HomeMy Public PortalAboutORD14856 BILL NO. 2011-72
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. / 4�1 �
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.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. 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 2. The lease shall be substantially the same in form and content as Exhibit
A attached hereto.
Section 3. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
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Passed,- , ��� App roved
: l
Presiding 1cer mayor
ATTEST: APPROVED AS TO FORM:
'City Clerk Interim City Counselor
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Bate, August 26,2011
TO: Terry Stephenson,Fur-chasing Agent
From: Britt Smith, PE,Operations Division Difector
Matt Morasch, PE,Interim Director of Public Worksn
Subject: Dick's Family Restaurant Lease Agreement
Attached are the bid documents submitted by Scott Raitfiel,~erof Nick's Family Restaurant
for the restaurant lease in the ui rpoat tenminai building.The proposal is to continue!ea$iV the
restaurant area k $7.aOO annually.Nick's Fem ily Restaurant was the anly one to submit a
proposal.
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U VNitk•sFarudi Res[Imawrnamo2.dmx
FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Proposal 2556–Restaurant/Cafe Operation, Airport Division
Received July 19, 2011
PROPOSALS RECEIVED: Year One Five Year Total
Nick's Family Restaurant, Inc. $7800.00 $39,000.00
New Bloomfield, MO
A total of seven operators were contacted and the RFP was advertised in News Tribune
and on the City Web Site.
FISCAL NOTE:
Payments will be made to the City in the amount of$650.00 each month.
PAST PERFORMANCE:
Nick's Family Restaurant has leased the airport Restaurant/Cafe for the past ten years.
Staff feels the restaurant has been successful and recommends the lease be continued.
RECOMMENDATION:
Staff recommends award to Scott Raithel,Nick's Family Restaurant, Inc. of New
Bloomfield, MO. The lease will include a$650.00 monthly payment to the City of
Jefferson for a total of$7,800.00 each year. The lease agreement may be renewed for up
to four additional one year periods at the same rates for each year.
ATTACHMENTS - SUPPORTING DOCUMENTATION
Signature C14ALd 11 &0-
Purcha�jnA gent Interim Director of Public Works
CITY OF JEFFERSON
LEASE AGREEMENT
THIS LEASE made and entered into on the ,/
_ day of September,2011,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 Cafe,with certain equipment, furnishings,and fixtures therein for a term of one(1)year commencing
on the I'day of November,2011,and terminating on the 3 l'day of October,2012,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 Cafd property, Tenant shall pay to the Lessor during the term November 1, 2011 through
October 31, 2012,the sum of Seven Thousand Eight Hundred Dollars($7,800.00),payable monthly at Six Hundred
Fifty Dollars($650.00). 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 Cafe. Lessor agrees
to pay for water and provide for water softening.
(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 Cafe.
(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 property for the operation of a restaurant and for 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.
UAContract rilesVeaseslairport cafeVUTort Cafe 2011.wpd
(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 fail 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 Iease 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 themselves,their heirs,personal representatives, successors in interest, and assigns, as a
part ofthe consideration hereof,do 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 themselves,their personal representatives,successors in interest,and assigns,as a part of
the consideration hereof,do 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
participation in, denied the benefits of, or otherwise be subjected to discrimination, (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.
UAContract Filesllcaseslairport cnfbVA rport Cafe 201 l.wpd 2
(m) Tenant assure that they 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 assure 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 assure that they will
require that their 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 Government, 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) Illegallnrmigration.
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. Iftenant 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
LIAContraat FilesVeaseslairport cafMirport Cale 2011.wpd 3
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,
65 10 1, 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,MrSOURI NICK'S F R STA , C.
Mayor `
ATTEST:
'`City Cleat'
APPROVED AS TO FORM:
I Brim City Counselor
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a4�1- ,
CITY OF JEFFERSON
AMENDMENT TO LEASE
WHEREAS, the City of Jefferson, Missouri, a municipal corporation, hereinafter
designated "City," entered into a Lease with Scott J. Raithel, a sole proprietor, owner
and operator,dlbla Nick's Family Restaurant, Inc.,hereinafter referred to as"Tenant",
on November 22, 2006, and amended April 7, 2008, September 18, 2008, and December 7; 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 extend the lease for the first of four additional one-year
renewal periods as stipulated in the agreement dated September 21, 2011.
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, 2013.
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals
this 11-ft, day of July, 2012.
CITY OF JEFFERSON, MISSOURI TENANT
Mayor Scott Raithel
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Counselor
U:AC'."r w1 i lr.lti a +\ainirl rdbyamienlmrni'y'DI G•tiLn pol
CITY OF JEFFERSON
AMENDMENT TO LEASE
WHEREAS, the City of Jefferson, Missouri, a municipal corporation, hereinafter
designated "City," entered into a Lease with Scott J. Raithel, a sole proprietor, owner
and operator, d/b/a Nick's Family Restaurant, Inc., hereinafter referred to as"Tenant",
on September 21, 2011, and amended July 11, 2012, August 30, 2013, and September 8, 2014;
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 extend the lease for the fourth of four additional one-year
renewal periods as stipulated in the agreement dated September 21, 2011, and amended July
11, 2012, August 30, 2013, and September 8, 2014.
NOW, THEREFORE, be it agreed by the parties that the agreement is hereby renewed for
the fourth of four additional one-year periods to end October 31, 2016.
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals
this day of August, 2015.
CITY
yOF JEFFERSON, MISSOURI TENANT
Mayor — U Scott Raithel
ATTEST:
City Clerk
APPROVED AS TO FORM:
Counselor
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