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HomeMy WebLinkAbout; Shindler, Kristopher & Caitlin; 2026-0036932; Other2/11/26, 12:47 PM Recording requested by, and when recorded, please retum to: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 APN: 223-200-16-65 Batch 20617868 Confirmation DOC# 2026-0036932 111111111111 lllll 11111111111111111111 lllll lllll lllll 111111111111111111 Feb 10, 2026 03:03 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $152.00 (SB2 Atkins: $75.00) PAGES:22 Space above for Recorder's Use MEMORANDUM OF SETTLEMENT . This Memorandum of Settlement (the "Memorandum") is made as of Jo,YWJLl({j 2.,/ , 2026, by • KRISTOPHER SHINDLER and CAITLIN SHINDLER, as individuals ("Owners") and shall be recorded in the Official Records of the San Diego County Recorder pursuant to that certain Settlement Agreement and Release ("Agreement") entered into concun-ently herewith in order to disclose its existence. A copy of said Agreement is attached hereto as Attachment A. The Agreement was reached in San Diego County Superior Court Case Number 37-2024-000221 l 0-CU-EI-NC as a result of litigation filed by the Owners alleging an inverse condemnation cause of action against the CITY OF CARLSBAD ("City") relating to damage of their real property located at 3307 Vivienda Circle Circle, in Carlsbad, California, 92009, also identified as APN: 223-200-16-65 (the "Prope1ty"). The cause, existence and extent of the Property's damage was disputed by the City. On or about, JMu»i,j z.l , 2026 the Owners and City entered into the Agreement. As part of the Agreement, the parties agreed this document and the Agreement shall be recorded in the Official Records of the San Diego County Recorder in order to disclose on public records the existence of the Agreement. This document in no way modifies the provisions of the Agreement. The Agreement will run with the subject property and bind subsequent purchasers to the release and waiver of any and all claims against The City. We, Owners acknowledge the foregoing and hereby authorize the recording of this Memorandum against the Property reflected herein. (\ . I DATED: ----11 (,---t--_1-+-( u ___ _ I DLER, an individual DATED: __.I /_,_I /_0_b __ _ I https://gs.secure-erds .com/Batch/Confirmation/20617868 1/2 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only t he identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of &nDie&0 On O tfa!fa ~i, before me, . .,,,.,_f;,.J:h~ maamu o eof<he ~l!~ personally appeared l<rl sf dffehe.vSh 1 11cl~~j C()(\tLtvi £b/ncl lev who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is~ subscribed to the within instrument and acknowledged to me that he/she/~executed the same in his/her/(@ authorized capacity(ies), and that by his/her/trrfilDignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. l • 0 • • 0 • 0 JOE EWING• a O ' 0eJ;._ •·· COMM. ~2408.82~ z a: ! & -, Notary Publtc • Cahforn1a ~ z . A ' San Diego County ... 1 • :.; -; • Mi C2mf!!, ':xpises dult, 18.:.. 20J6 [ (Seal) Optional Information Although the info rmation in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certifica te of Ac k~o;'ledgment is attac hed to a doc ument titled/for the purpose of {Jp~ Y-2:13-u().,//, -~ 5'" containing ___ pages, and dated ____________ _ The igner(s) capac ity or authority is/a re as: ~ ln~ividual(s) 0 Attorney-in-Fact 0 Corporate Officer(s) ___________________ _ 0 Guardian/Conservator 0 Partner -Limited/General 0 Trustee(s) Title(s) 0 Other: _______________________ _ representing: ______________________ _ Name(s) of Person(s) or En tity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: 0 form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry# Notary contact: Other Joe E:.-w ..... in~g~,----Nr+o=t=a~.