UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

Safer Medical of Montana and George Ackerson Complainants, v. City of Fort Benton, Montana and Chouteau County, Montana Respondents. ) ) ) ) ) ) ) ) ) )


# _____________ ) FAA Docket No. 16-15-12

RESPONDENTS REPLY TO REQUEST FOR ADDITIONAL

INFORMATION AND NOTICE OF EXTENSION OF TIME Come now the Respondents in the above entitled matter and file their response to the FAA's Request For Additional information as follows: REQUEST FOR ADDITIONAL INFORMATION. I. LEASE INFORMATION. A. Attached hereto as Respondents' Exhibits A1 and A2, are the present site lease between the Chouteau County Joint Airport Board (CCJAB) and George Ackerson; and the hangar lease with Safer Medical of MT, Inc. B. Attached hereto as Respondents' Exhibits B1, B2, and B3, are the present hangar lease between the CCJAB and Andy Taylor and the site leases between the Board and Taylor Aviation, Inc. The City was unable to locate a copy ofthe present site lease between the Board and Taylor Aviation, Inc.; however, the rent has been paid and Taylor Aviation is in compliance with the terms and conditions of its lease. Furthermore, Taylor Aviation has taken no action to indicate its intent to abandon or give up its lease. The rental rate for all Fort Benton Airport site leases is based on $10.00 per square foot and the hangar leases on the southwest area ofthe Airport are fixed at $75.00 per month. The hangar leases on the east end ofthe airport are fixed at $140.00 per month. All tenants are charged the same rate.II. RATE INFORMATION FOR AERONAUTICAL AND NON-AERONAUTICAL USE. A. The monthly rental rate for hangar bays is established by the CCJAB. The Board sets the rate based in part on the demand for leased space and the overall condition ofthe hangar. The Board reviewed and raised the rate on the Airport owned hangars on the southwest area ofthe Airport approximately six years ago. The rate was increased to $75.00 per month. When the County constructed the new 10 bay hangar on the east end ofthe Airport, the Airport engineers, Robert Peccia 

### &Associates, submitted a business plan to the FAA addressing capacity and vacancy factors. The Board utilized this information to set the rental rate for the new hangar on the east end ofthe Airport. B. The Respondents have not established a rental rate for non-aeronautical use ofAirport owned hangar space and Respondents do not believe any Airport owned hangars are being utilized for non-aeronautical purposes. C. The Respondents have not established a variable rental rate for hybrid use ofAirport owned hangars for aeronautical and non-aeronautical use. Respondents do not believe any lessees are using Airport owned hangars for aeronautical/nonaeronautical use. D. Taylor Aviation, Inc. has a site lease on the southwest end ofthe Airport. Taylor Aviation stores liquid chemicals in shuttles in a hangar owned by Taylor Aviation. No chemicals are stored in any hangars owned by the Airport. The chemicals are transferred from the shuttles to the spray planes and applied through aerial spraying. Respondents are aware that on occasion, Taylor Aviation may sell a shuttle to a client to be used for ground application in areas that cannot be sprayed from the air. Respondents' consider these sales to be incidental to Taylor Aviation's aerial spraying business. Ill. AIRPORT MAINTENANCE PLAN Based upon information and belief, Respondents' do not believe the Airport has a maintenance plan in place at this time. IV. AIRPORT MINIMUM STANDARDS The Chouteau County Joint Airport Board is in the process of adopting rules and Regulations for the Chouteau County Joint Airports. A preliminary set of proposed rulesand regulations was drafted by the Board for consideration and discussion. Following discussion by the Board a final draft, incorporating the Board's suggested changes, was prepared and will be voted on at the Board's September 15, 2016, meeting. See Respondents' Exhibit C. V. EFFECT OF THE 1998 AGREEMENT ON EXISTING LEASES. A The 1998 Agreement provides "the CCJAB has agreed to not renew leases for these sites as they are given up. This should eventually provide for the abandonment ofthe existing site. The CCJAB also realizes that the FAA will not participate in any improvements at the existing site." It is the Respondents' position an existing lessee needs to take affirmative action and show intent to abandon the lease before the lease would be terminated. Ifthe lessee continues to pay the rental fee and comply with the lease terms, the lease remains in effect. Ifa lease is terminated the Board now understands they cannot lease the site again. None ofthe present CCJAB members were on the board in 1998 and they unaware ofthe specific terms and conditions regarding status of a lease once it was "given up". Joe Nye, FAA Project Manager in the Helena, Montana Airports District Office stated on October 1, 2015, that "It is apparent that the lease with Mr. Ackerson was not entered into with the board's knowledge ofthis commitment." Although the 1998 Agreement was intended, over time, to result in the phase out ofthe southwest area ofthe airport, this has not happened; and it is unlikely to happen in the future. The only site lease that appears to have been "given up" at this point is a portion ofthe site originally leased to Lohse Flying Services/William Lohse. Lohse Flying Services/William Lohse leased lots 11, 12, 13 and 14. George Ackerson's February 1, 2013 lease covers lots 11, 12 and %of lot 13. The Respondents are not aware of any other site leases that have been abandoned or "given up". B. With the exception ofthe February 1, 2013 site lease to George Ackerson, Respondents have not issued any new site leases. The remaining site leases existed prior to the 1998 Agreement and have not "been given up". As long as the lessee wishes to keep the lease in place and continues to pay rent and comply with the terms and conditions ofthe lease, the Respondents do not believe the 1998 Agreement givesthe CCJAB the right to terminate an existing site lease. The Respondents do not believe the CCJAB has selectively renewed certain leases and terminated other leases. With regard to the site lease with TaylorAviation, Inc., the City does not believe this site will ever be abandoned. TaylorAviation, Inc. is a successful corporation that provides aerial spraying offertilizer and other chemicals to the regions farmers. Taylor Aviation also contracts with the US forest Service to provide aerial application offire retardants throughout the state and the region to fight forestfires. ltTs highly unlikely TaylorAviation will abandon its site lease and move its operation to the east end ofthe airport. j 7

**I{·~"** Respectfully submitted this .,...; dayofAugust, 2016. BOSCH,KUHR,DUGDALE MARTIN & KAZE, PLLP
By:


# ~~By:

**BliaflLfue~** Attorneys for City of Fort Benton MACo Defense Services

Mitchell A. Young
. Attorneys for Chou



### ~ountyCERTIFICATE OF SERVICE I hereby certify that I have this day the foregoing Respondents Reply To Request For Additional Information And Notice Of Extension Ofon the following persons at the following addresses or email addresses by electronic mail: Adrian 

### A Miller Holland & Hart LLP 401 North 31st St. Suite 1500 P.O. Box 639 Billings, MT 59103-0639 AAMiller@hollandhart.com Brian Lilletvedt Bosch, Kuhr, Dugdale, Martin & Kaze, PLLP PO Box 7152 Havre, MT 59501 blilletvedt@bkdlaw.org Office ofthe Chief Counsel FAA Part 16 Docket Clerk, AGC-600 Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 9-AWA-AGC-Part-16@faa.gov Dated this

## 23,J day ofAugust, 2016.CHOUTEAU COUNTY JOINT AIRPORT BOARD

This agreement is made and entered into on



# ~' **~** between the Chouteau County Joint Airport Board, of PO Box



## ~ , Fort Benton, Ml' 59442, herein referred to ae 14BOARD", and



### -Qf4-~"'---- 

# Q rk•A

### D<\1-J of 

## 81

# !J.C/.u; d

# /.oke 

## fi.J

**~**

# :Aud.tMt 'frtf. fi94,;.J;:2 (full mailing address), herein referred to as "LESSEE."

**~TNBSSBTHa** That the BOARD for an in oonaideration of the rents and ooverumte hereinafter mentioned and to be paid and performed by the said party of the LBSBBB, has leased, and by these presents does lease unto the LBSSBE, the following described area of ground,

**to-wit~** Lot 

# A4f/:o Jl 1 

## /2. 1



## ~/1 **~** 

## 13

as shown on the ALPSCO SUrvey plat drawn of the '!:'art Henton

**.~** i rnnrt Municipal Airport and kept on file by the Chouteau County Joint Airport Board. Bubject to any existing roadways or taxiways used by other members of the public. said roadways and taxiways shall remain open and unobstructed at all times anq available for public use. TO HAVE AND TO BOLD, the above leased premises to the LBSSEE, its heirs, executors, administrators and assigns for and during the full te of ten ( 10 ) years from and after the ht- day of



### _ ,

**~..2.0J.J** with the privilege of renewal by mutual agreement of the parties hereto. The leased premises are leased for aviation enterprise& with the exception that equip:nent usEod for tll.e application of chemicals, including ground applicators, may be kept on the leased premises. And LBSSKB, for its heirs, executors, administrators and assigns agrees to and with the BOARD, to pay as rent for the above mentioned premises the sum of 

### .2.. Hundred '!'1

## 0
. no I l DO

- - - - - - Dollare 

## ($J.70· (11) ) per year in advance on or before January 1, of each year for and during the life of this lease. Tbe BOARD may allow biarmual payznente. In that event, the payments shall be due January 1 and July l of eaoh year. LBSSJm shall keep and maintain the leased premises in a reasonably clean and neat condition at all times, shall keep the premises in a good state of repair and a·hall surrender the pretnises to the BOARD at the expiration of the lease in ae good condition as when received, reasonable wear and tear excepted. 

