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BLNR—RFQ/RFP for Uncle Page 2 December 13,2019 <br /> Billy's Lease <br /> County of Hawaii CZO: Hotel and Resort (V-.75) <br /> The parcel is also located within the Special Management Area and tsunami inundation <br /> zone. <br /> TRUST LAND STATUS: <br /> Section 5(b) lands of the Hawaii Admission Act <br /> DHHL 30% entitlement lands pursuant to the Hawaii State Constitution: NO <br /> CURRENT USE STATUS: <br /> Under Revocable Permit No. S-7905 to Tower Development, Inc. for security and <br /> property management purposes. <br /> PROPERTY CHARACTERISTICS: <br /> Utilities—Electricity, water and sewer <br /> Elevation—Approximately three to eleven feet above sea level <br /> Legal access to property—Staff has verified that there is legal access to the property from <br /> Banyan Drive. <br /> Subdivision—Staff has verified that the subject property consists of four legally <br /> subdivided lots. However, existing structures cross lot lines. <br /> Encumbrances—Staff has verified that the following encumbrances exist on the property: <br /> Revocable Permit No. S-7905 to Tower Development, Inc. for security and <br /> property management purposes. <br /> STATUTORY AUTHORITY: <br /> HRS §171-59(a) provides that a lease of public land may be disposed of through <br /> negotiation upon a finding by the Board of Land and Natural Resources (Board) that the <br /> public interest demands it and provides a process under which the Board may select the <br /> lessee. <br /> The process requires that public notice of the disposition be given, that applications be <br /> solicited from prospective lessees, and that the Board evaluate the applications <br /> according to criteria established by the Board and determine which applicants meet the <br /> criteria. If only one applicant meets the criteria, the Board may dispose of the lease by <br /> negotiation. If two or more applicants meet the criteria, the Board shall select the lessee <br /> who submits the highest offer contained in a sealed bid deposited with the Board. <br /> Relevant excerpts of HRS §171-59(a) are attached as Exhibit B. <br />