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                           Lease agreement

EXPERIMENTAL AIRCRAFT ASSOCIATION

CHAPTER 202

PANAMA CITY, FLORIDA

CHAPTER BUILDING UTILIZATION

The intent and purpose of the construction of EAA Chapter 202's Hanger/meeting room facility at Sandy Creek Airpark was to provide hanger and workspace for chapter members and a meeting place for chapter business, meetings and social events. The following rules and guidelines are established by the Officers and Board of Directors of Chapter 202 for the use of the facility:

I. GENERAL AREA

1. No vehicular traffic or parking will be allowed, except for deliveries, in the aircraft taxi/parking area. The taxi/parking area is defined as that portion of the lot encompassed by a southerly line from the southeastern corner of the building along the creek line to the main taxiway, thence a line westerly bound to the utility pole located on the southwest corner of the lot, thence on a line northerly bound to the culvert/drain located approximately mid-way down the westerly lot boundary, thence along a northerly line along the drainage ditch to a point extending westerly from the building front, thence easterly along the building front to the originating point.

2. Delivery time is defined as the minimum times required to load or off-load the delivery.

3. Vehicle parking will be available alongside the north/south dirt road paralleling the westerly boundary of the lot (members should note that considerable prop blast is sometimes generated in this area and damage to vehicles may occur as a result. Therefore, parking in this area is at the driver's risk), next to the building on the lot along the westerly side of the building and at the rear of the building (north side).

4. Grounds cleaning, trimming, mowing, etc., will be the responsibility of all members on a voluntary basis.

5. Repairs, additions, and modifications to the lot or facilities will be determined by the Officers and/or the Board of Directors and will be accomplished by the members on a voluntary basis

6. No alcoholic beverages will he consumed on the premises.

II. MEETING ROOM

1. The meeting room is defined as the eastern approximately one-third of the building, separated from the hanger by the inner wall, to include the two bathrooms and porch area;

2. The meeting roam is opened and available to chapter members and their guests on a continuo basis, except as noted below. Chapter members are defined as members of the Experimental Aircraft association National Organization, EAA Chapter 202, with active attendance and in good standing.

3. Using members will insure that a high state of cleanliness and sanitation is maintained during and after use;

4. All chapter property (furniture, appliances, books, magazines, etc.) is to remain in the meeting room or on the premises unless removal is specifically approved by the Chapter President or Secretary/Treasurer and will be logged in and out in the meeting room journal;

5. Savings on utilities will be of primary concern and importance to member users at all times. Unnecessary utility consuming items will be 'off' when not in use. This is especially true for the hot water heater, air conditioner, heater, fans, etc.

6. Fuel, fuel cans and other highly flammable products will not be kept or stored in the meeting room.

7. The meeting room will be made available to other organizations on a rental basis, with the following conditions:

a. Availability to other organizations will be secondary to chapter requirements.

b. Availability is on a "first come, first serve" basis;

c. A minimum of 24 hours advance request is required.

d. The Chapter President must approve use by other organizations.

e. Rate Schedule:

Meetings: $2.00/hour, with a $5.00 cleaning/damage deposit. Charges will be in one-hour increments with a minimum of one hour.

Social Events: Evening events: $25.00. All day events: $25.00. One-half day events: $15.00, with a $25.00 cleaning/damage deposit for all events previously mentioned. (Deposit will be paid in advance and returned only after inspection by the chapter.)

f. Renting organizations must have a member or members who are also chapter members.

g. Renting organizations will be responsible far clean up.

h. The hanger area, defined as the western approximately two-thirds of the building, excluding the bathrooms, will be off limits to renters and their guests.

i. No alcoholic beverages will be consumed on the premises.

j. The above rules will he prominently displayed in the meeting room. III.

III. HANGER

1. The hanger, as defined in (7h) above, is to be used by the Chapter for the storage of Chapter owned aircraft, projects, materials, and equipment and by members for the purpose of construction and/or maintenance of member owned aircraft and/or aircraft related projects.

2. Fuel, fuel cans and other highly flammable products will not be kept or stored in the hanger. There will be NO SMOKING in the hanger at any time.

3. Re-fueling/de-fueling of aircraft will be kept to a minimum inside the hanger and will not be done unless a fire extinguisher is located close by and available for immediate use.

4. Members desiring to perform maintenance or construction on member owned aircraft will adhere to the following guidelines:

An hourly rate of $0.25 and a daily rate of $1.00 will be charged with 4 hours or more constituting a day. Charges will be in one-hour increments with a minimum of one hour.

b. Members will attempt to perform construction/maintenance as quickly as possible. No time limits will be firmly established, however members will be given a "reasonable" amount of time and will vacate as soon as practical. The Officers and/or Board of Directors will determine what a "reasonable " time is to be on an individual basis and will base their decision on other member’s needs. When the Officers and/or Board of Directors that a "reasonable" time has expired have determined it, the President will be instructed to inform the member that he/she must remove the item.

c. Hanger use will be on a "first come, first served basis." The Chapter President will maintain a written log noting the date of the request and order of use.

d. To preclude a member from attempting to force another member out for reasons other than needing the space, and to assist the Officers and/or Board of Directors in making their determination, a grievance procedure will be established. The requesting member's grievance will be submitted either in writing (handwritten, typed or what ever is convenient for the member) or as a formal verbal request to one of the Officers or a member of the board of Directors, stating the purpose for and the date/time he/she desires to use the hanger.

e. Members using the hanger for construction/maintenance will maintain their specific area in a neat and clean condition. At the end of a work session, the area surrounding the project will be swept and cleaned, with all loose items picked up and stowed. At the completion of work on a project and after vacating the hanger, the member/user will assure that the hanger area used is cleaned and ready for the next member's use.

f. If the work being done by a member on a member owned project requires the moving of a chapter owned aircraft out of the hanger, the chapter aircraft will be returned to the hanger at the completion of the work session. Under no circumstances will the Chapter aircraft be left outside overnight unless absolutely necessary.

g. The J-3 Piper Cub (hereafter called the Cub) owned by Arica Dutton, being a "Schoolflight" project, will be given special consideration by the following standards: The Cub may be hangered in the hanger at all times except when that specific Ranger space is required by another member for construction/maintenance. During the period of time that the Cub is hangered, the Chapter will be recompensed at the rate of $1.00 per day. If the Cub is removed from the hanger during the day for another member's use and then returned for the night, that will constitute a day's rate.

9· Members removing either the Chapter owned aircraft from the hanger will assure the security of those aircraft by checking and tying down the aircraft at all times they are out of the hanger. If these aircraft should be damaged by a lack of reasonable

IV. Upon Completion and adoption of these rules:

1. A copy will be displayed in a prominent location in both the meeting room and hangar area.

2. The contents will be read by all members at the next meeting following the adoption and so noted in the minutes. Thereafter, it will be the responsibility of each member not present at the meeting to apprise themselves of the contents by reading the display copies.



EAA CHAPTER 202 HANGAR LEASE AGREEMENT

 

This lease is made and executed by and between EAA Chapter 202 Inc. 12729 Airway, Panama City, Florida 32404 hereinafter called Lessor, and ________________________________________ hereinafter called Lessee.

Lessor is the owner of certain real property located at the Sandy Creek Airpark and has constructed thereon a Hangar

Lessee acknowledges that he is and will remain a member of EAA Chapter 202 and EAA International, and desires to lease from Lessor space pursuant to the terms and conditions set forth herein.

THERETOFORE for and in consideration of the mutual covenants and promises hereinafter set forth, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it is agreed as follows:

SECTION I

Description of Premises

Lessor leases to Lessee and Lessee hereby leases from Lessor sufficient space In or on EAA Chapter 202 Hangar property, Sandy Creek Airpark, County of Bay, State of Florida, for the storage, maintenance, construction, repair or assembly of aircraft, hereinafter referred to as space. The entire Hangar and surrounding property is defined as the premises.

SECTION II

Term

The term of this lease shall be for approximately ____________________, commencing on_______________ and terminating on _____________________.

SECTION III

Rent/Security Deposit/Maintenance Expense

As security for performance under this lessor Lessee shall donate to Lessor an amount equal to $ 45.00 for hangar space or 22.50 for tie down each month the space is leased by Lessor under the terms of this agreement.

Space fee payments shall be made monthly in advance and shall be delivered to the EAA Chapter 202 Treasurer in person or by mail by the 10th day of the current month for which payment is being made. All payments not paid within 20 days of the current month due shall be considered delinquent.

If occupancy of the space begins on any date Other than the first day of a calendar month or ends on any day other than the last day of a calendar month, space payments shall be pro-rated based on the ratio of the number of days the premises are occupied to the number of days in the calendar month the occupancy begins or ends.

SECTION IV

Repairs and Maintenance

Lessor at his/her sole expense, shall at all times keep the area he/she occupies (space) in good repair IAW EAA Chapter 202 Hangar Utilization Rules. Notwithstanding the foregoing Lessee shall not cause the exterior of the building, nor the roof nor any other portion of the premises to be altered either in color or type of material. Conflicts between other tenants relating to responsibility for maintenance of adjacent space shall be resolved by Lessor in its sole discretion.

In the event that maintenance or repair of the space becomes necessary and Lessee fails to perform same after being notified by Lessor in writing; then, ten days following said written notice, Lessor Mary, at its option, perform said maintenance and/or repair and assess the cost of same to Lessee. Such cost shall be included in the next monthly payment due from Lessee.

SECTION V

Use of Premises

The use of the space shall be restricted to the storage, maintenance construction, assembly or repair of aircraft and related activities. Lessee agrees to restrict his/her use to such purposes and not to use or otherwise permit the use of the space for any other purpose without obtaining the prior written consent of Lessor.

