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Home My WebLink AboutCUP 2017-0002; La Costa Town Center LLC; 2018-0458858; Notice of RestrictionDOC# 2018-0458858 1111111111111111111111111111111111111111111111111111 IIIII IIIII IIII IIII Nov 01, 2018 02:30 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $20.00 (SB2 Atkins: $0.00) RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) PAGES 3 City Clerk CITY OF CARLSBAD ) ) ) ) ) 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorder's use Assessor's Parcel Number 223-053-05-00 -------------Project Number and Name AMEND 2017-0003/CUP 2017- 0002 -LA COST A TOWN SQUARE BUILDING 5 THEATER NOTICE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: Lot 5 of Carlsbad Tract No. 01-09, Map No. 15998, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, November 5, 2014 as file No. 2014- 0481838, of official records is restricted by an Site Development Plan Amendment and Conditional Use Permit No. AMEND 2017-0003/CUP 2017-0002 approved by the City of Carlsbad on August 16, 2017. A copy is on file at the City of Carlsbad Planning Division. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. Rev. 01 /2013 '7.(r'/ ~· :J Assessor's Parcel Number: 223-053-05-00 Project Number and Name: AMEND 2017-0003/CUP 2017-0002 (DEV01024)-LA COSTA TOWN SQUARE BUILDING 5 THEATER OWNER: APPROVED AS TO FORM: l /r c·o~+ A 7:.,.,,,-J (/~~-1-~ Own~•lt)~ LLC cg'"OnBAD DON NEU, I Signature · ~co.f+ &-IA1?V --~-i/P Print name and title / City Planner lo/23/IJ Date~ ' Signature CELIA A. BREWER, City Attorney Print name and title By: Qi A ~ Assistant Ci{iAttorney te>/1z /1J I Date I cJ I I v') I !ti Date . l I (Proper notarial acknowledgment of execution by Contractor must be attached.) (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 officer(s) 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). 2 Rev. 01/2013 ALL-PURfOSE ACKNO\VLEDGMENT A notary public or other officer completing this ce11ificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the tmthfulness, accuracy. or validity of that document. State of California County of ___ -----"o ..... R-Ap,J ..... C .... A.~f ____ _ } SS. ~ , before me, --1""'""/-tJ-id-e.-,-h-V'+,~fl:l-iK-h~ ...... s~h-----' Notary Public, 8 ~ personally appeared ~&Co±J: -~ -J.io1-c,,......,1 _ _.(J___,_,_..R-A-D~f,___-------' who proved to me on the ~ On ocJob,e,{ It, Zo l8 DAU: ~ basis of satisfactory evidence to be the person(jj whose namey() ~ subscribed to the within instrument g K and acknowledged to me that ~pe/tYy executed the () 8 same in l~l}ti·ltry/ir authorized capacity(i~. and that Q 6 by his/l~r/thyfr signature{_J1' on the i rfstrument the 9. ~ ~::::~;ic~:,te::c:::~ 1~~1;~s::~~tof which the ~ ;,. 11 I certify under PENALTY OF PERJURY under the fl laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o ~ i'L-\( ·1-. :--OlARY \L.\L 1:-,; ,\llOVL S\'-\U OPTIONAL INFORMATION The information below is optional. However. it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) 0 INDIVIDUAL 0 CORPORATE OFFICER 0 PARTNER(S) 0 ATTORNEY-IN-FACT 0 GUARDIAN/CONSERVATOR 0 Sl'BSCRIBING WITNESS TITLE1S1 0 OTHER: ___________ _ SIGNER (PRINCIPAL) IS REPRESENTING: 'i,\:VIE OF P[:RSON1S) OR FNnn (IES, DESCRIPTION OF ATTACHED DOCUMENT .N'oti'ee. Q F ~ e.sf,,cJ,ov-r On f e °'}., TITLE OR TYPE OF DOCUMENT ProP.e,tr1BER OF PAC.ES DATE OF DOCL'MENT RIGHT THUMBPRINT OF SIGNER OTHER I ~ ~ ~ ~ X X ~ I .\l'AIII 211!~ NU IARY BONDS. SUPPLIES ,\!\D ffJR\lS Al HTTP W\\'\1.\Al.LFY-SILRRA.C0\1 ·,. 21105-2016 \'AU l Y-~11:-,RRJ\ INSl R,\V l UNANIMOUS WRITTEN CONSENT OF THE ADVISORY BOARD OF TERRAMAR RETAIL CENTERS, LLC TRC Resolution Number 63 The undersigned, being the necessary Designated Representatives to the Advisory Board of Terramar Retail Centers, LLC, a Delaware limited liability company (the "Company"), representing Calzada Capital Partners, LLC, a Delaware limited liability company ("Calzada"), which holds greater than a majority in Interest of the Common Members (such Designated Representatives, the "Undersigned"), do hereby authorize in such capacities the following resolutions as Resolution Number 63, effective as of August 5, 2016, in accordance with the Amended and Restated Limited Liability Company Agreement of the Company, as amended and as currently in effect (the "LLC Agreement"). Capitalized terms not otherwise defined herein shall have the meanings set forth in the LLC Agreement; Termination of Alex Liftis as Authorized Signatory; Appointment of Tim Pettit, Scott Grady and Carlos Palafox tts Authorized Signatories WHEREAS, Hugh Zwieg ("Zwieg") serves as Chief Executive Officer of the Company, with such responsibilities as shall be determined from time to time by Calzada; WHEREAS, Alex Liftis ("Liftis"), in his role as Executive Vice President for Investments and Development of the Company, has had authorization, in the event that Zwieg is unavailable (but has given Liftis authorization), to take ce1iain actions and execute ce1iain documents on behalf of the Company; WHEREAS, the Company desires to terminate Liftis' authorization to take actions or execute documents on behalf of the Company (unless specific authorization is granted by Zwieg to do so); WHEREAS, Tim Pettit ("Pettit") serves as Vice President for Investment Management ("VP-IM") of the Company, and the Company desires to authorize Pettit to take certain actions and to execute certain documents on behalf of the Company; WHEREAS, Scott Grady ("Grady") serves as Vice President for Development ("VP- Dev") of the Company, and the Company desires to authorize Grady to take certain actions and to execute certain documents on behalf of the Company; and WHEREAS, Carlos Palafox ("Palafox") serves as Vice President for Development ("VP-Dev") of the Company, and the Company desires to authorize Palafox to take certain actions and to execute ce11ain documents on behalf of the Company. NOW, THEREFORE, BE IT RESOLVED, that Liftis' authorization to take any and all actions and to execute any and all documents on behalf of the Company (unless specifically authorized by Zwieg to do so) is hereby terminated; FURTHER RESOLVED, that, in the event that Zwieg is for whatever reason unavailable, then subject to authorization by Zwieg, each of (i) Pettit, in his capacity as VP- IM of the Company and acting alone, (ii) Grady, in his capacity as VP-Dev and acting alone, and (iii) Palafox, in his capacity as VP-Dev and acting alone, is hereby authorized to take such actions and execute such documents in the same manner as Zwieg; FURTHER RESOLVED, that all actions taken prior to the date hereof by or on behalf of the Company, its subsidiaries, and any officer, employee or other agent of this Company in respect of, related to, or in connection with the preceding resolutions are hereby ratified, confirmed and approved in all respects; and CI 11:3000578.4 TRC Resolution 63 FURTHER RESOLVED, that this Resolution may be executed by facsimile or electronic transmission and in counterparts, each of which will be deemed an original and all of which, when taken together, will constitute one and the same instrument. CHl:3000578.4 TRC Resolution 63 [signature page follows] -2- IN WITNESS WHEREOF, the undersigned have executed this Written Consent as of the date first written above. g,"ckAi>C C U..,',,,e 7 A Richard G Cline Jr (Aug 4, 2016) -......J RICHARD G. CLINE, JR. Designated Representative of Calzada Capital Partners, LLC RAYMONDE. FLORES, JR. Designated Representative of Calzada Capital Partners, LLC I-ZWTEG7C President and Chief Executive Officer Terramar Retail Centers, LLC Signature Page to Written Consent of Advisory Board of Terramar Retail Centers, LLC Resolution Number 63 -· • 63 Change of Authorized Singatories for TRC Adobe Sign Document History 08/04/2016 Created: 08/04/2016 By: Stacy Marin (ssmith@calzadacap.com) Status: SIGNED Transaction ID: CBJCHBCAABAAvxmkrbyyp1 p-K4AV _5dFV3IMsCjXH 1 pb "63 Change of Authorized Singatories for TRC" History . -Document created by Stacy Marin (ssmith@calzadacap.com) 08/04/2016-12:22:25 CDT -IP address: 72.54.25.102 ~ Document emailed to Richard G Cline Jr (rcline@calzadacap.com) for signature 08/04/2016 -12:23:41 CDT -Document viewed by Richard G Cline Jr (rcline@calzadacap.com) 08/04/2016 -1:11:17 CDT -IP address: 184.63.31.71 ~ Document e-signed by Richard G Cline Jr (rcline@calzadacap.com) Signature Date: 08/04/2016 -1:25:30 CDT -nme Source: server-IP address: 184.63.31.71 ~ Document emailed to Raymond E Flores Jr (rflores@calzadacap.com) for signature 08/04/2016-1:25:31 CDT Document viewed by Raymond E Flores Jr (rflores@calzadacap.com) 08/04/2016 -1:38:16 CDT -IP address: 205.197.253.177 ~ Document e-signed by Raymond E Flores Jr (rflores@calzadacap.com) Signature Date: 08/04/2016-1:40:53 CDT-Time Source: server-IP address: 205.197.253.177 -:;) Signed document emailed to Richard G Cline Jr (rcline@calzadacap.com), Raymond E Flores Jr (rflores@calzadacap.com) and Stacy Marin (ssmith@calzadacap.com) 08/04/2016 -1:40:53 CDT •