HomeMy WebLinkAboutRES 360 Draft 01 2020-2022 3
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COUNTY OF HAWAII STATE OF HAFAIII
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.RESOLUTION NO. 360 22
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A RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS OF A LATER FISCAL
YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL
PROPERTY FOR THE COUNTY OF HAWAII DEPARTMENT OF PARKS AND
RECREATION IDENTIFIED AS TAX MAP KEY NO. (3) 9-5-014:060 IN KA`U, HAWAII.
WHEREAS, Section 10-11 of the County Charter requires that any contract, lease or other
obligation requiring payment of funds from the appropriations of a later fiscal year or of more than one
fiscal year be approved by resolution; and
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WHEREAS, the Department of Parks and Recreation ("Parks") currently leases Tax Map Key
No. (3) 9-5-014:060 ("Subject Parcel"), owned by Hdmakua Land and Cattle, LLC ("Landlord"), as
access to Whittington Beach Park and for public park purposes including, but not limited to picnicking,
parking, permitted camping and community events; and
WHEREAS, Parks desires to continue the use of the Subject Parcel for access and public park
purposes for the benefit of the public and has obtained approval by the landowner to enter into a ten
(10) year Ground Lease with First Right to Purchase Agreement commencing January 1, 2022, and
extending through and ending December 31, 2031, for the initial yearly rent amount of$61,948 with a
compounding increase of three percent (3%) per year plus general excise tax; and
WHEREAS, Parks is requesting authorization for the Mayor to enter into a multi-year lease
agreement with Landlord for the Subject Parcel; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
Honorable Mitchell Roth, Mayor of the County of Hawai`i, is hereby authorized to enter into a multi-
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year lease with Landlord, for a ten (10) year period commencing January 1, 2022, and extending
through and ending December 31, 2031.
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BE IT FURTHER RESOLVED that sufficient funds be budgeted in future fiscal years to
cover the anticipated obligations of the County under the terms of this lease.
BE IT FINALLY RESOLVED that County Clerk shall transmit a copy of this resolution to:
(1) Mayor Mitchell Roth; (2) Department of Finance; (3) County of Hawai`i Parks and Recreation; (4)
J Yoshimoto, Assistant Corporation Counsel, and (5) Hdmakua Land and Cattle, LLC, PO Box 166,
Hakalau, HI 96710.
Dated at Kona , Hawai`i, this 20th day of April , 20 22
INTRODUCED BY:
COUNCIL M:MBER, CO i,NTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOl'E
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted b the COUNCIL of the KANEALII-KLEINFELDER
County of Hawaii on April 20, 2y022 X
KIERKIEWICZ X
KIMBALL X
AT 1 EST. LEE LOY X
VILLEGAS X
RICHARDS X
9 0 0 0
Amitydliks-
4111001./' '`r , 01
' i/� Reference: C-703/FC-131
LERK CHA PERSON&PRE r OFFICER RESOLUTION NO. 360 22