HomeMy WebLinkAbout02-18-2016 Airport CommissionIOWA CITY AIRPORT COMMISSION
MEETING AGENDA
AIRPORT TERMINAL BUILDING
1801 S. RIVERSIDE DRIVE
IOWA CITY, IOWA
THURSDAY, FEBRUARY 18, 2016 - 6:00 P.M.
1. Determine Quorum
2. Approval of Minutes from the following meetings: 2 min*
January 21, 2016; February 2, 2016
3. Public Discussion - Items not on the agenda 5 min
4. Items for Discussion / Action:
a. Gilbert Street Leased Area (Larry Bell)
10 min
b. Airport Master Plan
15 min
c. Terry Edmonds Ground Lease
i. Consider a resolution setting a public hearing for a 30-year ground
lease with Terry
Edmonds
d. FAA/IDOT Projects: AECOM / David Hughes
20 min
i. FY16 Apron Expansion
1. Public Hearing
2. Consider a resolution approving the plans, specifications and form of contract for
the 2016 Apron Expansion and placing bids
ii. FY15 Obstruction Mitigation
e. U.S. Army Reserve
10 min
i. Public Hearing
ii. Consider a resolution approving a ground lease with the United States Government for
ground located adjacent to the US Army Reserve Center
f. Airport "Operations"
10 min
i. Strategic Plan -Implementation
ii. Budget
iii. Management
g. FBO / Flight Training Reports
10 min
i. Jet Air
Consider a resolution to adjourn to executive session pursuant to Section 21.5(1)(k) and (i) of the
Iowa Code to discuss security procedures or emergency preparedness information, and to evaluate
the professional competency of individuals whose appointment, hiring, performance or discharge is
being considered when necessary to prevent needless and irreparable injury to that individual's
reputation and that individual requests a closed session.
h. Commission Members' Reports
i. Staff Report
5. Set next regular meeting for March 17, 2016 at 6:00 p.m.
6. Adjourn
2 min
2 min
*The times listed in the agenda are the anticipated duration of that particular agenda item. The actual discussion
may take more or less time than anticipated
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 2 of 71
January 21, 2016
Page 1
MINUTES DRAFT
IOWA CITY AIRPORT COMMISSION
JANUARY 21, 2016 — 6:00 P.M.
AIRPORT TERMINAL BUILDING
Members Present: Jose Assouline, Julie Bockenstedt, Minnetta Gardinier, A. Jacob
Odgaard, Chris Ogren
Staff Present: Michael Tharp, Eric Goers
Others Present: Matt Wolford, Carl Byers, Larry Bell, David Hughes
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council
action):
None.
DETERMINE QUORUM:
The meeting was called to order by Chairperson Gardinier at 6:03 P.M.
APPROVAL OF MINUTES:
The first order of business was to review the minutes of the December 17, 2015, meeting.
Ogren noted that under approval of minutes, it shows Assouline and Ogren as being absent,
and it should be Assouline and Bockenstedt absent, although Assouline did show up a bit late
for this meeting. Odgaard stated that on page 4, top paragraph, the last sentence is not clear to
him. Tharp stated that he would need to go back and listen to the recording to see what exactly
Underwood said here. Odgaard also noted that under the FAA obstruction mitigation
conversation, it states that Underwood provided some information regarding mitigation. He
questioned what the options are. Tharp tried to clarify what Underwood was referring to here.
He stated that he could clarify this by going back to the recording here, as well. Odgaard stated
that he believes they did not come to any final conclusions on this. Ogren moved to accept
the minutes of the December 17, 2015, meeting as amended. Odgaard seconded the
motion. The motion carried 5-0.
PUBLIC DISCUSSION:
None.
ITEMS FOR DISCUSSION/ACTION:
a. Request to use Airport grounds -
i. University of Iowa — Tharp stated that he has not heard back
from Dan McGehee yet and that if he does not hear from him soon,
he will drop this item from the agenda. Continuing, Tharp noted that he
has been working on an application for these types of requests, so that
they are ready for any future ones. Gardinier asked if Tharp has
considered a web -based form, and Tharp stated that he can look into this
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 3 of 71
January 21, 2016
Page 2
as well. Gardinier stated that anything like this should be available online
as well. Bockenstedt asked if there is any conflict of interest for her since
she does work at the University, and Goers addressed the legality of this
type of situation, noting that in most instances there is no conflict.
b. Airport Master Plan — Tharp noted that Melissa Underwood was unable
to attend this evening, but he shared the information she asked him to
pass along. He spoke to the master plan and mitigation projects, and that
the FAA has asked them to go back and review this, do some more cost
benefit analysis in terms of the number of obstructions northwest of the
Airport and compare the impact and operational effects that would be
seen. Tharp added that Underwood has started working on this. There
will be some delay, therefore, in the acceptance of the master plan.
Members then discussed the obstruction mitigation issues, asking
questions of Tharp along the way. Hughes added that the FAA is wanting
them to make sure that all obstructions are identified and that every
avenue to mitigating them is reviewed. Tharp stated that he hopes to
have further information for Members to review at next month's meeting.
Gardinier asked Tharp to let the master plan group know that they will be
scheduling another meeting with them in the near future.
C. FAA/IDOT Projects: AECOM (David Hughes)
i. FY15 Obstruction Mitigation — Hughes then spoke to Members
about the FAA's new process on analyzing approaches and responded to
Member questions regarding this. He explained how the GIS data has
been reviewed and what the FAA is asking them to do an analysis of.
Members continued to discuss how the obstructions are identified using
the runway approaches at the airport. The master plan was also
discussed here, with Gardinier asking if it is going to cost them more now
for the master plan, due to the increased data the FAA is requesting, and
thus the delay in completing the master plan. Hughes stated that the plan
is to review the data again this coming week and to then resubmit it to the
FAA. Members continued to discuss this issue, asking for further
clarification from Hughes.
ii. Fuel Tank Rehabilitation —
1. Consider a resolution accepting work for Fuel Tank
Rehabilitation Project — Hughes stated that everything has been
completed and accepted with this rehab. The recommendation is
for the Commission to accept the work on the fuel tank project.
Ogren moved to accept Resolution #A16-01 for work on the
fuel tank rehabilitation project. Assouline seconded the
motion. The motion carried 5-0.
iii. FY16 Apron Expansion —
1 . Consider a resolution setting a public hearing on the
plans, specifications and form of contract for the 2016 apron
expansion — Tharp spoke briefly to what is included in this
project, phase one. He stated that the plan is to then apply for a
grant to rehab the front portion. Hughes noted that all told, this
will allow eight more spaces for tie -downs. Gardinier asked if they
shouldn't review the tie -down spots to see if they can better utilize
the space they have. The timeframe is to have the public hearing
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 4 of 71
January 21, 2016
Page 3
in February, go out for bids in March, receive bids the end of
March, and hopefully finalize things at April's meeting. This woulc
probably be a May construction start, according to Tharp.
Odgaard moved to consider Resolution #A16-02 to set the
public hearing for the 2016 apron expansion project. Ogren
seconded the motion. The motion carried 5-0.
d. Gilbert Street Leased Area (Larry Bell) — Larry Bell then spoke to
Members regarding the Gilbert Street lease area. He gave a brief history
of his situation, noting the new Members who may not be aware of what
has taken place in the past. Tharp then spoke to the issue, noting that
with the new master plan, they should be able to seek FAA approval on
selling this piece of property. He further explained how the FAA may
handle this type of request. Tharp also responded to Member questions
regarding the history behind this lease. Gardinier suggested they move
forward as soon as possible on this. The conversation then turned to
what the zoning in this area is and how the flood plain rules play into what
can and cannot be done there. Members continued to discuss the
property, debating if selling it or leasing it would be better in the long run.
Tharp stated that he would like to see it sold. Bockenstedt asked for
further clarification on the current lease and whether or not they could
release Mr. Bell from it. Gardinier explained how the Commission came
up with the lease terms of paying half the lease amount versus the entire
amount. Tharp noted that the Commission does not have to make a
decision this evening, but that he is trying to see how they might want to
move ahead with this. Gardinier stated that they should definitely start
looking into this, starting with contacting the FAA. Assouline agreed,
stating that if they don't move forward now in the right manner, they will
never come to an agreement. Members noted that they would like to get
more information on this matter so that they can start making the needed
decisions. Tharp stated that he will contact the FAA and explain the
situation to them. Gardinier reiterated that they need to move forward
quickly on this matter.
e. Airport Operations —
i. Strategic Plan- Tharp stated that they need to address this once
the master plan is complete.
ii. Budget — Tharp noted that a boiler failed in Jet Air's shop over the
weekend. He responded to Member questions regarding this and
what recent expenditures have been in this area. Tharp stated
that he is working with the City's HVAC coordinator on getting
quotes for replacement of this boiler, and he asked that
Chairperson Gardinier be given the authority to accept the quotes
for this project so that they can move forward quickly. He further
explained what this project might entail, noting that it will be
roughly $10,000 for a boiler. Tharp stated that they would also be
looking at replacing the 2nd boiler at this time which would put the
total cost of work between around $25,000. On a temporary basis
a couple of heaters have been rented at $60/day plus the gas to
run them. Members continued to discuss this issue, with Tharp
and Wolford responding to concerns. There was unanimous
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 5 of 71
January 21, 2016
Page 4
agreement that Gardinier go ahead and accept the quotes so that
they can move forward quickly on this replacement. As for the
Airport budget, Tharp noted that the Council has gone through its
initial conversations and he does not see any changes being
made at this point. He also noted that he and Gardinier have
discussed the issue of their current fund balance amounts and the
need to do some brainstorming over projects that they could try to
accomplish with these extra funds. Goers suggested Members do
a vote on the boiler purchase. Ogren moved to allow Gardinier
to authorize a purchase up to $30,000 for a boiler system,
based on the recommendation of the HVAC coordinator.
Odgaard seconded the motion. The motion carried 5-0.
iii. Management —
1. Employee Review — Tharp noted that his review is due in
February and that typically the Chair will collect feedback from
other Members and then do a final review after that. Tharp will
send his previous review to Members for their review. Goers
helped explained for new Members what this would entail.
FBO/Flight Training Reports
i. Jet Air — Matt Wolford shared his monthly reports with Members,
noting what took place in December and January. He noted that
they have had very little snow removal and have spent some time
trying to get birds out of the area. Gardinier asked about the
hangar damage notation and Wolford explained what employees
were looking for during this review. For January, Wolford
explained that they were able to use the new ice melting mixture.
He shared where they used it and how they experimented with it
to get the best results. Wolford noted that they also were able to
remove a couple of trees that were considered obstructions.
Members briefly spoke to the garbage that gets left by the
dumpsters that they then have to get rid of, and whether a camera
in this area would help to stop this problem. Continuing, Wolford
spoke to Jet Air's business. He stated that with the boiler
malfunctions they have had some messes to clean up with the
antifreeze leaks. Speaking to Jet Air's shop, he noted that they
have been keeping very busy lately, with a small slowdown in the
charter side of the business. They now have three small turbo
prop planes and seven Citations for use. Wolford then noted that
he has been reviewing their hangar space and how they might
better use what they have, as they continue to need more room.
g. Security Subcommittee Report —
i. Consider a motion to adjourn to executive session pursuant
to Section 21.5(1)(k) of the Iowa Code and Resolution No.
A06-14 regarding security procedures or emergency
preparedness information — Members decided to convene an
executive session at this point. Ogren moved to adjourn to
executive session at 8:10 P.M., as noted above. Odgaard
seconded the motion. The motion carried 5-0. The executive
session ended at 8:44 P.M. Gardinier moved to adjourn the
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 6 of 71
January 21, 2016
Page 5
executive session. Odgaard seconded the motion. The
motion carried 5-0.
h. Commission Members' Reports — None.
Staff Report — Tharp noted that the State Legislature is back in session.
The Governor's office is recommending a cut to the aviation budget, so he
noted they are paying particular attention to this. Members then briefly
spoke to Member terms and whether they have others waiting to get onto
the Airport Commission. Assouline noted that with his term expiring, he
would be happy to let others join the Commission in his place.
SET NEXT REGULAR MEETING FOR:
The next regular meeting of the Airport Commission will be held on Thursday, February 18,
2016, at 6:00 P.M. in the Airport Terminal Building.
ADJOURN:
Ogren moved to adjourn the meeting at 8:48 P.M. Odgaard seconded the motion. The
motion carried 5-0.
CHAIRPERSON DATE
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 7 of 71
Airport Commission
January 21, 2016
Page 6
Airport Commission
ATTENDANCE RECORD
2016
TERM
c
NAME
EXP.
rn
Minnetta
03/01/19
X
Gardinier
Jose
03/01/16
X
Assouline
Chris Ogren
03/01/18
X
A.Jacob
03/01/18
X
Odgaard
Julie
03/01/17
X
Bockenstedt
Key:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 8 of 71
February 2, 2016
Page 1
MINUTES DRAFT
IOWA CITY AIRPORT COMMISSION
FEBRUARY 2, 2016 — 5:30 P.M.
AIRPORT TERMINAL BUILDING
Members Present: Julie Bockenstedt, Minnetta Gardinier, A. Jacob Odgaard, Chris Ogren
Members Absent: Jose Assouline,
Staff Present: Michael Tharp, Eric Goers
Others Present: Matt Wolford, Carl Byers, Larry Bell, David Hughes
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council
action):
None.
DETERMINE QUORUM:
The meeting was called to order by Chairperson Gardinier at 5:32 P.M.
ITEMS FOR DISCUSSION/ACTION:
a. Consider a resolution accepting quotes for boiler and authorizing work —
Tharp stated that they had received the quotes for the boiler work. He stated
they came in just above the authorized amount. Tharp stated a memo from Scott
Justason, Facilities Manager with the Parks department was in the packet
recommending options 2, 3, and 4. Tharp stated that the low quote was from All
Temp Refrigeration and for $31,048 which had been just over the $30,000
amount the commission had authorized the chair to sign. Odgaard moved the
resolution A16-03, seconded by Ogren. Resolution passed 4-0 (Assouline
absent)
b. Consider a resolution setting a public hearing on a ground lease with the
United States Government for ground located adjacent to the US Army
Reserve Center — Tharp stated since they had the special meeting for the
boilers he used the opportunity to bring this to the Commission. Tharp stated
that the lease was 5 years and was a 5% increase over the previous rent. Ogren
moved the resolution A16-04, seconded by Bockenstedt. Resolution
passed 4-0 (Assouline absent)
ADJOURN:
Ogren moved to adjourn the meeting at 5:40 P.M. Odgaard seconded the motion. The
motion carried 4-0 (Assouline absent).
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 9 of 71
February 2, 2016
Page 2
CHAIRPERSON DATE
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 10 of 71
Airport Commission
January 21, 2016
Page 3
Airport Commission
ATTENDANCE RECORD
2016
TERM
c
NAME
EXP.
rn
Minnetta
03/01/19
X
Gardinier
Jose
03/01/16
X
Assouline
Chris Ogren
03/01/18
X
A.Jacob
03/01/18
X
Odgaard
Julie
03/01/17
X
Bockenstedt
Key:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
Page 11 of 71
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr. Iowa City, IA 52246 (319) 350 5045
RESOLUTION NO.
RESOLUTION GIVING NOTICE OF INTENT TO EXECUTE A GROUND LEASE
WITH TERRY EDMONDS FOR GROUND LOCATED AT THE IOWA CITY
MUNICIPAL AIRPORT AND SETTING A PUBLIC HEARING ON SAID PROPOSAL
FOR MARCH 17, 2016.
WHEREAS, the Commission owns ground referred to as the Iowa City Municipal Airport; and
WHEREAS, Terry Edmonds desires to construct an aircraft storage hangar; and
WHEREAS, the Airport Operations Specialist has negotiated a lease with Terry Edmonds for a
term of thirty (30) years; and
WHEREAS, a lease of this period of time requires the holding of a public hearing.
BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY:
1. The Airport Commission of the City of Iowa City does hereby declare its intent to enter
into the above -referenced lease agreement.
2. A public hearing on said proposed lease agreement should be and is hereby set for March
17, 2016 at 6:00 p.m. in the Iowa City Airport Terminal Building, 1801 S. Riverside
Drive, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the Airport
Commission thereafter as posted by the City Clerk.
