The director may award contracts to lease or rent property on terms, conditions, and rentals approved by the corporation counsel as to form and legality without calling for public bids, when:
(1) Eminent domain. Real property or improvements thereon, or both, have been acquired by the city by eminent domain proceedings, or by negotiated purchase or exchange in lieu thereof, and where immediate use of the property acquired is not necessary. In that case, the property shall be rented on a month-to-month tenancy for up to one year. Upon recommendation of the director, the council may, by resolution, annually approve successive continuations of a month-to-month tenancy, each for up to one year. If the director determines there to be extraordinary circumstances, the director may recommend, and the council may, by adoption of a single resolution, approve a continuation of a month-to-month tenancy for up to four years. Each month-to-month tenancy approved pursuant to this paragraph shall be revocable at the option of the city upon 30 days’ written notice to vacate. In lieu of obtaining council approval under the previous terms of this subdivision (1), the director may lease or rent such property by public bidding for a period in excess of one year, pursuant to this chapter;
(2) Employee of the City and County of Honolulu or the State of Hawaii. Real property and improvements thereon are leased or rented to employees of the city or the State. The property shall be leased or rented only under the following conditions:
(A) The party or parties to whom the property is leased or rented must be and continue to be an employee of the city or the State during the term of the demise; and
(B) The leasing or renting of the property to the employee must be related to the employee’s employment;
(3) Thirty-day period or less. Real property or improvements thereon, or both, are leased for a period not to exceed 30 days. No extension of such lease shall be permitted without calling for public bids;
(4) Tourist activities without charge. Enterprises, shows, or activities presented without charge primarily for the promotion of the tourist industry in and for the city, regardless of which person, association, or company sponsors such enterprise, show, or activity; provided that such lessee or tenant does not sell merchandise on the premises, directly or indirectly, or engage in any business promotionals or advertising, whether oral, by printed matter, signs, displays, or electronic devices;
(5) Neal S. Blaisdell Center or the Tom Moffatt Waikiki Shell. The rental is for the use of facilities for the purpose of holding any event or attraction at the Neal S. Blaisdell Center or the Tom Moffatt Waikiki Shell in accordance with Articles 6 through 9;
(6) City employee organizations. Real property or office spaces, or both, that are leased or rented to any federal credit union of city employees or employees of city affiliate groups or organizations;
(7) Eleemosynary corporations. Real property or improvements thereon, or both, are leased or rented to any eleemosynary corporation, society, or organization formed for the prevention of cruelty to animals, and which is authorized and empowered by law to seize and impound stray dogs running at large;
(8) Government employment training programs. Real property or improvements thereon, or both, are leased or rented to any nonprofit organization primarily engaged in employment training programs sponsored by the federal, State, or city government;
(9) Accessory uses. Real property is leased or rented to contractors who are awarded city construction contracts for use as a field office and storage of equipment and supplies. Rental shall be at the fair market rental and shall be limited to the duration of the construction contract only;
(10) Governmental subdivisions. Real property and improvements thereon are leased or rented for the use of any political or governmental subdivision of the federal, State, or county governments;
(11) Private developer. Real property and improvements thereon are leased or rented to a private developer as described in § 38-3.3;
(12) Housing and human services providers. Real property or improvements thereon, or both, are leased to a provider of housing and human services as prescribed in § 38-3.4; or
(13) Telecommunications facilities. City property is leased for use as telecommunications facilities under Article 12.
(Sec. 30-3.1, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 28, Art. 3, § 28-3.1) (Am. Ords. 90-14, 92-95, 04-33, 05-020, 06-45)