HomeMy WebLinkAboutMackinnon, Elizabeth J. et al.; 2023-09-14;SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release ("Agreement") is entered into as of September
14, 2023 ("Execution Date"), by and beh'leen the following parties: Plaintiffs ELIZABETH J.
MACK£NNON, an individual; JAMrE CHRISTIAN KASZER and LESLIE ANN KASZER,
individuals; RANDALL K. PATRYLA, an individual; STANLEY D. JONES as TRUSTEE OF
THE STANLEY D. JONES REVOCABLE TRUST; JEFF ADAMOFF, aµ individual; RYAN
FELLOWS and FRANCESCA FELLOWS, individuals; ALEXANDER RUBINS and VALERIE
E. RUBINS as TRUSTEES OF THE DRUBINS FAMILY TRUST; CAROLINE MATIAS,
TRUSTEE OF THE CAROLINE MATIAS TRUST; JOSEPH L. SlMONl, an individual;
ROBERT CHANG, an individual; PATRICIA JENNINE KNUDSEN as TRUSTEE OF THE
PATRICIA JENNINE KNUDSEN TRUST; GARY PAUL MCCLELLAN and MICHELLE
ANNE MCCLELLAN, individuals; ANDREW G. MALKIN and KAREN L. MALKIN,
TRUSTEES OF THE ANDREW AND KAREN MALKIN 2000 TRUST; CHARLES MARK
BERNSTEIN and SANDRA M. BERNSTEIN, individuals; JARED J. VICTOR and ELYSIA E.
VICTOR, individuals; ROBERT M. PARIS and ANNE M. PARIS as TRUSTEES OF THE
PARIS ROBERT & ANNE FAMILY TRUST; DEBRA L. WlLSON AIZIKOVITZ, an
individual; SHANNON SMULL MENDEZ, an individual; VIGEN ZARIFIAN and DIANA
BANA YANS, individuals; ANDREW WESTBERG, an individual; CHASE CLARK and
ASHLEY CLARK. individuals; ZACHARY FORREST VANO and ALEXANDRA ROSE
ROBERTS, individuals; DEREK KILLEN and HEATHER KILLEN, individuals; JAMES W.
ARSLANIAN and LINDA C. ARSLANIAN as TRUSTEES OF THE ARSLANIAN FAM ILY
TRUST; LESLIE J. ARBUCKLE and JOYCE LUCIA. individuals; RYAN MORAN, an
individual; MARYE. MOORE as TRUSTEE OF THE MARYE. MOORE TRUST; LOWELL E.
GATES as TRUSTEE OF THE LOWELL E. GATES SEPARATE PROPERTY REVOCABLE
TRUST; JORDAN SCHUCKIT and JUNKO SCHUCKIT, individuals; BENJAMIN
ALEXANDER and HEATHER ALEXANDER, individuals; PHILIP J. REMINGTON and
THERESE C. REMINGTON, individuals; ROBERT JOHN PRIBISH and JENNIFER
ALEXANDER PRIBISH, individuals; MAUREEN TAYLOR, an individual; CHRISTA
CONLEY, an individual; DANIEL K. ANDERSON and ERIN A. BOYLE ANDERSON,
individuals; CLYDE S. RICHARDS, an individual and KAZUMI f. BLACKBURN as TRUSTEE
OF THE KAZUMI I. BLACKBURN TRUST; JOHN ROBERT DELAND as TRUSTEE OF
THE DELAND TRUST; DANIEL BINER as TRUSTEE OF THE DANIEL BINER TRUST;
RUSSELL DUCHENE, an individual; BARRY J. NIMAN as TRUSTEE OF THE JO-MARIE
SEKOL AND BARRY J. NIMAN FAMILY TRUST; and GREGORY and ERIN CAHOONE,
individuals 1(collectively "Plaintiffs'') and Defendant City of Carlsbad (''City'"). All of these
foregoing parties shall be collectively referred to herein as the ·'Settling Parties.''
I II
II I
1 GREGORY and ERIN CAHOONE are subsequent purchasers and successors in interest to Plaintiff
LOWELL E. GATES as TRUSTEE OF THE LOWELL E. GATES SEPARATE PROPERTY
REVOCABLE TRUST [deceased].
