HomeMy WebLinkAboutKING, William L and Susanne H et al; 2026-01-21;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 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. MESSIG and GINA M. MESSIG, individuals; DEBORAH NAVARRO, as
TRUSTEE OF THE DEBORAH NA VARRO 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 FAMILY 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 KA TIE 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; DAVID 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 Paiiies."
RECITALS
A. In or about 2002-2003, the City began the process ofrelocating a p01iion 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 dive1ied, changed, and/or modified the surface/underground
water, or created a condition where excess water began to impact their prope1iies, and the
homeowners association common areas surrounding their prope1iies. The Plaintiffs perfonned
inspections and testing and engaged expe1is 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 paiiies ("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 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 Comi
(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
eff01is 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 confinnation of receipt 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', expe1is' 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, finns or
corporations now, previously or hereafter affiliated in any manner with any of the above
("Released Paiiy") 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 pmiy, Released Party or its insurer, or could have made against
the other party, Released Paiiy 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 eve1y 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 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 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 inf01med 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 HA VE 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 perfonnance 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 tlu·eatened against or affecting
Settling Party that will directly affect Settling Party's ability to perfonn this Agreement.
3. Counsel. Each paiiy 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 wan-ant and represent that the
execution of this Agreement and the consummation of th_e 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 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, wan-anties, 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 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 counterpaiis 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 Paiiies 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, tenns 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 Prope1iy. 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 prope1iy 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
Prope1iies 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 Prope1iies.
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 Cami, 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 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 refe1Ted
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, aclmowledge
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-party 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 Pa1iies 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;):) , 2026
SUSANlfA: KING
as TRUSTEE OF THE KING FAMILY TRUST
DATED: January-2:l_, 2026
DATED: January ll__, 2026
DATED: January 1.-S '2026
DATED: January 'ZS '2026
DATED: January~, 2026
DATED: January~; 2026
DATED: January~~ 2026
DATED: January JJ-', 2026
DATED: January.3.i___, 2026
DATED: January~, 2026
DATED: January_1.L, 2026
DATED: January ___ ~, 2026
C~dual
CLINE, an ~vidual
STEVEN E. CRUZ, an individual
ANDREA L. GAMBLE, an individual
DINA SCHNEIDER, an m 1v1 ua
LAURE~an individual
£~H~
Page 8 of 15
DATED: January~, 2026
DATED: January~, 2026
DATED: January_l_L, 2026
DATED: January 2-( , 2026
DATED: January Z/Y, 2026
DATED: JanuarylL_, 2026
DATED: January~, 2026
DATED: January_1L, 2026
DATED: January 2-,\ , 2026
DATED: January___.1.l___, 2026
SCOTT S. HANCOCK, as TRUSTEE FOR THE
HANCOCK DECLARATION OF TRUST
--~srn HANCOCK, as TRUSTEE FOR THE
HANCOCK DECLARATION OF TRUST
THOMAS E. HOLLENBECK, an individual
R~~STEEOFTHE
KEEFE ROBERT W. JR. AND TAMARA E.
LIVING TRUST
Qf~s~HE
KEEFE ROBERT W. JR. AND TAMARA E.
