Loading...
HomeMy WebLinkAboutSDP 2017-0003; CARLSBAD OAKS NORTH LOT 6; Site Development Plan (SDP)--------------It.._,-----------------,----------------, Ccicyof 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 D Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care (Large) D Minor D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation Q9 Site Development Plan D Special Use Permit D Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits -:,vY 2,o11.-ooo:; D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change □Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT'. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY "SAME DAY APPOINTMENTS ARE NOT AVAILABLE 209-120-05 WHIPTAIL LOOP (STREET ADDRESS) CARLSBAD OAKS NORTH LOT 6 122,434 SF OF MULTI-TENANT INDUSTRIAL BUILDINGS (6) $8.5 M ESTIMATED COMPLETION DATE 2nd QUARTER 2018 Development No. ~V '2,0 l1 -l)O t\} Lead Case No. P-1 Page 1 of 6 Revised 03/17 C OWNER NAME (PLEASE PRINT) INDIVIDUAL NAME CARLSBAD OAKS NORTH (if applicable): COMPANY NAME VENTURES, L.P. (if applicable): MAILING ADDRESS: 3575 KENYON ST. CITY, STATE, ZIP: SAN DIEGO, CA 92110 TELEPHONE: 619-223-1663 EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. ~ -e~ SIGNATURE :) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME TED TCHANG (if applicable): COMPANY NAME TECHBILT CO. (if applicable): MAILING ADDRESS: PO BOX 80036 CITY, STATE, ZIP: SAN DIEGO, CA 92138 TELEPHONE: 619-223-1663 EMAIL ADDRESS: ted@techbilt.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. APPLICANT'S REPRESENTATIVE (Print): LINDA RICHARDSON, HAMANN CONSTRUCTION MAILING ADDRESS: 1000 PIONEER WAY CITY, STATE, ZIP: EL CAJON, CA 92020 TELEPHONE: 619-440-7424 EMAIL ADDRESS: linda@hamannco.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE =IS ,RUE AND CORRECT TO THE BEST OF"" ~~ ~t,4/,1 SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. ~G~E ts FOR CITY USE ONLY P-1 Page 2 of6 RECEIVED MAY O 8 2017 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 Ccityof 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 t.oJs 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. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person TED TC HANG Corp/Part CARLSBAD OAKS NORTH VENTRUES. L.P. Title ___________ _ ?'"9 Address 5575 K.e.n~ ~. q 2-t-?i OWNER (Not the owner's agent) Title _____________ _ Address Po ~ fSzo?><,. S't> 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., ~C\..,O ~<Ne__ Person -----------Corp/Part. ___________ _ Title ___________ _ Title -------------- Address 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 ~ No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ... ~ '-l/-&J/,7 Signature of owner/date Signature of applicant/date ' Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 Ccicyof Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760} 602-4610 www.carlsbadca.gov PROJECT NAME: CARLSBAD OAKS NORTH LOT 6 APPLICANT NAME: Linda Richardson, Hamann Companies 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: The project proposes to construct a total of (6) tilt-up concrete industrial buildings totaling 122,434 sf of space on a vacant lot in the Carlsbad Oaks North Business Park. Building areas as follows: Bldg A Bldg B Bldg C Bldg D Bldg E Bldg F 16,399 + 5,044= 14,770 + 4,480= 19,355 + 4,832= 20,958 + 6,454= 21,443 sf 17,776 sf 12,366 sf 19,250 sf 24,187 sf 27,412 sf Associated parking, proposed at 358 spaces, will be provided along with associated drive aisles, curb cuts, concrete pavement landscape & irrigation. The buildings will be constructed as a 'speculative' shell project without any interior improvements: lighting, plumbing or mechanical. P-1(8) Page 1 of 1 Revised 07/10 C Ccicyof 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): Ii] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Linda Richardson, Hamann Co. Address: 1000 Pioneer Way El Cajon, CA 92020 Phone Number: 619-440-7424 PROPERTY OWNER N Carlsbad Oaks North Ventures, L.P. ame: __________ _ Address: 35 7 5 Kenyon St San Diego, CA 92110 Phone Number: 619-223-1663 Address of Site: ___ W_h_i_pt_a_i_l _L_o_o_p __________________ _ Local Agency (City and County):_C_i_ty_o_f _C_a_r_ls_b_a_d ______________ _ Assessor's book, page, and parcel number:_2_0_9_-1_2_0_-0_5 _____________ _ Specify list(s): EPA, envirostor.dtsc.ca.gov Regulatory Identification Number: ______________________ _ Date of List: 312211 7 Applicant Signature/Date 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 of2 Revised 02/13 C ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): _______________________ _ General Information 1. Name of project: CARLSBAD OAKS NORTH LOT 6 2. Name of developer or project sponsor: _T_E_C_H_B_I L_T_,_c_o __________ _ 3. 4. 5. Address: P.O. BOX 80036 City, State, Zip Code: SAN DIEGO, CA 92138 Phone Number: 619-440-7 424 Name of person to be contacted concerning this project: _L_I_N_D_A_R_IC_H_A_R_D_S_O_N __ _ Address: 1000 PIONEER WAY City, State, Zip Code: EL CAJON, CA 92020 Phone Number: 619-440-7 424 Address of Project: __ W_H_I P_T_A_I L_L_O_O_P _____________ _ Assessor's Parcel Number: 209-120-05 --------------------- 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: SITE DEV. PLAN; BUILDING & GRADING PERMITS 6. Existing General Plan Land Use Designation: Pl PLANNED INDUSTRIAL 1. Existing zoning district: P-M SPECIFIC PLAN 200{8} 8. Existing land use(s): _V_A_C_A_N_T __________________ _ 9. Proposed use of site (Project for which this form is filed): MU L Tl-TENANT INDUSTRIAL Project Description 10. Site size: _1_1_·_6_A_C ______________________ _ 11. 