HomeMy WebLinkAboutResolution - 2022-R0097 - Amendment No. 7 to Joyland Lease Agreement Extension to April 15, 2022Resolution No. 2022-R0097
Item No. 7.21
February 22, 2022
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. 7 to the Joyland Lease Agreement
extending the term until April 15, 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 February 22, 2022
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secret
APPROVED AS TO CONTENT:
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
Ryan B oke, Assistant City Attorney
RES.Amendment No. 7, Joyland Lease Agreement
2.15.22
Resolution No. 2022-R0097
AMENDMENT NO.7
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 on or about December 14,
2021, further modified said Lease Agreement in a Sixth Amendment with regard to the term of
the lease, thereby creating a termination date of February 28, 2022; 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 February 28, 2022 in Section 1 and replacing the termination date with April
15, 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 22ndday of
February 2022.
CITY OF LUBBOCK:
tl--
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secrc
APPROVED AS TO CONTENT:
W�
Brooke Witcher, Assistant City Manager
APPROVED AS TO FO
Assistant City Attorney
Parks & Rec.Joyland Amendment No.
2.15.22
MACKENZIE PARK PLAYGROUND, INC.,
D/B/A JOYLAND AMUSEMENT PARK
DAVID D AN, PRESID NT
_ - S:6T-+.u:A'?+'.t,..r.•.ii-,.R'_._wr.;-s.`'?"'snFS
Resolution No. 2021-RO504
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 December 14, 2021
- - --- 4:::iw - C 10- --- ---
STEVE M A OR PRO TEM
ATTEST:
,# d1j'? -L' -�c
Re ecca Garza, city-Sec"
itySec t
APPROVED AS TO CONTENT:
W
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
Ry B ore, Assistant City Attorney
RES.Amendment No. 6, Joyland Lease Agreement
12.1.21
Resolution No. 2021-R0504
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.
1,�x: � . � �.. - �'S �'tt� � s r:a'i _ �=� .pi.' i� •::s - L�.'rof � .i} . •2;2`. i:� ' .� �rC � � .� _ � r` •:�'v y:x. �r �.•�
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_ lain• day of
December 2021.
CITY OF LUBBOCK:
STEVE NGA AYOR PRO TEM
ATTEST:
1�ar Garza, City cc to
APPROVED AS TO CONTENT:
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
Ryan oke, Assistant City Attorney
Parks & Rec.Joyland Amendment No. 6
12.1.21
MACKENZIE PARK PLAYGROUND, INC.,
D/B/A JOYLAND AMUSEMENT PARK
ea
DAVID DEAN, PRESIDENT
Resolution 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 October 26, 2021
a)��
DANIEL M. POPE, MAYOR
Garza, City Secretary
APPROVED AS TO CONTENT:
WC
Witcher, Assistant City Manager
APPROVED AS TO FORM:
R an B oke, AssisTint City Attorney
RES.Amendment No. 5, Joyland Lease Agreement
10.15.21
Resolution No. 2021-R0435
AMENDMENT NO.5
TO AGREEMENT BETWEEN THE CITY OF LUBBOCK
AND
MACKENZIE PARK PLAYGROUND, INC.,
DB/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:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
W`
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
0(71-s,
R ooke, Wifistant 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 AGRUMNT BETWEEN TOR CITY OF LUBBOCK
AND
MACKENZtE PARK PLAYGROUND, INC.,
D/B/A JOYLAND AMUSEMENT PARK
(PURSUANT To FIEMA REGULATIONS)
THIS IS AN AMENDMENT TO THE LEASE AGREF.NIENT dated and entered into the
11In of Ma. y by and between the City of Lubbock (`'City') and Mackende Park
Playground, Inc., d/b/a yoyiand Amusement Park ("Joyland") Addreae, 500 Canyon Talcs Drive,
Lubbock, TX 79401.
WHEREAS, the City and Joyland entered into a Lease Agreement ("Agreement") on
August 13, 1M, a copy of such Agraanaent, and all amendments thereto, is attached hereto as
"Exhibit 1" and is incorporated in this Amendment as if fully set forth hereLt; and
WHEREAS, on March 13, 2020, pursuant to Section 418.014 of the Texas Govemment
Code, the Governor declared a state 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 SeWon 418.108 of the Taxes 0ovemment
Code, continuing the local state of disaster, and suspending cousin 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 hereby
desire to amend said Agreement
NOW THEREFORE, the City and JoylaW hereby agree to amend the Agreement as
follows:
This Amendment NoA reduces the lease payment according to Section 9 of the original Agreement.
Pursuant to this amendment, the four payments due for the year 2020 shalt be as follows:
Payment due June 1, 2020. $0.00
Payment due September 1, 2020: $9,583.25
Payment due October 1, 2020: ",583.2S
Payment due November 1, 2020: S9,583.25
This Aumdrucat shall become effective as of MU 11, 2M and shall remain in ei%et until
December 31. 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 $38,333 per year to be paid in four payments of $9,583.25 due June 1, July
1, August 1, and September I. The first payrnew will be duo June 1, 2021 "
All other portions of the original Agreement and previous Amendments shall remain is place and
are not adhered by this amendment.
SUPPLEMENTAL FEDZRAL RlIQUIRBMRNTS: This agreeu►ent nay raaeive federal did through
the Federal Evmpney Mansgenann Agenoy *WAA) and additional contract provisions of are set tbrth in
2 CY.R §200.326 and included heroin. Continuation of this project is contingent upon availability
ofFederal Funding.
1N WITNESS HEREOF, the parties have executed this Amendment as of this —Jft&y of
May 2020.
F LUBBOCK:
AAn,--�
sure Director of Purchasing
and Contract Management
APPROVED AS TO IlCONTENT:
ft Mil VVIU4
Brooke Witcher, Assistant City Manager
APPROVED AS TO F
ok t City Attorney
C'7MA
MACKMUM PARK PLAYGROUND, INC.,
13/81A JOYLAND AMUSEMEW PARK
SUPPLRMBNTAL FBDZRAL PROVISIONS AND ASSURANCES (FBMA)
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 am 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 empbyee or
applicant for employment because such =Vloyee or applicant has inquired about, discussed, or
disclosed the eompeosation of the employee or applicant or another employee or applicant. This
provision shall aot apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employeels essential Job f odons
discloses the compensation of such other employees or applicants to individuals who do tat
otherwise love access to such inibrmation, unless such disclosure is in response to a formal
complaint or chap, p, in fialberance of as investigation, prooeeding, heating, or action, including
an investigation conducted by the employer, or is consistent with the oontraetofs legal duty to
fl mM information.
