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HomeMy WebLinkAbout10-13-2005 Airport Commission • 1 ! IOWA CITY AIRPORT COMMISSION MEETING AGENDA AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE IOWA CITY, IOWA THURSDAY, OCTOBER 13, 2005 - 5:45 P.M. 1. Determine Quorum 2. Approval of Minutes from September 8, 2005 meeting 3. Public Discussion - Items not on the agenda 4. Items for Discussion/Action: A. Runway 07 Project - Earth Tech (1) Update (2) Consider a resolution approving a supplemental agreement for engineering services for a detailed obstruction survey on the approach ends B. Iowa Dept. of Transportation-Consider a resolution accepting an IDOT grant for airfield signs C. Aviation Commerce Park D. Airport "Operations": Strategic Plan-Implementation; Budget; and Airport Management (1) Update (2) Pay Grade/Job Description of"airport operations specialist" E. Airport Viewing Area F. National Guard Lease-Consider a resolution approving a lease agreement with State of Iowa Armory Board for space to park motor vehicles. G. Annual Report to City Council H. Subcommittees' Reports 5. Chairperson's Report 6. Commission Members' Reports 7. Staff Report 8. Set next regular meeting for November 10, 2005 at 5:45 p.m. 9. Adjourn City of Iowa City r � MEMORANDUM TO: Airport Commission FROM: Susan Dulek, Assistant City Attorney DATE: October 5, 2005 RE: "Comment' on Agenda Items for October 13, 2005 meeting • Agenda Item 4A-Earth Tech Earth Tech is requesting approval of a supplemental agreement for engineering services as part of the runway extension project. It involves a detailed survey of obstructions on the approach ends of the runway. David Hughes will be at the meeting to provide additional information and to answer your questions. I do not have a copy of the proposed agreement at this time, but I anticipate that it will be similar to the previous supplemental agreements. • Agenda Item 4B-IDOT Grant The Iowa Dept. of Transportation approved this grant for signage in 2004, but it never came before the Commission for acceptance. Bill Flannery has been in contact with Kay Thede of the IDOT, and it is not too late to approve this grant. The packet contains a copy of the proposed grant agreement along with a cover letter from Ms. Thede to Randy Hartwig. • Agenda Item 4C-Aviation Commerce Park The packet contains a resolution and proposed amendment to the "Wal Mart" purchase agreement extending the closing date to January 31, 2006 that will be on Council's agenda for October 18. But for the two lawsuits, it is my understanding that this sale would have closed this month. • Agenda Item 4D-Airport Operations Specialist The FY06 budget includes an item for"airport manager, grade 27." If the Commission wishes to delete this item in favor of a different job classification (the term "airport operations specialist" has been discussed), the City Council will need to amend the budget accordingly. Before Council will consider such a budget amendment, the Commission needs to decide what pay grade the new position will have and what the job will entail. Dan Clay has discussed this with Sylvia Mejia, who is the Personnel Administrator for the City, and based on his description of the job duties, she suggests a pay grade of either 23 (range of $30,097-$43,097) or 24 (range of$32,552-$47,174). It would also be classified as "administrative/confidential,"which is a non-union position. Your packet contains a draft job description prepared by Sylvia to which I suggest adding "prepares the agenda packet." • Agenda Item 4F-State of Iowa Armory Board (i.e., Iowa National Guard Lease) The Guard has leased land to park vehicles for quite a few years. In July 2004, the Commission approved a proposed lease, which was forwarded to the Guard for signature as the previous one was to expire on August 31, 2004. The Guard never returned it. According to Bill Flannery, the Guard did not agree with the requirement to have insurance or the amount of the proposed rent. In my opinion, the insurance requirement need not be pursued. Governmental entities, such as the Uofl, will often not agree to provide insurance but will agree to indemnify the Commission and the City to the extent allowed by law. Because the Guard will agree to do so, I do not object to the omission of insurance. Bill has discussed the rent with the Chairperson, who will be able to fill you in on this matter at the meeting. Bill has negotiated a proposed lease with the Guard which is in your packet. Note that Exhibit A is not included because I do not have a copy at this time. The Guard has not paid since August 2004, but intends to make the payment for back rent upon execution of this lease. If you have questions about this matter, please do not hesitate to contact me. Copy to: Michael Tharp r MINUTES DRAFT Iowa City Airport Commission September 8, 2005 Iowa City Airport Terminal—5:45 PM Members Present: Randy Hartwig, Chair; Greg Farris; Howard Horan; Carl Williams, John Staley (arrived at 5:55 PM) Members Absent: Dan Clay (Advisory Member) Staff Present: Sue Dulek, Michael Tharp Others Present: Dave Hughes, Earth Tech; Bruce Ahrens,Farmers National Company; Todd Locher, Attorney for Taylor Construction; Bob Downer, Attorney for Iowa Bridge & Culvert DETERMINE QUORUM: Chairperson Hartwig called the meeting to order at 5:46 PM. RECOMMENDATIONS TO COUNCIL: Motion approved recommending that the listing agreement with Iowa Realty be amended to provide for a two-lot scenario with respect to the lots not a part of the pending purchase offer. APPROVAL OF MINUTES FROM AUGUST 11,2005 MEETING: Chairperson Hartwig asked if there were any additions or changes to the above-named minutes. Farris moved to accept the minutes of the August 11, 2005 meeting as submitted; seconded by Williams. Motion passed 4-0 (Staley absent). PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: A. Farmers National Company—Consider Resolution Approving Professional Management Services Agreement to Manage Farm Land—Williams moved to consider the resolution approving Professional Management Services Agreement to manage farmland; seconded by Horan. A brief discussion touched on the changes that need to be made to the agreement, and Dulek stated that she and Ahrens would take care of this. Resolution No. A-05-20 passed on a roll call vote, 4-0 (Staley absent). B. Runway 07 Project—Earth Tech 1. Update—Hughes stated that the FAA has asked that they update the Capital Improvement Plan for the runway, which they have done. The FAA then asked for a cost analysis, and Hughes stated they are attempting to set up a meeting with the FAA to better clarify these issues. This meeting will tentatively be in early October. He also mentioned that they received a small grant from the FAA to cover engineering services. f i 2. Williams moved to consider the resolution awarding contract and authorizing the Chairperson to sign and the Secretary to attest a contract for construction of the Box Culvert Project; seconded by Staley. A brief discussion followed, with Dulek noting there were three bids that were received on this project. Iowa Bridge & Culvert, Inc., has submitted the lowest bid of$910,000 for the box culvert project within the runway 7/25 extension project. She also noted that Taylor Construction, one of the bidders on this project who came in approximately $77,000, has contacted the City Attorney's office and the FAA, as well as Earth Tech. They have a concern regarding the DBE (Disadvantaged Business Enterprise) goal. Dulek noted that Dave Hughes with Earth Tech looked into this