The URL can be used to link to this page

Home My WebLink About05-12-2005 Airport Commission /t a i' IOWA CITY AIRPORT COMMISSION MEETING AGENDA AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE IOWA CITY, IOWA THURSDAY, MAY 12, 2005 -5:45 P.M. 1. Determine Quorum 2. Approval of Minutes from April 14, 2005 meeting 3. Public Discussion - Items not on the agenda 4. Items for Discussion/Action: A. Eastern Iowa Big Kids Toy Show B. Runway 07 Project- Earth Tech C. Aviation Commerce Park D. Strategic Plan - Implementation E. Airport Budget F. Airport Management (1) Present- Update/Status Report (2) Future- Management Model/Job Description G. T-Hangar Leases H. Obstruction Mitigation Project- Stanley Consultants I. Airport Viewing Area J. Set Public Hearing on Gordon Lease 6. Chairperson's Report 7. Commission Members' Reports 6. Staff Report 9. Set next regular meeting for June 9, 2005 at 5:45 p.m. 10. Adjourn M T • MINUTES DRAFT Iowa City Airport Commission April 14,2005 Iowa City Airport Terminal—5:45 PM Members Present: Randy Hartwig, Chair; Carl Williams; Dan Clay; Michelle Robnett; John Staley Staff Present: Sue Dulek Others Present: Dave Hughes,Earth Tech; Michael Tharp, Elizabeth Freiburger Interns; Kim Brogan-Coleman, Ron Duffe, Herrel Timmons. DETERMINE QUORUM: Chairperson Hartwig called the meeting to order at 5:48 PM. RECOMMENDATIONS TO COUNCIL: Request that City Council authorize the Mayor to appoint Dan Clay as a non-voting, advisory member to the Commission. APPROVAL OF MINUTES FROM MARCH 10,2005: Staley moved,Robnett seconded. Motion passed 5-0 PUBLIC DISCUSSION: None ITEMS FOR DISCUSSION/ACTION: A. Eastern Iowa Big Kids Toy Show: Ron Duffe and Herrel Timmons gave an update on the event including how they are going to arrange the displays. B. Runway 07 Project—Earth Tech: David Hughes stated that the FAA grant application for the next phase (3) has been prepared. Mr. Clay moved that the Commission make application for the FAA grant, and Ms. Robnett seconded the motion. Motion passed 5-0. Mr. Hughes also reported that survey work is in process. C. Aviation Commerce Park: Harry Wolf was unable to attend. Mr. Hartwig and Mr. Clay met with Mr. Wolf to get an update. Finalization of the Wal-Mart sale is needed before going forward on remaining ACP lots. The Wal-Mart sale is proceeding on schedule. D. Strategic Plan—Implementation: Mr. Hartwig gave a summation of the Strategic Plan objectives and the current status of work towards achieving them. E. Airport Budget: Mr. Hartwig indicated that the issue of hangar leases should be addressed in the next few months in order to allow a more timely issue of new leases. F. Airport Management: Ms. Robnett outlined some management arrangements that she and interns are working on for further discussion. It was agreed that setting a permanent management arrangement is a priority. • G. Obstruction Mitigation Project—Stanley Consultants: There is little remaining in this project. There is still some funding available and the Commission is looking at possible alternative uses that would meet the DOT's approval. H. Airport Viewing Area: Discussion centered on the status of getting approval from the FAA. We need to provide Bill Flannery (Snyder& Assoc.)with more detailed specifications in order for him to submit the needed drawings. The interns are working on getting these details. I. Old United Hangar—Leasing additional space to Kim Brogan: Eastern Iowa Pilots Association is interested in leasing the remaining half of the Old United Hangar. Discussion centered on the desirability of the Commission retaining said space for its use.No action was taken on Ms. Brogran's request, and the matter will be on the