Looking for a Simply Hangar Lease Agreement [Archive]

sleemanj

29th Mar 2010, 00:28

Here's the one our microlight club uses...

NB: I am not a lawyer, and it hasn't been run past one.

This LEASE AGREEMENT made;
BETWEEN

___________________________________________________________
(hereinafter referred to as the Lessor)

AND ___________________________________________________________

ADDRESS ___________________________________________________________
(hereinafter referred to as the Lessee)

THE LESSOR agrees to grant and the Lessee agrees to take a lease of a portion of space in a hangar owned or operated by the Lessor hereto upon the following conditions. That is to say:

1.THE LEASE shall be (complete one):

a.For a term of one calendar month or part thereof commencing on ______________________ at a current cost of $_________ to be paid on or about the 20th of that month except where the commencement date is after the 20th of the month in which case no payment will be required until the 20th of the month following. Hereinafter leases under this term shall be referred to as “month-to-month”; OR

b.For a term of _____ year(s) each consisting of twelve months commencing on the ____________________ at a TOTAL cost of $________ to be paid immediately on commencement. Hereinafter leases under this term shall be referred to as a “prepaid”.

2.RENEWAL of this lease shall be in accordance with the following terms:

a.A month-to-month lease shall automatically renew on the 1st day of each month for the term of that calendar month until the lease is terminated in accordance with the conditions of this agreement. Month-to-month leases shall not be pro-rated for part months and are for a month or part thereof, as such payment in full is required for each calendar month regardless if the lease is no longer required for part of a month excepting the first month where commencement is after the 20th of the month as recorded in 1(a).

b.A prepaid lease shall roll over to become a month-to-month lease at the conclusion of the prepaid period. The Lessee may negotiate at that time with Lessor to commence a new prepaid lease.

3.PERMITTED USE:

a.Hangar space for one MICROLIGHT aircraft (or other individual aircraft which is specifically permitted by the Lessor) in a hangar owned or operated by the Lessor. The specific hangar to be assigned by the Lessor at the commencement of this lease and which may be reassigned temporarily or permanently at any time by the Lessor as may be required for operational reasons.

b.Storage and use of the aircraft is to be in accordance with the lease conditions placed on all leaseholders on the airfield.

4.LESSEE RESPONSIBILITY:

a.The Lessee must at all times remain a financial member of ___________________ and follow all the published Rules of this organisation.

b.The Lessee must at all times keep the Lessor informed regards the current postal address and telephone number of Lessee.

c.The Lessee must take all due care in use of the hangar, by but not limited to;

1.taking care when moving aircraft that no aircraft comes into contact with another or in contact with any other structure in such a manner as to cause damage; and

2.taking care to return to the hangar in a careful and orderly fashion all aircraft which were necessary to move in order to access the Lessee's aircraft - as soon as Lessee's aircraft has been extracted; and

3.taking care with regards to security to close and lock all doors of the hangar when leaving the hangar at a time which no other Lessee is remaining at the hangar – even when “doing circuits”; and

4.taking care to be courteous to other Lessees in the same hangar by not obstructing their use and enjoyment of the hangar; and

5.not refuelling aircraft in the hangar or storing excess fuel in the hangar; and

6.reporting to the Lessor as soon as possible any and all matters which require attention.

5.SUB-LEASING:

a.The Lessee of a prepaid lease shall have the right to sub-lease the space allocated upon first obtaining the consent of the Lessor. That consent shall not be reasonably withheld. The sub-lessee must in all cases be a member of ___________________ and follow all the published rules of this organisation and comply with the applicable parts of this agreement. The Lessee will in all conditions remain bound by the conditions of this agreement and responsible for the actions of the sub-lessee.

b.The Lessee of a month-to-month lease may not sub-lease the space under any circumstances.

6.LIABILITY WAIVER:

a.Lessee does hereby voluntarily assume all risk of accident or damage to his property and hereby releases Lessor and officers, from every claim, liability or demand of any kind for or on account of any personal injury or damage of any kind sustained by Lessee.

a.Lessee agrees to indemnify and hold Lessor harmless from and against any liability of whatever nature including claims, losses and damage to which Lessor may be subjected by reason of any negligence of Lessee or his successors and assigns causing damage to persons or property or both in connection with Lessee's use of the hangar.

7.PAYMENT for this lease shall be by AUTOMATIC BANK PAYMENT to the bank account of the Lessor. Each and every payment will be annotated with the Surname and first initial of the Lessee, the Aircraft Registration letters, and the word “HANGAR”. Month-to-month lease payments shall be paid on or about the 20th day of each calendar month in which the aircraft is hangared. Prepaid leases must be paid in full at or before commencement of the lease.

8.REVIEW of the monthly price and payment required for a month-to-month lease may be conducted by the Lessor at any time and the price adjusted by giving 1 month written notice to the Lessee.

9.FAILURE to meet any of the obligations of this lease by Lessee will result in immediate termination of the lease by Lessor and the immediate removal of the aircraft by Lessor, any damage resulting from such removal shall be the sole responsibility of the Lessee.

10.CANCELLATION BY LESSEE: This lease may not be cancelled by the LESSEE until the completion of the Lease term. That is, in the case of a prepaid lease the Lessee may not cancel until the pre-paid term is complete, except where specific agreement is reached and made in writing with Lessor to permit early cancellation. In the case of a month-to-month lease the Lessee may elect to not renew the lease for a subsequent month term.

In all cases of cancellation, notice must be sent to the postal address of Lessor within 7 days of removing the Aircraft from the Hangar. Failure to provide notification will result in continuation of the Lease and required payments.

11.CANCELLATION BY LESSOR: This lease may be cancelled by the LESSOR by way of 2 months notice. In the case of a prepaid lease a prorated amount of the prepaid lease shall be returned by direct credit to the LESSEE's nominated bank account. In the case of a month-to-month lease, no payment shall be returned.

DATED this ___________ day of ______________________ Year _________