County, California, and provide a copy of the recorded document to ACOE. 16. Estoppel Certificate. Upon request, ACOE shall within fifteen (15) days execute and deliver to Declarant, its successor or assign a letter confirming that (a) this Restrictive Covenant is in full force and effect, and has not been altered, amended, or otherwise modified (except as specifically noted in the letter), (b) there are no pending or threatened enforcement actions against Declarant except as disclosed in the letter, (c) to the knowledge of the ACOE, there are no uncured violations under the Restrictive Covenant, and no facts or circumstances exist that, with the passage of time, could constitute a violation under the Restrictive Covenant, except as disclosed in the letter. 13 17. General Provisions. (a)Controlling Law. The laws of the United States and the State of California, disregarding any conflicts of law principles of such state, shall govern the interpretation and performance of this Restrictive Covenant. (b)Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Restrictive Covenant shall be liberally construed in favor of the deed to accomplish the Purpose of this Restrictive Covenant. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the Purpose of this Restrictive Covenant that would render the provision valid shall be favored over any interpretation that would render it invalid. (c)Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a court of competent jurisdiction voids or invalidates the application of any provision of this Restrictive Covenant to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d)No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Declarant's title in any respect (e)Successors and Assigns. The covenants, terms, conditions, and restrictions of this Restrictive Covenant shall be binding upon, and inure to the benefit .of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Restricted Property. The covenants hereunder also benefit ACOE, as a third party beneficiary of this Restrictive Covenant. Termination of Rights and Obligations. Except as otherwise expressly set forth in this Restrictive Covenant and provided the transfer was consistent with the terms of this Restrictive Covenant, a party's rights and obligations under this Restrictive Covenant shall terminate upon transfer of the party's interest in the Restrictive Covenant or Restricted Property (respectively), except that liability for acts or omissions occurring prior to transfer shall survive transfer. However, in those provisions where the term "City" is used in this Restrictive Covenant, and not the term "Declarant," those provisions shall be called "Specific Obligations" and shall apply exclusively to the City and shall not be transferred to the conservation organization upon conveyance of the City interest in the Restrictive Covenant or Restricted Property. If the City conveys its interest in the Project to a bona fide purchaser, the Specific Obligations are assumed by such bona fide purchaser by virtue of this Restrictive Covenant. (g)Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (h)No Hazardous Materials Liability. (1) Declarant represents and warrants that to Declarant's actual knowledge there has been no release or threatened release of Hazardous Materials (defined below) or 14 underground storage tanks existing, generated, treated, stored, used, released, disposed of, deposited or abandoned in, on, under, or from the Restricted Property, or transported to or from or affecting the Restricted Property. Without limiting the obligations of Declarant under Subsection 8(b) herein, Declarant hereby releases and agrees to indemnify, protect and hold harmless the Third Party Beneficiary Indemnified Parties (defined in Subsection 8(b)) against any and all Claims (defined in Subsection 8(b)) arising from or connected with any Hazardous Materials or underground storage tanks present, alleged to be present, released in, from or about, or otherwise associated with the Restricted Property at any time, except any Hazardous Materials placed, disposed or released by ACOE. This release and indemnification includes, without limitation, Claims for (i) injury to or death of any person or physical damage to any property; and (ii) the violation or alleged violation of, or other failure to comply with, any Environmental Laws (defined below). (2) Despite any contrary provision of this Restrictive Covenant, the parties do not intend this Restrictive Covenant to be, and this Restrictive Covenant shall not be, construed such that it creates in or gives ACOE any of the following: (i)The obligations or liabilities of an "owner" or "operator," as those terms are defmed and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or (ii)The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4); or (iii)The obligations of a responsible person under any applicable Environmental Laws; or (iv)The right or duty to investigate and remediate any Hazardous Materials associated with the Restricted Property; or (v)Any control over Declarant's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Restricted Property. (3) The term "Hazardous Materials" includes, without limitation, (i) material that is flammable, explosive or radioactive; (ii) petroleum products, including by- products and fractions thereof; and (iii) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defmed in CERCLA, the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after the date of this Restrictive Covenant. (4) The term "Environmental Laws" includes, without limitation, any federal, state, local or administrative agency statute, code, ordinance, rule, regulation, order or 15 requirement relating to pollution, protection of human health or safety, the environment or Hazardous Materials. Declarant represents, warrants and covenants to ACOE that all activities upon and use of the Restricted Property by Declarant, its agents, employees, invitees and contractors will comply with all Environmental Laws. (i)Additional Interests. Declarant shall not grant any additional easements, rights of way or other interests in the surface or subsurface of the Restricted Property (other than a security interest that is subordinate to this Restrictive Covenant), or grant or otherwise abandon or relinquish any water rights relating to the Restricted Property, without first obtaining the written consent of ACOE. ACOE may withhold such consent if it determines that the proposed interest or transfer is inconsistent with the Purpose of this Restrictive Covenant or will impair or interfere with the Conservation Values of the Restricted Property. This Section shall not prohibit transfer of a fee or leasehold interest in the Restricted Property that is subject to this Restrictive Covenant and complies with Section 11. Declarant, its successors and assigns shall record any additional easements or other interests in the Restricted Property approved by the ACOE in the official records of San Diego County, California, and provide a certified copy of the recorded document to the ACOE. (j)ACOE Benefited Party. Except for Subsection 17(e), the terms of this Restrictive Covenant are for the benefit of the ACOE only and are not for the benefit of any other party. (k)Extinguishment. If circumstances arise in the future that render the Purpose of the Restrictive Covenant impossible to accomplish, the Restrictive Covenant can only be terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction. (1) Warranty. Declarant represents and warrants that Declarant is the sole owner of fee simple title to the Restricted Property. Declarant also represents and warrants that, except as specifically disclosed to and approved by ACOE, the Restricted Property is not subject to any other conservation easement and there are no outstanding mortgages, liens, encumbrances or other interests in the Restricted Property (including, without limitation, water and mineral interests) that may conflict or are otherwise inconsistent with this Restrictive Covenant and which have not been expressly subordinated to this Restrictive Covenant by a recorded subordination agreement approved by ACOE. (m)Change of Conditions. If one or more of the Purpose of this Restrictive Covenant may no longer be accomplished, such failure of purpose shall not be deemed sufficient cause to terminate the entire Restrictive Covenant as long as any other purpose of the Restrictive Covenant may be accomplished. In addition, the inability to carry on any or all of the permitted uses, or the unprofitability of doing so, shall not impair the validity of this Restrictive Covenant or be considered grounds for its termination or extinguishment. Declarant agrees that global warming and climate change-caused effects shall not be a basis for termination of this Restrictive Covenant. (n)Permanent Endowment. The City currently owns and operates lands in the Lake Calavara Mitigation Parcel, a 266-acre property in the northern portion of the City of Carlsbad, which serves as a municipal mitigation bank for City projects requiring mitigation in the City (including the subject Project). Management and monitoring is provided by Center for Natural 16 Lands Management (CNLM). A formal Mitigation Bank Agreement has not yet been finalized by the City and Wildlife Agencies for this mitigation bank. A formal Agreement will permanently protect the site and ensure continued management and monitoring. Because no money will exchange hands and because both projects and mitigation land will involve only the City, the Agencies have given the City approval to pre-debit mitigation credits while the Agreement is being finalized. The City intends to file a Restrictive Covenant Agreement in lieu of a Conservation Easement because the City cannot grant a Conservation Easement to itself. Essentially, the Restrictive Covenant will secure the lands in an equivalent manner as a Conservation Easement. This Restrictive Covenant will apply to all lands within the Lake Calavera Mitigation Parcel, not solely for those areas intended as mitigation for this specific project. As such, perpetual maintenance by CNLM precludes the need for an endowment for the subject Project. (o) Exhibits. The following Exhibits referenced in this Restrictive Covenant arc attached to and incorporated by reference in it: Exhibit A — Legal Description of Parcel Exhibit B — Legal Description and Depiction of Restricted Property Exhibit C — Mitigation Plan Exhibit D — Preliminary Title Reports Exhibit E — Map of Present Natural Condition of the Restricted Property * * Signatures on following page. * * * 17 IN WITNESS WHEREOF Declarant has executed this Restrictive Covenant as of the day and year first above written and agrees to be bound by the terms and provisions hereof. "Declarant" City of Carlsbad, A municipal corporation Name: let.W11---r- VW. Title: InAfti Date: Name: Title: Date: APPROVED AS TO FORM Celia Brewer, City Attorney [ATTACH NOTARY ACKNOWLEDGEMENT] 18 MIA MONIQUE DE MAR/13 Notary Public - California San Diego County Commission # 2296662 My Comm. Expires Jut 12, 2023 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Sin Di-e:go On ctloOrOn ‘• UZI before me, 0("1 6 00AZ De, (Y-1 r 7:36 , RA91/6 Date Here Insert Name and Title of the Officer C—C ItA, Acchte,, '"• Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. personally appeared WITNESS my hand and official seal. Signatur6-9Y1V6loi_acxha. Signature of Notaryblic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document CNehayyr Title or Type of Document: t1;.ViAlrottitIvIef69-e,3-1 Document Date: Number of Pages: Signer(s) Other Than Named Above: 03\ 12o-2-1 Capacity(ies) Claimed by Signer(s) Signer's Name: Li Corporate Officer — Title(s): ri Partner — CI Limited U General Li Individual Ti Attorney in Fact Ti Trustee II Guardian or Conservator Ti Other: Signer Is Representing: Signer's Name: FT Corporate Officer — Title(s): L Partner — L Limited L General 17 Individual 17 Attorney in Fact Li Trustee L Guardian or Conservator Ti Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 RAVIN BRIANNE MCCAULEY Notary PubJc - California Dulgo County Commission # 2284647 My Comm. Expfres Apr 8, 2023 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 O,/\ eir On MSW(A/•- Zital before me, Date personally appeared 001\A eViAlAvu- IkAaskAA Here Insert Name and Title of the Offic r I\Jo/a,() ie.- Mivg RO\ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personci) whose name( is/a,6 subscribed to the within instrument and acknowledged to me that he/si4e/tVey executed the same in his/fe4r/tir authorized capacity(is), and that by his/hKr/tVeir signature() on the instrument the person(, or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Corporate Officer — Title(s): O Partner — 0 Limited D General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer is Representing: Signer's Name: O Corporate Officer — Title(s): 0 Partner — D Limited 0 General O Individual ID Attorney in Fact O Trustee o Guardian or Conservator O Other: Signer is Representing: ©2018 National Notary Association EXHIBIT A 19 EXHIBIT "A" LEGAL DESCRIPTION VESTING: CITY OF CARLSBAD APN: 168-040-02 ROMERIA STREET MITIGATION PARCEL THAT PORTION OF LOT D OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271.;. THENCE NORTH 59°48'44" EAST 587.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 60°26'26" EAST 127.64 FEET TO A POINT OF CUSP WITH A NON- TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 5.00 FEET A RADIAL LINE TO WHICH BEARS NORTH 35°53'02" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78°53'59" AN ARC LENGTH OF 6.89 FEET; THENCE SOUTH 24°47'01" EAST 27.59 FEET; THENCE NORTH 84°28'55" EAST 22.46 FEET; THENCE SOUTH 62°18'41" WEST 136.67 FEET; THENCE NORTH 30°30'13" WEST 31.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81°03'45" AN ARC LENGTH OF 7.07 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,635 SQUARE FEET MORE OR LESS. IVECHAEL SCHLUMPBERGER, LS 7790 DATE 00406e-e— &9, SIGNATURE VESTING; CITY OF CARLSBAD APN: 168-020-65 LA COSTA AVENUE MITIGATION PARCEL THAT PORTION OF LOT D OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON MAP 823 FILED NOVEMBER 16, 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-092 AS SHOWN ON RECORD OF SURVEY 17271 RECORDED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT NORTH 76°25'46" EAST 2570.36 FEET FROM CITY OF CARLSBAD SURVEY CONTROL MONUMENT CLSB-090 AS SHOWN ON SAID RECORD OF SURVEY 17271; THENCE NORTH 60°40'38" EAST 5138.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00°00'00" EAST 60.74 FEET; THENCE NORTH 90°0000" EAST 108.30 FEET; THENCE SOUTH 0000'00" WEST 60.74 FEET; THENCE SOUTH 9000'00" WEST 108.30 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 6,578 SQUARE FEET MORE OR LESS. ALL DISTANCES DESCRIBED HEREON ARE GRID DISTANCES (MULTIPLY BY 1.00005443296 FOR GROUND DISTANCES). ALL BEARINGS DESCRIBED HEREON ARE BASED UPON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD-83 (1991.35 EPOCH) AS SHOWN ON SAID RECORD OF SURVEY 17271. ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT 'B'. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. EXHIBIT "A" LEGAL DESCRIPTION ASSESSOR PARCEL NUMBER: 223-120-33 VESTING: CITY OF CARLSBAD, A MUNICIPAL CORPORATION PARCEL I PERMANENT EASEMENT THAT PORTION OF LOT 23 OF LA COSTA VALE UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP 7457 THEREOF, RECORDED OCTOBER 18, 1972 AS FILE NO. 279993 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 23; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 23 SOUTH 68°34'25" WEST 29.88 FEET TO THE EASTERLY LINE OF THAT 12.00 FOOT WIDE DRAINAGE EASEMENT RECORDED MAY 18, 1969 AS FILE NO. 211764 AS SHOWN ON SAID MAP 7457; THENCE LEAVING SAID NORTHERLY LINE, ALONG SAID EASTERLY LINE SOUTH 21°25'35' EAST 31.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 21°25'35" EAST 8.03 FEET TO THE EASTERLY LINE OF THAT 12.00 FOOT WIDE DRAINAGE EASEMENT DEDICATED ON SAID MAP 7457, BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 206.00 FEET; THENCE LEAVING SAID EASTERLY LINE OF SAID DRAINAGE EASEMENT RECORDED MAY 18, 1969, ALONG SAID EASTERLY LINE OF SAID DRAINAGE EASEMENT DEDICATED ON SAID MAP 7457 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 6°52'12" AN ARC LENGTH OF 24/0 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 14°33'23" EAST 78.47 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 76°39'26" EAST 5.05 FEET; THENCE NORTH 14°40'16" WEST 12.24 FEET; THENCE NORTH 14°29'01" WEST 99,38 FEET; THENCE SOUTH 72°12'32" WEST 7.60 FEET TO SAID EASTERLY LINE OF SAID DRAINAGE EASEMENT RECORDED MAY 18, 1969 AND THE TRUE POINT OF BEGINNING. TOGETHER WITH: PARCEL 2 PERMANENT EASEMENT THAT PORTION OF LOT 23 OF LA COSTA VALE UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP 7457 THEREOF, RECORDED OCTOBER 18, 1972 AS FILE NO. 279993 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 23, Page 1 of 2 THENCE ALONG THE NORTHERLY LINE OF SAID LOT 23 SOUTH 68°34'25" WEST 41.88 FEET TO THE WESTERLY LINE OF THAT 12.00 FOOT WIDE DRAINAGE EASEMENT RECORDED MAY 18, 1969 AS FILE NO. 211764 AS SHOWN ON SAID MAP 7457; THENCE LEAVING SAID NORTHERLY LINE, ALONG SAID WESTERLY LINE SOUTH 21°25'35' EAST 31.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 21°25'35" EAST 8.79 FEET TO THE WESTERLY LINE OF THAT 12.00 FOOT WIDE DRAINAGE EASEMENT DEDICATED ON SAID MAP 7457, BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 194.00 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID DRAINAGE EASEMENT RECORDED MAY 18, 1969, ALONG SAID WESTERLY LINE OF SAID DRAINAGE EASEMENT DEDICATED ON SAID MAP 7457 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 6°52'12" AN ARC LENGTH OF 23.26 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 14°33'23" EAST 61.38 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 76°03'24" EAST 14.27 FEET; THENCE NORTH 16°30'51" WEST 92.37 FEET; THENCE NORTH 72°12'32" EAST 15.01 FEET TO SAID WESTERLY LINE OF SAID DRAINAGE EASEMENT RECORDED MAY 18, 1969 AND THE TRUE POINT OF BEGINNING. CONTAINING 2039 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT "B". THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT MICHAEL L. SCHLUMPBERGER, PLS 7790 / Off Zal 7 DATE Page 2 of 2 EXHIBIT B 20 EXHIBIT SCALE 1"=1000' CLSB— 092 ROD IN WELL MONUMENT IN THE WEST END OF THE DAM FOR LAKE CALAVERA N 2007023.327' E 6244235.201' 1991.35 EPOCH AS SHOWN ON ROS 17271 CLSB— 090 2-1/2" BRASS DISC STAMPED CLSB— 090 LS6215 IN MEDIAN ISLAND CURB OF COLLEGE BOULEVARD 90' NORTH OF THE CENTER OF CARLSBAD VILLAGE DRIVE. N 2006420.205' E 6241736.598' 1.991.35 EPOCH AS SHOWN ON ROS 17271 APN: 168-040-02 APN: 168-020-65 ROMERIA SITE SHEET 2 46'E 2510' CLSB— 090 CLSB — 092 LAKE BOULEVARD LA COSTA SITE SHEET 3 BAK CNC AMA HIEDHCABA MAP 823 LOT LAND so CH L -1- (6 0 ‘z• .7c) 5 No. 7790 A, Exp 12/31/15 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. BEARINGS SHOWN HEREON ARE BASE ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD 83 (1991.35 EPOCH) AS SHOWN ON ROS 17271 .2/.g -f2g 69 • • MICHAEL L. SCHLUMPBERGER, PLS 7790 Right—Of—Way Engineering Services, Inc. 615 S. Tremont Street • Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 Fife Name: RO Costa Edsernent base map.dwg job N o. 1505-0017-07 DISTANCES SHOWN HEREON ARE GRID. • DISTANCES, MULTIPLY BY 1.00005443296 FOR GROUND DISTANCES. CITY OF CARLSBAD VESTING: CITY OF CARLSBAD DATE: OCTOBER 30, 2015 SHEET 1 OF 3 A=81'03'45 0. R=5.00' L=7.07` LO7 MAP 823 CLSB-092 SCALE 14=30' 11 A=78'53'59" tp L=6.89' N35'53'02"W (R) EIMNBA RANCHO AGUA j"N84'28.55"E 22.46L- ROMERIA MITIGATION PARCEL 4,635 SO.FT. TE 6- EXHIBIT 13' ASSESSOR'S PARCEL NO: 168-040--02 CITY OF CARLSBAD VESTING: CITY OF CARLSBAD DATE: OCTOBER 30, 2015T SHEET 2 OF 3 SCALE 1"=.