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HomeMy WebLinkAboutPUD 09-02; Life Technologies/Mararisk Carlsbad/Griffin Capita; 2010-0029857; Parking AgreementF£GSP RECORDING REQUESTED BY AND - c,ori WHEN RECORDED MAIL TO: f City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) DQCtt 2010-0499652 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 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^fcfT 3.1 _, 2010 by (i) MARARISK CARLSBAD, LLC, a Delaware limited liability company r'Mararisk"), (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 ":;•;;.- instrument filed for record by Chicago T:..J Company as an accommodation only. It has no; i3in examined as to its execution or as to its cf'a^t 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 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 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 WESTY21853695.4 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. 462-7A, 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. 462-7A, and which cross-drainage is further depicted on Exhibits F, G. FL 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. 462-7A, 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 Parcel, 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 WESTA21853695.4 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 f, 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 self-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 WESTY21853695.4 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. WESTA21853695.4 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. 8 775 LIFE:Mararisk: LIFE TECHNOLOGIES CORPORATION, MARARISK CARLSBAD, LLC, a Delaware corporation a Delaware limited liability company By: Wes Uhlman, its Managing/Manager By: Robert C. Penney, /us Managing Manager WEST\21853695.4 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) - Life Technologies STATE OF CALIFORNIA COUNTY OF _, before me, S- Here insert Name and Title of the Officer (e.g., "/ane Doe, Notary Public") On OUryL- y, Zto/O personally appeared i^O-S<g./^>/-> y\f _ who proved to me on the basis of satisfactory evidence to be the person(s) whose subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(*es)-, 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. Signature of Notary Public (Seal) S. COLTON Commission » 1889058 Notify Public • California sin Ditgo County STATE OF COUNTY OF T) ,, U o before me, S. Here insert Name and Title of the Officer (e.g^, "Jane Doe, Notary Public") /personally appeared who proved to me on the basis of satisfactory evidence to be the personfs) whose subscribed to the within instrument and acknowledged to me that he/she/tkey executed the same in his/her/their authorized capacity(4es)', and that by his/hcr/their signature^ on the instrument the person^, or the entity upon behalf of which the personfs)~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. Signature of Notary Public (Seal) S. COLTON Commission * 1889058 Notary PubHc - California San Dfego County MrComm.&u«wJuft9.2014 WESTV21853695.4 10 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:Mararisk: LIFE TECHNOLOGIES CORPORATION, MARARISK CARLSBAD, LLC, a Delaware corporation a Delaware limited liability company By: Name: Title: By: Name: / Title: Wes Uhlman, its Managing Manager By:rs. Robert C. Penney, its Managing Manager WEST\21853695.4 STATE OF COUNTY OF On uAu&920/0 before me,n L • personally appeared Lf^fl I Notary Public, , 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. ^jitt^ &.%&w (Signature of Notary) L. 'J-'tn^. Ot 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:Mararisk: LIFE TECHNOLOGIES CORPORATION, MARARISK CARLSBAD, LLC, a Delaware corporation a Delaware limited liability company By: Name: Title: By: Name: Title:~7 By: Wes Unlman, ite-Managing Manager Robert C. Penney, its Managing Manager WESTV21853695.4 STATE OF \ Notary Public, personally appeared ^Y^^^C^T C_ ^ ~^&C\r\(2\l , 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. \\\\l//// WITNESS my hand and official seal. ^ —" • 5 _ ^[Signature of Notary) Rev. 12/17/2007 Assessor's Parcel Nos. 212-130-44,212-130-45 and 212-130-49 PUD 09-02(A) - Life Technologies Griffin Capital Corporation By: Print Name: Title: 8 781 STATE OF COUNTY OF On <TL)/7..before me. &• U NaHere insert Name and Title of the Officer (e.g., "Jane Doe, Notary Public")'personally appeared who proved to me on the basis of satisfactory evidence to be the person^fwhose namejXf i subscribed to the within instrument and acknowledged to me that he/she7the>fexecuted the same in his/herVthjdir authorized capacity(ieX^, and that by his/he^Aheif' signature^ on the instrument the personfaj, or the entity upon behalf of which the person(sj 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. Signature of Notary Public (Seal) WESTQ 1853695.4 12 Assessor's Parcel Nos. 212-130*44,212-130-45 and 212-130-49 PUD 09-02(A) - Life Technologies 878* Griffin Group: (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach 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 statement of partnership authorizing the partner to execute this instrument). Griffin Capital (Carlsbad Pointe) Investors, LLC By: Griffin Capital Corporation Its: Managing Member By: Print Name: Title: STATE OF COUNTY OF /ns On -JU/before me, Here inserlName and Title of the Officer (e.g.. "Jane doe, Notary Public") personally appeared who proved to me on the basis of satisfactory evidence to be the person^T whose namej^ is subscribed to the within instrument and acknowledged to me that he/she/theV executed the same in his/beVthpir authorized capacity^), and that by bis/hei/thelr signature(sf on the instrument the person(s£ or the entity upon behalf of which the personjX) acted, executed the instrument. 1 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. Signature of Notary Public (Seal) IWfiMMHflOMi Comm**»on# 17I* NotoiyfUMIc-CaMomki | WEST\21853695.4 13 8783 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 1, LLC, a Delaware limited liability company By: Croop Enterprises Inc., a California corporation Its: Managing Member By: Print Name: Title: STATE OF CALIFORNIA ) COUNTY OF ALAMEDA > On rJULl62010 . before me, BERNICE K- SCHNEIDER . Here insert Name and Title of the Officer (e.g., "'Jane Doe, Notaiy Public") personally appeared ^ Wft ft- D C* , Qfg-g)^ 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 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. Signature of Notaiy Public (Seal) COMM.*1W0707 NOTARY PUeUC AlAMEDACOUMTY». 2014 WEST\2I853695.4 14 8784 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 2, LLC a Delaware limited liability company By: The James Edwin Pon Revocable Living Trust Its: Managing Member By: _^ Print Name: ^ &n\ £s Edwi/rt Title: STATE OF COUNTY OF On . before me. personally appeared "3 . c. (XO\ o Hat insert Name and Title of the Officer (e.g.. "Jane Doe. Notaiy Public") who proved to me on the basis of satisfactory evidence to be the personf» whose name(s> is/are subscribed to the within instrument and acknowledged to me that he/she&hey executed the same in his/het/tbeir authorized capacity(ies), and that by his/her/iheir 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. V Signature of Notary Public (Seal) ANDREA BRODERICK Commission # 1867035 Notary Public • California San Miteo County My Comm. Expires Oct 3.2013 WEST\21853695.4 15 8785 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 3, LLC a Delaware limited liability company By: 3315JAJLLC Its: Managing Member By: Print Name: Title: By: Print Name: Title: STATE OF COUNTY OF On VNQCi.\3St V*. personally appeared Ae>s.&c>v\ L. , before me, ip Here insert Name and Title of the Officer (e.g., "Jane Doe, Notary Public") XM Public 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 bestehe/they executed the same in his/her/their authorized capacity(ies), and that by his/hw/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)Notary Public FRANK JOHN DELELYS COMM. #1842484 m Notary PuttioCrtfomla S2 MVERSOE COUNTY •* MyQQiiim.Exp.MAR2B.Z013 WESTV21853695,4 16 Assessor's Parcel Nos. 212-130-44,212-13(M5 and 212-130-49 PUD 09-02(A) - Life Technologies STATE OF COUNTY OF On (xoCbosv y>- "T-OvQ * before ' Hat insert Name and Title of the Officer (e.g.."!** Doe, Notmy Public") personally appeared ^os^pvv. i~. tM^G^\je.TT\ g Alkvyxtsi^ V^ >.{X^Ca^N-<cr\"T \ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) w/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. Signaturt^f Notary Public ^ (Seal) FRANK JOHN DELELYS COMM. #1842484NolwyPuMlo-CMfomlaCOUNTY ^^(28,2013 WESTU1853695.4 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 ilimi By: Print Name: Title: 8787 STATE OF Ot ft ^^ COUNTY OF Qxi+ On "Tf/ofo* personally appeared -L*u t C+t4<- , before me, J^> <V A,^ /T"75nJ 1 a AS<^ H- . A. ) ) ) lf/a ^u^(«' x*4<^? y wd Title of the Officer (e.gV "Jfc ( JA^iSl AeJbU^ ne Doe, Notary Public") __. * who proved to me on the basis of satisfactory evidence to be the' persoij(s)-whose subscribed to the within instrument and acknowledged to me that he/$he#hey executed the same in his/h^their authorized capacityQgs), and that by his^e^/their signature(s)-on the instrument the person(s)rPr the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PAT BLUME b COMM. #1778580 X NOTARY PUBLIC-CALIFORNIA & CONTRA COSTA COUNTY [ My Corom. Enpiret No». 