3. That the City Clerk is hereby authorized and directed to publish notice of the public
hearing for the above -named project in a newspaper published at least once weekly and
having a general circulation in the City, not less that four (4) nor more than twenty (20)
days before said hearing.
4. That the copy of lease agreement is hereby ordered placed on file by the Chairperson in
the office of the City Clerk for public inspection
Passed and approved this day of 2016.
CHAIRPERSON APP ved By:
ATTEST: r C
SECRETARY /
City Attorneys Office
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 12 of 71
It was moved by and seconded by the
Resolution be adopted, and upon roll call there were:
Ayes Nays Absent
Assouline
Bockenstedt
Gardinier
Odgaard
Ogren
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 13 of 71
Iowa City Municipal Airport
Ground/Hangar Lease
This Ground/Hangar Lease ("Lease") is made as of day of 2016, by and between the
Iowa City Airport Commission, having a principal business at 1801 S. Riverside Drive, Iowa City, IA 52240
("Landlord") and Terry Edmonds ("Tenant')
RECITALS
A. The City of Iowa City is the owner of fee title to promises situated in the City of Iowa City, State
of Iowa, Commonly known as the Iowa City Municipal Airport. Landlord has the authority to lease
ground.
B. Tenant is Terry Edmonds.
C. The parties desire to enter into a ground lease pursuant to which Landlord will lease an
unimproved portion of the Iowa City Municipal Airport as depicted on Exhibit A (the "Lease Premises")
for the purposes of construction of an aircraft storage hangar and associated apron.
D. Tenant has indicated a willingness and ability to properly keep, maintain, and improve said
ground in accordance with standards established by Landlord, if granted a lease of sufficient term on
said ground area.
In consideration of the foregoing and the mutual covenants hereinafter contained, and for other
good and valuable consideration the receipt and sufficiency of which are hereby acknowledge by the
parties, Landlord and Tenant hereby agree as follows:
GRANT
1.01 Grant. Landlord hereby leases to tenant the Leased Premises in accordance with the terms and
conditions hereinafter set forth
ARTICLE II
CONDITION
2.01 Condition of Lease Premises. Tenant is taking possession of the Leased Premises in an "as -is"
condition as of the execution and delivery of this Lease. Landlord shall have no obligation to perform
any improvements, alterations, additions, repairs or replacements thereto except those specifically
defined in this lease.
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 14 of 71
ARTICLE III
TERM
3.01 Initial Term. The term of this lease shall commence on June 1, 2016 (the "Lease
Commencement Date") and shall continue thereafter until May 31, 2046 (the 'Term") unless sooner
terminated as provided herein
3.02 Options to renew. There are no options to renew included in this lease
3.03 Termination: Tenant may terminate this lease at any time within 1 calendar year of the
execution date for any reason with 30 days written notice. Tenant will be responsible for payment of
lease for time that has elapsed.
ARTICLE IV
RENT AND UTILITIES
4.01 Annual Base Rent. Commencing on June 1, 2016 and continuing on the first day of each
succeeding month, Tenant shall pay to Landlord, at the address specified in section 7.05, or at such
other place as Landlord may from time to time hereinafter designate to Tenant in writing, annual rent
("Annual Base Rent") as follows:
Annual Base Rent: $.20 per square foot per year. For the period of June 1, 2016 —May 31,
2021. $604.80 per year, payable monthly with payments due on the first day of the month.
Beginning June 1, 2021 and every 5 years following the Annual Base Rent shall be computed as
follows: Annual Base Rent +CPI escalator as further defined.
a. Definitions. For the purposes of this provision, the following definitions shall apply:
1. The term "Consumer Price Index" or "CPI" shall mean the US. Bureau of Labor
Statistics Consumer Price Index for all Urban Consumers — U.S. City Average, seasonally adjusted. (1982-
1984 = 100).
2. The term "Current CPI' shall mean the annual average of Consumer Price Indices for
the calendar year immediately proceeding the change date.
3. The term 'Base CPI' shall mean the annual average of Consumer Price Indices for the
calendar year immediately preceding the year for which the Current CPI is determined.
4. the term "Change Date" Shall mean June 1" of each year beginning June 1, 2021 (5
year point)
b. Adjustment. Effective on the Change Date, the Monthly Base Rent hereunder shall escalate
based on the following formula and illustrated by the following example:
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 15 of 71
1. Formula.
[(Current CPI — Base CPI) X Rentl + Rent = Escalated Rent
[Base CPI]
2. Example: Assume the monthly base rent is $1,632. Assume the Current CPI (annual
average CPI for 2011) is 225.114 and that the Base CPI (annual average CPI for 2012) is 228.537.
Monthly base rent beginning February 1,2013 would be $1,656.81
[(228.537-225.114) x 16321 + 1632 = $1656.81
[225.1141
c. No recomputations. No subsequent adjustments or recomputations, retroactive or otherwise
shall be made to the Consumer Price Index due to any revision that may later be made to the first
published figure of the Consumer Price Index for any month.
d. No Rent decrease. In no event shall the Annual Bas Rent for a given year be less than the
Annual Base Rent for the immediately preceding year.
e. No Waiver. Any delay or failure of Landlord in computing or billing Tenant for the escalation
of Annual Base Rent as provided herein shall not constitute a waiver of or in any way impair the
continuing obligation of Tenant to pay such escalation of Monthly Base Rent.
f. Change in Index. In the event that the Consumer Price Index ceases to use 1982-1984=100 as
the basis of calculation, the new CPI established by the U.S. Bureau of Labor Statistics Consumer Price
Index for all Urban Consumers-U.S. City Average, seasonally adjusted, with a different base year shall be
used.
Tenant may prepay early without a prepayment penalty
4.02 Net Lease. This Lease in every sense shall be without cost to the Landlord for the development,
maintenance, and improvement of the Leased Premises. It shall be the sole responsibility of the Tenant
to keep, maintain, repair and operate the entirety of the Leased Premises and all improvements and
facilities placed thereon at Tenant's sole cost and expense.
4.03 Utility Payments. Commencing with the Lease Commencement Date and continuing throughout
the term, Tenant shall pay or cause to be paid all charges, assessments, or taxes for gas, electricity,
water, sewer, telephone, and all other utility services incurred in connection with Tenant's use and
occupancy of the Leased Premises.
4.04 Taxes. Commencing with the Lease Commencement Date and continuing throughout the term,
tenant shall pay all property taxes on the Leased Premises when they become due.
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 16 of 71
ARTICLE V
USE AND OCCUPANCY
5.01 Use. Tenant shall use the Leased Premises for the construction, use, and support of corporate
aviation hangar facilities.
5.02 Construction. Tenant shall use its best efforts to complete the construction of a building facility
on the Leased Premises for the operation of said hangar. Tenant's interest under this Lease shall
terminate and all payments hereunder shall be forfeited if Tenant does not complete construction of the
substantial improvements within one (1) year of the date of execution of this Lease agreement.
"Substantial improvements" means completion of the construction in accordance with the plans and
specifications approved by the Commission and with city ordinances. The failure by Tenant to complete
minimum improvements within a period of one (1) year from the Lease Commencement Date shall be
considered an event of Default and Landlord shall have available all remedies set forth herein.
5.03. Licenses. Tenant shall, at Tenant's expense, obtain and maintain during the Term of this Lease all
licenses or permits necessary for the operation of Tenant's use of the Leased Premises as defined in
Section 5.01 herein and Tenant shall comply with any other applicable rules and regulations governing
the operation of Tenant's use of the Leased Premises as required by any federal, state, or local
government or regulatory authority or agency.
5.04. Zoning. Tenant shall, at Tenant's expense, obtain any and a/I necessary zoning approvals and
permits required by local law or ordinance.
5.05. Restrictions
a. Prohibited Uses. No use of the Leased Premises shall be permitted which is offensive by
reason of odor, fumes, dust, smoke, noise, or other pollution, nor shall any use be permitted which is
hazardous by reason of excessive danger of fire or explosion, which may be injurious to any property or
persons on or about the Iowa City Municipal Airport or that is in violation of the applicable laws or
regulations of any governmental authority. Any use that negatively affects the operation of the Iowa
City Airport is prohibited.
b. Hazardous Materials. No Hazardous Materials of any kind shall be stored on or disposed of on
the lot. As used herein, Hazardous Materials shall mean:
Any "hazardous waste" as defined by the Resource Conservation and Recovery Act of
1976, as amended from time to time, and rules or regulations promulgated thereunder;
Any "hazardous substance" as defined by the Comprehensive Environmental Response
Compensation and Liability Act of 1980, as amended from time to time, and rules or regulations
promulgated thereunder,
Any oil, petroleum products, and their byproducts; and
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 17 of 71
Any substance which is regulated by any federal, state, or local governmental authority
or that is the subject of any law, rule or regulation.
With the exception of Paragraph 5.05b above, Tenant shall handle, use, store and dispose of fuel
petroleum products, and all other non -"hazardous substances" owned or used by it on the Airport in
accordance with all applicable federal, state, local and airport statutes, regulations, rules and
ordinances. No waste or disposable materials shall be released on the ground or in the storm sewers.
Should such materials be spilled or escape from storage or in any way contaminate the Airport or
property adjacent to the Airport through activities of the Tenant, the Tenant shall be responsible for the
clean up, containment and otherwise abatement of such contamination at Tenant's sole cost and
expense. Further, Tenant shall notify the Commission and appropriate governmental agency of such
occurrence immediately. Should Tenant fail to do so, the Commission may take any reasonable and
appropriate action in the Tenant's stead. The cost of such remedial action by the Commission shall be
paid by the Tenant.
a. Tenant may have the following materials stored in the Hangar Space:
1 case of engine oil
2 1/2 gallons gasoline for motorized tugs (but no aviation fuel or
gasoline in drums)
1 gallon of cleaning solvents
c. Nuisances. No act constituting a nuisance as defined underthe provision of Chapter 657, Code
of Iowa, orthe common law of Iowa, shall be permitted, and the restrictions pertaining to acts within a
county in said Code chapter shall be applicable.
d. Construction Site Standards. Construction and the conduct thereof shall comply with all
governmental requirements as to health and safety and shall meet the standards set forth herein and as
set forth by City ordinance. Such standards shall cover, but not be limited to, the restrictions contained
herein and additional regulations concerning erosion control, parking for construction workers, office
trailers on the lot, material storage, location of telephones and vending machines, security design,
location and disposal of sewage during construction, cleaning and policing of the construction site and
protection of streets, street right of ways and property adjoining the building site. Said requirements
may vary depending on size, location and topography of a lot. During the course of construction, Tenant,
its agents, and contractors shall keep mud, dirt, debris and building materials off of all City roads. No
temporary building, job trailers or the like shall be permitted on the lot except those incident to
construction while an approved building is being constructed thereon and shall be removed within 30
days following the issuance of a permanent certificate of occupancy by the City of Iowa City. When the
construction of a project is once begun, work thereon shall be prosecuted diligently and continuously
until full completion. Any building shall be substantially completed prior to occupancy of any part
thereof, and landscaping shall be fully completed within 30 days of granting a certificate of occupancy,
weather permitting. If the Tenant informs the Landlord in writing within 30 days of issuance of the
certificate of occupancy that weather will not permit the completion of landscaping, the Landlord will
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provide the Tenant with an alternate deadline by which to complete the landscaping. Tenant shall be
liable for damage to airport facilities and pavements used during construction activity.
e. Parking. All vehicle parking areas and service drives shall be dust free, hard -surface with a
concrete curb and gutter.
f. Landscaping. In connection with construction on the leased ground, the Tenant shall be
required to sod or seed the entire ground surface of the leased ground except for building and parking
sites and alternatively landscaped areas. The Tenant shall be responsible for sodding or seeding shall
maintain in good condition and appearance.
g. Signs. All signage shall comply with city ordinances and be approved by the Landlord.
h. Lighting. All lighting shall be directed away from adjacent properties and shall be positioned
to eliminate glare on streets and highways. No neon lights, intermittent or flashing lights shall be
allowed. Only shaded light sources shall be used to illuminate signs, facades, buildings, parking and
loading areas. All lighting shall be reflected downward.
i. Storage. No storage of any articles, goods, or materials shall be permitted outside any building
except of a temporary nature only and then only with the prior written consent of the Landlord, who
shall have the right, as a condition to any such approval, to impose such limitations and screening
requirements as it may deem to be in the best interests of the area. Any such approval may be revoked
by the Landlord if at any time any of such limitations or screening requirements are not met.
j. Utilities. All electric, telephone, and other utility lines on or servicing the lot must be
underground.
ARTICLE VI
IMPROVEMENTS; SURRENDER; PERSONAL PROPERTY
ALTERNATIONS: LEINS: MAINTENANCE: COMPLIANCE
6.01 Improvements and Personal Property.
a. Title to Tenant's Improvements. Any and all real property improvements, alterations,
modifications or additions on orto the Leased Premises made by Tenant during the Term
("Improvements") shall be and remain the property of Tenant throughout the Term.
b. Surrender. Upon expiration of the Term or termination of the Lease, whether by breach,
default, expiration of Lease, or otherwise, title to the Tenant's Improvements shall be and become the
sole and absolute property of Landlord, and Tenant shall thereupon be required to, at Landlord's sole
discretion, either: (i) return and deliver up the Leased Premises in the same condition as when delivered
to Tenant, normal wear and tear excepted or (ii) return and deliver up to Landlord the Leased Premises
and Tenant's Improvements thereon. If Landlord chooses option (ii), said Improvements shall be
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surrendered to and become the sole property of Landlord at that time, free and clear of any liens of
mortgages, deeds of trust, liens of mechanics, laborers or materialmen, and al\ other liens and
encumbrances other than any such liens and encumbrances incurred by Landlord, or such lien or
encumbrance which Landlord agrees in writing may survive the expiration of the Term or the
termination of the Lease.
c. Removal of Personal Property. A" items of furniture, furnishings, inventories and other
personal property acquired by Tenant for use on the Leased Premises (the "Personal Property") shall be
and remain the property of Tenant regardless of termination of the Lease or expiration of the Term.
Tenant shall remove from the Leased Premises all Personal Property at or before the termination or
expiration of the Lease. If Tenant fails to remove such items within such period, then (i) such items shall
be deemed abandoned by Tenant and shall become the property of Landlord, and (ii) Landlord shall
have the right to remove and dispose of such items as Landlord, in its sole discretion, sees fit and to
charge Tenant the cost of doing so.
6.02 Alterations.
a. Required or Discretionary Alterations. Tenant shall make all additions, improvements, and
alterations (hereinafter "Alterations") on the Leased Premises, and on and to the Tenant's
Improvements thereon, required by any governmental authority or which may be made necessary by
the act or neglect of Tenant, its employees, agents or contractors, or any persons, firm or corporation,
claiming by, through or under Tenant. Except as provided in the immediately preceding sentence,
Tenant shall not make any other Alterations to the Leased Premises without Landlord's prior written
consent, which consent shall not be unreasonably withheld or delayed.
b. Performance Standards. Prior to making any Improvements or Alterations, Tenant shall
submit to Landlord for approval the following items:
i. Final plans and specifications, together with a certificate from Tenant's architect that
the final plans and specifications are in compliance with all applicable laws and ordinances;
ii. A good faith estimate by Tenant's architect of the cost of constructing the
Improvements or Alterations; 7
iii. Names and addresses of proposed contractors and subcontractors;
iv. A copy of the signed contract or contracts for the full cost of construction of the
Improvements or Alterations in accordance with the final plans and the cost estimate of
Tenant's architect;
v. Necessary permits or satisfactory evidence that a permit is not required. Landlord
shall determine in its reasonable discretion the sufficiency of such evidence;
vi. Certificates of insurance required by Section 8.01 naming Landlord and the City of
Iowa City as additional insureds and including builder's risk, liability and worker's compensation
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insurance and such other insurance customarily obtained during construction as is reasonably
requested by Landlord; and
vii. Completion assurances in the form of an Irrevocable Letter of Credit or Payment and
Performance Bond in accordance with Section 6.02(c) below, both drawn to the benefit of
Landlord, or as may be required by Landlord. Such completion assurances must be acceptable to
Landlord in both form and substance, and must also be obtained from companies satisfactory to
Landlord.
