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HomeMy WebLinkAboutPUD 09-02A; Life Technologies/Mararisk Carlsbad/Griffin Capita; 2010-0499652; Parking AgreementF<zs 6 iP Ch1(:aq,o Till£ ~ s· IA/ RECORDING REQUESTED BY AND r ,1 WHEN RECORDED MAIL TO: 1 c)°r City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC ii 201 0-0499652 I 1111111111111111111111111111111 lllll lllll lllll lllll 111111111111111111 SEP 21, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 277.00 WAYS: 5 PAGES: 68 111111111111111111 8767 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies AMENDED AND RESTATED RECIPROCAL PARKING, ACCESS, AND EASEMENT AGREEMENT This Amended and Restated Reciprocal Parking, Access, and Easement Agreement ("AGREEMENT") is entered into as of 5~p,r___;if _, 2010 by (i) MARARISK CARLSBAD, LLC, a Delaware limited liability·comp~isk"), (ii) the undersigned fee owners of the real property defined in Recital C of this Agreement as the Griffin Parcel (which fee owners are identified below in the signature pages and are hereinafter collectively referred to as the "Griffin Group") along with its manager and agent, GRIFFIN CAPITAL CORPORATION, a California corporation, and (iii) LIFE TECHNOLOGIES CORPORATION, a Delaware corporation (formerly known as Invitrogen Corporation) ("LIFE"). Mararisk, Griffin Group 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, Griffin Group 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 hereunder. RECITALS A. Owners are the fee owners of real property in the City of Carlsbad, County of San Diego, State of California, 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. Griffin Group (i.e., the 30 limited liability companies comprising the co-tenancy ownership group) is the fee owner of that certain real property located at 5781 Van Allen Way, Carlsbad, California, and more particularly described on Exhibit C attached hereto (the "Griffin Parcel"). LIFE leases the Griffin Parcel pursuant to a certain Lease Agreement dated February 8, 2006, as amended (the "Griffin Parcel Lease"). WEST\21853695 .4 1 ··::., ;nstrurnent filed for record by Chicago T::.2 ,~ornpany as an accommodation only. It has ncl ::~2r. e:.<amined as to its execution or as to i,s 2,;'.::::;' upon the title Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies D. Life is the fee owner of that certain real property located at 5792 Van Allen Way, Carlsbad, California, and more particularly described on Exhibit D attached hereto (the "LIFE Parcel"). E. The Griffin Parcel, the Mararisk Parcel and the Life Parcel are sometimes hereinafter referred to collectively as the "Parcels." F. Pursuant to Exhibit E attached hereto and incorporated by this reference, the Griffin Parcel is improved with a single building (identified as the "Griffin Building") containing approximately 339,399 square feet along with an associated 837 parking spaces. G. Pursuant to Exhibit E, the Mararisk Parcel is improved with a single building (identified as the "Mararisk Building") containing approximately 74,674 square feet (which LIFE intends to expand to approximately 81,059 square feet) along with an associated 279 parking spaces. H. Pursuant to Exhibit E, the LIFE Parcel will be improved with a single building (identified as the "LIFE Building") containing approximately 70,500 square feet along with an associated 227 parking spaces, a fountain and an outdoor amphitheater. 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. J. The Parcels are located adjacent to each other and access to the lots is achieved via Van Allen Way, an existing public road. K. 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"). L. A certain Reciprocal Parking and Access 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 the Parcels on January 21, 2010 as Document No. 2010-0029857 (the "Reciprocal Parking Agreement"). M. It is the intent and desire of the Owners to share all of the parking spaces and access among the Parcels to allow greater flexibility to comply with the parking requirements for all permitted uses pursuant to the Carlsbad Research Center Specific Plan, SP-180F and CMC Chapter 21.44. N. LIFE desires to construct (i) an amenity building consisting of approximately 70,500 square feet and (ii) additional parking spaces on the LIFE Parcel as contemplated by that certain Non-Residential Planned Development Permit Amendment Approval letter [PUD 09-02(A)] dated January 26, 2010 (the "PUD 09-02(A) Approval Letter") and subsequent Consistency Determination, CD 10-04, dated April 20, 2010. WEST\21853695.4 2 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies 0. The PUD 09-02(A) Approval Letter allows for a fifteen percent (15%) common facilities parking reduction in the required number of parking spaces on the Parcels so long as the Non-Residential Planned Development Amendment Permit remains in effect. The City approved the common facilities parking reduction (pursuant to CMC Section 21.44.090) in the total number of required parking spaces for the LIFE campus situated on the Parcels because the customer service building to be constructed on the LIFE Parcel is intended to serve as a conference center, cafeteria and training center for the employees of LIFE creating an overlap in use which supports the common facilities parking reduction. Any additional intensification of use which requires additional parking requires approval by the City of Carlsbad and MAY require an amendment to PUD 09-02(A) as well as the subject amended reciprocal, parking, access, and easement agreement. P. After LIFE completes the construction of the amenity building and related parking improvements, the combined number of parking spaces for the parcels is required to comply with the final number of parking spaces outlined pursuant to Consistency Determination, CD 10-04. Such number of parking spaces will comply with the City of Carlsbad's minimum parking requirements (reflecting the benefit of the 15% reduction allowed per the PUD 09-02(A) Approval Letter) applicable to the Parcels pursuant to the Carlsbad Research Center Specific Plan, SP-180F and CMC Chapter 21.44. Q. As a condition to the City's approval of the Planned Development Amendment Approval Letter, the City is requiring certain amendments to the Reciprocal Parking, Access, and Easement Agreement. R. This AGREEMENT is intended to satisfy Condition Nos. 17, 23, and 36 of the PUD 09-02(A) Approval Letter by amending and restating the Reciprocal Parking, Access and Easement Agreement to satisfy the City's conditions. 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 Griffin Group and LIFE and to their respective successors and assigns, and Griffin Group and LIFE hereby accept from Mararisk, a permanent, non-exclusive easement for vehicular and pedestrian access to and from the Griffin Parcel and LIFE Parcel upon, over and across those portions of the Mararisk Parcel improved for the passage of vehicles and pedestrians, as shown on the site plan, such that ingress and egress between the Griffin Parcel and LIFE Parcel and Van Allen Way shall be provided over the Mararisk Parcel, for the benefit of Griffin Group and LIFE and their present and future owners, tenants and occupants, and the employees, invitees and customers of such owners, tenants and occupants, of the Griffin Group and LIFE Parcels. This easement for vehicular access includes the Truck Driveway Connector and any other future driveway connectors for the purpose of vehicular ingress and egress to and from the Griffin Parcel, LIFE Parcel and the Mararisk Parcel to the public roadway. 1.2 Griffin Parcel. Griffin Group hereby grants and conveys to Mararisk and LIFE and to their respective successors and assigns, and Mararisk and LIFE hereby accept from Griffin Group, a permanent, non-exclusive easement for vehicular and pedestrian access to and WEST\21853695.4 3 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies from the Mararisk Parcel and LIFE Parcel upon, over and across those portions of the Griffin Parcel improved for the passage of vehicles and pedestrians, as shown on the site plan, such that ingress and egress between the Mararisk Parcel and LIFE Parcel and Van Allen Way shall be provided over the Griffin Parcel, for the benefit of Mararisk and LIFE and their present and future owners, tenants and occupants, and the employees, invitees and customers of such owners, tenants and occupants, of the Mararisk and LIFE Parcels. This easement for vehicular access includes the Truck Driveway Connector and any other future driveway connectors for the purpose of vehicular ingress and egress to and from the Griffin Parcel, LIFE Parcel and the Mararisk Parcel to the public roadway. 