24, 2011 b «^< »«Ji M1 V *w" *^" i^P1*^/*^ WEST\2I853M5.4 IS Assessor's Parcel Nos. 212-130-44,212-130-45 and 212-130-49 ° " PUD 09-02(A) - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 5, LLC a Delaware limited liability company By: Print Name: Title: STATE OF AMFORNJA _ ) COUNTY OF VgN"Tug.A _ ) On v\uU *? .WO before me, slow A. AlE*AKiT:>&<2- Mor-AC-w PufitU . ' Here insert Name md Title of the Officer (e.g., "Jane Doe, Notary Public") personally appeared _ WiuMAH Vv. VJtwsofO - ------------- --------- ~ . who proved to me on the basis of satisfactory evidence to be the person^) whose name(£](i§^tre subscribed to the within instrument and acknowledged to me tha^fie^he/.Ifeey executed the same in|iis$>e*/th«r authorized capacity(ieg), and that by<lns&er7th*ir 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. /Signature of Notary Public (Seal) JOHN A. ALEXANDER Commission # 1136332 Notary Public - Cillfornrt Ventura County WESTCl 853695.4 19 Assessor's Parcel Nos. 212-130-44,212-130^45 and 212-130-49 PUD 09-02(A) - Life Technologies 8789 Griffin Capital (Carlsbad Pointe) Investor 6, LLC a Delaware limited liability company By: Print Name: Title: A- - STATE OF COUNTY OF (h On Ou " personally appeared /v| QT 1C before me, Here insert Name and Title of the Officer (e.g.,Notary Public") 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 capaeity(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. fignature of Notary Public (Seal) WESTVZ 1853695.4 20 Assessor's Parcel Nos. 212-130-44,212-130-45 and 212-130-49 PUD 09-02(A) - Life Technologies 8790 Griffin Capital (Carlsbad Pointe) Investor 7, LLC a Delaware limited liability company By: Print Name: Title: fi ff-AJ STATE OF COUNTY OF u. \ I . before me ' He>e insert Name and Title of the Officer (e.g., "Jani Doe, TloUry personally appeared, who proved to me on the basis of satisfactory evidence to be the Dgreonfli) whose name subscribed to the within instrument and acknowledged to me th4jie>he/they executed'the same in/rn^ker/their authorized capacityfijeg£ and that bj^ojs^ier/their signature^ on the instrument the person(s)( or the entity upon benalf of which the personal 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) SANDRAHARMYK COMM. 11864142 NotaryPubKc-OHfomia S Napa County 7 Comm.ExpimSep6,»13J WEST\218S369S.4 21 Assessor's Parcel Nos. 212-130-44,212-130-45 and 212-130-49 PUD 09-02(A) - Life Technologies 8791 Griffin Capital (Carlsbad Pointe) Investor 8, LLC a Delaware limited liability company By: Print Name: Title: STATE OF COUNTY OF On Ju before me, insert Name and Title of the Office/(e.g.. "Jane Doe, Notary Public") h/i toe, Rotary personally appeared 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 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. ignature of Notary Public (Seal) OFFICIAL SEAL NOTARY PUBLIC-COMMONWEALTH OF VIRGINIA APRIL DAWN SHEEHAN COUNTY OF HENRICO ID # 7139170 My Commission Expires September 30, 2011 WESTS! 853695.4 22 Assessor's Parcel Nos. 212-130-44,212-130*45 and 212-130-49 PUD 09-02(A) - Life Technologies 8792 Griffin 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: By: Print Name: Title: STATE OF COUNTY OF . before me, Here insert Name and Title onhe Officer (e.gJane Doe, Notary Public") On personally appeared 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. Signature of Notary Tublic (Seal) SHEILA SPAIN \COMM. # 1340967 iNOURY PUBLIC • CALIFORNIA gCONTRA COSTA COUNTY 0COMM, EXPIRES MASCH 20,2013 f WEST\21853695.4 23 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) - Life Technologies 8793 STATE OF COUNTY OF On before me, Here insert Name and Title of the Officer (e.g./"jane Doe, Notary Public") personally appeared who proved to me on the basis of satisfactory evidence to be the per son(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.SHEILA SPAIN ' I COMM. # 1840967 \NOT»Ry PUBLIC- CALIFORNIA 0 CONTRA COSTA COUNTY 0 . EXPIRES MARCH 20, 201);'" i Signature of Notary Public (Seal) WEST\21 853695.4 24 Assessor's Parcel Nos. 212-130-44,212-130-45 and 212-130-49 8 ?Q 4 PUD 09-02(A) - Life Technologies H 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: By: Print Name: Title: STATE OF' COUNTY a — Onv . before personally appearedyM / MA&tJj~~ Here insert Natoe and Title of the Officer (C.B., "Jane Doe,ks") who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i^/are subscribed to the within instrument and acknowledged to me that he/sh^7the^executedTFe same in htsAef/their authorized capacity(ies), and that by his/hef/their signature(sXon 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.official seal. Sigfiatnre-ftfNotary Public (Seal) **t BRADLEY SCOTT 3ARGINSON > COMMj 1834149 «!NOTARY PUBLIC-CALIFORNIA UlCONTRA COSTA COUNTY "MY COMM. EXP. JAN. 30,2013 f WESTN21853695.4 25 Assessor's Parcel Nos. 212-130-44,212-130-45 and 212-130-49 PUD 09-02(A) - Life Technologies 8795 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: i/A/T STATE OF COUNTY OF (-0/71 rA On rldvtisl £ , £&/& ,before me, , ,,, v.^,, , . , ,,„,,-, „„, j > •~~T~ I & I Here insert Njpe and Tide of the Offiw (e.g., nallyappeared /y/€r~ K- Huni € faT^y O* Hit*?perso Doe, Notary Public")_ who proved to me ontKe basis of satisfactory evidence to b^theperson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they^ executed tne same in~fais/her/ttieir authorized capacity(ies), and that by-hts4»r/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. Signature of Notary Public (Seal) AILEEN M. AMES COUM. #1885440 NOTARY PUU.CNSSMMM WESTOl 853695.4 27 8796Assessor's Parcel 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: PrintName: Title: By: Print Name: Title: STATE OF a,/ortt/2 _ ) COUNTY OF 5*,* O/<i<?D _ ) On Jjv /g, 3tf to , before me, ' ~~ Here insert Name and Title of the Officer (e.g., "Jane Doe, Notary Public") personally appeared \txH\-e.trtf\* fi. Liu*rA/±sh _ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aw subscribed to the within instrument and acknowledged to me that be/she/they executed the same in his/her/their authorized capacity(ies), and that by hw/her/thek 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.OOOGOOO Signature of Notary Public ^ (Seal) WELDON W. GRIFFIN I COMM.* 1683548 4 NOTARY PiMUC-CALIFORMA 8 8AM WtOO COUNTY f MyOOMM.K^OctH.2010 I WESTS 1853695.4 29 Assessor's Parcel Nos. 212-130-44,212-130-45 and 212-130-49 o -, PUD 09-02(A) - Life Technologies O / 9 / 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: tr/.^jtsus*; // f . ^,* ^4s\^* * By: Print Name: Title: STATE OF COUNTY OF . Name and Title of the Officer (e.g!, "Jane Doe personally appeared 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. (Seal)Signature of Notary Public OFFICIAL SEAL REBECCA L WILDE NOTARY PUBLIC-OREGON COMMISSION NO. 414505 MYCOMMtSStONEXPIRES FEB.23,2011 WEST\2I853695.4 29 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 13, LLC a Delaware limited liability company By: Print Name: Title: 8798 STATE OF COUNTY OF On/Q .before** Nan* 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 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. WESTC1853695.4 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 P 7 ft n a Delaware limited liability company ° ' <yy By: The Jon Thomas Green Trust Its: Managing Member V * V . / " v *"""^J / ( +~f~ \ — , Print Name: ~ye>(M "TH^Wt-*" f &-& £^W Title: STATE OF COUNTY OF On jov. "3-D -?Q\Q . before me,iS ^ Here insert Name and Title of the Officer (e.g., "Jane Doe, Notary Public") personally appeared ~3ts»a "TWO>VM^<. r^fi.'E-'&.fr^ _ , 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/abe/tbey executed the same in his/her/their authorized capacity(ies), and that by his/ber/th«*r signature^ on the instrument the person^, or the entity upon behalf of which the person(s^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SignatuteVf Notary Public * (Seal) FRANK JOHN DELELYSt COMM. #1842484 m Notary PuWto-Crtfomia SfiWVBWOECOUNTY •* MyComm.Exp.MAR2B.2013 I WESTV2I8S3695.4 31 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 O S 0 0 By: Jackmar Realty Corporation By: Print Name: Title: STATE OF /\SJiAs-J y/t-J^ ) COUNTY OF \Aj^^JrUL^^^~> ) On 77 '^/ f <° •'before me«/ 'V . . Hwe inse^N$foe and/jtle of the Officer (e.g., "Jine Doe, Notaiy Public") personally appeared L/Cx^X-AV/^*/ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) r 10^ WESTU 1853695.4 32 Assessor's Parcel Nos. 212-130-44,212-130^*5 and 212-130-49 PUD 09-02(A) - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 16, LLC a Delaware limited liability company 8 8 Q 1 By: Print Name: Title: STATE OF COUNTY OF (1 Mere igscrt-Nape uid Title of the Offiier (e.g., "Jai|e personally appeared &CCfr(/ZyS\^ u? , who proved to me on the basis of satisfactory evidence to be the person(sjj whose name^ is/afe subscribed to the within instrument and acknowledged to me that he/sJfe/^Hey executed the same in his/nqfr/th^ir authorized capacity(i$fs), and that by his/h/r/th^ir signature^) on the instrument the personal), or the entity upon behalf of which the person(p) 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. Signature of Notaiy Public XSeal) i|^^^f Not<"V Public - Californiax. * \&f$*<&J Marin County MyComm.B(pBesSep30,2011 LISA A. WALSMITH Commission # 1769134 WEST\21853695.4 33 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 17, LLC a Delaware limited liability company By: Restated Forsyth Trust, dated September 19,2000 Its: Managing Member 8802 x&By. ...,Print Name: &VSV=&M Title: By: Print Name: Title: STATE OF COUNTY OF C personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) #are subscribed to the within instrument and acknowledged to me that hwWbe/they executed the same in his/her/their authorized capacity(ies), and that by hw/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. ature of Notary Public (Seal) APRIL HAM Commission # 1889917 Notary Public - California San Diego County My Comm. Expires May 18.2014 WESTOi 853695.4 34 Assessor's ParcelNos. 212-130-44,212-130-45 and212-130-49 PUD 09-02(A) - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 18, LLC a Delaware limited liability company By: VELO PARTNERS, a California general partnership, Sole Member By: Sandor Zirulnik and Frances Burgess Trust U/D/T 4/17/06, genMShpartner, By: Print Name: Title: By: Print Name: Title: fl r TO 'H1 8803 By: Steve and Jennifer Banker, husband and wife as community property, general partner By: Print Name: Title: x7 By: Print Name? Title: By: R/M Sabre Street Associates, LLC, a Delaware limited liability company, general partner By: ^ Print Name: 3J.<>S.f''<L Title: By: Print Name: i c^ Title: WESTO 1853695.4 36 Assessor's Parcel Nos. 212-130-44,212-130-45 and 212-130-49 PUD 09-02(A) - Life Technologies STATE OF COUNTY On personally appeared ^ Ahn finllins and Title of die Officer (e.g.', "Jane Doe, Notary Pilblic") who proved to me on the basis of satisfactory evidence to be the pexsonjfejjyhose subscribed to the within instrument and acknowledged to me that he/she$hey executed the same in Ws/h*r7tiieff authorized capacity(ies)TancJ that by his/her/f&eir'signature(s) on the instrument the person^ or the entity upon behalf of which the personj^Tacted, 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. On personally appeared Same and Title of the Officer (e.g., "Jane Doe, Notary Public") v personally oppcarcu f r lAjy ILX^S^ "\.