HomeMy WebLinkAboutCOM 0446.000 2000-2002 J~SY OF M'•'1
Harry Kim cR• William Takaba
~J~ki
Mayor Director
~a
_ ~ - Nancy E. Crawford
er : ~ ,~q:~'p.` ` Deputy Director
Tf OF~N~''~
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County I~avvaii = ~ .
Finance Department ~;I ~ r it
25 Aupuni Street, Room 1 l8 • Hilo, Hawaii 96720
(808)961-8234 • Fax (808)961-8248
December 3, 2001
Honorable James Arakaki, Chairperson and
Members of the County Council
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Disposition of Property
Enclosed is a resolution for the disposition of a house located at Ahalanui Park in Puna
to Ho`oulu Lahui, Inc., a Hawaii nonprofit corporation. The Ahalanui Park Master Plan
to develop this park calls for the removal of an existing house. On December 1, 2000,
the County entered into an agreement with Ho`oulu Lahui, Inc. donating this house to
that corporation. The removal and relocation costs of $15,000 will be provided from
funds received from the Federal Emergency Management Act (FEMA) for this
development of Ahalanui Park.
If there are any questions, please do not hesitate to call the Department of Parks &
Recreation.
Willia Takab
Director of Finance
APPROVED:
Harry Kim
Mayor
Enc.
cc: P&R
f. 1®:
Form B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: Parks and Recreation DATE: 11/28/01
STAFF CONTACT: Glenn Miyao PHONE: 961-8313
A. REQUEST:
A resolution for the disposition of a house located at Ahalanui Park to Ho'olulu Lahui, Inc. anon-profit
corporation.
B. BACKGROUND AND JUSTIFICATION FUSE ADDITIONAL SHEETS AS NEEDED):
See attached donation agreement
~ /
SIGNED: ~ DATE: ~~/~L ~
Dep r ent Head
DONATION AGREEMENT RE A>~IALANUI PARK
This Agreement, made this day of P~eU1Q~°~, 2000, between the
BARRY Ar TAKAMASH( ACTING
County, by , its^Mayor, hereinafter called the "County," and
Ho'oulu Lahui, Inc., a Hawaii non-profit corporation;
WITNESSETII:
Whereas, the County has plans for changes at Ahalanui Park; and
Whereas, part of those plans include the removal of an existing house at Ahalanui
Park; and
Whereas, Ho'oulu Lahui, Inc., is a Hawaii non-profit corporation which has been
conducting cultural and educational programs in the area near Ahalanui Park; and
Whereas, Ho'oulu Lahui, Inc. could make use of the house in its cultural and
educational programs; and
Whereas, the County wishes to donate the existing house to Ho'oulu Lahui, Inc.,
in furtherance of those cultural and educational programs; and
Whereas, the County of Hawaii, Department of Parks and Recreation, through its
director, Julie Tulang, entered into a "Memorandum of Agreement re Ahalanui Park
House" on August 14, 2000,
NOW, THEREFORE, it is Agreed by the Parties that:
1. The County shall, at its sole expense, move the existing house at Ahalanui
Park to the property owned by the Kamehameha Schools/Bishop Estate ("KS/BE") across
from the Kaimu-Kapoho Road from Ahalanui Parl<, to a site on said property selected by
Ho' oulu Lahui, Inc., as a donation to Ho' oulu Lahui, Inc.
2. The house shall be moved in a condition as structurally intact as possible
(which includes moving it in two sections at County expense).
3. The County shall, before moving the house, remove and separate the
ceiling tiles and floor tiles for disposal as required by the August 11, 2000 and September
6, 2000 Hazardous Materials reports.
4. Ho'oulu Lahui, Inc. shall collaborate with the County for any necessary
permits and approvals for the move and the placement on KS/BE property, including the
written approval from KS/BE, which may be through its land agent, and shall accept the
house and/or lumber "as is" after removal of floor tiles and ceiling tiles. The County
shall coordinate and cooperate with Ho'oulu Lahui in obtaining any necessary public
permits.
5. The County has furnished reports to Ho'oulu Lahui, Inc., dated August 11,
2000, and September 6, 2000, on the hazardous substances in the house.
6. The County does not warrant against any further deterioration of the house
between the signing of this agreement and any removal of the house.
7. After the removal of the house to the KS/BE property, Ho'oulu Lahui,
Inc., shall indemnify and hold harmless the County from any and all liability in
connection with the use and condition of the house, including but not limited to liability
arising from the presence of any materials disclosed in the report referred to in paragraph
8. The County shall have no further responsibility with respect to the house
after its removal to and placement on the KS/BE property.
2
IN WITNESS WHEREOF, the County and Ho'oulu Lahui, Inc. have executed
this Agreement as of the day and year first above written.
COUNTY OF HAWAII,
Recommed Approval
y
• HARRY A. TAKAMASH~
J u e T u l a n g Its~,/• ACTING MAYQI@ "1' ~
Director
HO' OULU LAHUI, INC. r' 1
Dr. Manu Meyer
Its President
APPROVED AS TO FORM
AND LEGALITY
R
~'ED H.S. H G
Corporation Counsel
J
STATE OF HAWAII )
} SS:
COT,JTDT~ OF` HAWAII }
On this - dtay of
X000, before me, ~dargie Lee, the undersigned Notary I~ublic,
personally appeared Y A. TA~,HASHI, to me personally k~~
who, being by rae t3uly sworn, did say that he is the Acting
of the OOZJDTT'Y HAWAII, a aaunacipal Corp®ration of the ,ta
of Hawaii; that the seal affized to the foregoing instrumen;<.;:<.::._,>;.;:J.:.:-:-":-:`;`.:;.
the corporate seal of said 00 OlE` fiAWA2I; that the
foregoing instrument was signed and sealed on behalf of
OOtTI~1Ty OF HAWAII by authority given to said Acting Mayor of
OOLTI1TTy O~ HAWAII by Section 5-~~..5 of the O®unty Oharter, COL
OF° HAWAII (1991}, as arc~ended; and said HAR1~3L A. TAKAHASHI
acknowledged said instrument to be the free act and deed
o f said OOtJ1111`% OF' S~AWAI I .
d` ,f'
Alt~TARY ~ tart' p lic, State of Hawa~
'S'), comta?ission empires: ~ll~J.~•--
358
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this day of , 2000, before me,
,the undersigned Not y Public, personally appeared
STEPHEN K. YAMASHIRO, to me personal own, who, being by me duly sworn,
did say that he is the Mayor of the CO OF HAWAII, a municipal corporation of
the State of Hawaii; that the seal affi ed to the foregoing instrument is the corporation
seal of said COUNTY OF HA II; that the foregoing instrument was signed and sealed
on behalf of COUNTY OF AWAII by authority given to said Mayor of the COUNTY
OF HAWAII by Sectio 5-1.3 of the County Charter, COUNTY OF HAWAII (1991), as
amended; and said EPHEN K. YAMASHIRO acknowledged said instrument to be the
free act and de of said COUNTY OF HAWAII.
Print:
Notary Public, State of Hawaii
My commission expires:
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this Est day of TJ~ceUv~ber , 2000, before me personally
appeared MANU MEYER, to me known or proved to be the person described in and who
executed the foregoing instrument, who, being by me duly sworn, did say that she is the
President of HO'OULU LAHUI, INC., anon-profit corporation; that said corporation has
no corporate seal; that said instrument was signed in behalf of said corporation by
authority of its Board of Directors, and said officer acknowledged said instrument to be
the free act and deed of said corporation.
r
,1 J.
Print: Shi ley S. I<awamnta
Notary Public, State of Hawaii
My commission expires:. 02-22-2004
4