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Home My WebLink About03-09-2006 Airport CommissionIOWA CITY AIRPORT COMMISSION MEETING AGENDA AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE IOWA CITY, IOWA THURSDAY, MARCH 9, 2006 - 6:45 P.M. 1. Determine Quorum 2. Election of Officers 3. Approval of Minutes from February 9, 2006 meeting 4. Public Discussion - Items not on the agenda 5. Items for Discussion/Action: A. FAA/IDOT Projects - Earth Tech — David Hughes a. Runway 7/25 b. Taxi -lane North Tee's c. ASOS Relocation d. Hangar B & C Floors B. Eastern Iowa Big Kids Toy Show C. Aviation Commerce Park D. Airport "Operations": Strategic Plan -Implementation; Budget; and Airport Management E. Corporate Hangar Contract — Don Gumett a. Consider a resolution approving a 3 year lease for Corporate Hangar #34 F. Kim Brogan Agreement G. Subcommittees' Reports H. Chairperson's Report 6. Commission Members' Reports 7. Staff Report 8. Set next regular meeting for April 13, 2006 at 5:45 p.m. 9. Adjourn MINUTES DRAFT Iowa City Airport Commission February 9, 2006 Iowa City Airport Terminal — 5:45 PM Members Present: Randy Hartwig, Chair; John Staley; Dan Clay; Howard Horan; Greg Farris Staff Present: Sue Dulek, Michael Tharp Others Present: Richard Blum, Rick Mascari, David Hughes, Ron Wade; Mary Honeck DETERMINE QUORUM: Chairperson Hartwig called the meeting to order at 5:47 PM. RECOMMENDATIONS TO COUNCIL: APPROVAL OF MINUTES FROM JANUARY 12 and JANUARY 23, 2006, MEETINGS: Chairperson Hartwig asked if there were any additions or changes to the above -named minutes. Horan moved to accept the minutes of the January 12 and January 23, 2006, meetings as written; seconded by Farris. Motion passed 3-0 (Staley absent). PUBLIC DISCUSSION: Rick Mascari thanked the Commission for allowing him to install insulation in his hangar. He stated that he would probably start on this in the spring. ITEMS FOR DISCUSSION/ACTION: A. Parcel of Land: Parcel No. 1020177001 (the "Hagen parcel" located on Highway 1 between land owned by Patricia Wade and Ann Hargrave) — Hartwig stated that the purpose of this being on tonight's agenda is so they can address any questions that need to be answered, and for the Commission to decide what process they would like to use regarding offers to lease or buy this land. He stated that first he would like to address any issues regarding F.A.A. requirements, and the difference in these requirements with leasing versus selling. David Hughes of Earth Tech explained to the Commission that this land was purchased with F.A.A. funds, and that if they do sell this land, a portion has to go back to the F.A.A. to off -set the portion they originally gave the Airport. Hartwig stated that the appraisal is not yet complete on this parcel, but it may be available by the next Commission meeting. Members asked questions regarding leasing versus selling, and if they know the marketability of this land. The discussion continued with members asking what advantages are there to selling the property, versus leasing it. It was stated that once they have the appraisal numbers, they would be better able to calculate this payback amount to the F.A.A. Hartwig stated that they need A to decide how they want to proceed, such as asking for sealed bids from people who want to buy the land or lease the land. Horan stated that he would prefer to keep the land and lease it. He stated that they should hang on to it and see where the market goes, as far as developing it. The discussion then turned to finding out what restrictions would apply if they did lease the land. It was reiterated that the Commission needs the appraisal on this parcel of land and any and all restrictions that apply to the land use, in regards to selling versus leasing, and the F.A.A. restrictions as well. The members agreed that they would like to move forward with this as soon as possible. (John Staley arrives during the discussion) B. Runway 07 Proj ect — Earth Tech — David Hughes was present. He stated that the box culvert contractor is about 80% done. As the weather permits, Iowa Bridge & Culvert will start work again. He stated that they are currently working with the F.A.A. on finalizing the grading set of plans for this spring. Hughes also spoke about the survey that they have been waiting for the F.A.A. to give their concerns on Section 405. Earth Tech received revised survey requirements from the F.A.A, which would require a change in the current contract and provide a cost savings for the Airport. Horan moved to approve the contract change as discussed; seconded by Farris. Motion passed 4-0. Hughes also spoke about the hangar repairs that have taken place on the roofing of Hangar K. C. T Hangers — Consider resolution awarding contract and authorizing the Chairperson to sign and the Secretary to attest a contract for construction of the project to repair the floors in Hangars B and C — Hartwig noted that they received four bids on this project. Two of them were under the estimate. Hughes spoke to the members regarding this project. Questions arose about where those who rent these hangars would be able to put things while this project is taking place. Staley moved to approve the resolution to award the contract to the lowest bidder; seconded by Farris. Resolution carries 4-0. (TAPE ENDS) Hartwig expressed appreciation to the city for their willingness to work with the airport for the construction projects. D. Aviation Commerce Park— Hartwig stated