FIRST AMENDMENT TO TEMPORARY LICENSE AGREEMENT
This First Amendment to Temporary License Agreement (“Amendment”) is made and entered into this ___ day of ____________, 2025, by and between the CITY OF MURRIETA, a municipal corporation (“City”) and Juniper Trails, LLC, a California limited liability company as successor to JACC & CO., LLC, a California limited liability company (stet) (“Licensee”). City and Licensee are sometimes hereinafter individually referred to as a “Party” and jointly as the “Parties.”
RECITALS
A. City and Licensee entered into that certain Temporary License Agreement dated May 2, 2017 (“Original Agreement”) for approximately 2.3 acres of the real property located at 42670 Juniper Street, City of Murrieta, County of Riverside, State of California (“Premises”).
B. The term of the Original Agreement expires on May 2, 2025 (“Current Term Expiration Date”).
C. The current rent under the Original Agreement is Seven Hundred Forty Dollars ($740) per month.
D. JACC & Co., LLC was the original licensee which assigned the Original Agreement to Licensee which assumed all obligations under the Original Agreement and has been operating the Premises.
E. The Parties desire to amend the Original Agreement as set forth in this Amendment to, among other things, extend the term by one (1) year and increase the monthly rent.
NOW, THEREFORE, the Parties agree that the Agreement shall be amended as follows:
AGREEMENT
1. Recitals. The foregoing recitals are incorporated herein by reference.
2. Defined Terms. All terms not otherwise defined in this Amendment shall have the meanings set forth in the Original Agreement.
3. Effective Date. This Amendment shall be effective on the day that it is executed by both Parties (“Amendment Effective Date”).
4. Amendments/Modifications to Original Agreement. The Original Agreement is amended as follow:
A. Section 1 Term is amended to extend the Current Term Expiration Date to May 2, 2026. In addition, the City reserves the right to renew the term for an additional five (5), one (1) year periods (“Extended Term”). Annual renewals shall be automatic and based on satisfactory performance of service based upon review by the City Manager or designee unless terminated by either Party with thirty (30) days written notice prior to the expiration of then existing term.
B. Section 2 Rent is amended to provide that, commencing on the Amendment Effective Date, the rent shall be One Thousand Eight Hundred ($1,800) per month (“Rent”). The Rent shall increase at the rate of Three Percent (3%) on May 2nd of each year of the Extended Term, if applicable. Any sums due under this Agreement is hereinafter referred to as “Rent.” C. Section 4 Improvements/Alterations/Repairs is amended to add a new subparagraph (h) as follows:
“h. Default/Remedies. If Licensee fails to pay Rent within three (3) days of written demand or violates any other provision of this Temporary License and fails to cure same within fifteen (15) days of written demand, Licensee shall be in default (“Default”). Upon Default, City shall have all rights available at law or equity, including, but not limited to, terminating this Temporary License, and the remedy described in California Civil Code Section 1951.4 (lessor may continue lease in effect after lessee's breach and abandonment and recover rent as it becomes due, if lessee has right to sublet or assign, subject only to reasonable limitations).” D. A new Section 9 Termination is added as follows:
“Notwithstanding any other provision of this Temporary License, either party may elect in its sole discretion to terminate this Temporary License upon not less than thirty (30) days of notice of its election to terminate this Temporary License (“Notice of Termination”). This Temporary Licensee shall terminate at the end of the 30 day period (“Date of Termination”).
In the event that the City opts to terminate this Temporary Licensee pursuant to the foregoing provision or elects to not extend the Term pursuant to Section 1. Licensee shall promptly vacate the Premises, including removing any and all items or materials brought to the Premises by Licensee by the date that this Temporary License terminates.” E. A new Section 10 Utilities is added as follows:
“a. Trash. Licensee shall be responsible for procuring and timely paying all charges for their own trash services directly with Waste Management. b. Water and Sewer. The Premises are not connected to a municipal water or sewer system. Licensee shall rely solely on well water for its water supply. c. Electricity. Licensee shall pay a pro-rated share of the electricity costs for the larger Equestrian Center property, which is serviced by a single meter. As of the Effective Date of this Amendment, the current share of electrical service is $65 per month. This amount shall increase at the rate of Three Percent (3%) on May 2nd of each year of the Extended Term, if applicable. Additionally, this amount may be increased by written notice to Licensee. The assessed amount shall be due and payable concurrently with the Rent.”
5. Continuing Effect of Agreement. Except as otherwise provided in this Amendment, all provisions of this Original Agreement shall remain in full force and effect.
6. Miscellaneous.
6.1 Affirmation. The Parties ratify and reaffirm each and every one of the respective rights and obligations arising under the Original Agreement. Licensee hereby represents and warrants to City that it is the legal successor to the original Licensee and confirms that it has assumed the Original Agreement and all obligations under the Original Agreement as amended by this Amendment.
6.2 No Other Modification. Each Party represents and warrants to the other that (i) there have been no written or oral modifications to the Original Agreement, and (ii) the Original Agreement as amended hereby is currently effective, valid, and binding obligations of the Parties.
6.3 Representations. Each Party (“Representing Party”) represents and warrants to the other Party (“Other Party”) that, as of the Amendment Effective Date, the Other Party is not in default of any material term of the Original Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Original Agreement.
6.4 Adequate Consideration. The Parties stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
6.5 Authority. The persons executing this Amendment on behalf of Licensee represent and warrant to City that (i) Licensee is duly organized and existing under the laws of the State of California, (ii) they are duly authorized to execute and deliver this Amendment on behalf of Licensee, (iii) by so executing this Amendment, Licensee is formally bound to the provisions of this Amendment, and (iv) entering into this Amendment does not violate any provision of any other agreement to which Licensee is bound.
6.6 Interpretation. This Amendment shall be construed according to its fair meaning as if prepared by both Parties to this Amendment. Headings used in this Amendment are provided for convenience only and shall not be used to construe meaning or intent.
6.7 Counterparts. This Amendment may be executed in any number of counterparts and each of such counterparts shall for all purposes to be deemed to be an original. All such counterparts shall together constitute but one and the same Amendment.
6.8 Electronic Execution. This Amendment may be executed electronically provided same complies with UETA and ESIGN using qualified third party providers such as AdobeSign or DocuSign.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the dates specified below.
LICENSEE:
CITY:
JUNIPER TRAILS, LLC, a California limited liability company By: ___________________________
Name: Alicia Albin
Title: Managing Member
CITY OF MURRIETA, a general law city
By: ___________________________
Cindy Warren, Mayor
ATTEST:
______________________________
Cristal McDonald, City Clerk
Approved as to form:
ALESHIRE & WYNDER, LLP
______________________________
Tiffany Israel, City Attorney
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