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APN. 1053-221-04 & 05 SPACE ABOVE THIS LINE FOR RECORDER’S OFFICE 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 March 19, 2024, 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 cargo containers and trailers (collectively, “Parking and Storage”).
C. On April 20, 2010, Owner and City entered into an Agreement (“2010 Agreement”) authorizing Owner to continue the Parking and Storage on the Property on a temporary basis to resolve Owner’s argument that it has maintained the Parking and Storage on at least part of the Property since it was annexed to the City in 1984. The 2010 Agreement expired December 31, 2014 and subsequently administratively extended for a total of three additional years under the City Manager’s authority.
D. To more clearly document the temporary Parking and Storage authorization, Owner and City replaced the 2010 Agreement with 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.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: City Clerk
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E. 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. 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 year, with the City Manager’s authority and subsequent approval of an additional year, 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. The Second Amendment was recorded on February 7, 2022, as Document No. 2022-0049035 in the Official Records of San Bernardino County.
G. The parties now wish to amend the Agreement by this Third Amendment to extend the term, retroactive to January 1, 2024, to terminate on December 31, 2024.
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. Owner may continue to use the Property until December 31, 2024 (“Use Termination Date”) 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 truck and trailer parking, within the area originally designated per the Agreement, which use Owner shall not significantly expand in size or intensity as it existed upon approval of the 2010 Agreement. 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, or in the event Owner sells or otherwise transfers the Property or portion thereof.”
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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 until the Use Termination Date. 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. City shall indemnify, defend, protect and hold Owner and its officers, agents, and employees harmless from and against any and all claims, causes of action, liabilities, costs and expenses, losses or damages arising from City’s use of Owner facilities; provided, however, that the foregoing indemnity and defense obligations do not extend to those claims, causes of action, liabilities, costs, losses or damages arising out of the sole negligence or willful misconduct of Owner, its officers, agents, and/or employees.
4. Supplemental Exhibits. The Agreement shall be supplemented by attached Exhibit B depicting the location of the Classroom.
5. Continuing Effect of Agreement . Except as amended by this Third Amendment, all provisions of the Agreement shall remain unchanged and in full force 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 Amendme nt, Second Amendment, and this Third Amendment.
6. 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.
7. 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 provisions 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.
[Signatures appear on next page]
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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 , 2024 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.
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State of California )
) ss.
County of San Bernardino )
On , 2024 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.
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EXHIBIT A
PROPERTY DESCRIPTION
That certain real property in the City of Chino, County of San Bernardino, State of California legally described as follows:
PARCEL A:
PARCEL 1, AS SHOWN ON EXHIBIT “C” ATTACHED TO THAT CERTAIN CERTIFICATE APPROVING LOT LINE ADJUSTMENT RECORDED DECEMBER 3, 2003 AS INSTRUMENT NO. 2003-0897927 OF OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOTS 22 AND 23, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 7 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO MAP OF SUBDIVISION OF PARCEL OF THE RANCHO SANTA ANA DEL CHINO, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 15 OF MAPS, RECORDS OF SAID SAN BERNARDINO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 23, SAID CORNER ALSO LYING ON THE
EASTERLY LINE OF FERN AVENUE, AS SHOWN ON SAID MAP OF SUBDIVISION OF PARCEL OF THE RANCHO SANTA ANA DEL CHINO, 33.00 FEET WIDE; THENCE NORTHERLY ALONG SAID EASTERLY LINE, NORTH 0° 03’ 37” EAST 150.00 FEET TO THE TRUE PONIT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 0° 03’ 37” EAST 510.64 FEET TO THE NORTHWEST CORNER OF SAID LOT 22; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 22 SOUTH 89 ° 57’ 44” EAST 948.38 FEET TO A POINT LYING ON A PARALLEL LINE DISTANT 100.00 FEET WESTERLY, AS MEASURED
AT RIGHT ANGLES TO THE CENTERLINE OF EUCLID AVENUE, AS SHOWN ON A QUITCLAIM DEED RECORDED JUNE 15, 1978 IN BOOK 9454, PAGE 1253 OF SAID OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 0° 18’ 14” WEST 510.55 FEET TO A POINT LYING ON A LINE WHICH IS PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 23 AND DISTANT 150.00 FEET NORTHERLY THEREFROM; THENCE, ALONG SAID PARALLEL LINE, NORTH 89 ° 58’ 06” WEST 946.21 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE EASTERLY 246.00 FEET THEREOF.
