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HomeMy WebLinkAbout08-17-2017 Airport CommissionIOWA CITY AIRPORT COMMISSION MEETING AGENDA AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE IOWA CITY, IOWA THURSDAY, AUGUST 17, 2017 - 6:00 P.M. 1. Determine Quorum 2. Approval of Minutes from the following meetings: 2 min" July 20, 2017 3. Public Discussion - Items not on the agenda 5 min 4. Items for Discussion / Action: a. FAA/IDOT Projects: AECOM / David Hughes 15 min i. Obstruction Mitigation ii. South Taxiway Extension 1. Consider a resolution accepting work iii. North T -Hangar Restroom b. Strategic Plan 60 min c. Airport "Operations" 15 min i. Budget 1. 2017-2018 T -Hangar Rates ii. Management iii. Events 1. Pancake Breakfast d. FBO / Flight Training Reports 15 min i. Jet Air e. Commission Members' Reports 2 min f. Staff Report 2 min g. 100 Year Anniversary Committee 5 min 5. Set next regular meeting for September 21, 2017 at 6:00 p.m. 6. Adjourn '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 If you will need disability -related accommodations in order to participate in this program/event, please contact Michael Tharp, Airport Operations Specialist, at 319-356-5045 or at michael-tharpCcDiowa- city.orp. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Airport Commission Agenda & Info Packet Meeting Date: August 17, 2017 Page 2 of 50 July 20, 2017 Page 1 MINUTES DRAFT IOWA CITY AIRPORT COMMISSION JULY 20, 2017 — 6:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Minnetta Gardinier, Christopher Lawrence, Robert Libby, A. Jacob Odgaard, Chris Ogren Staff Present: Michael Tharp, Eric Goers Others Present: Matt Wolford, David Hughes, Regenia Bailey, Jeff Davidson, Laura Routh RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None. DETERMINE QUORUM: Odgaard called the meeting to order at 6:02 P.M. ELECTION OF OFFICERS: First the election of officers took place. Odgaard noted that they need to elect a new Chairperson and a new Secretary. Ogren moved to nominate Bob Libby as new Chairperson. Odgaard seconded the motion. The motion carried 4-0, Gardinier absent. Second, the position of Secretary was discussed. Libby nominated Chris Lawrence as new Secretary. Ogren seconded the motion. The motion carried 4-0, Gardinier absent. APPROVAL OF MINUTES: New Chair Libby began with a discussion of the minutes from the June 27, 2017, meeting. Ogren moved to accept the minutes of the June 27, 2017, meeting as presented. Odgaard seconded the motion. The motion carried 4-0, Gardinier absent. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: a. FAA/IDOT Projects: AECOM / David Hughes i. Obstruction Mitigation — Hughes stated that since the last meeting, they did receive the official grant from the FAA. The first part of the process should take about a month, according to Hughes. July 20, 2017 Page 2 Airport Commission Agenda & Info Packet Meeting Date: August 17, 2017 Page 3 of 50 ii. South Taxiway Extension — Hughes noted that the taxiway is now paved and that the contractor is in the process of completing storm sewers and grading. The plan is to reopen this to traffic within the next week. iii. North T -Hangar Restroom — (Gardinierarrived during discussion) Hughes stated that they took bids today, with eight potential bidders. Only two bids were received and were more than double the estimate, according to Hughes. He added that they are recommending rejection of the bids. Goers shared that he has looked into this and found other departments within the City running into the same thing. There is so much work right now in the Iowa City area that contractors are bidding at very high numbers. 1. Consider Resolution A17-12 accepting bids and awarding contract — Ogren moved to reject the bids received. Odgaard seconded the motion. The motion carried 5-0. b. Strategic Plan — Jeff Davidson began the strategic planning discussion for the evening. He stated that he likes to begin these sessions by restating why they are there to begin with, which is: The goal is to create a management tool for them to use for the next five years, and to get themselves to a place in five years where they want to be, from where they are right now. He then turned the discussion over to Regenia Bailey. She spoke to the mission statement and what it does, and also the vision statement, which is a more aspirational statement. Bailey began to review the various drafted options, noting that changes were made in accordance with the Commission's previous discussions. She noted that verbiage from previous statements has been carried through to these as well. After reviewing the various options, Bailey asked what Members thought and if they favored any option in particular. Odgaard asked if it wouldn't be better to have just one sentence, and Bailey noted that many times it is done that way. Gardinier stated that one sentence is typically too long and people get lost in reading it. The discussion centered around draft option 1 and how they might change the wording there. "It" was suggested to be used in the first sentence, but after a brief discussion, Members agreed that having "The Airport" sounds better. The discussion then turned to the vision statement, with Davidson now leading the discussion. He noted that the vision statement is what they see in the future, if the organization is successful. He began to review the three draft options that were prepared, noting that of the three, he thinks there is an important distinction to one of them. He asked what Members' thoughts are regarding these options. Odgaard responded, noting that the first draft brings up a new concept in stakeholders. It was noted that this is the statement that used to be the mission statement. Davidson noted that the one thing he believes to be important about the first option is the strategic goals of the City. He briefly explained how the City adopted strategic planning goals, around the time when Bailey was on Council and Davidson was in Planning, and how these goals need to flow throughout the organization. Any City Council agenda item, for example, should be consistent with the goals of the strategic plan that the Council has adopted. Davidson stated that he believes there is value in stating that the 'vision of the Iowa City Municipal Airport is to be consistent with the City's strategic plan and the goals that the elected officials for this community set forth.' Goers spoke briefly to this July 20, 2017 Page 3 Airport Commission Agenda & Info Packet Meeting Date: August 17, 2017 Page 4 of 50 topic, noting that the City does want the Airport's strategic plan to line up with the City's, as Davidson has stated. Tharp noted that he also received this message, that the Council would be appreciative of the Airport's goals and objectives aligning with the City's goals and objectives. He added that he did print off the Council's strategic plan for the Commission to review. Discussion ensued, with Tharp responding to Member questions and concerns, and giving them some history on the Council's strategic plan. Bailey then spoke to the Council's strategic plans and how they have changed over the years, especially when a new Council has been seated. Davidson again asked if Members had any questions regarding the three vision statement drafts. Ogren spoke to the second draft, noting that she does not like the wording "is viewed." She stated that it sounds like they want to change their image. She suggested taking the third draft and adding strategic goals. The wording she suggested was : The Iowa City Municipal Airport supports the