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HomeMy WebLinkAboutCOM 0117.001 2002-2004 tv er AL KONISHI ~ CONSTANCE R. KIRIU County Clerk Legrslpave Audrmr JAY MENDE •ri,o~,~'~. Deputy Couttry Clerk County of Hawai `i Office of the County Clerk 25.4 upuni Stree! Hilo, Hawaii 96720 Telephoner /808) 961-8255 Facsfmf[e: (808) 96/-8912 February 3, 2003 TO: Aaron S.Y. Chung, ('hair And members of the Finance Committee FROM: Susan Caseria Legislative Auditor's Assistant RE: Resolution No. 38-03; Authorizing the Director of Finance to negotiate the purchase of lease interest and structures from H. Harada Construction, loc. For your information and review, enclosed are copies for the following: I . Letter from Deparhnent of Parks & Recreation dated January 31, 2003. 2. General Lease No. S-4665 dated October 3Q, 1980. 3. Maps 4. Letter from Dennis Lee. Director of Department of Public Works dated October 15, 2001. 5. Letter from David Yee, Big Island Branch Manager of Meadow Gold Dairies dated January 23, 2003. 6. Executive Order No. 2283 dated August 1, 1966. Should you have any questions, please feel free to call me at 961-8490. Comm. No. File No. ressat~e~ Re : To:_~~ Rel. Date~A 4 2003_ LETTER OF TRANSMITTAL DATE: January 31, 2003 TO: Councilman Tyler FROM: Dept. of Pazks & Recreation (Via Susan -Legislative Auditors) County of Hawaii 101 Pauahi Street, Suite 6 Hilo, Hawaii 96720 WE ARE SENDING YOU THE FOLLOWING ITEMS: Contract Plans Specifications Copy of Correspondence Other See Below - - ~ ~ tiii 1 10/30/80 General Lease No. S-4665 2 Sets 1981 Maps 1 10/15/01 Letter from Dennis Lee, Director of Departrnent of Public Works THESE ARE TRANSMITTED: For Approval Approved as Submitted Resubmit for Approval For Your Use Approved as Noted Submit for Distribution X As Requested Returned for Corzections Return Corrected Documents For Review and Comment by: Other Per your request we transmit the above-referenced documents regarding the land swap with REMARKS: Meadow Gold Dairies. Page 2 of the October 15 letter describes the property. The question regarding statement In resolution that "DLNR knows about the agreement and State will do another EO regarding Harada pazcel" is a Verbal understanding. Please call me if you have any further questions. COPY TO: SIGNED: ~ G~j~~~ ^ ~ ~ 1? V.u'1 fl~a STATE OF FiA?4AII DDPARTIIDi1T OF LP_iID Al1D IIATURAL RSSOURCI;S Gri]E RAL LIiASD i10. 5-4665 T[iIS Ii'.DEtITURP OF LIbP SE, made this 3v~" day of ~~}„9~~ 19 $o by and be t~~een the ST11TH OP HA?IAII; hereinafter referred to as the `Lessor`; b_y its IIoard of Land and i?a tural Resources, called the 'IIoard", and H. HARADA CONTRACTOR INC. a Y.awaii corporation , whose residence and post office address is 930 Lanikavla Street Nilo Flawaii 96720 hereinafter referred to as the "Lessee', *.II Tt1E5SDT] I TIFAT, the Lessor for and in consideration of the rent to be paid and of the to rnis, covenants and conditions herein contained, all on the part of the Lessee to be kept, observed and performed, does hereby demise and lease unto the Lessee, and the Lessee does hereby lease and hire £rom the Lessor tine premises identified as Lots 6 and 8. WaiaY.ea industrial Lots Plaiakea Fouth Hilo Island o£ Hawaii Wore particularly described in Exhibit '''A" and as shown on the map marked Dxhibit "II°, hereto attached'and made Warts hereof. TO IIT.VG BIND TO I?OLD the demised premises unto the Lessee for the term of fifty-five (SS) years, commencing o7n the 28th day of A.uqust 19 80 up to and. including the 27th day of August 2035, unlese sooner terminated as hereinafter provided, the Lessor reserving and the Lessee yielding and paying to the Lessor at the Office of the Department of Land and t'atural Resources, Ilonolulu, Oahu, State of Ilaeia ii, a net annual rental as C.L. nDt/, iIOV. 1976 . ~ provided hereinbelow, payable in advance, without notice or demand, in semi-installments on February 27th and August 28th - of each and every year during said term as follows: A. For the first twenty (20) years, the sum of R'WENTY-TWO THOUSAND AND FIVE F.UNDRFD DOLLARS 22.500.00 ) per annum; PROVIDED, HOWEVER, that in lieu of rental waiver, the Lessee shall be credited in an amount not to exceed one (1) year's rent for improvements performed and approved by the Chairman during the first year of the least term. H. The annual rental hereinabove reserved shall be reopened and redetermined at the expiration of the 20th. 30th. 90th and 50th years of said term. C. Determination of rental upon reopening of the annual rental. The rental for any ensuing period shall be the retnal for the immediately preceding period or the fair market rental at the time of reopening, whichever is higher. At the time of reopening, the fair market rental shall be determined by an appraiser whose services shall be contracted for by the Lessor; provided, that should the Lessee fail to agree upon the fair market rental as determined by the Lessor's appraiser, the Lessee may appoint his own appraiser who shall prepare an independent appraisal report and the two appraisers shall then exchange their reports for review. The two appraisers shall make every effort to resolve whatever differences they may have. However, should differences still exist 14 days after the exchange, the two appraisers shall then appoint a third appraiser who shall also prepare an independent appraisal report and furnish copies thereof to the first two appraisers. After review, all three shall meet to determine the fair market rental in issue. The fair market rental as determined -2- ' 5 b~ a majority of the annraisers shall be final and binding upon both Lessor and Lessee, subject to vacation, modification or correction in accordance with the provisions of Sections 658-8 and 658-9, Hawaii Revised statutes. The Lessee shall pay for bis own appraiser and tha coat of the services of the third appraiser shall be borne squally by the Lessor and the Lessee. All appraisal reports shall become part of the public record of the Lessor. If the rental for any ensuing period has not Deen determined prior to the expiration of the preceding rental periodr the Lessee shall continue to pay the rent effective for the previous rental period, but the Lessee shall, within thirty (30) days after the new rental has been so determined, make up the deficiency, if any. RESERVING UNTO THE LESSOR THE FOLLOf•7ING: 1. Iinerals and waters. (a) All minerals as here- inafter defined, in, on or under the demised premises-and the right, on its oo-m behalf or through persons authorized by it, to prospect for, mine and remove such minerals and to occupy and use so much of the surface of the ground as may be required for all purposes reasonably extending to the mining and removal of such minerals by any means whatso- ever, including strip mining. "biinezals", as used herein, shall mean any or all oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, all ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits, whether solid, gaseous or liquid, including all geothermal resources in, on, or under the land, fast or submerged; provided, that "minerals" shall not include sand, gravel, rock or other material suitable for use and used in general construction in -g_ i 'til Furtherance of the Lessee's permitted activities on the demised premises and not for sale to others. (b) All surface and ground waters appurtenant to the demised land and the right on its own behalf or through persons authorized by it, to capture, divert or impound the same and to occupy and use so much of the demised premises as may be required in the exercise of this right reserved; provided, however, that as a condition precedent to the exercise by the Lessor of the rights reserved in this paragraph just compensation shall be paid to the Lessee for any of Lessee's improvements taken. 