Midwest National Air Center

Midwest National Air Center AIRCRAFT HANGAR LEASE AGREEMENT

This lease, made this day of , between the County of Clay, Missouri, (hereinafter "County") and , a lessee (hereinafter "Tenant").

In consideration of the sum of dollars per month payable in advance (or less 5% per month, if six (6) months of rent are paid in advance), the County hereby leases to Tenant in its present condition Hangar No. located at the Midwest National Air Center beginning the day of , and continuing on a month to month basis, under all the conditions and agreements contained in this lease, until such time as written notice of termination is provided by either party as provided in paragraph 26. Payment under this lease is to be made to the Midwest National Air Center, 16616 NE 116th Street, Kearney, Missouri 64060. The provisions of the Clay County Code of Ordinances, as amended, are incorporated herein and made a part of this Lease.

In consideration of this lease and the agreements expressed below, parties agree as follows:

1. Tenant agrees to accept the premises on an "as is" basis and to keep it free from trash, debris, danger of fire or any nuisance, and return the same, at the termination of this Agreement, in the same condition as received by Tenant; usual wear and tear excepted. In addition, Tenant shall notify the County of any work or repair required to maintain the property in the condition as received.

2. Tenant agrees to use the premises only for the storage and housing of aircraft and shall not use the premises for any commercial business, enterprise or activity.

3. Tenant shall not sublet, allow any other people to occupy nor shall Tenant assign this Agreement or any part thereof by his act, process or operation of law, or in any other manner whatsoever without the written consent of the Airport Director endorsed on this Agreement.

4. Tenant agrees to request and obtain written consent of the Airport Director prior to making any alteration to leased premises. Any such alterations must meet the County’s code requirements in effect at the time of such proposed alterations, including any requirement to obtain permits unless otherwise provided in a separate written agreement between the parties hereto. Tenant shall be responsible for the cost of any alteration. Tenant shall be liable to the County for all costs incurred by the County as a result of an alteration made without the County’s consent or not in compliance with all applicable County codes.

5. Tenant agrees to permit the County's agents to have at any reasonable time, the full and unrestricted right to enter the leased premises for the purpose of periodic inspection for fire protection, maintenance and to investigate compliance with the terms of this Agreement.

1 Resolution 2007-37 Initials______January 29, 2007 6. Tenant agrees to operate its aircraft and use the premises in accordance with all laws and regulations of the Federal Government, State of Missouri, and County of Clay, Missouri (specifically all Midwest National Air Center’s operating rules and regulations adopted by the Clay County Commission and as amended from time to time, on file in the Clay County Clerk or Airport Director’s offices).

7. Tenant shall indemnify and hold harmless the County, its agents, officers, representatives, and employees from all loss and/or liability of any nature arising directly or indirectly out of the acts or omissions of Tenants, its agents, servants, guests or visitors.

8. Tenant agrees that it will not hold the County, its agents, officers, representatives, or employees responsible for any loss occasioned by fire, aircraft towing or re-fueling, theft, rain, windstorm, hail or from any other cause except by the intentional or willful act of the County, whether that cause be loss to any airplane, automobile, personal property or any part thereof that may be located or stored in the hangar, aprons, field or any other location at the Midwest National Air Center. Tenant further agrees that the airplane(s) and contents are parked at the Midwest National Air Center at Tenant's risk.

9. Tenant shall be responsible for maintaining all insurance coverage for the Tenant’s interests in the premises and property located at the Midwest National Air Center.

10. Tenant shall maintain aircraft liability insurance in a total aggregate sum of at least $1,000,000.00. Tenant will also name the County as an Additional Insured and will provide the County a copy of the insurance policy upon request. Should the tenant cancel this insurance policy, written notification will be made to the Airport Director immediately . Tenant shall also maintain automobile liability insurance in the amounts of at least $100,000.00 for bodily injury; $300,000.00 combined bodily injury, and $100,000.00 property liability. Notwithstanding any other provision hereof to the contrary, violation of this provision is grounds for termination upon twenty-four (24) hour notice.