In addition, Tenant shall, upon Landlord's written request, provide Landlord with
evidence satisfactory to Landlord of Tenant's financial ability to pay for the Improvements or
Alterations. Landlord may also require that Tenant secure, at Tenant's expense, evidence
satisfactory to assure Landlord's title in the Leased Premises against mechanic's liens arising out
of any work, alterations or improvements made to the Leased Premises by Tenant as provided in
Section 6.03 hereinbelow. Tenant shall not commence to perform any Improvements or
Alterations costing in excess of $10,000.00 without obtaining Landlord's prior written consent,
which consent shall not be unreasonably withheld. All permitted Improvements or Alterations
shall be performed with new materials, in a good and workmanlike manner, strictly in
accordance with the final plans and specifications approved by the Landlord, and in accordance
with any and all Legal Requirements as such term is defined in Section 6.05. Upon completion of
any such work by or on behalf of Tenant, Tenant shall provide Landlord with such documents as
Landlord may require evidencing payment in full for such work, such as lien waivers, and "as -
built" working drawings. In the event Tenant performs any work not in compliance with the
provision of this Section 6.02(b), Tenant shall, upon written notice from Landlord, immediately
remove such work and restore the Leased Premises to their condition immediately prior to the
performance thereof. If Tenant fails to so remove such work and restore the Leased Premises as
aforesaid, Landlord may, at its option, and in addition to all other rights or remedies of Landlord
under this Lease, at law or in equity, enter the Leased Premises and perform said obligation of
Tenant and Tenant shall reimburse Landlord for the cost to the Landlord thereof, immediately
upon being billed therefore by Landlord. Such entry by Landlord shall not be deemed an eviction
or disturbance of Tenant's use or possession of the Leased Premises, nor render Landlord liable
in any manner to Tenant.
c. Performance Bonds. Unless exempt or unless this requirement is waived by Landlord, Tenant,
at its own cost and expense, shall cause to be executed, and delivered to Landlord two separate bonds,
as follows:
i. Prior to the date of commencement of construction, a contract surety bond in a sum
equal to the full amount of the construction contract awarded by Tenant for construction of the
improvements on the Leased Premises. Said bond shall be drawn in a form and from such
company as approved by Landlord; shall guarantee the faithful performance of necessary
construction and completion of improvements in accordance with approved final plans and
detail specifications; and shall guarantee Landlord against any losses and liability, damages,
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expenses, claims, and judgments caused by or resulting from any failure of Tenant, or Tenant's
contractor, to perform completely the work described as herein provided and to pay all bills for
labor, supplies, material and equipment incident thereto.
In lieu of said bond, Tenant may deposit the amount of said bond in a local depository
institution selected by Tenant to remain until Tenant's general contractor has delivered to
Landlord a waiver of all claims against the Leased Premises for labor done and materials
furnished and for a period of four months after the Landlord's building inspector approves final
completion of the construction of improvements, provided no mechanic's liens have been filed
against the Leased Premises during that time, at which time such deposit shall be refunded to
Tenant. All earnings from said deposit shall be the property of Tenant.
ii. Prior to the commencement of this Lease, a surety bond in the sum at least equal to
one (1) year's rental. Said bond shall be conditioned on the faithful performance of all terms,
conditions, and covenants of this Lease, shall be renewable annually, and shall be kept in full
force and effect for the complete term of this Lease.
At Tenant's option, an amount equal to one (1) year's rental may be deposited with
Landlord in lieu of said performance bond.
6.03 Liens. Tenant shall not cause or permit any liens to be attached to, placed on or filed against the
Landlord's interest in the Leased Premises or Tenant's Improvements in connection with any
construction, alteration, demolition, repair or restoration work Tenant performs or causes to be
performed on the Leased Premises. If, however, at any time, in connection with the planning,
construction, alteration, demolition, repair or restoration work Tenant performs or causes to be
performed on the Leased Premises, any liens of mechanics, laborers, or material men shall be filed
against, attached to or placed on the Leased Premises, the Tenant's Improvements or any part thereof
relating to work described above, Tenant shall, at its expense, cause the same to be discharged, by
payment, bonding or otherwise as provided by law, within fifteen (15) days after Tenant receives notice
that the lien was filed, except for such liens that may have been incurred by Landlord arising from
Landlord's actions. Nothing herein contained shall in any way prejudice the rights of Tenant to contest in
good faith to final judgment or decree any such lien prior to payment thereof, provided that Tenant shall
furnish and keep in effect a surety bond of a responsible and substantial surety company, acceptable to
Landlord, in an amount sufficient to pay 125%of the amount of such contested lien claim with all
interest thereon and costs and expenses with respect thereto, or (b) provide other security reasonably
satisfactory to Landlord. Upon final determination of the validity of such contested lien or claim, Tenant
shall immediately pay the amount finally determined to be due thereon including any judgment or
decree rendered in connection therewith, with all property costs and charges and shall cause any such
lien to be released of record without cost to Landlord and during the pendency of any such contest,
Tenant shall save and keep Landlord harmless from any claim or loss by reason thereof. Tenant's failure
to comply with the terms of this Section 6.03 shall be considered a Default under the Lease, and
Landlord shall have the right to any and all remedies against Tenant as set forth in Section 13.02 herein.
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6.04 Maintenance. Tenant shall, throughout the Term, at its sole cost and expense, maintain the Leased
Premises and all buildings and improvements at any time erected thereon, any unimproved portion of
the Leased Premises and all Personal Property installed therein, in good repair and in a safe, clean,
sightly and sanitary condition. In the event that Tenant, in Landlord's reasonable judgment, fails to
comply with its repair and maintenance obligations under this Section 6.04, Landlord may, but shall not
be obligated to, in addition to its remedies under Article XIII, perform all repairs and maintenance which
in Landlord's reasonable judgment is required to bring the Leased Premises, Tenant's Improvements and
Personal Property into compliance with the repair and maintenance standards of this Section 6.04.
6.05 Compliance with Legal Requirements. Tenant shall, throughout the Term, at its sole cost and
expense, promptly comply with all applicable laws, ordinances and regulations of governmental entities
having jurisdiction over the Leased Premises (including, but not limited to all local zoning use restrictions
and requirements), and all policies of insurance applicable to the Leased Premises (collectively, "Legal
Requirements"). Tenant shall not conduct or permit any person to conduct any unlawful activity on the
Leased Premises or any use or activity in violation of (a) any Legal Requirements, including but not
limited to zoning or other land use laws or ordinances, or (b) any private restrictive covenants applicable
to the Real Estate. Furthermore, Tenant shall not cause or allow any activity which causes air, water,
sailor noise pollution, which would violate any Legal Requirements or which would otherwise constitute
a nuisance or reasonably objectionable intrusion into or interference with the use of any surrounding
property.
6.06 Non -Discrimination. Tenant covenants, in consideration of the right to lease property at Iowa City
Municipal Airport, that Tenant, 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. Tenant shall remain in compliance with all
requirements of 49 C.F.R. Part 21, Non -Discrimination in Federally Assisted Programs of the Department
of Transportation.
ARTICLE VII
INSURANCE, DAMAGE DESTRUCTION
7.01 Insurance. Tenant 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. Property Insurance-100%of the replacement cost value on any building, on an "all risk" or
Special Causes of Loss basis or equivalent form. City of Iowa City shall be named as a Loss Payee on the
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property insurance policy with Clause C. Loss Payable of ISO form CP1213 0607 (or other equivalent
form)
b. Liability-$1,000,000 occurrence/$2,000,000 aggregate limits on a "Garage Liability" form (or
equivalent combined premises and auto liability form) whereby such insurance includes all operations
conducted on the premises and any auto or motorized vehicle or trailer operated by or on behalf of the
tenant.
c. Excess Liability $1,000,000 occurrence /$1,000,000 aggregate.
City of Iowa City and the Airport Commission shall be named as an additional insured on the Garage
Liability and the policy shall be endorsed with the Government Immunity endorsement provided below.
Certificate of insurance will be provided evidencing coverage. All insurance companies involved should
have an A.M. Best rating of A -or higheL Tenant shall deliver to the Landlord, within thirty (30) days of
execution of this lease agreement, Certificates of Insurance and copies of said policies, naming the
Landlord and the City of Iowa City, Iowa as additional insureds. Tenant shall provide fifteen (15) days'
notice to the Landlord before cancellation of said insurance.
Governmental Immunities Endorsement
1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and states that
the purchase of this policy and the including of the City of Iowa City, Iowa and the Iowa City
Airport Commission as Additional Insured does not waive any of the defenses of governmental
immunity available to the City of Iowa City, Iowa, or the Iowa City Airport Commission under
Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover
only those claims not subject to the defense of governmental immunity under the Code of Iowa Section
670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of
Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Iowa City, Iowa and the Iowa City Airport
Commission shall be responsible for asserting any defense of governmental immunity, and may do so at
any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in
this endorsement shall prevent the carrier from asserting the defense of governmental immunity on
behalf of the City of Iowa City and/or the Iowa City Airport Commission.
4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and
the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa
and the Iowa City Airport Commission under this policy for reasons of governmental immunity unless
and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental
immunity asserted by the City of Iowa City, Iowa and the Iowa City Airport Commission.
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5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa, and the Iowa
City Airport Commission agree that the above preservation of governmental immunities shall not
otherwise change or alter the coverage available under the policy.
d. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa.
7.02 Subrogation: Subrogation rights are not to be waived unless a special provision is attached to this
lease.
7.03 Damage or Destruction.
a. Tenant's Obligation to Restore. If any or all of the Tenant's Improvements shall be damaged or
destroyed by fire or any other casualty, then Tenant shall have the right, exercisable by giving written
notice thereof to Landlord within fifteen (15) days after the determination thereof, to terminate this
Lease. Damaged means when the cost to repair the Improvements exceeds the current value of the
Improvements as determined by the Landlord.
i. If the Lease is not terminated, then Tenant shall be obligated to repair and restore
Tenant's Improvements, as hereinafter provided. Such repair or restoration shall be commenced
within ninety (90) days after the date the casualty occurs, and shall be completed within a
reasonable period thereafter not to exceed twelve (12) months. If the Tenant shall fail to
commence or complete such repairs and restoration work within the time periods set forth in
the preceding sentence, except for reasons due to strike, shortage of labor or materials, war, or
an act of God, Landlord shall have the right to immediately terminate this Lease. In performing
such restoration, Tenant shall substantially comply with the conditions applicable to Alterations,
including but not limited to, Section 6.02. All insurance proceeds collected for such damage or
destruction shall be paid to a depositary approved by Landlord, Tenant, and any entity having a
security interest in the Lease. Such insurance proceeds shall be made available to be applied
toward the cost of such repairs or restoration. If the insurance proceeds shall be insufficient for
said repair or restoration, Tenant shall make up the deficiency out of Tenant's funds. In all cases,
due allowance shall be made for reasonable delay caused by adjustment of insurance claims,
loss, strikes, governmental approval, labor difficulties or any cause beyond either party's
reasonable control.
ii. If the Lease is terminated in accordance with this Section 13.02(a), then Tenant shall
demolish the Tenant's Improvements and restore the Leased Premises to its condition priorto
the Lease Commencement Date, and the effective date of the termination shall occur upon
completion of such demolition and restoration work, as if such date were specified as the
expiration date of the Term. In such event, the insurance proceeds shall be applied to pay for
the demolition of the Tenant's Improvements and the restoration of the Leased Premises, as
previously provided, and thereafter, Tenant shall receive any remaining proceeds.
b. Remedies. If Tenant shall not enter upon the repair or rebuilding, or the demolition and
restoration, as the case may be, of the Tenant's Improvements within the period specified in Section
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8.03(a) and prosecute same thereafter with such dispatch as may be necessary to complete same within
said period, then, in addition to whatever other remedies Landlord may have either under this Lease, at
law or in equity, the money received by and then remaining in the hands of the Depositary shall be paid
to and retained by Landlord as security for the continued performance and observance by Tenant of the
Tenant's covenants and agreements hereunder, or Landlord may terminate this Lease and then be paid
and retain the amount so held as liquidated damages resulting from the failure on the part of Tenant to
comply with the provisions of Section 8.03(a).
c. Negotiation, Settlement and Adjustment of Insurance Proceeds. Tenant shall have the right to
settle the amount of the casualty loss with the insurance carriers, but no final settlement of a loss in
excess of Fifty Thousand Dollars ($50,000.00) may be made without Landlord's prior written consent
thereto.
d. Rent and Other Charges. Provided the Lease is not terminated as provided in Section 8.03(a),
neither Rent nor other charges shall be reduced or abated following damage or destruction or during
the period of repair, restoration or rebuilding. If the Lease is so terminated, Rent and other charges shall
be paid through the effective date of such termination.
Ie13111L414WIl
ASSIGNMENT AND SUBLETTING
8.01 Binding Effect. The Lease shall be binding upon and shall inure to the benefit of the parties hereto
and their respective heirs, personal representatives, successors, and assigns.
8.02 Assignments. Tenant may not sell, transfer, or assign this Lease (either directly or indirectly) or any
legal or beneficial interest therein, or sublease all or any part of the Leased Premises without the prior
written consent of the Landlord, which consent may be withheld at Landlord's sole discretion. In
exercise of its discretion as to such a proposed sale, transfer or assignment by Tenant, Landlord, in the
event that a proposed sale, transfer or assignment by Tenant provides for payment to Tenant an
amount of rent greater than the amount of Tenant's rent obligation herein at the time, Landlord may
require that a percentage of the difference between the rental amounts be paid to Landlord. Tenant
shall give Landlord written notice of any proposed assignment or sublease of the Leased Premises, and
such notice shall provide (a) the name and address of the proposed assignee or sublessee, (b) the terms
of the proposed assignment or a copy of the proposed sublease, (c) the most recent financial statements
of the proposed assignee or sublessee and (d) such other information as Landlord may reasonably
request. Any assignment or sublease made by Tenant without Landlord's consent in violation of this
Section 10.02 shall be voidable at Landlord's option and shall constitute an Event of Default. Landlord's
consent to anyone assignment or sublease shall not be deemed a waiver of this Section 10.02 with
respect to any subsequent assignment or sublease nor consent to any subsequent assignment or
sublease. Absent the Landlord's agreement to the contrary, following assignment, whether with or
without the Landlords' consent, Tenant will remain liable for all Lease obligations.
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ARTICLE IX
MORTGAGES
9.01 Leasehold Mortgage.
a. General Provisions. Tenant, and any successor or permitted assignee of Tenant shall not, at
any time during the Term, pledge, mortgage or encumber the Lease and/or the Leased Premises
demised hereunder, or Tenant's Improvements, without Landlord's prior written consent, which consent
Landlord may, in its sole discretion, withhold. Any such pledge, mortgage or encumbrance made by and
entered into with Landlord's consent, is herein referred to as a "Leasehold Mortgage". Any Leasehold
Mortgage made by and entered into by Tenant without Landlord's consent in violation of this Section
11.01 shall be voidable at Landlord's option, and shall constitute an Event of Default.
b. Landlord's Forbearance; Foreclosure by Leasehold Mortgagee. Landlord hereby agrees that
for the benefit of a Leasehold Mortgagee holding a Leasehold Mortgage and the successors and assigns
of such Leasehold Mortgagee:
i. When giving notice to Tenant with respect to any default under the Lease or any
exercise of any right to terminate the Lease, Landlord will also give a copy of such notice to the
Leasehold Mortgagee at the address of the Leasehold Mortgagee furnished to Landlord. No such
notice to Tenant shall be deemed to affect any rights of the Leasehold Mortgagee unless or until
such notice is given in said manner to such Leasehold Mortgagee.
ii. In case Tenant shall default in respect of any of the provisions of the Lease, the
Leasehold Mortgagee shall have the right, but not the obligation, to cure such default, and
Landlord shall accept payment and/or performance by or on behalf of such Leasehold
Mortgagee as though, and with the same effect, as if the same had been done or performed by
Tenant. The Leasehold Mortgagee will have a period of time after the service of any notice of a
default hereunder upon it within which to cure the default specified in such notice, or cause it to
be cured, which is the same period for cure, if any, as is available to Tenant under the Lease for
the specified default, plus an additional period of thirty (30) days. In the event of a default (or in
the eVi9nt that Landlord is seeking to terminate the Lease by reason of a default) which cannot
reasonably be cured within said period because of Tenant's possession of the Leased Premises,
Landlord shall forebear from exercising its rights to terminate the Lease as against Leasehold
Mortgagee (while reserving all rights against Tenant) on account of such default provided that
the Leasehold Mortgagee: (A) has cured all defaults which can reasonably be cured within the
period of time allotted for cure, (8) within said period has notified Landlord of its intent to cure
all other defaults in a notice which specifies the proceedings by which the Leasehold Mortgagee
intends to secure possession of the Leased Premises, (C) has begun proceedings to secure
possession within the said period, and (D) thereafter prosecutes such proceedings with
reasonable diligence. The notice specified in clause (8) above shall contain an assumption by the
Leasehold Mortgagee of all of Tenants restrictions and obligations hereunder.
