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2013-06-18; City Council; 21271; Vacate portion of Van allen Way STV 11-01
CITY OF CARLSBAD - AGENDA BILL 10 AB# MTG. 21,271 06/18/13 DEPT. CED TO VACATE A PORTION OF VAN ALLEN WAY, FROM FARADAY AVENUE TO ITS NORTHERLY TERMINUS, STV 11-01 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and ADOPT Resolution No. 2013-157 APPROVING vacation of a portion of Van Allen Way, from Faraday Avenue to its northerty terminus, STV 11-01. Van Allen Way is generally located north of Faraday Avenue, west of College Boulevard. ITEM EXPLANATION: The portion of Van Allen Way to be vacated extends approximately 530 feet north from Faraday Avenue. All three (3) property owners fronting Van Allen Way, north of Faraday Avenue have requested the vacation of Van Allen Way, originally dedicated per Parcel Map No. 17971. The property owners are: 1) The GC Net Lease (Carlsbad) Investor, LLC, owner of Parcel 1 of Parcel Map No. 17971, 2) Mararisk Carlsbad, LLC, owner of Parcel 2 Parcel Map No. 179711, and 3) Life Technologies Corporation (Life Technologies), owner of Parcel A of ADJ 540. Since Van Allen Way is currently improved, vacating this street this will result in Van Allen Way, north of Faraday Avenue, becoming a private street. On May 7, 2013, the City Council adopted Resolution No. 2013-125 declaring its intention to vacate a portion of Van Allen Way from Faraday Avenue to it northerly terminus. This public hearing is set forth to hear all persons interested in or objecting to the proposed street vacation. Background Van Allen Way was dedicated and constructed around 1997 as part of The Carlsbad Spectrum project to serve those parcels fronting Van Allen Way created by Parcel Map No. 17971. Although there were 4 parcels originally created by Parcel Map No. 17971, in 1998, Parcels 3 and 4 were consolidated into one parcel as Parcel A of ADJ 540 recorded as document no. 1998-0696720. This consolidation resulted in three properties fronting that portion of Van Allen Way to be vacated (Parcels 1 and 2 of Parcel Map 17971 and Parcel A of ADJ 540). In June 2011, the city planner conditionally-approved an amendment to a non-residential Planned Unit Development application for Life Technologies, PUD 09-02(B). Among the conditions, the Developer must obtain approval of a street vacation to vacate a portion of Van Allen Way to make it a private street. This request includes a private maintenance agreement addressing the street maintenance of Van Allen Way from Faraday Avenue to its northerly terminus (Exhibit 3), which will record against the properties. Since Van Allen Way contains existing public utilities, an easement will be reserved over Van Allen Way for public utility and access purposes. Utility companies and pertinent City departments have DEPARTMENT CONTACT: Jeremy Riddle at 760-602-2737. ieremv.riddle@cartsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • Page 2 been notified of the proposed street vacation, and no objections were received. In accordance with Sections 8333 and 8334 of the State of California Streets and Highways Code, and staff is recommending that the Council approve the vacation of a portion of Van Allen Way from Faraday Avenue to its northerly terminus. ENVIRONMENTAL IMPACT: The proposed easement vacation does not qualify as a "project" under the California Environmental Quality Act (CEQA) per Public Resources Code Section 21065 and State CEQA Guidelines Section 15378 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. FISCAL IMPACT: That portion of Van Allen Way, north of Faraday Ave was granted to the City for a no fee cost acquisition and the City will vacate said nght-of-way for a no fee cost return to the property owner. The owner has paid the standard fee for processing this vacation. Approval of this vacation will result in a nominal cost savings as the street maintenance for Van Allen Way is transferred to the property owners. EXHIBITS: 1. Resolution No. 2013-157 to vacate a portion of Van Allen Way, from Faraday Avenue to its northerly terminus, STV 11-01. 2. Location Map. 3. Private Maintenance Agreement EXHIBIT 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION NO. 2013-157 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO VACATE A PORTION OF VAN ALLEN WAY, FROM FARADAY AVENUE TO ITS NORTHERLY 4 TERMINUS, STV 11-01 WHEREAS, the three property owners fronting Van Allen Way, north of Faraday Avenue have requested this portion of Van Allen Way be vacated. The three property owners are: 1), The GC Net Lease (Carlsbad) Investor, LLC, owner of Parcel 1 of Parcel Map No. 17971, 2) Mararisk Carlsbad, LLC, owner of Parcel 2 Parcel Map No. 17971, and 3) Life Technologies Corporation, owner of Parcel A of ADJ 540 per Certificate of Compliance, recorded as document no. 1998- 0696720; and WHEREAS, in June 2011, the city approved a development application for Life Technologies, PUD 09-02(B), subject to city council approving a street vacation for Van Allen Way from Faraday Avenue to its northerly terminus; and WHEREAS on May 7, 2013, City Council approved a resolution of intention to vacate a portion of Van Allen from Faraday Avenue to its northerly terminus; and WHEREAS, the property owners fronting Van Allen Way, north of Faraday Avenue, have executed a private maintenance agreement addressing maintenance of that portion of Van Allen Way being vacated; and WHEREAS, the city engineer has determined that this portion of Van Allen Way, located north of Faraday Avenue, is not required for present or future public street purposes; and WHEREAS, the city engineer has determined that, due to existing public utilities located 23 in Van Allen Way, an easement for public utility and access purposes will be reserved over that 24 portion of Van Allen Way to be vacated, and 2g WHEREAS, Utility companies and pertinent City departments have been notified of the 2g proposed easement vacation and no objections have been received, and 2y WHEREAS, a duly noticed public hearing was held on June 18, 2013. 