HomeMy WebLinkAboutRES 171 Draft 01 1988-1992COUNTY OF HAWA,,~~ , :: ,...STATE OF HAWAII
RESOLUTION No. 171 SO
RESOLUTION DIRECTING THE FINANCE DIRECTOR TO ISSUE A LICENSE FOR
THE TEMPORARY OCCUPANCY OF COUNTY-OWNED LANDS FOR THE CONSTRUCTION
OF A FIRE STATION AT KEAUHOU, KONA, TMK: (3)7-8-10-83.
WHEREAS, the Kamehameha Investment Corporation has donated
land in Keauhou to the County of Hawaii for the purpose of
constructing a fire station to serve the Keauhou area; and
WHEREAS, because of financial constraints, the County has
been unable to appropriate any funds to construct the Keauhou fire
station; and
WHEREAS, Kamehameha Investment Corporation is coordinating
with Keauhou land owners to raise private funds to build the
Keauhou fire station and donate it to the County on the condition
that the County agrees to operate the fire station for at least
twenty years; and
WHEREAS, once sufficient private funds are raised by
Kamehameha Investment Corporation, a right of access for
construction purposes will be required by the architects,
engineers, surveyors, and contractors who will complete the
project; and
WHEREAS, pursuant to section 2-119(a), Hawaii County Code,
the Council may, after consulting with the Chief Engineer of the
County, direct the Finance Director to issue licenses and permits
through negotiation and without public auction for the temporary
occupancy of County-owned lands under such conditions which will
serve the best interests of the County; and
WHEREAS, the Council has consulted the Chief Engineer, who
recommends that such right of access be authorized by the Council
for the construction of the fire station; and
WHEREAS, such license on a month-to-month basis may continue
for a period not to exceed one year from the date of its issuance,
provided, that the Finance Director may allow the license to
continue on a month-to-month basis for additional one-year periods;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that the Council hereby directs the Finance Director to
issue licenses through negotiation and without public auction for
the temporary occupancy of County-owned lands for the purpose of
constructing a fire station at Keauhou, Kona, TMK: (3)7-8-10-83,
under conditions which will serve the best interests of the County.
Dated at Hilo, Hawaii, this 2nd day of MaY 1990.
NTRODUCED BY:
~~
COUNCIL MBE OUNTY'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 theOCOUNCIL
of the County of Hawaii on May G , 199 9y
ATTEST:
~.\ ,
'CO ~ CLE~~{ CH~E~ID NG OFFICER
ROLL CALL VOTE
AYES NOES ABS EX
DOMINGO X
HALE X
INOUYE
KOKUBUN
LAI
MAKUAKANE X
RUDDLE X
SCHUTTE X
YAMASHIRO X
9 0 0
Reference C-1547/FC-209
RESOLUTION NO. 1"I1 9O
RIGHT OF ENTRY
This Right of Entry is made this day of
1990, by and between the COUNTY OF HAWAII, hereinafter called the
Grantor, and
hereinafter called the Grantee.
The Grantor does hereby grant to the Grantee a right of entry and
temporary license for the rendering of services required to
construct a fire station at Keauhou, Kona, TMK: (3)7-8-10-83,
under the following conditions:
1. Grantee shall indemnify, defend and hold harmless Grantor from
and against any and all liability, damages, costs, expenses,
and attorney's fees resulting from all claims, actions,
demands, or proceedings for property damage, personal injury,
or death arising out of, resulting from, or connected with,
the exercise of Grantee's rights under this license, excepting
damages caused solely by the negligence or fault of Grantor.
2. This license shall remain effective for a one-year period from
the date above written, provided, that the Finance Director
may extend this license for additional one-year periods.
3. Either Grantor or Grantee may terminate this license for cause
upon giving the other party thirty (30) days written notice.
GRANTEE GRANTOR
COUNTY OF HAWAII
By
Its
By
LARRY S. TANIMOTO
Its Mayor
RECOMMEND APPROVAL:
BARRY T. MIZUNO
Finance Director
APPROVED AS TO FORM
AND LEGALITY:
Deputy Corporation Counsel
County of Hawaii
Date: