HomeMy WebLinkAboutCOM 0732.000 2004-2006 +tV Os N1
Harry Kim ~ .k,~ William Takaba
51m~or - Direclor
Nancy E. Crawford
~ Depup' Uirecmr
~lt< p,'N~,i~
~ u~.~ ~ ~ 1 ~
County of Hawaii
Finance Department
2~ Aupuni Street, Room 118 • 11i1o. Hawaii 96720
1808)961-8234 Pas (808)961-8248
February 23, 2006
Stacy K. Higa, Chairperson and
Members of the Hawaii County Council
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Resolution to Negotiate Lease
The State of Hawaii Governor's Executive Order 4042, dated April 13, 2004, set aside the
property identified as TMK (3) 6-1-03:10, 11 and 14, situated in Kawaihae, to the County of
Hawaii for public recreational purposes. The County of Hawaii is agreeable with leasing
the aforementioned real property, comprised of approximately 4.670 acres, to the
Kawaihae Canoe Club, a nonprofit organization. They plan to use the area for recreational,
cultural and educational purposes relating to the perpetuation and preservation of the art of
Hawaiian outrigger canoe racing and Hawaiian koa canoes within the communities of South
Kohala, North Kohala and Hamakua.
Enclosed is a resolution authorizing the Director of Finance to negotiate a lease of real
property in Kawaihae, Tax Map Key (3) 6-1-03:10, 11, and 14 to the Kawaihae Canoe Club.
If there are any questions, please do not hesitate to call the Department of Parks &
Recreation.
~~~~/,~r
William Takaba
Director of Finance
APPROVED:
~~,Yr ~-C/xl~
Harry Kim
Mayor 1
Enc. Comm. No. ?3
Ref. To:
cc: P & R R.~, bcte, MAR 0 1 2006
~It7y'~6 ~ Hawai'i Counfy is an Equal Opportunity Provider and Employer
Form B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: Parks and Recreation DATE: 2/10/06
STAFF CONTACT: Patricia Engelhard PHONE: 961-8311
A. REQUEST:
To authorize the Director of Finance to negotiate a lease of real property for 4.67 acres in Kawaihae, South
Kohala to Kawaihae Canoe Club.
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED):
On April 13, 2004, Governor's Executive Order 4042 was executed to the County to enable the Kawaihae
Canoe Club expansion of their facilities. Kawaihae Canoe Club, anon-profit organization, desires to lease
the property described as TMK 6-1-03:10, 11 & 14 for the purpose of perpetuating and advancing the history,
culture and practices of Hawaiian canoe building, Hawaiian canoe paddling, Hawaiian sailing canoes,
Polynesian voyaging and other similar sport and recreational activities that are in the best interests of the
community.
A copy of the draft lease agreement is attached.
SIGNED: ~,~~~lQa>~ DATE: 2/10/06
Department Head
County of Hawaii is an Equal Opportunity Provider and Employer
TABLE OF CONTENTS
Lease for Kawaihae Canoe Club
PARAGRAPH PAGE
A. The Lessor Covenants and Agrees with the Lessee:
1. Quiet Enjoyment 3
2. Term 4
3. Rent 4
B. The Lessee Covenants and Agrees with the Lessor:
1. Utility Services 4
2. Covenant Against Discrimination 5
3. Sanitation 6
4. Waste and Unlawful, Improper, or Offensive Use of Premises 6
5. Compliance with Laws 6
6. Inspection of Premises 7
7. On Site Construction and Improvements 7
8. Liens 7
9. Assignments 7
10. Mortgage 8
1 1. Indemnity 8
12. Liability Insurance 9
13. Fire Insurance 9
14. Hazardous Materials 10
15. Maintenance 11
16. Written Consent Required for Repairs and Renovations 11
17. Costs of Litigation 11
18. Entry by Lessor 12
19. Contracts for Construction 12
20. Condition of Premises 13
21. Notice 13
22. Use 13
23. Property Tax 14
24. Records and Reports 14
25. Tax-Exempt, Non-Profit Status ]4
26. Personal Property 15
27. Personnel 15
28. Surrender 15
29. Non-Waiver 15
30. Hold-over 15
31. Abandonment I S
32. Destruction 16
33. Condemnation 16
34. Breach and Termination 16
35. Headings 16
36. Complete Agreement 17
37. Lessee Not an Agent of Lessor ] 7
38. Forum Selection 17
z
THIS LEASE AGREEMENT is made this day of
2006 by and between the COUNTY OF HAWAII, a municipal
corporation of the State of Hawaii, by HARRY KIM, its Mayor, whose mailing address is 25
Aupuni Street, Hilo, Hawaii 96720, and for purposes of this agreement the contact is the
DEPARTMENT OF PARKS AND RECREATION, COUNTY OF HAWAII, 101 Aupuni
Street, Suite 6, Hilo, Hawaii 96720, (hereinafter "Lessor") and KAWAIHAE CANOE CLUB, a
non-profit organization, by its President, Manny Veincent, whose mailing address is P O Box
1087, Kamuela, Hawaii 96743 (hereinafter "Lessee").
