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COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 108 05 (Draft 2) RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH C. BREWER & COMPANY, LIMITED, A HAWAII CORPORATION, FOR THE ACCEPTANCE OF THE DONATION OF LAND WHICH ENCOMPASSES THE NA`ALEHU PARK AND COMMUNITY CENTER IDENTIFIED BY TMK: 3-9-5-021-023 CONSISTING OF 6.409 ACRES, TO THE COUNTY OF HAWAII AS FINAL COMPENSATION TOWARDS C. BREWER & COMPANY, LIMITED'S SHARE OF THE COST OF FINANCING THIS PROJECT AS OUTLINED BELOW AND IN GRATITUDE TO THE COUNTY OF HAWAII FOR THE ASSUMPTION AND IMPLEMENTATION OF THE PROPOSED NA`ALEHU AND PAHALA WASTEWATER SEWER SYSTEMS, WITH NO FURTHER LIABILITY OR RESPONSIBILITY FOR THE SYSTEMS BY C. BREWER & COMPANY, LIMITED. WHEREAS, Federal regulations promulgated by the United States Environmental Protection Agency require that large capacity cesspools (gang cesspools) be eliminated by April 5, 2005; and WHEREAS, portions of the Na`alehu and Pahala communities are served by community sewers that utilize large capacity cesspools; and WHEREAS, the existing community sewers in Na`alehu and Pahala are currently owned and maintained by C. Brewer & Company, Limited, a Hawaii corporation; and WHEREAS, C. Brewer & Company, Limited, will not be able to own and manage the existing community sewer systems since the company will be going out of business in the near future; and WHEREAS, the County has the authority to own and operate community sewer systems, and is willing and able to accept improved community sewer systems in Na`alehu and Pahala. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it authorizes the Mayor of the County of Hawaii to enter into an agreement with C. Brewer & Company, Limited, in addition to the provisions of Resolution No. 72-05, that would legally bind the parties to the following: C. Brewer & Company, Limited will donate the land identified by Tax Map Key 3-9-5-021-023, consisting of' 6.409 acres, to the County for the recreational activities of the surrounding communities and for the purpose of assisting in financing the cost of installing house sewer lateral connections and other Na`alehu and Pahala water system requirements. 2. C. Brewer & Company, Limited will place funds in the approximate amount of $280.000 in an escrow account for the purpose of assisting in financing of the costs of installing house sewer lateral connections to the proposed new sewer systems in Na`alehu and Pahala.