~~., --p-~?t----, i-C- 0 Additional Signer(s) 0 Signer(s) Thumbprint(s) D © Copyright 2007-2021 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. ATTACHMENT A SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("Agreement") is entered into as of January 2.\ , 2026 ("Execution Date"), by and between the following paities: Plaintiffs WILLIAM L. KING and SUSANNE H. KING, as TRUSTEES OF THE KING FAMILY TRUST; JOHN ASDELL and COLLEEN ASDELL, individuals; CHRISTOPHER CLINE and CALI CLINE, individuals; STEVEN E. CRUZ and JAMIE L. CRUZ, individuals; RY AN M. GAMBLE and ANDREA L. GAMBLE, as TRUSTEES OF THE GAMBLE FAMILY TRUST; SPENCER GOODMAN and DINA SCHNEIDER, individuals; LAURENCE GRIFFITHS and ALICIA GRIFFITHS, individuals; SCOTT S. HANCOCK and JESSICA J. HANCOCK, as TRUSTEES FOR THE HANCOCK DECLARATION OF TRUST; THOMAS P.E. HOLLENBECK, an individual; JASON ROBERT HULING and JACLYN ANN HULING, individuals; ROBERT W. KEEFE, JR. and TAMARA KEEFE as TRUSTEES OF THE KEEFE ROBERT W JR AND TAMARA E LIVING TRUST; LAUREN NICOLE KRAKOWSKY and JEFFREY CHARLES VIRDEN, as TRUSTEES OF THE KRAKOWSKY-VIRDEN TRUST; CASEY D. LARSEN, an individual; FRANCES MARILYN MARTINEAU, an individual; DOUGLAS W. McBAIN and EMILIE C. McBAIN, as TRUSTEES OF THE DOUGLAS AND EMILIE McBAIN LIVING TRUST; CHARLES G. MES SIG and GINA M. MES SIG, individuals; DEBORAH NAVARRO, as TRUSTEE OF THE DEBORAH NAVARRO LIFE TRUST; NICOLE NICOLOFF, an individual; REIS G. PALUSO and DANIELLE R. DeVARNEY, individuals; JAMES P. PINPIN and JUDY HOM PINPIN, individuals; MARK PISKOR and JANET CHAPIN PISKOR, individuals; JERRY PORTNOY and SHERYL PORTNOY, as TRUSTEES OF THE PORTNOY FAM~LY TRUST; MARK WILLIAM PRICE and JOANNE MARIA PRICE, as TRUSTEES OF THE PRICE FAMILY TRUST; KEVIN ROGERS and LYDIA ROGERS, individuals; JAMIE ROSANIO, as TRUSTEE OF THE JL TRUST; LOUIS W. ROSGEN and TRACY W. ROSGEN, as TRUSTEES OF THE ROS GEN FAMILY LIVING TRUST; JESSE SCHUVEILLER and DANICA . SCHUVEILLER, individuals; NICHOLAS SERINIS and CAROLYN LIEBERMAN, individuals; SUSAN K. SHAW, as TRUSTEE OF THE SUSAN K. SHAW TRUST; KRISTOPHER SHINDLER and CAITLIN SHINDLER, individuals; DALLAS SMITH, SPENCER SMITH, KATHLEEN SMITH, and RICHARD SMITH, as TRUSTEES OF THE SMITH FAMILY TRUST; SHAWN SWANSON and KATIE SWANSON, individuals; MICHAEL TALLON and STEPHANIE TALLON, as TRUSTEES OF THE MICHAEL AND STEPHANIE TALLON REVOCABLE LIVING TRUST; LAURA LEE WARNOCK, an individual; KYLE WHEELER and OCTA VIA WHEELER, individuals; DA YID WILDER, TIMOTHY WILDER and SHARON WILDER, individuals; ( collectively "Plaintiffs") and Defendant City of Carlsbad ("City"). All of these foregoing parties shall be collectively referred to herein as the "Settling Paities." RECITALS A. In or about 2002-2003, the City began the process ofrelocating a po11ion of Rancho Santa Fe Road. As paii of that process, the City created a large depression, also known as a rock prism, adjacent to that road. The Plaintiffs allege that such road relocation, and/or creation of the rock prism, in some fashion dive1ted, changed, and/or modified the surface/underground water, or created a condition where excess water began to impact their properties, and the homeowners association conunon areas sun-ounding their properties. The Plaintiffs perfonned inspections and testing and engaged expe11s to draft repo11s on the alleged ·causes of damages to Page 1 of 15 the Plaintiffs' homes. The City disputes such allegations and claims of damages. The foregoing allegations and dispute between the parties ("Dispute") are the subject of this Agreement and Release. B. On May 6, 2024, Plaintiffs filed an action alleging inverse condemnation, in the Superior Court for the State of California, County of San Diego, Case No.: 37-2024-00022110- CU-EI-NC ("The Action"). City filed an Answer denying the allegations and claims of damages, and asserting affinnative defense to same. C. Mediation of the Action took place on November 10, 2025, November 20, 2025 and November 21, 2025, before Michael Bayard, Esq. of the American Arbitration Association, with a Mediator's Proposal accepted by the Settling Parties in writing on December 22, 2025, subject to approval by the City's governing body. The settlement will be put on the record before the presiding judge Hon. Cynthia A. Freeland in Department N-27, San Diego Superior Court (North County Division). D. Without any admission of liability, and for the purposes of avoiding the risk, delay, expense and unce1iainty of further litigating in this matter, by this Settlement Agreement and Mutual Release, the Settling Parties now wish to resolve their dispute by way of settlement and mutual release of all of the Plaintiffs' claims and potential claims which are related in any manner to the Properties (as defined below), Dispute and/or Action. AGREEMENT AND RELEASE Settlement Amounts, Dismissal, Timing. a. As to the City, it is agreed that the City shall pay to the Plaintiffs and their counsel, Parsekian Law Corporation, the sum of Six Million ($6,000,000.00) ("Settlement Payment"), and such is a complete and final settlement of all of the Plaintiffs' Dispute and claims in the Action, including but not limited to costs and attorney, expe1i and appraisal fees otherwise recoverable under California Code of Civil Procedure ("CCP") § 1036. City agrees to use its best effo1is to have its insurance carriers deliver said Settlement Payment to Plaintiffs' counsel within 30 days of the completion of all of the following events: 1.) the City Council approving the Settlement Agreement, 2.) the execution of this Settlement Agreement and Mutual Release by all Settling Parties, 3.) the City's provision of the executed Settlement Agreement and Mutual Release to its paiiicipating insurance ca1Tiers; and 4.) the City recording with the Office of the Recorder for the County of San Diego a Memorandum of Settlement Affecting Real Prope1iy on each of the Properties. Payments will be made by way of either check or Electronic Funds Transfer/Wire Transfer ("EFT") to the Parsekian Law Corporation, Client Trust Account, Chase Bank; Account Number 909173036; Domestic Wire Routing Number 021000021; Parsekian Law Corporation Tax ID 33-0598460. Likewise, Plaintiffs, upon the day of confirmation ofreceipt of the EFT Settlement Payment, agree to file a Request for Dismissal with Prejudice of their Complaint. b. It is fu1iher agreed the City and the Plaintiffs hereby release and forever discharge any and all costs including attorneys', experts' and other fees and costs, as against each other. Page 2 of 15 2. Mutual General Release by Settling Parties a. Other than the obligations and representations made herein, the Settling Paiiies together with their successors, renters, lessees, residents, assigns, agents, insurers, managers and prior/subsequent purchasers of the Property, hereby release and forever discharge each other and their heirs, trusts, trustees, insurers, reinsurers, assigns, parent companies, sister companies, successor companies, and each past or present employee, agent, representative, officer, director, stockholder, paiiner, attorney, and other persons, finns or corporations now, previously or hereafter affiliated in any manner with any of the above ("Released Party") from any and all liability, claims, demands, damages, costs, attorneys' fees, expert/consultant fees, repair costs, punitive damages, obligations, investigative costs, loss of use, inconvenience, loss of rent, liabilities, losses, expenses, assessments, obligations, diminution