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HomeMy WebLinkAboutAMEND 2021-0012; CABRILLO POWER I; Planned Unit Development - Non-Residential (PUD) (2){ Cicyof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits 0 Coastal Development Pennit 0 Conditional Use Pennit D Minor D Extension D Day Care (Large) D Minor 0 Environmental Impact Assessment D Habitat Management Pennit D Minor 0 Hillside Development Pennit O Minor 0 Nonconforming Construction Pennit Amendment to Approved Iii Planned Development Pennit O Minor D Residential Iii Non-Residential 0 Planning Commission Detennination 0 Reasonable Accommodation 0 Site Development Plan O Minor 0 Special Use Permit Amendment to Approved Iii Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) 0 Variance 0 Minor (FOR DEPT. USE ONLY) Legislative Permits fJrM<W'--~ J.,fj 'L I -oo I 2- ,.+11tt~ ..,.l"l?~l -0013 D General Plan Amendment 0 Local Coastal Program Amendment D Master Plan 0 Specific Plan 0 Zone Change □Amendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Pennit 0 Administrative O Minor O Major Village Review Area Permits 0 Review Permit 0 Administrative O Minor O Major (FOR DEPT. USE ONLY) a 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. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 210-010-48 & 210-010-4 7 LOCATION OF PROJECT: 4600 Carlsbad Blvd, Carlsbad CA 92008 NAME OF PROJECT: BRIEF DESCRIPTloN OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY (STREET ADDRESS) Cabrillo Power I -Approved Project Amendment Amendment to previous approved project (PUD 2020-0002/MS 2020-0005 (DEV2020-0297). Includes sphftlng 2 land parcels into 4 land parcels. NA ESTIMATED COMPLETION DATE NA ------------ Development No. ~ f3 V 2-.o 2-0 -0 2--51 Lead Case No. ~ 2(!) Z I -DO I ~ P-1 Page 1 of6 Revised 10/20 0 0 OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME Eric Leuze INDIVIDUAL NAME Mark Rohrlick (if applicable): (if applicable): COMPANY NAME Cabrillo Power I LLC COMPANY NAME NRG Energy Inc (if applicable): (if applicable): MAILING ADDRESS: 804 Carnegie Center MAILING ADDRESS: 804 Carnegie Center CITY, STATE, ZIP: Princeton, NJ 08540 CITY, STATE, ZIP: Princeton, NJ 08540 TELEPHONE: 609-524-4500 TELEPHONE: 760-930-1508 EMAIL ADDRESS: Eric.Leuze@nrg.com EMAIL ADDRESS: Mark.Rohrlick@nrg.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND jf ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE B OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR P~CATION ..... 09/03/2021 09/03/21 S N UR DATE SIGNAT RE DATE APPLICANT'S REPRESENTATIVE (Print): Patrick Zabrocki, Howes, Weiler, Landy -Planning & Engineering MAILING ADDRESS: 2888 Loker Avenue East #217 CITY, STATE, ZIP: Carlsbad, CA 92010 TELEPHONE: 760-929-2288 EMAIL ADDRESS: pzabrocki@hwl-pe.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ✓:/ .. ,/ f';1 09.04.2021 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 Y CCESSORS IN INTEREST. ---- FOR CITY USE ONLY P-1 Page2 of6 RECEIVED SEP 08 2021 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED 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 Mark Rohrlick Corp/Part NRG Energy Inc Title Title -------------------------- Address 804 Carnegie Center Address Princeton, NJ 08540 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 Eric Leuze Title ------------ Address 804 Carnegie Center Princeton, NJ 08540 Corp/Part Cabrillo Power I LLC Title ______________ _ Address ____________ _ Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the . Non Profit/Trust________ Non Profit/Trust _________ _ Title Title -------------------------- Address Address ------------------------ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes l ✓INo If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correc o the best of my knowledge. ~09/03/21 Signature of owner/date 09/03/2021 ture of applicant/date Eric Leuze , Vice President Print or type name of owner Mark Rohrlick, Senior Director, NRG Energy Inc Print or type name of applicant 09.04.21 Signature of owner/applicant's agent if applicable/date Patrick Zabrocki, Howes, Weiler, Landy -Planning & Engineering Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07 /10 ,. ASSISTANT SECRETARY'S CERTIFICATE OF CARRILLO POWER I LLC I, Deborah R. Fry, the duly elected, qualified and acting Assistant Secretary of Cabrillo Power I LLC, a Delaware limited liability company (the "Company"), do hereby certify that: 1. The individuals listed below hold the offices set forth opposite their respective names, and may sign on behalf of the Company; and 2. The signatures of the individuals listed on Exhibit A attached hereto and the signatures set forth opposite their names are their true signatures. Name Christopher S. Moser Gaetan Frotte David Callen Eric Leuze Glen Edwin Mackey Edward Christopher Krupa Sean Beatty Deborah R. Fry Office President Treasurer Vice President Vice President Vice President Vice President, Tax Secretary Assistant Secretary IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of November, 2020. Deborah R. Fry, Assistant Secre C 0 EXHIBIT A Name Title Si nature Eric Leuze Vice President Sean Bea Secreta ( Cicyof Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: Cabrillo Power I -Amendment to Approved Project APPLICANT NAME: NRG Energy Inc Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: BACKGROUND The Cabrillo Power I project (PUD 2020-0002/MS 2020-0005 (DEV2020-0297)) was approved on August 05, 2021. The City approved the application for a Minor Non-Residential Planned Development Permit (PUD) and Minor Subdivision (MS) to divide a 95.12-acre property owned by NRG into four separate lots. The parcels created by the approval reflect the boundaries of long-term leases that exist on the site for the Desalination Facility, the new power station and a sewer pump station. PROPOSED AMENDMENT The amendment proposed by this application is requested to revise the text in the City's approval letter and on the approved Tentative Parcel Map (TPM). The revisions will correct inconsistencies that exist in the approval letter and TPM with the approved Irrevocable Offer of Dedication (IOD) that was created for trails to be included in future development plans. P-1(B) Page 1 of 1 Revised 07/10 C BACKGROUND tW HOWES I WEILER I LANDY PLANNING & ENGINEERING CABRILLO POWER I PROJECT DESCRIPTION 0 The Cabrillo Power I project consists of a Parcel Map and Minor Non-Residential Planned Development Permit (PUD) to divide a 95.12-acre property owned by NRG into four separate lots. The property is located to the north of the intersection of Cannon Road and Carlsbad Boulevard on both the east and west sides of the NCTD railroad. The parcels created by the proposed map will reflect the boundaries of long-term leases that exist on the site for the Desalination Facility, the new power station and a sewer pump station. PARCEL DESCRIPTION Parcel 1, located on the west side of the railroad, is 5.7 acres in size and corresponds with the area leased by Poseidon for the existing Desalination Facility. The area within the boundaries of Parcel 4A is shown as lot 210-010-48 in the Assessors' Pages. However, the boundaries shown by 210-010-48 correspond to the boundaries of the lease between NRG & Poseidon for financial purposes. This is not a true lot Parcel. The proposed map will make this area a legal lot. Parcel 2, also located on the west side of the NCTD Railroad is 57 .35 acres in size and is occupied by the decommissioned Encina Power Station, the San Diego Gas & Electric (SDG&E) switching yard and aquaculture uses adjacent to the lagoon. No changes are proposed to the switching yard or aquaculture uses and the decommissioned power station is currently being demolished in accordance with the agreement between the City and NRG. Parcel 3, located on the east side of the NCTD Railroad, is 28.91 acres in size and corresponds with the boundaries of the lease agreement with NRG for the new power station. No modifications to the boundaries are being proposed by this map. A portion of Parcel 4, located on the east side of the NCTD Railroad, is currently occupied by a sewer pump station. No changes to this use are being proposed at this time. PURPOSE OF APPLICATION A Minor Non-Residential PUD is being processed concurrently with the