4) The contractor will send to each labor union or representative of workers with which be bas
a collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the conumofs 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, crud of the rules, regulations, and relevant orders of the Secretary of Labor.
6) The contractor will fumish all information and reports required by Executive Order 11246
of 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 eontraetoi+s noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, roplations. or orders, this contract may be canceled,
terminated. or suspended in whole or in part and the contractor may be declared ineligible for
Author Govemuent 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 Oleo provisions of paragraphs (1) through (8) in every subcontract or pu chose order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pwouent 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 tabu each action with respect to any subcontract
or purchase order as the administering agency may direct as a means of enforcing amb provisions,
inchuding 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 reads of such
direction by the administering agency, tho oaatrmW may request the United States to enter into
such litigation to protect the interests of the United States. The applicant tucker agrees that it will
be bound by the above equal opportunity clause with respect to its awn employment practices
when it participates in federally assisted eonetruetion work: Provided, that if the applicant so
participating is a State or local government, the above equal opportunity ohm is not applicable
to any agmy, iostruateotelity or subdivision of such gove ament which does not participate in
work on or under the contract. The applicant agrees that it will assist and cooperate actively with
the administafng 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 Seaway of Labor, that it will fbmish the administering agency and the Secretary of Labor
such inbmution as they may require for the supervision of such oompliance. and that it will
otherwise assist the administering agency in the dischmv of the agency& primary reepmolbility
far sovm tg coniplionce. The applicant finther agrees that it will n9ain from entering into any
contract or contract modification subject to Executive Order 11246 of Septembor 24.1965, with a
contractor debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contraete pursuant to the Executive, Order and will carry out such
eanctions and penalties for violation of the equal opportunity clause as troy be imposed upon
contractors and erbcontractors by the administering ageuay or the Secretary of Labor pursuant to
Part II, Subpart D ofthe Executive Order. In addition, the applicant agrees that if it fails or refines
to comply with those undertakings, rite administering agsaoy may take any or all of the Wowing
actions: Carmel, terminate, or augmmd in whole or in part this great (conl ac k ban. iasaranee, Page
10 of 25 www.fam.gov/ptowmnm-dimater-udMmwv-team To Table of Contents U. S.
Dapartmont of Homeland Security Haadquarters 500 C St SW Washington, D.C. 20042
guarantee); refrain fom extending any Awther assistance to Oita applicant under the program with
respect to which the Whrre or rebind ocemred until aatislitctory aestusnee of ht mo crompliance
has been received from such applicant; and rota the case to the Dcpwtmed of Justice Ubr
appropriate legal proewhige.
Rob anew Act_and C phaadd ,pH-KEckbask Act. During the peribrmance of this
contract, the contractor agrees as follows:
Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. d 3145, and the
requirements of 29 C.F.IL pt. 3 as may be applicable, which at 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. § S.12
During the performance of this
contract, the contractor agrees as follows:
Qv 'me a_,,re�n;,nts. 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-belflimes
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
Vlolrgina; jialb li v for d waaea: liquidated datnages- 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 rasa 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 stun of $10 for each calendar day on which such individual
was requited 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.
Withholdlegfor unpaid waes and flaul at 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.
$„ The contractor or subcontractor shall insert in any subcontracts the clauses set
fortis in paragraph (1) through (4) of this section and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the clauses,
set forth in paragraphs (1) through (4) of this section."
Clean Air Act and the Federal Water p9jIVdia QWrol Ace. During the performance of this
contract, the contractor agrees as follows:
The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C.$ 7401 et seq.
The contractor agrces to report each violation to the State of Texas 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.
Ft nd WAta otturion Control Ad: During dea performance of this contrast, rho eonftwtor agnxa as
follows:
The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Ate, as amended. 33 U.S.C. 1251 et seq.
7be contractor agrees to report each violation to the (name of the state agency or local or Indian
tnW 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 oontraetor 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 performance of this contM04 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. 3 180."5), 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. ISO, 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 edification is a material representation of fact relied upon by the City of San Maroon. If
it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, 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 auspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of2C.F.R. pt. 180, 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 Iowan tier covered transactions."
RXW nti.IabhM Amendmol 31 U.S-C- j 1352 (as amen a dl 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 t+equired
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 farads that takes place in connexion with obtaining any Federal
award. Such disclosures arc forwarded ftom tier to tier up to the recipient."
ProoMent of Recovered Materialit. 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-
i. Competitively within a timeframe providing for compliance with the contract
performance schedule;
iL Meeting contract performance requirements; or
iii. At a reasonable price.
2) Information about this noquirement is available at EPA's Comprehensive Procurement
Guidelines website, bUR^ w=-epa-gnv/". The list of EPA -designate items is
available at ht"www.elgl,ggyalgroducts .h m "
Additinnal PRMA Ron wire meal a. During the performance of this eomMCt, the contractor
agrees as follows:
The contractor agrees to provide City of Lubbock, State of Texas. the FBMA 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, examinationm excepts, and transcriptions.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy exempts and transcriptions as reasonably needed.
The eontrador agrees to provide the FEMA Administrator or his authorized representatives
access to oonstuction or other work sites pertaining to the work being completed under the
contract."
DHc Seat LRS4.
"The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pro- approval."
t���jd._._y. with_Federat Lw. RcaWstinns. a_+ed Yecutiye �rdr�c
'"this is an acknowledgement that FEMA financial assistance will be used to fiord the contract
only. The contractor will comply will all applicable Word 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."
pmQram Fraud and Raise at FraudWent Statements of, jielatad 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"
"P NDLX_ A."QF.R_ PART IS- CBRTIFIGATION�R�(3�RDIN1
(natal be included with Bid)
The undersigned Contractor certifies, to the bast of his or her knowledge that:
No Federal appropriated fiutds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to int]tsence 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 fltnds other than Federal appropriated fiutds 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.
TU wtdersigaed shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shell certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was nude 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 leas than 510,000 and not more than S100,000 for each such fZailum
The Contractor , certifies or
affirms the truthibluess 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. 13801 er seq.,epply to
thljertificationor disclosure, if any.
