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HomeMy WebLinkAbout2011 Airport Commission Resolutions RESOLUTIONS -- 2011 RES. NO. SUBJECT DATE A11-01 RESOLUTION APPROVING COMMERCIAL AGREEMENT 1/20/11 WITH CARE AMBULANCE Al 1-02 RESOLUTION ACCEPTING THE WORK FOR THE 1/20/11 "HANGAR A DRAINAGE IMPROVEMENTS" A11-03 RESOLUTION APPROVING CONTRACT WITH FOTH 2/17/11 INFRASTRUCTURE AND ENVIRONMENT, LLC FOR ENGINEERING SERVICES FOR DESIGN AND BIDDING PHASES OF CORPORATE HANGAR "L" Al 1-04 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 2/17/11 EXECUTE AND THE SECRETARY TO ATTEST A SUPPLEMENTAL LEASE AGREEMENT BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, AND UNITED STATES GOVERNMENT A11-05 RESOLUTION SETTING A PUBLIC HEARING FOR 2/17/11 MARCH 17, 2011, REGARDING THE INTENT TO ENTER INTO A GROUND LEASE AGREEMENT WITH THE U.S. GOVERNMENT 11-06 RESOLUTION RESCINDING NO. A11-05 AND SETTING 2/21/11 A PUBLIC HEARING FOR MARCH 10, 2011, REGARDING THE INTENT TO ENTER INTO A GROUND LEASE AGREEMENT WITH THE U.S. GOVERNMENT 11-07 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 3/10/11 EXECUTE AND THE SECRETARY TO ATTEST TO A LAND LEASE BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, AND UNITED STATES GOVERNMENT 11-08 RESOLUTION PROHIBITING FIREARMS AND 3/10/11 WEAPONS ON AIRPORT PROPERTY 2011 Resolutions Page 2 RES. NO. SUBJECT DATE A11-09 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 4/14/11 SIGN AN AMENDMENT TO THE LISTING AGREEMENT WITH SKOGMAN REALTY FOR AVIATION COMMERCE PARK TO ADD A LEASE RATE SCHEDULE A11-10 RESOLUTION SETTING A PUBLIC HEARING ON MAY 4/26/11 12, 2011 FOR PLANS AND SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE CONSTRUCTION OF "RUNWAY 7-25, PARALLEL TAXIWAY GRADING AND DRAINAGE" PROJECT, AND DIRECTING THE CITY CLERK TO PUBLISH NOTICES OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION A11-11 RESOLUTION APPROVING PLANS SPECIFICATIONS, 5/12/11 FORM OF CONTRACT, AND RESTIMATE ON COST FOR "RUNWAY 7-25 PARALLEL TAXIWAY GRADING AND DRAINAGE" PROJECT AT THE IOWA CITY MUNICIPAL AIRPORT A11-12 RESOLUTION AUTHORIZING CHAIRPERSON TO 6/16/11 ACCEPT FEDERAL AVIATION GRANT FOR RUNWAY 7- 25 REHABILITATION — PHASE 1 A11-13 RESOLUTION AWARDING CONTRACT AND 6/16/11 AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF RUNWAY 7-25 PARALLEL TAXIWAY GRADING AND DRAINAGE A11-14 RESOLUTION SETTING A PUBLIC HEARING ON JULY 6/16/11 21, 2011 AT 6:00 P.M. FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE CONSTRUCTION OF "HANGAR L", AND DIRECTING CITY CLERK TO PUBLISH NOTICES OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION A11-15 RESOLUTION APPROVING THE TERMINATION OF 6/16/11 HANGAR LEASE WITH KEITH ROOF DBA IOWA CITY AIRCRAFT REPAIR A11-16 RESOLUTION TERMINATING COMMERCIAL AVIATION 6/16/11 AGREEMENT WITH KEITH ROOF DBA IOWA CITY AIRCRAFT REPAIR 2011 Resolutions Page 3 RES. NO. SUBJECT DATE A11-17 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 6/16/11 EXECUTE AND THE SECRETARY TO ATTEST TO A HANGAR USE, AGREEMENT BETWEEN THE IOWA CITY AIRPORT COMMISSION AND THE UNIVERSITY OF IOWA A11-18 RESOLUTION ACCEPTING IOWA DEPARTMENT OF 7/21/11 TRANSPORTATION GRANT 911201OW100 FOR EXTERIOR LIGHTING, WINDSOCK LIGHTING, AND SECURITY UPGRADES A11-19 RESOLUTION APPROVING PLANS, SPECIFICATIONS, 8/4/11 FORM OF CONTRACT, AND ESTIMATE ON COST FOR "HANGAR L" CONSTRUCTION PROJECT AT THE IOWA CITY MUNICIPAL AIRPORT A11-20 RESOLUTION ACCEPTING IOWA DEPARTMENT OF 8/4/11 TRANSPORTATION GRANT 9112010W300 FOR TERMINAL BUILDING REHABILITATION A11-21 RESOLUTION REJECTING BIDS RECEIVED ON 8/25/11 AUGUST 23, 2011 FOR THE HANGAR L PROJECT A11-22 RESOLUTION AWARDING CONTRACT FOR 8/25/11 ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION PHASES OF TERMINAL BUILDING REHABILITATION TO VJ ENGINEERING Al 1-23 RESOLUTION APPROVING TASK ORDER NO. 7 WITH 8/25/11 AECOM FOR CONSTRUCTION RELATED SERVICES RELATING TO THE RUNWAY 7-25 PARALLEL TAXIWAY GRADING AND DRAINAGE A11-24 RESOLUTION SETTING A PUBLIC HEARING FOR 10/25/11 NOVEMBER 17, 2011, REGARDING THE INTENT TO ENTER INTO A GROUND LEASE AGREEMENT WITH AFFORDABLE AUTO, LLC FOR LOT 17 OF THE NORTH AIRPORT SUBDIVISION A11-25 RESOLUTION ACCEPTING THE WORK FOR THE "2011 11/17/11 AIRFIELD ASPHALT PAVEMENT REHABILITATION PROJECT" A11-26 RESOLUTION AWARDING CONTRACT AND 11/17/11 AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR TAXIWAY PAVEMENT REPAIRS A11-27 RESOLUTION AUTHORIZING THE CHAIRPERSON TO 12/15/11 SIGN AN AMENDMENT TO THE LISTING AGREEMENT WITH SKOGMAN REALTY FOR AVIATION COMMERCE PARK TO EXTEND THE TERM 2011 Resolutions Page 4 RES. NO. SUBJECT DATE A11-28 RESOLUTION SETTING A PUBLIC HEARING ON 12/15/11 JANUARY 19, 2012 FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE CONSTRUCTION OF "HANGAR L PHASE ONE" PROJECT, AND DIRECTING CITY CLERK TO PUBLISH NOTICES OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION A11-29 RESOLUTION SETTING A PUBLIC HEARING ON 12/15/11 JANUARY 19, 2012 FOR THE PLANS SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE CONSTRUCTION OF 'TERMINAL BUILDING BRICK REHABILITATION'PROJECT, AND DIRECTING CITY CLERK TO PUBLISH NOTICES OF SAID HEARING AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION Al 1-30 RESOLUTION APPROVING TASK ORDER NO 8 WITH 12/15/11 AECOM FOR ENGINEERING DESIGN AND CONSTRUCTION SERVICES RELATING TO THE AIRPORT ELECTRICAL REHABILITATION Al 1-31 RESOLUTION APPROVING TASK ORDER NO. 9 WITH 12/15/11 AECOM FOR ENGINEERING DESIGN SERVICES RELATING TO THE RUNWAY 7-25 PARALLEL TAXIWAY PAVING AND LIGHTING A11-32 RESOLUTION ACCEPTING THE WORK FOR THE 12/15/11 "TAXIWAY CONCRETE PAVEMENT REPAIR PROJECT Al 1-33 Jet Air (Michael Tharp should be sending us copy) 12/15/11 • Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. R — o RESOLUTION APPROVING COMMERCIAL OPERATING AGREEMENT WITH CARE AMBULANCE. WHEREAS, Care Ambulance desires to operate an ambulatory services company at the Iowa City Municipal Airport; WHEREAS,Care Ambulance provides staffing to Jet Air, Inc. for air medical operations; and WHEREAS,the Commission finds the proposed agreement to be proper and in the best interest of the Iowa City Municipal Airport. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That the proposed commercial business agreement is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to the agreement. • Passed and approved this d day of ]ck Lk 4 c t"-LI 2011. Approved By: C IRPERSO► / ATTEST: SE RETARY City Attorney's Office It was moved by /A C4 n and seconded by A c g c., t1 t p the Resolution be adopted, and upon roll call there were: AyesNays Absent (. / Assouline Crane Gardinier -�j Horan Mascari Pagel of 10 COMMERCIAL BUSINESS AGREEMENT This COMMERICAL BUSINESS AGREEMENT ("Agreement") is entered into by and between the Iowa City Airport Commission ("Commission") and Care Ambulance ("Care Ambulance") in Iowa City, IA. In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties hereby agree as follows: • 1. Use of Leased Space The Commission authorizes the sublease of office space in Building"D" ("Leased Space"). The Leased Space shall be used and occupied by Care Ambulance principally for office space and parking in conjunction with an ambulatory services business. 2. . Term The term of this agreement shall commence on February 1, 2011 and shall end on the last day of the month of January, 2012. In the event Care Ambulance shall continue to occupy the Leased Space beyond the term of this Agreement without executing an Agreement for another term, such holding over shall not constitute a renewal of this Agreement but shall be on a month-to-month basis only. 3. Fee There shall be no fee for the term of this agreement. Commission and Care Ambulance acknowledge that Care Ambulance has performed maintenance and repair services to the leased space in lieu of fee at this time. 4. Use of the Agreement Space a. The Leased Space shall be used primarily for the ambulatory services business. b. No other commercial activity other than ambulatory services business shall be conducted by Care Ambulance in, from, or around the Leased Space unless approved by Commission. c. Care Ambulance shall take steps to ensure that the performance of any approved activity shall not damage the Leased Space or the Airport. d. Care Ambulance shall be responsible and liable for the conduct of its employees and invitees, and of those doing business with it, in and around the Leased Space. Care Ambulance shall keep the Leased Space clean and free of debris at all times. e. In utilizing the Leased Space during the term of this Agreement, Care Ambulance shall comply with all applicable ordinances, rules, and regulations established by federal, state or local government agencies. f. On the termination of this Agreement, by expiration or otherwise, Care Ambulance shall immediately surrender possession of the Leased Space and shall remove, at its sole expense, the vehicles and all other property Page 2 of 10 therefrom, leaving the Leased Space in the same condition as when received, ordinary wear and tear excepted. g. Care Ambulance shall be liable for any and all damage to the Leased Space caused by its use, including, but not limited to, bent or broken , interior walls, and doors due to Care Ambulance's improper or negligent operation. h. Care Ambulance agrees, at its own expense, to pay for the monthly costs of all utilities for the Leased Space. Care Ambulance is responsible for its own refuse disposal. 5. Iowa Smokefree Air Act Smoking is prohibited throughout the Airport, including the Leased Space. 6. Rights and Obligations of Care Ambulance a. Care Ambulance shall have at all times the right of ingress to and egress from the Leased Space, except as provided in Paragraph 12. To ensure this right, the Commission shall make all reasonable efforts to keep adjacent areas to the Leased Space free and clear of all hazards and obstructions, natural or manmade. b. Care Ambulance shall be responsible to maintain the interior of the Leased Space, to include, but not limited to janitorial services, maintaining all interior lights, cleaning of stoppages in plumbing fixtures and drain lines, cleaning of snow along the walkways and within 2 feet of the leased space, disposing of any debris or waste materials, and maintaining any Care Ambulance constructed structures and equipment. The Commission shall be the sole judge of the due maintenance undertaken by Care Ambulance, and may upon written notice, require specific maintenance work to be completed. If such maintenance is not completed within a reasonable time period, the Commission shall have the right to perform such due maintenance, and Care Ambulance shall reimburse the Commission for the cost of such maintenance upon presentation of a billing. c. Care Ambulance shall provide and maintain a hand fire extinguisher for the interior of the Leased Space of the building in accordance with applicable safety codes. Extinguisher must be mounted and be rated at least 2A:40BC as further defined by NFPA 10: Standard for Portable Fire Extinguishers d. Care Ambulance shall not store any materials outside the Leased Space, with the exception of the ambulatory vehicles as required for operation. e. Care Ambulance shall promptly notify the Commission, in writing, of any repairs needed on or to the Leased Space. 7. Rights and Obligations of the Commission a. The Commission shall at all times operate and maintain the Airport as a public airport consistent with and pursuant to the Sponsor's Assurances Page 3 of 10 given by Authority to the United States Government under the Federal Airport Act. b. The Commission shall not unreasonably interfere with Care Ambulance's use and enjoyment of the Leased Space. c. In no event, shall the Commission be required to maintain or repair damage caused by the negligent or willful act by Care Ambulance, its employees or agents. However, if due to any negligent or willful act by Care Ambulance, its employees or agents, there is a need for maintenance or repair of damage, then Care Ambulance shall do such maintenance or repair in a prompt, reasonable manner, as approved by the Commission. d. Snow shall be removed from the adjacent parking lot by the Commission. Snow removal on the walk ways will be the responsibility of Care Ambulance. 8. Assignment Care Ambulance shall not assign this Agreement without the prior written approval of the Commission. 9. Condition of Premises Care Ambulance shall accept the Leased Space in its present condition without any liability or obligation on the part of the Commission to make any alterations, improvements or repairs of any kind on or about said Leased Space. 10. Alterations Care Ambulance shall be permitted to make alterations to the space pending approval by Airport Commission Chair. All fixtures installed or additions and improvements made to the Leased Space shall, upon completion of such additions and improvements, become Commission property and shall remain in the Leased Space at the expiration or termination of this Agreement, however terminated, without compensation or payment to Care Ambulance. Fixtures include, but are not limited to, locks, brackets for window coverings, plumbing, light fixtures, luminaries, and any item permanently attached to the wall, floor, or ceiling of the Leased Space by means of concrete, plaster, glue, nails,bolts, or screws. 11. Hazardous Materials a. No "hazardous substance" as defined in Iowa Code section 455B.411 (2009), may be stored, located, or contained in the Leased Space without the Commission's prior written approval and be in proper storage containers b. Care Ambulance shall not handle, use, store and dispose of fuel petroleum products, and all other non-"hazardous substances" owned or used by it on the Airport in accordance with all applicable federal, state, local and airport statutes, regulations, rules and ordinances. 12. Special Events Page 4 of 10 During special events at the Airport, Care Ambulance acknowledges that the standard operation procedure at the Airport may be altered such that egress and ingress to the Leased Space may be altered by the Commission in writing. Care Ambulance's failure to comply with the altered procedure is a default of this Agreement, and the Commission may proceed to terminate this Agreement. 13. Signs Care Ambulance shall not install any sign without approval of the Commission Chair, whose approval shall not be unreasonably withheld. 14. Access and Inspection The Commission has the right to enter and inspect the Leased Space at any reasonable time during the term of this Agreement upon at least twenty-four (24) hours notice to Care Ambulance for any purpose necessary, incidental to, or connected with the performance of its obligations under the Agreement or in the . exercise of its governmental functions. In the case of an emergency, the Commission may enter the Leased Space without prior notice but will provide notice to Care Ambulance after the fact. The Commission shall not, during the course of any such inspection, unreasonably interfere with the Care Ambulance's use and enjoyment of the Leased Space. At a minimum, the Leased Space will be inspected annually. If upon execution of this Agreement, Care Ambulance desires to change the lock to the Leased Space, it shall provide written notice to the Commission before it does so, and shall provide a key to the Commission within twenty-four(24) hours of changing the lock. 15. Insurance a. Care Ambulance shall at its own expense procure and maintain Commercial General Liability, Business Auto Liability, and Workers Compensation insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage Comprehensive General (or Premises) Liability — Each Occurrence $1,000,000 and $2,000,000 aggregate Business Auto Liability$1,000,000 Each Occurrence Workers Compensation with Employers Liability limits of$100,000 Each Bodily Injury, $100,000 Each Disease and $500,000 Policy limit. b. Care Ambulance's insurance carrier shall be A rated or better by A.M. best. Care Ambulance shall name the Commission and the City of Iowa City, as additional insured. The Commission and Care Ambulance acknowledge that a Certificate of Insurance is attached to this Agreement. Care Ambulance shall provide fifteen (15) days notice to the Commission before cancellation of said insurance. c. It is Care Ambulance's responsibility to keep the insurance certificate current. If the Certificate of insurance expires during the term of the Page 5 of 10 Agreement, Care Ambulance must provide a current certificate to the Commission within seven (7) days of when the Certificate expires. 16. Casualty. In the event the Leased Space, or the means of access thereto, shall be damage by fire or any other cause, the Fees payable hereunder shall not abate provided that the Leased Space is not rendered unusable by such damage. If the Leased Space is rendered unusable and Commission elects to repair the Leased Space, the Fees shall bate for the period during which such repairs are being made, provided the damage was not caused by the acts or omissions of Care Ambulance, its employees, agents or invitees, in which case the Fees shall not abate. If the Leased Space is rendered unusable and Commission elects not to repairs the Leased Space, this agreement shall terminate. 17. Responsibility Care Ambulance agrees to be responsible for and indemnify and hold the Commission harmless from all claims and damages, included reasonable attorney fees, that directly result from the negligent acts or omission of Care Ambulance, its employees, or agents to the extent permitted by law. The Commission shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by an act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Commission's control. 18. Disclaimer of Liability The Commission hereby disclaims, and Care Ambulance hereby releases the Commission from any and all liability, whether in contract or tort(including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Care Ambulance, its employees, or agents during the term of this agreement, including, but not limited to, loss, damage or injury to vehicles or other property of Care Ambulance that may be located or stored in the Leased Space, unless such loss, damage or injury is caused by Commission's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Commission be liable for indirect consequential, special or exemplary damage, whether in contract or tort (including strict liability and negligence), such as, but not limited to loss of revenue or anticipated profits or other damage related to the usage of the Leased Space under this Agreement. 19. Event of Default This Agreement shall be breached if: (a) Care Ambulance fails to make fee payments; or (b) Care Ambulance or the Commission fails to perform any other covenant herein and such default shall continue for five (5) days after the receipt by the other party of written notice. • Page 6 of 10 Upon the default by Care Ambulance, or at any time thereafter during the continuance of such default, the Commission may take any of the following actions and shall have the following rights against Care Ambulance: a. Termination. Commission may elect to terminate the Agreement by giving no less than thirty (30) days prior written notice thereof to Care Ambulance and upon passage of time specified in such notice, this Agreement and all rights of Care Ambulance hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Care Ambulance shall remain liable as provided in this paragraph. b. Commission shall have the immediate right upon Termination of this Agreement to bring an action for forcible entry and detainer. c. Care Ambulance to remain liable. No termination of this Agreement pursuant to this paragraph, by operation or otherwise, and no repossession of the Leased Space or any part thereof shall relieve Care Ambulance of its liabilities and obligations hereunder, all of which shall survive such Termination. d. Damages. In the event of any occurrence of an Event of Default caused solely by Care Ambulance, Care Ambulance shall pay to the Commission the Fees and other sums and charges required to be paid by Care Ambulance for the period to and including the end of the Term. In the event of any occurrence of an Event of Default not caused solely by Care Ambulance or for any other cause for Termination of this Agreement, Care Ambulance shall only pay such Fees and charges for the period to and including the date of Termination. 21. Security. Care Ambulance acknowledges that the FAA or another governmental entity or subdivision may enact laws or regulations regarding security at general aviation airports such that the Commission may not be able to comply fully with its obligations under the Agreement, and Care Ambulance agrees that the Commission shall not be liable for any damages to Care Ambulance that may result from said non-compliance. 22. Termination • Either party to this Agreement shall have the right, with cause, to terminate this Agreement by giving thirty(30) days' prior written notice to the other party. 23. Anti-Discrimination Provision Care Ambulance shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, Page 7 of 10 national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public Accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public 24. FAA Provisions. a. Tenant, for itself, heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (license, Agreement, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. b. Tenant, for itself, personal representatives, successors in interest, and assigned, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that Tenant, shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. c. It in understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. This Agreement shall be subordinate to the provisions of any outstanding or future agreement between the Commission and the United States government or the Commission and the State of Iowa relative to the maintenance, operation, or development of the Iowa City Municipal Airport. Tenant acknowledges and agrees that the rights granted to Tenant in this Agreement will not be exercised so as to interfere with or adversely affect the use, operation, maintenance or development of the Airport Page 8ofI0 d. Tenant agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Tenant may make reasonable and non-discriminatory discounts,rebates, or other similar types of price reductions to volume purchasers. e. The Commission reserves the right (but shall not be obligated to Tenant) to maintain and repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of Tenant in this regard. a. The Commission reserves the right further to develop or improve the landing area and all publicly-owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of Tenant, and without interferences or hindrance. b. The Commission reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstructions, together with the right to prevent Tenant from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of the Commission would limit the usefulness of the airport or constitute a hazard to aircraft. h. During time of war or national emergency, the Commission shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly-owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. It is understood and agreed that the rights granted by this Agreement will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport. j. There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in saidairspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the airport. k. The Agreement shall become subordinate to provisions of any existing or future agreement between the Commission and the United States of America or any agency thereof relative to the operation, development, or Page 9 of 10 maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. 25. Remedies Cumulative. The rights and remedies with respect to any of the terms and conditions of this Agreement shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party in law or equity. 26. Notices. Any notice, for which provision is made in this Agreement, shall be in writing, and may be given by either party to the other, in addition to any other manner provided by law, in any of the following ways: a. by personal delivery to the Airport Commission Chairperson b. by service in the manner provided by law for the service of original notice,or c. by sending said Notice by certified or registered mail,return receipt requested, to the last known address. Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. (1) If to the Commission,addressed to: Iowa City Airport Commission Iowa City Municipal Airport 1801 S.Riverside Drive Iowa City, IA 52246 • (2) If to Care Ambulance, addressed to: Care Ambulance Attn: Bob Libby P.O. Box 261 Iowa City, IA 52240 r{ 27. Integration. This Agreement constitutes the entire agreement between the parties, and as of its effective date supersedes all prior independent agreements between the parties related to the leasing of the Hangar Space. Any change or modification hereof must be in writing signed by both parties. 28. Waiver. The waiver by either party of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms hereof. - Page 10 of 10 29. Successors Bound. This Agreement shall be binding and shall inure to the benefit of the heirs, legal representatives, successors and assigns of the parties hereto. 30. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. Iowa Cif)/ •I .ort Co j • t'alitorLsaitir - Approved: N 1 3 (/ City Attorney's office Title: Chairperson Date: /- Zo-ll Care Ambulance By: %-i-e--„Z•75 n Title: "tLe" Date: '/¢o/ it 0 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 "HANGAR A DRAINAGE IMPROVMENTS" WHEREAS, the Commission's consultant for the Hangar A Drainage Improvements, AECOM Technical Services Inc.. has recommended that the work on the Hangar A Drainage Improvements by Maxwell Construction Co.; be accepted as complete. WHEREAS, the final contract price is $43,075.12, and includes $44,863.00 from the original contract; and ($1,787.88) from Change Order#1 for actual quantities installed. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: Said improvements are hereby accepted by the Iowa City Airport Commission. Passed and approved this `') (1"" - day of � k Q , 2011. / `' CHAIRPERSON Approved by ATTEST: •G`•-C SaWI `( S —(( SECRETARY City Attorney's Office It was moved by 66 and seconded by N 5 the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline )1 Crane )C Gardinier Horan Mascari J AEwOM AECOM 515 tel ` 500 SW 7th Street 5152444803 fax Suite 301 Dee Moines,Iowa 50309 www.aecom.com January 18, 2011 Mr. Howard Horan Iowa City Airport Commission 1801 S. Riverside Drive Iowa City, IA 52246 RE: Drainage Improvements T-Hangar'A' Iowa City Municipal Airport _ City of Iowa City, Iowa IDOT AIP No. 91-10-01Ow-100 AECOM Project No. 60155584 Dear Mr. Horan: By this letter,we hereby state: 1. We have made a final review of the project on October 8, 2010, and subsequent reviews of the project on November 1, 2010, and November 18, 2010. 2. To the best of our knowledge and belief, based on observations of AECOM staff during construction, the contractor, Maxwell Construction Inc., has performed the work in accordance with the proposal requirements in effect for the above-referenced project. 3. The total cost of the completed work is$43,075.12. I hereby certify that this engineering document was prepared by me or %oo<'pF ESS IO,yj'.", under my direct personal supervision and that I am a duly licensed •.• - .' \ Professional Engineer under the laws of the state of Iowa. w°i' if,: HUG e. tc HUGHES Z e u 1 13037 :m 5 11J a—.\ �J ,V'^'i4-+-ia� t L'i I I ' '� ` David B. Hughes r Date '' License No. 13037 My license renewal date is December 31, 2011. Pages or sheets covered by this seal: L9wotltlpro3cl\601555841CNrvAirfleltl Pavement RohabwtlMn\Vensc‘➢reinege Improvement9 T-Han9or'A1HH017811.IV.Goc Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. ,l RESOLUTION APPROVING CONTRACT WITH FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC FOR ENGINEERING SERVICES FOR DESIGN AND BIDDING PHASES OF CORPORATE HANGAR "L" WHEREAS, the Commission desires to secure the services of the Foth Infrastructure and Environment, LLC to provide engineering design services related to the proposed Iowa City Municipal Airport Corporate Hangar "L " Construction Project; and WHEREAS, the design services to be provided for project, as outlined above, shall include pre- engineered hangar selection, site planning, taxilane design, infrastructure design (storm sewer, sanitary sewer, subdrain, and water main), general site earthwork, utility coordination, mechanical and electrical design, architectural design for office space build-out and potential central restroom facility, periodic estimates of probable construction costs, and plan and specification preparation; and WHEREAS, it is in the Commission's best interest to approve the attached Consultant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. The Chairperson is authorized to sign the attached Consultant Agreement. Passed aid approved this day of {1- vt,i , 2011. Aft. :11Mr..siINME C . • 'PERSON Ap roved (G _ r ATTEST: SECRETARY City Attorney's Office It was moved by G 4- vwe-v- and seconded by C 41 r", the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline —44.• Crane Gardinier t// Horan Mascari CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of 2011 , by and between the Iowa City Airport Commission, Iowa City, Iowa, hereinafter referred to as the Commission and Foth Infrastructure and Environment, LLC. , of Cedar Rapids , hereinafter referred to as the Consultant. WHEREAS, the Commission desires to secure the services of the Consultant to provide engineering design services related to the proposed Iowa City Municipal Airport Hangar Construction. WHEREAS, the design services to be provided for project, as outlined above, shall include pre- engineered hangar selection, site planning, taxilane design, infrastructure design (storm sewer, sanitary sewer, subdrain, and water main), general site earthwork, utility coordination, mechanical and electrical design, architectural design for office space build-out and potential central restroom facility, periodic estimates of probable construction costs, and plan and specification preparation. NOW THEREFORE, it is agreed by and between the parties hereto that the Commission does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the engineering services for the Commission, and to do so in a timely and satisfactory manner. Services provided under this agreement shall be as further described in Attachment A, attached and incorporated herein. The Commission agrees to provide the information stated in Attachment D, attached and incorporated herein. II. TIME OF COMPLETION The Consultant shall complete all phases of the Project in accordance with the schedule shown, assuming notice to proceed is issued by the Commission on or before February 28th, 2011. The schedule of the work to be performed shall conform to the Schedule set forth in Attachment B, attached and incorporated herein. Any deviations from the Schedule shall be approved by the authorized Commission representative. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the Commission terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "Not-to-exceed" amount listed in Section IV. The Commission may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. - 2 - C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the Commission for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the Commission that all records and files pertaining to information needed by the Consultant for the project shall be available by said Commission upon reasonable request to the Consultant. The Commission agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the Commission, the Consultant shall attend meetings of the Commission relative to the work set forth in this Agreement. Any requests made by the Commission shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the Commission, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the Commission's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The Commission agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the Commission to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the Commission. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the Commission. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract - 3- with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the Commission in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES METHOD OF PAYMENT, LUMP SUM: In consideration of the Design Phase services, work, equipment, supplies, or materials provided herein, the Commission agrees to pay the Consultant$87,363.00, including any authorized reimbursable expenses, based on the following distribution: Contract Management $ 11,313.00 Survey and Mapping $ 5,350.00 Design $ 70,700.00 Total $ 87,363.00 Consultant shall bill Commission monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of Commission's receipt of invoice. METHOD OF PAYMENT, STANDARD HOURLY RATES: In consideration of the Bidding Phase services, work, equipment, supplies, or materials provided herein, the Commission agrees to pay the Consultant $12,172.00 NOT-TO-EXCEED FEE (Unit Cost/Time Charges), including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment C, attached and incorporated herein. Bidding Phase Services $ 12,172.00 Total $ 12,172.00 V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. -4- FOR THE COMMISSION FOR THE CONSULTANT Foth Infrastructure and Environment, LLC Signature: Signature: Name: Name: David D. Kapler Title: Title: Senior Project Manager Date: Date: Appmed By a'- cep` (r City Attorney's Office Foth Infrastructure and Environment,LLC. Iowa City Municipal Airport Hangar Construction Project No.101008.00 Iowa City,Iowa ATTACHMENT "A" - SCOPE OF SERVICES Iowa City Municipal Airport Hangar Construction Iowa City, Iowa The work to be performed by the Consultant under this agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to complete the proposed Iowa City Municipal Airport Hangar Construction design and bidding phase services. The proposed project involves engineering design and bidding services for the construction of six(6) pre- engineered aircraft hangars of approximately 60 ft x 60 ft with a construction budget of $900K meeting Group III hangar classification and Type I or II construction through construction type and/or location as required to maintain classification per NFPA 220 and assumes no requirement for foam or sprinkler fire protection. The design services to be provided for project, as outlined above, shall include pre-engineered hangar selection, site planning, taxilane design, infrastructure design (storm sewer, sanitary sewer, subdrain, and water main), general site earthwork, utility coordination, mechanical and electrical design, architectural design for office space build-out and potential central restroom facility, periodic estimates of probable construction costs, and plan and specification preparation. The bidding services to be provided for project, as outlined above, shall include mass production of Plans and Specifications, distribution to bidders, and maintaining a plan holders list. The scope of services to be performed by the Consultant shall be completed in accordance with generally accepted standards of practice and shall include the services to complete the following phases/tasks: TASK A-Contract Management 1.0 Project Administration A. Project Management The project manager will be responsible for the development and tracking of the project plan and scope for the project development. This includes task identification, staff scheduling and coordination, project communications, coordination with other members of the project team, monthly progress reporting and invoicing, and other important elements of the project. The Consultant shall inform the Commission of any services required which may not be included in the scope of the services contract approved by the Commission for this Project. It will be the responsibility of the Consultant to make the Commission aware of any potential change orders to the contract before the services are rendered. This notice must occur prior to any extra services being performed. Only those services approved by the COMMISSION are eligible for compensation. The project duration to completion of final construction plans suitable for bidding is assumed to be five (5)months. B. Project Review Meetings. Maintain communications with the COMMISSION and other designated representatives. Meet to review progress and to discuss specific elements of the project(assume (5) meetings in Iowa City). The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various entities, improve the decision-making process, and expedite design development. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, it is assumed that the meetings will be attended by two (2) staff members of the Consultant. x:1CR11E\2010\101008-0011000 Budgetlsos-100110-ICIOADsgn.doc 1 Foth Infrastructure and Environment.LLC. Iowa City Municipal Airport Hangar Construction Project No.101008.00 Iowa City,Iowa The following project meetings are included with the scope of work: Project Kickoff and Conceptual Design—one (1) meeting Preliminary Design Phase-one (1) meeting Prospective Tenants—one (1)meeting Final Design Phase-one (1) meeting Note: there is one (1) additional meeting included for miscellaneous purposes. C. Utility Coordination Meetings The Consultant will conduct meetings with individual utility companies to address any anticipated conflicts and to coordinate service to the proposed development site. It is anticipated that there will be one (1) meeting with representatives of the various utility companies. The first will be to notify them of the project and to provide them with a brief synopsis of the anticipated utility needs, and the second will be preliminary/final design review and coordination meetings. D. Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. E. Sub-Consultant Management Prepare subcontracts and work orders for Sub-consultants. Monitor Sub-consultant activities. Review invoices and submit to the COMMISSION for payment. Coordinate Sub-consultant activities with Miller Dunwiddie (architectural), KJWW(mechanical and electrical engineering), and Terra con (geotechnical). • TASK B—Survey and Mapping 1.0 Design Surveys The Consultant shall perform field and office tasks required to collect supplemental topographic information deemed necessary to complete the project. The COMMISSION shall provide aerial photographic and other available mapping of the Project area. The specific supplemental survey tasks to be performed include the following: A. Control Surveys The Consultant will establish horizontal and vertical control for the project area. Each permanent control point or benchmark shall have horizontal coordinates or elevation, recovery information and monument description. Accurate descriptions of the horizontal control points and benchmarks will be created and recorded on the plan sheets. The horizontal control will be based on the US state plane Iowa south zone US survey foot NAD 83 (1996 Ham) and the vertical control based on NAVD 88. B.Topographic Survey The Consultant shall perform topographic surveys required for the development of the project and to supplement the existing topographic mapping provided by the Commission. Horizontal and vertical accuracies shall be adequate to produce a map that is compatible with the topographic data for incorporation into the existing mapping. This task consists of 50'x50'topographic survey grid, location and elevation of key section breaks, approximate hangar outline, edges of pavement and/or gutter, perimeter fence, taxilane, utility tie-ins and other miscellaneous features. C. Utility Surveys The Consultant shall perform utility surveys for the development of the project. Contact utility owners of record or the"one call" representative, request that buried utilities be marked in the field and obtain existing utility map. Establish coordinates and elevations (if possible)for utilities that fall within the limits of the project and are visible or have been marked on the ground by the utility owner. Show utility name and describe the utility on the plans. X1CR\IE\2010\101008-00\1000 Budget\sos-100110-ICIOADsgn.doc 2 Foth Infrastructure and Environment,LLC. Iowa City Municipal Airport Hangar Construction Project No.101008.00 Iowa City,Iowa This task consists of a field survey indicating the location of utilities within the proposed project site development. The Consultant shall field locate utility locations established by others; excavating to expose buried utilities is not part of this contract. Utilities to be surveyed include phone, gas, fiber optic, water main, overhead/underground electrical, sanitary sewer and storm sewer(including power poles, pedestals, valves and manholes). This includes establishing manhole and invert elevations for existing sanitary, storm sewers and culverts. D. Soil-Boring Location Survey Perform soil-boring location surveys to establish location and elevation of proposed geotechnical investigations consisting of 2 soil borings. The Sub-Consultant shall field locate boring locations. TASK C—Design Phase Services 1.0 Civil Design Services Civil design will include Commission and prospective tenant reviews, Conceptual, Preliminary, and Final design development, focusing on developing a site plan that not only lends itself to current use but also future development, base mapping, grading, paving, site drainage, and public utilities. Civil design will also include preparation and submittal of FAA Form 7460-1 to FAA Central Region, assisting COMMISSION in preparing applications for permits, preparing the NPDES Storm Water Discharge Permit, and Pollution Prevention Plan. Any fees for construction permits, licenses or other costs associated with permits and approvals shall be the responsibility of the COMMISSION. The Consultant shall provide technical criteria, written descriptions, and design data for the COMMISSION's use in filing the applications for permits. The Consultant shall prepare the permit applications and other documentation. Also included in this task is preparation of previously completed ACIP data sheets. 2.0 Geotechnical Engineering Services Perform geotechnical exploration for the project site. This task includes conducting 2 test borings within the proposed hangar site. Borings will average 20 feet deep. This task includes laboratory testing, engineering soil analyses and a written report. 3.0 Design of Architectural Systems including: A. Development of hangar layout options from preliminary and prospective tenant review meetings. B. Prepare office layouts and incorporate Commission and prospective tenant's comments. C. Develop potential restroom layout options within the hangars and/or centralized exterior restrooms for multiple hangar tenant usage and also interior layout. 4.0 Design of Mechanical and Electrical Systems including: A. Mechanical systems: 1. Plumbing systems: a) Domestic hot and cold water for central restrooms and rough-in for restrooms in hangars. b) Sanitary drainage and venting for each hangar and central restrooms. c) Natural gas piping within the building footprint for heating systems. 