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COUNTY OF HAWAPI STATE OF HAWAII RESOLUTION NO. 263 25 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAI`I, DEPARTMENT OF HAWAIIAN HOME LANDS, TO COLLABORATE TO PROVIDE CONTROLLED ACCESS THROUGH LAND IDENTIFIED BY TAX MAP KEY NOS. (3) 2-1-013:005 AND 006, ALSO KNOWN AS LEHIA BEACH PARK. WHEREAS, Section 46-7 of the Hawaii Revised Statutes requires the consent of the Council in order for the County to enter into an agreement with the federal government or any other public body respecting action to be taken pursuant to any of the powers granted to the County by law and furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers; and WHEREAS, pursuant to Executive Order No. 4078, signed by the Governor of Hawaii on October 26, 2004, the County possesses control and management authority over the land identified by Tax Map Key Nos. (3) 2-1-013:005 and 006, also known as Lehia Beach Park, situated at Keaukaha, South Hilo, Island, County, and State of Hawaii (hereinafter "Lehia Beach Park"); and WHEREAS, the State of Hawaii, Department of Hawaiian Home Lands, (hereinafter "DHHL") owns the land directly adjacent to and surrounding Lehia Beach Park on the east and south, identified by Tax Map Key No. (3) 2-1-013:001 (hereinafter "the Property"); and WHEREAS, DHHL permits certain members of Malama Ka `Aina Hana Ka `Aina, Inc., a Hawaii nonprofit organization, (hereinafter "MAHA") to reside on the Properly; and WHEREAS, the only practicable access to the Property is via an unimproved vehicular trail through Lehia Beach Park; and WHEREAS, for the purpose of controlling vehicular access to Lehia Beach Park, the County maintains several gates at the beach park's entrance, located near the terminus of Kalaniana`ole Street, and one gate intended for use by DHHL and MAHA; and WHEREAS, DHHL wishes to enter into an agreement with the County to collaborate in providing secure and controlled ingress and egress to the Property through its gate, as depicted in Exhibit "A", attached hereto; and WHEREAS, the County finds that better collaboration in securing these gates is in the mutual interest of the County and DHHL, as it will benefit the safety of the public utilizing Lehia