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HomeMy WebLinkAboutCD 2021-0009; THERMOFISHER; Consistency Determination (CD)CITY OF CARLSBAD APPLICATION FORM FOR CONSISTENCY DETERMINATION APPLICATION r CITY USE ONLY Development Number: hE \/ o _, 0 I 0 Original Project Number: fvt> 0 J 00 2,. f;:, Consistency Determination Number: l. 'b 2..0 Z.1 -0 QQ:9 PROJECT NAME: PROJECT GOLD RUSH Assessor's Parcel Number(s) and Address: PARCEL 1 (212-130-44-00) 5781 VAN ALLEN WAY, CARLSBAD, CA, 92008 Description of proposal (add attachment if necessary): A NEW COMMERCIAL cGMP MANUFACTURING SUITE WITHIN AN EXISITING BUILDING. OTHER PROJECT AREA INCLUDE A LOCKER ROOM, WAREHOUSE/STORAGE, QC LABORATORIES, AND UTILITY ROOMS. THE PROJECT ALSO INCLUDES CONSTRUCTION OF AN UNOCCUPIED EQUIPMENT PLATFORM AND INSTALLATION OF A NEW EMERGENCY GENERATOR AND AND EQUIPMET SCREENING. THERE WILL ALSO BE SOME MINOR HVAC SCOPE ON THE ROOF ABOVE PROJECT AREA. Would you like to orally present your proposal to your assigned staff planner/engineer? Yes D □ No X Please list the staff members you have previously spoken to regarding this project. If none, please so state. OWNER NAME (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: *Owner's signature indicates permission to conduct a preliminary review for a development proposal. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. IM/E CONSENT TO ENTRY FOR THIS PURPOSE. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: APPLICANT NAME (Print): DAN ROSENBERG / FPBA MAILING ADDRESS: 4499 RUFFIN ROAD #300 CITY, STATE, ZIP: SAN DIEGO, CA 92123 TELEPHONE: 619-231 -0751 -------------EM A IL ADDRESS: DROSENBERG@FPBARCH.COM I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 4 /1/-:)£)-:i:J... DATE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE FEE REQUIRED/DATE FEE PAID: RECEIVED BY: P-16 Page 2 of 2 RFCEHIED APR O 6 2021 CITY Ot-CAr-<LSBAD PLAi l1 G DJ JSION Revised 02/28/18 I CITY OF CARLSBAD APPLICATION FORM FOR CONSISTENCY DETERMINATION APPLICATION CITY USE ONLY Development Number: Original ProJ&et Number: Consistency Determination Number: PROJECT NAME: PROJECT GOLD RUSH Assessor's Parcel Number(s) and PARCEL 1 (212-130-44·00) 5781 VAN ALLEN WAY, CARLSBAD, CA, 92008 Address: Description of proposal (add attachment If necessary): A NEW COMMERCIAL cGMP MANUFACTURING SUITE WITHIN AN EXISITING BUILDING. OTHER PROJECT AREA INCLUDE A LOCKER ROOM, WAREHOUSE/STORAGE, QC LABORATORIES, AND UTILnY ROOMS. THE PROJECT ALSO INCLUDES CQhlSIBUCIIQt:1 OE At:! Ut:IOCCUelEQ EQl.!IPMEt:II PLATEQBtd ANQ INSTALLAIJON QE A t:11::W EMEBGENCX W:t:IEBAIOB 6ti1CI ANO EQUIPMET SCREENING. THERE WILL ALSO SE SOME MINOR HVAC SCOPE ON THE ROOF ABOVE PROJECT AREA. Would you like to orally present your proposal to your assigned staff plannertenglneer? Yes □ No □ X Please 11st the ataff members you have previously spoken to regarding thla project. If none, pleaee so state, OWNER NAME (Print): BA Leasing BSC, MIC MD5-032-07.05 APPLICANT NAME (Print); DAN ROSENBERG/ FPBA MAILING ADDRESS: 11333 McConnlck Road MAILING ADDRESS: 4499 RUFFIN ROAD #300 CITY, STATE, ZIP; Hunt Valley, MD 21031 CITY, STATE, ZIP: SAN DIEG01 CA 92123 TELEPHONE: 443•541-3642 TELEPHONE: 619-231-0751 EMAIL ADDRESS: terri.preston@bofa.com EMAIL ADDRESS: OROSENBERGIFPBARCH.COM •own•r's signature Indicates permission to conduct I prellmlnary review for a development proposal. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT ANO OWNER AND THAT Al.LTHE ABOVE INFORMA Tl.ON IS TRUE ENTER THE PROPERTY THAT IS THE.SUBJECTOF THIS ANO CORRECT TO THE BEST OF MY KNOWLEDGE. APPLICATION. IIWE CONSENT TO ENTRY FOR THIS PURPOSE. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THEABOVE IN~~D CORRECT TO THE BEST OF MY KNWL . ! \ S~-=·-• Danial Rosenbelj ·:L-::.:::,_ 1..-.. . .=-:-:·. • 5 2. ~ zoz.\ SIGNATURE 0-TE • SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): ALLAN TROWBRIDGE / FPBA MAILING ADDRESS: 4499 RUFFIN ROAD #300 CITY, STATE. ZIP: SAN DIEGO, CA 92123 TELEPHONE: 619-231-0751 --· --·-·-·---- EMAIL ADDRESS: ATROWBRIOGE!mFPBARCH.COM ' I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT ANO THAT Al.L THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST Of MY KNOWLEDGE. Allan Trowbridge !f.;:.: .=::::.-;:::- SIGNATURE DATE FEE REQUIRED/DATE FEE PAID: RECEIVED BY: P-10 Page 2 of 2 Rt-.iMd 02/28/1& 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 (MTC02e) 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. · (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 [X] □ 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 MTCO2e/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: PROJECT GOLD RUSH Property Address/APN: 5781 VAN ALLEN WAY, CARLSBAD, CA, 92008 Applicant Name/Co.: DAN ROSENBERG / FPBA Applicant Address: 4499 RUFFIN ROAD #300, SAN DIEGO, CA 92123 Contact Phone: 619-231-0751 Contact Email: DROSENBERG@FPBARCH.COM Contact information of person completing this checklist (if different than above): Name: Company name/address: DILINI PERERA FPBA 4499 RUFFIN ROAD #300 SAN DIEGO, CA 92123 Contact Phone: 619-231-0751 Contact Email: DPERERA@FPBARCH.COM 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. Estimated Building Permit Valuation (BPV): $_9_97~•~6_4_0 ______ _ □ Alterations: □ BPV ~ $60,000 □ BPV ~ $60,000 □ Electrical service panel upgrade □ BPV ~ $200,000 □ New construction lX Alterations: P-30 lA lA and 4A 4A lA 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 removed 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 IXI BPV ~ $200,000 or additions ~ 18,5 1,000 square feet D BPV ~ $1,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area D ~ 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. 