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HomeMy WebLinkAbout2018 Airport Commission Resolutions RESOLUTIONS -- 2018 RES. NO. SUBJECT DATE A18-01 Resolution accepting bids and awarding contract for 2/15/18 the North T Hangar Restroom construction A18-02 Resolution setting a public informational meeting on 2/21/18 April 2, 2018 for proposed Improvements to the Iowa City Municipal Airport, Iowa City, Iowa A18-03 Resolution authorizing the chairperson to sign a 3/15/18 consultant agreement for Airport Viewing Area Improvements A18-04 Resolution authorizing the chairperson to sign a 3/15/18 contract for airport grounds keeping, maintenance, and snow removal services A18-05 Resolution authorizing the chairperson to sign a 3/15/18 contract for airport janitorial services A18-06 Resolution accepting bids and awarding contract for 5/2/18 the Airport Viewing Area improvements A18-07 Resolution authorizing Chairperson to accept Iowa 9/26/18 Department of Transportation grant A18-08 Resolution accepting the work for the North T-Hangar 10/18/18 Restroom Project A18-09 Resolution giving notice of intent to execute a ground 10/18/18 lease with Westside Automotive, LLC. for ground located at Highway 1 W, Iowa City, Iowa 52246 A18-10 Resolution authorizing the chairperson to sign a 10/18/18 consultant agreement for Airport Zoning Code Update A18-11 Resolution approving project Task Order No. 8 with 11/15/18 AECOM for engineering design and construction related services for rehabilitation of terminal apron and adjoining taxiway A18-12 Resolution accepting the work for the Airport Viewing 11/15/18 Area A18-13 Resolution authorizing the Chairperson to execute and 11/15/18 the Secretary to attest to a ground lease with Dreusicke Properties, LLC. for ground located at Highway 1 W, Iowa City, Iowa 52246 Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr, Iowa City IA 52246 319-350-5045 Resolution number: A II 6 t Resolution accepting bids and awarding contract for the North T Hangar Restroom construction. Whereas, Lynch's Plumbing, Inc. of West Branch, Iowa, has submitted the lowest responsive bid of $47,090.00 base bid and $59,690.00 including the bid alternates 1 and 2 for construction of the above-named project. Now, therefore, be it resolved by the Iowa City Airport Commission: 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 Lynch's Plumbing, Inc. of West Branch, Iowa. subject to the conditions: a. That awardee secures adequate performance and payment bond, insurance certificates, and contract compliance program statements. b. Bid Alternates 1 and 2 are included in the award. 3. The Chairperson is hereby authorized to sign and the Secretary to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements upon instruction from legal counsel. ((,,,� Passed and approved this l S day of �,PjJ/"Cic.G r , 2018. / Appr ed by: airperson ‘-A1:7 Attest: !Secretary City Attorney's Office It was moved by 0 l`e--'-• and seconded by 4.,-d„'-‘. ¢_/ the Resolution be adopted, and lorfoon roll call there were: Ayes Nays Absent //: Gardinier Lawrence VLibby l/ _ .�Odgaard Ogren Prepared by: Michael Tharp,Operations Specialist,1801 S.Riverside Dr.Iowa City,IA 52246(319)350 5045 RESOLUTION NO._A /g' Resolution setting a public informational meeting on April 2, 2018 for proposed improvements to the Iowa City Municipal Airport,Iowa City,Iowa Be it resolved by the Airport Commission of the City of Iowa City: 1. That the Iowa City Airport Commission intends to undertake several actions to improve the Iowa City Municipal Airport;and 2. The Iowa City Airport Commission has completed a draft environmental assessment; and 3. The Iowa City Airport Commission is providing notice of a public informational meeting where we will address the proposed actions'potential economic,social,and environmental impacts. In addition,we will address the project's consistency with the goals and objectives of the affected area's land use or planning strategy;and 4. The Public Informational meetings will be held on Monday,April 2,2018 from 11:30 am to 1:30 pm,and 4:30 pm to 6:30 pm,at the Iowa City Municipal Airport, 1801 S. Riverside Drive,Iowa City. Passed and approved this 2 I day of Feer t..t x,,,t 2018. Appro ed By: HARP 'S KITES . SEC' • •Y , — City Attorney's Office Gardinier Lawrence ✓ Libby _ Odgaard -- !� Ogren Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. A18-03 Resolution authorizing the chairperson to sign a consultant agreement for Airport Viewing Area improvements. WHEREAS, the Iowa City Airport Commission desires to enter into a contract with Snyder & Associates, Inc.. to provide for design, bid, and construction services for the Viewing Area Improvement project at the Airport: WHEREAS, both parties have agreed to the contract terms; Now, therefore, be it resolved by the Iowa City Airport Commission: 1. The Chairperson is hereby authorized to sign, and the Secretary to attest, the attached agreement. �/�+ Passed and approved this (-C day of J- \-ar _, 2018. HAIRPE SO / Xved by ATTEST. -CRETARY City Attorney's Office It was moved by la ,c.c. _ and seconded by OS the Resolution be adopted, and upon roll call there were: J Ayes Nays Absent V Gardinier ./ Lawrence ✓ Libby ✓ _Odgaard ✓ Ogren Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. A 18-04 Resolution authorizing the chairperson to sign a contract for airport grounds keeping, maintenance, and snow removal services. WHEREAS, the Iowa City Airport Commission desires to enter into a contract with Jet Air, Inc. to provide for grounds keeping, maintenance, and snow removal services at the Iowa City Municipal Airport; WHEREAS, both parties have agreed to the contract terms; Now, therefore, be it resolved by the Iowa City Airport Commission: 1. The Chairperson is hereby authorized to sign and the Secretary to attest to the attached amendment. Passed and approved this i T day of tka l U , 2018. HAIRPERSO Ap ved by ATTEST: ETARY City Attorney's Office It was moved by �•� ^C^� and seconded by Oc r,, the Resolution be adopted, and upon roll call there were: Ayes Nays Absent t/ Gardinier Lawrence / Libby ✓ Odgaard _ Ogren Prepared by: Michael Tharp,Operations Specialist. 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 RESOLUTION NO. if ig-05 Resolution authorizing the chairperson to sign a contract for airport janitorial services. WHEREAS, the Iowa City Airport Commission desires to enter into a contract with Jet Air, Inc. to provide for janitorial services at the Airport; WHEREAS, both parties have agreed to the contract terms; Now, therefore, be it resolved by the Iowa City Airport Commission: 1. The Chairperson is hereby authorized to sign and the Secretary to attest to the attached amendment. Passed and approved this 1)_ day of /.1‘..,64 /-7/ , 2018. Ale CHAIRPERSI N Appr ed by ATTE : ECRETARY City Attorney's Office It was moved by (.9c and seconded by 6-12(1\'`-•\t—v-- the Resolution be adopted, and upon rolAcall there were: Ayes Nays Absent Gardinier Lawrence Libby ‘/Odgaard Ogren Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 Resolution number: 1" 1 -46' Resolution accepting bids and awarding contract for the Airport Viewing Area improvements. Whereas, Calacci Construction Company, Inc. of Iowa City, Iowa. has submitted the lowest responsive bid of$64;66-00 base bid and $47980-including the bid alternates 1. CSS,OO si C00.- Now, o.Now, therefore, be it resolved by the Iowa City Airport Commission: 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 Calacci Construction Company, Inc. of Iowa City, Iowa. subject to the conditions: a. That awardee secures adequate performance and payment bond, insurance certificates, and contract compliance program statements. b. Bid Alternate 1 is included in the award_ 3. The Chairperson is hereby authorized to sign and the Secretary to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements upon instruction from legal counsel. Passed a proved this 2N0 day of (r t'1 , 2018. Nci- Appr ed by: +) C1 airperson _� Attest: // 9 �9 / D vr+s ry City Attorney's Office It was moved by Ot./-4,(-+,..t-r- and seconded by (.