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. 

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) _____________ ) 

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 of the 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 of the Airport are fixed at 

$75.00 per month. The hangar leases on the east end of the 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 of the hangar. The Board reviewed and raised the rate on the Airport owned 

hangars on the southwest area of the Airport approximately six years ago. The rate 

was increased to $75.00 per month. 

When the County constructed the new 1 0 bay hangar on the east end of the 

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 of the Airport. 

B. The Respondents have not established a rental rate for non-aeronautical 

use of Airport 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 of Airport 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 of the 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 rules 
and 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 of the 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. If the 

lessee continues to pay the rental fee and comply with the lease terms, the lease 

remains in effect. 

If a lease is terminated the Board now understands they cannot lease the site 

again. None of the present CCJAB members were on the board in 1998 and they 

unaware of the 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 of this commitment." 

Although the 1998 Agreement was intended, over time, to result in the phase out 

of the southwest area of the 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 of the 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 of the 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 of the lease, the Respondents do not believe the 1998 Agreement gives 
the 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 Taylor Aviation, Inc., the City does not believe 

this site will ever be abandoned. Taylor Aviation, Inc. is a successful corporation that 

provides aerial spraying of fertilizer and other chemicals to the regions farmers. Taylor 

Aviation also contracts with the US forest Service to provide aerial application of fire 

retardants throughout the state and the region to fight forest fires. ltTs highly unlikely 

Taylor Aviation will abandon its site lease and move its operation to the east end of the 

airport. 

j 

7 I{·~" Respectfully submitted this .,...; day of August, 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 ~ounty 
CERTIFICATE OF SERVICE 

I hereby certify that I have this day the foregoing Respondents Reply To Request For 

Additional Information And Notice Of Extension Of on 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 of the 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 of August, 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 /.o ke 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. 

Bubj ect to any existing roadways or taxi ways 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 /-I 
In 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 loa a 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 1 iable 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 al te: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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STATE or MONTANA CHOUTEAU COUNTY 

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LANA K. CLAASSEN 

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TO: FILED OOCUMEHT 

CLERK AND RECORDER 

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-~~OUTEAU COUNTY JOINT AIRPORT BOARD 

COUNTY HANGAR LEASE AGREEMENT 

Joint 

_.is af?reement 

Airport Board, 

is made and entered into on &4J<'7«.4A?· /~0 ~' between the Chouteau County 

of PO Box 867, Fort Bent , MT 59442;herein referred to as "BOARD", and 

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

and 

WHEREAS: 

at Fort Benton, 

Chouteau 

Montana, 

County is the owner of certain airplane hangar facilities located at Big Sandy, Montana, 

and 

WHEREAS: Lessee desires to lease one of those airplane hangars . 

. _'W THEREFORE: 

rbe parties 

in consideration ofthe tenns. provisions, conditions, and covenants hereinafter set forth, 

agree as follows: 

Hangar Description ~Jew *- &, 

1. 

2. 

LEASED PREMISES:._ 

Big Sand~ 

ard hereby leases the following airplane hangar located at the 

ort Benton Airport circle one) from the date ofthis agreement until 

1 I 

/, ' :: 2o 1, 5 . to wit: 12. I ::5/ , 2o__Lf___. I 

TERM: This leasE'ts fot the tenn of one year ending 111${ , 20..1.5___. 

notice 

This lease shall be automatically renewed on a yearly basis 'un1~ss terminated by thirty (30) days written 

mailed 

given by the terminating party to the other party. Said written notice shall be hand delivered or 

to the address of the party to be notified as shown above. A special sixty (60) day termination 

right is reserved by the Board, if needed for the advancement of the ALP or in the event of the sale of 

the hangar leased herein. 

3. RENT: Lessee agrees to pay to the Board as rental for the leased premises, 

acknowl~ges I ~ 86 DO f":c"' ~.Ra.A Dollars ($ Jdo at) ) per month. The Board hereby 

of 

receipt o ~ent m the date of this agreement through the nearer of the upcoming month 

be 

June 

payable 

or December. Except for the rental that is paid upon the signing of this agreement, all rental shall 

1st day of 

six ( 6) months in advance with payments to be made on or before the 1st day of July and the 

January. 

