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Home My WebLink AboutResolution - 022676H - Renewal Of Lease Agreement - James E. Dean - Mackenzie Park Playgrounds - 02_26_1976f�. KJ•cab v9?7ee BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorize and directed to execute a RENEWAL OF LEASE AGREEMENT for the MACKENZIE PARK PLAYGROUNDS between the CITY OF LUBBOCK and JAMES E. DEAN, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26thday of February 197 ROY SS, MAYOR (ATTEST: t Treva Phillfpfs, C' Secretary -Treasurer APPROVED AS TO FORM: FR - U j Fred O. Senter, Jr., Attorney RENEWAL OF LEASE AGREEMENT MACKENZIE PARK PLAYGROUNDS THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK WHEREAS, a Lease Agreement was entered into between the City of Lubbock, Texas, and Sam Caplan, dated May 27, 1954, for the lease of the area in Mackenzie State Park known as Mackenzie Park Playgrounds for a period of fifteen (15) years beginning on January 1, 1956 and terminating December 31, 1971, and such agreement was renewed and extended on April 27, 1967 with the termination date extended to December 31, 1981. WHEREAS, the Assignee of such Lease Agreement, James E. Dean, has requested the renewal and extension of such Lease Agreement for an additional ten (10) year period; NOW THEREFORE: WITNESSETH: The parties to such Lease Agreement do hereby renew and extend such Lease Agreement on the same terms and conditions as stated in the Original Agreement for an additional ten (10) years, with the new and extended termination date to be December 31, 1991, if not sooner termi- nated as provided in the Original Lease Agreement. Executed this 26thday of February 1976. CITY OF LUBBOCK R Y'B�ASMAYOR MES E. DEAN ATTEST: reva Phillips, Ci Secretary -Treasurer APPROVED AS TO FORM: Fred Senter, Jr., C" Attorney THE STATE OF TEXAS S COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ROY BASS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to n-e that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. UNDER MY HAND AND SEAL OF OFFICE this day of L; ,1976. (S EAL ) � �.a�.t3"_'Zg / Notary Public, ubbock County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared JAMES E. DEAN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the pur- poses and consideration therein expressed and in the capacity therein stated and for the purposes and consideration therein expressed. �j GIVEN NDER MY HAND AND SEAL OF OFFICE THIS ,54 DAY OF p 1976. (SEAL) Notdry ublic, Lubbock Coopfity, Texas A G R E E M E N T Agreement between the City of Lubbock, hereinafter called "City", Mackenzie Park Playground, Inc., hereinafter called "Mackenzie", and the Lubbock National Bank, hereinafter called "Bank". The parties recite and declare that: 1. City is the Lessor and Mackenzie is the Lessee of a certain tract of land in Mackenzie State Park known as Mackenzie Park Play- ground. M On such tract of land Mackenzie operates an amusement park and has placed various items of personal property on the premises such as amusement rides, booths and arcade games. 3. Mackenzie desires to purchase additional items of personal property (described in paragraph 4 hereof) and place on the above described premises and Mackenzie desires to obtain a loan in the amount of Twenty -Eight Thousand and no/100 Dollars ($28,000.00) from Bank, but lender requires that such loan be secured by a priority security interest in the property to -be purchased. 4. Property to be purchased by Mackenzie is described as follows: an Octupus amusement ride Serial #2645, manufactured by Eyerly Aircraft Company, and the following Arcade equipment: Flying Ace #5138; Sea Raider #2355; Big Top Rifle #3221; Road Runner #1111; Haunted House #1639; Crack Shot Rifle #1317; Sonic Fighter #41587; Gay 90's #59750; Wild Wild West #3689; Playball #5067; Pit Stop #32093; Drag Race 091507; Wild Cycle #WC-70-329; Space Laser #10419; and Speedway #6001. 