Loading...
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