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HomeMy WebLinkAboutRES 168 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 1~&8 0~ RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO NEGOTIATE A LEASE OF REAL PROPERTY, ALONG THE NORTH CORNER OF THE INTERSECTION OF KAWILI AND KAPI`OLANI STREETS, IDENTIFIED BY TAX MAP KEY 2-4-57:POR. 01, TO THE HAWAII ISLAND VETERANS MEMORIAL, INC. WHEREAS, the County of Hawaii is the owner of a real property parcel along the north corner of the intersection of Kawili and Kapi'olani Streets, identified by Tax Map Key 2-4-57:Por. 01; and WHEREAS, the Hawaii Island Veterans Memorial, Inc., anon-profit organization, desires to lease that property from the County, for the purpose of construction and development of a Combined Veterans Center, Veterans Housing, and other related purposes; and WHEREAS, Section 2-120 (a)(2) of the Hawaii County Code provides that the Council of the County of Hawaii may, by resolution approved by a majority of its members, direct the finance director to negotiate the lease of real property to nonprofit organizations, at such rentals and on such terms and conditions as deemed proper; and WHEREAS, Section 2-120 (b) provides such lease of real property to nonprofit organizations may be made without the notice or appraisal as required in Chapter 2, Article 19 of the Hawaii County Code. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in accordance with Chapter 2, Article 19, Section 2-120 (a)(2) of the Hawaii County Code, the Director of Finance is hereby authorized to negotiate a 5-year lease (with renewal options of 5-year increments) with the Hawaii Island Veterans Memorial, Inc., a nonprofit organization, without notice or appraisal, for the property identified by Tax Map Key 2-4-57:Por. 01. BE IT` FURTHER RED®~V~®, that the Honorable Harry Kim, Mayor of the County of Hawaii, is hereby authorized to execute said lease agreement on behalf of the County of Hawaii following its approval by the Council as noted herein. BE IT FURTrFiER RED®LVE®, that the Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Departments of Finance and Parks and Recreation and to the Hawaii Island Veterans Memorial, Inc., 66 Wainaku Avenue #5, Hilo, Hawaii 96720. Dated at Hilo ,Hawaii, this 21st day of January 2005 . INTRODUCED BY: COUNCIL MEMBER, COU TY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawai` i AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the RIGA X vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN X the County ofHawai`i on Jant~rv 21, 2005 • HOLSCHUH X IKEDA ATTEST: ISBELL X JACOBSON X PILAGO X SAFARIK X . / 9 0 0 0 Reference C'546~I'C-24 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~~~5~ ~~`I00~1°i ~5~~~~ ~/~$~1°~1'9~ ~6~1'ii®1°i~~~ ~i1C¦ PARAGRAPi~ PAGE A. The Lessor Covenants and Agrees with the Lessee: 1. Quiet Enjoyment 3 2. Term 3-4 3. Rent E. The Lessee Covenants and Agrees with the Lessor: 1. Utility Services 2. Covenant Against Discrimination 4 3. Sanitation, Etc. ~ Waste and Unlawful, Improper, or Offensive Use of Premises ~ 5. Compliance with Laws, Etc. ~-5 6. Inspection ofPremises 5 7. Improvements 5 8. Liens 5 9. Assignments, Etc. 5 10. Mortgage 6 11. Indemnity 6 12. Liability Insurance ~ 13. Maintenance ~ 14. Written Consent Required for Repairs and Renovations 7-8 15. Costs of Litigation 8 16. Entry by Lessor 8 17. Contracts for Construction 9 18. Condition of Premises 9 19. Notice 9 20. Use 9-10 21. Property flax 10 22. Records 10 23. flax-Exempt, Non-Profit Status 10 2~. Personal Property 11 25. Personnel 11 26. Surrender 11 27. Non-Waiver 11 28. Hold-over 11 29. Abandonment 11 30. Destruction, Etc. 11-12 31. Condemnation 12 32. Ereach and fiermination 12 33. Headings 12 34. Complete Agreement 12-13 35. Lessee Not an Agent of Lessor 13 36. Forum Selection 13 2 THIS LEASE AGREEMENT, made this day of , 2004 by and between the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, by HARRY KIM, its Mayor, whose mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter referred to as LESSOR, and HAWAII ISLAND VETERANS MEMORIAL, INC., community based, non-profit veterans organization, by its President, Francis Pacheco, whose mailing address is 66 Wainaku Avenue #5, Hilo, Hawaii 96720, hereinafter referred to as LESSEE; WIT1eTESSE~'1EI: That the Lessor does hereby lease