proposed Parcel Map. The Non- Residential PUD Ordinance was written to allow for the creation of non-residential lots that do not comply with coverage or area requirements of the underlying zone, such as postage stamp lots throughout the industrial areas of Carlsbad. The goal of the proposed project is to allow NRG to transfer the ownership of the portions of the site leased to the Desalination Facility and the new power station. Lot lines created by the proposed map reflect the boundaries of the existing leases for these uses. The proposed project does not allow for any development to occur, nor will it impact the future redevelopment of the site. Future uses and redevelopment of the site will be determined as a part of the preparation of a Specific Plan. The - Desalination Facility, switching yard and new power station will remain at their existing locations regardless of future development on the other portions of this site. ACCESS Parcel 1, the site of the Desai Facility, will gain access across Parcel 2. A copy of the Poseidon Ground Lease and Easement Agreement accompany this submittal. No changes to the access shown on these exhibits is proposed. Parcel 2 will continue to gain access from Carlsbad Boulevard. Parcels 3 and 4 will continue to gain access from an existing easement across the SDG&E property directly to the south. A copy of the existing easement agreement between SDG&E and Cabrillo Power I LLC accompany this submittal. No changes to this access is being proposed. ( Cicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): D 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. Ii] The development project and any alternatives proposed in this application m contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Mark Rohrlick, Senior Director Address: 804 Carnegie Center Princeton, NJ 08540 Phone Number: 609-524-4500 PROPERTY OWNER Name: Eric Leuze, Vice President Address: 804 Carnegie Center Princeton, NJ 08540 Phone Number: 609-524-4500 Address of Site: 4600 Carlsbad Boulevard, Carlsbad, CA 92008 Local Agency (City and County): City of Carlsbad / County of San Diego Assessor's book, page, and parcel number: 21 0-01 0-48 & 210-010-4 7 S 'f 1. t( ) Hazardous Waste and Substance List pursuant to Gov. Code Section 65962.5 (Cortese List) pee, y 1s s : ___________________________ _ Regulatory Identification Number: EPA ID #CAT000618900 / SD County DEH ID# 113914 Date of List: August 1, 2013 09/03/2021 /~,&:._.. 09/03/21 Property Owner Signature/Date 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 02/13 C 0 Per the California Environmental Protection Agency's website, 'While Government Code Section 65962.5 [referred to as the Cortese List) makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/CorteseList/default.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ca.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1(C) Page 2 of 2 Revised 02/13 ( Cicyof Carlsbad EIA INFORMATION FORM P-1(0) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1 (D) Page 1 of 4 Revised 07/10 C 0 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): General Information 1. Name of project: Cabrillo Power I -Amendment to Approved Project 2. Name of developer or project sponsor: Mark Rohrlick, NRG Energy Inc Address: 804 Carnegie Center City, State, Zip Code: _P_r_in_c_et_o_n_, N_J_08_5_4_o _________________ _ Phone Number: 760-930-1508 ---------------------------- 3. Name of person to be contacted concerning this project: Patrick Zabrocki, HWL -Planning & Engineering Address: 2888 Loker Avenue East, #217 City, State, Zip Code: Carlsbad, CA 92010 -------------------------- Phone Number: 858-245-2473 ---------------------------- 4. Address of Project: _4_6_o_o_c_a_rl_sb_a_d_, C_A_9_20_0_8 _______________ _ Assessor's Parcel Number: 210-010-48 & 210-010-47 ------------------------ 5. 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: Coastal Development Permit authorized by the CA Coastal Commission 6. Existing General Plan Land Use Designation:Visitor Commercial/Open Space (VC/OS}, Public (P) 7. Existing zoning district: Public Utility (P-U), Deferred Certification Area, Commercial Visitor Serving overlay zone 8. Existing land use(s): Power plant, desalination facility, pump sewer station, SDG&E switchyard 9. Proposed use of site (Project for which this form is filed): _s_a_m_e_a_s_e_xi_s_tin_g _______ _ Project Description 10. Site size: _9_5_.0_1_2_A_c_re_s _______________________ _ 11. Proposed Building square footage: _o ____________________ _ 12: Number of floors of construction: _o ____________________ _ 13. Amount of off-street parking provided: _o __________________ _ 14. Associated projects: _N_A _______________________ _ P-1(O) Page 2 of 4 Revised 07/10 15. 16. C If residential, include the number of units and schedule of unit sizes: _N_A ________ _ If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: NA 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ NA 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: NA 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: NA P-1{D) Page 3 of 4 Revised 07/10 C 0 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ 0 roads. 22. Change in pattern, scale or character of general area of project. □ 0 23. Significant amounts of solid waste or litter. □ 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ 0 27. Site on filled land or on slope of 10 percent or more. □ 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0 31. Relationship to a larger project or series of projects. □ 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 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: 09103/2021 Signature: For: P-1 (D) Page 4 of 4 Revised 07/10 tiinn HOWES I WEILER I LANDY PLANNING & ENGINEERING P-1 {D) Environmental Setting Description Cabrillo Power I LLC Subdivision November 2020 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. The project site located at 4600 Carlsbad Boulevard, regionally located in the northwestern portion of the City of Carlsbad along the coastline. The main access to the site is from the northwestern portion of the site along Carlsbad Boulevard. Topography of the site starts at sea level along the western portion and increases to a maximum elevation of approximately 50 feet at the eastern portion of the site. There are four terraced sections of the site from west to east, with transitions, that have a respective approximate elevation of 2 feet, 18 feet, 30 feet, and 50 feet above sea level. The project site at has been built out for decades and contains stable soils. The project site contains the Poseidon Desalination Plant, the new power station, a sewer pump station, aquaculture uses, and a San Diego Gas & Electric (SDG&E) switchyard. Additionally, the project site contains the now decommissioned Encina Power Plant and associate smokestack tower as well as the ancillary equipment and supporting structures, all of which have been determined to not have any significant cultural or visual significance. The majority of the site contains mature ornamental vegetation and animals typically associated with a developed urban setting. The photos presented in Attachment 1 -Existing Site Photographs depict the current site setting. 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. The proposed project site includes two parcels (APN 210-010-48 & 210-010-47) located along the southern side of the Agua Hedionda Lagoon with Interstate 5 and agricultural land to the east, Carlsbad Boulevard and the Pacific Ocean to the west, and the SDG&E North Coast Construction and Operations property to the south. The property is bisected by the coastal railroad tracks in a north to south direction. The uses, size and intensity of the SDG&E property to the south are less than the project site with single story administration buildings and construction/equipment/vehicle storage as the primary use. The surrounding properties to the west, north and east do not contain development. The photos in Attachment 2 -Existing Surrounding Photographs depict the surrounding properties. ll Page CABRILLO LOT SPLIT EIA ATTACHMENT 1 -EXISTING SITE PHOTOGRAPHS Parcel 1 Parcel 2 Parcel 3 Parcel4 CABRILLO LOT SPLIT EIAATTACHMENT 2-EXISTING SURROUNDING PHOTOGRAPHS North East South West (cicyof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: "--"' Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific req ·rement or whether all requirements are necessary for your particular application) please call ( ) 602-4610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07 /10 {cicyof Carlsbad ...... ...,_ TENTATIVE PARCEL MA~ WAIVER OF PROCESSING TIME LIMITS P-1{F) Proposed Minor Subdivision No.: __________ _ Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process tentative parcel maps. Per SMA Section 66451.1, this time limit may be extended by mutual consent of the applicant and the city to allow for concurrent processing of related approvals or an environmental review of the project. By accepting applications for tentative parcel maps concurrently with applications for other approvals that are prerequisites to the map (e.g., Environmental Information Form, Environmental Impact Report, Condominium Permit, Planned Unit Development), the 50-day time limit is often exceeded. For the city to process a tentative parcel map application concurrently, the property owner or applicant must sign this agreement. If this agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to the map have been processed and approved. The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time restriction and hereby waives such time restriction for city planner action. Signer is (check one): -~~~~~::::::=~M~a!!:rk~R£Oh~r~lic~k~ _ _J0~9~/0Q;3~/2~1L_ __ □Property Owner [{]Applicant Signature Print Name Date P-1 (F) Rev. 04/13 ( Cicyof Carlsbad TEN ATIVE PARCEL MAP TENAN NOTIFICATION STATEMENT (Statement of Compliance with Subdivision Map Act Sect. 66427.1) P-1(G) Proposed Minor Subdivision No.: ___________ _ Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov I hereby certify that I have read Subdivision Map Act Section 66427.1 (provided below) and that I will make all notifications the tenants required therein. Signature □Property Owner Signature [{]Property Owner [{]Applicant □Applicant Subdivision Map Act Section 66427.1 Mark Rohrlick 09/03/21 Print Name Date Eric Leuze 09/03/3021 Print Name Date (a) The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project, unless it finds as follows: (1) Each tenant of the proposed condominium, community apartment project, or stock cooperative project, and each person applying for the rental of a unit in the residential real property, has received or will have received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451 ). (2) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received or will receive each of the following notices: (A) Written notification, pursuant to Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a tentative map pursuant to Section 66452. (B) Ten days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final public report, and that the report will be available on request. (C) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate. (D) Written notification within 10 days after approval of a final map for the proposed conversion. (E) One hundred eighty days' written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to Section 66452 .11, but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (F) Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Section 11018.2 of the Business and Professions Code, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her intention not to exercise the right. (b) The written notices to tenants required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) shall be deemed satisfied if those notices comply with the legal requirements for service by mail. (c) This section shall not diminish, limit or expand, other than as provided in this section, the authority of any city, county, or city and county to approve or disapprove condominium projects. (d) If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in that language. P-1 (G) Page 1 of 1 Revised 11/12 Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 (city of Carlsbad In July 2020, the City of Carlsbad adopted an amended Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. • If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. • The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 Revised 07 /20 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. STEP 1 Land Use Consistency Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No □ If "Ye~, proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTC02e/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: SO 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 MTCOie/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 07/20 . .._ 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. Application Information Project No./Name: Cabrillo Power I LLC Subdivision Property Address/APN : 4600 Carlsbad Boulevard, Carlsbad CA 92008 Applicant Name/Co.: Mark Rohrlick, NRG Energy Inc Applicant Address: 804 Carnegie Center, Princeton NJ 08540 Contact Phone: 760-930-1508 Contact Email: Mark.Rohrlick@nrg.com Contact information of person completing this checklist (if different than above): Name: Patrick Zabrocki Contact Phone: 760-929-2288 ex. 407 Company name/address: Howes, Weiler, Landy -Planning & Engineering Contact Email: pzabrocki@hwl-pe.com 2888 Loker Avenue E. #217, Carlsbad CA 92010 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): $ 0 (no development proposed) Construction Type Complete Section(s) Notes: D Residential □ Alterations: □ BPV;:: $60,000 □ BPV;:: $60,000 □ Electrical service panel upgrade □ BPV;:: $200,000 □ New construction lA lA and 4A 4A lA and 4A 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 [2ll Alterations: Proposed project is a parcel map and no development is proposed. Therefore, no further action is required. P-30 Page 3 of 7 Revised 07/20 ( City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: 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: Cabrillo Power I -Approved Project Amendment PROJECT ID: ADDRESS: 4600 Carlsbad Blvd, Carlsbad CA 92008 APN : 210-010-47 & -48 The project is (check one): D New Development ~ Redevelopment (Other -Lot Split) The total proposed disturbed area is: 0 ft2 ( 0 ) acres The total proposed newly created and/or replaced impervious area is: 0 ft2 ( 0 ) 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 STEP1 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 ~ □ 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 building): The proposed project includes the splitting of 2 land parcels into 4 land parcels and does not include any development or alter any physical aspects of the project site. If you answered "no" to the above question, the project is a 'development project', ao to Step 2. STEP2 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 auidance? 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 greater. 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 overfand 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 commingled 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 dav. 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 statino "Mv 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 BMP'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 aoolicant information. STEPS 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-3o' 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. [RI My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Patrick Zabrocki Applicant Title: Applicant Representative Applicant Signature: ~r- Date: 09/03/2021 .. .. • Environmentally Sensitive 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. This Box for City Use Onlv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of4 REV 04/17 ~ FIDELITY NATIONAL TITLE GROUP •.1u,(te• FNTG Western Region Energy Services Chicago TIiie • Commonwealth • Fidelity National Title• Ticor Title Fidelity National Title Company 4210 Riverwalk Parkway, Suite 200 Riverside, CA 92505 Phone: (951) 710-5912 • Fax: Issuing Policies of Fidelity National Title Insurance Company Title Officer: Mitch LaRiva Order No.: 997-30056240-A-ML6 Escrow Officer: Major Accounts OAC TO: Howes, Weiler, Landry Planning and Engineering, 2888 Loker Ave East, Suite 217 Carlsbad, CA 92010 ATTN: Mel Landy, PE YOUR REFERENCE: Cabrillo Power 1 PROPERTY ADDRESS: Carlsbad Blvd, Carlsbad, CA