12: 13. 14. P-1(0) Proposed Building square footage: _1_2_2_,_4_3_4_S_F ____________ _ Number of floors of construction: _1_+_M_E_Z_Z ______________ _ Amount of off-street parking provided: _3_5_8_S_P _____________ _ Associated projects: _N_O_N_E ___________________ _ Page 2 of 4 Revised 07/10 15. 16. 17. 18. 19. P-1(0) C If residential, include the number of units and schedule of unit sizes: _________ _ If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ____________________ _ If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ MULTI-TENANT INDUSTRIAL; 300 (est); GRADE LEVEL LOADING If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ________ _ If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: Page 3 of 4 Revised 07/10 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 □ [Z] alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ [Z] roads. 22. Change in pattern, scale or character of general area of project. □ [Z] 23. Significant amounts of solid waste or litter. □ [Z] 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ [Z] 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ [Z] alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ [Z] 27. Site on filled land or on slope of 10 percent or more. □ [Z] 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ [Z] flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ [Z] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ [Z] 31. Relationship to a larger project or series of projects. □ [Z] 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: A/ {t4 {t \ Signature: For: P-1(D) Page 4 of 4 Revised 07/10 ( 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: Carlsbad Oaks North, Lot 6 PROJECT ID: ADDRESS: N.W. Comer ofWhiptail Loop and Faraday Ave. APN: 209-012-05 The project is (check one):~ew Development D Redevelopment The total proposed disturbed area is: 3502000 ft2 ( 8.03 ) acres The total proposed newly created and/or replaced impervious area is: 2351165 ft2 ( 5.39 ) 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): If you answered "no" to the above question, the project is a 'development project', go 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 guidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ ~ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ rA" 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)): 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 ublic development ro ·ects on ublic or rivate 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 develo ment projects on ublic or rivate 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 develo ment ro·ect includes develo ment on an natural slo e that is twent -five ercent or reater. 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 trans ortation of automobiles, trucks, motorc cles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the ro ·ect to the ESA i.e. not commin led with flows from ad·acent 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 er da . 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 YES NO □ □ □ □ □ □ □ 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 statin "M ro·ect is a 'STANDARD PROJECT' ... " and com lete a licant 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 applicant information. STEP5 CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION 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. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36' and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D 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: L ,~i/A. µ_c_~~ Applicant Title: f\(£IJT Fz>(L tol\f Applicant Signature: ~ Date: ~!~&, Ir 7 Environmentally Sens1t1ve Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. Th . B ~ C't U O I IS ox or l'V se nrv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 04/17 . " Cl TA Preliminary Report Form (Rev. 11/06) -~ First America.a Iltle '¥' File No.: NHSC-2952218 (06) Order Number: NHSC-2952218 (06) Page Number: 1 This report has been amended/updated to reflect the following matters: [ ] No changes made to the report other than the Effective Date [ X ] Property address has been revised [ ] Vesting has been revised [ ] Legal Description has been revised [ X ] Taxes have been updated [ X] Original item number(s) 1, 3, 6, 23 and 24 have been removed [ X] New item number(s) 3a have been added [ ] Original item number(s) have been revised [ X ] Other: Informational notes new item no's 1 through 3 has been added. First American Tltle '~ • ~, A Ill I ~ I r:,_, + ~ Ted Tchang Techbilt Companies PO Box 80036 First American Title Order Number: NHSC-2952218 (06) Page Number: 2 Updated 11/25/2016 First American Title Company 1250 Corona Pointe Court, Suite 200 Corona, CA 92879 San Diego, CA 92138-0036 Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: NHSC-2952218 (06) Dianne Livingston (858)410-1303 (714)913-6750 dslivingston@firstam.com carlsbad Oaks North Ventures LP., Vacant Land Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this 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 below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations 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 Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A 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. 