unto the Lessee the premises described as the area along the north corner of the intersection of Kawili and Kapiolani Streets, Tax Map Key No. (3)2-4-57:Por. O1, 5.615 acres, and more particularly described in Exhibit 66A'~ attached hereto and made a .part hereof. To have and to hold the demised premises during the period March 1, 2004 through February 28, 2009. A. THE LESSOR COVENANTS AND AGREES WITH THE LESSEE: 1. quiet Eni®vBnent. That the Lessor hereby covenants and agrees with the Lessee that upon 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 or any other person or persons lawfully claiming by, through, and under it, except for the Lessor's right of entry to make repairs, improvement, and inspections as set forth herein. 2. `)Ce~-m. The term of said lease shall be for a period of 5 years with renewal options of 5 year increments, unless sooner terminated by either the Lessor or Lessee giving to the other at least thirty (30) days previous notice in writing of intention to terminate this 3 lease. On site construction. shall begin prior to February 28, 2008, which is within the first ~ years of this agreement. 3. Rent. The Lessee hereby covenants and agrees to pay the sum of $1.00 per yeaz for the term of this lease. E. THE LESSEE COVENANTS AND AGREES WITH THE LESSOR: 1. Utility Services. That the Lessee shall pay when due, all utility charges, duties, and rates of every description, including water, sewer, gas, electricity, refuse collection, or any other charges, pertaining to said demised premises, or any part thereof, or any improvements thereon. 2, Cout A ag inst ~iscriaaenata®ne That, except as may be provided in this lease or by law, the use and enjoyment of the premises shall not be in support of any policy which discriminates against anyone based upon race, creed, color, religion, sex, handicap, national origin, or familial status. 3. Sanitatioaa, Etc. That the Lessee shall keep the demised premises in a strictly safe, clean, sanitary and orderly condition, in compliance with all applicable standards of the county, state, and federal governments. 4. i~aste and Unlawful, Ianpro erg®r ®ffensive Use of Premises. That the Lessee shall not commit, suffer, or permit to be committed any waste, 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 said premises. 5. Com~pliaaflee vvlth Laws, Etc. That the Lessee shall comply with all of the requirements of all county, state, and federal authorities and observe all county ordinances and state and federal statutes, pertaining to the said premises, and pertaining to the Lessee's 4 activities, now in force or which may hereinafter be in force, and comply with all applicable licensing requirements of the state and federal governments, and with alI applicable accreditation and other standards of quality generally acceptable in the field of Lessee's activities. 6. Inspeeti®n of I'retnises. 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, after the giving of 24 hours notice by the Lessor or its agents, except that in case of emergency, no notice need be given for entry. 7. Iira rovernents. That the Lessee shall not at any time during said term construct, place, or install on said premises any building, structure, or improvement of any kind and description whatsoever, except with prior written approval of the Lessor and upon such conditions as the Lessor may impose, unless otherwise provided herein. 8. Liens. That the Lessee will not commit or suffer any act or neglect whereby the demised premises or any improvements 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. 9. ~ssi~nmentsg Etc. That the Lessee shall not transfer, assign, or sublease the said premises or any portion thereof, nor permit any other person to occupy or use the said premises or any portion thereof except in furtherance of the uses expressly permitted in paragraph 20 herein and shall not transfer or assign or sublease this lease or any interest herein, either voluntarily or by operation of law, and any transfer or assignment so made shall be null and void. Lessor declares that it enters into this lease on reliance on the specif c identity of the Lessee. 5 10. 