HomeMy WebLinkAboutResolution - 2018-R0443 - Joyland And Prosperity Bank Lease Agreement - 12/17/2018Resolution No. 2018-RO443
Item No. 6.14
December 17, 2018
RESOLUTION
WHEREAS, the City of Lubbock (the "City") and Mackenzie Park Playground, Inc., dlbla
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 1"
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. Said Lease Agreement and Assignment is attached
hereto and 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 Cit} 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 Mayor of the City of Lubbock is hereby authorized and directed to
execute, on behalf of the City of Lubbock, an Assignment of the Lease Agreement from
Mackenzie Park Playground, Inc., dlbla Joyland Amusement Park, to Prosperity Bank. Said
Lease Agreement and Assignment is attached hereto and incorporated in this Resolution as if
frilly set forth herein and shall be included in the minutes of the City Council
Passed by the City Council an December 17. 2018
L�7:
DAN 1 EL M. POPE, MAYOR
ATTEST:
Reb cca Garza, City Secre al}
APPROVED AS TO CONTENT:
Scott Snider, Assistant City Manager
APPROVED AS TO FORM:
Ry n oke, Assistant City Attorney
cedoc5,RES.Leas e Agreement Assignment Irom Jo) land to Prosperity Bank - Park Improvements
1130.18
LANDLORD'S RELEASE AND CONSENT
Principal Loan date
Maturity
Loan No
call I coil
Account
Officer
Initials
11-29-2018
11-30-2028
826543
1 **
BC
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "' '" has been omitted due to text length limitations.
Borrower: MACKENZIE PARK PLAYGROUND, INC. DBA Lender: PROSPERITY BANK
JOYLAND AMUSEMENT PARK Avenue Q Banking Center
P. O. Box 2262 1401 Avenue Q
Lubbock, TX 79408 Lubbock, TX 7 9401 -3 819
THIS LANDLORD'S RELEASE AND CONSENT Is entered into among MACKENZIE PARK PLAYGROUND, INC. DBA JOYLAND AMUSEMENT
PARK ("Borrower'), whose address Is P. O. Box 2262, Lubbock, TX 79408; PROSPERITY BANK ("Lender"), whose address Is Avenue Q
Banking Center, 1401 Avenue Q, Lubbock, TX 79401-3819; and City of Lubbock ("Landlord"), whose address Is 1625 13th Street, Lubbock,
TX 79401. Borrower and Lender have entered into, or are about to enter into, an agreement whereby Lender has acquired or will acquire a
security interest or other interest in the Collateral. Some or all of the Collateral may be affixed or otherwise become located on the Premises.
To induce Lender to extend the Loan to Borrower against such security interest in the Collateral and for other valuable consideration, Landlord
hereby agrees with Lender and Borrower as follows.
COLLATERAL DESCRIPTION. The word "Collateral" means certain of Borrower's persanat property in which Lender has acquired or will acquire
a security interest, including without limitation the following specific property:
1989 Cabana DIegolTop Fun Blizzard Roller Coaster Train Serial N 8C36167589, whether now owned or hereafter acquired, together with
all increases, parts, fittings, accessories, special tools and accessions now or hereafter attached thereto or used in connection therewith,
and any and all replacements of all or any part thereof and any and all products and proceeds of any of the foregoing including general
intangibles.
Assignment of that certain lease agreement executed August 13, 1987 and entered into by and between the City of Lubbock, Texas
through its officers and Mackenzie Park Playground, Inc. dba Joyland Amusement Park together with all amendments of, extensions of,
modifications of and substitutions for the lease agreement subsequently executed.
All Inventory, Accounts, Equipment, Machinery, Rides, General Intangibles and Fixtures
BORROWER'S ASSIGNMENT OF LEASE. Borrower hereby assigns to Lender all of Borrower's rights in the Lease, as partial security for the
Loan. The parties intend that this assignment will be a present transfer to Lender of all of Borrower's rights under the Lease, subject to
Borrower's rights to use the Premises and enjoy the benefits of the Lease while not in default on the Loan or Lease. Upon full performance by
Borrower under the Loan, this assignment shall be ended, without the necessity of any further action by any of the parties. This assignment
includes all renewals of and amendments to the Lease or the Loan, until the Loan is paid in full. No amendments may be made to the Lease
without Lender's prior written consent, which shall not be unreasonably withheld or delayed.
CONSENT OF LANDLORD. Landlord consents to the above assignment. If Borrower defaults under the Loan or the Lease. Lender may reassign
the Lease, and Landlord agrees that Landlord's consent to any such reassignment will not be unreasonably withheld or delayed. So long as
Lender has not entered the Premises for the purpose of operating a business, Lender will have no liability under the Lease, including without
limitation liability for rent. Whether or not Lender enters into possession of the Premises for any purpose, Borrower will remain fully liable for all
obligations of Borrower as lessee under the Lease. While Lender is in possession of the Premises, Lender will cause all payments due under the
Lease and attributable to that period of time to he made to Landlord. If Lender later reassigns the Lease or, vacates the Premises, Lender will
have no further obligation to Landlord.
LEASE DEFAULTS. Both Borrower and Landlord agree and represent to Lender that, to the best of their knowledge, there is no breach or offset
existing under the Lease or under any other agreement between Borrower and Landlord. Landlord agrees not to terminate the Lease, despite
any default by Borrower, without giving Lender written notice of the default and an opportunity to due the default within a period of sixty (60)
days from the receipt of the notice. If the default is one that cannot reasonably be cured by Lender (such as insolvency, bankruptcy, or other
judicial proceedings against Borrower), then Landlord will not terminate the Lease so long as Landlord receives all sums due under the Lease for
the period during which Lender is in possession of the Premises, or so long as Lender reassigns the Lease to a new iessee reasonably
satisfactory to Landlord.
DISCLAIMER OF INTEREST, Landlord hereby consents to Lender's security interest (or other interest) in the Collateral and disclaims all
interests, liens and claims which Landlord now has or may hereafter acquire in the Collateral. Landlord agrees that any lien or claim it may now
have or may hereafter have in the Collateral will be subject at all times to Lender's security interest (or other present or future interest) in the
Collateral and will be subject to the rights granted by Landlord to Lender in this Agreement.