Si turc oMontracMr's Authorized Official
Name and Title of Contractor's Aufliorized Official
.41
Date
Resolution No. 2018-R0069
Item No. 6.15
February 8, 2018
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 I"
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 consents
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
ATTEST:
rM1
N
February 8, 2018
L,JV
DANIEL M. POPE, M AYOR
�t
iAPPROVED AS TO CONTENT:
E —W:JarA Atkinson, City Manager
APPROVED AS TO FORM:
Ju In P uitt, Isistant City Attorney
ccdocs RES Ratify Lease Agreement Assignment from Joyland to Prosperity Bank Park Improvements
January 26, 2018
JOYLANA AMUSEMENT PARK
LEASE AGREEMENT
THE STATE OF TEXAS S
COUNTY OF LUBBOCK S KNOW,ALL 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•Lts 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-
sioner•all 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 lst 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
0
LEN
+'r
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
Board. 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. Zn helping to maintain Joyland Amusement
Park, the City agrees to furnish a parking lot or lots of suffi-
• 2 -
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 as 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 an* 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-
- 3 -
tV
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 stme 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.
z=
/ If, during the term of this agreement, Concessioner's improve-
ments 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 force 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 -
0
U
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 -
•, 'r
W
based on gross receipts from amusement rides according to the
following scales
0.00 to $250,000 50
$250,000 to $275,000 5j%
$275,000 to $300,000 6%
$300,000 to $325,000 6j% -
$325,000 to $350,000 7%
$350,000 to $375,000 7j%
$375,000 to $400,000 6%
$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
•tr
V.
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-
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
- 7 -
i
Parks and Recreation of the City of Lubbock and the Parks and
Recreation Board and, when required, the consent of the Texas State
Parks Board.
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.
rR THIS AGREEMENT IS EXECUTED IN QUADRUPLICATE this, the 13th
day of August , 1987.
CITY OF LUBBOCK
t.
BY: e . �
4 &�
B. C. M MI N,MAYOR
ATTEST:
2
Ranette , C ty Secret Mr
APPROVED TO CONTENT:
Lee7Osborn, Director
rj�f
Parks and Recreation
APPROVED AS TO FORM:
Harold Willard, Assistant
City Attorney
.. 9
MACKENZIE PARK PLAYGROUND, INC.
d/b/LJLAND AMUSEMENT PARK
BY:
EXAS STATE PARK'S BOARD
BY:
KeeolucLon NO. IVV4
February 8, 1996
Item 915
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
APPROVED A$40 CONTENT:
ILI— 11' a
Cpfolyn iamus. Direct r of Culture
abd Lei�e Services
APPROVED AS TO FORM:
arold Willard, Assistant City Attorney
HW:da/ccdoesh joylnd.res
J"UNy 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 Sth day of February
OF BOCK MACKENZIE PARK PLAYGROUND, INC.
/r d/b/a JOYLAND AMUSEMENT PARK
BY:
R. LANGSTON, MA
ATTEST:
Betty'M. Johnson, City Secretary
n
APPR/0GE1) AS TO O ENT:
9firolyn Oiamus, Dlrector of tore
find Leisitre Services
APPROVED AS TO FORM:
amid Willard, Assistant City Attorney
HW.dalcityaW&-Joytnd.doc
January 30,1996
Y:
FIRST AMENDMENT TO IOYLAND AMUSEMENT PANIC
LEASE AGREEMENT
Page 2
Apt-19-01 01: 20P
r . u.a
USOLUTIOK NO.5429
Item 116
February 27, t997
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authodud and directed to
execute for and on behalf of the City of Lubbock a Second Amendment to the 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 ofthis
Resolution as if ghBy copied herein in detail.
Passed by the City Council this 27sh day of February . 1"7.
,tir-;T-�Wm
ATTEST:
e arndt City secretary
APPROVED AS TO CONTENT:
1
Carolyn Alfamns- D-i or of
Cuituuead Leisure Services
APPROVED AS TO FORM:
X, 7ALA YX .t %D it
Qphld O. VoMvw. First Asaietanc
City Attorney
Apr-29-01 01:10P
SECOND AMEMDMEMT
JOYLAND AMUSEMENT PARK
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
P.01
��4.1VLV t1Va �w. �+wV
Item 016
Febtuacy 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, hereinaRer called "City," and
MacKenzie Pads Playgrottad, Inc., d/b/a Joyland Amusement Paris, hereinafter called
"Concessioner."
WITNESSETK;
WHEREAS, on or about the 13th day of Augus% 1937, City and Concessioner
executed a Lease Agreement whereby the City leased to Concewoner all of the area in
Mackenzie Park for a term of ten (10) yeses with an additional tens 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 extensions 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 Febtuary,1996; and
WiiEREAS, both parties for good and valuable consideration desire to further
amend said Lease Agreement by amending Section 9 to read w 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 ex cu 'oa ofthis agreemat, Concessioner
$hall pay to the City a monthly rental b , !don aro�t-eee from Joyland Amusement
Park according to the following scale;
OTHER
RIDES
RECEIPTS
S 1
to
$2$0,000
5%
2% �
$250,001
to
S27S,000
S l r2%
2 112%
S275,001
to
S300,000
6V4
3%
3300,001
to
S325,000
61/2%
31/2VO
S3251001
to
W01000
70/4
4%
JOYL,AND AMUSEMENT PARK
ADDITIONS AND IMPROVEMENTS
1989
1990
1991
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
1992
Built another building for.
The Shoot Out The Star Game
Additional arcade equipment
Concession
Shade and picnic tables
1993
1994
1995
New Entrance and additional gates
Resurfaced the Midway
Added the Rock-0-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
Now and Expanded Games Redemption Area
Outdoor air conditioning - mist system
GROSS REVENUES ON
RIDES AND CONCESSION
Percentage Gross
To City Incoene
1989
Rides: $250,000.00 at 5% $12,50D.00 $291.288.96
$ 41,286.96 at 512% 2,270.89
Concession: $ 43,260.93 at 2% 897.30 4-3,260.2a
TOTAL, $ 5,6118.19 8334.838.88
1990
Rides: $250,000.00 at 5% $12.500.00 $292.427.05
$ 42,427.95 at 512% 2,333.54
Concession: $ 44,4315.05 at 2% 888.30 44.315.05
TOTAL $16.719.94 $336,743.00
1991
Rides; $250.000.00 at 6% $12,50D.00 $304,940.17
$ 64,940.17 at 512% 3,021.71
Concession: $ 49,461.81 at 2% 989.24 49A461.01
TOTAL „_ 610.96 $364.40� 1
1992
Rides: $250,000.00 at 5% $12,600,00 $288,176.32
$ 38,178.32 at 512% 2,099.70
Concession: $ 63,541.88 at 2% 1,070.84 63,641.88
TOTAL L16.870.64 $341.718.20
1993
Rides: $250,OD0.00 at 5% $12.500.00 $316,402.55
$ 66,402.55 at 512% 3,652.14
Concession: $ 67,682.65 at 2% 1,351,66 67.562m
TOTAL $17,603.80 $383.988A0
1994
Rides: $218,227.83 at 5% $10,911.39 $283,265.45
$ 65.037.62 at 512% 3,577.07
Concession: $ 56.794.75 at 2% 1,218.48 56,794.76
TOTAL $16.706.94 i340.080.2D
1995
Rides: $246,279.55 at 5% $12,313.98 $322,896.40
$ 76,616.85 at 512% 4,213.93
Concession: $ 62,405.97 at 2% 1,319.84 62.405_27
TOTAL $17,847.75 $386.302.37
Contract Al. Change Order t Requisition #-. iT89I RFPII J RFON (it AWcawe).
