HomeMy WebLinkAbout2012 Airport Commission Resolutions RESOLUTIONS -- 2012
RES. NO. SUBJECT DATE
Al2-01 RESOLUTION APPROVING PLANS, SPECIFICATIONS, 1/19/12
FORM OF CONTRACT, AND ESTIMATE ON COST FOR
"HANGAR L PHASE 1" CONSTRUCTION PROJECT AT
THE IOWA CITY MUNICIPAL AIRPORT
Al2-02 RESOLUTION APPROVING PLANS, SPECIFICATIONS, 1/19/12
FORM OF CONTRACT, AND ESTIMATE ON COST FOR
"TERMINAL BUILDING EXTERIOR ENVELOPE REPAIRS"
CONSTRUCTION PROJECT AT THE IOWA CITY
MUNICIPAL AIRPORT
Al2-03 RESOLUTION APPROVING AMENDMENT TO ACCESS 2/16/12
WAY LEASE WITH MERSCHMANN SEEDS, INC. AND
REGENNITTER FARMS, INC.
Al2-04 RESOLUTION APPROVING COMMERICAL OPERATING 2/16/12
AGREEMENT WITH CARE AMBULANCE
Al2-05 RESOLUTION AWARDING CONTRACT AND 2/16/12
AUTHORIZING THE CHAIRPERSON TO SIGN AND THE
SECRETARY TO ATTEST A CONTRACT FOR TERMINAL
BUILDING BRICK EXTERIOR REPAIRS
Al2-06 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 2/16/12
SIGN AND THE SECRETARY TO ATTEST A CONTRCT
AMENDMENT FOR CONSULTING SERVICES FOR THE
TERMINAL BUILDING EXTERIOR REPAIRS
Al2-07 VOID
Al2-08 VOID
Al2-09 RESOLUTION APPROVING SECOND AMENtEfO 3/15112
THE LEASE AGREEMENT WITH JET AIR, INC. TO
EXCHANGE LEASED OFFICE SPACE IN THE TERMINAL
BUILDING
Al2-10 RESOLUTION AWARDING CONTRACT AND 4/5/12
AUTHORIZING THE CHAIRPERSON TO SIGN AND THE
SECRETARY TO ATTEST A CONTRACT FOR THE
CONSTRUCTION OF HANGAR I PHASE I
Al2-11 RESOLUTION SETTING PUBLIC HEARING FOR LEASE 4/5/12
FOR HANGAR #7 AND LEASE FOR HANGAR #72 IN
HANGAR L
Al2-12 RESOLUTION AWARDING CONTRACT FOR 4/19/12
ENGINEERING SERVICES FOR CONSTRUCTION
PHASES OF CORPORATE HANGAR "L"
Al2-13 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 4/19/12
SIGN AND THE SECRETARY TO ATTEST TO A HANGAR
LEASE WITH WINGNUTS, LLC FOR HANGAR 71 IN
HANGAR L
2012 Resolutions
Page 2
RES. NO. SUBJECT DATE
Al2-14 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 4/19/12
SIGN AND THE SECRETARY TO ATTEST TOA HANGAR
LEASE WITH JET AIR, INC. FOR HANGAR 72 IN
HANGAR L
Al2-15 RESOLUTION SETTING A PUBLIC HEARING FOR 4/19/12
GROUND LEASE WITH JET AIR, INC.
Al2-16 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 4/19/12
SIGN AND THE SECRETARY TO ATTEST A CONTRACT
FOR AIRPORT MAINTENANCE, SNOW REMOVAL, AND
GROUNDSKEEPING SERVICES
Al2-17 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 4/19/12
SIGN AND THE SECRETARY TO ATTEST A CONTRACT
FOR AIRPORT JANITORIAL SERVICES
Al2-18 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 5/17/12
21, 2012 FOR THE PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE ON COST FOR THE
CONSTRUCTION OF `RUNWAY 7/25, PARALLEL
TAXIWAY PAVING AND LIGHTING" PROJECT, AND
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CHAIRPERSON TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION
Al2-19 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 5/17/12
EXECUTE AND THE SECRETARY TO ATTEST TO A
LAND LEASE BETWEEN THE AIRPORT COMMISSION
OF THE CITY OF IOWA CITY, IOWA, AND JET AIR, INC.
Al2-20 RESOLUTION ACCEPTING THE WORK FOR THE 6/21/12
"TERMINAL BUILDING BRICK REHABILITATION"
Al2-21 RESOLUTION APPROVING PLANS, SPECIFICATIONS, 6/21/12
FORM OF CONTRACT, AND ESTIMATE ON COST FOR
"RUNWAY 7/25 PARALLEL TAXIWAY PAVING AND
LIGHTING: CONSTRUCTION PROJECT AT THE IOWA
CITY MUNICIPAL AIRPORT
Al2-22 RESOLUTION AWARDING CONTRACT AND 6/21/12
AUTHORIZING THE CHAIRPERSON TO SIGN AND THE
SECRETARY TO ATTEST A CONTRACT FOR THE
CONSTRUCTION OF AIRFIELD ELECTRICAL
IMPROVEMENTS
Al2-23 RESOLUTION AWARDING CONTRACT AND 7/19/12
AUTHORIZING THE CHAIRPERSON TO SIGN AND THE
SECRETARY TO ATTEST A CONTRACT FOR RUNWAY
7/25 PARALLEL TAXIWAY PAVING AND LIGHTING
Al2-24 RESOLUTION AUTHORIZING CHAIRPERSON TO 7/19/12
ACCEPT FEDERAL AVIATION GRANT FOR RUNWAY
7/25 PARALLEL TAXIWAY PAVING AND LIGHTING
CONSTRUCTION
2012 Resolutions
Page 3
RES. NO. SUBJECT DATE
Al2-25 RESOLUTION APPROVING TASK ORDER NO. 10 WITH 7/19/12
AECOM FOR CONSTRUCTION RELATED SERVICES
RELATING TO THE RUNWAY 7-25 PARALLEL TAXIWAY
PAVING AND LIGHTING
A-12-26 RESOLUTION ACCEPTING IOWA DEPARTMENT OF 7/19/12
TRANSPORTATION GRANT 911301OW300 FOR
TERMINAL AND BUILDING D ROOF REHABILITATION
A-12-27 RESOLUTION ACCEPTING IOWA DEPARTMENT OF 7/19/12
TRANSPORTATION GRANT 911301OW100 FOR
TAXIWAY AND UTILITY INSTALLATION
Al2-28 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 7/19/12
SIGN AND THE SECRETARY TO ATTEST A CONTRACT
WITH MIDAMERICAN ENERGY, INC. FOR ELECTRICAL
TRANSFORMER INSTALLATION
Al2-29 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 7/19/12
SIGN AND THE SECRETARY TO ATTEST A CONTRACT
WITH MIDAMERICAN ENERGY INC. FOR GAS MAIN
INSTALLATION
Al2-30 RESOLUTION AWARDING CONTRACT FOR 7/19/12
ENGINEERING SERVICES FOR CONSTRUCTION
PHASES OF TAXIWAY AND UTILITY CONSTRUCTION
RELATED TO HANGAR L
Al2-31 RESOLUTION AWARDING CONTRACT AND 8/16/12
AUTHORIZING THE CHAIRPERSON TO SIGN AND THE
SECRETARY TO ATTEST A CONTRACT FOR HANGAR
M TAXIWAY IMPROVEMENTS
Al2-32 RESOLUTION ADOPTING PURCHASE MANUAL 8/16/12
Al2-33 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 9/20/12
EXECUTE AND THE SECRETARY TO ATTEST TO A
CORPORATE HANGAR LEASE BETWEEN THE
AIRPORT COMMISSION OF THE CITY OF IOWA CITY,
IOWA, AND DON GURNETT
Al2-34 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 11/15/12
SIGN A LISTING AGREEMENT WITH LEPIC-KROEGER
REALTORS TO SELL AND LEASE PROPERTY IN THE
AVIATION COMMERCE PARK
Al2-35 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 11/15/12
SIGN AN AMENDMENT TO HANGAR 71 LEASE
Al2-36 RESOLUTION ACCEPTING THE WORK FOR THE 12/27/12
RUNWAY 7/25 PARALLEL TAXIWAY GRADING &
DRAINAGE
Al2-37 RESOLUTION ACCEPTING THE WORK FOR THE 12/27/12
"HANGAR M TAXIWAY IMPROVEMENTS"
Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045
RESOLUTION NO. /I/2-O/
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE ON COST FOR "HANGAR L PHASE 1" CONSTRUCTION PROJECT AT THE
IOWA CITY MUNICIPAL AIRPORT
WHEREAS,notice of public hearing on the plans specifications, form of contract and estimate of cost for
the above-named project was published as required by law,and the hearing thereon held.
NOW, THEREFORE,BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT:
1. The plans,specifications,form of contract and estimate of cost for the above-named project
are hereby approved
2. The amount of bid security to accompany each bid for the construction of the above-named
project shall be in the amount of 10%(ten percent)of bid payable to the Iowa City Airport
Commission
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once weekly
and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City,Iowa at the
Office of the City Clerk,at the City Hall,before 2:00 pm on March 6,2012,or at a later date
and/or time as determined by the Commission Chairperson or their designee,and thereupon
referred to the Airport Commission,for action upon said bids at its next meeting,to be held at
the Iowa City Airport Terminal Building, 1801 S.Riverside Drive,Iowa City,Iowa at
6:00pm on the 15th day of March 2012, or at a later date and/or time as determined by the
Commission Chairperson or designee,with notice of said later date and/or time to be
published as required by law, or if said meeting is cancelled, at the next meeting of the
•
Airport Commission thereafter as posted by the City Clerk.
c
Passed and approved this ` day of-act 2012.
Approved B :
�.. Pp Y
CHAIRPERSO►
ATTEST: 4v-
A.
A.('-lip SECRETARY City Attorney's Office
It was moved by 4a'— and seconded by PO Stec.- the Resolution be
adopted, and upon roll call there were:
Ayes Nays Absent
Assouline
Crane
Gardinier
Horan
Mascari
Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045
RESOLUTION NO. P/„7 --,0,2...
RESOLUTION
Q/,2 —, 2-
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE ON COST FOR "TERMINAL BUILDING EXTERIOR ENVELOPE REPAIRS"
CONSTRUCTION PROJECT AT THE IOWA CITY MUNICIPAL AIRPORT
WHEREAS,notice of public hearing on the plans specifications,form of contract and estimate of cost for
the above-named project was published as required by law,and the hearing thereon held.
NOW,THEREFORE,BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT:
1. The plans, specifications,form of contract and estimate of cost for the above-named project
are hereby approved
2. The amount of bid security to accompany each bid for the construction of the above-named
project shall be in the amount of 10%(ten percent)of bid payable to the Iowa City Airport
Commission
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once weekly
and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City,Iowa at the
Office of the City Clerk, at the City Hall,before 2:00pm on the 9th day of February,2012,or
at a later date and/or time as determined by the Commission Chairperson or their designee,
and thereupon referred to the Airport Commission,for action upon said bids at its next
meeting,to be held at the Iowa City Airport Terminal Building, 1801 S. Riverside Drive,
Iowa City,Iowa at 6:00pm on the 16th day of February 2012,or at a later date and/or time as
determined by the Commission Chairperson or designee,with notice of said later date and/or
time to be published as required by law, or if said meeting is cancelled, at the next meeting of
the Airport Commission thereafter as posted by the City Clerk.
11
Passed and approved this l ci °q day of h 2012.
J/ Approved By:
CHAIRPERSON—7
ATTEST: -48. 01Z � aL
Foil(, SECRETARY City Attorney's Office
It was moved by and seconded by 479 the Resolution be
adopted, and upon roll call there were:
Ayes Nays Absent
Assouline
Crane
Gardinier
Horan
Mascari
•
Marian Karr
From: Marian Karr
Sent: Friday, January 20, 2012 12:58 PM
To: Laura(flowerladee65@yahoo.com)
Subject: FW:Airport agenda notes
Attachments: Agenda 1-19-12 notes.doc
Resolution numbers for 4b Al2-01 and 4c Al2-02.
4c should show RM/HH 3-0.
From: Sue Dulek
Sent: Friday, January 20, 2012 8:18 AM
To: Marian Karr
Cc: Michael Tharp
Subject: agenda notes
Susan Dulek
Assistant City Attorney
410 East Washington Street
Iowa City, IA 52240
319-356-5030
319-356-5008 Fax
sue-dulek@a,iowa-city.org
Notice:
Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the intemet,the City Attorney's
Office cannot assure that such messages are secure.You should be careful in transmitting information to the City Attorney's Office that you consider
confidential.If you are uncomfortable with such risks,you may decide not to use e-mail to communicate with the City Attorney's Office.Without
written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication,the City Attorney's Office will
assume you assent to such communication.This message is covered by the Electronic Communication Privacy Act, 18 U.S.C.Sections 2510-2515,is
intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney-client
privilege.It should not be forwarded to anyone else without consultation with the originating attorney.If you received this message and are not the
addressee,you have received this message in error.Please notify the person sending the message and destroy your copy. Thank you.
1
IOWA CITY AIRPORT COMMISSION
MEETING AGENDA - REVISED
AIRPORT TERMINAL BUILDING
1801 S. RIVERSIDE DRIVE
IOWA CITY, IOWA
THURSDAY, JANUARY 19, 2012 — 6:00 P.M.
Members Present: Howard Horan, Rick Mascari, Minnetta Gardinier
Members Absent: Jose Assouline
Staff Present: Sue Dulek, Michael Tharp
Others Present: Matt Wolford, Daryl Smith, Eric Scott
1. Determine Quorum 1 min*
2. Approval of Minutes from the following meetings: 5 min
December 15, 2011 RM/HH 3-0
3. Public Discussion - Items not on the agenda 5 min
4. Items for Discussion /Action:
a. Airport Commerce Park 5 min
b. Hangar L 15 min
i. Public Hearing
.&( ii. Consider a resolution approving the plans and specifications for Phase 1
1 construction project. HH/RM 3-0
c. Terminal Building Brick Repair 15 min
i. Public Hearing
rQ ii. Consider a resolution approving the plans and specification for the
I Terminal Brick Rehabilitation project
d. FAA/IDOT Projects: AECOM / David Hughes 5 min
i. Obstruction Mitigation
ii. 7/25 Parallel Taxiway
e. Care Ambulance 10 min
i. Consider a resolution approving Commercial Business Agreement with
Care Ambulance deferred to 2/16/12 meeting
f. Airport "Operations" 15 min
i. Strategic Plan-Implementation
ii. Budget
iii. Management
1. FY2011 Annual Report
2. Airport Operations Specialist Position
a. Evaluation
g. FBO/ Flight Training Reports 5 min
i. Jet Air/Air Care
ii. Iowa Flight Training
h. Subcommittee Report 2 min
i. Subcommittee Assignments
ii. For January— Infrastructure (Horan, Mascari, Tharp)
iii. For February— Budget (Chair, Secretary, Tharp)
i. Commission Members' Reports 2 min
j. Staff Report 2 min
•
• 5. Set next regular meeting for February 16, 2012 at 6:00 p.m.
6. Adjourn
*The times listed in the agenda are the anticipated duration of that particular agenda item. The
actual discussion may take more or less time than anticipated
Prepared by: Susan Dulek,Assistant City Attorney,410 E. Washington St., Iowa City, IA 52240-319-356-5030
RESOLUTION NO. i}/ -O.�
RESOLUTION APPROVING AMENDMENT TO ACCESS WAY LEASE WITH
MERSCHMAN SEEDS, INC. AND REGENNITTER FARMS, INC.
WHEREAS, the City, Commission, Regennitter Farms, Inc., and Merschman Seeds, Inc.
have previously entered into an agreement in which the Commission and the City of Iowa City
leased the access way to Merschman Seeds, Inc. from Mormon Trek Blvd.; and
WHEREAS, said agreement will expire on February 28, 2012 and Regennitter Farms,
Inc. and Merschman Seeds, Inc. request a one-year extension.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT:
The Chairperson is hereby authorized to sign and the Secretary to attest to the attached Second
Lease Amendment.
Passed and approved this 1 {-� day of Ct ‘01r cin' , 2012.
CHAIRPERSON
Approved by
ATTES ,4/ (01,
SECRETARY City Attorney's Office
It was moved by 14-D and seconded by ('p6 4,V.,-e.1---- the Resolution be
adopted, and upon roll call there were:
AYES NAYS: ABSENT:
Assouline
Gardinier
Moran
Mascari
Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr. Iowa City,IA 52246(319)350 5045
RESOLUTION NO. hP/OV—a/
RESOLUTION APPROVING COMMERCIAL OPERATING AGREEMENT WITH
CARE AMBULANCE.
WHEREAS, Care Ambulance desires to operate an ambulatory services company at the Iowa
City Municipal Airport;
WHEREAS,Care Ambulance provides staffing to Jet Air, Inc. for Air Medical operations;and
WHEREAS,the Commission finds the proposed agreement to be proper and in the best interest
of the Iowa City Municipal Airport; and,
NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE
CITY OF IOWA CITY:
1. That the proposed commercial business agreement is hereby approved.
2. That the Chairperson is directed and authorized to execute and the Secretary to attest to
the agreement. f,�
Passed and approved this I k day of 9C J r Cut) 2012.
-
•
Approved By:
HAIRPERSO
ATTEST....:--
SECRETARY
TTEST•iSECRETARY City Attorney's Office
It was moved by and seconded by TSS 0 � ` the
Resolution be adopted, and upon roll call there were:
Ayes Nays Absent
Assouline
Gardinier
• Horan
Mascari
Page 1 of 10
COMMERCIAL BUSINESS AGREEMENT
This COMMERICAL BUSINESS AGREEMENT ("Agreement") is entered into by and
between the Iowa City Airport Commission("Commission")and Care Ambulance ("Care
Ambulance") in Iowa City, IA. In consideration of the mutual covenants contained
herein, and for other good and valuable consideration, the parties hereby agree as
follows:
1. Use of Leased Space
The Commission authorizes the sublease of office space in Building"D"("Leased
Space"). The Leased Space shall be used and occupied by Care Ambulance
principally for office space and parking in conjunction with an ambulatory
services business.
2. Term
The term of this agreement shall commence on February 1,2012 and shall end on
the last day of the month of January, 2013. In the event Care Ambulance shall
continue to occupy the Lcascd Space beyond thy toan of this Agreement without
executing an Agreement for another term, such holding over shall not constitute a
renewal of this Agreement but shall be on a month-to-month basis only.
3. Fee
For operation of a commercial business on airport grounds, Care Ambulance shall
pay the Commission the amount of $100 per month due on the first day of the
month beginning February 1, 2012. A 1.5% late fee ($1.50 per day) for payments
not received by the Commission will be charged after the fifteenth (15 ) day of
each month.
4. Use of the Agreement Space
a The Leased Space shall be used primarily for the ambulatory services
business.
b. No other commercial activity other than ambulatory services business
shall be conducted by Care Ambulance in, from, or around the Leased
Space unless approved by Commission.
c. Care Ambulance shall take steps to ensure that the performance of any
approved activity shall not damage the Leased Space or the Airport.
d. Care Ambulance shall be responsible and liable for the conduct of its
employees and invitees, and of those doing business with it, in and around
the Leased Space. Care Ambulance shall keep the Leased Space clean and
free of debris at all times.
e. In utilizing the Leased Space during the term of this Agreement, Care
Ambulance shall comply with all applicable ordinances, rules, and
regulations established by federal, state or local government agencies.
f. On the termination of this Agreement, by expiration or otherwise, Care
Ambulance shall immediately surrender possession of the Leased Space
Page 2 of 10
and shall remove, at its sole expense, the vehicles and all other property
therefrom, leaving the Leased Space in the same condition as when
received, ordinary wear and tear excepted.
g. Care Ambulance shall be liable for any and all damage to the Leased
Space caused by its use, including, but not limited to, bent or broken
interior walls, and doors due to Care Ambulance's improper or negligent
operation.
h. Care Ambulance agrees, at its own expense, to pay for the monthly costs
of all utilities for the Leased Space. Care Ambulance is responsible for its
own refuse disposal.
5. Iowa Smokefree Air Act
Smoking is prohibited throughout the Airport, including the Leased Space.
6. Rights and Obligations of Care Ambulance
a. Care Ambulance shall have at all times the right of ingress to and egress
from the Leased Space, except as provided in Paragraph 12. To ensure
this right, the Commission shall make all reasonable efforts to keep
adjacent areas to the Leased Space free and clear of all hazards and
obstructions, natural or manmade.
b. Care Ambulance shall be responsible to maintain the interior of the Leased
Space, to include, but not limited to janitorial services, maintaining all
interior lights, cleaning of stoppages in plumbing fixtures and drain lines,
cleaning of snow along the walkways and within 2 feet of the leased
space, disposing of any debris or waste materials, and maintaining any
Care Ambulance constructed structures and equipment. The Commission
shall be the sole judge of the due maintenance undertaken by Care
Ambulance, 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 Care Ambulance shall reimburse the
Commission for the cost of such maintenance upon presentation of a
billing.
c. Care Ambulance shall provide and maintain a hand fire extinguisher for
the interior of the Leased Space of the building in accordance with
applicable safety codes. Extinguisher must be mounted and be rated at
least 2A:40BC as further defined by NFPA 10: Standard for Portable Fire
Extinguishers
d. Care Ambulance shall not store any materials outside the Leased Space,
with the exception of the ambulatory vehicles as required for operation.
e. Care Ambulance shall promptly notify the Commission, in writing, of any
repairs needed on or to the Leased 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
Page 3 of 10
given by Authority to the United States Government under the Federal
Airport Act.
b. The Commission shall not unreasonably interfere with Care Ambulance's
use and enjoyment of the Leased Space.
c. In no event, shall the Commission be required to maintain or repair
damage caused by the negligent or willful act by Care Ambulance, its
employees or agents. However, if due to any negligent or willful act by
Care Ambulance, its employees or agents, there is a need for maintenance
or repair of damage, then Care Ambulance shall do such maintenance or
repair in a prompt,reasonable manner, as approved by the Commission.
d. Snow shall be removed from the adjacent parking lot by the Commission.
Snow removal on the walk ways will be the responsibility of Care
Ambulance.
8. Assignment
Care Ambulance shall not assign this Agreement without the prior written
approval of the Commission.
9. Condition of Premises
Care Ambulance shall accept the Leased 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 Leased Space.
10. Alterations
Care Ambulance shall be permitted to make alterations to the space pending
approval by Airport Commission Chair. All fixtures installed or additions and
improvements made to the Leased Space shall, upon completion of such additions
and improvements, become Commission property and shall remain in the Leased
Space at the expiration or termination of this Agreement, however terminated,
without compensation or payment to Care Ambulance. 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
Leased 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
(2011), may be stored, located, or contained in the Leased Space without
the Commission's prior written approval and be in proper storage
containers
b. Care Ambulance shall not 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
Page 4 of 10
During special events at the Airport, Care Ambulance acknowledges that the
standard operation procedure at the Airport may be altered such that egress and
ingress to the Leased Space may be altered by the Commission in writing. Care
Ambulance's failure to comply with the altered procedure is a default of this
Agreement, and the Commission may proceed to terminate this Agreement.
13. Signs
Care Ambulance shall not install any sign without approval of the Commission
Chair,whose approval shall not be unreasonably withheld.
14. Access and Inspection
The Commission has the right to enter and inspect the Leased Space at any
reasonable time during the term of this Agreement upon at least twenty-four (24)
hours notice to Care Ambulance for any purpose necessary, incidental to, or
connected with the performance of its obligations under the Agreement or in the
exercise of its governmental functions. In the case of an emergency, the
Commission may enter the Leased Space without prior notice but will provide
notice to Care Ambulance after the fact. The Commission shall not, during the
course of any such inspection, unreasonably interfere with the Care Ambulance's
use and enjoyment of the Leased Space. At a minimum,the Leased Space will be
inspected annually. If upon execution of this Agreement, Care Ambulance
desires to change the lock to the Leased Space, it shall provide written notice to
the Commission before it does so, and shall provide a key to the Commission
within twenty-four(24)hours of changing the lock.
15. Insurance
a. Care Ambulance shall at its own expense procure and maintain
Commercial General Liability, Business Auto Liability, and Workers
Compensation 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 and$2,000,000 aggregate
Business Auto Liability$1,000,000 Each Occurrence
Workers Compensation with Employers Liability limits of$100,000 Each
Bodily Injury, $100,000 Each Disease and$500,000 Policy limit.
b. Care Ambulance's insurance carrier shall be A rated or better by A.M.
best. Care Ambulance shall name the Commission and the City of Iowa
City, as additional insured. The Commission and Care Ambulance
acknowledge that a Certificate of Insurance is attached to this Agreement.
Care Ambulance shall provide fifteen (15) days notice to the Commission
before cancellation of said insurance.
c. It is Care Ambulance's responsibility to keep the insurance certificate
current. If the Certificate of insurance expires during the term of the
•
Page 5 of 10
Agreement, Care Ambulance must provide a current certificate to the
Commission within seven(7) days of when the Certificate expires.
16. Casualty.
In the event the Leased Space, or the means of access thereto, shall be damage by
fire or any other cause, the Fees payable hereunder shall not abate provided that
the Leased Space is not rendered unusable by such damage. If the Leased Space
is rendered unusable and Commission elects to repair the Leased Space, the Fees
shall bate for the period during which such repairs are being made, provided the
damage was not caused by the acts or omissions of Care Ambulance, its
employees, agents or invitees, in which case the Fees shall not abate. If the
Leased Space is rendered unusable and Commission elects not to repairs the
Leased Space,this agreement shall terminate.
17. Responsibility
Care Ambulance agrees to be responsible for and indemnify and hold the
Commission harmless from all claims and damages, included reasonable attorney
fees, that directly result from the negligent acts or omission of Care Ambulance,
its employees, or agents to the extent permitted by law. The Commission shall
not be liable for its failure to perform this Agreement or for any loss, injury,
damage or delay of any nature whatsoever resulting therefrom caused by an 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 Care Ambulance 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 Care Ambulance, its employees, or agents during the term of this
agreement, including, but not limited to, loss, damage or injury to vehicles or
other property of Care Ambulance that may be located or stored in the Leased
Space, unless such loss, damage or injury is caused by 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 damage, 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 usage of the Leased Space under this Agreement.
19. Event of Default
This Agreement shall be breached if: (a) Care Ambulance fails to make fee
payments; or (b) Care Ambulance 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.
•
Page 6 of 10
Upon the default by Care Ambulance, 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 Care Ambulance:
a. Termination. Commission may elect to terminate the Agreement
by giving no less than thirty (30) days prior written notice thereof
to Care Ambulance and upon passage of time specified in such
notice,this Agreement and all rights of Care Ambulance 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 Care Ambulance shall remain liable as provided in this
paragraph.
b. Commission shall have the immediate right upon Termination of
this Agreement to bring an action for forcible entry and detainer.
c. Care Ambulance to remain liable. No termination of this
Agreement pursuant to this paragraph, by operation or otherwise,
and no repossession of the Leased Space or any part thereof shall
relieve Care Ambulance of its liabilities and obligations hereunder,
all of which shall survive such Termination.
d. Damages. In the event of any occurrence of an Event of
Default caused solely by Care Ambulance, Care Ambulance shall
pay to the Commission the Fees and other sums and charges
required to be paid by Care Ambulance for the period to and
including the end of the Term. In the event of any occurrence of
an Event of Default not caused solely by Care Ambulance or for
any other cause for Termination of this Agreement, Care
Ambulance shall only pay such Fees and charges for the period to
and including the date of Termination.
21. Security.
Care Ambulance 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 the Agreement, and Care Ambulance agrees that the
Commission shall not be liable for any damages to Care Ambulance that may
result from said non-compliance.
22. Termination
Either party to this Agreement shall have the right, with cause, to terminate this
Agreement by giving thirty(30)days' prior written notice to the other party.
23. Anti-Discrimination Provision
Care Ambulance shall not discriminate against any person in employment or
public accommodation because of race,religion, color, creed, gender identity, sex,
Page 7 of 10
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, Agreement,permit, etc.) for a purpose for which
a Department of Transportation program or activity is extended or for
another purpose involving the provision of similar services or benefits, the
(licensee, lessee, permittee, etc.) shall maintain and operate such facilities
and services in compliance with all other requirements imposed pursuant
to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation, and as said Regulations may be
amended.
b. Tenant, for itself, personal representatives, successors in interest, and
assigned, as a part of the consideration hereof, does hereby covenant and
agree as a covenant running with the land that: (1) no person on the
grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subject to
discrimination in the use of said facilities, (2) that in the construction of
any improvements on, over, or under such land and the furnishing of
services thereon, no person on the grounds of race, color, or national
origin shall be excluded from participation in, denied the benefits of, or
otherwise be subject to discrimination, (3) that Tenant, shall use the
premises in compliance with all other requirements imposed by or
pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted
Programs of the Department of Transportation, and as said Regulations
may be amended.
c. It in understood and agreed that nothing herein contained shall be
construed to grant or authorize the granting of an exclusive right within
the meaning of Section 308 of the Federal Aviation Act of 1958. This
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. Tenant acknowledges and agrees that the rights granted to Tenant
in this Agreement will not be exercised so as to interfere with or adversely
affect the use, operation, maintenance or development of the Airport
• Page 8 of 10
d. Tenant agrees to furnish service on a fair, equal and not unjustly
discriminatory basis to all users thereof, and to charge fair, reasonable and
not unjustly discriminatory prices for each unit or service; provided, that
Tenant may make reasonable and non-discriminatory discounts,rebates, or
other similar types of price reductions to volume purchasers.
e. The Commission reserves the right (but shall not be obligated to Tenant)
to maintain and repair the landing area of the airport and all
publicly-owned facilities of the airport, together with the right to direct
and control all activities of Tenant in this regard.
a. The Commission reserves the right further to develop or improve the
landing area and all publicly-owned air navigation facilities of the airport
as it sees fit, regardless of the desires or views of Tenant, and without
interferences or hindrance.
b. 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 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 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 Agreement 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
• Page 9 of 10
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
Agreement 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 Agreement, 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 Commission Chairperson
b. by service in the manner provided by law for the service of original notice,or
c. by sending said Notice by certified or registered mail,return receipt requested,to
the last known address. Notices shall be deemed to have been received on the
date of receipt as shown on the return receipt.
(1) If to the Commission,addressed to:
Iowa City Airport Commission
Iowa City Municipal Airport
1801 S.Riverside Drive
Iowa City,IA 52246
(2) If to Care Ambulance,addressed to:
Care Ambulance
Atm: Bob Libby
P.O.Box 261
Iowa City,IA 52244
27. Integration.
This Agreement 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.
28. Waiver.
The waiver by either party of any covenant or condition of this Agreement shall not
thereafter preclude such party from demanding performance in accordance with the terms
hereof.
Page 10 of 10
29. Successors Bound.
This Agreement shall be binding and shall inure to the benefit of the heirs, legal
representatives,successors and assigns of the parties hereto.
30. 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 Agreement, the entire
Agreement shall not be void, but the remaining provisions shall continue in effect as
nearly as possible in accordance with the original intent of the parties.
Iowa City Airport Commission
By:Aj.Gl=_ — Approved:
City Attorney's office
Title:Chairperson
Date: /o/t4 ?a/�
Care Am•ulance
By: / r /
Title: 0 W^+-✓
Date: 24 Fey Z o (7/
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
RESOLUTION NO. /9/ - ,0,I_.5-
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT
FOR TERMINAL BUILDING BRICK EXTERIOR REPAIRS
WHEREAS, TNT Tuckpointing and Building Restoration, LLC of Stockton, Iowa has submitted
the lowest responsible bid of$93,850.00 for construction of the above named project; and
WHEREAS, it is the recommendation of the engineering consultant, VJ Engineering, that the
base bid be accepted and that the four alternates also be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT:
1. The base bid and the four alternates for the above named projected are accepted.
2. The contract for the construction of the above named project is hereby awarded to TNT
Tuckpointing and Building Restoration, LLC subject to the conditions:
a. That awardee secures adequate performance and payment bond, insurance
certificates, and contract compliance program statements.
3. The Chairperson is hereby authorized, upon direction from the City Attorney, to sign and
the Secretary to attest the contract for construction of the above-named project, subject
to the condition that awardee secure adequate performance and payment bond,
insurance certificates, and contract compliance program statements.
PassedA and approved this i, ft, of v t{44f.J , 2012.
-
,-., .,_.„.
CHAIRPERSON
Approved by
. D a - r 3 I>.
ATTE :
SECRETARY City Attorney's Office
It was moved by r�^ and seconded by /46%.51 .7-, the Resolution be
adopted, and upon roll call there were:
Ayes� Nays Absent
v Assouline
,/ Gardinier
Horan
✓ Mascari
Prepared by Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
RESOLUTION NO. f7/,-,� – �o
RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE
SECRETARY TO ATTEST A CONTRACT AMENDMENT FOR CONSULTING
SERVICES FOR THE TERMINAL BUILDING EXTERIOR REPAIRS.
WHEREAS, the Iowa City Airport Commission has previously entered into a contract with VJ
Engineering for consultant services related to the Terminal Building Exterior Repairs; and
WHEREAS, both parties wish to amend the not to exceed fee provision.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT:
The Chairperson is hereby authorized to sign and the Secretary to attest to the attached
amendment.
Passed and approved this — day of ` vl V U k J , 2012.
CHAIRPERSON
Approved by
ATTE -
SECRETARY City Attorney's Office
It was moved by lit4 kf C c and seconded by f, the Resolution be
adopted, and upon roll call there were:
Ayes Nays Absent
Assouline
Gardinier
(/ / Horan
c/ Mascari
i
CONSULTANT AGREEMENT
AMENDMENT#1
WHEREAS,the Iowa City Airport Commission and VJ Engineering entered into a Consultant
Agreement dated September l5`,2011;and
WHEREAS,the parties wish to amend the not-to exceed fee amount.
IT IS THEREFORE AGREEED AS FOLLOWS:
Section IV,entitled COMPENSATION FOR SERVICES, is deleted in its entirety and the
following new section is substituted in lieu thereof:
Consultant shall perform the Scope of Services for a lump sum fee not to exceed $17,650.
All other terms of the Consultant Agreement remain in full force and effect.
FOR THE AIRPORT COMMISSION FOR THE CONS ANT
By: l rir, Grijr. By: '(`may ,e_
Title: M h f 1`1" V CW-d I h veAr Title: fk-A_ i
Date: G Y -Q,,� ( ' I of Date:
ATTEST:
'1w Approved by:
City Attorney's Office
O ' l -rte
Date
Prepared by: Susan Dulek,Assistant City Attorney,410 E. Washington St., Iowa City, IA 52240-319-356-5030
RESOLUTION NO. — O I
RESOLUTION APPROVING SECOND AMENDMENT TO THE LEASE
AGREEMENT WITH JET AIR, INC. TO EXCHANGE LEASED OFFICE SPACE
IN THE TERMINAL BUILDING.
WHEREAS, on November 1, 2001, the Iowa City Airport Commission and Jet Air, Inc. entered
into a contract entitled "Iowa City Municipal Airport Fixed Base Operator's Agreement" for lease
of space at the Iowa City Municipal Airport; and
WHEREAS, the FBO Agreement was amended on February 14, 2005 to provide that room #104
would no longer be leased to Jet Air; and
WHEREAS, the parties wish to exchange room #104 and room # 108.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT:
The Chairperson is hereby authorized to sign and the Secretary to attest to the Second
Amendment to Fixed Based Operator's Agreement, a copy of which is attached and
incorporated herein.
411
Passed and approved this I� — day of 1\-\G tr Ck , 2012.
CHAIRPER ON
Approved by�Q�
ATTEST: 4(7,-41'41z,, t ic' ' 3 - 9 I
SECRETARY City Attorney's Office
It was moved by P4OISCgr and seconded by ne•.-- the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
` Assouline
✓ f Gardinier
/ Horan
✓ Mascari
SECOND AMENDMENT TO FIXED BASED OPERATOR'S AGREEMENT
WHEREAS, on November 1, 2001, the Iowa City Airport Commission (Commission) and
Jet Air, Inc. (Jet Air) entered into a contract entitled "Iowa City Municipal Airport Fixed Base
Operator's Agreement" (FBO Agreement) for lease of space at the Iowa City Municipal Airport
including all non-public areas of the first floor of Building "E,"the airport terminal building;'
WHEREAS, the FBO Agreement was amended on February 14, 2005 to provide that
room #104 would no longer be leased to Jet Air; and
WHEREAS, the parties wish to exchange room #104 and room # 108.
IT IS THEREFORE AGREED that;
1. Paragraph 2a of the FBO Agreement is deleted in its entirety and the following new
Paragraph is substituted in lieu thereof:
2a. Building "E," to include first floor offices (Room #103, 104, 114, 115, 116, 117,
and 118), service counter (Room #114), pilots lounge (Room #110), and the vending
machine room (Room #105). This does not include the public areas on the first floor
or the entire second floor of the building or Room # 108. All utilities for Building E
are to be paid by the Commission.
All other terms and provisions of the FBO Agreement, not inconsistent with this
amendment, remain in full force and effect.
IOWA CITY AIRPORT COMMISSION JET AIR,
Li,
INC.
BY BY Chair•-rso Phillip J. Wolf Vice /esident
Date 3— Ic- lj, Date 3-(l " ic(
Approved by: a 2
Salat
City Attorney's Office
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-356-5045
RESOLUTION NO. R/c) — /G?
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT
FOR THE CONSTRUCTION OF HANGAR L PHASE 1
WHEREAS, Septagon Construction Company of Cedar Rapids, Iowa has submitted the lowest
responsible bid of $614,401.90 for construction of the above named project.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT:
1. The bids for the above named projected are accepted.
2. The irregularity on the bid form of Septagon Construction Company, namely the unit
price for item no. 22 is not provided, is waived because the extension price for that item
is provided.
