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HomeMy WebLinkAboutC72 -17 Fixed Base Operator Concession with Rocky Mountain Airwaysp FIXED BASE OPERATOR CONCESSION AGREEMENT THIS 'AGREEMENT made and entered into this day of September, 1972, by and between EAGLE COUNTY AIRPORT AUTHORITY (hereinafter "Authority") and. ROCKY MOUNTAIN AIRWAYS, INC. (hereinafter "Rocky Mountain"), regarding the granting of a fixed base operation on or at the Eagle County, Colorado, Airport (hereinafter "Airport"). WITNESSETH: WHEREAS, Rocky Mountain has operated as fixed base operator at the Airport for a period of years and particularly since January, 1969, under agreement between Eagle County ,Commissioners and Rocky Mountain; and WHEREAS, substantial differences arose between said Commissioners and Rocky Mountain which resulted in litigation; and WHEREAS, the parties have agreed to resolve the litigation and to redefine the duties, functions and privilege of Rocky Mountain's fixed base operation at Airport; and WHEREAS, Authority, upon careful consideration, has concluded that it is in the best interests of Eagle County and Airport to engage Rocky Mountain to continue to operate its fixed base opera- tion under a redefined agreement; and WHEREAS, the parties desire to provide at Airport the highest possible quality service to general aviation consistent with economic justification and customary levels of service at airports of similar utilization for the purposes of attracting increasing numbers of the flying public to Eagle County as an aid to the development of the economy of said County and the communities therein located, and at the same time providing for the convenience and safety of the general flying public and their aircraft at Airport. (OD, NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and in further consideration of the settlement and dismissal of Civil Action No. 1687 of the District Court in and for the County of Eagle, entitled Board of County Commissioners, County of Eagle vs. Rocky Mountain Airways, Inc., the parties agree as follows: 1. CONCESSION. Authority hereby grants to Rocky Mountain a concession to operate as a Fixed Base Operator on and at Airport. Authority further grants to Rocky Mountain on the terms and con- itions hereof and for the purposes hereof the right to occupy the following portions of Airport as delineated on the map marked "Exhibit A", attached hereto and made a part hereof: (a) For Rocky Mountain's use in connection with its fixed base operations services, the ground presently occupied by its terminal building, service building, trailer, fueling area, and aircraft ramp area, subject, however, to reasonable rules and regulations as may from time to time be adopted by Authority governing duration of use of such areas which use may affect normal traff.ic and taxiing patterns of Airport; (b) For Rocky Mountain's use in connection with its fixed base operations services only, the ground presently occupied and utilized as an aircraft tie -down area, together with the use, in common with others, of taxiways, runways, and other common areas of the Airport, reserving to Authority the right, in the event of development and execution of a Master Plan for Airport Develop- ment which makes relocation of the herein granted areas necessary or desirable, to cause the herein granted areas to be relocated and to consult with Rocky Mountain in so doing; provided, that the relocated areas shall be of equivalent or greater size than the here- inabove described area, and shall not be situated in a less favorable location, taking into consideration convenience, accessibility, proximity to the runway and taxiways, and proximity to adjacent lands owned by Rocky Mountain, and provided further that Authority shall bear the cost of such relocation. 2. SPECIFIC SERVICES REGARDING AIRCRAFT. Rocky Mountain shall provide the following specific services or products at all times during the term of this Agreement. For the purposes of this Agreement, "Aircraft frequenting the Airport", shall mean all air- craft used in general aviation having a "maximum gross takeoff weight" of 12,500 pounds or less except for aircraft of which no more than 100 of that type are registered as active aircraft with the FAA. (a) A supply of 80 octane aviation fuel and 100 octane aviation fuel in such quantities as shall be necessary to supply all reasonably predictable requests and requirements of general aviation for such fuel service on or at Airport. (b) An inventory consisting of but not limited to several grades and not less than two brands of engine oil of the type generally needed to service aircraft frequenting the Airport. (c) Auxiliary power unit sufficient to start all aircraft