Loading...
HomeMy WebLinkAbout09-09-2004 Airport Commission9 l/ SEP 7 2004 [gild -IN klv#_11:1;L91 A Zels]-PihiI &-mro l MEETING AGENDA AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE IOWA CITY, IOWA THURSDAY, SEPTEMBER 9, 2004 — 5:45 P.M. DRAFT 1. Determine Quorum 2. Approval of Minutes from July 17, 2004 meeting 3. Public Discussion - Items not on the agenda 4. Unfinished Items for Discussion/Action 5. Items for Discussion/Action: A. Aviation Commerce Park i. Report by Iowa Realty ii. Other issues B. Runway 07 Project - Earth Tech C. 2004-2005 Hangar Leases D. Airport Budget E. Airport Management F. Obstruction Mitigation - Stanley Consultants G. Strategic Plan (discussion will begin at 7:00 p.m.) 6. Chairperson's Report 7. Commission Members' Reports 8. Staff Report 9. Set next regular meeting for October 14, 2004 at 5:45 p.m. 10. Adjourn MINUTES IOWA CITY AIRPORT COMMISSION DRAFT SATURDAY JULY 17.2004 CITY HALL CONFERENCE ROOM CALL TO ORDER: Chairperson Hartwig called to order at 4:00 MEMBERS PRESENT: Randy Hartwig, John Krstenansky, John Staley, Daniel Clay MEMBERS ABSENT: Carl Williams STAFF PRESENT: Sue Dulek, Ron O'Neil OTHERS PRESENT: None PUBLIC DISCUSSION NOT ON THE AGENDA: None ITEMS FOR DISCUSSION/ACTION Airport Budget- Hartwig said the issue to be discussed is the airport budget, specifically as it relates to the Airport Manager's position. Clay indicated the budget must be reduced. The only item amenable to reduction in his opinion was the personnel line. Clay suggested reducing the Airport Manager position from the present full time to 40% and no benefits effective November 1. John Staley agreed there isn't much else to cut except personnel. Hartwig said the present situation at the airport cannot support the present personnel costs. John Krstenansky said we need to prioritize the activities of the manager's position. Ron O'Neil replied that he was shocked. He questioned if the Council needed to approve any reduction of positions. Sue Dulek replied they did not; the manager is employed at the will of the Commission. Ron O'Neil said that in the recent past a Commission member had tried to make a deal to remove the Airport Manager; that this made the Council irate at the Commission. He said that the Commission is mistaken if it thinks this is just about money. John Krstenansky replied that the Council will do what they think best and the Commission also must do what it feels is best. He said the Commission must look at the present situation like a business and aim for self-sufficiency as much as possible; any business gets its expenses in line first - personnel cost are 1/3 of the budget. Dan Clay moved and John Krstenansky seconded to terminate the present contract of the Airport Manager effective 10-31- 04. The motion carried 4-0. Dan Clay moved and John Staley seconded to offer Ron O'Neil a contract for 40% of full time with no benefits effective 11-1-04. Motion carried 4-0. ADJOURNMENT: Meeting was adjourned at 4:20 14� Z Randy Hartwig, Chairper on _ �Qia i2 Ml��/e�� III13 September 2, 2004 Scott Pottorff, MMS Consultants 1917 S Gilbert Street Iowa City, IA 52240 Re: Davis Second and Third Addition Dear Scott: '00d City of .A C I have discussed the Davis Second and Third Addition proposal with engineering and planning staff, and can clarify staffs position on the location of Dane Drive. There are several reasons to not be favorable toward the proposed configuration of Dane Drive opposite the Carousel Ford entrance on Mormon Trek Boulevard. Construction of Dane Drive opposite the Carousel Ford entrance will prevent full utilization of the planned dual left turn lanes for the northbound to westbound traffic movement at the Mormon Trek Boulevard/Highway 1 intersection. Because Dane Drive will also require a turn lane off of Mormon Trek Boulevard, due to the commercial and industrial traffic it will carry, it needs to be further south from Highway 1 to avoid its southbound left turn lane conflicting with the northbound left turn lanes. 2. The proposed location of Dane Drive on the outside of a horizontal curve compounds the left turn lane conflict, particularly for the commercial and industrial truck traffic Dane Drive is expected to carry. 3. Staff is also concerned with how close the proposed Dane Drive is to the runway protection zone and obstacle free area. It is unclear how the FAA would view a new road at this location, and what restrictions there may be on lighting, setbacks, etc, when there is an alternative location for the road further from the runway protection areas. 