HomeMy WebLinkAboutResolution - 2626 - Lease Agreement - MPP Inc - Joyland Amusement Park - 08/13/1987HW: js
RESOLUTION
Resolution #2626
August 13, 1987
Agenda Item #26
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 Lease Agree-
ment between the City of Lubbock and Mackenzie Park Playground, 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 de-
tail.
Passed by the City Council this 11th day of _ Augim t , 1987.
B. C. McMINN, MAYOR
ATTEST:
, City Secretary
APPROVED AS 0 CONT NT:
Lee Os orn, Director of Parks and
Recreation
APPROVED AS TO FORM:
arold
will,,
AssistantCity
Attorney
JOYLAND AMUSEMENT PARK
LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
KNOW ALL MEN BY THESE PRESENTS:
That the following agreement made and entered into by and be-
tween the CITY OF LUBBOCK, TEXAS, hereinafter called "City", acting
by and through its officers heretofore duly authorized to execute
this instrument, and upon the recommendation of the City of Lubbock
Parks and Recreation Board, subject to the approval of the Texas
Parks and Wildlife Department, and MACKENZIE PARK PLAYGROUND, INC.
d/b/a JOYLAND AMUSEMENT PARK, hereinafter called "Concessioner", of
Lubbock County, Texas.
W I T N E S S E T H:
Section 1
That for and in consideration of the rental as hereinafter
provided, the City of Lubbock does hereby lease and let to Conces-
sioner all of the area in Mackenzie State 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 of
ten (10) years, beginning the 1st day of October, 1987, and termi-
nating on the 30th day of September, 1997, and said lease shall be
automatically extended for an additional term of five (5) years
from the 1st day of October, 1997, to the 30th day of September,
2002, unless either party to this agreement shall give written
notice of termination to the other party before the expiration of
the ten (10) year term, and provided said lease is not terminated
earlier by mutual agreement, or as hereinafter provided.
Section 2
Concessioner agrees as an independent contractor to operate
all concessions in said Joyland Amusement Park in a manner that
will be acceptable to the City of Lubbock, the Lubbock Parks and
Recreation Board and the Texas Parks and Wildlife Department, or
their duly authorized agents, and in accordance with all laws,
rules, regulations and ordinances of the City of Lubbock, the
Lubbock Parks and Recreation Board, the State of Texas and the
Texas Parks and Wildlife Department. This agreement applies to all
existing laws, rules, regulations and ordinances and all laws,
rules, regulations and ordinances hereinafter enacted or which may
become effective while this agreement remains in force.
Section 3
Concessioner further agrees, binds and obligates itself to
keep said Joyland Amusement Park in a clean and sanitary condition,
and to maintain all plants, trees, grasses, buildings and improve-
ments in such a state of repair as the same are in at the commence-
ment of this lease, reasonable use and wearing thereof excepted,
and plants, trees, grasses, buildings and improvements placed in
said Joyland Amusement Park during the term of this agreement shall
be maintained in such a state of repair as the same are in at the
time of their installation or construction, reasonable use and
wearing thereof excepted. In helping to maintain Joyland Amusement
Park, the City agrees to furnish a parking lot or lots of suffi-
- 2 -
cient size to meet the needs of the public in its use of said Joy -
land Amusement Park. The City also agrees to provide water to Con-
cessioner.
Section 4
Concessioner agrees to make capital improvements on Joyland
Amusement Park commensurate with the growth in gross revenues
generated by said Joyland Amusement Park and which, in this
Concessioner's opinion, will enhance the value, patrons' use and
revenue of Joyland Amusement Park, and any permanent improvements
such as buildings, etc. so erected by Concessioner on the leased
premises shall become the property of the City at the expiration of
this lease agreement; provided, however, that all temporary
improvements such as rides, etc. shall remain the personal and
removable property of Concessioner.