0 Residential addition or alteration l? $60,000 building permit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements D Before 1978 Select one: □ Duct sealing □ Attic insulation □ Cool roof □ 1978 and later Select one: □ Lighting package □ Water heating package □ Between 1978 and 1990 □ 1991 and later B. IZ] Nonresidential* new construction or alterations l? $200,000 building permit valuation, or additions l? 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 □ .90 E_nergy 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 □ Elevators and escalators AS.213.1 00 Steel framing P-30 Page 4 of 7 D N/A _________ _ D Exception: Home energy score l? 7 (attach certification) Multi-family Requirements □ Attic insulation Select one: D Attic insulation □ Duct Sealing □ Cool roof Select one: □ Lighting package □ Water heating package □ N/A ________ _ ~ N/A NI N/A ~ N/A ________ _ ~ N/A fiil N/A ~ 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. A. D 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) Total System Size: 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: D Gross Floor Area {GFA) Method GFA: □ If< 10,000s.f. Enter: 5 kW de Min. System Size: ___ kWdc □ 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/;10 City of Carlsbad Climate Action Plan Consistency Checklist A. D Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. □ For systems serving individual dwelling units choose one: □ Heat 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 150.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: D 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 □ 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. D Residential New construction and major alterations* □ Recovered energy Please refer to Carlsbad Ordinance CS-349 when completing this section. □ One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required □ Exception : _______________ _ □ Multi-family residential· □ Exception : Total Parking Spaces EVSE Spaces Proposed Capable I Ready I Calculations: Total EVSE spaces= .10 xTotal parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.") P-30 Page 6 of 7 I I Installed I Total I 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 Ix] Nonresidential new construction (includes hotels/motels) l::xl Exception · Existing Construction Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Tota l 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 SO 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 ADT Table. Use GFA Employee ADT /1,000 S.F. Total Employee ADT WAREHOUSE 3,610 4 + 1 / 1,000 S.F. 6.61 MANUFACTURING 12,720 4 + 3 / 1,000 S.F. 39.16 INDUSTRIAL 5,1 20 4 + 3.5 / 1,000 S.F 18.42 Total 64.19ADT 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 □ No 181 LDE Staff Verification: □------(staff initials) P-30 Page 7 of 7 Revised 02/20 C cifyof Carlsbad I INSTRUCTIONS: STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: PROJECT GOLD RUSH PROJECT ID: ADDRESS: 5781 VAN ALLEN WAY, CARLSBAD, CA , 92008 APN: PARCEL 1 (212-130-44-00) The project is (check one): D New Development IX] Redevelopment The total proposed disturbed area is: 2260 ft2 ( ) acres The total proposed newly created and/or replaced impervious area is: N/A ft2 ( ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 STEP 1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building Ix] □ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question , provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing build ing): Installation of a new 2,260 sf emergency generator pad and resurfacing of existing AC paving. These exterior alterations do not change the general dimensions or structural framing of the building. If you answered "no" to the above question, the project is a 'development project', ~o to Step 2. STEP 2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following : YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ □ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □ If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 04/17 STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ □ and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ □ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ □ development project includes development on any natural slope that is twenty-five percent or qreater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ □ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to " includes flow that is conveyed overland a distance of □ □ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not comminqled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ □ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction? 11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of □ □ impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC 21.203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statinq "My project is a 'STANDARD PROJECT' ... " and complete applicant information. E-34 Page 3 of 4 REV 04/17 ... STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. □ □ Total proposed newly created or replaced impervious area (B) = sq . ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "My project is a PDP ... " and complete applicant information. STEP S CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. □ My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. IX] My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box PRINCIPAL ARCHITECT / Applicant Name: DAN ROSENBERG Applicant Title: EXECUTIVE VICE PRESIDENT Applicant Signature: ~~ ~ Date: 4/1../~21. .. .. • Environmentally Sens1t1ve Areas Include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies, areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments): water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments): areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. Th . B ~ C 't U O I IS ox or ,ry se my YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 04/17 C cicyof Carlsbad STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project Information Project Name: Thermo Fisher Scientific: Project Gold Rush at 5781 Van Allen Way Project ID: DWG No. or Building Permit No.: Source Control BMPs Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www .ca rlsbadca .gov All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be provided. Source Control Requirement Applied? SC-1 Prevention of Illicit Discharges into the MS4 □Yes □ No Iii N/A Discussion/justification if SC-1 not implemented: This project will only disturb 2,260 sq ft of impervious area. SC-2 Storm Drain Stenciling or Signage □Yes □ No Iii N/A Discussion/justification if SC-2 not implemented: This project will only disturb 2,260 sq ft of impervious area and does not include new storm drains. SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind □Yes □ No Iii N/A Dispersal Discussion/justification if SC-3 not implemented: This project will only disturb 2,260 sq ft of impervious area and does not include material storage areas. E-36 Page 1 of 4 Revised 09/16 Source Control Reauirement (continued) Aoolied? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and □Yes □No Iii N/A Wind Dispersal Discussion/justification if SC-4 not implemented: This project will only disturb 2,260 sq ft of impervious area and does not include material storage or outdoor work areas. SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal □Yes □ No Iii N/A Discussion/justification if SC-5 not implemented: This project will only disturb 2,260 sq ft of impervious area and will not impact existing trash storage areas. SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Aooendix E.1 of BMP Manual for quidance). □ On-site storm drain inlets □Yes □ No Iii N/A □ Interior floor drains and elevator shaft sump pumps □Yes □ No Iii N/A □ Interior parking garages □Yes D No Iii N/A □ Need for future indoor & structural pest control □Yes □ No Iii N/A □ Landscape/Outdoor Pesticide Use □Yes □ No Iii N/A □ Pools, spas, ponds, decorative fountains, and other water features □Yes □ No Iii N/A □ Food service □Yes □ No Iii N/A □ Refuse areas □Yes □ No Iii N/A □ Industrial processes □ Yes □ No Iii N/A □ Outdoor storage of equipment or materials □ Yes □ No Iii N/A □ Vehicle and Equipment Cleaning □ Yes □ No Iii N/A □ Vehicle/Equipment Repair and Maintenance □ Yes □ No Iii N/A □ Fuel Dispensing Areas □ Yes □ No Iii N/A □ Loading Docks □Yes □ No Iii N/A □ Fire Sprinkler Test Water □ Yes □ No Iii N/A □ Miscellaneous Drain or Wash Water □Yes □ No Iii N/A □ Plazas, sidewalks, and parkinq lots □Yes □ No Iii N/A For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers. This project will only disturb 2,260 sq ft of impervious area. E-36 Page 2 of 4 Revised 09/16 Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion/ justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "NIA" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Site Design Requirement I Applied? SD-1 Maintain Natural Drainaqe Pathways and Hvdrologic Features I □Yes I □ No I Iii N/A Discussion/justification if SD-1 not implemented: Natural drainage pathways and hydrologic features do not occur in the area of work. SD-2 Conserve Natu ral Areas, Soils, and Vegetation I □Yes I □ No I Iii N/A Discussion/justification if SD-2 not implemented: This project will only disturb 2,260 sq ft of existing impervious area. SD-3 Minimize Impervious Area I □Yes I □ No I Iii NIA Discussion/justification if SD-3 not implemented: This project will only disturb 2,260 sq ft of impervious area. SD-4 Minimize Soil Compaction I □ Yes l □ No I Iii N/A Discussion/justification if SD-4 not implemented: This project not impact existing landscaped areas. SD-5 Impervious Area Dispersion I □Yes I □ No I Iii N/A Discussion/justification if SD-5 not implemented: This project will only disturb 2,260 sq ft of existing impervious area E-36 Page 3 of 4 Revised 09/16 Site Desian Reauirement (continued) I Armlied? SD-6 Runoff Collection I □ Yes I □No I [jJ N/A Discussion/justification if SD-6 not implemented: SD-7 Landscaping with Native or Drought Tolerant Species I □Yes I □ No I fil N/A Discussion/justification if SD-7 not implemented: This project not impact existing landscaped areas. SD-8 Harvestinq and Usinq Precipitation I □Yes I □ No I fil N/A Discussion/justification if SD-8 not implemented: This project will only disturb 2,260 sq ft of existing impervious area E-36 Page 4 of 4 Revised 09/16 • Order No.: 00045908-016-AH Policy No.: CA-FBSC-IMP-72306-1-15-00045908 Chicago Title Insurance Company SCHEDULE A Name and Address of Title Insurance Company: Chicago Title Company 725 South Figueroa Street, Suite 200 Los Angeles, CA 90017 Policy No.: CA-FBSC-IMP-72306-1-15-00045908 Order No.: 00045908-016-AH Address Reference: 5781 Van Allen Way, Carlsbad, CA 92008 Date of Policy: January 4, 2016 at 8:00 am I. Name oflnsured: Thermo Fisher Scientific Inc., a Delaware corporation 2. The estate or interest in the Land that is insured by this policy is: A leasehold as created by that certain lease dated December 31, 2015, executed by BA Leasing BSC, LLC, a Delaware limited liability company, as lessor, and Thermo Fisher Scientific Inc., a Delaware corporation, as lessee, as referenced in the document entitled "Memorandum of Lease, Deed of Trust and Security Agreement", which was recorded January 4, 2016, as Instrument No. 201-0001687, for the term, upon and subject to all of the provisions contained in said document, and in said lease. 