2. Prehistoric and historic remains. All pre- historic and historic remains found on said demised premises. 3. Withdrawal. The Lessor shall have the right to withdraw the demised land, or any portion thereof, at ahy time during the term of this lease upon the giving of reasonable notice by the Board and without compensation, except as provided herein, for public uses or purposes, including residential, commercial, industrial or resort deve lopments, for constructing new roads or extensions, or changes in 13ne or grade of existing roads, for rights of way and easements of all kinds, and shall be subject to the right of the Board to remove soil, rock or gravel as may be necessary for the construction of roads and rights of way within or without the demised premises; provided, that upon such withdrawal, or upon such taking which causes any portion of the land originally demised to become unusable for the specific use or uses for which 1t was demised, the rent shall be reduced in proportion to the value of the land with- drawn or made unusable, and if any permanent improvement con- structed upon the land by the Lessee is destroyed or made -4- 3 unusable in the process of such withdrawal or taking, the por- portionate value thereof shall be paid based upon the unexpired term of the lease; r~ovided, further, that no such withdrawal or taking shall be had as to those portions of the land which are then under cultivation with crops until the crops are harvested, unless the Hoard pays to the Lessee the value of such crops. -4a- THE LESSEE COVENANTS AF1D AGREES WITH THE LESSOR AS FOLLOl95: 1. Payment of rent. That the Lessee shall pay said rent to the Lessor st the times, in the manner and form aforesaid end at the place specified above, or at such other place as the Lessor may from time to time designate, in legal tender of the United States of America. 2. Taxes, assessments, ate.--That:the Lessee shall pay or cause to be paid, when due, the amount of all taxes, rates, assessments and other outgoings of every description as to which said demised premises or any part thereof, or any improvements thereon, or the Lessor or Lessee in respect thereof, are now or may be assessed or become liable by authority of lai•; during the term of this lease; provided, however, that with respect to any assessment made under any betterment or improvement law which may be payable in installments, Lessee shall be rec7uized to pay only such installments, together ~~;ith interest, as shall become due and payable during said term. 3. Utility services. That the Lessee shall pay when due all charges, duties and rates of every description, including water, sewer, gas, refuse collection or any other charges, as to which said demised premises, or any part thereof, or cry improvements thereon or the Lessor or Lessee in respect thereof may during said term become liable, whether assessed to or payable by the Lessor or Lessee. Covenant against discrimination. That the use and enjoyment of the premises shall not be in support of any policy which discriminates against anyone based upon race, creed, sex, color, national origin or physical handicap. -5- V/ ray S. sanitation, •tc. That the Leeaee shall keep the demised premises and improvements in a •trietly clean, •anltary and orderly condition. 6. Masse and unlawful, lmaroper or offensive use of premises. That the Lessee shall not commit, ¦ulfer or permit to be committed any wacte, nuisance, strip or unlawful, improper or offensive use of the demised premises, or any part thereof, nor, without the prior written consent of the Lessor, cut down, remove or destroy, or suffer to be cut down, removed or destroyed, any trees now growing on •aid premises. 7. Compliance with laws. That the Lessee shall comply with all of the requirements of all municipal, state, and federal authorities and observe all municipal, state and federal laws pertaining to the •aid premises, now in force br which may hereinafter be !n force. 8. Inspection of premises. That the Lessee will permit the Lessor and its agents, at all reasonable times during the said term, to enter the demised premises and examine the state of repair and condition thereof. 9. Improvements. That the Lessee shall not at any time during said term construct, place, maintain and install on said premises any building, structure or improvement of any kind and description whatsoever except with the prior approval of the Board end upon ouch conditions as the Board may impose, including any adjustment of rent, unless otherwise provided herein. The ownership thereof shall be in the Lessee until the expiration or termination pursuant to a Dreach o! the lease, at which time the ownership thereof shall vest in the Lessor. -6- ,1: ~ , 4.,: 10. Repairs to improvements. That the Lessee shall, at its own expense, keep, repair and maintain all buildings and improvements now existing or hereafter ' constructed or installed on the demised premises in good order, condition and repair, reasonable wear and tear excepted. 11. Liens. That the Lessee will not commit or suffer any act or neglect whereby the demised premises or any improvement thereon or the estate of the Lessee in the same shall become subject to any attachment, lien, charge or encumbrance whatsoever, except as hereinafter provided, and shall indemnify and hold harmless the Lessor from and against all attachments, liens, charges and encumbrances and all expenses resulting therefrom. 12. Character of use. That the Lessee shall use or allow the premises hereby demised to be used solely for general industrial purposes. (Operation of a scrap metal yard, junk yard and/or similar type operations shall be prohitited.) 