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~ttl ®s y~~ <br /> ,Jd1~, <br /> COUl®TTY OF I-~AW1~.I`I ~ :b ST1~TE O~ ~-I~~1~I`I <br /> gp~~..wa,,l <br /> RESOLUTION NO. ~ <br /> RESOLUTION AUTHORIZING TIIE MAYOR TO ENTER INTO AN AGREEMENT <br /> <br /> WITH C. BREWER & COMPANY, LIMITED, A HAWAII CORPORATION, FOR THE <br /> <br /> ACCEPTANCE OF THE DONATION OF LAND WHICH ENCOMPASSES TIIE NA`ALEHU <br /> PARK AND COMMUNITY CENTER IDENTIFIED BY TMK: 3-9-5-021-023 CONSISTING OF <br /> <br /> 6.409 ACRES, TO TIIE COUNTY OF IIAWAI`I AS FINAL COMPENSATION TOWARDS C. <br /> <br /> BREWER ~i COMPANY, LIMITED'S SHARE OF THE COST OF FINANCING THIS <br /> <br /> PROJECT AS OUTLINED BELOW AND IN GRATITUDE TO THE COUNTY OF HAWAII <br /> <br /> FOR TIIE ASSUMPTION AND IMPLEMENTATION OF THE PROPOSED NA`ALEHU AND <br /> <br /> PAIIALA WASTEWATER SEWER SYSTEMS, WITH NO FURTHER LIABILITY OR <br /> <br /> RESPONSIBILITY FOR TIIE SYSTEMS BY C. BREWER & COMPANY, LIMITED. <br /> WHEREAS, Federal regulations promulgated by the United States Environmental Protection <br /> <br /> Agency require that large capacity cesspools (gang cesspools) be eliminated by April 5, 2005; and <br /> WHEREAS, portions of the Na`alehu and Pahala communities are served by community sewers <br /> <br /> that utilize large capacity cesspools; and <br /> WHEREAS, the existing community sewers in Na`alehu and Pahala are currently owned and <br /> maintained by C. Brewer & Company, Limited, a Hawaii corporation; and <br /> WHEREAS, C. Brewer & Company, Limited, will not be able to own and manage the existing <br /> <br /> community sewer systems since the company will be going out of business in the near future; and <br /> WHEREAS, the County has the authority to own and operate community sewer systems, and is <br /> <br /> willing and able to accept improved community sewer systems in Na`alehu and Pahala. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TIIE COUNTY OF <br /> <br /> HAWAII that it authorizes the Mayor of the County of Hawai` i to enter into an agreement with C. <br /> Brewer & Company, Limited, in addition to the provisions of Resolution No. 72-05, that would legally <br /> bind the parties to the following: <br /> 1. C. Brewer & Company, Limited will donate the land identified by Tax Map Key <br /> 3-9-5-0 21-023, consisting of 6.409 acres, to the County for the recreational activities of <br /> the surrounding communities and for the purpose of assisting in financing the cost of <br /> installing house sewer lateral connections and other Na`alehu and Pahala water system <br /> requirements. <br /> 2. C. Brewer & Company, Limited will place funds in the approximate amount of $280,000 <br /> in an escrow account for the purpose of assisting in financing of the costs of installing <br /> house sewer lateral connections to the proposed new sewer systems in Na`alehu and Pahala. <br /> <br />