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HomeMy WebLinkAboutCOM 0436.014 1998-2000 10%1199 11:28 FdS 8089818822 CORP COCtVSEL CTY CLERK 0 001 FAX TRANSMISSION ~ ~ ; COUNTYOFHAWAlt a~9 Q~'T ly A~ ~ OFFICE OF THECOtePOrtAnOfr000N5EL 1_ 18 101 AVPtllrt STnLR. Sur*L 72S _ FtItA, f{?weW D4720 te00lpe1{231 ~L%L'nl; l~ ~Ji-~I-!!I~A If fazr (e01+1 061-0622 ~ DATE: 10, f4. TO: NUiys~Y FAX a: -SgIZ FROM: dE ~a1E Tno+mitted berewlth bare: Gb51 ~nWllll CIIUUIC.aI. ~t<.tJ1~ l,~sE~ Cotnroeut,: Page{+)~ hr~ ~ lodudinQ Ib4 Cover Sheet. If you do NOT receh'e all the pa`e~, plwe ~11L at (808) 96l-8251. THANK YOU. CONFIDS'tvrl A LIT1'• This documcN is inlcndod only o(the personal and confidential use of the person named above and may be a privilegod and coot dental morney-client communication. If you arc not the person named ebo,e, NOTIC£ 15 F¢REBT G1VEN that you arc strictly prohibited from reading, revia~ing, disseminating and/or copying this document. Please all the office listed at the lop of this document immediuely ifyou have raeived this locum cot in error and please rewrn it to the address listed at the top of this document by U.S. Postal Service at our tspense. Thank you. x{36. of Comm. No• F / N FRIe No• ut- gef. Tot Presented c,oJN Raf. Date-r1~4 10;1J%99 11:28 F.iS 8089818822 CORP CUPVSEL CT] CLERK ~ 002 RECORDATION REQUESTED BY: EAST FIAWAII CULTURAL COUNCIL 7HE ORIGINAL OF THE DOCtIMEN7 AFTER RECORDATION, UAN T0: RECORDED AS FOLLOWS: 67ATE OP IIAU'All - EAS VAI CULTURAL COUNCIL OYFICIi OP Post offs Box 131z BUREAU OF CONVEYANCE: Hilo, Ha aii 720 . Rwek.d (ot lemrd IhII ~JB..E.}.L'„}.~ any s! , A.n/,/F q_._ • H o'Un y1r=~1 en•• RETDRN HY: mail „m,e,d m uu„ ~'I_~ 0o r,F., , p ,r L E A S E THIS INDtNTURE OF LEASE, made as of the ~~day of 1980, Dy and between tho COUNTY OF _ HAWAII, a municipal corporation of the State of Hawaii, with its principal place of business and post office address at Count}' Building, 25 Aupuni Street, Hilo, Hawaii 96720, hereinaftor called the "LoSSOr," and EAST HAWAII CULTURAL COUNCIL, a Hawaii non-profit corporation, whose post office address is p. o. Bo:c 1312, Hila, Hawaii 96720, hereinafter called the "Lessee;" lvitnesse L-h: 1. Demi6C. The Le960C, in Wn9lderatlon Of the rCnt hereinafter reserved and of the covenan to herein contained and on the part of the Lessee to be observed end performed, and upon and subject to the terms and conditions heroinafter set forth, does hereby demise and let unto the Lessee and the Lessee does hereby lease from the Lossor for the purpose of developing an £ast Hawaii Art End cultural Center in Hilo, Island and County of iiawaii, to preservo and dovolop the cultural, creativo, and traditional arts of L•ho various echoic gtoupo ChaC rnaY.e up tha popuiAtion eP E2st !l~wa11 and_ to stimulate community intcres t, involvement, and Support of 10%14199 11:28 FdS 8089618822 CORP COL-SSEL CTY CLERK 0 003 ' ~ ~ ~ ~ -arts and culture in East Hawaii--music, dance, drama, visual and communications arts, environmental arts, and the skilled crafts. The premises, programs, and activities shall be - made availalile to all who find enjoyment in the arts in accordance with the requirements of Title VI of the Civil - Rights Act of 1964 and the Rehabilitation Act of 1973, as amended. All of that real property located at 141 Kalakaua Street,Hilo, Hawaii, as identified by Tax Map Key 2-3-6:q ' (see "Exhibit A" attached hereto and incorporated herein by reference). TO HAVE AHD TO HOLD the same, together with all imptove- ments,frights, easements, privileges, and appurtenances thereon or thereunto belonging yr appertaining or held and enjoyed therewith unto the Lessee for the teen hereinafter set forth. 2. Term. The term of said lease shall be for a period of twenty (20) years, from the data of execution of this , instrument, provided that the lease may be terminated at any " time by agreement between the Lessor and the Lessee; provided fucthcr, that the Lessor may terminate the lease upon ninety (90) days' written notice to the Lessee where it is dete rinined that the Lessee has failed to perform according to~the terms, conditions, provisions, covenants, and agreements contained in said lease or the terms and conditions of any grant of federal or state funds. After the twenty,(20{ year term and unless otherwise provided for, the term shall be ' from year~~to year until terminated by either the Lessor or the Leesee1giving to the other at least ninety (90) days' written noJJticc of the intention to terminate this lease, said extended term and .any holdover period to be subject to ~ • 2. 10.11.99 11:28 F:11 8089818822 CORP COL'S SEL CT1 CLERK ~ 001 • all other terms, conditions, provisions, covenants, and agreements contained in 6a1d 1¢ase. Nothing herein shall prevent the 5ndersignad parties from mutually modifying this . ~ agreement in writing before the expiration of the twenty (20) year period if such modification is desirable for funding or other purposes. Rent. The Lessee hereby covenants and agrees to pay the sum of ONE DOLL7IR ($1.00) per y¢aI foY the term Df the lease. 