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HomeMy WebLinkAboutRES 209 Draft 01 1994-1996COUNTY OF HAWAII STATE OF HAWAII RESOLUTION No. 2a9 9S RESOLUTION AUTHORIZING EXTENSION OF SUBLEASE AGREEMENT WITH THY AND ASSOCIATES. 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 or more than one fiscal year be approved by resolution; and WHEREAS, the County Council properly approved a sublease agreement whereby the County of Hawaii leased warehouse space of approximately 2,450 square feet at a Makaala Street building from THY and Associates in Hilo, Hawaii; and WHEREAS, said sublease agreement expires on January 3]., 1996: and WHEREAS, the County wishes to enter into a multi-year lease with THY and Associates for six (6) years ending on January 31, 2002 to continue leasing the warehouse space at Makaala Street, NOW THEREFORE, BE IT RESOLVED by the Council of the County of Hawaii: 1. That the Mayor is hereby authorized to enter into an extension of sublease agreement with THY and Associates, said lease in substantially similar form as described in Exhibit A, attached hereto. 2. That sufficient funds be budgeted in future fiscal years to cover the obligation of the County under the lease agreement. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Mayor Stephen K. Yamashiro, Director of Finance and THY and Associates. Dated at Hilo, Hawaii, this 15th day of November 1995 INTRODUCED BY: COUNTY OF HAWAII PKO/15411 COL Co I hereby certify that the fc vote indicated to the righ the County of Hawaii on ATTEST ~~~ COUNT R OLL CAL L VOTE NTY COUNCIL of Hawaii m AYES NOFS ABS EX ty -Iilo Hawaii , Arakaki X Bonk-Abramson }{ the RESOLUTION was b re oin Childs X y g g COUNCIL f d b h f d De Lima X o y t e hereo a opte Novsnber 15 1995 Domingo X , Osorio X / Rath }{ ~ Ray x ~ smith X / 6 0 3 0 Reference C-765/FC- 162 :HAIRMAN & PRESIDING OFFICER RESOLUTION NO. 2®~ 9S er ecor a ion, a urn y: ai is up TAX MAP KEY: 3rd/2-2-60-16 ERTENSION OF SIIHLEASE AGREEMENT THIS INDENTURE, made this day of , 1995, by and between THY & ASSOCIATES, INC., a Hawaii corporation, whose mailing address is P.O. Box 358, Keaau, Hawaii 96749, hereinafter referred to as "Sublessor", and the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, by and through its mayor, Stephen K. Yamashiro, whose mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter referred to as "Sublessee", WHEREAS, Sublessor by its Sublease Agreement dated January 5, 1994, and duly recorded in the Bureau of Conveyances, State of Hawaii, as Document No. 94-014506, now held by the Sublessee under assignment thereof, demised the premises therein described for the term, at the rent and on the other covenants and conditions therein set forth; and the parties hereto desire to extend said Sublease Agreement; NOW, THEREFORE, in consideration of the premises and of the covenants herein contained, the parties hereto mutually agree that the term of said Sublease Agreement be and is hereby extended to an extended term of six (6) years from February 1, 1996 to January 31, 2002; that the rent shall remain at $1,225.00 per month, plus general excise tax, and under all of the same terms and conditions of said Sublease Agreement. E}Q-IIBIT A IN WITNESS WHEREOF, the Sublessor and Sublessee have executed these presents as of the day and year first above written. THY & ASSOCIATES, INC. gy v ' ~""" LLN ~'"'-- Its ~.,,._,Q...r• By s Sublessor COUNTY OF HAWAII By STEPHEN K. YAMASHIRO Its Mayor Sublessee RECOMMENDED APPROVAL: COUNTY CLERK Dated: APPROVED AS TO FORM AND LEGALITY: Corporation Counsel County of Hawaii Dated: -2- STATE OF HAWAII SS: COUNTY OF HAWAII ) On this 17th day of October , 1995, before me personally appeared GLENN HARA and ~'f to me personally known, who, being by me duly sworn, did say that they are the President and ~~~ , respectively, of THY & ASSOCIATES, INC., a Hawaii corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and the said GLENN HARA and 'f• severally acknowledged said instrument to be the free act and deed of said corporation. ~~~ Notary Pub Third Judicial Circuit, State of Hawaii My Commission expires: 4/12/96 -3- STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of 1995, before me personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly sworn, did say 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 the 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 (1991), as amended; and said STEPHEN K. YAMASHZRO acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii My Commission expires: -4-