CONTRACT COVER SHEET
See Step -by -Step Contracting Process on CLIC for instructions
(4pe or Print till lnjornradon'Pith Ilse exception of Signatures and Signature Dates)
rorward the complete contract package to Contract Management, Municipal Building Suite 204, for review, approval and contract
execution. The complete package Includes one (1) copy of the completed Cantract Cover Sheer (ror internal City use only), minimum of
three (3) originals of the contract or amendment. and minimum of three (3) originals of all odtar cenificatiorts and contract addenda.
Attached Contract most be "Approved u to Content" by Director and "Approved as to Form" by Legal. The following signntnrz arc
nquirrsl to pracetc Comract Cover Shect INIPORTANTr I och permit ►►ha cigm the Cuniruct Cu►•er Slrwtt must Len rldl) re vie v ll'e
attached cunimm ct docucut bcthrc signing thu contnut cnta shot
Risk Manager Ins Cori Reqd: Dale
Dir of Fiscal Policy pad;
Asst City Manager/Chlaf: Date:
Originating Dept and Individual Responsible for Ensuring Contract Terms and Contract Compliance:
[Department: Parks and Recreation Name: Randy Truesdell
Phone Number. 806.775.2671 1 Title: Community Services Director
Information for Vander/Contractor/Agency or Other Entity City of Lubbock is Contracting With:
Name of Entity. Joyland Amusement Park
Address: Macitertzie Park
City: Lubbock Stale: TX tip: 79404
Contact Name: David Dean
Contract Signatory: David Dean Title: Opentor
Phone#: 806.763.2719 Fax #: E•mad:
Contrnct information:
Brief Description of (roods or Services or arrangements covered by Ole terms of the contract,
Joyland Amusement Park Lease Agreement, First Amendment • to modity the length of the initial term horn 2/28106 l0 2128111
and to delete 'Texas Parks and Wildlife from agreement - Section 1
Etfecdve Date, ® Upon Execution by Authorized Signatories OR Other (Specify Date): ?J0811996
End Date: Notice To Proceed (Specity # of Days) OR Other (Specify Dale): 2120011
Flnenerel InrnrMaklan
Cost Center. Account #: Amount: Not To Exceed: SBased on
Other: monthly rental
based on gross
receipts from
amustnent rides
according to scale
In contract.
Conlradcovasheel dac (Rev 06109105)
Contract#:
Change Order#:
Wdl Contract
Yes, see amount below
Revenue:
+j Revenue:
If so, amount: Msed on
I
monthly rental based on
gross receipts from
emusrnent rides eccording
to scete In contract.
Requisition #: ITS# / RFP# i RFO# (o App iww):
Project Number (if applicable):
Will Contract Be Paid From Grant Funds: No
Notes:
Rcviewcd by Purchasing/Contract Manager: Dole___
CantractCovcrshcct.doc (Rev OC49/05)
Contract Form and Signatory
Contract i General Agreement
Contract Cbeckllst
Signatory. Mayor
to asanse Orders or
I. Is this b>dWual or owner of this business an officer or employee of the City of Lubbock? No
POW'. 1f Yes, City policy may trot allow us to write a contract for We indivkiue9vendor.) It unsure, check with Legal.
2. Areal documents In order and submitted at least 5 business days prior to The start date for servkea for standard contracts of at least 20
business days prior to start date for services if using a non-standard oontrad? Contract will begin "Date of Full Execution"
(Note: If No, and not associated with a building repatr, complete a'Justification for Untimely Contract Submittar torm.j
3. Does the contract, Licensing Agreement, insurance or other document requiring signature originate from the vendor? Yes • SEE NOTE?
(Note: 9 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 (006) 775-2277.)
5. Does the contract Involve the purchase of hardware. software, firmware or aompuler component acquisition? No
[Note: fl Yes, A Purchase Requisition from information Technology Is required. Contact R at (906) 775-2374.)
6. Does the confrad involve a Btu valued at $2,500 or mote? No
(Note: If Yes. A Purchase RequlsWm Is tequtred. For assistance, contact your Buyer in Oka Purchasing Department)
7. Does Ike contract Invoke a rg valued at $25,000 or mare? No
(Note: It Yes, Formal Competitive Seated Bidding is reWked For assistance, contact your Buyer In Ike Purchasing Department.)
8. Does the contract Involve Consulting Services valued at $25,000 or more? No
[Nola, If Yes, requires Request for Qualifications. Contact Purchasing Manager (11%) 775.2165.)
9. Does the contract involve purchase of construction valued at $25.000 or more? No
[Note: if Yes, Requires Payment Bond.)
% boas 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, attack Child Support Certification, Corm OCA•S•99.25 for state funded acquisition.]
13. If federal or state funded, does the contract Include ail douses required by federal or state statutes and executive orders and their
Implementing regulations? Not Applicable
14. It the purchaseltransaction involves the purchase, lease, 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 x2880 or x2119.1
Contract Award by City Council (enter applicable A fornratiarr)
Carnal Date 218l1998 Council Agenda Ilem #: 15 Resolution # 5094
The complete package includes one (1) copy of the completed Contract Cover Sheet (for internal City use only); minimum of three (3)
-inginels of the contract or omcndmcni; and minimum of three (3) originals of oil other certifications and contract addenda. Rorward the
implete contract package to Contract Management, Municipal Building Suite 104,for review, approval and contract execution.
