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Home My WebLink AboutRES 527 Draft 01 1988-1992COUNTY OF HAWAIF STATE OF HAWAII RESOLUTION N0. 527 92 WHEREAS, since January, 1983, the Kilauea Volcano eruption has destroyed 181 residences and numerous other structures, including three County beach parks in the Kalapana area of Puna; and WHEREAS, the Federal Emergency Management Agency (FEMA) has approved a proposal by the County to replace these lost beach parks with two new parks in the Puna district and will fund 75% of the approved costs of the new parks, including land acquisition; and WHEREAS, three adjoining parcels of land in Pohoiki totaling 5.95 acres with 550 feet of ocean frontage and a half-acre warm spring pond are available for sale and present an opportunity to acquire a unique property for the use of the people of the County; and WHEREAS, an advisory committee made up of residents of Puna has studied available sites for replacement parks and unanimously supports the acquisition of these three parcels of land and their development into a park; and WHEREAS, the County wishes to immediately act to secure these three parcels of land for the people of the County of Hawaii by placing a refundable deposit of $7,000 into escrow and also having an environmental assessment prepared; and WHEREAS, the sellers Of the three parcels of land are willing to enter into the attached DROA with the County of Hawaii with the final sale contingent upon several factors including (1) water quality study indicating that the water and water circulation in the swimming pond are clean enough to support water activities by the public, and (2) final commitment of funds by FEMA (as will be indicated by completed Damage Survey Reports). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: 1. That the Mayor is hereby authorized to enter into an agreement (copy attached) to purchase the following parcels of land in Pohoiki contingent upon the conditions specified in the attached DROAs: TMK: 1-4-002-005 (1.3613 acres) TMK: 1-9-002-006 (1.7950 acres) TMK: 1-9-002-061 (2.7870 acres) 2. That $20,000 be transferred from 010-911-5911.13-341 Contingency Account to 010-801-5801.33-341 Transfer to Capital Projects to cover the $7,000 refundable deposit and the environmental assessment. BE IT FURTHER RESOLVED that the County Clerk be and is hereby directed and instructed to forward a copy of this resolution to the Director of Finance and the Department of Parks & Recreation and that the Director of Finance be and is hereby authorized to make the necessary transfer in accordance with the terms of this resolution. Dated at Hilo Hawaii, this 21st day of October, 1992 troduced by: COUNC L MEMBER 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 O . ohpr 1 ~ 1 992 ATTEST: ~.~ I U LERK CHAIIAN PRESIDING OFFICER ~ ~f ROLL CALL VOTE AYES NOES ABS EX ARAKAKI X DE LIMA X DOMINGO X HALE X oLON (1 -- LAI X MAKUAKANE X RUDDLE SCHUTTE Reference C-4181/FC -622 RESOLUTION NO. S2"J ry its rembers. ® the NA770NAL ASSOCIATION OF REALTORS"' and subscribe to its strict Code 1 ASST{k."1TION OF REALTORS'" STANDARD FORMS II his Iransactior rolves a sale of properly at a price less than $25,000, ~CSIT F. ~IFT, OFFER AND ACCEPTP' , s/B9 ("DRGA"1 Hawaii's Plain La. a Statute may apply. If so, ATTACH AN EXECUTED PLAIN ,fhe Stantl rd T ms on the Reverse Side are part of 90A) RE ALtO R' LANGUAGE ADU. 1M. Reviewed by: _Charles. -Clarke __. _. Reference Date: September 11, _1992 (Principal BraFer, Brpker n CM1erga,-ANhnrizBd Signalure) - ----- - DEPOSIT RECEIPT Received Irom y Count of Hawaii herein called Buyer the sum of $ 1, ggO.OO in the form of Check CO eSCrOW as an initial de __-_ _____. _. _ posit on account of this offer. Receipt is acknowledged by (REALTOR)(R~~~$j~ -_. _._. _. REALTOR'S firm and adtlress Charles Clarke Realtor-- P.O. Box 2245,- Kawaihae Rd, Kamuela, HIPHONES(Bus.) 88.5-8533. (Home) 885-806.0_ (FAx) 885-8045 OFFER 1. PURCHASE PRICE:F1Ve hURdTed thousand and noL100.dDllars ($500,.000.00) - - _ 2. PROPERTY DESCRIPTION: Tax Map Key Division.- _3 _ - /Zone _ -1.- /Sec _ 4 /Plat _ OO2 /Parcel -__.61 /CPR. __-_ _ _ (a) Realty: All of that (Il~S~IK) (fee simple) properly situated al Laepaoo, Pohoiki _ County of Hawaii-. _..__ ____ _ Hawaa.descdbedasanows:_a Vacant parcel-.of land._of appreximatl 2.78 acres. (b) Seller's Resl Property Disclosure Statement doled (has) (has not) been received by Buyer. II not, address in paragraph 8, Special Terms (b-t) Resldentlal Leasehold Property Addentlum;leJ (is no0 made a part of This DRGA. tt~a(c) Sale Inclutles: All builhin furniWre, attached /fixtures, built-in appliances, water heater, electrical and/or gas and plumbing lixtures, attached carpeting, existing drapes, and the following items it checked: Chandelier ( ); Range ( ); Refrigerator ( ); Disposal ( ); Dishwasher ( ); Compactor ( ); Washer ( ); Dryer ( ); Air Conditioner ( ); TV Antenna ( ); N Cable Outlet ( ); Ceiling Fan ( ); Furnishings per attached inventory ( ); Pool Equipment ( ); and __. -._ Specibcally excludetl (d) Title: Seller agrees to convey the property with warranties vesting marketable title in Buyer, free and clear of all hens and encumbrances except -__._ __. -nq._exceptions__-_. --_. __..- -__-_._. and any other covenants, easements, reservations or restrictions now of recortl which do not materially a/feet the value of the properly (e) Assessments: __lf-any__. __ - __ _.._ _- - _._. ___ _. __ _. _. ___.___ shall be (paid by Seller al closing) (t)y~~. 3. FINANCING: Buyer agrees to pay said purchase price as /ollows: ADDITIONgL DEPOSIT: $__ _-_ ___.__ -__ In cash to be made on or before _ _ _ _ _ _ _ _ ____ $ SOO.,.000.OO -.. __ in cash at closing including all deposits herein. $ _. __. - by way of __ _. _ -_.. __ _-__.. _. _.-____- _ _ _. $ SOD, gQQ.OO _ Total Purchase Price (see paragraph t above) 4. CLOSING: Closing will be on or belore- _. ___.__ 19__. _ __ .Escrowed by _.TltlO. Guaranty EserDW- - - - - _--_-. 5. OCCUPANCY: Seller agrees to give Buyer occupancy al closingl'oX&?S... _ _ ____.. _ _ _ __ _.. _ -__ _ 19__ _ __.. 6. PROBATIONS: Properly lazes, lease rents, interest on assumed obligations, mortgage insurance premiums, other insurance premiums, maintenance fees, tenants' rents, u a ucame. and any other expenses PP - __ - _ shall be prorated as of the date of closing DSlO1CX _.. ___._. 19___. _- . Tenants' security deposit, it any, shall be charged to Seller and creditetl to Buyer aI closing. 7 TENANCY: Title shall vest in Buyer(s) as follows County of.. Hawaii.... _ _ -- orlnii~n i4painsmryel anti-drar status too nueb)_--------- __ - _ Tenancy:_ Severalty __ -- - - 8. SPECIAL TERMS: (Please number) 1) an "AS IS ADDENDUM;" 2)an "AllJOINING PKOPEKTY_.AllDENDUMp" 3) an "OCENAFKONT PROPERTY ADllENDUM;" 4) a "FEMA COMPLIANCE .ADDENDUM; ". 5) A COUNTY.BOND__ AUTHOKIZATION ADllENllUM;" 6).and "HARPTA & FIRPTA_AFFIllAVITS" are attached to .and area part of this llKOA. ___ __. - _. _ ----- 9. AGENCY DISCLOSURE: 7ha Buyer is represented by it Counsel and all its salespeople. The Seller is represented by. Charles Clarke REal tOr antl all its salespeople. Oral or written disclosure was provided before the signing of This offer to. AGREEMENT TO BUV: Buyer agrees to buy the property on the terms and conditions contained herein including The Standard Terms On The Reverse Slde, acknowledges receipt o/ a copy hereof, and agrees Thal this otter shall be binding if accepted by Seller belore. 19 92 AM/PM. Olfer Dale . 19 , AMlPM. Buyer's address: 25.Aupuni Street, Hilo_Hi_96720 euyer_COUNTY OF HAWAII _ - ,igneiu,e- _ - - set By - - -_ _ Phones. (eus.) (Home) ____.. ~~K __It.S__MayOr ' _.. .signature -____._ ___ _._ $$e ACCEPTANCE It. AGREEMENT TO SELL: Seller agrees to sell the Droperty at the price and terms olfered above, including The Standard Terms On The Reverse Slde, and acknowledges That he has been given a copy of this otter. 12. SELLER'S AGREEMENT TO PAV COMMISSION: I agree to pay to Charles Clarke Kealtor a commission /or the above sale of $~ Of Che $elhng price in LL5. dollars. I hereby instruct escrow to pay your commission directly b you at closing. I agree That I cannel change these instructions without your writmn consent. Unless otherwise agreed upon, I give you permission to sharp this rnmmission as you sea fit with the real estate company named hero in the DEPOSIT RECEIPT section of this agreement. In the event of Buyer's dolaull, it I retain Iho deposit(s), I agree to pay you one hall of the amount I retain, but you shall not be paid morn Than what would have been your lull commission. Date 79 AM/PM. Sailor's Namo p,im Tull legal name Seller's Tax Idenlilication q to be reported to IRS Signalure Seller's Name pnm luu heal r,eme Seller s Tax Idenlilication N to ba reported to IRS Signature Seller's Address Foreign Person ( ) Owner occupant ( ) Other ( ) Seller's Address Phones: (Bus.) _ (Home) ACKNOWLEDGEMENT OF ACCEPTANCE: The undersigned acknowledges that he has been given a copy nl the acceptance of this otter Dale 19 AM/PM. Signalure SIAN(1AR(1 7EIiM:i A. ('.ONTRACi: Ihis is mare than a iacolpi Inr money. II is n legally binning oonirua. Hgml it ro~nlnlly B. EVIDENCE OF tlilE: SeN~.