3. The contract for the construction of the above named project is hereby awarded to
Septagon Construction Company subject to the conditions:
a. That awardee secures adequate performance and payment bond, insurance
certificates, and contract compliance program statements.
4. The Chairperson is hereby authorized to sign and the Secretary to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract
compliance program statements upon instruction from legal counsel.
Passed and approved this S day of A , 2012.
CHAIRPERSON - '---:-. S.- .)c.----\--aP
'� Approve by
ATTEST: ' Ic'. t�,c,^--� - I a - I,l,
SECRETARY City Attorney's Office
It was moved by , and seconded by 11< sGG- - the Resolution be
adopted, and upon roll call there were:
Ayes Nays Absent
Assouline
V Gardinier
V Horan
Mascari
Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr. Iowa City,IA 52246(319)356 5045
RESOLUTION NO. /9-/2 —//
RESOLUTION SETTING PUBLIC HEARINGS FOR LEASE FOR HANGAR #7f AND
LEASSE FOR HANGAR#'7:1 IN HANGAR L.
WHEREAS,the Airport Commission has awarded a contract for the construction of Hangar L;
and
WHEREAS,the Airport Operations Specialist has negotiated the attached leases for Hangar#711
and Hangar#71.
BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY:
1. That public hearings on the lease terms and rates for Hangar#71 and Hangar#7a,are to
be held on the 19th day of April 2012 at 6:00pm in Iowa City Airport Terminal Building,
1801 S. Riverside Drive,Iowa City, Iowa,or if said meeting is cancelled,at the next
meeting of the Airport Commission thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public
hearings for the above-named projects in a newspaper published at least once weekly and
having a general circulation in the City, not less that four(4) nor more than twenty(20)
days before said hearing.
3. That a copy of lease agreements are hereby ordered placed on file by the Chairperson in
the office of the City Clerk for public inspection
Passed and approved this day ofAIP_2012.
Approved By:
CHAIRPER ON
ATTEST: `.� `.—'— am -1d rck
SECRETARY City Attorney's Office
It was moved by 140 r"r and seconded by f`1Gs c . the
Resolution be adopted, and upon roll call there were:
Ayes Nays Absent
Assouline
Gardinier
Horan
,,/ Mascari
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
RESOLUTION NO. R/.52 —
RESOLUTION AWARDING CONTRACT FOR ENGINEERING SERVICES FOR
CONSTRUCTION PHASES OF CORPORATE HANGAR "L".
WHEREAS, the Commission desires to secure the services of Foth Infrastructure and
Environment, LLC to provide engineering construction administration and observation services
related to the proposed Iowa City Municipal Airport Hangar 'L' Construction.
NOW THEREFORE, it is agreed by and between the parties hereto that the Commission does
now contract with the Consultant to provide services as set forth herein.
NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF
IOWA CITY:
1. The Chairperson is authorized to sign the agreement.
Passed and approved this (7 day of4:"-1- , 2012.
CHAIR' R`•NR
4111
Approved by
ATTEST:
47--(4441150-
SECRETARY City Attorney's Office
It was moved by 1419r-61 -- and seconded by //Cc, Sc G the Resolution be
adopted, and upon roll call there were:
Ayes Nays Absent
Assouline
Gardinier
Horan
Mascari
w
CONSULTANT AGREEMENT
GI
THIS AGREEMENT, made and entered into this• I tk day of
2012 , by and between the Iowa City Airport Commission, Iowa City, Iowa, hdreinafter referred
to as the Commission and Foth Infrastructure and Environment, LLC. , of Cedar Rapids ,
hereinafter referred to as the Consultant.
WHEREAS, the Commission desires to secure the services of the Consultant to provide
engineering construction administration and observation services related to the proposed Iowa
City Municipal Airport Hangar 'L' Phase I Construction.
NOW THEREFORE, it is agreed by and between the parties hereto that the Commission does
now contract with the Consultant to provide services as set forth herein.
1. SCOPE OF SERVICES
Consultant agrees to perform the engineering services for the Commission, and to do so in a
timely and satisfactory manner. Services provided under this agreement shall be as further
described in Attachment A, attached and incorporated herein.
II. TIME OF COMPLETION
The Consultant shall complete construction phase services for the Project on or before
September 28th, 2012.
III. GENERAL TERMS
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity,
or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the Commission terminate this Agreement, the Consultant shall be paid for
all work and services performed up to the time of termination. However, such
sums shall not be greater than the "Not-to-exceed" amount listed in Section IV.
The Commission may terminate this Agreement upon seven (7) calendar days'
written notice to the Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the Commission
for the purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
- 2 -
E. It is agreed by the Commission that all records and files pertaining to information
needed by the Consultant for the project shall be available by said Commission
upon reasonable request to the Consultant. The Commission agrees to furnish all
reasonable assistance in the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the Commission, the Consultant shall attend meetings of the
Commission relative to the work set forth in this Agreement. Any requests made
by the Commission shall be given with reasonable notice to the Consultant to
assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the Commission, copies of all basic notes and sketches, charts,
computations, and any other data prepared or obtained by the Consultant pursuant
to this Agreement without cost, and without restrictions or limitation as to the use
relative to specific projects covered under this Agreement. In such event, the
Consultant shall not be liable for the Commission's use of such documents on
other projects.
The Consultant agrees to furnish all reports, specifications, and drawings, with the
seal of a professional engineer affixed thereto or such seal as required by Iowa
law.
J. The Commission agrees to tender the Consultant all fees in a timely manner,
excepting, however, that failure of the Consultant to satisfactorily perform in
accordance with this Agreement shall constitute grounds for the Commission to
withhold payment of the amount sufficient to properly complete the Project in
accordance with this Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect.
L. Original contract drawings shall become the property of the Commission. The
Consultant shall be allowed to keep mylar reproducible copies for the Consultant's
own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the Commission.
N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a contract
with the City, and certifies that no employee or officer of the City, which includes
members of the City Council and City boards and commissions, has an interest,
either direct or indirect, in this agreement, that does not fall within the exceptions to
said statutory provision enumerated in Section 362.5.
O. The Consultant agrees at all times material to this Agreement to have and maintain
professional liability insurance covering the Consultant's liability for the
Consultant's negligent acts, errors and omissions to the Commission in the sum of
$1,000,000.
-g -
IV. COMPENSATION FOR SERVICES
METHOD OF PAYMENT, STANDARD HOURLY RATES:
In consideration of the Construction Phase services, work, equipment, supplies, or materials
provided herein, the Commission agrees to pay the Consultant $42,200.00 NOT-TO-EXCEED
FEE (Unit Cost/Time Charges), including any authorized reimbursable expenses, pursuant to the
Schedule of Fees set forth in Attachment B, attached and incorporated herein.
Construction Phase Services $ 42,200.00
Total $ 42,200.00
V. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent
upon or resulting from the execution of this Agreement, that it is the entire
Agreement, and that no other monies or considerations have been solicited.
FOR THE COMMISSION FOR THE CONSULTANT
Foth Infr. . ure and viron e C
Signature: � 4S— Signature. _ _
1111
Name: c r�ec• 1 .d Name: David D. Kapler
Title: CAwtw1iSSirM CIAti r 0h Title: Senior Project Manager
Date: l q - I a Date: y I I&/t 2
Foth Infrastructure and Environment,LLC. Iowa City Municipal Airport Hangar'L'Phase I Construction •
•
Project No. 111010.00 Iowa City, Iowa
ATTACHMENT "A" - SCOPE OF SERVICES
Iowa City Municipal Airport Hangar`L' Phase I
Construction Phase Services
Iowa City, Iowa
The work to be performed by the Consultant under this agreement shall encompass and include all detail
work, services, materials, equipment and supplies necessary to complete the proposed Iowa City
Municipal Airport Hangar'L' Phase I Construction administration and observation phase services.
The proposed project involves construction administration and observation phase services for the
construction of Hangar'L' Phase I, site-work and pre-engineered aircraft hangars.
The scope of services to be performed by the Consultant shall be completed in accordance with generally
accepted standards of practice and shall include the services to complete the following phases/tasks:
TASK A—Design and Bidding Services
Previously completed
TASK B—Construction Administration
1.0 General Administration of Construction Contract.
2.0 Coordinate and attend preconstruction meeting and distribute minutes to the Contractor and
Owner.
3.0 Attend bi-weekly construction meetings.
4.0 Respond to Requests for Information (RFI's)during construction.
5.0 Shop Drawing Review
6.0 Issue clarification and change documents.
7.0 Process Applications for Payment.
8.0 Process reimbursement requests from Iowa DOT.
9.0 Review O&M manuals for completeness and coordinate submission to Owner.
10.0 Perform review and develop punchlist at the completion of project.
11.0 Develop as-built drawings based upon Contractor"redlines" and deliver one (1) hard copy of
as-built drawings to owner along with electronic copy(CAD and pdf).
TASK C—Construction Observation/Resident Project Services
Quarter-time onsite construction observation is anticipated for the duration of the project. Estimate is
based on ten (10) hours a week and a construction schedule of May through August 2012. Additional
observation and site visits by Engineer at intervals appropriate to the various stages of construction as
the Engineer deems necessary.
ADDITIONAL SERVICES
Additional Services not included in this Agreement. If authorized under a Supplemental Agreement, the
Consultant shall furnish or obtain from others the following services:
1.) Construction Staking.
2.) Construction Testing.
3.) Construction Observation/Resident Project Services beyond schedule noted in Task C.
4.) ALP Update.
5.) Airport Tenant Coordination.
6.) Pavement Management Program Update.
X:\CR\IE12011\111010-00\1000 Budget\CACO\Rebid\sos-03272012-ICIOA-CACO.doc 1
Foth Infrastructure and Environment,LLC. Iowa City Municipal Airport Hangar'L'Phase I Construction
Project No. 111010.00 Iowa City,Iowa
ATTACHMENT "B"
Iowa City Municipal Airport Hangar Construction
Iowa City, Iowa
X:\CR\IE\2011\111010-00\1000 Budget\CACO\Rebid\sos-03272012-ICIOA-CACO.doc 2
Foth Infrastructure and Environment
3950 River Ridge Dr.NE.Suite A
Phone:319.365.9565 Fax:319.365.9631
Engineering Service Task Assignment Sheet g 1 1 S . c I
Project: Iowa City Municipal Airport
I i 2 2-I REMARKS
Hangar'L'Phase I Construction Services a 3 s $i
Iowa City, IA-2012 a •
3
Task A-Design and Bidding Phase Services - - —- - -
Previously Completed - _- ---- -__ _ — ---
Task B-Construction Administration ---------. — — - _
1.0 General Administration of Construction Contract 4 8
2.0 Preconstruction Meeting 4 4 2
3.0 Bi-weekly Construction Meetings ---- 12 12
4.0 Respond to RPIe
4 5 4 g 2
5.0 Shop Drawing Review _ 8 12 4 2
6.0 Issue Clarification and Change Documents a 8 1
7.0 Process Application for payment 2
6.0 Process Reimbursement Requests 2 1
9.0 O&M Review
10.0 Review and Punchlists 4 4 1
11.0 As-built Drawings 4 8 8 1 -
I ask C-Construction Ubservationikesident Project Services
1.0 Construction Observation 8 8 140
Estimated Total H 4 18 18 60 28 24 154 8
Iowa City Municipal Airport Hangar Construction
FOTH
1.Direct Salary Costs
Title Hours Rate/Hour Cost
Project Manager III 4 $ 54.95 $ 219.80
Lead Engineer 16 $ 44.18 $ 706.88
Project Engineer II 18 $ 36.10 $ 649.80
Project Engineer I 60 $ 33.15 $ 1,989.00
Construction Manager 28 $ 37.63 $ 1,053.64
Field Technician II 154 $ 21.69 $ 3,340.26
CAD Technician 24 $ 30.00 $ 720.00
Administrative Assistant 8 $ 21.75 $ 174.00
Total Direct Salary Costs $ 8,853.38
2.Labor&General Administrative Overhead
Percentage of Direct Salary Costs 171.68%
Total In-Direct Salary Costs $ 15,199.48
3.Out-of-Pocket Expenses
a.Transportation
Personal Vehicle Miles @$0.555/mile $ -
b.Per Diem
$ -
c.Materials and Supplies(Survey) $ -
d.Other(Printing,Reproduction,and Mailing of Contract Documents) $ 250.00
Total Expenses $ 250.00
4.Subtotal of Items 1,2,and 3 $ 24,302.86
5.Fixed Payment 12.86% $ 3,093.20
6.Subcontract Costs
Miller Dunwiddie Architecture $ 8,000.00
KJWW Engineering Consultants $ 6,800.00
Total Subcontracted Costs $ 14,800.00
7.Total Project Costs
Item 4,5,plus 6 $ 42,196.06
Rounded $ 42,200.00
miller dunwiddie
ARCHITECTURE
Iowa City Municipal Airport Hangar Construction
1. Direct Salary Costs
Title Hours Rate/Hour Cost
Project Manager 36 $ 53.40 $ 1,922.40
Sr.Architect-Specs 0 $ 51.30 $ -
Project Architect _ 12 $ 29.90 $ 358.80
Architectural Designer 0 $ 21.00 $ -
Administrative Assistant 2 $ 15.00 $ 30.00
Total Direct Salary Costs $ 2,311.20
2. Labor&General Administrative Overhead
Percentage of Direct Salary Costs 145.92%
Total In-Direct Salary Costs $3,372.50
3.Out-of-Pocket Expenses
a.Transportation
Personal Vehicle Miles 1,800 @$0.51 /mile $918.00
Airfare 0 @$900 roundtrip $0.00
b. Printing and Reproduction $150.00
c. Courier/Postage/Shipping $150.00
d. Lodging 3 @$100 $300.00
Total Expenses $1,518.00
4.Subtotal of Items 1,2,and 3 $7,201.70
5. Fixed Payment 15.00% of Items 1 and 2 $852.56
6.Subcontract Costs $0.00
7.Total Project Costs(Items 4,5,and 6) $8,054.26
Rounded $8,000.00
Iowa City Municipal Airport Hangar Construction
KJWW Engineering Consultants,PC
1.Direct Salary Costs
Title Hours Rate/Hour Cost
Sr.Engineer 6 $ 53.17 $ 319.02
Engineer 18 $ 41.72 $ 750.96
CAD 6 $ 24.06 $ 144.36
Administrative Assistant 8 $ 17.96 $ 143.68
Construction Administration 28 $ 33.44 $ 936.32
Total Direct Salary Costs $ 2,294.34
2.Labor&General Administrative Overhead
Percentage of Direct Salary Costs 1 1 .161.19%..
Total In-Direct Salary Costs $ 3,698.25
3.Out-of-Pocket Expenses •
a.Transportation
Personal Vehicle Miles 0 @$0.51 /mile $ -
b. Per Diem
c.Materials and Supplies $ -
d.Other $ -
TotalExpenses $ -
4.Subtotal of Items 1,2,and 3 $ 5,992.59
5.Fixed Payment 12.00% of Items 1 and 2 $ 719.11
6.Subcontract Costs
Total Subcontracted Costs $ -
7.Total Project Costs
Item 4,5,plus 6 $ 6,711.70
Rounded $ 6,800.00
Foth Infrastructure and Environment,LLC. Iowa City Municipal Airport Hangar'L'Phase I Constructiorr
Project No. 111010.00 Iowa City, Iowa
ATTACHMENT "C" - INSURANCE CERTIFICATES
Iowa City Municipal Airport Hangar Construction
Iowa City, Iowa
The pertinent insurance certificates to be submitted upon acceptance of Engineering Proposal.
X:1CR11E120111111010-0011000 Budget\CACOIRebid\sos-03272012-ICIOA-CACO.doc 3
Prepared by: Susan Dulek,Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240(319)356-5030
RESOLUTION NO. i9 /:,2 — 1,3
RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE
SECRETARY TO ATTEST TO A HANGAR LEASE WITH WINGNUTS, LLC
FOR HANGAR 71 IN HANGAR L.
WHEREAS, Wingnuts, LLC would like to enter into a lease for Hangar 71 in Hangar L; and
WHEREAS, public hearing was held on the proposed lease on April 19, 2012; and
WHEREAS, the lease of said space is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Chairperson is hereby authorized to sign and the Secretary to attest to the corporate
hangar lease, a copy of which is attached and incorporated herein.
Passed and approved this I day of , 2012.
all _
CHAI RPStri
Approved by
ATTEST:
SECRETARY City Attorney's Office
kAc
It was moved by� r and seconded by 64,06 Y,---,0--/ the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
7 Assouline
V Gardinier
Horan
—74 Mascari
CORPORATE HANGAR LEASE
This T-HANGAR LEASE ("Lease") entered into by and between the Iowa City Airport
Commission ("Commission") and Wingnuts LLC ("Tenant") in Iowa City, Iowa.
In consideration of the mutual covenants contained herein, and for other good and valuable
consideration, the parties hereby agree as follows:
1. Lease of the Hangar Space.
The Commission hereby leases to Tenant hangar space in Hangar## 71 (the
"Hangar Space") located at the Iowa City Municipal Airport (the "Airport") and described
as follows: Building L, Corporate Hangar, 56' wide x 62' deep with a 55' Bi-Fold Door
The Hangar Space shall be used and occupied by Tenant principally for the storage or
construction of the following aircraft:
Aircraft Make & Model 1943 Boeing Stearman PT-17 & 1943 North American T6
Aircraft Registration Number N56878_N515SA
Aircraft Registered Owner Name Wingnuts LLC_---John Ockenels
Registered Owner Home and Business Telephone Numbers 319 321 4601
Email: johnockenfels@hotmail.com
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 Airport Operations Specialist. 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.
If the Tenant sells all of the aircraft listed above and does not acquire replacement
aircraft within one-hundred eighty (180) days thereof, Tenant shall immediately notify
the Commission, and this Lease shall be terminated. Tenant shall maintain a minimum
of one aircraft in hangar.
2. Term.
The term of this Lease shall commence on the date of occupancy and shall end on the
last day of the month of December, 2017.
There shall be 3 option periods of 5 years which may be exercised by Tenant.
The Option periods are for: •
January 1, 2018-December 31, 2022;
January 1, 2023-December 31, 2027;
January 1, 2028-December 31, 2032
In the event an option is exercised, Rental Rate for the new period shall be adjusted by
the CPI Index based on the CPI index for the previous 5-year term. Data for the CPI-U,
US City Average, All Items Less Food and Energy: shall be used in determining any CPI
adjustment. Base Period 1982-1984=100
2
Tenant shall notify the Commission in writing of their intent to exercise options at least
ninety (90) days prior to the expiration of the then current lease term.
3. Rent.
For use of the Hangar Space, Tenant shall pay the Commission the amount of
$ 650.00 per month, payable in advance on the first day of each
month. A 1.5% late fee (which is $ 9.75 per day) for rent not received
by the Commission will be charged after the fifteenth (15) day of each month. The rent
shall be paid pro rata by the Tenant for any period of possession less than a full month.
4. Utilities
Tenant shall be responsible for the electric and gas utilities. Commission shall provide
the water utility. Tenant shall maintain the internal hangar temperature at a level as to
not damage plumbing systems.
5. Security Deposit.
At the time of execution of this Lease, Tenant shall pay to the Commission in trust the
sum of one month's rent to be held as a rental deposit. At the termination of the Lease,
the Commission shall return the deposit to the Tenant less any amounts due to repair
damage, conduct cleanup or owed to the Commission. If the Tenant renews the lease,
the deposit will be held over for the new term.
6. Use of the Hangar Space.
a. The Hangar Space shall be used primarily for storage ur
construction of the Aircraft consistent with FAR and the Minimum Standards.
This provision is not to be construed as a prohibition for storage of maintenance
materials, cleaning materials, tools, parts, spares, and other aircraft components.
b. Tenant may park his/her car in the Hangar Space during such time that Tenant is
using the Aircraft.
c. No commercial activity of any kind shall be conducted by Tenant in, from or
around the Hangar Space.
d. No maintenance, including painting, on the Aircraft shall be performed in the
Hangar Space or anywhere on the Airport without the prior written approval of
the Airport Operations Specialist, 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 or emit
offensive odors.
e. Tenant shall be responsible and liable for the conduct of its employees and
invitees, and of those doing business with it, in and around the Hangar Space.
Tenant shall keep the Hangar Space clean and free of debris at all times.
f. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply
with all applicable ordinances, rules, and regulations established by any federal,
state or local government agency.
3
g. Tenant shall dispose of used oil only in approved receptacles.
h. At no time shall Tenant start or run his/her Aircraft engine(s) within the Hangar or
Hangar Space.
j. On the termination of this Lease, by expiration or otherwise, Tenant shall
immediately surrender possession of the Hangar Space and shall remove, at its
sole expense, the Aircraft and all other property therefrom, leaving the Hangar
Space in the same condition as when received, ordinary wear and tear excepted.
k. Tenant shall be liable for any and all damage to the Hangar or to the Hangar
Space caused by Tenant's use, including, but not limited to, bent or broken
interior walls, damage due to fuel spillage, or damage to doors due to Tenant's
improper or negligent operation.
7. Rights and Obligations of Tenant.
a. Tenant shall have at all times the right of ingress to and egress from the Hangar
Space, except as provided in Paragraph 12. To ensure this right, the
Commission shall make all reasonable efforts to keep adjacent areas to the
Hangar Space free and clear of all hazards and obstructions, natural or
manmade.
b. Tenant shall be responsible to maintain the interior of the Hangar Space to
include janitorial services, maintaining all interior lights, cleaning of stoppages in
plumbing fixtures and drain lines, cleaning of snow within two (2) feet of the
apron adjoining the Hangar Space, disposing of any debris or waste materials,
and maintaining any Tenant constructed structures and equipment. The
Commission shall be the sole judge of the due.maintenance undertaken by the
Tenant, and may upon written notice, require specific maintenance work to be
completed. If such maintenance is not completed within a reasonable time
period, the Commission shall have the right to perform such due maintenance,
and Tenant shall reimburse the Commission for the cost of such maintenance
upon presentation of a billing.
c. Tenant shall provide and maintain hand fire extinguisher for the interior of the
Hangar Space of the building in accordance with applicable safety codes.
d. Tenant shall not store any materials outside the Hangar Space.
e. Tenant shall promptly notify the Commission, in writing, of any repairs needed on
the Hangar or to the Hangar Space.
8. Rights and Obligations of the Commission.
a. The Commission shall at all times operate and maintain the Airport as a public
airport consistent with and pursuant to the Sponsor's Assurances given by
Authority to the United States Government under the Federal Airport Act.
b. The Commission shall not unreasonably interfere with the Tenant's use and
enjoyment of the Hangar Space.
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
4
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 do such maintenance or
repair in a prompt, reasonable manner, as approved by the Commission.
d. Snow shall be removed from in front of Hangar Space to within at least two (2)
feet of the Hangar. Snow removal closer than two (2) feet is the responsibility of
the Tenant.
e. The Commission shall ensure appropriate grounds keeping is performed year
round.
9. Sublease/Assignment.
Tenant shall not sublease the Hangar Space or assign this Lease without the prior
written approval of the Commission.
10. Condition of Premises.
Tenant shall accept the Hangar Space in its present condition without any liability or
obligation on the part of the Commission to make any alterations, improvements or
repairs of any kind on or about said Hangar Space.
11. Alterations.
Tenant shall have the permission of the Airport Commission to alter the premises in the
following manners.
a. Construction of Office Space: Tenants may construct office space around the area
of utility access. Office Space shall be no bigger than 19'x10' and all construction
must be approved by Airport Operations Specialist, and by any other building code
official which may be required. Maintenance upkeep of the space will be the
responsibility of the tenant for the duration of the lease.
b. Installation of Automatic Garage Door opener. Tenants may install an automatic
garage door opener. Maintenance upkeep of the unit will be the responsibility of
the tenant for the duration of the lease
12. Hazardous Materials.
a. With the exception of Paragraph 11c below, no "hazardous substance," as
defined in Iowa Code section 455B.411 (2011), may be stored, located, or
contained in the Hangar Space without the Commission prior written approval.
(The Iowa Code can be found online at www.legis.state.ia.us/IACODE . The. U.S.
Code can be found online at www.findlaw.com/casecode/uscodes/index.html Federal
regulations can be found online at http://www.access.gpo.gov/vara/cfr/cfr-table-
search.html. ) Petroleum products and their byproducts for personal use may be
stored or present in the Hangar Space if said substances are contained in
approved containers.
b. With the exception of Paragraph 11c below, Tenant shall handle, use, store and
dispose of fuel petroleum products, and all other non-"hazardous substances"
owned or used by it on the Airport in accordance with all applicable federal,
state, local and airport statutes, regulations, rules and ordinances. No waste or
disposable materials shall be released on the ground or in the storm sewers.
Should such materials be spilled or escape from storage or in any way
contaminate the Airport or property adjacent to the Airport through activities of
the Tenant, the Tenant shall be responsible for the clean up, containment and
5
otherwise abatement of such contamination at Tenant's sole cost and expense.
Further, Tenant shall notify the Commission and appropriate governmental
agency of such occurrence immediately. Should Tenant fail to do so, the
Commission may take any reasonable and appropriate action in the Tenant's
stead. The cost of such remedial action by the Commission shall be paid by the
Tenant.
c. Tenant may have the following materials stored in the Hangar Space:
• 5 gallons gasoline for motorized tugs
• 1 gallon of cleaning solvents
• 2 55 Gallon Drums for oil. The oil drums will be placed on
a spill containment pad which would provide containment
for entire drum. Spill containment is the responsibility of
the tenant to provide and maintain
13. Special Events.
During any special event at the Airport, including but not limited to the Sertoma
Breakfast or Fly Iowa, Tenant acknowledges that the standard operating procedure at
the Airport may be altered such that egress and ingress to the Hangar Space may be
altered by the Commission in writing. Tenant's failure to comply with the altered
procedure is a default of this Lease, and the Commission may proceed to terminate this
Lease.
14. Airport Rules and Regulations.
Tenant agrees to be subject to Airport rules and regulations upon adoption by the
Commission or provide 30-days notice to terminate this Lease. Commission shall
provide Tenant with a copy of said rules and regulations 30-days prior to their effective
date.
15. Access and Inspection.
The Commission has the right to enter and inspect the Hangar Space at any reasonable
time during the term of this Lease upon at least 24 hours notice to the Tenant for
any purpose necessary, incidental to or connected with the performance of its
obligations under the Lease or in the exercise of its governmental functions. In the case
of an emergency, the Commission may enter the Hangar Space without prior
notice but will provide notice to the Tenant after the fact. The Commission shall
not, during the course of any such inspection, unreasonably interfere with the Tenant's
use and enjoyment of the Hangar Space. At a minimum, the Hangar Space will be
inspected annually. Upon execution of this Lease, the Tenant subsequently changes the
lock to the Hangar Space, he or she shall provide shall provide notice to the
Commission before he or she does so and shall provide a new key to the Commssion
within twenty-four hours of doing so.
16. Insurance.
a. Tenant shall at its own expense procure and maintain general liability and
casualty insurance in a company or companies authorized to do business in the
State of Iowa, in the following amounts:
Type of Coverage
6
Aircraft Liability, including incidental premises liability—
Each Occurrence $1,000,000
b. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall
name the Commission and the City of Iowa City, as additional insured. The
Commission and Tenant acknowledge that a Certificate of Insurance is attached
to this Lease. Tenant shall provide fifteen (15) days notice to the Commission
before cancellation of said insurance.
c. It is the Tenant's responsibility to keep the insurance certificate current. If the
Certificate of Insurance expires during the term of the lease, the Tenant must
provide a current certificate to the Commision within seven (7) days of when the
Certificate expires.
17. Casualty.
In the event the Hangar or Hangar Space, or the means of access thereto, shall be
damaged by fire or any other cause, the rent payable hereunder shall not abate
provided that the Hangar Space is not rendered untenantable by such damage. If the
Hangar Space is rendered untenantable and Commission elects to repair the Hangar or
Hangar Space, the rent shall abate for the period during which such repairs are being
made, provided the damage was not caused by the acts or omissions of Tenant, its
employees, agent or invitees, in which case the rent shall not abate. If the Hangar or
Hangar Space is rendered untenantable and Commission elects not to repair the
Hangar or Hangar Space, this Lease shall terminate.
18. Indemnity.
Tenant agrees to release, indemnify and hold the Commission, its officers discs
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.
19. Disclaimer of Liability.
The Commission hereby disclaims, and Tenant hereby releases the Commission from
any and all liability, whether in contract or tort (including strict liability and negligence) for
any loss, damage or injury of any nature whatsoever sustained by Tenant, its
employees, agents or invitees during the term of this Lease, including, but not limited to,
loss, damage or injury to the Aircraft or other property of Tenant that may be located or
stored in the Hangar Space, unless such loss, damage or injury is caused by the
Commission's gross negligence or intentional willful misconduct. The parties hereby
agree that under no circumstances shall the Commission be liable for indirect
consequential, special or exemplary damages, whether in contract or tort (including
strict liability and negligence), such as, but not limited to, loss of revenue or anticipated
profits or other damage related to the leasing of the Hangar Space under this Lease.
7
20. Attorney Fees.
If the Commission files an action in district court to enforce its rights under this Lease
and if judgment is entered against the Tenant, Tenant shall be liable to and shall pay for
the Commission's attorney fees incurred in enforcing the Lease and in obtaining the
judgment.
21. Default.
This Lease shall be breached if: (a) Tenant fails to make the rental payment; or (b)
Tenant or the Commission fails to perform any other covenant herein and such default
shall continue for five (5) days after the receipt by the other party of written notice.
Upon the default by Tenant, or at any time thereafter during the cintinuance of such
default, the Commission may take any of the following actions and shall have the
following rights aganst Tenant:
a. Termination. Commission may elect to erminate 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 herin 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 thereof shall relieve Tenant of its liabilities and obligations hereunder,
all of which shall survive such termination, repossession, 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 Comission the rent
and other sums and charges required to by paid by the Tenant for the period to
and including the end of the Term.
22. Security.
Tenant acknowledges that the FAA or another governmental entity or subdivision may
enact laws or regulations regarding security at general aviation airports such that the
Commission may not be able to comply fully with its obligations under this Lease, and
Tenant agrees that the Commission shall not be liable for any damages to Tenant that
may result from said non-compliance.
23. Thirty (30) Days Termination.
Either party to this Lease shall have the right, with cause, to terminate this Lease by
giving thirty (30) days' prior written notice to the other party.
24, Non-Discrimination.
Tenant shall not discriminate against any person in employment or public accommodation
because of race, religion, color, creed, gender identity, sex, national origin, sexual
orientation, mental or physical disability, marital status or age. "Employment" shall include
but not be limited to hiring, accepting, registering, classifying, promoting, or referring to
8
employment. "Public accommodation" shall include but not be limited to providing goods,
services, facilities, privileges and advantages to the public.
25. FAA Provisions.
a. Tenant, for itself, heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree
as a covenant running with the land that in the event facilities are constructed,
maintained, or otherwise operated on the said property described in this (license,
lease, permit, etc.) for a purpose for which a Department of Transportation
program or activity is extended or for another purpose involving the provision of
similar services or benefits, the (licensee, lessee, permittee, etc.) shall maintain
and operate such facilities and services in compliance with all other requirements
imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted
Programs of the Department of Transportation, and as said Regulations may be
amended.
b. Tenant, for itself, personal representatives, successors in interest, and assigned,
as a part of the consideration hereof, does hereby covenant and agree as a
covenant running with the land that: (1) no person on the grounds of race, color,
or national origin shall be excluded from participation in, denied the benefits of,
or be otherwise subject to discrimination in the use of said facilities, (2) that in
the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied the benefits of, or
otherwise be subject to discrimination, (3) that Tenant, shall use the premises in
compliance with all other requirements imposed by or pursuant to 49 CFR Part
21, Nondiscrimination in Federally Assisted Programs of the Department of
Transportation, and as said Regulations may be amended.
c. It in understood and agreed that nothing herein contained shall be construed to
grant or authorize the granting of an exclusive right within the meaning of
Section 308 of the Federal Aviation Act of 1958. This Lease shall be subordinate
to the provisions of any outstanding or future agreement between the Commission
and the United States government or the Commission and the State of Iowa
relative to the maintenance, operation, or development of the Iowa City Municipal
Airport. Tenant acknowledges and agrees that the rights granted to Tenant in this
Lease will not be exercised so as to interfere with or adversely affect the use,
operation, maintenance or development of the Airport
d. Tenant agrees to furnish service on a fair, equal and not unjustly discriminatory
basis to all users thereof, and to charge fair, reasonable and not unjustly
discriminatory prices for each unit or service; provided, that Tenant may make
reasonable and non-discriminatory discounts, rebates, or other similar types of
price reductions to volume purchasers.
e. The Commission reserves the right (but shall not be obligated to Tenant) to
maintain and in repair the landing area of the airport and all publicly-owned
facilities of the airport, together with the right to direct and control all activities of
Tenant in this regard.
f. The Commission reserves the right further to develop or improve the landing
area and all publicly-owned air navigation facilities of the airport as it sees fit,
regardless of the desires or views of Tenant, and without interferences or
hindrance.
9
g. The Commission reserves the right to take any action it considers necessary to
protect the aerial approaches of the airport against obstructions, together with
the right to prevent Tenant from erecting, or permitting to be erected, any
building or other structure on the airport which in the opinion of the Commission
would limit the usefulness of the airport or constitute a hazard to aircraft.
h. During time of war or national emergency, the Commission shall have the right to
enter into an agreement with the United States Government for military or naval
use of part or all of the landing area, the publicly-owned air navigation facilities
and/or other areas or facilities of the airport. If any such agreement is executed,
the provisions of this instrument, insofar as they are inconsistent with the
provisions of the agreement with the Government, shall be suspended.
i. It is understood and agreed that the rights granted by this Lease will not be
exercised in such a way as to interfere with or adversely affect the use,
operation, maintenance or development of the airport.
j. There is hereby reserved to the Commission, its successors and assigns, for the
use and benefit of the public, a free and unrestricted right of flight for the
passage of aircraft in the airspace above the surface of the premises herein
conveyed, together with the right to cause in said airspace such noise as may be
inherent in the operation of aircraft, now known or hereafter used for navigation
of or flight in the air, using said airspace or landing at, taking off from, or
operating on or about the airport.
k. The Lease shall become subordinate to provisions of any existing or future
agreement between the Commission and the United States of America or any
agency thereof relative to the operation, development, or maintenance of the
airport, 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.
26. 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.
27. Notices.
Any notice, for which provision is made in this Lease, shall be in writing, and may be
given by either party to the other, in addition to any other manner provided by law, in any
of the following ways:
a. by personal delivery to the Commission Chairperson
b. by service in the manner provided by law for the service of original notice, or
c. by sending said Notice by certified or registered mail, return receipt requested, to
the last known address. Notices shall be deemed to have been received on the
date of receipt as shown on the return receipt.
(1) If to the Commission, addressed to:
Iowa City Airport Commission
Iowa City Municipal Airport
1801 S. Riverside Drive
10
Iowa City, IA 52246
(2) If to Tenant, addressed to:
Wingnuts LLC / John Ockenfels
1370 Deerwoods Dr NE
Swisher IA 52338
Email: johnockenfels@hotmail.com
28. Airport Operations Specialist.
The Airport Operations Specialist is the person designated by the Commission to
manage the Hangar Space and to deliver all notices and demands from the
Commission, to receive keys to the Hangar Space as provided in Paragraph 14, and to
perform inspections as provided in Paragraph 14.
29. 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.
30. 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.
31. 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.
32. 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 Al PORT COMMISSION
By:
Title: CG (4 4 1 C (4 U v✓ 't,v Date: ,V'/ 2�
TENANT: Wingnuts LLC(1-. •
j
By: John Ockenfels
Title: Mgr. / Date:_03/13/2012
Approved:
Prepared by: Susan Dulek,Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240(319)356-5030
RESOLUTION NO.
RES•LUTION AUTHORIZING THE CHAIRPERSON TO SIG AND THE
SECR RY TO ATTEST TO A HANGAR LEASE WITH WIN NUTS, LLC
FOR HAN. ' R 71 IN HANGAR L.
WHEREAS, Wingnuts, L. C would like to enter into a lease for Hangar 7 in Hangar L; and
WHEREAS, public hearing w: held on the proposed lease on April 9, 2012; and
WHEREAS, the lease of said spa.- is in the public interest.
NOW, THEREFORE, BE IT RESOL ED BY THE CITY CI NCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Chairperson is hereby authorized t. sign and the ecretary to attest to the corporate
hangar lease, a copy of which is attached a • incorpora -d herein.
Passed and approved this day of , 2012. 1".., :?
• .MOWN
C I
::trnn
CH IRPER' •N r,
'proved by
ATTEST: • 4
SECRETARY City A orney's Office
It was moved by and seconded by the Resolution be
adopted, and upon roll call there wer-.
AYES: NAYS: ABSENT:
Assouline
Gardinier
Horan
Mascari
CORPORATE HANGAR LEASE
This 1-HANGAR LEASE ("Lease") entered into by and between the Iowa City Airport
Commission ("Commission") and Wingnuts LLC ("Tenant") in Iowa City, Iowa.
In consideration of the mutual covenants contained herein, and for other good and valuable
consideration, the parties hereby agree as follows;
1. Lease of the Hangar Space.
The Commiss an hereby leases to Tenant hangar space in Ha ar #_-T71 (the
"Hangar Space') located at the Iowa City Municipal Airport (the 'Airport") and described
as follows: Built ng L, Corporate Hangar, 56' wide x 62' dee with a 55' Bi-Fold Door
The Hangar Spa.- shall be used and occupied by Tenant pri cipally for the storage or
construction of the ollowing aircraft
Aircraft Make& Mode 1943 Boeing Stearman PT-17 & 194, North American 16
Aircraft Registration Numb:rN56878N515SA
• Aircraft Registered Owner N.. e Wingnuts LLC_--- ohn Ockenels
Registered Owner Home and : siness Telephone Nu •ers 319 321 4601
Email: iohnockenfels@hotmai corn
Tenant shall promptly notify the Corn 'ssion in writi, g of any change in the information
furnished above. Tenant may request •ermission to store a substitute aircraft in the
Hangar Space by making a written requst to the Airport Operations Specialist. In the
event Tenant is permitted to store a bstitu - aircraft in the Hangar Space, all
provisions of this Lease applicable to the Air raft shall also be applicable to the
substitute aircraft.