Page 1 of 15
RECITALS
A. In or about 2002-2003, the City began the process of relocating a portion of
Rancho Santa Fe Road. As part of that process, the City created a large depression, also known
as a rock prism, adjacent to that road. The Plaintiffs allege that such road relocation, and/or
creation of the rock prism, in some fashion diverted, changed, and/or modified the
surface/underground water, or created a condition where excess water began to impact their
properties, and the homeowners association common areas surrounding their properties. The
Plaintiffs performed inspections and testing and engaged experts to draft reports on the alleged
causes of damages to the Plaintifrs homes. The City disputes such allegations and claims of
damages. The foregoing allegations and dispute between the parties ("Dispute") are the subject
of this Agreement and Release.
B. On August 25, 2021, Plaintiffs filed an action alleging inverse condemnation, in
the Superior Cout1 for the State of California, County of San Diego, Case No.: 37-2021-
00036444-CU-EI-NC. The Plaintiffs filed a First Amended Complaint on September 28, 2021,
which is the operative complaint in the case (the "Action"). City filed an Answer denying the
allegations and claims of damages, and asserting affirmative defense to same.
C. Mediation of the Action took place on August 7, 2023, August 23, 2023, and
August 29, 2023, before Michael Bayard, Esq. of the American Arbitration Association,
with a Mediator's Proposal accepted by the Settling Parties in writing on September 6,
2023, subject to approval by the City's governing body. The settlement was put on the
record on September 8, 2023, before the presiding judge Hon. Earl H. Maas III in
Depattment N-28, San Diego Superior Cou1t (North County Division). The court accepted
the settlement on September 13, 2023, after the City's governing body approved it on
September 12, 2023.
D. Without any admission of liability, and for the purposes of avoiding the delay,
expense and uncertainty of fu1ther litigating in this matter, by this Settlement Agreement and
Mutual Release, the Settling Parties now wish to resolve their dispute by way of settlement
and mutual release of all of the Plaintiffs' claims and potential claims which are related in any
manner to the Properties (as defined below), Dispute and/or Action.
AGREEMENT AND RELEASE
I. Settlement Amounts. Dismissal. Timing.
a. As to the City, it is agreed that the City shall pay to the Plaintiffs and their
counsel, Parsekian Law Corporation, the sum of Thi1teen Million Eight Hundred Seventy Five
Thousand Dollars ($13,875,000.00) (''Settlement Payment"), and such is a complete and final
settlement of all of the Plaintiffs' Dispute and claims in the Action, including but not limited to
costs, attorney, expert and appraisal fees, othe1wise recoverable under California Code of Civil
Procedure ("'CCP"') § I 036. C ity agrees to use its best effo11s to have its insurance carriers deliver
said Settlement Payment to Plaintiffs' counsel within 30 days of execution of this Settlement
Agreement and Mutual Release by all Settling Parties. Payments will be made by way of either
check or Electronic Funds Transfer/Wire Transfer (·'EFT'") to the Parsekian Law Corporation
Attorney Client Trust Account, Chase Bank; Account Number 909173036; Domestic Wire
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Routing
Number 021000021 ; Parsekian Law Corporation Tax rD 3.J-0598460. Likewise, Plaintiffs, upon
the day of confinnation of receipt of the EFT Settlement Payment, agree to file a Request for
Dismissal with Prejudice of their Complaint.
b. It is further agreed the City and the Plaintiffs hereby release and
forever discharge any and all costs including attorneys', experts' and other fees and costs, as
against each other.
2. Mutual General Release by Settling Patties
a. Other than the obligations and representations made herein, the Settling
Parties together with their successors, renters. lessees, residents, assigns, agents, insurers,
managers and prior/subsequent purchasers of the Property, hereby release and forever
discharge each other and their heirs, trusts, trustees, insurers, assigns, parent companies, sister
companies, successor companies, and each past or present employee, agent, representative,
officer, director, stockholder, partner, attorney, and other persons, firms or corporations now.
previously or hereafter affiliated in any manner with any of the above ("Released Party") from
any and all liability, claims, demands, damages, costs, attorneys' fees, expert/consultant
fees, repair costs, punitive damages, obligations, investigative costs, loss of use,
inconvenience, loss of rent, liabilities, losses, expenses, assessments, obi igations,
diminution in value, property damage, actions. rights and claims for relief of whatsoever
kind or nature, whether or not now known, suspected or claimed, which they may have against
or claim to have against the other pa1ty, Released Party or its insurer, or could have made
against the other party, Released Pa1ty or its insurer, by reason of any act, failure to act, cause,
matter or event related to the Properties, Dispute and/or Action. Notwithstanding the breadth of
the foregoing, this release does not release any claims regarding insurance coverage for the
City, including wilhout limitation and claims for reimbursement and/or reallocation of defense
and settlement payments between the City and its insurers.