### EXHIBIT page l 

# /-IIn the event the LESSEB shall fail to pay the rent provided for herein within thirty days of the due date, the LESSEE shall he in default of this lease and the lease shall he subject to termination. The LlWSEE shall also be in default if upon receiving fifteen days notice in writing of a failure to comply with any of the terms or conditions of this lease, the LBSSEE does not oomply with all said terms and cood:itiana. At the end of the fifteen day notice period thie lease shall be terminated if the LESSEE is not in full cocnplianoe with all of the terms and. conditions contained herein. The LBSSBE shall immediately vacate the premises if this lease is terminated as provided herein. 'the BOARD assumes no liability for the safety of any property LBSSEB may place on said premises, nor any loss LESSEE may suffer by reason of fire, theft or windstorm, or any other cause, LBSBBB having full.y inspeoted aaid premises and having hereby agreed to aooept them as is and fully aesum(9d all risks, including environmental riak.e, attendant upon the use of said premises. At all times covered in the tena:nay created by this agz:eement, LBSSBB shall be and remain primarily liable for all loaa or claims of whatever nature arising from the operation of or in connection with the use of the aircraft and supporting items stored by LKSSBB within the leased premises, and LBSSBE oovenante and agrees to indemnify the BOARD, the county of Chouteau, and the cities of Fort Benton and or Big Sandy, as the case may be, and hold them**h~ess** in the event of any suoh lose or olaim. The parties agree that any member of the BOARD may inspect the leased premises at any reasonable time to determine if LESSEE is in oomplianoe with the terms of this agreement. L&SSBR further agrees that he will not assign or sublet his right to the premises in any manner without the written consent of the**~.** Any such unauthorized assignment or sublease shall automatically terminate this lease agreement and LBSBBB shall be 1iable to the BOARD for any expenses,**includi~g** a reasonable attorney's fee, Which the BOARD may inour as a result of any suoh attempted assignment or sublease. '!hat upon the te:r::mination of this lease or any renewal thereof the BOARD reserves the first right to purob..ase any improvements thereoa or in the alte:rnati ve the LESSEE may remove LESSEE• a itnpravements**thereo:r~** within a reasonable time after the termination of said lease or any renewal thereof. Any and all improvements to he plaoed on the above described leased premises are to be approved in writing by the BOARD, and shall comply 

### with all local, state, and federal regulations and oodee prior to c01t'l8truction. The LBBSBB agrees to assume any and all responsibility for any contamination that may ooour on the leased premises, including, but not limited to, the expenses of olean-up and disposal. Any underground tanks located on the leased premises shall meet all state and federal oodee or they shall be removed at the LESSEE's expense.
page 2

# ..

LESSKB agrees to oomply with any rules and regulations promulgated by the BOARD as to construction codes, cleanliness and policing of the leased premises. 'I'he parties agree that time shall be of the essenoe of this agreement. In the event that an action is instituted by either party to enforoe the terms, provisions, and covenants of this a'greement, the suoaessful party shall be entitled to recover their coste 1 including reasonable atto:tney•e fees, incurred in maintaining or defending said aotion.

I&SSEBs

page 3,.--: **~** ..

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# ~)**-~~OUTEAU** COUNTYJOINT AIRPORTBOARD COUNTYHANGARLEASEAGREEMENT 

### _.is af?reement ismade and entered into on &4J<'7«.4A?·



## /~0**~'** betweenthe Chouteau County JointAirport Board, of

### PO Box 

### 867, FortBent ,

### MT 59442;hereinreferred to as "BOARD", and 

### '.#. h :,;::: /c. t:9
---

**~** 

### WHEREAS: ChouteauCounty isthe ownerofcertain airplanehangarfacilities locatedat

### Big Sandy, Montana, and atFortBenton, Montana, and WHEREAS: Lesseedesires to lease one ofthose airplanehangars
.



### . _'W THEREFORE: in consideration ofthetenns.provisions, conditions, and covenantshereinafter setforth, rbe partiesagree as follows: Hangar Description

**~Jew** 

# *- &, 1.

2. LEASED PREMISES:._ ardhereby leasesthefollowing airplanehangarlocated at

### the Big

**Sand~** ort BentonAirport circleone) fromthe date ofthisagreement until 

## 1/, ' ::2o 1,

## 5
. to wit: 

### 12. 

# I ::5/ ,2o__Lf___. I I TERM: This leasE'ts fot 

### the tenn ofoneyearending 

### 111${ ,20..1.5___. This lease shall be automaticallyrenewed on a yearly basis



### 'un1~ss terminatedby thirty (30) days written notice given by theterminatingpartyto the otherparty. Said writtennotice shall behand delivered or mailed totheaddress oftheparty to be notified as shownabove. A special sixty (60) daytermination rightis reserved bytheBoard, ifneeded forthe advancement ofthe ALPorinthe event ofthe saleof thehangar leasedherein. 3. RENT: Lessee agrees to payto the Boardasrental forthe leased premises, 

### I

**~**

# 86 DO 

# f":c"'

**~.Ra.A** Dollars ($ 

# Jdo at) )permonth. TheBoardhereby 

### acknowl~ges receipto



### ~ent m the date ofthis agreementthroughthenearer oftheupcomingmonth ofJune orDecember. Exceptfor therental thatis paid uponthe signingofthis agreement, all rental shall bepayable six (6)months inadvancewithpaymentsto bemade onorbeforethe 1stday ofJuly and the 1st day ofJanuary. 4. DAMAGEDEPOSIT: Lesseehas deposited

### with theBoardthe sumof _____________Dollars ($ as a damage deposit. At the beginning oftheterm ofthis lease agreementthe Board orits authorizedrepresentativewill furnish to Lessee, a separatewritten statement as to the present condition ofthe leased premise. Upon the termination ofthe leasehold,the leased premises wiU beinspected by the Board ortheir authorized representativeto determine ifthere is any damagethathas beencaused bytheLessee, orifthere is any cleaningthat isnecessary as aresult ofLessee'sactions. 

### In the eventthat such damage or cleaning is necessary, a sum equal to thecost ofrepairing the damage orperformingthe cleaningwill be deducted fromthe damage deposit, and the balance ofthe depositwill bereturned to the Lessee. In the eventthat damage and/or cleaning costs exceed the amount ofthe deposit, Lesseewjll beresponsible for the payment ofthe same. Ifthere are no damages orcleaning charges, the damage depositwill be returned to Lessee withinthirty (30) days following Lessee's vacatingthe premises. 

### EXHIBIT



# It?-~The retention and holding ofthe security deposit in accordance withtheprovisions ofthis paragraph shall not in anymannerbe consider aspaymentfor any rent dueor to become dueundertheterms ofthis agreement, norin any mannerreleaseLessee from any ofhis obligations assumedby entry into this agreement 5. MAINTENANCEANDREDELIVERY: Lessee shallkeep and maintain the leasedpremises in areasonably clean and neat conditionat all times, shallkeep thepremises in a good state ofrepair and shall surrenderthepremisesto theBoard atthe expiration ofthelease in as good a condition as whenreceived, reasonablewear andtear excepted. 6. PERMISSIBLEUSES 

### OFHANGARS: Lessee agrees thathe will notcommitwaste onthe premises, ormaintain orpermitto be maintained anuisance thereon, oruse, orpermitthe premises to be used in and unlawful manner. Lessee further agrees thatthe leasedpremises shall beused only for the storage ofoneflyable aircraft owned by Lessee. The supporting equipmentfor such aircraftmay include lubricants,tires, charts and logbooks,ladders, nonflammablec1eaning supplies, aircraftheaters, and no otheritemsunless specificallyagreed to inwriting by the Board. All suchitems listed above shall be stored in a metal storage lockerto beprovided bythe Lessor. The uses for theleasedpremises which are stated above shall bethe onlyuses Lesseeis allowedto make ofthe premises. Lessee further agrees thatthe items stated above shall be the onlyitems allowed to be stored 

### in thepremisesexcept that Lessee shall keep a 2 Y:z pound ABC fire extinguisher onthepremises and such fire extinguisher shall be mounted according to local fire codes. 7. INSPECTION AND ASSIGNMENT: The parties agree that anymemberofthe Board may inspectthe leased premises at any reasonabletimeto detennine ifLessee is in compliance withthetenns ofthis agreement. Lessee further agrees thathe will notassign orsublet his right to thepremises in any manner withoutthewritten consent ofthe Board. Anysuch unauthorized assignment orsublease shaH automatically terminate this lease agreement and Lessee shall be liabletothe Board for any expenses, including a reasonable attorney'sfee, whichthe Board may incur as aresultofany such attempted assignmentor sublease. Theright ofinspection granted herin shall include theright to enteruponthe premises at all reasonablehours forthepurpose ofmakingrepairs or alterations tothe premises. 8. 

