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HomeMy WebLinkAboutRES 256 Draft 02 2008-2010COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 25~ 09 Draft 2 RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO NEGOTIATE A LEASE OF REAL PROPERTY, BEING A PORTION OF 34 RAINBOW DRIVE (OLD HILO HOSPITAL COMPLEX), SITUATE AT PI`IHONUA, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII, AND IDENTIFIED AS BEING A PORTION OF TAX MAP KEY (3)2-3-026-008, TO HAWAII CORRECTIONAL INDUSTRIES. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, the County of Hawaii, hereinafter "County," has possessory interest via an Executive Order from the State of Hawaii in the parcel of land known as the Old Hilo Hospital Complex, located at 34 Rainbow Drive, Pi`ihonua, District of South Hilo, County and State of Hawaii, Tax Map Key (3)2-3-026-008, as further described in Exhibit A attached hereto; and WHEREAS, Hawaii Correctional Industries, a Division of the Department of Public Safety, State of Hawaii, hereinafter "HCI," has requested to lease a portion of the first and third floors Ward B of the Old Hilo Hospital to conduct its training and skills program and provide work opportunities for able-bodied inmates of appropriate security status due to the closure of the Kulani Correctional Facility; and WHEREAS, the training/skill programs and work opportunities to be provided on the leased premises by HCI are automotive and auto body repair, light construction, landscaping, labor, and playground projects; and WHEREAS, HCI has made a physical inspection of the premises and it fully recognizes and accepts the advanced age and deteriorating condition of the premises; and WHEREAS, HCI further recognizes that the County of Hawai `i's possessory interest in the Complex is via an Executive Order from the State of Hawaii and therefore all successor interests are subject to any terms and conditions required by the State of Hawaii, including divestments of all interests; and WHEREAS, pursuant to Section 46-7, Hawaii Revised Statutes, as amended, an inter-governmental agreement must have the consent of the Council; and WHEREAS, Section 2-120(a)(2) of the Hawaii County Code 1983 (2005 edition, as amended) provides that the Council of the County of Hawaii may, by resolution approved by a majority of its members, authorize the finance director to negotiate a lease of real property to a governmental organization, at such rentals and on such terms and conditions as deemed proper; and WHEREAS, Section 2-120(b) provides such lease of real property to governmental organizations may be made without notice or appraisal as required in Chapter 2, Article 19 of the Hawaii County Code 1983 (2005 edition, as amended); and WHEREAS, due to the short notice of the Kulani Correctional Facility closure, the surrounding community has not been given a chance to submit input to this lease, and the Council desires to give the community this opportunity. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that pursuant to Section 46-7 Hawaii Revised Statutes as amended and Section 2-120 of the Hawaii County Code 1983 (2005 edition, as amended), the Director of Finance is hereby authorized to negotiate athree-year lease with the Hawaii Correctional Industries, a governmental organization of the State of Hawaii, without notice or appraisal, for a portion of the Old Hilo Hospital Complex, identified as Tax Map Key (3)2-3-026-008. BE IT FURTHER RESOLVED, that Hawai'i Correctional Industries will be allowed to occupy the premises with equipment and furniture, however, Hawai'i Correctional Industries shall not employ inmates on the premises until receiving notice by the Hawai' i County Council Chairperson after the community meeting has been conducted. BE IT FURTHER RESOLVED, that the Mayor of the County of Hawai'i is hereby authorized to execute said lease and all necessary agreements on the behalf of the County of Hawai'i for purposes authorized by the Council as noted herein. BE IT FINALLY RESOLVED, that the Clerk of the County ofHawai'i shall transmit copies of this resolution to: (1) Mayor William P. Kenoi; (2) Finance Director Nancy Crawford; (3) Deputy Corporation Counsel Craig T. Masuda; and (4) Hawaii Correctional Industries, Attn: Matthew Kaneshiro, Administrator, 919 Ala Moana Boulevard, 4th Floor, Honolulu, Hawai'i 96814. Dated at Hilo , Hawai' i, this 21st day of October ,2009. INTRODUCED BY: 4n /C< ~~ ...