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HomeMy WebLinkAbout02-16-2005 Airport Commission r i • IOWA CITY AIRPORT COMMISSION MEETING AGENDA AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE IOWA CITY, IOWA WEDNESDAY, FEBRUARY 16, 2005 - 5:45 P.M. 1. Determine Quorum 2. Items for Discussion/Action: A. Aviation Commerce Park - Consider a motion to recommend to City Council that the City should accept or reject the offer by Price Properties to purchase 21.76 acres in Aviation Commerce Park. B. Airport Security Plan-Consider a resolution to approve the Airport Security Plan. C. Airport Management-Consider a resolution approving an amendment to the agreement with Snyder&Associates 3. Adjourn " , ' Prepared by: Susan Dulek,Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH SNYDER & ASSOCIATES, INC. FOR TEMPORARY MANAGEMENT SERVICES. WHEREAS, on September 14, 2004, the Iowa City Airport Commission and Snyder & Associates, Inc. entered into a contract entitled "Consultant Services Agreement" to provide airport management services on a temporary basis at the Iowa City Municipal Airport; and WHEREAS, said agreement was amended on December 9, 2005; WHEREAS, the parties wish to amend said agreement by increasing the fee amount by $10,000 for a total of$27,000; and WHEREAS, it is in the Commission's best interest to amend said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is hereby authorized to sign and the Secretary to attest to the Second Amendment to Consultant Services Agreement, a copy of which is attached and incorporated herein. Passed and approved this day of , 2005. CHAIRPERSON Approv by ATTEST: C�7� c)-(c-or SECRETARY City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Clay Hartwig Robnett Staley Williams • SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT WHEREAS, on September 14, 2004, the Iowa City Airport Commission and Snyder & Associates, Inc. entered into a contract entitled "Consultant Services Agreement" to provide airport management services on a temporary basis at the Iowa City Municipal Airport; and WHEREAS, said agreement was amended on December 9, 2005; WHEREAS, said agreement, as amended, provides that it shall terminate "12 months after it is signed by both parties or once the amount of fee paid ... has reached $17,000, ... whichever comes first;" WHEREAS, the fee to be paid is approaching $17,000; WHEREAS, the parties wish to amend said agreement by increasing the fee amount by $10,000 for a total of$27,000; and WHEREAS, said agreement may be amended in writing. IT IS THEREFORE AGREED that: The fee amount shall be increased by $10,000 such that the fee amount listed on the first page of said agreement, as amended, shall read "$27,000," and not "$17,000." All other terms of said agreement shall remain in full force and effect. SNYDER &ASSOCIATES, INC. Date THE IOWA CITY AIRPORT COMMISSION Randall D. Hartwig, Chairperson Date Attest: John Staley, Secretary Date Approved by aucy.) a--u oc City Attomey's Office Prepared by: Susan Dulek,Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. RESOLUTION APPROVING THE AIRPORT SECURITY PLAN. WHEREAS, it is in the Commission's best interest to have an airport security plans. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The plan entitled "General Aviation Airport Security Plan - Iowa City Airport (IOW) January 2005" is approved. Passed and approved this day of , 2005. CHAIRPERSON Approved by ATTEST: b-4-Th c1-a`or SECRETARY City Attorney's Office It was moved by and seconded by_ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Clay Hartwig Robnett Staley Williams sue\airportResApproveSecPlan.doc • Prepared by: Sarah Holecek, First Asst. City Attorney,410 E.Washington St., Iowa City, IA 52240(319) 356-5030 RESOLUTION NO. 01-267 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE AVIATION COMMERCE PARK FINANCING AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE IOWA CITY AIRPORT COMMISSION OF IOWA CITY, IOWA WHEREAS, the Airport Commission, as the manager of an approximate 54 acre tract adjacent to the Iowa City Airport, desires to develop said property to establish seventeen commercial/industrial lots and two outlots; and WHEREAS, to develop said property, certain infrastructure needs to be constructed and installed to support the development, the costs of which exceed the annual operations budget of the Airport Commission; and WHEREAS, the City finds it is in the public interest to support this commercial/industrial development in an