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HomeMy WebLinkAbout2016 Airport Commission Resolutions RESOLUTIONS -- 2016 RES. NO. SUBJECT DATE A16-01 RESOLUTION ACCEPTING THE WORK FOR THE FUEL 1/21/16 SYSTEM REHAB AND TANK COATING PROJECT A16-02 RESOLUTION SETTING A PUBLIC HEARING ON 1/21/16 FEBRUARY 18, 2016 FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE CONSTRUCTION OF "2016 TERMINAL APRON EXPANSION" PROJECT, AND DIRECTING CITY CLERK TO PUBLISH NOTICES OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION A16-03 RESOLUTION AWARDING CONTRACT AND 2/2/16 AUTHORIZING AIRPORT SPECIALIST TO SIGN CONTRACT FOR HANGAR F BOILER REPLACEMENT AND ASSOCIATED WORK A16-04 RESOLUTION GIVING NOTICE OF INTENT TO RENEW 2/2/16 A GROUND LEASE WITH THE UNITED STATES FOR GROUND ADJACENT TO THE U.S. ARMY RESERVE CENTER AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR FEBRUARY 18, 2016 A16-05 RESOLUTION GIVING NOTICE OF INTENT TO 2/18/16 EXECUTE A GROUND LEASE WITH TERRY EDMONDS FOR GROUND LOCATED AT THE IOWA CITY MUNICIPAL AIRPORT AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR MARCH 17, 2016 A16-06 RESOLUTION APPROVING PLANS, SPECIFICATIONS, 2/18/16 FORM OF CONTRACT, AND ESTIMATE ON COST FOR "2016 TERMINAL APRON EXPANSION" CONSTRUCTION PROJECT AT THE IOWA CITY MUNICIPAL AIRPORT A16-07 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 2/18/16 EXECUTE AND THE SECRETARY TO ATTEST TO A LAND LEASE BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, AND THE UNITED STATES GOVERNMENT A16-08 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 3/17/16 EXECUTE AND THE SECRETARY TO ATTEST TO A LAND LEASE BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, AND TERRY EDMONDS A16-09 RESOLUTION TO ADOPT 2016 AIRPORT EMERGENCY 3/17/16 PLAN C, 201$ Resolutions Page 2 A16-10 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 4/21/16 SIGN THE ANNUAL NATIONAL MUSEUM OF THE UNITED STATES AIR FORCE STATIC DISPLAY LOAN PROGRAM AGREEMENTS A16-11 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 4/21/16 SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR ELECTRICAL TRANSFORMER INSTALLATION IN THE SOUTH T-HANGAR AREA A16-12 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 4/21/16 SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR GAS MAIN INSTALLATION IN THE SOUTH T- HANGAR AREA A16-13 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 4/21/16 SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR ELECTRICAL SERVICE INSTALLATION IN THE SOUTH T-HANGAR AREA A16-14 RESOLUTION ACCEPTING BIDS AND AUTHORIZING 4/21/16 THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR 2016 TERMINAL APRON EXPANSION A16-15 RESOLUTION RECOMMENDING COUNCIL GRANT A 5/19/16 UTILITY EASEMENT TO MIDAMERICAN ENERGY, INC. FOR UTILITIES AT THE IOWA CITY MUNICIPAL AIRPORT. A16-16 RESOLUTION TO AMEND THE IOWA CITY AIRPORT 5/19/16 COMMISSION BY LAWS TO REFLECT A JULY 1ST START DATE FOR COMMISSIONER TERMS A16-17 RESOLUTION RECOMMENDING COUNCIL GRANT A 5/19/16 UTILITY EASEMENT TO MIDAMERICAN ENERGY, INC. FOR UTILITIES AT THE IOWA CITY MUNICIPAL AIRPORT A16-18 RESOLUTION GIVING NOTICE OF INTENT TO 8/5/16 EXECUTE A GROUND LEASE WITH JET AIR, INC. FOR GROUND LOCATED AT THE IOWA CITY MUNICIPAL AIRPORT AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR AUGUST 18, 2016. A16-19 RESOLUTION SETTING A PUBLIC HEARING FOR 8/5/16 LEASE OF HANGAR M A16-20 RESOLUTION SETTING A PUBLIC HEARING FOR AN 8/5/16 AMENDMENT TO THE FIXED BASED OPERATORS AGREEMENT A16-21 RESOLUTION AUTHORIZING CHAIRPERSON TO 8/18/16 ACCEPT IOWA DEPARTMENT OF TRANSPORTATION GRANT 2016 Resolutions Page 3 A16-22 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 8/18/16 SIGN A PURCHASE AGREEMENT FOR HANGAR BUILDING "M" A16-23 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 8/18/16 EXECUTE AND THE SECRETARY TO ATTEST A HANGAR LEASE BETWEEN THE AIRPORT COMMISSIOn OF THE CITY OF IOWA CITY, IOWA, AND JET AIR, INC. A16-24 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 8/18/16 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. A16-25 RESOLUTION AMENDING THE FIXED BASED 8/18/16 OPERATORS AGREEMENT Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. a i‘ "�l RESOLUTION ACCEPTING THE WORK FOR THE FUEL SYSTEM REHAB AND TANK COATING PROJECT WHEREAS, the Commission's consultant for the Fuel Tank Rehabilitation Project, Aecom, Inc., has recommended that the work associated has been completed by Pospisil Painting, Inc., and be accepted as complete. WHEREAS, the final contract price is $58,212.09. Which is established from the original contract cost of $52,881.00.00 and $5,331.09 change order #1 to adjust final constructed quantities. 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 24 day of 710.,,/LCti l , 2016. CHAIRPERSON Pjoved by ATTEST: S: RET Y City Attorney's Office It was moved by ./er and seconded bythe Resolution be adopted, and upon !VI call there were: Ayes Nays Absent c. / Assouline Bockenstedt Gardinier / Odgaard Ogren Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. /49 —G702.-- RESOLUTION G2o2.RESOLUTION SETTING A PUBLIC HEARING ON FEBRUARY 18, 2016 FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE CONSTRUCTION OF "2016 TERMINAL APRON EXPANSION" PROJECT, AND DIRECTING CITY CLERK TO PUBLISH NOTICES 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 18t day of February,2016 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 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 2,( day of ,,C,"4.Cf 3.2016. 41111111111."-- Approved By: CHAIRPERSON / ATTEST: 'O . r- 4' �SE e ' ARY City Attorney's Office Assouline Bockenstedt Gardiner Odgaard Ogren (`QC, a4 Cfr- y1iD ' Se c( e9 y t Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. ,4/1-17 .3 RESOLUTION AWARDING CONTRACT AND AUTHORIZING AIRPORT SPECIALIST TO SIGN CONTRACT FOR HANGAR F BOILER REPLACEMENT AND ASSOCIATED WORK. WHEREAS, the Iowa City Airport Commission has received three quotes for the above named services; and WHEREAS, the recommendation from Iowa City Facilities Manager Scott Justason is to replace both boilers and insulate the piping; and WHEREAS, All Temp Refrigeration of Cedar Rapids, IA is the lowest responsive, responsible quote. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT: 1. The contract for the above-named project is hereby awarded to All Temp Refrigeration of Cedar Rapids, Iowa. 2. The Airport Operations Specialist is authorized to sign the contract for the above- described project, and proceed with the work. 3. The Airport Operations Specialist is authorized to execute reasonable change orders as they may become necessary in the performance� of the above-named project. Passed and approved this 2 day of �t--e4�t-N( , 2016. i.r;e_.. CHAIRPERSO #A__ Ap roved by ATTEST: I...... l SEC ETA City Attorney's Office oiccc e-, It was moved by and seconded by 0s/co--% the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline / Bockenstedt 1 Gardinier Odgaard Ogren 0 Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. AM-.all RESOLUTION GIVING NOTICE OF INTENT TO RENEW A GROUND LEASE WITH THE UNITED STATES FOR GROUND ADJACENT TO THE U.S. ARMY RESERVE CENTER AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR FEBRUARY 18,2016. WHEREAS, the Commission owns ground adjacent to the U.S. Army Reserve Center which has been leased previously to the U.S.Government;and WHEREAS,the current lease is expiring,and the U.S.Government has requested a renewal;and WHEREAS, the Airport Operations Specialist has negotiated a lease renewal with the U.S. Government for a term of five(5)years;and WHEREAS,a lease of this period of time requires the holding of a public hearing. BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. The Airport Commission of the City of Iowa City does hereby declare its intent to enter into the above-referenced lease agreement. 2. A public hearing on said proposed lease agreement should be and is hereby set for February 18,2016 at 6:00 p.m. in the 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. 3. 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. 4. 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 2 day of LG/ ^', 2016. Approved By: CHAIRPERSON ATTEST: o� RETARY City Attorney's Office It was moved by � and seconded conded by Sfi the ResoIution be adopted, and upon roll call there were: Ayes Nays Absent i Assouline Bockenstedt r/ Gardinier Odgaard ✓ Ogren DACA45-5-16-00006 .OUR U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE LEASE NO. DACA45-5-16-00006 THIS LEASE,made and entered into this date, by and between the Iowa City Airport Commission whose address is 1801 South Riverside Drive,Iowa City,Iowa 5224 which administers land owned by the City of Iowa City,hereinafter called the Lessor, and the UNITED STATES OF AMERICA,hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: Exclusive use of approximately 24,000 square feet of land, described as a level fenced in storage area located: immediately to the West of the adjacent U.S. Army Reserve Center whose address is 1913 South Riverside Drive, Iowa City, Iowa 5224 `as more particularly shown on Exhibit "A", attached hereto and made a part hereof, to be used for Government purposes. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on 01 March 2016 through 28 February 2017, subject to termination and renewal rights as may be hereinafter set forth. Nothing in this lease shall constitute, or be deemed to constitute, an obligation of future appropriations by the United States or considered as implying that the Congress will appropriate additional funds. 3.The Government shall pay the Lessor annual rent of Four Thousand Four Hundred Twenty-Five Dollars ($4,425.00) at the rate of Three Hundred Sixty Eight Dollars and 75/100 ($368.75)per month in arrears. Rent for a lesser period shall be prorated. All payments by the Government under the terms of this lease shall be made payable to: Iowa City Airport Commission, 1801 South Riverside Drive, Iowa City, Iowa 5224A via electronic funds transfer (EFT) (as referenced in the General Clauses and Conditions.) Payments shall be made by the Army Reserves 88th RSC, via DFAS Indianapolis Center 8899 E. 56th Street Attn: Dept. 3800 Indianapolis, IN 46249-3800 4. The Government may terminate this lease at any time by giving at least 30 days'notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. This lease shall be automatically renewed from year-to-year without further notice unless and until the Government shall give notice of termination in accordance with clause 4; provided that adequate appropriations are available from year-to-year for the payment of rentals; and provided further, that this lease shall in no event extend beyond 28 February 2021. STANDARD FORM 2(REV.6/2003) 1 DACA45-5-16-00006 6. The following are attached and made a part hereof: a. The General Clauses, Conditions and Instructions (1-37) b. Representations and Certifications (1-2) c. Exhibit" A ", Site Plan 7. The following changes were made in this lease prior to its execution: NOTICES: Any notice under the terms of this Lease is to be given in writing and delivered by "Certified Mail, Return Receipt Requested" or registered mail, Express Mail or comparable service, or delivered by hand and delivery, whether accepted or refused, attempted delivery, or marked undeliverable, shall be deemed notice under the terms of this Lease. Any notice given by the Lessor to the Government shall be addressed to: Omaha District Commander, U.S. Army Engineer District, ATTN: CENWO-RE-M, 1616 Capitol Avenue, Suite 9000, Omaha, Nebraska 68102-4901; with reference to the Lease number: DACA45-5-16-00006. Any notice given by the Government to the Lessor or his agent shall be addressed to: Michael Tharp; Iowa City Airport Commission, Iowa City, Iowa 522481'Email: Michael-Tharp@iowa-city.org and Phone Number: (319)356-5045 Exe 5 For maintenance purposes notice shall be addressed to: [Michael Tharp, (319)356-5045 Ext. 5, Michael-Tharp@iowa-city.org] IN WITNESS WHEREOF, the parties hereto have hereunto subscribed.their names as of the date first above written. LESSOR: LESSOR: MINNETTA GARDINIER JACOB ODGAARD (Signature) (Signature) GOVERNMENT: DAVE V. CHIPMAN Chief, Real Estate Division Real Estate Contracting Officer Fund Citation: 021 208010D16 131 R79QDPW 2320 M.0003043.18.328 021001 STANDARD FORM 2(REV.6/2003) 2 • DACA45-5-16-00006 General Clauses and Conditions: (8) strikes, (9) freight embargoes, 1.DEFINITIONS (SEP 1999) (VARIATION) — (10) unusually severe weather, or 552.270-4: (11) delays of subcontractors or suppliers at The following terms and phrases(except as otherwise any tier arising from unforeseeable causes beyond expressly provided or unless the context otherwise the control and without the fault or negligence of requires) for all purposes of this lease shall have the both the Lessor and any such subcontractor or respective meanings hereinafter specified: supplier. (a) "Casualty' means, but is not limited to, acts of (j) °Lessee" means"Government" nature, such as fire, lightning, earthquakes, floods, or (k) "Lessor" means °Owner° or the sub-Lessor if severe weather and acts of war or terrorism. this lease is a sublease. (b) "Commencement Date" means the first day (I) "Lessor shall provide" means the Lessor shall of the term. furnish and install at Lessor's Expense. (c) °Common area° means "that part of the (m) "Notice°. Unless otherwise stated or in case premises provided, designated, and maintained by of an emergency or threat to health, safety, and the Lessor for the common use of all tenants; security, "Notice" means written notice sent by including but not limited to, private streets and certified or registered mail, Express Mail or driveways, curbs, parking areas, service alleys, comparable service, or delivered by hand. Notice loading areas, retaining walls, sidewalks, shall be effective commencing on the day after the landscaping, lighting, hallways, restrooms, stairwells, date the notice is mailed. and elevators.° (n) "Premises" means the space described on (d) "Contract" and "Contractor" means "Lease" the U.S. Government Lease for Real Property lease and "Lessor,"respectively. form. (e) °Contracting Officer°° or "Government" (o) "Substantially complete" and "substantial means a person with the authority to enter into, completion" means that the work, the common and administer, and/or terminate contracts and make other areas of the building, and all other things related determinations and findings. The term necessary for the Government's access to the includes certain authorized representatives of the premises and occupancy, possession, use and Government acting within the limits of their authority enjoyment thereof, as provided in this lease, have as delegated by the Government. been completed or obtained, excepting only (f) "Delivery Date" means the date specified in such minor matters as do not interfere with or or determined pursuant to the provisions of this materially diminish such access, occupancy, lease for delivery of the premises to the possession, use or enjoyment. Government, improved in accordance with the (p) "Usable square feet" means the usable office provisions of this lease and substantially complete, area or the area where a tenant normally houses as such date may be modified in accordance with personnel and/or furniture, for which a measurement the provisions of this lease. is to be computed." (g) "Delivery Time" means the number of days (q) 'Work" means all alterations, improvements, provided by this lease for delivery of the premises to modifications, and other things required for the the Government, as such number may be modified preparation or continued occupancy of the premises in accordance with the provisions of this lease. by the Government as specified in this lease. (h) "Effective Date" means the date on which the lease is signed by the Government. 