agenda for the May meeting. J. Howard R. Green Co. —Environmental Assessment costs: Mr. Hartwig and Richard Blum detailed for the Commission the issue of a H.R. Green invoice reflecting a change order that Mr. Blum stated was approved verbally by the past manager, but never by the Commission. Mr. Hartwig indicated that he was satisfied with the finished product and with Mr. Blum's explanation and desire to ensure that a similar occurrence would not occur in the future. Mr. Clay moved and Mr. Hartwig seconded the motion to authorize payment. Motion carried 5-0. K. Non-Voting Member—Mr. Clay will be moving outside City limits and he desires to continue to serve. Mr. Staley moved and Mr. Williams seconded a motion to request that the Mayor appoint Dan Clay as a non-voting, advisory member of the Commission. Motion passed 4-0, with Mr. Clay abstaining. CHAIRPERSON'S REPORT: Mr. Hartwig congratulated Jill and Justin Fishbaugh on the recent completion and test flight of their homebuilt airplane. COMMISSION MEMBERS' REPORTS: Members thanked Mr. Clay for his service and urged the City to annex his new address. STAFF REPORT: Sue Dulek indicated the Commission opening has been advertised and that the Council could appoint at the May 17 meeting. SET NEXT REGULAR MEETING FOR: MAY 12,2005,AT 5:45 P.M. ADJOURN: Meeting adjourned at 8:30 PM. 4 City of Iowa City — Airport Revenue & Expenditures Fiscal Year 2005 through April 30, 2005 , a I REVE: 05.03 .05 15:45:09 Page: 1 Iowa City General Ledger System FY2005 Revenue thru April 30, 2005 FY 2005 Revenue Reporting For the period 07.01.04 to 04.30.05 Estimated YTD Period Account Revenue Revenue Revenue Remainder % 369100 Reimb Of Expenses 205.00 205.00 -205.00 369200 Reimb Damages 50.00 50.00 -50.00 381100 Int. On Investments 492.93 492 .93 -492.93 382100 Land Rental 45049.00 25119.10 25119.10 19929.90 55.76 382200 Building/Room Rental 172106.00 155594.36 155594.36 16511.64 90.41 384200 Vending Machine Comm 43 .20 43 .20 -43.20 384900 Other Commissions 18000.00 15462 .70 15462.70 2537.30 85.90 393120 General Levy 67000.00 83999.97 83999.97 -16999.97 125.37 *** GRAND TOTAL *** 302155.00 280967.26 280967.26 21187.74 92.99 1 . a I EXPE: 05.03.05 15:46:15 Page: 1 Iowa City General Ledger System FY2005 Expenditures thru April 30, 2005 FY 2005 Expense Reporting For the period 07 .01.04 to 04.30.05 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance % Used 411000 Perm. Full Time 94630.00 38532.72 38532.72 56097.28 40.72 413000 Temporary Employees 2315.00 2911.75 2911.75 -596.75 125.78 414100 Overtime Wages 840.00 1111.95 1111.95 -271.95 132.38 414300 Term. - Vacation Pay 5000.00 4719.28 4719.28 280.72 94.39 414400 Term. - Sick Leave 166.06 166.06 -166.06 414500 Longevity Pay 1450.00 908.34 908.34 541.66 62.64 421100 Health Insurance 14653.00 4634.56 4634.56 10018.44 31.63 421200 Dental Insurance 280.08 280.08 -280.08 421300 Life Insurance 319.00 130.09 130.09 188.91 40.78 421400 Disability Insurance 664.00 268.45 268 .45 395.55 40.43 421500 Unemployment Compensation 5580.00 5580.00 -5580.00 422100 Fica 7591.00 3713.76 3713 .76 3877.24 48.92 423100 Ipers 5706.00 2350.14 2350.14 3355.86 41.19 424500 Monthly Cellular/PCS 325.00 275.00 275.00 50.00 84.62 431080 Recording Fees 115.00 7.00 7.00 108.00 6.09 431111 Engineering Services 2000.00 2000.00 432020 Annual Audit 137.85 137.85 -137.85 432060 Consultant Services 23649.09 23649.09 -23649.09 432070 Management Services 16410.28 16410.28 -16410 .28 433030 Long Distance Serv. 65.00 18.90 18.90 46.10 29.08 435051 Wireless Phone Serv. 100.00 100.00 435053 Phone Move/Add/Chnge 131.50 131.50 -131.50 435057 Couriers 43.00 43.00 435060 Legal Publications 375.00 375.00 436030 