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. Arst American 77tle C Dated as of November 17, 2016 at 7:30 A.M. Order Number: NHSC-2952218 (06) Page Number: 3 The form of Policy of title insurance contemplated by this report is: TO BE DETERMINED A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: CARLSBAD OAKS NORTH VENTURES LP., A CALIFORNIA LIMITED PARTNERSHIP Toe estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Intentionally Deleted 2. General and special taxes and assessments for the fiscal year 2016-2017. First Installment: $36,810.55, OPEN Penalty: $0.00 Second Installment: $36,810.55, OPEN Penalty: $0.00 Tax Rate Area: 09013 A. P. No.: 209-120-05-00 3. Intentionally Deleted 3a. Assessment liens, if applicable, collected with the general and special taxes, including but not limited to those disclosed by the reflection of the following on the tax roll: Community Facilities District Carlsbad CFD #3 IMP 2. 4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. 5. The effect of a map purporting to show the land and other property, filed as Map No. 13868 of Record of Surveys. Arst American Tltle C 6. Intentionally Deleted 0 Order Number: NHSC-2952218 (06) Page Number: 4 7. The fact that said land lies within the Boundary Map Annexation #95/96-1 Community Facilities District #1 City of carlsbad, as disclosed by instrument recorded January 16, 1996 as Instrument No. 1996-0020168 of Official Records. An Amendment to the Notice of Special Tax Lien recorded June 29, 2004 as Instrument No. 04- 0606773 of Official Records. 8. An offer of dedication for slopes and temporary construction and incidental purposes, recorded February 11, 2004 as Instrument No. 04-0109582 of Official Records. To: The City of carlsbad, Municipal Corporation Said document further recites: The Grantor, for himself, his successors and assigns, hereby waives any claims for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said street and utilities. · 9. The terms and provisions contained in the document entitled Notice of Restriction on Real Property recorded November 9, 2004 as Instrument No. 04-1066056 of Official Records. 10. The terms and provisions contained in the document entitled Notice and Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation Corridors case No: CT 97-13 recorded November 9, 2004 as Instrument No. 04-1066058 of Official Records. 11. Abutter's rights of ingress and egress to or from Faraday Avenue have been dedicated or relinquished on the filed Map. 12. Abutter's rights of ingress and egress to or from caribou Court have been dedicated or relinquished on the filed Map. 13. Abutter's rights of ingress and egress to or from Whiptail Loop have been dedicated or relinquished on the filed Map. 14. A Recital as shown on Map No. 14926 as follows: 1. No structure, fence, wall, tree, shrub, sign or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City standard public street-design criteria, Section 8.B.3. The underlying property owner shall maintain this condition. 2. Geotechnical caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of carlsbad from any action that may arise through any geotechnical failure, ground water separate or land subsidence and subsequent damage that may occur, or adjacent to, this subdivision due to its construction, operation or maintenance. Rrst American 77tle ----------------------------------------------- C Order Number: NHSC-2952218 (06) Page Number: 5 15. The terms and provisions contained in the document entitled Hold Harmless Agreement Drainage recorded December 15, 2004 as Instrument No. 04-1180067 of Official Records. 16. The terms and provisions contained in the document entitled Hold Harmless Agreement Geological Failure recorded December 15, 2004 as Instrument No. 04-1180068 of Official Records. 17. The terms and provisions contained in the document entitled Waiver and Consent to Creation of a Community Facilities District and Agreement to Pay Fair Share Cost of CT 97-13 recorded December 15, 2004 as Instrument No. 04-1180069 of Official Records. 18. An easement for water line and incidental purposes, recorded December 15, 2004 as Instrument No. 04-1180070 of Official Records. In Favor of: Affects: carlsbad Municipal Water District The land 19. The terms and provisions contained in the document entitled Encroachment Agreement recorded December 15, 2004 as Instrument No. 04-1180071 of Official Records. 20. The terms and provisions contained in the document entitled Encroachment Agreement recorded December 15, 2004 as Instrument No. 2004-1180072 of Official Records. 21. The terms and provisions contained in the document entitled Agreement between Developer/Owner and the City of carlsbad for the Payment of a Local Drainage Area Fee recorded December 21, 2004 as Instrument No. 04-1201221 of Official Records. 22. The terms and provisions contained in the document entitled 404 Permit 200200641-JMB recorded December 30, 2004 as Instrument No. 04-1229604 of Official Records. 23. Intentionally Deleted 24. Intentionally Deleted 25. The fact that said land lies within the Boundary Map Community Facilities District No. 3 City of carlsbad, as disclosed by document recorded October 14, 2005 as Instrument No. 2005-0891964 of Official Records. Document(s) declaring modifications thereof recorded October 18, 2005 as Instrument No. 2005- 0899437 of Official Records. 