4. 

_____________ 

DAMAGE DEPOSIT: Lessee has deposited with the Board the sum of 

Dollars ($ as a damage deposit. 

At the beginning of the term ofthis lease agreement the Board or its authorized representative will furnish 

termination 

to Lessee, a 

of 

separate written statement as to the present condition of the leased premise. Upon the 

the leasehold, the leased premises wiU be inspected by the Board or their authorized 

representative 

cleaning 

to determine if there is any damage that has been caused by the Lessee, or if there is any 

necessary, 

that is necessary as a result of Lessee's actions. In the event that such damage or cleaning is 

a sum equal to the cost of repairing the damage or performing the cleaning will be deducted 

damage 

from the 

and/or 

damage deposit, and the balance of the deposit will be returned to the Lessee. In the event that 

of 

cleaning costs exceed the amount ofthe deposit, Lessee wjll be responsible for the payment 

within 

the same. If there are no damages or cleaning charges, the damage deposit will be returned to Lessee 

thirty (30) days following Lessee's vacating the premises. 

EXHIBIT 

It?-~ 
The retention and holding of the security deposit in accordance with the provisions of this paragraph shall 

not in any manner be consider as payment for any rent due or to become due under the terms of this 

agreement, nor in any manner release Lessee from any of his obligations assumed by entry into this agreement 

5. MAINTENANCE AND REDELIVERY: Lessee 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 shall surrender the premises to the Board at the expiration of the lease in as good 

a condition as when received, reasonable wear and tear excepted. 

6. PERMISSIBLE USES OF HANGARS: Lessee agrees that he will not commit waste on the 

premises, or maintain or permit to be maintained a nuisance thereon, or use, or permit the 

premises to be used in and unlawful manner. Lessee further agrees that the leased premises 

shall be used only for the storage of one flyable aircraft owned by Lessee. The supporting 

equipment for such aircraft may include lubricants, tires, charts and log books, ladders, 

nonflammable c1eaning supplies, aircraft heaters, and no other items unless specifically agreed 

to in writing by the Board. All such items listed above shall be stored in a metal storage 

locker to be provided by the Lessor. 

The uses for the leased premises which are stated above shall be the only uses Lessee is 

allowed to make of the premises. Lessee further agrees that the items stated above shall be 

the only items allowed to be stored in the premises except that Lessee shall keep a 2 Y:z pound 

ABC fire extinguisher on the premises and such fire extinguisher shall be mounted according 

to local fire codes. 

7. INSPECTION AND ASSIGNMENT: The parties agree that any member of the Board may 

inspect the leased premises at any reasonable time to detennine if Lessee is in compliance 

with the tenns 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 shaH 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 incur as a result of any such attempted assignment or sublease. 

The right of inspection granted herin shall include the right to enter upon the premises at all 

reasonable hours for the purpose of making repairs or alterations to the premises. 

8. HOLD HARMLESS CLAUSE: 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 I eased premises and Lessee covenants and agrees to indemnify the Board, 

the county of Chouteau, and the cities offort Benton, and or Big Sandy, as the case may be, and 

hoJd them harmless in the event of any such loss or cJaim. 

9. DEFAULT: In the event the Lessee shall fail to pay the rent provided for herein within 

thirty (30) days of the due date, the Lessee shall be in default of this lease and the lease 

be subject to termination. The Lessee shall also be in default if upon receiving fifteen (15) 

days notice in writing of a failure to comply with any of the terms or conditions of this lease, 

the Lessee does not comply with all said terms and conditions. At the end of the fifteen (15) 

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. 
10. ALTERATION OF LEASE: This agreement and the tenancy hereby granted may be altered 

at any time by mutual consent and agreement of the parties set forth in writing. 

