HomeMy WebLinkAboutResolution - 2006-R0505 - Ammendment To Lease Agreement-Mackenzie Park Playground Inc, Joyland-New Coaster - 10/13/2006Resolution No. 2006-RO505
October 13, 2006
Item No. 5.38
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Third Amendment to a Lease Agreement by
and between the City of Lubbock and Mackenzie Park Playground, Inc., d/b/a Joyland
Amusement Park of Lubbock, Texas for additional land for installation of a new roller
coaster ride, which Third Amendment and any associated documents, are attached hereto
and made a part of this Resolution for all intents and purposes.
Passed by the City Council this 13th day of October , 2006.
DAVID A. ► iMAYOR'
ATTEST:
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Rebecca Garza, City Secretary
APPROV D AS TO CONTENT:
Ra dy Truesdell, Parks and Recreation Director
APPROVED AS TO FORM:
Vandiver, Attorney of Counsel
Mres,'Joylan d LeaseAmend06Res
September 26, 2006
Resolution No. 2006-RO505
October 13, 2006
Item No. 5.38
THIRD AMENDMENT
JOYLAND AMUSEMENT PARK
LEASE AGREEMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS THIRD AMENDMENT to the Joyland Lease Agreement of August 13, 1987, is
entered into by the City of Lubbock (referred to herein as "City"), a home rule municipality of
Lubbock County, Texas, and Mackenzie Park Playground, Inc., d/b/a Joyland Amusement Park
(referred to herein as "Concessioner").
WITNESSETH:
WHEREAS, on or about August 13, 1987, City and Concessioner executed a Lease
Agreement whereby the City leased to Concessioner lands located in Makenzie Park for a term of
ten (10) years with an additional term of five (5) years; and
WHEREAS, both parties for good and valuable consideration on or about February 8,
1996, modified the initial term of said Lease Agreement in a First Amendment to enable
Concessioner to obtain financing for improvements to the park facility; and
WHEREAS, both parties for good and valuable consideration on or about February 27,
1997, further modified said Lease Agreement in a Second Amendment with regard to lease
payments; and
WHEREAS, both parties for good and valuable consideration desire to further amend
said lease agreement with regard to its term, land leased and lease payments to enable
Concessioner to obtain financing for further improvements to the park facility;
NOW THEREFORE, for and in consideration of the mutual promises, covenants, terms
and conditions, both general and special, as hereinafter set forth, City Lease Agreement of
August 13, 1987, as amended by First and Second Amendments is hereby further amended as
follows:
Section 1
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 within Mackenzie Park known as
Joyland Amusement Park and such additional lands in the County of Lubbock, State of Texas,
within the corporate limits of the City of Lubbock, as are further described by metes and bounds
on Attachment A hereto and as indicated on the map attached hereto as Exhibit B. Both of said
exhibits are incorporated herein and made a part hereof for all purposes. The term of this lease
shall be from the date of execution hereof by the parties through October 31, 2021, unless either
party to this agreement shall give written notice of termination to the other party before the
expiration of the initial term, and unless said agreement is not terminated earlier by mutual
agreement, or as hereinafter provided.
Section 9
The consideration for the execution and acceptance of this Lease Agreement is payable as
follows:
An annual payment of $38, 333 per year to be paid in four payments of $9,583.25 due
June 1, July 1, August 1 and September 1. The first payment will be due June 1, 2007.
Additional Provisions
1. The City will remove such park playground equipment as may be reused from the area
of the Joyland expansion. Concessioner will be responsible for any additional demolition
required in the expansion area.
2. Concessioner will be responsible for construction of new parking lots needed for the
expansion. Such lots shall be located on land adjacent to the expansion owned by the City and
the City shall have joint use of such new parking lots.
Concessioner shall be responsible for any archeological and environmental testing and
reported required as part of the expansion.
4. That the Lease Agreement and the amendments thereto are modified and amended only
as expressly stated herein and all other provisions shall remain in full force and effect.
EXECUTED this 13th day of
CITY OF LUBBOCK:
ATTEST:
Rebecca Garza, City Secretary
2
October , 2006.
CONCESSIONER:
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APPROVE AS O C ENT:
11
Randy Truesdell, rarks and Recreation Director
APPROVED AS TO FORM:
on an iver, Attorney of Counsel
dd/con/JoylandLeaseAmenB
September 26, 2006
Resolution No. 2006-RO505
October 13, 2006
Item No. 5.38
ATTACHMENT A
A 2.24 ACRE TRACT OF
LAND IN MACKENZIE PARK,
CITY OF LUBBOCK, TEXAS
BEGINNING at a point which is the intersection of a fence on the approximate North Right -of -
Way line of U.S. Highway 62/82 and a fence which is the present Westerly boundary of an existing
amusement park, described in Attachment "B" of prior agreement.
THENCE Westerly, with the 4 foot chain link fence on the North R -O -W line of U.S. Highway
62/82 a distance of 408.2750 feet to a 16p nail in said fence;
THENCE Northerly, with said fence a distance of 271.1993 feet at 87^37'30.8" to a 16p nail;
THENCE Easterly, a distance of 310.9166 feet at 92^24'52.6" to a 2 5/8" existing 6 foot corner
fence post at the South side of a parking lot;
THENCE Southerly, following said 6 foot chain link fence on the west edge of said existing
amusement park and a distance of 284.5290 feet at 107^34'43.6" to the Point of beginning.
Prepared from sketch
October 9, 2006
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