~ stall impish Ruyli ec id •n r ~ r .: .III. l:-inm k-labia= btla In ili nL.recl wii lh i.. hn ru v A = io Igip I~ ".nllri r»d, I:a iol oni Ililn ~- I vnn~ pnn i~J. Pi h - Ihn Sri n. l,phnn h tr uninule Ihi .lr~ ru~nl and h:mn any ~H H ryi.r-a rl Apo°~ i i IUUird In Ruy~ the Lur=icy no s'~'~II r i . rl idc~ m u nlh~..i mmrd~nv ar.{InFln to Iiirynr t4 ryni will m-nrvn an nwier'; vtvndvd ern er'.1~ ~. Ihy ni Ul i^.nnoi P hl?lirsl Cll •nl'~- :halliv uFS~~,I lh~i rir.. i . !~~hr I, ~,i 4... nn~ ~ .r cinul ~,-...,na.•. I~In'.p ^I hllc insurnm:.n to bay issued b~ On. Irt .. ~ Om .i i ~ the ~.:~~~ nml I I di.-0I n ~ i pe ( ~ anpn I I -ii I i ~ n n ~ ~ i u n ni l ,~LM1b. I t_ =Cdr, i F, Iln. ~.. .) ~ v n~-p~ndnd ~ovrv ago Pohry- ~ni.ludu ul a I rndni s puliry C. STAKING: Gn~n! sl all nne~ mel ~~Y br im ro~ t I flit sinking by ~ fcnnaed ~ meyo d .aka : r~rr nrt uF hn f hn p ym ~ y ,~:~~~~ ;, -imd on nY nrif} Ihn hnnnnry l~f hn o~.N~~nn of dah~_- I nm In t l~~ci 1 ~~ 1 ~ha .rlln vp ~n: t ~ v 1 Dur;n O,r R ~/ i Inr fhn ~ r.-.I nl ihi~- 51n1. i h~~p ~~ I nl; 1 - ~ o ~ .nil n II n nu~rul t. F» yrt v~ I 1 b' I a cmalc Th~c p nvi.~a~ulnssno ~pl~l art xion~ nrrcagv Ival-i lnuq~l Nipiialon.~~_nnla~curmVnml ~in~°:n~J-.drrilhr nc.n:y ol~hobvJ lnadn,cpl'onn fhn ah:rnrr nl erv.:mnchnsnic. ) D. CUSTOMAFlY CLOSING COSTS (C xc~gll Whore NCI Applira6lc). I h,•~.n me coaannr; cclc and :vr nnl inp~ndnr~ b ~ hn nn uII In,:waivr. Irt t_%I)CfICf!S Ill hP (Ifll(I hY (111YP! (KI)nelSnF 1[~ IJn nnld by Se~lrf ~tlnl I ll:llll ill l~l JI~~C I-Vlllr•i ~In ~ i~l.-~Ir: ,~i~lfJ iJ~1~~in1~11 ~1~. III!' ~il~" ~ I ~lll it lla i~ I~L~ I nl~ ~ I x..11 ~Af (I I•`tlll I). ilhn:~n) II~~~. ~n~.. ~ I` I/l `i lii llll ~ I C~~ylld~ll al ~i ~I III (}, ilhr~,;n) I1. ll~inn <~~ ~iir"~`~tlrill ..I '..iln I~r.i:`iiiig i~l (I~+r,l ~~i ~. 111 .i _r .calm •n(.d ln... I h.l'li~iq ni L1~~~Iq'rtl" oe1 11~Jr Ili. Jlinil al IIJI .d `.. Ura long r.l Huy~a'F ~;nn::rills [)iJO m^ of SnIIFlr = Cnn~.~¢ll:'. Iln.,...':'. i:nnsnnl I cc ::ellcr'; Cnnr.onl f cry Ikr,oi y finirvl- I ~,r ; aIIrC, Nnhnp I or ,VI iir~.,iUmu 1 me ~oe~~pl I)c•unn•,ntr. In Cla•a~ ioliw', Tipp i'nrn^anncr, lar 0 1 ~.i na Pne S L =uow f nn ilhn Jn Ownou:hiy L,vuier (qp '4o knn~ I IIA f)i~.cnnn~s Whoa Appiu_ahlr VA or 1 H~ I ~~'-rannt I`emis Whnn Appli~'ahir non. Llagr !A~, ~.n u~~pun ~,.~ L•nni0• In-~u•nb. m bnnim ^~abimni II lingm~r,l nv p^r Sinnddrd lmm N E. (ERMITE IPIS PE(:110 N: .ou., shnn d,i.,,.~ ¢. m , p=. ~, yh , ~ .,.p„. I ~ ~ , rc.~~~~.1 d vl i l .n,,a ~q ,nl. ..hn ~~ p n ! ih,.,., ~. ,..,d,n, i i i ~'~o,- .ia, i n~ tha= mip ~ ri it nns~ iiLOd hri~-... .,nlb,i '~hnll ~, r,~ P+ p.nntlt~ n~PV Un n.,~x in nn tlnv nl II it r inqun..,l I`. 5EIJ_PR'S I. IntIT'1'U 1VA RRAdTY. nlLi~. i a,„~~'.~i Il.~~ln~l,~l iantlcy ^,i;tll ;qn ~~i ninn.. pair l ri i..~l .I : n.l? a I, na .~n=I I Au-.~~ In~i~l r..nc~ nM1,i ...n. ,~ 1 qll mtlli ih,:. _ n :h '. i.....I Jn.c i ~ upa~n. tl •m mi i'1~. di nail ~. i 1, i' i i. 1 'nq~l ni G. RISK OF LO55: !A t..d I ~ ~ I. ~ iy.nn v i i ,J InP ~ npnn~ / ,. L i. ~ i ~a. gyn. lua II. Dt.-fAlJl l: lib .~. ~~ c IY i~In~..N n,l 'up rr~l r .I r-. O.n, r I Il ivy" 0, ..~ Ip~. I~,,Im.,, "I ^i-. ~u. ~ 6 r., , ~"~., ,,,., ~d„e, V . ~ n. i.~ n ~ ~ r . ., ~ l..lh ,i I'll Lung kn. bu I. Lmrn~tr. L... ~. i, .,l .. 1 11n,.,i.~ I tiJd,,, i....~ al ~~i1 .,..~.., i.,...11. r . 1 ri. r G,i i- i .r ira,.., ~ ... „~. ,. ~. i ...nN ,..,.. b, i ~ i .I 1 :. .~. ~i it L ~. ~ ~. I i,.. '.. ~ i I I I' -' I / u~ i J .III r r. u i J d r I t I I L I n ~ l ~ ~l I .. i. i~ ~~. ~i i..i.l_ i 1. i i-.~ ili .Ili . r..~~i ~ ii I r .tai i~ li. I i .ii ~i i.. ~ i ., y,~a .. n~ r II ~ .,nl nl ~P~I '.i JJ i i i ~~ ~ i ~ i i~ I i i i ir. .. .lr i... 1. ra_uslru;: i ~~. •. m. ~ L ~, ni :~"~ i , ~.,, i.. ~i i .. ........:..... i d,,, ~~~~.,~, ,„„~ ~,:. L, , i ~ ~~., .,,. ~ ~ .I. coN:our i ii hii .L ~ ii.l:'.li:i: .... ..i !... il...., lii i ~ ~ I.i~ :Ind ~. Ian I~ '.nn I ~.'.i Iii ' i... ~. ,.I ~~I. I ,,°If .i lu ~'. ' i ... I .. K Rn9',':. < I'.~Iltb: nil: ~l'.. '=f .Y ~;AI( ,'Ja(t' 11'Iti a.. ~ ~ IIdL. i. i I a ~. ln~¢.'ilrn~ ~ all. i, n it illii ~. I~ ~.....~ _'. '. i i. 1 11 iii.. iil..~ ~~ L ADJOINING PROPERTY ADDENDUM l'karles Clarke Realtor® This ADDENDUM is made part of the DROA Reference Dated 199_ by and between the COUNTY OF HAWAII ("Buyer") and the Seller named in the DROA for the sale of the property located at Tax Map Key No. 3/1-4-002-61 (the "Property"). The Seller is aware that the Buyer has also made an offer of identical duration as included in this offer for the adjoining property located at Laepaoo, Pohoiki, Tax Map Key Nos. 3/1-4-002-5&6 (the "Adjoining Property"). This offer is contingent on: (1) the acceptance of the Buyer's offer on Adjoining Property within 5 banking days from acceptance of this DROA; and (2) the closing of the escrow for the purchase of the adjoining Property simultaneously with the closing of this DROA (by no later than 199_. If the acceptance of the offer for the Adjoining Property, and/or if the closing of the escrow for said property does not occur as required above the Buyer may, at his option, declare this offer shall be null and void and the Buyer's deposit(s) shall be immediately returned, less the amount of any escrow expenses or fees chargeable to the Buyer. Thereafter neither the Buyer, the Seller nor any brokers shall have any further rights, obligations or liabilities under this DROA. The Buyer promises and agrees to keep the Seller fully informed about the status of his efforts to purchase the Adjoining Property (and authorizes the Seller and his representatives to contact the escrow company for that transaction to monitor its progress). The Buyer further promises to use his best efforts to comply with this Special Term. The undersigned acknowledge receipt of a completed copy of this Addendum. Dated: Hilo, Hawaii, , 199, COUNTY OF HAWAII By Its Mayor BUYER Dated: Hilo, Hawaii, , 199_ BY. SELLER BY. SELLER SELLER ccr 9/92 "AS IS" ADDENDUM Reviewed by: C(arles Clarke Realtor ~+ This STANDARD "AS IS" ADDENDUM is made part of the DROA Reference Dated _ 199_ by and between the COUNTY OF HAWAII ("Buyer") and the Seller named in the DROA for the sale of the property located at Tax Map Key No. 3/1-4-002-61 (the "Property"). The Buyer and Seller agree as follows: THE BUYER SHOULD NOT SIGN THIS ADDENDUM UNLESS HE HAS FIRST READ AND UNDERSTOOD IT. IF THE BUYER HAS ANY QUESTIONS HE SHOULD FIRST CONSULT HIS ATTORNEY. 1) Property Condition. The Seller wants to make sure that the Buyer is aware of the Property condition. The Buyer is aware of the following defects or problems, described in the attached Seller's Real Property Disclosure Statement dated 199_, or if one has not yet been provided, the Seller's Real Property Disclosure Statement which will be provided to the Buyer by the Seller. If the Buyer accepts the disclosure statement, all the conditions disclosed therein shall be included and covered herein. If the Buyer disapproved of the disclosure statement he should not purchase the Property. 2) No Other Statements or Promises about the Condition of the Property. Neither the Seller nor Clnrles Clary Rgalto 12 makes any other statements, representations or promises about the condition of the Property or any improvements on or under the property. Without limiting the generality of the foregoing, neither the Seller nor the Listing/Selling Broker makes any statements, representations or promises about: I The condition, state of repair, operating order, safety, structural soundness, construction or habitability of any improvements on or under the Property; 2 The fitness of any improvements for any particular purpose: 3 The compliance of the Property or any improvements with any building, health, zoning, land use, subdivision, setback or other applicable law, ordinance, rule or regulation; 4 The compliance o(any easement, right of way or driveway with any building, health, zoning, land use, subdivision, setback or other applicable law, ordinance, rule or regulation; 5 The compaction, stability, composition, erosion or other condition of the soil for building or any other purpose; C The existence of any improvements nn or under the land which go over the boundary lines oCany adjoining lands; 7 The existence of any improvements on or under any adjoining lands which go over the boundary lines of the land; 8 Any matter concerning the electrical, water, gas, plumbing, sewer, or any other utility system (iCany); 9 Any matter concerning any private drainage easement or drainage system (if any) on the land or on any adjoining or other lands over which any such drainage easement or drainage system may go; or 10 Any staking or survey done by any person. THE BUYER ACKNOWLEDGES AND ADMITS THAT EXCEPT AS PROVIDED IN PARAGRAPHS 1 AND 2 NEITHER THE SELLER NOR THE LISTING/SELLING BROKER HAVE MADE ANY STATEMENTS OR PROMISES ABOUT THE CONDITION OF THE PROPERTY OR ANY IMPROVEMENTS ON OR UNDER THE PROPERTY. 