If the Tenant sells all of the aircraft listed a•• e and does not acquire replacement
aircraft within one-hundred eighty (180) day th= eof, Tenant shall immediately notify
the Commission, and this Lease shall be ter inate'. Tenant shall maintain a minimum
of one aircraft in hangar.
2. Term.
The term of this Lease shall commence on the date of o ,upancy and shall end on the
last day of the month of December, 20 . `
771
There shall be 3 option periods of 5 y-ars which may be exerci .ed by tenant.
The Option periods are for: --? c" t
January 1, 2018-Decemb- 31, 2022; _fir-;; 6
January 1, 2023-Decemb-r 31, 2027; 7,'
January 1, 2028-Decem•er31, 2032 .. �"
In the event an option is exer• sed, Rental Rate for the new period s all be adjusted by
the CPI Index based on the , PI index for the previous 5-year term. D-ta for the CPI-U,
US City Average, All Items Less Food and Energy: shall be used in dete ining any CPI
adjustment. Base Period 1982-1984=100
2
Tenant shall notify the Commission in writing of their intent to exercise options at least
ninety (90) days prior to the expiration of the then current lease term.
3. Rent.
For use of the Hangar Space, Tenant shall pay the Commission the amount of
650.00 per month, payable in advance on the first day of each
month. A 1.5% late fee (which is $ 9.75 per day) for rent not received
by the Commission will be charged after the fifteenth (15) day of each month. The rent
shall be paid pro -ta by the Tenant for any period of possession less than a full month.
4. Utilities
Tenant shall be response a le for the electric and gas utilities. Commission shall provide
the water utility. Tenant s .II maintain the internal hangar temperature at a level as to
not damage plumbing syste .
5. Security Deposit.
At the time of execution of this Le..e, Tenant shall pay to the -•mmission in trust the
sum of one month's rent to be held -s a rental deposit. • e termination of the Lease,
the Commission shall return the dep.-it to the Tenan -ss any amounts due to repair
damage, conduct cleanup or owed to e Commi = on. If the Tenant renews the lease,
the deposit will be held over for the ne term.
6. Use of the Hangar Space.
a. The Hangar Spa = shall b. used primarily for storage or
construction of the rcraft consistent with FAR and the Minimum Standards.
This provision is '•t to be construed as : prohibition for storage of maintenance
materials, cle- •ing materials, tools, parts, .ares, and other aircraft components.
b. Tenant fl y park his/her car in the Hangar S. ce during such time that Tenant is
using e Aircraft.
c. N. commercial activity of any kind shall be co •ucted by Tenant in, from or
ound the Hangar Space.
d. No maintenance, including painting, on the Aircraft • all be performed in the
Hangar Space or anywhere on the Airport without the 'nor written approval of
the Airport Operations Specialist, except such maintenan,e as performed by the
, Tenant on his or her own aircraft as permitted by the F . Tenant shall take
_steps to ensure that the performance of such maintenance work shall not
`3 ..damage the Hangar Space or the Airport where the work is performed or emit
offensive odors.
`Tenant shall be responsible and liable for the conduct of its employees and
invitees, and of those doing business with it, in and around the Hangar Space.
Tenant shall keep the Hangar Space clean and free of debris at all times.
f. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply
with all applicable ordinances, rules, and regulations established by any federal,
state or local government agency.
3
g. Tenant shall dispose of used oil only in approved receptacles.
h. At no time shall Tenant start or run his/her Aircraft engine(s) within the Hangar or
Hangar Space.
j. On the termination of this Lease, by expiration or otherwise, Tenant shall
immediately surrender possession of the Hangar Space and shall remove, at its
sole expense, the Aircraft and all other property therefrom, leaving the Hangar
Space in the same condition as when received, ordinary wear and tear excepted.
k. Tenant shall be liable for any and all damage to the angar or to the Hangar
Space caused by Tenant's use, including, but not F ited to, bent or broken
interior walls` damage due to fuel spillage, or damag to doors due to Tenant's
improper or n=•ligent operation.
7. Rights and Obligations 4 Tenant.
a. Tenant shall have at .II times the right of ingress to and egress from the Hangar
Space, except as p •vided in Paragraph 2. To ensure this right, the
Commission shalt make all reasonable effort, to keep adjacent areas to the
Hangar Space free and clear of all haza ds and obstructions, natural or
manmade.
b. Tenant shall be responsible t,' maintain e interior of the Hangar Space to
include janitorial services, maint-.ning all ' tenor lights, cleaning of stoppages in
plumbing fixtures and drain lines, clean" g of snow within two (2) feet of the
apron adjoining the Hangar Space, dis•osing of any debris or waste materials,
and maintaining any Tenant con•tr cted structures and equipment. The
Commission shall be the sole judge o the due maintenance undertaken by the
Tenant, and may upon written notic:, -quire specific maintenance work to be
completed. If such maintenance i not completed within a reasonable time
period, the Commission shall have •he rig't to perform such due maintenance,
and Tenant shall reimburse the C•mmissio, for the cost of such maintenance
upon presentation of a billing.
c. Tenant shall provide and maint:in hand fire e .nguisher for the interior of the
Hangar Space of the building i accordance with a•plicable safety codes.7
d. Tenant shall not store any m. erials outside the Han..rSpace. 4 `2 = y#
e. Tenant shall promptly notify he Commission, in writing, .f any repairs n4dedon-
the Hangar or to the Hang.,r Space. "
Ste'"
8. Rights and Obligations of the ommission. - -
a. The Commission sha at all times operate and maintain the •irport as a public
airport consistent w h and pursuant to the Sponsor's Ass ances given by
Authority to the Uni -d States Government under the Federal Air rt Act_
b. The Commissio shall not unreasonably interfere with the Ten is use and
enjoyment of the Hangar Space.
c. The Commission shall maintain and keep the Hangar and Hangar Spec 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
4
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 do such maintenance or
repair in a prompt, reasonable manner, as approved by the Commission.
d. Snow shall be removed from in front of Hangar Space to within at least two (2)
feet of the Hangar. Snow removal closer than two (2) feet is the responsibility of
the Tenant.
e. The Commission shall ensure appropriate grounds keeping is performed year
round.
9. Sublease/Assignment.
Tenant shall not sublease the Hangar Space or assign This Lease without the prior
written -•proval of the Commission. /
1
10. Condition o Premises.
Tenant shall ac •t the Hangar Space in present condition without any liability or
obligation on the •-rt of the Commissio' to make any alterations, improvements or
repairs of any kind on •r about said Hans ar Space.
11. Alterations.
Tenant shall have the permis-;on of the Airport Commission to alter the premises in the
following manners.
a. Construction of Offi - Space. Tenants may construct office space around the area
of utility access. ►, ice Space .hall be no bigger than 19'x10' and all construction
must be approv-• by Airport Op- ations Specialist, and by any other building code
official which ay be required. aintenance upkeep of the space will be the
responsibili of the tenant for the du tion of the lease.
b. Installati• of Automatic Garage Doo opener. Tenants may install an automatic
garage door opener. Maintenance upk�-p of the unit will be the responsibility of
the t- ant for the duration of the lease
12. Hazar• •us Materials.
a. With the exception of Paragraph 11c below, no "hazardous substance," as
defined in Iowa Code section 455B.411 (2011), ay be stored, located, or
'— ;; -,contained in the Hangar Space without the Cornsion prior written approval.
c_);--(The Iowa Code can be found online at www.le�cis.st. e.ia.us/IACODE . The. U.S.
3 to c Code can be found online at www.findiaw.comtcasecoth uscodes!index.html Federal
-:regulations can be found online at htt; :!Iwww.access...o.•.ovinaratcfr/cfr-(able_
ia r_3 7, earch.html. ) Petroleum products and their byproducts f. personal use may be
•-stored or present in the Hangar Space if said substances - e contained in
approved containers.
b. With the exception of Paragraph 11c below, Tenant shall handle, use, store and
dispose of fuel petroleum products, and all other non-"hazardous substances"
owned or used by it on the Airport in accordance with all applicable federal,
state, local and airport statutes, regulations, rules and ordinances. No waste or
disposable materials shall be released on the ground or in the storm sewers.
Should such materials be spilled or escape from storage or in any way
contaminate the Airport or property adjacent to the Airport through activities of
the Tenant, the Tenant shall be responsible for the clean up, containment and
5
otherwise abatement of such contamination at Tenant's sole cost and expense.
Further, Tenant shall notify the Commission and appropriate governmental
agency of such occurrence immediately. Should Tenant fail to do so, the
Commission may take any reasonable and appropriate action in the Tenant's
stead. The cost of such remedial action by the Commission shall be paid by the
Tenant.
c. Te 'ant may have the following materials stored in the Hangar Space:
• 5 gallons gasoline for moto ized tugs
• 1 gallon of cleaning solvent-
• 2 55 Gallon Drums for oil. The oil drums will be placed on
a spill containment pad ich would provide containment
for entire drum. Spill co, tainment is the responsibility of
the tenant to provide and maintain
13. Special Events.
During any special eve at the Airport, includi g but not limited to the Sertoma
Breakfast or Fly Iowa, Ten-nt acknowledges that he standard operating procedure at
the Airport may be altered s h that egress and ngress to the Hangar Space may be
altered by the Commission i writing. Tenan.s failure to comply with the altered
procedure is a default of this Le..e, and the Co mission may proceed to terminate this
Lease.
14. Airport Rules and Regulations. -- C=7
c-) �
Tenant agrees to be subject to Airport ru es and regulations upo�hr opt'io by ntP
Commission or provide 30-days notice t. terminate this Lease. Commission shall
provide Tenant with a copy of said rules - • regulations 30-days prior tQ=theet'effective
date. = 4 1-1ra
15. Access and Inspection. •-
The Commission has the right to este' and inspect t'e Hangar Space at any reasonable
time during the term of this Lease son at least 2,, hours notice to the Tenant for
any purpose necessary, incident- to or connecte• with the performance of its
obligations under the Lease or in t - exercise of its gove mental functions. In the case
of an emergency, the Commi-.sion may enter the .ngar Space without prior
notice but will provide notice o the Tenant after the f:ct. The Commission shall
not, during the course of any s'ch inspection, unreasonably terfere with the Tenant's
use and enjoyment of the H-ngar Space. At a minimum, t - Hangar Space will be
inspected annually. Upon exp ution of this Lease, the Tenant su sequently changes the
lock to the Hangar Spec,, he or she shall provide shall • ovide notice to the
Commission before he or :he does so and shall provide a new k- to the Commssion
within twenty-four hours o• doing so.
16. Insurance.
a. Tenant shat 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
6
Aircraft Liability, including incidental premises liability—
Each Occurrence $1,000,000
b. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall
name the Commission and the City of Iowa City, as additional insured. The
Commission and Tenant acknowledge that a Certificate of Insurance is attached
to this Lease. Tenant shall provide fifteen (15) days notice to the Commission
before cancellation of said insurance.
c. It is the Tenant's responsibility to keep the insurance certificate current. If the
Certificate of Insurance expires during the term of the lease, the Tenant must
provide a current certificate to the Cornmision within seven (7) days of when the
Certificate expires.
17. Casualty.
In the event the angar or Hangar Space, or the means • access thereto, shall be
damaged by fire o any other cause, the rent payabl= hereunder shall not abate
provided that the Ha oar Space is not rendered unten. table by such damage. If the
Hangar Space is rend- ed untenantable and Commis ..n elects to repair the Hangar or
Hangar Space, the rent hall abate for the period daring which such repairs are being
made, provided the dam-•e was not caused by - e acts or omissions of Tenant, its
employees, agent or invite:, in which case th- rent shall not abate. If the Hangar or
Hangar Space is rendered ntenantable an, Commission elects not to repair the
Hangar or Hangar Space, this ►.-ase shall ter inate.
18. Indemnity.
Tenant agrees to release, indem y and hold the Commission, its officers and
employees harmless from and ..ai -at any and all liabilities, damages, business
interruptions, delays, losses, cla. s, ju•:ments, of any kind whatsoever, including all
costs, attorneys' fees, and ex.-nses incl•-ntal thereto, which may be suffered by, or
charged to, the Commission •y reason of a' loss or damage to any property or injury
to or death of any person -rising out of or b, reason of any breach, violation or non-
performance by Tenan or its servants, emp •yees or agents of any covenant or
condition of the Lease •r by any act or failure to - t of those persons. The Commission
shall not be liable fo its failure to perform this Lea-- or for any loss, injury, damage or
delay of any natu - whatsoever resulting therefrom caused by any act of God, fire,
flood, accident, : rike, labor dispute, riot, insurrection, ar or any other cause beyond
Commission's ontrol.
19. Disclaimer of Liability.
-' The_Commission hereby disclaims, and Tenant hereby releas- the Commission from
any and all liability, whether in contract or tort (including strict liabi'ty and negligence) for
any less, damage or injury of any nature whatsoever susta ed by Tenant, its
employees, agents or invitees during the term of this Lease, includin-, but not limited to,
`yoss, damage or injury to the Aircraft or other property of Tenant that ay be located or
-stored in the Hangar Space, unless such loss, damage or injury i- 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.
7
20. Attorney Fees.
If the Commission files an action in district court to enforce its rights under this Lease
and if judgment is entered against the Tenant, Tenant shall be liable to and shall pay for
the Commission's attorney fees incurred in enforcing the Lease and in obtaining the
judgment.
21. Default.
This Lease shall be breached if: (a) Tenant fails • make the rental payment; or (b)
Tenant or the Commission fails to perform any other covenant herein and such default
shall c•ntinue for five (5) days after the receipt by t e other party of written notice.
Upon the default by Tenant, or at any time thea•after, during the cintinuance of such
default, th= Commission may take any of the ollowing actions and shall have the
following rig s aganst Tenant:
a. Ter ation. Commission may elec to erminate the lease by giving no less
than thirty 30) days prior written notic: thereof to Tenant and upon passage of
time specifi;. in such notice, this lea - and all rights of Tenant hereunder shall
terminate as Ily and completely an. with the same effect as if such date were
the date herin ed for expiration of he Term and Tenant shall remain liable as
provided in this .:ragraph.
b. Eviction. Corn ission shall hav- the immediate right upon Termination of this
lease to bring an ac'on for forcibl: entry and detainer.
c. Tenant to rema liable. o termination of this lease pursuant to this
paragraph by operatio or othe, ise, and no repossession of the hangar space
or any part thereof shall -lieve enant of its liabilities and obligations hereunder,
all of which shall survive s h —rmination, repossession, or reletting.
d. Damages. In the even f any termination of this lease or eviction from or
repossession of the hang- space or any part thereof by reason of the
occurrence of an Event of 'ie•-ult, Tenant shall pay to the Comission the rent
and other sums and charg:s re. ired to by paid by the Tenant for the period to
and including the end of th- Term.
22. Security. iv
Tenant acknowledges that th- FAA or another ..vernmental entity or.sitidivisi'on mayj
enact laws or regulations re..arding security at g= eral aviation airports-sucbi-.that the=
Commission may not be abl- to comply fully with it obligations under this Lease, and,
Tenant agrees that the Co mission shall not be liabl: for any damages to Tenant that'
may result from said non-c•mpliance.
23. Thirty(30) Days Termi -tion.
Either party to this L:ase shall have the right, with cause, to terminate this Lease by
giving thirty (30) day-. prior written notice to the other party.
24. Non-Discriminati•n.
Tenant shall n. 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
8
employment. "Public accommodation" shall include but not be limited to providing goods,
services, facilities, privileges and advantages to the public.
25. 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 pulp. e for which a Department of Transportation
program or activity is extended o for another purpose involving the provision of
similar services or benefits, the (I ensee, lessee, permittee, etc.) shall maintain
and operate such facilities and se ices in compliance with all other requirements
imposed pursuant to 49 CFR Pa 21, Nondiscrimination in Federally Assisted
Programs of the Department of T ansportation, and as said Regulations may be
amended.
b. Tenant, for itself, personal repre -ntatives, successors in interest, and assigned,
as a part of the consideration ereof, does hereby covenant and agree as a
covenant running with the land t at: (1) no person on the grounds of race, color,
or national .rigin shall be exclu4;ed from participation in, denied the benefits of,
or be othe e subject to disc mination in the use of said facilities, (2) that in
the constructi• of any impro ements on, over, or under such land and the
furnishing of se' ices thereon no person on the grounds of race, color, or
national origin sha be exclud=e from participation in, denied the benefits of, or
otherwise be subjec o discri nation, (3) that Tenant, shall use the premises in
compliance with all ot -r req rements imposed by or pursuant to 49 CFR Part
21, Nondiscrimination i F-•-rally Assisted Programs of the Department of
Transportation, and as sal. - -gulations may be amended.
c. It in understood and agreed h: nothing herein contained shall be construed to
grant or authorize the gr- ting af an exclusive right within the meaning of
Section 308 of the Federal •viation ct of 1958. This Lease shall be subordinate
to the provisions of any ou--tanding or uture agreement between the Commission
and the United States g,,vemment or e Commission and the State of Iowa
relative to the maintenan e, operation, or •-velopment of the Iowa City Municipal
Airport. Tenant acknowl=edges and agrees th= the rights granted to Tenant in this
Lease will not be exer'used so as to interfere .th or adversely affect the use,
operation, maintenan = or development of the Air.•rt
-'d. Tenant agrees to fur,ish service on a fair, equal an. of unjustly discriminatory
basis to all users ereof, and to charge fair, reas• able and not unjustly
_ y discriminatory price. for each unit or service; provided, t -t Tenant may make
-- Leasonable and n. -discriminatory discounts, rebates, or ot -r similar types of
.. in price reductions t• volume purchasers.
�•
3The Commissi• reserves the right (but shall not be obligated to Tenant) to
maintain and ill repair the landing area of the airport and all publicly-owned
N facilities of the airport, together with the right to direct and control all activities of
Tenant in this regard.
f. The Commission reserves the right further to develop or improve the landing
area and all publicly-owned air navigation facilities of the airport as it sees fit,
regardless of the desires or views of Tenant, and without interferences or
hindrance.
9
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 i•overnment for military or naval
use of part or all of the landing area, the public -owned air navigation facilities
and/or other areas or facilities of the airport. If . y such agreement is executed,
the provisions of this instrument, insofar as they are inconsistent with the
provi•ions of the agreement with the Governme t, shall be suspended.
It is un•erstood and agreed that the rights •;ranted by this Lease will not be
exercise in such a way as to interfere ith or adversely affect the use,
operation, aintenance or development of th.- airport.
j. There is her=•y reserved to the Commissi• , its successors and assigns, for the
use and ben:- it of the public, a free a,d unrestricted right of flight for the
passage of air aft in the airspace abo e the surface of the premises herein
conveyed, togeth_r with the right to caus- in said airspace such noise as may be
inherent in the ope ation of aircraft, no known or hereafter used for navigation
of or flight in the ..r, using said air.pace or landing at, taking off from, or
operating on or about e airport.
k. The Lease shall become subordi :te to provisions of any existing or future
agreement between the •mmissi'n and the United States of America or any
agency thereof relative to 'l e op•ration, development, or maintenance of the
airport, the execution of whish •as been or may be required as a condition
precedent to the expenditure o • •deral funds for the development of the airport.
26. Remedies Cumulative.
The rights and remedies with respe• to an of the terms and conditions of this Lease
shall be cumulative and not exclus. e, and s' -11 be in addition to all other rights and
remedies available to either party in aw or equit
27. Notices.
Any notice, for which provision i. made in this Leas- shall be in writing, and may be
given by either party to the other in addition to any othe manner provided by law, in any
of the following ways:
a. by personal delivery to e Commission Chairperson
b. by service in the man -r provided by law for the service if original notice, or
c. by sending said Noti•e by certified or registered mail, retu receipt requested, to
the last known addr•ss. Notices shall be deemed to have been received on the
date of receipt as s own on the return receipt.
(1) If to the •mmission, addressed to:
Iowa City Airport Commission l
Iowa City Municipal Airport
r�--
1801 S. Riverside Drive
crr
10
Iowa City, IA 52246
(2) If to Tenant, addressed to:
Wingnuts LLC /John Ockenfels
1370 Deerwoods Dr NE
Swisher IA 52338
Email: johnockenfels@hotrnail.com
28. Airport Operations Specialist.
The Air.ort Operations Specialist is the person designated by the Commission to
manage qe Hangar Space and to deliver all notices and demands from the
Commission, to receive keys to the Hangar Space as provided in Paragraph 14, and to
perform inspe• ions as provided in Paragraph 14.
29. Integration.
This Lease constitutes he entire agreement be een the parties, and as of its effective
date supersedes all prio independent agreem:nts between the parties related to the
leasing of the Hangar Sp-ce. Any change o' modification hereof must be in writing
signed by both parties.
30. Waiver.
The waiver by either party of any co•ena or condition of this Lease shall not thereafter
preclude such party from demanding •-r ormance in accordance with the terms hereof.
31. Successors Bound.
This Lease shall be binding a d shall i ure to the benefit of the heirs, legal
representatives, successors and :ssigns of the •arties hereto.
32. Severability.
If a provision hereof shall .e finally declared void or ill-•al by any court or administrative
agency having jurisdicti► over the parties to this Leas the entire Lease shall not be
void, but the remain',g provisions shall continue in e • ct as nearly as possible in
accordance with the ariginal intent of the parties.
IOWA CITY AIRPORT COMMISSION
By:
Title: Date:
r TENANT: Wingnuts LLC
Y: Joh OCit ,felejv( , i
--Title: lgr Date:_03/13/2012
Cv 1
Approved:
FILED
2012 APR -5 AM 11: 45
CITY CLEFO
fOVIA CITY,
Prepared by: Susan Dulek,Assistant City Attorney,410 E. Washington St., Iowa City, IA 52240(319) 356-5030
RESOLUTION NO. R/1 -
RESOLUTION
/1 -RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE
SECRETARY TO ATTEST TO A HANGAR LEASE WITH JET AIR, INC. FOR
HANGAR 72 IN HANGAR L.
WHEREAS, Jet Air, Inc. would like to enter into a lease for Hangar 72 in Hangar L; and
WHEREAS, public hearing was held on the proposed lease on April 19, 2012; and
WHEREAS, the lease of said space is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Chairperson is hereby authorized to sign and the Secretary to attest to the corporate
hangar lease, a copy of which is attached and incorporated herein.
Passed and approved this day of riA0 , 2012.
k--- ----\
AIR ERS
- 1 a
ATTEST: �^ S f
SECRETARY City Attorney's Office
,
It was moved by - . and seconded by <� the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Assouline
Gardinier
Horan
Mascari
CORPORATE HANGAR LEASE
This T-HANGAR LEASE ("Lease") entered into by and between the Iowa City Airport
Commission ("Commission") and _Jet Air Inc ("Tenant") in Iowa
City, Iowa.
In consideration of the mutual covenants contained herein, and for other good and valuable
consideration, the parties hereby agree as follows:
1. Lease of the Hangar Space.
The Commission hereby leases to Tenant hangar space in Hangar # 72 (the
"Hangar Space") located at the Iowa City Municipal Airport (the "Airport") and described
as follows: Building L, Corporate Hangar, 56' wide x 62' deep with a 55' Bi-Fold Door The
Hangar Space shall be used and occupied by Tenant principally for the storage or
construction of the following aircraft:
Aircraft Make & Model eg_SS4c, Maci L - or %Ane-r
Aircraft Registration Number NG94LV1 - — ' r °fir
Aircraft Registered Owner Name Je kr c_
Registered Owner Home and Business Telephone Numbers 311 - i p-Wo
Email: Nlakic-w @ jet o irkt Conti
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 Airport Operations Specialist. 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.
If the Tenant sells all of the aircraft listed above and does not acquire replacement
aircraft within one-hundred eighty (180) days thereof, Tenant shall immediately notify the
Commission, and this Lease shall be terminated. Tenant shall maintain a minimum of
one aircraft in hangar.
2. Term.
The term of this Lease shall commence on the date of occupancy and shall end on the
last day of the month of December, 2017.
There shall be 3 option periods of 5 years which may be exercised by Tenant.
The Option periods are for:
January 1, 2018-December 31, 2022;
January 1, 2023-December 31, 2027;
January 1, 2028-December 31, 2032
In the event an option is exercised, Rental Rate for the new period shall be adjusted by
the CPI Index based on the CPI index for the previous 5-year term. Data for the CPI-U,
US City Average, All Items Less Food and Energy: shall be used in determining any CPI
adjustment. Base Period 1982-1984=100
2
Tenant shall notify the Commission in writing of their intent to exercise options at least
ninety (90) days prior to the expiration of the then current lease term.
3. Rent.
For use of the Hangar Space, Tenant shall pay the Commission the amount of
$ 650.00 per month, payable in advance on the first day of each
month. A 1.5% late fee (which is $ 9.75 per day) for rent not received
by the Commission will be charged after the fifteenth (15) day of each month. The rent
shall be paid pro rata by the Tenant for any period of possession less than a full month.
4. Utilities
Tenant shall be responsible for the electric and gas utilities. Commission shall provide
the water utility. Tenant shall maintain the internal hangar temperature at a level as to
not damage plumbing systems.
5. Security Deposit.
At the time of execution of this Lease, Tenant shall pay to the Commission in trust the
sum of one month's rent to be held as a rental deposit. At the termination of the Lease,
the Commission shall return the deposit to the Tenant less any amounts due to repair
damage, conduct cleanup or owed to the Commission. If the Tenant renews the lease,
the deposit will be held over for the new term.
6. Use of the Hangar Space.
a. The Hangar Space shall be used primarily for storage or
construction of the Aircraft consistent with FAR and the Minimum Standards. This
provision is not to be construed as a prohibition for storage of maintenance
materials, cleaning materials, tools, parts, spares, and other aircraft components.
b. Tenant may park his/her car in the Hangar Space during such time that Tenant is
using the Aircraft.
c. No commercial activity of any kind shall be conducted by Tenant in, from or
around the Hangar Space.
d. No maintenance, including painting, on the Aircraft shall be performed in the
Hangar Space or anywhere on the Airport without the prior written approval of the
Airport Operations Specialist, 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 or emit offensive odors.
e. Tenant shall be responsible and liable for the conduct of its employees and
invitees, and of those doing business with it, in and around the Hangar Space.
Tenant shall keep the Hangar Space clean and free of debris at all times.
f. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply
with all applicable ordinances, rules, and regulations established by any federal,
state or local government agency.
g. Tenant shall dispose of used oil only in approved receptacles.
3
h. At no time shall Tenant start or run his/her Aircraft engine(s) within the Hangar or
Hangar Space.
j. On the termination of this Lease, by expiration or otherwise, Tenant shall
immediately surrender possession of the Hangar Space and shall remove, at its
sole expense, the Aircraft and all other property therefrom, leaving the Hangar
Space in the same condition as when received, ordinary wear and tear excepted.
k. Tenant shall be liable for any and all damage to the Hangar or to the Hangar
Space caused by Tenant's use, including, but not limited to, bent or broken
interior walls, damage due to fuel spillage, or damage to doors due to Tenant's
improper or negligent operation.
7. Rights and Obligations of Tenant.
a. Tenant shall have at all times the right of ingress to and egress from the Hangar
Space, except as provided in Paragraph 12. To ensure this right, the Commission
shall make all reasonable efforts to keep adjacent areas to the Hangar Space free
and clear of all hazards and obstructions, natural or manmade.
b. Tenant shall be responsible to maintain the interior of the Hangar Space to
include janitorial services, maintaining all interior lights, cleaning of stoppages in
plumbing fixtures and drain lines, cleaning of snow within two (2) feet of the apron
adjoining the Hangar Space, disposing of any debris or waste materials, and
maintaining any Tenant constructed structures and equipment. The Commission
shall be the sole judge of the due maintenance undertaken by the Tenant, and
may upon written notice, require specific maintenance work to be completed. If
such maintenance is not completed within a reasonable time period, the
Commission shall have the right to perform such due maintenance, and Tenant
shall reimburse the Commission for the cost of such maintenance upon
presentation of a billing.
c. Tenant shall provide and maintain hand fire extinguisher for the interior of the
Hangar Space of the building in accordance with applicable safety codes.
d. Tenant shall not store any materials outside the Hangar Space.
e. Tenant shall promptly notify the Commission, in writing, of any repairs needed on
the Hangar or to the Hangar Space.
8. Rights and Obligations of the Commission.
a. The Commission shall at all times operate and maintain the Airport as a public
airport consistent with and pursuant to the Sponsor's Assurances given by
Authority to the United States Government under the Federal Airport Act.
b. The Commission shall not unreasonably interfere with the Tenant's use and
enjoyment of the Hangar Space.
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
4
Tenant, its agents, servants, invitees or customer, there is a need for
maintenance or repair of damage, then Tenant shall do such maintenance or
repair in a prompt, reasonable manner, as approved by the Commission.
d. Snow shall be removed from in front of Hangar Space to within at least two (2)
feet of the Hangar. Snow removal closer than two (2) feet is the responsibility of
the Tenant.
e. The Commission shall ensure appropriate grounds keeping is performed year
round.
9. Sublease/Assignment.
Tenant may sublease space under the permissions granted by the FBO Agreement dated
November 1, 2001.
10. Condition of Premises.
Tenant shall accept the Hangar Space in its present condition without any liability or
obligation on the part of the Commission to make any alterations, improvements or
repairs of any kind on or about said Hangar Space.
11. Alterations.
Tenant shall have the permission of the Airport Commission to alter the premises in the
following manners.
a. Construction of Office Space: Tenants may construct office space around the area
of utility access. Office Space shall be no bigger than 19'x10' and all construction
must be approved by Airport Operations Specialist, and by any other building code
official which may be required. Maintenance upkeep of the space will be the
responsibility of the tenant for the duration of the lease.
b. Installation of Automatic Garage Door opener. Tenants may install an automatic
garage door opener. Maintenance upkeep of the unit will be the responsibility of the
tenant for the duration of the lease
12. Hazardous Materials.
a. With the exception of Paragraph 11c below, no "hazardous substance," as
defined in Iowa Code section 455B.411 (2011), may be stored, located, or
contained in the Hangar Space without the Commission prior written approval.
(The Iowa Code can be found online at www.legis.state.ia.us/IACODE . The. U.S.
Code can be found online at www.findlaw.com/casecode/uscodes/index.html Federal
regulations can be found online at http://www.access gpo.gov/nara/cfr/cfr-table-
search.html. ) Petroleum products and their byproducts for personal use may be
stored or present in the Hangar Space if said substances are contained in
approved containers.
b. With the exception of Paragraph 11c below, Tenant shall handle, use, store and
dispose of fuel petroleum products, and all other non-"hazardous substances"
owned or used by it on the Airport in accordance with all applicable federal, state,
local and airport statutes, regulations, rules and ordinances. No waste or
disposable materials shall be released on the ground or in the storm sewers.
Should such materials be spilled or escape from storage or in any way
contaminate the Airport or property adjacent to the Airport through activities of the
Tenant, the Tenant shall be responsible for the clean up, containment and
otherwise abatement of such contamination at Tenant's sole cost and expense.
Further, Tenant shall notify the Commission and appropriate governmental
5
agency of such occurrence immediately. Should Tenant fail to do so, the
Commission may take any reasonable and appropriate action in the Tenant's
stead. The cost of such remedial action by the Commission shall be paid by the
Tenant.
c. Tenant may have the following materials stored in the Hangar Space:
• 5 gallons gasoline for motorized tugs
• 1 gallon of cleaning solvents
• 2 55 Gallon Drums for oil. The oil drums will be placed on
a spill containment pad which would provide containment
for entire drum. Spill containment is the responsibility of
the tenant to provide and maintain
13. Special Events.
During any special event at the Airport, including but not limited to the Sertoma Breakfast
or Fly Iowa, Tenant acknowledges that the standard operating procedure at the Airport
may be altered such that egress and ingress to the Hangar Space may be altered by the
Commission in writing. Tenant's failure to comply with the altered procedure is a default
of this Lease, and the Commission may proceed to terminate this Lease.
14. Airport Rules and Regulations.
Tenant agrees to be subject to Airport rules and regulations upon adoption by the
Commission or provide 30-days notice to terminate this Lease. Commission shall
provide Tenant with a copy of said rules and regulations 30-days prior to their effective
date.
15. Access and Inspection.
The Commission has the right to enter and inspect the Hangar Space at any reasonable
time during the term of this Lease upon at least 24 hours notice to the Tenant for any
purpose necessary, incidental to or connected with the performance of its obligations
under the Lease or in the exercise of its governmental functions. In the case of an
emergency, the Commission may enter the Hangar Space without prior notice
but will provide notice to the Tenant after the fact. The Commission shall not, during
the course of any such inspection, unreasonably interfere with the Tenant's use and
enjoyment of the Hangar Space. At a minimum, the Hangar Space will be inspected
annually. Upon execution of this Lease, the Tenant subsequently changes the lock to the
Hangar Space, he or she shall provide shall provide notice to the Commission before he
or she does so and shall provide a new key to the Commssion within twenty-four hours of
doing so.
16. Insurance.
a. Tenant shall at its own expense procure and maintain general liability and
casualty insurance in a company or companies authorized to do business in the
State of Iowa, in the following amounts:
Type of Coverage
Aircraft Liability, including incidental premises liability-Each Occurrence$1,000,000
6
b. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall
name the Commission and the City of Iowa City, as additional insured. The
Commission and Tenant acknowledge that a Certificate of Insurance is attached
to this Lease. Tenant shall provide fifteen (15) days notice to the Commission
before cancellation of said insurance.
c. It is the Tenant's responsibility to keep the insurance certificate current. If the
Certificate of Insurance expires during the term of the lease, the Tenant must
provide a current certificate to the Commision within seven (7) days of when the
Certificate expires.
17. Casualty.
In the event the Hangar or Hangar Space, or the means of access thereto, shall be
damaged by fire or any other cause, the rent payable hereunder shall not abate provided
that the Hangar Space is not rendered untenantable by such damage. If the Hangar
Space is rendered untenantable and Commission elects to repair the Hangar or Hangar
Space, the rent shall abate for the period during which such repairs are being made,
provided the damage was not caused by the acts or omissions of Tenant, its employees,
agent or invitees, in which case the rent shall not abate. If the Hangar or Hangar Space is
rendered untenantable and Commission elects not to repair the Hangar or Hangar
Space, this Lease shall terminate.
18. Indemnity.
Tenant agrees to release, indemnify and hold the Commission, 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.
19. Disclaimer of Liability.
The Commission hereby disclaims, and Tenant hereby releases the Commission from
any and all liability, whether in contract or tort (including strict liability and negligence) for
any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees,
agents or invitees during the term of this Lease, including, but not limited to, loss,
damage or injury to the Aircraft or other property of Tenant that may be located or stored
in the Hangar Space, unless such loss, damage or injury is caused by the Commission's
gross negligence or intentional willful misconduct. The parties hereby agree that under no
circumstances shall the Commission be liable for indirect consequential, special or
exemplary damages, whether in contract or tort (including strict liability and negligence),
such as, but not limited to, loss of revenue or anticipated profits or other damage related
to the leasing of the Hangar Space under this Lease.
20. Attorney Fees.
7
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.
21. Default.
This Lease shall be breached if: (a) Tenant fails to make the rental payment; or (b)
Tenant or the Commission fails to perform any other covenant herein and such default
shall continue for five (5) days after the receipt by the other party of written notice.
Upon the default by Tenant, or at any time thereafter during the cintinuance of such
default, the Commission may take any of the following actions and shall have the
following rights aganst Tenant:
a. Termination. Commission may elect to erminate 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 herin 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 thereof shall relieve Tenant of its liabilities and obligations hereunder, all
of which shall survive such termination, repossession, 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 Comission the rent and other sums
and charges required to by paid by the Tenant for the period to and including the
end of the Term.
22. Security.
Tenant acknowledges that the FAA or another governmental entity or subdivision may
enact laws or regulations regarding security at general aviation airports such that the
Commission may not be able to comply fully with its obligations under this Lease, and
Tenant agrees that the Commission shall not be liable for any damages to Tenant that
may result from said non-compliance.
23. Thirty (30) Days Termination.
Either party to this Lease shall have the right, with cause, to terminate this Lease by
giving thirty (30) days' prior written notice to the other party.
24. Non-Discrimination.
Tenant shall not discriminate against any person in employment or public
accommodation because of race, religion, color, creed, gender identity, sex, national
origin, sexual orientation, mental or physical disability, marital status or age.
"Employment" shall include but not be limited to hiring, accepting, registering, classifying,
promoting, or referring to employment. "Public accommodation" shall include but not be
limited to providing goods, services, facilities, privileges and advantages to the public.
8
25. FAA Provisions.
a. Tenant, for itself, heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree
as a covenant running with the land that in the event facilities are constructed,
maintained, or otherwise operated on the said property described in this (license,
lease, permit, etc.) for a purpose for which a Department of Transportation
program or activity is extended or for another purpose involving the provision of
similar services or benefits, the (licensee, lessee, permittee, etc.) shall maintain
and operate such facilities and services in compliance with all other requirements
imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted
Programs of the Department of Transportation, and as said Regulations may be
amended.
b. Tenant, for itself, personal representatives, successors in interest, and assigned,
as a part of the consideration hereof, does hereby covenant and agree as a
covenant running with the land that: (1) no person on the grounds of race, color,
or national origin shall be excluded from participation in, denied the benefits of, or
be otherwise subject to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land and the furnishing
of services thereon, no person on the grounds of race, color, or national origin
shall be excluded from participation in, denied the benefits of, or otherwise be
subject to discrimination, (3) that Tenant, shall use the premises in compliance
with all other requirements imposed by or pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of
Transportation, and as said Regulations may be amended.
c. It in understood and agreed that nothing herein contained shall be construed to
grant or authorize the granting of an exclusive right within the meaning of Section
308 of the Federal Aviation Act of 1958. This Lease shall be subordinate to the
provisions of any outstanding or future agreement between the Commission and
the United States government or the Commission and the State of Iowa relative to
the maintenance, operation, or development of the Iowa City Municipal Airport.