\J \ WQ *SQ ^< , who proved to me on the basis of satisfactory evince to be the person^ whose namej^f is/are subscribed tojhe within instrument andacknowledged to me thaUjeTshe/tbey'executed the same in hiMier/jhetp authorized capacityfi^sXand that by hi^/her/Jh^signature^on the instrument the personj^X or the entity upon behalf of which the personj^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) 8804 WESrn218536954 37 STATE OF COUNTY OF On Assessor's Parcel Nos. 212-130-44,212-130-45 and 212-130-49 PUD 09-02(A) - Life Technologies _, before me, f personally appeared who proved to me on the basis of "Satisfactory evidence to be the personj^sjfwhose name^sfis/aW subscribed to the within instrument and acknowledged to me that he/sfie/they executed the same in jpgftier/thelr authorized capacityj^ies^and that by jxsTher/^helf signature^Tbn the instrument the personj^for the entity upon behalf of which the personj^racted, 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. 8805 Titlt of the Officer (e.g.", "Jane Doe, Notaiy Public") (Seal) STATE OF COUNTY OF ,, before me, lame and Title of tiie Officer (e.g.. "Jane Doe, Notary Public") personally appeared who proved to me on the basis of satisfactory evidence to be the person&fwhose namej^f is/a«r subscribed to the within instrument and acknowledged to me that he/sfee23wy" executed the same in his/hefTfEeiTauthorized capacityCJes^Tand that by his/rjar/tjiej^signatae(sfbn the instrument the personj^ffor 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.ALAMEMCOUNTY Coma Exp.jm.Y11,2012 WESTS 18S3695.4 38 Assessor's Parcel Nos. 212-130-44,212-130^5 and 212-130-49 PUD 09-02(A) - Life Technologies STATE OF COUNTY OF 8806 (e.g,, "Jane Doe, Notwy Public") personally appeared who proved to me on the basis of satisfactory evidence to be the person^ whose namej^f i subscribed to the within instrument and acknowledged to me that he/§he73rtfy"executed the same in his^jet/Ifieifauthorized capacityXietfjTand that by his/hefftheif signaturefsjon the instrument the person^ or the entity upon behalf of which the person^Tacted, 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. COMM. #1806195Notwy Puttto^Womta M AlAMEDACOUNTY 3 MyCotnm.6xp.JU.Y11.ai2 \ On personally appeared who proved to me on the basis of satisfactory evidence to be the persor subscribed to the within instrument and acknowledged to me thay*e7she/tbey~executed the same in big/her/Jhelr authorized capacity£ies^ and that by bis7her/thelrsignaturej(«jrbn the instrument the person£gjTor the entity upon behalf of which the person^faeted, 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. ;CHE^^COuW*i«TWEZ i COMM. #1806195 m COUNTY My Coma Bip. JULY 11,2012 | (Seal) WESTV21853695.4 39 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: 8807 By: Print Name: Title: J STATE OF COUNTY OF On \\ <U\kU \.^i° personally appeared and Title of the AVfl KWL who proved to me on the basis of satisfactory evidence to be the persons/whose name^pis/are subscribedtp4he within instrumentgnd acknowledged to me that Jie/sha^ev)bxecuted the same in itts/heJ^heir^thorized capacitj^esj*, and that by hts/bgf^fie!r^gnature^s}ton the instrument the person(s),Mthe 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. (Seal) CRAIG NEJDLE I COMM. #1842110 2 Notary Public - California g , Alameda County - MyComm. Expires Apr.^2013 [ WESTti 1853695.4 40 Assessor's Parcel Nos. 212-130-44,212-130-45 and 212-130-49 PUD 09-02(A) - Life Technologies STATE OF COUNTY OF On *-- OMt P 8808 _, before me, personally appeared who proved to me on the oasis of satisfactory evidence to be the subscribedJcLthe within instrument and acknowledged to in hJs/h^/them authorized capacitates), and that by lame and Tine of the Officer [e.g., "Jane Doe, Notary Public") (orf\ lose name0) is/are .ecuted the same >n the instrument the personfs^ 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. \^S~ of Notary Public (Seal) WESTO 1853695.4 41 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 20, LLC a Delaware limited liability company By: The Finberg Trust of 1995, dated April 4,1995 Its: Managing Member &By: Print Name: Pfcxfe/t F/ Title: 8809 STATE OF C A COUNTY OF A^W On f(^rK Vrtu 1 X2-0(< personally appeared V- } )?<d!G ) O i *" /^D .before me, cXI/) (V/Oit^ \ ( jO| ^Here insert N«me and Tifle of ftd 9 fe>i . K/oioi/u^^ Officer (e.^,, "Jane Doe, Notary Public") ^who proved to me on the basis of satisfactory evidence to be the person^) whose name(s^( is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed me same in his/her/their authorized capacity(ies)rand that by his/hw/teir 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. Signature of Public (Seal) •_jL_it. 1 i n ' ~t SHIVANI GUPTA t Commission # 1753766 I Notary Public • California | Alameda County WESTO18S3695.4 42 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 21, LLC a Delaware limited liability company By: The Hans Kruger Trust Its: Managing Member By: Print Name: Title: 6810 STATE OF COUNTY OF On _, before me, Here insert Name and Tide of the Officer (e.g., "Jane Doe, Notary Public") personally appeared ^___ who proved to me on the basis of satisfactory evidence to be the person^fwhose name(s)r is/are^ subscribed to the within instrument and acknowledged to me that he/jsheftbeyjsfecuted the same in his/her/flieif authorized capacity(t£0Tand that by tos/h*r/ffieirsignature(gfon the instrument the person£s)f6i 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. Signature of Notary Public (Seal) E COMM. #1766701 z Notary Public - California » Alameda County ° p. 10,2011 f WEST\21853695.4 43 Assessor's Paroel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) - Life Technologies 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: 8811 By: Print Name •L/~L Title: STATE OF COUNTY On >i>«> w personally appeared ?-\(>^irc£- , before Hefe insert Name and Title of the Officer (e.g., "Jane tJUA>ud<^ S who proved to me on the basis of satisfactory evidence to be the person(s£whpse name subscribed to the within instrument and acknowledged to me that Jae/shefthg^ executed the same inJtts&eri^Jhei^ authorized capacity(ies), and that by tis&er/ih^signature® on the instrument the persontsjfor 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. (J Signature of Notary Public ;Seal) W5PORN WANTHIVAHOUD-BAILEY | Commission * 1838030 Notary Public • California Los Angeles County My Comm. Expires Feb 23.2013 I"*iiiiiiiii»v*7 WESTO1853695.4 44 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 23, LLC a Delaware limited liability company By: Print Name: loe 5 Title: . T(A 8812 By: ^_ — ^ Print Name: / \ J o <M/V.vN-e (^ T> U Title: STATE OF COUNTY OF L/^ArVAPi Name «xl TiUe of*e Offiwr"(e.g., personally . who proved to me on the basis of satisfactory evidence to be the piCTSon(s))j5Jhose subscribed te-t^e within instrument and acknowledged to mej&at he/rfie/^yVxecuted the same in his/her/meijWhorized capacity(j^)and that by his/her/Meirjsignatuj^^on the instrument the person®Tor the entity upon behalf of which the person^ficted, 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. W y hand and official seal. lature of Notary Public (Seal) ^CYN^IHIAVIVEROS § COMM.# 1730305 2 NOTARYPUBUC - CALIFORNIA*- LOS ANOELES COUNTY j My Comm. Expires Mardi10,JZ01lJ WEST\21853695.4 46 Assessor's Parcel Nos. 212-130^14,212-130-45 and 212-130-49 PUD 09-02(A) - Life Technologies STATE OF i£L COUNTY OF On Ojnilf\ before me, C< Herel (\ Kfc>Oal A/ U Name and Titte of fte (eT&. "Jane Doe, personally appeared _ 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. SignalurEof Notary Public (Seal) CYNTHIA VIVEROS f COMM.# 1730305 =, NOTARY PUBLIC - CALIFORNIA^ LOS ANGELES COUNTY ^ My Comm. Expires March 10, 2011 f ''''' 8813 WESTU 1853695.4 47 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 By: Print Name: Title: 8 8 1 4 STATE OF COUNTY OF On /& personally appeared before me,/? Here insert Name and Title of the Officer (e.g., "Jane Doe, Notary Public") who proved to me on the basis of satisfactory evidence to be the person{$f whos subscribed to the within instrument and acknowledged to me that^^she/they executed the same in ^/her/their authorized capacity(jes), and that by hls)her/their signature^ on the instrument the person(X), or the entity upon behalf of which the person(g) 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. Signature of Notary J^blic (Seal) WESTO 1853695,4 4g 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 By: PriTitle: 8815 STATE OF •VDTv COUNTY OF Public") personally appeared a^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. of Notary Public (Seal) 1MAGGIE CASTRO Commission # 1764204 Notary Public - California | Los Angeles County WESTV21853695.4 49 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 26, LLC a Delaware limited liability company By: Windman Declaration of Trust Its: Managing Member By: Print Name: Title: 8816 STATE OF CA COUNTY OF US On . before me, nercona.lv eana who proved to me on the basis of satisfactory evidence to be the personj^f whose nam subscribed to the within instrument and acknowledged torn6 ^at k«(sn<^they executed the same in his^ep^heir authorized capacity^fes^ and that byhh^^their signaturej^f on the instrument the personfsjC 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. hand and official seal. Signature of Notary Public (Seal) KRYSTLE CLARKE Commission # 1 734669 Notary Public - California i San Mateo County KVConm.ExpteiMg27.20n \ WESTO 1853695.4 50 Assessor's Parcel Nos. 212-130-44,212-130-45 and 212-13049 PUD 09-02(A) - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 27, LLC a Delaware limited liability company By: Print Name: Title: 8817 zr: OF COUNTY OF On . before me.BJg£A#>A fy &4 kWA/toT/tt*' PUPUC, Hereinsert Name and Title of the Officer (e.g., "Jane Doe, Notary Public") F£T£fc <T-personally appeared who proved to me on the basis of satisfactory evidence to be the person^ whose name(») is/a» subscribed to the within instrument and acknowledged to me that he/Bh«/thty executed the same in his/hefi&ek authorized capacity(*e9>, and that by his/her/their signature(6>on the instrument the person(s), 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. ^^ Signature of Notary Public (Seal) fBRENDA N. BALANDA COMM. #1888637 NOTARY PUBLIC-CALIFORNIA J( MARIN COUNTY U My Comm. Expirw May 23, 2014 "fv v v v v v v ^ WESTA21853695.4 51 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: Title: 8818 STATE OF <^i COUNTY OF K^< On fW "^O < personally appeared \, VC^T n i°- •x_no\.V 2/310 .before PYv, 11;^ ) ) ) Itere insert Name and Title of die Officer (e.g., t> l\J«M^rv_L< "lAe Doe. Notary Public^ . * 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. C\^~jj^^ Signature of Notary Public (Seal) JEANETTE 1. PAULS I Commission # 1752659 f Notary Public - California * Napa County i ^Cornm.Exp>9sJun23.20n f WESTVZ 1853695.4 52 Assessor's Parcel Nos. 212-130-44, 212-130-4S and 212-130-49 PUD 09-02(A) - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 29, LLC a Delaware limited liability company By: Print Name: Title: By: Print Name: Title: 8819 STATE COUNTY On __ ^ ^^ ^_ who proved to me on the basis of satisfactory evidence to be the person(sXAvfaose name(s) i subscribed tojhe within instrument and acknowledged to melhat he/sha(^ve)(ecuted the in his/her/tl^e^aothorized capacity(ies), and that by Ms/her/toeir)signature(syon the instrument the personts^or the entity upon behalf of which the persorw^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. Signature of Notary Public.