HomeMy WebLinkAboutResolution - 2021-R0435 - Amendment No. 5 to Lease Agreement with Joyland Amusement Park 10.26.21Resolution No. 2021-R0435
Item No. 7.24
October 26, 2021
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, Amendment No. 5 to the Joyland Lease Agreement
extending the term until December 31, 2021, by and between the City of Lubbock and
Mackenzie Park Playground, Inc. d/b/a Joyland Amusement Park, and related documents.
Said Amendment is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council on
ATT ;ST:
T�
hm
Rebbeca Garza, City Secretary
APPROVED AS TO CONTENT:
W H-L�
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
Ryan joke, ssistant City Attorney
RES.Amendment No. 5, Joyland Lease Agreement
10.15.21
October 26, 2021
a)��
DANIEL M. POPE, MAYOR
Resolution No. 2021-R0435
AMENDMENT NO.5
TO AGREEMENT BETWEEN THE CITY OF LUBBOCK
AND
MACKENZIE PARK PLAYGROUND, INC.,
D/B/A JOYLAND AMUSEMENT PARK
THIS FIFTH AMENDMENT to the Joyland Lease Agreement dated August 13, 1987, is
entered into by the City of Lubbock ("City"), a home rule municipal corporation in Lubbock
County, Texas and Mackenzie Park Playground, Inc., d/b/a Joyland Amusement Park
("Joyland") Address, 500 Canyon Lake Drive, Lubbock, TX 79401.
WHEREAS, on or about August 13, 1987, City and Joyland executed a Lease Agreement
whereby the City leased to Joyland lands located in Mackenzie Park for a term of ten (10) years
with an additional term of five (5) years; and
WHEREAS, both parties for good and valuable consideration on or about February 8,
1996, modified the initial term of said Lease Agreement in a First Amendment to enable Joyland
to obtain financing for improvements to the park facility; and
WHEREAS, both parties for good and valuable consideration on or about February 27,
1997, further modified said Lease Agreement in a Second Amendment with regard to the lease
payments; and
WHEREAS, both parties for good and valuable consideration on or about October 13,
2006, further modified said Lease Agreement in a Third Amendment with regard to the term of
the lease, thereby creating a termination date of October 31, 2021, and with regarding to the
lease payments; and
WHEREAS, in response to the mandatory closure of non -essential businesses and
necessary precautions in business services related to the COVID-19 pandemic, and by the
authority of the emergency declarations of the State of Texas and the City of Lubbock, the
parties further modified said Lease Agreement in a Fourth Amendment reducing the lease
payments for the year 2020; and
WHEREAS, both parties for good and valuable consideration desire to further amend
said Lease Agreement with regard to the term;
NOW THEREFORE, for and in consideration of the mutual promises, covenants, terms
and conditions, both general and specific, as hereinafter set forth, the Joyland Lease Agreement
of August 13, 1987, all subsequent amendments thereto, are hereby amended by deleting the
termination date of October 31, 2021 in Section 1 and replacing the termination date with
December 31, 2021 in Section 1.
All other portions of the original Lease Agreement and previous Amendments shall
remain in place and are not altered by this Amendment.
IN WITNESS HEREOF, the parties have executed this Amendment as of this26th day of
October 2021.
CITY OF LUBBOCK:
DANIEL M. POPE, MAYOR
A EST:
at4y
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
c.Q tx
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
Rygnooke, As. istant City Attorney
Parks & Rec.Joyland Amendmcnt No. 5
10.14.21
MACKENZIE PARK PLAYGROUND, INC.,
DB/A JOYLAND AMUSEMENT PARK
DAVID DEAN, PRESIDENT
AMENDMENT NO.4
TO AGREEMENT BETWEEN TUC CITY OF LUBBOCK
AND
MACKENZIE PARK PLAYGROUND, INC.,
D/B/A JOYLAND AMUSEMENT PARK
(PURSUANT TO FEMA REGULATIONS)
THIS IS AN AMENDMENT TO THE LEASE AGREEMENT dated and entered into the
!th day of May 2020 by and between the City of Lubbock ("City") and Madre Park
Playground, Inc., d/b/a Joyland Amusement Park ("Joyland") Address, 500 Canyon Lake Drive,
Lubbock, TX 79401.
WHEREAS, the City and Joyland entered into a Lease Agreement ("Agreement") on
August 13, 1987, a copy of such Agreement, and all amendments thereto, is attaobod hereto as
"Exhibit 1" and is incorporated in this Amendment as if fully set forth heroin; and
WHEREAS, on March 13, 2020, pursuant to Section 418.014 of the Texas Government
Code, the Governor declared a elate of disaster for the Stare of Texas; and
WHEREAS, on April 3, 2020, the Mayor of the City of Lubbock issued a Seventh
Declaration of Disaster, pursuant to his authority under Section 418.108 of the Taxes Government
Code, continuing the local state of disaster, and suspending certain administrative regulations for
procurement; and
WHEREAS, in response to the mandatory closure of non -essential businesses and necessary
precautions in business services related to the COVID-19 pandemic, and by the authority of the
emergency declarations of the State of Texas and the City of Lubbock, the City and Joyland herby
desire to amend sold Agreement.
NOW THEREFORE, the City and Joyland hereby agree to amend the Agreement as
follows:
This Amendment No.4 reduces the lease payment according to Section 9 of the original Agreement.
Pursuant to this amendment, the four payments due for the year 2020 shall be as follows:
Payment due June 1, 2020. $0.00
Payment due September 1, 2020: $9,583.25
Payment due Ootober t, 2020: S9,583.2S
Payment due November 1, 2020: ",583.25
This Amendment shall become effective as of May 11. 2020 and shall remain in effect until
Deegmber 3j. 2020 unless modified in writing and signed by both parties. Following the expiration
of this Amendment No. 4 on December 31, 2020, the previous Section 9 of the Agreement shall be
restored as follows:
"The consideration for the execution and acceptance of this Lease Agreement is payable as follows.
An annual payment of S38,333 per year to be paid in four payments of $9,583.25 due June 1, July
1, August 1, and September 1. The first payment will be due Irma 1, 2021 "
All other portions of the original Agreement and previous Amendments shall remain in place and
are not altered by this amendment.
SUPPLEMENTAL. FEDERAL REQUIREMENTS: This agreement may receive federal aid through
the Federal Emergency Management Agency (FEMA) and additional contract provisions of are set forth in
2 C.F.R §200.326 and included herein. Continuation of this project is contingent upon availability
of Federal Funding.
IN WITNESS HEREOF, the parties have executed this Amendment as of this 1l ie' day of
May 2020.
CTIY OF LUBBOCK:
arts AIVEw, Director of Purchasing
and Contract Management
APPROVED AS TO CONTENT:
.LA14aA
Brooke Witcher, Assistant City Manager
APPROVED AS TO F
B ok ant City Attorney
Co r
MACKENZIE PARK PLAYGROUND, INC.,
13/B/A JOYLAND AMUSEMENT PARK
SUPPLEMENTAL FEDERAL PROVISIONS AND ASSURANCES OTMA)
Pursuant to 2 C.F.R. Part 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract
Clauses
During the performance of this contract, the contractor agrees as
follows:
1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sox, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: Employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex, or national origin.
3) The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to inaatces in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job fit wdons
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including
an investigation conducted by the employer, or is consistent with the contractor's legal duty to
Rnnish information.
4) The contractor will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments
under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5) The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of labor.
6) The contractor will furnish all information and reports required by Executive Order 11246
or September 24, 1965, and by rules. regulations. and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1%5, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontrad or purchase order unless
exempted by rules, regulations„ or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The contractor will take such action with respect to any subcontract
or purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractor may request the United States to enter into
such litigation to protect the interests of the United States. The applicant &Am agrees that it will
be bound by the above equal opportunity clause with respect to its own employment practices
when it participates in federally assisted construction work: Provided, that if the applicant so
participating is a State or local government, the above equal opportunity clause is not applicable
to any agency, instrumentality or subdivision of such government which does not participate in
work on or under the contract. The applicant agrees that it will assist and cooperate actively with
the administering agency and the Secretary of Labor in obtaining the compliance of contractors
and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders
of the Secretary of Labor, that it will fbmisb the administering agency and the Secretary of Labor
such information as they may require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the agency's primary responsibility
for securing compliance. The applicant further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 11246 of September 24,1965, with a
contractor debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry out such
sanctions and penalties for violation of the equal opportunity clause as may be imposed upon
contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to
Part IL Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses
to comply with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part this putt (eon Tact, loan, insurance, Page
10 of 25 www.fema.gov/pmcunmiM-disaster-auhtmuw-team To Table of Contents U. S.
Department of Homeland Security Headquarters 500 C St SW Washington, D.C. 20042
guarantee); refrain from extending any tinrther assistance to the applicant under the prop con with
respect to which the fail re or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the can to the Dcpwtmcat of Justice for
appropriate legal proceeds .
Davis Bacon Art and Ceneland Anti-Ki &&d Act. During the performance of this
contract, the contractor agrees as follows:
Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference
into this contract.
Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause
above and such other clauses as the FEMA may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
Breach. A breach of the contract clauses above may be grounds for termination of the contract,
and for debarment as a contractor and subcontractor as provided in 29 C.P.R. § 5.12."
Contract Work Hann and Safety Standards Act During the performance of this
contract, the contractor agrees as follows:
Ove 'me IMIL No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half inter
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
yjgIlgio ; lia_ bilit^for unlWd waaea� idated damages. In the event of any violation of
the clause set forth in paragraph (1) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the we of work done under contract
for the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer
or mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
W
ithholdiag for unpaid wages and lia: idatgd, damages. The City of Lubbock, Texas shall
upon its own action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph (2) of this section.
Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs (1) through (4) of this section."
Clear n A_ ct ggAft EG&fBl Water Pallut gn Control Aa. During the performance of this
contract, the contractor agrees as follows:
The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
The contractor agrees to report each violation to the State of Teas and understands and agrees
that the State of Texas will, in tum, report each violation as required to assure notification to
the City of Lubbock, Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FEMA.
F2dgllf Wait Pollution Control Act: During the performance of this contract. tho contractor agrees as
follows:
The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Aux. as amended, 33 U.S.C. 1251 et seq.
The contractor agrees to report each violation to the (name of the state agency or local or Indian
tribal government) and understands and agrees that the (name of the state agency or local or
Indian tribal government) will, in turn, report each violation as required to assure notification
to the City of Lubbock, Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FEMA."
During the performanoe of this contract, the contractor
agrees as follows:
This contract is a covered transaction for purposes of 2 C.F.R. pt. 190 and 2 C.F.R. pt. 3000.
As such the contractor is required to verify that none of the contractor, its principals (defined
at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. 1190.905) are excluded (defined at
2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C
and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
This certification is a material representation of fact relied upon by the City of San Marcos. If
it is later determined that the contractor did not comply with 2 C.F.R. pt. 190, subpart C and
2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City of San Marcos and
the State of Texas, the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of2C.F.R. pt. 190, subpart C
and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any
contract that may arise from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions."
Bad �;nti-Lob wing Amendment 31 U.S-C_ j 1352 fas amendedl During the performance
of this contract, the contractor agrees as follows:
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract,
grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any
lobbying with non -Federal Rands that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient."
ProgWMent of Recovered Materials. During the performance of this contract, the contractor
agrees as follows:
1) In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA- designated items unless the
product cannot be acquired-
L Competitively within a timefreme providing for compliance with the contmet
performance schedule;
ii. Meeting contract performance requirements; or
iii. At a reasonable price.
2) information about this requirement is available at EPA's Comprehensive Procurement
Guidelines website, h /www_e^gov/cp i. The list of EPA -designate items is
available at httpalv��a.eog,gUlcog„groducts_.htm."
Additional FEMA Requirements. During the performance of this contract, the contractor
agrees as follows:
The contractor agrees to provide City of Lubbock, State of Texas, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representatives access to
any books. documents, papers, and records of the Contractor which are directly pertinent to
this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
The contractor agrees to provide the FEMA Administrator or his authorized representatives
access to construction or other work sites pertaining to the work being completed under the
contract."
DHS Scal. Leda. and Flags.
-Me contractor shall not use the DHS scal(s), logos. crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pro- approval."
pliancy with Federal s►w_ RegulatinaL and Executive Orders_
'This is an acknowledgement that FEMA financial assistance will be used to fund the contract
only. The contractor will comply will all applicable federal law, regulations, executive orders,
FEMA policies, procedures, and directives."
"The Federal Government is not a party to this contract and is not subject to any obligations
or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter
resulting from the contract."
}rag= Fraud AW False or ent Statements 91 Zg gSd Acts.
"The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the contractor's actions pertaining to this contract."
APp DIX A. 44 C F.tt_ PART IS. CERTIFICATION RIZQARQIWG L-014HYINO
(must be included with Hid)
The undersigned Contractor certifies, to the best of his or her knowledge, that:
No Federal appropriated ftutds have been paid or will be paid. by or on behalf of the
undersigaed, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
if any fluids other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrante, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31. U.S.C, 4 1352 (as amended by the Lobbying Disclosure
Act of 1"5). Any person who fails to file the required certification shall be subject to a civil penalty
of not less than 310,000 and not more than 3100,000 for each such failure.
The Contractor Mackenzie Park Playszound. Inc., dlbla Jottlaad Amusement Park "Jo dmC , certifies or
affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Contractor understands and agrees that the provisions of 31 U.S.C. $ 3801 et seq.,apply to
thiertification enddisclosure, if any.
Sil;Wtuie oMontmcfo-es Authorized Official
Name and Title of Contractor's Au&aized Official
,s--II-2o
Date
Resolution No. 2018-R0069
Item No. 6.15
February 8, 2018
RESOLUTION
WHEREAS, the City of Lubbock (the "City") and Mackenzie Park Playground, Inc., d/b/a
Joyland Amusement Park ("Joyland") entered into a Lease Agreement on August 13, 1987, a
copy of such Lease Agreement, and all amendments thereto, is attached hereto as "Exhibit l "
and is incorporated in this Resolution as if fully set forth herein;
WHEREAS, Section 10 of said Lease Agreement permits the assignment of the Lease
Agreement with the written consent of the City; and
WHEREAS, Joyland desires to assign to Prosperity Bank the Lease Agreement with the City
in order to finance park improvements, with a copy of such Assignment being attached hereto
as "Exhibit 2" and being incorporated in this Resolution as if fully set forth herein; and NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council of the City of Lubbock hereby approves and consent~
to the Assignment of the Lease Agreement from Joyland to Prosperity Bank for the financing
of park improvements.
SECTION 2. THAT the act of the City Manager of the City of Lubbock in executing the
Assignment of the Lease Agreement from Mackenzie Park Playground, Inc., d/b: a Joyland
Amusement Park, to Prosperity Bank, is hereby ratified in full. Said Lease Agreement and
Assignment are attached hereto and incorporated in this Resolution as if fully set forth herein
and shall be included in the minutes of the City Council
Passed by the City Council on February 8, 2018
DANIEL M. POPE, MAYOR
ATTEST:
Reb a aria, ity Se eta
APPROVED AS TO CONTENT:
W. Jarr tt Atkinson, City Manager
APPROVED AS TO FORM:
Ju 1n P uitt, A sistant City Attorney
ccdocs'RES Ratify Lease Agreement - Assignment from Joyland to Prosperity Bank - Park Improvements
January 26,2018
VOW •� • I
JOYLANA AMUSEMENT PARK
LEASE AGREEMENT
THE STATE OF TEXAS S
COUNTY OF LUBBOCK S KNOWIfALL MEN BY THESE PRESENTS:
That the following agreement made and entered into by and be-
tween the CITY OF LUBBOCK, TEXAS, hereinafter called "City", acting
by and through its officers heretofore duly authorized to execute
this instrument, and upon the recommendation of the City of Lubbock
Parks and Recreation Board, subject to the approval of the Texas
State Parks Board, and MACKENZIE PARK PLAYGROUND, INC. d/b/a JOY -
LAND AMUSEMENT PARK, hereinafter called "Concessioner", of Lubbock
County, Texas.
W I T N E S S E T H:
Section 1
That for and in consideration of the rental as hereinafter
provided, the City of Lubbock does hereby lease and let to Conces-
sionersall of the area in Mackenzie State Park known as Joyland
Amusement Park, in the County of Lubbock, state of Texas, and
within the corpgrate limits of said City of Lubbock, for a term of
ten (10) years, beginning the 1st day of October, 1987, and termi-
nating on the 30th day of September, 1997, and said lease shall b6
automatically extended for an additional term of five (5) years
from the lst day of October, 1997, to the 30th day of September,
2002, unless either party to this agreement shall give written
notice of termination to the other party before the expiration of
♦❑
the ten (10) year term, and provided said lease is not terminated
earlier by mutual agreement, or as hereinafter provided.
section 2
Concessioner agrees as an independent contractor to operate
all concessions in said Joyland Amusement Park in a manner that
will be acceptable to the City of Lubbock, the Lubbock Parks and
Recreation Board and the Texas State Parks Board, or their duly au-
thorized agents, and in accordance with all laws, rules, regula-
tions and ordinances of the City of Lubbock, the Lubbock Parks and
Recreation Board, the State of Texas and the Texas State Parks
Hoard. This agreement applies to all existing laws, rules, regula-
tions and ordinances and all laws, rules, regulations and ordi-
nances hereinafter enacted or which may become effective while this
agreement remains in force.
Section 3
Concessioner further agrees, binds and obligates itself to
keep said Joyland Amusement Park in a clean and sanitary condition,
and to maintain all plants, trees, grasses, buildings and improve-
ments in such a state of repair as the same are in at the commence-
ment of this lease, reasonable use and wearing thereof excepted,
and plants, trees, grasses, buildings and improvements placed in
said Joyland Amusement Park during the term of this agreement shall
be maintained in such a state of repair as the same are in at the
time of their installation or construction, reasonable use and
wearing thereof excepted. in helping to maintain Joyland Amusement
Park, the City agrees to furnish a parking lot or lots of suffi-
-2-
0
cient size to meet the needs of the public in its use of said Joy -
land Amusement Park. The City also agrees to provide water to Con-
cessioner.
Section 4
Concessioner agrees to make capital improvements on Joyland
Amusement Park commensurate with the growth in gross revenues
generated by said Joyland Amusement Park and which, in this
Concessioner's opinion, will enhance the value, patrons' use and
revenue of Joyland Amusement Park, and any permanent improvements
such as buildings, etc. so erected by Concessioner on the leased
premises shall become the property of the City at the expiration of
this lease agreement; provided, however, that all temporary
improvements such ds rides, etc. shall remain the personal and
removable property of Concessioner.