WITNESSETH:
That the Lessor does hereby lease unto the Lessee the premises described as the area in
Kawaihae, Tax Map Key No. (3) 6-1-03: 10, 11 and 14, 4.670 acres, and more particularly
described in Exhibit A and B attached hereto and made a part hereof; to have and to hold the
demised premises during the period January 1, 2006 through December 31, 2015,_pursuant to the
Governor's Executive Order No. 4042 setting aside 4.670 acres to the County of Hawaii for
public recreational purposes, executed on April 13, 2004, and subject to the continued existence
of said Executive Order. In the event Executive Order 4042 is cancelled, this lease shall
automatically terminate.
A. THE LESSOR COVENANTS AND AGREES WITH THE LESSEE:
1. Quiet Euioyment. That the Lessor hereby covenants and agrees with the Lessee that
upon the observance and performance of the covenants, terms, and conditions hereof on
the part of the Lessee to be observed and performed, the Lessee shall and may have, hold,
possess, and enjoy the demised premises for the teen hereby demised, without hindrance
or interruption by the Lessor or any other person or persons lawfully claiming by,
through, and under it, except for the Lessor's right of entry to make repairs, improvement,
3
and inspections as set forth herein and the Lessor's right to regulate parking in the turn-
around area between the end of the Kawaihae Road pavement and the Kawaihae Canoe
Club entry gate to said demised premises.
2. Term. The term of said lease shall be for a period of ten (10) years with three renewal
period options thereafter, each period being for five (5) additional years, subject to the
written approval by the Lessor, unless sooner terminated by either the Lessor or Lessee
upon thirty (30) days written notice of termination to the other party. On site
construction or improvements by Lessee at Lessee's expense shall begin prior to May 1,
2009, which is within the first four (4) years of this agreement. Lessee shall complete all
construction or improvements prior to the final expiration date of this lease. In the event
Lessee fails to begin on-site construction prior to May 1, 2009, this lease shall be
automatically terminated on May 1, 2009. In the event Lessee fails to complete all
construction or improvements prior to the final expiration of this lease, Lessee shall at its
own expense remove all construction and improvements and restore the premises to its
original condition, or Lessee shall bear all costs of the County completing the
construction or improvements, either at the sole discretion of the County.
3. Rent. The Lessee hereby covenants and agrees to pay the sum of $1.00 per year for the
term of this lease.
B. THE LESSEE COVENANTS AND AGREES WITH THE LESSOR:
1. Utility Services. That the Lessee shall pay when due, all utility charges, duties, and rates
of every description, including water, sewer, gas, electricity, refuse collection, or any
other charges, pertaining to said demised premises, or any part thereof, or any
improvements thereon.
4
2. Covenant A¢ainst Discrimination. During the performance of this lease, the Lessee
agrees as follows:
(1) The Lessee shall comply with all requirements set forth in Federal and State laws
and regulations relative to Title VI of the Civil Rights Act of ] 964, as amended, which
provide for non-discrimination in Federally assisted programs.
(2) The Lessee shall not discriminate against any employee or applicant for
employment because of race, ancestry/national origin, religion, color, disability, age,
marital status, military status, veteran's status, sexual orientation, lactation, arrest and
courC record, citizenship, or any other classification protected by state or federal law. The
Lessee shall assure that applicants are employed and that employees are treated during
employment without regard to race, ancestry/national origin, religion, color, disability,
age, mazital status, military status, veteran's status, sexual orientation, lactation, arrest and
court record, citizenship, or any other classification protected by state or federal law.
Such action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recmitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training. The Lessee agrees to
post in conspicuous places notices to be provided by the Lessor setting forth the
provisions of the nondiscrimination clause.
(3) The Lessee shall in all solicitations or advertisements for employees placed by or
on behalf of the Lessee, state that all qualified applicants shall receive consideration for
employment without regard to race, ancestry/national origin, religion, color, disability,
age, mazital status, military status, veteran's status, sexual orientation, lactation, arrest and
court record, citizenship, or any other classification protected by state or federal law.
5
(4) In the event of the Lessee's noncompliance with the nondiscrimination clauses of
this lease, this lease may be canceled or suspended in whole or in part and the Lessee may
be declared ineligible for further County contracts until such time that the Lessee by
satisfactory evidence, in good faith, ceases such discriminatory practices or procedures.
(5) The Lessor may direct the Lessee to submit a statement in writing signed by an
authorized officer, agent, or employee that the signer's practices and policies do not
discriminate on the grounds of race, ancestry/national origin, religion, color, disability,
age, marital status, military status, veteran's status, sexual orientation, lactation, arrest and
court record, citizenship, or any other classification protected by state or federal law, and
that the terms and conditions of employment under the proposed contract shall be in
accordance with the purposes and provisions stated herein.
3. Sanitation. That the Lessee shall keep the demised premises in a strictly safe, clean,
sanitary and orderly condition, in compliance with all applicable standards of the county,
state, and federal governments.
4. Waste and Unlawful, Improper, or Offensive Use of Premises. That the Lessee shall
not commit, suffer, or permit to be committed any waste, nuisance, strip, or unlawful,
improper, or offensive use of the demised premises, or any part thereof, nor, without the
prior written consent of the Lessor, cut down, remove, or destroy, or suffer to be cut
down, removed, or destroyed, any trees now growing on said premises.
5. Compliance with Laws. That the Lessee shall comply with all of the requirements of all
county, state, and federal authorities and observe all county ordinances and state and
federal statutes, pertaining to the said premises, and pertaining to the Lessee's activities,
now in force or which may hereinafrer be in force, and comply with all applicable
licensing requirements of the state and federal governments, and with all applicable
6
accreditation and other standards of quality generally acceptable in the field of Lessee's
activities.
6. Inspection of Premises. That the Lessee will permit the Lessor and its agents, at all
reasonable times during the said term, to enter the demised premises and examine the
state of repair and condition thereof, after the giving of 24 hours notice by the Lessor or
its agents, except that in case of emergency, no notice need be given for entry.
7. On Site Construction and Improvements. That the Lessee shall not at any time during
said term construct, place, or install on said premises any building, structure, or
improvement of any kind and description whatsoever, except with prior written approval
of the Lessor and upon such conditions as the Lessor may impose, unless otherwise
provided herein.
8. Liens. That the Lessee will not commit or suffer any act or neglect whereby the demised
premises or any improvements thereon or the estate of the Lessee in the same shall
become subject to any attachment, lien, charge, or encumbrance whatsoever, except as
hereinafter provided. Lessee shall be solely responsible for all expenses of removing any
attachment, lien, charge or encumbrance, and shall indemnify and hold harmless the
Lessor from and against all attachments, liens, charges, and encumbrances and all
expenses resulting therefrom.
9. Assi¢nments. That the Lessee shall not transfer, assign, or sublease the said premises or
any portion thereof, nor permit any other person to occupy or use the said premises or any
portion thereof except in furtherance of the uses expressly permitted in paragraph 22
herein and shall not transfer or assign or sublease this lease or any interest herein, either
voluntarily or by operation of law, and any transfer or assignment so made shall be null
7
and void. Lessor declares that it enters into this lease on reliance on the specific identity
of the Lessee.
10. Mort~aEe. That, except as provided herein, the Lessee shall not mortgage, hypothecate,
or pledge the said premises or any portion thereof or this lease or any interest therein
without the prior written approval of the Lessor and any such mortgage, hypothecation, or
pledge without such approval shall be null and void.
1 I. Indemnification. That the Lessee will indemnify, defend, and hold the Lessor and the
State of Hawaii harmless
(a) from and against any claim or demand by third persons for loss, liability, or damage,
including claims for property damage, personal injury, or wrongful death, arising out
of any accident on the demised premises or occasioned by any act or nuisance made
or suffered on the premises, or by any fire thereon or growing out of or caused by any
failure on the part of the Lessee to maintain the premises in a safe condition, or
arising from the Lessor's supervision, if any, of the Lessee's activities or the
premises, or arising from the Lessor's inspection, if any, of the Lessee's activities or
the premises, including any negligence in the Lessor's supervision, if any, or
inspection, if any, of the Lessee's activities or the premises, and will reimburse the
Lessor for all costs and expenses in connection with the defense of such claims;
(b) from and against all actions, suits, damages, and claims by whomsoever brought or
made by reason of the non-observance or non-performance of any of the terms,
covenants, and conditions herein or the rules, regulations, ordinances, and laws of the
federal, state, municipal, or county governments, including actions against the Lessor
brought by the Federal government for noncompliance with Federal grant
requirements caused by the Lessee's failure to comply with the terms of this lease.
s
12. Liability Insurance. That the Lessee shall procure, at its own cost and expense, and
maintain during the entire period of this lease, with an insurance company or companies
acceptable to the Lessor, a policy of comprehensive liability insurance, with minimum
amounts of $1,000,000.00 per occurrence for bodily injury and property damage, insuring
against all claims for bodily injury, death, and property damage; that said policy or
policies shall cover the entire premises, including all buildings, improvements and
grounds, and all roadways or sidewalks on the demised premises in the control or use of
the Lessee. The Lessee shall furnish the Lessor with a certificate showing such policy to
be initially in force and shall furnish a like certificate upon each renewal of such policy,
each such certificate to contain or be accompanied by an assurance of the insurer to notify
the Lessor with 30 days minimum notice, of any intention to cancel any such policy under
this lease as set forth herein or limit the amount of its liability under this lease. The
Lessee shall cause the Lessor to be named as an "additional insured" on the above-
mentioned comprehensive liability insurance policy. The policy shall have a deductible
for not more than $500.00 per claim.