Tenant acknowledges and agrees that the rights granted to Tenant in this Lease
will not be exercised so as to interfere with or adversely affect the use, operation,
maintenance or development of the Airport
d. Tenant agrees to furnish service on a fair, equal and not unjustly discriminatory
basis to all users thereof, and to charge fair, reasonable and not unjustly
discriminatory prices for each unit or service; provided, that Tenant may make
reasonable and non-discriminatory discounts, rebates, or other similar types of
price reductions to volume purchasers.
e. The Commission reserves the right (but shall not be obligated to Tenant) to
maintain. and in repair the landing area of the airport and all publicly-owned
facilities of the airport, together with the right to direct and control all activities of
Tenant in this regard.
f. The Commission reserves the right further to develop or improve the landing area
and all publicly-owned air navigation facilities of the airport as it sees fit,
regardless of the desires or views of Tenant, and without interferences or
hindrance.
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
9
other structure on the airport which in the opinion of the Commission would limit
the usefulness of the airport or constitute a hazard to aircraft.
h. During time of war or national emergency, the Commission shall have the right to
enter into an agreement with the United States Government for military or naval
use of part or all of the landing area, the publicly-owned air navigation facilities
and/or other areas or facilities of the airport. If any such agreement is executed,
the provisions of this instrument, insofar as they are inconsistent with the
provisions of the agreement with the Government, shall be suspended.
It is understood and agreed that the rights granted by this Lease will not be
exercised in such a way as to interfere with or adversely affect the use, operation,
maintenance or development of the airport.
j. There is hereby reserved to the Commission, its successors and assigns, for the
use and benefit of the public, a free and unrestricted right of flight for the passage
of aircraft in the airspace above the surface of the premises herein conveyed,
together with the right to cause in said airspace such noise as may be inherent in
the operation of aircraft, now known or hereafter used for navigation of or flight in
the air, using said airspace or landing at, taking off from, or operating on or about
the airport.
k. The Lease shall become subordinate to provisions of any existing or future
agreement between the Commission and the United States of America or any
agency thereof relative to the operation, development, or maintenance of the
airport, the execution of which has been or may be required as a condition
precedent to the expenditure of federal funds for the development of the airport.
26. 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.
27. Notices.
Any notice, for which provision is made in this Lease, shall be in writing, and may be
given by either party to the other, in addition to any other manner provided by law, in any
of the following ways:
a. by personal delivery to the Commission Chairperson
b. by service in the manner provided by law for the service of original notice, or
c. by sending said Notice by certified or registered mail, return receipt requested, to
the last known address. Notices shall be deemed to have been received on the
date of receipt as shown on the return receipt. •
(1) If to the Commission, addressed to:
Iowa City Airport Commission
Iowa City Municipal Airport
1801 S. Riverside Drive
Iowa City, IA 52246
10
(2) If to Tenant, addressed to:
U2k t -,-y4c —Amu Mf}TT W,
ISO 1 S. ?;atrt:�ci_ fir.
wQ4 SA ca-410
Email: Mod-t-e@;}qtr inc
28. Airport Operations Specialist.
The Airport Operations Specialist is the person designated by the Commission to
manage the Hangar Space and to deliver all notices and demands from the Commission,
to receive keys to the Hangar Space as provided in Paragraph 14, and to perform
inspections as provided in Paragraph 14.
29. 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.
30. 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.
31. 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.
32. Severability.
If a provision hereof shall be finally declared void or illegal by any court or administrative
agency having jurisdiction over the parties to this Lease, the entire Lease shall not be
void, but the remaining provisions shall continue in effect as nearly as possible in
accordance with the original intent of the parties.
IOWA CITY AIRPORT COMMISSION
By: /
Title: et tM S r C IA a i v 11 F cti„ Date: f q/i I l
TENANT: "eek fl&r larc ,
Title: Date:0 v/00 O 7
Approved:
(- ( �
City Attorney's Office
Prepared by: Susan Dulek, Assistant City Attorney,410 E. Washington St., Iowa City, IA 52240(319) 356-5030
RESOLUTION NO.
RESOLUTIO, AUTHORIZING THE CHAIRPERSON Ti SIGN AND THE
SECRETARY • ATTEST TO A HANGAR LEASE WITH JET AIR, INC. FOR
HANGAR 72 IN • NGAR L.
WHEREAS, Jet Air, Inc. would li'- to enter into a lease for Han•ar 72 in Hangar L; and
WHEREAS, public hearing was held •s the proposed lease an April 19, 2012; and
WHEREAS, the lease of said space is in t - public inter-st.
NOW, THEREFORE, BE IT RESOLVED B TH CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Chairperson is hereby authorized to sis an the Secretary to attest to the corporate
hangar lease, a copy of which is attached an. incorpo .ted herein.
Passed and approved this d- of , 2012. 17-7
3J
CHAIRPERSON r=, m
Ap roved b
ATTEST:
SECRETARY City Attorney's • ice
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Assouline
Gardinier
Horan
Mascari
CORPORATE HANGAR LEASE
This T-HANGAR LEASE ("Lease") entered into by and between the Iowa City Airport
Commission ("Commission") and Jet Air Inc ("Tenant") in Iowa
City, Iowa.
In consideration of the mutual covenants contained herein, and for other good and valuable
consideration, the parties hereby agree as follows:
1. Lease of the Hangar Space.
The Commission hereby leases to Tenant hangar space in Hangar # 72 (the
"Hangar Space") located at the Iowa City Municipal Airport (the "Airport") and described
as follows: Building L, Corporate Hangar, 56'wide x 62 deep with a 55' Bi-Fold Door The
Hangar Space shall be used and occupied by Ten.;nt principally for the storage or
construction of the following aircraft:
Aircraft Make & Model lc . . ('.'k },ate... 1_ - Or Ake-r
Aircraft Registration Number NC�y L t - , e- `ml-
Aircraft Registered Owner I4ame let 4 .rl �
Registered Owner Home and :usiness Teleprone Numbers 3t1 -?-1 - law.)
Email: lkaku'J(?`jck-airinik.C ivt
Tenant shall promptly notify the Co 'mi .ion in writing of any change in the information
furnished above. Tenant may requ-- permission to store a substitute aircraft in the
Hangar Space by making a written r ..uest to the Airport Operations Specialist. In the
event Tenant is permitted to store a -.ub.titute aircraft in the Hangar Space, all provisions
of this Lease applicable to the Aircr•.ft sh. I also be applicable to the substitute aircraft.
If the Tenant sells all of the ai-craft listeo above and does not acquire replacement
aircraft within one-hundred eigh (180) day thereof, Tenant shall immediately notify the
Commission, and this Lease all be termin-ted. Tenant shall maintain a minimum of
one aircraft in hangar.
2. Term.
The term of this Lease s :II commence on the da - of occupancy and shall end-on the
last day of the month of i-cember, 2017. r.; -m.
• - ; _v
There shall be 3 option .eriods of 5 years which may b- exercised by T tt i I Mo.,.
The Option periods - e for: -�;71 ' III
c,
January 1, ,I18-December 31, 2022; -e-, — aD
January 1,2023-December 31, 2027; -
January 1, 2028-December 31, 2032 r-
In the event an option is exercised, Rental Rate for the n.w period shall be adjusted by
the CPI Index based on the CPI index for the previous 5-y;ar term. Data for the CPI-U,
US City Average, All Items Less Food and Energy: shall be . ed in determining any CPI
adjustment. Base Period 1902-1984=100
2
Tenant shall notify the Commission in writing of their intent to exercise options at least
ninety (90) days prior to the expiration of the then current lease term.
3. Rent.
For use of the Hangar Space, Tenant shall pay the Commission the amount of
$ 650.00 per month, payable in advance on the first day of each
month. A 1.5% late fee (which is $ 9.75 per day) for rent not received
by the Commission will be charged after the fifteenth (15) day of each month. The rent
shall be paid pro rata by the Tenant for any period of possession less than a full month.
4. Utilities
Tenant shall be responsible for the electric and gas utilities. Commission shall provide
the water utility. Tenant shall maintain the internal hangar temperature at a level as to
not damage plumbing systems.
5. Security Deposit.
t the time of execution of this Lease, Tenant shall p_:y to the Commission in trust the
su of one month's rent to be held as a rental depo•.it, At the termination of the Lease,
the Co •. ission shall return the deposit to the Tena t less any amounts due to repair
damage, co •uct cleanup or owed to the Commission. If the Tenant renews the lease,
the deposit will :: held over for the new term.
6. Use of the Hangar Spac-.
a. The Hangar Space hall be sed primarily for storage or
construction of the Aircraft con " tent wit FAR and the Minimum Standards. This
provision is not to be construed : a prohibition for storage of maintenance
materials, cleaning materials, tools, pa ., spares, and other aircraft components.
b. Tenant may park his/her car in the Ha. gar S•-ce during such time that Tenant is
using the Aircraft.
c. No commercial activity of any kin• shall be condu ed by Tenant in, from or
around the Hangar Space.
d. No maintenance, including painti g, on the Aircraft shall b- performed in the
Hangar Space or anywhere on the Airport without the prior written–aRroval of the
Airport Operations Specialist, e cept such maintenance as perform by the
.Tenant on his or her own aircra 'as permitted by the FAA. Tenant shall take steps
— ito ensure that the performanc- of such maintenance work shall not damage the
i,Hangar Space or the Airport w ere the work is performed or emit offensive odors.
e �t--
. >_ETenant shall be responsibi- and liable for the conduct of its employees and
F---.invitees, and of those doin. business with it, in and around the Hangar Space.
�• c.L?:Tenant shall keep the Hang=r Space clean and free of debris at all times.
In utilizing the Hangar S%ace during the term of this Lease, Tenant shall comply
with all applicable ordi :noes, rules, and regulations established by any federal,
state or local government agency.
g. Tenant shall dispose of used oil only in approved receptacles.
3
h At no time shall Tenant start or run his/her Aircraft engine(s) within the Hangar or
Hangar Space.
j. On the termination of this Lease, by expiration or otherwise, Tenant shall
immediately surrender possession of the Hangar Space and shall remove, at its
sole expense, the Aircraft and all other property therefrom, leaving the Hangar
Space in the same condition as when received, ordinary wear and tear excepted.
k. Tenant shall be liable for any and all damage to the Hangar or to the Hangar
Space caused by Tenant's use, including, but not limited to, bent or broken
interior walls, damage due to fuel spillage, or damage to doors due to Tenant's
improper or negligent operation.
7. Rights and Obligations of Tenant.
a. Tenant shall ave at all times the right of ingress to and egress from the Hangar
Space, excep .s provided in Paragraph 12. . ensure this right, the Commission
shall make all r-.sonable efforts to keep adj. ent areas to the Hangar Space free
and clear of all ha•ards and obstructions, na ral or manmade.
b. Tenant shall be res.'risible to maintain the interior of the Hangar Space to
include janitorial servic.s, maintaining all nterior lights, cleaning of stoppages in
plumbing fixtures and dr_. lines, cleanint, of snow within two (2) feet of the apron
adjoining the Hangar Spate, disposin• of any debris or waste materials, and
maintaining any Tenant con- ructed st, ctures and equipment. The Commission
shall be the sole judge of th- due maintenance undertaken by the Tenant, and
may upon written notice, requi - sp:cific maintenance work to be completed. If
such maintenance is not com.l_ ed within a reasonable time period, the
Commission shall have the right t'. perform such due maintenance, and Tenant
shall reimburse the Commissi• or the cost of such maintenance upon
presentation of a billing.
c. Tenant shall provide and mai,tain han• fire extinguisher for the interior of the
Hangar Space of the building S accordanc with applicable safety_codes'
d. Tenant shall not store any r aterials outside t - Hangar Space.: _
41
e. Tenant shall promptly no fy the Commission, i writing, of anypepairs-heedettr
the Hangar or to the Ha gar Space.
8. Rights and Obligations of t e Commission. -�,
a. The Commission all at all times operate and mai 'ain the Airport as a public
airport consisten with and pursuant to the Spons•r's Assurances given by
Authority to the A nited States Government under the Fe,'eral 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
4
Tenant, its agents, servants, invitees or customer, there is a need for
maintenance or repair of damage, then Tenant shall do such maintenance or
repair in a prompt, reasonable manner, as approved by the Commission.
d. Snow shall be removed from in front of Hangar Space to within at least two (2)
feet of the Hangar. Snow removal closer than two (2) feet is the responsibility of
the Tenant.
e. The Commission shall ensure appropriate grounds keeping is performed year
round.
9. Sublease/Assignment.
Tenant may sublease space under the permissions granted by the FBO Agreement dated
November 1, 2001.
10. • •ndition of Premises.
Tenant •-Il accept the Hangar Space in its pr:sent condition without any liability or
obligation o he part of the Commission to m-. e any alterations, improvements or
repairs of any ki . on or about said Hangar Space.
11. Alterations.
Tenant shall have the permis .n of the Airport ommission to alter the premises in the
following manners.
a. Construction of Office Space; - Rants m. y construct office space around the area
of utility access. Office Space sha •e • bigger than 19'x10' and all construction
must be approved by Airport Operatio Specialist, and by any other building code
official which may be required. Mai to -nce upkeep of the space will be the
responsibility of the tenant for the dura 'on oft - lease.
b. Installation of Automatic Garage Do. opener. enants may install an automatic
garage door opener. Maintenance u•keep of the u will be the responsibility of the
tenant for the duration of the lease
12. Hazardous Materials.
a. With the exception of Paragrap' 11c below, no "hazardous bstance," as
defined in Iowa Code section ,.5B.411 (2011), may be stored, ocated, or
contained in the Hangar Spa - without the Commission prior wr en approval.
(The Iowa Code can be foun'a online at www.legis.state.ia.us/IACOD . The. U.S.
Code can be found online a www.findlaw.com/casecode/uscodes/index.ht Federal
regulations can be found o line at htt.://www.access.•.o.•ov/nara/cfr/cfr-tab
search.html. ) Petroleum • oducts and their byproducts for personal use may be
stored or present in the angar Space if said substances are contained in
:approved containers.
11.1 9). i,-;With the exception of •aragraph 11c below, Tenant shall handle, use, store and
0 Ln c dispose of fuel petr•leum products, and all other non-"hazardous substances"
›-(Owned or used by it .n the Airport in accordance with all applicable federal, state,
c„- ter .
CL. ...locaI and airport tatutes, regulations, rules and ordinances. No waste or
N �:-disposable mater":Is shall be released on the ground or in the storm sewers.
"Should such materials be spilled or escape from storage or in any way
contaminate the'Airport or property adjacent to the Airport through activities of the
Tenant, the Tenant shall be responsible for the clean up, containment and
otherwise abatement of such contamination at Tenant's sole cost and expense.
Further, Tenant shall notify the Commission and appropriate governmental
5
agency of such occurrence immediately. Should Tenant fail to do so, the
Commission may take any reasonable and appropriate action in the Tenant's
stead. The cost of such remedial action by the Commission shall be paid by the
Tenant.
c. Tenant may have the following materials stored in the Hangar Space:
• 5 gallons gasoline for motorized tugs
• 1 gallon of cleaning solvents
• 2 55 Gallon Drums for oil. The oil drums will be placed on
a spill containment pad which would provide containment
for entire drum. Spill containment is the responsibility of
the tenant to provide and maintain
13. Special Events.
During any special event at the Airport, including but of limited to the Sertoma Breakfast
or Fly Iowa, Tenant acknowledges that the standar, operating procedure at the Airport
may be altered such that,89ress and ingress to th- angar Space may be altered by the
Commission in writing. Teri nt's failure to comply with the altered procedure is a default
of this Lease, and the Commis ion may proceed'• terminate this Lease.
14. Airport Rules and Regulations.\
Tenant agrees to be subject to Ai tort r es and regulations upon adoption by the
Commission or provide 30-days noti.- tc, terminate this Lease. Commission shall
provide Tenant with a copy of said rules ,nd regulations 30-days prior to their effective
date.
15. Access and Inspection.
The Commission has the right to ent-r and inspec the Hangar Space at any reasonable
time during the term of this Lease .on at least 24 ours notice to the Tenant for any
purpose necessary, incidental to •r connected with e performance of its obligations
under the Lease or in the exercise of its government- functions. In the case of an
emergency, the Commissio may enter the Hanga Space without prior notice
but will provide notice to the Tenant after the fact. The ommission shall not, during
the course of any such ins aection, unreasonably interfere ith the Tenant's use and
enjoyment of the Hangar ',pace. At a minimum, the Hangar.`Space will be inspected
annually. Upon execution cf this Lease, the Tenant subsequently,.,changes the lock to the
Hangar Space, he or she shall provide shall provide notice to the Commission before he
or she does so and shal provide a new key to the Corn mssion withi'►,twenty-four hours of
doing so.
16. Insurance.
a. Tenant sh- I 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 lo a, in the following amounts:
T .e of overa.e
Aircraft Liability, including incidental premises liability- Each Occurrence$.1,000,00f
`-;fir :zr
I
-qr.-, C
.m..
6
b. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall
name the Commission and the City of Iowa City, as additional insured. The
Commission and Tenant acknowledge that a Certificate of Insurance is attached
to this Lease. Tenant shall provide fifteen (15) days notice to the Commission
before cancellation of said insurance.
c. It is the Tenants responsibility to keep the insurance certificate current. If the
Certificate of Insurance expires during the term of the lease, the Tenant must
provide a current certificate to the Comm ision within seven (7) days of when the
Certificate expires.
17. Casualty.
In the event the Hangar or Hangar Space, or the means of access thereto, shall be
damaged by fire or any other cause, the rent payable hereunder shall not abate provided
that the Hangar Space is not rendered untenantable by such damage. If the Hangar
Space is rendered untenantable and Commission elects to repair the Hangar or Hangar
Space, the rent shall abate for the period during which such repairs are being made,
provided the damage was not caused by the acts •r omissions of Tenant, its employees,
•ent or invitees, in which case the rent shall not aba e. If the Hangar or Hangar Space is
ren•- -d untenantable and Commission elects no to repair the Hangar or Hangar
Space, t ease shall terminate.
18. Indemnity.
Tenant agrees to releas- indemnify and h• d the Commission, its officers and
employees harmless from a • against any and all liabilities, damages, business
interruptions, delays, losses, clai , judgme s, of any kind whatsoever, including all
costs, attorneys' fees, and expenses ' ciden al thereto, which may be suffered by, or
charged to, the Commission by reason o -n loss or damage to any property or injury to
or death of any person arising out of or '• reason of any breach, violation or non-
performance by Tenant or its servants, em%loy-: or agents of any covenant or condition
of the Lease or by any actor failure to act •f those .-rsons. The Commission shall not be
liable for its failure to perform this Leas: or for any . s, injury, damage or delay of any
nature whatsoever resulting therefrom aused by any :ct of God, fire, flood, accident,
strike, labor dispute, riot, insurrection war or any other ause beyond Commission's
control.
19. Disclaimer of Liability.
The Commission hereby disclai -s, and Tenant hereby releases the C••u mission from
any and all liability, whether in c-rntract or tort (including strict liability and ne• ..ence) for
any loss, damage or injury of ary nature whatsoever sustained by Tenant, its e .loyees,
agents or invitees during th; term of this Lease, including, but not limited to\ loss,
damage or injury to the Aircr- t or other property of Tenant that may be located or stored
min the Hangar Space, unless such loss, damage or injury is caused by the Commission's
dross negligence or intentio'al willful misconduct. The parties hereby agree that under no
circumstances shall the ♦ommission be liable for indirect consequential, special or
:-=exemplary damages, whe her in contract or tort (including strict liability and negligence),
such..as; but not limited t'., loss of revenue or anticipated profits or other damage related
o the(leasing of the Ha oar Space under this Lease.
20. .:;Attorney Fees.
7
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.
21. Default.
This Lease shall be breached if: (a) Tenant fails to make the rental payment; or (b)
Tenant or the Commission fails to perform any other covenant herein and such default
shall continue for five (5) days after the receipt by the other party of written notice.
Upon the default by Tenant, or at any time thereafter during the cintinuance of such
default, the Commission may take any of the following actions and shall have the
following rights _ganst Tenant:
a. Termin- ion. Commission may elect to erminate the lease by giving no less
than thirty (3days prior written notice the -of to Tenant and upon passage of
time specified such notice, this lease an: all rights of Tenant hereunder shall
terminate as fui and completely and wit the same effect as if such date were
the date herin fix-• for expiration of the 'erm and Tenant shall remain liable as
provided in this par_•raph.
b. Eviction. Commi -ion shall have the immediate right upon Termination of this
lease to bring an actio for forcible ent' and detainer.
c. Tenant to remain 'able. No ermination of this lease pursuant to this
paragraph by operation o otherwis=, and no repossession of the hangar space or
any part thereof shall relie - Tena of its liabilities and obligations hereunder, all
of which shall survive such t- min:tion, repossession, or reletting.
d. Damages. In the event • .ny termination of this lease or eviction from or
repossession of the hangar spa,.e or any part thereof by reason of the occurrence
of an Event of Default, Tenant .h_ I pay to the Comission the rent and other sums
and charges required to by p. id b the Tenant for the period to and including the
end of the Term.
22. Security.
Tenant acknowledges that the 'AA or another governmental entity or subdivision may
enact laws or regulations reg- ding security at ge eral aviation airports such that the
Commission may not be abl- to comply fully with it• obligations under this Lea , and
Tenant agrees that the Corn rssion shall not be liabl: for any damages;#o,:Ter1tt that
may result from said non-co pliance. • •
23. Thirty (30) Days Termina on. 0 ,�
Either party to this Le--e shall have the right, with cause, .• terminate this-LLease'by'
giving thirty (30) days' !•rior written notice to the other party.
24. Non-Discrimination.
Tenant shall not discriminate against any person in en`tployment 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.
•
8
25 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 Tena , shall use the premises in compliance
with all other requirements imposed by or pursuant to 49 CFR Part 21,
•••iscrimination in Federally Assi- ed Programs of the Department of
Trans.. ation, and as said Regulation- may be amended.
c. It in understoo• -.nd agreed that not ing herein contained shall be construed to
grant or authorize t - granting of an :xclusive right within the meaning of Section
308 of the Federal Avi. ••n Act of 1';58. This Lease shall be subordinate to the
provisions of any outstan•i • or fut re agreement between the Commission and
the United States government • th: Commission and the State of Iowa relative to
the maintenance, operation, or •- elopment of the Iowa City Municipal Airport.
Tenant acknowledges and agrees th- the rights granted to Tenant in this Lease
will not be exercised so as to intei ere ' h or adversely affect the use, operation,
maintenance or development of t e Airport
d. Tenant agrees to furnish service on a fair, equ: and not unjustly discriminatory
basis to all users thereof, a • to charge fair, easonable and not unjustly
discriminatory prices for each nit or service; provi.-., that Tenant may make
reasonable and non-discrimin.tory discounts, rebates, •r other similar types of
price reductions to volume pup hasers.
e. The Commission reserves t' e right (but shall not be obligate. to Tenant) to
maintain and in repair the anding area of the airport and all publicly-owned
facilities of the airport, togeti er with the right to direct and control all activities of
r -tenant in this regard.
0..1 Li?. . jhe Commission reserves he right further to develop or improve the landing area
r_c r---,and all publicly-owned - r navigation facilities of the airport as it sees fit,
U. c..):regardless of the desire- or views of Tenant, and without interferences or
`-=hindrance.
g. The Commission reserves the right to take any action it considers necessary to
protect the aerial approaches of the airport against obstructions, together with the
right to prevent Tenant from erecting, or permitting to be erected, any building or
9
other structure on the airport which in the opinion of the Commission would limit
the usefulness of the airport or constitute a hazard to aircraft.
h. During time of war or national emergency, the Commission shall have the right to
enter into an agreement with the United States Government for military or naval
use of part or all of the landing area, the publicly-owned air navigation facilities
and/or other areas or facilities of the airport. If any such agreement is executed,
the provisions of this instrument, insofar as they are inconsistent with the
provisions of the agreement with the Government, shall be suspended.
It is understood and agreed that the rights granted by this Lease will not be
exercised in such a way as to interfere with or adversely affect the use, operation,
maintenance or development of the airport.
j. There is here reserved to the Commission, its successors and assigns, for the
use and benefi 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 ' ht to cause in said airspace such noise as may be inherent in
the operation of air aft, now known or hereafter used for navigation of or flight in
the air, using said ai pace or landing at, taking c-ff from, or operating on or about
the airport.
k. The Lease shall becom: subordinate to p ovisions of any existing or future
agreement between the •rnmission and e United States of America or any
agency thereof relative to e operation, •evelopment, or maintenance of the
airport, the execution of whi h has be- or may be required as a condition
precedent to the expenditure o •ederal fu ds for the development of the airport.
26. Remedies Cumulative.
The rights and remedies with respect to a of the terms and conditions of this Lease
shall be cumulative and not exclusive, a . • hall be in addition to all other rights and
remedies available to either party in law or equi .
27. Notices.
Any notice, for which provision is m.de in this Lea.e, shall be in wrifit`.g :ands may b&.
given by either party to the other, in .ddition to any of -r manner providedby IAr, in 4i1 "
of the following ways:
a. by personal delivery to the ommission Chairpers.
b. by service in the manner .rovided by law for the sery e of original notice, or
c. by sending said Notice .y certified or registered mail, -turn receipt requested, to
the last known addre . Notices shall be deemed to h:ve been received on the
date of receipt as sh• n on the return receipt.
(1) If to the Co, mission, addressed to:
Iowa City Airport Commission
Iowa City Municipal Airport
1801 S. Riverside Drive
Iowa City, IA 52246
10
(2) If to Tenant, addressed to:
Je - P},r,1AC —j\ JMATT W.
t$O S. a,Jar VAZ-
OA ITA
Email: Mot}}-�..�� Qkw;r ;nc • ra vv.
28 Airport Operations Specialist.
The Airport Operations Specialist is the person designated by the Commission to
manage the Hangar Space and to deliver all notices and demands from the Commission,
to receive keys to the Hangar Space as provided in Paragraph 14, and to perform
inspections as provided in Paragraph 14.
29. Integration.
This Lease constitutes the entire agreement between the pa les, and as of its effective
date supersedes all prior independent agreements betwee the parties related to the
leasing of he Hangar Space. Any change or modificatio hereof must be in writing
signed by b. h parties.
30. Waiver.
The waiver by either •-rty of any covenant or conditi. of this Lease shall not thereafter
preclude such party from •emanding performance in .ccordance with the terms hereof.
31. Successors Bound.
This Lease shall be binding a • shall inu'- to the benefit of the heirs, legal
representatives, successors and assi. •s of the aarties hereto.
32. Severability.
If a provision hereof shall be finally declar:d v• . or illegal by any court or administrative
agency having jurisdiction over the parties to th • Lease, the entire Lease shall not be
void, but the remaining provisions sh. I continua in effect as nearly as possible in
accordance with the original intent of the parties.
IOWA CITY AIRPORT COMMISSION
By:
Title: Date:
TENANT: �1e-� if- 4-1 .l✓te ,
,pp � Date:e) '/// / �—
Title. y� 2i-+��.--r>�-c�
Approved:
City Attorney's Office
`"=
��
cv
Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr. Iowa City.IA 52246(319)356 5045
RESOLUTION NO. /942 — /5'
RESOLUTION SETTING A PUBLIC HEARING FOR GROUND LEASE WITH JET
AIR,INC.
WHEREAS, Jet Air, Inc. would like to lease ground at the Iowa City Airport to construct a
hangar.
BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY:
1. That a pubic hearing on the lease terms and rates for the above-mentioned facilities is to
be held on the 17th day of May 2012 at 6:00pm in Iowa City Airport Terminal Building,
1801 S. Riverside Drive, Iowa City, Iowa,or if said meeting is cancelled,at the next
meeting of the Airport Commission thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public
hearing for the above-named project in a newspaper published at least once weekly and
having a general circulation in the City,not less that four(4)nor more than twenty(20)
days before said hearing.
3. That the copy of lease agreement is hereby ordered placed on file by the Chairperson in
the office of the City Clerk for public inspection
''Passed and approved this I day of 2012.
7
Q•:rim Approved By:
CHA 'i • iii
fit -r c
ATTEST: �� /�.
SECRETARY City Attorney's Office
It was moved by SLt
c-i. and seconded by I f^ the
Resolution be adopted, and upon roll call there were:
Ayes Nays Absent
`/ Assouline
Gardinier
./ Horan
1/ Mascari
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
RESOLUTION NO. fr /:.2 —/G
RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE
SECRETARY TO ATTEST A CONTRACT FOR AIRPORT MAINTENANCE,
SNOW REMOVAL, AND GROUNDSKEEPING SERVICES.
WHEREAS, the Iowa City Airport Commission desires to enter into a contract with Jet Air, Inc.
to provide for snow removal, grass cutting, and general maintenance services at the Airport; and
WHEREAS, both parties have agreed to the contract terms.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT:
The Chairperson is hereby authorized to sign and the Secretary to attest to the attached
amendment.
Passed and approved this / day of :1\ , 2012.
CHAIRPERS \`
Approved by
ATTEST:
SECRETARY City Attorney's Office
It was moved by itilL6ca and seconded by LTi A-, ' the Resolution be
adopted, and upon roll call there were:
Ayes Nays Absent
Assouline
f Mascari
1/ Gardinier
�/ Horan
h
j ;
AIRPORT MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into by and between the Iowa City Airport
Commission (Commission) and Jet Air, Inc. (Jet Air) in Iowa City, Iowa.
WHEREAS, the Commission is authorized to manage and operate the Iowa City
Municipal Airport (Airport);
WHEREAS, Jet Air is the current FBO at the Airport; and
WHEREAS, the Commission and Jet Air desire to enter into an agreement for snow
removal, grass cutting, and general maintenance services at the Airport.
NOW THEREFORE, it is hereby understood and agreed between the Commission and
Jet Air that:
1. Term. The term of this Agreement shall be from the May 1, 2012 until April 30,
2015.
2. Termination. Either party may terminate this agreement without cause upon
sixty (60) days written notice or as mutually agreed to by the parties. This
Agreement shall automatically terminate if a "Fixed Base Operator's Agreement"
between the parties is terminated or allowed to expire.
3. Scope of Services: This Agreement provides for the Iowa City Municipal Airport
Grounds keeping, Maintenance, and Snow Removal Operations to be conducted
by Jet Air, Inc. as further specified, but not limited to the following:
A. Snow. Jet Air shall:
(1) Remove all snow from the runway, ramp, tee hangars, parking lot,
sidewalks, area near the east and west entrances to the terminal,
and driveway.
(2) Apply salt, or similar material, to remove ice from the sidewalks and
the area near the east and west entrances to the terminal.
(3) Snow removal operations are to begin during a continuous snowfall
when one-quarter inch (1/4") of slush, one inch (1") of heavy wet
snow, or two inches (2") of dry snow has accumulated on the
Primary Runway
(4) Train its staff on airport operations relating to snow, including but
not limited to NOTAMs, runway lights, and carrying hand held radio
on safety sensitive areas.
B. Grass. Jet Air shall:
(1) Keep grasses mowed at the airport to a height no greater 6 inches.
(2) Trim and maintain all fence lines for weed growth.
(3) Trim and maintain areas around all entrance signage and displays.
Version Date:4/16/2012
C. Pavement. Jet Air Shall:
(1) Sweep all pavements to clear rocks and debris at minimum, once
per every 30 days.
(2) Spray with herbicide and remove weeds in pavements along
taxiways, runways, and in t-hangar areas.
(3) Fill potholes with cold asphalt patch as needed
(4) Notify Operations Specialist of pavement repairs requiring
remedies other than asphalt patching.
D. General Maintenance Duties. Jet Air shall:
(1) Notify the Airport Specialist of any malfunctioning safety or
communication equipment owned by the City and located at the airport.
(2) Issue Notices to Airmen, or to close the airport when, in the judgment of
Jet Air, said closing is necessary for safety reasons. Jet Air shall notify
the Commission chairperson in a reasonable time-frame upon decision to
close the airport.
(3) Complete all routine building maintenance, including but not limited to
changing light bulbs, changing ceiling tiles, repairing doors, interior paint,
and investigating problems with heating, air conditioning, plumbing, or
utility devices and repairing if able— or contacting the Operations
Manager if it is a task that requires professional services for repair.
(4) Complete all routine hangar maintenance, including but not limited to
repairing doors, wires, and seals, hangar skin. If the task requires
professional services for repair, then notify the Airport Operations
Manager to arrange professional services for repair.
(5) Maintain runway / taxi way lighting, including routinely replacing light
bulbs, checking for proper operation, and notifying the Airport Operations
Manager if there is a major electrical problem with the lighting
(6) Maintain all signage. Report any damaged or missing signage to
Operations Specialist.
(7) Monitor airport property for trash and other debris and remove as
necessary.
(8) Monitor airport fences for damage and repair as necessary. Notify Airport
Operations Specialist of repairs requiring professional services.
(9) Inspect and correct if able, or arrange repair of any malfunctioning safety
or communication equipment owned by the City or Commission and
located at the Airport within 48 hours after having received notification of
a malfunction of any safety or communication equipment. Jet Air shall
also notify the airport specialist or the Commission chairperson of said
equipment malfunction within 24 hours.
Version Date: 4/16/2012
(10) In addition the services listed in Paragraphs (1)-(7) above, perform all
necessary and/or routine maintenance at the airport consistent with
accepted airport maintenance and operational standards.
(11) Adhere to Commission purchase requisition and purchase order system.
Except as provided herein, the Commission shall pay the costs for all supplies,
parts, and materials or reimburse Jet Air for said costs. The Commission shall
reimburse Jet Air for purchases of supplies, parts, and materials up to but not
more than $500 per month in total without prior authorization. The Commission
is not obligated to reimburse Jet Air for any purchases in excess of $500 per
month in total unless prior authorization is granted by either Airport Commission
Chairperson or Operations Specialist
4. Equipment. The Commission shall provide the following City equipment for Jet
Air's use in pursuing the snow removal duties:
(1) Large pickup truck and blade (requires CDL off the airport)
(2) Regular pickup truck (non CDL off the airport)
(3) Tractor with following attachments, blade, loader, mower, and snow blower
(4) Skid Loader
(5) Snow fence
(6) Hand and riding mowers
(7) Parts for the above
(8) Fuel for the above
Jet Air shall not use the equipment listed above until the Commission trains Jet
Air employees on the use and operation of said equipment and shall only assign
qualified employees to operate the equipment.
The Commission shall maintain the equipment listed in Paragraph 4 at its cost.
Jet Air shall report to the operations specialist or the Commission Chairperson
within 48 hours the need to repair said equipment.
5. Fee. As compensation for said services rendered by Jet Air, the Commission
shall pay Jet Air a fee in the amount of $4,500.00 per month beginning May 1,
2012. Payments are due on the first day of the month.
6. Reporting of Activity. Jet Air shall provide a monthly written report due to the
Commission on the first day of each month detailing the repairs made, costs
associated, and any repair requests pending or unable to be completed.
7. Default. If Jet Air determines it cannot perform its duties and notifies the
Commission in writing that it is unable to perform under the contract, it shall
reimburse the Commission for the actual costs incurred during the 60 day period
following the Commission's receipt of said cancellation.
Version Date:4/16/2012
8. Nondiscrimination. Jet Air for itself, its heirs, personal representatives, and
successors in interest, as a part of the consideration hereof, does herPhy
covenant and agree that Jet Air shall use the premises in compliance with aii
other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination
in Federally Assisted Program of the Department of Transportation, and as said
regulations may be amended.
Jet Air 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.
10. Landing Area - General Aviation Provisions
The Commission reserves the right, but shall not be obligated to Jet Air to
maintain and keep in repair the landing area of the Airport and all the publicly
owned facilities of the Airport, together with the right to direct and control all
activities of Jet Air in this regard.
The Commission reserves the right to further 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 Jet Air and without interference or
hindrance.
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 Jet Air from erecting, or permitting to be erected, any building
or other structure on the Airport.
The Commission shall have the right to enter into an agreement with the United
States Government or the State of Iowa for military aircraft or naval use of part or
all of the landing areas, 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 provision of the
agreement with the government, shall be suspended.
11. Disclaimer of Liability and Indemnification. Except for liability arising out of gross
negligence or intentional willful misconduct, the Commission shall release,
acquit, and forever discharge Jet Air, its officers, agents, and employees from all
liability arising out of or connected with the use of City equipment or Jet Air
personnel while performing the duties related to this Agreement. The
Commission further agrees to indemnify, defend, and hold harmless Jet Air, its
officers, agents, and employees against any and all claims, of whatever
description, arising out of or connected with such use of City equipment or
performance of duties related to this Agreement, except for liability arising out of
gross negligence or intentional willful misconduct.
Version Date: 4/16/2012
l
12. Insurance. Jet Air 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:
Comprehensive General (or Premises) Liability - $1,000,000 per occurrence and
$2,000,000 aggregate.
Jet Air's insurance carrier shall be A rated or better by A.M. Best. Jet Air shall
name the Commission and the City of Iowa City, as additional insured. In
naming the City as an additional insured, the endorsement shall be on a primary
and non-contributory basis. Jet Air's liability insurance coverage shall include
products and completed operations and all losses arising out of Jet Air's duties
set forth in this agreement
Jet Air shall furnish the Commission with a Certificate of Insurance effecting
coverage required by this agreement, and said certification shall provide for thirty
(30) days notice of any material change or cancellation of the policy.
Jet Air shall provide its employees with workers compensation coverage as
required by Iowa law.
13. FAA. This Agreement shall be subordinate to the provisions of any existing or
future agreement between the Commission and the United States relative to the
operation 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 said Airport.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures this
(q day of v ,I 2012.