### HOLD HARMLESS CLAUSE: At all times covered inthe tenancy created by this agreement, Lessee shall be and remainprimarilyliable for all loss orclaims ofwhatevernature arising from theoperation ofor 

### in connection with the use ofthe aircraftand supporting items stored by Lesseewithin the Ieased premises and Lessee covenants and agrees to indemnifytheBoard, the county ofChouteau, and the cities offortBenton, and orBig Sandy, as the

### casemay be, and hoJdthem harmless in the event ofany such loss orcJaim. 9. DEFAULT: Inthe event the Lessee shall fail to pay the rentprovided forherein within thirty (30) days ofthedue date, theLessee shall be in default ofthis lease and the lease be subject to termination. The Lessee shall also be in default ifupon receiving fifteen (15) days notice inwriting ofa failure to comply with any oftheterms or conditions ofthis lease, the Lessee does not complywith all said terms and conditions. At the end ofthefifteen (15) day notice period this lease shall be terminated ifthe Lessee is not in full compliance with all ofthe terms and conditions containedherein. The Lessee shall immediately vacate the premises ifthis lease is terminated as provided herein.10. ALTERATION OFLEASE: This agreement andthe tenancyhereby granted may be altered at any time by mutual consent and agreement ofthe parties set forth inwriting. 11. TIME OF ESSENCE: Theparties agree thattime shall be oftheessence ofthis agreement. 12. WHOLE ORPARTIALDES1RUCTION OF PREMISES: 

### Inthe event ofdamage to the leasepremises by fire orotherwise withoutthe fault ofLessee orLessee's agents or employees, if the damage is so extensive

### as to amountpracticallyto thetotal destruction ofthe premises and ifthe Board decides within 

### areasonable

### timeto notrebuild, 

### this lease 

### shall terminate and therent shall 

### be apportionedto the time ofthe damage. 

### In all other cases where the leased premises are damagedwithoutthe fault of Lessee or Lessee's agents oremployees, the Board shall repairthe damagewithreasonable dispatch after notice ofdamage, and ifthe damage has rendered the premisesnon-tenantable inwhole or in part rent shall be apportioned until the damage has beenrepaired. 13. ATTORNEY'S FEES: 

### Inthe eventthat an action is institutedby eitherparty to enforcethe terms, provisions, and covenants ofthis agreement, the successful party shall be entitledto recoverhis costs, includingreasonable attorney's fees, incurred in maintaining or defending said action. 14. CAPTIONS: Captions used throughoutthis agreement are notto be construed to be aparthereof norto explain ormodify the provisions ofthis agreement, butrather are inserted merely for the convenience ofthe parties.
Inwitness whereof, the parties have executed this agreement this 

## J 

# 8 day ofa:£.M.110 aJ.; 201.5_. 

### I

Date:



## ~- 

# /£·"/S

.,...- / "/?-- / 

## s Date:,.--.

- r: ___:::> LESSOR:
By: 

### .& Chairman



# LESSEE~ .

# /*~

3CHOUTEAU COUNTY

### JOINT AIRPORT BOARD 

### COUNTYHANGARLEASE AGREEMENT
This agreement is madeand entered into on



## JY~ K..C)·\ / ,20 

### I

### L-( betweenthe Chouteau County JointAirpo Board, ofP_Q_Box 

### 867, FortBenton, MT

### 59442, hereinreferred to as "BOARD", and 

## ·t · 0 · of

J N 

## V, F 1/J. 

## 5"9'1' fullmailing address)
WHEREAS: Chouteau County is the ownerofcertain airplanehangar facilities located

### at Big Sandy, Montana, and at FortBenton,Montana, and WHEREAS: Lessee desires to lease oneofthose airplanehangars, 

### NOW THEREFORE: 

### inconsideration ofthe terms, provisions, conditions, and covenantshereinafter set forth, theparties agree as follows:



### ~ 41-- • 

### :J... 

### fJ'lJ.. 

# 1. LEASED

**%E~t~·** TheBoardhereby leasesthefollowing airplanehangarlocated atthe

**B~,::dy!f2rt Ben~ort**  (circleone)

**fro~_the** date ofthis agreementuntil
_



## l_]_Ja !2-<Sf\ J__ , 20 

### I

# Y , to Wit. 

# Maf!L!J\ I - ,20 

## I

## 5 . 2.

3.

4. TERM: This leaseis for theterm ofoneyear ending 

## D 1 

## ]Q 

# W< I
.20 /



## j-~ This lease shall be automatically renewed on a yearly basis unlessterminatedby thirty (30) days written notice given

### by thetenninatingpartyto the other

### party. Saidwritten notice shallbehand delivered or mailed tothe address ofthe party tobenotified as shown above. A special sixty (60) daytennination rightis reservedbytheBoard, ifneeded forthe advancement ofthe ALP orinthe event ofthe sale of thehangarleased herein.

**REN~** Les ee a ees o payto

**~..f**,Board as rental forthe

**~ased** RrTJJtjses,

.. · **-:::/~Dollars** ($.

**7~** 1

### 0 0 ) permonth. TheBoardhereby acknowledges 

## ef ofrent

# fro the date ofthis agreementthrough thenearer oftheupcomingmonth ofJune orDecember. Exceptfortherentalthatis paid uponthe signing ofthis agreement, allrental shall bepayable six (6)monthsinadvancewith paymentsto bemade onorbefore the l 5t day ofJuly and the 1stday ofJanuary. DAMAGEDEPOSIT: Lesseehas deposited withtheBoardthe sum of 

## -----------=--__Dollars($ as a damagedeposit. Atthe beginningoftheterm ofthis lease agreementthe Board orits authorizedrepresentativewill furnish to Lessee, a separate written statement as to the present condition oftheleased premise. Uponthe termination ofthe leasehold, the leasedpremiseswill be inspectedby the Board ortheir authorized representativeto determineifthereis any damagethat has been causedby theLessee, or

### ifthereis any cleaningthatis necessary as a resultofLessee's actions. Inthe eventthat such damage or cleaning is necessary, a sum equal to the cost ofrepairingthe damageorperformingthe cleaningwill be deducted from the damage deposit, and the balance ofthe depositwill be returnedto theLessee. Inthe eventthat damage and/or cleaning costs exceedthe amountofthe deposit, Lesseewill beresponsible for thepayment ofthe same. Ifthere are no damages or cleaningcharges, the damage depositwill be returnedto Lessee withinthirty (30) days following Lessee's vacatingthepremises. 

### EXHIBIT 1The retention and holding ofthe security deposit 

### in accordancewith the provisions ofthis paragraph shall not

### in any mannerbe consider as paymentfor any rent due orto become dueunderthe terms ofthis agreement, nor 

### in any mannerrelease Lessee from any ofhis obligations assumedby entry into this agreement. 

### 5. MAINTENANCE

### AND REDELIVERY: Lessee shallkeep andmaintainthe leasedpremises inareasonably clean and neat condition at all times, shall keep the premises 

### in agood state ofrepair and shall surrenderthepremisesto the Board atthe expiration ofthe lease in as good 

### aconditionas whenreceived, reasonablewear and

### tear excepted. 

### 6. PERMISSffiLEUSES 

### OFHANGARS: Lessee agrees that

### he will not commitwaste onthe

**premises~** ormaintain orpermitto bemaintained 

### anuisance thereon, oruse, orpermitthe premises to be used in and unlawfulmanner. Lessee further agrees thatthe leasedpremises 

### shall be

### used only for the storage ofone flyable aircraft ownedby Lessee. The supporting equipmentfor such aircraftmay include lubricants,tires, charts and logbooks, ladders, nonflammable cleaning supplies, aircraftheaters, andno otheritems unless specifically agreed to inwritingbythe Board. All suchitems listed above shall be storedin a metal storage lockerto be providedby theLessor. The uses for the leasedpremises which are stated above shall be the only uses Lessee is allowedto 

### make ofthe premises. Lessee further agrees that

### the items stated above shall be the only items allowed to be stored in the premises exceptthatLessee shall keep a2

**~**pound ABC fire extinguisheron the premisesand such fire extinguisher shall be mounted according to local ftre codes. 7. INSPECTION AND ASSIGNMENT: The parties agreethat any memberofthe Board may inspectthe leasedpremises at any reasonable timeto determine ifLessee is in compliance withtheterms ofthis agreement. Lessee further agrees thathe will not