Section 5
Concessioner shall maintain at all times during the term of
this agreement, at Concessioner's sole expense, insurance with an
insurance underwriter acceptable to the City and authorized to do
business in the State of Texas, as follows:
(1) Comprehensive General Liability Insurance in the amount
of ONE MILLION AND N0/100 DOLLARS ($1,000,000.00)
(Combined Single Limit) for Bodily Injury and Property
damage claims resulting from Concessioner's business ac-
tivities upon the leased premises. The City of Lubbock
is to be named as an additional insured on this policy,
and a copy of the endorsement naming the City as an addi-
- 3 -
tional insured is to be attached to or indicated on the
Certificate of Insurance.
(2) Fire and Extended Coverage Insurance on all improvements
located on the premises in amounts sufficient to cover
replacement costs of such improvements or the maximum for
which the same are insurable, whichever is less. The
City of Lubbock is to be named as insured on this policy.
(3) Boiler Insurance on any device defined as a boiler by the
laws of the State of Texas. Concessioner shall also com-
ply with all of the State's registration and inspection
requirements for boilers.
(4) Workers' Compensation Insurance sufficient to meet statu-
tory requirements.
City reserves the right to require Concessioner to secure ad-
ditional amounts of insurance from time to time throughout the term
of this agreement which the City deems necessary to protect its in-
terests and the interests of members of the public who visit Joy -
land Amusement Park, but any requirement for additional insurance
shall be based on such factors as construction of additional facil-
ities, increased usage of facilities and inflation.
In the event of loss, in whole or in part, of any permanent
improvement insured pursuant to the provisions of this agreement,
the Concessioner shall apply all proceeds received from such insur-
ance toward either (1) rehabilitation or repair of such improve-
ment, or at the option of the City (2) the construction of new im-
provements.
- 4 -
If, during the term of this agreement, Concessioner's improve-
ments are totally or partially destroyed from a risk required to be
covered by the insurance described in this section, or otherwise
covered by insurance, this agreement shall not terminate, and Con-
cessioner shall timely restore or cause to be restored the improve-
ments to substantially the same condition as existed immediately
before such destruction, whether or not the insurance proceeds are
sufficient to cover the actual cost of restoration. Where the risk
was not required to be covered by insurance as set forth in this
Section, Concessioner shall only be required to restore improve-
ments to the extent of the insurance proceeds received.
Certificates of insurance or other satisfactory evidence of
insurance shall be filed with the City Secretary prior to entry
upon the leased premises by the Concessioner. Each policy shall
name the City as an additional insured as its interest may appear.
Each policy shall also provide that the insurer shall notify the
City Secretary of the City of Lubbock, Texas, of any alteration,
renewal or cancellation of its terms and that such policy will re-
main in full force and effect until ten (10) days after such notice
is received by the City Secretary.
Section 6
The City and its duly authorized agents and representatives
are hereby authorized by Concessioner to at all times and seasons
enter Joyland Amusement Park and all buildings and equipment on the
leased premises for the purpose of inspecting the entire area for
all lawful purposes, and to inspect and audit all books, records,
- 5 -
files and other matters pertinent thereto, which Concessioner shall
at all times maintain and make available to the City's agents and
representatives; and further, the City retains the right to make
improvements in Joyland Amusement Park in cooperation with Conces-
sioner which, in the discretion of the City, are necessary or de-
sirable in order that the public might obtain full enjoyment of
such premises.
Section 7
Concessioner agrees to notify and request approval in writing
from the City's Director of Parks and Recreation for any and all
changes, additions or alterations in the design and placement of
facilities in Joyland Amusement Park.
Section 8
Concessioner shall at all times maintain a consecutively num-
bered ticket system, and a detailed report of Concessioner-s- gross
incomes from - all sources shall be furnished to the City, together
with the money which shall be due and owing to the City as a result
of each month's operations, on the 10th day of the following month,
and further, Concessioner is hereby required to keep complete, ac-
curate and detailed financial bookkeeping records which shall be
subject to audit as hereinabove provided.
Section 9
The consideration for the execution and acceptance of this
lease agreement is payable as follows:
As a part of the consideration for the execution of this
agreement, Concessioner shall pay to the City a monthly rental
based on gross receipts from amusement rides according to the
following scale:
$ 0.00
to
$250,000
5%
$250,000
to
$275,000
5j$
$275,000
to
$300,000
6%
$300,000
to
$325,000
6j%
$325,000
to
$350,000
7%
$350,000
to
$375,000
71%
$375,000
to
$400,000
8%
$400,000
to
$425,000
81%
$425,000
to
$450,000
9%
$450,000
to
$475,000
9j%
$475,000
to
$500,000
10%.
and further, that a
percentage
on the gross
receipts for all
food concessions other than rides will be two percent (2%) and
will be raised one half percent (.5%) according to the in-
crease in amusement ride revenue as stated above.
It is understood and agreed by and between the parties
that "gross take on all rides" shall be construed to mean all
sums of money coming into the hands of Concessioner as a re-
sult of the operations of Joyland Amusement Park after the
"deduction of all amusement taxes."
Section 10
Concessioner covenants that it will not assign this lease, nor
sublet the whole or any part of the leased premises without first
having obtained the written consent and approval of the Director of
- 7 -
j
Parks and Recreation of the City of Lubbock and the Parks and
Recreation Board and, when required, the consent of the Texas Parks
and Wildlife Department.
Section 11
If Concessioner shall neglect or otherwise fail to perform or
observe any of the covenants contained in this instrument which are
to be performed by Concessioner, or shall be declared bankrupt ac-
cording to law, or if any assignment shall be attempted to be made
of said leased premises for the benefit of creditors, the City may
lawfully and immediately or at any time thereafter, and without
further notice or demand, enter into and upon the leased premises,
or any part thereof in the name of the whole, and repossess the
same, and expel Concessioner and remove Concessioner's effects
without being deemed guilty of any manner of trespass, and without
prejudice to any remedies which might otherwise be used for obtain-
ing possession of the premises or rent in arrears, and upon entry
as aforesaid the rights of Concessioner in this lease shall cease
and be ended.
Section 12
It is mutually agreed and understood by and between both par-
ties hereto that at the expiration of this lease the same may be
renewed for a period not to exceed ten (10) years, with the terms
and conditions to be agreed upon by both parties.
- 8 -
THIS AGREEMENT IS EXECUTED IN QUADRUPLICATE this, the 13th
day of August 1987.
CITY OF LUBBOCK MACKENZIE PARK PLAYGROUND, INC.
d/b/a J AND AMUSEMENT PARK
e•
BY: BY:
. C. .c NN, MAYOR
A
Ranet�e Bbyd, City Secretar`%
\
APPROV AS TO CONTENT:
Lee Osborn, Director of
Parks and Recreation
APPROVED AS TO FORM:
Harold Willard, Assist nt
City Attorney
TEXAS PARKS ANDWILDLIFEDEPARTMENT
BY
I CITY OF LUBBOCK
City Secretary
P.O. Boa 2000
Lubbock, Ta. 79457
(806) 762-6411
September 9, 1987
Mr. Wilson Dolman, Director of
Parks Division
Texas Parks & Wildlife Department
4200 Smith School Road
Austin, Texas 78744
Dear Mr. Dolman:
Enclosed are three original Lease Agreements which have been executed by
City of Lubbock officials, and Mr. James E. Dean for Mackenzie Park
Playground, Inc., dba Joyland Amusement Park. Please have these
executed by the appropriate person at the Texas State Parks Board and
return two originals for our files, keeping one for your file.
Should you have questions regarding this, please do not hesitate to
contact Lee Osborn, Parks and Recreation Director for the City of
Lubbock.
Sincerely,
Ranette Boyd
City Secretary
RB:llg
cc: Lee Osborn
Parks and Recreation Director
City of Lubbock
'i+lij•••..
� Nn
Rec
'\�' .► •
itt
• tTEXAS
COMMISSIONERS PARKS AND WILDLIFE DEPARTMENT
4200 Smith School Road Austin, Texas 78744 CHARLES D. TRAVIS
EDWIN L. COX, JR. Executive Director
Chairman, Athens
RICHARD R. MORRISON, III
Vice -Chairman
Clear Lake City
BOB ARMSTRONG
Austin
HENRY C. BECK, III
Dallas
GEORGE R. BOLIN
Houston
WM. L. GRAHAM
Amarillo
CHUCK NASH
San Marcos
BEATRICE CARR PICKENS
Amarillo
A.R. (TONY) SANCHEZ, JR.
Laredo
February 19, 1988
Mr. Harold Willard
Assistant City Attorney
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Dear Mr. Willard:
The City of Lubbock's lease agreement relating to the
Mackenzie State Park is satisfactory. The two copies of the
lease have been endorsed by the Department and are herein
returned.
Thank you for your cooperation in this matter.
Sin rely,
F,
Wilson E. Dolman
Director, Parks Division
WED:MH:sf
Attachment
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AMUSEMENT LIABILITY
COMPANY
Haas-Wilkerson -Wohlberg
X
EXPIRATION
DATE
CONTINENTAL
CASUALTY
COMPANY
4300 SHAWNEE MISSION PARKWAY -SHAWNEE MISSION, KANSAS 66205 (913) 432-4400
X
9705 WATSON RD., SUITE 203 -ST. LOUIS, MO 63126 (314) 821-1442
9
P.O. BOX 2430-PINELLAS PARK, FL 34290.2430 (813) 546-0037
(Certif trate of ltwance
Attention: This Certificate of Insurance neither affirmatively nor negatively amends, extends or
TOTAL LIMITS
alters the coverage afforded by the policy (ies) described hereon, and is Issued as a matter of in-
X'
formation and confers no rights upon the Holder.
The Policy Identified below by a Policy Number is in force on the date of certificate issuance. Insurance is afforded only
X
with respect to those coverages for which a specific limit of liability has been entered and Is subject to all the terms of the€
Policy having reference thereto. Nothing herein contained shall modify any provision of said Policy.
allF
In the event of cancellation of the Policy the company issuing said Policy will make all reasonable effort to send Notice of
Cancellation to the certificate holder at the address shown herein, but the company assumes no responsibility for any
mistake or for failure to give such notice.
Any Camival or Circus Liability Insurance made a part of the Policy includes as a person Insured with respect to an
occurence taking place at a Carnival or Circus site (1) The Fair or Exhibition Association, sponsoring organization or
committee (2) The owner or lessee thereof and (3) A municipality granting the Named Insured permission to operate a
Camival or Circus.
MACKENZIE PARK PLAYGROUND, INC. DBA
INSURED.
JOYLAND AMUSEMENT &/OR JAMES DEAN &
/OR THE CITY OF LUBBOCK, TEXAS
11C
ADDITIONAL INSURED: TEXAS PARK AND WILDLIFE DEPARTMENT;
DEPARTMENT OF PARKS RECREATION
TO: TEXAS PARK AND WILDLIFE DEPARTMENT
LEE OSBORN, DIRECTOR
DEPARTMENT OF PARKS AND RECREATION
X
PO BOX 2000
3K
LUBBOCK, TX 79457
X
AMUSEMENT LIABILITY
COMPANY
BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
COMBINED SINGLE LIMIT
POLICY
NUMBER
EXPIRATION
DATE
CONTINENTAL
CASUALTY
COMPANY
$1,000,000 CSL
CCP303035976
4/28/88
TOTAL LIMITS
$i,000,000 CSL
X
X
X
X
1�
NOVEMBER 30, 1987
DATE OF CERTIFICATE ISSUANCE REF . T 3333 Haa. Wi(kerson-Wohlberg '
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