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Home My WebLink AboutRES 250 Draft 01 2006-2008 lad; COUNTY OF HAWAII STATE OF HAWAII ~'i:'o.~ar' RESOLUTION NO. 250 0'7 RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND MORE THAN ONE FISCAL YEAR FOR AMULTI-YEAR LEASE OF REAL PROPERTY AT THE HILO LAGOON CENTRE FOR THE DEPARTMENT OF RESEARCH AND DEVELOPMENT WHEREAS, the Department of Research and Development currently shares office space with other County departments at the Puainako Center; and WHEREAS, the space being leased at the Puainako Center is not large enough to adequately accommodate staff, hold meetings, and serve the public; and WHEREAS, office space at the Hilo Lagoon Centre (Unit #1014C), 101 Aupuni Street, Hilo, Hawaii is currently available for lease; and WHEREAS, Unit #1014C contains an area of 2,622 square feet, requires minimal improvements, and can accommodate the needs of the Department of Research and Development; and WHEREAS, the proposed office will also provide a central and convenient location for the Department of Research and Development; and WHEREAS, the relocation of the Department of Research and Development will increase the availability of space for the remaining County departments at the Puainako Center; and WHEREAS, the County wishes to enter into amulti-year lease with the Tsuruyo Oda Trust for Unit #1014C for three (3) years, starting August 1, 2007; and WHEREAS, a copy of the Proposed General Terms and Conditions is attached; and WHEREAS, Section 10-11 of the 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. 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 office space located at the Hilo Lagoon Centre, Unit #1014 C. 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 Finance and the Department of Research and Development. Dated at xilo ,Hawaii, this loth day of July , 2007. INTRO CED BY: (1yr'~- COUNCIL MEMBER, O N Y O HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYgS NOES ABS EX Hilo, Hawaii FORD X I hereby certify that the foregoing RESOLUTION was by the H IGA vote indicated to The right hereof adopted by the COUNCIL of HO FMANN X the County of Hawaii on July 10 2007 IKEDA X JACOBSON X _ ATTEST NAEOLE X PILAGO X YAGONG X YOSHIMOTO X 7 0 2 0 /t Reference C-510/Waived FC C N Y CLERK CIiAIRMA ESIDING OFFICER R SOLUTION NO. 250 COUNTY OF HAWAII OFFER TO LEASE PROPOSED GENERAL TERMS AND CONDITIONS Date: June 18, 2007 To: TSURUYO ODA TRUST c/o Vern Yamanaka From: William Takaba, Finance Director County of Hawaii Attention: Subject to the approval of the Hawaii County Council, the COUNTY OF HAWAII ("County") offers to lease the premises described below from the TSURUYO ODA TRUST ("Landlord"), on the following terms and conditions: AREA AND LOCATION: Approximately 2,622 square feet of office space in the Hilo Lagoon Centre, identified as Unit #1014 C, Tax Map Key: 3`d/ 2-2-014-010-0270, Hilo, Hawaii. USE OF PREMISES: The premises shall be used for the following purpose: Office space for the County of Hawaii TERM: The term of the lease shall be for three (3) yeazs beginning August 1, 2007, or the date of delivery of the space to the County, whichever comes later. OPTION TO CANCEL: County and Landlord shall have an unconditional right to terminate this lease with no penalty effective after three (3) years with one hundred eighty (180) days prior written notice to the other P~Y• RENT: Four Thousand Seven Hundred Dollazs ($4,700.00) per month. Offer to Lease Page 2 June 18, 2007 COMMON AREA MAINTENANCE: Common area maintenance (CAM) chazges as charged by the Hilo Lagoon Centre shall be $2,326.16 per month and paid by the County of Hawaii in addition to the rent. The County shall be responsible for any increases in CAM charges. BUILDING SERVICES: The Landlord shall be responsible for all building services included in the CAM charges and as provided by the Hilo Lagoon Centre. The County shall be responsible for: • Janitorial maintenance of the interior of the premises. • Replacement of light bulbs. Telephone services. • Any other special services that may be required by the County. HAZARDOUS MATERIALS: To Landlord's current actual knowledge, the premises are free of hazardous waste. PARHING: That pazking designated by the Horizontal Property Regime for The Hilo Lagoon Centre as shown on Condominium Map No. 876 shall be provided for