11. TIME OF ESSENCE: The parties agree that time shall be ofthe essence ofthis agreement. 

12. WHOLE OR PARTIAL DES1RUCTION OF PREMISES: In the event of damage to the lease premises 

by fire or otherwise without the fault of Lessee or Lessee's agents or employees, if the damage is so 

extensive as to amount practically to the total destruction of the premises and if the Board decides 

within a reasonable time to not rebuild, this lease shall terminate and the rent shall be apportioned to the 

time of the damage. In all other cases where the leased premises are damaged without the fault of 

Lessee or Lessee's agents or employees, the Board shall repair the damage with reasonable dispatch 

after notice of damage, and if the damage has rendered the premises non-tenantable in whole or in part 

rent shall be apportioned until the damage has been repaired. 

13. ATTORNEY'S FEES: In the event that an action is instituted by either party to enforce the terms, 

provisions, and covenants of this agreement, the successful party shall be entitled to recover his 

costs, including reasonable attorney's fees, incurred in maintaining or defending said action. 

14. CAPTIONS: Captions used throughout this agreement are not to be construed to be a part hereof 

nor to explain or modify the provisions of this agreement, but rather are inserted merely for the 

convenience of the parties. 

In witness whereof, the parties have executed this agreement this J 8 day ofa:£.M.11 0 a J.; 201.5_. I 

Date: ~- /£ ·" /S 

.,...-

/ "/?-- / s Date:,.--. - r: ___:::> 

LESSOR: 

By: .& 

Chairman 

LESSEE~ . /*~ 

3 
CHOUTEAU COUNTY JOINT AIRPORT BOARD 

COUNTY HANGAR LEASE AGREEMENT 

This agreement is made and entered into on JY~ K..C)·\ / ,20 I L-( between the Chouteau County 

Joint Airpo Board, ofP_Q_Box 867, Fort Benton, MT 59442, herein referred to as "BOARD", and 

· t · 0 · of 

J N V, F 1/J. 5"9'1' full mailing address) 

WHEREAS: Chouteau County is the owner of certain airplane hangar facilities located at Big Sandy, Montana, 

and at Fort Benton, Montana, and 

WHEREAS: Lessee desires to lease one of those airplane hangars, 

NOW THEREFORE: in consideration of the terms, provisions, conditions, and covenants hereinafter set forth, 

the parties agree as follows: 

~ 41-- • :J... fJ'lJ.. 1. LEASED %E~t~· The Board hereby leases the following airplane hangar located at the 

B~,::dy!f2rt Ben~ort (circle one) fro~_the date ofthis agreement until _ 

l_]_Ja !2-<Sf\ J__ , 20 I Y , to Wit. Ma f!L!J\ I - , 20 I 5 . 

2. 

3. 

4. 

TERM: This lease is for the term of one year ending D1

]Q W< I . 20 / j-~ This lease shall be automatically renewed on a yearly basis unless terminated by thirty (30) days written 

notice given by the tenninating party to the other party. Said written notice shall be hand delivered or 

mailed to the address of the party to be notified as shown above. A special sixty (60) day tennination 

right is reserved by the Board, if needed for the advancement of the ALP or in the event of the sale of 

the hangar leased herein. 

REN~ Les ee a ees o pay to ~..f ,Board as rental for the ~ased RrTJJtjses, 

.. · -:::/~Dollars ($. 7~ 1 0 0 ) per month. The Board hereby 

acknowledges ef of rent fro the date of this agreement through the nearer of the upcoming month 

of June or December. Except for the rental that is paid upon the signing of this agreement, all rental shall 

be payable six (6) months in advance with payments to be made on or before the l

5

t day of July and the 

1st day of January. 

DAMAGE DEPOSIT: Lessee has deposited with the Board the sum of 

-----------=--__ Dollars($ as a damage deposit. 

At the beginning of the term of this lease agreement the Board or its authorized representative will furnish 

to Lessee, a separate written statement as to the present condition of the leased premise. Upon the 

termination of the leasehold, the leased premises will be inspected by the Board or their authorized 

representative to determine if there is any damage that has been caused by the Lessee, or if there is any 

cleaning that is necessary as a result of Lessee's actions. In the event that such damage or cleaning is 

necessary, a sum equal to the cost of repairing the damage or performing the cleaning will be deducted 

from the damage deposit, and the balance of the deposit will be returned to the Lessee. In the event that 

damage and/or cleaning costs exceed the amount of the deposit, Lessee will be responsible for the payment 

of the same. If there are no damages or cleaning charges, the damage deposit will be returned to Lessee 

within thirty (30) days following Lessee's vacating the premises. 