(Seal) MELISSA CHRISTINE EATON [ COMM. #1846172Notary Public • Califorr Contra Costa County jjyComm. Expires May 22L2(H3| California § WESTVZ18S369S.4 53 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) - Life Technologies STATE 8820 » J ti_r I '_r ~"|'_fi r- •• f• 'I 1-1 | * U r i—i—t^rf-j , /O HereTnsert Name ant Tffle of the Officer (e.g^/'isne DM, Nottw hiblie") personally^appeared .Ona^XA (V>T7^>SV^ CLX^A Nff C^QVya TV who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he/she^tie^executed the same in his/her/^^&uthorized capacity(ies), and that by his/her/(tfiek}ignature(s) on the instrument the personts^Tor the entity upon behalf of which the person(!)"8eted, 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. itllSSA CHRISTINE EATON I COMM. #1846172 z Notary Public • California § Contra Costa County M^Cojm Expires May 22^2013 [ -^—g - — jr Signature of Notary Public / (Seal) WESTO1853695.4 54 APPROVED AS TO FORM: DON NEU, Planning Director Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(A) - Life Technologies RONALD R. BALL, City Attorney 8821 JANE MOBALDI, Assistant City Attorney WESTA2I853695.4 55 EXHIBIT A Property Description 8822 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 EXHIBIT B Description of the Mararisk Parcel 8823 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 WES7A21853695.4 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. 8824 WESTV21853695.4 EXHIBIT D Description of the LIFE Parcel That certain real property in the City of Carlsbad, County of San Diego, State of California, 8825 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 GRIFFIN BUILDING 5781 VAN ALLEN WAY APN: 212-130-44-00 LIFE PARCEL 5792 VAN ALLEN WAY APN: 212-130-49-00 E - SITE PLAN 8827 EXHIBIT F Cross-Drainage CURB & GUTTER RETAINING WALL AREA OF MARARISK PARCEL DRAINING ONTO GRIFFIN PARCELMARARISK PARCEL PROPERTY LINE AREA OF GRIFFIN PARCEL DRAINING ONTO MARARISK PARCEL GRIFFIN PARCEL 5781 VAN ALLEN WAY PROPERTY LINE STORM DRAIN BENEFITING GRIFFIN & MARARISK PROPERTY LINE MARARISK PARCEL 5791 VAN ALLEN WAY <\Jco CO 03 = IIu PROPERTY LINE GRIFFIN PARCEL 5781 VAN ALLEN WAY AREA OF LIFE PARCEL DRAINING ONTO GRIFFIN PARCEL LIFE PARCEL LU tr UJo_ocro_ 50 25 0 50 100 150 o CO CO CO CQ w61 § '2Q ao GRIFFIN PARCEL 5781 VAN ALLEN WAY I Q STORM DRAIN SYSTEM BENEFITING LIFE & GRIFFIN PROPERTY LINE STORM DRAIN SYSTEM BENEFITING LIFE & GRIFFIN LIFE PARCEL STORM DRAIN \ SYSTEM BENEFITING LIFE & GRIFFIN 00 CO HHHpq53Xu -Drainae022u 1 — ) — ^^^ l_ S X,X 1 ,U i ,~1i 1 '!1 u 1 !ii i c RETAINING -^ WALL \ i Y-J^ } i i\j I l ii i |1 U GRIFFIN PARCEL 5781 VAN ALLEN WAY 1 1 l I 1 !\ m LXXX p<[spL>w>i><* AREA **^* OF PARCEL DRAININGf} L I\ .IFE F'ARC X*><ix>;v>VS/TvXF 1 1 ' 1 1 ]' GRIFFIN U ONTO:EL ") /^Xy / -"* J *vV^rv V \ / \ X D1 ! i^vNf>r ;x^>x yf t 1 ;HXn ^CJ^v> ( — PROPERTY LINE f] Lj LIFE PARCELn11 In ~s^M PROPERTY--* 1 1 jff LINE ^^ 40 20 0 ^0 BO 1ZO CNJ CO 00 CO x MARARISK BUILDING 5791 VAN ALLEN WAY APN: 212-130-45-00 GRIFFIN BUILDING 5781 VAN ALLEN WAY APN: 212-130-44-00 I LIGHT FIXTURE, TYP. £^<r 1-1- I •fl*'M_±l±-l J-l-1-!4' ' -**• ' "** ' * ' **•-' "*"J-H-jLLT-H'1U ±-L3L-LB ±J ±J t-LJ-U." . A \ 11 ll 1111! TLr PROPERTY LINETrTTTili fl TTTTn Ti rl TTTT FUTURE PARKING AREA II11 H^^kULfl-^^m^4U4IkriJ II11 ITITITITITIT1TITIT jTrTITITmTimpgTITTTulTmTITI PROPERTY LINE PROPERTY LINE EXHIBIT K - ELECTRICAL UTILITY EASEMENTS roo Exhibit L Cross Drainage 8833 PROPERTY LINE ras- o O COo ir IX)o •CK GRIFFIN PARCEL 5781 VAN ALLEN WAY 8834 EXHIBIT M Parking Summary Provided Required PUD 09-02(A)/ Parking Parking1 CD 10-04 Required r\Parking 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 ' 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 10-04.. 2 Total required parking is stated as part of PUD 09-02(A) and CD 10-04 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 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) DOC# 2010-0029857 JAN 21,2010 8:00 AM 471 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES' 196.00 PAGES: 63 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02 - Life Technologies RECIPROCAL PARKING AND ACCESS AGREEMENT This Reciprocal Parking and Access Agreement ("AGREEMENT") is entered into as of July 20, 2009 by MARARISK CARLSBAD, LLC, a Delaware limited liability company ("Mararisk"), GRIFFIN CAPITAL CORPORATION, a California corporation ("Griffin"), as manager and agent for the fee owners of the real property located at 5781 Van Allen Way, Carlsbad, California (which fee owners are identified below on the signature pages and are hereinafter collectively referred to as the "Griffin Group"), and LIFE TECHNOLOGIES CORPORATION, a Delaware corporation (formerly known as Invitrogen Corporation) ("LIFE"). Mararisk, the 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, the 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. The 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 is the asset manager for the Griffin Group, the fee owners 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"). D. Life is the fee owner of that certain real property located in the City of Carlsbad, County of San Diego, State of California, and more particularly described on Exhibit D attached hereto (the "LIFE Parcel"). WEST\21688014.10 329560-000016 1 T,;:3 instrument filed for record by Chicago i L::: Company as an accommodation only. It has no; b33ii examined as to its execution or as to its effect upon the title. APN 212-130-44,212-130-45 and 212-130-49 PUD 09-02 - Life Technologies E. The Griffin Parcel, the Mararisk Parcel and the Life Parcel are sometimes 4 7 2 hereinafter referred to collectively as the "Parcels." F. Pursuant to Exhibit E attached hereto and incorporated by this reference, the Griffin Parcel is developed with one building (identified as "Griffin Building") totaling approximately 326,820 square feet and an associated 700-space parking lot. Said real property is addressed as 578 1 Van Allen Way, APN 2 12-1 30-44-00. G. Pursuant to Exhibit E, the Mararisk Parcel developed with one building (identified as "Mararisk Building") totaling approximately 74,674 square feet and an associated 28 1 -space parking lot. Said real property is addressed as 5791 Van Allen Way (APN 2 12- 130-45-00). H. Pursuant to Exhibit E, the LIFE Parcel is a vacant lot other than existing recreational improvements (e.g., an outdoor basketball court and a recreational field). Said real property consists of approximately 8.95 acres (APN 2 12-1 30-49-00). 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. LIFE intends to construct certain parking improvements on a portion of the LIFE Parcel in the location as the "Future Parking Area" depicted in Exhibit E attached hereto, and all of the parking spaces located on the LIFE Parcel shall be subject to the easements created by this AGREEMENT. L. The combined number of parking spaces for the Griffin Parcel, Mararisk Parcel and LIFE Parcel (including the number of parking spaces to be constructed on the LIFE Parcel in the Future Parking Area) amounts to 1,343 off street parking spaces and will comply with the City of Carlsbad's minimum parking requirements applicable to the Parcels pursuant to the Carlsbad Research Center Specific Plan, SP-180F and the Carlsbad Municipal Code ("CMC") Chapter 2 1.44. M. It is the intent and desire of the Owners to share said existing 1,343 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 the CMC Chapter 2 1.44. N. LIFE desires to facilitate truck traffic between the Griffin Parcel and the Mararisk Parcel by installing a truck driveway between the Griffin Parcel and the Mararisk Parcel in the area depicted as the "Truck Driveway Connector" on Exhibit E attached hereto (the "Truck Driveway Connector"). APN 212-130-44,212-130-45 and 212-130-49 PUD 09-02 - Life Technologies 0. This AGREEMENT is intended to satisfy Condition Nos. 20 and 33 of the 413 Conditions of Approval set forth in the Non-Residential Planned Development Approval letter (PUD 09-02) for LIFE dated May 4,2009. 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 and LIFE and to their respective successors and assigns, and Griffin 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 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 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 hereby grants and conveys to Mararisk and LIFE and to their respective successors and assigns, and Mararisk and LIFE hereby accept from Griffin, a permanent, non-exclusive easement for vehicular and pedestrian access to and from the Mararisk Parcel and LIFE Parcel upon, over and across those portions of the 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 and Mararisk and to their respective successors and assigns, and Griffin and Mararisk hereby accept from LIFE, a permanent, non-exclusive easement for vehicular and pedestrian access to and fiom 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 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 and Mararisk Parcels. 