26. An easement for public utilities and incidental purposes, recorded October 20, 2006 as Instrument No. 2006-0746425 of Official Records. In Favor of: Affects: San Diego Gas & Electric Company, a Corporation The land 27. An easement for public utilities and incidental purposes, recorded November 9, 2006 as Instrument No. 2006-0800401 of Official Records. In Favor of: Affects: San Diego Gas & Electric Company, a Corporation The land Rrst American Title 0 0 Order Number: NHSC-2952218 (06) Page Number: 6 28. Covenants, conditions, restrictions and easements in the document recorded February 5, 2007 as Instrument No. 2007-0081082 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, marital status, ancestry, disability, handicap, familial status, national origin or source of income (as defined in California Government Code §12955(p)), to the extent such covenants, conditions or restrictions violate 42 U.S.C. § 3604(c) or California Code §12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded March 20, 2013 as Instrument No. 2013- 0175873 of Official Records. Prior to the issuance of any policy of title insurance, the Company will require: 29. With respect to Carlsbad Oaks North Ventures , a California limited partnership: a. That a certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) be recorded in the public records; b. A full copy of the partnership agreement and any amendments; c. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; d. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. Rrst American Title C Order Number: NHSC-2952218 (06) Page Number: 7 INFORMATIONAL NOTES Note: Toe policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. Toe property covered by this report is vacant land. 2. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 3. We find no open deeds of trust. Escrow please confirm before closing. Toe map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Ai-st American Title C Order Number: NHSC-2952218 (06) Page Number: 8 WIRE INSTRUCTIONS for First American Title Company, Sub-Escrow Deposits Riverside County, California First American Trust, FSB 5 First American Way Santa Ana, CA 92707 ABA 122241255 Credit to First American Title Company Special Trust Account Account No. 2000018012 Reference Title Order Number 2952218, and Title Officer Dianne Livingston Please wire the day before recording. Also, notify the Title Officer of your intent to wire. Rrst American Title Order Number: NHSC-2952218 (06) Page Number: 9 LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of California, described as follows: LOT 6 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE 1, IN THE CilY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14926, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 15, 2004. APN: 209-120-05-00 First American Title ,-... ID 0 ..__.. 00 T"'t N N Lr) °' N ~ Io z T"'t L. i..: Q) Q) .0 .0 E E ::::, ::::, zz ,.__ Q) Q) O'l "E &. 0 Qt:, "(I) Cl. .. II) 0 ~ ~-; ~~-"':, lit ~ .. ; ~ i,; I~ I ~ ~ ; .. ~ ! td .. ii : ti ~ i !i ~ I "' ~ ~ ~ ~ ~ :a "'~ "'!! ~I '< "' I !i g I I I! i li t 51 09 l'W'I ~ \';:: ~ m . ;,; i ,..~- ~7 99~AC ~~ OPEN SPACE CTR. I 9754 CARLSBAD TRACT NO. 97-13-03 CARLS8AO OAKS NORlH PHASE 3 POR B 6s) ~-)3" AC @ mm 'CJP g SHT 2 OPEN SPACE A N00"28'orw e.1 1 B N.53,J'JO•E 15.15 C N5e"49'30•w 85.115 0 R-264-26.89 £ N52"3J'2J•w t 48. 70 F' N48"06'30•t 21.89 C R•tOO 60 H N4J"05'sirE 78.45 J R•S6 177.34 ~ ~ SHT 2 S#IDIEGO~TYAS'!B'SOR"SMN' ~ 209-12 SHT 1 OF 2 1· -400' 8/26/2010 JOO -rr~~ , __ 19, _5§'.fHf.~~ I" NO ACC£SS 2• WHPTAIL LOOP J• CAAISOU CT 4• SEI: RECORD MN' 14926 FOR Aca:5S LOCATIONS MAP 15505-CARLSBAD TCT NO 97-13-02 CARLSBAD OAKS NORTH PHASE 2 ~~~ ~!~26 = ~~~L~lr;t~ i1:bi~2Dr::1 Joi1 LZJtR~SBAD OAKS NORTH PHASE 1_J ~ ~ ~ -~ ~ ~ ~ C Rrst American Title Order Number: NHSC-2952218 (06) Page Number: 11 0 NOTICE 0 Order Number: NHSC-2952218 (06) Page Number: 12 Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. Rrst American Title C EXHIBIT A Order Number: NHSC-2952218 (06) Page Number: 13 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE B EXCEPTIONS FROM COVERAGE 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: I . 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 notice 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, which are 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. 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: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 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. 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 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 or interest insured by their 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. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or Ai-st American Title 0 0 Order Number: NHSC-2952218 (06) Page Number: 14 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 estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Trt:le Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (induding but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed_ in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; ( d) attaching or created subsequent to Date of Policy ( except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: I. 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Un patented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Rrst American Title C Order Number: NHSC-2952218 (06) Page Number: 15 6. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE 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: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 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. 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 ( except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at 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. 