PARCEL B:
PARCEL 2, AS SHOWN ON EXHIBIT “C” ATTACHED TO THAT CERTAIN CERTIFICATE APPROVING LOT LINE ADJUSTMENT RECORDED DECEMBER 3, 2003 AS INSTRUMENT NO. 2003-0897927 OF OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EASTERLY 246.00 FEET OF THAT PORTION OF LOTS 22 AND 23, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 7 WEST, SAN BENARDINO MERIDIAN, ACCORDING TO MAP OF SUBDIVISION OF PARCEL OF RANCHO SANTA ANA DEL CHINO, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 15 OF MAPS, RECORDS OF SAID SAN BERNARDINO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 23, SAID CORNER ALSO LYING ON THE
EASTERLY LINE OF FERN AVENUE, AS SHOWN ON SAID MAP OF SUBDIVISION OF PARCEL OF THE RANCHO SANTA ANA DEL CHINO, 33.00 FEET WIDE; THENCE NORTHERLY ALONG SAID EASTERLY LINE, NORTH 0° 03’ 37” EAST 150.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 0° 03’ 37” EAST 510.64 FEET TO THE NORTHWEST CORNER OF SAID LOT 22; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 22 SOUTH 89° 57’ 44” EAST 948.38 FEET TO A POINT LYING ON A PARALLEL LINE DISTANT 100.00 FEET WESTERLY, AS MEASURED
AT RIGHT ANGLES TO THE CENTERLINE OF EUCLID AVENUE, AS SHOWN ON A QUITCLAIM DEED RECORDED JUNE 15, 1978 IN BOOK 9454, PAGE 1253 OF SAID OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 0° 18’ 14” WEST POINT LYING ON A LINE WHICH IS PARALLEL WITH THE SOUTHERLY LINE AND DISTANT 150.00 FEET NORTHERLY THEREFORM; THENCE, ALONG SAID PARALLEL LINE, NORTH 89° 58’ 06” WEST 946.21 POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHERLY 255.29 FEET THEREOF.
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PARCEL C:
PARCEL 3, AS SHOWN ON EXHIBIT “C” ATTACHED TO THAT CERTAIN CERTIFICATE APPROVING LOT LINE ADJUSTMENT RECORDED DECEMBER 3, 2003 AS INSTRUMENT NO. 2003-0897927 OF OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHERLY 255.29 FEET OF THE EASTELRY 246.00 FEET OF THAT PORTION OF LOTS 22 AND 23, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO
MAP OF SUBDIVISION OF PARCEL OF THE RANCHO SANTA ANA DEL CHINO, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 15 OF MAPS, RECORDS OF SAN BERNARDINO COUNYT, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 23, SAID CORNER ALSO LYING ON THE
EASTERLY LINE OF FERN AVENUE, AS SHOWN ON SAID MAP OF SUBDIVISION OF PARCEL OF THE RANCHO SANTA ANA DEL CHINO, 33.00 FEET WIDE; THENCE NORTHERLY ALONG SAID EASTERLY LINE, NORTH 0° 03’ 37” EAST 150.00 FEET TO THE TRUE PONIT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTGERLY LINE, NORTH 0° 03’ 37” EAST 510.64 FEET TO THE NORTHWEST CORNER OF SAID LOT 22; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 22 SOUTH 89° 57’ 44” EAST 948.38 FEET TO A POINT LYING ON A PARALLEL LINE DISTANT 100.00 FEET WESTERLY, AS MEASURED
AT RIGHT ANGLES TO THE CENTERLINE OF EUCLID AVENUE, AS SHOWN ON A QUITCLAIM DEED RECORDED JUNE 15, 1978 IN BOOK 9454, PAGE 1253 OF SAID OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 0° 18’ 14” WEST 510.55 FEET TO A POINT LYING ON A LINE WHICH IS PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 23 AND DISTANT 150.00 FEET NORTHERLY THEREFORM; THENCE, ALONG SAID PARALLEL LINE, NORTH 89° 58’ 0 6” WEST 946.21 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL D:
PARCEL 4, AS SHOWN ON EXHIBIT “C” ATTACHED TO THAT CERTAIN CERTIFICATE APPROVING LOT LINE ADJUSTMENT RECORDED DECEMBER 3, 2003 AS INSTRUMENT NO. 2003-0897927 OF OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LOTS 32 AND 33, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO MAP OF SUBDIVISION OF PARCEL OF THE RANCHO SANTA ANA DEL CHINO, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 15 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY.
EXCEPTING THEREFROM THE EAST 346.00 FEET OF SAID LOTS 32 AND 33, AS MEASURED FROM THE CENTERLINE OF EUCLID AVENUE, AS SAID EUCLID AVENUE WAS ESTABLISHED 100.00 FEET WIDE BY
RSOLUTION OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, RECORDED SEPTEMBER 6, 1893 IN BOOK “H”, PAGES 174 AND 175 OF SUPERVISOR’S MINUTES.
TOGETHER WITH THE SOUTHERLY 150.00 FEET OF LOT 23, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO MAP OF SUBDIVISION OF PARCEL OF THE RANCHO SANTA ANA DEL CHINO, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 15 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY.
EXCEPTING THEREFROM THE INTEREST CONVEYED TO THE STATE OF CALIFORNIA BY QUITCLAIM DEED RECORDED JUNE 15, 1978 IN BOOK 9454, PAGE 1253 OF SAID OFFICIAL RECORDS.
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EXHIBIT B
Depiction of Location of Classroom Building