13. Assignments, etc. That the Lessee shall not transfer, assign or permit any other person to occupy or use the said premises or any portion thereof, or transfer or assign this lease or any interest therein, either voluntarily or by operation of law, except by way of devise, bequest or intestate succession, and any transfer or assignment so made shall be null and void; provided, that with the prior written approval of the Board the assignment and transfer of this lease or unit thereof may be made if (1) it contains the personal resic'.ence of the Lessee; (2) in the case of commercial, industrial, hotel, resort, apartment and other business uses, the Lessee was required to put in substantial building improvements; (3) the Lessee becomes mentally or physically disabled; (4) extreme economic hardship is demonstrated to the satisfaction of the Lessor or (5) it is to the corporate successor of the Lessee. 14. Subletting. That the Lessee shall not rent or sublet the whole or any portion of the demised premises, without the prior written approval of the Board; provided, hocaever, that prior to such approval, the Hoard shall have the right to review and approve the rent to be charged to the proposed sublessee and, 1f necessary, revise the rent of the demised premises based upon the rental rate charged to the said sublessee; provided, further, that the rent may not be revised docmward. 15. Indemnity. That the Lessee will indemnify, defend and hold the Lessor harmless from and against any claim or demand for loss, liability or damage, including claims for property damage, personal injury or death, arising out of any accident on the demised premises and sidewalks and roadways adjacent thereto or occasioned by any act or nuisance made or suffered on the premises, or by any fire thereon, or growing out of or caused by any failure on the part of the Lessee to maintain the premises in a safe condition, or by any act or omission of the Lessee, from and against all actions, suits, damages and claims by whomsoever brought or made by reason of the non-observance or non-performance of any of the terms, covenants and conditions herein or the rules, regulations, ordinances and laws of the federal, state, municipal or county governments. -8- lVa:_.Y ~ 16. Costs of litigation. That in case the Lessor shall, without any fault on it,^ part, be made a party tc any litigation commenced by oz against the Lessee (other than condemnation proceedings), the Lessee ahall and will pay all costs and expenses incurred by or imposed on the Lessor; furt:ier- more, the Lessee shall and ~:~ill pey all costs and expenses which may be incurred by or paid by the'"Lessoz in,enforcirg the covenants and agreements of this lease, in recovering possession of the demised premises or in the collection of delinquent rental, taxes and any and all other charges. 17. Liability insurance. That the Lessee shall procure, at its oum cost and expense, and maintain durinc the entire period of this lease, a policy or policies of com- prehensive public liability insurance, in an amount acceptable to the Chairman, insuring the Lessor and Lessee against all claims for personal injury, death and prooerty damage; that said policy or policies shall cover the entire premises; including all buildings, improvements and grounds and ali roadways or sidewalks on or adjacent to the demised premises in the control or use of the Lessee. The Lessee shall furnish the Lesser with a certificate showing such polic}• to be initially in force and shall furnish a like certificate . upon each rene~ial of such policy, each such certificate to contain or be accompanied by an assurance of the insurer to notify the Lessor of any intention to cancel any sucl; policy prior to actual cancellation. The procuring of this . policy shall not release oz relieve the Lessee of its responsibility under this lease as set forth herein or limit the amount of its liability under this lease. The notice to cancel shall be sent to the Lessor sixty (60) days prior to the date of cancellation. _g_ 18. Bond, performance. That the Lessee shall, at its or~n cost and expense, within ehirtY (30) days after the date of receipt of this lease document, procure and deposit with the Lessor and thereafter keep in full force and effect during the term of this lease n good and suf- ficient surety bond, conditioned upon the full and faithful observance and performance by said Lessee of all. of the terms, conditions and covenants of this lease, in an amount equal to two times the annual rental then payable. Said bond shall provide that in ease of a breach or default of any of the terms, covenants, conditions and agreements contained herein, the full amount of the bond shall be paid to the Lessor as liquidated and ascertained damages and not as a penalty. 19. Lessor's lien. That the Lessor shall have a lien on all the buildings and improvements placed on the said premises by the Lessee, on all property kept or used on the demised premises, r.~hether the same is exempt from execution or not and on the rents of all improvements and buildings situated on said premises for all such costs, attorney's fees, rent reserved, for all taxes and assessments paid by the Lessor on behalf of the Lessee and for the payment of all money es provided in this lease to be paid by the Lessee, and such lien shall continue until the amounts due are paid. -30- 20. lfortaaae. That, except as provided herein, the Lessee shall not mortgage, hypothecate or pledge the said premises or any portion thereof of this lease or any interest therein without the prior i~~ritten approval of the Board and any ouch mortgage, hypothecation or pledge without such approval shall be null and void. That upon due application and, with the i~iritten consent of the Lessor, the Lessee may mortgage this lease or any interest therein or create a security interest in the leasehold of the public land hereby demised. If the mortgage oz security interest is to a recognized lending institution in either the State of Haioaii or elsewhere in the United States, such consent may extend to foreclosure and sale of Lessee's interest at such foreclosure to any purchaser, including the mortgagee, without regard to whether or not the purchaser is qualified to lease, orm or other- wise acquire and hold the land or any interest therein. The interest of the mortgagee or holder shall be freely assigne6le. The term "holder" shall include an insurer or guarantor of the obligation or condition of such mortgage, including the Department of Housing and Urban Development through the Federal Housing Administration, the Federal National f•1ortgage Association, the Veterans Administration, the Small Business . Administration, Farmers Home Administration, or any other Federal agency and their respective successors and assigns or any lending institution authorized to do business in the State of Haiaaii or elsewhere in the United States; provided, that the consent to mortgage to a non-governmental -11- holder ¦hall not confer any greater rights oz po~•;ers in the holder than those which would be required by any of the alorementioned Federal agencies. 