b. Final and Full Settlement . The Settling Parties acknowledge that they
intend this Agreement to be a full and final settlement of the Action, and to act as a bar to, each
and every cause of action, claim, debt, liability. obligation, account and lien heretofore
released, which the Settling Parties have or may have had at any time against each other
relating to the Properties, Dispute and/or Action and any matters between them up to and
including their execution of this Agreement.
Each of the Settling Parties acknowledge that they or their attorneys may hereinafter discover
facts different from, or in addition to, the facts which the Settling Parties and/or their attorneys
are now aware of with respect to the subject matter of this Agreement. However, the Settling
Patties intend to full y, finally, absolutely, and forever settle any and all claims, disputes and
differences which now exist or heretofore have existed between the Settling Patties and in
furtherance of this intention the Mutual Release herein shall be given and remain in effect as a
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full and complete mutual release, notwithstanding discovery of any such different or additional
facts.
c. Civil Code Section 1542 Waiver. The Settling Parties hereto waive any
and all claims which they have or may have in the future, as of the date of the execution of this
Agreement that arise out of the Properties, Dispute and/or Action as against each other. Each
of the Settling Parties acknowledges that they know ·or have been informed by their attorneys
as to the meaning and effect of California Civil Code section 1542 which provides:
A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR OR RELEASING
PARTY DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE AND THAT lF KNOWN
BY HIM OR HER, WOULD HA VE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR OR RELEASED PARTY.
d. Each of the Settling Parties realizes and acknowledges that one or more of
them may have claims or sustained losses that are presently unknown and unsuspected and that
such claims or losses may give rise to additional claims, losses and expenses in the future which
are not now anticipated. Neve1theless, the Settling Parties acknowledge that this Agreement has
been negotiated and agreed upon in light of this realization and, being fully aware of this
situation, and except for the performance of this Agreement, the Settling Parties, release and
forever discharge each other as set forth above from any and all such unknown claims, including
damages and injunctive relief, which are unknown and unanticipated that arise out of the
Properties, Dispute and/or Action. Furthem1ore, the Settling Parties hereby waive and
relinquish all the rights and benefits that they have or may have under California Civil Code
section 1542 to the full extent that they may lawfully waive such rights and benefits pertaining
to the subject matter of this Agreement.
c. Warranties and Representations. Each of the Settling Pa11ies hereto
warrants, represents and agrees that such Party has not previously assigned or transferred, or
attempted to assign or transfer, to any person or entity. other than another Party making the
release, any action or actions, or cause or causes of action at law, in equity or otherwise, suits,
claims. debts, liens, contracts, agreements, notes. promises, liabilities, rights, claims, demands,
costs, penalties expenses (including, without limitation, attorneys' fees), damages, losses or
remedies hereinabove re leased. Each Settling Party fu1ther warrants that to his/her/its actual
knowledge and belie( there is no action, suit claim, cause of action, or proceeding at law or in
equity (or before any governmental agency, or official, commission, board, bureau,
instrumentality or authority of any local, state or federal government) now pending or threatened
against or affecting Settl ing Party that will directly affect Seltl ing Party's ability to perform ihis
Agreement.
3. Counsel. Each patty represents that their counsel has fully explained to
him/her/it the legal effect of this Agreement and of the releases and warranties provided for
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herein and that the settlement and compromise stated herein is final and conclusive and each
person represents that he/she/it has freely consented to and authorized this Agreement.
4. No Admission. This Agreement is the compromise of disputed claims and fully
and finally settles all claims between the Settling Pa1ties. Neither the payment of any
consideration hereunder nor anything contained in this Agreement shall be interpreted or
construed to be an admission of liability on the part of any person or Settling Party named
herein.
5. Successors. This Agreement shall inure to the benefit of each Party hereto,
their predecessors, successors, subsidiaries, aftiliates, fiduciaries, representatives, assigns,
agents, officer, directors, members, estate, trusts, trustees, spouses, heirs and representatives,
past, present and future.