IOWA CITY AIRPORT COMMISSION JET AIR, INC. ✓'�
BY BY U
Chairp- .n
Date f/ g 2 Date yh9 //Z.-
Approved
/LApproved by:
Date
City Attorney's Office
Version Date:4/16/2012
Airport Maintenance Agreement-Appendix A
Jan Feb March April May _ June July Aug Sept Oct Nov Dec
Insepct pavenment for debris, sweep as required
Inspect pavement for potholes. Cold patch as
needed
Inspect all buildings for lights or any maint
needed/repaired
Inspect runway/taxiway lights/markers repace
repair as needed
Monitor and pick up trash on property and fence
lines
Monitor fences for damgae. Repair as needed
Monitor and notify any other issues that require
attention
Version Date:4/16/2012
1
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
RESOLUTION NO. )9'/2 — 1 7
RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE
SECRETARY TO ATTEST A CONTRACT FOR AIRPORT JANITORIAL
SERVICES.
WHEREAS, the Iowa City Airport Commission desires to enter into a contract with Jet Air, Inc.
to provide for janitorial services at the Airport; and
WHEREAS, both parties have agreed to the contract terms.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT:
1. The Chairperson is hereby authorized to sign and the Secretary to attest to the attached
amendment.
4I
pPassed and approved this / day of , 2012.
C PE SON
Approved b
11/17-t(./ .41ttfr..--____ L-Q.) - ( C. - / d_
ATTEST:
SECRETARY City Attorney's Office
It was moved by 60.ci%/1-'4-i and seconded by /" z— the Resolution be
adopted, and upon roll call there were:
Ayes Nays Absent
,.� Assouline
,/ Mascari
I/ Gardinier
c, Horan
.*
AIRPORT TERMINAL CLEANING AGREEMENT
THIS AGREEMENT is made and entered into by and between the Iowa City Airport
Commission (Commission) and Jet Air, Inc. (Jet Air) in Iowa City, Iowa.
WHEREAS, the Commission is authorized to manage and operate the Iowa City
Municipal Airport (Airport);
WHEREAS, Jet Air is the current FBO at the Airport;
WHEREAS, the Commission and Jet Air desire to enter into an agreement for Airport
Terminal Cleaning services at the Airport.
NOW THEREFORE, it is hereby understood and agreed between the Commission and
Jet Air that:
1. Term. The term of this Agreement shall be from May 1, 2012 until April 30, 2015.
2. Termination. Either party may terminate this agreement without cause upon
thirty (30) days written notice or as mutually agreed to by the parties.
3. Scope of Services.
A. Jet Air shall clean the public areas of the terminal building at a minimum of 5
(five) days per week, and preferably 7 (seven) days per week
Cleaning to include:
I. Vacuum the passenger waiting area, hallway, flight planning area,
upstairs conference room, and refreshment center room.
II. Empty all interior and exterior trash receptacles and take them to
the dumpster or recycling center.
III. Service all restrooms with toilet paper and accessories.
IV. Sanitize sinks, urinals, toilets, and exposed plumbing.
V. Clean all glass doors and windows to remove smudge marks and
smears.
B. At a minimum frequency of weekly:
I. Water all plants and remove cobwebs from walls and partitions.
II. Dust and mop hard surface floors.
III. Clean handrails and water fountains.
IV. Sweep exterior entranceway
Version Date 4/16/2012
A. r
r
C. At a minimum frequency of bi-weekly:
Jet Air shall complete the following tasks: Shine exposed
bathroom plumbing and drinking fountains with Brasso or similar
product.
D. At a minimum frequency of monthly:
Remove cobwebs from exterior walkway entrance
D. At a minimum of three times a year, or otherwise as needed.
Shampoo / Clean all carpets.
II. Dust and spot clean ceiling vents and light fixtures.
E. Jet Air shall annually:
Strip and wax hard surface floors, or arrange and provide for such
services
Jet Air shall purchase and maintain all equipment and supplies necessary to
complete the tasks included in this contract at their expense.
4. Fee. As compensation for said services rendered by Jet Air, the Commission
shall pay Jet Air a fee in the amount of $600.00 per month beginning May 1,
2012. Payments are due on the first day of the month.
5. Default. If Jet Air violates this agreement by failing to provide the services
described or fails to correct any confirmed deficiency after notification of such
deficiency, then this contract shall terminate.
6. Nondiscrimination. Jet Air for itself, its heirs, personal representatives, and
successors in interest, as a part of the consideration hereof, does hereby
covenant and agree that Jet Air shall use the premises in compliance with all
other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination
in Federally Assisted Program of the Department of Transportation, and as said
regulations may be amended.
Jet Air 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.
7. Disclaimer of Liability and Indemnification. Except for liability arising out of gross
negligence or intentional willful misconduct, Jet Air shall release, acquit, and
Version Date 4/16/2012
1 .
forever discharge the Commission, its officers, agents, and employees from all
liability arising out of or connected with the use of City equipment by Jet Air
personnel while performing the duties related to this Agreement. Jet Air further
agrees to indemnify, defend, and hold harmless the Commission, its officers,
agents, and employees against any and all claims, of whatever description, arising
out of or connected with such use of City equipment or performance of duties
related to this Agreement, except for liability arising out of gross negligence or
intentional willful misconduct.
8. ' Insurance. Jet Air 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:
Comprehensive General (or Premises) Liability - $1,000,000 per occurrence and
$2,000,000 aggregate.
Jet Air's insurance carrier shall be A rated or better by A.M. Best. Jet Air shall
name the Commission and the City of Iowa City, as additional insured. In
naming the City as an additional insured, the endorsement shall be on a primary
and non-contributory basis. Jet Air's liability insurance coverage shall include
products and completed operations and all losses arising out of Jet Air's duties
set forth in this agreement
Jet Air shall furnish the Commission with a Certificate of Insurance effecting
coverage required by this agreement, and said certification shall provide for thirty
(30) days notice of any material change or cancellation of the policy.
Jet Air shall provide its employees with workers compensation coverage as
required by Iowa law.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures this
qday of 2012.
IOWA CITY AIRPORT COMMISSION JET AIR, INC.
BY : BY
Chair.�on
Date Date `i A 5 /1 Z
Approved by:
( �� Date 4 ` 5 - t d
City Attorney's Office
Version Date 4/16/2012
i
lc
WEEKLY CLEANING CHECKLIST
Monday' Tuesday , . WGdriesday ,Thursday, Friday, Saturday;: -F.Siiiiii4viaii
Men;RR Urines(2x a day)
Clean Women's RR
Sweep Back Office
Sweep Terminal Floor
''-' d ,111',',,,,-,-4,I
Sweep Front Breezeway I Iii 4-Z 1 ,1i + , . ' , r
r� t
Moo Bac<Office _ ItilL.n.a Z,ifii rl .: 31 a f 14l(r'.T ; ''',.i..11:•,-.•f'' i� i �' •i,, r 't S y� ��?I �r
��i jr IUf i ' c,�[7 i a ,.i t,, ,t ,k. r,
Mop Terminal F:'} --i 1 y��yy ll` v.{{ g i 7;1I�,{�t+p�
-....-.__ >�uL -1 i ,7l' t, 1�5�, !fr t'{/' I( .V^ .,-','-'4:..:,4,..",-,,,I.:'-' ._,J,,_-__...:.,,..' T;i r
Mop Restrooms ifs �{�Ia �,k a..,a1? , 7 ;r ; E7� 4,',1:f:::-„`f.� > 2
�i :glia. , : sva ala
¢+,i, epi 1�l{ l r ,6, d :.n ,, jl) p 4 i , i �� _ .w"-.-
Vacuum Upstairs , f a 1i o ..,'a, ( ,I c ,it i, ( 4 ,.� 7. ,�i F')5Q r ;.1 tl �1 s:
p x I''G,�Yu��i ' }��` • ='I 141it�. f'I J lil l l ,1,'+ { a� Je r l tl ,
Vaccum Offices r I tl * Vf tJ i l 1„ ' 't i , ,r'. P) + l l•fir < @
Vacuum Terminal t iF ,�7(,i 4 `f � ;ii,>IS+t' 7" n f�p •, 1
�y,.�iiP>Ofi u. 1 + 2 4 I I jt..� 4, �' S .a'i !i!.�.�)�`b t� • .'. ,:..i,... <. . _
Vacuum Rugs 3 ? it it a,:�•i411 .11, Ir$.a t7 J f {, '
;e '' �} 1.2.1 i, -`-r--
Vacuum Lounge n , ‘,..4.;!''',-,1'4131.. , ri,�,l li , )G .
Organize Magazines&Top of Display Case i )ni<li�� i 1 ( tit .,r, r i n (!�i- , r �r 1 a 9+ t } 1!:i.1),:i;
Water Plants(3) 911.1 1. f�j
Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr. Iowa City,IA 52246(319)350 5045
RESOLUTION NO. /91,2- /5'
RESOLUTION SETTING A PUBLIC HEARING ON JUNE 21, 2012 FOR THE PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE
CONSTRUCTION OF "RUNWAY 7/25 PARALLEL TAXIWAY PAVING AND
LIGHTING" PROJECT, AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION
BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY:
1. That a pubic hearing on the plans, specifications, form of contract,and estimate of cost
for the construction of the above-mentioned project is to be held on the 21st day of June,
2012 at 6:00p.m. iln Iowa City Airport Terminal Building, 1801 S. Riverside Drive, Iowa
City, Iowa,or if said meeting is cancelled,at the next meeting of the Airport Commission
thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public
hearing for the above-named project in a newspaper published at least once weekly and
having a general circulation in the City, not less that four(4)nor more than twenty(20)
days before said hearing.
3. That the copy of plans, specifications,form of contract,and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the
Chairperson in the office of the City Clerk for public inspection
Passed and approved this i' '7 "day of � Ot "1 2012.
1.1P• Approved By:
CHAIRPERSO
' 4!� moi?a _ 510 a
ATTEST: _
SECRETARY City Attorney's Office
Assouline
Gardinier
Horan
Mascari
Moved 10. Mc, 5.t0r1 ck Sec & ecE
�� � (AL1 4,9f-f- + (A `P v r4o (b +( N\ .
Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr. Iowa City,IA 52246(319)350 5045
RESOLUTION NO. A/02
RESOLUTION AUTHORIZING THE CHAIRPERSON TO EXECUTE AND THE
SECRETARY TO ATTEST TO A LAND LEASE BETWEEN THE AIRPORT
COMMISSION OF THE CITY OF IOWA CITY,IOWA,AND JET AIR,INC.
WHEREAS,the Airport Commission of the City of Iowa City has negotiated a lease with Jet
Air, Inc. for land as east of Hangar H to construct a hangar; and
WHEREAS,the Commission finds the proposed lease to be proper and in the best interest of the
Iowa City Municipal Airport;
WHEREAS,a public hearing was held on May 17, 2012 on the proposed lease;and,
WHEREAS,the term of the lease shall be from June 1, 2012 through 31 May, 2042.
NOW,THEREFORE,BE IT RESOLVED BYU THE AIRPORT COMMISSION OF THE
CITY OF IOWA CITY:
1. That the proposed land lease is hereby approved.
2. That the Chairperson is directed and authorized to execute and the Secretary to attest to
the land lease between the Airport Commission and Jet Air, Inc.
It was moved by Hoer...-. and seconded by PG'c.G..' the Resolution be adopted,
and upon roll call there were:
Ayes Nays Absent
Assouline
t/ Gardinier
Horan
Mascari
1 fw
Passed and approved this 1 3 ' day of c` 2012.
Approved By:
CHAIRR N / /444
f
ATTEST: r"' l�" 4a'---- S I a.---
SECRETARY City Attorney's Office
•
IOWA CITY MUNICIPAL AIRPORT
GROUND/HANGAR LEASE
`,"A This Ground/Hangar Lease (the "Lease") is made as of the t) day of
tv`t^a 2012, by and between the Iowa City Airport Commission, having a
principal b diness address at 1801 S. Riverside Drive, Iowa City, IA 52240 ("Landlord") and Jet
Air, Inc. ("Tenant").
RECITALS
A. The City of Iowa City is the owner of fee title to premises situated in the City of
Iowa City, State of Iowa, commonly known as the Iowa City Municipal Airport. Landlord has the
authority to lease ground.
B. Tenant is Jet Air, Inc.
C. The parties desire to enter into a ground lease pursuant to which Landlord will
lease an unimproved portion of the Iowa City Municipal Airport as depicted on Exhibit A (the
"Leased Premises") for the purposes of construction an aircraft storage hangar and associated
apron.
D. Tenant has indicated a willingness and ability to properly keep, maintain, and
improve said ground in accordance with standards established by Landlord, if granted a lease
of sufficient term on said ground area.
In consideration of the foregoing and the mutual covenants hereinafter contained, and
for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the parties, Landlord and Tenant hereby agree as follows:
ARTICLE I
GRANT
1.01 Grant. Landlord hereby leases to Tenant the Leased Premises in accordance
with the terms and conditions hereinafter set forth.
ARTICLE II
CONDITION
2.01 Condition of Leased Premises. Tenant is taking possession of the Leased
Premises in an "as-is" condition as of the execution and delivery of this Lease. Landlord shall
have no obligation to perform any improvements, alterations, additions, repairs or replacements
thereto except those specifically defined in this lease.
t �
ARTICLE III
TERM
3.01 Initial Term. The term of this Lease shall commence on June 1, 2012 (the "Lease
Commencement Date") and shall continue thereafter until May 31, 2042 (the "Term) unless
sooner terminated as provided herein.
3.02 Options to Renew. There are no options to renew included in this lease
ARTICLE IV
RENT AND UTILITIES
4.01 Annual Base Rent. Commencing on June 1, 2012 and continuing on the first day
of each succeeding month, Tenant shall pay to Landlord, at the address specified in Section
17.05, or at such other place as Landlord may from time to time hereinafter designate to Tenant
in writing, annual rent ("Annual Base Rent") as follows:
Annual Base Rent: $.20 per square foot per year. For the period of June 1, 2012 — May
30, 2017. $1280 per year, payable monthly with payments due on the first day of the month.
$106.67 is due each month beginning June 1, 2012
Beginning June 1 2017, and every 5 years following the Annual Base Rent shall be
computed as follows: Annual Base Rent + CPI escalator as further defined.
(a) Definitions. For purposes of this provision, the following definitions shall
apply:
(1) the term "Consumer Price Index" or"CPI" shall mean the U.S. Bureau of
Labor Statistics Consumer Price Index for all Urban Consumers-U.S. City Average, seasonally
adjusted. (1982-84 equals 100).
(2) the term "Current CPI" shall mean the annual average of Consumer Price
Indices for the calendar year immediately preceding the Change Date.
(3) the term "Base CPI" shall mean the annual average of Consumer Price
Indices for the calendar year immediately preceding the year for which the Current CPI is
determined.
(4)the term "Change Date" shall mean February 1 of each year beginning
February 1, 2017.
(b) Adjustment. Effective on the Change Date, the Monthly Base Rent
hereunder shall escalate based on the following formula and illustrated by the following
example:
(1) Formula.
j(Current CPI —Base CPI) x Rent] + Rent = Escalated Rent
(Base CPI]
(2) Example re 2/1/13. The monthly base rent is $1,632. Assume the
Current CPI (annual average CPI for 2011) is 225.114 and that the Base CPI (annual average
CPI for 2012) is 228.537. Monthly base rent beginning February 1, 2013 would be $1,656.81.
3
[(228.537—225.114)x $1,632] + $1,632 = $1,656.81
225.114
(c) No Recomputations. No subsequent adjustments or recomputations,
retroactive or otherwise, shall be made to the Consumer Price Index due to any revision that
may later be made to the first published figure of the Consumer Price Index for any month.
(d) No Rent Decrease. In no event shall the Annual Base Rent for a given year
be less than the Annual Base Rent for the immediately preceding year.
(e) No Waiver. Any delay or failure of Landlord in computing or billing Tenant for
the escalation of Annual Base Rent as provided herein shall not constitute a waiver of or in any
way impair the continuing obligation of Tenant to pay such escalation of Monthly Base Rent.
(f) Change in Index. In the event that the Consumer Price Index ceases to use
1982-84=100 as the basis of calculation, the new CPI established by the U.S. Bureau of Labor
Statistics Consumer Price Index for all Urban Consumers-U.S. City Average, seasonally
adjusted, with a different base year shall be used.
Tenant may pay early without a prepayment penalty.
4.02 Net Lease. This Lease in every sense shall be without cost to the Landlord for
the development, maintenance, and improvement of the Leased Premises. It shall be the sole
responsibility of the Tenant to keep, maintain, repair and operate the entirety of the Leased
Premises and all improvements and facilities placed thereon at Tenant's sole cost and expense.
4.03 Utility Payments. Commencing with the Lease Commencement Date and
continuing throughout the Term, Tenant shall pay or cause to be paid all charges,
assessments, or taxes for gas, electricity, water, sewer, telephone, and all other utility services
incurred in connection with Tenant's use and occupancy of the Leased Premises.
4.05 Taxes. Commencing with the Lease Commencement Date and continuing
throughout the Term, Tenant shall pay all property taxes assessed on the Leased Premises
when they become due.
ARTICLE V
USE AND OCCUPANCY
5.01 Use. Tenant shall use the Leased Premises for the construction, use, and
support of corporate aviation hangar facilities.
5.02 Construction. Tenant shall use its best efforts to complete the construction of a
building facility on the Leased Premises for the operation of said hangar. Tenant's interest
under this Lease shall terminate and all payments hereunder shall be forfeited if Tenant does
not complete construction of the substantial improvements within one (1) year of the date of
execution of this Lease agreement. "Substantial improvements" means completion of the
construction in accordance with the plans and specifications approved by the Commission and
with city ordinances. The failure by Tenant to complete minimum improvements within a period
of one (1) year from the Lease Commencement Date shall be considered an event of Default
and Landlord shall have available all remedies set forth herein.
4
5.03. Licenses. Tenant shall, at Tenant's expense, obtain and maintain during the
Term of this Lease all licenses or permits necessary for the operation of Tenant's use of the
Leased Premises as defined in Section 5.01 herein and Tenant shall comply with any other
applicable rules and regulations governing the operation of Tenant's use of the Leased
Premises as required by any federal, state, or local government or regulatory authority or
agency.
5.04. Zoning. Tenant shall, at Tenant's expense, obtain any and all necessary zoning
approvals and permits required by local law or ordinance.
5.05. Restrictions
(a) Prohibited Uses. No use of the Leased Premises shall be permitted which
is offensive by reason of odor, fumes, dust, smoke, noise, or other pollution, nor shall any use
be permitted which is hazardous by reason of excessive danger of fire or explosion, which may
be injurious to any property or persons on or about the Iowa City Municipal Airport or that is in
violation of the applicable laws or regulations of any governmental authority. Any use that
negatively affects the operation of the Iowa City Airport is prohibited.
(b) Hazardous Materials. No Hazardous Materials of any kind shall be stored
on or disposed of on the lot. As used herein, Hazardous Materials shall mean:
1. Any "hazardous waste" as defined by the Resource Conservation
and Recovery Act of 1976, as amended from time to time, and rules or regulations promulgated
thereunder;
2. Any "hazardous substance" as defined by the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as amended from time to
time, and rules or regulations promulgated thereunder;
3. Any oil, petroleum products, and their byproducts; and
4. Any substance which is regulated by any federal, state, or local
governmental authority or that is the subject of any law, rule or regulation.
(c) Nuisances. No act constituting a nuisance as defined under the provision
of Chapter 657, Code of Iowa, or the common law of Iowa, shall be permitted, and the
restrictions pertaining to acts within a county in said Code chapter shall be applicable.
(d) Construction Site Standards. Construction and the conduct thereof shall
comply with all governmental requirements as to health and safety and shall meet the
standards set forth herein and as set forth by City ordinance. Such standards shall cover, but
not be limited to, the restrictions contained herein and additional regulations concerning erosion
control, parking for construction workers, office trailers on the lot, material storage, location of
telephones and vending machines, security design, location and disposal of sewage during
construction, cleaning and policing of the construction site and protection of streets, street right
of ways and property adjoining the building site. Said requirements may vary depending on
size, location and topography of a lot. During the course of construction, Tenant, its agents, and
contractors shall keep mud, dirt, debris and building materials off of all City roads. No
temporary building, job trailers or the like shall be permitted on the lot except those incident to
construction while an approved building is being constructed thereon and shall be removed
within 30 days following the issuance of a permanent certificate of occupancy by the City of
Iowa City. When the construction of a project is once begun, work thereon shall be prosecuted
diligently and continuously until full completion. Any building shall be substantially completed
•
5
prior to occupancy of any part thereof, and landscaping shall be fully completed within 30 days
of granting a certificate of occupancy, weather permitting. If the Tenant informs the Landlord in
writing within 30 days of issuance of the certificate of occupancy that weather will not permit the
completion of landscaping, the Landlord will provide the Tenant with an alternate deadline by
which to complete the landscaping. Tenant shall be liable for damage to airport facilities and
pavements used during construction activity.
(e) Parking. All vehicle parking areas and service drives shall be dust free,
hard-surface with a concrete curb and gutter.
(0 Landscaping. In connection with construction on the leased ground, the
Tenant shall be required to sod or seed the entire ground surface of the leased ground except
for building and parking sites and alternatively landscaped areas. The Tenant shall be
responsible for sodding or seeding shall maintain in good condition and appearance.
(g) Signs. All signage shall comply with city ordinances and be approved by
the Landlord.
(h) Lighting. All lighting shall be directed away from adjacent properties and
shall be positioned to eliminate glare on streets and highways. No neon lights, intermittent or
flashing lights shall be allowed. Only shaded light sources shall be used to illuminate signs,
facades, buildings, parking and loading areas. All lighting shall be reflected downward.
(i) Storage. No storage of any articles, goods, or materials shall be
permitted outside any building except of a temporary nature only and then only with the prior
written consent of the Landlord, who shall have the right, as a condition to any such approval, to
impose such limitations and screening requirements as it may deem to be in the best interests
of the area. Any such approval may be revoked by the Landlord if at any time any of such
limitations or screening requirements are not met.
(I) Utilities. All electric, telephone, and other utility lines on or servicing the
lot must be underground.
6
ARTICLE VI
IMPROVEMENTS; SURRENDER; PERSONAL PROPERTY;
ALTERATIONS; LIENS; MAINTENANCE; COMPLIANCE
6.01 Improvements and Personal Property.
(a) Title to Tenants Improvements. Any and all real property improvements,
alterations, modifications or additions on or to the Leased Premises made by Tenant during the
Term ("Improvements") shall be and remain the property of Tenant throughout the Term.
(b) Surrender. Upon expiration of the Term or termination of the Lease,
whether by breach, default, expiration of Lease, or otherwise, title to the Tenant's
Improvements shall be and become the sole and absolute property of Landlord, and Tenant
shall thereupon be required to, at Landlord's sole discretion, either: (i) return and deliver up the
Leased Premises in the same condition as when delivered to Tenant, normal wear and tear
excepted or (ii) return and deliver up to Landlord the Leased Premises and Tenant's
Improvements thereon. If Landlord chooses option (ii), said Improvements shall be surrendered
to and become the sole property of Landlord at that time, free and clear of any liens of
mortgages, deeds of trust, liens of mechanics, laborers or materialmen, and all other liens and
encumbrances other than any such liens and encumbrances incurred by Landlord, or such lien
or encumbrance which Landlord agrees in writing may survive the expiration of the Term or the
termination of the Lease.
(c) Removal of Personal Property. All items of furniture, furnishings,
inventories and other personal property acquired by Tenant for use on the Leased Premises
(the "Personal Property") shall be and remain the property of Tenant regardless of termination
of the Lease or expiration of the Term. Tenant shall remove from the Leased Premises all
Personal Property at or before the termination or expiration of the Lease. If Tenant fails to
remove such items within such period, then (i) such items shall be deemed abandoned by
Tenant and shall become the property of Landlord, and (ii) Landlord shall have the right to
remove and dispose of such items as Landlord, in its sole discretion, sees fit and to charge
Tenant the cost of doing so.
6.02 Alterations.
(a) Required or Discretionary Alterations. Tenant shall make all additions,
improvements, and alterations (hereinafter "Alterations") on the Leased Premises, and on and
to the Tenant's Improvements thereon, required by any governmental authority or which may be
made necessary by the act or neglect of Tenant, its employees, agents or contractors, or any
persons, firm or corporation, claiming by, through or under Tenant. Except as provided in the
immediately preceding sentence, Tenant shall not make any other Alterations to the Leased
Premises without Landlord's prior written consent, which consent shall not be unreasonably
withheld or delayed.
(b) Performance Standards. Prior to making any Improvements or
Alterations, Tenant shall submit to Landlord for approval the following items:
Final plans and specifications, together with a certificate from
Tenant's architect that the final plans and specifications are in compliance with all applicable
laws and ordinances;
ii. A good faith estimate by Tenant's architect of the cost of
constructing the Improvements or Alterations;
•
7
Names and addresses of proposed contractors and
subcontractors;
iv. A copy of the signed contract or contracts for the full cost of
construction of the Improvements or Alterations in accordance with the final plans and the cost
estimate of Tenant's architect;
v. Necessary permits or satisfactory evidence that a permit is not
required. Landlord shall determine in its reasonable discretion the sufficiency of such evidence;
vi. Certificates of insurance required by Section 8.01 naming
Landlord and the City of Iowa City as additional insureds and including builder's risk, liability and
worker's compensation insurance and such other insurance customarily obtained during
construction as is reasonably requested by Landlord; and
vii. Completion assurances in the form of an Irrevocable Letter of
Credit or Payment and Performance Bond in accordance with Section 6.02(c) below, both
drawn to the benefit of Landlord, or as may be required by Landlord. Such completion
assurances must be acceptable to Landlord in both form and substance, and must also be
obtained from companies satisfactory to Landlord.
In addition, Tenant shall, upon Landlord's written request, provide
Landlord with evidence satisfactory to Landlord of Tenant's financial ability to pay for the
Improvements or Alterations. Landlord may also require that Tenant secure, at Tenant's
expense, evidence satisfactory to assure Landlord's title in the Leased Premises against
mechanic's liens arising out of any work, alterations or improvements made to the Leased
Premises by Tenant as provided in Section 6.03 hereinbelow. Tenant shall not commence to
perform any Improvements or Alterations costing in excess of $10,000.00 without obtaining
Landlord's prior written consent, which consent shall not be unreasonably withheld. All
permitted Improvements or Alterations shall be performed with new materials, in a good and
workmanlike manner, strictly in accordance with the final plans and specifications approved by
the Landlord, and in accordance with any and all Legal Requirements as such term is defined in
Section 6.05. Upon completion of any such work by or on behalf of Tenant, Tenant shall provide
Landlord with such documents as Landlord may require evidencing payment in full for such
work, such as lien waivers, and "as-built" working drawings. In the event Tenant performs any
work not in compliance with the provision of this Section 6.02(b), Tenant shall, upon written
notice from Landlord, immediately remove such work and restore the Leased Premises to their
condition immediately prior to the performance thereof. If Tenant fails to so remove such work
and restore the Leased Premises as aforesaid, Landlord may, at its option, and in addition to all
other rights or remedies of Landlord under this Lease, at law or in equity, enter the Leased
Premises and perform said obligation of Tenant and Tenant shall reimburse Landlord for the
cost to the Landlord thereof, immediately upon being billed therefore by Landlord. Such entry by
Landlord shall not be deemed an eviction or disturbance of Tenant's use or possession of the
Leased Premises, nor render Landlord liable in any manner to Tenant.
(c) Performance Bonds. Unless exempt or unless this requirement is waived
by Landlord, Tenant, at its own cost and expense, shall cause to be executed, and delivered to
Landlord two separate bonds, as follows:
(i) Prior to the date of commencement of construction, a contract
surety bond in a sum equal to the full amount of the construction contract awarded by Tenant
for construction of the improvements on the Leased Premises.
8
Said bond shall be drawn in a form and from such company as approved
by Landlord; shall guarantee the faithful performance of necessary construction and completion
of improvements in accordance with approved final plans and detail specifications; and shall
guarantee Landlord against any losses and liability, damages, expenses, claims, and
judgments caused by or resulting from any failure of Tenant, or Tenant's contractor, to perform
completely the work described as herein provided and to pay all bills for labor, supplies,
material and equipment incident thereto.
In lieu of said bond, Tenant may deposit the amount of said bond in a
local depository institution selected by Tenant to remain until Tenant's general contractor has
delivered to Landlord a waiver of all claims against the Leased Premises for labor done and
materials furnished and for a period of four months after the Landlord's building inspector
approves final completion of the construction of improvements, provided no mechanic's liens
have been filed against the Leased Premises during that time, at which time such deposit shall
be refunded to Tenant. All earnings from said deposit shall be the property of Tenant.
(ii) Prior to the commencement of this Lease, a surety bond in the
sum at least equal to one (1) year's rental. Said bond shall be conditioned on the faithful
performance of all terms, conditions, and covenants of this Lease, shall be renewable annually,
and shall be kept in full force and effect for the complete term of this Lease.
At Tenant's option, an amount equal to one (1) year's rental may
be deposited with Landlord in lieu of said performance bond.
6.03 Liens. Tenant shall not cause or permit any liens to be attached to, placed on or
filed against the Landlord's interest in the Leased Premises or Tenant's Improvements in
connection with any construction, alteration, demolition, repair or restoration work Tenant
performs or causes to be performed on the Leased Premises. If, however, at any time, in
connection with the planning, construction, alteration, demolition, repair or restoration work
Tenant performs or causes to be performed on the Leased Premises, any liens of mechanics,
laborers or materialmen shall be filed against, attached to or placed on the Leased Premises,
the Tenant's Improvements or any part thereof relating to work described above, Tenant shall,
at its expense, cause the same to be discharged, by payment, bonding or otherwise as
provided by law, within fifteen (15) days after Tenant receives notice that the lien was filed,
except for such liens that may have been incurred by Landlord arising from Landlord's actions.
Nothing herein contained shall in any way prejudice the rights of Tenant to contest in good faith
to final judgment or decree any such lien prior to payment thereof, provided that Tenant shall
(a) furnish and keep in effect a surety bond of a responsible and substantial surety company,
acceptable to Landlord, in an amount sufficient to pay 125% of the amount of such contested
lien claim with all interest thereon and costs and expenses with respect thereto, or (b) provide
other security reasonably satisfactory to Landlord. Upon final determination of the validity of
such contested lien or claim, Tenant shall immediately pay the amount finally determined to be
due thereon including any judgment or decree rendered in connection therewith, with all
property costs and charges and shall cause any such lien to be released of record without cost
to Landlord and during the pendency of any such contest, Tenant shall save and keep Landlord
harmless from any claim or loss by reason thereof. Tenant's failure to comply with the terms of
this Section 6.03 shall be considered a Default under the Lease, and Landlord shall have the
right to any and all remedies against Tenant as set forth in Section 13.02 herein.
6.04 Maintenance. Tenant shall, throughout the Term, at its sole cost and expense,
maintain the Leased Premises and all buildings and improvements at any time erected thereon,
any unimproved portion of the Leased Premises and all Personal Property installed therein, in
good repair and in a safe, clean, sightly and sanitary condition. In the event that Tenant, in
Landlord's reasonable judgment, fails to comply with its repair and maintenance obligations
9
under this Section 6.04, Landlord may, but shall not be obligated to, in addition to its remedies
under Article XIII, perform all repairs and maintenance which in Landlord's reasonable judgment
is required to bring the Leased Premises, Tenant's Improvements and Personal Property into
compliance with the repair and maintenance standards of this Section 6.04.
6.05 Compliance with Legal Requirements. Tenant shall, throughout the Term, at its
sole cost and expense, promptly comply with all applicable laws, ordinances and regulations of
governmental entities having jurisdiction over the Leased Premises (including, but not limited to
all local zoning use restrictions and requirements), and all policies of insurance applicable to the
Leased Premises (collectively, "Legal Requirements"). Tenant shall not conduct or permit any
person to conduct any unlawful activity on the Leased Premises or any use or activity in
violation of (a) any Legal Requirements, including but not limited to zoning or other land use
laws or ordinances, or (b) any private restrictive covenants applicable to the Real Estate.
Furthermore, Tenant shall not cause or allow any activity which causes air, water, soil or noise
pollution, which would violate any Legal Requirements or which would otherwise constitute a
nuisance or reasonably objectionable intrusion into or interference with the use of any
surrounding property.
6.06 Non-Discrimination. Tenant covenants, in consideration of the right to lease
property at Iowa City Municipal Airport, that Tenant, its employees, and agents 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, upgrading, or referring to employment. "Public
accommodation" shall include but not be limited to providing goods, services, facilities,
privileges and advantages to the public. Tenant shall remain in compliance with all
requirements of 49 C.F.R. Part 21, Non-Discrimination in Federally Assisted Programs of the
Department of Transportation.
ARTICLE VII
INSURANCE, DAMAGE AND DESTRUCTION
7.01 Insurance. Tenant 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:
Type of Coverage
a. Property Insurance - 100% of the replacement cost value on any building, on an "all
risk° or Special Causes of Loss basis or equivalent form. City of Iowa City shall be
named as a Loss Payee on the property insurance policy with Clause C. Loss
Payable of ISO form CP1213 0607 (or other equivalent form)
b. Liability- $1,000,000 occurrence/$2,000,000 aggregate limits on a "Garage Liability"
form (or equivalent combined premises and auto liability form) whereby such
insurance includes all operations conducted on the premises and any auto or
motorized vehicle or trailer operated by or on behalf of the tenant.
c. Excess Liability $1,000,000 occurrence/$1,000,000 aggregate.
City of Iowa City and the Airport Commission shall be named as an additional insured on
the Garage Liability and the policy shall be endorsed with the Government Immunity
endorsement provided below. Certificate of insurance will be provided evidencing
10
coverage. All insurance companies involved should have an A.M. Best rating of A- or
higher. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this
lease agreement, Certificates of Insurance and copies of said policies, naming the
Landlord and the City of Iowa City, Iowa as additional insureds. Tenant shall provide
fifteen (15) days' notice to the Landlord before cancellation of said insurance.
Governmental Immunities Endorsement
1. Non-waiver of Government Immunity. The insurance carrier expressly agrees
and states that the purchase of this policy and the including of the City of Iowa City,
Iowa and the Iowa City Airport Commission as Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Iowa City, Iowa, or
the Iowa City Airport Commission under Code of Iowa Section 670.4 as it now exists
and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of
insurance shall cover only those claims not subject to the defense of governmental
immunity under the Code of Iowa Section 670.4 as it now exists and as it may be
amended from time to time. Those claims not subject to Code of Iowa Section 670.4
shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Iowa City, Iowa and the Iowa
City Airport Commission shall be responsible for asserting any defense of
governmental immunity, and may do so at any time and shall do so upon the timely
written request of the insurance carrier. Nothing contained in this endorsement shall
prevent the carrier from asserting the defense of governmental immunity on behalf
of the City of Iowa City and/or the Iowa City Airport Commission.
4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under
this policy and the insurance carrier shall not deny any of the rights and benefits
accruing to the City of Iowa City, Iowa and the Iowa City Airport Commission under
this policy for reasons of governmental immunity unless and until a court of
competent jurisdiction has ruled in favor of the defense(s) of governmental immunity
asserted by the City of Iowa City, Iowa and the Iowa City Airport Commission.
5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa,
and the Iowa City Airport Commission agree that the above preservation of
governmental immunities shall not otherwise change or alter the coverage available
under the policy.
d. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa.
7.02 Subrogation: Subrogation rights are not to be waived unless a special provision
is attached to this lease.
7.03 Damage or Destruction.
(a) Tenant's Obligation to Restore. If any or all of the Tenant's Improvements
shall be damaged or destroyed by fire or any other casualty, then Tenant shall have the right,
exercisable by giving written notice thereof to Landlord within fifteen (15) days after the
determination thereof, to terminate this Lease. Damaged means when the cost to repair the
Improvements exceeds the current value of the Improvements as determined by the Landlord.
(i) If the Lease is not terminated, then Tenant shall be obligated to
repair and restore Tenant's Improvements, as hereinafter provided. Such repair or restoration
shall be commenced within ninety (90) days after the date the casualty occurs, and shall be
completed within a reasonable period thereafter not to exceed twelve (12) months. If the Tenant
shall fail to commence or complete such repairs and restoration work within the time periods set
•
11
forth in the preceding sentence, except for reasons due to strike, shortage of labor or materials,
war, or an act of God, Landlord shall have the right to immediately terminate this Lease. In
performing such restoration, Tenant shall substantially comply with the conditions applicable to
Alterations, including but not limited to, Section 6.02. All insurance proceeds collected for such
damage or destruction shall be paid to a depositary approved by Landlord, Tenant, and any
entity having a security interest in the Lease. Such insurance proceeds shall be made available
to be applied toward the cost of such repairs or restoration. If the insurance proceeds shall be
insufficient for said repair or restoration, Tenant shall make up the deficiency out of Tenant's
funds. In all cases, due allowance shall be made for reasonable delay caused by adjustment of
insurance claims, loss, strikes, governmental approval, labor difficulties or any cause beyond
either party's reasonable control.
(ii) If the Lease is terminated in accordance with this Section
13.02(a), then Tenant shall demolish the Tenant's Improvements and restore the Leased
Premises to its condition prior to the Lease Commencement Date, and the effective date of the
termination shall occur upon completion of such demolition and restoration work, as if such date
were specified as the expiration date of the Term. In such event, the insurance proceeds shall
be applied to pay for the demolition of the Tenant's Improvements and the restoration of the
Leased Premises, as previously provided, and thereafter, Tenant shall receive any remaining
proceeds.
