The proposal should include . . .
| that should contain . . .
|
---|
(1) Identifying information | (i) The identity of the parties involved in the proposed exchange; and
|
| (ii) The status of their ownership of the properties in the exchange, or their ability to provide title to the properties.
|
(2) Descriptive information | A legal description of:
|
| (i) The land considered for the exchange; and
|
| (ii) The appurtenant rights proposed to be exchanged or reserved.
|
(3) Authorized use information | (i) Any authorized uses including grants, permits, easements, or leases; and
|
| (ii) Any known unauthorized uses, outstanding interests, exceptions, adverse claims, covenants, restrictions, title defects or encumbrances.
|
(4) A time schedule for completing the exchange | Expected dates of significant transactions or milestones.
|
(5) Assignment of responsibilities | Responsibilities for:
|
| (i) Performance of required actions; and
|
| (ii) Costs associated with the proposed exchange.
|
(6) Hazardous substance information | Notice of:
(i) Any known release, storage, or disposal of hazardous substances on non-Hawaiian Home Land Trust properties in the exchange;
|
| (ii) Any commitments regarding responsibility for removal or remedial actions concerning hazardous substances on non-Hawaiian Home Land Trust properties; and
|
| (iii) All terms and conditions regarding hazardous substances on non-Hawaiian Home Land Trust properties.
|
(7) Grants of permission by each party to the other | Permission to enter the properties for the purpose of conducting physical examination and studies in preparation for the exchange. Written permission to appraise the properties should also be included.
|
(8) Three statements | Details of:
|
| (i) Arrangements for relocating tenants, if there are tenants, occupying the Hawaiian Home Land Trust and non-Hawaiian Home Land Trust properties involved in the exchange;
|
| (ii) How the land exchange proposal complies with the HHCA and HHLRA; and
|
| (iii) How the documents of conveyance will be exchanged once the Secretary has approved the exchange. |