ContrxtCoverSheet doc (Rev 06009/03)
4 W
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 28i° day
of February, 20�I, 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, 0.5%). 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
(0.501*) 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 l0ei 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, We Joyland Amusement Park
Point of Contact &Tel #: IMZar R Dean, no phone number given 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 Paris and all
buildings and equipment on the leased premises for the purpose of inspecting the
entire area for all lawfW 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 of3
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 fiuther 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 Lability
Insurance ($1,000,000.00), Fire and Extended coverage, Boiler insurance, and Workems'
Compensation Insurance. City reserves the right to require Concessioner to secure additional
amounts of insurance E}om time to time. Certificates of insurance or other satisfactory evidence
of insurance shall be flied 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 Concessionces 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'" day of August,1987, City and Concessioner executed an
agreement whereby City teased 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 (S) 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 1 of the agreement is amended to read as follows:
2 of 3
S094, 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
V day of October, 1987, and terminating on the W day of February, 2006, and
said lease shall be automatically extended for an additional term of five (5) years
Stom the 1" day of March, 2006, to the 210 day of February, 2011, unless either
party to this agreement shall give written notice of termination to the other parry
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 ojthe Texas Parks and Wildlife
Department" contained in Section 10 of the agreement is hereby deleted Gom 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
Resoludon No. 2006•ROSOS
October 13, 2006
Item No. 5.38
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 IlLb day of bctober , 2006.
DAVID A. LER, Mp .K
ATTEST:
Rebecca Garza, City Secretary
APPROVD AS TO CONTENT:
R dy ru dell, Parks and Recreation Director
APPROVED AS TO FORM:
Vandiver, Attorney
DDM1)*y1oedt. wAtwr40 Rn
Seplaf6w 26.2006
R"olutlon No. 2006-ROSOS
October 13, 2006
Item No. 5.39
THIRD AMENDMENT
JOYLANU AMUSEMENT PARK
LEASE AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS THULD 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., d/b/a Joyland Amusement Park
(referred to herein as "Concessionce ),
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 Lase Agreement in a Second Amendment with regard to lease
payments; and
WHEREAS, both parties for good and valuable consideration desire to further 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 1
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 ofthe 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
follow$:
An annual payment of $39. 333 per year to be paid in four payments of S9.383.25 due
June 1, July 1, August 1 and September 1. The first payment will be due June 1.2007.
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 a4jacent 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 :
DAVID AIMILLER, MAYOR
ATTEST:
Re ecca Gana, City Secretary
CONCESSiONER:
A
APPROVE AS O C NT:
Randy ruesdell, arks and Recreation Director
APPROVED TO FORM:
Al ;@""; w �,-
n an fiver, A ora of Course
d&wdloyhMLcwAmra1
September 26. 2W6
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ResOludOu No. 2W&R050!
October 13, 2006
Item No. 3.38
ATTACHMENT A
A 2.24 ACRE TRACT OF
LAND IN MACKENZIE PARK,
CITY OF LUBBOCK, TEXAS
BEGINNING at a point which is the intersection of a fence on the approximate North Right -of•
Way line of U.S. Highway 62/32 and a fence which Is the present Westerly boundary of an existing
amusement park, described in Attachment "e" 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 it distance of 271.1993 feat at 87A37'30.8" to a 16p nail;
THENCE Easterly. a distance of 31 o.9166 feet at 92^24'52.6" to a 2 5/6" existing 6 foot corner
fence post at the South side of a parking lot;
THENCE Southerly, following said 6 foot chain link fence on the west edge ofsaid existing
amusement park and a distance of 284.5290 feet at 107A34'43.6" to the Point of beginning.
Prepared from sketch
October 9, 2006
w
ClIend: $529
ACORD. CERTIFICATE OF LIAB
THIS CERTIFICATE 19ISSUED AS A MATTER OF -INFORMATION ONLY A
CERTIFICATE GOES NOT AFRRMATRIELY OR NEGATIVELY AMEND, Ef
3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT COMMUTE A
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
ffipamw:f fit ce floe o holder Is an ADUMMMUNIGIff, o Pa
the lama and tondltione of the Policy, certain Policies may taqulte an at
eertlflcato holder In Ilou of aueh endonenAenNel
Haag tt, Wilkerson Insurance
4300 Shawnee Mission Parkway
Fairway, KS 66205
913 432.4400
Mackenzie Park Playground dba
Joyland Amusement Park
PO Box 2262
Lubbock,TX 79498
ILITY INSURANCE OA" °'"w°°'Y"'"'
04/2812014
NO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS
TEND OR ALM THE COVERAGE AFFORDED BY THE POLICIES
CONTRACT BETWEEN THE ISSUING INSURERIS). AUTHORIZED
0Y1W*) muf e a one . H SUPROGATIOU is WANED, su ect to
denement. A statement on this carelksle does not confer rights to the
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22687
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INDICATED NOTWITHSTANDING ANY RROUIREMENT. TERM OR COND"WmoF ANY CONTRACTOR OTHER DOCUMENT;;;; RESPECT TO NMICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSION$ AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TYPE OF INSURANCE ,.,.,,�l --
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Additional Insured: City of Lubbock
City of Lubbock Parks
and Recreation
PO Box 2000
Attn: Randy Truesdell
Lubbock,TX 79457
SHOULD ANY OF THE ABOVE DEaCRIBBD POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THSRSOF, NOTICE WILL BE OSLNERBD IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUtMWMD ROtlMWAWM
1989.2016 AMMn MUMDATrnM All .I.k..... —..a
ACORD 25 (2010105► 1 of 1 The ACORD name and logo Oro registared malke or ACORD
9S1B1796JM1111795 CMAMA
POLICY NUMBER; 023076938
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 subdivision 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.
Section 11 — Who is An Insured is amended to In-
clude as an additional insured the person(s) or orgeni-
zation(s) shown in the Schedule, but only with respect
to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or
In part, by your acts or omissions or the acts or omis-
sions of those acting on your behalf;
A. In the performance of your ongoing operalions; or
S. In connection with your premises owned by or
rented to you.
LD-I V08 (03107)
CO 20 26 07 04 ® ISO Properties, Inc.. 2004 Page 1 of 1 O
Contract #. Change Order #: Requisition #: ITO# I RFP# / RFON (e Apphwwe):
CONTRACT COVER SHEET
See Step -by -Step Contracting Process on CLIC for Instructions
(Typo or Print all information ovitit rGe exception of Signatures and Signature Dates)
ronvord the complete contract package to Contract Management. Municipal Building suite 204. for revle%v. approval and contract
execution. The complete package Includes one (1) copy or the completed Contrgg Cover $heel (for internal City use only); minimum of
three (3) originals orthe contract or omeadmont; and minimum orthree (3) originals of all other cenificolions and contract addenda.
