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HomeMy WebLinkAbout08-14-2003 Airport Commission(PC Le_ IOWA CITY AIRPORT COMMISSION AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE THURSDAY, AUGUST 14, 2003 — 5:45 P.M. I. Determine Quorum II. Changes/Amendments to Minutes of the July 15, 2003 meeting III. Payment of Expenditures IV. Public Discussion — Items Not on Agenda V. Public hearing — Hangar # 31 VI. Unfinished Items for Discussion/Action: VII. Items for Discussion/Action: a. Aviation Commerce Park (ACP) — 1. Iowa Realty August report 2. Marketing expenditure report b. Hangar# 31 lease c. Davis development —water detention easement d. Obstruction mitigation project (consultant -Stanley Engineering) e. Environmental Assessment (consultant-H.R. Green Co.) f. Strategy/business plan project (consultant ABS) g. United hangar disposition h. Building H — underground fuel tank i. T-hangar leases j. Agenda procedures and by-laws VI. Chairperson's Report VII. Commission Members' Reports i Vill. Administrative Report IX. Set Next Regular Meeting for September 11, 2003 at 5:45 p.m. X. Adjournment . .� o�C-t�o3 MINUTES IOWA CITY AIRPORT COMMISSION TUESDAY, JULY 15, 2003 — 5:45 P.M. IOWA CITY AIRPORT TERMINAL MEMBERS PRESENT: Baron Thrower, Michelle Robnett, Alan Ellis, Randy Hartwig, Rick Mascari STAFF PRESENT: Sue Dulek, Ron O'Neil CALL TO ORDER: Chairperson Ellis called the meeting to order at 5:45 p.m. APPROVAL OF MINUTES: The minutes of the June 12, 2003, Commission meeting were approved as submitted. Ellis said he would like an agenda item that would allow for unfinished business to be discussed. O'Neil said he would include that on the next agenda Mascari said he thought that unfinished business should be included in the Chairperson's report. AUTHORIZATION OF EXPENDITURES: Ellis asked what Commercial Towel does? O'Neil said some restroom supplies are bought from Commercial Towel and they also supply the rugs inside the doors in the Terminal Building. Mascari said he wanted to verity that the Chambers Electric bill was part of the Building D rehab project. Mascari made a motion to pay the bills. Hartwig seconded the motion. The motion passed 5 - 0. PUBLIC DISCUSSION — ITEMS NOT ON AGENDA: No items were presented. ITEMS FOR DISCUSSION/ACTION: a. Aviation Commerce Park (ACP) — Tracy Overton, from Iowa Realty, gave his monthly report. He said he spoke with Michael Hodges, from Airport Business Solutions, concerning advertising. Overton said the Commission should discuss what would be needed to connect lots # I — # 4 to the taxiway systems. He said it would be good to have that information in the event that there is an aviation -related business interested in the ACP. Overton said that in speaking with Hodges, they discussed a company called Airport Property Specialists. He said they are a company that specializes in airport properties. Overton said that it may be possible to have a joint marketing effort with that company and he is trying to contact the appropriate person in their office. Overton presented some information to the Commission on what it would cost to advertise in national magazines. In one of the magazines suggested by Hodges, the ads would cost anywhere from $1800 per month to $3800.00 per month. Another publication charged $4200 per month. Overton said he does not think the price of the national ads would be cost effective. He said he thought it would be more effective to do more local advertising. He said it may be possible to have a Chamber Business PM hosted by the Commission for the ACP. Ellis said Jet Air is going to be hosting a PM this fall. There is a waiting list of one to two years to host a PM. Ellis asked if the Council should be involved with helping to fund advertising? Mascari wanted to know if O'Neil knew of any funding source for advertising money? O'Neil said he didn't have any funding source, but since the Commission and Council have a joint agreement with Overton, the Commission may want to discuss advertising with the Council. Mascari said he thought they should take out three $1800 ads, running them every other month. Robnett said maybe they could advertise regionally, instead of nationally. She said that is usually less expensive. Overton said the national ads he looked at were advertising buildings, not undeveloped land. Overton said historically, local advertising has been more effective than national as far a land is concerned. Overton said he would suggest the Commission wait until they receive their report from ABS to decide on advertising. He said ABS might have some views on how the Commission should advertise. Overton said he would follow up with Airport Property Specialists. Thrower asked Overton what he would estimate Iowa Realty has spent on advertising? Overton said it would be difficult to estimate because the ACP is advertised with their other commercial property. He said he would guess it to be $5000 or $6000 over the last two years. Thrower asked Ellis if it was reasonable that Iowa Realty provide an accounting of what they have spent on advertising? Ellis said that when the contract was negotiated, Iowa Realty said that they would probably spend about $5000. The contract did not require an accounting of the advertising. He said it would not be fair to require it at this time. Thrower made a motion to formally require Iowa Realty to provide an accounting of what has been spent on advertising and lay out a plan for additional advertising funds. Mascari seconded the motion. Ellis said he did not think Thrower could make a motion at this point because it was not on the agenda. Mascari said he would like to make a motion to put the marketing issue on the agenda for the next meeting. Ellis said it would be more appropriate for Mascari to bring this up under Commission members' items. After some discussion, it was decided to bring up the issue later in the meeting. Thrower said he would withdraw his motion. Overton said an offer had been received and he would share the offer with the Commission if it moved forward. b. Hangar # 31 lease — Ellis said there was a subcommittee that reviewed the lease with the tenant and was to make a recommendation to the Commission. O'Neil circulated a lease that the subcommittee made final changes to. O'Neil said it was almost identical to the lease he had included in the packet. Robnett asked Dulek if she had reviewed the lease. Dulek said she had not been asked to review the lease. She reviewed the liability and insurance but she has not reviewed the entire lease. O'Neil said the tenant wanted a five-year lease. Dulek reminded the Commission that a public hearing is needed if it is more than three years. Ellis said that ABS said a five-year lease is acceptable, as long as there is some mechanism available to review the rent after three years. He said the lease ABS reviewed is not the lease negotiated by the subcommittee. He thought another subcommittee should look at the lease and the comments supplied by ABS. Mascari made a motion to accept the lease circulated by O'Neil at the meeting, with the exception of making it a three-year lease, with a two-year extension. He said the subcommittee had spent a lot of time and he thought it was a fair lease. Robnett seconded the motion. She said a permanent subcommittee should be appointed to review leases. Dulek asked what the option would include? Mascari said the option would continue the lease on with the same terms. Dulek said it would have to be voted on again at the end of the first three years. O'Neil suggested he contact the tenant and discuss the length of the lease. If the tenant wants a five-year lease, O'Neil will publish the public hearing notice for the August meeting. Mascari said he would withdraw his motion. Robnett withdrew her second of the motion. The Commission requested Dulek review the lease, with the recommendations from ABS. Mascari said he thought the Commission should have a special meeting to pass the lease. O'Neil said he would suggest setting a public hearing at the August meeting. Mascari made a motion to set the public hearing for the lease for hangar #31 for August 14, 2003. Thrower seconded the motion and it passed 5 — 0. Ellis said this is not a lease for just one person. He said it should be uniform for all the commercial hangars. c. Environmental Assessment project (consultant H.R. Green) — Joe Trnka, from H.R. Green, presented information. He said the EA noise contours were revised and would be sent to the FAA by the end of next week. He said they would be smaller. Tmka said he used one aircraft that probably should not have been used in the model and it skewed the results. Dick Blum, from H.R. Green, said using daytime versus nighttime hours also had an effect on the noise study. Blum said the FAA also wanted a more detailed explanation of the alternatives. He said most of that information was reviewed in detail in the 1993 feasibility study. Much of that information will be included in the EA report. O'Neil said the information needs to be sent to the FAA as soon as possible to complete the EA so a grant can be applied for. Blum said the FAA has said that they will not pay for design work to see if Runway 07 could be lowered. Blum said he thinks the runway should be lowered and Green may try to convince the FAA of the cost savings involved with changing the runway elevation. d. Strategy/business plan project (consultant ABS) — Ellis said additional information is being sent to ABS. A meeting has been scheduled with the Council for August 18 for a presentation of the initial draft of the report. The Council would like to see the report in advance of the meeting so they have time to review it. Thrower asked if they have provided anything in advance? O'Neil said the draft report was to be their first document. O'Neil said he has asked ABS to provide the draft in electronic form by August 13. All of the Commission members said to send them the report electronically. e. Obstruction mitigation project (consultant Stanley Engineering) — Mike Donnelly, from Stanley, presented a map of all the obstructions and discussed it with the Commission. He said all of the property owners were contacted. Costs to mitigate the obstructions were assigned to all the obstructions. Three of the obstructions were at ground level on the Airport. Donnelly said their estimator might have estimated high on removing the ground. He said he would do a field survey to more accurately determine how much dirt needs to be moved. Thrower noted that there was a building close to the Airport property by Runway 25 that was considered an obstruction. He wanted to know if an obstruction light could be installed? O'Neil said they would look at that possibility. He said that when the survey work was being done for the ACP, one of the survey marks might have indicated that the building is on Airport property. He would follow-up with the survey crew. Blum said the obstruction would be worse if a 50:1 slope is approved. O'Neil said it is important where the obstructions are and their height in relation to the runways. He said it would also be important to reduce the number of obstructions. Ellis asked about the flagpole on the Old Capital Building. Donnelly said the architect from the University said they were going to have an airspace study conducted. An airspace study was suppose to have been done before they installed the flagpole. f. United hangar disposition - Tmka presented information on what it would cost to remove, restore or rehabilitate the building. Blum said that there would be additional costs to move the brick office part of the building. He said that there could be a significant cost with replacing the roof on the hangar. Ellis asked when the recommendation to the Council needs to be made? He said the Commission does not have funds to rehab or restore the building. Mascari said he thought there should be at least a 20 % contingency in the budget for removal or restoration. He said surprises in the Terminal renovation project meant they could not do all they wanted to with that project. He said he would not want to move the hangar and end up with a building that did not pay for itself. Blum said that no matter what was done, there would need to be a historical recording of the building. This could cost as much as $20,000. O'Neil said that disposition of the building would be included in Phase II of the runway extension project. He said that the Commission should get some direction from the Council on whether there is any desire to save the structure. There would be substantial local funds needed to restore the building. The FAA would pay 90% of the moving costs. Mascari asked about whether anyone wanted to rent the office space? O'Neil said that there has been some interest in the office, but a new water line would have to be installed. The old line ruptured and was not replaced because of the cost. Ellis asked if there was any interest yet from the Science Center? O'Neil said that he did not know if the Science Center bad any funds. They wanted to move the building to the ACP and have the property rent-free for at least five years. O'Neil said that he would not advise moving the building if the Commission did not have the funding available to restore it. He said it would not be productive to the Airport to move it and leave it in the repair it is in now. Mascari said although it is a building with a lot of history, he thought it would have to be demolished. He said that the FAA would pay for 90% of the project. Ellis said the Science Center should be contacted. There was not a consensus by the Commission to contact the Science Center. 