Loading...
HomeMy WebLinkAboutCOM 0180.000 2004-2006 wtr w N~, Harry Kim ~,c~ ' ~ William Takaba Mcryor ~ ~ D~reclor ~ Nancy E. Crawford i'•., Deputy Director ,~Ol~M'+ County of Hawaii Finance Department 25 Aupuni Street, Room 118 • Hilo, Hawaii 96720 (808) 961-8234 Fax (808) 961-8248 ~ . March 15, 2005 .-1 Gary Safarik, Chairman and Members of the Hawaii County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Resolution for multi-year lease Enclosed is a resolution authorizing the Hawaii County Fire Department to enter into a multi-year lease for two (2) years for office space in Na`alehu to serve as a base of operations for an advanced life support ambulance unit. With the current site's lease set to expire on May 31, 2005, the Fire Department was able to locate a new location that is more suitable for its delivery of services. If there are any questions, please do not hesitate to call the Hawaii County Fire Department. William Taka a Director of Finance APPROVED: Harry Kim 1 Mayor "N Enc. cc: Fire t, 4-os ~ Comm. No. I Ref. To: F L Hawaii County is an Equal Opportunity Provider and Employer Ref. Date AR s ~nn5 Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: FIRE DATE: February 7, 2005 STAFF CONTACT: Gerald Makino PHONE: 961-8309 A. REQUEST: Prepare a resolution authorizing the Hawaii County Fire Department (HCFD) to enter into amulti-year lease agreement requiring the encumberance of funds of future years and of more than one fiscal year. B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): HCFD presently leases a house in Naalehu for use as a dormitory and base of operations for an advanced life support (ALS) ambulance unit. The rent is $1,310 per month, and the lease for this house is set to expire May 31, 2005. HCFD has been able to locate another site that is more suitable for its delivery of services at a proposed cost of $1,175.62 per month for a two year term commencing May 1, 2005, with an option for another two year term and a provision to terminate the lease should the County of Hawaii builds its own building. Attached is an initial draft of the proposed agreement. SIGNED: DATE: February 8, 2005 Department Head LEASE AGREEMENT THIS AGREEMENT, made this day of , 2005, by and between MAUI VARIETIES INVESTMENTS INC. (hereinafter referred to as "Lessor"), whose mailing address is 2810 Paa Street, Honolulu, Hawaii 96819, and the COUNTY OF HAWAII (hereinafter referred to as "Lessee"), a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720. WITNESSETH: The Lessor hereby leases to the Lessee, under the terms and conditions set forth below, the premises located at 95-1163 Kaalaiki Road, Na'alehu, Hawaii 96772, Tax Map Key No. (3) 9-5-021:026, consisting of one thousand twenty-six (1,026) square feet. TOGETHER W [TH any and all easements and rights-of--way that the Lessor has to provide access to the leased premises, and five parking spaces for patron and staff vehicles as appurtenant to the leased premises. TO HAVE AND TO HOLD the same unto the Lessee, its successors and assigns, under the terms and conditions set forth: 1. Term: The term of this Lease shall be for two (2) years, commencing May 1, 2005, with an option to renew the term of this Lease for an additional two (2) years. The Lessee will be allowed to terminate this Lease if Lessee builds its own building, and upon giving one hundred eighty (180) days' notice. 2. Rent: The Lessee shall pay as rent for said premises the sum of ONE THOUSAND ONE HUNDRED TWENTY-EIGHT AND 60/100 DOLLARS ($1,128.60) AND FOURTY-SEVEN AND 02/100 OF STATE OF HAWAI'1 TAX for a total of ONE THOUSAND ONE HUNDRED SEVENTY FIRE AND 62/100 ($1,175.62) per month, payable in advance on or before the first day of each month during the term of this Lease. 3. Late Fee: The rent required to be paid hereunder, if not paid within ten (10) days of the due date, shall bear a late fee equal to six percent (6 of the delinquent sum due for each month or portion thereof that the sum is delinquent. 4. Insurance: The Lessee is self-insured and agrees to provide coverage to the Lessor in accordance with section 8 Lessee's duty to indemnify and defend for claims filed during the term of this Lease. 5. Assignment and Subletting: The Lessee shall have the right to assign, sublet, or transfer the premises, or any part thereof. The Lessor shall have the right to consent to an assignment of this Lease, said consent not to be unreasonably withheld. 6. Liens and Encumbrances: The Lessee shall pay or cause to be paid all costs for work done on the premises contracted by Lessee, and Lessee shall keep the premises free of all mechanics' liens on account of any such work. Lessee shall indemnify and hold harmless Lessor from and against any claim of liens or encumbrances or charge upon the premises. If Lessee desires to protest the claim of a lienor, Lessee shall post a bond in sufficient amount to secure the release of the premises from any such lien. If a final judgement for any amount is entered, Lessee shall immediately pay and satisfy the same. If any claim of lien is filed against the premises or if any other action affecting title to the premises is commenced, the party receiving such notice shall immediately notify the other party in writing. The Lessee will not commit or suffer any act or neglect whereby the premises or any improvement thereon or the estate of the Lessee therein shall at any time during said term, or any 1 renewal thereof, become subject to any attachment, judgment, lien, charge or encumbrance whatsoever, and will indemnify and hold Lessor harmless from all loss, cost and expense with respect thereto. 