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Home My WebLink About2009 Airport Commission Resolutions RES. NO. SUBJECT DATE A09-01 RESOLUTION APPROVING PLANS, SPECIFICATIONS, 1/8/09 FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE BUILDING H - UNIVERSITY OF IOWA HANGAR EXPANSION A09-2 RESOLUTION AWARDING CONTRACT AND 2/13/09 AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR THE EXPANSION OF BUILDING H A09-03 RESOLUTION ACCEPTING FEDERAL/AVIATION 2/23/09 ADMINISTRATION GRANT 3-19-0047-17 FOR THE REHABILITATION OF RUNWAY 7/25 AND 12/30 INTERSECTION PART.A A09-04 RESOLUTION APPROVING SUPPLEMENTAL 3/12/09 AGREEMENT NO. 2 WITH AECOM FOR ENGINEERING SERVICES RELATING TO THE RUNWAY 12-30 RECONSTRUCTION PROJECT A09-05 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 4/2/09 14, 2009 FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE RECONSTRUCT RUNWAY 7-25 (PHASE 2) AND RECONSTRUCT RUNWAY 12-30 PROJECT, AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION A09-06 RESOLUTION APPROVING PLANS, SPECIFICATIONS, 4/14/09 FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE RECONSTRUCT RUNWAY 7-25 (PHASE 2) AND RECONSTRUCT RUNWAY 12-30 A09-07 RESOLUTION ACCEPTING THE WORK FOR THE 4/16/09 PHASE 5 RUNWAY 7-25 PAVING AND LIGHTING A09-08 RESOLUTION SETTING A PUBLIC HEARING FOR MAY 5/6/09 21, 2009, REGARDING THE INTENT TO ENTER INTO A GROUND LEASE AGREEMENT WITH LARRY E. BELL AND SANDRA S. BELL A09-09 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 5/21/09 SIGN AND THE SECRETARY TO ATTEST TO A GROUND LEASE LARRY E BELL AND SANDRA S BELL A09-10 RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 5/21/09 18, 2009, REGARDING THE INTENT TO ENTER INTO A GROUND LEASE AGREEMENT WITH MERSCHMAN SEEDS, INC. 2009 Resolutions Page 2 RES. NO. SUBJECT DATE A09-11 RESOLUTION AUTHORIZING THE CHAIR TO ACCEPT 5/21/09 FAA GRANTS FOR RUNWAY 7-25 RECONSTRUCT (PHASE 2) AND RUNWAY 12-30 RECONSTRUCT A09-12 RESOLUTION AWARDING CONTRACT AND 5/21/09 AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR THE RECONSTRUCT RUNWAY 7-25 (PHASE 2) AND RECONSTRUCT RUNWAY 12/30 PROJECT. A09-13 RESOLUTION APPROVING TASK ORDER NO. 3 WITH 5/21/09 AECOM FOR ENGINEERING CONSTRUCTION SERVICES RELATING TO THE RUNWAY 7-25 AND RUNWAY 12-30 RECONSTRUCTION A09-14 RESOLUTION APPROVING TASK ORDER NO 4 WITH 5/21/09 AECOM FOR ENGINEERING CONTRUCTION SERVICES RELATING TO THE RUNWAY 12-30 RECONSTRUCTION A09-15 RESOLUTION ACCEPTING THE WORK FOR THE 5/21/09 SOUTH AIRFIELD PLANNING STUDY A09-16 RESOLUTION APPROVING AMENDMENTS TO GATE 6/18/09 AGREEMENT AND ACCESS WAY LEASE WITH MERSCHMAN SEEDS, INC. AND REGENNITTER FARMS, INC. A09-17 RESOLUTION ACCEPTING THE WORK FOR THE 6/18/09 RUNWAY RECONSTRUCTION (PHASE 1) PROJECT A09-18 RESOLUTION AUTHORIZING THE COMMISSION 6/18/09 CHAIRPERSON TO APPROVE CHANGE ORDER NOT TO EXCEED A SPECIFIED DOLLAR AMOUNT OR PERCENTAGE OF THE CONTRACT PRICE A09-19 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 7/10/09 SIGN AND THE SECRETARY TO ATTEST A CONTRACT AMENDMENT FOR THE RECONSTRUCT RUNWAY 7-25 (PHASE 2) AND RECONSTRUCT RUNWAY 12/30 PROJECT A09-20 RESOLUTION ACCEPTING THE WORK FOR THE 716/09 REHABILITATION OF THE 2008 PAVEMENT REHABILITATION (NORTH TAXILANES) A09-21 RESOLUTION ACCEPTING IOWA DEPARTMENT OF 8/20/09 TRANSPORTATION GRANT 9110010W100 A09-22 RESOLUTION RESCINDING RESOLUTION A9-20 AND 8/20/98 ACCEPTING THE WORK FOR THE REHABILIATION OF THE 2008 PAVEMENT REHABILITATION PROJECT (NORTH TAXILANES) 2009 Resolutions Page 3 RES. NO. SUBJECT DATE A09-23 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 9/17/09 EXECUTE AND THE SECRETARY TO ATTEST TO A CONSULTANT AGREEMENT BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, AND STANLEY CONSULTANTS FOR SPILL PREVENTION CONTROL, AND COUNTERMEASURE PLAN A09-24 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 10/15/09 EXECUTE AND THE SECRETARY TO ATTEST TO A CORPORATE HANGAR LEASE BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, AND KEITH ROOF D/B/A IOWA CITY AIRCRAFT REPAIR A09-25 RESOLUTION APPROVING COMMERICAL OPERATING 10/15/09 AGREEMENT WITH KEITH ROOF DOING BUSINESS AS IOWA CITY AIRCRAFT REPAIR A09-26 RESOLUTION APPROVING COMMERICAL OPERATING 10/15/09 AGREEMENT WITH WHIRLYBIRD HELICOPTERS A09-27 RESOLUTION SETTING A PUBLIC HEARING FOR 12/7/09 DECEMBER 17, 2009 REGARDING THE INTENT TO ENTER INTO A LEASE BUILDING H WITH THE UNIVERSITY OF IOWA A09-28 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 12/17/09 SIGN AND THE SECRETARY TO ATTEST TO AN AMENDMENT TO THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK TO EXTEND THE TERM ( ) A09-29 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 12/17/09 • EXECUTE AND THE SECRETARY TO ATTEST TO A LEASE BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, AND THE UNIVERSITY OF IOWA Prepared by: Susan Dulek,Ass't. City Attorney,410 E.Washington St.,.Iowa City,IA 52246(319)356-5030 RESOLUTION NO. 111.009 — I RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE BUILDING H - UNIVERSITY OF IOWA HANGAR EXPANSION 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; and WHEREAS,the above-named project went out for bid in June 2008 and the Commission rejected all bids on July 10, 2008 because they were too high; and WHEREAS, it is in the best interest of the airport to re-bid the project. 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 with the following two exceptions: A. The following language is added to the Supplementary Instructions to Bidders and to the Supplementary Conditions respectively: To the extent that there is a conflict between the AIA Instructions to Bidders (AIA Document A701-1997) and Iowa Code chapters 26 and 573,Iowa law shall apply. To the extent that there is a conflict between the AIA General Conditions of the Contract for Construction(AIA Document A201-1997) and Iowa Code chapters 26 and 573, Iowa law shall apply. B. Pages AB-1 and AB-2 are amended such that bids will be received before 2:00 p.m. on February 5, 2009,that bids shall be opened at 2:00 p.m. on February 5, 2009, and that there shall be no pre-bid conference. 2. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% (ten percent) of bid payable to the Iowa City Airport Commission. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa at the Office of the City Clerk, at the City Hall,before 2:00pm on the 5th day of February, 2009, or at a later date and/or time as determined by the Commission Chairperson or their designee, and thereupon referred to the Airport Commission, for action upon said bids at its next meeting,to be held at the Iowa City Airport Terminal Building, 1801 S. Riverside Drive, Iowa City, Iowa at 5:45pm on the 12th day of February 2009, or at a later date and/or time as determined by the Commission Chairperson or designee, with notice of said later date and/or time to be published as required by law, or if said meeting is cancelled, at the next meeting of the Airport Commission thereafter as posted by the City Clerk. Passed and approved this day of jc,.,, Approved By: CHAIRPE ON _ :131Lx—Nn C'S ATTEST: IJAA +SECRETA Y City Attorney's Office It was moved by Age), and seconded by 7:1-4r Av the Resolution be adopted, and upon roll call the were: Ayes Nays Absent Farris Hartwig Horan ✓ Rettig Staley Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. AO RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR THE EXPANSION OF BUILDING H. WHEREAS, Septagon Construction Company Inc. has submitted the lowest responsible bid of $389,595 (base bid) for construction of the above named project. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION,�THAT' a"f`eS to.teliprtLc° c4,',4 14 el 1. The contract for the construction of the Bove named project is hereby awarded to ( v1Gt Septagon Construction Company Inc. subject to the condition that awardee secure lU5to adequate performance and payment bond, insurance certificates, and contract 19 t compliance program statements. 2. Upon direction of the City Attorney and receipt of a letter of understanding from the University of Iowa committing to sufficient lease terms, 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. Passed and approved th•is Z day of \'e ,/ , 2009. . 17_,A✓Nz-\/-\ CHAIPERSON Approved by i ATTEST: "l� i 3 -� ^ 'l o SECRETAR City Attorney's Office It was moved by 120:4,\„ and seconded by ��`^ the Resolution be adopted, and upon roll call ther ✓ere: Ayes Nays Absent Farris Hartwig Horan (/, Rettig Staley Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. no?-o RESOLUTION ACCEPTING FEDERA(AVIATION ADMINISTRATION GRANT 3-19-0047-17 FOR THE REHABILITATION OF RUNWAY 7/25 AND 12/30 INTERSECTION PART A WHEREAS, the Iowa City Airport Commission has previously applied for Federal Aviation Administration aid in airport related projects; WHEREAS, the Federal Aviation Administration has offered a grant to the Iowa City Municipal Airport to provide a maximum of$472,583 in a 95/5 matching grant; and WHEREAS, it is in the best interest of the Iowa City Airport Commission to accept this grant. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: The Chairperson is authorized sign the acceptance of Grant 3-19-0047-17. V G� �n Passed and approved this day of FCS "✓ 2009. • ! Approved By: CHA 'I'ERSON a —acs d ATTEST: P' SE GARY City Attorney's Office It was moved byV and seconded by l " (5 the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris Hartwig Horan Rettig Staley Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. Ari-al/ RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2 WITH AECOM FOR ENGINEERING SERVICES RELATING TO THE RUNWAY 12-30 RECONSTRUCTION PROJECT. WHEREAS, the Iowa City Airport Commission entered into a contract entitled "Professional Services Agreement" with AECOM on December 11, 2008 to provide engineering services Federal Airport Improvement Program Projects; WHEREAS, Part I(A) of said agreement provides that the parties will enter into supplemental agreements for each project; WHEREAS, the Commission and AECOM have previously entered into Supplemental Agreement No. 1; WHERAS, the Commission and AECOM now desire to enter into Supplemental Agreement No. 2,a copy of which is attached; and WHEREAS, it is in the best interest of the Commission to enter into Supplemental Agreement No. 2. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: The Chairperson is authorized to sign Supplemental Agreement No. 2 after concurrence with FAA. Passed and approved this .1 day of ?'4.r"\ 2009. • Approved By: CHAIRPE'Joy ATTEST: Y- S SECRETARY City Attorney's Office It was moved by lkyrgIrN and seconded by e-rr the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris f (GKI�.�ar Horan If Rettig Staley k Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr. Iowa City, IA 52246(319)350 5045 • RESOLUTION NO. AD9- r5 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 14, 2009 FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE RECONSTRUCT RUNWAY 7-25 (PHASE 2) AND RECONSTRUCT RUNWAY 12-30 PROJECT, AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: 1. A public hearing on the plans, specifications, form of contract and estimate of cost for construction of the above-named project is to be held on the 14th day of April at 6:00 p.m. 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. The City Clerk is hereby authorized and directed to publish notice of the public hearing, not less than 4 and not more than 20 days before the date 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. 4. A copy of the plans, specifications, form of contract and estimate of cost for 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 day of A p,. I , 2009. AQ . CHAIRPER ON Approved by ATTEST: C �� y _ / o SECRETARY City Attorney's Office ti It was moved by -� v If and seconded by Gg tT d t1 v the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Farris Horan Gardinier X Rettig K Stately Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. /i9 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE RECONSTRUCT RUNWAY 7-25 (PHASE 2) AND RECONSTRUCT RUNWAY 12-30 WHEREAS,notice of public hearing on the plans specifications,form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW,THEREFORE,BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: 1. The plans, specifications,form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10%(ten percent)of bid payable to the Iowa City Airport Commission. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City,Iowa at the Office of the City Clerk,at the City Hall,before 2:00pm on the April 29,2009,or at a later date and/or time as determined by the Commission Chairperson or their designee,and thereupon referred to the Airport Commission,for action upon said bids at its next meeting, to be held at the Iowa City Airport Terminal Building, 1801 S. Riverside Drive,Iowa City, Iowa at 6:00 pm on the 21st day of May 2009,or at a later date and/or time as determined by the Commission Chairperson or designee,with notice of said later date and/or time to be published as required by law,or if said meeting is cancelled,at the next meeting of the Airport Commission thereafter as posted by the City Clerk. Passed and approved this / day of /A-p 2009. Approved By: CHAIRPERSO "1" Uc_ —O cl ATTEST: SECRETARY 5 City Attorney's Office It was moved by x617 f and seconded by nit the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris /Horan ✓ Gardinier Rettig /Staley. Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. /99f-O/ RESOLUTION ACCEPTING THE WORK FOR THE PHASE 5 RUNWAY 7-25 EXTENSION PAVING & LIGHTING WHEREAS, the Commission's consultant for the Runway 7-25 Extension Paving & Lighting, AECOM, has recommended that the work on grading associated with the Runway 7 extension by Metro Pavers Inc., be accepted as complete; and WHEREAS, the final contract price is $1,340,910.03, which is established from the original contract cost of$1,347,586.13 minus $6,676.10 from Change Orders Nos. 1, 2 and 3. 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 I O day of 11-flr�t , 2009. At �*i CHAIRPERSON Approved by Gam` �-r' oS ATTES ---/ SECRETARY City Attorney's Office II It was moved by v ‘( / 1.5 and seconded by (O r 6*- the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris / Horan ,./ Gardinier -7 Rettig Staley • Prepared by: Susan Dulek,Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240(319)356-5030 RESOLUTION NO. //e/- RESOLUTION /D/'RESOLUTION SETTING A PUBLIC HEARING FOR MAY 21, 2009, REGARDING THE INTENT TO ENTER INTO A GROUND LEASE AGREEMENT WITH LARRY E. BELL AND SANDRA S. BELL. WHEREAS, Larry E. Bell and Sandra S. Bell would like to enter into a lease to park vehicles on airport property north of 1565 S. Gilbert Drive; and WHEREAS, the attached lease has been approved by the Airport Operations Specialist. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Iowa City Airport Commission 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 May 21, 2009 at 6:00 p.m. in the Terminal Building, Iowa City Airport, 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. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 4' day of Y"1& y , 2009. P4'4" CHAIRPERSON pro� d by S S~(2) ATTEST: S SECRETARY City Attorney's Office Resolution No. Page 2 It was moved by lv ' and seconded by t the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Farris x Gardinier Horan Rettig y Staley Prepared by: Susan Dulek,Ass't.City Attorney,410 E.Washington St.;Iowa City,IA 52240;319-356-5030 GROUND LEASE THIS LEASE agreement made and entered into by and between Larry E. Bell and Sandra S. Bell ("TENANT"), and the Iowa City Airport Commission ("COMMISSION") in Iowa City, Iowa. In consideration of their mutual promises herein, COMMISSION and TENANT agree as follows: 1. Leased Area. COMMISSION does hereby lease to TENANT the approximate 10,000 square foot area of vacant land depicted on Exhibit A and legally described in Exhibit B, which are attached and incorporated herein, and which is located within the runway protection zone legally described in Paragraph 3 below ("Leased Area"). 