frequenting Airport. (d) A battery charger or chargers capable of pro- viding a quick charge as well as a trickle charge. (e) De-icing equipment, consisting of either infra- red heat or a merchanical spray de-icer. (f) An aircraft engine pre -heat unit adaptable to the aircraft frequenting Airport. (g) An inventory of maps, charts, and normally avail- able pilot accessories. (h) An air compressor available to all aircraft (preferably portable). (i) oxygen available to recharge to 1,200 lbs. psi oxygen equipment utilized aboard aircraft frequenting Airport. (j) Line service, including but not limited to an attendant, during operating hours, to direct aircraft to appropriate tie -down facilities and upon the request of the owner or pilot thereof, to assist in tying down aircraft, to fuel aircraft, to - 3 - M clean windshields on aircraft, to remove snow from the fuselage, wings and tail assemblies of parked aircraft, and in general, to provide friendly and courteous service to all persons frequenting Airport. (],,,) The fuel described in (a) above shall, not later than December 1, 1972, be dispensed from a fuel truck and at any time after such date at the request of Rocky Mountain, Authority shall use its best efforts to cause the removal of existing fuel pumps and fuel storage facilities from Rocky Mountain's use area. 3. GENERAL AIRPORT MAINTENANCE. Rocky Mountain hereby agrees to perform the following listed maintenance and repair functions and such other maintenance functions as shall be agreed upon from time to time between Rocky Mountain and Authority. Such maintenance and repair funct-Lons shall be so performed as to keep the facilities involved in good and efficient operating condition, but Rocky Mountain's responsibilities hereunder shall be limited to those functions which do not require skilled labor or professional services. (a) Snow Removal. Rocky Mountain agrees to provide snow removal services on the following areas of Airport in the order here designated: runways, taxiways, aprons. Rocky Mountain may utilize equipment provided by Authority and/or Eagle County. Snow removal shall be sufficient to provide clear and safe taxiways and runways for the general flying public, as well as for scheduled airline flights, it being the intention of the parties by this pro- vision to provide an open and available airport at all reasonable hours. Authority shall be responsible to provide and maintain adequate snow removal equipment and to keep same in good working order. The parties understand that piles, windrows, and ridges of snow or ice are hazard_,� to aircraft and such shall not be permitted at any time on the apron, tie -down areas, taxiways or runways, after adequate time has elapsed for normal snow removal under par- ticular circumstances present at the time. - 4 - a s� repairs; (b) Plight instruction, including ground school; (c) An aircraft maintenance facility for minor and major (d) A courtesy car for not more than a six mile radius from Airport; and (e) A tug or other mechanical means of moving aircraft. Rocky Mountain further agrees that no permanent alterations or new construction will be made to or on the exterior of the premises now used by it without first requi-=:sting in writing and receiving written approval therefor from Authority, which approval will not be unreasonably withheld, but may be contingent upon ,approval by Authority of plans and specifications for the proposed project as well as any other factors considered by Authority to be relevant. 5. OPERATING HOURS AND SERVICE. Rocky Mountain agrees to provide service as herein described from 7 a.m. to 6 p.m. or legal sunset, whichever is earlier, each and every day of the year. In addition, Rocky Mountain agrees to provide night "on-call" service of an employee, and the arrangement for such night "on -cal." service shall be prominently posted on the fixed base operator facility. Such "on-call" service shall be available to transient aircraft with- out prior arrangement, but Rocky Mountain shall not be required hereunder to provide such "on-call" service to locally based aircraft other than charter operations except by prior arrangement or in case of emergency. It is recognized that there may be short, infrequent periods during regular business hours when the attendant will not be immediately available. The attendant will be considered to be present if he is performing duties for Rocky Mountain at any place on the Airport. In the event attendant finds it necessary to leave the Airport, he shall prominently post at the facility the expected time of his return. 