concern, and found that Iowa Bridge & Culvert did meet this goal. The FAA concurs in awarding the bid to Iowa Bridge & Culvert. Todd Locher, representing Taylor Construction,then spoke to the Commission regarding this project and the concern over the DBE goal of 5%. Bob Downer, representing Iowa Bridge & Culvert, also spoke briefly to this issue, stating that Iowa Bridge & Culvert had followed all necessary rules and regulations in the bidding of this project. Resolution No. A-05-21 passed on a roll call vote, 5-0. Staley moved the resolution approving Supplemental Agreement No. 2 with Earth Tech for Engineering Services for Runway 7-25 Extension Project for the rerouting of Willow Creek and construction of box culvert; seconded by Farris. Resolution No. A-05-022 passed on a roll call vote, 5-0. C. Aviation Commerce Park—Chairperson Hartwig noted that realtor Harry Wolf was not sure if he could make this evening's meeting. He stated that they would move on in the agenda in case Wolf does arrive, and they will come back to this item later in the meeting. A brief discussion ensued regarding the listing agreement that Iowa Realty has for the Aviation Commerce Park land. It was noted that a 6-month extension was granted on this agreement. The members reviewed the memo from the City Manager regarding this agreement. Horan moved to accept the City Manager's recommendation a 2-lot scenario; seconded by Farris. Motion approved 5-0. D. Airport"Operations:" Strategic Plan—Implementation; Budget; and Airport Management 1. Update—Hartwig noted that in regards to the budget there was not much new as they are only a month or so into the new fiscal year. Horan asked about the vehicle sale, and where this money would go. Hartwig said he would find out the specifics of this. The members also briefly discussed the airport management position, noting that the budget still shows this as a full-time position. i I 2. Staley moved the resolution approving Second Consultant Services Agreement with Snyder&Associates for Temporary Management Services; seconded by Horan. Resolution No. A-05-023 passed on a roll call vote, 5-0. E. Airport Viewing Area—Hartwig informed the members of an email communication with the FAA in regards to this project. The FAA has concerns regarding a shelter and playground equipment. Hartwig noted that the bottom line is they will be installing a fence here. (return to Item C. Aviation Commerce Park) (TAPE ENDS) F. Subcommittees—Update of current and establishment of new ones—Hartwig stated that he feels an "infrastructure" subcommittee would be beneficial in helping them keep up-to-date on things within the Airport, and to set up priorities on projects that need completed. Farris gave the members a handout he had prepared on this. The members discussed the various issues that need to be addressed. Hartwig noted that he will be contacting Rick Fosse with the City and asking his help in identifying these priorities. The issue of land-use was also touched on. G. Annual Report to City Council—Hartwig noted that Dan Clay, Advisory Member, has offered to handle this. Mike Tharp is working with Clay on this report. Tharp noted that he is working on this and is setting it up similar to a corporate annual report. CHAIRPERSON'S REPORT: Hartwig noted that the Sertoma Fly-In was well received. He also noted there are State grants in place to repair the roofs on Buildings B and C, and money to do the floors, as well. He also noted that the roof on K needs to be looked at. COMMISSION MEMBERS' REPORTS: Horan stated that he heard good things about the fly-in, as well. He did note that he heard comments about loose gravel. Williams noted that next Monday at 1:00 P.M. there will be a meeting between Ron Duffe and the Police Department regarding a mock-emergency situation being planned. He stated that this was postponed due to the summer heat, but they are hopeful to do this yet this fall. Williams also welcomed the new members to the Commission. STAFF REPORT: Dulek noted that Mike Miller with Hertz is still working on the agreement. SET NEXT REGULAR MEETING FOR OCTOBER 13, 2005, AT 5:45 P.M. ADJOURN: Meeting adjourned at 7:15 P.M. Airport Commission ATTENDANCE RECORD YEAR 2005 (Meeting Date) TERM 1/13 2/10 2/16 3/10 4/14 5/12 6/9 7/14 8/11 9/8 NAME EXP. Daniel Clay 3/1/08 O/E X X X X 0 --- --- Randy 3/1/09 X X X X X X X x X X Hartwig Greg Farris 3/1/07 --- X X X John Staley 3/1/06 X X X X X X X X 0 X Carl 3/1/10 X X X X X X X 0 0 X Williams Howard 3/1/08 X X X Horan KEY: X = Present 0 = Absent O/E= Absent/Excused NM= No meeting --- = Not a Member Page 1 of Sue Dulek From: Hughes, David ( Des Moines ) [David.Hughes@earthtech.com] Sent: Thursday, October 06, 2005 10:56 AM To: Burge Hammond Cc: Randy D. Hartwig; Michael Tharp; Lund, Theresa; Eaton, Steve; Ron Duffe (rdjetair@hotmail.com); Fagle, Mike; Edward Hyatt(edward.hyatt@faa.gov); Sue Dulek (Susan-Dulek@iowa-city.org) Subject: Iowa City Airport- Box Culvert Notice to Proceed Burge, As we discussed, Iowa DNR has completed review of the permit material and is going to issue approval this afternoon of the permit. Attached is a copy of the Notice to Proceed for the Box Culvert Project effective October 10, 2005. The contract is to be completed within 210 calendar days. Please notify the airport of your intention to begin work on-site so that a Notice to Airman (NOTAM) can be issued. Allow 72 hours for this notice to take place as was discussed in the preconstruction conference. Any questions, please let us know. David *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** This e-mail is intended to be delivered only to the named addressee(s) and may contain information that is confidential anc proprietary. If this information is received by anyone other than the named addressee(s), the recipient(s) should immediately notify the sender by e-mail and promptly delete the transmitted material from your computer and server. In no event shall this material be read, used, stored, or retained by anyone other than the named addressee(s) without the express written consent of the sender or the named addressee(s). 10/6/2005 Prepared by: Susan Dulek,Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. RESOLUTION ACCEPTING A FY2005 IOWA DEPARTMENT OF TRANSPORTATION GRANT FOR AIRPORT SIGNAGE. WHEREAS, the Iowa Department of Transportation has awarded the Iowa City Municipal Airport a FY 2005 (70/30) grant for $3,6400 grant for airport signage; WHEREAS, attached is a copy of the "Iowa Department of Transportation Agreement for Fiscal Year 2005 Iowa Airport Improvement Program"for said grant; and . WHEREAS, it is in the best interest of the airport to accept said grant. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Iowa Department of Transportation FY 2005 (70/30) grant for $3,6400 grant is accepted, and the Chairperson is authorized to sign and the Secretary to attest to the "Iowa Department of Transportation Agreement for Fiscal Year 2005 Iowa Airport Improvement Program," a copy of which is attached. Passed and approved this day of , 2005. CHAIRPERSON Approved by _ ATTEST: lO -7-6S 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: Farris Hartwig Horan Staley Williams s u elairport\Re s I D OT.do c 4f8:. Iowa Department of Transportation Office of Aviation 515-239-1048 VS 800 Lincoln Way, Ames, Iowa 50010 515-233-7983 FAX kay.thede@dot.state.ia.us www.iawings.com September 14, 2004 Randall Hartwig Chairmen, Iowa City Airport Commission 629 S. Riverside Iowa City, IA 52246 Dear Randy: Your application for the FY 2005 State Airport Improvement Program grant was approved by the Iowa Transportation Commission on September 14, 2004. Enclosed are two signed copies of an agreement for 70% in finding,up to a maximum of$3,640 for replace runway&taxiway directional signage. Please review the agreement and have the authorized sponsor sign both copies of the agreement,return one copy to me, and keep one copy for your files. Only expenses incurred after the city has executed the agreement are eligible for reimbursement. Please note that the other projects submitted for the state AIP program were not funded this year. Please resubmit if these costs are not covered by the federal AIP project and you are ready for the project to proceed. Also enclosed is a claim for reimbursement form to use when seeking reimbursement. We can also e-mail this form to you as a Word document. Thank you for your cooperation and efforts in working with the Iowa DOT on • this project. Please do not hesitate to call if you have any questions. Sincerely, --4 7/e el Kay Thede Aviation Programs Manager Office of Aviation Enclosures cc: Michelle McEnany IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FISCAL YEAR 2005 IOWA AIRPORT IMPROVEMENT PROGRAM THIS AGREEMENT is made between the Iowa Department of Transportation called the "Department" and Iowa City called the "Sponsor". 1.00 PURPOSE: The purpose of this agreement is to set forth terms, conditions and obligations for accomplishment of certain improvements at the Iowa City Municipal Airport, called the "Airport". Improvements shall consist of: Replace runway &taxiway directional signage. It shall be referred to as the "Project" and shall be identified by project number: 9I-05-0IOW-100 contract number: 07277 2.00 GENERAL PROVISIONS 2.01 The SPONSOR shall have the project under obligation no later than 12 months after the issuance of the grant or the Iowa DOT reserves the right to revoke this grant. 2.02 The Department has determined that the Sponsor is eligible to receive state aid for airport improvements or will meet eligibility requirements in fulfilling the conditions of this agreement. 2.03 For projects requiring professional plans and all projects totaling more that$25,000, the project plans, specifications and construction contract documents shall be prepared by a professional engineer licensed to practice in the State of Iowa. The SPONSOR shall submit the plans, specifications and other contract documents to the Iowa DOT for their records. Where Iowa DOT's specifications apply,they shall be used. 2.04 The Department agrees to reimburse the Sponsor for 70% of eligible project costs, not to exceed the maximum amount of $3,640, incurred according to the terms of this agreement. 2.05 Should the Sponsor fail to comply with any obligation or assurance provided herein, the Department may withhold further payment and may require reimbursement of any or all payments made by the Department toward accomplishment of the Project. 2.06 The Department shall not waive any right of authority by making payments pursuant to this agreement, and such payments shall not constitute approval or acceptance of any part of the Project. 2.07 Neither the Department nor the Sponsor shall be liable to third parties by reason of this agreement. 2.08 If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected thereby if such remainder would then continue to conform to applicable law. 2.09 The Department shall determine what costs charged to the project account are eligible for participation under the terms of this agreement and the Sponsor shall bear all additional costs accepted and paid. 2.10 Notwithstanding any other provisions of this agreement, the Department shall have the right to enforce, and may require the Sponsor to comply with, any and all conditions and assurances agreed to herein. 2.11 The Department's obligations hereunder shall cease immediately, without penalty of further payment being required, in any year for which the General Assembly of the State of Iowa fails to make an appropriation or reappropriation to pay such obligations, and the Department's obligations hereunder shall cease immediately without penalty of further payment being required at any time where there are not sufficient authorized funds lawfully available to the Department to meet such obligations. The Department shall give the Sponsor notice of such termination of funding as soon as practicable after the Department becomes aware of the failure of funding. In the event the Department provides such notice, the Sponsor may terminate this agreement or any part thereof. 2.12 The Sponsor is the contracting agent and, as such, retains sole responsibility for compliance with local, state and federal laws and regulations related to accomplishment of the Project. 2.13 The attached Exhibit A, "Utilization of Targeted Small Business (TSB)Enterprises on Non-Federal Aid Projects (Third-Party State Assisted Projects)," will apply and is hereby made a part of this Agreement. 2.14 Funding obligations on the part of the Iowa DOT shall remain in full force and effect for 5 years following SPONSOR acceptance unless sooner rescinded or amended on terms acceptable to the Iowa DOT. Assurances in this agreement remain in full force and effect for a period of 20 years. 3.00 PROJECT CONDITIONS 3.10 The Sponsor Agrees to: (a) Establish and maintain a project account acceptable to the Department, through which all project receipts and disbursements will be made and accounted for. (b) Let contracts according to provisions of Division VI, Chapter 384 of the Code of Iowa. (c) Preside at all public hearings occasioned by the Project. (d) Select all Consultants. (e) Contract for all professional and construction services, but only after concurrence by the Department in the terms of such contracts. • (f) Maintain an adequate project account balance to meet all financial obligations of the Project. (g) Establish and maintain a project schedule, to preclude unnecessary construction delays and to assure minimum inconvenience to the public. (h) Submit to the Department such data, reports, records, contracts and other documents relating to the Project as may be required. (I) Incorporate into all contracts related to the Project, provisions assuring unrestricted access to the work by Department personnel. a) Submit any proposed contract changes to the Department for concurrence prior to approval. (k) Inspect work and equipment, test materials, and control construction to assure that the design intent of the plans and specifications is achieved. (I) Inform the Iowa DOT of construction completion and allow the Iowa DOT access to review the completed project. (m) Certify acceptance of the Project by resolution or signed final contractor project acceptance form. (n) Retain all records relating to project cost, including supporting documents, for a period of three (3) years following final payment by the Department, and to make such records and documents available to Department personnel for audit. 4.00 SPECIAL PROVISIONS NONE. 5.00 SPONSOR ASSURANCES By authorizing execution of this agreement the Sponsor hereby certifies that: INTERESTS AND AUTHORITY 5.01 There are not facts or circumstances (including the existence of effective or proposed leases,use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible to carry out and complete the Project or the provisions of this agreement either by limiting its legal or financial ability or otherwise. 