HomeMy WebLinkAboutSDP 2021-0007; DKN HOTEL; Site Development Plan (SDP)Ccityof
Carlsbad
PW
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
0 Coastal Development Permit
D Conditional Use Permit
Iii Minor
D Minor D Extension
□ Day Care (Large)
□ Environmental Impact Assessment
□ Habitat Management Permit 0 Minor
□ HIiiside Development Permit D Minor
□ Nonconforming Construction Permit
□ Planned Development Permit D Minor
D Residential D Non-Residential
□ Planning Commission Determination
□ Reasonable Accommodation
Ill Site Development Plan [R]Minor
□ Special Use Permit
D Tentative Parcel Map (Minor Subdivision)
□ Tentative Tract Map (Major Subdivision)
□ Variance D Minor
(FOR DEPT, USE ONLY) Legislative Permits
CDP 2021-oooq
SDP-2Pi\ • 0001
D General Plan Amendment
D Local Coastal Program Amendment
0 Master Plan
D Specific Plan
0 Zone Change
□Amendment
0 Amendment
0 Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor O Major
VIiiage Review Area Permits
0 Review Permit
0 Administrative O 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.
*SAME DAV APPOINTMENTS ARE NOT AVAILABLE
ASSESSOR PARCEL NO(S): 203-250-08 & 203-250-26
LOCATION OF PROJECT: 3136 Carlsbad Blvd.
(STREET ADDRESS)
NAME oF PROJECT: Springhill Suites Rooftop Restaurant and Bar
~=~jE~~~cRIPTION OF Proposed rooftop restaurant and bar (3,300 sf)
PROJECT VALUE
{SITE IMPROVEMENTS) $50,000
FOR CITY USE ONLY
Development No. 12 ~ v' 6 5 0 I ")
ESTIMATED COMPLETION DATE 12/1 /21
Lead Case No.
P,.n,. 1 nf n
$DP 2..02..l -6007
CD p 2021 -OOO'j
RPvle<Pti 101?0
OWNER NAME
INDIVIDUAL NAME
(If applicable):
COMPANY NAME
(If applicable):
(PLEASE PRINT)
SC HOTEL, LLC
MAILING ADDRESS: 42 Corporate Park #200
CITY, STATE, ZIP: Irvine, CA 92606
TELEPHONE: (714) 222-7705 -------------EMAIL ADDRESS: ashikad@dknhotels.com
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
PURPOJES OF THIS APPL! TION. /
l ~ t. 1-}5 ;i.1
SIGNA URE DATE I
APPLICANT NAME
INDIVIDUAL NAME
(if applicable):
COMPANY NAME
(if applicable):
(PLEASE PRIND
Ashika Dahya-Keshav
DKN Hotels
MAILING ADDRESS:42 Corporate Park #200
CITY, STATE, ZIP: Irvine, CA 92606
TELEPHONE: (714} 222-7705 ------------------EMAIL ADDRESS: ashikad@dknhotels.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.
SIGNAfUJe.
z.[q {2-1
DATE
APPLICANT'S REPRESENTATIVE (Prlnt): Paul J. Klukas; PLANNING SYSTEMS
MAILING ADDRESS: 1530 Faraday Ave., #100
CITY, STATE, ZIP: Carlsbad, CA 92008
TELEPHONE: {760} 931-0780 x104
EMAIL ADDRESS: pk1ukas@planningsystems.net
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 \IVITH
THE LfND AND BIND AN SUCCESSORS IN INTEREST. \L , e,._
FOR CITY USE ONLY
P-1 Page 2 of6
MARO 3 2021
CITY Or-\~;ARLSBAD
PLAl\11\lli\JG DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 10/20
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 .MY§! be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
P!~~,~ l!i gefined;as "Any individual, firm, co-partnership, joint venture,·assoclation, socl13I club, fraternal
:cii9§h!~tion, corporation, estate, trust; receiver, syndicate, in·this 1:1nd·~ny pther county, city and county,
'city municipality, district or other political subdivision or any other group or; combination acting as a unit."
Agents may.slgn,this document; how1:3v~r, tha,Jegal name andrentity ofahe applicant and property owner
must'~ proyidE!~ below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corooration or partnership,
include the names, titles, addresses of all individuals owning more than 1 0% 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 Shanta Patel Corp/Part S.C. Hotel, LLC
Title Owner Title ____________ _
Address 42 Corporate Park, Suite 200 Address 42 Corporate Park. Suite 200
Irvine CA 92606 Irvine CA 92606
2. OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (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 Shanta Patel corp/Part S.C. Hotel, LLC
Title Owner Title --------------
Address 42 Corporate Park, Suite 200 Address 42 Corporate Park, Suite 200
Irvine CA 92606 Irvine CA 92606
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 N/A Non Profit/Trust N/A ----------
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 Q] 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.
S L ti "' -.\.., ? " 1--e I Af 02/05/2021
Signature of owner/date Signature of applicant/date
Shanta Patel Ashika Dahya-Keshav
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Pn-vt..-r. µJ t<Jr< -PfA-NN '"', ,yrn,i,1s
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07/10
,._ ------------·-..
(city of
Carlsbad
PROJECT DESCRIPTION
P-1 (8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: DKN Hotel Restaurant and Bar
APPLICANT NAME: DKN Hotels
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 proposed project involves the installation of a restaurant and bar on the existing rooftop
viewing deck of a newly constructed and opened hotel. The restaurant and bar will be approximately
3,300 square feet in floor area. No additional construction on the hotel is proposed.
P-1(B) Page 1 of 1 Revised 07/10
( Cicyof
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
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 fil!! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: DKN Hotels
Address: 42 Corporate Park #200
Irvine, CA 92606
Phone Number: (714) 222-7705
Address of Site: 3136 Carlsbad Blvd.
PROPERTY OWNER
Na~e:SC Hotel, LLC
Address: 42 Corporate Park #200
Irvine, CA 92606
Phone Number:(714) 222-7705
Local Agency (City and County):_c_a_r_ls_b_a_d_, _s_a_n_D_ie_g_o _____________ _
Assessor's book, page, and parcel number: 203-250-08 & 203-250-26
Specify list(s):_N_I_A __________________________ _
Regulatory Identification Number: ______________________ _
Date of List: _____________________________ _
Applicant Signature/Date ProPdf Owner Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 02/13
Per the California Environmental Protection Agency's website, "While Government Code
Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list,"
many changes have occurred related to web-based information access since [the amended
statute's effective date in] 1992 and this information is now largely available on the Internet sites
of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred
directly to the appropriate information resources contained on the Internet web sites of the
boards or departments that are referenced in the statute."
Below is a list of agencies that maintain information regarding hazardous waste and substances
sites.
Department of Toxic Substances Control
www.calepa.ca.gov/sitecleanup/CorteseList/default.htm
www.calepa.ca.gov/database/calsites
www.envirostor.dtsc.ca.gov/public
EnviroStor Help Desk (916) 323-3400
State Water Resources Control Board
http://geotracker.waterboards.ca.gov/
County of San Diego
Department of Environmental Health Services
www.co.san-diego.ca.us/deh
Hazardous Materials Division
www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html
Mailing Address:
County of San Diego Department of Environmental Health
P:O. Box 129261
San Diego, CA 92112-9261
Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax)
Environmental Protection Agency
National Priorities Sites ("Superfund" or "CERCLIS")
www.epa.gov/superfund/sites/cursites
(800) 424-9346 or (702) 284-8214
National Priorities List Sites in the United States
www.epa.gov/superf und/sites/npl/n pl. htm
P-1(C) Page 2 of 2 Revised 02/13
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ___________ (To be completed by City)
Application Number(s): ________________________ _
General Information
1 _ Name of project: DKN Rooftop Restaurant and Bar
2. Name of developer or project sponsor: _D_K_N_H_o_te_l_s ____________ _
3.
Address: 42 Corporate Park #200
City, State, Zip Code: Irvine, CA 92606
Phone Number: (714) 222-7105
Paul Klukas Name of person to be contacted concerning this project: ___________ _
Address: 1530 Faraday Ave. #100
City, State, Zip Code: Carlsbad, CA 92008
Phone Number: (760) 931-0780
4_ Address of Project: 3136 Carlsbad Blvd.
5.
6.
7.
8.
9.
Assessor's Parcel Number: 203-250-26 ---------------------
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:
Minor coastal development permit
Existing General Plan Land Use Designation: _V_(V_ill_a_g_e_) __________ _
Existing zoning district: V-R (Village Review)
Existing land use(s): _H_o_t_e_l ____________________ _
Hotel with Restaurant Proposed use of site (Project for which this form is filed): ___________ _
Project Description
10. Sitesize: _0_.8_4_a_c_. ______________________ _
11.
12:
13.
14.
P-1(0)
Proposed Building square footage: _3_,3_0_0_s_f_r_e_s_ta_u_ra_n_t __________ _
Number of floors of construction: No new construction --------------------
Amount of off-street parking provided: _1_2_5_s_p_a_c_e_s ____________ _
A . t d . t DKN Hotel ssocIa e proJec s: ______________________ _
Page 2 of 4 Revised 07 /1 O
15. If residential, include the number of units and schedule of unit sizes:
16.