ENTRY ONTO PREMISES. Landlord and Borrower grant to Lender the right to enter upon the Premises for the purpose of removing the Collateral
from the Premises or conducting sales of the Collateral on the Premises. The rights granted to Lender in this Agreement will continue until a
reasonable time after Lender receives notice in writing from Landlord that Borrower no longer is In lawful possession of the Premises. If Lender
enters onto the Premises and removes the Collateral. Lender agrees with Landlord not to remove any Collateral in such a way that the Premises
are damaged, without either repairing any such damage of reimbursing Landlord for the cost of repair.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: This Agreement shall extend to and bind
the respective heirs, personal representatives, successors and assigns of the parties to this Agreement. The covenants of Borrower and
Landlord respecting subordination of the claim or claims of Landlord in favor of Lender shall extend to, include, and be enforceable by any
transferee or endorsee to whom Lender may transfer any claim or claims to which this Agreement shall apply. Lender need not accept this
Agreement in writing or otherwise to make it effective. This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas. If Landlord is other than an individual, any agent or other person executing this Agreement on behalf of Landlord represents and
warrants to Lender that he or she has full power and authority to execute this Agreement on Landlord's behalf. Lender shall not be deemed to
have waived any rights under this Agreement unless such waiver is in writing and signed by Lender, Without notice to Landlord and without
affecting the validity of this Consent, Lender may do or not do anything it deems appropriate or necessary with respect to the Loan, any obligors
on the Loan, or any Collateral for the Loan; including without limitation extending, renewing, rearranging, or accelerating any of the Loan
indebtedness.
AMENDMENTS. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as
to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and
signed by the party or parties sought to be charged or bound by the alteration or amendment,
NO WAIVER BY LENDER. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing
and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other
right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lenders right otherwise to demand
strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between
Lender and Landlord, shall constitute a waiver of any of Lender's rights or of any of Landlord's obligations as to any future transactions.
Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute
continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole
discretion of Lender.
SEVERABILITY. If a court of competent jurisdiction finds any provision of this Agreement to he illegal, Invalid, or unenforceable as to any
circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the
offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot he so
modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of
any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Agreement. Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise
defined in this Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code:
Agreement The word "Agreement" means this Landlord's Release and Consent, as this Landlord's Release and Consent may be amended
or modified from time to time, together with all exhibits and schedules attached to this Landlord's Release and Consent from time to time.
Borrower. The word "Borrower" means MACKENZIE; PART{ PLAYGROUND, INC. DBA JOYLAND AMUSEMENT PARK and includes all
co-signers and co -makers signing the Note and all their successors and assigns.
LANDLORD'S RELEASE AND CONSENT
Loan No: 826543 (Continued) Page 2
Collateral. The word "Collateral" means all of Borrowers right, title and interest in and to all the Collateral as described in the Collateral
Description section of this Agreement.
Landlord. The word "Landlord" means City of Lubbock, and is used for convenience purposes only. Landlord's interest in the Premises
may be that of a fee owner, lessor, sublessor or Iienhold er, or that of any other holder of an interest in the Premises which may be, or may
become, prior to the interest of Lender.
Lease. The word "Lease" means that certain lease of the Premises, dated August 13, 1987, between Landlord and Borrower..
Lender. The word "Lender" means PROSPERITY BANK, its successors and assigns.
Loan. The word "Loan" means any and all loans and financial accommodations from Lender to Borrower whether now or hereafter
existing, and however evidenced.
Note. The word "Note" means the Nate dated November 29, 2018 and executed by MACKENZIE PARK PLAYGROUND, INC. ❑BA
JOYLAND AMUSEMENT PARK in the prindpal amount of $200,000.00. together with all renewals of, extensions of, modifications of,
refinancings of, consolidations of, and substitutions for the note or credit agreement.
Premises. The word "Premises" means the real property located in Lubbock County, State of Texas, commonly known as 500 Canyon
Lake Drive, Lubbock, TX 79408.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Loan.
BORROWER AND LANDLORD ACKNOWLEDGE HAVING READ ALL THE PROVISIONS OF THIS LANDLORD'S RELEASE AND CONSENT, AND
BORROWER AND LANDLORD AGREE TO ITS TERMS. THIS AGREEMENT IS DATED NOVEMBER 29, 2018.
BORROWER:
NIACKEHZIE PARK PLAYGROUND, INC. D JOYLAND
AMUSEMENT PARK
JAMES DAVID DEA ",resident of MACKENZIE
PARK PLAYGROUND, INC. DBA JOYLAND
AMUSEMENT PARK
LANDLORD:
CITY OF UBSOCK
By:
Authorized Signer for City of Lubbock
By. Daniel M. Pope, MAYOR
Authorized Signer for City of Lubbock
LENDER:
PROSPERITY BANK
x
Bruce Curlee, Senior Vice President
L—P. V. 18.3 11 =i CW A-.. ... B M1! N Nyln R,1.—d . TX C W %-Pµ MPLTe FC T ,O FIR I
EXHIBIT 1
ME
0 '
JOYLAND AMUSEMENT PARK
LEASE AGREEMENT
THE STATE OF TEXAS
i�NOW 'ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK �
That the following agreement made and entered into by and be-
tween the CITY OF LUBBOCK, TEXAS, hereinafter called "City", acting
by and through its officers heretofore duly authorized to execute
this instrument, and upon the recommendation of the City of Lubbock
Parks and Recreation Board, subject to the approval of the Texas
State Parks Board, and MACKENZIE PARK PLAYGROUND, INC. d/b/a JOY -
LAND AMUSEMENT PARK, hereinafter called "Concessioner", of Lubbock
County, Texas.
W I T N E S S E T H:
Section 1
That for and in consideration of the rental as hereinafter
provided, the City of Lubbock does hereby lease and let to Cvnces-
sioneriall of the area in Mackenzie State Park known as Joyland
Amusement Park, in the County of Lubbock, State of Texas, and
within the corpgrate limits of said City of Lubbock, for a term of
ten (10) years, beginning the 1st day of October, 1987, and termi-
nating on the 30th day of September, 1997, and said lease shall be
automatically extended for an additional term of five (5) years
from the 1st 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
1fi
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 are 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 Hoard, 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 Hoard, the State of Texas and the Texas State Parks
Hoard. This agreement applies to all existing laws, rules, regula-
tions and ❑rdinances and all laws■ rules, regulations and ordi-
nances hereinafter enacted or which may become effective while this
agreement remains in force.