2. HVAC system: a) Heating and ventilating of the hangar spaces. b) Toilet exhaust. x:\CR\IE\2010\101008-0011000 Budget\sos-100110.ICIOADsgn.doc 3 Foth Infrastructure and Environment,LLC. Iowa City Municipal Airport Hangar Construction Project No.101008.00 Iowa City,Iowa B. Electrical Systems: 1. Incoming electrical service, power distribution, and grounding. 2. Interior lighting and controls. 3. Hangar mounted exterior lighting. 4. Fire alarm 5. Telecommunications conduit rough in. 5.0 Preparation of Project Manual This task consists of preparation of applicable Civil, Architectural, Mechanical and Electrical specifications specific to the construction requirements of this project, utilizing the standard City or Commission front- end documents, including conditions of the contract, and CSI's MasterFormat. Technical specifications will incorporate current FAA construction requirements in AC 5370-10E (or current version) and appropriate FAA Central Region Standards and Modifications. Specifications will also include 150/5370- 2E"Operational Safety on Airports during Construction" and geotechnical reports. 7.0 Final Plans Preparation of documents suitable for bidding and construction purposes incorporating review comments from COMMISSION and including proposed construction alternates, plan, elevation, and section views and details. 8.0 Opinion of probable construction cost Prepare opinion of probable construction cost for the project based on historic unit price data and current construction environments. TASK D—Bidding Phase Services The CONSULTANT will coordinate and manage the letting process of the project. For estimating purposes, one (1) letting has been included as part of this scope of services. The work task to be performed or coordinated by the COMMISSION is the notice of project publication. The work tasks to be performed or coordinated by the Consultant during the Bid Period Services shall include the following: 1.0 Printing of Plans and Specifications - This task consists of printing and handling the Plans and Specifications. For budget purposes it is estimated that 50 full-size (11"x17") plan sets and specifications will be duplicated, assembled, and distributed by the CONSULTANT. One (1) set of the Plans and Specifications will be delivered to the COMMISSION for their file. 2.0 Notice of Project The Consultant shall prepare the formal Notice of Hearing and Letting. The COMMISSION shall handle publication of the Notice of Hearing and Letting. The Consultant shall also prepare and disseminate an informal notice to contractors concerning the upcoming Project and maintain a 'plan holders' list. 3.0 Plan Clarification, Addenda and Pre-Bid Meeting The Consultant shall assist the COMMISSION during the bid periods in answering questions regarding the design intent. The CONSULTANT shall conduct a pre-bid conference and prepare addenda as appropriate to interpret, clarify or expand the bidding documents. Plan clarification information and addenda will be distributed to the project plan holders by the Consultant. 4.0 Letting, Bid Tabs, and Award Recommendation The Consultant shall be a representative present when the bids and proposals are opened, shall make tabulations of bid for the COMMISSION, shall advise the COMMISSION on the responsiveness of the bidders and assist the COMMISSION in making the award of contract, including preparation of necessary contract documents. x:\CR\IE@010\101008-00\1000 Budget\sos-100110-ICIOADsgn.doc 4 Foth Infrastructure and Environment,LLC. Iowa City Municipal Airport Hangar Construction Project No.101008.00 Iowa City,Iowa ADDITIONAL SERVICES: Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1.) Sophisticated computer animations, "fly-through" or movies, photo-realistic renderings, or physical models of the building. 2.) Development of an arc flash hazard analysis or modifications to an existing arc flash analysis for the facility. 3.) Life cycle cost analysis for HVAC, domestic hot water, or building envelope selection, ASHRAE90.1 Energy Standards confirmation or building modeling, or LEED criteria evaluation, calculation, justification and documentation. 4.) Lightening protection system evaluation and design. 5.) Airfield Lighting and Signage. 6.) Construction Administration Services 7.) Resident Project Engineer Services 8.) Construction Survey 9.) Construction Testing Services 10.)Updating of any Airport Layout Drawings. X:\CR\IE\2010\101008-00\1000 Budget\sos-100110-ICIOADsgn.doc 5 Foth Infrastructure and Environment,LLC. Iowa City Municipal Airport Hangar Construction Project No.101008.00 Iowa City,Iowa ATTACHMENT "B" - SCHEDULE Iowa City Municipal Airport Hangar Construction Iowa City, Iowa The Consultant shall complete the following phases of the Project in accordance with the schedule shown, assuming notice to proceed is issued by the Commission on or before February 28, 2011. Consultant Contract approval February 17, 2011 Project Kickoff and Conceptual Design March 2011 Preliminary Plans April 2011 Final Plans May 2011 Project Letting May 2011 Award of Contract June/July 2011 If notice to proceed is given at a later date,time of completion shall be extended accordingly. X:\CR\IE@010\101008-00\1000 Budget\sos-100110-ICIOADsgn.doc 6 Foth Infrastructure and Environment,LLC. Iowa City Municipal Airport Hangar Construction Project No.101008.00 Iowa City,Iowa ATTACHMENT "C" - STANDARD RATES Iowa City Municipal Airport Hangar Construction Iowa City, Iowa FOTH INFRASTRUCTURE AND ENVIRONMENT, L.L.0 2011 STANDARD HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE Project Director $152.00 Project Manager III $146.00 Project Manager II $135.00 Project Manager I $124.00 Project Scientist $131.00 Lead Engineer $135.00 Project Engineer III $124.00 Project Engineer II $114.00 Project Engineer I $103.00 Staff Engineer III $101.00 Staff Engineer II $97.00 Staff Engineer I $91.00 Lead Technician $101.00 Engineering Technician III $97.00 Engineering Technician II $93.00 Engineering Technician I $84.00 CAD Technician $82.00 Construction Manager $117.00 Lead Field Technician $96.00 Field Technician III $85.00 Field Technician II $72.00 Field Technician I $58.00 Land Surveyor $103.00 Administrative Assistant $60.00 REIMBURSABLE EXPENSES 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2. Auto mileage will be reimbursed per the standard mileage reimbursement established by the Internal Revenue Service. Service vehicle mileage will be reimbursed on the basis of$0.72 per mile. 3. Charges for outside services such as soils and materials testing,fiscal, legal will be billed at their invoice cost plus 15%. 4. All other direct expenses will be invoiced at cost plus 10%. ADJUSTMENTS TO FEE SCHEDULE 1. Fee schedule effective January 1, 2011. Rates subject to change upon 30 days'written notice. X:\CR\IE\2010\101008-0011000 Budget\sos-100110-ICIDADsgn.doc 7 Foth Infrastructure and Environment,LLC. Iowa City Municipal Airport Hangar Construction Project No.101008.00 Iowa City,Iowa ATTACHMENT "D" - COMMISSION'S RESPONSIBILITIES Iowa City Municipal Airport Hangar Construction Iowa City, Iowa The Commission shall provide the following: 1. All necessary electronic plan and contour drawings, dtm drawings, orthophotos and current Johnson County Parcel drawings (for use in supplementing surveyed areas). 2. Any existing plans/record drawings and utility maps for the airport. X:\CR\IE12010\101008-00\1000 Budget\sos-100110-ICIOAOsgn.doc 8 Foth Infrastructure and Environment,LLC. Iowa City Municipal Airport Hangar Construction Project No.101008.00 Iowa City,Iowa ATTACHMENT "E" - INSURANCE CERTIFICATES Iowa City Municipal Airport Hangar Construction Iowa City, Iowa The pertinent insurance certificates to be submitted upon acceptance of Engineering Proposal. X:\CR\IE\2010\101008-00\1000 Budget\sos-100110-ICIOADsgn.doc 9 • • WES P^^•.'vs:vs n.n.mso:rr Engineering Service Task Assignment Sheet 4 E S a e '. Project:Iowa City Municipal Airport Hangar i C _ F °e I Pe Pj' g 1 xexuna Coonstn'ction F a .+ em a' I e City,IA-x011 I a 2 I I i - T - # S ni m k + -v:y°s.010.0nP _. _. - -1. + - r,vram _4_ -I - - } 4 i- + * } + u _ _ __ _ __ + _ __ ____ 1 I TAM a Taro I 1 e. i ie _. _ + _ _ _ + . . + + _ _ __ _ _._. . _ __ r ammiomom- 0 ° o I o I n I no 0 e _ nnu e + + + Ie # + Hi SnafisetistH = it + t __ T.e - .. 0'S !w om — ,,,„ 5. , , Ta0 Po ie i t _ $ — - -___ae # + + 0000; 3014 00 000 4 + -- -- ,i.,. ><a+ 0 ve..00 ° es,1 Total nrr + Tp $99,530.00 cocomo+.l,o,lervu a1+v..ee,x+„„ nom Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. /94/-e 9 RESOLUTION AUTHORIZING THE CHAIRPERSON TO EXECUTE AND THE SECRETARY TO ATTEST TO A SUPPLEMENTAL LEASE AGREEMENT BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA,AND UNITED STATES GOVERNMENT WHEREAS,the parties hereto desire to amend ground lease agreement number DACA45-5-07- 0151 entered into on April 23,2008,for the term beginning 01 August 2007,renewable thereafter from year to year without notice until 31 July 2009;and WHEREAS,the U.S. Government has a continued need for this property and requests that this use shall continue as is and uninterrupted until 28 February 2011; and WHEREAS, it is advantageous and in the best interest of the U.S. Government and the Commission to modify said lease for the purpose stated above: NOW,THEREFORE,BE IT RESOLVED BYU THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That the attached supplemental lease agreement is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to the supplemental lease agreement between the Airport Commission and the United States Government. It was moved by 'k5 ccfl and seconded byf s-550-..b-4- the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline ✓ Crane I V Gardinier c�j Horan ✓ Mascari / V-1 �t (iv v�Q011. Passed • • *p •wed this / Approved By: CHAI` 'ERSO ATTEST: = 7/1:401 . `( �`ft SECRET• 'Y City Attorney's Office U.S. ARMY CORPS OF ENGINEERS SUPPLEMENTAL AGREEMENT DATE NORTHWESTERN DIVISION, NO. 1 OMAHA DISTRICT TO LEASE NO. SUPPLEMENTAL LEASE AGREEMENT DACA45-5-07-0151 ADDRESS OF PREMISES: 1913 South Riverside Dr. Iowa City, Iowa 52248(Adjoining to the West of the USARC) THIS AGREEMENT, made and entered into this date by and between: The Iowa City Airport Commission Tax I.D.#42 600 4805 Whose address is: 1801 South Riverside Dr. Iowa City, Iowa 52248, Hereinafter called the LESSOR,and the UNITED STATES OF AMERICA,hereinafter called the Government: WHEREAS,the parties hereto desire to amend the above lease entered into agreement DACA45-5-07-0151,for the term beginning 01 August 2007,renewable thereafter from year to year without notice until 31 July 2009;and WHEREAS,the Government has a continued need for this property and requests that this use shall continue as is and uninterrupted until 28 February 2011;and WHEREAS,it is advantageous and in the best interest of the Government and Lessor to modify said lease for the purpose stated above; NOW THEREFORE, effective 01 August 2009, in consideration of the premises,Lease No.DACA45-5-07-0151 is supplemented in the following particulars,but in no others: Condition No. 5,as amended, is deleted in its entirety and the following substituted therefor: "5. This lease shall be automatically renewed from year-to-year without further notice unless and until the Government shall give notice of termination in accordance with clause 4; Provided that adequate appropriations are available from year-to-year for the payment of rentals;and Provided further,that this lease shall in no event extend beyond 28 February 2011." All other terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF,the parties subscribed their names as of the above date. LESSOR: The Iowa City Airport Commission,Tax ID#42 600 4806 By (Signature) (Title) IN PRESENCE OF Witness Signature Witness Address UNITED STATES OF AMERICA BY Approved By LON G. LARSON Chief, Real Estate Division Cf 7 Real Estate Contracting Officer �-- City Attorney's ntey'S Office. Prepared by: Susan Dulek, Assistant City Attorney, 410 E.Washington St., Iowa City, IA 52240(319) 356-5030 RESOLUTION NO. /9//GAS RESOLUTION SETTING A PUBLIC HEARING FOR MARCH 17, 2011, REGARDING THE INTENT TO ENTER INTO A GROUND LEASE AGREEMENT WITH THE U.S. GOVERNMENT. WHEREAS, the U.S. Government would like to enter into a ground lease for the U.S. Army Reserves to park vehicles and equipment on vacant airport property west of 1913 S. Riverside Drive; and WHEREAS, the attached lease 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 March 17, 2011 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 y of FL( �� t� , 2011. CHAIRPERSON A••roved& obi ' ATTEST: - ( q -(( riLt SECRETARY City Attorney's Office It was moved by (f1-0Cc and seconded by 6 ."1: the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Assouline Crane Gardinier Horan Mascari DACA45-5-11-00049 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE LEASE NO. DACA45-5-11-00049 THIS LEASE,made and entered into this date,by and between the Iowa City Airport Commission whose address is 1801 South Riverside Drive,Iowa City,Iowa 52248 and whose interest in the property hereinafter described is that of owner(as certified),for itself, its successors, and assigns,hereinafter called the Lessor, and the UNITED STATES OF AMERICA,hereinafter called the Government: WITNES SETH: The parties hereto for the considerations hereinafter mentioned,covenant and agrees as follows: 1.The Lessor hereby leases to the Government the following described premises: Exclusive use of approximately 24,000 square feet of land, described as a level fenced in storage area located:immediately to the West of the adjacent U.S.Army Reserve Center whose address is 1913 South Riverside Drive,Iowa City,Iowa 52248 as more particularly shown on Exhibit "A",attached hereto and made a part hereof,to be used for Government purposes. 2.TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on"01 March,2011" through"29 February 2012", subject to termination and renewal rights as may be hereinafter set forth. Nothing in this lease shall constitute,or be deemed to constitute,an obligation of future appropriations by the United States or considered as implying that the Congress will appropriate additional funds. 3.The Government shall pay the Lessor annual rent of Four Thousand Two Hundred Dollars ($4,200.00)at the rate of Three Hundred Fifty Dollars($350.00)per month in arrears. Rent for a lesser period shall be prorated. All payments by the Government under the terms of this lease shall be made payable to: Iowa City Airport Commission, 1801 South Riverside Drive, Iowa City,Iowa 52248 via electronic funds transfer(EFT)(as referenced in the General Clauses and Conditions.) Payments shall be made by the Army Reserves 88°1 RSC,via DFAS Indianapolis Center 8899 E. 56th Street Attn: Dept 3800 Indianapolis,IN 46249-3800 Fund Citation: STANDARD FORM 2(REV.612003) 1 DACA45-5-11-00049 4. The Government may terminate this lease at any time by giving at least 30 days'notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. This lease shall be automatically renewed from year-to-year without further notice unless and until the Government shall give notice of termination in accordance with clause 4; provided that adequate appropriations are available from year-to-year for the payment of rentals; and provided further, that this lease shall in no event extend beyond 29 February 2016. 7. The following are attached and made a part hereof: a. The General Clauses, Conditions and Instructions (1-37) b. Representations and Certifications (1-2) c. Exhibit" A ", Site Plan 8.The following changes were made in this lease prior to its execution: NOTICES: Any notice under the terms of this Lease is to be given in writing and delivered by"Certified Mail,Return Receipt Requested"or registered mail,Express Mail or comparable service,or delivered by hand and delivery,whether accepted or refused, attempted delivery,or marked undeliverable,shall be deemed notice under the terms of this Lease. Any notice given by the Lessor to the Government shall be addressed to: Omaha District Commander, U.S.Army Engineer District,ATTN: CENWO-RE-M, 1616 Capitol Avenue, Suite 9000,Omaha,Nebraska 68102-4901;with reference to the Lease number: DACA45-5-11-00049. Any notice given by the Government to the Lessor or his agent shall be addressed to: Michael Tharp; of the Iowa City Airport Commission,Iowa City,Iowa 52248,Email: Michael- Tharp@iowa-city.org and Phone Number: (319)356-5045 Ext.5 For maintenance purposes notice shall be addressed to: [Michael Tharp, (319)356-5045 Ext.5, Michael-Tharp@iowa-city.org] The remainder of this page is blank STANDARD FORM 2(REV.6/2003) 2 DACA45-5-1 1-00049 IN WITNESS WHEREOF,the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR: LESSOR: Signature Signature Name of signer(please print) Name of signer(please print) GOVERNMENT: LON G.LARSON Chief, Real Estate Division Real Estate Contracting Officer STANDARD FORM 2(REV.6/20D3) 3 DACA45-5-11-00049 General Clauses and Conditions: (8) strikes, (9) freight embargoes, 1.DEFINITIONS (SEP 1999) (VARIATION) — (10) unusually severe weather, or 552.270-4: (11) delays of subcontractors or suppliers The following terms and phrases (except as at any tier arising from unforeseeable causes otherwise expressly provided or unless the beyond the control and without the fault or context otherwise requires)for all purposes of this negligence of both the Lessor and any such lease shall have the respective meanings subcontractor or supplier. hereinafter specified: Q) "Lessee" means"Government." (a) "Casualty" means, but is not limited to, (k) "Lessor" means "Owner" or the sub- acts of nature, such as fire, lightning, Lessor if this lease is a sublease. earthquakes, floods, or severe weather and acts (I) "Lessor shall provide" means the Lessor of war or terrorism. shall furnish and install at Lessor's Expense. (b) "Commencement Date" means the first (m) "Notice". Unless otherwise stated or in day of the term. case of an emergency or threat to health, safety, (c) "Common area" means "that part of the and security, "Notice" means written notice sent premises provided, designated, and maintained by certified or registered mail, Express Mail or by the Lessor for the common use of all tenants; comparable service, or delivered by hand. including but not limited to, private streets and Notice shall be effective commencing on the day driveways, curbs, parking areas, service alleys, after the date the notice is mailed. loading areas, retaining walls, sidewalks, (n) "Premises" means the space described landscaping, lighting, hallways, restrooms, - on the U.S. Government Lease for Real stairwells, and elevators." Property lease form. (d) "Contract' and "Contractor" means (o) "Substantially complete" and "substantial "Lease"and"Lessor,"respectively. completion" means that the work, the common (e) "Contracting Officer" or "Government' and other areas of the building, and all other means a person with the authority to enter into, things necessary for the Government's access to administer, and/or terminate contracts and make the premises and occupancy, possession, use related determinations and findings. The term and enjoyment thereof, as provided in this lease, includes certain authorized representatives of have been completed or obtained, the Govemment acting within the limits of their excepting only such minor matters as do not authority as delegated by the Government. interfere with or materially diminish such access, (f) "Delivery Date" means the date occupancy, possession, use or enjoyment specified in or determined pursuant to the (p) "Usable square feet means the usable provisions of this lease for delivery of the office area or the area where a tenant normally premises to the Government, improved in houses personnel and/or furniture, for which a accordance with the provisions of this lease and measurement is to be computed." substantially complete, as such date may be (q) "Work" means all alterations, modified in accordance with the provisions of improvements, modifications, and other things this lease. required for the preparation or continued (g) "Delivery Time" means the number of occupancy of the premises by the Government days provided by this lease for delivery of the as specified in this lease. premises to the Government, as such number may be modified in accordance with the 2. ALTERATIONS: The Government shall provisions of this lease. have the right during the existence of this lease (h) "Effective Date" means the date on which to make alterations, attach fixtures, and erect the lease is signed by the Government. additions, structures or signs in or upon the (i) "Excusable Delays" mean delays arising premises hereby leased. Upon Government without the fault or negligence of Lessor and . request, the Lessor shall be required to Lessor's subcontractors and suppliers at any obtain bids for the said work and to provide tier, and shall include, without limitation: the bids to the Government Any work to be (1) acts of God or of the public enemy, performed through the Lessor will be (2) acts of the United States of America in implemented by supplemental agreement. The either its sovereign or contractual capacity, Government's portion of the expense will be (3) acts of another contractor in the paid on a reimbursable basis. Such fixtures, performance of a contract with the Govemment, additions, or structures shall be and remain the (4) fires, property of the Government, and may be (5) floods, removed prior to the expiration or termination of (6) epidemics, this lease or abandoned in place. (7) quarantine restrictions, 4 DACA45-5-I 1-00049 3.RESTORATION: 5. WARRANTY: The Lessor certifies the a. The Lessor may, upon no less than ten mechanical equipment, building systems, and (10)days written notice to the Government before the utilities to be in good serviceable and termination or expiration of the lease, require operating condition and meet all building code restoration of the leased premises, subject to the requirements. exceptions to restoration stated below in paragraph b. In this event, prior to the expiration 6. HAZARDOUS TOXIC WASTES: or termination of this lease, or a reasonable time a. The Lessor represents and certifies as thereafter, the Government shall, at its sole part of the terms of this Lease that the site, election, either, building, and building space which are being (1) Restore the premises to the same leased to the Government, to the best of his or condition as that existing at the time of entering her knowledge, are not properties or structures into the lease, or, with known or potential environmental (2) Make appropriate settlement to the contamination including asbestos, radon, or Lessor representing either the diminution in the hazardous or toxic materials/substances/wastes fair market value of the property due to the failure and such substances have not been used on the to restore, or the actual cost of restoration, said premises. This certification is'a material whichever is the lesser amount representation of fact upon which the b. The Government shall not restore the Government relies when entering into the lease. premises, either physically or by payment in lieu If it is later determined that environmental thereof, for damages as a result of reasonable contamination is present, the Government ordinary wear and tear, the elements or reserves the right to require the Lessor, at no circumstances over which the Government has cost to the Government, to (1) remove such no control, or alterations, or damages thereto, properties or structures or contaminated which the Government installed at its expense or materials, substances, or wastes contained • the Lessor installed and was reimbursed by the therein and restore the premises to the Government through payment thereof. satisfaction of the Government, or(2)to take the c. CONDITIONREPORTS: A joint physical necessary action to mitigate the hazardous or survey and inspection of the demised premises toxic waste condition or other environmental shall be made as of the delivery date contained in contamination, in accordance with local, state, this lease, reflecting the then present condition, and Federal laws, or (3) in the alternative, the and will be documented on behalf of the parties Government, at its option, may terminate the hereto. Upon expiration or termination of this lease effective upon notification without any lease, a final inspection shall be conducted by penalty whatsoever. In addition to the rights representatives of both the Lessor and the under (1), (2), and (3) above, if it is determined Government If restoration of damages is that the Lessor has made a willful required, they shall be in written form signed on misrepresentation, the Lessor shall also be behalf of both parties and this lease amended by responsible for all costs and expenses of supplemental agreement. . relocating to another location in the event the Government in its discretion determines it 4. DAMAGES: The Lessee shall be liable only necessary to relocate to other premises. for damages resulting from negligence or b. The Lessor shall immediately notify the misconduct of Lessee personnel. The Lessee Government of any hazardous or toxic shall not be liable for any loss, destruction or conditions or other environmental contamination damages to the premises beyond the control and in any part of the leased premises upon without the fault or negligence of the Lessee, obtaining knowledge of the same. including but not restricted to, acts of nature, such as fire, lightning, earthquakes, floods, or severe weather and acts of war or terrorism. The parties agree that settlement of damages by the Lessee, if any, shall be done at termination of the lease. The Government's liability under this clause may not exceed appropriations available for such • payment and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any rights the Lessor may have to make a claim under applicable laws for any other damages than provided herein. 5 DACA45-5-I 1-00049 7. CHANGE OF OWNERSHIP: 11. DEFAULT IN DELIVERY—TIME a. If, during the term of this lease, including EXTENSIONS (SEP 1999) (VARIATION) - any renewals or extensions, title to this property 552.270-18 is transferred to another party either by sale, a. With respect to Lessor's obligation to foreclosure, condemnation, assignment, or other deliver the premises substantially complete by transaction, the Lessor (transferor) shall the delivery date, time is of the essence. If the promptly notify the Government of said transfer. Lessor fails to work diligently to ensure its The following information shall accompany such substantial completion by the delivery date or notification: fails to substantially complete the work by such (1) A copy of the deed or other date, the Government may by notice to the appropriate instrument transferring title or Lessor terminate this lease. Such termination is sufficient interest to lease to the property from effective the day after the date notice is mailed the transferor to the new owner. to the Lessor. The Lessor.and the Lessor's (2) The new owner's tax identification or sureties, if any, are jointly and severally liable for social security number. any damages to the Government resulting from b. The foregoing information must be such termination, as provided in this clause. received not later-than twenty(20) days after the b. The Government shall not terminate effective date of transfer of title. In any instance, this lease under this clause nor charge the failure to submit the documentation required for Lessor with damages under this clause, if(1)the a transfer of title will result in a suspension of delay in substantially completing the work arises rental payments until such time as all from excusable delays and (2)the Lessor within _documentation is received by the Government 10 days from the beginning of any such delay (unless extended in writing by the Government) c. When the title to premises leased to the provides notice to the Government of the causes Government is transferred, a supplemental of delay. The Government shall ascertain the agreement shall be entered into by the old facts and the extent of delay. If the facts warrant, (Transferor) and new (Transferee) owners and the Government shall extend the delivery date, the Government to reflect such change of to the extent of such delay at no additional costs ownership. to the Government A time extension is the sole remedy of the Lessor. 8. CHANGES (SEP 1999) (VARIATION) - 552.270-14 12. ACCEPTANCE OF SPACE (SEP 1999) - The Government may at any time, by 552.270-29 written supplemental agreement, make changes a. When the Lessor has completed all or variations to the original lease agreement. alterations, improvements, and repairs necessary to meet the requirements of- the 9. INVOICE REQUIREMENTS (SEP 19991 lease, the.Lessor shall notify the Government. (VARIATION)-552.232-70 The Governments designated representative (This clause applies to payments other than may promptly inspect the space. rent.) Invoices shall be submitted in an original only, unless otherwise specified, to the 13. EFFECT OF ACCEPTANCE AND designated billing office specified in this lease or OCCUPANCY (SEP 1999) - 552.270-21 order, including the lease number and address Neither the Government's acceptance of the of the leased premises. premises for occupancy or the Government's occupancy thereof, shall be construed as a 10. DELIVERY AND CONDITION (SEP 1999) - waiver of any requirement of or right of the 552.270-17 Government under this Lease, or as otherwise The space must be delivered ready for prejudicing the Government with respect to any occupancy as a complete unit. The Government such requirement or right. reserves the right to determine when the space is substantially complete. If the premises do not 14. MAINTENANCE OF BUILDING AND in every respect comply with the provisions of PREMISES—RIGHT OF ENTRY (SEP 1999) - this lease the Government may, in accordance 552.270-6 with the Failure in Performance clause of this a. Except in case of damage arising out of lease, elect to reduce the rent payments. the willful act or negligence of a Government employee, Lessor shall maintain the premises,• including the building, building systems, and all equipment,fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and condition so that they are suitable in appearance 6 DACA45-5-11-00049 and capable of supplying such heat, air 15. FIRE AND CASUALTY DAMAGE (SEP conditioning, light, ventilation, safety systems, 1999) - 552.270-7 If the entire premises are health conditions, access and other things to the destroyed by fire or other casualty, this lease will premises, without reasonably preventable or immediately terminate. In case of partial recurring disruption, as is required for the destruction or damage, so as to render the Government's access to, occupancy, possession, premises untenantable, as determined by the use and enjoyment of the premises as provided in Government, the Government may terminate the this lease. For the purpose of so maintaining the lease by giving written notice to the Lessor premises, the Lessor, its agents, representatives, within 15 calendar days of the fire or other contractors and assigns may at reasonable times casualty; if so terminated, no rent will accrue to (within 24 hours notice) enter the premises with the Lessor after such partial destruction or the approval of and accompanied by the damage; and if not so terminated, the rent will authorized Government representative in charge. be reduced proportionately by supplemental b. Emergency Maintenance and Repairs. agreement hereto effective from the date of such The Lessee will notify the Lessor of any partial destruction or damage. emergency and request the Lessor to perform the Nothing in this lease shall be construed as necessary work. All emergency maintenance relieving Lessor from liability for damage to or and repairs performed by the Lessor will be destruction of property of the United States of completed within 48 hours from the time of America caused by the willful or negligent act or notification. Emergency maintenance and omission of Lessor. repairs include but are not limited to: (1) failure of heating/cooling system to 16. COMPLIANCE WITH APPLICABLE LAW maintain specific temperature (SEP 1999)-552.270-8 (2) failure of water system, including a. Lessor shall comply with all Federal,state hot water and local laws applicable to the Lessor as owner (3) inadequate or no water pressure or Lessor, or both, of the building or premises. (4) leaking water pipes This lease shall be governed by Federal law. (5) blocked or leaking drains b. SECURITY. Exit signs, emergency (6) electrical failure lighting, portable fire extinguishers, and fire (7) sewage system malfunction protection systems, such as sprinkler systems (8) failure of security and fire and alarms, which meet fire protection standards protection systems, including established by applicable state statutes, fire alarms and sprinklers regulations, building codes, or local ordinances, (9) Repair/replace exterior windows shall be provided and maintained by the Lessor. and doors including plate glass if This includes, but is not limited to, the recharging • applicable. of fire extinguishers and replacement of long life In the event the Lessor shall fail to perform batteries (lithium) in smoke detectors. emergency maintenance and repairs within 48 Equipment, .services or utilities furnished, and hours or to perform non-emergency maintenance activities of other tenants shall be free of safety, and repairs within 5 days from the date notice is health,and fire hazards. given by the Lessee, the Lessee may immediately perform or have performed such 17. FAILURE IN PERFORMANCE (SEP maintenance and repairs and deduct all costs 1999) - 552.270-10 The Government may thereof from the rental or other charges due or to deduct from any payments under this lease, become due under the terms of this lease. then or thereafter due, an amount which reflects the reduced value of the contract requirement not performed. No deduction from rent pursuant to this clause shall constitute a default by the Government under this lease. These remedies are not exclusive and are in addition to any other remedies which may be available under this lease or at law. 18. DEFAULT BY LESSOR DURING THE TERM (SEP 1999)-552.270-22 a. Each of the following shall constitute a default by Lessor under this lease: (1) Failure to maintain, repair, operate or service the premises as and when specified in this lease, or failure to perform any other 7 DACA45-5-11-00049 requirement of this lease as and when required this contract to a bank, trust company, or other provided any such failure shall remain uncured financing institution, including any Federal for a period of thirty (30) days next following lending agency. The Lessor shall not furnish or Lessor's receipt of notice thereof from the disclose to any assignee under this contract any Government or an authorized representative. classified document (including this contract) or (2) Repeated and unexcused failure information related to work under this contract by Lessor to comply with one or more until the Government authorizes such action in requirements of this lease shall constitute a writing. default notwithstanding that one or all such failures shall have been timely cured pursuant to 24. SUBORDINATION. NONDISTURBANCE this clause. AND ATTORNMENT (SEP 1999) -552.270-23 b. If a default occurs, the Government Lessor warrants that it holds such title to or other may, by notice to Lessor, terminate this lease for interest in the premises and other property as is default and if so terminated, the Government necessary to the Government's access to the shall be entitled to the damages specified in the premises and full use and enjoyment thereof in Default in Delivery-Time Extensions clause. accordance with the provisions of this lease. 19. ELECTRONIC FUNDS TRANSFER 25. NO WAIVER(SEP 1999) -552.270-26 PAYMENT (MAR 2000) (VARIATION) - No failure by either party to insist upon the strict 552.232-76 performance of any provision of this lease or to a. The Government will make payments exercise any right or remedy consequent upon a under this lease by electronic funds transfer breach thereof, and no acceptance of full or (EFT). partial rent or other performance by either party b. Lessor's failure to properly designate a during the continuance of any such breach shall financial institution or to provide appropriate constitute a waiver of any such breach of such payee bank account information may delay provision. payments of amounts otherwise properly due. 26. STATEMENT OF LEASE (SEP 1999) - 20. PROMPT PAYMENT (SEP 1999) - 552.270-24 552.232-75 The Contracting Officer will, within thirty The Government will make payments under the (30) days next following the Contracting Officer's terms and conditions in the Prompt Payment Act. receipt of a joint written request from Lessor and a prospective lender or purchaser of the building, execute and deliver to Lessor a letter 21. SUBLETTING AND ASSIGNMENT (SEP stating that the same is issued subject to the 1999) — 552.270.5 The Government may sublet conditions stated in this clause and, if such is any part of the premises but shall not be relieved the case, that (1) the lease is in full force and from any obligations under this lease by reason of effect; (2) whether any notice of default has any such subletting. The Government may at any been issued. time assign this lease, and be relieved from all obligations to the Lessor under this lease 27. MUTUALITY OF OBLIGATION (SEP 1999) excepting only unpaid rent and other liabilities, if - 552.270-28 The obligations and covenants of any, that have accrued to the date of said the Lessor, and the Government's obligation to assignment. Any assignment shall be subject to pay rent and other Government obligations and prior written consent of the Lessor, which shall covenants, arising under or related to this not be unreasonably withheld. Lease, are interdependent. 22. SUBSTITUTION OF TENANT AGENCY 28. SUCCESSORS BOUND (SEP 1999) - (SEP 1999) - 552.270-25 The Government 552.270-11 may, at any time and from time to time, This lease shall bind, and inure to the benefit of, substitute any Government agency or agencies the parties and their respective heirs, executors, for the Government agency or agencies. administrators, successors, and assigns. 23. ASSIGNMENT OF CLAIMS (JAN 1986) - 29. INTEGRATED AGREEMENT (SEP 1999) - 52.232-23 552.270-27 This Lease, upon execution, The Lessor, under the Assignment of Claims contains the entire agreement of the parties and Act, as amended, 31 USC 3727, 41 USC 15 no prior written or oral agreement, express or (hereafter referred to as the "the Act"), may implied, shall be admissible to contradict the assign its rights to be paid amounts due or to provisions of the Lease. become due as a result of the performance of 8 DACA45-5-11-00049 30. DISPUTES (JUL 2002)-52.233-1 lease contract if made with a corporation for its This contract is subject to the Contract Disputes general benefit. Act of 1978, as amended (41 U.S.C. 601-613). 34. COVENANT AGAINST CONTINGENT 31. EXAMINATION OF RECORDS: The FEES(FEB 1990) - 552203-5 Lessor agrees that any duly authorized a. The Contractor warrants that no person Government representative shall have the right, or agency has been employed or retained to until the expiration of three (3) years after final solicit or obtain this contract upon an agreement payment of the agreed rental, to have access to or understanding for a contingent fee, except a and to examine any directly pertinent books, bona fide employee or agency. For breach or documents, papers, and records of the Lessor violation of this warranty, the Government shall involving transactions related to this lease. have the right to annul this contract without liability or, in its discretion, to deduct from the 32. GRATUITIES TO GOVERNMENT contract price or consideration, or otherwise EMPLOYEES: recover the full amount of the contingent fee. a. The Government may, by written notice b. "Bona fide agency," as used in this to the Lessor,terminate the right of the Lessor to clause, means an established commercial or proceed .under this lease if it is found, after selling agency (including licensed real estate notice and hearing, by the Secretary of the Army agents or brokers), maintained by a Contractor or his duly authorized representative, that for the purpose of securing business, that gratuities (in the form of entertainment, gifts, or neither exerts nor proposes to exert improper otherwise) were offered or given by the Lessor, influence to solicit or obtain Government or any agency or representative of the Lessor,to contracts nor holds itself out as being able to any officer or employee of the Government with obtain any Government contract or contracts a view toward securing a lease or securing through improper influence. favorable treatment with respect to the awarding c. "Bona fide employee," as used in this or amending, or the making of any clause, means a person, employed by a determinations with respect to the performing, of Contractor and subject to the Contractor's such lease, provided, that the existence of facts supervision and control as to time, place, and upon which the Secretary of the Army or his duly manner of performance, who neither exerts nor authorized representative makes such findings proposes to exert improper influence to solicit or shall be in issue and may be reviewed in any obtain Government contracts nor holds out as competent court. being able to obtain any Government contract or b. In the event this lease is terminated as contracts through improper influence. provided in paragraph a. hereof the Government d. "Contingent fee," as used In this clause, shall be entitled (1) to pursue the same means any commission, percentage, brokerage, remedies against the Lessor as it could pursue or other fee that,is contingent upon the success in the event of a breach of the lease by the that a person or concern has in securing a Lessor and (2) as a penalty, in addition to any Government contract. other damages to which it may be entitled by e. "Improper influence," as used in this law, to exemplary damages in an amount (as clause, means any influence that induces or determined by the Secretary of the Army or his tends to induce a Government employee or duly authorized representative) which shall be officer to give consideration or to act regarding a not less than three (3) nor more than ten (10) Government contract on any basis other than times the cost incurred by the Lessor in the merits of the matter. providing any such gratuities to any such officer or employee. 