The URL can be used to link to this page

Home My WebLink AboutRES 202 Draft 01 2000-2002 COUl®1TY OF ~I~~V.r~`I T~T~ OF ~IAW~I`I I~SOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AMULTI-YEAR AGREEMENT WITH K. TANIGUCHI, LTD. FOR THE HANAMA PLACE OFFICE BUILDING. 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 more than one fiscal year be approved by resolution; and WHEREAS, the County of Hawaii seeks to extend its usage for the County offices at Hanama Place for a period of three (3) years; and WHEREAS, the rents have been agreed to as follows: July 1, 2002 -June 30, 2003 $241,939.00 (all-inclusive) July 1, 2003 -June 30, 2004 241,939.00 (all-inclusive) July 1, 2004 -June 30, 2005 249,197.00 (all-inclusive) WHEREAS, the Lease Amendment is attached hereto as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: 1. That the Mayor is hereby authorized to enter into amulti-year Lease Amendment with K. Taniguchi, Ltd. for the Hanama Place County offices. 2. That sufficient funds be budgeted for the appropriate future fiscal years to cover the anticipated obligation of the County under the Lease Amendment. BE IT FURTHER RESOLVED that the Clerk transmit copies of this resolution to the Department of Finance and the Office of the Mayor. DATED: Hilo , Hawaii, May 15, 2002 INTRODUCED BY: ~l`~ COUNCIL MEMBER, C LINTY OF HAWAII s:\dept\finance\hanama\reso lease amndmnt\4-02\GTde.wpd COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the CHUNG X vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County of Hawaii on May 15 , 2 0 0 2 JACOBSON X LEITHEAD-TODD X ATTEST: PISICCHIO SAFARIK X TYLER X YAGONG 9 0 0 0 Reference C- 5 9 2/ FC- 2 21 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ Tenant: County of Hawaii Suites: 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 114 Contract No. 97001 LEASE AMENDMENT This Lease Amendment is made as of this day of , 2002, by and between K. TANIGUCHI, LTD., a Hawaii corporation, by its President, Barry K. Taniguchi, whose principal place of business and mailing address is 50 E. Puainako Street, Hilo, Hawaii 96720, hereinafter referred to as the "Lessor," and the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter referred to as the "Lessee." WITNESSETH: A. By Lease Agreement dated June 6, 1996 ("Lease"), Lessor demised and leased to Lessee that certain space located at Hanama Place, which space is more specifically described in the Lease. B. Lessee desires to extend the term of the Lease upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby aclrnowledged, Lessor and Lessee covenant and agree as follows: -1- EXHIBIT "A" 1. The term of the Lease shall, and the Lease hereby is amended to provide that the term thereof shall be extended to expire and end on June 30, 2005, unless sooner terminated as provided in the Lease. 2. Effective July 1, 2002, the Lease is hereby amended as follows: a. The term is extended from July 1, 2002 to June 30, 2005. b. The amount of rent shall be: July 1, 2002 -June 30, 2003 $241,939.00 (all-inclusive) July 1, 2003 -June 30, 2004 241,939.00 (all-inclusive) July 1, 2004 -June 30, 2005 249,197.00 (all-inclusive) 3. Lessee shall have the option to extend the Lease for one additional term of two (2) years by providing Lessor with one hundred eighty (180) days' prior written notice. The extended term shall be on the same terms, provisions, and conditions of the Lease and this Lease Amendment except for the provisions regarding basic yearly rent. Basic yearly rent applicable to the extended term shall be at the then established fair market value at the time of exercise. 4. Lessee reserves the right to terminate this Lease Amendment by giving written notice to Lessor of the intention of Lessee to do so at least six (6) months prior to said termination. This termination clause will only apply once construction of a new County facility begins in Kona. 5. Except as expressly modified and amended by this instrument, all other terms, provisions, and conditions of the Lease shall remain in full force and effect as in the original Lease. -2- IN WITNESS WHEREOF, the parties hereto have executed this Lease Amendment on the date first above written. K. TANIGUCHI, LTD. By BARRY K. TANIGUCHI Its President Lessor COUNTY OF HAWAII By BARRY KIM Its Mayor Lessee APPROVED AS TO FORM AND LEGALITY: GERALD TAKASE Assistant Corporation Counsel s:\deptlfinance\hanama placeUease amndmnt\4-021GTde.wpd Lease Amendment K. Taniguchi, Ltd., Lessor County of Llawai i, Lessee -3- STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2002, before me appeared BARRY K. TANIGUCHI, to me personally known, who, being by me duly sworn, did say that he is the President of K. TANIGUCHI, LTD., a Hawaii corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors; and that said officer acknowledged said instrument to be the free act and deed of said corporation. Signature Print or Type Name Notary Public, State of Hawaii My Commission Expires: -4- STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2002, before me personally appeared HARRY KIM, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said I-IARRY KIM acknowledged said instrument to be the free act and deed of said County of Hawaii. Signature Print or type name Notary Public, State of Hawaii My Commission Expires: -5-