21. Breech. That time is of •the essence of this agreement and if Lhe Lessee shall fail to yield to pay such rent or any part thereof at the times and in the manner aforesaid, or shall become bankrupt, Or .shall ebandon the said premises, or if this lease an3 said premises shall be attached or otherwise be taken by operation of lair, or if any assignment be made of the Lessee'c property for the benefit of creditors, or shall fail to observe and perform any of the covenants, terms and conditions herein contained and on its part to be observed and performed, and such failure shall continue for a period of more than sixty (60) days after delivery by the Lessor of a i•~ritten notice of such breach or default by personal service, registered mail or certified mail to the Lessee at its last known address and to each mortgagee or holder of- record having a security interest in the demised premises, the Lessor may, subject to the , provisions of Section 171-21, Hawaii P.evised Statutes, at once re-enter such premises or any part thereof,. and upon or without such entry, at its option, terminate this lease without prejudice to any other remedy or right of action for arrears of rent or for any preceding or other breach of contract; and in the event of such termination, all buildings and improvements thereon shall remain and become the property of the Lessor. -12- 22. Right of holder of record of a security interest. In Lhe event the Lessor seeY,s to forfeit the interest created by this lease, each recorded holder of a security interest may, at its option, cure or remedy the default or breaeii within sixty (60) days from the date of receipt of the notice hereinnbove set forth, or within such additional period as the Lessor mny.allorr for good cause, and add the cost thereof to the mortgage debt and the lien of the mortgage. Upon failure of the holder to exercise its option, the Lessor may: (a) pay to the holder from any monies at its disposal, including the special land and development fund, the amount of the mortgage debt, together with interest and penalties, and secure an assignment of said debt end mortgage from said holder or if ormership of eueh interest or estate shall have vested in such holder by uay of foreclosure, or action in lieu thereof, the Lessor shall be entitled to the conveyance of said interest or estate upon payment to said holder of the amount of the mortgage debt, including interest and penalties, and ell reasonable expenses incurred by the holder in connection with such foreclosure and preservation of its security interest, less appropriate credits, including income received from said interest or estate subsequent to such foreclosure; - or (b) terminate the outstanding interest or estate subject to the lien of such mortgage, eiithout prejudice to any other right or remedy for arrears of rent or for any preceding or other breach or default and thereupon use its best efforts to redispose of the land affected thereby to a qualified and responsible person rrho grill assure the obli- gation of the mortgage and the debt thereby secured; pro- vided, that a reasonable delay by the Lessor in instituting -13- or prosecuting any right or remedy it may have hereunder shall not operate as a waiver of such right or to deprive it of such remedy r;hen it may still hope other rise to resolve the problems erented by the breach or default. The proceeds of any redieposition effected hereunder shall be applied first, to reimburce the Lessor for costs anti expenses in connection arith such redisposition;-second, to discharge in full nny unpaid purchase price or other indebtedness owing the Lessor in connection with such interest or estate terminated es aforesaid; and the balance, if any, shall be paid to the comer of such interest or estate. 23. Condemnation. That, if nt any time, during the term of this lease, or any portion of the demised premises should be condemned, or sequired for public purposes by any county or city end county, the rental shall be reduced in proportion to the value of the portion of the premises condemned. The Lessee shall be entitled Lo receive from the condemning authority (n) the value of grooving crops, if any, which he is not permittgd to harvest and (b) the ' proportionate value of the Lessee's permanent improvements so taken in the proportion that it bears to the unexpired term of the lease; provided, that the Lessee mayi in the alternative, remove and relocate its improvements to the . remainder of the lands occupied by the Lessee. The Lessee shall not by reason of such condemnation be entitled to any claim against the Lessor for condemnation or indemnity for leasehold. interest and all compensation payable or to be paid for or on account of said leasehold interest by reason of such condemnation shall be payable to and be the sole property of the. Lessor. The foregoing rights of the Lessee -31- . shall not be exclusive of any other to rJhich Lessee may be entitled by lav. tThere the portion so taken renders the remainder unsuitable for the use or uses for whieli the land i~a~ demised, the Lessee shall have the option to surrender this lease and be discharged and relieved from any further liability therefor; provided, that Lessee may remove the permanent improvements constrbcted, erecter and placed by it ~:~ithin such reasonable period as may be allor~ed by the Lessor. 2-0, ^ight to enter. The Lessor or Lhe County and the agents or representatives thereof shall have the right to enter and cross any portion of said demised land for the purpose of performing any public or official duties; provided, ho~:~ever, in the exercise of such rights, the Lessor or the County shell not interfere unreasonably with the Lessee or Lessee's use and enjoyment of the premises. 25. Inspection by prospective bidders. The Lessor shall have the right to authorize any person or persons to enter upon and inspect the demised premises at all reasonable times follo~~ina a published notice for the proposer disposition of the same for purposes of informing, and apprising such person or persons of the condition of said . lands preparatory to such proposed disposition; provided: hoe~ever, that any such entry and inspection shall be conducter during reasonable hours after notice to enter is first given to the Lessee, and shall, if the Lessee so requires, be made in the company of the Lessee or designated agents of the Lessee; provided, further, that no such authorization shall be given more than tiro years before the expiration of the term of this lease. =15- 2G. Aecentence of rent not a waiver. That the acceptance of rent by the Lessor slinll not be deemed a waiver of any breach by the Lessee of any term, covenant or condition of this lease, nor of the Lessor's ziglit to re-entry for breach of covenant, nor of the Les~oz'e rinht to 4eclare and enforce a forfeiture for any such breach, and the failure of the Lessor to insist npon•strict performance of any such term, covenant or condition, or to exercise any option herein conferred, in any one or more instances, shall not be construed as a waiver oz relinquishment of any such term, covenant, condition or option. 