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HomeMy WebLinkAbout04-10-2003 Airport CommissionRECREATED FROM COMMISSION MEMBER MEETING PACKET Item: Air-; i )o IOWA CITY AIRPORT COMMISSION AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE THURSDAY, APRIL 10, 2003 — 5:45 P.M. I. Determine Quorum II. ChangeslAmendments to Minutes of the March 13 and February 17, 2003 meetings III. Payment of Expenditures IV. Public Discussion — Items Not on Agenda V. Items for Discussion/Action: a. Jet Air lease amendment — Buildings D & H b. Aviation Commerce Park (ACP) 1. Iowa Realty April report 2. Rob Nichols lease 3. Other issues C. Hagen property — sale/lease d. Obstruction mitigation project (consultant -Stanley Engineering) e. Environmental Assessment (consultant-H.R. Green Co.) f. Strategy plan project (consultant ABS) g. Hangar #31 & #33 leases h. IDOT funding 1. Vertical Infrastructure fund 2. Airport Improvement Program VI. Chairperson's Report VII. Commission Members' Reports VIII. Administrative Report IX. Set Next Regular Meeting for May 8, 2003 at 5:45 p.m. X. Adjournment Agenda summary- 10 April 03 a. Jet Air lease — Ron Duffe will present an update on Jet Air and how the business is doing. In order to rearrange space at the airport for the Civil Air Patrol, the airport operations and Jet Air, Jet Air would exchange part of building D for part of building H. Jet Air would then like the change in space clarified in their master lease. b. Aviation Commerce Park - Tracy Overton will present his monthly marketing report to the Commission. O'Neil will update the Commission on the fill dirt project. The Commission and Dulek will discuss legal options for recovering unpaid rent from Rob Nichols. C. Hagen property — this is a parcel of property between Hargrave Mceleney and Berg Auto. Both have expressed interest in the property. d. Obstruction removal project —Dulek, O'Neil and Donnelly met on March 31 to finalize the letter to the property owners. The letters are ready to be mailed to the property owners where the obstructions are located. e. Environmental Assessment -. If there are any issues to update, someone from H.R. Green could be there to answer questions. If any Commission member has questions concerning the project, I will arrange to have someone at the meeting from H.R. Green. The noise study and historical review have been sent to the FAA. f. Strategic planning — subcommittee report — The signed contract, the first payment, and the Notice to Proceed were sent to ABS on April 1. The Commission will need to schedule a time for the initial meeting with ABS, decide on how many information meetings to have for the project, and who will facilitate them. Ellis will present information to the Council on April 8. g. Hangar 431 & #33 leases — The leases for hangar #31 and #33 expired on February 28. At the March meeting, O'Neil said there were some non -substantive changes requested by the tenants. The consensus of the Commission was that they wanted to review the changes. The amount of the rent increase is not in question. h. If applications are to be made to the Vertical Infrastructure program and/or the Iowa Department of Transportation Airport Improvement Program, a resolution of support for the applications will need to be submitted. At this time, it does not look like the State will fund any AIP projects for this fiscal year. ivmvUTFs IowA CITY AIRPORT COMMISSION THURSDAY MARCH 13. 2003 —5:45 P.M IOwA CITY AIRPORT TERMINAL MEMBERS PRESENT: Michelle Robnett, Randy Hartwig, Alan Ellis, Baron Thrower, Rick Mascari STAFF PRESENT: Sue Dulek, Ron O'Neil CALL TO ORDER: Vice -chairperson Ellis called the meeting to order at 5:46 p.m. ELECTION OF OFFICERS Dulek provided the Commission with information on how they could proceed with the election of officers. She said they could appoint O'Neil to cleric the meeting until a chairperson was elected. They could also vote by ballot or by voice vote. Mascad made a motion to have O'Neil clerk the meeting until a chairperson was selected. Robnett seconded the motion and the motion passed 5 —0. O'Neil asked the Commission if they wanted to vote by ballot or voice vote? The consensus was to vote by voice vote. O'Neil asked for nominations for chairperson. Mascari nominated Ellis. Robnett seconded the nomination. Thrower nominated Mascari. Ellis seconded the nomination. O'Neil asked for other nominations. Robnett made a motion to close nominations. Mascari second the motion and it was passed, 5 — 0. O'Neil called for a vote on the Ellis nomination. The vote was 4 — 0. Thrower made a motion to withdraw his nomination of Mascari. Robnett seconded the motion and the motion was passed 5 — 0. Ellis asked for nominations for vice -chairperson. Robnett nominated Thrower as vice - chairperson. Hartwig seconded the motion. Mascan nominated Robnett. Ellis seconded the motion. Ellis called for a vote on the Thrower nomination. The vote was 3 — 0, with Thrower abstaining. Mascad withdrew his nomination of Robnett. Robnett seconded the motion and it was passed 5-0. APPROVAL OF MINUTES: The minutes of the February 13, 2003, Commission meeting were approved as submitted. AUTHORIZATION OF EXPENDITURES: Mascari asked about the bill for repair of the north access gate? He said he thought the bill was high. O'Neil said the cost was for the keypad that Mascari wanted replaced. Mascari asked about the heat exchanger in the Terminal Building. O'Neil said the building has three heat exchanger units and the one for the north end of the building had air in the boiler line and the air in the line had to be purged. Mascari made a motion to pay the bills. Robnett seconded the motion. The motion passed 5 - 0. PUBLIC DISCUSSION —ITEMS NOT ON AGENDA: David Hughes, from Earth Tech, said the bids for the extension of Mormon Trek were due in May. He was at the meeting to answer any questions the Commission had about the project. Mark Anderson said he had applied for the Airport Zoning Commission. Ellis welcomed Randy Hartwig to his first meeting as an airport commissioner. a. Aviation Commerce Park (ACP) — O'Neil said Tracy Overton, from Iowa Realty, was on vacation and would not be at the meeting. O'Neil said Overton's monthly report was in the Commission packet and if there were any questions, he would be back in town next week. Mascari said he thought there were people lined up to purchase the property and were only waiting for the waiver from the FAA. O'Neil said there was one offer reviewed and a counter-offer given. There are two interested parties that have both said they will be submitting offers. One of the businesses interested in lots #16 and #17 has decided to look elsewhere. O'Neil said if anyone has questions for Overton, let him know and he would contact Overton when he gets back from vacation. b. Obstruction mitigation project Mice Donnelly, from Stanley Engineering, updated the Commission on the project. Donnelly said he would take direct charge of the project and will be the contact person for Stanley. He said all of the obstructions have been identified and cost estimates for mitigation have been determined. Stanley is now ready to contact the property owners of the obstructions to set up meetings to discuss the mitigation. Donnelly said a draft letter has been prepared and will be reviewed by Dulek and O'Neil before it is sent to the property owners. Stanley will meet with the property owners and after meeting with the owners, give a formal report to the Commission. All contact with owners will be made with Stanley employees that live in the Iowa City area and are familiar with the community. Donnelly said there was an invoice sent to the Airport that did not accurately reflect the percentage of the project that has been completed He said he had not reviewed the invoice before it was sent out He asked the Commission to disregard the invoice and a corrected one would be sent Mascari asked what would happen if a property owner does not agree to have the obstruction mitigated? Donnelly said they would work with all owners to accomplish the mitigation. He said the Airport has a finite amount of money and he does not want to spend all the Airport's time and money on just a few difficult cases. He said this is a safety project and the designation of something as an obstruction is for the protection of the people on the ground as much or more than the people in the aircraft. He said it would be presented as a safety benefit to the -community to remove the obstructions. Mascari said that sometime at his body shop, they have a problem that they can not figure out on their own. He asked Donnelly if Stanley has outside resources they could call for help? Donnelly said there are about 700 people that work for Stanley, all over the United States and they are available as a resource for his office. Donnelly said most projects have problems. What he tries to avoid is having surprises. O'Neil said he was satisfied with the course of action Donnelly has proposed to continue on with the project He said the Commission should express any concerns they have. O'Neil said the project is at a point where the property owners are to be contacted. Good public relations will be critical. Ellis said that when Stanley was interviewed, one of their selling points was that Stanley said they had a group of people that were very strong in public relations. To finalize the obstruction list, Donnelly will work with his staff and relay the information to O'Neil. If there is an impasse on removing an obstruction, the Commission will be informed and asked for their opinion. Robnett asked what landowners would do that can't afford to have the obstruction mitigated? Donnelly said the purpose of the grant is to pay for mitigation of the obstructions. Donnelly said there would be two different letters. If an obstruction is man-made, the owners will be required to show they had an air space study done by the FAA. If they haven't, they may be in violation of federal airspace and mitigation of the obstruction should be at their expense. Mascari asked how much aviation experience Stanley has? Donnelly said they have aviation experience throughout the United States. He said their base of work is with municipalities. Ellis asked if Stanley would be available to present information to the Council if necessary? Donnelly said Stanley would be available and he would be the contact person. Ellis said he is comfortable proceeding on the path they were on. Mascari wanted to know how Stanley would determine how much a tree would be worth? Donnelly said the IDOT has a schedule that shows the value of certain kinds and sizes of trees. He said there are other ways to determine values. Ellis asked if the Commission could terminate Stanley's contract if they were not satisfied with the progress of the project Dulek said there was termination language in the contract. Mascari said this is an important project for the Airport. He said negotiations with the public are going to be important Mascari said he would like to make a motion to terminate Stanley's contract. There was no second to the motion. Robnett said she is comfortable with the job Stanley is doing and is glad that Donnelly will be the point of contact Ellis said he would be at the next Council meeting to give them an update of the obstruction mitigation. O'Neil reminded the Commission that the grant is not to reimburse the owners of obstructions for the value of the obstruction. The grant is for the cost to remove or otherwise mitigate the obstruction. If the Commission would want to reimburse someone for an obstruction, local money would need to be used. c. Environmental Assessment project — Richard Blum, from H.R. Green, said two sections of the project were completed and submitted to the FAA for review. The noise section and historical analysis have been completed. Green has concluded that they do not think there is or should be a historical district on the Airport. On the noise study, there is a small area of the 65dn1 noise contour that is not on Airport property. The noise generated by the airport is not significant But as this area is developed, the noise level will increase because of the additional traffic. Blum said Green could draft of letter to Karin Franklin to make her aware of the potential impact to the area to be annexed. Ellis asked Blum to send a letter to Franklin, outlining the potential problem. Blum said he does not think this is an airport problem, but the Planning Department may be interested in the information. The Commission will be copied on the letter. O'Neil asked if Green was still on schedule to get the information to the FAA to meet the 2003 finding deadline? Blum said Green would have the information to Kansas City in April. Blum said the ALP is still in Kansas City being reviewed. He said the ALP under review more closely matches the Airport Zoning code. d. Hangar #31 and 033 leases- O'Neil said that the tenant in hangar #33 had some minor non - substantive changes to the lease. O'Neil wanted to know if the Commission wanted O'Neil to initial the changes and have the tenant complete the lease. The tenant for hangar 431 wanted to keep the language ofthe old lease, updating the term and the rent Robnett asked if the Commission wanted a universal due date? O'Neil said there is a universal