Res 077-85 6/18/1985RESOLUTION NO. / I
RESOLUTION APPROVING FIFTH AMENDMENT OF CONTRACT
WITH WICHITA FALLS FUNLAND, INC.
WHEREAS, on July 12 , 1965, a contract was entered into
by and between the City and Wichita Falls Funland, Inc. , whereby
Funland was authorized to operate an amusement park on a portion
of Weeks Park, which contract has been amended several times;
and,
WHEREAS, this contract expires June 30, 1985, and the
City is willing to extend the term thereof for five ( 5 ) years ,
with certain other amendments to such contract .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain Fifth Amendment of Contract with Wichita
Falls Funland, Inc. , a copy of which is attached hereto, is
hereby approved, and the City Manager is authorized to execute
the same for the City of Wichita Falls.
PASSED AND APPROVED this the 18th day of June , 1985.
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M A Y O R
0/
111Per
ATTEST:
City Clerk
THE STATE OF TEXAS 0
COUNTY OF WICHITA
FIFTH AMENDMENT OF CONTRACT
WITH WICHITA FALLS FUNLAND, INC.
This Fifth Amendment of Contract made and entered into this
the 18th day of June, 1985 , by and between the City of Wichita
Falls, Texas , hereinafter called "City" , and Wichita Falls Funland,
Inc. , hereinafter called "Funland" ,
WITNESSETH:
WHEREAS, heretofore, on July 12 , 1965, a contract was
entered into by and between City and Funland for use by Funland
of a portion of Weeks Park for an amusement park; and,
WHEREAS, this contract expires June 30, 1985 , and Funland
desires to extend such contract ; City is willing to extend such
contract with certain amendments thereto.
NOW, THEREFORE, City and Funland do hereby agree as follows:
1. Such contract dated July 12, 1965, is hereby extended
for an additional period from July 1, 1985, through June 30,
1990.
2. It is further provided that , not later than 30 days
after City gives Funland written notice to do so, Funland shall
remove its railroad tracks which it maintains in Weeks Park, or
move such railroad tracks to another location within the park
which is designated by the City Manager.
3. Paragraph 4 of said contract dated July 12 , 1965, is
hereby amended to read as follows:
4 . Funland further agrees that it shall hold City harm-
less and indemnify and reimburse City for any damages or expenses
incurred by virtue of the operation of this amusement park, and
further agrees that it will secure and deposit with the City Clerk
a public liability insurance policy in the amount of $1, 000, 000
combined single limit in the name of Funland with City listed as
an additional named insured, to protect City against any claim
for injury to any person or property. Funland further agrees
that it will not make any claim to the City, and City shall have
no liability to it , for any flood damages that may occur on the
premises . "
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed as of the day and year first set out above.
CITY OF WICHITA FALLS, TEXAS
By:
James Berzina, City Manager
ATTEST:
City Clerk
WICHITA FALLS FUNLAND, INC.
By:
President
ATTEST:
Secretary
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