HomeMy WebLinkAboutResolution - 061473A - County Fire Protection Agreement Extension - 06/14/1973V Vii/ 417a
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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
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