2. Term. The term of this Lease will be from the date of execution to May 31, 2029. TENANT shall have the option of an additional ten (10) year term, if written notification is given to the COMMISSION by May 1, 2029. Rent for the additional ten-year term if the option is requested shall be based on the "Rent Adjustment" provision described in Paragraph 3 below. In the event TENANT shall continue to occupy the Leased Area beyond the term of this Lease Agreement without executing an agreement for another term, such holding over shall not constitute a renewal of this Lease Agreement but shall be on a month-to-month basis only. 3. Rent. TENANT shall pay$300.00 per month in rent, payable in advance on the first day of each month. A 1.5% late fee ($4.50 per day) for rent not received by the COMMISSION will be charged after the fifteenth (15th) day of each month. Rent for May 2009 shall be $96.00 which is prorated from May 22 to May 31,2009 and is due June 1, 2009. Rent Adjustments. A consumer price index ("CPI") evaluation shall occur prior to and take effect on May 1, 2014 and thereafter every five years of this Lease and additional exercised options. Said rent adjustment shall reflect the change in the CPI for the previous five (5) year period, unless a downward adjustment would occur. The CPI used shall be the data for the CPI-U, US City Average,All Items Less Food and Energy, Base Period 1982-1984=100. 4. Permitted Use. TENANT shall use the Leased Area for vehicle parking,but only to the extent permitted by FAA regulations, directives,rules, and policies and City of Iowa City ordinances. TENANT shall be responsible for all improvements and future maintenance of the Leased Area. TENANT intends to install either a concrete or asphalt parking lot in the Leased Area. 2 5. RPZ. TENANT specifically acknowledges that the Leased Area is within the runway protection zone ("RPZ") of the Iowa City Municipal Airport and that, as a result, the FAA restricts certain uses within Leased Area. TENANT further 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. This Lease shall be subordinate to the provisions of any outstanding or future agreement between the Iowa City Airport 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. 6. Indemnification. TENANT agrees to indemnify, defend and hold harmless the COMMISSION and the City of Iowa City, their officers, agents and employees from and against any and all claims, losses, liabilities or damages, of whatever nature, including payment of reasonable attorney fees, arising from occurrences or accidents within the Leased Area, from the TENANT'S use arising from this Lease agreement, or which may be caused in whole or in part by any act or omission of the TENANT including their agents or employees. 7. Subleasing. TENANT shall not sublease the Leased Area or assign this Lease without the prior written approval of the Commission, which approval shall not be unreasonably withheld. 8. Anti-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. 9. Insurance. a. TENANT shall at its own expense procure and maintain general liability and casualty insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage Comprehensive General (or Premises) Liability- Each Occurrence$1,000,000 Aggregate $2,000,000 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. TENANT shall provide fifteen (15) days notice to the COMMISSION before cancellation of said insurance. TENANT shall provide the COMMISSION a certificate of insurance showing compliance with this provision upon execution of this Lease. 10. No Smoking. Smoking is prohibited in the Leased Area. 3 11. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows: a. Immediately upon written notice by TENANT in the event TENANT determines that TENANT'S intended use of the premises is actually or constructively prohibited through no fault of TENANT. b. Upon thirty (30) days' written notice by either party to the other party if the other party defaults and fails to cure such default within that 30-day period, or such longer period as may be required to diligently complete a cure commenced within that thirty-day period. 12. Notices. Any notice, for which provision is made in this Lease, shall be in writing, and may be given by either party to the other, in addition to any other manner provided by law, in any of the following ways: a. by personal delivery to the Commission Chairperson b. by service in the manner provided by law for the service of original notice, or c. by sending said Notice by certified or registered mail, return receipt requested, to the last known address. Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. (1) If to the Commission, addressed to: Iowa City Airport Commission Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 (2) If to Tenant, addressed to: Larry E. and Sandra S. Bell 10 Greenview Court West Branch, IA 52358 13. Right of First Refusal. If the FAA releases the Leased Area, thereby allowing the City of Iowa City to sell the Leased Area, and if the City of Iowa City receives an offer for sale of the Leased Area, TENANT shall have forty-eight (48) hours to match the offer in writing. 14. 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 4 leasing of the Leased Area. Any change or modification hereof must be in writing signed by both parties. 15. 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. 16. Successors. This Lease shall run with the Property, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, and assigns. 17. 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. SIGNED this day of ,2009. IOWA CITY AIRPORT COMMISSION TENANT By: By: Janelle Rettig, Chairperson Larry E. Bell By: Sandra S. Bell Attest: Howard Horan, Secretary Approved by City Attorney's Office 5 COMMISSION ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this day of , 2009 , before me, , a Notary Public in and for the State of Iowa, personally appeared Janelle Rettig and Howard Horan, to me personally known, and, who, being by me duly sworn, did say that they are the Chairperson and Secretary, respectively, of the Iowa City Airport Commission; and by authority of said Commission, as contained in Resolution No. passed by said Commission on the day of May, 2009, that Janelle Rettig and Howard Horan acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said Commission, by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: TENANT'S ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY) This instrument was acknowledged before me on ,2009 by Larry E.Bell and Sandra S.Bell Notary Public in and for the State of Iowa My Commission expires: ; 1 - , « ,mak •, ` 1 t 4. k4, t �N -4,4SCJ 1*.* r t - f"�•F!y - - yX„ j g[I} 'tY.l. �wee' 44FY- • td.{} Q S t L x' + 'f 4 T4 �f - • 1 '!.'V iJ 2��aJ�}` "TT'`, '.dF a�' 8.-. _ f kr �� _ . '�YTiLE, LOUIS * : j, I ti { I�OWA -4111, "" . .. • : : ill al 11 !r' ' . r " i tr, • ''Yy A j 5• S ..I- 1 t of'..Y- , : ICJ}t'1A art 1 ,• s I {. . ' ,t' T. fr 'fit '::t „ ; Ul ' IOWA A. -4, - T s ,: Y 1':. ., w 4• t' 9 .. h�g+ ESTATE,JAVA hJ Ciii „` f • _ _. _ 44.6880 C,_. s... �_ ._a . 4. : s _, Vii' , . • .. • .:; :it. • • _ Y .. :„.. • • '''''"a"422 ,r-.... • . .g-- ' - ':was 31. ,,.;.. B E L'L, L. RR1?1 EJ z St x10-1:1"44-49$2$0 -1, r ¢ �S' . 'a 9 a h�! `j C # t ♦•• �x,�f^ x, ; r; 791,4-4r4; # # - ' Echlin+ J • • • • • Beginning at an iron pin found at the southwest comer of Lot 12,of Sand Lake Addition to the City of Iowa City,Iowa,according to the plat thereof recorded in Plat Book 10,Page 23,Nat Records of Johnson County, Iowa;thence N 00°37'11"E,along the west line of said Lot 12,95.00 feet,to an iron pin;thence S 77°54'11" E,133.98 feet,to a point on the northwesterly right-of-way line of relocated Gilbert Street thence southwesterly,69.31 feet,along said northwesterly right-of-way line,on a 1095.83 foot radius curve,concave southeasterly,whose 69.30 foot chord bears S 10°10'00"W,to an iron pin found on the south line of said Lot 12;thence N 89°22'49"W,119.81 feet,to the point of beginning,all in accordance with the recorded plat of said Sand Lake Addition and the Warranty Deed recorded in Book 568,at page 298,Deed Records of Johnson County,Iowa,subject to easements and restrictions of record,if any. Prepared by: Susan Dulek,Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST TO A GROUND LEASE LARRY E. BELL AND SANDRA S. BELL. WHEREAS, Larry E. Bell and Sandra S. Bell would like to enter into a lease to park vehicles on airport property north of 1565 S. Gilbert Drive; and WHEREAS, public hearing was held on the proposed lease on May 21, 2009; and WHEREAS, the lease of said space is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Chairperson is hereby authorized to sign and the Secretary to attest to the Ground Lease, a copy of which is attached and incorporated herein. Passed and approved this day of ACkdii , 2009. A RPER � CH O I S Apprgvved by ( — ATTE' �-� SECRETARY City Attorney's Office It was moved by /4'0, and seconded by J?Z, the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Farris ✓Gardinier Horan Rettig jG Staley Prepared by: Susan Dulek,Assistant City Attorney. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. /Q, -/G' RESOLUTION RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 18, 2009, REGARDING THE INTENT TO ENTER INTO A GROUND LEASE AGREEMENT WITH MERSCHMAN SEEDS, INC. WHEREAS, the City of Iowa City, the Iowa City Airport Commission, and Merschman Seeds, Inc. entered into a Lease for an accessway from Mormon Trek Blvd. and the centerline of the southern end of runway 18/36 at the Iowa City Airport ("Leased Premises") for the period of March 1, 2008 to February 28, 2010; and WHEREAS, Merschman wishes to extend the lease term by two years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Iowa City Airport Commission does hereby declare its intent to enter into the above- referenced amendment to the lease agreement. 2. A public hearing on said proposed amendment to the lease agreement should be and is hereby set for June 18, 2009 at 6:00 p.m. in the Terminal Building, Iowa City Airport, 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. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this n I day of M Ct5 , 2009. ti1, .Iii- CHA RPERSON Approved by ATTEST: "L'� �/� � S - ( R- - I SECRETARY City Attorney's Office Resolution No. • Page 2 It was moved by P./d and seconded by Si the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Farris Gardinier Horan Rettig Staley RESOLUTION NO. Roy- /1 RESOLUTION AUTHORIZING THE CHAIR TO ACCEPT FAA GRANTS FOR RUNWAY 7-25 RECONSTRUCT(PHASE 2)AND RUNWAY 12-30 RECONSTRUCT WHEREAS, the Iowa City Airport Commission has previously applied for Federal Aviation Administration aid in airport related projects; WHEREAS, the Federal Aviation Administration is expected to offer grant(s)to provide funding for the above stated projects; 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: 0 ,,,mc--- 1. The Chairperson�is authorizedsign and the Secretary to attest to acceptance of FAA grants related to the above mentioned projects.l Passed and approved this I"r day of '"t G 2009. I - R Approved By: CHAI ERS• .' ' ATTEST, ,7,/ze___�. S—- r - moi SECRETARY City Attorney's Office It was moved by Pir i > and seconded by J4 L the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris Gardinier ,/ Horan ,/ Rettig _/ _ Staley Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. /// ' A.-,; RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR THE RECONSTRUCT RUNWAY 7-25 (PHASE 2) AND RECONSTRUCT RUNWAY 12/30 PROJECT. WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $3,413,671.50 for construction of the above named project. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT: 1. The contract for the construction of the above named project is hereby awarded to _Metro Pavers, Inc._ subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements and that the Commission secure FAA grant funding. 2. 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 and subject to the Commission receiving financing. Passed and approved this ) t'% day of k , 2009. 't CHAI PERSON Approved by ATTEST: " ' ---‘:-`1 '72---(--7'2 SECRETARY City Attorney's Office It was moved by [6(1,-- and seconded by the Resolution be adopted, and upon roll call there were: Ayes Nays Absent v _ Farris Gardinier 1/ Horan 1/ Rettig L./ Staley Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr. Iowa City,IA 52246(319)350 5045 RESOLUTION NO. AO'7- / RESOLUTION APPROVING TASK ORDER NO. 3 WITH AECOM FOR ENGINEERING CONSTRUCTION SERVICES RELATING TO THE RUNWAY 7-25 AND RUNWAY 12-30 RECONSTRUCTION WHEREAS, the Iowa City Airport Commission entered into a contract entitled "Professional Services Agreement" with Earth Tech on December 11, 2008 to provide engineering services Federal Airport Improvement Program Projects; WHEREAS, Part I(A) of said agreement provides that the parties will enter into supplemental agreements for each project; WHEREAS, the Commission and AECOM have previously entered into Task Order Nos. 1 and 2; WHERAS, the Commission and AECOM now desire to enter into Task Order No. 3, a copy of which is attached;and WHEREAS, it is in the best interest of the Commission to enter into Task Order No. 3 NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. The Chairperson is authorized to sign Task Order No. 3 after concurrence with FAA. �l- Passed and approved this 3 t�- day of 2009. Approved By: CHA ERS• ATTEST: � � � S Q)5 SECRETARY City Attorney's Office It was moved by and seconded by 1 the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris Gardinier f/. Horan Rettig Staley Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. /9P4' Jif RESOLUTION APPROVING TASK ORDER NO. 4 WITH AECOM FOR ENGINEERING CONSTRUCTION SERVICES RELATING TO THE RUNWAY 12-30 RECONSTRUCTION WHEREAS, the Iowa City Airport Commission entered into a contract entitled "Professional Services Agreement"with Earth Tech on December 11, 2008 to provide engineering services for Federal Airport Improvement Program Projects; WHEREAS, Part I(A) of said agreement provides that the parties will enter into supplemental agreements for each project; WHEREAS,the Commission and AECOM have previously entered into Task Order Nos. 1-3; WHERAS, the Commission and AECOM now desire to enter into Task Order No. 4, a copy of which is attached;and WHEREAS, it is in the best interest of the Commission to enter into Task Order No. 4 NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. The Chairperson is authorized to sign Task Order No.4 after concurrence with FAA. Passed and approved this . day of Alk a y 2009. Approved By: CHAIAS ATTEST: G — SECRETARY City Attorney's Office It was moved by 119(Lr and seconded by 4rf-i S the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris Gardinier Horan Rettig Staley Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. /. •��'. /. RESOLUTION ACCEPTING THE WORK FOR THE SOUTH AIRFIELD PLANNING STUDY WHEREAS, the Airport Commission previously entered into supplemental agreement No. 4 with Earth Tech (presently AECOM) for the south airfield planning study'; and WHEREAS, the study has been approved by the FAA and is forwarded as complete by AECOM. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: Said study is hereby accepted by the Iowa City Airport Commission. Passed and approved this l+ day of N , 2009. CHAIR ERSO Approved by ATTC : /— 4^-c)5 SECRETARY City Attorney's Office - . It was moved by ' I 1 and seconded by 1 y1eNrc,t.,, the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris Horan X Gardinier Rettig Staley Prepared by: Susan Dulek,Assistant City Attorney, 410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. /oq — 16 RESOLUTION APPROVING AMENDMENTS TO GATE AGREEMENT AND ACCESS WAY LEASE WITH MERSCHMAN SEEDS, INC. AND REGENNITTER FARMS, INC. WHEREAS, the Iowa City Airport Commission ("Commission") contracts with Farmers National Company to manage agricultural land within the Iowa City Airport ("Airport"); WHEREAS, Farmers National Company has an agricultural lease with Regennitter Farms, Inc. ("leased airport land"), and Regennitter Farms, Inc., in turn, subleases a portion of the leased airport land to Merschman Seeds, Inc.; WHEREAS, the Commission, Regennitter Farms, Inc., and Merschman Seeds, Inc. have previously entered into two agreements, a two-year agreement in which Merschman Seeds, Inc. agreed to construct an access way from Morman Trek Blvd. and in which the Commission and the City of Iowa City leased the access way to Merschman Seeds, Inc. and an agreement in which Merschman Seeds, Inc. provided a gate to control access; and WHEREAS, Regennitter Farms, Inc. and Merschman Seeds, Inc. have requested an amendment to the access way lease to extend the term by two years and an amendment to the gate agreement to clarify the signage provisions, and it is in the best interest of the Commission to amend both agreements. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is hereby authorized to sign and the Secretary to attest to the attached Gate Agreement Amendment and Lease Amendment. Passed and approved this C' day of —775-k ti' , 2009. miit if.' i CHAIR ERSO( Approved by ATTEST A 'zc—'- 6 --(5-- SECRETARY City Attorney's Office It was moved by Si..(A1 and seconded by re, s the Resolution be adopted, and upon roll call there were: 1 AYES: NAYS: ABSENT: V Farris Gardinier Horan —�� Rettig _� Staley Prepared by: Susan Dulek,Asst.City Attorney,410 E.Washington St.,Iowa City,IA 52240(319)356-5030 • GATE AGREEMENT AMENDMENT THIS amendment is entered into between the Iowa City Airport Commission ("Commission") and Merschman Seeds, Inc. ("Merschman") in Iowa City, Iowa. WHEREAS, the Commission and Merschman entered into an Agreement for provision of a gate to control access from Mormon Trek Blvd. to the southern end of runway 18/36 at the Iowa City Airport("Leased Premises") for the period of March 1,2008 to February 28,2010; and WHEREAS, the parties wish to amend the agreement to clarify the sign provision. THEREFORE, the Commission and Merschman mutually agree to amend the Agreement as follows: • Paragraph 4 is deleted in its entirety and the following new Paragraph 4 is substituted in lieu thereof: 4. Signs. Merschman shall be permitted to install test plot signage on the leased premises without the approval of the Commission so long as such signs are within FAA requirements and regulations. During events described in Paragraph 2 above, Merschman shall be permitted to place a promotional banner on the Airport fence. Merschman shall remove all signs upon the termination of its access way lease. • A new Paragraph 11 is added as follows: 14. Term. This agreement shall terminate upon termination of its accessway lease. • All other terms remain in full force and effect. IOWA CITY AIRPORT COMMISSION By: "fes` !A. oiso, Janette Rettig, hairperson / Date AI lES 1 / G l t---oc Howard Horan, Secretary Date MERSCHMAN SEEDS, INC. By Date REGENNITTER FARMS, INC. By Date MERSCHMAN ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: COUNTY ) This instrument was acknowledged before me on , 2009 by (name of person) as (type of authority, e.g, officer, trustee, etc.) of Merschman Seeds, Inc. Notary Public in and for the State of Iowa REGENNI I IER ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: COUNTY ) This instrument was acknowledged before me on , 2008 by (name of person) as (type of authority, e.g, officer, trustee, etc.) of Regennitter Farms, Inc. Notary Public in and for the State of Iowa ApproBy s)a> c ` t Iffric City Attorney's Office 2 Prepared by: Susan Dulek,Asst.City Attorney,410 E.Washington St.,Iowa City,IA 52240(319)356-5030 LEASE AMENDMENT - THIS lease amendment is entered into among the City of Iowa City("City"), the Iowa City Airport Commission("Commission"), and Merschman Seeds, Inc. ("Merschman") in Iowa City, Iowa. WHEREAS, the City, the Commission, and Merschman entered into a Lease for an accessway from Mormon Trek Blvd. to the southern end of runway 18/36 at the Iowa City Airport ("Leased Premises") for the period of March 1,2008 to February 28,2010; and WHEREAS, Merschman wishes to extend the lease term for two additional years. THEREFORE, the parties mutually agree to amend the Agreement as follows: • The first sentence in Paragraph 2 entitled "Term" is deleted in its entirety and the following new sentence is substituted in lieu thereof: The term of this lease shall be from March 1, 2008 to February 28, 2012. • A new Paragraph 14 is added as follows: 14. No Smoking. Smoking is prohibited in the Leased Area. • All other terms remain in full force and effect. CITY OF IOWA CITY By: Regenia D. Bailey, Mayor Date ATTEST: Marian K. Karr, City Clerk Date IOWA CITY AIRPORT COMMISSION 61w- 10 By: ti . ,. - __ Janelle Rettig, I' airperson Date • AIIES1. Howard Horan, Secretary Date MERSCHMAN SEEDS, INC. By Date REGENNITTER FARMS, INC. By Date COMMISSION ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY) On this day of ,2009 , before me, , a Notary Public in and for the State of Iowa, personally appeared Janelle Rettig and Howard Horan, to me personally known, and, who, being by me duly sworn, did say that they are the Chairperson and Secretary, respectively, of the Iowa City Airport Commission; and by authority of said Commission, as contained in Resolution No. passed by said Commission on the day of May,2009, that Janelle Rettig and Howard Horan acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said Commission, by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: • 2 • CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this day of , 2009, before me, , a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. passed by the City Council on the day of , 2009, and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: MERSCHMAN ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: COUNTY ) This instrument was acknowledged before me on , 2009 by (name of person) as (type of authority, e.g, officer, trustee, etc.) of Merschman Seeds, Inc. Notary Public in and for the State of Iowa 3 REGENNITTER ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: COUNTY ) This instrument was acknowledged before me on , 2009 by _ (name of person) as (type of authority, e.g, officer, trustee, etc.) of Regennitter Farms, Inc. Notary Public in and for the State of Iowa Approved By: I s (c- City Attorney's Office • 4 Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. 1109- /1 RESOLUTION ACCEPTING THE WORK FOR THE RUNWAY RECONSTRUCTION (PHASE 1) PROJECT WHEREAS, the Commission's consultant for the Runway 7-25 Reconstruction (Phase 1). AECOM Inc., has recommended that the work on grading associated with the Runway 7 extension, by Metro Pavers Inc., be accepted as complete. WHEREAS, the final contract price is $1,468,010.83 which is established from the original contract cost of $1,247,512.40 plus $202,336.30 from Change Order #1 (Add Alternate), and $18,162.13 from change orders Nos. 2, 3, 4 and 5. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: Said improvements are hereby accepted by the Iowa City Airport Commission. Passed and approved this day of , 2009. 1Q-11° CHAIR ERSON ' Approved by ATTES SECRETARY City Attorney's Office It was moved by _r/t,/ and seconded by ir--Lit,7 the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris - _ Horan Gardinier Rettig Staley Prepared by: Susan Dulek, Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 1/ 2 / RESOLUTION AUTHORIZING THE COMMISSION CHAIRPERSON TO APPROVE CHANGE ORDER NOT TO EXCEED A SPECIFIED DOLLAR AMOUNT OR PERCENTAGE OF THE CONTRACT PRICE. WHEREAS, the Commission Chairperson should be authorized to approve change orders to contracts not to exceed a specified dollar amount or percentage of the contract price. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is hereby authorized to initiate and execute, without Commission approval, change orders up to 5% in total of the contract price or $50,000 in total per contract, whichever is less. Passed and approved thisV-Cn C day of , 2009. IQ. CHAIRPERSON Approved by ATTEST cc SECRETARY City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call these were: AYES: NAYS: ABSENT: Ferris Gardinier Horan Rettig �/ Staley Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. 4C f RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT AMENDMENT FOR THE RECONSTRUCT RUNWAY 7-25 (PHASE 2) AND RECONSTRUCT RUNWAY 12/30 PROJECT. WHEREAS, the Iowa City Airport Commission has previously entered into a contract with Metro Pavers, Inc. to provide for construction services for the reconstruct Runway 7-25 (Phase 2) and Reconstruct Runway Project; WHEREAS, said contract has previously been amended; WHEREAS, said contract includes a provision that prohibits the intersection from being closed on certain dates; WHEREAS, Metro Pavers, Inc. has provided a schedule for the reconstruction which includes work during one of the non-closure dates for intersection work; and WHEREAS, the Iowa City Airport Commission wishes to amend the contract to change the dates during which the intersection cannot be closed. 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 second amendment to the contract to provide that the intersection may not be closed from July 24, 2009 to August 2, 2009. Passed and approved this I C� day of ,.T�, , 2009. II. CHAT PER.0, Approved by ATTEST: _S ^a ECRETARY City Attorney's Office It was moved by G{ (f_ci and seconded by the Resolution be adopted, and upon roll call therd were: Ayes Nays Absent Farris /J Gardinier Horan Rettig Staley Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. lie'', u' ' RESOLUTION ACCEPTING THE WORK FOR THE REHABILITATION OF THE 2008 PAVEMENT REHABILITATION (NORTH TAXILANES) WHEREAS, the Commission's consultant for the 2008 Pavement Rehabilitation (North Taxilanes, AECOM., has recommended that the work on the installation of concrete floors by Vieth Construction Company be accepted; and WHEREAS, the final contract price is $164,207.79, which includes the original contract amount of $163,726.00 from the original contract and $481.79 from change order #1 is the approved amount. 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 day of , 2009. !X.; CHAIRPER; Approved by ATTES7 `/ '� �►�e�i- .SU ( SECRETARY City Attorney's Office It was moved by ti-a!,r and seconded by Ga�G ,h,k ,— the Resolution be adopted, and upon roll call there were: Ayes Nays Absent ✓ Farris Gardinier ✓ Horan } ettig c.�` Staley Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. Noi7. ,Z/ RESOLUTION ACCEPTING IOWA DEPARTMENT OF TRANSPORTATION GRANT 9I10010W 100. WHEREAS, the Iowa City Airport Commission has previously applied for Iowa Department of Aviation grants for a pavement rehabilitation and drainage improvements; and WHEREAS, it is in the best interest of the Iowa City Airport Commission to accept this grant. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. The Chairperson is authorized sign and the Secretary to attest to acceptance of Iowa DOT Grant 9110010W100. Passed and approved this day of41.5.4cri____2009. Approved By: CHAI P S ATTEST: SECRETARY City Attorney's Office It was moved by and seconded bythe Resolution be adopted, and upon roll call there were: Ayes Nays Absent ✓ Farris Gardinier Horan Rettig Staley Prepared by: Susan Dulek,Ass't. City Attorney,410 E.Washington St., Iowa City IA 52240 319-356-5030 RESOLUTION NO. ROY- RESOLUTION RESCINDING RESOLUTION NO. A9-20 AND ACCEPTING THE WORK FOR THE REHABILITATION OF THE 2008 PAVEMENT REHABILITATION PROJECT (NORTH TAXILANES). WHEREAS, upon recommendation by AECOM, the Commission's consultant, that the work on the installation of concrete floors by Vieth Construction Company be accepted, the Commission previously accepted the work in Resolution No. A9-20 for the 2008 Pavement Rehabilitation Project (North Taxilanes); WHEREAS, Resolution No. A9-20 stated that the final contract price was $164,207.79, which includes the original contract amount of $163,726.00 from the original contract and $481.79 from change order#1; WHEREAS, change order #1 was actually $1,627.04 making the final contract price $165,353.04. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: 1. Said improvements are hereby accepted by the Iowa City Airport Commission. 2. Resolution No. A9-20 is rescinded. Passed and approved this — day of A'M 61 , 2009. CHAIRPE SON Approved b ATTEST: / G -" SECRETARY City Attorney's Office It was moved by and seconded by b'� • the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris Gardinier Horan Rettig ✓ Staley I ` RESOLUTION NO. /d Oq -23 RESOLUTION AUTHORIZING THE CHAIRPERSON TO EXECUTE AND THE SECRETARY TO ATTEST TO A CONSULTANT AGREEMENT BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY,IOWA,AND STANLEY CONSULTANTS FOR SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN. WHEREAS,federal regulations at 40 CFR 112 require facilities that store more than 1,320 gallons of oil to prepare and implement a Spill Prevention Control and Countermeasure(SPCC) Plan; and WHEREAS, the Iowa City Municipal Airport exceeds this threshold of oil storage; and WHEREAS, Consultant previously prepared an SPCC Plan to address the airport; and WHEREAS,there have been changes in the potential for the airport to discharge oil; and WHEREAS, federal SPCC regulations require SPCC Plan revisions and certification by a licensed professional engineer when oil discharge potential changes.. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: That the Chairperson is directed and authorized to execute and the Secretary to attest to the attached consultant agreement It was moved by dz.`'"' and seconded by /4-,--A-- the Resolution be adopted, and upon roll call there were: Ayes Nays Absent farris / Gardinier 4. v Horan Rettig it Staley Passed and approved this 9 f 7 - O5 // � Approved By: CHAIPS�N/ ATTEST: �/ c.` " -_" S 'r 'r-oc ECRETARY City Attorney's Office CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this t -Ark day of CTvt l 20427 , by and between the City of Iowa City, a municipal corporati6n, hereinafter referred to as the City and Stanley Consultants, Inc. of Coralville, Iowa, hereinafter referred to as the Consultant. WHEREAS, federal regulations at 40 CFR 112 require facilities that store more than 1,320 gallons of oil to prepare and implement a Spill Prevention Control and Countermeasure(SPCC) Plan; and WHEREAS, the Iowa City Municipal Airport exceeds this threshold of oil storage; and WHEREAS, Consultant previously prepared an SPCC Plan to address the airport; and WHEREAS,there have been changes in the potential for the airport to discharge oil; and WHEREAS,federal SPCC regulations require SPCC Plan revisions and certification by a licensed professional engineer when oil discharge potential changes. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner Revise the existing October 2003 SPCC Plan for the Iowa City Municipal Airport based on the changes in oil storage and management noted during the site visit conducted on July 15, 2009. In addition, the SPCC Plan will be revised to address SPCC regulatory changes that have occurred since the Plan was finalized. A draft revised SPCC Plan will be provided to the City for review and the SPCC Plan will be finalized based on the City's comments. The final SPCC Plan will be signed and certified by a licensed Professional Engineer in accordance with federal requirements. Up to five hard copies of the final certified SPCC Plan will be provided to the City II. TIME OF COMPLETION The Consultant shall complete the Project in accordance with the schedule shown below. Draft revised SPCC Plan to be provided to the City for review within four weeks of notice to proceed from City;final certified SPCC Plan copies to be provided to the City within two weeks of receiving City's comments on the draft SPCC Plan_ III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2- 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state,federal, or local law or any of the ordinances of the City of Iowa City, Iowa G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance, H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. • -3- L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use.. M Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES For all services noted in Section 1, City shall pay Consultant on a time and materials basis in accordance with the attached rate schedule, not-to-exceed$3,500 without prior authorization from City. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CIV FO- THE CO ULT J� BY: , Title: A•rOCA Ca,.,r,. Cha; to Title: /Lt : Cl 0,1=1 Date: / 77 D f Date: "7/1 7/07 ATTEST: Approved by: City Attorney's Office — l } -0 Date pwtrmsbonsagmtmm RESOLUTION NO. //Of f— ,,41 RESOLUTION AUTHORIZING THE CHAIRPERSON TO EXECUTE AND THE SECRETARY TO ATTEST TO A CORPORATE HANGAR LEASE BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY,IOWA,AND KEITH ROOF D/B/A IOWA CITY AIRCRAFT REPAIR. WHEREAS,the Airport Commission of the City of Iowa City has negotiated a lease for Corporate hangar No. 32, located in Building G at the Iowa City Municipal Airport; and WHEREAS,the Commission finds the proposed lease to be proper and in the best interest of the Iowa City Municipal Airport; and, WHEREAS,the term of the lease shall be from October 1,2009 through September 30,2012. NOW,THEREFORE,BE IT RESOLVED BY'f THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That the proposed hangar lease for Corporate Hangar No. 32 is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to the corporate hangar lease between the Airport Commission and Iowa City Aircraft Repair. It was moved bye re v--4 and seconded by S (e_7 the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Farris —IIartvig Com✓); e - ✓ Horan Rettig 4/ Staley Passed and approved this L 54- ¶j b °Ct. O b Cl Approved By: CHA E' :e' / ATTEST7'. ` ' r 0— roc SECRETARY City Attorney's Office CORPORATE HANGAR LEASE This T-HANGAR LEASE ("Lease") entered into by and between the Iowa City Airport Commission ("Commission") and Keith Roof d/b/a Iowa City Aircraft Repair ("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 # 32 (the "Hangar Space") located at the Iowa City Municipal Airport (the "Airport") and described as follows: Building G, Corporate Hangar, with a 48' Bi-Fold Door and attached office space. The Hangar Space shall be used and occupied by Tenant principally for the storage or construction of the following aircraft: Aircraft Make & Model Aircraft Registration Number Aircraft Registered Owner Name Registered Owner Home and Business Telephone Numbers Tenant shall promptly notify the Commission in writing of any change in the information furnished above. Tenant may request permission to store a substitute aircraft in the Hangar Space by making a written request to the Commission. In the event Tenant is permitted to store a substitute aircraft in the Hangar Space, all provisions of this Lease applicable to the Aircraft shall also be applicable to the substitute aircraft. If the Tenant sells the aircraft listed above and does not acquire replacement aircraft within ninety (90) days thereof, Tenant shall immediately notify the Commission, and this Lease shall be terminated. 2. Term. The term of this Lease shall commence on October 1, 2009, and shall end on the last day of the month of September, 2012. Tenant agrees to notify the Commission 45-days prior to the expiration of the existing term in order to facilitate the Commission in locating another tenant. 3. Rent. For use of the Hangar Space, Tenant shall pay the Commission the amount of $ 615 per month, payable in advance on the first day of each month. A 1.5% late fee (which is $ 9.23 per day) for rent not received by the Commission will be charged after the fifteenth (15) day of each month. 2 4. Security Deposit. At the time of execution of this Lease, Tenant shall pay to the Commission in trust the sum of one month's rent to be held as a rental deposit. At the termination of the Lease, the Commission shall return the deposit to the Tenant less any amounts due to repair damage, conduct cleanup or owed to the Commission. If the Tenant renews the lease each year, the deposit will be held over for the next year. 5. Use of the Hangar Space. a. The Hangar Space shall be used primarily for storage or construction of the Aircraft consistent with FAR and the Minimum Standards. This provision is not to be construed as a prohibition for storage of maintenance materials, cleaning materials, tools, parts, spares, and other aircraft components. b. Tenant may park his/her car in the Hangar Space during such time that Tenant is using the Aircraft. c. No commercial activity of any kind shall be conducted by Tenant in, from or around the Hangar Space. d. No maintenance, including painting, on the Aircraft shall be performed in the Hangar Space or anywhere on the Airport without the prior written approval of the Commission, except such maintenance as performed by the Tenant on his or her own aircraft as permitted by the FAA. Tenant shall take steps to ensure that the performance of such maintenance work shall not damage the Hangar Space or the Airport where the work is performed or emit offensive odors. e. Tenant shall be responsible and liable for the conduct of its employees and invitees, and of those doing business with it, in and around the Hangar Space. Tenant shall keep the Hangar Space clean and free of debris at all times. f. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply with all applicable ordinances, rules, and regulations established by any federal, state or local government agency. g. Tenant shall dispose of used oil only in approved receptacles. h. At no time shall Tenant start or run his/her Aircraft engine(s)within the Hangar or Hangar Space. j. On the termination of this Lease, by expiration or otherwise, Tenant shall immediately surrender possession of the Hangar Space and shall remove, at its sole expense, the Aircraft and all other property therefrom, leaving the Hangar Space in the same condition as when received, ordinary wear and tear excepted. k. Tenant shall be liable for any and all damage to the Hangar or to the Hangar Space caused by Tenant's use, including, but not limited to, bent or broken interior walls, damage due to fuel spillage, or damage to doors due to Tenant's improper or negligent operation. 6. Rights and Obligations of Tenant. a. Tenant shall have at all times the right of ingress to and egress from the Hangar Space, except as provided in Paragraph 12. To ensure this right, the 3 Commission shall make all reasonable efforts to keep adjacent areas to the Hangar Space free and clear of all hazards and obstructions, natural or manmade. b. Tenant shall be responsible to maintain the interior of the Hangar Space to include janitorial services, maintaining all interior lights, cleaning of stoppages in plumbing fixtures and drain lines, cleaning of snow within two (2) feet of the apron adjoining the Hangar Space, disposing of any debris or waste materials, and maintaining any Tenant constructed structures and equipment. The Commission shall be the sole judge of the due maintenance undertaken by the Tenant, and may upon written notice, require specific maintenance work to be completed. If such maintenance is not completed within a reasonable time period, the Commission shall have the right to perform such due maintenance, and Tenant shall reimburse the Commission for the cost of such maintenance upon presentation of a billing. c. Tenant shall provide and maintain hand fire extinguisher for the interior of the Hangar Space of the building in accordance with applicable safety codes. d. Tenant shall not store any materials outside the Hangar Space. e. Tenant shall promptly notify the Commission, in writing, of any repairs needed on the Hangar or to the Hangar Space. 7. Rights and Obligations of the Commission. a. The Commission shall at all times operate and maintain the Airport as a public airport consistent with and pursuant to the Sponsor's Assurances given by Authority to the United States Government under the Federal Airport Act. b. The Commission shall not unreasonably interfere with the Tenant's use and enjoyment of the Hangar Space. c. The Commission shall maintain and keep the Hangar and Hangar Space in good repair except for the maintenance obligations of Tenant set forth in the Lease. In no event, however, shall the Commission be required to maintain or repair damage caused by the negligent or willful act of Tenant, its agents, servants, invitees, or customer. However, if due to any negligent or willful act by the Tenant, its agents, servants, invitees or customer, there is a need for maintenance or repair of damage, then Tenant shall so such maintenance or repair in a prompt, reasonable manner, as approved by the Commission. d. Snow shall be removed from in front of Hangar Space to within at least two (2) feet of the Hangar. Snow removal closer than two (2) feet is the responsibility of the Tenant. e. The Commission shall ensure appropriate grounds keeping is performed year round. 8. Sublease/Assignment. Tenant shall not sublease the Hangar Space or assign this Lease without the prior written approval of the Commission. 9. Condition of Premises. 4 Tenant shall accept the Hangar Space in its present condition without any liability or obligation on the part of the Commission to make any alterations, improvements or repairs of any kind on or about said Hangar Space. 10. Alterations. Tenant shall not install any fixtures or make any alterations, additions or improvements to the Hangar Space without the prior written approval of the Commission. All fixtures installed or additions and improvements made to the Hangar Space shall, upon completion of such additions and improvements, become Commission property and shall remain in the Hangar Space at the expiration or termination of this Lease, however terminated, without compensation or payment to Tenant. Fixtures include, but are not limited to, locks, brackets for window coverings, plumping, light fixtures, luminaries, and any item permanently attached to the wall, floor, or ceiling of the Hangar Space by means of cement, plaster, glue, nails, bolts, or screws. 11. Hazardous Materials. a. With the exception of Paragraph 11c below, no "hazardous substance," as defined in Iowa Code section 4556.411 (2009), 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.Iegis.state.ia.us/IACODE . The. U.S. Code can be found online at www.findlaw.com/casecode/uscodes/index.html Federal regulations can be found online at http://www.access.gpo.gov/nara/cfr/cfr-table- search.html. ) Petroleum products and their byproducts for personal use may be stored or present in the Hangar Space if said substances are contained in approved containers. b. With the exception of Paragraph 11c below, Tenant shall handle, use, store and dispose of fuel petroleum products, and all other non-"hazardous substances" owned or used by it on the Airport in accordance with all applicable federal, state, local and airport statutes, regulations, rules and ordinances. No waste or disposable materials shall be released on the ground or in the storm sewers. Should such materials be spilled or escape from storage or in any way contaminate the Airport or property adjacent to the Airport through activities of the Tenant, the Tenant shall be responsible for the clean up, containment and otherwise abatement of such contamination at Tenant's sole cost and expense. Further, Tenant shall notify the Commission and appropriate governmental 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: • 1 case of engine oil • 2 1/2 gallons gasoline for motorized tugs (but no aviation fuel or gasoline in drums) • 1 gallon of cleaning solvents 12. 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 5 altered by the Commission in writing. Tenants failure to comply with the altered procedure is a default of this Lease, and the Commission may proceed to terminate this Lease. 13. Airport Rules and Regulations. Tenant agrees to be subject to Airport rules and regulations upon adoption by the Commission or provide 30-days notice to terminate this Lease. Commission shall provide Tenant with a copy of said rules and regulations 30-days prior to their effective date. 14. Access and Inspection. The Commission has the right to enter and inspect the Hangar Space at any reasonable time during the term of this Lease upon at least 24 hours notice to the Tenant for any purpose necessary, incidental to or connected with the performance of its obligations under the Lease or in the exercise of its governmental functions. In the case of an emergency, the Commission may enter the Hangar Space without prior notice but will provide notice to the Tenant after the fact. The Commission shall not, during the course of any such inspection, unreasonably interfere with the Tenant's use and enjoyment of the Hangar Space. At a minimum, the Hangar Space will be inspected annually. Upon execution of this Lease, 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. 15. Insurance. a. Tenant shall at its own expense procure and maintain general liability and casualty insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage Comprehensive General (or Premises) Liability - Each Occurrence $1,000,000 b. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Commission and the City of Iowa City, as additional insured. The Commission and Tenant acknowledge that a Certificate of Insurance is attached to this Lease. Tenant shall provide fifteen (15) days notice to the Commission before cancellation of said insurance. 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. 16. Casualty. In the event the Hangar or Hangar Space, or the means of access thereto, shall be damaged by fire or any other cause, the rent payable hereunder shall not abate provided that the Hangar Space is not rendered untenantable by such damage. If the Hangar Space is rendered untenantable and Commission elects to repair the Hangar or Hangar Space, the rent shall abate for the period during which such repairs are being 6 made, provided the damage was not caused by the acts or omissions of Tenant, its employees, agent or invitees, in which case the rent shall not abate. If the Hangar or Hangar Space is rendered untenantable and Commission elects not to repair the Hangar or Hangar Space, this Lease shall terminate. 17. Indemnity. Tenant agrees to release, indemnify and hold the Commission, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the Commission by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non- performance by Tenant or its servants, employees or agents of any covenant or condition of the Lease or by any act or failure to act of those persons. The Commission shall not be liable for its failure to perform this Lease or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Commission's control. 18. Disclaimer of Liability. The Commission hereby disclaims, and Tenant hereby releases the Commission from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the Aircraft or other property of Tenant that may be located or stored in the Hangar Space, unless such loss, damage or injury is caused by the Commission's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Commission be liable for indirect consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Hangar Space under this Lease. 19. Attorney Fees. If the Commission files an action in district court to enforce its rights under this Lease and if judgment is entered against the Tenant, Tenant shall be liable to and shall pay for the Commission's attorney fees incurred in enforcing the Lease and in obtaining the judgment. 20. 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 7 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. 21. Security. Tenant acknowledges that the FAA or another governmental entity or subdivision may enact laws or regulations regarding security at general aviation airports such that the Commission may not be able to comply fully with its obligations under this Lease, and Tenant agrees that the Commission shall not be liable for any damages to Tenant that may result from said non-compliance. 22. Thirty (30) Days Termination. Either party to this Lease shall have the right, with cause, to terminate this Lease by giving thirty (30) days' prior written notice to the other party. 