Loading...
HomeMy WebLinkAboutCOM 0546.000 2002-2004 Mir os ~ Harry Kim ~'•y.~ ~ William Takaba • yley, Mnl'o:' Director • Nancy E. Crawford Deputy Direcor T~ Of•M~~ N C? County of Hawaii o,~ c 'T' Finance Department ~ 25 Aupuni Street, Room 118 Hiln, Hawaii 96720 - - (808)96I-8234 • Nax (808)961-8248 T March 2, 2004 u Honorable James Arakaki, Chairperson and Members of the County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Resolution to Negotiate Lease Enclosed is a resolution authorizing the Director of Finance to negotiate a lease of real property located along the north corner of the intersection of Kawili and Kapiolani Streets and identified by TMK 2-4-57:Por. 01 to the Hawaii Island Veterans Memorial, Inc. This nonprofit organization plans to use the property as a Combined Veterans Center and Veterans Housing. If there are any questions, please do not hesitate to call the Department of Parks & Recreation. William Ta aba Director of Finance APPROVED: ~ V Harry Kim Mayor Enc. cc: P&R 2eS. lbFs-G`l~ Comm. No.~- Ref. To: Ref. Uote Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: PARKS & RECREATION DATE: February 27, 2004 STAFF CONTACT: pain MizunO PHONE: 961-8311 A. REQUEST: To authorize the Director of Finance to negotiate a lease of real property along the north corner of the intersection of Kawili and Kapiolani Streets to Hawaii Island Veterans Memorial. B. BACKGROUND AND NSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): Hawaii Island Veterans Memorial, anon-profit organization, desires to lease the area along the north corner of the intersection of Kawili and Kapiolani Streets, Tax Map Key No. (3)2-4-57:Pro. 01. For the puropose of construction and development of a Combined Veterans Center and Veterans Housing. A copy of the draft lease agreement is attached. SIGNED: DATE: °2/~~~UL Depa ent Head TABLE OF CONTENTS Lease for Hawaii Island Veterans Memorial, Inc. PARAGRAPH PAGE A. The Lessor Covenants and Agrees with the Lessee: 1. Quiet Enjoyment 3 2. Term 3-4 3. Rent 4 B. The Lessee Covenants and Agrees with the Lessor: 1. Utility Services 4 2. Covenant Against Discrimination 4 3. Sanitation, Etc. 4 4. Waste and Unlawful, Improper, or Offensive Use of Premises 4 5. Compliance with Laws, Etc. 4-5 6. Inspection of Premises 5 7. Improvements 5 8. Liens 5 9. Assignments, Etc. 5 10. Mortgage 6 11. Indemnity 6 12. Liability Insurance 7 13. Maintenance 7 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 Tax 10 22. Records 10 23. Tax-Exempt, Non-Profit Status 10 24. 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. Breach and Termination 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 COiJNTY 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; WITNESSETH: 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. Ol, 5.615 acres, and more particularly described in Exhibit "A" 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. Ouiet Enioyment. 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. Term. 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 4 years of this agreement. 3. Rent. The Lessee hereby covenants and agrees to pay the sum of $1.00 per year for the term of this lease. B. 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. Covenant Against Discrimination. 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. Sanitation, 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. Waste and Unlawful Improper, or Offensive 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. Compliance with 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 all applicable accreditation and other standards of quality generally acceptable in the field of Lessee's activities. 6. 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, 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. Improvements. 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. Assienments, 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 specific identity of the Lessee. s 10. Mortaa~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. Indemnity. That the Lessee will indemnify, defend, and hold the Lessor and the State of Hawaii 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 fumish 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. Maintenance. 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. Written Consent Required for Reaairs and Renovations. 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 Lineation. 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. Entry by Lessor. 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 ]ease, 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 maybe 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. Notice. 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 Hawaii, 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. Property 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 pazcel of land leased by the lessee. 22. Records. 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 yeazs 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-Exemnt, Non-Profit 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 24. Personal Property. 