-30' EXHIBIT 'B' LAKE BOULEVARD N90'00'00"E 108.30' LA COSTA MITIGATION PARCEL 6,578 SO.FT. S90'00'00''W 108.30' HAMM AKA NEMOMPI LOT 0 krkg 823 ASSESSOR'S PARCEL NO: 168-020-65 CITY OF CARLSBAD VESTING: CITY OF CARLSBAD nATF• Clr.TORFR 9n15 SI-IFFT 500'00'00"W 60.74' "=15D' SCALE THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE TH THE PROFESSIONAL LAND SURVEYOR'S ACT. ,4p ,-,J Z/5 Zo/ MICHAEL L. SCHLUMPBERGER, PLS 7790 Right—Of—Way Engineering Services, Inc. 615 S. Tremont Street • Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 File Name: RU .Costa Easement base map. dwg Job No. 1612-0049-07 CITY OF CARLSBAD VESTING: CITY OF CARLSBAD, A MUNICIPAL CORPORATION DATE: APRIL 21, 2017 j SHEET 1 OF 2 c.. OF 12' WIDE DRAINAGE EASEMENT TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1, RECORDED MAY 18, 1969 AS FILE NO. 211764 AS SHOWN ON MAP 7457. EXH a T 11-, 9 LC)) P.O.C. NE CORNER LOT 23 S6 4\ .40 ,d SCALE 1"=20' T.P.O.B: PARCEL 1 S7212'32"W 7.60' T.P.O.B. PARCEL 2 N7212.32"E 15.01' AP 7457 OPEN SPACE EASEMENT OVER ALL OF LOT 23 DEDICATED ON MAP 7457. r•.) rob Ot LINE TABLE L1 S21°25'35"E 8.03' u4 co L2 821°25'35"E 8.79' CURVE TABLE Cl A=6'52'12" R=206.00' L=24.70' C2 A=6*52'12" R=194.00' L=23.26' 23 N76°03'24nE 14.27' N14•40'16"W 12.24' OF A 12' WIDE DRAINAGE EASEMENT DEDICATED ON MAP 7457. N76'39'26E 5.05' DENOTES AREA OF MITIGATION EASEMENT 2,039 SQUARE FEET MORE OR LESS CITY OF CARLSBAD VESTING: CITY OF CARLSBAD, A MUNICIPAL • CORPORATION DATE: APRIL 21, 2017 SHEET 2 OF 2 EXHIBIT C 21 MITIGATION AND MONITORING PLAN AND TECHNICAL SPECIFICATIONS ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT CITY OF CARLSBAD SAN DIEGO COUNTY, CALIFORNIA LSA March 2015 MITIGATION AND MONITORING PLAN AND TECHNICAL SPECIFICATIONS ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT CITY OF CARLSBAD SAN DIEGO COUNTY, CALIFORNIA Prepared for: Sherri Howard City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008-7314 Prepared by: LSA Associates, Inc. 703 Palomar Aitport Road, Suite 260 Carlsbad, California 92011 (760) 931-5471 LSA Project No. HCR0801C LSA March 2015 TABLE OF CONTENTS INTRODUCTION 1 Romeria Street Drainage Repair Project La Costa Avenue Slope Repair Project 1 PROJECT DESCRIPTION, BASELINE, HISTORY, AND MITIGATION SITE SELECTION 1 PROPOSED PROJECT OBJECTIVES 2 Romeria Street Drainage Repair Project La Costa Avenue Slope Repair Project 2 CONSTRUCTION DESCRIPTION 5 Romeria Street Drainage Repair Project 5 La Costa Avenue Slope Repair Project 6 RESPONSIBLE PARTY 7 Project Biologist 7 Landscaping Contractor 7 JURISDICTIONAL IMPACTS 8 Romeria Street Drainage Repair Project 8 La Costa Avenue Slope Repair Project 8 MITIGATION WORK PLAN 12 Romeria Street Drainage Repair Project 12 La Costa Avenue Slope Repair Project 12 Exotic Species Removal 12 Implementation of Mitigation 14 Schedule 14 Weed/Exotic Plant Eradication 14 Installation of Cuttings 15 Onsite Single-Year Maintenance Program (for Temporary Impacts) 15 Offsite Five-Year Maintenance Program (for Permanent Impacts) 15 PLANTING PLAN 16 Plant Materials 16 Cuttings 16 Planting Technique 16 Irrigation 16 ADAPTIVE MANAGEMENT/WARRANTY PERIOD 18 Final Acceptance 18 MAINTENANCE 18 On site Single-Year Maintenance Activities (for Temporary Impacts) 18 Offsite Five-Year Maintenance Activities (for Permanent Impacts) 18 MONITORING REQUIREMENTS AND PERFORMANCE STANDARDS 20 Performance Standards for the Five-Year Maintenance Program 20 Ultimate Perfon-nance Standards 21 PATICR0801 - Romeria St\HCR0801C-Iviitigadon PlanWitigation Plan_Fina1_031815.doc (3/18/2015) LSA ASSOCIATES, INC. MITIGATION AND MONITORING PLAN MARCH 2015 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS Monitoring Methods 21 MEASUREMENT AND PAYMENT 23 Mobilization 23 Invasive Weed Eradication 23 Installation of Cuttings, Container Plants, and Seed 23 Maintenance 23 Retention Payment 24 FINANCIAL ASSURANCES AND SITE PROTECTION INSTRUMENTS 24 FIGURES Figure 1: Project Location Map 3 Figure 2: Habitat Management Plan Location Map 4 Figure 3a: Proposed Onsite Mitigation 9 Figure 3b: Proposed Offsite Mitigation 10 Figure 3c: Additional Proposed Offsite Mitigation 11 Figure 4: Site Photos 13 Figure 5: Cutting Planting Detail 17 TABLES Table A: Summary of Potential Jurisdiction 8 ATTACHMENTS Attachment A: Restrictive Covenant Template PAHCR0801 - Romeria SOHCR0801C-Mitigation Plan'alitigation Planjinal_031815.doc (3/18/2015) LI . LSA ASSOCIATES. INC. MITIGATION AND MONITORING PLAN MARCH 2015 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS INTRODUCTION This mitigation plan includes a combined mitigation strategy for two discrete projects located in close geographic proximity to one another. This approach has been conceptually accepted by resource agencies during ongoing discussions and pre-application meetings. The Romeria Street Drainage Repair Project and the La Costa Avenue Slope Repair Project are both discussed in this document. Romeria Street Drainage Repair Project The City of Carlsbad (City) proposes to remove and replace an existing concrete-lined channel, splash wall, headwall, and two brow ditches and to install new slope protection in order to ensure the channel functions adequately for flood control. The project is necessary to complete the Master Drainage and Storm Water Quality Management Plan and is a covered project as listed in Appendix B of the City of Carlsbad Habitat Management Plan (HMP). The project takes place on a drainage easement on City-owned property. Additionally, the City will install an all-weather, permanent maintenance access ramp and pad to replace the current access from Levante Street. The project study area addressed in this report includes 360 linear feet of concrete channel, 130 feet of brow ditch, and a buffer of surrounding habitat approximately 200 feet west of the concrete-lined channel that extends to the boundaries of the adjacent properties on the east side of the concrete-lined channel. This plan addresses the area upstream of the culvert under La Costa Avenue. La Costa Avenue Slope Repair Project The City proposes to repair a failed slope on the southern side of La Costa Avenue between Gibraltar and Romeria Streets in Carlsbad, California. The project is necessary to prevent the slope from further sloughing, a scenario that would endanger the residents inhabiting houses to the north, directly across the street; houses to the south, at the top of the slope; and motorists and pedestrians traveling on La Costa Avenue. This plan has been prepared pursuant to the California Environmental Quality Act (CEQA) and addresses the requirements of the Federal Endangered Species Act (FESA) of 1973, the Federal Clean Water Act (CWA), the California Fish and Game Code, the California Endangered Species Act (CESA), and the H1VIP. This plan has been prepared for use by the United States Army Corps of Engineers (Corps), the Regional Water Quality Control Board (RWQCB), the California Department of Fish and Game (CDFG), and the United States Fish and Wildlife Service (USFWS) as part of their review of applications for permit authorization. Additionally, this plan will help the City to retain a monitoring biologist and landscape contractor to implement this plan. This plan addresses impacts to jurisdictional waters. Mitigation for impacts to other habitat types is addressed through compliance with the City's 1LVIP and is documented in the CEQA Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) on file with the City. PROJECT DESCRIPTION, BASELINE, HISTORY, AND MITIGATION SITE SELECTION The project is located near the intersection of La Costa Avenue and Romeria Street in the City of Carlsbad, San Diego County, California, as shown on the United States Geological Survey (USGS) PATICR0801 - Romeria SATICR080 IC-Mitigation Plan \Mitigation Plao_Final 031815.doc (3/18/2015) 1 LSA ASSOCIATES, INC. MITIGATION AND MONITORING PLAN MARCH 2011 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS Rancho Santa Fe, California 7.5-minute topographical quadrangle map (Figure 1). Specifically, the project is located in Section 36, Township 12 South, Range 4 West, San Bernardino Baseline and Meridian (SBBM). The project study area is located in a natural low point with an elevation of 115 feet above mean sea level (AMSL) at the upstream end to approximately 90 feet AMSL at the downstream end. Flows are conveyed in a concrete-lined swale in a northerly direction. The surrounding area consists of residential development. The project is bounded by vacant lots, residential development, and Romeria Street to the east, La Costa Avenue to the north, and vacant lands and residential development to the west and south. A reinforced concrete pipe (RCP) culvert with a 48-inch diameter pipe conveys storm flows from the concrete drainage under La Costa Avenue, where the drainage continues north approximately 850 feet and outlets into San Marcos Creek (Rick Engineering 2007). The majority of the project study area is located within a drainage easement on land owned by the City. The project is contained within a Hardline Preserve according to the HMP (Figure 2). The channel has been subject to undermining and has deteriorated since construction in 1972. Several portions of concrete lining are missing or severely damaged. The offsite mitigation site selected for the proposed impacts associated with project implementation was selected by the City and LSA for its location between two established restoration sites with existing appropriate hydrology and established vegetation. Additionally, the offsite mitigation site was selected because the area is preserved in perpetuity from future development. The site is located within the Lake Calavera Mitigation Parcel, which the City utilizes for mitigation for City projects. PROPOSED PROJECT OBJECTIVES Romeria Street Drainage Repair Project The City proposes to remove and replace the existing channel, splash wall, headwall, and two brow ditches, and to install new slope protection in order to ensure the channel provides adequate flood control for public safety and welfare. Construction and future maintenance access will be provided by an all-weather access ramp and pad from La Costa Avenue to the channel. Current maintenance access is from Levante Street, approximately 1,050 feet from the culvert and is not functional during wet weather conditions and is not within the drainage easement. Installation of an all-weather access road is a health, safety, and welfare requirement of the City to protect La Costa Avenue from flooding. The project was designed to minimize impacts to biological resources but is constrained by existing factors such as topography, location relative to existing roads, private property, and need for permanent maintenance access. The project takes place on a drainage easement on City-owned property. La Costa Avenue Slope Repair Project As stated above, the City proposes to repair a failed slope on the southern side of La Costa Avenue between Gibraltar and Romeria Streets in Carlsbad, California. The project is necessary to prevent the slope from further sloughing, a scenario that would endanger the residents inhabiting houses to the north, directly across the street; houses to the south, at the top of the slope; and motorists and pedestrians traveling on La Costa Avenue. PAHCR0801 - Romeria SMICR0801C-Mitigation PlanWlidgation Plaa_Final 031815.doc (3/18/2015) 2 PHOTO DOCUMENTATION REMOVED FOR RECORDATION PURPOSES. FULL REPORT AND PHOTOS ON FILE AT THE CITY OF CARLSBAD. PHOTO DOCUMENTATION REMOVED FOR RECORDATION PURPOSES. FULL REPORT AND PHOTOS ON FILE AT THE CITY OF CARLSBAD. LSA ASSOCIATES, INC. MITIGATION AND MONITORING PLAN MARCH 2015 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS CONSTRUCTION DESCRIPTION Romeria Street Drainage Repair Project The Romeria Street Channel Improvements replace 226 linear feet of brow ditch and 360 linear feet of concrete-lined channel. The original channel was constructed in 1972 as part of the La Costa Vale Unity No. 1 Project. The project also adds a more practical access than the existing access road from Levante Street. The existing access road to the channel is approximately 1,500 linear feet and is not an all-weather access road and is not within the drainage easement. The condition of the access road in the vicinity of La Costa Avenue has made it difficult and often times impossible for crews to properly maintain the channel. The project proposes an all-weather, porous-surfaced (reinforced gravel), access road off La Costa Avenue. The proposed access road is 100 feet long with turnaround appropriate for maintenance vehicles. The footprint of the proposed maintenance road is 3,000 square feet. The project will require construction equipment appropriate to work in a saturated soil condition. Traditional construction equipment will be used in the upland areas. It is anticipated that construction will take 90 working days. Construction activities will include removal of the existing damaged channel and brow ditch and removal of the top one foot of saturated soils. The saturated soils will be replaced by crushed rock to provide a stable work area for the installation of the concrete brow ditches and channel. Additionally, an all-weather access road will be constructed from La Costa Avenue. The all-weather access road will be constructed using a GravelPave product. GravelPa.ve will allow storm water to percolate through the open surface. The surface can be hydroseeded with vegetation that can accept vehicle traffic. All construction activities and staging will occur within the work area identified on the plans. Routine maintenance, largely consisting of trash debris and sediment removal, will occur approximately once a year on an as-needed basis. It is anticipated that construction will begin in fall 2012. The project will result in unavoidable impacts to upland habitat, streambed, and associated riparian habitat. A combination of nonnative species removal and habitat enhancement in the project area and offsite at the Lake Calavera Mitigation Parcel is proposed as mitigation to offset these jurisdictional impacts. This mitigation is designed to satisfy the expected requirements of the CDFG Lake and Streambed Alteration Agreement, the Corps Section 404 authorization, and the RWQCB Section 401 Water Quality Certification. Mitigation for impacts to other, non-jurisdictional, habitat types will be satisfied through compliance with the City's HMP. These impacts and mitigation measures are addressed in the CEQA IS/MND document and the MM:RP on file with the City. The scope of work described in this plan shall be conducted by a qualified landscape contractor or qualified City maintenance staff under supervision of the Project Biologist, who shall also be selected by the City. PATICR0801 - Romeria StECR0801C-Mitigation Planktvlitigatio» Plan_Mnal 031815.doc (3/18/2015) 5 LSA ASSOCIATES, INC. MARCH 2015 MITIGATION AND MONITORING PLAN ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT . AND TECHNICAL SPECIFICATIONS La Costa Avenue Slope Repair Project The City proposes to repair a failed slope on the southern side of La Costa Avenue between Gibraltar and Romeria Streets in Carlsbad, California. The project is necessary to prevent the slope from further sloughing, a scenario that would endanger the residents inhabiting houses to the north, directly across the street; houses to the south, at the top of the slope; and motorists and pedestrians traveling on La Costa Avenue. The project consists of the following activities: •Installation of a Temporary Environmental Fence: A temporary environmental fence (silt or snow fencing or similar) will be installed to delineate the project limits. •Site Preparation: Vegetation and other deleterious debris will be removed from the area to be graded. Tree stumps and roots will be removed to such a depth that organic material is generally not present. Clearing and grubbing will extend to the outside of the proposed excavation and fill areas. The debris and unsuitable material generated during clearing and grubbing will be removed from the area and legally disposed of at dumpsite away from the project. •Excavation of Existing Landslide Material: Landslide material will be removed from the slope failure area. Due to the saturated condition of the landslide material, it is anticipated that it will not be reusable in its present condition and imported fill material will be needed to rebuild the slope. •Installation of a Back Drain: Due to deep seepage at the site, a back drain will be incorporated into the landslide repair plans. The back drain will consist of open graded gravel enclosed in filter fabric placed against the back of the remedial excavation. Multiple 3-inch perforated pipes will be placed at the bottom of the gravel drain and tight lined to a sidewalk underdrain with a fall of 2 percent or more. •Fill and Compaction: Imported fill will be deposited in 8-inch increments and then compacted by mechanical methods, using sheepsfoot rollers, multiple-wheel pneumatic-tired rollers, or other appropriate compacting rollers, to a relative compaction of 90 percent as evaluated by the American Society for Testing and Materials (ASTM) Test Method D1557. Compacted fill will be placed in horizontal lifts of approximately 8 inches in loose thickness until the desired finished grade is achieved. •Construction of a New Concrete-lined Brow Ditch and Associated Splash Wall: Once the slope repair area has been filled and compacted, a brow ditch will be constructed around the slope repair area. The new brow ditch will tie into a curb outlet at one end (west end) and the existing brow ditch system at the other end (east end). A concrete splash wall measuring 1 foot in height will be constructed at the brow ditch confluence. •Installation of a Bonded Fiber Matrix and Best Management Practices (BMP): A bonded fiber matrix with non-irrigated native species seed mix will be installed on the slope to provide erosion control until the vegetation takes over. Additionally, MP features such as fiber rolls will be installed on the slope to further prevent erosion of the slope. •Construction of a Curb Outlet: A curb outlet will be constructed at the end of the new brow ditch, west of the slope repair area. The curb outlet will capture the water from the brow ditch and convey water to the curbside gutter via a pipe underneath the concrete sidewalk. PAHCR0801 - Romeria SUICR0801C-Mitigation PlanWfitigation Plan_Finat.031835.doe (3/18/2015) 6 I..SA ASSOCIATES. INC. MITIGATION AND MONITORING PLAN MARCH 2515 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS RESPONSIBLE PARTY The City is responsible for fulfilling any obligations required by regulatory agencies (i.e., Corps, RWQCB, and CDFG). Project Biologist The City shall contract a qualified Project Biologist to oversee implementation of all aspects of this mitigation plan. This biologist will be able to demonstrqte the successful completion of previous wetland restoration projects to the satisfaction of resource/regulatory agencies. Upon selection, the Project Biologist's name, address, and telephone number will be provided to the Corps, CDFG, and RWQCB (collectively, "the resource agencies"). The Project Biologist shall be responsible for documentation of compliance with the plan and shall provide appropriate recommendations where discretion is indicated as well as document any deviations from the plan and report them promptly to the appropriate parties, as indicated herein. The Project Biologist shall be onsite during all critical phases of mitigation implementation (e.g., delineation of eradication/enhancement areas, commencement of weed eradication, preparation for installation of cuttings and container plants, plant and cuttings installation, and warranty inspections); shall conduct monthly visits during the first year following installation of cuttings; and at her/his discretion, shall inspect the sites up to eight times per year, thereafter, until the performance standards have been achieved and the sites have been released from further maintenance and monitoring requirements by the regulatory agencies. The City shall utilize a qualified Contractor or City maintenance staff trained by the Project Biologist. The Contractor or the City's qualified maintenance staff shall be responsible for weed eradication and cuttings installation, survival of the plant material, and maintenance of the mitigation area until the performance standards have been satisfied and the site has been released from farther maintenance and monitoring requirements by the regulatory agencies. The Project Biologist overseeing the mitigation measures described in this plan shall have successfully completed (to the satisfaction of regulatory/resource agencies) a minimum of three wetland restoration projects (installation and long-term maintenance) involving the establishment of wetland and riparian plant communities in areas of size comparable to (or larger than) this project. Landscaping Contractor The Contactor or City's qualified maintenance staff shall provide at least one English-speaking person who is thoroughly familiar with all aspects of the mitigation work and this plan, including equipment and materials being utilized or installed, and the best methods for their installation and application. Such a person shall be present at all times during execution of the work and shall direct and supervise all work performed as specified herein. Additionally, the Contractor or City's qualified maintenance staff shall be responsible for the following: (1) compensation for any additional time required by the Project Biologist as a result of noncompliance with the specifications; (2) problems associated with executing the work specified in this plan, or in subsequent specifications, in a timely manner; and/or (3) unnecessary efforts (e.g., late or missed appointments and scheduling inspection of incomplete work). PAHCR0801 - Romcria StEQ10801C-Mitigation PlanWitigation Plan Final 031815.doc (3/18/2015) 7 LSA ASSOCIATES, INC. MITIGATION AND MONITORING PLAN MARCH 2015 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS JURISDICTIONAL IMPACTS Romeria Street Drainage Repair Project Table A depicts a summary of impacts to jurisdictional areas as determined by a routine jurisdictional delineation conducted by LSA and dated April 2008. The routine wetland and jurisdictional delineation was conducted under contract to the City. The findings and conclusions represent the professional opinion of LSA and should be considered preliminary until verified by representatives of the Corps and the CDFG. The jurisdictional delineation report will not be considered final until approved by the regulatory agencies during the permit review and approval process. Table A: Summary of Potential Jurisdiction Agency Total (Acres) Permanent Impacts (Acres) Temporary Impacts (Acres) Corps Wetland Waters of the United States 0.090 0.039 0.051 Corps Nonwedand Waters of the United States . 0.008 0 0.008 CDFG Jurisdictional Area 0.150 &a n/a Temporary impacts to Corps jurisdictional areas include the construction disturbance, which results in 0.051 acre of temporary impacts to disturbed wetlands. The replacement of the concrete-lined channel with an equivalent concrete lining is considered a temporary impact according to conversations with Corps regulatory staff (personal conversation with Peggy Bartels, August 2, 2011) because there will be no change to the configuration or the bottom elevation of the channel and functions and values will be equivalent. Permanent impact to disturbed wetlands total 0.039 acre due to the installation of an all-weather access road. This impact is offset through wetland enhancement in the form of onsite planting of currently degraded and disturbed wetland areas as shown in Figure 3a. Figures 3b and 3c depict the offsite areas proposed for mitigation. The City currently proposes to combine the onsite and offsite mitigation requirements for the Romeria Project and the La Costa Avenue Slope Repair Project. Although these are considered to be two distinct projects, the City proposes to combine a portion of the mitigation onsite at the Romeria Street Drainage Project location. As stated above, this mitigation plan addresses impacts to jurisdictional waters. Mitigation for impacts to other habitat types is addressed through compliance with the City's IIMP and documented in the IS/MND and MMRP for the project. These documents are on file with the City. La Costa Avenue Slope Repair Project Project footprint covers 0.074 acre, the permanent impact area for entire footprint is 0.028 acre. Potentially jurisdictional features to the Corps include freshwater marsh. Permanent impacts to freshwater marsh include 0.021 acre. There are no temporary impacts associated with this project. The remaining 0.007 acre of permanent impact is to upland communities not considered to be jurisdictional. PAHCR0801 - Romeria St1HCR0801C-IVEtigation PlaMMitigation Plan Phial 031815.doc (3/18/2015) 8 PHOTO DOCUMENTATION REMOVED FOR RECORDATION PURPOSES. FULL REPORT AND PHOTOS ON FILE AT THE CITY OF CARLSBAD. PHOTO DOCUMENTATION REMOVED FOR RECORDATION PURPOSES. FULL REPORT AND PHOTOS ON FILE AT THE CITY OF CARLSBAD. 