HomeMy WebLinkAbout03-17-2016 Airport CommissionIOWA CITY AIRPORT COMMISSION
MEETING AGENDA
AIRPORT TERMINAL BUILDING
1801 S. RIVERSIDE DRIVE
IOWA CITY, IOWA
THURSDAY, MARCH 17, 2016 - 6:00 P.M.
1. Determine Quorum
2. Election of Officers
3. Approval of Minutes from the following meetings:
February 18, 2016
4. Public Discussion - Items not on the agenda
5. Items for Discussion / Action:
a. Airport Master Plan
b. Terry Edmonds Ground Lease
i. Public Hearing
ii. Consider a resolution approving a 30-year ground lease with
c. FAA/IDOT Projects: AECOM / David Hughes
i. FY16 Apron Expansion
ii. FY15 Obstruction Mitigation
iii. FY17 IDOT Grant Application
d. Airport "Operations"
i. Strategic Plan -Implementation
ii. Budget
Terry Edmonds
1. Annual Report
2. Equipment Upgrade Schedule
iii. Management
1. Computerized Maintenance Management System
2. Consider a resolution adopting 2016 Airport Emergency Plan
2 min"
5 min
15 min
15 min
20 min
30 min
e. FBO / Flight Training Reports 20 min
i. Jet Air
1. Hangar Proposal
Consider a resolution to adjourn to executive session pursuant to Section 21.5(1)(k) and (i) of the
Iowa Code 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.
f. Commission Members' Reports
g. Staff Report
6. Set next regular meeting for April 21, 2016 at 6:00 p.m.
7. 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 03-17-16 Page 2 of 60
February 18, 2016
Page 1
MINUTES DRAFT
IOWA CITY AIRPORT COMMISSION
FEBRUARY 18, 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, David Hughes, Melissa Underwood, Jack Young
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council
action):
None.
DETERMINE QUORUM:
The meeting was called to order by Chairperson Gardinier at 6:02 P.M.
APPROVAL OF MINUTES:
Minutes from the January 21, 2016, meeting were reviewed first. Ogren noted that there was a
typo on page 4 of the minutes, under'Employee Review,' the last line, "...helped explained,"
should be "...help explain." Odgaard noted that on the same page under'Airport Operations,'
where it says "...the total cost between around $25,000," should be "...the total cost between
$25,000 and $30,000," instead. Ogren moved to accept the minutes of the January 21,
2016, meeting as amended. Odgaard seconded the motion. The motion carried 5-0.
Next the minutes of the February 2, 2016, meeting were reviewed. Ogren stated that for
"Others Present" it shows the same people as the January meeting. Ogren moved to accept
the minutes of the February 2, 2016, meeting as amended. Bockenstedt seconded the
motion. The motion carried 5-0.
PUBLIC DISCUSSION:
None.
ITEMS FOR DISCUSSION/ACTION:
a. Gilbert Street Leased Area (Larry Bell) — Tharp stated that he did
speak with the FAA regarding this possible sale and that the FAA would
be in agreement with moving ahead with a purchase agreement on this
property. He stated that once the Master Plan is complete, the FAA
should allow this sale to take place. Tharp noted that Jack Young is
present this evening and that he is one of the interested parties in this
sale. Young stated that he is present just to see what is occurring with
this possible sale. Tharp stated that they will need to acquire an
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 3 of 60
February 18, 2016
Page 2
appraisal in order to establish fair market value on the land, before they
would be able to move forward. Members then discussed the issue,
asking for clarification from Tharp. Goers then gave Members some
background on how the possible land sale would occur. He also
addressed the current lease with Mr. Bell on this parcel. Bockenstedt
stated that she would like to discuss the lease currently in place with Bell
and the possibility of releasing him from it. Gardinier stated that the
Commission did discuss this issue and that they felt Bell should be held to
the lease. Members continued to discuss this, asking questions of Tharp
and Goers regarding the 30-year lease that is in place. Bockenstedt
again stated that she would like to release Bell from the lease. Members
agreed that they need to expedite this land sale as quickly as possible, in
hopes of releasing Bell from the lease early. Bockenstedt moved that
they release Mr. Bell from the lease at the end of February, 2016, and
work on the land sale as soon as possible. No second was heard.
Motion failed. Assouline stated that he is interested in releasing Mr. Bell
from the lease, but that he believes it will be terminated with the land sale.
More discussion followed at this point, with others agreeing that the
Master Plan needs to be completed first so that they are able to move
ahead with a sale. Bockenstedt then amended her motion to release
Mr. Bell from the lease upon completion of the Master Plan and
acceptance of it by the FAA. No second was heard. Motion failed.
Members again discussed the proposed motion, with Gardinier stating
that she is not in favor of setting a precedent on this issue. Tharp asked
the Members if they want him to contact Realtor Jeff Edberg regarding
this sale. Members agreed that since they have an interested buyer, they
do not see a need in doing so at this time. They also agreed that once
they move forward with the land sale that Bell could be released from the
lease agreement.
b. Airport Master Plan — Melissa Underwood then addressed Members,
sharing handouts with them. She noted that the FAA has looked at the
proposed Master Plan and that they were actually surprised at the
number of obstructions for runway 12. The FAA has asked the Master
Plan group to review this section again, noting that the amount of money
needed to mitigate these obstructions would be quite high. Underwood
noted that they looked at the runway threshold again and she further
explained what changes to this would entail. Continuing, Underwood
explained further how the FAA looks at obstruction mitigation in this
situation. Members asked questions of Underwood and she attempted to
further clarify what their findings show. The discussion continued, with
Underwood showing what changes to the threshold would mean with
regards to obstruction mitigation numbers. Underwood noted that since
the FAA has already seen the proposed plan in its entirety, it is just this
section that needs to be reviewed again. She hopes that once this is
done, they will be able to move forward. Members asked for further
clarification of any threshold changes and Underwood attempted to clarify
these for them.
C. Terry Edmonds Ground Lease — Tharp noted that this is for a 30-year
lease with Terry Edmonds and he gave Members some background on
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 4 of 60
February 18, 2016
Page 3
this issue. He stated that he will have further information at the next
meeting, when they hold the public hearing. Goers responded to Member
questions regarding this proposal. Bockenstedt questioned if they want a
30-year lease or one with renewal options and a shorter overall lease
time period. Tharp explained why the 30-year period was chosen.
i. Consider a resolution setting a public hearing for a 30-year
ground lease with Terry Edmonds — Assouline moved to
consider Resolution #A16-05 setting the public hearing for a
30-year ground lease with Terry Edmonds. Ogren seconded
the motion. The motion carried 5-0. The public hearing will be
held at the next Airport Commission meeting.
d. FAA/IDOT Projects: AECOM (David Hughes)
i. FY16 Apron Expansion — Hughes noted that this is the public
hearing and that after this they will be moving forward with plans,
specifications, and form of contract for the apron expansion. The
goal is to begin this project the first part of May.
1. Public Hearing — No comments.
2. Consider a resolution approving the plans,
specifications and form of contract for the 2016 Apron
Expansion and placing bids — Ogren moved to
consider Resolution #A16-06 approving plans,
specifications, and form of contract for the 2016 apron
expansion. Assouline seconded the motion. The
motion carried 5-0.
ii. FY15 Obstruction Mitigation — Hughes stated that this was
covered under the Master Plan section.
e. U.S. Army Reserve — Tharp stated that this is a public hearing regarding
the U.S. Army Reserve Center parking area next to that building. The
new lease rate would be $4,425 for the year.
i. Public Hearing — No Comments.
ii. Consider a resolution approving a ground lease with the
United States Government for ground located adjacent to the
U.S. Army Reserve Center—Assouline moved to consider
Resolution #A16-07 approving a ground lease with the U.S.
Government for ground located adjacent to the U.S. Army
Reserve Center. Ogren seconded the motion. The motion
carried 5-0.
