HomeMy WebLinkAbout09-08-2022 Airport CommissionIOWA CITY AIRPORT COMMISSION
MEETING AGENDA - REVISED
AIRPORT TERMINAL BUILDING
1801 S. RIVERSIDE DRIVE
IOWA CITY, IOWA
THURSDAY, SEPTEMBER 8, 2022 - 6:00 P.M.
1. Determine Quorum
2. Approval of Minutes from the following meetings:
August 8, 2022; August 11, 2022
3. Public Comment- Items not on the agenda
1 min"
2 min
5 min
4. Items for Discussion / Action:
a. Hangar Mural Project 10 min
b. Airport Construction Projects: 30 min
i. FAA grant projects
1. Runway 7/25 Rehab East End
2. Runway 25 Threshold Relocation
ii. Iowa DOT grant projects
1. South T-hangar infrastructure
2. FY23 Iowa DOT Grants
a. Consider a resolution authorizing Chair to sign and accept FY23 Iowa DOT
grants (A22-24)
iii. Airport/Locally Funded Projects
1. Parking Lot Additions
a. Consider a resolution accepting bids and awarding contract (A22-25)
iv. Future Projects
1. Terminal Area Study
2. Solar Power/Panel
c. Airport "Operations"
i. Management
1. Airport Manager Job Description
2. Strategic Plan
Budget
1. Consider a resolution approving lease for Hangar #31 (A22-26)
2. Consider a resolution approving lease for Hangar #33 (A22-27)
iii. Events
1. Drive-in Movies: October 8
2. Pancake Breakfast: Completed
3. Autocross: All events completed
d. FBO / Flight Training Reports
i. Jet Air
e. Commission Members' Reports
f. Staff Report
5. Set next regular meeting for October 13, 2022
6. Adjourn
30 min
10 min
2 min
2 min
Airport commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 2 of 63
SUBCOMMITTEE MINUTES
DRAFT
IOWA CITY AIRPORT COMMISSION
August 9, 2022 — 5:00 P.M.
AIRPORT TERMINAL BUILDING
Members Present: Scott Clair, Judy Pfohl, Hellecktra Orozco
Members Absent: N/A
Staff Present: Michael Tharp
Others Present:
DETERMINE QUORUM
A quorum was determined at 5:03 pm and Pfohl called the meeting to order.
ITEMS FOR DISCUSSION / ACTION
Discussion of Hangar Art Mural Project — Members discussed a new schedule for the art
mural project. Clair stated that due to increased workloads at his job, he would be taking
a lesser role with the subcommittee and was glad that Orozco joined the group.
Members divided up tasks for the project.
ADJOURN
The meeting was adjourned at 5:55pm
CHAIRPERSON DATE
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 3 of 63
Airport Commission
ATTENDANCE RECORD
2022
TERM
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NAME
EXP.
N
N
N
N
N
N
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N
N
N
N
N
N
N
N
N
Warren
06/30/26
Bishop
X
O/E
X
X
X
X
X
X
X
X
X
X
X
X
X
O/S
Scott Clair
06/30/23
X
X
X
X
X
O/E
X
X
X
X
X
X
X
X
X
X/S
Christopher
06/30/25
X
X
X
X
X
O/E
X
X
X
X
X
O/E
X
X
X
0/5
Lawrence
Hellecktra
06/30/24
O/E
O/E
X
X
X
X
X
X
X
X
X
X
X
X
X
X/S
Orozco
Judy Pfohl
06/30/26
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X/S
Kev:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
X/S = Present for subcommittee meeting
O/S = Absent, not a member of the subcommittee
Airport commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 4 of 63
MINUTES
IOWA CITY AIRPORT COMMISSION
August 11, 2022— 6:00 P.M.
AIRPORT TERMINAL BUILDING
101 M-32I
Members Present: Warren Bishop, Scott Clair, Judy Pfohl, Hellecktra Orozco, Chris
Lawrence
Members Absent:
Staff Present: Michael Tharp, Jennifer Schwickerath
Others Present: Matt Wolford, Carl Byers, John Yeomans
DETERMINE QUORUM
A quorum was determined at 6:05 pm and Pfohl called the meeting to order.
APPROVAL OF MINUTES
Bishop moved to accept the minutes of June 9, 2022, seconded by Orozco. Motion carried 5-0
PUBLIC COMMENT
None.
ITEMS FOR DISCUSSION / ACTION
a. Farm Lease — Pfohl stated that folks where happy with the farm operations. Tharp
introduced John Yeomans, Tharp stated that Yeomans was the farm manager for
Farmer's National Company and the Airport's point of contact for any farm related
issues. Tharp stated that during August and September the Commission had the
opportunity to break the farm management contract and his recommendation was
to continue the contract. Yeomans stated that during this period they also have the
opportunity to break the farming agreement with the tenant farmer and the farmer
could do the same. He was recommending that they break the current agreement
with the farmer to negotiate updated terms. Clair moved to keep the farm
management agreement with Farmer's National Company, and break the
contract with the farming tenant, seconded by Orozco. Motion carried 5-0
b. Airport Construction Projects:
i. FAA grant projects
1. Runway 7/25 Rehab East End — Tharp noted the contractor has
been in and the work was completed in 5 days. Tharp noted they
did have a resolution to accept the project as complete on the
agenda. Tharp stated that the final cost was $122,377.40
a. Consider a resolution accepting the project as complete.
(A22-22) Bishop moved the resolution, seconded by
Lawrence. Motion carried 5-0
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 5 of 63
2. Runway 25 Threshold Relocation — Tharp stated the work was on
pause until October. He noted they had all of the west side switch
to LED lights and about half of the east side. Byers noted a few
more lights that were changed out. Tharp stated there was a
NOTAM in place for non-standard edge lighting. Bishop noted that
since the runway work was done he didn't notice a real obvious
change in the lighting. Tharp noted that the rest of the work was still
planned for the first couple of weeks of October and they would be
reaching out to the contractor for scheduling and work info to push
to the tenants.
ii. Iowa DOT grant projects
1. South T-hangar infrastructure — Tharp noted they opened bids
last week and they came back where they had expected them.
Tharp noted they had a recommendation to award the contract with
the alternate bid to add extra length to the taxiway. Tharp noted
they total cost was just under $300,000.
a. Consider a resolution accepting bids and awarding
contract to All American Concrete, LLC (A22-23) Orozco
moved the resolution, seconded by Clair. Motion carried
5-0
2. FY23 Iowa DOT Grants - Tharp stated the Transportation comment
met and approved the FY23 aviation program for the state. He
stated they were expecting 2 grants for the wayfinding and
monument sign and the terminal building rehab work. Wolford
asked about the timing of the work. Tharp noted that it would likely
be a spring project.
iii. Airport/Locally Funded Projects
1. Hangar A Mural Project - Clair stated they had met with Tharp on
Tuesday and put together a plan for the project and a timeline of
work. Clair noted they were working on getting a project estimate
and that they were looking at kicking off the fundraising drive in
October. The RFQs would be completed in January. Members
discussed the schedule.
2. Parking Lot Additions - Tharp stated the plans were out for quotes
and were due back August 23rd. Tharp stated they hoped to still get
the work done this fall.
iv. Future Projects
1. Terminal Area Study - Byers discussed a potential project scope
with the Commission members. Byers described a location area
consisting of the terminal building and frontage area out to Riverside
Drive. Byers stated they were looking at three levels for the review.
First was the renovation of the existing building. 2nd would be a
larger renovation and potential addition to the existing building and
lastly would be a complete teardown and rebuild. Byers discussed
additional data collection and information collection methods with
the Commission to get a better idea of what services users wanted
that would need to be incorporated into the new concept. Members
asked Byers questions. Tharp stated he intended to discuss the
plan with FAA at the conference in Kansas he was attending. Byers
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 6 of 63
also stated they had to be aware of areas that might not be funded
by FAA as well during the study and proposed buildout. Members
discussed possible additional study areas as well that might be able
to be included in the review. Lawrence asked about funding to
which Tharp stated the study was using funding from the Bipartisan
Infrastructure Law and they would seek the larger grant fund
specifically for terminal buildings for the construction project.
Members continued to discuss with Tharp the grant timelines. Byers
noted that there may be also an additional step of having to go
through a selection process as he's heard of that being required
from other airports.
2. Solar Power/Panel -Tharp noted this was just on the list to continue
the conversation and to get a scope put together. Byers noted that
its possible this would also be required to have a selection process
completed.
c. Airport "Operations"
i. Management
1. Airport Manager Job Description - Pfohl stated that she was
looking into the Airport Manager job description. Even though the
Commission changed the job title the description still needed to be
updated as it was written to be the Operations Specialist.
Schwickerath noted that she had reached out to Human Resources
and they had relayed that prior to the Airport Operations Specialist
position being created there had been a prior Airport Manager job
description in a higher pay grade. Schwickerath also stated that
there was also going to be another job classification study
completed.
2. Strategic Plan - Tharp noted that the Strategic plan expires this
fiscal and that he had reached out to the previous facilitator to
discuss doing a new one. Tharp stated for a 5-year plan that had 2
years worth of pandemic disruption in the middle of the Commission
had a lot of completed things they should be proud of. Tharp
discussed the goals and objectives with the Commission and listed
out steps that had been taken to accomplish those tasks.
Commission members asked questions to which Tharp responded.