5.02 It will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants are assumed by another public agency found by the Department to be eligible under the laws of the State of Iowa to assume such obligations and to have the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for the management or operation of the Airport by any agency or person other than the Sponsor or an employee of the Sponsor, the Sponsor will reserve sufficient rights and authority to insure that the Airport will be operated and maintained in accordance with these covenants. 5.03 It will not dispose of or encumber its title or other interests in the site and facilities during the 20-year period of this agreement. 5.04 Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition andretention of easements or other interests in or rights for the use of land or airspace and by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in Section 77.23 as applied to Section 77.25, Part 77, of the Federal Aviation Regulations. In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the Airport, in any portion of a runway approach area in which the Sponsor has acquired, or hereafter acquires, property interests permitting it to so control the use made of the surface of the land. 5.05 Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition or retention of easements or other interests in or rights for the use of land or airspace or by the adoption and enforcement of zoning regulations, take action to restrict the use of land adjacent to or in the immediate vicinity of the Airport to activities and purposes compatible with normal airport operations including landing and takeoff of aircraft. 5.06 If at any lime it is determined by the Department that there is any outstanding right or claim of right in or to the Airport property, the existence of which creates an undue risk or interference with the operation of the Airport or the performance of the covenants of the Sponsor herein contained, the Sponsor will acquire, extinguish or modify said right or claim of right in a manner acceptable to the Department. SERVICEABILITY AND SAFETY 5.07 It will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to service the aeronautical users of the Airport and will not permit any activity thereon which would interfere with its use for airport purposes. In furtherance of this covenant the Sponsor will have in effect at all times arrangements for: (a) Operating the Airport's aeronautical facilities whenever required. (b) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions, and (c) Promptly notifying airmen of any condition affecting aeronautical use of the Airport. 5.08 It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the Department for the maintenance and operation of such facilities. 5.09 Sufficient funds will be made available when construction is completed to assure effective operation and maintenance of the facility for the purposes constructed. 5.10 It acknowledges that failure to properly maintain the facilities as required by 5.08 and 5.09 shall be considered a default under the terms of this Agreement and as a consequence of the default, the Department may implement the provisions of section 2.05. USE AND OPERATION 5.11 It will operate the Airport as such for the use and benefits of the public. In furtherance of this covenant(but without limiting its general applicability and effect), the Sponsor specifically agrees that it will keep the Airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such types, kinds, and classes. The Sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the airport. The Sponsor may also prohibit or limit any given type, kind, or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil aviation need of the public. 5.12 It will operate the Airport on fair and reasonable terms, and without unjust discrimination. In furtherance of the covenant (but without limiting its general applicability and effect,) the Sponsor specifically covenants and agrees: (a) That in its operation and the operation of all facilities on the Airport, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class or persons by reason of race, color, creed, or national origin in the use of any of the facilities provided for the public on the Airport. (b) That in any agreement, contract, lease or other arrangement under which a right or privilege at the Airport is granted to any person,form or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsor will insert and enforce provisions requiring the contract: (1) to furnish said service on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) to charge fair,reasonable, and not unjustly discriminatory prices for each unit of service: provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of prices reduction to volume purchasers. (c) That this will not exercise or grant any right or privilege which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance and repair) that it may choose to perform. (d) In the event the Sponsor itself exercises any of the rights and privileges referred to in subsection b,the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the Sponsor under the provisions of such subsection b. 5.13 It will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the Airport to conduct any aeronautical activities, including, but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which, because of their direct relationship to the operation of aircraft, can be regarded as an aeronautical activity. 5.14 That it will not charge, or permit to be charged, any fee, directly or indirectly, for the privilege of landing or taking off of aircraft (other than those involved in commercial operations offering services for fee or hire) at or from the airport or the parking of aircraft on the airport for a period less than 12 consecutive hours. 5.15 The airport operator or owner will maintain a fee and rental structure for the facilities and services being provided the airport users which will make the Airport as self-sustaining as possible under the circumstances existing at the Airport,taking into account such factors as the volume of traffic and economy of collection. INFORMATION OBLIGATIONS 5.16 The Sponsor will keep up-to-date at all times and provide to the Department an airport layout plan of the Airport showing: (a) the boundaries of the Airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Sponsor for airport purposes, and proposed additions thereto: (b) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings,hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (c) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. The Sponsor will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in confoimity with the airport layout plan, if such changes or alterations might adversely affect the safety,utility, or efficiency of the Airport. 5.17 The Sponsor will furnish the Department with such annual or special airport financial and operational reports as may be reasonably requested. Such reports may be submitted on forms furnished by the Department or may be submitted in such manner as the Sponsor elects so long as the essential data are furnished. The Airport and all airport records and documents affecting the Airport,including deeds,leases, operation and use agreement, regulations, and other instruments, will be made available for inspection and audit by the Department upon reasonable request. ASSURANCES LIMITED 5.18 Nothing contained herein shall be construed to require that the Airport be operated for aeronautical use during temporary periods when snow,flood or other climatic conditions interfere with such operation and maintenance. Nor shall anything be herein construed as requiring the maintenance, repair,restoration or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Sponsor. 