HomeMy WebLinkAboutResolution - 2023-R0336 - Amendment No. 1 to the Joyland Amusement Park Lease Agreement 6.27.23Resolution No. 2023-RO336
Item No. 6.23
June 27, 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, Amendment No. I to the Joyland Amusement Park Lease
Agreement dated April 12, 2022, abating the due rental payments for the year 2023, by and
between the City of Lubbock and Mackenzie Park Playground, Inc. d/b/a Joyland Amusement
Park, 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
ATTEST:
Cou ney Paz, City Secretary
APPROVED AS TO CONTENT:
Uj('
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
Ryan Bro ke, Senior Assistant City Attorney
RES.Amendment No. 1, Joyland Lease Agreement
5.30.23
June 27, 2023
TRAY PAYN AYOR
Resolution No. 2023-RO336
AMENDMENT NO. I
TO AGREEMENT BETWEEN THE CITY OF LUBBOCK
AND
MACKENZIE PARK PLAYGROUND, INC.,
D/B/A JOYLAND AMUSEMENT PARK
THIS FIRST AMENDMENT to the Joyland Amusement Park Lease Agreement dated
April 12, 2022, is entered into by the City of Lubbock ("City"), a home rule municipal
corporation in Lubbock County, Texas and Mackenzie Park Playground, Inc., d/b/a Joyland
Amusement Park ("Joyland").
WHEREAS, on or about April 12, 2022, City and Joyland executed a Lease Agreement
whereby the City leased to Joyland lands located in Mackenzie Park for an initial term of twenty-
five (25) years with additional terms of five (5) years, not to exceed forty (40) years; and
WHEREAS, in response to the closure of business operations at Joyland and to allow
necessary time for Joyland to reasonably close and vacate the leased premises while abating the
due rental payments during that time; and
WHEREAS, both parties for good and valuable consideration desire to amend said Lease
Agreement with regard to the rental payments;
NOW THEREFORE, for and in consideration of the mutual promises, covenants, terms
and conditions, both general and specific, as hereinafter set forth, the Joyland Lease Agreement
of April 12, 2022, is hereby amended by abating the annual rental payments due for the year
2023.
All other portions of the original Lease Agreement shall remain in place and are not
altered by this Amendment.
IN WITNESS HEREOF, the parties have executed this Amendment as of this27 day of
June 2023.
CITY OF LUBBOCK: MACKENZIE PARK PLAYGROUND, INC.,
D/B/A JOYLAND AMUSEMENT PARK
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TRAY P E, MAYOR
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Print and Title --ye85urer
ATTEST:
Courtney Paz, City Se etary
APPROVED AS TO CONTENT:
Brooke Witcher, Assistant City Manager
APPROVED AS TO
Ryan B fboke, !'enior Assistant City Attorney
Parks & Rec.Joyland Amendment No. 1
5.30.23