AMENDED PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and AL TA Homeowners Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a Florida Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth In Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Countersigned by: Cl Authorized Signature CL TA Preliminary Report Form -Modified (11/17/06) Page 1 ~ FIDELITY NATIONAL TITLE <iROUP , A • • FENTG w5estern Region ,.. • . nergy erv1ces Chicago Title• Commonwealth • Fidelity National Title• Ticor Title Fidelity National Title Company 4210 Riverwalk Parkway, Suite 200 Riverside, CA 92505 Phone: (951) 710-5912 • Fax: AMENDED PRELIMINARY REPORT EFFECTIVE DATE: January 15, 2021 at 7:30 a.m., Amended: January 21, 2021, Amendment No. A ORDER NO.: 997-30056240-A-ML6 The form of policy or policies of title insurance contemplated by this report is: 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CABRILLO POWER I LLC, a Delaware limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form -Modified (11/17/06) Page3 C PRELIMINARY REPORT Your Reference: Cabrillo Power 1 EXHIBIT A LEGAL DESCRIPTION Fidelity National Title Company Order No.: 997-30056240-A-MLG THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA OF CARLSBAD IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, , DEFINED AS PARCEL 4 IN THAT CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS INSTRUMENT NO. 2001-0789068 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF THE 100.00 FOOT WIDE RIGHT-OF- WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD WITH THE NORTHERLY LINE OF CANNON ROAD (60.00 FEET WIDE); THENCE ALONG SAID EASTERLY LINE NORTH 22°30'13" WEST, 1564.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 22°30'13" WEST, 1990.35 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1005.37 FEET, A RADIAL TO SAID BEGINNING BEARS SOUTH 85°54'14" EAST; THENCE NORTHEASTERLY 36.76.FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°05'42"; THENCE NON-TANGENT TO SAID CURVE NORTH 22°30'13" WEST, 302.87 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 61°25'37" EAST, 14.19 FEET; THENCE NORTH 30°30'37" EAST, 34.90 FEET; THENCE SOUTH 40°47'23" EAST, 63.50 FEET; THENCE SOUTH 69°10'23" EAST, 38.00 FEET; THENCE NORTH 79°19'37" EAST, 285.00 FEET; THENCE NORTH 88°07'37" EAST, 333.14 FEET; THENCE NORTH 81°53'37" EAST, 13.68 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF CALIFORNIA STATE HIGHWAY XI-SD-2B (1-5); THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 17°57'05" EAST, 204.93 FEET; THENCE SOUTH 12°34'11"EAST, 424.72 FEET; THENCE SOUTH 22°07'51" EAST, 239.68 FEET; THENCE SOUTH 22°30'37" EAST, 1210.91 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 67°37'25" WEST, 492.66 FEET; THENCE SOUTH 62°25'13" WEST, 126.26 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID LOTH DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF RECORD OF SURVEY NO. 14621, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 14, 1994 AS FILE NO. 1994-500086, SAID CORNER BEING ON THE WESTERLY LINE OF THE RIGHT-OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID WESTERLY LINE AND EASTERLY LINE OF SAID RECORD OF SURVEY NO. 14621 SOUTH 28°40'19" EAST, 656.70 FEET TO THE MOST SOUTHERLY CORNER OF SAID RECORD OF SURVEY NO. 14621; THENCE CONTINUING SOUTH 28°40'19" EAST, 275.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 56°25'30" WEST, 61.30 FEET; THENCE SOUTH 04°59'18" WEST, 27.61 FEET; THENCE SOUTH 39°37'42" EAST, 61.38 FEET; THENCE SOUTH 77°21 '22" EAST, 49.55 FEET; THENCE SOUTH 26°45'23" EAST, 232.92 FEET; THENCE SOUTH 17°52'19" EAST, 115.92 FEET; THENCE SOUTH 02°16'37" EAST, 55.06 FEET; THENCE SOUTH 24°00'58" WEST, 44.47 FEET; THENCE SOUTH 40°45'14" WEST, 126.60 FEET; THENCE SOUTH 29°41'50" WEST, 83.42 FEET; THENCE SOUTH 27°27'35" WEST, 90.04 FEET; THENCE SOUTH 35°18'30" WEST, 212.59 FEET; THENCE SOUTH 19°22'01" EAST, 108.34 FEET; THENCE SOUTH 30°56'56" EAST, 304.06 FEET; THENCE SOUTH 14°30'21" WEST, 175.27 FEET; THENCE SOUTH 00°09'57" EAST, 123.11 FEET; THENCE SOUTH 26°53'37" EAST, 119.99 FEET; THENCE SOUTH 34°46'51" WEST, 23.60 FEET; THENCE NORTH 61°27'21" WEST, 142.77 FEET; THENCE NORTH 22°47'32" WEST, 47.01 FEET; THENCE SOUTH 67°12'28" WEST, 16.03 FEET; THENCE SOUTH 22°47'32" EAST, 22.23 FEET; THENCE SOUTH 58°37'31" WEST, 97.99 FEET; THENCE SOUTH 41°35'28" WEST, 110.44 FEET; THENCE NORTH 74°44'52" WEST, 164.81 FEET; THENCE NORTH 05°57'51" WEST, 202.95 FEET; THENCE NORTH 30°14'20" WEST, 64.23 FEET; THENCE NORTH 64°31'22" WEST, 293.59 FEET TO THE EASTERLY LINE OF THE 100.00 FOOT WIDE CARLSBAD BOULEVARD; THENCE ALONG SAID EASTERLY LINE OF CARLSBAD BOULEVARD CLTA Preliminary Report Form -Modified (11/17/06) Page4 PRELIMINARY REPORT Your Reference: Cabrillo Power 1 EXHIBIT A (Continued) Fidelity National Title Company Order No.: 997-30056240-A-ML6 SOUTH 24°07'36" EAST, 913.18 FEET TO TRUE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 4050.00 FEET; THENCE SOUTHEASTERLY 348.89 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°56'09"; THENCE SOUTH 19° 11 '27" EAST, 15.63 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 5216.55 FEET; THENCE SOUTHEASTERLY 900.29 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°53'18"; THENCE LEAVING SAID EASTERLY LINE OF CARLSBAD BOULEVARD NORTH 60°43'42" EAST, 103.71 FEET; THENCE NORTH 71°53'50" EAST, 49.05 FEET; THENCE NORTH 88°29'46" EAST, 149.63 FEET; THENCE NORTH 77°06'32" EAST, 80.00 FEET; THENCE NORTH 68°28'15" EAST, 121.97 FEET; THENCE NORTH 63°21'24" EAST, 220.51 FEET; THENCE NORTH 67°56'35" EAST, 167.57 FEET; THENCE NORTH 76°27'03" EAST, 60.33 FEET; THENCE SOUTH 77°37'06" EAST, 172.85 FEET; THENCE SOUTH 60°55'24" EAST, 66.30 FEET; THENCE SOUTH 45°30'57" EAST, 47.42 FEET; THENCE SOUTH 82°40'44" EAST, 84.31 FEET; THENCE SOUTH 44°29'52" EAST, 52.55 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE OF SAID ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID WESTERLY LINE NORTH 22°30'13"WEST, 2664.53 FEET; THENCE NORTH 28°40'19" WEST, 835.14 FEET TO THE TRUE POINT OF BEGINNING. APN(s):210-010-47 & 210-010-48 CLTA Preliminary Report Form -Modified (11/17/06) Page 5 C 0 PRELIMINARY REPORT Your Reference: Cabrillo Power 1 EXCEPTIONS Fidelity National Title Company Order No.: 997-30056240-A-ML6 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2021-2022. B. 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: Code Area: 210-010-47-00 2020-2021 No Taxes Due No Taxes Due 09170 C. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1 st Installment: Penalty: 2nd Installment: Penalty and Cost: Exemption: Code Area: 21 0-01 0-48-00 2020-2021 $2,336,635.09, Unpaid (Delinquent after December 10) $233,663.50 $2,336,635.09, Unpaid (Delinquent after April 10) $233,673.50 $0.00 09170 D. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Granted To:. Purpose:. Recorded:. Affects:. State of California A state highway May 2, 1914 in Book 288, Page 258 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Granted To:. Purpose:. Recorded:. Affects:. State of California State highway 80 feet in width August 4, 1926 in Book 1210, Page 463, of Deeds and in Book 1226, Page 355 of Deeds The route thereof affects a portion of said land and is more fully described in said document. Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof CLTA Preliminary Report Form -Modified (11/17/06) Page6 r PRELIMINARY REPORT Your Reference: Cabrillo Power 1 EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 997-30056240-A-ML6 4. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Granted To:. Purpose:. Recorded:. Affects:. Southern Counties Gas Company gas pipe line not to exceed 12 1/2 inches in diameter July 26, 1932 in Book 147, Page 152, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Granted To:. Purpose:. Recorded:. Affects:. Southern California Telephone Company A right of way August 2, 1941 in Book 1200, Page 421, of Official Records The exact location and extent of said easement is not disclosed of record. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose:. Recorded:. Affects:. W. D. Cannon, an unmarried man, et al road and pipeline October 8, 1948 in Book 297 4, Page 493, of Official Records The route thereof affects a portion of said land and is more fully described in said document. Said easement has been conveyed and/or reserved in various other instruments of record. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Granted to: Purpose:. Recorded:. Affects:. W. D. Cannon, an unmarried man easement for pedestrian access, recreational purposes, including right to use the lagoon for recreational and fishing purposes October 8, 1948 in Book 2974, Page 496, of Official Records The exact location and extent of said easement is not disclosed of record. Reserving from said grant an easement and right of way for ingress and egress for road and public utility purposes and the right to inundate a portion thereof as described in said document. 8. The right to inundate that portion of said land adjoining the swamp and overflow land known as the Lagoon Bed, up to an elevation of 10 feet above the mean high tide line of the Pacific Ocean, as reserved by Grace Kathryn Burden in deed dated September 30, 1948 and recorded October 8, 1948 and as reserved by Grover C. Jacobsen, Grace Oakes Jacobsen and Gail Francis Latham, in deed dated September 30, 1948 and recorded October 8, 1948 in Book 2974, Page 496 and in Book 2975, Page 1, respectively of Official Records. Reserving from said grant easement and right of way for ingress and egress for road and public utility purposes and the right to inundate a portion thereof as described in said document. 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: San Diego Gas and Electric Company public utilities, ingress, egress October 20, 1949 in Book 3358, Page 85, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said CL TA Preliminary Report Form -Modified (11/17/06) Page? C PRELIMINARY REPORT Your Reference: Cabrillo Power 1 document. EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 997-30056240-A-ML6 10. The fact that 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 the document, Recorded:. Affects: May 2, 1952 in Book 4456, Page 192, of Official Records and by deed recorded May 18, 1953 in Book 4858, Page 320, of Official Records, by deed recorded March 20, 1969 as File No. 48604, of Official Records Said land adjacent. 11. The effect of any failure to comply with the terms, covenants and provisions of a lease to which reference is hereby made for full particulars. Described as Lease P.R. C. 791.1 dated April 21, 1953, from the State of California, acting through the State Lands Commission, as Lessor, to San Diego Gas and Electric Company, as Lessee, as amended by the amendments of Lease P. R. C. 791.1 dated March 24, 1972, June 28, 1973, September 13, 1978, July 1, 1980 and March 24, 1981, between the State of California, acting through the State Lands Commission and San Diego Gas and Electric Company, whereunder the State of California Leased to San Diego Gas and Electric Company an area of tide and submerged land near the City of Carlsbad in San Diego County for the installation, maintenance and use of a submarine pipeline transporting fuel oil and for a offshore marine terminal with fuel loading and unloading facilities for oil tankers. The effect of the failure by San Diego Gas and Electric Company to obtain the consent of the State Lands Commission. Various disclosures in that certain Lease Assignment and Assumption Agreement (Encina Power Plant) (Unrecorded Leases) recorded May 21, 1999 as File No. 1999-0347264, of Official Records. 12. The fact that the ownership of the land herein described does not include the right of ingress to or egress from that certain parcel of land granted to the State of California by deed from San Diego Gas and Electric Company, a corporation dated December 29, 1952 recorded May 18, 1953 in Book 4858, Page 320, of Official Records, said rights having been relinquished by said deed, excepting and reserving to the owners of the abutting lands and successors or assigns, the right to pass to and from the said lands upon surface of the waters of Aqua Hendionda Slough, under and beneath the freeway bridge located at approximately engineer's station 386 plus 45 and crossing said Slough. 13. A revocable licensed dated April 2, 1963 executed by and between San Diego Gas and Electric Company, a California corporation and Pirates Cove Inc., a California corporation to use and maintain a channel and a rock breakwater together with the right to dredge and re-dredge the channel, subject to the terms and conditions therein, recorded April 18, 1963 as File No. 66929, of Official Records. Reference is hereby made to said document for full particulars. Revocable License between SDG&E and Pirate's Cove, Inc., dated April 2, 1963 for channel dredging and construction of breakwater in connection with the Shelter Cove marina development, disclosed by Assignment and Assumption Agreement, recorded November 25, 2003 as File No. 2003-1411265, of Official Records. 14. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Granted To:. Purpose:. Recorded:. The Vista Sanitation District and the City of Carlsbad sewer pumping station, sewer pipeline, manholes and road purposes June 24, 1964 as File No. 113886, of Official Records CLTA Preliminary Report Form -Modified (11/17/06) Page8 PRELIMINARY REPORT Your Reference: Cabrillo Power 1 Affects:. EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 997-30056240-A-MLS The route thereof affects a portion of said land and is more fully described in said document. A portion of said easement was eliminated by EasemenUQuitclaim Deed recorded July 16, 2014 as Instrument No. 2014-0296137 of Official Records 15. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Granted To:. Purpose:. Recorded:. Affects:. Janss Corporation, a Delaware corporation A breakwater structure, a channel, trench ditch or other depression in the surface of the earth and an easement for ingress and egress over the waters of the upper lagoon June 8, 1965 as File No. 102193, of Official Records The exact location and extent of said easement is not disclosed of record. 16. The effect of any failure to comply with the terms, covenants and provisions of the agreements listed herein below: The fact that ingress and egress between parcels described herein is not unlimited, but rather, due to the bisecting of parcels by railroad tracks, certain areas are limited to ingress and egress as set forth in the following: a) That certain "Agreement for Private or Farm Crossing" dated February 24, 1971 by and between the Atchison, Topeka and Santa Fe Railway Company, a Delaware corporation, and San Diego Gas and Electric Company, a California corporation. b) That certain "Pipeline License" dated March 1, 1971 by and between the Atchison, Topeka and Santa Fe Railway Company, a Delaware corporation, and San Diego Gas and Electric Company, a California corporation, which license grants the right to construct and maintain a tunnel, pipe and pedestrian walkway and various sizes of pipe carrier pipe; c) That certain agreement dated October 30, 1953 by and between the Atchison, Topeka and Santa Fe Railway Company, a Delaware corporation and San Diego Gas and Electric Company, a California corporation, and supplement thereto dated January 1, 1972 wherein the Santa Fe agreed to construct, operate and maintain a track aggregating 1814.3 feet to serve an electric generating plant. Reference is hereby made to said document for full particulars. 17. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Granted To:. Purpose:. Recorded:. Affects:. 18. Intentionally deleted The State of California public recreational use November 16, 1976 as File No. 76-383604, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 19. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. The City of Carlsbad, a municipal corporation storm drainage purposes Cl TA Preliminary Report Form -Modified (11/17/06) Page 9 PRELIMINARY REPORT Your Reference: Cabrillo Power 1 Recorded:. Affects:. C EXCEPTIONS (Continued) 0 Fidelity National Title Company Order No.: 997-30056240-A-ML6 February 25, 1986 as File No. 86-072936, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 20. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Granted To:. Purpose:. Recorded:. Affects:. The City of Carlsbad, a municipal corporation slope and retaining wall purposes May 13, 1988 as File No. 88-226631, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 21. Covenants, conditions and restrictions in an instrument recorded October 21, 1992 as File No. 1992- 0670805, of Official Records. 