17.
18.
N/A
If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
Hotel
If industrial, indicate type, estimated employment per shift, and loading facilities:
N/A
If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
N/A
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: ____________________ _
N/A
P-1(0) 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 □ 0
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or □ 0
roaqs.
22. Change in pattern, scale or character of general area of project. □ 0
23. Significant amounts of solid waste or litter. □ 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. □ 0
27. Site on filled land or on slope of 10 percent or more. □ 0
28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0
31. Relationship to a larger project or series of projects. □ 0
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted. No impact to plants, animals, cultural, or scenic aspects.
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. No change to land use.
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: ___________ _ Signature: _______________ _
For:
P-1(0) Page 4 of 4 Revised 07/10
Ccicyof
Carlsbad
MINOR
COASTALDEVELOPMENTPERMITI
SINGLE FAMILY RESIDENCE
APPLICATION
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov P-6
A proposed project requiring application submittal must be submitted by appointment*.
Please contact the appointment specialist at (760) 602-2723 to schedule an appointment.
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared
at the same scale. (Use a scale no smaller than 1" = 40'.)
I. GENERAL BACKGROUND
A. Estimated Cost of Development:
Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit.
The City Planner shall make the final determination regarding a project's cost of development.
The primary basis for determining cost of development will be the application of dollar costs per
square foot for different types of residential construction. These costs are set by the
International Conference of Building Officials (ICBO) and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this project's cost of
development (Contractor proposals may also be submitted for consideration by the City
Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate.
⇒ New Residential Square Footage:
______ square feet x $ ____ /sq. ft. = $ _________ _
⇒ Residential Addition Square Footage:
______ square feet x $ ____ ./sq. ft. = $ _________ _
⇒ Any Garage Square Footage:
______ square feet x $ ___ -'/sq. ft. = $ _________ _
⇒ Residential Conversion Square Footage:
______ square feet x $ ____ /sq. ft. = $ _________ _
⇒ Please contact the City of Carlsbad Building Division or current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse
uses.)
______ square feet x $ __ /sq. ft.=$
COST OF DEVELOPMENT ESTIMATE: $.;:;..50:=..,..::..00=0=--------------
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate) QI
2. A Coastal Development Permit ($60,000 or more cost estimate) D
C. Street address of proposed development
3136 Carlsbad Blvd.
P-6 Page 1 of 7 Revised 08/19
D. Assessor's Parcel Number of proposed development
203-250-26
E. Development Description:
Briefly describe project: Transform rooftop viewing deck on existing hotel to a
3,300 sf restaurant and full-service bar.
F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices,
etc.) that surround the proposed development to the:
North: Convenience grocery store (7-11)
South: Residential units
East: Lincoln St.
West: Carlsbad Blvd.
G. Is project located within a 100-year flood plain? D Yes QI No
II. PRESENT USE OF PROPERTY
A. Are there existing structures on the property? QI Yes D No
If yes, please describe.
Existing 104 room hotel on the property
B. Will any existing structure be removed/demolished? D Yes QI No
If yes to either question, describe the extent of the demolition or removal, including the relocation
site, if applicable (also show on plans).
No demolition proposed
Ill. LOT COVERAGE
P-6
No change proposed to existing coverages.
A. Existing and Proposed
Existing
Building Coverage sq. ft.
Landscaped Area sq. ft.
Hardscape Area sq. ft.
Unimproved Area (Left Natural) sq. ft.
Page 2 of 7
Pro12osed
sq. ft.
sq. ft.
sq. ft.
sq. ft.
Total
___ sq. ft.
___ sq. ft.
___ sq. ft.
___ sq. ft.
___ %
___ %
___ %
___ %
Revised 08/19
P-6
B. Parking: Number of existing spaces _1_2_5 ______ _
Number of new spaces proposed _0 _____ _
Existing/Proposed TOT AL: _1_2_5 _____ _
Number of total spaces required _1_2_4 ____ _
Number of covered spaces _1_2_5 ______ _
Number of uncovered spaces _0 ______ _
Number of standard spaces _1_2_5 ______ _
Number of compact spaces _0 _______ _
Is tandem parking existing? D Yes# __ [;21 No
Is tandem parking proposed? D Yes # __ [;21 No
C. Grade Alteration:
Is any grading proposed? D Yes f;2l No
If yes, please complete the following:
1.
2.
3.
4.
5.
6.
Amount of cut ----------'--_________ cu. yds.
Amount of fill ___________________ cu. yds.
Maximum height of fill slope ______________ feet
Maximum height of cut slope _____________ feet
______________ cu. yds. Amount of import or export
Location of borrow or disposal site
Page 3 of 7 Revised 08/19
•
Development Services
Planning Division
1635 Faraday Avenue
760-602-4610
www.carlsbadca.gov
PURPOSE
CLIMATE ACTION PLAN
CONSISTENCY CHECKLIST
P-30
{"Cityof
Carlsbad
In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that
the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions
reductions. This checklist contains measures that are required to be implemented on a project-by-project
basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are
achieved. Implementation of these measures will ensure that new development is consistent with the
CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG)
reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions
effect may be determined not to be cumulatively considerable if it complies with the requirements of the
CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). *
*City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act
projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section
15183.S(b). Please consult with the Planning Department for further guidance. Additional information
may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report.
This checklist is intended to assist project applicants in identifying CAP ordinance requirements and
demonstrate how their project fulfills those requirements. This checklist is to be completed and included
in applications for new development projects that are subject to discretionary review or require a building
permit.
APPLICATION SUBMITTAL REQUIREMENTS
• The completed checklist must be included in the project submittal package or building permit
application. Application submittal procedures can be found on the City of Carlsbad website. This
checklist is designed to assist the applicant in identifying the minimum CAP-related requirements
specific to their project. However, it may be necessary to supplement the completed checklist with
supporting materials, calculations or certifications, to demonstrate full compliance with CAP
requirements. For example, projects that propose or require a performance approach to comply
with energy-related measures will need to attach to this checklist separate calculations and
documentation as specified by the ordinances.
• If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum
required by ordinance, an explanation must be provided to the satisfaction of the Planning Division
or building official.
• The requirements in the checklist will be included in the project's conditions of approval or issuance
of building permit.
• Details on CAP ordinance requirements are available on the city's website.
P-30 Page 1 of 7 Revised 02/20
City of Carlsbad Climate Action Plan Consistency Checklist
STEP 1: LAND USE CONSISTENCY
The first step in determining CAP consistency for discretionary development is to assess the project's consistency
with the growth projections used in the development of the CAP. This section allows the city to determine a
project's consistency with the land use assumptions used in the CAP . Projects found not to be consistent with the
CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric
tons of CO2 equivalent (MTCO2e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the
environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may
result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance
with the CAP ordinance requirements identified in Step 2 of this checklist .
(Check the appropriate box and provide an explanation and supporting documentation for your answer}
A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations?
OR,
If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a
land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less
GHG-intensive project when compared to the existing designations?
Yes No
□
If ''Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and
proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the
Climate Action Plan.
If "No", proceed to Question B.
B. The CAP established a screening threshold of 900 MTCO2e/year for new development projects to assist in determining
consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP
screening threshold. Will the proposed land use change result in the construction of less than any one of the following?
• Single-Family Housing: 50 dwelling units
• Multi-Family Housing: 70 dwelling units
• Office: 35,000 square feet
• Retail Store: 11,000 square feet
• Grocery Store: 6,300 square feet
• Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to
determine whether it is below the 900 MTC02e/year screening threshold.
If ''Yes", proceed to Step 2 of the checklist.
□ □
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions
reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset
the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative
GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section
15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed
and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist.
P-30 Page 2 of 7 Revised 02/20
City of Carlsbad Climate Action Plan Consistency Checklist
STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS
Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate
consistency with the applicable measures and actions ofthe CAP . The compliance requirements in this Step 2 apply
to development projects that require a building permit. All other development projects shall implement all
emissions-related mitigation measures from the General Plan Update EIR.
Project No./Name: DKN Hotel Restaurant and Bar
Property
Address/APN : 3136 Carlsbad Blvd./ 203-250-08 & 203-250-26
Applicant Name/Co.: DKN Hotels
Applicant Address: 42 Corporate Park #200, Irvine, CA 92606
Contact Phone: (714) 222-7705 Contact Email : ashikad@dknhotels.com
Contact informatio n of person completing this checklist (if different than above):
Name:
Company
name/address:
Paul Klukas
Planning Systems
Contact Phon e: (760) 931 -0780 X 104
Contact Email : pklukas@planningsystems.net
Use the table below to determi ne which sections of the Ordinance Compliance checklist are applicable to your project. If
your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for
assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov.
Estimated Building Permit Valuation (BPV}: $_$_5_0_,_0_0_0 ______ _
□ Alterations:
□ BPV ~ $60,000
□ BPV ~ $60,000
□ Electrical service panel upgrade
□ BPV ~ $200,000
□ New construction
J;;3 Alterations: $50,000
P-30
lA
lA and 4A
4A
lA and 4A
Page 3 of 7
All residential alterations
1-2 family dwellings and townhouses with attached
garages only
Multi-family dwellings only where interior finishes are
removed and significant site work and upgrades to
structural and mechanical, electrical, and/or plumbing
systems are proposed
Revised 02/20
City of Carlsbad Climate Action Plan Consistency Checklist
□ BPV ~ $200,000 or additions~ 1B, 5 1,000 square feet
□ BPV ~ $1,000,000 1B, 2B and 5 Building alterations of ~ 75% existing gross floor area
□ ~ 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV ~ $200,000
Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this section.
A. D Residential addition or alteration ~ $60,000 building permit valuation.
See Ord. CS-347, Section 8.
Year Built Single-family Requirements
□ Before 1978 Select one:
□ Duct sealing □ Attic insulation □ Cool roof
□ 1978 and later Select one:
□ Lighting package □ Water heating package
□ Between 1978 and 1990
□ 1991 and later
B. D Nonresidential* new construction or alterations ~ $200,000 building permit valuation,
or additions~ 1,000 square feet.
See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3.
AS.203.1.1.1
□ Outdoor lighting: .90 Allowed Outdoor Lighting Power
AS.203.1.1.2
□ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended)
AS.203.1.2.1
Choose one as applicable: □ .95 Energy budget □ .90 Energy budget
AS.211.1. **
□ On-site renewable energy
AS.211.3**
□ Green power (if offered by local utility provider, 50% minimum renewable sources)
AS.212.1
D Elevators and escalators
AS.213.1
□ Steel framing
P-30 Page 4 of 7
~ N/A _________ _
□ Exception: Home energy score~ 7
(attach certification)
Multi-family Requirements
□ Attic insulation
Select one:
□ Attic insulation □ Duct Sealing
Select one:
□ Cool roof
□ Lighting package □ Water heating package
~ N/A _________ _
□ N/A
□ N/A
□ N/A
□ N/A
□ N/A
□ N/A
Revised 02/20
City of Carlsbad Cl imate Action Plan Consist ency Checklist
□ N/A
* Includes hotels/motels and high-rise residential buildings
** For alterations~ $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California
Energy Code section 120.10 instead.
A. D Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l{c) 14 for
requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by
.3kWdc if PV offset option is selected.
Floor Plan ID (use additional CFA #d.u. Calculated kWdc*
sheets if necessary)
Total System Size:
kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.)
*Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type
If proposed system size is less than calculated size, please explain.
Exception
□
□
□
□
kWdc
B. D Nonresidential new construction or alterations ~$1,000,000 BPV and affecting ~75% existing floor area, or addition that increases roof area by ~2,000
square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section.
Choose one of the following methods:
□ Gross Floor Area (GFA) Method
GFA:
□If < 10,000s.f. Enter: 5 kWdc
Min. System Size: ___ kWdc
□If ~ 10,000s.f. ca lculate: 15 kWd c x (GFA/10,000) **
**Round building size factor to nearest tenth, and round system size to nearest whole number.
□Time-Dependent Valuation Method
Ann ua l TDV En ergy use:*** x .80= Min. system size: ____ kWdc
*** Attach calculation documentation using modeling software approved by the California Energy Commission.
P-30 Page 5 of 7 Revised 02/20
City of Carlsbad Climate Action Pl an Consistency Checklist
A. D Residential and hotel/motel new construction
Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section.
□ For systems serving individual dwelling units choose one:
□ Heat pump water heater AND compact hot water dist ribution AND drain water heat recovery (low-rise residential
only)
□ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise
residentia l hotel/motel) or 150.l(c) 14 (for low-rise residential)
□ Heat pump water heater meeting Tier 3 or higher N EEA Advanced Water Heating Specification
□ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors
C3 Exception: No new heating proposed.
□ For systems serving multiple dwelling units, install a central wat er-heating system with all of the following:
□ Gas or propane water heating syst em
□ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential)
□ Solar water heating system that is either:
□ .60 solar savings fraction or 40 s.f. solar collectors
□ .40 solar savings fraction, plus drain water heat recovery
□ Exception:
B. D Nonresidential new construction
Please refer to Carlsbad Ordinance CS-347 when completing this section.
□ Water heating system derives at least 40% of its energy from one of t he following (attach documentation):
□ Solar-thermal □ Photovoltaics □ Recovered energy
□ W ater heating syst em is (choose one):
D Heat pump water heater
□ El ectric resistance water heater(s)
□ Solar water heating system with .40 solar savings fraction
~ Exception: No new heating proposed.
A. D Residential New construction and major alterations*
Please refer to Carlsbad Ordinance CS-349 when completing this section.
□ One and two-family residential dwelling or townhouse with attached garage:
□ One EVSE rea dy parking space required □ Exception :
□ Multi-family residential· □ Exception ·
Total Parking Spaces EVSE Spaces
Proposed Capable I Ready I
I I
Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number)
EVSE Installed = Total EVSE Spaces x .SO (rounded up to nearest whole number)
EVSE other= Total EVSE spaces -EVSE Installed
(EVSE other may be "Capable," "Ready" or "Installed.")
Installed I
I
Tota l
P-30 Page 6 of 7 Revised 02/20
\
City of Carlsbad Climate Action Plan Consistency Checklist
*Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or
include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit
valuation~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems
are proposed.
B 0 Nonresidential new construction (includes hotels/motels) D Exception ·
Total Parking Spaces EVSE Spaces
Proposed Capable Ready Insta lled Total
Calcu lation· Refer to the table below·
Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces
D 0-9 1 1
D 10-25 2 1
D 26-50 4 2
D 51-75 6 3
D 76-100 9 5
D 101-150 12 6
D 151-200 17 9
D 201 and over 10 percent of total 50 percen t of Required EV Spaces
1 ;Jypt;., •e~1hE:i11\, 1 ( 1 1 , 1 • ' 1
A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use.
B. Employee ADT /1,000 square feet is selected from the City of Carlsbad Employee ADT Table.
Use GFA Employee ADT /1,000 S.F. Total Employee ADT
No new transportation demand
Total
If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required.
*NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.ll requires new development that adds vehicle traffic
to vehicle LOS-exempt street facilities to implement TDM and transportation system management strategies. Please consult with City of Carlsbad Land Development
Engineering (LOE) staff to determine whether this policy applies to your project.
TOM plan required: Yes □ No l;a
LDE Staff Verification: □ ______ (staff initials)
P-30 Page 7 of 7 Revised 02/20
I?-· (._ 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: DKN Rooftop Restaurant and Bar PROJECT ID:
ADDRESS: 3136 Carlsbad Blvd. APN: 203-250-26
The project is (check one): D New Development ~ Redevelopment
The total proposed disturbed area is : 0 ft2 ( 0 ) acres
The total proposed newly created and/or replaced impervious area is: 0 ft2(0 ) acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID Interior remodel of existing development 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? □ □
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark
the second box stating "my project is EXEMPT from PDP ... " and complete applicant information.
Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 04/17
STEP3
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ □ and public development projects on public or private land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ □ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside □ □ development project includes development on any natural slope that is twenty-five percent or greater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ □ a land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious street, road, highway, freeway or driveway surface collectively over tt,e entire project □ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the
transportation of automobiles, trucks, motorcycles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ □ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ □ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADT) of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction?
11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 1 0%? (CMC □ □ 21 .203.040)
I.f 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 stating "My project is a 'STANDARD PROJECT' ... " and complete aoolicant information.
E-34 Page 3 of 4 REV 04/17
.. ..
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50% of the surface area of the previously existing development? Complete the percent
impervious calculation below:
Existing impervious area (A) = sq. ft. □ □
Total proposed newly created or replaced impervious area (B) = sq. ft.
Percent impervious area created or replaced (B/A)*100 = %
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete
applicant information.
If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the
check the first box stating "My project is a PDP ... " and complete applicant information.
STEPS
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and ~ust 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.
QI 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: Ashika Dahya-Keshav Applicant Title: VP of Design & Construction
Applicant Signature: ~ Date: 02/15/2021
.. • 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.
This Box for Citv Use Onlv
YES NO
City Concurrence: □ □
By:
Date:
Project ID:
E-34 Page 4 of 4 REV 04/17
~"{ ,.,,n: it,
G.'~~c.,,.,, a.b
~-~
der Number: NCS-962006-ONTl
Page Number: 1
BASE
First American Title Insurance Company
National Commercial Services
February 18, 2020
Jeanie Salva
DKN Hotels
42 Corporate Park Ste 200
Irvine, CA 92606-3 104
Customer Reference:
Title Officer:
Phone:
Fax No.:
E-Mail:
Property:
3281 E Guasti Road, Suite 440
Ontario, CA 91761
Parcel Map No . 2018-110
Kimberly Delpolito
(909)510-6202
(877)461-2090
kdelpolito@firstam.com
17370 Red Hill Avenue, Irvine, 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.
First American Title Insurance Company
Dated as of February 10, 2020 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
Subdivision Guarantee
' dder Number: NCS-962006-ONTl
Page Number: 2
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:
BP Resort LLC, LLC, a California limited liability company
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee Simple
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. General and special taxes and assessments for the fiscal year 2020-2021, a lien not yet due or
payable.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the California Revenue and Taxation Code.