### assign or sublethis rightto the premises 

### in any mannerwithoutthe written consent ofthe Board. Any such unauthorized assignment or sublease 

### shall automatically terminatethis lease agreement and Lessee shall be liable to theBoard for any expenses, including areasonable attorney's fee, which theBoard may incur as aresultofany such attempted assignmentor sublease. The right ofinspection granted herin shallinclude the rightto enteruponthe premises at all reasonable hours for the purpose ofmakingrepairs or alterations 

### to thepremises. 

### 8. HOLD HARMLESS CLAUSE; At

### all times covered in thetenancy createdbythis agreement, Lessee shall be and remain primarily liable for all loss or claims ofwhatever nature arising from the operation oforin connectionwiththe use ofthe aircraft and supportingitems storedby Lessee withinthe leased premises and Lessee

**cov~nants** and agrees to indemnifythe Board, the county ofChouteau, andthe cities ofFortBenton, andor Big Sandy, as the case may be, and hold them hannless in the event ofany such loss or

### claim. 

### 9. DEFAULT: In

### the event

### the Lessee shall 

### fail to pay 

### the 

### rentprovided for herein

### within thirty (30) days ofthedue date,the Lessee shallbe indefault ofthis lease and the lease be subjectto termination. The Lessee shall also be in defaultifupon receiving fifteen (15) days notice 

### in writing ofafailure to comply with any ofthe tenns or conditions ofthis lease, the Lessee does not comply with all said terms and conditions. Atthe end ofthe fifteen (15) day notice period this lease shall be terminated ifthe Lessee is not 

### in full compliance with all ofthe terms and conditions containedherein. The Lessee shall immediately vacate the 

### premises if

### this lease is tenninated as provided herein. 210. ALTERATION OF LEASE: 1bis agreement andthe tenancy hereby granted may be altered at any time 

### by mutual consent and agreement oftheparties setforth 

### inwriting. 11. 

### TIME OF ESSENCE: Theparties agreethattime shall be ofthe essence ofthis agreement. 

### 12. WHOLE 

### ORPARTIAL DESTRUCTION OF

### PREMISES: 

### Inthe event ofdamage to the lease premises by fire 

### or otherwise withoutthefault ofLessee orLessee's agents or employees, ifthe damage is so extensive as to amountpractically tothe total destruction ofthepremises and ifthe Board decides withinareasonabletimeto notrebuild, this lease shall terminate andthe rent shallbeapportionedtothe time ofthe damage. 

### In all other cases where the leased premises are damaged withoutthe fault of Lessee orLessee's agents oremployees, the Board shall repairthe damage with reasonable dispatch afternotice ofdamage, and ifthe damagehas rendered thepremises non-tenantable inwhole orin part rent 

### shall be apportioned untilthe damagehasbeenrepaired. 

### 13. ATTORNEY'S FEES: Inthe eventthat an action is instituted

### by eitherpartyto enforcetheterms, provisions, and covenants ofthis agreement, the successful party shall be entitledto recover his costs, including reasonable attorney's fees, incurred inmaintaining or defending said action. 14. CAPTIONS: Captions used throughoutthis agreement are notto be construedtobe aparthereof norto explain or modify theprovisions ofthis agreement, butrather are insertedmerely for the convenience ofthe parties.
Inwitness whereof, the parties have executed this agreementthis ___day of_______20



### LESSOR: Chouteau County Joint AirportBoard
Date:--------- Date: ___ _3-=-·.



# ~);_/_! <f+-,
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4 STATE OF MONTANA CHOUTEAU COUNTY RECORDED: 05/16/2014 11:55 KOI: LEASE LANA K. Cl:.AASSEN CLERK AND **IU:CO~E~** FEE: $0.00 BY:i/fVrYl f'l. **~** TO: FILiD DoCUMENT

,

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### - CHOUTEAu-·coUN'l'Y uOINT AIRPORT BOARD SITE LEASE AGREEMENT ·-·-; This agreement is made and entered into on Janu,ary · 1,2900 between the Chouteau County Joint Airport Board, of PO Box 205, Fort Benton, MT 59442,_ herein re£;erred to as "BOARD11 , and TyJ,pr._ Avi a tj o_n_,u ---lric. %---Andy TayTor 

### of_______ PO- -Bif-134

-

**-F~rt** Bent>on, mT 59442 {full mailing address), herein refer.red to as 11 LBSSEE.''

**~TNESSETH1** That the BOARD for an in consideration of the rents and oovenant,s hereinafter mentioned and to be paid 

### and performed by

**th~** said party of the LESSEE, has leased, and by these presents does lease unto the LESSEE, the following described area of ground, to-\-ri.t: LOts L through 6 and the 

### Nw

**~** of Lot 7

as sho'iN'Il on the ALPSCO SUrvey plat drawn of the Previous Ft. Benton

# 'irport (Now served by a taxiway from the New

- currant· Airport Municipal Airport and kept on file by the Chouteau Ceunty Joint Airport Board. subjeot to any existing roadways or taxiways used by other members of the publio. Said roadways and taxiways shall remain open and unobstructed at all times and available for publio use. TO HAVE AND TO HOLD, the above leased premises to the LESSEE, its heirs, executors, administrators and assigns for and during the full term of ten {]a ) years from and after the 1st day of .Ianu a ry , 2 QQQ_, with the privilege of renewal by mutual agreement of the parties hereto. The leased premises are leased for aviation enterprises with the exoeption that equipment used for the application of ohemioals, including ground applicators, may be kept on the leased premises. And LESSEE, for its heirs, executors, administrators and assigns agrees to and with the BOARD, to pay as rent for the above mentioned premises the sum

**of~Seven** Hundred Eighty and no/100

- - - - Dollars ($_780.00 ) per Year in advance on or before January 1, of eaoh year for and during the life of this lease. The BOARD may allow biannual payments. In that event, the payments shall be due January 1 and July

**~** of eaoh year. LESSEE shall keep and maintain the leased premises in a reasonably olean and neat condition at all times, shall keep the premises in a good state of repair and shall surrender the premises to the BOARD at the expiration of the lease in as good condition as when received, reasonable wear and tear excepted. EXHIBIT



### * Subject to any change in lease rates by the Board. 

# 113-Z 8i te Lea.- AgreEimlilD:!: page 1; . -

**-~~--·** .

**---~"** In the-·event the LESSEE shall fail to pay· the-·rent provided for herein within thirty days of the due date, the LESSEE shall be in default of this lease and the lease shall be subject to termination. The LRSSEE shall also be in default if upon receiving fifteen days notice in writing of a failure to comply with any of the terms or conditions of this lease, the LESSER does not comply with all said terms and conditions. At the end of the fifteen day notice period this lease shall be terminated if the LBSSEE is not in full compliance with all of the terms and conditions contained herein. The LESSBE shall immediately vacate the premises if this lease is

**t~rminat~** .as prOYi.ded

**herein~** ·The BOARD assumes no liability for the safety of any property LESSER may place on said premises, nor any loss LESSER may suffer by reason of fire, theft or windstorm, or any other cause, LESSEE having fully inspected said premises and having hereby agreed to aooept them as ie ·a,nd fully assumed all risks, including
**envir~:mmenta:l** risks, attendant upon the use of said premises, At all times covered in the tenancy created by this agreement, LESSEE shall be and remain primarily liable for all loss or claims of Whatever nature arising from the operation of or in connection with the use of the aircraft and supporting items stored by LESSEE within the leased premises, and LESSER covenants and agrees to indemnify the BOARD, the county of Chouteau, and the cities of Fort Benton and or Big Sandy, as the case may be, and hold them harmless in the event of any such lose or claim. The parties agree that any member of the BOARD may inspect the leased premises at any reasonable time to determine if LESSEE is in compliance with the terms of this agreement. LESSEE further agrees that he will not assign or sublet his right to the premises in any manner without the written consent of the BOARD. Any such unauthorized assignment or sublease shall automatically terminate this lease agreement. and LESSER shall be liable to the BOARD for any expenses, including a reasonable attorney's fee, which the BOARD may incur as a result of any such attempted assignment or sublease. That upon the termination of this lease or any renewal thereof the BOARD reserves the first right to purchase any improvements thereon or in the alternative the LESSER mav remove LESSEE's imorovements thereon within a reasonable t:i..me after -the termination of

**~aid** lease or any renewal thereof. Any and all improvements to be placed on the above described leased premises are to be approved in writing by the BOARD, and shall comply with all local, state, and federal regulations and codes prior to construction. The LESSER agrees to assume any and all responsibility for any contamination that may ooour on the leased premises, including, but not limited to, the expenses of olean-up and disposal. Any underground tanks located on the leased premises shall meet all state and federal codes or they shall be removed at the LESSEE's expense.

