HomeMy WebLinkAbout; Martineau, Frances Marilyn; 2026-0048119; Other2/23/26, 8:39 AM
Recording requested by, and when
recorded, please return to:
City of Carlsbad
1200 Carlsbad Village Ddve
Carlsbad, CA 92008
APN: 223-200-31-33
Batch 20677427 Confirmation
DOC# 2026-0048119
111111111111 lllll 11111111111111111111111111111111111 IIIII IIIII IIII IIII
Feb 23, 2026 08:14 AM
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
fibv 0:0!:;J UC , 2026, by FRANCES MARILYN MARTINEAU, an
individual ("Owner") 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 concurrently 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 37-2024-00022110-CU-El-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 pro • located at 7575 Caloma
Circle, in Carlsbad, California, 92009, also identified APN: 223-200-31-33 (the
"Property"). The cause, existence and extent of the Property', damage was disputed by the
City. On or about,ttb{l!tQ\)N\ ) 6 , 2026 the Owner and City entered into the Agreement. . J .
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.
--~--lit1}'
The Agreement will mn with the subject property and bind subsequent purchasers<tli
the release and waiver of any and all claims against The City.
I, Owner acknowledge the foregoing and hereby authorize the recording of this
Memorandum against the Property reflected herein.
DATED: 2._// ~ / 2(.o J-~&,~;~
FRANCES MARIL MARTINEAU,an
individual
https://gs.secure-erds .com/Batch/Confirmation/20677 427 1/2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the 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 5 D"
County of an iego
On ftbVfA!U1j } t', 261 v before me Joe Ewing, Notary Public '-------------------(insert name and title of the officer)
personally appeared _F_r_a_n_ce_s_M_a_r_ily_n_M_a_rt_i_ne_a_u ________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
ATTACH MEN
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release ("Agreement") is entered into as of January~,
2026 ("Execution Date"), by and between the following parties: 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; RYAN 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 SW ANSON, 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 Parties."
RECITALS
A. In or about 2002-2003 , the City began the process ofrelocating a portion of
Rancho Santa Fe Road. As part 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 diverted, changed, and/or modified the surface/underground
water, or created a condition where excess water began to impact their properties, and the
homeowners association common areas surrounding their properties. The Plaintiffs perfonned
inspections and testing and engaged experts to draft reports 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 Comi 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 assertmg affirmative 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 uncertainty 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
1. 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, expert and appraisal fees otherwise
recoverable under California Code of Civil Procedure ("CCP") § 1036. City agrees to use its best
efforts 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 participating insurance carriers; and 4.) the City recording with the Office of the Recorder for
the County of San Diego a Memorandum of Settlement Affecting Real Property 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; P arsekian 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 further 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
Parties 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, partner, attorney, and other persons, firms 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 party, 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 Parties 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 Parties acknowledge that they or their attorneys may hereinafter discover
facts different from, or in addition to, the facts which the Settling Parties 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 Parties 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 Properties, 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
PARTY DOES 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. Nevertheless, 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 performance of this Agreement, the Settling Parties, 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 Properties,
Dispute and/or Action. Furthennore, the Settling Parties 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 pertaining to the subject matter of this
Agreement.
e. Warranties and Representations. Each of the Settling Parties hereto
warrants, 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 otherwise, 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 warrants 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 Party that will directly affect Settling Party's ability to perform 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 warranties 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 ofliability 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 Party 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 Parties hereto hereby warrant 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 Party hereto by a motion
under California Code of Civil Procedure section 664.6 or by any other procedure permitted by
law in any court having jurisdiction over the Action.
8. Sole and Entire Agreement. This Agreement constitutes the entire agreement
made by the Settling Parties hereto pertaining to the subject matter hereof and further 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 Parties
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 counterparts, each of which
shall be deemed an original for all purposes and such counterparts shall constitute one and the
same agreement. Settling Parties may deliver executed counterparts by email or facsimile, and
delivery of an executed counterpart by email or facsimile shall be deemed delivery of an
executed original counterpart and have full legal force and effect to bind the Settling Parties
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 determined
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, term 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
terms of California Civil Code § 1102 (Disclosure Upon Transfer of Residential Property) 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 property the facts constituting the Dispute, that they were a party 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 Properties 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 Court, Carlsbad, CA 92009
7597 Dehesa Court, 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 Court, 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 Court, Carlsbad, CA 92009
17. Time of the Essence. With regard to all dates and time periods set forth or referred
to in this Agreement, time is of the essence.