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iii. No default will be deemed to exist as against any Leasehold Mortgagee and Landlord
shall have no right, and shall take no action, to effect a termination of the Lease as against any
Leasehold Mortgagee until the Leasehold Mortgagee has had the opportunity to cure such
default specified in clause (ii) above. If the Leasehold Mortgagee, by foreclosure or otherwise,
acquires Tenant's leasehold estate, the Leasehold Mortgagee shall be subject to all Lease
Restrictions and shall be liable for all Tenant's obligations accruing thereafter to the same extent
as the prior Tenant would have been so liable.
iv. Provided that the Leasehold Mortgagee has complied with Subsection (ii) of this
Section, any default of Tenant under any provision of the Lease which is not reasonably
susceptible of being cured by a Leasehold Mortgagee during the cure period specified in
Subsection (ii) of this Section shall be cured by Leasehold Mortgagee or any other purchasers or
transferees of Tenants interest under this Lease, whether at judicial foreclosure, trustee's sale or
by an assignment of the Lease in lieu of foreclosure within thirty (30) days after acquisition.
v. A Leasehold Mortgagee (or its designee or nominee) may become the legal owner and
holder of the interest of Tenant under the Lease, including without limitation, the interest of
Tenant in all Tenant's Improvements and Personal Property, by foreclosure or other
enforcement proceedings, or by obtaining an assignment of the Lease and a conveyance of the
Tenant's Improvements and Personal Property in lieu of foreclosure or through settlement of or
arising out of any pending or threatened foreclosure proceeding, without Landlord's consent,
but subject always to the applicable terms, provisions, obligations, and restrictions of the Lease.
Upon such acquisition of legal ownership, such Leasehold Mortgagee (or its designee or
nominee) shall be liable for all obligations under the Lease accruing thereafter to the same
extent as the Tenant would have been. In such event, Leasehold Mortgagee (or, if said
Leasehold Mortgagee has not yet become a successor Tenant hereto, then its designee or
nominee) shall have the right thereafter to assign the Lease and convey the Tenant's
Improvements and Personal Property subject to all other applicable terms, provisions,
obligations, and restrictions of the Lease.
vi. If Tenant fails to observe or perform any of its obligations under the Lease, Leasehold
Mortgagee may, but shall not be obligated to, observe or perform such obligations for and on
behalf of Tenant, whether or not Tenant shall be in default under the Lease.
c. Notices to Leasehold Mortgagees. Any notice or other communication which Landlord shall
desire or is required to give to or serve upon a Leasehold Mortgagee shall be in writing and shall be
served by registered or certified mail or by commercial courier service addressed to such holder at the
address as shall be designated from time to time by such Leasehold Mortgagee and shall mail a copy of
said notice by ordinary mail. Any notice or other communication which any Leasehold Mortgagee shall
desire or is required to give to or serve upon Landlord shall be deemed to have been given or served if
sent by registered or certified mail or by commercial courier service addressed to Landlord at Landlord's
address as set forth in the provisions of the Lease providing for notices to Landlord or at such other
address as shall be designated from time to time by Landlord by notice in writing given to such
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Leasehold Mortgagee by registered or certified mail or by commercial courier service. Any notice given
pursuant hereto shall be effective when received or refused.
d. Non -Merger. No union of the interests of Landlord and Tenant shall result in a merger of the
Lease and the fee interests in the Leased Premises without the prior written consent of any Leasehold
Mortgagee.
ARTICLE X
EASEMENTS
10.01 Generally. This Lease and the rights granted to Tenant hereunder are expressly made subject and
subordinate to any and all existing easements on the Leased Premises, and Tenant shall not in any way
act to alter, obstruct, disturb or otherwise impair any of said easements nor grant additional easements
on or affecting the Leased Premises during the term of this Lease without Landlord's prior written
consent.
ARTICLE XI
DEFAULT
11.01 Events of Default. The following shall constitute "Events of Default":
a. Monetary. Tenant shall fail to pay Rent at the time required or any other monetary obligation
or payment required under this Lease when due, and such failure shall continue for a period of ten (10)
days following written notice from Landlord to Tenant; or
b. Non-performance. Tenant shall fail to observe or perform any of the other covenants, terms
or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and
complete, and such failure shall continue and not be cured for a period of thirty (30) days after written
notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of being cured
within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence
such cure or fails thereafter to diligently pursue such efforts to completion; or
c. Bankruptcy: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization or
for an arrangement pursuant to any present or future federal or state bankruptcy law or under any
similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the
benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or
if a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant
under any present or future federal or state bankruptcy law or any similar federal or state law is filed in
any court and such petition or answer is not discharged or denied within thirty (30) days after the filing
thereof, or (ii) A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant
or of the Leased Premises or any portion thereof is appointed in any proceeding brought by or against
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 29 of 71
Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or
acquiesces in such appointment.
11.02 Landlord's Rights upon an Event of Default. Upon the occurrence of an Event of Default by Tenant,
or at any time thereafter during the continuance of such Event of Default, Landlord may take any of the
following actions and shall have the following rights against Tenant:
a. Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30) days'
prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this Lease
and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if
such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as
provided in Section 13.02(c).
b. Eviction. Landlord 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 Section 11.02(a), by
operation of law or otherwise, and no repossession of the Leased Premises or any part thereof pursuant
to Section 13.02(b) or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of
which shall survive such termination, repossession or reletting.
d. Damages. In the event of any termination of this Lease or eviction from or repossession of the
Leased Premises or any part thereof by reason of the occurrence of an Event of Default:
i Rent and Charges. Tenant shall pay to Landlord the Rent and other sums and charges
required to be paid by Tenant for the period to and including the end of the Term or expiration
of an option period as provided for by Section 3.02 herein, whichever is later.
e. Rights Cumulative, Non -Waiver. No right or remedy herein conferred upon or reserved to
Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy
shall be cumUlative and in addition to any other right or remedy given hereunder or now or hereafter
existing at law or in equity or by statute. In addition to the other remedies provided in this Lease,
Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the
violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or
provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy
allowed to Landlord at law or in equity.
f. Landlord's Right to Cure. If Tenant fails to pay any utilities charges described in Article IV,
insurance premiums described in Article Vill, the cost of any of the repairs or maintenance required to
be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid
under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in
addition to its other remedies under this Article A Landlord shall have the option of requiring Tenant to
repay to Landlord the amount of such payments (which shall be deemed additional rent hereunder) on
demand with interest after demand at 10% rate per annum. (the "Default Rate").
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 30 of 71
g. Late Charge, Default Rate. If Landlord does not receive payment of any installment of Rent or
any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after
the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord may
impose a late charge equal to five percent (5%) of the amount of such delinquent sum and if such sum is
not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest
at the Default Rate from the due date until the date paid.
h. Landlord's Lien. Landlord shall have a lien against Tenant's leasehold estate, Tenant's
Improvements and all property of Tenant located at the Leased Premises, to secure any obligations of
Tenant to Landlord arising pursuant to the provisions of this Lease.
11.03 No Implied Waiver. The failure of Landlord to insist upon strict performance of any of the
covenants or conditions of the Lease, or to exercise any options herein conferred in anyone or more
instances shall not be construed as a waiver or relinquishment for the future of any such covenant,
condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of
any Rent or any other sum payable hereunder with knowledge of the breach of any covenants or
agreements contained herein shall not be deemed a waiver of such breach.
FAR 144*1411
ABANDONMENT
12.01 Abandonment. Tenant shall not vacate or abandon the Leased Premises at any time during the
Term of this Lease. If Tenant shall vacate or abandon the Leased Premises, the right of possession shall,
at the option of Landlord, revert to Landlord and Tenant shall lose all right to possession of the Leased
Premises and Tenant's Improvements; however, Tenant shall otherwise remain liable on this Lease.
Landlord shall then, without further notice, have the remedies provided for in Article XIII herein.
ARTICLE XIII
ENVIRONMENTAL CONDITIONS
13.01 Definitions. As used in this Lease, the phrase "Environmental Condition" shall mean: (a) any
adverse condition relating to surface water, ground water, drinking water supply, land, surface or
subsurface, strata or the ambient air, and includes, without limitation, air, land and water pollutants,
noise, vibration, light and odors, or (b) any condition which may result in a claim of liability under the
Comprehensive Environmental Response Compensation and Liability Act, as amended, or the Resource
Conversation and Recovery Act, or any claim of violation of the Clean Air Act, the Clean Water Act, the
Toxic Substance Control Act, or any claim of liability or of violation under any federal statute hereafter
enacted dealing with the protection of the environment, or under any rule, regulation, permit or plan
under any of the foregoing, or under any law, rule or regulation now or hereafter promulgated by the
state in which the Leased Premises are located, or any political subdivision thereof, relating to such
matters (collectively "Environmental Laws").
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 31 of 71
13.02 Compliance by Tenant. Tenant shall, at all times during the Term, comply with all Environmental
Laws applicable to the Leased Premises and shall not, in the use and occupancy of the Leased Premises,
cause or contribute to, or permit or suffer any other party to cause or contribute to any Environmental
Condition.
13.03 Tenant's Indemnity. Tenant will protect, indemnify and save harmless the Landlord, City of Iowa
City, the partners of the Landlord, and all of the foregoing's respective partners, agents and employees
(collectively "Landlord's Indemnitees"), from and against all liabilities, obligations, claims, damages,
penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees
and expenses) of whatever kind or nature, contingent or otherwise, known or unknown, incurred or
imposed, based upon any Environmental Laws or resulting from any Environmental Condition occurring
or contributed to during the term of this Lease. In case any action, suit or proceeding is brought against
any of the parties indemnified herein by reason of any occurrence described in this Section 13.03,
Tenant will, at Tenant's expense, by counsel reasonably approved by Landlord, resist and defend such
action, suit or proceeding, or cause the same to be resisted and defended.
ARTICLE XIV
TENANT'S INDEMNIFICATION
14.01 Generally. To the extent not expressly prohibited by law, Tenant agrees to indemnify, save,
protect and hold forever harmless, Landlord, and all of Landlord's Indemnitees as defined in Section
13.03 hereinabove, from and against all losses, damages, costs, claims and liabilities, including, without
limitation, court costs and reasonable attorney's fees and expenses, which Landlord's Indemnitees, or
any of them, may become liable or obligated by reason of, resulting from or in connection with: (a) any
injury to or death of persons and damage to, or theft, misappropriation or loss of property occurring in
or about the Leased Premises or the Property arising from Tenant's use and occupancy of the Leased
Premises and/or the conduct of its business; (b) any activity, work or thing done, permitted or suffered
by Tenant in or about the Leased Premises, including all liabilities of every kind or description which may
arise out of or in connection therewith; and (c) any breach or default on the part of Tenant in the
payment or performance of any covenant, agreement or obligation on the part of Tenant to be paid or
performed pursuant to the terms of this Lease or any other act or omission of Tenant, its agents or
employees. In case of any action or proceeding brought against Landlord's Indemnitees, or any of them,
by reason of any such claims, Tenant covenants to defend such action or proceeding by counsel
reasonably satisfactory to Landlord and/or any particular Landlord's Indemnitee.
I_1:i1101WIO1
MISCELLANEOUS PROVISIONS
15.01 Access by Landlord.
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Meeting Date 02-18-16
Page 32 of 71
(a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at
least twenty-four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as
may be feasible under the circumstances shall be required) to enter upon the Leased Premises and
Tenant's Improvements for the purposes of inspecting the same, determining whether this Lease is
being complied with, curing (as permitted herein) any default by Tenant and showing the Leased
Premises to prospective Leasehold Mortgagees.
(b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever
necessary and without notice to enter upon the Leased Premises for the purpose of repairing or
maintaining any of Landlord's property adjacent to or abutting the Leased Premises.
15.02 Gender and Number. Words of any gender used in the Lease shall be held to include any other
gender, and words in the singular shall be held to include the plural, where required.
15.03 Notices. Notices, statements and other communications to be given under the terms of the
Lease shall be in writing and sent by certified or registered mail, or by commercial courier, return
receipt requested, and addressed as follows:
If to Landlord: With copies to:
Iowa City Airport
Commission
%Airport Manager 1801 S.
Riverside Dr.
Iowa City, IA 52240
City Attorney
410 E. Washington St.
Iowa City, IA 52240
If to Tenant:
Terry Edmonds
C1NbYiBIQiii.Y001lq
Solon, IA 52333
or at such other address as from time to time designated by the party receiving the notice. All
such notices shall be deemed to have been fully given, made or sent when made by personal
service or deposited in the United States Mail, Registered or Certified, postage prepaid.
15.04 Applicable Law. The laws of the State of Iowa shall govern the validity,
performance and enforcement of this Lease.
15.05 Partial Invalidity. If any provision of the Lease shall be invalid or unenforceable it
shall not affect the validity or enforceability of any other provisions of the Lease.
15.06 Heading. Headings as to the contents of particular sections herein are inserted only for
convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of
the particular section to which they refer.
15.07 Binding Effect. The covenants, conditions and agreements contained in the Lease shall bind, apply
to and inure to the benefit of the parties hereto and their respective successors.
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15.08 No Partnership. It is expressly understood that Landlord shall not be construed or held to be a
partner, joint venturer or associate of Tenant in the conduct of Tenant's business and that the
relationship between the parties hereto is and shall at all times remain that of landlord and tenant.
15.09 Holding Over. The Lease shall terminate without further notice at expiration of the Term. Any
holding over by Tenant or any party claiming by, through or under Tenant after expiration shall not
constitute a renewal or extension or give Tenant any rights in or to the Leased Premises. In the event of
any holding over, Landlord may exercise any and all remedies available to it under Article XIII herein or
at law or in equity to recover possession of the Leased Premises, and for damages.
15.10 Time is of the Essence. Time is of the essence in this Lease.
15.11 Entire Agreement; Merger. The Lease contains all the agreements and conditions made between
the parties hereto with respect to the matters contained herein and may not be modified orally or in
any other manner than by an Agreement in writing signed by all the parties hereto or their respective
successors. All prior written and oral understandings and agreements shall be deemed to have merged
into the Lease and have no further force and effect.
15.12 Counterparts. This Lease may be executed in counterparts, each of which shall be deemed to be
an original and all of which shall, when taken together, constitute but one and the same instrument.
15.13 Apron Construction. Landlord agrees to reimburse 100%of cost to install apron between exisiting
hangar k and new hangar. Landlord agrees to reimburse 50%of cost to install apron in front of new
hanger.
15.14 Utility Access. Landlord agrees to install new electric and gas services in the area for future
growth. Tenant will be responsible for connection to, and running utilities from these locations to the
proposed hangar.
15.15 FAA Airspace Study. Tenant shall request an Obstruction Evaluation / Airport
Airspace Analysis (OE/AAA) under CFR Title 14 Part 77. Tenant shall not commence
construction activity until said study is returned with a "DETERMINATION OF NO HAZARD TO
AIR NAVIGATION" as the study result.
