COM 0758.001 2004-2006 - Laserfiche WebLink

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WHEREAS, C. Brewer owns certain improved and unimproved real property in Ka`u and North Hilo, including (a) recreational properties comprised of the 6.409 acre TMK (3)9-5- 021-023 Nd'dlehu Community Park with all improvements and the 4.825 acre TMK (3)2-6-013- 025 Kaiwiki Ball Park (collectively, the "Recreational Properties") and (b) two solid waste transfer stations consisting of 1.404 acres in Papa`ikou and Honomu, TMK parcels (3)2-7-028- 052 and (3)2-8-015-023 as well as real property identified as TMK parcels (3)9-5-024-011 (approximately 0.238 acre) and (3)9-6-002-024 (approximately .410 acre) (collectively, the "Wastewater Properties"); and WHEREAS, C. Brewer wishes to dispose of the Sewer Systems they own, Recreational Properties, Solid Waste and the Wastewater Properties, and all liabilities, contingent and otherwise, in an orderly fashion in furtherance of its "plan of liquidation"; and WHEREAS, the County has the authority to own and operate community sewer systems, and is willing and able to construct and maintain, and accepts the new improved community sewer systems in Na`alehu and Pahala that meet Federal regulations. 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, in addition to the provisions of Resolution No. 72-05, that would legally bind the parties to the following: 1. The County will: (a) Be responsible for constructing and maintaining the new improved community sewer systems "Project" in Nd'dlehu and Pahala that meet Federal Regulations. " This shall include all remaining items of testing, evaluation, design and preparation of construction plans and specifications, preparation of the EPA grant and Project approval applications; construction of a sewer lateral to each property specified on the construction plans and all other costs and expenses whatsoever to complete the Project. (b) Agree to accept the parcels described in 2(b), and 2(c), via quitclaim deed and accept these parcels on an AS-IS basis. (c) Own and operate the new sewer systems in Na`alehu and Pahala. 2. C. Brewer will expend, donate or sell to the County the following having a total value of over $2,160,000: (a) Pursuant to C. Brewer's agreement in Resolution 72-05, C. Brewer will expend a total of $350,000 to upgrade the sewer system, of which $85,000 has been spent to date. The balance of $265,000 will be placed in escrow pursuant to section 2(b of this resolution. 2