Lease or agreement for use of armory
- deposit of use fees in Adjutant General’s Special Armory Account.
1.The person or governmental entity applying for the rental of an armory or space within an armory must execute and deliver a written agreement which must include among its provisions:
(a)The full name and address of the applicant;
(b)The purpose for which its use is desired;
(c)The nature and manner of the intended use of the space;
(d)A reasonable rental, which may include a security deposit, to be paid for that use; and
(e)The amounts to be paid for heating, lighting, janitorial and other services connected with its use.
2.The terms and provisions of the agreement must be governed by Office regulations issued pursuant to this chapter, which regulations must include provisions designed to prevent unfair competition with privately owned property and business.
3.No agreement for use made pursuant to subsection 1 is effective until the agreement or lease has been approved and executed by the officer in charge of the armory or the officer’s authorized representative, and has been approved by his or her military superiors as prescribed by Office regulations issued pursuant to this chapter.
4.No agreement or lease made pursuant to subsection 1 may be assigned in whole or in part nor may space be sublet to or used by a person or entity not a party to the agreement, unless each assignment, subletting or use is first approved in writing by the officer in charge of the armory or the officer’s authorized representative.
5.All money paid or given, directly or indirectly, for the rental of an armory or to obtain an agreement or permission to use the armory are use fees within the meaning of this section and must be paid to the officer in charge of the armory or the officer’s authorized representative. Any person other than the officer in charge of the armory or the officer’s authorized representative who receives that money shall immediately pay over the money to the officer in charge of the armory or the officer’s authorized representative, who shall immediately forward the money to the office of the Adjutant General to be placed in an account in the State General Fund entitled the Adjutant General’s Special Armory Account, to be used by the Office to:
(a)Make necessary repairs and improvements of state armories;
(b)Construct new facilities;
(c)Fund military activities and affairs;
(d)Further relations with the community in which the armory is located; and
(e)Further relations with the State.
6.The expenditures made pursuant to subsection 5 must be made according to Office regulations and must be approved by a board of three persons appointed by the Adjutant General.
7.When the use of an armory is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any unit of the reserve officers training corps, the Adjutant General may require the execution of a contract or agreement for that use, upon such terms and conditions as he or she prescribes.
Section 412.108 — Lease or agreement for use of armory; deposit of use fees in Adjutant General’s Special Armory Account.,