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HomeMy WebLinkAboutAirport Agreement 04-11-1939AIRPORT AGREEiENT. aa;fa�a;; ar MIS, AGREE .,IEI'T, Made and entered into this day of Aprilp A. D., 19395 by and between the CITY OF':CALD':,P LL,Can- you County,State of Idaho, a municipal corporation, the party -of the firstpart, and JOIIIJ B. VICIE'RS, of Cald.wel'l,Canyon County, Idaho, the party af''the second part, 1VITNESSET-H That for and in consideration of the mutual promises and agreements hereinafter contained, the said parties hereto AGREE as follows: 1. That the said party of the second part'shall have the right to the use of the Dunicipal Airport in the City of Caldwell,,Canyon County, Idaho, for the purpose.of conducting an aviation school and for`barn storming and for taking pas- serigers on pleasure flights and, for the purpose of landing and taking -off and narking of the 'present and future aircrafts operated by him and the loading.and unloading and handling of passengers to the extent necessary and'convenient for the operation of such business. That the said'party of the second part 'shall have the; unrestricted -right -of ingress and egress from said airport sub- ject nevertheless, to any rules, regulations and.ordinances that may be.passed.or. established by the party of the first part for .,the operation of such airport in conjunction with the party of the second part or other persons, associations, firms or cor- porations that,may desire to use the same as an airport. 2. IT IS UNDERSTOOD AND AGREED that the party of the Page 'l. ,second part,under,the supervision of -the building inspector and airport committee and:comkission,rgay construct and establish suitable and substantial hangars for the aircrafts he,now has and may horeafter acquire upon said airport at a point just north of the two artesian wells which are nearly an,equal di- stance from the north and south end lines of said m irporf but on the easterly side thereof. Said hangars.shall be constructed' in a manner as not to interfer with the street or road on the sasterly side of said airport.' That the .said hangars shall be and remain the property of the party of the second part and subject to. removal by him•at the termin2tion of this contract, and the party of the first part reserves the.riCht to purchase the hangars at the end of this contractor any extension thereof. 3. IT M FURT ER AGREED that . the party of, the second part may- constrict a substantial general, office building •for his use on said airport, just crest of'the said artesian wells and may Wprove the Grounds adjacent to said artesian wells €nd hangars, for parking of automobiles or.other vehicles other than aircrafts. i. IT 1S UNDERSTOOD AMAGREV that the party of the first part shall not be requiPed,to construct or.improve the said airport or to provide further runways thereon or buildings for the use of the said party of the second part, and that the said party of the first part shall not be required to provide water or sewerage £or,the buildin s,placed upon the said air- port by the party of the second part, but that the party of the second part shall provide the same for himself with the exception that he shall have the right to the use of said artesian Page 2. ivater flowing, from the said ;artesian- wells, but ,this 'shall not be interpreted to mean,that the party„of the second pert shall have the exclusive right, of the' use thereof. The party.of the sirst part shall not be required to fi'rnish any lights for Ithe said airport or to make. any additional markers "for- the' boundaries of said airport but ' thi s'~ shhall ,aiot be construed to`rnean that if the party -of the first'partso desires that it ;shall, be. prohibited, and the party of the first part reserves the right to furtherboundaries and place such lights as it may desire on, upon or, around the said airport so as, to facilitate,landing and taking: -off of aircrafts on, such. airport. 5.. IT IS 0Tr4RST00D . <D AGREED that the s aid ' party of the second.part shall have the'right to install,, maintain and -operate such fuel, gas and oil tanl�s,_ pipes, ,pumps and otter equipments.in connection therewith as may be.'ne'cessary for his operating from '.im6 to time the -said airport and shall have the right to ,sell , such fuel. -gas and oil to the, .ovJners or operators of other aircrafts,tivho may from time to t,ime�use said airport but,such tanks, pipes, pumps and equipment 'shall at all times'be subject to. the approval of. the party of, the first part ,with respect to safety, location and'f'ire prevention. That all tanks shall be4properly placed beneath the surface .of the', ground at a point near tho'l'anding terminals and convenient for serving aircrafts. That the•said..party.•of the second part may install convenient and proper outside storage for,the use 'of the said.airport but at..a place that bhall be designated by the .Mayor and 'City -Council of the City of.'Caldviell,, IIdeho, And not` to interfer with any of the runways, for operation of -said ` Y airport. 6. IT IS FUR`1'FMR AGREED that the party of the second part shall pay as rental for,the usage of said airport as an aviation school one per ''cent. of his gross revenue from all of his operations from -or in .connection with the alrport., . IT IS FURTHER AGREED that 'any, third person operating a like or similar business' in the airport shall pay uvrenty-five per cent. of his gross revenue "for operation unless third persons should provide for themselves suitable and proper hangars to house four planes and equal in construction.of ;that of the second party and at a place on the said airport as may be designated by the party of the first pert but not to interfer with the party of the second part, except that those persons who have heretofore been operatin& an aviation' school or giving aviation courses` at the Cal dwe11' I.unicipal `Airport shall' Ue ° permitter. 