Tharp noted that he was meeting with the potential consultant on
September 1st
ii. Budget
1. T-hangar rates 2022-2023 — Tharp stated that he did his best to
look at rates of airports within an hour's drive from Iowa City. Tharp
noted that Cedar Rapids had just begun a phased plan to increase
their hangar rates. Tharp stated that he put a memo together for the
Commission which showed previous rates and adjustments and
noted that this year he was recommending a 10% increase across
the board. Clair motioned to increase t-hangar rates by 10%,
seconded by Orozco. Motioned carried 4-0 (Bishop abstained)
iii. Events Tharp stated they were coming up on the end of the year so their
events list was getting shorter. He noted they have one more week of
Airport commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 7 of 63
Autocross, the pancake breakfast, and a couple of movies left including one
over Labor Day weekend.
1. Autocross: July 24; August 21
2. Drive-in Movies: September 2, October 8
3. Pancake Breakfast: August 28
d. FBO / Flight Training Reports —
i. Jet Air - Wolford noted that it was a short month but they were still busy. He
state he was happy that traffic was back up after the runway closures.
Lawrence asked Wolford about traffic in relation to the pilot and mechanic
shortages to which Wolford responded. Wolford noted they also lease
aircraft out to area flight schools and noted their Skyhawk leased to Marion
had 150 hours on it in a month.
e. Commission Members' Reports Orozco asked about the flight simulator and its
replacement. Tharp responded.
f. Staff Reported — Tharp noted that he would be gone in the afternoon on Friday as
and Monday and Tuesday of next week as well Wednesday— Friday of the following
week.
SET NEXT REGULAR MEETING
The next meeting is scheduled for 6:00 pm, Sept 8, 2022, at the Airport.
ADJOURN
Pfohl moved to adjourn, seconded by Lawrence. Motion carried 5-0. Meeting was adjourned at
7:20pm.
CHAIRPERSON DATE
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 8 of 63
Airport Commission
ATTENDANCE RECORD
2022
TERM
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NAME
EXP.
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
Warren
06/30/22
Bishop
X
O/E
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Scott Clair
06/30/23
X
X
X
X
X
O/E
X
X
X
X
X
X
X
X
X
X
Christopher
06/30/25
X
X
X
X
X
O/E
X
X
X
X
X
O/E
X
X
X
X
Lawrence
Hellecktra
06/30/24
O/E
O/E
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Orozco
Judy Pfohl
06/30/22
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Kev:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 9 of 63
Prepared by: Michael Tharp, Airport Manager, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
Resolution number:
Resolution authorizing chairperson to accept Iowa Department of
Transportation aviation grants for airport wayfinding signage and
terminal building rehabilitation projects.
Whereas, the Iowa City Airport Commission has previously applied for grants from the
Iowa Department of Transportation for work associated with the above referenced
projects; and
Whereas, the Iowa City Airport Commission is expecting grant offers from the Iowa
Department of Transportation; and
Whereas, it is in the best interest of the Iowa City Airport Commission to accept said
grants.
Now, therefore, be it resolved by the Iowa City Airport Commission:
1. The Chairperson is authorized sign and the Secretary to attest to acceptance of
the Iowa Department of Transportation grant for work associated with airport
wayfinding signage and terminal building rehabilitation projects.
Passed and approved this day of 2022.
Chairperson
Secretary
Approved by:
Cilty Attney's Office
It was moved by and seconded by the
Resolution be adopted, and upon roll call there were:
Ayes Nays Absent
Bishop
Clair
Lawrence
Orozco
Pfohl
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 10 of 63
Prepared by: Michael Tharp, Airport Manager, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
Resolution number:
Resolution accepting bids and awarding contract for the "Airport
Parking Expansion" project.
Whereas, All American Concrete, Inc. of West Liberty, Iowa has submitted the lowest
responsive bid of $72,577.00.
Now, therefore, be it resolved by the Iowa City Airport Commission:
1. The bids for the above -named project are accepted.
2. The contract for the construction of the above -named project is hereby awarded
to All American Concrete, Inc. subject to the conditions:
a. That awardee secures adequate performance and payment bond, insurance
certificates, and contract compliance program statements.
3. The Chairperson is hereby authorized to sign and the Secretary to attest the
contract for construction of the above -named project, subject to the condition that
awardee secure adequate performance and payment bond, insurance
certificates, and contract compliance program statements upon instruction from
legal counsel.
Passed and approved this day of
Approved by:
Chairperson
2022.
1. 1_yauil
Secretary
It was moved by and seconded by the
Resolution be adopted, and upon roll call there were:
Ayes Nays Absent
Bishop
Clair
Lawrence
Orozco
Pfohl
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022
August 31, 2022
Judy Pfohl, Chairman, Iowa City Airport Commission
City of Iowa City
410 East Washington Street
Iowa City, IA 52240
RE: 2022 Airport Parking Lot Extension
Recommendation of Award
CIP No.: A3447
Dear Mrs. Pfohl:
P 1
LW4
��r"111ykpM
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(319) 356-5000
(319) 356-5009 FAX
www.lcgov.org
The 2022 Airport Parking Lot Extension received two quotes prior to the quotation deadline of August
23, 2022. Both quotes were responsive. The Engineer's Opinion of Probable Cost (EOPQ for the project
was $70, 000.00. Below is a summary of the received quotations.
The quotation received from All American Concrete, Inc. was 3.7% above the EOPC for the project and
was determined to be the lowest responsive, responsible bidder. The bid has been determined
reasonable; therefore, it is recommended that the quote be accepted, and the project awarded to All
American Concrete, Inc.
The bid tabulation is attached for your use.
If you have questions related to the project or regarding the quotes, please feel free to contact me.
Sincerely,
Justin S. Harland, P.E.
Senior Civil Engineer
City of Iowa City
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 13 of 63
CITY OF IOWA CITY - Job DescriDtion
Non Civil Service
Identification
Position Title: Airport Manager
Department: Airport
Division: Airport
Supervisor: Airport Commission Chair
Job Summary
Under immediate direction, performs routine clerical and managerial duties requiring knowledge of
Airport Commission, City of Iowa City, and State of Iowa, and Federal Aviation Administration rules and
regulations. Provides general information to the public regarding Airport activities and services.
Job Scope
Directly supervises one employee and part time staff. Assists in the development of the budget and
makes recommendations for purchases, capital items or additional employees during the annual
budget process. Monitors expenditures during the year.
Essential Job Duties and Responsibilities
Greets the public, answers telephone and directs calls and records messages.
Maintains office correspondence, computer files, spreadsheets regarding airport activities and
expenditures.
Corresponds with the Federal Aviation Administration and other state and local agencies.
Prepares annual reports and activity reports for the City Council and Federal Aviation Administration.
Operates standard office equipment including computer, calculator, printer, fax, copying machine, and
Unicorn radio.
Picks up, delivers and processes commission mail.
Drafts and disseminates correspondence and reports as directed.
Processes incoming bills and drafts payment for outstanding bills.
Collaborates with Airport interns as appropriate and directed by the airport commission chair.
Creates airport commission information packets.
Manages and records airport strategic plan activities.
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 14 of 63
Job Class #23-05 Airport
Conducts self in a manner which promotes and supports diversity and inclusivity in the workplace
and community.
Performs all other related duties as assigned.
Physical and Environmental Conditions
The physical demands and work environment conditions described here are representative of those
that must be met by an employee to successfully perform the essential functions of this job and are
encountered while performing those essential functions. Reasonable accommodations may be made
to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to sit; use hands to finger,
handle, or feel; and talk and hear. The employee frequently is required to reach with hands and arms.
The employee is occasionally required to walk or stand. Specific vision abilities required by this job
include close vision.
The noise level in the work environment is usually moderate.
Minimum Education, Experience and Certification
One year of experience in any aspect of aviation or airport service or business management required.
Must pass criminal background check.
Preferred Education, Experience and Certification
Bachelor's degree in airport administration, aviation or closely related field from an educational
institution accredited by a DOE recognized accreditation body preferred.
Knowledge, Skills, and Abilities
Basic knowledge of general office and managerial procedures, computer equipment, clerical and
financial record keeping procedures. Ability to read and understand technical manuals and other
documentation as they relate to airport projects and finances. Skills in oral and written communication.
Ability to deal effectively with the public. Ability to seek supervision and consultation with supervisors
when appropriate. Ability to exercise good judgment and independently make decisions.
The above statements are intended to describe the general nature and level of work being performed by
individuals assigned to this job. They are not intended to be an exhaustive list of all responsibilities, duties,
and skills required of personnel so classified in this position.
Page 2 Updated 02/28/2020
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022
Page 15 of 63
Job Class #27
Identification
Position Title: Airport Manager
Department:
Division:
Supervisor:
Job Summary
Airport
Airport
Airport Commission Chair
FLSA Exempt
Civil Service
Plans, directs, and coordinates the short and long range vision of aviation and non -aviation development
as set forth by the Iowa City Airport Commission.
Compiles and manages the Operating and Capital Improvement Program budgets; applies for and
monitors airport grants and coordinates project work with consultants, tenants, and City departments;
Job Scope
Responsible for planning and directing the management, operations, development, and maintenance of
the airport. Reports directly to the Airport Commission.
Supervision Received
Works under the general supervision and policy direction of the Airport Commission, and reports to and
is hired by the Commission
Essential Job Duties and Responsibilities
Advises and confers with Airport Commission concerning operating conditions and needs.
Serves as staff contact for Airport Commission, Airport Zoning Commission, and Airport Zoning Board of
Adjustment
Creates agendas and meeting information packets for assigned Boards & Commissions
Advises and recommends policy and/or operational matters to the Airport Commission, including public
relations activities associated with the Airport.
Attends professional meetings, seminars, and workshops to stay abreast of new trends, legislation and
innovation related to the industry
Interacts with and attends with City Department Head meetings, budget and other meetings as
necessary.
Prepares and presents capital and operating budget to Commission, City Administrator, and City Council
Develops relationships and serves as liaison between the Airport Commission, other city departments,
representative of county, state, and federal agencies, private aircraft operators, and the Fixed Base
Operator.