Tenant's use as part of the lease. EXCISE TAX: In addition to the rent, County shall pay the Hawaii General Excise Tax (currently 4.166%), or any successor tax, which may be payable thereon. REAL PROPERTY TAX: County shall be responsible for payment of real property taxes. Landlord agrees to submit a claim for exemption from real property tax as provided by Section 19-84 of the Hawaii County Code. Tenant will cooperate fully with Landlord in obtaining such exemption. DEPOSIT: None Offer to Lease Page 3 June 18, 2007 OCCUPANCY: County shall be given occupancy of the premises by August 1, 2007, or upon completion of all improvements required of the Landlord, whichever occurs later. If there is a delay in Landlord giving occupancy, which delay is caused by events beyond the control of the Landlord, the obligation to pay rent shall be deferred until such occupancy shall be granted in writing to County by Landlord, and the expiration date of the lease shall be adjusted back the same number of days as the period delay in the commencement date of the lease. Notwithstanding the foregoing, if the Landlord fails to deliver the premises by October 1, 2007, the County shall have the right to terminate the lease with no fiirther obligations for rent and all deposits and prepaid rent shall be returned to the County. SUBLEASING AND ASSIGNMENT: County shall not assign or sublease the whole or any portion of the premises without the prior written consent of Landlord, which consent shall be unreasonably withheld. LEASEHOLD IMPROVEMENTS Landlord shall provide, at its expense, the following AND DRAWINGS: leasehold improvements and drawings prior to occupancy. • Cleaning of floors and carpets • Removal of any debris or trash remaining from the previous tenant. • Patching of any holes in walls or ceilings and repainting as necessary. • Replacing of any damaged or stained ceiling tiles or repainting of stained ceilings. • Insuring that existing carpeting is clean and repairing any lifting edges or seams. Offer to Lease Page 4 June 18, 2007 FACSIMILES: The parties hereto agree that telephone facsimile (FAX) copies of any documents required to be executed by the provision herein will be accepted as if signed in person, as originals. Upon request, the party submitting the facsimile shall provide the original document within a reasonable time. However, failure to provide such an original shall have no effect upon the validity of the execution by facsimile. COUNTERPARTS: The parties hereto agree that this Offer may be executed in several counterparts, each of which shall be deemed an original, and all executed counterparts when taken together shall constitute a single complete agreement as long as each pazty has signed at least one counterpart. INSURANCE: County is aself-insured government entity. No insurance policy required. ADA: Landlord shall ensure that the building, all improvements, and its common azeas comply with Title III of the American with Disabilities Act ("ADA"). LEASE: County shall prepare a lease in conformity with the terms and conditions specified in this Offer to Lease, together with its standard lease terms, conditions and covenants. SPECIAL CONDITIONS: This offer shall be subject to the approval of the Hawaii County Council. AGENCY DISCLOSURES: Property Management Division, Department of Finance, represents County in this transaction. Offer to Lease Page 5 June 18, 2007 ACCEPTANCE OF OFFER: The acceptance of this Offer, or the acceptance of a counteroffer, shall not create legal rights or obligations with respect to the lease of the premises. Legal rights and obligations shall be created only upon the execution of the lease by Landlord and County. Both parties understand that neither this Offer to Lease nor any discussions or negotiations which the parties may have had or may have in the future regazding the premises shall create any obligation whatsoever on the part of either party to enter into a final and binding contract. By: William Takaba Title: Director of Finance Date: June 18, 2007 Landlord hereby represents to County that Landlord has good title to the premises and has full authority to accept the foregoing Offer and to enter into a lease of the premises in accordance with the terms of this Offer to Lease. Receipt and acceptance of this Offer is hereby acknowledged. By: Title: Trustee Date: