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HomeMy WebLinkAboutResolution - 1695 - Subordiantion Agreement -Joyland Amusements To Republic Bank - 1 Track, MSP - 05/24/19841 �� ► v y �P A MG:js RrCni 11TTnKi RESOLUTION 1695 - 5/24/84 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 an Agreement subordinating the City's landlord's lien in favor of Republic Bank Lubbock, 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 detail. ii Passed by the City Council this 24th day of May , 1984. e4 Ff s ALAN HENRY9 MA OR ATTEST: k+ EvelynAGaffgaty Secr y -Treasurer C APPROVED AS TO CONTENT: i4 Dan Kanp, Director of Parks & Recreation IIk APPROVED AS TO FORM: c Mi ele lisar, Ass stent City Attorney t Original contract: 5/27/54 RESOLUTION 1695 - 5/24/84 Renewed 4/27/67 , ---. Reneged 3/ 10/7.1 -_12131/8.1 (_Mackenzie Park APDCVUCAIT WHEREAS, the City of Lubbock, hereinafter referred to as "City" is Lessor and Mackenzie Park Playground, Inc. d/b/a Joyland Amusements and/or Jimmy Dean Enterprises hereinafter referred to as "Joyland", is Lessee of a certain tract of land in Mackenzie State Park known as Mackenzie Park Playground, and WHEREAS, Joyland operates an amusement park and has placed various items of personal property on the premises such as amusement rides, booths and arcade games, and WHEREAS, Joyland has obtained certain loans from and will from time to time obtain loans from Republic Bank Lubbock for the purchase of additional items of personal property to be placed on the leased premises, and WHEREAS, the City agrees that it would be in the best interest of the City and Joyland for Joyland to purchase addi- tional items to place in Mackenzie Park Playground and City is willing to subordinate its statutory and contractual landlord's lien in so far as it encumbers the property purchased from the, proceeds of loans obtained from Republic Bank Lubbock and placed on the leased premises and used in the operation of amusement park. All rides and equipment placed in the Park must have prior approval of the City Park and Recreation Board. NOW THEREFORE, for the reasons set forth above: The City hereby agrees to subordinate its landlord's lien against any improvements to the leased premises which are financed by loans from Republic Bank Lubbock. The City agrees that the liens held by Republic Bank Lubbock against the said improvements shall have priority over any contractual or statu- tory lien held by the City. The City does not subordinate its landlord lien, either statutory or contractual, as to any other property or improve- ments placed on the leased premises. DATED this 24th day of ATTEST: Evely#7 Gaff City Secretary -Treasurer APPROVED AS TO CONTENT: Dan Kamp Director of Parks & Recreation APPROVED AS TO FORM: Mi le Glisar Assistant City Attorney - 2 - May 16 AL H NRY, AT 0 1984.