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HomeMy WebLinkAboutRES 360 Draft 01 2020-2022A 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 HAWAIʻI DEPARTMENT OF PARKS AND RECREATION IDENTIFIED AS TAX MAP KEY NO. (3) 9-5-014:060 IN KA‘Ū, HAWAIʻI. 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 WHEREAS, the Department of Parks and Recreation (“Parks”) currently leases Tax Map Key No. (3) 9-5-014:060 (“Subject Parcel”), owned by Hāmākua 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 HAWAI‘I that the Honorable Mitchell Roth, Mayor of the County of Hawai‘i, is hereby authorized to enter into a multi-year lease with Landlord, for a ten (10) year period commencing January 1, 2022, and extending through and ending December 31, 2031. 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 Hawaiʻi Parks and Recreation; (4) J Yoshimoto, Assistant Corporation Counsel, and (5) Hāmākua Land and Cattle, LLC, PO Box 166, Hakalau, HI 96710. Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___. INTRODUCED BY: _______________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I COUNTY COUNCIL County of Hawai‘i Hilo, Hawai‘i ROLL CALL VOTE    AYES NOES ABS EX   CHUNG       DAVID       I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai‘i on _____________________________________. INABA       KANEALII-KLEINFELDER       KIERKIEWICZ       KIMBALL      ATTEST: LEE LOY       VILLEGAS       RICHARDS              Reference:  COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.