3. Water rights, claims or title to water, whether or not shown by the public records.
4. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway.
5. A perpetual avigation easement in and through the air above the herein described and other land, as
conveyed to the County of Orange by the Irvine Company, by deed recorded March 17, 1964 in book
6965, page 721 of Official Records, and the terms and conditions as set forth in said deed to which
record reference is hereby made for all particulars.
The location of the easement cannot be determined from record information.
First American Title Insurance Company
' "1'der Number: NCS-962006-ONTl
Page Number: 3
6. Covenants, conditions, restrictions and easements in the document recorded May 21, 1965
as Instrument No. 16662 in Book 7529, Page 600 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, familial status,
disability, handicap, national origin, genetic information, gender, gender identity, gender expression,
source of income (as defined in california Government Code§ 12955(p)) or ancestry, to the extent
such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government
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 September 11, 1990 as Instrument No. 1990-
479265 of Official Records.
Document(s) declaring modifications thereof recorded October 05, 1990 as Instrument No. 1990-
535152 of Official Records.
7. Abutter's rights of ingress and egress to or from Red Hill Avenue, except at street intersections have
been dedicated or relinquished on the filed Tract Map 6410, in Book 238, Pages 4 through 6 of Tract
Maps ..
8. The terms and provisions contained in the document entitled "Declaration of Restriction"
recorded August 27, 2015 as Instrument No. 2015000444914 of Official Records.
9. An easement for public utilities and incidental purposes, recorded July 06, 2016 as Instrument No.
2016000306796 of Official Records.
In Favor of:
Affects:
Southern California Edison Company, a corporation
as described therein
10. The terms and provisions contained in the document entitled "Agreement to Transfer Development
Rights" recorded April 07, 2017 as Instrument No. 2017000140520 of Official Records.
11. An unrecorded lease dated February 02, 2018, executed by BP Resort, LLC, a California limited
liability company as lessor and Farmer Boys Food, Inc., a California corporation as lessee, as
disclosed by a Memorandum of Lease recorded April 02, 2018 as Instrument No. 2018000115636 of
Official Records.
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown
by the public records.
12. A Deed of Trust to secure an original indebtedness of $33,300,000.00 recorded June 28,
2018 as Instrument No. 2018000238262 of Official Records.
Dated:
Truster:
Trustee:
Beneficiary:
June 25, 2018
BP Resort, LLC, a California limited liability company
East West Investment Inc., a California corporation
East West Bank
A document entitled "Assignment of Leases and Rents" recorded June 28, 2018 as Instrument No.
2018000238263 of Official Records, as additional security for the payment of the indebtedness
secured by the deed of trust.
First American Title Insurance Company
Jfder Number: NCS-962006-ONTl
Page Number: 4
The terms and provisions contained in the document entitled "Partial Reconveyance"
recorded February 5, 2020 as Instrument No. 202000048695 of Official Records and affects Parcel 2
of Parcel Map No. 2018-110 ..
13. Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed by
a notice of completion recorded September 14, 2018 as Instrument No. 2018000337817 of Official
Records, which reflects a completion date of August 31, 2018.
14. Covenants, conditions, restrictions and easements in the document recorded December 26, 2019
as Instrument No. 20190542123 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, handicap, familial status, national origin, sexual
orientation, marital status, ancestry, source of income or disability, to the extent such covenants,
conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section
12955 of the California Government Code. 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.
15. An easement shown or dedicated on Parcel Map No. 2018-110 as referred to in the legal description
For: public pedestrian access and incidental purposes.
16. Any and all offers of dedication, conditions, restrictions, easements, fenceline/boundary
discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map referred to in
the legal description.
17. Rights of parties in possession.
First American Title Insurance Company
INFORMATIONAL NOTES
~"!'der Number: NCS-962006-ONTl
Page Number: 5
ALERT -CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of
recording on certain transactions effective January 1, 2018. Please contact your First
American Title representative for more information on how this may affect your closing.
1. Taxes for proration purposes only for the fiscal year 2019-2020.
First Installment: $112,068.09, PAID
Second Installment: $112,068.09, PAID
Tax Rate Area: 26-049
APN: 430-101-03
2. Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
A. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed by
at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
6. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company 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.
First American Ttt/e Insurance Company
LEGAL DESCRIPTION
• .:1'fder Number: NCS-962006-ONTl
Page Number: 6
Real property in the City of Irvine, County of Orange, State of California, described as follows:
PARCELS 1 AND 2 OF PARCEL MAP NO. 2018-110 IN THE CITY OF IRVINE, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK , PAGES 33 AND 34, INCLUSIVE OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL
GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR
UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE
SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LAND OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL
AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND
HEREINABOVE DESCRIBED AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED
WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF,
AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR
MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE, AND OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE
DESCRIBED, AS RESERVED BY IRVINE INDUSTRIAL COMPLEX, A CORPORATION, BY DEED DATED
AUGUST 29, 1968 AND RECORDED SEPTEMBER 6, 1968 IN BOOK 8713, PAGE 147, OF OFFICIAL
RECORDS.
APN: 430-101-03
First American Title Insurance Company
The First American Corporation
First American Title Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
,A'der Number: NCS-962006-ONTl
Page Number: 7
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.
First American Title Insurance Company
.:ltder Number: NCS-962006-ONTl
Page Number: 8
CL TA/ AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building; (d) improvements on the Land;
(b) zoning; (e) land division; and
(c) land use; (f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This
Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal
bankruptcy, state insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19,
and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount
Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1 % of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
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:
(a) and use
(b) improvements on the land
( c) and division
( d) 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 Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) 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:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
A'rst American Title Insurance Company
(c) that result in no loss to you
~ider Number: NCS-962006-ONTl
Page Number: 9
(d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered
Title Risks
4. Failure to pay value for your title.
S. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 AL TA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the c.overage 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 Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments,
or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
Arst American Title Insurance Company
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
Jf-der Number: NCS-962006-ONTl
Page Number: 10
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 9 and 10); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
a. a fraudulent conveyance or fraudulent transfer; or
b. a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown
in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments,
or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
Arst American Title Insurance Company
,Ader Number: NCS-962006-ONTl
Page Number: 11
AL TA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
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, 6, 13( c), 13( d), 14 or 16.
b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not
modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by
this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent
to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in
accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
A'rst American Title Insurance Company
-
TITLE:Jl.5
801 N. Brand Blvd., Suite 320, Glendale, CA 91203
Toll Free: (877) 365-9365 Direct: 1-888-478-1467 Fax: 855-476-6313
AMENDED PRELIMINARY REPORT (Revision Updated)
Preferred Bank
325 E Valley Blvd
Alhambra, CA 91801
Attn: Erica Chi
Our Order No.: CA0310-15026084-38
Your Reference: S.C. Hotel LLC
Todays Date: February 10, 2021
When Replying Please Contact:
Title365 Company
801 N. Brand Blvd., Suite 320
Glendale, CA 91203
Attn: Eric Richard Moore
1-888-478-1467
Property Address: 3155 Lincoln Street and 3136 Carlsbad Boulevard, Carlsbad, CA 92008
In response to the application for a Policy of Title Insurance, Title365 Company hereby reports that it is prepared to issue,
or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or
interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an exception herein and/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 of
Title Insurance are set forth in Exhibit B 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 B. 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 herein and the exceptions and exclusions set forth in Exhibit B
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 Policy or Policies of Title Insurance 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 or Policies of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the
issuance of a Policy or Policies of Title Insurance, a Binder or Commitment should be requested.
Dated as of February 4, 2021, at 07:30 AM.
Eric Richard Moore
Title Officer (E)
Tu38@title365.com
The form of policy of title insurance contemplated by this report is:
ALT A Loan Policy 2006 with AL TA Endorsement-Form 1 Coverage, AL TA Loan Policy 2006 with AL TA
Endorsement-Form 1 Coverage, Underwritten by: First American Title Insurance Company
I Preliminary Report Created: 02/10/2021 CA0310-15026084-38
SCHEDULE A
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
S.C. Hotel, LLC, a California Limited Liability Company, subject to Item No. 17 of Schedule B.
The land hereinafter referred to is situated in the City of Carlsbad, County of San Diego, State of CA, and is described as
follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
I Preliminary Report-A Created: 02/10/2021 CA0310-15026084-38
SCHEDULE B
At the date hereof, Exceptions to coverage, in addition to the printed Exception and Exclusions contained in said policy
form would be as follows:
1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be
levied for the fiscal year 2021 -2022 which are a lien not yet payable.