Transportation 600.00 450.00 450 .00 150 .00 75.00 436050 Registration 665.00 250.00 250 .00 415.00 37.59 436060 Lodging 825.00 199.80 199.80 625.20 24.22 436080 Meals 250.00 250.00 437010 Comp. Liability Ins. 10919.00 7798.00 7798.00 3121.00 71.42 437020 Fire & Casualty Ins. 13356.00 13356.00 437030 Worker's Comp Ins. 215.00 215.00 437200 Loss Reserve Payment 5000.00 5000.00 438010 Stormwater Utility Charges 5327.64 5327.64 -5327.64 438030 Electricity 17874.00 11988.95 11988.95 5885.05 67.07 438050 Landfill Use 246.00 246.00 I EXPE: 05.03 .05 15:46:15 gage: 2 Iowa City General Ledger System FY2005 Expenditures thru April 30, 2005 FY 2005 Expense Reporting For the period 07.01.04 to 04.30.05 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance % Used 438070 Heating Fuel/Gas 5551.00 4114.15 4114.15 1436.85 74.12 438080 Sewer Utility Charge 860.00 1748.56 1748.56 -888.56 203.32 438090 Water Utility Charge 993.00 1112.80 1112 .80 -119.80 112.06 439030 Testing Services 1450.00 902.20 902.20 547.80 62.22 441010 Vehicle Repairs and Maintenance 1156.00 721.38 721.38 434.62 62.40 442010 Bldg. Rep. & Maint. 1448.00 2517.27 2517.27 -1069.27 173.84 442020 Repair Of Structure 1467.00 195.00 195.00 1272.00 13.29 442030 Repair of Heating Equip 765.00 238.00 238.00 527.00 31.11 442040 Repair of Cooling Equip 544.00 544.00 442060 Repair of Electric/Plmbg 120.00 27.61 27.61 92.39 23.01 443050 Radio Equipment Rep. 26.00 94.08 94.08 -68.08 361.85 443080 Other Repair & Maint 11225.00 3301.58 3301.58 7923 .42. 29.41 445060 Laundry Service 634.00 664.92 664.92 -30.92 104.88 445070 Equipment Service 1093.00 666.00 666.00 427.00 60.93 445090 Hauling 500.00 283 .99 283 .99 216.01 56.80 445140 Outside Printing 385.00 432.22 432.22 -47.22 112.26 445190 Film Processing 11.00 11.00 445230 Technical Services 2668.00 1955.00 1955.00 713.00 73 .28 445240 Word Processing 50.00 50.00 446100 City Attorney Chgbck 3874.00 3188.46 3188.46 685.54 82.30 446130 ITS-PC/Peripheral Support ' 535.00 875.00 875.00 -340.00 163.55 446160 ITS-Network/Internet Charge 360.00 330.00 330.00 30.00 91.67 446200 Photocopying Chgback 371.00 181.54 181.54 189.46 48.93 446300 Phone Equipment/Line Change 1080.00 768.04 768.04 311.96 71.11 446320 Mail Chargebacks 545.00 124.78 124.78 420.22 22.90 446330 UPS Chargebacks 20.00 20.00 446350 City Vehicle Repl. 9000.00 10834.11 10834.11 -1834.11 120.38 449060 Dues & Memberships 361.00 100.00 100.00 261.00 27.70 449140 Tools & Equip. Rent. 1504.00 1476.00 1476.00 28.00 98.14 449280 Miscellaneous Expense 702.90 702.90 -702.90 452010 Office Supplies 139.00 ' 106.00 106.00 33.00 76.26 452030 Minor Off Equip/Furn 25.00 25.00 454040 Books, Mag. , Newspap 196.00 196.00 455100 Misc Peripherals 29.00 29.00 461040 Ag Chemicals 480.00 480.00 EXPE: 05.03.05 15:46:15 Page: 3 Iowa City General Ledger System FY2005 Expenditures thru April 30, 2005 FY 2005 Expense Reporting For the period 07.01.04 to 04.30.05 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance % Used 462030 Sanit. & Ind. Supp. 437.00 195.96 195.96 241.04 44.84 465020 Gasoline 24.75 24.75 -24.75 465050 Other Fuels 2000.00 1533 .04 1533 .04 466.96 76.65 465070 Other Lubricants 43.00 31.99 31.99 11.01 74.40 465080 Fluids Gases & Other 11.00 11.00 466020 Lumber/hardware 325.00 158.18 158.18 166.82 48.67 466030 Paint & Supplies 56.00 56.00 466040 Plumbing Supplies 33.19 33.19 -33.19 466050 Electrical Supplies 210.00 210.00 466060 Bdlg. & Improv. Mat. 13 .00 1050.00 1050.00 -1037.00 8076.9 466070 Bldg. & Const. Supp. 110 .00 110.00 467020 Minor Equip. Rep Mat 86.00 20.00 20.00 66.00 23.26 467100 Auto & Light Truck 71.00 71.00 468010 Surfacing Materials 99.00 99.00 468020 Concrete 169.00 169.00 468030 Asphalt 76.00 1612.93 1612.93 -1536.93 2122.2 468050 Sand 40.00 44.11 44.11 -4.11 110.28 469040 Traffic Ctrl. Improv 1060.00 215.47 215.47 844.53 20.33 469190 Tools & Minor Equip. 