1dI®rt~a~e. That, except as provided herein, the Lessee shall not mortgage, hypothecate, or pledge the said premises or any portion thereof or this lease or any interest therein without the prior written approval of the Lessor and any such mortgage, hypothecation, or pledge without such approval shall be null and void. 11. lsnde~nnity. That the Lessee will indemnify, defend, and hold the Lessor and the State of Fiawai`i harmless (a) from and against any claim or demand by third persons for loss, liability, or damage, including claims for property damage, personal injury, or wrongful 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 arising from the Lessor's supervision, if any, of the Lessee's activities or the premises, or arising from the Lessor's inspection, if any, of the Lessee's activities or the premises, including any negligence in the Lessor's supervision, if any, or inspection, if any, of the Lessee's activities or the premises, and will reimburse the Lessor for all costs and expenses in connection with the defense of such claims; (b) 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, including actions against the Lessor brought by the Federal government for noncompliance with Federal grant requirements caused by the Lessee's failure to comply with the terms of this lease. 6 12. Liability Insurance. That the Lessee shall procure, at its own cost and expense, and maintain during the entire period of this lease, with an insurance company or companies acceptable to the Lessor, a policy of comprehensive liability insurance, with minimum amounts of $1,000,000.00 per occurrence for bodily injury and property damage, insuring against all claims for bodily injury, death, and property damage; that said policy or policies shall cover the entire premises, including all buildings, improvements and grounds, and all roadways or sidewalks on or adjacent to the demised premises in the control or use of the Lessee. The Lessee shall furnish the Lessor with a certificate showing such policy to be initially in force and shall furnish a like certificate upon each renewal of such policy, each such certificate to contain or be accompanied by an assurance of the insurer to notify the Lessor with 30 days minimum notice, of any intention to .cancel any such policy under this lease as set forth herein or limit the amount of its liability under this lease. The Lessee shall cause the Lessor to be named as an "additional insured" on the above-mentioned comprehensive liability insurance policy. The policy shall have a deductible for not more than $500.00 per claim. 13. 1~'Iaia~tenance. That the Lessee shall keep the premises in good repair (wear and tear resulting from the reasonable use of the same excepted). The Lessee shall, at its own expense, perform all necessary maintenance of the premises. The Lessee shall promptly repair and correct, at its own expense, any condition or defect in the premises which creates a risk of harm to persons or property, or which exposes the premises to rapid deterioration in excess of normal weathering. 14. ~Krittee~ Consent Ise aired f®r IZe -airs and IgenOVata®nS. That prior to commencing any repairs or renovations, the Lessee shall notify the Lessor and secure the Lessor's written consent, which shall not be unreasonably withheld. The Lessor may require the 7 Lessee to produce plans showing the work to be done. The Lessor may inspect any repairs and renovations and require that it be done in conformance with good and accepted construction practice and in compliance with applicable laws, codes, and regulations. 15. Costs of Llti ag tio~e. That in case the Lessor shall be made a party to any litigation commenced by or against the Lessee (other than condemnation proceedings), the Lessee (other than condemnation proceedings), the Lessee shall and will pay all costs and expenses incurred by or imposed on the Lessor; furthermore, the Lessee shall and will pay all costs and expenses which may be incurred by or paid by the Lessor in enforcing 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. 