HomeMy WebLinkAboutRES 196 Draft 01 2022-2024 COUNTY OF HAWAII STATE OF HAWAIII
RESOLUTION NO. 196 23
A RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS OF A LATER FISCAL
YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LICENSE
AGREEMENT OF REAL PROPERTY FOR THE COUNTY OF HAWAII
DEPARTMENT OF PARKS AND RECREATION WITH EDMUND C. OLS ON TRUST,
OWNER OF TAX MAP KEY NO. (3) 2-6-008:026 IN HILO,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
WHEREAS, the Edmund C. Olson Trust is the owner of TMK (3) 2-6-008:026
(hereinafter referred to as "Property"); and
WHEREAS, pursuant to State of Hawai'i Executive Order No. 3508, the County has
management and control over that certain parcel of land situated at PuVeo South Hilo, Island
and County of Hawaii, State of Hawaii, identified as Tax Map Key (3) 2-6-007:027, and
operates Clem Akina Park and the PuVeo Community Center on land immediately adjacent to
the Property; and
WHEREAS, the County historically operated, maintained and managed a portion of the
Property (hereinafter referred to as "Premises") for public park purposes as an extension of its
Clem Akina Park,through various forms of agreements with prior owners of the Property; and
WHEREAS, the Property has been observed to consistently harbor a population of feral
pigs and the Premises has sustained considerable damage to its manicured lawn grasses due to
consistently recurring actions of said feral pigs; and
WHEREAS,the County desires a License Agreement to access and use the Premises and
to install a system of perimeter fencing on the Premises at no expense to the Owner; and
WHEREAS, the installation of the fence serves a public purpose by protecting the
health, safety, and welfare of the public through restricting access of feral pigs and other wild
animals to the Premises and the adjacent Clem Akina Park; and
WHEREAS, the County of Hawaii Department of Parks and Recreation desires to
continue the use of the Premises for public park purposes as an extension of the County's Clem
Akina Park and for the purposes of installing a fence. The License Agreement will commence
on August 1, 2023, and extend through and ending July 31, 2033, for the yearly fee amount of
ONE DOLLAR($1.00) per year; and
WHEREAS,the County of Hawai`i Department of Parks and Recreation is requesting
authorization for the Mayor to enter into a multi-year License Agreement with Edmund C. Olson
Trust for the Premises; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
Honorable Mitchell D. Roth, Mayor of the County of Hawai`i, is hereby authorized to enter into
a multi-year License Agreement with Edmund C. Olson Trust, for a ten (10)year period
commencing August 1, 2023, and extending through and ending July 31, 2033.
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 License Agreement.
BE IT FINALLY RESOLVED that County Clerk shall transmit a copy of this
resolution to the Honorable Mayor Mitchell D. Roth; Deanna Sako, Director of the Department
of Finance; Maurice Messino, Director of the Department of Parks and Recreation; J Yoshimoto,
Assistant Corporation Counsel; and Edmund C. Olson Trust, 46 `Amauulu Road, Hilo,
Hawai`i 96720.
Dated at Kona , Hawai`i, this 26th day of July , 2023 .
INTRODUCED BY:
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JNCIL MEMS , OUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EVANS X
GALIMBA X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA X
County of Hawai`i on July 26, 2023
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
ATTEST: KIMBALL . X
LEE LOY X
VILLEGAS X
6 0 3 0
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Reference: C-333/LAAO - 24
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• 11_L , CLE' ' • RPERSON&PRESIDING OFFICER RESOLUTION NO. 196 23