HomeMy WebLinkAboutRES 423 Draft 01 2004-2006 ~Y
COUNTY OF HAWAII ~ STATE OF HAWAII
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RESOLUTION NO. 423
RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
MORE THAN ONE FISCAL YEAR FOR AMULTI-YEAR LEASE OF REAL PROPERTY FOR
PUBLIC PARKING AND BUS STOP/SHELTER IN KEALAKEKUA, SOUTH KONA,
TMK: (3) 8-1-012: 005 AND 006
WHEREAS, Section 10-11 of the Hawaii County Charter requires that any contract, lease or other
obligation requiring payment of funds from the appropriations of a later fiscal year and more than one fiscal
year be approved by resolution; and
WHEREAS, the Hawaii County Department of Public Works has determined that there is an
immediate and pressing need for additional public parking and a safe bus stop facility along the Mamalahoa
Highway in Kealakekua town; and
WHEREAS, The County administration wishes to enter into a five (5) year lease, with option for an
additional five (5) year term, with the Revocable Trust of Fusae Kamigaki, for the use of the parcels iden[itied
as TMK: (3) 8-1-012: 005 and 006 in Kealakekua, South Kona, for use as a public parking lot and bus stop
shelter, at a cost per parcel of $10,937.43 per year, for a total cost of $21,874.86 per year, plus the waiver of the
parcels' real property taxes (present cost of $666.85 and $662.91 per year, respectively), substantially in the
form attached hereto as Exhibit "1
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII:
1. That the Mayor is hereby authorized to enter into amulti-year lease agreement for a public parking
lot and bus stop shelter as described herein.
2. That sufficient funds be budgeted in future fiscal years to cover the anticipated obligations of the
County under the lease agreement.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Department of
Public Works, the Department of Finance and the Office of the County Clerk.
Dated at , Hawaii, this day of , 2006.
INTRODUCED BY:
C'~~~ 0 ~
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii
ARAKAKI
I hereby certify that the foregoing RESOLUTION was by the HIGH
vote indicated to the right hereof adopted by the COUNCIL of HOPPMANN
the County of Hawaii on xOLSCxDx
IKEDA
ATTEST: ISBELL
JACOBSON
PILAGO
SAFARIK
Reference C-1011/F'C
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 42`3 U 6
LAND COURT REGULAR SYSTEM
(AREA ABOVE RESERVED FOR RECORDING INFORMATK)N)
After Recordation, Retum by 0 Mail or ? Pick-up (Phone 1
FILL IN NAME AND ADDRESS BELOW:
Office of the Corporation Counsel (IM7)
Hilo Lagoon Centre
101 Aupuni Street, Suite 325
Hilo, Hawaii 96720 This document contains pages.
TITLE OF DOCUMENT:
Ground Lease for Public Parking Improvements
PARTIES TO DOCUMENT:
Fusae Kamigaki, Successor Trustee under County of Hawaii
certain unrecorded Revocable Trust of 25 Aupuni Street
Takeshi Kamigaki dated September 3, 1987 Hilo, Hawaii 96720
and Fusae Kamigaki, Trustee under that
certain unrecorded Revocable Trust of Fusae
Kamigaki dated September 3, 1987
PROPERTY DESCRIPTION:
Ke'eke'e 15~, District of South Kona
Exhibit "A"
s~~9.~,
EXHIBIT "1" (of RESOLUTION)
GROUND LEASE FOR PUBLIC PARKING IMPROVEMENTS
This lease is made and executed on , by and
between FUSAE KAMIGAKI, Successor Trustee under that certain unrecorded
Revocable Trust of Takeshi Kamigaki dated September 3, 1987, and FUSAE
KAMIGAKI, Trustee under that certain unrecorded Revocable Trust of Fusae Kamigaki
dated September 3, 1987, whose mailing address is P.O. Box 2108, KEALAKEKUA,
HAWAII, 96750, with full powers to sell, mortgage, lease or otherwise deal with the
land, (hereinafter referred to as "Lessors"), and the COUNTY OF HAWAII, a municipal
corporation of the State of Hawaii, with its principal office at 25 Aupuni Street, Hilo,
County and State of Hawaii, 96720 (hereinafter referred to as "County").
THE PARTIES AGREE AS FOLLOWS:
1. Demise. Description and Use of Premises
(a) Lessors lease to County and County hires from Lessors, for use as a
municipal public parking lot, and no other purpose, those certain
premises with the appurtenances, situated in Ke'eke'e 15~, District of
South Kona, County of Hawaii, State of Hawaii, identified as
Tax Map Key Nos: (3) 8-1-012:005 and 006, and more particularly
described in the description attached hereto and made a part of this lease
agreement as Exhibits "A" (TMK), "B" (Schedule C, Lot 4) & "C"
(Schedule C, Lot 5).
(b) As used in this lease agreement, the term "premises" refers to the real
property described above and to any improvements located on the
property from time to time during the term of this lease agreement.
2. Term
(a) The initial term of this lease shall be for five (5) years, commencing on
2006 and ending on
(b) The County shall have the right to renew this lease agreement for an
additional five (5) year term, upon the same terms and conditions as the
initial term, except that (i) there shall be no further option to renew this
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lease, and (ii) the County shall have the unilateral right to terminate the
lease agreement at will during said additional term, for any or no reason,
upon one hundred twenty (120) days' advance written notice. The County
shall exercise the right of renewal by notice in writing served upon Lessors
not later than one hundred twenty (120) days before the end of the initial
lease term.
(c) As used in this lease agreement, the expression "term of this lease
agreement" refers to the initial term and to any renewal of this lease
agreement as provided below.
3. Rent
(a) The total rent for the initial five (5) year term shall be Ten Thousand Five
Hundred and No/100 Dollars ($10,500.00) per year, per lot, which County
shall pay to Lessors, at the place or places to be designated in writing by
Lessors, to be paid annually in advance on the commencement date of
this lease and thereafter, on each anniversary date of the commencement
of this lease.
(b) The rental amount for any additional term shall be a fair market rent as
agreed upon by the parties. If the parties are unable to agree on said fair
market rent by the date that is sixty (60) days prior to the commencement
of the renewal term, then the renewal option shall be null and void and this
lease shall expire at the end of the initial term.
(c) For the period of time in which this lease shall be in effect, the County
would be required under this lease to pay real property taxes on the
subject property. Therefore, Lessors shall be exempted from County real
property tax liability relating to the subject property, pursuant to Hawaii
County Code Section 19-84(2) for the term of this lease.
(d) County shall pay to Lessors as additional rent, together with each
payment of rent or any other payment required hereunder which is subject
to the State of Hawaii general excise tax on gross income, as the same
may be amended, and all other similar taxes imposed on Lessors on said
rent or other payments in the nature of a gross receipts tax, sales tax,
privilege tax or the like (excluding Federal or State of Hawaii net income
taxes), whether imposed by the United States of America, the State of
Hawaii, the County of Hawaii, or any other duly authorized taxing body, an
amount which, when added to such rent or other payment shall yield to
Lessors, after deduction of all such taxes payable by Lessors with respect
to all such payments, a net amount equal to that which Lessors would
have realized from such payments had no such taxes been imposed. The
annual payment due under this paragraph at the commencement of this
lease shall be $10,937.43 per lot.
627069.V1
(e) County shall pay all conveyance taxes imposed on this lease or on
Lessors or County with respect to this lease, in the amount of $88.45.
4. Warranties of Title and Quiet Possession. Lessors covenant that Lessors are
seized of the demised premises in fee simple and have full right to make and
enter into this lease and that County shall have quiet and peaceab{e possession
of the demised premises during the term of this lease agreement.
5. Delivery of Possession. If Lessors, for any reason whatsoever, cannot deliver
possession of the demised premises to County at the commencement of the
lease term, as specified above, this lease agreement shall not be void or
voidable, nor shall Lessors be liable to County for any loss or damage resulting
from such nondelivery; but in that event there shall be a proportionate reduction
of rent covering the period between the commencement of the lease term and
the time when Lessors can deliver possession, unless the County elects to
terminate this lease by notice given in writing.
6. Waste and Nuisance Prohibited
(a) During the term of this lease, County shall comply with all applicable laws
affecting the demised premises, the breach of which might result in any
penalty on Lessors or forfeiture of Lessors' title to the demised premises.
(b) County shall not commit, or suffer to be committed, any waste on the
demised premises, or any nuisance.
7. Lessors' Right of Entrv. County shall permit Lessors and the agents and
employees of Lessors to enter into and upon the demised premises at all
reasonable times for the purpose of inspecting the premises, or for the purpose
of posting notices of nonresponsibility for alterations, additions or repairs,
without any rebate of rent and without any liability to County for any loss of
occupation or quiet enjoyment of the premises occasioned by the entry.