600.00 745.31 745.31 -145.31 124.22 469320 Misc Supplies 450.00 38.98 38.98 411.02 8.66 469370 Paper Supplies 54.00 54.00 473010 Contracted Improv. 7000.00 1690.33 1690.33 5309.67 24.15 490190 Interfund Transfers Out- Fu 85440.00 64080.00 64080.00 21360.00 75.00 *** GRAND TOTAL *** 333956.00 241087.02 241087.02 92868.98 72.19 City of Iowa City — Airport Revenue & Expenditures April 2005 REVE: 05.03.05 15:44:04 Page: 1 Iowa City General Ledger System April Revenue FY 2005 Revenue Reporting For the period 04.01.05 to 04.30.05 Estimated YTD Period Account Revenue Revenue Revenue Remainder 96 369100 Reimb Of Expenses 205.00 -205.00 369200 Reimb Damages 50.00 -50.00 381100 Int. On Investments 492.93 -492.93 382100 Land Rental 45049.00 25119.10 353.92 19929.90 55.76 382200 Building/Room Rental 172106.00 155594.36 14277.50 16511.64 90.41 384200 Vending Machine Comm 43 .20 -43.20 384900 Other Commissions 18000.00 15462.70 2537.30 85.90 393120 General Levy 67000.00 83999.97 -16999.97 125.37 *** GRAND TOTAL *** 302155.00 260967.26 14631.42 21187.74 92.99 EXPE: 05.03 .05 15:45:41 Page: 1 Iowa City General Ledger System April Expenditures FY 2005 Expense Reporting For the period 04.01.05 to 04.30.05 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance % Used 411000 Perm. Full Time 94630.00 38532.72 3952.80 56097.28 40.72 413000 Temporary Employees 2315.00 2911.75 290.00 -596.75 125.78 414100 Overtime Wages 840.00 1111.95 -271.95 132.38 414300 Term. - Vacation Pay 5000.00 4719.28 280.72 94.39 414400 Term. - Sick Leave 166.06 -166.06 414500 Longevity Pay 1450.00 908.34 541.66 62.64 421100 Health Insurance 14653 .00 4634.56 297.64 10018.44 31.63 421200 Dental Insurance 280.08 23.34 -280.08 421300 Life Insurance 319.00 130.09 188.91 40.78 421400 Disability Insurance 664.00 268.45 19.98 395.55 40.43 421500 Unemployment Compensation 5580.00 -5580.00 • 422100 Fica 7591.00 3713.76 327.46 3877.24 48.92 423100 Ipers 5706.00 2350.14 233.18 3355.86 41.19 424500 Monthly Cellular/PCS 325.00 275.00 37.50 50.00 84.62 431080 Recording Fees 115.00 7.00 108.00 6.09 431111 Engineering Services 2000.00 2000.00 432020 Annual Audit 137.85 -137.85 432060 Consultant Services 23649.09 8700.00 -23649.09 432070 Management Services 16410.28 1500.00 -16410.28 433030 Long Distance Serv. 65.00 18.90 46.10 29.08 435051 Wireless Phone Serv. 100.00 100.00 435053 Phone Move/Add/Chnge 131.50 -131.50 435057 Couriers 43.00 43.00 435060 Legal Publications 375.00 375.00 436030 Transportation 600.00 450.00 150.00 75.00 436050 Registration 665.00 250.00 415.00 37.59 436060 Lodging 825.00 199.80 625.20 24.22 436080 Meals 250.00 250.00 437010 Comp. Liability Ins. 10919.00 7798.00 3121.00 71.42 437020 Fire & Casualty Ins. 13356.00 13356.00 437030 Worker's Comp Ins. 215.00 215.00 437200 Loss Reserve Payment 5000.00 5000.00 438010 Stormwater Utility Charges 5327.64 -5327.64 438030 Electricity 17874.00 11988.95 1919.15 5885.05 67.07 438050 Landfill Use 246.00 246.00 4 . EXPE: 05.03 .05 15:45:41 Page: 2 Iowa City General Ledger System April Expenditures FY 2005 Expense Reporting For the period 04.01.05 to 04.30.05 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance % Used 438070 Heating Fuel/Gas 5551.00 4114.15 305.63 1436.85 74.12 438080 Sewer Utility Charge 860.00 1748.56 -888.56 203 .32 438090 Water Utility Charge 993 .00 1112.80 -119.80 112.06 439030 Testing Services 1450.00 902.20 547.80 62.22 441010 Vehicle Repairs and Maintenance 1156.00 721.38 434.62 62.40 442010 Bldg. Rep. & Maint. 