4 apply to administration of the Airport and would not want to see Roberts limit the dialog of the Commission. Hartwig said although it was not aviation related, he would like to congratulate the Englert group in meeting their goal. Robnett said she would like to see the bushes trimmed more at the Airport entrance. Robnett said she went to Fly Iowa in Cedar Rapids and she said it was not very well organized. She thought the Iowa City annual fly -in was better organized. Robnett said she would like to see if there would be a Vision Iowa grant or some other funding to improve the lighting and install sidewalks on Riverside Drive to the Airport. Robnett wanted to know if someone wanted to have a conference at the airport, was there space available in Building F? O'Neil said Building F is leased to Jet Air. He said that is one of the things the United hangar could be used for if it was moved and restored. Mascari wanted to know if the Commission is making monthly presentations to the Council? Ellis said he was not at the last Council meeting, but he planned on going to the next meeting. Mascari said he would like to put on the next agenda how the agenda is formulated. There was agreement of the Commission to review agenda procedures. ADMINISTRATIVE REPORT: O'Neil said he received a thank you letter from Hills Banks for participation in their Aviation Day on June 14. There will be a temporary tower for the fly -in breakfast on August 24. Dave Larsen, who represents a developer west of the Airport, may be interested in leasing some property. O'Neil told him to present the Commission with a proposal. O'Neil said he received a telephone call from a woman whose father was an airmail pilot in 1927. She has some articles from his estate that discusses the Iowa City Airport in the late 1920's. She said she would send the information to O'Neil. O'Neil said Ross Spitz, from the Public Works Department, is negotiating an agreement to get another 50,000 cubic yards of fill for the ACP. SET NEXT MEETING: The next regular Airport Commission meeting is scheduled for August 14, 2003, at 5:45 p.m. The meeting was adjourned at 8:24 p.m. Alan Ellis, Chairperson IOWA CTI'Y AIRPORT COMMISSION August 2003 Airport Expenditures Account 46110 Amount 119163 Commercial Towel June service 52.60 119164 PMMIC Underground tank insurance 500.00 119165 Chambers Electric Electrical repair 61.63 119166 Larew Company Terminal Bldg. Air conditioner 70.00 119167 Freeman Lock Lock repair 48.00 119168 Midwest Janitorial July service 185.00 119171 Meteorlogix DTN weather -annual lease 1416.00 119172 ADS Business report — paymt #2 8224.91 119173 City of Iowa City Sewer & water — Jul 129.23 Account37410 119169 MMS Consultants ACP-subdivision 693.00 Account37430 119170 H.R. Green Co. Rehab — Bidgs B & C 3150.00 The above listed expenditures were approved for payment at the Iowa City Airport Commission meeting on August 14, 2003. Chairperson Vice -chairperson AVIATION COMMERCE PARK NAI IOWA REALTY CON NMRCIAL Status Report By Tracy K. Overton, 319-354-0989 August, 2003 Executive Summary: I received a request for information this month from a broker regarding a prospect from the East coast that wants to purchase land close in to Iowa City. We also had a party interested in purchasing Lot #1. We were unable to arrive at a mutually acceptable value for the lot. In following up with "Airport Property Specialists", the real estate company specializing in airport property, they would like to review the Airport's master plan and the report from ABS before they consider any joint -marketing arrangement. Administrative Issues: New Issues Old Issues 1. I feel we should check into the feasibility/cost of installing the access -way from ACP to the actual airport taxiways. This will be important if an Aviation related company should have an interest. 2. Signage for the main entryway off of Riverside Dr. Marketing Issues: Advertisine Iowa Citv Chamber "Reflections" Readership — 2,000 Ad Size - 3"x 5" Monthly Cost: B&W $175.00 per month or $1,900.00 for 12 issues ICAD is doing a piece in their monthly News Letter that will mention and describe ACP. Prospects No strong prospects at this time. 14 July 2003 HANGAR LEASE This HANGAR LEASE ("Lease") , applicable only for activities on the Iowa City airport property, entered into by and between the Iowa City Airport Commission ("Commission") and Interwest Equities ("Tenant'). 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 # 31 (the "Hangar Space") located at the Iowa City Municipal Airport (the "Airport") and described as follows: Building G, corporate hangar with a 48' bifold door and attached office area. 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 and shall end on the last day of the month of Tenant agrees to notify the Commission 45-days prior to the expiration of the existing term if the Tenant does not intend to negotiate another term. In the event Tenant shall continue to occupy the Hangar Space beyond the term of this Lease without executing a Lease for another 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 $365.50 per month, payable in advance on the first day of each month. A 1.5% late fee (which is $5.50 per day) for rent not received by the Commission will be charged after the fifteenth (15) day of each month. 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. In the event that the tenant renews the lease, the deposit will be held for the next lease tens. If the tenant does not continue on with a renewed lease, the Commission shall return the deposit to the Tenant, less any amounts due the Commission for rent and damages to the Hangar Space. The deposit is waived for the term of this lease. 5. Use of the Hangar Space and office a. The Hangar Space shall be used for storage, maintenance, repair and/or construction of the listed Aircraft consistent with FAR and the Minimum Standards. b. Tenant may park his/her car in the Hangar Space during such time that Tenant is using the Aircraft. C. This provision is not to be construed as a prohibition for storage of maintenance materials, cleaning materials, tools, parts, spares, and other aircraft components. d. Only aviation -related activities shall be conducted by Tenant in, from or around the Hangar Space unless prior approval is received from the Commission, as stated in the Minimum Standards. e. No maintenance of non-Isited Aircraft shall be performed in the Hangar Space or anywhere on the Airport without the prior written approval of the Commission. Tenant shall be responsible and liable for the conduct of its invitees, and in and around the Hangar Space. Tenant shall keep the Hangar Space clean and free of debris at all times. g. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply with all applicable ordinances, rules, and regulations established by the controlling agency. h. Tenant shall dispose of used oil only in approved receptacles. 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 Tenant's improper or negligent operation. Tenant agrees, at its own expense, to pay for the monthly costs of all utilities, except water and sewer, for the hangar and office. Commission agrees to furnish monthly water and sewer service at no expense to the Tenant. Tenant is responsible for his own refuse disposal. 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 maintain the interior of the Hangar Space to include janitorial services, all lights, keeping faucets closed to prevent waste and flooding, to promptly notify the responsible party in case of flooding, repair any leakage, stoppage or damage in any of the water, gas, or waste pipes, to repair any damage to electrical circuits due to overloading, and to maintain proper heat to keep water pipes from freezing. Tenant, at its own expense may paint and carpet the office space. Tenant shall make no structural alterations or improvements without first obtaining the Commission's written approval of the plans and specifications. The tenant will, at it's own expense, maintain any improvements or alterations made by the Tenant or Commission that benefit on the occupied hangar. C. Lessee shall provide and maintain a hand fin: extinguisher for the interior of the Hangar Space of the building in accordance with applicable safety codes. Extinguisher must be mounted and be rated at least 2A 4013C. d. Tenant shall not store any materials outside the Hangar Space. e. Tenant shall notify the Manager of any repairs needed, if repairs are not addressed in a timely manner. Tenant will notify the Commission in writing. 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 the Hangar structure, Hangar Space, and supplied mechanical facilities 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. Tenant is responsible for the damage of its agent, servants, invitees or customers. 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. Sublease/Assignment. 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 with supplied mechanical facilities in a good state of repair 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, plumbing, light fixtures, luminaries, and any item permanently attached to the wall, floor, or ceiling of the Hangar Space by means of concrete, plaster, glue, nails, bolts, or screws. This does not include equipment or personal items. 11. Hazardous Materials. a. No "hazardous substance," as defined in Iowa Code section 455B.411 (2001), may be stored, located, or contained in the Hangar Space in proper storage 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 12. Special Events. During special events at the Airport, 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. 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. 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. All tenants will receive prior notification any public hearings directly affecting the lease. 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 wants to change the lock to the Hangar Space, he or she shall provide written notice to the Airport Manager before he or she does so and shall provide a key to the Manager within twenty-four hours of changing the lock. 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. 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 acts or omissions of Tenant, its employees, agent or invitees, in which case the rent shall not abate. If the Hangar or Hangar Space is rendered untenantable and Commission elects not to repair the Hangar or Hangar Space, this Lease shall terminate. 17. Indemnity. Except as to any negligence of the Commission, arising out of roof and structural parts of the building, Lessee will protect, indemnify and save harmless the Commission, the Commission's employees and the City of Iowa City from and against any and all loss, costs, damage, and expenses occasioned by, or arising out of, any accident or other occurrence, including fire, causing or inflicting injury and/or damage to any person or property, happening or done, in, upon or about the leased premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by Lessee or any person claiming through or under Lessee. 