HomeMy WebLinkAboutResolution - 2021-R0504 - Amendment No. 6 Lease Agreement with Joyland Amusement ParkResolution No. 2021-R0504
Item No. 6.27
December 14, 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. 6 to the Joyland Lease Agreement
extending the term until February 28, 2022, 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
ATTEST:
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Re ecca Garza, City Sec eta
APPROVED AS TO CONTENT:
December 14, 2021
STEVE M E AL OR PRO TEM
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Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
Ryan B oke, ssistant City Attorney
RES.Amendment No. 6, Joyland Lease Agreement
12.1.21
Resolution No. 2021-RO504
AMENDMENT NO.6
TO AGREEMENT BETWEEN THE CITY OF LUBBOCK
AND
MACKENZIE PARK PLAYGROUND, INC.,
D/B/A JOYLAND AMUSEMENT PARK
THIS SIXTH 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 on or about October 26,
2021, further modified said Lease Agreement in a Fifth Amendment with regard to the term of
the lease, thereby creating a termination date of December 31, 2021; 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 December 31, 2021 in Section 1 and replacing the termination date with
February 28, 2022 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 this ian, day of
December 2021.
CITY OF LUBBOCK: MACKENZIE PARK PLAYGROUND, INC.,
D/B/A JOYLAND AMUSEMENT PARK
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STEVE NGAL , AYOR PRO TEM DAVID DEAN, PRESIDENT
ATTEST:
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cca Garza, City Ca
APPROVED AS TO CONTENT:
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Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
qllooke, Assistant City Attorney
Parks & Rec.Joyland Amendment No. 6
12.1.2t