Oversees and coordinates all airport activities including customer service, hangar facility leases/rentals.
Administers and Facilitates leases, contracts and agreements with users of the facilities.
Ensures safe and efficient operation of the airport in compliance with the Federal Aviation
Administration regulations, provides oversight of all applicable federal, state and local regulations as
well as airport policies and procedures.
Research and applies for local, state, and federal funding, monitors their reimbursements and related
reports.
Directs and monitors consultants regarding project scope, schedule, budget, development of design and
construction documents, bid evaluation, construction contract preparation and technical support during
construction.
Conducts self in a manner which promotes and supports diversity and inclusivity in the workplace and
community.
Performs all other related duties as assigned.
Physical and Environmental Conditions
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 16 of 63
The physical demands and work environment conditions described here are representative of those
that must be met by and employee to successfully perform the essential functions of this job and are
encountered while performing those essential functions. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
* The noise level in the work environment is usually moderate but may be loud at times.
* Regularly required to walk around airport facilities, sit for long periods, talk and hear; Specific vision
abilities are required by this job to include but not limited to close vision
* When working in outside weather, will routinely stand for prolonged periods of time, stoop, kneel,
bend, climb, or crouch to reach items and maneuver uneven or outdoor terrain, and drive some
machinery.
* May be exposed to moving mechanical parts, fumes or airborne particles, vibrations and outside
elements including extreme cold, heat, wind, wet, or humid conditions.
* This is a full-time exempt position requiring periodic evening and weekend duties.
Minimum Education, Experience and Certification
* Bachelor's degree in airport administration related field from an educational institution accredited
by a DOE recognized accreditation body and 3 years aviation management experience.
* Must pass criminal background check.
* Driver's license with satisfactory driving record
Preferred Education, Experience and Certification
* Pilots license or certification of DOE to achieve in 3-5 years.
* CM designee preferred, or ability to achieve in 12-24 month
* CDL Class B w/ Air Brake endorsement
Knowledge, Skills, and Abilities
* Extensive knowledge of airport/aviation operations.
* Thorough knowledge of State and Federal Lawa affecting local municipalities and airports including
FAA and transportation security administration rules and regulations.
* Excellent organizational and time management skills with the ability to manage projects and project
teams that includes a variety of stakeholders.
* Working knowledge of contract and financial management and budget administration.
* Excellent oral and written communication skills including the ability to make public presentations
and prepare comprehensive reports, and meeting minutes.
* Ability to read and understand technical manuals and other documentation as they relate to airport
projects and finances.
* Exercises good judgement, independently makes decisions, organizes plans and prioritize work.
* Proficient with Microsoft office suite, digital communication, and social media applications
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022
Page 17 of 63
To: The Iowa City Airport Commission
Michael Tharp, Iowa City Municipal Airport Manager
From: Regenia D. Bailey
Re: 5-Year Strategic Plan for the Iowa City Municipal Airport
Date: Sentember 6, 2022
1 appreciated the time that Judy, Hellecktra, and Mike took last week to talk with me about the
Airport Commission's strategic planning project.
As requested, I have outlined a planning process and timeline. The process is similar to the one we
used in 2017 to develop the Airport's current strategic plan. The project will begin with a
community survey, along with surveys and interviews with current Commission members and
interviews with the Airport Manager and the Iowa City City Manager.
Once the surveys and interviews are completed, the project will proceed with four 1-hour strategic
planning sessions with the Airport Commission. These will be scheduled during the first hour of the
Commission's regularly scheduled meeting. The initial session will include a discussion of the
current environment in which the Airport operates and a summary review of the information
gathered from surveys and interviews. During the second session, the Commission will briefly
review the Airport's Vision and Mission Statements and discuss goals for the Airport's future. In the
third session, the Commission will identify priorities, develop major goals and objectives, and
identify measures to evaluate the achievement of the goals. At its final session, the Commission will
discuss and revise the draft strategic plan. Following the Commission's discussion at its fourth
planning session, 1 will incorporate the revisions and provide a final draft of the strategic plan to
the Airport Commission for adoption.
The timeline for the planning process is a bit longer than the timeline five years ago. This longer
timeline will allow the Airport Commission to focus on some of its more pressing projects before
moving into the bulk of the planning sessions. I suggest that we conduct the community survey and
interviews during October and hold our first planning session in December or January. This
schedule will allow the Commission to work on the plan from December through April, with the
completion of the planning project no later than June 16, 2023.
1 have attached a more detailed outline of the project. I have also attached the survey questions that
we used in 2017. It would be helpful to include many of the same questions so we can compare
responses between the surveys.
Please let me know if you have any questions.
Bailey Leadership Initiative, LLC 4 319.321.1385 O rdb@baileyleadershipinitiative.com
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022
Page 18 of 63
Project Deliverables
:• A five-year strategic plan that includes major project goals and objectives for the Airport.
❖ An adopted strategic plan document in a format suitable for electronic and physical
distribution.
The strategic plan document will include:
• An executive summary.
• Background information.
An overview of the strategic planning process.
Goals and strategies.
Survey information, including a summary of the survey results.
Project Outline
The proposed completion date for this project is June 16, 2023. This timeline is structured to
combine strategic planning sessions with the Airport Commission's regularly scheduled
Commission meetings.
Information Gathering Phase
October —November 2022
Surveys
❖ A brief electronic survey of the Airport Commission and Airport staff to:
• gather input regarding the Iowa City Municipal Airport's Strengths, Weaknesses,
Opportunities, and Threats (SWOT).
• ascertain perspectives on future direction and activities, including priorities for major
projects.
❖ A brief electronic survey of Airport users and community members to:
• gather input regarding the Iowa City Municipal Airport's Strengths, Weaknesses,
Opportunities, and Threats (SWOT).
• ascertain perspectives on future direction and activities, including priorities for major
projects.
Interviews
One-on-one interviews with Airport staff, Airport Commission members, and the City
Manager to:
• gather perspectives about the role of the Airport with respect to other major City
initiatives and opportunities.
• understand the progress made on the most recent strategic plan.
Document Review
❖ Consultant review of related documents, including the Airport Master Plan and other Airport
planning documents, the Iowa City City Council's Strategic Plan and updates, and pertinent
City of Iowa City Comprehensive Planning documents.
Timeline
By September 30, 2022 Execution of project contract.
Week of October 3, 2022 Finalize the community survey questions.
Gather pertinent documents for review.
Week of October 10, 2022 Launch the online community survey via press releases and
social media posts through the City's Communications office.
October 28, 2022 Survey deadline.
Complete one-on-one interviews.
Complete document review.
By November 30, 2022 Complete the survey and interview summary report.
Bailey -Iowa City Municipal Airport strategic planning project/page 2
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022
Page 19 of 63
Meeting Phase
December 2022—March 2023
Airport Commission Planning Sessions
Facilitation of three 1-hour strategic planning sessions with the Airport Commission during
the first hour of their regularly scheduled Commission meetings.
• The initial session will include a discussion of the current environment in which the
Airport operates and a summary review of the information gathered from the surveys and
interviews.
• During the second session, the Commission will review the Airport's Vision and Mission
Statements and discuss goals for the Airport's future.
• In the third session, the Commission will identify priorities, develop major goals and
objectives, and identify measures to evaluate the achievement of the goals.
Timeline
December 8, 2022 meeting one
January 12, 2023 meeting two
February 9, 2023 meeting three
If the Commission determines that attendance at the December meeting will be down due to yearend
or holiday activities, the meeting schedule can begin in January. This schedule change would mean
that meeting three would be on March 9, 2023.
Review and Finalization Phase
April —June 2023
❖ Presentation of the draft strategic plan to the Airport Commission for review and revision.
❖ Provision of recommendations for implementing the strategic plan.
❖ Presentation of the final draft of the strategic plan to the Airport Commission for adoption.
❖ Provision of the adopted strategic plan in a document suitable for electronic and physical
distribution.
Timeline
By April 15, 2023 Discussion and revision of the draft plan.
By May 15, 2023 Presentation of the strategic plan to the Airport Commission for
adoption.
By June 16, 2023 Provision of the adopted plan in publication format
Bailey -Iowa City Municipal Airport strategic planning project/page 3
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 20 of 63
Project Costs
The total cost for this project as proposed is eleven thousand, nine hundred and fifty dollars.
($11,950). As projected, the Information Gathering Phase accounts for thirty-eight percent of the
project's time and activities; the Meeting Phase will entail thirty-four percent of the project's time
and activities, and the Review and Finalization Phase represents twenty-eight percent of the
project.
Information Gathering Phase $4,541.00 (38%)
October —November 2022
Survey design, administration, and summary report
One-on-one interviews.
Document Review.
Meeting Phase $4,063.00 (34%)
December 2022—March 2023
Strategic planning sessions with the Airport Commission during the
first hour of the Commission meetings.
Review and Finalization Phase $3,346.00 (28%)
April —June 2023
Presentation of the draft strategic plan to the Airport Commission for
review and revision.
Presentation of the final draft of the strategic plan for adoption.
Provision of the adopted plan in publication format.
Bailey -Iowa City Municipal Airport strategic planning project/page 4
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 21 of 63
Iowa City Municipal Airport
Community Survey
Thank you for your interest in providing input for the Iowa City Municipal Airport's strategic planning process!
The purpose of this survey is to give information to the Airport Commission as it discusses the role of the
Airport in our community and develops a 5-year strategic plan to guide the future activities of the Airport
Commission and Airport staff.
This survey should only take 5 minutes to complete. You will not be asked to provide your name or any
identifying information to complete this survey.
If you have any questions about the survey or the Airport's strategic planning process, you may contact the
strategic planning consultants at: info@bailevleadershioinitiative.com.