1 PHOTO DOCUMENTATION REMOVED FOR RECORDATION PURPOSES. FULL REPORT AND PHOTOS ON FILE AT THE CITY OF CARLSBAD. LSA ASSOCIATES, INC. MITIGATION AND MONITORING PLAN MARCH 2015 RoMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS MITIGATION WORK PLAN Habitat-restoration or creation will be performed to meet the City's EMP requirements for impacts to wetlands. Mitigation will occur onsite and offsite (at the Lake Calavera Mitigation Parcel) through creation or restoration of habitat in accordance with the mitigation ratio listed in the H[MP. Creation or restoration shall occur under the direction of a professional biologist and shall be subject to monitoring for a period of 5 years for permanent impacts and one year for temporary impacts, as directed by the resource agencies. The City will be responsible for providing mitigation pursuant to the HIVIP prior to issuance of notice to proceed. Romeria Street Drainage Repair Project Temporary Impacts. Mitigation for temporary impacts will be achieved through onsite restoration and enhancement. Temporary impacts include 0.008 acre of non-Wetland Waters of the United States and 0.051 acre of disturbed Wetland Waters. A 0.07-acre area onsite at Romeria Street will be dedicated for replanting and will be maintained by the City. Permanent Impacts. For 0.039 acre of permanent impacts to disturbed wetlands, mitigation at a 1:1 ratio (0.039 acre or approximately 1,698 square feet) will be achieved through wetland creation in an approved location within the Lake Calavera Mitigation Parcel as shown in Figure 3b. The parcel , noted in Figure 3b has been graded during site preparation for the two existing restoration parcels (for a separate project) in order to avoid additional construction disturbance. Figure 4 shows site photographs. This approach has been verbally approved by the resource agencies during a pre- application meeting with staff on April 11, 2010. This parcel is part of a larger habitat mitigation parcel (the Lake Calavera Mitigation Parcel) currently accepted by resource agencies as mitigation for Capital Improvement Projects (CfP) in the City. La Costa Avenue Slope Repair Project The La Costa Avenue Slope Repair Project does not include temporary impacis. All impacts are considered permanent. Permanent impacts include 0.021 acre (914 square feet) of Wetland Waters. The mitigation will be achieved through offsite creation/restoratiOn at the Lake Calavera Mitigation Parcel. Figures 3b and 3c depict the offsite areas proposed for mitigation. The mitigation area will be maintained and monitored until the performance standards stated in the mitigation and monitoring plan are achieved (an estimated 5 years) to the satisfaction of the resource agencies. This plan is subject to resource agency review and approval. The mitigation and monitoring program will require regular progress-monitoring visits and annual data collection and reporting by the Project Biologist. Exotic Species Removal Exotic species within the project area such as, but not limited to, giant reed (Arundo donax), castor bean (Ricinus communis), tree tobacco (Nicotiana glauca), Hottentot fig (Catpobrotus edulis), and PAHCR0801 Romeria SAHCR0801C-Mitigation Plan \Mitigation Plan_Final 031815.doc (3/18/2015) 12 PHOTO DOCUMENTATION REMOVED FOR RECORDATION PURPOSES. FULL REPORT AND PHOTOS ON FILE AT THE CITY OF CARLSBAD. LSA FIGURE City of Carlsbad Conceptual Mitigation Plan for the Romeria Street Drainage Improvement Project San Diego, County Site Photos R:41CROSO I -Romeria StrceffiThotos-a.cds (6/11110) LSA ASSOCIATES, INC. MITIGATION AND MONITORING PLAN MARCH 2015 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS salt cedar (Tamarix spp.) will be removed by hand, if feasible, or by application of herbicide as discussed below. Implementation of Mitigation The City is responsible for providing a qualified contractor or qualified City maintenance staff to eradicate nonnative species and install native riparian species under the direction of the Project Biologist in compliance with this plan. The Project Biologist shall monitor and document the habitat enhancement efforts until the site has been released from further maintenance and monitoring obligations by the resource agencies. Schedule Implementation of the exotic species eradication shall commence upon selection of a contractor. Implementation of the habitat enhancement shall commence (in the form of invasive species eradication) immediately thereafter. Weed/Exotic Plant Eradication When the project is completed and mitigation is installed, the City's preserve management contractor, Center for Natural Lands Management (CNLM), will maintain the mitigation areas as part of the HAP preserve areas. Manual control methods (hand pulling or cutting) shall be employed, if feasible. In circumstances where mechanical control is not effective, systemic herbicides that have been approved by the United States Environmental Protection Agency (EPA) for use in aquatic situations may be used. The use of string-line trimmers is strictly prohibited without prior written approval of the Project Biologist on a case-by-case basis. For exotic plant eradication within the project area, removal of large trees, such as gum trees and Brazilian pepper trees is not expected. However, if it is necessary to fell trees, the following procedure shall be followed: During the removal of large trees and shrubs, care will be taken to preserve the adjacent native vegetation to the greatest extent feasible. Large trees shall be cut at or near the soil surface and the stumps immediately treated with herbicide. If there is a delay of more than 5 minutes between cutting the stump and application of herbicide, then the Contractor or the City's qualified maintenance staff shall drill holes into and cross-cut the stump and immediately apply herbicide. Native species damaged or destroyed during tree removal will be replaced during the cuttings installation process. To avoid impacts to nesting birds, the removal of large pieces of Brazilian pepper trees, palm trees, and eucalyptus trees shall not be conducted between January 1 and August 31 unless nesting bird clearance surveys conducted by the Project Biologist are negative. The remaining activities specified herein (e.g., spot herbicide treatments and herbaceous weed removal) are not anticipated to result in impacts to nesting birds. In order to apply unrestricted herbicide (e.g., glyphosate-based systemic herbicides), the City's Contractor or maintenance staff must have a Pest Control Business License, which requires that the staff person be in possession of a Qualified Applicator's License (QAL). If a qualified applicator is not present during treatment, all applicators must have undergone documented herbicide application PAHCR0801 - Romeria SAHCR0801C-Mitigation PlanNitigation Plan Final 031815.doc (3/18/2015) 14 LEA ASSOCIATES. INC. MITIGATION AND MONITORING PLAN MARCH 2015 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS training. All licenses must be issued in the State of California, registered in San Diego County, and current. Within 100 feet of watercourses, herbicides approved for use in aquatic situations must be. used. No preemergent herbicides may be used. The Contractor shall obtain the recommendation of a licensed Pest Control Advisor for concentrations to be used for specific applications such as foliar spraying and cut stump treatments. A brightly colored marking agent shall be used in all applications. The material shall be a nontoxic, water-soluble liquid such as Blazon by Milliken Chemicals or the equivalent. Spraying of herbicides shall be conducted only when weather conditions are conducive to effective uptake of the herbicide by the targeted species (e.g., sunny, dry, and when target plants are actively growing), and when wind conditions are such that herbicide drift is nonexistent (5 miles per hour [mph] or less). During herbicide application, native species must be protected. Native species killed by herbicide treatment shall be replaced in the following planting season, and all costs associated with the replacement planting (e.g., plant material costs, monitoring fees, and coordination expenses) shall be the responsibility of the Contractor or City maintenance staff. The Project Biologist will periodically monitor the site and will quantify the damage to native plant materials from herbicide applications to the extent possible. If weeds become established in the mitigation area prior to planting, eradication shall be accomplished prior to cuttings installation. The Project Biologist will make this determination. Installation of Cuttings Cuttings installation should occur prior to or during the rainy season to allow for establishment to the extent that the cuttings can survive high-flow events, preferably between October 1 and November 1, with replacements for failed plants to be installed before the following March 15. On,site Single-Year Maintenance Program (for Temporary Impacts) Areas that are temporarily affected by construction activities will be planted and seeded with appropriate native species and will be maintained by the City for one year following acceptance of the installation of plant and seed materials. Maintenance will consist of nonnative plant species removal, removal of trash, and supplemental installation of plant or seed materials as needed to provide adequate vegetative cover. Offsite Five-Year Maintenance Program (for Permanent Impacts) Upon completion of the warranty period for installation of plant and seed materials at the offsite mitigation location, a 5-year maintenance program shall commence. Maintenance includes weed, trash, and debris removal and any feasible efforts necessary for the site to meet the performance standards. The maintenance program is discussed in greater detail further below. PAHCR0801 - Romeria SNICR0801C-Mtigation PlanWfitigation Plan_Final 031815.doc (3/18/2015) 15 LEA ASSOCIATES, INC. MITIGATION AND MONITORING PLAN MARCH 2015 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS PLANTING PLAN Plant Materials When feasible, cuttings shall be collected from plants growing on the project site or in the local area. The use of site-specific materials adapted to local conditions increases revegetation success and maintains the genetic integrity of the local ecosystem. Arrangements shall be made well in advance of planting to ensure that the adequate cuttings donor sites are available and accessible. Donor sites are subject to the approval of the Project Biologist. Cuttings Mule fat and willow cuttings will consist of locally obtained cuttings from 0.5 inch to 1 inch in diameter and approximately 36 to 48 inches in length. The cuttings shall be planted within 48 hours of being harvested and shall be kept moist. Cuttings not planted within 48 hours after cutting or allowed to dry out shall not be used. No more than 20 percent of any donor plant may be harvested. At the time of collection, the basal ends shall be cut at approximately a 45-degree angle, and if terminal ends are cut, they will be cut perpendicular to the length of the cutting to maintain the proper orientation during installation. Prior to installation, the basal ends of the moist cuttings will be treated with rooting hormone and allowed to dry in open air and out of direct sunlight for 30 to 45 minutes. The cuttings shall be installedin augered holes to a minimum depth of 24 inches (Figure 5). Planting Technique All cuttings shall be spaced in natural-looking patterns so that each species is distributed throughout the planting area and plants are not crowded together. Plants shall be arranged in species groups at the direction of the Project Biologist. Each plant is to be individually watered at the time of planting with sufficient water to reach the lower roots. Irrigation The Contractor is responsible for the survival and establishment of the installed cuttings. Supplemental irrigation shall be supplied as necessary by use of a temporary irrigation system, hand watering, or other means subject to approval of the Project Biologist until the plantings are established as determined by the Project Biologist. All costs associated with any system shall be included in the maintenance budget. Any proposed temporary system design would be subject to review and approval by the Project Biologist. The Contractor or City -maintenance staff will remove the system when the Project Biologist and City agree that supplemental watering is no longer necessary to ensure cuttings' survival. The City shall provide the location of a point of connection to a water source if any exists. Otherwise, the Contractor or City maintenance staff will provide a water source subject to approval of the Project Biologist. PAHCR0801 - Romeria SATICR0801C-Mitigarion Plan \Mitigation Plan,_,FinaL031815.doe (3/18/2015) 16 Top Cut Square Locally Obtained 36" Mule Fat or Willow Cutting. Cutting Planted with Buds in Upward Direction. 3" Hand-Compacted Earthen Berm Finished Grade .111 III1 1111 _ 1111 -E 1111 1111 - 1111 E 1111 E II 1111 E 1111E: 1111 III E 1111E1111 -L=- 1111E1111 --Er 11111 1111 11.1 E = 1111 :=7.- 1111 Hu E. - 1111E Ill E- '1 Backfill and Compact With Native Soil. .,... 1111E1111F Tamp Soil to Remove Air Pockets from Planting Hole. im im . Hu 1111f . Hole Made with 1" Rebar Bottom Cut Slanted 111 1111 1M ER11E-1111E111 II mi II mi =111 111 II I - III II = lvi 1111:" liii 1111 1111 I 1111 1111 1111 1111E' II 1111 - 1111 1 1111E--_-- 11 1111 1111=4: 11E1111 11 1111 E- 1111 --L5 1111 -Ell 1111 E 1111 =2.---7.7 E 1111 -E 36" 24" nu 1111E- 1 _E. 1111 E 1111 111"E.111:=1111a 1111 18" LSA FIGURE 5 ciy of Carlsbad Conceptual Mitigation Plan for the Romeria Street Drainage Improvement Project San Diego, County Cutting Planting Detail IflICR0801-Romeria St eet\G\Cutting Detail.edr (6/11/10) LSA ASSOCIATES, INC. MITIGATION AND MONITORING PLAN MARCH 2015 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS ADAPTIVE MANAGEMENT/WARRANTY PERIOD Following installation of the specified plant material, the Contractor or City maintenance staff shall be responsible for maintaining the mitigation area for 120 days. All plant material shall be in a healthy and flourishing condition of active growth 120 days from the date of installation. All delays in the completion of the installation of plant and seed materials that extend the installation into more than one planting season shall extend the warranty period accordingly. As soon as all plantings are completed per specifications, the Contractor or City maintenance staff shall hold a preliminary review with the Project Biologist to determine the condition of the work. The Contractor or City maintenance staff shall submit a written request to the Project Biologist at least 5 working days prior to the anticipated date of review. Maintenance during the 120-day warranty period shall follow the specifications outlined in the Maintenance Activities Section below. Final Acceptance Work shall be accepted at the discretion of the Project Biologist upon satisfactory completion of all work, including the maintenance period but exclusive of replacement of plant material during the warranty period. All cuttings shall be guaranteed for 120 days. Any installed cuttings that have died or that display unreasonably slow growth shall be replaced with the same species at the cost of the Contractor or City maintenance staff. The Project Biologist shall determine the need to replace cuttings. Final acceptance shall be granted when all plant materials have been planted in accordance with the planting plan specifications and have demonstrated acceptable health and growth. MAINTENANCE The maintenance period commences upon final acceptance of the installed plant and seed materials and shall continue until the performance standards have been achieved to the satisfaction of the resource/regulatory agencies. Onsite Single-Year Maintenance Activities (for Temporary Impacts) During and for one year following the 120-day warranty period, the City will maintain the onsite mitigation area. Maintenance will consist of removal of nonnative plant species, erosion control, protection from vandalism, trash and debris removal, and supplemental watering (if needed as determined by the City's project biologist). Offsite Five-Year Maintenance Activities (for Permanent Impacts) Diligent maintenance of the mitigation areas until the plants are established is critical to this plan, which was developed to mitigate the loss of biological resources. During and following the 120-day warranty period, the mitigation area will require regular maintenance, consisting primarily of weed PATICR0801 - Romeria St1.1-1CR0801C-MitigationPlanWlitigation Plan_Fing_031815.doc (3/18/2015) 18 I.SA ASSOCIATES. INC. MITIGATION AND MONITORING PLAN MARCH 2015 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS control, erosion control, pest control, protection from vandalism, trash and debris removal, and supplemental irrigation. All plantings shall be maintained for a minimum of 5 years following acceptance of installation. In general, maintenance activities shall include any activities required to meet the performance standards. Weed Control. To prevent weeds and exotic plants from outcompeting native plant species for natural resources (e.g., water, sunlight, space, and nutrients), weeds and ruderal invasive plants shall be controlled in the mitigation areas for one year for the onsite mitigation area, and an anticipated 5 years for the offsite mitigation areas, or until the performance standards have been achieved, as determined by the resource/regulatory agencies. When feasible, all normative invasive weeds shall be removed manually. In circumstances where manual removal is not effective, it may be appropriate, at the discretion of the Project Biologist, to utilize systemic herbicides that have been approved by the EPA (see Herbicide Treatment Guidelines, above). If more than 10 percent of the vegetative cover is from weeds greater than 6 inches in height, all weeds present in the mitigation area shall be removed before they produce seed or reach a height of 8 inches, whichever occurs first. Any plant species determined by the Project Biologist to be detrimental to the success of the mitigation efforts shall be removed. All removed weed material shall be taken away from the site and legally disposed of at an offsite location. Pest Control. The control of damage to the revegetation efforts by insects and herbivores shall be the responsibility of the Contractor or City maintenance staff using only those methods approved by the Project Biologist. The Contractor or City maintenance staff shall implement control measures at the earliest sign of damage, which may require fencing or caging of plant materials. Fertilization. No chemical fertilizers shall be used in the mitigation area without prior written authorization from the Project Biologist. Pruning and Leaf Litter. Dead branches and leaf litter provide habitat for a variety of species. Since the goal is.to replicate naturally occurring habitat, no pruning or leaf litter removal of native species shall take place within the mitigation area. All native species leaf litter and branches shall be left in place. Removal of Trash and Debris. All mitigation areas shall be kept neat, clean, and free of all non vegetative debris and trash (except for nonnative vegetative debris accumulated during weed removal activities, which shall be removed as specified). PAHCR0801 - Romeria SANCR0801C-Mitigation PlanMtigation Plan Final 031815.doe (3/18/2015) 19 LSA ASSOCIATES, INC. MITIGATION AND MONITORING PLAN MAROH 2015 ROMERIA STREET DRAINAGE IMPROVEMENT PROJEOT AND TECHNICAL SPECIFICATIONS Replacement of Dead or Diseased Plant Materials. For 5 years after the final acceptance of installation, plantings shall be surveyed annually in the spring. Dead or diseased' plants shall be replaced at the discretion of the Project Biologist.' Maintenance Staff Meetings. Maintenance staff meetings shall be scheduled quarterly for the duration of the mitigation effort. These meetings shall address specific questions or concerns that the maintenance staff may have about the mitigation area. These meetings shall be conducted by the City - and the Project Biologist, and shall be attended by other appropriate maintenance staff (e.g., the Contractor or City maintenance staff). The purpose of the meetings is to promote communication among the City, maintenance staff, and the Project Biologist, thereby increasing the likelihood of timely project success. MONITORING REQUIREMENTS AND PERFORMANCE STANDARDS Performance Standards for the Five-Year Maintenance Program The ultimate goal is the establishment of native riparian scrub species to the point that nonnative species are excluded and the native species are self-sustaining without human intervention. All plantings shall be monitored for a minimum of five years following acceptance of installation. All mitigation planting shall have a minimum 100 percent survival the rust year and 80 percent survival thereafter and/or shall attain 60 percent cover of native wetland species after three years and 80 percent cover of native species after five years. If the survival and cover requirements have not been met, the Landscape Contractor is responsible for replacement planting to achieve these requirements. Replacement plants shall be monitored with the same survival and growth requirements for five years after planting. Over the 5-year period following installation of plant material, the following observable characteristics shall be considered in demonstrating progress toward the successful establishment of a healthy and functional mitigation area: •Germination and growth of a variety of seeded plant species (total area coverage may be sparse after the first year); •Lack of significant erosion; •Presence of young shoots for seeded species and noticeable growth and new branching for container plantings; •Good root development of desired (native) species, which will be checked by a pull test conducted by the Project Biologist; •Low mortality for cuttings (no more than 20%);2 Upon final acceptance of the installation, vegetative cover from installed species will be taken into consideration over individual plant mortality; not all dead or diseased plant material may require replacement. 