effort to bolster the City's tax base and enable the Commission to become financially self-sufficient from City property tax supported subsidies and the general fund; and WHEREAS, the City and the Airport Commission have negotiated an agreement under which the City will provide the Commission with funds for installation of the required infrastructure and the Commission will reimburse the City from revenue realized from the commercial/industrial development; and WHEREAS, the Parties desire to memorialize the terms and conditions of their financing arrangement into a written agreement. • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the Aviation Commerce Park Financing Agreement between the City of Iowa City, Iowa and the Iowa City Airport Commission of Iowa City, Iowa. Passed and approved this 21st day of August , 20 01 /. 6AYOR ,41 • oved by " y�y' ��44 ATTEST: � 7J. ktr,t1 ,Pt sr CITY`CLERK City Attorn�rC Ir - Sarah\airport\aviation commerce financing agreement res.doc . • Resolution No. 01-267 Page 2 It was moved by 0' Donnel 1 and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman O'Donnell X Pfab X Vanderhoef X Wilbum • to AVIATION COMMERCE PARK FINANCING AGREEMENT THIS AGREEMENT is hereby made and executed by and between the Iowa City Airport Commission of Iowa City, Iowa(hereinafter "Commission") and the City of Iowa City, Iowa (hereinafter "City"). The City is a municipal corporation organized under the laws of the State of Iowa and the Commission is an authority organized under Chapter 330 of the Iowa Code and vested with all powers granted to cities under the Iowa Code, except the power to sell the airport. This agreement outlines the terms and conditions, and the relative rights and responsibilities of the City, as financier/owner, and the Commission, as developer/manager, for development of the Aviation Commerce Park(hereinafter"ACP"), a tract of approximately 54 acres owned in fee by the City and managed and controlled by the Airport Commission. WHEREAS,the Airport Commission desires to develop approximately 54 acres of northern airport property to establish seventeen commercial/industrial lots and two outlots; and WHEREAS, certain infrastructure needs to be constructed and installed to support said commercial/industrial development, the costs of which exceed the annual operations budget of the Airport Commission; and WHEREAS, the City finds it in the public interest to support this commerciallindustrial development in an effort to bolster the City's tax base and enable the Commission to become financially self-sufficient from City property tax supported subsidies and general fund; and WHEREAS,the City and the Airport Commission have negotiated an agreement under which the City will provide the Commission with funds for installation of the required infrastructure and the Commission will reimburse the City from airport revenue realized from the commercial/industrial development; and WHEREAS, the Parties desire to memorialize the terms and conditions of said financing arrangement in a written agreement. NOW, IT IS THEREFORE AGREED AS FOLLOWS: 1. Purpose The purpose of this agreement is to support commercial/industrial development, bolster the City's tax base, and enable the Commission to become financially self-sufficient of the City's property tax supported general fund through the development of the Aviation Commerce Park. To effectuate the terms of this agreement and facilitate the project, the City agrees to provide financial accounting and distribution services on behalf of the Commission without charge. 2. Total Project Cost: Estimated and Final "Total Project Cost" is defined as all quantifiable costs directly attributed to development of the Aviation Commerce Park, which includes the costs of: drainage improvements, attorney fees, landfill tipping fees, design fees, debt service principle, interest and fees, improvement construction, improvement inspection, construction • • contract administration, project design fees (current and expected), and marketing fees. Estimated Total Project Cost is currently approximately$2,448,748.40 ($1,600,000 principal and $848,748.40 interest). The parties contemplate that the Estimated Total Project Cost will increase or decrease depending on fluctuations in the cost variables outlined above. Final Total Project Cost shall be established by certification of all project billings to the project account by the Iowa City Finance Department. Any dispute regarding the Final Total Project Cost