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Home My WebLink AboutAirport Lease (15 Year) (Caldwell Box Manufacturing Co.) 04-01-19464 c r AIRPORT LEASE ' THIS LEASE executed this 1st day of April, 1946, be- tween CITY OF CALDVVELL, a municipal corporation of the State of Idaho, "Lessor" and CALDVIELL BOX MANUFACTURING COMPANY, a cor- poration organized under the laws of the State of Idaho, with its principal place of business in Idaho at Caldwell in Canyon County, "Lessee" '49ITi EaSE'TH: IN CONSIDERATION of the mutual covenants herein contained, and subject to covenants and restrictions herein contained, the lessor does hereby lease and demise to the lessee the following described real property located on the airport of the City of Caldwell, to -wit: Commencing at the Southeast corner of the .Southwest quarter (SVti4) of Section 21, Township 4 North, Range 3 d+est of the Boise Meridian, and running thence vest and along the South line of said Southwest duarter, a distance of 110 feet; thence North and parallel with the East line of said South- west 4uarter a;_' distance of 812 feet; thence 's-,est and at a right angle to the East line of said Southwest kxuarter, a distance of 40 feet to the point of beginning; thence North and parallel with the East line of said Southwest quarter, a distance of 40 feet; thence �,est and at a right angle to the East line of said Southwest quarter, a distance of 40 feet; thence South parallel with the East line of said Southwest quarter, a distance of 40 feet; running thence East at a right angle to said East line of said :outhvest ,uarter, a distance of 40 feet to the point of beginning and contain- ing .037 Acres, more or less; 1. Term - This Lease shall remain in force and effect for a term of fifteen (15) years expiring on the 31st day of March, 1961, unless terminated prior to that date for any reason herein enumerated. 2. Rental - The lessee shall pay to the lessor simul- taneously with the execution of this Lease the sum of �p100.00 which shall constitute the entire rental for said real property during the term of this Lease, and in no event shall said rental or any part thereof be refunded to the lessee or his assigns. -1- 3. Building - �iithin a period of one year from the date of this Lease the lessee agrees to construct upon said real prop- erty a hangar for storage of an airplane, which hangar shall in every respect meet the specifications enumerated in paragraph 4 hereof, and should said hangar not be constructed within said period, this Lease shall be deemed forfeited by the lessee and terminated. 4. Specifications of Hangar - The hangar to be construc- ted upon said real property shall have as exterior dimensions, 24 feet in length by 33 feet in width. It shall be located on the rear side of the lot facing the adjoining platted taxi -way. It shall be entirely of fire -resisting construction, all walls Lo- be constructed of either cinder blocks, concrete blocks or re- inforced concrete or corrugated aluminum. The roof shall have only one slope, and shall be covered with fire -resisting compo- sition roofing or corrugated aluminum. The doors shall be of corrugated aluminum and be so hung as desired by the lessee. 5, use - It is agreed that the real property covered by this Lease and the hangar constructed thereon shall be used only for private storage of aircraft. It shall in no respect be used for or as headquarters for any commercial operations,'�,except- ing in the following respects and to the following extent: (a) It may be used as the office or headquarters of a sales agency for air craft. (b) It may be used for the repair of the lessee's air craft or of any air craft for which the lessee is the sales agent. (c) It may be used for storage of air craft other tnan that owned by the lessee providing no rental is charged therefor. - 2- r Ad) The lessee may give, and may use said real property and said hangar as a base for, instruction for hire to (and. only to) persons who have purchased air craft from the lessee. i (e) The lessee may offer for hire, air craft -stored in'said i hangar, providing sums collected therefrom shall be.based upon the rates then established and in effect by the operators of the municipally owned facilities.on the Caldwell Municipal Airport. It is further agreed that at no time shall any gasoline (other than that in -tanks oil the stored airplane) be stored or kept in said hangar or on said real property. In any event the use and occupancyo£ said real property and hangar by the lessee shall be subject to the terms, conditions and provisions of any ordinance or ordinances, hereafter adopted by the Mayor and Council of the City of Caldwell governing the operation and use of the Caldwell Municipal Airport. 6. Repair of Hangar - In the event of damage or injury to the hangar erected upon said real property, the lessee agrees to immediately repair and rebuild said hangar. It is agreed that should the hangar constructed upon said real property be removed or torn down, the lessee shall immediately replace it with a hangar meeting the building specifications set out in paragraph 4 hereof. 7. Termination - In the event of a violation of shy of the terms of this Lease, the lessor, without notice, may declare this lease terminated; and in such event no portion of the rental theretofore paid by the lessee shall be returned or repaid to the lessee; and in such event, further,'the lessee agrees to deliver immediate possession of said real property and said hangar to the lessor. - 3- S. Hangar Reversion - Upon the expiration of this Lease or earlier termination thereof, the hangar constructed upon said real property'shall become the property of the lessor free and clear of any claim thereto by the lessee. 9. This Lease may not be assigned by the lessee, with - our priorapproval in writing, by the members of the airport com- mittee of the'Council of the City of Caldwell, and the terms of this Lease shall be binding upon the heirs, executors, administra- tors, successors and assigns of the lessee. IN VVITNESS WHEREOF, the first party has caused its cor- porate name to be hereunto subscribed by its Mayor and its corporate seal to be hereunto affixed by its Clerk, and pursuant to due authorization of its Board of Directors, the second party has caused this instrument to be executed by its President and its corporate seal to be hereunto affixed by its_.Secretary, all the day and year in this Lease first above vrritten. _ 1Z >..'. (,SEAL) _ ,.ATT-EST: 9 0 CITY OF CALDWELL, IDAJi0 By',,9/&t 4 Mayor 61 LESSOR CALDNELL BOX MANUFACT ING COMPANY By President LESSEE - 4- r STATE OF IDAHO ) a5. County of Canyon ) On this 1st day of April in the year 1946, before me, a Notary Public in and for said State, personally appeared G. L. CROOKHAM, JR., and ADA HARTFRib&.ER known to me to be the ;+:ayor and City Clerk respectively of the City of Caldwell, the city that execute the foregoing instrument, and acknowledged to me that such City of Caldwell executed the same. IN VGITNESS ..ziERBOF, I have hereunto set my hand and af- fixed my official seal the day and year in this�etLrti Cate first above written. (SEAL)-J STATE OF IDAHO ) ) 65. County of Canyon ) Plouary ruoiic ior-LQano, Residence: Caldwell, Idaho. On this 1st day of April in the year 1946, before me, -Po 47 1. , a Notary Public in and for said State, personally appeared V. E. PARK ana C. L. MILLER, known to me to be the President and Secretary respectively of the corporation that executed the foregoing instrument, and acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS GHEREOF, I have hereunto set my hand and af- fixed my official seal the day and year in this Certificate first above written. Notary rublic fo4 ldahb, (SEAL) Residence: Caldwell, Idaho. - 5-