2 Survivorship of individual container plants and cuttings is considered important in the first year of a restoration effort; however, once plant material matures, vegetative cover is considered a better indicator of a successful revegetation effort. PAHCR0801 - Romeria St1HCR0801C-Mitigadon PlanNKtigation Plan FiEtal 031815.doc (3/18/2015) 20 LSA ASSOCIATES, INC, MITIGATION AND MONITORING PLAN MARCH 2015 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS • •Evidence of resistance to invasion by nonnative species (no more than 20% composition of nonnative species); •Use of habitat by indicator wildlife species; •Regeneration of the newly established plant community; and •Continued survival and growth of planted species without supplemental irrigation (i.e., use of supplemental irrigation for a maximum of 3 years). Ultimate Performance Standards Ultimately, the site must meet the following performance standards: •' Establishment of native species to the point that nonnative weeds account for no more than 5 percent of the vegetative cover. Some nonnative species have become so naturalized within southern California such that eradication to less than 5 percent vegetative cover is not feasible. An example is annual rabbitsfoot grass (Polypogon monspeliensis) within a drainage. If there is annual rabbitsfoot grass in the upstream watershed, permanent eradication is not practical. This criterion is subject to some variation at the discretion of the Project Biologist and consultation with the permitting agencies. •Attainment of 80 percent vegetative cover of the appropriate native species. •Attainment of 0 percent ground cover by nonnative trees and shrubs. •Establishment of native species to the point that the site consists of no more than 25 percent bare ground. •At the completion of the monitoring period, the mitigation site shall have received no supplemental irrigation for a period of two consecutive years. •The mitigation effort may be considered successful if observations and other qualitative evidence indicate that wildlife typically associated with riparian habitats is utilizing the mitigation area, thus demonstrating the function and value of the habitat in the mitigation area. Acceptance of the project as successful based on these criteria will require concurrence from the resource/regulatory agencies that the site can be released from further maintenance and monitoring obligations. Monitoring Methods Monitoring During Site Preparation and Installation. All phases of site preparation, exotic weed eradication, installation of plant and seed material, and warranty period maintenance shall be monitored to the extent necessary to ensure compliance with this mitigation plan. The Project Biologist will consult with the Contractor or City maintenance staff to determine whether field revisions to the plans are necessary. If field revisions are made, they will be documented in the as- built report. PAHCR0801 - Romeria SAHER0801C-Mitigation PlaavEtigation Platt_FinaL031815.doc (311812015) 21 LSA ASSOCIATES, INC. MITIGATION AND MONITORING PLAN MARCH 2015 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS The Project Biologist will notify the City when the mitigation measures described in this plan commence and at critical periods (e.g., prior to removal of normative trees, prior to installation of cuttings). Performance and Maintenance Monitoring. Monitoring shall be conducted at least once per month for the first year and up to eight times per year thereafter until the site has been released from further maintenance and monitoring obligations. Frequent checks are recommended to detect potential problems at the early stages. At a minimum, the Project Biologist shall monitor the following indices: •Success of exotic plant eradication efforts;. •Plant survival; and •Presence and density of weeds. During each monitoring site visit, the Project Biologist shall document the general condition of the mitigation site and evaluate it for compliance with the maintenance specifications and progress toward achieving the performance standards. The results of these visits will be summarized in field memoranda submitted to the City within four weeks following each site visit. When finalized, these memoranda will be summarized and incorporated into the annual reports to be submitted to the City and the resource agencies. The Project Biologist shall report the fmdings to the City and to the Contractor or City maintenance staff through the initial post-installation warranty period. Dead or dying plants shall be replaced immediately upon notification. Performance monitoring will continue until the site is released from further maintenance and monitoring obligations and will address plant survival, growth, and vegetative cover requirements. One day of wildlife monitoring will be conducted in the spring of each year following the installation of cuttings, and the results will be reported in each annual report. Quantitative data collection (e.g., 1-square meter quads or, when the site configuration permits, line transects or point intercept transects) will be conducted to assess progress toward achieving the performance standards and incorporated into annual reports. The Project Biologist will utilize observations made during monitoring site visits to direct maintenance activities, to recommend any necessary remedial measures, and to evaluate the overall revegetation process. The Project Biologist will monitor the implementation of weeding events and be available to advise maintenance crews if necessary. If the mitigation area needs major corrective actions, the City and resource agencies shall be notified. When directed by the Project Biologist, the Contractor or City maintenance staff will promptly implement recOmmended actions and the Project Biologist will document the actions in the subsequent annual report. PAHCR0801 Romeria StVIC:R0801C-Mitigation PlanWlitigation Plan_Fwal,..031815.doc (3/18/2015) 22 LSA ASSOCIATES, INC. MITIGATION AND MONITORING PLAN MARCH 20/5 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS Annual Reports. Annual monitoring reports will be submitted to the City and resource agencies, beginning with the as-built report to be prepared following acceptance of cuttings installation. These reports will evaluate the performance and maintenance of the project and will include photographs taken from fixed photo points. The reports should be no more than three pages of text and will summarize the events of the previous year. Additionally, the reports will include a brief discussion, recommendations, and conclusion. MEASUREMENT AND PAYMENT Mobilization The lump sum for the bid item "Mobilization" shall not exceed 2 percent of the total contract price and shall include full compensation for providing insurance, financing, and moving equipment to the job site and all mobilization and administration for the entire period; no additional payment will be made. Invasive Weed Eradication The lump sum for invasive weed eradication shall be paid following acceptance of the initial weed eradication effort. Costs to conduct any additional invasive weed eradication will be incorporated into the warranty period maintenance and long-term maintenance budgets. Installation of Cuttings, Container Plants, and Seed The lump sum for installation of plant and seed materials shall be paid in full upon accepted completion of the 120-day warranty period for each of the sites. Maintenance The lump sum for maintenance will be divided into 12 monthly payments in year 1, 6 hi-monthly payments in year 2, and 4 quarterly payments in years 3 through 5, to be paid following acceptance of the maintenance work performed each quarter, less 10 percent retention. The maintenance period commences upon acceptance of the warranty period. Penalties will be implemented to discourage noncompliance with these specifications and to prevent negligence. Penalties will be levied if the site is in violation of these standards at any time during the maintenance period. Penalties are financial and vary in severity according to the severity of damage caused by noncompliance. A separate, more severe standard and corresponding penalty exist for allowing the weeds to set seed because weeds that set seed can exponentially multiply the amount of weed seed in the soil seed bank. The Contractor will be eligible for payment as described above only if all of the contract requirements for maintenance are met continuously throughout each quarter. If the Contractor fails to meet the maintenance criteria, payment will not be approved for that pay period; such payments will be forfeited and liquidated damages may be incurred. All forfeited payments and liquidated damages PAHCR0801 - Romeria SATICR0801C-Mitigation PlanWlidgation Plan_Final 0318 5.doc (3/18/2015) 23 LSA ASSOCIATES. INC MITIGATION AND MONITORING PLAN MARCH 2015 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS shall be deducted from the amount of this contract. Penalties and liquidated damages shall be structured as follows: •If at any time the site contains more than 20 percent weed cover, the Contractor shall forfeit the payment for that quarter and shall incur liquidated damages of $100 per day of noncompliance. • • If the site contains more than 10 percent cover of weeds that are in the seed production stage, the Contractor shall forfeit three quarterly payments. Retention Payment Upon completion and the owner's acceptance of the project and the maintenance program, the Contractor may apply for payment of the balance of the 10 percent maintenance retention withheld, less liquidated damages. FINANCIAL ASSURANCES AND SITE PROTECTION INSTRUMENTS The City currently owns and operates lands in the Lake Calavara Mitigation Parcel, a 266-acre property in the northern portion of the City of Carlsbad, which serves as a municipal mitigation bank for City projects requiring mitigation in the City. Management and monitoring is provided by Center for Lands Management (CNLM). A formal Mitigation Bank Agreement has not yet been finalized by the City and Wildlife Agencies for this mitigation bank. A formal Agreement will permanently protect the site and ensure continued management and monitoring. Because no money will exchange hands and because both projects and mitigation land will involve only the City, the Agencies have given the City approval to pre-debit mitigation credits while the Agreement is being finalized. The City intends to file a Restrictive Covenant Agreement (Attachment A) in lieu of a Conservation Easement because the City cannot grant a Conservation Easement to itself. Essentially, the Restrictive Covenant will secure the lands in an equivalent manner as a Conservation Easement. This Restrictive Covenant will apply to all lands within the Lake Calavera Mitigation Parcel, not solely for those areas intended as mitigation for this specific project. PAT-MR(1801 - Romeria StECI20801C-Mitigation PlanWidgation Nan Final 0318 15.doc (3/1 8/2015) 24 LSA ASSOCIATES, INC. MITIGATION AND MONITORING PLAN MARCH 2015 ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT AND TECHNICAL SPECIFICATIONS ATTACHMENT A RESTRICTIVE COVENANT TEMPLATE PAHCR0801 - Romeria St\HCR0801C-Mitigation Plan \Mitigation Plan Final 031815.doc (3/18/2015) Attachment A - Restrictive Covenant Template Assessor's Parcel Number CLICK HERE Project Number and Name CLICK HERE DECLARATION OF RESTRICTIVE COVENANTS This DECLARATION OF RESTRICTIVE COVENANTS ("Restrictive Covenant") is made this day of , 200 by CLICK HERE, a CLICK HERE corporation (hereinafter "Declarant"). RECITALS A.Declarant is the- developer of that certain real property in Carlsbad, County of San Diego, State of California, commonly referred to as _{enter project name and application numbers } CLICK HERE (the "Project"). B.Declarant is the sole owner in fee simple of those portions of the Project located in [describe] and as further described in legal descriptions attached hereto as Exhibit "A" and depicted on Exhibit "B" and attached hereto and incorporated by this reference (the "Restricted Property"), which consists of approximately CLICK HERE acres. C.This Restrictive Covenant provides mitigation for certain impacts of the Project, pursuant to requirements of Condition No. CLICK HERE of City of Carlsbad Planning Commission Resolution No. CLICK HERE, dated CLICK HERE for the CLICK HERE {enter type of permit} for the Project. This Restrictive Covenant is intended and shall be deemed to satisfy such requirement as to the Restricted Property. The amount of CLICK HERE (enter habitat types} to be preserved within the Restricted Property is CLICK HERE acres. D.Compensatory mitigation for certain impacts of the Project by Declarant pursuant to requirements of the United States Army Corps of Engineers' ("ACOE") Section 404 Permit No. CLICK HERE and amendments thereto ("Section 404 Permit"). Special Condition CLICK HERE of the Section 404 Permit requires Declarant to record a Restrictive Covenant on all compensatory mitigation sites, which includes the Restricted Property. This Restrictive Covenant is intended and shall be deemed to satisfy that requirement. 1 City Attorney Approved 2/18/10 Assessor' s Parcel Number: Project Number and Name: E.The Restricted Property possesses wildlife and habitat values of great importance to the.People of the State of California and currently is and will remain in a Natural Condition as defined herein and is intended to be preserved in its natural, scenic, open condition to maintain its ecological, historical, visual and educational values (collectively, "Conservation Values"). F.Declarant desires to preserve and protect the Restricted Property pursuant to the [describe Plan] dated , 200_ ("Management Plan"), an adaptive habitat management plan which may be revised from time to time and which is incorporated herein by this reference. G.The United States Army Corps of Engineers ("ACOE") is the federal agency charged with the primary responsibility for regulating activities in waters of the United States, including wetlands, with regulatory authority over discharges of dredged and fill material into such waters pursuant to Section 404 of the Clean Water Act. H.The United States Fish and Wildlife Service ("USFWS") has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife and native plants and the habitats on which they depend under the Endangered Species Act, 16 U.S.C. Section 1531 et. seq., the Fish and Wildlife Coordination Act, 16 USC, •Section 661-666c and other applicable federal laws. I.• California Department of Fish and Game ("CDFG") has jurisdiction, pursuant to Fish and Game Code Section 1802, over the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species, and the Department of Fish and Game is authorized to hold easements for these purposes pursunnt to Civil Code Section 815.3, Fish and Game Code Section 1348, and other provisions of California law. J.The City of Carlsbad ("City") is a municipal corporation with a Habitat Management Plan for Natural Communities in the City of Carlsbad ("HMP") adopted by its City Council in November 2004, with the overall goal of contributing to regional biodiversity and the viability of rare, unique or sensitive biological resources throughout the City and the larger region while allowing public and private development to occur consistent with the Carlsbad General Plan and Growth Management Plan. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS NOW THEREFORE, Declarant hereby declares the Restricted Property shall be held, transferred, conveyed, leased, occupied or otherwise disposed of and used subject to the following restrictive covenants, which shall run with the land and be binding on Declarant's heirs, -successors-in-interest-administrators,-assigns, lessees, or other.occupier-s- and-users-of-the Restricted Property or any portion of it. 1. Purpose. (a) ' The purpose of this Restrictive Covenant is to ensure the Restricted Property will be retained in perpetuity in a Natural Condition, defined below, and to prevent any use of the Restricted Property that will impair or interfere with the Conservation Values of the Restricted 2 City Attorney Approved 2/18/10 Assessor's Parcel Number: Project Number and Name: Property (the "Purpose"). Declarant intends that this Restrictive Covenant will confine the use of the Restricted Property to such activities, including without limitation, those involving the preservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes of this Restrictive Covenant. (b) The term "Natural Condition," as referenced in the preceding paragraph and other portions of this Restrictive Covenant, shall mean the condition of the Restricted Property as it exists at the time this Restrictive Covenant is executed, as well as future enhancements or changes to the Restricted Property that occur directly as a result of the following activities: (1)Habitat creation or restoration, including implementation, maintenance and monitoring activities, required by City of Carlsbad Planning Commission Resolution No. CLICK HERE, dated CLICK HERE for the Project. (2)Compensatory mitigation measures, including implementation, maintenance and monitoring activities, required by the Section 404 Permit, and as described in the "CLICK HERE (enter name of plan," prepared by CLICK HERE dated CLICK HERE ("Mitigation Plan"), the cover page and Introduction of which are attached as Exhibit "C" (collectively, "Compensatory Mitigation"); (3)In-perpetuity maintenance ("Long-Term Maintenance, Management, and Monitoring"), that occurs on the Restricted Property as described in the Management Plan and Section 6 herein; or (4)Activities described in Section 4 herein. (c)Declarant certifies to City, CDFG, USFWS, and ACOE that, to Declarant's actual knowledge, there are no structures or other man-made improvements existing on the Restricted Property. Declarant further certifies to City, CDFG, USFWS, and ACOE that, to Declarant's actual knowledge, there are no previously granted easements existing on the Restricted Property that interfere or conflict with the Purpose of this Restrictive Covenant as evidenced by the Title Report attached at Exhibit "D". The current Natural Condition is evidenced in part by the depiction of the Restricted Property attached on Exhibit "E", showing all relevant and plottable property lines, easements, dedications, improvements, boundaries and major, distinct natural features such as waters of the United States. Declarant has delivered further evidence of the Natural Condition to City, CDFG, USFWS, and ACOE (1) a color aerial photograph of the Restricted Property at an appropriate scale taken as close in time as possible to the date this Restrictive Covenant is executed; (2) an overlay of the Restricted Property boundaries on that aerial photograph; and (3) on-site color photographs showing all natural features of the Restricted Property. (d)If a controversy arises with respect to the Natural Condition of the Restricted Property, City, CDFG, USFWS, and/or ACOE shall not be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution of the controversy. 3 City Attorney Approved 2/1 8/10 Assessor's Parcel Number: Project Number and Name: (e) The term "Biological Monitor" shall mean an independent third-party consultant with knowledge of upland and aquatic resources in the San Diego County area and expertise in the field of biology. 2. Declarant's Duties. Declarant, its successors and assigns shall: (a)Undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities would be inconsistent with the Conservation Values and would violate the permitted uses of the Restricted Property set forth in this Restrictive Covenant; and (b)Post and maintain signage in or adjacent to the boundary areas of the Restricted Property as described in Section 4(d); and (c)Comply with the terms of this Restrictive Covenant and cooperate with City, CDFG, USFWS, and ACOE in the protection of the Conservation Values; and (d)Repair and restore damage to the Restrictive Property directly or indirectly caused by Declarant, Declarant's guests, representatives or agents and third parties; provided, however, Declarant, its successors or assigns shall not engage in any repair or restoration work in the Restricted Property without first consulting with City, CDFG, USFWS, and ACOE pursuant to Section 6; and (e)Undertake construction, maintenance and monitoring of mitigated areas pursuant to the Mitigation Plan until receipt of final approval of the success of the mitigation from City, CDFG, USFWS, and ACOE (" City/CDFG/USFWS/ACOE Final Approval"); and (f)Obtain any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements; (g)Perform in-perpetuity Long-Term Maintenance, Management, and Monitoring set forth in Section 6 below; and (h)Perform an annual compliance inspection of the Restricted Property, prepare an inspection report and shall make reports available to City, CDFG, USFWS, and ACOE and the City upon request. 3. Prohibited Uses. Any activity on or use of the Restricted Property inconsistent with the Purpose of this Restrictive Covenant and not reserved as set forth in Section 4 hereof is prohibited. Without limiting the generality of the foregoing, the following uses by Declarant, and its respective guests, agents, assigns, employees, representatives, successors and third parties, are expressly prohibited, except as otherwise provided herein or unless specifically provided for in the, Mitigation Plan, Management Plan, Section 404 Permit, Streambed Alteration Agreement and 4 City Attorney Approved 2/18/10 Assessor's Parcel Number: Project Number and Name: any easements and reservations of rights recorded in the chain of title to the Restricted Property at the time of this conveyance (as set forth in Exhibit D hereto): (a)Supplemental watering except for habitat enhancement activities described in Section 4(b); (b)Use of herbicides, pesticides, rodenticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities, except weed abatement activities necessary to control or remove invasive, exotic plant species conducted by a herbicide applicator licensed to work within habitat preserve areas; (c)Incompatible fire protection activities, except the fire prevention activities set forth in Section 4(f); (d)Use of off-road vehicles and use of any other motorized vehicles except on existing roadways and as necessary to restore native plant communities consistent with Section 4. (e)Livestock grazing or other agricultural activity of any kind; (f)Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing, except as allowed in the Management Plan; (g)Residential, commercial, retail, institutional, or industrial uses; (h)Any legal or de facto division, subdivision or portioning of the Restricted Property, except transfers in accordance with Section 17 below; (i)Construction, reconstruction or placement of any building or, other improvement, billboard, or signs except signs permitted in Section 2(b) and Section 4(d); (i) Depositing, dumping or accumulating soil, trash, ashes, refuse, waste, bio-solids or any other material; Planting, introduction or dispersal of non-native or exotic plant or animal species; (1) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other material on or below the surface of the Restricted Property; (m)Altering the general topography of the Restricted Property, including but not limited to building of roads, trails, and flood control work; (n)Removing, destroying, or cutting of trees, shrubs or other vegetation, except as necessary for (1) emergency fire protection as required by fire safety officials as set forth in Section 4(f), (2) controlling invasive, exotic plants which threaten the integrity. of the habitat, (3) preventing or treating disease, (4) completing the Mitigation Plan, or (5) activities described in Section 2, Section 4 and Section 13; 5 City Attorney Approved 2/18/10 Assessor's Parcel Number: Project Number and Name: (o)Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Restricted Property, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters; and (p)Fuel modification zones (defined as a strip of mowed land or the planting of vegetation possessing low combustibility for purposes of fire suppression). 