22. Covenants, conditions and restrictions in an instrument recorded July 1, 1994 as File No. 1994-0418865, of Official Records. 23. An instrument entitled "Offer to Dedicate Public Access Easement and Declaration of Restrictions" recorded July 1, 1994 as File No. 1994-0418867, of Official Records. Note: Certificate of Acceptance recorded May 3, 2007 as File No. 2007-0303186 of Official Records. 24. An instrument entitled "Notice of Restriction on Real Property" recorded October 9, 1995 as File No. 1995-0453332, of Official Records. 25. An unrecorded lease with certain terms, covenants and provisions set forth therein Lessor:. Lessee:. Disclosed by:. Dated:. San Diego Gas and Electric Company City of Carlsbad Unrecorded Agreement for Recreation, Sporting, Fishing and other purposes March 4, 1957 Said Lease was amended by Agreement dated April 1, 1962 and by a second amendment Agreement dated November 22, 1995. A sublease disclosed by unrecorded Agreement dated July 1, 1980 by and between the City of Carlsbad and Snug Harbor Marina, as disclosed by Memorandum of Partial Assignment Agreement recorded November 25, 2003 as File No. 2003-1411266, of Official Records. The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 26. An unrecorded lease with certain terms, covenants and provisions set forth therein Lessor:. Lessee:. Disclosed by:. Dated:. San Diego Gas and Electric Company The Pacific Telephone and Telegraph Company Unrecorded License Agreement for the right to construct, maintain, use, operate, repair, replace or remove a line of poles, together with the right of ingress and egress August 5, 1957 CLTA Preliminary Report Form -Modified (11/17/06) Page 10 PRELIMINARY REPORT Your Reference: Cabrillo Power 1 Fidelity National Title Company Order No.: 997-30056240-A-ML6 EXCEPTIONS (Continued) The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 27. Matters contained in that certain document An Agreement to which reference is hereby made for full particulars Dated:. September 17, 1968 Allan 0. Kelly and San Diego Gas and Electric Company By and Between:. Regarding:. Acquisition of easement and other matters as described in said agreement, including the right to dredge, redredge and remove spoil Reference is hereby made to said document for full particulars. 28. An unrecorded License with certain terms, covenants and provisions set forth therein San Diego Gas and Electric Company SFW Inc., a California corporation Licensor:. Licensee:. Disclosed by:. Dated:. Unrecorded License Agreement for the temporary storage of oysters, clams, scallops, and mussels, spiny lobsters, and green abalone and the mooring and/or anchorage of the vessels used in the business together with the right to access January 1, 1991 and amended October, 1992 and amended October 13, 1992 Reference is hereby made to said document for full particulars. 29. An unrecorded License with certain terms, covenants and provisions set forth therein Licensor:. Licensee:. Disclosed by:. Dated:. San Diego Gas and Electric Company Hubbs-Seas World Research Institute Unrecorded License Agreement for a research site April 9, 1993 Reference is hereby made to said document for full particulars 30. An unrecorded License with certain terms, covenants and provisions set forth therein San Diego Gas and Electric Company Fleet Call West, Inc. Licensor:. Licensee:. Disclosed by:. Unrecorded License Agreement for any activity in connection with the provision of telecommunications service Dated:. September 22, 1995 Reference is hereby made to said document for full particulars. 31. An unrecorded License with certain terms, covenants and provisions set forth therein Licensor:. Licensee:. Disclosed by:. Dated:. San Diego Gas and Electric Company The County of San Diego Unrecorded License Agreement August 20, 1996 Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form-Modified (11/17/06) Page 11 C PRELIMINARY REPORT Your Reference: Cabrillo Power 1 EXCEPTIONS (Continued) 0 Fidelity National Title Company Order No.: 997-30056240-A-ML6 32. The effect of the failure to comply with the terms, covenants and conditions or provisions set forth in the unrecorded lease by and between Lessor:. Lessee:. Disclosed by:. Dated:. State of California San Diego Gas and Electric Company State Land Lease for cooling water discharge channel July 8, 1989 33. The effect of the failure to comply with the terms, covenants and conditions or provisions set forth in the unrecorded lease by and between Lessor:. Lessee:. Disclosed by:. Dated:. State of California San Diego Gas and Electric Company State Land for deposition of dredge spoils July 1, 1994 34. The effect of the failure to comply with the terms, covenants and conditions or provisions set forth in the unrecorded lease by and between Lessor:. Lessee:. Disclosed by:. Dated:. State of California San Diego Gas and Electric Company Lease No. 871.1 Public Resources Code Series January 8, 1954 35. The effect of the failure to comply with the terms, covenants and provisions of the license Licensor:. Licensee:. Disclosed by:. Dated:. The Atchison, Topeka and Santa Fe Railway Company, a Delaware corporation, as to the 1977 Agreement and North San Diego County Transit Development Board, as to the 1999 Agreement San Diego Gas and Electric Company License NO. 1050/AG-16605 dated as of July 12, 1977 and amended by an unrecorded "Railroad Right of Way License· March 31, 1999 36. The effect of any failure to comply with the terms, covenants, and provisions of an unrecorded Agreement to which reference is hereby made for full particulars Dated:. By and Between: Disclosed by:. Regarding:. March 31, 1999 North San Diego County Transit Development Board and San Diego Gas and Electric Company Combined license, cost and maintenance agreement for the Encinas Power Plant Private Railroad Crossing Rail Reference is hereby made to said document for full particulars. 37. A document entitled "Assignment of Easements·, dated, May 20, 1999, executed by San Diego Gas and Electric Company, et al, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as File No. 1999-0347263, of Official Records. CLTA Preliminary Report Form -Modified (11/17/06) Page 12 PRELIMINARY REPORT Your Reference: Cabrillo Power 1 EXCEPTIONS (Continued) Reference is hereby made to said document for full particulars Fidelity National Title Company Order No.: 997-30056240-A-ML6 38. Various disclosures in that certain Lease Assignment and Assumption Agreement (Encina Power Plant) (Unrecorded Leases) recorded May 21, 1999 as File No. 1999-0347264, of Official Records. Reference is hereby made to said document for full particulars. 39. A document entitled "Assignment and Assumption Agreement (Lease Documents) (Unrecorded Lease Documents)", dated, May 20, 1999, executed by San Diego Gas and Electric Company and Cabrillo Power I LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as File No. 1999-0347265, of Official Records. Reference is hereby made to said document for full particulars. 40. A document entitled "Easement and Covenant Agreement", dated, May 20, 1999, executed by San Diego Gas and Electric Company, a California corporation and Cabrillo I LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as File No. 1999-0347267, of Official Records. A document entitled "Consent Agreement", executed by San Diego Gas and Electric Company, a California corporation, Cabrillo Power I LLC, a Delaware limited liability company and Carlsbad Energy Center LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded May 26, 2017 as Instrument No. 2017-0239348 Official Records. 41. A document entitled "Memorandum of Agreement (Encina Power Plant)", dated, May 20, 1999, executed by Cabrillo Power I LLC, a Delaware limited liability company and San Diego Gas and Electric Company, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as File No. 1999-0347268, of Official Records. 42. A document entitled "Memorandum of License Agreement", dated, May 20, 1999, executed by Cabrillo Power I LLC, a Delaware limited liability company and San Diego Gas and Electric Company, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as File No. 1999- 0347270, of Official Records. 