1.3 LIFE Parcel. LIFE hereby grants and conveys to Griffin Group and Mararisk and to their respective successors and assigns, and Griffin Group and Mararisk hereby accept from LIFE, a permanent, non-exclusive easement for vehicular and pedestrian access to and from the Griffin Parcel and Mararisk Parcel upon, over and across those portions of the LIFE Parcel improved for the passage of vehicles and pedestrians, as shown on the site plan, such that ingress and egress between the Griffin Parcel and Mararisk Parcel and Van Allen Way shall be provided over the LIFE Parcel, for the benefit of Griffin Group and Mararisk and their present and future owners, tenants and occupants, and the employees, invitees and customers of such owners, tenants and occupants, of the Griffin Parcel and Mararisk Parcel. This easement for vehicular access includes any future driveway connectors for the purpose of vehicular ingress and egress to and from the Griffin Parcel, LIFE Parcel and the Mararisk Parcel to the public roadway. 2. Parking Spaces. Based on the breakdown of uses as identified pursuant to PUD 09-02(A) and subsequent CD 10-04, the minimum number of parking spaces required pursuant to Chapter 21.44 of the Carlsbad Municipal Code shall be accessible, striped, and available at all times for the employees and guests of the Parcels as shown on Exhibit E. Each Owner hereby grants and conveys to the other Owners and to their respective successors and assigns a perpetual, non-exclusive easement for parking on those portions of each Owner's Parcel improved for parking such that reciprocal parking rights shall exist among the Parcels for the benefit of the Owners and their tenants and occupants, and the employees, invitees and customers of such Owners, tenants and occupants. The Owners and their respective successors in interest shall not construct or permit the construction of any structure on the parking areas within the parcels or restripe the parking areas so as to reduce the delineated number of parking spaces shown on Exhibit E if the effect of such reduction will give rise to a violation of the City of Carlsbad's minimum parking requirements applicable to the Parcels (without replacing any eliminated parking spaces with at least as many additional parking spaces on such Owner's Parcel as is necessary to comply with the City of Carlsbad's minimum parking requirement applicable to the Parcels) nor shall the Owners or their respective successors in interest restrict access to such parking spaces by employees and guests of each of the three (3) Parcels. 3. Cross-Drainage and Utility Easements. 3 .1 Mararisk Parcel. Mararisk hereby grants and conveys to Griffin Group and to their respective successors and assigns, and Griffin Group hereby accepts from Mararisk, a permanent easement for cross-drainage to and from the Griffin Parcel upon, over and across those portions of the Mararisk Parcel for the purpose of facilitating the established surface drainage pattern over, and storm pipe system serving, the two Parcels. For the purpose of this WEST\21853695.4 4 Assessor''s Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies paragraph, "established" drainage is defined as the drainage patterns existing as of the completion of construction of grading and improvements identified on City of Carlsbad Dwg. No. 462-7 A, and which cross-drainage is further depicted on Exhibits F and G attached hereto. 3 .2 Griffin Parcel. Griffin Group hereby grants and conveys to Mararisk and LIFE and to their respective successors and assigns, and Mararisk and LIFE hereby accept from Griffin Group, a permanent easement for cross-drainage to and from the Mararisk Parcel and LIFE Parcel upon, over and across those portions of the Griffin Parcel for the purpose of facilitating the established surface drainage pattern over, and storm pipe system serving, the Parcels, as of the completion of construction of grading and improvements identified on City of Carlsbad Dwg. No. 462-7 A, and which cross-drainage is further depicted on Exhibits F, G, H, I and L attached hereto. 3 .3 LIFE Parcel. LIFE hereby grants and conveys to Griffin Group and Mararisk and to their respective successors and assigns, and Griffin Group and Mararisk hereby accept from LIFE, a permanent easement for cross-drainage to and from the Griffin Parcel and Mararisk Parcel upon, over and across those portions of the LIFE Parcel for the purpose of facilitating the established surface drainage pattern over, and storm pipe system serving, the Parcels, as of the completion of construction of grading and improvements identified on City of Carlsbad Dwg. No. 462-7 A, and which cross-drainage is further depicted on Exhibits H, I and J attached hereto. 3.4 No Interference With Drainage. No Owner shall in any way interfere with or obstruct the established surface drainage pattern over the Owner's Parcel from adjoining or other 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 the established drainage over such Owner's Parcel, such Owner will give at least ten (10) days prior written notice to the affected Owner describing the change, and such Owner shall have a temporary construction easement over the affected owner's Parcel for the duration of any construction 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 Utility Easement in Favor of LIFE. Griffin Group hereby grants and conveys to LIFE and to its respective successors and assigns, and LIFE hereby accepts from Griffin Group, 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 Griffin Parcel for the purpose of facilitating lighting of the parking stalls over the Parcels, as of the completion of construction of grading and improvements identified on Exhibit K attached hereto. Griffin Group reserves the right to relocate, at Griffin Group's expense, any such underground electrical lines in the future in connection with any improvements hereafter constructed on, or other alterations affecting, the Griffin Pared, and in this regard, Griffin Group will use commercially reasonable efforts to minimize any disturbance or inconvenience to the use of the LIFE Parcel. 3.6 Utility Easement in Favor of Mararisk. Griffin Group hereby grants and conveys to Mararisk and to its respective successors and assigns, and Mararisk hereby accepts from the Griffin Group, a permanent easement for underground electrical lines for the site WEST\21853695.4 5 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies lighting of the parking area located on the Mararisk Parcel upon, over and across those portions of the Griffin Parcel for the purpose of facilitating lighting of the parking stalls over the Parcels, as of the completion of construction of grading and improvements identified on Exhibit K attached hereto. Griffin Group reserves the right to relocate, at Griffin Group's expense, any such underground electrical lines in the future in connection with any improvements hereafter constructed on, or other alterations affecting, the Griffin Parcel, and in this regard, Griffin Group will use commercially reasonable efforts to minimize any disturbance or inconvenience to the use of the Mararisk Parcel. 4. Maintenance. 4.1 Maintenance of the Shared Parking Areas. 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. Such maintenance work shall also include, without limitation, placing, keeping in repair, and replacing any necessary appropriate signage and striping lines, curbs and gutters, and periodic sweeping and debris removal. Each Owner shall be liable for the cost of all maintenance, repair and replacement relating to the Shared Private Improvements located on its Parcel. A schedule summarizing the number of provided parking spaces on each Parcel thereon is set forth on Exhibit M attached hereto. Notwithstanding anything to the contrary contained in the foregoing, since LIFE is the sole tenant of the Mararisk Building and the Griffin Building pursuant to leases that impose such maintenance and repair costs upon the tenant, LIFE shall be liable for all maintenance and repair costs associated with the Shared Private Improvements on the LIFE Parcel inasmuch as Mararisk and Griffin have the right to "pass-through" to LIFE any costs allocated to their respective parcels under this AGREEMENT so long as the Mararisk Parcel Lease and the Griffin Parcel Lease are in effect and provide for the right to "pass-through" to LIFE such costs. 