in value, property damage, actions, rights and claims for relief of whatsoever kind or nature, whether or not now known, suspected or claimed, which they may have against or claim to have against the other party, Released Party or its insurer, or could have made against the other paiiy, Released Party or its insurer, by reason of any act, failure to act, cause, matter or event related to the Properties, Dispute and/or Action. Notwithstanding the breadth of the foregoing, this release does not release any claims regarding insurance coverage for the City, including without limitation and claims for reimbursement and/or reallocation of defense and settlement payments between the City and its insurers. b. Final and Full Settlement. The Settling Paiiies acknowledge that they intend this Agreement to be a full and final settlement of the Action, and to act as a bar to, each and every cause of action, claim, debt, liability, obligation, account and lien heretofore released, which the Settling Paiiies have or may have had at any time against each other relating to the Properties, Dispute and/or Action and any matters between them up to and including their execution of this Agreement. Each of the Settling Paiiies acknowledge that they or their attorneys may hereinafter discover facts different from, or in addition to, the facts which the Settling Paiiies and/or their attorneys are now aware of with respect to the subject matter of this Agreement. However, the Settling Parties intend to fully, finally, absolutely, and forever settle any and all claims, disputes and differences which now exist or heretofore have existed between the Settling Paiiies and in furtherance of this intention the Mutual Release herein shall be given and remain in effect as a full and complete mutual release, notwithstanding discovery of any such different or additional facts. c. Civil Code Section 1542 Waiver. The Settling Parties hereto waive any and all claims which they have or may have in the future, as of the date of the execution of this Agreement that arise out of the Prope1iies, Dispute and/or Action as against each other. Each of the Settling Parties acknowledges that they know or have been infonned by their attorneys as to the meaning and effect of California Civil Code section 1542 which provides: Page 3 of 15 A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTYDOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. d. Each of the Settling Parties realizes and acknowledges that one or more of them may have claims or sustained losses that are presently unknown and unsuspected and that such claims or losses may give rise to additional claims, losses and expenses in the future which are not now anticipated. Neve1iheless, the Settling Parties acknowledge that this Agreement has been negotiated and agreed upon in light of this realization and, being fully aware of this situation, and except for the perfo1mance of this Agreement, the Settling Pmiies, release and forever discharge each other as set forth above from any and all such unknown claims, including damages and injunctive relief, which are unknown and unanticipated that arise out of the Prope1iies, Dispute and/or Action. Furthennore, the Settling Pmiies hereby waive and relinquish all the rights and benefits that they have or may have under California Civil Code section 1542 to the full extent that they may lawfully waive such rights and benefits pe1iaining to the subject matter of this Agreement. e. Wa1Tanties and Representations. Each of the Settling Parties hereto wan-ants, represents and agrees that such Party has not previously assigned or transferred, or attempted to assign or transfer, to any person or entity, other than another Party making