2. ALTERATIONS: The Government shall have the (i) "Excusable Delays" mean delays arising right during the existence of this lease to make without the fault or negligence of Lessor and alterations, attach fixtures, and erect additions, Lessor's subcontractors and suppliers at any tier, structures or signs in or upon the premises hereby and shall include,without limitation: leased. Upon Government request, the Lessor (1) acts of God or of the public enemy, shall be required to obtain bids for the said work (2) acts of the United States of America in and to provide the bids to the Government Any either its sovereign or contractual capacity, work to be performed through the Lessor will be (3) acts of another contractor in the implemented by supplemental agreement. The performance of a contract with the Government, Government's portion of the expense will be paid on (4) fires, a reimbursable basis. Such fixtures, additions, or (5) floods, structures shall be and remain the property of the (6) epidemics, Government, and may be removed prior to the (7) quarantine restrictions, 3 DACA45-5-16-00006 expiration or termination of this lease or abandoned deficiencies. The provisions of this clause are without in place. prejudice to any rights the Lessor may have to make a claim under applicable laws for any other damages 3. RESTORATION: than provided herein. a. The Lessor may, upon no less than ten (10) days written notice to the Government before 5. WARRANTY: The Lessor certifies the termination or expiration of the lease, require mechanical equipment, building systems, and the restoration of the leased premises, subject to the utilities to be in good serviceable and operating exceptions to restoration stated below in paragraph b. condition and meet all building code requirements. In this event, prior to the expiration or termination of this lease, or a reasonable time thereafter, the 6. HAZARDOUS TOXIC WASTES: Government shall, at its sole election, either, a.The Lessor represents and certifies as part of (1) Restore the premises to the same the terms of this Lease that the site, building, and condition as that existing at the time of entering into building space which are being leased to the the lease, or, Government, to the best of his or her knowledge, are (2) Make appropriate settlement to the not properties or structures with known or potential Lessor representing either the diminution in the fair environmental contamination including asbestos, market value of the property due to the failure to radon, or hazardous or toxic restore, or the actual cost of restoration, whichever is materials/substances/wastes and such substances the lesser amount. have not been used on the said premises. This b. The Government shall not restore the certification is a material representation of fact upon premises, either physically or by payment in lieu which the Government relies when entering into the thereof, for damages as a result of reasonable lease. If it is later determined that environmental ordinary wear and tear, the elements or contamination is present, the Government reserves circumstances over which the Government has no the right to require the Lessor, at no cost to the control, or alterations, or damages thereto, which the Government, to (1) remove such properties or Government installed at its expense or the Lessor structures or contaminated materials, substances, or installed and was reimbursed by the Government wastes contained therein and restore the premises through payment thereof. to the satisfaction of the Government, or (2) to take c. CONDITION REPORTS: A joint physical the necessary action to mitigate the hazardous or survey and inspection of the demised premises shall toxic waste condition or other environmental be made as of the delivery date contained in this contamination, in accordance with local, state, and lease, reflecting the then present condition, and will Federal laws, or (3) in the alternative, the be documented on behalf of the parties hereto. Upon Government, at its option, may terminate the lease expiration or termination of this lease, a final effective upon notification without any penalty inspection shall be conducted by representatives of whatsoever. In addition to the rights under (1), (2), both the Lessor and the Government. If restoration of and (3) above, if it is determined that the Lessor has damages is required, they shall be in written form made a willful misrepresentation, the Lessor shall signed on behalf of both parties and this lease also be responsible for all costs and expenses of amended by supplemental agreement. relocating to another location in the event the Government in its discretion determines it necessary 4. DAMAGES: The Lessee shall be liable only for to relocate to other premises. damages resulting from negligence or misconduct of b. The Lessor shall immediately notify the Lessee personnel. The Lessee shall not be liable for Government of any hazardous or toxic conditions or any loss, destruction or damages to the premises other environmental contamination in any part of the beyond the control and without the fault or negligence leased premises upon obtaining knowledge of the of the Lessee, including but not restricted to, acts of same. nature, such as fire, lightning, earthquakes, floods, or severe weather and acts of war or terrorism. The parties agree that settlement of damages by the Lessee, if any, shall be done at termination of the lease. The Government's liability under this clause may not exceed appropriations available for such payment and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet 4 • DACA45-5-16-00006 Performance clause of this lease, elect to reduce the rent payments. 11. DEFAULT IN DELIVERY—TIME EXTENSIONS (SEP 1999)(VARIATION)-552.270-18 7. CHANGE OF OWNERSHIP: a. With respect to Lessor's obligation to deliver a. If,during the term of this lease, including any the premises substantially complete by the delivery renewals or extensions, title to this property is date, time is of the essence. If the Lessor fails to transferred to another party either by sale, work diligently to ensure its substantial completion foreclosure, condemnation, assignment, or other by the delivery date or fails to substantially complete transaction, the Lessor (transferor) shall promptly the work by such date, the Government may by notify the Government of said transfer. The notice to the Lessor terminate this lease. Such following information shall accompany such termination is effective the day after the date notice notification: is mailed to the Lessor.The Lessor and the Lessor's (1) A copy of the deed or other appropriate sureties, if any, are jointly and severally liable for instrument transferring title or sufficient interest to any damages to the Government resulting from such lease to the property from the transferor to the new termination, as provided in this clause. owner. b. The Government shall not terminate this (2) The new owner's tax identification or lease under this clause nor charge the Lessor with social security number. damages under this clause, if (1) the delay in b. The foregoing information must be received substantially completing the work arises from not later than twenty (20) days after the effective excusable delays and (2) the Lessor within 10 days date of transfer of title. In any instance, failure to from the beginning of any such delay (unless submit the documentation required for a transfer of extended in writing by the Government) provides title will result in a suspension of rental payments notice to the Government of the causes of delay. until such time as all documentation is received by The Government shall ascertain the facts and the the Government. extent of delay. If the facts warrant, the Government shall extend the delivery date, to the extent of such c. When the title to premises leased to the delay at no additional costs to the Government. A Government is transferred, a supplemental time extension is the sole remedy of the Lessor. agreement shall be entered into by the old (Transferor) and new (Transferee) owners and the 12. ACCEPTANCE OF SPACE (SEP 1999) - Government to reflect such change of ownership. 552.270-29 a. When the Lessor has completed all 8. CHANGES (SEP 1999) (VARIATION) - 552.270- alterations, improvements, and repairs necessary to 14 meet the requirements of the lease, the Lessor shall The Government may at any time, by written notify the Government. The Government's supplemental agreement, make changes or designated representative may promptly inspect the variations to the original lease agreement. space. b. The Government will accept the space and 9. INVOICE REQUIREMENTS (SEP 19991 the lease term will begin after determining that the (VARIATION)-552.232-70 space is substantially complete and contains the (This clause applies to payments other than rent.) required square footage as indicated in the site plan Invoices shall be submitted in an original only, attached as Exhibit "A", or floor plan attached as unless otherwise specified, to the designated billing Exhibit"B". office specified in this lease or order, including the lease number and address of the leased premises. 10. DELIVERY AND CONDITION (SEP 1999) - 552.270-17 The space must be delivered ready for occupancy as a complete unit. The Government reserves the right to determine when the space is substantially complete. If the premises do not in every respect comply with the provisions of this lease the Government may, in accordance with the Failure in 5 DACA45-5-16-00006 13. EFFECT OF ACCEPTANCE AND the Lessee, the Lessee may immediately perform or OCCUPANCY (SEP 1999) - 552.270-21 Neither have performed such maintenance and repairs and the Government's acceptance of the premises for deduct all costs thereof from the rental or other occupancy or the Government's occupancy thereof, charges due or to become due under the terms of this shall be construed as a waiver of any requirement of lease. or right of the Government under this Lease, or as otherwise prejudicing the Government with respect 15. FIRE AND CASUALTY DAMAGE (SEP 19991 to any such requirement or right. -552.270-7 If the entire premises are destroyed by fire or other casualty, this lease will immediately 14. MAINTENANCE OF BUILDING AND terminate. In case of partial destruction or damage, PREMISES—RIGHT OF ENTRY (SEP 1999) - so as to render the premises untenantable, as 552.270-6 determined by the Government, the Government a. Except in case of damage arising out of the may terminate the lease by giving written notice to willful act or negligence of a Government employee, the Lessor within 15 calendar days of the fire or Lessor shall maintain the premises, including the other casualty; if so terminated,no rent will accrue to building, building systems,and all equipment,fixtures, the Lessor after such partial destruction or damage; and appurtenances furnished by the Lessor under this and if not so terminated, the rent will be reduced lease, in good repair and condition so that they are proportionately by supplemental agreement hereto suitable in appearance and capable of supplying such effective from the date of such partial destruction or heat, air conditioning, light, ventilation, safety damage. systems, health conditions, access and other things Nothing in this lease shall be construed as relieving to the premises, without reasonably preventable or Lessor from liability for damage to or destruction of recurring disruption, as is required for the property of the United States of America caused by Government's access to, occupancy, possession, use the willful or negligent act or omission of Lessor. and enjoyment of the premises as provided in this lease. For the purpose of so maintaining the 16. COMPLIANCE WITH APPLICABLE LAW premises, the Lessor, its agents, representatives, !SEP 1999)-552.270-8 contractors and assigns may at reasonable times a. Lessor shall comply with all Federal, state (within 24 hours notice) enter the premises with the and local laws applicable to the Lessor as owner or approval of and accompanied by the authorized Lessor, or both, of the building or premises. This Government representative in charge. lease shall be governed by Federal law. b. Emergency Maintenance and Repairs. The b. SECURITY. Exit signs, emergency lighting, Lessee will notify the Lessor of any emergency and portable fire extinguishers, and fire protection request the Lessor to perform the necessary work. systems, such as sprinkler systems and alarms, All emergency maintenance and repairs performed by which meet fire protection standards established by the Lessor will be completed within 48 hours from the applicable state statutes, fire regulations, building time of notification. Emergency maintenance and codes, or local ordinances, shall be provided and repairs include but are not limited to: maintained by the Lessor. This includes, but is not (1) failure of heating/cooling system to limited to, the recharging of fire extinguishers and maintain specific temperature replacement of long life batteries (lithium) in smoke (2) failure of water system, including hot detectors. Equipment, services or utilities furnished, water and activities of other tenants shall be free of safety, (3) inadequate or no water pressure health, and fire hazards. (4) leaking water pipes (5) blocked or leaking drains 17. FAILURE IN PERFORMANCE (SEP 1999) - (6) electrical failure 552.270-10 The Government may deduct from any (7) sewage system malfunction payments under this lease, then or thereafter due, (8) failure of security and fire protection an amount which reflects the reduced value of the systems, including alarms and contract requirement not performed. No deduction sprinklers from rent pursuant to this clause shall constitute a (9) Repair/replace exterior windows and default by the Government under this lease. These doors including plate glass if applicable. remedies are not exclusive and are in addition to In the event the Lessor shall fail to perform any other remedies which may be available under emergency maintenance and repairs within 48 hours this lease or at law. or to perform non-emergency maintenance and repairs within 5 days from the date notice is given by 6 DACA45-5-16-00006 18. DEFAULT BY LESSOR DURING THE TERM 23. ASSIGNMENT OF CLAIMS (JAN 1986) - (SEP 1999)-552.270-22 52.232-23 a. Each of the following shall constitute a The Lessor, under the Assignment of Claims Act, as default by Lessor under this lease: amended, 31 USC 3727, 41 USC 15 (hereafter (1) Failure to maintain, repair, operate or referred to as the "the Act"), may assign its rights to service the premises as and when specified in this be paid amounts due or to become due as a result lease, or failure to perform any other requirement of of the performance of this contract to a bank, trust this lease as and when required provided any such company, or other financing institution, including any failure shall remain uncured for a period of thirty(30) Federal lending agency.The Lessor shall not furnish days next following Lessor's receipt of notice thereof or disclose to any assignee under this contract any from the Government or an authorized classified document (including this contract) or representative. information related to work under this contract until (2) Repeated and unexcused failure by the Government authorizes such action in writing. Lessor to comply with one or more requirements of this lease shall constitute a default notwithstanding 24. SUBORDINATION. NONDISTURBANCE AND that one or all such failures shall have been timely ATTORNMENT(SEP 1999)-552.270-23 cured pursuant to this clause. Lessor warrants that it holds such title to or other b. If a default occurs, the Government may, by interest in the premises and other property as is notice to Lessor, terminate this lease for default and necessary to the Government's access to the if so terminated, the Government shall be entitled to premises and full use and enjoyment thereof in the damages specified in the Default in accordance with the provisions of this lease. Delivery-Time Extensions clause. 25. NO WAIVER(SEP 1999)-552.270-26 19. ELECTRONIC FUNDS TRANSFER PAYMENT No failure by either party to insist upon the strict (MAR 2000)(VARIATION)-552.232-76 performance of any provision of this lease or to a. The Government will make payments under exercise any right or remedy consequent upon a this lease by electronic funds transfer(EFT). breach thereof, and no acceptance of full or partial b. Lessor's failure to properly designate a rent or other performance by either party during the financial institution or to provide appropriate payee continuance of any such breach shall constitute a bank account information may delay payments of waiver of any such breach of such provision. amounts otherwise properly due. 26. STATEMENT OF LEASE(SEP 1999)-552.270- 20. PROMPT PAYMENT(SEP 1999)-552.232-75 24 The Government will make payments under the terms The Contracting Officer will, within thirty (30) and conditions in the Prompt Payment Act. days next following the Contracting Officer's receipt of a joint written request from Lessor and a prospective lender or purchaser of the building, 21. SUBLETTING AND ASSIGNMENT (SEP 19991 execute and deliver to Lessor a letter stating that the —552.270.5 The Government may sublet any part of same is issued subject to the conditions stated in the premises but shall not be relieved from any this clause and, if such is the case, that(1) the lease obligations under this lease by reason of any such is in full force and effect; (2) whether any notice of subletting. The Government may at any time assign default has been issued. this lease, and be relieved from all obligations to the Lessor under this lease excepting only unpaid rent 27. MUTUALITY OF OBLIGATION (SEP 1999) - and other liabilities, if any, that have accrued to the 552.270-28 The obligations and covenants of the date of said assignment. Any assignment shall be Lessor, and the Government's obligation to pay rent subject to prior written consent of the Lessor, which and other Government obligations and covenants, shall not be unreasonably withheld. arising under or related to this Lease, are interdependent. 22. SUBSTITUTION OF TENANT AGENCY (SEP 1999) - 552.270-25 The Government may, at any 28. SUCCESSORS BOUND (SEP 1999) - 552.270- time and from time to time, substitute any 11 Government agency or agencies for the Government This lease shall bind, and inure to the benefit of, the agency or agencies. parties and their respective heirs, executors, administrators, successors, and assigns. 7 DACA45-5-16-00006 29. INTEGRATED AGREEMENT (SEP 1999) - 33. OFFICIALS NOT TO BENEFIT. 552.270-27 This Lease, upon execution, contains No Member of or Delegate to Congress, or Resident the entire agreement of the parties and no prior Commissioner shall be admitted to any share or part written or oral agreement, express or implied, shall of this lease contract, or to any benefit that may be admissible to contradict the provisions of the arise therefrom; but this provision shall not be Lease. construed to extend to this lease contract if made with a corporation for its general benefit. 30. DISPUTES(JUL 2002)-52.233-1 This contract is subject to the Contract Disputes Act 34. COVENANT AGAINST CONTINGENT FEES of 1978, as amended (41 U.S.C. 601-613). (FEB 1990) - 552.203-5 a. The Contractor warrants that no person or 31. EXAMINATION OF RECORDS: The Lessor agency has been employed or retained to solicit or agrees that any duly authorized Government obtain this contract upon an agreement or representative shall have the right, until the understanding for a contingent fee, except a bona expiration of three (3) years after final payment of fide employee or agency. For breach or violation of the agreed rental, to have access to and to examine this warranty, the Government shall have the right to any directly pertinent books, documents, papers, annul this contract without liability or, in its and records of the Lessor involving transactions discretion, to deduct from the contract price or related to this lease. consideration, or otherwise recover the full amount of the contingent fee. 32. GRATUITIES TO GOVERNMENT b. "Bona fide agency," as used in this clause, EMPLOYEES: means an established commercial or selling agency a. The Government may, by written notice to (including licensed real estate agents or brokers), the Lessor, terminate the right of the Lessor to maintained by a Contractor for the purpose of proceed under this lease if it is found, after notice securing business, that neither exerts nor proposes and hearing, by the Secretary of the Army or his duly to exert improper influence to solicit or obtain authorized representative, that gratuities (in the form Government contracts nor holds itself out as being of entertainment, gifts, or otherwise) were offered or able to obtain any Government contract or contracts given by the Lessor, or any agency or representative through improper influence. of the Lessor, to any officer or employee of the c. °Bona fide employee," as used in this clause, Government with a view toward securing a lease or means a person, employed by a Contractor and securing favorable treatment with respect to the subject to the Contractor's supervision and control awarding or amending, or the making of any as to time, place, and manner of performance, who determinations with respect to the performing, of neither exerts nor proposes to exert improper such lease, provided, that the existence of facts influence to solicit or obtain Government contracts upon which the Secretary of the Army or his duly nor holds out as being able to obtain any authorized representative makes such findings shall Government contract or contracts through improper be in issue and may be reviewed in any competent influence. court. d. "Contingent fee," as used in this clause, b. In the event this lease is terminated as means any commission, percentage, brokerage, or provided in paragraph a. hereof the Government other fee that is contingent upon the success that a shall be entitled (1) to pursue the same remedies person or concern has in securing a Government against the Lessor as it could pursue in the event of contract. a breach of the lease by the Lessor and (2) as a e. "Improper influence," as used in this clause, penalty, in addition to any other damages to which it means any influence that induces or tends to induce may be entitled by law, to exemplary damages in an a Government employee or officer to give amount(as determined by the Secretary of the Army consideration or to act regarding a Government or his duly authorized representative)which shall be contract on any basis other than the merits of the not less than three (3) nor more than ten (10) times matter. the cost incurred by the Lessor in providing any such gratuities to any such officer or employee. 35. PROHIBITION OF SEGREGATED FACILITIES c. The rights and remedies of the Government (FEB 1999) - 52.222-21 provided in this clause shall not be exclusive and are a. °Segregated facilities; as used in this in addition to any other rights and remedies provided clause, means any waiting rooms, work areas, rest by law or under this lease. rooms and wash rooms, restaurants and other 8 DACA45-5-16-00006 eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom.The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. b. The Lessor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Lessor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. c. The Lessor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. 36. EQUAL OPPORTUNITY(APR 2002) - 52.222- 37 Definition. "United States," as used in this clause, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, familial status or national origin, disabled veterans, veterans of the Vietnam era,and other eligible veterans. The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of $25,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Deputy Assistant Secretary of Labor to enforce the terms, including action for noncompliance. 37. AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) - 52.222-36 Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against any employee or applicant because of physical or mental disability. 9 DACA45-5-16-00006 Representations and Certifications, the legal entity's REPRESENTATIONS AND CERTIFICATIONS name and address, followed by the DUNS or DUNS +4 number that identifies the offeror's name and 1. OWNERSHIP address exactly as stated in the offer. The DUNS The Lessor certifies that he Is the rightful and legal number will be used by the Government to verify owner of the property and has the legal right to enter that the offeror is registered in the SAM database. into this lease. If the title of the Lessor shall fail, or it c. If the offeror does not have a DUNS number, be discovered that the Lessor did not have authority it should contact Dun and Bradstreet directly to to lease the property, the Government may obtain one. terminate. (1) An offeror may obtain a DUNS The Lessor, the Lessor's heirs, executors, number— administrators, -successors, or assigns agree to (i) if located within the United States, by indemnify the Lessee by reason of such failure and calling Dun and Bradstreet at 1-866-705-5711 or via to refund all rentals paid. the Internet at http://www.dnb.com; or (ii) If located outside the United States, SYSTEM for AWARD MANAGEMENT by contacting the local Dun and Bradstreet office. REGISTRATION (VARIATION)–52.204-7 (2) The offeror should be prepared to a. Definitions. As used in this clause System for provide the following information: Award Management registration(SAM)database" (i) Company legal business. means the primary Government repository for (ii) Tradestyle, doing business, or other Contractor information required for the conduct of name by which your entity is commonly recognized. business with the Government. (iii) Company Physical Street Address, "Data Universal Numbering System (DUNS) City, State, and ZIP Code. number" means the 9-digit number assigned by Dun (iv) Company, Mailing Address, City, and Bradstreet, Inc. (D&B) to identify unique State and ZIP Code(if separate from physical). business entities. (v) Company Telephone Number. "Data Universal Numbering System +4 (vi) Date the company was started. (DUNS+4) number" means the DUNS number (vii) Number of employees at your assigned by D&B plus a 4-character suffix that may location. be assigned by a business concern. (D&B has no (viii) Chief executive officer/key affiliation with this 4-character suffix.) This 4- manager. character suffix may be assigned at the discretion of (ix) Line of business(industry). the business concern to establish additional SAM (x) Company Headquarters name and records for identifying alternative Electronic Funds address(reporting relationship within your entity). Transfer (EFT) accounts for the same parent d. If the Offeror does not become registered in concern. the SAM database in the time prescribed by the "Offeror" means the owner of the property Government, the Government will proceed to award offered, not an individual or agent representing the to the next otherwise successful registered Offeror. owner. e. Processing time, which normally takes 48 "Registered in the SAM database" means hours, should be taken into consideration when that— registering. Offerors who are not registered should (1) The Contractor has entered all consider applying for registration immediately upon mandatory information, including the DUNS number receipt of this solicitation. or the DUNS+4 number, into the SAM database; and f. The Contractor is responsible for the accuracy (2) The Government has validated all and completeness of the data within the SAM mandatory data fields and has marked the record database, "Active." and for any liability resulting from the Government's b. (1) By submission of an offer, the offeror reliance on inaccurate or incomplete data. To acknowledges the requirement that a prospective remain registered in the SAM database after the awardee must be registered with D&B and in the initial registration, the Contractor is required to SAM database prior to award, during performance, review and update on an annual basis from the date and through final payment of any contract resulting of initial registration or subsequent updates its from this solicitation. information in the SAM database to ensure it is (2) The offeror shall enter in the current, accurate and complete. Updating appropriate block, on the GSA Form 3518, entitled information in the SAM does not 10 • • DACA45-5-16-00006 alter the terms and conditions of this contract and Is not a substitute for a properly executed contractual document. g. (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, the Contractor shall comply with the requirements of Subpart 42.12 of the Federal Acquisition Regulations (FAR) and provide the responsible Government a fully revised and initialed/signed GSA Form 3518, entitled Representations and Certifications, along with written notification of its intention to (A)change the name in the SAM database; and (B) provide the Government with sufficient documentation to verify and confirm the legally changed name or change in ownership. (ii) If the Contractor fails to comply with the requirements of paragraph(g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change- of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Lessor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees shall be separately registered in the SAM database. Information provided to the Lessor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Lessor will be considered to be incorrect information. h. Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.sam.gov. You may also contact the SAM Help Desk as www.fsd.cov or by calling 1-866-606-8220. 11 1111L4 MIR i ... 1pia. w R USARC Iowa City - Johnson County, IA • I It _ - Riverside Df' 1 �J��1+�f� 1 V E r oCM • T 79 N, R 6 W, Section 22 i. • 5th Principal Meridian •r _,..„... , ,. ..... 5 NOR P"' --; --Roads A ��� I O Lease Area DACA45-5-11-00049 i W 1913 S Rverside 0r,Iowa City,14522 48 40 80 160 c " .W *Me"' • a I i I I i 1 f I i t 0' Feet �.. t 4' 0 Square Feet In �. r'T .•..na.tn.GI s fl fun..,n�Ma•11 M•vuaan ,'and J.. • 1L i.a••a.M aaawu!a--vv.!cmc.n.y1M1, t w.. aiNa .••..auM. t • 40,• sigh*,a......bmow aaaWs.f P*C sonManbN N a Sas Vlwee �, . , a�,i Y The LAOIS Siam ve,as aWr ro re+M N.e.Nr a a,aaUe er•.a.ar ala. .1•111 meek rasa.Ca.Sum's!a,M.a as eaaa.wrem e••.,Iran G6 Ai 'M► '.I.,. w .MS v /l NCf as seen PA.a 1.enr eao ws and n ene vd dad t9! K ill Real Estate W CENT tYRE', las..OGrnon A;- r( r r r. Fat nary IG.2011 'c` 4 n US Army Corps of Engineers y l - Omaha DISL'IG a C IWGM1Sp......ow._Cxy_MpOT r ,ow._C.y.wpori L..s._DACA.S3M .11-0 .9 mod r III r mi EXHIBIT"A"ATTACHED TO AND • MADE A PART OF 16 DACA45-5.16-00006 Publish 2/9 NOTICE OF PUBLIC HEARING Notice is hereby given that the Iowa City Airport Commission will hold a public hearing on the 18th day of February, 2016, at 6:00 p.m. in the 2ntl Floor Conference Room of the Airport Terminal Building, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the Iowa City Airport Commission thereafter as posted by the City Clerk; at which hearing the Commission will consider a resolution authorizing an agreement to renew a ground lease with the United States for ground adjacent to the U.S. Army Reserve Center at the Airport. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Commission consideration are encouraged to appear at the above-mentioned time and place. MARIAN K.KARR,CITY CLERK OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARING Notice is hereby given that the I Iowa City Airport Commission will hold a public hearing on the 18th //��,, day ofFebruary2016,at 6:00 p.m. Printer's Fee$ { .