'to finish• - the training of the students they now have on the same basis that they have heretofore been giving such instructions. That such persons that have heretofore been rriving such instructions shall file with the City of Caldwell a list of the names of such persons they have been so instructing,' and will, state the time necessary to complete the course of"instructions for each pupil so being instructed by them, provided, that nothing in. this Paragraph shall be construed to conflict in any way with any rules and regulations or schedule of fees and charges that may have heretofore'or hereafter been established by the air- port commission by the advise, consent and approval of the mayor and, council. 7. IT IS UNDERSTOOD AV;D AGREED that nothing in this contract shall be construed in any way to prevent the use of Page a. the 'airport by other persons for commercial purposes in hauling, freight, espress, or mail, or passengers from one airport to another or to.limit the party of the first part,in any_w ay from making any proper contracts relative thereto. 8. .IT IS,FURTAR AGREED that the party of..the first , part shall not•be required under this agreement to change, alter' or improve any of the runways,in the airport as they now are or to construct new runuays for landing or, taking -off from said airport. Ileither shall the party of the first part be required. to do anything under this contract to make the airport to comply with'the requirements of any rules or regulations of the United States Government or any branch of the United States Government relative to the preparation'and maintenance of airports for flying or aviation schools. 9. IT IS AGREED that'nothing in this contract shall be construed to prevent the City of`Caldwell and the said City. of Caldwell, the party of the first part, reserves the right to make and adopt any rules and regulations and ordinances, that may be necessary or proper for the proper operation and regula- t'ion of the Caldwell liunicipal Airport :and the manner in which the same may be used or any conditions under which any person „ firm, association or corporation may be required to comply in - using said airport'. 10. TT IS-.TU.iTHIR AGREED that should the United States Government or -any of its.agencies assume to maintain or to oper- ate the said airport or any of its facilities or any part thereof and -in such even.. should this contract be found to be in conflict Page 5, 0 with the United States Governmental regulations applicable to such airport then this contract may be to xmiinated by written notice of such termination and that any notice given hereunder may be served upon the party of the second part personally or by registered mail addressed to him at Caldwell, Idaho, and any notice served upon the party of the first part may be served personally upon the duly and regularly elected, ouali- fied.and acting Mayor or in"his absence the President of the Council. 11. IT IS U3IDERSTOOD A1JD AGREED .that the party of the.second part shall provide suitable insurance or other method or suitable insurance and other method of protecting the City of Caldwell, Idaho, from all liability 'from any accident or damage that might occur on or in connection with the said air- -Dort or:,in the operation of .the business -,of the party of the second part, and that in addition thereto the party of,the second part shall take from each student or passenger, a proper written and signed statement, waiving any, and all liability against the City of Caldwell for any accident or damage that might occur in',connection with any flight or instruction or flight to and.from the airport. 12. IT M. FU-,.TLERtrNDERST06D AYD AGREED that, the said party of the second part shall use no aircraft in connection with his business except that the same has been properly licensed and found, by .proper authorities, to be air=worthy and suitable for the purposes for which it is used, and that no pilot shall be permitted to take -off or 'land in said airport unless he is fully competent.to handle the: aircraft he is operating. a Page 6. 13. IT IS U11TI)ERSTOOD AUD AErI'PIM that this contract shall terminate on -the 15th. day of Eay, A. D., 1939, provided that there is an option reserved herein for the extension of the term under this contract upon the agreement of both parties hereto and that during the existence of this contract the party of the first part shall not.make or enter into a more favorable' agreement with any other person or persons. 14. IT IS, KIRT. It;li P_GREED that the said .party of the second part shall and will pay to the City Clerk'of the City of.Ca.ldviell, Idaho, once each vieek any sums or amounts of money that may be due under this contract,, taking his receipt there- for and that the City Clerk of the party of the first part, either himself or his duly authorfzed,deputy or the'Idayor or Council or anyone else whom he or they may designate may make an examination or audit of the books of the.'said party of :the ,.., second part to determine that the proper amount of money has been paid,to the party of the first part as herein provided. 15.' IT IS AGIREED that'the party of the second part shall not assign or transfer this agreement or any rights here- under vtithout the written consent of the party of the first part. IN WITNESS I-2M OF the party of the second part has hereunto set his Ihard and seal and the party of,the first part has caused this instrument to be executed by its Mayor, duly attested by its City Clerk,,under and by virtue of a Resolution duly passed b- its Llayor .and Council. (SEAL) / -Second Party. Page 7. (SEAL) ATTEST: CITY 0, CALDMELL, Canyon County., Idaho, Party of First Part, BY Mayor. !7op the undersigned, members of the Airport Commisdion of the City of Caldwell., Idaho, and being all of themp, do hereby approve the execution of the above and foregoing contract. Page S.