Section 3
Concessioner further agrees, binds and obligates itself to
keep said Joyland Amusement park in a clean and sanitary condition,
and to maintain all plants, trees, grasses, buildings and improve-
ments in such a state of repair as the same are in at the commence-
ment of this lease, reasonable use and wearing thereof excepted,
and plants, trees, grasses, buildings and improvements placed in
said Joyland Amusement Park during the term of this agreement shall
be maintained in such a state of repair as the same are in at the
time of their installation or construction, reasonable use and
wearing thereof excepted. In helping to maintain Joyland Amusement
Park, the City agrees to furnish a parking lot or lots of suffi-
- 2 -
M
❑ient size to meet the needs of the public in its use of said Joy -
land Amusement Park. The City also agrees to provide water to Con-
cessioner.
Section 4
Concessioner agrees to make capital improvements on Joyland
Amusement Park commensurate with the growth in gross revenues
generated by said Joyland Amusement Park and which, in this
Concessioner's opinion, will enhance the value, patrons' use and
revenue of Joyland Amusement Park, and any permanent improvements
such as buildings, etc. so erected by Concessioner on the leased
premises shall become the property of the City at the expiration of
this lease agreement; provided, however, that all temporary
improvements such ds rides, etc. shall remain the personal and
removable property of Concessioner.
Section 5
Concessioner shall maintain at all times during the term of
this agreement, at Concessioner's sole expense, insurance with an
insurance underwriter acceptable to the City and authorized to do
business in the State of Texas, as follows:
(1) Comprehensive General Liability Insurance in the amount
of ONE MILLION AND N01100 DOLLARS ($1,0000000.001
(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 -
0
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 s¢me 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 (z);the construction of new im-
provements.
- 4 -
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 farce and effect until ten (10) days after such notice
is received by the City secretary.
Section b
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 -
files and other matters pertinent thereto, which Concessioner shall
at all times maintain and make available t❑ 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, ❑n the lath 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 ❑f this
lease agreement is payable as follows;
As a part of the consideration for the execution ❑f this
agreement, Concessioner shall pay to the City a monthly rental
- 6 -
based an gross receipts
from amusement rides according to the
following scale:
$ 0.00
to
$250,000
5%
$250,000
to
$275,000
51%
$275,000
to
$300,000
6%
$300,000
to
$325,000
611
$325,000
to
$350,000
7%
$350,000
to
$375,000
7}$
$375,000
to
$400,000
8%
$400,000
to
$425,000
8f$
$425,000
to
$450*000
9%
$450,000
to
$475,000
91%
$475,000 '
to
$500,000
10%
and further, that a percentage
on the gross
receipts for all
food concessions other than rides will be two percent (2$) and
will be raised one half
percent
(.5$) according to the in-
crease in amusement ride revenue as stated above.
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 corning 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 net 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
Parks and Recreation of the City of Lubbock and the Parks and
Recreation Hoard and, when required, the consent of the Texas State
Parks Hoard.
Section 11
if Concessioner shall neglect or otherwise fail to perform or
observe any of the covenants contained in this instrument which are
to be performed by Concessioner, or shall be declared bankrupt ac-
cording to law, or if any assignment shall be attempted to be made
of said leased premises for the benefit of creditors, the City may
lawfully and immediately or at any time thereafter, and without
further notice or demand, enter into and upon the leased premises,
or any part thereof in the name of the whole, and repossess the
same, and expel Concessioner and remove Concessioner's effects
without being deemed guilty of any manner of trespass, and without
prejudice to'any remedies which might otherwise be used for obtain-
ing possession of the premises or rent in arrears, and upon entry
as aforesaid the rights of Concessioner in this lease shall cease
and be ended.
Section 12
It is mutually agreed and understood by and between both par-
, !�
ties hereto that at the expiration of this lease the same may be ,
renewed for a period not to exceed ten (10) years, with the terms
and conditions to be agreed upon by both parties.
- B -
.ea THIS AGREEMENT IS EXECUTED IN QUADRUPLICATE this, the 1 t�,h
day of _ August 1987.
CITY OF LUBBOCK
t `
BY: .
8- C. M MI N, MAYOR
ATTEST:
Ranette yd, city Secret r
APPROVED TO CONTENT:
Les Osborn, Director '3f
Parks and Recreation
APPROVED AS TO FORM:
arold Willard, Assistant
City Attorney
MACKENZIE PARK PLAYGROUND, INC.
dlbla JOYLAND AMUSEMENT PARK
BY:
TEltAS STATE PARK' S BOARD
BY:
- 9 -
nesotuclan Va . 3vyw
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 loyland 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 fu ly copied herein in detail.
Passed by the City Council this 8th day of February , 1996.
ATTEST:
.(-2-z' - kk
Betty M. lob son, ity Secretary
APPROVIiD A$ -TO CONTENT:
— llrtAl�- 1/" �L
C ,afolyn iamuS, Direct r of Culture�
I.eistre Services
APPROVED AS TO FORM:
9::Sta V4&6j
arold Willard, Assistant City Attorney
IHW:dalccdoesJa joyInd.res
January 30, 1996
2. 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 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 I0 of the agreement is hereby deleted from the agreement.
3. 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 I day of February , 1996.
TY OF BOCK MACKENZIE PARK PLAYGROUND, INC.
/� dlbla ]OYLAM] AMUSEMENT PARK
BY:
R. LANGS"TON, MA'
ATTEST:
BettyM. Johnson, City Secretary
n
APPROf�ED AS TO 4 ENT:
C v/L r•� f f ��
trolyn iamus, Director of Cujtwe
d Leisbre Services
APPROVED AS TO FORM:
-A"a ' &J
Harold Willard, Assistant City Attorney
HW:dalcitysda joytnd.doc
January 30, 1996
Y: ' iJ 6
FIRST AMENDMENT TO JOYLAND AWUSEMENT PARR
LEASE AGREEMENT
Page')
Apr-19-01 01:10P
1
i'
t
i�
to.u.x
WOLUTION NO.5428
Item f 1G
February 27. 1997
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 wW on behalf of the City of Lubbock a Second Amendment to the Joyland
Amusement Park Lease Agreowmt, amwJmd hereto and which shell be spread upon the minutes
of the Council and as spread upon the nunutes of this Council sha1) constitute and be a pan of this
Resoltnion as if Cully copied herein in detail.
