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RFP – 24 – 08

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RFP

CITY OF HOBOKEN
ADDENDUM TO RFP DOCUMENTS

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RFP – 24 – 08 Competitive Contracting-Café Operations at Sinatra Park This Addendum # 2 dated March 28, 2024, is issued to modify the above-mentioned RFP, and is hereby made part of the RFP documents. Please attach this Addendum #2 to the original documents in your possession and ensure same is included in your proposal. This addendum includes:

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Q1. When does the current lease terminate?
A1. November 14, 2024

Q2. Will the new vendor pay rent when the restaurant is closed for renovations at the beginning of the new lease?

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A2. Per the RFP, the term of the lease agreement shall begin on the date the agreement is executed with the City of Hoboken. The vendor shall pay rent upon the commencement date of the lease agreement, which is anticipated on or around November 15, 2024.

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Q3. The RFP says the City will negotiate with the vendors (page 22 of the RFP), but the Local Public Contracts Law precludes negotiation with vendors in competitive contracting (Under no circumstances shall the provisions of a proposal be subject to negotiation by the contracting unit." N.J.S.A. 40A:11-4.5).
- Do you plan to amend the RFP?

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A3. The City does not intend to amend the RFP. The cited section indicates that the City may negotiate the terms of the resulting contract, not the proposal.
Q4. Are operations of facility to continue as existing? (Ex. Table service, hours of operation, product service).
A4. Per the RFP, see “Café Operations” section.

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Q5. Are floor plans for the main floor and storage second floor available? Are CAD drawings available or will we be permitted to have an architect draw them before making our bid?
A5. Floor plans are not available. The selected lessee shall be permitted to have an architect draw plans after the City Council approves a resolution authorizing a lease agreement.

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Q6. Is there a draft lease form that we may review prior to making our bid? What rent structure is expected for this space: modified gross, triple net, full gross, percentage, etc.?
A6. A draft lease agreement is not available. However, the City entered into a similar lease agreement with a concession operator for the Café at ResilienCity (Northwest Resiliency)

Park earlier in 2024. That lease agreement is publicly available at
https://hobokennj.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=32895&MeetingID=2728.

Q7. Are the trailing 3-5 years of operating expense charges available for review? Does the tenant pay property taxes of any kind because the landlord is the municipality or is that factored into the rent?

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A7. The City cannot provide operating expenses for the current vendor of Sinatra Park Café. The selected lessee shall not be responsible for property taxes as the City of Hoboken is tax exempt.

Q8. Will the current operator be leaving any FF&E behind or will it be removing any of the kitchen or refrigeration equipment?
A8. The City cannot provide an answer to this question at this time.

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Q9. Is the municipality planning to provide any base building work prior to the tenant taking occupancy? What condition will the space be delivered to the tenant?

A9. The City shall be replacing the roof of Sinatra Park Café and Fire Alarm Panel in 2024. No other improvements are anticipated prior to the lease agreement.

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Q10. What is the earliest occupancy date that the tenant could take possession of the space?
A10. The earliest occupancy date could be the commencement date of the lease agreement which is anticipated on or around November 15, 2024.

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Q11. What is the minimum and maximum length of lease term that the municipality will entertain as part of the bidding process?
A11. Per the RFP, see “Term” section.

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Q12. Does the current operator own the in-place liquor license or is it controlled by the municipality? In either case, how would that license be transferred? Is it a full Class-C license or would we need to purchase an available one?

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A12. The current operator holds a special concessionaire permit for beer and wine from the State Alcoholic Beverage Control Division of the Department of Law & Public Safety. Per the RFP, see “Permitted Uses” section.

Q13. Mr. Crescenzo is currently the owner-operator of Taverna Di Bacco located at 175 Ludlow Street in New York. He will set up a new New Jersey entity for the new restaurant. Will he need to set up that entity prior to making our bid at the end of the month?

A13. The entity proposed as the lessee shall be the entity that submits the proposal.

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Q14. Does 525 Sinatra Drive have any history of flooding and what is the flood mitigation plan for the location?
A14. Sinatra Park is in a FEMA special flood hazard area AE El. 9 ft. and Sinatra Park, like much of Hoboken, experienced flooding during Superstorm Sandy.

Per the RFP, the lessee shall be subject to any and all applicable state and local laws and responsible for securing all required permits, including those for flood damage prevention.

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Q15. What are the best places for patrons to park when visiting the restaurant?
A15. The Hoboken Parking Utility offers metered on-street parking and off-street parking in garages. More information is available at www.hobokennj.gov/resources/hoboken-parking- utility.

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Q16. Are there any general prohibitions related to the use, hours, or general operation of a restaurant at this location? Will the municipality require any continuous operations clause in the lease provided the tenant is not otherwise in default under all other provisions of the lease?
A16. Per the RFP, see “Hours of Operation” section.

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Q17. Is union labor required for any tenant build-out work within the space?
A17. Per the RFP, see “Maintenance and Improvements” section. Applicable legal requirements will be determined based on the proposed improvements or modifications.

Q18. Is the current restaurant operator also bidding on additional lease term for the location or is the bid for a scheduled upcoming vacancy for the location?
A18. The current lease is set to expire. All qualified vendors may respond to the request for proposals.

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This addendum is posted on the City of Hoboken website to ensure compliance. The City will not accept any further RFI/questions at this time.
There are no other changes to the RFP documents as part of this addendum.

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ATTEST:                                Date: March 28, 2024
Jennifer Mastropietro, QPA Purchasing Agent

CITY OF HOBOKEN
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
RFP – 24 – 08

Competitive Contracting-Café Operations at Sinatra Park
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
Addendum Number        Date             Acknowledge Receipt(Initial)

Addendum # 1      March 18, 2024

Addendum # 2      March 28, 2024

No addenda were received:
Acknowledged for:
(Name of Bidder)

By:                         Date:
(Signature of Authorized Representative)

Name:                        Title/Position:
(Print or Type)

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