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September 22, 2017, 07:51:25 AM
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CAP Talk  |  General Discussion  |  The Lobby  |  Topic: MOU vs Lease
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Joe
Newbie

Posts: 2
Unit: tn-153

« on: March 11, 2017, 07:42:27 PM »

I'm seeking information regarding "when to use".

Logistics physically property reg. introduces "lease" as the means by which CAP units place their agreement / arrangement with landlord.  When is an MOU used in place of a property lease?

Example: #1
Let's say a state police post has no problem with letting a CAP squadron use it's building space for meetings.  The post commander has authority to approved use of the building. A lease, one displayed in the property regulation is created, reviewed by Wing legal then submitted to Wing commander for blessing.  It's blessed then submitted to post commander for signature. He/she signs and document is sent up chain to Wing.  All is good.

Example: #2
Let's say Wing wants an MOU rather than a lease.  Property reg. does not mention use of MOU nor dose reg. provide sample MOU document.  This time Wing creates the MOU sending it down chain to squadron for presentation to state police.  Police commander can't sign an MOU obligating the entire state police system.  He refuses to sign but agrees to submit document to State Police HQ.  Everything now on hold and very possible an MOU will not be signed. 

The question?
Why would an MOU be preferred over a property lease agreement?
If MOU is used as a property lease then why is the MOU not detailed within Logistics Regulations??? 

CAPR 87-1 (E)

Joe
« Last Edit: March 12, 2017, 01:17:31 AM by SarDragon » Logged
Eclipse
Too Much Free Time Award
***
Posts: 27,830

« Reply #1 on: March 11, 2017, 08:06:32 PM »

CAP doesn't dictate what it "wants" in regards to property use documents, the owner does.
And certainly your Wing can't dictate to a property owner one type of document vs. another.

I haven't personally ever seen an MOU used for meeting space - Letters of Authorization, yes.

However in my experience it's either "nothing" or a lease, and frankly I would think a lease is preferable by all parties
since lease holders have very specific rights, even if they don't pay anything.  My unit has a shared meeting
room once a week for 3 hours and the occasional Saturday, but we still sign a lease for those days.

MOUs aren't in ORMS because that's not what they are intended for.  An MOU establishes a partnership between two
or more parties, not authorize use of a specific resource(s), plus MOUs don't fall under tenant agreements so
the rights of tenant and owner are not addressed or protected.
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"Effort" does not equal "results".
The contents of this post are Copyright 2017 by eclipse. All rights are reserved. Specific permission is given to quote this post here on CAP-Talk only.

Live2Learn
Seasoned Member

Posts: 418

« Reply #2 on: March 11, 2017, 09:20:35 PM »

I used to be cc for a sqdrn on an air force base.  We didn't have a "lease" or a "letter of agreement".  We had an MOA, and that's how I reported it at the end of every year when reports were due.  Dunno what they've got now as I'm not in that unit.
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arajca
Salty & Seasoned Contributor

Posts: 4,139

« Reply #3 on: March 11, 2017, 10:50:15 PM »

Generally, and disregarding the legal aspects of the term "lease", what CAP is looking with a lease is a document the says you have approval to use your meeting location. It can be a letter saying the unit can meeting there or it can be a full, multi-page legal document. As the wing LG, I've seen both and a variety of formats in between. CAP is trying to get away from the handshake approvals that many units have had. And some still do.
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PHall
Salty & Seasoned Contributor

Posts: 5,807

« Reply #4 on: March 12, 2017, 12:30:06 AM »

I used to be cc for a sqdrn on an air force base.  We didn't have a "lease" or a "letter of agreement".  We had an MOA, and that's how I reported it at the end of every year when reports were due.  Dunno what they've got now as I'm not in that unit.

My unit meets at a Naval Weapons Station and we have a Licence. Vetted and signed by both the Navy and CAP JAG's.
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BHartman007
Forum Regular

Posts: 196
Unit: SWR-TX-098

Ellington Composite Squadron
« Reply #5 on: June 02, 2017, 09:49:12 AM »

My unit has an actual MOU with our host base.
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Wing Assistant Director of Administration
Squadron Deputy Commander for Cadets
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