Airport Operations —
i. Strategic Plan- Tharp stated that there is not much else to add
here, as they await the completion of the Master Plan. He noted
that he did share the City's strategic plan so Members would have
an idea of what the Council considers their priorities. Tharp noted
that he is considering an April date for a 'debt -free' party/open
house to celebrate the Airport's debt -free status.
ii. Budget — Tharp stated that the boiler install should be completed
yet this week. He noted that there is nothing new to add on the
budget itself. He added that fuel sales are up at this point. This
led to a brief discussion of the price per gallon at the Airport in
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 5 of 60
February 18, 2016
Page 4
relation to other airports' pricing. Wolford also spoke to the
pricing, noting that they consistently look at area airports and their
pricing, in order to stay competitive.
iii. Management — None.
g. FBO/Flight Training Reports
i. Jet Air — Matt Wolford of Jet Air shared the monthly maintenance
reports with Members. He noted that they had a lot of ice this past
month to deal with. Other items of maintenance included light
bulb replacement and more work with the AV gas pump. Wolford
stated that they have had the contractor out to help trace the
electrical system to try and find the problem. Gardinier stated that
when she flew recently there did appear to be a problem with the
hose reel on the gas pump. Wolford stated that he would look into
this and make sure things are working properly. Discussion
continued on the problems with this system and the various
attempts to find the electrical problem. In regards to Jet Air,
Wolford noted that Odgaard is working with flight students
regularly. He stated that they also have an instructor on a part-
time basis who has several students. Charter flights have been
down somewhat, which is normal for this time of year. Wolford
continued, stating that they have been looking at upgrading their
fleet and he spoke briefly to this.
Consider a resolution to adjourn to Executive Session pursuant to Section 21.5(1)(k) and
(1) 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.
Odgaard moved to adjourn to Executive Session at 7:52 P.M. Ogren seconded the
motion. The motion carried 5-0.
Ogren moved to adjourn the Executive Session at 8:19 P.M. Gardinier seconded the
motion. The motion carried 5-0.
h. Commission Members' Reports — Ogren noted that former Commission
Member Dan Clay is back in the area and was recently hired as a Dean at
the University. Gardinier noted that her plane is in the shop right now.
She also stated that this will be her last meeting as Chairperson. She
reminded Members that they will need to consider who will serve next in
this position.
Staff Report — Tharp thanked Assouline for his work on the Commission.
SET NEXT REGULAR MEETING FOR:
The next regular meeting of the Airport Commission will be held on Thursday, March 17, 2016,
at 6:00 P.M. in the Airport Terminal Building. Ogren stated that she may not be present for this
meeting due to travel. Odgaard added that he may be late but will do his best to attend.
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 6 of 60
February 18, 2016
Page 5
ADJOURN:
Assouline moved to adjourn the meeting at 8:30 P.M. Ogren seconded the motion. The
motion carried 5-0.
CHAIRPERSON DATE
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 7 of 60
Airport Commission
February 18, 2016
Page 6
Airport Commission
ATTENDANCE RECORD
2016
TERM
o
0
0
0
N
N
W
NAME
EXP.
NO
N
\
\
a)
m
rn
a)
m
a)
m
Minnetta
03/01/19
X
X
X
Gardinier
Jose
03/01/16
X
0/E
X
Assouline
Chris Ogren
03/01/18
X
X
X
A.Jacob
03/01/18
X
X
X
Odgaard
Julie
03/01/17
X
X
X
Bockenstedt
Key:
X = Present
X/E = Present for Part of Meeting
0 = Absent
O/E = Absent/Excused
NM = Not a Member at this time
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16
Page 8 of 60
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr. Iowa City, IA 52246 (319) 350 5045
RESOLUTION NO.
trMITRIN
SECRETARY 1 ATTEST TO A LAND LEASE BETWEEN THE AIRPORT
COMMISSION OF THEOF IOWA CITY, IOWA,I TERRY
EDMONDS.
WHEREAS, the Airport Commission of the City of Iowa City has negotiated a lease of land to
Terry Edmonds for his use in constructing a new hanger; 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 June 1, 2016 through May 31, 2046.
NOW, THEREFORE, BE IT RESOLVED BYU THE AIRPORT COMMISSION OF THE
CITY OF IOWA CITY:
1. That the proposed land lease, attached hereto, is hereby approved.
2. That the Chairperson is directed and authorized to execute and the Secretary to attest to
the land lease between the Airport Commission and Terry Edmonds.
It was moved by and seconded by the Resolution be adopted,
and upon roll call there were:
Ayes Nays
Passed and approved this day of
t;19:A.1[RP1[:^1'Q256rJ'
ATTEST:
SEF;R:IE"ICA:Ry'
2016.
Absent
Bockenstedt
Gardiner
Odgaard
Ogren
App�pved By:
/�
City Antomey's OI3(ice......... _._
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 9 of 60
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 premises 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 acknowledged 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 03-17-16 Page 10 of 60
ARTICLE III
TERM
3.01 Initial Term. The term of this lease shall commence on (the "Lease
Commencement Date") and shall continue thereafter until (the 'Term") unless sooner
terminated as provided herein
3.02 Options to renew. There are no options to renew included in this lease
ARTICLE IV
RENT AND UTILITIES
4.01 Annual Base Rent. Commencing on 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
. $ per year payable monthly with payments due on the first day of the month.
Beginning 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 preceeding 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 I" of each year beginning
(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:
1. Formula.
Current CPI X Rent= Escalated Rent
Base CPI
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 11 of 60
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 $1,656.82
228.537 x 1632 = $1656.82
225.114
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 Base 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.
g. 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, electricitiy,
water, sewer, telephone, and all other utilitiy services incurred in connection with Tenant's use and
occupancy of the Leased Premises.
4.04 Taxes. Commencing on the Lease Commencement Date, and on the first day of each month
thereafter during the term of this lease, Tenant shall pay to Landlord, as additional rent, 1/12th of the
annual real estate taxes and special assessments accruing during that month for the Lease Premises and
any improvements thereon constructed. Landlord shall make the semi-annual payment for real estate
taxes, as well as all special assessments, to the county treasurer before the same become delinquent.
Any deficiency in the amount necessary to timely pay the obligations provided for shall be
promptly reimbursed by Tenant upon notice via regular first-class mail. At the end of each fiscal year
a reconciliation will take place to refund any excess funds collected by Landlord to Tenant, or for
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 12 of 60
Tenant to pay Landlord whatever additional sums are needed to account for all taxes and special
assessments accrued during Tenant's tenancy.
Tenant shall further pay any and all taxes assessed against and levied upon Tenant's trade fixtures,
and all other personal property of Tenant contained in the Premises. As used herein, the term 'real
estate tax' includes any form of real property tax or assessment, imposed by any authority having the
direct or indirect power to tax, including any city, county, state, or federal government, or any school,
agricultural, lighting, drainage or other improvement district thereof or any public or quasi -public
agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, or
upon Tenant's use or occupancy of the Premises.
Tenant and Landlord agree to promptly provide the other with copies of statements for taxes
so that payment can be made in a timely manner and each can document the amount of the
payments due and made.
ARTICLE V
USE AND OCCUPANCY
5.01 Use. Tenant shall use the Leased Premises for the construction, use, and support of aviation
hangar facilities.
5.02 Construction. Tenant shall use his 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 all necessary zoning approvals and
permits required by local law or ordinance.
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 13 of 60
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, except as specifically allowed in this
paragraph ; and
Any substance which is regulated by any federal, state, or local governmental authority
or that is the subject of any law, rule or regulation.
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 other 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.
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 or condition constituting a nuisance as defined under the provision of
Chapter 657 of the Code of Iowa or Iowa City Code 6-1-2, both as amended, or as defined by the
common law of Iowa, shall be permitted, and the restrictions pertaining to acts within a county in said
Code chapter shall be applicable.
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 14 of 60
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
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 maintaining the sodded or
seeded area in good condition and appearance.
g. Suns. 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.
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 15 of 60
ARTICLE VI
ALTERATIONS; LIENS; 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 or to 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
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 all 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. All 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.
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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;
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
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 herein below. 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
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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,
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
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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 hold 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.
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, or
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"
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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
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 higher. 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.
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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.
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
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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 prior to
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 commence 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
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.
ARTICLE VIII
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
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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.
I_1:11RIIar1
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
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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 event 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, (B) 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 (B) above shall contain an assumption by the
Leasehold Mortgagee of all of Tenants restrictions and obligations hereunder.
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
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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
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.
I_1:i1RI4W.11
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
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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
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.
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 26 of 60
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 VIII, 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 XI, 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").
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.
ARTICLE XII
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
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 27 of 60
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").