43. A document entitled "Memorandum of License Agreement", dated, May 20, 1999, executed by San Diego Gas and Electric Company, a corporation and Cabrillo Power II, LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as File No. 1999-0347277, of Official Records. 44. A document entitled "Memorandum of Agreement", dated, May 20, 1999, executed by Cabrillo II LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as File No. 1999-0347278, of Official Records. 45. A Certificate of Compliance Dated:. Executed by:. Compliance No.: Recorded:. October 29, 2001 The City of Carlsbad ADJ 00-10, Parcel 4 October 30, 2001 as File No. 2001-0789068, of Official Records 46. Various matters disclosed on Record of Survey Map No. 17350, recorded April 12, 2002 as File No. 2002-0308152, of Official Records. CLTA Preliminary Report Form -Modified (11/17/06) Page 13 C PRELIMINARY REPORT Your Reference: Cabrillo Power 1 EXCEPTIONS (Continued) 0 Fidelity National Title Company Order No.: 997-30056240-A-MLG 47. An unrecorded Lease affecting the premises herein described, executed by and between the parties herein named, with certain terms, covenants, conditions and provisions set forth therein. Lessor:. Lessee:. Disclosed by:. Recorded:. Cabrillo Power I, LLC, a Delaware limited liability company Poseidon Resources (Channelside) LLC, a Delaware limited liability company Short Form of Ground Lease and Easement Agreement July 18, 2003 as File No. 2003-0855354, of Official Records The present ownership of the Leasehold created by said Lease and other matters affecting the interest of the Lessee are not shown herein. Short Form of Amended and Restated Ground Lease and Easement Agreement Recorded:. And Recorded: October 28, 2009 as File No. 2009-0597945 of Official Records April 15, 2010 as Instrument No. 185731 of Official Records Short Form of Second Amended and Restated Ground Lease and Easement Agreement Recorded:. December 24, 2012 as File No. 2012-0809223 of Official Records First Amendment to Short Form of Second Amended and Restated Ground Lease and Easement Agreement recorded March 8, 2018 as Instrument No. 2018-0090492 of Official Records. The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 48. A document entitled "Easement Agreement", dated, November 25, 2003, executed by San Diego Gas and Electric Company, a California corporation and Cabrillo Power I, LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded November 25, 2003 as File No. 2003-1411261, of Official Records. 49. A document entitled "Easement Agreement", dated, November 25, 2003, executed by San Diego Gas and Electric Company, a California corporation and Cabrillo Power I LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded November 25, 2003 as File No. 2003-1411267, of Official Records. 50. A document entitled "Open Space Deed Restriction", dated, June 20, 2005, executed by The California Coastal Commission, et al, subject to all the terms, provisions and conditions therein contained, recorded June 27, 2005 as File No. 2005-0538090, of Official Records. 51. A document entitled "Notice of Restriction on Real Property", executed by City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded December 20, 2006 as File No. 2006- 0902694 of Official Records. Affects: Parcel 210-010-43 SUP 06-10 Agua Hedionda Outer Lagoon Maintenance. 52. A document entitled "Notice of Restriction on Real Property", executed by City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded December 20, 2006 as File No. 2006- 0902695 of Official Records. Affects: Parcel 210-010-043 CUP 06-12 County of San Diego Sheriffs Department CL TA Preliminary Report Form -Modified ( 11 /17 /06) Page 14 r-· .... PRELIMINARY REPORT Your Reference: Cabrillo Power 1 Fidelity National Title Company Order No.: 997-30056240-A-ML6 Encina. EXCEPTIONS (Continued) 53. A document entitled "Notice of Restriction on Real Property", executed by City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded April 9, 2009 as File No. 2009-0180835 of Official Records. Affects: Parcel 210-010-43 SA 09-01 Media Flo Satellite. 54. A document entitled "Deed and Lease Restriction", dated, August 25, 2009, executed by Poseidon Resources, LLC, subject to all the terms, provisions and conditions therein contained, recorded October 28, 2009 as File No. 2009-0597946 of Official Records. Said matters affects that portion of the land described on Exhibit B to said Instrument. 55. A document entitled "Amended and Restated Development Agreement", executed by City of Carlsbad and Poseidon, subject to all the terms, provisions and conditions therein contained, recorded October 30, 2009 as File No. 2009-0605539 of Official Records. Said matters affects that portion of the land described on Exhibit A to said Instrument. 56. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: Recording Date: Record of Survey No. 20809 September 22, 2010 57. A document subject to all the terms, provisions and conditions therein contained. Entitled: Notice of Restriction on Real Property Recorded: October 18, 2012 as File No. 2012-0640581, Official Records Reference is hereby made to said document for full particulars. 58. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property October 2, 2013 2013-0598452 of Official Records Reference is hereby made to said document for full particulars. 59. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property October 17, 2013 2013-0623951 of Official Records Reference is hereby made to said document for full particulars. 60. Matters contained in that certain document Entitled: Recording Date: Drainage Easement December 31, 2013 CL TA Preliminary Report Form -Modified (11/17/06) Page 15 PRELIMINARY REPORT Your Reference: Cabrillo Power 1 Recording No: C EXCEPTIONS (Continued) 2013-0746436 of Official Records Reference is hereby made to said document for full particulars. 61. Matters contained in that certain document 0 Fidelity National Title Company Order No.: 997-30056240-A-MLS Entitled: Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date: December 31, 2013 Recording No: 2013-0746437 of Official Records Reference is hereby made to said document for full particulars. 62. Matters contained in that certain document Entitled: Recording Date: Recording No: Memorandum of Easement Agreement April 28, 2014 2014-0167957 of Official Records 63. Matters contained in that certain document Entitled: Recording Date: Recording No: Sewer Easement Agreement July 22 2014 2014-0306554 of Official Records Reference is hereby made to said document for full particulars. 64. 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 and Electric Company public utilities, ingress, egress April 10, 2015 2015-0170536 of Official Records as described therein 65. An irrevocable offer to dedicate an easement over a portion of said Land for Purpose(s): Recording Date: Recording No: Affects: coastal rail trail August 23, 2016 2016-0433031 of Official Records as described therein 66. 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 and Electric Company, a corporation Pipelines and appurtenances for any and all purposes and communications facilities and appurtenances May 1, 2017 2017-0193757 of Official Records Parcel 4 as described therein. First Amendment to Grant of Easement recorded November 17, 2017 as Instrument No. 2017-0537945 of Official Records. Cl TA Preliminary Report Form -Modified (11/17/06) Page 16 PRELIMINARY REPORT Your Reference: Cabrillo Power 1 EXCEPTIONS (Continued) Fidelity National Tille Company Order No.: 997-30056240-A-ML6 67. 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 and Electric Company, a California corporation The transportation and distribution of natural gas including energy and communications and for all other purposes connected therewith May 1, 2017 2017-0193758 of Official Records as described therein. 68. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Short Form of Ground Lease and Easement Agreement Cabrillo Power I LLC Carlsbad Energy Center LLC May 26, 2017 2017-0239349 Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 69. 