28 \\\ 3 6 7 8 9 10 11 12 13 14 15 16 17 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California, as follows: 3 1. That the above recitations are true and correct. ^ 2. That the proceedings for this street vacation are conducted pursuant to the ^ California Streets and Highways Code, Division 9, Part 3, Chapter 3. 3. That the existing street improvements located in said easement will become privately maintained as provided for in the private maintenance agreement that will record against the properties per the conditions for PUD 09-02(B). 4. That the easements and rights necessary to maintain, operate, replace, remove or renew in-place public utility facilities are reserved and excepted from the vacation. 5. That it is Council's said intention to vacate, for public street purposes, a portion of Van Allen Way from Faraday Ave to its northerly terminus as more properly descnbed in the attached legal description and plat. 6. That the City Clerk is directed to record this resolution, the attached legal description and plat in the Office of the County Recorder of San Diego County. 7. That upon the date this resolution is recorded in the County Recorder's Office, the area being vacated no longer constitutes a public street. 19 20 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Special Meeting ofthe City Council of the City of Cartsbad on the 18*"^ day of June, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. ^TT^AALC, Mayor MA ATTEST: BARBARA ENGLESgN, City Clerk EXHIBIT "A" LEGAL DESCRIPTION STREET VACATION STV 11-01 All of Van Allen Way, as dedicated per Parcel Map 17971, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of said San Diego County on December 24, 1997 as File No. 1997-0656621, of Official Records, described as follows: BEGINNING at the Southeasterly Corner of Parcel 2 of said Parcel Map, said point also being a point on the Northerly Right of Way line of said Van Allen Way; thence along the Right of Way of said Van Allen way.the following courses: North 63°44'17" East 92.74 feet to the beginning of a tangent curve concave Northwesterly and having a radius of 90.00 feet; thence along said curve Northeasterly 29.42 feet through a central angle of 18°43'50"; thence tangent from said curve North 45°00'27" East 50.00 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 60.00 feet; thence along said curve Southeasterly, Southerly and Southwesterly 227.73 feet through a central angle of 217°27'41"; thence tangent from said curve South 82°28'08" West 50.00 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 90.00 feet; thence along said curve Westerly 29.42 feet through a central angle of 18°43'51"; thence tangent from said curve South 63M4'17" West 158.87 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 264.00 feet; thence along said curve Southwesterly 125.35 feet through a central angle of 27°12'19"; thence tangent from said curve South SS^Sl'SS" West 55.85 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 25.00 feet; thence along said curve Southerly and Southeasterly 42.19 feet through a central angle of 96°40'53" to a point of cusp with a curve concave Southwesterly and having a radius of 1242.00 feet, a radial line of said curve from said point bears South 29°5r05" West, said curve being the Easterly right of Way line of Faraday Avenue (84.00 feet wide), as shown on said Parcel Map; thence along said Right of Way line and said curve Northwesterly 121.29 feet through a central angle of 05°35'44" to a point of cusp with a curve concave Northwesterly and having a radius of 25.00 feet, a radial line of said curve from said point bears North 24°15'21" East; thence leaving said Easterly Right of Way line of Faraday Avenue along said curve Page 1 of 2 Easterly and Northeasterly 33.91 feet through a central angle of 77°43'23"; thence tangent from said curve North 36°3r58" East 76.22 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 336.00 feet; thence along said curve Northeasterly 159.54 feet through a central angle of 27°12'19"; thence tangent from said curve North 63°44'17" East 66.13 feet to the POINT OF BEGINNING. CONTAINING 0.991 Acres, More or Less This description was prepared by me or under my direction Gregory A. Helmer LS 5134 RBF CONSULTING 9755 Clairemont Mesa Boulevard, Suite 100 San Diego, California 92124 JN 25-103648 June 28, 2011 Page 2 of 2 S29-51 EXHIBIT 'B' STV 11-01 2-130-45 ^27 P.O.B. APN 212-130-44 A=18'43'50" R=90.00' L=29.42' N45'00'27"E 50.00' S36'31 58 W 55.85' BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS DRAWING IS THE EASTERLY LINE OF PARCEL 2 OF PARCEL MAP NO. 17971 I.E. N54*09'07"W. REFERENCE DRAWINGS PM 17971 LEGEND V S82°28'08"W APN 212-130-49 P.O.B. (R) INDICATES STREET VACATED. AREA = 0.991 AC. INDICATES POINT OF BEGINNING INDICATES RADIAL PROJECT: PUD 09-02(B) PREPARED BY: ••^^^•^••••r PLANNING • DESIGN • CONSTRUCTION RBF • 9755 CLAIREMONT MESA BOULEVARD, SUFTE 100 " • • • SAN DIEGO, CAUF=ORNIA 92124-1324 CONSULT INt3 858.614.5O0O • FAX 858.614.5001 • wwwBBF.com REQUESTED BY: M I tec! technoloqie DWG. STV 11-01 A.P.N. SW 11-03 DATE 6/29/11 EXHIBIT 'B' H: \PDATA\25104481 \CADD\MAPPING\EXHIBITS\4481 -EXHOI -VACA.DWG GLINDQUIST 6/28/2 LOCATION MAP EXHIBIT 2 {^SALK AVE. NOT TO SCALE VICINITY MAP NOT TO SCAU SITE PROJECT NAME STREET VACATION (VANALLEN WAY) PROJECT NUMBER STV 11-01 EXHIBIT RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, CaHfomia 92008-1989 ) EXHIBITS Space above this line for Recorder's use Assessor's Parcel Nos. 212-130-44,212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies SECOND AMENDED AND RESTATED RECIPROCAL PARKING, ACCESS and EASEMENT AGREEMENT This Second Amended and Restated Reciprocal Parking, Access and Easement Agreement rAGREEMENT"^ is entered into as of September 25, 20X2 by (i) MARARISK. CARLSBAD, LLC, a Delaware limited liability company rMararisk"! (ii) THE GC