(b) Remedies. If Tenant shall not enter upon the repair or rebuilding, or the
demolition and restoration, as the case may be, of the Tenant's Improvements within the period
specified in Section 8.03(a) and prosecute same thereafter with such dispatch as may be
necessary to complete same within said period, then, in addition to whatever other remedies
Landlord may have either under this Lease, at law or in equity, the money received by and then
remaining in the hands of the Depositary shall be paid to and retained by Landlord as security
for the continued performance and observance by Tenant of the Tenant's covenants and
agreements hereunder, or Landlord may terminate this Lease and then be paid and retain the
amount so held as liquidated damages resulting from the failure on the part of Tenant to comply
with the provisions of Section 8.03(a).
(c) Negotiation, Settlement and Adjustment of Insurance Proceeds. Tenant
shall have the right to settle the amount of the casualty loss with the insurance carriers, but no
final settlement of a loss in excess of Fifty Thousand Dollars ($50,000.00) may be made without
Landlord's prior written consent thereto.
(d) Rent and Other Charges. Provided the Lease is not terminated as
provided in Section 8.03(a), neither Rent nor other charges shall be reduced or abated following
damage or destruction or during the period of repair, restoration or rebuilding. If the Lease is so
terminated, Rent and other charges shall be paid through the effective date of such termination.
ARTICLE VIII
ASSIGNMENT AND SUBLETTING
8.01 Binding Effect. The Lease shall be binding upon and shall inure to the benefit of
the parties hereto and their respective heirs, personal representatives, successors, and
assigns.
8.02 Assignments. Tenant may not sell, transfer, or assign this Lease (either directly
or indirectly) or any legal or beneficial interest therein, or sublease all or any part of the Leased
Premises without the prior written consent of the Landlord, which consent may be withheld at
Landlord's sole discretion. In exercise of its discretion as to such a proposed sale, transfer or
12
assignment by Tenant, Landlord, in the event that a proposed sale, transfer or assignment by
Tenant provides for payment to Tenant an amount of rent greater than the amount of Tenant's
rent obligation herein at the time, Landlord may require that a percentage of the difference
between the rental amounts be paid to Landlord. Tenant shall give Landlord written notice of
any proposed assignment or sublease of the Leased Premises, and such notice shall provide
(a) the name and address of the proposed assignee or sublessee, (b) the terms of the
proposed assignment or a copy of the proposed sublease, (c) the most recent financial
statements of the proposed assignee or sublessee and (d) such other information as Landlord
may reasonably request. Any assignment or sublease made by Tenant without Landlord's
consent in violation of this Section 10.02 shall be voidable at Landlord's option and shall
constitute an Event of Default. Landlord's consent to any one assignment or sublease shall not
be deemed a waiver of this Section 10.02 with respect to any subsequent assignment or
sublease nor consent to any subsequent assignment or sublease. Absent the Landlord's
agreement to the contrary, following assignment, whether with or without the Landlords'
consent, Tenant will remain liable for all Lease obligations.
ARTICLE IX
MORTGAGES
9.01 Leasehold Mortgage.
(a) General Provisions. Tenant, and any successor or permitted assignee of
Tenant shall not, at any time during the Term, pledge, mortgage or encumber the Lease and/or
the Leased Premises demised hereunder, or Tenant's Improvements, without Landlord's prior
written consent, which consent Landlord may, in its sole discretion, withhold. Any such pledge,
mortgage or encumbrance made by and entered into with Landlord's consent, is herein referred
to as a "Leasehold Mortgage". Any Leasehold Mortgage made by and entered into by Tenant
without Landlord's consent in violation of this Section 11.01 shall be voidable at Landlord's
option, and shall constitute an Event of Default.
(b) Landlord's Forbearance; Foreclosure by Leasehold Mortgagee. Landlord
hereby agrees that for the benefit of a Leasehold Mortgagee holding a Leasehold Mortgage and
the successors and assigns of such Leasehold Mortgagee:
(I) When giving notice to Tenant with respect to any default under
the Lease or any exercise of any right to terminate the Lease, Landlord will also give a copy of
such notice to the Leasehold Mortgagee at the address of the Leasehold Mortgagee furnished
to Landlord. No such notice to Tenant shall be deemed to affect any rights of the Leasehold
Mortgagee unless or until such notice is given in said manner to such Leasehold Mortgagee.
(ii) In case Tenant shall default in respect of any of the provisions of
the Lease, the Leasehold Mortgagee shall have the right, but not the obligation, to cure such
default, and Landlord shall accept payment and/or performance by or on behalf of such
Leasehold Mortgagee as though, and with the same effect, as if the same had been done or
performed by Tenant. The Leasehold Mortgagee will have a period of time after the service of
any notice of a default hereunder upon it within which to cure the default specified in such
notice, or cause it to be cured, which is the same period for cure, if any, as is available to
Tenant under the Lease for the specified default, plus an additional period of thirty (30) days. In
the event of a default (or in the event that Landlord is seeking to terminate the Lease by reason
of a default) which cannot reasonably be cured within said period because of Tenant's
possession of the Leased Premises, Landlord shall forebear from exercising its rights to
terminate the Lease as against Leasehold Mortgagee (while reserving all rights against Tenant)
on account of such default provided that the Leasehold Mortgagee: (A) has cured all defaults
•
13
which can reasonably be cured within the period of time allotted for cure, (B) within said period
has notified Landlord of its intent to cure all other defaults in a notice which specifies the
proceedings by which the Leasehold Mortgagee intends to secure possession of the Leased
Premises, (C) has begun proceedings to secure possession within the said period, and (D)
thereafter prosecutes such proceedings with reasonable diligence. The notice specified in
clause (B) above shall contain an assumption by the Leasehold Mortgagee of all of Tenants
restrictions and obligations hereunder.
(iii) No default will be deemed to exist as against any Leasehold
Mortgagee and Landlord shall have no right, and shall take no action, to effect a termination of
the Lease as against any Leasehold Mortgagee until the Leasehold Mortgagee has had the
opportunity to cure such default specified in clause (ii) above. If the Leasehold Mortgagee, by
foreclosure or otherwise, acquires Tenant's leasehold estate, the Leasehold Mortgagee shall be
subject to all Lease Restrictions and shall be liable for all Tenant's obligations accruing
thereafter to the same extent as the prior Tenant would have been so liable.
(iv) Provided that the Leasehold Mortgagee has complied with
Subsection (ii) of this Section, any default of Tenant under any provision of the Lease which is
not reasonably susceptible of being cured by a Leasehold Mortgagee during the cure period
specified in Subsection (ii) of this Section shall be cured by Leasehold Mortgagee or any other
purchasers or transferees of Tenants interest under this Lease, whether at judicial foreclosure,
trustee's sale or by an assignment of the Lease in lieu of foreclosure within thirty (30) days after
acquisition.
(v) A Leasehold Mortgagee (or its designee or nominee) may
become the legal owner and holder of the interest of Tenant under the Lease, including without
limitation, the interest of Tenant in all Tenant's Improvements and Personal Property, by
foreclosure or other enforcement proceedings, or by obtaining an assignment of the Lease and
a conveyance of the Tenant's Improvements and Personal Property in lieu of foreclosure or
through settlement of or arising out of any pending or threatened foreclosure proceeding,
without Landlord's consent, but subject always to the applicable terms, provisions, obligations,
and restrictions of the Lease. Upon such acquisition of legal ownership, such Leasehold
Mortgagee (or its designee or nominee) shall be liable for all obligations under the Lease
accruing thereafter to the same extent as the Tenant would have been. In such event,
Leasehold Mortgagee (or, if said Leasehold Mortgagee has not yet become a successor Tenant
hereto, then its designee or nominee) shall have the right thereafter to assign the Lease and
convey the Tenant's Improvements and Personal Property subject to all other applicable terms,
provisions, obligations, and restrictions of the Lease.
(vi) If Tenant fails to observe or perform any of its obligations under
the Lease, Leasehold Mortgagee may, but shall not be obligated to, observe or perform such
obligations for and on behalf of Tenant, whether or not Tenant shall be in default under the
Lease.
(c) Notices to Leasehold Mortgagees. Any notice or other communication
which Landlord shall desire or is req tired to give to or serve upon a Leasehold Mortgagee shall
be in writing and shall be served by agistered or certified mail or by commercial courier service
addressed to such holder at the a. dress as shall be designated from time to time by such
Leasehold Mortgagee and shall mai a copy of said notice by ordinary mail. Any notice or other
communication which any Leasehol Mortgagee shall desire or is required to give to or serve
upon Landlord shall be deemed to I we been given or served if sent by registered or certified
mail or by commercial courier servic addressed to Landlord at Landlord's address as set forth
in the provisions of the Lease provid g for notices to Landlord or at such other address as shall
be designated from time to time k Landlord by notice in writing given to such Leasehold
•
14
Mortgagee by registered or certified mail or by commercial courier service. Any notice given
pursuant hereto shall be effective when received or refused.
(d) Non-Merger. No union of the interests of Landlord and Tenant shall result
in a merger of the Lease and the fee interests in the Leased Premises without the prior written
consent of any Leasehold Mortgagee.
ARTICLE X
EASEMENTS
10.01 Generally. This Lease and the rights granted to Tenant hereunder are expressly
made subject and subordinate to any and all existing easements on the Leased Premises, and
Tenant shall not in any way act to alter, obstruct, disturb or otherwise impair any of said
easements nor grant additional easements on or affecting the Leased Premises during the term
of this Lease without Landlord's prior written consent.
ARTICLE XI
DEFAULT
11.01 Events of Default. The following shall constitute "Events of Default":
(a) Monetary. Tenant shall fail to pay Rent at the time required or any other
monetary obligation or payment required under this Lease when due, and such failure shall
continue for a period of ten (10) days following written notice from Landlord to Tenant; or
(b) Non-performance. Tenant shall fail to observe or perform any of the other
covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shall fail
to be accurate and complete, and such failure shall continue and not be cured for a period of
thirty (30) days after written notice by Landlord to Tenant, provided that if the default is not
reasonably susceptible of being cured within thirty (30) days, an Event of Default shall occur
only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue
such efforts to completion; or
(c) Bankruptcy: Receivership. If (i) Tenant files a petition in bankruptcy or for
reorganization or for an arrangement pursuant to any present or future federal or state
bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or
insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability
to pay its debts generally as they become due, or if a petition or answer proposing the
adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future
federal or state bankruptcy law or any similar federal or state law is filed in any court and such
petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or
(ii) A receiver , trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or
of the Leased Premises or any portion thereof is appointed in any proceeding brought by or
against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant
consents to or acquiesces in such appointment.
11.02 Landlord's Rights upon an Event of Default. Upon the occurrence of an Event of
Default by Tenant, or at any time thereafter during the continuance of such Event of Default,
Landlord may take any of the following actions and shall have the following rights against
Tenant:
15
(a) Termination. Inidlord may elect to terminate the Lease by giving no less
than thirty (30) days' prior written otice thereof to Tenant, and upon the passage of time
specified in such notice, this Lease id all rights of Tenant hereunder shall terminate as fully
and completely and with the san- effect as if such date were the date herein fixed for
expiration of the Term and Tenant s 3 I remain liable as provided in Section 13.02(c).
(b) Eviction. Lanc id shall have the immediate right upon Termination of this
Lease to bring an action for forcible ry and detainer.
(c) Tenant to Ri :ain Liable. No termination of this Lease pursuant to
Section 11.02(a), by operation of E w or otherwise, and no repossession of the Leased
Premises or any part thereof pursu to Section 13.02(b) or otherwise shall relieve Tenant of
its liabilities and obligations hereunc r all of which shall survive such termination, repossession
or reletting.
(d) Damages. In : event of any termination of this Lease or eviction from or
repossession of the Leased Premi: : or any part thereof by reason of the occurrence of an
Event of Default:
(i) Rent and arges. Tenant shall pay to Landlord the Rent and other
sums and charges required to be p. by Tenant for the period to and including the end of the
Term or expiration of an option peric is provided for by Section 3.02 herein, whichever is later.
(e) Rights Cumul i ie, Non-Waiver. No right or remedy herein conferred
upon or reserved to Landlord is inte I,;d to be exclusive of any other right or remedy, and each
and every right and remedy shall k ;umulative and in addition to any other right or remedy
given hereunder or now or hereafte ;Fisting at law or in equity or by statute. In addition to the
other remedies provided in this Le. Landlord shall be entitled, to the extent permitted by
applicable law, to injunctive relief in se of the violation, or attempted or threatened violation,
of any of the covenants, agreemer ; conditions or provisions of this Lease, or to a decree
compelling performance of this Lea or to any other remedy allowed to Landlord at law or in
equity.
(f) Landlord's Ri' r to Cure. If Tenant fails to pay any utilities charges
described in Article IV, insurance I :'niums described in Article VIII, the cost of any of the
repairs or maintenance required to made by Tenant pursuant to the Lease or any other
charges, costs or expenses requires ) be paid under the Lease, Landlord shall have the right,
but not the obligation, to make all s :1 payments, and in addition to its other remedies under
this Article XI, Landlord shall have t e option of requiring Tenant to repay to Landlord the
amount of such payments (which sl I be deemed additional rent hereunder) on demand with
interest after demand at 10% rate p annum. (the "Default Rate").
(g) Late Charge, E fault Rate. If Landlord does not receive payment of any
installment of Rent or any other s - or charge required to be paid by Tenant to Landlord
hereunder within ten (10) days aft, the same falls due (regardless of whether Tenant has
received notice of the delinquency) _3ndlord may impose a late charge equal to five percent
(5%) of the amount of such delinqu sum and if such sum is not received by Landlord within
thirty (30) days of its due date, sus gum shall, in addition, bear interest at the Default Rate
from the due date until the date paid
(h) Landlord's Lie . Landlord shall have a lien against Tenant's leasehold
estate, Tenant's Improvements and i property of Tenant located at the Leased Premises, to
secure any obligations of Tenant to I idlord arising pursuant to the provisions of this Lease.
•
16
11.03 No Implied Waiver. The failure of Landlord to insist upon strict performance of
any of the covenants or conditions of the Lease, or to exercise any options herein conferred in
any one or more instances shall not be construed as a waiver or relinquishment for the future of
any such covenant, condition, or option, but the same shall be and remain in full force and
effect. The receipt by Landlord of any Rent or any other sum payable hereunder with
knowledge of the breach of any covenants or agreements contained herein shall not be
deemed a waiver of such breach.
ARTICLE XII
ABANDONMENT
12.01 Abandonment. Tenant shall not vacate or abandon the Leased Premises at any
time during the Term of this Lease. If Tenant shall vacate or abandon the Leased Premises, the
right of possession shall, at the option of Landlord, revert to Landlord and Tenant shall lose all
right to possession of the Leased Premises and Tenant's Improvements; however, Tenant shall
otherwise remain liable on this Lease. Landlord shall then, without further notice, have the
remedies provided for in Article XIII herein.
ARTICLE XIII
ENVIRONMENTAL CONDITIONS
13.01 Definitions. As used in this Lease, the phrase "Environmental Condition" shall
mean: (a) any adverse condition relating to surface water, ground water, drinking water supply,
land, surface or subsurface, strata or the ambient air, and includes, without limitation, air, land
and water pollutants, noise, vibration, light and odors, or (b) any condition which may result in a
claim of liability under the Comprehensive Environmental Response Compensation and Liability
Act, as amended, or the Resource Conversation and Recovery Act, or any claim of violation of
the Clean Air Act, the Clean Water Act, the Toxic Substance Control Act, or any claim of liability
or of violation under any federal statute hereafter enacted dealing with the protection of the
environment, or under any rule, regulation, permit or plan under any of the foregoing, or under
any law, rule or regulation now or hereafter promulgated by the state in which the Leased
Premises are located, or any political subdivision thereof, relating to such matters (collectively
"Environmental Laws").
13.02 Compliance by Tenant. Tenant shall, at all times during the Term, comply with all
Environmental Laws applicable to the Leased Premises and shall not, in the use and occupancy
of the Leased Premises, cause or contribute to, or permit or suffer any other party to cause or
contribute to any Environmental Condition.
13.03 Tenant's Indemnity. Tenant will protect, indemnify and save harmless the
Landlord, City of Iowa City, the partners of the Landlord, and all of the foregoing's respective
partners, agents and employees (collectively "Landlord's Indemnitees"), from and against all
liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses
(including, without limitation, reasonable attorneys' fees and expenses) of whatever kind or
nature, contingent or otherwise, known or unknown, incurred or imposed, based upon any
Environmental Laws or resulting from any Environmental Condition occurring or contributed to
during the term of this Lease. In case any action, suit or proceeding is brought against any of
the parties indemnified herein by reason of any occurrence described in this Section 13.03,
Tenant will, at Tenant's expense, by counsel reasonably approved by Landlord, resist and
defend such action, suit or proceeding, or cause the same to be resisted and defended.
17
ARTICLE XIV
TEP IT'S INDEMNIFICATION
14.01 Generally. To the e r nt not expressly prohibited by law, Tenant agrees to
indemnify, save, protect and hold fc er harmless, Landlord, and all of Landlord's Indemnitees
as defined in Section 13.03 herein c ve, from and against all losses, damages, costs, claims
and liabilities, including, without li 3tion, court costs and reasonable attorney's fees and
expenses, which Landlord's Indem es, or any of them, may become liable or obligated by
reason of, resulting from or in co r ?ction with: (a) any injury to or death of persons and
damage to, or theft, misapproprial r or loss of property occurring in or about the Leased
Premises or the Property arising fr Tenant's use and occupancy of the Leased Premises
and/or the conduct of its business; i any activity, work or thing done, permitted or suffered by
Tenant in or about the Leased Pr • ses, including all liabilities of every kind or description
which may arise out of or in tonne( : i therewith; and (c) any breach or default on the part of
Tenant in the payment or performai i of any covenant, agreement or obligation on the part of
Tenant to be paid or performed pun : -it to the terms of this Lease or any other act or omission
of Tenant, its agents or employe( . In case of any action or proceeding brought against
Landlord's Indemnitees, or any of • : r, by reason of any such claims, Tenant covenants to
defend such action or proceeding • counsel reasonably satisfactory to Landlord and/or any
particular Landlord's Indemnitee.
ARTICLE XV
MISC I LANEOUS PROVISIONS
15.01 Access by Landlord.
(a) Landlord or L r Ilord's agents, representatives or employees shall have
the right at any time upon at least tr ty-four (24) hours oral notice (except in emergencies, in
which case only such notice, if ar as may be feasible under the circumstances shall be
required) to enter upon the Leased amises and Tenant's Improvements for the purposes of
inspecting the same, determining r nether this Lease is being complied with, curing (as
permitted herein) any default by 1 • ant and showing the Leased Premises to prospective
Leasehold Mortgagees.
(b) Landlord or L. lord's agents, representatives, or employees shall have
the right whenever necessary and • lout notice to enter upon the Leased Premises for the
purpose of repairing or maintainin any of Landlord's property adjacent to or abutting the
Leased Premises.
15.02 Gender and Number I 'ords of any gender used in the Lease shall be held to
include any other gender, and worc i the singular shall be held to include the plural, where
required.
18
15.03 Notices. Notices, statements and other communications to be given under the terms of
the Lease shall be in writing and sent by certified or registered mail, or by commercial courier,
return receipt requested, and addressed as follows:
If to Landlord:
With copies to: If to Tenant:
Iowa City Airport
Commission City Attorney Jet Air, Inc.
%Airport Manager 410 E. Washington St. 58 IL Hwy Rt 164
1801 S. Riverside Dr. Iowa City, IA 52240 Galesburg, IL 61401
Iowa City, IA 52240
or at such other address as from time to time designated by the party receiving the notice. All
such notices shall be deemed to have been fully given, made or sent when made by personal
service or deposited in the United States Mail, Registered or Certified, postage prepaid.
15.04 Applicable Law. The laws of the State of Iowa shall govern the validity,
performance and enforcement of this Lease.
15.05 Partial Invalidity. If any provision of the Lease shall be invalid or unenforceable it
shall not affect the validity or enforceability of any other provisions of the Lease.
15.06 Heading. Headings as to the contents of particular sections herein are inserted
only for convenience, and are in no way to be construed as a part of the Lease or as a limitation
on the scope of the particular section to which they refer.
15.07 Binding Effect. The covenants, conditions and agreements contained in the
Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective
successors.
15.08 No Partnership. It is expressly understood that Landlord shall not be construed
or held to be a partner, joint venturer or associate of Tenant in the conduct of Tenant's business
and that the relationship between the parties hereto is and shall at all times remain that of
landlord and tenant.
15.09 Holding Over. The Lease shall terminate without further notice at expiration of
the Term. Any holding over by Tenant or any party claiming by, through or under Tenant after
expiration shall not constitute a renewal or extension or give Tenant any rights in or to the
Leased Premises. In the event of any holding over, Landlord may exercise any and all remedies
available to it under Article XIII herein or at law or in equity to recover possession of the Leased
Premises, and for damages.
15.10 Time is of the Essence. Time is of the essence in this Lease.
15.11 Entire Agreement; Merger. The Lease contains all the agreements and
conditions made between the parties hereto with respect to the matters contained herein and
may not be modified orally or in any other manner than by an Agreement in writing signed by all
the parties hereto or their respective successors, All prior written and oral understandings and
agreements shall be deemed to have merged into the Lease and have no further force and
effect.
.
19
15.12 Counterparts. This Lease may be executed in counterparts, each of which shall
be deemed to be an original and all of which shall, when taken together, constitute but one and
the same instrument.
15.13 Taxiway Construction. Landlord agrees to extend the south t-hangar taxiway at
Landlord's cost east for public use including use by Jet Air, Inc.
15.14 Utility Access. Landlord agrees to install new electric transformer and gas main
in the area for future growth. Jet Air will be responsible for connection to, and running utilities
from these locations to the proposed hangar.
15.15 FM Airspace Study. Tenant shall request an Obstruction Evaluation / Airport
Airspace Analysis (OE/AAA) under CFR Title 14 Part 77. Tenant shall not commence
construction activity until said study is returned with a "DETERMINATION OF NO HAZARD TO
AIR NAVIGATION" as the study result.
ARTICLE XVI
FAA PROVISIONS
16.01 Commission Control. The Landlord reserves the right, but shall not be obligated
to the Tenant, to maintain and keep in repair the landing area of the Airport and publicly owned
facilities of the Airport, without hindrance from the Tenant. The Landlord reserves the right to
take action it considers necessary to protect the aerial approaches of the Airport against
obstructions. The Tenant shall not act as an agent or represent itself as an agent for the
Commission in matters between the Federal Aviation Administration and the Landlord
16.02. Landlord Improvements. The Landlord 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 the Tenant.
16.03. Non-exclusive Right. It is agreed that nothing herein contained shall be
construed to grant or to authorize the granting of an exclusive right prohibited by Section 308 of
the Federal Aviation Act of 1958, as amended, and the Landlord reserves the right to grant to
others the privilege and right of conducting any activity of an aeronautical nature.
16.04 Grant Assurances. This Lease shall be subordinate to the provisions of any
outstanding or future agreement between Landlord and the United States government or 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 said Airport.
16.05 Right of Flight. Tenant acknowledges that the City of Iowa City, Iowa is
authorized by law to own and operate the Iowa City Municipal Airport located in Johnson
County, Iowa near the Leased Premises. There is hereby reserved to Landlord, 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 Leased Premises herein conveyed,
together with the right to cause in said airspace such noise, vibrations, fumes, dust, and
particles 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. Tenant foregoes and waives any and all claims for damages, of
whatever kind or type, which are reasonably likely to occur in the future as a result of aircaraft
•
20
using the "navigable airspace", as defined by the Federal Aviation Act of 1958 (49 U.S.C.
40102(a)(30))and regulations promulgated thereunder over and above the Leased Premises,
including but not limited to, damages resulting from noise, vibration, fumes, dust and particles.
Tenant grants to the Landlord, its successors and assigns, a continuing right to keep the air
space above the Airport Imaginary Surfaces as described in Federal Aviation Regulations
Part 77 and depicted on the Airport Layout Plan (ALP) clear of any and all fences, crops, trees,
poles, building or other obstructions of any kind or nature whatsoever which now extend, or
which may any any time in the future extend, above said surfaces. Tenant grants the Landlord
the right of ingress to, egress from, and passage over the Leased Premises for the purpose of
effecting and maintaining such clearance and of removing any and all obstructions which now
or may hereafter extend above the Airport Imaginary Surfaces as described in Federal Aviation
Regulations Part 77 and depicted in the ALP.
16.06. Additional FAA Provisions.
(a) The Tenant 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 Lease 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, Tenant 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 Tenant, for himself, his personal representative, 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: (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 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) Landlord reserves the right further to develop or improve the landing area
and all publicly-owned air navigation facilities of the airport as it sees fit, regardless of the
desires or views of Tenant, and without interferences or hindrance.
(d) Landlord 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 Tenant from erecting, or permitting to be erected, any building or other structure on the
airport which in the opinion of Landlord would limit the usefulness of the airport or constitute a
hazard to aircraft.
(e) During time of war or national emergency Landlord 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.
21
(f) 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.
(g) The Lease shall become subordinate to provisions of any existing or
future agreement between the Landlord 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.
22
IOWA CITY AIRPORT COMMISSION
By: fi=r c --511��
Chairperso \ . • • Date
ATTEST:
41/7-"1-4 ` j Z II Z
Secretary Date
Approved By:
City Attorney's Office
Jet Air, Inc.
/7--rz
Date
Iowa City Municipal Airport
Ground/Hangar Lease
Exhibit A
•
•
I�
ampat® Gni y�rf
r r . "•, 86x80 Hangar • -
f ..
y r k s'"+ x c
.R u uk 41
� >
iiirt
r
' S.•
03012Goa81e a ;sNrl
4 �
'0 1 s 'n ,yyp t%.xv£r 4.4''. Google earth•
A+4'3Deiv^anta9Ft79 a tae 1905'91491372'1400 ei 649e f ary_7et
4. ^�,+� '4 , Eye alt 1198Rr
Hangar Building 80 x 80(charged rent)
Apron Area 60 x 40(not charged rent)
Total Area 960D square feet total(6400 square feet charged rent)
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-356-5045
RESOLUTION NO. 1Y/22 — ( 2-1.2
RESOLUTION ACCEPTING THE WORK FOR THE "TERMINAL BUILDING
BRICK REHABILITATION"
WHEREAS, the Commission's consultant for the above named project, VJ Engineering, has
recommended that the work associated with the project, by T N T Tuckpointing & Building
Restoration Inc LLC., be accepted as complete.
WHEREAS, the final contract price is $ 97,450.00 which is established from the original contract
cost of$93,850.00 plus $3600.00 from Change Order#1.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT:
Said improvements are hereby accepted by the Iowa City Airport Commission.
Passed and approved this Z ( day of ) U , 2013.
CHAIRPERSO
Approved by
ATTEST: 41 "`}l
SECRETARY City Attorney's Office
It was moved by U-,G.S Cc.., and seconded by 140 res ''1 the Resolution be
adopted, and upon roll call there were:
Ayes Nays Absent
Assouline
t/ Gardinier
c/ Horan
c/ Mascari
Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045
RESOLUTION NO. /29-4,1 —oZ/
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE ON COST FOR "RUNWAY 7/25 PARALLEL TAXIWAY PAVING AND
LIGHTING" CONSTRUCTION PROJECT AT THE IOWA CITY MUNICIPAL AIRPORT
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost
for the above-named project was published as required by law, and the hearing thereon held.
NOW,THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT:
1. The plans,specifications, form of contract and estimate of cost for the above-named project
are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-named
project shall be in the amount of 10%(ten percent)of bid payable to the Iowa City Airport
Commission.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once weekly
and having a general circulation in the City.
4. Bids for the above-named project are to be received by the City of Iowa City,Iowa at the
Office of the City Clerk,at the City Hall,before 2:00pm on the 10`h day of July,2012,or at a
later date and/or time as determined by the Commission Chairperson or their designee, and
thereupon referred to the Airport Commission, for action upon said bids at its next meeting,
to be held at the Iowa City Airport Terminal Building, 1801 S. Riverside Drive, Iowa City,
Iowa at 6:00pm on the 19th day of July 2012, or at a later date and/or time as determined by
the Commission Chairperson or designee,with notice of said later date and/or time to be
published as required by law,or if said meeting is cancelled,at the next meeting of the
Airport Commission thereafter as posted by the City Clerk.
Passed and approved this ?i day of �>r� 2012.
- INtLik Approved By:
CHAIRPERSO N���'�/�IIII
') Co ,(
ATTEST: LSA g
SECRETARY City Attorney's Office
It was moved by S and seconded by rc--i^ the Resolution be
adopted. and upon roll call there were:
Ayes Nays Absent
Vsouline
Gardinier
/✓ Horan
Mascari
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-356-5045
RESOLUTION NO. /9/ - a--
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT
FOR THE CONSTRUCTION OF AIRFIELD ELECTRICAL IMPROVEMENTS
WHEREAS, Gerard Electric, Inc. has submitted the lowest bid of $72,952.00 for construction of
the above named project.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT:
1. The quotes for the above named projected are accepted.
2. The contract for the construction of the above named project is hereby awarded to
Gerard Electric, Inc. subject to the conditions:
a. That awardee secures adequate performance and payment bond, insurance
certificates, and contract compliance program statements.
3. The Chairperson is hereby authorized to sign and the Secretary to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract
compliance program statements upon instruction from legal counsel.
Passed and approved this Z day of .-..2— , 2012.
CHAIRPER
Approved b
4 g-_
ATTEST:
SECRETARY City Attorney's Office
It was moved by1 ( 2- and seconded by 1401ra r the Resolution be
adopted, and upon roll call there were:
Ayes
Nays Absent
✓ / Assouline
(/ Gardinier
Horan
Mascari
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
RESOLUTION NO. /9/Q - ‘,2
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT
FOR RUNWAY 7/25 PARALLEL TAXIWAY PAVING AND LIGHTING
WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of
$2,588,783.00 for construction of the above named project.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT:
1. The bids for the above named projected are accepted.
2. The Airport Commission is including the alternate bid in the award.
3. The contract for the construction of the above named project is hereby awarded to Metro
Pavers, Inc. subject to the conditions:
a. That awardee secures adequate performance and payment bond, insurance
certificates, and contract compliance program statements.
b. FAA concurs in the award.
c. FAA grant funding for the project is received.
4. Upon the direction of the City Attorney's Office, the Chairperson is hereby authorized to
sign and the Secretary to attest the contract for construction of the above-named project,
subject to the condition that awardee secure adequate performance and payment bond,
insurance certificates, contract compliance program statements, FAA concurrence, and
FAA grant funding.
Passed and approved this day of ----3t" , 2012.
CHAIRPERSNk
Approved by
ATTEST: l a — f a
SECRETARY City Attorney's Office
It was moved by ( and seconded by SCar•� the Resolution be
adopted, and upon roll call there were:
Ayes' / Nays Absent
V Assouline
Gardinier
(� Horan
Mascari
RESOLUTION NO. /a
RESOLUTION AUTHORIZING CHAIRPERSON TO ACCEPT FEDERAL AVIATION
GRANT FOR RUNWAY 7/25 PARALLEL TAXIWAY PAVING AND LIGHTING
CONSTRUCTION.
WHEREAS, the Iowa City Airport Commission will apply for a FAA Grant for funding of the
above reference project;
WHEREAS,this project is listed in the FY2012 Federal Aviation Administration Pre-Application
previously submitted by the Iowa City Airport Commission;and
WHEREAS, it is in the best interest of the Iowa City Airport Commission to accept this grant.
NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE
CITY OF IOWA CITY:
Upon the direction of the City Attorney,the Chairperson is authorized sign and the Secretary to
attest to acceptance of the grant.
Passed and approved this 1 day of J c L.) 2012.
Approved By:
CHAIRPER IN14, 0pp
ATTEST: ' '
SECRETARY City Attorney's Office
It was moved by t4t<co. and seconded by l"4'4^ the
Resolution be adopted, and upon roll call there were:
Ayes Nays Absent
Assouline
Gardinier
Horan
Mascari
Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045
RESOLUTION NO. /91,:2 -02..5
RESOLUTION APPROVING TASK ORDER NO. 10 WITH AECOM FOR
CONSTRUCTION RELATED SERVICES RELATING TO THE RUNWAY 7-25
PARALLEL TAXIWAY PAVING AND LIGHTING
WHEREAS, the Iowa City Airport Commission entered into a contract entitled "Professional
Services Agreement" with Earth Tech, n/k/a AECOM on December 11, 2008 to provide
engineering services for Federal Airport Improvement Program Projects;
WHEREAS, Part I(A) of said agreement provides that the parties will enter into supplemental
task orders for each project;
WHEREAS, the Commission and AECOM have previously entered into Task Orders Nos. 1, 2,
3,4, 5,6, 7, 8 and No. 9;
WHEREAS, the Commission and AECOM now desire to enter into Task Order No. 10,44-eep -ef
WHEREAS, it is in the best interest of the Commission to enter into Task Order No. 10.
NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE
CITY OF IOWA CITY:
1. The Chairperson is authorized and the Secretary to attest to Task Order No. 10 following
advice of counsel.
Passed and approved this leN day of JJ4 2012.
Approved By:
CHAS;SON
ATTEST: a31:kM-10
SECRETARY City Attorney's Office
It was moved by55_! , and seconded by /711) -6--- the Resolution be
adopted. and upon roll call there were:
Ayes Nays Absent
Assouline
Gardinier
Horan
Mascari
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
RESOLUTION NO. //a -a G
RESOLUTION ACCEPTING IOWA DEPARTMENT OF TRANSPORTATION GRANT
9I130I0W300 FOR TERMINAL AND BUILDING D ROOF REHABILITATION.
WHEREAS, the Iowa City Airport Commission has previously applied for Iowa Department of
Aviation grants for projects to be completed at the Iowa City Municipal Airport; and
WHEREAS, the Iowa DOT has awarded the Commission a grant for terminal and Building D
roof rehabilitation;and
WHEREAS, it is in the best interest of the Iowa City Airport Commission to accept this grant.
NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE
CITY OF IOWA CITY:
1. The Chairperson is authorized sign and the Secretary to attest to acceptance of the grant.
Passed and approved this ( day of—LtL1‘ 2012.
Approved By:
CHAIRPERS•'
ATTEST: 10-15rA' < 4'- 1 a ' e)`
SECRETARY City Attorney's Office
It was moved by43/45__Cr„, and seconded by -rz ^ the
Resolution be adopted, and upon roll call there were:
Ayes Nays Absent
(� Assouline
(7 Gardinier
Horan
Mascari
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
RESOLUTION NO. A/a.
RESOLUTION ACCEPTING IOWA DEPARTMENT OF TRANSPORTATION GRANT
9I130I0W100 FOR TAXIWAY AND UTILITY INSTALLATION.
WHEREAS, the Iowa City Airport Commission has previously applied for Iowa Department of
Aviation grants for projects to be completed at the Iowa City Municipal Airport;
WHEREAS, the Iowa DOT has awarded the Commission a grant for taxiway and utility
installation for Hangar L; and
WHEREAS, it is in the best interest of the Iowa City Airport Commission to accept this grant.
NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE
CITY OF IOWA CITY:
1. The Chairperson is authorized sign and the SecretarylIto attest to acceptance of the grant.
Passed and approved this I Cj day of Ti_LA 2012.
Approved By:
CHAIRP ``
, 0- � Lam_ v
ATTEST: / 1 r a ^
SECRETARY City Attorney's Office
It was moved by tilts Ccr, and seconded by � �-� the
Resolution be adopted, and upon roll call there were:
Ayes Nays Absent
Assouline
Gardinier
Horan
.` Mascari
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
RESOLUTION NO. Ac
RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE
SECRETARY TO ATTEST A CONTRACT WITH MIDAMERICAN ENERGY,
INC. FOR ELECTRICAL TRANSFORMER INSTALLATION.
WHEREAS, the Iowa City Airport Commission desires to enter into a contract with MidAmerican
Energy, Inc. to provide for installation of electrical transformer; and
WHEREAS, both parties have agreed to the contract terms.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT:
1. The Chairperson is hereby authorized to sign and the Secretary to attest to the attached
amendment.
Passed and approved this 1C1 day of —51/4..s, , 2012.
C"1-IRP R
Approved b x
ATTEST:
SECRETARY City Attorney's Office
It was moved by 4/'`0. and seconded by \fir , the Resolution be
adopted, and upon roll call there were:
Ayes Nays Absent
Assouline
1� Mascari
Gardinier
V Horan
•
MidAmerican Energy Company
ELECTRIC DISTRIBUTION SYSTEM AGREEMENT
REFUNDABLE ADVANCE FOR CONSTRUCTION
MidAmerican Energy Company,an Iowa Corporation,its successors and ass.gns,(Company),and
Iowa City Municipal Airport Commission, 1801 5 Riverside Dr.,Iowa City,Iowa 52246
as successors and ass gns, (Applicant)agree as follows:
1. Company will extend its electric distribution system as required to make electnc service available to the following platted and
described area:
To provide electric service to new airplane hangars at the property at 1801 S. Rivensde Dr.,Iowa City,Iowa 52246 This is the site of the Iowa
City Airport.
Revenue credit of$5511.00 was given for the new buildings already under construction.
2. Tne Company shall:
a. Install,own,operate and maintain the electric distnbjtion system and reserves the right to extend or aster the system
in the future if necessary.
b. Furnish at necessary labor and materials required for the construction of such distribution system.
c. Schedule such installation with Applicant so as to provide timely service.
3. The Applicant shall:
a. Provide a signed final plat of the subdivision or a detailed plot plan of the area to be served.
b. Provide,without cost to the Company,such easements as are necessary for the construction,operation and
maintenance of the electric distribution system.
C. Provide easement areas: 1)cleared of all obstructions; 2)within 4"of final grade over the route of the distribution
system;3)with streets finished to local specifications;and 4)with sewer and water installed.
d. Place visible stakes,including sot numbers,on all lot corners and easement lines.
e. Provide drawings showing the location of all present and future underground facilities.
f. Provide the concrete transformer pads,conduit systems,and other facilities where required by the Company's tariffs
and electric service manual(includes an inspection by a Company representative prior to pouring the pads or
covering the conduit system).
g. Locate all underground facilities such as storm sewers,sanitary sewers, septic lines and water lines that are not
located by members of a one-call locating system.
h. Indemnify,protect and hold harmless the Company from and against all liability,damage,loss,claims and actions
of any nat.ire whatsoever which arise out of damage to underground facilities resulting from the customer's fai.ure
to correctly locate such facilities as required under this agreement.
i. Hold Company harmless for any loss,cost or damage caused by delays in construction of the distribution system and
services.
