17 AAC 45.270 - Sublease
(a) Unless the lease, airport boundary
crossing permit issued under
17 AAC 45.285, or concession
expressly provides otherwise, a lessee, airport boundary crossing permittee, or
concessionaire may not sublease all or a portion of a lease, airport boundary
crossing permit, or concession premises without the prior written consent of
the department under
17 AAC 45.275. A permit issued
under this chapter, other than an airport boundary crossing permit issued under
17 AAC 45.285, may not be
subleased. A sublease made contrary to the requirements of this section and
17 AAC 45.275 is void.
(b) A request for consent to a sublease must
be submitted in writing and must include
(1)
the name, address, and telephone contact number of the proposed
sublessee;
(2) a description of
property to be subleased;
(3) a
description of the proposed sublessee's intended use of the premises;
(4) the expiration date of the
sublease;
(5) a statement of the
proposed sublease rent to be paid per month of occupancy;
(6) three originals of the executed sublease
documents, or in the case of a sub-sublease, four executed originals of the
sub-sublease, with notarized signatures of the sublessee and the
sublessor;
(7) a binder for
insurance covering the operations and activities of the sublessee to the same
extent that the sublessee would be required under
17 AAC 45.425 to maintain
insurance if the sublessee were a direct lessee, airport boundary crossing
permittee, or concessionaire under the lease, airport boundary crossing permit,
or concession;
(8) a guarantee of
indemnification by the sublessee under which the sublessee provides to the
state the same level of indemnity that the sublessee would provide to the state
if the sublessee were a direct lessee or concessionaire under the lease,
airport boundary crossing permittee, or concession; and
(9) a non-refundable sublease processing fee
of
(A) $500, if the sublease is a cooperative
sublease that functions as a proprietary lease; in this subparagraph,
"proprietary lease" has the meaning given in
AS
34.08.990; or
(B) $75 for any other type of
sublease.
(c)
Unless the department's written consent provides otherwise, a sublease is
subject to all of the terms and conditions of the lease, airport boundary
crossing permit, or concession governing the property being subleased and must
include language to that effect. The activities of a sublessee on an airport
are also subject to all applicable fees and charges established under
17 AAC 45.127, and the sublessee
and the direct lessee remain jointly obligated for payment of all applicable
fees and charges to the department.
(d) A sublessee of a lease, airport boundary
crossing permit, or concession may not occupy the premises before the
department consents to the sublease in writing.
(e) A sublessee must maintain the same
insurance and provide the indemnity that the sublessee would be required to
maintain and provide if the sublessee were a direct lessee, airport boundary
crossing permittee, or concessionaire under the lease, airport boundary
crossing permit, or concession, as applicable. The department may waive the
requirement that the sublessee maintain insurance, including the binder
required under (b)(7) of this section, if the department determines that the
sublessee's activities on the airport are covered under the lessee's insurance
to the full extent stated in this subsection or are not likely to pose more
than negligible risks to the state.
(f) A sublease does not relieve a lessee,
airport boundary crossing permittee, or concessionaire of the responsibility
for providing the department with evidence of insurance that meets the
requirements of the lease, airport boundary crossing permit, or concession with
respect to operations on the premises, including those of the sublessee.
However, if a lessee, airport boundary crossing permittee, or concessionaire
subleases the entire premises under a sublease to which the department has
given consent under
17 AAC 45.275 and the lessee,
airport boundary crossing permittee, or concessionaire requires the sublessee
to provide insurance coverage that meets the requirements of the lease, airport
boundary crossing permit, or concession, the department will accept evidence of
that insurance from the sublessee if the insurance meets the requirements of
the lease, airport boundary crossing permit, or concession and lists the
lessee, airport boundary crossing permit, or concessionaire as an additional
insured. The department will notify the lessee, airport boundary crossing
permittee, or concessionaire if the evidence of insurance provided by a
sublessee is insufficient, incorrect, or not timely received.
(g) The consent of the department under
17 AAC 45.275 is required for each
sublease of all or any portion of a lease, airport boundary crossing permit, or
concession, including a further sublease of a sublease for which the
department's consent has already been given.
(h) Consent to a sublease by the department
under 17 AAC 45.275 does not relieve or
otherwise alter the obligations of the lessee, airport boundary crossing
permittee, or concessionaire under the lease, airport boundary crossing permit,
or concession. Any sublease provision that purports to relieve a lessee,
airport boundary crossing permittee, or concessionaire of a responsibility to
the department under a lease, airport boundary crossing permit, or concession,
as applicable, is of no effect as to the department.
(i) A lessee, airport boundary crossing
permittee, or concessionaire may request that the department informally review
a proposed sublease before the sublease documents are executed. However, a
sublease of a lease, airport boundary crossing permit, or concession is
effective only if the department consents to the sublease in writing under
17 AAC 45.275 after receiving a
written request submitted under (b) of this section.
(j) The department's consent to a sublease
under 17 AAC 45.275 applies to only the
specific sublease transaction reviewed and considered by the
department.
Notes
Authority:AS 02.15.020
AS 02.15.060
AS 02.15.090
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