6. Authority. The Settling Pa1ties hereto hereby warrant and represent that the
execution of this Agreement and the consummation of the transactions contemplated by this
Agreement do not violate or contravene any indenture, agreement, judgment or order to
which they are a Settling Party or by which they are bound.
7. Binding Effect. This document is a hinding and enforceable agreement under
Code of Civil Procedure Section 664.6. Any provisions of California Evidence Code section
1119 notwithstanding, this Agreement may be enforced by any Settling Party hereto by a
motion under California Code of Civ il Procedure section 664.6 or by any other procedure
permitted by law in any court having jurisdiction over the Action.
8. Sole and Entire Agreement. This Agreement constitutes the entire agreement
made by the Settling Parties hereLo pertaining to the subject matter hereof and further
supersedes any and all prior or contemporaneous understandings. representations, warranties,
and agreements made by the Settling Pa1ties hereto or their representatives pertaining to the
subject matter hereof and may be modified on ly by a written agreement signed by al l the
Settling Pa1ties hereto. The terms of this Agreement may not be contradicted by evidence of
any prior or contemporaneous agreement.
9. Attomevs· Fees and Costs. In any action or proceeding brought by any Settling
Party hereto to enforce the terms or conditions of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees and costs.
I 0. Effectuation. Each Sett! ing Pa1ty agrees to execute such fL11ther documents
and do all other acts as may be necessary to effectuate this settlement.
11. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original for all purposes and such counterparts shall constitute one and the
same agreement. Settling Parties may deliver executed counterparts by emai l or facsimile,
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and delivery of an executed counterpa1t by email or facsimile shall be deemed delivery of an
executed original counterpart and have full legal force and effect to bind the Settling Parties
hereto. •
12. No Reliance on Representations bv Others. The Settling Parties represent that
they have relied on their own investigation and judgment in regard to all matters contained
herein (including the consequences of this transaction and the result of application of any
federal or state tax law), that they have not relied on any representations made by any other
party, that this Agreement is entered into by them of their own volition, and that they entered
into this Agreement free of any duress, coercion, or undue influence of any source
whatsoever.
13. Modifications. This Agreement may not be altered, amended, modified or
otherwise changed in any respect or particular whatsoever, except by a writing duly executed by
all Settling Parties or by their authorized representative. A modification or waiver of any one
provision shall not constitute a waiver or modification of any other provision not expressly
waived or modified.
14. Governing Law. This Agreement shall be interpreted in accordance with and
governed in all respects by the laws of the State of California.
15. Severability. Should any provision of this Agreement be declared or determined
by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall
not be affected thereby and said illegal or invalid part, term or provision shall not be deemed to
be part of this agreement.
16. Disclosure Upon Sale or Transfer of Property. Plaintiffs agree to comply with
the terms of California Civil Code § 1102 (Disclosure Upon Transfer of Residential Prope1ty)
with respect to their residential properties identified by address in Paragraph 17 ("Properties'')
which are the subject of this Action. Specifica lly, each Plaintiff agrees to disclose to each
successive purchaser of their property the facts constituting the Dispute, that they were a pa11y
to this Action, that the Action alleged groundwater issues and damages caused by groundwater
in and about their Properties and that they received a monetary settlement by settlement of the
Action which extinguished all potential claims as to the Properties, Dispute and/or Action.
Plaintiffs agree that City may record with the Office of the Recorder for the County of San
Diego a Memorandum of Settlement Affecting Rea l Property on each of the Prope1ties.
