HomeMy WebLinkAboutRES 352 Draft 01 1988-1992COUNTY OF HAVI~A ~{ns }STATE OF HAWAII
RESOLUTION No. 3~. 9I
RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO NEGOTIATE A
LEASE WITH THE EAST HAWAII COALITION FOR THE HOMELESS, INC., FOR
THE PURPOSE OF OPERATING A SHELTER FOR HOMELESS PERSONS AND
FAMILIES WITH TERMS TO INCLUDE A MAXIMUM DURATION OF TEN (10)
YEARS, AT A SET RENTAL OF $1.00 PER YEAR.
WHEREAS, Chapter 2, Article 19, Section 2-120, Hawaii
County Code, as amended, provides that the County Council may
direct the Finance Director to negotiate the disposition of real
property by lease to nonprofit organizations at such rentals and
on such terms and conditions as deemed proper without notice or
appraisal; and
WHEREAS, Section 2-70(g) of the Hawaii County Code
provides that the Housing Administrator may assist in the lease
of a public dwelling; and
WHEREAS, the County Council has expressed the need for
a shelter for homeless persons in this County; and
WHEREAS, the County is in the process of acquiring
real property located at 115 Kapiolani Street, Hilo, Hawaii
96720, which has been used as a shelter for homeless persons and
families; and
WHEREAS, the purchase of said property is currently in
escrow awaiting closing; and
WHEREAS, for the past three years, the East Hawaii
Coalition for the Homeless, Inc., has successfully operated an
emergency shelter for homeless persons and families at this
location; and
WHEREAS, the East Hawaii Coalition for the Homeless,
Inc., desires to continue to operate a shelter for homeless
persons and families; and
WHEREAS, the County Council desires that the East
Hawaii Coalition for the Homeless, Inc., continue its successful
operation of its shelter for homeless persons and families,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
COUNTY OF HAWAII, that the Finance Director is hereby authorized
to negotiate a lease with the East Hawaii Coalition for the
Homeless, Inc., for the purpose of operating a shelter for
homeless persons and families with terms to include a maximum
duration of ten (10) years, at a set rental of $1.00 per year.
BE IT FURTHER RESOLVED that the Housing Administrator
work closely with the Finance Director in negotiating the lease
agreement; and
BE IT FURTHER RESOLVED that a copy of this resolution
be transmitted to the Office of the Mayor, the Department of
Finance, and the Office of Housing and Community Development.
Dated at Hilo, Hawaii, this 7th day of
August , 1991.
INTRODUCED BY:
Councill , County of Hawa 11
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 August 7 , 1991
ATTEST:
COUNTY CLER CHAIRMAN & PRE DIN
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI X
DE LIMA X
DOMINGO
HALE X
KOKUBUN
LAI X
MAKUAKANE X
RUDDLE X
SCHUTTE X
Eteference
RESOLUTION NO. _3J;~ .9t
HF;LEI~E H. HALF;
Gmnrilu~aman
COLII~j`I'Y COLII~CIL
County of Hawaii
Hawaii County Buil~fing
25 Auquni Sbeet
Hilo, Hawaii 96720
July 30, 1991
Mr. Russell S. Kokubun
Council Chairman
Hawaii County Council
Hilo, Hawaii
RE: Resolution No. 352 Relating to the Disposition
of property - Homeless Shelter
Pursuant to Section 1(d) of Rule 4 of the Rules of Procedure of
the Council of the County of Hawaii, thi3~2 ritten approval is
submitted in regards to Resolution No. , relating to the
disposition of property to the East Hawaii Coalition for the
Homeless, waiving said referral from the Committee on Finance,
in order that appropriate action can be taken by the Council.
In reviewing the contents of the referral, it is deemed
advisable that such waiver be granted.
i
~ ~
. " ~~~
Helene H. Hale, c:ha>rperson
Committee on Finance
Approved:
Russe 1 S. KokubuPf, ~hairman
Coun y Council
" Lorsaine R Inouye
;.,~°`~. Office of tlousln Mayor
®'' ~`'~ ~ Brian T. Nishimura
.~ and Community Development Housing Administrator
:: • ~
1 ""~' ~ 50 Wailuku Drive • HBo, Hawaii 96720 • (808) %1-8379 . Fax (808) 935-4725
,; a.'
July 29, 1991
TO: Russell S. Kokubun, Chairman and Members
Hawaii County Council
FROM: Harry S. Ruddle, Chairman
Hawaii County Housing Agency .,
SUBJECT: Resolutions for the Hawaii County Council
I would like to request that a resolution to authorize the
Director of Finance to negotiate a lease with the East Hawaii
Coalition for the Homeless, Inc. (EHCH) as the operator of the
emergency homeless shelter in Hilo, be included on the County
Council agenda for action at its August 7, 1991 meeting.
On April 26, 1988 the Hawaii County Housinq Agency approved the
use of Federal Community Development Block Grant funds for the
acquisition of the homeless shelter at 115 Kapiolani Street. The
homeless shelter will be utilized to provide an emergency shelter
for the homeless persons and families.
In following with the Uniform Relocation Assistance Act
regarding Real Property Acquisition, the OHCD was required to
hire two Appraisers and a Review Appraiser to appraise the
homeless shelter property identified as tmk: (3) 2-3-12-04,
specifically located on 115 Rapiolani Street, Hilo.
Subsequently, the two Appraisals were reviewed by the Review
Appraiser who determined that the fee simple property consisting
of 44,076 square feet, with four 2 bedroom, 1 bath, detached
single family homes is valued at the fair market price of
$400,000.
On July 5, 1991 the Roman Catholic Church, seller, agreed to
sell to the County of Hawaii, buyer, the homeless shelter
property for the sale price of $327,215.20. The balance of the
appraised $400,000 site value, which is $72,784.80, will be
donated to the County to assist the County's efforts to provide a
210 ~ EQUAL HOUSING OPPORTUNITY
COMM. NO.___.-•-
To: Council
Memo to Russell
Page 2
July 29, 1991
temporary homeless shelter for displace families, single parents
with children, single women and men. (Note: the OHCD will be
processing a Resolution to accept the donation of land value from
the Roman Catholic Church). This acquisition is expected to
close at escrow on August 8, 1991.
It is my understanding that upon the closing of this acquisition
the current lease between the EHCH and the Roman Catholic Church
will terminate.
I am aware that before a new lease can be executed between the
County and EHCH, that section 2-120, Hawaii County Code, requires
that a resolution be approved by the Council in order for the
Finance Director to negotiate the disposition of real property by
lease to a non-profit organization. In order for EHCH to remain
and continue to provide services to the homeless families without
any disruption and to provide liability protection to the County,
the execution of a lease will be required. In accordance with
the County Code requirement and since time is of the essence, I
am requesting that this Resolution be allowed to proceed to
Council for action.
Thank you very much for your assistance in this matter.
n.~, ; ~ ~.
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~ / ~InY.
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,..... o.'~...-
Office of riousin
and Community
Lorraine R Inouye
Mayor
Brian T. Nishimura
Housing Administrator
50 Wailuku Drive • Hilo, Hawaii 96720 • (808) 961-8379 • Fax (808) 935-4725
August 12, 1991
TRANSMITTAL
TO: John Wagner, County Clerk
Clerk's Office
ATTN: Jane Araki
SUBJECT: Lease Agreement between the East Hawaii Coalition for
the Homeless, Inc. (EHCH) and the County of Hawaii
ATTACHED ARE THE FOLLOWING ITEMS:
COPIES DATED DESCRIPTION
1 08/08/91 Executed copy of the lease agreement
between the EHCH and County
THESE ARE TRANSMITTED AS CHECKED BELOW:
[ ] - FOR APPROVAL [ ] - FOR REVIEW AND COMMENT
[X] - FOR YOUR USE [ ] - FOR EXECUTION
( ] - AS REQUESTED [ J - OTHER
REMARKS:
if there are any questions, please contact me at 961-8379.
.,,p
SIGNED: (~r,,r,,,~,J,
Brian T. Nishimura
Administrator
EQUAL HOUSING OPPORTUNITY
SUMMARY OF LEASE
KIHEIPUA HOMELESS SHELTER
EAST HAWAII COALITION FOR THE HOMELESS, INC.
TERMS OF TI_IE LEASE
Duration: Ten (10) Years starting from
the date of execution of this lease.
Rental Charge: $1.00 per year
Utility Services: Must be paid by Lessee
Improvements: Lessee cannot improve property without
prior written consent from the County.
Liens: Property shall not become subject to any
attachment, lien, charge or encumbrances.
Liability Insurance: Lessee shall, at its own expense, obtain
a minimum of $1,000,000 liability
insurance.
Fire Insurance: Lessee shall, at its own expense, obtain
a minimum of $300,000 fire insurance.
Maintenance: The Lessee shall, at its own expense,
perform all necessary maintenance of the
premises.
Condition of Premises: The Lessee has examined and knows the
condition of the premises and the lessor
is not responsible for the present or
future condition of the premises.
Notice: Where approvals are needed the Lessee
shall contact the Administrator of the
Office of Housing and Community
Development.