- ,�- the Resolution be adopted upon roll call there were: Ayes Nays Absent ./ , Gardinier t, Lawrence v Libby -' Odgaard r Ogren Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 Resolution number 0 '07 Resolution authorizing Chairperson to accept Iowa Department of Transportation grant. Whereas, the Iowa City Airport Commission has previously applied for a grant from the Iowa Department of Transportation Office of Aviation for work associated with the terminal apron and taxiway reconstruction; and Whereas, the Iowa Transportation Commission has approved the FY19 Aviation Program which contains the project; and Whereas, it is in the best interest of the Iowa City Airport Commission to accept this grant. Now, Therefore, be it resolved by the Airport Commission of the City of Iowa City: 1. Upon advice of counsel, the Chairperson is authorized sign and the Secretary to attest to acceptance of the grant. Passed and approved this 7 (rj 1 day of S CV,111 €2018. tel/ Approved By: airperson (� Attest T S Secrary City Attorney's Office It was moved by L.P.v 1'G,1L.L_ and seconded by LA 41, 4C.- the Resolution be adopted, and upon roll call there were: Ayes Nays Absent // Gardinier Lawrence (Libby LaBrie Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 Resolution number /1' i -/ Resolution accepting the work for the North T-Hangar Restroom Project Whereas, the Commission's consultant for the North T-hangar Restroom Project, AECOM, has reported that the work associated with this project has been completed by Lynch's Plumbing, Inc., and has recommended that we accept the work as complete; and Whereas, the final contract price is $59,690.00, which is established from the original contract cost of$59,690.00. Now, therefore, be it resolved by the Iowa City Airport Commission: 1. Said improvements are hereby accepted by the Iowa City Airport Commission. Passed and approved this / day of OLP-0,e-c— , 2018. C ai rson Ap ed by Attest: _ - Secretary City Attorney's Office It was moved by a/t"w and seconded by &04 r1 ,e l the Resolution be adopted, and upon roll call there were: Ayes Nays Absent L Gardinier iv` LaBrie ° Lawrence V Libby ✓" 0,140n Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 Resolution number Ai Resolution giving notice of intent to execute a ground lease with Westside Automotive, LLC. for ground located at Highway 1 W, Iowa City, Iowa 52246. Whereas, the Commission owns ground at Highway 1 W, Iowa City, Iowa 52246; and Whereas, the Commission has negotiated a ground lease with Westside Automotive, LLC for the use of this ground with a 5-year term, and a tenant option for an additional 5 years with a CPI rate escalation; and Whereas, a lease of this period of time requires the holding of a public hearing. Now, Therefore, be it resolved by the Iowa City Airport Commission: 1. The Airport Commission of the City of Iowa City does hereby declare its intent to enter into the above referenced lease agreement; 2. A public hearing on said proposal should be and is hereby set for November 15, 2018 at 6:00 pm in the Iowa City Municipal Airport Terminal Building, 1801 S. Riverside Drive, Iowa City, Iowa or if said meeting is cancelled, at the next meeting of the Airport Commission thereafter as posted by the City Clerk; 3. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-referenced lease in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20)days before said hearing; 4. That a copy of said lease agreement is hereby ordered to be placed on file by the Chairperson in the office of the City Clerk for public inspection; Passed and approved this k day of 04- , 2018. airperson Approved by • �- D Attest: E'f9-% / (1.;;//- TT t� Secretary City Attorney's Office It was moved by A PA and seconded by Z-Gt am/ -' - -the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Bishop Gardinier LaBrie /Lawrence Libby Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Or, Iowa City IA 52246 319-350-5045 Resolution number /' l 71-71) Resolution authorizing the chairperson to sign a consultant agreement for Airport Zoning Code Update. Whereas, the Iowa City Airport Commission desires to enter into a contract with Short Elliot Hendrickson Inc., to provide for services as they relate to a review and update to the Airport Zoning Code; Now, Therefore, be it resolved by the Iowa City Airport Commission: 1. The Chairperson is hereby authorized to sign a contract for services. 6 Passed and approved this ' day of A.1-1e..i1" , 2018. ,) - .erson Ap ed by ft st: l Secretary City Attorney's Office It was moved by (G/1'CA C c_ and seconded by La 6P,L the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Gardinier tf LaBrie —�� Lawrence Libby Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr, Iowa City IA 52246 319-350-5045 Resolution number Pit1-'-I. Resolution approving project Task Order No. 8 with AECOM for engineering design and construction related services for rehabilitation of terminal apron and adjoining taxiway Whereas, the Iowa City Airport Commission entered into a contract entitled "Consultant Services Agreement" with AECOM on May 15, 2014 to provide engineering services for Federal Airport Improvement Program Projects; and Whereas, Part 1(A) of said agreement provides that the parties will enter into supplemental agreements for each project; and Whereas, the Commission and AECOM have previously entered into Project Task Orders Nos. 1, 2, 3, 4, 5, 6and 7; and Whereas, the Commission and AECOM now desire to enter into Project Task Order No. 8, a copy of which is attached; and Whereas, it is in the best interest of the Commission to enter into Project Task Order No. 8. Now, Therefore, be it resolved by the Airport Commission of the City of Iowa City: 1. The Chairperson is authorized to sign Project Task Order No. 8. Passed and approved this l day of A)Dl _e./— , 2018. hairperson Ap ed by Atte ---- �(/ Kj Secretary City Attorney's Office A)110p It was moved by (At<J/`G414..GC- and seconded by the Resolution be adopted, and upon roll call there were: Ayes Nays Absent !1 ` Bishop 1/ Gardinier !� La Brie c, Lawrence t/ Libby Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 Resolution number / IT-- 1 Resolution accepting the work for the Airport Viewing Area Whereas, the Engineering staff for the Airport Viewing Area has reported that the work associated with this project has been completed by Calacci Construction Co. Inc. of Iowa City, Iowa, and has recommended that the work be accepted as complete; and Whereas, the final contract price is $74,600.00, which is established from the original contract cost of$74,000.00 and change order No. 1 for $600.00. Now, therefore, be it resolved by the Iowa City Airport Commission: 1. Said improvements are hereby accepted by the Iowa City Airport Commission. Passed and approved this day of 12 E ✓L , 2018. a4,1 hairperson Appr, -d by 1�� 1 Secretary City Attorney's Office It was moved by LG Ure and seconded by Z.-/-1-4,-) the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Bishop Gardinier I/ LaBrie V Lawrence Libby Prepared by: Michael Tharp,Operations Specialist, 1801 S.Riverside Dr, Iowa City IA 52246 319-350-5045 Resolution number A18-13 Resolution authorizing the Chairperson to execute and the Secretary to attest to a ground lease with Dreusicke Properties, LLC. for ground located at Highway 1 W, Iowa City, Iowa 52246. Whereas, the Commission owns ground at Highway 1 W, Iowa City, Iowa 52246; and Whereas, the Commission has negotiated a ground lease with Dreusicke Properties, LLC for the use of this ground with a 5-year term, and a tenant option for an additional 5 years with a CPI rate escalation; and Whereas, the Commission finds the proposed lease to be proper and in the best interest of the Iowa City Municipal Airport, and should be approved. Now, Therefore, be it resolved by the Iowa City Airport Commission: 1. That the proposed ground lease, attached hereto, is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to the land lease between the Airport Commission and Dreusicke Properties, LLC. It was moved by 1.