4. The property controlled by the Airport was purchased with federal funds. It is unclear what approvals and mechanisms are necessary to allow land purchased with federal funds for the purpose of airport/runway expansion and protection to be used for a public street carrying commercial/industrial traffic. For these reasons, Dane Drive should intersect Mormon Trek Boulevard opposite the north leg of City View Drive, and should extend to the east / north east to intersect 'old' Dane Road. We would plan for it to continue to the east along the south side of the proposed stormwater detention basin when the land to the east is annexed and subdivided. We recommend avoiding using City/Airport property for the road; however, 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356.5000 • FAX (319) 356-5009 if there is a desire to pursue this the subdivider/developer will be responsible for obtaining approval from the FAA, and for constructing the road through the public property to the (Dane) property line. Regarding a north -south connection between the two roads proposed in the Davis Second and Third Addition, staff feels there is a need for the ability for traffic to circulate between the two streets. This may be a public street where old Dane Road is located, or it may be an access easement through one of the lots between the two streets. Because there is uncertainty at this point about how the land to the east will develop or not develop, it is difficult to recommend how the north -south connection should occur. At this point, we recommend escrow (1/2 the estimated reconstruction cost) be obtained for the potential reconstruction of Dane Road, and an access easement be shown between the two streets in the vicinity of Lot 9. This access easement may be shifted when a site plan is developed for Lot 9; the escrow would be returned if a public street is not constructed where old Dane Road is now located. Regarding the storm water basin, staff is comfortable in theory with its location. As you know more detail is required related to how storm water will be conveyed to this basin, and what impacts there will be to public (Airport) property. We recommend there be correspondence with the FAA related to this basin, and whether any approvals are needed related to it being so close to a runway. Ross Spitz is doing a little more investigation of this question with Earth Tech, the firm administering the runway extension project. I will copy this letter to Dave Larson and Jim Davis. Feel free to distribute it others as you see fit. Please contact me at 356-5247 / iohn-yapp a)!owa-city.org or Ross Spitz at 356-5149 / ross-soitzaiowa-city.oro if you have questions or would like to discuss the subdivision. Sincerely, John Yapp Associate Planner Cc: Ross Spitz Jeff Davidson Bob Miklo Sarah Holecek Dave Larson Jim Davis IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 August 13, 2004 Dear City Council, Last night at the Airport Commission meeting we voted to terminate the contract with the current airport manager. Please be assured that arrangements are in place for full-time day to day management of the airport. The current FBO Jet Air will provide these services on an interim basis until the completion and implementation of the new Airport Strategic Plan. At that time, the Commission will determine and implement a management structure best suited to reach our goals. Thank you for your support. cerely, Randy Hartwig Iowa City Airport Commission IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 FOR IMMEDIATE RELEASE August 12, 2004 Iowa City Airport Commission Changes Airport Management The Iowa City Airport Commission voted to terminate the contract with the current airport manager effective immediately. The Commission has authorized the Commission chair to negotiate a contract with Jet Air, Inc., the current fixed base operator at the airport, to provide full-time management services on an interim basis. The actions were taken at the regularly scheduled Airport Commission Meeting held August 12, 2004 at the Iowa City Airport terminal building. The Commission intends to contract with Jet Air, Inc. to provide management services until the completion and implementation of the new Airport Strategic Plan, which is scheduled to be complete late Fall 2004. At that time, the Commission will determine and implement a management structure best suited to reach the goals of the strategic plan in the most cost-effective and efficient manner. a Airport ✓ GAR LEASE .