that he spoke with Harry Wolf yesterday regarding the sale to Wal-Mart. Dulek mentioned the court date for both cases being set for February 2P. E. Airport "Operations": Strategic Plan -Implementation; Budget; and Airport Management — Hartwig "welcomed" Michael Tharp as the new Airport employee. Tharp thanked the members for their vote of confidence. Hartwig stated that a week ago Monday was the City Council budget meeting. He presented the Airport budget and stated that he thought it went well. He pointed out to the members several categories that have changed, such as the addition of the N J Staley noted that everyone had a copy of the memo he sent to the Mayor and City Council, asking to be reappointed to the Commission. Horan noted that he took quite a few photos, and he noted that at the self -serve fuel pump, he noted how bad the area is. He asked if they couldn't go out and by hand do some minor repair there. He stated that he had hoped to meet with Amy Correia from the Council, but they have had to reschedule. He will let members know what information she is wanting. (TAPE ENDS) STAFF REPORT: Tharp noted that the Day on the Hill is March 8 from 11:30 to 1:00 P.M. in Room 116. He will email the information to everyone and stated that he plans to attend. Tharp noted that he has spoken with Ron and Jet Air about Jet Air letting the Airport use their Internet connection in the pilot's lounge if the Airport provides the needed equipment to set up a wireless network. The members agreed with this. SET NEXT REGULAR MEETING FOR: March 9, 2006 @ 5:45 P.M. ADJOURN: Meeting adjourned at 7:24 P.M. Airport Commission ATTENDANCE RECORD YEAR 2006 (Meeting Date) NAME TERM EXP. 1/12 2/9 3/9 Daniel Clay 3/l/08 -- -- Randy Hartwig 3/1/09 X X Greg Farris 3/1/07 O X John Staley 3/1/06 X X Howard Horan 3/l/08 X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member REVE: 03.06.06 10:44:06 Page: 1 Iowa City,General Ledger System Budget to Actuals Revenues Summary FY 2006 Revenue Reporting For the period 02.01.06 to 02.28.06 Estimated YTD Period Account Revenue Revenue Revenue Remainder 7600 Airport 560100 Airport Operations MISCELLANEOUS REV. 369100 Reimb Of Expenses Total MI USE OF M 381100 382100 382200 384200 384900 SCELLANEOUS REV. DNEY & PROP. Int. On Investments Land Rental Building/Room Rental Vending Machine Comm Other Commissions Total USE OF MONEY & PROP. OTHER FINANCING SOURCES 363220 Sale Of Autos 393120 General Levy Total OTHER FINANCING SOURCES Total Airport Operations Total Airport *** GRAND TOTAL *** 9596.36 -9596.36 --------------------- ------------ 9596.36 ---------- -9596.36 ------ 1010.06 -1010.06 41948.00 22317.46 6387.92 19630.54 53.20 160756.00 119672.06 8393.50 41083.94 74.44 40.00 50.40 -10.40 126.00 10382.00 15212.60 8853.20 -4830.60 146.53 ------------------------ 213126.00 ------------ 158262.58 ------------ 23634.62 54863.42 ------ 74.26 12554.38 -12554.38 144623.00 74666.64 9333.33 69956.36 51.63 144623.00 87221.02 9333.33 57401.98 60.31 357749.00 255079.96 32967.95 102669.04 71.30 ------------ ------------ 357749.00 ------------ 255079.96 ------------ 32967.95 102669.04 ------ 71.30 ------------ ------------ 357749.00 ------------ 255079.96 ------------ 32967.95 102669.04 ------ 71.30 EXPE: 03.06.06 10:44:00 Account ------------------------------------------- 7600 Airport 560100 Airport Operations PERSONNEL 411000 Perm. Full Time 413000 Temporary Employees 414100 Overtime Wages 414500 Longevity Pay 421100 Health Insurance 421200 Dental Insurance 421300 Life Insurance 421400 Disability Insurance 422100 Fica 423100 Ipers 424500 Monthly Cellular/PCS Total PERSONNEL SERVICES 431010 Filing Fee , 432020 Annual Audit 432050 Appraisal Services 432060 Consultant Services 432070 Management Services 433030 Long Distance Serv. 435051 Wireless Phone Serv. 435055 Postage 435060 Legal Publications 436030 Transportation 436050 Registration 436060 Lodging 436080 Meals 437010 Comp. Liability Ins. 437020 Fire & Casualty Ins. 437030 Worker's Comp Ins. 437042 Fidelity Bond 437200 Loss Reserve Payment Iowa City General Ledger System Budget to Actuals Expenditures Summary FY 2006 Expense Reporting For the period 02,01.06 to 02.28.06 YTD Period Appropriated Expenditures Expenditures Encumbrance Page: 1 Balance °s Used 80790.00 23043.10 2707.20 57746.90 28.52 9048.50 913.50 -9048.50 939.06 228.42 -939.06 1050.00 1050.00 100.00 14921.00 2605.04 325.63 12315.96 17.46 616.00 186.72 23.34 429.28 30.31 266.00 108.00 158.00 40.60 565.00 147.84 21.12 417.16 26.17 6181.00 2623.46 296.38 3557.54 42.44 4645.00 1734.38 220.69 2910.62 37.34 212.50 25.00 -212.50 ------------------------ 109034.00 ------------ 41698.60 ------.------ 4761.28 ------------ 67335.40 ------ 38.24 58.00 -58.00 187.00 187.00 800.00 800.00 3000.00 9847.39 2080.50 -6847.39 328.25 10000.00 10500.00 1500.00 -500.00 105.00 67.00 10.42 56.58 15.55 8.00 8.00 10.00 10.00 86.00 10.08 75.92 11.72 600.00 1000.00 -400.00 166.67 665.00 665.00 875.00 875.00 250.00 250.00 9444.00 7798.00 1646.00 82.57 14333.00 9748.64 4584.36 68.02 306.00 70.00 236.00 22.88 875.00 875.00 -875.00 5000.00 5000.00 EXPE: 03.06.06 10:44:00 Page: 2 Iowa City General Ledger System Budget to Actuals Expenditures Summary FY 2006 Expense Reporting For the period 02.01.06 to 02.28.06 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance o Used 7600 Airport (CONTINUED) 560100 Airport Operations (CONTINUED) SERVICES (CONTINUED) 438010 Stormwater Utility Charges 438030 Electricity 438070 Heating Fuel/Gas 438080 Sewer Utility Charge 438090 Water Utility Charge 439030 Testing Services 439060 Other Prof Services 441010 Vehicle Repairs and Maintenance 442010 Bldg. Rep. & Maint. 