3. Title is vested in: Thermo Fisher Scientific Inc., a Delaware corporation 4. The Land referred to in this policy is described as follows: See Exhibit A attached hereto and made a part hereof. THIS POLICY VALID ONLY IF SCHEDULE BIS ATTACHED 72306A (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMEIUCAN LAND TIT..!:_~ MSOCIATION Order No.: 00045908-016-AH Policy No.: CA-FBSC-IMP-72306-1-15-00045908 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: PARCEL 1 OF PARCEL MAP NO. 17971, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 24, 1997 AS INSTRUMENT NO. 1997-0656621 OF OFFICIAL RECORDS. PARCEL 2: NON-EXCLUSIVE EASEMENTS FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS, PARKING, AND CROSS DRAINAGE, AS CREATED BY THAT CERTAIN DOCUMENT ENTITLED RECIPROCAL PARKING AND ACCESS AGREEMENT, RECORDED JANUARY 21, 2010 AS INSTRUMENT NO. 2010-0029857 OF OFFICIAL RECORDS. THE AFOREMENTIONED DOCUMENT WAS AMENDED BY THAT CERTAIN DOCUMENT ENTITLED AMENDED AND RESTATED RECIPROCAL PARKING, ACCESS AND EASEMENT AGREEMENT, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED SEPTEMBER 21, 2010 AS INSTRUMENT NO. 2010-0499652 OF OFFICIAL RECORDS. THE AFOREMENTIONED DOCUMENT WAS AMENDED BY THAT CERTAIN SECOND AMENDED AND RESTATED RECIPROCAL PARKING, ACCESS AND EASEMENT AGREEMENT DATED NOVEMBER 08, 2013, AND RECORDED ON NOVEMBER 12, 2013 AS INSTRUMENT NO. 2013-0668719 OF OFFICIAL RECORDS. PARCEL 3: THAT PORTION OF VACATED VAN ALLEN WAY AS SHOWN ON PARCEL MAP NO. 17971, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON DECEMBER 24, 1997 AS INSTRUMENT NO. 1997-0656621 OF OFFICIAL RECORDS, VACATED PER RESOLUTION NO. 2013-157 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, A CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 08, 2013 AS INSTRUMENT NO. 2013-0666597 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 17971, SAID POINT ALSO BEING A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID VACATED VAN ALLEN WAY; THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING COURSES: NORTH 63°44'17" EAST 92.74 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE ALONG SAID CURVE EASTERLY 29.42 FEET THROUGH A CENTRAL ANGLE OF 18°43'50"; THENCE TANGENT FROM SAID CURVE NORTH 45°00'27" EAST 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 60.00 FEET; THENCE ALONG SAID CURVE EASTERLY AND SOUTHEASTERLY 113.86 FEET THROUGH A CENTRAL ANGLE OF 108°43'48" TO THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF SAID VACATED VAN ALLEN WAY WITH THE EASTERLY PROLONGATION OF THE CENTERLINE OF SAID VACATED VAN ALLEN WAY; THENCE LEAVING SAID RIGHT OF WAY ALONG SAID CENTERLINE AND SAID PROLONGATION OF SAID CENTERLINE SOUTH 63°44'17" WEST 248.26 FEET; THENCE LEAVING SAID CENTERLINE NORTH 26°15'43" WEST 36.00 FEET TO THE POINT OF BEGINNING. 72306A (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 2 AME&ICAN wii5nrn ASSOCIATION Order No.: 00045908-016-AH Policy No.: CA-FBSC-IMP-72306-1-15-00045908 APN: 212-130-44-00 72306A (6/06) ALTA Owner's Policy (6/17/06) EXHIBIT A (Continued) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 3 AME~CAN LAND_!!!!! ASSOCIATION Order No.: 00045908-016-AH Policy No.: CA-FBSC-IMP-72306-1-15-00045908 SCHEDULED 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: A. Second installment general and special county and city taxes for the fiscal year 2015-2016, in the amount of $320,924.24, which is a lien not yet due and delinquent. Tax Identification No.: 212-130-44-00 B. 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 events occurring after the Date of the Policy. C. Pending assessment for the District shown below: District: Disclosed by: Recording Date: Recording No: 1 Boundary Map December 19, 1990 1990-0674118 of Official Records When the Notice of Assessment is recorded in the public records, the assessment shall become a lien on said Land. None currently due and payable. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Covenants, conditions, restrictions and easements 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, 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: June 29, 1988 Recording No: 88-313420 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien ofa first mortgage or first deed of trust made in good faith or for value. The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by an instmment Recording Date: December 08, 1992 Recording No: 1992-0786590 of Official Records 72306B (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 4 AMEllCAN LANO TITLE AHOCIATION ~ Order No.: 00045908-016-AH Policy No.: CA-FBSC-IMP-72306-1-15-00045908 SCHEDULED (Continued) Modification(s) of said covenants, conditions and restrictions Recording Date: June 01, 1995 Recording No: 1995-0230848 of Official Records 3. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Hold Harmless Agreement Drainage December 21, 1990 Upland Industries Corporation and the City of Carlsbad May 06, 1991 1991-020852 l of Official Records Reference is hereby made to said document for full particulars. 4. Intentionally deleted. 5. Intentionally deleted. 6. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said Map No. 12815. Affects: College Boulevard 7. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said Parcel Map No. 17971. Affects: College Boulevard 8. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Hold Harmless Agreement Drainage November 21, 1997 Carlsbad Business Park, LLC, a California Limited Liability Company February 19, 1998 1998-0085420 of Official Records Reference is hereby made to said document for full particulars. 