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. An undivided total of at least 1,343 parking spaces shall be accessible, striped, and available at all times for the employees and guests of the Parcels as 414 APN 212-130-44,212-130-45 and 212-130-49 PUD 09-02 - Life Technologies 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 and to their respective successors and assigns, and Griffin 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 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. 462-7A, and which cross-drainage is further depicted on Exhibits F and G attached hereto. 3.2 Griffin Parcel. Griffin hereby grants and conveys to Mararisk and LIFE and to their respective successors and assigns, and Mararisk and LIFE hereby accept from Griffin, 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. 462-7A, and which cross-drainage is further depicted on Exhibits F, G, H and I attached hereto. 3.3 LIFE Parcel. LIFE hereby grants and conveys to Griffin and Mararisk and to their respective successors and assigns, and Griffin 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. 462-7A, 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 APN 212-130-44,212-130-45 and 212-130-49 PUD 09-02 - Life Technologies Owner will give at least ten (1 0) 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 Easements. Griffin hereby grants and conveys to LIFE and to their respective successors and assigns, and LIFE hereby accepts from Griffin, 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 reserves the right to relocate, at Griffin'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 will use commercially reasonable efforts to minimize any disturbance or inconvenience to the use of the LIFE 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; provided, however, to the extent any Parcel is dependent upon parking spaces located on another Parcel in order to comply with the City of Carlsbad's minimum parking requirements (determined as though such Parcel is a stand alone parcel without the benefit of the reciprocal parking established by this AGREEMENT), then the Owner benefiting from the parking spaces located on another Parcel in order to comply with such parking requirements shall contribute to the Owner of the Parcel upon which the additional parking is located an amount equal to the Benefiting Owner's fair share of the cost of all such maintenance, repair and replacement, which fair share will be based on the following ratio: the numerator of which shall be the number of parking spaces located on the other Parcel by which the Benefiting Owner and its Parcel is dependent upon for compliance with such minimum parking requirements and the denominator of which is the total number of parking spaces located on the other Parcel. Any such contribution shall be due and payable within thirty (30) days after the Owner seeking reimbursement submits to the Benefiting Owner a written request for reimbursement and provides reasonably adequate documentation as to the costs incurred and the basis upon which the costs are allocated among the Owners. By way of example solely for the purpose of illustrating the foregoing (which example is applicable only during such time as the LIFE Parcel is unimproved as to any building improvements), if the LIFE Parcel contains 203 parking spaces of which 24 such spaces are allocated to the Mararisk Building and 166 such spaces are allocated APN 212-130-44,212-130-45 and 212-130-49 PUD 09-02 - Life Technologies to the Griffin Building and LIFE expends the sum of $1 0,000 on maintaining and repairing the parking area located on the LIFE Parcel, then Mararisk shall be obligated to contribute to LIFE the sum of $1,182 [i.e., the product of 11.82% (the ratio of 24 parking spaces to 203 parking spaces) and $10,0001 and the Griffin Group shall be obligated to contribute to LIFE the sum of $8,177 [i.e., the product of 8 1.77% (the ratio of 166 parking spaces to 203 parking spaces) and $10,0001 within thirty (30) days after LIFE requests such reimbursement in writing and provides reasonably adequate documentation as to the costs incurred and the basis upon which the costs are allocated among the Owners. In this example, the balance of the maintenance and repair costs shall be borne by LIFE. Notwithstanding the foregoing example, 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 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 self-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 477 APN 212-130-44,212-130-45 and 212-130-49 PUD 09-02 - Life Technologies 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 3 143 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 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. Assessor's Parcel Nos. 212-130-44,2 12-130-45 and 2 12-1 30-49 PUD 09-02 - Life Technologies 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 478 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. 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. 9. 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. Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. LIFE: Mararisk: LIFE TECHNOLOGIES CORPORATION, MARARISK CARLSBAD, LLC, Assessor's Parcel Nos. 2 12- 130-44,2 12-1 30-45 and 21 2-1 30-49 PUD 09-02 - Life Technologies 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. 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. 9. 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 fbture owners and tenants of the Parcels that their use shall be benefited andlor burdened in the manner described herein. Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. LIFE: Mararisk: LIFE TECHNOLOGIES CORPORATION, MARARISK CARLSBAD, LLC, a Delaware corporation a Delaware limited liability company I By: &d. b2-A r 0. Name: / ' p.d;n?; : Si. Title: fn\r~~I( obert C. Penney, / its Managing ~ana~er Assessor's Parcel Nos. 2 12- 1 30-44,2 12- 130-45 and 2 12- 130-49 PUD 09-02 - Life Technologies 7. Covenant Runnin~ 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. Modifcation 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. 9. 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 andlor burdened in the manner described herein. Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. LIFE: Mararisk: LIFE TECHNOLOGIES CORPORATION, MARARI CAIUSBAD, LLC, a Delaware corporation Name: Wes C. Uhlrnan, Title: its Managing M7 BY: Ji s Managing Manager Assessor's Parcel Nos. 2 12- 130-44,2 12- 130-45 and 2 1 2- 130-49 481 PUD 09-02 - Life Technologies 7. Covenant Runnin~ 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. 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. 9. 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. Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. LIFE: Mararisk: LIFE TECHNOLOGIES CORPORATION, MARARISK CARLSBAD, LLC, a Delaware corporation / a Delaware 7 iability company Name: lwes C. Uhlman, Title: By: z By: By: its Managing Manager STATE OF CALIFORNIA ) COUNTY OF hfl U\qo j ss. 1 personally appeared who proved to me on ubscribed to the I certify under PENALTY OF PERJURY under the laws of the State of paragraph is true and correct. Cd ( ;fi rfl&it the foregoing WITNESS rpy hand and official seal. Assessor's Parcel Nos. 2 12- 130-44, 2 12-1 30-45 and 2 12- 130-49 PUD 09-02 - Life Technologies 453 STATE OF CALIFORNIA 1 On OCS- / 2 ~00cf , before me, S . CO /+On; d~f~cr~ Pdb? c Here insert Name and Title of the Officer (e.g., "Jane $oe, Notary Public") h , SP personally appeared SO =i> c~nd(l~: (T/. ' , who proved to me on the basis of $atisfactory evidence to be the person@ whose namefs~lare- subscribed to the within instrument and acknowledged to me that he,kh&hey executed the same in hisl-ir authorized capacity*), and that by his* signature@) on the instrument the person&), or the entity upon behalf of which the persono 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 mv hand and official seal. Signature of Notar) Public (seal) STATE OF 1 COUNTY OF On , before me, / , ""' '""" 7 i;d Title of the Officer (e g , "Jane Doe, Notary Public") personally appeared , who proved to me on the basis &ce to be the person(s) whose name(s) islare subscribed to the within to me that helshelthey executed the same in hislherltheir signature(s) on the instrument executed the instrument. of California that the WITNESS my hand ,ydofficial seal. , ~kature of Notary Public (Seal) Assessor's Parcel Nos. 212-1 3044,212-1 30-45 and 212-130-49 PUD 09-02 - Life ~ecbwlogie$8 4 STATE OF CALIFORNIA ) COUNTY OF // On , before me, , of the Officer (e.g., "Jane Doe, Notary Public") personally appeared , who proved to me on the b be the person(s) whose name(s) idare subscribed to the within in me that helshelthey executed the same in hisherltheir authorized eir signature(s) on the instrument the person(s), or the entity acted, executed the instrument. I certify under PENALTY e State of California that the foregoing paragraph is tru WITNESS my hand official seal. / (Seal) 1 STATE OF 'b~&\ htJ 1 COUNTYOF \C? , 1 ) who proved to me on the basis of satisfactory evidence to be the person@) whose name(s- subscribed to the within instrument and acknowledged to me that executed the same in ti$her/rkeirauthorized capacity-and that by l&&d&w signature(s) on the instrument the personeor 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 Ck&mkt that the foregoing paragraph is true and correct, ,,\\t:i.~i~it~~,~ .-.' fA t9 €f3@#J WITNESS my hand and official seal. :.