27. Extension of time. That notaritlistanding any provision contained herein to the contrary, wherever appli- cable, the Hoard may for good cause shorm, allot. additional tine beyond the time or times specified herein to the Lessee, in r~hich to comply, observe and perform any of the terms, conditions and covenants contained herein. 28. Justification of sureties. Such bonds as ' may be required herein shall be supported by .the obligation of a co;porate surety organizec+ for the purpose of being a surety and qualified to do business as such in the State of Eamaii, or by not less than trio personal sureties, corporate or individual, for which justifications shall be filed as provided in Section 76-20, flar;aii Revised Statutes; provided, however, the Lessee may furnish a bond in like amount, conditioned as aforesaid, executed by it alone as obligor, if, in lieu of any surety or sureties, it shall also furnish and at all times thereafter keep and maintain on deposit with the Lessor security in certified checl:s, certificates -16- of deposit (payable on demand or after such period as the Lessor may stipulate), bonds, stocks or other negotiable securities properly endorsed, or execute and deliver to said Lessor a deed or deeds of trust of real property, all of such eharecter as shall be satisfactory to said Lessor and valued in the aggregate at not less than the principal amount of acid bond. it is agreed that the value at which any securities may be accepted and at any time thereafter held by the Lessor under the foregoing proviso shall be determined by the Lessor, and that the Lessee may, t~ith the approval of the Lessor, exchange other securities or money for any of the deposited securities if in the judgment of the Lessor the substitute securities or Honey. shall lie at least equal in value to those withdratm. it is further agreed that substitution of sureties or the substitution of a deposit of security for the obligation o~ a surety or sureties may be made by the Lessee, but onl}~ upon the written consent of the Lessor and that until such consent be granted, which shall be discretionary with the Lessor, no surety shall be released or relieved from any obligation hereunder. 29. t~7aiver, modification, reimposition of bond provision. Upon substantial compliance by the Lessee of the terms, covenants, and conditions herein contained on its part Lo be observed or performed, the Lessor at its discretion may waive or suspend the performance bond and/ot improvement bond requirements or modify the same by reducing the amount thereof= provided, however, that the Lessor reserves the right to reactivate or reimpose said bond and/or bonds in and to their original tenor an8 form at any time throughout the term of this lease. -17- 30. Quiet enjoyment. The Lessor hereby covenants and agrees with the Lessee that upon payment of said rent at the times and in the manner aforesaid and the observance and performance of the covenants, terms and conditions hereof on the part of the Lessee to be observed and performed, the Lessee shall and may have, hold, possess and enjoy the demised premises for the term hereby demised, without hindrance or interruption by the Lessor oz any other person or persons lawfully claiming by, through or under it. 31. Surrender. That the Lessee shall, at the end of said term or other sooner termination of this lease, peaceably deliver unto the Lessor possession of the demised premises, together with all improvements existing or constructed thereon unless provided otherwise. 32. Non-warranty. The Lessor does not warrant the conditions of the leased premises, as the same is being leased as is. 33. Sncorporation by reference. references to various parcels of land herein are in accordance with those designated in the Notice of Sale and the Conduct of Sale which, together with the Special Notice to Bidders are incorporated herein and made a part hereof. The terms of this lease shall govern where there is any inconsistency between the terms thereof and the terms contained in the Special Notice to 9idders. -18- d 34. Improvements. That the Lessee shall, at its own cost and expense, within two (2) years after the date of sale, complete the construction of masonry or new materials, together with all necessary aavinc of oarY.inc = BreaS and ner±neter fenrinn - = at a cost of not less than ONF HUNDRED AND FIFTY THOUSAND DOLLARS ($150.000.00 1, in accordance with such plans and specifications submitted by the Lessee to and approved by the Chairman of the Board of Land and Natural Resources and in full compliance with all laws, ordinances, rules and regulations applicable thereto. 35. Bond, improvement. That the Lessee shall, within thirty (30) days after the date of receipt of this lease document, procure and deposit with the Lessor a surety bond in the amount of THIRTY-SEVEN THOUSAND FIVE xUNDRED i~ P' 1 DOLLARS ,500.00 acceptable to the Chairman, which bond shall name the State as obligee, conditioned upon the faithful observance and performance o£ the said building requirement contained herein, the completion of such building and improvements on or before the specified date of completion free from all liens and claims and that the Lessee shall save and hold the State harmless from all liens, suits, actions or damages arising out of, caused from or attributable to such work performed pursuant to said building requirement. 