-47‘-' and seconded by est dr,L _the Resolution be adopted, and upon roll call there were: Ayes Nays Absent Bishop Gardinier LaBrie ✓� Lawrence Libby Passed and approved this � day of Nc /e#,— r. , 2018. hairperson Ap by Attes ecretary City Attorney's Office Iowa City Municipal Airport Lease .uo icv- wz.. This Ground/Hangar Lease("Lease") is made as of19'I+day of 2018,by and between the Iowa City Airport Commission,having a principal business at 1801 S. Riverside Drive, Iowa City, IA 52240 ("Landlord")and Dreusicke Properties, LLC("Tenant") RECITALS A. The City of Iowa City is the owher of fee title to premises situated in the City of Iowa City,State of Iowa, identified as Auditor's parcel 2005175 on Plat of Survey recorded in Book 50, Page 195,Plat Records of Johnson County, Iowa. Landlord has the authority to lease said ground. B. Tenant is Dreusicke Properties, LLC. C. The parties desire to enter into a ground lease pursuant to which Landlord will lease the aforementioned parcel as more fully described on Exhibit A(the"Leased Premises")for the purposes of maintaining a business sign and parking motor vehicles on improved surfaces. D. Tenant has indicated a willingness and ability to properly keep and maintain said 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: ARTICLE I GRANT 1.01 Grant. Landlord hereby leases to tenant the Leased Premises in accordance with the terms and conditions hereinafter set forth herein. ARTICLE II CONDITION 2.01 Condition of Lease Premises. Tenant is taking possession of the Leased Premises in an"as-is" condition as of the execution and delivery of this Lease. Landlord shall have no obligation to perform any improvements, alterations,additions, repairs or replacements thereto except those specifically defined in this lease. ARTICLE III TERM 3.01 Initial Term. The term of this lease shall commence on November 16th,2018 (the "Lease Commencement Date")and shall continue thereafter until November 30`h, 2023(the"Term") unless sooner terminated as provided herein. 3.02 Options to renew. Tenant shall have the option to renew for one (1) additional five (5)year term, running from December 1,2023 through November 30th, 2028, if written notification is given to Landlord no later than September 1,2023. ARTICLE IV RENT AND UTILITIES 4.01 Annual Base Rent. Commencing on December 1st,2018 and continuing on the first day of each succeeding month,Tenant shall pay to Landlord,at the address specified in section 7.05,or at such other place as Landlord may from time to time hereinafter designate to Tenant in writing,annual rent ("Annual Base Rent")as follows: Base Rent: $600.00 per month. For the period of November 16—November 30,2018,$300 shall be due, payable by November 30`h,2018. Beginning with the renewal option period, Base Rent shall be computed as follows: Base Rent+ CPI escalator as further defined. a. Definitions. For the purposes of this provision,the following definitions shall apply: 1.The term "Consumer Price Index"or"CPI" shall mean the US. Bureau of Labor Statistics Consumer Price Index for all Urban Consumers—U.S.City Average,seasonally adjusted. (1982- 1984=100). 2.The term"Current CPI" shall mean the annual average of Consumer Price Indices for the calendar year immediately preceding the change date. 3.The term "Base CPI"shall mean the annual average of Consumer Price Indices for the calendar year immediately preceding the year for which the Current CPI is determined. 4.The term "Change Date"Shall mean September 1n,2023. b.Adjustment. Effective on December 15t,2023,the Monthly Base Rent hereunder shall escalate based on the following formula and illustrated by the following example: 1. Formula. Current CPI X Rent= Escalated Rent Base CPI 2. Example:Assume the monthly base rent is$1,632.Assume the Current CPI (annual average CPI for 2011) is 225.114 and that the Base CPI (annual average CPI for 2012) is 228.537. Monthly base rent beginning February 1,2013 would be$1,656.82 228.537 x 1632=$1656.82 225.114 c. No recomputations. No subsequent adjustments or recomputations, retroactive or otherwise shall be made to the Consumer Price Index due to any revision that may later be made to the first published figure of the Consumer Price Index for any month. d. No Rent decrease. In no event shall the Annual Base Rent for a given rental period be less than the Annual Base Rent for the immediately preceding year. e. No Waiver.Any delay or failure of Landlord in computing or billing Tenant for the escalation of Annual Base Rent as provided herein shall not constitute a waiver of or in any way impair the continuing obligation of Tenant to pay such escalation of Monthly Base Rent. f.Change in Index. In the event that the Consumer Price Index ceases to use 1982-1984=100 as the basis of calculation,the new CPI established by the U.S. Bureau of Labor Statistics Consumer Price Index for all Urban Consumers-U.S.City Average,seasonally adjusted,with a different base year shall be used. g.Tenant may prepay early without a prepayment penalty 4.02 Net Lease.This Lease in every sense shall be without cost to the Landlord for the development, maintenance,and improvement of the Leased Premises. It shall be the sole responsibility of the Tenant to keep,maintain, repair and operate the entirety of the Leased Premises and all improvements and facilities placed thereon at Tenant's sole cost and expense. 4.03 Utility Payments. Commencing with the Lease Commencement Date and continuing throughout the term,Tenant shall pay or cause to be paid all charges,assessments,or taxes for gas,electricity, water,sewer,telephone,and all other utility services incurred in connection with Tenant's use and occupancy of the Leased Premises. 4.04 Taxes. Presently,the Leased Premises are exempt from property taxes. In the event the Leased Premises ever become subject to property taxes, the following provisions shall apply. Commencing on the Lease Commencement Date, and on the first day of each month thereafter during the term of this lease,Tenant shall pay to Landlord,as additional rent, 1/12th of the annual real estate taxes and special assessments accruing during that month for the Lease Premises and any improvements thereon constructed. Landlord shall make the semi-annual payment for real estate taxes, as well as all special assessments,to the county treasurer before the same become delinquent. Any deficiency in the amount necessary to timely pay the obligations provided for shall be promptly reimbursed by Tenant upon notice via regular first-class mail. At the end of each fiscal year a reconciliation will take place to refund any excess funds collected by Landlord to Tenant, or for Tenant to pay Landlord whatever additional sums are needed to account for all taxes and special assessments accrued during Tenant's tenancy. Tenant shall further pay any and all taxes assessed against and levied upon Tenant's trade fixtures, and all other personal property of Tenant contained in the Premises.As used herein,the term 'real estate tax'includes any form of real property tax or assessment,imposed by any authority having the direct or indirect power to tax, including any city,county,state,or federal government,or any school, agricultural, lighting,drainage or other improvement district thereof or any public or quasi-public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises,or upon Tenant's use or occupancy of the Premises. Tenant and Landlord agree to promptly provide the other with copies of statements for taxes so that payment can be made in a timely manner and each can document the amount of the payments due and made. ARTICLE V USE AND OCCUPANCY 5.01 Use.Tenant shall use the Leased Premises for the purposes of maintaining a business sign and parking motor vehicles on improved surfaces. TENANT SHALL NOT PARK VEHICLES ON THE ADJOINING HIGHWAY 1 RIGHT-OF-WAY. 5.02 Restrictions a. Prohibited Uses. No use of the Leased Premises shall be permitted which is offensive by reason of odor,fumes,dust,smoke, noise,or other pollution,nor shall any use be permitted which is hazardous by reason of excessive danger of fire or explosion,which may be injurious to any property or persons on or about the Iowa City Municipal Airport or that is in violation of the applicable laws or regulations of any governmental authority.Any use that negatively affects the operation of the Iowa City Airport is prohibited. b. Hazardous Materials. No Hazardous Materials of any kind shall be stored on or disposed of on the lot.As used herein, Hazardous Materials shall mean: Any"hazardous waste"as defined by the Resource Conservation and Recovery Act of 1976,as amended from time to time,and rules or regulations promulgated thereunder; Any"hazardous substance"as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980,as amended from time to time,and rules or regulations promulgated thereunder; Any oil, petroleum products,and their byproducts,except as