ARTICLE XVI
FAA PROVISIONS
16.01 Commission Control. The Landlord reserves the right, but shall not be obligated to the Tenant, to
maintain and keep in repair the landing area of the Airport and publicly owned facilities of the Airport,
without hindrance from the Tenant. The Landlord reserves the right to take action it considers necessary
to protect the aerial approaches of the Airport against obstructions. The Tenant shall not act as an agent
or represent itself as an agent for the Commission in matters between the Federal Aviation
Administration and the Landlord
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 34 of 71
16.02. Landlord Improvements. The Landlord reserves the right to further develop or improve the
landing area and al/ publicly owned aviation facilities of the Airport as it sees fit, without interference or
hindrance from the Tenant.
16.03. 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 Landlord reserves the right to grant to others the privilege and right of
conducting any activity of an aeronautical nature.
16.04 Grant Assurances. This Lease shall be subordinate to the provisions of any outstanding or future
agreement between Landlord and the United States government or the State of Iowa relative to the
maintenance, operation, or development of the Iowa City Municipal Airport. Tenant acknowledges and
agrees that the rights granted to Tenant in this Lease will not be exercised so as to interfere with or
adversely affect the use, operation, maintenance or development of said Airport.
16.05 Right of Flight. Tenant acknowledges that the City of Iowa City, Iowa is authorized by law to own
and operate the Iowa City Municipal Airport located in Johnson County, Iowa near the Leased Premises.
There is hereby reserved to Landlord, 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
Leased Premises herein conveyed, together with the right to cause in said airspace such noise,
vibrations, fumes, dust, and particles 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. Tenant foregoes and waives any and all claims for damages, of
whatever kind or type, which are reasonably likely to occur in the future as a result of aircraft using the
"navigable airspace", as defined by the Federal Aviation Act of 1958 (49 U.S.C. 40102(a)(30))and
regulations promulgated thereunder over and above the Leased Premises, including but not limited to,
damages resulting from noise, vibration, fumes, dust and particles. Tenant grants to the Landlord, its
successors and assigns, a continuing right to keep the air space above the Airport Imaginary Surfaces as
described in Federal Aviation Regulations Part 77 and depicted on the Airport Layout Plan (ALP) clear of
any and all fences, crops, trees, poles, building or other obstructions of any kind or nature whatsoever
which now extend, or which may any any time in the future extend, above said surfaces. Tenant grants
the Landlord the right of ingress to, egress from, and passage over the Leased Premises for the purpose
of effecting and maintaining such clearance and of removing any and all obstructions which now or may
hereafter extend above the Airport Imaginary Surfaces as described in Federal Aviation Regulations Part
77 and depicted in the ALP.
16.06. Additional FAA Provisions.
(a) The Tenant for himself, his 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 Lease for a purpose for which c:) Department of Transportation program or
activity is extended or for another purpose involving the provision of similar services or benefits, Tenant
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 35 of 71
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) The Tenant, for himself, his personal representative, 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: (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 the Tenant, shall use the
premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said
Regulations may be amended.
(c) Landlord reserves the right further to develop or improve the landing area and all publicly -
owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of Tenant,
and without interferences or hindrance.
(d) Landlord reserves the right to take any action it considers necessary to protect the serial
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
Landlord would limit the usefulness of the airport or constitute a hazard to aircraft.
(e) During time of war or national emergency Landlord 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.
(f) 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
(g) The Lease shall become subordinate to provisions of any existing or future agreement
between the Landlord 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.
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 36 of 71
EXHIBIT A
Leased Premises
A location 30 feet south of Hangar K. An area 56 feet wide by 54 feet deep (3024 square feet) for the
purposes of construction of a hangar building.
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
Page 37 of 71
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr. Iowa City, IA 52246 (319) 350 5045
RESOLUTION NO.
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE ON COST FOR "2016 TERMINAL APRON EXPANSION" CONSTRUCTION
PROJECT AT THE IOWA CITY MUNICIPAL AIRPORT
WHEREAS, notice of public hearing on the plans specifications, form of contract and estimate of cost for
the above -named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT:
1. The plans, specifications, form of contract and estimate of cost for the above -named project
are hereby approved
2. The amount of bid security to accompany each bid for the construction of the above -named
project shall be in the amount of 10% (ten percent) of bid payable to the Iowa City Airport
Commission
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above -named project in a newspaper published at least once weekly
and having a general circulation in the city.
4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa at
the Office of the City Clerk, at the City Hall, before 2:00pm on the 30th day of March, 2016.
At that time, the bids will be opened and announced by the City Clerk or her designee, and
thereupon referred to the Iowa City Airport Commission for action upon said bids at its next
regular meeting, to be held at the Terminal Building, Iowa City Airport, 1801 S. Riverside
Drive, Iowa City, Iowa, at 6:00pm on the 21' day of April 2016, or if said meeting is
cancelled, at the next meeting of the Airport Commission thereafter as posted by the City
Clerk.
Passed and approved this
CHAIRPERSON
ATTEST:
SECRETARY
day of
It was moved by and seconded by
adopted, and upon roll call there were:
Ayes
Nays
2016.
Approved By:
City Attorney's Office
Absent
the Resolution be
Assouline
Bockenstedt
Gardinier
Odgaard
Ogren
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
Page 38 of 71
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr. Iowa City, IA 52246 (319) 350 5045
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CHAIRPERSON TO EXECUTE AND THE
SECRETARY TO ATTEST TO A LAND LEASE BETWEEN THE AIRPORT
COMMISSION OF THE CITY OF IOWA CITY, IOWA, AND THE UNITED
STATES GOVERNMENT
WHEREAS, the Airport Commission of the City of Iowa City has negotiated a lease for land as
described in Exhibit A; and
WHEREAS, the previous lease agreement has expired, and
WHEREAS, the Commission finds the proposed lease to be proper and in the best interest of the
Iowa City Municipal Airport; and
WHEREAS, the term of the lease shall be from March 1, 2016 through February 28, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE
CITY OF IOWA CITY:
1. That the attached land lease between the Airport Commission and the U.S. Government
is hereby approved.
2. That the Chairperson is directed and authorized to execute and the Secretary to attest to
said land lease.
It was moved by
and upon roll call there were:
Ayes
Passed and approved this
CHAIRPERSON
ATTEST:
SECRETARY
and seconded by
Nays
day of
2016.
the Resolution be adopted,
Absent
_ Assouline
_ Bockenstedt
_ Gardiner
_ Odgaard
_ Ogren
Approved By:
City Attorney's Office
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 39 of 71
YOU COPY
DACA45-5-16-00006
U.S. GOVERNMENT LEASE FOR REAL PROPERTY
DATE OF LEASE LEASE NO. DACA45-5-16-00006
THIS LEASE, made and entered into this date, by and between the Iowa City Airport
Commission whose address is 1801 South Riverside Drive, Iowa City, Iowa 52248, which
administers land owned by the City of Iowa City, hereinafter called the Lessor, and the UNITED
STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and
agree as follows:
1. The Lessor hereby leases to the Government the following described premises:
Exclusive use of approximately 24,000 square feet of land, described as a level fenced in storage
area located: immediately to the West of the adjacent U.S. Army Reserve Center whose address
is 1913 South Riverside Drive, Iowa City, Iowa 52248 as more particularly shown on Exhibit
c°A", attached hereto and made a part hereof, to be used for Government purposes.
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning
on 01 March 2016 through 28 February 2017, subject to termination and renewal rights as
may be hereinafter set forth. Nothing in this lease shall constitute, or be deemed to constitute, an
obligation of future appropriations by the United States or considered as implying that the
Congress will appropriate additional funds.
3. The Government shall pay the Lessor annual rent of Four Thousand Four Hundred
Twenty -Five Dollars ($4,425.00) at the rate of Three Hundred Sixty Eight Dollars and
75/100 ($368.75) per month in arrears. Rent for a lesser period shall be prorated. All payments
by the Government under the terms of this lease shall be made payable to: Iowa City Airport
Commission, 1801 South Riverside Drive, Iowa City, Iowa 52248 via electronic funds transfer
(EFT) (as referenced in the General Clauses and Conditions.)
Payments shall be made by the Army Reserves 88d' RSC, via
DFAS Indianapolis Center
8899 E. 56d' Street
Attn: Dept. 3800
Indianapolis, IN 46249-3800
4. The Government may terminate this lease at any time by giving at least 30 days' notice in
writing to the Lessor and no rental shall accrue after the effective date of termination. Said
notice shall be computed commencing with the day after the date of mailing.
5. This lease shall be automatically renewed from year-to-year without further notice unless
and until the Government shall give notice of termination in accordance with clause 4;
provided that adequate appropriations are available from year-to-year for the payment of
rentals; and provided further, that this lease shall in no event extend beyond 28 February
2021.
STANDARD FORM 2 (Rev. 612003)
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 40 of 71
DACA45-5-16-00006
6. The following are attached and made a part hereof:
a. The General Clauses, Conditions and Instructions (1-37)
b. Representations and Certifications (1-2)
c. Exhibit" A ", Site Plan
7. The following changes were made in this lease prior to its execution: NOTICES: Any
notice under the terms of this Lease is to be given in writing and delivered by "Certified
Mail, Return Receipt Requested" or registered mail, Express Mail or comparable
service, or delivered by hand and delivery, whether accepted or refused, attempted
delivery, or marked undeliverable, shall be deemed notice under the terms of this
Lease. Any notice given by the Lessor to the Government shall be addressed to:
Omaha District Commander, U.S. Army Engineer District, ATTN: CENWO-RE-M, 1616
Capitol Avenue, Suite 9000, Omaha, Nebraska 68102-4901; with reference to the
Lease number: DACA45-5-16-00006. Any notice given by the Government to the
Lessor or his agent shall be addressed to: Michael Tharp; Iowa City Airport
Commission, Iowa City, Iowa 52248, Email: Michael-Tharp@iowa-city.org and
Phone Number: (319)356-5045 Ext. 5 For maintenance purposes notice shall be
addressed to: [Michael Tharp, (319)356-5045 Ext. 5, Michael-Tharp@iowa-city.org]
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed, their names as of the date
first above written.
LESSOR: LESSOR:
MINNETTA GARDINIER
(Signature)
(Signature)
GOVERNMENT:
DAVE V. CHIPMAN
Chief, Real Estate Division
Real Estate Contracting Officer
Fund Citation: 021 208010D16 131 R79QDPW 2320 M.0003043.18.328 021001
STANDARD FORM 2 (R=v. 612003) 2
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
Page 41 of 71
DACA45-5-16-00006
General Clauses and Conditions:
1.DEFINITIONS (SEP 1999) (VARIATION) —
552.270-4:
The following terms and phrases (except as otherwise
expressly provided or unless the context otherwise
requires) for all purposes of this lease shall have the
respective meanings hereinafter specified:
(a) "Casualty" means, but is not limited to, acts of
nature, such as fire, lightning, earthquakes, floods, or
severe weather and acts of war or terrorism.
(b) "Commencement Date" means the first day
of the term.
(c) "Common area" means "that part of the
premises provided, designated, and maintained by
the Lessor for the common use of all tenants;
including but not limited to, private streets and
driveways, curbs, parking areas, service alleys,
loading areas, retaining walls, sidewalks,
landscaping, lighting, hallways, restrooms, stairwells,
and elevators."
(d) "Contract" and "Contractor" means "Lease"
and "Lessor," respectively.
(a) "Contracting Officer" or "Government"
means a person with the authority to enter into,
administer, and/or terminate contracts and make
related determinations and findings. The term
includes certain authorized representatives of the
Government acting within the limits of their authority
as delegated by the Government.
(f) "Delivery Date" means the date specified in
or determined pursuant to the provisions of this
lease for delivery of the premises to the
Government, improved in accordance with the
provisions of this lease and substantially complete,
as such date may be modified in accordance with
the provisions of this lease.
(g) "Delivery Time" means the number of days
provided by this lease for delivery of the premises to
the Government, as such number may be modified
in accordance with the provisions of this lease.
(h) "Effective Date" means the date on which the
lease is signed by the Government.
(i) "Excusable Delays" mean delays arising
without the fault or negligence of Lessor and
Lessor's subcontractors and suppliers at any tier,
and shall include, without limitation:
(1) acts of God or of the public enemy,
(2) acts of the United States of America in
either its sovereign or contractual capacity,
(3) acts of another contractor in the
performance of a contract with the Government,
(4) fires,
(5) floods,
(6) epidemics,
(7) quarantine restrictions,
(8) strikes,
(9) freight embargoes,
(10) unusually severe weather, or
(11) delays of subcontractors or suppliers at
any tier arising from unforeseeable causes beyond
the control and without the fault or negligence of
both the Lessor and any such subcontractor or
supplier.
Q) "Lessee" means "Government."
(k) "Lessor" means "Owner" or the sub -Lessor if
this lease is a sublease.
(1) "Lessor shall provide" means the Lessor shall
furnish and install at Lessor's Expense.
(m) "Notice". Unless otherwise stated or in case
of an emergency or threat to health, safety, and
security, "Notice" means written notice sent by
certified or registered mail, Express Mail or
comparable service, or delivered by hand. Notice
shall be effective commencing on the day after the
date the notice is mailed.
(n) "Premises" means the space described on
the U.S. Government Lease for Real Property lease
form.
(o) "Substantially complete" and "substantial
completion" means that the work, the common and
other areas of the building, and all other things
necessary for the Government's access to the
premises and occupancy, possession, use and
enjoyment thereof, as provided in this lease, have
been completed or obtained, excepting only
such minor matters as do not interfere with or
materially diminish such access, occupancy,
possession, use or enjoyment.
(p) "Usable square feet" means the usable office
area or the area where a tenant normally houses
personnel and/or furniture, for which a measurement
is to be computed."
(q) "Work" means all alterations, improvements,
modifications, and other things required for the
preparation or continued occupancy of the premises
by the Government as specked in this lease.
2. ALTERATIONS: The Government shall have the
right during the existence of this lease to make
alterations, attach fixtures, and erect additions,
structures or signs in or upon the premises hereby
leased. Upon Government request, the Lessor
shall be required to obtain bids for the said work
and to provide the bids to the Government. Any
work to be performed through the Lessor will be
implemented by supplemental agreement. The
Government's portion of the expense will be paid on
a reimbursable basis. Such fixtures, additions, or
structures shall be and remain the property of the
Government, and may be removed prior to the
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expiration or termination of this lease or abandoned
in place.
3. RESTORATION:
a. The Lessor may, upon no less than ten (10)
days written notice to the Government before
termination or expiration of the lease, require
restoration of the leased premises, subject to the
exceptions to restoration stated below in paragraph b.
In this event, prior to the expiration or termination of
this lease, or a reasonable time thereafter, the
Government shall, at its sole election, either,
(1) Restore the premises to the same
condition as that existing at the time of entering into
the lease, or,
(2) Make appropriate settlement to the
Lessor representing either the diminution in the fair
market value of the property due to the failure to
restore, or the actual cost of restoration, whichever is
the lesser amount.
b. The Government shall not restore the
premises, either physically or by payment in lieu
thereof, for damages as a result of reasonable
ordinary wear and tear, the elements or
circumstances over which the Government has no
control, or alterations, or damages thereto, which the
Government installed at its expense or the Lessor
installed and was reimbursed by the Government
through payment thereof-
c. CONDITION REPORTS: A joint physical
survey and inspection of the demised premises shall
be made as of the delivery date contained in this
lease, reflecting the then present condition, and will
be documented on behalf of the parties hereto. Upon
expiration or termination of this lease, a final
inspection shall be conducted by representatives of
both the Lessor and the Government. If restoration of
damages is required, they shall be in written form
signed on behalf of both parties and this lease
amended by supplemental agreement.
4. DAMAGES: The Lessee shall be liable only for
damages resulting from negligence or misconduct of
Lessee personnel. The Lessee shall not be liable for
any loss, destruction or damages to the premises
beyond the control and without the fault or negligence
of the Lessee, including but not restricted to, acts of
nature, such as fire, lightning, earthquakes, floods, or
severe weather and acts of war or terrorism. The
parties agree that settlement of damages by the
Lessee, if any, shall be done at termination of the
lease. The Government's liability under this clause
may not exceed appropriations available for such
payment and nothing contained in this agreement
may be considered as implying that Congress will at a
later date appropriate funds sufficient to meet
deficiencies. The provisions of this clause are without
prejudice to any rights the Lessor may have to make
a claim under applicable laws for any other damages
than provided herein.