Section 5
Concessioner shall maintain at all times during the term of
this agreement, at Concessioner's sole expense, insurance with an
insurance underwriter acceptable to the City and authorized to do
business in the State of Texas, as follows:
(1) Comprehensive General Liability Insurance in the amount
of ONE MILLION AND N01100 DOLLARS ($1,000,000.00)
(Combined Single Limit) for Bodily Injury and Property
damage claims resulting from Concessioner's business ac-
tivities upon the leased premises. The City of Lubbock
is to be named as an additional insured on this policy,
and a copy of the endorsement naming the City as an addi-
IMM
V
V
tional insured is to be attached to or indicated on the
Certificate of Insurance.
(2) Fire and Extended Coverage Insurance on all improvements
located on the premises in amounts sufficient to cover
replacement costs of such improvements or the maximum for
which the same are insurable, whichever is less. The
City of Lubbock is to be named as insured on this policy.
(3) Boiler Insurance on any device defined as a boiler by the
laws of the State of Texas. Concessioner shall also com-
ply with all of the State's registration and inspection
requirements for boilers.
(4) Workers, Compensation Insurance sufficient to meet statu-
tory requirements.
City reserves the right to require Concessioner to secure ad-
ditional amounts of insurance from time to time throughout the term
of this agreement which the City deems necessary to protect its in-
terests and the interests of members of the public who visit Joy -
land Amusement Park, but any requirement for additional insurance
shall be based on such factors as construction of additional facil-
ities, increased usage of facilities and inflation.
In the event of loss, in whole or in part, of any permanent
improvement insured pursuant to the provisions of this agreement,
the Concessioner shall apply all proceeds received from such insur-
ance toward either (1) rehabilitation or repair of such improve-
ment, or at the option of the City M Ithe construction of new im-
provements.
- 4 -
v
If, during the term of this agreement, Concessioner's improve -
meets are totally or partially destroyed from a risk required to be
covered by the insurance described in this section, or otherwise
covered by insurance, this agreement shall not terminate, and Con-
cessioner shall timely restore or cause to be restored the improve-
ments to substantially the same condition as existed immediately
before such destruction, whether or not the insurance proceeds are
sufficient to cover the actual cost of restoration: Where the risk
was not required to be covered by insurance as set forth in this
Section, Concessioner shall only be required to restore improve-
ments to the extent of the insurance proceeds received.
Certificates of insurance or other satisfactory evidence of
insurance shall be filed with the City Secretary prior to entry
upon the leased premises by the Concessioner. Each policy shall
name the City as an additional insured as its interest may appear.
Each policy shall also provide that the insurer shall notify the
City Secretary of the City of Lubbock, Texas, of any alteration,
renewal or cancellation of its terms and that such policy will re-
main in full farce and effect until ten (10) days after such notice
is received by the City Secretary.
Section 6
The City and its duly authorized agents and representatives
are hereby authorized by Concessioner to at all times and seasons
enter Joyland Amusement park and all buildings and equipment on the
leased premises for the purpose of inspecting the entire area for
all lawful purposes, and to inspect and audit all books, records,
- 5 -
Is
C
files and other matters pertinent thereto, which concessioner shall
at all times maintain and make available to the city's agents and
representatives; and further, the City retains the right to make
improvements in Joyland Amusement Park in cooperation with Conces-
sioner which, in the discretion of the city, are necessary or de-
sirable in order that the public might obtain full enjoyment of
such premises.
Section 7
Concessioner agrees to notify and request approval in writing
from the City's Director of Parks and Recreation for any and all
changes, additions or alterations in the design and placement of
facilities in Joyland Amusement Park.
Section 8
Concessioner shall at all times maintain a consecutively num-
bered ticket system, and a detailed report of Concessioner's gross
income from all sources shall be furnished to the City, together
with the money which shall, be due and owing to the"City as a result
of each month's operations, on the 10th day of the following month,
and further, Concessioner is hereby required to keep complete, ac-
curate and detailed financial bookkeeping records which shall be
subject to audit as hereinabove provided.
Section 9
The consideration for the execution and acceptance of this
lease agreement is payable as follows:
As a part of the consideration for the execution of this
agreement, Concessioner shall pay to the City a monthly rental
- 6 -
J
based on gross receipts from amusement rides according to the
following scales
$ 0.00
to
$250,000
5%
$250,000
to
$275,000
51%
$275,000
to
$300,000
6%
$300,000
to
$325,000
61%
$325,000
to
$350,000
7%
$350,000
to
$375,000
7f$ '
$375,000
to
$400,000
8%
$400,000
to
$425,000
81%
$425,000
to
$450,000
9%
$450,000
to
$475,000
91%
$475,000 '
to
$500,000
10%
and further, that a percentage
on the gross
receipts for all
food concessions other
than rides will be two percent (2%) and
will be raised one half
percent
(.5%) according to the in-
crease in amusement ride revenue as stated above.
rt is understood and agreed by and between the parties
that "gross take on all rides" shall be construed to mean all
sums of money coming into the hands of Concessioner as a re-
f
sult of the operations of Joyland Amusement Park after the
"deduction of•all amusement taxes."
Section 10
Concessioner covenants that it will not assign this lease, nor
sublet the whole or any part of the leased premises without first
having obtained the written consent and approval of the Director of
-y_
Parks and Recreation of the City of Lubbock and the Parks and
Recreation Hoard and, when required, the consent of the Texas State
Parks Hoard.
Section 11
if Concessioner shall neglect or otherwise fail to perform or
observe any of the covenants contained in this instrument which are
to be performed by Concessioner, or shall be declared bankrupt ac-
cording to law, or if any assignment shall be attempted to be made
of said leased premises for the benefit of creditors, the City may
lawfully and immediately or at any time thereafter, and without
further notice or demand, enter into and upon the leased premises,
or any part thereof in the name of the whole, and repossess the
same, and expel Concessioner and remove Concessioner's effects
without being deemed guilty of any manner of trespass, and without
prejudice to'any remedies which might otherwise be used for obtain-
ing possession of the premises or rent in arrears, and upon entry
as aforesaid the rights of Concessioner in this lease shall cease
and be ended.
Section 12
It is mutually agreed and understood by and between both par-
ties hereto that at the expiration of this lease the same may be
renewed for a period not to exceed ten (10) years, with the terms
and conditions to be agreed upon by both parties.
g
m
THIS AGREEMENT IS EXECUTED IN QUADRUPLICATE this, the 13th
day of August , 1987.
CITY OF LUBBOCK
BY:.[J Z. _e .j& C 445�
B. C. M MI N, MAYOR
ATTEST:
Ranette Rid-, City Secret z
APPROVED/4 TO CONTENT:
Lee7osborn, Director of
Parks and Recreation
APPROVED AS TO FORM:
Harold Willard, Ass stant
City Attorney
MACKENZIE PARK PLAYGROUND, INC.
d/b/a J YLAND AMUSEMENT PARK
By:
EXAS STATE PARK'S BOARD
BY:
- 9 -
KedaiuClon No. ;v74
February 8, 1996
Item 015
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a First Amendment to Joyland Amusement
Park Lease Agreement, attached hereto and 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 8th day of February, 1996.
ATTEST:
Betty M. Johnson, ity Secretary
A$+TO CONTENT:
/
torus, Direct r of culture r(Z
�
Services
APPROVED AS TO FORM:
92-41 & V4 & 9 t e
arold Willard, Assistant City Attorney
Mda/ccdcah joyind.oes
January 30. 1996
THE STATE (
2. That the phrase "subject to the approval of the Texas Parks and Wildlife
Department" contained in the first paragraph on page I of the agreement is hereby deleted from
the agreement.
3. That the phrase "and the Texas Parks and Wildlife Department" contained in
Section 2 of the agreement is hereby deleted from the agreement.
4. That the phrase "and, when required. the consent of the Texas Parks and Wildlife
Department" contained in Section 10 of the agreement is hereby deleted from the agreement.
S. That the agreement between the City and Concessioner to which this Amendment
is applicable shall be modified and amended only as expressly stated herein and is hereby ratified
and affirmed in all other respects.
EXECUTED THIS 8th day of February 1996.
OF BOCK MACKENZIE PARK PLAYGROUND, INC.
� /-";'% ---_ d/b/a JOYLAND AMUSEMENT PARK
BY:
R. LANGS`170N, MA
ATTEST:
Betty'M. Johnson, City Secretary
APPRO El) AS TO CCENT:
find Leisure Services
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
HW:dv/dtyaWajoylnd.doc
January 30, 1996
FIRST AMENDMENT TO JOYLAND AMUSEMENT PARK
LEASE AGREEMENT
Page 2
Apr-19-01 01:10P
10. u.2
USOLUTiON NO.5L28
Item 116
February 27, 1997
BE IT RESOLVED BY THE Crry COIJNCUL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Second Amendment to the Joyland
Amusement Park Lease AVftment, attached hereto and 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 27rh day of_ February . 1"7.
LF
-10 �L-2ffva-
ATTEST:
btil.•
Kathie arnell, City Secretary
APPROVED A& TO CONTENT:
Carolyn Allanw-Onns, DirlOor of `
Cuiturgand Leisure Services
APPROVED AS TO FORM:
a,
&ORr�
id O. V ver, First Assistant
City Attorney
oOv.v&WW hYbW2M
r4xuWr3. im
Apr-29-01 oi:iop
SECOND AMENDMENT
JOYLAND AMUSEMENT PARK
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
P.01
•.r.+va.v a av+. ��v. �•..v
item #16
February 27, 1997
KNOW ALL MEN BY THESE PRESENTS
THIS Second Amendment to the Joyland Amusement Park Lease Agreement
entered into by and between the City of Lubbock, Texas, hereinafter called "City," and
MacKenzie Park Playground, Inc., d/b/a Joyland Amusement Paris, hereinafter called
"Concessioner."