Please click "Next" to begin the survey.
Survey questions
1. Where do you currently live?
❑ Iowa City -east of the Iowa River
❑ Iowa City -west of the Iowa River
❑ Coralville
❑ University Heights
❑ North Liberty
❑ Hills
❑ Unincorporated Johnson County
❑ Other (please indicate below)
2. When was the last time you were at the Iowa City Municipal Airport?
❑ Within the past week
❑ Within the past month
❑ Within the past six months
❑ Within the past year
❑ I've never been to the Airport
Comments:
3. What was the purpose of your most recent trip to the Airport?
❑ Fly an aircraft
❑ Charter service
❑ Pick up/drop off somebody
❑ Sightseeing
❑ Meeting/use the conference room
❑ Event
❑ Other (please specify)
Iowa City Municipal Airport Community Survey from 2017/page 1
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 22 of 63
4. The Iowa City Municipal Airport contributes to the quality of life in Iowa City.
❑ —Strongly disagree
❑ — Disagree
❑ — No opinion
❑ — Agree
❑ —Strongly agree
Comments:
5. The Iowa City Municipal Airport contributes to the economic impact/vitality of Iowa City.
❑ —Strongly disagree
❑ — Disagree
❑ — No opinion
❑ — Agree
❑ —Strongly agree
Comments:
6. What does the Iowa City Municipal Airport (IOW) do well?
7. What does the Iowa City Municipal Airport (IOW) need to improve?
8. Please include any additional comments about the Iowa City Municipal Airport or its strategic planning
process below.
Iowa City Municipal Airport Community Survey from 2017/page 2
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 23 of 63
Airport Commission/Staff Survey
Introduction
Thank you for clicking on the survey link! Your answers to these survey questions will help us understand your
thoughts about the Iowa City Municipal Airport and the role that it plays in our community.
This survey shouldn't take more than 10 minutes to complete.
You will not be asked to provide your name or any identifying information to complete this survey. The data
collected in this survey will help shape the agendas for the Airport Commission's strategic planning sessions.
If you have any questions about the survey or the Airport's strategic planning project, please feel free to
contact us at: rdb@baileyleadershipinitiative.com.
Please click "Next" to begin the survey.
1. The Airport contributes to the quality of life in Iowa City.
❑ — Stronglydisagree
❑ — Disagree
❑ — No opinion
❑ — Agree
❑ —Strongly agree
Comments:
2. The Airport contributes to the economic impact/vitality of Iowa City.
❑ — Stronglydisagree
❑ — Disagree
❑ — No opinion
❑ — Agree
❑ —Strongly agree
Comments:
3. What does the Iowa City Municipal Airport (IOW) do well?
4. What does the Iowa City Municipal Airport (IOW) need to improve?
5. As you think about the next five years, what opportunities do you see for the Iowa City Municipal Airport?
6. As you think about the next five years, what will be the challenges facing the Iowa City Municipal Airport?
7. What accomplishments would you like to see at the Iowa City Municipal Airport during the next five years?
8. What are the 3-5 topics that are critical to address during the strategic planning process?
9. Please include any additional comments about the Iowa City Municipal Airport or its strategic planning
process below.
Iowa City Municipal Airport Airport Commission/Staff Survey from 2017/page I
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022
Page 24 of 63
Prepared by: Michael Tharp, Airport Manager, 1801 S. Riverside Dr. Iowa City, IA 52246 (319) 350 5045
Resolution No.
Resolution authorizing the Chairperson to execute and the Secretary
to attest to a corporate hangar lease between the Iowa City Airport
Commission and Interwest Equities.
WHEREAS, the Airport Commission of the City of Iowa City has negotiated a lease for
Corporate hangar No. 31, located in Building G at the Iowa City Municipal Airport; and
WHEREAS, the Commission finds the proposed lease to be proper and in the best
interest of the Iowa City Municipal Airport; and,
WHEREAS, the term of the lease shall be from October 1, 2022 through September 30,
2025.
Now, therefore, be it resolved by the Iowa City Airport Commission of the City of Iowa
City:
1. That the proposed hangar lease for Corporate Hangar No. 31 is hereby
approved.
2. That the Chairperson is directed and authorized to execute and the Secretary to
attest to the corporate hangar lease between the Airport Commission and
Interwest Equities
Passed and approved this day of 2022.
Approved by:
Chairperson ,Q
Attest: u • n�''
Secretary CWy Attomey's Office
It was moved by and seconded by
Resolution be adopted, and upon roll call there were:
Ayes
Nays
Absent
Bishop
Clair
Lawrence
Orozco
Pfohl
the
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 25 of 63
CORPORATE HANGAR LEASE
This CORPORATE HANGAR LEASE ("Lease") entered into by and between the Iowa City
Airport Commission ("Commission") and Interwest Equities ("Tenant") in
consideration of the mutual covenants contained herein, and for other good and valuable
consideration, the parties hereby agree as follows:
In consideration of the mutual covenants contained herein, and for other good and valuable
consideration, the parties hereby agree as follows:
Lease of the Hangar Space.
The Commission hereby leases to Tenant hangar space in Hangar #_31 (the
"Hangar Space") located at the Iowa City Municipal Airport (the "Airport") and described
as follows: Building G, Corporate Hangar of approximately 1370 square feet, with a 48'
Bi-Fold Door and attached office space of approximately 180 square feet. The Hangar
Space shall be used and occupied by Tenant principally for the storage or construction
of the following aircraft:
Aircraft Make & Model
u
Aircraft Registration Number.
Aircraft Registered Owner Name
Registered Owner Home and Business Telephone Numbers
Tenant shall promptly notify the Commission in writing of any change in the information
furnished above. Tenant may request permission to store a substitute aircraft in the
Hangar Space by making a written request to the Commission. In the event Tenant is
permitted to store a substitute aircraft in the Hangar Space, all provisions of this Lease
applicable to the Aircraft shall also be applicable to the substitute aircraft.
If the Tenant sells the aircraft listed above and does not acquire replacement aircraft
within ninety (90) days thereof, Tenant shall immediately notify the Commission, and this
Lease shall be terminated.
2. Term.
The term of this Lease shall commence on October 1, 2022, and shall end on the last
day of the month of Sept 30, 2025.
Tenant agrees to notify the Commission 30-days prior to the expiration of the existing
term in order to facilitate the Commission in locating another tenant. In the event Tenant
shall continue to occupy the Hangar Space beyond the term of this Lease without
executing a Lease for another 12-month term, such holding over shall not constitute a
renewal of this Lease but shall be a month -to -month tenancy only.
3. Rent.
For use of the Hangar Space, Tenant shall pay the Commission the amount of
$ 404.00 per month, payable in advance on the first day of each
month. A 1.5% late fee (which is $ 6.06 per day) for rent not received
by the Commission will be charged after the fifteenth (15) day of each month.
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022
Page 26 of 63
0
5.
1
Security Deposit.
At the time of execution of this Lease, Tenant shall pay to the Commission in trust the
sum of one month's rent to be held as a rental deposit. At the termination of the Lease,
the Commission shall return the deposit to the Tenant less any amounts due to repair
damage, conduct cleanup or owed to the Commission. If the Tenant renews the lease
each year, the deposit will be held over for the next year.
Use of the Hangar Space.
a. The Hangar Space shall be -used primarily for storage or
construction of the Aircraft consistent with FAR and the Minimum Standards. This
provision is not to be construed as a prohibition for storage of maintenance
materials, cleaning materials, tools, parts, spares, and other aircraft components.
b. Tenant may park his/her car in the Hangar Space during such time that Tenant is
using the Aircraft.
C. No commercial activity of any kind shall be conducted by Tenant in, from or
around the Hangar Space.
d. No maintenance, including painting, on the Aircraft shall be performed in the
Hangar Space or anywhere on the Airport without the prior written approval of the
Commission, except such maintenance as performed by the Tenant on his or her
own aircraft as permitted by the FAA. Tenant shall take steps to ensure that the
performance of such maintenance work shall not damage the Hangar Space or
the Airport where the work is performed or emit offensive odors.
e. Tenant shall be responsible and liable for the conduct of its employees and
invitees, and of those doing business with it, in and around the Hangar Space.
Tenant shall keep the Hangar Space clean and free of debris at all times.
f. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply
with all applicable ordinances, rules, and regulations established by any federal,
state or local government agency.
g. Tenant shall dispose of used oil only in approved receptacles.
h. At no time shall Tenant start or run his/her Aircraft engine(s) within the Hangar or
Hangar Space.
On the termination of this Lease, by expiration or otherwise, Tenant shall
immediately surrender possession of the Hangar Space and shall remove, at its
sole expense, the Aircraft and all other property therefrom, leaving the Hangar
Space in the same condition as when received, ordinary wear and tear excepted.
k. Tenant shall be liable for any and all damage to the Hangar or to the Hangar
Space caused by Tenant's use, including, but not limited to, bent or broken
interior walls, damage due to fuel spillage, or damage to doors due to Tenant's
improper or negligent operation.
SMOKE FREEAIR ACT LEASE PROVISION
Iowa Smokefree Air Act. Smoking is prohibited throughout the Airport,
including the Hangar Space. .
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 27 of 63
Rights and Obligations of Tenant.
a. Tenant shall have at all times the right of ingress to and egress from the Hangar
Space, except as provided in Paragraph 12. To ensure this right, the
Commission shall make all reasonable efforts to keep adjacent areas to the
Hangar Space free and clear of all hazards and obstructions, natural or
manmade.
b. Tenant shall be responsible to maintain the interior of the Hangar Space to
include janitorial services, maintaining all interior lights, cleaning of stoppages in
plumbing fixtures and drain lines, cleaning of snow within two (2) feet of the
apron adjoining the Hangar Space, disposing of any debris or waste materials,
and maintaining any Tenant constructed structures and equipment. The
Commission shall be the sole judge of the due maintenance undertaken by the
Tenant, and may upon written notice, require specific maintenance work to be
completed. If such maintenance is not completed within a reasonable time
period, the Commission shall have the right to perform such due maintenance,
and Tenant shall reimburse the Commission for the cost of such maintenance
upon presentation of a billing.
C. Tenant shall provide and maintain hand fire extinguisher for the interior of the
Hangar Space of the building in accordance with applicable safety codes.
d. Tenant shall not store any materials outside the Hangar Space.
e. Tenant shall promptly notify the Commission, in writing, of any repairs needed on
the Hangar or to the Hangar Space.
8. Rights and Obligations of the Commission.
a. The Commission shall at all times operate and maintain the Airport as a public
airport consistent with and pursuant to the Sponsor's Assurances given by
Authority to the United States Government under the Federal Airport Act.
b. The Commission shall not unreasonably interfere with the Tenant's use and
enjoyment of the Hangar Space.
C. The Commission shall maintain and keep the Hangar and Hangar Space in good
repair except for the maintenance obligations of Tenant set forth in the Lease. In
no event, however, shall the Commission be required to maintain or repair
damage caused by the negligent or willful act of Tenant, its agents, servants,
invitees, or customer. However, if due to any negligent or willful act by the
Tenant, its agents, servants, invitees or customer, there is a need for
maintenance or repair of damage, then Tenant shall so such maintenance or
repair in a prompt, reasonable manner, as approved by the Commission.
d. Snow shall be removed from in front of Hangar Space to within at least two (2)
feet of the Hangar. Snow removal closer than two (2) feet is the responsibility of
the Tenant.
e. The Commission shall ensure appropriate grounds keeping is performed year
round.
9. Sublease/Assignment.
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 28 of 63
Tenant shall not sublease the Hangar Space or assign this Lease without the prior
written approval of the Commission.
10. Condition of Premises.
Tenant shall accept the Hangar Space in its present condition without any liability or
obligation on the part of the Commission to make any alterations, improvements or
repairs of any kind on or about said Hangar Space.
11, Alterations.
Tenant shall not install any fixtures or make any alterations, additions or improvements
to the Hangar Space without the prior written approval of the Commission. All fixtures
installed or additions and improvements made to the Hangar Space shall, upon
completion of such additions and improvements, become Commission property and shall
remain in the Hangar Space at the expiration or termination of this Lease, however
terminated, without compensation or payment to Tenant. Fixtures include, but are not
limited to, locks, brackets for window coverings, plumping, light fixtures, luminaries, and
any item permanently attached to the wall, floor, or ceiling of the Hangar Space by
means of cement, plaster, glue, nails, bolts, or screws.
12. Hazardous Materials.
a. With the exception of Paragraph 11 c below, no "hazardous substance," as
defined in Iowa Code section 45513.411 (2021), may be stored, located, or
contained in the Hangar Space without the Commission prior written approval.
(The Iowa Code can be found online at www.lecis.state.ia.us/IACODE . The. U.S.
Code can be found online at www.findlaw.com/casecode/uscodes/index.htmi Federal
regulations can be found online at htto://www.access.goo.gov/nara/cfr/cfr-table-
search.html. ) Petroleum products and their byproducts for personal use may be
stored or present in the Hangar Space if said substances are contained in
approved containers.
b. With the exception of Paragraph 11c below, Tenant shall handle, use, store and
dispose of fuel petroleum products, and all other non -"hazardous substances"
owned or used by it on the Airport in accordance with all applicable federal, state,
local and airport statutes, regulations, rules and ordinances. No waste or
disposable materials shall be released on the ground or in the storm sewers.
Should such materials be spilled or escape from storage or in any way
contaminate the Airport or property adjacent to the Airport through activities of
the Tenant, the Tenant shall be responsible for the clean up, containment and
otherwise abatement of such contamination at Tenant's sole cost and expense.
Further, Tenant shall notify the Commission and appropriate governmental
agency of such occurrence immediately. Should Tenant fail to do so, the
Commission may take any reasonable and appropriate action in the Tenant's
stead. The cost of such remedial action by the Commission shall be paid by the
Tenant.
C. Tenant may have the following materials stored in the Hangar Space:
1 case of engine oil
2 1/2 gallons gasoline for motorized tugs (but no aviation
fuel or gasoline in drums)
1 gallon of cleaning solvents
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 29 of 63
13. Special Events.
During any special event at the Airport, including but not limited to the Sertoma
Breakfast or Fly Iowa, Tenant acknowledges that the standard operating procedure at
the Airport may be altered such that egress and ingress to the Hangar Space may be
altered by the Commission in writing. Tenant's failure to comply with the altered
procedure is a default of this Lease, and the Commission may proceed to terminate this
Lease.
14. Airport Rules and Regulations.
Tenant agrees to be subject to Airport rules and regulations upon adoption by the
Commission or provide 30-days notice to terminate this Lease. Commission shall
provide Tenant with a copy of said rules and regulations 30-days prior to their effective
date.
15. Access and Inspection.
The Commission has the right to enter and inspect the Hangar Space at any reasonable
time during the term of this Lease upon at least 24 hours notice to the Tenant for any
purpose necessary, incidental to or connected with the performance of its obligations
under the Lease or in the exercise of its governmental functions. In the case of an
emergency, the Commission may enter the Hangar Space without prior notice
but will provide notice to the Tenant after the fact. The Commission shall not,
during the course of any such inspection, unreasonably interfere with the Tenant's use
and enjoyment of the Hangar Space. At a minimum, the Hangar Space will be inspected
annually. Upon execution of this Lease, the Tenant subsequently changes the lock to the
Hangar Space, he or she shall provide shall provide notice to the Commission before he
or she does so and shall provide a new key to the Commssion within twenty-four hours
of doing so.
16. Insurance.
a. Tenant shall at its own expense procure and maintain general liability and
casualty insurance in a company or companies authorized to do business in the
State of Iowa, in the following amounts:
Type of Coverage
Comprehensive General (or Premises) Liability - Each Occurrence $1,000,000
b. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall
name the Commission and the City of Iowa City, as additional insured. The
Commission and Tenant acknowledge that a Certificate of Insurance is attached
to this Lease. Tenant shall provide fifteen (15) days notice to the Commission
before cancellation of said insurance.
C. It is the Tenant's responsibility to keep the insurance certificate current. If the
Certificate of Insurance expires during the term of the lease, the Tenant must
provide a current certificate to the Commision within seven (7) days of when the
Certificate expires.
17. Casualty.
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 30 of 63
In the event the Hangar or Hangar Space, or the means of access thereto, shall be
damaged by fire or any other cause, the rent payable hereunder shall not abate provided
that the Hangar Space is not rendered untenantable by such damage. If the Hangar
Space is rendered untenantable and Commission elects to repair the Hangar or Hangar
Space, the rent shall abate for the period during which such repairs are being made,
provided the damage was not caused by the acts or omissions of Tenant, its employees,
agent or invitees, in which case the rent shall not abate. If the Hangar or Hangar Space
is rendered untenantable and Commission elects not to repair the Hangar or Hangar
Space, this Lease shall terminate.
18. Indemnity.
Tenant agrees to release, indemnify and hold the Commission, its officers and
employees harmless from and against any and all liabilities, damages, business
interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all
costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or
charged to, the Commission by reason of any loss or damage to any property or injury to
or death of any person arising out of or by reason of any breach, violation or non-
performance by Tenant or its servants, employees or agents of any covenant or
condition of the Lease or by any act or failure to act of those persons. The Commission
shall not be liable for its failure to perform this Lease or for any loss, injury, damage or
delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood,
accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Commission's control.
19. Disclaimer of Liability.
The Commission hereby disclaims, and Tenant hereby releases the Commission from
any and all liability, whether in contract or tort (including strict liability and negligence) for
any loss, damage or injury of any nature whatsoever sustained by Tenant, its
employees, agents or invitees during the term of this Lease, including, but not limited to,
loss, damage or injury to the Aircraft or other property of Tenant that may be located or
stored in the Hangar Space, unless such loss, damage or injury is caused by the
Commission's gross negligence or intentional willful misconduct. The parties hereby
agree that under no circumstances shall the Commission be liable for indirect
consequential, special or exemplary damages, whether in contract or tort (including strict
liability and negligence), such as, but not limited to, loss of revenue or anticipated profits
or other damage related to the leasing of the Hangar Space under this Lease.
20. Attorney Fees.
If the Commission files an action in district court to enforce its rights under this Lease
and if judgment is entered against the Tenant, Tenant shall be liable to and shall pay for
the Commission's attorney fees incurred in enforcing the Lease and in obtaining the
judgment.
21. Default.
This Lease shall be breached if: (a) Tenant fails to make the rental payment; or (b)
Tenant or the Commission fails to perform any other covenant herein and such default
shall continue for five (5) days after the receipt by the other party of written notice.
Upon the default by Tenant, or at any time thereafter during the cintinuance of such
default, the Commission may take any of the following actions and shall have the
following rights aganst Tenant:
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 31 of 63
a. Termination. Commission may elect to erminate the lease by giving no less
than thirty (30) days prior written notice thereof to Tenant and upon passage of
time specified in such notice, this lease and all rights of Tenant hereunder shall
terminate as fully and completely and with the same effect as If such date were
the date herin fixed for expiration of the Term and Tenant shall remain liable as
provided in this paragraph.
b. Eviction. Commission shall have the immediate right upon Termination of this
lease to bring an action for forcible entry and detainer.
c. Tenant to remain liable. No termination of this lease pursuant to this
paragraph by operation or otherwise, and no repossession of the hangar space
or any part thereof shall relieve Tenant of its liabilities and obligations hereunder,
all of which shall survive such termination, repossession, or reletting.
d. Damages. In the event of any termination of this lease or eviction from or
repossession of the hangar space or any part thereof by reason of the
occurrence of an Event of Default, Tenant shall pay to the Comission the rent
and other sums and charges required to by paid by the Tenant for the period to
and including the end of the Term.