13. Fire Insurance. That upon initiating construction of new improvements at the site,
Lessee shall procure, at its own expense, and maintain, during the entire period of this
lease with an insurance company or companies acceptable to the County, a policy of
insurance insuring against damage or destruction of the premises due to fire, vandalism,
or malicious mischief, in the minimum amount of $350,000.00, or such lesser amount as
determined solely by the Lessor, and a maximum deductible of $500.00. The Lessee shall
cause the County to be named as an "additional insured" on the above-mentioned damage
or destruction insurance policy. In the event new structures are appraised in the future,
9
the Lessee shall obtain at its own expense and maintain, during the period of this lease
sufficient insurance policy to reflect replacement value of these structures.
The Lessee shall furnish the County with certificate showing such policy to be initially in
force and shall furnish a like certificate upon each renewal of such policy, each such
certificate to contain or be accompanied by an assurance of the insurer to notify the
County of any intention to cancel any such policy prior to actual cancellation.
14. Hazardous Materials. Lessee shall not cause or permit the escape, disposal or release of
any hazardous materials except as permitted by law. Lessee shall not allow the storage or
use of such materials in any manner not sanctioned by law or by the highest standazds
prevailing in the industry for the storage and use of such materials, nor allow to be
brought onto the premises any such materials except to use in the ordinary course of
Lessee's business, and then only after written notice is given to the County. Consent may
be withheld at the County's sole and absolute discretion. If any lender or goverrunental
agency shall ever require testing to ascertain whether or not there has been any release of
hazardous materials by Lessee, then the Lessee shall be responsible for the reasonable
costs thereof. In addition, Lessee shall execute affidavits, representations and the like
from time to time at the County's request concerning Lessee's best knowledge and belief
regarding the presence of hazazdous materials on the premises placed or released by
Lessee.
Lessee agrees to indemnify, defend, and hold the County harmless from any damages and
claims resulting from the release of hazardous materials on the premises occurring while
Lessee is in possession, or elsewhere if caused by Lessee or persons acting under Lessee.
These covenants shall survive the expiration or earlier termination of the lease.
to
"Hazardous materials" shall mean any pollutant, toxic substance, hazardous waste,
hazardous material, hazardous substance, or oil as defined in or pursuant to the Resource
Conservation and Recovery Act, as amended, the Comprehensive Environmental
Response, Compensation, and Liability Act, as amended, the Federal Clean Water Act, or
any other federal, state or local environmental law, regulation, ordinance, rule, or by-law,
whether existing as of the date hereof, previously enforced, or subsequently enacted.
15. Maintenance. That the Lessee shall keep the premises in good repair (wear and tear
resulting from the reasonable use of the same excepted). The Lessee shall, at its own
expense, perform all necessary maintenance of the premises, including all grounds and
landscape maintenance. The Lessee shall promptly repair and correct, at its own expense,
any condition or defect in the premises which creates a risk of harm to persons or
property, or which exposes the premises to rapid deterioration in excess of normal
weathering.
16. Written Consent Required for Repairs and Renovations. That prior to commencing
any repairs or renovations, the Lessee shall notify the Lessor and secure the Lessor's
written consent, which shall not be unreasonably withheld. The Lessor may require the
Lessee to produce plans showing the work to be done. The Lessor may inspect any
repairs and renovations and require that it be done in conformance with good and
accepted construction practice and in compliance with applicable laws, codes, and
regulations.
17. Costs of Litigation. That in case the Lessor shall be made a party to any litigation
commenced by or against the Lessee (other than condemnation proceedings,) the Lessee
shall and will pay all costs and expenses incurred by or imposed on the Lessor;
furthermore, the Lessee shall and will pay all costs and expenses which may be incurred
Il
by or paid by the Lessor in enforcing the covenants and agreements of this lease, in
recovering possession of the demised premises or in the collection of delinquent rental,
taxes, and any and all other charges.
18. Entry by Lessor. That the Lessee shall permit the Lessor, its agents and invitees, or
independent contractors hired by the Lessor, to enter on the premises or any part thereof,
at all reasonable hours, for the purpose of inspecting same, including inspections related
to the services provided at the premises, or making repairs, improvements, or alterations
necessary or desirable for the safety or the preservation of the premises, upon the Lessor
or its agent giving 24 hours' notice of entry, except that in case of emergency, no notice
need be given for entry. That the Lessee shall cooperate with the Lessor to the fullest
practical extent in permitting the Lessor to make such inspections, alterations, repairs,
and improvements. That any temporary diminution in or interference with the use of the
premises to the Lessee occasioned by such inspections, alterations, repairs, and
improvements shall not be a breach of this lease, and shall not result in any liability on
the Lessor. Nothing in this paragraph shall be construed as requiring the Lessor to make
any inspections, repairs, improvements, or alterations to the premises.
