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HomeMy WebLinkAboutCDP 2020-0007; TERRA BELLA DEVELOPMENT; Coastal Development Permit (CDP).(<City of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Legislative Permits ~ Coastal Development Permit D Conditional Use Permit D Minor D General Plan Amendment (.PP -zo20-0001 D Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Special Use Permit D Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance 0Minor' D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change· D Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT*. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY *SAME DAY APPOINTMENTS ARE NOT AVAILABLE 2140211100 6479 SURFSIDE LN, CARLSBAD, CA 92011 (STREET ADDRESS) SURFSIDE RESIDENCE NEW TWO-STORY SINGLE-FAMILY DWELLING $1,765,400 ESTIMATED COMPLETION DATE 2021 Development No. D-£ \/ 1,t) l 9, .. 014 7 Lead Case No. CDP1..o2o -0007 P-1 Paoe 1 of 6 Revised 03/17 () OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) -INDIVIDUAL NAME INDIVIDUAL NAME JACK BIAN (if applicable): (if applicable): COMPANY NAME TERRA BELLA DEVELOPMENT LLC COMPANY NAME (if applicable): (if applicable): MAILING ADDRESS: 687 BLOSSOM RD MAILING ADDRESS: 1062 S CRESCENT HEIGHTS BLVD CITY, STATE, ZIP: ENCINITAS, CA, 92024 CITY, STATE, ZIP: LOS ANGELES, CA, 90035 TELEPHONE: 6462900811 TELEPHONE: 475 201 2029 EMAIL ADDRESS: mengxusd@outlook.com EMAIL ADDRESS : jack.I .bian@gmail.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THt{J,71~ATION. o.7.L '(µ,v jb 3/9/2020 SIGNATURE -i 1i ~ SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): JACK BIAN MAILING ADDRESS: 1062 S CRESCENT HEIGHTS BLVD. CITY, STATE, ZIP: LOS ANGELES, CA, 90035 TELEPHONE: 475 201 2029 EMAIL ADDRESS: jack.l.bi~n@gmail.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. jb 3/9/2020 SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS . APPLICATION. IM/E CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND A sy_½ESSORS IN INTEREST. FOR CITY USE ONLY P-1 Page 2 of 6 !-f~ .::rrv-ED I ;AR Or, 2020 (X1-·t r·,1.· C.\:~LSB/..0 I l /•.l✓l\.•il\•l, [ >l\/lSION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 . . \ Ccicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Persc:m is defined as "Any individual, firm, co~partnership, joint venture, association, social club, fraternal organization, cc,rporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents m1:ty sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person "JJttk t' l/}/V Corp/Part. __________ _ Title /ttkHOk-1 Title. ___________ _ Address ( olz s CtE,'i£.~ d61t,l(ff Address _________ _ BU,D, l 0 H1'"6f.6f, CA .,,,1r OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person }16,v{, ..X l/ Title Owl(U Address 6 ~ 1 8l111r11Vt. I. D 1 &t,N11M l lfl l 'Z,o t '1 Corp/Part ___________ _ Title _____________ _ Address ____________ _ Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust________ Non Profit/Trust _________ _ Title ___________ _ Title _____________ _ Address __________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve ( 12) months? D Yes ~o If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. he above information is true and correct to the best of my knowledge. Signature of applicant/date Print or type name of owner Print or type name of applicant Signature Print or type name of owner/applicant's agent P-1 (A) Page 2 of 2 Revised 07/10 Ccityor Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: SURFSIDE RESIDENCE APPLICANT NAME: JACK BIAN Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov ------------------------- Please describe fully the proposed project by-application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: NEW TWO-STORY SINGLE-FAMILY DWELLING PLEASE SEE ATTACHED FOR NARRATIVE OF LA COSTA DOWNS SP201 DESIGN GUIDELINE P-1(8) Page 1 of 1 Revised 07/10 La Costa Downs SP 201 Narrative Address: 6479 Surfside Lane, Carlsbad, CA, 92011 APN: 214-021-11-00 March 9, 2020 Background The Surfside Residence is a new two-story single family residence located at 6479 Surfside Lane. The property is 4,800 square feet with 1,920 square foot of building coverage. The intention of this narrative is to demonstrate how the project complies with the La Costa Downs SP 201 design guidelines. A. Site Design "La Costa Downs Specific Plan does not propose one style of architecture nor one set of design standards; however, architecture utilizing elements of good design is desired" SP201111.A. The architectural design for the Surfside Residence has been worked out closely relating to the SP 201 design guidelines. The design of the house takes inspiration from the context and has been crafted to relate and contribute to the lifestyle of Surfside Lane. The design process begins with acknowledging the site constraints such as setback, height limit, material palettes, and site conditions. Site visits lead to observations of the contrasting appearances of the existing house elevations. On the street side of Surfside Lane, there is a sense of place. On Carlsbad Boulevard, houses with open patios and large windows take advantage of the oceanic views. 