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gr N COUNTY OF HAWAII '.'�� .`' ' ): STATE OF HAWAII 'ATE OF•NF,J RESOLUTION NO. 239 9 2_ RESOLUTION ACCEPTING THE DONATION OF THE PROPERTY CURRENTLY OCCUPIED BY BANK OF HAWAII'S KOHALA BRANCH,BEING TAX MAP KEYS: (3)5-4- 005-002 AND (3)5-4-005-003,SITUATED AT KAPA'AU,DISTRICT OF NORTH KOHALA, COUNTY AND STATE OF HAWAII,FROM BANK OF HAWAII BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, Bank of Hawaii("Bank"), is the owner of the property, situated at 54-3888 Akoni Pule Highway, Kapa'au, in the District of North Kohala, County and State of Hawaii, specifically identified as Tax Map Keys: (3)5-4-005-002 being approximately 5,851 square feet and(3)5-4-005-003, being approximately 14,125 square feet more particularly described in Exhibit"1"and delineated on Exhibit"2"attached hereto and hereinafter collectively referred to as "Parcel"; and WHEREAS, Bank has agreed to convey the Parcel to the County of Hawai`i in fee simple, as-is and where-is,without warranty or representation,with a reservation that the existing automated teller machine("ATM")and night depository("Night Depository") located on the Parcel remain in place and accessible for use by its customers and that Bank shall have a right of entry to the Parcel in order to maintain and service the ATM and Night Depository; and WHEREAS, allowing the ATM and Night Depository remain in active use will benefit the general public and businesses of the Kapa'au area; and WHEREAS,the County Department of Parks and Recreation and the Office of Aging will be using this Property for community based programs of these departments; and WHEREAS,to the best of Bank's knowledge,the Parcel is presently Americans with Disabilities Act compliant; and WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter and Article 30 of the Hawai`i County Code provide that the council may accept gifts, which include the donations of land and improvements thereon, on behalf of the County of Hawaii; now,therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII,that in accordance with Article XIII, Section 13-12 of the Hawaii County Charter and Article 30 of the Hawai`i County Code,the County of Hawai`i accepts the Parcel, situated at 54-3888 Akoni Pule Highway, Kapa'au, in the District of North Kohala, County and State of Hawai`i, specifically identified as Tax Map Keys: (3)5-4-005-002 and(3)5-4-005-003, more particularly described and delineated on Exhibit"2" attached hereto, including all improvements thereon, as-is and where-is, for public purposes.