Passed by the City Council this 27tb day of February . 1997.
Fdarofe- r
L)-w
VE!vy, 0., r �`
M,
9
ATTEST:
Kathie�3airnen, City Secretary
APPROVED ASrTO CONTENT:
Carolyn Aliamus-Omnuk Dir ctor of
Cultursand Leisure Services
APPROVED AS TO FORM:
Al CQ
ti
ld G. V ver, First Assistant
City Attorney
tlGv;Ph0*w1wwCLM
Apr=19-01 al : l0P
SECOND AMENDMENT
IOYLAND AMUSEMENT PART{
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
P.01
a�L.JVLYIILN Irv. rr«e
Item !16
February 27, 1997
KNOW ALL MEN BY THESE PRESENTS
THIS Second Amendment to the Joyland Amusement Paris Lease Agreement
entered into by and between the City of Lubbock, Texas, hereinafter called "City," and
MacKenzie Park Playground, Inc., dVa Joyland Amusement Park, hereinafter called
"Concessioner."
WI?NESSE fH:
WHEREAS, on or about the 13th day of August, 1997, City and Concessioner
executed a Lease Agreement whereby the City leased to Concessioner all of the area in
Mackenzie Park for n term of ten (l 0) years with an additional temp 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 February, 1996; and
WHEREAS, both parties for good and valuable consideration desire to further
amend said Lease Agreement by amending Section 9 to mad as follows.
Section 9
The consideration for the execution and acceptance of this Lease Agreement is
payable as follows:
As a part of the consideration for the execudon of this agreement, Concessioner
shall pay to the City a monthly rental ilased ort trrvss recran_ from Joyland Amusement
Park according to the following scale:
OTHER
RIDES RECEIPTS
S 1
to S250,000
5%
2% �
$250,001
to S275,000
5117%
21/7%
S275,001
to $300,000
6%
3%
3300,00I
to 3325,000
61/2%
3112%
S325,001
to $350,00Q
7°fa
4%
JOYLAND AMUSEMENT PARK
ADDITIONS AND IMPROVEMENTS
1989
1999
1991
1992
1993
1994
1995
Addition of the Round -Up Ride
Added the animated Bonanza Shooting Gallery
Replaced the Go -Karts with the Galaxie Coaster
Our desire was to enhance the family atmosphere
Expanded the midway
Built a new building and moved the Bonanza Shooting Gallery
Built another building for.
The Shoot Out The Star Game
Additional arcade equipment
Concession
Shade and picnic tables
New Entrance and additional gates
Resurfaced the Midway
Added the Rock -❑-Plane Ride
Built an additional games building and added:
The Frog Game
Hot Shots Basketball Game
Added the Dart Game
Added the Space Shuttle Ride
Water Wars Game
"Sunport" shade and additional tables with benches
Resurfaced the Midway
New Arcade games
New and Expanded Games Redemption Area
Outdoor air conditioning - mist system
GROSS REVENUE ON
RIDES AND CONCESSION
Percentage Gross
To City Income
1989
Rides: $250,000.00 at 5% $12.500.00 $291.288.96
$ 41,288.96 at 5 1i2% 2,270.89
Concession: $ 43.250.93 at 2% 897.30 3,250-93
TOTAL $15,668.19 ;334,539.89
Rides: $250,000.00 at 5% $12,500.00 $292,427.95
$ 42,427,95 at 51L2% 2,333.54
Concession: $ 44,4315.05 at 2% Offi.3-0 44,315.05
TOTAL $15,719.84 $336,74_ 3.00
1991
Rides: $250,000.00 at 5% $12,500.00 $304,940.17
$ 54,940.17 at 5112% 3,021.71
Concession: $ 49,461.81 at 2% 219.24 49.461.4
TOTAL $16,510.96 $354,401.98
1992
Rides: $250,600.00 at 5% $12,500.00 $288,176.32
$ 38,176.32 at 5112% 2,099.70
Concession: $ 53,541.88 at 2% 1,070.84 53.541.88
TOTAL $15,670.64 $341.718.20
1993
Rides: $250,000.00 at 5% $12.500.00 $316,402.55
$ 66,402.55 at 5112% 3.652.14
Concession: $ 67,582.85 at 2% 1,351.66 67,582.85
TOTAL $17,603.80 $393,986.40
1994
Rides: $218,227.83 at 5% $10,911.39 $283,265.45
$ 85.037.62 at 5112% 3,577.07
Concession: $ 56,794.75 at2% 1,218.45 M.794.75
TOTAL j15�$340,06 0
1996
Rides: $246,279.55 at 5% $12,313.98 $322,896.40
$ 76.616.85 at 5 1!2% 4,213.93
Concession: $ 62,405.97 at 2% 1,319.84 62.405.97
IWITAI Q47 QA7 VC *aloe en.n.5:
Contract M Change Order #: Requisition #; !TB# / RFP# I RFQ# (it Applicable;),
CONTRACT COVER SHEET
See Step -by -Step Contracting Process on CLIC for Instructions
(rype or Print all infarmadart ivirtr the exception of Signatures and Signature Dates)
vorwtsrd 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 Contract Cover Sheet (for inicmal City use only), minimum of
three (3) originals of the contract or amendment; and minimum of three (3) originals of al) other cenifications and contract addenda.