~ COUNCIL MEMBER, COUNTY OF HAW AI'I COUNTY COUNCIL County of Hawai' i Hila, Hawai'i AYES NOES ASS EX ENRIQUES X FORD X GREENWELL X HOFFMANN X f----- IKEDA X ! NAEOLE X rmiSH1 X I I I Y ACJONG X ~OSHIMOTO X j I 8 0 1 0 ROLL CALL VOTE I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County ofHawai'i on October 21, 2009 ATTEST: ~-~~ COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER Reference: C-575.2jWaived-FC ~S6c-~_____ (Draft 2) RESOLUTION NO. 3 LAND COURT REGULAR SYSTEM (AREA ABOVE RESERVED FOR RECORDING INFORMATION) After Recordation, Return by ®Mail or ^ Pick-up Phone#: FILL IN NAME AND ADDRESS BELOW: Office of the Corporation Counsel (CTM) 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 DOCUMENT CONTAINS PAGES TITLE OF DOCUMENT: HAWAII CORRECTIONAL INDUSTRIES LEASE AGREEMENT PARTIES TO DOCUMENT LESSOR: COUNTY OF HAWAII 25 Aupuni Street Hilo, Hawaii 96720 LESSEE: HAWAII CORRECTIONAL INDUSTRIES 919 Ala Moana Boulevard, 4th Floor Honolulu, Hawaii 96814 AFFECTS TAX MAP KEY: (3)2-3-026:008 (portion) Exhibit A HAWAII CORRECTIONAL INDUSTRIES LEASE AGREEMENT THIS INDENTURE OF LEASE, made this day of , 2009, by and between the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720 (hereinafter referred to as the "County"), and HAWAII CORRECTIONAL INDUSTRIES, a Division. of the Department of Public Safety, State of Hawaii, whose principal place of business and mailing address is 919 Ala Moana Boulevard, 4~' Floor, Honolulu, Hawaii 96814 (hereinafter referred to as "HCI"). WITNESSETH: WHEREAS, due to the closing of the Kulani Correctional Facility, HCI desires to occupy a portion of the premises known as the Old Hilo Hospital Complex, located at 34 Rainbow Drive, Hilo, Hawaii 96720, identified as being a portion of Tax Map Key: (3)2-3-026:008 (hereinafter "Complex"); and WHEREAS, the County's possessory interest in the Complex is via an Executive Order from the State of Hawaii. Therefore, all successor interest holders are also subject to any terms and conditions required by the State of Hawaii, including divestment of all interests; and WHEREAS, the Complex is an aged facility and in various states of disrepair; and WHEREAS, the County has been notified by its insurance carrier that due to the age and condition of the premises at 34 Rainbow Drive that those facilities will no longer be covered by insurance; and WHEREAS, HCI enters into this lease for a portion of the Complex with full and complete knowledge of the condition of the premises due to its age and condition; and WHEREAS, HCI, being intimately familiar with the condition of the Complex, desires to utilize a portion of the building to conduct its training and skills program and provide work opportunities for able-bodied inmates of appropriate security status. NOW, THEREFORE, THE PARTIES COVENANT AND AGREE AS FOLLOWS: Premises. (a) County hereby leases to HCI, upon the terms and conditions herein set forth, that portion of the Complex located at 34 Rainbow Drive, Hilo, Hawaii, identified as bein a portion of Tax Map Key: (3)2-3-026:008, known as "Ward B" first and third oorw described in Exhibit "A" attached hereto (hereinafter referred to as the " 'ses"). -2- (b) The parties acknowledge that the square footage of the Premises as set forth in Exhibit "A" constitutes an estimated portion of the Complex. (c) The parties understand and agree that the County may. only transfer to HCI such rights in the facility and grounds that it receives from the State of Hawaii and under such terms and conditions imposed by the State of Hawaii. Notwithstanding any provisions to the contrary, this lease is subject to any cancellation of use of the facility by the Department of Land and Natural Resources, State of Hawaii. 2. Term. The term of this lease shall commence on October 3 1, 2009, and shall continue for a term of 3 years. 3. Occupancy. HCI shall be given occupancy of the premises by October 31, 2009. 4. Rent. The lease rent shall be paid as follows: $1.00/year 5. Parking Spaces. Parking space shall be open and joint to all users of the Complex. 6. Use. The Premises maybe used and occupied for training programs for work opportunities and skills for inmates in the areas of automotive and auto body repair, light construction, landscaping, labor and playground projects. 7. Use of Premises and Compliance With Law. The County and HCI agree to the following terms and conditions regulating the use of the Premises: (a) HCI shall not perform any acts or carry on any practices which maybe injurious to the building, or is a nuisance or menace to other tenants in the building, and agrees to maintain them with particular attention being paid to their orderliness, safety, cleanliness and quality. (b) HCI shall not permit the Premises to be used for any improper, offensive, or unlawfiil purpose or for any purpose which will increase the existing rate of insurance on the property. HCI will keep the Premises in a strictly clean, safe, neat and sanitary condition, and will observe, perform and comply with all laws, statutes, ordinances, rules and regulations of the health and other government authorities applicable to the Premises and of all insurance policies at any time duly issued or in force which are applicable to the conduct of HCI's business on or about the Premises or any part thereof, and will defend the County against all actions, suits, damages and claims by whomsoever brought or made by reason of the nonperformance or nonobservance of such laws, statutes, ordinances, rules and regulations or of this covenant. -3- (c) HCI shall not commit or suffer to be committed any waste in or upon the Premises or the property or maintain any public or private nuisance or any other action which may interfere with or disturb the quiet enjoyment of any other tenant of the property. (d) HCI shall not maintain, place or store any items in any common area of the Complex, including parking areas, without the specific written consent of the County. (e) HCI shall not install or place any exterior signs or other displays on or upon the Premises and/or the property without the prior written consent of the County. The County shall have the right to establish such specifications and restrictions for exterior HCI displays and signs as the County, in the County's sole discretion; shall determine. 