17 AAC 42.270. Sublease

(a) Unless the lease, permit, or concession expressly provides otherwise, a lessee, permittee, or concessionaire may not sublease all or a portion of a lease, permit, or concession premises without the prior written consent of the airport manager under 17 AAC 42.275. A sublease made contrary to the requirements of this section and 17 AAC 42.275 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; and

(5) three originals of the executed sublease documents with notarized signatures of the sublessee and the sublessor.

(c) Except to the extent otherwise provided in the airport manager's written consent, a sublease must provide that it is subject to all of the terms and conditions of the lease, permit, or concession governing the property being subleased.

(d) A sublessee of a lease, permit, or concession may not occupy the premises before the airport manager consents to the sublease in writing.

(e) A sublease may not and does not relieve a lessee, permittee, or concessionaire of responsibility for providing the manager with evidence of insurance that meets the requirements of the lease, permit, or concession with respect to operations on the premises, including those of the sublessee. However, if a lessee, permittee, or concessionaire subleases the entire premises under a sublease to which the airport manager has given consent and the lessee, permittee, or concessionaire requires the sublessee to provide insurance coverage that meets the requirements of the lease, permit, or concession, the manager shall accept evidence of that insurance from the sublessee if the insurance meets the requirements of the lease, permit, or concession and lists the lessee, permittee, or concessionaire as an additional insured. The manager shall notify the lessee, permittee, or concessionaire if the evidence of insurance provided by a sublessee is insufficient, incorrect, or not timely received.

(f) The consent of the airport manager under 17 AAC 42.275 is required for each sublease of all or any portion of a lease, permit, or concession, including a further sublease of a sublease for which the manager's consent has already been given.

(g) Consent to a sublease by the airport manager under 17 AAC 42.275 does not relieve or otherwise alter the obligations of the lessee, permittee, or concessionaire under the lease, permit, or concession.

(h) A lessee, permittee, or concessionaire may request that the airport manager informally review a proposed sublease before the sublease documents are executed. However, a sublease of a lease, permit, or concession is effective only if the manager consents to the sublease in writing under 17 AAC 42.275 after receiving a written request submitted under (b) of this section.

History: Eff. 1/14/2001, Register 157

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

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