2. General and Special City and/or County taxes, including any personal property taxes and any assessments
collected with taxes, for the fiscal year 2020 -2021:
1st Installment: $1,856.12 Paid
Due Date: December 10, 2020
Penalty: $185.61
2nd Installment:
Due Date:
Penalty:
Exemption:
Code Area:
Assessment No.
$1,856.12
April 12, 2021
$195.61
Not Set Out
09000
203-250-08-00
Affects: A portion of the land described herein.
Open
Penalty to accrue if unpaid as of April 12, 2021
3. General and Special City and/or County taxes, including any personal property taxes and any assessments
collected with taxes, for the fiscal year 2020 -2021:
1st Installment: $42,625.14 Paid
Due Date: December 10, 2020
Penalty: $4,262.51
2nd Installment:
Due Date:
Penalty:
Exemption:
Code Area:
Assessment No.
$42,625.14
April 12, 2021
$4,272.51
Not Set Out
09098
203-250-26-00
Open
Penalty to accrue if unpaid as of April 12, 2021
a. Affects: A portion of the land described herein.
4. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with
Section 75) of the revenue and taxation code of the State of California.
5. Assessments, if any, for community facility districts affecting said land which may exist by virtue of assessment
maps or notices filed by said districts. Said assessments are collected with the County Taxes.
6. Water rights, claims or title to water in or under said land, whether or not shown by the public records.
7. Rights or claims of easements not recorded in the public records.
8. Covenants, conditions, and restrictions as set forth in instrument recorded May 28, 1932 in Book 131 of Deeds
and Page 23, but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex,
handicap, familial status, or national origin unless and only to the extent that the covenant, condition or restriction
(a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate
against handicapped persons.
Said covenants, conditions, and restrictions provide that a violation thereof shall not defeat or render invalid the
lien of any mortgage or deed of trust made in good faith and for value.
I Preliminary Report-B Created: 02/10/2021 CA0310-15026084-38
Said Covenants, Conditions and Restrictions have been modified by an instrument:
Recorded: January 3, 1935 in Book 371 and Page 108, of Official Records.
Said Covenants, Conditions and Restrictions have been modified by an instrument:
Recorded: August 17, 1936 in Book 546 and Page 400, of Official Records.
9. An easement for the purpose shown below and rights incidental thereto as granted in a document:
Granted to: WM. G. Kerckhoff A/C
Purpose:
Recorded:
Poles and lines, and right of way for sewer, water, sewer gas mains and pipe lines
May 4, 1937 in Book 643 and Page 394, of Official Records.
Affects: Portion of said land
10. Terms and provisions of a lease dated September 24, 1997, executed by Dahya Bhai L. Patel and Shantaben
Patel, as lessor and Eddy Shakarjian and Lisa Shakarjian, as lessee as disclosed by a(n) Memorandum of Lease
recorded October 20, 1997 as Instrument Number 1997-0523090 of Official Records.
Return Address: Government Funding a Division of CenFed Bank, 707 Foothill Blvd., La Canada, CA 91011
The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee
are not shown herein.
11. Terms and provisions of a lease dated September 17, 2000, executed by Dahyabhai Lalbhai Patel, as lessor and
Web Service Company, Inc., as lessee as disclosed by a(n) Memorandum of Lease recorded October 20, 2000 as
Instrument Number 2000-0568120 of Official Records.
Return Address: 3690 Redondo Beach Ave., Redondo Beach, CA 90278
The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee
are not shown herein.
12. Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby:
Amount: $21,000,000.00
Dated: March 21, 2017
Trustor: S.C. Hotel, LLC, a California limited liability company
Trustee: Title365 Company
Beneficiary: Preferred Bank, a California banking corporation
Recorded: March 23, 2017 as Instrument Number 2017-0132684 of Official Records.
a. An assignment of rents and leases, executed by S.C. Hotel, LLC, a California limited liability company, to
Preferred Bank, a California banking corporation, recorded March 23, 2017 as Instrument Number
2017-0132685.
b. The matters contained in an instrument entitled Memorandum of Second Extension Agreement and
Amendment to Loan Documents
Dated: September 26, 2019
By and Between:
S.C. Hotel, LLC, a California Limited Liability Company, Kiran Dahya, an individual, also known as Kiran D.
Patel ("K. Dahya"), Kiran Dahya (aka Kiran D. Patel) and Nila K. Dahya, as Trustees of The Dahya
Revocable Family Trust dated December 2, 1991, as amended and completely restated November 13,
2007, and as further amended May 16, 2014 ("Dahya Trust"), Shantaben D. Patel, an individual (''S
Patel"), and Shantaben D. Patel, as Trustee of The Dahya and Shantaben Patel Revocable Family Trust
dated January 6, 2000 ("Patel Trust" and together with K. Dahya, Dahya Trust, and S. Patel, individually
and collectively and Preferred Bank, a California Banking Corporation upon the terms therein provided.
Recorded: October 10, 2019 at Instrument Number 2019-0453274, of official records.
I Preliminary Report-B Created: 02/10/2021 CA0310-15026084-38
13. Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby:
Amount: $5,000,000.00
Dated: March 17, 2017
Trustor: S.C. Hotel, LLC, a California limited liability company
Trustee: First American Title Insurance Company, a Califrornia corporation
Beneficiary: Rajiv Desai, an individual, and Anjanaben Desai, an individual
Recorded: March 23, 2017 as Instrument Number 2017-0132687 of Official Records.
a. To avoid delays at the time of closing, please submit the original note, deed of trust and request for
reconveyance to this office, at least one week prior to the close of escrow.
b. If said deed of trust is to be reconveyed or a subordination agreement executed, the Company will require
that the spouse(s) of the beneficiary(s) sign any demand and also join in the execution of the request for
reconveyance or subordination agreement. If said beneficiary(s) status is unknown, an affidavit of marital
status is required.
c. By the provisions of a Subordination agreement dated March 21, 2017
Executed by: Preferred Bank, a California banking corporation
Recorded: March 23, 2017 as Instrument No. 2017-0132686 of Official Records.
Said instrument was made subordinate to the lien of the document(s) or interest(s) shown as item(s) No.
12
d. The matters contained in an instrument entitled Consent and Reaffirmation of Subordination Agreement
Dated: September 26, 2019
By and Between:
S.C. Hotel, LLC, a California Limited Liability Company, Rajiv Desai, an individual, and Anjanaben Desai,
an individual and Preferred Bank, California Banking Corporation upon the terms therein provided.
Recorded: October 10, 2019 at Instrument Number 2019-0453275, of official records.
14. Financing Statement executed by
Debtor: S.C. Hotel LLC
Secured Party: Preferred Bank
Recorded: March 30, 2017 as Instrument Number 2017-0144281 of Official Records.
15. The matters contained in an instrument entitled Notice of Restriction on Real Property
Dated: July 28, 2014
By and Between:
S. C. Hotel, LLC and City of Carlsbad upon the terms therein provided.
Recorded: August 27, 2014 at Instrument Number 2014-0369838, of official records.
16. The matters contained in an instrument entitled Encroachment Agreement
Dated: July 21, 2017
By and Between:
City of Carlsbad and SC Hotel LLC, a California Limited Liability Company upon the terms therein provided.
Recorded: September 5, 2017 at Instrument Number 2017-0405037, of official records.
17. The effect of a deed
Dated: October 24, 2014
Grantor: Dahyabhai L. Patel and Shantaben Patel, Trustees of the Dahya and Shantaben Patel Revocable
Family Trust dated January 6, 2000
Grantee: S. C. Hotel, LLC, a California Limited Liability Company
Recorded: October 30, 2014 as Instrument Number 2014-0472325, of official records.
The Company is not willing to divest the interest of Dahyabhai L. Patel and Shantaben Patel, Trustees of the
Dahya and Shantaben Patel Revocable Family Trust dated January 6, 2000. An inquiry of the parties shall be
required prior to the issuance of any policy of title insurance.
In order to complete this report, the company requires a signed and notarized Affidavit from the above stated
Grantor. The blank Affidavit form is attached to this report for you convenience.
a.
I Preliminary Report-B Created: 02/10/2021 CA0310-15026084-38
a. If title is to be insured in the trustee(s) of a trust or their act is to be insured, we will require a full copy of
the trust agreement and any amendments thereto. In certain situations the Company may accept a
Trustee certificate pursuant to Section 18100.5 of the California Probate Code for the trust agreement.
The Company reserves the right to except additional items and/or make additional requirements after
reviewing said documents.
Name of Trust: Dahya and Shantaben Patel Revocable Family Trust dated January 6, 2000
18. The terms and provisions contained in the document entitled Certificate of Compliance for Adjustment Plat
Recorded: July 30, 2015 as Instrument Number 2015-0403388, of official records.
19. The terms and provisions contained in the document entitled Hold Harmless Agreement Drainage
Recorded: December 18, 2015 as Instrument Number 2015-0646572, of official records.
20. The terms and provisions contained in the document entitled Permanent Stormwater Quality Best Management
Practice Maintenance Agreement
Recorded: December 18, 2015 as Instrument Number 2015-0646574, of official records.