3) The Property is being Sold "AS IS" With knowledge of the conditions disclosed in Paragraph 1, and the extensive disclaimers of Paragraph 2, the Buyer is aware, understands and agrees that all land, improvements (including but not limited to the roof, walls, foundations, soils, appliances, plumbing and electrical systems, etc.) and 1 understands and agrees that all land, improvements (including but not limited to the roof, walls, foundations, soils, appliances, plumbing and electrical systems, etc.) and real and personal property will be sold "AS IS" WITHOUT WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO CONDITION, FITNESS FOR INTENDED USE, FITNESS FOR ANY PURPOSE WHATSOEVER, MERCHANTABILITY, HABITABILITY, OR COMPLIANCE WITH ANY ZONING, HEALTH RULES OR REGULATIONS. The Buyer hereby agreeing, acknowledging and affirming to the Seller that the Buyer has had full opportunity to inspect and accepts all land, improvements, (as described above) and real and personal property "AS IS" including but not limited to, the conditions disclosed above. Standard Term F is hereby deleted. Neither the Seller nor the Listing/Selling Broker will be required to make any repairs to or pay any expenses concerning the condition of the Property. An appropriate "AS IS" clause will be included in the conveyance document to the Buyer. The Buyer further agrees to indemnify, defend, release and hold harmless the Seller and the Listing/Broker from and against any and all claims arising from or connected with the condition of the Property, whether proven by judgement or not, and whether asserted by the Buyer or any third-party. Without limiting the foregoing, if the Buyer sues someone with respect to the Property and that person sues the Seller or the Listing/Selling Broker, the Buyer agrees to indemnify, defend, hold harmless and release the Seller and the Listing/Selling Broker from that claim too. 4) Understanding of "AS IS" Language. The Buyer is aware that by agreeing to and signing this Addendum the Seller and the Listing/Selling Broker will not be responsible or liable to the Buyer for any construction or other defects or problems, including any latent or hidden defects in the Property or anything installed or contained therein. The Buyer will not have the right to file any lawsuit for damages, recision or other claims against the Seller or the Listing/Selling Broker for any defects or problems described herein, currently existing or later discovered by the Buyer. The Buyer must make his own due diligence studies concerning the Property and is encouraged to have experts inspect it at the Buyer's expense. The Buyer is also encouraged to discuss this transaction with his attorney before signing the addendum. 5) Reason for "AS IS" Clause. Lawsuits are all to common today. The Seller cannot afford to be sued by the Buyer with respect to the Property. The Seller will not sell the Property unless he is assured that the Buyer will not sue the Seller or the Listing/Selling Broker with respect to the condition of the Property. IF THE BUYER DOES NOT AGREE TO ALL OR ANY PART OF THIS ADDENDUM, HE SHOULD NOT BUY THE PROPERTY. The undersigned acknowledge receipt of a completed copy of this Addendum. Dated: Hilo, Hawaii, , 199 COUNTY OF HAWAII ey Its Mayor Dated: ,Hawaii, 199_. Its ccr:II/92 BY. BUYER SELLER By SELLER SELLER 2 . -, _ STANDARD OCEANFRONT PROPERTY ADDENDUM I Inw'aii~ A.~rx.almn 1 n¢nrmrts' Reviewedby:_ Charles Clarke Realtor _ `Y_ - - (P,IrcpaI P~EMer or P,oMeranLlur xel _j RE AL70 RA° This STANDARD OCEANFRONT PROPERTY ADDENDUM is made a part of the DROA dated September 12, 1992_ by and between i and Ihe Seller named in the DROA for the sale of the property located at Tax Map Key No. 3 / 1-4-002-fi 1 (Ihe "Property"). BUVER AND SELLER AGREE THAT THE DROA IS AMENDED AS FOLLOWS: A. The Buyer is aware of and agrees to the following: A-1 The Property fronts the ocean and is in a Special Management Area. A~2 The Property is designated __.- ____ _____ __ and/or zoned AlA ___ A-3 The location of the shoreline boundary of the Property (including both Land Coud and Regular System properties) may be subject to change because of the action of the waves in adding to or taking away land along the shoreline and is subject to redetermination according to the laws of the State of Hawaii. For example, the shoreline boundary may advance inland, due to erosion, and the square footage of the Property may decrease accordingly. A-4 The conveyance document for the Property will contain the following or similar encumbrance: "SUBJECT, HOWEVER, to Ihe following: Location of the seaward boundary in accordance with the laws of the State of Hawaii and shoreline setback line in accordance with the County regulation and/or ordinance and the effect, if any, upon the area of the land described herein." A-5 The Property is subject to shoreline setback and flood control requirements and the provisions of the Flood Zone ordinance and Shoreline Management AcI. The Buyer is advised to contact the appropriate government agencies to determine specific requirements for this property. B. The Buyer acknowledges that neither the Seller nor the REALTORS"'involved in this transaction, have made any representations or warranties concerning the actual or precise square footage of the propedy. The Buyer agrees to make no claim against the Seller or the REALTORS"' involved in this transaction regarding any matters which concern the shoreline boundary of the Property or the square footage of the property. G Neitherthe Seller northe REALTORS'"'involved in this transaction make any representations or warranties concerning any actions the Buyer may take with respect to erosion control. In particular, no representations are made about seawalls, retaining walls, or revegetation. The Buyer is advised Io seek professional advice Irom his own contractors, engineers, attorneys, or appropriate government agencies, etc. concerning these matters, and to determine the effect of the proximity of the shoreline to the improvements. D. Oceanfront property may be subject to high wave and Tsunami damage. II the property is located in a flood and Tsunami zone, this may result in certain building, engineering and elevation requirements, and insurance limits. The Buyer should consult with the appropriate County Public Works Department to determine the current elevation requirements. If there is a structure on the property, the County Public Works Department may require surveying to determine if the structure conforms to current requirements. E. A lender for the property may require Flood Insurance as a condition of the mortgage. The Property's Flood Zone Designation is _S{C__________._____ _... ,_ _ . (If not completed, the Buyer should contact his insurance company and/or the appropriate County Public Works Department ) F. Permits for Seawalls. Seller agrees to provide Buyer with all known information on seawalls or other such artificial structures. Seller represents that there :. i are k! are not permits for existing seawalls or other such artificial structures. G. Only a Slate Certified Shoreline Survey can determine the Property's current exact square footage. In order to obtain a building permit, a current State Cediried Shoreline Survey is required; it is only valid for a limited period of time from the date of certification. The Buyer has not relied upon any information given Io him by the REALTOR"'regarding the choice of options G-1 through G-6 below (check all That apply): i ~ G-1 Only standard staking as defined in Standard Term C on the reverse side of the DROA. I ~~aG-2 Staking as defined in Section C or the Standard DROA Addendum. I A ~ a G-3 A State Certified Shoreline Survey. If this affects the closing date, see Paragraph H. Special Terms below. A certified shoreline survey may take an extended period of time. ! I G-4 The Buyer accepts the Propedy "AS IS" with respect to above. I qua GS The obligation of the Buyer to purchase the Property is conditioned upon the Buyer's approval of _ _ above within ( )calendardays from his receiptol the accompanying report.lf the Buyerdisapproves olihe report, Buyer may terminate Ihis DROA pursuant to Standard Terms of the Standard DROA Addendum titled "Contingencies" and "Termination Provisions'. H. ADDITIONAL SPECIAL TERMS. (Please number H-1, H-2, etc.) The undersigned acknowledge that they have read, understand and agree to the terms and conditions of this STANDARD OCEANFRONT PROPERTY ADDENDUM, and have not relied upon any advice from the REALTORS"' involved in this transaction and further acknowledge receipt of a completed copy hereof. Buyers are advised to seek legal counsel regarding Ihe complex naWre of oceanfront propedy, particularly with regard to construction thereon. BUYER SELLER BUVER SELLER _ _ ____ AM/PM __. -_ -_-- _. _ -.-______ /P DATE TIME DATE TIME FEMA COMPLIANCE ADDENDUM Reviewed by: ~Ycarles (.Parke Realfor 1z This ADDENDUM is made a part of DROA Reference Dated ,199_ by and between the County of Hawaii ("Buyer") and the Seller named in the DROA for the sale of the property located at Tax Map Key No. 3/1-4-002-61 (the "Property"). 1) The Buyer and Seller agree that a condition of the purchase of the Property by the Buyer is that the results of an Environmental Assessment of the subject property satisfy the statutory requirements of the County Planning Department and FEMA. In the event the Environmental Assessment identifies problem(s) that would not meet the above requirements, the Buyer and Seller by agreement in writing may agree to extend the closing so that the problem(s) may be further addressed. Or, the Buyer or Seller, at their individual option may declare this offer shall be null and void and the Buyer's deposits shall be immediately returned, less the amount of any escrow expenses or fees chargeable to the Buyer. 