NOTICE OF SALE

PUBLIC AUCTION SALE OF ONE (1) STATE OF HAWAII LEASE ON THE ISLAND OF OAHU, HAWAII The Department of Land and Natural Resources ("DLNR"), Division of Boating & Ocean Recreation, Property Management, will be conducting a public auction sale of 1-lease for State submerged land at the following date and location:
DATE & TIME: Tuesday, May 16, 2023, at 10:00AM (HST). PLACE: 4 Sand Island Access Rd, Hon, HI 96819. The above date, time, and/or place of auction are subject to change by DLNR. LOCATION: Submerged land in Kaneohe Bay, Kaneohe, Oahu, Hawaii, shown & described on C.S.F. Map No. 25906, 10/8/21. TAX MAP KEY: Makai of (1) 4-4-022:032. LAND AREA: Approx. 3.361 Acres. PERMITTED USES: For recreational boat pier purposes. Live aboard on vessels shall not be permitted. LEASE TERM: 55-Yrs. COMMENCEMENT DATE: No more than 30 calendar days from the date DLNR transmits the lease to the successful bidder for execution; the commencement date shall be the 1st day of the month. The Chairperson may amend the commencement date for good cause. UPSET MINIMUM ANNUAL BASE RENT: The higher of $161,200/Yr. paid monthly, or 5% of gross receipts, paid quarterly. MINIMUM ANNUAL BASE RENT: 20 yrs. of known rent with 10% increases to the annual base rent years 6, 11 & 16. Yrs. 1-5 the higher of $161,200/Yr. or 5% of gross receipts (GR), Yrs. 6-10 the higher of $177,320/Yr. or 5% of GR, Yrs. 11-15 the higher of $195,052/Yr. or 5% of GR, Yrs. 16-20 the higher of $214,557.20/Yr. or 5% of GR, Yrs. 21-30, 31-40, 41-50 & 51-55 Appraised Fair Market Rent. PERFORMANCE BOND: Equal to 2x the annual rent. The lease shall not be issued until the Performance Bond or equivalent is provided. IMPROVEMENT BOND: Equal to the value of improvements, if any, & in no event shall the amount be less than $10,000,000.00. ENCUMBRANCES: Refer to the draft lease & exhibits for encumbrances to the lease, including but not limited to existing easements. APPLICATION & BIDDING INFORMATION: Bidders must 1st qualify to bid under the general qualifying criteria & pre-qualifying criteria described in the Public Auction Bid Packet. Eligibility shall be determined from bidders Application & Qualification Questionnaire.
Applications by prospective bidders for the above listed lease must be received by DLNR no later than; Wednesday, April 19, 2023, 4:00 PM (HST) at any one of the District Offices listed below. Applicants shall submit one (1) original and three (3) copies of the Application (including copies of all required attachments). Any person who has failed to submit the completed Application and all required attachments (and required copies) by this date and time will not be allowed to bid. Each Applicant shall be informed in writing in advance of the auction date as to the Applicant’s eligibility to bid at the public auction. See Bid Packet for further instructions.
The Bid Packet describes the auction sale procedures, bidder qualifications and other requirements, and contains the Application form, memorandum of lease, draft lease document (including survey map and descriptions of the subject premises), and other relevant information. The Bid Packet may be examined at any of the District Offices listed below or downloaded from the DLNR website at www.hawaii.gov/dlnr/dobor/dobor-pm. Any person requiring special accommodation or information in an alternate format is asked to contact the Division of Boating and Ocean Recreation at (808) 587-1964.
Administrative Office: 4 Sand Island Access Rd, Hon, HI 96813, T:(808) 587-1965
Oahu District Office: 4 Sand Island Access Rd, Hon, HI 96813, T:(808) 832-3520
Maui District Office: 101 Maalaea Harbor Rd, Wailuku, HI 96793, T:(808) 243-5824
Hawai’i District Office: Honokohau Small Boat Harbor, 74-380 Kealakehe Pkwy, Kailua-Kona, HI 96740-2704, T:(808) 327-3690
Kauai District Office: 2494 Niumalu Rd, Lihue, HI 96766, T: (808) 241-3111
Prospective bidders are responsible to thoroughly read and understand the covenants, terms, reservations, and conditions contained in the Bid Packet and draft lease document. The premises are to be leased in an “as is” where is, with all faults and defects, whether latent or patent, condition, and prospective bidders are solely responsible to complete their own due diligence.
All bidders or authorized representatives must be present in person at the auction. DLNR reserves the right to cancel the public auction, to postpone or change the date of the public auction or any other deadlines, to reject any and all Applications or request the submittal of additional information, and to waive any defects when, in the opinion of the Chairperson, such action will be in the best interest of the State.
DONE at the office of the Department of Land and Natural Resources, State of Hawaii on March 17, 2023.
BOARD OF LAND AND NATURAL RESOURCES
By: /s/ Dawn N. S. Chang
Dawn N. S. Chang, Chairperson
(SA1408154 3/28, 3/29, 3/30/23)