6. REVENUE. Rocky Mountain shall be permitted to charge reasonable prices for services rendered and products sold as fixed base operator; provided, however, that all such charges shall be approved in advance by Authority and a schedule of such charges - 6 - r r 6 shall be posted at all times in the fixed base operator facility. Thirty (30) days prior to the commencement of any charge or the change in any charge, Rocky Mountain shall submit to Authority, in writing, a request for such charge or change. In the event the Authority shall neither approve or disapprove said charge within thirty (30) days after request, the charge shall be considered approved. Nothing herein shall be construed to require approval by Authority of charges made for transportation services offered or sold by Rocky Hountain whether by air or by motor vehicle, including rental cars. Pocky Mountain shall pay to Authority the sum of three cents (3¢) per gallon for every gallon of aviation fuel which shall be pumped by the fixed base operator. Rocky Mountain shall report to Authority by the tenth day of each month the gallonage of fuel pumped during the preceding month and Authority shall invoice Rocky Mountain for the amount due. Invoices shall be paid by the tenth of the month following receipt thereof. Invoices shall be sent to Rocky Mountain at its corporate offices. 7. GENERAL OPERATING PROVISIONS. (a) Rocky Mountain in all fixed base operations to be conducted pursuant to the provisions of this Agreement in the use of the Airport, shall not discriminate or permit discrimination against any person or class of persons by reason of race, color, creed or national origin or in any other manner prohibited by the Federal Aviation Regulations or any amendments thereof. (b) Rocky Mountain shall furnish the services and/or products contemplated by this Agreement on a fair, equal and not unjustly discriminatory basis to all users thereof on a "first come, first serve" basis, and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Rocky Mountain shall be allowed to make reasonable and non- discriminatory discounts, rebates or other similar types of price reductions to volume purchasers. - 7 - (b) Airport Equipment Maintenance. Rocky Mountain agrees to make necessary repairs to all landing lights, rotating beacon and windsock on the Airport, including but not limited to the replacement of bulbs and lenses, but not including repairs which require the services of a licensed electrician. Replacement parts and bulbs shall be supplied by Authority. Included in this shall be the responsibility of Rocky Mountain to provide close trimming of weeds around Airport and runway lights as required, it being anticipated by the parties that Authority will provide, through the County, mechanical weed cutting as close to said landing lights as is practicable, upon written request by Rocky Mountain to Authority. It is agreed that Authority will provide soil sterilant around said lights in 1973 and subsequent years so as to eliminate the need for close weed trimming. (c) Maintenance of Tie -Down Areas. Rocky Mountain agrees to maintain in safe and usable condition all tie -down ropes, chains and other accessories such as wheel chocks which shall initially be, or have been provided by Eagle County and/or Authority. Any replacement or repair to cables or posts shall be provided by Authority at Rocky Mountains's request. (d) Janitor Service. Rocky Mountain shall keep all facilities used or maintained by it as fixed base operator in a clean and sanitary condition and shall provide for trash removal therefrom. (e) Weekly Reports. Rocky Mountain shall make regular inspections and weekly reports (immediately in event of emergency) to Authority regarding the condition of runways, taxiways, and parking apron, so that repairs may be made or the Airport closed, as necessary, such reports to be made on a form to be provided by Authority. 4. CONTEMPLATED EXPANSION OF SERVICES AND FACILITIES. It is contemplated by the parties hereto that, as it becomes economically feasible, Rocky Mountain shall provide the following services in addition to those listed above: (a) Fuel suitable for jet aircraft and facilities for pumping the same; - 5 - (c) Non-compliance with provisions (a) and (b) above shall constitute a material breach or default of this Agreement and in the event of such non-compliance, Authority shall have the right to terminate this Agreement without liability therefor, or, at the election of Eagle County or of the United States or both of said Governments, shall have the right to judicially enforce said provisions (a) and (b). (d) Rocky Mountain agrees that it shall insert the above three provisions in any lease, agreement, contract, etc., by which Rocky Mountain grants a right or privilege to any person., firm or corporation to render accommodations and/or services to the public