4. Reserved Riehts. Declarant reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Restricted Property, including the right to engage in or to permit or invite others to engage in all uses of the Restricted Property that are consistent with the Purpose of this Restrictive Covenant, including the following uses: (a)Access. Reasonable access through the Restricted Property to adjacent land over existing roads, or to perform obligations or other activities permitted by . this Restrictive Covenant or that are required under the Section 404 Permit or Streambed Alteration Agreement. In addition, police and other public safety organizations and their personnel may enter the Restricted Property to address any legitimate public health or safety matter. (b)Habitat Enhancement Activities. Enhancement of native plant communities, including the right to plant trees and shrubs of the same type as currently existing on the Restricted Property, so long as such activities do not harm the habitat types identified in the Section 404 Permit or Streambed Alteration Agreement 15ermit. For purposes of preventing erosion and reestablishing native vegetation, the Declarant shall have the right to revegetate areas that may be damaged by the permitted activities under this Section 4, naturally occurring events or by the acts of persons wrongfully damaging the Natural Condition of the Restricted Property. Prior to any habitat enhancement activities, Declarant shall have its Biological Monitor submit detailed plans to City, CDFG, USFWS, and ACOE for review and approval. Habitat enhancement activities shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, permitting requirements and Management Plan. (c)Vegetation, Debris, and Exotic Species Removal. Removal or trimming of vegetation downed or damaged due to natural disaster, removal of man-made debris, removal of parasitic vegetation (as it relates to the health of the host plant) and removal of non-native or exotic plant or animal species. Vegetation, debris, and exotic plant species removal shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, permitting requirements, and Management Plan. (d)Erection and Maintenance of Informative Signage. Erection and maintenance of signage and other notification features saying "Natural Area Open Space," "Protected Natural Area," or similar descriptions that inform persons of the nature and restrictions on the Restricted Property. Prior to erection of such signage, the Declarant shall submit detailed plans showing the location of such signs to City, CDFG, USFWS, and ACOE for review and approval. The erection and maintenance of informative signage shall not be in direct or potential conflict with 6 City Attorney Approved 2/18/10 Assessor's Parcel Number: Project Number and Name: the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, and permitting requirements. (e)No Interference with Development of Adjoining Property. Notwithstanding anything set forth herein to the contrary, nothing in this Restrictive Covenant is intended nor shall be applied to in any way limit Declarant or any of Declarant's successors and assigns from (1) constructing, placing, installing, and/or erecting any improvements upon the portions of the Project not constituting the Restricted Property, (2) installing and/or maintaining the subsurface infrastructure improvements, utility lines, landscaping (including irrigation and runoff), landscape mitigation, and/or similar non-structural improvements within the Restricted Property, and/or (3) developing adjoining property for any purposes, except as limited by any local, state or federal permit requirements for such development and provided that for all of the above clauses (1), (2), and (3) neither such activity nor any effect resulting from such activity amounts to a use of the Restricted Property, or has an impact upon the Restricted Property, that is prohibited by Section 3 above. (f)Fire Protection. The right, in an emergency situation only, to maintain firebreaks (defined as a strip of plowed or cleared land made to check the spread of a fire), trim or remove brush, otherwise perform preventative measures required by the fire department to protect structures and other improvements from encroaching fire. All other brush management activities shall be limited to areas outside the Restricted Property. 5.Access. This Restrictive Covenant does not convey a general right of access to the public or a general right of access to the Restricted Property. In accordance with Section 4(d), Declarant shall install signage at all likely points of entry informing persons of the nature and restrictions on the Restricted Property. This Restrictive Covenant will allow for access to the Restricted Property by City, CDFG, USFWS, and ACOE, City and third-party easement holders of record at the time of this conveyance at locations designated in easements and reservations of rights recorded in the chain of title to the Restricted Property at the time of this conveyance 6.Long-Term Maintenance, Management, and Monitoring. In addition to the other terms contained herein, Declarant, its successor or assign shall be responsible for the maintenance/repair of the Restricted Property in perpeutity. Such long-term maintenance shall consist of the following activities: (a) annual removal, by hand, of trash or man-made debris, (b) annual maintenance of signage and other notification features or similar descriptions that inform persons of the nature and restrictions on the Restricted Property pursuant to Section 2(b), (c) implement its responsibilities under the Management Plan and any amendments thereto, and (d) annual restoration of the Restricted Property damaged by any activities prohibited by Section 3 herein. Declarant, its successors and assigns shall prepare a monitoring and maintenance report documenting activities performed under subsections (a) through (c) above, and shall make reports available to City/CDFG/USFWS/ACOE upon request. When activities are performed pursuant to subsection (d) above, Declarant shall retain a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Declarant shall have its Biological Monitor submit a draft Restoration Plan to 7 City Attorney Approved 2/18/10 Assessor's Parcel Number: Project Number and Name: City/CDFG/USFWS/ACOE for review and approval prior to its .implementation. Upon completion of restoration as specified in the City/CDFG/USFWS/ACOE -approved Restoration Plan, Declarant shall have its Biological Monitor prepare a detailed monitoring report, and Declarant shall make the report available to City/CDFG/USFWS/ACOE within thirty (30) days of completion of restoration activities. Declarant, its successors or assigns and the Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on-site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Declarant, its successors or assigns, or its contractor in accordance with the City/CDFG/USFWS/ACOE -approved Restoration Plan, corrections recommended and implemented. 7. Endowment Declarant shall establish an endowment fund to be held in trust, invested and the interest disbursed therefrom to provide sufficient funds for the perpetual management, maintenance, and monitoring of the Property as required under this Restrictive Covenant. City, CDFG, USFWS, and ACOE shall have the right to review and approve the terms of the endowment agreement, and shall be a third party beneficiary of that agreement with the right to review and approve any amendments. (a) Include the following principles of fiduciary duty in the endowment fund agreement: (1)The endowment holder shall have a fiduciary duty to hold the endowment funds in trust for the Property. (2)The endowment holder shall not commingle the endowment funds with other funds. Funds may be pooled for investment management purposes only. (3)The endowment holder shall have a duty of loyalty and shall not use the endowment funds for its own personal benefit. (4)The endowment holder shall act as a prudent investor of the endowment funds. (5)The endowment holder shall not delegate the responsibility for managing the funds to a third party, but may delegate authority to invest the funds with Declarant's oversight. The endowment holder shall act with prudence when delegating authority and in the selection of agents. (6)The endowment holder shall have annual audit Of the endowment performed by a licensed CPA, and shall submit the auditor's written report to City, CDFG, USFWS, and ACOE upon completion. (7)Endowment funds set aside for the management of the Property shall not be used to pay any damages for liability due to acts or omissions of the endowment holder or any other party. 8 City Attorney Approved 2/18/10 Assessor's Parcel Number: Project Number and Name: 8. Citv, CDFG, USFWS, and ACOE Rights. To accomplish the Purpose of this Restrictive Covenant, Declarant hereby grants and conveys the following rights to City, CDFG, USFWS, and ACOE (but without obligation of the City, CDFG, USFWS, and ACOE): (a)A non-exclusive easement on and over the Restricted Property to preserve and " protect the Conservation Values of the Restricted Property; and (b)A non-exclusive easement on and over the Restricted Property to enter upon the Restricted Property to monitor Declarant's- compliance with and to otherwise enforce the terms of this Restrictive Covenant; and (c)A non-exclusive easement on and over the Restricted Property to prevent any activity on or use of the Restricted Property that is inconsistent with the Purpose of this Restrictive .Covenant and to require the restoration of such areas or features of the Restricted Property that may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this Restrictive Covenant; and (d)All present and future development rights allocated, implied, reserved or inherent in the Property; such rights are .hereby terminated and extinguished, and may not be used on or transferred to any portion of the Property, nor any other property adjacent or otherwise; and (e)The right to enforce by means, including, without limitation, injunctive relief, the terms and conditions of this Restrictive Covenant. 9. Enforcement. (a)Right to Enforce. Declarant, its successors and assigns, grant to City, CDFG, USFWS, ACOE , Department of Justice, and the State Attorney General, as well as the City, a discretionary right to enforce these restrictive covenants in a judicial or administrative action against any person(s) or other entity(ies) violating or attempting to violate these restrictive covenants; provided, however, that no violation of these restrictive covenants shall result in a forfeiture or reversion of title. The U.S. Department of Justice, CDFG, State Attorney General and City shall have the same rights, remedies and limitations as ACOE under this Section 9. The rights under this Section are in addition to, and do not limit rights conferred in Section 8 above, the rights of enforcement against Declarant, its successor or assigns under the Section 404 Permit, or any rights of the various documents created thereunder or referred to therein. (b)Notice. (1) If City, CDFG, USFWS, and/or ACOE determines Declarant is in violation of the terms of this Restrictive Covenant or that a violation is threatened, City/CDFG/USFWS/ACOE may demand the cure of such violation. In such a case, City/CDFG/USFWS/ACOE shall issue a written notice to Declarant (hereinafter "notice of violation") informing Declarant of the violation and demanding cure of such violation. 9 City Attorney Approved 2/18/10 Assessor's Parcel Number: Project Number and Name: (2)Declarant shall cure the noticed violation within fifteen (15) days of receipt of said written notice from City, CDFG, USFWS, and ACOE. If said cure reasonably requires more than fifteen (15) days, Declarant shall, within the fifteen (15) day period submit to City/CDFG/USFWS/ACOE for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. If Declarant.disputes the notice of violation, it shall issue a written notice of such dispute (hereinafter "notice of dispute") to the City/CDFG/USFWS/ACOE within fifteen (15) days of receipt of written notice of violation. (3)If Declarant fails to cure the noticed violation(s) within the time period(s) described in Section 9(b)(2) above, or Section 9(c) below, City/CDFG/USFWS/ACOE may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Declarant with the terms of this Restrictive Covenant. In such action, the City/CDFG/USFWS/ACOE may (i) recover any damages to which they may be entitled for violation by Declarant of the terms of this Restrictive Covenant, (ii) enjoin the violation, ex parte if necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or (iii) pursue other equitable relief, including, but not limited to, the restoration of the Restricted Property to the condition in which it existed prior to any such violation or injury. City/CDFG/USFWS/ACOE may apply any damages recovered to the cost of undertaking any corrective action on the Restricted Property. (4)If Declarant provides City/CDFG/USFWS/ACOE with a notice of dispute, as provided herein, City/CDFG/USFWS/ACOE shall meet and confer with Declarant at a mutually agreeable place and time, not to exceed thirty (30) days from the date that City/CDFG/USFWS/ACOE receives the notice of dispute. City/CDFG/USFWS/ACOE shall consider all relevant information concerning the disputed violation provided by Declarant and shall determine whether a violation has in fact occurred and, if so, whether the notice of violation and demand for cure issued by City/CDFG/USFWS/ACOE is appropriate in light of the violation. (5)If, after reviewing Declarant's notice of dispute, conferring with Declarant, and considering all relevant information related to the violation, City/CDFG/USFWS/ACOE determines that a violation has occurred, City/CDFG/USFWS/ACOE shall give Declarant notice of such determination in writing. Upon receipt of such determination, Declarant shall have fifteen (15) days to cure the violation. If said cure reasonably requires more than fifteen (15) days, Declarant shall, within the fifteen (15) day period submit to City/CDFG/USFWS/ACOE for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. (c) Immediate Action. If City/CDFG/USFWS/ACOE, in its reasonable. discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Restricted Property, City/CDFG/USFWS/ACOE may 10 City Attorney Approved 2/18/10 Assessor's Parcel Number: Project Number and Name: immediately pursue all available remedies, including injunctive relief, available pursuant to both this Restrictive Covenant and state and federal law after giving Declarant at least twenty four (24) hours' written notice before pursuing such remedies. So long as such twenty four (24) hours' notice is given, City/CDFG/USFWS/ACOE may immediately pursue all available remedies without waiting for the expiration of the time periods provided for cure or notice of dispute as described in Section 9(b)(2). The written notice pursuant to this paragraph may be transmitted to Declarant by facsimile. The rights of City/CDFG/USFWS/ACOE under this paragraph apply equally to actual or threatened violations of the terms of this Restrictive Covenant. Declarant agrees that the remedies at law for City/CDFG/USFWS/ACOE for any violation of the terms of this Restrictive Covenant are inadequate and that City/CDFG/USFWS/ACOE shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which City/CDFG/USFWS/ACOE may be entitled, including specific performance of the terms of this Restrictive Covenant, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Section 9(c) shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. (d) Costs of Enforcement. Any costs incurred by City/CDFG/USFWS/ACOE in enforcing the terms of this Restrictive Covenant against Declarant including, but not limited to, costs of suit and, any costs of restoration necessitated by Declarant's violation or negligence under the terms of this Restrictive Covenant shall be borne by Declarant, subject to California Civil Code section 815. (e) • Enforcement Discretion. Enforcement of the terms of this Regtrictive Covenant shall be at the discretion of City/CDFG/USFWS/ACOE. Any forbearance by City/CDFG/USFWS/ACOE to exercise rights under this Restrictive Covenant in the event of any breach of any term of this Restrictive Covenant by Declarant shall not be deemed or construed to be a waiver by City/CDFG/USFWS/ACOE of such term or of any subsequent breach of the same or any other term of this Restrictive Covenant or of any of the rights of City/CDFG/USFWS/ACOE under this Restrictive Covenant. No delay or omission by City/CDFG/USFWS/ACOE in the exercise of any right or remedy upon any breach by Declarant shall impair such right or remedy or be construed as a waiver. (f) Acts Beyond Declarant's Control. Nothing contained in this Restrictive Covenant shall be construed to entitle City/CDFG1USFWS/ACOE to bring any action against Declarant for any injury to or change in the Restricted Property resulting from: (1)Any natural cause beyond Declarant's control, including without limitation, fire, flood, storm, and earth movement; or (2)Any prudent action taken by Declarant under emergency conditions to prevent, abate, or mitigate significant injury to persons and/or the Restricted Property resulting from such causes. (g) Notwithstanding the foregoing, even actions undertaken during emergency conditions must receive prior authorization from the city and Department of Army (through expedited procedures, if appropriate) if the action involves a discharge of dredged or fill material 11 City Attorney Approved 2/18/10 Assessor's Parcel Number: Project Number and Name: into jurisdictional waters of the United States and before any ground-disturbing activities occur in the Restricthd Property. 10. Costs and Liabilities. Declarant, or its successor or assign retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Restricted Property. Declarant agrees City, CDFG, USFWS, and ACOE shall not have any duty or responsibility for the operation, upkeep, or maintenance of the Restricted Property, the monitoring of hazardous conditions thereon, or the protection of Declarant, the public or any third parties from risks relating to conditions on the Restricted Property. Declarant, its successor or assign remains solely responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be, undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders and requirements. H. Taxes. Declarant, its successors or assigns shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Restricted Property by competent authority, including any taxes imposed upon, or incurred as a result of, this Restrictive Covenant, and agrees to furnish City, CDFG, USFWS, and ACOE with satisfactory evidence of payment upon request. 12. No Hazardous Materials Liability. (a)Declarant represents and warrants that it has no knowledge of any release or threatened release of Hazardous Materials (defined below) in, on, under, about or affecting the Restricted Property. (b)Despite any contrary provision of this Restrictive Covenant, the parties do not intend this Restrictive Covenant to be, and this Restrictive Covenant shall not be, construed such that it creates in or gives City, CDFG, USFWS, and ACOE any of the following: (1)The obligations or liabilities of an "owner" or "operator," as those terms are defmed and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or (2)The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4); or (3)The obligations of a responsible person under any applicable Environmental Laws; or (4)The right to investigate and remediate any Hazardous Materials associated with the Restricted Property; or 12 City Attorney Approved 2/18/10 Assessor's Parcel Number: Project Number and Name: (5) Any control over Declarant's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Restricted Property. (c)The term "Hazardous Materials" includes, without limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA, the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after the date of this Restrictive Covenant. (d)The term "Environmental Laws" includes, without limitation, any federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety, the environment or Hazardous Materials. Declarant represents, warrants and covenants to City, CDFG, USFWS, and ACOE that activities upon and use of the Restricted Property by Declarant, its agents, employees, invitees and contractors will comply with all Environmental Laws. 13.Additional Easements. Declarant shall not -grant any additional easements, rights of way or other interests in the surface or subsurface of the Restricted Property (other than a security interest that is subordinate to this Restrictive Covenant), or grant or otherwise abandon or relinquish. any water rights relating to the Restricted Property, without first obtaining the written consent of City, CDFG, USFWS, and ACOE. City, CDFG, USFWS, and/or ACOE may withhold such consent if it determines that the proposed- interest or transfer is inconsistent with the Purpose of this Restrictive Covenant or will impair or interfere with the Conservation Values of the Restricted Property. This Section shall not prohibit transfer of a fee or leasehold interest in the Restricted Property that is subject to this Restrictive Covenant and complies with Section 17 below. Declarant, its successors and assigns shall record any additional easements or other interests in the Restricted Property approved by the City, CDFG, USFWS, and ACOE in the official records of • County, California and provide a copy of the recorded document to the City, CDFG, USFWS, and ACOE. 14.Hold Harmless. Declarant shall hold harmless, protect and indemnify City and its officials, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (each a "City Indemnified Party" and, collectively, "City's Indemnified Parties") and {name agency} and its directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (each a "{name agency} Indemnified Party" and, collectively, {name agency(ies)} Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation, reasonable attorneys' fees and experts' fees), causes of action, 13 City Attorney Approved 2/18/10 Assessor' s Parcel Number: Project Number and Name: claims, demands, orders, liens or judgments (each a "Claim" and collectively, "Claims"), arising from or in any way connected with: (I) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Restricted Property, regardless of cause, except that (a) this indemnification shall be inapplicable to City's Indemnified Parties with respect to any Claim due solely to the negligence of City or any of its employees and (b) this indemnification shall be inapplicable to {agency name} Indemnified Parties with respect to any Claim due solely to the negligence of {name agency(ies)} or any of their employees; (2) the Declarant's=obligations specified in Sections 2, 3 and 6; and (3) the existence or administration of these Restrictive Covenants. If any action or proceeding is brought against any of the {name agency(ies)} Indemnified Parties by reason of any such Claim, Declarant shall, at the election of and upon written notice from {name agency(ies)}, defend such action or proceeding by counsel reasonably acceptable to the Indemnified Party or reimburse the party for all charges incurred for services of the Attorney General or other counsel in defending the action or proceeding. 