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SR-800-005 (5) . . ~tJtJ..- a;s Santa Monica, California .. AP:HED:LJS:mh Council Meeting 8/8/89 II-A AUG 0 8 1989 TO: Mayor and City Council FROM: city staff SUBJECT: Recommendation to Authorize City Manager to Negotiate and Execute a Lease with Brian and Michael Vidor to Develop and Operate a Restaurant in the Clover Field Terminal and Administration Building at Santa Monica Airport Introduction This report recommends that the City Council authorize the City Manager to negotiate and execute a lease with Brian and Michael Vidor to develop and operate an airport restaurant in the Clover Field Terminal and Administration Building. The restaurant operators intend to serve breakfast, lunch and dinner six days a week and include a full service bar and snack counter concession on the sky deck. They also will provide box lunch service and hot meals to the Santa Monica city College Center for the Humanities. Background The Clover Field Terminal and Administration Building, completed in July, 1988, contains a range of public amenities including space for a small restaurant overlooking the runway and a 1418 square foot sky deck located directly above the restaurant. The restaurant interior space is approximately 2400 square feet. An adjacent outdoor patio area, if fully enclosed, would increase by about one quarter the space available for dining. - 1 - I/_A AUG 0 '0'\19 . . ~ Design of the sky deck initially called for installation of a dumb waiter to service a snack counter concession. The dumb waiter and other basic provisions for the restaurant such as the floor, mechanical (HVAC) and electrical systems, plumbing and drainage, were deleted from the project after the first round of bids came in significantly higher than the city Engineer's estimate had suggested. Staff intended to provide a tenant improvement allowance to assist in completing the improvements necessary to attract a restaurant. The minimum cost of these improvements was estimated to be $250,000. Nevertheless, following the second round of bids, the successful bid was still higher than anticipated and no money was available to cover the restaurant's basic improvement costs. Accordingly, the strategy devised by staff was to allow the restaurant developer to deduct from the rental payments a sum equal to the cost of the basic improvements. The objective was to ensure that essential food service be provided to the Airport at a reasonable price. Description of the Developer Selection Process Initially, the Airport solicited bids on the restaurant in early 1987. The request for proposals was advertised widely in newspapers and ethnic publications from Ventura to San Diego County, as well as in Restaurant News, a national trade journal with a circulation of 352,000. Airport food concessionaires - 2 - . . ~ (Host, Red Baron, the Ninety-Fourth Aero Squadron) and local restaurant operators also were contacted. Minimum acceptable business terms included a fixed annual rent of $38,452, with triennial CPI increases after the first five years of operation, and a fixed percentage of the lessee's annual gross receipts for food and liquor sales of four and six percent respectively. The base rent requested was slightly above the appraised value. Percentage rents for the six comparable restaurants in the appraisal ranged from four to eight percent on food and beverage sales. The only proposal received as a result of the advertised bid process was withdrawn by the developer before agreement was reached. Over the next year, it became apparent that the limited size of the restaurant and the high cost of the build out tended to mitigate against the type of modestly priced restaurant that the Airport desired. However, discussions with six individual developers continued through March of 1989, when a request for proposals was issued. Three proposals were received by the deadline date but, following requests for clarification or verification of proposal information, only one proposer was responsive. Experience of Successful proposer The Brian and Michael Vidor proposal met the minimum acceptable business terms offered by the city. Furthermore, the principals have demonstrated that they are fully able to live up to their - 3 - . . guarantees and lease obligations during the period of time it will take for the restaurant to build up a clientele. The vidor family has been operating restaurants for more than 20 years. The restaurants have been an eclectic mix ranging from a French-style bistro, L'Auberge, in Portland, Oregon, to a 12 restaurant chain in three states called Macheesmo Mouse serving low priced and healthful Mexican food. As part of the Vidorst philosophy of doing business, the proposal includes both stock option and profit sharing plans for employees. The Vidor's commitment to affirmative action also includes the hiring of WBE/MBE professional consultants on the project, such as the restaurant accounting consultant, Mikio Koga, and Ruben santiago as graphics designer. The Vidor's propose a preliminary budget of $600,000 for tenant improvements and furnishings which include enclosing