4.2 Failure to Maintain. In the event that any Owner fails to maintain that portion of the Shared Private Improvements located on its Parcel substantially in accordance with the standards described in Section 4.1 ("Non-Maintaining Owner"), any other Owner ("Maintaining Owner") may notify the Non-Maintaining Owner of its failure to perform its maintenance obligations hereunder; such notice to specifically set forth the maintenance which was not performed. If, following such notice, the failure to maintain persists for thirty (30) days (or, if such failure cannot be cured within such period, the Non-Maintaining Owner fails to commence to cure within such thirty (30) day period, or thereafter fails to diligently proceed to complete the 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 the event the Maintaining Owner assumes the responsibility of the Non-Maintaining Owner as provided herein, the Non-Maintaining Owner shall be obligated to reimburse the Maintaining Owner. After the Maintaining Owner completes the maintenance responsibilities of the Non-Maintaining Owner, the Maintaining Owner shall deliver an invoice ("Maintenance Invoice") to the Non Maintaining Owner for costs incurred by performing such maintenance ("Maintenance Expenses") plus a five percent (5%) administrative fee. The Non-Maintaining Owner shall WEST\21853695.4 6 Assessor"s Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies reimburse the Maintaining Owner within thirty (30) days of receipt of the Maintenance Invoice. All Maintenance Expenses not paid for when due shall bear interest at the legal rate. Any claims arising under this Section 4.2 shall be junior and subordinate to the lien of any then existing first priority mortgage or deed of trust. The preceding paragraph to the contrary notwithstanding, a party shall not be entitled to exercise its seff-help remedies during the pendency of any legal proceedings involving the dispute in question.. Any Owner may request from any other Owner an estoppel certificate for the purpose of confirming the absence of any defaults under this AGREEMENT, including without limitation, the absence of any failure of the requesting Owner to maintain that portion of the Shared Private Improvements located on its Parcel. Any Owner receiving a request for such an estoppel certificate will execute and deliver such an estoppel certificate within thirty (30) days after its receipt of a written request therefore. 5. Indemnification. 5.1 Liens and Claims. Each Owner shall defend (with counsel reasonably acceptable to the other Owner(s)), indemnify and hold the other Owner(s) harmless from and against any mechanics, materialmens and/or laborers liens, and all costs, expenses, losses and liabilities in connection therewith, including without limitation reasonable attorneys' fees and court costs (collectively, "Claims"), arising out of the performance of the obligations hereunder by each Owner or its agents, employees, contractors or subcontractors except to the extent any such Claims are caused by the gross negligence, recklessness or willful misconduct of the other Owner(s) and their Permittees. As used herein, "Permittees" shall mean and refer to each Owner's tenants, subtenants, occupants, employees, contractors, licensees, customers and invitees. Each Owner shall have the right to obtain and record a surety bond as provided by California Civil Code Section 3143 against any Claims giving rise to any mechanics, materialmen and/or laborers liens affecting such Owner's Parcel, and the Owner failing to pay for the work that gives rise to any such Claims shall reimburse the Owner who obtained and recorded such bond for the entire cost of any such bond. 5.2 Indemnification. Each Owner shall indemnify, defend (with counsel reasonably acceptable to the other Owner(s)), protect, and save the other Owners harmless from and against any and all demands, liabilities, losses, damages, expenses, causes of action, suits, claims, and judgments, including, but not limited to, reasonable attorneys' fees, arising or relating to personal injuries or property damages arising from the indemnifying Owner's performance of its obligations hereunder, except to the extent caused by the gross negligence, recklessness or willful misconduct of such other Owners or such other Owners' Permittees. 5.3 Survival. The provisions of this Section 5 shall survive any termination of this AGREEMENT in whole or in part. 6. Insurance. 6.1 Liability Insurance. In connection with the maintenance obligations under Section 4 of this AGREEMENT, each Owner shall at all times maintain or cause to be maintained in full force and effect a commercial general liability insurance policy ( on an occurrence and a per location basis) insuring against all claims for personal injury, death or property damage occurring upon, in or about the Owner's Parcel or as a result of the performance of the Owner's maintenance obligations hereunder, with combined single limits of WEST\21853695.4 7 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies at least Two Million Dollars ($2,000,000.00) per occurrence for the respective Parcel, which insurance shall include broad form blanket contractual liability coverage covering the insured's indemnity obligations hereunder. All such insurance policies shall be issued by a financially responsible insurance company or companies authorized and licensed to issue insurance policies in the State of California. An Owner, if requested in writing by another Owner, will provide the requesting Owner a certificate of insurance adding as an additional insured the requesting Owner and any lender holding the lien of a first priority mortgage or deed of trust against the requesting Owner's Parcel. 6.2 Blanket Insurance. Any insurance required to be carried pursuant to this Article may be carried under a policy or policies covering other liabilities and locations of an Owner or its affiliated entities; provided, however, that such policy or policies apply to the Parcels required to be insured by this Article in an amount not less than the amount of insurance required to be carried by such Owner with respect thereto, pursuant to this Article. 7. Covenant Running With the Land. The AGREEMENT contained herein shall constitute covenants, the burdens and benefits of which shall run with the land and bind successive owners of the Parcels. Accordingly, by their acceptance of a deed or other instruments vesting in such owner fee title in the any of the aforementioned Parcels, the owner shall own such fee title subject to, and hereby covenants and agrees to be bound by, the covenants and obligations incumbent upon the owner of such real property as set forth herein and shall be entitled to all rights and benefits accruing to the owner of such real property hereunder. 8. Amendment and Restatement. This AGREEMENT amends and restates the Reciprocal Parking Agreement in its entirety,, and this AGREEMENT replaces and supersedes the Reciprocal Parking Agreement. 9. Modification or Termination. 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 of the Parcels at the time of the proposed modification or amendment which is to be recorded in the Office of the County Recorder of San Diego County, California. 