HomeMy WebLinkAboutRES 196 Draft 01 2022-2024
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 HAWAIʻI DEPARTMENT
OF PARKS AND RECREATION WITH EDMUND C. OLSON TRUST, OWNER OF TAX MAP KEY NO. (3) 2-6-008:026 IN HILO, 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 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 Hawaiʻi Executive Order No. 3508, the County has management and control over that certain parcel of land situated at Pu‘u‘eo South Hilo, Island and County
of Hawaiʻi, State of Hawaiʻi, identified as Tax Map Key (3) 2-6-007:027, and operates Clem Akina Park and the Pu‘u‘eo 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 Hawaiʻi 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 Hawaiʻi 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 HAWAI‘I 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 ʻAmauulu Road, Hilo, Hawai‘i 96720.
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
EVANS
GALIMBA
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
KAGIWADA
KĀNEALI‘I-KLEINFELDER
KIERKIEWICZ
ATTEST:
KIMBALL
LEE LOY
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.