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HomeMy WebLinkAboutResolution - 062278C - Amendmente To Lease Agreement - James E. Dean - Mackenzie Park Playground - 06_22_197878-37-196-514 (42) RESOLUTION 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 an Amendment to Lease Agreement between the City of Lubbock and James E. Dean, covering the Mackenzie Park Playground, attached herewith 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 22ndday of June 1978. RK WEST, MAYOR ATTEST: Y`sva Philli s, City cretary-Treasurer APPROVED AS TO(ORM: red O. Senter, Jr. Attorney Haas-Wilkerson-WohIber ^�2122���A 4300 JOHNSON DRIVE - SHAWNEE MISSION, KANSAS 66205 (913)432- 319 NORTH FOURTH ST., RM. 503 - ST. LOUIS, MO. 63102 (314)621-0 P.O. BOX 13229 - ST. PETERSBURG, FL. 33733 (613)327-0392 �'✓�fi�+� �9� Certificate of Inqurance Attention: This Certificate of Insurance neither affirmatively nor negatively am ids, extenfs',br alters the coverage afforded by the policy (ies) described hereon, and Is Issued a s Her of In• j,� X formation and confers no rights upon the Holder. X The Policy Identified below by a Policy Number Is In force on the date of certificate Issuance. Insurance is afforded only with respect to those coverages for which a specific limit of liability has been entered and is subject to all the terms of the Policy having reference thereto. Nothing herein contained shall modify any provision of sold Policy. jN In the event of cancellation of the Policy the company Issuing said Policy will make all reasonable effort to send Notice of 'III Cancellation to the certificate holder at the address shown herein, but the company assumes no responsibility for any mistake or for failure to give such notice. Any Carnival or Circus Liability Insurance made a part of the Policy Includes as a person Insured with respect to an c occurence taking place at a Carnival or Circus site (1) The Fair or Exhibition Association, sponsoring organization or committee (2) The owner or lessee thereof and (3) A municipality granting the Named Insured permission to operate a � Camlvel or Circus. INSURED- MACKENZIE PARK PLAYGROUND, INC. DBA JOYLAND AMUSEMENT 6/OR JAMES DEAN &/OR PAUL ROADS 6/OR THE CITY OF IK LUBBOCK, TEXAS 1k IK ' d 0 ""INSURANCE DEPARTMENT --CITY- HALL '1916-TEXAS AVENUE LUBBOCK, TEXAS 79457 fly f� :K X f�COMPANY l� t f!K COMPANY UNDERLYING INSURANCE, fIK X P.� �'-AF•RIL fi, f 84 DATE OF CERTIFICATE ISSUANCE REF. 0 1940 Haas-Wilkerson-Wohlberg �° yyyy. yy. vlly` AMUSEMENT LIABILITY COMPANY BODILY INJURY AND PROPERTY COMBINEDESiNGLE LIMIT POLICY NUMBER EXPIRATION DATE CONTINENTAL CASUALTY 'Ii,000,000 CSL CCP03303597 4/28/85 GRANITE STATE INSURANCE $3,000,000 COMBINED SINGLE LIMIT EXCESS OF 6184-1556 4/28/85 TOTAL LIMITS AMENDMENT TO LEASE AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § WHEREAS, a Lease Agreement was entered into between the City of Lubbock and Sam Caplan dated May 27, 1954 for the lease of the area in Mackenzie State Park known as Mackenzie Park Playground, and WHEREAS, the Assignee of such Lease Agreement, James E. Dean and the City hereby agree to an amendment to such Lease Agreement as follows: 1. The map designating the Mackenzie Park playgrounds area which is made a part of such Lease Agreement and is attached hereto as Exhibit A, is hereby amended by deleting from such area the portion east of the park road, being designated as the driving range and substituting therefor a tract of land west of the park road, which is shown on Exhibit B, attached hereto and made a part hereof, and such new park playgrounds area, is referred to as the option area. The Lessee hereby disclaims any right to the deleted area east of the park road, and agrees that the City may use such area in the development of its new golf course. 2. Paragraph No, 1 of the original lease agreement BE and is hereby amended by adding thereto a new paragraph which shall read as follows: "The area which is designated as the option area and is situated west of the park road may be developed by the Lessee at such time as he determines that such expansion will be beneficial to his operations. The Lessee shall exercise his right to expand into this option area by giving notice to the City of Lubbock Parks and Recreation Department. Development shall be in accordance with agreement as to such development between the Lessee and the City of Lubbock." Executed this 22nd day of June ,1978. CITY OF LUBBOCK 46MMUMIM S-E. DEAN, LESSEE 2¢ 09 _�..._. w war Frcratr-of-wnr r•ir.- � ' lit -_ - � "` .. i -rraTE.N.a x ? r v- �i LEASE TRACT ASPAai r Faye Paltk t oA p A=56• A=go� IrW AAAtT p4r.kINC{ LOT' 0 �xtSrlNq I�2' 7(AKE 'V ARKINc� LOT °zv �ltb6% I - Ibo E061F ASPglI.T I, Y, It, 1- 1 l3 a &MUe"g7MI:Wr PAI;k IsTiuq CIIAIJ1 U IJ 1L F�lol:.� PeIur 01. 6t'liiuuiUG • II BEGIMING at a point which is.the intersection of a fence on the approximate North Right -of -Way line of U.S. Hiway 87 and a fence which is the present Westerly boundary ' { of an existing.amusement park. THENCE Westerly, with the 4 foot chain link fence -on the North R-O-W line of U.S. Hiway 87, a distance of 173 feet; THENCE Northwesterly, with said fence, a distance of 320 feet to a 1"x 2" wood stake; THENCE Northerly, a distance of 295 feet to a 1"x 2" wood stake at the South side of a parking lot; THENCE Easterly, with the South edge of the asphalt paving in said parking lot, a distance of 38 feet; THENCE Northeasterly, with the Easterly edge of said paving, a'distanceof 105 feet; THENCE around a curve to the 'right, and following the edge, of.said paving, a distance of 56 feet; THENCE Easterly, following the edge of asphalt.paving for a park road, a distance of 150 feet; THENCE around a curve to the right, and following the edge of asphalt paving a distance of 80 feet; THENCE Southerly, with the West edge of an asphalt paved parking lot, a distance of 200 feet to a point at the corner of a 5 foot high, green chain link fence; i THENCE Southerly, with a curve to the left and following a green, chain line fence Ij a distance of 155 feet; ' THENCE Southeasterly, following said green, chain link fence, a distance of 228 feet to the Place of Beginning. �I f I ii ,i Prepared By: Hugo Reed and Associates, Inc. Land Surveyors 1706-14th Street Lubbock, Texas