specifically allowed in this paragraph;and Any substance which is regulated by any federal,state,or local governmental authority or that is the subject of any law,rule or regulation. Tenant shall handle, use, store and dispose of fuel petroleum products, and all other non-"hazardous substances"owned or used by it on the Airport in accordance with all applicable federal,state, local and airport statutes,regulations, rules and ordinances. No waste or disposable materials shall be released on the ground or in the storm sewers.Should such materials be spilled or escape from storage or in any way contaminate the Airport or property adjacent to the Airport through activities of the Tenant,the Tenant shall be responsible for the clean-up, containment, and other abatement of such contamination at Tenant's sole cost and expense. Further, Tenant shall notify the Commission and appropriate governmental agency of such occurrence immediately. Should Tenant fail to do so,the Commission may take any reasonable and appropriate action in the Tenant's stead.The cost of such remedial action by the Commission shall be paid by the Tenant. c. Nuisances. No act or condition constituting a nuisance as defined under the provision of Chapter 657 of the Code of Iowa or Iowa City Code 6-1-2, both as amended,or as defined by the common law of Iowa,shall be permitted,and the restrictions pertaining to acts within a county in said Code chapter shall be applicable. d. RESERVED. e. 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. f.Storage. No storage of any articles,goods, or materials shall be permitted outside any building except of a temporary nature only and then only with the prior written consent of the Landlord,who shall have the right,as a condition to any such approval,to impose such limitations and screening requirements as it may deem to be in the best interests of the area.Any such approval may be revoked by the Landlord if at any time any of such limitations or screening requirements are not met. g.Signs.All signage shall comply with city ordinances and be approved by the Landlord. ARTICLE VI LIENS;MAINTENANCE;COMPLIANCE 6.01 Liens.Tenant shall not cause or permit any liens to be attached to, placed on or filed against the Landlord's interest in the Leased Premises or Tenant's Improvements in connection with any construction,alteration, demolition, repair or restoration work Tenant performs or causes to be performed on the Leased Premises. If, however,at any time,in connection with the planning, construction,alteration, demolition, repair or restoration work Tenant performs or causes to be performed on the Leased Premises,any liens of mechanics, laborers,or material men shall be filed against,attached to or placed on the Leased Premises,the Tenant's Improvements or any part thereof relating to work described above,Tenant shall,at its expense,cause the same to be discharged, by payment, bonding or otherwise as provided by law,within fifteen(15)days after Tenant receives notice that the lien was filed,except for such liens that may have been incurred by Landlord arising from Landlord's actions. Nothing herein contained shall in any way prejudice the rights of Tenant to contest in good faith to final judgment or decree any such lien prior to payment thereof, provided that Tenant shall furnish and keep in effect a surety bond of a responsible and substantial surety company,acceptable to Landlord,in an amount sufficient to pay 125%of the amount of such contested lien claim with all interest thereon and costs and expenses with respect thereto,or(b) provide other security reasonably satisfactory to Landlord. Upon final determination of the validity of such contested lien or claim,Tenant shall immediately pay the amount finally determined to be due thereon including any judgment or decree rendered in connection therewith,with all property costs and charges and shall cause any such lien to be released of record without cost to Landlord and during the pendency of any such contest, Tenant shall save and hold 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. 6.02 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 6.02, 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 6.02. 6.03 Non-Discrimination.Tenant covenants, in consideration of the right to lease property at Iowa City Municipal Airport,that Tenant,its employees,and agents shall not discriminate against any person in employment or public accommodation because of race, religion,color,creed,gender identity,sex, national origin,sexual orientation,mental or physical disability, marital status or age."Employment" shall include but not be limited to hiring,accepting, registering, classifying, upgrading, or referring to employment."Public accommodation"shall include but not be limited to providing goods,services, facilities, privileges and advantages to the public. ARTICLE VII ASSIGNMENT AND SUBLETTING 7.01 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. 7.02 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 shall not be unreasonably withheld. obligations. ARTICLE VIII EASEMENTS 8.01 Generally.This Lease and the rights granted to Tenant hereunder are expressly made subject and subordinate to any and all existing easements on the Leased Premises,and Tenant shall not in any way act to alter,obstruct,disturb or otherwise impair any of said easements nor grant additional easements on or affecting the Leased Premises during the term of this Lease without Landlord's prior written consent. ARTICLE IX DEFAULT 9.01 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. 9.02 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 9.02(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 9.02(a),by operation of law or otherwise,and no repossession of the Leased Premises or any part thereof pursuant to Section 9.02(b)or otherwise shall relieve Tenant of its liabilities and obligations hereunder,all of which shall survive such termination, repossession or reletting. d. Damages. In the event of any termination of this Lease or eviction from or repossession of the Leased Premises or any part thereof by reason of the occurrence of an Event of Default: i. Rent and Charges.Tenant shall pay to Landlord the Rent and other sums and charges required to be paid by Tenant for the period to and including the end of the Term or expiration of an option period as provided for by Section 3.02 herein,whichever is later. e. Rights Cumulative, Non-Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy,and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled,to the extent permitted by applicable law,to injunctive relief in case of the violation,or attempted or threatened violation,of any of the covenants,agreements, conditions or provisions of this Lease,or to a decree compelling performance of this Lease,or to any other remedy allowed to Landlord at law or in equity. f. Landlord's Right to Cure. If Tenant fails to pay any utilities charges described in Article IV, insurance premiums described in Article VIII,the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges,costs or expenses required to be paid under the Lease, Landlord shall have the right,but not the obligation,to make all such payments, and in addition to its other remedies under this Article IX, 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. 9.03 No Implied Waiver.The failure of Landlord to insist upon strict performance of any of the covenants or conditions of the Lease,or to exercise any options herein conferred in anyone or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition,or option, but the same shall be and remain in full force and effect.The receipt by Landlord of any Rent or any other sum payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall not be deemed a waiver of such breach. ARTICLE X ABANDONMENT 10.01 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 IX herein. ARTICLE XI ENVIRONMENTAL CONDITIONS 11.01 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"). 11.02 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. 