5.19 Nothing contained herein shall be construed to prohibit the granting or exercise of an exclusive right for the furnishing of nonaviation products and supplies or any service of a nonaeronautical nature or to obligate the Sponsor to furnish any particular nonaeronautical service at the Airport. 6.00 EXECUTION OF THE AGREEMENT. By resolution made a part of this agreement the Sponsor authorized the undersigned to execute this agreement. Signed this day of , on behalf of the Sponsor. By: Attested: Title: Title: Signed this I day of f eik/i!e / , z0/1 , on behalf of the Iowa Department of Transportation. _ By: /4 / /� t. Michelle McEnany Director Office of Aviation March 1999 EXHIBIT A UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4, it is the policy of the Iowa Department of Transportation (Iowa DOT)that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with state funds. Under this policy it is the responsibility of the recipients of state funds to help finance projects to make a positive effort to solicit bids from and to utilize TSBs as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. The Recipient's "positive efforts" should include,but not be limited to: 1. Obtaining the names of qualified TSB contractors from the Iowa Department of Economic Development(515-242-4721) and/or seek these contractors through advertising in general- circulation, trade association or minority-focused media. The Iowa Department of Management shall determine whether contractors who respond to such advertisements qualify for TSB designation. 2. Notifying qualified TSBs of proposed projects involving state-assisted funding. Notification should be made in sufficient time to allow the TSBs to participate effectively in the bidding process. 3. Soliciting bids from qualified TSBs on each project, and identifying for TSBs the availability of subcontract work. 4. Including in the bid proposals for state-assisted projects, a contract provision titled "TSB Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted Projects)", or a similar document developed by the Recipient. 5. Ensuring that the awarded contractor has and shall follow the contract provisions. The Recipient is encouraged to establish goals or percentages to achieve TSB participation in these projects. Contract goals may vary depending on the type of project, the projects sub- contractible items, the type of service or supplies needed for the project, and the availability of qualified TSBs in the area. 1 of 2 EXHIBIT A The Recipient shall agree to provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSBs. Such documentation can be used---- to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals noting established TSB goals, if any. • 3. The dollar amount contracted to, subcontracted to, or supplied by qualified TSBs for the project or projects covered by this agreement. 4. The attached "Checklist and Certification" form shall be filled out upon completion of each project and forwarded to the Iowa DOT's EEO Administrator, Office of Contracts. 2of2 May 1999 CHECKLIST AND CERTIFICATION OF THE UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) CITY: PROJECT NUMBER: AGREEMENT NUMBER: 1. Were qualified TSB names obtained from the Department of Economic Development? YES NO If no, explain 2. Were qualified TSBs notified of project? YES NO If yes, by letter , telephone , personal contact , other If no, explain 3. Were bids solicited from qualified TSBs? YES NO If no, explain 4. Was a goal or percentage (%) established for TSB participation? YES NO 'f1 yes,what was the goal or (%) If no, explain why not, 5. Did the prime contractor use positive efforts to utilize TSBs on subcontracts? YES NO If no,what action was taken by the City Is documentation in files? YES NO 6. What was the dollar amount reimbursed to the City from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSBs? $ Name and address of the TSB (Use additional sheet if necessary) Was the goal or percentage (%) achieved YES NO If no, explain I certify that the CITY used positive efforts to utilize TSBs as participants in this project. PROJECT ENGINEER/MANAGER DATE Ove <'iltvCaw ctf Q66tACk os C� o P� Prepared by:Mitchel T. Behr,Asst. City Atty.,410 E.Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. RESOLUTION APPROVING OF AN AMENDMENT TO A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WAL-MART REAL ESTATE BUSINESS TRUST FOR APPROXIMATELY 21.76 ACRES OF PROPERTY LYING WITHIN LOTS 10 THROUGH 17 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION AND LOTS 2, THROUGH 4 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION - PART TWO. WHEREAS, The North Airport Development Subdivision and North Airport Development Part Two Subdivision include commercial lots which have been marketed for sale to the general public; and WHEREAS, City has entered into a purchase agreement for the sale of approximately 21.76 acres of property lying within Lots 10 through 17 of North Airport Development Subdivision and Lots 2 through 4 of the North Airport Development Subdivision - Part Two to Wal-Mart Real Estate Business Trust; and WHEREAS, said purchase agreement provides for closing to occur upon completion of contingencies set forth therein, no later than two hundred seventy (270) days after the February 9, 2005 effective date thereof, unless a later date is mutually agreed to in writing by the City and Wal-Mart; and WHEREAS, extension of the closing date provided for in the purchase agreement is necessary for completion of the contingencies, and Wal-Mart has requested that purchase agreement be amended such that the closing shall take place not later than January 31, 2006, in accordance with the FIRST AMENDMENT TO PURCHASE AGREEMENT attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council hereby approves in form and substance, and the Mayor and City Clerk are hereby authorized to execute, the attached FIRST AMENDMENT TO PURCHASE AGREEMENT between the City of Iowa City and Wal-Mart Real Estate Business Trust. Passed and approved this day of , 20 MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office • IOWA—Iowa City Store#1721-02 FIRST AMENDMENT TO PURCHASE AGREEMENT Effective Date: , 2005 THE CITY OF IOWA CITY, IOWA("Seller") WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust ("Buyer") WHEREAS, Seller and Price Properties ("Price") entered into a Purchase Agreement (the "Purchase Agreement") dated effective February 9, 2005, covering approximately 21.76 acres of property out of North Airport Development Subdivision and North Airport Development Subdivision Part Two, a Resubdivision of Lots 1-4 of North Airport Development Subdivision, located in the City of Iowa City, Johnson County, Iowa, as described and/or depicted on Exhibit A attached to the Purchase Agreement and incorporated herein by this reference for all purposes; and WHEREAS, the rights, title and interests of Price under the Purchase Agreement were assigned to Buyer pursuant to that certain Assignment of Purchase Agreement dated April 6, 2005; and WHEREAS, Seller and Buyer have agreed to amend the Purchase Agreement as hereinafter set forth; NOW THEREFORE, for and in consideration of the mutual covenants of the parties as set forth in the Purchase Agreement and herein, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged by each of the parties, it is agreed by Seller and Buyer as follows: 1. Interpretation; Definitions. This First Amendment to Purchase Agreement (the "First Amendment") shall be construed with and as a part of the Purchase Agreement. In the event of any conflict between the terms of this First Amendment and the terms of the Purchase Agreement, the terms of this First Amendment shall be deemed to supersede and control. All defined terms used in this First Amendment shall have the respective definitions provided for such defined terms in the Purchase Agreement unless herein otherwise expressly provided. 