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HomeMy WebLinkAboutAirport Permit with US of America (Use of Landing Military Planes) 07-23-1951PERMIT THIS AGREEMENT made this 2304 day of Aar 195 1 by and between tbo Gity of faldvelly a wnioigul OWPOMUM hereinafter called CONTRACTOR, and THE UNITED STATES OF AMERICA, here- inafter called the GOITMMENT, WITNESSETH: WFEREAS, the contractor is the owner of the UJAWII Airport, located in the City of Caldveil , County of Caste State of Idaho , hereinafter referred to as the "Airport", and the government desires a 7ermit for the transient use by military aircraft of the landing area of said airport. 1. NOW THEREFOTIX; in consideration of the sum of "J.001 the re- ceipt and sufficiency of i7hich is hereby acknoviledged by the contractor, and of the mutual covenants, promises and agreements herein cor_tained, 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 e�;tert possible without requiring limitations of non-military operations. 2. This permit shall be effective from the date hereof, and shall remain in force until the Ord dY of Jumy 1956• 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 contractor for any such damages. 6. In the event the government shall fail to repair as agreed in paragraph 51 a claim for the cost of such repair may be presented by the contractor under provisions of Public Law 112, Wth 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 C11W iatl, Caldwell, Idaho and if given by the contractor shall be addressed to VL8%Wlat FAS11N WO w&U& xslU Antrict, corps of o AWAin 602, Clt7wCounty .,Jr ort, tgaila 'alas ''Washington 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 not 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 commissioner 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 17ITNESS 1 REOF, the parties hereto have caused this permit to be properly executed by their duly authorized representatives on this day of *)t4ubw 1951. (CORPORATE SEAL) THE UNITED STATES OF ALERICA BY Contracting Officer N that I am theof the corporation named as contractor in the within permit, that 'aaca ;. Smith who signed said permit on behalf of the contractor was then a^or of said Corporation; that said permit was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. (SEAL)CORPOATE (SEAL) 3 ADDRESS REPLY TO THE DISTRICT ENGINEER NOT TO INDIVIDUALS CORPS OF ENGINEERS. U. S. ARMY OFFICE OF THE DISTRICT ENGINEER WALLA WALLA DISTRICT SLID ,6 , CI Y CWRMR- WALLA WALLA, WASHINGTON NPWR•1 ^, REFER TO fllE PPW /^1.5(GLLLdwell, Airport, NO. Ida.Miilitary aircraft Use) REGISTER - RETURN REGLIPT REQUESTED City of Caldwell City Hall Caldwell, Idaho Gentlemen: August 30, 1951 The Department of Air Force has requested renewal of the per- mit for the transient use by military aircraft of the Caldwell Air- port. Accordingly, there are inclosed six (6) copies of said pro- posed permit for your approval. If the permit is satisfactory, it is requested that each of the six copies be signed by the authorized contractor for the City of Caldwell, together with signature of a witness. Your attention is also invited to the acknowledgement on page three (3) of the permit, which shculd also be executed including the imprint of your corporate seal on each of the six copies. Inclosed is also one cony of a data sheet in connection with this facility. It is requested that this sheet be reviewed and any changes or corrections necessary to bring the information up to date be entered thereon in pencil. Please hold one copy of the permit for your files and return the other five copies together with the corrected data sheet in the inclosed franked envelope. After execution by the Government's Con- tracting Officer, a copy of the permit together with a copy of the corrected data sheet will be forwarded for your files in the near future. Your attention to this matter will be sincerely appreciated. FOR THE DISTRICT ENGINEER: Very truly yours, RR 3 Incls iFRTF. E, IETZKE 1. Permit(in sex) Chief, Real Est to vision 2. Data Sheet 3. Return envelope