HomeMy WebLinkAboutResolution - 1522 - Concession Agreement Addendum & Renewal - TPWD - Mackenzie State Park - 11_10_1983' RESOLUTION 1522 - 11/10/83
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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 Addendum to
and Renewal of Concession Agreement by and between the City of Lubbock and
the Texas Parks and Wildlife Department extending the term of the agreement
of June 4, 1953, for the lease of concession rights in MacKenzie State Park
to December 31, 2015, which Addendum and Renewal, attached hereto, 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 loth day of November , 1983.
e-,—.
A
oe
AL HENRY, MAYOR
ATTEST:
E elyn Ga ga, City r ry-Treasurer
APPROVED AS TO CONTENT:
im Weston, Director of Community Facilities
APPROVED AS TO FORM:
GGvt
o n M. Sherwin, Assistant City Attorney
l
RES.QLTUION 1522 - 11/10/83
1��3 ADDENDUM TO AND
RENEWAL OF CONCESSION AGREEMENT
WHEREAS, on June 4, 1953, the TEXAS STATE PARKS BOARD and the CITY OF
LUBBOCK, TEXAS, entered into an agreement leasing to the CITY OF LUBBOCK for a
term of fifty (50) years terminating on December 31, 2005, all of the concession
rights on Mackenzie State Park, which park is situated in Lubbock County,
Texas; and
WHEREAS, the Texas State Legislature has abolished the TEXAS STATE PARKS
BOARD and has established the TEXAS PARKS AND WILDLIFE DEPARTMENT which operates
under the policy direction of the TEXAS PARKS AND WILDLIFE COMMISSION; and
WHEREAS, on November 3, 1982, the TEXAS PARKS AND WILDLIFE COMMISSION has
granted the extension of the term of said agreement to December 31, 2015, upon
the terms and conditions hereof; and
k'HEREAS, the Texas State Legislature has granted to the TEXAS PARKS AND
WILDLIFE DEPARTMENT the authority to lease land for park purposes to any city
and to grant contracts to operate concessions in State parks, TEXAS PARKS AND
WILDLIFE CODE ANN. §9 13.006 and 13.015; and
WHEREAS, the CITY OF LUBBOCK desires to accept the extension of the term of
said agreement to December 31, 2015 as set out herein;
NOW THEREFORE, for and in consideration of the premises and other good and
valuable consideration as hereinafter set out, the TEXAS PARKS AND WILDLIFE
DEPARTMENT and the CITY OF LUBBOCK do hereby renew and extend the term of the
agreement of June 4, 1953, for the lease of concession rights in Mackenzie State
Park to and including December 31, 2015, on the same terms and conditions as
stated in the original agreement. As consideration for the extension of said
term, the CITY OF LUBBOCK covenants to implement and complete a major redevelop-
ment program at Mackenzie State Park within five years from the date hereof,
including construction of suitable capital park improvements which improvements
shall be approved by the TEXAS PARKS AND WILDLIFE DEPARTMENT. The above approval
shall not be unreasonably withheld and will be given promptly. The CITY OF
LUBBOCK further covenants to adequately fund said redevelopment program and in
this regard dedicates all revenues derived from its concessioner, GHS'Developers,
Incorporated, by reason of that certain Lease and Sub -concession Agreement dated
November 18, 1983 during the initial five years of the term of said Agreement.
eso. 1265)
Executed this loth day of
ATTEST:
November I i;9M 1983.
TEXAS PARKAS ANDWILDLIFEDEPARTMENT
BY: ' O'�l�(w
Char es D. Travis
Execut a rector
CITY OF LUBBO
BY:
Bill McAlister, Mayor
By:
Alan Heriry Mayor
Evelyn Gaffga, City Secretary -Treasurer
7ROVED-,1LSTO CONTENT:
Ji"eston, Director of Community Facilities
APPROVED 1,S TO FORM:
r`
Jo;m Sherwin, Assistant City Attorney
RE§QLTUION 1522-,11/10/83
""OPTAPY.TREASURER
ADDENDUM TO AND
NQ� RENEWAL OF CONCESSION AGREEMENT
WHEREAS, on June 4, 1953, the TEXAS STATE PARKS BOARD and the CITY OF
LUBBOCK, TEXAS, entered into an agreement leasing to the CITY OF LUBBOCK for a
term of fifty (50) years terminating on December 31, 2005, all of the concession
rights on Mackenzie State Park, which park is situated in Lubbock County,
Texas; and
WHEREAS, the Texas State Legislature has abolished the TEXAS STATE PARKS
BOARD and has established the TEXAS PARKS AND WILDLIFE DEPARTMENT which operates
under the policy direction of the TEXAS PARKS AND WILDLIFE COMMISSION; and
WHEREAS, on November 3, 1982, the TEXAS PARKS AND WILDLIFE COMMISSION has
granted the extension of the term of said agreement to December 31, 2015, upon
the terms and conditions hereof; and
WHEREAS, the Texas State Legislature has granted to the TEXAS PARKS AND
WILDLIFE DEPARTMENT the authority to lease land for park purposes to any city
and to grant contracts to operate concessions in State parks, TEXAS PARKS AND
WILDLIFE CODE ANN. §§ 13.006 and 13.015; and
WHEREAS, the CITY OF LUBBOCK desires to accept the extension of the term of
said agreement to December 31, 2015 as set out herein;
NOW THEREFORE, for and in consideration of the premises and other good and
valuable consideration as hereinafter set out, the TEXAS PARKS AND WILDLIFE
DEPARTMENT and the CITY OF LUBBOCK do hereby renew and extend the term of the
agreement of June 4, 1953, for the lease of concession rights in Mackenzie State
Park to and including December 31, 2015, on the same terms and conditions as
stated in the original agreement. As consideration for the extension of said
term, the CITY OF LUBBOCK covenants to implement and complete a major redevelop-
ment program at Mackenzie State Park within five years from the date hereof,
including construction of suitable capital park improvements which improvements
shall be approved by the TEXAS PARKS AND WILDLIFE DEPARTMENT. The above approval
shall not be unreasonably withheld and will be given promptly. The CITY OF
LUBBOCK further covenants to adequately fund said redevelopment program and in
this regard dedicates all revenues derived from its concessioner, GHS'Developers,
Incorporated, by reason of that certain Lease and Sub -concession Agreement dated
November 18, 1983 during the initial five years of the term of said Agreement.