18. Covenant Not to Sue. Plaintiffs' counsel, and all experts, consultants, or
professionals retained or designated by Plaintiffs in connection 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 departments, 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-party beneficiary of this provision and
may enforce it directly. Thomas Parsekian's signature in the "Approved as to Form" section
below is his agreement to this clause specifically in substance in addition to form.
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 .22.__, 2026
S USANIM: KING
as TRUSTEE OF THE KING FAMILY TRUST
DATED: January 2-1 , 2026
DATED: January__&_, 2026
DATED: January '1-$ '2026
C~dual
DATED: January 26 '2026
ck CLINE, an ~vidual
DATED: January~, 2026
STEVEN E. CRUZ, an individual
• DATED: January~: 2026
DATED: January}-.~ 2026
DATED: January :}J--, 2026
DATED: January3_!__, 2026
DATED: January~, 2026
DINA SCHNEIDER, an m iv
DATED: Januaryll__, 2026
LAURE individual
DATED: January··~-' 2026
Page 8 of 15
DATED: January-3:l_, 2026
DATED: January---=:!j_, 2026
DATED: January_2L, 2026
DATED: January 2-( , 2026
DATED : January Z o/, 2026
DATED: January.1.l_, 2026
DATED: January~, 2026
DATED: January _2.L_, 2026
DATED: JanuaryE_, 2026
DATED: January _1J_, 2026
SCOTT S. HANCOCK, as TRUSTEE FOR THE
HANCOCK DECLARATION OF TRUST
~EEFOR ~T~HE,___
HANCOCK.DECLARATION OF TRUST
THOMAS E. HOLLENBECK, an individual
HULING,
R~~STEEOFTHE
KEEFE ROBERT W. JR. AND TAMARA E.
LIVING TRUST
c;;j~s ~HE
KEEFE ROBERT W. JR. AND TAMARA E.
LIVING TRUST
~EEOFTHE
KRAKOWSKY-VIRDEN TRUST
~k Y~ ~ DEN, as.., TRUSTEE OF THE
KRAKOWSKY-VIRDEN TRUST
Page 9 of 15
DATED: January 2.4 , 2026
DATED: January-2.l_, 2026
DATED: January ti , 2026
DATED: January_..2J_, 2026
DATED: January_ai_, 2026
DATED: January __J1j_, 2026
DATED: January){-, 2026
DA TED : January _1_L, 2026
DATED: January~, 2026
DATED: January-1.l_, 2026
~"°°~~ FRANCES MARlLYNMRTINEAU, an individual
cdr ~·
D -L~S~. McBAIN, as TRUSEE OF THE
DOUGLAS AND EMILIE McBAIN LIVING
TRUST
LIE E. McBAIN, as TRUSEE OF THE
UGLAS AND EMILIE McBAIN LIVING
TRUST
& ~M. MESSIG, an individua
fiit bl ch 1i ~
Qi BORAH NAVAR 0 , as TRUSTEE OF THE
DEBORAH NAVARRO LIFE TRUST
REIS ~ividual
~~tyk:=
Page 10 of 15
DATED: January '2-/ , 2026
DATED: January-=-!_, 2026
DATED: January c2., t , 2026
DATED: January:1{_, 2026
DATED: January~, 2026
DATED: January~2026
DATED: January262026
DATED: January--2..i__, 2026
DATED: Januar~A '2026
DATED: January ;2../, 2026
MARK PISKOR, an individual
OY, as TRUSTEE OF THE
OY FAMILY TRUST
S RYL B RTNOY, as TRU E OF THE
PORTNOY FAMILY TRUST
. 4//~
~~~~;,;;TRUSTEE OF THE
PRICE FAMILY TRUST
s TRUSTEE OF THE
RICE FAMILY TRUST
vINRGE,an individual
Page 11 of 15
DATED: Januarycti-, 2026
DA TED: January __2:_L_, 2026
DATED: January_l__, 2026
DATED: January~, 2026
DATED: January~' 2026
DATED: JanuaryL..'0 , 2026
DATED: Januar)'d_._J__, 2026
DATED: January1L_, 2026
DATED : January_d-l-, 2026
DATED: January~, 2026
L0ROSGEN, as TRUSTEE OF THE ROS GEN
FAMILY LIVING TRUST ~ as TRUSTEE OF THE
ROSGEN FAMILY LIVING TRUST
D
NICHOLAS SERINIS, n individual
QROL YN ,..__,,.'"'~ ... ,.