19. Contracts for Construction. That the Lessee shall not make any contract for
construction, repair, renovation, or improvement on, in, of, or to the premises, or any part
thereof, or for any work to be done or materials to be furnished on or to the premises,
without first obtaining the written approval of the Lessor. The Lessor's approval may be
conditioned on the Lessee providing adequate assurance that it has the financial ability to
pay for the cost of any such contract, or to otherwise provide sufficient assurances that no
mechanic's or materialman's lien may be levied against the premises.
12
20. Condition of Premises. That the Lessee has examined and knows the condition of the
premises, that the premises are leased as they now are, that the Lessor expressly disclaims
any warranty of fitness for any particular purpose, and that the Lessor shall not be
responsible for the present or future condition thereof. The Lessor shall not be required
to perform any repairs, alterations, or improvements whatsoever during the term of this
lease.
21. Notice. That in the event of any material change in the condition of the premises,
whether through the acts or omissions of the Lessee or otherwise, or any defect
discovered in the premises, the Lessee shall immediately notify Parks and Recreation,
County of Hawaii, of the change in condition of the premises or the defect. "Material
change" includes, but is not limited to, any change, which may create a risk of harm to
users or occupants of the premises, or any change which exposes the premises to rapid
deterioration in excess of normal weathering. Nothing in the paragraph shall be
construed to imply a duty by the Lessor to remedy or repair any such changes.
22. Use. That the Lessee shall use the premises to perpetuate and advance the history, culture
and practices of Hawaiian canoe building, Hawaiian canoe paddling, Hawaiian sailing
canoes, Polynesian voyaging and other similar sports and recreational activities that are in
the best interests of the community. and in accordance with the Mission and Objectives
contained in Exhibit C. The Lessee shall seek its own grants and other forms of funding
in furtherance of these goals. The facility shall serve all members of the Kawaihae Canoe
Club and other groups and individuals as may, from time to time, share the interests and
purposes of the Kawaihae Canoe Club. Provided, however, that the Kawaihae Canoe
Club may require users of the facilities to become members of the Kawaihae Canoe Club
and/or establish terms and conditions of any such use. The lessee shall fund, construct,
13
maintain and operate any facilities constructed thereon in accordance with prevailing
building codes, laws and Rules of the County of Hawaii and State of Hawaii, and as
approved in writing by the Lessor.
23. Property Tax. That the Lessee shall pay promptly, when due, all real property taxes,
rates, assessments, impositions, duties, chazges, and fines, which shall, during the term of
this lease, be lawfully charged, assessed, imposed, become a lien upon, or become due
and payable upon or on account of each and every part and parcel of land leased by the
lessee.
24. Records and Reports. That the Lessee shall establish and maintain records of
membership and other documentation necessary to show compliance with paragraph 22
above and shall maintain and preserve all required records and documents for three years
after the expiration of the Lease Agreement. The records shall be compiled and an annual
summary report shall be submitted to the Lessor no later than thirty days after the end of
each calendaz year. All other records referred to in this paragraph shall be available for
inspection by the Lessor and its agents on reasonable notice. Failure to submit or produce
any and all records in a timely manner. as requested by Lessor, may be grounds for
termination of this lease.
25. Tax-Exemat, Non-Profit Status. That the Lessee has and shall maintain status as a tax-
exempt, non-profit organization as certified by the Internal Revenue Service. The Lessee
shall provide evidence of such certification prior to the execution of this lease. If Lessee
fails to provide such certification, this lease shall be null and void. That the Lessee has,
and shall continue to have during the lease term, bylaws or policies which describe the
manner in which business is conducted, and shall submit the same to Lessor.
to
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STATE OF HAWAII
SURVEY DIVISION
DEPT. OF ACCOUNTING AND GENERAL SERVICES
c...r. No 23.687 NoNOww February 23, 2004
PUBLIC RECREATIONAL PURPOSES SITE
Kawaihae 1st, South Kohala, Island of Hawaii, Hawaii
Being a portion of the Hawaiian Home Land of Kawaihae 1st
conveyed to the Territory of Hawaii by Exchange deed dated
December 7, 1956 and recorded in Liber 3205, Pages 339-358 (Land
Office Deed 14057) and land accreted thereto.