442020 Repair Of Structure 442030 Repair of Heating Equip 442040 Repair of Cooling Equip 442060 Repair of Electric/Plmbg 443010 Equip. Rep. & Maint. 443050 Radio Equipment Rep. 443060 Telecom Equip. Rep. 443080 Other Repair & Maint 445060 Laundry Service 445070 Equipment Service 445140 Outside Printing 445230 Technical Services 446100. City Attorney Chgbck 446130 ITS-PC/Peripheral Support 446140 ITS -Computer Replacement Chargeb 446160 ITS-Network/Internet Charge 446200 Photocopying Chgback 446220 Phone Service - Department Charg 446230 Long Distance Chargeback 446300 Phone Equipment/Line Charge 446320 Mail Chargebacks 446350 City Vehicle Repl. 449060 Dues & Memberships 4883.06 591.96 -4883.06 13139.00 12998.73 1332.21 140.27 98.93 5265.00 3585.06 1505.60 1679.94 68.09 1311.00 1491.34 81.91 -180.34 113.76 1456.00 1091.56 91.61 364.44 74.97 1284.00 1785.20 515.00 -501.20 139.03 777.00 777.00 1363.00 1012.13 350.87 74.26 2307.00 724.15 263.62 1582.85 31.39 . 544.00 544.00 1504.00 1002.50 501.50 66.66 1460.00 1460.00 450.00 1156.50 -706.50 257.00 133.00 133.00 98.00 97.56 .44 99.55 73.00 73.00 8725.00 3686.05 356.04 5038.95 42.25 766.00 491.08 274.92 64.11 807.00 592.00 74.00 215.00 73.36 266.00 59.02 30.00 206.98 22.19 2477.00 4802.29 3226.45 -2325.29 193.88 2887.00 3039.54 391.70 -152.54 105.28 535.00 475.00 60.00 88.79 82.00 82.00 360.00 480.00 60.00 -120.00 133.33 462.00 106.92 21.06 355.08 23.14 437.76 54.72 -437.76 5.00 5.00 1495.00 455.00 1040.00 30.43 322.00 253.77 11.31 68.23 78.81 12000.00 7009.10 4990.90 58.41 361.00 150.00 211.00 41.55 EXPE: 03.06.06 10:44:00 Page: 3 Iowa City General Ledger System Budget to Actuals Expenditures Summary FY 2006 Expense Reporting For the period 02.01.06 to 02.28.06 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance °s Used ------------------------------------------------------------------- ------------ ------------------------------------ ------ 7600 Airport (CONTINUED) 560100 Airport Operations (CONTINUED) SERVICES (CONTINUED) 449120 Equipment Rental 449140 Tools & Equip. Rent. 449280 Miscellaneous Expense 449360 Interest Expense Total SERVICES SUPPLIES 452010 Office Supplies 454020 Subscriptions 454040 Books, Mag., Newspap 455100 Misc Peripherals 461040 Ag Chemicals 461050 Ag Materials 462020 Minor Sanitation Equip. 462030 Sanit. & Ind. Supp. 465050 Other Fuels 465060 Grease & Oil 465070 Other Lubricants 465080 Fluids Gases & other 466020 Lumber/hardware 466030 Paint & Supplies 466040 Plumbing Supplies 466050 Electrical Supplies 466060 Bldg. & Improv. Mat. 466070 Bldg. & Const. Supp. 467020 Minor Equip. Rep Mat 467100 Auto & Light Truck 467140 Snow Removal Equip. 467160 General Equipment 468030 Asphalt 468050 Sand 46904Q Traffic Ctrl. Improv 100.00 -100.00 1480.00 35.00 1445.00 2.36 300.00 -300.00 49728.00 49728.00 ------------ ------------ 159553.00 --- -------- ----------- 92217.85 13062.89 ------------ 67335.15 ---- - 57.80 120.00 120..00 193.00 1816.83 -1623.83 941.36 3.00 63.05 44.10 -60.05 2101.6 71.00 71.00 487.00 137.77 349.23 28.29 13.00 13.00 4.15 -4.15 289.00 236.33 52.67 81.78 2061.00 2160.09 -99.09 104.81 85.00 85.00 32.97 -32.97 17.99 -17.99 153.00 153.00 235.00 235.00 47.00 51.57 -4.57 109.72 540.00 156.05 14.29 383.95 28.90 59.00 _ 59.00 583.00 539.82 43.18 92.59 55.00 9.16 45.84 16.65 108.00 108.00 149.00 149.00 8.00 8.00 274.23 -274.23 42.00 42.00 903.00 462-9.00 _-3726.00 512.62 EXPE: 03.06.06 10:44:00 Page: 4 Iowa City General Ledger System Budget to Actuals Expenditures Summary FY 2006 Expense Reporting For the period 02.01.06 to 02.28-06 YTD Period Account Appropriated Expenditures Expenditures Encumbrance Balance °s Used 7600 Airport (CONTINUED) 560100 Airport Operations (CONTINUED) SUPPLIES (CONTINUED) 469190 Tools & Minor Equip. 103.00 332.83 229.83 323.14 469260 Fire Ext. & Refills 108.00 401.45 401.45-293.45 371.71 469320 Misc Supplies 480.00 480.00 Total SUPPLIES CAPITAL OUTLAY 473010 Contracted Improv. 473020 Non -contracted Impr. Total CAPITAL OUTLAY OTHER FINANCIAL USES 490190 Interfund Transfers Out - Total OTHER FINANCIAL USES Total Airport Operations 560300 Airport Capital Acquisition/CIP OTHER FINANCIAL USES 490040 Capital Projects Total OTHER FINANCIAL USES Total Airport Capital Acquisition/CIP Total Airport *** GRAND TOTAL *** 6895.00 10863.29 459.84 -3968.29 157.55 10000.00 537.24 9462.76 5.37 3000.00 3000.00 13000.00 537.24 12462.76 4.13 Fu 35712.00 56960.00 7120.00 -21248.00 ------------ 159.50 ------------ ------------ 35712.00 ------------ 56960.00 ------------ 7120.00 -21248.00 ------ 159.50 324194.00 202276.98 25404.01 121917.02 62.39 32623.00 32623.00 ------------ ------ ------------------------ 32623.00 ------------ ------------ 32623.00 32623.00 32623.00 ------------------------ 356817.00 ------------ 202276.98 ------------ 25404.01 ------------ 154540.02 -_____ 56.69 ------------------------ 356817.00 ------------ 202276.98 ------------ 25404.01 ------------ 154540.02 ------ 56.69 l Monthly Expense Report - February '06 Check Requests During Month Approved Airport Budget City Budget 2/2/2006 Kone Inc. (Elevator Repairs) $149.99 2/6/2006 Jet Air Inc (Management Fees) $1,500.00 2/6/2006 Commercial Towel Service (Janitorial Service) $130.20 2/7/2006 B1ueGlobes, Inc (Replacement Parts - Runway Lights) $356.04 2/8/2006 Van