WITNESSETFi:
WHEREAS, on or about the 13th day of August, 1997, City and Concessioner
executed a Lease Agreement whereby the City leased to Concessioner all of the area in
Mackenzie Park for a term of ten (10) years with an additional term of five (5) years; and
WHEREAS, the term of said Lease Agreement has been extended to the 28th day
of February, 2006. with an optional extenslons of five (5) years in a First Amendment to
said Lease Agreement which was executed by the parties hereto on or about the 8th day
of February, 1996; and
WHEREAS, both parties for good and valuable consideration desire to further
amend said Lease Agceement by amending Section 9 to read as follows.
Section 9
The consideration for the execution and acceptance of this Lease Agreement is
payable as follows:
As a part of the consideration for the execution of this agreement, Concenioner
shall pay to the City a monthly rental b , on Aross�cei t from Joyland Amusement
Park according to the following scale:
OTHER
RIDES
RECEIPTS
S 1
to
S2$0,000
5%
2% t`'
$250,001
to
S275,000
51R%
21/2%
S275,001
to
$300,000
60/0
3%
S300,001
to
S325,000
61/24A
31/2%
S325:001
to
$3S01000
70/11
4%
JOYLAND AMUSEMENT PARK
ADDITIONS AND IMPROVEMENTS
1989
1990
1991
1992
1993
1994
1995
Addition of the Round -Up Ride
Added the animated Bonanza Shooting Gallery
Replaced the Go -Karts with the Galaxie Coaster
Our desire was to enhance the family atmosphere
Expanded the midway
Built a new building and moved the Bonanza Shooting Gallery
Built another building for.
The Shoot Out The Star Game
Additional arcade equipment
Concession
Shade and picnic tables
New Entrance and additional gates
Resurfaced the Midway
Added the Rock-O-Plane Ride
Built an additional games building and added:
The Frog Game
Hot Shots Basketball Game
Added the Dart Game
Added the Space Shuttle Ride
Water Wars Game
"Sunport" shade and additional tables with benches
Resurfaced the Midway
New Arcade games
New and Expanded Games Redemption Area
Outdoor air conditioning - mist system
GROSS REVENUE ON
RIDES ,AND CONCESSION
Percentage Gross
To City Income
1989
Rides: $250,000.00 at 5% $12,500.00 $291.288.96
$ 41,286.96 at 512% 2,270.89
Concession: $ 43,260.93 at 2% 897.30 43.250.93
TOTAL $16.668.19 $334,539.89
1990
Rides:
$250.000.00 at 5%
$12.500.00
$292,427.95
$ 42,427.95 at 51/2%
2,333.54
Concession:
$ 44,4315.05 at 2%
888.30
44,311.95
TOTAL
$16.7M"
$3361743.00
1991
Rides:
$250,000.00 at 5%
$12,500.00
$304,940.17
$ 54,940.17 at 51/2%
3,021.71
Concession:
$ 49,461.81 at 2%
9A2.24
49.461.81
TOTAL
$16,610.96
$354,401.98
1992
Rides:
$250,000.00 at 5%
$12,500.00
$288,176.32
$ 38.176.32 at 51/2%
2,099.70
Concession:
$ 53,541.88 at 2%
1,070.04
53,641.88
TOTAL
115,670.64
341718.20
1993
Rides:
$250,000.00 at 5%
$12.500.00
$316,402.55
$ 66,402.55 at 51/2%
3.652.14
Concession:
$ 67,582.85 at 2%
1,351.66
67,582.85
TOTAL
$17,603.80
$3B3.985A0
1994
Rides:
$218,227.83 at 5%
$10.911.39
$283,265.45
$ 65,037.62 at 51/2%
3,577.07
Concession:
$ 56,794.75 at 2%
1,218.48
56,794.75
TOTAL
$16.706.94
$340,060.20
1996
Rides:
$246,279.55 at 5%
$12,313.98
$322,896.40
$ 76,616.85 at 5112%
4,213.93
Concession:
$ 62,405.97 at 2%
1,319.84
62.4g5-RZ
TOTAL
$17.847.75
$385.302.37
Contract #: Change Order #: Requisition M ITB# / RFP# / RFQ# (It Applicable).
CONTRACT COVER SHEET
See Step -by -Step Contracting Process on CLIC for instructions
(Type or Print all information with the exception of Signatures and Signature Dales)
rorward the complete contract package to Contract Management, Municipal Building Suite 204, for review, approval and contract
execution. Thc complete package includes one (I) copy or the completed Contract _Cover Sheei (for Internal City use only), minimum or
three (3) originals of the contract or amendment: and minimum orthree (3) originals orail other cenifications and contract addenda.
Attached Contract must be "Approved as to Content" by Director and "Approved as to Form" by Legal. Thc roltowing signmurcs an
rcyuired in proem Cunlrtet Cover Sheet IMPORTANT: I och person Win sign% the Cuntruct Cover Shine must cateritll) review tit:
auuehcd contract document hufnresinging the contract cmw shirt
Risk Manager. Ins Cart Regd:. _ Dale
Dir of Fiscal Policy _ Date:
AsstCilyManagerlChief: _,...,_ _�_...._..._.._ - - _ Date:
ungmating Dept Ana Itnuivtuual Responsible for Ensuring Contract Terms and Contract Compli:
Department: Parks and Recreation Name: Randy Truesdell
Phone Number: 806.775.2671 Title: Community Services Director
Information for Vendor/Contractor/Age
Name of Entity. Joyland Amusement Park
Address: Mackenzie Park
City: Lubbock
Contact Name: David Dean
Contract Signatory: David Dean
Phone M 806.763.2719 Fax P
Contract Information:
or Other Entity City of Lubbock is Contracting With:
State: TX Zip: 79404
TiUe: Operator
E-mail:
Brief Description of Goods or Services or arrangements covered by the terms of the contract
Joyland Amusement Park Lease Agreement, First Amendment - to modify the length of the initial term from 2128106 to 2J28111
and to delate'Texas Parks and Wildlife' from agreement - Section i
Effective Date, ® Upon Execution by Authorized Signatories OR Other (Specify Date): 210811996
End Date: Notice To Proceed + (Specify # of pays) OR Other (Speafy Date): 2/28/2011
Finnneiat tnfnrmatinn
Cost Center. Account #: Amount: Not To Exceed: Wased on
Other: monthly rental
based on gross
receipts from
amusment tides
according to scale
In contract.
Coninacovashect due (Rev OU09105)
Contract #:
Change Order #:
Will Contract
Yes, see amount below
Generate
Revenue:
If so, amount $Based on
monthly rental based on
gross receipts from
amusment rides aceording
to scale in conbacL
Requisition #: ITB# / RFP# / RFQ# (if applicatle):
Project Number (if applicable):
Reviewed by Purchasing/Contract Manager:
C0nu2C1C0vCr$heet.doe (Rev 06107/05)
Will Contract Be Paid From Grant Funds: No
Notes:
Date
Contract Form and Signatory
Contract: General Agreement Signatory: Mayor
Contract Checklist (Not applicable to Ckaege Orders orAntend
1. Is this individual or owner of this business an officer or employee of the City of Lubbock? No
[Note: If Yes, City policy may not allow us to write a contract for this indivtduaUvendor.] It unsure, check with Legal.
2. Are all documents In order and submitted at least 5 business days prior to the start data for services for standard contracts or at least 20
business days prior to start date for services if using a non-standard contract? Contract will begin "pate of Full Execution"
(Note: If No, and not associated with a building repair, complete a'Juslification for Untimely Contract Submittar form.)
3. Does the contract, Licensing Agreement, insurance or other document requiring signature originate from the vendor? Yes . SEE NOTE
(Note: If Yes, must be reviewed by legal. Forward to Purchasing Departmenl.j
4 Does the contract involve work by the contractor on City owned property? No
(Note: If Yes, contact Risk Management at (806) 775-2277.)
5. Does the contract Involve the purchase of hardware, software, firmware or computer component acquisition? No
(Note: if Yes, A Purchase Requisition from Information Technology Is required. Contact IT at (806) 775-2374.)
6. Does the contract involve a awchas) valued at $2,500 or more? No
(Note: If Yes, A Purchase Requlsif m is required. For assistance, contact your Buyer in the Purchasing Department.)
7. Does the contract involve a agrchese valued at $25,000 or more? No
(Note: It Yes, Formal Competitive Seated Bidding is required For assistance, contact your Buyer in Ike Purchasing Department.)
8. Does the contract Involve Consulting Services valued at $25,000 or more? No
(Note: If Yes, requires Request for Qualifications. Contact Purchasing Manager (806) 775-2165.)
9. Dees the contract Involve purchase of construction valued at $25,000 or more? No
(Note: If Yes, Requires Payment Bond )
10. Does the contract involve purchaste of construction valued at $100,000 at more? No
[Note, If Yes, contract requires Performance Bond)
11. Does the contract include language for Insurance Requirements? No
(Note: If Yes, contact Risk Management at (806) 775-2277.)
12- If state funded, does the contract require language for Child Support certification? Not Applicable
(Note: If Yes, attach Child Support Certification, form OCAS-W25 for state funded acquisition.]
