The department shall not enter into any special facility lease unless the department at or prior to the entering into of the special facility lease finds and determines that:

(1) The building, structure, or facility that is to be the subject of the special facility lease will not be used to provide services, commodities, supplies, or facilities that are then adequately being made available through the airports system of the State;
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Terms Used In Hawaii Revised Statutes 261-53

  • Department: means the department of transportation. See Hawaii Revised Statutes 261-1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(2) The result of the use or occupancy of the building, structure, or facility under the special facility lease would not result in the reduction of the revenues derived from the airports system to an amount below the amount required to be derived therefrom by section 39-61; and
(3) The entering into of the special facility lease would not be in violation of or result in a breach of any covenant contained in any resolution or certificate authorizing any bonds of the State then outstanding.

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