HomeMy Public PortalAboutORD15583 BILL NO. 2016-65
SPONSORED BY COUNCILMAN Henry
ORDINANCE NO. 1 5.-73
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH NICK'S FAMILY
RESTAURANT, INC., FOR SPACE WITHIN THE TERMINAL BUILDING AT THE
JEFFERSON CITY MEMORIAL AIRPORT.
WHEREAS, Nick's Family Restaurant, Inc., has been selected as the firm best
qualified to provide restaurant/cafe operation services at the Jefferson City
Memorial Airport.
NOW, THEREFORE, BE IT ENACTED BY THE , COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. 's Family Restaurant, Inc., is hereby approved as the best
qualified firm to provideNickrestaurant/cafe operation services at the Jefferson City
Memorial Airport terminal building, and its proposal is hereby accepted.
Section 2. The Mayor and Clerk are hereby authorized to execute a lease
agreement with Nick's Family Restaurant, Inc., for space at the Jefferson City Memorial
Airport.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval. Wi.
Passed: 4AL 1/' 7, 2 f4, Approved: 0; )-o/(,
0
Presiding_Ohcer:- =.- , /�Z� Mayor
ATTEST:--=_ .;- AP' 'OVED TO FORM:
YA. : =4
V '
ity Cler Inter m City Counselor r
HNANCEDEPARTMENT
PURCHASING DIVISION
SUBJECT: Proposal 2879 -Restaurant/Cafe Operat ion,
Publi c Works , A irp ort Division. Received September 19 ,2016
RECOMMENDATION :
Staff reco mme nds award to Scott Raithel, N ick 's Family Restaurant, In c. ofNew
Bloomfield , MO. The le ase w ill inc lud e payment to the City of Jeffer son in th e am o unt
of $700 .00 each month ($8 ,400.00/year) for year o ne . The lease ag reem ent may be
renewed for up to fo ur additional one year p e ri ods a t the sam e r ates fo r each year.
PROPOSALS RECE IVED:
Nick 's Famil y R estaurant
New Bloomfield, MO
Ye ar O ne
$8,400.00
F ive Year Total
$42,000.00
A to tal of fo ur additional operators we re contacted and th e RFP was adverti sed in News
T ribun e a nd posted o n th e City Web S ite.
F ISC AL NOTE:
Payments will be m ade to the City in the a mo unt of $70 0 .00 each month during year one.
PAST PERFORMANCE:
N ick's Family Restaurant has leased the airport resta ura nt/cafe for a n umbe r of years.
Staff feels the restaurant has been successfu l and recommends the lease be co ntinued.
ATTACHMENTS -SUPPORTING DOCUMENTATION
Department of Public Works Memorandum
320 E. McCarty Stree t • Jefferson City, Missouri 6510 1 • P 573-634-6410 • F 573-634-6562 • www.je ffc itymo .org
Date : September 26, 2016
To:
Through:
From :
Subject:
Terry Stephenson , Purchasing Agent , ~
1/ ~~ I
Matt Morasch, P .E ., Director of Public Works 1 t,l:;j__,1
Britt E. Smith , Operations Divi sion Director
Ron Craft, Airport Supervisor
Airport Cafe Lease-Bid Number P2879
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[ ..
The Airport would like to recommend acceptance of the sole proposal response for the
first five (5) years proposed, received from Nick 's Family Restaurant for the Airport Cafe
Lease.
$700.00 per month for five (5) years
bw
Public Works CORE -improve the £ommunity -take Qwnership-deliver Results -,Smpathize with the custome r
City of Jeffers on , Missouri
Tabulation of Bids
Bid Num ber P2879
Subj ect Ai rport RestauranUCafe Operati ons
Deet: Public Works Nick's Family Restaurant
Date: Se pte mber 19 , 2016 Jefferson City , MO
PAG E 1
ITEM Monthly Lease Amount
Year One monlthly lease price $ 700.00
Ye ar Two monlthly lease price $ 700 .00
Yea r Three monlthly lease price $ 700.00
Yea r Fo ur mo nlthly lease price $ 700.00
Ye ar Five monlthly lease price $ 700.00
Additional Years if Proposed
Year Six monthly leas e pr ice $ 800 .00
Year Seven month ly lease price $ 800 .00
Year Eight monthly lease price $ 800.00
Ye a r Nine monthly lease price $ 800.00
Year T en monthly lease pric e $ 800 .00
Proposal sent to following vendo r with no response :
Mel's Country Cafe , D udley's , Oscar's Diner
&Ad r5 g
CITY OF JEFFERSON
LEASE AGREEMENT
THIS LEASE made and entered into on theAi
day of r, 20�16, by and between the City of
Jefferson, a municipal corporation, hereinafter referred to as "Lessor," and Nick's Family Restaurant, Inc.,
hereinafter referred to as"Tenant."