10. Recordation. This AGREEMENT shall be recorded in the Office of the County Recorder of San Diego County, California and shall serve as notice to all future owners and tenants of the Parcels that their use shall be benefited and/or burdened in the manner described herein. WEST\21853695.4 8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -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: -~--=.c---~---1~-.,....,_._,,~_;._ __ Title: WEST\21853695.4 9 Mararisk: MARARISK CARLSBAD, LLC, a Delaware limited liability company By: Wes Uhlman, / its Managin · anager By: ert C. Penney, ts Managing Manager 8775 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies ST ATE OF CALIFORNIA COUNTY OF Sor> v, e:3cJ ) ) ) On CJU~ ½ ;;;;010 , before me, S. Co/../--on No½,]; ,::::t_;b/1 G , Herc insert Name and Title &fthe Officer (e.g., "~e Doe, Notary Public") personally appeared UOS.eph w .S,e:::.. c_._ond 1cf7 t2T · , who proved to me on the basis of satisfactory evidence to be the perso~ whose nam~are- subscribed to the within instrument and acknowledged to me that he,lshelthey executed the same in his/her/th€ir authorized capacityttes}, and that by his/tter/their signatureEston the instrument the personfsj; or the entity upon behalf of which the person.fst acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Seal) STATE OF CLLI ,£br-n c ClL.! COUNTYOFca...n D,e3 o ) ) ) @ S.COLTON Commission ti 1819058 I _, ....... c-San Diego County • • , , , ,MJ f'!!"?J-!T:S;"!"Jr.2c~:11i On JunL-~ cQ0/0 , before me, S. Cot+on. Not-a..r 'f-, ~bl IL , Here msert Name and Titl~ of the Officer (e.g~"Jane Doe, Notary Public") personally appeared -:Da VI Cl,,, F". t--/o £€cr? I ~-fer , who proved to me on the basis of satisfactory evidence to be the personts, whose name{-s~/ttf@- subscribed to the within instrument and acknowledged to me that he~ey executed the same in hisfl:tef'lthei.-r authorized capacity(~, and that by his/her/their signaturefs}on the instrument the perso~ or the entity upon behalf of which the person("stacted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,I' Signature of Notary Public (Seal) WEST\21853695.4 10 @ S.COLTON Commilllon ti 1819058 San Diego COUllty I -. ....... c_ C C O O U .. ffl"=':lt'!·Jt1tl Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -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: -------------Title: WEST\21853695.4 9 Mararisk: MARARISK CARLSBAD, LLC, a Delaware limited liability company U..,_✓lt~ Wes Uhlman, its Managing Manager By: ~!~-Robert C. Penney, z__ its Managing Manager ST A TE OF /j)f/.5/i/lV (f-LON COUNTY OF KING: On A,,~ i:, .d q, .Zt?L O before me, Sherri L. 1?eed'. personally appeared _ ___.../l),£.....:..U-=--__./.L~J~fl'JJ'""''--'ltldq~+-------------' who proved to me Notary Public, on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon ~\l behalf of which the person(s) acted, executed the instrument. w,s'1;,.,, ton I certify under PENAL TY OF PERJURY under the laws of the State of Califomitt that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Signature of Notary) 6hu-r-/ L. 1<~J 1< u ,Jin:;-ar .f eaf{le- ~ et,rnm i st ior1 e.-x f ,·.,e,,s Rev. 12/17/2007 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -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: -------~------ Title: By: Name: -------------- Title: WEST\21853695.4 Mararisk: MARARISK CARLSBAD, LLC, a Delaware limited liability company By: Iman, anaging Manager By:S~---- Robert C. Penney, its Managing Manager 9 8779 on the basis of satisfactory evidence to be the person( s) ose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Atclk I certify under PENAL TY OF PERJURY under the laws of the State of Galifafflia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. B7so Rev. 12/17/2007 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies sTATE oF C!a 1,fbm 1cc COUNTY OF /_[)~ YJ11cte/e'5::> ) ) ) On -;ru/y7, WI{) , before me, .JD;! Fe{A.-f-h.Qf?-S1QV(.Q., No-JO~ PU/;J/ /~ ' I/ i/1 Here !nsert amc and Tille of the Officer (e.g., "Jane Doe, Nowy Public") personally appeared ,._eu ·a n. et? I el C) $ , who proved to me on the basis of satisfactory evidence to be the person~whose name'81 is/ye subscribed to the within instrument and acknowledged to methat he/s~th~executed the same in hislh/!t!J'1r authoriz~d capacity(i~, and ~at by hislh_silthc# signature-'81 on th~ instrument the person~, or the entity upon behalf of which the person(,{ acted, executed the mstrument. 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. 1••asnaasooosno••••1 • M ..... IIONI COfflllllllllft • I,.... i ...,,... . Culflfflkl I ~ .......... ~ • c a o a8d1111 DllJ!t•J WESl\21853695.4 12 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies Griffin Group: (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must atlach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officers) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statemelil of partnership authorizing the partner to execute this instrument). Griffin Capital (Carlsbad Pointe) Investors, LLC By: Griffin Capital Corporation Its: :A~ PrintName: ~~/ Title: 'I~ ST A TE OF {!a It -fo){_J()/C{ COUNTY OF Lf'£ f4nqt:l6 ) ) ) on ---JV/¥-1, ZOJ{) • before me, 1~u af Ct .PUh I 1 ~ r 1,,,. . Here insc: Name and Title of the Officer (e.g., "Jane , Notary Public personally appeared reu f1 I/. w1·e!CIS , who proved to me on the basis of satisfactory evidence to be the person(»,' whose ~ is/"6 subscribed to the within instrument and acknowledged to me that he/s~~y executed the same in his/t)er/thprr authorized capacity{jes), and that by his/¥r/tl)eir signature(sfon the instrwnent the person(%, or the entity upon behalf of which the personpi, 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. do~i:M~ s· reofNotary Public (Seal) WEST\21853695 .4 13 Assessor's Parcel Nos. 212-130-44,212-130-45 and 212-130-49 Griffin Capital (Carlsbad Pointe) Investor 1, LLC, a Delaware limited liability company By: Croop Enterprises Inc., a California corporation Its: Managing Member By:~~?~ PrintName:f<L~ C--. 0 I-' Title: P~, '1:>61J7: STATE OF _---=C..::.......A...=Ll=-F-=-0....:....,R......,N ....... IA _____ COUNTY OF_..,.,,.· A-=LA"---'-M_E_D_A __ ) ) ) PUD 09-02(A) -Life Technologies On JUL 1 6 2010 I before me, BERMCE K. SCHNEIDER ,U<f)f"'A ~ '1 />IP /Ji..lC-, Here insert Name and Title ofdte Officer (e.k., "Jane Doe, Nota,y Public") personally appeared /GJ C!,.f•vA ~ D C . Cf<..O"t> 'f' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by bis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify wider 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. _-e--,,...__..~Jb_,J Signature ofNotary Public (Seal) WEST\21853695.4 14 IIIIIICIIC. COMM.11880707 t«>TARY PUBLIC • CALFORMt. AJ.NIEDA COUNTY (;omfflllliall~-.n.20t• 8783 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 Griffin Capital (Carlsbad Pointe) Investor 2, LLC a Delaware limited liability company By: The James Edwin Pon Revocable Living Trust Its: Managing Member STATEOF ~'-'~o~w,~ COUNTY OF <s Af'\ ffir\ ~ C) ) ) ) PUD 09-02(A) -Life Technologies On~¼ '12-> ,'l~,o . before me, \+~f\ ~Q_OQ.sDu..c.t ,tb~'/ R>b),c.., \ C_ HPf insert Name and Title of the Officer {e.g., "Jane Doe, Notary Public") personally appeared --:5 . -c ().J..:), Y'\ \"C>Y""' who proved to me on the basis of satisfactory evidence to be the person(s-) whose name(s}is/aFe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ios), and that by his/hctftheir signature(s} on the instrument the person(ft:), or the entity upon behalf of which the person(s}acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. l\vyJ<U ~'i)aoQQjttcX Signature of Notary Public (Seal) WEST\21853695.4 15 8784 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies Griffm Capital (Carlsbad Pointe) Investor 3, LLC a Delaware limited liability company By: 3315 JAJ LLC Its: Managing Member By: ~t~ Print Name: ~ t. ~ Title: ~ STATE OF c <>-. \...\ ~ of\N\f?\ ) ) ) 8785 On ~ 0 e, u s :s: \ l. :i.o , ~ • before me, ~ <\. ().~~ ::3\) \-\N l)(;:. \.. ~ \... '-\" N <'> ··q\ Q ;a ¥' ~ ~ \..., L. 1 Here i~ Name and Title of the Officer {e.g., "Jk 09c. Notary Pub ie") personally appeared ,,\os E,,£\:\ L. t\.N<"6s:.Lu"", ~ \~\li.\;;. \-\, P\W.~i,,\..'E.:C, ~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i&lare subscribed to the within instrument and acknowledged to me that lief site/they executed the same in ~/their authorized capacity(ies), and that by llis/ur/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. 3oocccooeeco:o·eooocooe1 • FRANK JOHN DE LELYS i COMM. #1842484 IJl iu Nataly!'Ullllc>Callro -I NRSllE COUNTY .. , , , , , , , =e=-r-,i~?\t°P.f WEST\2 I 8S3695.4 16 STATE OF C. ~ \... \'f c R :» \ f\ Assessor's Parcel Nos. 212~13044, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies ) ) ) 8786 On ~uCou~ ~ \). 20\C> , before me,£~:§>~\\ -::S:S:,\-\.\~ b"= \..£.\..\..\5 \'\)'\)"'t"\)..~'::\ \>-u lo\...\e,_ 1 Here insert Name and Title of the Officer (e.g., "JIUle Doc, Notary Public") personally appeared .,) cs~~ 'A. '--. ~<";>~\X.'" \ e .,\<?