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 statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. s. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY • 1992 Arst American Title 0 0 Order Number: NHSC-2952218 (06) Page Number: 16 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: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 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. 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) 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 estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY -1992 WITH REGIONAL EXCEPTIONS When the American Land Trt:le Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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: I . 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POUCY -1987 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 any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Trt:le Risks. 2. The right to take the land by condemning it, unless: Rrst American Title C Order Number: NHSC-2952218 (06) Page Number: 17 * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date -unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Trt:le Risks 4. Failure to pay value for your title. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning} and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. 2. 3. 4. 5. 6. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building c. land use e. land division b. zoning d. improvements on the land f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. Failure to pay value for Your Title. 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 18. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 14, 15, 16 and 18, 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 14: Covered Risk 15: Covered Risk 16: Your Deductible Amount 1% of Policy Amount or $5,000.00 (whichever is less) 1% of Policy Amount or $5,000.00 (whichever is less) 1% of Policy Amount or $5,000.00 (whichever is less) First American Title Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 C Covered Risk 18: 1 % of Policy Amount or $2,500.00 (whichever is less) Order Number: NHSC-2952218 (06) Page Number: 18 $5,000.00 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) 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 and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this 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 daims 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 (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which 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 the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with 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 i;lrises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26. 7. 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 limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, enrumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. 13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) WITH REGIONAL EXCEPTIONS When the American Land ntle Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Rrst American Title C Order Number: NHSC-2952218 (06) Page Number: 19 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -2006 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 l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(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 Trt:le 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 ll(b). 15. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 14 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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: Rrst American Title 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 Trt:le 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. 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY -2006 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 l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(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 Risks 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 Trt:le 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. 17. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY -2006 WITH REGIONAL EXCEPTIONS When the American Land Trt:le Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 16 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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. (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 Trt:le 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. Rrst American Title PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved - City of Carlsbad Climate Action Plan Consistency Checklist Project No./Name: CARLSBAD OAKS NORTH LOT 6 Property Address/APN: 209-120-05 Applicant Name/Co.: TED TCHANG / TECHBILT CO. Contact Phone: 619-223-1663 Was a consultant retained to complete this checklist? Consultant Name: Company Name: Project lnfonnatlon 1. What is the size of the project (acres)? 2. Identify all applicable proposed land uses: □ Residential (indicate# of one-and two-family units): □ Residential (indicate# of multi-family units): ~ Commercial (indicate total square footage): □ Hotel (indicate # of rooms): Dtlndustrial (indicate total square footage): □ Other (describe): Contact Email: □ Yes W No Contact Phone: Contact Email : 11. 