2003-11-07 TRUTTER - Laserfiche WebLink

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MCCALL:Okay. Thank you. SPRINGER:Mrs. Kubota? KUBOTA:A last one. Number 12 of the SMA application, I guess, i Condition No. 12, on page 16, Mr. Eadie. I shouldnÓt be asking this, I should be asking Planning Director this, or maybe I should ask Norman. But heÓs going to refer it to you, I guess, so IÓll ask you. I go back to this exclusive easement or lease, free of charge to operate and maintain a golf course and golf safety zone and residents beach facility. My question to you is why would the County do that? Six-three acres? Real property tax, I mean, you know, and Mr. Eadie touched on it. He said they thought it was a better way, but itÓs a convoluted way. Why is the County doing this because the mainess with, if the County owns the land, donÓt you have an obligation to maintain it? YUEN:No. KUBOTA:What about the liability factors? YUEN:The way the law, first of all, the way this is structured i acres becomes public property. When itÓs public property, itÓs there forever. Sixty-three acres would be encumbered by a lease or easement for the private operator to operate a golf course. Golf courses are not necessarily forever. But as long as they want to operate a golf course they can operate a golf course. But the government owns, the County or another government entity -. It seems like it would be the County will own the land. As far as the maintenance and liability responsibilities, if someone, maintenance and liability go with the party that controls the property. So if the government, if they have an exclusive easement over certain areas, they will be liable for those areas and theyÓll be responsible to maintain those areas, theyÓll be responsible to maintain the golf course, and they will be liable for any accidents that occur on the golf course. KUBOTA:Exclusively? The County could be named as parties, so could they not as landowners? YUEN:The County can always be named as a party. To give you an example, the State leases out property in the Kanoelehua Industrial area. If you trip in, say, somebody doesnÓt maintain the parking lot, the lessee does not maintain the parking lot, they have a puka in the parking lot, somebody trips and they break their leg. They can sue both the State and lessee; but the lessee, not the State, is liable. Somebody can, people can always name you in a suit but the person with the control of the property is liable. And, in this case, the private operator will have exclusive control over the, over a set area which includes the golf course and the golf safety zones; and this will all be mapped out by metes and bounds. As far as taxes, the taxation is the same because there is a provision in the County Tax Code for a government property under lease or easement, and itÓs taxed to the person that 13