35. PROHIBITION OF SEGREGATED c. The rights and remedies of the FACILITIES(FEB 1999) - 52.222-21 Government provided in this clause shall not be a. "Segregated facilities," as usedin this exclusive and are in addition to any other rights clause, means any waiting rooms, work areas, and remedies provided by law or under this rest rooms and wash rooms, restaurants and lease. other eating areas, time clocks, locker rooms 33. OFFICIALS NOT TO BENEFIT. and other storage or dressing areas, parking No Member of or Delegate to Congress, or lots, drinking fountains, recreation or Resident Commissioner shall be admitted to any entertainment areas, transportation, and housing share or part of this lease contract, or to any facilities provided for employees, that are benefit that may arise therefrom; but this segregated by explicit directive or are in fact provision shall not be construed to extend to this segregated on the basis of race, color, religion, sex, or national origin because of written or oral 9 DACA45-5-11-00049 policies or employee custom. The term does not include separate or single-user rest rooms or 2. CENTRAL CONTRACTOR REGISTRATION necessary dressing or sleeping areas provided (OCT 2003)(VARIATION)–52.204-7 to assure privacy between the sexes. a. Definitions. As used in this clause- b. The Lessor agrees that it does not and Central Contractor Registration (CCR) will not maintain or provide for its employees any database" means the primary Government segregated facilities at any of its establishments, repository for Contractor information required for and that it does not and will not permit its the conduct of business with the Government. employees to perform their services at any "Data Universal Numbering System location under its control where segregated (DUNS) number" means the 9-digit number facilities are maintained. The Lessor agrees that assigned by Dun and Bradstreet, Inc. (D&B) to a breach of this clause is a violation of the Equal identify unique business entities. Opportunity clause in this contract. "Data Universal Numbering System +4 c. The Lessor shall include this clause in (DUNS+4) number" means the DUNS number every subcontract and purchase order that is assigned by D&B plus a 4-character suffix that subject to the Equal Opportunity clause of this may be assigned by a business concern. (D&B contract. has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the 36. EQUAL OPPORTUNITY (APR 2002) - discretion of the business concern to establish 52.222-37 additional CCR records for identifying alternative Definition. "United States," as used in this Electronic Funds Transfer (EFT) accounts for clause, means the 50 States, the District of the same parent concern. Columbia, Puerto Rico, the Northern Mariana "Offeror"means the owner of the property Islands, American Samoa, Guam, the U.S. offered, not an individual or agent representing Virgin Islands, and Wake Island. the owner. The Contractor shall not discriminate "Registered in the CCR database" means against any employee or applicant for that-- employment because of race, color, religion, (1) The Contractor has entered all sex, familial status or national origin, disabled mandatory information, including the DUNS veterans, veterans of the Vietnam era, and other number or the DUNS+4 number, into the CCR eligible veterans. database; and The Contractor shall insert the terms of this (2) The Government has validated all clause in all subcontracts or purchase orders of mandatory data fields and has marked the $25,000 or more unless exempted by rules, record"Active." regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the b. (1) By submission of an offer, the Deputy Assistant Secretary of Labor to enforce offeror acknowledges thee requirement that a the terms, including action for noncompliance. prospective awardee must be registered with D&B and in the CCR database prior to award, 37. AFFIRMATIVE ACTION FOR WORKERS during performance, and through final payment WITH DISABILITIES(JUN 1998) - 52.222-36 of any contract resulting from this solicitation. Regarding any position for which the employee (2) The offeror shall enter in the or applicant for employment is qualified, the appropriate block, on the GSA Form 3518, Contractor shall not discriminate against any entitled Representations and Certifications, the employee or applicant because of physical or legal entity's name and address, followed by the mental disability. DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in REPRESENTATIONS AND CERTIFICATIONS the offer. The DUNS number will be used by the Government to verify that the offeror is 1. OWNERSHIP registered in the CCR database. The Lessor certifies that he is the rightful and c. If the offeror does not have a DUNS legal owner of the property and has the legal number, it should contact Dun and Bradstreet right to enter into this lease. If the title of the directly to obtain one. Lessor shall fail, or it be discovered that the (1) An offeror may obtain a DUNS Lessor did not have authority to lease the number— property, the Government may terminate. (i) if located within the United The Lessor, the Lessor's heirs, executors, States, by calling Dun and Bradstreet at 1-866- administrators, successors, or assigns agree to 705-5711 or via the Internet at indemnify the Lessee by reason of such failure http://www.dnb.com; or and to refund all rentals paid. 10 DACA45-5-11-00049 (ii) If located outside the United entitled Representations and Certifications, States, by contacting the local Dun and along with written notification of its intention to Bradstreet office. (A)change the name in the CCR database; and (2) The offeror should be prepared (B) provide the Government with sufficient to provide the following information: documentation to verify and confirm the legally (i) Company legal business. changed name or change in ownership. (ii) Tradestyle, doing business, or (ii) If the Contractor fails to comply with the other name by which your entity is commonly requirements of paragraph (g)(1)(i) of this recognized. clause, or fails to perform the agreement at (iii) Company Physical Street paragraph (g)(1)(i)(C) of this clause, and, in the Address, City, State, and ZIP Code. absence of a properly executed novation or • (iv) Company, Mailing Address, change-of-nameagreement, the CCR City, State and ZIP Code (if separate from information that shows the Contractor to be physical). other than the Contractor indicated in the (v) Company Telephone Number. contract will be considered to be incorrect (vi) Date the company was information within the meaning of the started. "Suspension of Payment" paragraph of the (vii) Number of employees at your electronic funds transfer (EFT) clause of this location. contract. (viii) Chief executive officer/key (2) The Lessor shall not change the manager. name or address for EFT payments or manual (ix) Line of business(industry). payments, as appropriate, in the CCR record to (x) Company Headquarters name reflect an assignee for the purpose of and address (reporting relationship within your assignment of claims. Assignees shall be entity). separately registered in the CCR database. d. If the Offeror does not become registered Information provided to the Lessor's CCR record in the CCR database in the time prescribed by that indicates payments, including those made the Government,the Government will proceed to by EFT, to an ultimate recipient other than that award to the next otherwise successful Lessor will be considered to be incorrect registered Offeror. information. e. Processing time, which normally takes h. Offerors and Contractors may obtain 48 hours, should be taken into consideration information on registration and annual when registering. Offerors who are not confirmation requirements via the internet at registered should consider applying for http://www.ccr.gov or by calling 1-888-227-2423, registration immediately upon receipt of this or 269-961-5757. solicitation. f. The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. g. (i) If a Contractor has legally changed its business name, 'doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, the Contractor shall comply with the requirements of Subpart 42.12 of the Federal Acquisition Regulations (FAR) and provide the responsible Government a fully revised and initialed/signed GSA Form 3518, 11 { nr i USARC Iowa City a iS , ' j Johnson County, IA N • I t§t 4'f j�l` f _,Prt I 4 I W &, E • x r i?'• ." r' ',+ ;< r xR� ``t # 71;N-it , s i r, T 79 N, R 6 W,Section 22 5th Principal Meridian u s< � rr ahs rcl• � { a y L X13. � K �'� as J ✓+f • • x, t *"";;;;.?"''.."14•!.::- h.- { 'r tl "�� { �! S'n � ,....i.'.... kase Area DACA45 5 71 00049 ' : Ro d 1. G,S t! �� f.•:,:;. nLe ysr•f!` 'y kOrkc 31. A aA x � ' � -.! ,.r -.-. .. t:! tas y .1 .S. did � :. . 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R E I a•,yr MADE A PART OF DACA45.5-71.00049 Prepared by: Susan Dulek,Assistant City Attorney,410 E. Washington St., Iowa City, IA 52240(319)356-5030 RESOLUTION NO. /q//-. o� RESOLUTION RESCINDING RESOLUTION NO. A11-05 AND SETTING A PUBLIC HEARING FOR MARCH 10, 2011, REGARDING THE INTENT TO ENTER INTO A GROUND LEASE AGREEMENT WITH THE U.S. GOVERNMENT. WHEREAS, the U.S. Government would like to enter into a ground lease for the U.S. Army Reserves to park vehicles and equipment on vacant airport property west of 1913 S. Riverside Drive; WHEREAS, the attached lease has been approved by the Airport Operations Manager; and WHEREAS, in Resolution No. A11-05, the Commission set a public hearing on the proposed lease for March 17, 2011, but because the Commission will not be meeting on March 17, 2011, a new date for the public hearing needs to be set. 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 March /0 2011 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. 3. Resolution No. A11-05 is rescinded. SI- � Passed and approved this °� day of 1'('e C' A� , 2011. CHAIRPERSON Approved by ATTEST. ��� �'��' a - l,- (( SECRETARY City Attorney's Office 4( It was moved by GG Irc1 l h‘,(iv and seconded by Or'^ ti L _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Assouline T Crane Gardinier Horan Mascari DACA45-5-11-00049 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE LEASE NO. DACA45-5-11-00049 THIS LEASE,made and entered into this date,by and between the Iowa City Airport Commission whose address is 1801 South Riverside Drive,Iowa City,Iowa 52248 and whose interest in the property hereinafter described is that of owner(as certified),for itself, its successors, and assigns,hereinafter called the Lessor, and the UNITED STATES OF AMERICA,hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agrees as follows: 1.The Lessor hereby leases to the Government the following described premises: Exclusive use of approximately 24,000 square feet of land,described as a level fenced in storage area located: immediately to the West of the adjacent U.S. Army Reserve Center whose address is 1913 South Riverside Drive,Iowa City,Iowa 52248 as more particularly shown on Exhibit "A", attached hereto and made a part hereof,to be used for Government purposes. 2.TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on"01 March,2011" through "29 February 2012", subject to termination and renewal rights as may be hereinafter set forth. Nothing in this lease shall constitute,or be deemed to constitute, an obligation of future appropriations by the United States or considered as implying that the Congress will appropriate additional funds. 3.The Government shall pay the Lessor annual rent of Four Thousand Two Hundred Dollars ($4,200.00)at the rate of Three Hundred Fifty Dollars ($350.00)per month in arrears. Rent for a lesser period shall be prorated. All payments by the Government under the terms of this lease shall be made payable to: Iowa City Airport Commission, 1801 South Riverside Drive, Iowa City,Iowa 52248 via electronic funds transfer(EFT) (as referenced in the General Clauses and Conditions.) Payments shall be made by the Army Reserves 88`h RSC,via DFAS Indianapolis Center 8899 E. 56th Street Attn:Dept. 3800 Indianapolis,IN 46249-3800 Fund Citation: STANDARD FORM 2(REV.6/2003) 1 DACA45-5-11-00049 4. The Government may terminate this lease at any time by giving at least 30 days'notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. This lease shall be automatically renewed from year-to-year without further notice unless and until the Government shall give notice of tennination in accordance with clause 4; provided that adequate appropriations are available from year-to-year for the payment of rentals; and provided further, that this lease shall in no event extend beyond 29 February 2016. 7. The following are attached and made a part hereof: a. The General Clauses, Conditions and Instructions(1-37) b. Representations and Certifications(1-2) c. Exhibit" A ", Site Plan 8.The following changes were made in this lease prior to its execution: NOTICES: Any notice under the terms of this Lease is to be given in writing and delivered by"Certified Mail,Return Receipt Requested"or registered mail,Express Mail or comparable service,or delivered by hand and delivery,whether accepted or refused,attempted delivery,or marked undeliverable, shall be deemed notice under the terms of this Lease. Any notice given by the Lessor to the Government shall be addressed to: Omaha District Commander,U.S.Army Engineer District,ATTN: CENWO-RE-M, 1616 Capitol Avenue, Suite 9000, Omaha,Nebraska 68102-4901;with reference to the Lease number: DACA45-5-11-00049. Any notice given by the Government to the Lessor or his agent shall be addressed to: Michael Tharp; of the Iowa City Airport Commission, Iowa City,Iowa 52248,Email: Michael- Tharp@iowa-city.org and Phone Number: (319)356-5045 Ext. 5 For maintenance purposes notice shall be addressed to: [Michael Tharp, (319)356-5045 Ext. 5, Michael-Tharp@iowa-city.org] The remainder of this page is blank STANDARD FORM 2(REV.612003) 2 DACA45-5-11-00049 IN WITNESS WHEREOF,the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR: LESSOR: Signature Signature Name of signer(please print) Name of signer(please print) GOVERNMENT: LON G. LARSON Chief, Real Estate Division Real Estate Contracting Officer STANDARD FORM 2(REV.6/2003) 3 DACA45-5-11-00049 General Clauses and Conditions: (8) strikes, (9) freight embargoes, 1.DEFINITIONS (SEP 1999) (VARIATION) — (10) unusually severe weather, or 552.270-4: (11) delays of subcontractors or suppliers The following terms and phrases (except as at any tier arising from unforeseeable causes otherwise expressly provided or unless the beyond the control and without the fault or context otherwise requires)for all purposes of this negligence of both the Lessor and any such lease shall have the respective meanings subcontractor or supplier. hereinafter specified: 0) "Lessee" means"Government." (a) "Casualty" means, but is not limited to, (k) "Lessor' means "Owner" or the sub- acts of nature, such as fire, lightning, Lessor if this lease is a sublease. earthquakes, floods, or severe weather and acts (I) "Lessor shall provide" means the Lessor of war or terrorism. shall furnish and install at Lessor's Expense. (b) "Commencement Date" means the first (m) "Notice". Unless otherwise stated or in day of the term. case of an emergency or threat to health, safety, (c) "Common area° means "that part of the and security, "Notice" means written notice sent premises provided, designated, and maintained by certified or registered mail, Express Mail or by the Lessor for the common use of all tenants; comparable service, or delivered by hand. including but not limited to, private streets and Notice shall be effective commencing on the day driveways, curbs, parking areas, service alleys, after the date the notice is mailed. loading areas, retaining walls, sidewalks, (n) "Premises" means the space described landscaping, lighting, hallways, restrooms, on the U.S. Government Lease for Real stairwells, and elevators? Property lease form. (d) "Contract' and "Contractor" means (o) "Substantially complete" and "substantial "Lease"and"Lessor,"respectively. completion" means that the work, the common (e) "Contracting Officer" or "Government' and other areas of the building, and all other means a person with the authority to enter into, things necessary for the Governments access to administer, and/or terminate contracts and make the premises and occupancy, possession, use related determinations and findings. The term and enjoyment thereof, as provided in this lease, includes certain authorized representatives of . have been completed or obtained, the Government acting within the limits of their excepting only such minor matters as do not authority as delegated by the Government. interfere with or materially diminish such access, (f) "Delivery Date" means the date occupancy, possession, use or enjoyment. specified in or determined pursuant to the (p) "Usable square feet" means the usable provisions of this lease for delivery of the office area or the area where a tenant normally premises to the Government, improved in houses personnel and/or furniture, for which a accordance with the provisions of this lease and measurement is to be computed." substantially complete, as such date may be (q) 'Work" means all alterations, modified in accordance with the provisions of improvements, modifications, and other things this lease. required for the preparation or continued (g) "Delivery Time" means the number of occupancy of the premises by the Government days provided by this lease for delivery of the as specified in this lease. premises to the Government, as such number may be modified in accordance with the 2. ALTERATIONS: The Government shall provisions of this lease. have the right during the existence of this lease (h) "Effective Date" means the date on which to make alterations, attach fixtures, and erect the lease is signed by the Government. additions, structures or signs in or upon the (i) "Excusable Delays" mean delays arising premises hereby leased. Upon Government without the fault or negligence of Lessor and request, the Lessor shall be required to Lessor's subcontractors and suppliers at any obtain bids for the said work and to provide tier, and shall include, without limitation: the bids to the Government. Any work to be (1) acts of God or of the public enemy, performed through the Lessor will be (2) acts of the United States of America in implemented by supplemental agreement. The either its sovereign or contractual capacity, Government's portion of the expense will be (3) acts of another contractor in the paid on a reimbursable basis. Such fixtures, performance of a contract with the Government, additions, or structures shall be and remain the (4) fires, property of the Government, and may be (5) floods, removed prior to the expiration or termination of (6) epidemics, this lease or abandoned in place. (7) quarantine restrictions, 4 DACA45-5-11-00049 3.RESTORATION: 5. WARRANTY: The Lessor certifies the a. The Lessor may, upon no less than ten mechanical equipment, building systems, and- (10)days written notice to the Government before the utilities to be in good serviceable and termination or expiration of the lease, require operating condition and meet all building code restoration of the leased premises, subject to the requirements. exceptions to restoration stated below in paragraph b. In this event, prior to the expiration 6. HAZARDOUS TOXIC WASTES: or termination of this lease, or a reasonable time a. The Lessor represents and certifies as thereafter, the Government shall, at its sole part of the terms of this Lease that the site, election, either, building, and building space which are being (1) Restore the premises to the same leased to the Government, to the best of his or condition as that existing at the time of entering her knowledge, are not properties or structures into the lease, or, with known or potential environmental (2) Make appropriate settlement to the contamination including asbestos, radon, or Lessor representing either the diminution in the hazardous or toxic materials/substances/wastes fair market value of the property due to the failure and such substances have not been used on the to restore, or the actual cost of restoration, said premises. This certification is"a material whichever is the lesser amount. representation of fact upon which the b. The Government shall not restore the Government relies when entering into the lease. premises, either physically or by payment in lieu If it is later determined that environmental thereof, for damages as a result of reasonable contamination is present, the Government ordinary wear and tear, the elements or reserves the right to require the Lessor, at no circumstances over which the Government has cost to the Government, to (1) remove such no control, or alterations, or damages thereto, properties or structures or contaminated which the Govemment installed at its expense or materials, substances, or wastes contained the Lessor installed and was reimbursed by the therein and restore the premises to the Government through payment thereof. satisfaction of the Government, or(2) to take the c. CONDITION REPORTS: A joint physical necessary action to mitigate the hazardous or survey and inspection of the demised premises toxic waste condition or other environmental shall be made as of the delivery date contained in contamination, in accordance with local, state, this lease, reflecting the then present condition, and Federal laws, or (3) in the alternative, the and will be documented on behalf of the parties Government, at its option, may terminate the hereto. Upon expiration or termination of this lease effective upon notification without any lease, a final inspection shall be conducted by penalty whatsoever. In addition to the rights representatives of both the Lessor and the under (1), (2), and (3) above, if it is determined Government. if restoration of damages is that the Lessor has made a willful required, they shall be in written form signed on misrepresentation, the Lessor shall also be behalf of both parties and this lease amended by responsible for all costs and expenses of supplemental agreement. relocating to another location in the event the Government in its discretion determines it 4. DAMAGES: The Lessee shall be liable only necessary to relocate to other premises. for damages resulting from negligence or b. The Lessor shall immediately notify the misconduct of Lessee personnel. The Lessee Government of any hazardous or toxic shall not be liable for any loss, destruction or conditions or other environmental contamination damages to the premises beyond the control and in any part of the leased premises upon without the fault or negligence of the Lessee, obtaining knowledge of the same. including but not restricted to,acts of nature, such as fire, lightning, earthquakes, floods, or severe weather and acts of war or terrorism. The parties agree that settlement of damages by the Lessee, if any, shall be done at termination of the lease. The Government's liability under this clause may not exceed appropriations available for such payment and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any rights the Lessor may have to make a claim under applicable laws for any other damages than provided herein. 5 DACA45-5-11-00049 7. CHANGE OF OWNERSHIP: 11. DEFAULT IN DELIVERY—TIME a. If, during the term of this lease, including EXTENSIONS (SEP 1999) (VARIATION) - any renewals or extensions, title to this property 552.270-18 is transferred to another party either by sale, a. With respect to Lessor's obligation to foreclosure, condemnation, assignment, or other deliver the premises substantially complete by transaction, the Lessor (transferor) shall the delivery date, time is of the essence. If the promptly notify the Government of said transfer. Lessor fails to work diligently to ensure its The following information shall accompany such substantial completion by the delivery date or notification: fails to substantially complete the work by such (1) A copy of the deed or other date, the Government may by notice to the appropriate instrument transferring title or Lessor terminate this lease. Such termination is sufficient interest to lease to the property from effective the day after the date notice is mailed the transferor to the new owner. to the Lessor. The Lessor.and the Lessors (2) The new owners tax identification or sureties, if any, are jointly and severally liable for social security number. any damages to the Government resulting from b. The foregoing information must be such termination, as provided in this clause. received not later than twenty(20)days after the b. The Government shall not terminate effective date of transfer of title. In any instance, this lease under this clause nor charge the failure to submit the documentation required for Lessor with damages under this clause, if(1)the a transfer of title will result in a suspension of delay in substantially completing the work arises rental payments until such time as all from excusable delays and (2) the Lessor within documentation is received by the Govemment. 10 days from the beginning of any such delay (unless extended in writing by the Government) c. When the title to premises leased to the provides notice to the Government of the causes Government is transferred, a supplemental of delay. The Government shall ascertain the agreement shall be entered into by the old facts and the extent of delay. If the facts warrant, (Transferor) and new (Transferee) owners and the Government shall extend the delivery date, the Government to reflect such change of to the extent of such delay at no additional costs ownership. to the Government. A time extension is the sole remedy of the Lessor. 8. CHANGES (SEP 1999) (VARIATION) - 552.270-14 12. ACCEPTANCE OF SPACE (SEP 1999) - The Govemment may at any time, by 552.270-29 written supplemental agreement, make changes a. When the Lessor has completed all or variations to the original lease agreement. alterations, improvements, and repairs necessary to meet the requirements of• the 9. INVOICE REQUIREMENTS (SEP 1999) lease, the.Lessor shall notify the Government. (VARIATION)-552.232-70 The Government's designated representative (This clause applies to payments other than may promptly inspect the space. rent.) Invoices shall be submitted in an original only, unless otherwise specified, to the 13. EFFECT OF ACCEPTANCE AND designated billing office specified in this lease or OCCUPANCY (SEP 1999) - 552.270-21 order, including the lease number and address Neither the Government's acceptance of the of the leased premises. premises for occupancy or the Government's occupancy thereof, shall be construed as a 10. DELIVERY AND CONDITION (SEP 1999) - waiver of any requirement of or right of the 552.270-17 Government under this Lease, or as otherwise The space must be delivered ready for prejudicing the Government with respect to any occupancy as a complete unit. The Government such requirement or right. reserves the right to determine when the space is substantially complete. If the premises do not 14. MAINTENANCE OF BUILDING AND in every respect comply with the provisions of PREMISES—RIGHT OF ENTRY (SEP 1999) - this lease the Government may, in accordance 552.270-6 with the Failure in Performance clause of this a. Except in case of damage arising out of lease, elect to reduce the rent payments. the willful act or negligence of a Government employee, Lessor shall maintain the premises, including the building, building systems, and all equipment,fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and condition so that they are suitable in appearance 6 DACA45-5-11-00049 and capable of supplying such heat, air 15. FIRE AND CASUALTY DAMAGE (SEP conditioning, light, ventilation, safety systems, 1999) - 552.270-7 If the entire premises are health conditions, access and other things to the destroyed by fire or other casualty,this lease will premises, without reasonably preventable or immediately terminate. In case of partial recurring disruption, as is required for the destruction or damage, so as to render the Government's access to, occupancy, possession, premises untenantable, as determined by the use and enjoyment of the premises as provided in Government, the Government may terminate the this lease. For the purpose of so maintaining the lease by giving written notice to the Lessor premises, the Lessor, its agents, representatives, within 15 calendar days of the fire or other contractors and assigns may at reasonable times casualty; if so terminated, no rent will accrue to (within 24 hours notice) enter the premises with the Lessor after such partial destruction or the approval of and accompanied by the damage; and if not so terminated, the rent will authorized Government representative in charge. be reduced proportionately by supplemental b. Emergency Maintenance and Repairs. agreement hereto effective from the date of such The Lessee will notify the Lessor of any partial destruction or damage. emergency and request the Lessor to perform the Nothing in this lease shall be construed as necessary work. All emergency maintenance relieving Lessor from liability for damage to or and repairs performed by the Lessor will be destruction of property of the United States of completed within 48 hours from the time of America caused by the willful or negligent act or notification. Emergency maintenance and omission of Lessor. repairs include but are not limited to: (1) failure of heating/cooling system to 16. COMPLIANCE WITH APPLICABLE LAW maintain specific temperature (SEP 1999)-552.270-8 (2) failure of water system, including a. Lessor shall comply with all Federal, state hot water and local laws applicable to the Lessor as owner (3) inadequate or no water pressure or Lessor, or both, of the building or premises. (4) leaking water pipes This lease shall be governed by Federal law. (5) blocked or leaking drains b. SECURITY. Exit signs, emergency (6) electrical failure lighting, portable fire extinguishers, and fire (7) sewage system malfunction protection systems, such as sprinkler systems (8) failure of security and fire and alarms, which meet tire protection standards protection systems, including established by applicable state statutes, fire alarms and sprinklers regulations, building codes, or local ordinances, (9) Repair/replace exterior windows shall be provided and maintained by the Lessor. and doors including plate glass if This includes, but is not limited to, the recharging applicable. of fire extinguishers and replacement of long life In the event the Lessor shall fail to perform batteries (lithium) in smoke detectors. emergency maintenance and repairs within 48 Equipment, .services or utilities furnished, and hours or to perform non-emergency maintenance activities of other tenants shall be free of safety, and repairs within 5 days from the date notice is health,and fire hazards. - given by the Lessee, the Lessee may immediately perform or have performed such 17. FAILURE IN PERFORMANCE (SEP maintenance and repairs and deduct all costs 1999) - 552.270-10 The Government may thereof from the rental or other charges due or to deduct from any payments under this lease, become due under the terms of this lease. then or thereafter due, an amount which reflects the reduced value of the contract requirement not performed. No deduction from rent pursuant to this clause shall constitute a default by the Government under this lease. These remedies are not exclusive and are in addition to any other remedies which may be available under this lease or at law. 18. DEFAULT BY LESSOR DURING THE TERM (SEP 1999)-552.270-22 a. Each of the following shall constitute a default by Lessor under this lease: (1) Failure to maintain, repair, operate or service the premises as and when specified in this lease, or failure to perform any other 7 DACA45-5-11-00049 requirement of this lease as and when required this contract to a bank, trust company, or other provided any such failure shall remain uncured financing institution, including any Federal for a period of thirty (30) days next following lending agency. The Lessor shall not furnish or Lessor's receipt of notice thereof from the disclose to any assignee under this contract any Government or an authorized representative. classified document (including this contract) or (2) Repeated and unexcused failure information related to work under this contract by Lessor to comply with one or more until the Government authorizes such action in requirements of this lease shall constitute a writing. default notwithstanding that one or all such failures shall have been timely cured pursuant to 24. SUBORDINATION, NONDISTURBANCE this clause. AND ATTORNMENT(SEP 1999)-552.270-23 b. If a default occurs, the Government Lessor warrants that it holds such title to or other may, by notice to Lessor, terminate this lease for interest in the premises and other property as is default and if so terminated, the Government necessary to the Government's access to the shall be entitled to the damages specified in the premises and full use and enjoyment thereof in Default in Delivery-Time Extensions clause. accordance with the provisions of this lease. 19. ELECTRONIC FUNDS TRANSFER 25. NO WAIVER(SEP 1999)-552.270-26 . PAYMENT (MAR 2000) (VARIATION) - No failure by either party to insist upon the strict 552.232-76 performance of any provision of this lease or to a. The Government will make payments exercise any right or remedy consequent upon a under this lease by electronic funds transfer breach thereof, and no acceptance of full or (EFT). partial rent or other performance by either party b. Lessor's failure to properly designate a during the continuance of any such breach shall financial institution or to provide appropriate constitute a waiver of any such breach of such payee bank account information may delay provision. payments of amounts otherwise properly due. 26. STATEMENT OF LEASE (SEP 1999) - 20. PROMPT PAYMENT (SEP 1999) - 552.270-24 552.232-75 The Contracting Officer will, within thirty The Government will make payments under the (30) days next following the Contracting Officer's terms and conditions in the Prompt Payment Act. receipt of a joint written request from Lessor and • a prospective lender or purchaser of .the building, execute and deliver to Lessor a letter 21. SUBLETTING AND ASSIGNMENT (SEP stating that the same is issued subject to the 1999)— 552.270.5 The Government may sublet conditions stated in this clause and, if such is any part of the premises but shall not be relieved the case, that (1) the lease is in full force and from any obligations under this lease by reason of effect; (2) whether any notice of default has any such subletting. The Government may at any been issued. time assign this lease, and be relieved from all obligations to the Lessor under this lease 27. MUTUALITY OF OBLIGATION (SEP 1999) excepting only unpaid rent and other liabilities, if - 552.270-28 The obligations and covenants of any, that have accrued to the date of said the Lessor, and the Government's obligation to assignment. Any assignment shall be subject to pay rent and other Government obligations and prior written consent of the Lessor, which shall covenants, arising under or related to this not be unreasonably withheld. Lease, are interdependent. 22. SUBSTITUTION OF TENANT AGENCY 28. SUCCESSORS BOUND (SEP 1999) - . (SEP 1999) - 552.270-25 The Government 552.270-11 may, at any time and from time to time, This lease shall bind, and inure to the benefit of, substitute any Government agency or agencies the parties and their respective heirs, executors, for the Government agency or agencies. administrators,successors, and assigns. 23. ASSIGNMENT OF CLAIMS (JAN 1986) - 29. INTEGRATED AGREEMENT (SEP 1999) - 52.232-23 552.270-27 This Lease, upon execution, The Lessor, under the Assignment of Claims contains the entire agreement of the parties and Act, as amended, 31 USC 3727, 41 USC 15 no prior written or oral agreement, express or (hereafter referred to as the "the Act"), may implied, shall be admissible to contradict the assign its rights to be paid amounts due or to provisions of the Lease. become due as a result of the performance of 8 DACA45-5-11-00049 30. DISPUTES(JUL 2002)-52.233-1 lease contract if made with a corporation for its This contract is subject to the Contract Disputes general benefit. Act of 1978, as amended (41 U.S.C. 601-613). 34. COVENANT AGAINST CONTINGENT 31. EXAMINATION OF RECORDS: The FEES (FEB 1990) - 552.203-5 Lessor agrees that any duly authorized a. The Contractor warrants that no person Government representative shall have the right, or agency has been employed or retained to until the expiration of three (3) years after final solicit or obtain this contract upon an agreement payment of the agreed rental, to have access to or understanding for a contingent fee, except a and to examine any directly pertinent books, bona fide employee or agency. For breach or documents, papers, and records of the Lessor violation of this warranty, the Government shall involving transactions related to this lease. have the right to annul this contract without liability or, in its discretion, to deduct from the 32. GRATUITIES TO GOVERNMENT contract price or consideration, or otherwise EMPLOYEES: recover the full amount of the contingent fee. a. The Government may, by written notice b. "Bona fide agency," as used in this to the Lessor,terminate the right of the Lessor to clause, means an established commercial or proceed under this lease if it is found, after selling agency (including licensed real estate notice and hearing, by the Secretary of the Army agents or brokers), maintained by a Contractor or his duly authorized representative, that for the purpose of securing business, that gratuities (in the form of entertainment, gifts, or neither exerts nor proposes to exert improper otherwise) were offered or given by the Lessor, influence to solicit or obtain Government or any agency or representative of the Lessor,to contracts nor holds itself out as being able to any officer or employee of the Government with obtain any Government contract or contracts a view toward securing a lease or securing through improper influence. favorable treatment with respect to the awarding c. "Bona fide employee," as used in this or amending, or the making of any clause, means a person, employed by a determinations with respect to the performing, of Contractor and subject to the Contractor's such lease, provided, that the existence of facts supervision and control as to time, place, and upon which the Secretary of the Army or his duly manner of performance, who neither exerts nor authorized representative makes such findings proposes to exert improper influence to solicit or shall be in issue and may be reviewed in any obtain Government contracts nor holds out as competent court. being able to obtain any Government contract or b. In the event this lease is terminated as contracts through improper influence. provided in paragraph a. hereof the Government d. "Contingent fee," as used In this clause, shall be entitled (1) to pursue the same means any commission, percentage, brokerage, remedies against the Lessor as it could pursue or other fee that is contingent upon the success in the event of a breach of the lease by the that a person or concern has in securing a Lessor and (2) as a penalty, in addition to any Government contract. other damages to which it may be entitled by e. "Improper influence," as used in this law, to exemplary damages in an amount (as clause, means any influence that induces or determined by the Secretary of the Army or his tends to induce a Government employee or duly authorized representative) which shall be officer to give consideration or to act regarding a not less than three (3) nor more than ten (10) Government contract on any basis other than times the cost incurred by the Lessor in the merits of the matter. providing any such gratuities to any such officer or employee. 