13. If federal or state funded, does the contract Include all clauses requred by federal or state statutes and executive orders and their
Implementing regulations? Not Applicable
14. If the purchaseltransaction involves the purchase, tease, acceptance as a gift, etc, of real estate, has an environmental site assessment
(ESA) been performed on the property? Not Applicable
(Note: If No, contact Environmental Compliance at x2860 or x2119,1
Contract Award by City Council (enter applicable A forntntion)
Council Date 201996 Council Agenda Ilem #: 15 Resolution 9 5094
Thc complete package includes one (t) copy of the completed Confract Cover Sheet (for internal City use only); minimum of three (3)
-inginals of the contract or amendment; and minimum of three (3) originals of all other certifications and contract addenda. Forward the
-smpiele contract package to Contract Management, Municipal Building Suite 304,for review, approval and contract execution.
Contnc1CoverShcct doc (Rev 06M9105)
Contract Summary
Contract Title: 5094, Resolution; Joyland Amusement Park 2-08-1996; Lease Amendment
Project/Purpose: Amending the agreement leasing all the area in Mackenzie State Park known as
Joyland Amusement Park to Mackenzie Park Playground, Inc.
Execution Date: February 8, 1996
End Date: Extended to W day of February, 2006, and said lease shall be automatically
extended for an additional term of five (5) years from the I" day of March, 2006, to the 28t6 day
of February, 20� 1, unless either party to this agreement shall give written notice of termination
to the other party before the expiration of the initial term, and provided said lease in not
terminated earlier by mutual agreement, or as hereinafter provided.
Contract Amount: Concessioner shall pay to the City a monthly rental based on gross receipts
from amusement rides according to the following scale: for gross receipts of $0 to $250,000
Mackenzie Park Playground, Inc. pays 5% to the City, $250,000 to $275,000 pays 5.5%, ...,
$475,000 to $500,000 pays 10% to the City (for each additional $25,000, up to $500,000, the
percentage rate increases by one-half percent, 0.501c). Further, a percentage on the gross receipts
for all food concessions other than rides will be two percent (2%) and will raise one-half percent
(0.50/9) according to the same scale as amusement ride receipts. it is understood and agreed by
and between the parties that "gross take on all rides" shall be construed to mean all sums of
money coming into the hands of the Concessioner as a result of the operations of Joyland
Amusement Park after the "deduction of all amusement taxes".
Payment Timing/Procedure: Concessioner shall pay on the I& day of the following month to
the City a monthly rental based on gross receipts from amusement rides and food concessions as
listed above.
Contractor: Mackenzie Park Playground, Inc. d/b/a Joyland Amusement Park
�I ").-7 lot
Point of Contact & Tel #: J�Dean, no phone number given -7 U 3
Contract Administrator: Corbin Pemberton, (806) 775-2689
Mandatory Reports/ Meetings:
(1) The City also agrees to provide water to Concessioner.
(3) The City and its duly authorized agents and representatives are hereby authorized by
Concessioner to at all times and seasons enter Joyland Amusement Park and all
buildings and equipment on the leased premises for the purpose of inspecting the
entire area for all lawful purposes.
(4) Concessioner agrees to notify and request approval in writing from the City's
Director of Parks and Recreation for any and all changes, additions or alterations in
the design and placement of facilities in Joyland Amusement Park.
(5) Concessioner shall maintain the following:
1 of 3
5094, Resolution; Joyland Amusement Park 2-08-1996; Lease Amendment
a. Consecutively numbered ticket system,
b. Detailed report of gross income from all sources to be furnished to City, and
c. Complete, detailed and accurate financial bookkeeping records which shall be
provided subject to audit.
Performance Standards:
(1) Concessioner further agrees, binds and obligates itself to keep said Joyland
Amusement Park in a clean and sanitary condition, and to maintain all plants, trees,
grasses, buildings and improvements in such state of repair as the same are in at the
commencement of the lease, reasonable use and wearing thereof excepted, and plants,
trees, grasses, buildings and improvements placed in said Joyland Amusement Park
during the tern of this agreement shall be maintained in such a state of repair as the
same are in at the time of their installation or construction, reasonable use and
wearing thereof excepted.
Deliverables: NA
Insurance: Concessioner shall maintain at all times during the term of this agreement, at
Concessioner's sole expense, insurance with an insurance underwriter acceptable to the City and
authorized to do business in the State of Texas, as follows: Comprehensive General Liability
Insurance ($1,000,000.00), Fire and Extended coverage, Boiler insurance, and Workers'
Compensation Insurance. City reserves the right to require Concessioner to secure additional
amounts of insurance from time to time. Certificates of insurance or other satisfactory evidence
of insurance shall be filed with the City Secretary prior to entry upon the leased premises by the
Concessioner; each policy shall name the City as additional insured.
General: Concessioner agrees to make capital improvements on Joyland Amusement Park
commensurate with the growth in gross revenues generated by said Joyland Amusement Park
and which, in this Concessioner's opinion, will enhance the value, patrons' use and revenue of
Joyland Amusement Park, and any permanent improvements such as buildings, etc. so erected by
Concessioner on the leased premises shall become the property of the City at the expiration of
this lease agreement; provided, however, that all temporary improvements such as rides, etc.
shall remain the personal and removable property of Concessioner.
Amendments
WHEREAS, on or about the 13`h day of August, -1987, City and Concessioner executed an
agreement whereby City leased to Concessioner all of the area in Mackenzie Park known as
Joyland Amusement Park for a term of ten (10) years and an additional term of five (5) years;
and
WHEREAS, both parties for good and valuable consideration now desire to modify the length
of the initial term of the above -described agreement to enable Concessioner to obtain financing
for improvements to the park facility., and
WHEREAS, both parties to this Amendment also desire to delete or eliminate those provisions
in the agreement requiring approval or consent of the Texas Parks and Wildlife Department
because such approval or consent is no longer required;
NOW THEREFORE: The agreement is amended in the following manner:
(1) Section l of the agreement is amended to read as follows:
2 of 3
5094, Resolution; Joyland Amusement Park 2-08.1996; Lease Amendment
a. That for and in consideration of the rental as hereinafter provided, the City of
Lubbock does hereby lease and let to Concessioner all the area in Mackenzie Park
known as Joyland Amusement Park, in the County of Lubbock, State of Texas,
and within the corporate limits of said City of Lubbock, for a term beginning the
1" day of October, 1987, and terminating on the 28!h day of February, 2006, and
said lease shall be automatically extended for an additional term of five (5) years
from the 1" day of March, 2006, to the 281b day of February, 2011, unless either
party to this agreement shall give written notice of termination to the other party
before the expiration of the initial term, and provided said lease in not terminated
earlier by mutual agreement, or as hereinafter provided.
b. That the phrase "subject to the approval of the Texas Parks and Wildlife
Department" contained in the first paragraph on page 1 of the agreement is hereby
delete from the agreement.
c. That the phrase "and the Texas Parks and Wildlife Department" contained in
Section 2 of the agreement is hereby deleted from the agreement.
d. That the phrase "and, when required, the consent of the Texas Parks and Wildlife
Department" contained in Section 10 of the agreement is hereby deleted from the
agreement.
e. That the agreement between the City and Concessioner to which this Amendment
is applicable shall be modified and amended only as expressly stated herein and
is hereby ratified and affirmed in all other respects.
3of3
5094, Resolution; Joyland Amusement Park 2-08-1996; Lease Amendment
Resolution No. 2006-ROSOS
October I3, 2006
Item No. 5.38
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Third Amendment to a Lease Agreement by
and between the City of Lubbock and Mackenzie Park Playground, Inc., d/b/a Joyland
Amusement Park of Lubbock, Texas for additional land for installation of a new roller
coaster ride, which Third Amendment and any associated documents, are attached hereto
and made a part of this Resolution for all intents and purposes.
Passed by the City Council this 13thday of bctober , 2006,
DAVID A. VMLER, W , R
ATTEST:
QJ4 oe '-V --✓ a
Rebecca Garza, City Secretary
APPROV D AS TO CONTENT:
R dy ru dell, Parks and Recreation Director
APPROVED AS TO FORM:
Vandiver, Attorney
DDnspoyfwWLe eAnvnd06Ra
Seplember 26.2006
Resolution No. 2006-R0505
October 13, 2006
Item No. 5.38
THIRD AMENDMENT
JOYLAND AMUSEMENT PARK
LEASE AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS THIRD AMENDMENT to the Joyland Lease Agreement of August 13,1987, is
entered into by the City of Lubbock (referred to herein as "City'), a home rule municipality of
Lubbock County, Texas, and Mackenzie Park Playground, Inc., We Joyland Amusement Park
(referred to herein as "Concessioner").
WITNESSETH:
WHEREAS, on or about August 13, 1987, City and Concessioner executed a Lease
Agreement whereby the City leased to Concessioner lands located in Makenzie Park for a term of
ten (10) years with an additional term of five (5) years; and
WHEREAS, both parties for good and valuable consideration on or about February 8,
1996, modified the initial term of said Lease Agreement in a First Amendment to enable
Concessioner to obtain financing for improvements to the park facility, and
WHEREAS, both parties for good and valuable consideration on or about February 27,
1997, further modified said Lease Agreement in a Second Amendment with regard to lease
payments; and
WHEREAS, both parties for good and valuable consideration desire to fuuther amend
said lease agreement with regard to its term, land leased and lease payments to enable
Concessioner to obtain financing for further improvements to the park facility;
NOW THEREFORE, for and in consideration of the mutual promises, covenants, terms
and conditions, both general and special, as hereinafter set forth, City Lease Agreement of
August 13,1987, as amended by First and Second Amendments is hereby further amended as
follows:
Section I
That for and in consideration of the rental as hereinafter provided, the City of Lubbock
does hereby lease and let to Concessioner all of the area within Mackenzie Park known as
Joyland Amusement Park and such additional lands in the County of Lubbock, State of Texas,
within the corporate limits of the City of Lubbock, as are further described by metes and bounds
on Attachment A hereto and as indicated on the map attached hereto as Exhibit B. Both of said
exhibits are incorporated herein and made a part hereof for all purposes. The term of this lease
shall be from the date of execution hereof by the parties through October 31, 2021, unless either
party to this agreement shall give written notice of termination to the other party before the
expiration of the initial term, and unless said agreement is not terminated earlier by mutual
agreement, or as hereinafter provided.