Use: Lessee shall use the premises solely as
a temporary homeless shelter for
families, single women and men.
Non-Profit Status: Lessee shall maintain status as a tax-
exempt, non-profit organization as
certified by the IRS.
Note: The proposed lease is attached to provide more
information and details.
TABLE OF CONTENTS
Lease for the Riheipua Homeless Shelter
PARAGRAPH PAGE
A. The Lessor Covenants and Agrees with the Lessee:
1. Quiet Enjoyment ............................. 1
2. Term ........................................ 2
3. Rent ........................................ 2
B. The Lessee Covenants and Agrees with the Lessor:
1. Utility Services ............................ 2
2. Covenant Against Discrimination ............. 2
3. Sanitation, etc ............................. 3
4. Waste and Unlawful, Improper, or Offensive
Use of Premise .............................. 3
5. Compliance with Laws, etc ................... 3
6. Improvements ................................ 3
7. Liens ....................................... 4
8. Assignments, etc ............................ 4
9. Mortgage .................................... 4
10. Indemnity ................................... 5
li. Liability Insurance ......................... 5
12. Fire Insurance .............................. 6
13. Costs of Litigation ......................... 7
14. Entry by Lessor ............................. 7
15. Contracts for Construction .................. 8
16. Condition of Premises ................. 8
......
17. Notice 9
......................................
18. Maintenance .......................... 9
.......
19. Consent Required for Repairs and Renovation l0
20. Use ......................................... 10
21. Low-Moderate Benefit ........................ 10
22. Records ..................................... 11
23. Non-Profit Status ................. 11
..........
24. Personal Property ........................... 11
25. Personnel ................................... 12
26. Surrender ................................... 12
27. Non-Waiver .................................. 12
28. Holdover .................................... 12
29. Abandonment ................................. 13
C. It is Hereby Understood and Agreed by the Parties:
1. Destruction, etc ............................. 13
2. Condemnation ................................ 13
3. Breach ...................................... 14
4. Headings .................................... 14
5. Complete Agreement .......................... 14
6. Lessee Not an Agent of Lessor ............... 14
LEASE
THIS INDENTURE, made this _~~ day of r-~~Al~ U ~ 1 ,
1991, by and between the COUNTY OF HAWAII, a municipal
corporation of the State of Hawaii, by LORRAZNE R. INOUYE, its
Mayor, whose mailing address is 25 Aupuni Street, Hilo, Hawaii,
hereinafter referred to as Lessor, and the EAST HAWAII COALITION
FOR THE HOMELESS, INC., a Hawaii non-profit corporation, by
CAROL R. IGNACIO, its President, whose mailing address is P.O.
Box 217, Hilo, Hawaii, 96720, hereinafter referred to as Lessee;
WITNESSETH•
That the Lessor, for and in consideration of the rent to be
paid and of the terms, covenants, and conditions herein contained
on the part of the Lessee to be kept, observed, and performed,
does hereby demise and lease unto the Lessee, and the Lessee does
hereby lease and hire from the Lessor the premises more
particularly described as 115 Kapiolani Street, Hilo, Hawaii, Tax
Map Key (3) 2-3-12:04, and more particularly described in
Schedule "A" attached hereto and made a part hereof.
A. THE LESSOR COVENANTS AND AGREES WITH THE LESSEE:
1. uiet Enjoyment. That the Lessor hereby covenants and
agrees with the Lessee that upon the observance and performance
of the covenants, terms, and conditions hereof on the part of the
Lessee to be observed and performed, the Lessee shall and may
have, hold, possess, and enjoy the demised premises for the term
hereby demised, without hindrance or interruption by the Lessor
or any other person or persons lawfully claiming by, through, and
under it, except for the Lessor's right of entry to make repairs,
improvement, and inspections as set forth herein.
2. Term. The term of said lease shall be for a period of
Ten (10) years, from the date of execution of this lease, or
unless sooner terminated by either the Lessor or Lessee giving to
the other at least Sixty (60) days previous notice in writing of
intention to terminate this lease.
3. Rent. The Lessee hereby covenants and agrees to pay
the sum of One Dollar ($1.00) per year for the term of this lease.
B. THE LESSEE COVENANTS AND AGREES WITH THE LESSOR:
1. Utility Services. That the Lessee shall pay when due
all utility charges, duties, and rates of every description,
including water, sewer, gas, electricity, refuse collection, or
any other charges, as to which said demised premises, or any part
thereof, or any improvements thereon, or the Lessor or Lessee in
respect thereof may, during said term, become liable, whether
assessed to or payable by the Lessor or Lessee.
2. Covenant against Discrimination. That, except as may
be provided in this lease or by law, the use and enjoyment of the
premises shall not be in support of any policy which
discriminates against anyone based upon race, creed, color,
religion, sex, handicap, national origin, or familial status.
LEASE -2- OHCD/0003L/07-91
3. Sanitation. Etc. That the Lessee shall keep the
demised premises in a strictly safe, clean, sanitary, and orderly
condition, in compliance with all applicable standards of the
county, state, and federal governments.
4. Waste and Unlawful. Improper, or Offensive Use of
Premises. That the Lessee shall not commit, suffer, or permit to
be committed any waste, nuisance, strip, or unlawful, improper,
or offensive use of the demised premises, or any part thereof,
nor, without the prior written consent of the Lessor, cut down,
remove, or destroy, or suffer to be cut down, removed, or
destroyed, any trees now growing on said premises.
5. Compliance with Laws. Etc. That the Lessee shall
comply with all of the requirements of all County, state, and
federal authorities and observe all County ordinances and state
and federal statutes, pertaining to the said premises, and
pertaining to the Lessee's activities, now in force or which may
hereinafter be in force, and comply with all applicable licensing
requirements of the state and federal governments, and with all
applicable accreditation and other standards of quality generally
acceptable in the field of Lessee's activities.
6. Improvements. That the Lessee shall not at any time
during said term construct, place, or install on said premises
any building, structure, or improvement of any kind and
description whatsoever, except with prior written approval of the
Lessor and upon such conditions as the Lessor may impose, unless
otherwise provided herein.
LEASE -3- OHCD/0003L/07-91
7. Liens. That the Lessee will not commit or suffer any
act or neglect whereby the demised premises or any improvements
thereon or the estate of the Lessee in the same shall become
subject to any attachment, lien, charge, or encumbrance
whatsoever, except as hereinafter provided, and shall indemnify
and hold harmless the Lessor from and against all attachments,
liens, charges, and encumbrances and all expenses resulting
therefrom.
8. Assignments, Etc. That the Lessee shall not transfer,
assign, or sublease the said premises or any portion thereof, nor
permit any other person to occupy or use the said premises or any
portion thereof except in furtherance of the uses expressly
permitted in paragraph B. 20 herein and shall not transfer or
assign or sublease this lease or any interest therein, either
voluntarily or by operation of law, and any transfer or
assignment so made shall be null and void. Lessor declares that
it enters into this lease on reliance on the specific identity of
the Lessee.
9. Mortaaae. That, except as provided herein, the Lessee
shall not mortgage, hypothecate, or pledge the said premises or
any portion thereof or this lease or any interest therein without
the prior written approval of the Lessor and any such mortgage,
hypothecation, or pledge without such approval shall be null and
void.
LEASE -4- OHCD/0003L/07-91
10. Indemnity. That the Lessee will indemnify,
defend, and hold the Lessor harmless (a) from and against any
claim or demand by third persons for loss, liability, or damage,
including claims for property damage, personal injury, or
wrongful death, arising out of any accident on the demised
premises or occasioned by any act or nuisance made or suffered on
the premises, or by any fire thereon or growing out of or caused
by any failure on the part of the Lessee to maintain the premises
in a safe condition,and will reimburse the Lessor for all costs
and expenses in connection with the defense of such claims; (b)
from and against all actions, suits, damages, and claims by
whomsoever brought or made by reason of the non-observance or
non-performance of any of the terms, covenants, and conditions
herein or the rules, regulations, ordinances, and laws of the
federal, state, municipal, or county governments, including
actions against the Lessor brought by the Federal government for
noncompliance with Federal grant requirements caused by the
Lessee's failure to comply with the terms of this lease.
11. Liability Insurance. That the Lessee shall procure, at
its own cost and expense, and maintain during the entire period
of this lease, with an insurance company or companies acceptable
to the Lessor, a policy of comprehensive liability insurance,
with minimum amounts of $1,000,000.00 per occurrence for bodily
injury and property damage, insuring against all claims for
bodily injury, death, and property damage; that said policy or
LEASE -5- OHCD/0003L/07-91
policies shall cover the entire premises, including all
buildings, improvements and grounds. The Lessee shall furnish
the Lessor with a certificate showing such policy to be initially
in force and shall furnish a like certificate upon each renewal
of such policy, each such certificate to contain or be
accompanied by an assurance of the insurer to notify the Lessor
of any intention to cancel any such policy prior to actual
cancellation. The procuring of this policy shall not release or
relieve the Lessee of its responsibility under this lease as set
forth herein or limit the amount of its liability under this
lease. The Lessee shall cause the Lessor to be named as an
"additional insured" on the above comprehensive liability
insurance policy. The policy shall have a deductible of not more
than $2,500.00 per claim.