Meter Industrial (Exterior Building Lights Repair) $44.83 2/13/2006 Iowa Bridge & Culvert $178,543.00 2/15/2006 Midwest Janitorial Service (Monthly Service) $188.70 2/17/2006 Hawkeye Fire & Safety (Fire Extinguisher test/maintenance) $124.95 2/21/2006 Iowa Workforce Development - Elevator Safety Division (2006 Oper Pem $125.00 2/21/2006 EarthTech(RW7/25 Progress Billing) $1,460.50 2/21/2006 EarthTech(RW7/25 Box Culvert Progress Billing City Fund 3416) $10,604.98 2/21/2006 EarthTech(Grading Final Design Progress Billing) $11,573.24 2/21/2006 EarthTech (T-Hangar, Pavement Rehab, Property Survey) $149.35 $3,285.95 2/28/2006 PIP Document Printing (Envelopes) $57.06 Airport Expenses $2,826.12 City Fund Expenses $205,467.67 Total Expenses $208,293.79 Pending Approval Total Pending Expenses $0.00 HISTORY I L' 11 to '■C ■. s red-letter dayAµ Se i f By 1921 emergency landing Havilland DH-4 biplane to a near. crash landing; S will DE Of airmail plane put That landing, 35 years ago today,be E. Iowa On flight map became a dramatic high point of the present grueling, 33-hour cross-country flight in thei that saved the U.S. Postal Service's or the By Grant Schulte fledgling airmail ro 1Km" h' their b IO WA CITY — A nasty, frigid wind whipped Eastern Iowa's skies the night Jack Knight'flew his biplane to the Iowa City Airport on route to aviation history. In a blizzard, with a belly frill of coffee and newspapers stuffed into his coat for warmth, the daring airmail. pilot heading for Chicago spotted.rail- road flares that marked Iowa City's landing field. It was Jets — around A or 5 a.m. — as Knight :guided his de who flew from North, Platte, Neb , to provide Chicago, was one of seven pilots who mg a n showed Congress airmail could work; the Se, even at night :or in bad weather. Interne To honor the Feb. 23, 1921, flight, State the National Postal Museum in Wash "` cials I ington, D.C., unveils an exhibit, today • sex off commemorating Knight. and his National Postal Museum site to achievements, in spokeswoman Eighty-five years ago today, pilot Jack Knlgllt {at fight in this maps tl Allison Gallaway said. undated photo) made an emergency landing in Iowa City and gave tion of Knight, who. later became vice Iowa City a place in history, During a 33-hour, cross-country trip, The i Knight and six other pilots proved the worth of the U.S, postal Investi ► FLIGHT, RAGE GA Service's airmail program. P;SEX MONEY .. BIRDSLOVE 1 TO TRUEL AROUND I FM MW 45914 gj00�0�0111II4 WEEKEND! / W 11 POP OFF / 1D C CALIFORNIA GUITAR TRIO NO EXCUSES :4 ' E PERFORMS AT ENGLERT FOR BRITNEY C Index Calendar , 3D ,EEditural..4.6A Lottery 9 Accent .. D ClassiPotl .., C History'.... 21 Advice ....... 3D ry 10E Money 7-Sf Conucs.,,34D Horoscape 6E Matoting....31 Y Movies W Stocks ...7B People .. 7A Tv ............ 2D l t Puzzles ... ttlE Westin 10E e d Alf miafl POIIft (from San Francisco to New York) r Seven pilots took part in the transcontinental flight, going 2,629 miles d s. in 33 hours and20 minute r- ly e- er in 0, or m M In da the le r a h Y `z lettemap T Flight/Pilot scuttled 1 landing in Des Moines Po -FROM PAGE 1A in Nevada. ' Knight left president of safety for United �:; Omaha- at 2 ' Airlines, never intended to a.m., according land in Iowa- City. His leg of. t, to the, U.S. the flight should have ended Centennial of in Omaba, Neb. But his relief Flight Commis - pilot failed to show, so he sion. He decided to continue to Chica Jack KnSght planned to go with nothing but a road pilot land in Des map and compass. Moines but & "The guy was insane," said tided against it after seeing Jay Ifoneck who owns Iowa that runway obscured. by , City's Alexis Park Inn & snow. Suites near the airport and A lone night watchman in has studied the airport's his Iowa City heard the plane " toffy. "He was in an open and lit railroad flares to help cockpit, in winter, at night, ,guide him in. knight landed with no navigational gear. in a 25 mph wind nearly ' But it put Iowa City on the crashing, and rested before aviation map." finishing his leg to Chicago. Airmail flights at the time 'Knight, who flew mail were notoriously dangerous. through 1927, died in 1945 at Flying in World War I relics If you ever want to woT- meant for combat, not cargo, ry Your head, lust Tay to find rowa pilots often endured subzero Iowa City an a dark night temperatures in open air, little more than with a good snow and fog wearing leather and ... fur flight suits. In hanging around, he told the New York. Times about his: day before Knights: x contact the: writer. (319) 3393162 of a pilot callYing the grant.schulte@gazettecommunlcatlong. mail crashed and died com RESOLUTION NO. RESOLUTION AUTHORIZING THE CHAIRPERSON TO EXECUTE AND THE SECRETARY TO ATTEST TO A CORPORATE HANGAR LEASE BETWEEN THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, AND DON GURNETT WHEREAS, the Airport Commission of the City of Iowa City has negotiated a lease for Corporate hangar No. 34 ("Corporate Hangar Lease"), 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 March 1, 2006 through February 28, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY: 1. That the proposed hangar lease for Corporate Hangar No. 34, is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to the corporate hangar lease between the Airport Commission and Don Gurnett, a copy of which is attached. Passed and approved this Approved By: CHAIRPERSON ATTEST: SECRETARY It was moved by and upon roll call there were: Ayes and