NET LEASE (CARLSBAD) INVESTORS, LLC, a Delaware limited liability company ("GCNet"), and (iii) LIFE TECHNOLOGIES CORPORATION, a Delaware corporation (formerly known as Invitrogen Corporation) ("OFE")- Mararisk, GC Net and LIFE are sometimes collectively hereinafter referred to individually as an "Owner" and collectively as the "Owners." Upon any assignment of this AGREEMENT by Mararisk, GC Net and/or LIFE as permitted by this AGREEMENT, such assignee shall be deemed individually as an Owner hereunder and collectively as one of the Owners herexmder. RECITALS A. Owners are the fee owners of real property in the City of Carlsbad ("Citv"), County of San Diego, State of Califomia, more particularly described in Exhibit A attached hereto and incorporated by this reference. B. Mararisk is the fee owner of that certain real property located at 5791 Van Allen Way, Carlsbad, California, and more particularly described on Exhibit B attached hereto (the "Mararisk Parcel"). LIFE leases the Mararisk Parcel pursuant to that certain Standard Industrial Lease dated November 9, 2007, as amended (the "Mararisk Parcel Lease"). C. GC Net is the fee owner of that certain real property located at 5781 Van Allen Way, Carlsbad, Califomia, and more particularly described on Exhibit C attached hereto (the "GC Net Parcel"). GC Net is the successor in interest to a co-tenancy ownership group by virtue of GC Net's acquisition of the GC Net Parcel by grant deed recorded on or about May 13, 2011. LIFE leases the GC Net Parcel pursuant to a certam Lease Agreement dated February 8,200.6, as amended (the "GC Net Parcel Lease"). D. Life is the fee owner of that certain real property located at 5792 Van Allen Way, Carlsbad, Califomia, and more particularly described on Exhibit D attached hereto (the "LIFE Parcel"). WEST\223{)91116.8 \0 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies E. The GCNet Parcel, the Mararisk Parcel and the Life Parcel are sometimes hereinafter referred to collectively as the "PMcels." F. The Parcels, as presently improved, are depicted on the site map attached hereto as Exhibit E (the "Site Map"). The GC Net Parcel is improved with a single building (identified as the "GC Net Building") containing approximately 339,399 square feet. G. The Mararisk Parcel is improved with a single building (identified as the "Mararisk Building") containing approximately 81,059 square feet. H. The LIFE P.arcel is not yet improved with any building improvements, but it does have parking lot improyements covering a portion of it. I. LIFE uses the- existing buildings for a variety of commercial uses including office and support, bio-industrial research and development, manufacturing, warehouse and distribution, all of which comply with the Carlsbad Research Center Specific Plan, SP-180F, C-M (Heavy Commercial) Zone regulations, and the PI (Planned Industrial) General Plan Land Use designation. I In 2009, the City approved the planned development of the Parcels pursuant to the terms and conditions of that certain Non-Residential Planned Development Approval letter (PUD 09-02) dated May 4, 2009 (the "Planned Development Approval Letter"). K. A certain Reciprocal Parking, Access and Easement Agreement, satisfying Condition Nos. 20 and 33 of the Conditions of Approval set forth in the Planned Development Approval Letter was recorded in the San Diego County real estate records against tiie Parcels on January 21, 2010 as Document No. 2010-0029857 (tiie "Reciprocal Parking, A.ccess and Easement Agreement). L. After tiie recording of the Reciprocal Parking, Access and Easement Agreement, LIFE obtained approval firom the City to construct on the LIFE Parcel (i) an amenity building consisting of approximately 70,500 square feet (which has not been constmcted as of tiie date of tiiis Agreement) and (ii) additional parking spaces on the LIFE Parcel as contemplated by tiiat certain Non-Residential Planned Development Permit Amendment Approval letter [PUD 09-02(A)] dated January 26, 2010 (tiie "PUD 09-02rA) Approval Letter") and subsequent Consistency Determination, CD 10-04. M. A certain Amended and Restated Reciprocal Parking, Access, and Easement Agreement, satisfying Condition No. 17, 23, and 36 of tiie PUD 09-02(A) Approval Letter, was recorded in the San Diego County real estate records on September 21, 2010 as Document No. 2010-0499652 (the "Restated Reciprocal Parking. Access and Easement Agreement"). N, After LIFE completes the constmction of the amenity building and related parking improvements, the combined number of parking spaces for tiie parcels is required to comply with tiie City of Carlsbad's minimum parking requirements (reflecting tiie benefit of tiie 15% reduction allowed per tiie PUD 09-02(A) Approval Letter) applicable to tiie Parcels pursuant to the Carlsbad Research Center Specific Plan, SP-180F and CMC Chapter 21.44. WEST\223091116.8 n Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies 0. The Parcels are located adjacent to each other and access to tiie lots is achieved via Van Allen Way. P. It is the intent and desire of tiie Owners to convert Van Allen Way from a public street to a private street by seeking a public street vacation. Q. The City's willingness to vacate Van Allen Way is conditioned upon, among other tilings, an amendment to PUD 09-02(A) as contemplated by tiiat certain Non-Residential Planned Development Permit Amendment Approval letter [PUD 09-02(B)] dated June 30, 2011 (tiie "PUD 09-02(B) Approval Letter") R. As a condition to the City's approval of tiie PUD 09-02(B), tiie City is requiring certain amendments to the Restated Reciprocal Parking, Access and Easement Agreement. S. This Agreement is intended to satisfy Conditions No. 12, 13, 15 and 20 of tiie PUD 09-02(B) Approval Letter by amending and restating tiie Restated Reciprocal Parking, Access and Easement Agreement. NOW, THEREFORE, the Owners covenant and agree to the terms as follows: 1. Reciprocal Vehicular and Pedestrian Easements. 