Haw. Code R. § 4-158-22 - Negotiation
(a) A lease of non-agricultural park lands
may be disposed of through negotiation upon a finding by the board that the
public interest demands the disposition as provided by section
171-18,
HRS.
(b) After a determination is
made, to negotiate the disposition of a lease, the administrator shall:
(1) Give public notice in accordance with the
procedure set forth in section 4-158-30(d), of the department's intention to
lease non-agricultural park lands through negotiation, setting forth the
minimum conditions thereunder, and the uses for which the land will be leased.
Any person interested in securing the lease shall file an application with the
administrator not later than forty-five days after the first publication of the
notice.
(2) Determine the
applicants who meet the criteria for selection set by the board and notify all
applicants of the administrator's determination. Any applicant may examine the
basis of the determination, which shall be in writing, to ascertain whether or
not the conditions and criteria established by the board were followed;
provided that if any applicant does not notify the administrator of the
applicant's objections, and the grounds therefor, in writing, within twenty
days of the receipt of the notice, the applicant shall be barred from
proceeding to seek legal remedy for any alleged failure of the department to
follow the conditions and criteria.
(c) If only one applicant meets the criteria
for selection of the lessee, the board may, after notice as provided in
subsection (b)(2), dispose of the lease by negotiation.
(d) If two or more applicants meet the
criteria for the selection of the lessee, the board shall select the lessee who
submits the highest offer contained in a sealed bid deposited with the
administrator.
(e) Disposition of
non-agricultural park lands set aside for common use or for the processing of
agricultural products may be negotiated without regard to the limitations set
forth in this section and section 4-158-29; provided that the disposition
encourages competition within the agricultural processing industry and shall
not exceed a maximum term of thirty-five years.
(f) The lease shall be issued when conditions
of the award of lease are fulfilled.
Notes
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