(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 application fee of
(A) $500, if the application is for a new
lease, concession, or other interest;
(B) $250, if the application is for a
successive lease, a new permit, or a term extension for, or a materia. 1
amendment to, an existing lease, permit, concession, or other interest;
or
(C) no charge, if 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(7) repealed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.
