Alaska Administrative Code
Title 17 - Transportation and Public Facilities
Chapter 45 - Rural Airports
Article 4 - Public Notice; Lease, Permit, and Concession Terms; Insurance; and Cancellation
17 AAC 45.410 - General terms of a lease, permit, or concession
Universal Citation: 17 AK Admin Code 17 AAC 45.410
Current through August 30, 2024
(a) The department will include provisions in a lease, permit, or concession that
(1) identify the obligations and privileges
of the parties;
(2) produce fair
and reasonable revenue for the state;
(3) foster the safe, effective, and efficient
operation of the airport;
(4)
require compliance with applicable law; and
(5) are in the best interest of the
state.
(b) In addition to the other applicable requirements of this chapter, the department will include, as applicable, in a lease, in a permit, except for a first amendment activity permit issued under 17 AAC 45.800 - 17 AAC 45.810, or in a concession, provisions that
(1) require the lessee to
assume full control and sole responsibility as between the lessee and the
lessor for the activities of the lessee, the lessee's personnel, employees, and
persons acting on behalf of or under the authority of the lessee, anywhere on
the airport and for the activities of the lessee's sublessees, contractors, and
guests, including customers and vendors, on the premises;
(2) require the lessee to coordinate the
lessee's activities on the airport with the department and to abide by the
department's decisions and directives regarding snow removal, maintenance, and
general use of the airport by the lessee, the lessee's personnel, employees,
and any person acting on behalf of or under the authority of the lessee, and by
the lessee's sublessees, contractors, and guests, including customers and
vendors;
(3) require the lessee to
perform all operations authorized by the lease in a manner that ensures the
safety of people and the airport, the protection of public health and the
environment, and the safety and integrity of the premises;
(4) require the lessee to immediately notify
the department of any condition, problem, malfunction, or other occurrence that
threatens the safety of the airport, the safety of persons using the airport,
the public health or the environment, or the safety or integrity of the
premises;
(5) reserve to the lessor
the right of ingress to and egress from the premises, including buildings, and
the right to enter any part of the premises for the purpose of inspection at
any reasonable time, subject only to the lessor's best efforts, except in the
case of an emergency, to coordinate its inspection with the lessee to minimize
interference with the lessee's activities on the premises;
(6) reserve to the lessor the right to grant
to others any right or privilege on the airport that the lessor has not
specifically and exclusively granted to the lessee;
(7) reserve to the lessor the right to grant
to third parties or reserve to the lessor easements or rights of way through,
on, above, or under the premises, so long as the easement or right-of-way does
not unreasonably interfere with the lessee's use of the premises;
(8) prohibit, unless the department
determines otherwise in the best interest of the state, the following
activities:
(A) establishment or maintenance
of any kind of living quarters on the premises, except for, as approved by the
lessor, accommodations for the customers and employees of a hotel or motel
authorized under the lease and temporary overnight accommodations for a member
of an air carrier crew or an on-call member of an air ambulance or air rescue
crew;
(B) if not visually screened
from adjacent properties, the outside storage on the premises of salvage
aircraft or vehicle parts, nonoperational support equipment, or unused or
damaged equipment or material;
(C)
the outside storage on the premises of junk, trash, solid waste, or
debris;
(D) stripping, wasting, or
removing from the premises any soil, gravel, trees, or other state-owned
material, unless the lessor approves in writing;
(9) prohibit, except as the department
otherwise approves in writing, the construction or placement of a building or
other permanent above-ground structure
(A)
within 30 feet of a boundary line of a premises; and
(B) on the apron side, taxiway side, or
runway side of a line beyond which buildings are generally prohibited, as shown
on an airport layout plan available from the department;
(10) require the lessee to keep the premises
and all improvements on the premises neat and presentable at the lessee's sole
expense;
(11) require the lessee to
provide for all utilities, maintenance, and services on the premises necessary
for the lessee's use of the premises;
(12) require the lessee to keep the premises
free of all liens other than by assignment for security purposes as approved in
writing by lessor and to pay any cost for labor and materials arising out of