12. Fire Insurance. That the Lessee shall procure, at its
own expense, and maintain, during the entire period of this lease
with an insurance company or companies acceptable to the Lessor,
a policy of insurance insuring against damage or destruction of
the premises due to fire, wind, vandalism, or malicious mischief,
in the minimum amount of $300,000.00, and a maximum deductible of
$500.00, payable to the Lessor.
In the event, existing or new structures are appraised in
the future, the Lessee shall obtain at its own expense and
maintain, during the period of this lease sufficient insurance
policy to reflect replacement value of these structures.
LEASE -6- OHCD/0003L/07-91
The Lessee shall furnish the Lessor with a certificate
showing such policy to be initially in force and shall furnish a
like certificate upon each renewal of such policy, each such
certificate to contain or be accompanied by an assurance of the
insurer to notify the Lessor of any intention to cancel any such
policy prior to actual cancellation.
13. Costs of Litiaation. That in case the Lessor shall be
made a party to any litigation commenced by or against the Lessee
(other than condemnation proceedings), the Lessee shall and will
pay all costs and expenses incurred by or imposed on the Lessor;
furthermore, the Lessee shall and will pay all costs and expenses
which may be incurred by or paid by the Lessor in enforcing the
covenants and agreements of this lease, in recovering possession
of the demised premises or in the collection of delinquent
rental, taxes, and any and all other charges.
14. Entrv by Lessor. That the Lessee shall permit the
Lessor, its agents and invitees, or independent contractors hired
by the Lessor, to enter on the premises or any part thereof, at
all reasonable hours, for the purpose of inspecting same,
including inspections related to the services provided at the
premises, or making repairs, improvements, or alterations
necessary or desirable for the safety or the preservation of the
premises, upon the Lessor or its agent giving 24 hours notice of
entry, except that in case of emergency, no notice need be given
for entry. That the Lessee shall cooperate with the Lessor to
LEASE -7- OHCD/0003L/07-91
the fullest practical extent in permitting the Lessor to make
such inspections, alterations, repairs, and improvements. That
any temporary diminution in or interference with the use of the
premises to the Lessee occasioned by such inspections,
alterations, repairs, and improvements shall not be a breach of
this lease, and shall not result in any liability on the Lessor.
Nothing in this paragraph shall be construed as requiring the
Lessor to make any inspections, repairs, improvements, or
alterations to the premises.
15. Contracts for Construction. That the Lessee shall not
make any contract for construction, repair, renovation, or
improvement on, in, of, or to the premises, or any part thereof,
or for any work to be done or materials to be furnished on or to
the premises, without first obtaining the written approval of the
Lessor. The Lessor's approval may be conditioned on the Lessee
providing adequate assurance that it has the financial ability to
pay for the cost of any such contract, or to otherwise provide
sufficient assurances that no mechanic's or materialman's lien
may be levied against the premises.
16. Condition of Premises. That the Lessee has examined
and knows the condition of the premises, that the premises are
leased as they now are, that the Lessor expressly disclaims any
warranty of fitness for any particular purpose, and that the
Lessor shall not be responsible for the present or future
condition thereof. The Lessor shall not be required to perform
LEASE -8- OHCD/0003L/07-91
any repairs, alterations, or improvements whatsoever during the
term of this lease.
17. Notice. That in the event of any material change in
the condition of the premises, whether through the acts or
omissions of the Lessee or otherwise, or any defect discovered in
the premises, the Lessee shall immediately notify the
Administrator of the Office of Housing and Community Development,
County of Hawaii, of the change in condition of the premises or
the defect. "Material change" includes, but is not limited to,
any change which may create a risk of harm to users or occupants
of the premises, or any change which exposes the premises to
rapid deterioration in excess of normal weathering. Nothing in
this paragraph shall be construed to imply a duty by the Lessor
to remedy or repair any such changes.
The Administrator of the Office of Housing and Community
Development, County of Hawaii, shall be the agent of the Lessor
for all provisions of this lease where the Lessee is required to
give notice or obtain approvals from the Lessor.
18. Maintenance. That the Lessee shall keep the premises
in as good repair as the premises shall be at the commencement of
the term (wear and tear resulting from the reasonable use of the
same excepted). The Lessee shall, at its own expense, perform
all necessary maintenance of the premises. The Lessee shall
promptly repair and correct, at its own expense, any condition or
defect in the premises which creates a risk of harm to persons or
LEASE -9- OHCD/0003L/07-91
property, or which exposes the premises to rapid deterioration in
excess of normal weathering.
19. Consent Required for Repairs and Renovations. That
prior to commencing any repairs or renovations, the Lessee shall
notify the Lessor and secure the Lessor's written consent, which
shall not be unreasonably withheld. The Lessor may require the
Lessee to produce plans showing the work to be done. The Lessor
may inspect any repairs and renovations and require that it be
done in conformance with good and accepted construction practice
and in compliance with applicable laws, codes, and regulations.
20. Use. That the Lessee shall use the premises solely as
a temporary homeless shelter for displaced families, single
parents with children, single women and men. In addition, the
Lessee shall provide the homeless individuals with referrals for
support services, counseling, case management, supervision, and
other services essential for achieving independent living.
21. Low-Moderate Benefit. That the Lessee shall ensure
that at least 51 percent of the primary shelter services be
provided to persons or families of low and moderate income as
defined in the Community Development Block Grant Regulations of
the U.S. Department of Housing and Urban Development. To comply
with this requirement, Lessee shall ensure that at least 51
percent of the total number of bed-days provided at the premises
are provided to persons or families of low and moderate income.
LEASE -10- OHCD/0003L/07-91
22. Records. That the Lessee shall establish and maintain
records of intake, discharge, services, and other documentation
necessary to show compliance with paragraph e. 20 and 21 above,
including but not limited to the financial status of clients
served, and to show the scope and nature of services rendered at
the premises, and shall maintain and preserve all required
records and documents for three years after the expiration of the
Lease Agreement. All records referred to in this paragraph shall
be available for inspection by the Lessor and its agents on
reasonable notice, provided that the Lessee and Lessor shall
agree on measures necessary to protect the privacy and individual
identity of clients receiving services from the Lessee.
23. Non-Profit Status. That the Lessee has and shall
maintain status as a tax-exempt, non-profit organization as
certified by the Internal Revenue Service. The Lessor may
require the Lessee to provide evidence of such certification.
That the Lessee has, and shall continue to have during the
lease term, a governing board whose members serve without
compensation.
That the Lessee has, and shall continue to have during the
lease term, bylaws or policies which describe the manner in which
business is conducted, including management, audit, and fiscal
policies and procedures, and policies on nepotism.
24. Personal Property. That the Lessee shall, at its own
expense, provide all equipment, tools, kitchen appliances,
LEASE -11- OHCD/0003L/07-91
furniture, bedding, utensils, and all other personal property of
any nature necessary for the uses described in paragraph B. 20
above.
25. Personnel. That the Lessee shall, at its own expense,
provide all necessary staff for the provision of the services
described in paragraph B. 20 above.
26. Surrender. That the Lessee shall, and will, at the
expiration or sooner termination of this lease, peaceably and
quietly surrender and deliver possession of the demised premises
to the Lessor, together with all buildings and improvements of
whatever name or nature, now on or hereafter erected or placed
upon the same, in good order and condition, reasonable wear and
tear excepted, and that Lessee shall remove, at no expense to the
Lessor, all of the Lessee's personal property at the termination
of this lease.
27. Non-Waiver. That the failure of the Lessor to insist
on the strict performance of the terms, agreements, covenants,
and conditions herein contained, or any of them, shall not
constitute or be construed as a waiver or relinquishment of the
Lessor's right thereafter to enforce any such term, agreement, or
condition, but the same shall continue in full force and effect.
28. Holdover. That if Lessee shall hold over, after
expiration of the term hereby created, with consent of the
Lessor, it shall be deemed a renewal of this lease and of all
terms, covenants, conditions, and agreements herein contained,
for the period of thirty days.
LEASE -12- OHCD/0003L/07-91
29. Abandonment. That if the Lessee abandons the premises,
its right to possession shall cease and this Lease shall
terminate, without prejudice to any other rights of the Lessor.
"Abandonment" shall include, but not be limited to, Lessee's
failure to use the premises for the purposes and uses listed in
paragraph B. 20 herein.
C. IT IS HEREBY UNDERSTOOD AND AGREED BY THE PARTIES:
1. Destruction. Etc. That if, during the term of this
Lease, the premises shall be substantially destroyed or become
untenantable by reason of fire, the elements, or any other
cause, then this Lease may be terminated by either the Lessee or
the Lessor upon notice in writing to the other party, and the
Lessor shall be released from further obligation hereunder.
Notwithstanding any insurance on the premises, Lessor shall
not be required to rebuild the premises should they be destroyed
or become untenantable.