Lessee further agrees not to use the space in any manner, even in his/her use for the purposes for which the space is leased that will increase risks covered by insurance on the building where the space is located, so as to increase the rate of insurance on the premises, or to cause cancellation of any insurance policy covering the building. Lessee further agrees not to keep on the premises or permit to be kept on the premises anything prohibited by the Lessor. Lessee agrees to comply at his/her own expense with all requirements of insurers necessary to kept in force any fire and liability insurance covering the premises and building.

SECTION VI

Prohibition Against Waste, Nuisance or Unlawful Use

Lessee shall not commit or allow to be committed any waste on the premises, create or allow any nuisance to exist on the premises, or use or allow the premises to be used for any unlawful purpose. Lessee shal not do or permit anything to be done in or about the premises which will in any way obstruct or interfere with the rights of other Lessees of Hangar space or injure or annoy them.

SECTION VII

Alterations, Mechanic's Liens

Lessee shall not maker directly or indirectly, any alterations without first obtaining the written consent of the Lessor. Any such alteration or improvement shall become at once a part of the realty and belong to Lessor. Lessee shall keep the space and the building free from any liens arising out of any work performed , material furnished, or obligations incurred by lessee. Lessee shall not make any alterations of the premises until (5) days after receipt by Lessee of the written consent of Lessor in order that lessor may post appropriate notices to avoid any possible liability with respect to mechanic's liens or other such claims. Lessee shall at all times permit such notices to be posted and to remain posted until the completion and acceptance of such work.

SECTION VIII

Delivery, Acceptance, and Surrender of Space and Premises

Lessee agrees to accept the space and premises on possession as is. Lessee agrees to surrender the space and premises to the Lessor at either the date on which this lease is terminated pursuant to Section XII below or the end of the lease term, whichever occurs first, in the same condition as when Lessee took possession, with any improvements if made, allowing to reasonable use and wear, and damage by acts of God, including fire and storms.

SECTION IX

Rules and Regulations

Lessee shall faithfully observe and comply with the rules and regulations attached to this lease as Exhibit "A" as they may be modified from time to time by Lessor. Lessor shall not be responsible for any damage whatsoever to any tenant or other person, which may be attributable to the noncompliance by any Lessee within the building of which the premises is a part, for any of such rules and regulations.

SECTION X

Indemnity and Exculpation’s

Lessor shall not be liable to Lessee hereby for any damage or loss to Lessee or Lessee's property, and Lessee hereby waives all claims against lessor for damage to person or property from any cause whatsoever to include proven negligence . In addition, Lessee shall save, defend and hold Lessor harmless from al damages arising out of any claim or injury to any person or property occurring in, on, or about the space or premises.

SECTION XI

Assignment and Subletting

Lessee shall not assign, sublet or allow any other person to occupy the space or premises nor any part thereof, nor any right or privilege connected therewith.

Lessee acknowledges that his lease of the space or premises is directly related to his remaining a paid up member of EAA Chapter 202 and EAA International.

SECTION XII

Termination by the Lessor or Lessee

Except as elsewhere specifically stated, the Lessor may terminate this lease and all of its obligations hereunder at any time by giving Lessee thirty (30) days prior written notice under the rules and regulations stated at Exhibit "A".

Lessee may terminate this lease at any time by removing his property from the space or premises and payment of all payments due the Lessor. Fees cease upon removal of the Lessee's property from the premises and the Lessee acknowledges the Lessor is free to use the vacated space as the Lessor desires when the Lessee has removed his property.

SECTION XIII

Attorney's Fees

In any action brought by either party for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover costs of such litigation, including reasonable attorney's fees at trial and appellate levels.

SECTION XIV

Governing, Law

This agreement is to be read and construed in accordance with the laws of the State of Florida. The parties hereto agree that any court of proper jurisdiction presiding in Bay Counter, Florida shall be the forum for any actions brought hereunder.

SECTION XV

Severability

The invalidity, illegality, or enforceability of any provision of this lease shall not render the other provisions invalid, illegal, or unenforceable.

SECTION XVI

Entire Agreement

This lease contains all the agreements of the parties with respect to the subject matter and cannot be amended or modified except by a written agreement signed by all parties.

SECTION XVII

Successors

This lease and the covenants and conditions contained herein apply to and are binding on the heirs, successors, executors, administrators, and assigns of the parties to this lease.

SECTION XVIII

Waiver

The waiver by either party of any rights upon breach, violation or default in or with respect to the performance or observation of the covenants and conditions contained herein shall not be deemed to constitute a waiver of any rights upon any subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof.

SECTION XIX

Security

Lessee, his/her employees, agents, guests and representatives shall comply with security measures in use for the EAA Chapter 202 Hangar and premises. The Lessee agrees he will not hold the Lessor nor any other Lessee of space in or on the premises liable for breaches of hangar security

 

______________________________________________ Date __________________________.

LESSEE

 

_______________________________________________ Date __________________________.

EAA Chapter 202

Officer or Hangar Manager

LESSOR

Rev: August 19, 2000

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