2. Closing Date. Section 16(a) of the Purchase Agreement is hereby amended to provide that the Closing of the transaction provided for in the Purchase Agreement shall take place at a place and time mutually agreed upon by the parties, but not later than January 31, 2006, unless mutually agreed to in writing by Seller and Buyer. 24563099.1 14-Sep-05 10:36 04353467 1 3. Counterparts. This First Amendment may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, together, shall constitute but one and the same instrument. Execution of this First Amendment by Seller and Buyer may be evidenced by the facsimile or electronic transmission (e-mail) exchange of separately executed counterparts. 4. Affirmation. Except as herein amended, the Purchase Agreement is hereby ratified and affirmed in its entirety by the parties. IN WITNESS WHEREOF, the parties have executed this First Amendment to be effective as of the day and year first above written. WITNESS OR ATTEST: SELLER: THE CITY OF IOWA CITY, IOWA (print name) By: Name: Title: Date: , 2005 WITNESS OR ATTEST: BUYER: WAL-MART REAL ESTATE BUSINESS (print name) TRUST, a Delaware statutory trust By: Name: Michael E. Gardner Title: Assistant Vice President Date: , 2005 24563099.1 14-Sep-05 10:36 04353467 2 rs• fop FOURTH AMENDMENT TO LISTING AGREEMENT WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement ("Listing Agreement") among the Airport Commission, the City Council, and NAI Iowa Realty Commercial to sell and lease the property known as the Aviation Commerce Park subdivision; WHEREAS, in Resolution No. 04-202, the City Council approved a six (6) month extension of the Listing Agreement, and the parties subsequently entered into an Amendment to the Listing Agreement; and WHEREAS, in Resolution No. 5-36, the City Council approved a second, six (6) month extension of the Listing Agreement, and the parties subsequently entered into a Second Amendment to the Listing Agreement that expires that expires on July 22, 2005; WHEREAS, in Resolution No. 5-248, the City Council approved a third, six (6) month extension of the Listing Agreement, and the parties subsequently entered into a Third Amendment to the Listing Agreement that expires that expires on January 22, 2006; WHEREAS, Paragraph 13 of the Listing Agreement provides that it may be amended by written agreement of the parties; and WHEREAS, the parties wish to amend the Pricing Model in light of the pending offer for lots 2-4 and property lying within lots 10-17 and the proposed replatting of the subdivision. IT IS THEREFORE AGREED that: Exhibit E is deleted in its entirety and a new Exhibit E, a copy of which is attached and incorporated herein, is substituted in lieu thereof. All other terms of the Listing Agreement shall remain in full force and effect. NAI IOWA REALTY COMMERCIAL 9-/9-Dc Harry R. Wolf Date Regional Directo THE IOWA CITY AIRPORT COMMISSION AIL H D 1/- 9 .zL. oc Randall D. Hartwig, Chairperson Date THE CITY OF IOWA CITY ?title; r. �C Alem '- Mar K. Karr, City Clerk rnest Lehman, Mayor CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 02 7" day of Sepiran -kern- , 2005, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary, act and deed of said corporation, by it and by them voluntarily executed. ( i l/ Notary Public in and for the State of Iowa Approve. .y ' -------- 3.1 ::i KELLIEK.TUTTLE City Attorney's Office % My Ca- Commission u mgsonaExp2 v t �S�OfI' Identification Position Title: Airport Operations Specialist Department: Airport Commission Supervisor: Airport Commission Chair Job Summary Under general direction performs routine clerical and managerial duties requiring knowledge of Airport Commission procedures. Provides general information to the public regarding Airport activities and services. Essential Job Duties and Responsibilities GREETS the public, ANSWERS telephone and DIRECTS calls and RECORDS messages. MAINTAINS office correspondence, computer files, spreadsheets regarding airport activities and expenditures. CORRESPONDS with the Federal Aviation Administration PREPARES annual reports and activity reports for the city council and Federal Aviation Administration OPERATES standard office equipment including computer, calculator, printer, fax copying machine,Unicom radio. PICKS UP, DELIVERS and PROCESSES commission mail. DRAFTS and DISSEMINATES correspondence and reports as directed. PROCESSES incoming bills and DRAFTS PAYMENT for outstanding bills. ASSISTS ground crew with snow removal during emergency snow removal. COLLABORATES with airport interns as appropriate and directed by the Airport Commission Chair. PERFORMS all other duties as assigned. Physical and Environmental Conditions Ability to move about an office or building. Minimum Education,Experience and Certification Bachelor's degree or equivalent in airport management or aviation management. One year of experience in any aspect of aviation or airport service or business management. Knowledge, Skills, and Abilities Basic knowledge of general office and managerial procedures, computer equipment, clerical and financial record keeping procedures. Ability to read and understand technical manuals and other documentation as they relate to airport projects and finances. Skills in oral and written communication. Ability to deal effectively with the public. Ability to seek supervision and consultation with supervisors when appropriate. Ability to exercise good judgment and independently make decision. fist*s Svc C F '- t..:..a \ F CITY OF IOWA CITY ��3 ll www.icgov.org I sP SEP 1 9 2005 If I September 19, 2005 OFFICE OF THE CITY MANAGER Mr. Todd M. Madison, P.E. Airport Planning Engineer— Iowa Stephen J.Atkins FAA Central Region Airports Division, A.C.E.-611C City Manager 901 Locust steve-atkins@iowa-city.org Kansas City, MO 64106-2325 Dale E.Belling Assistant City Manager Dear Mr. Madison: dale-helling@iowa-city.org On behalf of the City of Iowa City, owner of the Iowa City Municipal Airport, I would like to take this opportunity to support the Airport Commission's plan to develop an aircraft "viewing area" in a currently unused area of airport property north of the terminal building. The City of Iowa City understands the primary use of such land is for "aeronautical uses". Further I would like to assure you it is the City's position that • such a viewing area will not be considered a City Park and, if you do allow its • installation, the City acknowledges this would only be a temporary use of this airport property. If this area of airport property is ever needed for aeronautical use the City will allow the aircraft viewing area to be removed without compensation or mitigation. Thank you for your consideration of the Airport Commission's request. If you feel a more formal assurance from the City of Iowa City is needed, please advice. Sincerely, • Steph-r J.Atkin. City Manager Cc: Mayor City Council Members Airport Commission Members • 410 E.WasbingtonStreet Iowa City,IA 52240 Phone: (319)356-5010 Fax: (319)356-5009 Prepared by: Susan Dulek,Assistant City Attorney, 410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. RESOLUTION APPROVING A LEASE AGREEMENT WITH THE STATE OF IOWA ARMORY BOARD FOR SPACE TO PARK MOTOR VEHICLES. WHEREAS, the Iowa City Airport Commission and the State of Iowa Armory Board wish to enter into an agreement to lease ground to park motor vehicles in the southeastern area of the Iowa City Municipal Airport ; WHEREAS, the Lease Agreement with the State of Iowa Armory Board is attached to this resolution and incorporated herein; and WHEREAS, it is in the Commission's best interest to enter into said Lease 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 Lease Agreement, a copy of which is attached. Passed and approved this day of , 2005. CHAIRPERSON Approved by ATTEST: U 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: Farris Hartwig Horan Staley Williams • ' 4 LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into by and between the Iowa City Airport Commission of Iowa City, Iowa (hereinafter called the "Lessor"), and the Armory Board, represented by the Adjutant General of Iowa (hereinafter called "Lessee"), whose address for the purpose of this lease is 7700 N.W. Beaver Drive, Johnston, Iowa 51131-1902. 