6 122 ,434 SF ted@techbilt.com If Yes, complete t he following 3. Provide a brief description of the project proposed: The project proposes to construct a total of (6) tilt-up concrete industri al buildin gs tot aling 122 ,434 sf of space on a vacant industri al lot in the Carlsbad Oaks North Busin ess Park. Included wil l be s i te improvements to accommodate 358 parkin g spaces ana associatea arive aisles , curb cuts, concrete pavement, lanascape ana irrigation. The build ings will be constru cted as 'specul ative ' shell space without any interior improvements . Tenant u ses are anticipated to be 25% office u se, 25% wareh ouse use and 50% light manu facturing. P-30 Page 3 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist CAP CONSISTENCY CHECKLIST QUESTIONS STEP 1: LAND USE CONSISTENCY The first step in this section evaluates a project's GHG emissions consistent with guidance provided by the California Air Pollution Control Officers Association (CAPCOA). New non-exempt (i.e., subject to CEQA review) discretionary development projects that emit fewer than 900 metric tons of carbon dioxide equivalent (MTCO2e) would not contribute considerably to cumulative climate change impacts as stated in the CAP, and therefore, do not need to demonstrate consistency with the CAP. For projects that are subject to the CAP consistency evaluation, 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. Checklist Item (Check the appropriate box aid piwide explalalion aid supporting documentation for your aiswer) 1. The size and type of projects listed below would erm fewer than 900 MTCO:ie per year. Based on this threshold, does the proposed project equal or exceed these characteristics? • Single-F amly Housing: so dwelling units • MIAti-Famly Housing: 70 dv.elling units • Office: 35,000 square feet • Retai Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: For project types not listed in this section, induding changes in use of, or enlargement of an existing building that results in a net inaease in GHG emissions, the need for GHG analysis and mtigation wl be made on a project-specific basis, considering the 900 MTCO:ie scceening ttreshold. If "Yes", proceed to Question 2. Yes No □ If "No'~ in accordance 'Mth the City's CAf' screening aiteria, the project's GHG impact is less than significant and not subject to the measures of the CAf'. 2. Is the proposed project consistent 'Mth the existing General Plan land use and zoning designations? OR, If the proposed project is not consistent wth the existing land use plan and zoning designations, does the project include a land use plan and/or zoning designation amendment that woud result in an eql.ivalent or less GHG- intensive project v.tien COlll)ared to the existing designations? □ If "Yes", proceed to Step 2 of the Checklist. For the second option under question 2 above, provide estimated project emissions under both existing and proposed designation(s) for comparison. Emissions must be estimated in accordance 'Mth the City's Guidance to Demonstrating Consistency 'Mth the Climate Action Plan. If "No", the project's GHG impact is potentialy significant and must be analyzed in accordance 'Mth CEQA The project must prepare a GHG analysis in accordance wth the City of Carlsbad's Guidance to Demonstrating Consistency wth the Cimate Action Plan to demonstrate how tt wolAd offset the increase in emssions over the existing designations. The project must incorporate each of the measures identified in Step 2 to mtigate cumuative GHG emssions impacts unless the decision maker finds that a measure is infeasible in accordance 'Mth CEQA Gudelines Section 15091. Proceed and complete a project-specific GHG analysis and Step 2 of the Checklist. P-30 Page 4 of 13 Revised 02/17 ' ( City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP MEASURES CONSISTENCY The second step of the CAP consistency review is to review and evaluate a project's consistency with the applicable measures and actions of the CAP. Step 2 only applies to development projects that involve permits that may require a certificate of occupancy from the Building Official.1 All other development projects that would not require a certificate of occupancy from the Building Official shall implement all emissions-related mitigation measures from the General Plan Update El R. Checklist Item Yes No (Check the appropriate box cll<I proo.,;de explalation for your a1swer) Residential, Commercial and lndusbial Photovoltaic Systems 1. Residential Photovoltaic Systems Does the project indude photovoltaic systems wth a minimum awrage system □ □ size of 1.6 kilowatts2 for each residential unit? Check "NIA" only if the project does not contain any residential butdings. 2. Commercial and Industrial Photovoltaic Systems For rreN nonresidential projects wth more than 50 cars sl.rlace parked or on roofs of par1<ing structures, Y-A?Uld the project indude photovoltaic ~s ayer.al. least half of tbe s1[far.e/roof-parked cars to achiew a minimum system size equivalent to 2.5 kilowatts2 per covered par1<ing space (up to 45 percent of project's expected annual electricity use)? □ □ OR Would the project provide equivalent energy generation onsite through rooftop photovoltaic panels or other means? Check "NIA" only if the project does not contain any norH"esidential buildings or provides 50 or fewer par1<ing spaces. Efficient Ughtlng Standards 3. LED Lighting and Other Energy Efficient Lamps Would at least 75 percent of the lurnnaires provided by the project be □ □ comprised of LED or other sirnlar1y efficient lighting? Solar Water Heater/Heat Pump Installation 4. Solar Water Heating • Residential Units: Does the project include a solar water heating system capable of producing 2,300 kW:t/year or 112 therms/year of total energy reqlired for