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.
L1:i1NI4W.1U1
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
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 28 of 60
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.
ARTICLE XV
MISCELLANEOUS PROVISIONS
15.01 Access by Landlord.
(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
City Attorney
If to Tenant:
Terry Edmonds
410 E. Washington St. 4125 180th St. NE
Airport Manager 1801 S.
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 29 of 60
Riverside Dr. Iowa City, IA 52240 Solon, IA 52333
Iowa City, IA 52240
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.
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 Taxiway Construction. Landlord agrees to reimburse tenant for 50% of the cost of construction
related to the taxiway construction and depicted in Exhibit A. Taxiway shall be construction to FAA
standards. Tenant shall be responsible for construction of taxiway.
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 30 of 60
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
16.02. Landlord Improvements. The Landlord reserves the right to further develop or improve the
landing area and all 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
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 31 of 60
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 at 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 a Department of Transportation program or
activity is extended or for another purpose involving the provision of similar services or benefits, Tenant
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.
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 32 of 60
(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.
IOWA CITY AIRPORT COMMISSION TERRY EDMONDS
0
Chairperson
Approved by:
City Attorney's Office
0
Tenant
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 33 of 60
EXHIBIT A
Leased Premises
A location 30 feet south of Hangar K. An area 60 feet wide by 55 feet deep for the purposes of
construction of a hangar building.
°`P Airport Corn Sion Agent & Info acket
VVA AlrC?n
por - USI - - - Ituncling Page 34 of 60
Office of AviationApplication Instructions
Fiscal Year 2017
Applications for FY 2017 Iowa DOT annual aviation grant programs are due in the Office of Aviation no later
than 4:00 p.m. Friday, April 29, 2016. Public owned airports are eligible to apply for vertical infrastructure and
airport improvement projects. All necessary application forms can be found at:
htty hvww.io« adot aov/aviation/leeislative/stateapplicationyaee.html. Additional information about the programs can be
found in the Aifport Manager and Sponsor Guide: htty hvww.iowadoteov/aviation/manaeersandsponsors/2uidebook.html
Complete applications* that include the authorized signature of the airport sponsor should be emailed to
shane.wripht(a)dot.iowa.gov. If you are unable to scan and email the application, please mail one copy of the
application to the address below. No late applications will be considered. Aviation staff will review the
applications and prioritize projects based on the following criteria: airport role as identified in the 2010 Iowa
Aviation System Plan, justification for the project, type of project, percent of local support, and whether the
airport has multi -jurisdictional support. Recommended projects will be presented to the Iowa Transportation
Commission in June, with approval requested at the July meeting.
* Please Note: A complete application includes councillcommission resolutions or statements verifying that local
match will be available to complete theproject. Plan meetings to ensure they takeplaceprior to the application
deadline.
A completed application package includes the following documents:
1. Funding Application Checklist and Funding Application Summary Sheet (Form
291114) — Use the checklist to ensure that all necessary information is included.
The Funding Application should include current sponsor contact information, a short
recap of desired projects in FY 2017 in priority order, and signature of the airports
sponsor.
2. Project Data Sheet (Form 291115) — Complete one sheet for each project. Attach
drawings and additional pages as needed to provide a thorough description and
justification of the project so that the project is clearly understandable.
3. 5-year Capital Improvement Plan (CIP)(Form 291112) — If you already submitted a
CIP with the federal pre -application, update to include requests for state funded
proj ects.
4. Airport sponsor resolution or documentation from the sponsor that endorses project
and verifies availability of local matching funds.
5. Verification of planning (ALP for new construction, security plan for security
projects, pavement maintenance program for pavement projects).
6. Verification that the city and/or county has an airport zoning ordinance. Include
copy if it is not available on the airport page on the Iowa DOT website:
http://www.iowadot.gov/aviation/airports/municipal.aspx
7. Minority Impact Statement required by 2008 Iowa Acts HF 2393.
8. Federally obligated airports are required to verify that their airport's based aircraft
information has been updated since December 1, 2015 at www.basedaircraft.com.
Non -federally obligated airports must supply a list of based aircraft "N" numbers
with their application.