11.03 Tenant's Indemnity.Tenant will protect, indemnify and save harmless the Landlord,City of Iowa City,the partners of the Landlord,and all of the foregoing's respective partners, agents and employees (collectively"Landlord's Indemnitees"),from and against all liabilities, obligations,claims,damages, penalties, causes of action, costs and expenses(including,without limitation, reasonable attorneys'fees and expenses) of whatever kind or nature,contingent or otherwise, known or unknown, incurred or imposed, based upon any Environmental Laws or resulting from any Environmental Condition occurring or contributed to during the term of this Lease. In case any action,suit or proceeding is brought against any of the parties indemnified herein by reason of any occurrence described in this Section 11.03, 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 XII TENANT'S INDEMNIFICATION 12.01 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 11.03 hereinabove,from and against all losses,damages,costs,claims and liabilities,including,without limitation,court costs and reasonable attorney's fees and expenses,which Landlord's Indemnitees,or any of them, may become liable or obligated by reason of, resulting from or in connection with: (a) any injury to or death of persons and damage to,or theft, misappropriation or loss of property occurring in or about the Leased Premises or the Property arising from Tenant's use and occupancy of the Leased Premises and/or the conduct of its business; (b)any activity,work or thing done, permitted or suffered by Tenant in or about the Leased Premises, including all liabilities of every kind or description which may arise out of or in connection therewith;and (c) any breach or default on the part of Tenant in the payment or performance of any covenant,agreement or obligation on the part of Tenant to be paid or performed pursuant to the terms of this Lease or any other act or omission of Tenant, its agents or employees. In case of any action or proceeding brought against Landlord's Indemnitees,or any of them, by reason of any such claims,Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord and/or any particular Landlord's Indemnitee. ARTICLE XIII MISCELLANEOUS PROVISIONS 13.01 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. 13.02 Gender and Number.Words of any gender used in the Lease shall be held to include any other gender,and words in the singular shall be held to include the plural,where required. 13.03 Notices. Notices,statements and other communications to be given under the terms of the Lease shall be in writing and sent by certified or registered mail,or by commercial courier, return receipt requested,and addressed as follows: If to Landlord: With copies to: If to Tenant: Iowa City Airport Jim Dreusicke Commission City Attorney %Airport Manager 1445 Highway 1 West 410 E.Washington St. 1801 S. Riverside Dr. Iowa City, IA, 52246 Iowa City, IA 52240 Iowa City, IA 52240 or at such other address as from time to time designated by the party receiving the notice. All such notices shall be deemed to have been fully given, made or sent when made by personal service or deposited in the United States Mail, Registered or Certified, postage prepaid. 13.04 Applicable Law.The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease. 13.05 Partial Invalidity. If any provision of the Lease shall be invalid or unenforceable it shall not affect the validity or enforceability of any other provisions of the Lease. 13.06 Heading. Headings as to the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of the particular section to which they refer. 13.07 Binding Effect.The covenants,conditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 13.08 No Partnership. It is expressly understood that Landlord shall not be construed or held to be a partner,joint venturer or associate of Tenant in the conduct of Tenant's business and that the relationship between the parties hereto is and shall at all times remain that of landlord and tenant. 13.09 Holding Over.The Lease shall terminate without further notice at expiration of the Term.Any holding over by Tenant or any party claiming by,through or under Tenant after expiration shall not constitute a renewal or extension or give Tenant any rights in or to the Leased Premises. In the event of any holding over, Landlord may exercise any and all remedies available to it under Article IX herein or at law or in equity to recover possession of the Leased Premises, and for damages. 13.10 Time is of the Essence. Time is of the essence in this Lease. 13.11 Entire Agreement; Merger. The Lease contains all the agreements and conditions made between the parties hereto with respect to the matters contained herein and may not be modified orally or in any other manner than by an Agreement in writing signed by all the parties hereto or their respective successors. All prior written and oral understandings and agreements shall be deemed to have merged into the Lease and have no further force and effect. 13.12 Counterparts.This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. IOWA CITY AIRPORT COMMISSION Dreusicke Properties, LL( By By i _ Chairperson Tenant Date \ /� � / /( Date %/ Appro by: -_, 04 City Attorney's Office EXHIBIT A Leased Premises That portion of the northeast quarter of Section 20,Township 79 North, Range 6 West of the 5th P.M.that is described as Auditor's Parcel 2005175 on Plat of Survey recorded in Book 50, Page 195, Plat Records of Johnson County, Iowa. PLP 1020177007 Acnap 0 39 Addwne HIGHWAY I W,IOWA CITY Owner CITY OF IOWA CITY r ,- var -,..„. - — or i - �� F - 1 Y! . - / .fir444,# , - , 114 rii � � ; /J • A 3 ., A a' : ,` .tom Prepared by: Michael Tharp,Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 Resolution number Resolution authorizing the Chairperson to execute and the Secretary to attest to a ground lease with Westside Automotive, LC. for ground located at Highway 1 W, Iowa City, Iowa 52216. 1 I Whereas, the Commission ow s ground at Highway 1 W, Iowa City, I wa 52246; and Whereas, the Commission has n-gotiated a ground lease with W stside Automotive, LLC for the use of this ground with a 5-ye- term, and a tenant option fo an additional 5 years with a CPI rate escalation; and • Whereas, the Commission finds the pro•osed lease to be pro er and in the best interest of the Iowa City Municipal Airport, and should be -pproved. Now, Therefore, be it resolved by the Iowa ity Airport , ommission: 1. That the proposed ground lease, attache.,hereto, is hereby approved. 2. That the Chairperson is directed and authori-ed to execute and the Secretary to attest to the land lease between the Airport Commissio, and Westside Automotive, LLC. , '7 It was moved by and second-d 1), the Regolution be adopted, and upon roll call there were: r1 Ayes Nays Aosent ' w ' • Bishop q Gardinier co LaBrie „4- Lawrence Libby Passed and approved this day of , 2018. Chairperson Appr d by r 0 // Attest: /� Secretary City Attorney's Office Iowa City Municipal Airport Lease This Ground/Hangar Lease ("Lease") is made as of day of 2018, by and between the Iowa City Airport Commission, having a principal business at 1801 S. Riverside Drive, Iowa City, IA 52240 ("Landlord")and Westside Automotive, LLC("Tenant") RECITALS A. The City of Iowa City is the owner of fee title to premises situated i ' he City of Iowa City,State of Iowa, identified as Auditor's parcel 2005175 on Plat of Survey recorded 'n Book 50, Page 195, Plat Records of Johnson County, Iowa.\\\Landlord has the authority to lease sa's ground. B. Tenant is Westside Automotive, LLC. C. The parties desire to enter into‘a ground lease pursuant to ich Landlord will lease the aforementioned parcel as more fully de robed on Exhibit A (the "L.ased Premises")for the purposes of maintaining a business sign and parking mator vehicles on impro -d surfaces. D. Tenant has indicated a willingness and ability to properly keep and maintain said 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: ARTICLE I GRANT 1.01 Grant. Landlord hereby leases to tenant the Leased Premises in accordance with therms and conditions hereinafter set forth herein. czo "' a- . w ARTICLE II -''t') — S CONDITION 2.01 Condition of Lease Premises. Tenant is taking possession of the Leased Premises in at]."as-is" condition as of the execution and delivery of this Lease. Landlord shall have no obligation torerform any improvements, alterations, additions, repairs or replacements thereto except those specifically defined in this lease. ARTICLE III TERM 3.01 Initial Term. The term of this lease shall commence on November 16th, 2018 (the "Lease Commencement Date") and shall continue thereafter until November 30th, 2023 (the "Term") unless sooner terminated as provided herein. 3.02 Options to renew. Tenant shall have the option to renew for one (1) additional five (5)year term, running from December 1, 2023 through November 30th, 2028, if written notification is given to Landlord no later than September 1, 2023. ARTICLE IV RENT AND UTILITIES 4.01 Annual Base Rent. Commencing on December 1st, 2018 and continuing on the first day of each succeeding month,Tenant shall pay to Landlord,at the address spe ified in section 7.05, or at such other place as Landlord may from time to time hereinafter designate to enant in writing, annual rent ("Annual Base Rent")as follows: Base Rent: $600.00 per month. For the period of Novem�er 16—November 30, 2018, $300 shall be due, payable by November 30th, 2018. Beginning with the renewal option period, Base Rent shall be computed as follows: Base Rent+ CPI escalator as further defined. a. Definitions. For the purposes of this provision,the following definitions shall apply: 1.The term "Consumer Price Index"or"CPI' shall mean the US. Bureau of Labor Statistics Consumer Price Index for all Urban Consumers— .S. City Average, seasonally adjusted. (1982- 1984= 100). 2.The term "Current CPI" shall mean - annual average of Consumer Price Indices for the calendar year immediately preceding the change .ate. 3.The term "Base CPI"shall mean e annul average of Consumer Price Indices for the calendar year immediately preceding the year for hich the Current CPI is determined..; c 4.The term "Change Date"Sha mean September 1st, 2023. - b. Adjustment. Effective on Decemb= 1st, 2023,the Monthly Base Rent hereunder escalate based on the following formula an. illustrated by the folio ' g example: •. 1. Formula. rj . cx� Current CPI X Rent= Escalated Rent -1=" N Base CPI 2. Example:Assume the monthly base rent is$1,632.Assume t e Current CPI (annual average CPI for 2011) is 225.114 and that the Base CPI (annual average I for 2012) is 228.537. Monthly base rent beginning February 1,2013 would be $1,656.82 228.537 x 1632=$1656.82 225.114 c. No recomputations. No subsequent adjustments or recomputations, retroactive or otherwise shall be made to the Consumer Price Index due to any revision that may later be made to the first published figure of the Consumer Price Index for any month. d. No Rent decrease. In no event shall the Annual Base Rent for a given rental period be less than the Annual Base Rent for the immediately preceding year. e. No Waiver.Any delay or failure of Landlord in computing or billing Tenant for the escalation of Annual Base Rent as provided herein shall not constitute a waiver of or in any way impair the continuing obligation of Tenant to pay such escalation of Monthly Base Rent. f. Change in Index. In the event that the Consumer Price Index ceases to use 1982-1984=100 as the basis of calculation, the new CPI established by the U.S. Bureau of Labor Statistics Consumer Price Index for all Urban Consumers-U.S. City Average, seasonally adjusted, with a different base year shall be used. g.Tenant may prepay\early without a prepayment penalty 4.02 Net Lease.This Lease in,,every sense shall be without cost to the Landlord for the development, maintenance, and improvernentvgf the Leased Premises. It shall be the sole responsibility of the Tenant to keep, maintain, repair and operate the entirety of the Leased Premis s and all improvements and facilities placed thereon at Tenant's\rle cost and expense. 4.03 Utility Payments. Commencing with the Lease Commencement Date and continuing throughout the term,Tenant shall pay or cause toe paid all charges, assessments,or taxes for gas,electricity, water, sewer, telephone, and all other utility services incurred in connection with Tenant's use and occupancy of the Leased Premises. 4.04 Taxes. Presently,the Leased Prem es are exempt from property taxes. In the event the Leased Premises ever become subject to property t xes, the following provisions shall apply. Commencing on the Lease Commencement Date, and on the 'rst day of each month thereafter during the term of this lease,Tenant shall pay to Landlord, as addition I rent, 1/12th of the annual real estate taxes and special assessments accruing during that month for he Lease Premises and any improvements thereon constructed. Landlord shall make the semi-annu payment for real estate taxes, as well as all special assessments,to the county treasurer before the sa a become delinquent. Any deficiency in the amount necessary to time pay the obligations provided for shall be promptly reimbursed by Tenant upon notice via regula first-class mail. At the end of each fiscal year a reconciliation will take place to refund any excess fun collected by Landlord to Tenant, or for Tenant to pay Landlord whatever additional sums are nee ed to account for all taxes and special assessments accrued during Tenant's tenancy. Tenant shall further pay any and all taxes assessed again and levied upon Tenant's trade fixtures, and all other personal property of Tenant contained in the Premises. As used herein,the term 'real estate tax' includes any form of real property tax or assessment, imposed by any authority having the direct or indirect power to tax, including any city, county, state,or federal government,or any school, agricultural, lighting, drainage or other improvement district thereof or any public or quasi-public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, or upon Tenant's use or occupancy of the Premises. Tenant and Landlord agree to promptly provide the other with,copies of statements for taxes so that payment can be made in a timely manner and each can document the amount of the payments due and made. ARTICLE V : ..1:1 "it USE AND OCCUPANCY . T--1: 171 N.) 5.01 Use.Tenant shall use the Leased Premises for the purposes of maintaining a business sign and parking motor vehicles on improved surfaces. TENANT SHALL NOT PARK VEHICLES ON THE ADJOINING HIGHWAY 1 RIGHT-OF-WAY. 5.02 Restrictions a. Prohibited Uses. No use of the Leased Premises shall be permitted which is offensive by reason of odor,fumes, dust, smoke, noise, or other pollution, nor shall any use be permitted which is hazardous by reason of excessive danger of fire or explosion,which may be injurious to any property or persons on or about the Iowa City Municipal Airport or that is in violation of the applicable laws or regulations of any governmental authority.Any use that negatively affects the operation of the Iowa City Airport is prohibited. b. Hazardous Materials. No Hazardous Materials of any kind shall be/stored on or disposed of on the lot. As used herein, Hazardous Materials shall mean: Any "hazardous waste" as defined by the Resource Conseriation and Recovery Act of 1976,as amended from time to time, and rules or regulations promulgated thereunder; Any"hazardous substance" as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended from time to time,and rules or regulations promulgated thereunder; Any oil, petroleum products, and their byproducts, except as specifically allowed in this paragraph; and Any substance which is regulated by any federal, state, or local governmental authority or that is the subject of any law, rule or regulation. Tenant shall handle, use, store and dispose of fuel petroleum products, and all other non-"hazardous substances" owned or used by it on the Airport in accordance with all applicable federal, state, local and airport statutes, regulations, rules and ordinances. No waste or disposable materials shall be released on the ground or in the storm sewers.Should such materials be spilled or escape from storage or in any way contaminate the Airport or property adjacent to the Airport through activities of the Tenant, the Tenant shall be responsible for the clean-up, containment,' and other abatement of such contamination at Tenant's sole cost and expense. Further, Tenant shall notify the Commission and appropriate governmental agency of such occurrence immediately. Should Tenant fail to do so, the Commission may take any reasonable and appropriate action in the Tenant's stead.The cost of such remedial action by the Commission shall be paid by the Tenant. i c. Nuisances. No act or condition c stituting a nuisance as defined under the provision'of Chapter 657 of the Code of Iowa or Iowa ity Code 6-1-2, both as amended, or as