MEMORANDUM OF UNDERSTANDING BETWEEN THE 37th HELICOPTER SQUADRON AND CITY OF CHEYENNE 1. Parties. This Memorandum of Understanding [MOU] is made and entered into by and between the 37th Helicopter Squadron (part of the United States Air Force), hereinafter referred to as the Government, whose address is 7505 Saber Road, Building 1250, F. E. Warren AFB, Wyoming 82005, and the City of Cheyenne, acting through its Public Works Department and Board of Public Utilities, hereinafter referred to as the Owner, whose address is: 2101 O Neil Avenue, Cheyenne, Wyoming 82001. 2. Purpose. The purpose of this MOU is to set forth the terms and conditions by which the Government shall be permitted to use the Belvoir Ranch for helicopter training, including landings and takeoffs, tactical insertions and extractions (personnel exiting and reentering the helicopter), search and rescue, and low-level and night training. The Owner also grants F. E. Warren security forces personnel permission to conduct training to coincide with helicopter training. Training locations will be identified in Exhibit A, which is attached to this MOU and incorporated herein by this reference, 3. Term of MOU. This MOU shall commence upon the date last signed and executed by the duly authorized representatives of the parties to this MOU and shall remain in full force and effect for a period of two years from the last attached signature, with the option to renew two (2) times for a period of two (2) years for each of the two (2) renewal periods. This MOU may be terminated, without cause, by either party upon thirty (30) days written notice, which notice shall be delivered by hand or by certified mail. 4. Payment. No payment shall be made to either party by the other party as a result of this MOU. 5. Access. The Right-of-Entry is subject to the rights of the Owner to carry on all operations and activities incident to their respective interest in said property. The Owner will notify the Government of any changes which would affect its interest in the Belvoir Ranch. 6. Responsibilities of GOVERNMENT. A. Advance Notice. The Government has permission to enter the Belvoir Ranch within the area identified in Exhibit A. The Government may train while utilizing one (1) helicopter for the purposes landings and take-offs. If additional training will consist of more than one (1) helicopter and/or ground support, the Government agrees to provide the Owner with a minimum one (1) week advance notice prior to engaging in training operations. Notice shall be given to Bud Spillman, Manager Water Treatment Division, Board of Public Page 1 of 5
Utilities, at 307-632-7693, bspillman@cheyennebopu.org and Vicki Nemecek, Assistant Director Public Works, at 307-637-6279, vnemecek@cheyennecity.org. Notice shall include the date and time of anticipated use of Belvoir Ranch. In case of emergency need, a minimum of one (1) day advance notice shall be provided. B. General. a. The Government agrees to keep the area clean and leave the property in as good a condition as it was found. b. The Government will take normal fire precautions. To include carrying normal fire suppression equipment on board aircraft. c. No training will take place near livestock or in pastures which have been identified in Exhibit A as being off limits. d. Vehicles driven on the property will utilize lanes and roads except in the identified landing zones within Exhibit A. e. If any action of the Government s officers, employees, or agents in the exercise of this Right-of-Entry result in actual damages, damage to the real property, or fixtures the Government will, at its option, either repair such damage or make an appropriate settlement with the Owner. The Government s liability under this clause may not exceed appropriations available for such payment and nothing under this clause may be considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any other damages than provided herein. f. The Government will not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, vestiges, remains or objects of antiquity. g. The Government is aware and understands that the Belvoir Ranch has portions of it enrolled in to the Wyoming Game and Fish Department Hunter Management Area program and hunting is conducted on the ranch throughout the year. Refer to Exhibit B. C. Safe Operations. The Government will ensure that all training operations involving the Belvoir Ranch are executed in a safe and prudent manner to ensure that persons, vehicles and equipment on or near the Belvoir Ranch are not harmed or otherwise damaged. Page 2 of 5
7. General Provisions. A. Amendments. Either party may request changes to this MOU. Any changes, modifications, revisions, or amendments to this MOU which are mutually agreed upon by the parties shall be incorporated by written instrument, executed and signed by all parties to this MOU. B. Applicable Law. The construction, interpretation, and enforcement of this MOU shall be governed by the laws of the State of Wyoming. The courts of the State of Wyoming shall have jurisdiction over any action arising out of this MOU and over the parties, and the venue shall be the First Judicial District, Laramie County, Wyoming. C. Entirety of MOU. This MOU, consisting of five (5) pages, and Exhibit A, consisting of two (2) pages, and Exhibit B, consisting of two (2) pages, represent the entire and integrated agreement between the parties and supersede all prior negotiations, representations and agreements, whether written or oral. D. Prior Approval. This MOU shall not be binding upon either party unless this MOU has been reduced to writing and approved by the Governing Body of the City of Cheyenne. E. Severability. Should any portion of this MOU be judicially determined to be illegal or unenforceable, the remainder of the MOU shall continue in full force and effect, and either party may renegotiate the terms affected by the severance. F. Sovereign Immunity. The City of Cheyenne does not waive its governmental immunity by entering into this MOU, and fully retains all immunities and defenses provided by law with respect to any action based on or occurring as a result of this MOU. City expressly reserves the right to invoke governmental immunity for any claim arising out of this MOU pursuant to the Wyoming Governmental Claims Act, Wyo. Stat. Sections 1-39-101, et seq. G. Indemnification. Each party to this MOU hereby acknowledges and agrees that it shall be responsible for its own acts arising out of this MOU. Neither party agrees to insure, defend or indemnify the other. H. Assignment. The Owner and Government may not assign this MOU to another party without written consent from the Owner. I. Third Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of third party beneficiary, and this MOU shall not be construed so as to create such status. The rights, duties, and obligations contained in this MOU shall operate only between the parties to this MOU and Page 3 of 5
shall inure solely to the benefit of the parties to this MOU. The provisions of this MOU are intended only to assist the parties in determining and performing their obligations under this MOU. J. Notices. Any notice or correspondence to be given by the terms of this MOU shall be delivered by electronic mail (email), or delivered by mail, postage prepaid, to the address of the respective parties below: CITY: Public Works: Timothy E. Wilson, Director Board of Public Utilities 2100 Pioneer Avenue Cheyenne, WY 82001 307-637-6460 307-637-7672 (fax) Email: twilson@cheyennebopu.org Jim Elias, Director Public Works 2101 O Neil Avenue Cheyenne, WY 82001 307-637-6259 855-674-0265 (fax) Email: jelias@cheyennecity.org 37th Helicopter Squadron: Robert S. Mackenzie, Lt Col, USAF 37th Helicopter Commander 7505 Saber Road, Building 1250 F. E. Warren AFB, WY 82005 307-773-2001 307-773-2719 (fax) Email: Robert.mackenzi@warren.af.mil Page 4 of 5
8. Signatures. The parties to this MOU, through their duly authorized representatives, have executed this MOU on the dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this MOU as set forth herein. The effective date of this MOU is the date of the signature last affixed to this page. 37th HELICOPTER SQUADRON Robert S. Mackenzie, Lt Col, USAF, 37HS/CC CITY OF CHEYENNE, Richard L. Kaysen, Mayor (SEAL) Attest: Carol Intlekofer, City Clerk CHEYENNE CITY ATTORNEY: APPROVAL AS TO FORM Erik Rasmussen, Deputy City Attorney Page 5 of 5