strategic goals of the City of Iowa City, and is an integral community asset that contributes to the region's economic vitality and invokes community pride. The other Members agreed to this wording. Gardinier then spoke to the second draft, stating that most of the community doesn't even know about the Airport. Bailey noted that this one is more aspirational in nature. Next the discussion centered around the public survey and the Airport Commission survey results. Bailey stated that Members need to keep in mind that the survey was to get a sense of the strengths and weaknesses of the Airport in order to use in the SWOT analysis. The public survey was available for 10 days at the beginning of June and was promoted heavily through the City's Communication Department with a press release, and Facebook and Twitter posts, according to Bailey. She stated that 575 public surveys were returned. She briefly highlighted some of the respondent data for Members, such as 464 of the 575 were Iowa City residents or 81%, and 70% of those were east of the Iowa River and 30% were west of the river. Continuing, Bailey stated that the largest category of respondents were non-users of the Airport. She spoke to some of the various categories of respondents and the percent of respondents in each of these. Looking at the statement, 'The Iowa City Municipal Airport contributes to the quality of life in Iowa City,' with 5 being strongly agree or 1 being strong disagree, and 3 being no opinion. Of the respondents, frequent users came in at strongly agree and agree, with periodic users coming in with agree. Non-users basically had no opinion. Members discussed some of the survey results, with Bailey responding to their questions. Bailey then shared the responses when the statement, 'The Iowa City Municipal Airport contributes to the economic impact vitality of Iowa City,' was posed. A list of strengths was compiled from both the public surveys and the Commission surveys, according to Bailey. She stated that in response to the question, 'What does the Iowa City Municipal Airport do well?' responses ranged from 'services' being a popular topic, to 'diverse aviation community.' Odgaard asked Bailey for some clarification of the 'service' category. She noted that this refers to things like flight instruction, self-service fuel, FBO services, wi-fi in terminal, charter service, and courtesy car. Bailey continued to review some of the comments received before moving on to 'diverse aviation community.' She reviewed some of the comments, noting that location July 20, 2017 Page 4 Airport Commission Agenda & Info Packet Meeting Date: August 17, 2017 Page 5 of 50 was noted as a strength as the Airport is 'self-contained and very accessible,' 'easy to get to downtown.' Odgaard asked what kind of comments were seen in regards to safety. Bailey responded that the comments were 'managing traffic and flight patterns well,' and 'a good safety record.' Bailey then spoke to 'weaknesses or needs improvement' items. She stated that this came from the question, "What doe the Iowa City Municipal Airport need to improve?" There were 45 comments linked to 'facilities,' 'public awareness/marketing' at 45 comments, and 'noise' came in with 30. She noted there was a huge gap as there were then 12 comments about events. Some of the comments regarding 'weaknesses,' included 'lack of hangar space,' 'technology,' 'no wi-fi to the hangars,' and 'instrument and precision approaches.' Bailey stated there were also some comments about maintenance of hangars and maintenance of runways. Gardinier asked for some clarification of responses, to which Bailey responded. The 'public awareness marketing' portion netted a response that, 'The Iowa City Municipal Airport does not do a good job in sharing information as to what they are actually doing.' Matt Wolford with Jet Air asked for some clarification on the number of actual responses, and Bailey spoke to the percentages received. Under the topic of 'opportunities,' Bailey stated that they only asked for the Commission's response on this one. She then shared what the Commission's responses were. The Airport being a 'community space,' was a big one; 'facility improvement,' 'growth of air traffic,' and some mention of the 'South Aviation Commerce Park' were given, as well as 'attract businesses and expand services..' Bailey addressed some of the events that were suggested that the Airport host , such as the 100 -year anniversary celebration, using Airport space for aviation -related educational training, and the sponsoring of more community events. More hangars was a big one under 'facility improvement.' 'Increasing medical traffic,' and also 'transient aircraft,' was mentioned, along with 'increasing businesses' at the Airport. The discussion continued, with Bailey speaking to the change in pilot demographics, that it is an aging population. She noted that she was unable to find much data on this, but that Tharp stated he had some information for her to read. Bailey added that this is something to consider when it comes to things like services and flight instruction. 'Obstruction mitigation' was noted as a challenge for the Airport. Other comments included 'expanding,' 'relocating,' 'misinformation about the amount the City subsidizes for the Airport,' 'frustration linked to noise, low-flying planes.' Another comment was that the Airport was a 'playground for the wealthy' and that there was a 'better use of tax dollars.' Bailey stated there were 121 comments in the additional comment section, which she thought was a good turnout. Davidson reminded the Commission that the last time they did this they received only 27 comments from the public. Bailey spoke highly of the Communication Department's involvement and suggestions in the process. Odgaard then asked what Bailey and Davidson would take from this data to use as a message, in just a sentence or two, to put into the strategic plan. Davidsor noted how they handled this portion the last time a strategic plan was done. He noted that their main task is going to be developing the goals and objectives at the next Commission meeting. For the remainder of this evening, however, Davidson noted they would like to go through the existing goals and objectives, July 20, 2017 Page 5 Airport Commission Agenda & Info Packet Meeting Date: August 17, 2017 Page 6 of 50 as this is where they will start from. Beginning the list, Davidson noted the first goal of, 'Maintain effective management structure and strong communication with the City Council and City Administration.' He added that this goal is from the original plan, dating back to 2006. He gave a brief history of how it came about. He stated that he and Bailey believe tremendous progress has been made on this one. He stated that there are, however, a few things they cannot ignore, with one being with this relationship is the notion of succession planning. The Council will be changing over time, Tharp's position will eventually change, etc. The notion is to keep this relationship with the City a healthy one. As for 'funding and increase/growth....', Davidson added that there has been tremendous improvement here as well. The operating subsidy has gone from roughly $100,00 to $10,000 to 20,000. 'Increase use of Airport for aviation and other community uses,' is one that Bailey and Davidson plan to look at the specific strategies under this and make sure there are things relevant now for the upcoming five years. 'Increase the usefulness of the Airport for economic development,' one that Davidson stated has seen some progress but that there is more room for improvement here. 'Upgrade taxiways, runways, and other Airport infrastructure,' Davidson stated that on the aviation side of things, these issues have been addressed with much progress made in the past few years. Tharp spoke to some of these issues as well, noting the facility improvements that have taken place. Davidson noted that a final comment was 'enhance appearance, curb appeal, accessibility, develop public viewing area.' Davidson asked if Members had any comments regarding the existing goals. Members began to discuss their views, noting that the first item has been addressed. The second item, according to Gardinier, should be reframed. Members continued to discuss what portions of this they would like to see included. Davidson noted that they can work on this area and bring it back to Members at the next meeting. Bailey asked if there was anything else Members wanted them to include with their work as they move forward on the next draft. Tharp stated that he will put a memo together using the previous goals and that he can address what they have done with respect to each one over the past five years or so. Davidson spoke briefly to some of the short-term ideas they may want to consider. Gardinier asked if the survey results are available, and Bailey stated they are. She noted that she has a .pdf of the the results, somewhere around 30 to 40 pages, that she can send to Members. Davidson stated that if there are any items such as technological advances that are coming to the Airport, that the Members should let them know so they can factor in such projects. Bailey asked if there are other trends being seen in aviation, besides the aging population, that might also be a factor. C. Airport Operations i. Budget — Tharp stated that they are officially into the FY18 budget year. He has worked with the Purchase Department and they have ordered the stacking chairs he wanted to have available for community events, and also chairs for the conference table. Tharp noted that the State has released a draft of the FY18 aviation program. Iowa City did not make the list, according to Tharp. He had the chance to speak with a State programmer on this, and the IT project that was applied for was a no-go, as was parking lot paving. Tharp responded to Member questions and concerns, noting that it appears there was not enough funding to go July 20, 2017 Page 6 Airport Commission Agenda & Info Packet Meeting Date: August 17, 2017 Page 7 of 50 around. Tharp noted the need for more parking and he stated that he is recommending they move ahead with the parking lot project, paying for it themselves. The project was estimated to cost $45,000, which included about $8,000 worth of engineering. Tharp added that he could see the State funding shrinking even more in the future. Gardinier asked about the larger crowds at the Airport recently and Tharp noted charters and also community groups using the conference room. Tharp stated that if the Members are okay with it, he will continue conversations with Public Works and see if they can come up with an actual project for the Commission to consider. ii. Management — Tharp stated that he and Josh have done the annual hangar walk-throughs. Ultimately 59 T -hangars, nine that need wire replacement, four that need upper door seals, 11 need bottom door seals, and several doors with random issues. In three hangars the lights were not working. Tharp stated that he does not have pricing at this point, but that he is getting numbers together to see what costs may be. An issue that was brought up last month was having flat screens on the walls in the terminal. Tharp stated that he spoke with Jet Air's IT person recently to talk about this idea and they came up with putting two 40 -inch TVs on the corner of each bay so they can be seen from most every angle. Various things can play throughout the day, using mini -computers to serve as the 'brains' of the set-up. Costs are estimated to be around $800 for the TVs and everything needed to set this up. Members spoke briefly to what type of programming they would like to see on these screens. Tharp stated that if the Commission is okay with this, they will move ahead with the project. iii. Events 1. Sertoma — Tharp stated that this is still planned for August 20th. He is working with the groups involved to make sure they have enough parking in the areas where it is typically needed. Gardinier asked where the taxiway project will be when Sertoma starts and Tharp responded. He noted that the taxiway will be open, but that they will not have time to get grass going yet. He and Wolford have talked about using straw or something like that if necessary. Tharp noted that he and Goers, along with Risk Management and Engineering at the City, have had a couple of discussions about adding a handrail. They have had a second person trip and fall in this area. Goers also spoke to the situation, noting that there is no code requirement on this, but it was felt that a handrail would be a visual cue to people to prevent them from tripping. Preliminary estimates put this project around $1,000, according to Tharp. There may also be some ADA issues, but it should be fairly straightforward. Members continued to discuss such a railing and whether they would want to include the ramp area in this project. Members suggested getting estimates for both options, and agreed that if the total cost is under $2,000 Tharp should move forward with the project. July 20, 2017 Page 7 Airport Commission Agenda & Info Packet Meeting Date: August 17, 2017 Page 8 of 50 FBO / Flight Training Reports L Jet Air — Matt Wolford began with sharing the monthly reports. He stated that the main maintenance task has been mowing and weeding. They have also been busy with seeding around the new hangar, hoping to get something to start growing before the Sertoma event. Wolford then spoke to the Sertoma event and how they plan to use the new hangar as part of that. Gardinier asked Wolford if he has ever talked with the Children's Museum about having some type of exhibit at the Sertoma event. Wolford stated that he is not aware of any communication with them. Tharp stated that they have suggested this to the Sertoma group in the past, but that they are the ones planning it. Everyone agreed that it would be a good idea. The discussion continued, with Members talking about the Sertoma event and other events for the community that are held at the Airport throughout the year. Wolford then spoke to Jet Air and their business. He has hired a new flight instructor, adding that she graduated from Purdue's aviation program. Also, one of Jet Air's line guys just received his pilot's license. In the shop, Wolford noted that he has hired another mechanic. Continuing, Wolford stated that today he went to an auction and they ended up buying a lot of things, such as an old fire truck from the Quad City Air Show. He continued to share with Members some of the other items that Jet Air purchased. Charter flights have been keeping them busy, as has sending new pilots for training. e. Commission Members' Reports — Ogren noted that she will be at Osh Kosh through Tuesday. Gardinier stated that she is driving to Osh Kosh on Sunday. She also added that she recently returned from San Antonio and that Stinson Field is a pretty cool airport that she would highly recommend. Staff Report — None. 100 -year Anniversary Committee — Ogren stated that there has been no movement here due to other obligations. SET NEXT REGULAR MEETING FOR: The next regular meeting of the Airport Commission will be held on Thursday. August 17, 2017, at 6:00 P.M. in the Airport Terminal Building. NEW HANGAR TOUR: Commission members along with staff, and Matt Wolford walked to the new hangar that had recently been built. Wolford described to members the size of aircraft which could be fit, and demonstrated the hydraulic door of the hangar. Members asked questions about the hangar to which Wolford responded. Wolford also showed to those present aircraft which had been parked nearby that were newly based at the airport. ADJOURN: Airport Commission Agenda & Info Packet Meeting Date: August 17, 2017 Page 9 of 50 July 20, 2017 Page 8 Ogren moved to adjourn the meeting at 8:24 P.M. Gardinier seconded the motion. The motion carried 5-0. CHAIRPERSON DATE July 20, 2017 Page 9 Airport Commission Agenda & Info Packet Meeting Date: August 17, 2017 Page 10 of 50 Airport Commission ATTENDANCE RECORD 2017-2018 Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM o O O O O O O O O O O VW W f0 O N N W A N T V NAME UN N a) O 1 1 N O 1 -4 1 N 3 1 W S 1 rn 1 m 3 N O 3 N ui 3 N - N o 3 W 0 W 0 W 0 W J W 0) T T V V V V V V V Minnetta 07/01/19 O/ O/ Gardinier X X X X X X X X X X E 'E X X Chris Ogren 07/01/18 X X E X X X X X X X X X X X A.Jacob 07/01/18 0/ Odgaard X X X X X X X X X E X X X X Julie 07/01/17 O Bockenstedt / / O/ O/ N X E X E X X X X X X E X E M Robert Libby 07/01/20 O O O/ X E X X O O E X X X X X E X Christopher 07/01/21 N N N N N NN N N Lawrence NM M M M M NM NM NM M M ME Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time Airport Commission Agenda & Info Packet � � Meeting Date: August 17Agad� 515 3237919 topage 11 of 50 500 SW 7th Street 515 244 4803 fax Suite 301 Des Moines, Iowa 50309 www.eecom.com August 11, 2017 Mr. Robert Libby Iowa City Airport Commission 1801 S. Riverside Drive Iowa City, IA 52246 SUBJECT: Taxilane Extension Iowa City Municipal Airport Iowa City, Iowa Iowa DOT AIP Project 911601OW100 Contract No. 18553 AECOM ID No. 60525467 By this letter, we hereby state: 1. We have made a final review of the project and recommend acceptance. 2. To the best of our knowledge and belief, based on observations of AECOM staff during construction, the contractor, Metro Pavers, Inc. has performed the work in accordance with the contract requirements in effect for the above -referenced project. 3. The total cost of the completed work is $ 90,300.00. P.i6052W710W Taxilane EMensionV300_CommunicaticnsQ10_CIIen8RL081117.Itr.acc I hereby certify that this engineering document was prepared by me or ,".,, X10 ...... ", Q�.» ,�oNq,i"'°-, under m direct personal supervision and that I am a dui licensed Y P P Y a •.• •fir Professional Engineer under the laws of the state of Iowa. = " j DAVID 8. %C, HUGHES •Z_ 13037 g/tt�t"'} ;U David B. Hughes Date sir, iS ~•••.•.M•• �` QW% License No. 13037 My license renewal date is December 31, 2017. Pages or sheets covered by this seal: Lliiir 014�J P.i6052W710W Taxilane EMensionV300_CommunicaticnsQ10_CIIen8RL081117.Itr.acc Airport Commission Agenda & Info Packet Meeting Date: August 17, 2017 Page 12 of 50 Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. Resolution accepting the work for the South Taxiway Extension Project Whereas, the Commission's consultant for the South Taxiway Extension Project, AECOM, has reported that the work associated with this project has been completed by Metro Pavers, Inc., and has recommended that we accept the work as complete; and Whereas, the final contract price is $90,300.00, which is established from the original contract cost of $87,800.00 and $2,500.00 from Change Order #1. Now, therefore, be it resolved by the Iowa City Airport Commission: 1. Said improvements are hereby accepted by the Iowa City Airport Commission. Passed and approved this day of 2017. CHAIRPERSON ATTEST: SECRETARY It was moved by and seconded by adopted, and upon roll call there were: Ayes Nays A�d �( City Attorney's Office Absent the Resolution be Gardinier Lawrence Libby Odgaard Ogren Airport Commission Agenda & Info Packet r Meeting Date: August 17, 2017 Page 13 of 50 CITY OF IOWA CITY --"'�=TMEMORANDUM Date: August 11, 2017 To: Airport Commission From: Michael Tharp Re: 5 Year Strategic Plan Summary and Progress Report The previous 5 Year Strategic Plan was adopted by the Airport Commission on April 15, 2010 to be implemented started in Fiscal Year 2011 (July 1, 2010) and running through Fiscal Year 2015 (June 30, 2015). This is meant to provide a summary of actions taken in accordance with the goals from that plan, for use as the Commission begins discussing the new goals and objectives for the next 5 - year plan. The Strategic Planning Goals were described as follows each goal following this list will have a greater detail of items that are planned, in progress, or completed: Maintain effective management structure and strong communication with the City Council and City Administration. Develop and maintain adequate funding mechanisms for airport operations and improvements; increase revenue generated by airport operations. Increase use of the airport for aviation and other community uses. Increase the usefulness of the airport for economic development. Upgrade taxiways and runways and other airport infrastructure. Enhance appearance and "curb appeal" of the airport; develop a public viewing area on the airport grounds. Goal 1: Maintain Effective management structure and strong communication with the City Council and City Administration The Airport Commission adopted the 2011-2015 strategic plan April 15, 2010. Airport Operations Specialist attends weekly staff department heading meeting with City Manager's Office. Airport Operations Specialist and/or Airport Commission Chair present an annual report to Council. Goal 2: Develop and maintain adequate funding mechanisms for airport operations and improvements: increase revenue generated by airport operations; sell property to repay debt for infrastructure development of Aviation Commerce Park Airport Commission has sold all lots in Aviation Commerce Park. The proceeds have retired all airport debts. Airport Staff annually compares rental rates of airport hangars to area airports. Recommendations are forwarded to Airport Commission based on market value of hangars. August 11, 2017 Airport Commission Agenda & Info Packet Page 2 Meeting Date: August 17, 2017 Page 14 of 50 Rental Income from hangar and land leases have increased from $271,600 in FY2010 to $323,682 in FY2015 a 19% increase over the last 5 years. Commission from fuel sales which depends heavily on traffic have fluctuated and been effected by both economic conditions as well as construction activity at the airport and have ranged from $14,543 in 2010 to a peak of $27,445 in FY2015. This represents nearly a 100% gain in fuel sales over the last 5 five years. General levy support has been reduced as the Airport has been able to increase its revenue and repurpose funding that was being used to pay debt service. FY10 the levy supported airport operations with a transfer of $120,000. FY15 levy support was $68,415. The levy support for airport operations has continued to be reduced in following years. Airport Projects are funded either locally or through grants programs on the state and federal level. Federal Aviation Administration Airport Improvement Programs (AIP) provides funds for the national aviation system. The Iowa City Municipal Airport receives $150,000 annually as part of the non -primary entitlement program to be used on projects funded under this program. Federal Grants are funded at 90% federal share for