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HomeMy WebLinkAbout; Cline, Christopher & Cali; 2026-0039406; Other2/17/26, 9:11 AM Recording requested by, and when recorded, please retum to: City of Carlsbad 1200 Carlsbad Village Olive Carlsbad, CA 92008 APN: 223-200-16-50 Batch 20627494 Confirmation DOC# 2026-0039406 111111111111 lllll 11111111111111111111 lllll lllll lllll 111111111111111111 Feb 13, 2026 08:36 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $152.00 (882 Atkins: $75.00) PAGES:22 Space above for Recorder's Use MEMORANDUM OF SETTLEMENT . This Memorandum of Settlement (the "Memorandum") is made as of Jar,ua~ 2~ , 2026, by CHRISTOPHER CLINE and CALI CLINE as individuals C'dners") and shall be recorded in the Official Records of the San Diego County Recorder pursuant to that ce1tain 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 3 7-2024-00022110-CU-EI-NC as a result oflitigation 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 3337 Vivienda Circle, in Carlsbad, California, 92009, also identified as APN: 223-200-16-50 (the "Property"). The cause, existence and extent of the Property's damage was disputed by the City. On or about, Jan UC\Yt.j ;u5 , 2026 the Owners and City entered into the Agreement. As pait 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 prope1ty 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. DATED: J11tJv41 1-S, 2 01. y CHRISTOPHER CLINE, an individual CALINE, an in ~dual https://gs.secure-erds.com/Batch/Confirmation/20627494 1/2 CALIFORNIA CERTIFICATE OF 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. f State of California County of On JQ;t u 0 '[) z~ 'Zou before me, -4-~+Lf_,Kc_· Ofi.----u-/:~:n-re-i~--'-e1+(n-am-~-an~d'O_tit-~-o~.----r-e-offi--'-r!-r~--i-'--'/--"G=-- personally appeared 0/zn's--/o}z¼r l,u_ e)lM. ~ Caf.J.' /?-ae (t~ V who proved to me on the basis of satisfactory evidence to be the person@ whose name@~subscribed to the within instrument and acknowledged to me that ~ executed the same in ~r~ authorized ca pa cit~ and that by b.i-&fher~ signature~on the instrument the person@) 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. ~-··········· .,;~\~·..!-<~~ LILY J. KORPMAN ( -:t • Notary Public -California f i ~ San Diego County I y Commission If 2541449 My Comm. Expires Dec 14, 2029 Signature --~.....,~-...,.,,.--~------------(Seal) Optional Information Although the information 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 Certificate of Acknowledgment is attached to a document titled/for the purpose of _________________ _ co ntaining pages, and dated ----------------- AdditionaJ Information Method of Signer Iden tification 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# ; i ~ ~ ~ ~ ~ ' f The sign·er(s) capacity or authority is/are as: Notary contact: ___________ _ D lndividual(s) D Attorney-in-Fact D Corporate Officer(s) ____________________ _ D Guardian/Conservator D Partner -Limited/General D Tru stee(s) Title(s) D Other: ________________________ _ represe nting: ------~-----...,...,...----,,-----------Name(s) of Person(s) or Entity(ies) Signer is Representing Other D Additional Signer(s) D Signer(s) Thu mbprint(s) © 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. ATT CHM N SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("Agreement") is entered into as of January2.\ , 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 PISK.OR and JANET CHAPIN PISK.OR, 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 SW ANSON 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 OCTAVIA WHEELER, individuals; DAVID WILDER, TIMOTHY WILDER and SHARON WILDER, individuals; (collectively "Plaintiffs") and Defendant City of Carlsbad ("City"). All of these foregoing paiiies 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 performed 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 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 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 ofliability, 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; 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 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 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 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 PARTYDOESNOTKNOW 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 perf01mance 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 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 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 p1ior or contemporaneous agreement. 