Section 9
The consideration for the execution and acceptance of this Lease Agreement is payable as
follows:
An annual payment of $38, 333 per year to be paid in four payments of $9,583.25 due
June 1, July 1, August 1 and September 1. The first payment will be due June 1, 2007.
Additional PoWsions
1. The City will remove such park playground equipment as may be reused from the area
of the Joyland expansion. Concessioner will be responsible for any additional demolition
required in the expansion area.
2. Concessioner will be responsible for construction of new parking lots needed for the
expansion. Such lots shall be located on land adjacent to the expansion owned by the City and
the City shall have joint use of such new parking lots.
3. Concessioner shall be responsible for any archeological and environmental testing and
reported required as part of the expansion.
4. That the Lease Agreement and the amendments thereto are modified and amended only
as expressly stated herein and all other provisions shall remain in full force and effect.
EXECUTED this 13th day of October 2006.
CITY OF LUBBOCK: CONCESSIONER:
BY:
DAVID MILLER, YOR
TITLE:
ATTEST:
Re ecca Gana, City Secretary
APPROVE AS O C NT-
Randy mesdell, arks and Recreation Director
APPROVED TO FORM;
n as fiver, A ora of Counsel
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Resoludon No. 2006-R0S0!
October 13, 2006
Item No. 5.38
ATTACHMENT A
A 2.24 ACRE TRACT OF
LAND IN MACKENZIE PARK,
CITY OF LUBBOCK, TEXAS
13EGINNING at a point which is the intersection of a fence on the approximate North Right -of•
Way line of U.S. Highway 62/82 and a fence which is the present Westerly boundary of an existing
amusement park, described in Attachment "B" of prior agreement.
THENCE Westerly, with the 4 foot chain link fence on the North R•O-W line of U.S. Highway
62/82 a distance of 408.2750 feet to a 16p nail in sold fence;
THENCE Northerly, with said fence a distance of 271.1993 feet at 87A37'30.8" to a 16p nail;
THENCE Easterly. a distance of 310.9166 feet at 92^24'52.6" to a 2 5/8" existing 6 foot corner
fence post at the South side ofa parking lot;
THENCE Southerly, following said 6 foot chain link fence on the west edge of said existing
amusement park and a distance of 284.5290 feet at 1071134'43.6" to the Point of beginning.
Prepared from sketch
October 9, 2006
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Client#: 5529
MACKEPAR
ACORD. CERTIFICATE OF LIABILITY INSURANCE °"filmD°"M
04/2912014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONS 11IU I E A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certllioato holder Is an ADOMORIL INSURED, the pollcyllos) must be Endorsed. If U ROGATION IS WREO, su )eci to
the terns and conditions of the policy, certain policies may raquire an endorsement. A statement on this certificate does not confer rights to the
certificate holder In ilou of such ondorsoment(s).
PRODUCIA
AwrT-
Hems b Wilkerson Insurance
Wax":
4300 Shawnee Mission Parkway
Fairway, KS $6205
;.._r._�
913432.4400
INSURE ArfoROwocoveRAOE NAIL/
WSURERA t ACE American Insurance Company
22667
N&URSD
Mackenzie Park Playground dbe
W811R&R 8 t
DISURER c t
Joyland Amusement Park
R!%M o `
PO Box 2262
INISWER E t
Lubbock, TX 79408
INWRER P t
nwan �ncn
---- ---- -- nr-VI*1V9e NUmtlCK:
THIS IS 70 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDAB FOR THE POUCYPERIOD
INDICATED NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TYPE OF INSURANCE ADt1CY NUYaER l7tei8
q GENERAL LueIUTY G23976936 0413012014 04/301201 EACH occuaasNce S1.000.000
X cOmmutCIALGENERALLIA"rry s100000
CLAIMS.MQE Ex -I OCCUR MSDEXP onePgraon &excluded
PERSONAL a ADV 10MV 31.000.000
AND
KnG�nWRCWIC Zr
LAGGREGATEUA/TAPPLIES PER
PRODUCTS•COWWAGO i
POLICY P LOC
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DMOOME LIA91 LttY
ANY AUTO
BODILY v1"Y Per pmm) &
ALL OWNED SCHMI.E0
SODLY NAIRV Marsaidem) i
AUTOS AUTOS
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EACH OCCURRENCE i
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DESCR1PnD1r OF GPaUTIONS f LOCATION! f VEHICLES (AUMb ACORD 101. Adt9ftiW Rernaft &ehedute, If 1ta1n ,pea Is MgWmd)
Additional Insured: City of Lubbock
City of Lubbock Parks SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WS.L BE DELIVERED IN
and Recreation ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 2000
Attn: Randy Truesdell AutHORURD REPRaaENTATIYE
Lubbock, TX 79457
v 1985.2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) 1 of 1 The ACORD name and logo are regle tamd marks of ACORD
#S1817961M181795 coeae
POLICY NUMBER: G230?8836
COMMERCIAL GENERAL UABIUTY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
1. The organization that manages the event.
2. The political sub -division who grants you permission to operate at the event.
3. The owner of the premises on which the event is being held.
4. The landlord or lessor of the premises on which the event is being held.
S. The Promoter(s) of the event.
6. The Sponsor(s) of the event.
7. The organization for whom you are performing operations at the event.
I Information required to complete this Schedule, if not shown above, will be shown In the -Declarations.
Sectlon II — Who is An Insured is amended to in-
clude as an additional Insured the person(s) or orgeni-
zalion(s) shown in the Schedule, but only with respect
to liability for "bodily injury", "property damage" or
"personal and advertl51ng Injury" caused, in whole or
in part, by your acts or omissions or the acts or omis-
sions of those acting on your behatf:
A. In the performance of your ongoing operations; or
B. in connection with your premises owned by or
rented to you.
LO-1 V08 (03/07)
CO 20 28 07 04 0 ISO Properties. Inc., 2004 Page 1 of 1 O
Contract #: Change Order At: Requisition #: ITB# / RFP# / RFQ# iv Apphoebte):
CONTRACT COVER SHEET
See Step -by -Step Contracting Process on CLIC for Instructions
(Type or Print all lajormation tpith the exception of Signatures and Signature Dates)
ronvard the complete contract package to Contract Management, Municipal Building Suite 204, for review, approval and contract
execution. The complete package includes one (1) copy or the completed ConIGM Cover Sheet (for internal City use only); minimum of
three (3) originals of the contract or amendment; and minimum of three (3) originals of all other eenifications and contract addenda.
Attached Contract must be "Approved as to Content" by Director ttnd "Approved as to Form" by legal. The Ibtlowing sisnatures arc
required in process- Contract Cover Shum. IMPORTANT: I ach persoo %ho signs the Cuntroct Cuvcr Shect must Lawftdl) w%ic% the
attuchetl con(mut docutncut bvNrc signing the gontract cover sheet
Risk Manager: Ins Cart Reqd: Date:
Dir of Fiscal Policy Date:
Asst City Manager/Chief. Date:
Originating Dept and Individual Responsible for Ensuring Contract Terms and Contract Compliance:
Department:
Phone Number:
Parks and Recreation
806.775 2671
Name: Randy Truesdell
Titte: Community Services Director
Information for Vendor/Contractor/Agency or Other Entity City of Lubbock is Contracting With:
Name of Entity:
Joyland Amusement Park
Address:
Mackenzie Park
City:
Lubbock State: TX Zip: 79404
Contact Name:
David Dean
Contract Signatory:
David Dean
Title: Operator
Phone #:
806.763.2719 Fax M
E-mail:
Contract Information:
Brief Description of Goods or Services or arrangements covered by the terms of the contract
Joyland Amusement Park Lease Agreement, Second Amendment - concessioner shall pay City a monthly rental based on
gross receipts according to scale in agreement - Section 9
Effective pate: ® Upon Execution by Authorized Signalories OR Other (Specify Date): 212711997
End Date: Notice To Proceed + (Specify # of Days) OR Other (Specify Date): 2J28/2011
Financial I n fa rm atin n
Cost Center. Account 0: Amount: Not To Exceed: $Based on
Other monthly rental
based on gross
receipts from
amusment rides
according to scale
In contract
Conuaeteovershcel Jac (Rev 06/09/05)
Contract #: Change Order #: Requisition #: ITB# / RFP# I RFQ# prnpp ftvay
VA Contract Yes, see amount below
Generate 11 so, amount $Based on
Revenue: monthly rental based on
gross receipts from
amusment fides according
to scale to oontract
Reviewed by Purchasing/Contract Manager.
Project Number (d applicable):
Will Contract Be Paid From Grant Funds: No
Notes
Date
ContraclCoverSheel doc (Rev 0610910S)
Contract Form and Signatory
Contract: General Agreement Signatory: Mayor
Contract Checklist (Not applicable to Change Orders or Aureadnrents)
1. Is this individual ar owner of this business an officer or employee of the City of Lubbodt? No
(Note: It Yes, City policy may not allow us to write a contract for (his IndivlduaVvendor.j It unsure, check with Legal,
2. Are all documents in order and submitted at least 5 business days prior to the start date for services for standard contracts or at least 20
business days prior to start date for services If using a non-standard contract? Contract will begin "Date of Full Execution"
(Note: It No, and not associated with a budding repair, complete a "Justification for untimely Contract Submittal' form.)