$$a ' * ' ' a. +"% 2'6. o~hKY **. % + 0 2 I Signature of Notary Public STATE OF CALIFORNIA Assessor's Parcel Nos. 2 12- 130-44,2 12-1 30-45 and 2 12- 130-49 PUD 09-02 - Life Technologies COUNTY OF 1 On , before me, 7 Here insM(~ame and Title of the Officer (e.g., "Jane Doe, Notary Public") personally appeared .Y who proved to me on the basis o idence to be the person(s) whose name(s) islare subscribed to the within instrum edged to me that helshdthey executed the same in his/her/their authorized capac by hidherltheir signature(s) on the instrument the person(s), or the entity upon the person(s) acted, executed the instrument. I certify under RJURY under the laws of the State of California that the WITNESS my hand d official seal. 7 of Notary Public (seal) STATE OF 0 1 who proved to me on the basis of satisfactory evidence to bk the person(s) whose narne(s)&hr subscribed to the within instrument and acknowledged to me that @- executed the same in his/her/their authorized capacity&@, and that by signature(s) on the instrument the person@, or the entity upon behalf of which the personmcted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State o that the fbregoing paragraph is true and correct. WITNESS my hand and official seal. --- (Seal) - * *: Signature of Notary Public - ;: ;ss)on 5$@ wl. 4-n-11 z / **~JBL\~* 3 0* 5 9 a \\ " \ 0, ate of ~\a;,\\ WFSTU 168801 4 10 '///ti r I 1 329560-00001 6 9 Assessor's Parcel Nos. 21 2-1 30-44,212-130-45 and 21 2-1 30-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investors, LLC, a Delaware limited liability company By: Griffin Capital Corporation Its: Managkg Member By: Name: Title: (.&,c On CQdahee 13,2.039 , before me, Xy (J /?~f-h& r~ Stom , DOfCtlZy pUbl!'c I lcre insen Nnmc and l'itlc nf tllc C)lficcr (c.g. "Jane Doc. Noti~ry Public") personal 1 y appeared kI(e0r'/, R. 91 ie Id5 9 who proved to me on the basis of satisfactory evidence to be the person$!$wl~ose namewslp6 subscribed to the within instrument and aclcnowledged to me that he/s~/tl~executed the same in hislhafltl~~authorized capacity(H and that by hislhflth#signaturM on the instrument the persoM or the entity upon behall'of wl~ich the personwacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cdifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. V~i~nature of Notq Public (Seal) Commlulon # 1786069 notary Puwc - Calltornta lor Angol.8 cow BEST Griffin Group: Assessor's Parcel Nos. 212-1 30-44,212-130-45 and 21 2-130-49 PUD 09-02 - Life Technologies 487 (Cl?airman, president or vice-presideill arm' seci-etniy, assistaut secretary, CFO or assistarlt tieensu~-ei. mrzrst sign for corporatioi~s. Otkel~vise, the corporation must attach a reso1zrtioi.1 certlfid by the secretmy or assistant secretmy zmder cor-porate seal entyo~ue~.irlg rhe of3cer.s) sigmhg co bird the corpor.ntion.) (rsigr~ed by an iitdi~~idzml pal.tnei-, the partnership ~~zrrsi nttacl~ a statemen1 ofpartnersltip azrthol-isi17g the pal-tnrr- to mecute this irisb-Icmeiit). Griffin Capital (Carlsbad Pointe) Investor 1, LLC, a Delaware limited liability company By: Croop Enterprises Inc., a CaIifornia corporation Its: Managing Member scu C. Croop 1 Title: President STATE OF hd ) subscribed to the within instrument and acknowledged to me that h~/she/tl~ey executed the same in l~&/her/their authorized capaci&(ies), and that by hklherltheir signatw-ds) on the instrument the persods), or the entity upon behalf of which the persog(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. Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 2, LLC a Delaware limited liability company j o o By: The James Edwin Pon Revocable Living Trust Its: Managing Member By: James Edwin P Title: Trustee 09 Date STATE OF COUNTY OF On to \Vca\CP\before me, Here insert Naraeand Title of the Officer (e.g. V"t>r~-l T&*A f .g., "Jane Doc,Notaiy Public") personally appeared who proved to me on the basis of satisfactory evidence to be the person^s) whose namej^is/we- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hor/thcir authorized capacity£ies), and that by his/hcr/thoir signature's) 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. of Not^y Public (Seal)v •* JIM LEACH Commission # 1833218 Notary Public - California \ San Francisco County • My Comm Expires Jan 25. 20131 {8010-001 00039271/3) WEST\216880K10 329560-000016 Assessor's Parcel Nos. 21 2-1 30-44,212-130-45 and 2 12-1 30-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 3, LLC a Delaware limited liability company By: 33 15 JAJ LLC Its: Managing Member Title: Trustee Title: Trustee Date STATE OF 1 &buu 1 COUNTY OF 1 on /1"ul@6.lim#$0~ , before me, Here ~nsert Namc and T~tle of the Officer (e.g . "Jane ~og~otnr~ Public") personally appeared ' ~wik A% 4b7/ , who proved to me on the basjsuof satisfactory evidence to be the personwwhose name(& is/& subscribed to the within instrument and acknowledged to me that he/&&th@executed the sane in 11isA~~ authorized capacity(i@, and that by hisApM&& signature&) on the instrument the persow, 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 oficial seal. Assessor's Parcel Nos. 21 2-1 30-44,2 12-1 30-45 and 21 2-1 30-49 PUD 09-02 - Life Technologies STATE OF afltc @Z?N{R 1 0 ,do 1 COUNTY OF & 1 On u"~rly& f140% before me, ($- d- //&>e"- bo WAB~ I Here inscn Nnme nnd Title of the Officer (e g , "Jane ~oe~olu~y Public") personally appeared ,-%A ,&h ,qgv/ , who proved to me on the basis of satisfactory evidence to be the person(mhose nanle@%is/a% subscribed to the within instrument and acknowledged to me that %eltl&y executed the same in &&her& authorized capacity(j& and that by @&her/Wsignature@ 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. (Seal) Assessor's Parcel Nos. 2 12- 130-44, 2 1 2- I 30-45 and 2 12-1 3 0-49 PUD 09-02 - Life Teclnologies Griffin Capital (Carlsbad Pointe) Investor 4, LLC a Delaware limited liability company - - Diane Howard eld ding' Date \i STATE OF 1 personally appeared y subscribed to the witlin instrument and aclcnowledged to me tl~atk/she/t~executed the sane in lGT~er/tkeTr authorized capacity(i6, and that by his/her/tl& signature(6on the instrument the person@, or the entity upon behalf of wlljcl~ the person(t$ 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. .- - / Signa~ure orNotary Public (Seal> Assessor's Parcel Nos. 21 2-130-44, 212-1 30-45 and 21 2-130-49 PUD 09-02 - Life Teclmologies Griffin Capital (Carlsbad Pointe) Investor 5, LLC a Delaware limited liability company William W. Wilson Date STATE OF CO\\?OYN;;CI 1 1 COUNTY OF \+3'n9~4 1 on &e~fl, \ before me, hnn&~L~b\ M~GW&I, NQNM vub\\c , Here inseri Namc an8 Tiltc.of'Ilic ~flicd(c g , "Jiinc ~af. Nol;lry Puhl~c.') personally appeared bb\LDn J who proved lo me 011 the basis of satisfactory evidence to be the person(@ whose nam* ish subscribed to the wilhin instrument and aclnowledged to Ine that he/- executed the same in hislkerkkeit authorized capacityw), and that by hishedthek signature@-on the instrument the person@, or the entity upon behalf of wl~icll the personCd/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. Assessor's Parcel Nos. 2 12-1 30-44,212-130-45 and 2 12-1 30-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 6, LLC a Delaware limited liability company Mark A. Rooker /dL/Of Date STATE OF f#\ ) COUNTY OF 4-b~u~(- 0 1 ! z L , bcfure me; Chi &f, ihw I \ : ;Ir3\ of the Omccr (c g.. "Jinne Doe. persondly appeared I who proved to me on the basis ol'satislhctol-y evidence to be the person@whose name@ subscribed to the within instrument and acknowledged to me that^^ executed the same in &hd&cirauthorized capacity@@, and that by ~uxkki~ signature(s) on the instrument the person@, or the entity upon behalf of which the persowacted, executed the instnment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) OFFICIAL SEAL NOTARY WBUCCOMLKW(WUm OF VIrn CHRISTIE R. JOHNSON COUNTY OF HENRICO ID # 7103493 My Commission Expires Assessor's Parcel Nos. 21 2-1 30-44,2 12-1 30-45 and 21 2-130-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 7, LLC a Delaware limited liability company Jo ln rncich h </$.lo Date STATE OF . 1 \ - 3. n& ; before me, FR~~%~&I, NDTfiP7 PYBC(C 1 - tle!e tnscn Name at Tttle olAlhc Ofliccr (e g "Jane be Notary Publ~c ') personally appeared -ad '1 R\~ (.! fi! i'-. 1 L -1.1 , who proved to me on the basis of satisfactol.y evidence to be the person(+whose na~ne(+~s/;m subscribed to the within inslru~nent and aclillowledged to me that I~cl~l~epexecuted the same in llis/Wtkeir authorized capacity(@, and that by his/kdth&signature(+n the instrument the person@, or the entity upon behalf of which the person(s+acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. -\ mc.-----! J Signature of Notary Public (Seal) Commlsrlon # 1 7232 I 6 NofarY P~bllc - Calltornla Marln County L Assessor's Parcel Nos. 21 2-1 30-44,212-130-45 and 21 2-1 30-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 8, LLC a Delaware limited liability company Michelle C. Rooker \ * - L- Date STATE OF vA 1 1 COUNTY OF -\khb= 1 '1 on \u\rl$l , before me: (JY,L~~ -bhnc~_ i'lctL.cq k4- N, e and T~tle of the Oficer (e g . "'Jane Doc hlol,l$/~rrhlrc'.) personally appeared i]\u& a ~7 lnr& , who proved to me on the basis of satisfactory evidence to be the person@ wl~osc nan~e(s&h+e subscribed to the within instl-un~ent and acknowledged to me that whey executed the same in his/her/their authorized capacity{@, and hat by hislk&~r signaturewon the instrument the person@, or the entity upon behalf of which tlie 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 n-ficial seal. OFFICIAL SEAL NOW PUBUCCOM-TH OF VlRGM CHRISTIE R. JOHNSON COUNTY OF HENRlCO 10 # 7103493 My Commission Expires March 31, 2011 J/.u~.c.#-..c~P~~.~C'.C.~--.---- Assessor's Parcel "Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 9, LLC a Delaware limited liability company By: The Hunt Trust, dated March 18,1993 Its: Managing Member By: Name: Steven Hunt Title: Trustee 496 By: Name: Marilyn Hunt Title: Trustee Date STATE O COUNTY OF personally appeared who proved to me on the basis of satisfactory evidence to be th^pi subscribed to the within instrument jind acknowledged to me that he/sheKgiey executecrtfie same in his/he±Ztheir authorized ^^acity(ies\ and that by his/het^^Bst^ratarefs^on the instrument thefoerson(s))or the entity uporTbeiralfof which the j^rson(s7^cted/exect!ted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. my hand and official seal. Signature of Notary Public (Seal) ANN W. BAKER it COMM.