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. Event of 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. Upon the default by Tenant, or at any time thereafter during the continuance of such default, the Commission may take any of the following actions and shall have the following rights against Tenant: a. Termination. Commission may elect to terminate the lease by giving no less than thirty (30) days prior written notice thereof to Tenant and upon passage of time specified in such notice, this lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in this paragraph. b. Eviction. Commission shall have the immediate right upon Termination of this lease to bring an action for forcible entry and detainer. c. Tenant to remain liable. No termination of this lease pursuant to this paragraph, by operation or otherwise, and no repossession of the hangar space or any part therof shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, reposssession or reletting. d. Damages. In the event of any termination of this lease or eviction from or repossession of the hangar space or any part thereof by reason of the occurrence of an Event of Default, Tenant shall pay to the Commisison the rent and other sums and charges required to be paid by Tenant for the period to and including the end of the Term. 21. Security. Tenant acknowledges that the FAA or Homeland Security 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 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 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 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 Airport Manager or 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. If to the Commission, addressed to: Iowa City Airport Commission Attn: Airport Manager Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 If to Tenant, addressed to: Interwest Equities 886 Park Place Iowa City, Iowa 52245 27. Airport Manager. The Airport Manager is the person designated by the Commission to manage the Hangar Space and to receive and deliver all notices and demands upon 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. N IOWA CITY AIRPORT COMMISSION By: Title: Date: Interwest Equities By: Title: Date: Approved: City Attomey's Office Airport Airport Business Solutions Business Valuation and Consulting Services to the Aviation Industry" 365 Arroyo Drive, Roswell, Georgia 30075-1258 SolutionS Phone (678) 461-4300 Fax (678) 461-4301 Mr. Alan Ellis Chairman Iowa City Municipal Airport Commission Iowa City, Iowa Dear W. Ellis: In general, it is our opinion that the approved lease is more consistent with "industry standard" regulations and terminology utilized by general aviation facilities. In addition, there are a few areas in the older lease language that leaves the Commission at risk. As such, it has been a prudent effort on your part to have worked to improve and enhance various sections during the lease update process. ' As you review the comment column on the each of the following tables, please note that there are certain areas where we believe that accommodations to the tenant could be considered. However, it is our strong opinion that to accept the old lease preferred by the Tenant would not be in the best interest of the Airport, the Commission, other tenants, or the City. Please advise if you have fiuther questions. City of Iowa city MEMORANDUM TO: Iowa City Airport Commission FROM: Susan Dulek, Ass't. City Attome`y�' DATE: July 25, 2003 RE: Corporate Hangar Lease As you directed at the July meeting, I have reviewed a proposed corporate hangar lease. Enclosed please find copies of the following: 1. Corporate Hangar Lease with my comments; and 2. ASS comments to two corporate leases. I had Ron send me an electronic version of the corporate lease. Given the various versions of the corporate lease that have been distributed recently, the enclosed may or may not be the exact copy of the one reviewed by ASS. In bold are my responses to the comments and suggestions provided by ASS. On the list of the ASS comments, I have handwritten the corresponding paragraph in the lease where you can find my comments in bold. I have "redlined" my suggested changes. If you have any questions, please do not hesitate to contact me at 356-5030. Enc. Copy to: Ron O'Neil-wfenc. HANGAR LEASE This HANGAR LEASE ("Lease") entered into by and between the Iowa City Airport Commission ("Commission") and ("Tenant"). 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: . . 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 , 20 , and shall end on the last day of the month of 120 Tenant agrees to notify the Commission 45-days prior to the expiration of the existing term if the Tenant does not intend to negotiate another term. In the event Tenant shall continue to occupy the Hangar Space beyond the term of this Lease without executing a Lease for another term, such holding over shall not constitute a renewal of this Lease but shall be a month -to -month tenancy only. [The term of the lease is a policy matter, not a legal question.] 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. [The amount of rent is a policy matter, not a legal matter. ] 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. In the event that the tenant renews the lease, the deposit will be held for the next lease term. If the Ttenant does not continue on with a renewed lease, the Commission shall return the deposit to the Tenant, less any amounts due the Commission for rent and damages to the Hangar Space. [The amount of the deposit is a policy matter, not a legal one. However, the purpose of a deposit is to cover the costs to repair and one month's rent is probably inadequate. When drafting the t-hangar lease, I had suggested 2 months, but it's strictly a policy question.] 5. Use of the Hangar Space and Oeffice a. The Hangar Space shall be used primarily for storage or construction of the Aircraft consistent with FAR federal regulations and the Minimum Standards. Tenant acknowledges receipt of a copy of the Minimum Standards. .; b. Tenant may park his/her car in the Hangar Space during such time that Tenant is using the Aircraft. C. This provision is not to be construed as a prohibition for storage of maintenance materials, cleaning materials, tools, parts, spares, and other aircraft components. d. Commercial activity of any kind shall not be conducted by Tenant in, from or around the Hangar Space unless prior written approval is received from the Commission, as stated in the Minimum Standards. e. 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. f. Tenant shall be responsible and liable for the conduct of its invitees, and in and around the Hangar Space. Tenant shall keep the Hangar Space clean and free of debris at all times. g. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply with all applicable ordinances, rules, and regulations established by federal, state or local government agencies. h, ._see paragraph 11 below i. 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 Tenant's improper or negligent operation. I. Tenant agrees, at its own expense, to pay for the monthly costs of all utilities, except water and sewer, for the Hhangar Space. and —ems Commission agrees to furnish monthly water and sewer service at no expense to the Tenant. Tenant is responsible for his or her own refuse disposal. 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, keeping faucets closed so as to prevent waste of water and flooding of the premises, to promptly take care of any leakage or stoppage in any of the water, gas, or waste pipes inside the hangar building, to repair any damage to electrical circuits due to overloading, cleaning of snow within two (2) feet of the hangar, disposing of any debris or waste materials, and maintaining any Tenant constructed structures and equipment. Tenant agrees to maintain adequate heat to prevent freezing of pipes and is responsible for minor plumbing repairs. The Commission shall be the sole judge of the 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. Tenant, at its own expense, may paint and carpet the office space. Tenant shall make no structural alterations or improvements without first obtaining the Commission's written approval of the plans and specifications. [Do all con). han-gars have offices?1 C. Tenant shall provide and maintain a hand fire extinguisher for the interior of the Hangar Space of the building in accordance with applicable safety codes, including the Iowa City Fire Code. Extinguisher must be mounted and be rated at least 2A 4013C. d. Tenant shall not store any materials outside the Hangar Space. e. Except in an emergency situation,Tenant shall 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 perform se 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 shall be the responsibility of the Tenant. e. The Commission shall ensure appropriate grounds keeping is performed year round. 8. Sublease/Assignment. 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, plumbing, light fixtures, luminaries, and any item permanently attached to the wall, floor, or ceiling of the Hangar Space by means of concrete, plaster, glue, nails, bolts, or screws. 11. Hazardous Materials. a. No "hazardous substance," as defined in Iowa Code section 455B.411 (20043), may be stored, located, or contained in the Hangar Space without the Commission prior written approval and proper storage 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 [ABS suggests refering to the federal regulations. The definition of "hazardous substance" in section 455B.411 of the Iowa Code is the same one as in the federal statute and the federal regs so there's no reason to refer to federal law.] 12. Special Events. During special events at the Airport, 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. 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. 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, if the Tenant wants to change the lock to the Hangar Space, he or she shall provide written notice to the Airport Manager before he or she does so and shall provide a key to the Manager within twenty-four hours of changing the lock. 15. Insurance. 5 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. [ABS asked why the $2 million aggregate was not included. The City's preferred language is to include a $2 mill aggregate provision, but the Commission chose not to do so w/the T-hangar lease. The $2 mill aggregate is to the Tenant's advantage because it limits tenant liability to $2 mill total. W/o that provision, there is no such cap, just the cap of $1 mil per occurance.] 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 acts or omissions of Tenant, its employees, agent or invitees, in which case the rent shall not abate. If the Hangar or Hangar Space is rendered untenantable and Commission elects not to repair the Hangar or Hangar Space, this Lease shall terminate. 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 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. Event of 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. [ABS suggests a longer cure period than 5 days. That's a policy decision. ] Upon the default by Tenant, or at any time thereafter during the continuance of such default, the Commission may take any of the following actions and shall have the following rights against Tenant: a. Termination. Commission may elect to terminate theis (Lease by giving no less than thirty (30) days prior written notice thereof to Tenant and upon passage of time specified in such notice, this lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in this paragraph. b. Eviction. Commission shall have the immediate right upon Termination of this lease to bring an action for forcible entry and detainer. c. Tenant to remain liable. No termination of this lease pursuant to this paragraph, by operation or otherwise, and no repossession of the #Hangar sSpace or any part therof shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, reposssession or reletting. d. Damages. In the event of any termination of this lease or eviction from or repossession of the hHangar sSpace or any part thereof by reason of the occurrence of an Event of Default, Tenant shall pay to the Commisison the rent and other sums and charges required to be paid by Tenant for the period to and including the end of the Term. 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. [ABS suggests being more specific in light of the Dept. of Homeland Security. Perhaps Ron or ABS can locate language that the FAA may be suggesting.] 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. [Again, the length of notice to terminate is a policy question.] 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 employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 24. FAA Provisions. [ABS states that some of the Subpar. (a) and (b) below are duplicative of Par. 23. To a large extent, that's true. Par. 23 is a standard paragraph in all City contracts because it reflects the City ordinance. It is broader than below because the City protects more categories of people from discrimination. Also, the FAA requires Subpar. (a) and (b) in all leases. I confirmed this w/Nicoletta Oliver Win the last year or so. For those reasons, altho duplicative in part, I suggest just keeping Par. 23 as is as well as subpar. (a) and (b). Par (c) and (d) are only required by the FAA if the lessee provides an "aeronautical service to the public." Subpar. (e) to (k) are just FAA suggestions, not requirements.] 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 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. 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. 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 interference or hindrance. g. The Commission reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstructions, together with the right to prevent Tenant from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of the Commission would limit the usefulness of the airport or constitute a hazard to aircraft. h. During time of war or national emergency, the Commission shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly -owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. 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. 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 Airport Manager or 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. If to the Commission, addressed to: Iowa City Airport Commission Attn: Airport Manager Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 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 receive and deliver all notices and demands upon 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 0 Title: Date: (TENANT) 0 Title: Date: Approved: City Attorney's Office �a L�2a5�. (�-3 K n a lk Pof 05yeaErns 3 years The lease could be for 3 years with a 2-year option, The Commission may want to consider a 5 year lease with a midpoint rate increase or a 3 year lease with an option period of 2 years. The option would be granted if the tenant has not been in default and the rate would be increased to market value at the beginning of the option period. Rent $358/month $358/month The lease does not provide the Commission pro -rats language no pro-rata language with any method of increasing the rent for the entire lease period. Security Deposit none $358 Commission should have security deposits on all structures equal to 2 months rent. Use of Property/Hangar 1. Minimal requirements 1. Specific requirements The approved lease addresses several issues that 2. Language that states the 2. No similar language on are important to how the hangar is used and Lessor liability shall not Lessor liability should be contained in the lease going forward exceed the value of the aircraft stored Insurance General Liability General Liability In the approved lease, the aggregate amount of Each Occurrence $1,000,000 Each Occurrence $1,000,000 $2,000,000 was not included. Why? Termination Not included 30-days required Recommend you consider 60 days written notice. Access & Inspections Not included 24-hour notification 24 hours is fairly standard notification Hazardous Materials Only fuel & oils mentioned Hazardous materials as This section needs to go further to include covered in Iowa Code federal regulations as now or hereafter Section 455B.411 amended C)k Do Building Maintenance l.Tenant not required to Building maintenance is now The approved lease has several additional have a fire extinguisher. shown as Rights and requirements not in the tenant preferred lease. 2. Lessor responsible for obligations within the The new requirements are fair and offer all snow removal. approved lease protection to all entities involved. 3. 100% access is given at 1. Tenant required to all times. have a fire extinguisher. 4. No default is defined if 2. Lessee responsible for Lessee does not adhere snow removal within 2 to requirements, feet of structure 3. A reference to limited access during special events is included. 4. Commission can enter and make repairs with a charge back to Lessee. Rights and Obligations of Nothing stated in this lease This is a new section and Within the Business Plan, ABS will provide Tenant contains many fair and additional language for this section for future important conditions leases. Assignment/Sublease Each lease is stating virtually the same thing. Special Events Not included Statement on operating This is a good addition to the lease language procedures Attorney Fees Not included Typical lease language for reimbursement of legal fees Event of Default Not included Provides procedures for Important to include this language. Commission when tenant goes into default may want to allow for a longer cure period. A based on non-payment or repair could take longer than the 5 days shown. non-compliance (W a\ (�- a3 Security Not included Single paragraph relative to The lease needs a section on security this Cities' ability to comply with paragraph should be better defined to include future regulations. other potential federal requirements and federal governing entities. Non -Discrimination Okay language, cites the Language in tenant preferred See FAA Provisions comments. governing requirement lease is better. FAA Provisions First four paragraphs refer to First four paragraphs refer to The Commission could actually delete the non - non -discrimination and are non-discrimination and are discrimination section and enhance the language redundant with the non- redundant with the non- in the FAA provisions clearly indicating the discrimination section. The discrimination section. The paragraphs on non-discrimination within this language under this section is language under this section section. better. is better. In item (g) serial approaches should be aerial approaches. Section 25 thru 31 Not included These sections incorporate: The sections added to the approved lease are Notices, Airport Manager, good additions to the Commission's core lease. Severability, Waivers, Successors Bonds, Integration, and Remedies M I Use of Hangar Item (d) Request only - Item A Refers to --- This sentence should also say existing aviation related services can commercial activity regulations or regulations as hereafter amended. be conducted by Tenant. Item (g) Refers to federal, Item (e) The last sentence state or local governments. was deleted. This dealt with damage to the hangar from maintenance activities. Item (g) Change in the last part of sentence to controlling agencies. Rights and Obligations of Item (e)Deleted "except in Request notification go to The document should be consistent in where Tenant emergency situation", and the Commission and to whom notices should be sent. In item 27 indicates the Tenant will it is stated that the Airport Manager is notify Airport Manager designated by the Commission to manage the Hangar Space and to receive and deliver all notices. However, within other parts of the document the Commission receives notices. Rights and Obligations of Deletes several requirements The approved lease section is Recommend using the approved lease language Commission for repairs due to the acts of more precise and defined. Tenant, agents, servants, invitees, or customers Condition of Premises Added a sentence stating that This statement is not in The statement added by the Tenant implies you the mechanical facilities are approved lease have inspected the hangar and corrected any in a good state of repair mechanical deficiencies. Alterations Tenant inserted that Lease states if items are If the Tenant intends to affix a piece of improvements , even those affixed permanently they equipment to the structure the written approval permanently installed are not revert to the Commission. to do this should contain language as to the transferred to the disposition of the item at lease term if you Commission if they are intend to make an exception. Does the hangar equipment or personal items. currently contain items that have been welded, glued or attached to the hangar structure? Term of Lease Tenant wants a 5 year lease Approved lease is for 3 years The lease does not contain information on the use of the hangar. The lease summary that the Airport Manager provided indicates that this is a corporate hangar, which would generally receive a five year term. However, since there are not provisions within the document allowing the Commission to increase the rent during the entire lease term, 3 years is acceptable. The Commission may want to consider a 5 year lease with a midpoint rate increase, or a 3 year lease with an option period of 2 years. The option would be granted if the tenant has not been in default and the rate would be increased to market value at the beginning of the option period. Rent Tenant has adjusted the Approved lease amount Do not know why the tenant increased the monthly amount to $365 $358. monthly rent. Security Deposit Tenant wants to waive Deposit is equal to one The hangar rent is so low that it would not go . security deposit month rent amount. very far in fixing any maintenance problems or damage. Consider increasing to at least two months rent. Casualty The first sentence has been This change is more of a M --- Since both documents are saying the same thing altered to read "...that the rewrite of the same either would be alright to use. hangar is not rendered." conditions as stated in the However, this change is approved lease. more of a rewrite of the same Indemnity Tenant has reworded entire The language in the The Commission definitely needs to use the paragraph approved lease provides language in the approved lease in order to more protection for the provide the protection that is being sought. Commission. Security Tenant has changed "another Another governing body is The actual governing body for security is the governmental agency" to used. Department of Homeland Security (DHS) with Homeland Security. direct oversight frpm the Transportation SecurityAdministration (TSA). The FAA also bears some responsibility as does state and local law enforcement. The Commission could specifically include these organizations with additional language stating and all other governing bodies with jurisdiction for airport security. cal 'ress- Page.3A ► Thursday, July 1, 2bb3" To -contact us:edi.: . A S gntnipt fonGreg Smith Phone: 337-3181, ext. 418 E-mall: newsroomftress-citi- zen com. Fax: 834-1083 - "!p : M-F, 8 a:m: to;x,;p:m': Meet Dave Jacoby An1ce cream social fo'meet Dave Jacoby, Democratic candidate for House District 30, will be from 2:30 to 3:30,p.m..Saturday at John's Ice Cream Store, Highway 6 in Tiffin. Fordnformation, call 330-7523. Miss i story?I If you missed the Press -Citizen In the past week, get caught up at . www.prm-eften.com/ archiveslndexhtm. ' Airport -Schedule plan behind By Vanessa Miller Iowa Cite/ Press -Citizen At1aNa-based consultants hired earlier this year to help the Iowa City Airport move toward self-sufficiency said they need more. information before completing abusiness plan that should have been finished last month Airport Business Solutions made its requesten early Jane and still is waiting for an ariswec An approximate deadline for a draft of the business plan passed Jame 18. 'hat was an approxi- mate time," Airport Manager Ron O Neil said. 'They are still on the time schedule that the city and commission thought they would be on", Michael A. Hodges, presa- dent and CEO of the consult- ing firm, said officials have not been able top" with the plan because they have been waiting for commission- ers to provide historical infor- mation about the airport "We are shooting to have it done for August;" Hodges said. -But Us all dependent on receiving the necessary information that we've requested. Without that infor- . matron, we can't make things up. It's important we lafow the history." • ;. Iowa City councilors approved spending more than $15,000 to hire the consultants during a special formal meet- ing Feb.10. Coancilors said a strategic business plan is a the ciVs subsidy of the airs port, which has increased sig- nificantly over the past few years. hi the budget year tluit ended June 30, 2001, the Timeline November 2002: Airport Business Solutlons'-estl- mates It will need 90 days after receiving city go- ahead to draft an Airport Stratoglc Business Plan for the city to review and solicit public comment Feb.10: City Council approves spending more .city's funding contribution was $100,000. That increased to $167,000 in the last budget year, which ended June 30, and is projected to . be $180,000 this year: 711e.city's financial sup- port is -needed because the airport."does not generate enough money to pay off loans the city obtained to than $15,000 to hire ABS. Mandl 18: ABS recehies a notice to proceed from airport officials. .Early - to mid -June: ABS requests more Information on airport history. June 18: Approximate deadline for draft of busi- ness plan passes. build airport hangers. The facility's total debt, including cost of land, terminal build- ings, renovations and fuel tanks is about $5.4 million, officials said Hodges said the business plan will evaluate possibilities to reduce city subsidy while looking at ways to maximize the facility's attributes "We are focusing-o4 ways to enhance the growth of the airport and evaluate' its strengths and weaknesses," he said. "You have to know where you are beforeyou can get out of time trends." .The business plan also will outline methods to maxi- mize revenues and create a more cost efficient system, Hodges said. ,,"We are also providing ideas .of ways the airport could become more self-suf- ficient or ways to minis ize subsidies from the city," he said, adding the Federal Aviation Administration man- dates general aviation air- ports like Iowa City's have a goal of self-sufficiency. 