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HomeMy WebLinkAboutRES 037 Draft 01 1992-1994COUNTY OF HAWA ~ ~'`'d~TATE OF HAWAII r RESOLUTION No. 37 93 RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO NEGOTIATE A LEASE WITH THE WAIMEA HOUSING FOUNDATION, INC., FOR THE WAIMEA ELDERLY HOUSING PROJECT SITE AND GRANT EASEMENTS TO NON-PROFIT CORPORATIONS AND PUBLIC UTILITY COMPANIES WHEREAS, pursuant to Chapter 2, Article 19, Section 2-120(a)(2), Hawaii County Code, as amended, the County Council may direct the Finance Director to dispose of real property by leasing it to governments, governmental agencies, non-profit organizations, or affordable housing developers at such rentals and on such terms and conditions as deemed proper; and WHEREAS, Chapter 2, Article 19, Section 2-120(a)(4), Hawaii County Code, as amended, provides that the Council may, by resolution approved by a majority of its members, direct the Finance Director to negotiate the disposition of real property by granting an easement to non-profit organizations or affordable housing developers on such terms and conditions as deemed proper; and WHEREAS, Section 46-66, Hawaii Revised Statutes (HRS), authorizes each county, subject to the approval of its council, to grant, sell, or otherwise dispose of any easement for any public utility purpose by negotiation without public auction; and WHEREAS, Chapter 2, Article 19, Section 2-lii(a)(2), Hawaii County Code, as amended, provides that the Council may, by resolution approved by a majority of its members, direct the Finance Director or Chief Engineer to grant an easement for particular purposes, subject, however, to reverter to the County upon termination or abandonment of the specific purpose for which it was granted, provided that any easement may be granted by direct negotiation and without recourse to public auction when the sale price of such easement is less than $1,000; and WHEREAS, the Trustees of the Richard Smart Revocable Personal Trust has agreed to provide the project site (TMK: 6-2-02: Por. 17) to the Big Island Housing Foundation (BIHF) for the purpose of developing the Waimea Elderly Housing Project; and WHEREAS, the BIHF entered into an Option Agreement with the Trustees of the Richard Smart Revocable Personal Trust, on June 6, 1990, to acquire the project site, identified as TMK: 6-7-02: 17; and WHEREAS, the Option Agreement, amended on May 13, 1991, on September 12, 1991, and amended by a third amendment on October 13, 1992, extended the Option Agreement to December 31, 1994; and WHEREAS, as required by HUD, the rights and obligations under the Option Agreement was assigned by the BIHF to the WHF on November 30, 1992; and WHEREAS, the WHF accepted the rights and obligations under the Option Agreement from the BIHF on November 30, 1992; and WHEREAS, it is the intent of the WHF to donate the project site to the County of Hawaii; and WHEREAS, it is the intent of the County of Hawaii to accept the donation of the project site from the WHF; and WHEREAS, the WHF is a certified non-profit organization; and WHEREAS, HUD requires the County of Hawaii to negotiate lease terms with WHF prior to the start of construction; and WHEREAS, in order to assure success of the project, the Council finds that it is in the public's interest to negotiate lease terms with the WHF, rather than to offer the lease at public auction; and WHEREAS, the County desires to give the necessary consent to grant an easement to any public utility company which, in the future, desires to provide service to the Waimea Elderly Housing Project. NOW, THEREFORE, BE IT RESOLVED BY THE HAWAII COUNTY COUNCIL OF THE COUNTY OF HAWAII, that the Finance Director is hereby directed to negotiate lease terms with the Waimea Housing Foundation, Inc., to further the development of the Waimea Elderly Housing Project; and BE IT FURTHER RESOLVED, that, pursuant to Chapter 2, Article 19, Section 2-120(a)(4), Hawaii County Code, as amended, the Finance Director is authorized to grant easements to non- profit organizations or affordable housing developers on such terms and conditions as deemed proper; and BE IT FURTHER RESOLVED, that, in accordance with the provisions of Section 46-66, Hawaii Revised Statutes, and Chapter 2, Article 19, Section 2-111(a)(2), Hawaii County Code, as amended, the Finance Director is authorized to grant easements on County property to public utility companies for the purpose of providing service to the Waimea Elderly Housing Project, subject, however, to reverter to the County upon termination or abandonment of the specific purpose for which this easement is granted; and BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the Department of Finance, the Office of Housing and Community Development, and the Waimea Housing Foundation, Inc. Dated at Hilo, Hawaii, this 10th day of March 1993. INTRODUCED BY: UNCI EMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo. Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on March 1 1993 . ATTEST: r- ~, ~- 1 r , ~ 1 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER ROLL CALL VOTE AYES LADES ABS EX ARAKAKI X BDHIC-ABRAMSON X CHILDS X DE LIMA X DOMINCIJ X HALE X RATH X ROSEFIILL X scxDTI~E 9 Reference C-189 RFSC`LLTTICN No. 37 93