projects. Since January 1, 2010 the Iowa City Municipal Airport has received over $9.5 million in funds for projects ranging from construction of the Runway 7/25 parallel taxiway, to the Airport Master Plan development grant. The Iowa Department of Transportation funds projects through the General Aviation Vertical Infrastructure (GAVI) and a state level AIP program. These programs provide funds for projects similar in scope, and in some cases enhanced from the federal AIP program. State grants are funded at state shares of 70-85% for projects. Since January 1, 2010 the Iowa City Municipal Airport has received $1.25 million which has been used for projects that have included building rehabilitation, aircraft and vehicle parking improvements, and taxiway repairs and rehabilitation. Goal 3: Increase use of the airport for aviation and other community uses. The Iowa City Municipal has been the annual host for the Iowa City SERTOMA club's pancake breakfast fly -in for the past 31 years. This event brings on average 3000 people to the airport and helps raise money for the club's activities The Airport hosted Fly Iowa in 2014 drawing several thousand attendees to the free event. The Airport hosts an annual Young Eagles event with the Experimental Aircraft Association Chapter 33. This event provides free airplane rides to youth between the ages of 7-17. The Airport has been host to the start of the Air Race Classic and has also been a fuel stop for a second race. These occurred in 2011 and 2014 respectively Airport Conference room has been listed at the Iowa City Public Library as an alternative meeting space. This room has been utilized by city, county, and state staff. Local business and charitable groups have also used space on an as needed basis. Jet Air/Airport has hosted ICAD meeting events, Chamber of Commerce luncheons, and other community groups. Goal 4: Increase the usefulness of the airport for economic development The Airport Commission has approved a private hangar development agreement with the FBO (completed in 2012). It has used that agreement for a template in 2 other private agreements August 11, 2017 Airport Commission Agenda & Info Packet Page 3 Meeting Date: August 17, 2017 Page 15 of 50 (completed in 2017). These projects expanded the available storage space at the airport with limited investment of airport dollars. The Iowa City Municipal has held in the past meetings of the Iowa City Area Development and Chamber of Commerce. The Annual ICAD meeting was hosted by Jet Air in 2015 The Iowa City Municipal Airport annually hosts the SERTOMA Pancake Breakfast and Fly -In. This brings several thousand people to the airport where they can support the SERTOMA club as well as get aircraft rides. Goal 5: Upgrade taxiways and runways and other airport infrastructure Airport projects are funded either locally or through grants programs on the state and federal level. Federal Aviation Administration Airport Improvement Programs (AIP) provides funds for the national aviation system. The Iowa City Municipal Airport receives $150,000 annually as part of the non -primary entitlement program to be used on projects funded under this program. Federal Grants are funded at 90% federal share for projects. Since January 1, 2010 the Iowa City Municipal Airport has received over $9.5 million in funds for projects including the previously mentioned parallel taxiway, land acquisition to acquire runway protection zone area and other safety projects. If there is a federally funded project, that project will also use the airport's annual entitlement funding. If there is no federally funded project in the fiscal year, then the airport can choose to use the entitlements funds on a project that is eligible under the AIP guidelines are carry-over the funds into the next federal fiscal year. Airports can continue to bank funds for 4 years to accumulate funds necessary for large scale projects. The Iowa Department of Transportation funds projects through the General Aviation Vertical Infrastructure (GAVI) and a state level AIP program. These programs provide funds for projects similar in scope, and in some cases enhanced from the federal AIP program. State grants are funded at state shares of 50-85% for projects. Since January 1, 2010 the Iowa City Municipal Airport has received $1.25 million which has been used for projects which have included building, parking and taxiway repairs and rehabilitation. The Iowa City Airport Commission maintains a 20 -year project plan with the FAA which details the requested projects to be constructed at the Airport. Airport Pavement Conditions reports are done on a 3 -year cycle by the Iowa DOT for each airport in the state. Projects funded by the state grant programs (AIP, GAVI) include: 2010: Hangar L Box hangars 2011: Airfield Lighting 2012: Taxiway Extension, Terminal/Build D Roof Rehabilitation 2013: Taxiway overlays, Airfield Security Improvements (LED lights, cameras) 2014: Fuel Tank Rehab, Electrical feeder line replacement 2015: Terminal Apron Expansion 2016: Taxiway Extension, North T -hangar Restrooms Projects funded by the FAA AIP program include: 2010 Runway 7/25 Parallel Taxiway Grading/Drainage 2011 Runway 7/25 Parallel Taxiway Paving/Lighting 2013 Land Purchase — RPZ zone protection 2014-2015 Airport Master Plan update 2016-2017 EA Obstruction Mitigation August 11, 2017 Airport Commission Agenda & Info Packet Page 4 Meeting Date: August 17, 2017 Page 16 of 50 Goal 6: Enhance appearance and "curb appeal" of the airport; develop a public viewing area on the airport grounds Airport projects have changed exterior building lighting from old incandescent lights to LED fixtures. Grounds keeping projects completed to "clean up" entry area and to restore the green space around the terminal building. Airport has added taxiway lighting for taxiway bravo with funds from a state grant project. Airport created a viewing area with a picnic area and covered shelter, and installed bike racks for use by visitors. Plans call for additional amenities to the view area Airport completed a fuel tank rehabilitation project which recoated existing tanks Airport completed several pavement rehabilitation projects around the hangar areas Airport expanded the aircraft parking apron, and expanded taxilanes to facilitate Hangar M, N, L and Hangar 80 (private) development. Rehabilitation of the front display jet was completed in 2015 Airport Commission Agenda & Info Packet r Meeting Date: August 17, 2017 Page 17 of 50 CITY OF IOWA CITY --"'�=TMEMORANDUM Date: August 11, 2017 To: Airport Commission From: Michael Tharp Re: T -Hangars rates and fees for 2017-2018 History: The Airport Commission annually discusses T -Hangar Rates and Fees for the T - hangars at the Iowa City Municipal Airport, All 59 T -hangars operate on the same lease language and run from October 1 — September 30 of the following year. Iowa City has consistently measured at or above area airports in regards to T - Hangar Rates. Last Adjustments: The Airport Commission raised the South T -hangar rates for the 2014/2015 cycle 4% from the last increase which had been in 2011. North T -hangar rates were last increased in the 2011/2012 cycle. Current Conditions: Iowa City rentals rates continue to be at a premium when compared to surrounding airports. Staff views the current rates on the North T - hangars as to be near a price ceiling. The South T -hangars do not appear to be as close to a price ceiling, but continue to be at a premium. With the exception of one airport, as noted below, area airports have maintained hangar