seconded by Nays City Attorney's Office the Resolution be adopted, Absent Farris Hartwig Horan Rettig Staley CORPORATE HANGAR LEASE This T-HANGAR LEASE ("Lease") entered into by and between the Iowa City Airport Commission ("Commission") and Don Gurnett ("Tenant") in Iowa City, Iowa. In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties hereby agree as follows: 2. Lease of the Hangar Space. The Commission hereby leases to Tenant hangar space in Hangar #_34_ (the "Hangar Space") located at the Iowa City Municipal Airport (the "Airport") and described as follows: Building G, corporate hangar with a 48' bifold door. The Hangar Space shall be used and occupied by Tenant principally for the storage or construction of the following aircraft: Aircraft Make & Model North American SNJ-4 Aircraft Registration Number N7692Z Aircraft Registered Owner Name Donald A. Gurnett Registered Owner Home and Business Telephone Numbers: 4664 Canterbury Ct, Iowa City, IA 52245 Phone: 319 338- 4738 or 319 335-1697 Tenant shall promptly notify the Commission in writing of any change in the information furnished above. Tenant may request permission to store a substitute aircraft in the Hangar Space by making a written request to the Commission. In the event Tenant is permitted to store a substitute aircraft in the Hangar Space, all provisions of this Lease applicable to the Aircraft shall also be applicable to the substitute aircraft. If the Tenant sells the aircraft listed above within ninety (90) days thereof, Tenant shall Lease shall be terminated. Term. and does not acquire replacement aircraft immediately notify the Commission, and this The term of this Lease shall commence on March 1, 2006, and shall end on the last day of the month of February, 2009. Tenant agrees to notify the Commission 45-days prior to the expiration of the existing term in order to facilitate the Commission in locating another tenant. In the event Tenant shall continue to occupy the Hangar Space. beyond the term of this Lease without executing a Lease for another 12-month term, such holding over shall not constitute a renewal of this Lease but shall be a month -to -month tenancy only. 3. Rent. For use of the Hangar Space, Tenant shall pay the Commission the amount of $ 310 per month, payable in advance on the first day of each month. A 1.5% late fee (which is $ 4.65 per day) for rent not received by the Commission will be charged after the fifteenth (15) day of each month. 4. Security Deposit. At the time of execution of this Lease, Tenant shall pay to the Commission in trust the sum of one month's rent to be held as a rental deposit. At the termination of the Lease, the Commission shall return the deposit to the Tenant less any amounts due to repair damage, conduct cleanup or owed to the Commission. If the Tenant renews the lease each year, the deposit will be held over for the next year. Use of the Hangar Space. a. The Hangar Space shall be used primarily for storage or construction of the Aircraft consistent with FAR and the Minimum Standards. This provision is not to be construed as a prohibition for storage of maintenance materials, cleaning materials, tools, parts, spares, and other aircraft components. b. Tenant may park his/her car in the Hangar Space during such time that Tenant is using the Aircraft. C. No commercial activity of any kind shall be conducted by Tenant in, from or around the Hangar Space. d. No maintenance, including painting, on the Aircraft shall be performed in the Hangar Space or anywhere on the Airport without the prior written approval of the Commission, except such maintenance as performed by the Tenant on his or her own aircraft as permitted by the FAA. Tenant shall take steps to ensure that the performance of such maintenance work shall not damage the Hangar Space or the Airport where the work is performed or emit offensive odors. e. Tenant shall be responsible and liable for the conduct of its employees and invitees, and of those doing business with it, in and around the Hangar Space. Tenant shall keep the Hangar Space clean and free of debris at all times. f. In utilizing the Hangar Space during the term of this Lease, Tenant shall comply with all applicable ordinances, rules, and regulations established by any federal, state or local government agency. g. Tenant shall dispose of used oil only in approved receptacles. h. At no time shall Tenant start or run his/her Aircraft engine(s) within the. Hangar or Hangar Space. j. On the termination of this Lease, by expiration or otherwise, Tenant shall immediately surrender possession of the Hangar Space and shall remove, at its sole expense, the Aircraft and all other property therefrom, leaving the Hangar Space in the same condition as when received, ordinary wear and tear excepted. k. Tenant shall be liable for any and all damage to the Hangar or to the Hangar Space caused by Tenant's use, including, but not limited to, bent or broken interior walls, damage due to fuel spillage, or damage to, doors due to Tenant's improper or negligent operation. 