17. Plaintiffs' Addresses. The following Properties are the subject of the Action:
7552 Agua Dulce, Carlsbad, CA 92009
7555 Agua Oulce Court, Carlsbad, CA 92009
7556 Agua Dulce Court, Carlsbad, CA 92009
7559 Agua Dulce Court, Carlsbad, CA 92009
7555 Caloma Circle, Carlsbad, CA 92009
3202 Carvallo Court, Carlsbad, CA 92009
3335 Cuesta Place, Carlsbad, CA 92009
Page 6 of 15
3337 Cuesta Place, Carlsbad, CA 92009
3338 Cuesta Place, Carlsbad, CA 92009
3344 Cuesta Place, Carlsbad, CA 92009
7583 Dehesa Cou1t, Carlsbad, CA 92009
7585 Dehesa Court, Carlsbad, CA 92009
7586 Dehesa Court, Carlsbad, CA 92009
7588 Dehesa Court, Carlsbad, CA 92009
7589 Dehesa Cowt, Carlsbad, CA 92009
7591 Dehesa Court, Carlsbad, CA 92009
7592 Dehesa Court, Carlsbad, CA 92009
7593 Dehesa Court, Carlsbad, CA 92009
7594 Dehesa Court, Carlsbad, CA 92009
7585 Delgado Place, Carlsbad, CA 92009
3341 Del Rio Coutt, Carlsbad, CA 92009
3343 Del Rio Court, Carlsbad, CA 92009
3345 Del Rio Cou1t, Carlsbad, CA 92009
3349 Del Rio Court, Carlsbad, CA 92009
3350 Del Rio Court, Carlsbad, CA 92009
3351 Del Rio Court, Carlsbad, CA 92009
3352 Del Rio Coutt, Carlsbad, CA 92009
3353 Del Rio Cou1t, Carlsbad, CA 92009
3354 Del Rio Cou11, Carlsbad, CA 92009
3305 Dorado Place, Carlsbad, CA 92009
3308 Dorado Place, Carlsbad, CA 92009
3318 Dorado Place, Carlsbad, CA 92009
330 I Vivienda Circle, Carlsbad, CA 92009
3303 Vivienda Circle, Carlsbad, CA 92009
3305 Vivienda Circle, Carlsbad, CA 92009
33 I I Vivienda Circle, Carlsbad, CA 92009
33 15 Vivienda Circle, Carlsbad, CA 92009
3321 Vivienda Circle, Carlsbad, CA 92009
3325 Vivienda Circle, Carlsbad, CA 92009
3338 Vivienda Circle, Carlsbad, CA 92009
18. Time of the Essence. With regard to all dates and time periods set forth or
referred to in this Agreement, time is of the essence.
IN WITNESS WHEREOF, the Settling Parties and Counsel have executed this
Agreement on the date which appears opposite their signatures. This Agreement and Mutual
Release shall be deemed to take effect on the date the last signatory hereto executed this
Agreement and Mutual Release.
DA TED: September _L±, 2023
Page 7 of 15
DA TED: September I L-f , 2023
DATED: September _!i_, 2023
DA TED: September } l( , 2023
DA TED: September I Lf, 2023
DATED: September ;f 2023
DA TED: September J!f_, 2023
DA TED: September Ji_, 2023
DA TED: September .1:.1:_, 2023
DATED: September Jj_, 2023
DATED: September_, 2023
IE CHRISTIAN KAS
fJ,~£:l/ )!. /Jii$p1f--.-~~
RANDALL K. PATRYLA,arnndividual
~D~ STANLEYD.JES {J
as TRUSTEE OF THE STANLEY D. JONES
REVOCABLE TRUST
_aek/{~4-z J~
ALEXANDER RUBINS
as TRUSTEE OF THE
R/S FAMILY TRUST
[/tii~ ( t IZ Vf/wJ
VALERIE E. RUBINS
as TRUSTEE OF THE
RUBINS FAMILY TRUST
CAROLINE MATIAS
as TRUSTEE OF THE
Page 8 of 15
[MATIAS SIGNATURE NEXT PAGE]
DATED: September _!_j_, 2023
DATED: September __!i, 2023
DATED: September J L/ , 2023
DA TED: September I L/, 2023
DA'! ED: September Jf 2023
DA TED: September_. 2023
DA TEO: September_, 2023
DATED: September_, 2023
DATED: September_. 2023
DA TED: September~. 2023
-~; E:n individual
LESLIE ANN~~' an individual
&,Jll )!. ~~
RANDALL K. PATRYLA,amdividual
STANLEYD .J ES ~
as TRUSTEE OF THE STANLEY D. JONES
REVOCABLE TRUST
__QLd~h ~
ALEXANDER RUBINS
as TRUSTEE OF THE
RrS FAMILY TRUST
f/&u c { ;Z Vf/wJ