**Biter--A~** page 2.....;...,, ...... T

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**·--~** ·- -·-·-···· .:
..

**·--·~·** ·····-·-

**-~· -·~··.**  -·
. ·- ---·" LESSEE agreea 

## to. comply w.ith

**~y** rules and regulations promulgated by the BOARD as t<' construction codes, cleanliness and policing of the leased premises. The parties agree that time shall be of the essence of thie agreement. In the event that an action ia instituted by either party to enforce the terms, provisions, and

**ooy~l}?l11:~~Qf_ ~t_hi!'L~eem4imt,**  the SUOOeseful 

### party -S.hail

**~** eiititied tO reCOVer their COStS 1 including reasonable attorney's fees, inourred. in maintaining or defending said action. LESSOR; Chouteau County Joint Airport Board
Date: 

# q- f

# Y
- {)()



# By{]JJ-~ Robert



# Spev~~ Date: LESSEE;

page 3CHOUTEAU COUNTY JOINT AIRPORT BOARD SITE LEASE AGREEMENI'
This agreement is made and entered into on Janua.ry 1 between the Chouteau County Joint Airport Board, of PO Box 205, Fort Benton, MT 59442, herein referred to as "BOARD", and T-aylor Aviation. Inc.
. k l'u1dy Taylor, box 134 of Fort hentont l!I 59442 {full mailing address), herein referred to as 11LESSEE. 11

**~TNESSETH:** That the BOARD for an in consideration of the rents and covenants hereinafter mentioned and to be paid and performed by the said party of the LESSEE, has leased, and by these presents does lease unto the LESSEE, the following described area of ground, to-wit: l.ots l through 6 and the

**~iW ~**  of Lot 7

as shown on the ALPSCO SUrvey plat drawn of the

**~F~c~,r~t~u~·e~n~t~o~n~------------­** Municipal Airport and kept on file by the Chouteau County Joint Airport Board. Subject to any existing roadways or taxiways used by other members of the public. Said roadways and taxiways shall remain open and unobstructed at all times and available for public use. TO HAVE AND TO HOLD, the above leased premises to the LESSEE, its heirs, executors, administrators and assigns for and during the full term of 'i'en ( 10 ) years from and after the 1qr day of January ,

**19~,** with the privilege of renewal by mutual agreement of the parties hereto. The leased premises are leased for aviation enterprises with the exception that equipment used for the application of chemicals, including ground applicators, may be kept on the leased premises. And LESSEE, for its heirs, executors, administrators and assigns agrees to and with the BOARD, to pay as rent for the above mentioned premises the sum of Sr>ven liumdrec Eighty and no/100

- - ·- ·- - - , Dollars {

$ 788.00 ) per vear in advance on or before January 1, of each year for and during the life of this lease. The BOARD may allow biannual payments. In that event, the payments shall be due January 1 and July 1 of each year. (ref. to hote on nage three) LESSBE shall keep and maintain the leased premises 1n a reasonably olean and neat condition at all times 1 shall keep the premises in a good state of repair and shall surrender the premises to the BOARD at the expiration of the lease in as good condition as when received, reasonable wear and tear excepted. EXHIBIT page l 

# j 

# r>->-In the event the LiSSEE shall fail to pay the rent provided for harein within thirty days of the due date, the LESSEE shall be in default of this lease and the lease shall be subject to termination. 'I'h.e LESSEE shall also be in default if upon receiving fifteen days notice in -writing of a failure to comply with any of the terms or conditione of this leaee 1 the LESSEE does not comply with all said terms and conditions. At the end of the fifteen day notice period this lease shall be terminated if the LESSEE is not in full compliance with all of the terms and conditions contained herein. The LESSEE shall immediately vacate the premises if this lease is terminated as provided herein. 'I'h.e BOARD assumes no liability for the safety of any property LESSEE may place on said premises, nor any loss LESSEE may suffer by reason of fire, theft or windstorm 1 or any other cause, LESSEE having fully inspected said premises and having hereby agreed to accept them as is and fully assumed all risks, including environmental risks, attendant upon the use of said premises. At all times covered in the tenancy created by this agreement, LESSER shall be and remain primarily liable for all loss or claims of Whatever nature arising from the operation of or in connection with the use of the aircraft and supporting items stored by LESSEE within the leased premises, and LiSSEE covenants and agrees to indemnify the BOARD, the county of Chouteau, and the oities of Fort Benton and or Big Sandy, as the case may be 1 and hold them harmless in the event of any such loss or claim. 'I'h.e parties agree that any member of the BOARD may inspect the leased premises at any reasonable time to determine if LESSEE is in compliance with the terms of this agreement. LESSEE further agrees that he will not assign or sublet his right to the premises in any manner without the written consent of the BOARD. Any such unauthorized .assignment or sublease shall automatically terminate this lease agreement and LESSEE shall be liable to the BOARD for any expenses, including a reasonable attorney's fee, which the BOARD may inour as a result of any such attempted assignment or sublease. 'I'h.at upon the termination of this lease or any renewal thereof the BOARD reserves the first right to purchase any improvements thereon or in the alternative the LESSEE may remove LESSEE's improvements thereon within a reasonable time after the termination of said lease or any renewal thereof. Any and all improvements to be placed on the above described leased premises are to be approved in writing by the BOARD, and shall comply with all local, state, and federal regulations and codes prior to construction. The LESSEE agrees to assume any and all responsibility for any contamination that may occur on the leased premises, including, but not limited to, the expenses of clean-up and disposal. Any underground tanks located on the leased premises shall meet all state and federal codes or they shall be removed at the LESSEE's expense.

Sit:e Lea.ae Ag'reaa&:lt: page 2LESSEE agrees to comply with any rules and regulations promulgated by the BOARD as to construction codes, cleanliness and policing of the leased premises. The parties agree that time shall be of the essence of this agreement. In the event that an action is instituted by either party to enforce the terms, provisions 1 and covenants of this agreement, the successful party e_hall be entitled to recover their coste, including reasonable attorney•s fees, incurred in maintaining or defending said action.

Note, LESSOR: Chouteau County Joint Airport Board 

# By(J)J



# :j:.~Ct)/ ./ Chairman LESSEE1

/ .. :::.ef. page 1; 1Y96 lease payment

**i~** for $ff20. held lease area of lots 1,2,3 

### &

**~f** 4!. is for the previously Attach copy of 9/22. 1996 transfer of lots ;E of 4 5 & 6 anci NW l5. of 7. 1:i.th f.:;oard approval noted.



# ___ AZ.
__ Lessee 

# Q~i--~---·- Lessor

page 3

# -~jzf-:l)y 19Y6 LOHSE FlYING SERVICE. INC. Corter and Fort B•nfon Montano 73•·5292 or 622·5011

Chouteau County Joint Airnort Board October 10, 1996 Approval \.Jas bi ven this ·day on transfer noted above. Also lease was approved with Taylor Aviation, Inc.,% Andy Taylor at this time. For: Joint Airport lloard

**ily~** 

# u~~ ·Gail Stensland, secretary

### ' '



## RULES AND REGULATIONS

CHOUTEAU COUNTY JOINTAIRPORTS

EXHIBIT 

# j 

# c

# FORWARD
The Rules and Regulations contained herein have been adopted for the orderly and efficient operation ofthe Chouteau County Airports. The airports have been provided forthe use and enjoyment ofall. It is the hope ofthe Airport Board that those using the facilities provided will cooperate in keeping the airports clean and orderly. The Airport Board welcomes any suggestions which may result in keeping the Airports safe, clean, and orderly.

## TITLE 14 AIRPORTS OPERATING RULES AND REGULATIONS Chapters: 14.04 General 14.08 Definitions 14.12 General Operations 14.16 Parking 14.20Auctions and Sales 14.24 Sanitation 14.28 Preservation of Property 14.32 Firearms 14.36 Safety 14.40 Fueling Operations 14.44Aircraft Operations 14.48 Confinement ofAircraft Operations 14.52 Aircraft Landings and Takeoffs 14.56Aircraft Taxiing 14.60T-Hangar Rules 14.64 Basic Leasing and Alteration/Construction Requirements 14.68 Fees and Penalties

## CHAPTER 14.04 GENERAL These rules and regulations shall supersede all previously existing rules and regulations forthe Chouteau County Airports. 

## 14.04.010 The Board reserves the rightto make any additions, deletions or corrections to the Rules and Regulations which may be considered necessary forthe safety of aircraft operations or of personnel using the Airports. 

## 14.04.020 In any instance in which these rules may be or becomes inconsistent with Federal Air Regulations, then these rules shall be void as to such conflict. No part ofthese rules shall be construed as license or authorization to deviate from Federal Air Regulations 

## 14.04.030 These rules are promulgated underthe power granted by 67-11-103 ofthe Airport Board Act, which specifically grants the powerto the Board to "Provide rules and regulations governingthe use of such airport and facilities."

14.08.010 CHAPTER 14.08 DEFINITIONS Airport - Means the Fort Benton, Big Sandy and Geraldine Airports also known as Airports and all property underthe control ofthe Airport Board.

## 14.08.020 Manager - Means the official appointed by the Chouteau County Joint Airport Board to manage, superintend, control and protect the airport. 

## 14.08.030 Board - Means the Airport Board as appointed by the Chouteau County Commissioners and the Fort Benton City Council to exercise executive, administrative, and ministerial power overthe Chouteau CountyJoint Airports and property. 

## 14.08.040 Airport Management - Means the Airport Manager or Board} collectively. 

## 14.08.050 Person - Means any individual, firm, co-partnership, corporations, flying club, joint stock association, or body politic and includes any trustee, receiver, assignee orother similar representatives thereof. 

## 14.08.060 Base Operator - Means any person, firm or corporation who is performing as a 11

## fixed base operator", under provisions or contracts or leases with the Airport Board and pertinent Federal Air Regulations.


## 14.08.070 Landing Area - Means the runways, taxiways, the intermediate turn-off and the adjoining areas. 

## 14.08.080 Fuel Handling - Shall mean the transporting, delivering, fueling and draining offuel orfuel waste products.

## 14.08.090 Fuel Storage Area - Shall mean and include those portions ofthe airports designated temporarily or permanently by the Cities, as areas in which gasoline or any other types offuel may be stored. 14.08.100 Operator - Shall mean the owner ofan aircraft or any person who has rented or is otherwise using such aircraft for the purpose of operation by himself or his own agents. 14.08.110 Permission - Shall mean permission granted by the Airport managers unless otherwise specifically provided. 14.08.120 Public Aircraft Parking and Storage Areas - Shall mean and include those portions ofthe airports designated and made available to the public for the parking or storage of aircraft.

14.12.010 CHAPTER 14.12 GENERAL OPERATIONS
All persons shall use these Airports at their own risk. The Airports and it's regulatory authorities shall not be liable for losses sustained from property damage, personal injury or death resulting from any accidents, fire or theft occurring within the limits ofthe Airports and the related controlled properties.

## 14.12.020 The use ofthe Airports or any of its facilities in any manner shall create an obligation on the part ofthe user thereofto obey all the regulations herein provided. 

## 14.12.030 All persons on any part ofthe property comprising the Airports shall be governed by the regulations prescribed herein and by ordinances and resolutions ofthe Airport Board relative to the use of occupation of any part ofthe property comprisingthe Airport. 

## 14.12.040 The Airport Management shall have Board totake such steps as may be necessary forthe handling, policing and protection ofthe pubtic while present at the Airports, subject to the review ofthe Airport Board. 

## 14.12.050 The Airport Management may, at any time, take such action as may be deemed necessary in orderto safeguard the public and property at the Chouteau County Airports. Any person, firm, or corporation causing damage of any kind tothe Airports, or any ofthe fixtures thereof, shall be liable for such damage to the Airport and/orAirport Board. 

## 14.12.060 Any damage to any ofthe physical property on the Airports owned bythe Chouteau County Joint Airport Board shall be reported immediatelyto the Airport Board. 

## 14.12.070 RESTRICTED AREAS - No person shall enter any restricted area posted as being closed to the public, except by permission ofthe Airport Management. Nothing herein contained shall be construed to limitthe use of any area, or portion ofthe airport, by officers or employees ofthe

## City, County or Board, or by contractors acting specifically on behalf of the Airport Board orto prevent any policeman, fireman or other public officer or employee from entering upon any part ofthe airport when properly required in the performance of his official duties. 

## 14.12.080 PERMIT FOR USE OF FACILITIES - No person shall use the Chouteau County Airports as a base operatorfor commercial aviation activities; for the carrying for hire of passengers, freight, express; for the instruction in aviation in any of its branches forthe conduct ofany phase ofany aviation activity; for the sale offuel or refreshments; or for any other commercial purpose or conduct any business or concession upon the airport or upon any land acquired by the Board for use in connection with said airport, or upon or in any ofthe buildings, structures, land, parking places, walkways, roadways or otherfacilities used or operated in connection with said Airports, without first obtaining the written permission ofthe Airport Board. 

## 14.12.090 No air school shall be operated from the Chouteau County Airports unless such flight school is: A. Operated by or under lease to a regularly established fixed base operator, or sublease to be approved by the Board B. Housed in a separate facility meeting the standards established by the Board and determined to be necessary for the public convenience welfare by the Airport Board with a proper license or lease. 

## 14.12.100 SOLICITING - No person shall solicit funds for any purpose on the Airports without permission of the Airport Board or Airport Manager.

## 14.12.110 ADVERTISEMENTS - No person shall post distribute or display signs, advertisements, circulars, printed orwritten matter at the Airports except with the approval ofthe Airport Board. 

## 14.12.120 AVALID CERTIFICATE OF INSURANCE - Or copies ofsaid, will be deposited with the Airport Board by tenants having valid leases, subleases, agreements of holders of operating permits on or in airport property and by any contractor subcontractor of construction company functioning on or in airport property. Amounts of liability to be determined bythe Airport Board. All policies shall name Lessor, its officer, servants and agents and employees as additional insureds, and the Cities of Fort Benton, Big Sandy and Geraldine and the Airport Board will be named as coinsureds. 

## 14.12.130 OBSTRUCTION OF PUBLIC USE - No person shall travel by foot or vehicle on any portion ofthe airport except upon the roads, walks, or places provided for that particular class oftraffic; nor occupy the roads or walks in such manner as to hinder or obstruct their proper use. 

## 14.12.140 VEHICLES - For the purpose ofthese rules, vehicles shall be considered as all conveyances, except aircraft used on the ground to transport person, cargo or equipment. 

## 14.12.150 No person shall operate any motorvehicle on the Airports other than in accordance with the general rules prescribed forthe control of such vehicles, except when given special instruction by the Airport Board or in cases of emergency involving danger to life or property.

## 14.12.160 No motorvehicles, otherthan support vehicles shall be permitted on ramp areas except for the loading or unloading of aircraft passengers or baggage. 14.12.170 No persons orvehicles/ except as authorized by the Airport Board, shall be permitted on the landing areas. 14.12.180 No motorvehicles shall be driven on areas otherthan roads, parking areas ortaxiways except as noted above. 14.12.190 Vehicles on ramps shall be driven at a safe and reasonable speed, but not to exceed 20 MPH. 14.12.200 No go-carts/ motor bikes, bicycles or similar vehicles, or horses shall be permitted on the landing area, ramps, taxiways or hangar areas. 14.12.210 No unlicensed vehicle of any kind shall be operated on the Airport without the specific authorization ofthe Airport Board.

14.16.010 CHAPTER 14.16 PARKING
No person shall park a motor vehicle on the Airport other than in the manner and place prescribed by the Airport Board.

## 14.16.020 Tenants ofT-Hangars may park their own cars in the T-Hangar when the aircraft is being flown ifallowed by the Airport Board. 

## 14.16.030 All parking of automobiles in the T-hangar area, otherthat provided above, is prohibited. 

## 14.16.040 No person shall abandon any motorvehicle on the Airport, or park a motorvehicle on the Airport in a public parking area in excess ofseven (7) days unless express approval for such parking is obtained fromthe Airport manager.



## 14.20.010 CHAPTER 

## 14.20 AUCTIONS AND SALES

There shall be no auctions or other special sa1es held on any Airport property without the prior consent of, and in the manner prescribed by the Airport Board. 

## 14.20.020 The sale ofvehicles or other merchandise, not allied to sales of aircraft, can be sold only by afixed base operator in the areas normally allocated by the operator forthe sale of aircraft and allied parts. The display and offering ofsuch items must be approved by the Board or the Airport manager.

## 14.24.010 CHAPTER 14.24 SANITATION
No person shall dispose ofgarbage, papers, refuse or other waste material on the Airports except in the receptacles provided for that purpose. 14.24.020 No trash or refuse will be burned on the Airports. 14.24.030 No person shall dispose of used oil by spreading it on the ground on the pavement or any grass area, or planted area, or not planted areas, or roads orgarbage cans or parking areas.

No person shall: 14.28.010 CHAPTER 14.28 PRESERVATION OF PROPERTY

Destroy, injure, deface or disturb in any way, any buildings, signs, equipment, markers or otherstructures, flowers, lawn or other public property on the Airports. 14.28.020 Trespass on farmed areas on the Airports. 14.28.030 Abandon any personal property on the Airports.

### 14.28.040 

## Interfere with, tamper or injure any part ofthe Airports or any ofthe equipment thereof. 14.28.050 

## No unauthorized person shall interfere or tamper with any aircraft or startthe engine ofsuch aircraft.

14.32.010 CHAPTER 14.32 FIREARMS/HUNTING


## FIREARMS - 

## No person except police officers shall carry firearms, explosives or inflammable materials on the Airports without the written permission ofthe Airport Board. Specific Board may be given by Airport Board for the use offirearms forthe elimination of hazards to aircraft or the public. 14.32.020 

## HUNTING - 

## There shall be no hunting or shooting on the Airports.

14.36.010 CHAPTER 14.36 SAFETY


## CLEANING OF AIRCRAFT - 

## No person shall use flammable and/or volatile materials in the cleaning of aircraft, aircraft engines, propellers and appliances unless such cleaning operation are conducted in open areas as designated or in a room specifically set aside for the purpose, which room must be properly fire-proofed and equipped with adequate and readily accessible fire extinguishing apparatus.

## 14.36.020 

## STORAGE OF INFLAMMABLE MATERIAL - No person shall keep or store any inflammable liquids, gasses, signal flares or other similar material in hangars or nay building on the Airports; unless such material is stored to meet the Cities' fire codes. 14.36.030 

## WASTE - Lessees of hangars or hangar spaces shall provide suitable metal receptacles with covers forthe storage ofoil wastes, rags and other rubbish. 14.36.040 

## CLEANING FLUIDS - No person shall use volatile flammable substances for cleaning floors in the hangars or in other buildings on the Airports. 14.36.050 

## FLOOR CARE - All lessees on the Airports shall keep floors of hangars, apron, pits and areas adjacent thereto leased by them respectively, free and clear of oil, grease and other flammable materials. 14.36.060 

## AREA FOR REPAIRS - All repairs to aircraft or engines, except emergency repairs, shall be made at areas designated for this purpose and not in the area reserved for landing, taking off ortaxiing, ramps or aprons.

14.40.010 Chapter 14.40 

## FUELING OPERATIONS


## FUELING AND DEFUELING OPERATIONS · The following rules shall govern the draining and fueling of aircraft:

## 14.40.020 No aircraft shall be fueled or drained while the engine is running, or being warmed by the application of external heat. 14.40.030 No person shall operate any radio transmitter or receiver or switch any ofthe electrical appliances on or off in an aircraft during fueling or defueling. 14.40.040 During fueling and defuelingthe aircraft and the fuel dispensing apparatus shall both be grounded to a point or points of zero electrical potential. 14.40.050 Persons engaged in fueling and defueling shall exercise every precaution to prevent the over-flow offuel. 14.40.060 No smoking will be permitted within 100feet ofan aircraft being fueled or drained. 14.40.070 No passenger shall be permitted to remain in an aircraft during fueling operations. 14.40.080 Fire extinguishers shall be within easy reach ofall fueling and draining operations. 14.40.090 Fueling hoses and equipment shall be maintained in a safe, nonleaking condition.

## 14.40.100 All hoses, funnels, and appurtenances used in fueling and defueling operations shall be equipped with agrounding device to prevent ignition ofvolatile liquids. 14.40.110 No person shall dispense fuel eithertothe public or to private aircraft either owned by himselfor others except those vendors authorized by the Airport Management. 14.40.120 No fuel may be dispensed on any portion ofthe airport unless the vehicle used for such dispensing is licensed by the Airport Management. Truck condition, dispensing equipment, and fire extinguishing equipment must pass a safety inspection by the City Fire Marshal to qualifyfor the required annual license. Any person fueling aircraft must be qualified by training with the appropriate NFPA pamphlet. 14.40.130 DISTANCE FROM BUILDINGS - 

## Aircraft fuel handling must be conducted at least 50 feet from a building. Fuel trucks shall be parked 50 feet away from all hangars and buildings at all times. 14.40.140 No photo flash bulbs, electrical tools, drills, buffers, or similartools which produce sparks or arcs shall be used in the immediate vicinity of aircraft during fueling operations. 14.40.150 OPERATION OF RADAR EQUIPMENT - 

## No airborne radar equipment shall be operated or ground tested on the ramp area within 100feet of another aircraft, refueling operation, refueling truck, or flammable liquid storage facility.

## 14.40.160 

## FIRE APPARATUS

- All tenants or lessees of hangars or shop facilities shall supply and maintain adequate and readily accessible fire extinguishers forthe protection of property. Such fire extinguishers shall be rated capable of extinguishing Class B

## & Cfires.

14.44.010 CHAPTER 14.44 AIRCRAFT OPERATIONS
No aircraft shall be taxied ortowed on any areal otherthan the areas normally used for operation ofaircraft, without the express prior written approval ofthe Airport Manager. 14.44.020 Aircraft landing, taking off, taxiing, or maneuvering in the vicinity of Chouteau County Airports shall conform to all Federal Air Regulations as published by the FAA. 14.44.030 All aircraft in the vicinity ofthe airport should maintain contact with the Airport Unicorn on 122.8 MHz, if radio equipped. 14.44.040 No employee of Chouteau County Airports is authorized to take or indicate responsibility forthe care or protection ofaircraft, or other property, taxiing, parked, or stored on the Airports. 14.44.050 No person shall taxi an aircraft until he has ascertained there will be no danger of collision with any person or object in the immediate area.

## 14.44.060 DAMAGE RESPONSIBILITY - Any person who operates an aircraft in an irregular or erratic manner resulting in damage to airport equipment or buildings shall be expected to reimburse the Board for such damages. 

## 14.44.070 LEAKING FUEL OR OIL - No person shall keep an aircraft stored in a hangar, ortied down on any ramp, without providing for the containing of leaking fuel or oil. Repairs of any damage resulting from failure to observe proper containment ofsuch leaks shall be made at the expense ofthe aircraft owner. 

## 14.44.080 PARKING AND CLEANLINESS - Each operator and tenant shall be responsible for the orderly parking of aircraft in the areas adjacent to his hangar and for the cleanliness ofthe area he uses. 

## 14.44.090 UNATTENDED EQUIPMENT - No aircraft shall be left unattended on the Airport unless properly secured or within a hangar. Owners ofsuch aircraft shall be held responsible for any damage resulting from failure to comply with this rule. 

## 14.44.100 DISABLED CRAFT REMOVAL - Aircraft owners, their pilots, or agents, shall be responsible for the prompt removal of disabled aircraft and parts thereto unless required or directed to delay such action pending an investigation of an accident. 

## 14.44.110 DISABLED AIRCRAFT STORAGE - No person shall park or store a damaged or disabled aircraft at the airport for more than thirty (30) 

## days except:

## A) When undergoing or awaiting repairs at a commercial repair facility, or B) When specifically authorized by prior written permission ofthe Airport Board. 14.44.120 PARKING - 

## No person shall park aircraft in any area on the Airport otherthan prescribed by Airport Management. 14.44.130 ACCIDENT REPORTING - 

## Persons involved in aircraft accidents occurring on the Airports shall make afull report thereof as required by Federal Air Regulations. In addition, they should notifythe Airport Management or Chouteau County Sheriff's Office. 14.44.140 In case ofan accident occurring on the Airport, no vehicle or personnel will be permitted on the landing areas without the express approval ofthe Airport Management. 14.44.150 MONTANA REGISTRATION - 

## All aircraft based at Chouteau County Airports shall have evidence of State of Montana registration prominently displayed. Failure to display such evidence of registration may result in such penalties as may be imposed by the courts except as provided by subchapter 3, Administrative Rules of Montana 22.3.303. 14.44.160 HAZARDS TO AVIATION - 

## No person shall operate or release any model aircraft, rocket, kite, balloon, parachute, or other article or substance upon or over the boundaries ofthe airport or in aircraft zones approach where a hazard to safe flight would be created without the prior approval ofthe Airport Board except:

## A} Persons parachuting from an aircraft in an emergency situation B) Persons releasing seeds, sprays, dusts, or similar substances for horticultural or agricultural purposes over farms adjacent to the airport 14.44.170 

## KNOWLEDGE OF REGULATIONS
- It shall be the responsibility of all persons, firms, and corporations operating on the airportto acquaint themselves, their pilots, instructors, and students with Federal Aviation Regulations and all airport rules and regulations contained herein.

14.48.010 CHAPTER 14.48 AIRCRAFT OPERATIONS CONFINEMENT OF AIRCRAFT OPERATIONS


## TAKE OFF, LANDING, TAXIING - Take offs, landings, and taxiing of all aircraft shall be limited and confined to runways, taxiways, and aprons. 14.48.020 Takeoffs and landings shall not be conducted on taxiways or aprons. Exception: Helicopters may land on designated ramp areas. 14.48.030 

## WEIGHT CLASSIFICATION
- Only aircraft with aweight of 12,500 pounds or less are allowed on the Chouteau County Airports. 14.48.040 

## WARMUPS, CHECKS - Warmups and final checks prior to takeoffs must be performed only at designated areas remaining clear ofthe runway at all times.

## CHAPTER 14.52 AIRCRAFT LANDINGS AND TAKEOFFS 14.52.010 PATTERNS - A standard left-hand pattern will be observed at Chouteau County Airports. 14.52.020 TAKE OFF - Takeoffs will be made only from the ends ofthe runways, orfrom taxiway intersection. 14.52.030 ACCIDENT PROCEDURE - In case ofan accident on the airport, on or near a runway, aircraft in the air will continue to circle, or land, wind permitting, on an unobstructed runway. 14.52.040 PATTERN DEVIATION - Aircraft entering the traffic pattern shall exercise caution and courtesy so as notto cause aircraft already in the pattern to deviate from their courses. 14.52.050 CLEARING RUNWAY - Landing aircraft shall clear the runway as soon as practicat consistent with safe operation procedures. 14.52.060 CONTINUING IN TRAFFIC PATTERN - Aircraft desiring to remain in the traffic pattern aftertake-offshall climb to an altitude of 1000 feet AGL or4500 afterthe second 90 degree and shall thereafter follow the established traffic pattern.

## 14.52.070 

## SAFETY - All pilots utilizing the Airports are expected to exhibit common courtesies contributingto the safe and efficient operation of all aircraft. 14.52.080 Preparatory to landing or takeoff all pilots should contact Unicorn for traffic advisories/ wind, runway use, and trafficflow information. Caution all aircraft may not be communicating within Unicorn. 14.52.090 

## GROUND ENGINE OPERATION - No person shall run the engine of aircraft directly in front of buildings or any location on the airport in such a manner as to cause damage or injury to aircraft, property/ or persons, or to create a nuisance to establishments on the airport. 14.52.100 

## NOISE ABATEMENT - Between the hours of 10:00 p.m. and 8:00 a.m. aircraft departing over the City will be at an altitude of 

## 5000' MSL or greaterto avoid a noise burden.

14.56.010 CHAPTER 

## 14.56 AIRCRAFT TAXIING


## OBSERVATION - No person shall taxi an aircraft until he has ascertained there will be no danger of collision with any persons or objects in the immediate area.

## 14.56.020 

## BRAKE LIMITATIONS - Aircraft not equipped with functioning brakes shall have an attendant at awing when taxiing in the proximity of buildings and other aircraft. 14.56.030 

## SAFE SPEED - All aircraft shall be taxied at a safe and reasonable speed with due regard for other aircraft, persons, or property. 14.56.040 

## CONTROL - All aircraft shall be taxied in such a manner thatthe person at the controls shall have full control ofthe aircraft at all times. 14.56.050 

## NAVIGATIONAL LIGHTS - All aircraft being taxied ortowed or otherwise moved at the airport should have its navigational lights on. 14.56.060 

## RADIO GUARD - All aircraft while taxiing should guard 122.8 MHz. 14.56.070 

## OPERATION ON PAVED AREAS - No aircraft shall make wheellocked turns on paved surfaces. Aircraft owners/operators will be held responsible for any damage caused by the violation.

14.60.010 CHAPTER 14.60 T-HANGAR RULES
In addition to all rules set forth in the other sections ofthese rules and regulations, tenants ofT-hangars shall observe the following rules:

## A) Parking of automobiles in T-hangar area is prohibited. Tenants may park their automobiles in the hangar only while the aircraft is out ifallowed by the hangar owner. B) Aircraft are notto be parked in the taxiway so as to prevent the passage of other aircraft orvehicles. C) No aircraft shall be fueled while parked in a hangar. D) No trash orgreasy rags or paper shall be permitted to accumulate in hangars. Such materials must be disposed of in containers provided. E) Hangarfloors and immediate area shall be kept clean and free from oil and debris at all times. 

## 14.60.020 No vehicles shall be operated in T-hangar area} otherthan for direct access to or from the hangar. 

## 14.60.030 No engine shall be started and/or run when propeller blast is directed into a hangar or another aircraft. 

## 14.60.040 The use offlammable and/orvolatile liquids for the cleaning of aircraft or parts is prohibited in the hangars. 

## 14.60.050 Transfer of hangar leases from one owner to anotherwill be approved by the Airport Board. 

## 14.60.060 The T-hangar is for the storage of aircraft only and such minor maintenance supplies as needed for the airplane.

## 14.60.070 OPEN HANGARS - No other storage is permitted except aircraft. Storage must be in a closed area. 14.60.080 No storage is permitted outside ofa hangar.
CHAPTER 14.64 BASIC LEASING AND ALTERATION/CONTRUCTION REQUIREMENTS 14.64.010 Itshall be unlawful for any person, firm, or business to conduct any commercial activity on, at, and within the airports withoutfirst obtaining approval from the Chouteau County Airport Board. Activities approved by operating permit, use agreement, license, lease, or sublease, shall be restricted to the activities specifically described in the permit, agreement, or lease, which lease and agreements shall be in aform satisfactory to the Airport Board. 14.64.020 The Airport Board will accept requests for a lease, use agreement or operating permit on the Airports only afterthe requesting party puts forth in writing the scope ofthe proposed operations to include but not limited to the following: a) The service to be offered and orthe nature ofthe business. b) When applicable the amount and location ofthe land the requesting party desires to lease or use. c) When applicable the building(s) space and location ofsale they are requesting to lease or construct. d) When applicable the number, type and ownership ofthe aircraft intended to be used in the business.

## e) When applicable the number, type and use of other pieces ofequipment intended for use in the business. f) The number of persons located on airportto be employed in the business. g) The hours/number of days ofthe week of proposed operation. h) Evidence ofthe parties' financial capability to perform and provide the above services and facilities both at present and in the future. 1) Financial statement of assets and net worth. 2} Credit reference. 3} Letters of recommendation from financial institution officials who can attest to his/her past performance and potential future performance in the business or endeavor the party is requesting to enter into at the Airport. 

## i) Demonstrate proofof necessary federat state and local licenses, permits or certifications. 

## 14.64.030 All applications for a lease or use agreement at the Chouteau County Airports will be evaluated using the following criteria: The Airport Board may, as physical planning and fiscal consideration dictate, add to, subtract from or materially alterthese criteria. a} The availability ofthe land/buildings (space) or other facilities necessary to accommodate the request. b) No conflicts or potential for conflicts may exist between the proposed use and any Airport land use plan currently in effect or being considered forthe future. c) The requesting party must be willing to accept a lease agreement permit on the terms outlined by the Airport Board in the following areas.

## 1) A lease agreement, the form and contents ofwhich is devised by the Airport Board. 2) The acceptance ofthe rate to be made for the Particular use. d) Any conflicts present or potential with these Airports Rules and Regulations. 

## 14.64.040 All applications for building alteration/construction and leases shall be in writing addressed to the Airport Board. 

## 14.64.050 Arrangements for lease and building sites shall be made with the Airport Manager, but shall be finally approved by the Airport Board before any construction begins. 

## 14.64.060 No lease may be transferred or assigned without the written permission ofthe Board, nor may any portion ofa lease, its privileges orthe ground so covered by subleased without the review and written permission ofthe Board. 

## 14.64.070 No part ofthe Airport and no improvement thereon shall be used or allowed to be used at any time forthe manufacture, storage, distribution, serving or sale of any product orthe furnishing ofany service, in a manner which is unreasonably noxious or offensive or an unreasonable annoyance or a nuisance to others on the Airport because ofodors, fumes, smoke, noise, glare, vibration, soot or dust. No activity shall be carried on which may be or may become dangerous to public health and safety or which shall be illegal.

## 14.68.010 CHAPTER 14.8 SCHEDULE OF FEES
The rates, fees and charges will be established by the Airport Board and recorded in the Office ofthe County Clerk 

## & Recorder. All monies are payable to the Chouteau County Joint Airport Board on the date incurred unless the provisions ofavalid lease permit otherwise. Except for fees set by lease, the Board reserves the right to increase, decrease or amend in any manner and without notice, the existing structure and may assess new charges from time to time as it may deem reasonable, proper and necessary forthe general welfare ofthe Airport. 14.68.020 

## PENALTIES - Any person, firm, partnership, association or corporation who shall violate the rules and regulations ofthe Airport Board shall, upon conviction thereof in any court of competent jurisdiction, be deemed guilty of a misdemeanor. Each day aviolation of the rules and regulation ofthe Airport Board shall continue will constitute a separate offense. Each misdemeanor shall be punishable by a fine notto exceed five-hundred dollars ($500.00) or imprisonment in the County Jail for a period of notto exceed sixty (60) days, or both.