15.Amendment. Declarant may amend this Restrictive Covenant only after written concurrence by City, CDFG, USFWS, and ACOE. Any such amendment shall be consistent with the Purpose of this Restrictive Covenant and shall. not affect its perpetual duration. Declarant shall record any amendments to this Restrictive Covenant approved by City, CDFG, USFWS, and ACOE in the official records of San Diego County, California, and shall provide a copy of the recorded document to City, CDFG, USFWS, and ACOE 16.Recordation. Declarant, its successor or assign shall promptly record this instrument in the official records of San DiegoCounty, California, and provide a copy of the recorded document to City, CDFG, USFWS, and ACOE. 17.Assignment and Subsequent Transfers. (a)Declarant agrees to incorporate the terms of this Restrictive Covenant in any deed or other legal instrument by which Declarant divests itself of any interest in all or a portion of the Restricted Property. Declarant, its successor or assign agrees to (i) incorporate by reference to . the title of and the recording information for this Restrictive Covenant in any deed or other legal instrument by which each divests itself of any interest in all or a portion of the Restricted Property, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Restrictive Covenant. Declarant, its successor or assign agrees to give written notice to City, CDFG, USFWS, and ACOE of the intent to transfer any interest at least thirty (30) days prior to the date of such transfer. Any subsequent transferee shall be deemed to have assumed the obligations of this Restrictive Covenant and to have accepted the restrictions contained herein. The failure of Declarant, its successor or assign to perform any act provided in this Section shall not impair the validity of this Restrictive Covenant or limit its enforceability in any way. (b)From and after the date of any transfer of all or any portion of the Restricted Property by Declarant and each transfer thereafter, (i) the transferee shall be deemed to have 14 City Attorney Approved 2/18/10 Assessor's Parcel Number: Project Number and Name: assumed all of the obligations of Declarant as to the portion transferred, as set forth in this Restrictive Covenant, (ii) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (iii) the transferor, as applicable, shall have no further obligations hereunder except for the obligations set forth above in this paragraph and pursuant to Section 24, and (iv) all references to Declarant in this Restrictive Covenant shall thereafter be deemed to refer to such transferee. 18. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and be served personally or sent by first class mail, postage prepaid, addressed as follows: To Declarant: [insert name and address] To: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008. Depadinent of Fish and Game, Region 5 4949 Viewridge Avenue San Diego, CA 92123' US Fish and Wildlife Service 6010 Hidden Valley Road Carlsbad, CA 92009 FAX 760-431-5902 District Counsel U.S. Army Corps of Engineers - 915 Wilshire Blvd, Room 1535 Los Angeles, CA 90017-3401 or to such other address as either party shall designate by written notice to the other. Notice shall be deemed effective upon delivery in the case of personal delivery or, in the case of delivery by first class mail, five (5) days after deposit into the United States mail. 19.Controlling Law. The laws of the United States and the State of California shall govern the interpretation and performance of this Restrictive Covenant. 20.Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Restrictive Covenant shall be liberally construed in favor of the deed to effect the purpose of this Restrictive Covenant and the policy and purpose California Civil Code Section 815, et seq. If any provision 15 City Attorney Approved 2/18/10 Assessor's Parcel Number: Project Number and Name: in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Restrictive Covenant that would render the provision valid shall be favored over any interpretation that would render it invalid. 21.Severabilitv. If a court of competent jurisdiction voids or invalidates on its face any provision of this Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a court of competent jurisdiction voids or invalidates the application of any provision of this Restrictive Covenant to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. 22.No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Declarant's title in any respect. 23.Successors. The covenants, terms, conditions, and restrictions of this Restrictive Covenant shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Restricted Property. 24.Termination of Rights and Obligations. A party's rights and obligations under this Restrictive Covenant terminate upon transfer of the party's interest in the Restrictive Covenant or Restricted Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 25.Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 26.City, CDFG, USFWS, and ACOE Benefited Parties Except for Section 23, the terms of this Restrictive Covenant are for the benefit of the City, CDFG, USFWS, and ACOE only and are not for the benefit of any other parties lN WITNESS WHEREOF Declarant has executed this Restrictive Covenant the day and year first above written. "Declarant" By: Name: 16 . City Attorney Approv2d 2/18/10 Assessor's Parcel Number: Project Number and Name: Title: Date: By: Name: Title: Date: APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Assistant City Attorney STATE OF CALLFORN1A ) COUNTY OF ) ss. On , 200 before me, the undersigned, a Notary Public in and for said State, personally appeared: [ personally known to me - OR - [ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to mc that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public 17 City Attorney Approved 2118/10 EXHIBIT D 22 TICOR TITLE' 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00528713-995-ZW1 City of Carlsbad 1635 Faraday Carlsbad, CA 92008 ATTN: Danny Zimny, P.E, Q.S.D. Email: Daniel.Zimny@carlsbadca.gov Reference No.: APN: 168-020-65 Reference No.: APN: 168-020-65 PROPERTY: unimproved parcel, Carlsbad, CA Escrow/Customer Phone: (760) 602-7551 Title Officer: Zona Weekley Title Officer Phone: (619) 260-0015 Title Officer Fax: (619) 692-9465 Title Officer Email: z.weekley@ticortitle.com PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Ticor Title Company of California 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, a// 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 Florida 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. Ey: Attest Randy Quirk, Peesutent Authorized Signature gietpet Gratelfe, Secreisee CLTA Preliminary Title Report IPrelm (DS! Rev. 8/15/16) Page 1 Order No.: 00528713-995-SDT-ZW1 TICOR TITLE 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 PRELIMINARY REPORT EFFECTIVE DATE: March 18, 2018 at 7:30 a.m. ORDER NO.: 00528713-995-ZW1 The form of policy or policies of title insurance contemplated by this report is: PRELIMINARY REPORT ONLY 1.THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2.TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE CITY OF CARLSBAD, a political corporation and/or governmental agency 3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOVVS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Title Report 1Prelm (DSI Rev. 3/15/16) Page 2 Order No. 00528713-995-SDT-ZW1 PRELIMINARY REPORT Ticor Title Company of California YOUR REFERENCE: APN: 168-020-65 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF• CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOT"D" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILE DIN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT "L" OF SAID RANCHO AGUA HEDIONDA; THENCE NORTH 89°43'40" WEST ALONG THE NORTHERLY LINE OF SAID LOT "L" 1323.42 FEET TO THE NORTH AND SOUTH CENTER LINE OF THE SOUTHEAST QUARTER OF. SECTION 34, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS SAID SECTION IS SHOWN ON SAID MAP NO. 823; THENCE NORTH 0°1020" WEST ALONG SAID CENTER LINE 1362.40 FEET; THENCE SOUTH 70°39 EAST 289.67 FEET; THENCE NORTH 65°41' EAST 494.40 FEET; THENCE NORTH 53°33' EAST 240.75 FEET; THENCE NORTH 1°32' EAST 76.50 FEET THENCE NORTH 78°31' EAST 186.23 FEET; THENCE SOUTH 75°29' EAST 230.15 FEET TO A POINT IN THE EAST LINE OF SAID SECTION 34; THENCE ALONG SAID EASTERLY LINE SOUTH 0'06' EAST 1676.30 FEET TO THE POINT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF LOT "ID" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP OF SAID RANCHO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A GRANITE STONE SET WITHIN THE GRANT FOR THE COMMON SOUTHERLY CORNER OF SECTION 34 AND 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, THENCE NORTHERLY ALONG THE LINE BETWEEN SAID SECTION 34 AND 35, 2295 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF THAT PROPERTY CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEO, L. GUNN AND CHESTER D. GUNN, AND RECORDED NOVEMBER 6, 1920 IN BOOK 829. PAGE 314 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE FOLLOWING THE BOUNDARY OF SAID PROPERTY EASTERLY 1319 FEET TO AN ANGLE POINT THEREIN; THENCE NORTHERLY ALONG THE BOUNDARY SAID LAND 857 FEET; THENCE EASTERLY 1320 FEET MORE OR LESS TO A POINT IN THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 36, BEING THE WEST LINE OF LOT "C" OF THE RANCHO AGUA HEDIONDA AS SHOWN ON SAID MAP NO. 823, WHICH IS THE SOUTHEAST CORNER OF THE ABOVE MENTIONED PARCEL OF LAND CONVEYED TO GEO L. GUNN AND CHESTER D. GUNN; THENCE SOUTHERLY ALONG SAID LAST MENTIONED LINE TO THE SOUTH QUARTER CORNER OF SAID SECTION 35; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 35, 2656 FEET MORE OR LESS TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS SAID SECTION IS SHOWN ON SAID MAP; THENCE SOUTH 0'14' WEST 2125.80 FEET ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WITHIN THE GRANT TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEORGE L. GUNN AND CHESTER D. GUNN BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 829, PAGE 314 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE SOUTH 74°39' WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 18°27' EAST 267.00 FEET; THENCE SOUTH 54°42'40" WEST 308.62 FEET; THENCE NORTH 20°12' WEST 263.96 FEET; THENCE NORTH 54°35' EAST 317.15 FEET TO THE TRUE POINT OF BEGINNING. •CLTA Preliminary Title Report IPrelm (DS! Rev. 8/15/16) Page 3 Order No.: 00528713-995-SDT-ZW1 PRELIMINARY REPORT Ticor Title Company of California YOUR REFERENCE: APN: 168-020-65 EXHIBIT A (Continued) PARCEL 3: ALL THAT PORTION OF LOT "ID" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP OF SAID RANCHO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEO. L. GUNN AND CHESTER D. GUNN, AND RECORDED NOVEMBER 6, 1920 IN BOOK 829, PAGE 314 OF DEEDS, RECORDS OF SAID COUNTY, SAID POINT BEING IN THE LINE BETVVEEN SECTIONS 34 AND 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN AND BASE; SAID POINT BEING SOUTHERLY 2951.5 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 35: THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 35, 331.06 FEET MORE OR LESS, TO THE WEST QUARTER CORNER OF SAID SECTION 35; THENCE EASTERLY ALONG THE EAST AND WEST CENTER LINE OF SAI9D SECTION 35, 1319 FEET MORE OR LESS TO THE ITS INTERSECTION WITH AN EASTERLY BOUNDARY OF THE ABOVE INTERSECTION WITH AN EASTERLY BOUNDARY OF THE ABOVE MENTIONED PARCEL OF LAND CONVEYED TO GEO. L. GUNN AND CHESTER D. GUNN; THENCE SOUTHERLY 336.12 FEET MORE OR LESS ALONG THE BOUNDARY OF THE LAND SO CONVEYED, TO A SOUTHEAST CORNER THEREOF; THENCE THE FOLLOWING THE SOUTHERLY BOUNDARY OF SAID LAND WESTERLY 1319 FEET MORE OR LESS TO THE POINT OF BEGINNING. PARCEL 4: THAT PORTION OF THE LAND HEREIN DESCRIBED WHICH LIES WESTERLY OF A LINE DRAWN PARALLEL WITH AND 100 FEET AT RIGHT ANGLES EASTERLY FROM THE WESTERLY BOUNDARY LINE OF SAID FOLLOWING DESCRIBED PARCEL OF LAND: ALL THAT PORTION OF LOT "D", 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, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER OF FRACTIONAL SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SAID SECTION IS SHOWN ON SAID MAP NO. 823; THENCE SOUTH 0°14' WEST 2125.80 FEET ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WITHIN THE GRANT TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND LIZABETH GUNN TO GEORGE L. GUNN AND CHESTER D. GUNN, BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 829, PAGE 314 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE SOUTH 74°39' WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 18°27' EAST 267.00 FEET; THENCE SOUTH 54°42'40" WEST 308.62 FEET; THENCE NORTH 20°12' WEST 263.96 FEET; THENCE NORTH 54°35' EAST 317.15 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 5: ALL THAT PORTION OF LOT "0" OF THE 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 DESCRIBED AS FOLLOWS: CLTA Preliminary Title Report - !Pre1m (DSI Rev. 8/15/16) Page 4 Order No • 00528713-995-SDT-ZW1 PRELIMINARY REPORT Ticor Title Company of California YOUR REFERENCE: APN: 168-020-65 BEGINNING AT THE NORTH QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTH 00°14'00" WEST 2125.80 FEET ALONG NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WITHIN THE GRANT TO SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEORGE L., GUNN AND CHESTER D. GUNN BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 829. PAGE 314 OF DEEDS; THENCE SOUTH 74°39'00" WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 18°27'00" EAST 267.00 FEET; THENCE SOUTH 54°42'40" WEST 303.62 FEET; THENCE NORTH 20°12'00" WEST 263.96 FEET; THENCE NORTH 54°35'00" EAST 317.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF ABOVE DESCRIBED PARCEL LYING BETWEEN WESTERLY BOUNDARY THEREOF AND A LINE DRAWN PARALLEL WITH AND 100.00 FEET MEASURED AT RIGHT ANGLES EASTERLY FROM SAID WESTERLY BOUNDARY. APN: 168-020-65-00 CLTA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page 5 Order No.: 00528713-995-SIDT-ZW1 PRELIMINARY REPORT Ticor Title Company of California YOUR REFERENCE: APN: 168-020-65 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 2018 - 2019. B.There were no taxes levied for the fiscal year 2017-2018 as the property was vested in a public entity. 1.Water rights, claims or title to water, whether or not disclosed by the public records. 2.Rights and easements for navigation and fishery which may exist over that portion of said Land lying beneath the waters of Calavera Lake. 3.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The Vista Irrigation District Purpose: pipe lines Recording Date: October 6, 1925 Recording No: Book 1122, page. 324 of Deeds Affects: Parcel 5 4.Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 5, 1930 Recording No: Book 1799. page 149 of Deeds Affects: Parcel 1 5.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: .San Diego Consolidated Gas and Electric Company Purpose: public utilities, ingress, egress Recording No: Book 1566, page 21 of Deeds Affects: Parcel 1 herein described 6.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Citizens National Trust and Savings Bank of Los Angeles •Purpose: pipe line Recording No: Book 1806, page 184 of Deeds Affects: Parcels 2 and 3 CLTA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page 6 Order No.: 00528713-995-SDT-ZW1 PRELIMINARY REPORT Ticor Title Company of California YOUR REFERENCE: APN: 168-020-65 EXCEPTIONS (Continued) 7.Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 5, 1930 Recording No: Book 1806, page 186 of Deeds Affects: Parcel 5 8.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Consolidated Gas and Electric Company, a corporation Purpose: public utilities, ingress, egress Recording No: Book 1566. page 22 of Deeds Affects: Parcel 3 9.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Citizens National Trust and Savings Bank Purpose: pipe lines Recording Date: December 10, 1932 Recording No: Book 184, page 33 of Official Records Affects: Parcel 4 10.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Gas and Electric Company Purpose: public utilities, ingress, egress Recording No: Book 1118, page 495 of Official Records Affects: Parcel 2 11.Matters contained in that certain document Entitled: Declaration of Restrictive Covenants Dated: June 16, 2017 Executed by: City of Carlsbad, a municipal corporation Recording Date: December 01, 2017 Recording No: 2017-0559112 of Official Records Reference is hereby made to said document for full particulars. 12.Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. CLTA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page 7 Order No.: 00528713-995-SDT-ZW1 PRELIMINARY REPORT YOUR REFERENCE: APN: 168-020-65 Ticor Title Company of California EXCEPTIONS (Continued) 13.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. 14.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. 15.Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 16.Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CILTA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page 8 Order No.: 00528713-995-SDT-ZW1 PRELIMINARY REPORT Ticor Title Company of California YOUR REFERENCE: APN: 168-020-65 REQUIREMENTS SECTION 1.That Requirement that this Company be furnished proper regulatory statutes authorizing this transaction and appropriate documentation indicating who may execute on behalf of the City of Carlsbad, a political corporation and/or governmental agency. 2.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. END OF REQUIREMENTS CLTA Preliminary Title Report IPrelm (DS! Rev. 8/15/16) Page 9 Order No.: 00528713-995-SDT-ZW1 PRELIMINARY REPORT Ticor Title Company of California YOUR REFERENCE: APN: 168-020-65 INFORMATIONAL NOTES SECTION 1.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. 2.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 properties, known as APN: 168-020-65, located within the city of Carlsbad, California„ to an Extended Coverage Loan Policy. 3.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. 4.Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 5.Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 6.Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Zona Weekley/ry0 CLTA Preliminary Title Report [PreIm (DSI Rev. 8/15/16) Page 10 Order No.: 00528713-995-SDT-ZW1 IRESAFE Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. •NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. •ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. •USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. •USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: Internet Crime Complaint Center: hitp://www.faqov http://www.ic3.qov Wire Fraud Alert Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with certain personal information about you, like your contact information, address demographic information, social security number (SSN), driver's license, passport, other government ID numbers and/or financial information. We may also receive browsing information from your Internet browser, computer and/or mobile device if you visit or use our websites or applications, How Information is Collected. We may collect personal information from you via applications, forms, and correspondence we receive from you and others related to our transactions with you. When you visit our websites from your computer or mobile device, we automatically collect and store certain information available to us through your Internet browser or computer equipment to optimize your website experience. Use of Collected Information. We request and use your personal information to provide products and services to you, to improve our products and services, and to communicate with you about these products and services. We may also share your contact information with our affiliates for marketing purposes. When Information Is Disclosed. We may disclose your information to our affiliates and/or nonaffiliated parties providing services for you or us, to law enforcement agencies or governmental authorities, as required by law, and to parties whose interest in title must be determined. Choices With Your Information. Your decision to submit information to us is entirely up to you. You can opt-out of certain disclosure or use of your information or choose to not provide any personal information to us. . Information From Children. We do not knowingly collect information from children who are under the age of 13, and our website is not intended to attract children. Privacy Outside the Website. We are not responsible for the privacy practices of third parties, even if our website links to those parties' websites. International Users. By providing us with your information, you consent to its transfer, processing and storage outside of your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their 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 or by using our website, you are accepting and agreeing to the terms of this Privacy Notice. Access and Correction; Contact Us. If you desire to contact us regarding this notice or your information, please contact us at privacy@fnf.com or as directed at the end of this Privacy Notice. FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright @ 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 3/2/17) Page 1 Order No. 00528713-995-SDT-ZW1 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate- and loan-related services (collectively, "FNF", "our or "we") respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the "Website"). Types of Information Collected We may collect two types of information from you: Personal Information and' Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: •contact information (e.g., name, address, phone number, email address); •demographic information (e.g., date of birth, gender, marital status); •social security number (SSN), driver's license, passport, and other government ID numbers; •financial account information; and •other personal information needed from you to provide title insurance, real estate- and loan-related services to you. Browsing Information. FNF may collect the following categories of Browsing Information: •Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; •browser language and type; •domain name system requests; •browsing history, such as time spent at a domain, time and date of your visit and number of clicks; •http headers, application client and server banners; and •operating system and fingerprinting data. 