16. Lntg-y by Iaessor. That the Lessee shall permit the Lessor, its agents and invitees, or independent contractors hired by the Lessor, to enter on the premises or any part thereof, at all reasonable hours, for the purpose of inspecting same, including inspections related to the services provided at the premises, or making repairs, improvements, or alterations necessary or desirable for the safety or the preservation of the premises, upon the Lessor or its agent giving 24 hours' notice of entry, except that in case of emergency, no notice need be given for entry. That the Lessee shall cooperate with the Lessor to the fullest practical extent in permitting the Lessor to make such inspections, alterations, repairs, and improvements. That any temporary diminution in or interference with the use of the premises to the Lessee occasioned by such inspections, alterations, repairs, and improvements shall not be a breach of this lease, and shall not result in any liability on the Lessor. Nothing in this paragraph shall be construed as requiring the Lessor to make any inspections, repairs, improvements, or alterations to the premises. 8 17. Contracts for Construction. That the Lessee shall not make any contract for construction, repair, renovation, or improvement on, in, of, or to the premises, or any part thereof, or for any work to be done or materials to be furnished on or to the premises, without first obtaining the written approval of the Lessor. The Lessor's approval may be conditioned on the Lessee providing adequate assurance that it has the financial ability to pay for the cost of any such contract, or to otherwise provide sufficient assurances that no mechanic's or materialman's lien maybe levied against the premises. 18. Condition of Premises. That the Lessee has examined and knows the condition of the premises, that the premises are leased as they now are, that the Lessor expressly disclaims any warranty of fitness for any particular purpose, and that the Lessor shall not be responsible for the present or future condition thereof. The Lessor shall not be required to perform any repairs, alterations, or improvements whatsoever during the term of this lease. 19.1~1otice. That in the event of any material change in the condition of the premises, whether through the acts or omissions of the Lessee or otherwise, or any defect discovered in the premises, the Lessee shall immediately notify Parks and Recreation, County of 1'Iawaii, of the change in condition of the premises or the defect. "Material change" includes, but is not limited to, any change, which may create a risk of harm to users or occupants of the premises, or any change which exposes the premises to rapid deterioration in excess of normal weathering. Nothing in the paragraph shall be construed to imply a duty by the Lessor to remedy or repair any such changes. 20. Use, That the Lessee shall use the premises to construct a combined veterans center, veterans housing, and other related purposes, by obtaining grants, donations, and other forms of funding. The facility will serve all Veterans and Veterans Organizations that 9 will include Veterans Affairs, Administrative Offices for counseling and re-adjustment assistance, Community Based Out Patient Clinic, Transportation Services, and the State Office of Veterans Services. The Lessee shall fund, construct, maintain, and operate the Combined Veterans Center as described in Exhibit "B" of their letter dated 6/23/01, attached hereto and made a part hereof, as Exhibit "B". 21. Prot~erty Tax. That the Lessee shall pay promptly, when due, all real property taxes, rates, assessments, impositions, duties, charges, and fines, which shall, during the term of this lease, be lawfully charged, assessed, imposed, become a lien upon, or become due and payable upon or on account of each and every part and parcel of land leased by the lessee. 22. ~tecords. That the Lessee shall establish and maintain records of intake, discharge, services, and other documentation necessary to show compliance with paragraph 20 above, including but not limited to the financial status of clients served, and the scope and nature of services rendered at the premises and shall maintain and preserve all required records and documents for three years after the expiration of the Lease Agreement. All records referred to in this paragraph shall be available for inspection by the Lessor and its agents on reasonable notice, provided that the Lessee and Lessor shall agree on measures necessary to protect the privacy and individual identity of clients receiving services from the Lessee. 