date for the one-year t-hangar leases. The leases under consideration are multi -year leases. Mascari asked if the offices are limited to aviation uses? O'Neil said the purpose is to eliminate operating unauthorized businesses from the hangar office. Ellis said that if the tenants have changes, they should propose them to the Commission. All the leases would then be changed The changes would be offered to the tenants that have active leases. If they did not want to change, the new language would be incorporated into the next version of the lease. O'Neil said this could be on the agenda for the next meeting. e. Vertical Infrastructure grant - Buildings B and C — O'Neil said the contract to develop the plans and specifications is ready to go and he wanted the Commission to authorize a Notice to Proceed. Mascari said this was a 70/30 grant, with the IDOT maximum share being $ 50,000. Mascari made a motion to send H.R. Green a Notice to Proceed for the Vertical Infrastructure project for Buildings B and C. Robnett seconded the motion and it passed 5 — 0. f. Strategic planning — subcommittee — Robnett circulated a copy of the subcommittee meeting minutes from the February 17 meeting. She said that she thought the Scope of Services developed by Dulek and O'Neil was very complete. Thrower asked if individual people should be maned for the groups ABS is to contact? Robnett said she thought just listing the contact group was adequate, with additional names supplied directly to ABS. Ellis had two changes he wanted to make. He wanted to include additional language to the section that describes the goals of the Commission. The other change was to increase the expenses from $3000 to $5000 or not put a cap on expenses. Robnett said she agreed with Ellis. She said she had priced facilitators and thought ABS could facilitate for the same price or less than some of the local facilitators. Dulek suggested that ABS give a timeline for accomplishment of the goaLs, Thrower said the minutes of the meeting with the Council should be reviewed to see if there was a dollar amount for expenses discussed with the Council. O'Neil said if there is to be anything over the $15,000 number, a letter should be sent to Council confirming that the funding is there. He said the letter and Scope of Services that was given to the Council indicated the expenses would be up to 20% of the $15,000 fee. That is where the $3,000 number came from. O'Neil said that it should be reinforced with Council that it would be the $15,000 plus 20%. He said that if the Commission anticipated it would be more than the $3,000 in expenses, they needed to discuss that with Council. Ellis will review the transcript and see if there was any specific expense numbers discussed. Robnett asked where the 20% number was generated? O'Neil said it was in the cover letter sent to the Council. Dulek said she could not recommend a contract with no cap on expenses. Mascari said he thought the cap should be $3000. Ellis said he wanted flexibility in case the expenses were above the 20%. Dulek said if ABS is to be the facilitator, that should be spelled out in the contract. Ellis said ABS would facilitate at the meeting while they are here, but a local facilitator would be needed if the Commission holds additional meetings without ABS present Thrower said he did not think the Council authorized anything above the $15,000. He said he thought they were expecting a completed project for $15,000. There was discussion on the contents of the contmct. Mascari said he thought the Scope of Services included more than ABS proposed. O'Neil said the Commission should ask for what they wanted. If ABS does not agree, the Commission could negotiate with them and get as much as they can for the $15,000 fee. Thrower agreed that there was room for negotiation and the Commission should ask for what they wanted. Thrower made a motion to accept the agreement as proposed. Robnett seconded the motion and it was approved 5 — 0. Ellis said he would like to see the agreement before it is sent. O'Neil said he would e-mail a copy to the Commission after the changes were made that were suggested by the Commission. CHAIItPERSON'S REPORT: Ellis thanked the Commission for electing him chairperson. He said he anticipated some changes would come out of the ABS report. He said he wanted to make a slight change to the way the agenda items were discussed. Ellis thanked Hartwig for applying for the Commission. Ellis said he hoped the ABS report would give some insight on what could be discussed in the Commission members' reports. COMMISSION MEMBERS' REPORTS: Mascad welcomed Hartwig to the Commission. Mascari said there was a letter in the packet that said the State was in charge of new approaches. Robnett said the State is just a conduit for the FAA. Mascari asked if Iowa City had applied for a precision approach? O'Neil said the Commission does not have an ALP with an approach slope that would allow for a precision approach. The ALP was changed from a 50:1 to a 34:1 because the Airport has too many obstructions for a 50:1 approach. Mascad said he really wanted the instrument approach. O'Neil said that until the obstructions are mitigated, a precision approach could not be sighted. O'Neil said he would contact IDOT and discuss whether it would be beneficial to have a request form on file. Mascari asked about the moving the Manager's office to the Terminal? O'Neil said this was something discussed briefly at the Council/Commission meeting. O'Neil said he sent a letter to Jet Air, asking if there was space in the Terminal they would be willing to give up. He said he talked with Ron Duffe from Jet Air and Jet Air is using all their leased space. O'Neil said he is negotiating with them for space in Building D. That would make the Manager's office more assessable and allow for office space in Building G for the Civil Air Patrol. Dulek said that if the Commission wanted to discuss this in more detail, it should be an agenda item. Mascari thanked Thrower and Robnett for nominating him for chairperson. Robnett said the subcommittee would be working closely with ABS on the Strategic Business Plan. Thrower said there were some incorrect telephone numbers on a contact list memo. O'Neil said he would make the corrections. O'Neil asked the Commission if they were interested in changing the rules for the meeting room? There was a request that the room fees be waved for anyone based at the Airport. The Commission indicated that they were not interested in changing the room policy at this time. The owner of Berg Auto inquired about leasing the Airport property next to him. Robnett asked about Hargrave Mceleney's interest in the same property? She said the Commission had discussed selling or leasing the property to them. O'Neil said he would have this as an agenda item at the next meeting. Ellis said he thought Hargrave was going to come back to the Commission with a proposal. There is a bill before the State legislators that would increase the tax on aircraft. O'Neil said he doesn't know if the bill made it out of committee. O'Neil said he was at a meeting in Ames most of the day to review proposals to select a consulting firm to update the Iowa Aviation System Plan. He said the MOT committee that he is on would be interviewing firms on April 10 or 11. The project will last 12 to 15 months. The next regular Airport Commission meeting is scheduled for April 10, 2003, at 5:45 p.m. /:� �7rP► a:3 i S:r W The meeting was adjourned at 8:04 p.m. Alan Ellis, Chairperson Airport Commission Meeting Minutes Monday, February 17, 2003 Start: 12:30pm End: 2:45pm Present: Alan Ellis, Michelle Robnett (recorder), Baron Thrower Agenda and Discussion 1. Quorum established. 2. No public discussion. 3. Strategic plan project discussion and action: a. Alan Ellis, three goals for airport strategic planning are- i. Generate sufficient revenues to become self-sufficient, ii. Create a strategic plan vision, Hi. Include a review and recommendations for change in each of the following areas: 1. current management practices, 2. current policies and procedures, 3. current lease and rental agreements iv. Create a detailed plan for implementing the Strategic Business Plan. b. Baron Thrower stated the description of services provided in the ABS document for a Strategic Business Plan can be identified as the deliverables expected from the Iowa City Airport Commission. c. Baron Thrower provided a list of outside entities that should be asked to provide input to the strategic plan. Michelle Robnett and Alan Ellis provided additional input for a final revised list. d. The Commission sub -group decided to use ABS as the facilitator for the strategic business planning process because their rates, $150-$195 were comparable to informal quotes given by potential local facilitators. Given that a local facilitator would have to become familiar with ABS's process, the sub -group determined that it would be most efficient and expeditious for ABS to serve as facilitator for their own strategic planning process. e. During the meeting, a phone call was made to ABS. ABS was asked at that time to serve as the facilitator. £ The Commission sub -group discussed Ron O'Neil's involvement in the strategic business planning process and decided that the Airport Manager must be closely and integrally involved in the strategic planning process since he was the source for airport documents, history, and management, and will also be the individual to operationalize and implement the strategic business plan for the Airport. This will also keep ABS expenses to a minimum because the Airport Manager is knowledgeable about both the airport and city management processes. g. The Commission sub -group also defined the commissioners role as city council appointed, unpaid volunteers that will provide broad policy and guidance agent in the strategic business planning process and future airport growth. Mr. O'Neil is the Airport Manger and will be expected to operationalize and implement the final plan to its fullest extent. This expectation will be included in Mr. O'Neil's future yearly performance evaluations, and it is expected that Mr. O'Neil will perform stellarly! With the expert assistance of these airport consultants the commission sub -group believes Mr. O'Neil has all the requisite skills and ability to operationalize the goals and plan as developed for the Iowa City Airport as outlined above. i. Generate sufficient revenues to become self-sufficient, ii. Create a strategic plan vision, iii. Include a review and recommendations for change in each of the following areas: 1. Current management practices, 2. Current policies and procedures, 3. Current lease and rental agreements iv. Create a detailed plan for implementing the Strategic Business Plan. c:\my documents\michelle docs\airport commission meeting 2 17 03.doc IOWA CITY AIRPORT COMMISSION April 2003 Airport Expenditures Account 46110 116483 Larew Company Urinal repair -Bldg E 116484 Commercial Towel Feb. service 116485 Midwest Janitorial March service 116487 Airport Business Solutions Business plan, paymt. #1 116488 Johnson County Recorder ACP subdivision- record 116470 City of Iowa City Sewer & water —Mar. 116486 H. R. Green 116490 Stanley Consultants Account37440 EA payments #5, #6 & #7 Account 37450 Obstruction mitigation paymt # 3 Amount $ 83.48 44.10 185.00 5000.00 46.00 118.78 35,986.70 15,820.00 The above listed expenditures were approved for payment at the Iowa City Airport Commission meeting on April 10, 2003. Chairperson Vice -chairperson BARASH & EVERE'IT, LLC Attorneys at Law 256 South Soangetaha Road, Suite 108 Post Office Box 1408 Galesburg, Illinois 61402-1408 October 29, 2001 Barry M. Barash Jamie L. Ross Reynolds M. Everett, Jr. (Galva) Keith A Luymes (Galva) Mark D. Munson (Kewanee) Telephone: 309.341.6010 Facsimile: 309.341.1945 E-mail: barashb@barashlaw.com Iowa City Airport Commission BY UPS Next -Day Air Attn: Mr. Ronald J. O'Neil, Secretary 1801 South Riverside Drive Iowa City, IA 52246 RE: Iowa City Municipal Airport Commission -Jet Air, Inc. [Lease dated November 1. 