2. Condemnation. That in the event that all or part of
the premises be taken for public use, under the right of eminent
domain, all of the award received for such taking shall belong
solely to the Lessor, and no part of such award shall belong to
the Lessee. If the entire premises are taken, or if so much of
the premises are taken that the premises become unsuitable for
the uses specified in paragraph B. 20, this Lease shall
terminate, and the Lessor shall be released from further
obligation hereunder.
LEASE -13- OHCD/0003L/07-91
3. Breach. That if the Lessee shall become bankrupt or
shall abandon the said premises, or if this lease and said
premises shall be attached or otherwise taken by operation of
law, or if any assignment shall be made of the Lessees property
for the benefit of creditors, or if the Lessee shall fail to
observe and perform any of the covenants, terms, and conditions
herein contained and on its part to be observed and performed,
the Lessor may at once reenter such premises or any part
thereof, and upon or without such entry, terminate this lease
without prejudice to any other remedy or right of action.
4. Headings. That the marginal headings throughout this
lease are for the convenience of the Lessor and Lessee and are
not intended to construe the intent or meaning of any of the
provisions thereof.
5. Complete Agreement. This lease contains the full and
complete agreement of the parties and supersedes any prior
agreement between the parties, and there are no covenants, terms,
agreements, or conditions or understandings, either oral or
written, between the parties other than herein set forth.
6. Lessee Not an Agent of Lessor. Nothing herein
contained is intended or should be construed in any way
establishing the relationship of copartners between Lessee and
Lessor, or as constituting the Lessee as the agent, employee, or
representative of the Lessor for any purpose whatsoever.
LEASE -14- OHCD/0003L/07-91
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this ~ day of -- 1991, before me
personally appeared LORRAINE .INOUYE, to me personally known,
who, being by me duly sworn, did say that she 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 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 5-1.4(g) of the County Charter, County of Hawaii
(1980), as amended; and said LORRAINE R. INOUYE acknowledged said
instrument to be the free act and deed of said County of Hawaii.
\ I ~~w~1.
Notary Public, State of Hawaii~~•
My commission expires: Y iy 9~
LEASE -16- OHCD/0003L/07-91
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this ;~~ day of ~ 1991, before me
personally appeared CAROL R. IGNACIO, to me personally known, who
being by me duly sworn, did say that she is the President of the
East Hawaii Coalition for the Homeless, Inc., to me known the
person describe in and who executed the foregoing instrument and
acknowledged that she executed the same as her free act and deed.
J"
LEASE -17- OHCD/0003L/07-91
~~
My commission expires:-
BCAEDULB A
ALL of that certain parcel of land, being portions of R.
P. 4553 and 4580, L. C. Aw. 2278 to Hewahewa, R. P. 1155, L. C.
Aw. 5701 to Kaiu, R. P. 1152, L. C. Aw. 2228 to Kaapa and R. P.
1600 to A. P. Hission on a Portion of L. C. Aw. 387, Part 4,
Section 1 tc Am.erican Board of Commissioners for Foreign Hissions
Ponahawai and Punahoa 1, situate at South Hilo, Island and County
of Hawaii, State of Hawaii, and more particularly described as
follows:
Beginning at a "+^ on concrete sidewalk (found) at the
South corner of this parcel of land and on the Northeasterly side
of Kapiolani Street, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "HALAI",
being 1,604.41 feet North and 2,458.83 feet East and running by
azimuths measured clockwise from True South:
1. i45' S3' 115.25 feet along the
Northeasterly side of
Kapiolani Street to a
"+" on concrete
sidewalk (found);
2. 227' 10' 114.50 feet along L. C. Aw.
2406 to Kanoa to a
pipe (found);
Cyder ?to. 153,972-A Policy No. J 104557
3
4.
5
6
223'
327'
326'
55
25'
03'
52'
53'
208.20 feet partly along a
fence along L. C. Aw.
2406 to Kanoa and
remainders of R. P.
1155, L. C. Aw. 5701
to Kaiu, and R. p.
1600 to A. P. Mission
on a portion of L. C.
Aw. 387, Part 4,
Section 1 to American
Board of
Commissioners for
Foreign Missions, and
passing over pipes
(found) at 1.33 feet
and 175.17 feet to a
pipe in concrete
(found);
94.90 feet along remainders
of R. P. 1600 to A.
P. Mission on a
portion of L. C. Aw.
387, Part 4, Section
1 to American Board
of Commissioners for
Foreign Missions and
R. P. 1152, L. C. Aw.
2228 to Kaapa to a _
pipe (found);
75.76 feet along remainder
of R. P. 1152, L. C.
Aw. 2228 to Kaapa,
passing over a pipe
(found) at 18.98
feet, to a pipe
(found);
178.35 feet along remainders
of r. P. 1152, L. C.
Aw. 2228 to Kaapa and
R. P. 4553 and 4580,
L. C. Aw. 2578 to
Hewahewa to a pipe
(found);
Order 110. 153,972-A Policy No. J 104567
r~~o s
- „_ .3
8. c- ~3,
- 1C. 08 feet along ,.ema~,- _
_ of R. P. 4557 ar,d^o
4580, ... C. Aw. ~ _ -
to He~.:ahe•.a to alplpe
(found);
172.00
feet along remainder
of R. P. a553 and
4580, L. C. Aw. 257g
to Hewahewa to the
point of beginning
and containing an
area of 44,076 Square
Feet, more or less.
Being all of the land conveyed by:
WARRANTY DEED
Grantor: Eleanor P. Schoen, no marital status shown,
Mary Shroyer, no marital status shown, and
William F. Schoen, no marital status shown
Grantee: The Roman Catholic Church of the State of
Hawaii
Dated: August 13, 1988
Book: 22282
Page: 504
TOGETHER with a right-of-',:ay appurtenant to the above-
described property for the purpcse of constructing a sewer and
rice line cver and across the follcwing described land:
ALL of that certain parcel of land, being a portiohn of
L. C. Award No. 2228, Royal Patent No. 1152 to KAAPA, situate at
Ponahawai, South Hilo, Island and County of Hawaii, State of
Hawaii, and more particularly described as follows:
Beginning at a pipe at the North corner of this parcel
of land, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALM", being 1784.41
feet North and 2712.05 feet East and thence running by azimuths
reasured clockwise from True Scuth:
- 729' S2'
Order No. 153,972-A
41.70 feet along property
of E. P. Giacometti,
to a pipe;
Policy No. J 104567
Page 5
5- J7
-. -~~ _~
4. 275" s7,
'. '1 -
...~9
7.00 feet ^o the ccir
beginning and
containing an area
124 square
TOGETHER, .eet.
ALSO, with the right to enter in and upon the
Easterly portion of the said remaining portion cf said Porter
lot, and to build, operate and maintain a sewer pipe line to
connect the land hereby conveyed with the se•.:er line on Pleasant
Street, as set forth in Ceed of Mrs. Mary L. Porter to Mrs. Mary
T~ C• Hitchcock dated the 7th day of February 1913, recorded in
the Bureau of Conveyances of the Territory of Hawaii (now State
of Hawaii) in Liber 390, at Page 14.
Order No. 157,972-A
Folicy "ro. J 1C45G7
Page 5
~..~~-.w
~ Office of ~><ousing
oo; _
!i
•~i~i
and Community Development
~'~`~"'` ' S0 Wailuku Drive • Ht7o, Hawaii 96720 • (8081961-8379 • Fax (8081935-4725
September 26, 1991
TO: Mr. John Wagner
County Clerk
ATTN: Ms. Karin Dahlqren
SUBJECT: East Hawaii Homeless Shelter
Limited Warranty Deed
ATTACHED ARE THE FOLLOWING ITEMS:
COPIES DATED DESCRIPTION
1 8/18/91 Original Limited Warranty Deed
1 8/18/91 One Extra Copy
THESE ARE TRANSMITTED AS CHECKED BELOW:
Lorraine R Inouye
Mayor
Brian T. Nishimura
Housing Administrator
~Q'
[ ] - FOR APPROVAL [ ] - FOR REVIEW AND COMMENT
[X] - FOR YOUR USE [ ] - FOR EXECUTION
[X] - AS REQUESTED [ ] - OTHER
REMARKS: As you have discussed with Brian Ishimoto of my staff,
I have enclosed for the County files the original Warranty Deed
for the recently acquired East Hawaii Homeless Shelter property.
This property is located on 115 Kapiolani Street in Hilo Hawaii,
TMK: 2-3-12.
If there are any questions, please contact Brian Ishimoto at
961-8379.
SIGNED: ~~ft ~l ~~„~ ;
Brian T. Ni 1mu
~`~Administrator
xc: Stanley Iwamoto
Accounts Division
EOUA~ HOUSING OPPOHTUNITV
91 1070021"'
_. ~ ~
• :,~ _ .
-~._.:
.~
AFTER RECORDATION, RETURN BY Mail ( ) Pickup ( )
County of Hawaii /~
25 Aupuni Street ~~~ ' ^\~~~
Hilo, HI 96720 ~/I
DEED
KNOW ALL MEN BY THESE PRESENTS:
That the ROMAN CATHOLIC CHURCH IN THE STATE OF HAWAII, a
Hawaii non-profit corporation, hereinafter called the "Grantor",
for and in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable consideration to Grantor paid by the COUNTY
OF HAWAII, a municipal corporation of the State of Hawaii, whose
address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter
called the "Grantee", receipt whereof is hereby acknowledged, does
by these presents grant, bargain, sell and convey unto Grantee the
real property described in Exhibit "A" hereto attached and
expressly made a part hereof.
And the reversions, remainders, rents, issues and profits
thereof and all of the estate, right, title and interest of the
Grantor, both at law and in equity, therein and thereto;
P:\FI RB0001 U0010988.DOC
TO HAVE AND TO HOLD the same, together with all buildings,
improvements, tenements, hereditaments, rights, easements,
privileges and appurtenances thereunto belonging or appertaining or
held and enjoyed therewith unto Grantee, absolutely and in fee
simple;
And the Grantor for itself and its successors does hereby
covenant with the Grantee and its successors and assigns, that it
has good right to convey said premises, that the interest of the
Grantor is free and clear of and from all encumbrances made by,
through or under the Grantor, except as herein mentioned and
current real property taxes, if any, which are to be prorated as of
the date of recording of this instrument, and it will WARRANT and
DEFEND the same unto the Grantee and its successors and assigns,
against the lawful claims and demands of all persons claiming by,
through or under the Grantor, except as aforesaid.
The terms "Grantor" and "Grantee", as and when used herein, or
any pronouns used in place thereof, shall mean and include the
masculine, feminine or neuter, the singular or plural number,
individuals or corporations, and their and each of their respective
heirs, personal representatives, successors and assigns, according
to the context thereof.
IN WITNESS WHEREOF, the Grantor has executed these presents
this //~ day of w 1991.
ROMAN CATHOLIC CHURCH IN THE
STATE OF HAWAII
s ~~~
P:\FI RBGOOlU0010988.DOC Z
STATE OF HAWAII )
SS.
CITY AND COUNTY OF HONOLULU 1
On t,/his-~//~ day of ctr 1991, before me appeared
~ssdl~ 71• 7~+°ra-r~o to me personally known, who, being by
me duly sworn, did say that he is the ~y.~,rEe..X.
of the ROMAN CATHOLIC CHURCH IN THE STATE OF HAWAII, a Hawaii non-
profit corporation, 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
under the authority conferred by, and in accordance with the
requirements of the By-Laws of said corporation, and acknowledged
said instrument to be the free act and deed of said corporation.
Notary Public, State of Hawaii.
My commission expires //-f~- 9/
P:\FI RBGOOIU0010988.DOC 3
EXHIBIT "A"
Portions of
R. P. 4553 and 9580, L. C. Aw. 2578 to Hewahewa
R. P. 1155, L. C. Aw. 5701 to Kaiu
R. P. 1152, L. C. Aw. 2228 to Kaapa and
R. P. 1600 to A. P. Mission on a Portion of L. C. Aw. 387,
Part 4, Section 1 to American Board of Commissioners
for Foreign Missions
Ponahawai and Punahoa 1, South Hilo, Island of Hawaii, Hawaii
Beginning at a "+" on concrete sidewalk (found) at the
South corner of this parcel of land and on the Northeasterly side
of Kapiolani Street, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "HALAI" being
1,604.41 feet North and 2,458.83 feet East and running by azimuths
measured clockwise from True South:
1. 145° 53' 115.25 feet along the Northeasterly side of
Kapiolani Street to a "+^ on
concrete sidewalk (found);
2. 227° 10' 114.50 feet along L. C. Aw. 2406 to Kanoa to a
pipe (found);
3. 223° 25' 208.20 feet partly along a fence along L. C. Aw.
2406 to Kanoa and remainders of
R. P. 1155, L. C. Aw. 5701 to Kaiu,
and R. P. 1600 to A. P. Mission on a
portion of L. C. Aw. 387, Part 4,
Section 1 to American Board of
Commissioners for Foreign Missions,
and passing over pipes (found) at
1.33 feet and 175.17 feet to a pipe
in concrete (found);
4. 327° 03' 94.90 feet along remainders of R. P. 1600 to
A. P. Mission on a portion of L. C.
Aw. 387, Part 4, Section 1 to
American Board of Commissioners for
Foreign Missions and R. P. 1152,
L. C. Aw. 2228 to Kaapa to a pipe
(found);
5. 328° 52' 75.76 feet along remainder of R. P. 1152, L. C.
Aw. 2228 to Kaapa, passing over a
pipe (found) at 18.98 feet, to a
pipe (found);
6. 55° 53' 178.35 feet along remainders of R. P. 1152,
L. C. Aw. 2228 to Kaapa and R. P.
4553 and 4580, L. C. Aw. 2578 to
Hewahewa to a pipe (found);
7. 325° 53' 10.08 feet along remainder of R. P. 4553 and
4580, L. C. Aw. 2576 to Hewahewa to
a pipe (found);
8. 57° 13' 132.00 feet along remainder of R. P. 4553 and
4580, L. C. Aw. 2578 to Hewahewa to
the point of beginning and
containing an area of 44,076 square
feet.
Together with a right-of-way for the purpose of
constructing a sewer and pipe line over and across the following
described land:
All of that portion of L. C. Award No. 2226, Royal Patent
No. 1152 to Kapaa, Ponahawai, South Hilo, Hawaii, and more
particularly described as follows:
Beginning at a pipe at the North corner of this parcel of
land, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALAI" being 1784.41 feet
North and 2712.05 feet East, thence running by azimuths, measured
clockwise from true South:
1. 328° 52' 41.70 feet along property of E. P. Giacometti,
to a pipe;
2. 63° 33' 3.01 feet;
3. 148° 52' 41.29 feet;
-2-
4. 235° 53' 3.00 feet to the point of beginning and
containing an area of 124 square
feet.
as granted by that certain Grant dated April 20, 1938, recorded in
the Bureau of Conveyances of the State of Hawaii in Liber 1436 Page
117.
TOGETHER, ALSO, with the right to enter in and upon the
Easterly portion of the remaining poriton of the Porter lot, and to
build, operate and maintain a sewer pipe line to connect the land
hereby conveyed with the sewer line on Pleasant Streeet, as set
forth in that certain Deed of Mrs. Mary L. Porter to Mrs.
Mary T. C. Hitchcock dated February 7, 1913, recorded in the Bureau
of Conveyances of the State of Hawaii in Liber 390 Page 14.
Being all of the land conveyed by:
WARRANTY DEED
Grantor: Eleanor P. Schoen, Mary Shroyer and William F.
Schoen (no marital status given)
Grantee: The Roman Catholic Church of the State of
Hawaii
Dated: August 13, 1988
Liber: 22282
Page: 504
CORRECTID WARRANTY DEED
Grantor: Eleanor P. Schoen, Mary Shroyer and William F.
Schoen (no marital status given)
Grantee: The Roman Catholic Church of the State of
Hawaii
Dated: June 20, 1989
Liber: 23668
Page: 289
-3-
SUBJECT, HOWEVER, to the following:
1. Reservation in favor of the State of Hawaii of all
mineral and metallic mines.
2. Rights of Native Tenants as reserved in Land Commis-
sion Award No. 387.
-4-
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:,=- ••: Office of i_.,using
and Community Development
.
••~"~"';" •` 50 Wailuku Drive • HBo, Hawaii 96720 • (8081961-8379 • Fax (8061935-4725
•.:~.. y,
4 or x~
October 2, 1991
TRANSMITTAL
TO: Mr. John Wagner
County Clerk
ATTN: Ms. Karin Dahlgren
SUBJECT: East Hawaii Homeless Shelter
Title Insurance
ATTACHED ARE THE FOLLOWING ITEMS:
COPIES DATED DESCRIPTION
Lorraine R Inouye
Mayor
Brian T. Nishimura
Housing Administrator
1 8/18/91 Original Policy of Title Insurance
THESE ARE TRANSMITTED AS CHECKED BELOW:
[ ] - FOR APPROVAL [ ] - FOR REVIEW AND COMMENT
[X] - FOR YOUR USE [ ] - FOR EXECUTION
[ ] - AS REQUESTED [ ] - OTHER
REMARKS: Enclosed for your files is the Policy of Title Insurance
issued to the County of Hawaii by First American Title Insurance
Company for the recently acquired East Hawaii Homeless Shelter
property, TMK: 2-3-12-4.
If there are any questions, please contact Brian Ishimoto at
961-8379.
y
SIGNED: cJ. ,
Brian T. Nishimura
Administrator
xc: Glenn Shiigi, Deputy Corporation Counsel
Stanley Iwamoto, Accounts Division
EOUAL HOUSING OPPORTUNITY
IOHN A. WAGNER
County Clerk
OFFICE OF THE COUNTY CLERK
County of Nawaii
Hawaii County Building
25 Aupuni Street
Nilo, Hawaii %720
October 4, 1991
Office of Housing & Community Development
50 Wailuku Drive
Hilo, Hawaii 96720
Attention: Brian Ishimoto
Dear Mr. Ishimoto:
ROBERT S. SH/O)/
Deputy County Clerk
HARRY A.TAKAHASHI
Legislative Auditor
Thank you for sending us the Policy of Title Insurance issued
to the County of Hawaii by First American Title Insurance
Company for the recently acquired East Hawaii Homeless Shelter
property, TMK: 2-3-12-4.