\~S'ls \.\ ,.(?--~ G~ L~"''T" \ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i,,/are subscribed to the within instrwnent and acknowledged to me that lle/slte/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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. WEST\21853695.4 17 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies Griffin Capital (Carlsbad Pointe) Investor 4, LLC a Delaware limitea--1181bt1tll:Y-tliQ.Ulpany By: Print Name: ~~'F/.LJL..---.lL.....C.~74.!Ll.~L.-- Title: STATE OF Gt, -4.~ coUNrY oF ~+.ts Cork On _=a __ ~~/_o.....,/t ....... i~--~• before me, ) ) ) personally appeared ---U,£.....JL.-',L..l..3i~-~......._-4,;;:o:;.....J......:::.1...1.~!r#------------' who proved to me on the basis of satisfactory evi ence to be perso~hose nam~~are subscribed to the within instrument and acknowledged to me that he/~ey executed the same in hi~eir authorized capacity~), and that by hi~/their signature~n the instrument the personC,st,-or the entity upon behalf of which the perso$t acted, executed the instrument. I certify under PENAL TY OF PERJUR. Y under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) WES1\2 I 8S369S.4 18 8787 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies Griffin Capital (Carlsbad Pointe) Investor 5, LLC a Delaware limited liability company By: Print Name: Title: STATE OF CA1.--1 FOKN/1\ COUNTY OF \/ G"N-ru R-A ) ). ) • before me, Jo 1-u.i A. At£XAN t>f:R.-No-r.Aa.1.1 ?uP,ktc Herc insert Name IIJld Title of tho Officer (e.g., "J1111e Doe, Notary Public") personally appeared W I t.,...L,\ At"\ \N , \AJ \ 1,.,s ot-> ----·-------------· ------• who proved to me on the basis of satisfactory evidence to be the person<,) whose name(.c~ subs£ribed to the within instrument and acknowledged to me tha~Jaey executed the same in@_....st!>ef/!b,eif authorized capacity(.ieS), and that by~tbeir signature~) on the instrument the personOO, or the entity upon behalf of which the person(,) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) WEST\21853695.4 19 8788 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 2)2.,.130-49 PUD 09-02(A) -Life Technologies Griffin Capital (Carlsbad Pointe) Investor 6, LLC a Delaware limited liability company By: Print Name: /11/r/UC A: . 1!..0 o .t::.c](. Title: /h efl? JJ& R.. STATE OF -~-'---'°@-+-f_/1_1._C--____ _ COUNTY OF _ _,_f±_et~Y\-0 v:vY~~·---- ) ) ) On Ji.ii" \ t I vf) IO • before me, ,Aiwil Shet 1,-, e, "oiil N •+~'Qi Pl,(_ bl i C, 1 M O Here insert Name and Title oflhc 1ccr (e.g., "Jane , Notary Public") personally appeared pa~r IC. K..Do k'd , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to.me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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. ~2~Se&) WEST\2185369S.4 20 8789 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-13049 Griffin Capital (Carlsbad Pointe) Investor 7, LLC a Delaware limited liability company By: (1 ~ Print Name: __ 7_~....,,. -.7,~c,_;..;N'---"t_R...;,_AJ_f__,;lc-'tt--=------ Title: ,~ 11tcud--1 ~ -~M-\e,)f S"' ~lc,v , L~ C... STA TE OF Ca l l fur(\~, O(_, COUNTY OF NCLp Cl ) )· ) PUD 09-02(A) -Life Technologies JI~ Jo( Qo I D , before me,...:::... C--='=-,.c::::.......!..~___,__-:..........:.::::..µ..--Ef-:-.;_____:_~ personally appeared -..c::-...i..<-:-L.L_.___~L-1-.J'-4--=~-----------_,...,. who p~ved to me ~n ~e. basis of satisfactory evidence to be the m.o_~) whose nam · i are subscnbed to the within mstrument and acknowledged to me tlull!!~h~ey executed the same i~er/their authoriz~ capacity(idf, and ~t b~er/their signatur~ on th~ instrument the ~on¥, or the entity upon be~alf of which the person~ 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. WEST\218536%4 21 8790 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09--02(A) -Life Technologies Griffin Capital (Carlsbad Pointe) Investor 8, LLC a Delaware limited liability company · By: ~Q~~- Print Name: -~ .......... t=-c:-'b-~<l=\ .... -e..,____..~ ...... ~-~ ...... '¥-._.e-___ r __ _ Title: I'\'\ -cm~ STA TE OF Vi '.'.'.:l I nl o:-----' COUNTYOF ~ov1oveK ) ) ) On J lA ly Vlr1 }OIO , before me,~...........,;..-.___...__,.__,_ _____ ""-""· -----+-'----'--'--'-'----'--t--------=-............ ~· 7: A A 17 H c insert Name and Title of the Offi personally appeared /"I ( GVI e [ le KI') ok:v::::::: . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. I certify under PENALTY OF PERJURY under the Jaws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. G.J~ \liignature ofNotary Public (Seal) WEST\21853695.4 22 8791 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 Griffm Capital (Carlsbad Pointe) Investor 9, LLC a Delaware limited liability company By: The Hunt Trust, dated March 18, 1993 Its: Managing Member By: Print Name: Title: STATEOF Ca\~fo,i,vr\Ct. COUNTY OF Co/}{ IZct b5t ,:{ ) ) ) PUD 09-02(A) -Life Technologies On 'JVl;J tP., ~op , before me, 51, f,lt:t ~/ICfln f'~)i~ -=::-~ Here inscn Name and Title the Officer (c. , "Jane Doc, Notary Public:") personally appeared LJ...."t.V£/J tr...Jf ji.,/h , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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. ~ - "" SignaturcofN~ (Seal) WESTl218S369S.4 23 8792 STATE OF [er, I~ WIZYl,vv COUNTY OF {0(}("',&t ~ Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A)-Life Technologies ) ) ) On Jvl7 pt-11 t9>oio , before me, ~ht,"1-S-~/)1 ~ )?-&h-c;, , kJ * Here insett Name and Title: ofihe Officer(e.,..Janc Doc, Notary Public") personally appeared fl/LJ'if 11 ffv/Jf , who proved to me on the basis o s~sfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hapd and official seal. Signature of Notary Public (Seal) WBST\21853695,4 24 8793 Assessor's Parcel Nos. 212-13044, 212-130-45 and 212-130-49 8 79 4 PUD 09-02(A) -Life Technologies Griffin Capital (Carlsbad Pointe) Investor 10, LLC a Delaware limited liability company By: The Amended Michael G. Wilson and Laura E. Renaud-Wilson Living Trust Its: Managing Member By: Print Name: Title: STA rn oF Ct.r&w 11?: J COUNTY OF~N:tM C ~-n1-~ On 'JZ,._ / ti! 1.6fu , before me. bzNit-!l, .)co11 S111~(rl/19,'I/ /1./oT!f~ f' Herc insert N . Title of the Offic:er (~. "Jmte Doe, NQtat¥ P~lic") / v Js L / L personal y appeared I -l.-\..T~ fLJ ON 11 V • iLe/lJ vO-Wl~dN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that h~ey executecfine saine"" in hts.lher/their authorized capacity(ies), and that by h.i&lher/their signature(s).on the instrument the person(s), or the entity upon belialf of which the person{s) acted, executed the instrument. ~ "-- I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. official seal. j aBRADLEY SCOTT ~ARGINS~~ 0 ( • COMM.# 1834149 II) NOTARY PUBLIC-CALIFORNIA (/) CONTRA COSTA COUNTY • 1 MY COMM. 4 :XP JAN; 30-,20~3 1 (Seal) WEST\218S3695.4 25 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies Griffin Capital (Carlsbad Pointe) Investor 11, LLC a Delaware limited liability company By: Hunt Trust, dated November 4, 1998 Its: Managing Member By: Print Name: Title: By: Print Name: Title: STATE OF ~k&rn1~ COUNTY OF <Yo12fr4 (!_() ;s la ) ) ) On // u"' u :s o CJ , before me, ~~-=--=c...L..:.. ......... ~--f.l:'':L-"'-:"'=f:--...,,.,.;.&..::<~:,--L-""'"""'~'-:--",--:::-· _-,-{? IJ._crei person ly appeared I € r f\ · f_ tA Y! who proved to me on e basis of satisfactory ev dence to the person(s} whose name(s) is/~ subscribed to the within instrument and acknowledged to me that hetshe/they executed t1ie same . ----=--in1risAter~ authorized capacity(ies), and that by hisAlcr/their si~ture(s) on the instrument the person(s2, or the entity upon behalf of which the person(s)_acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is tru~ and correct. WITNESS my hand and official seal. ~~-~ Signature of Notary Public {Seal) f... AILEEN M. AMES•( iA COMM.# 1885440 tli. t NOTARY PUSllC•CALIFOlfNIA Ill COIITRA CoaTA Coum • ' MY~-£xpi API. .! ~ WEST\21853695,4 27 8795 Asscssor'.s Paree) Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies Griffin Capital (Carlsbad Pointe) Investor 12, LLC a Delaware limited liability company By: Livernash Family 1990 Exemption Trust B Its: Managing Member By: Print Name: -----------Title: STA TE OF Ca.. Ii C' t> r n i'a COUNTY OF 5 w1-r1 O,e 9 D ) ) ) On J.;/y ta, U)/Q ,beforeme, u,JeldQ,,,. uJ,G,,..,«;v, JJ.. Herc ill$CJt Name and Title of the Officer (e.g., "Jane Doc, Notary Public") personally appeared /{..J,,n,-e.,-,'t"le lJ, J..iu-4,-Altl.Sh , who proved to me on the basis of satisfactory evidence to be the person(s) whose name{s) is/a,e, subscribed to the within instrument and acknowledged to me that Mtshe/~ executed the same in lm/her/their authorized capacity(ies), and that by &i8/her/taeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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. ~;~ 0 0 00 r. 