23. Tax-Exena~tg Non-Profat Status. That the Lessee has and shall maintain status as a tax- exempt, non-profit organization as certified by the Internal Revenue Service. The Lessor may require the Lessee to provide evidence of such certification. That the Lessee has, and shall continue to have during the lease term, bylaws or policies which describe the manner in which business is conducted. 10 2~1. Pars®nal Pr®perty. That the Lessee shall, at its own expense, provide all equipment and all other property of any nature necessary for the uses described in paragraph 20 above. 25. Personnel. That the Lessee shall, at its own expense, provide all necessary staff for the provision of the services described in paragraph 20 above. 26. Snrr That the Lessee shall, and will, at the expiration or sooner termination of this lease, peaceably and quietly surrender and deliver possession of the demised premises to the Lessor, together with all buildings and improvements of whatever name or nature, now on or hereafter erected or placed upon the same, in good order and condition, reasonable wear and tear excepted, and that Lessee shall remove, at no expense to the Lessor, all of the Lessee's personal property at the termination of this lease. 27. N®n-~~aver. That the failure of the Lessor to insist on the strict performance of the terms, agreements, covenants, and conditions herein contained, or any of them, shall not constitute or be construed as a waiver or relinquishment of the Lessor's right thereafter to enforce any such term, agreement, or condfltflon, but the same shall continue in full force and effect. 28. Idol That if Lessee shall hold over, after expiration of the term hereby created, with consent of the Lessor, it shall be deemed a renewal of this lease and of all terms, covenants, conditions, and agreements herein contained, for the period of thirty days. 29. r~band® That if the Lessee abandons the premises, its right to possession shall cease and this Lease shall terminate, without prejudice to any other rights of the Lessor. "Abandonment" shall include, but not be limited to, Lessee's failure to use the premises for the purposes and uses listed in paragraph 20 herein. 30.I~estrueti®ng Etc. That if, during the term of this Lease, the premises shall be substantially destroyed or become untenantable by reason of fire, the elements, or any 11 other cause, then this Lease may be terminated by either the Lessee or the Lessor upon notice in writing to the other party, and the Lessee shall be released from further obligation hereunder. Notwithstanding any insurance on the premises, Lessee shall not be required to rebuild the premises should they be destroyed or become untenantable. 31. CondeHnnati®n. That in the event that all or part of the premises be taken for public use, under the right of eminent domain, all of the award received for such taking shall belong solely to the Lessor, and no part of such award shall belong to the Lessee. If the entire premises are taken, or if so much of the premises are taken that the premises become unsuitable for the uses specified in paragraph 20, this Lease shall terminate, and the Lessee shall be released from further obligation hereunder. 32. ~reacla and Tertiaitzati®~a. That if the Lessee shall become bankrupt or shall abandon the said premises, or if this lease and said premises shall be attached or otherwise taken by operation of law, or if any assignment shall be made of the Lessee's property for the benefit of creditors, or if the Lessee shall fail to observe and perform any of the covenants, terms, and conditions herein contained and on its part to be observed and performed, the Lessor may at once re-enter such premises or any part thereof, and upon or without such entry, terminate this lease without prejudice to any other remedy or right of action. 33. eadin~s. That the marginal headings throughout this lease are for the convenience of the Lessor and Lessee and are not intended to construe the intent or meaning of any of the provisions thereof. 34. Coen late ~ reenaent. This lease contains the full and complete agreement of the parties and supersedes any prior agreement between the parties, and there are no covenants, 12 terms, agreements, or conditions or understandings, either oral or written, between the parties other than herein set forth. 35. Lessee Not au Agent of Lessor. Nothing herein contained is intended or should be construed in any way establishing the relationship of copartners between Lessee and Lessor, or as constituting the Lessee as the agent, employee, or representative of the Lessor for any purpose whatsoever. 