General Lease Conditions

General lease conditions that must be conformed with include:

A certificate of comprehensive liability insurance to be maintained throughout the term of the lease with coverage in an amount to be determined by the Hawaii Board of Agriculture, subject to periodic review and adjustment at intervals specified in the lease. The certificate of insurance shall name the Hawaii Department of Agriculture as an additional insure and shall require a 30-day notice to the Department of any policy change or cancellation.

A performance bond to be maintained throughout the term of the lease in an amount equal to two times the annual base rental; provided that the bond requirement may be waived by the administrator upon satisfactory evidence of substantial compliance; provided further that the Department may reinstate the waived bond at any time.

The lessee shall utilize the Agricultural Park lot only for the purposes specified in the lease, in accordance with a plan of development and utilization which , in the cases of original lessees of the Agricultural Park lots, shall be submitted for the administrator’s approval prior to the issuance of the lease. The lessee shall not modify or deviate from the plan without approval of the Department and any unapproved modification or deviation from the plan may be cause for the termination of the lease.

All construction on the Agricultural Park lot shall be in accordance with plans approved by the administrator and shall be in accordance with all applicable Federal, State, and County laws, ordinances, and rules, including but not limited to laws regarding environmental quality control.

Any transferee, assignee, or sublessee of an Agricultural Park lease shall first qualify as an applicant. No lease or any interest therein, including corporate stock or interest in a partnership or association, shall be transferred or assigned without the consent of the Hawaii Board of Agriculture, except upon the further condition that is allowed by these rules.