7. Obligations of Lessor: The Lessor shall secure to the Lessee the quiet enjoyment of the leased premises during the term of this Lease. The Lessor shall maintain, repair, replace and restore the common areas, the exterior and the structure of the building in which the leased premises are located. The Lessor shall permit the Lessee, upon termination of this Lease or termination of any renewal thereof, to remove its equipment and fixtures; provided, however, that such removal shall not injure the leased premises, and all such removal shall be accomplished prior to the expiration of the term of this Lease or termination of any renewal thereof. Should the premises be served by air conditioning units, installed by the Lessee; upon termination of this Lease or the termination of any renewal thereof, Lessor shall permit Lessee to remove and retain its air conditioning units, subject to an option of the Lessor to purchase said unit for a purchase price to be agreed upon by Lessor and Lessee. 8. Obligations of Lessee: The Lessee shall keep the interior of the leased premises in good repair, excepting reasonable wear and tear arising from the use by Lessee, and its clients. The Lessee shall not make any strip or waste or any unlawful use of said premises or any part thereof. The Lessee shall permit the Lessor or its agents to enter upon the leased premises at any reasonable time for the sole purpose of examining the condition of said premises. The Lessee shall be responsible for its utilities, including water, electricity and telephone, and there shall be no additional common area maintenance fees. 9. Destruction of Premises: if, during the term of this Lease, or any extension or renewal thereof, the premises shall be destroyed by fire, the elements, or any other cause whatsoever, this Lease shall cease and become null and void from the date of such destruction and the Lessee shall immediately surrender the premises to the Lessor and shall pay rent only to the time of surrender. If the premises shall be damaged by fire or other cause, so as to be capable of being repaired within a reasonable time, Lessor shall elect within sixty (60) days to repair or rebuild the premises and shall do so as speedily as possible, and during the time that the repairs are being made, the Lessee shall pay only such proportion of the rent as the area which it is legally and safely able to occupy and use during said restoration bears to the whole. If the Lessor elects not to repair or rebuild, then the Lessee, at its sole option and decision, may terminate this Lease or continue this Lease as to that area that it is legally and safely able to occupy and use, and pay as rent only that proportion of the rent as that area bears to the whole. ] 0. Renewal Option: Provided that the Lessee is not in default in the performance of the terms and conditions of this Lease and this Lease is not terminated before the expiration of any term hereof as provided herein, upon receipt by the Lessor of a written notice of exercise of option on or before sixty (60) days prior to the termination of the two year period of this Lease, the Lessor agrees to renew this Lease under the same terms and conditions for an additional period of two (2) years, except that the amount of monthly rent shall be mutually agreed upon by the parties at least thirty (30) days prior to expiration of the original two year term of this Lease. 11. Binding_on Successors: All the agreements, conditions and undertakings herein contained shall extend to, inure and be binding on the representatives, heirs, executors, administrators, successors and assigns of the respective parties hereto. 2 12. Entire Agreement: This Lease constitutes the entire agreement and understanding between the parties hereto, and supersedes any prior agreement and understanding relating to the subject matter of this Lease. This Lease may be modified or amended only by a duly authorized written instrument executed by the parties hereto. 13. Governing Law: This Lease shall be governed by and construed in accordance with the laws of the State of Hawaii. 14. Severability: In the event any part or parts of this Lease are found to be void or unenforceable, the remaining provisions of this Lease shall nevertheless be binding and enforceable with the same effect as though the offending part or parts are deleted. 15. Headings of Paragraphs: The headings of paragraphs herein are inserted only for convenience and reference and shall in no way define, limit or describe the scope or intent of any provisions of this Lease. 16. Construction of Lease: Each of the parties hereto acknowledge that each party has reviewed and approved this Lease, and that each party has had the opportunity to have its counsel review and approve this Lease, and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Lease or any amendments hereto. 17. Waiver: The failure of a party to enforce at any time any provision of this Lease shall not constitute a waiver of that party's right thereafter to enforce the same or any other provision of this Lease. 18. Cost and Attorney's Fees: In the event that enforcement of this Lease is necessary, the prevailing party in any action shall be entitled to an award of costs of suit, including but not limited to, reasonable attorney's fees, to be paid by the defaulting party. 19. Forum Selection Clause: 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. 20. Execution: This Lease may be executed simultaneously in tow or more counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. It shall not be necessary that any single counterpart hereof be executed by all of the parties hereto so long as at least one counterpart is executed by each party. Facsimile signature shall be accepted as an original for the purposes of this paragraph. IN WITNESS WHEREOF, the undersigned parties have set their hands the day and year above written. MAUI VARIETIES INVESTMENTS INC. Shane Isagawa Its Hawaii Island Representative COUNTY OF HAWAII 3 HARRY KIM Its Mayor APPROVED AS TO FORM AND LEGALITY: Recommend Approval: Deputy Corporation Counsel DARRYL OLIVEIRA County of Hawai' i Fire Chief Date 4