Attached Contract must lie "Approved as to Content" by Director and "Approved as to Form" by Legal, The following signattires arc
required io prurm;s Contract Cover Sheet IMPORTANT: I ach person Wia Signs the Contract 0wer Slicct must carertell) review [hc
attaclied contract ducumcitt hcrore signing the connract ctna bhcrr
Risk Manager. Ins Cali Regd: Rate
Dir of Fiscal Polity Date:
Ass( City Manager/Chief. Date:
Originating Dept and Individual Responsible for Ensuring Contract Terms and Contract Compliance:
Department: Parks and Recreation
Phone dumber. 806.775.2671
Information for Vendor/Contractor/Agene;
Name of Entity:
.Joyland Amusement Park
Andress:
Mackenzie Park
City:
Lubbock
Contact Name:
David Dean
Contract Signatory:
David Dean
Phone 9:
848.763.2719 Fax #:
Contract Information:
Name: Randy Truesdell
Title: Community Services Director
or Other Entity City of Lubbock is
State. TX Tip: 79404
Title. Operator
E-mail:
With:
Stief Description of Goads or Services or arrangements covered by the terms of tha contract:
doyland Amusement Park Lease Agreement, First Amendment . to modify the length of the initial term from ?1280 to 2128111
and to delete 'Texas Perks and Wildlife' from agreement • Section i
Effective Date, ® Upon Execution by Authorized Signatories OR Other (Specify Date): 2JIV1996
End Date: Notice To Proceed + (Specify # of Days) OR other (Specify Date): 21281201 i
Financial Information
Cost Cenler. Account it: Amount: Not To Exceed: $Eased on
ocher; monthly rental
based on gross
receipts from
amusment rides
according to scale
In contract.
CsatmctCoVcTShW doe (Rev 0009105)
Contract t Change Order #:
Will Contract Yes, we amount below
Generate if so, amount: $Based on
Revenue: monthly rental based on
gross remipis from
amusment rides according
to scale in Contract.
Requisition #, ITB# i RFP# ! RFQ# (If applicable);
Reviewed by Pufchasing/Contract Manager.
Project Number (f applicable]:
Will Contract Be Paid From Grant Funds: No
Notes:
Dale:
CanimctCavrrShcc1.dnc (Rry WOO105}
Contract Form and Signatory
Contract: General Agreement Signatory: Mayor
Contract Cheeldist (Not applicable 10 Clratrge Orders or
1. Is this individual or owner of this business an officer or employee of the City of Lubbock? No
[Note: If Yes, City policy may not allow us to write a contract for this individuallvendor.) if unsure, check with Legal.
2. Are all documents in order and submitted at least 5 business days prior to the start date for services for standard contracts oral least 20
business days prior to start date for services if using a non-standard contract? Contract will begin "Bate of Full Execution"
[Note: If No, and not associated with a building repair, complete a'Justiiication for Untimely Contract Submittar form.)
3. Does the contract, Licensing Agreement, insurance or other document requiring signature originate from the vendor? Yes - SEE NOTE
(Nole: 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 (806) 775-2277.)
5. Does the contract involve the purchase of hardware, software, firmware or computer component acquisition? No
jNole: if Yes, A Purchase Requisition from Informallon Technology is required. Contact IT at (806) 775.2374.)
6. Does the contract involve a urA chase valued at $2,50D or more? No
[Note: If Yes, A Purchase Requisition is required. For assistance, contact your Buyer in the Purchasing Department.)
T. Does the contract involve a purchase valued at $25,000 or more? No
(Note: If Yes, Formal Competitive Sealed Bidding is required. For assistance, contact your Buyer in the Purchasing Department.)
8, Does the contract involve ConsufGng Services valued at 325,0D0 or more? No
[Note: If Yes, requires Request for Qualifications. Contact Purchasing Manager (t305) 775.2165.)
9, Does the contract involve purchase of construction valued at $25,00D or more? No
[Note.: If Yes, Requires Payment Bond,)
10. Does the caniracl Involve purchasie of construction valued at 3100,11W or more? No
jNote: 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 conlracl require language for Child Support certification? Not Applicable
jNale: If Yes, atlach Child Support Certificalian, form OCA-S-99.25 for slate funded acquisition]
13. If federal or state funded, does the contract include all clauses required by federal or slate statutes and executive orders and their
Implementing regulations? Not Applicable
14. If the purchaseltransaction involves the purchase, lease, acceptance as a gift, etc. of real estate, has an environmental site assessment
(ESA) been perforrtted an the property? Not Applicable
[Note: If No, contact Environmental Compliance at x2880 or x2119,1
Contract Award by City Council (enter applicable infor►r aHon)
Council Date: 201996 Council Agenda Ilem #: 15 Resolution # 5094
The complete package includes one (1) copy of the completed Contract Cover Shect (for internal City use only); minimum of three (3)
-knZinals of the contract or nmeadment; and minimum of three (3) originals of all other certirications and contract addenda. Forward the
rmplete contract package to Contract Management, Municipa3 Building Suite 204,for review, approval and contract execution-
contractCo❑e5hcei tioc (Rev OW09105)
Contract Summary
Contract Title: 5094, Resolution; Joyland Amusement Park 2-08-1996; Lease Amendment
ProjectMurpose: Amending the agreement leasing all the area in Mackenzie State Park ]mown as
Joyland Amusement Park to Mackenzie Park Playground, Inc.
Execution Date: February 8, 1996
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 I' day of March, 2006, to the 280 day
of February, 2011, unless either party to Us 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°/a). Further, a percentage on the gross receipts
for all food concessions other than rides will be two percent (21%) and will raise one-half percent
(0.51/16) according to the same scale as amusement tide 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 10d' 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, Ala Joyland Amusement Park
Point of Contact &Tel #: Dean, no phone number given �p �1 i
Contract Administrator: Corbin Pemberton, (806) 775-2689
Mandatory Reports/ Meetings:
(1) The City also agrees to provide water to Concessioner.
(3) The City and its duly authorized agents and representatives are hereby authorized by
Concessioner to at all times and seasons enter Joyland Amusement Park and all
buildings and equipment on the leased premises for the purpose of inspecting the
entire area for all lawful purposes.
(4) Concessioner agrees to notify and request approval in writing from the City's
Director of Parks and Recreation for any and all changes, additions or alterations in
the design and placement of facilities in Joyland Amusement Park.
(5) Concessioner shall maintain the following:
1 of 3
5094, Resolution; JoyIand 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:
(I) 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,
gasses, 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 teen 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
Ws lease agreement; provided, however, that all temporary improvements such as tides, etc,
shall remain the personal and removable property of Concessioner.