9. Effectuation. Each Settling Paiiy 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 tenns 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 peiiods 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 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 .2 , 2026 as TRUSTEE OF THE KING FAMILY TRUST DATED: January 2-,( , 2026 DATED: January__&_, 2026 DATED: January '1-$ '2026 DATED: January 25 '2026 DATED: January~, 2026 • DATED: January3l_: 2026 DATED: January J--A 2026 DATED: January :}J-, 2026 DATED: January3___!__, 2026 DATED: January~, 2026 DATED: January_i_L, 2026 DATED: January~----' 2026 CQ E~individual C~dual ck CLINE, an ~vidual STEVEN E. CRUZ, an individual DINA SCHNEIDER, an in 1v1 ua LAURE~an individual Page 8 of 15 DATED: January~, 2026 DATED: January~, 2026 DATED: January_2.L, 2026 DATED: January 2-( , 2026 DATED: January 2A(, 2026 DATED: January.1L_, 2026 DATED: January2l_, 2026 DA TED: January _21_, 2026 DA TED: January 2..,\ , 2026 DATED: January_1J_, 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~~STEEOFTHE KEEFE ROBERT W. JR. AND TAMARA E. LIVING TRUST ~~~~HE KEEFE ROBERT W. JR. AND TAMARA E. LIVING TRUST ~TEE OF THE KRAKOWSKY-VIRDEN TRUST ~kY~ ~ 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_a__l_, 2026 DATED: January__!Jj_, 2026 DATED: January.l{-, 2026 DATED: January---1:l_, 2026 DATED: January_E_, 2026 DATED: January_Jj_, 2026 ~~~flt,~ FRANCES MARILYNMRTINEAU, an individual ~ ~< 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 individu~ oh BORAH NAVAR 0 , as TRUSTEE OF THE EBORAH NAVARRO LIFE TRUST /]YfiL~ ' REIS ~ividual ~~ot:= Page 10 of 15 DATED: January ~/ , 2026 DATED: January~, 2026 DATED: January d... t , 2026 DATED : January..Jd_, 2026 DATED: January0 / , 2026 DATED: January~2026 DATED: January~,2026 DATED: January_2___!_, 2026 DATED: JanuarJA '2026 DATED: January :L/, 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 x~Lqr TRUSTEE OF THE PRICE FAMILY TRUST MA , as TRUSTEE OF THE RICE FAMILY TRUST ' an individual Page 11 of 15 DATED: January~, 2026 DATED: January2l_, 2026 DATED: January_l_, 2026 DATED: January~, 2026 DATED: January ~ f , 2026 DATED: Januaiyl '5 , 2026 DATED: Janua~_l__, 2026 DATED: January 1L_, 2026 DATED: January _Jj_, 2026 DATED: Janua1y~, 2026 WRosGEN, as TRUSTEE OF THE ROS GEN FAMILY LIVING TRUST as TRUSTEE OF THE ROS GEN FAMILY LIVING TRUST D NICHOLAS SERINIS, n individual QROL YN ,_,,u.::,.,_._.,,,n_ A~~v--4~'-l~ ~.&A ~~-~ SUSANK. SHAW, i s TRUSTEE F THE SUSAN ~ ~ K. SHAW UST ~'I"---_ D~ TRUSTEE OF THE SMITH FAMILY TRUST Page 12 of 15 DATED: January 2 / , 2026 DATED: January_dl_, 2026 , ,...,z__ I .. z_ ~ DATED: January_l _, 2026 DATED: January Z \ , 2026 DATED: January_QJ_, 2026 DATED: January 11.._, 2026 DATED: January--1!1_, 2026 DATED: Januaryli___, 2026 DATED: January:1:J_, 2026 SPE ~SMITH, as TRUSTEE OF THE SMITH FAMILY TRUST KATEffiSMITH, as TRUSTEE OF THE SMITH FAMILY TRUST <,?r44J s: I~ RICHARD SMITH, as TRUSTEE OF THE SMITH FAMILYT~n SH~-v1-·du_a_l __ K-~ KATIB SWANSON, an i~vidual #~ MICHAEL TALLON, as TRUSTEE OF THE MICHAEL TALLON AND STEPHANIE TALLON LIVING REVOCABLE TRUST ~1~ 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 .s'cr-DATED: January--.!=, 2026 DATED : January 22n~2026 DATED: January -z_.,(5 , 2026 DATED: January __ , 2026 DATED: Januaiy __ , 2026 DATED: January __ , 2026 OCT A VIA WHEELER, an individual ~ TIMOTHY WILDER, an individual Q a-imld)ddvi- @c;N WILDER, an individual THE CITY OF CARLSBAD By:--=~----Qj__2 _, ~-- GEOFF PATNOE Its: City Manager AMERICAN GEOTECHNICAL, INC. By:---------- American Geoteclmical, 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: DATED: January '2-2--, 2026 Dated: JanuarJ /, 2026 Dated: January'L..~ 2026 CITY OF CARLSBAD By: ~ IS ktuli~ Cindie K.. McMahon, Esq. City Attorney DEAN GAZZO ROIST A CHER, LLP for the City of Carlsbad Page 15 of 15 DATED: January~ • 2026 1 This signature is incorporated by reference on page 15, appearing beneath OCTAVIA WHEELER's signature, and above TIMOTHY 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 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: ____________ _ GEOFF PATNOE Its: City Manager AMERICAN GEOTECHNICAL, INC. By:--------- American Geotechnical, Inc. BURNS & WIMER CONSULTING, LLC By: _______ _ Bums & Wimer Consulting, LLC GUKO CONTRACTING & ESTIMATING, INC. By: 1 \.. .{\. \_ \..( 1____( \ 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: ____________ _ GEOFF P ATNOE Its: City Manager AMERICAN GEOTECHNICAL, INC. By:--------- American Geotechnical, Inc. BURNS & WIMER CONSULTING, LLC ,1 ~ ./\ ---~ ~ By: _I_ IJV'O'Y __ rc,a..., ____ _ 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 Wio26 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 14 of 15