HomeMy WebLinkAboutResolution - 5094 - First Amendment To Lease Agreement - Joyland Amusement Park - Lease Term 87-06 - 02_08_1996Resolution No. 5094
February 8, 1996
Item #15
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a First Amendment to Joyland Amusement
Park Lease Agreement, attached hereto and which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 8th
ATTEST:
L-.,t,t- kk-L���2
Betty M. Johnson, ity Secretary
TO CONTENT:
emus, Directdr of
Services
APPROVED AS TO FORM:
9�eea v4A-da -
arold Willard, Assistant City Attorney
HW:da/ccdocs/a joylnd.res
January 30, 1996
day of February , 1996.
Resolution No. 5094
February 8, 1996
Item #15
FIRST AMENDMENT TO
JOYLAND AMUSEMENT PARK
LEASE AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS Amendment is made and entered into by and between the CITY OF LUBBOCK,
TEXAS, hereinafter called "City," and MACKENZIE PARK PLAYGROUND, INC. d/b/a
JOYLAND AMUSEMENT PARK, hereinafter called "Concessioner."
WITNESSETH:
WHEREAS, on or about the 13th 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 term 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 hereinabove referred to is hereby amended in the following manner:
Section 1 of the agreement is amended to read as follows:
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 in Mackenzie
Park known as Joyland Amusement Park, in the County of Lubbock, State of
Texas, and within the corporate limits of said City of Lubbock, for a term
beginning the 1 st day of October, 1987, and terminating on the 28th day of
February, 2006, and said lease shall be automatically extended for an additional
term of five (5) years from the 1 st day of March, 2006, to the 28th 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 is not terminated earlier by mutual agreement, or as
hereinafter provided.
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 10 of the agreement is hereby deleted from the agreement.
5. 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 8th day of February , 1996.
MACKENZIE PARK PLAYGROUND, INC.
d/b/a JOYLAND AMUSEMENT PARK
BY: " M I ' 4
DA ID R. LANG ON, MAIFIR
ATTEST:
6� *
BettyJohn on, City Secretary
APPRD S' TO O ENT:
olyn Director of tune
eiamus,
a Services
APPROVED AS TO FORM:
94w4w ,
Harold Willard, Assistant City Attorney
HW:da/cityatt/a joytnd.doc
January 30, 1996
FIRST AMENDMENT TO JOYLAND AMUSEMENT PARK
LEASE AGREEMENT
Page 2
i71,
CERTIFICATE OF INS 25-S
'� 4/19/1995 "AIM
PRODUCER
Hilb, Rogal a Hamilton Company
Of Amarillo ,
P. O. Box 1149
Amarillo, TX 79105-1149
INSURED
MACKENZIE PARR PLAY GROUND INC
DBA JOYLAND AMUSEMENTS
PO BOX 2262
LUBBOCK, TX 79408
THIS CERTIFICATE IS ISSUED, AS A MATTER OF,14.,
INFORMATION ONLY AND CONFERS NO RIGHTS UPON::
THE CERTIFICATE HOLDER. IT DOES NOT AMEND,'::.:
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMP Y A: TRANSAMERICA INSURANCE
COMPANY B:
COMPANY C:
COMPANY D:
COMPANY E:
1 COVERAGES
This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period
indicated, notwithstanding any requirement, tern or condition of any contract or 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 licies. Limits shown may have been reduc
ed by id claims. ;:'7:1-;,.
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POLICY NUMBER I DATES
GENERAL
A [X] Gen
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LIABILITY
Liability RENEWAL LSP36245261
[ ] CM
AUTO LIABILITY
[ ] Any Auto
[ ] All Owned
[ ] Scheduled
[ ] Hired
[ ] Non -owned'
Effective $ 0 General Agg;.
04/28/96 $ 1#000,000 Prod/CoOps Agg
$ 1,000,000 Pers/Adv Inj.
$ 1,000,000 Occurrence
Expiration $ 50,000 Fire Damage..
04/28/97 $ 0 Medical Exp
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EXCESS LIABILITY
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WORKERS COMP
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LIABILITY - $i� 00W, DEDUCTIBLE BI"`&
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PROPERTY - $1�000 DEDUCTIBLE PER
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OCCURRENCE JN 4
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CANCELLATION
CERTIFICATE,HOLDER,J
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Should any of the above described poi c es
be cancelled before ..the expiration date,
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thereof, the issuin cog an .will .endeavor
P Y'
to mail to days ,;written notice" to
certificate holder named ;to }the 'le fivt t .
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CITY OF LUBBOCK ^ _ , ;
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failure to mail such fnotice shall _posen,no.
obligation or liability'of'ahy kind upon
PO BOX 2000 F
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LUBBOCK
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