22. Security.
Tenant acknowledges that the FAA or another governmental entity or subdivision may
enact laws or regulations regarding security at general aviation airports such that the
Commission may not be able to comply fully with Its obligations under this Lease, and
Tenant agrees that the Commission shall not be liable for any damages to Tenant that
may result from said non-compliance.
23. Thirty (30) Days Termination.
Either party to this Lease shall have the right, with cause, to terminate this Lease by
giving thirty (30) days' prior written notice to the other party.
24. Non -Discrimination.
Tenant shall not discriminate against any person in employment or public accommodation
because of race, religion, color, creed, gender identity, sex, national origin, sexual
orientation, mental or physical disability, marital status or age. "Employment" shall include
but not be limited to hiring, accepting, registering, classifying, promoting, or referring to
employment. "Public accommodation" shall include but not be limited to providing goods,
services, facilities, privileges and advantages to the public.
25. FAA Provisions.
a. Tenant, for itself, heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does 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 (license,
lease, permit, etc.) for a purpose for which a Department of Transportation
program or activity is extended or for another purpose involving the provision of
similar services or benefits, the (licensee, lessee, permittee, etc.) 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.
b. Tenant, for itself, personal representatives, successors in interest, and assigned,
as a part of the consideration hereof, does hereby covenant and agree as a
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 32 of 63
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 subject 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
subject 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
Transportation, and as said Regulations may be amended.
C. It in understood and agreed that nothing herein contained shall be construed to
grant or authorize the granting of an exclusive right within the meaning of Section
308 of the Federal Aviation Act of 1958. This Lease shall be subordinate to the
provisions of any outstanding or future agreement between the Commission and
the United States government or the Commission and the State of Iowa relative to
the maintenance, operation, or development of the Iowa City Municipal Airport.
Tenant acknowledges and agrees that the rights granted to Tenant in this Lease
will not be exercised so as to interfere with or adversely affect the use, operation,
maintenance or development of the Airport
d. Tenant agrees to furnish service on a fair, equal and not unjustly discriminatory
basis to all users thereof, and to charge fair, reasonable and not unjustly
discriminatory prices for each unit or service; provided, that Tenant may make
reasonable and non-discriminatory discounts, rebates, or other similar types of
price reductions to volume purchasers.
e. The Commission reserves the right (but shall not be obligated to Tenant) to
maintain and in repair the landing area of the airport and all publicly -owned
facilities of the airport, together with the right to direct and control all activities of
Tenant in this regard.
The Commission reserves the right further to develop or improve the landing
area and all publicly -owned air navigation facilities of the airport as it sees fit,
regardless of the desires or views of Tenant, and without interferences or
hindrance.
g. The Commission reserves the right to take any action it considers necessary to
protect the aerial approaches of the airport against obstructions, together with the
right to prevent Tenant from erecting, or permitting to be erected, any building or
other structure on the airport which in the opinion of the Commission would limit
the usefulness of the airport or constitute a hazard to aircraft.
h. During time of war or national emergency, the Commission 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 this instrument, insofar as they are inconsistent with the
provisions of the agreement with the Government, shall be suspended.
1. It is understood and agreed that the rights granted by this Lease will not be
exercised In such a way as to interfere with or adversely affect the use,
operation, maintenance or development of the airport.
j. There is hereby reserved to the Commission, its successors and assigns, for the
use and benefit of the public, a free and unrestricted right of flight for the passage
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022
Page 33 of 63
26.
27
28.
of aircraft in the airspace above the surface of the premises herein conveyed,
together with the right to cause in said airspace such noise as may be inherent in
the operation of aircraft, now known or hereafter used for navigation of or flight in
the air, using said airspace or landing at, taking off from, or operating on or about
the airport.
k. The Lease shall become subordinate to provisions of any existing or future
agreement between the Commission 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.
Remedies Cumulative.
The rights and remedies with respect to any of the terms and conditions of this Lease
shall be cumulative and not exclusive, and shall be in addition to all other rights and
remedies available to either party in law or equity.
Notices.
Any notice, for which provision is made in this Lease, shall be in writing, and may be
given by either party to the other, in addition to any other manner provided by law, in any
of the following ways:
a. by personal delivery to the Commission Chairperson
b. by service in the manner provided by law for the service of original notice, or
C. by sending said Notice by certified or registered mail, return receipt requested, to
the last known address. Notices shall be deemed to have been received on the
date of receipt as shown on the return receipt.
(1) If to the Commission, addressed to:
Iowa City Airport Commission
Iowa City Municipal Airport
1801 S. Riverside Drive
Iowa City; IA 52246
(2) If to Tenant, addressed to:
Email:
Airport Manager.
The Airport Manager is the person designated by the Commission to manage the
Hangar Space and to deliver all notices and demands from the Commission, to receive
keys to the Hangar Space as provided in Paragraph 14, and to perform inspections as
provided in Paragraph 14.
29. Integration.
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 34 of 63
10
This Lease constitutes the entire agreement between the parties, and as of its effective
date supersedes all prior independent agreements between the parties related to the
leasing of the Hangar Space. Any change or modification hereof must be in writing
signed by both parties.
30. Waiver.
The waiver by either party of any covenant or condition of this Lease shall not thereafter
preclude such party from demanding performance in accordance with the terms hereof.
31. Successors Bound.
This Lease shall be binding and shall inure to the benefit of the heirs, legal
representatives, successors and assigns of the parties hereto.
32. Severability.
If a provision hereof shall be finally declared void or illegal by any court or administrative
agency having jurisdiction over the parties to this Lease, the entire Lease shall not be
void, but the remaining provisions shall continue in effect as nearly as possible in
accordance with the original intent of the parties.
IOWA CITY AIRPORT COMMISSION
By:
Title:
TENANT: w L WkE W Q 'l
By: /J.,,.b )),I�'
Title: v uJ . c" V Date: So - 2 12
Approved:
City Att�orney's Office
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022
Page 35 of 63
Prepared by: Michael Tharp, Airport Manager, 1801 S. Riverside Dr. Iowa City, IA 52246 (319) 350 5045
Resolution No.
Resolution authorizing the Chairperson to execute and the Secretary
to attest to a corporate hangar lease between the Iowa City Airport
Commission and Great Plains Aero, Inc.
WHEREAS, the Airport Commission of the City of Iowa City has negotiated a lease for
Corporate hangar No. 31, located in Building G at the Iowa City Municipal Airport; and
WHEREAS, the Commission finds the proposed lease to be proper and in the best
interest of the Iowa City Municipal Airport; and,
WHEREAS, the term of the lease shall be from October 1, 2022 through September 30,
2025.
Now, therefore, be it resolved by the Iowa City Airport Commission of the City of Iowa
City:
1. That the proposed hangar lease for Corporate Hangar No. 33 is hereby
approved.
2. That the Chairperson is directed and authorized to execute and the Secretary to
attest to the corporate hangar lease between the Airport Commission and Great
Plains Aero, Inc.
Passed and approved this day of 2022.
Approved by:
Chairperson -`
Attest:^^
Secretary ty Attorneys Office
It was moved by and seconded by
Resolution be adopted, and upon roll call there were:
Ayes
Nays
Absent
Bishop
Clair
Lawrence
Orozco
Pfohl
the
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 36 of 63
CORPORATE HANGAR LEASE
This CORPORATE HANGAR LEASE ("Lease") entered into by and between the Iowa City
Airport Commission ("Commission") and Dale Yoder ("Tenant") in
consideration of the mutual covenants contained herein, and for other good and valuable
consideration, the parties hereby agree as follows:
In consideration of the mutual covenants contained herein, and for other good and valuable
consideration, the parties hereby agree as follows:
1. Lease of the Hangar Space.
The Commission hereby leases to Tenant hangar space in Hangar #_33 (the
"Hangar Space") located at the Iowa City Municipal Airport (the "Airport") and described
as follows: Building G, Corporate Hangar of approximately 1370 square feet, with a 48'
Bi-Fold Door and attached office space of approximately 180 square feet. The Hangar
Space shall be used and occupied by Tenant principally for the storage or construction
of the following aircraft:
Aircraft Make & Model Q �zlet"z- M-1�
Aircraft Registration Number \ N
Aircraft Registered Owner Name hS 1 ero �u�t
Registered Owner Home and Business Telephone Numbers �3 1 '-f
Tenant shall promptly notify the Commission in writing of any change in the information
furnished above. Tenant may request permission to store a substitute aircraft in the
Hangar Space by making a written request to the Commission. In the event Tenant is
permitted to store a substitute aircraft in the Hangar Space, all provisions of this Lease
applicable to the Aircraft shall also be applicable to the substitute aircraft.
If the Tenant sells the aircraft listed above and does not acquire replacement aircraft
within ninety (90) days thereof. Tenant shall immediately notify the Commission, and this
Lease shall be terminated.
2. Term.
The term of this Lease shall commence on October 1, 2022, and shall end on the last
day of the month of September 30, 2025.
Tenant agrees to notify the Commission 45-days prior to the expiration of the existing
term in order to facilitate the Commission in locating another tenant. In the event Tenant
shall continue to occupy the Hangar Space beyond the term of this Lease without
executing a Lease for another 12-month term, such holding over shall not constitute a
renewal of this Lease but shall be a month -to -month tenancy only.
Rent.
For use of the Hangar Space, Tenant shall pay the Commission the amount of
$ 404.00 per month, payable in advance on the first day of each
month. A 1.5% late fee (which is $ 6.06 per day) for rent not received
by the Commission will be charged after the fifteenth (15) day of each month.
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 37 of 63
4. Security Deposit.
At the time of execution of this Lease, Tenant shall pay to the Commission in trust the
sum of one month's rent to be held as a rental deposit. At the termination of the Lease,
the Commission shall return the deposit to the Tenant less any amounts due to repair
damage, conduct cleanup or owed to the Commission. If the Tenant renews the lease
each year, the deposit will be held over for the next year.
5. Use of the Hangar Space.
a. The . Hangar Space shall . be used primarily for storage or
construction of the Aircraft consistent with FAR and the Minimum Standards. This
provision is not to be construed as a prohibition for storage of maintenance
materials, cleaning materials, tools, parts, spares, and other aircraft components.
b. Tenant may park his/her car in the Hangar Space during such time that Tenant is
using the Aircraft.
C. No commercial activity of any kind shall be conducted by Tenant in, from or
around the Hangar Space.
d. No maintenance, including painting, on the Aircraft shall be performed in the
Hangar Space or anywhere on the Airport without the prior written approval of the
Commission, except such maintenance as performed by the Tenant on his or her
own aircraft as permitted by the FAA. Tenant shall take steps to ensure that the
performance of such maintenance work shall not damage the Hangar Space or
the Airport where the work is performed or emit offensive odors.
e. Tenant shall be responsible and liable for the conduct of its employees and
invitees, and of those doing business with it, in and around the Hangar Space.
Tenant shall keep the Hangar Space clean and free of debris at all times.
f. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply
with all applicable ordinances, rules, and regulations established by any federal,
state or local government agency.
g. Tenant shall dispose of used oil only in approved receptacles.
h. At no time shall Tenant start or run his/her Aircraft engine(s) within the Hangar or
Hangar Space.
j. On the termination of this Lease, by expiration or otherwise, Tenant shall
immediately surrender possession of the Hangar Space and shall remove, at its
sole expense, the Aircraft and all other property therefrom, leaving the Hangar
Space in the same condition as when received, ordinary wear and tear excepted.
k. Tenant shall be liable for any and all damage to the Hangar or to the Hangar
Space caused by Tenant's use, including, but not limited to, bent or broken
interior walls, damage due to fuel spillage, or damage to doors due to Tenant's
Improper or negligent operation.
6. SMOKE FREEAIR ACT LEASE PROVISION
Iowa Smokefree Air Act. Smoking is prohibited throughout the Airport,
including the Hangar Space. .
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 38 of 63
7. Rights and Obligations of Tenant.
Tenant shall have at all times the right of ingress to and egress from the Hangar
Space, except as provided in Paragraph 12. To ensure this right, the
Commission shall make all reasonable efforts to keep adjacent areas to the
Hangar Space free and clear of all hazards and obstructions, natural or
manmade.
b. ._ Tenant hall_ be_r_esponsible tczmaintain _the interior of._the_Hangar_Space_to ... _
include janitorial services, maintaining all interior lights, cleaning of stoppages in
plumbing fixtures and drain lines, cleaning of snow within two (2) feet of the
apron adjoining the Hangar Space, disposing of any debris or waste materials,
and maintaining any Tenant constructed structures and equipment. The
Commission shall be the sole judge of the.due maintenance undertaken by the
Tenant, and may upon written notice, require specific maintenance work to be
completed. If such maintenance is not completed within a reasonable time
period, the Commission shall have the right to perform such due maintenance,
and Tenant shall reimburse the Commission for the cost of such maintenance
upon presentation of a billing.
C. Tenant shall provide and maintain hand fire extinguisher for the interior of the
Hangar Space of the building in accordance with applicable safety codes.
d. Tenant shall not store any materials outside the Hangar Space.
e. Tenant shall promptly notify the Commission, in writing, of any repairs needed on
the Hangar or to the Hangar Space.
8. Rights and Obligations of the Commission.
a. The Commission shall at all times operate and maintain the Airport as a public
airport consistent with and pursuant to the Sponsor's Assurances given by
Authority to the United States Government under the Federal Airport Act.
b. The Commission shall not unreasonably interfere with the Tenant's use and
enjoyment of the Hangar Space.
C. The Commission shall maintain and keep the Hangar and Hangar Space in good
repair except for the maintenance obligations of Tenant set forth in the Lease. In
no event, however, shall the Commission be required to maintain or repair
damage caused by the negligent or willful act of Tenant, its agents, servants,
invitees, or customer. However, if due to any negligent or willful act by the
Tenant, its agents, servants, invitees or customer, there is a need for
maintenance or repair of damage, then Tenant shall so such maintenance or
repair in a prompt, reasonable manner, as approved by the Commission.
d. Snow shall be removed from in front of Hangar Space to within at least two (2)
feet of the Hangar. Snow removal closer than two (2) feet is the responsibility of
the Tenant.
e. The Commission shall ensure appropriate grounds keeping is performed year
round.
9. Sublease/Assignment.
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 39 of 63
Tenant shall not sublease the Hangar Space or assign this Lease without the prior
written approval of the Commission.
10. Condition of Premises.
Tenant shall accept the Hangar Space in its present condition without any liability or
obligation on the part of the Commission to make any alterations, improvements or
repairs of any kind on or about said Hangar Space.
11. Alterations.
Tenant shall not install any fixtures or make any alterations, additions or improvements
to the Hangar Space without the prior written approval of the Commission. All fixtures
installed or additions and improvements made to the Hangar Space shall, upon
completion of such additions and improvements, become Commission property and shall
remain in the Hangar Space at the expiration or termination of this Lease, however
terminated, without compensation or payment to Tenant. Fixtures include, but are not
limited to, locks, brackets for window coverings, plumping, light fixtures, luminaries, and
any item permanently attached to the wall, floor, or ceiling of the Hangar Space by
means of cement, plaster, glue, nails, bolts, or screws.
12. Hazardous Materials.
a. With the exception of Paragraph 11c below, no "hazardous substance," as
defined in Iowa Code section 45513.411 (2021), may be stored, located, or
contained in the Hangar Space without the Commission prior written approval.
(The Iowa Code can be found online at www.leois.state.la.us/IACODE . The. U.S.
Code can be found online at www.findlaw.com/casecode/uscodes/index.html Federal
regulations can be found online at htto://www.access.000.cov/nara/cfr/cfr-table-
search.html. ) Petroleum products and their byproducts for personal use may be
stored or present in the Hangar Space if said substances are contained in
approved containers.
b. With the exception of Paragraph 11c below, Tenant shall handle, use, store and
dispose of fuel petroleum products, and all other non -"hazardous substances"
owned or used by it on the Airport in accordance with all applicable federal, state,
local and airport statutes, regulations, rules and ordinances. No waste or
disposable materials shall be released on the ground or in the storm sewers.
Should such materials be spilled or escape from storage or in any way
contaminate the Airport or property adjacent to the Airport through activities of
the Tenant, the Tenant shall be responsible for the clean up, containment and
otherwise abatement of such contamination at Tenant's sole cost and expense.
Further, Tenant shall notify the Commission and appropriate governmental
agency of such occurrence immediately. Should Tenant fail to do so, the
Commission may take any reasonable and appropriate action in the Tenant's
stead. The cost of such remedial action by the Commission shall be paid by the
Tenant.
c. Tenant may have the following materials stored in the Hangar Space:
• 1 case of engine oil
• 2 1/2 gallons gasoline for motorized tugs (but no aviation
fuel or gasoline in drums)
0 1 gallon of cleaning solvents
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 40 of 63
5
13. Special Events.
During any special event at the Airport, including but not limited to the Sertoma
Breakfast or Fly Iowa, Tenant acknowledges that the standard operating procedure at
the Airport may be altered such that egress and ingress to the Hangar Space may be
altered by the Commission in writing. Tenant's failure to comply with the altered
procedure is a default of this Lease, and the Commission may proceed to terminate this
Lease.
14. Airport Rules and Regulations.
Tenant agrees to be subject to Airport rules and regulations upon adoption by the
Commission or provide 30-days notice to terminate this Lease. Commission shall
provide Tenant with a copy of said rules and regulations 30-days prior to their effective
date.
15. Access and Inspection.
The Commission has the right to enter and inspect the Hangar Space at any reasonable
time during the term of this Lease upon at least 24 hours notice to the Tenant for any
purpose necessary, incidental to or connected with the performance of its obligations
under the Lease or in the exercise of its governmental functions. In the case of an
emergency, the Commission may enter the Hangar Space without prior notice
but will provide notice to the Tenant after the fact. The Commission shall not,
during the course of any such inspection, unreasonably interfere with the Tenant's use
and enjoyment of the Hangar Space. At a minimum, the Hangar Space will be inspected
annually. Upon execution of this Lease, the Tenant subsequently changes the lock to the
Hangar Space, he or she shall provide shall provide notice to the Commission before he
or she does so and shall provide a new key to the Commssion within twenty-four hours
of doing so.
16. Insurance.
a. Tenant shall at its own expense procure and maintain general liability and
casualty insurance in a company or companies authorized to do business in the
State of Iowa, in the following amounts:
Type of Coverage
Comprehensive General (or Premises) Liability - Each Occurrence $1,000,000
b. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall
name the Commission and the City of Iowa City, as additional insured. The
Commission and Tenant acknowledge that a Certificate of Insurance is attached
to this Lease. Tenant shall provide fifteen (15) days notice to the Commission
before cancellation of said insurance.