5. City agrees that it would be in the best interest of City and Mackenzie for Mackenzie to purchase additional items to place in Mackenzie Park Playgound and City is willing to subordinate its statutory and contractual landlord's lien in so far as it incumbers the property described in paragraph 4 hereof. All rides and equipment placed in the Park must have the prior approval of the City Park & Recreation Board. For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: a. As an inducement to Bank to grant such loan to Mackenzie, City does hereby subordinate its landlord's lien in favor of Bank to the extent of the balance owed on the promissory note in the amount of Twenty-eight Thousand and no/100 Dollars ($28,000.00) dated February 14, 1974. All parties further declare and agree that the security interest of Bank shall be and is in all respects a lien prior and superior to the landlord's lien of City. b. This agreement shall inure to the benefit of Bank, its successors and assigns, and shall be binding on City and Mackenzie, their successors and assigns. EXECUTED this p e as 61 to —MU Fred 0. Senter, Jr., City A ot�C rney 14th day of February, 1974. CITY OF LUBBOCK 14ACKENZIE PARK PLAYGROUND, INC. By / James E. Dean, President / UBBOCK NATIONAL BANK By om Locke, Vice Preside Haas -Wilkerson -Wohlberg 3101 BROADWAY - KANSAS CITY, MO. 64111 816/756-1600 ilk 319 NORTH FOURTH ST. - ST. LOUIS, MO. 63102 314/621-0414 P.O. BOX 13229 - ST. PETERSBURG, FL. 33733 813/822.0392 Certif f cate of 3w5urante X This Certificate of Insurance neither affirmatively nor negatively amends, extend or alters the coverage afforded by the policy lies) described hereon, and is issued as a matter of information and confers no rights upon the Holder. ik The Policy identified below by a Policy Number is in force on the date of certificate issuance. Insurance is afforded only with respect to those coverages for which a specific limit of liability has been entered and is subject to all the terms of the Policy having reference thereto. Nothing herein contained shall modify any provision of said Policy.` In the event of cancellation of the Policy the company issuing said Policy will make all reasonable effort to send ;Ik Notice of Cancellation to the certificate holder at the address shown herein, but the company assumes no respon- sibility for any mistake or for failure to give such notice. Any Carnival or Circus Liability Insurance made a part of the Policy includes as a person Insured with respect IK to an occurence taking place at a Carnival or Circus site (1) The Fair or Exhibition Association, sponsoring organization or committee (2) The owner or lessee thereof and (3) A municipality granting the Named Insured Ilk permission to operate a Carnival or Circus. 1k INSURED - CERTIFICATE HOLDER: 71ACM�NZIZ PARS PLAYGROUND, I11C. , DZA JOYLAND AMUSEMENT A-IZ/OR JAMES MAN A:ND/OR CITY LUDLOCK AAD/OR PAUL ROld)S TO: APR 5 �982 Insurance Department City earl CITY SECRETARY 3io Texas Avenue Lubbock, Texas 79-:57 Ilk AMUSEMENT LIABILITY BODILY INJURY AND PROPERTY POLICY EXPIRATION COMPANY COMBINED SLIABILITY IT " NUMBER DATE Continental Casualty Company $300,000 RD7451197 4/28/83 Lexin.:ton Insurance Company $700,000 5521946 704 4/28/83 Granite State Insurance Company $1,000,000 6182 9381 4/28/83 TOTAL LIMITS $2, 030, 000 Ilk Ifk Ilk Ifk ' 1k - Ilk ;Ik Ilk 3/29/32 ik DATE OF CERTIFICATE ISSUANCE Haas-Wilkerson-Wohlherg I�I��k'�'IIkI�IlkIlkllkIlkllkNklAkllk Ilk Ilk Ilk Ilk III Ilk ok X X X X X X X I� �E X �k X Haas -Wilkerson-Wohlberg 31.01 BROADWAY - KANSAS CITY, MO. 64111 816/756-1600 319 NORTH FOURTH ST. -ST. LOUIS, MO. 63102 314/621-0414 P.O. BOX 13229 -ST. PETERSBURG, FL. 33733 813/822-0392 11 Certif irate of 31uzurance This Certificate of Insurance neither affirmatively nor negatively amends, extend or alters the coverage afforded by the policy (ies) described hereon, and is issued as a matter of information and confers no rights upon the Holder. ' 1� The Policy identified below by a Policy Number is in force on the date of certificate issuance. Insurance is afforded only with respect to those coverages for which a specific limit of liability has been entered and is subject to all the terms of the Policy having reference thereto. Nothing herein contained shall modify any provision of said Policy.