HomeMy WebLinkAboutRES 449 Draft 01 2024-2026A RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS OF LATER FISCAL YEARS TO ENTER INTO A MULTI-YEAR REVOCABLE RIGHT-OF-ENTRY AGREEMENT WITH THE TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP
FOR LAND IDENTIFIED BY TAX MAP KEY NOS. (3) 4-4-002:005, 4-4-002:006, AND 4-4-009:008, SITUATED IN THE DISTRICT OF HĀMĀKUA, TO BE ACCESSED AND USED BY THE DEPARTMENT OF PUBLIC WORKS.
WHEREAS, Section 10-11 of the Charter of the County of Hawai‘i (hereinafter the “Charter”) provides, in part, that “any contract, lease or other obligation requiring the payment of funds
from the appropriations of a later fiscal year or of more than one fiscal year shall be made or approved by resolution”; and
WHEREAS, the Trustees of the Estate of Bernice Pauahi Bishop (hereinafter the “Owner”) owns the parcels of land identified as Tax Map Key Nos. (3) 4-4-002:005, 4-4-002:006, and 4-4-009:008,
situated in the District of Hāmākua, Island, County, and State of Hawai‘i (hereinafter the “Property”); and
WHEREAS, the County of Hawai‘i (hereinafter the “County”) owns Kalopa Road, situated adjacent to the Property, and the improvements thereon, including a one-lane bridge over Waika‘alulu
Gulch; and
WHEREAS, the County has a need to close the one-lane bridge over Waikaʻalulu Gulch in proximity to the Property for the purpose of making necessary repairs; and
WHEREAS, in order to maintain ingress and egress for members of the public to their private property located further along Kalopa Road while the bridge is repaired, the County has a
need to install, maintain, repair, and upkeep an alternate road and related improvements on the Property; and
WHEREAS, the Owner is willing to permit such entry onto the Property for the purposes of alternate road access, under such terms and conditions as mutually agreed upon, including a monthly
cost of $250; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that the Mayor is hereby authorized to enter into a revocable right-of-entry agreement with a term of two
years and five option years for the purposes hereinabove described, subject to terms and conditions as mutually agreed upon by the County and the Owner.
BE IT FURTHER RESOLVED that, in accordance with Section 10-11 of the Charter, sufficient funds be budgeted in later fiscal years to cover the anticipated obligations of the County under
the terms of the agreement.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to William V. Brilhante, Jr., Managing Director; Diane T. Nakagawa, Director of Finance; and Wesley
R. Segawa, Director of Public Works.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAI‘I