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. Surrender. 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. Non-Waiver. 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 condition, but the same shall continue in full force and effect. 28. Holdover. 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. Abandonment. 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. Destruction, 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. Condemnation. 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 awazd 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. Breach and Termination. 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. Headings. 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. Complete Agreement. 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 an 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 Selection. 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: HARRY 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 Director, 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 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 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 ° S ~ STATE OF HAWAII SURVEY DIVISION 23,608 DEPT. OF ACCOUNTING AND GENERAL SERVICES August 22, 2003 C.f.F. No HONOLULU COMBINED VETERANS CENTER, VETERANS HOUSING AND OTHER RELATED PURPOSES SITE Waiakea, South Hilo, Island ofAawaii, Hawaii Being a portion of the Government (Crown) Land of Waiakea. Beginning at the south corner of this parcel of land, the north corner of the intersection of Kapiolani and Kawili Streets, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" 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. 238° 10' 249.44 feet along Grant S-]4,064 to The Protestant Episcopal Church in the Hawaiian Islands; 4. 148° 10' 362.34 feet along Grant S-14,064 to The Protestant Episcopal Church in the Hawaiian Islands; -1- ~AI-i~~f~ ccw~f C.S.F. No. 23,608 - August 22, 2003 5. 238° ]0' 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 Glenn J. Kodam Land Surveyor gm Compiled from map Earn. by County of Hawaii, CSF 13321, Hawaii File Carton 165 and other Govt. Survey Records. 2 rv~j I ~ ~ Cmnf f0, 121 w ~ ~ o u 1 _ Lll q ~C. o G p ~ `o o ~ N `O°` . ^'O O 4 D 03 ~ c~+° ~ Grant 11, 3 to ~ Groot 9129 y~j ~ ~llio H. Hill o`o ~ o ~ U p ~ z' p CnM 9ei6 C r\ N u t` ~ Crone 9008 m~0 ~ \ ~ POrtiOn Ot > Grant 11,871 to'1;,, ~ Flowers o/ a crone fo.tm Hawaii, Ltd. ~ OLOlVt4 ST12E a Q M 238'1'0'-240.45 ~ h~ Grant 5-14,064 ^!i, a The Protestor - +n ~ ~ ~ Episcopbl Church ~ vi ~ in the w`' ~ Hawaiian Islonds o ~ Crant 5-14,827 cant font o ~ (C.S.F. 13,321) ~ o°, Hilo Meishoin crone 9tee I i ~ ~ 2J>rfo'-24o.u iS ~ - £ - ~'-'U r; N - ~G - 5.615 ACRES tOR1~0' 42AJ Government (Crown) Con crvnt 9tJ9 _ )0.00 d 5610 450.89 cron19557 5613.82 5 KAW~LI STREET 6690.70 E ~ Groot I7,17J WAIAKEA EDUC4710NAL COMPLEX Governor's Executive Order 3832 Grant 5-75,616 (C.S.F. 22,922) , to Honpo Hongwanji , Mission of Hawoii . Grant 8957 COMBINED VETERANS CENTER, VETERANS HOUSING AND OTHER REL4TED PURPOSES SITE Waiokeo, South Hilo, Island of Hawaii, Hawaii Jab H-442(2001) Scale: 1 inch = 200 feet _ 1i~OlH~D NOR Tf~ ~CA~,~ TAY ww: 2-4-57:P4r. 01 SURVEY D~ViSION DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES c.s.r. uo. 23.608 STATE OF HAINAI~ ~cL wvu•e zz. zoa3 HAWAII ISLAND VETERANS MEMORIAL, INCORPORATED 1590 KILIKINA STREET'' HILO, Id. 96720 ANON-PROFTr CORPORATION • ASSISTWG ALL VETERANS cHATRMAN To: Ms. Patricia G. Engelhard, Director 6/23/01 Robert Montaeue Coun of Hawaii De t Parks and Recreation vice cxnIRMAN t3' p ' Charles Meyer 25 Aupuni St. Room 210 secRETARV Hilo Hi. 96720 Director Mabel DeSilva Dep Dir TREASURER :Planner cdbert sampaia Fr: Lt. Col. Ret Robert L. Monta ue, Chairman `Accountin MANAGER' ( ) g 9 Hawaii Island Veterans Memorial Inc. (HIVMI) ~'ersonnel - BoARD of BIRECroas 1590 Kilikina St_ ~ ; Hilo, Hi. 96720 ~ 1~,,,, - ~ ,~sJ' { IL- Robert Montague Clarence Smith ~ Mabel Txsd.~a Subject: Combined Veterans Center, corner of Kawili, and Kapiolani Streets. ~ ~v Motnyoshi Tanaka ,l/~ ft"" ~('il Hayato Tanaka 14 (~'1 Norman Smith Victor Nakamura Dear Director En elhazd: ~ Joseph Shertard g Victor Chun Gordon Matsuda In our letter 2/28/01 our uested written concurrence from the adjoining properties to Charles Mayes y y cnarles sanders the Combined Veterans Center (CVC) property. At incl. 1- 4 enclosed, you will find the Robert Arthurs written concurrence and approval. The University of Hawaii, Hilo Campus is especially Buddy Johnson Ine xaleikini anxious for this facility to be build, so the two organizations can start with collaboration Frank Kaipo of ro ams such as extension courses, and Student Nurses on the Job Training in the Francis Pacheco P CBOC. There are also several other programs available, BOARD OF 1RUSTEES Robert Montague It is understood that once the DLNR takes action with the Land Board, to