("Lease') entered. into .by and been `the .Iowa city IF-.Thi's THAN ('Tenant'll h .. Jt?WA, Cn� `��oW(A mission �'Commission'� and onsideration of the !n aal cov ee asfo�lntailowsned herein,and for other good an �O ivablecosideration, the.parties hereby Qar j. Lease of the Hangar Space• ace in H#__-- (the leases toTenant .hangar sporY and described The Commission located at the Iowa City, Municipal Airport (the llAire 7 pied Hangar Space,] Hangar Space shall be used q rccrreft as follows: 7-hangar with a bifold door. The Hang by Tenant principally for the storage or construction of the following Make & Model Aircraft Kegisrul— � ..... Registered owner Home and Business Tele Tenant shall promptly notify the Commission in writing of any change in the information famished above. Tenant may request permission the Comm scion. substitute the evenaircraft Tenant s Hangar Space by making a written req ace, all provisions of this Lease ficable to the substitute aircraft. permitted to store a substitute aircraft in the Hangar p applicable to the Aircraft shall also be app 2. Term. 200_ and The term of this Lease shall commence on 200_ shall end on the last day of the month of ase, the and conditions of this Le ll terms one-year lease 'at Provided Tenant is in compliance acknowledges that Tenant�wll likely be ff offered another ges th t rent will likely be Commission aof t ear lease. if Tenant does not.mtend to execute the expiration of the term of this Lease, and Tenant increased under the subsequentft'one-;ear term in order to another lease following iration, of the the term of this Lease, Tenant agrees o notify the Commission 45 days Prior to th@ expiration of the existing facilitate the Commission in locating another tenant. in the event Tenant shall continue to occupy the Hangar Space beyond the term° shall notLeaf thissconstitutee without earenewal of the for another't2-month term, such holding Lease but shall be a month -to -month tenancy only. 3. Rent Tenant shall pay the Commission the amount of For use of the Hangar Space, of each month. A 1.5% per month, payable in advance on the first day the Commission will per day) for rent not received by late fee (which is $� — day of each month. be charged after the fifteenth ( ) 4. SecuritylDarnage Deposit. to the Commission intrust the osit. At the termination of the Lease, At the time of execution of this Lease, Tenant sha pay amounts necessary to sum of one month's rent to be held deposit to the as a lTenant less any fepa Commission conduct cleanup or owed to the Airport Commission. If the tenant a renews the lease each year, the deposit will be held over for the next year. 5. Use of the Hangar Space. a. The Hangar Space shall be used primarily for storage or construction of the Aircraft consistent with FAR and the Minimum Standards. This provision is not to be construed as a prohibition for storage of maintenance materials, cleaning materials, tools, parts, spares, and other aircraft components. b. Tenant may park his/her car in the Hangar Space during such time that Tenant is using the Aircraft C. No commercial activity of any kind shall be conducted by Tenant in, from or around the Hangar Space. d. No maintenance 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. 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. 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. j. Tenant Shall be liable for any and all damage to the Hangar or to the Hangar Space caused by Tenant's use, including, but not limited to, bent or broken interior walls, damage due to fuel spillage, or damage to doors due to Tenant's improper or negligent operation. 6. Rights and Obligations of Tenant. a. Tenant shall have at all times the right of ingress to and egress from the Hangar Space, except as provided in Paragraph 12. To ensure this right, the 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 ken by the Commission shall be the sole judge of the due undert maintenance a work to be Tenant, and may upon written notice, require specific maintenance completed. If such maintenance is not completed within, a reasonable time period, .the Commission shall have the right to perform such due maintenance, and Tenant shall reimburse the Commission for the -cost of such maintenance upon presentation of a billing. c. Tenant shall provide and maintain hand fire extinguisher for the interior of the Hangar Space of the building in accordance with applicable safety codes. d. Tenant shall not store any materials outside the Hangar Space. e. Tenant shall promptly notify the Commission, in writing, of any repairs needed on the Hangar or to the Hangar Space. 7. Rights and Obligations of the commission. a. The Commission shall at all times operate and maintain the Airport as a public airport consistent with and pursuant to the Sponsor's Assurances given by Authority to the United States Government under the Federal Airport Act b. The Commission shall not unreasonably interfere with the Tenants 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. to within at least five d feet of shalbe removed l Snowrom in front of Hangar rr removal closer than five(5)f et is the ` Snow e responsibility tyof the Tenant. e. The Commission shall ensure appropriate grounds keeping is performed year round. 