1. Property Leased. In consideration of the mutual terms, agreements, and conditions herein contained, Lessor hereby leases unto Lessee the following described real property situated at the Iowa City Municipal Airport in Iowa City, Johnson County, Iowa ("Airport"), to wit: A 28, 800 square foot parcel of land located on South Riverside Drive, south of the entrance drive and north of the Reserve Center, at the Iowa City Municipal Airport. The specific location of said parcel is marked and staked by the Lessor and a diagram showing the approximate location and configuration of said parcel is attached hereto and incorporated herein as Exhibit A (hereafter"Leased Property"). 2. Term. The term of this lease shall commence on September 1, 2004, and shall expire on August 31, 2006, unless terminated prior to said date pursuant to the provisions of paragraph 9 herein. 3. Rent. Lessee agrees to pay Lessor rent for the Leased Property as follows: $2,884.00 per year, in advance, payable on the first day of September during the term of this lease. The rent shall be paid pro rata by the Lessee for any period of possession less than a full year. 4. Possession. Lessee shall be entitled to possession on the first day of the term of this lease, and shall yield possession to the Lessor at the time and date of the close of this lease, except as herein provided. Should the Lessor be unable to give possession on said date, Lessee's only damages shall be a pro rata reduction of the annual rent otherwise due. 5. Use of Property. Lessee covenants and agrees during the term of this lease to use and occupy the Leased Property only for the parking of motor vehicles. In regard to said use, the Lessee shall comply with all city, state and federal codes, including but not limited to Federal Aviation Administration rules and regulations. 6. Parking and Access..The Lessee shall gravel and maintain the Leased Property to be used as a parking area. The Lessee shall also maintain a permanent chain link fence and controlled access gate as shown in Exhibit A. These improvements shall become the property of the Lessor upon termination or expiration of this Agreement. • Page 1 • s 7. Maintenance and Repairs. Lessee shall be responsible for maintenance and repair of all structures and landscaping on the leased premises. The exterior maintenance is to include, but is not limited to, trimming trees and bushes, mowing the grass, and clearing the snow from the hard-surfaced areas. 8. Reasonable Care of Property. Lessee shall not permit or allow any portion of the premises to be damaged by any negligent act or omission of Lessee or its employees, and Lessee agrees to surrender the premises at the expiration of this agreement in as good condition as at the commencement of this agreement, normal wear and tear excepted. Lessee agrees to give the Commission free access to inspect the premises at all reasonable times. 9. Termination of Lease. This lease may be terminated by either party herein by giving written notice to the other party, said notice to be given at least 30 calendar days prior to the intended termination date. 10. Non-Discrimination Clause. The Lessee covenants, in consideration of the right to lease property at the Iowa City Municipal Airport, that there will be no discrimination against any person for employment or public accommodation covered by this agreement because of race, religion, color, creed, sex, national origin, sexual orientation, gender identity, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. The Lessee shall remain in compliance with all requirements of 49 CFR Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transportation. 11. Indemnification. To the fullest extent permitted by law, Lessee shall indemnify and hold harmless the City of Iowa City, the Iowa City Airport Commission, its agents, servants, and employees against all claims, demands, and judgments made or recovered against the City for damages to real or tangible personal property, or for personal injury, bodily injury, or death to any person arising out of; or in connection with, any acts or omissions or use or misuse of the leased premises by Lessee, its agents, or sublessees, or any one directly or indirectly employed by any one of them. 12. National Emergency. 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 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. Any fees associated with such suspension shall also be suspended during the time period of the above-described inconsistency. 13. Assignment. This lease shall not be assigned without written permission of the Lessor. 14. Severability. In the event any portion of this Lease is found invalid, the remaining portions shall be deemed severable and shall remain in full force and effect. Page 2 15. Grant Assurances. This agreement 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. Lessee acknowledges and agrees that the rights granted to Lessee in this agreement would not be exercised so as to interfere with or adversely affect the use, operation, maintenance or development of the Airport. 16. Notices and Demands. Notices as provided for in this lease shall be given to the Commission by notifying the Airport Commission Chairperson and by notifying Lessee at their respective addresses designated on page one of this lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such notice shall be considered given under the terms of this lease when sent, addressed as above designated, postage prepared, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 17. Provisions to Bind and Benefit Successors, Assigns, Etc. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors, and assigns of the parties hereto; except that if any part of this lease is held in joint tenancy, the successor in interest shall be the surviving joint Lessee. 