8. Sublettin and Assignment
(a) County shall not sublet the premises in whole or in part, or grant a license
of the premises in whole or in part, without the prior, express, and written
consent of Lessors, and a consent to a sublease shall not be deemed to
be a consent to any subsequent sublease. Any sublease without consent
shall be void, and shall, at the option of Lessors, terminate this lease
agreement. Any sublease that is consented to shall not release County
from, or othervuise affect any of County's obligations under this lease
agreement.
(b) County shall not assign or transfer this lease agreement, or any interest in
this lease agreement, without the prior, express, and written consent of
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Lessors, and a consent to an assignment shall not be deemed to be a
consent to any subsequent assignment. Any assignment without consent
shall be void, and shall, at the option of Lessors, terminate this lease
agreement.
9. No Lessees Current in Possession. It is understood that as of the date of this
lease agreement, the premises are vacant, with no current lessees in
possession. There are no third parties with any unrecorded interests in the
subject property.
10. Notices
(a) All notices, demands, or other writings in this tease agreement to be
given or made or sent, by either party, shall be deemed to have been fully
given or made or sent when made in writing and deposited in the United
States mail, registered and postage prepaid, and addressed as follows:
TO LESSORS:
81-6602 Mamalahoa Highway
Kealakekua, Hawaii 96750
TO COUNTY:
Director of Public Works
101 Pauahi Street, Ste. 107
Hilo, Hawaii 96720
(b) The address to which any notice, demand, or other writing may be given
or made or sent to any party may be changed by written notice given by
such party as above provided.
11. Taxes and Assessments. Except as otherwise provided in this lease
agreement, County shall not be liable for payment of any taxes, assessments,
rates, charges, license fees, municipal liens, levies, excises or imposts, whether
general or special, or ordinary or extraordinary, of any name, nature and kind
whatsoever, including any governmental charges of whatsoever nature,
name and kind, which may be levied, assessed, charged, or imposed, or
which may become a lien or charge on or against the demised premises,
the leasehold of County in and under this lease agreement, the premises
described in this lease agreement, any building or buildings, or any other
improvements now or hereafter on the demised premises, or on or against
Lessors' estate by reason of their ownership of the fee underlying this lease
agreement, during the entire term of this agreement.
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12. Construction and Maintenance of Parkino Lot and Related Improvements
(a) Upon commencement of the term of this lease agreement, the County will
provide improvements for a public parking lot, on the described Lot
Numbers 4 & 5. The County may also erect a bus stop shelter on the
premises.
(b) During the term of this lease agreement and any extension thereof,
County shall cause the parking area to be properly operated and
maintained and all entrances, exits, driveways and walkways kept in good
repair. Said operation and maintenance shall include, without limitation,
traffic control, removal of rubbish, and surfacing and resurfacing with a
hard surface. The County shall also provide a locking entrance gate or
chain, to secure the parking lot as may be agreeable between Lessors
and County.
(c) County shall comply with all federal, state, county, and other
governmental laws affecting the demised premises, the improvements on
or any activity or condition on or in the premises.
(d) The damage, destruction; or partial destruction of any shelter or other
improvement that is a part of the demised premises shall not release
County from any obligation under this lease agreement except as
expressly provided below. In case of damage or destruction of any such
shelter or improvement, County shall at its own expense repair and
restore it to a condition as good or better than that which existed prior to
the damage or destruction. It is agreed that the proceeds of any
insurance covering damage or destruction shall be made available to
County for repair or replacement. County acknowledges that Lessors
shall not be obligated to cant' any insurance of any kind with respect the
demised premises or the improvements thereon. County may purchase
property insurance on any improvements it constructs on the premises at
its own cost and expense.
(e) Despite anything to the contrary in the preceding paragraphs, in case of
damage or destruction to any shelter or improvement on the premises,
County may elect to terminate this lease agreement by written notice upon
Lessors. In such event, County shall not be obligated to repair or restore
the building or improvements, but shall be obligated to remove any debris
caused by such damage or destruction and shall return the premises to a
condition at least as good as that existing at the commencement of this
lease. On such termination, rent and any other sums payable by County
to Lessors shall be prorated as of the termination date. In the event that
any rent or other sums due have been paid in advance by the County,
Lessors shall rebate any such payment for the unexpired period for which
payment shall have been made.
sz~oss.v~
13. Utilities. County shall fully and promptly pay for all water, light, power,
telephone service and other public utilities of every kind furnished to the
premises throughout the term of this lease agreement, and all other costs in
connection with the use, operation and maintenance of the premises and a?I
activities conducted on the premises, and Lessors shall have no responsibility for
any such utilities.