1.1 Mararisk Parcel. Mararisk hereby grants and conveys to GCNet and LIFE and to their respective successors and assigns, and GC Net and LIFE hereby accept from Mararisk, a permanent, non-exclusive easement for vehicular and pedestrian access to and fi-om the GC Net Parcel and LIFE Parcel upon, over and across those portions of the Mararisk Parcel improved for tiie passage of vehicles and pedestrians, as shown on the Site Map, such tiiat ingress and egress between tiie GC Net Parcel and LIFE Parcel and Main Entrance Driveway, Van Allen Way (private road) (as depicted and defined in tiie Site Map) shall be provided over the Mararisk Parcel, for.the-benefit of GCNet and LIFE and their present and future owners, tenants and occupants, and the employees, invitees and customers of such owners, tenants and occupants, of tiie GC Net and LIFE Parcels. This easement for vehicular and pedestrian access includes, without limitation, an easement for ingress and egress upon, over and across tiie Main Entrance Driveway, Van Allen Way (private road) (as depicted on tiie Site Map and Exhibit N attached hereto), the Truck Driveway Connector (as depicted and defined in the Site Map) and any other future driveway and sidewalk connectors for the purpose of vehicular and pedestrian ingress and egress to and from the GCNet Parcel, LIFE Parcel and tiie Mararisk Parcel to the public roadway Faraday Avenue. 1.2 GC Net Parcel. GC Net hereby grants and conveys to Mararisk and LIFE and to their respective successors and assigns, and Mararisk and LIFE hereby accept from GC Net, a permanent, non-exclusive easement for vehicular and pedestrian access to and from the Mararisk Parcel and LIFE Parcel upon, over and across those portions of the GC Net Parcel improved for tiie passage of vehicles and pedestrians, as shown on the Site Map, such that ingress and egress between tiie Mararisk Parcel and LIFE Parcel and Main Entrance Driveway, Van Allen Way (private road) shall be provided over the GCNet Parcel, for tiie benefit of Mararisk and LIFE and tiieir present and future owners, tenants and occupants, and tiie employees, invitees and customers of such owners, tenants and occupants, of the Mararisk and LIFE Parcels, This easement for vehicular and pedestrian access uicludes, without limitation, an WEST\223091II6.8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-0203) - Life Technologies easement for ingress and egress upon, over and across the Main Entrance Driveway, Van Allen Way (private road) (as depicted on the Site Map and Exhibit N attached hereto), the Tmck Driveway Connector and any otiier future driveway and sidewalk connectors for tiie purpose of vehicular and pedestrian ingress and egress to and fi-om tiie GC Net Parcel, LIFE Parcel and tiie Mararisk Parcel to the public roadway, Faraday Avenue. 1.3 LIFE Parcel. LIFE hereby grants and conveys to GCNet and Mararisk and to tiieir respective successors and assigns, and GCNet and Mararisk hereby accept firom LIFE, a permanent, non-exclusive easement for vehicular and pedestrian access to and fi-om the GC Net Parcel and Mararisk Parcel upon, over and across tiiose portions of tiie LIFE Parcel unproved for the passage of vehicles and pedestrians, as shown on the Site Map, such tiiat ingress and egress between tiie GCNet Parcel and Mararisk Parcel and Main Entrance Driveway, Van Allen Way (private road) (as depicted on tiie Site Map. and Exhibit N attached hereto) shall be provided over tiie LIFE Parcel, for tiie benefit of GC Net and Mararisk and their present and ftiture owners, tenants and occupants, and tiie employees, invitees and customers of such owners, tenants and occupants, of tiie GCNet Parcel and Mararisk Parcel. This easement for vehicular access includes, without limitation, an easement for ingress and egress upon, over and across titie Main Entrance Driveway,. Van Allen Way (private road) (as depicted on tiie Exhibit E, Site Map, and Exhibit N, Pedestrian and Vehicular Access, attached hereto), and any future driveway and sidewalk connectors for the purpose of vehicular and pedestrian ingress and egress to and from the GC Net Parcel, LIFE Parcel and tiie Mararisk Parcel to tiie public roadway, Faraday Ave. 2. Parking Spaces. The minimum number of parking spaces required pursuant to Chapter 2144 ofthe Carlsbad Municipal Code shall be accessible, striped, and available at all times for tiie employees and guests ofthe Parcels as shown on tiie Site Map attached hereto as Exhibit E. Each Owner hereby grants and conveys to tiie otiier Owners and to tiieir respective successors and assigns a perpetual, non-exclusive easement for parking on tiiose portions of each Owner's Parcel improved for parking such that reciprocal parking rights shall exist among tiie Parcels for tiie benefit of tiie Owners and tiieir tenants and occupants, arid tiie employees, invitees and customers of such Owners, tenants and occupants. The Owners and tiieir respective successors in interest shall not constmct or permit the constmction of any stmcture on tiie parking areas within tiie parcels or restripe tiie parking areas, so as to reduce the delineated number of parking spaces shown on tiie Site Map attached hereto as Exhibit E if the effect of such reduction will give rise to a violation of tiie City's minimum parking requirements applicable to the Parcels (without replacing any elimmated parking spaces with at least as many additional parking spaces on such Owner's Parcel as is necessary to Comply witii tiie City's minimum parking requirement applicable to the Parcels) nor shall tiie Owners or their respective successors in interest restrict access to such parking spaces by employees and guests of each of tiie three (3) Parcels. 3. • Cross-Drainage and Utility Easements. 