11. Tenant shall not: a. Use the premises or permit the use thereof in such manner as to make void or increase the rate on insurance thereon. b. Store flammable liquids, bases or flares within the rented premises; however, Tenant may store aviation oil in a sealed container. c. Paint, dope or spray paint aircraft or any other items within the rented premises. d. Fuel or de-fuel aircraft within the rented premises. e. Store automobiles, boats, trailers or other devices, not directly associated with the operation or maintenance of the Tenant’s aircraft, within the leased premises without the written consent of the Airport Director. However, Tenant may temporarily park operable motor vehicles in designated areas while the aircraft is being used. f. Store aircraft or equipment within the leased premises that exceed the weight of 12,500 pounds without the written consent of the Airport Director. g. Operate or allow the operation of electric, gas or oil heaters, appliances or other electrical devices within the rented premises unless the Tenant or Tenant's agent, servant or employee are present at the premises. h. Operate the aircraft’s engine within the hangar space.

2 Resolution 2007-37 Initials______January 29, 2007 12. Tenant shall have the right to use all public areas of the airport, including runways, taxi- ways, and related airport facilities customarily used by the air traveling public.

13. County agrees to maintain the leased premises in the same condition as when leased, ordinary wear and tear excepted, during the term of this Agreement.

14. County agrees to only replace light bulbs from original hangar light fixtures. Bulbs from any additional light fixtures will be replaced at tenant’s expense.

15. Tenant is responsible for the disposal of all hazardous materials. Oil, batteries, and tires from aircraft may only be deposited in designated recycling areas and containers. Any violation of this rule is grounds for termination of this lease.

16. If during the term of this Agreement, the premises are destroyed or so damaged by fire or other unavoidable casualty as to become unusable, either party may terminate the Agreement by giving written notice of the intention to do so within five (5) days after such casualty.

17. Tenant agrees that in the event of failure to comply with the terms and conditions of this Agreement, including failure to pay designated rent for more than 60 days, Tenant shall be considered in default of this Agreement and shall be terminated at the option of the County. In addition, if the Tenant is declared to be in default, the County may take immediate possession of the leased premises and remove Tenant's effects, forcibly if necessary, without being deemed guilty of trespassing or being held responsible for any losses or damages to possessions caused during the removal process. Upon said default, all rights of Tenant shall be forfeited, provided however, the County shall have and reserve all of its available remedies at law as a result of said breach of this Agreement. Failure of the County to declare this Agreement terminated upon default of Tenant for any of the reasons set out shall not operate to bar, destroy, or waive the right of the County to cancel this Agreement by reason of any subsequent violation of the terms hereof.

18. In the event that the County takes possession of the leased premises, Tenant shall have 30 additional days in which to remove all property remaining at the leased premises. Should Tenant fail to remove such property within the 30 days, Tenant shall be deemed to have abandoned such property and the County shall be entitled to dispose of such property at its sole discretion.

19. During time of war or national emergency, the County shall have the right to enter into any agreement with the United States government for military use of part or all of the landing area, the publicly owned air navigation facilities and/or other areas or facilities of the Airport. If any such agreement is executed, the provisions of this Agreement insofar as they are inconsistent therewith shall be suspended.

20. There is hereby reserved to the County for the use and benefit of the public, a free and unrestricted right of flight of the public and free and unrestricted right of flight for the passage of aircraft in the air space above the premises herein described together with the right to cause in said air space such noise as may be inherent to the operation of aircraft.

3 Resolution 2007-37 Initials______January 29, 2007 21. County is under no obligation to move Tenant’s aircraft in or out of the premises (“in and out service”). If, at Tenant’s request, County does move said aircraft, Tenant shall assume all risk of any and all damage--- regardless of fault or negligence--- , which may result therefrom. Tenant shall not leave the aircraft outside of hangar unattended. Tenant is responsible for ensuring that aircraft is inside the premises and does not create a traffic hazard for other aircraft.

