Loading...
HomeMy WebLinkAboutRP 16-05; Carlsbad Village Investors LP; 2025-0089079; Affordable Housing Agreement/ReleaseNO CHARGE ON TIDS DOCUMENT FOR THE BENEFIT OF THE CITY OF CARLSBAD DOC# 2025-0089079 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Recording Requested By: {! "'-~ c.4;,& T,~ t't?-rl1~tJ When Recorded Mail To: J City of Carlsbad Apr 08, 2025 10:33 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) City Clerk's Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008 TERMINATION OF AFFORDABLE HOUSING & DENSITY BONUS AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY A. Carlsbad Village Investors L.P. ("Developer l ") and Wermers Carlsbad Village, LLC ("Developer 2") and the City of Carlsbad ("City") are all of the current parties to that certain Affordable Housing & Density Bonus Agreement Imposing Restrictions on Real Property ("Density Bonus Agreement") between the City and the predecessor-in-interest to Developer I and Developer 2, dated as of September 20, 2017, which was recorded in the Office of the Recorder of the County of San Diego, State of California on September 28, 2017, as Instrument No. 2017-0446115. B. The Density Bonus Agreement was superseded in its entirety by that certain Regulatory Agreement and Declaration of Restrictive Covenants, dated as of August l 0, 2021, and recorded in the Office of the Recorder of the County of San Diego, State of California on August 20, 2021, as Instrument No. 2021-0595517. Therefore, Developer I, Developer 2 and the City hereby tenninate the Density Bonus Agreement and: (i) hereby provide notice that the Density Bonus Agreement is terminated; (ii) agree that the Density Bonus Agreement is no longer of any legal force or effect; and (iii) agree that the Density Bonus Agreement no longer constitutes a burden and/or lien and/or encumbrance against the real property described therein. CITY: City of Carlsbad By: o/\.R_J_ ?-t-,,_.__ .. - Geoff Patnoe, City Manager Approved as to form: City of Carlsbad, Office of the City Attorney . By: __ ~ ___ ._/c--=-~~-~ __ AAr. __ "JL.,,--__ Print Name: C1n.dJ t,_ I(. Mc 1'1A h D n lts: ___ -P"JA. ....... d-,.,.1~~--h~~'tv>=-+-/~20.~~-?~- [SIGNATURES CONTINUED ON FOLLOWING PAGE] I PAGES: 5 DEVELOPER 1: Carlsbad Village Investors L.P., a California limited partnership By: Carlsbad Village Investors Genpar, LLC, a California limited liability company, its general partner By: R& V Management Investment Corporation, a Car • corporation its Non-Member Manager By:-+--#----------~ DEVELOPER 2: Wermers Carlsbad Village, LLC, a Califo oration, its Manager 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individua l who sign ed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) ) ) On March 26, 2025, before me, Lesli Palmer, notary public, personally appeared Dennis Szuberla 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 that he executed the same in his authorized capacity, and that by his 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. f)~ ~--··········1 • LESLI PALMER : Noury Publk • talifornt. Ii I San Diet0 County ~ Commission I 2469821 -I a= a :yeomm • .:X'!:esu~'·::!O!; i (Seal) 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) ) ) On IV\~ 3. \ , 2025 , before me, ~w+ ON\Ec.. Mc..L\.c.yl!,a"£C, , notary public, personally appeared ~o~ W. U:~ who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/-aff subscribed to the within instrument and acknowledged to me that he/she/the)' executed the same in his/.her/their. authorized capacity~), and that by his/her/thei.r 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 _.,........--_~-----~------(Seal) 5 ' . CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 □ D [J □DD DD § 0 g [ J D l O j DO □001rno1 DD fl □ D □DD D □□ DD D [)0800888{] D § 10088088(] DD JD DD [)980( DD DD A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and notthe truthfulness, accuracy, or validity of that document. State of California } Countyof ~D\.Q~o On ty\ct_ V(11 '.d-1 / ao ~ before me, ~_.1,_e_~~--l=-"...!....!....JoU<....iJ.......__,_---'-t----'------'11--LL-4=---"1\-'-~W-(_ • Date personally appeared \LP.DC£' ~Of.,, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~ whose name~is/are subscribed to the within instrument and acknowledged to me that he/sY,e!tVey execufed the same in his/~r/t~ir authorized capacity(ies), and that by his!h/r!thfir signature{s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary S€;.Sf and/or Stamp Above I certify under PENAL TY OF PERJURY under the 1 laws of th~ State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alter,ation of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D Title or Type of ~Y-ment: Document Date: _7'tl--=---------''------4-+----------'---- Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ I 1:1 !OlllCJi ! i ! H i!II COIIBtlO □BJfJO! 8i DD 0!£3 ! I sat0808JEIBDl3800]00e0000H808(]8080)]801tOaH~.80 ©2019 National Notary Association