1448.00 2517.27 69.00 -1069.27 173.84 442020 Repair Of Structure 1467.00 195.00 1272.00 13.29 442030 Repair of Heating Equip 765.00 238.00 527.00 31.11 442040 Repair of Cooling Equip 544.00 544.00 442060 Repair of Electric/Plmbg 120.00 27.61 92.39 23.01 443050 Radio Equipment Rep. 26.00 94.08 -68.08 361.85 443080 Other Repair & Maint 11225.00 3301.58 7923.42 29.41 445060 Laundry Service 634.00 664.92 54.60 -30.92 104.88 445070 Equipment Service 1093.00 666.00 74.00 427.00 60.93 445090 Hauling 500.00 283 .99 216.01 56.80 445140 Outside Printing 385.00 432.22 337.50 -47.22 112.26 445190 Film Processing 11.00 11.00 445230 Technical Services 2668.00 1955.00 713.00 73 .28 445240 Word Processing 50.00 50.00 446100 City Attorney Chgbck 3874.00 3188.46 336.72 685.54 82.30 446130 ITS-PC/Peripheral Support 535.00 875.00 -340.00 163.55 446160 ITS-Network/Internet Charge 360.00 330.00 90.00 30.00 91.67 446200 Photocopying Chgback 371.00 181.54 189.46 48.93 446300 Phone Equipment/Line Change 1080.00 768.04 311.96 71.11 446320 Mail Chargebacks 545.00 124.78 14.37 420.22 22.90 446330 UPS Chargebacks 20.00 20.00 446350 City Vehicle Repl. 9000.00 10834.11 -1834.11 120.38 449060 Dues & Memberships 361.00 100.00 261.00 27.70 449140 Tools & Equip. Rent. 1504.00 1476.00 28.00 98.14 449280 Miscellaneous Expense 702.90 -702.90 452010 Office Supplies 139.00 106.00 33.00 76.26 452030 Minor Off Equip/Furn 25.00 25.00 454040 Books, Mag. , Newspap 196.00 196.00 455100 Misc Peripherals 29.00 29.00 461040 Ag Chemicals 480.00 480.00 1 r • EXPE: 05.03.05 15:45:41 Page: 3 Iowa City General Ledger System April Expenditures FY 2005 Expense Reporting For the period 04.01.05 to 04.30.05 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance % Used 462030 Sanit. & Ind. Supp. 437.00 195.96 241.04 44.84 465020 Gasoline 24.75 -24.75 465050 Other Fuels 2000.00 1533 .04 466.96 76.65 465070 Other Lubricants 43.00 31.99 11.01 74.40 465080 Fluids Gases & Other 11.00 11.00 466020 Lumber/hardware 325.00 158.18 166.82 48.67 466030 Paint & Supplies 56.00 56.00 466040 Plumbing Supplies 33 .19 -33.19 466050 Electrical Supplies 210.00 210.00 466060 Bdlg. & Improv. Mat. 13.00 1050.00 -1037.00 8076.9 466070 Bldg. & Const. Supp. 110.00 110.00 467020 Minor Equip. Rep Mat 86.00 20.00 66.00 23 .26 467100 Auto & Light Truck 71.00 71.00 468010 Surfacing Materials 99.00 99.00 468020 Concrete 169.00 169.00 468030 Asphalt 76.00 1612.93 -1536.93 2122.2 468050 Sand 40.00 44.11 -4.11 110.28 469040 Traffic Ctrl. Improv 1060.00 215.47 844.53 20.33 469190 Tools & Minor Equip. 600.00 745.31 485.00 -145.31 124.22 469320 Misc Supplies 450.00 38.98 411.02 8.66 469370 Paper Supplies 54.00 54.00 473010 Contracted Improv. 7000.00 1690.33 1690.33 5309.67 24.15 490190 Interfund Transfers Out- Fu 85440.00 64080.00 21360.00 75.00 *** GRAND TOTAL *** 333956.00 241087.02 20758.20 92868.98 72.19 1 v 1 • T-HANGAR LEASE 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: 1. 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 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. 2. Term. • . The term of this Lease shall commence on October 1, 2004, and shall end on the last day of the month of September, 2005. • 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 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. 3. 