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.
"
W i t h i n 3 0 d a y s f r o m t h e d a t e o f s u c h c o p y , t h e A i r p o r t A u t h o r i t y
m a y a p p e a l t h e d e c i s i o n t o t h e h e a d o f t h e D e p a r t m e n t a n d t h e
d e c i s i o n o f t h e h e a d o f t h e D e p a r t m e n t o r h i s d u l y a u t h o r i z e d
r e p r e s e n t a t i v e s h a l l , u n l e s s d e t e r m i n e d b y , a " c o u r t o f c o m p e t e n t
j u r i s d i c t i o n t o h a v e b e e n f r a u d u l e n t , a r b i t r a r y , c a p r i c i o u s ,
o r s o g r o s s l y e r r o n e o u s a s n e c e s s a r i l y t o i m p l y b a d f a i t h , b e
f i n a l a n d c o n c l u s i v e : P r o v i d e d , T h a t i f n o s u c h a p p e a l t o t h e
h e a d o f t h e D e p a r t m e n t i s t a k e n , t h e d e c i s i o n o f t h e F o r e s t
S u p e r v i s o r s h a l l b e f i n a l a n d c o n c l u s i v e . I n c o n n e c t i o n w i t h
a n y a p p e a l p r o c e e d i n g u n d e r t h i s c l a u s e , t h e A i r p o r t A u t h o r i t y "
s h a l l b e a f f o r d e d a n o p p o r t u n i t y t o b e h e a r d a n d t o o f f e r e v i d e n c e
i n s u p p o r t o f i t s a p p e a l . P e n d i n g f i n a l d e c i s i o n o f a d i s p u t e
h e r e u n d e r , t h e A i r p o r t A u t h o r i t y s h a l l p r o c e e d d i l i g e n t l y w i t h
t h e p e r f o r m a n c e o f t h i s A g r e e m e n t a n d i n a c c o r d a n c e w i t h t h e .
F o r e s t S u p e r v i s o r '