A4~V....4~J~ ~.&A~~-~
SUSANK.. SHAW, ds TRUSTEE F THE SUSAN J ~
K.. SHAW UST
~-;~ D~ TRUSTEE OF THE SMITH
FAMILY TRUST
Page 12 of 15
DATED: January :Z / , 2026
DATED: January o<I , 2026
.' r'L I r 2-~
DATED: January_l _, 2026
DATED: January Z \ , 2026
DATED: January !21_, 20 26
DATED: Januaryl1__, 2026
DATED: January~, 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?rJ.4J £:,0
RICHARD SMITH, as TRUSTEE OF THE SMITH
FAMILYTRUS~
~ -
SHAWN SW ANS N,anindividual
K -~
KATIB SWANSON, an i~vidual
#~
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: January2 / s:!=, 2026
2 $d-DATED: January (-, 2026
DATED: January 22n~2026
DATED: January -z_...<3 , 2026
DATED: January __ , 2026
DATED: January __ , 2026
DATED: January __ , 2026
OCT A VIA WHEELER, an individual
TIMOTHY WILDER, an individual
THE CITY OF CARLSBAD
By:_~~{2)__2 _, ~--
GEOFFPATNOE
Its: City Manager
AMERICAN GEOTECHNICAL, INC.
By:----------
American Geotechnical, Inc.
BURNS & WIMER CONSUL TING, LLC
By: ---------
Bums & Wimer Consulting, LLC
GLIK.O CONTRACTING & ESTIMATING, INC.
By: ---------
Gliko Contracting & Estimating, Inc.
Page 14 of 15
APPROVED AS TO FORM:
DATED: January Z'J-, 2026
Dated: JanuarJ/, 2026
Dated: January'L..~ 2026
CITY OF CARLSBAD
By: ~ )( U,pll-£~
Cindie K. McMahon, Esq.
City Attorney
DEAN GAZZO ROISTACHER, LLP
itc1ell D. Dean, Esq., Attorney
for the City of Carlsbad
Page 15 of 15
'
DA1ED: January~ , 2026
1 This signature is incorporated by reference on page 15, appearing beneath OCTAVIA
WHEELER's signature, and above TIMOTHY WILDER's signature.
Page16of16
DATED: January __ , 2026
DATED: January __ , 2026
DATED: January __ , 2026
DA TED: January __ , 2026
DATED: January __ , 2026
DATED: January __ , 2026
DATED: January __ , 2026
DA TED: 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 CONSUL TING, LLC
By: _______ _
Bums & Wimer Consulting, LLC
GLIKO CONTRACTING & ESTIMATING, INC.
By: , \.. .(.__ \_\._'. LC \ Ci I;_ 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: _______ _
Nicholas Wimer
Bums & Wimer Consulting, LLC
GLIKO CONTRACTING & ESTIMATING, INC.
By:---------
Page 14 of 15
DATED: January __ , 2026
DATED: January __ , 2026
DATED: January _ _, 2026
DATED: January __ , 2026
DATED: January_~ 2026
DATED: January .Wzo26
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: ____________ _
GEOFF PATNOE
Its: City Manager
BURNS & WIMER CONSULTING, LLC
By: _______ _
Burns & Wimer Consulting, LLC
GLIKO CONTRACTING & ESTIMATING, INC.
By: _______ _
Page 14of15