water heating? • Commercial Projects: Does the project indude a solar water heating Q □ □ system capable of producing at least 50 percent of total energy required for water heating? • Restaurants of 8,000 §9uare feet or greater wth a service water heater rated 75,000 BtuA1 or greater: Does the project indude instalation of a 1 Actions that are not subject to Step 2 would include, for example: 1) discretionary map actions that do not propose specific development; 2) permits allowing wireless communication facilities; 3) special events permits; 4) conditional use permits that do not result in the use intensification or expansion of an existing building; and 5) non-building infrastructure projects such as roads and pipelines. Because such actions would not result in new occupancy buildings from which GHG emissions reductions could be achieved, the items contained in Step 2 would not be applicable. 2 System size rated as Direct Current (DC) under Standard Test Conditions (STC). P-30 Page 5 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist Checklist Item (Check the appropriate box n:I provide explanation for your a,swer) solar water-heating system Yt1th a minimum solar saving fraction of 0.15 consistent v.ith non-residential voluntary standards of the California Green Building Standards Code?3 Exceptions to this measure indude: Buildings Yt1th a natural gas service water heater v.ith a rrinimum of 95 percent thermal efficiency. 2. Buildings v.tlere greater than 75 percent of the total roof area has annual solar access that is less than 70 percent. Solar access is the ratio of solar insolation induding shade to the solar insolation wthout shade. Shading from obstructions located on the roof or any other part of the bt.ilding shall not be induded in the determination of annual solar access. In lieu of solar water heaters, the project may propose to indude heat pu"l) water heaters to reduce the water heating load by 50 percent. Check "NIA" if the project does not contain any residential or non-residential buildings. Transportation Demand Management 5. Transportation Demand Management For non-residential projects wth more than 50 employees, v.ould the project indude a transportation demand management (TOM) plan re\18Wed and approved by the City of Cartsbad Transportation Division (see Attachment A, Transportation Demand Management Plan template)? Check "NIA" if the project is a residential project or if it muld not accommodate more than 50 employees. Increased Zero-Emissions Vehicle (ZEV) Travel 6. Zero-Emission Vehicle Infrastructure • One-and tv.o-family dwellings and tow,houses wth attached private ~ Would the reqLired parking serving each new dwelting be "EV Ready"4 to allow for the future instaHation of electric vehicle supply equipment to provide an electric vehicle charging station for use by the resident? • Multi-Family Projects offewerthan 17 dwelling units: Would a minimum of one parking space be "EV Ready" to aUow for the future instaHation of electric vehicle supply equipment to provide electric vehicle charging stations at such time as it is needed for use by residents? • Multi-Family Projects of 17 or more dwelling units: Would five percent of the total parking spaces required, or a minimum oftm spaces, ~ver is greater, be "EV Capable"5 to alow for the future installation of electric vehide sl.4)ply equipment to provide electric vehicle charging stations at such time as it is needed for use by residents? Of the total "EV Capable" spaces provided, v.ould 50 percent of them, or a minimum of one, Yes No NIA EXCEPTIO l PROPOSED □ □ □ □ □ 3 Btu/h=British thermal unit per hour; solar saving fraction defined as the amount of energy provided by solar technology divided by the total energy required. • "EV Ready' means a parking space that is pre-wired with a dedicated 208/240 branch circuit installed in conduit that originates at the electrical service panel or sub-panel and 40 ampere minimum overcurrent protection device, and terminates into a cabinet, box or enclosure, in a manner approved by the building official. • "EV Capable" means a parking space that has a cabinet, box or enclosure connected to a conduit linking the parking space to the electrical service panel in a manner approved by the building official. The electrical service panel shall provide sufficient capacity to simultaneously charge all electric vehicles with or without a load management system. P-30 Page 6 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist Checklist Item (Check the appropriate box clld pnNide explalalioo for your lllSWer) 'Mlichever is greater, have the necessary electric vehicle supply equipment to provide active charging stations ready for use by residents and guests? • Non-residential projects: Would six percent of the total parking spaces required, or a minimum of one space, v.nchever is greater, be "EV Capable" to allow for the future installation of electric vehide supply equipment to provide electric vehicle charging stations at such time as it is needed for use by Mure occupants? Of the total "EV Capable" spaces provided, m uld 50 percent of them, or a minimum of one, 'M'lichever is greater, have the necessary electric vehicle supply equipment to provide active charging stations ready for use by customers and employees? Water Utilities System lmprovemen1s 7. For one-and two-family residential projects, does the project indude: • Waste piping to permit the discharge of greywater to be used for outdoor irrigation in compliance ~ Section 1502 of the California Plumbing Code?6 Check "WA"ifthe project does not indude residential buildings. Yes No NIA X □ □ 6 Pursuant to Health and Safety Code Section 17922.12, greywater means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Greywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. P-30 Page 7 of 13 Revised 02/17 C 0 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 C:ityof Carlsbad Effective Date of Architect/Developer TDM Plan: _______ _ PHASE I: ARCHITECT/DEVELOPER SECTION I: GENERAL INFORMATION Developer: TECHBILT CO Architect/Developer: P:ZHTT r.!Tli'~'I.' 