'The FAAwants them to do every- thing in their power to mini- mize reliance on subsidies." The council wrll- discuss the business plan at its next informal meeting Aug. 18. Mayor Ernie Lehman said he requested the consultants provide councilors with the plan prior to the discussion Tmvery disappointed that they don't have it done, but it win have to be done by the next council meeting," said Councilor Connie Champion "they know they are under the gum and the council will not be happy if they have to ask for an extension" Councilor Mike O'Donnell said he wants the business plan to include options that will reduce the city's funding. "Arwddng that will move the airport to being mdre self- sufficient is what we are after," ODonnelt said. "But I have always supported the airport" Reach Vanessa Miller at 339-7360 or it vmlllet@press- citizen.wm. IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 Memorandum To: Shelley McCafferty, Urban Planner From: Ron O'Neil, Airport Manager Date: August 5, 2003 Re: United hangar It is my understanding that you are the staff contact for the Historic Preservation Commission. The Airport Commission has asked me to contact you concerning a project they are working on to see if the Historic Preservation Commission has any interest in restoring a building. The project is to mitigate obstructions to navigation on and around the Airport. One of the obstructions is the hangar building at 1701 South Riverside Drive. The building is considered an obstruction to the approach to Runway 25. It was constructed in the late 1920's by United Airlines. United signed a 50 year contract with Iowa City in 1930 to provide commercial air service. The contract required them to maintain the hangar and two runways. The Commission has three choices for disposition of the building. All would require a historic recording of the building before any option is selected. One option would be to tear down the building. Another option would be to move the building and rehab it as a useable hangar. A third option would be to move the building and restore it to its original condition. State or federal funding may be available to tear down the building or to move it. There is not funding available to rehab or restore the building. If the Historic Preservation Commission has an interest in this building, the Commission would like to invite someone to attend the next Commission meeting on August 14, 2003, at 5:45 p.m. The meeting is at the Airport, in Building E. Disposition of the Untied hangar will be on the agenda. If you have questions or would like additional information, please contact me at 356- 5045 or e-mail at ron-oneil@iowa-city.org Cc: Airport Commission✓ Sue Dulek, Assistant City Attorney NOTIFICATION OF TEMPORARY CLOSURE I, certify that the regulated underground storage tanks listed above and.located at the site referenced above have been temporarily closed as of by completing the following: (Date) 1. All product has been emptied from the tanks such that no more than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the total capacity of the UST system remains in the tank. 2. All lines, pumps, accesses and ancillary equipment have been properly secured and capped. 3. Vent lines remain open and functioning. 4. Financial responsibility is maintained as required in 567—Chapter 136 (IAC). Signed: Dated this day of 199_ (Owner/Operator of USTs) CAwor&Mndard%tmpc1s4.doc February 1996 Jul 17 03 01:1511' Corporate Centre 200 319 377 0075 P•1 CaWrae Gate 200 P.O, box 160 Mukm. Iowa 51302 Phone: (319) 377.6357 Fax t (319) 377-0075 .E.S., Inc. -7 TO: Ron O'Neil From: Bob MOnald, Service Manager owa City Municipal Airport ages: 1 319.356.5045 Pabin 7.01.021 ahc 19. $17. (.09 Z. thodi : PmtecWn ❑ Urgent ❑ For Review Cl Pease Gornment ❑ Please Reply 0 Please Recycle Ron Per our wnverartion 1 have had with you Tardar01og'Ihas re tested your cathodio protecden and once again they show It failing. I have come np with o few quotes on what your possibilities would be to address this issue. It you well Id Call me so we can discuss these quotes. 1. Design a survey to determine whether the Unks can be protect with sacrificial awdes. If they can be protected in thin. manner the quota w01 be Tor $6h66S.05. This could change dependent on the nhuctaer of anodes required. Z. Install an impressed current cathodic protseton system for approximately $8.059.10. This a vuid who fluahrede aNghtly if mare of fewer anodes are required. Any necessary excavation could also alfeh:t this price. RESOLUTION NO. R-156 RESOLUTION AUTHORIZING THE CHAIRPERSON TO EXECUTE AND THE SECRETARY TO ATTEST TO A CORPORATE HANGAR LEASE BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, AND GORDON AIRCRAFT INC. WHEREAS, the Airport Commission of the City of Iowa City has negotiated a lease agreement for Corporate Hangar No. 35, located at the Iowa City Municipal Airport; and WHEREAS, the Commission finds the proposed lease to be proper and in the best interest of the Iowa City Municipal Airport; and, WHEREAS, a public hearing was conducted on January 10, 2002 for public comment; and, WHEREAS, the term of the lease shall be from January 10, 2002, through December 31, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: That the attached hangar lease for Corporate Hangar No. 35 is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to the corporate hangar lease between the Airport Commission and Gordon Aircraft Inc. 3. All previous agreements and leases are voided and replaced by this agreement It was moved by Anderson and seconded by Horan the Resolution be adopted, and upon roll call there were: AYES NAYS ABSENT xx Horan xx Anderson XX Ellis XX Ruyle xx Mascad Passed and approved this 10 day of January 2002. CHAIRPERSO ATTEST: SECRET Approved by City Attorneys Office LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into this 10 day of January, 2002, by and between the Iowa City Airport Commission of Iowa City, Iowa (hereinafter called the "Commission"), whose address for the purpose of this lease is 1801 South Riverside Drive, Iowa City, Iowa 52246 and Gordon Aircraft, Inc. (hereinafter called "Gordon"), whose address for the purpose of this lease is Box 2088, Iowa City, Iowa 52244. WITNESSETH: 1. Property Leased. In consideration of the mutual terms, agreements, and conditions herein contained, Commission hereby leases unto Gordon the following described real property situated at the Iowa City Municipal Airport in Iowa City, Johnson County, Iowa, ("Airport"), to wit: a 60' by 80' hangar building, with 800 square feet of office space, known as Building 'U , and non-exclusive use of the 10,000 gallon underground fuel storage tank located, between Building "G" and Building "H" (hereafter "Leased Premises"). 2. Term. The term of this lease shall be for five (5) years, commencing on January 10, 2002, and terminating on December 31, 2006. Gordon will have the option of an additional five (5) year lease, if written notification is given to the Commission one hundred and twenty days (120) prior to the end of the original five-year lease. Rent will be reviewed and negotiated for the second five-year term. 3. Rent. Gordon agrees to pay Commission rent for the Leased Property as follows: $1250.00 per month, in advance, payable on the first da of each month during the term of this lease. Payments received after the fifteenth (15 day of each month shall draw interest at 9% per annum from the due date, until paid. 4. Possession. Gordon shall be entitled to possession on the first day of the tern of this lease, and shall yield possession to the Commission at the time and date of the close of this lease, except as herein provided. Should the Commission be unable to give possession on said date, Gordon's only damages shall be a pro rats reduction of the annual rent otherwise due. Ail leased property is to be returned to the Commission upon termination of the lease in the same condition as it was leased to Gordon, except for what would be considered ordinary wear and tear. 5. Use of Property. Gordon covenants and agrees during the term of this lease to use and occupy the Leased Property only uses as allowed in the Commission's "Minimum Standards." In regard to said use, Gordon shall comply with all city, state and federal codes, including but not limited to Federal Aviation Administration rules and regulations and the Iowa Department of Transportation rules and regulations. Any activity other than aircraft sales or subleasing hangar must be approved in writing in advance by Commission. Sublease of office and/or hangar space must have written approval from Commission. Approval is given through this lease to sublet to the University of Iowa Operator 2 Performance Laboratory. Vehicle and equipment parking will be limited to approved hard -surfaced areas and access to other areas of the Airport shall not be obstructed. 6. Fuel Tank. The Leased Premises includes non-exclusive use of the 10,000-gallon underground fuel tank located west of Building H. The Commission will be responsible for all maintenance and insurance for the fuel tank. Gordon will not be reimbursed for the current year's insurance premium, which ends in August 2001. The tank is to be used by Gordon or permanent aircraft tenants of Gordon. Permanent tenants are those that sublease space from Gordon for more than thirty (30) days. No fuel is to be resold. Tenants of Gordon using the fuel tank must purchase their own fuel and have it delivered to the tank. A $.06 per gallon fuel flowage fee will be paid to the Commission no later than thirty (30) days after delivery of fuel. A copy of the fuel delivery ticket is to be received by the Commission no more than seven (7) days after fuel delivery. 7. Maintenance. Gordon shall be responsible for the interior maintenance of the hangar and office space. This includes, but is not limited to, keeping the property clean, changing light bulbs, changing furnace filters, and repairing leaking plumbing fixtures. The exterior building maintenance, including structural building maintenance such as exterior doors, trimming trees and bushes, mowing the grass, and clearing the snow from the hard - surfaced areas, will be the responsibility of the Commission. The Commission may change the locking mechanism of the bi-fold hangar door. Gordon shall make no structural alternations or improvements to the Leased Premises without first obtaining the Commission's written approval of the plans and specifications. Any interior alterations or improvements which Gordon elects to make during the term of this agreement shall comply with Title lI, 42 U.S.C. 12131 ("Americans with Disabilities Act"). 8. Reasonable Care of Property. Gordon takes the Leased Premises in their present condition. Gordon shall not permit or allow any portion of the premises to be damaged by any negligent act or omission of the Gordon or its employees, and Gordon agrees to surrender the premises at the expiration of this agreement in as good condition as at the commencement of this agreement, ordinary wear and tear excepted. Gordon agrees to allow Commission free access to inspect the premises at all reasonable times. 9. Utilities. Gordon will be responsible for all utility costs incurred for the Leased Premises during the term this lease, including but not limited to electrical and natural gas costs. Gordon is responsible for its own refuse disposal. 