36. Forum Selma No action or proceeding involving this Lease shall be commenced by either party except in the Circuit or District Courts of the Third Circuit, County of Hawaii, State of Hawaii; nor shall any action commenced in such court be removed or transferred to any other state or federal court. DATED: Hilo, Hawaii COUNTY OF HAWAII: Its Mayor: I-IARRY KIM DATED: Hilo, Hawaii HAWAII ISLAND VETERANS MEMORIAL, INC. Its President: FRANCIS PACHECO RECOMMEND APPROVAL: APPROVED AS TO FORM: PATRICIA G. ENGELHARD Deputy Corporation Counsel Darector, Department of Parks and Recreation County of Hawaii 13 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of , 2004, 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 instnument 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 HARRY KIM acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii My commission expires: STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of 2004, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, as of ,and acknowledged that he/she executed the same in behalf of the organization and acknowledged the instrument to be the free act and deed of the organization. Notary Public, State of Hawaii My commission expires: 14 01 MI 4~ ~ 1 °.s~~~. ~ d{ r'ai.,.m,.Flxd Sll13VEY g39VIS10M DES. OF ACCO@2@+ETIEVC AAI~ GEPBEiSAL SERVICES c.s.r. 23,608 ea®aaoe.uLta August 22, 2003 COIV~INED VETERANS CENTER, VETERANS HOUSING AND OTHI R RELATED PURPOSES SITE Waiakea, South I3ilo, Island of Hawaii, Hawaii Being a portion of the Government (Crown) Land of V6~aiakea. Beginning at the south comer of this parcel of land, the north corner of the intersection of Kapiolani and Kawili Streets, the coordinates of said p®int of beginning referred to Government Survey Triangulation Station "]'TREAT" being 5613.82 feet South and 6690.70 feet East, thence running by azimuths measured clockwise from True South: - 1. Along the north corner of the intersection of Kawili and Kapiolani Streets on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 103 ° 10' 42.43 feet; 2. .148' 10' 297.86 feet along the northeast side of Kapiolani Street; 3 . 23 8 ° 10' 249.44 feet along Grant S-] 4,064 to The Protestant Episcopal Church in the I"Iawaiian Islands; 4. 148 ° 10' 3 62.34 feet along Grant 5-14,064 to The Protestant Episcopal Church in the Hawaiian Islands; -1- I 23,608 August 22, 2003 C.S.F. N®. 5. 238° 10' 240.45 feet along the remainder of the Government (Crown} Land of Waiakea; 6. 328° 10' 690.20 feet along the remainder of the Government (Crown) Land of Waiakea; 7. 58° 10' 450.89 feet along the northwest side of Kawili Street to the point of beginning and containing an AREA OF 5.615 ACRES. SURVEY DIVISION DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES STATE OF HAWAII By. AG`~~~ Glenn J. I;odani Land Surveyor gm Compiled from map Earn. by County of Hawaii, CSF 13321, Hawaii File Carton 165 and other Govt. Survey Records. `~i` :i ' ~ ' ~ 1 _ -2 1 ~ I Grant f0,f2< ~ ~ c ~ . ~ v-- J Ise ~ V~ C•O v, ~ ~ ~ Grunt .pf18 ~ Grant 11, to `-'x. ~llio H. ,Hill a ~ ~ ~ o • ~ ; A ~ V Grunt 4385 o U ~ 3 ~ ~ ~ Grant 30~ ~ o c Portion of ~ Grant 11,671 to 'Q Gr®nt fo.fo7 o Flowers of ~ Hawaii, Ltd. ~ = i ~~'1~"•-~ 2419:45 ~ i as ~ Grant 5-14,064 ~ o The Protestan ~ c~ ~ £piscopbl Church ~ vi ~ in the ® Hawaiian Islands -I ~ Gron4 5-14,827 cront fo,47f t0 ~ (C.S.F. 13,32.9) ~ Q°a~ Hiro Meishoin z cn9nt s r~ ~ ~ ~ ?38'40"~-~-?40:44 19 ~ - o - ~ 103°10° 4~ 43 tiO~rnmenf cront 31J3 R=30.00 (Crown) Lond Grant 3357 66d~~~ ,~10° 450.E 56f3:82 5 6690.70E Not Lu' L•~ Gronf 1 i.I1J WAIAKEA EDUCATIONAL COMPLEX Governor's Executive Order 3832 Grant 5-15,616 (C.S.F. 22,922) , to Honpo Hongwonji , - Mission of Hawaii . cront asst CT T ~~~~CS~~ SITS - ; : - : ~,,t, Waioke®, S~cath f~ilo, Isl®f,d of I°I®~oii, law®ii ~ ' Job ~+-a4z(zot?1) Sc®It:: i inch = 200 feet - , c. ~ TAX t~tAP: 2-4-57:Por. 01 pEPARTAdEFlT OF ACCOUIVTItVG A~1t) GEN~ERAI SERVICES cs.F. sao. 23.608 ~ JGL August 22° 2~3 ~AII ISI~.A~I~tD VE"TEI~S 1WI~NIOIZIAL, I10tC0~0]~'I°lEI) Is9o IcILIxlrrA sTRESr = wLO, w. 9sno A NON-PROFIT C®RP®RATION • ASSISTING ALL VETERANS 3AIRMAN To: Ms. Patricia G. Engelhard, Director 6%2301 Ebert Montague Coup of Hawaii De t Parks. and Recreation 1CE CHAIRMAN ~ p ° Mayes 25 Aupuni St. Rooan 210 "cRETARY Hilo Hi. 96720 ()irector ` abe! Desilva : Dep Dir ~ti.., tEASURER :Planner - i1~" szvnpa;a Fr: Lt. Col. Ret Robert L. Monty e, Chairman :Accouritirg ANAGER = ( ) - Iiawaii Island Veterans Memorial Inc. (HIVI~fi) ~ersonne! - JARD OF DIRECTORS 1590 Kilikina St. - Hilo, I-Ii. 96720 obett Montague L}~~~ ~ , ?1((- larence smith ~yI V' fabet Desitva Subject: Combined Veterans Center, corner of Kawili, and Kapiolani Streets. 