6. Rights and Obligations of Tenant. Tenant shall have at all times the right of ingress to and egress from the Hangar Space, except as provided in Paragraph 12. To ensure this right, the Commission shall make all reasonable efforts to keep adjacent areas to the Hangar Space free and clear of all hazards and obstructions, natural or manmade. b. Tenant shall be responsible to maintain the interior of the Hangar Space to include janitorial services, maintaining all interior lights, cleaning of stoppages in plumbing fixtures and drain lines, cleaning of snow within two (2) feet of the apron adjoining the Hangar Space, disposing of any debris or waste materials, and maintaining any Tenant constructed structures and equipment. The Commission shall be the sole judge of the due maintenance undertaken by the Tenant, and may upon written notice, require specific maintenance work to be completed. If such maintenance is not completed within a reasonable time period, the Commission shall have the right to perform such due maintenance, and Tenant shall reimburse the Commission for the cost of such maintenance upon presentation of a billing. C. Tenant shall provide and maintain hand fire extinguisher for the interior of the Hangar Space of the building in accordance with applicable safety codes. Tenant shall not store any materials outside the Hangar Space. e. Tenant shall promptly notify the Commission, in writing, of any repairs needed on the Hangar or to the Hangar Space. 7. Rights and Obligations of the Commission. a. The Commission shall at all times operate and maintain the Airport as a public airport consistent with and pursuant to the Sponsor's Assurances given by Authority to the United States Government under the Federal Airport Act. b. The Commission shall not unreasonably interfere with the Tenant's use and enjoyment of the Hangar Space. C. The Commission shall maintain and keep the Hangar and Hangar Space in good repair except for the maintenance obligations of Tenant set forth in the Lease. In no event, however, shall the Commission be required to maintain or repair damage caused by the negligent or willful act of Tenant, its agents, servants, invitees, or customer. However, if due to any negligent or willful act by the Tenant, its agents, servants, invitees or customer, there is a need for maintenance or repair of damage, then Tenant shall so such maintenance or repair in a prompt, reasonable manner, as approved by the Commission. d. Snow shall be removed from in front of Hangar Space to within at least two (2) feet of the Hangar. Snow removal closer than two (2) feet is the responsibility of the Tenant. e. The Commission shall ensure appropriate grounds keeping is performed year round. Sublease/Assignment. Tenant shall not sublease the Hangar Space or assign this Lease without the prior written approval of the Commission. 9. Condition of Premises. Tenant shall accept the Hangar Space in its present condition without any liability or obligation on the part of the Commission to make any alterations, improvements or repairs of any kind on or about said Hangar Space. 10. Alterations. Tenant shall not install any fixtures or make any alterations, additions or improvements to the Hangar Space without the prior written approval of the Commission. All fixtures installed or additions and improvements made to the Hangar Space shall, upon completion of such additions and improvements, become Commission property and shall remain in the Hangar Space at the expiration or termination of this Lease, however terminated, without compensation or payment to Tenant. Fixtures include, but are not limited to, locks, brackets for window coverings, plumbing, light fixtures, luminaries, and any item permanently attached to the wall, floor, or ceiling of the Hangar Space by means of cement, plaster, glue, nails, bolts, or screws. 11. Hazardous Materials. a. With the exception of Paragraph 11 c below, no "hazardous substance," as defined in Iowa Code section 45513.411 (2005), may be stored, located, or contained in the Hangar Space without the Commission prior written approval. (The Iowa Code can be found online at www.leqis.state.ia.us/1ACODE. The. U.S. Code can be found online at www.findlaw.com/casecode/uscodes/index.htmi Federal regulations can be found online at hftr)7/ANww.access.,qpo.gov/nara/cfr/cfr-table- search.html ' ) Petroleum products and their byproducts for personal use may be stored or present in the Hangar Space if said substances are contained in approved containers. b. With the exception of Paragraph 11c below, Tenant shall handle, use, store and dispose of fuel petroleum products, and all other non -"hazardous substances" owned or used by it on the Airport in accordance with all applicable federal, state, local and airport statutes, regulations, rules and ordinances. No waste or disposable materials shall be released on the ground or in the storm sewers. Should such materials be spilled or escape from storage or in any way contaminate the Airport or property adjacent to the Airport through activities of the Tenant, the Tenant shall be responsible for the clean up, containment and otherwise abatement of such contamination at Tenant's sole cost and expense. Further, Tenant shall notify the Commission and appropriate governmental agency of such occurrence immediately. Should Tenant fail to do so, the Commission may take any reasonable and appropriate action in the Tenant's stead. The cost of such remedial action by the Commission shall be paid by the Tenant. c. Tenant may have the following materials stored in the Hangar Space: 2 barrels of engine oil 2 1/2 gallons gasoline for motorized tugs (but no aviation fuel or gasoline in drums) 1 gallon of cleaning solvents 12. Special Events. During any special event at the Airport, including but not limited to the Sertoma Breakfast or Fly Iowa, Tenant acknowledges that the standard operating procedure at the Airport may be altered such that egress and ingress to the Hangar Space may be altered by the Commission in writing. Tenant's failure to comply with the altered procedure is a default of this Lease, and the Commission may proceed to terminate this Lease. 