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Home My WebLink AboutResolution - 2023-R0196 - Amendment to Mackenzie Park Lease with Lubbock CountyResolution No. 2023-R0196 Item No. 6.36 April 11, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment to the Park Lease dated April 25, 1938, regarding a forty-five (45) acre tract of land located in Lubbock County, Texas, which is maintained and operated by the City of Lubbock and is commonly known as Mackenzie Park, extending the term from ninety-nine (99) years to one hundred and twenty-five (125) years, by and between the City of Lubbock and Lubbock County, and related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on April 11, 2023 TRAY PA AYOR ATTEST: Paz, Interim APPROVED AS TO CONTENT: Brooke Witcher, Assistant City Manager ED AS TO FORM: yan Brooke, Senior Assistant City Attorney .ES.Amendment to Mackenzie Park Lease .22.23 Resolution No. 2023-R0196 AMENDMENT TO PARK LEASE DATED APRIL 25,1938 This Amendment is made as of the 1 Ith day of April , 2023 by and between the City of Lubbock, Texas (the "City"), a Texas home rule municipal corporation, and Lubbock County (the "County"), (each a "Party," and collectively being the "Parties"). RECITALS WHEREAS, on April 25, 1938 the County leased and let a forty-five (45) acre tract of land located in Lubbock County ("Leased Premises") to the State of Texas for the exclusive purpose of operating a public park for a term of ninety-nine (99) years ("Lease"), said Lease being attached hereto as Exhibit "A" and incorporated herein by reference;; and WHEREAS, on April 13, 1992 said Lease was assigned to the City with the approval of the State of Texas, acting by and through the Texas Parks and Wildlife Department ("Assignment"), said Assignment being attached hereto as Exhibit "B" and incorporated herein by reference; and WHEREAS, since the Assignment, the City has maintained and operated the Leased Premises, commonly known as Mackenzie Park, through the City's Parks and Recreation Department as part of the City's parks system, including the maintenance and operation of the Amphitheatre located within the Leased Premises; and WHEREAS, the City and County desire to allow the City to continue to maintain and operate the Leased Premises as a public park and make capital improvements within the Leased Premises beyond the original ninety-nine (99) year term; NOW THEREFORE, the City and County agree to amend and replace the original term of the Lease dated April 25, 1938, which read "for a period of ninety-nine (99) years from the date hereof', to read as follows: "for a period of one hundred and twenty-five (125) years" All other portions of the original Lease shall remain in place and are not altered by this Amendment. IN WITNESS WHEREOF, each Party hereto has caused this Amendment to be executed on behalf of such Party by an authorized representative as of the date first set forth above. SIGNATURES CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS Y�� T Y P , MAYOR 4CURAIS-PARRAH, COUNTY JUDGE y-Z�-ZiJZ� ATTEST: . II ATTEST: Paz,wlnterirrWity S tary elly Pinion, Count Jerk APPROVED AS TO CONTENT: 1 Brooke Witcher, Assistant City Manager APPROVED AS TO APPROVED AS TO FORM: _ _ (:�\ 61 Assistant City Attorney N I ivil Chief5�'�- Lub bock County Criminal District Attorney's Office Amendment to Mackenzie Park Lease 1.17.23 EXHIBIT " A " 13015 THE STATE OF TEXAS Q KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK 4 VOL 334 PG 255 THAT, The County of Lubbock, acting herein by its County Judge, thereunto duly authorii ed by resolution of the County Commissioners Court of said Lubbock County. Said resolution I having been passed on the 25th day of April, 1938, same being recorded in Vol. 6, Page 633, of its minutes, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable considerations, to it in hand paid by the State of Texas, acting through the Texas I State Parks Board, does hereby lease and let unto the State of Texas, its successors and assigns, for a period of ninety-nine (99) years from date hereof, the right and/or privilege, 9a 15 6 VOL 334 PG 256 to use for the exclusive purpose of a public park, the following described lands, situated in Lubbock County, Texas, to -wit: Tract 1 being the East 45 acres of the tract of land heretofore operated by Lubbock County as a Public Park, and having been conveyed to the said Lubbock County, by Goo. M. Boles, said deed being recorded in Vol. 64, Page 617, Deed Records of Lubbock County, Texas. Nothing herein contained shall be construed as creating a debt or binding the State of Texas, but upon its failure to maintain and operate said premises for Park Purposes same shall revert to lessor, its successors and assigns; together with all improvements placed thereon by Lessee. TO HAVE AND TO HOLD the above described property together with all and singular the rights and appurtenances, thereto in anywise belonging unto the said State of Texas, its suc- cessors and assigns, and the County of Lubbock does hereby lease and let the said premises unt< the said State of Texas acting through the Texas State Parks Board, its successors and assigns, for the purposes and with the limitations and for the period herein set out. EXECUTED at Lubbock, Texas, this the 25th day of August, 1938. In testimony whereof, witness my hand and the seal of the County Court of Lubbock County, Texas. ATTEST: COUNTY OF LUBBOCK (SEAL) Ed D. Allen, County Clerk By: J. J. Dillard, County Judge THE STATE OF TEXAS d COUNTY OF LUBBOCK C BEFORE ME, Louie F. Moore, a Notary Public, in and for Lubbock County, Texas, on this day personally appeared J. J. Dillard, County Judge of Lubbock County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said Lubbock County, Texas. WITNESS MY HAND AND SEAL OF OFFICE,This 25th day of April, A. D. 1938. LOUIE F. MOORE, Notary Public, OSEALO Lubbock County, Texas r Filed for Record 16th day of September, A. D. 1946 at 1:45 o'clock P. M. and Recorded 17th day of September, A. D. 1946 at 2:00 o'clock P. M. LOUIE F. MOORE, COUNTY CLERK, LUBBOCK COUNTY, TEXAS Jw EXHIBIT B ASSIGNMENT OF LEASE STATE OF TEXAS _ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK That the State of Texas, acting by and through the Texas Parks and Wildlife Department, successor to the Texas State pa,ks Board, for and in consideration of One Dollar ($1.00) and other good and valuable cons Aeration, to it in hand paid by the City of Lubbock, a home rule municipality of Lubbock County, Texas, receipt whereof is hereby acknowledged, does hereby assign, transfer and convey unto the said City of Lubbock a certain lease, bearing date the 25th day of April, 1938, made by The County of Lubbock, Texas, to it for the term of ninety-nine years, which lease is recorded in Volume 334 at Page 255 of the Deed Records of Lubbock -County. Texas, to which lease and its record reference is hereby made for all purposes, including a description of the property, to have and to hold the same for ant ',-dR i *g -.the remainder of the term mentioned in said lease for the exclusive purpose of a public park. Executed this S day of 1992. rr N_ STATE OF TEXAS, acting by and through Texas Parks and Wildlife Department, successor to Texas State Parks Board by n rew Sansom Executive Director STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me onp ON.) p 1992, by Andrew Sansom, Executive Director of the'Texas Parka and Wildlife Department. &PA pi-�•``,} JOHN C. FOSHEE N a r y Pu i c joilgMe Mabry PnDdc. State of Texas `:�•� MrExD'res M commission expires: SEPT.14,1992 y The above and forgoing assignment is hereby approved by Lubbock County, acting by and through its County Judge, heretofore duly authorized by Commissioners Court. LUBBOCK COUNTY by � County Judge STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on , 1992? by Don McBeath, County Judge of Lubbock County, Texas. Notary Public My commission expires: