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HomeMy WebLinkAboutCOM 0145.000 2000-2002 ~ N Harry Kun ~ ~ W(11(em Takaba Mayor D~ret(or r County of Hawau Finsmce Department 25 Aupuni Stleet, Room 118 • Hilo, Heweu 96720 (808)961-8234 • Fax (608)961-8248 February 23, 2001 Honorable James Arakaki, Chairperson and Members of the County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Multi-year Lease Enclosed is a resolution authorizing the Parks and Recreation, Elderly Activities Division (EAD) to enter into amulti-year lease for an additional four (4) years for the office space they currently occupy in Kealakekua. Their current lease, which expires on June 30, 2001, contains an option to renew the term of the lease for an additional four years EAD would like to exercise this option. If there are any questions, please do not hesitate to call the Department of Parks and Recreation. Wdham~~ Director of Finance //~ED C~ Ha Mayor Enc. ~R,cs. L~~ Cc: Parks and Recreation Gomm. Na / File No. ~ R Ret. Tos F G xet. D.re MA- R. 8 ~ Farm B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT PARKS & RECREATION DATE• 2/23/01 STAFF CONTACT DEANNA SAKO/DEE ANN SADAYASU PHONE 961-8419 A REQUEST. Enter Into a multi year extension for the Kona Elderly Activthes Divlston Offices lease The new term would be for four years. B BACKGROUND AND IUSTIFICATION (USE ADDTITONAL SHEETS AS NEEDED) The current lease u for twelve months ending June 30, 2001 The lease contains an option to renew the terra of the lease for an addrnonal four years. EAD would tike m exearse thrs option. Volunteers have put in wrroerow hours intpmving the office apace, therefore EAD would tike to continue to occupy the same space The monthly rental wtll not change SIGNED DATE ~'r ead LAND COURT SYSTEM REGULAR SYSTEM Return by Mail (XX) Pickup ( ) To Office of the Corporation Counsel County of Hawaii 101 Aupum Street, Suite 325 Hilo, Hawaii 96720 Tax Map Key (3)8-1-003.061 RENTAL A-{G~REEMENT THIS AGREEMENT, made this ~"'r-day of 6~ L~-</l~ , 2000, by and between DAVID BASQUE (hereinafter referred to as Lessor), whose ma~hng address is P O Box 135, Kealakekua, Hawaii 96750, and the COUNTY OF HAWAII (hereinafter referred to as "Lessee"), a municipal corporation of the State of Hawaii, whose pnnctpal place of business and mailing address is 25 Aupum Street, Hilo, Hawaii 96720 WITNESSETH The Lessor hereby leases to the Lessee, under the terms and conditions set forth below, the premises located at 85-951 Haleku Street, Kealakekua, Hawaii 96750, Tax Map Key -1- No (3)8-1-003 061, consisting of four thousand (4,000) square feet, further descnbed and outlined in red on Exhtbtt "A" attached hereto and incorporated herein by reference TOGETHER WITH any and all easements and nghts-of--way that the Lessor has to provide access to the leased premtses, and parking spaces for patron and staff vehicles appurtenant to the leased premtses TO HAVE AND TO HOLD the same unto the Lessee, its successors and assigns, under the teems and conditions set forth 1 Term The term of this Lease shall be for twelve (12) months, commencing July 1, 2000, on a month-to-month basis, with an option to renew the term of this Lease for an additional four (4) yeazs, and an additional optton for a second four (4) year penod, subject to - ~ approval by the County Council The Lessee will be allowed to terminate this Lease tf Lessee builds its own building, upon giving one hundred eighty (180) days' notice. 2 Rent The Lessee shall pay as rent for said premises the sum of FOUR THOUSAND AND NO/100 DOLLARS ($4,000 00) per month, payable in advance on or before the first day of each month dunng the term of this Lease. 3 Real Prooertv Tax There shall be no real property taxes on area rented by Lessee 4 Late Fee. The rent required to be paid hereunder, if not paid within ten (10) days of the due date, shall bear a late fee equal to five percent (5%) of the delinquent sum due for each month or portion thereof that the sum is delinquent 5 Grace Penod• There shall be a grace period of one (1) months from the commencement of the teem of this Lease before any rent or common azea maintenance fee shall be owed by or due from Lessee to Lessor ' 2 6 Insurance The Lessee ~s self-insured and agrees to provide coverage to the Lessor dunng the term of this Lease 7 Ass~pnment and Subletting The Lessee shall have the right to assign, sublet, or transfer the premises, or any part thereof The Lessor shall have the nght to consent to an assignment of this Lease, said consent not to be unreasonably withheld 8 Liens and Encumbrances The Lessee shall pay or cause to be paid al[ costs for work done on the premises contracted by Lessee, and Lessee shall keep the premises free of all mechanics' liens on account of any such work Lessee shall indemnify and hold harmless Lessor from and against any clam of lens or encumbrances or charge upon the premises. If Lessee desires to protest the claim of a lienor, Lessee shall post a bond in sufficient amount to secure the release of the premises from any such lien If a final judgment for any amount is entered, Lessee shall immediately pay and satisfy the same If any claim of lien is filed against the premises or ~f any other action affecting tale to the premises is commenced, the party receiving such nonce shall immediately notify the other party m venting. The Lessee will not comma or suffer any act or neglect whereby the premises or any improvement hereon or the estate of the Lessee therein shall at any time dunng said term, or any renewal thereof, become subject to any attachment, judgment, lien, charge or encumbrance whatsoever, and will indemnify and hold Lessor harmless from all loss, cost and expense with respect thereto 9. Obli¢.ations of Lessor: The Lessor shall secure to the Lessee the quiet enjoyment of the leased premises during the term of this Lease. -3- The Lessor shall maintain, repair, replace and restore the common azeas, the extenor and the structure of the building to which the leased premises are located The Lessor shall permit the Lessee, upon termination of this Lease or termination of any renewal thereof, to remove its equipment and fixtures, provided, however, that such removal shall not inure the leased premises, and all such removal shall be accomplished pnor to the expiration of the term of this Lease or termination of any renewal thereof The premises rs currently served by two air conditioning units; one owned by Lessor and one owned by Lessee Upon termination of this Lease or the termination of any renewal thereof, Lessor shall permit Lessee to remove and retain its air conditiomng unit, subject to an option of the Lessor to purchase said unit for a purchase pnce to be agreed upon by Lessor and Lessee. 10 Obligations of Lessee The Lessee shall keep the intenor of the leased premises in good repair, excepting reasonable weaz and tear ansing from the use by Lessee, and its clients. The Lessee shall not make any stnp or waste or any unlawful use of said premises or any part thereof The Lessee shall permit the Lessor or its agents to enter upon the leased premises at any reasonable time for the sole purpose of examining the condition of said premises. The Lessee shall be responsible for its utilities, including water, electncity and telephone. 11 Destruction of Premises If, dunng the teem of this Lease, or any extension or renewal thereof, the premises shall be destroyed by fire, the elements, or any other cause whatsoever, this Lease shall cease and become null and void from the date of such destruction and the Lessee shall immediately surrender the premises to the Lessor and shall pay rent only to the time of surrender If the premises shall be damaged by fire or other cause so as to be capable -4- of being repaired within a reasonable time, Lessor shall elect within sixty (60) days to repair or rebuild the premises and shall do so as speedily as possible, and dunng the time that the repairs aze being made, the Lessee shall pay only such proportion of the rent as the area which it is legally and safely able to occupy and use during said restoration bears to the whole If the Lessor elects not to repair or rebuild, then the Lessee, at its sole option and decision, may terminate this Lease or continue this Lease as to that azea that it is legally and safely able to occupy and use, and pay as rent only that proportion of the rent as that azea bears to the whole l2. Renewal Option. Provided that the Lessee is not in default in the perfonnance of the terms and conditions of this Lease and this Lease is not terminated before the expiration of any teen hereof as provided herein, upon receipt by the Lessor of a written notice of exercise of option on or before sixty (60) days pnor to the termination of the twelve month period of this Lease, the Lessor agrees to renew this Lease under the same rent, terns and conditions for an additional period of four (4) years The Lessee shall also have the nght to renew for a second four-year penod, commencing upon the completion of the five year ]ease penod above, upon the same terms and conditions, except that the amount of monthly rent shall be mutually agreed upon by the parties within thirty (30) days of the expiration of the onginal five yeaz term of this Lease. 13 Binding on Successors• All the agreements, conditions and undertakings herein contained shall extend to, enure and be binding on the representatives, heirs, executors, administrators, successors and assigns of the respective parties hereto 14. Entire A¢reement This Lease constitutes the entire agreement and understanding between the parties hereto, and supersedes any pnor agreement and understanding relating to the subject matter of this Lease This Lease maybe modified or amended only by a duly authorized written instrument executed by the parties hereto. -5- 15 Siovertung Law This Lease shall be governed by and construed in accordance w?th the laws of the State of Hawaii 16 Severability In the event any part or parts of this Lease aze found to be void or unenforceable, the remaining provisions of this Lease shall nevertheless be binding and enforceable with the same effect as though the offending part or parts aze deleted l7 Headings of Paragraphs. The headings of paragraphs herein aze inserted only for convenience and reference and shall m no way define, lima or descnbe the scope or intent of any provisions of this Lease 18 Construction of Lease Each of the parties hereto acknowledge that each party has reviewed and approved this Lease, and that each pazty has had the opportunity to have its counsel review and approve this Lease, and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting pazty shall not be employed in the interpretation of this Lease or any amendments hereto 19 Waiver The failure of a party to enforce at any time any provision of this Lease shall not constitute a waiver of that pazty's nght thereafter to enforce the same or any other prov~s~on of ttus Lease 20 Costs and Attotney.'s Fees• In the event that enforcement of this Lease ~s necessary, the prevailing party in any action shall be entitled to an award of costs of suit, including, but not limited to, reasonable attorney's fees, to be paid by the defaulting party. 21 Fonun Selectton Clause• No action or proceeding involving this Lease shall be commenced by either party except m the Circuit or D~stnct Courts of the Tlurd Circuit, County of Hawa~`i, State of Hawa~'i, nor shall any action commenced m such court be removed or transferred to any other state or federal court -6- 1Ntt` 22 Execution This Lease may be executed simultaneously in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument It shall not be necessary that any single counterpart hereof be executed by all of the parties hereto so long as at least one counterpart is executed by each party Facsimile signature shall be accepted as an onginal for the purposes of this paragraph IN WITNESS WHEREOF, the undersigned parties have set their hands the day and yeaz first above written d J~~..G DAVID BASQUE COUN~T,(Y OQF HLA.,W~AI~'I D BY~i~'t~'t'~-- ~w"'xr~ STEPHE . YAMASHIRO Its Mayor APPROVED AS TO ~ RECOMMEND APPROVAL FORM D L I i i~ TY CORPORATION COUNSEL COUNTY OF HAWAII I TE M. TULAN Dote ~D~~,3~c{~) RECTOR DEPARTMENT OF PARKS & RECREATION STATE OF HAWAII ) ss COUNTY OF HAWAII ) On this loth day of October , 2000, before me personally appeared DAVID BASQUE, to me known to be the person described m and who executed the foregoing instrument, and acknowledged that he ex uted the same as his free act and deed. / - 1 i u nn Y. Aoki-Yoko Pnnt or Type Name Notary Public, State of Hawai i My Commission Expires. Jan. 3, 2004 -8- V~t` STATE OF HAWAII ) SS COUNTY OF HAWAII ) On this S~y of , 2000, before me personally appeazed STEPHEN K YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he ~s the Mayor of the County of Hawar`i, a mumc~pal corporation of the State of Hawai that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawa~`i; that the foregoing instnrment was signed and sealed m behalf of the County of Hawat`i by authority given to said Mayor of the County of Hawaii by Sectron 5-1 3(g) of the County Charter, County ofHawai`~ (1991), as amended, and said STEPHEN K YAMASHIRO acknowledged said mstnrme the free act and deed of sand County of Hawaii k~~ ~ ~ CQi V N~TgRY _ Srgnat re ~ _ Q' pURGiE LEE ~~F O F H P Print or type name Notary Public, State of Hawa~`r My Commission Exprres• -9- Wtt` COUNTY OF HAWAII CERTIFICATION OF AVAILABILITY OF FUNDS I hereby certify that on the date of filing of this contract with the Director of Finance, there remains an unexpended amount of $48,000.00 in 010-500-5519.12-338 sufficient to cover the obligation of the County of Hawaii under this contract Contract Title: KONA EAD OFFICES RENTAL FY 00-O1 Vendor: David Basque Contract No.: 01056 Director of Finance Date: Oct 17, 2000 i 1 ~y - .i~ o ;J QJ U- ~ ~ ~ 'ai I ly //r; ~Li 1~ V ,t1 1i ~1 U~ t I ~ ;t ~1 ~ o n • , ~ a ~ 1. ~ ii ~ u i, 1 ~ ~ ~ ` T , ~ 1 ~ I c ~ r: ~ ;ono ¢ si~,~,~ SCALE - - - 1; - - - - - - - - - - - - ~ EXHIBIT A