2) The Buyer and Seller agree that the County is depending on the release of FEMA funds to purchase this property. The Seller agrees to not unreasonably deny any extension of the closing date to accommodate the receipt of FEMA funds by the County of Hawaii. The undersigned acknowledge receipt of a completed copy of this Addendum. Dated: Dated: Hilo, Hawaii, Hilo, Hawaii, 199 COUNTY OF HAWAII By Its Mayor BUYER 199 SELLER BY. BY. SELLER SELLER ccr:9/92 COUNTY BOND AUTHORIZATION ADDENDUM Reviewed by: ~'karles Clarke Realtor it This ADDENDUM is made a part of the DROA reference dated 1992, by and between the County of Hawaii, Buyer, and the Seller named in the DROA for the sale of the property being Tax Map Key No.3/1-4-002-61. The Seller is aware and the Seller agrees that the County is a municipal Corporation organized under the State of Hawaii. That in order for the County to purchase said property, the County will need to generate funds through a bond authorization. The Seller is aware of 1~-a this fact and this offer is made contingent on the County receiving bond authorization from the Hawaii County Council within forty-five days of acceptance of this offer by the Seller.. If a bond authorization is not received from the County Council as required above, the Buyer may at its option, declare this offer null and void and the Buyer's deposit shall be immediately returned, less the amount of escrow expenses or fees chargeable to they Buyer. Thereafter, neither the Buyer nor the Seller, nor any broker shall have any further rights, obligations or liabilities under this DROA. The Buyer promises and agrees to keep the Seller fully informed about the status of the bond authorization. The Buyer further promises to use its best efforts to comply with this special term. The undersigned acknowledge receipt of a completed copy of this Addendum. Dated: Hilo, Hawaii, , 199_ COUNTY OF IiAWAII By Its Mayor BUYER Dated: Hilo, Hawaii, , 199_ Its SELLER SELLER BY. SELLER ccr:9/9 Form N-289 STAT' 7F HAWAII -DEPARTMENT OF TAXAT ~ qa (1991) e CERTIFICATION FOR EXEMPTION FROM THE WITHHOLDING OF TAX ON THE DISPOSITION OF HAWAII REAL PROPERTY Section 235-68, Newell Revised Statutes (IIRS), provides that a Ireneleree (buyer) of Itawell reel property must withhold tax II the Irensleror (sailer) Is a nonresident person. To Inlorrn Ilre Ireneleree (buyer) Ilral wllhholdlnp of laz Is not required upon the disposition of Newell real property by _____ (name of Irensleror/seller), the underslpned hereby caAllles the lollowing: Trenaleror/seller's Idenllllcetlon number (SSN or FEIN) Tranaleror/seller's address (home address for Individuate, ollice eddreae Ior corporellons, partnerships, Iruets, or estates) The withholding of lax Is not required upon the disposition of l lawail real property bacauso (check whichevor box Is applicable): C7 The Irensleror Is a resident person, resident corporation, resident partnership, resident Imsl. or resident allele (as Ihose leans ere dolined In section 23568, HRS). Thal by reason of a nonrecognition provision of the Internal Revenuo Codo as operative unrlor chapter 235, HRS, or the provisions of any United Slates Iroaly, the Iransloror is not requirod to recognize any gain or loss with respect to Ibe Iransler. (Complete A end 6 below.) A. Brill description of Iha Iransler. A cash sale of real property described as TMK 3/1-4-002-61 described as vacant land in Laepaoo, Pohoiki, Puna, County of Hawaii, Hawaii to the County of Hawaii B. Brill summary of the law and lacls supporting the claim Ihal recognition of gain or loss is not required with respect to the Iransler. -____ _ (nano of Irensleror/sailor) undorslands Ihal This carltllcalion may be disclosod to the Slate of Hawaii, Doparlmenl of Taxation by the Ireneleree and Thal any lasso slalumonl contained herein could be punished by line, irnpdsonmenl, or both. I declare, undor the penallles 6e1 1or111 In socllon 23I.3A, IIRS, that Ihls cerllllcallon has been oxandned by me, and Io the best of my knowlodge end ballot, II Is Iruo, correct, and cmnl>fele. In Iho case of corporellons, parlnorships, Irusls, or alleles, I lurlher doclare Thal I havo aulbarily to sign Ihis documonl on boholl ul __ ___ _. _ _ prvno of Irensleror/seller). Signed: Prlnl Namo: Tlils: Date: SEE BACK FOR FIRPTA COPY Forrn N-289 \~J FIRPTA NON-FOREIGN SELLER CERTIFICATION INDIVIDUAL TRANSFEROR/SELLER Seclion 1 A4(i of Iho Inlemal Rrvmnro Code providns that a Iranslorec (buyer) of a U.S. real properly Interesl must wllhhold lax II the Iransleror (seller) is n lorclgn person. To Inlonn the transferee (buyer) That withholding of lax Is not required upon my dlsposilion of a U.S. real proper ly inleresl, 1,____-__ Imm~o of Iransleror/seller), hereby certify the lollowhrg: 1. I am not a nonresldenl alien Ior purposes of U.S. income taxation; 2. My U.S. taxpayer Idenlilyiny number (Social Security number) is ._ __._ ;and 3. My home address Is _____ I understand That Ihis cerlificalion may be disclosed to Iho Infernal Revenue Service by the transferee and that any false slalemenl I have made here could be punished by Ilne; Inrynlsonmerrl, or both. Under penalties of perjury, I declare Ihal I have examined Ihis cerlillcatlon; and to the best of my knowledge end belief, it is Inre, correct and cornplele. Signed: Print Name: baled: (individuals) FIRPTA NON-FOREIGN SELLER CERTIFICATION ENTITY TRANSFEROR/SELLER Seclion 14A5 0l Ilre Internal Revenue Coda provides That a Iransleree (buyer) of a U.S. real properly Interest must wllhhold tax II the Iransleror (seller) is a lorclgn person. To Inlonn the Iransleree (buyer) That withholding of lax Is not required upon my disposlllon of a U.S. real properly Interesl, by _ ___Iname of transferor/seller-, the undersigned hereby cer1111es the following on behalf of -- -_-- --____ (Warne of Iransleror/seller). I ----- -___ Iname of Iransleror/seller] is not a foreign corporation, foreign partnership, tor- niyn Irusl, or lorclgn eslale las (hose Icnns are defined in the Internal Revenue Code and Income Tax Regula- lionsl; - ----------------_____-.__'s, Inamo of Iransleror/soller( U.S. ernpleyer Identilicetlon number Is - -- _--; and 3. --- _____'s, (name of Iransleror/seller) olllce address is _ lernal Revenue Service by the Iransleree arnd 16a11 anyrlalse slalemenl cointaineid herein could beipulnished by fine, imprisonment, or both. Under penalties of perjury, I declare Ihal I have examined this cerflftcallon; and to the bell of my knowledge and belief, it is Irua, correct and complete. i further declare Ihel I have aulhorlly to sign Ihis document on behalf of --- ----------.---Inamoollransleror/seller]. Signed: Print Name: l Ille: Onlod: (Corporations, Parlnershlps, Trusts, and Estates) --' -- --._ __, -.._... ,.e..w„w„w,,,~o„yue~.,,w,,..e„,w,wee,y„~,,...,~.. ,,..,.~~~.. ,~.,.~..,,. (The Standf.d Terms on the Reverse Sida era part of the DROA) RE ALiOR LANGUAGE ADDS D M RB.fBwecby__Charles_Clarke _ __ ReterenceDele ~p~y~,,~~~_)_~1_~q`~ IPrlnc net B~oRP1, BroMer In CM1eraw /wlM1O~linA B vet Y DEPOSIT RECEIPT Retaived Isom /!' ~ ~ COURCy Of Hawaii herein celled Buyer the sum of y CO, ~G~ U' in the form cl .Check to e9CrOW as en initial deposil on account of Ihis oiler. Receipt Is acknowledged by (REALTOR)(f~AI4~l~ REAL70R'S Ilrm qnd address Charles Clarke Realtor Box 2245 Kawaihae Rd. Kamuela, HI PNONES(Bua) 885-8533 (NOme)885-8060 (FAx)885-8045_ OFFER 1. PURCNASEPRICE: Oils million six hundred thousand and no/100 dollars ($1,600,000.00) _ 2. PROPERTY DESCRIPTION: TaR Map Key Division 3 /Zone 1 /Sec 4 /Plat 002 /Parcel 5 b 6 /CPR (a) Realty: All of Thal QPATQ~y;Daa simple) properly situated atLaepaoo, Yohoiki _ County of Hawaii _ _ _ _. Nawau, described as tmlowa: two parcels totalling approximately 3..17 acres including an _approximately_..5 acre brackish pond spring fed_by volcanically heated__fresh water. A three bedroom cottage to be sold "as is" is included. _ _ (b) Seller'• Reel Property Disclosure Statement doled _ MaICh 27 , 1992 _ (has) (~~~) been received by Buyer. II not, address In paragraph 9, Spacial Terms. (b~Q Reeltlenllel Ueeeholtl Property Addendum IIS) Qs noR made a part of Ihis DROA. (c) Sob Includes: All builDin lurnllure, attached IlRturee, bull)-in eppllpnces, water healer, eleclrlcal andMr gas end plumbing liRlurea, attached carpeting, eslsling drapes, end the Mllawing Items II checked: Chandelles ( ): Range ( ); Relrlgerelor ( ); Dleposel ( ); Dishwasher ( ); Campaclor ( j; Washer ( ); Dryer ( ); Ab Conditioner ( ); TV Antenna ( ); TV CBMB OuIIBI ( ); caning Fan ( ); Furnishings per attached Inventory( ); Pool Egulpmenl ( ); and Appliances or other equipmen that is par[ of the cottage are sold "as is", without .warranty to operating condition. SPecilically esdudad: (tl) Title: Seller agrees IB convey the properly with wenenlles vesting marketable Mlle In Buyer, Iree end clear of sll Ilene end encumbrances except _ no_excep_tions _ end any other covenenls, easements, reservations or restrictions now of record which do not materially ellecl the value of the properly. (e) Aseessmenle: _ f_ 3ily _ _ _ _ __ _ _ _ shall be (paid by Seller et closing) (~~~~). 3. FINANCING: Buyer agrees to pay said purchase price as lollows~ ADDITIONAL DEPOSIT: i.... _ __ _ _.. ___ _ In cash to be made on m belore _ _-____. S 1, 600, GOO.OO In cash et closing Including all deposits herein. e _.. by way of _.. _. _.. S .._ __ _ _-- 1 600 OOU.00 I , r.. Total Purchase Price (see paragraph 1 shave) 1. CLOSING: Closing w01 be on or belore.. _ 1992. Escrowed b 1 9 5. OCCUPANCY: Seller agrees to give Buyer occupancy el closingl6xdFx... _ _. 1 _.. __. _. _ . 19'_. ___.. B. PROBATIONS: Properly tares, lease renter Interest on assumed obligations, rnarlgage Insurance premiums, other Insurance premiums, malnlenence 1eee, tenants' rents, II applicable, end any Other eXp enaea shall be prorated es of the tlale of cloeing dN$d[X 19 _ _ Tananld security deposil, II any, shell be charged to Seller end credited to Buyer al cloeing. 7. TENANCY: Title shall vest in Buyer(s) es lollows:__ _COUNTY_ QF_. HAWAll.. ___ _. __ _ _, print lull lea 1 emelej enEmeritel llelVa ono Inlllele) _ _ _- _ _ _ tenancy: SeYeralty-___ - - -- u u n .__-- ___ -__.__.-.ii--_- S. SPECIAL TERMS: (Please number) 1)_ A WATER QUALLTY ADDENDUM; 2)_ an AS •IS ADDENDUM; _ 3) an ADJOININ - -- ----- PROPERTY ADDENDUM;" 4) an "OCEANFRONT PROPERTY ADDENDUM;" 5) and "HARPTA & FIRYTA AFFIDAVI are attached to and_are a part_of this DROA. Also attached are 6) a FEMA COMPLIANCE ADDENDU ---- - 7)__A_000NTY BOND AUTHORIZATION ADDENDUM. 9. AGENCY DISCLOSURE: Tha euyer Ia represented by its counsel ~f,1S~lird§~I~ The sakes le represented by_Cha rte S. _CIa L1C2 Realtor ___ MiFPb}IlFex36'Ib~6~b7b. oral or written disclosure wee provided belore the elgning of Ihla oiler. 70. AGREEMENT TO BUY: Buyer agrees to buy the properly on the terms end conditions contained herein Including The Slenderd Tarma On The Rewrse Slde, acknowledges receipt of a copy heraol, and agrees Ihal Ihis oiler shall be binding it accepted by Seller belore ___ 19..92 _ AM/PM. Oiler Deta. ____. _... _. 19 _._. AMlPM. Buyerseddress: 25_Aupuni Street, klilo HI 96720 `~Buer -- - - -. y -__ _.. ____._. xg~ for_t_he County of°"~1"'d'~ail - Phnnaa: (BUa.) . 961-8234 (pk~) fax .961-8248 saver SSN eleneture ACCEPTANCE , II. AGREEMENT TO SELL: Seller agrees to sell the properly et the price end terms Dilated above, Including The Slenderd Terms On The Reverse Slde, and acknowledges that he has been plven a ropy of Ihis oliar. 12. SELLER'S AGREEMENT TO PAY COMMISSION: I agree to pay to Charles Clarke _ _ e commission for the above sale ol_ .. __.__- - _ ...___ _. _ _ _ _. in US dollars. I hereby Iretrucl escrow to DeY Your commission directly to you et cloeing. I agree Ihel 1 cannot change Ihase Inslrucllons wehoul your written consent Unless otherwise agreed upon, I give you permission to share This commission es you see III with the reel estate company named here In Iha, DEPOSIT RECEIPT section of Ihis agreement. In the event of Buyer's tlelaull. it 1 rolaln the deposit(s), I agree to pay you one hell of the amount 1 retain, nut you shell not be paid more then whBl would have been your lull commleelon. Date ~ ~~ _ __.. ~ 19.9Z- /~~S_ AM/PM. Seller's Neme AU CO imports o€ Hawaii, Inc. ,. w nl fun leadqq~7tpP~n ~~ ~ ~! ~) Seller's Tas Idenlilicatlon M to be reported la IRS 7Y-0187074 Signelure J Seller's Neme _ - - iiilnl kin IeipNl nom: - C- Seller's Tas Identlllcmlon N to be reported to IRS _. _. _ _ _ Signature _ _ _ 81 11110 HI 96720 Foreign Person j ) Owner occupant j ) Other ( ) senora Address 1 Kanoelehua,_ ___ _ 8ener'e Address __.. _ Phones: (Bus.) 935-2920 (Nome _ 1 - __ ACKNOWLEDGEMENT OF ACCEPTANCE: Tha undersigned ecNnowledges Ihel he has been given a copy of the acceptance of Ihle oiler DRIe_ __. __... 19 _. AM/PM. Signelure _. albMerE farm CryryrlpMh. 19R). IlewnR A,«letlon or READOna - - _ ~~; '^/ STANDARD TERMS A. L'UNIRAC I: Ihrs iv rnern Ilwn a u•rnipl lot nnuu•y II Is n InynlPV Innd'uul rnnb nra Ilred II rdl glully R. EVIDENCE [If 711LE Shclel shall Iw nisb 14ry~•I avnleu~n of Snlld/e In:u hatable lillu lu Ihd uden^',I whuh I': In hn rnnvrlmJ lu Ihlynl II I:glh•I mils In dpbvm fblr a•, hnnnn prnvulm 1. Ito vrl Iws Ihn upliuu In tun uinnlo lhlq :ulln ancul ;uul h.nvn nny nl B~IV`u's rlnpuvR ueh lnu•rl lu 11u1'In I lu• Inu.gnu ul shall nnl nvrll uln rely nlhgl u.lnellire nmilehln to I hlyrv (luyw well mn•IVr nn Ownm'q gondaul rmwngrr pu6cy ul llllo illsulhlu'q a1 I Invinq lot Srllnl ~hnll pny Ii0^L ul Illn plnmiuln lu he dull grid Iw ;nl (llyum?: cl:uu Llul rnvnlagr pnnl'y of htln illsuruuv+ In hq leeugd kl Ihn Boyd ul Ihrr nnuvrnl al Idr solos plirn, and, Ihl ^nym •.I L-III pay 4n"b nl tinrll prrwllrnl unrl any nd~llbnn;tl r nsP: InL dlny lu Ihn Is,unm r ul lug nrlrndrd covmaPe P^IiCy. indudinq n I endnr's puliry C. STAKING: tirrllgl sh:dl mdnl :nnl p.ry Inr Ills ~ nG nl Ihn •,Inkn nl by n In nnsnd sluvnyn rl wrFr^, mn nut wxlbin Ihn huym Inny Il.rvn a Ii. m1o.J .'urvuyul vmilV Ilm b. ~ Amoy of tlnl lur.rhou of Slakns p(vn In rlusing :unl Ihn Srllnl nyrrgs lu I mdawo Ibe Buym lur the rm.l ul ILIs slnH ulJ gn rn brnn~n Olusinrl ullly II Illo nriylllnl sb+krs pn r In Inr ineb. I ll alr 7 hw PrnVl SlOn JOBS 1101 :Illlrly In a r:rrnr/Ullllllllllll n( Ltlnlll'fnliVq nIIAllnlglll (NI110: SIH1111(1 IV 11111 fl SIrIV/ly fllrll JUdti Ilnl (:nlllll111 lhn IICr:llnll;y VI Intl InIIJ alga JBGr'IIIIIiU1101 IIIIt flh5tlnfn 111 r1nCIrIP1'Ilnlg1115 I D. CUS1'OMARV CLOSING COSTS (f-vcupt Whew Nul Appli!:nLlq(. Ihr+r wn I uslnlunly 1 ulae nod run nut inlnnJnrl lu Ln nu ull uirlusivn Ira. F.epnnM1eM1 In he pnlA try fluyM1r Conlilwallon ul l Ills Evitlnncn Mlle Inswnnaa (AS primed m `.i1nnJ;uJ limn B.. abovd) Uralllnq nl Agreemnnl nl 9ald Urallnn) nl Malyaye and Nolq Urslting of Buyer's Consents Hnynr's Culrsunl Pdo Po rynr's NWmy Ern All IYarrn Alnq 1ia•v ux '.'1.1 Ihv:uuua~K In IJnm Snllnr's (Ills . Inrurw I ne Cuudo Uwlea ship li,n cdm I nu EIIA Itlscnunls WIIPII Appllcnblr Idudgnyr Asuullplinll 1 nn F XIlY1191rM1 In IIN pnld by Snller FvlJgncn .`;huwlnq MxrNUlnble line Tills Insulaned (N plinleJ in SlanJanl loon B., udwu( IJrdliny ul Uuud rn Assiynmm~l of Lnnse Dlnlliny OI Bill ul Sals Dralling of Sonar's Cunsonfs Solldr's Cunsonl 1 dd Sgllel's Nulnly I ar. Culrvnyuurn In. `h E snow I uo Glnhilly VA ur I IlA Nlsr:nwn full llS When Appbcnbin fm lniln brspucliun lwnnBn li dnhnenl II Bnquirgrl ae per 9lnngerd lsnn R E. TERMITE INSPECTION: Senor shall Aalivel lu Buyer Ihn nlyh dsauw a lepull hum n IicdnsdA pma cunhnl tympany slaliny Ihn) Iheu+ is nu live vivWo lannile inlnslalinn in the ingnovsmenls ddscrideJ hgmin. Salter shall pqy for Ignnllq gslel minnlinn hoNmgnl II Il is urquirnd F. SELLER'S LIMITED WARRANTV~ Srllgr wan nuts and Iluym well m knnwbnl]o In wlilinq Ihdl qll nrgm appli,u lrr•:, plot nlnuq nnrl rlnrlrirnl xuJlnr ga< hrllum, nrcluJeJ ul the ,ado will ho in wnl lung uulm rnnsnlrlll w'llh Ihgn nyn n^, of Ibn data of ranvug m ntr.upa nny, it ending Pln nl tlinulnq +wv mnly is rxpu. „od w Imphnd G. RISK OF LOSS: f1isF ul loss posse. to ^uyrl upon Il:ulslnl ul lilln w uccupallly whlrhomn urruls lie,) N. DEFAl1LT: II le nvplnray mnlmsluod nuJ ngmwl f iwl' In Iho uvold Bllygl tails to pay Ibu bnhultn nl lbp pulrhaso pdec ur eau gdrln Illr pw ehnsr• ns hnurLl pu rviWul, Sollvr miry gal hdllg all nl'InI1 Im AnrllHllnV Inl IIIrNI:h rd Cnnllnrh 111) 1111:1111 lq 111111:11 rll'pllSil 111111 all I1r11111p11:11 (InpONn!I Irlr rVrdlrl IOr IrrI Lill, I1'. i1,IIdJaled 1111111i11InS; OIIJ II') Bnyrf! rd111n IrB ICSp111151111q gal Inly nn'.I v onurJ in nr r nJ:n lrr willr Illis rnnb nrl Fnrond In Ilm n nrn Snllor Imb: lu Pollanu his ubli0nlinns ns hmoin purviJrJ, Bnym lud bnirgl In drlmrll. Ifirynl nlay (a) bring n nr bon ngnlllsl Snllnr lug ILru loges Ln dlnnrh ul raulmrl (b) hlr oral ur0inlnm nu nrliuu :uy(n lsl Snlbl Ln •:prrllin pndunlnulrrr nl IhP: rnnb nett and D') Saltrn shall bn resprnrslhln gal nny um.l inrlurrJ in nn nnllulnr` with Ilus 1'unb n~ I Ihr luuryniny shall nnl rreduda nny ulhnl mnmAim: nvuilablo In eilhm Sulbl m Buynr. In Ihn avant of dnluull AndA1r q Inwsuil nrisinrl aul nl Ihis ronbnr'1 (inglndinq n cull by 0 Rf AI.7DI1 lur rnnunis".inn), Ihn pu•vmliny party shall bn nnldlud In mruvm all rusts ills In nJ Inrlnrling mesurudrlq allomsY's Igns. All nvponsge incnusd by dsnow shall bs dOJlll InA Lum rbgnrsilnll I~uuk porn In nny rlishul~mnnnl In Ilu~ pmvniliuy pally 1. CLOSING: 4br the pw pusd ul Ih1s cunlranl "ulosing° shah b,r Ihr, darn upull wlur.h all IgryluplilJU ducwnrnls am locnldod- Iluygl and Sullw uyunr lu mocws upplopliale w ausluulury dnrvmm~l5 vJlrn rrqu0~;lyd In do ar .I. CONSEM~: Thn nbllgxllnns nl Ruynl n irllnr bnmluulnr nu. r~ ndillnrv sl upn uLl:unlny Ihnsn unr.n. smy rnnsnnK ul vrl ulnw r rruuul rnnrtguym s, In^.srns :uulh ll rull~Lnnildunl, r r I•p nr olhm surll associnllons. Buyer rn Snllnl ngrne to cnnpsmin Hurl lake all rensonnblu nr bon In nhlnln sur lr nnnsellP:~ K. 71MF IS OF 711E GSSENCF: II nilhrl Ruygl nl Sellnr Inr n axons day.nul In•. r rnulul I aun~d pal Lnnl brv nhbq:rhnu to pr II'h: r:u ur ~nll Ibn Inopndy by Ihn alnsn nl dnld, Ibnll sunll pally by ylving rsouw vn illdn nnlirn pdul In Im eluting ilnln . alyd Inr nr Illi': rnrllr Orr with nrlnrs l'r all p011ire lip Ilu-, rnnbal I, r.m Prlrnd cmnnq Irn nn Innynl Iunl 'ill r:drnd:v day to :dlnw pn lrn ulnuCo , ,.,. .. i I .. ,- Ihrnr•allm lhunlsnl lhrl.nnr.I nllhndnlnnll pl..~.I,..r.nl SVlnrLUd loon ll:ggnV ~Iq-Lupnlr•.Inuaunlnn':I than bn nqu sl lnlnvnilhrl blot ,aun^' nl .n ' I I Y II Iln r:mbrnlnllr nglrl In oilrvul lua I,I~yra,•n n•L P^; only to the ...Inu Nnll ul Ihr. r Ir•+uy i1:11r. L ORLIGAIIOIdS: ' f1f AL11 IN gllall n~•I Lr. I'.~.LI linl.L• In clllun Ilnyr•I ,.~ !0 •II•a 1.u Ilia Lnluv~ ul rnhrn b, pellnnn Il o•Ir nhlilpnlinc: put w:n ll lu nos conlnrcl. M. CONFLICT: I Inndvnlllnn rn lypnd pr. visinl r; bru'•ill J 1011 ~n q.m.:rr L.:Irry pllnbrd piovi;iulr: ul Ilu-. ~ nuluu I II Ilirly Ip ,r rnulllol N. PERMISSION: REAl10R has Ruynrb and `inllnl s Peuuls Null to supply dab In Ihq Mulbplc I Icbup Grlvn ~• u.pln fnW Ilu+°dllr: pin r;nnl I~~uu-..d Jln b:wr::r n~•n Ln a".r by Itl AI 11 I[IS m nl.lknly n lebdl slodiss_ ploviJinq sal vl,s lu Ilu• pllhbr nnJ nJvi:ing Ibnil rIu,IJS O. COMPLETE AGFlISEMEN I: This rnnb:ul I,pII!Alhrln•, pin ~.ulw• uglpru Han 1~~4.vmni Ilnpn ;uul E,.II~•i alnl .. nl.. •ra •dr~. uud ~:rur~q~: al,y and all lrn,., urgulC lliul n., rrl nr..,,,ldaln env, v:.uLnlbr•. uu Jrl'.IanJiugv rn agrn nynl°, Ihrnb v,rilbnl n~vl •~Inll nl Ilp;r. ,nnl'., •Ilor ILr ..u lnlu n •.r ,alto ~ndn all nl Ilu~. r uullm 1'.Il~ll Ln vnsJ ... r ulun rnbin wlllunll wullm y•pr vat Ly Ihyvr .old 5011 rl Fellrr's InillnlS 1'luynl's Inihab; IMPUfi1AN 1: IV I'A41 ::I I'A 11411' UIIIIA Crll'IR'. pFI tINL PXI'('lllnlll Cr 1(IPEf1AlINf; IIENlfll l'S .4 PATINE MBIIT MINI ou sp:Nnl ulu_s veu I I;rmr Iluuru~ in w oaten aue COOPERATING REAI TOR'S SEPARATE AGREEMENT Srll••I'•: fll Al If rn :up r•••a 1,~ pny In Cnnpnr.l(i0q Iq'nl IJn Ihnnnlh r.. row ul , In•.Inq Ibn I•dlr nvn~V nlnnanr. u nnsJ~rarian nl n•+.Klnnrr glvml by r Yrnpm nllnq TIP Al1pB In Ihn uvnm Sr~llar mum r: [fuygr _: rlnpma uurngy m: bgoulnred Jnnmynv nnJ F;nllm'r. IiE01.I Clll rdlame a purllnn nl Ihd Jdpnsll es elated in panngmpll V. Fnllnr's NF 41H>n well sllnlo '9 0l his reVNlnd Ipnds wdh Cnopdmlmg NEALIUII. Dmn 19 14nn Ig tinllm's I1EA h111 Cdnprv dlinry Bl=nl Ir)n Innrnn ul 111 nl IUII luinl Ileuu.. „1 III TI II)ll Luul By Ily nridlns~, nrllllree. unirq ul oumn w Phunr Ilpls 1 (Fox) Numbw Pbnlu• (I)lls ( 11 nq Flumbm sl.nu.re r„~~ r,.~.u.,m. Iwv n~.,~~ n..r,.l.x~,~ m nrn) wur ADJOINING PROPERTY ADDENDUM Reviewed by: Charles C[arke Realtor® This ADDENDUM is made part of the DROA Reference Dated ~_ ~ i I , 19 17by and between the COUNTY OF HAWAII (Buyer") and the Seller named in the DROA for the sale of the property located at Tax Map Key Nos. 3/1-4-002-5&6 (the "Property"). The Seller is aware that the Buyer has also made an offer of identical duration as included in this offer for the adjoining property located at Laepaoo, Pohoiki, Tax Map Key No. 3/1-4-002-61 (the "Adjoining Property"). This offer is contingent on: (1) the acceptance of the Buyer's offer on Adjoining Property within 5 banking days from acceptance of this DROA; and (2) the closing of the escrow for the purchase of the adjoining Property simultaneously with the closing of this DROA (by no later than , 199_. If the acceptance of the offer for the Adjoining Property, and/or if the closing of the escrow for said property does not occur as required above the Buyer may, at his option, declare this offer shall be null and void and the Buyer's deposit(s) shall be immediately returned, less the amount of any escrow expenses or fees chargeable to the Buyer. Thereafter neither the Buyer, the Seller nor any brokers shall have any further rights, obligations or liabilities under this DROA. The Buyer promises and agrees to keep the Seller fully informed about the status of his efforts to purchase the Adjoining Property .(and authorizes the Seller and his representatives to contact the escrow company for that transaction to monitor its progress). The Buyer further promises to use his best efforts to comply with this Special Term. The undersigned acknowledge receipt of a completed copy of this Addendum. Dated: Hilo, Hawaii, , 199 COUNTY OF HAWAII By Its Mayor BUYER Dated: Hilo, Hawaii, '9- // , 199?- AUTO IMPORTS OF HAWAII, INC. By ~~i~•~ Its ~/l~il. SELLER ccr 8/92 "AS IS" ADDENDUM Reviewed by: Ckarles Clarke Realtor® This STANDARD "AS IS" ADDENDUM is made part of the DROA Reference Dated August _, 1992 by and between the COUNTY OF HAWAII ("Buyer") and the Seller named in the DROA for the sale of the property located at Tax Map Key No. 3/1-4-002-5&6 (the "Property"). The Buyer and Seller agree as follows: THE BUYER SHOULD NOT SIGN THIS ADDENDUM UNLESS HE HAS FIRST READ AND UNDERSTOOD IT. IF THE BUYER HAS ANY QUESTIONS HE SHOULD FIRST CONSULT HIS ATTORNEY. 1) Property Condition. The Buyer is aware and understands that this is not the sale of a new house: the house and improvements being sold were constructed over twenty-five years ago. With houses of this age, weathering, rust, oxidation, termite damage, erosion, dry rot, water infiltration, obsolescence, deteriorations, cracks and other problems must be expected. The Seller wants to make sure that the Buyer is aware of the Property condition. The Buyer is aware of the following defects or problems, described in the attached Seller's Real Property Disclosure Statement dated March 30, 1992, or if one has not yet been provided, the Seller's Real Property Disclosure Statement which will be provided to the Buyer by the Seller. If the Buyer accepts the disclosure statement, all the conditions disclosed therein shall be included and covered herein. If the Buyer disapproved of the disclosure statement he should not purchase the Property. 2) A WATER QUALITY ADDENDUM may be a part of this DROA and its language will take precedence over language in this "AS IS" ADDENDUM if there is a conflict. 3) No Other Statements or Promises about the Condition of the Property. Neither the Seller nor Ckarles Clar(~y ~a[torOO make any other statements, representations or promises about the condition of the Property or any improvements on or under the property. Without limiting the generality of the foregoing, neither the Seller nor the Listing/Selling Broker makes any statements, representations or promises about: 1 The condition, state of repair, operating order, safety, structural soundness, construction or habitability of any improvements on or under the Property; 2 The fitness of any improvements for any particular purpose: 3 The compliance of the Property or any improvements with any building, health, zoning, land use, subdivision, setback or other applicable law, ordinance, rule or regulation; 4 The compliance of any easement, right of way or driveway with any building, health, zoning, land use, subdivision, setback or other applicable law, ordinance, rule or regulation; 5 The compaction, stability, composition, erosion or other condition of the soil for building or any other purpose; 6 The existence of any improvements on or under the land which go over the boundary lines of any adjoining lands; 7 The existence of any improvements on or under any adjoining lands which go over the boundary lines of the land; 8 Any matter concerning the electrical, water, gas, plumbing, sewer, or any other utility system (if any); 9 Any matter concerning any private drainage easement or drainage system (if any) on the land or on any adjoining or other lands over which any such drainage easement or drainage system may go; or 10 Any staking or survey done by any person. THE BUYER ACKNOWLEDGES AND ADMITS THAT EXCEPT AS PROVIDED IN PARAGRAPHS 1 AND 2 NEITHER THE SELLER NOR THE LISTING/SELLING BROKER 1 HAVE MADE ANY STATEMENTS OR PROMISES ABOUT THE CONDITION OF THE PROPERTY OR ANY IMPROVEMENTS ON OR UNDER THE PROPERTY. 3) The Property is being Sold "AS IS" With knowledge of the conditions disclosed in Paragraph 1, the water quality condition in Paragraph 2, and the extensive disclaimers of Paragraph 3, the Buyer is aware, understands and agrees that all land, improvements (including but not limited to the roof, walls, foundations, soils, appliances, plumbing and electrical systems, etc.) and real and personal property will be sold "AS IS" WITHOUT WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO CONDITION, FITNESS FOR INTENDED USE, FITNESS FOR ANY PURPOSE WHATSOEVER, MERCHANTABILITY, HABITABILITY, OR COMPLIANCE WITH ANY ZONING, HEALTH RULES OR REGULATIONS. The Buyer hereby agreeing, acknowledging and affirming to the Seller that the Buyer has had full opportunity to inspect and accepts all land, improvements, (as described above) and real and personal property "AS IS" including but not limited to, the conditions disclosed above. Standard Term F is hereby deleted. Neither the Seller nor the Listing/Selling Broker will be required to make any repairs to or pay any expenses concerning the condition of the Property. An appropriate "AS IS" clause will be included in the conveyance document to the Buyer. The Buyer further agrees to indemnify, defend, release and hold harmless the Seller and the Listing/Broker from and against any and all claims arising from or connected with the condition of the Property, whether proven by judgement or not, and whether asserted by the Buyer or any third-party. Without limiting the foregoing, if the Buyer sues someone with respect to the Property and that person sues the Seller or the Listing/Selling Broker, the Buyer agrees to indemnify, defend, hold harmless and release the Seller and the Listing/Selling Broker from that claim too. 4) Understanding of "AS IS" Language. The Buyer is aware that by agreeing to and signing this Addendum the Seller and the Listing/Selling Broker will not be responsible or liable to the Buyer for any construction or other defects or problems, including any latent or hidden defects in the Property or anything installed or contained therein. The Buyer will not have the right to file any lawsuit for damages, recision or other claims against the Seller or the Listing/Selling Broker for any defects or problems described herein, currently existing or later discovered by the Buyer. The Buyer must make his own due diligence studies concerning the Property and is encouraged to have experts inspect it at the Buyer's expense. The Buyer is also encouraged to discuss this transaction with his attorney before signing the addendum. 