the lower outdoor patio, raising the floor so that every seat in the restaurant has a runway view I canopies for the upper outdoor patio and mechanical systems. A preliminary bid provided by Hamilton Contractors of El Toro, California, establishes an estimated cost of construction at $525,000. The proposed 180 seat restaurant (112 lower, 70 upper) will feature a combination of Chinese and American cuisine and incorporate an aviation weather theme in its graphics and decor. The restaurant. to be called "The Typhoon," will operate six days a week, serving breakfast, lunch and dinner. The breakfast and lunch menu will offer a diversified range of selections at prices - 4 - . . . competitive with the Kitty Hawk and similar restaurants in the Santa Monica Business Park. Selections on the dinner menu will be more expensive but still within the moderate range. A stage may be included for night time entertainment and a full service bar will be provided from the outset. The restaurant will offer a Sunday brunch. A telescope will be installed on the sky deck to encourage public use. In addition, speakers broadcasting the SMO Tower frequency also will be provided. The sky deck will be open to the public at large during non-peak hours of restaurant operation. Clever graphics already have been developed which invite the public during non-peak hours to visit the sky deck whether or not they place a food or drink order. A sample menu shows the restaurant will offer a wide variety of traditional American foods for breakfast and lunch with some Asian specialties. This is very similar to the Kitty Hawk which offers Italian specialties. The dinner menu will include more traditional Chinese dishes. The proposal also includes a box lunch program and catering for business and charter aircraft as well as inexpensive hot meal service for breakfast and lunch to the Center for the Humanities. Basic Lease Terms The basic terms Of the restaurant lease are outlined below: - Lease term: 15 years with an option to renew for ten years at a fair market rate to be established by the City. - Minimum investment required: $500,000. - Completion of tenant improvements: Improvements to the - 5 - . . ) site must be completed and a Certificate of Occupancy granted within six months of delivery of the shell or execution of the lease agreement. - Minimum base rent: Annual rent shall include a minimum base rent of $38,452.00 per year for the first five years of the lease, pI us a fixed percentage of the lessee's annual gross receipts for food and beverage sales. The base rent shall be subj ect to triennial adj ustment based on the increase in the Consumer Price Index, Unadjusted, All Urban Consumers, All Items, Los Angeles-Long Beach-Anaheim Area, for the prior years. The minimum base rent shall be waived for the initial three year period '36 months), in recogni tioD of the tenant improvement costs involved. - Percentage Rent: Royalty payment shall be paid to the city of four '4%) percent on all gross receipts for food and other sales and six (6%) percent on all gross receipts for beverage sales. Minimum rental payments shall be deducted from the percentage rent. For the first three years of the lease term the restaurant operator will be allowed to deduct up to 15% of improvement costs per year from the percentage rental due, up to a maximum of 45% of total tenant improvement costs. Percentage rent shall be paid quarterly. - The lessee shall be required to operate a restaurant at least nine hours a day, from 7 a.m. to 4 p.m., and shall have the right to operate the restaurant additional hours, up until 2 a.m. The tenant shall be required to operate at least six days per week. The lessee shall be required to obtain a full liquor license and to operate a full service bar during the hours that - 6 - . . the restaurant is open 7 provided, however, that lessee's obligations to operate a bar shall be conditioned upon obtaining a full liquor license. The parties shall enter into a lease containing many standard lease terms such as those found in the form prepared by the American Industrial Realty Association, which also will incorporate standard City of Santa Monica liability clauses and insurance requirements. The lease shall also comply with any and all FAA requirements, including affirmative action hiring and minority and women-owned business obligations. - The lease shall provide that the City will not enter into any new restaurant leases south of the runway without tenant I s consent during the term of the lease or any extension thereof. Additional restaurant operations will be authorized on the Airport's residual land. Budgetary/Fiscal Impact No fiscal or budgetary changes are required in the FY1989-90 revenue budget for the Municipal Airport. Recommendation staff respectfully recommends that the city Council authorize the city Manager to negotiate and execute a lease with Brian and Michael Vldor for the restaurant concession and leasehold in the Clover Field Terminal and Administration Building at Santa Monica Airport. Prepared by: Hank Dittmar, Airport Director Linda Sullivan, Sr. Administrative Analyst cc8BB9/mh - 7 -