18. FAA provisions. For purposes of paragraphs (a) through (k) below, the Commission shall be referred to as the Lessor and Adjutant General of Iowa shall be referred to as the Lessee. (a) The lessee, for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained or otherwise operated on the said property described in this (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) The lessee, for himself; his personal representative, 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 the lessee, shall use the premises in compliance with all other requirements imposed by Page 3 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 is 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. (d) Lessee 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 lessee may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. (e) Lessor reserves the right (but shall not be obligated to Lessee) 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 the Lessee in this regard. (f) Lessor 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 Lessee, and without interferences or hindrance. (g) Lessor reserves the right to take any action it considers necessary to protect the serial approaches of the airport against obstructions, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of Lessor would limit the usefulness of the airport or constitute a hazard to aircraft. (h) During time of war or national emergency, Lessor 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 agreement will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport. (j) There is hereby reserved to (name or Lessor), 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 poise 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 provision of any existing or future agreement between the Lessor and the United States of America or any agency thereof relative to the Page 4 • 4 operation, development, or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. IOWA CITY AIRPORT COMMISSION THE ARMORY BOARD, STATE OF IOWA By: By: Chairperson Adjutant General of Iowa ATTEST: ATTEST: Secretary Date: Date: Approved by: City Attorney's Office -or Date: • Page 5 I City of Iowa City — Airport Revenue & Expenditures Fiscal Year 2006 through September 30, 2005 p . Z£•OE £T'L1S9ZZ L8•8LS86 L8'8LS86 00'9ZTSZE .*.*.* ' VIOI UNVHD .a* 00•SZ T0'00068 66'666L2 66.666LZ 00'000ZTT Anal TrzauaD OZT£6E SZ'T9 09'ZZ06 06'6S£9 O6.6S£9 00'Z8£OT suotssiwwo0 =140 00668£ 00.65 Ot•OT 09'TZ 09•TZ 00'06 wwo0 auTgorN buTpuaA 00268£ 66•LZ 00'L9S9TT 00'68166 00.68T66 00.9SL09T Tr4uag woog/buipTTua 00ZZeE 6E'LT 9Z•£L96£ 6L'6LZL 6L•6LZL 00.866T6 TE1uag puri O0TZ8£ 9L'6L- 9L'6L 9L•6L s;uawgsanui u0 •4uI OOTTBE 00'00T- 00'00T 00'00T sasuadxa 30 gwiag 00T69E OE'6SSZT- 8E'6SSZT eE•6SSZT ebb *F ()TA 3Q 'a) C so4ny 3o aTES OZZE9E % zapuirwau anuanag anuanag anuanag tun000y poTaad an pa;Ewilsa SO'0£'60 04 SO'TO•LO potaad aqp zog buiizodou anuanag 9002 A3 SOOZ '0£ zagwa4das amp anuanag 90A3 wagsAs aabpari Trzauao Law EMoI T :a6-ed OZ:LT:TT SO'90.OT :HAM . 1 l EXPE: 10.06.05 11:16:53 Page: 1 Iowa City General Ledger System FY06 Expenditures thru September 30, 2005 FY 2006 Expense Reporting For the period 07.01.05 to 09.30.05 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance % Used 411000 Perm. Full Time 80790.00 9439.42 9439.42 71350.58 11.68 413000 Temporary Employees 4135.00 4135.00 -4135.00 414500 Longevity Pay 1050.00 1050.00 421100 Health Insurance 14921.00 976.89 976.89 13944.11 6.55 421200 Dental Insurance 616.00 70.02 70.02 545.98 11.37 421300 Life Insurance 266.00 108.00 108.00 158.00 40.60 421400 Disability Insurance 565.00 42.24 42.24 522.76 7.48 422100 Fica 6181.00 1045.14 1045.14 5135.86 16.91 423100 Ipers 4645.00 700.57 700.57 3944.43 15.08 424500 Monthly Cellular/PCS 87.50 87.50 -87.50 431010 Filing Fee 58.00 58.00 -58.00 432020 Annual Audit 187.00 187.00 432050 Appraisal Services 800.00 800.00 432060 Consultant Services 3000.00 3872.76 3872 .76 -872.76 129.09 432070 Management Services 10000.00 10000.00 433030 Long Distance Serv. 67.00 3.11 3.11 63.89 4.64 435051 Wireless Phone Serv. 8.00 8.00 435055 Postage 10.00 '10.00 435060 Legal Publications 86.00 10.08 10.08 75.92 11.72 436030 Transportation 600.00 1000.00 1000.00 -400.00 166.67 436050 Registration 665.00 665.00 436060 Lodging 875.00 875.00 436080 Meals 250.00 250.00 437010 Comp. Liability Ins. 9444.00 7798.00 7798.00 1646.00 82.57 a 437020 Fire & Casualty Ins. 14333 .00 600.00 600.00 13733.00 4.19 a 437030 Worker's Comp Ins. 306.00 306.00 437200 Loss Reserve Payment 5000.00 5000.00 438010 Stormwater Utility Charges 1923 .26 1923.26 -1923 .26 438030 Electricity 13139.00 2256.52 2256.52 10882.48 17.17 438070 Heating Fuel/Gas 5265.00 507.79 507.79 4757.21 9.64 438080 Sewer Utility Charge 1311.00 888.90 888.90 422.10 67.80 438090 Water Utility Charge 1456.00 485.68 485.68 970 .32 33.36 439030 Testing Services 1284.00 1205.20 1205.20 78.80 93.86 439060 Other Prof Services 777.00 777.00 441010 Vehicle Repairs and Maintenance 1363.00 104.18 104.18 1258.82 7.64 EXPE: 10.06.05 11:16:53 Page: 2 Iowa City General Ledger System FY06 Expenditures thru September 30, 2005 FY 2006 Expense Reporting For the period 07.01.05 to 09.30.05 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance % Used 442010 Bldg. Rep. & Maint. 2307.00 363.59 363.59 1943.41 15.76 442020 Repair Of Structure 544.00 544.00 442030 Repair of Heating Equip 1504.00 1504.00 442040 Repair of Cooling Equip 1460.00 1460.00 442060 Repair of Electric/Plmbg 450.00 450.00 443010 Equip. Rep. & Maint. 133.00 133.00 443050 Radio Equipment Rep. 98.00 97.56 97.56 .44 99.55 443060 Telecom Equip. Rep. 73.00 73.00 443080 Other Repair & Maint 8725.00 294.00 294.00 8431.00 3.37 445060 Laundry Service 766.00 314.20 314.20 451.80 41.02 445070 Equipment Service 807.00 222.00 222.00 585.00 27.51 445140 Outside Printing 266.00 29.02 29.02 236.98 10.91 445230 Technical Services 2477.00 740.00 740.00 1737.00 29.87 446100 City Attorney Chgbck 2887.00 1304.88 1304.88 1582.12 45.20 446130 ITS-PC/Peripheral Support 535.00 875.00 875.00 -340.00 163.55 446140 ITS-Computer Replacement Chargeb 82.00 82.00 446160 ITS-Network/Internet Charge 360.00 180.00 180.00 180.00 50.00 446200 Photocopying Chgback 462.00 79.26 79.26 382.74 17.16 446220 Local Phone Service 164.16 164.16 -164.16 446230 Long Distance Chargeback 5.00 5.00 446300 Phone Equipment/Line Charge 1495.00 195.00 195.00 1300.00 13.04 446320 Mail Chargebacks 322.00 161.79 161.79 160.21 50.25 446350 City Vehicle Repl. 12000.00 3003 .90 3003.90 8996.10 25.03 449060 Dues & Memberships 361.00 361.00 a 449140 Tools & Equip. Rent. 1480.00 1480.00 f; 449280 Miscellaneous Expense 300.00 300.00 -300.00 452010 Office Supplies 120 .00 120.00 454020 Subscriptions 193 .00 1816.83 1816.83 . -1623.83 941.36 454040 Books, Mag. , Newspap 3.00 3.00 455100 Misc Peripherals 71.00 71.00 461040 Ag Chemicals 487.00 137.77 137.77 349.23 28.29 461050 Ag Materials 13 .00 13 .00 462030 Sanit. & Ind. Supp. 289.00 111.23 111.23 177.77 38.49 465050 Other Fuels 2061.00 800.54 800.54 1260.46 38.84 465060 Grease & Oil 85.00 85.00 Y EXPE: 10.06.05 11:16:53 Page: 3 Iowa City General Ledger System FY06 Expenditures thru September 30, 2005 FY 2006 Expense Reporting For the period 07.01.05 to 09.30.05 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance % Used 465070 Other Lubricants 32.97 32.97 -32.97 466020 Lumber/hardware 153 .00 153.00 466030 Paint & Supplies 235.00 235.00 466040 Plumbing Supplies 47.00 47.00 466050 Electrical Supplies 540.00 34.99 34.99 505.01 6.48 466060 Bldg. & Improv. Mat. 59.00 59.00 466070 Bldg. & Const. Supp. 583 .00 539.82 539.82 43 .18 92.59 467020 Minor Equip. Rep Mat 55.00 55.00 467100 Auto & Light Truck 108.00 108.00 467140 Snow Removal Equip. 149.00 149.00 467160 General Equipment 8.00 8.00 468030 Asphalt 185.97 185.97 -185.97 468050 Sand 42 .00 42.00 469040 Traffic Ctrl. Improv 903 .00 903.00 469190 Tools & Minor Equip. 103 .00 332.83 332 .83 -229.83 323.14 469260 Fire Ext. & Refills 108.00 108.00 469320 Misc Supplies 480.00 480.00 473010 Contracted Improv. 10000.00 537.24 537.24 9462.76 5.37 473020 Non-contracted Impr. 3000.00 3000.00 490190 Interfund Transfers Out- Fu 85440.00 21360.00 21360.00 64080.00 25.00 *** GRAND TOTAL *** 324194.00 71532.81 71532.81 252661.19 22.06 a It