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RES 157 Draft 01 2012-2014
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RES 157 Draft 01 2012-2014
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Entry Properties
Last modified
9/19/2013 10:31:05 AM
Creation date
8/5/2013 10:08:52 AM
Metadata
Fields
Template:
Bill/Resolution
Bill/Resolution - Type
RES
Bill/Resolution - Council Term
2012-2014
Bill/Resolution
157
Draft
01
Introducer
Valerie T. Poindexter, Council Member
Referred To
FC
Action 1
FC-082: Recommends adoption of Res. 157-13 - 8/20/13
Action 2
Council: Adopts Res. 157-13 & FC-82 - 09/05/13
Status
Adopted
Date To Mayor or Adoption Date
9/5/2013
Reading Number
1
Reading Date
9/5/2013
Ayes
9-Eoff;Ford;Ilagan;Kanuha;Kern;Onishi;Poindexter;Wille;Yoshimoto
Noes
0
Absent
0
Excused
0
Document Relationships
AGE COUNCIL 2013/09/05 2012-2014
(Related)
Path:
\Council Records\Agendas\2012-2014\Council
AGE FC 2013/08/20 2012-2014
(Related)
Path:
\Council Records\Agendas\2012-2014\Finance Committee (FC)
COM 0371.000 2012-2014
(Related To)
Path:
\Council Records\Communications\2012-2014
REP FC 082 08/20/2013 (2012-2014)
(Related)
Path:
\Council Records\Reports\2012-2014\Finance Committee (FC)
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19 . Lessor' s lien. The Lessor shall have a lien on <br /> all the buildings and improvements placed on the premises by the <br /> Lessee, on all property kept or used on the premises, whether the <br /> same is exempt from execution or not and on the rents of all <br /> improvements and buildings located on the premises for all <br /> Lessor' s costs, attorney' s fees, rent reserved, for all taxes and <br /> assessments paid by the Lessor on behalf of the Lessee, and for <br /> the payment of all money provided in this lease to be paid by the <br /> Lessee, and this lien shall continue until the amounts due are <br /> paid. <br /> 20 . Mortgage . Except as provided in this lease, the <br /> Lessee shall not mortgage, hypothecate, or pledge the premises, <br /> any portion, or any interest in this lease without the prior <br /> written approval of the Director and any mortgage, hypothecation, <br /> or pledge without the approval shall be null and void. <br /> Upon due application and with the written consent of <br /> the Director, the Lessee may mortgage this lease, or any <br /> interest, or create a security interest in the leasehold of the <br /> public land. If the mortgage or security interest is to a <br /> recognized lending institution in either the State of Hawaii or <br /> elsewhere in the United States, the consent may extend to <br /> foreclosure and sale of Lessee ' s interest at the foreclosure to <br /> any purchaser, including the mortgagee, without regard to whether <br /> or not the purchaser is qualified to lease, own, or otherwise <br /> acquire and hold the land or any interest . The interest of the <br /> mortgagee or holder shall be freely assignable . The term <br /> "holder" shall include an insurer or guarantor of the obligation <br /> or condition of the mortgage, including the Department of Housing <br /> and Urban Development through the Federal Housing Administration, <br /> the Federal National Mortgage Association, the Veterans <br /> Administration, the Small Business Administration, Farmers Home <br /> Administration, or any other Federal agency and their respective <br /> successors and assigns or any lending institution authorized to <br /> do business in the State of Hawaii or elsewhere in the United <br /> States; provided, that the consent to mortgage to a <br /> non-governmental holder shall not confer any greater rights or <br /> powers in the holder than those which would be required by any of <br /> these Federal agencies . <br /> 21 . Breach. Time is of the essence in this agreement . <br /> If the Lessee shall fail to pay the rent, or any part thereof, at <br /> the times and in the manner provided in this lease and this <br /> failure shall continue for a period of more than thirty (30) days <br /> after delivery by the Lessor of a written notice of breach or <br /> default and demand for cure, by personal service, registered mail <br /> or certified mail to the Lessee and to each holder of record <br /> 7 <br />
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