Beginning at the northeast corner of this parcel of ]and, the east corner
of Grant 5455 to Mutual Telephone Company, Ltd. and on the southwest side of
Kawaihae Wharf Approach, Federal Aid Project I 1-D, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "PW KAMALII 2"
being 3207.51 feet South and 3568.58 feet West, thence running by azimuths measured
clockwise from 1'I~re South:-
1. Along the southwest side of Kawaihae Wharf Approach, Federal Aid Project 11-D
on a curve to the left with a radius of
2894.79 feet, the chord azimuth and
distance being:
312° 46' 13" 114.04 feet;
2. 311 ° 38' 30" 592.01 feet along the southwest side of Kawaihae
Wharf Approach, Federal Aid
Project 11-D;
~HI8.0~ ~~A~s
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C.S.F. No. 23,687 February 23, 2004
15. 287° 11' 155.20 feet along Grant 5455 to Mutual Telephone
Company, Ltd.;
16. 219° 11' 152.24 feet along Grant 5455 to Mutual Telephone
Company, Ltd. to the point of beginning
and containing an AREA OF 4.670
ACRES, MORE OR LESS.
SURVEY DIVISION
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
STATE OF HAWAII
By
Glenn J. Kodani
Land Surveyor gm
Compiled from map and desc.
furn. by Island Survey, Inc. Said map
has been examined and checked as
to form and mathematical correctness
but not on the ground by the Survey Division.
,
1 ,
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a
~OR.y~~ Kawoihae Lighthouse Reservation
Pres. Exec. Ord. 7665
~JF' dated July 17, 1937
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PUBLIC' RECREATIONAL PURPOSES SITE
Kawaiha€~ 1st, South Kohala, Island o/ Hawaii, Hawaii
.roe x-x(oq Scale: I inch ~ 100 lest
a REDUCED NpT TO SCAL f
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nv e_r~ ,q ~r ,M SURYEY DIVISION (16® 6
DEFAR"Mf.N7 OF ACCOUNTING AND GENERAL SERVICES
45.r. N0. 21.081 J0. lbrvory 2e, t00,
Exhibit C
Kawaihae Canoe Club
The Kawaihae Canoe Club (KCC) is situated on the Kohala Coast of the Big Island on 4.67 acres
of leased land adjacent to and mauka of the Kawaihae Harbor (TMK: 6-1-003-014-0000). This
undeveloped land is bounded by the Akoni Pule Highway (Hwy 270) on the mauka side, an
intermittent streambed and undeveloped lands dominated by kiawe trees to the north, the
Kawaihae Shopping Center to the south, and the roadway, Kawaihae Harbor and shoreline on
the makai side.
This parcel, previously owned by the State of Hawaii, has been transferred to the County of
Hawaii and is under control of the Parks and Recreation Department.
KCC has been the custodian of the land for over 30 years, under a lease from the State. It has
cleared the land of dense kiawe growth incrementally to make room for rack and shed storage of
individual and team canoes, built a halau for koa canoe construction, and has created temporary,
covered open space for club meetings, gatherings, educational activities and a place to conduct
public meetings. KCC has protected the rock walls on the property that were formerly used as
cattle pens for cattle awaiting shipping out of Kawaihae and will protect and preserve other
objects or improvements having historical and cultural significance that may be found on site in
the future.
The Kawaihae Canoe Club is anon-profit 501-c-3 organization dedicated to promoting and
perpetuating the art and sport of Hawaiian canoe paddling and Hawaiian cultural practices related
to paddling. Founded in 1972 by Charles Rose, former police captain; Mike Hanohano, police
officer; Robert Lindsey, probation officer; Mrs. Elaine Flores; Mrs. Mabel Tolentino; and Manny
Veincent, club coach and former fire captain, KCC started with 2 canoes and 40 paddlers. There
are currently 225 active members of all ages, who come from the districts of South Kohala, North
Kohala, Hamakua and Hilo. Additionally, KCC has several hundred former paddlers who
comprise its extended ohana. KCC now has thirteen 6-person racing canoes, one koa canoe, 2
sailing canoes, and storage for one hundred single canoes. KCC also has two koa canoes under
construction, is providing storage for another, and is repairing one koa canoe for one of the hotels
on the island.
Kawaihae Canoe Club Purpose and Mission
By-Laws: The By-Laws of KCC provide that the organization's purpose "...shall be for
recreational, cultural and educational purposes in relation to Hawaiian activities perpetuating the
art of Hawaiian outrigger canoe rancing and the preservation of Hawaiian canoe racing and the
preservation of Hawaiian koa canoes within the communities of South Kohala, North Kohala and
Hamakua."
Mission: The mission of the KCC is to promote and perpetuate the art and sport of Hawaiian
canoe paddling and all of the Hawaiian cultural practices related to paddling (e.g. construction of
koa canoes).
i
Goals: Our goals related to this mission include serving the community through providing a
competitive training facility, providing a healthy outlet for the children of Kohala, Waimea, and
Hamakua, and, through competition, teaching young people the value of goal setting, hard work,
discipline and self confidence, improving the overall health and physical fitness of our
membership and of the community at large.