22. The Tenant hereby deposits with the County and the County acknowledges receipt of the sum equal to one (1) month’s full rent as a security deposit for the premises. Upon termination of this Agreement and upon acceptance of the premises by the County, said security deposit shall be returned to the Tenant without interest provided Tenant's rental payments and any other account with the County are paid in full. Should Tenant return the premises in a condition unacceptable to the County, the County reserves the right to deduct from said deposit the amount required to restore the premises to the condition prior to this Agreement, except for usual wear and tear, or to credit said deposit against any delinquent rental or other account payments.

23. Tenant agrees to provide the County with a copy of a valid driver’s license, Government issued photo I.D. or Passport.

24. Tenant agrees to notify the County, in writing, within thirty (30) days of any change of Tenant name specified on this lease. If such a change occurs, the County, at its sole discretion, may terminate the lease in effect or require execution of a new lease with the Tenant under the changed name at the County’s option.

25. The County from time to time may amend the monthly lease rate recited above by providing Tenant with at least thirty (30) days written notice of the amended rate(s).

26. The County or Tenant may terminate this Agreement, with or without cause, by delivering written notice of termination not less than thirty (30) days prior to the effective date of termination. If the Tenant’s rent is current as of the effective termination date, the Tenant will be refunded the prorated amount for the remainder of the month after the effective 30 day termination date.

27. Tenant acknowledges receipt of a copy of this Agreement and understands that a copy of the Midwest National Air Center’s Rules and Regulations can be obtained upon tenant’s request at the Airport Director or Clerk’s offices. Tenant further acknowledges that the rules and regulations are specifically incorporated by reference as though fully set forth herein.

28. Tenant agrees that all monthly rental payments shall be paid in advance of each month’s occupancy and to pay a late fee of $20 for each payment that is not received within 10 days after the 1st of the each rented month. In addition, Tenant agrees to pay a fee of $20 for each check that is not honored.

4 Resolution 2007-37 Initials______January 29, 2007 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written.

TENANT AIRPORT DIRECTOR

______(Sign Here) (Sign Here)

Tenant Billing Data:

(Please print)

NAME ______

ADDRESS ______

CITY & STATE ______ZIP ______

HOME PHONE ______WORK PHONE ______

E-MAIL______CELL PHONE ______

AIRCRAFT YEAR ______MAKE ______MODEL______

AIRCAFT REG. #______AIRCRAFT COLORS______

For Airport liability Insurance purposes only, please give an approximate estimate of based aircraft’s value:

$______

Welcome to the Midwest National Air Center!

5 Resolution 2007-37 Initials______January 29, 2007 Midwest National Air Center Clay County, Missouri 13106 Rhodus Road Excelsior Springs, MO 64024 ______Colin McKee C.M. Airport Director

HANGAR TERMINATION NOTICE

This TERMINATION is made on the _____ day of ______, 200___, between Midwest National Air Center and

______the tenant in hangar unit # ______

1. This notice needs to be filed with the Airport Management no less than 30 days prior to termination.

2. All termination requests must be stated in writing on this form and received by airport staff before they are considered official.

3. The tenant will be responsible for scheduling a final inspection of the hangar or tie-down area to insure that there are no damages to the hangar or tie-down area other than normal wear and tear. The cost of any repairs or damages will be the responsibility of the tenant.

4. The removal of any items left in the hangar or the tie-down area will result in a $100.00 charge for the disposal and a $15.00 per hour charge for the clean up.

5. Security deposits on file will be refunded no less than 30 days after tenant has vacated upon acceptance of hangar condition and no outstanding invoices owed.

IN WITNESS WHEREOF, the parties have hereunto set their hands this day and year above written.

TENANT Midwest National Air Center

______Name Date Name Date

COUNTY USE ONLY

Received by customer ______6 Resolution 2007-37 Initials______January 29, 2007 Prorated for the ______half the month. Hangar deposit refunded ______

7 Resolution 2007-37 Initials______January 29, 2007