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; •the correspondence you and others send to us; •information we receive through the Website; •information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and •information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing Information from you as follows: •Browser' Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. •Cookies. When you visit our Website, a "cookie" may be sent to your computer. A cookie, is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. VVhen you visit a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: •To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. •To improve our products and services. •To communicate with you and to inform you about our, our affiliates' and third parties' products and services, jointly or independently. When Information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information" to learn how to limit the discretionary disclosure of your Personal Information and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: •to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; •to our affiliate financial service providers for their use to market their products or services to you; •to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; •to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; •to law enforcement or other governmental authority in .connection with an investigation, or civil or criminal subpoena or court order, FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DS' Rev. 3/2/17) Page 2 Order No. 00528713-995-SDT-ZW1 •to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and •other third parties for whom you have given us written authorization to disclose your Personal Information. 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 material, document, image, graphic, logo, design, audio, video or any other 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 maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party's own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the 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 the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a 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 Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: •for our everyday business purposes — to process your transactions, maintain your account(s), to respond to law •enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court •orders, or report to credit bureaus; •for our own marketing purposes; •for joint marketing with financial companies; and •for our affiliates' everyday business purposes — information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances ("opt-our): •for our affiliates' everyday business purposes — information about your creditworthiness; and •for our affiliates to market to you. To the extent permitted above, you may opt-out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINF0@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. Information From Children The Website is meant for adults and 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. By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright 0 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DS] Rev. 3/2/17) Page 3 Order No. 00528713-995-SDT-ZW1 FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Information and/or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act For some FNF websites, such as the Customer CareNet ("CCN''), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: •first and last name; •property address; •user name and password; •loan number; •social security number - masked upon entry; •email address; •three security questions and answers; and •IP address. The information you submit through the website 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 (1) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. 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, you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in .compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright @ 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DS! Rev. 3/2/17) Page 4 Order No. 00528713-995-SDT-ZW1 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 FNF Underwriter TTCC - Ticor Title Company of California CTIC - Chicago Title Insurance Company Available Discounts 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 (TTCC 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: 12/01/2014 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 an' 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: Attachment One (6-5-14) CA & NV 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; c.that result in no loss to You; or d.that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a.to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b.in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. 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: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $ 10,000.00 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Attachment One (6-5-14) CA & NV 3. Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant •and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided "under Covered Risk 11, 13 or 14); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the 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 T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (PART I (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. PART 11 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: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Attachment One (6-5-14) CA & NV 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.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (04-02-15) 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 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b), does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; Attachment One (6-5-14) CA & NV (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. 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 07 -i1 5 This map/plat lo being furnished as an aid in locating the herein described Land In role lion to adjoining in streets, natural boundanes and other land, and Is not a aurvey of the land depicted. &cep: to the extent a polity of title insurance Is expressly modified by endorseunent, if any, the Company does not insure . 0 dimensions, distances, location of easements, acreage °rather matters shown thereon. a, • .., . ible_, Ci43. ;T: ''A .141..22 S AO ..M• .. `C- :-.3 v:i.,. s ir,,,N * ..1.A.I;4.,.. 0 1 di 714:2444 : :;1;; °"2"" SHT1 6's It° lI 1 ▪3.113.80 ‘Y•G• PAR A C.) 23A0AC •SHT 2jo h 34.30AC 2. POR. RANCHO CALEVERO MOBILE HOME PARK (SEE SH"C 33 143f,ta SHT 2 03" POR. MI/ pa •''' A s 1 c' 1 tZtl. — ''. 2.9‘5-A.c. ". i4-0 I V .2. • 13 '.. I ......4.... --4 —,T7 -1 -1AVEN I-14 4 > • 0 0 1; ' I , P * I 4'3'4 N 0 GREEN VALLEY MOBILE HOME FARK5 3 •csE E z ° A -NO ACCESS LOT PIQ 7i.11Ar;12:14; ‘'3 425 19 /0 S. 4•.,.t.yra 8I .4.tta .:zn 330 ra; .1/4 87 57: f`tt115Ati!E.4.4 :8212 4: 1 2: ve t:04 , 1 :31(t. . 8 1,0 2 3 4 ,, .401 , 3 2 7 jag' 83 0.3 QHANC-ES DJ( C4-D ike.S.4 cur gso 920 020 08/29/2011 ACR A 59 di) 5190 'ill 4 :4 /1 3 7 r e: 03, 1 4,655,14, 7y,,sx. f/1),f 1"=400' X522 P.) /p.0 55 12 1318 KIEL 81 42,4 05' 58315 PD 1, RI 33111 3604 3315 SAN 01530 COUNTY ASSESSOR'S MAP BOOK IES PO 02 SHT 1 OF 3 SECS 26 & 27 & 34 & 35 - T11S - R4W -POR MAP 823 - RANCHO AGUA HEDIONDA ROS 12939 ft tm,72.42,1 SKr 1 SHT 2 SHT 2 •w0 -MY I or OCEANS' E0 M./ es A.7 54, 55 /051 168 - 02 SHT 1 OF 3 — ,AINGS AVE 1.do 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 , further described as follows: See Preliminary Report/Commitment No. 00528713-995- SDT-ZW1 for full legal description (the "Land"). b.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. 00528713-995- SDT-ZW1 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 Ticor Title Company of California 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 Ticor Title Company of California (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 MISCO220.doc — Owner's Declaration (Rev. 05/05/15) Signature: OWNER'S DECLARATION Escrow No.: 00528713-995-SDT-ZW1 Property Address: unimproved parcel Carlsbad, CA 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 unimproved parcel, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b.Declarant is the of ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at unimproved parcel, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. 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 Ticor Title Company of California 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. 6. 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. 8.Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured Instrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. This declaration is made with the intention that Ticor Title Company of California (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: Owner's Declaration Printed: 11/12/2014 9:27 AM by ZW MISCO220 (DS! Rev. 10/17/17) Page 14 Esc CID TICOR TITLE" 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00528714-995-ZW1 City of Carlsbad 1635 Faraday Carlsbad, CA 92008 ATTN: Danny Zimny, P.E, Q.S.D. Email: Daniel.Zimny@carlsbadca.gov Reference No.: APN: 168-040-02 Reference No.: APN: 168-040-02 PROPERTY: Unimproved Parcel, Carlsbad, CA Escrow/Customer Phone: (760) 602-7551 Title Officer: Zona Weekley Title Officer Phone: (619) 260-0015 Title Officer Fax: (619) 692-9465 Title Officer Email: z.weekley@ticortide.com PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Ticor Title Company of California 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 Florida 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. By /Utast Randy puirac, Ptsidant Authorized Signature lAjchael Grawi,Ife. Stcreta:y CLTA Preliminary Title Report IPrelm (DS( Rev. 8/15/16) Page 1 Order No.: 00528714-995-SDT-ZW1 TICOR TITLE 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 PRELIMINARY REPORT EFFECTIVE DATE: March 19, 2018 at 7:30 a.m. ORDER NO.: 00528714-995-ZW1 The form of policy or policies of title insurance contemplated by this report is: PRELIMINARY REPORT ONLY 1.THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2.TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE CITY OF CARLSBAD, a political corporation and/or governmental agency 3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page 2 Order No: 00528714-995-SDT-ZVV1 PRELIMINARY REPORT YOUR REFERENCE: APN: 168-040-02 Ticor Title Company of California EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PARCEL OF LAND DESCRIBED AS PARCEL 11 IN DEED TO CITY OF CARLSBAD RECORDED DECEMBER 8, 1958 AS INSTRUMENT NO. 205757 OF OFFICIAL RECORDS IN BOOK 7386. PAGE 341 AND DESCRIBED AS FOLLOWS: ALL THOSE PORTIONS OF LOTS "D" AND "L" OF THE RANCHO AQUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE COUNTY RECORDER'S OFFICE NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT "L"; WHENCE THE NORTHEAST CORNER OF SAID LOT "L" BEARS SOUTH 89°44' EAST 13.23 FEET; THENCE NORTH 0°1020" WEST 72.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88°25'20" WEST 269.25 FEET; THENCE SOUTH 52°18'40" WEST 85.89 FEET; THENCE SOUTH 13°55'40" WEST 131.35 FEET; THENCE SOUTH 58'05'40" WEST 123.70 FEET; THENCE SOUTH 20'30'40" WEST 90.20 FEET; THENCE SOUTH 47°33'30" WEST 346.14 FEET; THENCE NORTH 58°19'20" WEST 708.04 FEET; THENCE NORTH 15°07'40" EAST 352.94 FEET; THENCE NORTH 58°55'10" EAST 133.68 FEET; THENCE NORTH 12°59'10" EAST 98.60 FEET; THENCE NORTH 29°04'20" WEST 327.22 FEET; THENCE NORTH 8°53'20" WEST 203.55 FEET; THENCE NORTH 7'09'10" EAST 191.00 FEET; THENCE SOUTH 81°59'20" EAST 97.10 FEET; THENCE SOUTH 43°39'50" EAST 154.05 FEET; THENCE SOUTH 80°11'50" EAST 119.10 FEET; THENCE SOUTH 10°57 EAST 66.52 FEET; THENCE SOUTH 60°20' EAST 131.15 FEET; THENCE SOUTH 72°50' EAST 179.60 FEET; THENCE NORTH 34°41' EAST 151.65 FEET; THENCE NORTH 6°27' EAST 213.52 FEET; THENCE NORTH 66°43' EAST 104.52 FEET; THENCE NORTH 23°05' EAST 178.00 FEET; THENCE NORTH 6°23' EAST 454.00 FEET; THENCE NORTH 55°14' EAST 224.10 FEET; THENCE SOUTH 14'43' EAST 198.05 FEET; THENCE SOUTH 20°46' EAST 329.80 FEET; THENCE SOUTH 0°10'20" EAST 1290.76 FEET TO THE TRUE POINT OF BEGINNING. APN: PRIOR 168-040-02-00; NEW 168-041-19-00 CLTA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page 3 Order No.: 00528714-995-SDT-ZW1 PRELIMINARY REPORT Ticor Title Company of California YOUR REFERENCE: APN: 168-040-02. 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 2018 - 2019. B.There were no taxes levied for the fiscal year 2017-2018 as the property was vested in a public entity. Affects: APN: 168-041-19-00 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. 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 granted in a document: Granted to: San Diego Gas and Electric Company, a corporation Purpose: public utilities, ingress, egress Recording Date: May 20, 1953 Recording No: Book 4861, pacie 47 as Instrument No. 69302 of Official Records Affects: A portion of the Land described herein. 3. The fact said land is shown on Record of Survey Map No. 12939 recorded October 25, 1990. 4. Matters contained in that certain document Entitled: Declaration of Restrictive Covenants Dated: June 16, 2017 Executed by: City of Carlsbad, a municipal corporation Recording Date: December 01, 2017 Recording No: 2017-0559112 of Official Records Reference is hereby made to said document for full particulars. 5. Rights and easements for navigation and fishery which may exist over that portion of said land lying beneath the waters of Calavera Lake. 6. Any adverse claim based upon the assertion that: a)Some portion of said Land has been created by artificial means, or has accreted to such portion so created. b)Some portion of said Land has been brought within the boundaries thereof by an avulsive movement of Calavera Lake or has been formed by accretion to any such portion. 7. Rights and easements for navigation and fishery which may exist over that portion of said Land lying beneath the waters of Calavera Lake. 8. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. CLTA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page 4 Order No.: 00528714-905-SDT-ZW1 PRELIMINARY REPORT YOUR REFERENCE: APN: 168-040-02 Ticor Title Company of California EXCEPTIONS (Continued) 9.Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 10.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. 11.Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Title Report IPrelm (DS' Rev. 8/15/16) Page 5 Order No.: 00528714-995-SDT-Z1/1/1 PRELIMINARY REPORT YOUR REFERENCE: APN: 168-040-02 Ticor Title Company of California REQUIREMENTS SECTION 1. This Company will require evidence of compliance with the statutory limitations incident to the governmental agency named below, with reference to any conveyance of an interest in the Land this Company will be asked to record and/or rely upon in the issuance of any forrn of title insurance. Governmental agency: The City of Carlsbad, a political corporation and/or governmental agency 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: The City of Carlsbad, a political corporation and/or governmental agency a)A Copy of the corporation By-laws and Articles of Incorporation 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 d)A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 3. 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. END OF REQUIREMENTS CLTA Preliminary Title Report IPrelm (DS! Rev. 8/15/16) Page 6 Order No.: 00528714-995-SDT-ZW1 PRELIMINARY REPORT Ticor Title Company of California YOUR REFERENCE: APN: 168-040-02 INFORMATIONAL NOTES SECTION 1.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. 2.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. 3.Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 4.Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. OTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 5.Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Zona Weekley/ry0 CLTA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page 7 Order No.: 00528714-995-SDT-ZW1 :Li Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. •NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. •ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrebt or the email may be intercepted by the fraudster. •USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. •USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: Internet Crime Complaint Center: hdp://www.fbLgov http://www.icagov Wire Fraud Alert Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and @ Fidelity National Financial, Inc. and/or an affiliate. All rights reserved FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with certain personal information about you, like your contact information, address demographic information, social security number (SSN), driver's license, passport, other government ID numbers and/or financial information. We may also receive browsing information from your Internet browser, computer and/or mobile device if you visit or use our websites or applications. How Information is Collected. We may collect personal information from you via applications, forms, and correspondence we receive from you and others related to our transactions with you. When you visit our websites from your computer or mobile device, we automatically collect and store certain information available to us through your Internet browser or computer equipment to optimize your website experience. Use of Collected Information. We request and use your personal information to provide products and services to you, to improve our products and services, and to communicate with you about these products and services. We may also share your contact information with our affiliates for marketing purposes. When Information Is Disclosed. We may disclose your information to our affiliates and/or nonaffiliated parties providing services for you or us, to law enforcement agencies or governmental authorities, as required by law, and to parties whose interest in title must be determined. Choices With Your Information. Your decision to submit information to us is entirely up to you. You can opt-out of certain disclosure or use of your information or choose to not provide any personal information to us. Information From Children. We do not knowingly collect information from children who are under the age of 13, and our website is not intended to attract children. Privacy Outside the Website. We are not responsible for the privacy practices of third parties, even if our website links to those parties' websites. International Users. By providing us with your information, you consent to its transfer, processing and storage outside of your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their 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 or by using our website, you are accepting and agreeing to the terms of this Privacy Notice. Access and Correction; Contact Us. If you desire to contact us regarding this notice or your information, please contact us at privacy@fnf.com or as directed at the end of this Privacy Notice. FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 PSI Rev. 3/2/17) Page 1 Order No. 00528714-995-SDT-ZVV1 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate- and loan-related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the 'Website"). Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: •contact information (e.g., name, address, phone number, email address); •demographic information (e.g., date of birth, gender, marital status); •social security number (SSN), driver's license, passport, and other government ID numbers; •financial account information; and •other personal information needed from you to provide title insurance, real estate- and loan-related services to you. Browsing Information. FNF may collect the following categories of Browsing Information: •Internet Protocol (or IP) address or devide ID/UDID, protocol and sequence information; •browser language and type; •domain name system requests; •browsing history, such as time spent at a domain, time*and date of your visit and number of clicks; •http headers, application client and server banners; and •operating system and fingerprinting data. 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; •the correspondence you and others send to us; •information we receive through the Website; •information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and •information from consumer or other reporting agencies and public records- maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing Information from you as follows: •Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. •Cookies. When you visit our Website, a "cookie" may be sent to your computer. A cookie is a 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 a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: •To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. •To improve our products and services. •To communicate with you and to inform you about our, our affiliates' and third parties' produCts and services, jointly or independently. When information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information" to learn how to limit the discretionary disclosure of your Personal Information and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: •to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation,.or nondisclosure; •to our affiliate financial service providers for their use to market their products or services to you; •to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; •to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; •to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order; FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright O 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 3/2/17) Page 2 Order NO. 00528714-995-SDT-ZW1 •to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and •other third parties for whom you have given us written authorization to disclose your Personal Information. 