�V in the 2nd Floor Conference Room , of the Airport Terminal Building, CERTIFICATE OF PUBLICATION Iowa City,Iowa,or if said meeting is cancelled,at the next meeting of the Iowa CityAirportCommission STATE OF IOWA, ; thereafter as posted by the City Clerk; at welch hearing the ; Commission will consider a resolu- tion authorizing an agreement to renew a ground lease with. the THE IOWA CITY PRESS-CITIZEN 1 United.States for ground adjacent to the U.S.Army Reserve.Center at the Airport. FED,IDN42-0330670 Copies of the proposed resolu- tion are on file for public examina- 1, San)._ t' tion in the office of the City Clerk, ' City Hall,Iowa City,Iowa. Persons beingdulysworn,saythat I a wishing to make their views known for Commission consideration are the legal clerk of the IOWA CITY encouraged to appear at the above-mentioned time and place. PRESS-CITIZEN,a newspaper MARIAN K.KARR,CITY CLERK . published in said county,and February 9,2016 that a notice,a printed copy of MM which is hereto attached,1 was published in said paper time(s),on the following date(s): 1/4-1/IAA to C-AA-"A Legal Clerk Subscribed and sworn to before me his to day of Notary Public • f. _ ' fila• 4��T ) f � ' f Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. �`—675 RESOLUTION GIVING NOTICE OF INTENT TO EXECUTE A GROUND LEASE WITH TERRY EDMONDS FOR GROUND LOCATED AT THE IOWA CITY MUNICIPAL AIRPORT AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR MARCH 17,2016. WHEREAS,the Commission owns ground referred to as the Iowa City Municipal Airport;and WHEREAS,Terry Edmonds desires to construct an aircraft storage hangar;and WHEREAS, the Airport Operations Specialist has negotiated a lease with Terry Edmonds for a term of thirty(30)years;and WHEREAS,a lease of this period of time requires the holding of a public hearing. BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. The Airport Commission of the City of Iowa City does hereby declare its intent to enter into the above-referenced lease agreement. 2. A public hearing on said proposed lease agreement should be and is hereby set for March 17,2016 at 6:00 p.m. in the 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. 3. 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. 4. 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 F�ruC r,, 2016. miramsz's-- ,ALViea Appr ved By: CHAIRPERSON /r r ATTEST: -� / `P�b TARY City Attorney's Office It was moved by 1 t SS t9 v l � �— and seconded by 6 (`e^ the Resolution be adopted, and upon roll call there were: Ayes Nays Absent r./,/ Assouline 4/ Bockenstedt Gardinier Odgaard Ogren OFFICIAL PUBLICATION q 7� : NOTICE OF PUBLIC HEARING Printer's Fee S .q a , Notice is hereby given that the •Iowa City Airport Commission will ;hold a public hearing on the 17th CERTIFICATE OF PUBLICATION day of March,2016,at 6:00 p.m.in the 2nd Floor Conference Room of STATE OF IOWA, 'the Airport Terminal Building, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of JOHNSON COUNTY,SS: Ithe Iowa City Airport Commission thereafter as posted by the City THE IOWA CITY PRESS-CITIZENCleric; at which hearing the 'Commission Will consider aresolu- aion authorizing an agreement to FED.ID#42-0330670 enter into a ground leash with the Terry Edmonds for ground at the i ('rosb� ACpie Copies of the proposed resolu- being duly sworn,say the I am tion are on file for public examine - Zion in the office of the City Clerk, the legal clerk of the IOWA CITY City Hall,Iowa City,Iowa. Persons PRESS-CITIZEN,a newspaper wishing to make their views;for Commission consideration are published in said county,and 'encouraged to appear at the . that a notice,a printed copy of above-mentioned timeand place. MARIAN K.KARR,CITY CLERK which is hereto attached,was 'r. 159S FEBRUARY 29,2016 published In said paper 1 time(s),on the following date(s): Jour, r^'`..1 Legal Clerk ' Subscribed and sworn to before me this o_ as, day mf A I l{� Notary Pu lie ADAM JAMES Kr.NI E� o yak Commission i umbo,7355331 . - My Commission Expires 03!04!2017 NOTICE OF PUBLIC HEARING Notice is hereby given that the Iowa City Airport Commission will hold a public hearing on the 17th day of March, 2016, at 6:00 p.m. in the 2nd Floor Conference Room of the Airport Terminal Building, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the Iowa City Airport Commission thereafter as posted by the City Clerk; at which hearing the Commission will consider a resolution authorizing an agreement to enter into a ground lease with the Terry Edmonds for ground at the Airport. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Commission consideration are encouraged to appear at the above-mentioned time and place. MARIAN K.KARR,CITY CLERK - ire Iowa City Municipal Airport Ground/Hangar Lease This Ground/Hangar Lease("Lease") is made as of day of 2016, by and between the Iowa City Airport Commission, having a principal business at 1801 S. Riverside Drive, Iowa City, IA 52240 ("Landlord")and Terry Edmonds("Tenant") RECITALS A. The City of Iowa City is the owner of fee title to promises 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 Terry Edmonds. 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"Lease Premises") for the purposes of construction of 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 acknowledge 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 Lease 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 p iform..,._, any improvements, alterations,additions, repairs or replacements thereto except those specifically defined in this lease. ==;c"-.. " " • ARTICLE III TERM 3.01 Initial Term. The term of this lease shall commence on June 1, 2016(the"Lease Commencement Date") and shall continue thereafter until May 31,2046 (the"Term") unless sooner terminated as provided herein 3.02 Options to renew. There are no options to renew included in this lease 3.03 Termination:Tenant may terminate this lease at any time within 1 calendar year of the execution date for any reason with 30 days written notice.Tenant will be responsible for payment of lease for time that has elapsed. ARTICLE IV RENT AND UTILITIES 4.01 Annual Base Rent. Commencing on June 1, 2016 and continuing on the first day of each succeeding month,Tenant shall pay to Landlord,at the address specified in section 7.05,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, 2016-May 31, 2021. $604.80 per year, payable monthly with payments due on the first day of the month. Beginning June 1,2021 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 the purposes of this provision,the following definitions shall apply: 1.The term "Consumer Price Index"or"CPI"shall mean the US. Bureau of Labor Statistics Consumer Price Index for all Urban Consumers-U.S.City Average,seasonally adjusted. (1982- 1984= 100). 2.The term "Current CPI" shall mean the annual average of Consumer Price Indices for the calendar year immediately proceeding 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 June 1st of each year beginning-lune 1,021 (5 year point) ? T b.Adjustment. Effective on the Change Date,the Monthly Base Rent hereunder shalt eScalate--. based on the following formula and illustrated by the following example: • Z) 1. Formula. [(Current CPI—Base CPI)X Rent'+ Rent= Escalated Rent [Base CPI] 2. Example:Assume 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 J(228.537-225.114)x 16321+ 1632=$1656.81 [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 Bas 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 1982-1984=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 prepay 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. 4.04 Taxes. Commencing with the Lease Commencement Date and continuing throughouX.,he term, tenant shall pay all property taxes 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. 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 a/I 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: 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 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 regulationsr promulgated thereunder; ` r ry t-� Any oil, petroleum products,and their byproducts;and '� Any substance which is regulated by any federal,state, or local governmental authority or that is the subject of any law, rule or regulation. With the exception of Paragraph 5.05b above, 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 Spaces �^ • 1 case of engine oil J • 2 1/2 gallons gasoline for motorized tugs(but no aviation fuetal gasoline in drums) • 1 gallon of cleaning solvents 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 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. f. 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. j. Utilities.All electric,telephone, and other utility lines on or servicing the lot must be underground. ARTICLE VI A w• CT IMPROVEMENTS;SURRENDER;PERSONAL PROPERTY :_a 4 `7 ALTERNATIONS; LEINS; MAINTENANCE;COMPLIANCE =; '0 rn ca _‹ —, 6.01 Improvements and Personal Property. � r�� ry a.Title to Tenant's 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 al\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.A" 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: i. 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 iii. 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 eviction or disturbance of Tenant's use or possession of the Leased Premises, nor render LandWd liable in any manner to Tenant. ^� ; c. Performance Bonds. Unless exempt or unless this requirement is waived by Landlor Tena it; at its own cost and expense, shall cause to be executed,and delivered to Landlord two separate,bonds,;1 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.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 material men 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 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 apnnsuch 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 stfailure 1 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 Sectii 13.02 herein ry 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 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, sailor 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 r--a requirements of 49 C.F.R. Part 21, Non-Discrimination in Federally Assisted Programs of the De Aliment tment of Transportation. "n � --� ARTICLE VII --.: — c-, � tzt � INSURANCE, DAMAGE DESTRUCTIONP1 G. N 7.01 Insurance.Tenant covenants and agrees that it will at its own expense procure and maintai 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 coverage. All insurance companies involved should have an A.M. Best rating of A-or higheL 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 ppfcy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of lowapty, Iowa «m. and the Iowa City Airport Commission under this policy for reasons of governmental unity nless``fl and until a court of competent jurisdiction has ruled in favor of the defense(s)of govecri ental' 6r... immunity asserted by the City of Iowa City, Iowa and the Iowa City Airport Commission. ° —17 51 N 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 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 insjnce loss, strikes,governmental approval, labor difficulties or any cause beyond eittier.party.s� reasonable control. ii. If the Lease is terminated in accordance with this Section 13.02(a),Hien 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 Lon 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 chafes shall be paid through the effective date of such termination. c•-•) —71 ARTICLE VIII '- '` — 111" ASSIGNMENT AND SUBLETTING FA -° 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 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 anyone 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 eVi9nt 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 which can reasonably be cured within the period of time allotted for cure, (8)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 (8)above shall contain an assumption:by the Leasehold Mortgagee of all of Tenants restrictions and obligations hereunder. -- t`n 1\3 ..�° 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 required to give to or serve upon a Leasehold Mortgagee shall be in writing and shall be served by registered or certified mail or by commercial courier service addressed to such holder at the address as shall be designated from time to time by such Leasehold Mortgagee and shall mailatopy of said notice by ordinary mail.Any notice or other communication which any Leasehold Mortg4e shall desire or is required to give to or serve upon Landlord shall be deemed to have been given orsgrved if' sent by registered or certified mail or by commercial courier service addressed to Landlord attandlo[d address as set forth in the provisions of the Lease providing for notices to Landlord or_ such other address as shall be designated from time to time by Landlord by notice in writing given to such: ,.,�„ 1.,0" Leasehold 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. ars ARTICLE XI - l '"fl CJ DEFAULT r-' 11.01 Events of Default.The following shall constitute"Events of Default": . N a 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: a. Termination. Landlord may elect to terminate the Lease by giving no less thari irtj30)days' prior written notice thereof to Tenant,and upon the passage of time specified in such-notice,-this Lease- and all rights of Tenant hereunder shall terminate as fully and completely and with the`satne effect as,if, such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section 13.02(c). b. Eviction. Landlord 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 Section 11.02(a), by operation of law or otherwise, and no repossession of the Leased Premises or any part thereof pursuant to Section 13.02(b)or otherwise 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 Leased Premises or any part thereof by reason of the occurrence of an Event of Default: i Rent and Charges.Tenant shall pay to Landlord the Rent and other sums and charges required to be paid by Tenant for the period to and including the end of the Term or expiration of an option period as provided for by Section 3.02 herein,whichever is later. e. Rights Cumulative, Non-Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy,and each and every right and remedy shall be cumUlative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled,to the extent permitted by applicable law,to injunctive relief in case of the violation,or attempted or threatened violation,of any of the covenants,agreements,conditions or provisions of this Lease,or to a decree compelling performance of this Lease,or to any other remedy allowed to Landlord at law or in equity. f. Landlord's Right to Cure. If Tenant fails to pay any utilities charges described in Article IV, insurance premiums described in Article VIII,the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges,costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation,to make all such payments,and in addition to its other remedies under this Article XI, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments(which shall be deemed additional rent hereunder)on demand with interest after demand at 10% rate per annum. (the"Default Rate"). g. Late Charge, Default Rate. If Landlord does not receive payment of any installment of Rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10)days after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord may impose a late charge equal to five percent(5%)of the amount of such delinquent sum and if such sum is not received by Landlord within thirty(30)days of its due date,such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. h. Landlord's Lien. Landlord shall have a lien against Tenant's leasehold estate,Tenant's Improvements and all property of Tenant located at the Leased Premises,to secure any obligations of Tenant to Landlord arising pursuant to the provisions of this Lease. 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 anyone 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 XIIrri "" CO ABANDONMENT 1.13 12.01 Abandonment.Tenant shall not vacate or abandon the Leased Premises at any time durirte 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. ARTICLE XIV TENANT'S INDEMNIFICATION 14.01 Generally.To the extent not expressly prohibited by law,Tenant agrees to indemnify,save, protect and hold forever harmless, Landlord,and all of Landlord's Indemnitees as defined in Section 13.03 hereinabove,from and against all losses,damages,costs,claims and liabilities, including,without limitation, court costs and reasonable attorney's fees and expenses, which Landlord's Indemnitees,or any of them, may become liable or obligated by reason of, resulting from or in connection with: (a)any injury to or death of persons and damage to,or theft, misappropriation or loss of property occurring in or about the Leased Premises or the Property arising from Tenant's use and occupancy of the Leased Premises and/or the conduct of its business;(b) any activity,work or thing done, permitted or suffered by Tenant in or about the Leased Premises, including all liabilities of every kind or description which may arise out of or in connection therewith; and(c)any breach or default on the part of Tenant in the payment or performance of any covenant,agreement or obligation on the part of Tenant to be paid or performed pursuant to the terms of this Lease or any other act or omission of Tenant, its agents or employees. In case of any action or proceeding brought against Landlord's Indemnitees, or any of them, by reason of any such claims,Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord and/or any particular Landlord's Indemnitee. ARTICLE XV MISCELLANEOUS PROVISIONS rn czi 15.01 Access by Landlord. t-x^ (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty-four(24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required)to enter upon the Leased Premises and Tenant's Improvements for the purposes of inspecting the same,determining whether this Lease is being complied with,curing(as permitted herein)any default by Tenant and showing the Leased Premises to prospective Leasehold Mortgagees. (b) Landlord or Landlord's agents, representatives,or employees shall have the right whenever necessary and without notice to enter upon the Leased Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Leased Premises. 