14. Liens. The County shall keep the premises and the property free from any liens
or encumbrances arising out of any work performed by the County, materials
furnished by the County, or obligation incurred by the County.
15. Redelivery of Premises.
(a) At the expiration or earlier termination of this lease agreement, County
shall peaceably and quietly quit and surrender to Lessors the premises in
good order and condition subject to the other provisions of this lease
agreement. Unless otherwise agreed in writing, any bus stop/shelter and
related fixtures shall remain County property and County shall remove
them upon expiration or termination of this lease; provided the County
shall repair any damages to the paved surface of the premises, or to other
improvements at the premises, at the County's sole cost and expense.
The paved surface, gate or chain, and other fixtures shall remain in place
after expiration or termination of this lease agreement, unless otherwise
agreed in writing.
(b) In the event of nonperformance by County of any of the covenants of the
County undertaken in this lease agreement, this lease may be terminated
as provided elsewhere in this instrument.
16. Notice of Default
(a) County shall not be deemed to be in default under this lease agreement in
the payment of rent or any other moneys as required unless Lessors shall
first give to County fifteen (15) days' written notice of the default and
County fails to cure the default within the fifteen (15) day period.
(b) Except for the events referred to in the preceding paragraph of this
section, County shall not be deemed to be in default under this lease
agreement unless Lessors shall first give to County thirty (30) days' written
notice of the default, and County fails to cure the default within the thirty
(30) day period, or, if the default is of such a nature that it cannot
reasonably be cured within thirty (30) days, County fails to commence to
cure the default within the period of thirty (30) days, or fails thereafter to
proceed to the curing of the default with all reasonable diligence.
sz~oss.v~
17. Default
(a) Right to Re-enter. In the event of (i) any failure of the County to pay any
rent due following notice as provided herein, or (ii) any failure to perform
any other of the terms, conditions, or covenants of this lease to be
observed or performed by the County (except for a default in the payment
of rent) for more than thirty (30) days after written notice of such default
shall have been mailed to the County, or (iii) the occurrence of any event
described in paragraph 12 above, or (iv) if the County shall abandon the
premises, or suffer this lease to be taken under any writ of execution, any
such happening shall be considered a default by the County, and Lessors,
besides any other rights or remedies they may have, shall have the
immediate right, with or without termination, of re-entry and may remove
all persons and property from the premises and such property may be
removed and stored in a public warehouse or elsewhere at the cost of,
and for the account of the County, all without service of notice or resort to
legal process and without Lessors being deemed guilty of trespass, or
becoming liable for any loss or damage which may be occasioned
thereby.
(b) Riaht to Relet. Should Lessors elect to re-enter under paragraph (a)
above or should take possession pursuant to legal proceedings or
pursuant to any notice provided for by law, they may either terminate this
lease or they may from time to time without terminating this lease, make
such alterations and repairs as may be necessary in order to relet the
premises, and relet the premises or any part thereof for such term or
terms (which may be for a term extending beyond the term of this lease)
and at such rent and upon such other terms and conditions as Lessors in
their sole discretion may deem advisable. All rents received by the
Lessors from such reletting shall be applied (i) to the payment of any
indebtedness (other than rent due hereunder) from the County to Lessors,
(ii) to the payment of any costs and expenses of such reletting and of such
alterations and repairs, (iii) to the payment of rent due and unpaid
hereunder; and the residue, if any, shall be held by Lessors and applied in
payment of future rent as the same may become due and payable
hereunder. If the rent received from such reletting during any year is less
than that to be paid during the year by the County hereunder, the County
shall pay any such deficiency (which shall be calculated and paid
monthly) to Lessors.