35. PROHIBITION OF SEGREGATED c. The rights and remedies of the FACILITIES(FEB 1999) - 52.222-21 Government provided in this clause shall not be a. "Segregated facilities," as used in this exclusive and are in addition to any other rights clause, means any waiting rooms, work areas, and remedies provided by law or under this rest rooms and wash rooms, restaurants and lease. other eating areas, time clocks, locker rooms 33. OFFICIALS NOT TO BENEFIT. and other storage or dressing areas, parking No Member of or Delegate to Congress, or lots, drinking fountains, recreation or Resident Commissioner shall be admitted to any entertainment areas, transportation, and housing share or part of this lease contract, or to any facilities provided for employees, that are benefit that may arise therefrom; but this segregated by explicit directive or are in fact provision shall not be construed to extend to this segregated on the basis of race, color, religion, sex, or national origin because of written or oral 9 DACA45-5-11-00049 policies or employee custom. The term does not include separate or single-user rest rooms or 2. CENTRAL CONTRACTOR REGISTRATION necessary dressing or sleeping areas provided (OCT 2003)(VARIATION)–52.204-7 • to assure privacy between the sexes. a. Definitions. As used in this clause- b. The Lessor agrees that it does not and Central Contractor Registration (CCR) will not maintain or provide for its employees any database" means the primary Government segregated facilities at any of its establishments, repository for Contractor information required for and that it does not and will not permit its the conduct of business with the Government. employees to perform their services at any "Data Universal Numbering System location under its control where segregated (DUNS) number" means the 9-digit number facilities are maintained. The Lessor agrees that assigned by Dun and Bradstreet, Inc. (D&B) to a breach of this clause is a violation of the Equal identify unique business entities. Opportunity clause in this contract. "Data Universal Numbering System +4 c. The Lessor shall include this clause in (DUNS+4) number" means the DUNS number • every subcontract and purchase order that is assigned by D&B plus a 4-character suffix that subject to the Equal Opportunity clause of this may be assigned by a business concern. (D&B contract. has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the 36. EQUAL OPPORTUNITY (APR 2002) - discretion of the business concern to establish 52.222-37 additional CCR records for identifying alternative Definition. "United States," as used in this Electronic Funds Transfer (EFT) accounts for clause, means the 50 States, the District of the same parent concern. Columbia, Puerto Rico, the Northern Mariana "Offeror" means the owner of the property Islands, American Samoa, Guam, the U.S. offered, not an individual or agent representing • Virgin Islands, and Wake Island. the owner. The Contractor shall not discriminate "Registered in the OCR database" means against any employee or applicant for that— employment because of race, color, religion, (1) The Contractor has entered all sex, familial status or national origin, disabled mandatory information, including the DUNS veterans, veterans of the Vietnam era, and other number or the DUNS+4 number, into the CCR eligible veterans. database; and The Contractor shall insert the terms of this (2) The Government has validated all clause in all subcontracts or purchase orders of mandatory data fields and has marked the $25,000 or more unless exempted by rules, record"Active." regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the b. (1) By submission of an offer, the Deputy Assistant Secretary of Labor to enforce offeror acknowledges thee requirement that a the terms, including action for noncompliance. prospective awardee must be registered with D&B and in the CCR database prior to award, 37. AFFIRMATIVE ACTION FOR WORKERS during performance, and through final payment WITH DISABILITIES(JUN 1998) - 52.222-36 of any contract resulting from this solicitation. Regarding any position for which the employee (2) The offeror shall enter in the or applicant for employment is qualified, the appropriate block, on the GSA Form 3518, Contractor shall not discriminate against any entitled Representations and Certifications, the employee or applicant because of physical or legal entity's name and address, followed by the mental disability. DUNS or DUNS +4 number that identifies the offerors name and address exactly as stated in REPRESENTATIONS AND CERTIFICATIONS the offer. The DUNS number will be used by the Government to verify that the offeror is 1. OWNERSHIP registered in the CCR database. The Lessor certifies that he is the rightful and c. If the offeror does not have a DUNS legal owner of the property and has the legal number, it should contact Dun and Bradstreet right to enter into this lease. If the title of the directly to obtain one. Lessor shall fail, or it be discovered that the (1) An offeror may obtain a DUNS Lessor did not have authority to lease the number— property,the Government may terminate. (i) if located within the United The Lessor, the Lessor's heirs, executors, States, by calling Dun and Bradstreet at 1-866- administrators, successors, or assigns agree to 705-5711 or via the Internet at indemnify the Lessee by reason of such failure http://www.dnb.com;or and to refund all rentals paid. 10 DACA45-5-11-00049 (ii) If located outside the United entitled Representations and Certifications, States, by contacting the local Dun and along with written notification of its intention to Bradstreet office. (A)change the name in the CCR database; and (2) The offeror should be prepared (B) provide the Government with sufficient to provide the following information: documentation to verify and confirm the legally (i) Company legal business. changed name or change in ownership. (ii) Tradestyle, doing business, or (ii) If the Contractor fails to comply with the other name by which your entity is commonly requirements of paragraph (g)(1)(i) of this recognized. clause, or fails to perform the agreement at (iii) Company Physical Street paragraph (g)(1)(i)(C) of this clause, and, in the Address, City, State,and ZIP Code. absence of a properly executed novation or (iv) Company, Mailing Address, change-of-name agreement, the CCR City, State and ZIP Code (if separate from information that shows the Contractor to be physical). other than the Contractor indicated in the (v) Company Telephone Number. contract will be considered to be incorrect (vi) Date the company was information within the meaning of the started. "Suspension of Payment" paragraph of the (vii) Number of employees at your electronic funds transfer (EFT) clause of this location. contract. (viii) Chief executive officer/key (2) The Lessor shall not change the manager. name or address for EFT payments or manual (ix) Line of business(industry), payments, as appropriate, in the CCR record to (x) Company Headquarters name reflect an assignee for the purpose of and address (reporting relationship within your assignment of claims. Assignees shall be entity). separately registered in the CCR database. d. If the Offeror does not become registered Information provided to the Lessor's CCR record in the CCR database in the time prescribed by that indicates payments, including those made the Government, the Government will proceed to by EFT, to an ultimate recipient other than that award to the next otherwise successful Lessor will be considered to be incorrect registered Offeror. information. e. Processing time, which normally takes h. Offerors and Contractors may obtain 48 hours, should be taken into consideration information on registration and annual when registering. Offerors who are not confirmation requirements via the internet at registered should consider applying for http://www.ccr.00v or by calling 1-888-227-2423, registration immediately upon receipt of this or 269-961-5757. solicitation. f. The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. g. (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, the Contractor shall comply with the requirements of Subpart 42.12 of the Federal Acquisition Regulations (FAR) and provide the responsible Government a fully revised and initialed/signed GSA Form 3518, 11 -:' ;, 4.14.:*;44:4 ::*:1:::::': .tel' alas Asx Sae ' y. USARC Iowa City , Johnson County, IA • Riverside Drive W`S_ E .. ' T 79 N, R 6 W,Section 22 r�• •• 5th Principal Meridian e fl , res, • • ' Roads meg., .Y iM • S 'j Lease Area CACA45-541-00049 • s/rr• � s t9t3SRiw.e�rps'id Or;IDwa.CRg IA 522d0i. 0 40 80 160 trr 1 au• Feet eP k ,a.. • • • '' 4 1erC . �y ryTft �m� == a tt and • r f , .4 ?a,,, ; ''t ° ' • J. "'""'"'""b.""'*'""" n a.b eaar a.d= aa. v oe aval.ee.a aww . 1- Real Estate yy • 'f -0 ' §rp9aT. } CCVM1O•R.a tlt ,A d +e ' V .y ty 9 Jese 0?v:pn 4 • • t' Febnary 10 2011 su in.'1 I • • • i y . . ...., a • .. • o US Army Corps - ',;4 i,..�� .r:.. .. r of Engineers . €:i, i�.' _ Omana Oatrlct • C4Wo,kSpare Yeaae,lowa Lary aaa 'I1 w' lewa QI/Mpv,_ a OACAe5�S1,L0'J19.m.e a arp, '. >R „q'"_ - EXHIBIT"A"ATTACHED TO AND . ,. ° x }^a MADE PART OF DACA45-5-11-00049 ra Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. //- g `J RESOLUTION AUTHORIZING THE CHAIRPERSON TO EXECUTE AND THE SECRETARY TO ATTEST TO A LAND LEASE BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY,IOWA,AND UNITED STATES GOVERNMENT WHEREAS,the Airport Commission of the City of Iowa City has negotiated a lease for land with the U.S. Government for use by the Army Reserves for storage; and WHEREAS,the previous lease agreement has expired; and WHEREAS,the Commission finds the proposed lease to be proper and in the best interest of the Iowa City Municipal Airport; and, WHEREAS,the term of the lease shall be from March 1, 2011 through 29 February,2016. NOW,THEREFORE,BE IT RESOLVED BYU THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That the proposed land lease, a copy of which is attached, is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to the land lease between the Airport Commission and the U.S. Government. It was moved by Vp ' "i and seconded by (/�/,e. the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline Crane Gardinier Horan Mascari Passed and approved this (OIL' n"day of Mow Gw(,i,\ 2011. Approved By: CHAIRPERSON 7,4_ 3- 1 ATTEST: SECRETARY City Attorney's Office DACA45-5-11-00049 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE R Is/161 a1')f LEASE NO. DACA45-5-11-00049 THIS LEASE,made and entered into this date,by and between the Iowa City Airport Commission whose address is 1801 South Riverside Drive,Iowa City,Iowa 52248, which administers land owned by the City of Iowa City, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned,covenant and agrees as follows: L The Lessor hereby leases to the Government the following described premises: Exclusive use of approximately 24,000 square feet of land, described as a level fenced in storage area located: immediately to the West of the adjacent U.S.Army Reserve Center whose address is 1913 South Riverside Drive, Iowa City, Iowa 52248 as more particularly shown on Exhibit "A", attached hereto and made a part hereof,to be used for Government purposes. 2.TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on 01 March,2011 through 29 February 2012, subject to termination and renewal rights as may be hereinafter set forth. Nothing in this lease shall constitute, or be deemed to constitute, an obligation of future appropriations by the United States or considered as implying that the Congress will appropriate additional funds. 3. The Government shall pay the Lessor annual rent of Four Thousand Two Hundred Dollars ($4,200.00) at the rate of Three Hundred Fifty Dollars($350.00)per month in arrears. Rent for a lesser period shall be prorated. All payments by the Government under the terms of this lease shall be made payable to: Iowa City Airport Commission, 1801. South Riverside Drive, Iowa City, Iowa 52248 via electronic funds transfer(EFT) (as referenced in the General Clauses and Conditions.) Payments shall be made by the Army Reserves 88th RSC,via DFAS Indianapolis Center 8899 E. 56th Street Attn: Dept. 3800 Indianapolis, IN 46249-3800 STANDARD FORM 2(REV.8/2003) 1 DACA45-5-11-00049 4. The Government may terminate this lease at any time by giving at least 30 days'notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the dateof mailing. 5. This lease shall be automatically renewed from year-to-year without further notice unless and until the Government shall give notice of termination in accordance with clause 4; provided that adequate appropriations are available from year-to-year for the payment of rentals; and provided further, that this lease shall in no event extend beyond 29 February 2016. 6. The following are attached and made a part hereof: a. The General Clauses, Conditions and Instructions (1-37), b. Representations and Certifications(1-2) c, Exhibit" A ", Site Plan 7. The following changes were made in this lease prior to its execution: NOTICES: Any notice under the terms of this Lease is to be given in writing and delivered by"Certified Mail,Return Receipt Requested"or registered mail, Express Mail or comparable service, or delivered by hand and delivery, whether accepted or refused, attempted delivery, or marked undeliverable, shall be deemed notice under the terms of this Lease. Any notice given by the Lessor to the Government shall be addressed to: Omaha District Commander, U.S.Army Engineer District, ATTN: CENWO-RE-M, 1616 Capitol Avenue, Suite 9000,Omaha,Nebraska 68102-4901;with reference to the Lease number: DACA45-5-11-00049. Any notice given by the Government to the Lessor or his agent shall be addressed to: Michael Tharp; of the Iowa City Airport Commission,Iowa City,Iowa 52248, Email: Michael- Tharp@iowa-city.org and Phone Number: (319)356-5045 Ext.5 For maintenance purposes notice shall be addressed to: [Michael Tharp, (319)356-5045 Ext. 5, Mich ael-Tharp@iowa-city.o rg] The remainder of this page is blank STANDARD FORM 2(REV.6/2003) 2 DACA45-5-11-00049 IN WITNESS WHEREOF,the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR: LESSOR: 1r7-244 – 46— ("Alt,/ MINNETTA GARDINIER STEVE CRANE (Signature) (Signature) GOVERNMENT: • b a, LON G. LARSON Chief, Real Estate Division Real Estate Contracting Officer Fund Citation: 211208000000BRBRCJ131 R79T0407232Z2WFDCAIA0183F1 LEA001 FDCA2W012167 STANDARD FORM 2(REV.6/2003) 3 DACA45-5-11-00049 General Clauses and Conditions: (8) strikes, (9) freight embargoes, 1.DEFINITIONS (SEP 1999) (VARIATION) — (10) unusually severe weather, or 552.270-4: (11) delays of subcontractors or suppliers The following terms and phrases (except as at any tier arising from unforeseeable causes otherwise expressly provided or unless the beyond the control and without the fault or context otherwise requires)for all purposes of this negligence of both the Lessor and any such lease shall have the respective meanings subcontractor or supplier. hereinafter specified: (j) "Lessee' means"Government." (a) "Casualty" means, but is not limited to, (k) "Lessor" means "Owner" or the sub- acts of nature, such as fire, lightning, Lessor if this lease is a sublease. earthquakes, floods, or severe weather and acts (I) "Lessor shall provide" means the Lessor of war or terrorism. shall furnish and install at Lessor's Expense. (b) "Commencement Date" means the first (m) 'Notice". Unless otherwise stated or in day of the term. case of an emergency or threat to health, safety, (c) "Common area" means "that part of the and security, "Notice" means written notice sent premises provided, designated, and maintained by certified or registered mail, Express Mail or by the Lessor for the common use of all tenants; comparable service, or delivered by hand. including but not limited to, private streets and Notice shall be effective commencing on the day driveways, curbs, parking areas, service alleys, after the date the notice is mailed. loading areas, retaining walls, sidewalks; (n) "Premises" means the space described landscaping, lighting, hallways, restrooms, on the U.S. Government Lease for Real stairwells, and elevators." Property lease form. (d) "Contract" and "Contractor" means (o) "Substantially complete" and "substantial "Lease"and "Lessor,"respectively. completion" means that the work, the common (e) "Contracting Officer" or "Government" and other areas of the building, and all other means a person with the authority to enter into, things necessary for the Government's access to administer, and/or terminate contracts and make the premises and occupancy, possession, use related determinations and findings. The term and enjoyment thereof, as provided in this lease, includes certain authorized representatives of have been completed or obtained, the Government acting within the limits of their excepting only such minor matters as do not authority as delegated by the Government. interfere with or materially diminish such access, (f) "Delivery Date" means the date occupancy, possession, use or enjoyment. specified in or determined pursuant to the (p) "Usable square feet" means the usable provisions of this lease for delivery of the office area or the area where a tenant normally premises to the Government, improved in houses personnel and/or furniture, for which a accordance with the provisions of this lease and measurement is to be computed." substantially complete, as such date may be (q) "Work" means all alterations, modified in accordance with the provisions of improvements, modifications, and other things this lease. required for the preparation or continued (g) "Delivery Time" means the number of occupancy of the premises by the Government days provided by this lease for delivery of the as specified in this lease. premises to the Government, as such number may be modified in accordance with the 2. ALTERATIONS: The Government shall provisions of this lease. have the right during the existence of this lease (h) "Effective Date" means the date on which to make alterations, attach fixtures, and erect the lease is signed by the Government. additions, structures or signs in or upon the (i) "Excusable Delays" mean delays arising premises hereby leased. Upon Government without the fault or negligence of Lessor and request, the Lessor shall be required to Lessor's subcontractors and suppliers at any obtain bids for the said work and to provide tier, and shall include, without limitation: the bids to the Government. Any work to be (1) acts of God or of the public enemy, performed through the Lessor will be (2) acts of the United States of America in implemented by supplemental agreement. The either its sovereign or contractual capacity, Government's portion of the expense will be (3) acts of another contractor in the paid on a reimbursable basis. Such fixtures, performance of a contract with the Government, additions, or structures shall be and remain the (4) fires, property of the Government, and may be (5) floods, removed prior to the expiration or termination of (6) epidemics, this lease or abandoned in place. (7) quarantine restrictions, 4 • DACA45-5-I 1-00049 3.RESTORATION: 5. WARRANTY: The Lessor certifies the a. The Lessor may, upon no less than ten mechanical equipment, building systems, and (10) days written notice to the Government before the utilities to be in good serviceable and termination or expiration of the lease, require operating condition and meet all building code restoration of the leased premises, subject to the requirements. exceptions to restoration stated below in paragraph b. In this event, prior to the expiration 6. HAZARDOUS TOXIC WASTES: or termination of this lease, or a reasonable time a. The Lessor represents and certifies as thereafter, the Government shall, at its sole part of the terms of this Lease that the site, election, either, building, and building space which are being (1) Restore the premises to the same leased to the Government, to the best of his or condition as that existing at the time of entering her knowledge, are not properties or structures into the lease, or, with known or potential environmental (2) Make appropriate settlement to the contamination including asbestos, radon, or Lessor representing either the diminution in the hazardous or toxic materials/substances/wastes fair market value of the property due to the failure and such substances have not been used on the to restore, or the actual cost of restoration, said premises. This certification is a material whichever is the lesser amount. representation of fact upon which the b. The Government shall not restore the Government relies when entering into the lease. premises, either physically or by payment in lieu If it is later determined that environmental thereof, for damages as a result of reasonable contamination is present, the Government ordinary wear and tear, the elements or reserves the right to require the Lessor, at no circumstances over which the Government has cost to the Government, to (1) remove such no control, or alterations, or damages thereto, properties or structures or contaminated which the Government installed at its expense or materials, substances, or wastes contained the Lessor installed and was reimbursed by the therein and restore the premises to the Government through payment thereof. satisfaction of the Government, or(2)to take the c. CONDITION REPORTS: A joint physical necessary action to mitigate the hazardous or survey and inspection of the demised premises toxic waste condition or other environmental shall be made as of the delivery date contained in contamination, in accordance with local, state, this lease, reflecting the then present condition, and Federal laws, or (3) in the alternative, the and will be documented on behalf of the parties Government, at its option, may terminate the hereto. Upon expiration or termination of this lease effective upon notification without any lease, a final inspection shall be conducted by penalty whatsoever. In addition to the rights representatives of both the Lessor and the under (1), (2), and (3) above, if it is determined Government. If restoration of damages is that the Lessor has made a willful required, they shall be in written form signed on misrepresentation, the Lessor shall also be behalf of both parties and this lease amended by responsible for all costs and expenses of supplemental agreement relocating to another location in the event the Government in its discretion determines it 4. DAMAGES: The Lessee shall be liable only necessary to relocate to other premises. for damages resulting from negligence or b. The Lessor shall immediately notify the misconduct of Lessee personnel. The Lessee Government of any hazardous or toxic shall not be liable for any loss, destruction. or conditions or other environmental contamination damages to the premises beyond the control and in any part of the leased premises upon without the fault or negligence of the Lessee, obtaining knowledge of the same. including but not restricted to, acts of nature, such as fire, lightning, earthquakes, floods, or severe weather and acts of war or terrorism. The parties agree that settlement of damages by the Lessee, if any, shall be done at termination of the lease. The Government's liability under this clause may not exceed appropriations available for such payment and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any rights the Lessor may have to make a claim under applicable laws for any other damages than provided herein. 5 DACA45-5-11-00049 ' 7. CHANGE OF OWNERSHIP: 11. DEFAULT IN DELIVERY—TIME a. If, during the term of this lease, including EXTENSIONS (SEP 1999) (VARIATION) any renewals or extensions, title to this property 552.270-18 is transferred to another party either by sale, a. With respect to Lessor's obligation to foreclosure, condemnation, assignment, or other deliver the premises substantially complete by transaction, the Lessor (transferor) shall the delivery date, time is of the essence. If the promptly notify the Government of said transfer. Lessor fails to work diligently to ensure its The following information shall accompany such substantial completion by the delivery date or notification: fails to substantially complete the work by such (1) A copy of the deed or other date, the Government may by notice to the appropriate instrument transferring title or Lessor terminate this lease. Such termination is sufficient interest to lease to the property from effective the day after the date notice is mailed the transferor to the new owner. to the Lessor. The Lessor and the Lessor's (2) The new owners tax identification or sureties, if any, are jointly and severally liable for social security number. any damages to the Government resulting from b. The foregoing information must be such termination, as provided in this clause. received not later than twenty (20) days after the b. The Government shall not terminate effective date of transfer of title. In any instance, this lease under this clause nor charge the failure to submit the documentation required for Lessor with damages under this clause, if(1) the a transfer of title will result in a suspension of delay in substantially completing the work arises rental payments until such time as all from excusable delays and (2) the Lessor within documentation is received by the Government. 10 days from the beginning of any such delay (unless extended in writing by the Government) c. When the title to premises leased to the provides notice to the Government of the causes Government is transferred, a supplemental of delay. The Government shall ascertain the agreement shall be entered into by the old facts and the extent of delay. If the facts warrant, (Transferor) and new (Transferee) owners and the Government shall extend the delivery date, the Government to reflect such change of to the extent of such delay at no additional costs ownership. to the Government. A time extension is the sole remedy of the Lessor. 8. CHANGES (SEP 1999) (VARIATION) - 552.270-14 12. ACCEPTANCE OF SPACE (SEP 1999) - The Government may at any time, by 552.270-29 written supplemental agreement, make changes a. When the Lessor has completed all or variations to the original lease agreement. alterations, improvements, and repairs necessary to meet the requirements of the 9. INVOICE REQUIREMENTS (SEP 1999) lease, the Lessor shall notify the Government. (VARIATION)-552.232-70 The Government's designated representative (This clause applies to payments other than may promptly inspect the space. rent.) Invoices shall be submitted in an original only, unless otherwise specified, to the - 13. EFFECT OF ACCEPTANCE AND designated billing office specified in this lease or OCCUPANCY (SEP 1999) - 552.270-21 order, including the lease number and address Neither the Government's acceptance of the of the leased premises, premises for occupancy or the Government's occupancy thereof, shall be construed as a 10. DELIVERY AND CONDITION (SEP 1999) - waiver of any requirement of or right of the 552.270-17 Government under this Lease, or as otherwise The space must be delivered ready for prejudicing the Government with respect to any occupancy as a complete unit. The Government such requirement or right. reserves the right to determine when the space is substantially complete. If the premises do not 14. MAINTENANCE OF BUILDING AND in every respect comply with the provisions of PREMISES—RIGHT OF ENTRY (SEP 1999) - this lease the Government may, in accordance 552.270-6 with the Failure in Performance clause of this a. Except in case of damage arising out of lease, elect to reduce the rent payments. the willful act or negligence of a Government employee, Lessor shall maintain the premises, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and condition so that they are suitable in appearance 6 DACA45-5-11-00049 and capable of supplying such heat, air 15. FIRE AND CASUALTY DAMAGE (SEP conditioning, light, ventilation, safety systems, 1999) - 552.270-7 If the entire premises are health conditions, access and other things to the destroyed.by fire or other casualty, this lease will premises, without reasonably preventable or immediately terminate. In case of partial recurring disruption, as is required for the destruction or damage, so as to render the Governments access to, occupancy, possession, premises untenantable, as determined by the use and enjoyment of the premises as provided in 'Government, the Government may terminate the this lease. For the purpose of so maintaining the lease by giving written notice to the Lessor premises, the Lessor, its agents, representatives, within 15 calendar days of the fire or other contractors and assigns may at reasonable times casualty; if so terminated, no rent will accrue to (within 24 hours notice) enter the premises with the Lessor after such partial destruction or the approval of and accompanied by the damage; and if not so terminated, the rent will authorized Government representative in charge. be reduced proportionately by supplemental b. Emergency Maintenance and Repairs. agreement hereto effective from the date of such The Lessee will notify the Lessor of any partial destruction or damage. emergency and request the Lessor to perform the Nothing in this lease shall be construed as necessary work. All emergency maintenance relieving Lessor from liability for damage to or. and repairs performed by the Lessor will be destruction of property of the United States of completed within 48 hours from the time of America caused by the willful or negligent act or notification. Emergency maintenance and omission of Lessor. repairs include but are not limited to: (1) failure of heating/cooling system to 16. COMPLIANCE WITH APPLICABLE LAW maintain specific temperature fSEP 1999)-552.270-8 (2) failure of water system, including a. Lessor shall comply with all Federal, state hot water and local laws applicable to the Lessor as owner (3) inadequate or no water pressure or Lessor, or both, of the building or premises. (4) leaking water pipes This lease shall be governed by Federal law. (5) blocked or leaking drains b. SECURITY. Exit signs, emergency (6) electrical failure lighting, portable fire extinguishers, and fire (7) sewage system malfunction protection systems, such as sprinkler systems (8) failure of security and fire and alarms, which meet fire protection standards protection systems, including established by applicable state statutes, fire alarms and sprinklers regulations, building codes, or local ordinances, (9) Repair/replace exterior .windows shall be provided and maintained by the Lessor. and doors including plate glass if This includes, but is not limited to, the recharging applicable. of fire extinguishers and replacement of.long life In the event the Lessor shall fail to perform batteries (lithium) in smoke detectors. emergency maintenance and repairs within 48 Equipment, services or utilities furnished, and hours or to perform non-emergency maintenance activities of other tenants shall be free of safety, and repairs within 5 days from the date notice is health, and fire hazards. given by the Lessee, the Lessee may immediately perform or have performed such 17. FAILURE IN PERFORMANCE (SEP maintenance and repairs and deduct all costs 1999) - 552.270-10 The Government may thereof from the rental or other charges due or to deduct from any payments under this lease, become due under the terms of this lease. then or thereafter due, an amount which reflects the reduced value of the contract requirement not performed. No deduction from rent pursuant to this clause shall constitute a default by the Government under this lease. These remedies are not exclusive and are in addition to any other remedies which may be available under this lease or at law, 18. DEFAULT BY LESSOR DURING THE TERM (SEP 1999)-552.270-22 a. Each of the following shall constitute a default by Lessor under this lease: (1) Failure to maintain, repair, operate or service the premises as and when specified in this lease, or failure to perform any other 7 • DACA45-5-11-00049 requirement of this lease as and when required this contract to a bank, trust company, or other provided any such failure shall remain uncured financing institution, including any Federal for a period of thirty (30) days next following lending agency. The Lessor shall not furnish or Lessors receipt of notice thereof from the disclose to any assignee under this contract any Government or an authorized representative. classified document (including this contract) or (2) Repeated and unexcused failure information related to work under this contract by Lessor to comply with one or more until the Government authorizes such action in requirements of this lease shall constitute a writing. default notwithstanding that one or all such failures shall have been timely cured pursuant to 24. SUBORDINATION, NONDISTURBANCE, this clause. AND.ATTORNMENT(SEP 1999)-552.270-23 b. If a default occurs, the Government Lessor warrants that it holds such title to or other may, by notice to Lessor, terminate this lease for interest in the premises and other property as is default and if so terminated, the Government necessary to the Governments access to the shall be entitled to the damages specified in the premises and full use and enjoyment thereof in Default in Delivery-Time Extensions clause. accordance with the provisions of this lease. 19. ELECTRONIC FUNDS TRANSFER 25. NO WAIVER(SEP 1999)-552.270-26 PAYMENT (MAR 2000) (VARIATION) - No failure by either party to insist upon the strict 552.232-76 performance of any provision of this lease or to a. The Government will make payments exercise any right or remedy consequent upon a under this lease by electronic funds transfer breach thereof, and no acceptance of full or (EFT). partial rent or other performance by either party b. Lessor's failure to properly designate a during the continuance of any such breach shall financial institution or to provide appropriate constitute a waiver of any such breach of such payee bank account information may delay provision. payments of amounts otherwise properly due. 26. STATEMENT OF LEASE fSEP 1999) - 20. PROMPT PAYMENT (SEP 1999) - 552.270-24 552.232-75 The Contracting Officer will, within thirty The Government will make payments under the (30) days next following the Contracting Officer's terms and conditions in the Prompt Payment Act. receipt of a joint written request from Lessor and a prospective lender or purchaser of the building, execute and deliver to Lessor a letter 21. SUBLETTING AND ASSIGNMENT (SEP stating that the same is issued subject to the 1999) — 552.270.5 The Government may sublet conditions stated in this clause and, if such is any part of the premises but shall not be relieved the case, that (1) the lease is in full force and from any obligations under this lease by reason of effect; (2) whether any notice of default has any such subletting.The Government may at any been issued. time assign this lease, and be relieved from all obligations to the Lessor under this lease 27. MUTUALITY OF OBLIGATION (SEP 19991 excepting only unpaid rent and other liabilities, if - 552.270-28 The obligations and covenants of any, that have accrued to the date of said the Lessor, and the Government's obligation to assignment. Any assignment shall be subject to pay rent and other Government obligations and prior written consent of the Lessor, which shall covenants, arising under or related to this not be unreasonably withheld. Lease, are interdependent. 22. SUBSTITUTION OF TENANT AGENCY 28. SUCCESSORS BOUND (SEP 1999) - (SEP 1999) - 552.270-25 The Government 552.270-11 may, at any time and from time to time, This lease shall bind, and inure to the benefit of, substitute any Government agency or agencies the parties and their respective heirs, executors, for the Government agency or agencies. administrators, successors, and assigns. 23. ASSIGNMENT OF CLAIMS (JAN 1986) - 29. INTEGRATED AGREEMENT (SEP 1999) - 52.232-23 552.270-27 This Lease, upon execution, The Lessor, under the Assignment of Claims contains the entire agreement of the parties and Act, as amended, 31 USC 3727, 41 USC 15 no prior written or oral agreement, express or (hereafter referred to as the "the Act'), may implied, shall be admissible to contradict the assign its rights to be paid amounts due or to provisions of the Lease. become due as a result of the performance of 8 • DACA45-5-11-00049 30. DISPUTES(JUL 2002)-52.233-1 lease contract if made with a corporation for its This contract is subject to the Contract Disputes general benefit. Act of 1978, as amended (41 U.S.C. 601-613). 34. COVENANT AGAINST CONTINGENT 31. EXAMINATION OF RECORDS: The FEES(FEB 19901 - 552.203-5 Lessor agrees that any duly authorized a. The Contractor warrants that no person Government representative shall have the right, or agency has been employed or retained to until the expiration of three (3) years after final solicit or obtain this contract upon an agreement payment of the agreed rental, to have access to or understanding for a contingent fee, except a and to examine any directly pertinent books, bona fide employee or agency. For breach or documents, papers, and records of the Lessor violation of this warranty, the Government shall involving transactions related to this lease. have the right to annul this contract without liability or, in its discretion, to deduct from the 32. GRATUITIES TO GOVERNMENT contract price or consideration, or otherwise EMPLOYEES: recover the full amount of the contingent fee. a. The Government may, by written notice b. "Bona fide agency," as used in this to the Lessor, terminate the right of the Lessor to clause, means an established commercial or proceed under this lease if it is found, after selling agency (including licensed real estate notice and hearing, by the Secretary of the Army agents or brokers), maintained by a Contractor or his duly authorized representative, that for the purpose of securing business, that gratuities (in the form of entertainment, gifts, or neither exerts nor proposes to exert improper otherwise) were offered or given by the Lessor, influence to solicit or obtain Government or any agency or representative of the Lessor, to contracts nor holds itself out as being able to any officer or employee of the Government with obtain any Government contract or contracts a view toward securing a lease or securing through improper influence. favorable treatment with respect to the awarding c. "Bona fide employee," as used in this or amending, or the making of any clause, means a person, employed by a determinations with respect to the performing, of Contractor and subject to the Contractor's such lease, provided, that the existence of facts supervision and control as to time, place, and upon which the Secretary of the Army or his duly manner of performance, who neither exerts nor authorized representative makes such findings proposes to exert improper influence to solicit or shall be in issue and may be reviewed in any obtain Government contracts nor holds out as competent court. being able to obtain any Government contract or b. In the event this lease is terminated as contracts through improper influence. provided in paragraph a. hereof the Government d. "Contingent fee," as used in this clause, shall be entitled (1) to pursue the same means any commission, percentage, brokerage, remedies against the Lessor as it could pursue or other fee that is contingent upon the success in the event of a breach of the lease by the that a person or concern has in securing a Lessor and (2) as a penalty, in addition to any Govemment contract. other damages to which it may be entitled by e. "Improper influence," as used in this law, to exemplary damages in an amount (as clause, means any influence that induces or determined by the Secretary of the Army or his tends to induce a Government employee or duly authorized representative) which shall be officer to give consideration or to act regarding a not less than three (3) nor more than ten (10) Government contract on any basis other than times the cost incurred by the Lessor in the merits of the matter. providing any such gratuities to any such officer or employee. 35. PROHIBITION OF SEGREGATED c. The rights and remedies of the FACILITIES (FEB 1999) - 52.222-21 Government provided in this clause shall not be exclusive and are in addition to any other rights a "Segregated facilities," as used in this and remedies provided by law or under this clause, means any waiting rooms, work areas, lease. rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms 33. OFFICIALS NOT TO BENEFIT. and other storage or dressing areas, parking No Member of or Delegate to Congress, or lots, drinking fountains, recreation or Resident Commissioner shall be admitted to any entertainment areas, transportation, and housing share or part of this lease contract, or to any facilities provided for employees, that are benefit that may arise therefrom; but this segregated by explicit directive or are in fact provision shall not be construed to extend to this segregated on the basis of race, color, religion, sex, or national origin because of written or oral 9 DACA45-5-I 1-00049 policies or employee custom. The term does not include separate or single-user rest rooms or 2. CENTRAL CONTRACTOR REGISTRATION necessary dressing or sleeping areas provided (OCT 2003)(VARIATION)—52.204-7 to assure privacy between the sexes. a. Definitions. As used in this clause- b. The Lessor agrees that it does not and Central Contractor Registration (CCR) will not maintain or provide for its employees any database" means the primary Government segregated facilities at any of its establishments, repository for Contractor information required for and that it does not and will not permit its the conduct of business with the Government employees to perform their services at any "Data Universal Numbering System location under its control where segregated (DUNS) number" means the 9-digit number facilities are maintained. The Lessor agrees that assigned by Dun and Bradstreet, Inc. (D&B) to a breach of this clause is a violation of the Equal identify unique business entities. Opportunity clause in this contract. "Data Universal Numbering System +4 c. The Lessor shall include this clause in (DUNS+4) number means the DUNS number every subcontract and purchase order that is assigned by D&B plus a 4-character suffix that subject to the Equal Opportunity clause of this may be assigned by a business concern. (D&B contract. has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the 36. EQUAL OPPORTUNITY (APR 2002) discretion of the business concern to establish 52.222-37 additional CCR records for identifying alternative Definition. "United States," as used in this Electronic Funds Transfer (EFT) accounts for clause, means the 50 States, the District of the same parent concern. Columbia, Puerto Rico, the Northern Mariana "Offeror' means the owner of the property Islands, American Samoa, Guam, the U.S. offered, not an individual or agent representing Virgin Islands, and Wake Island. the owner. The Contractor shall not discriminate "Registered in the CCR database" means against any employee or applicant for that— employment because of race, color, religion, (1) The Contractor has entered all sex, familial status or national origin, disabled mandatory information, including the DUNS veterans, veterans of the Vietnam era, and other number or the DUNS+4 number, into the CCR eligible veterans. database; and The Contractor shall insert the terms of this (2) The Government has validated all clause in all subcontracts or purchase orders of mandatary data fields and has marked the $25,000 or more unless exempted by rules, record "Active:" regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the b. (1) By submission of an offer, the Deputy Assistant Secretary of Labor to enforce offeror acknowledges thee requirement that a the terms, including action for noncompliance. prospective awardee must be registered with D&B and in the CCR database prior to award, 37. AFFIRMATIVE ACTION FOR WORKERS during performance, and through final payment WITH DISABILITIES(JUN 1998) - 52.222-36 of any contract resulting from this solicitation. Regarding any position for which the employee (2) The offeror shall enter in the or applicant for employment is qualified, the appropriate block, on the GSA Form 3518, Contractor shall not discriminate against any entitled Representations and Certifications, the employee or applicant because of physical or legal entity's name and address, followed by the mental disability. DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in REPRESENTATIONS AND CERTIFICATIONS the offer. The DUNS number will be used by the Government to verify that the offeror is 1. OWNERSHIP registered in the CCR database. The Lessor certifies that he is the rightful and c. If the offeror does not have a DUNS legal owner of the property and has the legal number, it should contact Dun and Bradstreet right to enter into this lease. If the title of the directly to obtain one. Lessor shall fail, or it be discovered that the (1) An offeror may obtain a DUNS Lessor did not have authority to lease the number— property, the Government may terminate. (i) if located within the United The Lessor, the Lessor's heirs, executors, States, by calling Dun and Bradstreet at 1-866- administrators, successors, or assigns agree to 705-5711 or via the Internet at indemnify the Lessee by reason of such failure http://www.dnb.com; or and to refund all rentals paid. 10 DACA45-5-l 1-00049 (ii) If located outside the United entitled Representations and Certifications, States, by contacting the local Dun and along with written notification of its intention to Bradstreet office. (A)change the name in the CCR database; and (2) The offeror should be prepared (B) provide the Government with sufficient to provide the following information: documentation to verify and confirm the legally (i) Company legal business. changed name or change in ownership. (U) Tradestyle, doing business, or (ii) If the Contractor fails to comply with the other name by which your entity is commonly requirements of paragraph (9)(1)(i) of this recognized. clause, or fails to perform the agreement at (iii) Company Physical Street paragraph (g)(1)(i)(C) of this clause, and, in the Address, City, State, and ZIP Code. absence of a properly executed novation or (iv) Company, Mailing Address, change-of-name agreement, the CCR City, State and ZIP Code (if separate from information that shows the Contractor to be physical). other than the Contractor indicated in the (v) Company Telephone Number. contract will be considered to be incorrect (vi) Date the company was information within the meaning of the started. "Suspension of Payment" paragraph of the (vii) Number of employees at your electronic funds transfer (EFT) clause of this location: contract. (viii) Chief executive officer/key (2) The Lessor shall not change the manager, name or address for EFT payments or manual (ix) Line of business (industry). payments, as appropriate, in the CCR record to (x) Company Headquarters name reflect an assignee for the purpose of and address (reporting relationship within your assignment of claims. Assignees shall be entity). separately registered in the CCR database. d. If the Offeror does not become registered Information provided to the Lessor's CCR record in the CCR database in the time prescribed by that indicates payments, including those made the Government, the Government will proceed to by EFT, to an ultimate recipient other than that award to the next otherwise successful Lessor will be considered to be incorrect registered Offeror. information. e. Processing time, which normally takes h. Offerors and Contractors may obtain 48 hours, should be taken into consideration information on registration and annual when registering. Offerors who are not confirmation requirements via the internet at registered should consider applying for http://www.ccr.gov or by calling 1-888-227-2423, registration immediately upon receipt of this or 269-961-5757. solicitation. f. The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. g. (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, the Contractor shall comply with the requirements of Subpart 42.12 of the Federal Acquisition Regulations (FAR) and provide the responsible Government a fully revised and initialed/signed GSA Form 3518, 11 Mgt ,, fr1i USARC Iowa City x Johnson County, IA II N I ) 1 ,�gnrn ie Dnw a T 79 N,R 6 W,Secti:1a:111020126i - 3.. a - �� + a 5lhPrincipal Merid1 m11 � 1 ,au1 x •}. —Leau4Area DACA45 S049 �« & ! lf'T" N:.,twa.,,tI4r I�d�19135- ',o Iw aSiY,,lA 522461:� 0 40800 0., 1 I t I rg 72I Y, tt#x. ± 9 Square Feet ' Feet � „ { Jea..:.. w......,^.n.vu.ma..,e.:.eew.,a H. iv 1 -„g '' r ;{ 4 '"a • I : �`w°s�.. v.p . e�.ecw.:;":.,".'�,in.n, 77rL. "ai 4..e.MIb.N°r:-'DA4P4 .>`:.°n"a a..mtu.,...e. ^� t , . fi•;.� 1 n« "°�.et a... .LWM.�., Fa.,wer,tdi pa On x'� $ d'r'.' Rh 1 r I_ :.� erc,.:eawuwra°nw�.tea...rn °n OR " t ` '� -. + - .- I Real Estate . k i eEN,YD9E.5 __ 4k " ft .+,'ISA :. av axgov 1 • Feb ery 10.3011 . -vr.vF4 k US Army Corps! 2 - s_�-yz I of Engineers“ - .- y u t Omaha DI94ct b L _ ' .C. ' ".. cw"cyPa"w+im' nwat-..♦ssmI-OOO4s..a 1 _ ......... I 1 th - ”L "' - EXHIBIT"A"ATTACHED TO AND sr - . _ _ a'".*. .. - - MADE A PART OF DACA45-5-01-00049 DACA45-5-11-00049 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE LEASE NO. DACA45-5-11-00049 THIS LEASE,made and entered into this date, by and between the Iowa City Airport Commission whose address is 1801 South Riverside Drive,Iowa City,Iowa 52248 and whose interest in the property hereinafter described is that .f owner(as certified),for itself, its successors, and assigns,hereinafter called the Lessor,and I e UNITED STATES OF AMERICA,hereinaftcalled the Government: WITNESSETH: The p. ' 'es hereto for the consideratio A s hereinafter mentioned,covenant and agrees as follows: • 1.The Lessor hereby leases to the Government the fo]lowingdescribed premises: Exclusive use of approximately 2, 000 square fee' of land,described as a level fenced in storage area located: immediately to the A t of the adj ent U.S. Army Reserve Center whose address is 1913 South Riverside Drive, Iowa . ity,Iowa 2248 as more particularly shown on Exhibit "A", attached hereto and made a part h'- eof,t. be used for Government purposes. 2.TO HAVE AND TO HOLD the said pre '"ses with their appurtenances for the term beginning on"01 March,2011" through"29 Feb a 012", subject to termination and renewal rights as may be hereinafter set forth. Nothing in this lease shall constitute,or A e deeme n to constitute,an obligation of future appropriations by the United States or considered a 'A plying that the Congress will appropriate additional funds. 3.The Government shall pay the essor annual rent of Fou Thousand Two Hundred Dollars ($4,200.00) at the rate of Three t undred Fifty Dollars ($3 0.00)per month in arrears. Rent for a lesser period shall be prorated. All payments by the Gov ent under the terms of this lease shall be made payable t.: Iowa City Airport Commission, 801 South Riverside Drive, Iowa City, Iowa 52248 via - ectronic funds transfer(EFT)(as re enced in the General Clauses and Conditions.) Payments shall be made A the Army Reserves 88th RSC,via DFAS Indianapolis Center • 8899 E. 56th Street Attn:Dept. 3800 Indianapolis,IN 46249-3800 Fund Citation: 1 STANDARD FORM 2(REV.612003) 1 DACA45-5-11-00049 4. The Government may terminate this lease at any time by giving at least 30 days'notice in writing to the Lessor and no rental shall accrue after the effe ;ye date of termination. Said notice shall be computed commencing with the day after the ':te of mailing. • 5. This lease shall be automatically renewed from year- .-year without further notice unless and until the Government shall give notice of tenni ation in accordance with clause 4; provided that adequate appropriations are available om year-to-year for the payment of rentals; and provided further, that this lease shall in :o event extend beyond 29 February 2016. 7. The following are : hed and made a part her-of: a. The General Cla es, Conditions and tructions(1-37) b. Representations an. Certifications(1- c. Exhibit" A ", Site ' an 8.The following changes were made'. this ease prior to its execution: NOTICES: Any notice under 11.terms of this Lease is to be given in writing and delivered by"Certified Mail,R= : Receipt Requested"or registered mail,Express Mail or comparable service,or .elive . by hand and delivery,whether accepted or refused, attempted delivery,o, marked . deliverable, shall be deemed notice under the terms of this Lease. Any no.ce given by . e Lessor to the Government shall be addressed to: Omaha Dist ' t Commander, k.S.Army Engineer District,ATTN: CENWO-RE-M, 1616 C• .itol Avenue, Suite '000,Omaha,Nebraska 68102-4901;with reference to the Lease n • ber: DACA45-5-11-(0049. Any notice given by the Government to the Les .r or his agent shall be ad. essed to: Michael Tharp; of the Iowa City Airport C mission,Iowa City,Iowa 2248,Email: Michael- Tharp@iowa-city.or: and Phone Number: (319)3 .-5045 Ext.5 For maintenance purposes notice shal be addressed to: [Michael Tharp, 319)356-5045 Ext.5, Michael-Tharp @i:wa-city.o rg] The remainder of this page is blank STANDARD FORM 2(REV.6!2003) 2 DACA45-5-11-00049 IN WITNESS WHEREOF,the parties hereto have hereunto subsc bed their names as of the date first above written. LESSOR: LESSO' • Signature Si: . Name of signer(please print) : e of signer(please print) GOVERNMENT: LON G. LARSON . 'et;Real Estatt edi Re. state Contra ccr S yn��� STANDARD FORM 2(REV.6/2003) 3 • DACA45-5-11-00049 General Clauses and Conditions: (8) strikes, (9) freight embargoes, 1.DEFINITIONS (SEP 1999) (VARIATION) — (10) unusually severe weather, or 552.270-4: (11) delays of subcontractors or suppliers The following terms and phrases (except as at any tier arisi g from unforeseeable causes otherwise expressly provided or unless the beyond the co trot and without the fault or context otherwise requires)for all purposes of this negligence of oth the Lessor and any such lease shall have the respective meanings subcontractor r supplier. hereinafter specified: U) "Less "means"Government." (a) "Casualty" means, but is not limited to, (k) "Les or" means "Owner" or the sub- acts of nature, such as fire, lightning, Lessor if thi lease is a sublease. earthquakes, floods, or severe weather and acts (I) "Le sor shall provide" means the Lessor of war or terrorism. shall furnj h and install at Lessor's Expense. (b) "Commencement Date" means the first (m) Notice". Unless otherwise stated or in day of• e term. case o an emergency or threat to health, safety, (c) ommon area° means "that part of the and s curlty, "Notice" means written notice sent • premises p •vided, designated, and maintained by rtified or registered mail, Express Mail or by the Lessor •r the common use of all tenants; co parable service, or delivered by hand. including but no limited to, private streets and N••tice shall be effective commencing on the day driveways, curbs, •-rking areas, service alleys,. . • er the date the notice is mailed. loading areas, re :'ping walls, sidewalks, (n) "Premises" means the space described landscaping, lighting, hallways, restrooms, on the U.S. Government Lease for Real stairwells, and elevators." Property lease form. (d) "Contract" and "►•ntractor" means (o) "Substantially complete" and "substantial "Lease"and"Lessor,"respect -ly. completion" means that the work, the common (e) "Contracting Officer" or "Government' and other areas of the building, and all other means a person with the authority • enter int., things necessary for the Governments access to administer, and/or terminate contracts •nd ma e the premises and occupancy, possession, use related determinations and findings. •e t: and enjoyment thereof, as provided in this lease, includes certain authorized representati -. of . have been completed or obtained, the Government acting within the limits o •eir excepting only such minor matters as do not authority as delegated by the Govemmen interfere with or materially diminish such access, (f) "Delivery Date" means th: date occupancy, possession, use or enjoyment. specified in or determined pursuan to the (p) "Usable square feet" means the usable provisions of this lease for delive of the office area or the area where a tenant normally premises to the Government, i ,proved in houses personnel and/or furniture, for which a accordance with the provisions oft s lease and •easurement is to be computed." substantially complete, as such •ate may be q) 'Work" means all alterations, modified in accordance with th: provisions of imp •vements, modifications, and other things this lease. requir-• for the preparation or continued (g) "Delivery Time" mean- the number of occupan. of the premises by the Government days provided by this lease f•r delivery of the as specifi-• in this lease. premises to the Governmen , as such number may be modified In ac••rdance with the 2. ALTERA ONS: The Government shall provisions of this lease. have the right • ring the existence of this lease (h) "Effective Date" me:ns the date on which to make alteratio-5, attach fixtures, and erect the lease is signed by the overnment. additions, structure or signs In or upon the (i) "Excusable Del- s" mean delays arising premises hereby le-s`ed. Upon Government without the fault or n:gligence of Lessor and request, the Lessor shall be required to Lessor's subcontract. and suppliers at any obtain bids for the said-work and to provide ' tier, and shall include without limitation: the bids to the Governorept Any work to be (1) acts of Got or of the public enemy, performed through the \Lessor will be (2) acts of the United States of America in implemented by supplemental\agreement. The . either its sovereig or contractual capacity, Government's portion of the epense will be (3) acts of another contractor in the paid on a reimbursable basis. Such fixtures, performance of: contract with the Government, additions, or structures shall be and remain the • (4) fires property of the Government, and may be i (5) fools, removed prior to the expiration or termination of (6) ep'demics, this lease or abandoned In place. (7)2/quarantine restrictions, 4 • DACA45-5-11-00049 3.RESTORATION: S. WARRANTY: The Lessor certifies the a. The Lessor may, upon no less than ten mechanical equipment, building systems, and (10)days written notice to the Government before the utilities to be in good serviceable and termination or expiration of the lease, require operating condition and meet all building code restoration of the leased premises, subject to the requirements. exceptions to restoration stated below in paragraph b. In this event, prior to the expiration B. HAZARDOUS OXIC WASTES: or termination of this lease, or a reasonable time a. The Les-or represents and certifies as thereafter, the Government shall, at its sole part of the ter' s of this Lease that the site, election,either, building, and •uilding space which are being (1) Restore the premises to the same leased to th- Government, to the best of his or condition as that existing at the time of entering her Knowles•e, are not properties or structures into the lease, or, with kn. n or potential environmental . (2) Make appropriate settlement to the contamin-tion including asbestos, radon, or Lessor epresenting either the diminution in the hazardo s or toxic materials/substances/wastes fair ma -t value of the property due to the failure and su h substances have not been used on the to restor or the actual cost of restoration, said •remises. This certification is'a material whichever is e lesser amount. repr-sentation of fact upon which the b. The .'vernment shall not restore the Go emment relies when entering into the lease. premises, either • ysically or by payment in lieu If it is later determined that environmental thereof, for damag-- as a result of reasonable •ontamination is present, the Government ordinary wear and ear, the elements or reserves the right to require the Lessor, at no • circumstances over whic- the Government has cost to the Government, to (1) remove such no control, or alterations, • damages thereto, properties or structures or contaminated which the Government installe• -t its expense or materials, substances, or wastes contained the Lessor installed and was rel ••ursed by the therein and restore the premises to the Government through payment there. satisfaction of the Government, or(2)to take the c. CONDmON'REPORTS: A joy physical necessary action to mitigate the hazardous or survey and inspection of the demised p -mise: toxic waste condition or other environmental shall be made as of the delivery date contain-d n contamination, in accordance with local, state, this lease, reflecting the then present condi'• , and Federal laws, or (3) in the alternative, the and will be documented on behalf of the p- 'e Government, at its option, may terminate the hereto. Upon expiration or termination • this lease effective upon notification without any lease, a final inspection shall be condu• ed by . penalty whatsoever. In addition to the rights representatives of both the Lessor -nd the under (1), (2), and (3) above, if it is determined Government. If restoration of da• ages is -'at the Lessor has made a willful required, they shall be in written for signed on , mi- epresentation, the Lessor shall also be behalf of both parties and this lease -mended by resp• sibie for all costs and expenses of supplemental agreement. . reloca ig to another location in the event the Govern -nt in its discretion determines it 4. DAMAGES: The Lessee sh I be liable only necessary • relocate to other premises. for damages resulting from negligence or b. The .essor shall immediately notify the misconduct of Lessee personnel. The Lessee Government •f any hazardous or toxic shall not be liable for any I•ss, destruction or conditions or oth-r environmental contamination damages to the premises be and the control and in any part of a leased premises upon without the fault or neglig:nce of the Lessee, obtaining knowledge f the same. including but not restricted acts of nature,such as fire, lightning, earthqu-kes, floods, or severe weather and acts of war gr terrorism. The parties agree that settlement of damages by the Lessee, if any, shall be done - termination of the lease. The Governments Ii- •ility under this clause may not exceed appro••'ations available for such payment and nothi • contained in this agreement may be considere,. as implying that Congress will at a later date ap•ropriate funds sufficient to meet deficiencies. T e provisions of this clause are without preju•' e to any rights the Lessor may have to ma - a claim under applicable laws for any other d-mages than provided herein. . 5 DACA45-5-11-00049 7. CHANGE OF OWNERSHIP: 11. DEFAULT IN DELIVERY—TIME a. If, during the term of this lease, including EXTENSIONS (SEP 1999) (VARIATION) - any renewals or extensions, title to this property 552.270-18 Is transferred to another party either by sale, a. With•respect to Lessor's obligation to foreclosure, condemnation, assignment, or other deliver the premises substantially complete by transaction, the Lessor (transferor) shall the delivery date, time is of the essence. If the promptly notify the Government of said transfer. Lessor fails to work diligent! to ensure its The following information shall accompany such substantial completion by the delivery date or notific-tion: fails to substantially complete the work by such (1) A copy of the deed or other date, the Government may by notice to the appropr=te instrument transferring title or Lessor terminate this lease Such termination is sufficient " terest to lease to the property from effective the day after the ate notice is mailed the transfer• to the new owner. to the Lessor. The Le or and the Lessor's (2) •e new owner's tax identification or sureties, if any, are joint) and severally liable for social security .mber. any damages to the G vemment resulting from b. The for-:oing information must be such termination,as p ovided in this clause. received not laterth- twenty(20)days after the b. The Gov nment shall not terminate effective date of trans = of title. In any instance, this lease under is clause nor charge the failure to submit the doc. entation required for Lessor with dama_2es under this clause, if(1)the a transfer of title will resu in a suspension of delay in substan ally completing the work arises rental payments until s •h time as all from excusabl>delays and (2) the Lessor within documentation is received by th: Government. 10 days fro the beginning of any such delay (unless exte ded in writing by the Government) c. When the title to premises Ik-sed to the provides n• ice to the Government of the causes Government is transferred, a sup'lemental of delay. The Government shall ascertain the agreement shall be entered into by .e old facts an• the extent of delay. If the facts warrant, (Transferor) and new (Transferee) owner and the Go emment shall extend the delivery date, the Government to reflect such change of to th- extent of such delay at no additional costs ownership. to t - Government. A time extension is the sole re edy of the Lessor. 8. CHANGES (SEP 1999) (VARIATION) - 552.270-14 2. ACCEPTANCE OF SPACE (SEP 1999) - The Government may at any time, by .52.270-29 written supplemental agreement, make changes a. When the Lessor has completed all or variations to the original lease agreement. alte =tons, improvements, and repairs neces ary to meet the requirements of• the 9. INVOICE REQUIREMENTS (SEP 1999) lease, - .Lessor shall notify the Government. (VARIATION)-552.232-70 The Gov' ment's designated representative (This clause applies to payments other th- may promp inspect the space. rent.) Invoices shall be submitted in an orig' al only, unless otherwise specified, to the 13. EFFECT OF ACCEPTANCE AND designated billing office specified in this le-se or OCCUPANCY EP 1999 - 552.270-21 order, including the lease number and -.dress Neither the Gover . ent's acceptance of the of the leased premises. premises for occup-•cy or the Governments occupancy thereof, s' -II be construed as a 10. DELIVERY AND CONDITION S P 1999 - waiver of any requirem.nt of or right of the 552.270-17 Government under this Le:se, or as otherwise The space must be delivere. ready for prejudicing the Government ith respect to any occupancy as a complete unit. e Government such requirement or right. reserves the right to determine hen the space is substantially complete. If th: premises do not 14. MAINTENANCE OF B DING AND in every respect comply wit the provisions of PREMISES—RIGHT OF ENTRY L.EP 1999 - this lease the Government , ay, in accordance 552.270-6 with the Failure in Perfor ance clause of this a. Except in case of damage arilout of lease, elect to reduce the r•nt payments. the willful act or negligence of a Govvnnment employee, Lessor shall maintain the premises, including the building, building systems, and all equipment,fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and condition so that they are suitable in appearance 6 DACA45-5-11-00049 and capable of supplying such heat, air 15. FIRE AND CASUALTY DAMAGE (SEP conditioning, light, ventilation, safety systems, 1999) - 552.270-7 If the entire premises are health conditions, access and other things to the destroyed by fire or other casualty, this lease will premises, without reasonably preventable or immediately . terminate. In case of partial recurring disruption, as is required for the destruction or damage, so as to render the Government's access to, occupancy, possession, premises untenantable, as determined by the use and enjoym t of the premises as provided in Government,the Government may terminate the this lease. For th purpose of so maintaining the lease by giving written notice to the Lessor premises, the Less , its agents, representatives, within 15 calendar days of the fire or other contractors and asst s may at reasonable times casualty; if so terminated, no rent will accrue to (within 24 hours noti enter the premises with the Lessor after such partial destrucfbn or the approval of and accompanied by the damage; and if not so terminated, the '-nt will authorized Government r •resentative in charge. be reduced proportionately by sup emental b. Emer•enc Maint=nance and Re•airs. agreement hereto effective from the d:te of such The Lessee will notify t'e Lessor of any partial destruction or damage. emergency and request the L. sor to perform the Nothing in this lease shall be construed as necessary work. All emerg- cy maintenance relieving Lessor from liability • damage to or and repairs performed by the Lessor will be destruction of property of th: United States of completed within 48 hours fro the time of America caused by the willf• or negligent act or notification. Emergency main =nance and omission of Lessor. repairs include but are not limited to: (1) failure of heating/cooling ystem to 16. COMPLIANCE • ITH APPLICABLE LAW maintain specific temperat.re (SEP 1999)-552. 0-8 (2) failure of water system, i luding a. Lessor s gall comply with all Federal,state hot water and local laws pplicable to the Lessor as owner (3) inadequate or no water pressu - or Lessor, • both, of the building or premises. (4) leaking water pipes This lease-hall be governed by Federal law. (5) blocked or leaking drains b. -ECURITY. Exit signs, emergency (6) electrical failure lightin•, portable fire extinguishers, and fire (7) sewage system malfunction pro -ction systems, such as sprinkler systems (8) failure of security and fire a•4 alarms, which meet fire protection standards protection systems, including -stablished by applicable state statutes, fire alartns and sprinklers -gulations, building codes, or local ordinances, (9) Repair/replace exterior windows s•all be provided and maintained by the Lessor. and doors including plate glass if Th - includes, but is not limited to, the recharging applicable. of fi . extinguishers and replacement of long life In the event the Lessor shall fail to perfor battens (lithium) in smoke detectors. emergency maintenance and repairs within '8 Equipm: t, services or utilities furnished, and hours or to perform non-emergency mainte :nce activities • other tenants shall be free of safety, and repairs within 5 days from the date no 'ce is health,and re hazards. given by the Lessee, the Less:- may immediately perform or have perfo • ed such 17. FAILUR= IN PERFORMANCE SEP maintenance and repairs and ded all costs 1999 - 552. -0-10 The Government may thereof from the rental or other ch •es due or to deduct from an payments under this lease, become due under the terms of ' lease. then or thereafter • e, an amount which reflects the reduced value of the contract requirement not performed. No de•uction from rent pursuant to this clause shall co•stole a default by the Government under this ease. These remedies are not exclusive and are addition to any other remedies which may be vailable under this lease or at law. 18. DEFAULT BY LESS R DURING THE TERM(SEP 1999)-552.270-22 a. Each of the following shall constitute a default by Lessor under this lease: (1) Failure to maintain, repair, operate or service the premises as and when specified in this lease, or failure to perform any other 7 DACA45-5-11-00049 requirement of this lease as and when required this contract to a bank, trust company, or other provided any such failure shall remain uncured financing institution, including any Federal for a period of thirty (30) days next following lending agency. The Lessor shall not furnish or Lessor's receipt of notice thereof from the disclose to any assignee under this contract any Government or an authorized representative. classified document (including 's contract) or (2) R-peated and unexcused failure information related to work und= this contract by Lessor to comply with one or more until the Government authorizes such action in requirements of this lease shall constitute a writing. default notwithsta ding that one or all such failures shall have •-en timely cured pursuant to 24. SUBORDINATION. N• DISTURBANCE this clause. • AND ATTORNMENT(SEP 1:99)-552.270-23 b. If a default •ccurs, the Government Lessor warrants that it hold such title to or other may, by notice to Lesso ,terminate this lease for interest in the premises a •• other property as is default and if so termin- -d, the Government necessary to the Gover ment's access to the shall be entitled to the dam=•es specified in the premises and full use d enjoyment thereof in Default in Delivery-Time Exte ions clause. accordance with the previsions of this lease. 19. ELECTRONIC FUND TRANSFER 25. NO WAIVER - P 1999 -652.270-26 PAYMENT (MAR 2000) (VA-IATION - No failure by eith,r party to insist upon the strict 652.232-76 l performance of -ny provision of this lease or to a. The Government will make •ayments exercise any ri-- t or remedy consequent upon a under this lease by electronic funds -nsfer breach thereof, and no acceptance of full or (EFT). partial rent •r other performance by either party b. Lessor's failure to properly designar- a during th- continuance of any such breach shall financial institution or to provide appropri-r constitu - a waiver of any such breach of such payee bank account information may dela provision. payments of amounts otherwise properly due. 26. STATEMENT OF LEASE (SEP 1999) - 20. PROMPT PAYMENT (SEP 1999) - 5; .270-24 552.232-75The Contracting Officer will, within thirty The Government will make payments under the '0) days next following the Contracting Officer's • terms and conditions in the Prompt Payment Act. re -ipt of a joint written request from Lessor and • a p •spective lender or purchaser of •the building execute and deliver to Lessor a letter 21. SUBLETTING AND ASSIGNMENT (SEP stating "at the same is issued subject to the 1999)— 552.270.5 The Government may subl: conditions stated in this clause and, if such is any part of the premises but shall not be relieved the case, t'<t (1) the lease is in full force and from any obligations under this lease by reas• of effect; (2) -ther any notice of default has any such subletting. The Government may - any been issued. time assign this lease, and be relieved -•m all obligations to the Lessor under thio lease 27. MUTUALITY u F OBLIGATION SEP 1999 excepting only unpaid rent and other li:•ilities, if - 552.270-28 The o• igations and covenants of any, that have accrued to the d- - of said the Lessor, and the C•vemments obligation to assignment. Any assignment shall subject to pay rent and other Go -mment obligations and prior written consent of the Lesso , which shall covenants, .arising und- or related to this not be unreasonably withheld. Lease,are interdependent. 22. SUBSTITUTION OF T 'ANT AGENCY 28. SUCCESSORS BOUN• SEP 1999 - 'SEP 1999) - 552.270-25 The Government 552.270-11 may, at any time and r •m time to time, This lease shall bind, and inure to he benefit of, substitute any Governme agency or agencies the parties and their respective hei executors, for the Government agen• or agencies. administrators,successors,and assig -. 23. ASSIGNMENT Or CLAIMS JAN 1986 - 29. INTEGRATED AGREEMENT SEP '999 - 52.232-23 552.270-27 This Lease, upon exe tion, The Lessor, under the Assignment of Claims contains the entire agreement of the parties = d Act, as amended 31 USC 3727, 41 USC 15 no prior written or oral agreement, express or (hereafter referr-d to as the "the Act"), may implied, shall be admissible to contradict the ' assign its righ to be paid amounts due or to provisions of the Lease. become due .s a result of the performance of 8 DACA45-5-11-00049 30. DISPUTES (JUL 2002)-52.233-1 lease contract if made with a corporation for its This contract is subject to the Contract Disputes general benefit. Act of 1978, as amended (41.U.S.C. 601-613). 34, COVENANT AGAINST CONTINGENT 31. EXAMINATION OF RECORDS: The FEES(FEB 1990) - 552.203-5 Lessor agrees that any duly authorized a. The Contractor warrants that no person Government representative shall have the right, or agency has b n employed or retained to until the expiration of three (3) years after final solicit or obtain thi contract upon an agreement payment of the agreed rental, to have access to or understanding or a contingent fee, except a and to examine any directly pertinent books, bona fide emplo, ee or agency. For breach or documents, paper and records of the Lessor violation of this warranty, the Government shall involving transaction- related to this lease. have the rig to annul this contract without liability or, i its discretion, to deduct from the 32. GRATUITIES 0 GOVERNMENT contract p ' e or consideration, or otherwise EMPLOYEES: recover th- full amount of the contingent fee. a. The Government m: , by written notice b. "lona fide agency," as used in this to the Lessor, terminate the ri• t of the Lessor to clause, eans an established commercial or proceed under this lease if i is found, after selling agency (including licensed real estate notice and hearing, by the Secre , of the Army agen - or brokers), maintained by a Contractor or his duly authorized represe'tative, that for he purpose of securing business, that gratuities (in the form of entertalnm-It, gifts, or ne' er exerts nor proposes to exert improper otherwise) were offered or given by th- Lessor, i luence to solicit or obtain Government or any agency or representative of the L--sor, to •ntracts nor holds itself out as being able to any officer or employee of the Governme with obtain any Government contract or contracts a view toward securing a lease or sew ing through improper influence. favorable treatment with respect to the awar. g c. "Bona fide employee," as used in this or amending, or the making of an clause, means a person, employed by a determinations with respect to the performing, o Contractor and subject to the Contractor's such lease, provided, that the existence of fac = supervision and control as to time, place, and upon which the Secretary of the Army or his d.y manner of performance, who neither exerts nor authorized representative makes such find' gs proposes to exert improper influence to solicit or shall be in issue and may be reviewed i• any obtain Government contracts nor holds out as competent court. 4-ing able to obtain any Government contract or b. In the event this lease is termi•ated as co'tracts through improper influence. provided in paragraph a. hereof the G• emment d. "Contingent fee," as used in this clause, shall be entitled (1) to pursue he same mean any commission, percentage, brokerage, remedies against the Lessor as it ••uld pursue or othe fee that is contingent upon the success in the event of a breach of the ease by the that a •-rson or concern has in securing a Lessor and (2) as a penalty, in =ddition to any Governme't contract. other damages to which it ma; be entitled by e. "Im• oper influence," as used in this law, td exemplary damages i an amount (as clause, meaany influence that induces or determined by the Secretary •f the Army or his tends to induo a Government employee or duly authorized representa•ye) which shall be officer to give co sideration or to act regarding a not less than three (3) n• more than ten (10) Government con :ct on any basis other than times the cost incurre: by the Lessor in the merits of the mau-r. providing any such gra 'Ries to any such officer or employee. 35. PROHIBITIO OF SEGREGATED c. The rights and remedies of the FACILITIES FEB 1999, - 52.222-21 Government provid • in this clause shall not be a. "Segregated faci lies," as used in this exclusive and are ' addition to any other rights clause, means any waitin• rooms, work areas, and remedies pr»vided by. law or under this rest rooms and wash roo , restaurants and lease. other eating areas, time do• s, locker rooms 33. OFFICIA NOT TO BENEFIT. and other storage or dressin• areas, parking lots, drinking fountains, -creation or No Member of or Delegate to Congress, or entertainment areas,transportatio , and housing Resident C missioner shall be admitted to any share or rt of this lease contract, or to any facilitiesprovided for employees, that are benefit at may arise therefrom; but this segregated by explicit directive or are in fact provisio shall not be construed to extend to this segregated on the basis of race, color, religion, sex, or national origin because of written or oral 9 DACA45-5-11-00049 policies or employee custom.The term does not include separate or single-user rest rooms or 2. CENTRAL CONTRACTOR REGISTRATION necessary dressing or sleeping areas provided (OCT 20031(VARIATION)–52.204-7 • to assure privacy between the sexes. a. Definitions. As used in this clause- b. The Lessor agrees that it does not and Central Contractor Registration (CCR) will not maintain or provide for its employees any database" means the primary Government segregated fad'.'es at any of its establishments, repository for Contra or information required for and that it do- not and will not permit its the conduct of businets with the Government. employees to pe •orm their services at any "Data Unive sal Numbering System location under its ••ntrol where segregated (DUNS) number" eans the 9-digit number facilities are maintaine•. The Lessor agrees that assigned by Dun - d Bradstreet, Inc. (D&B) to • a breach of this clause'• a violation of the Equal identify unique bu-iness entities. Opportunity clause in this -•ntract. Data Uni ersal Numbering System +4 a. The Lessor shall i'dude this clause in (DUNS+4) num•er" means the DUNS number every subcontract and purc -se order that is assigned by D: B plus a 4-character suffix that • subject to the Equal Opportun t clause of this may be assig -d by a business concern. (D&B contract. • has no affili- ion with this 4-character suffix.) This 4-cha - ter suffix may be assigned at the 36. EQUAL OPPORTUNITY (AP- 2002 - discretion • the business concern to establish 52.222-37 additional CR records for identifying alternative Definition. "United States," as used in this Electroni• Funds Transfer (EFT) accounts for clause, means the 50 States, the Dis I•ct of the sam. parent concern. •Columbia, Puerto Rico, the Northern Ma '-na ".fferor"means the owner of the property Islands, American Samoa, Guam, the . . offere', not an individual or agent representing • Virgin Islands, and Wake Island. the • ner. The Contractor shall not discriminate "Registered in the CCR database° means against any employee or applicant for th:t— employment because of race, color, religion, (1) The Contractor has entered all sex, familial status or national origin, disabled andatory information, including the DUNS veterans, veterans of the Vietnam era, and other number or the DUNS+4 number, into the CCR eligible veterans. •-tabase;and . The Contractor shall insert the terms of this (2) The Government has validated all clause in all subcontracts or purchase orders of ma •story data fields and has marked the $25,000 or more unless exempted by rules, recon• "Active." regulations, or orders of the Secretary of Labor The Contractor shall act as specified by t - b. (1) By submission of an offer, the Deputy Assistant Secretary of Labor to enfo ce offeror a, nowledges thee requirement that a the terms, including action for noncomplianc-. prospective awardee must be registered with D&B and I the CCR database prior to award, 37. AFFIRMATIVE ACTION FOR WO- ERS during perfor• ance, and through final payment WITH DISABILITIES JUN 1998 - 52. 2-36 of any contrac esulting from this solicitation. Regarding any position for which the -mployee (2) T e offeror shall enter in the or applicant for employment is q :lifted, the appropriate bloc on the GSA Form 3518, Contractor shall not discriminate •gainst any entitled Represen .tions and Certifications, the employee or applicant because • physical or legal entity's name - d address, followed by the mental disability. DUNS or DUNS +4 umber that identifies the offeror's name and ad• ess exactly as stated in REPRESENTATIONS AND C'RTIFICATIONS the offer. The DUNS nu' ber will be used by the Government to verify that the offeror 1s 1. OWNERSHIP registered In the CCR data•ase. The Lessor certifies that e is the rightful and c. If the offeror does not have a DUNS legal owner of the prop:- and has the legal number, it should contact ir n and Bradstreet right to enter into this Ie-se. If the title of the directly to obtain one. Lessor shall fail, or it •e discovered that the (1) An offeror may •btain a DUNS Lessor did not have. authority to lease the number— property,the Govern rent may terminate. (�) if located within the United The Lessor, the essor's heirs, executors, States, by calling Dun and Bradstreet at 1-866- administrators, suc•essors, or assigns agree to 705-5711 or via the Internet at indemnify the Les-ee by reason of such failure http://www.dnb,com;or and to refund all r ntals paid. 10 • DACA45-5-11-00049 (ii) If located outside the United entitled Representations and Certifications, States, by contacting the local Dun and along with written notification of its intention to Bradstreet office. (A)change the name in the CCR database; and (2) The offeror should be prepared (B) provide the Government with sufficient to provide the following information: documentation to verify and confirm the legally (I) Company legal business. changed name or change in ownership. (ii) Tradestyle, doing business, or (ii) If the Contractor fails to comply with the other name by which our entity is commonly requirements of paragraph (g)(1)(i) of this recognized. clause, or fails to perform the agreement at (iii) Com•any Physical Street paragraph (g)(1)(i)(C) oft is clause, and, in the Address, City, State,and • Code. absence of a properly -xecuted novation or • (iv) Company, Mailing Address, change-of-name. agr:-ment, the CCR City, State and ZIP Code if separate from information that show- the Contractor to be physical). other than the Con actor indicated in the (v) Company Telep one Number. contract will be co sidered to be incorrect (vi) Date the ampany was information within the meaning of the started. "Suspension of P.•yment" paragraph of the (vii) Number of employe-s at your electronic funds t =nsfer (EFT) clause of this location. contract. (viii) Chief executive o' -r/key (2) Th: Lessor shall not change the manager. name or addre•s for EFT payments or manual (ix) Line of business(industry). payments, as :ppropriate, in the CCR record to (x) Company Headquarters na e reflect an =ssignee for the purpose of and address (reporting relationship within yo assignment of claims. Assignees shall be entity). separately registered in the CCR database. d. If the Offeror does not become registered Informal'. provided to the Lessor's CCR record In the CCR database in the time prescribed by that indi'-tes payments, including those made the Government,the Government will proceed to by EFT, to an ultimate recipient other than that award to the next otherwise successful Lesso will be considered to be incorrect registered Offeror. nforr ation. e. Processing time, which normally takes h. Offerors and Contractors may obtain 48 hours, should be taken into consideration in •rmation on registration and annual when registering. Offerors who are not c�nnation requirements via the intemet at registered should consider applying for .ccr.•ov or by calling 1-888-227-2423, registration immediately upon receipt of this or269 •61-5757. solicitation. f. The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in th• CCR database after the initial registration, e Contractor is required to review and updat: on an annual basis from the date of ' itial registration or subsequent update- its information in the CCR database to ens re it is current, accurate and complete. pdating information in the CCR does not alter he terms and conditions of this contract an•" is not a substitute for a properly execut-• contractual document. g. (I) If a Contractor has I:gaily changed its business name, "doing busin: s as" name, or division name (whichever is shown on the contract), or has transferred e assets used In performing the contract, - Contractor shall comply with the requireme is of Subpart 42.12 of the Federal Acquisiti. Regulations (FAR) and provide the respon •le Government a fully revised and initialed/ 'gned GSA Form 3518, 11 s USARC I. .1a City , J. • son County, IA tafi ' 41. , t • Riverside o l I N—09— E 4 ' 4 a -, ~- T 79 N, R 6 W,Section 22 IP 4 - ' s 4 5th Principal Meridian r a • • ?+ r - ;-->rr. _ _ r . ' —Roads :ir Yln* ,14: .„... . .. «i.,!' M ..i 4, ' - i a F Lease Area DACA45S11-00049 1913.5'R ve Ire -Iowa Cly IA 5234 ', 0 40 80 160 F� r `:'3Y t} ns J - ar q arr FroI * je' is " 3 Feet IT Y ' Lb;on ';• - T _ .NYA' 1 e$E _. ( ,,,.. ..,,. v..d ..0.u..wsa: w.v:.mnu.muw • mns.e�waumo..n,mm+q e:e.m.:nn.mnµunm.rou,r. _ _ mdm€....,..17,,,r�emmyxtd" uu bmn:en.ge.0 eu.enea. m. n ;omenremand mr IS. Gd+m•Y+rwmNISTare wm�,cndeewa,mn Gs i [ T' ` bpn Wsbub xOimwen 0...dumreveby We to:were 2 k ,n -. " •, Real Estate J.`•.• s. R • Ir :—• r LENdIDN'-i 1 •. ��"FF ti t February lG 2011 lig 5 IA II'r - - t, - Army Corps �. ` - of -•eineers • Omaha. : e :t cdwusoo a e.,evd*n_ar,_A 4 a ' ` _ ,t Iwt Cry A. 1_LeaseOAGM 11-0DN9mW is } ♦x - - t 4 :.r .;s ,,ii; EXHIBIT"A"ATTACHED TO AND '1': a �k , t •y MADE A PART OF DACA45.5-1100049 Prepared by:Susan Dulek,Asst. City Attorney,410 E.Washington St., Iowa City, IA 52240(319)356-5030 RESOLUTION NO. ,//- RESOLUTION I//RESOLUTION PROHIBITING FIREARMS AND WEAPONS ON AIRPORT PROPERTY WHEREAS, the Iowa City Airport Commission, to preserve the safety of the public and City and Commission employees and officials, desires to prohibit the presence of firearms and weapons in and on the Iowa City Municipal Airport (Airport Property), which is owned by the City of Iowa City but under the control and management of the Airport Commission; and WHEREAS, because the Airport terminal contains a public meeting room that provides a venue for the assembly of large numbers of people, or may be the forum for discussion of controversial issues or for the conduct of unpopular activities, the presence of firearms or weapons in or on Airport Property gives rise to an undue risk of threats and intimidation against democratic processes and activities and physical harm to City and Commission employees, peace officers and the general public; and WHEREAS, the firearms and weapons policy for Airport Property should be substantially similar to the policy adopted by the City Council in Resolution No. 11-55 that is applicable to all City property with the exception of Airport Property and the library; WHEREAS, City employees are already prohibited from carrying dangerous weapons while on duty, with the exception of sworn peace officers; and WHEREAS, in the opinion of both the Iowa Attorney General's Office and the City Attorney the amendments to Chapter 724 contained in Senate File 2379 (effective January 1, 2011) relating to the issuance of non-professional permits to carry firearms does not infringe on the authority of the Airport Commission to enact regulations and pass resolutions regarding the protection of Airport Property, as well as the protection of the health, safety and welfare of City and Commission employees and officials and the public who may be present on Airport Property by restricting firearms and weapons on property controlled and managed by the Airport Commission; and WHEREAS, the Commission wishes to continue to allow possession by anyone with a professional permit to carry, the ability of drivers and pilots to keep unloaded firearms inside a closed and fastened container in their vehicles and airplanes, and members of the U.S. Army Reserves. 