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 and Electric Company, a corporation Underground facilities and appurtenances for the transmission and distribution of electricity and communications facilities and appurtenances June 9, 2017 2017-0260009 of Official Records as described therein. 70. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Carlsbad Municipal Water District Purpose: Recycled water pipeline and other buried appurtenances necessary to facilitate the operation and maintenance of said pipeline Recording Date: September 28, 2017 Recording No: 2017-0445712 of Official Records Affects: as described therein. 71. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Declaration of Environmental Restriction Regarding Use October 28, 2020 Cabrillo Power I LLC and the City of Carlsbad November 2, 2020 2020-0678029, Official Records Reference is hereby made to said document for full particulars. 72. Any adverse claim, as to the property described in Schedule A, based upon the assertion that: a) Some portion of said land has been created by artificial means, or had accreted to such portions so created. CL TA Preliminary Report Form -Modified (11/17/06) Page 17 C PRELIMINARY REPORT Your Reference: Cabrillo Power 1 EXCEPTIONS (Continued) 0 Fidelity National Title Company Order No.: 997-30056240-A-ML6 b) Some portion of said land has been brought within the boundaries thereof by a evulsive movement of the Pacific Ocean and/or Agua Hedionda Lagoon, or has been formed by accretion to any such portion. 73. Rights and easements for navigation and fishery which may exist over that portion of said land lying beneath the waters of the Pacific Ocean and/or Agua Hedionda Lagoon. 74. Any rights in favor of the public which may exist on said land for parking, beach, or recreational uses, and public protection, erosion control and the public rights of commerce navigation and fishery. 75. Any adverse claim based upon the assertion that some portion of said Land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created. 76. Matters which may be disclosed by an inspection and/or by a correct AL TA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 77. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 78. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. 79. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (11/17/06) Page 18 PRELIMINARY REPORT Your Reference: Cabrillo Power 1 REQUIREMENTS SECTION Fidelity National Title Company Order No.: 997-30056240-A-MLG 1. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 2. The Company will require, for review, an Owner's Affidavit/Declaration completed by the record owner of the land be submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. 3. The Company will require, for review, an ALTA/NSPS Survey, which complies with the minimum standards for land surveys made for title insurance purposes, be furnished to the Company. The Company reserves the right to add additional items as disclosed by the survey, or make further requirements after review of the requested documentation. 4. The transaction contemplated in connection with this Report is subject to the review and approval of the Company's Corporate Underwriting Department. The Company reserves the right to add additional items or make further requirements after such review. 5. The Company will require a satisfactory estoppel affidavit executed by the current holder of the lessor's interest in the lease which identifies and confirms the existence of the lease and all amendments thereto and which states that the lessee is not in default under any of the terms and conditions of said lease and that said lease is in full force and effect. 6. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: Cabrillo Power I LLC, a Delaware limited liability company a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. Cl TA Preliminary Report Form -Modified (11/17/06) Page 19 PRELIMINARY REPORT C Your Reference: Cabrillo Power 1 REQUIREMENTS (Continued) END OF REQUIREMENTS Cl TA Preliminary Report Form -Modified (11/17/06) 0 Fidelity National Title Company Order No.: 997-30056240-A-ML6 Page 20 INFORMATIONAL NOTES SECTION 1. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. 2. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 3. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 4. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (OTT) Affidavit may be required to be completed and submitted with each document when OTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. OTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. END OF INFORMATIONAL NOTES Mitch LaRiva/jsd CLTA Preliminary Report Form -Modified (11/17/06) Page 1 C 0 ::1w IRE SAFE. I Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Page 1 WIRE0016 (OSI Rev. 12/07/17) ~ FIDELITY NATIONAL TITLE GROUP ••• FNTG Western Region Energy Services Chicago ntle •Commonwealth• Fidelity National Title• Ticor Title Fidelity National Title Company 4210 Riverwalk Parkway, Suite 200 Riverside, CA 92505 Phone: (951) 710-5912 • Fax: Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company CTC -Chicago Title company CL TC -Commonwealth Land Title Company FNTC -Fidelity National Title Company of California FNTCCA -Fidelity National Title Company of California TICOR -Ticor Title Company of California L TC -Lawyer's Title Company SL TC -Servicelink Title Company Available Discounts DISASTER LOANS (CTIC, CL TIC, FNTIC) Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company FNTIC -Fidelity National Title Insurance Company FNTIC -Fidelity National Title Insurance Company CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company CTIC -Chicago Title Insurance Company The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of recad, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in sad area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts (Rev. 01-15-20) MISC0164 (OSI Rev. 03/12/20) Last Saved: January 21, 2021 by JSD Escrow No.: 30056240-997-MAT-MLS C 0 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective April 9, 2020 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. April 9, 2020) MISC0219 (DSI Rev. 04/10/20) Copyright© 2020. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 30056240-997-MAT-ML6 • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy. aspx) or call (888) 413-17 48. For Nevada Residents: You may be placed on our internal Do Not Call list by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. April 9, 2020) MISC0219 (OSI Rev. 04/10/20) Copyright© 2020. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 30056240-997-MAT-ML6 C 0 Your Consent To This Privacy Notice; Notice Changes; Use of Comments or Feedback By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. We may use comments or feedback that you submit to us in any manner without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: FNF Privacy Statement (Eff. April 9, 2020) MISC0219 (OSI Rev. 04/10/20) Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2020. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 30056240-997-MAT-ML6 ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) AL TA HOMEOWNER'$ POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable bullding codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One -CA (Rev. 05-06-16) Page 1 © Callfornla Land Tltle Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. C 0 c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Llablllty $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE {Except as provided in Schedule B -Part 11,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One -CA (Rev. 05-06-16) Page 2 © Callfornla Land Tltle Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. I""' "-- {PART I {The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records.} PARTII In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:} 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: {The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. } 7. {Variable exceptions such as taxes, easements, CC&R's, etc. shown here.} Attachment One -CA (Rev. 05-06-16) Page 3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. C 0 AL TA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY -ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One -CA (Rev. 05-06-16) Page 4 © Callfornla Land Tltle Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association.