Allached Contract must be "Approved as to Content" by Director and "Approved as to Form" by Legal. The Ibilowing signaturgti arc
required to process Conintct Cover Shari. IMPORTANT. 1 ach person who sign the COMM Cuvt.Y Shed must cnrcftdl) rcvic» the
ntiuchvil cunintut document Ix -rare signing the cnniracr awr shcel
Risk Ma naW . Ins Cod Reqd: Date:
Dlr of Fiscal Policy - _ Date:
Asst City Manager/Chief. Date:
Originating Dept and Individual Responsible for Ensuring Contract Terms and Contract Compliance:
Department: Parks and Recreation
Phone Number: ON.775, 2671
Information for Vendor/Contractor/Agenq
[Address:
ame of Entity: Joyland Amusement Park
Mackenzie Park
City: Lubbock
Contact Name: David Dean
Contract Signatory: David Dean
Phone #: 806.763.2719 Fax #:
Contract Information:
Name: Randy Truesdell
Title: Community Services Director
or Other Entity City of Lubbock is Contracting With:
Stele: TX Zip: 79404
Title: Operator
E-mail.
Brief Description of Goods or Services or arrangements covered by the terms of lfte 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 Dale: ® Upon Execution by Authorized Signatories OR Other (Specify Date): 2/2711997
End Dale: Notice To Proceed + (Spedfy # of Days) OR Other (Specify Daley 2/2812011
Finnnelei Infnrmnthm
Cost Center. Account N: Amount: Not To Exceed: $Based on
Other monthly rental
based on gross
receipts from
amusmenl Was
according to scale
In contract
C-twiCovershect ace (Rey QW105)
Contract #: Change Order #: Requisition #: ITS# I RFP# I RFQ# III AWfti *):
VM Contract Yes, see amouni below
Generale 11 so, amount $Based on
Revenue: monthly rental based on
gross receipts from
amusment fides awarding
to scale In oontract.
Project Number (d applicabley:
Will Contract Be Paid From Grant Funds: No
Notes,
Reviewed by Purchasing/Contract Manager. Dow
Conlr>aclCoverShoct koc (Rev O607105)
Contract Form and Signatory
Contract: , General Agreement Signatory: Mayor
Contract Checklist (Not pl Cable to Change Orders or Auteadnientsj
I. Is this bdvidttal or owner el iNs business en offer or emptoyea of the City of lubbodi? No
(Note: If Yea, City pocky may not eilow us to write a contract for (his Inditelivendor.) itunsure, check Will Levi.
2. Are ON documents In order and submitted of least 5 business days prior to the start date for services for standard contracts or at least 20
business days prior lasted date for services if using a mrn•statidatd contract? Cottlract will begin "Date of Full Execution"
dote: If No, and not associated with a building repair, complete a'dustificaUon for UnUmety Contract Submittal' form.)
3. Does the contract, licensing Agreeme al, 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 (805) 775-2277.)
S. Does the contract Involve the purchase of hardware, software, firmware or computer component rAulsilion? No
(Note: 11 Yes, A Purchase Requisition from information Technology is required. Contact IT at (ON) 775.2374 )
6. Does the contract Involve a gg%g valued at $2,500 or more? No
(Note: If Yes, A Purchase RequlsWon is required. For assistance, contact your Buyer In the Purchasing Department.)
7. Does The contract Involve a purchoso valued at $26,000 or more? No
(Note: It Yes, Formal Competitive Sealed Bidding is required. For assistance, contact your Buyer In the Purchasing Department)
B. Does the contract involve Consulting Services valued at $25,000 or more? No
(Note: If Yes, requires Request for Qualifications Contact Purdiesing Manager (805) 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 $100.000 or morel No
(Note: If Yes, contract requires Pertormanee eond)
11. Does the contract include language for Insurance Requirements? No
(Nola: It Yes, contact Risk Management M (806) 775.2277.)
12. Nslate funded, does the contract require language (or Child Support caffikallon? Not Applicable
(Note: if Yes. attach Child Support Ceidcallon, form OCA-S-99.25 for state funded ecquisiUan.1
13. I( federal or state funded, does the contract include a0 clauses required by federal or state statutes and executive orders and then
Implementing regulations? Not Applicable
14. If the purchese/iransec ion Involves the purchase, lease, acceptance as a gift etc, of real estate, has an envitonmenlal site assessment
(ESA) been performed on the property? Not Applicable
(Notes II No, contact Environmental Compbnce at x28W or x2119.)
Contract Award by City Council (enter applicable injorrrtotiort)
Coundl Date: Z2711997 Council Agenda Item N. 16 Resolution X. 5428
Ito complete package includes one (1) copy of the completed Qnlmct Cover Chat (for internal City use only); minimum of three (3)
^riginals of the contract or amendment; and minimum of three (3) originals oral) other certifications and contact addenda. Forward the
ornplate contract package to coatract Managemeay Municipal Building Suite 204,for review, approval and contract execution.
CanimciCaverMcoxioc (ttev o6ro9ju$)
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 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 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 i
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
$260,000
5.0%
2.0%
$260.001 to
$275,000
5.5%
2.5°%
$275,001 to
$300,000
6.0%
3.0%
$300,001 to
$326,000
6.5%
3.5%
$326.001 to
$350,000
7.0°%
4.0°%
$350,001 to
$376,000
7.5%
4.5%
$375.001 to
$400,000
8.0%
6.0%
$400,001 to
$425.000
8.6%
6.5%
$426.001 to
$450.000
9.0%
6.0%
$450,001 to
$475,000
9.5%
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 100 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,
j)W10
Point of Contact & Tel #: tthes-E Dean,
Inc. d/b/a Joyland Amusement Park
Contract Administrator: Corbin Pemberton, (806) 775-2689
Mandatory Reports/ Meetings:
(1) The City also agrees to provide water to Concessioner.
-7 63 - zI
1 off,
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 grow income from all sources to be fiunishad 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 itselfto 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 terns 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 tides, etc.
shall remain the personal and removable property of Concessioner.