21. The terms and provisions contained in the document entitled Hold Harmless Agreement Geological Failure
Recorded: December 18, 2015 as Instrument Number 2015-0646573, of official records.
22. The terms and provisions contained in the document entitled Permanent Stormwater Quality Best Management
Practice Maintenance Agreement
Recorded: December 18, 2015 as Instrument Number 2015-0646574, of official records.
23. The terms and provisions contained in the document entitled Hold Harmless Agreement Drainage
Recorded: October 20, 2016 as Instrument Number 2016-0567109, of official records.
24. The terms and provisions contained in the document entitled Permanent Stormwater Quality Best Management
Practice Maintenance Agreement
Recorded: April 12, 2019 as Instrument Number 2019-0131593, of official records.
25. Rights of tenants in possession.
26. Rights of tenants in possession of said land by reason of unrecorded leases. Kindly forward said lease, or a
current certified tenant rent roll.
27. This company will require that a full copy of any unrecorded lease be furnished to the company; together with all
supplements and amendments before issuing any policy of title insurance.
28. The transaction contemplated in connection with this Report is subject to the review and approval of the
Company's Corporate Underwriting Department. In order to process your request for a policy of title insurance for
a construction loan, please provide the following:
1. Current Financial Statement and/or Loan Application.
2. Project Cost Breakdown.
3. Completed Loss of Priority Questionnaire. (This form furnished by the Company)
4. A fully executed Indemnity Agreement. (This form furnished by the Company)
If work* has commenced prior to the recordation of the Construction Deed of Trust there will be further
requirements and the closing of the transaction could be delayed.
*"Work" may include, among other things, any preparation of the site for the planned construction, delivery of
construction materials or equipment and any labor furnished.
The Company reserves the right to add additional items or make further requirements after such review.
I Preliminary Report-B Created: 02/10/2021 CA0310-15026084-38
29. Prior to the issuance of any policy of title insurance, the Company will require the following with respect to S. C.
Hotel, LLC, a California limited liability company:
(1) A copy of its operating agreement and any amendments thereto must be submitted to the Company for review.
(2) A certified copy of its articles of organization (LLC-1 ), any certificate of correction (LLC-11 ), certificate of
amendment (LLC-2), or restatement of articles of organization (LLC-10) must be submitted to the Company for
review.
(3) With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument
executed by such limited liability company and presented to the Company for recording or upon which the
Company is asked to rely, such document or instrument must be executed in accordance with the following:
(a) If the limited liability company properly operates through officers appointed or elected pursuant to the terms
of the written operating agreement, such document or instrument must be executed by at least two duly elected or
appointed officers as follows: the chairman of the board, the president, vice president, and any secretary,
assistant secretary, the chief financial officer or any assistant treasurer.
(b) If the limited liability company properly operates through a manager or managers identified in the articles of
organization and/or duly elected pursuant to the terms of a written operating agreement, such document or
instrument must be executed by at least two such managers or by one manager if the limited liability company
properly operates with the existence of only one manager.
(4) Other requirements which the Company may impose following its review of the material required herein and
other information which the Company may require.
30. In order to complete this report, this Company requires a Statement of Information to be completed by the
following party(ies),
Party(ies): All Parties
The Company reserves the right to add additional items or make further requirements after review of the
requested Statement(s) of Information.
31. ID maybe required if we have no way to verify the Seller or Borrowers Signature
Hard Money Loans on Vacant Land -Require 2 forms of ID
Hard Money Loans with more than $100,000 coming out. -Require 2 forms of ID
32. Before issuing any insurance, this Company will require an Owner's Affidavit be signed and delivered for review.
33. Matters which may be disclosed by an inspection or by a survey of said land satisfactory to this Company, or by
inquiry of the parties in possession thereof.
34. An inspection of said land has been ordered; upon its completion we will advise you of our findings.
END OF SCHEDULE B
I Preliminary Report-B Created: 02/10/2021 CA0310-15026084-38
TITLE:Jxj
801 N. Brand Blvd., Suite 320, Glendale, CA 91203
Toll Free: (877) 365-9365 Direct: 1-888-478-1467 Fax: 855-476-6313
Preferred Bank
325 E Valley Blvd
Alhambra, CA 91801
Attn: Erica Chi
Borrower: S C Hotel Lie
Lenders Supplemental Report
The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented
in order to reflect the following additional items relating to the issuance of an American Land Title Association loan policy
form as follows:
A. This report is preparatory to this issuance of an American Land Title Association loan policy of title insurance .
This report discloses nothing, which would preclude the issuance of said American Land Title Association loan
policy of title insurance with endorsement No. 100 attached thereto.
B. The improvements on said land are designated as:
Commercial (Non-Residential)
3155 Lincoln Street and 3136 Carlsbad Boulevard, in the City of Carlsbad, County of San Diego, State of
California.
C. Pursuant to information provided to Title365 Company as of the date hereinabove, the proposed insured loan
amount is $21,000,000.00 with the proposed insured lender being Preferred Bank.
D. The only conveyance(s) affecting said land recorded with 24 months of the date of this report are as follows:
NONE
I Lenders Supplemental Report Created: 02/10/2021 CA0310-15026084-38
TITLE:1l5
801 N. Brand Blvd., Suite 320, Glendale, CA 91203
Toll Free: (877) 365-9365 Direct: 1-888-478-1467 Fax: 855-476-6313
Notes and Requirements Section
Note 1: On July 1, 1985, Assembly Bill 3132 became effective. Assembly Bill 3132 adds and repeals portions of Sections 480.3 and
480.4 of the Revenue and Taxation Code of the State of California.
The act requires the County Assessor and/or Recorder to make available a statutorily prescribed form entitled "Preliminary Change of
Ownership Report". Said report must be completed by the buyer and filed concurrently with the recordation of the documents
evidencing the change of ownership. Failure to present the Change of Ownership Report at the time of recordation will cause the
County Recorder to charge an additional $20.00 penalty recording fee. The fee cannot be charged if the transfer document is
accompanied by the affidavit stating that the buyer/transferee is not a resident of the State of California. This report is for official use
only and is not open to public inspection.
For further information, contact the Change of Ownership Section in the Assessor's Office located in the County of said property or the
County Recorder's Office located in the County of said property.
Note 2: Attached are Privacy Policy Notices in compliance with the Gramm-Leach-Bliley Act (GLBA) effective July 1, 2001. Please
review said Notices regarding personal information.
Note 3: The map attached hereto may or may not be a survey of the land depicted thereon. You should not rely upon it for any
purpose other than orientation to the general location of the parcel or parcels depicted. This company expressly disclaims any liability
for alleged loss or damage which may result from reliance upon this map.
Note 4: Part of the RESPA Rule to simply and improve the process of obtaining mortgages and reduce consumer settlement costs
requires the settlement agent to disclose the agent and underwriter split of title premiums, including endorsements as follows:
Line 1107 is used to record the amount of the total title insurance premium, including endorsements, that is retained by the
title agent. Title365 Company retains 87% of the total premium and endorsements.
Line 1108 is used to record the amount of the total title insurance premium, including endorsements, that is retained by the
title underwriter. First American Title Insurance Company retains 13% of the total premium and endorsements.
I Notes and Requirements Created: 02/10/2021 CA0310-15026084-38
TITLE:J)S
801 N. Brand Blvd., Suite 320, Glendale, CA 91203
Toll Free: (877) 365-9365 Direct: 1-888-478-1467 Fax: 855-476-6313
Notice Regarding Your Deposit of Funds
California Insurance Code Sections 12413 et. Seq. Regulates the disbursement of escrow and sub-escrow funds by title companies.
The law requires that funds be deposited in the title company escrow and sub-escrow accounts and be available for withdrawal prior to
disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the
Company via cashier's checks drawn on a California based bank may be disbursed the next business day after the day of deposit. If
funds are deposited with by other methods, recording or disbursement may be delayed. All escrow and sub-escrow funds received by
the Company will be deposited with other funds in one or more non-interest bearing escrow accounts of the Company in a financial
institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the
financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and the
Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefit
received by the Company and/or its parent Company. Those benefits may include, without limitation, credits allowed by such financial
institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such loans,
accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional
compensation of the Company for its services in connection with the escrow or sub-escrow. If funds are to be deposited with Title365
Company by wire transfer, they should be wired to the following bank/account:
I Notes and Requirements
Wire To:
ABA/Routing No.:
Bank Account:
Account Name:
Wiring Instructions for this Office
City National Bank
1801 West Olympic Blvd.
Los Angeles, CA 90006
Attn: Wire Department
122016066
555270852
Title365 Company
Reference Order No.: CA0310-15026084-38
Property Address:
Attention:
3155 Lincoln Street and 3136 Carlsbad Boulevard
Carlsbad, CA 92008
Eric Richard Moore
Created: 02/10/2021 CA0310-15026084-38
TITLE~
801 N. Brand Blvd., Suite 320, Glendale, CA 91203
Toll Free: (877) 365-9365 Direct: 1-888-478-1467 Fax: 855-476-6313
WIRE INSTRUCTIONS
For incoming wire transfers please use the following information for the transfer of funds to:
Title365 Company
Wire To:
ASA/Routing No.:
Bank Account:
Account Name:
City National Bank
1801 West Olympic Blvd.
Los Angeles, CA 90006
Attn: Wire Department
122016066
555270852
Title365 Company
Reference Order No.: CA0310-15026084-38
Property Address:
Attention:
3155 Lincoln Street and 3136 Carlsbad Boulevard
Carlsbad, CA 92008
Eric Richard Moore
PLEASE NOTE: OUR OFFICE DOES NOT ACCEPT ACH TRANSFERS, THESE INSTRUCTIONS ARE FOR THE
PURPOSE OF SENDING WIRE TRANSFERS ONLY.