Complete Applications are due: 4:00 p.m. Friday, April 29, 2016
Please email completed application package to Shane. WriphtLy.dot. iowa.gov or mail one copy to:
Office of Aviation, Iowa DOT, 800 Lincoln Way, Ames, Iowa 50010 ATTN: Shane Wright
Questions: Shane Wright 515-239-1048
Page I of 2- (Seepage 2 for project eligibility information)
Airpo Commission a & Info cket
11PAi61- Rid unding Page 35 of 60
Q 0-00% 1 G'VVA 000T
1 1 1 '
17
Office of jkvialioan
Airport development/maintenance projects: Eligible projects generally include planning and improvements
related to enhancing airport safety, capacity, security and environmental concerns. Projects are eligible for up to
85% state share with no maximum amount; however, local participation will be considered when prioritizing
projects. Projects for new development must be shown on an airport layout plan, and the airport must have a
security plan in place for a security related project. Examples of eligible projects:
• runway, apron and taxiway • security related projects such as
construction and rehabilitation lighting and access control
• airfield drainage
• airfield lighting and signing
• navigation and communication aides
• planning such as airport layout plans
(ALPs), master plans, land use and
zoning, and multi -jurisdictional
feasibility studies
• fuel facility installations and upgrades
• land acquisition
• obstruction removal (make sure
your approaches are clear 20:1)
• airport entrance signage (match 50%)
General Aviation Vertical Infrastructure (GAVI): Projects are eligible for up to 85% state share. Local
participation will be considered when prioritizing projects. Eligible projects include construction and renovation of
airport terminals, hangars, and maintenance buildings. GAVI grants are available only to general aviation
airports. Routine maintenance of buildings and minor renovation projects are not eligible. Both new and
rehabilitation projects will be considered each year. Include specific justification, such as a documented waiting
list, with the application. The form is available on the Office of Aviation website:
httv:.. www.iowadot.gov. aviation legislative. stateappalication+yage.html
" tarrnlI.anl Ciindrn0: p r projeaf Cor N Y 701 -: rnrr aondrric[ion t,l d0 000 and %ha'frrlrfafron Y 000.
Commercial Service Vertical Infrastructure (CSVI): Eligible projects include construction and major
renovation of terminals, hangars, and maintenance buildings at commercial service airports. Applications for FY
2017 should be for specific projects that the airport will initiate in FY 2017. The form is available on the office of
aviation website: ham:/hvww.iowadot.gov/aviation.legislative. statea licationpage.html
Immediate Safety Enhancements (ISE): Applications are accepted throughout the year for safety and emergency
repairs that arise during the year or are recommended by the airport inspector as a result of an airport inspection.
State share is 70% of the project up to a maximum of $10,000. The form is available on the Office of Aviation
website: httms:..forms.iowadot.gov.FormsMgt.External. 291119.doc
Land Use and Comprehensive Planning: If the city and county have older ordinances or do not have airport
zoning, grants are available to assist sponsors in developing or updating current airport zoning ordinances. State
share is 85% up to a maximum of $25,000 for zoning ordinances. An agreement must be in place prior to planning
activities taking place; however, there will be no reimbursement for costs until the new ordinance is enacted.
Applications are available on the Office of Aviation website at:
httm s:.. forms. iowadot. gov. FormsMg . External. 291118.doc.
Submit with the annual application. Applications submitted at other times of the year may be approved subject to
available funding.
Windsocks: Windsocks are available to public use airports and may be ordered through the annual application
process or at any time by contacting Mike Marr at 515-239-1468 or via email: Michael.Marr(tldot.iowa.gov.
W:AModal\Aviation\Funding Programs\Forms\Applicarion Forms\Stare Program Instructions\FY2017 Stare Application Insnucrions.docx
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Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 57 of 60
ACRP
Guidance on Successful Computer
Maintenance Management System
(CMMS) Selection and Practices
faanw1a Ilii&elll
Ross & II::&aru zziinnii, Inc.I
St. ILouiis, MCA
[David Jiiviidenn
II"aid lWellnnic k
Marc Gartenfeld
I13alriich, Inc.I
C hanndllei AZ
E.i.nuniny "II'ellllo
Akadiis, LLC:
Alexandria, VA
Contractor's Final Report for ACRP 09-05
Submitted October 2014
Airport Cooperative erative Research (Program
TRANSPORTATION RESEARCH BOARD
Of THE NATIONAL ACADEMIES
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 58 of 60
This Guidebook documents and presents the results of a study of the CMMS practices in airports in the
US at the current time through surveys and case studies. It further delivers evaluation, selection and
implementation guidelines for use by airports of varied sizes and budgets. Features and capabilities of a
CMMS are outlined for reference during the selection process. Good implementation practices and
lessons learned from the research are presented to assist airports in their own implementation. The
findings of the study suggest that the preparation of the airport for an implementation should include an
extensive requirements definition process to assure that the software selection fits the airport's needs, and
that the configuration of the software be tailored to suit the airport's business processes.
v
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16 Page 59 of 60
Ail -ports are complex entities, with many diverse sets of assets including taxiways and runways, check -
in kiosks, fleets of vehicles, power grids and energy systems, security systems, mechanical systems,
computer systems, baggage handling systems, and signage, just to name a few. Keeping these vital assets
operational and spare parts storage at optimal service levels is a constant challenge. Ail -port Computer
Maintenance Management Systems (CMMS) are tools used to help manage the large number and varied
types of airport assets. A CMMS can simplify and streamline maintenance operations by helping to
schedule work, maintain inventory levels, manage records, track history, and perform many other useful
functions to manage airport assets. There are many vendors of CMMS software and many available
options from which to make a selection. How does an airport know which one and what options to
choose?
With the assortment of features, functions, and capabilities of the CMMS and add -on components
available on the market, it can be an overwhelming task for airport staff to understand and evaluate the
best solution for their airport when selecting a CMMS that will work now and in the future. The choice
of the best CMMS for the airport is a question that drives this Guidebook. There is no best software and
no best option for every airport, since the most appropriate solution depends on an airport's specific
needs. Until the airport defines those needs, it is impossible to know which software fits best. This
Guidebook is written to help airports understand their own requirements and then match them against
CMMS software to select the most suitable solution.
After an airport selects the CMMS to implement, the question of determining how the airport wants to
implement the CMMS needs to be addressed. Questions could include, for example, what assets does the
airport want to manage? How does the airport want to communicate data between the CMMS and the
procurement system? What about the scheduling system, financial systems? The implementation section
of the Guidebook addresses these and other issues, and sheds light on the decisions the airport needs to
make to carry out a successful implementation.
It is important to focus on the right factors for success in an implementation of this kind. To help
understand what those factors are, a survey and various case studies of airports that implemented CMMS
were conducted. Successful implementations of CMMS revealed factors that were commonly cited as
important to the implementation's success. Lessons learned from those airports are cited in this report so
that other airports can learn from their experiences. Some of the observations from that research may be
surprising, including the fact that internal support, adequate budget and resource allocation, development
of requirements, and executive support all were considered more relevant than the specific functionalities
of a particular software package.
This Guidebook is accompanied by an evaluation tool and a User Guide to the tool. The evaluation
tool can be used to help airports define their requirements for a CMMS program. Those requirements can
be used in a Request for Proposal, other procurement efforts, or in an internal development/
implementation process.
Airport Commission Agenda & Info Packet
Meeting Date 03-17-16
Page 60 of 60
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Or, Iowa City IA 52246 319-350-5045
WHEREAS, the Iowa City Airport Commission wishes to adopt the 2016 Airport Emergency
Plan, replacing an earlier version of the Airport Emergency Plan; and
WHEREAS, the 2016 Airport Emergency Plan is a confidential document under Section 21.5(1)(k)
of the Iowa Code; and
WHEREAS, the Airport Emergency Plan will become effective immediately following resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT:
1. The 2016 Airport Emergency Plan is adopted.
2. Previous versions of the Airport Emergency Plan are hereby rescinded.
Passed and approved this ...... day of_.............................................................................. 2016.
......................................
...............
CII-NAIIIRIF'EFRSON
RaYff
It was moved by
adopted, and upon roll call there were:
Ayes
and seconded by
Nays
A roved by
1
---Zz
City Attorneys Office
Absent
the Resolution be
Backenstedt
Gardiner
Odgaard
Ogren