5. WARRANTY: The Lessor certifies the
mechanical equipment, building systems, and the
utilities to be in good serviceable and operating
condition and meet all building code requirements.
6. HAZARDOUS TOXIC WASTES:
a. The Lessor represents and certifies as part of
the terms of this Lease that the site, building, and
building space which are being leased to the
Government, to the best of his or her knowledge, are
not properties or structures with known or potential
environmental contamination including asbestos,
radon, or hazardous or toxic
materials/substances/wastes and such substances
have not been used on the said premises. This
certification is a material representation of fact upon
which the Government relies when entering into the
lease. If it is later determined that environmental
contamination is present, the Government reserves
the right to require the Lessor, at no cost to the
Government, to (1) remove such properties or
structures or contaminated materials, substances, or
wastes contained therein and restore the premises
to the satisfaction of the Government, or (2) to take
the necessary action to mitigate the hazardous or
toxic waste condition or other environmental
contamination, in accordance with local, state, and
Federal laws, or (3) in the alternative, the
Government, at its option, may terminate the lease
effective upon notification without any penalty
whatsoever. In addition to the rights under (1), (2),
and (3) above, if it is determined that the Lessor has
made a willful misrepresentation, the Lessor shall
also be responsible for all costs and expenses of
relocating to another location in the event the
Government in its discretion determines it necessary
to relocate to other premises.
b. The Lessor shall immediately notify the
Government of any hazardous or toxic conditions or
other environmental contamination in any part of the
leased premises upon obtaining knowledge of the
same.
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7. CHANGE OF OWNERSHIP:
a. If, during the term of this lease, including any
renewals or extensions, title to this property is
transferred to another party either by sale,
foreclosure, condemnation, assignment, or other
transaction, the Lessor (transferor) shall promptly
notify the Government of said transfer. The
following information shall accompany such
notification:
(1) A copy of the deed or other appropriate
instrument transferring title or sufficient interest to
lease to the property from the transferor to the new
owner.
(2) The new owner's tax identification or
social security number.
b. The foregoing information must be received
not later than twenty (20) days after the effective
date of transfer of title. In any instance, failure to
submit the documentation required for a transfer of
title will result in a suspension of rental payments
until such time as all documentation is received by
the Government.
c. When the title to premises leased to the
Government is transferred, a supplemental
agreement shall be entered into by the old
(Transferor) and new (Transferee) owners and the
Government to reflect such change of ownership.
8. CHANGES (SEP 1999) (VARIATION) - 552.270-
14
The Government may at any time, by written
supplemental agreement, make changes or
variations to the original lease agreement.
9. INVOICE REQUIREMENTS (SEP 1999)
(VARIATION) - 552.232-70
(This clause applies to payments other than rent.)
Invoices shall be submitted in an original only,
unless otherwise specified, to the designated billing
office specified in this lease or order, including the
lease number and address of the leased premises.
10. DELIVERY AND CONDITION (SEP 19991 -
552.270-17
The space must be delivered ready for occupancy
as a complete unit. The Government reserves the
right to determine when the space is substantially
complete. If the premises do not in every respect
comply with the provisions of this lease the
Government may, in accordance with the Failure in
Performance clause of this lease, elect to reduce the
rent payments.
11. DEFAULT IN DELIVERY —TIME EXTENSIONS
(SEP 1999) (VARIATION) - 552.270-18
a. With respect to Lessor's obligation to deliver
the premises substantially complete by the delivery
date, time is of the essence. If the Lessor fails to
work diligently to ensure its substantial completion
by the delivery date or fails to substantially complete
the work by such date, the Government may by
notice to the Lessor terminate this lease. Such
termination is effective the day after the date notice
is mailed to the Lessor. The Lessor and the Lessor's
sureties, if any, are jointly and severally liable for
any damages to the Government resulting from such
termination, as provided in this clause.
b. The Government shall not terminate this
lease under this clause nor charge the Lessor with
damages under this clause, if (1) the delay in
substantially completing the work arises from
excusable delays and (2) the Lessor within 10 days
from the beginning of any such delay (unless
extended in writing by the Government) provides
notice to the Government of the causes of delay.
The Government shall ascertain the facts and the
extent of delay. If the facts warrant, the Government
shall extend the delivery date, to the extent of such
delay at no additional costs to the Government. A
time extension is the sole remedy of the Lessor.
12. ACCEPTANCE OF SPACE (SEP 1999) -
552.270-29
a. When the Lessor has completed all
alterations, improvements, and repairs necessary to
meet the requirements of the lease, the Lessor shall
notify the Government. The Government's
designated representative may promptly inspect the
space.
b. The Government will accept the space and
the lease term will begin after determining that the
space is substantially complete and contains the
required square footage as indicated in the site plan
attached as Exhibit "A", or floor plan attached as
Exhibit "B".
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13. EFFECT OF ACCEPTANCE AND
OCCUPANCY (SEP 19991 - 552.270-21 Neither
the Government's acceptance of the premises for
occupancy or the Government's occupancy thereof,
shall be construed as a waiver of any requirement of
or right of the Government under this Lease, or as
otherwise prejudicing the Government with respect
to any such requirement or right.
14. MAINTENANCE OF BUILDING AND
PREMISES —RIGHT OF ENTRY (SEP 19991 -
552.270-6
a. Except in case of damage arising out of the
willful act or negligence of a Government employee,
Lessor shall maintain the premises, including the
building, building systems, and all equipment, fixtures,
and appurtenances furnished by the Lessor under this
lease, in good repair and condition so that they are
suitable in appearance and capable of supplying such
heat, air conditioning, light, ventilation, safety
systems, health conditions, access and other things
to the premises, without reasonably preventable or
recurring disruption, as is required for the
Government's access to, occupancy, possession, use
and enjoyment of the premises as provided in this
lease. For the purpose of so maintaining the
premises, the Lessor, its agents, representatives,
contractors and assigns may at reasonable times
(within 24 hours notice) enter the premises with the
approval of and accompanied by the authorized
Government representative in charge.
b. Emergency Maintenance and Repairs. The
Lessee will notify the Lessor of any emergency and
request the Lessor to perform the necessary work.
All emergency maintenance and repairs performed by
the Lessor will be completed within 48 hours from the
time of notification. Emergency maintenance and
repairs include but are not limited to:
(1) failure of heating/cooling system to
maintain specific temperature
(2) failure of water system, including hot
water
(3) inadequate or no water pressure
(4) leaking water pipes
(5) blocked or leaking drains
(6) electrical failure
(7) sewage system malfunction
(8) failure of security and fire protection
systems, including alarms and
sprinklers
(9) Repair/replace exterior windows and
doors including plate glass if applicable.
In the event the Lessor shall fail to perform
emergency maintenance and repairs within 48 hours
or to perform non -emergency maintenance and
repairs within 5 days from the date notice is given by
the Lessee, the Lessee may immediately perform or
have performed such maintenance and repairs and
deduct all costs thereof from the rental or other
charges due or to become due under the terms of this
iease.
15. FIRE AND CASUALTY DAMAGE (SEP 1999
- 552.270-7 If the entire premises are destroyed by
fire or other casualty, this lease will immediately
terminate. In case of partial destruction or damage,
so as to render the premises untenantable, as
determined by the Government, the Government
may terminate the lease by giving written notice to
the Lessor within 15 calendar days of the fire or
other casualty; if so terminated, no rent will accrue to
the Lessor after such partial destruction or damage;
and if not so terminated, the rent will be reduced
proportionately by supplemental agreement hereto
effective from the date of such partial destruction or
damage.
Nothing in this lease shall be construed as relieving
Lessor from liability for damage to or destruction of
property of the United States of America caused by
the willful or negligent act or omission of Lessor.
16. COMPLIANCE WITH APPLICABLE LAW
(SEP 1999) - 552.270-8
a. Lessor shall comply with all Federal, state
and local laws applicable to the Lessor as owner or
Lessor, or both, of the building or premises. This
lease shall be governed by Federal law.
b. SECURITY. Exit signs, emergency fighting,
portable fire extinguishers, and fire protection
systems, such as sprinkler systems and alarms,
which meet fire protection standards established by
applicable state statutes, fire regulations, building
codes, or local ordinances, shall be provided and
maintained by the Lessor. This includes, but is not
limited to, the recharging of fire extinguishers and
replacement of long life batteries (lithium) in smoke
detectors. Equipment, services or utilities furnished,
and activities of other tenants shall be free of safety,
health, and fire hazards.
17. FAILURE IN PERFORMANCE (SEP 1999) -
552.270-10 The Government may deduct from any
payments under this lease, then or thereafter due,
an amount which reflects the reduced value of the
contract requirement not performed. No deduction
from rent pursuant to this clause shall constitute a
default by the Government under this lease. These
remedies are not exclusive and are in addition to
any other remedies which may be available under
this lease or at law.
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18. DEFAULT BY LESSOR DURING THE TERM
(SEP 1999) - 552.270-22
a. Each of the following shall constitute a
default by Lessor under this lease:
(1) Failure to maintain, repair, operate or
service the premises as and when specified in this
lease, or failure to perform any other requirement of
this lease as and when required provided any such
failure shall remain uncured for a period of thirty (30)
days next following Lessor's receipt of notice thereof
from the Government or an authorized
representative.
(2) Repeated and unexcused failure by
Lessor to comply with one or more requirements of
this lease shall constitute a default notwithstanding
that one or all such failures shall have been timely
cured pursuant to this clause.
b. If a default occurs, the Government may, by
notice to Lessor, terminate this lease for default and
if so terminated, the Government shall be entitled to
the damages specified in the Default in
Delivery -Time Extensions clause.
19. ELECTRONIC FUNDS TRANSFER PAYMENT
(MAR 2000) (VARIATION) - 562.232-76
a. The Government will make payments under
this lease by electronic funds transfer (EFT).
b. Lessor's failure to properly designate a
financial institution or to provide appropriate payee
bank account information may delay payments of
amounts otherwise properly due.
20. PROMPT PAYMENT (SEP 1999) - 552.232-75
The Government will make payments under the terms
and conditions in the Prompt Payment Act.
21. SUBLETTING AND ASSIGNMENT (SEP 1999)
— 652.270.5 The Government may sublet any part of
the premises but shall not be relieved from any
obligations under this lease by reason of any such
subletting. The Government may at any time assign
this lease, and be relieved from all obligations to the
Lessor under this lease excepting only unpaid rent
and other liabilities, if any, that have accrued to the
date of said assignment. Any assignment shall be
subject to prior written consent of the Lessor, which
shall not be unreasonably withheld.
22. SUBSTITUTION OF TENANT AGENCY (SEP
1999) - 552.270-26 The Government may, at any
time and from time to time, substitute any
Government agency or agencies for the Government
agency or agencies.
23. ASSIGNMENT OF CLAIMS (JAN 1986) -
52.232-23
The Lessor, under the Assignment of Claims Act, as
amended, 31 USC 3727, 41 USC 15 (hereafter
referred to as the "the Act"), may assign its rights to
be paid amounts due or to become due as a result
of the performance of this contract to a bank, trust
company, or other financing institution, including any
Federal lending agency. The Lessor shall not furnish
or disclose to any assignee under this contract any
classified document (including this contract) or
information related to work under this contract until
the Government authorizes such action in writing.
24. SUBORDINATION, NONDISTURBANCE AND
ATTORNMENT (SEP 1999) - 552.270-23
Lessor warrants that it holds such title to or other
interest in the premises and other property as is
necessary to the Government's access to the
premises and full use and enjoyment thereof in
accordance with the provisions of this lease.
25. NO WAIVER (SEP 1999) - 552.270-26
No failure by either party to insist upon the strict
performance of any provision of this lease or to
exercise any right or remedy consequent upon a
breach thereof, and no acceptance of full or partial
rent or other performance by either party during the
continuance of any such breach shall constitute a
waiver of any such breach of such provision.
26. STATEMENT OF LEASE (SEP 1999) - 552.270-
24
The Contracting Officer will, within thirty (30)
days next following the Contracting Officer's receipt
of a joint written request from Lessor and a
prospective lender or purchaser of the building,
execute and deliver to Lessor a letter stating that the
same is issued subject to the conditions stated in
this clause and, if such is the case, that (1) the lease
is in full force and effect; (2) whether any notice of
default has been issued.
27. MUTUALITY OF OBLIGATION (SEP 1999) -
552.270-28 The obligations and covenants of the
Lessor, and the Government's obligation to pay rent
and other Government obligations and covenants,
arising under or related to this Lease, are
interdependent.
28. SUCCESSORS BOUND (SEP 1999) - 552.270-
11
This lease shall bind, and inure to the benefit of, the
parties and their respective heirs, executors,
administrators, successors, and assigns.
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29. INTEGRATED AGREEMENT (SEP 1999) -
552.270-27 This Lease, upon execution, contains
the entire agreement of the parties and no prior
written or oral agreement, express or implied, shall
be admissible to contradict the provisions of the
Lease.
30. DISPUTES (JUL 2002) - 52.233-1
This contract is subject to the Contract Disputes Act
of 1978, as amended (41 U.S.C. 601-613).
31. EXAMINATION OF RECORDS: The Lessor
agrees that any duly authorized Government
representative shall have the right, until the
expiration of three (3) years after final payment of
the agreed rental, to have access to and to examine
any directly pertinent books, documents, papers,
and records of the Lessor involving transactions
related to this lease.
32. GRATUITIES TO GOVERNMENT
a. The Government may, by written notice to
the Lessor, terminate the right of the Lessor to
proceed under this lease if it is found, after notice
and hearing, by the Secretary of the Army or his duly
authorized representative, that gratuities (in the form
of entertainment, gifts, or otherwise) were offered or
given by the Lessor, or any agency or representative
of the Lessor, to any officer or employee of the
Government with a view toward securing a lease or
securing favorable treatment with respect to the
awarding or amending, or the making of any
determinations with respect to the performing, of
such lease, provided, that the existence of facts
upon which the Secretary of the Army or his duly
authorized representative makes such findings shall
be in issue and may be reviewed in any competent
court.
b. In the event this lease is terminated as
provided in paragraph a. hereof the Government
shall be entitled (1) to pursue the same remedies
against the Lessor as it could pursue in the event of
a breach of the lease by the Lessor and (2) as a
penalty, in addition to any other damages to which it
may be entitled by law, to exemplary damages in an
amount (as determined by the Secretary of the Army
or his duly authorized representative) which shall be
not less than three (3) nor more than ten (10) times
the cost incurred by the Lessor in providing any such
gratuities to any such officer or employee.
c. The rights and remedies of the Government
provided in this clause shall not be exclusive and are
in addition to any other rights and remedies provided
by law or under this lease.
33. OFFICIALS NOT TO BENEFIT.
No Member of or Delegate to Congress, or Resident
Commissioner shall be admitted to any share or part
of this lease contract, or to any benefit that may
arise therefrom; but this provision shall not be
construed to extend to this lease contract if made
with a corporation for its general benefit.
34. COVENANT AGAINST CONTINGENT FEES
(FEB 1990) - 552.203-5
a. The Contractor warrants that no person or
agency has been employed or retained to solicit or
obtain this contract upon an agreement or
understanding for a contingent fee, except a bona
fide employee or agency. For breach or violation of
this warranty, the Government shall have the right to
annul this contract without liability or, in its
discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount
of the contingent fee.
b. "Bona fide agency," as used in this clause,
means an established commercial or selling agency
(including licensed real estate agents or brokers),
maintained by a Contractor for the purpose of
securing business, that neither exerts nor proposes
to exert improper influence to solicit or obtain
Government contracts nor holds itself out as being
able to obtain any Government contract or contracts
through improper influence.
c. "Bona fide employee," as used in this clause,
means a person, employed by a Contractor and
subject to the Contractor's supervision and control
as to time, place, and manner of performance, who
neither exerts nor proposes to exert improper
influence to solicit or obtain Government contracts
nor holds out as being able to obtain any
Government contract or contracts through improper
influence.
d. "Contingent fee," as used in this clause,
means any commission, percentage, brokerage, or
other fee that is contingent upon the success that a
person or concern has in securing a Government
contract.
e. "Improper influence," as used in this clause,
means any influence that induces or tends to induce
a Government employee or officer to give
consideration or to act regarding a Government
contract on any basis other than the merits of the
matter.