23. Non-Discrimination. Tenant shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 24. FAA Provisions. a. Tenant, for itself, heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. b. Tenant, for itself, personal representatives, successors in interest, and assigned, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the • 8 furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that Tenant, shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. c. It in understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. This Lease shall be subordinate to the provisions of any outstanding or future agreement between the Commission and the United States government or the Commission and the State of Iowa relative to the maintenance, operation, or development of the Iowa City Municipal Airport. Tenant.acknowledges and agrees that the rights granted to Tenant in this Lease will not be exercised so as to interfere with or adversely affect the use, operation, maintenance or development of the Airport d. Tenant agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Tenant may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. e. The Commission reserves the right (but shall not be obligated to Tenant) to maintain and in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of Tenant in this regard. f. The Commission reserves the right further to develop or improve the landing area and all publicly-owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of Tenant, and without interferences or hindrance. g. The Commission reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstructions, together with the right to prevent Tenant from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of the Commission would limit the usefulness of the airport or constitute a hazard to aircraft. h. During time of war or national emergency, the Commission shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly-owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport. j. There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the 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 9 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 c. by sending said Notice by certified or registered mail, return receipt requested, to the last known address. Notices shall be deemed to have been received on the date-of receipt as shown on the return receipt. (1) If to the Commission, addressed to: Iowa City Airport Commission Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 (2) If to Tenant, addressed to: Email: 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. • 10 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 CI Y AIRPORT COMMISSION By: t� Title: CAA 1 Date: 10//5-,10? TENANT: By: Title: Date: Approved: City Attorney's Office T Hangar Lease 9-05 r Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr. Iowa City,IA 52246(319)350 5045 RESOLUTION NO. /409- 25 RESOLUTION APPROVING COMMERCIAL OPERATING AGREEMENT WITH KEITH ROOF DOING BUSINESS AS IOWA CITY AIRCRAFT REPAIR. WHEREAS, Kieth Roof desires to operate and aircraft maintenance shop at the Iowa City Municipal Airport; and WHEREAS,the Commission finds the proposed agreement to be proper and in the best interest of the Iowa City Municipal Airport. NOW,THEREFORE,BE IT RESOLVED BYU THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That the proposed commercial business agreement is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to the agreement. Passed and approved this IC day of °C.-1011r it 2009. ✓/ Approved By: CHAI ERSO► ATTEST: 727 1d S SECRETARY City Attorney's Office It was moved by Ge-i,f and seconded by �Sc, le ci the Resolution be adopted, and upon roll call there were: Ayes Nays Absent c� Farris r- Gardinier Horan g Staley I- COMMERCIAL AERONAUTICAL ACTIVITIES AGREEMENT THIS AGREEMENT is made and entered into by and between the Iowa City Airport Commission (Commission) and Keith Roof d/b/a Iowa City Aircraft Repair (Root) in Iowa City, Iowa. WHEREAS, the Commission is authorized to manage and operate the Iowa City Municipal Airport (Airport); WHEREAS, Roof would like to offer aircraft maintenance at the Airport; and NOW THEREFORE, it is hereby understood and agreed between the Commission and Roof that: 1. Term. The term of this Lease shall commence on October 1, 2009, and shall end on the last day of the month of September, 2012. 2. Termination. Either party may terminate this agreement without cause upon thirty(30) days written notice or as mutually agreed. 3. Scope of Services. ROOF shall provide aircraft maintenance as described in the Iowa City Municipal Airport Minimum Standards for Commercial Aeronautical Activities. 4. Fee. For operation of a commercial business on the airport grounds, ROOF shall pay the Commission the amount of$200 per month due on the first day of the month. A 1.5% late fee ($3.00 per day) for payments not received by the Commission will be charged after the fifteenth (15"') day of each month. 5. Nondiscrimination. ROOF for itself, its heirs, personal representatives, and successors in interest, as a part of the consideration hereof, does hereby covenant and agree that ROOF shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Program of the Department of Transportation, and as said regulations may be amended. ROOF 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. 6. Landing Area- General Aviation Provisions The Commission reserves the right, but shall not be obligated to ROOF to maintain and keep in repair the landing area of the Airport and all the publicly owned facilities of the Airport, together with the right to direct and control all activities of ROOF in this regard. The Commission reserves the right to further develop or improve the landing area and all publicly owned air navigation facilities of the Airport as it sees fit, regardless of the desires or views of ROOF and without interference or hindrance. The Commission reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions, together with the right to prevent ROOF from erecting, or permitting to be erected, any building or other structure on the Airport. The Commission shall have the right to enter into an agreement with the United States Government or the State of Iowa for military aircraft or naval use of part or all of the landing areas, the publicly owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provision of the agreement with the government, shall be suspended. 7. Insurance. ROOF shall at its own expense procure and maintain general liability and casualty insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage Comprehensive General (or Premises) Liability- Each Occurrence $1,000,000 Aggregate $2,000,000 ROOF's insurance carrier shall be A rated or better by A.M. Best. ROOF shall name the Commission and the City of Iowa City, as additional insured. The Commission and ROOF acknowledge that a Certificate of Insurance is attached to this agreement. Said certification shall provide for thirty (30) days notice of any material change or cancellation of the policy. b. It is ROOF's responsibility to keep the insurance certificate current. If the Certificate of Insurance expires during the term of the agreement, ROOF must provide a current certificate to the Commission within seven (7) days of when the Certificate expires. c. ROOF shall provide its employees with workers compensation coverage as required by Iowa law. 2 8. Indemnification. ROOF agrees to release, indemnify and hold the Commission and the City of Iowa City, 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 or the City of Iowa City 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 ROOF or its servants, employees or agents of any covenant or condition of the agreement or by any act or failure to act of those persons. The Commission and the City of Iowa City shall not be liable for its failure to perform this agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Commission's control. 9. Disclaimer of Liability. The Commission hereby disclaims, and ROOF hereby releases the Commission and the City of Iowa City 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 ROOF, its employees, agents or invitees during the term of this agreement, including, but not limited to, loss, damage or injury to the Aircraft or other property of ROOF that may be located or stored at the Airport, unless such loss, damage or injury is caused by the Commission's or the City of Iowa City's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Commission or the City of Iowa City 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 this agreement. 10. FAA. This Agreement shall be subordinate to the provisions of any existing or future agreement between the Commission and the United States relative to the operation or maintenance of the Airport, the execution of which has been, or may be, required as a condition precedent to the expenditure of federal funds for the development of said Airport. IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures this day of 2009. 3 IOWA CITY AIRPORT COMMISSION KEITH ROOF D/B/A IOWA CITY AIRCRAFT REPAIR BY BY Janelle Rettig, Chairperson Keith Roof, Owner Date Date Approved by: Date to-g oS City Attorney's Office 4 Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr. Iowa City,IA 52246(319)350 5045 RESOLUTION NO. ,}0q —� 6 RESOLUTION APPROVING COMMERCIAL OPERATING AGREEMENT WITH WHIRLYBIRD HELICOPTERS. WHEREAS, Whirlybird Helicopters desires to operate a flight instruction school at the Iowa City Municipal Airport; and WHEREAS,the Commission finds the proposed agreement to be proper and in the best interest of the Iowa City Municipal Airport. NOW,THEREFORE,BE IT RESOLVED BYU THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That the proposed commercial business agreement is hereby approved. r �� J fAQpn L Gk tr �Vt)e(„ te5t54. re+ w rt-Ea �k c,9e-t 2. (That the Chairp'erson is directed and authorized to execute and the Secretary to attest to the agreement. Passed and approved this l^ day of °C+A L°v 2009. rd/ Approved By: CHAIRP RSON� ATTEST: teirdet""fr""""'"--- F1/45:ELL -cb e c)S SECRETARY City Attorney's Office It was moved by ic.,(//) and seconded by 47/-6. r— the Resolution be adopted, and upon roll call there were: Ayes Nays Absent t/ Farris Gardinier ,/ Horan Rettig Staley COMMERCIAL AERONAUTICAL ACTIVITIES AGREEMENT THIS AGREEMENT is made and entered into by and between the Iowa City Airport Commission (Commission) and Whirlybird Helicopters. (Whirlybird) in Iowa City, Iowa. WHEREAS, the Commission is authorized to manage and operate the Iowa City Municipal Airport (Airport); WHEREAS, Whirlybird Helicopters would like to offer flight training at the Airport; and NOW THEREFORE, it is hereby understood and agreed between the Commission and Whirlybird that: 1. Term. The term of this Agreement shall be from the date of execution until December 31, 2011. 2. Termination. Either party may terminate this agreement without cause upon thirty(30) days written notice or as mutually agreed. 3. Scope of Services. WHIRLYBIRD shall provide flight instruction as described in the Iowa City Municipal Airport Minimum Standards for Commercial Aeronautical Activities. 4. Fee. For operation of a commercial business on the airport grounds, Whirlybird shall pay the Commission the amount of$100 per month due on the first day of the month. A 1.5% late fee ($1.50 per day) for payments not received by the Commission will be charged after the fifteenth(15`h) day of each month. 5. Sublease of Space. WHIRLYBIRD has entered into a sublease with Jet Air, Inc., which the Airport Commission has approved, that satisfies the hangar and office space requirements of the Iowa City Airport Minimum Standards. 6. Nondiscrimination. WHIRLYBIRD for itself; its heirs, personal representatives, and successors in interest, as a part of the consideration hereof, does hereby covenant and agree that WHIRLYBIRD shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Program of the Department of Transportation, and as said regulations may be amended. WHIRLYBIRD shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 7. Landing Area - General Aviation Provisions The Commission reserves the right, but shall not be obligated to WHIRLYBIRD to maintain and keep in repair the landing area of the Airport and all the publicly owned facilities of the Airport, together with the right to direct and control all activities of WHIRLYBIRD in this regard. The Commission reserves the right to further develop or improve the landing area and all publicly owned air navigation facilities of the Airport as it sees fit, regardless of the desires or views of WHIRLYBIRD and without interference or hindrance. The Commission reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions, together with the right to prevent WHIRLYBIRD from erecting, or permitting to be erected, any building or other structure on the Airport. The Commission shall have the right to enter into an agreement with the United States Government or the State of Iowa for military aircraft or naval use of part or all of the landing areas, the publicly owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provision of the agreement with the government, shall be suspended. 8. Insurance. ITF shall at its own expense procure and maintain general liability and casualty insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage Comprehensive General (or Premises) Liability- Each Occurrence$1,000,000 Aggregate$2,000,000 WHIRLYBIRD's insurance carrier shall be A rated or better by A.M. Best. WHIRLYBIRD shall name the Commission and the City of Iowa City, as additional insured. The Commission and WHIRLYBIRD acknowledge that a Certificate of Insurance is attached to this agreement. Said certification shall provide for thirty (30) days notice of any material change or cancellation of the policy. b. It is WHIRLYBIRD's responsibility to keep the insurance certificate current. If the Certificate of Insurance expires during the term of the agreement, 2 WHIRLYBIRD must provide a current certificate to the Commission within seven (7) days of when the Certificate expires. c. WHIRLYBIRD shall provide its employees with workers compensation coverage as required by Iowa law. 9. Indemnification. WHIRLYBIRD agrees to release, indemnify and hold the Commission and the City of Iowa City, 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 or the City of Iowa City 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 WHIRLYBIRD or its servants, employees or agents of any covenant or condition of the agreement or by any act or failure to act of those persons. The Commission and the City of Iowa City shall not be liable for its failure to perform this agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Commission's control. 10. Disclaimer of Liability. The Commission hereby disclaims, and ITF hereby releases the Commission and the City of Iowa City 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 WHIRLYBIRD, its employees, agents or invitees during the term of this agreement, including, but not limited to, loss, damage or injury to the Aircraft or other property of WHIRLYBIRD that may be located or stored at the Airport, unless such loss, damage or injury is caused by the Commission's or the City of Iowa City's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Commission or the City of Iowa City 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 this agreement. 11. FAA. This Agreement shall be subordinate to the provisions of any existing or future agreement between the Commission and the United States relative to the operation or maintenance of the Airport, the execution of which has been, or may be, required as a condition precedent to the expenditure of federal funds for the development of said Airport. IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures this day of 2009. 