3.1 Mararisk Parcel. Mararisk hereby grants and conveys to GC Net and to their respective successors and assigns, and GC Net hereby accepts from Mararisk, a permanent easement for cross-drainage to and from tiie GC Net Parcel upon, over and across those portions of tiie Mararisk Parcel for the purpose of facilitating tiie estabUshed surface drainage pattem over, and storm pipe system serving, the two Parcels. For the purpose of tiiis paragraph, \VEST\223091116.8 I'b Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies "established" drainage is defined as the drainage pattems existing as of the completion of constmction of grading and improvements identified on City of Carisbad Dwg. No. 462-7A, and which cross-drainage is further depicted on Exhibits F and G attached hereto. 3.2 GC Net Parcel. GC Net hereby grants and conveys to Mararisk and LIFE and to their respective successors and assigns, and Mararisk and LIFE hereby accept from GC Net, a permanent easement for cross-drainage to and from tiie Mararisk Parcel and LIFE Parcel upon, over and across those portions of tiie GCNet Parcel for tiie purpose of facilitating tiie established surface drainage pattem over, and storm pipe system serving, the Parcels, as of tiie completion of constmction of grading and improvements identified on City of Carlsbad Dwg. No. 462-7A, and which cross-drainage is further depicted on Exhibits F, G. H. 1. L and M attached hereto. 3.3 LIFE Parcel. LIFE hereby grants and conveys to GC Net and Mararisk and to their respective successors and assigns, and GC Net and Mararisk hereby accept from LIFE, a permanent easement for cross-drainage to and from the GC Net Parcel and Mararisk Parcel upon, over and across those portions of tiie LIFE Parcel for tiie purpose of facilitating the established surface drainage pattern over, and storm pipe system serving, tiie Parcels, as of tiie completion of construction of grading and improvements identified on City of Carlsbad Dwg. No. 462-7A, and which cross-drainage is fmther depicted on Exhibits H, I and J attached hereto. 3.4 No Interference With Dramage. No Owner shall in any way interfere with or obstmct the established surface drainage pattem over tiie Owner's Parcel from adjoining or otiier Parcels, and in the event it is necessary to change the established drainage over the Owner's Parcel, such Owner shall make adequate provisions for proper drainage. If an Owner determines that it is necessary to change tiie established drainage over such Owner's Parcel, such Owner will give at least ten (10) days prior written notice to tiie affected Owner describmg tiie change, and such Owner shall have a temporary constmction easement over the affected owner's Parcel for the duration of any constmction activity necessary to change the established drainage. Such Owner will use commercially reasonable efforts to minimize any disturbance or inconvenience to the use of all of the Parcels. 3.5 Utilitv Easement in Favor of LIFE. GC Net hereby grants and conveys to LIFE and to its respective successors and assigns, and LIFE hereby accepts from GC Net, a permanent easement for underground electrical lines for the site lighting of the parking area located on the LIFE Parcel upon, over and across those portions of the GC Net Parcel for the purpose of facilitating lighting of the parking stalls over tiie Parcels, as of tiie completion of constmction of grading and improvements identified on Exhibit K attached hereto. GC Net reserves the right to relocate, at GC Net's expense, any such underground electrical lines in the future in connection with any improvements hereafter constmcted on, or otiier alterations affecting, tiie GC Net Parcel, and in tiiis regard, GC Net will use commercially reasonable efforts to minimize any disturbance or inconvenience to tiie use of tiie LIFE Parcel. 3.6 Utilitv Easement in Favor of Mararisk. GCNet hereby grants and conveys to Mararisk and to its respective successors and assigns, and Mararisk. hereby accepts from the GCNet, a permanent easement for underground electrical lines for the site lighting of the -parking area .located on tiie Mararisk Parcel upon, over and across those portions of the GC Net Parcel for the purpose of facilitating lighting ofthe parking stalls over tiie Parcels, as of WEST\22309ni6.8 14 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Tecfmologies the completion of constmction of grading and improvements identified on Exhibit K attached hereto. GCNet reserves tiie right to relocate, at GC Net's expense, any such underground electrical lines in the future in connection with any improvements hereafter constmcted on, or otiier alterations affecting, tiie GC Net Parcel, and in tiiis regard, GC Net wiU use commercially reasonable efforts to minimize any disturbance or inconvenience to the use of the Mararisk Parcel. 3.7 Street Lights Witiiin Mam Entrance Driveway. As a consequence of the City's vacating Van Allen Way, the two (2) street lights withm tiie vacated Van Allen Way right of way (tiie location of which are depicted on Exhibit P attached hereto) will become privately owned, with one street li^t reverting to GC Net and the otiier to LIFE as depicted on Exhibit P. Notwitiistanding the reversion of such street lights to GC Net and LIFE, LIFE shall, at its sole cost, operate, maintain, repair and replace tiiese street tights. GC Net hereby grants to LIFE an easement to enter upon the GC Net Parcel for the purpose of maintaming, repairing and replacing tiie street light located on the GC Net Parcel. LIFE will apply for and obtain from tiie City an electrical permit for a new street tight electric meter required m order to supply electricity to these street hghts. 