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 (15) day of each month. Electricity Fee. Tenant acknowledes the following: a) The Commission has decided not to assess any type of fee for utility usage in the 2004-2005 T-Hangar Lease; b) The Ad hoc Committee Report September 9, 2004 To the Iowa City Airport Commission Re: T-Hangar Electical Use is available for review at that provides information on the average cost of elecricity for a variety of elecrictrical appliances; c) The Commission is requesting that all T-hangar tenants examine their electrity use and make a voluntary payment to the Commission commensurate with the cost of electricity used and that payment may be left at the office or Jet Air, Inc.; d) The Commission will be conducting 2 • " ' a survey of all T-hangar tenants on the question of electrical use; and d) The Commission will be reviewing this issue again in 2005 and that such a fee may be assessed beginning with the 2005-2006 Hangar Lease depending,in large, part on whether tenants voluntarily pay a sufficient amount to cover the cost of electricity used by all T-hangar tenants, which is of approximately $2,000.00 per year. 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 FAR 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. d. No maintenance on the Aircraft shall be performed in the Hangar Space or anywhere on the Airport without the prior written approval of the Commission, except such maintenance as performed by the Tenant on his or her own aircraft as permitted by the FAA. Tenant shall take steps to ensure that the performance of such maintenance work shall not damage the Hangar Space or the Airport where the work is performed. 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. h. At no time shall Tenant start or run his/her Aircraft engine(s) within the Hangar or Hangar Space. 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 Tenants improper or negligent operation. 3 • • • 6: 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 12. 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. 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. 7. 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. 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 so such maintenance or repair in a prompt, reasonable manner, as approved by the Commission. d. 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. e. The Commission shall ensure appropriate grounds keeping is performed year round. 8. SubleaselAssignment. 4 Tenant shall not sublease the Hangar Space or assign this Lease without the prior written approval of the Commission: 9. 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. 10. 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. 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, plumping, 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. 11. Hazardous Materials. a. No "hazardous substance," as defined in Iowa Code section 4556.411 (2003), 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.Iegis.state.ia.us/IACODE . The. U.S. Code can be found online at www.findlaw.com/casecode/uscodes/index.html Federal regulations can be found online at http://www.access.qpo.qov/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. b. Tenant shall handle, use, store and dispose of fuel petroleum products, and all other non-"hazardous substances" owned or used 'by it on the Airport in accordance with all applicable federal, state, local and airport statutes, regulations, rules and ordinances. No waste or disposable materials shall be released on the ground or in the storm sewers. Should such materials be spilled or escape from storage or in any way contaminate the Airport or property adjacent to the Airport through activities of the Tenant, the Tenant shall be responsible for the clean up, containment and otherwise abatement of such contamination at Tenant's sole cost and expense. Further, Tenant shall notify,the Commission and appropriate governmental agency of such occurrence immediately. Should Tenant fail to do so, the Commission may take any reasonable and appropriate action in the Tenant's stead. The cost of such remedial action by the Commission shall be paid by the Tenant. 