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HomeMy WebLinkAboutRES 423 Draft 02 2004-2006 ~yrv o~ e ~o~... .,.yam COUNTY OF HAWAII ' ~ STATE OF HAWAII RESOLUTION NO. 423 ~?6 DRAFT 2 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 yeaz 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 pazking 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 identified 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 yeaz, for a total cost of $21,874.86 per yeaz, plus the waiver of the parcels' real property taxes (present cost of $666.85 and $662.91 per yeaz, 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 H, ~ n , Hawaii, this 7th day of September , 2006. INTRODUCED BY: COUN L MEMBER, COUNTY OF WAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the HIGH X vote indicated to the right hereof adopted by the COUNCIL of HOPPMANN X the County ofHawai`i on 4 ptember 7 2006 HOLSCHUH X IKEDA X ATTEST: ISBELL X JACOBSON g PILAGO X SAFARIK X 9 0 0 0 Reference C1011.2 /FC - 3 21 423 6 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. (Draft 2) LAND COURT REGULAR SYSTEM (AREA ABOVE RESERVED FOR RECORDING INFORMATION) After Recordation, Return by D Mail or ? Pick-up (Phone ) FILL IN NAME AND ADDRESS BELOW: Office of the Corporation Counsel (IMT) Hilo Lagoon Centre 101 Aupuni Street, Suite 325 Hilo, Hawai°i 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 1 Exhibit I 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 HAWAI'1, 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 2 initial term, except as otherwise stated herein, and that 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 (ease 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. 3 (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 $48.84. 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 peaceable 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 forteiture 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 Entry 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. Subletting 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 otherwise 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 4 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 Currently 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 lease agreement to be given or made or sent, by either pasty, 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. 5 12. Construction and Maintenance of Parking 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. Incase 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 carry 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. 6 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 all 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. 7 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) Right 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 8 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 shad 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 the 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 9 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 otherwise 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) Countv'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 fitness 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 10 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 Countv 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 ("CERGIA"), 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 11 preceding the date of this lease agreement shall not be binding upon either party except to the extent incorporated in this 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 that 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 By: County FUSAE KAMIGAKI, Successor Trustee under that certain unrecorded Revocable Trust of Takeshi Kamigaki dated September 3, 1987 Lessor 12 FUSAE KAMIGAKI, Trustee under that certain unrecorded Revocable Trust of Fusae Kamigaki dated September 3, 1987 Lessor RECOMMEND APPROVAL: Bruce McClure, Director Department of Public Works APPROVED AS TO FORM AND LEGALITY: IVAN M. TORIGOE Deputy Corporation Counsel County of Hawaii Ground Lease for Public Parking Improvements-Kamigaki 13 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of , 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. Signature Name (type or print) Notary Public, State of Hawaii My commission expires: 14 ~ a~°"~& Rp~tty~ie°Rd~ L ~O Z d~~ O`.e~`a xona - - ~~laola Rd HaaF;apiip° N~ - - - i laleki'i KEALAKEKUA Nani I{u ~ p PARCEL LOCATION TMK.: 8-1-12:05 & 06 S~hpo1 Rd Ala'lC PI 1`e a KA~~~aena Konawmu t~mi~ ~ . _ . Kooawarna C~n°unt Ranch Rd Dw. Sc5oo1 - - - - Meteana Pl Sgd 'r S~SOhr }:eo4°ka Rd ~axtSgJ ICcoPul`a d Ke°4Gook Ra. L 1~ G° ~~R ~ i~ '(+,d G9 ~~~a1oa ~ 11 _ ~ ~~al~Q~f`~ ~z r Y~o Exhibit Al STREET KE'E-KE E Z 0 ~ Americon Bonk SOVin9s Orchid /s/e NANI KUP(//yq p~CE Cofe ? Bonk of Howaii i; PARCEL LOCATION a TMK.: 8-1-12:05 & 06 a° 1H° ~ J f.C U ii Community O Q QZ J Q Kona Hongwoni Mission ~ a 0 Exhibit A2 SCHEDULE C Exhibit B All of that certain parcel of land situate at Xeekee 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 KAMIGAK2, 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, 198'7, as Tenants in Common, in equal shares DATED September 3, 1987 FILED Land Court Document No. 1599210 END OF SCHEDULE C zoo6~27se Title Guaranty of Hawaii, Inc. 235 QUEEN St., HONOLULU, HAWAII %873. PH:I808) 5335267 ' SCHEDULE ~ Exhibit C All: of that certain parcel of land situate at Keekee 1st, District of South Kona, State of Hawaii, described as follows: LOT 5, area 8,460 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, 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. 1549210 END OF SCHEDULE C zoo6)z7ss Title Guaranty of Hawaii, Inc. 2350UEEN ST., HONOLULU. I1HWAl196B73, PH:~803)53362fi7