5) Reason for "AS IS" Clause. Lawsuits are all to common today. The Seller cannot afford to be sued by the Buyer with respect to the Property. The Seller will not sell the Property unless he is assured that the Buyer will not sue the Seller or the Listing/Selling Broker with respect to the condition of the Property. IF THE BUYER DOES NOT AGREE TO ALL OR ANY PART OF THIS ADDENDUM, HE SHOULD NOT BUY THE PROPERTY. The undersigned acknowledge receipt of a completed copy of this Addendum. Dated: Hilo, Hawaii, , 199_ COUNTY OF HAWAII By Its Mayor BUYER „~i/m Dated: ~L, Hawaii, 9- // , 199 ?- AUTO IMPORTS OF HAWAII, INC. Its ~o~ SELLER ccr 8/92 2 WATER QUALITY ADDENDUM Reviewed by: Ckarles Clarke IRealtor® This ADDENDUM is made part of the DROA Reference Dated~e Il, 199_~by and between the COUNTY OF HAWAII (Buyer") and the Seller named in the DROA for the sale of the property located at Tax Map Key Nos 3/1-4-002-5&6 (the "Property"). The Seller is aware and the Seller agrees that a condition of the purchase of the Property by the Buyer is that the waters of the swimming pond shall meet the following provisions established by the State of Hawaii Department of Health as stated in the Hawaii Administrative Rules Title 11, Chapter 54 section O8: 11-54-OS Specific criteria for recreational areas. (a) In inland recreational waters: "Fecal coliform content shall not exceed a geometric mean of two hundred per one hundred milliliters of water sampled in ten or more samples collected over a thirty day period, and shall not more than ten percent of the samples shall exceed four hundred per one hundred milliliters over the same period." Raw or inadequately treated sewage or other pollutants of public health significance, as determined by the director of health, shall not be present in natural public bathing or wading areas. In marine recreational waters within one thousand feet of the shoreline, including natural public bathing and wading area, enterococci content shall not exceed a geometric mean of seven per one hundred milliliters in not less than five samples equally spaced over a thirty day period. Raw or inadequately treated sewage or other pollutants of public health significance, as determined by the director of health, shall not be present in natural public bathing or wading areas. Upon acceptance of this offer by the Seller, it agrees to employ Sherri Miller at a cost to the Seller of $5,000.00 to test the water quality according to Administrative Rule 11-54-08 above and provide the results to the County. If the water quality meets the standards set forth in 11-54-08, the conditions set forth in this Addendum will be deemed satisfied and shall no longer be a contingency to the purchase of this property by the Buyer. If the Buyer subsequently declares this offer shall be null and void for any other reason, the Buyer shall reimburse Seller from Escrow the $5,000.00 testing fee. If the standards set forth in paragraph 11-54-08 are exceeded, the Seller shall have 90 days to remedy the water quality problem at his own expense including retesting by an independent agency unless the parties agree in writing to another time table or solution to the deficiency. In the event that the water quality does not meet health department standards after 90 days, the Buyer may, at its option, declare this offer shall be null and void and the Buyer(s) deposits shall be immediately returned, less the amount of any escrow expenses or fees chargeable to the Buyer. The undersigned acknowledge receipt of a completed copy of this Addendum. Dated: Hilo, Hawaii, , 199_ COUNTY OF HAWAII By Its Mayor BUYER Dated: i~ d ,Hawaii, 9--, // , 199 Z. AUT ORT•S ~OF HAWA I I~ BY ~s~.Yir ~ .re~iP~ Its ~~~ SELLER ccr 8/92 . ~ STANDARD OCEANFRONT PROPERTY ADDENDUM ~~ „ „~ nr nrroxs- Reviewed by: Charles Clarke _____ ,~ - -_-- iP~i~cpniamx.,~e~xa.-.n c~G~axi [.J REALTOR This STANDARD OCEANFRONT PROPERTY ADDENDUM is made a part of the DROA dated 1992_, by and between O and the Seller named in the DROA for the sale of the property located at Tax Map Key No. 3 ~ 1-4-002-5&6 (the "Property'). BUYER AND SELLER AGREE THAT THE DROA IS AMENDED AS FOLLOWS: A. The Buyer is aware of and agrees to the following: A-1 The Property fronts the ocean and is in a Special Management Area. A-2 The Property is designated _ _ ____ _ _ _ and/or zoned AlA _ ___. A-3 The location of the shoreline boundary of the Properly (including both Land Court and Regular System properties) may be subject to change because of the action of the waves in adding to or taking away land along the shoreline and is subject to redetermination according to the laws of the State of Hawaii. For example, the shoreline boundary may advance inland, due to erosion, and the square footage of the Property may decrease accordingly. A-4 The conveyance document for the Property will contain the following or similar encumbrance: "SUBJECT, HOWEVER, to the following: Location of the seaward boundary in accordance with the laws of the State of Hawaii and shoreline setback line in accordance with the Gounty regulation and/or ordinance and the effect, if any, upon the area of the land described herein." Ab The Property is subject to shoreline setback and flood control requirements and the provisions of the Flood Zone ordinance and Shoreline Management Acl. The Buyer is advised to contact the appropriate government agencies to determine specific requirements for this property. 8. The Buyer acknowledges that neither the Seller nor the REALTORS"" involved in this transaction, have made any representations or warranties concerning the actual or precise square footage of the property. The Buyer agrees to make no claim against the Seller or the REALTORS^' involved in this transaction regarding any matters which concern the shoreline boundary of the Property or the square footage of the property. C. Neitherihe Seller norihe REALTORS'"involved in this transaction make any representations or warranties concerning any actions the Buyer may take with respect to erosion control. In particular, no representations are made about seawalls, retaining walls, or revegetation. The Buyer is advised to seek professional advice from his own contractors, engineers, attorneys, or appropriate government agencies, etc. concerning these matters, and to determine the effect of the proximity of the shoreline to the improvements. D. Oceanfront property may be subject to high wave and Tsunami damage. If the property is located in a flood and Tsunami zone, this may result in certain building, engineering and elevation requirements, and insurance limits. The Buyer should consult with the appropriate County Public, Works Department to determine the current elevation requirements. If there is a structure on the property, the County Public Works Department may require surveying to determine if the structure conforms to current requirements. E. A lender for the property may require Flood Insurance as a condition of the mortgage. The Property's Flood Zone Designation is ___ _ , __. (If not completed, the Buyer should contact his insurance company and/or the appropriate County Public Works Department.) F. Permits for Seawalls. Seller agrees to provide Buyer with all known information on seawalls or other such artificial structures. Seller represents that there I are he are not permits for existing seawalls or other such artificial structures. G. Only a State Certified Shoreline Survey can determine the Property's current exact square footage. In order to obtain a building permit, a current Slate Certified Shoreline Survey is required; it is only valid for a limited period of time from the date of certification. The Buyer has not relied upon any information given to him by the REALTOR'"' regarding the choice of options G-1 through G-6 below (check all That apply): I G-1 Only standard staking as defined in Standard Term C on the reverse side of the DROA. ~T/a G-2 Staking as defined in Section C of the Standard DROA Addendum. h/ a G~3 A State Certified Shoreline Survey. II this affects the closing date, see Paragraph H. Special Terms below. A certified shoreline survey may take an extended period of time. i I G-4 The Buyer accepts the Property "AS IS" with respect to _~_ 1__._ above. •i J a G-5 The obligation of the Buyer to purchase the Properly is conditioned upon the Buyer's approval of ____ __.,,_,_ _ abovewithin ____ _. ( )calendardays from his receipt of the accompanying report ll the Buyerdisapproves of the report, Buyer mayterminate this DROA pursuant to Standard Terms of the Standard DROA Addendum titled "Contingencies" and "Termination Provisions'. H. ADDITIONAL SPECIAL TERMS. (Please number H-t, H-2, etc.) The undersigned acknowledge that they have read. understand and agree to the terms and conditions of this STANDARD OCEANFRONT PROPERTY ADDENDUM, and have not relied upon any advice Irom the REALTORS'" involved in this transaction and further acknowledge receipt of a completed copy hereof. Buyers are advised to seek legal counsel regarding the complex nature of oceanfront property, particularly with regard to construction thereon. BUYER BUYER DATE ;tea-- SELLER /XJ'.