EXHIBIT 

1 
The retention and holding of the security deposit in accordance with the provisions of this paragraph shall 

not in any manner be consider as payment for any rent due or to become due under the terms of this 

agreement, nor in any manner release Lessee from any of his obligations assumed by entry into this agreement. 

5. MAINTENANCE AND REDELIVERY: Lessee 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 shall surrender the premises to the Board at the expiration of the lease in as good 

a condition as when received, reasonable wear and tear excepted. 

6. PERMISSffiLE USES OF HANGARS: Lessee agrees that he will not commit waste on the 

premises~ or maintain or permit to be maintained a nuisance thereon, or use, or permit the 

premises to be used in and unlawful manner. Lessee further agrees that the leased premises 

shall be used only for the storage of one flyable aircraft owned by Lessee. The supporting 

equipment for such aircraft may include lubricants, tires, charts and log books, ladders, 

nonflammable cleaning supplies, aircraft heaters, and no other items unless specifically agreed 

to in writing by the Board. All such items listed above shall be stored in a metal storage 

locker to be provided by the Lessor. 

The uses for the leased premises which are stated above shall be the only uses Lessee is 

allowed to make of the premises. Lessee further agrees that the items stated above shall be 

the only items allowed to be stored in the premises except that Lessee shall keep a 2 ~ pound 

ABC fire extinguisher on the premises and such fire extinguisher shall be mounted according 

to local ftre codes. 

7. INSPECTION AND ASSIGNMENT: 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 

Lessee 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. 

The right of inspection granted herin shall include the right to enter upon the premises at all 

reasonable hours for the purpose of making repairs or alterations to the premises. 

8. HOLD HARMLESS CLAUSE; At all times covered in the tenancy created by this agreement, 

Lessee shall be and remain primarily liable for all loss or claims ofwhatever 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 Lessee cov~nants and agrees to indemnify the Board, 

the county of Chouteau, and the cities ofFort Benton, and or Big Sandy, as the case may be, and 

hold them hannless in the event of any such loss or claim. 

9. DEFAULT: In the event the Lessee shall fail to pay the rent provided for herein within 

thirty (30) days ofthe due date, the Lessee shall be in default of this lease and the lease 

be subject to termination. The Lessee shall also be in default if upon receiving fifteen (15) 

days notice in writing of a failure to comply with any of the tenns or conditions of this lease, 

the Lessee does not comply with all said terms and conditions. At the end of the fifteen (15) 

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 tenninated as provided herein. 

2 
10. ALTERATION OF LEASE: 1bis agreement and the tenancy hereby granted may be altered 

at any time by mutual consent and agreement of the parties set forth in writing. 

11. TIME OF ESSENCE: The parties agree that time shall be of the essence of this agreement. 

12. WHOLE OR PARTIAL DESTRUCTION OF PREMISES: In the event of damage to the lease premises 

by fire or otherwise without the fault of Lessee or Lessee's agents or employees, if the damage is so 

extensive as to amount practically to the total destruction of the premises and if the Board decides 

within a reasonable time to not rebuild, this lease shall terminate and the rent shall be apportioned to the 

time of the damage. In all other cases where the leased premises are damaged without the fault of 

Lessee or Lessee's agents or employees, the Board shall repair the damage with reasonable dispatch 

after notice of damage, and if the damage has rendered the premises non-tenantable in whole or in part 

rent shall be apportioned until the damage has been repaired. 

13. ATTORNEY'S FEES: In the event that an action is instituted by either party to enforce the terms, 

provisions, and covenants of this agreement, the successful party shall be entitled to recover his 

costs, including reasonable attorney's fees, incurred in maintaining or defending said action. 

14. CAPTIONS: Captions used throughout this agreement are not to be construed to be a part hereof 

nor to explain or modify the provisions of this agreement, but rather are inserted merely for the 

convenience of the parties. 