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Carlsbad Municipal Water District, a Public Agency organized in the State of California Water line Recording Date: April 08, 1998 Recording No: 1998-0198386 of Official Records Affects: A portion of said land as more particularly described in said document 72306B ( 6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 5 AMEIUCAN ~ND Tl!g ASSOCIATION Order No.: 00045908-016-AH Policy No.: CA-FBSC-IMP-72306-1-15-00045908 SCHEDULED (Continued) 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: San Diego Gas & Electric Company Public utilities, ingress and egress April 23, 1998 1998-0232254 of Official Records A portion of said land as more particularly 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: 12. Intentionally deleted. 13. Intentionally deleted. 14. Intentionally deleted. 15. Intentionally deleted. 16. Intentionally deleted. San Diego Gas & Electric Company Public utilities, ingress and egress November 19, 2001 2001-0840366 of Official Records A portion of said land as more particularly described in said document 1 7. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property January 21, 2010 2010-0029856 of Official Records Reference is hereby made to said document for full particulars. 18. A Notice Entitled: For: Reciprocal Parking and Access Agreement Parking spaces and access Executed by: Mararisk Carlsbad, LLC, a Delaware limited liability company, Griffin Capital Corporation, a California corporation, and Life Technologies Corporation, a Delaware corporation Recording Date: January 21, 2010 Recording No: 2010-002985 7 of Official Records Reference is hereby made to said document for full particulars. Amended and Restated Reciprocal Parking, Access and Easement Agreement Recording Date: Recording No.: 72306B ( 6/06) ALTA Owner's Policy (6/17/06) September 21, 2010 2010-0499652 of Official Records Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 6 AME~CAN LAND!!~.!! ASSOCIATION Order No.: 00045908-016-AH Policy No.: CA-FBSC-IMP-72306-1-15-00045908 SCHEDULED (Continued) Reference is hereby made to said document for full particulars. Second Amended and Restated Reciprocal Parking, Access and Easement Agreement Recording Date: Recording No.: November 12, 2013 2013-0668719 of Official Records Reference is hereby made to said document for full particulars. 19. Matters contained in that certain document Entitled: Dated: Triparty Agreement Regarding Planned Unit Development July 20, 2009 Executed by: Recording Date: Mararisk Carlsbad, LLC, a Delaware limited liability company, and Life Technologies Corporation, a Delaware corporation (formerly known as Invitrogen Corporation) February 09, 2010 Recording No: 2010-0066438 of Official Records Reference is hereby made to said document for full particulars. 20. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Recording Date: Recording No: Affects: Public water May 03, 2010 20 l 0-0220617 of Official Records A portion of said land as more particularly described in said document Limitations on the use, by the owners of said Land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. 21. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property September 21, 2010 2010-0499653 of Official Records Reference is hereby made to said document for full particulars. 22. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey, Job No: Dated: Prepared by: Matters shown: 72306B (6/06) ALTA Owner's Policy (6/17/06) 101310 December 1 7, 2015 Timothy 0. Carroll, Jr. LS 7700, for O'Day Consultants As follows: Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 7 AMEUCAN ~ND TITLE AUOCIATION Order No.: 00045908-016-AH Policy No.: CA-FBSC-IMP-72306-1-15-00045908 SCHEDULED (Continued) A. A transformer pad extends across the Southwesterly line of Parcel 1. B. A retaining wall extends across the Northwesterly line of Parcel 1. C. A chain link fence meanders across the Northwesterly line of Parcel 1. D. There are walls and columns on the Northwesterly line of Parcel 1. E. A transformer pad extends across the Northwesterly line of Parcel 1. F. 8-inch block walls and San Diego Gas and Electric vaults on the Easterly side of Parcel 1 extend onto College Boulevard. G. There are sewer and drainage improvements in various locations on Parcel I. 23. Easement( s) for the purpose( s) shown below and rights incidental thereto as set forth in a document: Purpose: Recording Date: Recording No: Affects: Public water November 24, 2010 2010-0648254 of Official Records A portion of said land as more particularly described in said document 24. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure January 12, 2011 2011-0021757 of Official Records Reference is hereby made to said document for full particulars. 25. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage January 12, 2011 2011-0021758 of Official Records Reference is hereby made to said document for full particulars. 26. Matters contained in that certain document Entitled: Recording Date: Permanent Stormwater Quality Best Management Practice Maintenance Agreement January 12, 2011 Recording No: 2011-0021760 of Official Records Reference is hereby made to said document for full particulars. 27. Intentionally deleted. 28. Any easements or rights of way for existing utilities or other rights of way over those portions of said Land lying within the public right of way abandoned by resolution or ordinance. Recording Date: Recording No: Affects: 29. Intentionally deleted. 72306B (6/06) ALTA Owner's Policy (6/17/06) November 08, 2013 2013-0666597 of Official Records Parcel 3 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 8 AMEgJCAN LAND!