36. insurance. That the Lessee will, at its own expense, at all times during the term of this lease, keep insured all buildings and improvements erected on-the land hereby demised in the joint nrmes of Lessoz, Lessee and Mortgagee, if any, as their interest may appear, against loss or damage by fire including perils specified in the extended coverage endorsement and in an amount equal to the maximum -19- insurable value thereof, and will pay the premiums thereon at the time and place the same are payable; that the policy or policies of insurance shall be made payable in case of loss to the Lessor, Lessee and tIOrtgagei„ if any, as their interests may appear, and shall be deposited with the ?aortgagee; and that any proceeds derived therefrom in the event of total or partial loss shall be immediately available to, and as soon as reasonably possible, be used by the Lessee for rebuilding, repairing, or otherwise reinstating the same buildings in a good and substantial manner according to the plans and speci- fications approved in writing by the Board; provided, however, that with the approval of the Lessor, the Lessee may surrender this lease and pay the balance owing on any mortgage and the Lessee shall then receive that portion of said proceeds which the unexpired term of this lease at the time of said loss or damage bears to the whole of said term, the Lessor to retain the balance of said proceeds. The Lessee shall furnish to the Lessor and l9ortgagee, if any, with a certificate showing such policy or policies to be initially in force and shall furnish a like certificate upon each renewal of such policy or policies, each such certificate to contain or be accompanied by an assurance of the insurer to notify the Lessor and Itortgaqee, if any, of any intention to cancel any such policy or policies, prior to actual cancellation. -20- ~ 37. Landscaping. The Lessee shall at its own expense, landscape and maintain the leased premises to the satisfaction of the Lessor. 38. Consolidation Requirement. The Lessee shall consolidate parcel(s) of TMK: , in accordance with the applicable ordinances of the County of Hawaii. 39. Setback Requirement. All building setback lines and parking requiremnts shall be in accordance with and conform to the County of Rawaii minimum standards. _z}_ Definitions. As used herein, unless elaarly repugnant to the eonte;:t: (a) "Chairman" shall mean the Chairman of 'the Board of Land •nd Naturel Resources of the-State of Hai;aii or his successor; (b) "Lessee" shall mean and include the Lessee herein, its heirs, executors, administra;ors, successors or cermitted assigns, according to the context hereof; (c) "Holder of a record of a security interest" is a person who is the owner or possessor of a security interest in the land demised and who has filed with the Department of Land and Natural Resources and with the Bureau of Conveyances of the State of Ha~;aii a coot' of such interest; (d) "Premises" shall be deemed to include the land hereby demised and all buildings and improvements no~~; or heze- lnafter constructed and installed thereon; (e) The use of any gender shall include all genders, and if there be more than one lessee, then all words used in the sinquler shall ertend to and include the plural; (f) The paragraph headings throughout this lease are for the convenience of the Lessor and the Lessee and are not intended to construe the intent oz meaning of any of the provisions thereof. - (g) `Haste" shall be deemed to include, but not limited to, (1) permitting the premises or any portion thereof to become unduly eroded and/oz failure to take proper nre- ceutions or make reasonable effort to prevent oz Correct same; (2) permitting eny material increase in noxious weeds in un- cultivated portions thereof and (3) failure to employ all of the usable portions of the demised premises. - ~ZZ- . IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed this 30 i°' day of ©~oQ,,,,, , 198_. STATE OF HAF7AQI Z BY • CIGs~~o - - C~ airman an 'teruer At'PAOVeD Dv TFIE eoARD of Board of Lana 'and LAND AND NAl"IiHAL RESOURCES Natural RESOUICes AT ITS MEEI~Ii:G HELD ON - ` By .e e Board of nd an Natural sourc LESSOR A DA CONTIUCTOR, I C. NAyy~ E HARADA, dent~Treaeurer AY ~FbiSN ~Te~Pice ~residen't LESSEE APPROVED AS TO FOR:f: - Deputy rney Genera Date aD /8~[9NO _ -23- ~ STATE OF HAWAII ) SS COUNTY OF ) On this day of . 19_, before me personally appeared and to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged that executed the same as free act and deed. otary Pub ic, Judic a Circuit, State of Hawaii My commission expires: STATE OF AAWAII ) SS COUNTY OF ) On this /s~ day of (~~~-p,~e,, 19 ~O . before me appeared a„ and _ ~ to me personally knownY,7who, being by me duly sworn, did say I that they are the _ / ~~°si~rr~9~-~/%/-/~i~Sui e~ and ~ s~ ~~/i/~'c' /~//E'S~~~P.i/~~ respectively, of /y ~a ( ah~~~G~p.- 7~ , and that the seal affixed to the foregoing inst;ument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Direc/t~ors, and the said ~ „~~y~~°_ ~/(a< and _ ~ c~~N~~_ /7c'i~iz~~j~-~ T acknowledged that they executed said instrument as the froe act and deed of said corporation. y y / Not y Public, Judicial Circuit, State of Hawaii My commission expires: Sl-~v' 24 N ,ri y STATE OP HAWAII DEPARTIfEi1T OF LAUD AI!D NATURRL RESOURCES GEC7ERAL LDASE C?O. 5-4665 between STATE OF 1!Ai'7AII and H, HAFADA CONTRACTORS, INC. a Hawaii corporation covering Lots 6 and 8, Block 90, A'aiakea Industrial Lots Situate at Waiakea, South Hilo, Island of Hawaii, G.L. Rev. Clov. 197 :i ~ ~ • TABLE OF CONTENTS Page TER11 OF LEASE ANNUAL RENTAL 2 REOPEt7ING OR ANNUAL RE47TAI. 2 RESERVATIONS: 1. Itinerals and waters 3 2. Prehistoric and historic remains 4 3. Withdrawal 4 AGREEIfEHTS b COVEPIANTS BETWEEtd PARTIES: 1. Payment of rent 5 2. Taxes, assessments, etc. 5 3. Utility services 5 4. Covenant against discrimination ~~5 5. Sanitation 6 6. t7aste and unlawful, improper or offensive use of premises 6 7. Compliance with la~~~s 6 6. Inspection of premises 6 9. Improvements 6 10. Repairs to improvements 7 11. Liens 7 12. Character of use 7 13. Assignments, etc. 7 14. Subletting 8 15. Indemnity 8 16. Costs of litigation 9 17. Liability insurance 9 18. Bond, performance 10 ' 19. 'Lessor's lien 10 -i- TAHLE OF CONTENTS (cont'd) Page 20. i~iortgage 11 21. Breach 12 22. Right of holder of record of a security interest 13 23. Condemnation 14 24. Right to enter 15 25. Inspection by prospective bidders 15 26. Acceptance of rent not a waiver 16 27. Extension of time 16 28. Justification of sureties 16 29. Haiver, modification, reimposition of bond provision 17 30. Quiet enjoyment 18 31. Surrender. 18 32. Non-warranty 18 33. Incorporation by reference 18 34. Improvements 19 35. Bond, improvement 19 36. Insurance 19 37. Landscaping 21 38. Consolidation requirement 21 39. Setback requirement 21 DEFINITIONS 22 SIGNATURE PAGE ' 23 ACKNO~JLEDG.fENT PAGE 24 -ii- ~ ~ . _ C STATE OF HAWAII SURVEY DIVISION HAWAII FILE DEPT. OF ACCOUNTING AND GENERAL SERVIC ES ,IUly 29, 19BO C.S.F. N°. NONOLULU CARTON 154 WAIAKEA INDUSTRIAL LOTS LOTS 6 AND 8, BLOCK 40 Waiakea, South Hilo, Island of Hawaii, Hawaii Being a portion of the Government (Crown) Land of Waiakea. Beginning at the northeast corner of this parcel of land, the southeast corner of Lot 4, Block 40 of Waiakea Industrial Lots and on the southwest side of Railroad Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 2843.00 feet South and 11,942.44 feet East, thence running by azimuths measured clockwise from True South:- 1. 341° 00' 211.52 feet along the southwest side of Railroad Avenue; 2. 