15.02 Gender and Number.Words of any gender used in the Lease shall be held to include any other gender, and words in the singular shall be held to include the plural, where required. 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 Terry Edmonds Airport Manager 1801 S. 410 E.Washington St. 4125 180th St. NE Riverside Dr. Iowa City, IA 52240 Solon, IA 52333 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 prepaic4:-.:r ,, 15.04 Applicable Law.The laws of the State of Iowa shall govern the validity, —�4 a 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. 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 Apron Construction. Landlord agrees to reimburse 100%of cost to install apron between exisiting hangar k and new hangar. Landlord agrees to reimburse 50%of cost to install apron in front of new hanger. 15.14 Utility Access. Landlord agrees to install new electric and gas services in the area for future growth.Tenant will be responsible for connection to,and running utilities from these locations to the proposed hangar. 15.15 FAA Airspace Study.Tenant shall request an Obstruction Evaluation/Airport Airspace Analysis (0E/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 N AIR NAVIGATION" as the study result. --4 a -- ARTICLE XVI -< Wit' %.17, FAA PROVISIONS r>.) ;..c 16.01 Commission Control.The Landlord reserves the right, but shall not be obligated to the re-Rant,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 al/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 aircraft 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. c 16.06. Additional FAA Provisions. = �� c� (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 ort;lhe said property described in this Lease for a purpose for which c:) Department of Transportation projtRm 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. (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. Q Q1 , .'> N C.n 0 EXHIBIT A Leased Premises A location 30 feet south of Hangar K. An area 56 feet wide by 54 feet deep(3024 square feet)for the purposes of construction of a hangar building. T t 1 tt., Goole earth O'+ � . -n er 4�3 CJ1 Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. /1-9 -1; RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR "2016 TERMINAL APRON EXPANSION" 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. Sealed 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 30th day of March,2016. At that time,the bids will be opened and announced by the City Clerk or her designee, and thereupon referred to the Iowa City Airport Commission for action upon said bids at its next regular meeting,to be held at the Terminal Building,Iowa City Airport, 1801 S.Riverside Drive,Iowa City,Iowa,at 6:00pm on the 21'day of April 2016,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 /q- day of 144(40-t1 2016. i4000r `I � > Approved By: CHAIRPERSON A'1'1'EST: aX:, / C ARY City Attorney's Office � r It was moved by 01.9q and seconded by ��`�Dsrrf/`6 ' ✓1-e- the Resolution be adopted, and upon rol(8all there were: Ayes Nays Absent Assouline ✓ Bockenstedt 1/ Gardiner Odgaard Ogren Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. /�j-"07 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 THE UNITED STATES GOVERNMENT WHEREAS,the Airport Commission of the City of Iowa City has negotiated a lease for land as described in Exhibit A; and WHEREAS,the previous lease agreement has expired; 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 March 1,2016 through February 28,2021. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That the attached land lease between the Airport Commission and the U.S.Government is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to said land lease. It was moved by RSSe.,t L-., and seconded by r-li"' the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline .�/ Bockenstedt ✓ Gardiner ,/ Odgaard c✓ Ogren Passed and approved this l Sr day of re rcu4-r`7i 2016. i ,r.d.�_ �`_ i, Approved By: CHAMFERS° c2if5Z------ '" -/4:)../(/-/.6 ATTEST: -G EC TARY City Attorney's Office Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. x1/4Oe' 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 TERRY EDMONDS. WHEREAS,the Airport Commission of the City of Iowa City has negotiated a lease of land to Terry Edmonds for his use in constructing a new hanger; and WHEREAS,the Commission fmds 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 June 1, 2016 through May 31,2046. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That the proposed land lease,attached hereto,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 Terry Edmonds. It was moved by Ge,�.. . and seconded by C the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Bockenstedt Gardiner Odgaard Ogren Passed and approved this C7 day of HAr 2016. an" App ed By: C . I. . . .S� ATTEST`4r TARY City Attorney's Office Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. /PI' - t' RESOLUTION TO ADOPT 2016 AIRPORT EMERGENCY PLAN. WHEREAS, the Iowa City Airport Commission wishes to adopt the 2016 Airport Emergency Plan, replacing an earlier version of the Airport Emergency Plan; and WHEREAS, the 2016 Airport Emergency Plan is a confidential document under Section 21.5(1)(k) of the Iowa Code; and WHEREAS, the Airport Emergency Plan will become effective immediately following resolution. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT: 1. The 2016 Airport Emergency Plan is adopted. 2. Previous versions of the Airport Emergency Plan are hereby rescinded. Passed and approved this day of gc reel , 2016. de CHAT• "E" .!(IN '- ' AY oved by ATTES / 3 (�' (� City Attorney's Office It was moved by C 1c and seconded by OS�-tn. the Resolution be adopted, and upon roll cal there were: v Ayes Nays Absent Bockenstedt l/ Gardinier V _ Odgaard V Ogren Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. fi/e //) RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN THE ANNUAL NATIONAL MUSEUM OF THE UNITED STATES AIR FORCE STATIC DISPLAY LOAN PROGRAM AGREEMENTS. WHEREAS, the Iowa City Municipal Airport has long borrowed an aircraft from the National Museum of the U.S. Air Force as a display at the entrance to the Airport; and WHEREAS, only certified parties can borrow planes for displays from the National Museum of the U.S. Air Force; and WHEREAS, the Commission is not, and likely cannot become, a certified party, as it is not a direct subdivision of the State; and WHEREAS, the City of Iowa City is a certified party, and through Iowa City Code 13-1-5(A) has delegated authority to the Commission to operate the Airport on its behalf; and WHEREAS, authorizing the Commission Chair to sign the annual Loan Agreements on behalf of the City would allow the execution of the Agreements without the necessity of bringing them to the Commission for approval every year. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT: 1. The Chairperson (present and future) is authorized to sign Loan Agreements with the National Museum of the U.S. Air Force for display aircraft. Passed and approved this 2-1 day of 1/11),- 1 , 2016. CHAT ERS Ap roved by ATTEST: e�-G /..-g' / /17( SECRETARY City Attorney's Office It was moved by C and seconded by 64 Ott ' e/ the Resolution be adopted, and upon roWcall there were: Ayes Nays Absent Bockenstedt Gardiner Libby Odgaard Ogren Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. /e///i - /1 RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR ELECTRICAL TRANSFORMER INSTALLATION IN THE SOUTH T-HANGAR AREA. WHEREAS, the Iowa City Airport Commission desires to enter into a contract with MidAmerican Energy, Inc. to provide for installation of electrical transformer and associated service lines; 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 contract. Passed and approved this 2,( day of -p C> l , 2016. CHAIRP S Ap oved byz. ATTEST: e.-6,- ,__/.3� T c/M.,. SECRETARY City Attorney's Office It was moved by ... ...'L/ and seconded by ds , the Resolution be adopted, and upon roll call there were: Ayes Nays Absent L.../-1Bockenstedt Gardinier ✓J Libby ✓ Odgaard .O _Ogren Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. ,4/ /,Z RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR GAS MAIN INSTALLATION IN THE SOUTH T-HANGAR AREA. WHEREAS, the Iowa City Airport Commission desires to enter into a contract with MidAmerican Energy, Inc. to provide for installation of gas main service; 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 contract. Passed and approved this 2 Q day of Prp n, , 2016. CHAIR RSON A roved by ATTEST. e a. s �� SECRETARY City Attorney's Office It was moved by re-eN. and seconded by (0(r roll , (n.� the Resolution be adopted, and upon II there were: Ayes Nays Absent Bockenstedt ,,/ Gardinier ✓/ Libby ✓ Odgaard Ogren y 2-97 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 Airport I its successors and assigns,(Applicant)agree as follows: I. Company will extend its gas distribution mains as required to make natural gas service available to the following platted and described area: Iowa City Airport Hangar K 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 nedessary 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 lines. 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 I $ 9,932.22 .This amount includes $ 8,329.60 for construction costs plus the composite Federal and State Tax liability(where applicable)of $ 1,602.62 .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 $ 4.89 I 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. 1. 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: Title: Gas Engi -ring Director Title: �,� } ",:.!Cty,,, — Cita.i WMIS#: 2478067 Date Wanted: District: Cedar Valley Date Signed: _.91._2(140.___ (6 City Attornoy'a Offf ! ht Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. ///1,— /_3 RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR ELECTRICAL SERVICE INSTALLATION IN THE SOUTH T-HANGAR AREA. WHEREAS, the Iowa City Airport Commission desires to enter into a contract with Advanced Electrical Services, Inc. to provide for installation of electrical transformer pad and associated service lines; and WHEREAS, the optional 200 amp metered service will be installed; 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 authorized to sign a services agreement for the above work. Passed and approved this 2-1 day of I , 2016. CHAIR RS Ap ed by (-,/.1 ATTEST: SECRETARY City Attorney's Office It was moved byand seconded by %re---", the Resolution be adopted, and upon roll call t�fere were: p P P� Ayes Nays Absent ZBockenstedt Gardinier Libby Odgaard Ogren .t t ADVANCED ELECTRS , INC. AE Electrical Contracting ICAL& Service CompanyERVICES " Advanced Bore I Tek-A Division of Advanced Electrical Services (319)351-6452•(319)351-3080 FAX •aesjake@msn.com•1233 Gilbert Court •Iowa City, IA 52240 March 31, 2016 Iowa City Airport ATTN: Michael Tharp RE: Hangar Expansion We propose to provide the following: One transformer pad with spill containment 640 ft. of 3" SCH 40 PVC for conduits to 3 hangars 790 ft of 2"duct for communications pathways 150 ft of two 4" SCH 40 PVC for primary power 350 aluminum wire from transformer to glider hanger Dig 510 ft. for primary power and secondary Three handholes Labor, Material and Equipment$15, 900.00 Add Option: install 200 amp metered service on the glider hangar ADD: $2,500.00 Add Option: Add protection post around transformer$300.00 per post, $250.00 per rail Pricing does not include: Bonds, fees or dues Frost charges pa& Noone 3/9-400-3904 Approved By ./._ 04:/.6., City Attorney's Office Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-356-5045 RESOLUTION NO. - /L RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR 2016 TERMINAL APRON EXPANSION WHEREAS, All-American Concrete, Inc. of West Liberty, Iowa, has submitted the lowest responsive bid of$191,487.30 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 All- American 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 -2_( day of 4-p7, / , 2016. CHAIR-S' Ap roved by / ATTEST: +¢� Y (� `(4, SECRETARY City Attorney's Office It was moved by �� and seconded by (/� )644-1 the Resolution be adopted, and upon roll II there were: Ayes Nays Absent / (/ Bockenstedt Gardinier Libby Odgaard Ogren Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. A16-15 RESOLUTION RECOMMENDING COUNCIL GRANT A UTILITY EASEMENT TO MIDAMERICAN ENERGY, INC. FOR UTILITIES AT THE IOWA CITY MUNICIPAL AIRPORT. WHEREAS, the Iowa City Airport Commission desires to have MidAmerican Energy install additional utility lines at the Iowa City Municipal Airport in order to support further hangar development; and WHEREAS, MidAmerican Energy has requested a utility easement for the associated work, detailed in the attached Exhibit "A"; and WHEREAS, Iowa City Council has the sole authority to grant said easement. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT: 1. The Iowa City Airport Commission requests that the Council approve the requested utility easement. Passed and approved this « day of k0.l __, 2016. CHAIRPERSON � Ap oved by S ATTEST: 1V.I���, /� 6 S ir ETA'Y City Attorney's Office It was moved by (6269-cr./L4...,----�,---- and seconded by 1-1.;6.7 the Resolution be adopted, and upon roll call there were: Ayes Nays Absent _ ✓ Bockenstedt Gardinier _ Libby - _— _ -- ✓ Odgaard __ ✓ Ogren Prepared by: Eric Goers,Assistant City Attorney,410 E.Washington,Iowa City,IA 52240.319-356-5030 RESOLUTION NO. �& /G RESOLUTION TO AMEND THE IOWA CITY AIRPORT COMMISSION BY- LAWS TO REFLECT A JULY 1" START DATE FOR COMMISSIONER TERMS WHEREAS,the Iowa City Airport Commission wishes to amend the Commission by-laws to honor City Council's desire to have all Council appointments commence on July 1";and NOW,THEREFORE,BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION: 1. That the Iowa City Airport Commission By-Laws are amended as follows: Article II, Section 2 is deleted and replaced with the following Section 2. Term. Members shall be appointed to four-year terms,commencing on July 1st of the year of appointment. Members appointed to terms scheduled to end before June 30th shall have their terms extended until June 30 of the year in which their original appointments would have expired. Article III, Section 2 is deleted and replaced with the following Section 2. Election and Term of Office. Starting in 2017,the officers of this Commission shall be elected annually at the July meeting. If for whatever reason the election of officers is not held at such meeting,such election shall be held as soon thereafter as is convenient. 2. The Chairperson and Secretary are authorized to sign the amended by-laws. Passed and approved this 1°1 day of rk'l.01 , 2016. �c�` e E SON A roved by 11.' / S (� ATTEST: / NAhw .E RET 1Y City Attorney's Office It was moved by (gyp ,,�.t c and seconded by L C t? the Resolution be adopted, and upon roll call tffere were: Ayes Nays Absent Bockenstedt Gardiner ibby Odgaard `Ogren Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. /e " / RESOLUTION RECOMMENDING COUNCIL GRANT A UTILITY EASEMENT TO MIDAMERICAN ENERGY, INC. FOR UTILITIES AT THE IOWA CITY MUNICIPAL AIRPORT. WHEREAS, the Iowa City Airport Commission desires to have MidAmerican Energy install additional utility lines at the Iowa City Municipal Airport in order to support further hangar development; and WHEREAS, MidAmerican Energy has requested a utility easement for the associated work, detailed in the attached Exhibit "A"; and WHEREAS, Iowa City Council has the sole authority to grant said easement. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT: 1. The Iowa City Airport Commission requests that the Council approve the requested utility easement. Passed and approved this 1°1 day of Ro.vi , 2016. acY'rS CHAIRPERSON A Ap oved by ATTEST: AVEgi..!I4v S ETA'Y City Attorney's Office It was moved by (676,- t-/ and seconded by In'b6.7the Resolution be adopted, and upon roll call there were: Ayes Nays Absent ✓ Bockenstedt Gardinier ✓ Libby ✓ Odgaard Ogren EXHIBIT "A" Exsisting 2"Gas Main Legend: r1• ells .. L : -Easement Area a .-Pad Mounted Transformer Parcel: 1021126004 N City of Iowa City(Airpport) m 0 :' Ire it %I F♦ II II Easement Description: ^.-- II A ten(10)feet wide by Seven Hundred Sixty One(761)feet long,underground Anal electric and gas easement over,across,under and through part of the previously it LLI described tract,said easement being five(5)feet on each side of the electric and 10'x 761'± gas lines as installed,to and including a pad mounted transformer,with a Underground centerline more particulary described as follows: Gas &Electric Beginning at a point on the the property,approximately One Hundred Thirteen(113) Easement feet West of the centerline of South Riverside Drive and approximately Three Hundred US Army Reserves Sixteen (316)feet South of the centerline of the Airport entrance road as presently established; thence South Two Hundred Eighty(280)feet;thence Southwesterly Two Hundred Five(205)feet; thence South/Southwesterly Seventy Five (75)feet;thence West Eighty(80)feet;thence Southwesterly Seventy One(71)feet;thence West Fifty(50)feet more or less to the end of said centerline,to and including a pad mounted transformer. MidAmerican Customer: City of Iowa City(Airport) DR#2478067 N carca IGY —� Address: 1801 S Riverside Dr. Scale: Not to Scale Date: May 19,2016 "' 0 f 'L ROW Agent: JRE City: Iowa City, IA 52246 Folder#: 002-16 Sec 12,T 17 N, R 1 W,4th PM Job Desc: Underground Electric&Gas Distribution Easement . r1 r Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. fi& — if RESOLUTION GIVING NOTICE OF INTENT TO EXECUTE A GROUND LEASE WITH JET AIR, INC. FOR GROUND LOCATED AT THE IOWA CITY MUNICIPAL AIRPORT AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR AUGUST 18,2016. WHEREAS,the Airport Commission of the City of Iowa City owns ground referred to as the Iowa City Municipal Airport;and WHEREAS,Jet Air,Inc.desires to construct an aircraft storage hangar;and WHEREAS,the Airport Operations Specialist has negotiated a lease with Jet Air, Inc. for a term of Thirty(30)years;and WHEREAS,a lease of this period of time requires the holding of a public hearing. BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. The Airport Commission of the City of Iowa City does hereby declare its intent to enter into the above-referenced lease agreement. 2. A public hearing on said proposed lease agreement should be and is hereby set for August 18,2016 at 6:00 p.m.in the 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. 3. 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. 4. That a copy of said lease agreement is hereby ordered to be placed on file by the Chairperson in the office of the City Clerk for public inspection Passed and approved this day of AJ c...31— 2016. Approved By: ER N / �y ATTEST: SECRET I'Y City Attorney's Office at 11 It was moved by 'r-OttrrU and seconded by Ds the Resolution be adopted, and upon roll call there were: Ayes Nays Absent r/ Bockenstedt ✓ Gardinier ✓ Libby Odgaard Ogren IOWA CITY MUNICIPAL AIRPORT GROUND LEASE This Ground Lease (the "Lease") is made as of the day of 2016, by and between the Iowa City Airport Commission, having a principal business address at 1801 S. Riverside Drive, Iowa City, Iowa 52246 ("Landlord") and Jet Air, Inc. ("Tenant") RECITALS A. The City of Iowa City is the owner of the 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 of an aircraft storage hangar (Hangar "N")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 Lease 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. ARTICLE III TERM 3.01 Initial Term. The term of this Lease shall commence on September 1, 2016 (the "Lease Commencement Date") and shall continue thereafter until thefast day of August. 2046 (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 _ 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: f Annual Base Rent: $.20 per square foot per year. For the period of - $2,000.00 per year, payable monthly with payments due on the first day of the month $166.67 is due each month beginning , 2016. (a) Definitions. For the 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 (1982-1984=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 September 1st of each year beginning 2021 (b) Adjustment. Effective on the Change Date, the Annual 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: Assume Change Date is 2/1/13. Assume the annual 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. Annual base rent beginning February 1, 2013 would be $1,656.81 11228.537-225.114) 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 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 continue obligation of Tenant to pay such escalation of Annual Base Rent. (f) Change in Index. In the event that the Consumer Price Index ceases to use 1982-1984=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 I 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. . 4.04 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 solely 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. Tenants 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 the 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. 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 Municipal 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 his 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 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 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 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. (f) 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 area Tenant shall be responsible for sodding or seeding shall be maintained in good condition and appearance. Any other ground owned by Landlord disturbed by the construction of improvements and facilities by Tenant shall be restored to their prior condition upon completion of construction. (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 directed downward. (i) Storage. No storage of any articles, goods, or materials shall be permitted outside any buildings 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 in the best interested 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. (j) Utilities. All electric, telephone, and other utility lines on or servicing the lot must be underground. ARTICLE VI IMPROVEMENTS; SURRENDER; PERSONAL PROPERTY; ALTERATIONS; LIENS; MAINTENANCE; COMPLIANCE 6.01 Improvements and Personal Property. (a) Title to Tenant's 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; iii. Names and addresses of proposed contractors and subcontractors iv. A copy of 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 herein below. 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. 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 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, and charge the cost to Tenant. 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 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 violations 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. r ' 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 Federal 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 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) Tenants 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 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 Y I 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 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. Nothing in this paragraph shall prevent Tenant from leasing space in the hangar it intends to build to aviation end users in the normal course of FBO business. Such use will require neither Landlord permission nor any sharing of profits with Landlord. 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 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 Tenants 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 required to give to or serve upon a Leasehold Mortgagee shall be in writing and shall be served by registered or certified mail or by commercial courier service addressed to such holder at the address as shall be designated from time to time by such Leasehold Mortgagee and shall mail a copy of said notice by ordinary mail. Any notice or other communication which any Leasehold Mortgagee shall desire or is required to give to or serve upon Landlord shall be deemed to have been given or served if sent by registered or certified mail or by commercial courier service addressed to Landlord at Landlord's address as set forth in the provisions of the Lease providing for notices to Landlord or at such other address as shall be designated from time to time by Landlord by notice in writing given to such Leasehold Mortgagee by registered or certified mail or by commercial courier services. 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: (a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section 13,02(c). (b) Eviction. Landlord 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 Section 11.02(a), by operation of law or otherwise, and no repossession of the Leased Premises or any part thereof pursuant to Section 13.02(b) or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession or retelling. (d) Damages. In the event of any termination of this Lease or eviction from or repossession of the Leased Premises or any part thereof by reason of the occurrence of an Event of Default: (i) Rent and Charges. Tenant shall pay to Landlord the Rent and other sums and charges required to be paid by Tenant for the period to and including the end of the Term or expiration of an option period as provided for by Section 3.02 herein,whichever is later. (e) Rights Cumulative, Non-Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Right to Cure. If Tenant fails to pay any utilities charges described in Article IV, insurance premiums described in Article VIII, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other remedies under this Article XI, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the "Default Rate"). (g) Late Charge, Default Rate. If Landlord does not receive payment of any installment of Rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord may impose a late charge equal to five percent (5%) of the amount of such delinquent sum and if such sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Landlord's Lien. Landlord shall have a lien against Tenant's leasehold estate, Tenant's Improvements and all property of Tenant located at the Leased Premises, to secure any obligations of Tenant to Landlord arising pursuant to the provisions of this Lease. 11.03 No Implied Waver. 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; 0• (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. ARTICLE XIV TENANT'S INDEMNIFICATION 14.01 Generally. To the extent not expressly prohibited by law, Tenant agrees to indemnify, save, protect and hold forever harmless, Landlord, and all of Landlord's Indemnitees as defined in Section 13.03 hereinabove, from and against all losses, damages, costs, claims and liabilities, including, without limitation, court costs and reasonable attorney's fees and expenses, which Landlord's Indemnitees, or any of them, may become liable or obligated by reason of, resulting from or in connection with: (a) any injury to or death of persons and damage to, or theft, misappropriation or loss of property occurring in or about the Leased Premises or the Property arising from Tenant's use and occupancy of the Leased Premises and/or the conduct of its business; (b) any activity, work or thing done, permitted or suffered by Tenant in or about the Leased Premises, including all liabilities of every kind or description which may arise out of or in connection therewith; and (c) any breach or default on the part of Tenant in the payment or performance of any covenant, agreement or obligation on the part of Tenant to be paid or performed pursuant to the terms of this Lease or any other act or omission of Tenant, its agents or employees. In case of any action or proceeding brought against Landlord's Indemnitees, or any of them, by reason of any such claims, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord and/or any particular Landlord's Indemnitee. ARTICLE XV MISCELLANEOUS PROVISIONS 15.01 Access by Landlord. (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty-four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Leased Premises and Tenant's Improvements for the purposes of inspecting the same, determining whether this Lease is being complied with, curing (as permitted herein) any default by Tenant and showing the Leased Premises to prospective Leasehold Mortgagees. • (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Leased Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Leased Premises. 15.02 Gender and Number. Words of any gender used in the Lease shall be held to include any other gender, and words in the singular shall be held to include the plural, where required. 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 City Attorney Jet Air, Inc. Commission 410 E. Washington St. 58 IL Hwy Rt 164 1801 S. Riverside Drive Iowa City, IA 52240 Galesburg, IL 61401 Iowa City, Iowa 52246 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. 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 r Landlord's cost east for public use including use by Jet Air, Inc. Tenant acknowledges that Landlord will apply for applicable grant funding for this work and will be subject to certain requirements based on schedule of those grant awards. 15.14 Shared Construction Costs: Landlord agrees to reimburse the Tenant for half (1/2) of the expenses associated with constructing the hangar apron. The Landlord will be responsible for the expense of moving the utility lines outside the building footprint. _Tenant shall manage the prL, of utility relocation at no aaaitionai cost to the Total costs paid by Landlord for construction of the hangar apron and relocation of the utilities shall not exceed $50,000. Apron Size will be approximately 70 feet by 150 feet as depicted in Exhibit A. Utility fees are as established by MidAmerican Energy Co. 15.15 FAA Airspace Study. Tenant shall request an Obstruction Evaluation I 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 aircraft 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, t , >, crops, trees, poles, building or other obstructions of any kind or nature whatsoever which now extend, or which may 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 i:J 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. (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. Iowa City Airport Commission By: Chairperson Date Attest: Secretary Date City Attorney Approval: City Attorney's Office Date Jet Air Inc. Date 1 Y Commission's Acknowledgement STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of , 2016, before me personally appeared and to me personally known, who, being by me duly sworn, did say they are the Chairperson and Secretary, respectively, of the Iowa City Airport Commission and that the instrument was signed and sealed on behalf of the Commission, and the execution of the instrument to be their voluntary act and deed of the Commission, by it voluntarily executed. Notary Public in and for said County and State Tenant's Acknowledgment STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrument was acknowledge before me on , 2016 by of Jet Air, Inc., who acknowledged that (s)he is empowered to bind Jet Air to the terms of this Lease. Notary Public in and for said County and State , Iowa City Municipal Airport Ground/Hangar Lease Exhibit A /�• 4 • •4111P111."'" ate 1-30 between'•uId ' 11 - $ 9t xiway �t1�4�'�l:rx3t7it Google earth Hangar Size: 100ft x 100ft Apron Size: —70ft x -150ft Taxiway Size 35ft x —150ft Area subject to rental fee: 100ft x 100ft Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)356 5045 RESOLUTION NO. 8/6 - /f RESOLUTION SETTING A PUBLIC HEARING FOR LEASE FOR HANGAR M WHEREAS, the Commission plans to enter into a Purchase Agreement whereby it will take ownership of Hangar M at the Iowa City Municipal Airport; and WHEREAS, Jet Air, Inc. desires to lease Hangar M from the Commission for use as an aircraft storage hangar;and WHEREAS,the Airport Operations Specialist has negotiated a lease with Jet Air, Inc. for a term of Thirty(30)years;and WHEREAS,a lease of this period of time requires the holding of a public hearing. 