3.8 Storm Drain Facilities. As a consequence of the City's vacating Van Allen Way, the existing storm drainage facilities located within tiie vacated Van Allen Way right of way (i.e., the storm drain easements per Parcel Map 17971 and which drainage facilities are more particularly depicted on Exhibit 0-1 attached hereto) and the drainage easement burdening the GC Net Parcel more particularly described in Exhibit 0-2 and depicted in Exhibit 0-3 and the drainage easement burdening the LIFE Parcel more particularly described in Exhibit 0-4 and depicted on Exhibit 0-5 attached hereto wiU become privately owned, reverting to GC Net and LIFE as depicted on Exhibit 0-1. Notwithstanding tiie reversion of such drainage facilities to GC Net and LIFE, LIFE and GC NET hereby grant an easement to tiie otiier to tiie extent such the GC Net Parcel and LIFE Parcel use such drainage facilities for transmitting storm water runoff into pubhc facilities. LIFE shall, at its sole cost, maintain, repair and replace such storm drain facilities. GC Net hereby grants to LIFE an easement to enter upon the GC Net Parcel for the purpose of maintaining, repairing and replacing such drainage facilities located on the GC Net Parcel and LIFE hereby grants to GC Net an easement to enter upon tiie LIFE Parcel for the purpose of maintaining, repairing and replacing such drainage facilities located on the LIFE Parcel, 4. Maintenance. 4.1 Maintenance of the Shared Parking Areas, the Private Street (Van Allen Way), and Otiier Vacated Improvements. Each Owner shall maintain, repair and replace all paved surfaces, curbs, gutters and sidewalks of the parking areas and driveways, including, without limitation, all driveways, medians and other hardscape improvements, shared utilities, lighting, storm drain facilities, water quality devices, and low impact development features (all of the foregoing collectively referred to as the "Shared Private Improvements") located on its Parcel in a level, smooth and evenly covered condition with the type of materials originally installed or of similar quality, use and durability; provided, however, the Shared Private Improvements shall not include the Main Entrance Driveway. Instead, LIFE shall maintain, repalir and replace all paved surfaces, curbs, gutters and sidewalks comprising the Main Entrance Driveway without any obligation of the other Owners (i.e., the owner of.the Mararisk Parcel and WEST\22309I116.8 16 Assessor's Parcel Nos. 212-130-44,212-130-45 and 212-130-49 PUD O9-O20B) - Life Technologies the owner of tiie GC Net Parcel) to share in, or otiierwise contribute to, the cost of such maintenance, repair and replacement of tiie Main Entrance Driveway. Similarly, LIFE shall maintain, repair and replace the vacated street Hghts and storm drain facilities described in Sections 3.7 and 3.8 above (tiie "Vacated Street Lights and Storm Drain Facihties") witiiout any obligation of tiie other Owners to share in, or otherwise contribute to, tiie cost of such maintenance, repair and replacement. The cost of maintaining, repairing and replacing tiie Main Entrance Driveway and tiie Vacated Street Lights and Storm Drain Facilities shall be tiie obhgation of tiie owner ofthe LIFE Parcel, and as such, the obligation shall "run with tiie land" as more particularly described in Section 7 below and such obligation will survive tiie expiration or sooner termination of tiie Mararisk Parcel Lease and tiie GC Net Parcel Lease. Such maintenance work shall also include, without limitation, placing, keeping in repair, and replacing any necessary approprialte signage and striping lines, curbs and gutters, and street lights, and periodic sweeping and debris removal. As of tiie date of this Agreement, the Main Entrance Driveway, is a fully improved paved roadway, with curbs, gutters and sidewalks. Each Owner shall be liable for the cost of all maintenance, repair and replacement relating to the Shared Private Improvements located on its Parcel. Notwithstanding anything to the contrary contained m tiie foregoing, smce LIFE is tiie sole tenant of the Mararisk Building and tiie GC Net Building pursuant to leases that impose such maintenance and repair costs upon the tenant, LIFE shall be hable for all maintenance and repair costs associated witii tiie Shared Private Improvements masmuch as Mararisk and Griffin have tiie right to "pass-through" to LIFE any costs allocated to tiieir respective parcels under this AGREEMENT so long as the Mararisk Parcel Lease and tiie GC Net Parcel Lease are in effect and provide for tiie right to "pass-through" to LIFE such costs. 4.2 Failure to Maintain. In tiie event that any Owner fails to maintain that portion of tiie Shared Private Improvements located on its Parcel substantially in accordance witii tiie standards described m Section 4.1 f"Non-Maintaining Owner") or LIFE fails to maintain the Main Entrance Driveway or tiie Vacated Street Light-s and Storm Drain Facihties, any other Owner r"Maintaining Owner") may notify the Non-Maintaining Owner of its failure to perform its mamtenance obligations hereunder; such notice to specifically set forth the maintenance which was not perfonned. If, following such notice, the failure to maintain persists for thirty (30) days (or, if such failure cannot be cured v^thin such period, the Non-Maintaining Oymer fails to commence to cure witiun such thirty (30) day period and to proceed dihgently thereafter to complete tiie cure), the Maintaining Owner shall have the right, but not the obligation, to assume responsibility for such maintenance pursuant to the terms of this AGREEMENT. In tiie event tiie Maintaining Owner assumes tiie responsibility of tiie Non- Maintaining Owner as provided herein, tiie Non-Maintaining Owner shall be obligated to reimburse the Maintaining Owner. After the Maintainmg Owner completes the maintenance responsibilities ofthe Non-Maintaining Owner, the Maintaining Owner shall deliver an invoice ("Maintenance Invoice") to tiie Non Maintaining Owner for costs incurred by performing such maintenance ("Mamtenance Expenses") plus a five percent (5%) admmistrative'fee. The Non- Maintaining Owner shall reimburse tiie Maintaining Owner yvitiiin thirty (30) days of receipt of tiie Maintenance Invoice. All Maintenance Expenses not paid for when due shall bear interest at the legal rate. Any claims arising under tiiis Section 