set the property Charles Mayes aside to Hawaii Coun for the ore of a Combined Veterans Center, that County of Gilbert Sampaia PmP Edmund Bteatchel Hawaii would become the Landlord and not responsible for maintenance or service costs Ceo re Tekea generated by the CVC. 6 17errick Ah Slog Marvin Raan With reference to a Plan for use and maintenance of the area for as long as HIVMI plans Robert Pettit Harold Bargado to provide service. HIVMI will be responsible for all expenses for operations and Robert Dodson Raymond Carvalho Administration of the CVC., there will be a Project/Program Manager in charge of the Sid Springer facility who will manage the every day operation and administration of the CVC. for the Paul Miwa Board of Directors, who will also have various responsibilities for operation of the Dennv 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 square feet of floor space to Veterans Affairs Medical and Regional Office Center (VAMROC) in Honolulu, Hi., for a Hilo, CBOC. We feel that we can offer a very competitive Bid, as compared to the Private Sector, when considering price per foot as lease/rental property, thereby generating a significant annual cost savings to Veterans Affairs. EXHIBIT "B" 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 HARP has expressed a desire for floor space, and VFW 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 make 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 Memorial 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. Thank you very much. Sincerely: I~~ ob Col. (Ret) R ert L. ontague Chairman incl. 5 UNIVERSITY OF HAWAII HILO May 15, 2001 Lt. Col (Ret) Robert L. Montague, Chairman Hawaii Island Veterans Memorial Inc. 1590 Kilikina Street Hi]o 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. This 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 Big 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. Sincerel , ose~g Chancellor Office of the Clu+n cellar 200 W. KAWILI STRF.GT H1L0, HAWAII 96720-4091 PHONES (808) 974-7444 PAX- (808) 974-7622 An Equal Opportunity/Affirmative Action Institutirni s f~..~ 9 BENJAMIN J. CAYETANO ~ , e ®e~ PAUL G. LeMAHIEU, Ph.D. GOVERNOR ~ ~ SUPEFINTENDENT /.a'~ ~im A~ STATE OF HAWAII DEPARTMENT OF EDUCATION OFFICE OF THE DISTRICT SUPERINTENDENT HAWAII DISTRICT P O. BOX 4160 HILO, HAWAII 96]200160 June 12, 2001 Hawaii County Administration Lt. Col. (Ret) Robert L. Montague, Chairman Hawaii Island V eterans Memorial, Inc. 159 Kilikina Street Hilo, Hawaii 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 Education supports the Hawaii Island Veterans Memorial, Ines. intent to provide Veterans AtI'airs counseling 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, c~ ~0.x.~. 07 ~S o..t_ Dan I. Sakai District Superintendent c: Ray Minami, Facilities Director, Division of Administrative Services Dr. Judith Saranchock, Principal, Waiakea High School AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER eyk d r Rtt.: 5 " b, 1 The Church of the Holy Apostles "Called by God & empowered by the Holy Spirit to proclaim JESUS, to love, to serve and to grow spiritually." June 13, 2001 To: Hawaii Island Veterans Memorial Inc. Lt. Col. (Ret) Robert L. Montague, Chairman 1590 Kilikina Street. Hilo, Hawaii 96720 Dear Mr. Montague, The Church of the Holy Apostles is happy to support the Veterans Center Project. It is our hope you will try to incorporate, in your landscaping design, the existing large trees on your property which were spared during the most recent bulldozing by the County. We are especially concerned with the kukui nut trees bordering the church property. Sincerely, Rev. Jeannette Myers Priest in Charge Priscilla Hope Sr. Warden The Rev. Jeannette Myers, Priest in Charge The Rev. John Holmes, Deacon Priscilla Hope, Sr. Warden 1407 Kapiolani St. Extension Hilo, Hawaii 96720 Rev.KobunYachi ~ I Resident Minister (I~O(_jI • ~ 97 OLONA STREET HILO, HAWAII, 96720 Phone: 935-6996 • Fax: 969-3450 June 12, 2001 Lt. Col. (Ret) Robert Montague, Chairman Hawaii Island Veterans Memorial Inc. 1590 Kilikina Street Hilo, Hawaii 96720 Dear Mr. Montague: Our sincere apology for not communicating with you earlier on this matter. We, the members of Hilo Meishoin Church, fully support HIVMI to build the Veterans Center Project adjacent to our church. We certainly appreciate what the Veterans did for our country and we look forward to the completion of the project. VG~Y Y urs, Mark Nakamura, President Hilo Meishoin 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 Hall Rental Income 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 Property Lease $ 1.00 Ground Maintenance (Contract) $ 3,600.00 Insurance (Bldg, Bond Off., Van) $ ]0,000.00 Vet. Center Program Mgr./Gust. (Contract) $ 18,000.00 Vet Center office Clerk (Contract) $ 10,000.00 Real Property Tax (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 Total Expense $ 76,001.00 Rehab. Expenses Members $ 5,000.00 Scholarship Programs $ 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