8. Sublease/Assignment- Tenant shall not sublease the Hangar Space or assign this Lease without the prior written approval of the Commission. 9. Condition of premises. 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. 4 Alterations. W 12. 13. 14. 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 concrete, plaster, glue, nails, bolts, or screws. Hazardous Materials. a. No "hazardous substance," defined in Iowa Code section 40B.411 (200� may be stored, located, b ntained in the Hangar Space without the Commission prior writt oval. (The Iowa Code can be found online at The U.S. Code can be found online at www.findlaw.com/case uscodesfindex.html Federal regulations can be found online atwww.access.ono. oov/nara/cfrlcfr-reve. 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. A-- gklq-- Se- . b. 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 Tenanrs stead. The cost of such remedial action by the Commission shall be paid by the Tenant 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. 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 and regulations 30-days prior to their effective date. 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. inddental to. or connected with, the . performance or ns obligations under the Lease or in the. exercise of its governmental functions, In the case the Commission may enter the Hangar Space withoutp or of an emergency, a Commission shalt notice but will provide noticeu th pe�onn Tenant with the. Tenants not, during the course of any ate. At a minimum, the Hangar Space will be use and enjoyment of the Hangar Sp inspected annually. Upon execution of this Lease, the Tenant shall provide. notice changes e lock to the Hangar Space, he or she shall provide; shall providoeC mmss on Commission before he or she does so and shall provide a new key within twenty-four hours of doing so. 15. Insurance. and knd maintain general a, Tenant shall at its own expensorpcompanies authorized o do business �in the casualty insurance in a company State of Iowa, in the following amounts: Tvae oT overage Comprehensive General (or premises)Liability Each Occurrence $1,000,000 of Iowa City, as additional insured. The b. Tenants insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Commission and the City Commission and Tenant acknowledge that a Certificate of insurance is'attach ed fifteen (15) days notice to the Commission to.this Lease. Tenant shall provide. before cancellation of said insurance. the insurance certificate current. If the C. It is he (enant's responsibility to keep certificate Certificate of Insurance expires during the term of the lease, the Tenant must provide a current certificate to the�wi in 7 days of when the cerhfi expires. 16. Casualty. accessngar r the means of In the event tfrHangar any other cause,athe orent payable here nu der shall not abate damaged by such damage. if the provided that the Hangar Space is not rendered untenantable by Hangar Space is rendered untenantable and Commission elects to repair the Hangar or rthe d ss being Hangar o,the rent shall y he- acts oom sionof Te nt s madePvidedwas not b employees, agent or invitees, in which case the rent shall not abate. If he Hangar o Hangar Space is rendered untenantable and Commission elects not to repair the Hangar or Hangar Space, this Lease shall terminate. 17. Indemnity. Tenant agrees to release, indemnify and hold the Commission, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all loss'or damage to any property or injury costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the Commission by reasonouof or y reason of any breach, violation or non - to or death of any person arising performance by Tenant or is servants, employees or agents of any covenant or perform this Lease or for any loss, injury, damage 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 top an act of God, fire, delay of any nature whatsoever resulting therefrom caused by Y flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Commission's control. 18. Disclaimer of Liability. The Commission hereby disclaims, and Tenant hereby releases the Commission from any and all liability, whether in contract or tort (including strict liability and negligence) for any. loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the Aircraft or other property of Tenant that may be located or stored in the Hangar Space, unless such loss, damage or injury is caused by the Commissions gross negligence or Intentional willful misconduct. The parties hereby agree that under no circumstances shall the Commission be liable for indirect consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated Profits or other damage related to the leasing of the Hangar Space under this Lease. 