4.2 shall be junior and subordinate to tiie lien of any then existing first priority mortgage or deed of tmst. The preceding paragraph to the contrary notwithstanding, a party shall not be entitled to exercise its self-help remedies during the pendency of any legal proceedings involving the dispute in question. Any Owner may request from any otiier Owner an estoppel certificate for the purpose of confirming the absence of any defaults under this AGREEMENT, including without limitation, the absence of any WEST\223091116.8 7 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies failure of the requesting Owner to maintain'that portion of the Shared Private Improvements located on its Parcel or, in tiie case of LIFE, to mauitain tiie Main Entrance Driveway or the. Vacated Street Lights and Stomi Drain Facilities. Any Owner receiving a request for such an estoppel certificate will execute and deliver such an estoppel certificate within tiiirty (30) days after its receipt of a written request tiierefore. 5. Indemnification. 5.1 Liens and Claims. Each Owner shall defend (witii counsel reasonably acceptable to tiie other Owner(s)), indemnify and hold tiie other Owner(s) harmless from and against any mechanics, materiahnens and/or laborers liens, and all costs, expenses, losses and liabilities in connection-tiierewitii, includmg without limitation reasonable attorneys' fees and court costs (collectively, "Claims"), arising out of tiie performance of tiie obligations hereunder by each Owner or its agents, employees, contractors or subconti-actors except to tiie extent any such Claims are caused by tiie gross neghgence, recklessness or willfiil misconduct ofthe other Owner(s) and tiieir Permittees. As used herein, "Permittees" shall mean and refer to each Owner's tenants, subtenants, occupants, employees, contractors, licensees, customers and invitees. Each Owner shaU have the right to obtam and record a surety bond as provided by Califomia Civil Code Section 3143 against any Claims giving rise to any mechanics, materialmen and/or laborers liens affectmg such Owner's Parcel, and tiie Owner faihng to pay for tiie work tiiat gives rise to any such Claims shall reimburse tiie Owner who obtained and recorded such bond for the entire cost of any such bond. 5.2 Indemnification. Each Owner shall indemnify, defend (witii counsel reasonably acceptable to the other Owner(s)), protect, and save tiie other Owners harmless from and against any and all demands, habilities, losses, damages, expenses, causes of action, suits, claims, and judgments, includmg, but not limited to, reasonable attorneys' fees, arising or relating to personal uijuries or property damages arising from the indemnifying Owner's performance of its obtigations hereunder, except to the extent caused by tiie gross negligence, recklessness or willful misconduct of such otiier Owners or such other Owners' Permittees. 5.3 Survival. The provisions of this Section 5 shall survive any termuiation of tins AGREEMENT in whole or in part. 6. Insurance. 6.1 Liability Insurance. In connection with tiie maintenance obligations under Section 4 of tiiis AGREEMENT, each Owner shall at all times maintain or cause to be maintamed in full force and effect a commercial general liability insurance policy (on an occurrence and a per location basis) uisuring against all claims for. personal injury, deatii or property damage occurrmg upon, in or about tiie O-wner's Parcel or as a result of tiie performance ofthe Owner's maintenance obligations hereunder, witii combined suigle limits of at least Two Million DoUars ($2,000,000.00) per occurrence for the respective Parcel, which insurance shall mclude broad form blanket contractual liability coverage covering tiie insured's indemnity obligations hereunder. All such insurance policies shall be issued by a fmanci^ly responsible insurance company or companies authorized and licensed to issue insurance pohcies in tihe State of Califomia. An Owner, if requested in writmg by anotiier Owner, will provide the requesting Owner a certificate of insurance adding as an additional insured the requesting Owner WESTV223 091116.8 n Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies and any lender holding tiie lien of a first priority mortgage or deed of tmst against tiie requesting Owner's Parcel. 6.2 Blanket Insurance. Any insurance required to be carried pursuant to- tiiis Article may be carried under a pohcy or pohcies covering otiier liabilities and locations of an Owner or its affiliated entities; provided, however, tiiat such policy or pohcies apply to the Parcels required to be insured by tiiis Article in an amount not less tiian tiie amount of insurance required to be carried by such Owner witii respect thereto, pursuant to tiiis Article. 7. Covenants Running Witii the Land. The AGREEMENT contained herein shall constitute covenants, the .burdens and benefits of which shall run witii tiie land and bind successive owners of.,, the Parcels. Accordmgly, by tiieh acceptance of a deed or otiier instruments vesting in such owner fee title in tiie any of the aforementioned Parcels, the owner shall own such fee titie subject to, and hereby covenants an'd agrees to be bound by, tiie covenants and obtigations mcumbent upon the owner of such real property as set forth herein and shall be entitied to all rights and benefits accming to tiie owner of such real property hereunder. 8. Amendment and Restatement. This AGREEMENT amends and restates the Amended and Restated Reciprocal Parking, Access and Easement Agreement hi its enthety, and this AGREEMENT replaces and supersedes the Amended and Restated Reciprocal Parking, Access and Easement Agreement. 9. Modification or Termuiation. This AGREEMENT shall not be modified or terminated except by a written agreement approved by the City of Carlsbad and executed by each of the owners ofthe Parcels at the time of the proposed modification or amendment which is to be recorded in tiie Office ofthe County Recorder of San Diego County, Cahfontia. 