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APN. 1053-221-04 & 05 SPACE ABOVE THIS LINE FOR RECORDER’S USE EXEMPT FROM RECORDING FEES PER GOV. CODE
§27383
THIRD AMENDMENT TO COVENANT AND EQUITABLE SERVITUDE
AGREEMENT REGARDING LIMITED USE OF PROPERTY
THIS THIRD AMENDMENT TO COVENANT AND EQUITABLE SERVITUDE AGREEMENT REGARDING LIMITED USE OF PROPERTY (“ Third Amendment”) is entered into as of December 5, 2023, by and between the CITY OF CHINO, a general law municipal corporation (“ City”), and CROSSPOINT CHRISTIAN REFORMED CHURCH OF CHINO, a California corporation (“Owner”). City and Owner may sometimes be jointly referred to herein as the “Parties” or individually as a “Party.”
RECITALS
A. Owner owns that certain real property commonly known as 13916 and 13948 Euclid Avenue in the City of Chino, County of San Bernardino, State of California, more particularly described in Exhibit A a ttached hereto and incorporated herein by reference. (“Property”).
B. The Property is currently zoned “RD14 – Residential” which prohibits storage and parking of trucks or other vehicles, and the storage of storage or cargo containers and trailers (collectively, “Parking and Storage”).
C. Owner and City entered into that certain Covenant and Equitable Servitude Agreement Regarding Limited Use of Property, dated December 11, 2017, and recorded on December 12, 2017 as Document No. 2017- 0546816 in the Official Records of San Bernardino County (“Agreement”), to authorize such Parking and Storage use for a limited period after which such use shall automatically and permanently cease.
D. On October 15, 2019, the Parties entered into a First Amendment to extend the term for an additional two years, to terminate on December 31, 2021 and confirmed the City’s use of Owner’s facilities for specified City functions, at no cost to City.
E. The First Amendment was recorded on November 12, 2019 as Document No. 2019- 0411894 in the Official Records of San Bernardino County.
F. On September 7, 2021, the Parties entered into a Second Amendment to extend the term for an additional two years, to terminate on December 31, 2023 and confirmed the City’s use of Owner’s facilities for specified City functions, at no cost to City.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: City Clerk
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G. The Second Amendment was recorded on February 7, 2022 as Document No. 2022- 0049035 in the Official Records of San Bernardino County.
H. The parties now wish to amend the Agreement by this Third Amendment to extend the term for an additional one year, to terminate on December 31, 2024, with an option to extend the agreement one additional year by approval from the City Manager to December 31, 2025.
NOW, THEREFORE, the Parties agree and covenant as follows:
1. Recitals. The above Recitals are true and correct and are incorporated herein by this reference.
2. Use Termination Date. The Agreement, at Section 3, entitled “Permitted Use” shall be amended in its entirety to read as follows:
“Section 3. Permitted Use. Until December 31, 2024, (“Use Termination Date”), Owner may use the Property for the following non- conforming uses subject to the specified limitations (“Non-Conforming Uses”):
(a) The Property may be used for the storage of PODS storage containers or other similar storage containers (“Pods”).
(b) Trucks used for the purpose of transporting Pods may enter onto the Property solely for the purpose of delivering and removing Pods.
(c) Parking on the Property, including overnight parking, shall be limited to no more than ten (10) trucks at any one time. No other vehicles may park overnight on the Property. Overnight parking is defined as parking from midnight to 6:00 a.m.
All Non -Conforming Uses shall automatically terminate as of the Use Termination Date. Within two months of the Use Termination Date the Owner may request in writing to the City Manager for an extension of the Use Termination Date for up to one year. The City Manager is authorized to extend the Use Termination Date to December 31, 2025, by providing a written confirmation to the Owner.”
3. Uses of Owner Facilities . The City, at no cost, may continue to utilize the Owner’s facilities described in Section 3.5 of the Agreement, as amended by the First Amendment, for public programs or city gatherings so long that the City inform the Owner of its intentions at least 30 days prior to the scheduled event. Owner facilities that may be utilized by the City include Fellowship Hall (or an equivalent space), athletic courts or fields, classrooms, tables and chairs as needed, and any necessary storage.
4. Continuing Effect of Agreement . Except as amended by this Third Amendment, all provisions of the Agreement shall remain unchanged and in full forc e and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by the First Amendment , Second Amendment, and this Third Amendment.
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5. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Third Amendment.
6. Authority. The persons executing this Third Amendment on behalf of Owner warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Third Amendment on behalf of Owner, (iii) by so executing this Third Amendment, Owner is formally bound to the provis ions of this Third Amendment, and (iv) that entering into this Third Amendment does not violate any provision of any other Amendment to which Owner is bound.
IN WITNESS WHEREOF, the Parties have executed this Third Amendment as of the date first written above.
OWNER:
CROSSPOINT CHRISTIAN
REFORMED CHURCH OF CHINO,
a California corporation*
By:
Its:
(Typed Name)
By:
Its:
(Typed Name)
Address for Notice:
6950 Edison Avenue
Chino, CA 91710
*Two corporate officer signatures required, with
one signature required from each of the following
groups: 1) Chairman of the Board, President or any
Vice President; and
2) Secretary, any Assistant Secretary, Chief
Financial Officer or any Assistant Treasurer.
CROSSPOINT’S SIGNATURES SHALL BE
DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS,
ARTICLES OF INCORPORATION, OR OTHER
RULES OR REGULATIONS APPLICABLE TO
CROSSPOINT’S BUSINESS ENTITY.
CITY:
CITY OF CHINO,
a municipal corporation
By:
Eunice M. Ulloa, Mayor
Dated:
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By:
Fred Galante, City Attorney
Address for Notice:
City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: City Manager
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State of California )
) ss.
County of San Bernardino )
On , 2023 before me, , a 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 cert ify 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
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.
01225.0005/717628.3
State of California )
) ss.
County of San Bernardino )
On , 2023 before me, , a 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.
Signature
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.