We have retained a copy for our files and are sending you back
the original because we do not need it.
Sinc rely yours,
'"~/v/
ohn A. WagnerG~
ounty Clerk
Att.
OC7 0 ~ 1991
FIRST AMERICAN TITLE COMPANY OF HAWAII, INC.
923 Nuuanu Avenue, Honolulu, Hawaii 96817
Telephone No. 524-4050
Date: Sept. 30, 1991
To: County of Hawaii
Office of Housing & Community Development
50 Wailuku Drive
Hilo, HI 96720
Att: Brian Ishimoto
From: Alton Fujisaki
Subject: Escrow No. 91-17304s
Order No. 96474
Property: TMK 2-3-12-4
Ref: Hilo Homeless Shelter
Attached please find the revised Owner's Title Insurance
Policy regarding the above. Please contact me if you
have any questions.
S E?-~ 3- 9 1 M O N 1 4 1 6 F I R y T A M E R I CAN T I T L E P 0 2
sYr_
Form Hn tle2-87
~e•~ol
TA Ownefs Patky
POLICY OF'fITLG INSURANCE
~~YT n~llq/,.
4 /.r.
~\ ~/%~
~~_
Itititilil r It1'
First American Title Insurance Company
~.~ .
1....~
SUDJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEOUIE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a
Calilornia corplxatioM1 herein called the Company, Insures, as of Date of Policy shown in Schedule A against loss or
damage, not exceeding the Amount of Insurance stated In Schedule A sustained or Incurred by the Insured by
reason of: ~
1. 71t1e to the estate or Interest described in Schedule A being vested other than as stated therein;
2. Any defect In or Ilan or encumbrance on the title;
3. Unmarketabltity of the title;
4, lack o1 a right of access to and from the land
The Company will also pay the costs, attorneys' lees and expenses incurred in defense of the title, as Insured, but only to
the extent provided In the Conditions and Stipulailons.
i
'~ i it 1.
e ~
I }
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1
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y ,.A i 1 .
~
erican Tit/e insurance Company
t A
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S E'P - 2 3- 9 1 M O N 1 4 1 7 F I R'S T A M E R I CAN T I T L E P 0 3
a ~ of ,. v,~r« .. ... , _.
EXCLUSIONS FROM COVERAGE
The iollowinq matters art expressly extludod Irom the Coverage of this policy and the Company will not pay loss a damage, costs, attorneys' fees a
expenses which arise by reason ol:
t. (a) Any law, ordinance or governmental regulation (including twl not Ilnllted to building and zoning laws, adinanCes, a regulatons) restricting,
roquialing, prohibiting or relating to (i) the ocwpancy, use, or en)oymenl of the land; (ii) the Character, dimensions or loealion of any improvement
now or hdrealter erected on the land; (Ili) a separation in own¢rshipor a change In the dimensbns a area of the lands any parcel otwhich the land
is or was a part; a (Iv) environmeniai protection, or the elleCl of any violation or these laws,adinances a poVernmental regulations, except to tho
extent that a notice of the enlorcement thereat a a notice of a deletl, lien or enwmbrance resulting fran a vbtatbnor alleged vlolatbn alleuing
Iho land has boen recorded In the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) alcove, oxcept to Iho extent that a notice of the exerttse thereof a a notice of a defect, lien or
encumbrance rosulling from a violation or alleged violatbn altecling the land has been rotaded M ttle-publb records at Dale of Policy.
2. Rights of eminent domain unless notice of the exercise thereat has been recorded in the public records al Date of Policy, put not excludirq Irom
wverago any taking which has occurred ells to Date of Policy which would be binding on the rights of a purchaser for value wlUwut
knowledge.
3. Detects, liens, encumbrances, adverse Claims a other matters:
(a) treated, sullCred, assumed a agreed to by the Insured claimant;
(b) not known to Iho Company, not recorded In the public rotads al Dale DI Policy, but known to the Insured claimant and not disclosed In wMlirg to
tho Company by the Insured claltttanl prior to the dale the Insured Galmanl became in Insured under this policy;
(c) rosulling In n0loss or damage to the Insured claimant;
(dI attaching or crealo0 subsequent to Date of Policy; or
(e) rosulling in loss or damage which would not have been sustained ii the Insured Claimant had paid value for the estate a Interest Insured
by Ihls polity.
4. Any claim, which arises out of the Iransaclion vesting in the Insured tits oslale or interest insured by this policy, by reason of the operalbn of federal
bankruptcy, state insolvency, or s{mllar creditors' rights laws.
t. DFftNITION Of TERMS,
Thor lotbwing terms when used to IhN Icyy mean
rat 'InsureR': the Insured nom N sohedule A
a
CDNDITIDNS AND STIPULATIONS
;IS of bss or damapa BM G1ah ata10.10Iha!%lanl p0551•
Duls of caltutatrnpp IM antaunt of the bsc a damag0.
Canparry ro prepblCed try the lallure or lM Nsured
ml to Ixvvkre IM repulrad groat bl bss a damag0. tho
my a ODegallons t0 IM Insured Unda Iho ndkY shaA
a10.1neludinp a~N gadhty a o011galion lb de
a continue arty lilgatbn, with regard to the mMtar a
s regukirt~auch prop/ of bas a damage.
„usrw. r IneurM elalmanl may roasmahh b rs
secure
M rea
porky as to Dwt tsatm
i. OPTIONi TO PAY OR OTHERWIi[ tiETTIE CWMt$
TERMOIAtTON OP I Ui0.m.
thibb n0 ad mlarMot ~,1MWmpanyslaAhwo
(a) To Pay a Tandy PaymaM N IM Amount M
a
it. LIAiIUTTNOMCUMUlAT1YE,
H Is expnssy Imderelood that IM amount of Yrstrance
un0a INs policy shall be reduces ppyy any amamt Axo Can•
woY~Y paytlMer aMD~cykuurkq a hl0ngag! W Mhkh
extMptlOrl N lekan N tschedtda D a m wMcA IM kuacdnas
agree4 acwrneo, a taken arNec6 a rAaclr U Mreanu
eaealed by an Muad urd wNch k a char0pae a N~n m the
aclateakl rMldescribedaramrodloinScheAxeAand
p~otlc~y loathe ply gnu moaned a paymark adr OAs
1I. Mt1MENT OF LOii.
q~ NopeymarAshahWmadewihoutproduckgtAls
la adoraamanl of lM paymrd bnkas AupoRY Ass
Da~yao Mai a~raet~rNr d the Corparry
haeDw YRwrr 16ua1~ioo~ada~irawll~mtlwor0ar
aMb~OpW basatrrltpeMrMkapayapewiNn
u, ~WROOATRTN APON PATN9TT
1taTiLEYENT.
10. REDACTION OF INSURANCf• REWCTION OR
TERMINATION OP LNi1LITr,
M paymenli Yndef IMa pbRCy except payments maAe
hx boe10. attaneyY leaf and expenses, shah roduee tM
amamt a the Ylswance pro IaMa
--"~Ihl "insaed clalmanf": an Insutld claiming loaf a
5EF'-23-91
M O N 1 4 1 8
stain! an nUte a Intxefl M IM land, a
ess secured Dy a purcMSe money matgapa gtvM ov a
urchasa lranl Inwred,aonly sObnq aslM lnswods all
ova aaWlily by 1lasal a cevlnMtf of warranty made W IM
~surld Inlny IransiCr w cawtyance oI1M eslal! a MINlsI
l+ls patty sM11 rot conlMw In race In laver of eny ppuurthaser
nom IM InsurN of eilna (i) an eslale a Interest M IM lard, a
•q an Irdebledness secwed try a pachase monoy malgage
;rven ro the Inwred
NOTICE OF CIAtM TO SE GIYEN aT
INSURED CLAIMANT,
TM Mwred snail Mlily the tomPpany promptly In writingq ((q
t cast of any Btlpatbn as set brth In bectlon I(ce) below, (iq In
ass knowledge ehail came to an Insured Mrevnder of any
Calm of the a Interest which N edverse to the 1114 le Ine
state a interest a Inwred, std whkh might eauu loss a
amape la tvtrich lM Company may M Ilaaa OY Nnue of Ihis
alley, a ptq II rota to tM estate a Incerest as Mwred, Is
~)eCled as unmdrketab4. If pompt Mlke shit rat De given to
>c Company, then as to IM Msured NI Ilabinty el the eom-
aM mall Itrminaq with rtqud to the mailer a mallaa la
nkh ppompt Mrkt Is rpulred vprpvldeQ Mwevtr, that
inure to nOUly the any snap In M use prt)UOICe IM
ghtS of arty Inswed Under Ihis pagty unlefs IM Company
,all M ptwdktd by Ihs lanure and then only to IhO extent of
,e preNdke.