3. Does the contract, Licensing Agreement, insurance or other document requiring signature originate from the vendor? Yes • SEE NOTE
(Note: if Yes, must be reviewed by Legal. Forward to Purchasing Department.)
4. Does the contract Involve work by the contractor on City owned property? No
(Note: if Yes, contact Risk Management at (80(5) 775-2277.)
5. Does the contract Involve the purchase of hardware, software, firmware or computer component acquisition? No
(Note: It Yes, A Purchase Requisition from information Technology is required. Contact IT at (806) 775.2374 )
6. Does the contract Involve a a rchase valued at $2,500 or more? No
(Note: if Yes, A Purchase Requisition is (equired. For assistance, contact your Buyer in the Purchasing Department.)
7. Does the contract involve a purchase valued at $26,000 or more? No
(Note: If Yes, Formal Competitive Sealed Bidding is required. For assistance, contact your Buyer in the Purchasing Department.)
8. Does the contract involve Consulting Services valued at $25,000 or more? No
(Note: If Yes, requires Request for Qualifications. Contact Purchasing Manager (806) 775-2165.)
9. Does the contract involve purchase of construction valued at $25,000 or more? No
(Note: If Yes, Requires Payment Bond.)
10. Does the contract involve purchasie of construction valued at $100,000 or more? No
(Note: If Yes, contract requires Performance Bond)
11. Does the contract include language for Insurance Requirements? No
(Note: if Yes, contact Risk Management at (806) 775.2277.)
12. It slate funded, does the contract require language for Child Support certification? Not Applicable
(Note: i( Yes, attach Child Support Certification, form OCA-S-99.25 for slate funded acquisition.]
13. It federal or slate funded, does the contract Include all clauses required by federal or state statutes and executive orders and thetr
Implementing regulations? Not Applicable
14. If the purchase/transaction involves the purchase, lease, acceptance as a Oft, etc of real estate, has an environmental she assessment
(ESA) been performed on the property? Not Applicable
(Note: It No, contact Environmental Compliance at x2880 or x2119.1
Contract Award by City Council (enter applicable injorniation)
Council Dale: 2127/1997 Council Agenda Item d: 16 Resolution #: 5428
Ito complete package includes one (1) copy of the compleked Contract Cover Sheet (for internal City use only); minimum of three (3)
^riginals of the contract or amendment; and minimum of three (3) originals oral) other certifications and contract addenda. Forward the
amplote contract package to Contract Management, Municipal Building Suite 204,for review, approval and contract execution.
ComraaCoverShcci,Uoc (Rev 06107io$)
Contract Summary
Contract Title: 5428, Resolution; Joyland Amusement Park 2-27-1997; Lease Amendment
Project/Purpose: Amending the agreement leasing all the area in Mackenzie State Park known as
Joyland Amusement Park to Mackenzie Park Playground, Inc.
Execution Date: February 27, 1997
End Date: Extended to 2Wh day of February, 2006, and said lease shall be automatically
extended for an additional term of five (5) years from the t" day of March, 2006, to the 281b day
of February, 2011, unless Tither party to this agreement shall give written notice of termination
to the other party before the expiration of the initial term, and provided said lease in not
terminated earlier by mutual agreement, or as hereinafter provided.
Contract Amount: Concessioner shall pay to the City a monthly rental based on gross receipts
from amusement rides according to the following scale:
OTHER
RIDES RECEIPTS
$1 to $250,000 5.0% 2.0%
$250.001 to $275,000 5.5% 2.5%
$275,001 to $300,000 6.0% 3.0%
$300,001 to $325,000 0.5% 3.5%
$325,001 to $360,000 7.0% 4.0%
$350,001 to $375,000 7.5% 4.5%
$375.001 to $400,000 8.0% 5.0%
$400,001 to $425,000 8.6% 5.5%
$425.001 to $450,000 9.0% 6.0%
$450.001 to $475,000 9.51% 6.6%
$476,001 to $500.000 10.0% 7.0%
More than $600,001 10.0% 7.0%
It is understood and agreed by and between the parties that "gross take on all rides" shall be
construed to mean all sums of money coming into the hands of the Concessioner as a result of
the operations of Joyland Amusement Park after the "deduction of all amusement taxes".
Payment Timing/Procedure: Concessioner shall pay on the 10'h day of the following month to
the City a monthly rental based on gross receipts from amusement rides and food concessions as
listed above.
Contractor: Mackenzie Park Playground, Inc. d/b/a Joyland Amusement Park
Point of Contact & Tel #: Dean, "� j-3 - Z j j�
Contract Administrator: Corbin Pemberton, (806) 775-2689
Mandatory Reports/ Meetings:
(1) The City also agrees to provide water to Concessioner.
100),
5428, Resolution; Joyland Amusement Park 2-27-1997; Lease Amendment
(3) The City and its duly authorized agents and representatives are hereby authorized by
Concessioner to at all times and seasons enter Joyland Amusement Park and all
buildings and equipment on the leased premises for the purpose of inspecting the
entire area for all lawful purposes.
(4) Concessioner agrees to notify and request approval in writing from the City's
Director of Parks and Recreation for any and all changes, additions or alterations in
the design and placement of facilities in Joyland Amusement Park.
(5) Concessioner shall maintain the following:
a. Consecutively numbered ticket system,
b. Detailed report of gross income from all sources to be furnished to City, and
c. Complete, detailed and accurate financial bookkeeping records which shall be
provided subject to audit.
Performance Standards:
(1) Concessioner further agrees, binds and obligates itself to keep said Joyland
Amusement Park in a clean and sanitary condition, and to maintain all plants, trees,
grasses, buildings and improvements in such state of repair as the same are in at the
commencement of the lease, reasonable use and wearing thereof excepted, and plants,
trees, grasses, buildings and improvements placed in said Joyland Amusement Park
during the term of this agreement shall be maintained in such a state of repair as the
same are in at the time of their installation or construction, reasonable use and
wearing thereof excepted.
Deliverables: NA
Insurance: Concessioner shall maintain at all times during the term of this agreement, at
Concessioner's sole expense, insurance with an insurance underwriter acceptable to the City and
authorized to do business in the State of Texas, as follows: Comprehensive General Liability
Insurance ($1,000,000.00), Fire and Extended coverage, Boiler Insurance, and Workers'
Compensation Insurance. City reserves the right to require Concessioner to secure additional
amounts of insurance from time to time. Certificates of insurance or other satisfactory evidence
of insurance shall be filed with the City Secretary prior to entry upon the leased premises by the
Concessioner; each policy shall name the City as additional insured.
General: Concessioner agrees to make capital improvements on Joyland Amusement Park
commensurate with the growth in gross revenues generated by said Joyland Amusement Park
and which, in this Concessioner's opinion, will enhance the value, patrons' use and revenue of
Joyland Amusement Park, and any permanent improvements such as buildings, etc. so erected by
Concessioner on the leased premises shall become the property of the City at the expiration of
this lease agreement; provided, however, that all temporary improvements such as rides, etc.
shall remain the personal and removable property of Concessioner.
AS, or a ut�lre 13'h day of August, 9987, Ci and Con sioner executed an
a t wh ity leas to o inner o area in Mack Park known as
Joy d Amuseme Park fora erm of ten 0) and an additional term o ve (5) years;
and
2 of*
5428, Resolution; Joyland Amusement Park 2-27-1997; Lease Amendment
LANDLORD'S CONSENT TO ASSIGNMENT
Principe Loan Date I Maturity I Loan o cap f cop Account ofirceir i n t life
01-22-2018 11-30.2027 1 8256684 gC
References In the boxes above am for Londate use on�r�ald do not (bull the applreahllty of Nts document to any periteuisr tom at irem.
An kem above center • has been ombkd due to test length limitations
9Orr0Wdr: Mackenxb Park Playground Inc. dba Joyland Lender: PROSPERITY BANK
Amusement Park Avenue O Banking Center
P. O. Box 2282 1401 Avenue 0
Lubbodt,TX 70408 Lubbock TX 7940t-3/19
THIS LANDLORD'S CONSENT TO ASSIGNMENT Is entered Into wrong Mackenzie Park Playground, Inc. dba Joylend Amusement Path
("Borrow$1"), whose address Is P. 0. Box 2282, Lubbock, TX 70408: PROSPERITY BANK ("lender•}, whose address Is Avenue O Banking
Center, 1401 Avenue 0. Lubbock, TX 79401.3119; and City of Lubbock II.Andtord"l, whose address Is 1626 13th Street, Lubbock, TX
70401. Borrower end Lander have entered Into, or am about to enter into, an agreement whereby Lander has acquired a wul eagtire a security
Interest er other nteremt In Ns Cottaterel biome or an alone Collateral may beaffixed Of othenvhe bsoane rotated on the Prantises, To Induce
Larder to extend the Lam to Borrower against such security Inle(aai In the Collateral and for other valuable consideration, tandlond hereby
agrees with Lerift and Borrower as fCgow*
COLLATERAL DESCRIPTION. The word 'CoustaraT means certain of Borrower's personot property In which Lander has aequlied or will acquire
a security Interest, Including without amaation the following specific property:
2017 Cslvora World 8.111.0, EKInatrn Amusement. t. Lido Serial NE0171002, w atlMr now owned or Imaerter accaireA togotfw with ail
Inman% path, Otore% ataoon riea SPOM tools and 000 mwcm now or faroaRar attached thereto or uead in 0"isco m 0marew^ and
any arid all mPlamrzinls Of all or cry part Ommreof arid any and 20 pod ucla and prceeatb of any of the foregoing Induifing litkftvu-
Asalgmuant of that certain Lease ag10ert0 exeeuod At" 13. 1987 and entered Into by asrd between pw C1ly of Lubbock, Tares
oeallL h its officers and Neclavle Park RWIFUSA Inc, ma Joyland Arfnaemerd tank together with an a-rt„ane, or, adanaI r , or,
antiScallare of and atubatltuderse for Bra Ueses agrrsrent a baccitex y aamomried
All Invertcvy. Accounts. Egdpon* ltlaclinMy, (Odra. General bmtumdbles and 7irmans
8ORROMN8 ASSIGNMENT OF L2r M Bonawar hereby Sullins to Larder an of Borrowers rights in the Lease, as partial security for the
Lean The PWU" inland that this aulgrunerd will be a pre"M transfer to lender of as of Borrowers rights under the Lease, subject to
8orfaarees riots to use the Promises and enjoy the benefits of the Lease while not In default on The Lawn or tease. Upon full performance by
Borrower under the Loan. Ibis assignment *het be ended, without the necessity of any further action by any of the parties This suignnent
nd e
Includes ON renewals of er meats to the Lease or the loan, until Inc loan Is paid In fun. No amendments nay be made to the Lease
Without Landlf$ pilot written consent, which shay not be urnesonabtywithheld or delayed.
