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HomeMy WebLinkAboutAirport Permit with US of America (Use of Landing Military Planes) 07-22-1946P E R M I T THIS AGREEMENT, made this22nd day of July by and between City of Cal.dwellt a municipal corporation hereinafter called CONTRACTOR, and Ta UNITED STATES OF A1v;?._�.., here- inafter called the GOVERiiiENT, VVITNLSSETH. 4JHEREAS, the contractor is the aAner of the Caldwell Airport, located in the City of Caldwell , County of Canyon , State of Idaho , hereinafter referred to as the "Airport", and the government desires a permit for the transient use by military aircraft of the landing area of said airport. 1. NOA THEREFORE, in consideration of the sum of �1.00, the re- ceipt and sufficiency of which is hereby acknowledged by the contractor, and of the mutual covenants, promises and agreements herein contained, the contractor hereby grants a permit to the Government, for transient use by military aircraft of the landing area of said airport in common with others to the extent possible without requirin, limitations of non. -military operations. 2. finis permit shall be effective from the date hereof, and shall remain in force until Zuly 22nd, 1951, 3. The government shall not assign this permit in any event, and shall not sublet the privilege herein granted. 4. The government shall observe and comply with all rules and regulations promulgated and uniformly enforced from time to time during the term hereof by the appropriate Federal, State and County authorities, or by the contractor to insure the safe, orderly and convenient conduct of aeronautical operations to, from and upon said Airport. 5. The contractor shall maintain the said Airport in good repair and serviceable condition during the continuance of this permit, except in case of damage arising from the negligence of the government's agents or employees, and damage caused by military aircraft, the government to repair or compensate the contr ,c.tor i or +inl•:,"clt. aacnr.ges. 6. In the event the government shall fail to repair as agreed in paragraph 5, a claim for the cost of such repair may be presented by the contractor under provisions of Public Law 112, 78th Congress, 3 July 1943 or any other act or regulation under which appropriated funds shall at such time be available. It is understood, however, that any provision of this permit which obligates the government to the expenditure of funds shall be subject to an appropriation being available for its fulfillment. 7. The government may terminate this permit at any time by giving thirty (30) days notice in writing to the contractor. 8. Any notice under the terms of this permit shall be in writing signed by a duly authorized representative of the party giving such notice, and if given by the government shall be addressed to the contractor at City of W dwoli9 City Hall, Caldwell Idabo• and if given bye contractor shall be addressed io 9. The contractor warrants that he has not employed any person to solicit or secure this agreement upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the government the right to annul the agreement, or, in its dis- cretion, to deduct from the rental the amount of such commission, per- centage, brokerage, or contingent fees. This warranty shall nQt apply to commissions payable by contractors upon contracts or leases secured or made through bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. 10. No member of or delegate to Congress or resident commissr,oner shall be admitted to any share or part of this agreement or to any bene- fit that may arise therefrom, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 11. The contractor, in performing the work required by this per- mit, shall not discriminate against any employee or applicant for em- ployment because of race, creed, color, or national origin. IN WITNESS iMREOF, the parties hereto have caused this permit to be properly executed by their duly authorized representatives on this :mod day of I / POW �y I JW i� ., _ �� a [.�. �L I I� Contractor THE UNITED STATES OF AMERICA BY 0 Contracting icer A Atli Halti*Uo►ir certify that I am the City Clerk of the corporation named as contractor in the within permit, that Qv Too CrooldIM 7r* _ _ who signed said permit on behalf of the contractor was then vAgir of said Corporation; that said permit was duly signed for and in be- half of said corporation by authority of its governing body, and is within the scope of its corporate powers. (CORPORATE 41 SEAL) -3— z-i!�'Y�, 10 a