OFFENSE AND -ROSECUnoN OF Acri0N5;
DUTY OF INSUAED CLAIMANT TO COOPERATE.
aappilan~ uduiee In Setitony6 of stn liseCoMlibrist~rin
utalbns, IM CMgany, a11ts own W sUnd wllhwt tarea-
tae delay, shah provide la Ine Oelensa of an Mewed In
albs In wNCh srty Third partyy asserts 1 Halm advarSe to
title a Mttrlsl as inswM, Wl prey u to (nose slated
v rrpm tp select cpunser of ns CMke two act b !M rgnt of
>• Inswed to obfeot br re75onab4 Corse to npesem lM
sured a! to IMa alaled causes or action and snail rat De
able Ice its wIU not pay the foes of any other counsel, TM
ompany will not pry trey lees, COSTS a expenses Incvnred Dyy
a Irtswed In IM deMnSe al tMSE tatrslS of action Whkh
Ttge matters rat Mwrtd a Insl W Ihis poky"
ro) The Comparry shall nave the right at hs own cost to
Slllule aM pOSetule any acton a proCeeding a lO do arty
Chu act wNCh M Its oanlon may bB necessary a OeslndO to
F I R S;T A M E R I CAN T I T L E
d oaignans to IM mSwed uAkv Ihlf panty, other man u
.eke IM payment rtqulred, sha% laminple, Inthdlnp any
Aahhity a obllUalan to NIenQ posecup, a continue any
lillgalbR and the pOllcy ahN1 Oo Wrrenderad to the Company
la canceilallon.
(b) To Psy a 0lnarwlse shot wm pinks Other than
IM Insured a Wlih IM Insured Claimant
(q to payaolherwise SeRk w11h o1Mrpulks iota
In bt name 01 m Inswed tlalmanl any Halm Inwred against
under Ims pasty, together with Try wslf, 7UOrntys' lees a'~d
expenses Mwrred by Ine Insured tlalmanl which wero
Bufhorlred by me CompanyUD 10 tphae Ilma pt payment and
whim the Canpany 4 obllpaled la l y` a
(i) Io~aya olnerwlse:eu a wore IM mewed daim•
enl iM bss or amape provided la undo this Caicy, loq~.iMr
wish any cost; atlaneys' tees and expenses incurgd by IM
Instaed tlalmanl whkh were wlMrtted try the Canpany up to
IM Iknt 01 payment and wAlGn IM Company 4 odgaleO
to Uppya n IM exercise by IAe Company or either a the optbns
prwbed la In paragraph (b)O a (ii), the Com~any's oDlb
pCatip113 to IM Msured under Ihis poky to the rice mM bss a
Damage, Olner Than lM paymeas reqquuked to M made, shad
lerminatq Inctudlnp airy tiadtily a oWlgalbn to defend, pos-
tCUte acontinue any litlpalbn
7. DETERMINATION, E%TENT OF IIAIILITY
AND COINSURANCE.
Tnls pohCy Is a contract a kdtmnlty appaalrol acbal
monetary bss a damage sustalneda Mcurred by the Mewed
caimans wM bas sutiaed loss a des a DY reason of mal-
lerslnsuredagalnslbylDlspotlcyardon rothetallnlMtlln
deSUlbld
(a) the nobility of the Company under IRIS poky shall
rot exaW Ihs least or.
((~ IM Maun1 O11nsurance staled In bcheduleka,
" (u IM dlllerence between the value oI 1M Insured
eslafi a Intoner as Insured and IM value of IM Insured
eslale a Mtaesl wb~etl to the dtlect Ion a enwmbrarke
mwrtd against M to s pale r~
(b1 In 1ht awns IM mt a Insuranoa ftalo0 In
Schedule A H the Oatt of Polkv Is Iles tMn DO patent of the
of Policy an knprovemenl 4 aecled on
creases IAs value of the Inwred eslale a
is been
pay IM
'ante at
slate a
at Oate a Pa a (Il
xnt Ms Dean made, as to an
II ooh/ pay its bss po rata In
and expenses McwnO
Conditans and bllpula
R APPOATIONMENi.
11 IM 4nd desCtlbet
la IMt potion a My
e. 10 percent a 1M
any Impirowrtrrrts made subsequent to
x a tiabllily a wlUa Ms aMrwisa been
-AOOi OP LOSS OR OAMAOE
M addibn ro and area Ihs Mikes rpulred aba Section a
I IMSe Cad"ilbM and SU albns Mw been provided tM
~aMwM fnM b hrasl M Ie~CSanmdpswMaynwR in SO
M Nta Ura MaurW WhnMt aMl sstertaln its/aep glvYq
se to tM Mru a Oantaa. TM groat a bas a damage atnaalr
tmalbMr hs,~irid iONlllt~ by lb~ku~ yMA Mstllulrs
igrtied upon ii loeaeh penal by IM Comparry and IM Msured
at thetkneoftlwksee8nceal spolicyandahownMMax•
peso slalemMt a Dy an eMaeemaM atlatned to this galley.
S. LIMRATION Of LIMILITY.
(a) N tM Camparry eNabnslaas its thk a removes Ihs
anegeddNett Oars a anetrmGanea,acurea dre lase N a right
a atusa b a kom IM Ord, a era the aahn N urYnNbt-
ab011yo11M4 alai MWad, Ma reasonabrydAgeM trtanna by
aMr mNtbQ Mcap1np 111patbn sad DN C bn a any
ceppeata0raNrMLRtlranhavaAAYpartamad fabllpatbna
a m `aamaq: Ita~a:e li'rby,ro ahd as w aaaa to My ba.
~ylUa wMl rtlmW sue
gad apalnst arty
Md iM! pdky Tai
pa . Me kaurtd cl
rlgh7s and ranrtM
netessarv M ceder 1
use Ihs e
Iiti alidl
PtaGr
bss M U
P 0 4
wbLLn Ulu tl.a1M W uNtluue rtlW W INVtl
person a papaly M rapes b IM tUlm "
barn Issued II rerNesred by IM Com-
aknanr atoll trMSbr b IM Company all
a a~aklst a Oe~ a progeny
o per KI Ihis r hl a wbegatbn The
at pamll IM ny to sue, tom•
M name of tM Inswcd rAlmaa and to
Mewed claimant b My Uansaclbn a
Nat rlphla a rMlldKs
cWnl a a'tlalm dots not logy taro IM
aalmant IM Company shall be autr
Is and remedks M lha popatbn wMCh
mea Dears 10 IM w1a4 artaunt a1
IM bss. " - - "
Il los! fhoertd flsntl Irpm 1 Id OI IM Mwred CUlmanl,
os stated aDova, IMI act sMA na vole IMS galley, but tM
CampMy, M Thal awns sMll be ragvlreO b pay only IMt
part a arty basae Insured apatrisl by ices pasty wtvtn Shall
tutted IM amount II My, bS1 to the CpnpamY byy reason of
tM Impairment by tM hSwM tlalmanl a Ihs Wmpanys
rghl oft suaapation
rot Tht CanpaY't Rlqhts Agabtl non•Inwnd
Obligee.
TM Company's right a wbropatbn against ran•
InwreO obigaS6MAaal6l and iMgh without lknila•
Ibn, the rbhls of IM tnwreQ to Mdemnl 5, quaraMles,
Oltkt pale of Mturartn a bonds, MtwdlMUnding any
tams a tanditbns eonlalned In tMst Mstrwrknls whkh
povlde Ice aubrogatbn tigress Dy roasts W thLs popsy.
te. MIITIIATION.
Unless poNMled M applkaae law, ehixv tM Company
a the MfureO may demand udUN(on owsuaM to its Titfe
fID
~1
or
a aMr aatlgarln NI
MuM a InWrance b
eel at lM option of either
;r tM
made
to
,arahatogs) may a entered m any court Mvtrg )uns-
diction Inaaa.
TM 17wa {M Silua o11M 1aa1 sMB apppplIy to an ud7a(bn
under 1M iltN Inswante ANllnibn Rulss.
A copy a IM Rules may o<Obnhred from the Company
upon raquefl
tE LIAIILITY LIMITED TO TNI4 POLICY:
POLCY ENTIRE CONTRACT,
16. SEYERAlN.IIY.
M Ilrt twN lNrryry pwlsbn a Ihs poky q tteW InvNk a
uneaauabb alder applleabb qw, lM party aMl DD
deernedMt bMCbde iNt prov4bn-nd aN aMr prwkbns
6haA remNn M hd bree ud atbeL
iT. NOTICES,t~Wp!Nu!~kERE TENT.ywn
aW er wd~h wANq raarkN Eo M IurrlNAe'Yr ~apnd~Jannyy
Neal YKAIde DMCpnrMarlNbrya a tltlaFj~soollfSYylhand tAafl Oa
~GNarYa Ot701, a b {M oMks rnkhb 4swd Ws
ens a reduce bss a dameya to IM Mewed TM Company
ay lake arty appep4te aabn order tree terms o11Ms policy,
S E P- 2 3- 9 1 M O N 1 4 2 0 F I R S T A M E R I C A N T I T L E P 0~
. rc .
