HomeMy WebLinkAboutCDP 2021-0012; NEXTMED ORTHOPEDIC SPECIALISTS MONUMENT SIGN; Coastal Development Permit (CDP).. (city of
Carlsbad
C 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
Ii] Coastal Development Pennit Ii] Minor
D Conditional Use Pennit
D Minor D Extension
D Day Care (Large)
D Environmental Impact Assessment
D Habitat Management Permit
D Hillside Development Pennit
D Minor
D Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
D Residential D Non-Residential
D Planning Commission Detennination
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 D Minor
(FOR DEPT. USE ONLY) Legislative Permits
c..p~2.ol.\-OO\'l D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
□Amendment
□Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Pennit
D Administrative D Minor D Major
Village Review Area Permits
D Review Pennit
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
211-040-24-00
6121 Paseo Del Norte, Carlsbad
(STREET ADDRESS)
6121 Paseo Del Norte Modified Minor Sign Program. ----------
ESTIMATED COMPLETION DATE
Development No. CC..-v1,0Z ,\--QoC(?.. Lead Case No. C:DfZ cfl\--QQ \1
0.
• 0 0
OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME INDIVIDUAL NAME Scott Leggett Of applicable): Of applicable):
COMPANY NAME NEXTMED 111, LLC COMPANY NAME
(If applicable): (If applicable): NEXTMED Ill, LLC
MAILING ADDRESS: 6125 Paseo Del Norte, Ste 200 MAILING ADDRESS: 6125 Paseo Del Norte, Ste 200
CITY, STATE, ZIP: Carlsbad, CA 92010 CITY, STATE, ZIP: Carlsbad, CA 92010
TELEPHONE: 760-494-9126 TELEPHONE: 760-494-9126
EMAi L ADDRESS: scott@surgeryone.com EMAIL ADDRESS: scott@surgeryone.com
I CERTIFY THAT I AM THE LEGAL OVVNER 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
KNO'M.EDGE. I CERTIFY AS LEGAL OVVNER THAT THE APPLICANT AS THE BEST OF MY KNOVVLEDGE.
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURPOSES OF THIS APPLICATION.
S~\.. ~ J/;; 'f / ~I ►~okk \.,, & ~ ~1a~la1
SIGNATURE ~ -DATE • D.A: SINATURE --
APPLICANrs REPRESENTATIVE (Print): Hofman Planning Associates Atn: BIii Hofman
MAILING ADDRESS: 3152 Uonshead Ave
CITY, STATE, ZIP: Carlsbad, CA 9201 O
TELEPHONE: 760-692-4100
EMAIL ADDRESS: bhofman@hofmanplanning.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
KN~ ~ '3 ... t --'l.o 2.I
SIGNATURE DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
s:. ~PER~iAN~ATURE
FOR CITY USE ONLY
P-1 Page 2 of6
·· r" r·· f•' nJ.-cD ,. ; L: ,_ i
MAR 1 S 2021
. , .· · .. ,:__.1\RLSBAD
DAT~istAMP ·APPblBA:~~iECEIVED
RECEIVED BY:
Revised 10/20
{cicyof
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:
Person is defined as ~Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a .
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Scott Leggett Corp/Part NEXTMED 111, LLC
Title___________ Title ____________ _
Address 6125 Paseo Del Norte, Carlsbad Address 6125 Paseo Del Norte, Carlsbad
2. OWNER (Not the owner's agent)
P-1(A)
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 (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 Scott Leggett Corp/Part NEXTMED Ill, LLC
Title___________ Title _____________ _
Address 6125 Paseo Del Norte,
Carlsbad
Address 6125 Paseo Del Norte, Carlsbad
Page 1 of 2 Revised 07/10
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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 Profitrrrust.________ 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 [Z] No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
~ ~ l.. ~ ~ ~J:14 ,).,
Signature of owner/date
Print or type name of owner Print or type name of applicant
Print or type name of owner/applicant's agent
P-1(A) Page 2 of2 Revised 07 /10
(city of
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Servic~s
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
Ii] The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application .!!! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: NEXTMED Ill, LLC
Address: 6121 Paseo Del Norte, Ste 200
Carlsbad, CA
Phone Number: 760-494-9126
PROPERTY OWNER
Name: NEXTMED Ill, LLC
Address: 6121 Paseo Del Norte
Ste 200, Carlsbad, CA
Phone Number: 760-494-9126
Address of Site: 6121 Paseo Del Norte. Carlsbad, CA
Local Agency (City and County):_C_a_r_ls_b_a_d_,_S_a_n_D_ie_g_o ___________ _
Assessor's book, page, and parcel number:_2_1_1_-_0_4_0_-_2_4_-_0_0 ___________ _
Specify list(s): __________________________ _
Regulatory Identification Number: _____________________ _
Date of List: ----------------------------
s~ Lt_~~ ~,;J.y/;J,J
Property Owner Signature/Date 1
The Hazardous Waste and Substances Sites List (Cortese List} is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 02/1 3
I""' '--
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ___________ (To be completed by City)
Application Number(s): _______________________ _
General Information
1. Name of project: 6121 Paseo Del Norte Modified Minor Sign Program
2. Name of developer or project sponsor: _n_/a _______________ _
Address: _________________________ _
City, State, Zip Code: _____________________ _
Phone Number: ------------------------
3. Name of person to be contacted concerning this project: Hofman Planning Associates
Address: 3152 Lionshead Ave
City, State, Zip Code: Carlsbad, CA 92010
Phone Number: 760-692-41 00
4. Address of Project: 6121 Paseo Del Norte, Carlsbad
Assessor's Parcel Number: 211-040-24-00
5.
6.
7.
8.
9.
---------------------
List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
Modified Minor Sign Program
Existing General Plan Land Use Designation: _0 ______________ _
Existing zoning district: _0 ____________________ _
Existing land use(s}: ______________________ _
Proposed use of site (Project for which this form is filed): Addition of Wall Signs
Project Description
10. Site size: Acreage: .9?
11.
12:
13.
14.
P-1(D)
Proposed Building square footage: _n_l_a ________________ _
Number of floors of construction: _n_/_a _________________ _
Amount of off-street parking provided: _n_/_a _______________ _
Associated projects: _n_/_a ____________________ _
Page 2 of4 Revised 07/10
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15. If residential, include the number of units and schedule of unit sizes: _n_/_a _______ _
16. If commerctal, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: _n1a ___________________ _
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _n_l_a ___ _
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: _n1_a _______ _
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: _™_a __________________ _
P-1(D) Page 3 of 4 Revised 07/10
C
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D 0
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or D 0
roads.
22. Change in pattern, scale or character of general area of project. D 0
23. Significant amounts of solid waste or litter. D 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 12]
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. D [a
27. Site on filled land or on slope of 10 percent or more. D [a
28. Use of disposal of potentially hazardous materials, such as toxic substances, D 121
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, D 12]
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 12]
31. Relationship to a larger project or series of projects. D 121
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge and belief.
Date: '1 \ ').. '1} 1...,\ Signature: .S \, :t')., ~ ~ ~
For:
P-1(D) Page 4 of4 Revised 07/10
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'-'lo...tH.Y '-11
Carlstiad
IW-,.,..■,1.I •v••ft•"-■
PROJECTS
P-1{E)
PLEASE NOTE:
Fhlll■I~ LA'IIIMU■
1635 Faraday Avenue
(760) 6()2-4&10
www.carb.ba4ca.ca11
Tme lints on Ile procusing of disonttionary projects established by slal& law do not alart until a
project applatlon is deemed camp!• by Ille Cly. The City has 30 calendar days from the da.te or
~lion submfflal ID determine v.ttmher en IIIJ!pllcatf-on Is complela or lncompl1Jt11. Wlhln 30 ,clays of
submltal d 1l1is application you wll receive II ldar stallng whell1• lhls applicatlon Is. comp!ele or
ilcomplete. If ft ~ lncompl84:e, the latter wlN stale wllilt Is neaded to mau this appllcation complelB.
When tha appllcation ft!. oompl81:a, lie processing period WIii start upon lie data of U,e corqmlon lelsr ..
• ,au _,,. any quaalana ragarding appllcadon 111mmlttal raquinmanta (I.•., darlflcallon
,.._.ting • apec:fflc requlramHt ar whlth•r all r~u:!rements are necBBaary far yaur partlcul■r
appllcaUo" ple■MCBI (710) 612-4610.
Applicant Slg11aln: S ~ '"' ,\ ~
staff Signature:
Date:
To be slapled with receipt t!I lhe applk:aion
P-l(E) Fll'4td 01110
CONDITION OF TITLE
Guarantee Number:
Issued By:
@ CHICAGO TITLE INSURANCE COMPANY 73720000772
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 Hie Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)
Chicago Title Insurance Company
By:
Attest:
·:-E
MAR 1 8 2021
CITY OF-CARLSBAD
PLAI\JNING DIVISlf'\I
Page 1
President
Secretary
Printed: 01 .28.20@ 12:53 PM
CA-CT-FWDO-02180. 055820-SPS-1-20-73720000772
C
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: January 17, 2020 at 07:30 AM
1. Name of Assured: NextMed Ill owner lie fbo Surgery One 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:
Nextmed Ill Owner, LLC, a Delaware limited liability company
GUARANTEE NO. 73720000772
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 Tttle Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)
END OF SCHEDULE A
Page2
Printed 01.28.20@1253 PM
CA-CT-FWDO-02180. 055820-SPS-1-20-73720000772
C
For APN/Parcel ID(s): 211-040-18-00
EXHIBIT "A"
Legal Description
Parcel 3 of Parcel Map No. 3415, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, January 21, 1975 as file no. 75-014212 of Official Records.
Condition of Trtle Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)
Page3
Printed 01.28.20@1253 PM
CA-CT-FWD0-02180. 055820-SPS-1-20-73720000772
C :)
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73720000772
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. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Penalty and Cost:
Code Area:
211-040-18-00
2019-2020
$127,464.41 paid.
$127,464.41, open
$12,756.44 (Due after April 10)
09018
3. 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:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Penalty:
Delinquent:
Code Area:
Supplemental Bill No.:
211-040-18-00
2018-2019
$20,335.70, paid
$20,335.70, open (delinquent)
$2,043.57
12/02/2019
09018
889-450-53-98
4. 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.
5. The ownership of said Land does not include rights of access to or from the street, highway, or freeway (known as
Interstate 5) abutting said Land, such rights having been relinquished by the document,
Recording Date: February 16, 1966
Recording No.: 27 424 Official Records
Affects:
and Recording Date:
and Recording No.:
Interstate 5
May 31, 1966
89678 Official Records
6. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for
dedication, on the map;
Purpose:
Affects:
Recording No.:
Condition of Hie Guarantee
power lines
as shown on said map
Parcel Map No. 3415
CLTA Guarantee Form No. 28 (06/05/2014)
Page4
Printed 01 28.20 @ 12 53 PM
CA-CT-FWD0-02180. 055820-SPS-1-20-73720000772
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CHICAGO TITLE INSURANCE COMPANY
7. Matters contained in that certain document
Entitled:
Recording Date:
An Agreement
July 27, 1990
SCHEDULE B
( continued)
Recording No.: 90-409725 Official Records
Reference is hereby made to said document for full particulars.
~ ,,_)
GUARANTEE NO. 73720000772
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:
San Diego Gas & Electric Company
public utilities and incidental purposes
January 2, 1991
1991-0001117 Official Records
the route thereof affects a portion of said land and is more fully described in said document.
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:
San Diego Gas & Electric Company
public utilities and incidental purposes
April 23, 1998
1998-0232406 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.:
San Diego Gas & Electric Company
public utilities and incidental purposes
September 4, 1998
1998-0566406 Official Records
Affects: 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.:
Pacific Bell Telephone Company
public utilities and incidental purposes
August 1 , 2000
2000-0406305 Official Records
Affects: the route thereof affects a portion of said land and is more fully described in said document.
12. Matters contained in that certain document
Entitled:
Recording Date:
Recording No.:
Encroachment Agreement
February 6, 2012
2012-0067030 Official Records
Reference is hereby made to said document for full particulars.
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)
Page 5
Printed 01 28.20@ 1253 PM
CA-CT-FWDO-02180. 055820-SPS-1-20-73720000772
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73720000772
SCHEDULE B
( continued)
13. 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:
The Carlsbad Municipal Water District
waterline purposes
February 6, 2012
2012-0067205 Official Records
the route thereof affects a portion of said land and is more fully described in said document.
14. 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 and incidental purposes
September 4, 1998
1998-0566406 Official Records
the route thereof affects a portion of said land and is more fully described in said document.
15. A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Dated:
Trustor/Grantor:
Trustee:
Beneficiary:
Loan No.:
Recording Date:
Recording No:
$12,000,000.00
November 6, 2019
Nextmed Ill Owner, LLC, a Delaware limited liability company
Chicago Title Company
Comerica Bank
November 7, 2019
2019-0514093, Official Records
Said deed of trust or the deed(s) of trust recorded concurrently therewith have no recitals that would indicate the
relative priority between said instruments.
16. An assignment of all moneys due, or to become due as rental or otherwise from said Land, to secure payment of
an indebtedness, shown below and upon the terms and conditions therein
Amount:
Assigned to:
Assigned By:
Recording Date:
Recording No.:
$12,000,000.00
Comerica Bank
NextMed Ill Owner, LLC, a Delaware limited liability company
November 7, 2019
2019-0514094, Official Records
17. A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Dated:
Trustor/Grantor:
Trustee:
Beneficiary:
Loan No.:
Recording Date:
Recording No:
$4,500,000.00
November 6, 2019
Nextmed Ill Owner, LLC, a Delaware limited liability company
Chicago Title Company
Comerica Bank
November 7, 2019
2019-0514095, Official Records
Said deed of trust or the deed(s) of trust recorded concurrently therewith have no recitals that would indicate the
relative priority between said instruments.
Condition of Trtle Guarantee
CLTA Guarantee Form No 28 (06/05/2014)
Page 6
Printed 01.28.20@1253 PM
CA-CT-FWDO-02180.055820-SPS-1-20-73720000772
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CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B
( continued)
,......__
-~
GUARANTEE NO. 73720000772
18. An assignment of all moneys due, or to become due as rental or otherwise from said Land, to secure payment of
an indebtedness, shown below and upon the terms and conditions therein
Amount:
Assigned to:
Assigned By:
Recording Date:
Recording No.:
$4,500,000.00
COMERICA BANK
NEXTMED Ill OWNER, LLC, a Delaware limited liability company
November 7, 2019
2019-0514096, Official Records
19. In order to complete this report, the Company requires a Statement of Information to be completed by the
following party(ies),
Party(ies): members/owner
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 Trtle Guarantee
CL TA Guarantee Form No. 28 (06/05/2014)
END OF SCHEDULE B
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CA-CT-FWDO-02180. 055820-SPS-1-20-73720000772
C
CHICAGO TITLE INSURANCE COMPANY
EXCLUSIONS FROM COVERAGE
,.......,,
""""' GUARANTEE NO. 73720000772
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) Un patented 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, ii 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 Title Guararitee
CLTA Guarantee Form No. 28 (06/05/2014)
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..
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73720000772
(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 lime 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, ii 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 Hie Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)
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CA-CT-FWDO-02180. 055820-SPS-1-20-73720000772
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73720000772
(continued)
11. ARBITRATION
Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance
Arbitration Rules of the American Land Title 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 Title Insurance Company
P.O. Box 45023
Jacksonville, FL 32232-5023
Attn: Claims Department
Condition of Trtle Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)
END OF CONDITIONS
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