WITNESSETH:
Lessor hereby leases unto Tenant and Tenant hereby takes from the Lessor as Tenant,the premises commonly known
as the Airport Café,with certain equipment,furnishings, and fixtures therein for a term of one(1)year commencing
on the 1st day of November,2016,and terminating on the 31'day of October,2017,with an option to renew said lease
upon mutual agreement for four(4)additional terms of one(1)year on the same terms and conditions. The option to
renew said lease shall be expressed by Tenant by giving written notice to Lessor of such desire to renew said lease at
least ninety(90)days prior to the expiration of the then current one(1)year period.
As rental for said Airport Café property, Tenant shall pay to the Lessor during the term November 1, 2016 through
October 31,2017,the sum of Eight Thousand Four Hundred Dollars and Zero Cents($8,400.00),payable monthly at
Seven Hundred Dollars and Zero Cents ($700.00). Payment of the rent due under this lease shall be paid in equal
monthly installments and shall be due and payable in advance on the first day of each and every month to the City of
Jefferson, Department of Public Works, Airport Division. If the lease is renewed as set out herein, the rent shall
remain the same, subject to any adjustments provided herein.
Lessor covenants and agrees:
(a) Lessor agrees that it has furnished to Tenant the carpet, sunscreens, and equipment(Exhibit A)and
Tenant is authorized to use this equipment belonging to the Lessor and Tenant agrees to maintain and
keep in good repair the carpet,sunscreens,and equipment at its own expense,ordinary wear and tear
excepted.
(b) Lessor agrees to furnish all heat,air-conditioning,light and fuel for the Airport Café. Lessor agrees
to furnish water and sewer charges,and provide for water softening. Tenant agrees to reimburse the
Lessor monthly for the cost of electricity and natural gas for the Airport Café and to maintain in
proper working order the grease trap.
(c) Lessor will put Tenant in possession of the demised premises, and that as long as Tenant pay rent
hereby specified observes and performs the several covenants and provisions herein provided to be
performed on the part of Tenant,Tenant shall peaceably hold and enjoy the demised premises,within
the terms hereof without interruption from Lessor.
(d) Lessor will maintain fire, liability and extended coverage upon said building and equipment owned
by Lessor in said building.
Tenant covenant and agree:
(a) To furnish any additional equipment need for the operation of the Airport Café.
(b) To pay the rent at the time and in the manner herein specified to Lessor at the City of Jefferson,320
East McCarty Street,Jefferson City,Missouri,or such other place as may be designated by Lessor.
(c) To use the roe for the operation of a restaurantandfor property rty p o no other purposes.
(d) Not to assign this lease or sublet said premises,or any part thereof,without first obtaining the written
consent of Lessor.
(e) Not to make any alteration or remodeling of any kind on said premises without first obtaining the
written consent of Lessor.
(f) Tenant shall maintain the leased premises at all times in a safe,neat and sightly condition and shall
not permit the accumulation of any trash or debris on the premises. Tenant shall provide a complete
and proper arrangement for the adequate sanitary handling and disposal,away from the airport,of all
trash, garbage and other refuse resulting from the operation of its business. Tenant shall provide
and use proper receptacles for all such garbage,trash and other refuse.
(g) To permit Lessor, or its authorized agents, to enter said premises at any time for the purpose of
inspecting or making repairs,and for all other purposes.
(h) To establish hours of operation and submit schedules to Lessor in advance of any schedule change
for approval. Lessor will not disapprove any reasonable schedule that provides the basic service
needed at the Airport.