# 1669468 - NOTARY PUBLIC -CALIFORNIA CONTRA COSTA COUNTY -; My Comm. Exp. Jun. 19, 201Q [| (8010-001 00039271/3} WEST\2I688014.10 329560-000016 Assessor's Parcel Nos. 212-1 30-44,212-130-45 and 212-130-49 PUD 09-01 - 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: Managigg Member By: Name: ~iiag G. Wilson ' ' Title: Trustee By: h5L-e- Name: Laura E. Renaud-Wilson Title: Trustee b/7%107 Date personally appeared /\lr I CHA~ b (h)ll~0d an who proved to me on the basis of satisfactory evidence to be the person&wllose name(s) glare z- subscribed to the witlzin instrument and aclcnowledged to me that laefdwI3 executed tl~e same in 11iskrltheir authorized capacity0,and that by lidkltheir signattxe(s) on the instrument - - the person(s), or the entity upon behalf of which the personEacted, execu% 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. Signature o%tnry Public (Seal) Assessor's Parcel Nos. 21 2-1 30-44,212-130-45 and 21 2-1 30-49 PUD 09-02 - Life Technologies Griffin Capital (Carisbad Pointe) Investor 1 1, LLC a Delaware limited liability company By: Hunt Trust, dated November 4, 1998 Its: Managing Member Title: Trustee Title: Trustee Date I STATE OF ~~FoPIIA- 1 1 COUNTY OF Gmfi* 1 On 2* 1004 , before rne3ghL~Y SOT gk!W~SOtV /IoTiW I)V PLtL Hcre inseri Name on T~tle oTrt~e Oficer (e.p., "Jane Doe, Nolory Public") personally appeared F-~~JT Glzd OFTsV CI~AT y who proved to me on the basis of satisfactory evidence to k the personcwhose name@ $laA subscribed to the within instrument and aclcnowledged to me that fdshe/th3 executed the same in h~l~r authorized capacity(ies), and that by bidher/t~h r signatureaon the instrument the person(s), or the entity upon behxof which the personB 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 mv hand and official seal. ' Signature oMiUy Public (Seal) 4 BRADLEY SCOTT SARGINSON COMM. # 1834149 NOTARY PUBLIC-CALIFORNIA CONTRA COSTA COUNTY MY COMM. EXP. JAN. 30, 2013 Assessor's ParceI Nos. 212-1 30-44,212-130-45 and 21 2-130-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 12, LLC a Delaware limited liability company By: Livemash Family 1990 Exemption Trust B Its: Managing Member Name: Katherine Livemash Title: Trustee Date STATE OF 1 COUNTY 0 ) who proved to me on the basis of satisfactory evidence to be the person@) whose name(+ is/- subscribed to the within instrument and acknowledged to me th~-heelshefthey executed the same in k/her/#& authorized capacity(jes), and that by Wher/tkir signature@ on the instrument the perso*), 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. WIJNFSS my hand and official seal. (Seal) Griffin Capita1 (Carlsbad Pointe) Investor 12, LLC a Delaware li~nited liability company By: Livemash Family 1990 Exemption Tn~st B Its: Mailaging Meinber By: Nanle: Thomas S. Liveniasl~ Title: Co-Trustee 1 COUNTY OF Acr-c- 1 On cc-~-, .2~,2~7;I , before me, hi.,x- 6 S.+,==qi b , UL~II 7 i>bat~ L ~2, Hcrc ~nscrl Name and Tide ol'dc Olliccr (c g.! "Janc Doc, Nopary Publ~c") persoilally appeared 77~~3 S , I -3~- fi ¶ who proved to lne on the basis of satisfactory evidence to be the person(s3 whose nainef@~~ subscribed to the wit11in i~istrument and acknowledged to me that @I- executed the same in &/ha authorized capacity&@, and that by hisherltheir signaturewon the instrument the person(& or the entity ~~pon behalf of whicl~ the personwcted, executed the instrwment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tnle and correct. WITNESS my hand and official seal. OFFICIAL SEAL ANDREW SHEPPARD NOTARY PUBLIC-OREGON COMMISSION NO. 420786 Assessor's Parcel Nos. 212-1 30-44,212-130-45 and 212-1 30-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 13, LLC a Delaware limited liability company ~Lold B. Garner, Jr. Date STATE OF hCM 1 COUNTY OF 1 Onz &G ba? bealrern,~&,~ d&)fl dJ?P-f 48- , en N;lm *. d Title of the Officer (c g . "Jane Doc. Notary Puhiic") personally appeared c%w% 3% > who proved to me on the basis of satisfactory evidence to be the personwwl~ose name@ isis subscribed to the within instrument and acknowledged to me that he/- executed the same in his/ladh& authorized capacity(&, and that by lisihedmk signature@ on the instrument the personw, 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. -*(seal) Signat~re ot Notary Public Assessor's Parcel Nos. 21 2-130-44,212-130-45 and 21 2-1 30-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 14, LLC a Delaware limited liability company By: The Jon Thomas Green Trust Its: Managing Member By: Title: Trustee /d/ 7 /O Date STATE OF (%vi ?Q I '6 ) ) COUNTY OF/<\ \l~m ! ;i.q 1 , before me, f&d;h) CkiWfb~X~ NXAU T~~CL*~ T I Icrt inscrt Mmc and Title of the Officer (e.g., ' Jnnc Dae, Notary I'ublic") personally appeared \bhJ \ \'l8~k ~~~d 1 who proved to me on the basis of satisfactory evidence to be the personwwhose nan-s@@/are subsc 'bed to the within instrument and me tha@he/they executed the same in clerltheir authorized capacity(ies), erltheir signaturc&fTon the instrument the personwr the entity upon behalf of which the personwcted, 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. -- - Signature orNotary Public (seal) \ - Assessor's Parcel Nos. 2 12-130-44,212-130-45 and 21 2-130-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 15, LLC a Delaware limited liability company By: Jackmar Realty Corporation By: ~~~~ Name: Schacllter Title: fm Date STATE OF 0 1 1 COUNTY OF j On before me, personally appeared 7 who proved to me on the basis of satisfactory evidence to be the personCe).whose name@* subscribed to the within instrument and acknowledged to me that @d&hy executed the same in l&&&ew authorized capacity@+, and that by &a&hr signature~oon the instrument the person@, or the entity upon behalf of which the personle)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 haq&nd official seal. Assessor's ParceI Nos. 212-130-44,212-13045 and 21 2-1 30-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 16, LLC a Delaware limited liability company Richard G. Tait 9/s*/; I 7 Date / L%Av.2 /a 1 COUNTY OF 1 On~/~~-bcd 22,2009 , beforeme, IL-~/G~c LCh/< 4 /Jolrir L~/,C , Hcrc inscn Mime and Tillt ui'11ic Olliccr (c g . "Jane Doe Notnry Public") personally appeared , who paved tb me 011 the basis of satisfactory evidence to be the person(& whose name(&is/a& subscribed to the within instrument and acknowledged to me that he/Wtl& executed the same in his~l&& autl~orized capacity(*, and that by 11isMS signature@ on the instrument the person(@, or the entity upon behalf of wl~ich 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. Signature of Notary Public (Seal) Assessor's Parcel Nos. 21 2-1 3044, 21 2-1 30-45 and 21 2-130-49 PUD 09-02 - Life Technologies. Griffin Capital (Carlsbad Pointe) Investor 17, LLC a Delaware limited liability company By: Restated Forsytl~ Trust, dated September 19,2000 Its: Managing Member / By: Name: Gordon Forsyth / Title: Trustee By: Name: Veronica Forsyth Title: Trustee Date STATE OF 1 On personally appeared who proved to me on the basis of satisfactory evidence to be the person(fi whose name(s) #are subscribed to the within instrument and aclcnowledged to me that heCskelthey executed the same in hieCkerltheir authorized capacity(ies), and that by hkkerltheir 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. Assessor's Parcel Nos. 2 12-1 30-44,212-130-45 and 21 2-1 30-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 1 8, LLC a Delaware limited liability company By: VELO PARTNERS, a California general partnership, Sole Member By: Steve and J d wife as community property, general partner e limited liability company, general partner CL ~- Js By: 3bt (!&L- Title: ab$5c,l \- By: Name: Victor Rauch, Title: a manager " \,, Date ' Assessor's Parcel Nos. 212-130-44,2 12-1 30-45 and 212-130-49 PUD 09-02 - Life Technolo ies 50# STATE OF ) 1 COUNTY OF 1 On R Mi6 personally appeared who proved to me on the basis of satisfactory evidence to be the person(4 whose nameMae subscribed to the within instrument and aclcnowfedged to me that executed the same in @5'lt$reir authorized capacityw, and that by~lsdhir signature(+on the instrument the person(+ or the entity upon behalf of wllich the person@ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of 6e State of California that the foregoing paragraph is true and correct. WITNESS my haid and official seal. L STATE OF &JA$wd 1 COUNTY OF 1 1 On personally appeared who proved to me on the bas of satisfactory evidence to be the personCsfw11ose nam* subscribed to the within instrument and aclcnowledged to me that he&@tbey executed the same in hs@i%tM authorized capacity(*, and that by ~t~ signature(+on the instrunlent the person@, or tlie entity upon behalf of which tlie 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. Assessor's Parcel Nos. 21 2-1 30-44,212-130-45 and 212-1 30-49 PUD 09-02 - Life TecllnoIogies STATE OF 1 COUNTY OF ) 1 On personally appeared who proved to me on the basis of satisfactory evidence to be the person@ whose name- subscribed to the within instrument and acknowledged to me that&t&by executed the same in$$hd!hr authorized capacity@), and that bydG3w&h5r signaturewon 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 tr ue ma correct. WITNESS my l~and and official seal. ignaturc of ot. Public (Seal) STATE OF COUNTY OF On personally appeared who proved to me o subscribed to the within instrument and acknowledged to me that 1- executed the same in 11+3G&kcir authorized capacity(ies), and that by ~signature(s)on the instrument the person($, or the entity upon behalf of which the person(+ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ?' Assessor's Parcel Nos. 21 2-1 30-44,212-130-45 and 21 2-1 30-49 PUD 09-02 - Life Tecllnologies STATE OF COUNTY OF / ins dhdr-h-hps, hl Oficcr (e g . "June Doc. Notnry ~Gblic") personally appeared . - h M ( y who proved to me on the basis of satisfactory evidence to be the person($ whose name(* subscribed to the within instrument and aclcnowledged to me that he+i@i* executed the same in ldi%S?'tW authorized capacity(ies), and that by hdh@Am signatureHon 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. < (Seal) On personally appeared who proved to me on the basis of s~tisfac~ory evidence to be the person(s)whose nanle(+&bse subscribed to the within instrument and aclcnowledged to me that kShh&hey executed the same in @ea#ek authorized capacity(iw), and that by&%&a4kir signaturewon the instrument the person@, or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Assessor's Parcel Nos. 212-1 30-44,212-130-45 and 21 2-1 30-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 19, LLC a Delaware limited liability company By: KIenck Living Trust, dated January 24, 1987 Its: Managing Member By: Name: ~aync ~lel#l< Title: Trustee 'n A By: C C~c-i,-e re, ) Lc~c, Name: Carol Klencl~ -a 9i'aoo 9 Date STATE OF ~\i -& \-- fi 1- ) r 1 COUNTY OF 1 who proved to me on the bds of