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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 Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 18 of 71 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 Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 19 of 71 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 Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 20 of 71 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, Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 21 of 71 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. Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 22 of 71 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 Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 23 of 71 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. Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 24 of 71 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 Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 25 of 71 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. Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 26 of 71 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. Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 27 of 71 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 Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 28 of 71 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. Airport Commission Agenda & Info Packet 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. Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 33 of 71 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 Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 42 of 71 DACA45-5-16-00006 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. Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 43 of 71 DACA45-5-16-00006 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". Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 44 of 71 DACA45-5-16-00006 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. Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 45 of 71 DACA45-5-16-00006 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. Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 46 of 71 DACA45-5-16-00006 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 Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 47 of 71 DACA45-5-16-00006 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. Airport Commission Agenda & Info Packet Meeting Date 02-18-16 Page 48 of 71 DACA45-5-16-00006 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