(c) Termination. Upon any default by the County, as that term is defined in
paragraph 16 above, Lessors may terminate this lease by giving written
notice to the County of intention to do so, specifying a day not earlier than
thirty (30) days thereafter, and the term of this lease and all right, title and
interest of the County hereunder shall expire as fully and completely on
the day so specified as if that day were the date fixed in this lease for the
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expiration of the term. No re-entry or taking possession of the premises
by Lessors shall be deemed their election to terminate this lease unless a
written notice of termination is given to the County or unless the
termination is decreed by a court of competent jurisdiction. Lessors may
at any time after reletting the premises without terminating this lease, elect
to terminate this lease for the County's previous default.
(d) Nonwaiver. The waiver by Lessors of any breach of any term, covenant
or condition of this lease shall not be deemed a waiver of such term,
covenant or condition or of any subsequent breach of any term, covenant
or condition. The subsequent acceptance of rent by Lessors shall not be
deemed a waiver of any preceding breach by the County of any term,
covenant or condition of this lease, other than the failure of the County to
pay the particular rent so accepted, regardless of Lessors' knowledge of
such preceding breach at the time of such acceptance.
(e) No Accord and Satisfaction. No payment by the County or receipt by
Lessors of a lesser amount than the rent herein stipulated shall be
deemed to be other than on account of the rent claimed by Lessors, nor
shall any endorsement or statement on any check or any letter
accompanying any check or payment as rent be deemed an accord and
satisfaction, and Lessors may accept such check or payment without
prejudice to Lessors' right to recover the balance of such rent or pursue
any other remedy provided in this lease.
(f) Late Fee and Interest on Past Due Amounts. The County hereby
acknowledges that late payment by the County of rent and other sums due
under this lease will cause the Lessors to incur costs not contemplated by
this lease, the exact amount of which will be extremely difficult to
ascertain. Such costs include, but are not limited to, processing and
accounting charges and late charges which may be imposed on the
Lessors by the terms of any master lease or any mortgage covering the
premises. Accordingly, if any amount owing by the County hereunder is
not paid to Lessors within ten (10) days after the due date thereof, a late
fee equal to five percent (5.0%) of the amount past due shall be
immediately due and payable to Lessors. Any amounts owing by the
County to Lessors under the terms of this lease shall carry interest from
the date thirty (30) days after it becomes due until paid at the rate of
twelve percent (12%) per annum. Said late fees and interest shall be
considered as a part of the rent payable under this lease.
(g) Waiver of Jurv Trial and Venue. The parties each hereby waive trial by
jury in any action, proceeding or counterclaim brought by either against
the other on any matter whatsoever arising out of or in any way connected
with this lease or the County's use or occupancy of the premises, including
any claim of injury or damage, and any emergency and other statutory
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remedy with respect thereto. The parties also agree that the venue of any
such action, proceeding or counterclaim shall be in the South Hilo
Division of the District or Circuit Court of the Third Circuit, as
appropriate.
18. Condemnation.
(a) Automatic Termination of Lease. Except as may othervvise be required by
any mortgage on the property, if the whole of the premises shall be taken
by any public authority under the power of eminent domain, then the term
of this lease shall cease as of the day possession is taken by such public
authority, and all rent shall be paid up to that date. If only a part of the
premises shall be taken under eminent domain, this lease shall terminate
as to the portion taken, and, unless this lease shall be terminated as
hereinafter provided, it shall continue in full force and effect as to the
remainder of the premises, and the base rent shall be reduced in the
proportion the area taken bears to the total area leased, and the County at
its own cost and expense, shall make all necessary repairs and
alterations to the premises required by such taking.
(b) Option to Cancel. If the remainder of the premises cannot be made
tenantable for the purposes for which the County has been using the
premises, the County shall have the option, to be exercised within thirty
(30) days after the filing of such eminent domain action, of canceling this
lease effective as of the date the condemning authority shall take
possession; provided, however, that if more than fifty percent (50%) of the
area of the premises shall be taken under power of eminent domain,
either party, by written notice to the other delivered on or before the date
of surrendering possession to the public authority, may terminate this
lease, effective as of such surrender of possession. All compensation and
damages of any type awarded for any taking, whole or partial, shall belong
to and is the property of the Lessors except as hereinafter provided.
(c) County's Damages. The County shall have the right to claim and recover
from the condemning authority, but not from the Lessors, such
compensation as may be separately awarded or recoverable by the
County in the County's own right on account of any cost or loss to which
the County might be put in removing the County's fixtures and equipment.
