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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. Airport Commission Agenda & Info Packet Meeting Date 03-17-16 Page 16 of 60 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 Airport Commission Agenda & Info Packet Meeting Date 03-17-16 Page 17 of 60 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 Airport Commission Agenda & Info Packet Meeting Date 03-17-16 Page 18 of 60 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" Airport Commission Agenda & Info Packet Meeting Date 03-17-16 Page 19 of 60 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. Airport Commission Agenda & Info Packet Meeting Date 03-17-16 Page 20 of 60 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 Airport Commission Agenda & Info Packet Meeting Date 03-17-16 Page 21 of 60 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 Airport Commission Agenda & Info Packet Meeting Date 03-17-16 Page 22 of 60 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 Airport Commission Agenda & Info Packet Meeting Date 03-17-16 Page 23 of 60 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 Airport Commission Agenda & Info Packet Meeting Date 03-17-16 Page 24 of 60 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 Airport Commission Agenda & Info Packet Meeting Date 03-17-16 Page 25 of 60 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 2of2 El yb o0 00 N N N N O NC NC J N N N N C N N N N a W b 1 1 z Cl 0 Cl 0 O H H H H E rl H H H Wrr Wrr a N O] N O] N N N N N N N N V x V O V V 4C a N� E H >1 VW 4 E. 3m OH H a eW OH >H O E. 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P4 O a a 0 ri m� �z 0 .. om oC ro ti 0 0 0 u u N N ro> urt 0 N 3 L Sa H o 0 0 Sa C H Sa rt- Sa a 0 0 rt rti w w U z X u rt al m N O1 Sa Sa ro rt W 7 H �zzz A H al 0 m w ro rt o w z w z C z o o C m o m rt z 0 0 u H ya z z z a -.a Sa C -1 0 r H m aro m m rt '� N 0 F H '0 1 '� 0 o a w ro u,7 C-� m ti 0 >ti W N N N O a rtzz NrJ ri U Oi ri w a u 10 -a m ro o u rou um0rom....�n�m-H....w ro m a H Xz C u-�H- 0 C7 N rt� W al u rt C mSaxal u-H CNSa u 0 -H-H io ro mtiioo z9 >.o 0a u a 10uN a CO-HH u H ti q mu u H-HIro rtC 1w1 o I I rt p uH.w' u u> Qai HSa u W -H C ow rt z A -H rt A rt ro Sa al 0 0 00 0 0 -H w 70 ti mm W alw - 0 Im Sa ..W 0 u 0-.aNNN Hw�XH uuI H U a1H u m00 uSa 7o 000rt�sa Oiq rt-a -H rt m Hr� uH uN II CCCCSa�roA eroa 0 0 7 ti Nr+id uq rt rtHH rtN al al al all Sa 7rW Oro 0 C alu -H uHH �m SaI I1W 0 OA770 rt Sau -H al Wrt uuuu uO xl�� m mmm oo u w rtm wm ro�.0 U U U U H N u W W N al w Sa Sa N -ri 0 N C Q. al N N 10 u u N C CCC u ro aImj ro Sa roIAHj> 0 rt u al al al al Saw' Cuuu rtH Sa 0 0070 7 -H C-H C z u I 7 7 7 7 0 r4 a r. j CWH C C C H C H Hurt U u 0 u u W C C Ivvvv I I I WW 0-.a-H-H 0 0 Qj 0-.a-H-H 0-H 0 0 0 1 OH 0 ro u a1 7 0 0 I al al al a C Sa Sa Sa 0 0 7 C Sa Sa Sa C Sa C C O a1 C C H al -O,0 0 U]U]U]U] w �awww W Cl U]�aww W H W HHU]ClH�'FC al O,q 0 u u w 0Ow w < < 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