1 NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIPORT COMMISSION THAT: 1. All firearms and weapons are prohibited in or on all Airport Property except as specifically provided below. 2. For purposes of this resolution, weapon is defined as any "dangerous weapon" as defined in Iowa Code Section 702.7, as well as any pellet gun, BB gun, or offensive weapon, as defined in Iowa Code Section 724.1. 3. Sworn peace officers, those persons possessing a professional permit to carry weapons, and persons with written permission from the Chief of Police, or designee, are exempted from the prohibitions of this resolution. 4. Persons may possess firearms in a vehicle on Airport Property so long as the firearms are unloaded, kept inside a closed and fastened container, and not within the passenger compartment of a vehicle. Persons may transport firearms on Airport Property from a vehicle to an airplane so long as the firearms are unloaded and kept inside a closed and fastened container. Persons may not carry said firearms with them on their person on Airport Property. 5. Any person entering Airport Property may be subject to metal detection testing or, upon probable cause to believe the person is carrying or in possession of a firearm or weapon, the person shall be subject to a personal search. 6. Any person who enters on or is found on Airport Property while having a firearm or weapon in his or her possession contrary to posted signage shall be considered by the Airport Commission to be trespassing pursuant to Iowa Code section 716.7(2)(b) and will be subject to arrest and punishment under state law. 7. Firearms only capable of firing blank ammunition are permitted on Airport Property for the purpose of wildlife management. 8. This resolution shall not apply to Airport Property leased by the U.S. Army Reserves. Passed and approved this day of M ^ V , 2011. CHAIRPERSON Approved by ATTEST: " - �L��/ 3 -d SECRETAR City Attorney's Office It was moved by L and seconded bytil-AS G .G.�° the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Assouline Crane (L Gardinier Horan Mascari Prepared by: Susan Dulek,Asst. City Attorney,410 E.Washington Street. Iowa City, IA 52240(319)356-5030 RESOLUTION NO. /I// - (79 RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AN AMENDMENT TO THE LISTING AGREEMENT WITH SKOGMAN REALTY FOR AVIATION COMMERCE PARK TO ADD A LEASE RATE SCHEDULE. WHEREAS, the Iowa City Airport Commission, the City of Iowa City, and Skogman Realty have entered into a listing agreement ("Listing Agreement") to sell and lease the property known as the Aviation Commerce Park; WHEREAS, the Listing Agreement contains a pricing model for sales but does not include a lease rate schedule; and WHEREAS, it is in the best interest of the Commission to approve the First Amendment to Listing Agreement which will add a lease rate schedule. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is authorized to sign the attached First Amendment to Listing Agreement. Passed and approved this t 14---day of 4-p irI , 2011. CHAIRPERSON Approved by ATTEST: (( SECR TARY City Attorney's Office It was moved by ' H �' 'Thc c, v i and seconded by u c y the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Assouline Crane �— Gardinier Horan Mascari • FIRST AMENDMENT TO LISTING AGREEMENT WHEREAS, on January 10, 2011, the City of Iowa City, Iowa City Airport Commission, and Skogman Realty entered into listing agreement ("Listing Agreement") to sell and lease the property known as the Aviation Commerce Park subdivision; WHEREAS, the parties wish to amend the Listing Agreement to add a lease rate schedule; 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 2b of Exhibit A is amended by deleting the last sentence in its entirety and by substituting the following sentence in lieu thereof: Agent shall advertise the Property at the rental rates listed in Exhibit F, which is attached and incorporated herein. All other terms of the Listing Agreement, as amended, shall remain in full force and effect. c-KOGMAN REALTYeih G� E.berg G' ' Date y I THE IOWA CITY AIRPORT COMMISSION Minnetta V. Gardinier, Chairperson Date THE CITY OF IOWA CITY Marl'�n rK.j Karr, y Clerk Matthew 3. Hayek, Mayor CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 3 day of FVtAy , 2011, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Mat�iew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. sF Notary Public in and for the State of Iowa Approved by `'F 3—(( a � SONDRAE FORT City Attorney's Office 1• Commission Commission Number tow 3f7/a04a Airport Commercial Lots Lease Price Exhibit Lot# Acres Square feet Price/sf Purchase price Status Lease/Ft 1 1.38 60,076 3.75 225,000 Sold 2 4.44 193,482 2.90 562,000 Sold 3 6.33 275,603 1.99 547,500 Sold 4 7.21 313,924 2.90 910,000 Sold 5 3.17 137,904 3.05 420,000 Sold 6 2.18 94,754 4.91 465,000 $ 0.42 7 0.97 42,253 4.97 210,000 $ 0.42 8 1.25 54,250 4.88 265,000 $ 0.42 9 1.23 53,761 4.93 265,000 $ 0.42 10 2.12 92,230 4.66 430,000 Sold 11 1.46 63,429 4.97 315,000 $ 0.42 12 0.81 35,331 4.95 175,000 $ 0.42 13 0.9 39,280 4.96 195,000 $ 0.42 PENGAD 800-631-6989 14 0.91 39,454 4.94 195,000 $ 0.42 15 0.91 39,423 4.95 195,000 $ 0.42 �'c TS 16 0.89 38,919 5.01 195,000 $ 0.43 CO 17 1.07 46,628 4.93 230,000 $ 0.42 Totals 37.23 1,620,701 4.33 avg. 5,799,500 FIRST AMENDMENT TO LISTING AGREEMENT WHEREAS, on January 10, 2011, the City of Iowa City, Iowa City Airport Commission, and Skogman Realty entered into listing agreement ("Listing Agreement") to sell and lease the property known as the Aviation Commerce Park subdivision; WHEREAS, the parties wish to amend the Listing Agreement to add a lease rate schedule; and WHEREAS, Paragraph 13 of the Listing Agreement provides that it may be amended by written agreement of the parties. ITIS THEREFORE AGRE' • that: Paragraph 2b of Exhibit A is - ended by deleting the last ;entence in its entirety and by substituting the following sentence ' lieu thereof: Agent shall advertise the Prope at the rental rates litted in Exhibit F, which is attached and incorporated herein. All other terms of the Listing Agreement, as a -nded, shal remain in full force and effect. KOGMAN REALTY kit-ll /4a V'e � - - L" / te D=� • berg THE IOWA CITY AIRPORT COMMISSION /f y �Lt-// Minnetta V. Gardinier, Chairperson Date THE CITY OF IOWA CITY Marian K. Karr, City Clerk Mathew J. Hayek, Mayor CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2011, before me, the undersigned, a notary public in an for the State of Iowa, personally appeared Mathew J. Hayek and Marian K. Karr, to me persona known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respecti ly, of said municipal corporation executing the within and foregoing instrument; that the s I 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 Pu. is in and for the State of Iowa Approved by itrtkci 9" -3-(( City Attorney's Office Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. A//— RESOLUTION SETTING A PUBLIC HEARING ON MAY 12, 2011 FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE CONSTRUCTION OF "RUNWAY 7-25 PARALLEL TAXIWAY GRADING AND DRAINAGE" PROJECT, AND DIRECTING CITY CLERK TO PUBLISH NOTICES OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That a pubic hearing on the plans, specifications,form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 12th day of May 2011 at 6:00 pm. In Iowa City Airport Terminal Building, 1801 S.Riverside Drive,Iowa City, Iowa,or if said meeting is cancelled, at the next meeting of the Airport Commission thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City,not less that four(4)nor more than twenty(20) days before said hearing. 3. That the copy of plans, specifications,form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Chairperson in the office//of the City Clerk for public inspection. Passed and approved this a�P — day of ilite It I ( 2011. Approved By: CHAI PERSO ATTEST: (Fir asa#Z) m„,5 SECRETARY City Attorney's Office v Assouline Crane Gardinier Horan Mascari Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. /)//- /I RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR "RUNWAY 7-25 PARALLEL TAXIWAY GRADING AND DRAINAGE" PROJECT AT THE IOWA CITY MUNICIPAL AIRPORT WHEREAS,notice of public hearing on the plans, specifications,form of contract and estimate of cost for the above-named project was published as required by law,and the hearing thereon held. NOW,THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: 1. The plans,specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10%(ten percent)of bid payable to the Iowa City Airport Commission. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa at the Office of the City Clerk,at the City Hall,before 2:00pm on June 8, 2011,or at a later date and/or time as determined by the Commission Chairperson or their designee, and thereupon referred to the Airport Commission,for action upon said bids at its next meeting,to be held at the Iowa City Airport Terminal Building, 1801 S. Riverside Drive,Iowa City, Iowa at 6:00pm on the 16th day of June 2011,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 M 2011. 6/_ O?� Approved By: CHAIRPERSON// ���� ��, ATTEST: ��11 — "'`J ' FSiSticir6 SECRETARY City Attorney's Office It was moved by he — and seconded by (.4ec' the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline Crane = Gardinier Horan Mascari Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. A 11— RESOLUTION AUTHORIZING CHAIRPERSON TO ACCEPT FEDERAL AVIATION GRANT FOR RUNWAY 7-25 REHABILITATION-PHASE 1. WHEREAS, the Iowa City Airport Commission will apply for a FAA Grant for funding of the above reference project. WHEREAS, this project is listed in the FFY2012. Federal Aviation Administration Pre- Application previously submitted by the Iowa City Airport Commission. 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 and the Secretary to attest to acceptance of the grant. Passed and approved this (.G day of 2011. Approved By: it-Crtlbr CHAIRPERSO � �— rr 3 •.tr ATTEST: '�� 4"n-(N d SECRETARY City Attorney's Office G h and seconded It was moved by by 4450 f the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline x Crane ( �C Gardinier r Horan Mascari Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. 4(f - t3 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF RUNWAY 7-25 PARALLEL TAXIWAY GRADING AND DRAINAGE WHEREAS, Carter and Associates, Inc. of Coralville, Iowa has submitted the lowest responsible bid of $1,278,484.50 for construction of the above named project. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT: 1. The bids for the above named projected are accepted. 2. The contract for the construction of the above named project is hereby awarded to Carter and Associates, Inc. subject to the conditions: a. That awardee secures adequate performance and payment bond, insurance certificates, and contract compliance program statements. b. FAA awards grant funding and concurs with award. 3. Upon direction of legal counsel, the Chairperson is hereby authorized to sign and the Secretary to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, contract compliance program statements and the FAA awards grant funding for the project and concurs with the award. Passed and approved this `�"� day of k �^ ' 2011. f�CT(NG CHAIRPERSO ' Appr•ved��by,,�� ATTEST- kz-I(l.►b SECRETARY City Attorney's Office It was moved by 44S(6 w1 and seconded by n '4 (tPi. the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline Crane \ Gardinier Horan Mascari Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(3 19)350 5045 RESOLUTION NO. A <<' t I 4±- RESOLUTION SETTING A PUBLIC HEARING ON JULY 21, 2011 AT 6:00PM FOR THE PLANS, SPECIFICATIONS,FORM OF CONTRACT, AND ESTIMATE ON COST FOR THE CONSTRUCTION OF "HANGAR L", AND DIRECTING CITY CLERK TO PUBLISH NOTICES OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That a pubic hearing on the plans, specifications, form of contract,and estimate of cost for the construction of the above-mentioned project is to be held on the 21st day of July 2011 at 6:00pm in Iowa City Airport Terminal Building, 1801 S. Riverside Drive,Iowa City,Iowa, or if said meeting is cancelled,at the next meeting of the Airport Commission thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City,not less that four(4)nor more than twenty(20) days before said hearing. 3. That the copy of plans,specifications,form of contract,and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Chairperson in the office of the City Clerk for public inspection Passed and approved this �(P — day of ` Y 2011. trL " Approved By: 4_c-tiJ 6 CHAIRPERSON-irk ATTEST: ( (` P-(-fIt t SECRETARY City Attorney's Office X Assouline ?,.. _ Crane Gardinier Horan ( ` Mascari terms, S�c civ cL tatgetiaik Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. A(1 ^ l� RESOLUTION APPROVING THE TERMINATION OF THE HANGAR LEASE WITH KEITH ROOF DBA IOWA CITY AIRCRAFT REPAIR. WHEREAS, The Iowa City Airport Commission and Keith Roof have previously entered into a hangar lease for hangar#32. WHEREAS,Keith Roof has requested to terminate this agreement. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: The Chairperson is authorized to sign a termination agreement for hangar#32 effective July 1, 2011. Passed and approved this ((P day of ky 2011. Approved By: PP A C- -, CHAIRPERSO ATTEST: re. a -0 3 -tf A(11 hg, SECRETARY City Attorney's Office It was moved by Ac)70 4 1 I lAg and seconded by V 5 the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline Crane X Gardinier Horan Mascari Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. A 11- 1 (P RESOLUTION TERMINATING COMMERCIAL AVIATION AGREEMENT WITH KEITH ROOF DBA IOWA CITY AIRCRAFT REPAIR. WHEREAS, the Iowa City Airport Commission and Keith Roof have previously entered into a Commercial Aviation Agreement for maintenance operations. WHEREAS,Keith Roof has requested to terminate this agreement. NOW,THEREFORE,BE IT RESOLVED BYU THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: The Chairperson is authorizedto sign a termination agreement of the commercial aviation agreement effective July 1,2011. Passed and a•.roved this (( day of - k ce 2011. / `' .' � Approved By: Pr Dv, HAIRPER ! • ATTEST:/ 4 crave SECRETARY City Attorney's Office It was moved by Akascoort and seconded by A�'�k t l h e the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline Crane Gardinier Horan Mascari RESOLUTION NO. A u^ 11 RESOLUTION AUTHORIZING THE CHAIRPERSON TO EXECUTE AND THE SECRETARY TO ATTEST TO A HANGAR USE AGREEMENT BETWEEN THE IOWA CITY AIRPORT COMMISSION AND THE UNIVERSITY OF IOWA WHEREAS,the Airport Commission of the City of Iowa City has negotiated a use agreement for hangar#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 July 1,2011 through June 30,2013. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That the proposed use agreement for Hangar No.32 is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to the Hangar use agreement between the Airport Commission and University of Iowa. It was moved by ' �U I and seconded by 44V A L\ the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline Crane Gardinier Horan Mascari Passed and approved this (0 ` Approved By: PP A-CT CHAIRPERSO► ATTEST: + • f�(, 6SECRE AR City Attorney's Office Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. Ag- /r RESOLUTION ACCEPTING IOWA DEPARTMENT OF TRANSPORTATION GRANT 9I120I0W100 FOR EXTERIOR LIGHTING, WINDSOCK LIGHTING, AND SECURITY UPGRADES. WHEREAS, the Iowa City Airport Commission has previously applied for an Iowa Department of Aviation grant for a project to be completed at the Iowa City Municipal Airport for exterior lighting,windsock lighting, and security upgrades. 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 and the Secretary to attest to acceptance of the grant. Passed and approved this ( day of )-t,.() 2011. `/ _ Approved By: CHAIRPERSON ATTEST: 411-- " ' f SECRETARY City Attorney's Office It was moved by 1-4roand seconded by AS �— the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline .// Crane 4/ Gardinier Horan Mascari 1 Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. Q `- \ RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE ON COST FOR "HANGAR L" CONSTRUCTION PROJECT AT THE IOWA CITY MUNICIPAL AIRPORT WHEREAS, notice of public hearing on the plans specifications, form of contract and estimate of cost for the above-named project was published as required by law,and the hearing thereon held. NOW,THEREFORE,BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: 1. The plans,specifications,form of contract and estimate of cost for the above-named project are hereby approved 2. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10%(ten percent)of bid payable to the Iowa City Airport Commission 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City,Iowa at the Office of the City Clerk,at the City Hall,before 2:00 pm on the August 23,2011,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 5:00pm on the 25th day of August 2011,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 44- ,s 9 2011. Approved By: CHAIRPERSON AtTEST: i' �i ``^� ce- d SECRETARY City Attorney's Office CSG--�- It was moved by and seconded by �-SSvw<< —k-- the Resolution be adopted, and upon roll call there were: Ayes / Nays Absent Assouline u/ Crane ✓/ Gardinier �L /y Horan Mascari Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. 1\ \\- 'a O RESOLUTION ACCEPTING IOWA DEPARTMENT OF TRANSPORTATION GRANT 9112010W300 FOR TERMINAL BUILDING REHABILITATION. WHEREAS, the Iowa City Airport Commission has previously applied for Iowa Department of Aviation grants for projects to be completed at the Iowa City Municipal Airport;and WHEREAS, 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 and the Secretary to attest to acceptance of the Iowa Department of Aviation grant 9I120OW300 for to final building rehabilitation. Passed and approved this 4(rt/. day of 2011. `y/ 11r'C-L> Approved By: CHAIRPERSON ATTEST: ---676i, _ I....,......" snas.. 2) %.-- c) -1 ( SECRETARY City Attorney's Office It was moved by ',Ade,3 cc-, and seconded by rits f-c-i the Resolution be adopted, and upon roll call there were: Ayes Nays Absent V Assouline ..,1 . Crane r/ Gardinier Horan i Mascari Prepared by: Susan Dulek, Asst. City Atty., 410 E.Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. All- 011 RESOLUTION REJECTING BIDS RECEIVED ON AUGUST 23, 20 FOR THE HANGAR L PROJECT. WHEREAS, six bids were received on August 23, 2011 for the Hangar L and the lowest bid exceed Foth Infrastructure Environment LLC (the consulting engineer's) estimate by 22.7% on the base bid; and WHEREAS, sufficient funding does not exist to award the bid to the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT: All bids that were received on August 23, 2011 for the Hangar L Project are rejected. Passed and approved this day of , 2011. tl CHAIRPERSON Approved by ATTEST: SECRETAR City Attorney's Office It was moved by ftllAl`-(n. _ and seconded by M-Gcce, v I the Resolution be adopted, and upon roll call there were: Ayes Nays Absent (/ Assouline ,/ Crane .7 Gardinier Horan Mascarie Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. nil �Z L RESOLUTION AWARDING CONTRACT FOR ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION PHASES OF TERMINAL BUILDING REHABILITATION TO VJ ENGINEERING. WHEREAS, exterior building envelope maintenance issues are prevalent at the Iowa City Airport Terminal Building;and WHEREAS,the City seeks to utilize the professional services of VJ Engineering for design and construction phase services for the 2011 Terminal Building Exterior Repairs at the Iowa City Airport, 1801 South Riverside Drive, Iowa City, IA hereinafter referred to as the"Project." NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: The Chairperson is authorized to sign the agreement. Passed and approved this Z1- day of it^l (-�S , 2011. CHAIRPERSON Apct -44: \19110._ ATTEST: _.46 SECRETARa City Attorney's Office It was moved by AC, and seconded by the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline ✓ Crane ✓ Gardinier r/ Horan Mascari CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this`5{ day of I,2011, by and between the Airport Commission of the City of Iowa City, hereinafter referred to as the CT and VJ Engineering, of Coralville, IA,hereinafter referred to as the Consultant. WHEREAS, exterior building envelope maintenance issues are prevalent at the Iowa City Airport Terminal Building. WHEREAS,the City seeks to utilize the professional services of the Consultant for design and construction phase services for the 2011 Terminal Building Exterior Repairs at the Iowa City Airport, 1801 South Riverside Drive,Iowa City, IA hereinafter referred to as the"Project"; 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. DESIGNBID PHASE - Prepare design development documents,with preliminary plans, technical and contract specifications for the scope of work. Design shall follow recommendations of report titled"Terminal Building Exterior Evaluation"prepared by VJ Engineering, dated April 18, 2011. Provide alternatives for the bid package and anticipated construction cost estimates based on design to date. Review other items of concern prior to final design. Prepare final (100%) Contract Documents based on the design review and input. Prepare an anticipated construction cost estimate per the final design. Bidding Phase: Print and distribute Contract Documents to City, contractors, sub- contractors and suppliers. Attend Pre-bid meeting.Answer questions from interested parties. Issue addenda to all parties bidding the project,whom have Contract Documents prior to bid. Letting&Award: Assist in obtaining bids, attend bid opening and provide our opinion for award of construction contract. CONSTRUCTION SERVICES - Pre-Construction Meeting: Schedule, conduct and lead pre-construction meeting with the Contractor, sub-contractors, Owner and other involved parties. Review the following issues: Critical schedule dates with Owner;times specified in Contract Documents the Contractor is required to contact Consultant for on-site observation; coordination between Owner, Contractor, sub-contractors and consultant; technical issues, and other matters. Provide and distribute meeting minutes of issues and items discussed with resolution or status. City of Iowa City-2011 Terminal Building Exterior Repairs - 2- - On-Site Construction Observation: We propose to perform on-site construction observation to evaluate the performance of the Contractor and other associated parties for compliance with the Contract Documents as requested by City personnel. We will prepare and distribute written reports of the on-site observations. Our not-to-exceed fee is based on performing such visits twice per every 7 working days by the Contractor. If conditions warrant additional site visits, this fee may need to be adjusted. Construction Services: Resolve construction and coordination issues. Answer questions, resolve design and contractual related issues and meet on-site, if required during construction. Review, discuss,negotiate and issue any Change Orders required. Review and approve pay applications from the Contractor. Review and comment on shop drawings, material literature, and samples required by the Contract Documents. Substantial&Final Completion Inspection: Perform on-site substantial completion inspection,prepare punch list and distribute. Perform a final inspection after punch list is complete for verification. Close-out Documents: Obtain the specified close-out documents(ie: warranties, lien waivers, construction record documents)from the Contractor and deliver originals to Owner. Record Documents: Provide a construction record drawing from information provided by the Contractor and as observed by the on-site representative. IL TIME OF COMPLETION Begin Design and Construction plans—August 31,2011 Complete Preliminary plans for review—September 18,2011 Complete Final Plans—September 21,2011 Airport Commission sets Public Hearing on Plans/Specs—Sept 22,2011 Public Hearing/Approve.Plans Specs to bid October 20,2011 Receive Bids—November 15,2011 Airport Commission Approval-November 176,2011 Begin Construction(Earliest with Weather allowing—November,2011 Latest to Begin Construction—March 2012 End Construction—June 15,2012 III GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age,marital status,gender identity,or sexual orientation. City of Iowa City-2011 Terminal Building Exterior Repairs - 3 - 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. I. 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. L. Consultant shall provide construction record drawing plan sets,as follows: I. One full size hard copy plan set a. 22"x 34"(ANSI D—this allows for'A scale ledger prints) City of Iowa City-2011 Terminal Building Exterior Repairs • -4- 2. One Autodesk AutoCAD or Civil 3D drawing file plan set,version 2010 or later. a. Each plan sheet should be ready to print. b. Submittals shall include the 'plot style' (pen assignments) file aka the .ctb file, in order for prints of the drawings to have the intended appearance. c. Preferred layer format to be consistent with National CAD Standards.All submittals shall include an explanation of the Consultant's CAD layer scheme. d. All drawing files shall have the correct layer scheme in place. e. External reference drawings shall be bound or inserted into the final drawing(s). f. Submittals shall include all files used in the plan set; these may include, but not be limited to, linked attachments such as Tiffs,or spreadsheets. g. Files names are to be consistent with plan index sheet names,as listed on title sheet, for easy identification. 3. One complete set of PDF files,ready to print at full size. a. Pen weights,density and shadings to be consistent with original plot settings. 4. In addition, if applicable, submittals shall include ESRI ArcGIS shape files that were created for the project. 5. If necessary,include a"Readme"document for any clarification that may be necessary. 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 Consultant shall perform the Scope of Services for a lump sum fee not to exceed$16,000. 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. City of Iowa City-2011 Terminal Building Exterior Repairs • -5- FOR THE CITYFOR� THE CONSULTANT By: vim—Y✓ice " By: o5U / "n"'LT`^61 1 Title: Cart tk/Lc/(1-\- a r Title: ft-7 A Date: 11- (1 \ Date: /17, Z L, E7 ( ATTEST: /1. � Approved by: City Attorney's Office � - I —ii Date pw\formskonsagmt.frm City of Iowa City-2011 Terminal Building Exterior Repairs Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. )9-11- RESOLUTION //-RESOLUTION APPROVING TASK ORDER NO. 7 WITH AECOM FOR CONSTRUCTION RELATED SERVICES RELATING TO THE RUNWAY 7-25 PARALLEL TAXIWAY GRADING AND DRAINAGE WHEREAS, the Iowa City Airport Commission entered into a contract entitled "Professional Services Agreement" with Earth Tech (n/k/a AECOM) on December 11, 2008 to provide engineering services for Federal Airport Improvement Program Projects; WHEREAS, Part I(A) of said agreement provides that the parties will enter into supplemental task orders for each project; WHEREAS, the Commission and AECOM have previously entered into Task Orders Nos. 1, 2, 3,4, 5 and No. 6; WHERAS, the Commission and AECOM now desire to enter into Task Order No. 7, a copy of which is attached. WHEREAS, it is in the best interest of the Commission to enter into Task Order No. 7 NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. The Chairperson is authorized and the Secretary to attest to Task Order No. 7 following advice of counsel. pe ` /`ec,` pI f, f frA (o,re..— Passed and approved this Z S day of J LtAS4 2011. Approved By: CHAIRPERSON n ATTEST: SECRETAR City Attorney's Office it was moved by )`, and seconded by G 5(< ✓ I the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline ✓/ Crane Gardinier t/ Horan VMascari s , Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. /9// w2 " RESOLUTION SETTING A PUBLIC HEARING FOR NOVEMBER 17, 2011, REGARDING THE INTENT TO ENTER INTO A GROUND LEASE AGREEMENT WITH AFFORDABLE AUTO, LLC FOR LOT 17 OF THE NORTH AIRPORT SUBDIVISION. WHEREAS, Affordable Auto, LLC would like to enter into a lease for an auto repair and used car facility at Lot 17 of the North Airport Subdivision, aka Aviation Commerce Park; and WHEREAS, the attached lease has been approved by the Airport Operations Manager. NOW, THEREFORE, BE IT RESOLVED BY THE IOW CITY AIRPORT COMMISSION 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 November 17, 2011 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 dJ +�' day of C�`vb&r , 2011. CHAIRPERSON Approved by ATTEST: � ���9 ,C' SECRETARd City Attorney's Office It was moved by er-v-- and seconded by C . - the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Assouline Crane Gardinier V_ Horan Mascari Drafted by:Susan Dulek,Ass't. City Attorney, City of Iowa City,410 E.Washington St., Iowa City, IA 52240 AVIATION COMMERCE PARK GROUND LEASE LOT 17 This Ground Lease (the "Lease") is made as of the day of 2011, by and between the Iowa City Airport Commission, having a principal business address at 1801 S. Riverside Drive, Iowa City, IA 52240 ("Landlord") and Affordable Auto, LLC ("Tenant"), with the exception of Article XIX. The agreement contained within Article XIX of this Ground Lease is by and between the City of Iowa City, a municipal corporation, and Affordable Auto, LLC. RECITALS A. The City of Iowa City is the owner of fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as Aviation Commerce Park, and legally described as North Airport Development, Iowa City, Iowa, according to the plat thereof recorded with the Johnson County, Iowa, Recorder, October 17, 2001 at Plat Book 43, Page 182 (the "Real Estate"). Landlord has the authority to lease Aviation Commerce Park. B. Tenant is Affordable Auto, LLC. C. The parties desire to enter into a ground lease pursuant to which Landlord will lease an unimproved portion of the Real Estate, legally described as Lot 17, North Airport Development, Iowa City, Iowa, according to the plat thereof recorded with the Johnson County, Iowa, Recorder October 17, 2001, Plat Book 43, Page 182, consisting of 46,628 square feet, for the purpose of Tenant's constructing improvements (the "Leased Premises"). D. Tenant has indicated a willingness and ability to properly keep, maintain, and improve said ground in accordance with standards established by Landlord, if granted a lease of sufficient term on said ground area. E. Tenant has indicated an interest in purchasing the Leased Premises from the City of Iowa City, and said option is provided for herein and specifically approved by the City of Iowa City. Tenant acknowledges that the Landlord has the authority to lease the Leased Premises, but not to sell the Leased Premises. The City of Iowa City has the authority to sell the Leased Premises. • In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree as follows: 2 ARTICLE I GRANT 1.01 Grant. Landlord hereby leases to Tenant the Leased Premises in accordance with the terms and conditions hereinafter set forth. ARTICLE II CONDITION 2.01 Condition of Leased Premises. Tenant is taking possession of the Leased Premises in an "as-is" condition as of the execution and delivery of this Lease. Landlord shall have no obligation to perform any improvements, alterations, additions, repairs or replacements thereto. ARTICLE III TERM 3.01 Initial Term. The term of this Lease shall commence on the date of the execution and delivery of this Lease (the "Lease Commencement Date") and shall continue thereafter for a term of 25 years ending November 30, 2036 (the "Term) unless sooner terminated as provided herein. 3.02 Options to Renew. Tenant shall have the option to renew this Lease upon the same terms and conditions, with the exception of the amount of monthly base rent, for 5 successive 5-year terms following the initial Term. Tenant shall be required to give notice to Landlord, in writing, not less than 180 days prior to the expiration of the preceding term of Tenant's intent to exercise an option for a renewal term. The monthly base rent during the renewal periods is set forth in Section 4.01. ARTICLE IV RENT AND UTILITIES 4.01 Monthly Base Rent. (a) Commencing on June 1, 2012 and continuing on the first day of each succeeding month, Tenant shall pay to Landlord, at the address specified in Section 17.05, or at such other place as Landlord may from time to time hereinafter designate to Tenant in writing, monthly rent ("Monthly Base Rent") of$1,632. (b) Landlord acknowledges that Tenant has prepaid the pro rate Monthly Base Rent for November 2011 and for December 2011 through May 2012 in the amount of$10,227. (c) The Monthly Base Rent shall increase annually beginning February 1, 2013 as provided below. (d) Definitions. For purposes of this provision, the following definitions shall apply: 3 (1) the term "Consumer Price Index" or "CPI" shall mean the U.S. Bureau of Labor Statistics Consumer Price Index for all Urban Consumers-U.S. City Average, seasonally adjusted. (1982-84 equals 100). (2) the term "Current CPI" shall mean the annual average of Consumer Price Indices for the calendar year immediately preceding the Change Date. (3) the term "Base CPI" shall mean the annual average of Consumer Price Indices for the calendar year immediately preceding the year for which the Current CPI is determined. (4) the term "Change Date" shall mean February 1 of each year beginning February 1, 2013. (e) Adjustment. Effective on the Change Date, the Monthly Base Rent hereunder shall escalate based on the following formula and illustrated by the following example: (1) Formula. ((Current CPI — Base CPI) x Rent] + Rent = Escalated Rent [Base CPI] (2) Example re 2/1/13. The monthly base rent is $1,632. Assume the Current CPI (annual average CPI for 2011) is 225.114 and that the Base CPI (annual average CPI for 2012) is 228.537. Monthly base rent beginning February 1, 2013 would be $1,656.81. [(228.537—225.114) x $1,632] + $1,632 = $1,656.81 225.114 (f) No Recomputations. No subsequent adjustments or recomputations, retroactive or otherwise, shall be made to the Consumer Price Index due to any revision that may later be made to the first published figure of the Consumer Price Index for any month. (g) No Rent Decrease. In no event shall the Monthly Base Rent for a given year be less than the Monthly Base Rent for the immediately preceding year. (h) No Waiver. Any delay or failure of Landlord in computing or billing Tenant for the escalation of Monthly Base Rent as provided herein shall not constitute a waiver of or in any way impair the continuing obligation of Tenant to pay such escalation of Monthly Base Rent. (i) Change in Index. In the event that the Consumer Price Index ceases to use 1982-84=100 as the basis of calculation, the new CPI established by the U.S. Bureau of Labor Statistics Consumer Price Index for all Urban Consumers-U.S. City Average, seasonally adjusted, with a different base year shall be used. 4.02 Net Lease. This Lease in every sense shall be without cost to the Landlord for payment of the development, maintenance, and improvement of the Leased Premises. It shall be the sole responsibility of the Tenant to keep, maintain, repair and operate the entirety of the Leased Premises and all improvements and facilities placed thereon at Tenant's sole cost and expense and 4.03 Utility Payments. Commencing with the Lease Commencement Date and continuing throughout the Term, Tenant shall pay or cause to be paid all charges, 4 assessments, or taxes for gas, electricity, water, sewer, telephone, and all other utility services incurred in connection with Tenant's use and occupancy of the Leased Premises. 4.04 Taxes. Commencing with the Lease Commencement Date and continuing throughout the Term, Tenant shall pay all property taxes assessed on the Leased Premises when they become due. 4.05 Rent in Option Years. If the parties cannot agree on the amount of rent during any option period, they agree to retain the services, and to split the fee equally, of a commericial real estate broker who actively leases property in the Iowa City area. Said commercial broker will determine the rent for the five-year option period, which shall not be less than the previous monthly base rent. ARTICLE V USE AND OCCUPANCY 5.01 Use. Tenant shall use the Leased Premises and Tenant's Improvements exclusively for an auto repair and used car facility. 5.02 Construction. Tenant shall obtain a certificate of occupancy for the building on the Leased Premises for the operation of said facility within one (1) year of the date of the Lease Commencement Date. Tenant's interest under this Lease shall terminate and all payments hereunder shall be forfeited if Tenant does not obtain a certificate of occupancy within one (1) year of the Lease Commencement Date. The failure by Tenant to obtain a certificate of occupancy within a period of one (1) year from the Lease Commencement Date shall be considered an event of Default and Landlord shall have available all remedies set forth herein. 5.03. Licenses. Tenant shall, at Tenant's expense, obtain and maintain during the Term of this Lease all licenses or permits necessary for the operation of Tenant's use of the Leased Premises as defined in Section 5.01 herein and Tenant shall comply with any other applicable rules and regulations governing the operation of Tenant's use of the Leased Premises as required by any federal, state, or local government or regulatory authority or agency. 5.04. Zoning. Tenant shall, at Tenant's expense, obtain any and all necessary zoning approvals and permits required by local law or ordinance. 5.05. Restrictions. (a) FAA. Tenant shall for itself, its successors and assigns, prevent any use of the property which would interfere with landing or taking off of aircraft at the Iowa City Municipal Airport, or otherwise constitute an airport hazard. (b) FAA. Tenant shall for itself, its successors and assigns, restrict the height of structures, objects of natural growth, and other obstructions on the property to a height of 688 feet Above Mean Sea Level (AMSL) or other height as determined by an FAA airspace review under Federal Aviation Regulation (FAR) Part 77. FAA Form 7460- 1, "Notice of Proposed Construction or Alteration," is to be submitted to the FAA and an unobjectionable determination received prior to commencement of construction. 5 (c) FAA. Landlord reserves and excepts to itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property herein described, including the right to cause in such airspace any noise inherent in the operation of any aircraft used for navigation or flight through such airspace for landing at or taking off from or maneuvering in the vicinity of the Iowa City Municipal Airport. (d) Nuisances. No act constituting a nuisance as defined under the provision of Chapter 657, Code of Iowa, the City of Iowa City ordinances, or the common law of Iowa, shall be permitted. (e) Construction Site Standards. Construction and the conduct thereof shall comply with all governmental requirements as to health and safety and shall meet the standards set forth herein and as set forth by City ordinance. Such standards shall cover, but not be limited to, the restrictions contained herein and additional regulations concerning erosion control, parking for construction workers, office trailers on the lot, material storage, location of telephones and vending machines, security design, location and disposal of sewage during construction, cleaning and policing of the construction site and protection of streets, street right of ways and property adjoining the building site. Said requirements may vary depending on size, location and topography of a lot. During the course of construction, Tenant, its agents, and contractors shall keep mud, dirt, debris and building materials off of all City roads and other lots. No temporary building, job trailers or the like shall be permitted on the lot except those incident to construction while an approved building is being constructed thereon and shall be removed within 30 days following the issuance of a permanent certificate of occupancy by the City of Iowa City. When the construction of a project is once begun, work thereon shall be prosecuted diligently and continuously until full completion. (e) Parking. All parking areas and service drives shall be dust free, hard- surface with a concrete curb and gutter. Parking will not be permitted on the lot except in paved parking areas designed for parking. Tenant shall enforce all fire lane and any other"no parking" restrictions on paved areas within its lot as required by the applicable fire safety authorities. (f) Landscaping. In connection with construction on the lot, the Tenant shall sod or seed the entire ground surface of the lot except for building and parking sites and alternatively landscaped areas. The Tenant shall be responsible for sodding or seeding and maintaining the area between its property line and the street curb and for maintaining all Landlord installed landscaping thereon. Landscaping shall be completed by Tenant no later than 30 days after a certificate of occupancy is issued of the building(s) on the lot, weather permitting. If the Tenant informs the Landlord in writing within 30 days of issuance of the certificate of occupancy that weather will not permit the completion of landscaping, the Landlord will provide the Tenant with an alternate deadline by which to complete the landscaping. Once installed, the landscaping shall be maintained in good condition and appearance; regularly watered, mowed, and edged. All re-plantings and re-landscaping shall be governed by the then-current City ordinances. (h) Signs. All signs shall comply with City ordinances. (i) Lighting. All lighting shall be directed away from adjacent properties and shall be positioned to eliminate glare on streets and highways. No neon lights, intermittent or flashing lights shall be allowed. Only shaded light sources shall be used to illuminate signs, facades, buildings, parking and loading areas. All lighting shall be reflected downward. 