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 18 day of August 2016 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 a copy of said lease agreement is hereby ordered to be placed on file by the Chairperson in the office of the City Clerk for public inspection Passed and approved this day of A-r.7.—:;T 2016. LAP rfj=` Approved By: CHAIRP7'S ATTEST:, L SECRETAR City Attorney's Office It was moved by v, and seconded by (e,c��•-, c/ the Resolution be adopted, and upon roll call there were: Ayes Nays Absent t/ Bockenstedt Gardinier 4.7 Libby f Odgaard Ogren CORPORATE HANGAR LEASE This 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 M (the "Hangar Space") located at the Iowa City Municipal Airport (the "Airport") and described as follows: Building M, Corporate Hangar, 80' wide x 80' deep with a 65' x 18' Bi-Fold Door. 2. Term. The term of this Lease shall commence on the date Landlord takes ownership of Hangar M and shall end on the last day of the month of December, 2046. 3. Rent. For use of the Hangar Space, Tenant shall pay the Commission the amount of $ 1,200 per month, payable in advance on the first day of each month. A 1.5% late fee (which is $ 18.00 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. For the period of until rent shall be $500 per month. Rental Rate shall be adjusted beginning January 1, 2027 and every 5 years thereafter by the CPI Index based on the CPI index from the last adjustment.The first adjustment, on January 1, 2027, shall be based on the applicable index at the time of the execution of this lease. 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 4. Utilities Tenant shall be responsible for the electric and gas utilities. Hangar does not have water utilities. 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. 2 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, other than activities directly related to aviation. 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. 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 3 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 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 be allowed to sublease the space per the FBO agreement. 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 make any alterations to the hangar without the approval of the Airport Commission. 12. Hazardous Materials. 4 a. With the exception of Paragraph 11c below, no "hazardous substance," as defined in Iowa Code section 455B.411 (2015), 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.qpo.qov/nara/cfr/cfr-table- search.html, ) Petroleum products and their byproducts for personal use may be stored or present in the Hangar Space if said substances are contained in approved containers. b. 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 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 5 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 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, 6 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: 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 7 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. Non-Discrimination. Tenant shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 24. FAA Provisions. a. Tenant, for itself, heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. b. Tenant, for itself, personal representatives, successors in interest, and assigned, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that Tenant, shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. c. It 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. 8 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. 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. 25. Remedies Cumulative. The rights and remedies with respect to any of the terms and conditions of this Lease shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party in law or equity. 26. Notices. Any notice, for which provision is made in this Lease, shall be in writing, and may be given by either party to the other, in addition to any other manner provided by law, in any of the following ways: a. by personal delivery to the Commission Chairperson b. by service in the manner provided by law for the service of original notice, or 9 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: Jet Air, Inc. Attention: Matt Wolford 1801 S. Riverside Dr. Iowa City, IA 52246 Email: iow@jetairinc.com 27. 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. 28. Integration. This Lease constitutes the entire agreement between the parties, and as of its effective date supersedes all prior independent agreements between the parties related to the leasing of the Hangar Space. Any change or modification hereof must be in writing signed by both parties. 29. Waiver. The waiver by either party of any covenant or condition of this Lease shall not thereafter preclude such party from demanding performance in accordance with the terms hereof. 30. Successors Bound. This Lease shall be binding and shall inure to the benefit of the heirs, legal representatives, successors and assigns of the parties hereto. 31. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Lease, the entire Lease shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. IOWA CITY AIRPORT COMMISSION By: Title: Date: 10 TENANT: By: Title: Date: Approved: City Attorney's Office Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)356 5045 RESOLUTION NO. /7,/� ��ZO RESOLUTION SETTING A PUBLIC HEARING FOR AN AMENDMENT TO THE FIXED BASED OPERATORS AGREEMENT WHEREAS,on November 1st,2001 the Airport Commission of the City of Iowa City entered into a Fixed Base Operators Agreement with Jet Air,Inc.,effective January 15`,2002;and WHEREAS, the original term of said FBO agreement was five years, with Jet Air options for four additional five year terms,for a total potential length of twenty five years;and WHEREAS, Jet Air,Inc. desires to extend that Agreement to cover the term of a new ground lease and Hangar M lease lasting thirty years;and WHEREAS,the Commission agrees such an extension is appropriate and in the best interests of the Airport and the public;and WHEREAS,the Commission wishes to hear the comment of any member of the public who wishes to make comment. BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That a pubic hearing on the amendment for the above-mentioned agreement is to be held on the 18 day of August 2016 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 a copy of the FBO Amendment is hereby ordered to be placed on file by the Chairperson in the office of the City Clerk for public inspection Passed and approved this - day of 44y'_ 1 2016. 410. Approved By: CHAMP SO e ( /r ATTEST: /` SECRET 11 Y City Attorney's Office .l It was moved by 3.re_ --.. and seconded by 04 ae the Resolution be adopted, and upon roll call there were: Ayes Nays Absent EVBockenstedt ✓ Gardinier i/ Libby /. Odgaard Ogren THIRD 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 agreement has previously been amended on two occasions; and WHEREAS,the parties wish to amend the number of additional option periods. IT IS THEREFORE AGREED that; 1. Paragraph 1 Term is hereby amended as follows: The sentence "JA is granted an option to lease the premises for up to four (4) additional five (5) year terms." is deleted and the sentence "JA is granted an option to lease the premises for up to eight (8) additional five (5)year terms" is inserted in its place. 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, INC. BY BY Chairperson Matthew Wolford, General Manager Date Date Approved by: City Attorney's Office Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. A i RESOLUTION AUTHORIZING CHAIRPERSON TO ACCEPT IOWA DEPARTMENT OF TRANSPORTATION GRANT. WHEREAS, the Iowa City Airport Commission has previously applied for grants from the Iowa Department of Transportation Office of Aviation for work associated with a taxilane extension project and a restroom addition in the North T-hangar area. WHEREAS, the Iowa Transportation Commission has met and approved the FY2017 State Aviation Program WHEREAS,the Iowa City Municipal Airport was recommended to receive grant funds as part of the FY2017 State Aviation Program;and WHEREAS,it is in the best interest of the Iowa City Airport Commission to accept these grants. 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 grants. Passed and approved this I /� day of n,y, si 2016. Approved B : PP Y ATTEST: ,,-C` �. ..t SECRETARY City Attorney's Office It was moved by 6DL40-•-,5 and seconded by 44'A• A/ the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Bockenstedt Gardinier Libby Odgaard Ogren Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. ,q/rt ' ;2 RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN A PURCHASE AGREEMENT FOR HANGAR BUILDING "M". WHEREAS, the Iowa City Airport Commission desires to enter into a contract with Jet Air, Inc. to purchase Hangar Building "M"; 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 Hangar Purchase Agreement. Passed and approved this i y day of P tits s , 2016. CHAI Ap oved by ATTEST: e -� SECRETARY City Attorney's Office It was moved by &e.,4:-1,'„e./ and seconded by 46•-417' the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Bockenstedt Gardinier Libby Odgaard '' Ogren i I I I Prepared py:Eric Goers,City Attorney's Office,410 E.Washington,Iowa City,Iowa 52240,319-356-5030 I HANGAR PURCHASE AGREEMENT Thi Hangar Purchase Agreement(hereinafter, "Agreement") is made between the City of Iowa City, a munic3ipal corporation of the State of Iowa(hereinafter, "City")and Jet Air,Inc. (hereinafter, "Jet Air"), for the Purchase,by the City of Hangar M, located on ground owned by the Iowa City Municipal Airport but leased to Jet Air. Jet Air currently owns the improvements built thereon—namely, Hangar M, on the ground leased to Jet Air by the City. Hangar M,as described below,shall hereinafter be referred to as the "Property".The ground on which the Property is located is presently owned by the City,and will continue to be oikned by the City, 1 1 1. PURCHASE PRICE/PROPERTY DESCRIPTION. The Purchase Price for the Property shall be $250,0¢0.00, to be paid in full at the time of closing. The Property, Hangar M, is the corporate hangar, approximately 80' wide and 80' deep,with a 65' x 18' Bi-Fold door, located at.the Iowa City Municipal Airport The ground on which the Property sits is not changing hands —only the Hangar itself is being sold. Upon the conclusion of the sale,the City will own both the ground(which it already owns)and the Hangarl(which is presently owned by Jet Air.) 2. ESTATE TAXES. Seller pays its prorated share,based upon the date of closing,of the real estate es for the fiscal year in which closing occurs, due and payable in the subsequent fiscal year, and all unp id taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislat ve tax rollback and real estate tax exemptions that may be applicable to and used for the calcula ion of taxes payable in the fiscal year commencing July 1,2016. If, at the time of closing,the tax rate ha4 not been certified, then the most current certified tax rate shall be used. Buyer shall be given a credit liar such proration at closing. 3.4ISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior t�cdd{{ closing or possession, whichever first occurs. Seller agrees to maintain existing insurance until closing or possession, whichever first occurs. City may also insure the Property prior to closing or posses ion.The Property shall be preserved in its present condition,ordinary wear and tear excepted, and Seller hall deliver it intact at the time the City takes possession. Prior to the City taking possession, Seller slhall promptly give written notice to the City of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the City shall have the option to terminate this AgreemXient effective immediately.However,in the case of loss,damage or destruction of all or part of the Property from causes covered by insurance, the City shall have the option to either 1)take possession of the Property and accept an assignment of all Seller's right,title and interest in and to any claims Seller has under the insurance policies covering the Property; or 2)terminate this Agreement effective immediately. 4. OSSESSION AND CLOSING. If Seller timely performs all obligations, possession of the Prope shall be delivered to City on September 1,2016, and any adjustments of rent, insurance,taxes, interes and all charges attributable to the Seller's possession shall be made as of the date of closing. 5. IXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifi ally adapted to or are a part of the real estate, whether attached or detached, such as: fencing, gates, ushes,trees,shrubs and plants. 6. TATEMENT AS TO LIENS. Seller shall deliver the Property free of any and all liens. 7. ENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence.Failure to promptly assert rights herein shall not,however,be a waiver of such rights or a waiver of any existing or subsequent default.This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number,and as masculine,feminine or neuter gender according to the context. 8.ADDITIONAL PROVISIONS: A.TERMITE INSPECTION. City,at its expense,may have the Property inspected for termites or other wood destroying insects by a licensed pest inspector within 15 days of acceptance. if active infestation or damage due to prior infestation is discovered, Seller shall have the option of either having the Property treated for infestation by a licensed pest exterminator and repaired to the Buyer's satisfaction or declaring this Agreement null and void and returning all earnest money to Buyer. This provision shall not apply to fences, trees, shrubs or outbuildings other then garages. Buyer may accept the property in its existing condition without such treatment or repairs. B. LEASES. The Property must be free of all leasehold interests. Seller agrees to defend, indemnify and hold harmless the City from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to any leasehold interest. This provision survives closing. 9. ACCEPTANCE. When accepted,this Agreement shall become a binding contract.If not accepted and delivered to City on or before August 18,2016,at 5:00 o'clock p.m.,this Agreement shall be null and void. BUYER: IOWA CITY AIRPORT COMMISSION 7-11 714By: Jaco ,. , Chairperson Date AflhST: v-G�+>'� a 0 /l Y(`C= bLibb Secretary Date Approved By: 8-72,-LA City Attorney's Office SELLER: Jet Air,Inc. er///C/. 2.-,0/6 Date 2 Commission's Acknowledgement STATE OF IOWA ) )ss: JOHNSON COUNTY ) On 04s day of , 2016, before me, , a Notary Public in and for the State of Iowa, personally appeared Jacob OdgaarSl and Bob Libby,to me personally known, who, being by me duly sworn, did say that they are the Chair and Secretary,respectively, of the Iowa City Airport Commission and that the instrument was signed and sealed on behalf of the Commission and that Jacob Odgaard and Bob Libby acknowledged the executitn of the instrument to be their voluntary act and deed of the Commission,by it voluntarily executed. Notary Public in and for said County and State Seller's Acknowledgement STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2016 by as of Jet Air, Inc., who verifies that (s)he is empowtred to bind Jet Air,Inc.to this Purchase Agreement. Notary Public in and for said County and State 3 Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. 