LIVING TRUST
~EEOFTHE
KRAKOWSKY-VIRDEN TRUST
~k Qs ~ DEN, as.,TRUSTEE OF THE
KRAKOWSKY-VIRDEN TRUST
Page 9 of 15
DATED: January 2.4 , 2026
DATED: January_2_L__, 2026
DATED: January_2:::l_, 2026
DATED: January_2J_, 2026
DATED: January_a_i_, 2026
DATED: January~, 2026
DA TED: January .l{-, 2026
DATED: January__1_L, 2026
DATED: January~, 2026
DATED: January~, 2026
~~~~
FRANCES MARlLYNMRTINEAU, an individual
DO L S W. McBAIN, as TRUSEE OF THE
DOUGLAS AND EMILIE McBAIN LIVING
TRUST
IEE. McBAIN, as TRUSEE OF THE
UGLAS AND EMILIE McBAIN LIVING
TRUST
C
1AM. MESSIG, an individua
BORAH NAVAR 0 , as TRUSTEE OF THE
EBORAH NAVARRO LIFE TRUST
Page 10 of 15
DATED: January ~/ , 2026
DATED: January~, 2026
DA TED: January d.., t , 2026
DATED: January_ld_, 2026
DATED: Januaryi0 / , 2026
DATED: January~2026
DATED: January..2.2_,2026
DATED: January_2___!_, 2026
DATED: Januar~.f\ , 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
ff~4~ TRUSTEE OF THE
PRICE FAMILY TRUST
s TRUSTEE OF THE
PRICE FAMILY TRUST
' an individual
Page 11 of 15
DATED: January~, 2026
DA TED: January -2:..l_, 2026
DATED: January~, 2026
DATED: January~, 2026
DATED: January 2-/ , 2026
DATED: JanuaryL '5 , 2026
DA TED: January~, 2026
DATED: January ___ll_, 2026
DATED: January2_!_, 2026
DATED: January~, 2026
L0ROSGEN, as TRUSTEE OF THE ROSGEN
FAMILY LIVING TRUST ~ as TRUSTEE OF THE
ROS GEN FAMILY LIVING TRUST
D
NICHOLAS SERINIS, n individual
QROL YN ,._,,u-=,.,....,,,
_A~__,__\',.4~J~ ~~.A ~~-~
SUSANK. SHAW, ~s TRUSTEE F THE SUSAN J ~
K. SHAW UST
~'I"---_ D~ TRUSTEE OF THE SMITH
FAMILY TRUST
Page 12 of 15
DATED: January :Z / , 2026
DATED: January~, 2026
.' .-12..1--2-~
DATED: January_l _, 2026
DATED: January__fl_, 2026
DATED: January_Q__L_, 2026
DATED: Januaryli_, 2026
DATED: January~, 2026
DATED : January~, 2026
DATED: January.::1J_, 2026
SPE ~SMITH, as TRUSTEE OF THE SMITH
FAMILY TRUST
KAT EEN SMITH, as TRUSTEE OF THE
SMITH FAMILY TRUST
(i?,4~ £:,~
RICHARD SMITH, as TRUSTEE OF THE SMITH
FAMILY TRUST
KATIB SWANSON, an i1;;t'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: January 2 / ~ 2026
2 trr DATED: January~, 2026
DATED: January 22n~2026
DATED: January 2-8 , 2026
DATED: January __ , 2026
DATED: January __ , 2026
DATED: January __ , 2026
OCT A VIA WHEELER, an individual
c3 • \.____.--2--
TIMOTHY WILDER, an individual
THE CITY OF CARLSBAD
By:_~~ru_2 _, ~--
GEOFFPATNOE
Its: City Manager
AMERICAN GEOTECHNICAL, INC.
By: ----------
American Geotechnical, Inc.
BURNS & WIMER CONSULTING, LLC
By: ---------
Burns & Wimer Consulting, LLC
GLIKO CONTRACTING & ESTIMATING, INC.
By: ---------
Gliko Contracting & Estimating, Inc.
Page 14 of 15
APPROVED AS TO FORM:
DATED: January Z~, 2026
Dated: Januar~/, 2026
Dated: Januar/l...~ 2026
CITY OF CARLSBAD
By: ~tJ&;c_,, )( Jfdf:dl1:~
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 ac; . 2026
1 This signature is incorporated by reference on page 15, appearing beneath OCTAVIA
WHEELER's signature, and above TIMOTIIY 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
GLIKO CONTRACTING & ESTIMATING, INC.
. . ( C . (0 • ,. By: , \.. :C·\. 1. .... , L ... \ ·~.( e o
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 PATNOE
Its: City Manager
AMERICAN GEOTECHNICAL, INC.
By:---------
American Geotechnical, Inc.
BURNS & WIMER CONSULTING, LLC
(l ~ _I\ _A_ ' ~ By: f VJ'(.l{V'UL/ ---------
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 ~026
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
BURNS & WIMER CONSULTING, LLC
By: _______ _
Burns & Wimer Consulting, LLC
GLIKO CONTRACTING & ESTIMATING, INC.
By: _______ _
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