ALL INCOMING WIRE TRANSFERS MUST CONTAIN OUR ORDER NUMBER, PROPERTY ADDRESS OR
PRINCIPAL'S NAME FOR IDENTIFICATION PURPOSES.
Do not hesitate to contact the undersigned should you or your financial institution have any questions with regards to the
information provided above.
Sincerely,
Title365 Company
Eric Richard Moore
Title Officer (E)
Tu38@title365.com
1-888-478-1467
lwire Instructions Created: 02/10/2021 CA0310-15026084-38
PRIVACY POLICY NOTICE
We are committed to safeguarding customer information;
When we request information from you or about you, it is for our own legitimate business purposes and not for the benefit
of any unaffiliated party;
We use personal consumer information only for legitimate business purposes in a manner consistent with title insurance
and escrow practices in compliance with applicable laws and regulations;
We will obey the laws governing the collection, use, and dissemination of personal data; and
We will endeavor to educate our employees on the responsible collection and use of personal information.
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act ("GLBA") generally requires a financial institution (which term includes title insurers,
underwritten title companies and those providing real estate settlement services) to disclose to all its customers the privacy
policies and practices with respect to information sharing of consumer nonpublic personal information with both affiliates
and non-affiliated third parties. In compliance with GLBA, we are providing you with this document, which notifies you of
the privacy policies and practices of Title365 Company This disclosure does not apply to business, commercial or
agricultural transactions.
We may collect nonpublic personal information about you from the following sources:
1. Information we receive from you, such as on applications or other forms.
2. Information about your transactions we secure from our files, or from our affiliates or others.
3. Information we receive from a consumer-reporting agency.
4. Information we receive from others involved in your transaction, such as the real estate agent, lender, surveyor or
appraiser.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information
will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our affiliates or
to non-affiliated third parties as permitted by law. This includes, but is not limited to, financial service providers (e.g.,
banks, consumer finance lenders, securities and insurance companies, etc.), non-financial companies (e.g., settlement or
fulfillment service providers, or title plant operated by a third party vendor).
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT SPECIFICALLY PERMITTED BY LAW.
I Privacy Policy Notice Created: 02/10/2021 CA0310-15026084-38
EXHIBIT A
Legal Description
The land hereinafter referred to is situated in the City of Carlsbad, County of San Diego, State of CA, and is described as
follows:
Parcel 1:
All that portion of Block 18 of the Town of Carlsbad, in the City of Carlsbad, in the County of San Diego, State of California,
according to amended Map thereof No. 775, filed in the Office of County Recorder of San Diego County, February 15,
1894, and of Tract 100 of Carlsbad Lands, in the County of San Diego, State of California, according to Map thereof No.
1661, filed in the Office of County Recorder of San Diego County, March 1, 1915, described as follows:
Beginning at a point in the Northwesterly Line of said Block 18, distant thereon 150 feet Northeasterly from the most
Westerly Corner of said Block 18 said point being also the point of intersection of the Northwesterly Line of said Block 18
with the Easterly Line of the California State Highway right of way, as said right of way is described in the Deed from W.T.
Hart and Sarah M. Hart, et al to the State of California, dated August 7, 1924 and recorded in Book 1040, Page 76 of
Deeds, Records of said County; thence South 6 degrees 17 minutes 30 seconds West (record South 6 degrees 27
minutes West) along said Easterly right of way line 198.75 feet to the most Southerly Corner of the land conveyed by The
WM G. Kerckhoff Co. to Gerard C. and May Gardner, husband and wife, by Deed dated August 19, 1936 and recorded in
Book 546, Page 400 of Official Records of the County of San Diego; thence North 55 degrees 27 minutes East along the
southeasterly line of said Gardner's Land 139.25 feet to the most Easterly corner thereof, being a point on the
northeasterly line of said tract 100; thence North 34 degrees 33 minutes West along said northeasterly line and the
northwesterly extension thereof 160 feet to the point of beginning.
Together with:
All that portion of Tract 100 of Carlsbad Lands, in the City of Carlsbad, in the County of San Diego, State of California,
according to Map thereof No. 1661, filed in the Office of County Recorder of San Diego County, March 1, 1915, described
as follows:
Commencing at the point of intersection of the northwesterly line of said Tract 100, with the easterly line of the California
State Highway right of way as said right of way is described in the Deed from South Coast Land Company to the State of
California, dated September 8, 1924 and recorded in Book 1032, Page 284 of Deeds, Records of said County; thence
South 6 degrees 17 minutes 30 seconds West (Deed Record South 6 degrees 27 minutes West) along said Easterly right
of way line 79.60 feet to the true point of beginning; thence North 55 degrees 27 minutes East parallel with the northwest
line of said Tract 100, a distance of 95.85 feet to intersection with a northeasterly line of said Tract 100; thence South 34
degrees 33 minutes East along said northeasterly line 90 feet to an angle point in the boundary of said Tract 100, said
point being also in the northwesterly line of the land conveyed by South Coast Land Company to L. R. Sloan and Bessie
Sloan, by Deed dated April 28, 1930 and recorded in Book 1763, Page 328 of Deeds, Records of said County; thence
South 55 degrees 27 minutes West along the northwesterly line of the land so conveyed to said Sloan to the Easterly line
of the California State Highway right of way above mentioned; thence northeasterly along said easterly right of way line to
the true point of beginning. The southeasterly line and the northwesterly line thereof, being parallel with the northwesterly
line of said Tract 100. Excepting therefrom that portion lying northwesterly of a line drawn parallel with and 50 feet
measured at right angles southeasterly from the centerline of Carlsbad Boulevard, 100 feet wide.
Together with:
The Southeasterly Half of the northeasterly quarter of Block 18 of Carlsbad, in the City of Carlsbad, in the County of San
Diego, State of California, according to Map thereof No. 775, filed in the Office of County Recorder of San Diego County,
February 15, 1894.
Together with:
That portion of Tract 100 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, State of
California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1,
1915, described as follows:
Beginning at the southeasterly corner of said tract; thence North 34 degrees 33 minutes West, a distance of 200 feet;
thence at right angles, South 55 degrees 27 minutes West, a distance of 100 feet; thence South 34 degrees 33 minutes
East, a distance of 200 feet to a point on the southeasterly line of said Tract 100; thence North 55 degrees 27 minutes
East, a distance of 100 feet to the point of beginning. Excepting therefrom the Southeast 135 feet thereof.
I Exhibit A Created: 02/10/2021 CA0310-15026084-38
Said land is shown in Certificate of Compliance for adjustment plat (Project ID: ADJ 14-1 CE 15-03), recorded 7-30-2015
as Instrument No. 2015-0403388, of Official Records.
APN: 203-250-08-00
APN: 203-250-26-00
I Exhibit A Created: 02/10/2021 CA0310-15026084-38
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This map is for your aid in locating the subject property with reference to streets and other parcels. While this map is believed to be correct, Title365
Company and subsequent insurance companies, assume no liability for any loss occurred by reason of reliance thereon.
I Plat Map Created: 02/10/2021 CA0310-15026084-38
EXHIBIT B (REVISED 03-30-17)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses v.hich arise by reason of:
1. (a) Ally law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the
character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ov.-nership or a change in the dimensions or area of the land or any parcel of v.hich the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Riglts 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 v.tiich has occurred prior to Date of Policy Wlich would be binding on the
rights of a purchaser for value without knowledge.
3, Defects, liens, encumbrances, adverse claims or other matters: (a) YJhether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not kno\M'I to the Company, not
recorded in the public records at Date of Policy, but kno\M'I 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 a damage 'Mlich 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 ov-mer of the indebtedness, to comply ""th the applicable doing business laM
of the state in v.tiich the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, Yfhich arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or
similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) 'Mlich 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) proceecings by a public agency that may result in taxes or
assessments, or notices of such proceedings, v..hether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or daims thereof, not sho'Ml by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not sho....., 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, 'Mlether or not the matters excepted under (a), (b), or (c) are shown by the Public
Records.
6. Any lien or riglt to a lien for services, labor or material not shov,,n by the public records.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS
In addition to the Exceptions in Schedule 8, 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 re'1,Jlation. This includes ordinances, la-ws and regulations concerning: a. builcing, b. zoning, c. Land use d. improvements on the Land, e. Land
division, 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.