3 IOWA CITY AIRPORT COMMISSION WHIRLYBIRD HELICOPTERS BY BY Janelle Rettig, Chairperson Adam Wilkerson, Owner Date Date Approved by: Date City Attorney's Office 4 Prepared by: Susan Dulek,Asst.City Atty,410 W.Washington St.,Iowa City,IA 52240 319/356-5030 RESOLUTION NO. 9o9- vC 7 RESOLUTION SETTING A PUBLIC HEARING FOR DECEMBER 17, 2009 REGARDING THE INTENT TO ENTER INTO A LEASE OF BUILDING "H" WITH THE UNIVERSITY OF IOWA. WHEREAS, the University of Iowa would like to enter into a lease for Building "H" on airport property; and WHEREAS,the attached lease agreement has been approved by the Airport Operations Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA,THAT: 1. The Iowa City Airport Commission 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 December 17, 2009 at 6:00 p.m. in the Terminal Building, Iowa City Airport, 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. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 11 day of ('r' IM t w2009. Approved By: CHA ERS• ATTEST: i 2--' SECRETARY City Attorney's Office Farris 'K Gardiner X Horan X _ Rettig Staley • I Prepared by: Susan Dulek,Asst. City Attorney,410 E.Washington Street, Iowa City, IA 52240(319)356-5030 RESOLUTION NO. A -oLS RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST TO AN AMENDMENT TO THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK TO EXTEND THE TERM. WHEREAS, the Iowa City Airport Commission, the Iowa City City Council, and NAI Iowa Realty Commercial have entered into a listing agreement ("Listing Agreement") to sell and lease the property known as the Aviation Commerce Park; WHEREAS, the parties have subsequently amended the Listing Agreement nine (9) times and it will expire on December 31, 2009; and WHEREAS, it is in the best interest of the Commission to approve the attached Tenth Amendment to Listing Agreement, which will extend the term to December 31, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is authorized to sign and the Secretary to attest to the attached Tenth Amendment to Listing Agreement. Passed and approved this ( 7 day of rb-P Ce , 2009. CHAT PERS Approved b ATTEST �/ ECRETARY City Attorney's Office S 1 1 4 It was moved by r-c-roc.k. and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ Farris Horan // Rettig Staley .1 w i TENTH AMENDMENT TO LISTING AGREEMENT WHEREAS, on April 20, 2004, the Iowa City City Council, Iowa City Airport Commission, and NAI Iowa Realty Commercial entered into listing agreement ("listing Agreement') to sell and • lease the property known as the Aviation Commerce Park subdivision; WHEREAS, the parties have previously entered into nine amendments including an amendment • that extends the term of the Listing Agreement to December 31,2009; WHEREAS, the parties wish to extend the Listing Agreement to December 31, 2010; and WHEREAS, Paragraph 13 of the Listing Agreement provides that it may be amended by written agreement of the parties. IT IS THEREFORE AGREED that: . Paragraph 5 of the Listing Agreement is deleted in its entirety and the following new Paragraph 5 is substituted in lieu thereof: 5. TERM. The term of this Agreement and Agent's employment, right and authority . shall expire on December 31, 2010. All other terms of the Listing Agreement, as amended, shall remain in full force and effect. NAI IOWA REALTY COMMERCIAL 10 Via_ : ./t� // g0 Pegg ."'mei ter \ Dat -andy M' er Date THE IOWA CITY AIRPORT COMMISSION fa�)7, o`1 Janet! Rettig,Chairperson Date • Attest / /7 O 7 Howard Horan,Secretary . Date It. l THE CITY OF IOWA CITY ( a K. Karr, City Clerk D.D. Bailey, Mayor CITY ACKNO ' EDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) 44. On this /4 day of O c. Ms , 2009, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Approved �fa l Torn NuE FORT � ( a . �j .0 ` • CoMy Commission City Attorney's Office oW VyaLlia• Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. ,V9— aq RESOLUTION AUTHORIZING THE CHAIRPERSON TO EXECUTE AND THE SECRETARY TO ATTEST TO A LEASE BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY,IOWA,AND THE UNIVERSITY OF IOWA WHEREAS,the Airport Commission of the City of Iowa City has negotiated a lease for Building"H";and WHEREAS,the Commission finds the proposed lease to be proper and in the best interest of the Iowa City Municipal Airport; NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: ld 14° 1. That the proposed lease is hereby approved ur Iii., G eA,,cf cf w 4e S i h kr, Aol DfitilAW 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to sign the attached lease for Building"H" between the Airport Commission and the University of Iowa. ''J Passed and approved this I I day of`DAC�1010 / 2009. ,;. Approved By: CHAIRP RSO ATTEST: 1 >Z.__ SECRETARY j /City Attorney's Office IAA Uv�r l th'eGv1n i'NO Se((Md`Q d 19,_ abzd ill (61/ — (A?AA TDl t (-61 11 ) 4 G u l W ,Ay s� - Nays Absent V Farris Gardinier J Horan J Rettig J Staley 1 LEASE -- BUSINESS PROPERTY (Board as Tenant) THIS LEASE AGREEMENT, MADE AND ENTERED INTO THIS day of , 2010, by and between The Iowa City's Airport Commission (hereinafter called the Landlord)whose address for the purpose of this lease is Iowa City Municipal Airport, 1801 S. Riverside Drive Iowa City, IA 52246 and the Board of Regents, State of Iowa for the Use and Benefit of the University of Iowa (hereinafter called the Tenant)whose address for the purpose of this lease is 305 PCO, University of Iowa, Iowa City, Iowa 52242. WITNESSETH THAT: 1. PREMISES AND TERM. (a). The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Johnson County, Iowa, to wit: Approximately 8800 SF of hanger and office space in Building H, located at the Iowa City Municipal Airport at 1801 South Riverside Drive, Iowa City, Iowa with 15 exterior parking adiacent to the building with the improvements thereon and all rights, easements and appurtenances thereto belonging, which, more particularly, Includes the space and premises as shown on "Exhibit A," attached hereto, for a term of 5 years, beginning at midnight on the first day, which shall be on the 1st day of January 2010, and ending at midnight on the last day of the lease term, which shall be on the 31st day of December. 2015, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this lease provided ("Leased Premises"). (b). RENEWAL. If this lease is subject to an option to renew the terms of the option are found in paragraph 28 below. 2. RENTAL. Tenant agrees to pay to Landlord as rental for said term, as follows: $4,038.00 per month, in advance, the first rent payment becoming due upon the 1st day of April. 1. 2010, and the same amount, per month, in advance, on the 1st day of each month • thereafter, during the term of this lease. All sums shall be paid at the address of Landlord, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time, previously designate in writing. Tenant shall pay Landlord $8,124.00, which represents the difference between the amount of monies Tenant has paid in rent for the months January through March 2010 under the current agreement and the rent under this agreement, by May 1, 2010. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this lease, and shall yield possession to the Landlord at the time and date of the close of this lease term, except as herein otherwise expressly provided. Should Landlord be unable to give possession on said date, Tenant shall have the right to terminate this lease. 4. USE OF PREMISES. (a) Tenant covenants and agrees during the term of this lease to use and to occupy the leased premises, only for legal purposes. (b) Tenant has non-exclusive use of the 10,000 gallon underground fuel tank west of Building H. The Commission will be responsible for the maintenance and insurance for the fuel tank, but after consultation with Tenant, may remove the tank if it becomes cost- • 2 prohibitive to maintain. The tank is to be used solely by Tenant. No fuel is to be resold. Tenants using the fuel tank must purchase their own fuel and have it delivered to the tank. A $.10 per gallon fuel flowage fee will be paid to the Commission no later than thirty (30) days after the delivery of the fuel. A copy of the fuel delivery ticket is to be received by the Commission no later than seven (7) days after the fuel delivery. Tenants purchasing fuel are responsible for ensuring delivery methods meet all applicable municipal codes and the Iowa City Airport's Spill Prevention, Control, and Countermeasures plan. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is absolute and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this lease free from molestation, eviction or disturbance by the Landlord•or any other persons or legal entity whatsoever. Landlord shall have the right to mortgage all of its right, title, interest in said premises at any time without notice, subject to this lease. 6. CARE AND MAINTENANCE OF PREMISES. (a) Tenant takes said premises in their present condition except for such repairs and alterations as may be expressly herein provided. (b) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord will keep the roof, structural part of the floor, hanger doors, HVAC, walls, and other structural parts of the building in good repair. (c) TENANTS DUTY OF CARE AND MAINTENANCE. Tenant shall, after taking possession of said premises and until the termination of this lease and the actual removal from the premises, at its own expense, care for and maintain said premises in a reasonably safe and serviceable condition, except for structural parts of the building. Tenant will furnish its own interior decorating. Tenant will not permit or allow said premises to be damaged or depreciated in value by any act or negligence of the Tenant, its agents or employees. Tenant agrees to keep faucets closed so as to prevent waste of water and flooding of premises and to promptly take care of any leakage or stoppage in any of the water, gas or waste pipes. The Tenant agrees to maintain adequate heat to prevent freezing of pipes, if and only if the other terms of this lease fix responsibility for heating upon the Tenant. Tenant shall make no structural alterations or improvements without the written approval of the Landlord, which approval shall not be unreasonably withheld. Tenant is responsible for securing all windows and doors within and on its leased space and shall exert diligence in keeping building entrances and openings locked after normal business hours. (d) Tenant will make no unlawful use of said premises and agrees to comply with all applicable valid regulations of the Public Heath Department, any applicable City Ordinances, the laws of the State of Iowa and the Federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. 7. (a) UTILITIES AND SERVICES. Tenant, during the term of this lease, shall pay all charges for use of telephone and other utilities and services which may be used in or upon the demised premises, except as provided below: (b) AIR CONDITIONING shall be furnished at the expense of Tenant and maintenance thereof at the expense of Landlord. (c) JANITOR SERVICE shall be furnished at the expense of Tenant. 3 (d) HEATING shall be furnished at the expense of Tenant and maintenance thereof at the expense of Landlord. (e) WATER AND SEWER shall be furnished at the expense of Tenant. (f) ELECTRICITY shall be furnished at the expense of Tenant. (g) TRASH DISPOSAL shall be furnished at the expense of Tenant. (h) ALL COMMON AREA expenses including groundcare and snow removal shall be paid by Landlord. Snow removal closer than two (2) feet to the hangar and any walkways is the responsibility of the Tenant. 8. (a) SURRENDER OF PREMISES AT THE END OF TERM - REMOVAL OF FIXTURES. Tenant agrees that upon the termination of this lease, it will surrender, yield up and deliver the leased premises in good and clean condition, except the effects of ordinary wear and tearand depreciation arising from.lapse of time, or damage without fault or liability of Tenant. (b) Tenant may, at the expiration of the term of this lease, or renewal or renewals thereof or at a reasonable time thereafter, if Tenant is not in default hereunder, remove any fixtures or equipment which said Tenant has installed In the leased premises, providing said Tenant repairs any and all damages caused by removal. (c) HOLDING OVER. Continued possession, beyond the expiratory date of the term of this lease, by the Tenant, coupled with the receipt of the specified rental by the Landlord (and absent a written agreement by both parties for an extension of this lease, or for a new lease) shall constitute a month to month extension of this lease. 9. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or subletting of the premises or any part thereof is prohibited without the Landlord's written permission. Such written permission shall not be unreasonably withheld. 10. LANDLORD'S RIGHT OF ACCESS. Upon reasonable notice, Landlord or its authorized representative may enter the leased premises at any reasonable time for the purpose of inspecting the leased premises or for the servicing of any utilities. 11. TAXES AND SPECIAL ASSESSMENTS. It is understood that Tenant is, in general, exempt from Personal Property Taxes. Landlord will pay all taxes and assessments. 12. INSURANCE. (a) Landlord and Tenant will each keep its respective property interests in the premises and its liability in regard thereto, and the personal property on the premises, reasonably insured against hazards and casualties; that is, fire and those items usually covered by extended coverage. Both parties recognize that Tenant, as any agency of the State of Iowa, is self-insured and as such, is self- insured for liability. Claims against the State of Iowa are handled as provided in • the Iowa Tort Claims Act (Iowa Code Chapter 669)which also sets forth the procedures by which tort claims may be brought. (b) Landlord shall provide and maintain Commercial General Liability insurance with minimum limit of$1,000,000 per occurrence, including contractual liability. Such insurance shall be issued by insurance companies duly authorized to engage in 4 the insurance business in the State of Iowa, with an A.M. Best's rating of A-, VII or better. (c) Landlord shall provide the appropriate certificate(s) of insurance to the University at the following address: University of Iowa Risk Management Attn: Kathryn Kurth 305 Plaza Centre One Iowa City, Iowa 52242-2500 (d) Landlord shall provide 30 days notice to University for canceled or non-renewed policies. (d) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements On the premises. (e) In the event of damage to buildings, or improvements by any natural or manmade disaster, the Tenant shall notify the Landlord by telephone or in writing within 24 hours of Tenant's knowledge thereof. (f) Release of Recovery Rights. Each party hereby releases the other from claims " for recovery for any loss or damage to any property owned by either party which is insured under valid and collective insurance policies to the extent of any recovery collectible under such insurance. It is further agreed that waiver shall apply only when permitted by the applicable policy of insurance. 13. LIABILITY. Tenant assumes responsibility and agrees to pay for any and all property losses or personal injuries arising out of the use and occupancy of the leased premises, which are incurred by reason of the negligence of the Tenant or its employees or agents to the full extent permitted by Chapter 669 Code of Iowa and pursuant to the procedures set forth therein. 14. DESTRUCTION OF LEASED PREMISES. (a) PARTIAL DESTRUCTION. In the event of a partial destruction or damage of the leased premises, which is a business interference, that is, which prevents the conducting of a normal business operation and which damage is reasonably repairable within sixty (60)days after its occurrence, this lease shall not terminate but the rent for the leased premises shall abate during the time of such business interference. In the event of partial destruction, Landlord shall repair such damages within sixty (60) days of its occurrence unless prevented from so doing by acts of God, the elements, the public enemy, strikes, riots, insurrection, government regulations, city ordinances, labor, material or transportation shortages, or other causes beyond Landlord's reasonable control. (b) ZONING. Should the zoning ordinance of the city or municipality in which this property is located make it impossible for the Landlord, using diligent and timely effort to obtain necessary permits and to repair and/or rebuild so that Tenant is not able to conduct its business on these premises, then such partial destruction shall be treated as a total destruction as in the next paragraph provided. 