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 � :. . N � �� . .
t a x x a ity IA 9,2 a _ 0 40 80 160
r ? - � P- '�3 r3 : nn"-93S9uare Ft;ei' y r t# -� e�.1r" ,i; .o-;€ $, I I I Feet I
•
liat'''. g a iw ws Q y . xy I »g K i 1 i:; ��aj
vi,.LE rfCtK aS x i qs, -.,y{ 'XI ç
7d� •f .i om.rv.rr:.cw.wm.mmrvw........ry..,.no.w....m.wr..,
.. h k a x q '. )~ ' •
Iar.n.M.a,mvea.o ban em 5
a° M c x4{•"r r '1'" > n• -
' t 7 ,4+r ,v '.61 ' ?�'` ° r t rt,$'"` ' v'v9 Real Estate
r . 1 w nG I cserso ues
s' ° zw ,, v 7 ' Y+M b ,a a n.aao.a.n
• ,.r'Mx�L A' IR\ >C' �,±x �..1n ■.r» ' '' feervary fO lo�� ' Q'! }
}i, v �:5" x �G t. r,� �t ill! °t ?' i � -„,,i.,'; i
✓^ § xo-P ¢gr ss # ? r .ii‘i. US Army Corps
trict
' x f r- L1 , of Engineers
t }- Vr. ':tE i Oma.".a 45•••,
T..4 •
•
u'' o- finis' :d , � " • c�wo,xso.�Vo.a.vowa cnu,wm
I. t W.4-'y ^""t5a-5 . `'§ir.. ii a v n,uon t..a.o+cn<ss n ouo.um.a
•
• •
� #k w T' �rz'e f' ‘11:4'.!:;";1C ; n �'s. a 7 • +L pa i t�`; EXHIBIT "ATTACHED TO AND
• r
, ,`�.' `G't' " ""° ^.+..,.wr�. +'.'x1.'> {..,_ .,.. ..y,�,w;� .' 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