13. Airport Rules and Regulations. Tenant agrees to be subject to Airport rules and regulations upon adoption by the Commission or provide 30-days notice to terminate this Lease. Commission shall provide Tenant with a copy of said rules and regulations 30-days prior to their effective date. 14. Access and Inspection. The Commission has the right to enter and inspect the Hangar Space at any reasonable time during the term of this Lease upon at least 24 hours notice to the Tenant for any purpose necessary, incidental to or connected with the performance of its obligations under the Lease or in the exercise of its governmental functions. In the case of an emergency, the Commission may enter the Hangar Space without prior notice but will provide notice to the Tenant after the fact. The Commission shall not, during the course of any such inspection, unreasonably interfere with the Tenant's use and enjoyment of the Hangar Space. At a minimum, the Hangar Space will be inspected annually. Upon execution of this Lease, the Tenant subsequently changes the lock to the Hangar Space, he or she shall provide shall provide notice to the Commission before he or she does so and shall provide a new key to the Commssion within twenty-four hours of doing so. 15. Insurance. a. Tenant shall at its own expense procure and maintain general liability and casualty insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coverage Comprehensive General (or Premises) Liability - Each Occurrence $1,000,000 b. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Commission and the City of Iowa City, as additional insured. The Commission and Tenant acknowledge that a Certificate of Insurance is attached to this Lease. Tenant shall provide fifteen (15) days notice to the Commission before cancellation of said insurance. C. It is the Tenant's responsibility to keep the insurance certificate current. If the Certificate of Insurance expires during the term of the lease, the Tenant must provide a current certificate to the Commision within seven (7) days of when the Certificate expires. 16. Casualty. In the event the Hangar or Hangar Space, or the means of access thereto, shall be damaged by fire or any other cause, the rent payable hereunder shall not abate provided that the Hangar Space is not rendered untenantable by such damage. If the Hangar Space is rendered untenantable and Commission elects to repair the Hangar or Hangar Space, the rent shall abate for the period during which such repairs are being 17 18. 19. 20. made, provided the damage was not caused by the acts or omissions of Tenant, its employees, agent or invitees, in which case the rent shall not abate. If the Hangar or Hangar Space is rendered untenantable and Commission elects not to repair the Hangar or Hangar Space, this Lease shall terminate. Indemnity. Tenant agrees to release, indemnify and hold the Commission, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the Commission by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non - performance by Tenant or its .servants, employees or agents of any covenant or condition of the Lease or by any act or failure to act of those persons. The Commission shall not be liable for its failure to perform this Lease or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other,. cause beyond Commission's control. Disclaimer of Liability. The Commission hereby disclaims, and Tenant hereby releases the Commission from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the Aircraft or other property of Tenant that may be located or stored in the Hangar Space, unless such loss, damage or injury is caused by the Commission's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Commission be liable for indirect consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Hangar Space under this Lease. Attorney Fees. If the Commission files an action in district court to enforce its rights under this Lease and if judgment is entered against the Tenant, Tenant shall be liable to and shall pay for the Commission's attorney fees incurred in enforcing the Lease and in obtaining the judgment. Default. This Lease shall be breached if: (a) Tenant fails to make the rental payment; or (b) Tenant or the Commission fails to perform any other covenant herein and such default shall continue for five (5) days after the receipt by the other party of written notice. Upon the default by Tenant, or at any time thereafter during the cintinuance of such default, the Commission may take any of the following actions and shall have the following rights aganst Tenant: a. Termination. Commission may elect to erminate the lease by giving no less than thirty (30) days prior written notice thereof to Tenant and upon passage of time specified in such notice, this lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herin fixed for expiration of the Term and Tenant shall remain liable as provided in this paragraph. b. Eviction. Commission shall have the immediate right upon Termination of this lease to bring an action for forcible entry and detainer. c. Tenant to remain liable. No termination of this lease pursuant to this paragraph by operation or otherwise, and no repossession of the hangar space or any part thereof shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession, or reletting. d. Damages. In the event of any termination of this lease or eviction from or repossession of the hangar space or any part thereof by reason of the occurrence of an Event of Default, Tenant shall pay to the Comission the rent and other sums and charges required to by paid by the Tenant for the period to and including the end of the Term. 21. Security. Tenant acknowledges that the FAA or another governmental entity or subdivision may enact laws or regulations regarding security at general aviation airports such that the Commission may not be able to comply fully with its obligations under this Lease, and Tenant agrees that the Commission shall not be liable for any damages to Tenant that may result from said non-compliance. 22. Thirty (30) Days Termination. Either party to this Lease shall have the right, with cause, to terminate this Lease by giving thirty (30) days' prior written notice to the other party. 23. Non -Discrimination. Tenant shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 24. FAA Provisions. a. Tenant, for itself, heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. b. Tenant, for itself, personal' representatives, successors in interest, and assigned, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that Tenant, shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. C. It in understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. This Lease shall be subordinate to the provisions of any outstanding or future agreement between the Commission and the United States government or the Commission and the State of Iowa relative to the maintenance, operation, or development of the Iowa City Municipal Airport. Tenant acknowledges and agrees that the rights granted to Tenant in this. Lease will not be exercised so as to interfere with or adversely affect the use, operation, maintenance or development of the Airport d. Tenant agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Tenant may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. e. The Commission reserves the right (but shall not be obligated to Tenant) to maintain and in repair the landing area of the airport and all publicly -owned facilities of the airport, together with the right to direct and control all activities of Tenant in this regard. f. The Commission reserves the right further to develop or improve the landing area and all publicly -owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of Tenant, and without interferences or hindrance. g. The Commission reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstructions, together with the right to prevent Tenant from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of the Commission would limit the usefulness of the airport or constitute a hazard to aircraft. h. During time of war or national emergency, the Commission shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly -owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. i. It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport. There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the airport. k. The Lease shall become subordinate to provisions of any existing or future agreement between the Commission and the United States of America or any agency thereof relative to the operation, development, or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. 25. Remedies Cumulative. The rights and remedies with respect to any of the terms and conditions of this Lease shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party in law or equity. 26. Notices. Any notice, for which provision is made in this Lease, shall be in writing, and may be given by either party to the other, in addition to any other manner provided by law, in any of the following ways: a. by personal delivery to the Commission Chairperson b. by service in the manner provided by law for the service of original notice, or C. by sending said Notice by certified or registered mail, return receipt requested, to the last known address. Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. (1) If to the Commission, addressed to: Iowa City Airport Commission Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 (2) If to Tenant, addressed to: Email: 27. Airport Commission Designee. The Airport Commission will designate an individual to manage the Hangar Space and to deliver all notices and demands from the Commission, to receive keys to the Hangar Space as provided in Paragraph 14, and to perform inspections as provided in Paragraph 14. 28. Integration. This Lease constitutes the entire agreement between the parties, and as of its effective date supersedes all prior independent agreements between the parties related to the leasing of the Hangar Space. Any change or modification hereof must be in writing signed by both parties. 10 29. Waiver. The waiver by either party of any covenant or condition of this Lease shall not thereafter preclude such party from demanding performance in accordance with the terms hereof. 30. Successors Bound. This Lease shall be binding and shall inure to the benefit of the heirs, legal representatives, successors and assigns of the parties hereto. 31. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Lease, the entire Lease shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. IOWA CITY AIRPORT COMMISSION By: Title: TENANT: By: Title: C Hangar Lease 9-05 Date: Approved: 3-a-3�- City Attorney's Office