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~ /~~~
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