10. Advertisine. Gordon agrees that no signs or advertising material shall be placed or erected upon the Leased Premises without the prior written consent of the Commission. All signs and advertising material shall be well maintained and in a readable condition. 11. 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. 12. Insurance and Subrogation: Lessee covenants and agrees that it will at its own expense procure and maintain general liability and casualty insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Tune of Coverage a. Comprehensive General Liability (1) Bodily Injury & Property Damage Each Occurrence $1,000,000 Lessee's insurance carrier shall be A rated or better by AM. Best. Lessee shall name the Commission, its employees and the City of Iowa City, as additional insured. Lessee shall deliver to the Commission, within thirty (30) days of execution of this agreement, Certificates of Insurance or copies of said policies. Lessee shall provide fifteen (15) days notice to the Commission before cancellation of said insurance. 13. Surrender of Premises at End of Term --Removal of Fixtures. Gordon agrees that upon the termination of this lease it will surrender, yield up, and deliver the Leased Premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Gordon. Gordon may, at the expiration of the term of this lease, or renewal or renewals thereof or at a reasonable time thereafter, if Gordon is not in default hereunder, remove any fixtures or equipment which said Gordon has installed in the leased premises, providing said Gordon repairs any and all damages caused by removal. 14. Defaults Upon default in payment of rental herein or upon any other default by Gordon in accordance with the terms and provisions of this lease, this lease may at the option of the Commission be terminated. Acceptance of keys, advertising and re -renting by the Commission upon Gordon's default shall be construed only as an effort to mitigate damages by the Commission, and not as an agreement to terminate this lease. Waiver as to any default by Gordon shall not constitute a waiver by the Commission of any subsequent default or defaults. 15. Bankruptcy or Insolvency of Gordon In the event Gordon is adjudicated a bankrupt or in the event of a judicial sale or other transfer of Gordon's leasehold interest by reason by any bankruptcy or insolvency proceedings or by other operation of law, but not by death, and such bankruptcy, judicial sale or transfer has not been vacated or set aside, then and in any such events, the Commission may, at its option, immediately terminate this lease and re-enter said premises all to the extent permitted by applicable law. 16. Mechanic's Liens. Neither the Gordon nor anyone claiming by, through, or under the Gordon, shall have the right to file or place any mechanic's lien or other lien of any kind or n character whatsoever, upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Gordon therein, and notice is hereby given that no contractor, sub -contractor, or anyone else who may furnish any material, service or labor for any building, improvements, alteration, repairs or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Commission, Gordon covenants and agrees to give actual notice thereof in advance, to any and all contractors and sub -contractors who may furnish or agree to furnish any such material, service or labor. 17. Landlord's Lien and Security Interest. The Commission shall have in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code of Iowa, upon all personal property and all substitutions therefor, kept and used on said premises by Gordon. The Commission may proceed at law or in equity with any remedy provided by law or by this lease for the recovery of rent, or for termination of this lease because of Gordon's default in its performance. 18. Assignment and Subletting. Any assignment of this lease or any subletting of the Leased Premises, or any part thereof; without the written consent of the other is prohibited. Any assignment of this lease or subletting of the Leased Premises or any part thereof; without the Commission's written permission shall, at the option of the Commission, make the rental for the balance of the lease term due and payable at once. 19. Changes. None of the covenants, provisions, terms, or conditions of this lease to be kept or performed by either the Commission or Gordon shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by the parties. This lease contains the whole agreement of the parties. 20. Severab' " 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. 21. Rights Cumulative. The various rights, powers, option, elections. and remedies of either party, provided in this lease, shall be construed as cumulative and no one of them as exclusive of the others, or exclusive or any rights, remedies or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. 22. Indemnification. All claims of damages caused by Gordon's negligence arising under or by reason of the terms of this lease and relating to the Leased Premises as described in Paragraph One (1) of this lease, shall be the sole responsibility of Gordon, and Gordon agrees to defend against said claims. 23. 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. Gordon acknowledges and agrees that the rights granted to Gordon in this agreement would not be exercised so as to interfere with or adversely affect the use, operation, maintenance or development of the Airport. 24. Notices and Demands. Notices as provided for in this lease shall be given to the Commission by notifying the Airport Manager and by notifying Gordon 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 malting a demand or other communication, such notice shall be considered given under the terms of this lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 25. 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 Gordon. 26. Commission Improvements. The Commission reserves the right to further develop or improve the landing area and all publicly owned aviation facilities of the Airport as it sees fit, without interference or hindrance from Gordon. 27. FAA Provisions. For purposes of paragraphs (a) through (k) below, the Commission shall be referred to as the Lessor and Gordon 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 or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. n (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. (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 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 Lessor and the United States of America or any agency thereof relative to the operation, development, or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. IOWA CITY AIRPORT COMMISSION By: T4pA(�_ Richard Ma Chairper ATTEST: Se Approved City Attorney's Office STATE OF IOWA JOHNSON COUNTY On this SS: 7 r• � NOLAN . . �j / ATTEST: Secretary Commission's Acknowledgement day of 1 2001, before me, a Notary Public in and for the State of Iowa, personally appeared and to me personally known, who, being by me duly sworn, did say that they are the Chair and Secretary, respectively, of the Iowa City Airport Commission and that the instrument was signed and sealed on behalf of the Commission, by authority of Resolution No. passed adopted by the Commission, on the day of , 2001, and that and acknowledged the execution of the instrument to be their voluntary act and deed of the Commission, by it voluntarily executed. Notary Public in and for said County and State 9 Gordon's Acknowledgement STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this _ day of , 2001, before me, a Notary Public in and for the State of Iowa, personally appeared and to me personally known, who, being by me duly sworn, did say that they are the and the I respectively, of Gordon Aircraft, Inc., the corporation executing the within and foregoing instrument, that (no seal has been procured by) (the seal affixed thereto is the seal of) the corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to corporation, by it and by them voluntarily executed. su,Nairport%Gordondease.dx the voluntary act and deed of said Notary Public in and for the State of Iowa NOTICE Date: 31 July 2003 ATTENTION: T-hangar Tenants At the August 14, 2003 Commission meeting, the Airport Commission will be discussing the 2003-2004 t-hangar leases. This will include discussion on hangar rent. If you have changes to the lease that you would like the Commission to discuss, please contact me before the meeting or attend the meeting on August 14, 2003 at 5:45 p.m. at the Airport Terminal Building. You may also send me suggestions at: Ron O'Neil, 1801 South Riverside Drive, Iowa City, Iowa, 52246 or e-mail at ron-oneil@iowa-city.org MINUTES IOWA CITY AIRPORT COMMISSION TUESDAY APRIL 16, 2002 — 5:45 P.M. IOWA CITY AIRPORT TERMINAL MEMBERS PRESENT: Rick Mascari, Michelle Robnett, Mark Anderson, Alan Ellis, STAFF PRESENT: Sue Dulek, Ron O'Neil CALL TO ORDER: Vice -Chairperson Ellis called the meeting to order at 5:50 p.m. PUBLIC DISCUSSION — ITEMS NOT ON AGENDA: Dennis Gordon said he is making improvements to Building H and he would like to amend his lease to say that if he exercised the five year option on his lease, he would want any rent increase tied to the CPI or some other recognized index. Dulek said that would require an amendment to his lease. Ellis said this could be on the agenda for the May meeting. Gordon said the University's Synthetic Vision project was on schedule and the 737-800 simulator has been built and should be shipped to Iowa City soon. He thought they would spend the summer assembling the simulator and have it operational this fall. (Chairperson Anderson arrived at 6:03 p.m.) Tom Schnell, from the University of Iowa's Synthetic Vision project, said there is an opportunity to site two other simulators at the Airport. He said it is too early to submit a proposal to the Commission. He will keep the Commission informed as the project develops. ITEMS FOR DISCUSSION/ACTION: d. IOW Aero lease - Ron Duffe, from IOW Aero, said he would like to amend his lease on Building D. He said the termination date is May 31, 2004. He would like to have the lease extended to December 31, 2004. Duffe said that would give IOW a longer time to depreciate the improvements they made to the building. Ellis made a motion to amend the IOW Building D lease. Robnett seconded the motion and at roll call vote, the motion passed 4 - 0, with Ruyle being absent. b. Fuel site -100LL fuel pump and final approval - Dick Blum, from H. R. Green, said Double Check had promised him a new computer and card reader would be installed on Monday, April 8. When they didn't show up by Wednesday, he contacted Paul Sundby and was assured that the installation would be completed by no later than Wednesday, April 17, 2002. Mascari asked if there had been any more incidents of the pump not working? Duffe said it had only worked for a short time in the last three weeks. O'Neil said he would recommend having the Commission direct Dulek to send a letter to Double Check, terminating their contract and informing them that the problems would be Agenda protocol - Anderson said the issue here is what procedure does the Commission want to follow to place an item on the agenda or direct staff to do research on an issue. He asked what the Council's policy was in this regard? Ellis said he thought the Mayor or three Council members could have an item placed'on the agenda. Anderson said the Commission' policy could be two members or the Chairperson. Anderson asked about giving directions to staff? Ellis said he thought the same policy as with agenda items. ONeil said it doesn't matter to him what the Commission decides, he jw aeeded to know so that everything is consistent. Ellis said he wants to know specifically whether something he suggests is going to be acted on. ONeil suggested the Commission stay with what they have always informally done and that it is the Chairperson's agenda to set. Robnett moved to accept the policy. Ellis seconded the motion and it was passed 4 - 0, with Ruyle being absent. ONeil reminded the Commission that he places many of the items on the agenda for items that need action by the Commission. He does not place new items on the agenda unless directed by the Commission or they are general "housekeeping" issues. North T-hangars leases - Ellis said he is on the subcommittee for this issue and he would like to defer this agenda item until the next Commission meeting. Mascari said his aircraft insurance automatically covers the liability insurance required by the Commission. J. Building K - insurance claim- ONeil said Assistant City Attorney Andy Matthews provided the Commission with their options for trying to recover insurance money from the contractor to pay to reconstruct the building after it collapsed during construction. ONeil said that the item was on the agenda for the Commission if they wanted to pursue further action. Ellis said that upon Matthews's recommendation, he thought the Commission made the decision not to pursue the matter. ONeil said he spoke with Fain Herting, the City's Risk Manager, and she agreed with Matthews recommendation. Anderson made a suggestion that the Commission send the City Manager a memo, explaining that on advice of City staff, the matter would not be pursued. k. ARFF training - Ellis requested this be on the agenda Ellis said Jet Air would provide aircraft for the Fire Department to use for training for Aircraft Rescue and Fire Fighting training. He said it would be helpful for firefighters to be familiar with the kind of aircraft that Jet Air flies. It would be helpful to know things like where the battery is located and where the fuel shut off valves are. O'Neil said he would contact the Fire Department training officer and Jet Air's chief pilot and see when they would like to do some training. ONeil said he would see if the FAA Central Region's mobile ARFF unit would be available for training. ONeil suggested that the volunteer fire departments in Johnson County be contacted if the mobile trainer is scheduled for Iowa City. Robnett said that if the training is scheduled, the Commission should advertise with public service announcements. 