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Home My WebLink AboutCOM 0469.005 1998-2000 fV ~~y ~u(. ALAN S. KONISHI DONALD IKEDA Coun[v Clerk ~ Ueputy County Clerk ry CONSTANCE R. KIRIU Legislative Auditor OFFICE OF THE COUNTY CLERK County of Hawaii Hawaii County Building 15 Aupuni Stree! Hilo, Hawaii 96720 cU co t7 C c_' N C..7 November 17, 1999 0 c-~ o TO: Alan S. Konishi County Clerk FROM: Connie Kiriu t t-~ Legislative Auditor RE: Resolution No. 152-99, Draft 2 License to the Hawaii Shima Japanese Immigrant Museum This is to transmit Resolution No. 152-99, Draft 2, which was the result of an amendment made at the Council meeting on November 17, 1999. Specifically, the amendment refers to the fact that the Museum will provide liability insurance coverage including naming the county as an additional insured. Att. Comm. No. ~ / . ~~s File No. A ~M Ref, To: ?~~tM CO u nl ct t_ Ref. Date ~ 1 7 198'8 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO.'?-52 99 (Draft 2) RESOLUTION AUTHORIZING THE GRANTING OF A LICENSE TO THE HAWAII SHIMA JAPANESE IMMIGRANT MUSEUM AT ONE PAUAHI PLACE, TAX MAP KEY NO.(3)2-2-05:033. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, the Hawaii Shima Japanese Immigrant Museum has lost its permanent location and is seazching for a new location for its exhibits and artifacts; and WHEREAS, a secure and stable site is needed to store, catalogue and exhibit the collection dedicated to the Japanese immigrants; and WHEREAS, the administration has reached a tentative agreement to give Mr. Kiyoshi Okubo, curator of the museum, a license fora 5,000 square foot area of One Pauahi Place, as shown on Exhibit "A"; WHEREAS, the Hawaii Shima Japanese Immigrant Museum will provide liability insurance coverage, including naming the County of Hawaii as an additional insured; and WHEREAS, sections 2-111 and 2-119, Hawaii County Code, provides that the Council may by resolution approved by a majority of its members, direct the finance director, after consultation with the chief engineer, to issue licenses through negotiations for a period not to exceed one year, provided that the finance director may allow the license to continue for additional one-yeaz periods on a month-to-month basis. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the finance director, after consulting with the chief engineer, may issue a license to the Hawaii Shima Japanese Immigrant Museum under the terms and conditions set forth in the license agreement set forth in Exhibit "A" for a period of one year from the date of issuance, and that license may continue for four additional one year periods on a month-to-month basis. BE IT FURTHER RESOLVED that copies of this resolution be sent to Mayor Stephen K. Yamashiro, Mr. Kiyoshi Okubo, Finance Director Harry A. Takahashi and Chief Engineer Robert Yanabu. DATED: Hilo, Hawaii, INTRODUCED BY: COUNCIL MEMBER, CO TY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS E}C H110, Hawaii 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 LEITHEAD-TODD ATTEST: PISICCHIO SMITH TYLER YAGONG COUNTY CLERK CHAIRMAN & PRESIDING OFFICER Reference: C-469.005 RESOLUTION NO. S2 99 (DRAFT 2) EXHIBIT "A" ~I ~ %•n• aY t- - - - - - - -t- o° ~ ~ I ~~~t I , ~ I ~ ~~e I ~ I ~ I ~ z s E ~ s„ $ tl ~ ~ ~ ~ ~ ~ w .n A a LL L-'3% c7 N J~ N ~ ~ G g Q_. \ ~ LLS ~ r J ~ ~ ~ O < ~ mo.'s T Z < p yn"i iti . P EFOW ~ ~ a Q c J ~~~-~i ^ _ c c ~ ~ LICENSE AGREEMENT FOR HAWAII SHIMA JAPANESE IMMIGRANT MUSEUM THIS AGREEMENT made this day of , 1999, between HAWAII SHIMA JAPANESE IMMIGRANT MUSEUM, whose principal place of business and mailing address is 636 Kilauea Avenue, Hilo, Hawaii 96720, herein called "Licensee," and the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, herein called "Licensor." In consideration of the mutual promises herein contained, the parties agree as follows: 1. Grant of license description of premises. Licensor hereby grants to Licensee a license to occupy and use, subject to all of the terms and conditions hereof, the following described premises: 5,000 square feet of the former J.C. Penney building as depicted on Exhibit "A" attached hereto. 