144 -- RESOLUTION AUTHORIZING THE CHAIRPERSON TO EXECUTE AND THE SECRETARY TO ATTEST TO A HANGAR 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 for hangar building"M"at the Iowa City Municipal Airport; and WHEREAS,the Commission fmds 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 September 1,2016 through December 31,2046. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That the proposed hangar lease for Hangar building"M"is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to the corporate hangarllease'Lbetween the Airport Commission and Jet Air,Inc. It was moved by bfrc.�e-- 00 and seconded by �—,�b�v t1 the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Bockenstedt Gardinier Libby Odgaard r Ogren. Passed and approved this I c[ day of Air"S 1 2016. Approved By: C • l'Iv: R ;i VS/1/Z. ATTEST: SECRETARY City Attorney's Office Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. t)/6 A 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 for land as described in Exhibit A; and WHEREAS,the Commission fmds 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 September 1, 2016 through 31 August,2046. NOW,THEREFORE,BE IT RESOLVED BYTHE 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 03‘i and seconded by a9 S cue,ail the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Bockenstedt Gardinier Libby /.7 / Odgaard Y Ogren Passed and approved this ( (% day of � c� 2016. 9.7 Appr ed By: C • ATTEST: „��.-4wy1- ( 6 SECRETARY City Attorney's Office , IOWA CITY MUNICIPAL AIRPORT GROUND LEASE This Ground Lease (the "Lease") is made as of the day of 2016, by and between the Iowa City Airport Commission, having a principal business address at 1801 S. Riverside Drive, Iowa City, Iowa 52246 ("Landlord") and Jet Air, Inc. ("Tenant") RECITALS A. The City of Iowa City is the owner of the 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 of an aircraft storage hangar (Hangar "N")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 Lease 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. ARTICLE III TERM 1 3.01 Initial Term. The term of this Lease shall commence on September 1, 2016 (the "Lease Commencement Date") and shall continue thereafter until the last day of August. 2046 (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 STI-t,--‘ -t,- 16)4b 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 5"4r1-t--ttz- r z'''" - ok�b,.1'1'12,000.00 per year, payable monthly with payments due on the first day of the month $166.67 is due each month beginning S crk.� i , 2016. (a) Definitions. For the 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 (1982-1984=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 September 1st of each year beginning S / 4-4tr 1 2021 (b) Adjustment. Effective on the Change Date, the Annual Base Rent hereunder shall escalate based on the following formula and illustrated by the following example: (1) Formula: JfCurrent CPI-Base CPI}x Rent] + Rent= Escalated Rent [Base CPI] (2) Example: Assume Change Date is 2/1/13. Assume the annual 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. Annual base rent beginning February 1, 2013 would be $1,656.81 ((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 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 continue obligation of Tenant to pay such escalation of Annual Base Rent. (f) Change in Index. In the event that the Consumer Price Index ceases to use 1982-1984=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. . 4.04 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 solely 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 the 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. 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 Municipal 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; id 3. Any oil, petroleum products, and their byproducts; and 4 Any substance which his 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 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 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 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. (f) 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 area Tenant shall be responsible for sodding or seeding shall be maintained in good condition and appearance. Any other ground owned by Landlord disturbed by the construction of improvements and facilities by Tenant shall be restored to their prior condition upon completion of construction. (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 directed downward. (9 Storage. No storage of any articles, goods, or materials shall be permitted outside any buildings 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 in the best interested 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. (j) Utilities. All electric, telephone, and other utility lines on or servicing the lot must be underground. ARTICLE VI IMPROVEMENTS; SURRENDER; PERSONAL PROPERTY;ALTERATIONS; LIENS; MAINTENANCE; COMPLIANCE 6.01 Improvements and Personal Property. (a) Title to Tenant's 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; Names and addresses of proposed contractors and subcontractors iv. A copy of 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 herein below. 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 Ten4nt. (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. 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 Tenants 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 Landlords 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) fumish 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 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, and charge the cost to Tenant. 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 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 violations 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 Federal 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 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 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 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. Nothing in this paragraph shall prevent Tenant from leasing space in the hangar it intends to build to aviation end users in the normal course of FBO business. Such use will require neither Landlord permission nor any sharing of profits with Landlord. 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 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 required to give to or serve upon a Leasehold Mortgagee shall be in writing and shall be served by registered or certified mail or by commercial courier service addressed to such holder at the address as shall be designated from time to time by such Leasehold Mortgagee and shall mail a copy of said notice by ordinary mail. Any notice or other communication which any Leasehold Mortgagee shall desire or is required to give to or serve upon Landlord shall be deemed to have been given or served if sent by registered or certified mail or by commercial courier service addressed to Landlord at Landlord's address as set forth in the provisions of the Lease providing for notices to Landlord or at such other address as shall be designated from time to time by Landlord by notice in writing given to such Leasehold Mortgagee by registered or certified mail or by commercial courier services. 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: (a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section 13.02(c). (b) Eviction. Landlord 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 Section 11.02(a), by operation of law or otherwise, and no repossession of the Leased Premises or any part thereof pursuant to Section 13.02(b) or otherwise 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 Leased Premises or any part thereof by reason of the occurrence of an Event of Default: (i) Rent and Charges. Tenant shall pay to Landlord the Rent and other sums and charges required to be paid by Tenant for the period to and including the end of the Term or expiration of an option period as provided for by Section 3.02 herein, whichever is later. (e) Rights Cumulative, Non-Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or • remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Right to Cure. If Tenant fails to pay any utilities charges described in Article IV, insurance premiums described in Article VIII, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other remedies under this Article XI, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the"Default Rate"). (g) Late Charge, Default Rate. If Landlord does not receive payment of any installment of Rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord may impose a late charge equal to five percent (5%) of the amount of such delinquent sum and if such sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Landlord's Lien. Landlord shall have a lien against Tenant's leasehold estate, Tenant's Improvements and all property of Tenant located at the Leased Premises, to secure any obligations of Tenant to Landlord arising pursuant to the provisions of this Lease. 11.03 No Implied Waver. 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. ARTICLE XIV TENANT'S INDEMNIFICATION 14.01 Generally. To the extent not expressly prohibited by law, Tenant agrees to indemnify, save, protect and hold forever harmless, Landlord, and all of Landlord's Indemnitees as defined in Section 13.03 hereinabove, from and against all losses, damages, costs, claims and liabilities, including, without limitation, court costs and reasonable attorney's fees and expenses, which Landlord's Indemnitees, or any of them, may become liable or obligated by reason of, resulting from or in connection with: (a) any injury to or death of persons and damage to, or theft, misappropriation or loss of property occurring in or about the Leased Premises or the Property arising from Tenant's use and occupancy of the Leased Premises and/or the conduct of its business; (b) any activity, work or thing done, permitted or suffered by Tenant in or about the Leased Premises, including all liabilities of every kind or description which may arise out of or in connection therewith; and (c) any breach or default on the part of Tenant in the payment or performance of any covenant, agreement or obligation on the part of Tenant to be paid or performed pursuant to the terms of this Lease or any other act or omission of Tenant, its agents or employees. In case of any action or proceeding brought against Landlord's Indemnitees, or any of them, by reason of any such claims, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord and/or any particular Landlord's Indemnitee. ARTICLE XV MISCELLANEOUS PROVISIONS 15.01 Access by Landlord. (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty-four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Leased Premises and Tenant's Improvements for the purposes of inspecting the same, determining whether this Lease is being complied with, curing (as permitted herein) any default by Tenant and showing the Leased Premises to prospective Leasehold Mortgagees. (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Leased Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Leased Premises. 15.02 Gender and Number. Words of any gender used in the Lease shall be held to include any other gender, and words in the singular shall be held to include the plural, where required. 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 City Attorney Jet Air, Inc. Commission 410 E.Washington St. 58 IL Hwy Rt 164 1801 S. Riverside Drive Iowa City, IA 52240 Galesburg, IL 61401 Iowa City, Iowa 52246 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. 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. Tenant acknowledges that Landlord will apply for applicable grant funding for this work and will be subject to certain requirements based on schedule of those grant awards. 15.14 Shared Construction Costs: Landlord agrees to reimburse the Tenant for half (1/2) of the expenses associated with constructing the hangar apron. The Landlord will be responsible for the expense of moving the utility lines outside the building footprint. Tenant shall rrr the_process of utility relocation at no additional cost to the iandlord. Total costs paid by Landlord for construction of the hangar apron and relocation of the utilities shall not exceed $50,000. Apron Size will be approximately 70 feet by 150 feet as depicted in Exhibit A. Utility fees are as established by MidAmerican Energy Co. 15.15 FAA Airspace Study. Tenant shall request an Obstruction Evaluation I 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 aircraft 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 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 FM 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 i:J 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. (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. Iowa City Airport Commission By: � —� . 1I l7f/ Zc1( C -•n Date Attest: Slit/20/k, Secretary Date City orney Approval: VI.LA City Attorney's Office Date Jet Air Inc. Da e Commission's Acknowledgement STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of , 2016, before me personally appeared and to me personally known, who, being by me duly sworn, did say they are the Chairperson and Secretary, respectively, of the Iowa City Airport Commission and that the instrument was signed and sealed on behalf of the Commission, and the execution of the instrument to be their voluntary act and deed of the Commission, by it voluntarily executed. Notary Public in and for said County and State Tenant's Acknowledgment STATE OF IOWA ) )SS: JOHNSON COUNTY ) This instrument was acknowledge before me on 2016 by of Jet Air, Inc.,who acknowledged that (s)he is empowered to bind Jet Air to the terms of this Lease. Notary Public in and for said County and State Iowa City Municipal Airport Ground/Hangar Lease Exhibit A - 11, ��;:-p •yy� JI:3�%l•X IW;l y Google earth Hangar Size: 100ft x 100ft Apron Size: -70ft x-150ft Taxiway Size 35ft x-150ft Area subject to rental fee: 100ft x 100ft 0 L Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)356 5045 RESOLUTION NO. #/6 --25 RESOLUTION AMENDING THE FIXED BASED OPERATORS AGREEMENT AGREEMENT WHEREAS,on November 1st,2001 the Airport Commission of the City of Iowa City entered into a Fixed Base Operators Agreement with Jet Air,Inc.,effective January 1',2002;and WHEREAS,the original term of said FBO agreement was five years, with Jet Air options for four additional five year terms,for a total potential length of twenty five years;and WHEREAS,Jet Air,Inc. desires to extend that Agreement to cover the term of a new ground lease and Hangar M lease lasting thirty years;and WHEREAS,the Commission agrees such an extension is appropriate and in the best interests of the Airport and the public; BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: The Chairperson is hereby authorized to sign and the Secretary to attest to the Third Amendment to Fixed Based Operator's Agreement,a copy of wh�'ch is attached and incorporated herein. Passed and approved this /I day of P-2-. �„, 0' 2016. Approved By: CHAMFER!,N/ A ITLST: SECRETARY City Attorney's Office It was moved by (9.0.-AL„;.,— and seconded by 4,4-‘,..-.,dej the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Bockenstedt Gardinier ‘,' Libby v Odgaard Ogren THIRD 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 agreement has previously been amended on two occasions; and WHEREAS,the parties wish to amend the number of additional option periods. IT IS THEREFORE AGREED that; 1. Paragraph 1 Term is hereby amended as follows: The sentence "JA is granted an option to lease the premises for up to four (4) additional five (5) year terms." is deleted and the sentence "JA is granted an option to lease the premises for up to eight (8) additional five(5)year terms" is inserted in its place. All other terms and provisions of the FBO Agreement, not inconsistent with this amendment, remain in full force and effect. IOWA CITY Al 'T COMMISSION JET AIR, INC. BY 11110, BY .>.0f23 ii - et," Chairpers•r Matthew Wolford, neral Manager Date IT' / (11 / Date `,*2./sto(6' Approv by: 6?-7, City Attorney's Office