1. Buildings A, B, & C - overdue rent - This item was deferred until the May meeting. 4 BY-LAWS IOWA CITY MUNICIPAL AIRPORT COMMISSION ARTICLE 1. MEETINGS — Section 1. Regular Meetings. Regular meetings of this Commission shall be held monthly. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson or shall be called by the Chairperson at the request of 3 members of the Commission. Section 3. Place of Meetings. Regular meetings shall be held in the Terminal Building at the Iowa City Municipal Airport or other appropriate meeting place should the Terminal Building not be available. Section 4. Notice of Meeting. Notice of the Airport Commission meetings shall be given in accordance with the Open Meetings Statute of the State of Iowa. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting, and the majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. A change in the by-laws shall require a majority vote of the full Commission. (See Article V., Section 1.) Section 6. Action. Once a matter is discussed and voted on by a quorum, the majority vote shall prevail. Section 7. Proxies. There shall be no vote by proxy. Section 8. Public Discussion. Time shall be made available during all regular meetings for public discussion. ARTICLE II. MEMBERSHIP — Section 1. Qualifications. The Airport Commission shall consist of five (5) voting members. Members shall be appointed by the Mayor and approved by the City Council. All members of the Commission shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. At the request of the Airport Commission, the Mayor, with approval of the City Council, may appoint a non -voting, advisory Commission member who resides outside the City boundaries. Section 2. Term. New members shall be appointed for a six -year term. The appointment shall be made during the month of February, with the Commissioner assuming office upon appointment. Section 3. Incomplete Tenn. In the event any member is unable to complete his/her appointed term, the vacancy shall be filled for the duration of the unexpired tens by the process described in Section 1. Section 4. Absences. Frequent unexplained absences of a Commission member may result in a recommendation to the Mayor from the Commission to discharge said member and appoint a new Commission member. Section 5. Orientation of New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the Code of Iowa, Airport Commission By -Laws, and other documents that could be useful to Commission members in carrying out their duties. They may also be given an orientation briefing by members of the City Council, the City Staff, the Airport Commission, and others as may be deemed appropriate. ARTICLE III. OFFICERS — Section 1. Number. The officers of this Commission shall be a Chairperson and Vice Chairperson, each of whom shall be elected members of the Commission. Section 2. Election and Tenn of Office. The officers of this Commission shall be elected annually at the March meeting in each year, if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson, when present, shall preside at all meetings of the Commission, appoint committees, call special meetings and in general, perform all duties incident to the office of the Chairperson and such other duties as may be prescribed by the members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson or in the event of his/her death or inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. The Vice -Chairperson or his/her designated representative shall be responsible for keeping the official minutes of the Commission, filing the minutes and official documents and shall certify the bills approved for payment by the Commission. The Vice -Chairperson shall be designated as the Commission Secretary. ARTICLE IV. CONDUCT OF COMMISSION AFFAIRS — Section 1. Agenda. The Chairperson, or his/her designated representative shall prepare an agenda for all regular and special Commission meetings. Agendas are to be sent to Commission members, at least three days prior to the regular meetings. In the event of a special meeting, a minimum of 24 hours notice shall be given. Section 2. Recording Secretary. A recording secretary, not to be a Commission member, shall be provided for at all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members and the City Council within 24 weeks of the meeting. Section 4. Policies and Programs. Periodically the Commission shall review the policies and programs of the City, County, and Regional Planning Commissions relating to the Municipal Airport and make such recommendations to these bodies as are deemed appropriate. Section 5. Referrals From Council. Periodically, letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate consideration of such items at the next regular meeting following receipt and shall notify the Council of the disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representatives are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the Municipal Airport are to be discussed or action taken. The Commission Chairperson is to receive Council agendas prior to each Council meeting and is to be otherwise notified of meetings involving Airport business. Section 7. Annual Report. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson or his/her designated representative, approved by the Commission, and submitted to the City Council. U.S. Department of Transportation Federal Aviation Administration Subject: L uli 19 2003 II �J Memorandum FAA 2525 Wright Bros. Blvd W Cedar Rapids, IA 52404 Temporary Control Tower Da1e June 11, 2003 From: Air Traffic Manager, Cedar Rapids ATCT Reply to N Cain: Attn. of: 319-364-2344 FAX: 319-362-7438 To: All Airport Managers Please find enclosed the Letter to Airmen for the temporary Air Traffic Control Tower at Iowa City, Iowa. The Iowa City airport will be having their annual Fly -in on August 24, 2003. Airport managers of public -use airports, please distribute the Letter to Airmen to other tenants at your airport, or display it at locations frequented by pilots. Private airport owners, the Letter to Airmen is to advise you of the temporary control tower at the Iowa City airport. Please use caution if transiting through the area. The Letter to Airmen will also be available from the Des Moines FSDO web site at: http://www.faa.gov/fsdo/dsmfsdo Norman Cain I DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT TRAFFIC CONTROL TOWER 2525 WRIGHT BROTHERS BOULEVARD W CEDAR RAPIDS, IOWA 52404 ISSUED: June 15, 2003 EFFECTIVE: August 24, 2003 CEDAR RAPIDS TOWER LETTER TO AIRMEN NO.03-003 SUBJECT: TEMPORARY AIRPORT TRAFFIC CONTROL TOWER CANCELLATION: August 25, 2003 Iowa City Airport (IOW), located 17 miles south of the Cedar Rapids Airport, will be the site of the annual IOW fly -in breakfast, air show, and other day -long activities. Temnorary Control Tower. The Federal Aviation Administration will operate a control tower at the Iowa City, Iowa Airport. Tower Name........ Iowa City Tower Location .............. Iowa City Airport (Grassy area west of terminal ) Date ..................... August 24, 2003 Hours ........................ 7:OOa.m. to 2:O0p.m. Operating Frequency ..... 120.2 Separation. A waiver has been issued reducing same runway separation between arriving and departing Categories I and II aircraft. (Primarily Single Engine and Light Twin Engine) ARRIVAL PROCEDURES 1. VFR aircraft remaining outside the Cedar Rapids Approach Control Class C Airspace and not in contact with approach control, contact "Iowa City Tower" on 120.2 MHz, 5 (five) miles from Iowa City Airport. 2. VFR aircraft in contact with Cedar Rapids Approach will be advised when to contact "Iowa City Tower". 3. Non -radio Aircraft. a. Remain clear of the Cedar Rapids Approach Class C Airspace. b. Detemrine the direction of landing, circle the airport to the left, pick out an aircraft on downwind leg, and follow that aircraft. c. Watch the temporary tower (vehicle on grass west of terminal) for appropriate light - gun signals. Landing aircraft will receive their light -gun signal while on downwind. If no signal to land is received, execute a right 360 and re-enter the downwind. Use extreme caution at all times. d. After landing, follow directions to parking. Clear the runway promptly. IFR ARRIVALS 1. If VFR flight is not practical, expect vectors to the instrument approach in use. 2. Weather permitting, IFR aircraft will be vectored to VFR conditions. DEPARTUREPROCEDURES 1. Before taxiing, call "Iowa City Tower" on 120.2 MHz for departure information. If Tower is busy, monitor the frequency for departure information, then taxi. 2. During busy departure periods, call "Iowa City Tower" when you ate number one for takeoff. 3. Non -radio aircraft check with the control tower before taxiing or follow the flow. 4. Non -radio aircraft must abide by non -radio procedures and must receive a green light -gun signal from the Tower for takeoff clearance. 5. Remain clear of the CID Class C Airspace. If Class C service is needed, contact Cedar Rapids Departure Control on 119.7 ivIHz after departure. IFR DEPARTURES 1. File at least one hour before departure. (no airfiles) 2. Depart VFR. 3. After clearing the traffic pattern, establish communications with Cedar Rapids Departure on 119.7 for IFR clearance. 