19. Disposition of Improvements on Termination of Lease. On termination of this
lease agreement for any cause, any improvements shall be disposed of pursuant
to Paragraph 15 above. The County makes no warranty or representation
regarding the condition of any building or improvements, or the fdness of any
buildings or improvements for any purpose, and Lessors understand and agree
that they will receive any and all buildings and improvements under this lease
agreement "as is" with any defects, without any warranties of any kind
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whatsoever, and Lessors assume the risk of any defects or deficiencies in the
condition or suitability of such buildings or improvements for any purposes.
20. Effect of County Holding Over. Any holding over after the expiration of the term
of this lease agreement shall, with the consent of Lessors, be construed to be a
tenancy from month-to-month, at the same monthly rental as required to be paid
by County for the period immediately prior to the expiration of the term of this
lease agreement, and shall otherwise be on the terms and conditions specified in
this lease agreement, so far as applicable.
21. Hazardous or Toxic Materials. Lessors warrant that they have not received any
written notice from any governmental authority having jurisdiction over the
subject property that the subject property is in violation of the Comprehensive
Environmental Response, Compensation and Liability Act of 1989, as amended
("CERCLA"), the Resources Conservation and Recovery Act of 1976, as
amended ("RCRA"), the Toxic Substance Control Act, as amended, the
Hazardous Materials Transportation Act, as amended, or any statute governing
underground storage tanks or asbestos. Lessors represent and warrant that to
the actual knowledge of Lessors (without undertaking any investigation or
inquiry) the subject property does not contain any hazardous or toxic materials
prohibited by law. Lessors shall indemnify and hold harmless the County from
and against any and all claims, demands or losses in connection with the release
of hazardous or toxic materials caused by Lessors. County shall indemnify and
hold harmless the Lessors from and against any and all claims, demands or
losses in connection with the release of hazardous or toxic materials caused by
County, its agents or employees.
22. Parties Bound. The covenants and conditions contained in this lease agreement
shall, subject to the provisions as to assignment, transfer, and subletting, apply to
and bind the heirs, successors, executors, administrators and assigns of all of
the parties to the lease agreement. All of the parties shall be jointly and severally
liable under this lease agreement.
23. Time of the Essence. Time is of the essence of this lease agreement, and of
each and every covenant, term, condition, and provision of this lease agreement.
24. Section Titles. The titles appearing after the section numbers of this lease
agreement are for convenience only and are not a part of this lease agreement
and do not in any way limit or amplify the terms and conditions of this lease
agreement.
25. Governing Law. It is agreed that this lease agreement shall be governed by,
construed, and enforced in accordance with the laws of the State of Hawaii.
26. Entire Agreement. This lease agreement shall constitute the entire agreement
between the parties. Any prior understanding or representation of any kind
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preceding the date of this lease agreement shall not be binding upon either party
except to the extent incorporated in #his agreement.
27. Additional Documents. The parties agree to execute whatever papers or
documents that may be necessary to effectuate the terms of this lease
agreement.
28. Liabili .Subject to self-insurance and financial procedures, including any
necessary County Council appropriations and approvals, County assumes
responsibility for the maintenance and upkeep costs of the parking lot, and any
bus stop shelter, and shall indemnify the Lessors against any damages to
persons or property which may arise out of the County's use of the premises
under this lease agreement.
29. Council Approval. This lease agreement is a multi-year contract subject to
County Council approval pursuant to Hawaii County Charter Section 10-11.
30. As Is Lease. Except as expressly set forth in this lease, the Lessors make no
representations or warranties of any kind regarding the premises or any
improvements located thereon, or the fitness of the premises or any such
improvements for any purpose, and County understands and agrees #hat it will
receive the premises and any improvements under this lease agreement in an
"as is" "where is" condition, and County assumes the risk of any defects or
deficiencies in the condition or suitability of the premises and such improvements
for any purposes.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first above written.
COUNTY OF HAWAII
ey: Ft+ s~ ~ << A~M r G A~ T
FUSAE KAMIGAKI, Succe or Trustee under
that certain unrecorded Revocable Trust of
Takeshi Kamigaki dated September 3, 1987
.GC-4 ' .
FUSAE KAMIGAKI, Truste underthat
certain unrecorded Revoc le Trus# of Fusae
Kamigaki dated September 3, 1987
sz~ass.v~
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this day of ~/u- ~~1 , 2006, before me personally
appeared FUSAE KAMIGAKI, Successor Trustee under that certain unrecorded
Revocable Trust of Takeshi Kamigaki dated September 3, 1987 and Trustee under that
certain unrecorded Revocable Trust of Fusae Kamigaki dated September 3, 1987, to
me known to be the persons described in and who executed the foregoing instrument,
and acknowledged that they executed same, as their free act and deed as said trustees.