8. Rule and Re lu ations. The County shall have the right to promulgate rules and regulations to police, regulate traffic in, control parking and common area use (including controlled access or paid parking), restrict exterior HCI advertising, signage and displays within HCI and otherwise regulate and control the property, and amend the same from time to time, with respect to the use and operation of the property, which shall be binding upon HCI on notice to HCI. In enforcing these rules and regulations, the County shall have all remedies provided in this lease for a breach of a term of this lease, and all other legal and equitable remedies. 9. Improvements, Alterations and Fixtures. (a) HCI may, at anytime during said term, with prior consent of County, remove any fixture, addition, or personal property installed by HCI in or about the facility if such removal does not damage any structural portion of the facility. HCI will, at its own expense, promptly repair to the County's satisfaction all damages, cosmetic or structural, caused by such removal. (b) HCI shall obtain all permits, licenses and approvals required for any alterations or improvements and promptly pay all contractors and materialmen so as to minimize the possibility of a lien attaching to the Premises or to the property, and should any such lien be made or filed, HCI shall discharge the same after written request by the County. 10. Repairs and Maintenance. (a) Repairs by HCL HCI shall at all times keep the Premises (including entrances, all interior glass and window moldings) and all partitions, doors, fixtures, equipment and appurtenances therein (including lighting and plumbing fixtures and any air conditioning system, but excluding structural portions of the Premises, i.e., foundations, load bearing and exterior walls, and skylights) in good order, condition and repair (including reasonable periodic painting of the interior). (b) Count~Ri~ht to Cure HCI's Default. If HCI refuses or neglects to repair as required under this lease to the reasonable satisfaction of the County as soon as reasonably possible after written demand, the County may make such repairs without liability to -~- HCI for any loss or damage that may occur to HCI's property or to HCI's business, and upon completion thereof, HCI shall pay the County's costs for making such repairs upon a presentation of the bills therefore, as additional rent. 11. Liens and Insolvency. HCI shall keep the Premises and the property free from any liens or encumbrances arising out of any work performed by HCI, materials furnished by HCI, or obligation incurred by HCI. 12. Assignment and Subletting. (a) Restriction on Assi~mment and Subletting. HCI shall not assign this lease, or any interest therein, nor sublet the Premises or any part thereof, or any right or privilege appurtenant thereto, nor suffer any other person (the agents and employees of HCI excepted) to occupy or use the Premises, or any portion thereof, without the prior written consent of the County, which consent may be withheld for any or no reason at the County's sole discretion. (b) Continuin L~tv of HCI. No assignment or subletting of HCI's interest permitted. under this paragraph or consented to by the County shall in any way release HCI of any liability and responsibility assumed under the terms of this lease. 13. Surrender and Holding Over. (a) Surrender Upon Termination. At the expiration of the term of this lease, HCI shall surrender the Premises in the same condition of cleanliness, repair and sightliness as the Premises were in upon HCI's commencement of business under this lease, reasonable wear and tear excepted. HCI shall surrender all keys to the Premises to the County at the place then fixed for the payment of rent. On such day, unless the County shall in its sole discretion require the removal thereof, all alterations, additions, improvements, all hard surface bonded or adhesively affixed flooring, and all fixtures on the Premises shall become the property of the County and shall remain upon a11d be surrendered with the Premises as part thereof, without disturbance, molestation or injury, and without credit to HCI, its sublessees, concessionaires or licensees. On or before the last day of the term or the sooner termination hereof, HCI, if not then in default, shall remove all trade fixtures, operating equipment and other personal property of HCI and, if required by the County, remove all