satisfactory evidence to be the person@) whose/name(s) k/@ subscribed to the within instrument and aclcnowledged to me that executed the same in hislherltheir authorized capacity(i9, and that by hidh~e~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. Signature ofNotary Public (Seal) Assessor's Parcel Nos. 212-130-44,212-130-45 and 212-130-49 PUD 09-02 - Life Technologies Griffin Capita] (Carlsbad Pointe) Investor 20, LLC a Delaware limited liability company By: The Finberg Trust of 1995, dated April 4,1995 Its: Managing Member By: Name: Roger F^iberg Title: Trustee 511 Date STATE OF COUNTY OF On , before me, insert Name and Title of tlie Officer (e.g., "Jane Doe, Notary Public") personally appeared who proved to me on the basis of satisfactory evidence to be the person^*) whose subscribed to the within instrument and acknowledged to me thajjSgZBho/tliey executed the same in ttfphefttteir authorized capacity(4«»), and that by^hoi'i^itir 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 Cajtfornia that the foregoing paragraph is true and correct. / WITNESS my hand and official seal. Signature of Notary Public (Seal) NOTARY PUBLIC STATE OF ARIZONA Maricopa County LISA BIITTNER Mv Commission Expires 01/28/13 (8010-001 00039271/3} WESTV216880I4.IO 329560-000016 Assessor's Parcel Nos. 21 2-1 30-44,212-130-45 and 21 2-1 30-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 21, LLC a Delaware limited liability company By: The Hans Kruger Trust Its: Managing Member Title: Trustee Date STATE OF PA 1 COUNTY OF dddmfD4 ) 1 On @~/~~;/B~s ,beforeme, W/LFMDC, PVdJ $o/-~.TP. /Ue/7;c~1py OdAc / cp 9 1 lere Insen Name and Title of the Oflicer (e g.. "J;~ne Doe, Nolnry Public") personally appeared /?%?/v $ /(Ed?- GF-~c 7 who proved to me on the basis of satisfactory evidence to be the person@jwhose name($-islaw subscribed to the within instrument and acknowledged to me that helMtb executed the same in his/Ler/Mr authorized capacity(k$ and that by his/kef/tMr signawon the instrument the personm 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. Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 22, LLC a Delaware limited liability company By: Richard C. and Juanita S. Boulger Revocable Trust Its: Managing Merjaber 513 By: r Name: Richard C. Boulger Title: Trustee By: lita S. Boulger Title: Trustee Date STATE OF COUNTY OF On before me, Here insert Name and Title of the Ofliccr..(c.g-, "Jane Doe,-. ere n ame and Ti personally appeared ^fvC\\CM' A C* JViAJlcyv > J- ^ who proved to me on the basis of satisfactory evfaence to be tlie persond) whose fiame(s) ^I^Q) subscribed to the within instrument and acknowledged to me that h^sfte^eyjixecuted the same y; Authorized capacitj^igs)5, and that by }^/H6-4JTejrjsignature(s)on the instrument the persoi^s)por tlie entity upon behalf of which the persons) 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. / Staifature ohl&lary Public A- )j- — -*-*** (Seal) KRISTINA KEYS Commission Notary Public Los Anplt* County My Comm. EwifM Oct 13. A KEYSf # 1817395 t -Ctiifonia I wCowity 5 nOcMlMlH (8010-001 00039271/3) \VEST\21688014.10 329560-000016 BEST ORIGINAL Assessor's Parcel Nos. 21 2-1 30-44,212 2-1 30-45 and 212-130-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 23, LLC a Delaware limited liability company Joanne C. Dusserre Date \ \ I 1 COUNTY OF ) on personally appeared who proved to me on on(^ whose name&= subscribed to the within instrument and ~xecuted the same on the instrument the instmnent. 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. signature of-~ic (Seal) Assessor's Parcel Nos. 21 2-130-44, 212-1 30-45 and 212-1 3049 PUD 09-02 - Life Technologies STATE OF ) - I On \o\ I CP~~~O'I , belbre rnesl-&,&i<k (10 ik ,? , U%I L\ SLJ~~D, -, Hcre inscrt Name and 'Title of the O& (C g , '-Jane &otarS. Publlc") \ -- personally appeared \\ 'jGk~4\L ( J I \>i,&e\ ie .2 who proved to me on the basis of satisfactory evidence to be the perso*) whose namN- subscribed to the within instrument and acknowledged to me that -lw executed the same in &their authorized capacity(i@, and that by h&dlkr signature(s) on the instrument the pe~zn(~, 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. (Seal) Assessor's Parcel Nos. 212-130-44, 222-130-45 and 212-130-49 PUD 09-02 - 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 516 Name: lames Rossi •Title: Trustee Date STATE OF COUNTY OF On personally appeared 3 , before me,/? Here insert Name and Title ofthe Officer (e.g., "Jane Doe, Notary Public") who proved to me on the basis of satisfactory evidence to be the person(«) whose: subscribed to the within instrument and acknowledged to me that ih^she/tliey executed the same in {nsYher/their authorized capacity(j#s), and that by ^us)her/their signature^ on the instrument the person(3), or the entity upon behalf of which the personj^) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. ^ : •—*,,,..,. .,. WITNESS my hand and official seal. Signature of Notar>r Public (Seal) TOR CMA-WMnUKt Commtotfon * 17M971 Note* Public-CcrtHomiaLot AnQctoi county Mycemm. &ptaijul27.2011 {8010-001 00039271/31 WEST\216880M.1() 329560-000016 BEST ORIGINAL Assessor's Parcel Nos. 212-13044, 212-1304 and 21 2-130-49 PUD 09-01 - Life Tecl~nologies Griflin Capital (Carlsbad Pointe) Investor 25, LLC a Delaware limited liability company By: 2000 Harvey Hunt Duryee and Christine I-Iawgood Duryee Revocable Trust Its: Managing Member I By: Title: Tnlstee '4 Title: Trustee +-Li&nL ;t, STATE OF C- 1 ',& ) COUNTY OF b?-5 *;rivb ) . a& ; - + nc,-tcy\%li< 1- 'f~tle of the Olficcr (c 'g , '-June Doe, No personally appeared fh n ,\& N. L& 3 who proved to me on the basisof satisfactory eviadnce to be the pedson(ef whose name* subscribed to the within instrument and acknowledged to me that executed the sale in ha&&hhr authorized capacityw, and that by his- signatureMon 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 oficid seal. -. -- r~,q&~h---2. ~ignaiur&&hk~~ublic (Seal) Assessor's Parcel Nos. 2 12- 1 30-44,2 12-1 30-45 and 2 12-1 30-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 26, LLC a Delaware limited liability company By: Windman Declaration of Trust Its: Managing Member Title: Trustee By: ~~(uL&+~LL.+% Name: Pauline W indman Title: Trustee - - Date STATE OF ) 1 COUNTY OF I 1 iv \ 'Iu , before me, on I: \.ry\m , W~\C~I N~N, crc insed~arnc and Tltlc ol.ll~e ORiccr (e,g., "lane ~oe,ho~ary Public") personally appeared YU;L LN< \\i i\JW-h " y who proved to me on the basis of satisfactory evidence to be the perso~wl~ose name@ isll~e subscribed to the within instrument and aclcnowledged to me that @/she/tJd executed the same in ~7herItl1pi'authorined capacityp, and that by ldleT signaturdon the instrument the person,@$, or the entity upon behalf of which the perso acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WlTNESS my I?qd wd official seal. Commirrlon # 1734669 Notary Publlc - California Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 27, LLC a Delaware limited liability company 519 Date STATE COUNTY OF W BAlAH£A,jWrA&t ft&UC " "e.e., "Jnnc Doe. Notarv Public") On personally appeared _ ^ ^ who proved to me on the basis of satisfactory evidence to be the persoi}(sywhose subscribed to the within instrument and acknowledged to me that he/sjw/^heyexecuted the same in his/ligj^tfigirauthorized capacity(ie^and that by his/h^fftftjerfsignature^Toh the instrument the person(a^Tor the entity upon behalf of which the personj^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Seal) BRENDA N. BALANDA COMM.*1668574 NOTARY PUBUC-CALJFORNIAMARIN COUNTY My Comm. Expirei May 23. 2010 ^ (8010-001 00039271/3) WEST\216880J4.10 329560-000016 Assessor's Parcel Nos. 21 2-1 30-44,2 12-130-45 and 21 2-1 30-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 28, LLC a DelawaJ-e-)gmit$ liability c,o>rnpany .. STATE OF (~hf$~~l~ 6~ COUNTY OF /C$'z,,d~k-- on persondly appeared y who proved to me on the basis ofsatisiactory evidence to be the persoi~whose name(w$ subscribed to the within instr~unent and acknowledged to me tl~a~~~Y executed the same in @$hd#mfautl~orized capacity~), and that by@$r signature(@ on the instrument the person@, or tl~e entity upon behalf of which tlle person(8-) acted, executed the instnlment. I cerlify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI?TJ,ESS my hand and official seal. Assessor's Parcel Nos. 212-130-44,212-130-45 and 2 12-130-49 PUD 09-02 - Life Technologies Griffin Capital (Carlsbad Pointe) Investor 29, LLC a Delaware limited liability company L'C'ictoria Brown Date I STATE OF ,I 1 1 COUNTY OF 1 I On y personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose natne(sfY@ subscribed to& within instrument and acknowledged to me that helshe,@&xecuted the same lelr gnature(s) on the instrument in his~led&eiriluthorized capacity(ies), and that by his/her/i the person(s), or the entity upon behalf of which the person(s) acted, executed the instnment. 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) APPROVED AS TO FORM: DON NEU, Planning Director APN 212-130-44, 212-130-45 and 212-130-49 PUD 09-02 - Life Technologies 522 RONALD R. BALL, City Attorney JANE MOBALDI, Assistant City Attorney WEST\21688014.10 329560-000016 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. 1997-065662 1 of the Official Records. Assessor's Parcel Nos. 2 12- 130-44 and 2 12- 130-45. 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. 2 12- 130-49. EXHIBIT B 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. 1997-065662 1 of the Official Records. Assessor's Parcel No. 2 12- 130-45 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. 1997-065662 1 of the Official Records. Assessor's Parcel No. 2 12- 130-44. EXHIBIT D 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. 1997-065662 1 of Official Records. Assessor's Parcel No. 2 12-1 30-49 / EXHIBIT F Cross-Drainage -- MARARISK PARCEL GRIFFIN PARCEL 5781 VAN ALLEN WAY PROPERTY LINE --------- & MARARISK PRQPERTY LINE MARARISK PARCEL 5794 VAN ALLEN WAY LIFE PARCEL - AREA OF LIFE PARCEL DRAINING ONTO GRIFFIN PARCEL --- - * - - ------- -- BENEFITTING LIFE 8c GRIFFIN PARCEL - -- _-- DRAINING ONTO LIFE PARCEL ~.Jd PROPERTY LINE I GRIFFIN BUILDING 578 1 VAN ALLEN WAY APN: 2 12-1 3044-00 PROPERTY LINE LIFE PARCEL APN 2 12-13049-00 EXHIBIT K - ELECTRICAL UTILITY EASEMENTS