WHKRJJAS.'bQ or Abut 13"day of August, I!87, Ci and Cod sioner executed an
a t w ity leas to o loner o a in Mack Park wn as
Joy d Amusem Park fora erm often 0) and an additional tern o ve (5) years;
and
2 off'
5428, Resolution; Joyland Amusement Park 2-27-1997; Lease Amendment
LANDLORD'S CONSENT TO ASSIGNMENT
Prim n Date maiturity Loan No Cep i CO— T Account offlider 10111118
01.22-2018 1-30.2027 1 8285684 BC
Refarkrow In the taxes above ea for LenOefe seise on u�d do nog thn11 the a of Ihb dowmeal to any Particular tom a item
An Xarrh stove rant h bean Io ors fa Tis Ibn2altons
Borrower: Meckeoalm, Patch PlartiMM4Ina. dba Joybnd Lender. PROSPERITY BANK
Arouwnwnt Paris Avenue 0 Banking Center
P. O. On 2262 1401 Avomm O
Lubbock, TX 10403 Lubbock, TX 79401d919
THIS LAHOLORO'S CONSENT TO ASSIGNMENT Is entered into atone Wehnsls Park Plsygl0ued. tat, dbs Joytead Amusement Path
sorrows'), whose address Is P. 0. Boa 2262. Lubbock, TX 70408: 1ho" u SANK 1'Lendef'f, whose address b Avenue 0 Banking
'enter, 1401 Avenue 0, Lubbock, TX 79401.3111L ; and City of Lubbock t'Wiltord'whose address is1SIS 131h Streak Lubbock. TX
7040t. eentwe, end Lender nave Lender Into, clam about to Inter Into. an agreement whereby Lama, has snug end Or win sagntro a aeartty
Interest a other Interval b Uro Coldotered Some or an of die CoyaW rW may be &Mxed of of m to bacorna tomtd on the 1►avrrsaa To lnifift
Lander, to eAsnd the Loon to Borrower spinal such security interest in the Caaahral atd for other vmkuabte eoroft Oak Lardhord hereby
agrees with Lender and Borrower Be ralkows
COLLATERAL 09SCRIPTION, The wad 'Cousterar means aMb of SOf10w4rs Personal Property In which Under has aaondned or win aMuke
• u U f Intoreel, WAWA9 without llmtatlen the fotiowlrlg speetne property:
3017 CaMhn VVNM S,RQ Rsbaen At"weamaht gftb Settled 460171002. ortadter now ownod or hererdter aaq/roi4 maganda whh sit
Inc�roases, part BlOihpetoot en , accessories, special d mcomeedrow mar tive w or hornafbNhad O would or used In ebrrracism hand
ai�
0slMY 411110
11 m rwbmlmrm of all oSAY
errW Oamod enAdsgow amd an protkretm and psceesPin of see of aha foregoing Inn twhig 0, -
13,
enci as" Into by and bM~ tho Cry of 1,6book Tom
ib onloxs end Nfsclaervle PtiAs PtyOrmerl trx hzaa io}!a+>ri 87Antaen+er+! PCnM fagetlbr vNn ap arrerd -' -1— W,
rtodl�9ae d oral osbstl Lutlrna far Nna lmhse aOCmar! anrbeaepensly aomouted
WI bwmrtery. Aaaaurse, liig2prnact, MmUnM. tacks. Gerveral tOvglbism and Hxbres
DMI OMRS ASSIGNIOW CP Ll Barraww heretry afa4na to Lender an of Sorrower's right in the Lease. as parow security W Oe
Lean. The panlsa Wend Oml this aWgrmend will be a praerd
transfer to Under of ao or Borrames rfphla under the Lease, sutyed to
eonawees rphts to use the PrsNsm and enjoy the beneEt of the Vase wib3a nbl In doiawl an the Loan or Lam Upon Nn p wponnanas by
Borrow ~ INS Includes ronevrals of end sraeVft�Mss to the two at the loon unttlhis Loan Isl of m d In fun.
. on by yen is parbea Thlde t a the Lem
paid In fun. No embed a may be made to the Lease
wilheul tandVs PAW written o0eatt, which ehaa not be unrossorst>fyvvnhhetd or defrayed.
CONSENT Oy LANDLORD, tanend construe Is the above su%nmenl. It Borrower dafsulls under the Leon or the Lease. Landar may, reeaNgri
the Lease, ad lerndlord egress that Lam9ad's consent to any such reassignment will not be unreasorgbty ww"Id or datsyed So bhp as
Lerwhif has not stated Ihm Premises tot the purpose of operating a bushes. Lender will have no Ilab6hy under the lease, arc uft without
Itrhtldaton Ieblly fat root Whether or not Larder enters Into possession of the Prandsas for uny purpose, Swam wilt rornaln fully butte for so
ob9p*ions of Borrower as brae under the Lase. While Lander I$ In P018e211011 of the fiemleas, Larder wild awe a4 payment due under 0s
Lasso and attributable to that period of One to be made to Lon Word If Lender gala reass" the Lease or vacates are Prandmee, Lender wm
hove no farther obagatlon to Landlord.
LEASE DBpAVLTS, Both Borrower and Landlord "sod represanl Io L.a+dsi that,10 the bat of their knowledge, there Is no breach or offset
exollno under the lease err under any other eresment between Borrower sod lonmad Landlord egress not to lertninate the Lane. despite
arty daftUll by Borrower, without glving Under written nolloe of the default and an opporiurdly 10 see the defmuh within a patod of ohhly (40)
days tram fha ncefpt of the rtoOce. It the doleuh Is on r that cannot reasonably be cured by Lender (such in Imolmcy. benknWry, at other
JudIOWPIFFAI'lir sgsrsl borrower). than Landlord who not temnnale the Una so long as Lonwd mains eS sums due under Iha lease to
the period during which LaMar is in possession of the Premises, or so ang as Lender resalgre the Lease to a new tape mucasttfy,
satisfactory 10 Landlod.
NUSCELLAR90US PROVISIONS. The folle+vhnp is lieneoua plomkons are a pan of Ibis Agreement: This Agreemonl mho" extend to end bind
the nspectha bobs, pasari reprosentawes eueceasolI and sedge of the flutters to this Agreement The covanents of Borrower and
Landlord respactMg subordlnetwW n of the ctalm or ins o1 Landlord in favor at LaMar shoo extend to, Inakde, and be onforceable by any
Usnalaee Of endorses to whom Lender rosy transfer any claim at Omkms to which this Agreement shag apply, Lavoie need not accept phis
Apreemsrd H wnldng or agrarwise le msb q erfectke This Agreement Sha1 be governed by and COnslrued In aecoManes Win me Uwe Wine
Slaa of Tease, 1(Lardtotd Ia What than an IndWua), arty agOnl or onef pefson executing this A llieemanl on bahmll of Urdlwd represenfa and
worfants to Under that he or she has fur power and aulhoily to exetads this Agtooment on Landlord's behalf, Under shall not be deemed to
have waived any rights under this Agroement Wass such waiver Is an wriling and signed by Lender. VMheul nepce to Landlord and without
affecting the vabddy of this Consent, Lender may do or not do any" k deems appropr4ts or necessary with respect to the loan, any obogors
on the Loan, or any Coaeterw for the Loan; including without Watmn eslendng, renswMg, rearranging, or atalenung any of the loan
mdobtadneis.