defined by thg common law of Iowa, shall be permitte ,and the restrictions pertaining to acts within a county-in said Code chapter shall be applicable. c.; d. RESERVED. e. Lighting. All lighting s II be directed away from adjacent properties\ d shall be po4itioned A: to eliminate glare on streets and highways. No neon lights, intermittent or flashin lights shall_`be allowed. Only shaded light sources shall be used to illuminate signs, facades, buildi gs, parking and loading areas.All lighting shall be reflected downward. f. Storage. No storage of any articles,goods, or materials shall be permitted outside any building except of a temporary nature only and then only with the prior written consent of the Landlord,who shall have the right,as a condition to any such approval,to impose such limitations and screening requirements as it may deem to be in the best interests of the area. Any such approval may be revoked by the Landlord if at any time any of such limitations or screening requirements are not met. g.Signs.All signage shall comply with city ordinances and be approved by the Landlord. ARTICLE VI LIENS; MAINTENANCE;COMPLIANCE 6.01 Liens.Tenant shall not cause or permit any liens to be attached to, pla ed on or filed against the Landlord's interest in the Leased Premises or Tenant's Improvements in co nection with any construction, alteration, demolition, repair or restoration work Tenant pe orms or causes to be performed on the Leased Premises. If, however, at any time, in connecti with the planning, construction, alteration, demolition, repair or restoration work Tenant i, dorms or causes to be performed on the Leased Premises, any liens of mechanics, laborers,oY material men shall be filed against, attached to or placed on the Leased Premises, the Tenant's lrgiprovements or any part thereof relating to work described above, Tenant shall, at its expense, cause;the same to be discharged, by payment, bonding or otherwise as provided by law, within fifteen (15) days after Tenant receives notice that the lien was filed, except for such liens that may have been incurred by Landlord arising from Landlord's actions. Nothing herein contained shall in any way prejudice the rights of Tenant to contest in good faith to final judgment or decree any such lien prior to payment thereof, provided that Tenant shall furnish and keep in effect a surety bond of a responsible and si bstantial 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 propetty 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 hold 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. 6.02 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 Propertyinstalled 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 6.02, 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 standsa ds of this Section 6.02. 6.03 Non-Discrimination.Tenant covenants, in consideration of the right to le se property at Iowa City Municipal Airport, that Tenant, its employees,and agents shall not discriminat against any person in employment or public accommodation because of race, religion, color, creed,ge der 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 vantages to the public. ' 4 77 u,.7 1 ARTICLE VII ASSIGNMENT AND SUBLETTING 7.01 Bindin: E ect.The Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respe tive heirs, personal representatives, successors, and assigns. 7.02 Assi:nment .Tenant may not sell,transfer, or assign this Lease (either directly or indirectly)or any legal or beneficial terest therein, or sublease all or any part of the Lease Premises without the prior written consent oft •e Landlord, which consent shall not be unreasonably ithheld. obligations. ARTICLE VIII EASEMENTS i 8.01 Generally.This Lease and e rights granted to Tenant hereunder are expressly made subject and subordinate to any and all existin: easements on the Leased Premises, and Tenant shall not in any way act to alter,obstruct, disturb or of -rwise impair any of said easements nor grant additional easements on or affecting the Leased Premises . ring the term of this Lease without Landlord's prior written �-- consent. ARTICLE IX DEFAULT co 9.01 Events of Default.The following shall constit,to "Events of Default": a. Monetary.Tenant shall fail to pay Rent at he time required or any other monetary obligation or payment required under this Lease when due, and ch failure shall continue for a period of ten (10) days following written notice from Landlord to Tenant; b. Non-performance.Tenant shall fail to observe o perform any of the other covenants,terms or conditions contained in the Lease,or a warranty made by enant shall fail to be accurate and complete, and such failure shall continue and not be cured fo . period of thirty(30)days after written notice by Landlord to Tenant, provided that if the default is not -asonably susceptible of being cured within thirty (30)days, an Event of Default shall occur only if the -nant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to corn o letion; or c. Bankruptcy: Receivership. If(i)Tenant files a petition in ban' uptcy or for reorganization or for an arrangement pursuant to any present or future federal or state b. kruptcy law or under any similar federal or state law,or is adjudicated a bankrupt or insolvent,or m-kes an assignment for the benefit of its creditors,or admits in writing its inability to pay its debts gene .Ily as they become due,or if a petition or answer proposing the adjudication of Tenant as a bankrupt or . reorganization of Tenant under any present or future federal or state bankruptcy law or any similar fede .1 or state law is filed in any court and such petition or answer is not discharged or denied within thirty( I) days after the filing thereof; or(ii)A receiver,trustee or liquidator of Tenant of all or substantially all .' the assets of Tenant or of the Leased Premises or any portion thereof is appointed in any proceeding br,'ught 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. 9.02 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 9.02(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 9.02(a), by operation of law or otherwise, and no repossession of the Leased Premises or any part thereof pursuant to Section 9.02(b)or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession or relettin d. Damages. In the event of any termination of this L ase or eviction from or repossession of the Leased Premises or any part ther'e\of by reason of the occurr nce of an Event of Default: i. Rent and Charges.Tenant shall pay to La dlord the Rent and other sums and charges required to be paid by Tenan for the period to a d including the end of the Term or expiration of an option period as provide for by Section 3. 2 herein, whichever is later. e. Rights Cumulative, Non-Waive No right or r medy herein conferred upon or reserved to Landlord is intended to be exclusive of any they right¢r remedy, and each and every right and remedy shall be cumulative and in addition to any of er rightr remedy given hereunder or now or hereafter existing at law or in equity or by statute. In ad ition t the other remedies provided in this Lease, Landlord shall be entitled,to the extent permit d b/ applicable law,to injunctive relief in case of the violation,or attempted or threatened violation, o ny of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling erformance of this Lease,or to any other remedy allowed to Landlord at law or in equity. f. Landlord's Right to Cure. If Tenant fail to pays any utilities charges described in Article IV, insurance premiums described in Article VIII,t cost ony of the repairs or maintenance required to be made by Tenant pursuant to the Lease or a y other ch rges,costs or expenses required to be paid under the Lease, Landlord shall have the righ , but not the obligation, to make all such payments, and in addition to its other remedies under this A cle IX, Landlord\hall have the option of requiring Tenant to repay to Landlord the amount of such pay ents(which shall deemed additional rent hereunder)on demand with interest after demand at 10 0 rate per annum. (t "Default Rate"). g. Late Charge, Default Rate. If ndlord does not receive\payment of any installment of Rent or any other sum or charge required to be paid by Tenant to Landlords 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 pe cent (5%) of the amount of suc delinquent sum and if such sum is not received by Landlord within thi y(30) days of its due date, such s m shall, in addition, bear interest at the Default Rate from the due date until the date paid. h. Landlord's Lien. Landlgrd shall have a lien against Tenant's leasehold estate,Tenant's Improvements and all property 0f Tenant located at the Leased Premises, to secure any obligations of Tenant to Landlord arising pursuant to the provisions of this Lease. 