20011 Dear Ron: am returning the signed copies of the lease per your letter of October 24. Phillip Wolford and I plan to be present on November 1 at the public hearing. If the time changes, please let us know. Sincer ly, A 91"Y BARR M.BARASH Executive Vice -President Jet Air, Inc. BMB/pam Enclosures cc: Harrel W. Timmons Offices in Galesburg, Galva, and Kewanee Galesburg • 256 S. Soangetaha Rd., Suite 108, PO Box 1408, Galesburg, IL 61402-1408 - Tel. 309.341-6010 • Fax 309.341.1945 Galva • 110 N. Exchange Street, PO Box 165, Galva, IL 61434 - Tel. 309.932.2001 • Fax 309.932.3151 Kewanee • 211 W. 2nd St, Kewanee, IL 61443 - Tel. 309.852-5555 - Fax. 309.853.8135 IOWA CITY MUNICIPAL AIRPORT FIICED BASE OPERATOR'S AGREEMENT This agreement, is made and entered into this 1st day of November, 2001, by and between the Iowa City Airport Commission, (hereinafter " Commission'), whose address for the purpose of this lease is 1801 South Riverside Drive, Iowa City, Iowa, 52246, and Jet Air, Inc., (hereinafter "JA"), whose address for the purpose of this lease is Municipal Airport, 58 Illinois Route 164, Galesburg, Illinois 61401, WITNESSETH THAT: 1. Term. This lease shall be in effect for five (5) years beginning the 1 day of January, 2002, and ending the 31 day of December, 2006. JA is granted an option to lease the premises for up to four (4) additional five (5) year terms. JA will notify the Commission in writing 120 days before the end of the initial lease of their intentions for the second five-year term, and likewise, for each succeeding five (5) year option. Hours of operation: Front office: Sunrise to sunset - 7 days a week Fuel: Sunrise to sumsd and after regular hours Phone: Manned 24 hours a day, 7 days a week Charter/ambulance: 24 hours a day, 7 days a week 2. Reat. JA agrees to pay the Commission rent for the leased property as follows: First three months No charge Months 4 -12 $ 1000 per month Months 13 - 24 $ 1500 per month Months 25 and thereafter. $ 3000 per month Rent is payable on the first day of each mouth during the tear ofthis lease. Payments received after the fifteenth (15TH) day of each month shall draw interest at 9%per annum from the date due, until paid. The rent will be adjusted consistaut with the increase or decrease in the Consumer Price Index as each option is exercised. Auras rented, as shown an Exhibit A, are as follows: a. Building "B", to include first floor offices(Rooms # 115-118, 103, 104, and 108) and service counter(#114), pilots lounge(#110), and vending machine room(#105). This does not include the public areas on the first floor or the entire second floor ofthe building. All utilities for Building E are to be paid by the Commission. b. Building "F", all utilities to be paid by JA C.Fuel site — JA shall pay $.05 per gallon storage fee for fuel stored in the fuel tacks at the southwest comer of Building "F". In addition, JA will tolled for the Airport Commission a per gallon flowage fee of 5.05 for each gallon of aviation and jet fuel delivered by JA' supplier. These fuel flowage fees shall be paid monthly on the V day of each month for the previous mouth's fuel deliveries. JA shall provide copies of receipts for all fuel delivered and hereby authorizes the Commission to request and receive copies of all receipts from JA' fuel supplier. The fuel flowage fee may be renegotiated if an extension is granted after the first five (5) years of this lease. The Commission will be responsible for maintenance and insurance of the fuel tank site. JA will have control of the NOLL 2 and Jet A remote fueling stations and any future improvements to the fuel storage and delivery system. d. Included in the rent is use of all equipment in Buildings E and F currently owned by the Commission, (e.g. weather data link, cable television access, flight service telephone). Line and cable charges will be the responsibiity ofthe Commission. e. JA will provide all equipment necessary to operate a full -service FBO, (e.g. fuel trucks, tugs, tow bars, APU, air compressor). 3. Non-exclusive right. It is agreed that nothing herein contained shall be construed to grant or to authorize the granting of an exclusive right prohibited by Section 308 of the Federal Aviation Act of 1958, as amended, and the Commission reserves the right to grant to others the privilege and right of conducting any activity of an aeronautical nature or otherwise. 4. Use of premises. JA covenants and agrees during the term of this lease to use and occupy the property, facilities, and improvements located on the property described in attached Exhibit "A„ for the sole purpose of doing business as a Fixed Base Operator ("FBO'). Interior mainteance of property leased by JA shall be the responsibility of JA. Premises are to be kept reasonably clean. Without limes the scope of JA's obligation herein, JA agrees to keep faucets closed so as to prevent waste of water and flooding of the premises, to promptly take care of any leakage or stoppage in any of the water, gas, or waste pipes inside the buildings, to repair any damage to electrical circuits due to overloading and to replace light bulbs. JA agrees to maintain adequate heat to prevent freezing of pipes. JA, at its own expense, may make improvements but shall make no structural alterations or improvements without first obtaining the Commission's written approval of the plans and specifications. JA also agrees not to construct or attach any fixtures .without first obtaining the Commission's written approval. a. This will include all maintenance not considered as affecting the structure of the property leased. JA shall not allow the premises or any improvements thereon to remain vacant or unoccupied for a period often (10) or more consecutive days. b. JA shall be responsible for propertytaxes, if any, on said premises and the improvements them. JA acknowledges that the Commission does not and cannot make any representation as to whether real estate taxes will be assessed against the leased property or improvements thereon. c. JA shall provide, at a minimum, those services necessary to qualify as an FBO under the Iowa City Municipal Airport Minimum Standards for Commercial Aeronautical Activities ("Minimum Standards'). JA shall comply with applicable Minimum Standards for each service provided. JA shall not provide any aeronautical activities beyond those set out in the Minimum Standards without the prior written consent ofthe Commission. Fueling, aircraft rental and training and mechanic services are considered mandatory. d. JA shall not use the premises for any non -aeronautical services or activities, except as follows and only to the extent allowed by applicable local, including zoning, ordinances: 1. Automobile rental services; and 2. Restaurant. JA understands and agrees that no other non -aeronautical services or activies are permitted 3 or authorized at Iowa City Municipal Airport without the prior written authorization ofthe Commission. e. JA shall not use or permit the premises to be used for any unlawful purpose. JA shall comply with all local, state and federal codes, including but not limited to the Iowa Department of Transportation and Federal Aviation Administration rules and regulations. Vehicle and equipment parking shall be limited to approved hard -surfaced areas and access to other areas ofthe Airport shall not be obstructed. f. All improvements tb the leased property shall become the property ofthe City of Iowa City upon the expiration or termination of the original term of this lease unless otherwise provided for by separate agreement. g. JA will be responsible for snow removal of the sidewalks around their leased premises. The Commission will be responsible for mowing the grass and snow removal ofthe public areas, such as the entrance drive, parldag areas, the taxiways and runways, the ramp area directly west of Building E and directly south of Building F. 5. Rules and Regulations. JA agrees that the Commission has the right to adopt and enforce reasonable rules and regulations and that JA and all its employees; agents and servants will observe and comply will all rules and regulations as may be adapted by the Commission, City of Iowa City, the State of Iowa, or the United States of America. 6. Commission rights. The Commission further 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 JA 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 or violate any local, state, or federal laws or regulations. JA shall provide an annual financial statement (at the review level) if requested by the Commission. This shall be provided no later than thirty (3o) days after JA receives a written request from the Commission. JA shall not act as an agent or represent itself as an agent of the Commission in any matter, including those between to Federal Aviation Administration and the Commission. 7. JA rights. JA shall have the non-exclusive right to the use ofthe landing field, including the runways, taxiways, lighting system, ramp and tic down area. JA shall have the non-exclusive right to ingress, egress and unlimited access to the leased premises and shall have peaceable possession and quiet enjoyment thereof during the term of this lease. JA shall expect prompt response from the Commission on issues not anticipated in this lease. Default of lease. If there be any default in the payment of fees as stated in this agreement, or if JA shall break any of the covenants and agreements contained herein, or shall wilWy or maliciously do injury to the premises or shall file a petition in bankruptcy or have an involuntary petition in bankruptcy filed against it or seek any other relief from creditors through a court of bankruptcy or make an assignment for the benefit of creditors, the Commission shall have the right at any time thereafter, with notice, to declare that the tenant is in default and that this Agreement has been 4 breached. Upon default, JA shall be liable to the Commission for all rent due through the remainder of the terms of this Agreement. It is agreed that upon the occurrence of any default by JA under this lease, the Commission shall have the right to distraint for rent and shall have a valid and first lien upon any equipment located upon said premises as security for the payment of the rent and other obligations herein provided for. JA agrees that after any default, it will not remove from the premises any of its equipment, books of account or possessions until the accounts of the Commission and JA under this lease have been finally and completely settled. No right or remedy herein conferred upon or reserved to the Commission is intended to be exclusive or any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy existing at law or in equity or by statute. 9. Advertising. JA agrees that no signs or advertising material shall be placed or erected upon the leased premises without the prior written consent of the Commission. All signs and advertising material shall be well maintained and in a readable condition. Any such sign or advertising material that is determined by the Commission or City of Iowa City not to be in conformance with the City of Iowa City sign ordinances shall be removed upon receipt of written notice. 10. Official notices. Notices to the Commission as herein provided shall be sufficient if sent by certified mail, to the Airport Manager, Iowa City Municipal Airport, 1801 South Riverside Drive, Iowa City, Iowa, 52246. JA shall give the Commission notice when: a. There is any abandonment or expected abandonment of any of the leased buildings or premises. b. When there is or is expected any breakdown in services or reduction or increase of services for a period of more than 48 hours. Interruption of fueling service must be reported within 8 hours to the Airport Manager or an Airport Commission member. C. When there is a change in the use ofthe leased premises or a planned or anticipated change in the use of the leased premises. d. When any 'condition exists that may lead to major maintenance and repair of JA facilities and equipment. e. Any event in which the Commission may be subjected to a major loss, accident, inves- tigation, or need of representation by a City official. Notices to JA shall be sufficient if sent by certified mail to: Jet Air, Inc., Municipal Airport, 58 Illinois Route 164, Galesburg, Illinois, 61401. 11. Insurance. JA shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with JA' operations and use ofthe leased premises. JA covenants and agrees that it will 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 Covera¢e a. Comprehensive General Liability 5 (1) Bodily Iuiury & Pmperty Damage Each occurrence $1,000,000 JA 's insurance carrier shall be A rated or better by A.M. Best. JA shall name the Commission, and the City of Iowa City, as additional insured. JA shall deliver to the Commission, within thirty (30) days of execution ofthis agreement, Certificates of Insurance or copies of said policies. Workers, Cnmsuensation: Statutory as required by the State of Iowa. JA shall fiunish the Commission with certificates of insurance effecting coverage required by this clause and the Commission and City of Iowa City shall be listed as additional insureds. The cerocation shall provide for 30 days notice of any material change or cancellation ofthe policies. 12. Non-discrimination. JA covenants, in consideration of the right to provide aer cal services at the Iowa City Municipal Airport, that JA, its employees, and agents, shall n� discriminate color, creed, against any person in employment or public accommodation because of race, religion, gender identity, sex, national origin, sexual orientation, mental or physical disability, martial status, or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. JA shall remain in compliance with all requirements of 49 CFR Part 21, Non -Discrimination in Federally Assisted Programs ofthe Department of Transportation. 13. Assignment or Transfer. JA shall not assign or transfer this lease, or any interest herein, or sublet the premises or any part thereof without the prior written consent ofthe Commission. This agreement shall extend to and be binding upon the heirs, executors, administrators, trustees, successors, receivers, and assigns ofthe parties hereto. 14. Changes to be in writing. This agreement shall not be modified, waived, or abandoned except in writing duly executed by both parties. This agreement contains the whole agreement ofthe parties, and is not assignable by either party without the written consent ofthe other. 