5 (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased premises including the parking area (if a parking area is a part of the subject matter of this lease) so that Tenant is not able to conduct its business on the premises and the damage cannot be repaired within sixty(60) days, this lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be affected by written notice of one party to the other, within twenty(20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues, and each party shall be released from all future obligations hereunder, Tenant paying rent pro rate only to the date of such destruction. In the event of such termination of this lease, Landlord at its option, may rebuild or not, according to its own wishes and needs. 15. CONDEMNATION - DISPOSITION OF AWARDS. Should the whole or any part of the demised premises be condemned or taken by a competent authority for any public or quasi-public use or purpose, each party shall be entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be entitled to take such proportion of said award as may be fair and reasonable. 16. TERMINATION OF LEASE. This lease shall terminate upon expiration of the demised term; or if this lease expressly and in writing provides for any option or options, and if any such option is exercised by the Tenant, then this lease will terminate at the expiration of the option term or terms. 17. SIGNS. (a) Tenant shall have the right and privilege of attaching, affixing, painting or exhibiting signs on the leased premises, provided only (1) that any and all signs shall comply with the ordinances of the city or municipality in which the property is located and the laws of the State of Iowa; (2) such signs shall not change the structure of the building; (3) such signs if and when taken down shall not damage the building; (4) such signs shall be subject to the written approval of the Landlord, which approval shall not be unreasonably withheld. (b) Landlord during the last ninety (30)days of this lease, or extension, shall have . the right to maintain in the windows or on the building or on the premises either or both a "For Rent" or"For Sale" sign and Tenant will permit, at such time, prospective tenants or buyers to enter and examine the premises. 18. RIGHTS CUMULATIVE. The various rights, powers, options, elections and remedies of either party, provided in this lease, shall be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied or undischarged. 19. NOTICE AND DEMANDS. Notices as provided for In this lease shall be given to the respective parties hereto at the respective addresses designated on page one of this lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this lease when sent, addressed as 6 above designated, postage prepaid, by registered mail or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 20. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto; except that if any part of this lease is held in joint tenancy, the successor in interest shall be the 'surviving joint tenant. 21. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms or conditions of this lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the entire agreement of the parties. 22. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 23. NONAPPROPRIATIONS CLAUSE. Any obligations incurred by the State Board of Regents pursuant to this lease shall be paid from any funds the State Board of Regents legally has available therefore, and the State Board of Regents covenants to annually budget sufficient amounts to pay its rental obligations hereunder; notwithstanding any other provisions of this lease, If funds anticipated for,the continued fulfillment of this lease are at any time not forthcoming or insufficient, either through the failure of the Iowa legislature or the federal government to provide funds or alteration of the program under which funds were provided, then the State Board of Regents shall have the right to terminate this lease without penalty by giving not less than thirty(30)days written notice documenting the lack of funding. 24. HANDICAPPED ACCESSIBILITY. Landlord shall maintain the premises in compliance with all applicable State and Federal laws and regulations concerning accessibility by the handicapped. In the event that the Tenant is fined for violations of said laws and regulations for areas within the responsibility of the Landlord under the terms of this lease agreement, Landlord agrees to indemnify, defend and hold harmless the Tenant. 25. 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. 26. SECURITY. University acknowledges that the FAA or another governmental entity or subdivision may enact laws or regulations regarding security at general aviation airports such that the Commission may not be able to comply fully with its obligations under this Agreement, and University agrees that the Commission shall not be liable for any damages to University that may result from said non-compliance. 27. FAA Provisions. a. It in understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of • Section 308 of the Federal Aviation Act of 1958. This Agreement shall be subordinate to the provisions of any outstanding or future agreement between the Commission and the United States government or the Commission and the State 7 of Iowa relative to the maintenance, operation, or development of the Iowa City Municipal Airport. University acknowledges and agrees that the rights granted to University in this Agreement will not be exercised so as to interfere with or adversely affect the use, operation, maintenance or development of the Airport b. The Commission reserves the right (but shall not be obligated to University) to maintain and repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of University in this regard. c. 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 University, and without interference or hindrance. d. 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 University 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. e. 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. 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. 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. h. The Agreement shall become subordinate to provisions of any existing or future agreement between the Commission and the United States of America or any agency thereof relative to the operation, development, or 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. 28. RENEWAL OPTIONS(S). Tenant shall have the option to extend the term of the lease for with two additional five-year periods: January 1, 2015 — December, 2020 and January 1, 2020 — December 31, 2025, and one additional two-year period from January 1, 2025 — December 31, 2027 , under the same terms and conditions except for reasonable rental increases, upon written mutual agreement of the parties, such increase will not exceed the • annual Consumer Price Index (CPI). The CPI factor to be used in computing reasonable rental increases pursuant to this paragraph will be based on the most recent calendar year Consumer 8 Price Index for urban wage earners and clerical workers (U.S. city averages). Tenant shall notify Landlord at least 30 days prior to renewal date of intention to renew. 29. TERMINATION OF HANGAR USE AGREEMENT — The current agreement between the Airport Commission and the University of Iowa entitled Hangar Use Agreement and executed on June 30, 2005 is hereby terminated on the effective date of this lease. The parties acknowledge that neither owes the other party any remuneration under said current agreement and that all respective obligations have been fulfilled. IN WITNESS THEREOF, the parties hereto have duly executed this lease the day and year first above written. TENANT DATE BOARD OF REGENTS, ST OF IOWA .,.t ► 311; Ito LAN5LOR% DATE Iowa City Airport Commission Janelle Rettig, Chairperson • • Apprisacmmi By 3 - ta -to City Attorney's Office Exhibit A—Building H (not to scale) New Storage Space Current Office Space 70'x 20' 40'x20' New Hangar Extension Current Hangar Space 30'x 60' 80'x 60' 1 LEASE -- BUSINESS PROPERTY (Board as Tenant) THIS LEASE AGREEMENT, MADE AND ENTERED INTO THIS day of , 2007, by and between The Iowa City's Airport Commission (hereinafter called the Landlord) whose address for the purpose of this lease is Iowa City Municipal Airport, 1801 S. Riverside Drive Iowa City, IA 52246 and the Board of Regents, State of Iowa for the Use and Benefit of the University of Iowa (hereinafter called the Tenant) whose address for the purpose of this lease is 305 PCO, University of Iowa, Iowa City, Iowa 52242. WITNESSETH TH T: 1. PREMISES A TERM. (a). The Landlord, in c sideration of the rents herein reserved and of the agreements and conditions herein ntained, on the part of the Tenant to be kept and performed, leases unto the Tenant aTenant hereby rents and leases from Landlord, according to the terms and provisions rein, the following described real estate, situated in Johnson County, Iowa, to wit: Approxim telt' 8800 SF of hanger and office space in Building H, located at the Iowa City Municipal Airportt 1801 South Riverside Drive, Iowa City, Iowa with 15 exterior parking adjacent to the building ith the improvements thereon and all rights, easements and appurtenances thereto belon .ing, which, more particularly, includes the space and premises as shown on "Exhibit A," attache• her:to, for a term of 5 years, beginning at midnight on the first day, which shall be on the 1 t d:y of November-2897, and ending at •3-< . a(4'0 midnight on the last day of the lease term, which s•all be on the 31st day of Oeteber,.2 4- , 1)ee2, ,),c i cf upon the condition that the Tenant pays rent ther= o -, and otherwise performs as in this lease provided ("Leased Premises") (b). RENEWAL. If this lease is subj:ct to an option to renew the terms of the option are found in paragraph 28 below. 2. RENTAL. Tenant agrees to 'say to Landlord as rental for said term, as follows: $4,280 per month, in advance, the first ren payment becoming due upon the 1st day of 1/ t/ It) N the same amoun , per month, in advance, on the 1st day of each month thereafter, during the term of this -ase. All sums shall be paid at the address of Landlord, as above designated, or at s h other place in Iowa, or elsewhere, as the Landlord may, from time to time, previously desi•nate in writing. 3. POSSESSION. Tena t shall be entitled to possession on the first day of the term of this lease, and shall yield p. session to the Landlord at the time and date of the close of this lease term, except as herei otherwise expressly provided. Should Landlord be unable to give possession on said date, 'enant shall have the right to terminate this lease. 4. USE OF PREM ES. (a) Tenant covenants and agrees during the term of this lease to use and to occupy the leased premises, only for legal purposes. (b) Tenant has non-exclusive use of the 10,000 gallon underground fuel tank west of Building H. The Commission will be responsible for the maintenance and insurance for the fuel tank, but after consultation with Tenant, may remove the tank if it becomes cost- prohibitive to maintain. The tank is to be used solely by Tenant No fuel is to be resold. 1 Tenants using the fuel tank must purchase their own fuel and have it delivered to the tank. A $.10 per gallon fuel flowage fee will be paid to the Commission no later than 2 thirty (30) days after the delivery of the fuel. A copy of the fuel delivery ticket is to be received by the Commission no later than seven (7) days after the fuel delivery. Tenants purchasing fuel are responsible for ensuring delivery methods meet all applicable municipal codes and the Iowa City Airport's Spill Prevention, Control, and Countermeasures plan. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is absolute and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this ase free from molestation, eviction or disturbance by the Landlord or any other persons or I gal entity whatsoever. Landlord shall have the right to mortgage all of its right, title, int rest in said premises at any time without notice, subject to this lease. 6. CARE AND MAINTENANCE OF PREMISES. a) Tenant takes said premises in their present condition except for such repairs and alteration as may be expressly herein provided. (b) LANDLORD'S DUTY OF CARE AND MAIN ENANCE. Landlord will keep the roof, structural part of the floor, anger doors, HVAC, wal , and other structural parts of the building in good repair. (c) TENANTS DUTY O' CARE AND MAIN ENANCE. Tenant shall, after taking possession of said premises and unt the termination .f this lease and the actual removal from the premises, at its own expense, car- for and maint- n said premises in a reasonably safe and serviceable condition, except for structu -I parts oft - building. Tenant will furnish its own interior decorating. Tenant will not permi sr allow s:id premises to be damaged or depreciated in value by any act or negligence of the Te ant, its :gents or employees. Tenant agrees to keep faucets closed o :s to prevent waste of water and flooding of premises and to promptly take care of any leak:se or stoppage in any of the water, gas or waste pipes. The Tenant agrees to maintain a. -•uate heat to prevent freezing of pipes, if and only if the other terms of this lease fix respons'•ili for heating upon the Tenant. Tenant shall make no structural alterations or improvemen s wit tut the written approval of the Landlord, which approval shall not be unreasonably wi held. Tenant is responsible for securing - I windows a'd doors within and on its leased space and shall exert diligence in keeping buildi ! entrances a • openings locked after normal business hours. (d) Tenant will make no unla ul use of said pre 'ses and agrees to comply with all applicable valid regulations of the Publi Heath Department, a y applicable City Ordinances, the laws of the State of Iowa and the -deral government, but t is provision shall not be construed as creating any duty by Te, ant to members of the ge ral public. 7. (a) UTILITIES A D SERVICES. Tenant, during a term of this lease, shall pay all charges for use of telephon- and other utilities and services ich may be used in or upon the demised premises, exce•t as provided below: (b) AIR CONDITION G shall be furnished at the expense of Want. and maintenance thereof at th= expense of Landlord. (c) JANITOR SE-VICE shall be furnished at the expense of Tenant. (d) HEATING shall be furnished at the expense of Tenant. and maintenance thereof at the expense of Landlord. 3 (e) WATER AND SEWER shall be furnished at the expense of Tenant. (f) ELECTRICITY shall be furnished at the expense of Tenant. (g) TRASH DISPOSAL shall be furnished at the expense of Tenant. (h) ALL COMMON AREA expenses including groundcare and snow removal shall be paid by Landlord. Snow removal closer than two (2) feet to the hangar and any walkways is the responsibility of the Tenant. 8. (a) SURRENDER OF PREMISES AT THE :ND OF TERM - REMOVAL OF FIXTURES. Tenant agrees that upon the termination of this I-ase, it will surrender, yield up and deliver the lease. premises in good and clean condition except the effects of ordinary wear and tear and dep eciation arising from lapse of time, . damage without fault or liability of Tenant. (b) Tenant ma , at the expiration of the term 4 this lease, or renewal or renewals thereof or at a reasonable ti e thereafter, if Tenant is .t in default hereunder, remove any fixtures or equipment which s-'d Tenant has installed i the leased premises, providing said Tenant repairs any and all dam.ges caused by remov:I. (c) HOLDING OVER. L ontinued posses-ion, beyond the expiratory date of the term of this lease, by the Tenant, couple• with the receip' of the specified rental by the Landlord (and absent a written agreement by both p:rties for an e ension of this lease, or for a new lease) shall constitute a month to month exte -ion of this ease. 9. ASSIGNMENT AND SUBL.TTIN C. Any assignment of this lease or subletting of the premises or any part thereof is prohib ed ithout the Landlord's written permission. Such written permission shall not be unreaso - • y withheld. 