1 ~ f ,p (otoyoshi Tanaka t~`~ ayato Tanaka ~ Orman Smith ~ ictor Nakamtua ~ ,seph sherrara Bear Director Engelhard: ~ ictor Chun orlon Mauuda In our letter 2/28/01 our nested written concurrence from the ad'oinin ro ernes to hartes Mayes Y Y ~ J g P p harles sandcts the Combined Veterans Center (CVC) property. At incl. 1- 4 enclosed, you will find the A"I'°`~ written concurrence and approval. The IJniversaty of I'Iawaii, I-Iilo Campus as especially uddy Johnson x Ka(eikini anxious for this fhcility to be build, so the two organizations can start with collaboration rank Kaipa of ro sans such aS extension courses,. and Sttadent Naarses on the Job Trainin I12 the 'rands Pacheco 1J gr ~ ° ;OARD Ofi TRUSTEES CI3GC. There are also .several other programs available. ,overt Montague It is understood that once the DLNR takes action with the Land.hoard, to set the property "names Maya aside to Hawaii Couni,c' for the ose of a Combined Veterans Center, that Coun of }filbert Sampaia ~J p tY :dmund Bratchel ilawaii would becoane the Landlord and not responsible for maintenance or service costs ;1~~eT~ ~ generated by the CVC. derrick Ah Sing z ~ P~ n ~Nith reference to a Plan for use and n~aaintenance of the area for as long as HNMMI plans 3arold Bureado to provide service. HIVMI will be responsible for all expenses for operations and tobert Dodson 2aym°nd car.,amo Adaninistration of the CVC., there wi11 be a ProjectlProgratn Manager iai charge of the yid Springer facility who will manage the every- day operation and administration of the CVC. for the 'aul Miwa Board of Directors, who well also Have various responsibilities-fOr operation of the Jenny Austin facility. The Annual projected income and expense forecast is at inc1.5 The income is realistic in that HIVMI intents to lease 7,000 squaze feet. of floor space to Veterans Affairs Medical and Regional ®ffce Center ,VA11iIRQC) in ~Ionolulu, Iii., for a-Hilo, CBQC. ~Te feel that we can offer a veay corripdtitive-Hid, as coanpared to the Private Sector, when considering price per foot as leaset`rental property, thereby generating a significant annual cost savings to Veterans Affairs. A.A88IBI 1 44B44 There is also the possibility of leasing floor space to the State of Hawaii for the Office of Veterans Services (OVS). Generating a substantial cost saving to the State of Hawaii. The AARP has expressed a desire for floor space, and VF~1V needs space for an Hawaii Island Service Officer, this concept will put all Veterans Facilities in one location for convenience to VA, the State of Hawaii, Service Officer, Travel coordination and pick up of Veterans, and most importantly the Veterans and their families. The Veterans Hall will be utilized for Veterans Group activities, meeting place, and the Public may snake use of the facility for Receptions, Conventions, Seminars, and Reunions for a reasonable fee per function. There will be little or no charge to Seniors, Youth, and Veterans Groups for day time Programs. Hawaii Island Veterans Ivlerxaorial Inc., feels the CVC will be very self-sufficient, and a definite asset to the community, with no burden to the County of Hawaii for Operation and administrative costs. `Hunk. you-very much. Sincerely: . Ccrl. (Ret) R~~ rt L. ontague Chairman incl. 5 UNIVERSITY OF I-IAWAI`I 11_sV May 15, 2001 Lt. Col (Ret) Robert L. Montague, Chairman Hawaii Island Veterans Memorial Inc. 1590 Kilikina Street Hilo HI 96720 Dear Lt. Col. Montague: I was delighted to learn of your plan to develop a Veteran's Center adjacent to our campus on Kawili Street. 