90° 00' 256.31 feet along Lat A, Block 40 of Waiakea Indus- trial Lots; 3. 180° 00' 200.00 feet along Lots 7 and 5, Block 40 of Waiakea Industrial Lots; 4. 270° 00' 187.44 feet along Lot 4, Block 40 of Waiakea Indus- trial Lots [o the point of beginning and containing an AREA OF 44,374 SQUARE FEET. SURVEY DIVISION DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES STATE OlF HAWAII/~ I chiro Sakamoto Land Surveyor ac Compiled from Govt. Survey Records. EXHIBIT L6A'0 - R ~ TRUE NORTH Q Stale ~ I in. • So ft P~~NJ~ ¢ P' ~F~ o p,0 Z~~.sz ~a) ~ _ o a , 9A..~,O 4, E ~O~AZ P~~ D HP~ ~t d 5 r LOT 6 LOT 8 j f 44 374 ~ 5Q. FT. _ ao Q N 4 ° 0 o C~~Pv µ o ~ \~pv5 + 0 J i \P~~ P ~ ,rl P 3 5 7 WAIAKEA INDUSTRIAL LOTS LOTS ro AND S, BLOCK 40 Wai akea, South Hilo, Island o~ Nawaii, Hawaii Seale~linch=50{ee} JOB H~252 (90) C. BK TAX MAP z-z~3~~~a SURVEY DIVISION 'EXHIQIT if6s'1 DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES -HAWAII FILE OARTON -.54 STATE OF HAWAII -~.s. i~ul 29, 19ac / I ~ /i ~ II ~ I ~ + ~i i ~ ' / ~ 4i ~ ~ ! f 5 ~ ~l \ li ~Lp ~ ~(NDUSTRIAL ~ D~a/ELOPMENT ~ ~ LE 1 LAN 1 ~ i 5TREET ~j ECT1oN i 4 ' ~ ~ ~ ~ , i ~ ~ / P ~ ~ V ~ V ~ N ~ STREET ' 270 00~ 217.80 2 649.00 5 12'75•%9 E 1.1 Sex6 " NALa.I " L•d ~ aQ~ i ::7 0 O ~ O- O 4 ~ 61,7 9E SQ. FT. ~ ~ MANA QUARK ~ S1TE O o c~ ~ Issz~~ 0 r~ ~ " ~ a, ~ Q ~ M,Q,~.ptt~ ~O~d' h ~ G x y d G ~ ~o' OO' 217.80 ~ ~ a A ~ CoUNTY PARKS ~ MA1 NT>=NANCE SECTIOII SITE ~L, Governors Executive Order 2283 ~CSF 14944) O _ o i A ,1P csf 16ooz~ ~ - i FHB- MQI~ _:.7 AD4 r9Y :10. BjR, F, X90°0000' w~B3 ...?'!0°00'00. • Q?At - - - - y \ ~ ,4 $ . ~ o ~ ~ \ " HAZARD C~ SHA~TERtAL 9/A'FIP£ D IN GONG. p O, ' ,fir . (PNDJ . ? ~ r ~ ~ / ~ oo~ 7~ V ~g 6 Or\ ' pF,p~~~'~'~ ~6 ~ i ' \ . ~ \ 1 \ \ ~rn ~ ~ 3/4'PtP@ i i pppp ;;m ~ (JVERHANL r G7 . r~.<, µ 11'f ~ W ' ` ~ a ~ ~a ~ prg vi W ...m e:ox:axnr.-'a. ,ar. .r.~•5.~,.,..a,.. -.ere-.~_.-v. •e~•~°w<,-s:...r -.,.~•~->:...~E. .,z..Y.my.;.-._.1~.«+~.,mr.~+_ ~zsee fit, , - E.w 1oA~ : +a _ _ _ ~ i _q (f sc r- _D 1O ,N y_n~da Co /..+c h. ~6/ _ n..._ 4.• (JAM _ /nr) ' ` -e ~ 'Msi-s ~ - c~ ,a~..~.... a a OL 3-ILLS' ~ ~ t Ts~ %.C 4 ~Cdg 2 ~ t xl ` ~ Gi 3 ~G 97 F ; 9'1 -r- - n Pi '2. ~~i. k: DL h.vrv- pc<-/ I ~~~v.f ~~l l y..l c i.~ ^ ~ Si.i 5e 3 '-ICJ. ' I / ~ r_.: 3y i/4 f% o2d4 _ a , / / i ~+s I _ 3~e.»_ / s a 3s. !.eoGtnrM ebmada)!e. - , d-r/+=~._ J/c t ^ - _ < ~ .I47 I^ ' ton G.C. f-.jJ~gj o... ^f . 7 ~ ~ I° v~ J. / J J i e e s <j~ I : c 1 - ? . - ~o5~a ~ i r 59i :n, soe ^ ^ Ill +l 111 V \ 9 f) .oa ~ r_eca=54 y? I GI 1 V G coC~` 4 ~ _ ~ a - nu _ _ _ a I . I L a\ E .:.nV J - - !r.. r ?2J~' ar l:P.,. ~ :.l,r w `-'90,. •3 !n ~ T: 65 SS _ r4 /,'732 l I I':5 3 ~ aa,-5 ~ I - 1= 54 _ -f~3_ ~ 15_2 IJSi I50 4c :.a~~~ _ ~ - i.'. O - - - Chi _ . e'-...' - ~+~e 1 ~ 1 I Y V\ _ I .v c - R.l aa_e~ /r>H PSI / y 2 ~ I ~T ~ I .t~ I airom~ Yilmanana ¢sarty,:+c I f CT I ~;V n'~ I`I~~ y m r ~ m IO tsa /9.?co'F III N1 l ~ O I iL Q I u 1 'F;,~! sV e 0~3,r. r r 1; ~ ; .i I ` ~k i ry 1; ` ~ 1 223oC C' ~ ~ ' SI I r.~- ~ - 7-f-=~- a~z~-~-t,~2Ri_L ~24.~. I=I _v I~~s' ,.~,r - ~ i TRUE NORTH Stale ~ I in.=so Ft. i Y\ ` f`\17 4'. k~ i 0o E 2%k ~P~" ~ NP j ~ ~ 5 r ~ O ~r ~i-,; LOT 6 LOT 8 i f 44 X74 SQ_ FT. Q _ o a N ¢ o a 0 ~ ~ P,~. J r: i ~ G _ .:r , P` P~~P 3 5 ~ y ••....wvern twt nltCTR1~) 1_[]'f'S y F~ ~ X00 (3 0 5' - 4 ~ 4 t5 a s o g 3„ #i B~ w , a & vsap ~ e_ v r v ~t < " ~ r' # - d #o ~ # j AYE f ,Y} nF --A : ~ '1 t~ 2 w Z Im~ ~~i ~u _ ~ ~.II i ~ tip g _ 2 ~ ' I it ',{~g 21 i ' V ~ 5 ~ 8 e i`E < ~g ,tag. ~r~ j`(~.a~ ~ ° ~~p'~ A D ~ S1e~~. ~ k'4 v 1FV. i ~Y ~ ~,i e = di Vii' I ~ ~ CI _ z S :t : ~ ~ i ~~,x ( M ~ ,f ~ 2 I ~`"3i I _ ~ "c ~{3.25 r' a ! F'~ x I ; ~ ° ~ ~ ~ ~ ~ V ~ry Y 4 U. ( 1 ~ y ~N a ~ i lad ?N I" ~ X17 , \ v i 3~3 li tz ~ Y~~i g IkI i ~ 2 ~ a l ~ - ~ ~ ~4 I~ , Qa R ~ ~z t !5 vv r CR / ~ ~ -4. _ o n ~ eD ~o a, y ~ ~ N ~G N yZ J~1 V 0 , ~O. • 6k 1 Harry Kim Muyar % Dennis K. W. I,ee r"~' i / ±Yf pp~NP~ LLITlIT[~'~1 Q~ ~~I~11tIti DEPARTMENT OF PUBLIC WORKS 25 Aupuni Slreet, Room 202 • Hilo, Hawaii 96720-4252 (808) 961-8321 • Fax (808) 96L8630 MEMORANDUM DATE: October 15, 2001 TO: Pat Engelhard, Director Parks and Recreation Department FROM: Dennis K. W~ Lee, P. E., Director SUBJECT: LAND SWAP WITH MEADOW GOLD PROPOSAL P & R Baseyard Property on Railroad Avenue As directed by the Mayor, I am responding to a proposal of a land swap with Meadow Gold (see enclosed email dated October 2, 2001, and the memorandum from Glenn Sadayasu to you dated September 5, 2001). A field visit was conducted on October 10, 2001, by you and I to assess this proposal. The detailed assessment on the properties are enclosed. The Department's recommendation is to move forward with this land swap. The Department of Parks and Recreation wilt truly benefit from this action. The detailed assessment specifies a few follow-up actions to better define the agreement and reduce liability to the County of Hawaii i? accepting the Harada property. Detailed Assessment on Land Swa Proposal Meadow Gold to Acquire P & R Property P & R to Acquire Harada Property Meadow Gold to Acouire P & R Property Meadow Gold property is under General Lease S-4662 between State of Hawaii and James C. Wo (see enclosed lease agreement). The property is 61,779 square feet in size (1.418 Acres). The property is used to process milk and is consistent with the lease use condition of general industrial purpose. The lease term is 55 years, commencing on August 28, 1980 and terminating on August 27, 2035. For the first 20 years, the lease rent is $27,200 per year. The 20`x, 30`x, 40~h, and 50"' year lease rents are redetermined. Memo to Pat Engelhard Page 2 October 15, 2001 According to the email message, Meadow Gold proposes to increase milk processing capacity and is interested in acquiring part of P & R Baseyazd property (see enclosed Executive Order No. 2283). The P & R property up for land swap is mostly vacant, containing an open equipment garage and hazardous materials shed. The exact size for acquisition by Meadow Gold is unknown and requires a land survey by Public Works to determine the exact size. The approximate size is 0.3 acre (150' x 90'). The equipment gazage requires relocation and the hazardous material shed requires demolition as part of the hand acquisition by Meadow Gold. P & R to Acquire Harada Property Harada Property is under General Lease No. S-4665 between the State of Hawaii and H. Harada Contractors, Inc. (see enclosed lease agreement). The property is 44,374 square feet in size (1.019 Acres). The property is used as the construction business site, including the business office, equipment and materials storage site, and repair/maintenance shop and is consistent with the lease use condition of general industrial purpose. The lease term is 55 years, commencing on August 28, 1980 and terminating on