HomeMy WebLinkAboutResolution - 3623 - Supplemental Lease Agreement - Joyland Amusemnt Park - City Facilities Access - 05_23_1991Resolution No. 3623
May 23, 1991
Item #26
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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 a Supplemental
Lease Agreement by and between the City of Lubbock and Mackenzie Park Play-
ground, Inc. d/b/a Joyland Amusement Park, 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 23rd day of May , 1991.
B. C. McMINN, MAYOR
ATTEST:
ette /uoya, ulty secre
WAP-ROVED AS TO CONTENT:
d
IDW A. Haw ins, irector o Water
IU ilities
APPROVED TO CONTENT:
0 ( CL
!Lee Os orn, D ec or of Parks an
,Recreation
'APPROVED AS TO FORM:
uofraid u. vandiver, virst Hssistan
City Attorney
Resolution No. 3623
May 23, 1991
Item #26
JCR:da
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
SUPPLEMENTAL JOYLAND AMUSEMENT PARK
LEASE AGREEMENT
WHEREAS, the City of Lubbock did enter into a Lease and
Concession Agreement with MacKenzie Park Playground, Inc. d/b/a
Joyland Amusement Park on the 13th day of August, 1987 (a copy of
which is attached hereto); and
WHEREAS, said Agreement did contemplate that the Lessee/
Concessionaire would make capital improvements to the rides and
facilities contained in Joyland Amusement Park; and
WHEREAS, Lessee/Concessionaire has indeed made capital
improvements since the execution of this original Lease Agreement
heretofore mentioned; and
WHEREAS, there is an additional need to supplement the orig-
inal Lease Agreement to provide for the rights of the City to
ingress and egress at all times with or without notice to
Lessee/Concessionaire to maintain any of City facilities located
in, under or near the leased premises; NOW THEREFORE:
THE PARTIES HERETO AGREE AS FOLLOWS:
1. That the Lessee/Concessionaire does hereby agree to
immediately, upon notice, remove or relocate any ride, amusement
apparatus or other capital improvements, permanent or temporary,
when such is required by the City in order to gain access to any
of City's facilities located in, on, under or near the leased
premises.
As used herein "notice" shall mean actual notice for routine
inspection, maintenance and repair, but in the event of an emer-
gency as determined by the department director (or his designate)
of the City's Water and Sewer Department, "notice" shall mean a
reasonable attempt to contact Lessee/Concessionaire at an address
or telephone number located in Lubbock County, Texas furnished by
Lessee/Concessionaire.
2. Lessee/Concessionaire agrees to undertake the activi-
ties described in subparagraph 1 above at no cost to the City and
in a timely manner so as to afford City access for its purposes.
3. In the event, after notice, Lessee/Concessionaire fails
to move or relocate any ride, apparatus or capital improvement as
heretofore mentioned within four (4) calendar days after such
notice, the City shall have the right to undertake such activity
and Concessionaire agrees to pay all costs incurred by the City
in the event it is required to undertake such activity. In the
event the City undertakes the activities heretofore contemplated
by this subparagraph, the City shall have no liability whatsoever
to Lessee/Concessionaire for any damages incurred to the property
of Lessee/Concessionaire of any nature whatsoever.
4. Notwithstanding any other provision of this Supplemen-
tal Lease/Concession Agreement heretofore written in the event
that an emergency arises in the operation at any of the City's
facilities which requires immediate maintenance or repair, the
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s
City shall have the right to immediately remove and relocate any
of Lessee/Concessionaire's rides, apparatus or capital improve-
ments of any nature whatsoever when such action is required in
order to gain access to City facilities in order to make the
proper maintenance or repairs. In such event the City shall not
be liable for any damages of any nature whatsoever incurred by
Lessee/Concessionaire as a result of such action. In addition,
City shall be reimbursed by Lessee/Concessionaire for all of its
costs incurred as heretofore mentioned.
DATED this 23rd day of
CITY OF LUBBOCK
May
, 1991.
