All,  Tuesday May 11, 2004

We have just past another major hurtle in the process of getting our field
reopened. I am just returning from the May 2004 Johnson County Park
Council Meeting where the new Lease Agreement between Johnson County Park
and Recreation District and the Shawnee Mission Radio Control Club was
reviewed and a recommendation for approval from the Council is being
forwarded for consideration by the Johnson County Park and Recreation Board
(scheduled for 19 May 2004). The only outstanding unresolved issue for us
is that we must show proof that our Not For Profit Corporation status with
the State of Kansas is current. That paperwork and the necessary back due
assessments were sent to the State on Thursday of last week for overnight

I now have a copy of the new Lease Agreement and I want to highlight those
portions of it that pertain in particular to all of us as fliers. Again
let me re-emphasize this is NOT final or approved until after the Park
Board has seen it and blessed it. Having the Council's recommendation to
Approve makes it very likely that it will be.

Please take note of our responsibilities. The Park looks to each of us as
conscientious safe fliers to insure that we "all" live up to the rules and
restrictions of the field and that we also make sure that only properly
trained/certified pilots fly from our field. We "all" have to agree to
help enforce our field rules etc. or this won't work and we'll be left
without a place to fly.

As I mentioned in the newsletter I want to discuss a few things with all of
you as they pertain to the new agreement. I hope I'm in town to do that.
Meanwhile, I appreciate all of your patience we are very close I think to
having the field back and I'm starting a to do list of things we need to
get accomplished before that happens. I'll need your help!

Here are some of the details (paraphrased in many instances):

General Use Conditions of the Field. The FIELD shall be used by the
Shawnee Mission Radio Control Club (known throughout this document as RC)
under the following general conditions (note that "and the public" was
stricken from this agreement):

(a) The FIELD may be used for the following park and/or recreational
purposes only, and no others: Fly radio controlled miniature airplanes and
related recreational activities.

(b) RC is granted the sole responsibility of operating, managing and
supervising all radio controlled flying activities conducted at the FIELD.

(c) All flying activities at the FIELD as well as the training and
certification of all persons who use the FIELD for flying activities ,
shall be conducted pursuant to rules, policies, guidelines and/or
procedures adopted by RC, consistent with the terms of the most current AMA
Safety Regulations for Fixed/Rotary Wing Model Aircraft Gas Turbines, as
now existing or herein after stated or revised, and consistent with this
agreement and the Rules and Regulations of the DISTRICT.

(d) Fly and no-fly zones at the FIELD will be designated by the DISTRICT
and shall be strictly enforced. Flight Patterns shall be modified in order
to provide maximum safety for other park patrons, for persons using the
ball fields adjacent to the park, and adjoining neighbors.

(e) Before any person may use the FIELD and as an express condition of
continued use RC must have and present to the DISTRICT satisfactory proof
of current in force insurance as set forth hereinafter.

(f) Every person using the FIELD must be a RC member or prospective RC
member and have satisfactory proof of current insurance as set forth
hereinafter before undertaking or participating in any flying activity.

(g) Every person using the FIELD for flying activities shall be properly
trained by RC and/or certified by RC to use the FIELD, including
orientation of each user with the designated fly and no-fly zones at the
FIELD and the proximity and danger associated with the nearby baseball
complex and nearby houses.

(h) Every person using the FIELD for flying must agree in writing to
indemnify the DISTRICT as required hereunder.

(i) Radio controlled flying activities may be held at the FIELD on such
dates and at the times as may be determined by the RC, consistent with
safety rules and procedures.

(j) Recreation fees may be charged by RC for use of the FIELD by its
members. Monies received by RC from operations conducted on or at the
FIELD shall be substantially used for maintenance, operation and
development of the FIELD.

(k) RC agrees that the FIELD and the facilities thereon must be made
available on a rational basis among any various groups within the RC
organization, and its prospective members.

(l) The DISTRICT reserves the right to close either temporally or
permanently the FIELD in the event it determines there are dangerous and/or
repeated violations of the no-fly zone.

(m) We have right to appeal.

(n) The DISTRICT personnel have rights to enter the FIELD

(o) RC and the DISTRICT shall mutually confer and agree on how RC may
monitor the use of the FIELD to insure compliance with the no-fly zone.

RC Duties and Responsibilities:

(a) RC shall have sole responsibility of operating, managing and
supervising all radio controlled flying activities conducted at the FIELD
and of properly training and certifying all persons who use the FIELD for
flying activities.

(b) RC shall adopt and implement AMA safety regulations and guidelines,
rules and regulations of the DISTRICT and rules policies ..... adopted by
the RC. All shall be reduced to writing and copies provided to the
DISTRICT and to all persons who use the FIELD for flying activities in
advance of their participation in any such activity.

(c) RC shall conspicuously post its rules at the FIELD along with a diagram
of the fly and no-fly zones.

(d) RC shall properly train and designate certified trainers. They will
have the responsibility of training and/or certifying all participants in
flying activities at the FIELD. RC shall provide a list of all certified
trainers to the DISTRICT and shall keep this list current with the

(e) RC acting through its duly designated and certified trainers shall
determine the eligibility of all persons to participate in flying
activities at the field and shall determine which flying activities each
person is eligible to participate, each person must show proof of
satisfactory insurance.

(f) RC acting through its duly designated representatives shall determine
that each user of the FIELD for flying activities prior to any such use has
executed a statement acknowledging familiarity with the fly and no-fly
zones and further agreeing to indemnify the DISTRICT.

(g) RC shall keep the FIELD in good condition

(h) RC and its member shall promptly report to the DISTRICT any and all
violations of the no-fly zones at the FIELD.

More but mostly administrative and they talk to monthly reports maintaining
the Field keeping our Not For Profit status current and that we will confer
and agree on how to monitor the use of the FIELD to insure compliance with
the no-fly zones.

The rest of the document talks top the Parks responsibilities, Default,
Remedies and the other legal stuff.

NOTE I have paraphrased a lot of the writings to get you the point of the
entry more than its word for word content.


Richard G. Waeltermann
President, SMRCC
[email protected]