'NELDON w. GRIFFIN 1 0 COWII. • 15g3541 I r N0TMY PUBLIC-CM.IFORNIA MN DIEGO COUNTY I .., eo-. .. oa. 11. 2010 I coaocoooaaoacoaooo WEST\218536115.4 29 8796 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 8 7g? PUD 09-02(A) -Life Technologies Griffin Capital (Carlsbad Pointe) Investor 12, LLC a Delaware limited liability company By: Livernash Family 1990 Exemption Trust B Its: Managing Member By: Print Name: -----------Title: STATEOF~ COUNTY o:-:=1]D ) ) ) On~' • \) '~' \ a 'cte)\ 0. before me•~I\J.\L.~~~~~~~~g ~ !~ ~ ~r(c.g.,"JancDoc, personally appeared~ Q • ~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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. - OFFICIAL SEAL REBECCA L WILDE NOTARY PUBLIC-OREGON COMMISSION NO. 414505 11'1 COMMISSION EXPI~ FEB. 23L 2011 WEST\21853695,4 29 Assessor's Parcel Nos. 212-13044, 212-130-45 and212-130-49 PUD 09-02(A) -Life Technologies Griffin Capital (Carlsbad Pointe) Investor 13, LLC a Delaware limited liability company 8798 By: Print Name: Title: STATEOF lf.N-!tl.An/J COUNTY OF c~~ ) ) ) Her 'nsert ~ and T'itle of the Qffic« (e.g., "Jane Doc, Notay Public'') personally appeared ---••-U · a, A/EiC M who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici Signature ofNotary Public (Seal) ~ A ~e-~'( WES'T\i 1853695.4 30 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies Griffin Capital (Carlsbad Pointe) Investor 14, LLC a Delaware limited liability company By: The Jon Thomas Green Trust Its: Managing Member STATEOF C.0.,.L\FCR:N\~ ) ) ) On ...) '-l \.. '1 1,..t) ] o \ C) , before me, f'." 'c.. ~"' R ' 1 Hcre insertNameandlrtleoflheOfficer(e.g., "Jane Doe, N personallyappeared .Jt>N 'T~:C:>\A.J\S GQ£..s;,N , who proved to me on the basis of satisfactory evidence to be the person(+) whose name(~) is/arc subscribed to the within instrument and acknowledged to me that he/ake/taey executed the same in his/ber/tlieir authorized capacity(ies}, and that by hislAer/Uwif signature(~ on the inStrument the person(~, or the entity upon behalf of which the person(f} 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. WEST\218S3695.4 31 8799 Assessor's Parcel Nos. 212·130-44, 212•130-45 and 212·130-49 PUD 09-02(A) • Life Technologies Griffin Capital (Carlsbad Pointe) Investor 15, LLC a Delaware limited liability company By: Jackmar Realty Corporation By: /,,,A.1/,,t--, ~ Print Name: 0: t lAA,,,. (:;;t, ~ Title: ~~ STATEOF IJ~ COUNTY OF w '> ) ) ) On ¢./10 .' be~reme, ~ ?~ personally appeared / /_,/_,; :--, who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature{s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. hand and official seal. (Seal) WES1i2 I 85369S.4 32 8800 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies Griffin Capital (Carlsbad Pointe) Investor 16, LLC a Delaware limited liability company BT-~/:24-:;t- PrintName: 'R1c-/Jr7.;L-p o. 771,/f Title: .6~/e M~ STATEOF &i;;-J/.A.£L ) COUNTY OF J11a,,·,<._ ~ On Notary Publi~") personally appeared -~3.d:-=L!:..~"--~..:;__.....L.J=GL----------~ who proved to me on the basis of satisfactory evidence to be the person(~ whose name~ is/1Jfe subscribed to the within instrument and acknowledged to me that he/s1fe?~ey executed the same in his/hqf'ltbfir authorized capadty(i~). and that by his/htr!~ir signature<,) on the instrument the person(,'), or the entity upon behalf of which the person(~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /4.IU~ Signature of Notary Public i··················· @ LISA A. WALSMITH Commission # 1769134 l ~ Notary Public -Callfornla ! j Marin County - • ;~ ~ •• ~S°zirr·=~?'cl°U .l WEST\21853695.4 33 8801 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 Griffin Capital (Carlsbad Pointe) Investor 17, LLC a Delaware limited liability company By: Restated Forsyth Trust, dated September 19, 2000 Its: Managing Member ~~Name: d:t., ~7~ Title: 'Tnt,1~ By: Print Name: Title: STATEOF ·CAJ,tor~ COUNTYOF&.o bt~ ) ) ). PUD 09-02{A) -Life Technologies On~ q I)() ..,. . .,...,. . ...,, f ll,,- personally appeared _..,_~JL..L-:=-->~~~=----¥--""'...__.,'"'--4~=.z:'-+"""-w:....:..-1-1-~~-----' who proved to me on the basis ofsatisfactory evidence to be the pers (s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hei'ehe/they executed the same in ~r/their authorized capacity(ies), and that by hieAter/tbeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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. (Seal) WEST\21853695.4 34 8802 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-)30-49 PUD 09-02(A) -Life Technologies Griffm Capital (Carlsbad Pointe) Investor 18, LLC a Delaware limited liability company 8803 By: VELO PARTNERS, a California general partnership, Sole Member By: Sandor Zirulnik and Frances Burgess Trust U/D/f 4/17/06, By: Print Name: -..L..-~,::=..;~z......J~~r-=~ Title: By: Steve and Jennifer Banker, band and wife as community property, general partner By: Print Name: ----,~-",,,J....:f'la,Dll~Lwll=---- Title: By: RIM Sabre Street Associates, LLC, a Delaware limited liability company, general partner By: '!A 15.:..eh~ Print Name: ':t.: ,. · cl tlc. J.. ~ c.---_ Title: _....:..Pl....;.;;..~~--~_µ1-- WES'n2115)69S.4 36 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212wl30-49 PUD 09-02(A) -Life Technologies STATE OF Cffi~Nll;r~ ) ()lJww ) COUNTY OF ) On o:thA tu personally appeared -~.L...:.1,~..;__--....::....zc..:....;..,...,__~-------"'7'-------' who proved to me on the basis of satisfactory evidence to be the perso hose name(n'is/ap( subscribed to the within instnnnent and acknowledged to me that he/stre.,~.Y executed the same in hi~ authorized capacityOeshand that by hi~ignature(s) on the instrument the person_M,' or the entity upon behalf of which the person~ted, executed the instrument. I certify under PENALTY O_F PERJURY wider the laws of the State of California that the foregoing paragraph is true and correct. WI'INESS my hand and official seal. WEST\21853695.4 37 ) ) ). OM~ I 8804 ~bk&- Assessor's Parcel Nos. 21:2-130-44, 212-130-45 and 212~130-49 PUD 09-02(A) -Life Technologies STATEOF ~ COUNTY OF ~--........... --=-.x..>o<...J......,;:;.::=:;...,;;;x;...= __ ) ) ) 8805 On _Ott~~_.._.__\ D _ ___, before me, M;f A,1 I Pv bl i c::..., personally appeared I CA ~:, .. _--:;:..,n:~,"',,;;;;!.~,..~-'------=~~-............ ~!..L-><--'""', L-L-~v iw, J who proved to me on the basis of tisfactory evidence to be the persoIWif whose nam~is/a,c- subscribed to the within instrument and acknowledged to me that ho,sfietffley executed the same in ~er/~ authorized capacity~ and that by ~er/\)lefr signature-Won the instrument the personw;or the entity upon behalf of which the perso~ted, 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. STATEOF ~ COUNTY OF ~ ) ) ) arnc and Title of the Officer (e.g., "Jane Doc: Notary Public") personally appeared · who proved to me on the basis of satisfactory evidence to be the perso~ whose nam~ is/~ subscribed to the within instrument and acknowledged to me that he/~ executed the same in hislhel'1flidrauthorized capacity~ and that by hi~signature~on the instrument the person~ or the entity upon behalf of which the personro acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r ttrt • t ~ltftib&I.,~;rn· l .,.. _ COMM. #1808195 m WI1NESS my hand and official seal. j . ~ ! t.t,Ooamllrp.M.Y11,2D12 WEST\218S3695.4 38 Assessor's Parcel Nos. 212-130--44, 212-130--45 and 212-130-49 PUD 09-02(A) -Life Technologies STATEOF ~~ COUNTYOF ~ 0n _Q___._l_hg~fio~~ ) ) ) lime and Title of the Officer (e.g., "Jane Doe, Notary Public'') personally appeared --'=_,_._.,;_,;;_--"'-',...;._____..,:;,,..,._....._::..=..;=-c. __________ ___, who proved to me on the basis of satisfactory evidence to be the perso~ whose namec»,-is/~ subscribed to the within instrument and acknowledged to me that he/~executed the same in his~eirauthorized capacity(jes), and that by his/J;lef!tberr signatur~ on the instrument the person~ or the entity upon behalf of which the perso~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officiaJ seal. ::::OF~ On 01/ul1Q ) ) ) ere of the Officer (e.g., "Jane Doe, N Public''} personally appeared ___ --:::....,~~.a..u.