35. PROHIBITION OF SEGREGATED FACILITIES
(FEB 1999) - 52.222-21
a. "Segregated facilities," as used in this
clause, means any waiting rooms, work areas, rest
rooms and wash rooms, restaurants and other
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eating areas, time clocks, locker rooms and other
storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas,
transportation, and housing facilities provided for
employees, that are segregated by explicit directive
or are in fact segregated on the basis of race, color,
religion, sex, or national origin because of written or
oral policies or employee custom. The term does not
include separate or single -user rest rooms or
necessary dressing or sleeping areas provided to
assure privacy between the sexes.
b. The Lessor agrees that it does not and will
not maintain or provide for its employees any
segregated facilities at any of its establishments,
and that it does not and will not permit its employees
to perform their services at any location under its
control where segregated facilities are maintained.
The Lessor agrees that a breach of this clause is a
violation of the Equal Opportunity clause in this
contract.
c. The Lessor shall include this clause in every
subcontract and purchase order that is subject to the
Equal Opportunity clause of this contract.
36. EQUAL OPPORTUNITY (APR 2002) - 52.222-
37
Definition. "United States," as used in this clause,
means the 50 States, the District of Columbia,
Puerto Rico, the Northern Mariana Islands,
American Samoa, Guam, the U.S. Virgin Islands,
and Wake Island.
The Contractor shall not discriminate against
any employee or applicant for employment because
of race, color, religion, sex, familial status or national
origin, disabled veterans, veterans of the Vietnam
era, and other eligible veterans.
The Contractor shall insert the terms of this clause in
all subcontracts or purchase orders of $25,000 or
more unless exempted by rules, regulations, or
orders of the Secretary of Labor. The Contractor
shall act as specified by the Deputy Assistant
Secretary of Labor to enforce the terms, including
action for noncompliance.
37. AFFIRMATIVE ACTION FOR WORKERS
WITH DISABILITIES (JUN 1998) - 52.222-36
Regarding any position for which the employee or
applicant for employment is qualified, the Contractor
shall not discriminate against any employee or
applicant because of physical or mental disability.
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1. OWNERSHIP
The Lessor certifies that he is the rightful and legal
owner of the property and has the legal right to enter
into this lease. If the title of the Lessor shall fail, or it
be discovered that the Lessor did not have authority
to lease the property, the Government may
terminate.
The Lessor, the Lessor's heirs, executors,
administrators, successors, or assigns agree to
indemnify the Lessee by reason of such failure and
to refund all rentals paid.
SYSTEM for AWARD MANAGEMENT
REGISTRATION (VARIATION) — 52.204.7
a. Definitions. As used in this clause System for
Award Management registration (SAM) database"
means the primary Government repository for
Contractor information required for the conduct of
business with the Government.
"Data Universal Numbering System (DUNS)
number" means the 9-digit number assigned by Dun
and Bradstreet, Inc. (D&B) to identify unique
business entities.
"Data Universal Numbering System +4
(DUNS+4) number" means the DUNS number
assigned by D&B plus a 4-character suffix that may
be assigned by a business concern. (D&B has no
affiliation with this 4-character suffix.) This 4-
character suffix may be assigned at the discretion of
the business concern to establish additional SAM
records for identifying alternative Electronic Funds
Transfer (EFT) accounts for the same parent
concern.
"Offeror" means the owner of the property
offered, not an individual or agent representing the
owner.
"Registered in the SAM database" means
that—
(1) The Contractor has entered all
mandatory information, including the DUNS number
or the DUNS+4 number, into the SAM database; and
(2) The Government has validated all
mandatory data fields and has marked the record
"Active."
b. (1) By submission of an offer, the offeror
acknowledges the requirement that a prospective
awardee must be registered with D&B and in the
SAM database prior to award, during performance,
and through final payment of any contract resulting
from this solicitation.
(2) The offeror shall enter in the
appropriate block, on the GSA Form 3518, entitled
Representations and Certifications, the legal entity's
name and address, followed by the DUNS or DUNS
+4 number that identifies the offeror's name and
address exactly as stated in the offer. The DUNS
number will be used by the Government to verify
that the offeror is registered in the SAM database.
c. If the offeror does not have a DUNS number,
it should contact Dun and Bradstreet directly to
obtain one.
(1) An offeror may obtain a DUNS
number—
(i) if located within the United States, by
calling Dun and Bradstreet at 1-866-705-5711 or via
the Internet at http://www.dnb.com; or
(ii) If located outside the United States,
by contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to
provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other
name by which your entity is commonly recognized.
(iii) Company Physical Street Address,
City, State, and ZIP Code.
(iv) Company, Mailing Address, City,
State and ZIP Code (if separate from physical).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your
location.
(viii) Chief executive officer/key
manager.
(ix) Line of business (industry).
(x) Company Headquarters name and
address (reporting relationship within your entity).
d. If the Offeror does not become registered in
the SAM database in the time prescribed by the
Government, the Government will proceed to award
to the next otherwise successful registered Offeror.
e. Processing time, which normally takes 48
hours, should be taken into consideration when
registering. Offerors who are not registered should
consider applying for registration immediately upon
receipt of this solicitation.
f. The Contractor is responsible for the
accuracy
and completeness of the data within the SAM
database,
and for any liability resulting from the Government's
reliance on inaccurate or incomplete data. To
remain registered in the SAM database after the
initial registration, the Contractor is required to
review and update on an annual basis from the date
of initial registration or subsequent updates its
information in the SAM database to ensure it is
current, accurate and complete. Updating
information in the SAM does not
10
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 49 of 71
DACA45-5-16-00006
alter the terms and conditions of this contract and is
not
a substitute for a properly executed contractual
document.
g. (i) If a Contractor has legally changed its
business name, "doing business as" name, or
division name (whichever is shown on the contract),
or has transferred the assets used in performing the
contract, the Contractor shall comply with the
requirements of Subpart 42.12 of the Federal
Acquisition Regulations (FAR) and provide the
responsible Government a fully revised and
initialed/signed GSA Form 3518, entitled
Representations and Certifications, along with
written notification of its intention to (A) change the
name in the SAM database; and (B) provide the
Government with sufficient documentation to verify
and confirm the legally changed name or change in
ownership.
(ii) If the Contractor fails to comply with
the requirements of paragraph (g)(1)(i) of this
clause, or fails to perform the agreement at
paragraph (g)(1)(i)(C) of this clause, and, in the
absence of a properly executed novation or change -
of -name agreement, the SAM information that
shows the Contractor to be other than the Contractor
indicated in the contract will be considered to be
incorrect information within the meaning of the
"Suspension of Payment" paragraph of the
electronic funds transfer (EFT) clause of this
contract.
(2) The Lessor shall not change the name
or address for EFT payments or manual payments,
as appropriate, in the SAM record to reflect an
assignee for the purpose of assignment of claims.
Assignees shall be separately registered in the SAM
database. Information provided to the Lessor's SAM
record that indicates payments, including those
made by EFT, to an ultimate recipient other than that
Lessor will be considered to be incorrect information.
h. Offerors and Contractors may obtain
information on registration and annual confirmation
requirements via the internet at http://www.sam.00v.
You may also contact the SAM Help Desk as
www.fsd..qov or by calling 1-866-606-8220.
11
F
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
Page 50 of 71
r
f,"0 Square Feat
•
' fluter de Drrve
a
NOW
two
191111301J.. Crcy, EA 52246
41L 'I
PW
r
USARC Iowa City
Johnson County,1A
N
fr
//f
W Q� 6
SSSS
T 79 N, R 6 W, Section 22
5th Principal Meridian
---- Roads
O Lease Area ❑ACA45-5-11-00049
0 40 80 160
Feet
Real Estate
GFNWQ Rea
is::a oim�on
US Army Corps
at Engineers
Omaha DIW W
auvo:xap eN_MPV , em-A
EXHIBIT "A" ATTACHED TO AND
MADE A PART OF
DACA45-5-16A0006
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16 Page 51 of 71
DACA45-5-16-00006
6. The following are attached and made a part hereof:
a. The General Clauses, Conditions and Instructions (1-37)
b. Representations and Certifications (1-2)
c. Exhibit" A ", Site Plan
7. The following changes were made in this lease prior to its execution: NOTICES: Any
notice under the terms of this Lease is to be given in writing and delivered by "Certified
Mail, Return Receipt Requested" or registered mail, Express Mail or comparable
service, or delivered by hand and delivery, whether accepted or refused, attempted
delivery, or marked undeliverable, shall be deemed notice under the terms of this
Lease. Any notice given by the Lessor to the Government shall be addressed to:
Omaha District Commander, U.S. Army Engineer District, ATTN: CENWO-RE-M, 1616
Capitol Avenue, Suite 9000, Omaha, Nebraska 68102-4901; with reference to the
Lease number; DACA45-5-16-00006. Any notice given by the Government to the
Lessor or his agent shall be addressed to: Michael Tharp; Iowa City Airport
Commission, Iowa City, Iowa 52248, Email: Michael-Tharp@iowa-city.org and
Phone Number: (319)356-5045 Ext. 5 For maintenance purposes notice shall be
addressed to: (Michael Tharp, (319)356-5045 Ext. 5, Michael-Tharp@iowa-city.org]
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date
first above written.
LESSOR: LESSOR:
MINNETTA GARDINIER
(Signature)
JACOB ODGAARD
(Signature)
GOVERNMENT:
DAVE V. CHIPMAN
Chief, Real Estate Division
Real Estate Contracting Officer
Fund Citation: 021 20801 OD16 131 R79QDPW 2320 M.0003043.18.328 021001
STANDARD FORM 2 (REV. 612003) 2
Airport Commission Agenda & Info Packet
nn PP}inn na}P n9_1 P-1F
02/12/2016 14:39 (CITY OF IOWA CITY IP 1
mtharp INVOICE LIST BY GL ACCOUNT apinvgla
YEAR/PERIOD: 2016/7 TO 2016/7
ACCOUNT/VENDOR INVOICE
PO YEAR/PR TYP S
76850110 Airport Operations
7600-70-70-850-850100-850110-000-0000-438030-
Electricity
010319
MIDAMERICAN ENERGY
20160120085234
2016 7 DIR
P
ACCOUNT TOTAL
7600-70-70-850-850100-850110-000-0000-438070-
Heating Fuel/Gas
010319
MIDAMERICAN ENERGY
20160120085234
2016 7 DIR
P
ACCOUNT TOTAL
7600-70-70-850-850100-850110-000-0000-438100-
Refuse Collection
Charges
011001
ABC DISPOSAL
SYSTEMS
825895
2016 7 INV
P
011001
ABC DISPOSAL
SYSTEMS
825896
2016 7 INV
P
011001
ABC DISPOSAL
SYSTEMS
825897
2016 7 INV
P
7600-70-70-850-850100-850110-000-0000-438110-
011937 ALLIANCE CONNECT 0789004025.2016.01
7600 -70-70 -850-850100- 850110- 000- 0000-442010-
010358 OVERHEAD DOOR COMPAN XW22522
010856 JET AIR INC IOW IVI-16-004944
7600 -70-70 -850-850100- 850110- 000- 0000-442030-
010005 AAA MECHANICAL INC 9947096
010005 AAA MECHANICAL INC 9947196
010005 AAA MECHANICAL INC 9947394
7600 -70-70 -850-850100- 850110- 000- 0000-442070-
013610 STANDARD PEST CONTRO 28362
7600 -70-70 -850-850100- 850110- 000- 0000-443080-
010677 SENECA COMPANIES 1164104
ACCOUNT TOTAL
Local Phone Service
2016 7 INV P
ACCOUNT TOTAL
Other Building R&M Services
2016 7 INV P
2016 7 INV P
ACCOUNT TOTAL
WARRANT CHECK
1,857.38 W012016
1,857.38
383.61 W012016
383.61
DESCRIPTION
192 MidAmBilling 012020
192 MidAmBilling 012020
28.84 011516 151808 Pickup and Disposal
28.84 011516 151808 Pickup and Disposal
71.07 011516 151808 Pickup and Disposal
128.75
128.75
85.83 011516
85.83
450.00 012916
600.00 012916
1,050.00
Heating Equipment R&M Services
2016 7 INV P 528.00 012916
2016 7 INV P 542.36 012916
2016 7 INV P 178.00 012916
ACCOUNT TOTAL
Bldg Pest Control Services
2016 7 INV P
ACCOUNT TOTAL
Other Equipment R&M Services
2016 7 INV P
ACCOUNT TOTAL
7600-70-70-850-850100-850110-000-0000-445080- Snow and Ice Removal
1,248.36
1,248.36
30.00 012216
30.00
470.68 012916
470.68
151817 JAN 2016 INV
152843 Hangar #48 Door Rep
152796 Janitorial services
152715 HVAC Preventive Mai
152715 HVAC Preventive Mai
152715 HVAC Preventive Mai
152198 Pest Control Servic
152880 Self -Serve Control
Airport Commission Agenda & Info Packet
nn PP}inn na}P m-1a-1F
02/12/2016 14:39 (CITY OF IOWA CITY IP 2
mtharp INVOICE LIST BY GL ACCOUNT apinvgla
YEAR/PERIOD: 2016/7 TO 2016/7
ACCOUNT/VENDOR INVOICE PO YEAR/PR TYP S WARRANT CHECK DESCRIPTION
010856
JET AIR INC IOW
IVI-16-004943
2016 7 INV
P
4,500.00
012916
152796
Groundskeeping/Snow
ACCOUNT TOTAL
4,500.00
7600-70-70-850-850100-850110-000-0000-445110-
Testing Services
010047
BACKFLOW PREVENTION
S215015
2016 7 INV
P
590.00
012916
152727
Annual
Backflow pre
ACCOUNT TOTAL
590.00
7600-70-70-850-850100-850110-000-0000-449055-
Permitting Fees
010243
IOWA DEPART OF NATUR
198602487-2016
2016 7 INV
P
65.00
012916
152789
Annual
UST registra
010262
IOWA WORKFORCE DEVEL
147479
2016 7 INV
P
200.00
012916
152794
Annual
Boiler Inspe
ACCOUNT TOTAL
265.00
7600-70-70-850-850100-850110-000-0000-466050-
Electrical Supplies
011180
BLUEGLOBES LLC
IOW-21887
2016 7 INV
P
160.65
012916
152733
Runway
Light Fixtur
ACCOUNT TOTAL
160.65
ORG 76850110 TOTAL
10,770.26
FUND 7600 Airport
TOTAL:
10,770.26
** END OF REPORT - Generated by Michael Tharp **
02/12/2016 14:42
mtharp
FOR 2016 07
ACCOUNTS FOR:
76850110 Airport Operations
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
atylererpsDlution
CITY OF IONA CITY P 1
YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
369100 Reimb of Expenses
850110 Airport Operations
76850110 369100 Reimb of Expenses
0
0
0
-2,000.00
381100 Interest on Investments
850110 Airport Operations
76850110 381100 Interest on Invest