Objectives:
Secure the land used by KCC in a long-term lease.
• Provide a training base for individual and team paddlers.
Develop and provide cultural programs that will inspire and educate youth and adults about
Hawaii's canoe culture.
Provide a place for Hawaiian cultural activities related to Hawaiian canoe paddling and sailing
in order to perpetuate the Hawaiian canoe culture.
Provide facilities for events and activities related to the Hawaiian canoe culture for canoe club
members and the community at large.
Recommended Actions
This plan describes current activities of the KCC and outlines specific tasks to be undertaken by
the club in the future to implement its objectives.
This plan is intended as a 'starting point', capturing the thoughts and vision of the KCC. The plan
is a "living document" that, while guiding the decisions and actions of the club, should be flexible
to the changes in interests and priorities of the KCC.
KCC is currently in discussions with the County to secure a lease on the land that enables the
KCC to achieve its goals and, at the same time, protects and furthers the interests of the County.
Securing along-term lease will permit KCC to engage in substantial improvement of the property
at no cost to the County while benefiting the County's citizens.
KCC currently provides a training facility and canoe storage for KCC paddlers, as well as teams
from local high schools, including Honokaa, Kohala, Hawaii Preparatory Academy, and Parker
School. This site provides the only storage facilities and easy access to the ocean for these
students. KCC's membership is open to all members of the public. KCC also welcomes the use
of its facility by canoe clubs from other islands and provides them with a home base when racing
locally.
During the April to August period, KCC runs practices for adults 4 days a week at 8AM and again
at 5PM. It also has practices for the children 4 days a week at 3:30 PM. It works to provide
transportation for the kids from Waimea to Kawaihae during the summer. During the summer
there are regattas in Hilo, Kona, and Kawaihae on most weekends.
From August to November the long distance OC-6 season dominates the activities of the club.
From January to May, the OC-1 season dominates the schedule. In this way the paddling season
never ends but is continuous throughout the year.
z
All of the canoes are currently stored in the open and under the canopy of Kiawe trees for shade.
After securing this lease the club intends to make several additions and improvements. We
propose to build two halau for the storage of canoes. One would be for 6 man canoes and one
for one man canoes. The design of the structures would reflect our mission to perpetuate the
Hawaiian canoe culture and be designed to meet the physical requirements of the location (e.g.
wind, storm conditions and preservation of items of historical significance).
We also propose to replace our current "kitchen" and meeting area, which consists of 2- 20' by
30' tents, with a simple, Hawaiian, open air structure that would be more sturdy and permanent
but would meet the needs as listed above.
The existing halau utilized for canoe construction is very old and in need of major repairs. Our
intent is to build a new halau on the same location and would be open air like the current halau.
The current halau and all of the facilities at KCC have been built by the club members with a lot of
support from the community at large. Donations of time, lumber, concrete, heavy equipment
hours, etc have made everything that we have possible. The proposed new structures would be
financed and built in the same way at no cost to the County. The KCC serves the community
and when KCC has needed help from the members or from the community, it has always been
able to count on receiving that assistance.
These construction projects would be phased and would happen over a number of years. The
long term lease will permit KCC to expend such funds and efforts necessary to improve the site
and build necessary improvements.
Currently, the cultural objectives of the club are met through paddling and through working
on/assisting in the construction of koa canoes, the maintenance of koa and fiberglass canoes,
and the maintenance of our facilities. KCC believes that it is not enough to merely provide for a
place and programs to engage in recreational activities. Education as to cultural aspects of
canoe paddling along with the teaching of paddling techniques and maintenance of canoes is an
integral part of KCC activities.
The improved facilities will allow us to expand these programs.
Koa canoe building is an important component of KCC's mission to perpetuate the native
Hawaiian canoe culture. KCC has, on-site, a small ha/au dedicated to the construction of koa
canoes. Four canoes have been built so far, and two are currently under construction. This
activity exposes club members, local youth, and others to the art and science of canoe building,
providing a cultural education that is not readily available elsewhere. Experienced canoe builders
mentor youth and other club members.
The Kawaihae Canoe Club also owns two sailing canoes and participates in the racing from
Hawaii to Maui (Keokea to Hana to Kahului) as well as along the length of the island chain. This
is one more facet of the canoe culture undergoing a rebirth in many places, but particularly at
3
Kawaihae. Our ability to expand this program depends on the additional space being afforded by
this lease. Storage, maintenance, and easier access to sailing canoes will enable more people to
take advantage of the opportunity and improve the program.
The most ambitious aspect of the canoe culture and of sailing canoes is the voyaging canoe
program, represented on the Big Island by Na Kalai Wa'a Moku `O Hawaii and its sailing canoe,
"Makali'i". The Makali'i provides hands-on, comprehensive voyaging culture programs for youth
and other members of the community. It is dedicated to serving all members of the community.
