HomeMy WebLinkAboutCOM 0930.000 1996-1998
? JH1V OF N7W
Stephen K. Yamashiro Harry A. Takahashi
Mavor _ Dire, mr
S.K. Schulte
-E of n~ Deputy
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DEPARTMENT OF FINANCE C
25 Aupuui Street, Room 118 • Hilo, Hawaii 96720-4252
(808) 961-8234 • Fax (808) 961-8248
July 22, 1998
The Honorable James Arakaki, Chairperson and
Members of the County Council
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Enclosed is a resolution authorizing the Director of Finance to issue a license
through negotiation and without public auction for the temporary occupancy of
County-owned land to allow Mobile One, Inc. to reconstruct, operate and
maintain a transmitter building and antenna under conditions to best serve the
interests of the County.
Also enclosed in the License Agreement for your information.
If there are any questions, please do not hesitate to call the Department of
Parks & Recreation.
Harry A. Takah shi
Director of Finance
APPROVED:
hen . amashiro
ayor
Encs.
Res. A99-98
Comm. Na _ 9~
1% No. 0 ()C,
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LICENSE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose
business and post office address is 25 Aupuni Street, Hilo, Hawaii 96720, by and through its
Mayor, Stephen K. Yamashiro, hereinafter called the "Grantor," in consideration of the sum of
TWO HUNDRED DOLLARS ($200.00) per month to it paid by MOBILE ONE, INC., whose
post office address is P.O. Box 25670, Honolulu, Hawaii 96825, hereinafter called the
"Grantee." the receipt whereof is hereby acknowledged, does hereby grant and convey unto the
said Grantee, its legal successors and assigns, a non-exclusive license for road and utility
purposes over, under and across the following described property:
All of that certain parcel or parcels of land more fully described in Exhibit "A," attached
hereto and made a part hereof.
SUBJECT, HOWEVER to the terms, covenants and conditions set forth below.
1. Term of License. This License shall be effective for a period of one (1) year
from the date of execution and may be renewed annually at the sole discretion of the Grantor.
2. Grantor's Reservation of Rights The Grantor reserves the right to further
grant and convey to others rights over, under and across the licensed area without the consent of
the Grantee; provided, however, that such rights will be excercised in such a manner that will not
interfere unreasonably with Grantee's rights hereunder.
3. Improvements Maintenance and Repair. The Grantee will not at any time
erect any building or structure of any kind either over, under or across the surface of the ground
within said licensed areas, without the prior written consent of the Grantor.
After completion of any such construction, maintenance or repair work by Grantee, and
as often as the Grantee shall excavate or open the licensed areas, the Grantee shall cause every
such opening to be replaced, solidly tamped, and the surface of the land to be restored to its
previous condition as nearly as possible, including landscaping and the resurfacing of any paved
areas and the replacing of any sidewalks and/or curbing with the same kind of material and the
same type of construction theretofore existing, or if not available, of a type satisfactory to the
Grantor.
4. Fare and Diligence- Grantee's Use of Licensed Area The Grantee will use
due care and diligence in the excercise of the Grantee's rights hereunder, and will excercise the
Grantee's rights hereunder in such a manner as to occasion minimal interference with or
interruption to the use of the licensed area by the Grantor and other persons who may now have
or hereafter acquire rights in the licensed area.
5. Observance of Laws. The Grantee will at all times observe and perform all laws,
ordinances, rules and regulations now or hereafter made by any governmental authority
applicable to the easement area or any improvement or use thereof, and will indemnify the
Grantor against all actions, suits, damages and claims by whomsoever brought or made by
reason of the Grantee's nonobservance or nonperformance of such laws, ordinances, rules and
regulations.
6. Termination. The easement, rights and privileges granted under this agreement
may be terminated by either party giving ninety (90) days prior written notice. Said license,
rights and privileges shall also terminate if the use of the licensed area is abandoned by Grantee
for a period of at least six (6) months.
7. Indemnification. The Grantee shall indemnify, defend, and hold harmless the
Grantor against all claims and demands for costs, expenses, attorney's fees, loss or damage
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whatsoever, including property damage, personal injury and wrongful death, arising out of or in
connection with the Grantee's use of the licensed area, and will reimburse the Grantor for all
costs and expenses, including reasonable attorney's fees, incurred in connection with the defense
of any such claims.
AND said Grantor does hereby covenant with said Grantee that it is lawfully seized in fee
simple of said granted property and it has good right to grant and convey a license as aforesaid;
that said property is free and clear of all encumbrances; and that it will, and its successors and
assigns shall warrant and defend the same unto the Grantee, its legal successors and assigns,
against the lawful claims and demands of all persons.
IN WITNESS WHEREOF, the parties hereto have executed this License Agreement on
this day of 1998.
RECOMMEND APPROVAL: COUNTY OF HAWAII
By
Director STEPHEN K. YAMASHIRO
Department of Parks & Recreation Its Mayor
APPROVED AS TO FORM MOBILE ONE, INC.
AND LEGALITY:
By
Deputy Corporation Counsel
Date: Its
LICENSE AGREEMENT
COUNTY OFHAWAIIandMOBILEONE, INC GS:pc\GS:License
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