15. Severabft. in the event any portion ofthis lease is found "invalid, the remaining portions shall be deemed severable and shall remain in full force and effect. 16. Indemnification. To the fullest extent permitted by law, JA and the Commission and the City of Iowa City, its agents, servants, and employees shall indemnify and hold harmless each of the Other parties against all claims, demands, and judgments, including attorneys fees, made or recovered for damages to real or tangible personal property, or for personal injury, bodily injury, or death to any person arising out 4 or in connection with, any acts or omissions or use or misuse of the leased premises by JA, its agents, or sublessees or any one directly or indirectly employed by anyone ofthem. 17. Inspections. The Commission reserves the right to enter upon the leased premises at any reasonable time for the purpose of making an inspection it may deem expedient. This maybe done at any time in case of an emergency and/or accompanied by an JA employee during regular hours of operation. 0 18. FAA Provisions. For purposes of paragraphs (a) through (k) below, the Airport Commission shall be re&ned to as the Commission and Jet Air shall be referred to as the JA. (a) JA, for itself heirs, personal representatives, successors in interest, and assigns, as a part ofthe 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, JA, permittee, etc.) shall maintain and operate such facilities and services is compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs ofthe Department of Transportation, and as said Regulations may be amended. (b) JA, for itself its personal representative, successors in interest, and assigned, as a part of the consideration harbor, does hereby covenant and agree as a covenant running with the land that: (1) no person an 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 JA, 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 or current revisions thereof.. (d) JA agrees to furnish service on a fair, equal and not unjustly discrimmatory basis to all users therooi, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that JA may make reasonable and non-discriminatory discounts, rebates, or other similar types ofprice reductions to volume purchasers. (e) Commission reserves the right (but shall not be obligated to JA) 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 the JA in this regard. (f) 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 JA, and without interferences or hindrance. (g) 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 JA from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of Commission would limit the usefulness of the airport or constitute a hazard to aircraft. (h) During time of war or national emergency 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 Govemmeut, shall be suspended. (i) It is understood and agreed that the rights granted by this agreement 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 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 became subordinate to provisions of any existing or future agreement between the Commission and the United States of America or any eof relative to the whidr has been or operation, development, or maintenance ofthe airport, the execution of may be required as a condition precedent to the expenditure of federal fiords for the developmeat ofthe airport. IN WITNESS WHEREOF, the parties hereto have executed this lease as ofthe day and year first above written. IOWA CITY AIRPORT COMNUSSION By {\ BY late: o � 11w o 1 Approved by City Attorney's Office • I• 1 ✓ .11 I 11 . . , . In. 1 Date: Id - z '> -� ai 11-1—Of F W 3 NORTH / IL I v[rrurci weuc icxx+c[ 'fI IU. �Il Al IS II' Ins l 11 I ;Exhibit A - Building E, first floor NORTH w 3 Exhibit A - Building E, second floor HANGAR LEASE THIS LEASE made and entered into this 25 day of October, 2001, by and between the IOWA CITY AIRPORT COMMISSION of Iowa Johnson County, Iowa (hereinafter called the "Commission7, and IOW Aero, Inc. (hereinafter called "IOW'), whose address for the purpose of this lease is 1801 South Riverside Drive, Iowa City, Iowa, 52248, contains the following terms and agreements: WITNESSETH 1. PROPERTY LEASED. The Commission agrees to rent to IOW and IOW agrees to rent from the Commission Building D, (hereafter "Leasehold Premises") located at the Iowa City Municipal Airport ("Airport') 2. TERM. The term of this lease shall be for two and one-half (2.5) years, from December 1, 2001, through May 30, 2004. 3. RENT. IOW agrees to pay to the Commission a monthly rent of $500.00, payable in advance on the first day of each month beginning with December 1, 2001. The rent amount shall be pro-rata for any rental period less than one (1) month. A 1.5% late fee for rent not received by the Commission will be charged after the fifteenth (15) day of each month. 4. POSSESSION. IOW shall be entitled to possession on the first day of the tens of this lease, and shall yield possession to the Commission at the date and dose of this lease tern, except as herein provided. Should the Commission be unable to give possession on said date, IOW s only damages shall be a pro rata reduction and rebate of the rent otherwise due. 5. USE OF PROPERTY. IOW agrees during the term of this lease to use and to occupy the Leasehold Premises for storage and maintenance of aircraft, and all operations permitted for an aero dub as defined in the Airport Minimum Standards. The office area is to be used for aviation -related uses only. No outside storage of vehicles or materials is permitted. 6. BUILDING MAINTENANCE. Commission agrees to be responsible for the structural maintenance and the exterior upkeep of the buildings covered by this lease. IOW shall be responsible for snow removal on sidewalks around said building and agrees to do so in a prompt and efficient manner. Commission shall be responsible for mowing the grass and for removing the snow on the ramp area at the east side of the building, at no expense to IOW. IOW agrees to be responsible for the interior maintenance of the hangar building covered by this lease during the lease term. Without limiting the scope of IOW s obligation herein, IOW agrees to keep faucets dosed so as to prevent waste of water and flooding of the premises, to promptly take care of any leakage or stoppage in any of the water, gas, or waste pipes inside the hangar building, to repair any damage to electrical circuits due to overloading and to replace light bulbs. IOW agrees to maintain the heating system to adequately prevent freezing of the water pipes. IOW may make improvements to the building and may be reimbursed by the Commission for all or part of the improvements. Reimbursement can be in the form of a temporary reduction in rent Reimbursement amounts for the improvements must be approved by the 2 Commission before beginning the improvements. IOW shall be responsible for maintaining the leased property in a clean and sanitary manner. IOW shall make no structural alterations or improvements without first obtaining the Commission's written approval of the plans and specifications. IOW also agrees not to construct or attach any fixtures without first obtaining the Commission's written approval. 7. DESTRUCTION OF LEASEHOLD. If, during the teen of the lease, any of the property or Leasehold Premises are destroyed by fire or the element , or fie re event they Leaseholed d ld so as to render them wholly unfit for occupancy, in Premises cannot be replaced within two hundred and seventy (270) days from the occurrence, then this lease shall be null and void from the date of such damage or destruction, and IOW shall immediately surrender the destroyed premises and all interest therein to the Commission. In the event of such surrender, IOW shall have no obligation to pay rent for said destroyed Leasehold premises from the date of destruction. In the case of partial destruction, wherein the Leasehold Premises can be repaired within two hundred and seventy (270) days, IOW may continue to occupy the premises while the repairs are being made, and the Commission shall repair the same with all reasonable speed. if IOW chooses not to occupy said premises during the repair period, no rent shall be due the Commission. Immediately after said repairs have been completed, IOW agrees to pay rent to the Commission, as provided in paragraph 4 above. In the event the premises shall be only slightly damaged so as not to render them unfit for occupancy, the Commission shall repair the same with all reasonable speed, and the rent shall not cease during the period of repair. g. UTILMES IOW agrees, at its own expense, to pay for the monthly costs of all utilities for Building O under this lease. 9. REASONABLE CARE OF PROPERTY. IOW agrees not to permit or allow any of the Leasehold Premises to be damaged by any negligent act or omission of IOW or its employees, and agrees to surrender all rights, privileges and Leasehold Premises at the expiration of this leave in as good condition as at the commencement of this Lease, normal wear and tear excepted. IOW agrees to commit no waste and to permit no illegal act on the Leasehold Premises, and further agrees to allow the Commission free access to inspect the Leasehold Premises at all reasonable times. 10. INSURANCE. IOW shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with IOW operations and use of the leased premises. IOW covenants and agrees that it will 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 a. Comprehensive General liability (1) Bodily Injury & Property Damage Each Occurrence $1,000,000 IOW's insurance carrier shall be A rated or better by A.M. Best IOW shall name the Commission, and the City of Iowa City, as additional insured. IOW shall deliver to the Commission, within thirty (30) days of execution of this agreement, Certificates of Insurance or copies of said policies. Workers' ComQensation: Statutory as required by the State of Iowa. 11. GRANT ASSURANCES. This Agreement shall be subordinate to the provisions of any outstanding agreement between the Commission and the United States Government and/or the State of Iowa relative to the maintenance, operation, or development of this Airport IOW specifically acknowledges and agrees that the rights granted by this Agreement will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance, or development of the Airport. 12. CODE COMPLIANCE. It is agreed that IOW shall comply with all applicable provisions of the Code of Ordinances of the City of Iowa City, Iowa. It is further mutually agreed that IOW shall observe and obey all reasonable and uniformly applied Airport rules and regulations for all airport users promulgated by the Iowa City Airport Commission and/or the Airport Manager, together with any amendments or changes thereto, which have application to the operations of IOW s business. 13. FUEL STORAGE. It is mutually agreed that no gasoline or other fuel or lubricating oil, or any other flammable fluids, will be used or stored in or on Leasehold Premises, unless properly contained in a parts -cleaning machine or metal cabinet and as permitted by the Code of Ordinances of the City of Iowa City, excepting the fuel or oil that may be contained within the functional parts of the aircraft itself or fuel distribution equipment 14. MECHANIC SERVICES. IOW agrees that mechanics services will meet all Airport Minimum Standards, as well as state and federal regulations. 15. INDEMNIFICATION. To the fullest extent permitted by law, IOW and the Commission and the City of Iowa City, its agents, servants, and employees shall indemnify and hold harmless each of the other parties against all claims, demands, and judgments, including attorney's fees, made or recovered for damages to real or tangible personal property, or for personal injury, bodily injury, or death to any person arising out of, or in connection with, any acts or omissions or use or misuse of the leased premises by IOW, its agents, or sublessees or any one directly or indirectly employed by any one of them. 16. SEVERABILITY. In the event any covenant, condition, tens or provision herein contained is held to be invalid, the remaining portions shall be deemed severable and shall remain in full force and effect 17. ASSIGNABILITY. This lease shall not be modified, waived or abandoned except in writing duly executed by both parties. This Lease contains the whole agreement of the parties, and is not assignable without the written consent of Commission. IOW shall not sublet this agreement without written consent of the Commission. 18. NON-DISCRIMINATION. IOW covenants, in consideration of the right to lease property at the Iowa City Municipal Airport, that IOW, its employees, and agents 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, upgrading, or referring to employment "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. IOW shall remain in compliance with all requirements of 49 CFR Part 21, Non -Discrimination in Federally Assisted Programs of the Department of Transportation. 