2. Limitation to described numose. The premises may be occupied and used by Licensee solely for displaying museum exhibits and storing artifacts, and for incidental purposes related hereto during the period beginning upon notification by Licensor, and continuing for a period of one yeaz and to continue for four additional one-year periods on a month-to-month basis. 3. Revolving exhibit. Licensee shall provide a revolving exhibit for viewing by the public. 4. Delivery of notices. Any notice mailed, addressed to Licensee at 636 Kilauea Avenue, Hilo, Hawaii 96720, or delivered to Licensee, shall be notice hereunder by Licensor. Any notice mailed or delivered to 25 Aupuni Street, Hilo, Hawaii 96720, shall be notice by Licensee hereunder, unless and until Licensor shall designate a different representative or address. 5. Conditions of premises not warzanted. Licensor does not warrant or represent that the premises aze safe, healthful, or suitable for the purposes for which they aze permitted to be used under the terms of this license. 6. Liability Insurance. Licensee shall procure liability insurance and name the Licensor as an additional insured. 7. Indemnification of Licensor. Licensee shall indernnify Licensor for any and all liability for personal injuries, property damage, or for loss of life or property resulting from, or in any way connected with, the condition or use of the premises covered by the license, or any means of ingress thereto or egress therefrom, except liability for personal injuries, property damages, or loss of life or property caused solely by the negligence of Licensor. -1- 8. Termination. This agreement shall continue in force unless or until terminated by mutual agreement of the parties hereto. Thereupon this agreement shall absolutely end. 9. Licensee has no interest or estate. Licensee agrees that it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the premises, by virtue of this license or its occupancy or use hereunder. 10. Non-discrimination. Pursuant to Executive Order No. 100, County of Hawaii, dated April 5, 1997: During the performance of this agreement, the Licensee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin; likewise, for treatment of the employee during his employment. Notice setting forth the provisions of the non-discrimination clause, furnished by the County of Hawaii, shall be posted in conspicuous places by the Licensee. Non-compliance may lead to cancellation or suspension of this agreement or declazation of ineligibility on future agreements. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the day and year first above written. HAWAII SHIMA JAPANESE IMMIGRANT MUSEUM By Its By Its COUNTY OF HAWAII By STEPHEN K. YAMASHIRO Its Mayor APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii -2- STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 1999, before me appeared and , to me personally known, who, being by me duly sworn, did say that they are the and of HAWAII SHIMA JAPANESE IMMIGRANT MUSEUM, a nonprofit organization; that the organization has no seal; that said instrument was signed in behalf of said organization by authority of its Board of Directors; and that said and acknowledged said instrument to be the free act and deed of said nonprofit organization. Signature Print or Type Name Notary Public, State of Hawaii My Commission Expires: -3- STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 1999, before me personally appeazed STEPHEN K YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of the said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said County of Hawaii. Signature Print or Type Name Notary Public, State of Hawaii My Commission Expires: -4- 0 f EXHIBIT "A" ~~i E 3 il~~ ~ ~ FO i I ~ I ~~~i I ~ ~ ~ ~ ~ z~~a I ~ ~I I ~ I s 1 J O ~ E ~ ~ $ ~ ~ ~ ~ N s ~ ~'3< ~ ~ 8 Q=_ \ K ~ LLl ~ r ~ ~ ~ ' ~ < sk ..,;.a ~ ~ z ~F~ W .A ~ ,~YLz O ~ c f ~ f