VALERIE E. RUBINS
as TRUSTEE OF THE
RUBINS FAMILY TRUST C:::< ;;;>
CAROLINE MATIAS
as TRUSTEE OF THE
Page 8 of 15
"'
[MATIAS COUNTERPART SIGNATURE]
DATED: September lJe._, 2023
f)A TED: September~. 2023
DATED: September J!J., 2023
DATED: September J ~ 2023
DA TED: September J_z_. 2023
DATED: September~. 2023
DA TED: September~. 2023
DA TED: September /Cf . 2023
DATED: September Ji, 2023
CAROLINE MATIAS TRUST
ROBERT CHANG, an individual
a~~ P ~~NNINE l.JDSEN
as TRUSTEE OF THE PATRICIA
JENNINE NUDSE I TRUST
GA
/4£~/4 I ~?d ;fr,
MICHELLlANNE MCCLELLAN, an individual
#) ~ ":
ANDREW G. MALKIN
as TRUSTEE OF THE ANDREW AND KAREN
MALKJJ;Jiti! 1fi Jfak,
KAREN L. MALKIN
as TRUSTEE OF THE ANDREW AND KAREN
MALKIN 2000 TRUST
:=;:::::-·
CHARLES MARK BERNSTEIN, an individual
io~~ZlilsT~
Page 9 of 15
DATED: September /'f, 2023
DATED: September jJ_, 2023
DA TED: September __ , 2023
DA TED: September __ , 2023
DA TED: September __ , 2023
DATED: September lk_, 2023
DATED: September !f_, 2023
DATED: September Ji_, 2023
DA TED: September __ , 2023
DATED: Septembcr,lk__, 2023
~ EDJ.\IICTOI(an individual
. EL SIA E.VICTOR, an individ ual
ROBERT M. PARJS
as TRUSTEE OF THE PARJS
RORERT & ANNE FAMILY
ANNE M. PARIS
as TRUSTEE OF THE PARIS
ROBERT & ANNE FAMILY TRUST
DEBRA L. WILSON AIZIKOVITZ. an individual
SHANNON SMULL MENDEZ, an individual
ANDREW WESTBERG, an individual
CHASE CLARK, an indi vidual
Page 10 of 15
[PARIS, AIZIKOVITZ AND WESTBERG SIGNATURES NEXT PAGES]
DA TED: September Ji . 2023
DA TED: Sc:p1cnib<:r Jj_, 2023
DA TED: September / 5, 2023
DATED: Sept~rnber J-5:2023
DA.ll:D: Sc:rternb.;r _. 2023
DATED: September __ .... 20}3
DATED: Sepu:mber _(i_, 202.~
DATED: Scptc111bc:r Jj_, 2023
DATED: September ·---· 2023
DA'( FJ): Scptt!111ber . . . . 21)2:1
EL\ SIA E.VICTOR, an individual
P--:/, J~/~
~{ff ~-is
as TRUSTEE OF THE PARIS
ROHERT & A'.'JNE FAMILY
ANNE M. PARIS
as TRCSTEI:: OF THE PARIS
ROBERT & ANNE FAMILY TRUST
OLl3RA L. WILSON AIZIKOYITZ, an individual
-----• ----------SHANNON SMULL MENDEZ. an individual
Vl~N. an indi,idual .. ,'
ANDREW WESTHERG, an individual
• ~ •----•--•~•n•---~---
OL'\Sl. CL.-\RK. an indi\idual
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[PARIS COUNTERPART SIGNATURES]
DATED: September Jj_, 2023
DA TED: September lt/_, 2023
DATED: September __ , 2023
DA TED: September __ , 2023
DATED: September / {p, 2023
DA TED: September __ , 2023
DA TED: September !i_, 2023
DA TED: September f.i, 2023
DA TED: September __ , 2023
DA TED: September __ , 2023
EL SIA E.VICTOR, an individual
ROBERT M. PARIS
as TRUSTEE OF THE PARIS
ROBERT & ANNE FAMILY
DEBRA L. WILSON AIZIKOVITZ, an individual
SHANNON SMULL MENDEZ. an individual
L~/ /CJ(-l/'-y,1c€>TzAi""'iF_IA_N_i_, a-A-i-nd-iv-i-du_a_l ___ _
l,,/
gN9a~~
--·-···•·--·-= ~
ANDREW WESTBERG, an individual
--· ---·---------CHASE CLARK, an individual
Page 10 of 15
[AIZIKOVITZ COUNTERPART SIGNATURE]
DA TED: Septt:mber .Li. 2023
DA n~o: September r/_. 2023
D/\ TED: Scptc:mbcr , 2023
DATED: Septemhcr _. 2023
DATFD: Sertcnibcr , 2023
DATCD: S1.:ptcmbe1 . 2023
DA lliD: September I'/_. 202.1
DATEO: September Jj , 2023
()1\Tf·:O: September Q, 2023
[)/\ I LD: ~cptemh~r , 2021
t:.L.~~ Ude. r _____ _ _
hlVSIA E.YlCTOR, an individual
ROBFRT M. PARIS
as TRUS !'EE OF THE PARIS
ROBERT & ANNE rAMILY
··-.
ANNE M. PARIS
as ·1 IWSTEE OF Tl tr. PARIS
IWBl·XI' & ANNE FAMILY TRus·1
l)J-111{.A L. \1VILSON AIZIKOVITZ. an individual
SHAI\NON SMlJl.1. MJ-:NDl·:Z. an individual
C l 1/\SI: CLA RK, an individual
Page 10 of 15
[WESTBERG COUNTERPART SIGNATURE]
DA TED: September }ft;_, 2023
DA TED: September Ji_, 2023
DA TED: September Ji. 2023
DA TED: September ff' . 2023
DA TED: September _It_, 2023
DATED: September Ji_, 2023
DATED: September _llf_, 2023
DA TED: September Ji_, 2023
DATED: September/f ,2023
DA TED: September 1.k_, 2023
ASHLEYLARK, an individual
11~~ .%h~
ALEXAr<fDR.A ROSE ROAERTS, an individual
AMES W. ARSLA IA and
as TRUSTEE OF THE ARSLANIAN
F MILYTRUST
/_,,,-·-
/
(_
TRUST
UCKLE, an individual
{£y/JLiL,
~n individual
RYiaRAN, an individual
Page 11 of 15
DATED: Septembec i!}.2021
DA TED: September fj_, 2023
DATED: September }1, 2023
DA TED: September_, 2023
DATED: September _, 2023
DATED: September _, 2023
DA TED: September _ti. 2023
DA TED: September ct, 2023
~5½~
as TRUSTEE OF THE
MARY E ORE TRUST
GREG Y OONE
SUB ·•NT PURCHASER, ASSIGNEE AND
TRA FEREE OF ALL INTERESTS AND
LIABILITIES HERE[N OF PLAINTIFF
LOWELL E. GATES as TRUSTEE OF THE
LOWELL E. GA TES S (¼\RA TE PROPER TY
REVOCABLE 'C ~
~ ... ___
ERIN CAHOONE
SUBSEQUENT PURCHASER, ASSIGNEE AND
TRANSFEREE OF ALL INTERESTS AND
LIABILITIES HEREIN OF PLAINTIFF
LOWELL E. GATES as TRUSTEE OF THE
LOWELL E. GATES SEPARATE PROPERTY
REVOCABLE TRUST
DEBRA GATES
as SUCCESSOR IN INTEREST, EXECUTOR OF
THE ESTATE, ANO/OR TRUSTEE OF THE
LOWELL E. GATES SEPARATE PROPERTY
REVOCABLE TRUST
JORDAN SCI IUCKIT, an individual
JUNKO SCHUCKIT, individuals
AMIN ALEXANDER, an individual
[GATES AND SCHUCK.IT SIGNATURES NEXT PAGES]
GRfiJ RY • 100'-°L. •
Sl.'H. ·, •. I' PURCll.<\Sl·R .. .\SSIG>:CL.\'.\O
TRA . ~FR~F OF Al LI'\ ll·Rl·.S IS . .\'-.ll
l.l."-UILI I ILS Jl(R[I\: OF PLAl?\l lff
I OWF.1.1. E (,«\'II~ a~ I Rl S fl.[ OF f}IL
~~~:"'''"'
I RI:--: C\1100'\E --
:,UUSU)UL '-I Pl:tu.:11.-\S!.R. ,\SSIG\H. A'-.ll
l'Rl\NSH:RLI. of ALL 1\:ffRLSl S A'sU
I 1,\811.l llh~ !fr.REI~ m Pl.Al' I IH
I.I J\\'[Ll. h. li·\ 1 rs"' TRUSlH' OI-THI·.