alterations, additions, improvements, flooring and other fixtures, from the Premises and repair any damage occasioned by any such removal. If the County is required to repair any damage caused to the Premises by such removal, HCI shall repay the County for the cost of the same. Property not so removed shall be deemed abandoned by HCI. If the Premises are not surrendered at such time, HCI shall indemnify the County against loss or liability resulting from delay by HCI in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant based on such delay and/or the County's lost rental income. HCI's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this lease. -5- (b) Holding Over. Any holding over after the expiration of the term of this lease, with the consent of the County, shall be construed to be a tenancy from month-to-month at a monthly rent that was in effect at the end of the last lease term and on the same terms and conditions specified in this lease, so far as applicable. 14. Default. (a) Right to Reenter. In the event of (i) any failure to perform any terms, conditions, or covenants of this lease to be observed or performed by HCI (except for a default in the payment of rent) for more than ten days, the County shall have in addition to any other recourse, the right to immediately terminate this lease with sixty days' written notice of such default or breach, or (ii) the occurrence of any event described in paragraph 11 above, or (iii) if HCI shall abandon the Premises, or suffer this lease to be taken under any writ of execution, any such happening shall be considered a default by HCI, and the County, besides any other rights or remedies it may have, shall have the immediate right, with or without termination, of reentry and may remove all persons and property from the Premises and such property maybe removed and stored in a public warehouse or elsewhere at the cost of and for the account of HCI, all without service of notice or resort to legal process and without the County being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. (b) Termination. In addition to any default by HCI, as that term is defined in paragraph 14(a) above, the County and HCI may terminate this lease by giving sixty days' written notice of termination with cause. No reentry or taking possession of the Premises by the County shall be deemed its election to terminate this lease unless a written notice of termination is given to HCI or unless the termination is decreed by a court of competent jurisdiction. The County may at any time after reletting the Premises without terminating this lease, elect to terminate this lease for HCI's previous default. (c) Damages to County. If the County terminates this lease because of a default by HCI, in addition to any other remedies the County may have, it may recover from HCI all damages it may incur by reason of such default, including the cost of recovering the Premises, attorney's fees, and the worth at the time of such termination of the excess, if any, of the amount of rent and additional rent reserved in this lease for the remainder of the stated term over the then reasonable market rental value of the Premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from HCI to the County. (d) Separate Suits. The County shall have the privilege of splitting its cause of action for rent so as to permit institution of a separate suit or proceeding for the base and additional rent due the County under this lease, and a separate suit or proceeding for any other payment required under this lease and neither the institution of any such suit -6- or proceeding nor the entering of judgment therein, shall bar the County from bringing a subsequent suit or proceeding for the base rent, the additional rent, or for any other payments required hereunder. (e) Nonwaiver. The waiver by the County of any breach of any term, covenant or condition of this lease shall not be deemed a waiver of such term, covenant or condition or of any subsequent breach of any term, covenant or condition. The subsequent acceptance of rent by the County shall not be deemed a waiver of any preceding breach by HCI of any term, covenant or condition of this lease, other than the failure of HCI to pay the particular rent so accepted, regardless of the County's knowledge of such preceding breach at the time of such acceptance. (f) Waiver of Jury Trial and Venue. The parties each hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in any way connected with this lease or HCI's use or - occupancy of the Premises, including any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. The parties also agree that the venue of any such action, proceeding or counterclaim shall be in the South Hilo Division of the District or Circuit Court of the Third Circuit, as appropriate. 15. Damage to or Destruction of Building. HCI shall, in the event of any damage or destruction affecting the Premises, unless this lease shall be terminated as provided in paragraph 14(b), promptly replace or fully repair all furniture, improvements, trade fixtures, equipment and other fixtures originally installed by HCI. The County shall have no interest in the proceeds of any insurance carried by HCI on HCI's interest in this lease, and HCI shall have no interest in the proceeds of any insurance carried by the County. 