~ (/~~~r ~./!~?-~-y~ya-/ SELLER _ AM/PM _ ~ ~J r~ ~ /~: 'N_ K~/PM TIME DATE TIME Form N-289 STA JF HAWAII -DEPARTMENT OF TAXAT.-. ,J ~A (1991) ~~e~Y^ CERTIFICATION FOR EXEMPTION FROM THE WITHHOLDING OF TAX ON THE DISPOSITION OF HAWAII REAL PROPERTY secllon 235-58, Hswsll Rsvlssd Statutes (HRS), provides Ilral a trsnsleree (buyer) of Ilewall real property must withhold le^ If Ihs Iransleror (seller) Is • nonresident person. To Inlorrn ihs Irenslerse (buyer) Ilral wllhholdinp or la^ Is not requlrsd upon the dleposlllon of Ilewsll reel properly by Auto Imports of HI, Inc. (name of Iransleror/seller), Ihs urrderalpned hereby eerlllle• Ihs Ioliowlnp: Trsnsleror/seller's Idsnlllicstlon number (SSN or FEIN) Trsnsleror/seller's address (home address for Individuals, olllce address for corporations, partnerships, Irusle, or sslslss) 811 Kanoelehua Avenue, Hilo, HI 96720 The wllhholdlnp of Iss Is not requlrsd upon the dlspOelllon o111nwali real properly borauso (rbeck wbk:hovor Vow Is applicable): xO The Iransleror Is a resident person, resident corporation, residont porUrershlp, reslJonl bust, or resident estate (as Ihose Jenne ere delined In secllon 23568, HRS). Thal by reason of a nonrecopnlllon provision of the Inlemal Revenue Codo as operative under chapter 235, IIITS, or Ilw provisions of any WJled Slates Iraely, the Iransleror Is not requlrsd to recopnlze any pain or loss with respect to Ihs Iransler, (Complete A enJ 8 below.) A. Bdol descdpllon of the hansler: A transfer of land by conveyance to the County of Hawaii D. Drlel summery of Ilre law end lacts supporllrrg Ilre clalrn Ilral recognition of gain or loss Is not required wtllr respect to the Iransler: Auto Imports of Hawaii, Inc. (name of Iransleror/seller) undmslands Thal this corlillcallon may be disclosed to the Stale of Hawall, Department of Tazallon by Ilra Iransleree and Ilral any lalso slalorrrerrl contained Irereln could be punished by Ilne, Imprisonment, or bollr. I declare, under the penallles set lorth In secllon 231-3A, IIIlS, That Ihls cerllllcellon has been oxendned by ma, end to the heal of my knowledge end ballet, II Is Irue, correct, end cornplele. In the case of corpomlloae, parbrorshlps, busts, or estates, I lurlher declare Ihel I have aulirorllylosiprllldadocumenlonbetlallol Auto Im orts of Hawaii, inc. -P ________ _ (name of Uanslomr/seller). Signed: _ \~ ~ ='~~ ~~.-/~~r~~~-~+ .-- Dale: _ cam/ "3 V~~% Z- V_ SEE DACK FOR FIRPTA COPY Form N•288 e FIRPTA NON-FOREIGN SELLER CERTIFICATION INDIVIDUAL TRANSFEROR/SELLER Secllon 1445 0l the Inlen,nl Revanuo Codn providns Ihnl a Iransleroe (buyer) of a U.S. reel properly Inleresl must wllhhold tax it the Uansleror (sellnr) fs a Iorelgn poison. To Inlonn the Iransleree (buyer) Thal wllhholding of lax Is not required Upon my disposlllon nl a 1/.S. root property Inleresl, 1._Auta T~narts of Hawaii Inc. _ Ineme o1 Iransleror/seller), hereby cerlily the lollowhrg: 1. I am not a nonrealdenl alien for purposes of U.S. Incorno Inxalion; 2. My U.S. taxpayer Idenlllying number (Sor,lnl Securlly number) is __ 3. My home address Is end I understand Ihal Ihls cerllHcalion may be dIaCl0aed Io Ihg Intornnl RAV mule .SerV ICe by ^la Ira rl al Brae and IhBI any Inlse slalemont 1 havo mado horn could bn punished by Ibm, hnprlsonmonl, orbolh. Under penalties of penury. I declare That 1 have exmnlned Ihis cerllllcallon; and Io the best of my knowledge end bellol, It Is Irue, correct end complete. Signed: Prlnl Name: Dated: (individuals) FIRPTA NON-FOREIGN SELLER CERTIFICATION ENTITY TRANSFEROR/SELLER Secllon 1445 0l Ilre Internal Revenue Corte provides Ilral a Iransleree (buyer) of a U.S. real properly Inleresl must wilhlrold tax it the iransleror (seller) is a Iorelgn person. To inlorm the Iransleree (buyer) Thal wllhholding of lax is not required upon my disposlllon of a U.S. real property Inleresl, by A„rr, rmpnr s of Hawaii Inc - Irren,e of Iransleror/seller), the undersigned hereby cerlllles the lollowing on behallol Auto Imports of Hawaii, Inc. InameOllranslerOr/eellerl. I ~ ---- _Ineme of Iransleror/seller) Is not a Iorelgn corporation, Iorelgn partnership, lor- eign Irusl, or Iorelgn estate las (hose terms are Jelined in the Internal Revenue Code end Income Tex Regula- Ilons); Z. Aat~Smpnrts-o.Eliiy Inc,,~s, (name of Irnnsleror/seller) U.S. employer Idenllllcallon nurnber Ia ---- ._; and 3. ~LtO Imnorts of HhlNcs, Ineme of Iransleror/seller) ollice address Is 811 Kanoelehua Avenue -,Hilo. HI 96720 _ _ _ .-Aut9_.Imports of HI Inamo of Iransleror/seller- understands Thal Ihls cerllllcallon may be dlacloaed to the In- lernal Revenue Service by the Iransleroe soil Ihal m,y lalse slalemenl conlalned herein could be punished by Ilne, inrprisonmenl, or both. Under penallles of perJury, I declare Ihel I have examined Ihls cerllllcallon; and to the best of my knowledge and bellol, II Is True, correct and complete. I lurlher declnre Ihel I hove aulhorlly to sign Ihle document on behell of A r r,__Imports of Hawaii, Inc. _-_.. __._ Inamo of Iransleror/aellerl. Signed: ~~~ ~-'~y'-+' Dnlod: c3~~'U~`1-~- (Corporalions, Parlnershlpa, Trusts, and Eslales) FEMA COMPLIANCE ADDENDUM Reviewed by: CharCes Clarke Realtor® wL" This ADDENDUM is made a part of DROA Reference Datedst ,1992 by and between the County of Hawaii ("Buyer") and the Seller named in the DROA for the sale of the properties located at Tax Map Key No. 3/1-4-002-5 8 6 (the "Property") 1) The Buyer and Seller agree that a condition of the purchase of the Property by the Buyer is that the results of an Environmental Assessment of the subject property satisfy the statutory requirements of the County Planning Department and FEMA. In the event the Environmental Assessment identifies problem(s) that would not meet the above requirements, the Buyer and Seller by agreement in writing may agree to extend the closing so that the problem(s) may be further addressed: Or, the Buyer or Seller, at their individual option may declare this offer shall be null and void and the Buyer's deposits shall be immediately returned, less the amount of any escrow expenses or fees chargeable to the Buyer. 2) The Buyer and Seller agree that the County is depending on the release of FEMA funds to purchase this property. The Seller agrees to not unreasonably deny any extension of the closing date to accommodate the receipt of FEMA funds by the County of Hawaii. The undersigned acknowledge receipt of a completed copy of this Addendum. Dated: Hilo, Hawaii, , 199, COUNTY OF HAWAII By Its Mayor BUYER Dated: Hilo, Hawaii, ~ // , 199 Z AUTO IMPORTS OF HAWAII, INC. Its O`iLet, SELLER ccr 8/92 COUNTY BOND AUTHORIZATION ADDENDUM Reviewed by: CkarCes Clarke ReaCtor® This ADDENDUM is made a part of the DROA reference dated ~ ti I I 1992, by and between the County of Hawaii, Buyer, and the Seller named in the DROA for the sale of the properties being Tax Map Key No. 3/1-4-002-5 & 6. The Seller is aware and the Seller agrees that the County is a municipal Corporation organized under the State of Hawaii. That in order for the County to purchase said properties, the County will need to generate funds through a bond authorization. The Seller is aware of this fact and this offer is made contingent on the County receiving bond authorization from the Hawaii County Council within forty-five days of acceptance of this offer by the Seller. If a bond authorization is not received from the County Council as required above, the Buyer or Seller may at its option, declare this offer null and void and the Buyer's deposit shall be immediately returned, less the amount of escrow expenses or fees chargeable to the Buyer. Thereafter neither the Buyer nor the Seller, nor any broker shall have any further rights, obligations or liabilities under this DROA. The Buyer promises and agrees to keep the Seller fully informed about the status of the bond authorization. The Buyer further promises to use its best efforts to comply with this special term. The undersigned acknowledge receipt of a completed copy of this Addendum. Dated: Hilo, Hawaii, , 199_ COUNTY OF HAWAII By Its Mayor BUYER Dated: Hilo, Hawaii, ~ // , 199 Z AUTO IMPORTS OF HAWAII, INC. BY ~is ~ ~i~ Its_ ~~„ SELLER ccr 8/92