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.
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• (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.
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• (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.
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(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.
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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
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City Clcrk
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City Counselor
U.'Cunlncl Pilctllcmeialmoa CAWRdlhmi Cunlnct 2006.WPi 4
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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)