1. Front setback 20', side 6', back 15' minimums 2. Additional setbacks on all four elevations 3. Planters and landscaping soften the relationship between house and ground 4. Stairs and patios to create transition between public street and house B. Building Architecture "A sense of harmony and continuity-contribute to a relaxed and enjoyable lifestyle." SP 201 III.B. Building on from the previous remarks on site design, the massing of the house was conceived through insets and offsets. Building faces are varied and sensitive to the neighbors, pedestrian, movement of cars, and sunlight. On Surfside Lane side, the massing and materials are considered to accommodate the feelings of warmth and sense of place. Multiple building elevation treatments are used, and embellished with sufficient front yard landscaping and new plantation of trees. The material selection for parking garage, front entrance, and main staircase of the house are varied to create visual interest. On Carlsbad Boulevard side, the conditions are different. The movement of cars and motorcycles borders the openness of the natural environment. The speed is fast. The selected material is designed with that Design Narrative Page 1 2019.05 6479Surfside ,........_ mind, to create a sense of harmony and continuity with the blue ocean and sky. Furthermore, each block is offset from the adjacent, creating a dynamic visual experience and breaking down the surface into smaller parts. Using crafted proportions of mullions sizes and spacing, the surface further hopes to add an additional layer of architectural accent. In addition, new trees will be planted to visually ease the planar surfaces and mend noise levels. C. Building Materials Materials are selected to complement the massing and site observations. The goal is to create an overall aesthetically pleasing appearance with design that fits well to each side of the house. Here is a list of examples that how the design complies with the building materials guideline: Architectural Accent Features 1. Unique Windows with crafted mullions. Material wood or metal. 2. Elaborated stairwell trellis design made out of wood. 3. Varied garage door and entry treatment. Material wood. 4. Natural, earth tone material for driveway and front yard landscaping 5. Canopies with exposed architectural structure to create additional visual interest. Plain Surface Embellishments 1. Offset of building facade surfaces composed to create dynamic visual interest 2. Proportioned surfaces that to relate to the neighborhood 3. Inset of sub elements such as front entry, garage door. 4. Trees and landscaping used to soften building mass Jack Bian, Architect Design Narrative Page 2 2019.05 6479Surfside (city of Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-6 A proposed project requiring application submittal must be submitted by appointment*. Please contact the appointment specialist at (760) 602-2723 to schedule an appointment. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. New Residential Square Footage: ____ 4..;..., 1_5_6_ square feet x $ 400 /sq. ft. = $_1_,6_6_8_,4_00 _____ _ ⇒ ⇒ Residential Addition Square Footage: ______ square feet x $ ____ /sq. ft. = $ _________ _ ⇒ Any Garage Square Footage: ____ 4_8_5_ square feet x $ 200 /sq. ft. = $_97...;.,_oo_o ______ _ ⇒ Residential Conversion Square Footage: ______ square feet x $ ____ /sq. ft. = $ _________ _ ⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ square feet x $ __ /sq. ft. = $ __________ _ COST OF DEVELOPMENT ESTIMATE: $ 1,765,400 -------------- B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) D 2. A Coastal Development Permit ($60,000 or more cost estimate)~ C. Street address of proposed development 6479 SURFSIDE LANE, CARLSBAD, CA, 92011 P-6 Page 1 of 7 Revised 08/19 D. Assessor's Parcel Number of proposed development 2140211100 E. Development Description: Briefly describe project: NEW TWO-STORY SINGLE-FAMIL y DWELLING F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: VACANT South: SINGLE FAMIL y DWELLING East: SINGLE FAMIL y DWELLING West: CARLSBAD BLVD G. Is project located within a 100-year flood plain? D Yes i:Y'No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? 0Yes ~No If yes, please describe. B. Will any existing structure be removed/demolished? D Yes fS! No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE A. Existing and Proposed Existing ProQOSed Total Building Coverage 0 sq. ft. 1,918 sq. ft. 1,918 sq. ft. Landscaped Area 0 sq. ft. 450 sq. ft. 450 sq. ft. Hardscape Area 0 sq. ft. 550 sq. ft. 550 sq. ft. Unimproved Area (Left Natural) 4800 sq. ft. 1,880 sq. ft. 1,880 sq. ft. P-6 Page 2 of 7 Revised 08/19 % % % % P-6 B. Parking: Number of existing spaces 0 C. Number of new spaces proposed _2 _____ _ Existing/Proposed TOTAL: _2 ______ _ Number of total spaces required _2 _____ _ Number of covered spaces _2 ______ _ Number of uncovered spaces _o ______ _ Number of standard spaces _2 ______ _ Number of compact spaces Is tandem parking existing? Is tandem parking proposed? 0 0Yes#_~No OYes#_&,No Grade Alteration: ~Yes Is any grading proposed? ONo If yes, please complete the following: 1. 2. 3. 4. 5. 6. Amount of cut 712 ___________________ cu. yds. ___________________ cu. yds. Amount of fill 26 feet --------------Maximum height of fill slope 1 Maximum height of cut slope 1 _____________ feet Amount of import or export 686 ______________ cu. yds. Location of borrow or disposal site Refer to civil Page 3 of 7 Revised 08/19 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTCO2e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. Checklist Item · (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No □ If "Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTC02e/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTC02e/year screening threshold. If "Yes", proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: Property Address/APN: Applicant Name/Co.: Applicant Address: Contact Phone: Contact Email: Contact information of person completing this checklist (if different than above): Name: Company name/address: Contact Phone: Contact Email: Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. D Alterations: D BPV ~ $60,000 D BPV ~ $60,000 D Electrical service panel upgrade D BPV ~ $200,000 D New construction D Alterations: P-30 /, 1,t '(f/4 1A 1A and 4A 4A 1A and 4A Page 3 of 7 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are re moved and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist □ BPV ~ $200,000 or additions~ 18,5 1,000 square feet □ BPV ~ $1,000,000 1B, 2B and 5 Building alterations of ~ 75% existing gross floor area □ ~ 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV ~ $200,000 Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code {CALGreen) for more information when completing this section. A. D Residential addition or alteration <!: $60,000 building permit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements D Before 1978 Select one: D Duct sealing D Attic insulation D Cool roof D 1978 and later Select one: D Lighting package D Water heating package D Between 1978 and 1990 □ 1991 and later B. . D Nonresidential* new construction or alterations<!: $200,000 building permit valuation, or additions <!: 1,000 square feet. See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3. AS.203.1.1.1 □ Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 D Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: □ .95 Energy budget D .90 Energy budget AS.211.1.** □ On-site renewable energy AS.211.3** □ Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.1 D Elevators and escalators AS.213.1 D Steel framing P-30 Page 4 of 7 D N/A ________ _ D Exception: Home energy score 2! 7 (attach certification) Multi-family Requirements D Attic insulation Select one: D Attic insulation D Duct Sealing □Cool roof Select one: D Lighting package □ Water heating package □ N/A _________ _ □ N/A □ N/A D N/A D N/A D N/A D N/A Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist □ N/A * Includes hotels/motels and high-rise residential buildings ** For alterations~ $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l(c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* sheets if necessary) / 2- Total System Size: / 2- kWdc = {CFAx.572) / 1,000 + {1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du = number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception □ □ □ □ kWdc B. D Nonresidential new construction or alterations ~$1,000,000 BPV and affecting ~75% existing floor area, or addition that increases roof area by ~2,000 square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: □ If< 10,000s.f. Enter: 5 kWdc Min. System Size: kWdc --- 0 If~ 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** **Round building size factor to nearest tenth, and round system size to nearest whole number. D Time-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of 7 Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. □ For systems serving individual dwelling units choose one: ~at pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) □ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 {for high rise residential hotel/motel) or 15O.l{c) 14 {for low-rise residential) □ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification □ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors □ Exception: □ For systems serving multiple dwelling units, install a central water-heating system with all of the following: □ Gas or propane water heating system . □ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) □ Solar water heating system that is either: □ .60 solar savings fraction or 40 s.f. solar collectors □ .40 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal □ Photovoltaics □ Recovered energy □ Water heating system is (choose one): □ Heat pump water heater □ Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction □ Exception: A. ~ Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. itr6ne and two-family residential dwelling or townhouse with attached garage: ~e EVSE ready parking space required □ Exception : □ Multi-family residential: □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable Ready Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spaces x .SO (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready'' or "Installed.") Installed I I Total P-30 Page 6 of 7 Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings {three units or more without attached garages), alterations have a building permit valuation~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B. D Nonresidential new construction (includes hotels/motels) □ Exception : Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces □ 0-9 1 1 □ 10-25 2 1 □ 26-50 4 2 □ 51-75 6 3 □ 