4' Applicant agrees to provide a cash advance for construction totaling S 17338.71 .This amount includes$ 15119.0C for
construction costs plus the composite Federal and State Tax liability(where applicable)of$ 2219.71 _The cash advance for
construction shall be due when this Agreement is signed by Applirant If Applicant requires that the installation be completed
dunng the winter construction season,or when adverse working conditions impede construction,Applicant shall pay an
additional non-refundable sum of 4 n/a per foot.Company reserves the nght to determine when such winter and/or adverse
conditions exist.The amount of the cash advanc,-is subject tc change if Applicant's signed acceptance is not received by the Company within
90 days from the date Company executes this A;reement.
5. Company will refund portions of the cash advance for construction to Applicant as new customers are added to and connected
directly to a paint on this electric dstribution extension,subject to the following terms:
a. A refund based on estimated revenue plus tax shall be allowed for each new electric customer connection made within the first ten years
following the date of this Agreement.
b. No Interest will be paid on refunded cash advances.
c. Refunds will be made at least once a year during the ten year period.
d. Total refunds snail not exceed the original cash advance for construction.
e. No refunds shall be made for customers connected after ten years from the date of this Agreement.
f. The balance remaining on deposit at the end of the ten year period shall be deemed a non-refundable contribution in aid of construction.
g. Further electric distribution extensions which use any part of the electric distribution extension constructed under this Agreement will Not
result in refunds.
6. Within the area describe above,Company will provide electric service to customers in accordance with Company's tariffs and
Regulatory requirements.
MIOAMERICAN ENERGY COMPANY APPLICANT
By Shane Emmert By
Title District Engineer Manager TitleCJ1.!`f�
WMIS # 2279729 Date Wanted V
District Iowa City District Date Signed
2-95
5/18/11
ki4
^�S_(
( .ti ir(1 cts
I
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
RESOLUTION NO. piz - z. 41
RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE
SECRETARY TO ATTEST A CONTRACT WITH MIDAMERICAN ENERGY,
INC. FOR GAS MAIN INSTALLATION.
WHEREAS, the Iowa City Airport Commission desires to enter into a contract with MidAmerican
Energy, Inc. to provide for installation of gas main service; and
WHEREAS, both parties have agreed to the contract terms.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT:
1. The Chairperson is hereby authorized to sign and the Secretary to attest to the attached
amendment.
Passed and approved this 11 day of 3 ..4L1 , 2012.
CHAI`'
�I p Approve by
ATTEST:
SECRETARY City Attorney's Office
It was moved by4 ,__Q r', and seconded by ,. the Resolution be
adopted, and upon roll call there were:
Ayes Nays Absent
V Assouline
Mascari
✓/ Gardinier
l/ Horan
MidAmerican Energy Company
GAS MAIN EXTENSION AGREEMENT
REFUNDABLE ADVANCE FOR CONSTRUCTION
MidAmerican Energy Company,an Iowa Corporation,its successors and assigns,(Company),and
Iowa City Municipal Airport Commission, 1801 5.Riverside Dr.,Iowa City,Iowa 52246
its successors and assigns,(Applicant)agree as follows:
1. Company will extend its gas distribution mains as required to make natural gas service available to the following platted and
described area:
To provide gas service to new airplane hangars at the property at 1801 S.Riverside Dr.,Iowa City,Iowa 52246. This.s the site of the Iowa
Cityu Airport.
Revenue credit of$2020.00 was given for new buildings under construction.
2. The Company shall:
a. Install,own,operate and maintain the gas distribution system and reserves the right to extend or alter the system in the
future If necessary.
b. Furnish all necessary labor and materials required for the construction of such mains and distribution system.
c. Schedule such main installation with Applicant so as to provide timely service.
3. The Applicant shall:
a. Provide a signed final plat of the subdivision or a detailed plot plan of the area to be served.
b. Provide,without cost to the Company,such easements as are necessary for the construction,operation and
maintenance of the gas main extension.
c. Provide easement areas: 1)cleared of all obstructions;2)within 4"of final grade over the route of the distribution
system;3)with streets finished to local specifications;and 4)with sewer and water installed.
d. Place visible stakes, including lot numbers,on all lot corners and easement fines.
e. Provide drawings showing the location of all present and future underground facilities.
f. Locate all underground facilities such as storm sewers,sanitary sewers,septic lines and water lines that are not
located by members of a one-call locating system.
g. Indemnify,protect and hold harmless the Company from and against all liability,damage, loss,claims and actions
of any nature whatsoever which arise out of damage to underground facilities resulting from the customer's failure
to correctly locate such facilities as required under this agreement.
h. Hold Company harmless for any loss,cost or damage caused by delays in construction of the distribution system and
services.
4. Applicant agrees to provide a cash advance for construction totaling$ 2602.87 .This amount includes$ 2149.00 for
Construction costs plus the composite Federal and State Tax liability(where applicable)of 5 453.87 .The cash advance for
construction shall be due when this Agreement is signed by Applicant.If Applicant requires that the installation be completed
during the winter construction season,or when adverse working conditions impede construction,Applicant shall pay an
additional non-refundable sum of$4.97 per foot.Company reserves the right to determine when such winter and/or adverse
conditions exist.The amount of the cash advance is subject to change if Applicant's signed acceptance is not received by the Company within
90 days from the date Company executes this Agreement.
5. Company will refund portions of the cash advance for construction to Applicant as new customers connect to the main,
subject to the following terms:
a. A refund based on estimated revenue plus tax shall be allowed for each new gas customer connect made within the first ten years
following the date of this agreement.
b. No interest will be paid on refunded cash advances.
c. Refunds will be made at least once a year during the ten year period.
d. Total refunds shall not exceed the original cash advance for construction.
e. No refunds shall be made for customers connected after ten years from the date of this agreement.
f. The balance remaining on deposit at the end of the ten year period shall be deemed a non-refundable contribution in aid of construction.
g. Further main extensions which use any part of the gas main extension constructed under this Agreement will Not
result in refunds.
6. within the area described above,Company will provide gas service to customers in accordance with Company's tariffs and
regulatory requirements.
MIDAMERICAN ENERGY COMPANY APPLICANT
By Shane Emmert By
Title District Engineer Manager Title
WMIS #12283915 Date Wanted
District Date Signed I to
2-97
5/18/11
jc3\1(1 hu JeCt
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
RESOLUTION NO. A/02 `,3
RESOLUTION AWARDING CONTRACT FOR ENGINEERING SERVICES FOR
CONSTRUCTION PHASES OF TAXIWAY AND UTILITY CONSTRUCTION
RELATED TO HANGAR L.
WHEREAS, the Commission desires to secure the services of Foth Infrastructure and
Environment, LLC to provide engineering construction administration and observation services
related to the proposed Iowa City Municipal Airport Hangar `L' Construction.
NOW,THEREFORE, BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF
IOWA CITY:
1. The Chairperson is authorized to sign the agreement.
Passed and approved this 11 day of (,,,( , 2012.
or
CHAIRPER
Approved by
ATTEST:
'(-ce I-C46f
�— � —'r 3, /4_
SECRETARY City Attorney's Office
0445 C C4 HO C-6
It was moved by and seconded by tf' the Resolution be
adopted, and upon roll call there were:
Ayes/ Nays Absent
V Assouline
1/ Gardinier
Horan
Mascari
•
'.• :.� a;; - �F .." •s "�� "- ; ' 4 �•f*
54 a� , v aR.
' 7 t -^$'v_T. K s s K `fie ,f„,,-.;,./:,. is a'Y 'mss 3ry,,�n , • ��{,k'. r . .+?s r 7r -7�--,,o4.--..,..-. ''#r.'-.
•
, If••••,#'1:4',114r.. -ri./141 :1--"-'nik. =:::-_-w,.s.r.i:p-A----,','N.,,,,.;f-„,c,-,:r...,144:.---,..-,--1',-• --4..;--,i ,,-- wr.,e)7-.5.---)..--,4i --- .''----,':'-f ti';7''--se.f''., ---ikr4 11.5'-L-;,--:-.‘', '-'
11. " ..--,i-,..!,•,..-4- .,.- -..;.,elow..,,,.„......1,..h.,„c,,. . .„ : ._ ,_,._.... , ;...,...,..,, .„,.. ., _.. _,. ..,
•
� '` �s w ,i� s�, '41,:..'• �."" s2�.� �,"€�' �� -tr,s I' % , t ,�0:= ; � � inti ; �.... •, ....,,. ...,--., -,..•,-#.•` � , ''''•
�.
�q�t !f 36'��.. � �:� r �� 51f. ;I -_ y;�� • ;- i,$' �,' � ,3 1 7C': a3F}�� �''if:k• r < .
t!' ? s rry Y - ...V: .t£ M x ,'�A qr a )'i .i- 4� a '3� j _.
tI:
,44._
4 t ; ,-;: , �v ' ;'L'i. ---7-:1-,-'44t-i?:::'. :1t 7. Y ' r 4-,11-:-.4,f-,.:.`f..•',. f.R 3 • S .7' s`t i g--
41'!!'. 'M .of
-�f 7. �* 4 if - f _!_ • • • y,< r i:., W ti_."� _:..:',-,.,-.....4, ,Y.. .•v.• t ,+ }• _,,,,-.7,i•-• 4-
'�-pRl y ♦.4..,-fl,
. ,
ri.....,...r.--A,.,...:_, • .4,..11..:;-.Na ,... ,..sra Ps n r k3 ` '?r, f �. wr .--i j�J.4- -,-,10,-.....4- -• F yr.t-.,�,rh
• - ! -T
•
hi
.4
;.**/7 �' � ' r � •� ��t f R O}t s_# � � 4 ac 5 > ‘'� t A ,/� 1.s
•
,•"
.........:...ie.,,
--•,e,_..,..,,.,•r_x.r...
c-._. ,x.••,•54r....i., -,,•_
•
j ` k ' .+ � � �'y•..#, „ J� fir.-.- �'k :_ f' +� "s `y 'f. rfj, ,' "�' ` ` �, 3'' Y• '3t - �, ,�
� � • • ,� a, tea?. �';
�;t °"c • -a ,Xr, j .,,• rr -. •,axy x °�`` yara ,''.t S'.. $4
•� •ti�.• r:• -�''Z �' ,4 r ' a N• r` ' •Y ` ,.�y3 q .., �a't,'
1.
:.?....--..-:....t 4b'�� � '� - • i3• Y' A. :-t;.. �' o'er ip r�ti t•t �'� _ ,, - Y,. =.'''te
` ,0.,:,,,.
`
„„...••,.,... .:, . ` h .. 5.ti . `s,v'.•14`�I�' ; ,,,f,F.,5 ,�.. ..•:•.IYC,,� Y�y'aM y , '" ,`Y �Y�Att.• ..t•}"] 7 `'� 1Tr ry,,
•• ,
•
,..„••'ir ,
4 y7v� ';"r-''.7:9; a" ' ,y s ".‘"4i 44C • r �/f -'-. i• t. '�': � !: "K' $ .d - t stt}' . _P 1 s.t 1 = ' i4'-71 .".1 aZf i.� �' _' .$ Ss '1 • t �R Y r. -
...4"4:m._
`-IP,.....,-.7:10.,.:,f+ •-r* >L'..i..2,..-..,.--',-.--.:;•:•;--..,:•-..; q. rr5' rt-f--..;.).4.,•;.,_- 1.,...7. ...1.,:u, v `•- x k-n*�y '1,...x04s . , d i' d's - 1.4.'-...,,.' •
y •
p b � ,a j... t b , 5 � kYt,t kw � 4-4.4..V44-',..;
! �Y �'- u •y.p. 4 �r s )41';- "4-;';‘,.
.r '.
FyC ► 1 . r yam¢ i7a 3
f� 1.41
...J.t -'•- �Y. .!- 'w. ,y s r r b yt t 1 .T`14-F""1• - ,04,41-'1, .. $:Vf M ,, :.4..'?:-..:I
E1 r y -
'„�• `M r 4j F�`! ..K H t -. +� .:5" • '`-f -,:,.-;..,t• ''y .' _ _f''- ' ''' ` • ''4 i 4..e'".4:---'.1.1,./.;
'�r 1#} t-...•
. '.
ti 1 hr i� 'S'�t' _ p. IS90"....L..4.: - '7Yp tlx:
▪ `44
fir
'� r t• k -11Y {C - f 1{ , w, li, i4F414 f k r r^ . s -ii i -•••
ii
•
c4
4: • ; .. ro y.. •4'!,.1,01" ',.*-76;'��,t 'rt w e `� wry W-y b r? �' * i '. , .'_ .71' ,e
r �.5.44���5 .v: � � r :.4 t-�k1•- ;S .k 1 �y� i k' 4...',/'-- ► 'iPx • �s� ` .kesi` i !ice ~ -
'� .. . •,� 'f!` 1� rs ,. y M•5k'• � t {fi `.'7' +A" ".v.•
-i.
- �t A.. `,k
i �pY h. w u haf A- ` a t
' \It4.
r--; - ',. i 1 may. iS'YC341k d � ,Si' �u ''1 " `_ 't A _.*.
:,-,-,:•,-.'.-k- r-' G .i ,s.•' • `-I ;L._-,./.;";•..-:--� -`gr 'ti �,* '� t• at: ` •? 1 S Y • s'. ! ',F,-4 3t ,..IA,'8 ;-r, e
• --� n %C" ,,:••: 1,t' to } . A �'- 4 f .-'-- -7,.
e.. I$� r.
`� 1 � y lr �`. n S S �t,
-T. •-• .r-1('.'''-4f'--.7..... -----.7.'..c.: - -7--7.-:-C-Ii--.•1: fi, . .,-'-.9c7 -.r.Iv i*cil'Y'.r- 1 ',:** -.' ,..,.1- ,-.,.-..-
7.
1i r -
fst i V r, � `,, t *xr
• wF+ ., 1t1ik 4 a*.yy. E 4.11 � ' 2 1` - , " t - .---_. 1Y• t ; ' �, I -1 _^ .-.,....4.,,..•14.--- jr , , ....11-.--.--.--.. .-
.. --..;,--:`..7t7:'.:- r ' ': 4sa:� • ..:12.s,
nt ? 1tJ' L .-;•'.'.2'1,.t.''''4.""'-7i!. Y ' "..':,:s7.',!•;',.;"
. 1 .',
sem`S , L 4. s '" f ' Y _ 4* Tlab} r' i . .c�i r ' y c,"3� `'+'0
•
•l i' F - " ` Yt 1 Y'44i 0 - '�. ''''Z. .'4k� � .4 \ .- �-� >
a , ��.,
•
'� sY,N i',`,..,..,...• t•1 tr1' _N`4 .:`. a ♦ 4 , • .-- a. x s•. ft - 4 i''+. ;.-:
•44..4.'
-, '-- ,L t Z1 s lk l•'f}- ycr A.dy{p l�'.,-.1th lti.:444c:..«.ti,a �..1 r • ---t,--
•fir '' L 't" •ii- E :-L'
s ,''• „...4f,-;,,,•:2- t'- * r s� t< Y1 �jr_ 'f "1"`.*_',' t, i• :.4, ;k. y J ..6-,:i .
'- ▪ {t..-,A {.tp xa'--..„..4.,,___.,,..,
�t t`. ., +Zp sr,.a..,..k-',...,.. „,..,.• # t ,,_,:::,4V--!!‘Alii;. Y.eo- r .. t r :.w j. wP
t f. K. tea- y , q r ff!t: ,Tr 'S3'.*g .. y�'' •.';';''',....` ! :44.......:
.`� T # 'S'-y r�, ' ''---• 4! 'tom
�. ;moi ��?9.:!Z'
g 3 f; � `eP x �� -. ;}'t* ..t •� �,qf�,x � r����� �K�Yr, �'
t :-. y ,1. '- ;.� t' ; -:.: '.l 11,' '• .1, r - _ 7 ,., .� �h,yx�tc, , �. V ,a -�'.4 atti�t2_ (' a [ -ba{' T �,..G,.. � o M� ry�,dC r < �LS• ,_,:....-1,.„,,.....,..c.,..4..-.
�-s,4-�w ; <- yy,
• _I a +t .'�.v , _'� C • •a M _r xffi 7 `1 ;.-...:''';.*EW.gip."':
•
.,• • c: 1 ' zn' ,Yi • • • t. ;4 ▪ p r! r sr as �,;.i v e•-:,';:.6A,.,...".ys
N. ,-,c.[ Y' .• +t '* •4�;. t,, t'ii i F r•▪ s's'' 3. + •� n 4.-...
ti,h ,�yF
` t it h" + ,• rjY :} t .7,%;. 3 • ° .2*.*tot �' 1' a sy x
t:'ct • -. -..1..4!' , cs- - it -
iti .M gy`�•�'. 4i1 y � ‘ 4. -- ` a�-Flp � a �S'�r ty.�s 44'�'.d.4c_`.
n' ''....' *,.a rw "'.Ti r ya ix ?e .}+ :''':;:--t
'-, a - p k t�iR. h t /, '. .4 t,'.41,y1:,.‘-„...
Y n1„ -.t f y •',:,..4l$+'r"�
1- , i �- �,. iF 6 ',• ':ii..,:',.''.
is t a '7''',
at: r r L., it r
'4:.::''
}� ��s,..,,-.,..•• .� i((3if�'�"' i t k, 4 "� .M ,(' -+� ��sj{r� ,t' �.`� �7� �3.JY�, ,
°:-.'"..1.t1.1';••••11'.1a ':::.:-.."4-
:x.3 #, ' ''-'4 .-, .--•.1(41,,.-.--'1.-..:
�'f.,. + } .'ry' i` ,}�- �r 4 a • �� 7~Sq''�� 4y ` Y`a 3It-s.� ,c "s'i ,..,,I ..- • ,j
"• h'i' 4.''&;'',1_'`f w. . _.i 1@f�dM tl tl4 F k . •s ,s---'' r+#t - • - ;.�� E cls ,t '- - 't•
S ".y p'; `� ,t sr1^.-.. -1b'�` lr . .' tir k '' .' .i"`•.,,,v� y ,�, �_el,r
'��.-F4! a4 - ii. - .-'. - : x d , ,.; - Yt• #' ,.. Hart', -<•�m.�• i i�E E-- - '--I
- .,4,:.:
. A . 1'L ,�TFi � "fid .- •�-.- r �-' '.. 4 t!: "!'[ � • 0,--a-v•rr •.-..r.*-...:".. 'r 'c �},,
��:'S _ -..P` ".4,:.,-'f+A-'e 15 Y-.4.k"-'4.0.1"
,-t, �ii;% >• - r. s C• *` '-4.4.'•'--4,-- `.._ p{ ,i +`y i'..:':'..4.-,'...'.P.:.':',Lam .
9 " 1 ' -rr,- 4t▪ b .� . +1 - 3'.Fr Y _ I.-- ° `�' `�'Y Tx lu^ t! "-r 'k '47' ; �`'"
,. _'qi y:05„.;4.....!..."-,„ ,,., t`a$."" , R'i, . .!1f. :c"' .4'-; ,h , .'"4..K1:0./C)40.,'„'k ~` -r r�
tk , X �;p j 4 } ,'.„,,k..,-*';,-.,--,..,-- ,�' * tiF Fey % ; ti .-- 4`.. }
.1'' ,�,.v..'. '4,t4.1-{QI.rY{-?'. a>_ i 3 f: •{ t. - ` •=1:1_ t i' 'l1 ,t' • -'` -4.I '1`�, ,, �'
,.t ,t � .' L �.' n • . , 1. t } _ ,a. Y t� _p..- -/i' { •2'
,.: : t 1 -..-' , `. r� _.a s.a, 'ty ,.j• . _ay_ '' r+,Y1"r
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 19 day of July , 2012 , by and
between the Iowa City Airport Commission, Iowa City, Iowa, hereinafter referred to as the
Commission and Foth Infrastructure and Environment, LLC. , of Cedar Rapids , hereinafter
referred to as the Consultant.
WHEREAS, the Commission desires to secure the services of the Consultant to provide
engineering design, competitive quotation, construction administration and observation services
related to the proposed Iowa City Municipal Airport Taxiway Extension Construction.
NOW THEREFORE, it is agreed by and between the parties hereto that the Commission does
now contract with the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the engineering services for the Commission, and to do so in a
timely and satisfactory manner. Services provided under this agreement shall be as further
described in Attachment A, attached and incorporated herein.
II. TIME OF COMPLETION
The Consultant shall complete design and competitive quotation services for the Project on or
before August 15th, 2012. Consultant shall complete construction phase services for the Project
on or before October 5th, 2012.
III. GENERAL TERMS
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity,
or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the Commission terminate this Agreement, the Consultant shall be paid for
all work and services performed up to the time of termination. However, such
sums shall not be greater than the "Not-to-exceed" amount listed in Section IV.
The Commission may terminate this Agreement upon seven (7) calendar days'
written notice to the Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the Commission
for the purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
-2 -
E. It is agreed by the Commission that all records and files pertaining to information
needed by the Consultant for the project shall be available by said Commission
upon reasonable request to the Consultant. The Commission agrees to furnish all
reasonable assistance in the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the Commission, the Consultant shall attend meetings of the
Commission relative to the work set forth in this Agreement. Any requests made
by the Commission shall be given with reasonable notice to the Consultant to
assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the Commission, copies of all basic notes and sketches, charts,
computations, and any other data prepared or obtained by the Consultant pursuant
to this Agreement without cost, and without restrictions or limitation as to the use
relative to specific projects covered under this Agreement. In such event, the
Consultant shall not be liable for the Commission's use of such documents on
other projects.
The Consultant agrees to furnish all reports, specifications, and drawings, with the
seal of a professional engineer affixed thereto or such seal as required by Iowa
law.
J. The Commission agrees to tender the Consultant all fees in a timely manner,
excepting, however, that failure of the Consultant to satisfactorily perform in
accordance with this Agreement shall constitute grounds for the Commission to
withhold payment of the amount sufficient to properly complete the Project in
accordance with this Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect.
L. Original contract drawings shall become the property of the Commission. The
Consultant shall be allowed to keep mylar reproducible copies for the Consultant's
own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the Commission.
N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a contract
with the City, and certifies that no employee or officer of the City, which includes
members of the City Council and City boards and commissions, has an interest,
either direct or indirect, in this agreement, that does not fall within the exceptions to
said statutory provision enumerated in Section 362.5.
O. The Consultant agrees at all times material to this Agreement to have and maintain
professional liability insurance covering the Consultant's liability for the
Consultant's negligent acts, errors and omissions to the Commission in the sum of
$1,000,000.
- 3-
IV. COMPENSATION FOR SERVICES
METHOD OF PAYMENT, LUMP SUM:
In consideration of the Design, Competitive Quotation, and Construction Phase services,
work, equipment, supplies, or materials provided herein, the Commission agrees to pay the
Consultant $8,675.00, including any authorized reimbursable expenses, based on the following
distribution:
General Consulting $ 1,146.00
Design Services $ 3,380.00
Quotation Services $ 921.00
Construction Services $ 1,790.00
Construction Observation $ 1,438.00
Total $ 8,675.00
Consultant shall bill Commission monthly for services and reimbursable expenses. Payment shall
be due and payable within thirty(30) days of Commission's receipt of invoice.
V. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent
upon or resulting from the execution of this Agreement, that it is the entire
Agreement, and that no other monies or considerations have been solicited.
FOR THE COMM .SION FOR THE CONSULTANT
Foth Infrastructure and Environment, LLC
Signature: v•mallL+1 Signature:
Name: 11111.a Name: David D. Kapler
Title: C.1A.t ;
yti:)
Foth Infrastructure and Environment,LLC. Iowa City Municipal Airport Taxiway Extension Construction
Project No.111010.00 Iowa City,Iowa
ATTACHMENT "A" - SCOPE OF SERVICES
Iowa City Municipal Airport Taxiway Extension
Design, Quotation &Construction Phase Services
Iowa City, Iowa
The work to be performed by the Consultant under this agreement shall encompass and include all detail
work, services, materials, equipment and supplies necessary to complete the proposed Iowa City
Municipal Airport Taxiway Extension Design, Competitive Quotation, and Construction administration and
observation phase services.
The proposed project involves design, competitive quotation, and construction administration and
observation phase services for the construction for a taxiway extension to Hangar'M'.
The design services to be provided for project, as outlined above, shall include taxiway design, storm
sewer design, site grading, utility coordination, an estimate of probable construction costs, and plan and
specification preparation.
The competitive quotation services to be provided for project, as outlined above, shall include
production of five (5) bound Specifications and Plans, distribution of five (5) bound Specifications and
Plans to prospective bidders, and perform proposal opening.
The scope of services to be performed by the Consultant shall be completed in accordance with generally
accepted standards of practice and shall include the services to complete the following phases/tasks:
TASK A—Protect Administration
1.0 Project Management
The project manager will be responsible for the development and tracking of the project plan and
scope for the project development. This includes task identification, staff scheduling and
coordination, project communications, invoicing, and other important elements of the project. The
Consultant shall inform the Commission of any services required which may not be included in the
scope of the services contract approved by the Commission for this Project. It will be the
responsibility of the Consultant to make the Commission aware of any potential change orders to the
contract before the services are rendered. This notice must occur prior to any extra services being
performed. Only those services approved by the COMMISSION are eligible for compensation. The
project duration to completion of final construction plans suitable for quotation is assumed to be two
(2)weeks.
2.0 Utility Coordination Meeting
The Consultant will attend meeting with utility company to coordinate services to the proposed
development site. It is anticipated that there will be one (1) meeting with utility company
representative and Owner.
TASK B—Design Phase Services
1.0 Design Surveys
The Consultant shall perform field and office tasks required to collect supplemental topographic
information deemed necessary to complete the project. The specific supplemental survey tasks to be
performed include verifying pavement tie-in elevations and earthwork adjacent to project site
completed during previous projects (Hangar L and M).
2.0 Civil Design Services
Civil design will include Commission review, Preliminary, and Final design development, base
mapping, grading, paving, site drainage, and public utilities.
X:\CR\IE\2011\111010-00\1000 Budget\Taxilane extension\sos-07192012-10A-design_CACO.doc
Foth Infrastructure and Environment,LLC. Iowa City Municipal Airport Hangar Construction
Project No.111010.00 Iowa City,Iowa
3.0 Preparation of Project Manual
This task consists of preparation of applicable Civil specifications specific to the construction
requirements of this project and utilizing the standard City or Commission front-end documents,
including conditions of the contract.
4.0 Final Plans
Preparation of documents suitable for competitive quotation and construction purposes, incorporating
review comments from COMMISSION and including proposed plan, elevation, and section views and
details.
5.0 Opinion of Probable Construction Cost
Prepare opinion of probable construction cost for the project based on historic unit price data and
current construction environments.
TASK C—Competitive Quotation Phase Services
The CONSULTANT will attend the proposal opening of the project. For estimating purposes, one (1)
proposal opening has been included as part of this scope of services. The work task to be performed or
coordinated by the COMMISSION is the advance notice of project publication.
The work tasks to be performed or coordinated by the Consultant during the Competitive Quotation
Phase Services shall include the following:
1.0 Printing of Plans and Specifications -This task consists of printing and handling the Plans and
Specifications. For budget purposes it is estimated that five (5) Specification manuals with full-size
(11"x17") plan sheets bound within will be duplicated, assembled, and distributed by the
CONSULTANT. One (1) set of the Plans and Specifications will be delivered to the COMMISSION
for their file.
2.0 Advance Notice of Project
The Consultant shall prepare the Advance Notice of project. The COMMISSION shall handle posting
of the Advance Notice of Project with the City of Iowa City website.
3.0 Plan Clarification and Addenda
The Consultant shall assist the COMMISSION during the quotation period in answering questions
regarding the design intent and prepare addenda as appropriate to interpret, clarify or expand the
quotation documents. Plan clarification information and addenda will be distributed to the project plan
holders by the Consultant. There will not be a pre-bid conference for this project.
4.0 Opening,Tabulation, and Award Recommendation
The Consultant shall be a representative present when the proposals are opened, shall make
tabulations of quotations for the COMMISSION, shall advise the COMMISSION on the
responsiveness of the bidders and assist the COMMISSION in making the award of contract,
including preparation of necessary contract documents.
TASK D—Construction Administration
1.0 General Administration of Construction Contract.
2.0 Coordinate and attend preconstruction meeting and distribute minutes to the Contractor and
Owner.
3.0 Respond to Requests for Information (RFI's) during construction.
4.0 Shop Drawing Review
5.0 Issue clarification and change documents.
6.0 Process Applications for Payment.
7.0 Perform review and develop punchlist at the completion of project.
8.0 Review Contractor as-built drawings and coordinate submission to Owner.
X:\CR\IE\2011\111010-00\1000 Budget\Taxilane extension1sos-07192012-IOA-design CACO.doc 2
Foth Infrastructure and Environment,LLC. Iowa City Municipal Airport Hangar Construction
Project No.111010.00 Iowa City,Iowa
TASK E—Construction Observation
The Engineer shall make visits to the site at intervals appropriate to the various stages of construction as
the Engineer deems necessary in order to observe as an experienced and qualified design professional
the progress and quality of the various aspects of the Contractor's work. Based on information obtained
during such visits and on such observations, the Consultant shall determine, in general, if such work is
proceeding in accordance with the Plans, and the Consultant shall keep the Owner informed of the
progress of the work.
The estimated number of such visits by the Project Engineer is six (6). Estimate is based on an assumed
construction schedule of three (3)weeks. Additional visits by the Project Engineer may be made, as
requested or required, but shall be beyond this scope of services.
ADDITIONAL SERVICES
Additional Services not included in this Agreement. If authorized under a Supplemental Agreement, the
Consultant shall furnish or obtain from others the following services:
1.) Airfield Lighting and Signage
2.) Updating of any Airport Layout Drawings
3.) Construction Staking.
4.) Construction Testing.
5.) Construction Observation/Resident Project Services beyond schedule noted in Task C.
6.) Airport Tenant Coordination.
7.) Pavement Management Program Update.
X:1CR\IE12011\11101000\1000 Budget\Taxilane extension1sos-07192012-I0A-design_CACO.doc 3
Foth Infrastructure and Environment,LLC. Iowa City Municipal Airport Hangar Construction
Project No.111010.00 Iowa City,Iowa
ATTACHMENT "C" - INSURANCE CERTIFICATES
Iowa City Municipal Airport Hangar Construction
Iowa City, Iowa
The pertinent insurance certificates to be submitted upon acceptance of Engineering Proposal.
X:\CR11E\2011\111010-00\1000 Budget\Taxilane extension\sos-07192012-10A-design_CACO.doc 4
P.
®®o® �
------
__a., MIBIIIIIIINNSIMIIIIIIII=11111111111111Maillill
®® ®1111111111M1=_ --
1 FE'71,74„:,7,Tr,1.7—Z.—————— 1111111§Eillin
1
s,
i- .®®®®a.l®_11111111MM...
i— iifli.6ffi®i .®1.11:0EIM®�ii§I®®
_ _ _
i� i®ilii®.!®®®®i®®®
ra watt' _
i� ..�..,,...,��.....a..,, ®®®®®il®®®
.
Millilfl1=lirlINIIIMOZIMIIIIIIMMIIIIIIIIIIMIliallIMMOIllaSTRI
iIMI= MIIMEIM IIIIIIMIIIIIIIIIIIIIIIIMIIIIIIIIMIIISIIIIIIIIIIIIIIIIIIIIIIIIIIIIISIIII
i� i®i®®®®.1®a®_i®®ice
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
RESOLUTION NO. I)/ — ,3/
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT
FOR HANGAR M TAXIWAY IMPROVEMENTS
WHEREAS, Bud Maas Concrete Inc. has submitted the lowest bid of $39,822.50 for
construction of the above named project.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT:
1. The bids for the above named projected are accepted.
2. The contract for the construction of the above named project is hereby awarded to Bud
Maas Concrete Inc. subject to the conditions:
a. That awardee secures adequate performance and payment bond, insurance
certificates, and contract compliance program statements.
3. The Chairperson is hereby authorized to sign and the Secretary to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract
compliance program statements upon instruction from legal counsel.
Passed and approved this b day of k,,5 , 2012.
CHAIRP SON
Approved by
ATTEST: r cc\%
SECRETARY City Attorney's Office
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
Ayes
Nays Absent
Assouline
Gardinier
Horan
Mascari
V Ogren
Airport Commission Agenda&Info Packet 41 of 76
Prepared by: Susan Dulek, Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030
RESOLUTION NO. /467
RESOLUTION ADOPTING PURCHASE MANUAL.
•
WHEREAS, in April 2012, the City Council adopted a Purchasing Policy Manual;
WHEREAS, the Purchasing Policy Manual grants the City Manager and Departments Heads
authorization to make certain purchases up to certain dollar amounts; and
WHEREAS, in Resolution No. A08-05, the Airport Commission authorized the Airport
Operations Specialist and the Chairperson to make purchases up to certain dollar amounts in
certain circumstances.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT:
1. The Iowa City Purchasing Policy Manual is adopted as the policy governing purchases
by the Airport Commission with the exception of chapters entitled "Authority to Purchase"
(in Section I), "Signature Approval Requirements" (in Section I), and "Dollar Thresholds"
(in Section III).
2. Resolution No. A08-05 shall be used in lieu thereof said chapters.
Passed and approved this / 6 day of IA ``j -1- , 2012.
pproved by
ATTEST: — `�`-� 5
SECRETARY City Attorney's Office
It was moved by and seconded by the Resolution be
adopted, and upon roil call there were:
AYES: NAYS: ABSENT:
✓ Assouline
_ Gardinier
✓ Horan
Mascari
Ogren
Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045
RESOLUTION NO. /942 -31
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
DON GURNETT
WHEREAS,the Airport Commission of the City of Iowa City has negotiated a lease for
Corporate hangar No.34, located in Building G 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,the term of the lease shall be from October 1,2012 through September 30,2015.
NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE
CITY OF IOWA CITY:
1. That the proposed hangar lease for Corporate Hangar No.34 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 Don Gurnett
It was moved by /''A.- and seconded by MQ SLC E•• the Resolution be adopted,
and upon roll call here were:
Ayes
Nays Absent
✓ Assouline
6/ Gardinier
• Horan
Mascari
Ogren
Passed and approved this -Z-C;) day of ?k 2012.
4.— Approved By:
CHAIRPERS•
ATTEST:
SECRETARY City Attorney's Office
CORPORATE HANGAR LEASE
This T-HANGAR LEASE ("Lease") entered into by and between the Iowa City Airport
Commission ("Commission") and Don Gurnett ("Tenant") in
Iowa City, Iowa.
In consideration of the mutual covenants contained herein, and for other good and valuable
consideration, the parties hereby agree as follows:
1. Lease of the Hangar Space.
The Commission hereby leases to Tenant hangar space in Hangar # 34_ (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. The Hangar Space shall
be used and occupied by Tenant principally for the storage or construction of the
following aircraft:
Aircraft Make & Model North American SNJ-4
Aircraft Registration Number N7692Z
Aircraft Registered Owner Name Donald A. Gumett
Registered Owner Home and Business Telephone Numbers: 4664 Canterbury Ct, Iowa
City, IA 52245 Phone: 319 338-4738 or 319 335-1697
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.
If the Tenant sells the aircraft listed above and does not acquire replacement aircraft
within ninety (90) days thereof, Tenant shall immediately notify the Commission, and this
Lease shall be terminated.
2. Term.
The term of this Lease shall commence on October 1, 2012, and shall end on the last
day of the month of September, 2015.
Tenant agrees to notify the Commission 45-days prior to the expiration of the existing
term in order to facilitate the Commission in locating another tenant. In the event Tenant
shall continue to occupy the Hangar Space beyond the term of this Lease without
executing a Lease for a 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
$ 310 per month, payable in advance on the first day of each
monthA 1.5% late fee (which is $ 4.65 per day) for rent not received
by the Commission will be charged after the fifteenth (15) day of each month.
2
4. Security Deposit
At the time of execution of this Lease, Tenant shall pay to the Commission in trust the
sum of one month's rent to be held as a rental deposit. At the termination of the Lease,
the Commission shall return the deposit to the Tenant less any amounts due to repair
damage, conduct cleanup or owed to the Commission. If the Tenant renews the lease
each year, the deposit will be held over for the next term.
5. Use of the Hangar Space.
a. The Hangar Space shall be used primarily for storage or
construction of the Aircraft consistent with FAR and the Minimum Standards. This
provision is not to be construed as a prohibition for storage of maintenance
materials, cleaning materials, tools, parts, spares, and other aircraft components.
b. Tenant may park his/her car in the Hangar Space during such time that Tenant is
using the Aircraft.
c. No commercial activity of any kind shall be conducted by Tenant in, from or
around the Hangar Space.
d. No maintenance, including painting, 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 or emit offensive odors.
•
e. Tenant shall be responsible and liable for the conduct of its employees and
invitees, and of those doing business with it, in and around the Hangar Space.
Tenant shall keep the Hangar Space clean and free of debris at all times.
f. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply
with all applicable ordinances, rules, and regulations established by any federal,
state or local government agency.
g. Tenant shall dispose of used oil only in approved receptacles.
h. At no time shall Tenant start or run his/her Aircraft engine(s)within the Hangar or
Hangar Space.
j. On the termination of this Lease, by expiration or otherwise, Tenant shall
immediately surrender possession of the Hangar Space and shall remove, at its
sole expense, the Aircraft and all other property therefrom, leaving the Hangar
Space in the same condition as when received, ordinary wear and tear excepted.
k. Tenant shall be liable for any and all damage to the Hangar or to the Hangar
Space caused by Tenant's use, including, but not limited to, bent or broken
interior walls, damage due to fuel spillage, or damage to doors due to Tenant's
Improper or negligent operation.