(i) This lease may be canceled by Lessor if Tenant fails to make any rental payment at the time it is due,
or for any violation of other covenants contained in this lease. If Tenant fail to correct any default
within five (5) days after Lessor has given written notice thereof, Lessor may take immediate
possession of the leased premises and remove Tenant' effects forcibly, if necessary, without being
deemed guilty of trespassing. If the default causes an immediate danger to Lessor,the public or to
adjoining facilities, Lessor may close the leased premises and/or correct the dangerous condition at
the expense of Tenant. Failure of Lessor to declare this lease terminated upon any default of Tenant
shall not operate to bar, destroy or waive the right of Lessor to cancel this lease by reason of any
subsequent violation of the terms hereof.
(j) At the termination of this lease, whether at the expiration of the term or upon forfeiture, Tenant
agrees to surrender peaceful possession of said premises and all equipment furnished by Lessor, in
good condition,usual wear and tear excepted.
(k) Tenant for itself,its heirs,personal representatives,successors in interest,and assigns,as a part of the
consideration hereof,does hereby covenant and agree as a covenant running with the land that in the
event facilities are constructed, maintained, or otherwise operated on the said property described in
this lease for a purpose for which a Department of Public Works program or activity is extended or
for another purpose involving the provision of similar services or benefits,Tenant shall maintain and
operate such facilities and services in compliance with all other requirements imposed pursuant to 49
CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of
Transportation,and as said Regulations may be amended.
(1) Tenant for itself,its heirs,personal representatives,successors in interest,and assigns,as a part of the
consideration hereof,does hereby covenant and agree as a covenant running with the land that: (1)
no person on the grounds of race, color, or national origin shall be excluded from participation in,
denied the benefits of,or be otherwise subjected to discrimination in the use of said facilities,(2)that
in the construction of any improvements on, over,or under such land and the furnishing of services
thereon, no person on the grounds of race, color, or national origin shall be excluded from
in denied the benefits of, or otherwise be to discrimination,
participation subjected (3)that Tenant
shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR
Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Public Works
Transportation,and as said Regulations may be amended.
Page 2 of 4
(m) Tenant assures that it will undertake an affirmative action program as Required by 14 CFR Part 153,
Subpart E,to insure that no person shall on the grounds of race,creed,color,national origin,or sex
be excluded from participating in any employment activities covered in 14 CFR Part 152,Subpart E.
Tenant assures that no person shall be excluded on these grounds from participating in or receiving
the services or benefits of any program or activity covered by this Subpart. Tenant assures that it
will require that its covered suborganizations provide assurances to Tenant that they similarly will
undertake affirmative action programs and that they will require assurances from their
suborganizations,as required by 14 CFR Part 152, Subpart E,to the same effect.
(n) During time of war or national emergency Lessor shall have the right to enter into an agreement with
the United States Government for military or naval use of part or all of the landing area, the
publicly-owned air navigation facilities and/or other areas or facilities of the airport. If any such
agreement is executed,the provisions of the agreement with the Tenant, shall be suspended.
(o) This lease shall become subordinate to provisions of any existing or future agreement between the
Lessor and the United States of America or any agency thereof relative to the operation,
development,or maintenance of the airport,the execution of which has been or may be required as a
condition precedent to the expenditure of federal funds for the development of the airport.
(p) Tenant shall procure and maintain in effect for the term of this agreement, with insurance carriers
acceptable to Lessor public liability insurance covering all of Tenant' activities on leased premises at
the airport. The policy limits of the Public Liability Insurance shall be not less than $300,000 for
one person and $2,000,000 for any one occurrence. The limits specified shall apply separately to
personal injury and to property damage. The City of Jefferson shall be listed as an additional
insured on the policies. Tenant shall provide for the City of Jefferson a true copy of such insurance
coverage,and the policies shall contain a provision that said policies cannot be canceled or materially
modified except upon ten(10)days advanced written notice to Lessor.
(q) Tenant will clean and maintain the said premises leased to him in suitable condition for Tenant's
business.
(r) At the termination of this lease, Lessor retains the option of first refusal to purchase the airport
restaurant equipment from Tenant not owned by the Lessor.
(s) Illegal Immigration.