the release, any action or actions, or cause or causes of action at law, in equity or othe1wise, suits, claims, debts, liens, contracts, agreements, notes, promises, liabilities, rights, claims, demands, costs, penalties expenses (including, without limitation, attorneys' fees), damages, losses or remedies hereinabove released. Each Settling Party further wan-ants that to his/her/its actual knowledge and belief, there is no action, suit claim, cause of action, or proceeding at law or in equity ( or before any governmental agency, or official, commission, board, bureau, instrumentality or authority of any local, state or federal government) now pending or threatened against or affecting Settling Pmiy that will directly affect Settling Pmiy's ability to perfonn this Agreement. 3. Counsel. Each party represents that their counsel has fully explained to him/her/it the legal effect of this Agreement and of the releases and wa1Tanties provided for herein and that the settlement and compromise stated herein is final and conclusive and each person represents that he/she/it has freely consented to and authorized this Agreement. 4. No Admission. This Agreement is the compromise of disputed claims and fully and finally settles all claims between the Settling Parties. Neither the payment of any consideration hereunder nor anything contained in this Agreement shall be interpreted or construed to be an admission of liability on the part of any person or Settling Party named herein. Page 4 of 15 5. Successors. This Agreement shall inure to the benefit of each Pmiy hereto, their predecessors, successors, subsidiaries, affiliates, fiduciaries, representatives, assigns, agents, officer, directors, members, estate, trusts, trustees, spouses, heirs and representatives, past, present and future. 6. Authority. The Settling Pmiies hereto hereby wa1Tant and represent that the execution of this Agreement and the consummation of the transactions contemplated by this Agreement do not violate or contravene any indenture, agreement, judgment or order to which they are a Settling Party or by which they are bound. 7. Binding Effect. This document is a binding and enforceable agreement under Code of Civil Procedure Section 664.6. Any provisions of California Evidence Code section 1119 notwithstanding, this Agreement may be enforced by any Settling Paiiy hereto by a motion under California Code of Civil Procedure section 664.6 or by any other procedure pennitted by law in any comi having jurisdiction over the Action. 8. Sole and Entire Agreement. This Agreement constitutes the entire agreement made by the Settling Pmiies hereto pertaining to the subject matter hereof and fu1iher supersedes any and all prior or contemporaneous understandings, representations, warranties, and agreements made by the Settling Parties hereto or their representatives pertaining to the subject matter hereof and may be modified only by a written agreement signed by all the Settling Paiiies hereto. The tenns of this Agreement may not be contradicted by evidence of any prior or contemporaneous agreement. 9. Effectuation. Each Settling Party agrees to execute such further documents and do all other acts as may be necessary to effectuate this settlement. 10. Counterparts. This Agreement may be executed in counterpmis, each of which shall be deemed an original for all purposes and such counterpaiis shall constitute one and the same agreement. Settling Paiiies may deliver executed counterpmis by email or facsimile, and delivery of an executed counterpart by email or facsimile shall be deemed delivery of an executed original counterpaii and have full legal force and effect to bind the Settling Pmiies hereto. 