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 material, document, image, graphic, logo, design, audio, video or any other 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 maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party's own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the 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 the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a 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 Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: •for our everyday business purposes — to process your transactions, maintain your account(s), to respond to law •enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court •orders, or report to credit bureaus; •for our own marketing purposes; •for joint marketing with financial companies; and •for our affiliates' everyday business purposes — information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances ("opt-our): •for our affiliates' everyday business purposes — information about your creditworthiness; and •for our affiliates to market to you. To the extent permitted above, you may opt-out of disclosure or use of your-Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINF0@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. Information From Children The Website is meant for adults and 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. By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DS! Rev. 3/2/17) Page 3 Order No. 00528714-995-SDT-ZVV1 FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Information and/or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: •first and last name; •property address; •user name and password; •loan number; •social security number - masked upon entry; •email address; •three security questions and answers; and •IP address. The information you submit through the website 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 (1) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. 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, you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fritcom or by mail or phone to: Fidelity National Financial, Inc. 691 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright @ 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 3/2/17) Page 4 Order No. 00528714-995-SDT-ZW1 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 FNF Underwriter TTCC - Ticor Title Company of California CTIC - Chicago Title Insurance Company Available Discounts 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 (TTCC 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: 12/01/2014 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: Attachment One (6-5-14) CA & NV 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; c.that result in no loss to You; or d.that first occur after the Policy Date - this does not limit the coverage described in Covered Risk.7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a.to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b.in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. 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: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $ 10,000.00 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Attachment One (6-5-14) CA & NV 3. Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the 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 T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (PART (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 Publio 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. PART II 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: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Attachment One (6-5-14) CA & NV 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.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (04-02-15) 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 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; Attachment One (6-5-14) CA & NV (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. 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 SHT 4 ;-£ 09 SMI RECO CORRY ASOSOITS 111,1, 168-04 SHT 1 OF 2 1" = 400' 00/14/2015 JOD *WWIQ S S cu •067401 OPEN SPACE ,T-IANGE SHT 2 SHT 1 SHT 2 '944, 0/30,4,. H.H2 SHT 2 41111TESANDS Cr' SFIT 1 COASTAEW CT CAY DR TAMARACK 1* NO ACCESS 2* 10—FOOT WOE ACCESS TO COLLEGE BLVD 3. CONDO MYSTIC PCANT VILLAGE E-1 PHASES 1-5, & 12 00C 04-0075083 (SEE SHT 3) ARTESIAN WAY (PRIVATE Si) S. ESKER WAY (PRIVATE ST) 6* JETTY PT (PRIVATE ST) 7* BACKSHORE CT (PRIVATE ST) SHT 1 SHT NW CON SHT 2 SHT 2 3* s.,.0 pit-0041 t s_ 4' 6. g.1211c1R30.0 VP% SHT 1 Mau Is being ilurrtilUmsei as et oorayanionoo to locate the ry siomorinoci long in reamtlort to etelJoIrving streets tang other vs. 1 -1-se Company goes not guar...too clirnonsiono, Statalunce%, boarings,or moreen.e latotool thereon, nor Is. It Intone:log to Mu/grater Urged lounging County orclinsartoom, I.o. zoning sand bulwlet e ItIgAlr TCT 01-03 CALAVERA HILLS VILLAGE E-1 Cfnolati inforrnation conoorning the um. 11* IliSEIAD TCT NO 83-19, CALAVERA HILLS VILLAGE T b "I'L'41" ."1frant IC.211 glia"mmer.t 2"""12950 — CARLSBAD TCT NO 83-32, CALAVERA HILLS VILLAGE Q MAP 823 —RHO AGUA HEDIONDA RQS 630,4610,9336,11186,11847,12939,16661 •i 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 , further described as follows: See Preliminary Report/Commitment No. 00528714-995- SDT-ZW1 for full legal description (the "Land"). b.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. 00528714-995- SDT-ZW1 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 Ticor Title Company of California 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 Ticor Title Company of California (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 MISCO220.doc — Owner's Declaration (Rev. 05/05/15) Signature: OWNER'S DECLARATION Escrow No.: 00528714-995-SDT-ZW1 Property Address: Unimproved Parcel Carlsbad, CA 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 Unimproved Parcel, 'Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b.Declarant is the of ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at Unimproved Parcel, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. 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 Ticor Title Company of California 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. 8.Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured Instrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. This declaration is made with the intention that Ticor Title Company of California (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: Owner's Declaration Printed: 11/12/2014 9:27 AM by ZW MISCO220 (DS! Rev. 10/17/17) Page 14 Et TICOR TITLE" 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00528715-995-ZW1 City of Carlsbad 1635 Faraday Carlsbad, CA 92008 ATTN: Danny Zimny, P.E, Q.S.D. Email: Daniel.Zimny@carlsbadcagov Reference No.: APN: 223-120-33 Reference No.: APN: 223-120-33 . PROPERTY: Unimproved Parcel, Carlsbad, CA Escrow/Customer Phone: (760) 602-7651 Title Officer: Zona Weekley Title Officer Phone: (619) 260-0015 Title Officer Fax: (619) 692-9465 Title Officer Email: z.weekley@ticortitle.com. PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, ricer Title Company of California 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 Deducible 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 Florida 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. ktest. Randy .Quirk. Pistdent Authorized Signature MictioeZ Gra•;,eile, Sedr.ltary CLTA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page 1 Order No.: 00528715-995-SDT-ZW1 T1COR TITLE' 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 PRELIMINARY REPORT EFFECTIVE DATE: March 19, 2018 at 7:30 a.m. ORDER NO.: 00528715-995-ZW1 The form of policy or policies of title insurance contemplated by this report is: PRELIMINARY REPORT ONLY 1.THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2.TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE CITY OF CARLSBAD, California, a municipal corporation 3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page 2 Order No.: 00528715-995-SDT-ZW1 PRELIMINARY REPORT YOUR REFERENCE: APN: 223-120-33 Ticor Title Company of California EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: • ALL THAT PORTION OF LOT 23 OF LA COSTA VALE UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7457, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 18, 1972, LYING NORTHERLY OF THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. APN: 223-120-33 CLTA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page 3 Order No.: 00528715-995-SDT-ZW1 PRELIMINARY REPORT YOUR REFERENCE: APN: 223-120-33 Ticor Title Company of California 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 2018 - 2019. B.There were no taxes levied for the fiscal year 2017-2018 as the property was vested in a public entity. Affects: APN: 223-120-33-00 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. _ 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 granted in a document: Granted to: San Diego County Flood Control District Zone 1 Purpose: drainage Recording Date: November 18, 1969 Recording No: 21.1764 of Official Records Affects: A portion of the Land described herein. 3.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego County Flood Control District Zone Purpose: drainage Recording Date: March 24, 1970 Recording No: 51747 of Official Records Affects: A portion of the Land described herein. 4.Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: drainage Affects: as shown on said map Purpose: open space excepting that drainage easement Affects: as shown on said map 5.Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 6, 1974 Recording No: 74-0212493 of Official Records CLTA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page 4 Order No.: 00528715-995-SDT-ZW1 PRELIMINARY REPORT YOUR REFERENCE: APN: 223-120-33 Ticor Title Company of California EXCEPTIONS (Continued) 6.Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 7.Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 8.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. 9.Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page 5 Order No.: 00528715-995-SDT-ZW1 PRELIMINARY REPORT Ticor Title Company of California YOUR REFERENCE: APN: 223-120-33 REQUIREMENTS SECTION 1. 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: THE CITY OF CARLSBAD, California, a municipal corporation a)A Copy of the corporation By-laws and Articles of Incorporation 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 d)A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 2. 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. END OF REQUIREMENTS CLTA Preliminary Title Report 1Prelm (DS! Rev. 8/15/16) Page 6 Order No.: 00528715-995-SDT-ZW1 PRELIMINARY REPORT YOUR REFERENCE: APN: 223-120-33 Ticor Title Company of California INFORMATIONAL NOTES SECTION 1.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. 2.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. 3.Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 4.Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 5.Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Zona Weekley/ry0 CLTA Preliminary Title Report IPrelm (DS! Rev. 8/15/16) Page 7 Order No.: 00528715-995-SDT-ZW1 •11104 •ILO• •• •1214• a• Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transactions we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. •NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. •ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. •USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. •USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: Internet Crime Complaint Center: http://www.fbiciov http://www.ic3.gov Wire Fraud Alert Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 VVIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with certain personal information about you, like your contact information, address demographic information, social security number (SSN), driver's license, passport, other government ID numbers and/or financial information. We may also receive browsing information from your Internet browser, computer and/or mobile device if you visit or use our websites or applications, How Information is Collected. We may collect personal information from you via applications, forms, and correspondence we receive from you and others related to our transactions with you. When you visit our websites from your computer or mobile device, we automatically collect and store certain information available to us through your Internet browser or computer equipment to optimize your website experience. Use of Collected Information. We request and use your personal information to provide products and services to you, to improve our products and services, and to communicate with you about these products and services. We may also share your contact information with our affiliates for marketing purposes. When.Information Is Disclosed. We may disclose your information to our affiliates and/or nonaffiliated parties providing services for you or us, to law enforcement agencies or governmental authorities, as required by law, and to parties whose interest in title must be determined. Choices With Your Information. Your decision to submit information to us is entirely up to you. You can opt-out of certain disclosure or use of your information or choose to not provide any personal information to us. Information From Children. We do not knowingly collect information from children who are under the age of 13, and our website is not intended to attract children. Privacy Outside the Website. We are not responsible for the privacy practices of third parties, even if our website links to those parties' websites. International Users. By providing us with your information, you consent to its transfer, processing and storage outside of your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their 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 or by using our website, you are accepting and agreeing to the terms of this Privacy Notice. Access and Correction; Contact Us. If you desire to contact us regarding this notice or your information, please contact us at privacy@fnf.com or as directed at the end of this Privacy Notice. FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DS! Rev. 3/2/17) Page 1 Order No. 00528715-995-SDT-ZW1 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate- and loan-related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the "Website"). Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: •contact information (e.g., name, address, phone number, email address); •demographic information (e.g., date of birth, gender, marital status); •social security number (SSN), driver's license, passport, and other government ID numbers; •financial account information; and •other personal information needed from you to provide title insurance, real estate- and loan-related services to you. Browsing Information. FNF may collect the following categories of Browsing Information: •Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; •browser language and type; •domain name system requests; •browsing history, such as time spent at a domain; time and date of your visit and number of clicks; •http headers, application client and server banners; and •operating system and fingerprinting data. 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; •the correspondence you and others send to us; •information we receive through the Website; •information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and •information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use. our Website, we may collect Browsing Information from you as follows: •Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. •Cookies. When you visit our Website, a "cookie" may be sent to your computer. A cookie is a 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 a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: •To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. •To improve our products and services. •To communicate with you and to inform you about our, our affiliates' and third parties' products and services, jointly or independently. When Information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information" to learn how to limit the discretionary disclosure of your Personal Information and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: •to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; •to our affiliate financial service providers for their use to market their products or services to you; •to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; •to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; •to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order; FNF Privacy Statement (Eft. 5/1/2015) Last Updated March 1, 2017 Copyright O 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 3/2/17) Page 2 Order No. 00528715-995-SDT-ZW1 •to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and •other third parties for whom you have given us written authorization to disclose your Personal Information. 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 material, document, image, graphic, logo, design,. audio, video or any other 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 maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party's own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the 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 the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a 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 Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: •for our everyday business purposes — to process your transactions, maintain your account(s), to respond to law •enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court •orders, or report to credit bureaus; •for our own marketing purposes; •for joint marketing with financial companies; and •for our affiliates' everyday business purposes — information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances ('opt-out"): •for our affiliates' everyday business purposes — information about your creditworthiness; and •. for our affiliates to market to you. To the extent permitted above, you may opt-out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINF0@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. Information From Children The Website is meant for adults and 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. By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright 0 2017. Fidelity National Financial, Inc. All Rights Reserved kuscp219 (DSI Rev. 3/2/17) Page 3 Order No. 00528715-995-SDT-ZW1 FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Information and/or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: •first and last name; •property address; •user name and password; •loan number; •social security number - masked upon entry; •email address; •three security questions and answers; and •IP address. The information you submit through the website 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 (1) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. 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, you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354. FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright @ 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DS! Rev. 3/2/17) Page 4 Order No. 00528715-995-SDT-ZW1 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 FNF Underwriter TTCC - Ticor Title Company of California CTIC - Chicago Title Insurance Company Available Discounts 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 (TTCC 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: 12/01/2014 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: Attachment One (6-5-14) CA & NV 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; c.that result in no loss to You; or d.that first occur after-the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a.to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b.in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. 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: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $ 10,000.00 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1, (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Attachment One (6-5-14) CA & NV 3. Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the 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 phis policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of. (PART I (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. PART II 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: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Attachment One (6-5-14) CA & NV 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.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (04-02-15) 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 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; Attachment One (6-5-14) CA & NV (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 toss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments'imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. 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 a al os• I, - 2 Z L. CD This map/plat is being furnished as an arti in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depleted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon. Order 00066117 Doc: 223-12 MAP ASSESSOR Page 1 of 1 Requested By: Michael Moore , Printed: 1/4/2017 10:17 AM 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 , further described as follows: See Preliminary Report/Commitment No. 00528715-995- SDT-ZW1 for full legal description (the "Land"). b.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. 00528715-995- SDT-ZW1 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 Ticor Title Company of California 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 Ticor Title Company of California (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 MISCO220.doc — Owner's Declaration (Rev. 05/05/15) Signature: OWNER'S DECLARATION Escrow No.: 00528715-995-SDT-ZW1 Property Address: Unimproved Parcel Carlsbad, CA 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 Unimproved Parcel, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b.Declarant is the of ("Owner"), which is. the owner or lessee, as the case may be, of certain premises located at Unimproved Parcel, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. 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 Ticor Title Company of California 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. 8.Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured Instrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. This declaration is made with the intention that Ticor Title Company of California (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: Owner's Declaration Printed: 11/12/2014 9:27 AM by ZVV MISCO220 (DS! Rev. 10/17/17) Page 14 Esc EXIIWIT E 23 PHOTO DOCUMENTATION REMOVED FOR RECORDATION PURPOSES. FULL REPORT AND PHOTOS ON FILE AT THE CITY OF CARLSBAD. PHOTO DOCUMENTATION REMOVED FOR RECORDATION PURPOSES. FULL REPORT AND PHOTOS ON FILE AT THE CITY OF CARLSBAD. PHOTO DOCUMENTATION REMOVED FOR RECORDATION PURPOSES. FULL REPORT AND PHOTOS ON FILE AT THE CITY OF CARLSBAD.