76-100 9 5 □ 101-150 12 6 □ 151-200 17 9 □ 201 and over 10 percent of total 50 percent of Required EV Spaces A. List each proposed nonresidential use and gross floor area {GFA) allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADTTable. Use GFA Employee ADT/1,000 S.F. Total Employee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TDM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LDE) staff to determine whether this policy applies to your project. TDM plan required: Yes D No D LDE Staff Verification: □ _____ (staff initials) P-30 Page 7 of 7 Revised 02/20 CHICAGO TITLE. Prelim Title Report Chicago Title -SD Title Officer: Richard Moore Title Officer: Email: Title No.: 73720001455 Property Address: Introducing CHICAGO TITLE VIEW CIDCAGO TITLE Powered by LiveLOOK LiveLOOK title document delivery system is designed to provide 24/7 real-time access to all information related to a title insurance transaction. Access title reports, exception documents, an easy-to-use summary page, and more, at your fingertips and your convenience. To v iew your new Chicago Title PreVIEW powered by LiveLOOK report. Click Here Effortless, Efficient, Compliant, and Accessible CONDITION OF TITLE Guarantee Number: Issued By: @ cmCAGO TITLE INSURANCE COMPANY 73720001455 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Chicago Title Company 2365 Northside Drive, Suite 600 San Diego, CA 92108 Countersigned By: Authorized Officer or Agent Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014) Page 1 Chicago Title Insurance Company By: Attest: President Secretary Printed: 02.11.20@ 12:53 PM CA-CT-FWDO-02180.055820-SPS-1-20-73720001455 CHICAGO TITLE INSURANCE COMPANY Amount of Liability $5,000.00 ISSUING OFFICE: Title Officer: Richard Moore Chicago Title Company 2365 Northside Drive, Suite 600 San Diego, CA 92108 Phone: (619)521-3590 Fax: (619)521-3690 Main Phone: (619)521-3500 Email: teammoore@ctt.com SCHEDULE A Fee $500.00 Date of Guarantee: February 4, 2020 at 07:30 AM 1. Name of Assured: Terra Bella Development, LLC 2. The estate or interest in the Land which is covered by this Guarantee is: Fee 3. The Land referred to in this Guarantee is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: Terra Bella Development LLC., a California Limited Liability Company GUARANTEE NO. 73720001455 Title Officer Richard Moore b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. Condition of TiHe Guarantee CLTA Guarantee Form No. 28 (06/05/2014) END OF SCHEDULE A Page 2 Printed: 02.11 .20@ 12:53 PM CA-CT-FWDO-02180. 055820-SP S-1-20-73720001455 For APN/Parcel ID(s): 214-021-11-00 EXHIBIT "A" Legal Description LOT 5 IN BLOCK 24 OF LA COSTA DOWNS UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2013, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 6, 1927. EXCEPTING THEREFROM ALL MINERAL RIGHTS, RESERVED BY WARING H. ELLIS, IN DEED RECORDED FEBRUARY 1, 1928 IN BOOK 1419. PAGE 123 OF DEEDS. Condition of Tiije Guarantee CLTA Guarantee Form No. 28 (06/05/2014) Page 3 Printed: 02.11.20@ 12:53 PM CA-CT-FWDO-02180. 055820-SP S-1-20-73720001455 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73720001455 SCHEDULE 8 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2020-2021. 2. Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Fiscal Year: 1st Installment: Penalty: Delinquent: 2nd Installment: Penalty: Delinquent: Code Area: Supplemental Bill No.: 2019-2020 $1,956.17, open $195.61 March 2, 2020 $1,956.17, open $205.61 June 30, 2020 205.61 899-494-47-39 3. 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. 4. Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment Code Area: 214-021-11-00 2019-2020 $4,843.74 $4,843.74 09018 5. Water rights, claims or title to water, whether or not disclosed by the public records. 6. The recital contained on the map of said land which agrees to allow the crossarms of poles or similar structures placed along the right of way of certain highways to hang over the abutting land. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tracVplat; Purpose: Affects: Recording No.: Public utilities and incidental purposes The westerly 6 feet Map No. 2013 8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Condition of Titie Guarantee CLTA Guarantee Form No. 28 (06/05/2014) Waring H. Ellis Streets, walks, paths and public utilities and incidental purposes February 1, 1928 Book 1419, Page 123, of Official Records The exact location and extent of said easement is not disclosed of record. Page4 Printed: 02.11.20@ 12:53 PM CA-CT-FWDO-02180.055820-SPS-1-20-73720001455 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73720001455 SCHEDULE B (continued) 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: City of Carlsbad Public street, public utilities and incidental purposes December 7, 1994 1994-0701553, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: City of Carlsbad Public utilities and incidental purposes December 8, 1994 1994-0703807, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Condition of TiUe Guarantee Cl TA Guarantee Form No. 28 (06/05/2014) San Diego Gas and Electric Company Public utilities and incidental purposes January 24, 1995 1995-0031456, of Official Records The route thereof affects a portion of said land and is more fully described in said document. Page 5 Printed: 