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HomeMy Public PortalAbout1974.06.01 Forest Service Agreement for Use of McCall Airport Runways and TaxiwaysAGREEMENT FOR USE OF McGALL AIRPORT RUNWAYS AND TAXIWAYS This Agreement, made and entered into this 1st day of June, 1974, by and between McCall Municipal Airport, hereinafter referred to as Air- port Authority, and the Forest Service, U. S. Department of Agriculture, hereinafter referred to as Forest Service, Witnesseth, The parties hereto for the considerations hereinafter mentioned covenant and agree as follows: 1. As an agency of the City of McCall, Valley County, the Airport Authority is concerned with and interested in management and protection of forested areas in and adjacent to the County, and in consideration of benefits derived from Forest Service adminis- tration and protection of national -forest land, does hereby author- ize the Forest Service to make unrestricted use of aircraft taxi- ways and takeoff and landing areas now in place or to be constructed within the McCall Municipal Airport, located in Sec. 16, T.18 N., R.3 E., approximately 1 mile south of the town of McCall, Valley County, Idaho. 2. The use authorized herein is by aircraft of gross weight heavier than otherwise authorized upon the McCall Municipal Airport, and such use is authorized exclusively to the Forest Service, Provided (1) nothing herein contained shall restrict or otherwise affect use by aircraft which are within the load capacity of the airport, or emergency use by any aircraft; (2) in the event of emergency landing of any aircraft heavier than the allowable gross weight stated in Clause 7 herein the Forest Service will be immediately notified so that a condition survey can be made to establish any damage or extraordinary wear and tear caused by such emergency landing, use and takeoff for which the Forest Service is not responsible; and (3) pre -arrangements may be made between the parties hereto for recurrent use by heavy aircraft not operated by or for the Forest Service and which arrangements include method of determining damage and extraordinary near and the financing of repairs. 3. The Forest Service shall not assign this Agreement in any event, but it is agreed and understood that the exercise of permission herein granted extends to aircraft owned, borrowed, leased, rented or otherwise contracted to or being operated for the benefit of the Forest Service. 4. The period of this Agreement begins June 1, 1974, and ends May 31, 1975. This Agreement may, at the option of the Forest Service, be renewed from year to year, upon notice being given in writing to the Airport Authority, and provided further, that no renewal thereof shall extend this Agreement beyond May 31, 1978. 5. The Airport Authority agrees that the Forest Service may at its option and for the -benefit of its own operations place runways and/or taxiways in such temporary condition of strength or dimen- sion that they will permit landings and takeoff of aircraft of size and weights greater than anticipated for normal use of this airport: Provided, That prior to beginning any such work the Forest Service will consult with the Airport Authority and comply with State and. Federal regulations concerning use or restricted use of airports, shutdown, landing hazards, and anyother factor affecting use or safety. 6. The Airport Authority agrees that the Forest Service may perform repair of the runways and taxiways over and above, or at more frequent intervals than maintenance and repair normally accomplished by the Airport Authority. 7. At the beginning of each season or period of use by the Forest Service, and at other times asmay be necessary, the Forest Service will make a •condition survey of the airport runways and taxiways. At the end of the use season, the Forest Service will again make a condition survey of the airport runways and taxiways. These surveys will be used as a basis for determining maintenance require- ments and any additional repair necessitated by the Forest Service having used aircraft heavier than the runways and taxiways were constructed and maintained to carry. In making such surveys, the Forest Service will consult with the Airport Authority and furnish a copy of the written report of the surveys to the Airport Authority. The surveys will be made for the purpose of determining the repairs made necessary by the extraordinary wear and tear caused to the runways and taxiways by aircraft used by the Forest Servicein its operations, which aircraft are heavier than the load capacityto which the runways and taxiways were constructed and maintained to carry, determined by the Airport Authority and mutually agreed to be 15,000 lbs. gross weight (Loaded) per aircraft. 8. The Forest Service agrees that itwill repair or cause to be repaired damages or extraordinary wear and tear attributableto the use ofaircraft heavier than the airportwas constructed and maintained for as provided above. Determination of theextent of repairs will be made by the Forest Service based on the condition surveys provided for in Clause 7 hereof. 9. Nothing contained in this Agreement shall be construed to create any obligation on the part of the Forest Service to repair any damages caused by aircraft of gross weight for which the airport runways and taxiways are constructed and maintained. 10. Any dispute concerning a question of fact arising. under this Agreement which is not disposed of by agreement shall be decided by the Forest Supervisor, who shall reduce his decision to writing or otherwise furnish a copy thereof to the Airport Authority. " Within 30 days from the date of such copy, the Airport Authority may appeal the decision to the head of the Department and the decision of the head of the Department or his duly authorized representative shall, unless determined by,a" court of competent jurisdiction to have been fraudulent, arbitrary, capricious, or so grossly erroneous as necessarily to imply bad faith, be final and conclusive: Provided, That if no such appeal to the head of the Department is taken, the decision of the Forest Supervisor shall be final and conclusive. In connection with any appeal proceeding under this clause, the Airport Authority" shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Airport Authority shall proceed diligently with the performance of this Agreement and in accordance with the . Forest Supervisor's decision. 11. No Member of Congress, or resident Commissioner shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. Approved by: 0 of the City of McCall /79/ Forest Supervisor, Payette National Forest i_rriL,e 3 Date 24/ / 7 V" 3 Date May y , Idaho