Section 17.45.205. Application for or material amendment to a lease, permit, concession, or other interest.

	(a)  A person seeking a lease, permit, concession, or other interest for use of airport property or seeking a material amendment to an interest the person already holds may submit an application under this section.  The person must submit the application in writing to the department and must include  
		(1) a description of the property or interest requested;  
		(2) a description of the proposed activity or business and, if the applicant proposes a business use, a description of the activities proposed to be conducted on the airport and a copy of the applicant's business license;  
		(3) a description, site plan, cost estimate, and method of financing for the proposed improvements;  
		(4) a list of any aircraft that the applicant intends to base on the airport;  
		(5) a non-refundable $100 application fee, unless the applicant is a federal agency that is exempt from the fee under federal law or the terms of a grant to the department; and  
		(6) the length of term or extension requested;  
		(7) repealed 3/22/2008.  
	(b)  If an applicant applies for either a land lease or a land lease term extension based on investment, purchase price, fair market value, or remaining useful life of the permanent improvements, the applicant shall submit with the application, and in accordance with 17 AAC 45.230, the following:  
		(1) a statement of the dollar amount, excluding financing costs, of any proposed investment in the premises and the applicant's written agreement to make that investment for, as applicable,  
			(A) construction of permanent improvements on the premises, including the cost of design, labor, materials, shipping, permits, equipment, soil testing, and environmental assessments directly related to the construction;  
			(B) premises boundary and as-built surveys;  
			(C) site development work;  
			(D) site development materials;  
			(E) remediation of environmental contamination, except that, if the applicant caused or materially contributed to the contamination, the applicant may not include the costs of remediation to justify all or part of the term of a land lease or land lease term extension under this section or 17 AAC 45.225; and  
			(F) costs related to utility infrastructure development or connection;  
		(2) documentation of the purchase price, excluding financing costs, of permanent improvements that the applicant acquired from a previous lessee and that are located on the premises;  
		(3) documentation of any investment, excluding financing costs, that the applicant has made on the premises for work or materials  
			(A) described in (1)(A) - (F) of this subsection;  
			(B) approved by the department in an airport building permit or other written approval under 17 AAC 45.280 or under 17 AAC 40 in effect before March 28, 2002; and  
			(C) not previously considered by the department in setting any initial lease term or term extension;  
		(4) a written appraisal, prepared in accordance with 17 AAC 45.230(a)(3), of the fair market value of any permanent improvements that the applicant owns or has contracted to acquire that are located on the premises; or  
		(5) a written opinion, prepared in accordance with 17 AAC 45.230(a)(4), of the remaining useful life of the existing permanent improvements that the applicant owns or has contracted to acquire that are located on the premises.  
	(c)  An application for a successive lease of land may not be submitted earlier than one year before the expiration of the remaining lease term.  
	(d)  An applicant that believes the rental rate established under 17 AAC 45.127 for the lease the applicant seeks would exceed fair market rent may, at the applicant's expense, use the protest procedures in 17 AAC 45.297(c) - (i) to establish the fair market rental rate for the lease by appraisal.  This subsection does not apply if the applicant is seeking to modify an existing lease.  
	(e)  To make a determination whether an application is eligible under 17 AAC 45.215(a), the department may require the applicant to submit additional information relevant to the applicant's eligibility for consideration without competition.   

Authorities

02.15.020;02.15.060;02.15.090;02.15.210;37.15.470;37.15.540

Notes

Reference

17 AAC 45.127
17 AAC 45.210
17 AAC 45.303
17 AAC 45.333
17 AAC 45.354

Authority

AS 02.15.020 AS 02.15.060 AS 02.15.090 AS 02.15.210 AS 37.15.470 AS 37.15.540

History

Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185