MACKENZIE PARK PLAYGROUND, INC.
d/b/a JOYLAND AMUSEMENT PARK
e
• BY:
B.C. MCMI N, MAYOR
A ST.
Ranet a Boyd, City Secr ry
APPROVED AS TO CONTENT:
Dan A. Hawkins, Director of
Water Utilities
APPRA AS ZO CONTENT:
Lee Osborn, Director of
Parks and Recreation
APPROV D AS TO FORM:
J n C. Ross, Jr., City Attorney
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Resolution No. 3623
May 23, 1991
Item #26
t„
JCR:da
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
SUPPLEMENTAL JOYLAND AMUSEMENT PARK
LEASE AGREEMENT
WHEREAS, the City of Lubbock did enter into a Lease and
Concession Agreement with MacKenzie Park Playground, Inca d/b/a
Joyland Amusement Park on the 13th day of August, 1987 (a copy of
which is attached hereto); and
WHEREAS, said Agreement did contemplate that the Lessee/
Concessionaire would make capital improvements to the rides and
facilities contained in Joyland Amusement Park; and
WHEREAS, Lessee/Concessionaire has indeed made capital
improvements since the execution of this original Lease Agreement
heretofore mentioned; and
WHEREAS, there is an additional need to supplement the orig-
inal Lease Agreement to provide for the rights of the City to
ingress and egress at all times with or without notice to
Lessee/Concessionaire to maintain any of City facilities located
in, under or near the leased premises; NOW THEREFORE:
THE PARTIES HERETO AGREE AS FOLLOWS:
1. That the Lessee/Concessionaire does hereby agree to
immediately, upon notice, remove or relocate any ride, amusement
apparatus or other capital improvements, permanent or temporary,
when such is required by the City in order to gain access to any
M
of City's facilities located in, on, under or near the leased
premises.
As used herein "notice" shall mean actual notice for routine
inspection, maintenance and repair, but in the event of an emer-
gency as determined by the department director (or his designate)
of the City's Water and Sewer Department, "notice" shall mean a
reasonable attempt to contact Lessee/Concessionaire at an address
or telephone number located in Lubbock County, Texas furnished by
Lessee/Concessionaire.
2. Lessee/Concessionaire agrees to undertake the activi-
ties described in subparagraph 1 above at no cost to the City and
in a timely manner so as to afford City access for its purposes.
3. In the event, after notice, Lessee/Concessionaire fails
to move or relocate any ride, apparatus or capital improvement as
heretofore mentioned within four (4) calendar days after such
notice, the City shall have the right to undertake such activity
and Concessionaire agrees to pay all costs incurred by the City
in the event it is required to undertake such activity. In the
event the City undertakes the activities heretofore contemplated
by this subparagraph, the City shall have no liability whatsoever
to Lessee/Concessionaire for any damages incurred to the property
of Lessee/Concessionaire of any nature whatsoever.
4. Notwithstanding any other provision of this Supplemen-
tal Lease/Concession Agreement heretofore written in the event
that an emergency arises in the operation at any of the City's
facilities which requires immediate maintenance or repair, the
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M
City shall have the right to immediately remove and relocate any
of Lessee/Concessionaire's rides, apparatus or capital improve-
ments of any nature whatsoever when such action is required in
order to gain access to City facilities in order to make the
proper maintenance or repairs. In such event the City shall not
be liable for any damages of any nature whatsoever incurred by
Lessee/Concessionaire as a result of such action. In addition,
City shall be reimbursed by Lessee/Concessionaire for all of its
costs incurred as heretofore mentioned.
CITY OF LUBBOCK MACKENZIE PARK PLAYGROUND, INC.
d/b/a JOYWD AMUSEMENT PARK
Q
4. BY:
.C. McMI1fN, MAYOR
(:::::ATTEST:
Rane a Boyd, City Sec to
APPROVED AS TO CONTENT:
n A. Hawkins, Director of
Wa er Utilities
APPROV AS TO CONTENT:
L e Osborn, Director of
Parks and Recreation
APPROVED AS TO FORM:
Z[Ohn C. iR`oss, Jr., City Attorney
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