11. No Reliance on Representations by Others. The Settling Parties represent that they have relied on their own investigation and judgment in regard to all matters contained herein (including the consequences of this transaction and the result of application of any federal or state tax law), that they have not relied on any representations made by any other party, that this Agreement is entered into by them of their own volition, and that they entered into this Agreement free of any duress, coercion, or undue influence of any source whatsoever. 12. Modifications. This Agreement may not be altered, amended, modified or otherwise changed in any respect or particular whatsoever, except by a writing duly executed by all Settling Parties or by their authorized representative. A modification or waiver of any one provision shall not constitute a waiver or modification of any other provision not expressly waived or modified. Page 5 of 15 13. Governing Law. This Agreement shall be interpreted in accordance with and governed in all respects by the laws of the State of California. 14. Severability. Should any provision of this Agreement be declared or detennined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, tenn or provision shall not be deemed to be part of this agreement. 15. Disclosure Upon Sale or Transfer of Property. Plaintiffs agree to comply with the tenns of California Civil Code § 1102 (Disclosure Upon Transfer of Residential Prope1iy) with respect to their residential properties identified by address in Paragraph 17 ("Properties") which are the subject of this Action. Specifically, each Plaintiff agrees to disclose to each successive purchaser of their prope1iy the facts constituting the Dispute, that they were a paiiy to this Action, that the Action alleged groundwater issues and damages caused by groundwater in and about their Properties and that they received a monetary payment to settle the Action which extinguished all potential claims as to the Properties, Dispute and/or Action. Plaintiffs agree that City shall record with the Office of the Recorder for the County of San Diego a Memorandum of Settlement Affecting Real Property on each of the Properties. 16. Plaintiffs' Addresses. The following Prope1iies are the subject of the Action: 7565 Agua Dulce, Carlsbad, CA 92009 3341 Cuesta Place, Carlsbad, CA 92009 3337 Vivienda Circle, Carlsbad, CA 92009 7589 Caloma Circle, Carlsbad, CA 92009 7559 Caloma Circle, Carlsbad, CA 92009 3303 Dorado Place, Carlsbad, CA 92009 3342 Vivienda Circle, Carlsbad, CA 92009 3206 Carvallo Court, Carlsbad, CA 92009 3341 Vivienda Circle, Carlsbad, CA 92009 7582 Caloma Circle, Carlsbad, CA 92009 7571 Caloma Circle, Carlsbad, CA 92009 7581 Caloma Circle, Carlsbad, CA 92009 7591 Caloma Circle, Carlsbad, CA 92009 7575 Caloma Circle, Carlsbad, CA 92009 7554 Agua Dulce Comi, Carlsbad, CA 92009 7597 Dehesa Comi, Carlsbad, CA 92009 7593 Caloma Circle, Carlsbad, CA 92009 7595 Dehesa Court, Carlsbad, CA 92009 7595 Caloma Circle, Carlsbad, CA 92009 7579 Caloma Circle, Carlsbad, CA 92009 3345 Cuesta Place, Carlsbad, CA 92009 7565 Caloma Circle, Carlsbad, CA 92009 3327 Vivienda Circle, Carlsbad, CA 92009 3346 Cuesta Place, Carlsbad, CA 92009 Page 6 of 15 7580 Caloma Circle, Carlsbad, CA 92009 7567 Agua Dulce Comi, Carlsbad, CA 92009 3343 Cuesta Place, Carlsbad, CA 92009 7567 Caloma Circle, Carlsbad, CA 92009 7569 Caloma Circle, Carlsbad, CA 92009 3307 Vivienda Circle, Carlsbad, CA 92009 7573 Delgado Place, Carlsbad, CA 92009 7557 Caloma Circle, Carlsbad, CA 92009 3313 Vivienda Circle, Carlsbad, CA 92009 3317 Vivienda Circle, Carlsbad, CA 92009 3347 Cuesta Place, Carlsbad, CA 92009 7581 Dehesa Comi, Carlsbad, CA 92009 17. Time of the Essence. With regard to all dates and time periods set fo1ih or referred to in this Agreement, time is of the essence. 18 . Covenant Not to Sue. Plaintiffs' counsel, and all expe1is, consultants, or professionals retained or designated by Plaintiffs in c01mection with this Action, acknowledge and agree that, in consideration of this Settlement Agreement, they agree not to sue, initiate, file, maintain, or assist in any way of the filing or prosecution of any claim, lawsuit, arbitration, administrative proceeding, or other action of any kind against the City, its depaiiments, officers, employees, agents, and representatives, whether in their official or individual capacities, arising out of or relating to the facts, allegations, conduct, or events that were or could have been related to or alleged in this Action. The City is an intended third-pmiy beneficiary of this provision and may enforce it directly. Thomas Parsekian's signature in the "Approved as to Fonn" section below is his agreement to this clause specifically in substance in addition to fonn. IN WITNESS WHEREOF, the Settling Parties and Counsel have executed this Agreement on the date which appears opposite their signatures. This Agreement and Mutual Release shall be deemed to take effect on the date the 1 st signatory hereto executed this Agreement and Mutual Release. DATED: January LL,-2026 WILLIAN1 L. l -NG F THE KING FAMILY TRUST DATED: January,) _2 , 2026 SUSANlih: KING as TRUSTEE OF THE KING FAMILY TRUST DATED: January_li_, 2026 DATED: Januaiyl.l_, 2026 DATED: Janua1y 1.-S '2026 DATED: Januaiy-12._, 2026 DATED: January~, 2026 DATED: January~: 2026 DATED: January )--.A 2026 DATED: Januaiy jJ--, 2026 DATED: Januaiy_3___!_, 2026 DATED: Januaiy ~' 2026 DATED: Januaiy-11_, 2026 DATED: Januaiy -~' 2026 C~dual E, an ~vidual STEVEN E. CRUZ, an individual DINA SCHNEIDER, an m 1v1 ua LAU~an individual Page 8 of 15 DATED: January~, 2026 DA TED: January 21_, 2026 DATED: January__lL_, 2026 DATED: January 2-( , 2026 DATED: January Zo/, 2026 DATED: January 7.,,/ , 2026 DATED: January2l_, 2026 DATED: January__2._L, 2026 DATED: January~, 2026 DATED: January_1l__, 2026 SCOTT S. HANCOCK, as TRUSTEE FOR THE HANCOCK DECLARATION OF TRUST ~EEFOR~T~H~E-- HANCOCK DECLARATION OF TRUST THOMAS E. HOLLENBECK, an individual HULING, r individual R~~STEEOFTHE KEEFE ROBERT W. JR. AND TAMARA E. LIVING TRUST Qf~s~HE KEEFE ROBERT W. JR. AND TAMARA E. LIVING TRUST (f~EEOFTHE KRAKOWSKY-VIRDEN TRUST ~k Qs ~ DEN, as.,TRUSTEE OF THE KRAKOWSKY-VIRDEN TRUST CASEY D. L Page 9 of 15 DATED: January 2.4 , 2026 DATED: January_2J_, 2026 DATED: January .ti , 2026 DA TED: January _Zl_, 2026 DATED: January____a_l__, 2026 DATED: January _ii_, 2026 DATED: January}{-, 2026 DATED : January _1j_, 2026 DATED: January~, 2026 DATED: January-11_, 2026 ~~~flt,~ FRANCES MARlLYNMRTINEAU, an individual ~ /w,' DO L ~s ~-McBAIN, as TRUSEE OF THE DOUGLAS AND EMILIE McBAIN LIVING TRUST IE E. McBAIN, as TRUSEE OF THE UGLAS AND EMILIE McBAIN LIVING TRUST C ~-MESSIG, an individu~ BORAH NAVAR 0 , as TRUSTEE OF THE EBORAH NAVARRO LIFE TRUST CM ~. NICOLE NICOLOFF,anindivial Page 10 of 15 DATED: January 'Z-/ , 2026 DATED: January-=-!_, 2026 DATED: January c1., t , 2026 DATED: January_ld_, 2026 DATED: January~, 2026 DATED: January~2026 DATED: January~,2026 DATED: January_2_!_, 2026 DATED: Januar~A , 2026 DATED: January :/./, 2026 MARK PISKOR, an individual ' as TRUSTEE OF THE OY FAMILY TRUST S ERYL B RTNOY, as TRU E OF THE PORTNOY FAMILY TRUST #.'4~ TRUSTEE OF THE PRICE FAMILY TRUST JOANNE MARIA PRICE, as TRUSTEE OF THE PRICE FAMILY TRUST ' an individual Page 11 of 15 DA TED: January~, 2026 DATED: January--2:..L, 2026 DATED: January~, 2026 DA TED: January~' 2026 DATED: January~, 2026 DA TED: January 2, t:> , 2026 DATED: January~, 2026 DATED: January _ii_, 2026 DATED: January--d.