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HomeMy WebLinkAboutResolution - 061473A - County Fire Protection Agreement Extension - 06/14/1973V Vii/ 417a 6 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the County Fire Protection Agreement dated March 11, 1971 BE and is hereby extended until a new agreement is negotiated save and except the same is hereby amended to provide for he payment of $203.00 per run by the County of Lubbock to the City of Lubbock Provided, however, that this extension shall not exceed ninety (90) days from passage hereof. Passed by the City Council this 14th day of June 1973. MORRIS W. TURNER, MAYOR ATTEST: Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: f/L-' red O. Senter, Jr., PASSED by the Commissioners Court of Lubbock County, Texas, this day Of LV 1973. ATTEST: C i 4_7a�k County Clerk APPROVED AS TO FORM: r District Att THE STATE OF TEXAS X COUNTY OF LUBBOCK X WHEREAS, on May 27th, 1954, a certain lease contract was made; and entered into by and between the City of Lubbock as Lessor and Sam Caplan as Lessee, which was also approved by the City of Lubbock Park and Recreation Commission and by the State Parks Board by theterms of which a tract of land situated ..in the Mackenzie Park in Lubbock, Lubbock County, Texas, with all improvements situated thereon was leased to the said Sam :Caplan for the purpose of the operation thereon of an amusement park playground; and WHEREAS, by -a renewal agreement dated April 27th, 1967, such original contract was renewed and extended in all its terms, conditions, and provisions for a period of ten years, beginning on January 1st, 1971, and terminating on December 31, 1981; WHEREAS, an assignment of said lease and renewal thereof was made to W. H. PLUMMER by SAM CAPLAN on March 10, 1971, and which said assignment was consented to, in writing, by all necessary, parties, as'fully set out in said lease; WHEREAS, such lease provides that it shall not be assigned, nor sublet without first having obtained the written consent and approval of the City Commission of the City of -Lubbock and the Park'and Recreation Commission of the City of Lubbock and when required to consent of the Texas Parks and Wildlife Commis- sion; and WHEREAS, said W. H. PLUMMER has formed a Texas Corporation, "MACKENZIE PARK PLAYGROUND, INC." and W. H. Plummer desires not only to assign such lease contract and all rights thereunder unto -his said corporation, "MACKENZIE PARK PLAYGROUND, INC." but also desires to secure the approval of the proper authorities for .such assignment as contemplated by said lease contract; NOW, THEREFORE, KNOW ALL MEN BY THEE. PRESENTS: That I, W. H. Plummer as Assignor do hereby bargain, sell, convey, assign, and deliver unto the said "Mackenzie Park Playground, Inc.", all right,*title, and interest heretofore -at any time held in -and -to the lease contract and its extension as well as the prior assignment thereof hereinabove set forth, copies of which are attached hereto and made a part hereof, for all pertinent purposes. TO HAVE AND TO HOLD the same unto the said "Mackenzie Park Playground, Inc.", its successors and assigns forever. And the said "Mackenzie Park Playground, Inc.", by its duly authorized officers, W. H. Plummer, President, by executing this instrument and as consideration for the transfer of said lease contract does hereby agree to assume and become obligated for all of.the conditions, restrictions, limitations, and duties imposed upon the said W. H. Plummer, as -Lessee under the terms and provisions of said lease contract. With respect to this assumption it is understood and agreed that should the said "Mackenzie Park Playground, Inc." be in default of any of the conditions and provisions set out in said lease contract and its extension,, the City.of.Lubbock, the chairman of ,its Park and Recreation Board and/or the.Parks and Wildlife Department of the. State.of Texas, may give it notice of such default or such violation and may likewise give such notice to the former Lessee, Sam Caplan, as long as an indebtedness exists in favor of the said Sam Caplan against the machinery,. equipment, amuse - park; and should the said "Mackenzie Park Playground, Inc." not ,correct such default or violation within a period of ten days thereafter, thesame shall constitute a default of the obligation of W. H. Plummer to the.said Sam Caplan and shall immediately subject his 'note and obligation to Sam Caplan to maturity in its entirety and subject all such personal property used in the operation of said Mackenzie Park Playgrounds, Inc. to immediate No Text