4. If VFR flight is not practical, contact the Cedar Rapids Clearance Delivery on 119.05 for clearance and further instructions. _ / O� Norman Cain Manager, Cedar Rapids Tower Ron O'Neil From: Deb Mansfield Sent: Wednesday, July 23, 200311:22 AM To: 'All Department Heads; •AII Division Heads; *All Division Secretaries Cc: Erin Harting; Kevin O'Malley; Leigh Lewis Subject: Unemployment Expense - now being charged to departments Beginning in FY04 the cost for unemployment will be charged to the department where the qualifying individual last worked. The expense# is 64409. This expense has been charged to the employee benefits fund in the past However there are two reasons to show these costs within the individual departments: 1. Not all departments qualify to use the employee benefits fund 2. Charging this expense to the department more accurately reflects personnel costs. This cost will be highest for those that have significant temporary employee budgets. I will establish FY04 department budgets based on the totals for FY03 at the time we process carryover budget amendments. This will not be a use of General Fund Contingency since costs in the general fund will be funded from the employee benefits levy transfer. Karen Jennings in Personnel reviews and pays the unemployment bill, so if you have questions on a specific charge please contact her. Contact me if you have any questions on what this means to your budget Thanks. City of Iowa City M E NO RA W D U ivi Date: July 16, 2003 To: Department Directors From: City Manager Re: Procurement Requirements As you are aware, the reduction in State aid to local governments has had a major impact on the City's General Fund budget. Therefore, when purchasing commodities and services for the City's daily operations it is necessary that all employees conscientiously look for the best prices and secure savings wherever possible. As a reminder, the role of the City's Central Services Division is to assist with your purchasing requirements. The Central Services Division is also responsible to ensure the commodities and services are purchased at a competitive and fair price by following the policies and procedures outlined in the City's Purchasing Manual. In a time of budget constraints, I encourage all departments and divisions to take advantage of the services offered by the Central Services Division. If you have any questions regarding the City's purchasing policies and procedures, or if you need assistance with your purchasing requirements, please contact Mary Niichel of the Central Services Division. I will be asking for periodic review of our various commodities and services to determine historic patterns in our purchases. cc: Mary Niichel MWMWWMoaWWOMda American Airports Corporation July 3, 2003 Rober(A CEfjord Executive rwe President Mr. Stephen J. Atkins City Manager City of Iowa City 410 East Washington Street Iowa City, IA 52240 RE: Airport Management, Operations, and Development Services Dear Mr. Atkins: I have read recent articles regarding the increase in the City s financial responsibility for Iowa City Municipal Airport. I am the Executive Vice President of American Airports Corporation (" AAC" ), a company specializing in General Aviation airport management, operations (including security and safety), marketing, business and land development services; and aviation property ownership and management in the United States. Our mission is to provide quality service to the airport owners and airport tenants, promote aviation, establish a superior community outreach program, and enhance the asset value of the airport and/or aviation facility. We focus on assisting airport owners in turning their airports into a highly profitable facility, with a primary focus on undenrtilized assets. AAC will invest money in and/or provide for the financing, development, leasing and management of new terminals, hangars, FBOs, storage facilities and other aviation -related facilities. Furthermore, AAC can assist in creating a business plan and developing non -aviation -related opportunities at airports. Several examples are: recreational development (e.g., golf courses and sports parks); commercial development (e.g., office buildings and industrial parks); and other revenue -generating developments. AAC is one of the largest operators of airports and aviation facilities on general aviation airports in the country. We operate on nine airports with over 1,650 tenants, four separate government agencies, and 125+ employees. Our senior management has over 100 years of aviation management experience in everything from airport property development, rates and fees, real estate marketing and negotiations, to business development, Part 139 studies, and operations. I am writing to let you know that AAC has taken a keen interest in Iowa City Municipal Airport. I believe that your airport possesses unique opportunities for development and growth. The types of contracts that we provide to other public airport owners range from a straight management contract to a long-term lease of the airport, with participation in the revenues by the public agency. This could also include guaranteeing any operating deficits. If appropriate, I would enjoy the opportunity to explain our company and services in greater detail. I would like to thank you, in advance, for your consideration. We are always interested in seeking new opportunities to grow AAC. We would also appreciate being included on any lists for all RFPs relating to FBO operations or development, aviation property leasing or development, and property management. Should you be interested now or in the future in any airport investment, management or development opportunities for Iowa City Municipal Airport, please do not hesitate to contact me. I can be reached at (310) 752-0540 or at rclifford@americanairports net. Very roily yours, AMERICAN AIRPORTS CORPORATION Robert A Clifford Executive Vice President RAC:pa 2425 Olympic Blvd, Suite 650E + Santa Monica, CA 90404 (310) 752-0540 + rclifford@americanairports.net + FAX (310) 752-0570 Ron O'Neil From: h.kisor@comcastnet Sent: Saturday, August 02, 2003 6:36 AM To: Ron O'Neil Subject: RE: 2005 meeting Ron: The Deaf Pilots Association voted for Plymouth, Mass., for the 2005 fly -in. The insurance requirement at Iowa City was a deal -breaker, I'm afraid. One pilot characterized it as "the city charging a fee for us to come spend money." I will take up the matter with Erin Herting to see if a waiver or compromise can be arranged for 2006. The DPA was highly interested in the airport itself and in Jay Honeck's motel and asked me to continue efforts for a fly -in in Iowa City for 2006. Thanks for your help. Henry > Let me send you right to the source for the insurance requirements. The > person that manages the City's insurance is the Assistant Finance Director. > Her e-mail is erin-herting@iowa-city.org I think she will be able to give > you the information you need as it relates to insurance requirements. > Please let me know what your group decides to do. > -----Original Message----- • From: h.kisor@comcast.net [mailto:h.kisor@comcast.net] > Sent: Tuesday, July 15, 2003 6:40 PM > To: Ron O'Neil > Subject: Re: 2005 meeting > As a group we do not have insurance. As pilots and aircraft owners we have > individual insurance > policies. Those who are renters also have renters' policies. > It is my understanding that Iowa City wants us to have group insurance. We > have none because it > has never been necessary. No other city has brought up the subject, but Iowa > City did in the > application I filled out for you tentatively. > Will Iowa City be willing to waive the requirement that we have group > insurance and that we > indemnify it against all liability? > > It is my understanding that your group had some concern about insurance > > requirements. Does your group have liability insurance? I spoke with the > > person that manages the City's insurance and she said that you just need > to > > send a copy of your Certificate of Insurance. It is a one page document > > that your insurance carrier should be able to provide. We would like to > > host your group and think Iowa City has a lot to offer. 1 4 Iowa Department of Transportation Office of Aviation 515-239-1659 800 Lincoln Way, Ames, I.A. 50010 Fax: 515-233-7983 niichelle.mcenany@dot.state.ia.us www.iawin sg corn July 28, 2003 IOWA CITY MUNICIPAL AIRPORT Ron O'Neil 1801 S. Riverside IOWA CITY, IA 52246 Dear Ron: The Iowa Dept of Transportation's Office of Aviation is teaming with The Transportation Security Administration's (TSA) Moline operation to establish working relationships with general aviation airport managers and pilots to ensure that Iowa's general aviation community does not become a target of unwanted activities — terrorist in nature or otherwise! Security guidelines for general aviation are being discussed at the national level and will probably be finalized by the end of the year. The general aviation industry should look at these guidelines and suggestions as opportunities to secure their investments. We will be meeting with general aviation managers, city officials, fixed -base operators and pilots to discuss the role of TSA, the Iowa DOT, and the local airports in security issues. Eight meetings will be scheduled during September in Eastern Iowa for information sharing between TSA, the Iowa DOT, and local airports. TSA and Iowa DOT staff will also conduct site visits of general aviation airports in Eastern Iowa. TSA representatives Deputy Federal Security Director Robert Boleyn and the stakeholder manager Walter Charles, who both work for TSA Moline Operations will be joined by Office of Aviation staff during the visits and meetings. Bob Dickens, AOPA Midwest Regional Representative, will also join us for many of the visits. A schedule of eastern Iowa meetings and site visits will be sent to you during August. We encourage you to inform pilots, tenants, and city officials of these meetings. TSA has requested information from you regarding the emergency contact person at your airport. Please cooperate by providing this information. We are working with TSA to ensure that they have current emergency contact information. We look forward to visiting your airport and meeting with you and others interested in general aviation security. The meetings will provide valuable information on how to provide appropriate security at your airport, as well as information pilots should know as they travel to other airports. We truly see this as an opportunity for the Iowa DOT and local airports to take an active role in security discussions and decisions. Sincere Michelle McEnany Director, Office of Aviation CAIowa Department of Transportation Office of Aviation 515-239-1659 O 800 Lincoln Way, Ames, IA 50010 Fax: 515-233-7983 niichelle.mcenanv@dot.state.ia.us July 10, 2003 Ron ONeil Iowa City Municipal Airport 1801 S. Riverside Iowa City, IA 52246 Dear Ron: I am sure that many of you have been asked these questions: "How many aircraft actually use your airport?" "When people fly in, what are they in town for?" "Why do we even need an airport?" In order to gain a better understanding of how pilots use Iowa's aviation system, the Office of Aviation is creating a "Pilot's Logbook." The intent of the logbook is to gain important information about the usage of Iowa airports. It is our intent that pilots fill out the simple form each time they visit an Iowa airport. Our office will compile the information and make it available on an annual basis to airport operators, community leaders, and office personnel in order to make more informed decisions and to gain a better understanding of types of aviation activity levels at our airports. It is our office's intent to provide the pilot logbooks to all airports in the state that have facilities. Your support is crucial to the success of this initiative. Through these logbook entries, the Office of Aviation hopes to better understand and address the needs of pilots and airports. The logbook materials will start arriving at your airport during the month of September. Our office will produce logbook sheets, a poster and a survey box for use at all airport facilities around the state. All you have to do is place these materials in a public area and promote the use of these logsheets. The Office of Aviation will then pick up the materials or provide envelopes to mail the information back to our office. Next month, a letter describing our office's initiative will be sent to all registered pilots in the state of Iowa. It will fully explain the purpose of this logbook, and act as a request for participation from the flying community. Through your support of this initiative and the pilot's participation in the process, we hope to improve Iowa's aviation system. It takes all of us working together to make Iowa a safer and better place to fly. If you have any questions or concerns with this initiative, please feel free to contact me at 515-239-1659 or michelle.mceneny@state.ia.dot.us. Sincerely, Michelle McEnany, Director Office of Aviation [4910-131 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2003-15074; Airspace Docket No. 03-ACE421 Modification of Class E Airspace; Cedar Rapids, IA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; confirmation of effective date. SUMMARY: This document confirms the effective date of the direct final rule which revises Class E airspace at Cedar Rapids, IA. EFFECTIVE DATE: 0901 UTC, September 4, 2003. FOR FURTHER INFORMATION CONTACT: Kathy Randolph, Air Traffic Division, Airspace Branch, ACE-520C DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: (816) 329- 2525. SUPPLEMENTARY INFORMATION: The FAA published this direct final rule with a request for comments in the Federal e i ter on May 9, 2003 (68 FR 24868). The FAA uses the direct final rulemaking procedure for a non -controversial rule where the FAA believes that there will be no adverse public comment. This direct final rule advised the public that no adverse comments were anticipated, and that unless a written adverse comment, or a written notice of intent to submit such an adverse comment, were received within the comment period, the regulation would become effective on September 4, 2003. No adverse