on the Eagle County Airport. (e) Authority reserves the right to further develop or improve the landing area of the Airport as it sees fit, regard- less of the desires or view of Rocky Mountain, and without interference or hindrance, except that Authority may not violate or diminish Rocky Mountain's rights as provided elsewhere in this Agreement or diminish its ability to perform the obligations undertaken by it hereunder; provided, however, that any general or partial closure of the runways or taxiways on Airport for the purpose and duration of construction or repair shall not be con- sidered a violation or diminishing of Rocky Mountain's rights or ability to perform. (f) Authority reserves the right, but shall not be obligated to Rocky Mountain, except as specifically undertaken herein, to maintain and keep in repair the landing area of the Airport and all publicly -owned facilities on the Airport, together with the right to direct and control all repair and maintenance activities under- taken herein by Rocky Mountain. (g) Nothing in this Agreement is intended to conflict with any provision of Federal Law or Regulation relative to the development, operation or maintenance of the Airport, and no provision hereof shall be construed in such way as to conflict with any such provision pertaining to or defining eligibility of Eagle County or Authority for Federal participation therein, and in the event such conflict cannot be avoided by construction of the terms hereof, the parties agree to modify the terms hereof in such way as to remove such conflict but maintain the spirit of this Agreement. (h) Rocky Mountain agrees to comply with the notifica- tion and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned by Rocky Mountain for the purpose of this Agreement, or in the event of any planned modification or alteration of any present or future building or structure situated on the premises. (i) It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act. (j) There is hereby reserved to the Authority, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises used by Rocky Mountain, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace for landing at, taking off from or operating on said Airport. (k) Rocky Mountain, by accepting this Agreement, expressly agrees for itself, its successors and assigns, that it will not, in violation of any applicable law or regulation, erect nor permit the erection of any structure or object, nor permit the growth of any tree on the premises used hereunder above a mean sea level elevation of 6,589 feet. In the event the aforesaid covenant is breached, Authority reserves the right to enter upon the land used hereunder and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of Rocky Mountain. (1) Rocky Mountain, by accepting this Agreement, expressly agrees for itself, its successors and assigns, that it as may from time to time be promulgated by Authority, provided, however, that such further rules and regula- tions shall not unreasonably conflict with the provisions of this Agreement. (iii) All Rules and Regulations of the Federal Aviation Agency now in effect and such further rules and regulations as may from time to time be adopted by it relative to operation of airports of the type and character of the Eagle County Airport. 8. INSURANCE. Rocky Mountain shall obtain and maintain in effect during the term of this Agreement comprehensive public liability and property damage insurance covering all Rocky Mountain activities, operations, and facilities on or at Airport, and naming Authority and Eagle County as additional insureds, with limits of liability of not less than $100,000.00 for injury to each person, $1,000,000.00 for each accident, and property damage limits of not less than $50,000.00 for each accident. A certified copy of each insurance policy obtained here- under or a certificate evidencing the existence of such insurance shall be delivered to Authority within 10 days after the execution of this Agreement. Each such copy or certificate shall contain an endorsement by the insuror obligating the carrier of such insurance to furnish Authority with thirty (30) days notice of any intended cancellation, termination or modification of such insurance. 9. INDEMNITY: Rocky Mountain shall indemnify and hold hold harmless Authority, Eagle County, and the individual members of Authority, and the individual members of the Board of County Commissioners of Eagle County and their successors from any and all demands, losses, liabilities, claims or judgments, together with all costs and expenses incident thereto which may accrue against, be charged to, or be recoverable from Authority or Eagle County or the individual members of Authority and the individual members of the Board of County Commissioners of Eagle County and their successors, as a result of the acts or omissions of Rocky Mountain, its employees or agents, in connection with Rocky Mountain's use and occupancy of the airport premises. Authority shall give to Rocky Mountain prompt notice of any claim made or suit instituted which an any way, directly or indirectly, affects or might affect Rocky Mountain and Rocky Mountain shall have the right to compromise or participate in the defense of any such action to the extent of its own interests. Rocky Iviountain shall likewise give prompt notice to Authority of any claim or suit which directly affects or might directly affect Rocky Mountain's ability to operate hereunder or which in any way affects or might affect Authority or the general operations of Airport. 10. ASSIGNABILITY OF CONCESSION: It is understood by the parties hereto that during the term of this Agreement, the concession hereby granted shall be assignable by Rocky t•Zountain to an assignee approved by Authority. Authority, however, hereby agrees not to withhold such approval unreasonably. 11. TERMINATION OF AGREEMENT FOR DEFAULT. (a) Default. The failure of Rocky Mountain to provide any of the herein set forth services or products shall be considered a substantial default in the terms of this Agreement, but such default shall not be grounds for termination of this Agreement except as in the manner hereinafter specified. (b) Notice of Claim of Default. Notice of any claimed default shall be or may be given only by a member of Authority or by a duly designated Airport Manager, in writing, setting forth the facts constituting the claimed default on forms provided by Authority, to Rocky Mountain upon that particular member's observation of such facts. (c) Termination for Default. A default as herein described shall be considered by the parties as sufficient cause for termination as herein provided, except under the following circumstances: (i) Request for Conference to Discuss Claim. If, at the time notice of claimed default is given to Rocky Mountain, Rocky Mountain considers that the facts do not support such claim or that extenuating circumstances exist which justify the existence of the facts, or that times prescribed in (ii) herein are insufficient to properly remedy such claim, Rocky Mountain shall have the right, within the time limits provided in (ii) hereof or in the case of snow - 12 - removal within four (4) hours to notify Authority of its desire for a conference to discuss the claimed default. Notice hereunder may be delivered in writing or by telephone message to any member of Authority or left with any adult at such member's home or usual place of business. Within forty-eight (48) hours after receipt of Rocky Mountain's request for a conference, the Chairman of the Authority, after consultation with Rocky Mountain as to the time and place of such meeting, shall issue a notice of special meeting of the Authority to consider the claimed default. Said notice shall set forth the time, place and purpose of the meeting and shall be given to all members of the Authority and Rocky Mountain. If the Chairman shall fail to cause notice to issue within forty-eight (48) hours, the notice of claim shall be considered waived and inoperative. The delivery of a request for such a conference shall stay the time requirements of (ii) below. At the conference, after discussion with Rocky Mountain of the circumstances giving rise to the claim of default and any matters Rocky Mountain considers to be extenuating, the Authority shall (1) determine that no default has occurred, or (2) determine that a default has occurred but should be waived, or (3) declare that a default has occurred and should not be waived and issue instructions to Rocky Mountain setting forth what steps are required to remedy the default and a reasonable time within which such default shall be remedied. (ii) Curing Defaults. In the event Rocky Mountain does not request a conference under paragraph (i) above, Rocky Mountain shall remedy, within the following time limits, the facts or circumstances set forth in the notice of claim of default (1) A default in snow removal from runways and taxiways shall be cured by the commencement of removal activities within two (2) hours after the delivery of a claim of default, the cessation of the snow storm, or the commencement of on -duty hours whichever shall be later, and further provided that the operation shall continue as expeditiously as possible after commencement; (2) Fueling service conference, shall not be construed as an admission by Rocky Mountain that a default has occurred. 12. NOTICES. Unless otherwise provided herein, any notice hereunder to Rocky Mountain shall be mailed, Certified Mail, to Rocky Mountain Airways, Inc., 333 Terminal Building, Stapleton International Airport, Denver, Colorado 80207, or such other address as shall from time to time be supplied to Authority in writing. Notices of Claim of Default shall be in writing, endorsed with the date and time of delivery. Such notice shall be delivered to the Rocky Mountain agent on duty at Airport and a duplicate shall be forthwith mailed to Rocky Mountain at the above address. Notice shall be effective upon delivery to the agent on duty. Notices to Authority, unless otherwise provided herein, shall be in writing mailed to Eagle County Airport Authority, Drawer 489, Vail, Colorado 81657, or such other address as may from time to time be supplied to Rocky Mountain in writing. 13. TERM OF AGREEMENT. This Agreement shall extend for a period of one (1) year from the date hereof, at which time it shall terminate, unless options are exercised and accepted as hereinafter set forth. Rocky Mountain has an option to extend this Agreement for a period of five (5) years after the initial term hereof, provided Rocky Mountain shall give notice in writing to Authority of its intent to exercise the option at least ninety (90) days in advance of the expiration of the initial term hereof. Said extension shall be upon the same terms and conditions hereof during the entire extended term. At least sixty (60) days prior to the termination hereof, Authority shall notify Rocky Mountain of the acceptance or rejection of the exercise of the option. Authority shall accept the option unless by majority vote of a quorum of Authority, Authority shall determine that by reason of repeated failures to provide the services--re-quired hereunder, the general level of service provided has not been of the standard require_d.—b-y_._the contract. It shall not be presumed that the standard required by the contract - 15 - and construed in all respects as the original, on the year and date first above written. EAGLE COUNTY AIRPORT AU`.CHORITY twwfaam' - Member ROCKY MOUNTAIN AIRWAYS,INC., a C rporation - - — °® President I, , certify that I am the Secretary am" , 4p^- of Rocky Mounta'n Airways, Inc., a corporation, named as Concessionaire in the foregoing Agreement, and that �. who signed said Agreement on behalf of said Concessionaire, is the President of said corporation, and that in signing this Agreement, he was acting within the scope of his authority. -17- Secrle Vfy STATE OF COLORADO ss. COUNTY OF EAGLE The foregoing instrument was acknowledged before me this day of September, 1972, by as r President andas Secretary .. V v 1 4c of Rocky Mountain Airways, Inc., a corporation. Witness my hand and official seal. My Commission expires: My Commission expires Sept. 8,1974 Notary Public THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO By Chairman It �tilemb e Member ATTEST: September 25, 1972 C1erk':-to/Board 3= 66.7! Ln Co F, � 9D .4 -n M, rn -3_0.4 I O 3: 0 rn' (_4 00 M . > ca z 7- rri 0 A- p r- to > -n > z 0 C;m > -15.2-- :5 —4 m OM. 0— fn 0 rn cL> �c 0 Lp. CD r, N rn T: t mm 0_ UM < 0— W 'n m -ID K::o Fm,,:�go ow 0 00 og:*CO -4C Z x opcn r'"R Gi—> 3.zE OD >Ln- 22.71 0 x Lo oD F- o 0 o z rn . I 4� 42.2 "P.J�­40.0 93.0, 183.6, n L9 .4 (n co .-A rn -n < G rn m CD Z > r Ln Fn m > > Z > z 9D 0 V > _0 6 5.9'-- 22.5-4 0 32 .3' 60. S' W L)j 55.7' a F, � 9D .4 0 --I 0 rn -3_0.4 I O 3: 0 rn 0 G') > ca z 7- rri 0 G)0 > rn -n > z D rn X m a m < w m 0 z C') C') N > ITI OO r- r- UI > rn Ul m0 � z OD C) r - o 0 0 > m m 0 —"3-2-3 77 T m D > z z > = > P. z 0 m > --A p QjE, OF ASPM ALTSURFACE Proper,t y Fence L nje., 14 8.4' 51.6' -200.0, 0 m > m rri �zNam� is 0 1; 7� z :c 0 r 0 a) -n > zC: 0 _Zro > N. Z0200, > 4' Ln t3,! mooma 'A M I. JENERAL 1. DEFi.NT'riONS RULES Ai'vD 11'FGJLAI'I0NS EAGLE COUNTY AIRPORT (a) "Airport" means flie Eagle (,'o,,)nt,y Airr,ortl, located approx- i 1 -Tia G e 1- miTv,,gy bel,vifien Eagle Rnd "'YPs"m tit-ld I_yln.- parallel a r i d t o the South of' U. So 1111 ;hviay 0 &014. (b , "Airpo,rt Authority, Vas used hereinafter shall be the Board of County Ccmmiasion,ra, of Ea±�Ir- C0ur1t..v, Colorado, acting elthor at Lt,,L3 sole d i-scretion, or on tt�e recommendation of the Fagle Jc),uity Airr,,ort Advipoi',y Committee, or, through the deleAzated authority of t) -,,P, Airoort Advisory Committee. (c) "Peruon" means tiny individual. person, buBI-ness firm, or - body politic, or any ,r group or association of persotie posseaL,,In� legal entity, vjtjo 9h;aj a a, -A. or may have any contact with or bear ally relationship t,0 the All,port or its opera- tion. 2. GENERAL OPERATIONS All persons on any part of the property - comprising the Airport shall be governed by the rules and prescribed in .1 ulations pj this manual, hereinafter promulgated, and by such subsequent additions hereto as may be made by the Airport A,�ithorjty rela- tive to the uue or occupation of any part of the property 01' facilities comprjbin�s this airport. 3. RESTRi]TED AREAS No person shall enter any restricted area posted as belng closed to the public, by the Airport Authority, except by pf_:j,mj_ssjojj of trie Authority. 4. Ii'!]RMI r FUR uSE OF FACILITIES No person sha r 11 use t,,e Airport as a base or teninal, for com- mercial aviation activities, or shall conduct any ousiness or concession ur)on the air -.)ort or upon any land acquired by the County of Eagle for ase In connection with the Air' ort, or upon or in any of the buildings, str',Actures, parking places, walkways, roadways, or other environs used or operated in connection with the Air,.,ort, without first o'otaining the written permission of the Airport Authority. Any such per ..iscion ;'-r,,nted prior to the publication of this manual shall "--e deemed to be effective and continuous inuous in effect until' r��voked by tie Airport Authority or the person granted permission, as provided in the terms and con- ditions of said -pprmission. 5. AIRPORT ATTEEINDA '4 T I To the extent that it is or becomes economically feasible , an Airport Attendant Tf?y bedeEiw,�ated by the Airport Authority, and 18. FIRE HAZARDS: (a) Cleaning of Aircraft. No person shall use inflammable, volatile liquids in the cleaning of aircraft, aircraft engines, propellers and appliances unless such cleaning operations are conducted in open-air areas as designated or in a room specifi- cally set aside for that purpose which room must be properly fire -proofed and equipped with adequate and readily accessible fire extinguishing apparatus. (b) Osten Flame Operations. No personshallconduct any open flame operations in any hangar, or building or part there- of unless in a specifically designated area. (c) Storage. No person shall store or stock material or equipment in such a manner as to constitute a fire hazard. (d) Storage of Inflamm.able.Material. No person shall keep or store any inflammable liquids, gases, signal.flares or other similar material in hangars or any building on the airport; pro- vided, that such materials may be kept in aircraft in the proper receptacles installed in the aircraft for such purpose or in rooms or areas specifically approved for such storage by the airport supervisor. (e) Lubricating_Q_tLs. No person shall keep or store lub- ricating oils in or about the hangars; provided, that such ma- terials may be kept in air craft in the proper receptacles in- stalled in the aircraft for such purpose or in suitable containers as approved by the airport supervisor. (f) Waste. Lessees of hangars or hangar space shall pro- vide suitable metal receptacles with covers for the storage of oil wastes, rags and other rubbish. All such waste shall be re- moved every 30 days or sooner if necessary. (g) qLeaniM Fluids. No person shall use volatile, in- flammable substances for cleaning floors in the hangars or in other buildings on the airport. (h) Floor Care. All lessees on the airport *shall keep the floors of hangars, apron pits and areas adjacent thereto, leased by them respectively, free and clear of oil, grease and other inflammable material. (i) p .aiD_q. Doping processes shall be conducted only in properly designed, fire -proofed, and ventilated rooms or build- ings in which (1) all illumination, wiring, heating, ventilation, equipment switches, outlets, and fixtures shall be spark proof and vapor proof; and (2) all windows and doors shall open easily. f1 (j) Fueli-ng Operations. The following rules shall govern the draining and fueling of aircraft: (1) No aircraft shall be fueled or drained while the engine is running, or being warmed by applications of exterior heat. (2) During refueling the aircraft and the fuel dis- pensing apparatus shall both be grounded to a point or points of zero electrical potential. (3) Persons engaged in fueling or defueling shall exercise every precaution to prevent overflow of fuel. (4) No smoking will be permitted within 50 feet of an aircraft being fueled or drained. (5) Adequate fire extinguishers shall be within ready reach of all fueling and draining operations. (G) Fueling hoses and equipment shall be maintained in a safe, non -leaking condition. (7) All hoses, funnels, and appurtenances used in fueling or def_ueling operations shall be equipped with a ground- ing device to prevent ignition of volatile liquids. 19. FIRE APPARATUS: All tenants or lessees of hangars or shop facilities shall supply and maintain adequate and readily accessible fire extin- guishers for the protection of property. -5-