Its programs include canoe construction, canoe maintenance, safety and way-finding and
foundations in cultural practices relating to voyaging and sailing. Due to similar goals and the
close physical proximity of the two programs, KCC and the Makali'i have proved to be of mutual
benefit to each other. Among other things, Makali'i assists KCC in putting on its annual races
and regattas. Assisting the Makali'i with storage space and facilities to make repairs to the
Makali'i are but two examples of the assistance KCC provides to the Makali'i. This lease would
enable the KCC to continue to provide that assistance when needed by the Makali'i program.
Annually, KCC hosts a long distance race in May. Clubs come from around this island and other
islands to compete and KCC routinely loans racing canoes to any club that needs them. At the
Lili'uokalani race in September, KCC makes also provides canoes for competitors from other
islands, the mainland, South America, and Japan. Proximity to the Kawaihae Harbor makes KCC
the logical home away from home for all of these visiting paddlers. Kawaihae Canoe Club
regularly picks up the shipped canoes from visiting canoe clubs, stores them, trailers them to the
races and generally looks after the interests of visiting canoe clubs.
The lease being sought permits us to continue this tradition of good neighborliness that has been
built over the last 30 years at KCC.
a
tE DF N, PETER T. YOUNG
LINDA LINGLE a' , L, ~ tp~t Fp~~,ry) BOARD OF VWD
NIDRNATURAL RESOURCES
GOVERNOR OF HAWAII ~ ~ ~ ~ I.„, g ~ py M
COMMISSION ON WATER RESOURCE MANAGEMENT
DAN DAVIDSON
OERUTY DIRECTOR-LAND
n sr_a 29 Pal 2~ l7
`d~ ~~a ~.~tlst ERNEST Y. W. LAU
DEPIf1Y DIRECTORY -WATER
3 1f6~.i\~tJ C: :S1.[~1'.~~~~T11-+'~ BOATING ANO OCFAN~REC~REATON
STATE OF HAWI'cA~l` ~ ~ L~ r' `1 ~ ( BUREAU DF CONVEYANCES
COMMISSION ON WATER RESOURCE MANAGEMEM
CONSERVATION AND COASTAL LANDS
DEPARTMENT OF LAND AND NATURAL RESOURCES CONSERVATION AND RESOURCES ENFQRCEMENT
ENGMEERING
FORESRtYAND Wllf%JFE
.ire ottu+T~" POST OFFICE BOX 621 wsrawe FRESERVnnoN
HONOLULU, HAWAII 96809 NAHOIXAWE IST.IND RESERVE coMMLSSION
STALE PARRS
APO 2 2 2004 ~,~5-3~
Ref. No.: EO #4042
Author: LD-HY
MEMORANDUM
TO: The Honorable Harry Kim, Mayor
County of Hawaii
FROM: Peter T. Young, Chairper
Board of Land and Natural Re ources
SUBJECT: Governor's Executive Order No. 4042 Setting Aside Public Lands; ~9~ a
Kawaihae 1st, South Kohala, Island of Hawaii; Tax Map Keys:3`d/6-1-
03:10,11,&14
Enclosed for your records is one copy of Govemor's Executive Order No. 4042
setting aside 4.670 acres to the County of Hawaii for public recreational purposes.
Issuance of Executive Order No. 4042 to the County of Hawaii enables the
Kawaihae Canoe Club to expand their facility which they are currently using for storing
of canoes and other equipment.
If there are any questions, please feel free to contact Harry Yada at (808) 974-
6203. Thank you.
Enclosure
cc: Land Board Member
Central Files
District Files
t~tricia G. Engelhard, Director, Parks & Recreation
Pete Hendricks, Deputy Managing Director
)
)
)
)
J
LAND COURT SYSTEM ) REGULAR SYSTEM
Return by Mail ( ) Pickup ( ) To:
Total Number of Pages:
Tax Map Key Nos. (3)6-1-03:10, 11 & 14
FROM: STATE OF HAWAII
BOARD OF LAND AND NATURAL RESOURCES
TO: COUNTY OF HAWAII
25 Aupuni Street
Hilo, Hawaii 96720
EXECUTIVE ORDER No. 4 0 4 2
SETTING ASIDE LAND FOR PUBLIC PURPOSES
BY THIS EXECUTIVE ORDER, I, the undersigned, Governor
of the State of Hawaii, by virtue of the authority in me vested
by Section 171-11, Hawaii Revised Statutes, and every other
authority me hereunto enabling, do hereby order that the public
land hereinafter described be, and the same is, hereby set aside
for the following public purposes:
FOR RECREATIONAL PURPOSES, to be under the control and
management of the COUNTY OF HAWAII, being that parcel of land
J,.
i
85331 1 ~ ~ a_-~~
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
P.O. 80X 821
HONOLULU, HAWA1196809