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HomeMy WebLinkAboutRES 482 Draft 02 1988-1992COUNTY OF HAWAi~~ ~x;p.,:~~'ATE OF HAWAII RESOLUTION No. 482 9Z (Draft 2) RESOLUTION DIRECTING THE FINANCE DIRECTOR, WITH THE CONCURRENCE OF THE ADMINISTRATOR OF THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT, TO ISSUE A LICENSE FOR THE OCCUPANCY OF COUNTY-OWNED LANDS FOR THE DESIGN, REALIGNMENT, AND CONSTRUCTION OF A PORTION OF PANIOLO AVENUE LOCATED ADJACENT TO THE COUNTY OF HAWAII'S AFFORDABLE HOUSING PROJECT AT WAIKOLOA, SOUTH KOHALA, LOT 5 OF FILE PLAN 2038, TMK: 6-8-02: PORTION OF 26. WHEREAS, the Waikoloa Land Company donated land in Waikoloa, South Kohala, to the County of Hawaii for the purpose of developing affordable housing opportunities for residents of the County of Hawaii; and WHEREAS, the land donated to the County of Hawaii by Waikoloa Land Company satisfied the employee housing requirement for the development of the Waikoloa Beach Resort; and WHEREAS, the County of Hawaii is developing an affordable housing project on the land; and WHEREAS, Waikoloa Land Company is required to design, realign, and construct a portion of Paniolo Avenue pursuant to the applicable County of Hawaii standards and requirements; and WHEREAS, Waikoloa Land Company has assigned its rights and obligations to Village Estates Ventures and Waikoloa Heights Investment Partners (WHIP); and WHEREAS, utility and construction companies associated with the construction of the portion of Paniolo Avenue will need to enter onto the land; and WHEREAS, a right of access for construction purposes will be required by the architects, engineers, surveyors, and contractors of these improvements; 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 interest of the County; and WHEREAS, the Council has consulted the Chief Engineer, who recommends that such right of access be authorized by the Council; 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, with the concurrence of the Administrator of the Office of Housing and Community Development, 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 occupancy of County-owned lands for the purpose of design, realignment, and construction of a portion of Paniolo Avenue and other related improvements at Waikoloa, South Kohala, Lot 5 of File Plan 2038, TMK: 6-8-02: Portion of 26, under conditions which will serve the best interests of the County. Dated at Hilo, Hawaii, this 15th day of July 1992. INTRODUCED BY: __,__1-- . S ~,,..~U~. COUNCIL M MBER, 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 July -15.1 992 ATTEST: i COUN C ERK CHAIRMAN & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX ARAKAKI X DE LIMA X DOMINGO HALE X ALONZO. LAI X MAKUAKANE X RUDDLE SCHUTTE X 7 0 2 Reference RESOLUTION NO. ~~- (Draft 2) RIGHT OF ENTRY This Right of Entry is made this day of 1992, by and between the COUNTY OF HAWAII, hereinafter called the Grantor, and WAIKOLOA HEIGHTS INVESTMENT PARTNERS, hereinafter called the Grantee. The Grantor does hereby grant to the Grantee, its agents, and assignees a right of entry and temporary license for the rendering of services required to design, realign, and construct a portion of Paniolo Avenue up to a depth of 100 feet along the eastern ("mauka") boundary of Lot 5 of File Plan 2038, TMK: 6-8- 02: Portion of 26, located in Waikoloa, S. Kohala. The right of entry and temporary license shall also pertain to any subsequent subdivision of land necessary to accomplish the required realignment of Paniolo Avenue. This right of entry and temporary license shall be granted under the following conditions: 1. Grantee shall indemnify, defend, and hold harmless Grantor from and against any and all liability, damages, costs, expenses, 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 year periods. ~.. COUNTY OF HAW~~„~aS~ATE OF HAWAII RESOLUTION No. 4BZ 9z (Draft 2) RESOLUTION DIRECTING THE FINANCE DIRECTOR, WITH THE CONCURRENCE OF THE ADMINISTRATOR OF THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT, TO ISSUE A LICENSE FOR THE OCCUPANCY OF COUNTY-OWNED LANDS FOR THE DESIGN, REALIGNMENT, AND CONSTRUCTION OF A PORTION OF PANIOLO AVENUE LOCATED ADJACENT TO THE COUNTY OF HAWAII'S AFFORDABLE HOUSING PROJECT AT WAIKOLOA, SOUTH KOHALA, LOT 5 OF FILE PLAN 2038, TMK: 6-8-02: PORTION OF 26. WHEREAS, the Waikoloa Land Company donated land in Waikoloa, South Kohala, to the County of Hawaii for the purpose of developing affordable housing opportunities for residents of the County of Hawaii; and WHEREAS, the land donated to the County of Hawaii