2. 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.
3. The right to take the Land by condemning it, unless: a. a notice of exercising the riglt appears in the Public Records at the Policy Date; orb. the taking happened before the Policy Date and is bincing on You if You bought the Land without
Knowing of the taking.
4. Risks: a. that are created, allo\Yed, or a17eed to by You, whether or not they appear In the Public Records; b. that are Kno'M1 to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that resuH
in no loss to You; or d. that first occur aft.er the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Tide.
6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in
Covered Risk 11 or 18.
LIMITATIONS ON COVERED RISKS
Your insurance for the follo"Mng Covered Risks is limited on the OMler's Coverage Statement as follows:
• For Covered Risk 14, 15, 16 and 18, Your Oeductlble Amount and Our Maximum Dollar Limit of UabilityshoYKI in Schedule A.
The deducti~e amounts and maximum dollar limits sho'M1 on Schedule A are as follows:
Covered Risk 1-6:
Covered Risk 15:
Covered Risk 16:
Covered Risk 18:
Your Oeductjble Amount
1 •.t. of Policy Amount or $2,500 (whichever is less)
1 % of Policy Amount or $5,000 (whichever is less)
1 11. of Policy Amount or $5,000 (whichever is less)
1 11. of Policy Amount or $2,500 {whichever Is less)
Oyr Maxj mum Qo)lar Limit of Liability
$10,000
$25,000
$25,000
$5,000
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) 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 • improvements on the land " land
division • 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 rtems 12
and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless: •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
kno"Mng of the taking
3. Tide Risks: *that are created, allowed, or agreed to by you *that are kno....., to you, but not to us, on the Policy Date -unless they appeared in the public records "that resuH in no loss to you "that first affect your tide after the Policy Date -
this does not limit the labor and material lien coverage in Hem 8 of Covered Title Risks
4. Failure to pay value for your tide.
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
Titte Risks.
ALTA LOAN POLICY (10-17-92) WITH ALTA 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 'Mlich arise by reason of:
1. (a) Any law, ordinance or governmental regulation Qnclucing but not limited to building and zoning laws, ordinances, or regulations) resbicting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; Qi} the
character, dimensions or location of any improvement now or hereafter erected on the land; Oii) a separation in o.....,ership or a change in the dimensions or area of the land or any parcel of v..hich the land is or was a part; or Qv) environmental
protection, or the effect of any violation of these laM, 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 exduded 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. Riglts 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 knOVvtedge.
3. Defects, liens, encumbrances, adverse claims or other matters:(a)created, suffered, assumed or agreed to by the insured claimant; (b)not knov-m to the Company, not recorded in the public records at Date of Policy, but kno....., to the insured
claimant and not disclosed in wiling 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 to 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 YJOuld 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 Vvtth appUcable doing business la\NS of
the state in YAlich the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, v..hich 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 tothe land which is contracted
for and commenced subsequent to Date of Policy and is not financed in Yfhole or In part by proceeds of the indebtedness secured by the insured mortgage \Nhich 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: 0) 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 or equitable
subordination; orQii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except 'Mlere 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 judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In adcition to the above Exclusions from Coverage, the
Exceptions from Coverage in a Standard Coverage policy will also include the follo"Mng Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against toss or damage (and the Company will not pay costs, attorneys' fees or expenses) 'Mlich 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) proceecings 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 tn 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 shoYKI by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Tide that would be disclosed by an accurate and complete land survey of the Land and not shov-m 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 tide to water, Yfhether or not the matters excepted under (a), (b), or (c) are shown by the Public
Records.
6. Any lien or right to a lien for services, labor or material not sho!Ml by the public records.
2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. {a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, re'1,Jlating, prohibiting, or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or
location of any improvement erected on the Land; (iii) the subdivision of land; or (IV) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not mocify or limit
the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exdusion 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 Knov,,n to the Company, not recorded in the Public Records at Date of Policy, but Known to the
Insured Claimant and not disclosed in Yll'l'iting 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 create
I Exhibit B Created: 02/10/2021 CA0310-15026084-38
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 ¥.1th applicable doing-business laws of the state \Ml ere the Land is situated.
5. Invalidity or unenforceabllity in \Mlole 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. Ally lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records.
This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,
the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
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. Ally facts, rights, interests, or claims that are not shov.n in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not sho""'1 by the Public Records.
4. Ally encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land suivey of the Land and not shoWl by the Public Records.
5. (a) Unpatented mining claims; (b) reseivations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, \M'lether or not the matters excepted under (a), (b), or (c) are shOY111 by the Public
Records.
6. Ally lien or ri!lit to a lien for seJVices, labor or material not sho'Ml by the public records.
ALTA OWNER'S POLICY (10-17-92) 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 \Mlich arise by reason ot
1. (a) Ally law, ordinance or governmental regulation Oncludng 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 \Mlich 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 vdiich has occurred prior to Date of Policy v..hich would be binding on the
rights of a purchaser for value Wthout knOYAedge.
3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant;(b) not knov.n to the Company, not recorded in the public records at Date of Policy, but kno'Ml to the
insured claimant and not disclosed in \Wiling to the Company by the insured claimant prior to the date the insured claimant became en 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 v..hich would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Ally claim, vdiich 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: ~) 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 judgement or lien creditor. The above policy form may be issued to
afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company v..ill not pay costs, attorneys' fees or expenses) which arise by reason of:
1. (a) Taxes or assessments that are not shOW1 as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedngs by a public agency that may result in taxes or
assessments, or notices of such proceedings, 'Mlether or not shown by the records of such agency or by the Public Records.
2. Ally facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an Inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not sho""'1 by the Public Records.
4. Ally encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land suivey of the Land and not sho""'1 by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public
Records.
6. My lien or ri!lit to a lien for seJVices, labor or material not sho""'1 by the public records.
2006 AL TA OWNER'S POLICY (06-17--06) EXCLUSIONS FROM COVERAGE
The follO'Mng matters are expressly excluded from the coverage of this policy, and the Company \MIi not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation Oncluding those relating to buildng and zoning) restricting, regulating, prohibiting, or relating to 0) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or
location of any improvement erected on the Land; Oii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a)does not modify or limit
the coverage provided under Covered Risk 5. (b) Ally governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not l<no""'1 to the Company, not recorded in the Pubic Records at Date of Policy, but Kno""'1 to the
Insured Claimant and not disclosed in 'M'iting to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or
created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for
the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shov.n in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a
preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that
vests Title as sho""'1 in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage
policy v..ill also include the follo\Mng Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company v.;n not pay costs, attorneys' fees or expenses) that 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) proceedngs 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. Ally facts, rights, interests, or claims that are not shOWl in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not sho""'1 by the Public Records.
4. Ally encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land suivey of the Land and not sho""'1 by the Public Records.
5. (a) Unpatented mining claims; (b) reseivations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or tltle to water, Wlether or not the matters excepted under (a), (b), or (c) are shown by the Public
Records.
6. Arr/ lien or right to a lien for seJVices, labor or material not shoYKI by the public records.
AL TA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)EXCLUSIONS FROM COVERAGE
The follo\Mng matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses \Mlich arise by reason of:
1. (a) Ally law, ordinance or governmental regulation Oncluding but not limited to building and zoning laM, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; Oi) 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 areas of the Land or any parcel of IMlich the Land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laYJS, ordinances or governmental regulations, except to the extent thats 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 ertent 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 vdiich has occurred prior to Date of Policy which would be binding on the
rights of a purchaser for value without KnoY¥1edge.
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 'M'iting to the Company by the Insured Claimant prior to the date the Insured Oaimant 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 vdiich 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 v..ith applicable doing business laws of
the state in v.tiich the Land is sib.Jated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, vdiich arises out of the transaction evidenced by the Insured Mortgage and is based upon usuy, 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 'Mlich become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, S(e) and 26.
7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modific:ations made after the Insured has KnO'Medge that the vestee sho'Ml in Schedule A is no longer the o\Nner of the estate or
interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8.
a.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, encumbrances and other matters affecting the title, the existence of which are Kno""'1 to
the Insured at:(a) The time of the advance; or(b) The time a modfication is made to the terms of the Insured Mortgage 'i\hich 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 IMth 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.
For large print please view at www.title365.com under menu option Resources.
jExhibit B Created: 02/10/2021 CA0310-15026084-38
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CA0310-15026084-38
First American Tit/e™
Privacy Information
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 subsidiaries 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 that 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.
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.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet We believe it is important you know how we treat the information about you we receive on the Internet
In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers
collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar
information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at
the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to
access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. Wh~e we try to link only to sites that share our high standards and respect for
privacy, we are not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data
that a Web site can send to your browser, which may then store the cookie on your hard drive.
FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful
and productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits
and consumer privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open
public record and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of
data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate
information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous
data so that the consumer can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our
employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible
manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
I Form SO-PRIVACY (7-1-14) Page of 1 I Privacy Information (2001-2010 First American Financial Corporation)
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