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HomeMy WebLinkAboutRES 317 Draft 01 1998-2000 G�NY • COUNTY OF HAWAILISSTATE OF HAWAII RESOLUTION No. 317 00 RESOLUTION AUTHORIZING THE SALE OF GRANT OF EASEMENT FOR TELECOMMUNICATIONS TOWER PURPOSES SITUATE AT PEPE'EKEO AND MAKAHANALOA, SOUTH HILO, HAWAII, TMK: 3 /2- 8- 07:70(PORTION). WHEREAS, the County of Hawaii is the owner of that certain parcel of land described as the Kulaimano Park site situate at Pepe'ekeo and Makahanaloa, South Hilo, Hawai'i, further identified as Tax Map Key: 3 -8- 07:70, as shown on the map labeled Exhibit "A "; and WHEREAS, located on the County property is the hill, more commonly identified as Pu'u 'Alala; and WHEREAS, because of its location and height, Pu`u 'Alala is a desirable location for the placement of antennas to maximize range and signal strength; and WHEREAS, Pu'u 'Alala currently houses several telecommunications and radio towers including a tower owned by the County of Hawai'i; and WHEREAS, USCOC of Hawaii 3, Inc., dba, U.S. Cellular, has expressed an interest in constructing a 250 foot tower at Pu'u 'Alala; and WHEREAS, the siting of antennas at one location is preferable over the proliferation of towers within a geographically strategic community; and 1 7 • • WHEREAS, U.S. Cellular has completed the environmental review process as required under Chapter 343, Hawai'i Revised Statutes, as amended; and WHEREAS, representatives from U.S. Cellular attended the meetings of the Pepe'ekeo Community Association (2- 28 -00) and the Rural South Hilo Community Association (3- 15 -00) to present their proposed tower plan and to hear comments and concerns from the people most closely affected by the proposed project; and WHEREAS, the members of the community have been generally receptive to U.S. Cellular's proposal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, through its authority under Section 2 -111, Hawai'i County Code, that the Finance Director or her authorized representative, is hereby authorized to sell, at public auction, a grant of easement for telecommunications tower purposes, over a portion of Tax Map Key: 3`'/2 -8 -07:70 in a manner consistent with the applicable sections of Chapter 2, Article 19, Real Property Disposition, Hawai'i County Code, subject to but not limited to the following terms and conditions: 1. The easement area on Pu'u 'Alala (Premises) shall be approximately 10,000 square feet, more or less, together with access and utility corridor(s) to the Premises; 2. The term of the grant of easement shall be twenty -five (25) years; 2 • • 3. The minimum upset rent at auction shall be six thousand dollars per year ($6,000 /year), however, in lieu of yearly rent, the grantee, its successors and assigns shall construct, within the district commonly referred to as Pepe'ekeo and /or Kulaimano, capital improvements, at a value to be determined utilizing the contract rent and the appropriate factor from the Inwood Tables; 4. The Grantee, its successors and assigns shall be restricted to the construction of one (1) tower only on the Premises; 5. The Grantee, its successors and assigns may sublease, permit or allow others to utilize space on the tower to be constructed on the Premises, subject to consent by the County of Hawaii. 6. The Grantee, its successors and assigns shall pay to the County of Hawai'i, on a monthly or such other mutually agreed to basis, fifteen percent (15 %) of the gross compensation received by the Grantee, its successors and assigns from any sub - lessee, permittee, or user of space on the tower situate on the Premises together with an itemized statement. Information on the statement shall include but not be limited to the name of the sub - lessee, permittee or user, the monthly payment, the 15% monthly payment due to the County of Hawai'i and the total payment due to the County of Hawaii; 7. Should the Grantee, its successors and assigns, fail to permit co- location by other telecommunications companies on the tower to be built on the Premises, the County of Hawai'i reserves the right to grant and convey to others, subleases, permits or other rights to utilize space on the tower. 3 • Such right shall be exercised in such a manner that will not interfere unreasonably with the operations of the Grantee, its successors and assigns. Fees for the subleases, permits or other rights to utilize space on the tower shall be shared as follows: fifteen percent (15 %) for the County of Hawai'i and eighty -five percent (85 %) for the Grantee, its successors and assigns. 