12. 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. 13. Airport Rules and Regulations. • 5 y to 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. 14. 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 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 Commssion within twenty-four hours of doing so. 15. 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 Comprehensive General (or Premises) Liability- Each Occurrence $1,000,000 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 responsibiliyt 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 Commision within seven (7) days of when the Certificate expires. 16. 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 ads 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. 17. Indemnity. Tenant agrees to release, indemnify and hold the Commission, its officers and employees harmless from and against any and all liabilities, damages, business 6 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 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 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. • 23. 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 7 employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 24. 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 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 in 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. 8 a• ' " 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. 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, 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. 25. 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. 26. 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 9 • v $ (2) If to Tenant, addressed to: 27. Airport Manager. The Airport Manager is the person designated by the Commission to manage the Hangar Space and to deliver all notices and demands from the Commission, to receive keys to the Hangar Space as provided in Paragraph 14, and to perform inspections as provided in Paragraph 14. 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. 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. IOWA CITY AIRPORT COMMISSION By: Title: Date: TENANT: By: Title: Date: Approved: City Attorney's Office T Hangar Lease 9-04 • Prepared by:Susan Dulek, Asst.City Attorney,410 E.Washington St.,Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 05-166 • RESOLUTION AUTHORIZING THE MAYOR TO APPOINT DAN CLAY AS A NON- VOTING, ADVISORY MEMBER TO THE IOWA CITY AIRPORT COMMISSION. WHEREAS, on April 14, 2005; the Commission passed a motion requesting that the Mayor, with the approval of the City Council, appoint Dan Clay as a non-voting, advisory member to the Commission; and WHEREAS, effective May 1, 2005, Dan Clay resigned from the Iowa City Airport Commission ("Commission") because he moved outside the City limits; WHEREAS, Article II, Section 1 of the By-Laws of the Iowa City Airport Commission provides that "[a]t the request of the Airport Commission, the Mayor, with the approval of the City Council, may appoint a non-voting, advisory Commission member who resides outside the City boundaries." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to appoint Dan Clay as a non-voting, advisory member to the Iowa City Airport Commission for a six-year term. • Passed and approved this 3rd day of May , 2005. Weer.:,"At/- 0440sw.---° MAYOR ATTEST: o to*t) -Y. 7 /4/AA J CI CLERK Approved by City Attorney's Office Resolution No. 05-166 Pa Page 2 It was moved by Champion and seconded by 0'Donnel l the Resolution be adopted, and upon roll call there were: AYES: NAYS: • ABSENT: Bailey X Champion Elliott _X— Lehman fit__ O'Donnell _X_ Vanderhoef X Wilbum