C. It is the Tenant's responsibility to keep the insurance certificate current. If the
Certificate of Insurance expires during the term of the lease, the Tenant must
provide a current certificate to the Commision within seven (7) days of when the
Certificate expires.
17. Casualty.
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 41 of 63
In the event the Hangar or Hangar Space, or the means of access thereto, shall be
damaged by fire or any other cause, the rent payable hereunder shall not abate provided
that the Hangar Space is not rendered untenantable by such damage. If the Hangar
Space is rendered untenantable and Commission elects to repair the Hangar or Hangar
Space, the rent shall abate for the period during which such repairs are being made,
provided the damage was not caused by the acts or omissions of Tenant, Its employees,
agent or invitees, in which case the rent shall not abate. If the Hangar or Hangar Space
is rendered untenantable and Commission elects not to repair the Hangar or Hangar
Space, this Lease shall terminate.
18. Indemnity.
Tenant agrees to release, indemnify and hold the Commission, its officers and
employees harmless from and against any and all liabilities, damages, business
interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all
costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or
charged to, the Commission by reason of any loss or damage to any property or injury to
or death of any person arising out of or by reason of any breach, violation or non-
performance by Tenant or its servants, employees or agents of any covenant or
condition of the Lease or by any act or failure to act of those persons. The Commission
shall not be liable for its failure to perform this Lease or for any loss, injury, damage or
delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood,
accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Commission's control.
19. Disclaimer of Liability.
The Commission hereby disclaims, and Tenant hereby releases the Commission from
any and all liability, whether in contract or tort (including strict liability and negligence) for
any loss, damage or injury of any nature whatsoever sustained by Tenant, its
employees, agents or Invitees during the term of this Lease, including, but not limited to,
loss, damage or injury to the Aircraft or other property of Tenant that may be located or
stored in the Hangar Space, unless such loss, damage or injury is caused by the
Commission's gross negligence or intentional willful misconduct. The parties hereby
agree that under no circumstances shall the Commission be liable for indirect
consequential, special or exemplary damages, whether in contract or tort (including strict
liability and negligence), such as, but not limited to, loss of revenue or anticipated profits
or other damage related to the leasing of the Hangar Space under this Lease.
20. Attorney Fees.
If the Commission files an action in district court to enforce its rights under this Lease
and if judgment is entered against the Tenant, Tenant shall be liable to and shall pay for
the Commission's attorney fees incurred in enforcing the Lease and in obtaining the
judgment.
21. Default.
This Lease shall be breached if: (a) Tenant ,fails to make the rental payment; or (b)
Tenant or the Commission fails to perform any other covenant herein and such default
shall continue for five (5) days after the receipt by the other party of written notice.
Upon the default by Tenant, or at any time thereafter during the cintinuance of such
default, the Commission may take any of the following actions and shall have the
following rights aganst Tenant:
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 42 of 63
7
a. Termination. Commission may elect to erminate the lease by giving no less
than thirty (30) days prior written notice thereof to Tenant and upon passage of
time specified in such notice, this lease and all rights of Tenant hereunder shall
terminate as fully and completely and with the same effect as if such date were
the date herin fixed for expiration of the Term and Tenant shall remain liable as
provided in this paragraph.
b. Eviction. Commission shall have the immediate right upon Termination of this
lease to bring an action for forcible entry and detainer.
c. Tenant to remain liable. No termination of this lease pursuant to this
paragraph by operation or otherwise, and no repossession of the hangar space
or_any_pa thereof shall relieve_ Tenanl2itsliabillties and obligatiQnsihereundor,_
all of which shall survive such termination, repossession, or reletting.
d. Damages. In the event of any termination of this lease or eviction from or
repossession of the hangar space or any part thereof by reason of the
occurrence of an Event of Default, Tenant shall pay to the Comission the rent
and other sums and charges required to by paid by the Tenant for the period to
and including the end of the Term.
22. Security.
Tenant acknowledges that the FAA or another governmental entity or subdivision may
enact laws or regulations regarding security at general aviation airports such that the
Commission may not be able to comply fully with its obligations under this Lease, and
Tenant agrees that the Commission shall not be liable for any damages to Tenant that
may result from said non-compliance.
23. Thirty (30) Days Termination.
Either party to this Lease shall have the right, with cause, to terminate this Lease by
giving thirty (30) days' prior written notice to the other party.
24. Non -Discrimination.
Tenant shall not discriminate against any person in employment or public accommodation
because of race, religion, color, creed, gender identity, sex, national origin, sexual
orientation, mental or physical disability, marital status or age. "Employment" shall include
but not be limited to hiring, accepting, registering, classifying, promoting, or referring to
employment. "Public accommodation" shall include but not be limited to providing goods,
services, facilities, privileges and advantages to the public.
25. FAA Provisions.
a. Tenant, for itself, heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does 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 (license,
lease, permit, etc.) for a purpose for which a Department of Transportation
program or activity is extended or for another purpose involving the provision of
similar services or benefits, the (licensee, lessee, permittee, etc.) 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.
b. Tenant, for itself, personal representatives, successors in interest, and assigned,
as a part of the consideration hereof, does hereby covenant and agree as a
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022
Page 43 of 63
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 subject 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
subject 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
Transportation, and as said Regulations may be amended.
C. It in understood and agreed that nothing herein contained shall be construed to
grant or authorize the granting of an exclusive right within the meaning of Section
308 of the Federal Aviation Act of 1958. This Lease shall be subordinate to the
provisions of any outstanding or future agreement between the Commission and
the United States government or the Commission and the State of Iowa relative to
the maintenance, operation, or development of the Iowa City Municipal Airport.
Tenant acknowledges and agrees that the rights granted to Tenant in this Lease
will not be exercised so as to interfere with or adversely affect the use, operation,
maintenance or development of the Airport
d. Tenant agrees to furnish service on a fair, equal and not unjustly discriminatory
basis to all users thereof, and to charge fair, reasonable and not unjustly
discriminatory prices for each unit or service; provided, that Tenant may make
reasonable and non-discriminatory discounts, rebates, or other similar types of
price reductions to volume purchasers.
e. The Commission reserves the right (but shall not be obligated to Tenant) to
maintain and in repair the landing area of the airport and all publicly -owned
facilities of the airport, together with the right to direct and control all activities of
Tenant in this regard.
f. The Commission reserves the right further to develop or improve the landing
area and all publicly -owned air navigation facilities of the airport as it sees fit,
regardless of the desires or views of Tenant, and without interferences or
hindrance.
g. The Commission reserves the right to take any action it considers necessary to
protect the aerial approaches of the airport against obstructions, together with the
right to prevent Tenant from erecting, or permitting to be erected, any building or
other structure on the airport which in the opinion of the Commission would limit
the usefulness of the airport or constitute a hazard to aircraft.
h. During time of war or national emergency, the Commission 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 this instrument, insofar as they are inconsistent with the
provisions of the agreement with the Government, shall be suspended.
It is understood and agreed that the rights granted by this Lease will not be
exercised in such a way as to interfere with or adversely affect the use,
operation, maintenance or development of the airport.
There is hereby reserved to the Commission, its successors and assigns, for the
use and benefit of the public, a free and unrestricted right of flight for the passage
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 44 of 63
9
of aircraft in the airspace above the surface of the premises herein conveyed,
together with the right to cause in said airspace such noise as may be inherent in
the operation of aircraft, now known or hereafter used for navigation of or flight in
the air, using said airspace or landing at, taking off from, or operating on or about
the airport.
k. The Lease shall become subordinate to provisions of any existing or future
agreement between the Commission 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 developmant_of_fbe-airport.____
26, Remedies Cumulative.
The rights and remedies with respect to any of the terms and conditions of this Lease
shall be cumulative and not exclusive, and shall be in addition to all other rights and
remedies available to either party in law or equity.
27. Notices.
Any notice, for which provision is made in this Lease, shall be in writing, and may be
given by either party to the other, in addition to any other manner provided by law, in any
of the following ways:
a. by personal delivery to the Commission Chairperson
b. by service in the manner provided by law for the service of original notice, or
C. by sending said Notice by certified or registered mail, return receipt requested, to
the last known address. Notices shall be deemed to have been received on the
date of receipt as shown on the return receipt.
(1) If to the Commission, addressed to:
Iowa City Airport Commission
Iowa City Municipal Airport
1801 S. Riverside Drive
Iowa City,. IA 52246
(2) If to Tenant, ressed to:
`22q 0
Email: k
28. Airport Manager.
The Airport Manager is the person designated by the Commission to manage the
Hangar Space and to deliver all notices and demands from the Commission, to receive
keys to the Hangar Space as provided in Paragraph 14, and to perform inspections as
provided in Paragraph 14.
29. Integration.
Airport Commission Agenda & Info Packet
Meeting Date: September 8, 2022 Page 45 of 63
10
This Lease constitutes the entire agreement between the parties, and as of its effective
date supersedes all prior independent agreements between the parties related to the
leasing of the Hangar Space. Any change or modification hereof must be in writing
signed by both parties.
30. Waiver.
The waiver by either party of any covenant or condition of this Lease shall not thereafter
preclude such party from demanding performance in accordance with the terms hereof.
31. Successors Bound.
This Lease shall be binding and shall inure to the benefit of the heirs, legal
representatives, successors and assigns of the parties hereto.
32. Severability.
If a provision hereof shall be finally declared void or illegal by any court or administrative
agency having jurisdiction over the parties to this Lease, the entire Lease shall not be
void, but the remaining provisions shall continue in effect as nearly as possible in
accordance with the original intent of the parties.
IOWA CITY AIRPORT COMMISSION
By:
Title:
Date:
TENANT:I
By:Q.
Title: �l�S; Date: 9
Approved:
CTty Attrney's Office
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