19. FAA Provisions. For purposes of paragraphs (a) through (k) below, the Airport Commission shall be referred to as the Commission and IOW Aero shall be referred to as IOW. (a) IOW, 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, IOW, pennittee, 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) IOW, for itself, personal representatives, successors in interest, and assigned, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise 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 othprwise be subject to discrimination, (3) that IOW, 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. (d) IOW 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 IOW may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. (a) Commission reserves the right (but shall not be obligated to IOW) to maintain and in repair the landing area of the airport and all publidy-owned facilities of the airport, together with the right to direct and control all activities of IOW in this regard. 5 (f) 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 IOW, 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 IOW from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of 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. n it is understood and agreed that the rights granted by this agreement will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport (i7 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 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 COMMISSION: IOWA CITY AIRPORT COMMISSION By: By: Approved By: • IOWA AERO,,1VC. . _ AZ I IAL-ZIJ lb� )4j(11 M COMMISSION'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this day of 2C , before me, a Notary Public in and for the State of Iowa, appeared and to me personally known, and, who, being by me duly swum, did say that they are the Chair and Secretary, respectively, of the Iowa City Airport Commission and that the instrument was signed and sealed on behalf of the Commission, by authority of Resolution No. passed adopted by the Commission, on the day of 20_, and that and acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the Commission, by It voluntarily executed. Notary Public in and for the State of Iowa IOW S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this day of . 20. before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this Is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State AMENDMENT TO HANGAR LEASE This Amendment to the Hangar Lease is entered into between the Iowa City Airport Commission ("Commission") and IOW Aero, Inc. C 10W ). WHEREAS, the Commission and IOW previously executed a Hangar Lease on October 25, 2001, in which they agreed to a lease term through May 30, 2004; and, WHEREAS, the parties wish to extend the lease term for six months through December 31, 2004; and, WHEREAS, Paragraph 17 of the Hangar Lease provides that the parties may modify it in writing. IT IS THEREFORE AGREED that Paragraph 2 of the Hangar Agreement is deleted in its entirety, and the following new Paragraph 2 is substituted: 2. Term. The term of this lease shall be from December 1, 2001 through December 31, 2004. COMMISSION date Alan Ellis, Secretary . date IOW AFRO, INC. By: A �� Ronald D Approved: City Attorney's Office 3 ate m -•t.ar� City of February 20, 2002 Mr. Ronald Duffe IOW Aero Club, Inc. 1801 S. Riverside Drive Iowa City, LA 52246 Dear Ron: I am writing to clarify my comments at the February 14, 2002 Commission meeting with regard to IOW Aero Club, Inc.'s (hereinafter IOW) two agreements to provide a flying club. A year ago, IOW entered into an agreement with the Commission to provide "a commercial flying club at the Airport as defined in Paragraph V(H)" of the Minimum Standards for the time period from March 15, 2001 through March 14, 2002. Paragraph V(H) of the Minimum Standards in existence when said agreement was executed provided that a "commercial flying club" was an entity that provided services "for its members and others." Therefore, IOW can provide services under said agreement to non-members. As you know, the Commission amended its Minimum Standards at the meeting on February 14. The current Minimum Standards limit the services provided by a "commercial flying club" to members only. Therefore, under the agreement with the Commission that begins March 15, 2002, IOW must limit its services to members only. If you would like to discuss this further, please feel free to contact me at 356-5030. Sincerely, 9 Susan Dulek Assistant City Attorney Copy to: Iowa City Airport Commission Ron ONeil 410 EAST WASHINGTON STREET • IOWA CITY. IOWA 52240-I826 • (319) 356-5000 • FAX (319) 356-5009 AVIATION COACUERCE PARK NAI IOWA REALTY COMMERCIAL Status Report By Tracy K. Overton, 319-354-0989 April, 2003 Executive Summary: Commercial real estate activity in the Iowa City area has been affected by the slowing economy. Brokers, involved with commercial activity are saying first quarter 2003 is one the slowest starts in recent years. All our ACP prospects except one are dragging their feet and I believe are taking a wait and see approach. One prospect has a continued interest in the possible purchase of two lots. I will pursue this prospect and keep you updated as information develops. As I said last month I continue to believe that ACP is well positioned to take advantage of commercial activity as it re-emerges Iowa City. Administrative Issues: New Issues Marketing Issues: Advertising On -going advertising continues for the leasing and/or sale of the ACP. I. ACP sale information has been sent to our offices in Cedar Rapids, Waterloo and Des Moines. 2. Information on the local MLS system has been revised to include sales. 3. Information on the lot sales has been directly sent to each of the local real estate offices. 4. Sale information on ACP has been included on our website (www.iowacommercial.com). 5. We are advertising ACP every two weeks in the Iowa Realty Buyers Guide. 6. Sale information on ACP will be included on ICAD's "Available Land Database". Prospects One prospects has a continued interest on two lots. IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 Memorandum To: Steve Atkins From: Ron O'Neil Date: March 26, 2003 Re: Obstruction mitigation Stanley Engineering has identified all the obstructions and prioritized the list for removal or mitigation. Some obstructions may only need to be lighted instead of removed. A letter to the owners has been drafted and is being reviewed by Sue Dulek. Sue and I are meeting with Mike Donnelly from Stanley on Monday, March 31, to finalize the letter. It will then be sent to all the property owners. Meetings will be scheduled with the owners to discuss the obstructions and what needs to be done to mitigate them. IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 March 14, 2003 Mr. Randy D. Bisgard Senior Vice President Airport Business Solutions 365 Arroyo Drive Roswell, Georgia 30075-1258 Dear Mr. Bisgard: Attached are two copies of an agreement to conduct a strategic business plan for the Iowa City Municipal Airport. Please review the agreement. The Scope of Services is based on your proposal dated October 23, 2002. If you do not have any questions, sign both copies and return them to me for the Commission's signature. A copy will be returned to you with your Notice to Proceed. If you have questions, please contact me at (319) 356-5045 or e-mail at ron-oneilCa2iowa- c' .o Sincerely, .0, o Ronald J. O'Neil Airport Manager Cc: Airport Commission Sue Dulek, Assistant City Attorney IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 Memorandum To: City Council From: Alan Ellis, Commission Chairperson N Date: March 17, 2003 Re: Airport Strategic Business Plan The Commission has written the agreement and Scope of Services for Airport Business Solutions to assist the Commission with a Strategic Business Plan for the Airport. The agreement has been reviewed by the Ron O'Neil and Sue pulek and forwarded to ABS for their signature. A copy of the agreement and Scope of Services is attached for your information. The cost of the project is $15,000, plus travel and other project costs. ABS will visit Iowa City at least twice, the first to initiate the project and the second time to present the results to the Council and the Commission. Project costs, in addition to the $15,000, will be approbmately 20% of the base sum. Anything more than 20% will require pre - approval by the Commission. As soon as the Commission receives a signed agreement, a Notice to Proceed and the initial $5,000 will be sent to ABS. Within 90 days of the Notice to Proceed, ABS will present a draft Strategic Business Plan for Commission review and public comment. ° Depending on the number of public meetings scheduled to gather information and solicit public comments, additional funding may be required for a facilitator. This will be determined after the first meeting with ABS. If you have any questions, please contact me at 338-1051 or the Airport Manager at 356-5045. Cu. Airport Commission Steve Atkins, City Manager Ron O'Neil, Airport Manager Sue Dulek, Assistant City Attorney IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 April 1, 2003 Mr. Michael Hodges President, CEO Airport Business Solutions 365 Arroyo Drive Roswell, Georgia 30075-1258 Dear Mr. Hodges: Enclosed is a signed copy of the business agreement, and the initial payment of $ 5000.00. This is your Notice to Proceed. The Commission will be contacting you soon to schedule the initial informational meeting sometime in April. The goal is to have the draft report available by July 7 so it can be reviewed and discussed at the July. Commission meeting. If you have questions, please contact me at (319) 356-5045 or e-mail at ron-oneil(a.iowa- ci .o Sincerely, Q�� � . 6 Ronald J. O'Neil Airport Manager Cc: Airport Commission Sue Dulek, Assistant City Attorney Section IV CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this c 0 y day of Yy 1QX6k1 , rQ DD J , in Iowa City, Iowa, by and between the Iowa City Airport Commission, of Iowa City Iowa, hereinafter referred to as the "Commission", and Airport Business Solutions, of Roswell, Georgia, hereinafter referred to as "ABS". WHEREAS, the Commission and City Council have agreed that lt is in the best interest of the Iowa City Airport to develop a business and strategy plan for the Airport, and; WHEREAS, the Commission has researched consultants and has selected ABS as the most qualified consultant to provide the required technical assistance, and; WHEREAS, in consideration of the terms and conditions listed in this agreement, the Commission has agreed to employ ABS to develop a business and strategy plan for the Iowa City Airport. NOW THEREFORE, it is agreed by and between the parties hereto that the Commission does now contract with ABS to provide services as set forth herein. SCOPE OF SERVICES The goals of the Commission are to work towards-aself—sufficient airport, enhance management practices and improve marketing and promotion of the airport to the community. ABS agrees to provide a plan to work toward those goals, and to do so in a timely and satisfactory manner. The Scope of Services for a plan is described in Attachment A — Scope of Services and is hereby incorporated into this agreement. II. TIME OF COMPLETION ABS shall complete the following phases of the Project in accordance with the schedule shown. A. Within 90 days from the Notice to Proceed, a draft Airport Strategic Business Plan, based on Tasks 1 through 5 in Attachment A of this agreement, will be presented to the Commission for review and public comment. The plan will, at a minimum, address the items outlined in Task 1 through Task 5. B. Within 30 days of receipt of the final comments from the Commission, ABS will provide 10 copies of the final Airport Strategic Business Plan to the Commission. Ill. GENERALTERMS A. ABS shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. _ 2 _ Section IV 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the Commission terminate this Agreement, ABS shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The Commission may terminate this Agreement upon seven (7) calendar days' written notice to ABS. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of ABS by the Commission for the purpose of the Project shall be as an independent contractor and shall be exclusive, but ABS shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the Commission that all Commission records and files pertaining to information needed by ABS for the project shall be available by said Commission upon reasonable request to ABS. The Commission agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the Commission, ABS shall attend meetings of the Commission relative to the work set forth in this Agreement. Any requests made by the Commission shall be given with reasonable notice to ABS to assure attendance. H. ABS agrees to furnish, upon termination of this Agreement and upon demand by the Commission, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by ABS pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, ABS shall not be liable for the Commission's use of such documents on other projects. The Commission agrees to tender ABS all fees in a timely manner, excepting, however, that failure of ABS to satisfactorily perform in accordance with this Agreement shall consfdute grounds for the Commission to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. J. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. K. Original contract drawings shall become the property of the Commission. ABS shall be allowed to keep mylar reproducible copies for ABS's own filing use. L Upon signing this agreement, ABS acknowledged that Section 362.5 of the Iowa Code prohibits a Commission member from having an interest in a -3- Section IV contract with the Commission, and certifies that no member of the Commission, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. M. ABS agrees at all times material to this Agreement to have and maintain professional liability insurance covering ABS's liability for ABS's negligent acts, errors and omissions to the Commission in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES Based on the Scope of Services defined in this agreement, the Commission agrees to pay ABS a not -to -exceed total of $15,000.00 (defined as "lump sum" amount), exclusive of travel and project -related expenses. Project -related expenses include, but are not limited to, telephone and fax charges, shipping/postage, travel/meals, meeting facilities, materials, and document preparation. Pro4ppre-appro el related expenses will be reimbursed based on receipts and shall not excee 0% of the lump sum. Expenses in excess of 20% of the lump sum must be y theCommission. The project will include two visits, the first to initiate the project and the second to present the plan to the Airport Commission and City Council. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the laws of the State of Iowa. C. It is further agreed that there are no other considerations or fees contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other fees or considerations have been solicited. FORT OMMI SM By: �1 / Title:(�ih �2/�/'c� ti�Rnunrt Comw.iSSf.M Date: r p23a W0 3 ATTEST: FOR ABS IS �3 Approved by: Commission Attorney's Office 3- as-o3 Date PwV=SXc wgMtf= ATTACHMENT A — SCOPE OF SERVICES STRATEGIC BUSINESS PLAN IOWA CITY MUNICIPAL AIRPORT, Project overview Research/Statistical Analysis ABS will provide reasonable activity projections based on research from national local and state aeronautical trends. In addition to reviewing information from pertinent state and national aviation organizations, Airport Business Solutions (ABS) will review information from, but not limited to the following: a. Historical based and itinerant aircraft information b. FAA form 5010 Master Record C. Airport Minimum Standards d. Aviation community e. Fixed Base Operator f. Historical fuel sales data g. Five to ten year flight operations reports h. Facility inventory * I. Property inventory j. Airport equipment k. Airport assets I. Property leasing trends M. Comparison to regional and national statistics n. Review of airport operational history o. Evaluation of current rent structure P. Analysis of all existing leases q. Ten year economic analysis(revenues and expenses) r. Examination of current Master Plan S. General aviation flight activity t. New pilot licenses issued U. Aircraft registrations V. Local demographics W. Financial modeling X. Community profiling Y. Industrial development trends and activities Z. Commission responsibility as authorized under the Iowa Code * Information available through the Airport Manager Tasks The following tasks will be performed by ABS — Task 1 - Plan goals ABS will determine a set of goals for the airport based on immediate and five-year priorities. Criteria used to determine goals will be base on: a. Financial capabilities b. Services C. Infrastructure d. Federal grants as part of the Master Plan e. Training f. Community involvement g. Flight activity h. Commercial development i. Economic development j. Interviews with, but not limited the following: the Airport Commission, Iowa City Council members, the Chamber of Commerce, the City of Coralville, the Iowa City Planning Department, Iowa City Area Development (ICAD), and the Iowa City-Coralville Convention and Visitors Bureau Task 2 - Plan implementation ABS will prepare a well-defined implementation plan as part of the five-year plan. The plan will include: a. Implementation schedule b. Milestones/benchmarks C. Flexibility d. Scheduled review e. Need for workshops f. Community involvement g. Options and alternatives h. Commercial development I. Economic development Task 3 - Identify best management practices for the airport ABS will analyze the airport's strengths and weaknesses, identify and comment on the strengths and weaknesses and advise appropriate techniques to maximize the strengths and minimize the weaknesses. ABS will review the capital improvement plan, through information including but not limited to: a. Policy documents' b. Leases and or operating/use agreements ` C. Capital improvement plans d. Operating procedures ` e. Pertinent past experiences' f. Staffing history g. Operational activity trends ` h. Five to ten year budget analysis ` I. Legal issues j. Staff • Information available through the Airport Manager In addition, ABS will identify and develop the various types of management documents that may need to be developed or updated for efficient airport operations. ABS will provide assistance in developing or updating selected operation documents. Analysis will help identify deficiencies in the following areas: a. Leasing policy b. Standard lease language C. Rates and charges policy d. Minimum standards e. Rules and regulations f. Communications policy g. Media response policy h. Request for proposal language Task 4 — Financial analysis ABS will provide financial projections for a five-year planning period. The analysis will include: a. Benchmarks for projected financial milestones b. Key financial indicators C. A break-even analysis d. Projected profit and loss e. Cost recovery detail f. Cost/benefit analysis g. Projected annual cash flows Task 5 - Market plan ABS will provide a complete market analysis and provide a series of marketing strategies to maximize airport revenues. The strategies will include price structures, promotional actions, marketing programs, sales forecasts and public relations strategies. Marketing recommendations may include: a. Airport open houses b. Media plan C. Hosting charitable events d. Fly -ins e. Community relations f. Young Eagle program g. EAA events h. Static air shows i. Airport tours i. Commercial property marketing k. Commission/FBO promotions Deliverables In addition to the on -site meeting to initiate the project, ABS will meet with the Airport and City Council to present the final Strategic Business Plan. Ten (10) copies of the final report and one electronic version (MS Word or Word Perfect) will be delivered to the Commission upon completion of the project and final payment. HANGAR LEASE This HANGAR LEASE ("Lease') entered into by and between the Iowa City Airport Commission ("Commission") and Great Plains Aero, Inc. 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 # 33 (the "Hangar Space') located at the Iowa City Municipal Airport (the "Airport") and described as follows: Building G, corporate hangar with a 48' bifold door. The Hangar Space shall be used and occupied by Tenant principally for the storage or construction of the following aircraft: Aircraft Make & Model Pi of-o 84 3 g Ailoon.6y of 20 E S-�o'rn Aircraft Registration Number AJOf.91 Y d- 3�/LbX Au 6Z, 43'7 5 Aircraft Registered Owner Name &x.¢a Registered Owner Home and Business Telephone Numbers i enam snan prompuy notny ine commission in wring or any onange m the imonnatlon 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. 2. Term. The tens of this Lease shall commence on March 1, 2003, and shall end on the last day of the month of February, 2006. Tenant agrees to notify the Commission 45-days prior to the expiration of the existing term if the Tenant does not intend to. negotiate another term. In the event Tenant shall continue to occupy the Hangar Space beyond the term of this Lease without executing a Lease for another tens, 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 $358.00 per month, payable in advance on the first day of each month. A 1.5% late fee (which is $5.37 per day) for rent not received by the Commission will be charged after the fifteenth (15) day of each month. 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. In the event that the tenant renews the lease, the deposit will be held for the next lease tarn. If the tenant does not continue on with a renewed lease, the Commission shall return the deposit to the Tenant, less any amounts due the Commission for rent and damages to the Hangar Space. 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. b. Tenant may park his/her car in the Hangar Space during such time that Tenant is using the Aircraft. C. This provision is not to be construed as a prohibition for storage of maintenance materials, cleaning materials, tools, parts, spares, and other aircraft components. 2 d. No commercial activity of any kind shall be conducted by Tenant in, from or around the Hangar Space. e. No maintenance 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. f. 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. g. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply with all applicable ordinances, rules, and regulations established by "federal, state or local government agency. C-o•V % It. h. Tenant shall dispose of used oil only in approved receptacles. d I. 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 Airxaft 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. 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 dear 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 thesele-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. Extinguisher must be mounted and be rated at least 2A 40BC. 3 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. 7. 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 Tenants 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. 8. Sublease/Assignment. Tenant shall not sublease the Hangar Space or assign this Lease without the,prior written approval of the Commission. 9. 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. 10. - Alterations. Tenant shall not install any fixtures or make any aiterations, 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, plumbing, light fixtures, luminaries, and any Rem permanently attached to the wall, floor, or ceiling of the Hangar Space by means of concrete, plaster, glue, nails, bolts, or screws. 11. Hazardous Materials. a. No "hazardous substance," as defined in Iowa Code section 455B.411 (2001), may be stored, located, or contained in the Hangar Space without the Commission prior written approval and proper storage containers. b. Tenant shall handle, use, store and dispose of fuel petroleum products, and all 4 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 . 12. Special Events. During special events at the Airport, 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. 13. 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 and regulations 30-days prior to their effective date. 14. 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 wants to change the lock to the Hangar Space, he or she shall provide written notice to the Airport Manager before he or she does so and shall provide a key to the Manager within twenty-four hours of changing the lock. 15. 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. 16. Casualty. 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. 17. Indemnity. Tenant agrees to release, indemnify and hold the Commission, its officers and 5 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. 18. 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. 19. 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 26. Event of Default. This lease shall be breached it (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 continuance of such default, the Commission may take any of the following actions and shall have the following rights against Tenant: a. Termination. Commission may elect to terminate 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 lf such date were the date herein 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 therof shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, reposssession 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 Commisison the rent and other sums and charges required to be paid by Tenant for the period to and including the end of the Tenn. 21. 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. 22. 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. 23. 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 sa 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. 24. 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, pernittee, etc.) shall maintain and operate such fac ities 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 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 putsuant 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 maintenano, 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 7 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 j p - reasonable and nondiscriminatory 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 interference 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. I. 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 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. 25. 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. 26. 