19. Attorney Fees. If the Commission files an action in district court to enforce its rights under this Lease and if judgment is entered against the Tenant, Tenant shall be liable to and shall pay for the Commission's attorney fees incurred in enforcing the Lease and in obtaining the judgment. 20- Default. This Lease shall be breached if. (a) Tenant falls 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. 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 frgm 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 note 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 apart of the consideration heregf, does hereby covenant and agree 7 as a covenant running with the land that in the event facilities are constructed, maintained; or otherwise operated on thesaid property described In this picense, lease, permit, etc.) for a purpose for which a Department of Transportation programor activity is extended or for another, purpose involving the provision of similar services or benefits, the (licensee, lesseei 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. 0 25. 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 airporL 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. J. There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft,. now known br 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. 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. 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 Airport Manager or the Commission Chairperson b. by service in the manner provided by law for the service of original notice, or e. 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 Attn: AirportManager Iowa City Municipal Airport 1801 S. Riverside Drive Iowa City, IA 52246 (2) If to Tenant, addressed to: I I 27. Airport Manager. The Airport Manager Is the person designated by the Commission to manage the Hangar Space and to receive and deliver all notices and demands upon 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. parties, and as of This Lease constitutes the entire agreement between the its effective date supersedes all prior independent agreements between the parties related t the leasing of the Hangar Space. Any change or modification hereof must be in writing signed by both parties. 29. Waiver. nant or condition of this Lease shall not thereafter The waiver by either party of any cove 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 arties to this Lease, the entire Lease shall not be agency having jurisdiction over the p 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 - Title: Date: Approved: TENANT: By: City Attorney's Office Title: Date: • City of Iowa City, Iowa'- Official Web Site Page 1 of 8 A.. welcome services I imsiness cajenllar news lolls flenartments O city services I1 organization chart a city code a maps Good Afternoon! Frid News Releases MetLife Blimp is in Iowa City Tuesday, August 17, 2004 - 4:31:00 PM Originating Department: Airport Contact Person: Jet Air, Inc. Contact Number: 319-248-1200 The MetLife Blimp is currently circling over Iowa City, preparing for an overnight mooring at the Iowa City Airport tonight. It is a rare occasion that a blimp of this size is in the area. The blimp may be viewed from the terminal building (open during daylight hours) or the parking lot to the north of the terminal. Inside the terminal is a large glass viewing area, or there is also an observational platform on the 2nd story of terminal building. search City Resources iR City Channel •. Library Channel • News Releases Senior Center TV Local Media 41 TV KCRG, KGAN, KWWL PAN Ch. 18 N Print Gazette, IC Press Citizen, Daily Iowan Des Moines Register i Radio KCII, KCRG, KHAK, KRUI, KSUI, KXIC, WSUI, WMT 9 Cable Mediacom 0 Weather E-Services i Contact Us Subscribe to City Info. (ICGOV2U) home I services I business I calendar I news I jobs I departments City of Iowa City - 410 East Washington Street - Iowa City, IA 52240 Copyright ® 2003 City of Iowa City. All Rights Reserved, Contact Website Manager Web Policies Email and other communication sent to the City of Iowa City are subject to the Iowa open records law. http://www.icgov.org/news.asp?ID=2598 9/3/200. ing Schedule and City Council Meet Y September 1, 2004 :. Work Session Agendas CITY OF ►oWA CITY www.icgov.org TENTATIVE FUTURE MEETINGS AND AGENu Emma J. Harvat Hal! ♦ MONDAY, SEPTEMBER 6 Labor Day Holiday — City Office Closed Work Session Cancelled Emma J. Harvat Hall ♦ TUESDAY, SEPTEMBER 7 Formal Council Meeting Cancelled Emma J. Harvat Hall ♦ MONDAY, SEPTEMS eRl1 Council Work Session 6:30p Special. Emma J. Harvat Hall ♦ TUESDAY, SEPTEMBER14 7:00p Special Formal Council Meeting Emma J. Harvat