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HomeMy Public PortalAboutORD14123 BILL NO. 2006-95 SPONSORED BY COUNCILMAN: Ferguson ORDINANCE NO. /// 0 -5 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH NICK'S FAMILY RESTAURANT, INC. FOR THE PURPOSE OF OPERATING A RESTAURANT IN THE JEFFERSON CITY MEMORIAL AIRPORT TERMINAL 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 the purpose of operating a restaurant in the Jefferson City Memorial Airport Terminal Building, Section 2. The agreement 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. Passed: no ` ��� Appro U 51gyQ • P i Officer a A APP tl;iz M: City Cle C t un elor -1- CITY OF JEFFERSON LEASE AGREEMENT THIS LEASE made and entered into on the day of November, 2006,by and between the City of Jefferson, a municipal corporation, hereinafter referred to as"Lessor,"and Scott J. Raithel„ Owner and Operator, d/b/a 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 Cafd,with certain equipment, furnishings,and fixtures therein for a term of one(1)year commencing on the I st day of November, 2006 and terminating on the 31 st day of October, 2007, with an option to renew said lease upon mutual agreement for four(4) additional tens of one (1) year on the same terns and conditions. The option to renew said lease shall be expressed by Tennnt 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 Caf6 property,Tenant shall pay to the Lessor the amounts based on the following schedule: Term Annual Lease Amount First Tern November 1,2006 -October 31, 2007 $6,000,plus utilities Second Tenn November I, 2007-October 31,2008 $6,600,plus utilities Third Terns November 1, 2008 -October 31,2009 $7,200,plus utilities • Fourth Tenn November 1,2009-October 31, 2010 $7,800,plus utilities Fifth Tenn November 1,2010 -October 31,2011 $7,800, plus utilities 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 Community Development,Airport Division. If the lease is renewed as set out herein,the rent shall be subject to the adjustments provided herein. Lessor covenants and agrees: (a) LessoragrcesthatithasfurnishedtoTcnanttheEquipmentlistedinExhibitA(SectionDofProposal) and Tenant is authorized to use this equipment belonging to the Lessor and Tenant agrees to maintain and replace such equipment if necessary at its own expense. Restaurant equipment that has been acquired or replaced by the Tenant shall remain the property of the Tenant. (b) Tenant agrees that it has furnished the following Alterations: carpet (installed in 2003 and 2005), window blinds,window tinting,ceiling fans, ceiling repairs,and glass installed in kitchen wall/dining room (Exhibit A, Section C of Proposal) which shall remain property of the Lessor. Future items approved as Alterations by the Lessor shall become the property of the Lessor. (c) Tenant agrees to furnish all heat,air-conditioning,light and fuel for the Airport Cafd. Lessor agrees to bill Tenant monthly for electricity and natural gas consumed for the previous billing period. Payment of utilities shall be due within 20 days of billing, to be paid to the City of Jefferson, Department of Community Development, Airport Division. Lessor agrees to pay for water and • provide for water softening. I wconlma riles Ieauen'almoh cafe'KniOwl Conlma 2006.%pd • (d) Lessor will put Tenant in possession of the demised premises, and that as long as Tenant pay real 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 terns hereof without interruption from Lessor. (c) 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 Cafd. (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]case or sublet said premises,orally 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 tithes in a safe, neat and sightly condition and shall not permit the accumulation of any trash or debris on the premises. renant 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 alter Lessor has given written notice thereof, Lessor may take immnledinte 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, railure 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. • Q) At the termination of this lease,whetherat the expiration of the tcrin orupon forfeiturc,'fenarit agrees to surrender peaceful possession of said premises and all equipment furnished by Lessor, in good condition,usual wear and tear excepted. U^Contact rilesVkases'aimon are ltaiibcl Contract 2M6.wpt 2 • (k) Tenant for themselves,their heirs,personal representatives,successors in interest,and assigns,as a part ofthe consideration hereof,do hercby covenant and agree as a covenant running with the land that in the event facilities are constructed,maintained,orotherwise operated on the said property described in this ]ease for a purpose for which a Department of Community Development program or activity is extended or for another purpose involving the provision of similar services or bencf its,Tenant shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CPR 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 wider 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 CPR Part 21,Nondiscrimination in Federally Assisted Programs ofthc U.S.Department ofl'ransportation, and as said Regulations may be amended. (m) Tenant assure that they will undertake anaffnrnmtive action program as Required by14 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 suborganWitions 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 Stoics 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 tcrnn of this agreement, with insurance carriers acceptable to Lessor public liability insurance covering till of'renant's 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. 'ncc 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. U:conlncl l'ilei leaaeialp,ort earc,itailhel Con1nc12006.wpd1 3 (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. 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 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 tine 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,orto Tenant at the premises herein leased ormailed to Scott J.Raithel,3248 Arrowhead Drive, New Bloomfield,MO 65063. • (d) That this Agreement shall be binding upon tile parties their executors,administrators,heirs and assigns subject always to tine restriction herein contained as to the subletting or assignment of this lease. i 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 Mayor A f: ( '/ 9—AL 0 (21�L'/�/ City Clcrk AP=: City Counselor U.'Cunlncl Pilctllcmeialmoa CAWRdlhmi Cunlnct 2006.WPi 4 f . f SECTION D: • Equipment provided by City that is currently in use by Nick's Family Restaurant, Inc.: 14 dining tables 1 bus cart 3 bus tubs 1 stainless steel double sink 2 silverware trays 1 ice machine 3 ft gas grill I refrigerator/freezer upright I deep fryer with 2 baskets 2 reach in freezers I step stool 2 cutting boards 3 well steam table 9 ft exhaust hood with lights and fire system 10 ft counter 8 ft counter Wall shelving Fire extinguisher 1 mop bucket • 1 stainless steel sink 3 wooden high chair 4 booster chairs 2 sliding door Coke cooler 1 mop sink I aluminum can holder Equipment owned by Nick's Family Restaurant, Inc. that is currently in use: Dishwasher 1 dining table 72 chairs 2 waitress stations All coffee cups All glasses All plates All bowls All pots All pans 4 hot plates 4 skillets 3 Coke coolers 18 sugar containers IS salt and pepper shaker sets All bread baskets T, 1 food processor All knives, spoons, forks All servings utensils *` 4 catering chaffing dishes ;. ` '.:• 1 safe ? 2 catering warmers All pictures on wall r Curtains 4 ' 1 deep freezer 1 ice scoop 1 cash register All wooden"stock" shelving 1 waitress station in kitchen t Microwave .1 coat rack All trash cans 1 radio w/speakers 2 wall clocks 1 soda machine All table clothes Telephone and answering machine Credit card machine • -Lamp by cash register Beverage pitchers and carat s Candle holders Silverware basket(silver)