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COUNTY OF HAWA14I STATE OF HAWAI`I RESOLUTION NO. 449 26 A RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS OF LATER FISCAL YEARS TO ENTER INTO A MULTI -YEAR REVOCABLE RIGHT -OF -ENTRY AGREEMENT WITH THE TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP FOR LAND IDENTIFIED BY TAX MAP KEY NOS. (3) 4-4-002:005, 4-4- 002:006, AND 4-4-009:008, SITUATED IN THE DISTRICT OF HAMAKUA, TO BE ACCESSED AND USED BY THE DEPARTMENT OF PUBLIC WORKS. WHEREAS, Section 10-11 of the Charter of the County of Hawaii (hereinafter the "Charter") provides, in part, that "any contract, lease or other obligation requiring the payment of funds from the appropriations of a later fiscal year or of more than one fiscal year shall be made or approved by resolution"; and WHEREAS, the Trustees of the Estate of Bernice Pauahi Bishop (hereinafter the "Owner") owns the parcels of land identified as Tax Map Key Nos. (3) 4-4-002:005, 4-4- 002:006, and 4-4-009:008, situated in the District of Hamakua, Island, County, and State of Hawaii (hereinafter the "Property"); and WHEREAS, the County of Hawaii (hereinafter the "County") owns Kalopa Road, situated adjacent to the Property, and the improvements thereon, including a one -lane bridge over Waika`alulu Gulch; and WHEREAS, the County has a need to close the one -lane bridge over Waika`alulu Gulch in proximity to the Property for the purpose of making necessary repairs; and WHEREAS, in order to maintain ingress and egress for members of the public to their private property located further along Kalopa Road while the bridge is repaired, the County has a need to install, maintain, repair, and upkeep an alternate road and related improvements on the Property; and WHEREAS, the Owner is willing to permit such entry onto the Property for the purposes of alternate road access, under such terms and conditions as mutually agreed upon, including a monthly cost of $250; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that the Mayor is hereby authorized to enter into a revocable right -of -entry agreement with a term of two