by Waikoloa Land Company satisfied the employee housing requirement for the development of the Waikoloa Beach Resort; and WHEREAS, the County of Hawaii is developing an affordable housing project on the land; and WHEREAS, Waikoloa Land Company is required to design, realign, and construct a portion of Paniolo Avenue pursuant to the applicable County of Hawaii standards and requirements; and WHEREAS, Waikoloa Land Company has assigned its rights and obligations to Village Estates Ventures and Waikoloa Heights Investment Partners (WHIP); and WHEREAS, utility and construction companies associated with the construction of the portion of Paniolo Avenue will need to enter onto the land; and WHEREAS, a right of access for construction purposes will be required by the architects, engineers, surveyors, and contractors of these improvements; 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 interest of the County; and WHEREAS, the Council has consulted the Chief Engineer, who recommends that such right of access be authorized by the Council; 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, with the concurrence of the Administrator of the Office of Housing and Community Development, 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 occupancy of County-owned lands for the purpose of design, realignment, and construction of a portion of Paniolo Avenue and other related improvements at waikoloa, South Kohala, Lot 5 of File Plan 2038, TMK: 6-8-02: Portion of 26, under conditions which will serve the best interests of the County. 1992. Dated at Hilo, Hawaii, this day of INTRODUCED BY: S ~~~. COUNCIL BER, 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 ATTEST: ROLL CALL VOTE AYES NOES ABS EX ARAKAKI DE LIMA DOMINGO HALE KOKUBUN LAI MAKUAKANE RUDDLE SCHUTTE Reference COUNTY CLERK CHAIRMAN & PRESIDING OFFICER ( RESOLUTION NO (Draft 3) RIGHT OF ENTRY This Right of Entry is made this day of 1992, by and between the COUNTY OF HAWAII, hereinafter called the Grantor, and WAZKOLOA HEIGHTS INVESTMENT PARTNERS, hereinafter called the Grantee. The Grantor does hereby grant to the Grantee, its agents, and assignees a right of entry and temporary license for the rendering of services required to design, realign, and construct a portion of Paniolo Avenue up to a depth of 100 feet along the eastern ("mauka") boundary of Lot 5 of File Plan 2038, TMK: 6-8- 02: Portion of 26, located in Waikoloa, S. Kohala. The right of entry and temporary license shall also pertain to any subsequent subdivision of land necessary to accomplish the required realignment of Paniolo Avenue. This right of entry and temporary license shall be granted under the following conditions: 1. Grantee shall indemnify, defend, and hold harmless Grantor from and against any and all liability, damages, costs, expenses, 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. The Grantee shall procure and maintain or cause its contractors to maintain during the entire period of this license, with an insurance company or companies acceptable to the Grantor, a policy of comprehensive liability insurance, with minimum amounts of $1,000,000 for injury to one person, $3,000,000 per occurrence insuring against all claims for bodily injury, death, and property damage; that said policy or policies shall cover the entire premises, including all buildings, improvements, and grounds. The Grantee shall furnish the Grantor 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 Grantor of any intention to cancel any such policy prior to actual cancellation. The procuring of this policy shall not release or relieve the Grantee of its responsibility under this license as set forth herein or limit the amount of its liability under this license. The Grantee shall cause the Grantor to be named as "additional insured" on the above comprehensive liability insurance policy. The policy shall have a deductible of not more than $2,500 per claim. 3. 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 year periods. 4. Either Grantor or Grantee may terminate this license upon giving the other party thirty (30) days written notice. 5. The Grantee may assign this Right of Entry, in whole or in part, to a third party with the prior written approval of the Grantor. APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii GRANTEE WAIKOLOA HEIGHTS INVESTMENT PARTNERS By Date: APPROVAL: WILLIAM TAKABA Finance Director Date: BRIAN T. NISHIMURA Administrator Office of Housing and Community Development GRANTOR COUNTY OF HAWAII By LORRAINE R. INOUYE Mayor, County of Hawaii Date: