Loading...
1995-070E:\WPDOCS\ORD\MORRISON.O ORDINANCE NO. ~--'~ ~O AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF DENTON AND THE MORRISON MILLING COMPANY FOR LEASE OF WAREHOUSE SPACE AT 601 EAST HICKORY STREET; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute Amendment No. 1 to Agreement Between the City of Denton and the Morrison Milling Company for a lease of warehouse space at 601 East Hickory Street, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the/~day of ~ , 1995. / ATTEST: JENNIFER WALTERS, CITY SECRETARY APP~V;~ ~ TO 3EGAL ;03;: MICHAEL A. BUCEK, ACTING CITY ATTORNEY AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF DENTON AND THE MORRISON MILLING COMPANY DATED MAY 5, 1992 WHEREAS, on May 5, 1992, the CITY of DENTON, DENTON COUNTY TEXAS, hereinafter called "CITY", and the MORRISON MILLING COMPANY, hereinafter called "MORRISON", entered into a Lease Agreement Between the City of Denton and the Morrison Milling Company for Warehouse Space at 601 East Hickory hereinafter called "Lease"; and WHEREAS, the Lease provides for a First Term beginning on May 1, 1992 and terminating on April 30, 1997; and WHEREAS, the Lease provides that Morrison may extend the Lease to April 30, 2002 for a Second Term by giving written notice that Morrison wishes to extend the Lease; and WHEREAS, the Lease provides that the City may reduce or ter- minate the Lease during the Second Term by giving Morrison one-year notice of said reduction or termination; and WHEREAS, Morrison desires to extend the Lease for the period contemplated by the Second Term, but extend the notice period for the City to reduce or terminate the Lease during the Second Term to two-years; and WHEREAS, City desires to extend the Lease for the Second Term; NOW, THEREFORE, W I TNE S SETH: ARTICLE I. Article III. TERM, section 3.02. Second Term of Lease is hereby and herewith deleted from Lease and replaced with the following: 3.02. Second Te~m. This Lease shall continue in effect for the Second Term of this Lease beginning on April 30, 1997 and terminating on April 30, 2002, pursuant to the same terms and conditions as during the First Term; pro- vided that rent shall be as set forth in the Lease for the Second Term. ARTICLE II. Article III. TERM, section 3.03. Termination or Reduction in Second Term of Lease is hereby and herewith deleted from Lease and replaced with the following: 3.03. Termination or Reduction in Second Te~. The City shall have the right during the Second Term to termi- nate this Lease or to reduce the square footage of the enclosed space in the Leased Property if the City deter- mines, in its sole discretion, that all or part of the Leased Property is needed for City functions or operations, by giving Morrison written notice not less than two (2) years prior to the effective date of the reduction or ter- mination. City shall not give written notice of termina- tion pursuant to this provision of the Lease prior to April 30, 1997. The City may only reduce the Leased Property in increments that include the total leased area that encom- passes Building Area C or F, or both, as shown on Exhibit A to the Lease. The City's notice of reduction to Morrison must designate the amount of reduction. If the City elects to reduce the Leased Property, Morrison shall have the right to terminate this Lease by giving the City written notice within sixty (60) days from the date Morrison receives notice of the City's election. Morrison's ter- mination shall be effective two (2) years from the date Morrison receives the City's notice of reduction. ARTICLE III. Except as specifically amended herein, the terms and conditions of the Lease, as executed by the parties on the 5th day of May, 1992 remain in full force and effect. ARTICLE IV. This Amendment shall become effective immediately upon its execution. Executed this /~ day of ~ , 1995. CITY OF DENTON, TEXAS BY: ~~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:~J~ /~~~ PAGE 2