PDA

View Full Version : Magazine Storage Agreement



FBlaster
03-10-2023, 09:05 PM
I have my interview next week and the last thing I'm working on is written agreement from property owner to store the magazine on their land which they have agreed to. It will be a mobile/portable type IV magazine.

Just was wondering if anyone had a template or sample that they could send me to make sure I cover everything needed. Thank you!

displayfireworks1
03-11-2023, 07:54 PM
If you are applying for the ATF Fireworks license and working on a magazine at the same time, the ATF Inspector will educate you on what is needed. Just a thought off the top of my head would be to make the letter from the property owner as inclusive as possible, similar to rental agreement i.e length of the agreement , access to the magazine , copy of the property owners drivers license to prove he lives there etc. The more details of ownership and terms outlining how many magazines etc. the better. I don't know your situation but the usual route is to get the ATF Fireworks license first through a contingency agreement and then pursue your own storage magazine if needed. You can however do both simultaneously but it takes a little more work on your behalf and the ATF's behalf. Don't volunteer questions AND answers. For example don't say "Should I get the letter notarized" . Let them you what they want. Let us know how it goes.

Arclight
03-12-2023, 03:06 AM
Here is the test of what I used for my explosives business. The ATF accepted it. They told me they wanted to see that I had legal access to the property in writing, and that the owner of the land is aware of what is being stored/used there.


Lease Document – XXXXXXXX Project

Parties:
This agreement (the “Lease”) is dated as of 8/1/2019 by and between XXXXXXXX (the “lessee”) and XXXXXXXXX (the “lessor”). The terms are as follows:

Premises:
Premises leased are described as follows:

Magazine location:
75x75’ gravel pit area, located at XXX XXXXXXXXXX
XXXXXX address, GPS coordinates XX.XXXX, -XXX.XXXX (WGS84).

Testing and other locations:
Use of additional sites on-property for explosives testing as needed and mutually agreed upon.

Other:
Use of trailers, workspace and other facilities as needed and mutually agreed upon.

Terms:
1. This lease will begin on 8/15/19 and last for a duration of (12) months.

2. Lease will auto-renew for (12) months at end of each term unless terminated by either party.

3. Lessee is responsible for removing any regulated material and other property if lease is terminated.

4. Lessor shall make accommodations and allow for lessee to move or destroy any regulated materials stored on-site if required.

Termination
Lease may be terminated with (60) days notice by either party.

Allowed activities
Storage, testing, assembly and use of explosive or pyrotechnic material to support both lessee and lessor’s operations will be permitted, as allowed by Federal, State and Local regulations. Lessee will be responsible for maintaining required permits. Additional use of lessor’s facilities will be at lessor’s discretion.



Payment
Lessee agrees to assist in providing blasting and other technical services to support Lessee’s operation, at a value of $100 at lessee’s standard rates, or $100 per year if no services are required.

Property Liability and Damages
Lessee agrees to maintain leased property in a clean condition and to be responsible for any damage to or clean-up of on-site property resulting from lessee’s activities. Lessee will not be responsible for damage caused by activities supporting lessor’s customers or other requested activities.

Signatures


Signed:_________________________ Date: 8/1/2019
XXXXXXX
Products, Inc. (“Lessee”)


Signed:_________________________ Date: 8/1/2019
XXXXXXXXX
(“Lessor”)

FBlaster
03-12-2023, 11:47 AM
I do have a contingency agreement currently. Just happened to purchase the trailer after I had sent my info off. The ATF has reached out to me and they are fine with everything that I'm doing, just want that written agreement where I'm storing the trailer.

FBlaster
03-12-2023, 11:49 AM
Archlight, this is exactly what I was asking for. I had something typed up very similar to this, just didn't have terms in length. I will add this to mine. Thank you for your response.

Arclight
03-12-2023, 02:58 PM
Archlight, this is exactly what I was asking for. I had something typed up very similar to this, just didn't have terms in length. I will add this to mine. Thank you for your response.

I recommend adding the "will renew automatically" language. Otherwise, they will want to see a new lease agreement at every renewal inspection. I did not notarize mine and they just accepted it. I don't remember if they contacted the landowner, but they certainly could if they wished.