9.03 No Implied Waiver.The failure of Landlord to insist upon strict performance of any of the covenants or conditions of the Lease, or to exercise any options herein conferred in anyone or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect.The receipt by Landlord of any Rent or any other sum payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall not be deemed a waiver of such breach. ARTICLE X ABANDONMENT 10.01 Abandonment. enant shall not vacate or abandon the Leased Pr mises at any time during the Term of this Lease. If Te ant shall vacate or abandon the Leased Prerr)I'ses,the right of possession shall, at the option of Landlor revert to Landlord and Tenant shall lose*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 IX herein: -y ARTICLE XI ENVIRONMENTAL CONDITIONS _ . 'TL 11.01 Definitions.As used in this Lease,the phrase "Environmental Condition" shall mean: (a)ally adverse condition relating to surface water,ground water, drinking water supply, land,surface 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 Corppensation and Liability Act, as amended, or the Resource Conversation and Recovery Act,or any claim oaf violation of the Clean Air Act,the Clean Water Act,the Toxic Substance Control Act, or any claim of liabf ity or of violation under any federal statute hereafter enacted dealing with the protection of the enviro ment, or under any rule, regulation, permit or plan under any of the foregoing, or under any law, rule o`r regulation now or hereafter promulgated by the state in which the Leased Premises are located, or an political subdivision thereof, relating to such matters (collectively"Environmental Laws"). 11.02 Compliance by Tenant.Tenant shall, at all times du ' g the Term, comply with all Environmental Laws applicable to the Leased Premises and shall not, in the se and occupancy of the Leased Premises, cause or contribute to, or permit or suffer any other party to ause or contribute to any Environmental Condition. 11.03 Tenant's Indemnity.Tenant will protect, indemnify and save harmless the Landlord, City of Iowa City, the partners of the Landlord, and all of the foregoing's respective partners, agents and employees (collectively"Landlord's Indemnitees"),from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses(including, without limit@tion, 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 Envir nmental Condition occurring or contributed to during the term of this Lease. In case any action, suit or p ceeding is brought against any of the parties indemnified herein by reason of any occurrence describe in this Section 11.03, 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 XII TENANT'S INDEMNIFICATION 12.01 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 11.03 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 Pre,nises or the Property arising from Tenant's use and occ ancy of the Leased Premises and/or the con uct of its business; (b) any activity, work or thing done permitted or suffered by Tenant in or about th Leased Premises, including all liabilities of every kind or description which may arise out of or in connecti therewith; and (c)any breach or default on the part of Tenant in the payment or performance o ny covenant, agreement or obligation on the part of Tenant to be paid or performed pursuant to the t ms of this Lease or any other act or omission of Tenant, its agents or employees. In case of any action or proceeding brought against Landlord's Indemnitees, or any of them, by reason of any such claims,Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord and/or any particular Landlord's Indemnitee. ARTICLE XIII MISCELLANEOUS PROVISIONS 13.01 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.n emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall b required)to enter upon the Leased Premises and Tenant's Improvements for the purposes of inspec -ng the same, determining whether this Lease is being complied with, curing(as permitted herein) a default by Tenant and showing the Leased Premises to prospective Leasehold Mortgagees. (b) Landlord or Landlord's agents, representatives, or e loyees shall have the right whenever necessary and without notice to enter upon the Leased P miles for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutt ig the Leased Premises. 13.02 Gender and Number. Words of any gender used in the lease shall be held to include any other gender, and words in the singular shall be held to include the plural, where required. 13.03 Notices. Notices, statements and other communications to be given under the terms of the Lease shall be in writing and sent by certified or registered mail, or by commercial courier, return receipt requested,and addressed as follows: If to Landlord: With copies to: If to Tenant: Iowa City Airport Ji Dreusicke Commission City Attorney ....m 1445 Highway 1 West ! 3 Airport Manager 410 E.Washington St. w:-' Iowa City, IA 52240 1801 S. Riverside Dr. Iowa City, IA, 52246 Iowa City, IA 52240 - or at such other address as from time to time designated by the party receiving the notice. All such notices shall be deemed to have been fully given, made or sent when made by personal service or deposited in the United States Mail, Registered or Certified, postage prepaid. 13.04 Applicable Law.The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease. 13.05 Partial Invalidity. If any provision of the Lease shall be invalid or nenforceable it shall not affect the validity or nforceability of any other provisions of he Lease. 13.06 Heading. Headings as to the contents of particular sections herein are inserted only for convenience,and are in no wa to be construed as a part of the Lease or as a limitation on the scope of the particular section to which t ey refer. 13.07 Binding Effect.The covenants, conditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 13.08 No Partnership. It is expressly understood that Landlord shall not be construed or held to be a partner,joint venturer or associate of Tenant in the conduct of Tenant's business and that the relationship between the parties hereto is and shall at all times remain that of landlord and tenant. 13.09 Holding Over.The Lease shall terminate without further notice at expiration of the Term.Any holding over by Tenant or any party claiming by,through or under Tenant after expiration shall not constitute a renewal or extension or give Tenant any rights in or to the Leased Premises. In the event of any holding over, Landlord may exercise any and all remedies available to it under Article IX herein or at law or in equity to recover possession of the Leased Premises, and for damages. 13.10 Time is of the Essence.Time is of the essence in this Lease. 13.11 Entire Agreement; Merger.The Lease contains all the agreements and conditions made between the parties hereto with respect to the matters contained herein and may not be modified orally or in any other manner than by an Agreement in writing signed by all the parties hereto or their respective successors.All prior written and oral understandings and agreements shall be deemed to have merged into the Lease and have no further force and effect. 13.12 Counterparts. This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together,constitute but one and the same instrument. IOWA CITY AIRPORT COMMISSION Westside Automotive, LLC cLo 71 By By .y. J"' (.A,) r- Chairperson Tenant ";''—' '';'� 1 B T 1 0. Date Date ry FILED 2213 OCT 3 1 Ali 8t CIT? tjLL 5- cu 2 17) EXHIBIT A Leased Premises That portion of the northeast quarter of Section 20,Township 79 North, Range 6 West of the 5th P.M.that is described as Auditor's Parcel 2005175 on Plat of S rvey recorded in Book 50, Page 195, Plat Records of Johnson County, Iowa. Io_0I7'00, Acnq. 0.39 Addroc HIGHWAY 11C.IOWA CITY Owner CITY OF IOWA CITY NAP N., . _ 44, -,,,;.....41- w„ . s cT -.A 1r a Vit �O1 . 7. /- \\4\ss\s\ C'..3 • .__! W Cwn.w . r C"'1 ...... 9. `ten 'm • ry