6 (k) Utitlies. All electric, telephone, and other utility lines on or servicing the lot must be underground. It is the responsibility of the Tenant or occupant of the lot to make arrangements with the suppliers of electrical, water, sewer and other utility services for the site. All electric transformers, terminals, or other utility appurtenances which are required to be above ground, shall be located where possible at the rear of a building, and if visible from a street such equipment shall be behind a screening facility meeting the City Code.. ARTICLE VI IMPROVEMENTS; SURRENDER; PERSONAL PROPERTY; ALTERATIONS; LIENS; MAINTENANCE; COMPLIANCE 6.01 Improvements and Personal Property. (a) Title to Tenant's Improvements. Any and all real property improvements, alterations, modifications or additions on or to the Leased Premises made by Tenant during the Term ("Improvements") shall be and remain the property of Tenant throughout the Term. (b) Surrender. Upon expiration of the Term or termination of the Lease, whether by breach, default, expiration of Lease, or otherwise, title to the Tenant's Improvements shall be and become the sole and absolute property of Landlord, and Tenant shall thereupon be required to, at Landlord's sole discretion, either: (i) return and deliver up the Leased Premises in the same condition as when delivered to Tenant, normal wear and tear excepted or (ii) return and deliver up to Landlord the Leased Premises and Tenant's Improvements thereon. If Landlord chooses option (ii), said Improvements shall be surrendered to;and become the sole property of Landlord at that time, free and clear of any liens of mortgages, deeds of trust, liens of mechanics, laborers or materialmen, and all other liens and encumbrances other than any such liens and encumbrances incurred by Landlord, or such lien or encumbrance which Landlord agrees in writing may survive the expiration of the Term or the termination of the Lease. (c) Removal of Personal Property. All items of furniture, furnishings, inventories and other personal property acquired by Tenant for use on the Leased Premises (the "Personal Property") shall be and remain the property of Tenant regardless of termination of the Lease or expiration of the Term. Tenant shall remove from the Leased Premises all Personal Property at or before the termination or expiration of the Lease. If Tenant fails to remove such items within such period, then (i) such items shall be deemed abandoned by Tenant and shall become the property of Landlord, and (ii) Landlord shall have the right to remove and dispose of such items as Landlord, in its sole discretion, sees fit and to charge Tenant the cost of doing so. 6.02 Alterations. (a) Required or Discretionary Alterations. Tenant shall make all additions, improvements, and alterations (hereinafter "Alterations") on the Leased Premises, and on and to the Tenant's Improvements thereon, required by any governmental authority or which may be made necessary by the act or neglect of Tenant, its employees, agents or contractors, or any persons, firm or corporation, claiming by, through or under Tenant. Except as provided in the immediately preceding sentence, Tenant shall not make any other Alterations to the Leased Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. 7 (b) Performance Standards. Prior to making any Improvements or Alterations, Tenant shall submit to Landlord for approval the following items: Final plans and specifications, ii. Certificates of insurance required by Section 8.01 naming Landlord and the City of Iowa City as additional insureds and including builder's risk, liability and worker's compensation insurance and such other insurance customarily obtained during construction as is reasonably requested by Landlord; and ii. Completion assurances in the form of an Irrevocable Letter of Credit or Payment and Performance Bond in accordance with Section 6.02(c) below, both drawn to the benefit of Landlord, or as may be required by Landlord. Such completion assurances must be acceptable to Landlord in both form and substance, and must also be obtained from companies satisfactory to Landlord. In addition, Tenant shall, upon Landlord's written request, provide Landlord with evidence satisfactory to Landlord of Tenant's financial ability to pay for the Improvements or Alterations. Landlord may also require that Tenant secure, at Tenant's expense, evidence satisfactory to assure Landlord's title in the Leased Premises against mechanic's liens arising out of any work, alterations or improvements made to the Leased Premises by Tenant as provided in Section 6.03 herein below. Tenant shall not commence to perform any Improvements or Alterations costing in excess of $10,000.00 without obtaining Landlord's prior written consent, which consent shall not be unreasonably withheld. All permitted Improvements or Alterations shall be performed with new materials, in a good and workmanlike manner, strictly in accordance with the final plans and specifications approved by the Landlord, and in accordance with any and all Legal Requirements as such term is defined in Section 6.05. Upon completion of any such work by or on behalf of Tenant, Tenant shall provide Landlord with such documents as Landlord may require evidencing payment in full for such work, such as lien waivers, and "as-built" working drawings. In the event Tenant performs any work not in compliance with the provision of this Section 6.02(b), Tenant shall, upon written notice from Landlord, immediately remove such work and restore the Leased Premises to their condition immediately prior to the performance thereof. If Tenant fails to so remove such work and restore the Leased Premises as aforesaid, Landlord may, at its option, and in addition to all other rights or remedies of Landlord under this Lease, at law or in equity, enter the Leased Premises and perform said obligation of Tenant and Tenant shall reimburse Landlord for the cost to the Landlord thereof, immediately upon being billed therefore by Landlord. Such entry by Landlord shall not be deemed an eviction or disturbance of Tenant's use or possession of the Leased Premises, nor render Landlord liable in any manner to Tenant. (c) Performance Bond. Unless exempt or unless this requirement is waived by Landlord, Tenant, at its own cost and expense, shall cause to be executed, and delivered to Landlord a performance bond, as follows: Prior to the date of commencement of construction, a contract surety bond in a sum equal to the full amount of the construction contract awarded by Tenant for construction of the improvements on the Leased Premises. Said bond shall be drawn in a form and from such company as approved by Landlord; shall guarantee the faithful performance of necessary construction and completion of improvements in accordance with approved final plans and detail specifications; and shall guarantee Landlord against any losses and liability, damages, expenses, claims, and judgments caused by or resulting from any failure of Tenant, or Tenant's contractor, to perform 8 completely the work described as herein provided and to pay all bills for labor, supplies, material and equipment incident thereto. In lieu of said bond, Tenant may deposit the amount of said bond in a local depository institution selected by Tenant to remain until Tenant's general contractor has delivered to Landlord a waiver of all claims against the Leased Premises for labor done and materials furnished and for a period of four months after the Landlord's building inspector approves final completion of the construction of improvements, provided no mechanic's liens have been filed against the Leased Premises during that time, at which time such deposit shall be refunded to Tenant. All earnings from said deposit shall be the property of Tenant. 6.03 Liens. Tenant shall not cause or permit any liens to be attached to, placed on or filed against the Landlord's interest in the Leased Premises or Tenant's Improvements in connection with any construction, alteration, demolition, repair or restoration work Tenant performs or causes to be performed on the Leased Premises. If, however, at any time, in connection with the planning, construction, alteration, demolition, repair or restoration work Tenant performs or causes to be performed on the Leased Premises, any liens of mechanics, laborers or materialmen shall be filed against, attached to or placed on the Leased Premises, the Tenant's Improvements or any part thereof relating to work described above, Tenant shall, at its expense, cause the same to be discharged, by payment, bonding or otherwise as provided by law, within fifteen (15) days after Tenant receives notice that the lien was filed, except for such liens that may have been incurred by Landlord arising from Landlord's actions. Nothing herein contained shall in any way prejudice the rights of Tenant to contest in good faith to final judgment or decree any such lien prior to payment thereof, provided that Tenant shall (a) furnish and keep in effect a surety bond of a responsible and substantial surety company, acceptable to Landlord, in an amount sufficient to pay 125% of the amount of such contested lien claim with all interest thereon and costs and expenses with respect thereto, or (b) provide other security reasonably satisfactory to Landlord. Upon final determination of the validity of such contested lien or claim, Tenant shall immediately pay the amount finally determined to be due thereon including any judgment or decree rendered in connection therewith, with all property costs and charges and shall cause any such lien to be released of record without cost to Landlord and during the pendency of any such contest, Tenant shall save and keep Landlord harmless from any claim or loss by reason thereof. Tenant's failure to comply with the terms of this Section 6.03 shall be considered a Default under the Lease, and Landlord shall have the right to any and all remedies against Tenant as set forth in Section 13.02 herein. 6.04 Maintenance. Tenant shall, throughout the Term, at its sole cost and expense, maintain the Leased Premises and all buildings and improvements at any time erected thereon, any unimproved portion of the Leased Premises and all Personal Property installed therein, in good repair and in a safe, clean, sightly and sanitary condition. In the event that Tenant, in Landlord's reasonable judgment, fails to comply with its repair and maintenance obligations under this Section 6.04, Landlord may, but shall not be obligated to, in addition to its remedies under Article XIII, perform all repairs and maintenance which in Landlord's reasonable judgment is required to bring the Leased Premises, Tenant's Improvements and Personal Property into compliance with the repair and maintenance standards of this Section 6.04. 6.05 Compliance with Legal Requirements. Tenant shall, throughout the Term, at its sole cost and expense, promptly comply with all applicable laws, ordinances and regulations of governmental entities having jurisdiction over the Leased Premises (including, but not limited to all local zoning use restrictions and requirements), and all policies of insurance applicable to the Leased Premises (collectively, "Legal Requirements"). Tenant shall not conduct or permit any person to conduct any unlawful activity on the Leased Premises or any use or activity in violation of (a) any Legal Requirements, including but not limited to zoning or other land use 9 laws or ordinances, or (b) any private restrictive covenants applicable to the Real Estate. Furthermore, Tenant shall not cause or allow any activity which causes air, water, soil or noise pollution, which would violate any Legal Requirements or which would otherwise constitute a nuisance or reasonably objectionable intrusion into or interference with the use of any surrounding property. 6.06 Non-Discrimination. Tenant covenants, in consideration of the right to lease property at Aviation Commerce Park, that Tenant, its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. Tenant shall remain in compliance with all requirements of 49 C.F.R. Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transportation. ARTICLE VII SALE AND RIGHT OF FIRST REFUSAL 7.01 Sale of Structure and Right of First Refusal. Tenant hereby grants to Landlord an irrevocable right of first refusal in the purchase of any structure or improvements, including purchase by way of assignment of lease, upon the Leased Premises or in the asignment of the leasehold interest. Upon receipt of any acceptable offer, Tenant shall provide notice of said offer to Landlord. Landlord shall have the option to purchase the structures or improvements upon the same terms and conditions contained therein. Landlord shall accept or decline said offer within thirty (30) days of receipt of the notice. Failure to accept the offer within the thirty (30) day period shall operate to decline the offer. In the event that Landlord accepts the offer, the parties shall proceed to closing within sixty (60) days. Tenant shall not sell, grant, bargain, or convey any structure or improvements upon the Leased Premises without first obtaining the written approval of the Landlord, which the Landlord may withhold at its sole discretion. Tenant shall fully disclose to Landlord the identity of any person, persons or corporation interested in the purchase of the structure or improvements. ARTICLE VIII INSURANCE, DAMAGE AND DESTRUCTION 8.01 Insurance. Tenant covenants and agrees that it will at its own expense procure and maintain general liability and casualty insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage a. Comprehensive General Liability Each Occurrence Aggregate (1) Bodily Injury& Property Damage $1,000,000 $2,000,000 b. Automobile Liability Combined Single Limit (1) Bodily Injury& Property Damage $1,000,000 c. Excess Liability $1,000,000 $1,000,000 10 d. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord and the City of Iowa City, as additional insureds. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this lease agreement, Certificates of Insurance and copies of said policies, naming the Landlord and the City of Iowa City, Iowa as additional insureds. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. 8.02 Subrogation: Subrogation rights are not to be waived unless a special provision is attached to this lease. 8.03 Damage or Destruction. (a) Tenant's Obligation to Restore. If any or all of the Tenant's Improvements shall be damaged or destroyed by fire or any other casualty, then Tenant shall have the right, exercisable by giving written notice thereof to Landlord within fifteen (15) days after the determination thereof, to terminate this Lease. Damaged means when the cost to repair the Improvements exceeds the current value of the Improvements as determined by the Landlord. (i) If the Lease is not terminated, then Tenant shall be obligated to repair and restore Tenant's Improvements, as hereinafter provided. Such repair or restoration shall be commenced within ninety (90) days after the date the casualty occurs, and shall be completed within a reasonable period thereafter not to exceed twelve (12) months. If the Tenant shall fail to commence or complete such repairs and restoration work within the time periods set forth in the preceding sentence, except for reasons due to strike, shortage of labor or materials, war, or an act of God, Landlord shall have the right to immediately terminate this Lease. In performing such restoration, Tenant shall substantially comply with the conditions applicable to Alterations, including but not limited to, Section 6.02. All insurance proceeds collected for such damage or destruction shall be paid to a depositary approved by Landlord, Tenant, and any entity having a security interest in the Lease. Such insurance proceeds shall be made available to be applied toward the cost of such repairs or restoration. If the insurance proceeds shall be insufficient for said repair or restoration, Tenant shall make up the deficiency out of Tenant's funds. In all cases, due allowance shall be made for reasonable delay caused by adjustment of insurance claims, loss, strikes, governmental approval, labor difficulties or any cause beyond either party's reasonable control. (ii) If the Lease is terminated in accordance with this Section 13.02(a), then Tenant shall demolish the Tenant's Improvements and restore the Leased Premises to its condition prior to the Lease Commencement Date, and the effective date of the termination shall occur upon completion of such demolition and restoration work, as if such date were specified as the expiration date of the Term. In such event, the insurance proceeds shall be applied to pay for the demolition of the Tenant's Improvements and the restoration of the Leased Premises, as previously provided, and thereafter, Tenant shall receive any remaining proceeds. (b) Remedies. If Tenant shall not enter upon the repair or rebuilding, or the demolition and restoration, as the case may be, of the Tenant's Improvements within the period specified in Section 8.03(a) and prosecute same thereafter with such dispatch as may be necessary to complete same within said period, then, in addition to whatever other remedies Landlord may have either under this Lease, at law or in equity, the money received by and then remaining in the hands of the Depositary shall be paid to and retained by Landlord as security for the continued performance and observance by Tenant of the Tenant's covenants and agreements hereunder, or Landlord may terminate this Lease and then be paid and retain the 11 amount so held as liquidated damages resulting from the failure on the part of Tenant to comply with the provisions of Section 8.03(a). (c) Negotiation, Settlement and Adjustment of Insurance Proceeds. Tenant shall have the right to settle the amount of the casualty loss with the insurance carriers, but no final settlement of a loss in excess of Fifty Thousand Dollars ($50,000.00) may be made without Landlord's prior written consent thereto. (d) Rent and Other Charges. Provided the Lease is not terminated as provided in Section 8.03(a), neither Rent nor other charges shall be reduced or abated following damage or destruction or during the period of repair, restoration or rebuilding. If the Lease is so terminated, Rent and other charges shall be paid through the effective date of such termination. ARTICLE IX CONDEMNATION 9.01 Condemnation. If the Leased Premises shall be condemned and taken for any public use, or a portion of the Leased Premises is so taken so that the remaining portion in Tenant's reasonable judgment is unsuitable for continued operation of the business(es) located on the Leased Premises, this Lease shall terminate on the date the right to occupy the Leased Premises shall vest in the condemner; and Landlord shall refund any portion of Tenant's pre- paid rent on a pro-rata basis. All damages awarded for taking of leased interest shall belong to Tenant. ARTICLE X ASSIGNMENT AND SUBLETTING 10.01 Binding Effect. The Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. 10.02 Assignments. Tenant may not sell, transfer, or assign this Lease (either directly or indirectly) or any legal or beneficial interest therein, or sublease all or any part of the Leased Premises without the prior written consent of the Landlord, which consent may be withheld at Landlord's sole discretion. In exercise of its discretion as to such a proposed sale, transfer or assignment by Tenant, Landlord, in the event that a proposed sale, transfer or assignment by Tenant provides for payment to Tenant an amount of rent greater than the amount of Tenant's rent obligation herein at the time, Landlord may require that a percentage of the difference between the rental amounts be paid to Landlord. Tenant shall give Landlord written notice of any proposed assignment or sublease of the Leased Premises, and such notice shall provide (a) the name and address of the proposed assignee or sublessee, (b) the terms of the proposed assignment or a copy of the proposed sublease, (c) the most recent financial statements of the proposed assignee or sublessee and (d) such other information as Landlord may reasonably request. Any assignment or sublease made by Tenant without Landlord's consent in violation of this Section 10.02 shall be voidable at Landlord's option and shall constitute an Event of Default. Landlord's consent to any one assignment or sublease shall not be deemed a waiver of this Section 10.02 with respect to any subsequent assignment or sublease nor consent to any subsequent assignment or sublease. Absent the Landlord's agreement to the contrary, following assignment, whether with or without the Landlords' consent, Tenant will remain liable for all Lease obligations. 12 ARTICLE XI MORTGAGES 11.01 Leasehold Mortgage. (a) General Provisions. Tenant, and any successor or permitted assignee of Tenant, shall not, at any time during the Term, pledge, mortgage or encumber the Lease and/or the Leased Premises demised hereunder, or Tenant's Improvements, without Landlord's prior written consent, which consent Landlord may, in its sole discretion, withhold. Any such pledge, mortgage or encumbrance made by and entered into with Landlord's consent, is herein referred to as a "Leasehold Mortgage". Any Leasehold Mortgage made by and entered into by Tenant without Landlord's consent in violation of this Section 11.01 shall be voidable at Landlord's option, and shall constitute an Event of Default. (b) Landlord's Forbearance; Foreclosure by Leasehold Mortgagee. Landlord hereby agrees that for the benefit of a Leasehold Mortgagee holding a Leasehold Mortgage and the successors and assigns of such Leasehold Mortgagee: (i) When giving notice to Tenant with respect to any default under the Lease or any exercise of any right to terminate the Lease, Landlord will also give a copy of such notice to the Leasehold Mortgagee at the address of the Leasehold Mortgagee furnished to Landlord. No such notice to Tenant shall be deemed to affect any rights of the Leasehold Mortgagee unless or until such notice is given in said manner to such Leasehold Mortgagee. (ii) In case Tenant shall default in respect of any of the provisions of the Lease, the Leasehold Mortgagee shall have the right, but not the obligation, to cure such default, and Landlord shall accept payment and/or performance by or on behalf of such Leasehold Mortgagee as though, and with the same effect, as if the same had been done or performed by Tenant. The Leasehold Mortgagee will have a period of time after the service of any notice of a default hereunder upon it within which to cure the default specified in such notice, or cause it to be cured, which is the same period for cure, if any, as is available to Tenant under the Lease for the specified default, plus an additional period of thirty (30) days. In the event of a default (or in the event that Landlord is seeking to terminate the Lease by reason of a default) which cannot reasonably be cured within said period because of Tenant's possession of the Leased Premises, Landlord shall forebear from exercising its rights to terminate the Lease as against Leasehold Mortgagee (while reserving all rights against Tenant) on account of such default provided that the Leasehold Mortgagee: (A) has cured all defaults which can reasonably be cured within the period of time allotted for cure, (B) within said period has notified Landlord of its intent to cure all other defaults in a notice which specifies the proceedings by which the Leasehold Mortgagee intends to secure possession of the Leased Premises, (C) has begun proceedings to secure possession within the said period, and (D) thereafter prosecutes such proceedings with reasonable diligence. The notice specified in clause (B) above shall contain an assumption by the Leasehold Mortgagee of all of Tenants restrictions and obligations hereunder. (iii) No default will be deemed to exist as against any Leasehold Mortgagee and Landlord shall have no right, and shall take no action, to effect a termination of the Lease as against any Leasehold Mortgagee until the Leasehold Mortgagee has had the opportunity to cure such default specified in clause (H) above. If the Leasehold Mortgagee, by foreclosure or otherwise, acquires Tenant's leasehold estate, the Leasehold Mortgagee shall be subject to all Lease Restrictions and shall be liable for all Tenant's obligations accruing thereafter to the same extent as the prior Tenant would have been so liable. 13 (iv) Provided that the Leasehold Mortgagee has complied with Subsection (ii) of this Section, any default of Tenant under any provision of the Lease which is not reasonably susceptible of being cured by a Leasehold Mortgagee during the cure period specified in Subsection (ii) of this Section shall be cured by Leasehold Mortgagee or any other purchasers or transferees of Tenants interest under this Lease, whether at judicial foreclosure, trustee's sale or by an assignment of the Lease in lieu of foreclosure within thirty (30) days after acquisition. (v) A Leasehold Mortgagee (or its designee or nominee) may become the legal owner and holder of the interest of Tenant under the Lease, including without limitation, the interest of Tenant in all Tenant's Improvements and Personal Property, by foreclosure or other enforcement proceedings, or by obtaining an assignment of the Lease and a conveyance of the Tenant's Improvements and Personal Property in lieu of foreclosure or through settlement of or arising out of any pending or threatened foreclosure proceeding, without Landlord's consent, but subject always to the applicable terms, provisions, obligations, and restrictions of the Lease. Upon such acquisition of legal ownership, such Leasehold Mortgagee (or its designee or nominee) shall be liable for all obligations under the Lease accruing thereafter to the same extent as the Tenant would have been. In such event, Leasehold Mortgagee (or, if said Leasehold Mortgagee has not yet become a successor Tenant hereto, then its designee or nominee) shall have the right thereafter to assign the Lease and convey the Tenant's Improvements and Personal Property subject to all other applicable terms, provisions, obligations, and restrictions of the Lease. (vi) If Tenant fails to observe or perform any of its obligations under the Lease, Leasehold Mortgagee may, but shall not be obligated to, observe or perform such obligations for and on behalf of Tenant, whether or not Tenant shall be in default under the Lease. (c) Notices to Leasehold Mortgagees. Any notice or other communication which Landlord shall desire or is required to give to or serve upon a Leasehold Mortgagee shall be in writing and shall be served by registered or certified mail or by commercial courier service addressed to such holder at the address as shall be designated from time to time by such Leasehold Mortgagee and shall mail a copy of said notice by ordinary mail. Any notice or other communication which any Leasehold Mortgagee shall desire or is required to give to or serve upon Landlord shall be deemed to have been given or served if sent by registered or certified mail or by commercial courier service addressed to Landlord at Landlord's address as set forth in the provisions of the Lease providing for notices to Landlord or at such other address as shall be designated from time to time by Landlord by notice in writing given to such Leasehold Mortgagee by registered or certified mail or by commercial courier service. Any notice given pursuant hereto shall be effective when received or refused. (d) Non-Merger. No union of the interests of Landlord and Tenant shall result in a merger of the Lease and the fee interests in the Leased Premises without the prior written consent of any Leasehold Mortgagee. ARTICLE XII EASEMENTS 12.01 Generally. This Lease and the rights granted to Tenant hereunder are expressly made subject and subordinate to any and all existing easements on the Leased Premises, and Tenant shall not in any way act to alter, obstruct, disturb or otherwise impair any of said easements nor grant additional easements on or affecting the Leased Premises during the term of this Lease without Landlord's prior written consent. 14 ARTICLE XIII DEFAULT 13.01 Events of Default. The following shall constitute "Events of Default": (a) Monetary. Tenant shall fail to pay Rent at the time required or any other monetary obligation or payment required under this Lease when due, and such failure shall continue for a period of ten (10) days following written notice from Landlord to Tenant; or (b) Non-performance. Tenant shall fail to observe or perform any of the other covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and complete, and such failure shall continue and not be cured for a period of thirty (30) days after written notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of being cured within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to completion; or (c) Bankruptcy: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or if a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future federal or state bankruptcy law or any similar federal or state law is filed in any court and such petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or (ii) A receiver , trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of the Leased Premises or any portion thereof is appointed in any proceeding brought by or against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or acquiesces in such appointment. 13.02 Landlord's Rights upon an Event of Default. Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the continuance of such Event of Default, Landlord may take any of the following actions and shall have the following rights against Tenant: (a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section 13.02(c). (b) Eviction. Landlord shall have the immediate right upon Termination of this Lease to bring an action for forcible entry and detainer. (c) Tenant to Remain Liable. No termination of this Lease pursuant to Section 13.02(a), by operation of law or otherwise, and no repossession of the Leased Premises or any part thereof pursuant to Section 15.02(b) or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession or reletting. (d) Damages. In the event of any termination of this Lease or eviction from or repossession of the Leased Premises or any part thereof by reason of the occurrence of an 15 Event of Defaul, Tenant shall pay to Landlord the Rent and other sums and charges required to be paid by Tenant for the period to and including the end of the Term or expiration of an option period as provided for by Section 3.02 herein, whichever is later. (e) Rights Cumulative, Non-Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Right to Cure. If Tenant fails to pay any utilities charges described in Article IV, insurance premiums described in Article VIII, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other remedies under this Article XIII, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the "Default Rate"). (g) Late Charge, Default Rate. If Landlord does not receive payment of any installment of Rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord may impose a late charge equal to five percent (5%) of the amount of such delinquent sum and if such sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Landlord's Lien. Landlord shall have a lien against Tenant's leasehold estate, Tenant's Improvements and all property of Tenant located at the Leased Premises, to secure any obligations of Tenant to Landlord arising pursuant to the provisions of this Lease. 13.03 No Implied Waiver. The failure of Landlord to insist upon strict performance of any of the covenants or conditions of the Lease, or to exercise any options herein conferred in any one or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of any Rent or any other sum payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall not be deemed a waiver of such breach. ARTICLE XIV ABANDONMENT 14.01 Abandonment. Tenant shall not vacate or abandon the Leased Premises at any time during the Term of this Lease. If Tenant shall vacate or abandon the Leased Premises, the right of possession shall, at the option of Landlord, revert to Landlord and Tenant shall lose all right to possession of the Leased Premises and Tenant's Improvements; however, Tenant shall otherwise remain liable on this Lease. Landlord shall then, without further notice, have the remedies provided for in Article XIII herein. 16 ARTICLE XV ENVIRONMENTAL CONDITIONS 15.01 Definitions. As used in this Lease, the phrase "Environmental Condition" shall mean: (a) any adverse condition relating to surface water, ground water, drinking water supply, land, surface or subsurface, strata or the ambient air, and includes, without limitation, air, land and water pollutants, noise, vibration, light and odors, or (b) any condition which may result in a claim of liability under the Comprehensive Environmental Response Compensation and Liability Act, as amended, or the Resource Conversation and Recovery Act, or any claim of violation of the Clean Air Act, the Clean Water Act, the Toxic Substance Control Act, or any claim of liability or of violation under any federal statute hereafter enacted dealing with the protection of the environment, or under any rule, regulation, permit or plan under any of the foregoing, or under any law, rule or regulation now or hereafter promulgated by the state in which the Leased • Premises are located, or any political subdivision thereof, relating to such matters (collectively "Environmental Laws"). 15.02 Compliance by Tenant. Tenant shall, at all times during the Term, comply with all Environmental Laws applicable to the Leased Premises and shall not, in the use and occupancy of the Leased Premises, cause or contribute to, or permit or suffer any other party to cause or contribute to any Environmental Condition. 15.03 Tenants Indemnity. Tenant will protect, indemnify and save harmless the Landlord, the partners of the Landlord, and all of the foregoing's respective partners, agents and employees (collectively "Landlord's Indemnitees"), from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) of whatever kind or nature, contingent or otherwise, known or unknown, incurred or imposed, based upon any Environmental Laws or resulting from any Environmental Condition occurring or contributed to during the term of this Lease. In case any action, suit or proceeding is brought against any of the parties indemnified herein by reason of any occurrence described in this Section 15.03, Tenant will, at Tenant's expense, by counsel reasonably approved by Landlord, resist and defend such action, suit or proceeding, or cause the same to be resisted and defended. ARTICLE XVI TENANT'S INDEMNIFICATION 16.01 Generally. To the extent not expressly prohibited by law, Tenant agrees to indemnify, save, protect and hold forever harmless, Landlord, and all of Landlord's Indemnitees as defined in Section 15.03 hereinabove, from and against all losses, damages, costs, claims and liabilities, including, without limitation, court costs and reasonable attorney's fees and expenses, which Landlord's Indemnitees, or any of them, may become liable or obligated by reason of, resulting from or in connection with: (a) any injury to or death of persons and damage to, or theft, misappropriation or loss of property occurring in or about the Leased Premises or the Property arising from Tenant's use and occupancy of the Leased Premises and/or the conduct of its business; (b) any activity, work or thing done, permitted or suffered by Tenant in or about the Leased Premises, including all liabilities of every kind or description which may arise out of or in connection therewith; and (c) any breach or default on the part of Tenant in the payment or performance of any covenant, agreement or obligation on the part of Tenant to be paid or performed pursuant to the terms of this Lease or any other act or omission of Tenant, its agents or employees. In case of any action or proceeding brought against Landlord's Indemnitees, or any of them, by reason of any such claims, Tenant covenants to 17 defend such action or proceeding by counsel reasonably satisfactory to Landlord and/or any particular Landlord's Indemnitee. ARTICLE XVII MISCELLANEOUS PROVISIONS 17.01 Access by Landlord. (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty-four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Leased Premises and Tenant's Improvements for the purposes of inspecting the same, determining whether this Lease is being complied with, curing (as permitted herein) any default by Tenant and showing the Leased Premises to prospective Leasehold Mortgagees. (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Leased Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Leased Premises. 17.02 Landlord's Right to Inspect Tenant's Records. Landlord shall, in the event of Tenant's Default as defined in Section 13.01, have the right to inspect and examine Tenant's organizational and financial books and records, including but not limited tax returns for the previous tax year, loan applications completed in the previous two years, audits completed in the previous two years, within thirty (30) of written request to do so. 17.03 Brokers' Fees. Each party represents and warrants to the other that no real estate broker or agent has been involved in this transaction, except Jeff Edberg of Skogman Commercial Real Estate Services Group. Tenant shall hold Landlord harmless and defend against the claim of any real estate broker or agent claiming to have acted on behalf of Tenant and Landlord shall hold Tenant harmless and defend against the claim of any other real estate broker or agent claiming to have acted on behalf of Landlord. 17.04 Gender and Number. Words of any gender used in the Lease shall be held to include any other gender, and words in the singular shall be held to include the plural, where required. 17.05 Notices. Notices, statements and other communications to be given under the terms of the Lease shall be in writing and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to Landlord: With copies to: If to Tenant: Iowa City Airport City Attorney Affordable Auto, LLC Commission 410 E. Washington St. % Mohammed % Commission Iowa City, IA 52240 Albasari Chairperson 13 Ambrose Ct. 1801 S. Riverside Dr. Coralville, IA 52241 Iowa City, IA 52240 18 or at such other address as from time to time designated by the party receiving the notice. All such notices shall be deemed to have been fully given, made or sent when made by personal service or deposited in the United States Mail, Registered or Certified, postage prepaid. 17.06 Applicable Law. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease. 17.07 Partial Invalidity. If any provision of the Lease shall be invalid or unenforceable it shall not affect the validity or enforceability of any other provisions of the Lease. 17.08 Heading. Headings as to the contents of particular articles and sections herein are inserted only for convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of the particular article or section to which they refer. 17.09 Binding Effect. The covenants, conditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 17.10 No Partnership. It is expressly understood that Landlord shall not be construed or held to be a partner, joint venturer or associate of Tenant in the conduct of Tenant's business and that the relationship between the parties hereto is and shall at all times remain that of landlord and tenant. 17.11 Holding Over. The Lease shall terminate without further notice at expiration of the Term. Any holding over by Tenant or any party claiming by, through or under Tenant after ' expiration shall not constitute a renewal or extension or give Tenant any rights in or to the Leased Premises. In the event of any holding over, Landlord may exercise any and all remedies available to it under Article XIII herein or at law or in equity to recover possession of the Leased Premises, and for damages. 17.12 Time is of the Essence. Time is of the essence in this Lease. 17.13 Recording. Upon request by either party upon the other, Landlord and Tenant will execute for purposes of recordation in the appropriate recording office a memorandum or short form of the Lease containing the names of the parties, a description of the Leased Premises, the Term, and such other provisions as either party may reasonably require. The cost and expenses of recording the memorandum or short form of the Lease shall be borne by the party requesting the memorandum be recorded. Each party agrees that it will not record the Lease in its entirety. 17.14 Covenants to Run with the Land. All the covenants, agreements, conditions and undertakings contained in this Lease shall extend and inure to and be binding upon the successors and permitted grantees and assigns of the respective parties hereto the same as if they were in every case named and shall be construed as covenants running with the land and wherever in this Lease reference is made to either of the parties hereto, it shall be held to include and apply to, wherever and whenever applicable, the successors and permitted grantees and assigns of such party the same as if in each and every case so expressed. 17.15 Entire Agreement; Merger. The Lease contains all the agreements and conditions made between the parties hereto with respect to the matters contained herein and may not be modified orally or in any other manner than by an Agreement in writing signed by all the parties hereto or their respective successors. All prior written and oral understandings and agreements shall be deemed to have merged into the Lease and have no further force and effect. 19 17.16 Counterparts. This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. ARTICLE XVIII FAA PROVISIONS 18.01 Commission Control. The Landlord reserves the right, but shall not be obligated to the Tenant, to maintain and keep in repair the landing area of the Airport and publicly owned facilities of the Airport, without hindrance from the Tenant. The Landlord reserves the right to take action it considers necessary to protect the aerial approaches of the Airport against obstructions. The Tenant shall not act as an agent or represent itself as an agent for the Landlord in matters between the Federal Aviation Administration and the Landlord 18.02. Landlord Improvements. The Landlord reserves the right to further develop or improve the landing area and all publicly owned aviation facilities of the Airport as it sees fit, without interference or hindrance from the Tenant. 18.03 Non-exclusive Right. It is agreed that nothing herein contained shall be construed to grant or to authorize the granting of an exclusive right prohibited by Section 308 of the Federal Aviation Act of 1958, as amended, and the Landlord reserves the right to grant to others the privilege and right of conducting any activity of an aeronautical nature. 18.04 Grant Assurances. This Lease shall be subordinate to the provisions of any outstanding or future agreement between Landlord and the United States government or the State of Iowa relative to the maintenance, operation, or development of the Iowa City Municipal Airport. Tenant acknowledges and agrees that the rights granted to Tenant in this Lease will not be exercised so as to interfere with or adversely affect the use, operation, maintenance or development of said Airport. 