Hall ♦ MONDAY, SEPTEMBER 20 Council Work Session Cancelled Emma J. Harvat Hall ♦ TUESDAY, SEPTEMBER 21 Formal Council Meeting Cancelled Emma J. Harvat Hall ♦ TUESDAY, SEPTEMBER 28 Special Work Session —Alcohol Issues Emma J. Harvat Hall ` ♦ MONDAY, OCTOBE 6:30p Council Work Session Emma J. Harvat Hall ♦ TUESDAY, OCTOB FoR 7:00p mal Council Meeting Emma J. Harvat Hall ♦ MONDAY, OCTOBEC18 6:30p uncil Work Session Emma J. Harvat Hall ♦ TUESDAY, OCTOBER 19 7:00p Formal Council Meeting Emma J. Harvat Hall ♦ MONDAY, NOVEMBER 6:30p Council Work Session Emma J. Harvat Hall ♦ TUESDAY, NOVEMBER 2 7:OOP Formal Council Meeting Meeting dates0nes4opics subject to change FUTURE WORK SESSION ITEMS Regulation of Downtown Dumpsters 09/03/2004 15:11 FAX 602 264 0750 CITY OF MUSCATINE iM002 CITY OF MUSCATM AIRPORT MANAGER'S AGREEMENT This Agreement, made and entered into this 15ei day of June, 2000, by and between the City of Muscatine, Iowa, a municipal corporation and Carver Aero Inc., WITNESSETH: WHEREAS, the City desires to contact with Carver Aero Inc., to manage and operate the Muscatine Municipal Airport for a period beginning June 15, 2000, and ending June 30, 2005; and WHEREAS, Carver Aero Inc. desires to manage and operate said airport for said City; NOW, THEREFORE, it is hereby -understood and agreed by and between the parties hereto that: . Carver Aero Inc. be, and hereby is, designated the Manager of the Muscatine Municipal Airport for a period of time beginning June 15, 2000, and ending June 36, 2005. Carver Aero Inc. shall identify a responsible person as company representative at the airport. A review of the terms of this Agreement and the duties and performance of the Airport Manager shall be held annually at the regular Airport Advisory Commission Meeting during January. 2. The Airport Manager shall not be an employee of the City of Muscatine, but shall be an independent contractor in accordance with the provisions of this Agreement and shall report to the City Administrator (City's representative). 3. The duties of the Airport Manager shall be as follows, to wit: A. To supervise all activity at said Airport and to assume all responsibility for all activities thereon; to maintain such Airport records as may be required by the City of Muscatine, to make those records available to the City at reasonable times, and to provide the City with information as needed about the operation of the Airport, to enforce any rules or ordinances of said City relative to said Airport, to inspect and report any matfimctions to said City and any condition at such Airport which may require correction or alteration; to operate and/or properly inspect the Airport lighting, REIL, Weather Equipment, VASI, SFO, and non -directional beacon systems; and to perform such other duties as may, from time to time, be assigned by the City of Muscatine or which may reasonably be required for the proper and safe operation of said Airport. B. Provide for the Airport Terminal Building to be open seven (7) days per week between the hours of 7:00 am. and 7:00 p.m., weather and conditions permitting, excepting Christmas, New Year's Day, Easter, and Thanksgiving. C. The Airport Manager or his representative shall attend all regular monthly Airport Advisory Commission meetings unless excused by the Commission Chairman or City Administrator. The Airport Manager is required to attend a minimum of two-thirds (2/3) of all meetings in a calendar year. 09/03/2004 15:12 FAX 564 264 0750 CITY OF MU9CATINE 10003 4. The responsibility of repair and maintenance shall be divided between the City and the Airport Manager under the following terms and conditions: A. The City shall, at its expense, maintain and keep in good repair the Airport and the exteriors of all buildings (as shown in Exhibit A) and improvements located thereon (including, without limiting the generality of the foregoing, the runways, taxiways, aprons, roadways, RRIL, Weather Equipment, SFO, VAST, non. directional beacon, field lighting, plumbing, heating, electrical fixtures, and utility lines and connections) and shall provide all necessary paint, all without expense to the Airport Manager. The facilities shall be maintained in such a manner that they may be reasonably used for the purpose for which they were constructed, provided that further maintenance of Building F, commonly known as the "Community Hangar" shall be at the sole discretion of the City. B. The Airport Manager shall, at his expense, famish labor for all painting inside the buildings on the Airport and labor for minor repairs that are of such nature that they can be performed by regular employees at the Airport. The Airport Manager shall, at his expense, keep the Airport Terminal Building (A) reasonably clean and orderly. C. The Airport Manager shall as often as may be reasonably necessary and remove weeds around all buildings and hard surfaces at the Airport. D. The Airport Manager shall remove from runways and lighting system taxiways, ramp, and hangar areas all snowfall up to and including six inches (6') which falls within twenty-four (24) hours. If more than six inches (0) of snow falls in a twenty-four (24) hour period, the City shall assist with the removal of said snow from parking lots, runways, taxiways, ramp, and hangar areas. After six inches (6") of snow, the City, as soon as reasonably possible, shall furnish such equipment and manpower as is reasonably necessary to remove snow from the runways to a point beyond the lights, from all of the taxiways, ramps, hangar areas, and parking areas to storage or waste areas so said snow will not further impede the functions of the Airport. Local snowfall amounts shall be determined by the National Weather Bureau at the Quad City Airport, as provided by the City's Waste Water Treatment Flant. E. The City shall provide and maintain the equipment it deems necessary and proper to facilitate.the removal of snow and ice. The City shall also pay, on a monthly basis, for the fuel used in said equipment which shall be obtained from records approved by the City, with such being identified by date, amount, and vehicle. F. The City will pay for all utilities, including electricity, gas, water, sower, and refuse collection for all the buildings and facilities on the Airport, except the Maintenance Hangar (Building B) and Community hangar (Building F) which are leased by the Fixed Base Operator and such buildings which are on the Airport by special agreement listed in Exhibit C. Cr. The Airport Manager shall make no alterations to any buildings or facilities at the Airport without the approval of the City. 109/03/2004 15:12 FAX 563 264 0750 CITY OF MUSCATINE 10004 H. The services performed by the Airport Manager under the terms and conditions hereof shall be to the standard that a reasonably prudent person would expect from a qualified Airport Manager. S. The City of Muscatine will provide general liability insurance, and fire and theft on the buildings and grounds of the Airport in such amounts that the City carries for other municipal facilities. The Airport Manager shall carry the following insurance coverage for his operation, including all employees employed by him: A. workers compensation insurance, including Employer's Liability and occupation Disease covering all Iowa employees for statutory Iowa benefits who perform any of the obligations assumed by the Airport Manager under the Agreement. The policy will contain a broad form, all -states endorsement. 13. Comprehensive General Liability, including independent contractors, completed operations and products, contractual liability, broad form property damage, and personal injury. Coverage must meet the following limits. Deductibles on bodily injury are not acceptable: Coverage • Combined Bodily Injury, Death, or Property Damage - $500,000 each occurrence and$1,000,000 aggregate • Umbrella Liability Coverage - $3,000,000 The Airport Manager shall provide the City of Muscatine a certificate of insurance evidencing that such insurance has been furnished, and the same will not be cancelled without thirty (30) days notice to the City. During the term of this Agreement, the City will annually review the insurance limits to assure the limits are in accordance with City policy and reserves the right to request the Airport Manager to increase the above insurance limits provided thirty (30) days prior notice is given by the City. 6. The rental of the tee hangars are one (1) through nineteen (19) located in Buildings H, I and 7 will be the responsibility of the City; however, the Airport Manager will assist the City with the enforcement of the Rules and Regulations attached hereto as Exhibit D, and as amended from time to time, and with the provisions of the hangar lease agreement attached as Exhibit E. Hangar Buildings C, D, E, and hangar number twenty (20) in Building 7 are leased by Special Agreements with the City, however, the Airport Manager shall assist the City with the enforcement of the provisions of the Agreements as listed in Exhibit C. 7. As compensation for such services to be rendered by Carver Aero Inc., the airport management services of the Muscatine Municipal Airport, the City shall pay the sum of $40,000 per year for the next five years payable in equal monthly installments. Negotiation for any alterations in this Agreement shall be undertaken no later than November 1 of each fiscal year. At the conclusion of the five-year (5-yedr) contract for services, the City and Carver Aero Inc. will begin negotiations for any renewal or extension of services beginning November 1, 2004. u9/09/2004 15:12 FA% 569 264 0750 CITY OF MUSCATINE 005 S. The City reserves the right, but shall not be obligated to the Airport Manager to maintain and keep in repair, the landing area of the Airport and all publicly owned facilities of the Airport. 9. The City reserves the right to further develop or improve the landing area and all publicly owned air navigation facilities of the Airport as it, sees tit, regardless of the desires or views of the Airport Manager. 10. The City reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent the Airport Manager from erecting, or permitting to be erected, any buildingor other structure on the Airport, which, in the opinion of the City, would limit the usefulness of the Airport or constitute a hazard to aircraft. 11. The City shall furnish and maintain, at its expense, such equipment as is necessary to maintain an official weather station at the Airport, to whatever extent is necessary to qualify for FAA approval. 12. The City shall have the right to enter into an Agreement with the United States Government for military aircraft or naval use of part or all of the landing areas, the publicly owned air navigation facilities and/or other areas or facilities of the Airport. If any such Agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the Agreement with the government, shall be suspended. 1.3. This Agreement shall be subordinate to the provisions of any existing or future agreement between the City and the United States, relative to the operation or maintenance of the Airport, the execution of which has been, or may be, required as a condition precedent to the expenditure of federal funds for the development of said Airport 14. Bight of Termination. The City may elect to terminate this Agreement for the default by the Airport Manager of the terms and conditions hereof on giving thirty (30) days written notice to the Airport Manager of the intention to terminate as follows: A. The City shall give ten (10) days written notice to the Airport Manager of the default and if the default has not been corrected within twenty (20) days thereafter, this Agreement shall terminate at the option of the City. B. The adjudication of the Airport Manager as a bankrupt, or the initiation of bankruptcy proceedings by the Airport Manager or its creditors without a subsequent dismissal thereof within thirty (30) days shall terminate this Agreement at the option of the City. 15. Non -waiver of Rights or Remedies. The failure of the City to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of the rights or remedies that the City may have regarding that specific instance only, and shall not be deemed a waiver or any subsequent breach or default in any terms and conditions_ 09/03/2004 15:10 FAX 563 264 0750 CITY OF MUSCATINE [a 006 16. Notices. All notices to be given with respect to this document shall be in writing, shall be sent by certified mail, postage prepaid and return receipt requested, to the party to be notified at the address set forth herein or at such other address as either party may from time to time designate in writing. Every notice shall be deemed to have been given at the time it shall be deposited is the United States mail in the manner prescribed herein. Nothing contained herein shall be, construed to preclude personal service of any notice in the manner prescribed for personal service of an original notice or other legal process. IN WITNESS W1=OF, the parties hereto have hereunto affixed their signatures the day and year first shown above. ATTEST: A.J. Johnson, City Administrator CITY OF MUSCATINE Richard W. O'Brien, Mayor CARVER AERO INC. Roy J. Carver Jr. APPROVED by the City Council this 15th day of June, 2000. A_J. Johnson, City Administrator 09/0a/2004 15:11 FA% 563 264 0750 CITY OF MUSCATINE 121001 CITY OF MUSCATINE Fax cover sheet City Hall 215 Sycamore Street FAX 563/264 0750 Muscatine, IA 52761-3899 Telephone 563/264-1550 ...................................................................................... .................... � Date: To: - 3-o Lek Company: Telephone: Fax Number: # of Pages: _ From: Department: Message: 3 A -- 3 sca - �g �r !�QA KAvG .4��✓cr 2dws _ Remm .. c a-C.0 City of Iowa City MEMORANDUM TO: Airport Commission FROM: Susan Dulek, Assistant City Aftorn� DATE: September 3, 2004 RE: Agenda and Packet for Sept. 9 Meeting Enclosed please find copies of a draft agenda and the packet. I will send you via email a copy of the final agenda after the Chairperson approves it. I should add that the T-hangar lease is the copy that was in the packet for the August 12 meeting. The handwritten notes are mine. Enc.