rates at the same levels for several years now. North T -hangars, especially building A have been slow to rent (this building also houses 2 hangars purposely left open for emergency situations). T -Hangar Monthly Rates at select airports Iowa City Airport $144-$243 (current rates) Cedar Rapids $88-$203 (for comparable hangars), has hangars outside of this range Ames $7/ft2 monthly, based on aircraft (new ownership) Tipton $100 (same since 2013) Washington $80-115 (+$10 from last year's pricing) Davenport $105-235 (same since 2011) Recommendation: Staff is recommending that we maintain the existing rates for the 2017/2018 T -hangar Lease period. -mamma- -- S^^S `o ------------ � \ E N A -oma E ry m > Y V U ry c c c a� oz O � N C ] � Q Q C O N� N ❑ E' 00 0 of U 88m --- Airport Commission Agenda & Info Packet Meeting Date: August 17, 2017 Page 19 of 50 T -HANGAR LEASE (2017-2018) This T -HANGAR LEASE ("Lease") entered into by and between the Iowa City Airport Commission ("Commission") and ('Tenant") in Iowa City, Iowa. In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties hereby agree as follows: Lease of the Hangar Space. The Commission hereby leases to Tenant hangar space in Hangar # (the "Hangar Space") located at the Iowa City Municipal Airport (the "Airport") and described as follows: T -hangar with a bifold door. The Hangar Space shall be used and occupied by Tenant principally for the storage or construction of the following aircraft: Aircraft Make & Model Aircraft Registration Number Aircraft Registered Owner Name Registered Owner Home and Business Telephone Numbers Email address of Tenant Additional Aircraft Partners Tenant shall promptly notify the Commission in writing of any change in the information furnished above. Tenant may request permission to store a substitute aircraft in the Hangar Space by making a written request to the Commission. In the event Tenant is permitted to store a substitute aircraft in the Hangar Space, all provisions of this Lease applicable to the Aircraft shall also be applicable to the substitute aircraft. Tenant shall immediately notify the Commission upon sale of the aircraft listed above. Tenant shall have 90 days from sale date to replace aircraft; after which the Commission may terminate the lease. Term. The term of this Lease shall commence on October 1, 2017, and shall end on the last day of the month of September, 2018. Provided Tenant is in compliance with all terms and conditions of this Lease, the Commission acknowledges that Tenant will likely be offered another one-year lease at the expiration of the term of this Lease, and Tenant acknowledges that rent will likely be increased under the subsequent one-year lease. If Tenant does not intend to execute another lease following the expiration of the term of this Lease, Tenant agrees to notify the Commission 45 -days prior to the expiration of the existing term in order to facilitate the Commission in locating another tenant. In the event Tenant shall continue to occupy the Hangar Space beyond the term of this Lease without executing a Lease for another 12 -month term, such holding over shall not constitute a renewal of this Lease but shall be a month-to-month tenancy only. Rent. For use of the Hangar Space, Tenant shall pay the Commission the amount of $ per month, payable in advance on the first day of each month. A 1.5% late fee (which is $ per day) for rent not received by the Commission will be charged after the fifteenth (15th) day of each month. Airport Commission agenda & Info Packet Meeting Date: August 17, 2017 Page 20 of 50 Home Built Fee. Tenant acknowledges the following: If the Tenant uses the Hangar Space to construct an "amateur built/home built" aircraft, Tenant shall pay a "home built fee" of $10.00 every month for electricity until the FAA issues an Airworthiness Certificate. The fee is due regardless of the number of days that the Hangar Space is used for said purpose in that particular month. Tenant shall make payment to the Commission by the last day of the succeeding calendar month. "Amateur built/home built" aircraft is defined as aircraft built by individuals and licensed by the Federal Aviation Administration (FAA) as "Experimental" (The parties acknowledge that this definition is adopted from the EAA web site www.eaa.org .) 4. Security Deposit. At the time of execution of this Lease, Tenant shall pay to the Commission in trust the sum of one month's rent to be held as a rental deposit. At the termination of the Lease, the Commission shall return the deposit to the Tenant less any amounts due to repair damage, conduct cleanup or owed to the Commission. If the Tenant renews the lease each year, the deposit will be held over for the next year. 5. Use of the Hangar Space. a. The Hangar Space shall be used primarily for storage or construction of the Aircraft consistent with the Federal Aviation Regulations (FARs) and the Minimum Standards. This provision is not to be construed as a prohibition for storage of maintenance materials, cleaning materials, tools, parts, spares, and other aircraft components. b. Tenant may park his/her car in the Hangar Space during such time that Tenant is using the Aircraft. C. No commercial activity of any kind shall be conducted by Tenant in, from or around the Hangar Space, without prior written approval of the Airport Commission as specified in paragraph 25. d. Tenant may perform maintenance, including painting, on aircraft described in Paragraph 1 in accordance with FARs. Tenant shall not perform maintenance, including painting, in any other hangar or anywhere on the airport. Tenant shall take steps to ensure maintenance work will not damage the Hangar Space, Airport or adjacent Hangar Space where the work is performed and will not emit offensive odors. e. Tenant shall be responsible and liable for the conduct of its employees and invitees, and of those doing business with it, in and around the Hangar Space. Tenant shall keep the Hangar Space clean and free of debris at all times. f. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply with all applicable ordinances, rules, and regulations established by any federal, state or local government agency. g. Tenant shall dispose of used oil only in approved receptacles. Tenants may dispose of batteries only in approved methods (trash and dumpsters are not approved methods). h. At no time shall Tenant start or run his/her Aircraft engine(s) within the Hangar or Hangar Space. Airport Commission 8genda & Info Packet Meeting Date: August 17, 2017 Page 21 of 50 j. On the termination of this Lease, by expiration or otherwise, Tenant shall immediately surrender possession of the Hangar Space and shall remove, at its sole expense, the Aircraft and all other property therefrom, leaving the Hangar Space in the same condition as when received, ordinary wear and tear excepted. k. Tenant shall be liable for any and all damage to the Hangar or to the Hangar Space caused by Tenant's use, including, but not limited to, bent or broken interior walls, damage due to fuel spillage, or damage to doors due to Tenant's improper or negligent operation. 6. Smokefree Air Act Smoking is prohibited throughout the Iowa City Municipal Airport, including the Hangar Space. 