+Jo:..L...--1:.,,,a.,.:.lLL....ia.OL..------c:----___, who proved to me on the basis of satisfactory evidence to be the perso~hose name'9ris/~ subscribed to the within instrument and acknowledged to me tha~h~executed the same in i,iS1her/~ authorized capacity~ and that by ~er~signatureM"on the instrument the perso~ or the entity upon behalf of which the ~rso~cted, 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. WEST\21853695.4 39 8806 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies Griffin Capital (Carlsbad Pointe) Investor 19, LLC a Delaware limited liability company By: Klenck Living Trust, dated January 24, 1987 Its: Managing Member By: Print Name: Title: By: Print Name: Title: 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. (Seal) WEST\2185369S.4 40 CRAIG NEIDLE COMM. #1842110 z Notary Public -California ~ ty -. 23, 2013 8807 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies STATE OF ___,(.._·1A_,_____ _____ _ COUNTY OF ---'M'--"-""'~"-'--'ft"-"J .......... \ ____ _ On Jo\ personal ) ) ) Doc, Notary Public") who proved to me o. •~UI-....: se nam~ istare su · · within instnnnent and acknowle :;;,,,-------,.~illU,l,Wl ecuted the same in Al&l'Ml' uthorized capaci~. and that b IW1i'ftt!I'---the instrument th the entity upon behalf of which . , e instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WTINESS my hand and official seal. (Seal) WEST\21853695.4 41 CRAIG NEIDLE COMM,#18421_10 . i Notary Public -Cahfornta ~ Alameda County 013 M Comm. Ex ires A r. 23, 2 8808 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 · Griffin Capital (Carlsbad Pointe) Investor 20, LLC a Delaware limited liability company By: The Finberg Trust of 1995, dated April 4, 1995 Its: Managing Member STATE OF ~C'--""A.......__ ____ _ coUNTY OF A<.a.._vvedC ) ) ) PUD 09-02(A) -Life Technologies 8809 On (J-flA. 1,)\:) 1 1-<J ( 0 , before me, -::-'-c~~'f'+l:~:-:--v'~V1-:-:=-:\. ~'-l=~'-+-::l::-"-:~~--:4-:-:-':::-' \o ( \ C ~ Herc insert Name and Tide of personally appeared e V --( ?e Y who p~ved to me ~n ~e. basis of satisfactory. evidence t be the person") whose name( is/are- subscnbed to the w1thm mstrument and acknowledged to me that he/she,4hey executed e same in his/he#theit authorized capacity(ies),and that by hislheFltheir signature@;) on the instrument the person(~, or the entity upon behalf of which the person(~) 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. ublic (Seal) WESl\21853695.4 42 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 Griffin Capital (Carlsbad Pointe) Investor 21, LLC a Delaware limited liability company By: The Hans Kruger Trust Its: Managing Member STATE OF ----------- COUNTY OF ---------- ) ) ) PUD 09-02(A) -Life Technologies On t}"t~-</4/D , before me, 11/l~°'1tif.f~£vM~;trc , Herc insert Name and Tide of the Officer (e.g., "Jane Deie, Notary Public") personally appeared //,#Al J7 /<RWl1F-,e -· who proved to me on the basis of satisfactory evidence to be the perso~hose nameW-is/are- subscribed to the within instrument and acknowledged to me that he/,slleftbey9ecuted th. e same in hislher1tReif authorized capacity(~ and that by hisJ]ierltlieir"'signature(s1"on the instrument the person..(sy,6r the entity upon behalf of which the personEsf 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. ~~ (Seal) WES1i218S369S.4 43 WILFREDO AYOS GOMEZ COMM. #1766701 Notary Public · California $ Alameda County ~ '"0••' My Comm. Expires Sep. JO, 20! I 881.0 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 Griffin Capital (Carlsbad Pointe) Investor 22, LLC a Delaware limited liability company By: Richard C. and Juanita S. Boulger Revocable Trust Its: Managing Member By: Print Name: Title: STATEOF fu,{,,t'fvy\-Vla COUNTYOFJIµ Arg~ ) ) ) PUD 09-02(A) -Life Technologies 8811 On ;J~ .Jp1 .>OI o r , before meJ2.ts IJ t? ~ , ' k/Juc.,. H e insert Name and Title of the Officer ( e.g., "Jane · ') personally appeared l: \ ~,J.. e, Ou.. v 0 8 ~lA. , who proved to me on the basis of satisfactory evidence to--be the person~ll9se nam · ~ subscribed to the within instrument and acknowledged to me thatlwsl:le~ executed the same in~ authorized capacity~. and that by ~~signature(s} on the instrument the perso~ or the entity upon behalf of which the perso@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. Commission ti 18380 " Notary Public • Callfornl Los Angeles County . Ex Ires Feb 23, WEST\21 &S369S.4 44 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies Griffm Capital (Carlsbad Pointe) Investor 23, LLC a Delaware limited liability company By: Print Name: Title: By: Print Name: ~--l--l,..L.J..,t..=~:.__:_::~IIG-.....1,,~~: Title: STATE oF Ca \itorn\a COUNTY OF Lffif+nq,f-1 Ot:, ) ) ) I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) WES1'218S369S.4 46 8812 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies STATE oF Cb \~fa<n:10 COUNTY OF L~ fu\ ~ g Q ) ) ) On ~\ , (1,,. ,?:()1 '.2("){), before me,~~~~· !..W...J.\)..Y...l.~A...C:~~y..1:~::!.Yi:.~~;l.!,,.~~ ~ \ _ Herc· rt Name and Title of the O!"')Fr (e.g., "J111c Doc, N personally appeared \XJO 1\.J'.\,L ~ ff)\ l)u,~ 'f:(~ , who proved to rne on the basis of satisfactory evidence to be the person{s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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. (Seal) r· '""" c~~i-~1~,~~~ ... a:~ COMM.# 1730305 ~'. ~ ,,; • NOTARY PUBLIC -CALIFORNIA~: -· LOS ANGELES COUNTY , •" •·' My Comm. Expires March 10, 2011 , WESTl2 t 8S369S.4 47 8813 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies Griffin Capital (Carlsbad Pointe) Investor 24, LLC a Delaware limited liability company By: Trust of James Rossi and Noreen Rossi, dated March 4, 1993 Its: Managing Member COUNTY OF L()S AIVtjELE-f ) ) ) Ii? On ...:rv~ y 10 , :2010 , before me, rCJ/;: C/-IA-C//1-1,PL vx c A /VcJ7Afi Y ?C/i!L/c; ' Here insert Name and Title of the Offi;J (e.g., "Jw Doc, Notary Public"') personally appeared -----'.J''"--A_n __ e ...... J---'-~-o_.r_s_l-'---. ________________ ___, who proved to me on the basis of satisfactory evidence to be the person'8} whose name~~/are subscribed to the within instrument and acknowledged to me thatdia'she/they executed the same in@her/their authorized capacity~, and that by@her/their signature~ on the instrument the personls), or the entity upon behalf of which the person'8) acted, executed the instrwnent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WllNESS my hand and official seal. (~-1: a-a;>1u1~ Signature of Notary fublic (Seal) •• "f&T( !.t.!Wclla • 1 : Cornrnflalon II 175t971 I Hoto,v Pui>Uc -Callfomia I J Loa Ange,., County _ 0 C C C O O ,~:-r:-:"3'~::»t' J WEST\211153695 .. 4 48 8814 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life technologies Griffin Capital (Carlsbad Pointe) Investor 25, LLC a Delaware limited liability company By: 2000 Harvey Hunt Duryee and Christine Hawgood Duryee Revocable Trust Its: Managing Member /,)/I~·- By: /4-2?' ~ --Pri.nt Name: Clle/5n O _pl)-/Zc./,r-4:" Title: tl_ZfZ__ _ STATE OF CJ1.b~1----C COUNTY OF Lo~ ~~ ) ) ) on:SJ'-J q ,'o"OI o , before me, r-v-~ .::::: . c_~+r~ 0 ' f.>Jbl!c.., ') . . . . t Herc ,nse .. ~ Title of !he Officer (n.g., J11J1e Doc, ary Public") personally appeared \..:,hi 1~ ru:_ t't~·-c,r,e 0v ~ who proved to me on the basis of satisfactory eVJ<ience to be the rson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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. MAGGIE CASTRO • Commission # 1764204 (Seal) i : -.: Notary Publlc -Callfornla ! I Los Angeles County ~ J. ,·. + u o~:oZ1!'·=~1i'~t1 o WES1i21853695.4 49 8815 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 Griffin Capital (Carlsbad Pointe) Investor 26, LLC a Delaware limited liability company By: Windman Declaration of Trust Its: Managing Member sTATEOF_c_A _____ _ COUNTY OF ____.:c\;O_S_M_'}l..__Ll_/ _ ) ) ) PUD 09-02(A) -Life Technologies ,beforeme, ~~~ OlMW, f\A)lA~ ~8UL, '" n \ VI ,4 Herc insert Name and Title of the Officer (e.g .