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 Airport Manager or 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. If to the Commission, addressed to: Iowa City Airport Commission Attn: Airport Manager Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 If to Tenant, addressed to: Great Plains Aero 521 Whiting Avenue Iowa City, Iowa. 52245 27. Airport Manager. The Airport Manager is the person designated by the Commission to manage the Hangar Space and to receive and deliver all notices and demands upon the Commission, to receive keys to the Hangar Space as provided in Paragraph 14, and to perform inspections as provided in Paragraph 14. 28. Integration. 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. 29. 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. 30. 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. 31. 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 CI RPORT C MMISSION By: Title: Commission Chairperson Approved: City Attorney's Office Date: 2—;291 -D:i Iowa Code 1999SUPPLEWNT: Section 455B.411 Pagel of 3 455BAll Definitions. As used in this part 5, unless the context otherwise requires: 1. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of a hazardous waste or hazardous substance into or on land or water so that the hazardous waste or hazardous substance or a constituent of the hazardous waste or hazardous substance may enter the environment or be emitted into the air or discharged into any waters, including ground waters. 2. "Hazardous substance" means a hazardous substance as defined in 42 U.S.C. § 9601 of the federal Comprehensive Environmental Response, Compensation, and Liability Act and any element, compound, mixture, solution, or substance designated pursuant to 40 C.F.R. § 302.4. 3. a. 'Hazardous waste "means a waste or combination of wastes that, because of its quantity, concentration, biological degradation, leaching from precipitation, or physical, chemical, or infectious characteristics, has either of the following effects: (1) Causes, or significantly contributes to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. (2) Poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed "Hazardous waste" may include but is not limited to wastes that are toxic, corrosive or flammable or irritants, strong sensitizer or explosives. b. "Hazardous waste" does not include: (1) Agricultural wastes, including manures and crop residues that are returned to the soil as fertilizers or soil conditioners. (2) Source, special nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to January 1, 1979. 4. "Hazardous waste or hazardous substance disposal site" means real property which has been used for the disposal of hazardous waste or hazardous substances either illegally or prior to regulation as a hazardous waste or a hazardous substance under this part and any adjoining real property and groundwater affected by the disposal activities. 5. "Lubricating oil" means the fraction of crude oil or re -refined oil which is sold for purposes of reducing friction in an industrial or mechanical device. 6. 'Manifest" means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage. 7. "Recycled oil" means used oil which is reused, following its original use, for any purpose, including the purpose for which the oil was originally used. Recycled oil includes oil which is refined, reclaimed, burned, or reprocessed. 8. 'Re -refined oil" means used oil from which the physical and chemical contaminants acquired through http://www.legis.state.ia.us/IACODE/1999SUPPLENffiNT/455B/41 I.hImI 3/4/2003 Iowa Code 1999SUPPLENffiNT: Section 455B.411 Page 2 of 3 previous use have been removed through a refining process. 9. "Storage" means the containment of a hazardous waste, either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the hazardous waste. 10. 'Treatment" means a method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous waste so as to neutralize the waste or to render the waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or to reduce the waste in volume. Treatment includes any activity or processing designed to change the physical form or chemical composition of hazardous waste to render the waste nonhazardous. 11. "Used oil" means oil which has been refined from crude oil, has then been used, and as a result of the use, is contaminated by physical or chemical impurities. Section History: Early form [C81, § 455B.130; 81 Acts, ch 151, § 1] Section History: Recent form C83, § 45513.411 84 Acts, ch 1108, § 8; 84 Acts, ch 1157, § 1; 84 Acts, ch 1158, § 2; 86 Acts, ch 1025, § 2, 3; 91 Acts, ( ch 155, § 2 Internal References Referred to in § 124C.1, 455B.191, 455B.301, 455B.304, 455B.381, 455B.412-455B.420, 455B.442, 455B.461, 455B.482, 455F.1, 558.69, 716B.1 Previous Section 455B.400 Next Section 45513.412 ui r 0 2000 Cornell College and League of Women Voters of Iowa http://www.legis.state.ia.us/IACODE/1999SUPPLEMENT/455B/411.html 3/4/2003 ff*1�1( '-"k . f a Tuesday,: . . 'March 11; 3 www.gazetteiDnIlne.com b c At'. 1:1 0.�;N.. A- L R -E S. new ax, rate COW- considers dgetcalls� for higherjpy-6 Center. r proposed y� General fund expenditures:will total an estio Iroposed Iowa Cit Fiaipoi.s4l. million next fisczl'year, y4 Percent General fundexondItures for fiscal 2004 - few.Wending improvementsmated over' this fiscal year., lillon) Percent of budget By,Tirank Gluck' The Gazette IOWA CrIt - The municipal budget the City Council is to adopt tonight, calls for whigher' property, tax levy, but little or nd - increase .in ' spending 'for community, progrpris: arld'ity. services. The . $1321 million' spending plan( for', fiscal 2004 would cost the owner 'of -a. $100000 home W.34, in city taxes, up. from $101:71 this'.yeat. Butcity residents can look f6r a, 5 percentdecrease, in, water. rates and, so'far, no. iiiai ase ,in parking or r6creaOonal,fees.. ,Me critical issue (the council is addressing tonight) .4. setting the' tax rate," said. 1OWin City 'budget planners have had`to contend with bad news .on -several 4rrts:*thls �`year .' Aside from' I a poor . economy, the i costof', employee health izisuranceds projected to n'se' 15' Pamrt nextjisca year, down­kcn.. 1 yea? a astronomical.40.6 percent increasi:. but doublt-., digit groWffi'nevertheless... The state also has made, city.empipypoes more expensive, by . reop iiring,* a- $400 000 Increase . in .city funding f6t; police epol firefighters' pensions: MostI significantly, ..the state I property tax. rollbackcontinues to decline,'a worrying trend for the city, wbicli relieg heavily on proOperty tax receipts. . Next Year, the' .1jD]Jb=k 'xata .,will - be '51.3 percent, down,' firom. 51.0'pgr6ent. this year: Police protection . . = 1.9% - Parks & recreation -14% f1i7eP_ro_teZo_TY', Library Transit 10% Finance -department 7% streets maintenance u AdmInIstration - TrafficangIneerIng. 3% Housing and building Inspection M 3% 3" i ub c works and enalheerin Public, s 1 "c 1 11 W' 314 on-U9mtional administration Non- r, I admlnlrtration N 0 davelo ment Planning and corhmbnl!y develo ment community M 91 3% 3 2% 68 S t Senior center 2% IIIIIIIIIIr 2% Animal care and adoptfoOn. a 1% 1% Malley, city:finafice,director. The coundA Is to. source: City qf. Iowa* City IV E Turn to 5B: Bul dg at , Gazette graphic meet' at 7 * pm. at Harvat: Hall in the Civic et Reliance on property taxed remains high 0 From page.;LB Though only a § iight, decline, tinues to. decline," Atkins stat- the rate is about .17 percentage ed in his budget -report to the points lower than it was 10 council. years ago, city officials note.. Residential property -taxes ac- Construction activity. in the CoUJJtL for about half of the city remains strong'but- proper- city'g revenue. . . ty tax revenue wffi have In-** Other budget. highlights in-,' creased only 2 percent'by the dude: end of this fiscal year, said City. 9 City funding for SEATS Manager Sleeve Addrus. • will increase $112,Q00 next,flis- "The circumstances continue 61 Year, to tq6l up to -$687;000.. to point out the problenn of our , e 'Community development. reliance"on our property tax , block grants and from the fed- base*and that regardlesi of our eral government will decline by growth in values, new con- 13.1 percent next year bemuse ty rate, brbigliw the. total down also projects a $528,000, revenue to $826;000. - I - . shortfall,which is expected to. e 'Subsidies to ' the Iowa City -be nuade.up by. employee � attri- Municipal Airport will. increase tion-andgmail cuts throu gho by about $15, to an estimat- .,the.. budget* during the 'fisil 6d$10,000. year. . Even with budget passage, The, budget represents a pro- which the state requires by jection and *is subject. to.chang. Saturday, the city still needs to es, especially if the state de - fill,, in. a number of funding 61des; to change 'tax law, blanks. O'Malley said. '"These aren't The council must allocate hard and fast numbers, but $465,510 in Human Services Aid they're the best estimates 'we to Agencies and'$45,000 to indi- have," he, said. vidual community. orkaniza- Iowa Department of Transportation _ Office of Aviation 515-233-1468 800 Lincoln Way, Ames, IA 50010 Fax: dot.st 3 7983 .ia.0 e-mail:,michael marr(a�dotstate.ia.us www.iawines.com February 14, 2003 I II�M Ron ONeil Manager Iowa City Municipal Arpt 1801 S. Riverside Iowa City, IA 52246 Dear Ron: FEB 19 2003 As some of you know, the current waiting period for the approval of an instrument approach is approximately two years. In an effort to accelerate this approval process, the DOT will be operating as a conduit for the FAA. As the FAA conduit for instrument approaches, we are requesting all approach requests are sent to our office. We will review the requests and work with the FAA to expedite the process for Iowa airports. As requests are sent in, priority will be given to those airports that do not have existing approaches or to those areas that are in high demand. Forms for Instrument Approach Procedures (IAP) may be obtained at the FAA website at: viw,,v2.faa.gov/Lrp/ace/aili/ail)-960.cfin. These forms are to be completed by the consultant or the airport sponsor and sent to: Federal Aviation Administration ATTN: Mr. Chuck Hawkins and 901 Locust Avenue Kansas City, Missouri 64106 Iowa Department of Transportation ATTN: Mike Marr Office of Aviation 800 Lincoln Way Ames, Iowa 50010 If you have any questions or need any additional information, please contact me at 515- 239-1468 or email me at michae] marr(&dot.state.ia.us. Sincerely, Atz Michael Marr Airport Inspector Ron O'Neil From: Ron O'Neil Sent: Thursday, March 27, 2003 12:14 PM To: 'michael.marr@dotstate.ia.us' Subject: approaches In your letter dated February 14, 2003, you indicated all requests for approaches were to go through your office. How far in advance should I request a precision approach for Runway 25? The Commission would like to get a precision approach to Runway 25 but Todd Madison will not approve a 50:1 approach for the runway until the Commission eliminates the numerous obstructions for that approach. The ALP now being reviewed has a 34:1 approach for RW 25. Would it be beneficial to have a request on file before an approach could be sighted? As you are aware, Iowa City is working on an obstruction mitigation project to hopefully clear the way for a precision approach. Is it still a requirement to have a full taxiway before an approach can be commissioned? If having a request on file will expedite implementation of an approach, let me know and I will send you the request information. There is also the question of funding a precision approach. Is there funding available for an ILS? If not, but Iowa City could raise funds for the initial installation, is there some assurance that the FAA would provide the maintenance? I have been told that is what Ankeny has done. Ron O'Neil From: Michael.Marr@DOT.STATE.IA.US Sent: Monday, March 31, 2003 9:51 AM To: Ron O'Neil Subject: Re: approaches Ron, I would wait on sending in the request. Basically the process of requesting the approaches will remain the same, it will simply have the extra step so we can get some sort of idea as to what requests are being sent in to the FAA. I will just add a note to your file and as we get closer with the obstruction removal we can start working on getting the precision approach. I will do some checking on your other questions and get back to you with some answers as soon as possible. Mike 1 PleaseType orPmd cn This Roan r-orrnpzq roves umo no. z,c� x Failure To Provide All Requested Information May Delay Processing of Your Notice . U.&DePMkM*c'T Notice of Proposed Construction or Alteration Federal Aviation Adminlshaflon FOR FAA USE ONLY AemnuNed SUW Nunaxer - -OE 1. Spores" (person, compaW, etc proposing tMs action) Attn. of Name: 9. latitude: e n 10. Longibtde: e 11. Datum: ❑ HAD 83 ❑ NAD 27 ❑ Other 12. Nearest Cdy. State. . Nearest Public -use (not pdvete-use) or Military Airport or Heliport Address: Cigl: State: ZIF Telephone: Fax 2. Spors ea Representative (d otharlhan if) : Alto. at Nam: 14. Distance from #13. to Structure: 16. Direction from i13. to Stmcture: 16. Site Elevation (AMSy: 17. Total Structure Height (AGy: tt 1& Overall height (i16. +i17.) (AMSy: ft 19. Previous FAA Aeronautical Study Number (if applicable): -OE Address: City Sfata: $: Telephone: Fax & Notice of. ❑ New Construction ❑ Alteration ❑ Existing 4. Duration: ❑ Pemnonent ❑ Temporary ( months, days) & Wok Schedule: Beginning End & Typo: ❑ Antenna Tower ❑ Crane ❑ Building ❑ Power Line ❑ Landfill ❑Water Tank ❑ Other T. tMukinglPalydingandl"Lighting Preferred: ❑ Red Ughls and Perot ❑ Dual - Red and Medium Intensity While ❑ White - Medtun Intensity ❑ Dual - Red and High Intensity White ❑ White - High Intensity ❑ Qther & FCC Antenna Structure Registration Number (deppff=W): 20. Description of Location: UWach a USGS 7.5 minute Quadrangle Map with the precise site marked and any certified survey.) . 