0
0
0
-2,215.18
382100 Land Rental
850110 Airport Operations
76850110 382100 Land Rental
-48,000
0
-48,000
-13,340.51
382200 Building/Room Rental
850110 Airport Operations
76850110 382200 Building/Room Rent
-250,000
0
-250,000
-148,332.69
384200 Vending Machine Commission
850110 Airport Operations
76850110 384200 Vending Machine Cc
-100
0
-100
.00
00 2,000.00 100.0%
00 2.215.18 100.0%
00-34,659.49 27.8%*
00-101,667.31 59.3%
00-100.00 .0%*
02/12/2016 14:42
mtharp
FOR 2016 07
ACCOUNTS FOR:
76850110 Airport Operations
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
atylererpsDlution
CITY OF IONA CITY P 2
YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
384900 Other Commissions
850110 Airport Operations
76850110 384900 Other Commissions
393120 General Levy
850110 Airport Operations
76850110 393120 General Lev
411000 Perm Full Time
850110 Airport Operations
76850110 411000 Perm Full Time
413000 Temporary Employees
850110 Airport Operations
76850110 413000 Temporary Employee
414500 Longevity Pay
850110 Airport Operations
76850110 414500 Longevity Pay
-26.000 0-26.000-18.747.40
-121,929 0-121,929-71,125.25
57,138 0 57,138 30,982.17
0 0 0 367.50
325 0 325 325.00
00-7.252.60 72.1%
00-50,803.75 58.3%
00 26,155.83 54.2%
00-367.50 100.0%*
M
00 100.0%*
02/12/2016 14:42
mtharp
FOR 2016 07
ACCOUNTS FOR:
76850110 Airport Operations
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
atylererpsDlution
CITY OF IONA CITY P 3
YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
421100 Health Insurance
850110 Airport Operations
76850110 421100 Health Insurance
421200 Dental Insurance
850110 Airport Operations
76850110 421200 Dental Insurance
421300 Life Insurance
850110 Airport Operations
76850110 421300 Life Insurance
421400 Disability Insurance
850110 Airport Operations
76850110 421400 Disability Insuran
422100 FICA
850110 Airport Operations
4.907 0 4.907 2.606.24
345 0 345 195.44
149 0 149 81.83
276 0 276 141.47
00 2.300.76 53.1%
00 149.56 56.6%
00 67.17 54.9%
00 134.53 51.3%
76850110 422100 FICA 4,354 0 4,354 2,400.60 .00 1,953.40 55.1%
02/12/2016 14:42
mtharp
FOR 2016 07
ACCOUNTS FOR:
76850110 Airport Operations
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
atylererpsDlution
CITY OF IONA CITY P 4
YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
423100 IPERS
850110 Airport Operations
76850110 423100 IPERS
431020 Court Costs & Services
850110 Airport Operations
76850110 431020 Court Costs & Sery
432020 Annual Audit
850110 Airport Operations
76850110 432020 Annual Audit
435060 Legal Publications
850110 Airport Operations
76850110 435060 Legal Publications
436030 Transportation
850110 Airport Operations
5.131 0 5.131 2.828.61
98 0 98
M
1,437 0 1,437 630.44
205 0 205
LIES
00 2.302.39 55.10
00 98.00 .0%
00 806.56 43.9%
00 205.00 .0%
76850110 436030 Transportation 1,000 0 1,000 356.50 .00 643.50 35.7%
02/12/2016 14:42
mtharp
FOR 2016 07
ACCOUNTS FOR:
76850110 Airport Operations
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
atylererpsDlution
CITY OF IONA CITY P 5
YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
436050 Registration
850110 Airport Operations
76850110 436050 Registration
436060 Lodging
850110 Airport Operations
76850110 436060 Lodging
436080 Meals
850110 Airport Operations
76850110 436080 Meals
437010 Comp Liability Insurance
850110 Airport Operations
76850110 437010 Comp Liability Ins
437020 Fire & Casualty Insurance
850110 Airport Operations
76850110 437020 Fire & Casualty In
500 0 500 250.00
500 0 500 313.24
200 0 200 50.00
3,748 0 3,748 2,041.64
12,790 0 12,790 8,679.00
00 250.00 50.0%
00 186.76 62.60*
00 150.00 25.0%
00 1,706.36 54.5%
00 4,111.00 67.9%*
02/12/2016 14:42
mtharp
FOR 2016 07
ACCOUNTS FOR:
76850110 Airport Operations
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
atylererpsDlution
CITY OF IOWA CITY P 6
YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
437030 Worker's Comp Insurance
850110 Airport Operations
76850110 437030 Worker's Comp Insu
437041 Bonding & Other Insurance
850110 Airport Operations
76850110 437041 Bonding & Other In
437200 Loss Reserve Payment
850110 Airport Operations
76850110 437200 Loss Reserve Payme
438010 Stormwater Utility Charges
850110 Airport Operations
76850110 438010 Stormwater Utilit
438030 Electricity
850110 Airport Operations
166 0 166 171.00
875 0 875 829.00
5,000 0 5,000 5,000.00
14,320 0 14,320 8,283.94
00 -5.00 103.0%*
00 46.00 94.7%*
M
00 100.0%*
00 6,036.06 57.8%
76850110 438030 Electricity 17,290 0 17,290 9,130.64 .00 8,159.36 52.8%
02/12/2016 14:42
mtharp
FOR 2016 07
ACCOUNTS FOR:
76850110 Airport Operations
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
atylererpsDlution
CITY OF IOWA CITY P 7
YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
438050 Landfill Use
850110 Airport Operations
76850110 438050 Landfill Use
438070 Heating Fuel/Gas
850110 Airport Operations
76850110 438070 Heating Fuel/Gas
438080 Sewer Utility Charge
850110 Airport Operations
76850110 438080 Sewer Utility Char
438090 Water Utility Charge
850110 Airport Operations
76850110 438090 Water Utility Char
438100 Refuse Collection Charges
850110 Airport Operations
76850110 438100 Refuse Collection
150 0 150 13.90
6,773 0 6,773 909.06
2,566 0 2,566 964.57
2,215 0 2,215 1,049.24
1,207 0 1,207 772.50
00 136.10 9.3%
00 5,863.94 13.4%
00 1,601.43 37.6%
00 1,165.76 47.4%
00 434.50 64.0%*
02/12/2016 14:42
mtharp
FOR 2016 07
ACCOUNTS FOR:
76850110 Airport Operations
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
atylererpsDlution
CITY OF IONA CITY P 8
YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
438110 Local Phone Service
850110 Airport Operations
76850110 438110 Local Phone Servic
438120 Long Distance Service
850110 Airport Operations
76850110 438120 Long Distance Sery
442010 Other Building R&M Services
850110 Airport Operations
76850110 442010 Other Building R&M
442020 Structure R&M Services
850110 Airport Operations
76850110 442020 Structure R&M Sery
442030 Heating Equipment R&M Services
850110 Airport Operations
76850110 442030 Heating Equipment
266 0 266 578.58
63 0 63 42.40
18,940 0 18,940 5,456.00
1,134 0 1,134 1,330.00
500 0 500 2,273.36
00-312.58 217.5%*
00 20.60 67.3%*
00 13,484.00 28.8%
00-196.00 117.3%*
00-1,773.36 454.7%*
02/12/2016 14:42
mtharp
FOR 2016 07
ACCOUNTS FOR:
76850110 Airport Operations
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
atylererpsDlution
CITY OF IONA CITY P 9
YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
442040 Cooling Equipment R&M Services
850110 Airport Operations
76850110 442040 Cooling Equipment
442060 Electrical & Plumbing R&M Srvc
850110 Airport Operations
76850110 442060 Electrical & Plumb
442070 Bldg Pest Control Services
850110 Airport Operations
76850110 442070 Bldg Pest Control
443080 Other Equipment R&M Services
850110 Airport Operations
76850110 443080 Other Equipment R&
444060 Cable & Electrical R&M Srvcs
850110 Airport Operations
76850110 444060 Cable & Electrical
500 0 500 358.06
5,000 0 5,000 2,319.74
387 0 387 180.00
6,904 0 6,904 3,838.14
332 0 332
MM
00 141.94 71.6%*
00 2,680.26 46.4%
00 207.00 46.5%
00 3,065.86 55.6%
00 332.00 .0%
02/12/2016 14:42
mtharp
FOR 2016 07
ACCOUNTS FOR:
76850110 Airport Operations
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
atylererpsDlution
CITY OF IONA CITY P 10
YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
445030 Nursery Srvc-Lawn & Plant Care
850110 Airport Operations
76850110 445030 Nursery Srvc-Lawn
445080 Snow and Ice Removal
850110 Airport Operations
76850110 445080 Snow and Ice Remov
445110 Testing Services
850110 Airport Operations
76850110 445110 Testing Services
445230 Other Operating Services
850110 Airport Operations
76850110 445230 Other Operating Se
446100 City Attorney Chargeback
850110 Airport Operations
76850110 446100 City Attorney Char
41.780 0 41.780 26.721.85
18,657 0 18,657 12,929.15
811 0 811 590.00
00 15.058.15 64.0%*
00 5,727.85 69.3%*
00 221.00 72.7%*
274 0 274 .00 .00 274.00 .0%
6,892 0 6,892 .00 .00 6,892.00 .0%
02/12/2016 14:42
mtharp
FOR 2016 07
ACCOUNTS FOR:
76850110 Airport Operations
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
atylererpsDlution
CITY OF IONA CITY P 11
YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
446130 ITS-PC/Peripheral/Tablet S/R
850110 Airport Operations
76850110 446130 ITS-PC/Peripheral/
446140 ITS -Capital Replacement Chgbk
850110 Airport Operations
76850110 446140 ITS -Capital Replac
446160 ITS -Infrastructure Fee
850110 Airport Operations
76850110 446160 ITS-Infrastucture
446220 Phone Service Chargeback
850110 Airport Operations
76850110 446220 Phone Service Char
446300 Phone Equipment/Line Chgbk
850110 Airport Operations
76850110 446300 Phone Equipment/Li
830 0 830
MIS
4,267 0 4,267 1,526.70
8,761 0 8,761 8,761.00
800 0 800
LIES
1,320 0 1,320 700.00
00 830.00 .0%
00 2,740.30 35.8%
M
00 100.0%*
00 800.00 .0%
00 620.00 53.0%
02/12/2016 14:42
mtharp
FOR 2016 07
ACCOUNTS FOR:
76850110 Airport Operations
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
atylererpsDlution
CITY OF IONA CITY P 12
YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
446320 Mail Chargeback
850110 Airport Operations
76850110 446320 Mail Chargeback
446350 City Vehicle Replacement Chgbk
850110 Airport Operations
76850110 446350 City Vehicle Repla
446360 City Vehicle Rental Chargeback
850110 Airport Operations
76850110 446360 City Vehicle Renta
446370 Fuel Chargeback
850110 Airport Operations
76850110 446370 Fuel Chargeback
446380 Vehicle R&M Chargeback
850110 Airport Operations
76850110 446380 Vehicle R&M Charge
303 0 303 174.31
18,582 0 18,582 10,870.81
264 0 264
NN
4,944 0 4,944 2,279.49
20,346 0 20,346 17,751.42
00 128.69 57.5%
00 7,711.19 58.5%*
00 264.00 .0%
00 2,664.51 46.1%
00 2,594.58 87.2%*
02/12/2016 14:42
mtharp
FOR 2016 07
ACCOUNTS FOR:
76850110 Airport Operations
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
atylererpsDlution
CITY OF IONA CITY P 13
YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
449055 Permitting Fees
850110 Airport Operations
76850110 449055 Permitting Fees
449060 Dues & Memberships
850110 Airport Operations
76850110 449060 Dues & Memberships
449120 Equipment Rental
850110 Airport Operations
76850110 449120 Equipment Rental
452010 Office Supplies
850110 Airport Operations
76850110 452010 Office Supplies
452030 Minor Office Equip/Furniture
850110 Airport Operations
76850110 452030 Minor Office Eouip
250 0 250 440.00
1,254 0 1,254 535.00
200 0 200 1,407.96
724 0 724 212.72
259 0 259
00-190.00 176.0%*
00 719.00 42.7%
00-1,207.96 704.0%*
00 511.28 29.4%
00 259.00 .0%
02/12/2016 14:42
mtharp
FOR 2016 07
ACCOUNTS FOR:
76850110 Airport Operations
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
atylererpsDlution
CITY OF IONA CITY P 14
YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
454020 Subscriptions
850110 Airport Operations
76850110 454020 Subscriptions
461040 Other Agriculture Chemicals
850110 Airport Operations
76850110 461040 Other Agriculture
466040 Plumbing Supplies
850110 Airport Operations
76850110 466040 Plumbing Supplies
466050 Electrical Supplies
850110 Airport Operations
76850110 466050 Electrical Supplie
466070 Other Maintenance Supplies
850110 Airport Operations
76850110 466070 Other Maintenance
0 0 0 208.00
516 0 516 435.06
50 0 50
NN
188 0 188 334.53
416 0 416 215.65
00-208.00 100.0%*
00 80.94 84.3%*
00 50.00 .0%
00-146.53 177.9%*
00 200.35 51.8%
02/12/2016 14:42
mtharp
FOR 2016 07
ACCOUNTS FOR:
76850110 Airport Operations
Airport Commission Agenda & Info Packet
Meeting Date 02-18-16
atylererpsDlution
CITY OF IONA CITY P 15
YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
467020 Equipment R&M Supplies
850110 Airport Operations
76850110 467020 Equipment R&M Supp
467160 Other Vehicle R&M Supplies
850110 Airport Operations
76850110 467160 Other Vehicle R&M
468030 Asphalt
850110 Airport Operations
76850110 468030 Asphalt
468050 Sand
850110 Airport Operations
76850110 468050 Sand
469040 Traffic Cntrl Imprvmt Supplies
850110 Airport Operations
76850110 469040 Traffic Cntrl Imor
562 0 562 3.779.57
0 0 0 58.16
00-3.217.57 672.5%*
00 -58.16 100.0%*
50 0 50 .00 .00 50.00 .0%
50 0 50 .00 .00 50.00 .0%
329 0 329 1,370.85
00-1,041.85 416.7%*
Airport Commission Agenda & Info Packet
nn PP}inn na}P n9_1 P-1F
02/12/2016 14:42
OF IONA CITY
16
mtharp
(CITY
YEAR-TO-DATE BUDGET
REPORT
IP
glytdbud
JULY 2015 - JANUARY 2016
FOR 2016 07
ACCOUNTS FOR:
ORIGINAL
TRANFRS/ REVISED
AVAILABLE PCT
76850110 Airport Operations
APPROP
ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES
BUDGET USED
469190 Minor Equipment
850110 Airport Operations
76850110 469190 Minor Ecruinment
469200 Tools
850110 Airport Operations
76850110 469200 Tools
469260 Fire Ext & Refills
850110 Airport Operations
76850110 469260 Fire Ext & Refills
473020 Non -Contracted Improvements
850110 Airport Operations
500
500
202
0 500 6.187.08
0 500 47.67
0 202 669.35
00-5.687.08 1237.4%*
00 452.33 9.5%
00-467.35 331.4%*
76850110 473020 Non -Contracted Imp 33,500 0 33,500 33,726.92 .00-226.92 100.7%*
TOTAL Airport Operations-99,957 0-99,957-28,077.97 .00-71,879.03 28.1%
TOTAL REVENUES-446,029 0-446,029-255,761.03 .00-190,267.97
TOTAL EXPENSES 346.072 0 346.072 227.683.06 .00 118.388.94
Airport Commission Agenda & Info Packet
nn PP}inn na}P m-1a-1F
02/12/2016 14:42 (CITY OF IONA CITY IP 17
mtharp YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
FOR 2016 07
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED
GRAND TOTAL-99,957 0-99,957-28,077.97 .00-71,879.03 28.1%
** END OF REPORT - Generated by Michael Tharp **
Airport Commission Agenda & Info Packet
nn PP}inn na}P n9_1 P-1F
02/12/2016 14:42 (CITY OF IONA CITY IP 18
mtharp YEAR-TO-DATE BUDGET REPORT glytdbud
JULY 2015 - JANUARY 2016
Field # Total Page Break
Sequence 1 9 Y Y
Sequence 2 11 N N
Sequence 3 6 N N
Sequence 4 0 N N
Report title:
YEAR-TO-DATE BUDGET REPORT
Includes accounts exceeding 0% of budget.
Print totals only: N
Print Full or Short description: F
Print full GL account: N
Format type: 1
Double space: N
Suppress zero bal accts: Y
Include requisition amount: N
Print Revenues -Version headings: N
Print revenue as credit: Y
Print revenue budgets as zero: N
Include Fund Balance: N
Print journal detail: N
From Yr/Per: 2015/ 1
To Yr/Per: 2015/ 9
Include budget entries: Y
Incl encumb/liq entries: Y
Sort by JE # or PO #: J
Detail format option: 1
Include additional JE comments: N
Multiyear view: F
Amounts/totals exceed 999 million dollars: N
Find Criteria
Field Name Field Value
Org 76850110
Object
Project
Rollup code
Account type
Account status
REPORT OPTIONS
Year/Period: 2016/ 7
Print MTD Version: N
Roll projects to object: N
Carry forward code: 1