02.11.20@ 12:53 PM CA-CT-FWDO-02180.055820-SPS-1-20-73720001455 ,..,._ .... CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE NO. 73720001455 12. Information has been provided to the Company which discloses that a work of improvement is contemplated, in progress or recently completed. To assist the Company in determining if it can give the priority coverage contained within the policy contemplated by this report, please provide the following: a. Current Financial Statement and/or Current Loan Application. b. Project Cost Breakdown. c. Completed Loss of Priority Questionnaire. (This form furnished by the Company.) d. A fully executed Indemnity Agreement. (This form furnished by the Company.) e. If work has commenced prior to the recordation of the Construction Deed of Trust, there will be further requirements and the closing of the transaction could be delayed. f. Copy of current appraisal g. Copy of loan agreement and disbursement schedules h. Name of Fund Control/Disbursement Agent Work may include, among other things, any preparation of the site for the planned construction, delivery of construction materials or equipment and any labor furnished. The Company reserves the right to add additional items and/or make further requirements after review of the requested documentation. 13. If a work of improvement was recently completed or will be completed prior to the close of this transaction, the Company will require that a valid Notice of Completion be recorded. This notice must be signed by an owner of the property and must be recorded within 15 days of the actual completion date. 14. Any claims for mechanics' or materialman's liens that may be recorded by reason of a recent work of improvement under construction and/or completed at the date hereof. 15. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence. 16. 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. 17. Any 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. Condition of TiHe Guarantee CLTA Guarantee Form No. 28 (06/05/2014) Page 6 Printed: 02.11.20@ 12:53 PM CA-CT-FWDO-02180.055820-SPS-1-20-73720001455 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE NO. 73720001455 18. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(ies), Party(ies): Owner: principals of LLC The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 19. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(ies), Party(ies): Buyers The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 20. 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. Condition of Titie Guarantee CLTA Guarantee Form No. 28 (06/05/2014) Page 7 Printed: 02.11.20@ 12:53 PM CA-CT-FWDO-021 B0.055820-SPS-1-20-73720001455 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE NO. 73720001455 21. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: Terra Bella Development LLC a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c. If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form Condition of TiHe Guarantee CLTA Guarantee Form No. 28 (06/05/2014) END OF SCHEDULE B Page 8 Printed: 02.11.20@ 12:53 PM CA-CT-FWDO-02180.055820-SPS-1-20-73720001455 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73720001455 EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. DEFINITION OF TERMS The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest. estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (f) "Amount of Liability": the Amount of Liability as stated in Schedule A. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED TO COOPERATE Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not ii shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4 (a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Condition of Titie Guarantee Cl TA Guarantee Form No. 28 (06/05/2014) Page 9 Printed: 02.11.20@ 12:53 PM CA-CT-FWDO-02180.055820-SPS-1-20-73720001455 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73720001455 (continued) 5. PROOF OF LOSS OR DAMAGE (a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay; or (c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. LIMITATION OF LIABILITY (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien, or encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. PAYMENT OF LOSS (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. Condition of Titie Guarantee CLTA Guarantee Form No. 28 (06/05/2014) Page 10 Printed: 02.11.20@ 12:53 PM CA-CT-FWDO-02180. 055820-SP S-1-20-73720001455 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73720001455 (continued) 11. ARBITRATION Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Tille Insurance Arbitration Rules of the American Land Tille Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is Two Million And No/100 Dollars ($2,000,000) or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of Two Million And No/100 Dollars ($2,000,000) shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. SEVERABILITY In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. CHOICE OF LAW; FORUM (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at: Chicago Tille Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023 Attn: Claims Department Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014) END OF CONDITIONS Page 11 Printed: 02.11.20 @ 12:53 PM CA-CT-FWDO-02180. 055820-SPS-1-20-73720001455