18.05 Right of Flight. Tenant acknowledges that the City of Iowa City, Iowa is authorized by law to own and operate the Iowa City Municipal Airprot located in Johnson County, Iowa near the Leased Premises. There is hereby reserved to Landlord, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the Leased Premises herein conveyed, together with the right to cause in said airspace such noise, vibrations, fumes, dust, and particles as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the airport. Tenant foregoes and waives any and all claims for damages, of whatever kind or type, which are reasonably likely to occur in the future as a result of aircaraft using the "navigable airspace", as defined by the Federal Aviation Act of 1958 (49 U.S.C. 40102(a)(30))and regulations promulgated thereunder over and above the Leased Premises, including but not limited to, damages resulting from noise, vibration, fumes, dust and particles. Tenant grants to the Landlord, its successors and assigns, a continuing right to keep the air space above the Airport Imaginary Surfaces as described in Federal Aviation Regulations Part 77 and depicted on the Airport Layout Plan (ALP) clear of any and all fences, crops, trees, poles, building or other obstructions of any kind or nature whatsoever which now extend, or which may any any time in the future extend, above said surfaces. Tenant grants the Landlord the right of ingress to, eggress from, and passage over the Leased Premises for the purpose of effecting and maintaining such clearance and of removing any and all obstructions which now or may hereafter extend above the Airport Imaginary Surfaces as described in Federal Aviation Regulations Pad 77 and depicted in the ALP. 20 18.06 Additional FAA Provisions. (a) The Tenant for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, Tenant shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. (b) The Tenant, for himself, his personal representative, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that the lessee, shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. (c) Landlord reserves the right further to develop or improve the landing area and all publicly-owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of Tenant, and without interferences or hindrance. (d) Landlord reserves the right to take any action it considers necessary to protect the serial approaches of the airport against obstructions, together with the right to prevent Tenant from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of Landlord would limit the usefulness of the airport or constitute a hazard to aircraft. (e) During time of war or national emergency Landlord shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly-owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. • (f) It is understood and agreed that the rights granted by this agreement will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport. (g) The Lease shall become subordinate to provisions of any existing or future agreement between the Lessor and the United States of America or any agency thereof relative to the operation, development, or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. 21 ARTICLE XIX OPTION TO PURCHASE 19.01 Grant of Option. In consideration of the sum of the rent paid by Tenant to Landlord, the City of Iowa City ("the City") hereby grants to Tenant the exclusive right and option to purchase property (the "Option Property") as legally described as follows: Lot 17, North Airport Development, Iowa City, Iowa, according to the plat thereof recorded with the Johnson County, Iowa, Recorder October 17, 2001, Plat Book 43, Page 182. Tenant shall exercise the Option to purchase the Option Property on or before November 1, 2036 by tendering a purchase agreement mutually satisfactory to the City and Tenant. If Tenant fails to do so, this Option Agreement shall terminate as of 12:01 a.m. on the day following the date set forth in the preceding sentence. The purchase shall close as set forth herein unless extended by agreement of the parties. The purchase price for the Option Property is set forth below, and the terms of the purchase shall be set forth in a purchase agreement upon the general terms set out below (the "Purchase Agreement"), or as otherwise agreed by the parties. 19.02 Purchase Price. (a) Purchase Price in 2011 and 2012. The Purchase Price shall be $230,000 if the Option Date is in 2011 or 2012. Beginning in 2013, the Purchase Price shall increase every calendar year based on the following formula and as illustrated in the following example. In no event shall the Purchase Price be less than $230,000. (b) Payment of the purchase price shall be in full at the time of closing in cash. (c) Definitions. For purposes of this Option provision, the following definitions shall apply: (1) the term "Consumer Price Index" or "CPI" shall mean the U.S. Bureau of Labor Statistics Consumer Price Indices for all Urban Consumers-U.S. City Average, seasonally adjusted(1982-84 equals 100). (2) the term "Current CPI" shall mean the annual average of Consumer Price Indices for the calendar year immediately preceding the Option Date. • (3) the term "Base CPI" shall mean the annual average of Consumer Price Indices for 2011, which is not available at the Lease Commencement Date. For purposes of identification, the U.S. Bureau of Labor Statistics Consumer Price Index for all Urban Consumers-U.S. City Average, seasonally adjusted (1982-84 equals 100), annual average for 2010 is 218.056. (4) the term "Option Date" shall mean date that Tenant provides the City with notice it intends to exercise its option. 22 (d) Formula: [(Current CPI — Base CPI) x $230,000] + $230,000 = sale price [Base CPI] (e) Example for sale with an Option Date in 2014. Assume that the Current CPI (annual average of CPIs for 2013) is 230.416 and the Base CPI (annual average of CPIs for 2011) is 225.114. Sale price would be $234.417 calculated as follows: [(230.416 —225.1141 x $230,000] + $230,000 = $234,417 [225.114] (e) No Recomputations. No subsequent adjustments or recomputations, retroactive or otherwise, shall be made to the Consumer Price Index due to any revision that may later be made to the first published figure of the Consumer Price Index for any month. (f) Change in Index. In the event that the Consumer Price Index ceases to use 1982-84=100 as the basis of calculation, the new CPI established by the U.S. Bureau of Labor Statistics Consumer Price Index for all Urban Consumers-U.S. City Average, seasonally adjusted with a different base year shall be used. 19.03 Notice of Exercise. Tenant may exercise this Option only by giving written notice to the City Attorney, 410 Washington Street, Iowa City, Iowa. 19.04 Failure to Exercise Option. If Tenant does not timely exercise this Option, or perform any term or condition of this Agreement, the Option shall terminate. 19.05 Exercise of Option. As Tenant exercises this Option, the City and Tenant shall enter into a written Purchase Agreement for the Option Property for closing and possession after the City provides Tenant with an abstract showing clear title in the City, but in no event later than one hundred eighty (180) days following notice of exercise of the Option or such additional time as the parties may agree to in writing. 19.06 Assignment. Tenant shall have no right to assign or convey rights under this Option. 19.07 Binding Effect. This Option contains the entire agreement between the Tenant and the City with respect to the transaction contemplated herein, and neither the City nor Tenant have relied on any representation except those expressed herein. The terms of this Option shall not be modified or amended except by written instrument by the City and the Tenant. Both the City and the Tenant have had the opportunity to participate in the drafting of this Option and any rule of law which construes any ambiguity in the terms of a written instrument against the drafter shall not be applied to interpretation or enforcement of this Option. IOWA CITY AIRPORT COMMISSION (as to Articles Ito XVIII) By: Minnetta Gardinier, Chairperson Date 23 ATTEST: Steve Crane, Secretary Date Approved By: City Attorney's Office AFFORDABLE AUTO, LLC Mohammed Albasri Date CITY OF IOWA CITY(as to Article XIX only) Matthew J. Hayek, Mayor Date Attest: Marian K. Karr, City Clerk Date Commission's Acknowledgement STATE OF IOWA SS: JOHNSON COUNTY ) On this day of , 2011, before me, , a Notary Public in and for the State of Iowa, personally appeared Minnetta Gardinier and Steve Crane, to me personally known, who, being by me duly sworn, did say that they are the Chair and Secretary, respectively, of the Iowa City Airport Commission and that the instrument was signed and sealed on behalf of the Commission and that Minnetta Gardinier and Steve Crane acknowledged the execution of the instrument to be their voluntary act and deed of the Commission, by it voluntarily executed. Notary Public in and for said County and State 24 Tenant's Acknowledgement STATE OF IOWA )ss: JOHNSON COUNTY This instrument was acknowledged before me on , 2011 by Mohammed Albasri as manager of Affordable Auto, LLC. Notary Public in and for the State of Iowa City's Acknowledgment • STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2011, before me, , a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek, Mayor 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, and that Matthew J. Hayek 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: Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. -asp RESOLUTION ACCEPTING THE WORK FOR THE "2011 AIRFIELD ASPHALT PAVEMENT REHABILITATION PROJECT" WHEREAS, the Iowa City Engineering Division has recommended that the work on the above referenced project by Hansen Asphalt be accepted as complete. WHEREAS, the final contract price is $45,768.50 for actual quantities installed. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: Said improvements are hereby accepted by the Iowa City Airport Commission. Passed and approved this i day of ov , 2011. CHAIRPER ON / Ap•roved by 446" oc) f l G Yr ATTEST . SECRETARY City Attorney's Office It was moved by '�.�-� and seconded byc.'' the Resolution be adopted, and upon roll call there were: Ayes Nays Absent 1 Assouline Crane —77 Gardinier -�� Horan Mascari • L go AT% ENGINEER'S REPORT CITY OF IOWA CITY 410 East Washington Street Iowa City,Iowa 52240-1826 (319) 356-5000 November 3, 2011 (319) 356-5009 FAX www.icgov.org Iowa City Airport Commission 1801 S. Riverside Drive Iowa City, Iowa Re: 2011 Airfield Pavement Rehabilitation Project Dear Members of the Iowa City Airport Commission: I hereby certify that the construction of the 2011 Airfield Pavement Rehabilitation Project has been completed by Hansen Asphalt of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Staff. The final contract price is $45,768.50 I recommend that the above-referenced improvements be accepted by the Iowa City Airport Commission. Sincerely, Dave Panos, PE. Senior Civil Engineer Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. P \\ — RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT FOR TAXIWAY PAVEMENT REPAIRS WHEREAS, the taxiway payment repair project proceeded under the competitive quotation process; WHEREAS, All American Concrete, Inc. of West Liberty Iowa has submitted the lowest responsible quotation of$40,770.00 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 All American Concrete, Inc. subject to the conditions: a. That awardee secures adequate performance and payment bond, insurance certificates, and contract compliance program statements. 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 upon instruction from legal counsel. Passed and approved this I 4--` day of I v 6�r' �`^� , 2011. Gr---e- --3--7:- . --- -- CHAIRPERSON Approved by / SY!) _"- .C2D t( —/ c ---ti ATTEST: : CRETARY City Attorney's Office It was moved by •1{.c-->C.�_:, and seconded by j (D-r-e--,--- the Resolution be adopted, and upon roll call there were: Ayes Nays Absent v' Assouline Crane Gardinier Horan Mascari Prepared by: Susan Dulek,Asst.City Attorney,410 E.Washington Street, Iowa City, IA 52240(319)356-5030 RESOLUTION NO. /9//-,,2 7 RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AN AMENDMENT TO THE LISTING AGREEMENT WITH ,SKOGMAN REALTY FOR AVIATION COMMERCE PARK TO EXTEND THE TERM. WHEREAS, the Iowa City Airport Commission, the City of Iowa City, and Skogman Realty have entered into a listing agreement ("Listing Agreement") to sell and lease the property known as the Aviation Commerce Park; WHEREAS, the Listing Agreement expires on December 31, 2011; and WHEREAS, it is in the best interest of the Commission to approve the Second Amendment to Listing Agreement to extend the term by one year. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: The Chairperson is authorized to sign the attached Second Amendment to Listing Agreement. 1r Passed and approved this ( 5 -� L day of ece "1 e v-, 2011. /71rTh CHAIRPERSON Approved by ATTEST: iir SECRETARY City Attorney's Office It was moved by C(/ , and seconded by 1+9r-G the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Assouline Crane Gardinier Horan / Mascari SECOND AMENDMENT TO LISTING AGREEMENT WHEREAS, on January 10, 2011, the City of Iowa City, Iowa City Airport Commission, and Skogman Realty entered into listing agreement ("Listing Agreement") to sell and lease the property known as the Aviation Commerce Park subdivision; WHEREAS, the parties amended the Listing Agreement to add a lease rate schedule on May 3, 2011; WHEREAS, the Listing Agreement expires on December 31, 2011 and the parties wish to extend the term by one year; 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 is amended by deleting it in its entirety and by substituting the following paragraph in lieu thereof: Term. The term of this Agreement and Agent's employment, right and authority shall be. from the date of execution through December 31, 2012. All other terms of the Listing Agreement, as amended, shall remain in full force and effect. OGMAN REALTY ta4Aal �� - Zvi (Edberg Date Aar THE IOWA CITY AIRPORT COMMISSION ,{e Minnetta V. Gardinier, Chairperson Date THE CITY OF IOWA CITY Marian K. Karr, City Clerk Mathew J. Hayek, Mayor CITY ACKNOWLEDGMENT STATE OF IOWA ss: JOHNSON COUNTY ) On this day of , 2011, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Mathew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Approved by City Attorneys Office Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. /9//— RESOLUTION SETTING A PUBLIC HEARING ON JANUARY 19, 2012 FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT,AND ESTIMATE ON COST FOR THE CONSTRUCTION OF "HANGAR L PHASE ONE" PROJECT, AND DIRECTING CITY CLERK TO PUBLISH NOTICES OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That a pubic hearing on the plans, specifications, form of contract,and estimate of cost for the construction of the above-mentioned project is to be held on the 19th day of January 2012 at 6:00pm in the Iowa City Airport Terminal Building, 1801 S.Riverside Drive, Iowa City,Iowa,or if said meeting is cancelled,at the next meeting of the Airport Commission thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less that four(4)nor more than twenty(20) days before said hearing. 3. That the copy of plans, specifications,form of contract,and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Chairperson in the office of the City Clerk fore public inspection Passed and approved this ( S~ =' day of L 2011. --- Approved By: HAIRPERSON ATTEST: Cs:tv ()• —l( SECRETARY City Attorney's Office ✓ Assouline _ Crane Gardinier ✓l Horan ✓ Mascari ( fcc / p 5 s J,lsiN/C-- Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. .// f RESOLUTION SETTING A PUBLIC HEARING ON JANUARY 19, 2012 FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT,AND ESTIMATE ON COST FOR THE CONSTRUCTION OF "TERMINAL BUILDING BRICK REHABILITATION" PROJECT, AND DIRECTING CITY CLERK TO PUBLISH NOTICES OF SAID HEARING, AND DIRECTING THE CHAIRPERSON TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That a pubic hearing on the plans,specifications,form of contract,and estimate of cost for the construction of the above-mentioned project is to be held on the 19th day of January 2012 at 6:00pm in the Iowa City Airport Terminal Building, 1801 S.Riverside Drive,Iowa City,Iowa, or if said meeting is cancelled,at the next meeting of the Airport Commission thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less that four(4)nor more than twenty(20) days before said hearing. 3. That the copy of plans, specifications,form of contract,and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Chairperson in the office of the City Clerk for public inspection • Passed and approved this ( C day of DC C_ 2011. Gyy` Gyj Approved By: CHAIRPERSON ATTEST: �� n ��"`at ( a'^9 '4( SECRETARY City Attorney's Office Assouline Crane Gardinier Horan Mascari Com= NS w Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO. //— RESOLUTION APPROVING TASK ORDER NO. 8 WITH AECOM FOR ENGINEERING DESIGN AND CONSTRUCTION SERVICES RELATING TO THE AIRPORT ELECTRICAL REHABILITATION WHEREAS, the Iowa City Airport Commission entered into a contract entitled "Professional Services Agreement" with Earth Tech, n/k/a AECOM, on December 11, 2008 to provide engineering services Federal Airport Improvement Program Projects; WHEREAS, Part I(A) of said agreement provides that the parties will enter into supplemental task orders for each project; WHEREAS, the Commission and AECOM have previously entered into Task Orders Nos. 1, 2, 3,4, 5, 6, and No. 7; WHEREAS, the Commission and AECOM now desire to enter into Task Order No. 8, a copy of which is attached. WHEREAS, it is in the best interest of the Commission to enter into Task Order No. 8. NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. The Chairperson is authorized and the Secretary to attest to Task Order No. 8 following advice of counsel. Passed and approved this /16— day ofiddef2011. 0,4216 � Approved By: CHAIRPERSON ATTEST: 6..„ `'� �.+ ( — tel. SECRETARY City Attorney's Office It was moved by 1-Vo�-- and seconded by A c S o,L`---- the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline Crane Gardinier ✓/ Horan Mascari AECOM AECOM 319 232 6531 tel /� 601 Sycamore Street 3192320271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com TASK ORDER NO. 8 AIRFIELD ELECTRICAL REHABILITATION IOWA CITY MUNICIPAL AIRPORT IOWA CITY, IOWA IDOT GRANT NO. 9I1201OW100 CONTRACT NO. 13167 Project Description -See attachment and incorporated herein. Scope of Services -See attachment and incorporated herein. Compensation A. Compensation for services for the design phase and construction phase shall be a cost plus fixed fee not-to-exceed Nineteen Thousand One Hundred Dollars ($19,100.00). See attachment and incorporated herein. General Conditions Except as specifically amended by this agreement, services shall be provided in accordance with the Consultant Services Agreement for the Iowa City Municipal Airport between AECOM Technical Services, Inc., and the Iowa City Airport Commission dated December 22, 2008. APPROVED APPROVED IOWA CITY AIRPORT COMMISSION AECOM TEC SERVICES, INC. BY 1311� vNi By V �G J �G Joe A. Becker l Date 5 i �/7 Date December 7, 2011 S. ti + • AIRFIELD ELECTRICAL REHABILITATION IDOT GRANT NUMBER 9112010W100 CONTRACT NUMBER 13167 IOWA CITY MUNICIPAL AIRPORT IOWA CITY, IOWA Project Description The project is described as the Airport Electrical Rehabilitation and is more specifically defined on the state application for funding at the Iowa City Municipal Airport, Iowa City, Iowa. The project involves the change of exterior building lighting to LED technology and re-wiring of the north t-hangars to install internal hangar electrical outlets. It is assumed that portions of the t-hangars are considered Hazardous Classified Locations and design work will be in accordance with the requirements of NFPA 70, National Electric Code, Article 513. It is also assumed that hangar electrical services are adequate for new additional loads and have space for additional circuits. This project will be funded through an Iowa Department of Transportation grant. II. General Project Scope The work to be performed by the Consultant shall encompass and include detailed work, services, materials, equipment and supplies necessary to prepare final plans, specifications, and construction cost estimates, and provide construction-phase services. It is anticipated that the work will be designed as two distinct construction elements, one for the exterior lighting and the other for the electrical outlet installation and wiring for the north t-hangars. Work shall be divided into the following tasks: A. Design Phase 1. Data Collection and Review—This task consists of the collection of existing data applicable to this project and related to the proposed work site. As part of this task, the following field investigations will be performed. a. Exterior Lighting -A field inventory of the existing exterior lighting systems will be completed. b. North T-Hangars — A field inventory of the existing electrical systems for each of the three(3) t-hangars will be completed. Existing base mapping will form the basis for the bidding documents. No additional topographic survey or property surveys are included in this task. 2. Design Documents — This task consists of the preparation of the final bid documents for this project. Plans and specifications will be prepared in ei compliance with current Iowa City Standards and Iowa DOT Standards. This task includes the preparation of the following: a. Title Sheet& Schedule of Drawings b. Legend, General Notes and Schedule of Quantities c. General Project Layout d. Exterior Building Lighting e. Electrical for Hangars A, B and C 3. Project Specifications - This task consists of the preparation of specifications for the project. The specifications will be in compliance with current Iowa City Standards and Iowa Department of Transportation requirements in effect at the time the specifications are prepared. 4. Estimate of Probable Construction Cost — This task consists of the preparation of an estimate of construction cost based upon the plans and specifications. This statement of probable construction cost prepared by the Consultant represents the Consultant's best judgment as a design professional at the time the estimate is drawn. 5. Quality Review - This task consists of the quality review of work elements on the project. During the course of this project, quality reviews will be conducted by senior technical personnel that are not directly involved in the project. 6. Bid Assistance — This task consists of assisting the Commission in preparing a competitive quote package, answering quote document questions from bidders, preparing and issuing any required addenda, analyzing the quotes received and preparing a recommendation to the Commission for award of contract. 7. Project Administration During Design - This task consists of office administration and coordination of the project. Interoffice meetings, general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. This task also includes preparation of up to twenty (20) sets of contract documents for distribution to Commission, IDOT, plan rooms, suppliers and potential bidders. B. Construction Phase 1. Shop Drawings and Submittals — This task consists of reviewing shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the Project and compliance with the information given in the contract documents. 2. Construction Assistance and Site Visits — This task consists of answering design interpretation questions from the Sponsor, Contractor, review staff and appropriate agencies. This task also includes includes field review by office staff at critical points as the construction progresses. 3. Pay Requests and Grant Administration —This task consists of the review and approval of contractor pay requests for work completed and coordination with the Iowa Department of Transportation for reimbursement of funds expended by the Iowa City Airport Commission related to this project. 4. Punch List — This task consists of conducting a review of the Project near completion and preparing a list of items (Punch List) to be completed or corrected. 5. Final Review — This task consists of performing a field observation of the completed Project before a final application for payment is processed for the Contractor. 6. Project Closeout — This task consists of assisting the Sponsor with Project completion and final closeout documentation from the Contractor for the Iowa Department of Transportation. 7. Record Drawings - This task consists of providing the Sponsor with a copy of Record Drawings of the construction plans for the Project based on the construction observation records of the review staff and Contractor showing those changes made during construction considered significant. A copy of the Record Drawings will be provided to the Sponsor. 8. Project Administration During Construction - This task consists of office administration and coordination of the Project during construction. Interoffice meetings, general coordination with the Commission and the contractor, day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. The anticipated level of effort for this Scope of services is defined by the following staff-hour estimate: L;\work\ADMIN\AGREE\PROF\ICTaskOrder8AirfieldElectricalRehab.doc Airfield Electrical Rehabilitation Iowa City Municipal Airport Iowa City, Iowa State Grant No.911201OW100 Contract No. 13167 Design&CRS Services Estimate of Hours Item Description Project Staff CADD Project No. Professional Professiona Operator Support Totals A Design Phase 1 Data Collection and Review 4 4 2 Preparation of Design Plans a Title Sheet&Schedule of Drawings 2 2 b Legend, General Notes and Schedule of Quantities 2 2 4 c General Project Layout 2 2 d Exterior Building Lighting 16 8 24 e Electrical for Hangars A,B&C 12 8 20 3 Project Specifications 4 16 8 28 4 Estimate of Probable Construction Cost 4 4 5 Quality Review 4 4 6 Bid Assistance 2 4 6 7 Project Administration During Design 2 4 6 B Construction Phase 1 Shop Drawings and Submittals 4 4 2 Construction Assistance and Site Visits 4 4 8 3 Pay Requests and Grant Administration 4 4 4 Punch List 4 4 5 Final Review 2 2 6 Project Closeout 2 4 6 7 Record Drawings 4 4 8 Project Administration During Construction 2 4 6 Total Engineering Services 20 80 26 16 142 • Y Airfield Electrical Rehabilitation Iowa City Municipal Airport Iowa City, Iowa State Grant No. 911201OW100 Contract No. 13167 Design & CRS Services Consultant Cost Summary Direct Labor Cost Category Hours Rate/Hour Amount Senior Professional 0 $84.00 $0.00 Project Professional 20 $69.50 $1,390.00 Staff Professional 80 $46.00 $3,680.00 CADD Operator 26 $26.50 $689.00 Project Support 16 $25.00 $400.00 $6,159.00 142 II. Payroll Burden and Overhead Provisional Costs 160.00% $9,854.40 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 400 0.510 204.00 Per Diem 0 32.00 0.00 Lodging 0 68.00 0.00 Copier 1000 0.06 60.00 Plan Copier 200 0.50 100.00 GPS 0 25.00 0.00 Geodimeter 0 12.50 0.00 Miscellaneous, Other 350.00 $714.00 IV. AECOM Estimated Actual Costs $16,727.40 Rounded $16,700.00 V. Subcontract Expense None $0.00 VI. Estimated Actual Costs $16,700.00 VII. Fixed Fee $2,400.00 VIII. Maximum Amount Payable $19,100.00 Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr. Iowa City, IA 52246(319)350 5045 RESOLUTION NO. t//—.3/ RESOLUTION APPROVING TASK ORDER NO. 9 WITH AECOM FOR ENGINEERING DESIGN SERVICES RELATING TO THE RUNWAY 7-25 PARALLEL TAXIWAY PAVING AND LIGHTING WHEREAS, the Iowa City Airport Commission entered into a contract entitled "Professional Services Agreement" with Earth Tech, n/k/a AECOM, on December 11, 2008 to provide engineering services Federal Airport Improvement Program Projects; WHEREAS, Part I(A) of said agreement provides that the parties will enter into supplemental task orders for each project; WHEREAS, the Commission and AECOM have previously entered into Task Orders Nos. 1, 2, 3,4, 5, 6, 7 and 8; WHEREAS, the Commission and AECOM now desire to enter into Task Order No. 9, a copy of which is attached. WHEREAS, it is in the best interest of the Commission to enter into Task Order No.9 NOW,THEREFORE,BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. The Chairperson is authorized and the Secretary to attest to Task Order No.?following advice of counsel. Passed and approved this day of Dec 2011. ,71-t- ieM� Approved By: CHAIRPERSOAk ATTEST: Cv— a� 1 of - t'/ SECRETARY City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline Crane Gardinier Horan Mascari d . • AECOM^OM AECOM 319 232 6531 tel /��` 501 Sycamore Street 319 232 0271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com TASK ORDER NO. 9 RUNWAY 7-25 PARALLEL TAXIWAY PAVING AND LIGHTING IOWA CITY MUNICIPAL AIRPORT IOWA CITY, IOWA FAA PROJECT NO. 3-19-0047-21 (Proposed) Project Description -See attachment and incorporated herein. Scope of Services -See attachment and incorporated herein. Compensation A. Compensation for services for the Design Phase shall be a lump sum fee of One Hundred Ninety Thousand Dollars ($190,000.00). General Conditions Except as specifically amended by this agreement, services shall be provided in accordance with the Consultant Services Agreement for the Iowa City Municipal Airport between AECOM Technical Services, Inc., and the Iowa City Airport Commission dated December 22, 2008. APPROVED APPROVED IOWA CITY AIRPORT COMMISSION AECOM TECH t CAL SERVICES, INC. By By if • Joe A. Becker Date /rig-- _ 20// Date December 8, 2011 L•\work' DMINWGREEIPROFIICTaskOrder9Runway7-25.doc ATTACHMENT FOR CONSTRUCT PARALLEL TAXIWAY PAVING AND LIGHTING IOWA CITY MUNICIPAL AIRPORT IOWA CITY, IOWA FAA POTENTIAL AIP 3-19-0047-21 Project Description The project is described as the paving and lighting associated with a parallel taxiway to Runway 7-25 at the Iowa City Municipal Airport, Iowa City, Iowa. The project includes the paving and lighting of the parallel taxiway to Runway 7-25. The project includes approximately 24,000 square yards of pavement, 16,000 cubic yards of on-site grading and a medium intensity taxiway lighting system, including lighted airfield guidance signs along the taxiway. Based on the previously completed pavement projects for both runways, it is anticipated that the new taxiway construction will be with Portland cement concrete pavement. The work involved in the project will also include reconstruction of the connecting taxiway system leading the Runway 25 end, removal of the hammer head hold apron on the west end of the project, storm sewer system within the runway safety areas, relocation of the airfield lighting equipment to the old airport lighting vault and rehabilitation of the section of Willow Creek immediately adjacent to the parallel taxiway. The drainage ditch on the west end of Runway 7-25 has shown signs of erosion, and alternatives for repair will be evaluated and included in this project. The drainage ditch was constructed as part of the grading project for the runway extension. II. General Project Scope The work to be performed by the Consultant shall encompass and include detailed work, services, materials, equipment and supplies necessary to provide preliminary design, develop final plans, develop specifications, provide construction cost estimates and provide bidding services. Construction-phase services will be determined after the project has been bid and prior to issuance to a federal grant. Work shall be divided into the following tasks: A. Design Phase 1. Design Conference - This task consists of a pre-design conference called by the Iowa City Airport Commission (hereinafter referred to as Commission) and held between the Commission, the Consultant, the FAA and any other participating or regulatory governmental agency. The purpose of this conference is to define project requirements, finances, schedules, phasing and other pertinent data that affects the scope of work, design standards, presentation of preliminary and final plans, and documents. The requirements set forth in this design conference, including design schedule, will be confirmed in writing by the Consultant to the Commission, with copies to each participating unit of government. 2. Data Collection and Review — This task consists of the collection of existing data applicable to this project and related to the proposed work site. The Airport a • r • Page 2 Master Plan, record drawings of completed projects, existing hydraulic or hydrologic studies, previous soil borings and soil data, and utility information will be compiled as background information for the project. 3. Subsurface Investigation — This task consists of review of previous geotechnical investigations completed along the taxiway alignments and incorporation of geotechnical recommendations in the design documents. No • additional geotechnical borings are anticipated for this project. 4. Electrical Vault Evaluation - This task consists of relocation of the airfield lighting equipment from the existing terminal building electrical room to the old airfield electrical vault located north of the terminal building. The electrical room does not have adequate space for the additional airfield lighting equipment associated with the parallel taxiway. The evaluation will review the old airfield lighting vault and determine modifications necessary to meet the requirements of the National Electrical Code while maintaining electrical elements that currently use electrical panels in the old airfield lighting vault. 5. Field Survey — This task consists of a field survey to collect topographic, horizontal and vertical data to assist in the preparation of the plans for the project. Field data will be collected for the runways, taxiway safety area and the existing storm sewer system. Property surveys are not included in this task. 6. Base Mapping — This task consists of the preparation of a topographic map including features, elevations, utilities and contours of the project site. This map will be prepared from the field survey and record documents of completed projects. 7. Pavement Design — This task consists of the determination of the design aircraft, recommendations for the taxiway pavement design and preparation of the final pavement design forms for the project. 8. Preparation of Design Plans—This task consists of the preparation of the final design plans for this project. The final plans will set forth in detail the requirements of the preliminary design phase, together with the common practice of design and ethical practice of professional engineers. Plans will be prepared in compliance with current Central Region Federal Aviation Administration requirements in effect at the time the plans are prepared. This task includes the preparation of the following: (1) Title Sheet (2) Legend and General Notes (3) Schedule of Drawings (4) Schedule of Quantities (5) General Project Layout (6) Safety and Sequencing Plans (7) Existing Conditions (8) Typical Sections (9) Survey Control (10) Pollution Prevention Plan Is- Page 3 (11) Removal Plans (12) Geometric Layout (13) Taxiway Plan and Profile (14) Grading and Drainage Plans (15) Storm Sewer Profiles (16) Storm Sewer Details (17) Subdrain Plan (18) Subdrain Details (19) Pavement Jointing Plans (20) Pavement Jointing Details (21) Supplemental Elevations (22) Taxiway Marking Plans (23) Taxiway Marking Details (24) Willow Creek Drainage Improvements (25) Runway Approach Area Drainage Improvements (26) Erosion Control Plans (27) Erosion Control Details (28) Taxiway Lighting Plans (29) Taxiway Lighting Details (30) Taxiway Lighting Schedule (31) Taxiway Signage Details (32) Airfield Lighting Vault Layout (33) Airfield Lighting Vault One-Line Diagrams (34) Airfield Lighting Vault Panel Schedules (35) Airfield Lighting Vault HVAC Plans (36) Airfield Lighting Vault Details (37) Cross Sections 9. Final Project Specifications - This task consists of the preparation of specifications for the project. The specifications will be in compliance with current Central Region Federal Aviation Administration and Iowa Department of Transportation requirements in effect at the time the specifications are prepared. 10. Estimate of Probable Construction Cost — This task consists of the preparation of a detailed estimate of construction cost based upon the detailed plans and specifications. This statement of probable construction cost prepared by the Consultant represents the Consultant's best judgment as a design professional at the time the estimate is drawn. It is recognized, however, that neither the Consultant nor the Commission has any control over the cost of labor, materials or equipment; over the contractor's method of determining bid prices; or over competitive bidding or market conditions. Accordingly, the Consultant cannot and does not guarantee that bids will not vary from any statement of Probable Construction Cost or other cost estimates prepared by the Consultant. 11. Engineering Report — This task consists of the preparation of an engineering report that relates to the Commission and participating governmental agencies, the fundamental considerations and concepts used in design of the project. Deviation in design and construction standards will be included in the engineering report. 1 • Page 4 12. Permitting — This task consists of the preparation of documents for permitting and the coordination to obtain permits for construction from the Iowa DNR. 13. Quality Review-This task consists of the quality review of work elements on the project. During the course of this project, quality reviews will be conducted by senior technical personnel that are not directly involved in the project. 14. Conferences and Meetings -This task consists of conferences and meetings, in addition to the design conference and the stakeholder meetings that will be attended by the Consultant for the purpose of coordination, information exchange and general understanding of the status and direction of the project. 15. DBE Program - This task consists of assisting the Sponsor in preparation of an update to DBE program for this project. 16. Grant Application -This task consists of assisting the Sponsor in preparation of grant application. 17. Bid Assistance —This task consists of assisting the Commission in advertising for and receiving bids, analyzing the bids received and preparing a recommendation to the Commission for award of contract. 18. Pre-Bid Conference —This task consists of attending and conducting a pre-bid conference at the project site for prospective bidders. 19. Bid Document Interpretation — This task consists of answering bid document interpretation questions from bidders, preparing and issuing any required addenda. 20. Project Administration - This task consists of office administration and coordination of the project. Interoffice meetings, general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. Prepare up to 40 sets of contract documents for distribution to Commission, FAA, plan rooms, suppliers and potential bidders. This task also includes providing one electronic copy of the plans and specifications that can be viewed in and printed from Adobe Acrobat. L:\workW DMINWGREE\PROFUC Air TO9 Attachment.docx Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. //— 3.2 RESOLUTION ACCEPTING THE WORK FOR THE "TAXIWAY CONCRETE PAVEMENT REPAIR PROJECT" WHEREAS, the engineering consultant AECOM has recommended that the work on the above referenced project by All American Concrete, Inc., be accepted as complete. WHEREAS, the final contract price is $49,704.10, for actual quantities installed. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION THAT: Said improvements are hereby accepted by the Iowa City Airport Commission. Passed and approved this dayof 2011. pp �� � , CHAIRPERSON Approved b ATTEST: ./Ine- SECRETARY City Attorney's Office It was moved by ' Cr and seconded by ,-`ti `-k the Resolution be adopted, and upon roll call there were: Ayes Nays Absent ✓ Assouline Crane ✓ Gardinier Horan Mascari Julie Voparil From: Sue Dulek Sent: Thursday, July 11, 201 • : PM To: Julie Voparil Subject: RE: Airport resolu ion#A11-33 It's in the interoffice mail. wa S h bk-- Susan Dulek Assistant City Attorney 410 East Washington Street Iowa City, IA 52240 319-356-5030 319-356-5008 Fax sue-dulek@iowa-city.org Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet,the City Attorney's Office cannot assure that such messages are secure.You should be careful in transmitting information to the City Attorney's Office that you consider confidential.If you are uncomfortable with such risks,you may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication,the City Attorney's Office will assume you assent to such communication.This message is covered by the Electronic Communication Privacy Act, 18 U.S.C.Sections 2510-2515,is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege. It should not be forwarded to anyone else without consultation with the originating attorney.If you received this message and are not the addressee,you have received this message in error.Please notify the person sending the message and destroy your copy. Thank you. From: Julie Voparil Sent: Thursday, July 11, 2013 3:13 PM To: Michael Tharp Cc: Sue Dulek Subject: RE: Airport resolution #A11-33 OK. Thank you for checking. Sue, could I still get a copy of the agreement. (I'd like to have something in our file.) Julie Voparil Deputy City Clerk City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (319) 356-5040 From: Michael Tharp Sent: Thursday, July 11, 2013 3:10 PM To: Julie Voparil; Sue Dulek Subject: RE: Airport resolution #A11-33 Julie, I was unable to find the resolution. Looking at the reso number and the agreement, this was a short 3 month extension of a contract that was made to align dates. So the agreement itself is now expired. 1 Prepared by: Michael Tharp,Operations Specialist,1801 5.Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE SECRETARY TO ATTEST A CONTRACT AMENDMENT FOR AIRPORT MAINTENANCE. WHEREAS, the Iowa City Airport Commission has previously entered into a contract with Jet Air, Inc. to provide for snow removal, grass cutting, and general maintenance services at the Airport; and WHEREAS, both parties have agreed to extend the contract length. NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY AIRPORT COMMISSION, THAT: 1. The Chairperson is hereby authorized to sign and the Secretary to attest to the attached amendment. Passed and approved this day of , 2011. CHAIRPERSON Approved by ATTEST: SECRETARY City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Assouline Crane Gardinier Horan Mascari Contract Amendment#2 AIRPORT MAINTENANCE AGREEMENT Whereas, Jet Air, Inc. and the Iowa City Airport Commission previously entered into an Airport Maintenance Agreement on January 21, 2010 for snow removal, grass cutting, and general maintenance services at the Airport; Whereas, the parties amended the Airport Maintenance Agreement on December 16, 2010 to extend the term to December 31, 2011; and Whereas, both parties wish to amend the contract by extending the term of said agreement by 4 months, with the intention of executing a longer term, more detailed agreement at its expiration. IT IS THEREFORE AGREED that Paragraph 1 of the Airport Maintenance Agreement is deleted in its entirety and the following new Paragraph 1 is substituted in lieu thereof: 1. Term. The term of this Agreement shall be from January 1, 2010 until April 31, 2012. All other terms and provisions of the Airport Maintenance Agreement, as amended, remain in full force and effect IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures to this day of , 2011. lowa City Airport Commission Jet Air, Inc. By: By: Minnetta Gardinier, Chairperson Date: Date: Approved by: 18 �_rr City Attorney's Office