Prior to commencement of the lease:
a. Tenant shall, by sworn affidavit and provision of documentation, affirm its enrollment and
participation in a federal work authorization program with respect to the employees
working in connection with the contracted services.
b. Tenant shall sign an affidavit affirming that it does not knowingly employ any person who
is an unauthorized alien in connection with the contracted services.
c. If tenant is a sole proprietorship, partnership, or limited partnership, tenant shall provide
proof of citizenship or lawful presence of the owner prior to start of lease.
It is mutually agreed:
(a) That in the event that the premises leased hereunder is destroyed without fault of Tenant this lease
shall terminate.
(b) That if the building and premises are damaged without fault of Tenant so as to render the premises
untenantable, and the same cannot be restored to a condition substantially as good as prior to the
Page 3 of 4
damages,within forty-five(45)days,either party may terminate this lease by giving the other party
written notice thereof within ten(10)days after the damage. In the event of damage to the building
and premises, and the lease is not terminated, Lessor will, as promptly as possible, restore same to
condition substantially equal to its condition before the damage, and rent due will be prorated for
days lost.
(c) That any notice provided for herein may be given to the parties by personal service or by registered
mail addressed to Lessor at City of Jefferson, 320 East McCarty Street, Jefferson City, Missouri,
65101, or to Tenant at the premises herein leased or mailed to Nick's Family Restaurant, Inc., 3248
Arrowhead Drive,New Bloomfield,Missouri,65063.
(d) That this Agreement shall be binding upon the parties their executors, administrators, heirs and
assigns subject always to the restriction herein contained as to the subletting or assignment of this
lease.
This agreement shall be governed by and construed in accordance with laws of the State of Missouri.
This agreement constitutes the entire agreement between Lessor and Tenant.
LESSOR TENANT
CITY OF JEFFERSON,MISSOURI NICK'S FAMILY RESTAURANT,INC.
0./ 741:3— /OPP
Carrie Tergin
Mayor
ATTEST:
dir /4-140441
ity Clerk
APP:OVED AS O FORM:
City ounselor r
Page 4 of 4
CITY OF JEFFERSON
LEASE RENEWAL
WHEREAS,the City of Jefferson, Missouri, a municipal corporation, hereinafter designated as "Lessor",
entered into a Contract with Nick's Family Restaurant,Inc.,hereinafter referred to as "Tenant"on
November 8,2016;and
WHEREAS,the Lease was for rental of the premises situated in the Jefferson City Municipal Airport
Terminal Building, commonly known as the Airport Cafe,with certain furnishings and fixtures therein; and
WHEREAS,both parties wish to renew the agreement for the first of four additional one-year renewal
periods as stipulated in the agreement dated November 8,2016.
NOW,THEREFORE,be it agreed by the parties that the agreement is hereby renewed for the first of four
additional one-year periods to end October 31,2018.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this 0 day of
August,2017.
CITY OF JEFFERSON,MISSOURI
Carrie Tergin,Mayor
Date:<j-1-?Q (7
ATTEST:
gWdv (M^i^l/
hyilis Powell,City Clerk
APPROVED AS TO FORM:
NICK'S FAMILY RESTAURANT,INC.
Title:^>Date:jft^*^
ATTEST:
gj^v
Title:
CITY OF JEFFERSON
LEASE RENEWAL
WHEREAS,the City of Jefferson, Missouri, a municipal corporation, hereinafter designated as"Lessor",
entered into a Contract with Nick's Family Restaurant, Inc., hereinafter referred to as "Tenant" on
November 8, 2016; and renewed on August 8, 2017; and
WHEREAS, the Lease was for rental of the premises situated in the Jefferson City Municipal Airport
Terminal Building,commonly known as the Airport Cafe,with certain furnishings and fixtures therein;and
WHEREAS,both parties wish to renew the agreement for the second of four additional one-year renewal
periods as stipulated in the agreement dated November 8, 2016.
NOW,THEREFORE,be it agreed by the parties that the agreement is hereby renewed for the second of
four additional one-year periods to end October 31, 2019.
CITY OF JEFFERSON,MISSOURI NICK'S F, I LY RESTAURANT,INC.
.. ,A4Ilii OrAP:air
aatiA4; (
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........::....------ --JP---
Carrie Tergin, Mayor itle:
Date: g -028 -� Q Date: 7' l
ATTEST: ATTEST:
Ci y Clerk Title:
APPROVED AS TO FORM:
City Co. : or