~~ AUOCIATION Order No.: 00045908-016-AH Policy No.: CA-FBSC-IMP-72306-1-15-00045908 30. Intentionally deleted. SCHEDULED (Continued) 31. Memorandum of Lease, Deed of Trust and Security Agreement, dated as of December 31, 2015 by and among Thermo Fisher Scientific Inc., a Delaware corporation to BA Leasing BSC, LLC, a Delaware limited liability company, for $57,541,880.30, recorded January 4, 2016 as Instrument No. 2016-0001687, of Official Records. 32. The effect of any failure to comply with the terms, covenants, conditions and provisions of the lease described or referred to in Schedule A. 33. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors and their successors in interest, in the lease described or referred to in Schedule A. 34. A financing statement as follows: Debtor: Secured Party: Recording Date: Recording No: 72306B (6/06) ALTA Owner's Policy (6/17/06) Thermo Fisher Scientific Inc. Chicago Title Company Januaiy 4, 2016 2016-0001688 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 9 AMUJCAN LA.ND TITJ:!: ASSOCIATION Order No. 00045908-016-AH Policy No. CA-FBSC-IMP-72306-1-15-00045908 ENDORSEMENT Attached to Policy No. CA-FBSC-IMP-72306-1-15-00045908 Issued by Chicago Title Insurance Company 1. The Company insures against loss or damage sustained by the Insured in the event that, at Date of Policy, a. according to applicable zoning ordinances and amendments, the Land is not classified Zone CM (Carlsbad Research Center Specific Plan); b. the following use or uses are not allowed under that classification: Commercial c. There shall be no liability under this paragraph l .b. if the use or uses are not allowed as the result of any lack of compliance with any conditions, restrictions, or requirements contained in the zoning ordinances and amendments, including but not limited to the failure to secure necessary consents or authorizations as a prerequisite to the use or uses. This paragraph l .c. does not modify or limit the coverage provided in Covered Risk 5. 2. The Company further insures against loss or damage sustained by the Insured by reason of a final decree of a court of competent jurisdiction either prohibiting the use of the Land, with any existing structure, as specified in paragraph l .b.; or requiring the removal or alteration of the structure, because, at Date of Policy, the zoning ordinances and amendments have been violated with respect to any of the following matters: a. Area, width, or depth of the Land as a building site for the structure b. Floor space area of the structure c. Setback of the structure from the property lines of the Land d. Height of the structure, or e. Number of parking spaces. 3. There shall be no liability under this endorsement based on: a. the invalidity of the zoning ordinances and amendments until after a final decree of a court of competent jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses; b. the refusal of any person to purchase, lease or lend money on the Title covered by this policy. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 4, 2016 Chicago Title Insurance Company Countersigned: ~ By: ____ __._ ____ _ Authorized Signature 72E604 ALTA 3.1-06 Zoning -Completed Structure (10-22-09) CLTA 123.2-06 By Randy Owk. Pttsidtnt AltlSt Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page lof 1 AMEk.JCAN LANO TITLE ASSOCIATION OrderNo. 00045908-0I6-AH Policy No. CA-FBSC-IMP-72306-1-15-00045908 ENDORSEMENT Attached to Policy No. CA-FBSC-IMP-72306-1-15-00045908 Issued by Chicago Title Insurance Company The Company insures against loss or damage sustained by the Insured by reason of an environmental protection lien that, at Date of Policy, is recorded in the Public Records or filed in the records of the clerk of the United States district court for the district in which the Land is located, unless the environmental protection lien is set forth as an exception in Schedule B. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 4, 2016 Chicago Title Insurance Company Countersigned: ~ By:_--~----- Authorized Signature 72E487 ALT A 8.2-06 Commercial Environmental Lien (I 0-16-08) CLTA 110.9.1-06 By Randy Quirk, P1tsidtnt Altest Michael Gra-,ettt. Stcrttaty Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page )of 1 AMEk.lCAN LAND TITLE AUOCIATION Order No. 00045908-016-AH Policy No. CA-FBSC-IMP-72306-1-15-00045908 ENDORSEMENT Attached to Policy No. CA-FBSC-IMP-72306-1-15-00045908 Issued By Chicago Title Insurance Company 1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. 2. For the purposes of this endorsement only, a. "Covenant" means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of Policy. b. "Improvement" means a building, structure located on the surface of the Land, road, walkway, driveway, or curb, affixed to the Land at Date of Policy and that by law constitutes real property, but excluding any crops, landscaping, lawn, shrubbery, or trees. 3. The Company insures against loss or damage sustained by the Insured by reason of: a. A violation on the Land at Date of Policy of an enforceable Covenant, unless an exception in Schedule B of the policy identifies the violation; b. Enforced removal of an Improvement as a result of a violation, at Date of Policy, of a building setback line shown on a plat of subdivision recorded or filed in the Public Records, unless an exception in Schedule B of the policy identifies the violation; or c. A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant relating to environmental protection describing any part of the Land and referring to that Covenant, but only to the extent of the violation of the Covenant referred to in that notice, unless an exception in Schedule B of the policy identifies the notice of the violation. 