21-0202_BLENHEIM FACILITY MANAGEMENT_2nd Amd to Riding Park Management Agr1
SECOND AMENDMENT TO RIDING PARK MANAGEMENT AGREEMENT
THIS SECOND AMENDMENT TO RIDING PARK MANAGEMENT AGREEMENT (the
“Amendment”) is made by and between the City of San Juan Capistrano, a municipal
corporation (“City”) and Blenheim Facility Management, LLC, a Delaware limited liability
company (“Company”) as of February 2, 2021, with respect to the following facts:
A. City and Company are parties to that certain Riding Park Management Agreement
dated as of January 1, 2018 (“Agreement”) for the operation, management and maintenance of
the Rancho Mission Viejo Riding Park.
B. City and Company are parties to The First Amendment to Riding Park
Management Agreement dated July 2, 2019 (“First Amendment”).
C. The First Amendment expired on December 31, 2019 and renewed on a month to
month basis thereafter. The Parties now desire to extend the term of the Agreement.
IN CONSIDERATION OF THE FOREGOING, the parties agree as follows.
1.Effective Date; Term. Paragraph 1.1 of the Agreement is deleted in its entirety
and restated as follows:
“Effective Date; Term. This Agreement shall be effective on February 2, 2021 (the
“Effective Date”), but the term of Company’s management of the Riding Park Parcel
pursuant to this Agreement shall be the “Management Term” set forth in Section 1.2.
This Agreement shall terminate and be of no further force or effect as of 11:59 p.m. on
December 31, 2021. At the City’s sole discretion, this Agreement may be extended for
an additional twelve months, through December 31, 2022, unless sooner terminated
pursuant to the terms of this Agreement (“Termination Date”).”
2. Exhibit C. In recognition of scheduling constraints due to the COVID-19
pandemic, a typical annual schedule of events is included as Exhibit C. Should similar events be
scheduled through the course of the agreement term, Company shall not be required to remit
Gross Revenue Fee to the City. The Gross Revenue Fee shall only apply to events not typically
held at the facility and remitted to the City as set forth in Section 2.1.13.
3. Affirmation. Except as otherwise provided in the First Amendment and in this
Second Amendment, the terms and conditions of the Agreement are hereby ratified and
confirmed and shall remain in full force and effect.
4. Necessary Acts. Each Party shall perform any further acts and execute and
deliver any further documents that may be reasonably necessary to carry out the provisions of
this Amendment.
5. Entire Agreement; Amendments. This Amendment is the entire agreement
between the Parties concerning the subject matter hereof, and supersedes any prior negotiations,
discussions, oral or written communications, or agreements between the Parties. The terms of
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this Amendment may only be modified or amended by an instrument in writing executed by all
Parties.
6.Reservation of Rights. Notwithstanding anything in this Amendment to the
contrary, all claims and contentions of City and Company as set forth in the pleadings on file in
the pending case of City of San Juan Capistrano v. Tokio Marine Specialty Insurance Company
and Blenheim Facility Management, LLC filed in the Superior Court of the State of California,
County of Orange as Case No. 30-2019-01061811-CU-IC-CJC are reserved.
(signature page to follow)
2/4/2021
Exhibit C
Typical Blenheim Facility Management Event Schedule