7. Rights and Obligations of Tenant. a. Tenant shall have at all times the right of ingress to and egress from the Hangar Space, except as provided in Paragraph 13. To ensure this right, the Commission shall make all reasonable efforts to keep adjacent areas to the Hangar Space free and clear of all hazards and obstructions, natural or manmade. b. Tenant shall be responsible to maintain the interior of the Hangar Space to include janitorial services, maintaining all interior lights, cleaning of stoppages in plumbing fixtures and drain lines, cleaning of snow within two (2) feet of the apron adjoining the Hangar Space, disposing of any debris or waste materials, and maintaining any Tenant constructed structures and equipment. The Commission shall be the sole judge of the due maintenance undertaken by the Tenant, and may upon written notice, require specific maintenance work to be completed. If such maintenance is not completed within a reasonable time period, the Commission shall have the right to perform such due maintenance, and Tenant shall reimburse the Commission for the cost of such maintenance upon presentation of a billing. C. Tenant shall provide and maintain hand fire extinguisher for the interior of the Hangar Space of the building in accordance with applicable safety codes. Fire Extinguishers shall be at minimum, rated 2A, 10B:C as further defined by the NFPA 10: Standard for Portable Fire Extinguishers d. Tenant shall not store any materials outside the Hangar Space. e. Tenant shall promptly notify the Commission, in writing, of any repairs needed on the Hangar or to the Hangar Space. 8. Rights and Obligations of the Commission. a. The Commission shall at all times operate and maintain the Airport as a public airport consistent with and pursuant to the Sponsor's Assurances given by Authority to the United States Government under the Federal Airport Act. b. The Commission shall not unreasonably interfere with the Tenant's use and enjoyment of the Hangar Space. Airport Commission 4genda & Info Packet Meeting Date: August 17, 2017 Page 22 of 50 C. The Commission shall maintain and keep the Hangar and Hangar Space in good repair except for the maintenance obligations of Tenant set forth in the Lease. In no event, however, shall the Commission be required to maintain or repair damage caused by the negligent or willful act of Tenant, its agents, servants, invitees, or customer. However, if due to any negligent or willful act by the Tenant, its agents, servants, invitees or customer, there is a need for maintenance or repair of damage, then Tenant shall secure such maintenance or repair in a prompt, reasonable manner, as approved by the Commission. Snow shall be removed from in front of Hangar Space to within at least two (2) feet of the Hangar. Snow removal closer than two (2) feet is the responsibility of the Tenant. The Commission shall ensure appropriate grounds keeping is performed year round. Sublease/Assignment. Tenant shall not sublease the Hangar Space or assign this Lease without the prior written approval of the Commission. 10. Condition of Premises. Tenant shall accept the Hangar Space in its present condition without any liability or obligation on the part of the Commission to make any alterations, improvements or repairs of any kind on or about said Hangar Space. 11. Alterations. Tenant shall not install any fixtures or make any alterations, additions or improvements to the Hangar Space without the prior written approval of the Commission, or designee. All fixtures installed or additions and improvements made to the Hangar Space shall, upon completion of such additions and improvements, become Commission property and shall remain in the Hangar Space at the expiration or termination of this Lease, however terminated, without compensation or payment to Tenant. Fixtures include, but are not limited to, locks, brackets for window coverings, plumbing, light fixtures, luminaries, and any item permanently attached to the wall, floor, or ceiling of the Hangar Space by means of cement, plaster, glue, nails, bolts, or screws. 12. Hazardous Materials. With the exception of Paragraph 12c below, no "hazardous substance," as defined in Iowa Code section 4556.411 (2017), may be stored, located, or contained in the Hangar Space without the Commission prior written approval. (The Iowa Code can be found online at www.1eqis.state.ia.us/1ACODE. The. U.S. Code can be found online at www.findlaw.com/casecode/uscodes/index.htmi Federal regulations can be found online at http://www.access.gpo.gov/nara/cfr/cfr-table- search.html. ) Petroleum products and their byproducts for personal use may be stored or present in the Hangar Space if said substances are contained in approved containers. With the exception of Paragraph 12c below, 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 Airport Commission ggenda & Info Packet Meeting Date: August 17, 2017 Page 23 of 50 the Tenant, the Tenant shall be responsible for the clean up, containment and otherwise abatement of such contamination at Tenant's sole cost and expense. Further, Tenant shall notify the Commission and appropriate governmental agency of such occurrence immediately. Should Tenant fail to do so, the Commission may take any reasonable and appropriate action in the Tenant's stead. The cost of such remedial action by the Commission shall be paid by the Tenant. c. 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 13. Special Events. During any special event at the Airport, including but not limited to the Sertoma Breakfast or Fly Iowa, Tenant acknowledges that the standard operating procedure at the Airport may be altered such that egress and ingress to the Hangar Space may be altered by the Commission in writing. Tenant's failure to comply with the altered procedure is a default of this Lease, and the Commission may proceed to terminate this Lease. 14. Airport Rules and Regulations. Tenant agrees to be subject to Airport rules and regulations upon adoption by the Commission or provide 30 -days notice to terminate this Lease. Commission shall provide Tenant with a copy of said and regulations 30 -days prior to their effective date. 15. Access and Inspection. The Commission has the right to enter and inspect the Hangar Space at any reasonable time during the term of this Lease upon at least 24 hours notice to the Tenant for any purpose necessary, incidental to or connected with the performance of its obligations under the Lease or in the exercise of its governmental functions. In the case of an emergency, the Commission may enter the Hangar Space without prior notice but will provide notice to the Tenant after the fact. The Commission shall not, during the course of any such inspection, unreasonably interfere with the Tenant's use and enjoyment of the Hangar Space. At a minimum, the Hangar Space will be inspected annually. Upon execution of this Lease, the Commission shall provide Tenant with a key to the Hangar Space, and if the Tenant subsequently changes the lock to the Hangar Space, he or she shall provide shall provide notice to the Commission before he or she does so and shall provide a new key to the Commission within twenty-four hours of doing so. 16. Insurance. a. Tenant shall at its own expense procure and maintain general liability and casualty insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage Aircraft Liability, including incidental premises liability — Each Occurrence $1,000,000 Airport Commission ggenda & Info Packet Meeting Date: August 17, 2017 Page 24 of 50 b. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Commission and the City of Iowa City, as additional insured. The Commission and Tenant acknowledge that a Certificate of Insurance is attached to this Lease. Tenant shall provide fifteen (15) days notice to the Commission before cancellation of said insurance. C. It is the Tenant's responsibility to keep the insurance certificate current. If the Certificate of Insurance expires during the term of the lease, the Tenant must provide a current certificate to the Commission within seven (7) days of when the Certificate expires. 17. Casualty. In the event the Hangar or Hangar Space, or the means of access thereto, shall be damaged by fire or any other cause, the rent payable hereunder shall not abate provided that the Hangar Space is not rendered untenantable by such damage. If the Hangar Space is rendered untenantable and Commission elects to repair the Hangar or Hangar Space, the rent shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts or omissions of Tenant, its employees, agent or invitees, in which case the rent shall not abate. If the Hangar or Hangar Space is rendered untenantable and Commission elects not to repair the Hangar or Hangar Space, this Lease shall terminate. 18. Indemnity. Tenant agrees to release, indemnify and hold the Commission and the City of Iowa City ("City"), its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the Commission and the City by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non-performance by Tenant or its servants, employees or agents of any covenant or condition of the Lease or by any act or failure to act of those persons. The Commission and City shall not be liable for its failure to perform this Lease or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Commission's control. 19. Disclaimer of Liability. The Commission hereby disclaims, and Tenant hereby releases the Commission from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the Aircraft or other property of Tenant that may be located or stored in the Hangar Space, unless such loss, damage or injury is caused by the Commission's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Commission be liable for indirect consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Hangar Space under this Lease. 20. Attorney Fees. If the Commission files an action in district court to enforce its rights under this Lease and if judgment is entered against the Tenant, Tenant shall be liable to and shall pay for the Commission's attorney fees incurred in enforcing the Lease and in obtaining the judgment. Airport Commission Ykgenda & Info Packet Meeting Date: August 17, 2017 Page 25 of 50 21. Default. This Lease shall be breached if: (a) Tenant fails to make the rental payment; or (b) Tenant or the Commission fails to perform any other covenant herein and such default shall continue for five (5) days after the receipt by the other party of written notice. 22. Security. Tenant acknowledges that the FAA or another governmental entity or subdivision may enact laws or regulations regarding security at general aviation airports such that the Commission may not be able to comply fully with its obligations under this Lease, and Tenant agrees that the Commission shall not be liable for any damages to Tenant that may result from said non-compliance. 23. Thirty (30) Days Termination. Either party to this Lease shall have the right, with cause, to terminate this Lease by giving thirty (30) days' prior written notice to the other party. 24. Non -Discrimination. Tenant shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 25. Doing Business at the Airport. Tenant acknowledges that he/she/it may only conduct business and engage in commercial activity at the Airport as provided in the Minimum Standards and only after written permission has been obtained from the Airport Commission. 26. FAA Provisions. a. Tenant, for itself, heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. b. Tenant, for itself, personal representatives, successors in interest, and assigned, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that Tenant, shall use the premises in compliance Airport Commission 8genda & Info Packet Meeting Date: August 17, 2017 Page 26 of 50 with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. C. It in understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. This Lease shall be subordinate to the provisions of any outstanding or future agreement between the Commission and the United States government or the Commission and the State of Iowa relative to the 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 the Airport d. Tenant agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Tenant may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. e. The Commission reserves the right (but shall not be obligated to Tenant) to maintain and repair the landing area of the airport and all publicly -owned facilities of the airport, together with the right to direct and control all activities of Tenant in this regard. f. The Commission reserves the right further to develop or improve the landing area and all publicly -owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of Tenant, and without interferences or hindrance. g. The Commission reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstructions, together with the right to prevent Tenant from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of the Commission would limit the usefulness of the airport or constitute a hazard to aircraft. h. During time of war or national emergency, the Commission shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly -owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. i. It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport. j. There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the airport. k. The Lease shall become subordinate to provisions of any existing or future agreement between the Commission and the United States of America or any agency thereof relative to the operation, development, or maintenance of the Airport Commission 6genda & Info Packet Meeting Date: August 17, 2017 Page 27 of 50 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. 27. Remedies Cumulative. The rights and remedies with respect to any of the terms and conditions of this Lease shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party in law or equity. 28. Notices. Any notice, for which provision is made in this Lease, shall be in writing, and may be given by either party to the other, in addition to any other manner provided by law, in any of the following ways: a. by personal delivery to the Commission Chairperson b. by service in the manner provided by law for the service of original notice, or C. by sending said Notice by certified or registered mail, return receipt requested, to the last known address. Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. (1) If to the Commission, addressed to: Iowa City Airport Commission Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 (2) If to Tenant, addressed to: 28. Integration. This Lease constitutes the entire agreement between the parties, and as of its effective date supersedes all prior independent agreements between the parties related to the leasing of the Hangar Space. Any change or modification hereof must be in writing signed by both parties. 29. Waiver. The waiver by either party of any covenant or condition of this Lease shall not thereafter preclude such party from demanding performance in accordance with the terms hereof. Airport Commission-ftenda & Info Packet Meeting Date: August 17, 2017 Page 28 of 50 30. Successors Bound. This Lease shall be binding and shall inure to the benefit of the heirs, legal representatives, successors and assigns of the parties hereto. 31. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Lease, the entire Lease shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 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