~„aoa~uM•„+ry~ •4• -y,
;.~•°~N,,,.,,.,.., ~qT
ry Signature
s~~,, W~s1 ';9'
r` V * ~ Helen M. Nagafia
* 's t.1~` a
=y P~~~ ~ Name (type or print)
v~,°,r,~~........~~~r~,~' Notary Public, State of Hawaii
•`"•••w,.~F My commission expires: JANUARY 4, tuJ9
627069.V1
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of , 2006, 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 (2000), as amended; and said
HARRY KIM acknowledged said instrument to be the free act and deed of said County
of Hawaii.
Signature
Name (print or type)
Notary Public, State of Hawaii
My Commission Expires:
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Exhibit A2
SCHEDULE C Exhibit B
All of that certain parcel of land situate at Keekee 1st, District of
South Kona, State of Hawaii, described as follows:
LOT 4, area 8,916 square feet, more or less, as shown on Map 2, filed
in the Office of the Assistant Registrar of the Land Court of the
State of Hawaii with Land Court Application No. 1609 of Alice Kealoha
Hao, Administratrix of the Estate of David Hao, also known as David
Kalua Hao, Deceased, and others.
Being land(s) described in Transfer Certificate of Title No. 311,956
issued to TAKESHI KAMIGAKI, Trustee under that certain unrecorded
Revocable Trust of Takeshi Kamigaki dated September 3, 1987, with
powers to sell, mortgage, lease, etc., and FUSAE KAMIGAKI, Trustee
under that certain unrecorded Revocable Trust of Fusae Kamigaki dated
September 3, 1987, with powers to sell, mortgage, lease, etc., as
Tenants in Common, in equal shares.
BEING THE PREMISES ACQUIRED BY WARRANTY DEED
GRANTOR TAKESHI KAMIGAKI and FUSAE KAMIGAKI, husband and
wife
GRANTEE TAKESHI KAMIGAKI, Trustee under that certain
unrecorded Revocable Trust of Takeshi Kamigaki
dated September 3, 1987, and FUSAE KAMIGAKI,
Trustee under that certain unrecorded Revocable
Trust of Fusae Kamigaki dated September 3, 1987, as
Tenants in Common, in equal shares
DATED September 3, 1987
FILED Land Court Document No. 1594210
END OF SCHEDULE C
2oo6iz7s6 Title Guaranty of Hawaii, Inc.
7JS QUEEN SI..HONOLULU. HNYVl14 %Bi3, PH:18081`a93526t '
SCHEDULE ~ Exhibit C
A1T of that certain parcel of land situate at Keekee 1st, District of
South Kona, State of Hawaii, described as follows:
LOT 5, area 8,960 square feet, more or less, as shown on Map 2, filed
in the Office of the .Assistant Registrar of the Land Court of the
State of Hawaii with Land Court Application No. 1609 of Alice Kealoha
Hao, Administratrix of the Estate of David Hao, also known as David
Kalua Hao, Deceased, and others.
Being land(s) described in Transfer Certificate of Title No. 311,955
issued to TAKESHI KAMIGAKI, Trustee under that certain unrecorded
Revocable Trust of Takeshi Kamigaki dated September 3, 1987, with
powers to sell, mortgage, lease, etc., and FUSAE KAMIGAKI, Trustee
under that certain unrecorded Revocable Trust of Fusae Kamigaki dated
September 3, 1987, with powers to sell, mortgage, lease, etc., as
Tenants in Common, in equal shares.
BEING THE PREMISES ACQUIRED BY WARRANTY DEED
GRANTOR TAKESHI KAMIGAKI and FUSAE KAMIGAKI, husband and
wife
GRANTEE TAKESHI KAMIGAKI, Trustee under that certain
unrecorded Revocable Trust of Takeshi Kamigaki
dated September 3, 1967, and FUSAE KAMiGAKI,
Trustee under that certain unrecorded Revocable
Trust of Fusae Kamigaki dated September 3, 1967, as
Tenants in Common, in equal shares
DATED September 3, 1987
FILED Land Court Document No. 1599210
END OF SCHEDULE C
200612755 Title Guaranty of Hawaii, Inc.
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