Bill Text: HI HB2021 | 2010 | Regular Session | Introduced
Bill Title: Public Lands Leases; Hotel and Resort Uses
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-20 - (H) Referred to WLO/TCI, FIN, referral sheet 2 [HB2021 Detail]
Download: Hawaii-2010-HB2021-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2021 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§171- Hotel and resort leases; extension of term. (a) Notwithstanding section 171-36, the board may extend the rental period of a lease of public lands for hotel or resort use upon the approval by the board of a development agreement proposed by the lessee or the lessee and developer to make substantial improvements to the demised premises.
(b) Prior to entering into a development agreement, the lessee or the lessee and developer shall submit to the board the plans and specifications for the total development being proposed. The board shall review the plans and specifications and determine:
(1) That the development proposed in the development agreement are of sufficient worth and value to justify the extension of the lease;
(2) The estimated period of time to complete the improvements and expected date of completion of the improvements; and
(3) The minimum revised annual rent based on the fair market value of the land as determined by an appraiser for the board of the lands to be developed and percentage rent where gross receipts exceed a certain level.
No lease extension shall be approved until the board and the lessee or the lessee and developer mutually agree to the terms and conditions of the development agreement.
(c) No construction shall commence until the lessee or the lessee and developer has filed with the board a good and sufficient bond conditioned upon the full and faithful performance of all the terms and conditions of the development agreement.
(d) The extension of the lease pursuant to this section shall be based upon the substantial improvements made and shall be for a period not longer than fifty-five years.
(e) As used in this section, "substantial improvements" means any renovation, rehabilitation, reconstruction, or construction of the demised premises, including minimum requirements for off-site and on-site improvements, the cost of which equals or exceeds fifty per cent of the market value of the demised premises that the lessee or the lessee and developer must install, construct, and complete by the date of completion of the total development."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on upon approval, and shall be repealed on December 31, 2015.
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INTRODUCED BY: |
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Report Title:
Public Lands Leases; Hotel and Resort Uses
Description:
Allows the board of land and natural resources to extend a public land lease for hotel or resort use up to 55 years if the board enters into a development agreement with the lessee for substantial improvements to the premises.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