-l-, 2026 DATED: January~, 2026 ~GEN,11 t usTEE OF THE ROSGEN FAMILY LIVING TRUST as TRUSTEE OF THE ROS GEN FAMILY LIVING TRUST A~"""'""'V--4~'1~ fi:--tb...A ~~-~ SUSANK. SHAW, ~s TRUSTEE F THE SUSAN -j ~ K. SHAW UST ~'/"----_ D~ TRUSTEE OF THE SMITH FAMILY TRUST Page 12 of 15 DATED: January 2 / , 2026 DATED: January~, 2026 .-.--'2..1 .. z__ ~ DATED: January_l _, 2026 DATED: January_fJ__, 2026 DATED: January_QL_, 2026 DA TED: January H, 2026 DATED: January_m_, 2026 DATED: January~, 2026 DATED: January '7.._ { , 2026 SPE ~SMITH, as TRUSTEE OF THE SMITH FAMILY TRUST KA TEEN SMITH, as TRUSTEE OF THE SMITH FAMILY TRUST (i?r44J_ ~'~ RICHARD SMITH, as TRUSTEE OF THE SMITH FAMILY TRUST K -~ KATIB SW ANSON, an ir~df vi dual /P~ MICHAEL TALLON, as TRUSTEE OF THE MICHAEL TALLON AND STEPHANIE TALLON LIVING REVOCABLE TRUST ~{~ STEPHANIE TALLON, as TRUSTEE OF THE MICHAEL TALLON AND STEPHANIE TALLON LIVING REVOCABLE TRUST LAURA LEE WARNOCK, an mdividual ;;,_,,(_ ~--~~ Page 13 of 15 DATED: January 2 / ~ 2026 2 $,r DATED: January t-, 2026 DATED: January 22n~2026 DATED: January 2-(S , 2026 DA TED: January __ , 2026 DATED: January __ , 2026 DATED: January __ , 2026 OCT A VIA WHEELER, an individual CZ • ~ TIMOTHY WILDER, an individual 'ddvL- THE CITY OF CARLSBAD By: _~d-=--{2)_----\}-2 -' ~-- GEOFFPATNOE Its: City Manager AMERICAN GEOTECHNICAL, INC. By:---------- American Geotechnical, Inc. BURNS & WIMER CONSUL TING, LLC By:-------- Bums & Wimer Consulting, LLC GLIKO CONTRACTING & ESTIMATING, INC. By:--------- Gliko Contracting & Estimating, Inc. Page 14 of 15 APPROVED AS TO FORM: DA TED: January ZZ--, 2026 Dated: JanuarJ /, 2026 Dated: January~ 2026 CITY OF CARLSBAD By: ~ /( /~~ Cindie K. McMahon, Esq. City Attorney DEAN GAZZO ROIST A CHER, LLP itchell D. Dean, Esq., Attorney for the City of Carlsbad Page 15 of 15 ' DATED: January~ , 2026 1 This signature is incorporated by reference on page 15, appearing beneath OCTA VIA WHEELER's signature, and above T™OTHY WILDER's signature. Page 16of 16 DATED: January __ , 2026 DATED: January __ , 2026 DATED: January __ , 2026 DA TED: January __ , 2026 DATED: January __ , 2026 DATED: January __ , 2026 DATED: January __ , 2026 DATED: January __ , 2026 KYLE WHEELER, an individual OCTA VIA WHEELER, an individual TIMOTHY WILDER, an individual SHARON WILDER, an individual THE CITY OF CARLSBAD By: ___________ _ GEOFFPATNOE Its: City Manager AMERICAN GEOTECHNICAL, INC. By: ________ _ American Geotechnical, Inc. BURNS & WIMER CONSULTING, LLC By: _______ _ Bums & Wimer Consulting, LLC GLTKO CONTRACTING & ESTI!\.1ATING, INC. By: ,\_ .t\. i_ '--~ LC i Ci£! 0 Page 14 of 15 \ .. ,· DATED: January __ , 2026 DATED: January __ , 2026 DATED: January __ , 2026 DATED: January __ , 2026 DATED: January __ , 2026 DATED: January __ , 2026 DATED: January --21_, 2026 DATED: January __ , 2026 KYLE WHEELER, an individual OCTA VIA WHEELER, an individual TIMOTHY WILDER, an individual SHARON WILDER, an individual THE CITY OF CARLSBAD By:-------------- GEOFFPATNOE Its: City Manager AMERICAN GEOTECHNICAL, INC. By:---------- American Geotechnical, Inc. BURNS & WIMER CONSULTING, LLC (\~_/\ ___ , ~ By: _I_ VJ'O'vPtlL/ ______ _ Nicholas Wimer Bums & Wimer Consulting, LLC GLIKO CONTRACTING & ESTIMATING, INC. By: _______ _ Page 14 of 15 DATED: January __ , 2026 KYLE WHEELER, an individual DATED: January __ , 2026 OCTA VIA WHEELER, an individual DATED: January __ , 2026 TIMOTHY WILDER, an individual DATED: January __ , 2026 SHARON WILDER, an individual DATED: January __ , 2026 THE CITY OF CARLSBAD By: ___________ _ GEOFFPATNOE Its: City Manager DATED: January ~026 DATED: January___;, 2026 BURNS & WIMER CONSULTING, LLC By: _______ _ Bums & Wimer Consulting, LLC DATED: January __ , 2026 GLIKO CONTRACTING & ESTIMATING, INC. By: _______ _ Page l4of 15