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„ . _ <br /> - - <br /> 08.'29.'97 13:31 ATTOR/JEY I.~NERAL-i~GL1LATORY DIV. H03 <br /> <br /> William W.L. Yuan, Esq. <br /> <br /> August 29, 1997 <br /> Page 2 <br /> 2. Paonvn Product and Percentage Rent. Section 2.01 on i~\' <br /> paga 8 datinaa ^Papaya Product^ and ^Percentage Rent.^ v~ <br /> Percentage Rant is based an the amount of Pnpnya Product sold <br /> and delivered to a handler or packinghouse. Howaver• Papaya <br /> Product is dalined as all irult harvested, prior to culling and <br /> processing, ragardleas of the use or Bale of each product. <br /> Thera may be a ditterenae between trait harvested and lruit <br /> sold and Aeiivered to s handler or packinghouse. xt ie our <br /> understanding that the manner in which the draft lease provides <br /> Percentage Rent is calculated is the intended manner. Ws note <br /> this iasua simply to clarify the ieaus. <br /> 3. Waste Land. Section 2.01 on page 9 defines ^Waats <br /> Land." Please clarity what ^lava land^ is with respect to <br /> excluding it from Waste Land as defined on paga 9. Is it <br /> auitabla and feasible to grow papaya on ^lava land.„ Zt not• <br /> then such land should be included as Waste Land. <br /> 4. Determination or Nat Araa: section 3.0+. The floor <br /> of 573 acres o! Nat Area is Ot concern t0 the Department o! <br /> Agriculture (^DOA^). At this point in time, it is simply not <br /> }mown what the arable acreages will ba and that acreage is not <br /> necessarily within the partiaa• control. <br /> 5. Maximum Building Arenr 4.o77a]. The aggregate area <br /> figure o! one-half acre is relatively conservative according to <br /> the DoA•s estimates. tae would suggest a figure o! <br /> three-quarters of an acre. <br /> 6. Laesee•e Reiaase~ 5.01[b] and 5.14_i~i. Please <br /> olarify whether the proposed releaas languages is intended to <br /> cover the preasnes er release of any Hnzardoue Materials <br /> occurring prior to the Tarm of the Lease (see 3.oi(b)(i) or not <br /> (sea 5.o1(b)(iii)). Release should not cover events occurring <br /> prior to the term of the lease. Zn general, rxleaass should <br /> not extend beyond the amount o! the tunda eatabliahed in the <br /> Permit. <br /> 7. Ernironmental Screening Surveys 5.01[x]. Please <br /> oontirm that the lessor will be the party paying for the ~ <br /> saxxllne Aaaaaamant. <br /> 8. Conye^ance Taxs '3.03tb1. Section 247-4, Hawaii <br /> Revised Statutes, provides that the lessor uhall pay the <br /> conveyance tax. <br /> ,...^...,~..~~.~....y...., <br /> <br />