'T'his will be a valuable asset to our community and an appropriate venue through which crucial services and appropriate recognition can be provided to the many veterans living on the I3ig Island. I look forward to talking with your organization about the possibility of developing collaborative programs between the Veterans Center and the University of Hawaii at Hilo. I wish you every success in this important venture. Sincere- , ose~g Chancelior Office of tl:e Chancellor 200 W. KAWILI STREET HILO, HAWAII 96720-4091 PHONE: (808) 974-7444 FAX: (808) 974-7622 An Equal Opportunity/Affirmative Action Institution t` or N, .lam/ 193 ~ 9 9 BENJAMIN J. CAYEYANO 1 ~ PAUL G. LeMAHiEU, Ph,D. GOVERNOR SUPERINTENDENT ~ SIhOT~ ®1~" ~PCV mfI~~ DEPARTMENT OF EDUCATION OFFICE OF THE DISTRICT SUPERINTENDENT HAWAII DISTRICT P.O. BOX 4160 HILO, HAWAII 96720.0160 June 12, 2001 Hawaii County Administration IJt. Col. (Ret) Robert L.1~Iontague, Chairman Hawaii Island Veterans Memorial, Inc. 159 ~ilikina Street Kilo, Iiawaii 96720 Dear Sir: Please accept this means of correspondence to support the Hawaii District, Department of education's verbal concurrence:-and approval-for HiVMI to build a Veterans Center on the seven-acre parcel of land across of Waiakea high School. The Hawaii District, Department of~ducation supports the Hawaii Island Veterans Memorial, Ines. intent to provide Veterans -Affairs caunseling and re-adjustment assistance. We also support a Veterans War Museum with artifacts and wartime items of interest. We believe the Veterans Center will be one of the first of its kind in the state of Hawaii. If there are any questions, kindly refer them to my attention or call me at (808) 974-6600. Thank you. S' cerely, Dan I. Sakai District Superintendent c: Ray 1l~Iinami, Facilities Director, Division of Administrative Services Dr. Judith Saranchock, Principal, Wai~kea High School AN AFFiRtViATI~IE ACTION ANC EQUAL OPPORTUNITY EPIRPLOYER t' ~ E ,y''~ i ~ ,.,a.a~: s,yS h' Y. ti ( r A4 T`he Ch~ch ~~-the I~®ly Ap®stles "Called by God ~ empowered by-the Holy Spirit to proclaim to love, to serve anti to ~rowo spiritually." June 13, 2001 To: Hawaii Island Veterans Memorial Inc. Lt. Col. (IZet) Hobert L. M®ntague, Chairman 1590 iGiiekina street. Hilo, ~lawaii 9672.0 Cear Mr. Montague, The Church of the Holy Apostles is-happy to support the- Veterans Center Project. it is our hope y®u will try to incorporate, in your landscaping design, the existing large trees on your property which were-spared du-ring the most recent bulldozing by the County. We are: especi~ily concerned with- the kukui nut trees bordering the church properly. sincerely, ~ °f ~e~. Jeannette Myers Priest in Charge G~~~~ Priscilla Hope Sr. Warden The Rev. Jeannette Myers; Priest in Charge The Rev. John Holmes, Deacon Priscilla Hope, Sr. Warden 1407 Y" 'Mani St. Extensio~a Hilo, Hawaii 95720 Rev. ICobun Yachi Resident Minister • • • 97 OLOfVA STREI=T HILO, ~iAWAII, 96720 'hone: 935-6996 • fax: 969-3450 Tune 12, 2001 Lt. Cod. ~Ret) Robert Montague, Chairman I~a~vaii Island Veterans- Megn®rial Inc. 1590 ~il~~ana street Ilil®, I-Ia.~aii 96720 I?ear . l~ilontague: Our ~~ucere apology f®~ mot c®gcat~n~ tenth y®~ eax~lcY ®n t~uS ~atte~°. VVe, the ~e~bers of ~-Iilo lsileishoiu Church, fcaiiy support ~iIVlO~Ii to build the Vet~rs tenter Project adjacent to our church. We c~rt~inly appreciate what the Vet~~ans did for our country and we loop forward to the completion of the project. V ry truly y urs, 1VIar~ ~TaIC'a, President kilo ~eishoin Church HAWAII ISLAND VETERANS MEMORIAL, INC. ANNUAL PROJECTED INCOME/ EXPENSE PHASE I ~ II INCOME: Annual Floor Space proposed Rental Income (VA) $ 126,000.00 Floor Space proposed Rental Income (OVS) 10,800.00 Veterans ~Ial1 Rental Incogne 8,000.00 Total Income $ 144,800.00 EXPENSE: Accountant/ Legal $ 3,$00.00 Van service operational cost $ 900.00 Equipment Lease $ 1,800.00 Equipment Purchase $ 2,400.00 Propert}T Lease $ 1.00 Ground Maintenance (Contract) $ 3,600.00 Insurance (Eldg, Eond Ofi., Van) $ 10,000.00 Vet. Center Program Mgr:/Gust. (Contract) $ 18,000.00 Vet Center office Clerk (Contract) $ 10,000.00 Deal Pr®perty Ti ax (501 (c-3) exempt) Supplies $ 600.00 Utilities (includes tel. Elec. Water sewer) $ 4,500.00 Van Loan pymt. $ 2,400.00 Program expenses $ 10,000.00 Transportation expense Rural areas $ 8,000.00 Sub T®tal Expense $ 76,001.00 Rehab. Expenses Members $ 5,000.00 Scholarship Prograans $ 25,000.00 Total $ 106,001.00 General Excise tax (GET) $ 5,792.00 Corporate Income Tax (501 (c-3) exempt) Total Expenses $ 111,793.00 Total Net Reserve Fund $ 33,007.00 inc1.5