21. Complote Description of Proposal: Frequency/Power (kW) Notice is required by 14 Code of Federal Regulations, pad 77 pursuard to 49 U.S.C., Section 44718. persons who knowingly and willingly violate the ncfio^ irements of Pad 77 are sublect to a dwl penalty of $1 000 EM day until the notice its receivedpursuant to 49 U.S.C. section 46301 (a). 1 hereby cet" that all of the above statements manta by me am true, complete, and correct to the best of my knowledge. in addition, I agree to, mark andro light the structure in accordance with established marking and lighting standards as necessary. Data Typed or Printed name and TO of person Filing Notioe Signature FAA Form 7460-1 r11-eat r,nwv nk,.a P,eNnw Fdit m Flnlouw: Vaskm W-0001 o vACFa7a Ns". 00674"19-0nos INSTRUCnONS.FOR COMPLETING FAA FORM 7460-1 PLEASE 77PE or PRRVT ITEM #L Please include the name, address, and phone number of a personal contact point as well as the company name. '7EM (M Please include the name, address, and phone number of a personal contact point as well as the company name. _BEM #3. New Construction would be a structure that has not yet been built Alteration is a change to an existing structure such as the addition of a side mounted antenna, a change to the marking and lighting, a change to power and/or frequency, or a change to the height The nature of the alternation shall be included in ITEM #21 "Complete Description of Proposal". Existing would be a correction to the latitude and/or longitude, a correction to the height, or if Sling on an existing structure which has now been studied by the FAA. The reason for the notice shall be included in rM4 921 "Complete Description of proposal". ITEM #4. If Permanent, so indicate. If Temporary, such as a crane or drilling derrick, enter the estimated length oftime the temporary structure wh71 be up. ITEM #5. Enter the date that construction is expected to start and the date that construction should be completed. ITEM #6. Please indicate the type of structure . DO NOT LEAVE BLANK. ITEM #7. In the event that obstruction marking and lighting is requited, please? indicate type desired. If no preference, check "other' and indicate "no preference'. DO NOT LEAVE BLANK. NOTE: high intensity lighting shall be used only for structures over 500'AGL. In the absence of high intensity lighting for structures over 500' AGL, marking is also required. ITEM #8. Ifthis is an existing tower that has been registered with the FCC, enter the FCC Antenna Structure Registration number here. ITEM #9. and #10. Latitude and longitude must be geographic coordinates, accurate to within the nearest second or to the nearest hundredth of a second if known. Latitude and longitude derived solely from a hand-held GPS instrument is NOT acceptable. A hand-held GPS is only accurate to within 100 meters (328 feet) 95 per cent of the time. This data, when plotted, should match the site depiction submitted under LTEM #20. ITEM #I1. NAD 83 is preferred; however, latitudellonghude may be submitted in NAD 27. Also, in some geographic areas where NAD 27 and NAD 83 are not available other datums may be used. It is important to know which datum is used. DO NOT LEAVE BLANK. ITEM #12. Enter the name ofthe nearest city/state to the site. If the structure is or willbe in acity, enter the name of that city/state- ITEM #13. Enter the full name of the nearest public-= (not private -use) airport (or heliport) or military airport (or heliport) to the site. ITEM #14. Enter the distance from the airport or heliport listed in #13 to the structure. AM #15. Enter the direction from the airport or heliport listed in #13 to the structure. STEM MC Enter the site elevation above mean sea level and expressed in whole Sat rounded to the nearest foot (e.g. IT 3" rounds to 1T, 17V rounds to 18�. This data should match the ground contour elevations for site depiction submitted under ITEM #20. ITEM 017. Enter the total structure height above ground level in whole Sect rounded to the next highest foot (e g.17'3" rounds to 18). The total structure height shall include anything mounted on top of the structure, such as sntennas, obstruction lights, lightning rods etc. ITEM M Eater the overall height above mean sea level and expressed in whole feet Ibis wr71 be the total of ITEM #16+rrEM #17. ITEM 019. If an FAA aeronautical study was previously conducted, enter the previous study number. ITEM 420. Enter the relationship of the structure to roads, airports, prominent terrain, existing structures, etc. Attach an 8-lt2- X 11" Roar reduced copy of the appropriate 7.5 urinate U.S. Geological Survey (USGS) Quadrangle Map MARKED WITH A PRECISE INDICATION OF THE SHE LOCATION. To obtain maps, Contact USGC at 1-M 435-7627 or via Internet at "http:pmsppm&uags govn. Havailable, attach a copy of a documented site survey with the surveyor's certification stating the amount of vertical and horizontal accuracy in feet ITEM #21. • For hansmittmg stations, include maximum effective radiated power (ERP) and all frequencies. • For antennas, include the type of antenna and center of radiation (Attach the antenna pattern, if available). • For microwave, include azimuth relative to true north. • For overhead wires or transmission lines, include size and configuration of wires and their supporting structures (Attach depiction). • For each pole/support, include coordinates, site elevation, and structure height above ground level or water. • For buildings, include site orientation, coordinates of each corner, dimensions, and construction materials, • For alterations, explain the alteration thoroughly, • For existing structures, thoroughly explain the reason for notifying the FAA (e.g. corrections, no record ofprovious study, etc.). Filing this information with the FAA does not relieve the sponsor of this construction or altemton from complying with any other federal --te or local rules or regulations. If you are not sure what other rules or regulations apply to your proposal, .duct locallstate aviation and zoning authorities. Paperwork Redaction Work Act Statement: ibis Wormation is collected to evslare the effect of proposed construction or atta>bon on art navigation and is not confidential ]hudd'mg this iffibraUdIDEL is meodetoaY for mYene FOPOSiOg oonsir"On or alteration that meets or exceeds Poe eritaia contained in 14 CFR, put 77. We admate that the bmdm of dds collection is ea average 19 minuses per response. An agency may not eondmt or sponsor, and a person is not agaired to respond to a collection of h fmmxdm unless R displays a emnca* valid OMB coarol number.'ie OMB coonol amber for this collation is 2120-Mir. City of Iowa City MEMORANDUM TO: Airport Commission FROM: Susan Dulek, Assistant City Attomeyl DATE: March 5, 2003 RE: Open Meeting, Open Records, and Commission Meetings Given that the Commission has a new member as of March 1 and will elect a new chair at its March 13 meeting, I believe that it is an opportune time for me to discuss some matters related to open meetings, open records, and Commission meetings. Some of this may be simply a reminder. 1. Open Meetings and emails. Email communications between Commission members raise issues under Iowa's open meetings law. As a result, I advise against using e-mail to communicate with each other in any manner whereby a majority of you are discussing an item at the same time. To determine whether a violation of the open meetings law has occurred, any such occurrence would have to be examined on its own facts. However, due to the instantaneous nature of e-mail communication, use of e-mail to communicate among yourselves is problematic, and I discourage it. 2. Open Records and emails. All electronic and written communication, with limited exception, to you and from you is an "open record." Consequently, any person for any reason may request copies of this communication. Doing work on your personal computer or you work computer does not make it "private" or "confidential" or shield it from an open records request. For example, a reporter, or anyone, could request copies of all communication having to do with the strategic plan and copies would need to be provided. As a result, you may want to consider implementing a personal records retention policy such as deleting any Commission related mattersafter 30 days. Commission members' replies to e-mails should advise the senders that their e-mail' communications and the Commissioners' responses may be public information. 3. Discussion of Items Not on the Agenda. Occasionally a member of the public will address the Commission at this time on the agenda. This is the time to listen to that person. A Commissioner may engage in a dialogue with that person, but it should not spill over to the point that it becomes a discussion among the Commissioners. Also, although it is not the time to deliberate on the matter brought to you by that person, the chair may take an informal poll of the Commission to see .if it should be an item on the next agenda. 4. "Commission" Time. By this, I mean the time when the Commissioners give their reports at the end of the agenda. It is a time to apprise others of an event or a concern; it is not a time to deliberate or decide. The matter itself is not on the agenda. It is appropriate to poll the Commission informally to determine whether an item should be on the agenda at the next month. If you have questions about this memo or if you would like to discuss any of this further, please do not hesitate to telephone me at 356-5030. Copy to: Ron O'Neil. IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356.5045 April 1, 2003 Mr. Don Hughes Air Traffic Manager Cedar Rapids Municipal Airport 2525 Wright Bros. Blvd. SW Cedar Rapids, Iowa 52404 Dear Don: I am requesting a temporary FAA control tower for August 24, 2003, from 7:00 a.m. to 1:00 P.M. at the Iowa City Municipal Airport. We have a fly -in breakfast on that date and the airspace can get quite congested. Last year, the SERTOMA Club served breakfast to about 2100 people, with approximately 75 aircraft that flew in. In addition to the transient aircraft, the fared base operator gives rides and the Young Eagles usually sponsor an event. This leads to a high number of aircraft operations. We have had a tower for this event in the past and everyone involved agrees that a tower is needed and much appreciated. Thank you for your consideration of this request. If you require additional information, please contact me at (319) 356-5045 or e-mail at ron-oneil@iowa-city.org Sincerely, Ronald J. O'Neil Airport Manager Cc: Airport Commission IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 Memorandum To: Airport Commission From: Ron O'Neil .� . Date: April 1, 2003 Re: Out -of -the -office The end of FY 2003 budget year is June 20, 2003. 1 have 16.5 days of vacation and personal leave to use or lose before that date. Because I usually can not plan to be away from the Airport during the winter months, I typically have several vacation days to use in the spring and summer. I anticipate being gone on the following dates: April 25 vacation May 22 — May 23 vacation May 26 Memorial Day May 27 — May 30 vacation June 2 — June 4 FAA Central Region Conference June 16 —June 20 vacation This will leave 4.5 days to schedule somewhere between now and June 20. IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 Memorandum To: Airport Commission From: Ron O'Neil Date: April 1, 2003 Re: Filing NOTAMs 1. Only file a Notice to Airmen (NOTAM) if you can not contact the Airport Manager or the Airport Maintenance Worker. 2. The following steps should be used to file a NOTAM: a. Contact the Flight Service Station at (800) 458-4459 b. Identify what airport you represent and who you are C. Explain what reason you have for filing a NOTAM. Just use plain English. The FSS technician will format the NOTAM to fit the proper criteria. d. Document the time you filed the NOTAM and who you spoke to. The technicians should give you their initials. If not, ask them for identification. e. After the NOTAM is filed, leave a message at the Airport so the Airport Manager will know that a NOTAM has been filed. 3. The names of the Commissioners are on file with the FSS. IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 April 1, 2003 Ms Diane Wiedmeier Fort Dodge Flight Service Station 1639 Nelson Avenue, Suite 1 Fort Dodge, Iowa 50501-8517 Dear Ms. Wiedmeier. The following is a current fist of the personnel authorized to file NOTAM s for the Iowa City Municipal Airport: 1. Ron O'Neil Airport Manager 2. Michelle Robnett Airport Commissioner 3. Rick Mascad Airport Commissioner 4. Baron Thrower Airport Commissioner 5. Alan Ellis Airport Commissioner 6. Randy Hartwig Airport Commissioner 7. John Bullers Technician (NDB) 8. Gerry Kaefring Airport Maintenance If you require additional information, please contact the Iowa City Municipal Airport at (319) 356- 5045. Sincerely, �� � Ronald J. UNeill Airport Manager