HomeMy WebLinkAboutRES 104 Draft 01 1998-2000 COUNTY OF HAW~1.~~;~: STATE OF HAWAII
RESOLUTION No. 104 99
RESOLUTION AUTHORIZING THE NEGOTIATIONS OF A LEASE OF A
PORTION OF THE FORMER J. C. PENNEY SITE, BEING A PORTION OF THE
KAIKO'O MALL, SITUATE AT WAIAKEA, SOUTH HILO, HAWAII, TAX MAP
KEY: 3RD/2-2-15:33.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, the relocation of the J. C. Penney department store to the
Prince Kuhio Plaza made the former J. C. Penney site at the Kaiko'o Mall, Tax
Map Key No: 3rd/2-2-15:33, available for acquisition; and
WHEREAS, pursuant to Resolution No. 74-95, adopted by the Council of
the County of Hawaii on April 5, 1995, the Administration investigated the
possible acquisition of the former J. C. Penney site, and the leasing thereof of all
or a portion of the former J. C. Penney site to the State of Hawaii or others; and
WHEREAS, the Administration concluded that the availability of the former
J. C. Penney site provided the County of Hawaii with an opportunity to acquire a
facility which is large enough to accommodate the relocation of departments and
agencies into cone-stop government center; and
WHEREAS, pursuant to Resolution No. 266-96, adopted by the Council of
the County of Hawaii on April 17, 1996, the Corporation Counsel of the County of
Hawaii was authorized and empowered to acquire by eminent domain, the former
J. C. Penney site at the Kaiko'o Mall, further identified as Tax Map Key:
3`d/2-2-15:33; and
WHEREAS, the Administration pursued the leasing of a portion of the
former J. C. Penney site with the State of Hawaii and others; and
WHEREAS, the Judiciary, for its Family Court of the Third Circuit and for
certain offices of the District Court of the Third Circuit, has submitted a proposal
to lease a portion of the former J. C. Penney site (Exhibit "A"); and
WHEREAS, Section 2-120, Hawaii County Code, provides, among other
things, that the Council may, by resolution approved by a majority of its
members, direct the Finance Director to negotiate the disposition of a lease to a
government agency at such rentals and on such terms and conditions as
deemed proper.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
COUNTY OF HAWAII, that the Finance Director or his authorized representative,
is hereby authorized to negotiate a lease of a portion of the former J. C. Penney
site with the Judiciary of the State of Hawaii at such rentals and on such terms
and conditions as deemed proper.
BE IT FURTHER RESOLVED, that the Clerk Of the County of Hawaii shall
transmit copies of this resolution to the Honorable Stephen K. Yamashiro, Mayor
of the County of Hawaii, the Honorable Ronald T. Y. Moon, Chief Justice of the
Supreme Court, State of Hawaii, the Honorable Ben H. Gaddis, Judge of the
Family Court of the Third District, Harry A. Takahashi, Finance Director, and
Michael F. Broderick, Administrative Director of the Courts.
Dated at Hilo, Hawaii this ~_day of ~z rPrnhar , 1999.
INTRODUCED BY:
COUNCIL MEMBER, COUN OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AvES NOES ABS EX
Hilo, Hawaii ARAKAKI x
CHUNG
I hereby certify that the foregoing RESOLUTION was by ELARIONOFF R
the vote indicated to the right hereof adopted by the COUNCIL of the IACOBSON
County of Hawaii cn app Pmhar 22 1999 X
- LEITHEAD-TODD R
ATTEST: PISICCHIO X
SMITH X
TYLER
YAGONG X
b 2 1 0
CO YCLE AIRMAN&PRES[DINGOFFICER Reference: C-337/FC -95
RESOLUTION NO. 1~4 99
EXHIBIT "A" -TERMS AND CONDITIONS OF THE PROPOSED LEASE
BETWEEN THE COUNTY OF HAWAII AND THE JUDICIARY
OVER A PORTION OF THE FORMER J. C. PENNEY SITE AT
THE KAIKO'O MALL.
Landlord: County of Hawaii.
Tenant: The Judiciary -State of Hawaii.
Tax Map Key: 3`d/2-2-15:33.
Site: Former J. C. Penney site at the Kaiko'o Mall.
Floor Area
Being Leased: 20,000 square feet, more or less.
Intended Use: Court, social service and general office operations for the
Family Court of the Third Circuit and the District Court of
the Third Circuit.
Lease Term: Four years and nine months, with options for two
additional three year terms.
Lease Rent: $27,600 per month.
Operating Expenses: A. Pro rata share of Common Area Maintenance
charges with the Kaiko'o Mall.
B. Pro rata share of Common Area Maintenance
charges with the County of Hawaii.
C. Utilities shall be by separate meters to the Judiciary.
D. Janitorial and Interior Maintenance within the floor
area being leased is the responsibility of the Judiciary.
E. All moving and relocation costs shall be the
responsibility of the Judiciary.