8. The County of Hawaii reserves the right to further grant and convey to others, easement rights over, under and across the Premises without the consent of the Grantee, its successors or assigns. The provision shall provide that such right will be exercised in such a manner that will not interfere unreasonably with the operations of the Grantee, its successors and assigns. 9. The Grantee, its successors, assigns, sub - lessees, permittees, renters and users of space shall not use or affect the subject property in any way which interferes with the existing or future telecommunications operations or any other operations of the County of Hawai'i or its agencies. 10. It shall be the responsibility of the Grantee, its successors and assigns to apply for and obtain at the cost and expense of the Grantee, its successors and assigns, all governmental approvals, permits and licenses necessary for the use of the Premises by the Grantee, its successors and assigns. 11. The Grantee, its successors, assigns, sub - lessees, permittees and users of space, shall fully comply with all applicable statutes, laws, ordinances, rules 4 and regulations concerning worker safety and health during periods of construction, re- construction, repair and /or maintenance on the Premises. 12. The Grantee, its successors and assigns shall indemnify, defend and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for property damage, personal injury, and death arising out of any act or omission of the Grantee, its successors and assigns under this Grant or relating to or connected with the granting of this easement; 13. The Grantee, its successors and assigns shall procure, at its own expense, and maintain during the entire period of this Grant, from an insurance company or companies licensed to do business in the State of Hawai'i, a policy or policies of comprehensive public liability insurance, in an amount acceptable to the County of Hawaii ($500,000 per incident/$1,000,000 aggregate) insuring the County of Hawaii against all claims for personal injury, death, and property damage; that said policy shall cover the entire easement area, including all improvements and grounds and all roadways or sidewalks on or adjacent to the said easement area in the control or use of the Grantee, its successors and assigns; 14. The Grantee, its successors and assigns shall not mortgage, hypothecate, or pledge any interest in this Grant of Easement without the prior written approval of the Mayor of the County of Hawaii and any mortgage, hypothecation or pledge without the approval of the Mayor of the County of Hawai'i shall be null and void; 5 • • 15. In the event any unanticipated sites or remains such as bone or charcoal deposits, human burials, rock or coral alignments, pavings or walls are encountered, the Grantee, its successors and assigns shall stop work and contact the State Historic Preservation Division in Honolulu at (808) 692 -8015 immediately; and 16. Such other terms and conditions which are in the best interest of the County of Hawai'i. BE IT FURTHER RESOLVED, that the Clerk of the County of Hawaii transmit copies of this resolution to the Honorable Stephen K. Yamashiro, Mayor of the County of Hawai'i, and to Ms. Donna Y. L. Leong, Esq., of Cades, Schutte, Fleming and Wright, Attorney for U.S. Cellular. Dated at Hilo, Hawai'i, this day of , 2000. INTRODUCED BY: • COUNCIL MEMBER, COUf4TY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i - - AYES NOES ABS EX Hilo, Hawai`i ARAKAKI CHUNG I hereby certify that the foregoing RESOLUTION was by ELARIONOFF The vote indicated to the right hereof adopted by the COUNCIL of the JACOBSON County of Hawaii on LEITHEAD -TODD PISICCHIO ATTEST: SMITH TYLER YAGONG Reference: 0-899 JFC 6 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 317 00 it 1 - . 0 I 7 `\ is ._ - . O' �..���.� � r� ► O M . 1 I � A j g it l i 1 S \ +' Nl ‘tl""�+...4,„,„.., i �ttt I J) r ', • .4.: r.1 ` �, ,� . 2 1 'h , r� r.. L I _ „ e.�y � y GT..w S.✓Ab.. / I a � , G i 4 1,t ., r .•°/ai ., /a•. SWIMS or en. L ° 47 Z ,. .P r' e� • 4 Q - Yn nw / 'Nr wr/e �- r ANORwoC CAMP I / - T 09 -_ 1 don, ease .. — • O¢ Jam / �. ' I i FL. AT _ _ . - , . 4 .. 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