AMENDMENTS, This Agreemanl together wnh any Related Documents, conStuNas foe entire uhd*standhhp and egrsement or the path as
to the melons set torah In Ibis Agreement No attention of or amendment to Ih4 Agreement shell be effective unless glvmn In writing and
Signed try the party Of parties s04fu to be dust or bound by the allontbn or amendment
NO WAIVER BY LENOM Lender OW nol be deemed to have wowed any rfphla urder this Agreement unless such waiver is given M writing
and slgnM by Lend*, No delay or ombskn on the Pan of lender In asaosng any right shall aperste as a waiver of much right of pay other
right A waiver by Lender of a provision of this Agreement shag not prejudice or constitute a waiver of Lenders right olharwha to demand
strict compliance whh that provlelon at any other Provision of this Agreement No prier waiver by lender, nor any course of dsj*q between
Lend* and Landlord, shall constitute a waiver of any of Lenders light or of any of Landlord's obligations as to any Nlute transactions
Whenever the Consent of Len40P is required Wet Ibis AgnemeM, the Stealing of such consent by Under in any katanrs Meg net constitute
conllnubhg consent la subsequent InManoee where such consent is required and in 04 caps such consent may be premed of w:lhhotd fa the make
diserelbn or lender
sEvea►eahTY. it a pout of eonspekent �Msd And$ any Provision of We Aereemerd to be eregal, khwud. or uherhtorcade as to wy
erpnn netmroe, that 4np than not rnalte Oa alf�efsdng provWon Illegal, kwa0d, or tabnlotoeabie as to any a!M dmurnstance. it to 0. Ore
oflw,arrgg Provision ahsu bo considered modfad so that It (I %I1 0s legal. vend and efrtorzabla It die rprovision con, be so
rmdduletf 1t short be eoraldeted detatsd from this AOreenssnl UUess othervdae se Amd by I., fie UmOaey. orrvitildIty, a Inerdarcoatx9ly of
WY pmviston W Ws Agt9efnera dWl nrkl offed the lagamy, vak,aay w erdorraeDt5ty of any other provisfort of this Agreemena.
DEPiHITIOHS. The Ioaawing cepnmll words and forms shall hove the fonowMg meanings when used in Ibis Agreement. UntIIS Spooyksly
slated to the eoeUary. an lakrasces to dollar amount than mum smmnls In lawful money of the United Stales at Amsnfe0. Words and arms
used In the slegulaf Sisk. Include the plant, and the plural shag Include the singular, se the contest may require. Words and terms not otherwise
denned In this Agreement shall have the maseigs attributed to such terms in the Uniform Commercial Cods:
Agrsem mil. The word *Agreement, miens this Landlord's Consent to Asagnmenl, as this Landlord's Consent to Assignment may be
amended or medi0ed horn time to time, togalher with an a■Mblls end schedules stladhed to this Leadbrd's Consent to Assignment from
time to time
Sonower. The word 'Borrower* means MvAentie Park Playground, Inc dbs Joyfend Amusement Park and Mcudes all co-Ogn is and
co -makers slghlaa the Note and 29 thah aucrosson and assigns
Collateral The word 'Collate err means as of Borrowers light. We and bilerest In and to old the Colltenf as described in the Coaaerel
Description section of this Agreement.
Looll rd. The word 'Landlord" means City W Lubbock, and is osed lot Convantlnte purposes orty, Un llord's Interest in the Premises
nay be that 010 fee owner, bursa, wbleesor or Ilenhotder, Or that Of any othat holder of an Interest M the Ptemrsers which may be, Or may
became, prier to the Interest of Landst
Luse, The word'Leaa' moons that certain lease of the Premaae, dated August 13 1987, between landlord and Borrower
Undst. The word 'Lender mew PROSPERITY SINK. As suceessens and assigns.
LANDLORD'S CONSENT TO ASSIGNMENT
Loan No: $265684 (Contlnued)
Page 2
Loan. The word 'Leant meem Say and Of ICmaa and Onandal accommodshans from lender to Sollawar wlMthSr now W hal"RW
eaMlsp and howeverevklenced
Note. Ify weld 'NON' means the Note detad January 22 2010 and eaaWed 0y Madkarub Padr PlayOrouad. Inc dba Joylond
use Amment Park In the pdndpal am0ent of $36o.000 00 Io"g w0h a0 ronewab el, oalandons 01. modlllogtism al. rolneralAps of
oonsotidSlbm of and substitutions for Die note or aradd syrosmanL
Paamba. The word 'Ptemtaes' meare dw Mal protgdy located In Lubbock County State of Tom. commonly known as 600 Caron
We We Lubbock Tx 70508
Rd" Daewaan4, The won& 'Related Documents mean al prombsory met Cleo ayMemanls, ban esreaman&, environmental
eproaesnts 91larantea. Security ayramnanta, mod %"t deeds 01 trust. Security deeds. colbtant mwfpaps, and a0 olhat Instrumentss0raarnares sad dowmeMs whether now ar horasl eaplbny asatuted In connection with the Loan
00PRIW4R AND LANDLORD ACKNOVKEOOS NAVOLO READ ALL 'THE PROVISIONS OP THIS LANDLORD'6 CONSENT TO ASSIONMENT
AMCBORRMWERANDLANDLOROACWTO116TERMS TIOS AOREEMENT 18 DATED JANUARY 22 2018
BORROWER:
MACKIN218 PARK PLAVORODND. INC. 06A JOYL.AND
AMUSEMINT PARK
By:
wi—
Pak
Pak Pla"M n4 Int. dba Joybod Aaussnuat
ey:
Park
Pad Plgnyrormd. Inc. dba Jofliftd Amuseatsal
LANDLORD:
CITY r LVSSOCK
Au r1U Ioaa1 1 ry 0 U
LONOEIL
PROSPERITY SARK
x
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l.+N v.�.n.rrr t.r �•rm[...r-nu eu rrw t...r h tvtlYftnVkYrq vnu. w.