• "Jane Doc, Notaiy Public") personally appeared ~\A Ur~ Vv (J\ MtU1 who proved to me on the basis of satisfactory evidence to be the person whose name~ subscribed to the within instrument and acknowledg~ ~~ ~at s y executed the same in~ authorized capacity{i:e§T, and that b~r signature# on the instrument the personyf. or the entity upon behalf of which the pers~) 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. (Seal) a KRYSTLE CLARKE Commlaslon # 1734669 i Notary Public • California I 1 san Mateo County -t ..... "!'~:ee:~2!·!°b1 J WES1\218S369S.4 50 _8816 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies· Griffin Capital (Carlsbad Pointe) Investor 27, LLC a Delaware limited liability company By: Print Name; Title: STATEOF c.A.LJ1=0RNIA COUNTY OF M A.f? IN ) ) ) On 3vt-'t' 2-2-I2(/10 • before me.BY<E.IJJ:>A M-· ~ALIJJt>A»oTN't PtlfJUC. ' Here:: Name and Title of the Officer (c.g.!=f-Doe, Notuy Publicj personally appeared :P€ T £(< J. J.1t1J:!,TI N cl LI . who proved to me on the basis of satisfactory evidence to be the person~ whose name(e-) is/tlf& subscribed to the within instrument and acknowledged to me that he/BM.4.&13/ executed the same in his/nlfl~eif authorized capacity(te97, and that by his/MrAlleir signature{fit on the instrument the person(~. or the entity upon behalf of which the person(~ 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 band and official seal. ~WAIi-~ Signature of Notary Public (Seal) l7A¼AAcbAAt0te Ot-Or, ,-a BRENDAN. BALANOA ) 0 COMM. #1888837 Q. •a NOTARY PUBUC-CAUFOANIA "Q . ,. . MARIN C04JNTY 0 1 v v "" ~ ~ ex:-'vM8! 2~ 2oz: t WEST\21853695.4 51 8817 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A)-Life Technologies Griffin Capital (Carlsbad Pointe) Investor 28, LLC a Delaware limited liability company By: Print Name: ~~U4,,c:£---'2-'---l-~~~~-la,:::;=~ Title: STATE OF Ct:t \: ~ n ~ 0.... COUNTYOF_~-~-CA..~---- ) ) ) re in.1e1t Name and Title of Officer ( e.g., "J personally appeared -Y\ hre: ; ~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~~ Signature of Notary Public (Seal) WEST\21853695.4 52 8818 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies Griffin Capital (Carlsbad Pointe) Investor 29, LLC a Delaware limited liability company ·~·~-.. -::;:::;.z.. I .., _. ...... ;,.....-- A~ ,I., .,,. By: Print Name: ---~l~ ___ fL .... ~~A.d-.__.-R:,_,,~-=---_tY',,~_j_ Title: NI e~ g (£ R. bt.~S By: Print Name: Title: fl'\ e~ '3€tt. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WTINESS my hand and official seal. WEST\21853695.4 53 HRISTINE EATON . #1846172 z otary Public • California ~ Contra Costa County ... Comm. Ex 22 2013 8819 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies 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. WEST\21853695.4 54 CHRISTINE EATON . #1846172 z ublic -California ~ unty -22, 2013 8820 APPROVED AS TO FORM: DON NEU, Planning Director WEST\21853695.4 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) -Life Technologies 55 RONALD R. BALL, City Attorney EMOBALDI, ssistant City Attorney / 8821 EXHIBIT A Property Description The land referred to herein is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Parcels 1 and 2 of Parcel Map No. 17971, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, December 24, 1997 as File No. 1997-0656621 of the Official Records. Assessor's Parcel Nos. 212-130-44 and 212--130-45. and A consolidation of Parcels 3 and 4 of Carlsbad Minor Subdivision No. 97-04 in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map thereof No. 17971, filed in The Office of the County Recorder of San Diego County, December 24, 1997 as File No. 1997-0656621 of Official Records. Assessor's Parcel No. 212-130-49. WEST\21853695.4 8822 EXHIBITB Description of the Mararisk Parcel The land referred to herein is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Parcel 2 of Parcel Map No. 17971, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, December 24, 1997 as File No. 1997-0656621 of the Official Records. Assessor's Parcel No. 212-130-45 WEST\21853695.4 8823 EXHIBIT C Description of the Griffin Parcel That certain real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Parcel 1 of Parcel Map No. 17971 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on December 24, 1997, as File No. 1997-0656621 of the Official Records. Assessor's Parcel No. 212-130-44. WEST\21853695.4 8824 EXHIBITD Description of the LIFE Parcel That certain real property in the City of Carlsbad, County of San Diego, State of California, described as follows: A consolidation of Parcels 3 and 4 of Carlsbad Minor Subdivision No. 97-04 in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map thereof No. 17971, filed in The Office of the County Recorder of San Diego County, December 24, 1997 as File No. 1997-0656621 of Official Records. Assessor's Parcel No. 212-130-49 WEST\21853695.4 8825 (0 ('\J co -----~, 851 ci 1 ls: PROPERTY LINE ·=mi II I ITI I II I IW 11111T11111 u 1111 ITI 11111u11111r11111 IU 111 IITI 1111 ~ ITIWJ 111111.T 1111111 I I I~ 111 GRIFFIN BUILDING 5781 VAN ALLEN WAY APN: 212-130-44-00 --PROPERTY !a!!::!~ ---------- (~---~-.;;;._ ---------------- EXHIBIT E -SITE PLAN t: : : : : : :::::::::: : : ~ : : w z ::J ~ w c..z ?ilo c...= o::<( o::i u. z !,= .= 9~ WU a, c.. ~ w w V, EXHIBITF Cross-Drainage ~\ /RETAINING \ ';( WALL CURB \ \, ', ,\ \ i '1 ~, 11 ~I I ~ L&J z -....J >-f-a:= L&J a.. ~. a.. I ', ~ \ i AREA OF MARARISK I.~ PARCEL ----------\ ~ DRAINING ONTO _ MARARISK \ ~ GRIFFIN PARCEL ------PARCEL \ ~ --5791 VAN 1 1 ~l -----ALLEN WAY\ \ -----\ ~ I •~ - -------\ ~ --------\ ~ PR_OPERTY LINE \ AREA OF GRIFFIN ..,__ __ PARCEL DRAINING ONTO ...____ MARARISK PARCEL GRIFFIN PARCEL 5781 VAN ALLEN WAY 20 10 0 20 ~ 40 I I 60 ------ 8827. ·---------------------------· PROPERTY LINE STORM DRAIN BENEFITTING GRIFFIN & MARARISK MARARISK PARCEL 5791 VAN ALLEN WAY 60 120 I I o, PROPERTY ~ LINE co Q) ~ s:: :r::·a ..... 1-, :BO ·-tll .i::: tll ><: 0 i:.i.Ji-. u GRIFFIN PARCEL 5781 VAN ALLEN WAY 1111111111111 11111111 111 0 1111111111111 ~ AREA OF LIFE PARCEL DRAINING ONTO GRIFFIN PARCEL 50 25 0 50 100 150 LIFE PARCEL w z 1--1 _J I >-I I--a::: w 0.... 0 a::: 0.... 0 ("() co co -r--< -a:l -~ ~ (1) ro ::: ..... e Cl I en en e u I • LIFE I PARCEL >-..... Q:: LLI 0..1 ~. Q.. GRIFFIN PARCEL 5781 VAN ALLEN WAY C 0 -II u __ ,. 0 _.__STORM DRAIN SYSTEM BENEFITTING LIFE & GRIFFIN /~ 0 50 lOO 150 STORM DRAIN SYSTEM BENEFITTING LIFE & GRIFFIN I ....., ~ 0:) CX) RETAINING WALL I ' I I I I I I I I I 111111, 0 i' I I I I I GRIFFIN PARCEL 5781 VAN ALLEN WAY I I I I I: 1 i' 11: i' I! 11 i O: I Ii I 1 . 1 . 1 I Ii I 1 AREA OF GRIFFIN PARCEL DRAINING ONTO PROPERTY LINE t=;.~~~~~-~,.....,..t ~l 1 F~E1 :::::I A:::::R1E~1L '=~' n 1 1 1 1 1 1 1 1 1 1 I I I I I LIFE PARCEL PROPERTY I LINE I . '40 20 0 BO 110 ---------- C'\J C'r) co co er, = <U E <U ~ er, e:s E-'1-l -..... E9 ::c: 5 X '1-l ';j u .E u <U 1i3 - -- • l I • MARARISK BUILDING 5791 VANALLEN WAY APN: 2 I 2-I 30-45-00 Io I: I I I lu, ~ '.J I LIFE PARCEL APN: 212-130-49-00 -~-. I --J ---:w I ~~i -w -0.. -Q I ~a: 1,! : 1: 1: : - GRIFFIN BUILDING 5781 VAN ALLEN WAY APN: 2 I 2-130-44-00 ------ PRo~R_TY LINE____ \NE .-----------·~------c::::::::::~;;~;;~:;;;;;;;;;::_:::==-.::._::_-PRO,.E.s.RI:!J-------------------:::::::::==----· - EXHIBIT K -ELECTRICAL UTILITY EASEMENTS U.I 1.1,1.1.1.l l I I I I I I I I I~ l I I ~1f1 11 ~1-i1·1 ro~11T11 I I I IT IT IT I IT ~,-tmttt,~ '----,. PROPERTY LINE w z ::; ~ w o..z f;lo o..;:: o::<( 0 ::i u.z ~;:: 9~ WU "' "-; w w V\ C) :::0 )> 7J :r: (") (/) (") )> r rn ~ 11 N 0 ... N 0 0 N 0 ~ 0 a, 0 / / / / / / / / / / / / / / (ll = ~Nl~~dON Exhibit L Cross Drainage (ll = GRIFFIN PARCEL OS 5781 VAN ALLEN WAY 8833 8834 EXHIBITM Parking Summary Provided Required PUD 09-02(A)/ Parking Parking1 CD 10-04 Required Parking2 Mararisk Parcel (5791 Van Allen Way) 279 324 Griffin Parcel (5781 Van Allen Way) 837 960 LIFE Parcel (5792 Van Allen Way) 227 282 1,343 1,566 1,331 1 Number of parking spaces required on each Parcel is stated as if the parcel is a stand-alone parcel without benefit of the 15% reduction available under PUD 09-02(A) and minor revisions to the size of the amenity building/parking approved pursuant to CD I 0-04 .. 2 Total required parking is stated as part of PUD 09-02(A) and CD I 0-04 with benefit of 15% reduction, by which 235 less parking spaces are required. Accordingly, minimum parking requirement of the three Parcels is satisfied so long as a total of 1,331 parking spaces are located on the three Parcels. WEST\21853695.4