Amendments
WHEREAS, on or about the 13'h day of August, 1987, City and Concessioner executed an
agreement whereby City leased to Concessioner all of the area in Mackenzie Park known as
Joyland Amusement Park for a term of ten (10) years and an additional terra of five (5) years;
and
WHEREAS, both parties for good and valuable consideration now desire to modify the length
of the initial term of the above -described agreement to enable Concessioner to obtain financing
for improvements to the park facility; and
WHEREAS, both parties to this Amendment also desire to delete or eliminate those provisions
in the agreement requiring approval or consent of the Texas Parks and Wildlife Department
because such approval or consent is no longer required;
NOW THEREFORE: The agreement is amended in the following manner:
(1) Section 1 of the agreement is amended to read as follows:
2 of
5094, Resolution; Joyland Amusement Park 2-08-1996; Lease Amendment
a. That for and in consideration of the rental as hereinafter provided, the City of
Lubbock does hereby lease and let to Concessioner all the area in Mackenzie Park
known as ]oyland Amusement Park, in the County of Lubbock, State of Texas,
and within the corporate limits of said City of Lubbock, for a term beginning the
1 s1 day of October, 1987, and terminating on the 28`h day of February, 2006, and
said lease shall be automatically extended for an additional term of five (5) years
from the 1" day of March, 2DD6, to the 28`6 day of February, 2011, unless either
party to this agreement shall give written notice of termination to the other party
before the expiration of the initial term, and provided said lease in not terminated
earlier by mutual agreement, or as hereinafter provided.
b. That the phrase "subject to the approval of the Texas Perks and Wildlife
Departmeni" contained in the first paragraph on page I. of the agreement is hereby
delete from the agreement.
c. That the phrase "and the Texas Parks and Wildlife Departmeni" contained in
Section 2 of the agreement is hereby deleted from the agreement.
d. That the phrase "and, when required, the consent of the Texas Parks and Wildlife
Department" contained in Section 10 of the agreement is hereby deleted from the
agreement.
e. That the agreement between the City and Concessioner to which this Amendment
is applicable shall be modified and amended only as expressly stated herein and
is hereby ratified and affirmed in all other respects.
3 of
5094, Resolution; Joyland Amusement Park 2-08-1996; Lease Amendment
Resolution No. 2006-RO505
October 13, 2006
Item No, 5.38
RESOLUTIQN
BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY OF LUB13OCK:
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., dlbla ]oyland
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 13th day of bctober , 2006.
DAVID A. bftLER, M.P . t�
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
141'6��'
R dy truWdell, Parks and Recreation Director
APPROVED AS TO FORM.
Vandiver, Attorney o
0Dm1Jay1wWL axAffvndG6Res
5eptemba 25, 2605
Resolution No. 2006-RO505
October 13, 2006
Item No. 538
THIRD AA+IENDN ENT
JOYLAND AMUSEMENT PARK
LEASE AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS THIRD AMENDMENT to the Joyland Lease Agreement of August 13, 1987, is
entered into by the City of Lubbock (referred to herein as "City'), a home rule municipality of
Lubbock County, Texas, and Mackenzie Park Playground, Inc., d/b/a Joyland Amusement Park
(referred to herein as "Concessioner").
WITNESSETH:
WHEREAS, an 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 terra of
ten (10) years with an additional term of five (5) years; and
WHEREAS, both parties for good and valuable consideration on or about February 8,
1996, modified the initial term of said Lease Agreement in a First Amendment to enable
Concessioner to obtain financing for improvements to the park facility; and
WHEREAS, both parties for good and valuable consideration on or about February 27,
1997, further modified said Lease Agreement in a Second Amendment with regard to lease
payments; and
WHEREAS, both parties for good and valuable consideration desire to further amend
said Iease 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 of the City of Lubbock, as are further described by metes and bounds
on Attachment A hereto and as indicated on the map attached hereto as Exhibit B. Both of said
exhibits are incorporated herein and made a part hereof for all purposes. The term of this lease
shall be from the date of execution hereof by the parties through October 31, 2021, unless either
party to this agreement shall give written notice of termination to the other party before the
expiration of the initial tern, and unless said agreement is not terminated earlier by mutual
agreement, or as hereinafter provided.
Section 9
The consideration for the execution and acceptance of this Lease Agreement is payable as
follows:
An annual payment of $38, 333 per year to be paid in four payments of $9,583.25 due
June 1, July 1, August l and September 1. The first payment will be due June I, 2007.
Additional Provisions
1. The City will remove such park playground equipment as may be reused from the area
of the Joyland expansion. Concessioner will be responsible for any additional demolition
required in the expansion area.
2. Concessioner will be responsible for construction of new parking lots needed for the
expansion. Such lots shall be located on land adjacent to the expansion owned by the City and
the City shall have joint use of such new parking lots.
3. Concessioner shall be responsible for any archeological and environmental testing and
reported required as part of the expansion.
4. That the Lease Agreement and the amendments thereto are modified and amended only
as expressly stated herein and all other provisions shall remain in full force and effect.
EXECUTED this 13th day of October , 2006.
CITY OF LUBBOCK:
r• ti t � a•
ATTEST:
Re ecca Garza, City Secretary
CONCESSIONER:
APPRO AS Q C ENT:
6.
Randy'Truesdell,arks and Recreation Director
APPROVED TO FORM:
Al r%,-C7,W �7—
on an fiver, Anorn of Counsel
dVconlloybnd c.re,nead3
SWwu,ba 26. 2006
No Text
Resolution No. 200&RQSo!
October I3, 2006
Item No. 5.38
ATTACHMENT A
A 2.24 ACRE TRACT OF
LAND IN MACKENZIE PARK,
CITY OF LUBBOCK, TEXAS
BEGINNIiNG at a point which is the intersection of a fence on the approximate North Right -of
Way line of U.S. Highway 62J82 and a fence which is the present Westerly boundary Gran existing
amusement park, described in Attachment "B" orprior agreement.
THENCE Westerly, with the 4 foot chain link Fence on the North R-❑-W line of U.S. Highway
62182 a disunce of 408.2750 feet to a 16p nail in said fence;
THENCE Northerly, with said fence a distance of 211.1993 feet at 87^37'30.8" to a 16p nail;
THENCE Easterly. a distance of 310,9166 Feet at 92A24'52.6" to a 2 518" existing 6 foot comer
fence post at the South side or parking lot;
THENCE Southerly, following said 6 foot chain link fence on the west edge of said existing
amusement park and a distance of 294.5290 Feet at I07^34'43.6" to the Point of beginning.