10. Recordation. This AGREEMENT shah be recorded in tiie Office of tiie County Recorder of San Diego County, Califomia and shall serve as notice to all' future owners and tenants of the Parcels that their use shall- be benefited and/or burdened in tiie manner described herein. WEST\223091I16.8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. LIFE: LIFE TECHNOLOGIES CORPORATION, a Delaware corporation By: Name: ^^P^M A* C?^?^AfCa^AiA^ Titie: C^it^ /?sCCr,rf=r^ NaTne:i::^y^/^"/^ ff6i^¥hY-^{s4^r:. Title: c2.f^,e--f' /—^iTxaf-^cfo. /' WESB223091116.8 10 1^ STATE OF CALIFORNIA ) POT TMTY OF c S^/ /-^ . / J / Q ) Qn'I><gr. I P. ^0/5. , before me, .<S. ^t-yJ-/rD/^ , Notary Public, personally appeared ^ rJl-^/^h A • Go^^'?'^'^^^-^ , , ' who proved to me on tiie basis of satisfactory e-^dence to be tiie person(s). whose naxnei^mQ subscribed to tiie within instrument and acknowledged to me that he/she»^ey executed the same in his/her/tiieir authorized capacity(4©s), and tiiat by his/te/their signature(s) on tiie instrument the person(«), or the entity upon behalf of which the person(-s^ acted, executed tiie instrument, I certify under PENALTY OF PERJURY under the laws of the State of Califomia tiiat the foregoing paragraph is tme and correct. WITNESS my hand and official seal. . S, COLTON If Commission # 1889058 t Notary Pubiic - California i .A-^'ti&^K 1^^^^^ San o'iego County g u —- ^ .^^f^Bss^ My Comm. Expires Jun 9.20141 ^ Signature of Notary Public (Seal) nn STATE OF CALIFORNIA ) ^ ) rOTTNTYOR'^; O JJl^jO ) OnJ>.r-^lf i^Of^ , before me, S.^o/^n , , Notary Public, personally appeared J^^^^^ F'. V-fe-T'yr-y-^^^'^^ > who proved to me on the basis of satisfactory evidence to be the person^ whose name^sXlFafe- subscribed to the witiiin uistmment and acknowledged to me that he/she/tiisy executed tiie same in his/h^?^ir autiiorized capacity(ies-), and that by his/her/their signature(s) on tiie instrument the person(-s), or the entity upon behalf of which the person(s) acted, executed tiie mstrument. I certify under PENALTY OF PERJURY under tiie laws of tiie State of Califomia tiiat tiie foregoing paragraph is tme aiid correct. WITNESS my hand and official seal. *JJ c'pn.'rnu* • • • • Ji^r^^^^ Commission # 1889058 .1 ^ j1 / Notary Public - California. 1 I n JJJ:^1\ 5 i^^^^ San Diego County i y^L-^-^KV^UC^ /'v >^ 4 ^^ggg-^ My Comm. Expires Jun 9. 2014 \ ^ Signature of Notary Public (Seal) ^ ••» ^ • i u . ^ ,,,,,, ,^ Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(8) - Life Technologies Mararisk: MARARISK CARLSBAD, LLC, a Delaware limited liability company By: Wes Uhlman, its Managing Manager By: RobertjQ<^P^ey, [anaguig Manager WEST\223091116.8 11 STATE OF WASHINGTON ) ) SS. COUNTY OF ^^if^H : ) On 1 ' ,2013 before me. Notary Pubhc, personally appeared (jj^^ ^^MJA^^^^ personally known to me to be the person(s) whose name(s) is/are subscribed to the within instmment and acknowledged to me that he/she/they executed the same in his/her/tiieir autiiorized 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 instmment. WITNESS my hand and official seal. Notary Public Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies Mararisk: MARARISK CARLSBAD, Ll a Delaware limited liabiljty^mpany es Uhlman, its Managing Manager Robert C. Penney, its Managing Manager WEST\22309U16.8 11 STATE OF WASHfNGTON CaUXoCT)\0, ) COUNTY OF Pwi-p/Sid-e ) On January Q^^qon before me^ Mfl\efi»<x 14. AiuJard , Mnt^-ryPiih1ir ppr<;nna11v appeared PoK^rV O. PpDn^^ personally known to me to be tiie person(s) whose nameCs^^g^are subscrib^_to the witiun instrument and acknowledged to me tiiat@/she/they executed tiie same in(M§3ier/tiieir autiiorized capacity(ip^), and that by@^er/tiieu- signature(<g5 on the instrument the person(3); or tiie entity upon behalf o-f which the person(^acted, executed the instrument. . WITNESS my hand and official seal. !Jstil MELISSA H. ALWARD { /^^^ Commission # 1960263 | <^^^m Notary Public - California z i^^h^Sv Riverside County j I Ngg^ uurnmm g^piresNov12. 2015t Notary Public l^^m Notary Public- California z ^ zv^sar£«»» Riverside County 2^ Assessor's Parcel Nos, 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies GC NET- THE GC NET LEASE (CARLSBAD) INVESTORS, LLC, a Delaware hmited Hability company WEST\223091116.8 1 2 Tip STATE OF CALIFORNIA COUNTY OF y^^^ri^Les ) On Dgg^gnr^^gy^^^Z/P^/^, before me, _ personally appeared C?Ut-ie /r. t^.^/f^Ers) _, Notary Public, who proved to me on the basis of satisfactory evidence to be tiie person(9>rwhose name(g) is/^ subscribed to the within instrument and acknowledged to me tiiat J^/she/^y executed tiie same in l^/her/tl>^ir authorized capacity(ie^), and tiiat by Iji^er/t^ signature{>y'm tiie mstioiment tiie person(g;f, or tiie entity upon behalf of which the personj^ acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of Califomia tiiat tiie foregoing paragraph is tme and correct. WITNESS ray hand and official seal. Signature of Notary Public (Seal) M.AOLER I Commiifion # 1938139 | Nottry PvMic - CitHornUi z Lot AftQCtM County ^Ujr.nm,n.Bii,«Hl|, 84.20151 Tl Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies PROVED AS TO CONTENT: DON NEU, City Planner APPROVED AS TO FORM CELL\ BREWER, City Attomey OBALDI, City. Attomey WEST\223091116.8 13 Van Allen Way – Street Vacation STV 11-01 Glen Van Peski, Engineering Manager June 18, 2013 1 Van Allen Way – Street Vacation 2 Proposed Street Vacation Van Allen Way – Street Vacation Parcel 2 Parcel 1 Parcel A 3 Van Allen Way – Street Vacation •PUD 09-02(B) condition for vacation •All owners requesting vacation •Street not needed - present or prospective use •Street will be privately maintained •Utility easement reserved for maintenance 4 Recommendation That the City Council ADOPT City Council Resolution No. 2013-157 APPROVING vacation of a portion of Van Allen Way, from Faraday Avenue to its northerly terminus. 5 6