CONSENT OF LANDLORD. Landlord consents to Use above assignment. If Borrower defaults under the Leon or the Lane, Larder may reassign
the Low. and Landlord agrees that Landlord's consent to any such reassignment will not be unreasonably withheld or delayed So long as
Lender has not entered the Promises for the purpose of opareUng a business. Lender will hove, no Validity undo the Lease, nickeling without
Ilmitetlon tsblxty for tent Whether or not Lander enters into possession of [be Premium for any purpose, Borrower will remain fully Osbte fared
obligations of Borravrer as louse undo the Lease. While Lender Is In possession of the fhemises. Lander will cause au payments due under the
Lam and attributable to that period of time to be made to Landlord If Lender later reassk3rrs the Is. or vacates the Promises. lender will
have no further obligation to Landlord.
LEASE DEFAULTS. Both Borrower and Landlord agree and represent to Lendsf that, to the best of their knowledge, there Is no broach at offset
exalting under the Lassa or under any other agreement between Borrower and Landlord Landlord agrees not to terminate the Lease, despite
wry defaul by Bofrower, without giving Lender wthlen notice of the default and an opportunity to see the default within a period of sixty (60)
days (rem the receipt of the notice. N the dofauit Is one that cannot reasonably be cured by Lander (such as Insolvency, bankruptcy, or other
imndldat poOeemnga sgtaret Bomowei), than Lardlard wig not lemunale the Lease so long as Landlord receives at sums due under the Lease for
��� durhg y to clwf�h Lender is in possession of the Plamtses, or so long es Lender reassigns the lees to a new Issue reasonably
MISCELLANEOUS PROVISIONS. The following no Venous provaions ue a pen of Ohm Agreement: This Agreement shot extend to and bind
the tespactiva balm, personal representatives suceassots and assigns of the parties to this Agreement. The covenants of Borrower and
Landlord rospadmg subordination of the dim or claims of Landlord in favor of Leader shag extend to. Include, and be enforceable by any
transfsms of endoalee to whom Lender may transfer any claim or claims to which this Agreement shag Apply. Lander need not accept Nis
Agreement lit writing cr oSeerwi$e to Mena R effective This Agreement shag be governed by and construed In accordance with the laws of the
Slate of Texas. If landlord is other than an Individual, any agent or other person execuning this Agreement on behain of Landlord represents and
waflallls to lender that he or she has full power and aulhoNty to executs this Agreement on Landlord's behalf. Undo shah not be deemed to
have waived any rights under this Agreement unless such waiver is In writing and signed by Lander. Without notice to Landlord and without
affecting the validity of this Consent, Lander may do or not do anything it deems appropriate or necessary with (aspect to The Loan, arty obligors
an the Loan, or any Collateral for the Loan. nWding without IIndlsbon extending. renewing, rearranging, or aoealeainng any of the Loan
indebtedness.
AMENDMENTS. This Agreement together with any Rotated Documents, constitutes lho entire understanding and agreement of this parties as
to the matters sal forth In this Agreement No alteration of or amendment to this Agreement *had be effective unless given In writing and
54MW by the Party or pall" sought to be charged or bound by the allostion or amendment.
NO WAIVER BY LENDER Lender shall not be deemed to have waived any tights under [his Agreement unless such waiver is given In writing
and signed by Lender. No delay or omission on the part of Lander In exerasmg any tight shag operate as a waiver of such right or any other
right A waiver by Lender of a provision of fhb Agreement shad not prejudice or constitute a waiver of Lenders right otherwise to demand
ants compliance with that provision or any other provision of this Agreement NO prior waiver by Larder, nor any course of dealing between
Lender and Landlord, shag constitute a waiver of any of Lenders tights or of any of Landlards ob0galions as to any future transactions
Whenever the conssnl of Lender Is required under Ihn Agreement, the granting at such consent by Lander in any Instance $had not constitute
eanllnuing consent to subsequent Instaness where such consent is required and In su Cases such consent may be granted or withheld in the sole
discretion of Lender
SEVERABMM. If a tout of competent jJurrtWidlan Inds any provision of this Agreement to be Illegal, Irwagd. or iswifarcesibte as to any
dmumstante. that Wrtg shell not matte Um offer i t; provision filagal, invalid, or laentarombre as to any ollier chcune1, r a. It feasible. the
ofterwnng provision chat be ramido modified so that It Ilrscarres legal, vend end erdorceable. If the oflerf6np provision asmot be so
modUled, It WWI be considered dialed from this Agreomssnt. 11Hma othe wlas required by law, the Illegality, bwalOny, or unardormadlny of
any pr*Aslon of this Agreerrerlt mart not aHea sea talli ty, validity or entaceobllily of any Other pnwision of Ihis agreement.
DEFINITIONS. The fallowing capnadzed words and terms shall have the fotbwlAg meanings when used in this Agreement. Unless spacigeasy
stated to the contrary, all IsferewAs to dollar amounts shag masn smounis in lawful money of the United States at America. Words and terms
used In the singular shag include the plural, and Ohs plural *hall Include the singular. *a the context may require. Words and terms not otherwise
defined In this Agreement shall have The meanings alltibulad to such terms In the Uniform Commercial Code:
Agreement The ward 'Agreement' means this Landlord's Consent to Assignme il, lie this Landlord's Consent to Assignment may be
amended or modified from time to time, together with all exhibits and sehadutas attached to Its Landlord's Consent to Assignment from
Urns to time
Borrower. The word 'Borrower' means Mackenzie Park Playgoound, Inc dba Joyland Amusement Park and intrudes all Co-algnos and
co•makers signing the Note and 80 their successors and assigns
Cogaterat The word'Conalerar means ail of Borrowers light line and Interest In and Is all the Collateral as described in the Cotaletal
Description section of this Agreement
Landlord. The word 'Landlord" means City of Lubbock, and is used for convenience purposes only Landord't Interest in the Premises
may be that of a too owner, lessor, sublessor or lienhotder, or that of any other holder of an Interest In the Pternius which may be, or may
become, pilot to the Interest of Lander
Lease, The ward lease" means that certain lease of the P(ammses, dated August 13 1987. between Landlord and Borrower
Lander. The word 'Lender' means PROSPERITY BANK. its successors and asagns.
LANDLORD'S CONSENT TO ASSIGNMENT
Loan No: $265684 (Continued) Page 2
Loam The word 'Loan' means any and so loans and nnandat accommodations from Leader to Borrower whether now or hereafter
axbimkg and however evidenced
NOW. The word *Nola* means the Nolo dated January 22 2018 and examded by Madrerule Park Playground, Inc dba Joytond
Amusement Park In the principal amount of 5380 000 00 together wtlh 90 renewals Of. oxlensions of, modlnoalfons of. taltnandngs of
consoltdalbns of and subet8uWns for the note or credd agreement.
Prombes. The word 'Pmmises' moons the reel property located M Lubbock County Slate of Texas. Commo* known as 500 Canyon
lake Drhra Lubbock TX T9105
Retatod Documents. The words 'Related Documents mean at promissory notes credit agreemanls, ban agreements, saWonmonlal
agratknenis guaakdkes security agreements, mortgages deeds of trust. securdy deeds, 9014krsl mortgages, and a0 other Instrume its
egresmems and documents whether now or hefeaRer exrotinp swetuted In Connection with the Loan
BORROWER AND LANDLORD ACKNOWLEDGE HAVING READ ALL THE PROVISIONS OF THIS LANDLORD'S CONSENT TO ASSIGNMENT
AND BORROWER AND LANDLORD AGREE TO ITS TERMS THIS AGREEMENT IS DATED JANUARY 22 2018
BORROWER:
MACKENZIE PARK PLAYOROUNO, INC. ODA JOYLAND
AMUSEMENT PARK
ey:
A S t o ae orrx a
Park Ptsypround, hit. dba Joytand Amutemant
Pink
By:
1(A—�E D arep ry e e He
—
Park Playground, Inc, dba Jotlsnd Amustment
Park TT
LANDLORD: LENDER.
CITY PROSPERITY BARK
By., � not r WOR0eTi X
Y OF Ltf86
m� a Cuika, SeMor Yfce resident
By:
Au dud 11gast for City of Lubbock
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