shall be resolved by third party financial audit, said third party to be agreed upon by City and Commission. Final reconciliation and balancing of accounts between the parities shall be based on the certified Final Total Project Cost. 3. Acceptance and Maintenance of Infrastructure. Upon completion of the construction and installation of the public improvements included within the Aviation Commerce Park to City engineering design standards, the City will accept said public improvements as part of the City's public infrastructure. After acceptance of said public improvements, the City shall maintain said public improvements as part of the public infrastructure, shall provide repair and replacement of water and sewer mains, as necessary, and shall provide snow removal and routine maintenance on public streets, as necessary. The Commission shall not be assessed or charged for the costs of these services. 4. Leasing and Marketing: Raw Minimum Lease Rate and Market Minimum Lease Rate. The "Raw Minimum Lease Rate" for each lot is defined as the estimated total cost of the project amortized over twenty years and divided by the number of acres in each lot, or fourteen cents ($.14)per square foot. The Raw Minimum Lease Rate shall be adjusted in relation to the range of existing commercial lease rates within Iowa City to establish the Market Minimum Lease Rate for each of the lots within the Aviation Commerce Park. The Market Minimum Lease Rate for each lot within the development shall be established by a letter of agreement between the Commission and City Council, which agreement shall be negotiated and executed on behalf of each entity by the Airport Manager and City Manager, respectively. Said letter of agreement shall be reviewed, at minimum, on an annual basis by the Airport Manager and City Manager to ensure the Market Minimum Lease Rate is competitive within the range of current commercial lease rates and no less than current commercial lease rates. The letter of agreement establishing the Market Minimum Lease Rate for each lot in the development may be amended by subsequent letters of agreement executed by the Airport Manager and City Manager. The Airport Manager and City Manager are hereby authorized and directed to negotiate and execute said letters of agreement as contemplated above. All leases and/or other agreements regarding lots within the ACP shall be negotiated by the Commission's marketing agent, the Commission and the prospective Tenant. However, all leases for lots within the ACP shall contain the following clause: a. Lessee's interest under this lease shall terminate and all payments hereunder shall be forfeited if Lessee does not complete construction of[the required minimum improvements] within five (5) years of the date of execution of this lease agreement. Lessor shall effectuate forfeiture of this lease by delivery of written notice of forfeiture to the Lessee at the Lessee's address as noted herein by either personal • delivery to the party to whom the notice is directed or if sent by certified mail, postage prepaid, return receipt requested to the Lessee's address as contained herein. 5. Repayment of Final Total Project Cost: Distribution of Revenue Beginning with the date of execution of this agreement, all lease payments and/or other revenues received by the Commission from the lots within the ACP shall be paid to City on a payment schedule amortized over twenty(20) years until the Final Total Project Cost is repaid. See Exhibit"A" for a sample repayment schedule assuming a Total Project Cost of$2,448,748.40. Minimum required yearly payments shall be calculated per the same assumptions indicated on the sample repayment schedule, Exhibit "A", (i.e. $1,600,000 loan at 4.4848% with debt retirement on twentieth year). If the Commission, during each fiscal year it is due, does not make the entire annual payment to City, any shortfall under said schedule shall be carried over to the next fiscal year, and minimum payments shall be adjusted accordingly for interest accruing on such shortfall*After payment of any shortfall, plus interest, due under the repayment schedule for prior years, plus payment of the minimum payment due for the current fiscal year, any lease payments and/or other revenues received by the Commission from the lots within the ACP shall be credited to the Commission for its use. For the purposes of this agreement, a fiscal year shall be defined as July 1 through June 30`h, or any part thereof, after the date of the