4. Annual R~OLt. The Le66¢¢ covenants and agrees to provide an annual fiscal and program report to the Lessor the first month of each calendar year. 5. Profits. While the purpose of the ]1rt and Cultural Con ter is to provide a service to the community, all profits dezived from the activities will be utilized for program improvement. 6. Quiet Enjoyment. Lessor hereby covenants and agrees with the Lessee that upon payment of the rent as aforesaid and upon observance and performance of the covenants _ by the Lessee herein contained, Lessee shall peaceably hold and enjoy the demised premises for the tezm hereby demised • without hindrance or interruption by the Lessor or any person or persons lawfully or equitably claiming by, through, - or under it except as herein expraasly provided. 7. Lessee's Cov¢nanta.: The Lessee, in consideration of the premises, hereby covenants and agrees with the Lessor • as follows - (a) That the Lessee shall pay pzomptly, when due, all real property taxes, retea, assessments, impcsitiona, duties, charges, and other outgoings of every nature and kind 3. 1013;99 11:26 FA.I" 8089818622 CORP COUNSEL CTT CLERK ~ 005 whatsoever, including all utility charges such as wator, gas, and electricity, which shall, during the term of this - lease, be lawfully charged, assessed, imposed, become a lien . upon, or become due and payable upon or on account of Bach and every part and parcel of land leased by the Lessee; provided, however, that where such taxes, rates, assessments, impositions, duties, charges, or other outgoings may be paid in installments, the Lessee shall pay only those installments, together with interest included therein or payable thereon, in respect of periods which fall wholly within tho term of this leases and a proportionate part of any installment in respect of a period only a portion of which falls within the term of this leans. ' (b) That Lessee shall, at its own expense during the whole nE said term, reconstruct the interior and maintain . and repair the demised premisea~in'accordance with United States Department of International standards and Guidelines for historic .preservation and any other applicable federal, • state, and county law and regulation. (c) That prior to conanencemont of any modifications, a sufficient bond be obtained io insure eomplstion o! the work which has been contracted.) (d) That Lessee, to the extent permitted by law,.6ha11: (1) Indemnify and hold Lessor harmless from and against: L/' all claims and demands for lose or damage, including property damage, personal injury, and wrongful death, • occasioned wholly or 1n part by the actaor omisaione of Lessee, guests, patrons, or parsons admlttod to the premises by Le9aee and arising cut o£ er in connection with the use or occupanry of said premises by Lessee or 4. ' 10;11%99 11:28 FdS 8089618822 CORP COL'\SEL CTY CLERK ~ 006 - - any other person under Lessee, yr any accident er fire on said promises, or any nuisance made or suffered thereon, or any failure by Lessee to keep . - said promises in a safe condition; and (2) hold all equipment, machinery, and other property whatsoever vn said premises at the sole risk of Lessee and, to the extent permitted by law, save Lessor harmless from any loss or damage thereto by any cause whatsoever. (g) That Lessee shall procure and maintain burglary and fire alarm systems and any insurance as Se appropriate for its activities at the center, including, but not limited to: (1) comprehensive general liability insurance, under which the Lessor is a named insured and which has a minumum coverage OP ONE HUNDRED THOUSAND AND NO/l00 DOLLARS (5100,000.00) per occurrence for property damage and of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS (5500,000.00) per person up to an aggregate of-ONE MILLION AND NO/100 DOLLARS 151,000,000.x0) per vccurrenea for bodily injuryr ' and (2) fire insurance. which has a minimum coverage egual L•v the actual Dash value of the entire premises'at present plus the actual cash value of any and all future Yenovations and improvements mado to the premises. (f) That Lossce shall at all times during said term kaap said premises in a clean and sanitary condition and - observe and perform all laws, ordinances, talcs, and regulations 5. 