~ Pyt A MF. /~~ ~/ ~~
C
~ ~
.~,
Order No. 96474
~.~ _ ~~~/L Page No. 1
~®~
SCHEDULE A
Total Fee for Title Search, Examination
and Title Insurance $1,015.00
AmOUnt Of InSUrdnCe: $327,215.20 Policy-NO. P-92652
Date of Policy: August 18, 1991 at 8:18 o'clock, A. M,
1. Name Of Insu[ed:
COUNTY OF HAWAII
a municipal corporation of the State of Hawaii
(AS GRANTEE)
2. The estate or interest referred to herein is at Date of Policy
vested in:
COUNTY OF HRWATI
a municipal corporation of the State of Hawaii
(AS GRANTEE}
3. The estate or interest in the land described in Schedule C and
which is covered by this policy is:
A FEE SIMPLE ESTATE
S E1''-23-91 MON 1 4 2 0 F I R S T 6aM E R I C A N T I T L E
P 0 6
.. ..-,
A S S A M E R 1
C
~ 1
~ a
~\ , lac ~LL~
SCHEDULE B
Order No. 96474
Page No. 2
This policy does not insure against loss or damage by reason of the
matters shown in parts one and two following:
PART ONE:
1. Taxes or assessments which ere not shown as existing liens by
the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by
the public records but which could be ascertained by an
inspection o£ said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not
shown by the public records.
4. Discrepancies conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey would
disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in
patents or in Acts authorizing the issuance thereof; water
rights, Claims or title to water.
6. Any lien, or right to a lien, for service8, labor or material
theretofore or hereafter furnished, imposed by law and not
shown by the public records.
PART TWO:
1. TAXES Tax Key: Hawaii 2-3-1Z-4
Taxes for the fiscal year 1990 - 1991 have been paid in full.
2. Reservation in favor of the State of Hawaii of all mineral and
metallic mines.
3. Rights of Native Tenants as reserved in Land Commission Award
No. 387.
S EP - 2 3- 9 1 M O N 1 4 7 2 1 F I R :3 T A M E R I C A N T I T L E P 0 T
ST ~MER~
E ~ ti
`p
order No. 96474
Page No. 3
4, COMPLAINT - CIRCUIT COURT OF' THE THIRD CIRCUIT - STATC OP
HAWAII - CIVIL NO. 90-378 (HILO) (INJUNCTIONS)
Plaintiff: East Hawaii Coalition for the Homeless
Defendant: Tenrikyo Hilo Kyokai, Inc.
Piled On: September 25, 1990 ,
Re: right of entry and construction of a sewer
line within a sewer easement
PENDING
(Attorney for Plaintiff: Stephen J. Menezes 180fi, 100 Pauahi
Street, Suite 204, Hilo, Hawaii 96720)
A pending Civil Action does not become a lien upon real
property until a copy of the Judgment or Decree therein is
recorded in the Bureau of Conveyances of the State of Hawaii,
or filed in the Office of the Assistant Registrar of the Land
Court of the State of Hawaii, pursuant to Hawaii Revised
Statutes, Section 636-3.
and
S E P- 2 3- 9 1 M O N 1 4 2 2 F I R SST A M E R I C A N T I T L E P 0 8
.t AMEq ~
`p• ~7
4 ~
Order No. 96474
Page No. 4
SCHEDULE C
The land referred to in this Policy is situated in the State of
Hawaii, County of Nawaii, and is described as follows:
Portions of
R. P. 4553 and 4580, L. C. Aw. 2578 to Hewahewa
R. P. 1155, L. C. Aw. 5701 to Kaiu
R. P. 1152, L. C. Aw. 2228 to Kaapa and
R. P. 1600 to A. P. Mission on a Portion of L. C. Aw. 387,
Part 4, Section 1 to American Board of Commissioners
for Foreign Missions
Ponahawai and Punahoa 1, South Hilo, Island of Hawaii, Hawaii
Beginning at a "+" on concrete sidewalk (found) at the
South corner of this parcel of land and on the Northeasterly side
of Kapiolani Street, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "HALAI" being
1,604,41 feet North and 2,458.83 feet East and running by azimuths
measured clockwise from 'true South:
1. 145° 53' 115.25 feet along the Northeasterly side of
Kapiolani Street to a "+" on
concrete sidewaik (found);
2. 227° 10' 114.50 feet along L. C. Aw. 2406 to Kanoa to a
pipe (found)]
3. 223° 25' 208.20 feet partly along a fence along L. C. Aw.
2406 to Kanoa and remainders of
R. P. 1155, L. C. Aw. 5701 to Kaiu,
and R. P. 1600 to A. P. Mission on a
portion of L. C. Aw. 387, Part 4,
Section 1 to American Board of
Commissioners for Foreign Missions,
and passing over pipes (found) at
1.33 feet and 175.17 feet to a pipe
in concrete (found)s
S E 1-' - 2 3- 9 1 M O N 1 4 2 2 F I R v-T Ll M E R I C A N T I T L E P 0 9
`Py~ AMERICI
M Order No. 96474
~ . x~4~ Page No. 5
4. 327° 03' 94.90 feet along remainders of R. P, 1600 to
A. P, Mission on a portion of L. C.
Aw, 387, Part 4, Section 1 to
American aoard of Commissioners for
Foreign Missions and R. P. 1152,
L. C. Aw. 2228 to Kaapa' to a pipe
(found);
5. 328° 52' 75.76 Eeet along remainder of R. P. 1152, L. C.
Aw. 2228 to Kaapa, passing over a
pipe (found) at 18.98 Eeet, to a
pipe (found);
6. 55° 53' 178.35 feet along remainders of R. P. 1152,
L. C. Aw. 2228 to Kaapa and R. P.
4553 and 4580, L. C. Aw. 2578 to
Hewahewa to a pipe (found);
7. 325° 53' 10.08 feet along remainder of R. P. 4553 and
4580, L. C. Aw. 2578 to Hewahewa to
a pipe (found);
8. 57° 13' 132.00 feet along remainder of R. P. 4553 and
4580, L. C. Aw. 2578 to Hewahewa to
the point of beginning and
containing an area of 44,076 square
feet.
Together with a right-of-way for the purpose of
constructing a sewer and pipe line over and across the following
described land:
All of that portion of L. C. Award No. 2228, Royal Patent
No. 1152 to Kapaa, Ponahawai, South Hilo, Hawaii, and more
particularly described as follows:
Beginning at a pipe at the North corner of this parcel of
land, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALAI" being 1784.41 feet
North and 2712.05 feet East, thence running by aaimuthe, measured
clockwise from true South:
S E A- 2 3- 9 1 M O N 1 4 2 3 F I R ~,.T A M E R I C A N T I T L E
c
. °' ~
~ ~ y
1
Order No. 96474
Page No. 6
P 1 0
1. 328° 52' 41.70 Eeet along property of E. P. Giacometti,
to a pipe;
2. 63° 33' 3.01 feet;
3. 148° 52' 41.29 feet;
4. 235° 53' 3.00 feet to the point of beginning and
containing an area of 124 square
feet.
as granted by that certain Grant dated April 20, 1938, recorded in
the Bureau of Conveyances of the State of Hawaii in Liber 1436 Page
117 .
TOGETHER, ALSO, with the right to enter in and upon the
Easterly portion of the remaining portion of the Porter lot, and to
build, operate and maintain a sewer pipe line to Connect the land
hereby conveyed with the sewer line on Pleasant Streeet, as set
forth in that certain Deed of Mrs. Mary L. Porter to Mrs.
Mary T. C. Hitchcock dated February 7, 1913, recorded in the Bureau
of Conveyances Of the State of Hawaii in Liber 390 Page 14.
Being all of the land conveyed by:
DEED
Grantor: the Roman Catholic Chureh In The State of
Hawaii, a Hawaii non-profit corporation
Grantee: County of Hawaii, a municipal corporation of
the State of Hawaii
Dated: June 11, 1991
Document No. 91-107002
S E F- 2 3- 9 1 M O N 1 4 2 3 F Z R S°'T Fa'M E R I C A N T Z T L E P_ 1 1
ENDORSEMENT
Attched to Policy No. P-92652
ISSUED BY
FIRST AMERICAN TITLE INSURANCE COMPANY
The company insures the insured against loss which the Insured may
sustain by reason of a final judgment denying the right of entry
and construction of a sewer line within the easement .contained in
the description shown in Schedule C, and referred to in paragraph
b of Schedule B.
This endorsement is made a part of th® policy and is subject to all
of the terms and provisions thereof and o~ any prior endorsements
thereto. Except to the extent expressly stated, it neither
modifies any of tho terms and provisions of tha policy and any
prior endorsements, nor does it extend the effective date of the
policy and any prior endorsements, nor does it extend the effective
date of the policy and any prior endorsements, nor does it increase
the face amount thereof.
FIRST AMERICAN TITLE INSURANCE COMPANY
By ~ mo vill(~r
Assistant Secre ary