any construction or improvements by the lessee on the premises;
(13) require the lessee to provide vehicle,
equipment, and aircraft parking space, snow storage, and drainage on the
premises adequate for the lessee's activities on the premises;
(14) require that the lessee must
(A) continue to satisfy relevant
qualifications initially set under
17 AAC 45.303(d) (3),
17 AAC 45.333(d) (3), or
17 AAC 45.354(d)(2), as applicable, for the
lease, permit, or concession; and
(B) provide to the lessor such documentation
as the lessor may reasonably require to establish that lessee is in compliance
with this paragraph;
(15) repealed 3/22/2008;
(16) require the lessee to peaceably and
quietly vacate the premises and return possession to the lessor at the
expiration, cancellation, or termination of the lease;
(17) require the lessee to discontinue the
use of any machine or device that interferes with any government operated
transmitter, receiver, or navigation aid until the cause of the interference is
eliminated;
(18) provide that the
lessor will not unreasonably withhold any approval required by the lease or by
this chapter;
(19) repealed
3/22/2008;
(20) repealed
3/22/2008;
(21) repealed
3/22/2008;
(22) provide that title
to property abandoned by the lessee on the premises automatically vests in the
state unless the property is contaminated with any hazardous substance or
rejected by the department by a written notice to the lessee or the property's
automatic vesting would violate a statute or regulation;
(23) provide that the lease is subject to all
applicable requirements of the state statutes and regulations in effect during
the term of the lease, including those relating to the leasing of lands and
facilities and the granting of privileges, at state airports;
(24) require the lessee to comply with all
applicable
(A) requirements imposed on the
airport or the department by federal law to ensure that the airport's or
department's eligibility for federal money or for participation in a federal
aviation program is not jeopardized; and
(B) orders issued by the
department;
(25) require
the lessee to pay, within 30 days of the billing date, any cost or damage that
the department incurs to enforce or protect the department's rights under the
lease or due to any failure of the lessee to comply with a provision of the
lease, including a cost to correct a violation under
17 AAC 45.430(d);
in this paragraph "cost" includes legal fees and administrative
costs;
(26) assure the lessee quiet
enjoyment of the lessee's leased premises;
(27) prohibit installation of a drinking
water well on the premises where local water utility service is available;
and
(28) require the lessee to
indemnify the lessor and its agents and employees against a loss or obligation
that arises directly or indirectly from the lessee's use or occupancy of the
premises, exercise of the privileges granted in the lease, or operations and
activity on the airport and that was not legally caused solely by one or more
acts or omissions of the lessor, in the following manner:
(A) the lessee shall indemnify, hold
harmless, and defend the lessor and its agents and employees to the full extent
of the loss or obligation;
(B)
notwithstanding (A) of this paragraph, as to any amount paid by the lessor or
the lessee to others for personal injury or property damage with respect to
which an act or omission of the lessor is a legal cause, the lessee and the
lessor shall reimburse each other, as applicable, according to the principles
of comparative fault; in addition, the lease provision will state that this
provision for reimbursement according to comparative fault is not intended to
be construed to affect the rights of any person who is not a party to the
lease.
(c) All leases, permits, and concessions are granted without specific warranties, express or implied, concerning the title or condition of the property, including survey, soils, wetlands, access, or suitability for any use, including those uses authorized by the lease, permit, or concession.
(d) In this section, unless the context otherwise requires
(1) "lease" includes
"permit" and "concession";
(2)
"lessee" includes "permittee" and "concessionaire" and each sublessee of the
lessee, permittee, or concessionaire with respect to that sublessee's
operations;
(3) "lessor" means the
department as the grantor in permits and concessions, as well as
leases;
(4) "loss or obligation"
includes any loss, fine, penalty, claim, liability, or damages sustained by,
asserted against, or imposed on the lessor, including any claim, demand,
action, judgment, or liability asserted against or imposed upon the lessor for
injury or damages sustained by a person or property.
Authority:AS 02.15.020
AS 02.15.060
AS 02.15.070
AS 02.15.090
AS 02.15.200
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