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HomeMy WebLinkAboutCOM 0436.020 1998-2000 ~w y • ~ ~ - ALAN S. KONISHI ; ~ ' - ~''DOI~AILD IKEDA R.w.M'. County Clerk '99 OCT 27cc~pn~~~RlerKIRN _ _ Le_gis(ative Auditor OFFICE OF THE CO LINTY CLERK ~ ~ ~ ~ f'~ ,,OUiJ il' Ur FiG;~~J,'~II County ofHawari Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96710 October 27, 1999 TO: Al Konishi County Clerk FROM: Connie Kiri~ Legislative Auditor RE: Resolution No. 140-99, Draft 4 East Hawaii Cultural Council This is to transmit Resolution No. 140-99, Draft 4 relating to the East Hawaii Cultural Council's lease with the County of Hawaii. Draft 4 includes amendments made at the Council's meeting of October 27, 1999, which included: 1. Adding the goal of the East Hawaii Cultural Council in the third `Whereas.' 2. Deleting "Honorable Stephen K. Yamashiro from the fourth `Resolved' and adding "following its approval by the Council as noted herein" at the end of the sentence. 3. Adding the Mayor and the Director of Finance to the transmittal list. Att. 2cs . /°109 9, a. ~ N0. X36 , ata FSIe No. F ~ N Ref. Toer~~~ c o v r~ c~ L Ref. Date ~ 2 ~ ~ COUNTY OF HAWAII F . STATE OF HAWAII 5 is"'#Mr t RESOLUTION NO. 140 99 (DRAFT 4) A RESOLUTION DIRECTING THE DIRECTOR OF FINANCE TO NEGOTIATE THE DISPOSITION OF THE EAST HAWAII CULTURAL CENTER BY LEASING IT TO THE EAST HAWAII CULTURAL COUNCIL WITHOUT THE REQUIREMENT OF NOTICE AND APPRAISAL, PURSUANT TO HAWAII COUNTY CODE §2-120. WHEREAS, the County is the owner of the East Hawaii Cultural Center, located at 141 Kalakaua Street, Hilo, Hawaii, identified by Tax Mep Key 2-3-6:4; and WHEREAS, the East Hawaii Cultural Council, hereinafter referred to as "EHCC", is a non-profit corporation registered in the State of Hawaii; and WHEREAS, EHCC is desirous of obtaining a long-term lease of the East Hawaii Cultural Center to conduct its programs, activities, events, and classes andto further its goal of promoting abroad-based appreciation of the cultural and the arts in the community; and WHEREAS, §2-120 of the Hawaii County Code requires that the Finance Director be authorized by a resolution approved by a majority of the members of the County Council to negotiate leases to non-profit organizations at such rentals and on such terms and conditions as deemed proper without the requirement of notice and appraisal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Director of Finance is hereby directed to negotiate a lease of the East Hawaii Cultural Center, located at 141 Kalakaua Street, Hilo, Hawaii (Tax Map Key No. 2-3-6:4), to the East Hawaii Cultural Council that includes a 20-year lease term at $1.00 per year rent without the requirement of notice and appraisal. BE IT FURTHER RESOLVED that the negotiated lease shall be submitted by resolution to the Hawaii County Council within thirty (30) days from the date of adoption of this resolution for the Council's review and approval. BE IT FURTHER RESOLVED that said lease agreement shall be reviewed by the County Council every four years and may be terminated by the County only upon an affirmative finding by atwo-thirds majority of the County Council that the goals and objectives of the program are not being met based upon the review. BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is hereby authorized to execute said lease agreement on behalf of the County of Hawaii following its approval by the Council as noted herein. ' BE IT FINALLY RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to the Mayor of the County of Hawaii, the Director of Finance, Department of Pazks and Recreation of the County of Hawaii and the East Hawaii Cultural Council. Dated at Hilo, Hawaii this 27th day of October , 1999. IN UCED BY: e COUNCIL MEMBER, CO TY F HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX H110, HaWal l ARAKAKI CHUNG I hereby certify that the foregoing RESOLUTION was by ELARIONOFF the vote indicated to the right hereof adopted by the COUNCIL of the JACOBSON County of Hawaii on October 27 1999 LEITHEAD-TODD ATTEST: PISICCHIO g SMITH TYLER YAGONG g C-436.020 Reference: COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 1,4© ~9 (DRAFT 4)