HomeMy WebLinkAboutAirport Agreement (Cancellation) 07-01-1944(o —(r-7 -!'
NOTICE
TO: Mack S..Johnston,
Jack Y!. Medlin
John C. Medlin
Notice is hereby given to the above named.Mack S.
Johnston, party of the second part under that certain "Airport
Agreement" dated August 23, 1943 by and behveen the City of '
Caldwell, a municipal corporation, as party of the first part,
and Mack S. Johnston as party.of the second part; and to Jack
W. Medlin, assignee of said Mack S. Johnston; and to John C.
IJfedlin, attorney in fact for Jack W. Medlin., that said "Airport
Agreement" above mentioned has been violated and broken by the
said party,of the second part therein, and said assignee, on
many and numerous occasions -since the making of said agreement;
and that you and particularly said assignee) have failed, refused -
and neglected, and stilt fail, refuse -.and neglect, to perform the
items and conditions,of said agreement_,as therein provided. That
some of the violations of said agreement are hereby listed as
follows:
,(A) That on or,about the 7th day of I+Iay 1944,, Frank
I;Iedlin, then in charge'of the Caldwell Flying Servide, and
acting as ,manager thereof, -carried passengers in an airplane of
which he was the, -pilot, and charged fifteen dollars,(�-15.00)
therefor, all of which was in violation of said agreement above
mentioned.-
(B). That on or about May 11, 19441 the said Frank
Medlin acting as•manager of C'aldvvell-`Flying Service, carried
passengers for hire in an airplane ;of•'which he was the p Yot,
all in violation of the;.abov,e- mentioned' agreement.
(C) That, you have failed, .refu'sed, and neglected to
follow.out and per£oriri'the recommendations prescribed by Herbert
S. Buckman, Superintendent, CAA War Training Service, dated
)Ll
December 4, 1943, as follows:
(1) In that it was recommended in said letter
and agreed by Caldwell Flying Service, that the said John
C. Medlin would devote his full time and efforts to the
flying operations at Caldwell.
(2) In that Caldwell Flying Service has failed
to observe paragraph "E" of said letter requiring "the strict
adherence to nonintervention of the management or any phase
of the pilot training program by any other member of the
Idedlin family other than Mr. J. C. Medlin."
(D) It was agreed by the said John C. Medlin, as attor-
ney in fact for Jack U. i;Iedlin, ana as manager of the Caldwell
Flying Service, that in"the event of further violations in said
"Airport Agreement" above mentioned, or in the event of a viola-
tion of said recommendations of Herbert S. Buckman, Superinten-
dent CA -A., tVar Training Service above mentioned, dated December
4, 1943,.that said Caldwell Flying Service would voluntarily
surrender and terminate its contract; but notwithstanding such
violations the Caldwell Flying Service has failed, refused and
neglected to voluntarily terminate said contract with the Uar
Training Service or with the City of Caldwell.
(E) That in numerous other matters and on otter
numerous occasions said Caldwell Flying Service has failed, re-
fused and neglected to perform the terms and conditions of said
"Airport ".Agreement" above mentioned, and has jeopardized the
training programs, and has caused the City of Caldwell to be con-
fronted vith'questions and threats of cancellation of training
programs upon the Caldwell Elunicipal Airport by reason of such
violations.
You are hereby advised that by,reason of ,the facts
above stated, and by reason of numerous other violations of said
"Airport Agreement", the City of Caldwell hereby elects to, and
does hereby, cancel said "Airport Agreement" above mentioned,
dated August 23, 1943, as of the lst day of July, 1944, and
hereby demands delivery to the City of Caldwell on or before
July 1, 1944, of full possession of ail buildings or property
by you or either of you under said "Airport Agreement" above
mentioned.
IN WITNESS WHERr.OF, I have hereunto set my hand and
seal as _Mayor of the City of Caldwell, this 19tn day of June,
1944, pursuant to the order of the mayor and Couacil of said
City of Caldwell, Idaho.
ant