10. LANDLORD'S RIGHT OF ACC . Upon reasonable notice, Landlord or its authorized representative may enter the lease 0 pr:mises at any reasonable time for the purpose of inspecting the leased premises or or th= servicing of any utilities. 11. TAXES AND SPECIAL ASS ,•SMENT‘ . It is understood that Tenant is, in general, exempt from Personal Property T., es. Landlo . will pay all taxes and assessments. 12. INSURANCE. (a) Landlord and Tenant ' each keep its respecti - property interests in the premises and its liabili' in regard thereto, and the personal property on the premises, reasonabl insured against hazards an• casualties; that is, fire and those items usually overed by extended coverage. Both parties recognize that Tenant, as any ag: cy of the State of Iowa, is self-in-ured and as such, is self- insured for liabili . Claims against the State of Iowa a - handled as provided in the Iowa Tort Cl:ims Act(Iowa Code Chapter 669) whic I also sets forth the procedures by hich tort claims may be brought. (b) Landlord sh-II provide and maintain Commercial General Liability insurance with minimum limit of$1,000,000 per occurrence, including contractual liability. Such insurance shall be issued by insurance companies duly authorized to engage in the insurance business in the State of Iowa, with an A.M. Best's rating of A-, VII or better. 4 (c) Landlord shall provide the appropriate certificate(s) of insurance to the University at the following address: University of Iowa Risk Management Attn: Kathryn Kurth 305 Plaza Centre One Iowa City, Iowa 52242-2500 (d) Landlord shall provide 30 days notice to Unive .ity for canceled or non-renewed policies. (d) Ten-nt will not do or omit the doing of any ac which would vitiate any insurance, or inc -ase the insurance rates in force upon the real estate improvements on the pre ''ses. (e) In the event 4 damage to buildings, or imrovements by any natural or manmade dis- .ter, the Tenant shall noti the Landlord by telephone or in writing within 24 hours • Tenant's knowledge t reof. (f) Release of Recove • Rights. Each pa hereby releases the other from claims for recovery for any lo s or damage to any property owned by either party which is insured under valid a •d collective i surance policies to the extent of any recovery collectible unde such insur:nce. It is further agreed that waiver shall apply only when permitted a the a..licable policy of insurance. 13. LIABILITY. Tenant assumes -sp.nsibility and agrees to pay for any and all property losses or personal injuries arising out a the use and occupancy of the leased premises, which are incurred by reason of the =•ligence of the Tenant or its employees or agents to the full extent permitted by Chapter .69 ode of Iowa and pursuant to the procedures set forth therein. 14. DESTRUCTION OF LEASE" PREMIS=S. (a) PARTIAL DESTRUCTION In the event o - partial destruction or damage of the leased premises, which is a business in -rference, that is, hich prevents the conducting of a normal business operation and which d:mage is reasonably epairable within sixty (60) days after its occurrence, this lease shall n. terminate but the rent or the leased premises shall abate during the time of such busine- interference. In the eve t of partial destruction, Landlord shall repair such damages Thin sixty (60) days of its . currence unless prevented from so doing by acts of God, the e ements, the public enemy, st es, riots, insurrection, government regulations, city ordin-noes, labor, material or transpo -tion shortages, or other causes beyond Landlord's reaso -ble control. (b) ZONING. Shoul•. the zoning ordinance of the city or mu,icipality in which this property is located make it im..ssible for the Landlord, using diligent an. timely effort to obtain necessary permits and to rep:it and/or rebuild so that Tenant is not able t• conduct its business on these premises, then su• partial destruction shall be treated as a total destruction as in the next paragraph provided. (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased premises including the parking area (if a parking area is a part of the subject matter of this lease) so that Tenant is not able to conduct its business on the premises and the damage cannot be repaired within sixty (60) days, this lease may be terminated at the 5 option of either the Landlord or Tenant. Such termination in such event shall be affected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues, and each party shall be released from all future obligations hereunder, Tenant paying rent pro rate only to the date of such destruction. In the event of such termination of this lease, Landlord at its option, may rebuild or not, according to its own wishes and needs. 15. CONDEMNATION - DISPOSITION OF AWARDS. Should the whole or any part of the demised premises be condemned or taken by a competent authority for any public or quasi-publi use or purpose, each party shall be entitled to retain, as its own property, any award payab - • it. Or in the event that a single entire award is made on account of the condemnation, e- . party will then be entitled to take such proportio of said award as may be fair and reasonable. 16. TERMINA •N OF LEASE. This lease shall termi ate upon expiration of the demised term; or if this leas= expressly and in writing provides fo any option or options, and if any such option is exercised b the Tenant, then this lease will terminate at the expiration of the option term or terms. 17. SIGNS. (a) Tenant shall have the ri'ht and privilege of a,aching, affixing, painting or exhibiting signs on the leased premises, •rovided only (1) that any and all signs s =II comply wit' the ordinances of the city or municipality in which t'e property s located and the laws of the State of Iowa; (2) such signs shall not change '1 e s cture of the building; (3) such signs if and when taken d•, n shall not damage the building; (4) such signs shall be subject to he Itten approval of the Landlord, which approval shall not be unr=asona•ly withheld. (b) Landlord during the last ninety 30) days o this lease, or extension, shall have the right to maintain in the windows or on th: building or othe premises either or both a "For Rent"or"For Sale"sign and Tenant will per it, at such tim: prospective tenants or buyers to enter and examine the premises. 18. RIGHTS CUMULATIVE. he various rights, po -rs, options, elections and remedies of either party, provided in th" lease, shall be constru-• as cumulative and no one of them as exclusive of the others, ore lusive of any rights, remedi:s or priorities allowed either party by law, and shall in no way aff: or impair the right of either 'arty to pursue any other equitable or legal remedy to which •ither party may be entitled as lo • as any default remains in any way unremedied, unsatisfi-• or undischarged. 19. NOTICE AND D' MANDS. Notices as provided for in this ease shall be given to the respective parties hereto the respective addresses designated on p'ge one of this lease unless either party notifies t e other, in writing, of a different address. 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'' t"eI 'i.•1....- ' ,�'1,. -F � ,}1 - 2 }..!( i#-,j. +. +"ri.'t 1�[,•, f r. } ✓, `�"7 t:�:l 7' _ a :i, , ,•i i1•`l a'::. 1, vim•i rts.,,1-.wry [a. 4i e Y i •r3)� iii w l u; rL ) a" i: v �3}€s 4 _ y� yiS y ; t ',' ` ''�'' . q•'Y� - '7 _' ,�� )1f3 - '+.ri '`1 ;� 't_4,-:_! 3�Li :.i; ' ic.)! "4i.,. '' Ti' ycli.�Xj)'f rri`* '�' y I.: - -. - .t'>tt. 4 S $ -• i •• tl ''1..`i3i!'�f !,'e , o-e'.i v �. ' rR-*a.� i',•!,-,,:,,,...... a 1-;1 r • .i f .L. tea .11_-•*�i�Y,r S�ei:.1<: l'••••_,?..,.-,;: �nt• j�� •: .01(Cl :- -:t.#rY• *r,;(314 c,� , : . -y7'%.. t« � y, r.r. - •-' � [ . - , "'_ ;'• f r e '3' E t_,qf:.`• _:> rI .r..# ..i.4 C:t:;r.,1,�b _ • .yr4 ,3i -.mss.. yb-R" per/ _.: S <•Sijy, :,.a. ''"- 's ► '. r' 9....,,,,,••••,. .i ..-)1� )+7v Jr-:_:-.,.e.,.,,,,-,,• ! ti i�. t.'!' ".; b1 :.-r j �sF�.`�. �„ _ �'_ ' • .* 1+.)i .` 1-10 .` -'`f r S�a�*+e �i- S.y,'1 l`i X f-'''-•-4,`','. <f ie..1 ; • _ �, 'sw41. i'L Fah :2-$1 .' ;'?''7 F?1:1 ", �'? ,!:_ vf;,i L' ! " t3- ) ' - ,; 1 !'...-4s -• .: `rn to is- lv'I ! = i ' i-' -y �1 • ► .171t.-4 -. wZ r h -4=i•i - • >'- - r . aim', r -,- 'v'i tt •47)(4t4 ar•r. 6}lxik.: 3+i.-EI: fi t '.01-'7".'.ti'' !!:-.=,e �'-T,' ° `- iF3 A ) �!7._.' dry y a "e, i 0;.-;'- 5?.L7 i i. a. : k ; .: , ,1 4,a'' r , 't.' wt;,I ora ji,ao.1 01..,4_'fi.. - 1}:'p .,^ . rte., •'. rai ( 3 •� i 6 respective successors, heirs, administrators, executors and assigns of the parties hereto; except that if any part of this lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 21. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms or conditions of this lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the entire agreement of the parties. 22. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 23.\ NONAPPROPRIATIONS CLAUSE. An obligations incurred by the State Board of Regents p suant to this lease shall be paid from a funds the State Board of Regents legally has avai :ble therefore, and the State Board of egents covenants to annually budget sufficient amount o pay its rental obligations hereun.er; notwithstanding any other provisions of this lease, if fun.- anticipated for the continued ful illment of this lease are at any time not forthcoming or insuffi..ent, either through the failure .f the Iowa legislature or the federal government to provide nds or alteration of the pro?ram under which funds were provided, then the State Board of - -gents shall have the rig to terminate this lease without penalty by giving not less than thirty ('0) days written notice •ocumenting the lack of funding. 24. HANDICAPPED ACCESSIBILITY. Landlord shall maintain the premises in compliance with all applicable ate and Federal aws and regulations concerning accessibility by the handicapped. In the even that the Tena r t is fined for violations of said laws and regulations for areas within the res.onsibility of he Landlord under the terms of this lease agreement, Landlord agrees to inde nify, deft d and hold harmless the Tenant. 25. Non-Discrimination. :nant shall not discriminate against any person in employment or public accommodation be.-we of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, me .I or physical disability, marital status or age. "Employment" shall include but not be F ited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Pu•li. accommodation"shall include but not be limited to providing goods, services, facilities, privile•-s a • advantages to the public. 26. SECURITY. University ack owledges t,at the FAA or another governmental entity or subdivision may enact laws or regul.tions regardin• security at general aviation airports such that the Commission may not be able 'o comply fully •'th its obligations under this Agreement, and University agrees that the Com ission shall not b: liable for any damages to University that may result from said non-compli:nce. 27. FAA Provisions. a. It in understood ar d agreed that nothing herein coitained shall be construed to grant or authoriz the granting of an exclusive right ithin the meaning of Section 308 o the Federal Aviation Act of 1958. This Agreement shall be subordinate to he provisions of any outstanding or futu : agreement between the Commission -nd the United States government or the Commission and the State of Iowa re :tive to the maintenance, operation, or development of the Iowa City Municipal Airport. University acknowledges and agrees that the rights granted to Univers) in this Agreement will not be exercised so as to interfere with or adversly affect the use, operation, maintenance or development of the Airport 7 b. The Commission reserves the right (but shall not be obligated to University) to maintain and repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of University in this regard. c. 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 University, and without interference or hindrance. d. The Cor mission reserves the right to take an action it considers necessary to protect th aerial approaches of the airport a ainst obstructions, together with the right to revent University from erecting, r permitting to be erected, any building or of er structure on the airport whi h in the opinion of the Commission would limit t usefulness of the airport r constitute a hazard to aircraft. e. During time of wa r national emergency, the Commission shall have the right to enter into an agree ent with the Unitec/States Government for military or naval use of part or all of th landing area, the publicly-owned air navigation facilities and/or other areas or f ilities of the airport. If any such agreement is executed, the provisions of this instivment, ins,,dfar as they are inconsistent with the provisions of the agreeme t with the Government, shall be suspended. f. It is understood and agreed t'atAhe 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 dev-1 pment of the airport. g. There is hereby reserved to the Col mission, its successors and assigns, for the use and benefit of the pyblic, a ee and unrestricted right of flight for the passage of aircraft in th ' airspace -.ove the surface of the premises herein conveyed, together with tie right to ca -e in said airspace such noise as may be inherent in the operation'of aircraft, no known or hereafter used for navigation of or flight in the air, /using said airsp- e or landing at, taking off from, or operating on or about the airport. h. The Agreement shall become subordinate to p ovisions of any existing or future agreement between the Commission and the U�ited 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 *required as a condition precedent to the expenditure of federal funds for the\development of the airport. 28. IWNWAL OPTIONS(S). Tenant shall have the option to extend the term of the lease for wit t ao additional five-year extensions: J 2@t3 xty-4,--2013 - Juue-38 ; ^^"^ -- ^^"9 under the same terms and conditions except for reasonable rental increases, upon written mutual agreement of the parties, such increase will not exceed the annual Consumer Price Index (CPI). The CPI factor to be used in computing reasonable rental increases pursuant to this paragraph will be based on the most recent calendar year Consumer Price Index for urban wage earners and clerical workers (U.S. city averages). Tenant shall notify Landlord at least 30 days prior to renewal date of intention to renew. 29. Termination of Hangar Use Agreement — The current agreement between the Airport Commission and the University of Iowa titled Hangar Use Agreement and executed on • • .r kh+ Y as 4.. -41.',4,' , v £ ..L {.' vj bib '. 1 i - 1-:'ti'c3, 40:4}j e'54j t6 y- r t„ d p,.t s-t ,k�, f'_ s f y✓ r t a s' -v • 'i tit: .+ ,�S6,-.•'t* z 1. * - *Ii��f ar 1' f a Q! { - f =.emsi 1:. Ate. • 7 _ t 6 P.r '. aJ.W'i''N.iXf 7 1� .- ,1 4i �b ij!: z' --..:.r...:'1 = �,r i s r' IS-7',...,42.! . ','',117- ; 4r .;: X11,' i -- y �: i.4,44:-,,,,* ` ' xi rR 4` _ • w . 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''''F,' '-.4. . 1.t -r ',i.t , i }.Y P ' , ff " stP 'F :t6r•?'•}itio.i-.tr..1*-41 - eivti Rrea .-f .-- .� , F . fY ,9.. kK k• - J - s S If' sb{ -'3 ,r..,i , -c, .A . ji -.• ` rtaitc i K , ”. � , ;'''''.'47 L ._'.P.- • r.� #. ,f44 't & S '1 till) Si~.`C'd01,- •)T. a;:1 ti� Y .e v ;ska {}a,•./e. : 'i s. .t:.••=5.4.,..,411.� � '� !c '' e + r' ,- .=,•--,,.•,7,:.Vii {,' : x' . • 8 June 30, 2005 is hereby terminated effect on the effective date of this lease. The parties acknowledge that neither owe the other party any remuneration under said current lease and that all respective obligations have been fulfilled. IN WITNESS THEREOF, the parties hereto have duly executed this lease the day and year first above written. • ENANT DATE B• A RD OF REGENTS, STATE OF OWA LANDL•'D DATE Iowa City airport Commission Linda\easesUC airport