Prepared from sketch
October 9, 2006
Client#: 5529
MACKEPAR
ACORD . CERTIFICATE OF LI► 131LITY INSURANCE DA-MIMMI°WYM
Q4120/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND COFFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT- If the certificate holder Is an ADDITIONAL INSURED, the pollcyliesj must be endorsed. It SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, cartain policies may mqulra an andarsement. A statement an this corllRcate does net confer rights to the
cerlficate holder in lieu of such ondorssment(s).
PRODUCER I NAa1E cr
Haas & H111kerson Insurance gi3 432-44D0
4300 Shawnee Mlsslon Parkway [W—"L--
No
Fairway, KS 66205 9i3 4
32.44fl0 INS s AFFORDINGcavaRAcc NAIGNI
INSURER A: ACE American insurance Company 22667
eNSUREa Mackenzie Park Playground dba INSURER S.
Joy(and Amusement Park INSURER c
PO Box 2262 INSURER p
Lubbock, TIC 7940E INSURER E:
INSURER F o
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIO0
INDICATED NOTWITHSTANDING ANY REOUIREAIENT. TERM OR CONDITION OF IRNY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES OlUeh ACORO I If, Addlllwull Romarka Schedule, NI fmia apace to squired)
Additional Insured: City of Lubbock
City of Lubbock Parks SHOULD ANY OF THE ABOVE DESCRIBED P'OLMAES BE CANCELLED 9EFOAH
THE EXPIRATION DATE THEREOF, NOTICE WELL BE OELIVERED IH
and Recreation ACCORDANCE WITH TH2 POLICY PROVISIOMS.
PO Box 2000
Attn: Randy Truesdell AIJTHORLMREPRESENTATM
Lubbock, TX 79457 � p
01908.2010 ACORD CORPORATION. All rights reserved,
ACORD 25 (201GMS) i of 1 Tha ACORD name and logo are reeleLered marks of ACORD
POLICY NUMBER: G23976936
COMMERCIAL GENERAL UABIL ITY
GG 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
Name Of Additional Insured Persons Ord aniration s
1. The organization that manages the event.
2. The political stab -division who grants you penrlission 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.
5. 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.
Information r uired to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or argank
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 pan:, by your acts or omissions or the acts or Emis-
sions of those acting on your behalf:
A. In the performance of your ongoing operations; or
B. in connection with your premises owned by or
rented to you.
LOAVva (OY07)
CG 20 26 07 04 (b ISO Properties, Inc., 2004 Page 1 of 1 ❑
Contract #: Change Order #. Requisilion #: ITB# I RFP# I RFOff (i( Applicable):
CONTRACT COVER SHEET
See Step -by -Step Contracting Process on CLIC for Instructions
(Type or Print all information ovitli rite arception ojSigrratrrrer and Signature Dates)
ronvard the complete contract Package So Contract Management, Municipal Suitding Suite 204, for review, approval and contract
execution. The cornpicte package includes one (1) ropy of the completed Contract Cover Sheet (for internat City use only); minimum of
three (3) originals or the contract or amendment; and minimum orthrce (3) originals or all other certifications and contract addenda.
Attached Contract must be "Approved as to Content" by Director and "Approved as to Form" by Legal. The tailoeving signawrt�% are
required Orr process Cvntrael Cover Sheel. IMPORTANT: t ach pcmoo who signs the Canute[ Cavcr Shed nrust c,3rciuil) m%iu%s €hc
rutaclICd cull irtt:l document W, bre. iigninu Ihc_conIW cover shecl.
Risk Manager. Ins Cert Reqd: Date:
Dir of Fiscal Policy Date:
Asst City Manager/Chief: Date:
Originating Dept and Individual Responsible for Ensuring Contract Terms and Contract Compliance:
Department: Parks and Recreation Name: Randy Truesdell
Phone Number: 806.775.2671 Me: Community Services director
Information for VendorlContractorlAgeney or Other Entity City of Lubbock is Contracting With:
Name of Entity:
Address:
City:
Contact Name:
Jayiand Amusement Park
Mackenzie Park
Lubbock
David Dean
Contract Signatory. David Dean
Phone #: OD6.763.2719 € Fax #:
Contract Information:
State. TX Zip: 79404
Title: Operator
E-mail:
Brier Description of Goads or Services or arrangements covered by the terns of the contract
Joyland Amusement Park Lease Agreement, Second Amendment - concesslorer shall pay City a monthly rental based art
gross receipts according to scale in agreement - Section 9
Effective Date: ® Upon Execution by Authorized 5ignalodes OR Other (Specify Date): 2(2711997
End Date: Notice To Primed + ' (Specify # of Days) OR Other (Specify Dale): 2/2812011
Financial Information
Cost Censer, Account #: Amount: Not To Exceed. $Based on
Mer. monthly rental
based on gross
receipts from
amusment rides
according to scale
in contract
ContractCuvershrct doc (Rcv 46109105)
Contract #:
Writ Conlrad
Genefale
Revenue:
Change Order #: Requisition #, ITS# I RFP# I RFQ# (if ApplicaGre}:
Yes, see amount below
If so, amount: $Based cn
monthly rental based on
gross receipts from
amusment rides according
to scale in canBact
kevimcd by PurchasinglConirrtct Manager.
Project Number (if applicable):
Will Contract Be Paid From Grant Funds: No
Noles•
Date
ContraciC❑ver5ticet Jac (Hey 06M9105)
ContractForrrt and Signatory
Contract: General Agreement
Signalory: Mayor
Contract Checklist (Nat applicable to Chairge Orders orAnteadments)
1. is this individual or owner of this business an officer or employee of the City of Lubbock? No
I (Note: If Yes, City policy may not allow us to write a contract for this tndividuallvertdor.] if unsure, check with Legal.
2. Are all documents in order and submitted at least 5 business days prior to the start date far services for standard contracts or at least 20
business days prior to start date for services if using a non-standard contract? Contract will begin "Date of Full Execution" �
[Note: If No, and not associated with a building repair, complete a'JusbFication for Untimely ConimciSubmftlal' form.]
3. Does the contract, Licensing Agreement, insurance or other document requiring signature originate from the vendor? Yes - SEE NOTE
[Note: If Yes, musl be reviewed by Legal. Forward to Purchasing Department.]
4. Does the contract Involve work by the conlraclor on City owned property? No
(Note: If Yes, contact Risk Management at (006) 775-2277,)
5, Does the contract Involve Ilie purchase of hardware, software, firmware or computer component acquisition? No
{Note: If Yes, A Purchase Requisition from Information Technology is required, Contact IT at (806) 775-2374 j
6. Does the contract involve a rAu chase valued at $2,500 or more? No
[Note: If Yes, A Purchase Requisition is required. For assistance, contact your Buyer in the Purchas(ng Department.)
7. Does the contract involve a purchase valued at 325,ODO at more7 No
[Note: if Yes, Formal Competitive Seated Bidding is required. For assistance, contact your Buyer in the Purchasing Department.)
S. Hoes the contract involve Consulting Services valued at $25,000 or more? No
[Note: If Yes, requires Request for Qualifications. Contact Purchasing Manager (806) 775.2165.)
9. Does the contract involve purchase of construction valued at $25,000 or more? No
[Note: If Yes, Requires Payment. Bond.]
10. Does the contract involve purchasis of construction valued al $100,000 or more? No
[Note: If Yes, contract requires Performance Sand)
11. Does the contract include language for Insurance Requirements? No
(Note: If Yes, conlacl Risk Management at (aD6) 775-2277.)
12. If state funded, does the contract require language far Child Support certification? Not Applicable
(Note: 1f Yes, attach Child Support Certification, fonm OCA-S-99-25 for state funded acquisition.]
11 If federal or state funded, does the contract include all clauses required by federal or state statutes and execulive orders and their
implementing regulations? Not Applicable
14. If the purchaWiransaction invaives the purchase, lease, acceptance as a gig, etc. of real estate, has an environmental site assessment
(ESA) been performed on the properly? Not Applicable
[Note: if No, contact Environmental Compliance at x2880 or x2119.)
Contract Award by City Council (enter applicable infonnation)
Council Dete: 212711997 Council Agenda Item 0: 15 Resolution #: 5428
The complete package includes one (t) copy orthe completed Contract Cover Sheet (for intemat City use only); minimum of three (3)
originals orthe contract or amendment; and minimum of thret (3) originals orals other certifications and contract addenda. Fonvord the
atapitte Contract package la Contract Management, Municipal Duilding Suite 204,for revie+v, approval and contract execution.
ContnciCnvcr5hcci.dac [Rev W09105y
Contract Summary
Contract Title: 5428, Resolution; Joyland Amusement Park 2-27-1997; Lease Amendment
Project/Purpose: Amending the agreement leasing all the area in Mackenzie State Park known as
Joyland Amusement Park to Mackenzie Park Playground, Inc.
Execution Date: February 27, 1997
End Date: Extended to 2Wh day of February, 2006, and said lease shall be automatically
extended for an additional term of five (5) years from the I" day of March, 2006, to the 28"' day
of February, 2011, unless ?oher party to this agreement shall give written notice of termination
to the other party before the expiration of the initial term, and provided said lease in not +
terminated earlier by mutual agreement, or as hereinafter provided
Contract Amount: Concessioner shall pay to the City a monthly rental based on gross receipts
from amusement rides according to the following scale:
OTHER
RIDES RECEIPTS
$1 to $250,000 5.0% 2.0%
$250,001 to $275.000 5.5% 2.5%
$275.001 to $30a,000 6.0% 3.0%
$3G0,001 to $325,000 6.5% 3.5%
$325,001 to $350,000 7.0% 4.0%
$350.001 to $375,000 7.5% 4.5%
$375.001 to $400,000 8.0% 5.0'%
$400,001 to $425,000 8.5% 5.5%
$425.001 to $450,000 9.0% 6.0%
$450,001 to S475,000 9.5% 6.5%
$475,001 to $500.000 10.0% 7.0%
More then 36600,001 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/Procedare: Concessioner shall pay on the I0'h day of the following month to
the City a monthly rental based on gross receipts from amusement rides and food concessions as
listed above.
Contractor: Mackenzie Park Playground, Inc. d/b/a Joyland Amusement Park
J)P/i0
Point of Contact & Tel #: $ I�ed' rl= . �'^nn n�,fn4.Pr ^ 6- ZI Iq
Contract Administrator: Corbin Pemberton, (806) 775-2689
Mandatory Reports/ Meetings:
(1) The City also agrees to provide water to Concessioner.
1 of),.
5428, Resolution; Joyland Amusement Park 2-27-1997; Lease Amendment
(3) The City and its duly authorized agents and representatives are hereby authorized by
Concessioner to at all times and seasons enter Joyland .Amusement Park and all
buildings and equipment on the leased premises for the purpose of inspecting the
entire area for all lawful purposes.
(4) Concessioner agrees to notify and request approval in writing from the City's
Director of Parks and Recreation for any and all changes, additions or alterations in
the design and placement of facilities in Joyland Amusement Park.
(5) Concessioner shall maintain the following:
a. Consecutively numbered ticket system,
b. Detailed report of gross income from all sources to be furnished to City, and
c. Complete, detailed and accurate financial bookkeeping records which shall be
provided subject to audit.
Performance Standards:
(1) Concessioner further agrees, binds and obligates itself to keep said Joyland
Amusement Park in a clean and sanitary condition, and to maintain all plants, trees,
grasses, buildings and improvements in such state of repair as the same are in at the
commencement of the lease, reasonable use and wearing thereof excepted, and plants,
trees, grasses, buildings and improvements placed in said Joyland Amusement Park
during the term of this agreement shall be maintained in such a state of repair as the
same are in at the time of their installation or construction, reasonable use and
wearing thereof excepted.
Deliverables: NA
Insurance; Concessioner shall maintain at all times during the term of this agreement, at
Concessioner's sole expense, insurance with an insurance underwriter acceptable to the City and
authorized to do business in the State of Texas, as follows: Comprehensive General Liability
Insurance ($1,000,0DO- O), 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 Ieased 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.
or a ut he 1I" day of August, 1987, Ci and Cott sinner executed an
ity leas to a sinner o area nit Mack 'Park ]mown as
oen Park for a term of ten O} and an addional term o ve {S} years;
and
2 of2)-
5428, Resolution; Joyland Amusement Park 2-27-1997; Lease Amendment