` In the event of cancellation of the Policy the company issuing said Policy will make all reasonable effort to send Notice of Cancellation to the certificate holder at the address shown herein, but the company assumes no respon- sibility for any mistake or for failure to give such notice. Any Carnival or Circus Liability Insurance made a part of the Policy includes as a person insured with respect to an occurence taking place at a Carnival or Circus site (1) The Fair or Exhibition Association, sponsoring organization or committee (2) The owner or lessee thereof and (3) A municipality granting the Named Insured permission to operate a Carnival or Circus. INSURED —CERTIFICATE HOLDER: MACKENZIE PARK PLAYGROUND, INC., DBA JOYLAND AMUSEMENT AND/OR J'AMES DEAN AND/OR CITY LUBBOCK AND/OR PAUL ROADS Insurance Department City Hall 916 Texas Avenue Lubbock, Texas 79457 AMUSEMENT LIABILITY BODILY INJURY AND PROPERTY POLICY EXPIRATION COMPANY COMBINED SLIABILITY NGLE l MIT NUMBER DATE CONTINENTAL CASUALTY COMPANY $300,000 CSL I.RD5277981 04/28/82 LEXINGTON INSURANCE COMPANY The difference between $1,000,000 Combined Single 5521946-439 04/28/82 Liakt� the Primary limit TOTAL LIMITS CSL X X X X X April 6, 1981 X DATE OF CERTIFICATE ISSUANCE X Haas -Wilkerson-Wohlberg X Haas -Wilkerson -Wohlberg 1K 3101 BROADWAY . KANSAS CITY, MO. 64111 816/756-1600 ± 319NORTH FOURTH ST. -ST. LOUIS,MO. 63102 314/621.0414 P.O. BOX 13229 - ST. PETERSBURG, FL., 33733 813/822.0392 Certificate of 3w5urance This Certificate of Insurance neither affirmatively nor negatively amends, extend or alters the coverage afforded by the policy lies) described hereon, and is issued as a matter of information and confers no rights upon the Holder. The Policy identified below by a Policy Number is in force on the date of certificate issuance. Insurance is afforded only with respect to those coverages for which a specific limit of liability has been entered and is subject to all the terms of the Policy having reference thereto. Nothing herein contained shall moth an cY 9 9 modify y Provision of said Policy. l In the event of cancellation of the Policy the company issuing said Policy will make all reasonable effort to send Notice of Cancellation to the certificate holder at the address shown herein, but the company assumes no responIK - sibility for any mistake or for failure to give such notice. Any Carnival or Circus Liability Insurance made a part of the Policy includes as a person insured with respect to an occurence taking place at a Carnival or Circus site (1) The Fair or Exhibition Association, sponsoring organization or committee (2) The owner or lessee thereof and (3) A municipality granting the Named Insured permission to operate a Carnival or Circus. NAME AND ADDRESS OF INSURED: — MACKENZIE PARK PLAYGROUND, INC., DBA JOYLAND AMUSEMENT AND/OR JAMES DEAN AND/OR CITY OF LUBBOCK AND70R PAUL ROADS ' NAME AND ADDRESS OF CERTIFICATE HOLDER: Insurance Department ' City Hall 916 Texas Avenue Lubbock, Texas 79457 AMUSEMENT LIABILITY BODILY INJURY AND PROPERTY DAMAGE LIABILITY POLICY EXPIA0ION COMPANY COMBINED SINGLE LIMIT NUMBER DATES Continental Casualty $300,000 Combined Single Limit RD 4759675 4/28/81 Company Lexington Insurance The difference between Company $1,000,000 Combined Single 5521946-172 4/28/81 Limit and the primary limit TOTAL LIMITS $1,000,000 CSL Aprill7, 1980 DATE OF CERTIFICATE ISSUANCE 1K 1K iK :K Haas -Wilkerson -Wohlberg