execution of this agreement by either party. The parties acknowledge and agree that the sums outlined in Exhibit"A" are illustrative only, as said sums are subject to change based on certification of the Final Total Project Cost per paragraph 2 above and the rate of debt repayment by Commission. The intent of this paragraph is that the Commission will maintain repayments consistent with a twenty(20) year debt retirement scheduleprior to realizing any revenues from the ACP for its use. Nothing in this agreement shall prevent the Commission from making advance payments and/or retiring said debt prior to the passage of twenty(20) years. After final reconciliation and repayment of the Final Total Project Cost to City, all lease payments and/or revenues received by the Commission from the lots within the ACP shall be credited to the Commission for its use. 6. Outstanding Debt/Termination of Agreement Any and all debt outstanding under the terms of this agreement shall be a continuing and perpetual obligation on the part of the Commission until fully repaid to and released by City. Upon full repayment of all debt outstanding under the terms of this agreement, all rights, responsibilities, or obligations of either party hereunder shall expire, and this agreement shall be terminated. 7. Notices and Demands. Notices, requests, demands and other communications shall be in writing and will be deemed sufficiently given for all purposes hereunder if (a) delivered personally to the party to whom the same is directed, or (b) sent by certified mail, postage prepaid, return receipt requested, at the addresses identified below; or to such other address as • shall have been given in writing in accordance herewith: The Commission: by notifying the Airport Manager, Iowa City Municipal Airport, 1801 South Riverside Drive, Iowa City, Iowa 52246 The City: by notifying the City Manager, City of Iowa City, 410 E. Washington Street, Iowa City, Iowa 52240 8. Entire Agreement: Changes or Amendments: No Other Intended Beneficiaries. This Agreement represents the entire agreement as it exists at the time of the signing of this Agreement between the parties. None of the covenants,provisions, terms, or conditions of this agreement to be kept or performed by either the Commission or the City shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by each of the parties. No person or entity not a party hereto is intended to be a beneficiary of or to have the right to enforce this Agreement. 9. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. The parties acknowledge that the proper venue of any court action is in Johnson County, Iowa. 10. Successors and Assigns: Assignment: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. However, neither party shall assign this agreement or any part thereof, without the other party's specific, prior written consent. 11. Severability. In the event any portion of this agreement is found invalid, the remaining portions shall be deemed severable and shall remain in full force and effect. IOWA CITY AIRPORT COMMISSION CITY OF IOWA CITY • Y B : 47, BYs1��v+ "`_ L✓' Fra-•••^.-'--- Richard Mascari, Chairperson Mayor 2_ ATTEST: AL � l�` ATTEST: �' .0 a�SecreCity Clerk Approved By: Approved B� / . 0 Jai Vat_ Cu���'jama- irp. C�tIn Counsel • • .mey's se I I $1 ,600,000 Loan to Aviation Commerce Park Interest Rate Annual Year Principal of 4.4848% Payment $ 1,600,000.00 1 $ 50,000.00 $ 71,756.80 $ 121,756.80 $ 1,550,000.00 2 $ 55,000.00 $ 69,514.40 $ 124,514.40 $ 1,495,000.00 3 $ 60,000.00 $ 67,047.76 $ 127,047.76 $ 1,435,000.00 4 $ 60,000.00 $ 64,356.88 $ 124,356.88 $ 1,375,000.00 5 $ 65,000.00 $ 61,666.00 $ 126,666.00 $ 1,310,000.00 6 $ 65,000.00 $ 58,750.88 $ 123,750.88 $ 1,245,000.00 7 $ 70,000.00 $ 55,835.76 $ 125,835.76 $ 1,175,000.00 8 $ 70,000.00 $ 52,696.40 $ 122,696.40 $ 1,105,000.00 9 $ 75,000.00 $ 49,557.04 $ 124,557.04 $ 1,030,000.00 10 $ 75,000.00 $ 46,193.44 $ 121,193.44 $ 955,000.00 11 $ 75,000.00 $ 42,829.84 $ 117,829.84 $ 880,000.00 12 $ 80,000.00 $ 39,466.24 $ 119,466.24 $ 800,000.00 13 $ 85,000.00 $ 35,878.40 $ 120,878.40 $ 715,000.00 • 14 $ 90,000.00 $ 32,066.32 $ 122,066.32 $ 625,000.00 15 $ 95,000.00 $ 28,030.00 $ 123,030.00 $ 530,000.00 16 $ 100,000.00 $ 23,769.44 $ 123,769.44 $ 430,000.00 17 $ 100,000.00 $ 19,284.64 $ 119,284.64 $ 330,000.00 18 $ 105,000.00 $ 14,799.84 $ 119,799.84 $ 225,000.00 19 $ 110,000.00 $ 10,090.80 $ 120,090.80 $ 115,000.00 20 $ 115,000.00 $ 5,157.52 $ 120,157.52 $ - $ 1,600,000.00 $ 848,748.40 $ 2,448,748.40