In witness whereof, the parties have executed this agreement this ___ day of _______ 20 

LESSOR: 

Chouteau County Joint Airport Board 

Date:---------

Date: ___ _3-=-·. ~);_/_! <f+-, _ 

3 
468159 

~o.ngetr 

Lea~ Agreem€n.t 

C}w~ 

Co~A.vrt"tj 

JD·, n.t A I r-port Boani 

-to 

Anc!lj TetLj )or 

Tetlj lor- Avla-+ion 

468159 LEASE Paqes: 4 

STATE OF MONTANA CHOUTEAU COUNTY 

RECORDED: 05/16/2014 11:55 KOI: LEASE 

LANA K. Cl:.AASSEN CLERK AND IU:CO~E~ 

FEE: 

TO: FILiD 

$0.00 

DoCUMENT , 

BY:i/fVrYl f'l. 

~ 
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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 11LBSSEE.'' 

~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 'i rport (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 

.Ian u 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. 

8 i te Lea.- AgreEimlilD:!: page 1 113-Z 
; . - -~~--· . ---~" 

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, 

Whatever 

LESSEE shall be and remain primarily liable for all loss or claims of 

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 

manner 

that he will not assign or sublet his right to the premises in any 

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 

within 

in the alternative the LESSER mav remove LESSEE's imorovements thereon 

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 •.·•~ ..;......,.;;..~~~~· ...... - ;. •~ •••- •• ,:.._.,. -·- •• 

.. --· -~ ·• ., ... -- ··-- ·--~ ·- -·-·-···· .: 

.. ·--·~· ·····-·- -~· -·~··. -· . ·- ---·" 

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 3 
CHOUTEAU 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 1 qr 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 windstorm1 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 oi ties 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 2 
LESSEE 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~ ·Gail 

u~~ Stensland, secretary 
' ' 

RULES AND REGULATIONS 

CHOUTEAU COUNTY JOINT AIRPORTS 

EXHIBIT 

j c 
FORWARD 

The Rules and Regulations contained herein have been adopted for 

the orderly and efficient operation of the Chouteau County Airports. The 

airports have been provided for the use and enjoyment of all. It is the 

hope of the 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 

14.20 Auctions and Sales 

14.24 Sanitation 

14.28 Preservation of Property 

14.32 Firearms 

14.36 Safety 

14.40 Fueling Operations 

14.44 Aircraft Operations 

14.48 Confinement of Aircraft Operations 

14.52 Aircraft Landings and Takeoffs 

14.56 Aircraft Taxiing 

14.60 T-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 for the Chouteau County Airports. 

14.04.010 

The Board reserves the right to make any additions, deletions or 

corrections to the Rules and Regulations which may be considered 

necessary for the 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 of these rules shall be construed as license or 

authorization to deviate from Federal Air Regulations 

14.04.030 

These rules are promulgated under the power granted by 67-11-103 

of the Airport Board Act, which specifically grants the power to the Board 

to "Provide rules and regulations governing the 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 under the control of the 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 over the Chouteau 

County Joint 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 or other similar representatives thereof. 

14.08.060 

Base Operator - Means any person, firm or corporation who is 

performing as a 11fixed 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 of fuel or fuel waste products. 
14.08.090 

Fuel Storage Area - Shall mean and include those portions of the 

airports designated temporarily or permanently by the Cities, as areas in 

which gasoline or any other types of fuel may be stored. 

14.08.100 

Operator - Shall mean the owner of an 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 of the 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 of the Airports and the related 

controlled properties. 
14.12.020 

The use of the Airports or any of its facilities in any manner shall 

create an obligation on the part of the user thereof to obey all the 

regulations herein provided. 

14.12.030 

All persons on any part of the property comprising the Airports shall 

be governed by the regulations prescribed herein and by ordinances and 

resolutions of the Airport Board relative to the use of occupation of any 

part of the property comprising the Airport. 

14.12.040 

The Airport Management shall have Board to take such steps as may 

be necessary for the handling, policing and protection of the pub tic while 

present at the Airports, subject to the review of the Airport Board. 

14.12.050 

The Airport Management may, at any time, take such action as may 

be deemed necessary in order to safeguard the public and property at 

the Chouteau County Airports. Any person, firm, or corporation causing 

damage of any kind to the Airports, or any of the fixtures thereof, shall be 

liable for such damage to the Airport and/or Airport Board. 

14.12.060 

Any damage to any of the physical property on the Airports owned 

by the Chouteau County Joint Airport Board shall be reported 

immediately to 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 of the Airport 

Management. Nothing herein contained shall be construed to limit the 

use of any area, or portion of the airport, by officers or employees of the 
City, County or Board, or by contractors acting specifically on behalf of 

the Airport Board or to prevent any policeman, fireman or other public 

officer or employee from entering upon any part of the 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 operator for commercial aviation activities; for 

the carrying for hire of passengers, freight, express; for the instruction in 

aviation in any of its branches for the conduct of any phase of any 

aviation activity; for the sale of fuel 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 of the buildings, structures, land, parking 

places, walkways, roadways or other facilities used or operated in 

connection with said Airports, without first obtaining the written 

permission of the 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 or written matter at the Airports 

except with the approval of the Airport Board. 

14.12.120 

A VALID CERTIFICATE OF INSURANCE - Or copies of said, 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 by the 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 of the airport except upon the roads, walks, or 

places provided for that particular class of traffic; nor occupy the roads or 

walks in such manner as to hinder or obstruct their proper use. 

14.12.140 

VEHICLES - For the purpose of these 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 motor vehicle on the Airports other 

than in accordance with the general rules prescribed for the 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 motor vehicles, other than support vehicles shall be permitted 

on ramp areas except for the loading or unloading of aircraft passengers 

or baggage. 

14.12.170 

No persons or vehicles/ except as authorized by the Airport Board, 

shall be permitted on the landing areas. 

14.12.180 

No motor vehicles shall be driven on areas other than roads, parking 

areas or taxiways 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 of the 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 if allowed by the Airport Board. 

14.16.030 

All parking of automobiles in the T-hangar area, other that provided 

above, is prohibited. 

14.16.040 

No person shall abandon any motor vehicle on the Airport, or park a 

motor vehicle on the Airport in a public parking area in excess of seven 

(7) days unless express approval for such parking is obtained from the 

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 of vehicles or other merchandise, not allied to sales of 

aircraft, can be sold only by a fixed base operator in the areas normally 

allocated by the operator for the sale of aircraft and allied parts. The 

display and offering of such items must be approved by the Board or the 

Airport manager. 
14.24.010 

CHAPTER 14.24 

SANITATION 

No person shall dispose of garbage, 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 or garbage 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 other structures, 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 of the Airports or any of the 

equipment thereof. 

14.28.050 

No unauthorized person shall interfere or tamper with any aircraft 

or start the engine of such 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 of the Airport Board. Specific Board may be given by Airport 

Board for the use of firearms for the 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 for the storage of oil 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 or taxiing, 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 of the electrical appliances on or off in an aircraft during fueling or 

defueling. 

14.40.040 

During fueling and defueling the 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 of fuel. 

14.40.060 

No smoking will be permitted within 100 feet of an 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 of all 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 a grounding device to prevent ignition 

of volatile liquids. 

14.40.110 

No person shall dispense fuel either to the public or to private 

aircraft either owned by himself or others except those vendors 

authorized by the Airport Management. 

14.40.120 

No fuel may be dispensed on any portion of the 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 qualify for 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 similar tools 

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 

100 feet 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 for the protection of property. Such fire extinguishers shall 

be rated capable of extinguishing Class B & C fires. 

14.44.010 

CHAPTER 14.44 

AIRCRAFT OPERATIONS 

No aircraft shall be taxied or towed on any areal other than the 

areas normally used for operation of aircraft, without the express prior 

written approval of the 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 of the 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 for the care or protection of aircraft, 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, or tied 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 of such leaks shall be made at the expense 

of the 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 of the 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 of such 

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 of the 

Airport Board. 

14.44.120 

PARKING - No person shall park aircraft in any area on the Airport 

other than prescribed by Airport Management. 

14.44.130 

ACCIDENT REPORTING - Persons involved in aircraft accidents 

occurring on the Airports shall make a full report thereof as required by 

Federal Air Regulations. In addition, they should notify the Airport 

Management or Chouteau County Sheriff's Office. 

14.44.140 

In case of an accident occurring on the Airport, no vehicle or 

personnel will be permitted on the landing areas without the express 

approval of the 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 of the airport or in aircraft zones 

approach where a hazard to safe flight would be created without the 

prior approval of the 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 airport to 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 a weight of 12,500 

pounds or less are allowed on the Chouteau County Airports. 

14.48.040 

WARMUPS, CHECKS - Warm ups and final checks prior to takeoffs 

must be performed only at designated areas remaining clear of the 

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 of the 

runways, or from taxiway intersection. 

14.52.030 

ACCIDENT PROCEDURE - In case of an 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 not to 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 after take-off shall climb to an altitude of 1000 feet 

AGL or 4500 after the 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 contributing to 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 traffic flow 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 

greater to 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 a wing 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 that the 

person at the controls shall have full control of the aircraft at all times. 

14.56.050 

NAVIGATIONAL LIGHTS - All aircraft being taxied or towed 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 of these 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 if allowed by the hangar owner. 

B) Aircraft are not to be parked in the taxiway so as to prevent the 

passage of other aircraft or vehicles. 

C) No aircraft shall be fueled while parked in a hangar. 

D) No trash or greasy rags or paper shall be permitted to accumulate 

in hangars. Such materials must be disposed of in containers 

provided. 

E) Hangar floors 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} other than 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 of flammable and/or volatile liquids for the cleaning of 

aircraft or parts is prohibited in the hangars. 

14.60.050 

Transfer of hangar leases from one owner to another will 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 of a hangar. 

CHAPTER 14.64 

BASIC LEASING AND ALTERATION/CONTRUCTION REQUIREMENTS 

14.64.010 

It shall be unlawful for any person, firm, or business to conduct any 

commercial activity on, at, and within the airports without first 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 a form 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 after the requesting party puts 

forth in writing the scope of the proposed operations to include but not 

limited to the following: 

a) The service to be offered and or the nature of the business. 

b) When applicable the amount and location of the land the 

requesting party desires to lease or use. 

c) When applicable the building(s) space and location of sale 

they are requesting to lease or construct. 

d) When applicable the number, type and ownership of the 

aircraft intended to be used in the business. 
e) When applicable the number, type and use of other pieces 

of equipment intended for use in the business. 

f) The number of persons located on airport to be employed 

in the business. 

g) The hours/number of days of the week of proposed operation. 

h) Evidence of the 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 proof of 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 alter these criteria. 

a} The availability of the 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 for the 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 of which 

is devised by the Airport Board. 

2) The acceptance of the 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 of the Board, nor may any portion of a lease, its privileges 

or the ground so covered by subleased without the review and written 

permission of the Board. 

14.64.070 

No part of the Airport and no improvement thereon shall be 

used or allowed to be used at any time for the manufacture, storage, 

distribution, serving or sale of any product or the furnishing of any 

service, in a manner which is unreasonably noxious or offensive or an 

unreasonable annoyance or a nuisance to others on the Airport because 

of odors, 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 of the County Clerk & Recorder. All monies are 

payable to the Chouteau County Joint Airport Board on the date incurred 

unless the provisions of a valid 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 for the general welfare of the Airport. 

14.68.020 

PENALTIES - Any person, firm, partnership, association or 

corporation who shall violate the rules and regulations of the Airport 

Board shall, upon conviction thereof in any court of competent 

jurisdiction, be deemed guilty of a misdemeanor. Each day a violation of 

the rules and regulation of the Airport Board shall continue will 

constitute a separate offense. Each misdemeanor shall be punishable 

by a fine not to exceed five-hundred dollars ($500.00) or imprisonment in 

the County Jail for a period of not to exceed sixty (60) days, or both.