I lJ\I !-.I.I F. ti,\ 1 LS SEPARATF l'ROPERTY
.F TRl;S I
Ill
J, :Jd.:CL'TUK. 01 rH . .. . . TFE or Tl IF
LOIi [LI r. t,.\ I ES Sl'.P;\RA n; f'R(ll'[RTY
ill \OC.-\111.1. i l;l.Sl
.ll'\:J.:n-;( lll'Cf.:IT. imJi,iJual,
[GATES COUNTERPART SIGNATURE]
;
DA TED: September d.2023
DA TED: September /:1_, 2023
DA TED: September Jj_, 2023
DA TED: September_, 2023
DA TED: September lli. 2023
DA TED: September lb_, 2023
DATED: September Jj, 2023
DA TED: September cl, 2023
~ f,~ ~RE
as TRUSTEE OF THE
MARYE ORE TRUST
Y OONE
.,.c.. .... =c..NT PURCHASER, ASSIGNEE AND
TRA FEREE OF ALL INTERESTS AND
LIABILITIES HEREIN OF PLAINTIFF
LOWELL E. GATES as TRUSTEE OF THE
LOWELL E. GA TES S RA TE PROPERTY
QLE
ERIN CAHOONE
SUBSEQUENT PURCHASER, ASSIGNEE AND
TRANSFEREE OF ALL INTERESTS AND
LIABILITIES HEREIN OF PLAINTIFF
LOWELL E. GATES as TRUSTEE OF THE
LOWELL E. GATES SEPARATE PROPERTY
REVOCABLE TRUST
DEBRA GATES
as SUCCESSOR IN INTEREST, EXECUTOR OF
THE ESTATE. AND/OR TRUSTEE OF THE
LOWELL E. GATES SEPARATE PROPERTY
REV ABLETR T
KOSCHui...viduals
~~~ JAMIN ALEXANDER, an individual
[SCHUCK.IT COUNTERPART SIGNATURES]
DATED: September l't, 2023
DA TED: September L 2023
DATED: September ft_, 2023
DATED: September /:/, 2023
DATED: September l't . 2023
DA TED: September IC , 2023
DATED: September I ~ , 2023
DA TED: September lh_, 2023
DATED: September }4_. 2023
DA TED: September J.±, 2023
HEATHER ALEXANDER, an individual
~-PHILIPJ.R.EMINToR an individual
J
an individual
DANIEL K. ANDERSON, an individual
~ct~/~.
ERIN A. BOYLE A'.'DERSON, an individual
'1<1J= /J _ ~JAu---
K/\ZUMI I. BLACKBURN
Page 13 of 15
DATED: September _, 2023
t/1 DA TED: September/~ , 2023
DATED: September/ j , 2023
DATED: September 1+, 2023
DATED: September ti , 2023
APPROVED AS TO FORM:
DATED: September l!_, 2023
Dated: Septcmbei/" 2023
as TRUSTEE OF THE KAZUMI l. BLACKBURN
TRUST
JOHN ROBERT DELAND
as TRUSTEE OF THE DELAND TRUST
,/2 £~ -
{oAt•tTEL BfNER
as TRUSTEE OF THE DANIEL BINER TRUST
as TRUSTEE OF THE JO-MARIE SEKOL
ANr~RRY J. NfMAN FAMILY TRUST
\ ' THE\ 'IT OF CARLSBAD :ttf.
By: ~/I
\s.cefr"CHADWICK
Its: City Manager
CITY OF CARLSBAD
[DELAND SIGNATURE NEXT PAGE]
DA TED: September~' 2023
DA TED: September __ , 2023
DA TED: September/ 1, 2023
DA r ED: September / ;f. 2023
DATED: September __ , 2023
APPROVED AS TO FORM:
DA TED: September __ , 2023
Dated: September 2023
as TRUSTEE OF TH E KAZUMI I. BLACKBURN
TRUST ~~
JOHN ROBERT DELAND
as TRUSTEE OF THE DELAND TRUST
DANIEL BINER
as TRUSTEE OF THE DANIEL SINER TRUST
~/~-
RUSSELL DUCHEf<J~ividual
~---
as TRUSTEE OF THE JO-MARI E SEKOL
AND BARRY J. NIMAN FAMILY TRUST
THE CITY OF CARLSBAD
By: -------------SCOTT CHADWICK
Its: City Manager
CITY OF CAR LS BAD
By:-------------Cindie K. McMal on, Esq.
City Attorney
~---
By: ----+-_,,.---=-r----
Page 14 of 15
[DELAND COUNTERPART SIGNATURE]
Dated: September/'{ 2023
Thomas N. Parsekian, Esq., Attorney
for Plaintiffs
Mitchell . Dean, Esq., Attorney
for the City of Carlsbad
Page 15 of 15