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 15. To ensure this right, the
3
Commission shall make all reasonable efforts to keep adjacent areas to the
Hangar Space free and clear of all hazards and obstructions, natural or
manmade.
b. Tenant shall be responsible to maintain the interior of the Hangar Space to
include janitorial services, maintaining all interior lights, cleaning of stoppages in
plumbing fixtures and drain lines, cleaning of snow within two (2) feet of,the
apron adjoining the Hangar Space, disposing of any debris or waste materials,
and maintaining any Tenant constructed structures and equipment. The
Commission shall be the sole judge of the due maintenance undertaken by the
Tenant, and may upon written notice, require specific maintenance work to be
completed. If such maintenance is not completed within a reasonable time
period, the Commission shall have the right to perform such due maintenance,
and Tenant shall reimburse the Commission for the cost of such maintenance
upon presentation of a billing.
c. Tenant shall provide and maintain hand fire extinguisher for the interior of the
Hangar Space of the building in accordance with applicable safety codes.
d. Tenant shall not store any materials outside the Hangar Space.
e. Tenant shall promptly notify the Commission, in writing, of any repairs needed on
the Hangar or to the Hangar Space.
7. Rights and Obligations of the Commission.
a. The Commission shall at all times operate and maintain the Airport as a public
airport consistent with and pursuant to the Sponsor's Assurances given by
Authority to the United States Government under the Federal Airport Act.
b. The Commission shall not unreasonably interfere with the Tenant's use and
enjoyment of the Hangar Space.
c. The Commission shall maintain and keep the Hangar and Hangar Space in good
repair except for the maintenance obligations of Tenant set forth in the Lease. In
no event, however, shall the Commission be required to maintain or repair
damage caused by the negligent or willful act of Tenant, its agents, servants,
invitees, or customer. However, if due to any negligent or willful act by the
Tenant, its agents, servants, invitees or customer, there is a need for
maintenance or repair of damage, then Tenant shall so such maintenance or
repair in a prompt, reasonable manner, as approved by the Commission.
d. Snow shall be removed from in front of Hangar Space to within at least two (2)
feet of the Hangar. Snow removal closer than two (2) feet is the responsibility of
the Tenant.
e. The Commission shall ensure appropriate grounds keeping is performed year
round.
8. Smokefree Air Act
Smoking is prohibited throughout the Iowa City Municipal Airport, Including the Hangar
Space.
4
9. Sublease/Assignment
Tenant shall not sublease the Hangar Space or assign this Lease without the prior
written approval of the Commission.
10. Condition of Premises.
Tenant shall accept the Hangar Space in its present condition without any liability or
obligation on the part of the Commission to make any alterations, improvements or
repairs of any kind on or about said Hangar Space.
11. Alterations.
Tenant shall not install any fixtures or make any alterations, additions or improvements
to the Hangar Space without the prior written approval of the Commission. All fixtures
installed or additions and improvements made to the Hangar Space shall, upon
completion of such additions and improvements, become Commission property and shall
remain in the Hangar Space at the expiration or termination of this Lease, however
terminated, without compensation or payment to Tenant. Fixtures include, but are not
limited to, locks, brackets for window coverings, plumbing, light fixtures, luminaries, and
any item permanently attached to the wall, floor, or ceiling of the Hangar Space by
means of cement, plaster, glue, nails, bolts, or screws.
12. Hazardous Materials.
a. With the exception of Paragraph 12c below, no "hazardous substance,"as
defined in Iowa Code section 4556.411 (2011), may be stored, located, or
contained in the Hangar Space without the Commission prior written approval.
(The Iowa Code can be found online at www.legis.state.iaus/lACODE . The. U.S.
Code can be found online at www.findlaw.com/casecode/uscodes/index.html Federal
regulations can be found online at htto://www.access.gpo.gov/nara/cfr/cfr-table-
search.html. ) Petroleum products and their byproducts for personal use may be
stored or present in the Hangar Space if said substances are contained in
approved containers.
b. With the exception of Paragraph 12c below, Tenant shall handle, use, store and
dispose of fuel petroleum products, and all other non-"hazardous substances"
owned or used by it on the Airport in accordance with all applicable federal, state,
local and airport statutes, regulations, rules and ordinances. No waste or
disposable materials shall be released on the ground or in the storm sewers.
Should such materials be spilled or escape from storage or in any way
contaminate the Airport or property adjacent to the Airport through activities of
the Tenant, the Tenant shall be responsible for the clean up, containment and
otherwise abatement of such contamination at Tenant's sole cost and expense.
Further, Tenant shall notify the Commission and appropriate governmental
agency of such occurrence immediately. Should Tenant fail to do so, the
Commission may take any reasonable and appropriate action in the Tenant's
stead. The cost of such remedial action by the Commission shall be paid by the
Tenant.
a Tenant may have the following materials stored in the Hangar Space:
• 2 barrels of engine oil
• 2 1/2 gallons gasoline for motorized tugs (but no aviation
fuel or gasoline in drums)
• 1 gallon of cleaning solvents
5
13. Special Events.
During any special event at the Airport, including but not limited to the Sertoma
Breakfast or Fly Iowa, Tenant acknowledges that the standard operating procedure at
the Airport may be altered such that egress and ingress to the Hangar Space may be
altered by the Commission in writing. Tenant's 1 failure to comply with the altered
procedure is a default of this Lease, and the Commission may proceed to terminate this
Lease.
14. Airport Rules and Regulations.
Tenant agrees to be subject to Airport rules and regulations upon adoption by the
Commission or provide 30-days notice to terminate this Lease. Commission shall
provide Tenant with a copy of said rules and regulations 30-days prior to their effective
date.
15. Access and Inspection.
The Commission has the right to enter and inspect the Hangar Space at any reasonable
time during the term of this Lease upon at least 24 hours notice to the Tenant for any
purpose necessary, incidental to or connected with the performance of its obligations
under the Lease or in the exercise of its governmental functions. In the case of an
emergency, the Commission may enter the Hangar Space without prior notice
but will provide notice to the Tenant after the fact. The Commission shall not,
during the course of any such inspection, unreasonably interfere with the Tenant's use
and enjoyment of the Hangar Space. At a minimum, the Hangar Space will be inspected
annually. Upon execution of this Lease, the Tenant subsequently changes the lock to
the Hangar Space, he or she shall provide shall provide notice to the Commission before
he or she does so and shall provide a new key to the Commssion within twenty-four
hours of doing so.
16. Insurance.
a. Tenant shall at its own expense procure and maintain general liability and
casualty insurance in a company or companies authorized to do business in the
State of Iowa, in the following amounts:
Type of Coveraqe
Comprehensive General (or Premises) Liability- Each Occurrence$1,000,000
b. Tenant's insurance carrier shall be A rated or better by A.M. Best, Tenant shall
name the.Commission and the City of Iowa City, as additional insured. The
Commission and Tenant acknowledge that a Certificate of Insurance is attached
to this Lease. Tenant shall provide fifteen (15) days notice to the Commission
before cancellation of said insurance.
c. It is the Tenant's responsibility to keep the insurance certificate current. If the
Certificate of Insurance expires during the term of the lease, the Tenant must
provide a current certificate to the Commision within seven (7) days of when the
Certificate expires.
17. Casualty.
e
In the event the Hangar or Hangar Space, or the means of access thereto, shall be
damaged by fire or any other cause, the rent payable hereunder shall not abate provided
that the Hangar Space is not rendered untenantable by such damage. If the Hangar
Space is rendered untenantable and Commission elects to repair the Hangar or Hangar
Space, the rent shall abate for the period during which such repairs are being made,
provided the damage was not caused by the acts or omissions of Tenant, its employees,
agent or invitees, in which case the rent shall not abate. If the Hangar or Hangar Space
is rendered untenantable and Commission elects not to repair the Hangar or Hangar
Space, this Lease shall terminate.
18. Indemnity.
Tenant agrees to release, indemnify and hold the Commission, 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.
19. Disclaimer of Liability.
The Commission hereby disclaims, and Tenant hereby releases the Commission from
any and all liability, whether in contract or tort (including strict liability and negligence)for
any loss, damage or injury of any nature whatsoever sustained by Tenant, its
employees, agents or invitees during the term of this Lease, including, but not limited to,
loss, damage or injury to the Aircraft or other property of Tenant that may be located or
stored in the Hangar Space, unless such loss, damage or injury is caused by the
Commission's gross negligence or intentional willful misconduct. The parties hereby
agree that under no circumstances shall the Commission be liable for indirect
consequential, special or exemplary damages, whether in contract or tort (including strict
liability and negligence), such as, but not limited to, loss of revenue or anticipated profits
or other damage related to the leasing of the Hangar Space under this Lease.
20. Attorney Fees.
If the Commission files an action in district court to enforce its rights under this Lease
and if judgment is entered against the Tenant, Tenant shall be liable to and shall pay for
the Commission's attorney fees incurred in enforcing the Lease and in obtaining the
judgment.
21. Default.
This Lease shall be breached if: (a) Tenant fails to make the rental payment; or (b)
Tenant or the Commission fails to perform any other covenant herein and such default
shall continue for five (5) days after the receipt by the other party of written notice.
Upon the default by Tenant, or at any time thereafter during the cintinuance of such
default, the Commission may take any of the following actions and shall have the
following rights aganst Tenant:
7
a. Termination. Commission may elect to erminate 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 herin 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 thereof shall relieve Tenant of its liabilities and obligations hereunder,
all of which shall survive such termination, repossession, 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 Comission the rent
and other sums and charges required to by paid by the Tenant for the period to
and including the end of the Term.
22. Security.
Tenant acknowledges that the FAA or another governmental entity or subdivision may
enact laws or regulations regarding security at general aviation airports such that the
Commission may not be able to comply fully with its obligations under this Lease, and
Tenant agrees that the Commission shall not be liable for any damages to Tenant that
may result from said non-compliance.
23. Thirty (30) Days Termination.
Either party to this Lease shall have the right, with cause, to terminate this Lease by
giving thirty (30) days' prior written notice to the other party.
24. Non-Discrimination.
Tenant shall not discriminate against any person in employment or public accommodation
because of race, religion, color, creed, gender identity, sex, national origin, sexual
orientation, mental or physical disability, marital status or age. "Employment" shall include
but not be limited to hiring, accepting, registering, classifying, promoting, or referring to
employment. "Public accommodation" shall include but not be limited to providing goods,
services, facilities, privileges and advantages to the public.
25. 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
a
covenant running with the land that: (1) no person on the grounds of race, color,
or national origin shall be excluded from participation in, denied the benefits of, or
be otherwise subject to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land and the furnishing
of services thereon, no person on the grounds of race, color, or national origin
shall be excluded from participation in, denied the benefits of, or otherwise be
subject to discrimination, (3) that Tenant, shall use the premises in compliance
with all other requirements imposed by or pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of
Transportation, and as said Regulations may be amended.
c. It in understood and agreed that nothing herein contained shall be construed to
grant or authorize the granting of an exclusive right within the meaning of Section
308 of the Federal Aviation Act of 1958. This Lease shall be subordinate to the
provisions of any outstanding or future agreement between the Commission and
the United States government or the Commission and the State of Iowa relative to
the maintenance, operation, or development of the Iowa City Municipal Airport.
•
Tenant acknowledges and agrees that the rights granted to Tenant in this Lease
will not be exercised so as to interfere with or adversely affect the use, operation,
maintenance or development of the Airport
d. Tenant agrees to furnish service on a fair, equal and not unjustly discriminatory
basis to all users thereof, and to charge fair, reasonable and not unjustly
discriminatory prices for each unit or service; provided, that Tenant may make
reasonable and non-discriminatory discounts, rebates, or other similar types of
price reductions to volume purchasers.
e. The Commission reserves the right (but shall not be obligated to Tenant) to
maintain and in repair the landing area of the airport and all publicly-owned
facilities of the airport, together with the right to direct and control all activities of
Tenant in this regard.
f. The Commission reserves the right further to develop or improve the landing
area and all publicly-owned air navigation facilities of the airport as it sees fit,
regardless of the desires or views of Tenant, and without interferences or
hindrance.
g. The Commission reserves the right to take any action it considers necessary to
protect the aerial approaches of the airport against obstructions, together with the
right to prevent Tenant from erecting, or permitting to be erected, any building or
other structure on the airport which in the opinion of the Commission would limit
the usefulness of the airport or constitute a hazard to aircraft.
h. During time of war or national emergency, the Commission shall have the right to
enter into an agreement with the United States Government for military or naval
use of part or all of the landing area, the publicly-owned air navigation facilities
and/or other areas or facilities of the airport. If any such agreement is executed,
the provisions of this instrument, insofar as they are inconsistent with the
provisions of the agreement with the Government, shall be suspended.
It is understood and agreed that the rights granted by this Lease will not be
exercised in such a way as to interfere with or adversely affect the use,
operation, maintenance or development of the airport.
j. There is hereby reserved to the Commission, its successors and assigns, for the
use and benefit of the public, a free and unrestricted right of flight for the
9
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.
26. 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.
27. Notices.
Any notice, for which provision is made in this Lease, shall be in writing, and may be
given by either party to the other, in addition to any other manner provided by law, in any
of the following ways:
a. by personal delivery to the Commission Chairperson
b. by service in the manner provided by law for the service of original notice, or
c. by sending said Notice by certified or registered mail, return receipt requested, to
the last known address. Notices shall be deemed to have been received on the
date of receipt as shown on the return receipt.
(1) If to the Commission, addressed to:
Iowa City Airport Commission
Iowa City Municipal Airport
1801 S. Riverside Drive
Iowa City, IA 52246
(2) If to Tenant, addressed to:
Email:
28. Operations Specialist
The Operations Specialist is the person designated by the Commission to manage the
Hangar Space and to deliver all notices and demands from the Commission, to receive
keys to the Hangar Space as provided in Paragraph 14, and to perform inspections as
provided in Paragraph 15.
29. Integration.
10
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.
30. 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.
31. 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.
32. Severability.
If a provision hereof shall be finally declared void or illegal by any court or administrative
agency having jurisdiction over the parties to this Lease, the entire Lease shall not be
void, but the remaining provisions shall continue in effect as nearly as possible in
accordance with the original intent of the parties.
IOWA CITY AIRPORT COMMISSION
By: c-> }�
Title: c M- Date: 7 t 7'�/i >�
TENANT: C7G h Gee NSI eft
t
By: m.c—&4 . /,L✓tr
Title: Date: 9 -'-7-2o12
Approved:
City Attorney's Office
C Hangar Lease 0-05
Prepared by: Susan Dulek,Asst.City Attorney,410 E.Washington Street, Iowa City, IA 52240(319)356-5030
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN A
LISTING AGREEMENT WITH LEPIC-KROEGER REALTORS
TO SELL AND LEASE PROPERTY IN THE AVIATION COMMERCE
PARK.
WHEREAS, it is in the best interest of the Commission to enter into a listing agreement
with Lepic-Kroeger Realtors with Jeff Edberg as the listing agent and the City of Iowa
City to sell and lease lots in Aviation Commerce Park.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION
THAT:
Upon the direction of the City Attorney's Office, the Chairperson is authorized to sign a
listing agreement with Lepic-Kroeger Realtors and the City of Iowa City to lease and sell
lots in Aviation Commerce Park through December 31, 2013.
Passed and approved this + S day of 04101/‹-",--e./ , 2012.
`er1• f 1aa -
CHAI NSON
Approved byATTEST: 0„,,_ c„ it
-
SECRETARY City Attorney's Office
It was moved by , . .e r and seconded by W77 the
Resolution be adopte and upon roll call there were:
AYES: NAYS: ABSENT:
1 Assouline
Gardinier
LV Horan
Mascari
Ogreni
LISTING AGREEMENT
This Agreement is being made and entered into among Lepic-Kroeger Realtors ("Agent"), the
City of Iowa City, a municipal corporation, ("Owner"), and the Iowa City Airport Commission
("Commission") in Iowa City, Iowa.
RECITALS:
Whereas, the Owner desires now to offer the remaining lots in Aviation Commerce Park ("the
lots" or"the Property") for sale as well as for lease;
Whereas, the Owner desires the Commission to recommend to it whether an offer to purchase
should be accepted;
Whereas, the Owner desires that said lots may still be offered for lease by the Commission
with consultation with the Owner; and
Whereas, the Agent desires to be the Owner's agent in selling the lots and the Commission's
agent in leasing the lots.
AGREEMENTS:
NOW, THEREFORE, it is agreed as follows:
1. COMMISSION. The Commission has the sole right and authority to review and approve
any land lease transaction. Attached, marked Exhibit "A", and incorporated herein is an
agreement for the listing of the lots for lease by Agent.
2. OWNER. The Owner has the sole right and authority to review and approve any land
sale transaction. The City Manager may accept an offer to purchase on the contingency that
said offer must be approved by the Owner. The Owner may not enter into a land sale
transaction without receiving the Commission's recommendation. If the Owner rejects the
Commission's recommendation, the Owner and the Commission shall meet to discuss the
potential sale transaction, but the Owner maintains the sole right and authority to enter into
said transaction.
3. SALES AND LEASE PROCEDURES. An outline of the land sales transaction is
attached, marked Exhibit "B", and incorporated herein, and shall be utilized for the sale of the
lots. An outline of the land lease transaction is attached, marked Exhibit "C", and incorporated
herein, and shall be utilized' for the lease of the lots.
4. AGENCY. Except as provided in paragraph 16 below, Owner hereby employs Agent
and Agent accepts such employment by Owner as the exclusive agent with the sole right and
authority, to offer for sale and to lease the land, designated as lots 6-9 and 11-13 on Exhibit "D"
which is attached and incorporated herein.
5. TERM. The term of this Agreement and Agent's employment, right and authority shall be
from the date of execution through December 31, 2013.
6. AGENT'S RESPONSIBILITIES. Agent hereby agrees as follows:
a. To secure and compile appropriate and customary written information with
respect to the sale of the Property.
b. To exert Agent's best efforts to perform its obligations under this Agreement
including, but not limited to, enlisting the efforts and resources of Agent's organization,
and to: (i) list the Property for sale with any local or other appropriate multiple listing
services; (ii) advertise the Property for sale in a commercially prudent manner. Agent
shall advertise the Property at terms and conditions that have been approved in advance
in writing by Owner and attached hereto as Exhibit "E."
c. To submit monthly progress reports to the City Manager and the Airport Manager
by the 10th day of each month that includes, but is not limited to, the following: (1)
advertising activity/ status of marketing; (2) new contacts made with interested parties
(the name of the person or business is not required); (3) the status of the contacts
identified in the previous report; and (4) the current market information affecting the
Property. At the request of Owner, Agent shall attend meetings of Owner relative to the
scope of this Agreement, and Agent shall attend meetings of Commission relative to the
scope of this Agreement every other month beginning January 17, 2013 and at other
time requested by Commission.
d. To solicit active cooperation from other qualified brokers in the sale of the
Property.
e. To use its best efforts to sell the Property at the terms approved by Owner.
7. PAYMENT OF SALE COMMISSION. Except as provided in paragraph 16 below, Agent
acknowledges and agrees that Owner shall be obligated to pay sales commissions and fees, as
set forth below, only to Agent. Agent shall be entirely responsible for payment and satisfaction
of any and all co-brokerage obligations due any other brokers or sales agents working with
Agent, or who have procured for Agent, or referred to Agent, a buyer.
8. OWNER'S RESPONSIBILITIES. Owner hereby agrees as follows:
a. During the term of this Agreement, Owner shall pay Agent a sales fee per
transaction for a Buyer procured by Agent as follows:
7% of the first $500,000 of gross sales price
6% of the second $500,000 of gross sale price
5% of the next $1,000,000 of gross sale price
3% thereafter
b. In addition, Owner shall pay Agent a sales fee, as set forth above, for a sale
effected by Owner within 360 days following the termination of this Agreement, provided:
(i) Agent has previously shown the Property to the buyer; (ii) such buyer is included on a
written list of prospective buyers submitted to Owner within ten (10) calendar days
following the termination of this Agreement.
c. Except as specifically set forth herein, to refrain from negotiations with
prospective buyers or their agents and to direct to Agent all prospective buyers and their
agents, and all brokers, and other persons or entities interested in purchasing the
Property.
d. To cooperate with Agent and to permit Agent to conduct all negotiations and
other dealings with all prospective buyers and their agents.
e. At the time of settlement promptly deliver a complete abstract showing good and
merchantable title to the date of transfer and execute a warranty deed to the property for
delivery to the buyer, or enter into a contract for deed.
9. NON-DISCRIMINATION. Agent covenants its employees, and agents 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. Agent shall remain in compliance with all requirements
of 49 CFR Part 21, Non-Discrimination in Federally Assisted Programs of the Department of
Transportation.
10. TIME OF ESSENCE. Time is of the essence as to this Agreement and each of its terms
and provisions.
11. ASSIGNMENT. Agent shall not assign or allow assumption of this Agreement except
with prior written consent of Owner and Commission. In the event this Agreement is assigned
by Owner in conjunction with the sale of lots, with such an assignment to occur only with the
express consent of Agent, Owner shall be released from liability for all matters arising after the
effective date of the assignment.
12. NOTICES. Any notice required or permitted to be given hereunder shall be in writing
and:
As to Owner shall be delivered by: (i) certified mail, return receipt requested; or (ii) prepaid
Federal Express or other similar overnight delivery service, in care of City Manager, Iowa City
Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240.
As to Commission shall be delivered by: (i) certified mail, return receipt requested; or (ii)
prepaid Federal Express or other similar overnight delivery service, in care of Airport
Operations Specialist, Iowa City Municipal Airport, 1801 S. Riverside Drive, Iowa City, Iowa
52246.
As to Agent shall be delivered by: (i) personal service; (ii) certified mail, return receipt
requested; or(iii) prepaid Federal Express or other similar overnight delivery service, addressed
to: Jeff Edberg, 2346 Morman Trek Blvd., Iowa City, IA 52246.
Notice by personal service shall be deemed delivered upon service. Notice by certified mail
shall be deemed delivered three business days following deposit of the mailing with adequate
postage, addressed to the receiving party's most current address for the purposes of notice, or
upon receipt of the certified mailing by the party to whom directed, whichever first occurs.
Notice by overnight delivery service shall be deemed given on the next business day following
sending of the notice addressed to the receiving party at their most current address for the
purposes of notice. Addresses for purposes of notices may be changed by a party from time to
time upon providing formal notice of such change to the other party.
13. AMENDMENT. This Agreement may be modified in writing only, duly signed by all parties.
14. APPLICABLE LAW. This Agreement is declared to be a contract of the State of Iowa
and shall be construed in accordance with the laws of Iowa.
15. ENTIRE AGREEMENT. All negotiations, considerations, representations and
understandings, prior proposals or earlier written documents between the parties as to the
sale of the Property are incorporated into this Amendment, which contains the entire
agreement of the Parties as to the sale of the Property. The Parties agree and acknowledge
that no representations, warranties or agreements, other than as set forth in this Amendment
have been made by the parties to each other as to the sale of the Property.
16. LOTS 9 AND 10. The parties acknowledge that the City Manager has accepted an
offer on Lots 9 and 10 contingent, in part, on City Council approval and FAA funding to acquire
land owned by the buyer. Notwithstanding Paragraph 8 above, Agent agrees to accept and
Owner agrees to pay a commission of $5,000 for each lot, or $10,000 in total, if said sale
closes.
CITY OF IOWA CITY (EPIC-KROEGER REALTORS
Mathew J. Hayek, Ma or i��r� dberg�►
Attest:
Maria-K. Karr, City Clerk
THE IOWA CITY AIRPORT COMMISSION
Air.;dird.u. _.
Q.- • .oulin\Chairperson
CITY ACKNOWLEDGMENT
STATE OF IOWA
SS:
JOHNSON COUNTY )
On this 2 day of K.10 V E.r),__19er, 2012, before me, the undersigned, a notary
public in and for the State of Iowa, personally appeared Mathew J. Hayek and Marian K. Karr, to
me personally known, who being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of said municipal corporation executing the within and foregoing instrument;
that the seal affixed thereto is the seal of said municipal corporation; that said instrument was
signed and sealed on behalf of said municipal corporation by authority of its City Council; and
that the said Mayor and City Clerk as such officers acknowledged that the execution of said
instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily
executed.
Notary Public in and for the State of Iowa
A� b \ JKELLIE K.TUTTLE
. Commission Number 221819
City Attorney's Office ; Mymis bn Expires
EXHIBIT A
This governs the legal relationship ( "Lease Agreement") between Lepic-Kroeger Realtors
("Agent") and the Iowa City Airport Commission ("Commission") with regard to leasing lots 6-9
and 11-13 in Aviation Commerce Park as designated on Exhibit "D" of the Listing Agreement
("the Property").
1. TERM. The term of this Lease Agreement and Agent's employment, right and
authority shall commence upon execution of the Listing Agreement and terminate upon
termination of the listing Agreement.
2. AGENTS RESPONSIBILITIES. Agent hereby agrees as follows:
a. To secure and compile appropriate and customary written information with
respect to the leasing of the Property.
b. To exert Agent's best efforts to perform its Obligations under this Lease
Agreement including, but not limited to, enlisting the efforts and resources of
Agent's organization, and to: (i) list the Property for Lease with any local or
other appropriate multiple listing services; (ii) to place the appropriate signage
on the Property; and (iii) advertise the Property for lease in a commercially
prudent manner. Agent shall advertise the Property at monthly rentals and
terms that have been approved in advance in writing by Commission.
E._.;To submit written monthly progress reports to Commission by the 10th day of
each month beginning December 10, 2012. The monthly report shall contain
the information set forth in Paragraph 6c above. Agent shall attend meetings
of Commission every other month relative to the scope of this Lease
Agreement beginning January 17, 2013 and at rental rates listed in ExhibitTF;
whichls attached and incorporated herein.;
d. To solicit active cooperation from other qualified brokers in the leasing of the
Property.
e. To use its best efforts to lease the Property at the rentals and upon the terms
approved by Commission.
f. Agent will not be held liable for the performance of any term, covenant or
condition contained in any agreement pertaining to the Property except as set
forth in this Lease Agreement and in any other written lease Agreement
between the parties.
3. PAYMENT OF LEASING COMMISSION. Agent acknowledges and agrees that
Commission shall be obligated to pay leasing commissions and fees, as set forth below, only to
Agent. Agent shall be entirely responsible for payment and satisfaction of any and all co-
brokerage obligations due any other brokers or leasing agents working with Agent, or who have
procured for Agent, or referred to Agent, a tenant.
4. COMMISSION'S RESPONSIBILITIES. Commission hereby agrees as follows:
a. During the term of this lease Agreement, Commission shall pay Agent a
leasing fee equal to twenty-five cents ($.25) per gross square foot of land
area under lease. The leasing fee shall be due and payable in three (3) equal
annual installments with the first installment due at the time of lease
execution and each of the two remaining annual installments due on/or
before the subsequent lease execution anniversary dates.
b. In addition, Commission shall pay Agent a leasing fee, as set forth above, for
leases executed by Commission within one (1) year following the termination
of this Lease Agreement, provided: (i) Agent has previously shown the
Premises to that tenant; (ii) Agent has had active negotiations with tenant;
and (iii) such tenant is included on a written list of prospective tenants
submitted to Commission within ten (10) calendar days following the
termination of this Lease Agreement.
c. Except as specifically set forth herein, to refrain from negotiations with
prospective tenants or their agents and to direct to Agent all prospective
tenants and their agents, and all brokers, and other persons or entities
interested in leasing the Premises.
d. To cooperate with Agent and to permit Agent to conduct all negotiations and
other dealings with all prospective tenants and their agents. All tenants, lease
terms, and lease conditions shall be approved by Commission, with all
leases to be signed by Commission upon Commission's lease form.
5. COMMISSION INDEMNIFICATION OF AGENT. Commission will indemnify,
defend and save Agent safe and harmless from all claims in connection with the Property and
from liability for damaged property and injuries to or death of any person, except in those cases
where the damage to property or injuries or death to persons is caused by, or contributed to,
Agent's willful malfeasance, bad faith, reckless disregard of duty or negligence.
EXHIBIT B
Aviation Commerce Park
Lot Sale Procedures
After Purchase Offer has been received by Agent:
1. Agent delivers copy of Offer to City Manager and Airport Operations Specialist.
2. Agent works with Airport Operations Specialist and City Manager on negotiating
favorable terms and conditions, including but not limited to Counter-Offers.
3. Agent forwards copy of final terms and conditions to City Manager and Airport
Operations Specialist.
4. City Manager may accept offer contingent upon approval by City Council.
5. Agent presents Offer, whether or not accepted by City Manager, to Commission for its
recommendations.
6. Commission makes recommendation to Owner.
7. If Owner disagrees with Commission's recommendation, Commission and Owner shall,
within a reasonable period of time, meet and discuss said offer prior to Owner's final
action, but Owner retains sale right to accept or reject offer.
8. Owner votes on whether to accept offer.
EXHIBIT C
Aviation Commerce Park
Lot Lease Procedures
After Lease Offer has been received by Agent:
1. Agent delivers copy of Offer to City Manager and Airport Operations Specialist.
2. Agent works with Airport Operations Specialist and City Manager on negotiating
favorable terms and conditions, including but not limited to Counter-Offers.
3. Agent forwards copy of final terms and conditions to City Manager and Airport
Operations Specialist.
4. Agent presents Offer to Owner for its recommendations.
5. Owner makes recommendation to Commission.
6. If Commission disagrees with Owner's recommendation, Commission and Owner shall,
within a reasonable period of time, meet and discuss said offer prior to Commission's
final action, but Commission retains sale right to accept or reject offer.
7. Commission votes on whether to accept offer.
•
•
•
•
•
;44=� 1 I. S2.LON' CINtl.\ QN3`31
Y Ilo
'
n crtt¢olw
4 svoci 1Amp,
•
1 Areae m • Priem
1Y'tll•Y
•
•
• • yi• •1.
, Tee;
.1 ✓' • wpvp
•
•
i
\ :±— errs'. sem` Ye��i3' �,
17• 11 Ii
Jti• ^`Z f 4' • • 1...?
� `fit
is'
---..)767, •-:
: ', `� �( \ ���✓_�T —J . '%len..w-..w-41-.Ll'y—•_ •
arInvel
•
` __ .w.M9 L M .4���In4�1 [11eeW9' �- 1�� �d t L \
- �- r C i
. n 4p nq Lira UM4r3 zl* OWN Urn IWD x aco
. , a m► *iv trach Qtn[ 9 cm 75=MDBUDS an ' p
lialrottr ACUS 40.yet H Aro un sumo=lan ,
• :AK OYtlPdyNd Ira
•
•
EIV OI • 'LIED �j}•� QF ...-no-one Nut'/.10 via-law Dom s min-LI{swan=Sail NB QIW691d
•'• ••'sante vA 4.3 Cifrt an NnrCATQIin}93i e
PRICING
yG
MODEL
EXHIBIT E
Purchase
Price
Acres SF
1 1.38 60,076 225,000 3.75 5d1 D
2 4.44 193,482 562,000 2.90 30 L.-13
3 6.33 275,603 547,500 1.99 SoL-D
4 7.21 313,924 910,000 - 2.90 Sock
' - 5 3.17 137,904 420,000 3.05 SOLD
6 2.18 94,754 465,000 4.91
7 0:97 42,253 210,000 4.97
8 1.25 54,250 ' 265,000 4.88
9 1.23. 53,761 265,000. 4.93
10 2.12 92,230 430,000 4.66 50Ld7 i
.11 1.46 63,429 315,000 4.97
12 0.81 35,331 175,000 4.95
13 0.90 39,280 . 195,000 4.96
'14 0.91 39,454 195,000 4.94S6L1
15 0.91 39,423 195,000 4.95 SOL D
16 0.89 38,919 19.5,000 5.01 Sat-D
17 1.07 46,628 • - 230,000 4.93 ce,LJ •
37.21 1,620,701 5,799,500
•_ 37.21 acres
•
•
- 7.39 acres
•
•
j
' 0ab ve pricing is valid as of September 2007. 11
e't'. ding is subject to review and adjustment at Commission/Owner's discretion
Via'
tea<^ : .- -
.:js.'sb h
'tom,, ,
--
Airport Commercial Lots Lease Price Exhibit
Lot# Acres Square feet Price/sf Purchase price Status Lease/Ft
1 1.38 60,076 3.75 225,000 Sold
2 4.44 193,482 2.90 562,000 Sold
3 6.33 275,603 1.99 547,500 Sold
4 7.21 313,924 2.90 910,000 Sold
5 3.17 137,904 3.05 420,000 Sold
6 2.18 94,754 4.91 465,000 $ 0.42
7 0.97 42,253 4.97 210,000 $ 0.42
8 1.25 54,250 4.88 265,000 $ 0.42 .
9 1.23 53,761 4.93 265,000 $ 0.42
10 2.12 92,230 4.66 430,000 Sold
11 1.46 63,429 4.97 315,000 $ 0.42
12 0.81 35,331 4.95 175,000 $ 0.42
13 0.9 39,280 4.96 195,000 $ 0.42 a.,,•pE wneoassi bsas
14 0.91 39,454 4.94 195,000 50 L-D $ 0.42
15 0.91 39,423 4.95 195,000 So_a $ 0.42 ' x'
'
16 0.89 38,919 5.01 195,000 OLb $ 0.43 mn
17 1.07 46,628 4.93 230,000 col_ D $ 0.42 '?
Totals 37.23 1,620,701 4.33 avg. 5,799,500
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
RESOLUTION NO. P/ a - ._3S
RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AN
AMENDMENT TO HANGAR 71 LEASE.
WHEREAS, the Iowa City Airport Commission and Wingnuts, LLC (Tenant) entered into
Corporate Hangar Lease ("Lease") for hangar#71 on April 19, 2012; and
WHEREAS, the parties now wish to amend the Lease to provide that there will be no rent
increase in the first option period in consideration of the Tenant adding improvements to the
hangar space in the amount of approximately $15,000.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT:
1. The Chairperson is hereby authorized to sign and the Secretary to attest to the attached
amendment.
Passed and approved this day of PUO''-'4—J-e--r , 2012.
CHAIR'
Approved b�
ATTEST: '�'' � ( < i
SECRETARY City Attorney's Office
It was moved by [—I—Oft ^ and seconded by r-C(i v 11 AZ the Resolution be
adopted, and upon roll call there were:
Ayes Nays Absent
Assouline
Gardinier
✓ Horan
(/ Mascari
Ogren
Hangar#71 Lease Amendment#1
WHEREAS, the Iowa City Airport Commission and Wingnuts, LLC (Tenant)entered
into Corporate Hangar Lease ("Lease")for hangar#71 on April 19, 2012; and
WHEREAS, the parties now wish to amend the Lease to provide that there will be no rent
increase in the first option period in consideration of the Tenant adding improvements to
the hangar space in the amount of approximately $15,000.
' THE PARTIES AGREE AS FOLLOWS:
Paragraph 2 of the Lease is deleted in its entirety and is replaced with the following new
Paragraph 2:
2. Term.
The term of this Lease shall commence on the date of occupancy and shall end on
the last day of the month of December, 2017.
There shall be 3 option periods of 5 years which may be exercised by Tenant.
The Option periods are for:
January 1, 2018-December 31, 2022;
January 1, 2023-December 31, 2027;
January 1, 2028-December 31, 2032.
The rent shall remain $650 per month for the first option period. For the option
period beginning January 1, 2023: Rent for the new period shall be adjusted by the
CPI Index based on the CPI index for the previous 5-year term. Data for the CPI-U,
US City Average, All Items Less Food and Energy: shall be used in determining any
CR adjustment. Base Period 1982-1984=100.
Tenant shall notify the Commission in writing of its intent to exercise options at
least ninety (90) days prior to the expiration of the then current lease term.
/ Q 1 , /�
m
John Ockenfels, anager Dat,
Win:nuts, LLC
St. 11I2\\ZO(
Date
Chaff ••I on,Airport Co ission •
‘'ia _
City Attorney Approved
Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045
RESOLUTION NO. /9/a-
RESOLUTION ACCEPTING THE WORK FOR THE RUNWAY 7/25 PARALLEL
TAXIWAY GRADING & DRAINAGE
WHEREAS, the Commission's consultant for the above referenced project, AECOM Inc., has
recommended that the work associated with the project, by Carter and Associates Inc., be
accepted as complete.
WHEREAS, the final contract price is $1,231,645.80 which is established from the original
contract cost of $1,278,474.5 minus $46,828.7 from Change Orders #1-5.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT:
Said improvements are hereby accepted by the Iowa City Airport Commission.
Passed and approved this 2-7 day of , 2012.
CHAIR' RSO
Approved by
ATT
—SECRETARY City Attorney's Office
It was moved by — and seconded by bS the Resolution be
adopted, and upon roll call there were:
Ayes Nays Absent
Assouline
✓ Gardinier
Horan
.� Mascari
Ogren
Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-356-5045
RESOLUTION NO. /9/a2 — ,q 7
RESOLUTION ACCEPTING THE WORK FOR THE "HANGAR M TAXIWAY
IMPROVEMENTS"
WHEREAS, the Commission's consultant for the above named project, Foth Environment &
Infrastructure, has recommended that the work associated with the project, by Bud Maas
Concrete Inc., be accepted as complete.
WHEREAS, the final contract price is $ 38,922.50 which is established from the original contract
cost of $ 39,822.50 minus $900.00 from Change Orders #1 reflecting actual quantities installed.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT:
Said improvements are hereby accepted by the Iowa City Airport Commission.
Passed and approved this 21 day of bac, n L/ , 2012.
CHAIRPER ,
Approved by
ATTE ��—�— - � _ L
C'ETARY City Attorney's Office
It was moved by 1 -cr'c•--- and seconded by (9 fc4 ' the Resolution be
adopted, and upon roll call there were: �}
Ayes Nays Absent
Assouline
Gardinier
Horan
Mascari
✓ Ogren