10.1L99 11:28 FdS 8089818822 CORP COCiSSEL CTl' CLERK 001 ~ ~.1 ~ now or hereafter made by any governmental. authority for the time being applicable to said premises or any improvement thereon or use thereof, and all recorded protective covenants - ~ and restrictions affecting said premises, and to the extent permitted by lava, will indemnify Lessor against all aptionb, suits, damages, claims, and liabilities to parsons or property by whomsoever brought or made by reason of the non-observance or non-performance~of said laws, ordinances, rules, and regulations or of this covenant. . (g) That Leases shall permit Lessor or its agents at all reasonable times during the term of this lease and any _ renewal, thereof to enter said premises and examine the state of repairs and condition thereof. Lessor shall provide Lessee with written notice of any repairs required to be performed by the provisions of this lease by Lessee. Within ninety (90) days of such notice .or such other reasonable lima as may be specified within said notice, Lessee will repair and make good at its own expense all defects required by the provisions of this lease to be repaired by Lessee. 4 (h) That Lessee shall not assign or sublease its interest in this lease,"Sn whole or any part, without the ' prior written consent of Lessor, which consent shall not be withhold unreasonably. ( (i) That Lessee will not at any time make or suffer any strip or waste or unlawful, improper, illegal, or offensive 1 uae oP said premises. (j) That upon the expiration of the farm hereby demised or any extension thereof or upon sooner torn+ination thereof ac in this lease provided, the Lassse shall peaoeably and G. 10.11%99 11:28 FA.I' 8089818822 CORP COL'SSEL CTY CLERK f~008 r ~ ' quietly leave and surrender and deliver up to the Lessor possession of the demised premises with nll its lmpsovements. (k) That Lessee Shall not eau60 to be built any addi- . - tional structure Or building on the demised premises without the prior written approval of. the Lessor. (1) That in case the Lessor shall, without any fault on its part, be made a party to any 1ltigation commenced by or against said Lessee (other than condemnation proceedings), the Lessee, if found at fault, shall and will pay all costs and reasonable attorney's fees incurred by or imposed upon the Lessor by or in connection with'eueh litigation. B.! General Conditions. The Lessor and the Lessee ' hereby mutually covenant and agree, each with the other, as follows: (a) In the event the whole or any portion of the premises hereby demised shall ba taken or condemned by any / duly cons titutad authority other than Lessor, the Lessee shall peaceably surrender and deliver up to the Lessor ' possession of the premises so taken or condemned, and all compensation and damages payable on account of such taking or condemnation shall be payable to and be the sole property oP the Lessor. (b) That all notices to be given under the terms hereof shall be in writing and shall be given by actual delivery or by mailing the same, postage prepaid, ceztified mall, to Lessee at P. 0. Box 1312, Hilo, Hawaii 9672D, and Lessor at 25 Aupuni Strout, Hilo, Hawaii 96720; provided, that in the event o! any change in address, the relocating party shall notify the ocher of each change wiehin a reasonabla time. 7. l0;1a-99 11:28 F.4S 8089818822 CORP COU\SEL CTI CLERK ~ 009 . ~ • / l._ (cI That if the Lessee shall at any-time in the future abandon or Pail t0 use the described pramiaee and improvements ' for an Art artd Cultural Center as des cxibad herein, then the • rights herein granted and the obligations herein imposed shall thereupon terminate, ae Yo such parcol or parcels of land, without any action on the part of the Lessor. (d) This lease constitutes the entire agreement between Lessor and Lessee.. No torn, provision, or condition of this lease may be altered, amended, ar added except upon the execution of a written agreement in the soma manner as this lease agreement. • (e) In case of any doubt as to the interpretation of ` any provision herein, the interpretation by the Office of the Corporation Counsel shall control. (f) in addition, the parties hereto agree that the Director of Finance aha11 have the sole power to decide and resolve matters not covered herein. - ' (g) That the covenants and conditions herein eoneained • shall apply to and hind the successors, legal representatives, end assigns of the parties hereto. ' IT 15 EXPRESSLY AGREED AND DECLARED that Yha acceptance • of rent by the Lessor shall not be deemed to ba a waiver by it of any breach by the Lessee of any covenant herein~~that the term "premises," wherever it appears herein, Sncludes improvements new or at any time hereafter built on said land hereby demisedi and that the term "Lessor" shall include the • Loasor, its successors and permitted assigns. 8. i 10/14/99 11:26 FAX 8089618622 CORP COUNSEL a1. CTI' CLERK ..Z010 IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year first above written. • COUNTY OF HAWA I It- Mayor ./ LESSOR EAST HAWAII CULTURAL COUNCIL. ( -Its-Chairman LESSEE APPROVED AS TO FORM AND LEGALITY; 7 •eputy Corporation ci nsel County of Hawaii Or Date: 7 Nov, ,1O • • • 9'.