'R ~ Primary Contact: SAME Mailing Address: 1000 PIONEER WAY, Phone: 619-440-7424 I Email: paul@hamanncolcom SECTION II: PROJECT INFORMATION Project Address: WHIPTAIL LOOP EL CAJON, 2891,2889,2887,2897,2895,2893 SECTION III: CAP ALIGNMENT CA 92020 Climate Action Plan Measure K: Promote Transportation Demand Management SECTION IV: FACILITIES Describe how you have incorporated the following Facility Standards into the design of your project plans. Include the number of amenities within each category as well as a site map. Please list at least one item from each of the six categories. 1) Bike Parking Requirements 00 Secure Bicycle Parking 0 Bikes available for employees D End-of-trip facilities such as showers and changing rooms with lockers 18 SECURE BIKE LOCKERS WILL BE PROVIDED ON SITE FOR TENANT AND VISTOR USE Updated 10/6/2016 8 C Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 ~ityof Carlsbad 2) Pedestrian Facilities Q9 Pedestrian Access to the Public Sidewalk D Direct Routes from Public Sidewalk to Each Building in the Project DIRCECT PEDESTRIAN ACCESS PROVIDED TO THE MAIN ADJACENT STREET (PROJECT ENTRANCE) 3) Transit Facilities [!] Convenient Access to Transit PUBLIC TRANSPORATION AVAILABLE AT WHIPTAIL LOOP AND FARADAY AVE. 4) Vehicle Facilities Q9 Preferential Parking for Carpools and Vanpools D Convenient Drop-off for Carpools and Van pools Onsite A TOTAL OF 29 PARKING SPACES WILL BE DESIGNATED FOR CLEAN AIR/ VANPOOL / EV USE 5) Facilities: On-Site Amenities 0 Cafe or Full Service Cafe D Kitchen capable of providing catering [x] Conference Center/Meeting Rooms D Conference Communication Equipment D Wellness Center/Gym D Athletic Facilities D Delivery Services/Employee Service Venue; dry cleaning and/or other convenient services MEETING ROOMS WILL BE ACCOMMODATED AS TENANT IMPROVEMENTS ARE COMPLETED. Updated 10/6/2016 9 C Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TOM) Plan Commercial Buildings V 1.2 {city of Carlsbad 6) Additional (Optional) Programs and Services: D Mobility Hub Services (transportation options, shuttle, bus service, etc.) IB:l EV Infrastructure D Parking Management Plan 22 EV CHARGING STATIONS ARE TO BE EQUITABLY DISTRIBUTED THROUGHOUT THE PROJECT SECTION V: AUTHORIZATION Name and Si nature of Ci of Carlsbad Re resentative: Printed Name Signature Date Updated 10/6/2016 10 C 0 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 ~ityof Carlsbad Effective Date of TDM Plan: _______ _ PHASE II: COMP ANY TDM PROGRAM SECTION I: GENERAL INFORMATION Company: Property Manager/ TECHBILT C°"STRUCTION CORP. Human Resources Manager: Primary Contact: Mailing Address: P.O. BOX 80063 SAN DIEGO, CA 92038 Phone: 619-223-1663 Email: ted@techbilt.com SECTION II: PROJECT INFORMATION Project Address: WHIPTAIL LOOP 2891,2889,2887,2897,2895,2893 SECTION III: CAP ALIGNMENT Climate Action Plan Measure K: Promote Transportation Demand Management SECTION IV: PROGRAMS The following Programs 1-7 must be implemented within one year of project completion. Please list at least one item from each of the six categories. Updated 10/6/2016 11 y ' C 0 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 ~ityof Carlsbad 1) Completion of Annual Survey: Qg Agree to conduct a TDM survey or an iCommute survey annually. 2) Designated On-site Transportation Coordinator: [i] Agree to designate an on-site transportation coordinator to be the point of contact with the City, regarding transportation demand management facilities and programs. This person shall serve as the on-site coordinator. 3) Information Board or Kiosk: [i] Information Board or Kiosk in Prominent Location for Residents, with resources on all modes of transportation. 4) On-Site Transit Pass Sales or Pre-Tax Transit Pass Program: D On-Site Transit Pass Sales D Pre-Tax Transit Pass Program (if applicable) or similar program [i] Information about transit services to your location 5) Participation in Guaranteed Ride Home or similar program Ga Agree to participate in a Guaranteed Ride Home Program when a personal emergency situation arises for tenant who uses an alternative commute mode to get to work ( or from work to home). Updated 10/6/2016 12 .. ' ' , C Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 6) Rideshare Services D Rideshare matching services, subsidies or pre-tax donation D Vanpool Services 0 Car Sharing Services [x] Assistance in Finding Commute Alternatives 7) Additional (Optional) Programs and Services: D Telecommute Program 0 Flexible work hours or compressed work week D Parking Management Plan 0 Other On-Site Amenities SECTION V: AUTHORIZATION 0 {cityof Carlsbad Name and Signature of Designated Property Management or Human Resources Mana er Contact: Ted Tchang Printed Name Signature Name and Si nature of on-site trans ortation coordinator: referred Nancy Lane 11/1/2017 Printed Name Date Name and Si nature of Ci of Carlsbad Re resentative: Printed Name Signature Date Updated 10/6/2016 13