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(b) The Recreational Properties: The Na`alehu Community Park, TMK (3)9-5-021-023,
<br /> consisting of 6.409 acres with all improvements. The parties agree that the Na`alehu
<br /> Community Park has an appraised value of $1,200,000. C. Brewer will sell the Park
<br /> to the County for $1,200,000 and immediately place the $1,200,000 in escrow for C.
<br /> Brewer's use for the cost of installing house sewer lateral connections to the new
<br /> sewer systems. C. Brewer will donate any remaining balance of the funds in escrow
<br /> to the County. C. Brewer will also donate to the County all of its rights title and
<br /> interest in and to the Kaiwiki Ball Park, together with all liabilities associated
<br /> therewith. The parties agree that this parcel is valued at $400,000.
<br /> (c) The Wastewater Properties: Sewer treatment plant site Parcels of Land: TMK (3)9-5-
<br /> 024-011 (approximately 0.238 acre), and TMK (3)9-6-002-024 (approximately 0.410
<br /> acre). C. Brewer and the County agree that these two parcels are valued at $60,000.
<br /> Two solid waste transfer stations consisting of 1.404 acres in Papa`ikoq TMK (3)2-7-
<br /> 028-052, and Honomn, TMK (3)2-8-015-023. The parties agree that these two parcels
<br /> are valued at $150,000. The parties agree that these four parcels are to be donated by
<br /> C. Brewer to the County.
<br /> 3. On the date when C. Brewer completes its obligations listed in paragraph 2 above, C.
<br /> Brewer will execute a Bill of Sale granting its assets and liabilities in the Na`alehu and
<br /> Pahala sewer systems to the County of Hawaii. From the date of the Bill of Sale, the
<br /> County of Hawaii will be the owner of the Na`alehu and Pahala sewer systems, and will
<br /> indemnify C. Brewer, its officers and directors and shareholders from any and all
<br /> liability, costs, and expenses (including attorney's fees) resulting from any claim,
<br /> demand, suit, action, or cause of action which may be asserted or initiated by anyone
<br /> (including but not limited to the EPA) arising directly or indirectly out of the ownership,
<br /> maintenance, of construction of the Na`alehu andJor Pahala sewer systems, and to defend
<br /> C. Brewer, its directors, officers and shareholders against any said claim, demand, suit,
<br /> action or cause of action.
<br /> BE IT FURTHER RESOLVED that, in accordance with Article XIII, Section 13-12 of
<br /> the Hawaii County Charter, the County of Hawaii, through its Department of Parks and
<br /> Recreation and Department of Environmental Management, is authorized to accept the donation
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<br /> of land from C. Brewer and Company, Limited, all as set forth above.
<br /> BE IT FURTHER RESOLVED that, in accordance with Article XIII, Section 13-13 of
<br />
<br /> the Hawai' i County Charter, the County of Hawaii, through its Mayor, is authorized to enter
<br />
<br /> into an agreement to purchase the Na`alehu Community Park land from C. Brewer and
<br /> Company, Limited, all as set forth above.
<br /> BE IT FURTHER RESOLVED that it is the intent of the County of Hawaii to use the
<br /> land purchased from and donated by C. Brewer and Company, Limited for the recreational and
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<br /> waste removal purposes of the surrounding communities.
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