4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from: a. any Covenant contained in an instrument creating a lease; b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land; or c. except as provided in Section 3 .c., any Covenant relating to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, thi s endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 4, 2016 Chicago Title Insurance Company Countersigned: By ~ By: ___ __._ _____ _ Rindy Outrlc. P11si<Hnt Altul Authorized Signature Mtcilael GravtUt. Secrtta,y 72E7 I 2 ALT A 9.2-06 Covenants, Conditions and Restrictions -Improved Land -Owner's Policy ( 4-2-12) CL TA I 00.10-06 Page I of I Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMUJCAN LAND TITLE ASSOCIATION OrderNo. 00045908-016-AH Policy No. CA-FBSC-IMP-72306-1-15-00045908 ENDORSEMENT Attached to Policy No. CA-FBSC-IMP-72306-1-15-00045908 Issued by Chicago Title Insurance Company The Company insures against loss or damage sustained by the Insured if, at Date of Policy (i) the easement identified as Parcel 2 in Schedule A (the "Easement") does not provide that portion of the Land identified as Parcels I and 3 in Schedule A both actual vehicular and pedestrian access to and from Faraday Avenue (the "Street"), (ii) the Street is not physically open and publicly maintained, or (iii) the Insured has no right to use existing curb cuts or entries along that portion of the Street abutting the Easement. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the tenns and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 4, 2016 Chicago Title Insurance Company Countersigned: ~ By: __ --~----- Authorized Signature 72EI 26 ALT A 17.1-06 Indirect Access and Entry (6-17-06) CLTA 103.12-06 By Randy Quirk. Pitsldfnt Altul Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALT A licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page lof I AMEk..lCAN LAND TITLE ASSOCIATION Order No. 00045908-016-AH Policy No. CA-FBSC-lMP-72306-1-15-00045908 ENDORSEMENT Attached to Policy No. CA-FBSC-IMP-72306-1-15-00045908 Issued by Chicago Title Insurance Company The Company insures against loss or damage sustained by the Insured by reason of the lack of a right of access to the following utilities or services: (CHECK ALL THAT APPLY) Water service Electrical power service Natural gas service Sanitary sewer Telephone service Storm water drainage either over, under or upon rights-of-way or easements for the benefit of the Land because of: (1) a gap or gore between the boundaries of the Land and the rights-of-way or easements; (2) a gap between the boundaries of the rights-of-way or easements; or (3) a termination by a grantor, or its successor, of the 1ights-of-way or easements. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 4, 2016 Chicago Title Insurance Company Countersigned: q By:_.--~----- Authorized Signature 72E490 ALTA 17.2-06 Utility Access (10-16-08) CLTA 103.13-06 By Randy O"1rk. Prnldfnt Atte,L /4-_ M«:hatl Grr,tKt. Secretary Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALT A licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page lof I AMERICAN LANO TITLE ASSOCIATION ~ Order No. 00045908-016-AH Policy No. CA-FBSC-IMP-72306-1-15-00045908 ENDORSEMENT Attached to Policy No. CA-FBSC-IMP-72306-1-15-00045908 Issued by Chicago Title Insurance Company The Company insures against loss or damage sustained by the Insured by reason of the Land being taxed as part of a larger parcel of land or failing to constitute a separate tax parcel for real estate taxes. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements to it. Dated: January 4, 2016 Chicago Title Insurance Company Countersigned: ~ By:_--~----- Authorized Signature 72El27 ALTA 18-06 Single Tax Parcel (6-17-06) CLTA 129-06 By Randy Owk. Plts!dtnt Attest Michel Gr..-.ff1. Secretary Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page !of I AM£JllCAN LANO TITLI ASSOCIATION Order No. 00045908-016-AH Policy No. CA-FBSC-IMP-72306-1-15-00045908 ENDORSEMENT Attached to Policy No. CA-FBSC-IMP-72306-1-15-00045908 Issued by Chicago Title Insurance Company The Company insures against loss or damage sustained by the Insured by reason of: I. the failure of the Land described in Schedule A to be contiguous along its common bounda1y lines; or 2. the presence of any gaps, stiips, or gores separating any of the contiguous boundary lines described above. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 4, 2016 Chicago Title Insurance Company Countersigned: ~ By: __ --~----- Authorized Signature 72El29 AL TA 19-06 Contiguity -Multiple Parcels (6-17-06) CLTA 116.4.1-06 By Randy Ouifll, Pitsidfnt Altest Michael Gr r,1 Ht. Stcrttary Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page !of I AMEIUCAN LAND TITU ASSOCIATION Order No. 00045908-01 6-AH Policy No. CA-FBSC-IMP-72306-1-15-00045908 ENDORSEMENT Attached to Policy No. CA-FBSC-IMP-72306-1-15-00045908 Issued by Chicago Title Insurance Company The Company insures against loss or damage sustained by the Insured by reason of the failure of (i) a commercial structure known as 5781 Van Allen Way, Carlsbad, CA, to be located on the Land at Date of Policy, or (ii) the map, if any, attached to this policy to correctly show the location and dimensions of the Land according to the Public Records. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 4, 2016 Chicago Title Insurance Company Countersigned: ~c----- By: __ --~----- Authorized Signature 72El47 ALTA 22.1-06 Location and Map (6-17-06) CLTA 116.02-06 By Randy Owk. Pttsident Alltsl Micilael GraveU.. Stcrtta,y Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALT A licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under lice nse from the American Land Title Association. Page !of l AMERICAN LANO TITLE ASSOCIATION Order No. 00045908-016-AH Policy No. CA-FBSC-IMP-72306-1-15-00045908 ENDORSEMENT Attached to Policy No. CA-FBSC-IMP-72306-1-15-00045908 Issued by Chicago Title Insurance Company The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land as described in Schedule A to be the same as that identified on the survey made by Timothy 0 . Carroll, Jr. LS 7700, for O'Day Consultants dated December 17, 2015, and designated Job No. 101310. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 4, 2016 Chicago Title Insurance Company Countersigned: ~------ By:_,--~----- Authorized Signature 72E495 ALT A 25-06 Same as Survey (I 0-16-08) CLTA 116.1-06 By Randy Quirk. Pttsldtnt Altest Michael Gr a,e Ut. Stcrtta,y Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALT A members in good standing as of the date of use. All other uses are prohibited, Reprinted under license from the American Land Title Association, Page !of I AMEIUCAl'I LANO TITLE ASSOCIATION Order No. 00045908-016-AH Policy No. CA-FBSC-IMP-72306-l-15-00045908 ENDORSEMENT Attached to Policy No. CA-FBSC-IMP-72306-1-15-00045908 Issued by Chicago Title Insurance Company The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land to constitute a lawfully created parcel according to the subdivision statutes and local subdivision ordinances applicable to the Land. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 4, 2016 Chicago Title Insurance Company Countersigned: ~------ By: __ --~----- Authorized Signature 72E496 ALT A 26-06 Subdivision ( I 0-16-08) CLTA 116.8-06 By Randy Ouirll. President Alt.st Michael d, ..... u,. Socrttaty Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page lof J AME'-.ICAN LANO TITLI AtSOCIATION Order No. 00045908-016-AH Policy No. CA-FBSC-IMP-72306-1-15-00045908 ENDORSEMENT Attached to Policy No. CA-FBSC-IMP-72306-1-15-00045908 Issued by Chicago Title Insurance Company The Company insures against loss or damage sustained by the Insured if the exercise of the granted or reserved rights to use or maintain the easement(s) referred to in Exception(s) 9, I 0, 11 , 18, 20, 23 and 28 of Schedule B results in: (1) damage to an existing building located on the Land, or (2) enforced removal or alteration of an existing building located on the Land, This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 4, 2016 Chicago Title Insurance Company Countersigned: ~~----- By: __ --~----- Authorized Signature 72E608 ALT A 28-06 Easement -Damage or Enforced Removal (02-03-10) CLTA 103.1-06 By Randy Quill<. Pmldtnt Michael Gr l'l'tRt. Stcrttary Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page lof I AMERICAN L.ANDTITU A!SOCIATION OrderNo. 00045908-016-AH-JC Policy No. CA-FBSC-IMP-72306-l-15-00045908 ENDORSEMENT Attached to Policy No. CA-FBSC-IMP-72306-1-15-00045908 Issued By Chicago Title Insurance Company When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the Conditions. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 4, 2016 Chicago Title Insurance Company Countersigned: By ~ By:_~---------- Randy Ouvk. Ptu1dent Attest Authorized Signature Michael GravtUt. Stcrtta,y 72E746 ALT A 39-06 Policy Authentication ( 4-2-13) Page I of I Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALT A licensees and ALT A AMEPJCAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~~:!,!~~~: Title Association. OrderNo. 00045908-016-AH Policy No. CA-FBSC-IMP-72306-1-15-00045908 ENDORSEMENT Attached to Policy No. CA-FBSC-IMP-72306-1-15-00045908 Issued by Chicago Title Insurance Company The Company insures against loss or damage sustained by the Insured by reason of damage to existing improvements, including lawns, shrnbbery or trees, resulting from the exercise of any right to use the surface of the Land for the extraction or development of water excepted from the description of the Land or shown as a reservation in Schedule B. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 4, 2016 Chicago Title Insurance Company Countersigned: By. ~ Randy Quirk. Pruldent By: ____ __._ ____ _ Alt,.l Authorized Signature Michael Grl'itllt. Sec:reta,y 72£324 CLTA Form 103 .5-06 (03-09-07) Water Rights -Surface Damage Page !of 1 . Order No. 00045908-016-AH Policy No. CA-FBSC-IMP-72306-1-15-00045908 ENDORSEMENT Attached to Policy No. CA-FBSC-IMP-72306-1-15-00045908 Issued by Chicago Title Insurance Company The Company insures against loss or damage sustained by reason of any existing violations on the Land of the covenants, conditions and restrictions referred to in paragraph 2 of Schedule B. As used in this endorsement, the words "covenants, conditions or restrictions" do not refer to or include any covenant, condition or restriction (a) relating to obligations of any type to perform maintenance, repair or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions or substances except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy and is not excepted in Schedule B. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insw-ance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 4, 2016 Chicago Title Insurance Company Countersigned: ~'------- By: __ --~----- Authorized Signature 72E400 CL TA Fonn I 00.19-06 (03-09-07) CC&R's -Violations By Randy Owk, P1nident Altu t Michatl Grl'itl t. S.Crt lll)' Page !of I Order No. 00045908-016-AH Policy No. CA-FBSC-IMP-72306-1-15-00045908 ENDORSEMENT Attached to Policy No. CA-FBSC-IMP-72306-1-15-00045908 Issued by Chicago Title Insurance Company The policy is amended by deleting paragraph 14 of Conditions, relating to Arbitration. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: January 4, 2016 Chicago Title Insurance Company Countersigned: ~./ ____ _ By:_--~----- Authorized Signature 72E353 CL TA Form 110.1-06 (03-09-07) Deletion of Item From Policy 8y Randy 01/itk, Pieslcient Altul f,lichatl Grwttt . SKrtta,y Page I of I