eso. 1265)
Executed this loth day of
November pggg 1983•
TEXAS PARKS AND WILDLIFE DEPARTMENT
BY: ,
Char es D. Travis
Execut a rector
CITY OF LUBBO
BY:
Bill Wlister, Mapx
ATTEST:___ ._.._._
By
Alan Henry, Mayor
velyn ffga, City e �ry-Tre..urer
APPR TO CONTENT:
J,i eston, Director of Commun ty Facilities
r
APPROVED S TO FORM:
lvt1, 1 �
o n Sherwin, Assistant City Attorney
E,z L.
Yd 17
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Visitation - Not Available
COMMISSION AGENDA ITEM
PUBLIC HEARING
PROPOSED LEASE EXTENSION
MACKENZIE STATE RECREATION AREA
LUBBOCK COUNTY
NOVEMBER, 1982
I. DISCUSSION:
A. Historical. Back_&round: In 1935, the City of Lubbock conveyed to the
State of Texas 504 acres to comprise the major portion of MacKenzie State
Park. Upon completion of the park construction in 1938, the State Parks
Board granted a concession lease to the City of Lubbock covering all conces-
sion rights in MacKenzie State Park, including the right of the City of
Lubbock to sublet concessions. This arrangement has been continued through
the years; and the current concession lease, which was executed on June 4,
1953, will terminate on December 31, 2005. Under the provisions of this
concession lease, the City of Lubbock operates, maintains, and improves
MacKenzie State Park at no cost to the State (Exhibit A).
B. Current Situation: Over the years, the City of Lubbock has allowed
"IacKenzie State Park to fall into a state of disrepair. As a result of
Departmental prodding, the City now proposes to undertake a major redevelop-
ment of the park as part of a 5-year capitol improvement program. The program
will include both major repair and renovation of existing facilities, as well
as new development. Repair and improvements to existing facilities include
new restroom facilities, an automatic irrigation system, road and parking
repairs, bath house and headquarters renovation, establishment of an equestrian
area, and camping and picnicking areas, and upgrading of the Prairie Dog Town.
New development will center around the establishment of an aquatic complex.
'Flit, City proposes to enter into a lease agreement with a private concession-
aire to develop a major aquatic center within MacKenzie State Park which
would include a wave pool, restaurant, sanitary facilities, a sun deck, and
water slides.
Sine the Department's existing lease with the City of Lubbock expires in
;us' over 23 years, the City feels that an extension of this lease is needed
in order to amortize their proposed investment in new facilities. The City
has requested a ten-year extension of the lease. However, the City's sub-
?ea:;e to a concessionaire for the aquatic complex would only be for 20 years,
with two five-year renewal options.
Additionally, the City of Lubbock has committed to implement a new Park
Ranger Enforcement Program aimed at improving both public and facility
safety.
II. RECOMMENDATION:. The staff recommends the Commission adopt the
following motion:
"The Executive Director is authorized to execute a new lease
agreement with the City of Lubbock for all concession rights at
MacKenzie State Park for an extension of ten additional years,
and the City of Lubbock is granted authority to enter into a sub-
lease agreement for the construction of an aquatic complex for a
period of twenty years, with two five-year renewal options."
Attachment - 1
1. Exhibit A - Plat
3 ..
-
TEXAS
PARKS AND WILDLIFE DEPARTMENT
COMMISSIONERS
PERRY R. BASS
Chairman, Fort Worth
111 VVV
JAMES R. PAXTON
Vice -Chairman, Palestine
CHARLES D. TRAVIS
EDWIN L.COX, JR.
EXECUTIVE DIRECTOR
Athens
4200 Smith School Road
Austin, Texas 78744
December 2, 1982
Dr. Dan Kamp, Director
Lubbock Parks and Recreation
P. 0. Box 2000
Lubbock, Texas 79457
Dear Dan:
COMMISSIONERS
W. B. OSBORN, JR.
Santa Elena
WM. O. BRAECKLEIN
Dallas
WM. M. WHELESS, III
Houston
The Texas Parks and Wildlife Commission, in formal open session on
November 3, 1982, approved the City of Lubbock's request to extend the
concession contract between our respective agencies another 10 years.
Also, they granted approval for the City to enter into a long-term
contract with an appropriate sub-concessioner to develop an aquatic
complex in Mackenzie State Park.
I have attached a copy of the official agenda item with the resolution
adopted.
Please let me know if additional information is needed or if it would be
of help or necessary to be at the City Council meeting on December 9th
when this project is formally presented for approval.
Attachment
Parks Division
Celebrating One Hundred and Fifty Years — 1836 - 1986
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RESOLUTION 1528 - 11/17/83
JMS:js
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 a Non -Aero-
nautical Lease Agreement between the City of Lubbock and Southwest Air-
lines, Inc., 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 17th day of November , 1983.
ALAH Y, R
ATTEST:
Evelyn Ga fga, City Secr a easurer
APPROVED AS TO CONTENT:
Marvin Coffee, Dirkrdtor of Aviation
APPROVED AS TO FORM:
Q,., �'8 , , alla_�. �
o M. Sherwin, Assistant City Attorney