August 27, 2035. For the first 20 years, the lease rent is $22,500 per year. The 20~h, 30'h, 40~', and 50~' year lease rents are redetermined. The site visit found the property being cleaned (see enclosed TMK). Two old structures were demolished and materials and equipment were scattered over the property. A warehouse building is located on the north side of the property. It is old and needs rehab work (rust maintenance mostly). It is large enough to meet P & R needs. Also on the property is a hazardous materials storage shed. It is about twice the size of the one existing on the P & R property and will take very little effort to bring it up to OSHA standards. A drywell sump is located between both structures and adequate for drainage of that property. The south side of the property requires new fencing, about 256 linear feet. The improvements to existing structures on the Harada property will not cost a lot of money. The possible contamination soil clean-up may be extensive, as witnessed by oil spots over the property. Rodney Harada has done a hazardous waste evaluation of the property in 1988. He will pass this document on to me. The lease agreement specifies that the premises be strictly clean and sanitary. It also specifies that Harada comply with all County, State and Federal laws. Harada will be responsible for any clean up. Rodney Harada had indicated during the site visit that they will clean the property off of all materials and equipment. He wants to sell the warehouse for $129,000. He is not asking anything for the hazardous materials storage shed. DKWL:jjs ~ Meadow Gold Dairies DEPARTh,fEPJT O; FI~J~',; J^E.~. January 23, 2003 nor:: , .IAN..2-~.'~, r,~~ [ Mr. William Takaba Director of Finance I"`` ` ~ - - _ . r;u: - - County of Hawaii _ Dear Bill, Please accept this letter as confirmation that Meadow Gold Dairies has agreed to pay the sum of $129,000 (ONE HUNDRED TWENTY NINE THOUSAND Dollars) to the County of Hawaii in consideration for the County's agreement to assign its rights under the lease of a 22,011 sq. ft. parcel of land contained within the County Parks Maintenance Section Site, Governor's Executive Order 2283. Reference attached maps. Additionally, as a part the consideration for the County's assignment of its rights under the lease to such area and in response to the County's request, Meadow Gold has agreed, at its expense to relocate a Parks and Recreation office building located on the above mentioned parcel, to the Harada Property. Meadow Gold will open an escrow account at an escrow company acceptable to the County and deposit into the account the sum of $10,000 (TEN THOUSAND DOLLARS). The County shall have the right to withdraw the deposit from the escrow before closing. We understand that this proposed exchange between Meadow Gold Dairies and the County is conditioned upon the County's successful purchase of the Harada base yard property (attached map Lot 6 & Lot 8). Meadow Gold is looking forward to the future expansion of its milk plant to accommodate the growth of the Big Island milk industry. Thank you for your advice and support. Si rely Yours, ~ <~li~-- avid Yee Big Island Branch Manager Cc: Pat Engelhard, Glenn Sadayasu, Rodney Harada, & Karlyn Hamamoto I t RmlmaJ Aecnuc Hilo, Haw-~iiI967Z0 (808) 935-5481 (818) 96]-3246 fax ~~PflttillP 1` YdPY ~A. ~rt#ing ,~ttidr +rttnd fnr ~uhlir ~urpn,~r~ ~y this f~xerutiae (~rLer, J, the uaileraignea. (~naernar of the Mate si' 3Hawaii. Section 103A-11, R.L.H. 1955, as amended, by virtue of the authority in me vested b'/~a.-99~~a~~aw~,€#[aw~m, and every other authority me hereunto enabling, do hereby order that the public land hereinafter described be, and the sarne is, hereby see aside for the following public purposes: FOR COUNTY PARKS MAINTENANCE SECTION SITE, to be under the control and management of the Department of Parks and Recreation, County of Hawaii, State of Hawaii. COUNTY PARRS MAINTENANCE SECTION SITE Waiakea, South Hilo, Hawaii Being a portion of the Government (Crown) Land of Waiakea Beginning at the northeast corner of this parcel of land, the west corner of Mana quarry Site, and on the south side of Leilani Street, tha coordinates of said point of beginning referred to Government Survey Triangulation Sta- tion "HALM" being 2643.00 feet South and 12270.90 feet East, as shown on Government Survey Registered Map 2566, thence running by azimuths measured clockwise £rom True South:- 1. 341° 00' 497.08 feet along Mana Quarry Site; 2. 90° 00' 312.71 feet along Government Land; 3. 161° 00' 197.08 feet along the northeast side of Railroad Avenue; 4. 270° 00' 217.80 feet along Government Land; 5. 161° 00' 300.00 feet along Government Land; 6. 270° 00' 9~a. 91 feet along the south side of Leilani Street to the point of beginning and containing an AREA OF 1.956 ACRES. Vehicle access into and from Leilani Street shall not be permitted over and across Course 6 of the above-described parcel of land. SUBJr;CT to disapproval by the Legislature by two-thirds vote of either the Senate or the Fiouae of Representatives or by majority vote of both, in any regular or special session next following the date of this Executive Order. 81n 3~LYneaa 3~I~ereaf, I have hereunto set my hand and caused the Great Seal of the State of Hawaii to be atlixed. llone ac the Capirol at Honolulu this _ day oL ;_CUy c~-=-f~ Nineteen Hundred and Approved us to form'. Governor oL thr State of Hawnu h /J~' Tt Deputy Attouiey General ?r00£ECi by:,, Dat@d• '~L-%~ :Jtttle Uf xMlltFltt (teffire of tlTe $iieuienant (5avernnz h'('.. . P_ti.: 61hi& 29 In ffeClify That the within is a true copy of Executive Order No....____.____ setting aside land for public purposes, the original of which is on file in this office. Jett UlPatimnny 'f~herenf, the Lieutenant Governor of the Stale of Hawaii, has hereunto subscribed his name and caused the Great Seal of the Sta [e to be affixed. DONE in Hono]ul u, this day of Lr/, C 2i w ~ ~ rs A R ~ti n ,3 ~ a +=r ~ w ~ h b a v I a a ' ca c i Fl ~ `~i. 5 ,C ~ N 4~, r ~ ~ ayaO ~~~ST ~ ..i ST ~l ~ LoT e x o ~p'C io ~E ~ ~ o \b~ e~"e Er o ~ z 4' 0~ s` ~Ft- _ r '~e, oro F~ u, yew N ~A i' ~ S' MFNr y LoT 7 LElLANI ST2EET 2~0° oo'- ~4.%1 ~B6 a3.oo 9 ~ ~22~0.9o E C "-Se iFack Lime ~.HAl A1' 4 ti~ W C ~ ~ Il - l) ~ Governmen} Land UI h ~ General Lease aa1% ~ 0 }o Rile ~r.tals ~o., Ltd. c MANA QUARRY SITE 4 ~ /cs~ ~.~581~ °C CGS_P. 12921 O I\ R ~i, General Lease L-3574 G~ m I -r ,.I ~ .u °ie 1 S~ J m o.a o 0 " r Z 0_.~m,~~ ,.'o /C ~ K ~ AREA = L°~56 Acres u ~ „ m 0 r 0 v. iO o ~ 90° oo' 3~2. 71 Q n W F _ 'nb 4 Vi.yamad~ G ACV °rn~n~cn1 Land ~ sF~~ai- Q ~ ~ 'r.sr i. -eo~ral ..°aSe 5-362G ?o Q T~~~ ~ ~fawai+an Ed.ui~m enF - L+d. , c9., ''.3344 i~ - - _ COUNTY PARKS MAINTENANCE SECTION SITE - Waiakea, sough Hilo, Hawaii seaic I inch ='CQp {'eei' JOB 3476