16. Condemnation. (a) Automatic Termination of Lease. Except as may otherwise be required by any mortgage on the property, if the whole of the Premises shall be taken by any public authority under the power of eminent domain, then the term of this lease shall cease as of the day possession is taken by such public authority, and all rent shall be paid up to that date. If only a part of the Premises shall be taken under eminent domain, this lease shall terminate as to the portion taken, and, unless this lease shall be terminated as hereinafter provided, it shall continue in full force and effect as to the remainder of the Premises, and the base rent shall be reduced in the proportion the floor area taken bears to the total floor area leased, and HCI at its own cost and expense, shall make all necessary repairs and alterations to the Premises required by such taking. (b) Option to Cancel. If the remainder of the Premises cannot be made tenantable for the purposes for which HCI has been using the Premises, HCI shall have the option, to be exercised within thirty days after the filing of such eminent domain action, of canceling this lease effective as of the date the condemning authority shall take possession; provided, however, that if more than fifty percent of the floor area of the Premises shall be taken under power of eminent domain, either party, by written -7- notice to the other delivered on or before the date of surrendering possession to the public authority, may terminate this lease, effective as of such surrender of possession. All compensation and damages of any type awarded for any taking, whole or partial, shall belong to and is the property of the County except as hereinafter provided. (c) HCI's Damages. HCI shall have the right to claim and recover from the condemning authority, but not from the County, such compensation as may be separately awarded or recoverable by HCI in HCI's own right on account of any cost or loss to which HCI might be put in removing HCI's merchandise, furniture, fixtures and equipment. 17. Inspection of Premises. HCI has performed an inspection of the Premises and has deemed it fit for HCI's intended uses. HCI accepts the Premises AS IS and WHERE IS, despite the age and condition of the Premises and Complex. 18. Liability and Defense. The County and its agent shall not be liable to HCI for any damage or loss, including loss or interruption to HCI's business or services, occasioned by any service provided by the County or its agent under this lease for electricity, plumbing, gas, water, air conditioning, sprinkler or other pipes and sewage systems, or the loss, interruption or stoppage thereof, or by the bursting, leaking, overflowing or running over of any tank, washstand, closet, waste or other pipes in or about the Premises or the property, nor for any damage occasioned by water coming into the Premises from any source whatsoever or for any damage arising from any acts or neglect of the cotenants or other occupants of the property or of adjacent property, or of the public, unless such damage or loss shall result from a wanton and willful act of the County or the County's negligence. All property of HCI kept or stored on the Premises shall be kept or stored at the risk of HCI only, and HCI shall hold the County harmless from any claims arising out of damage to the same, including subrogation claims by HCI's insurance carriers, unless such damage shall be caused by the wanton and willful act or negligence of the County. In no event shall the County or any of its agents, employees, or principals be liable to HCI, its inmates, wards, principals, agents or employees, for lost profits or any other consequential damages suffered by HCI, its inmates, wards, principals, agents or employees, from any cause, unless such losses or damages shall result from a wanton and willful act of the County or the County's negligence. HCI shall defend and save the County and its agent, if any, harmless against and from any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from the locating and operation of the business conducted by HCI in the Premises or arising from any default by HCI in the performance of any of the covenants, conditions or terms of this lease, or from any act or negligence or omission to act of HCI, its inmates, wards, agents, contractors, servants, employees, sublessees, concessionaires or licensees in or about the Premises or in connection with this lease or any sublease. 19. Securing of Inmates. HCI shall at all time keep all inmates on the Premises appropriately supervised and secured. 20. Notices. -8- (a) Notices to HCI. All notices to be given to HCI may be given in writing and by depositing the same in the United States mail, registered or certified and postage prepaid, addressed to Hawaii Correctional Industries, Attention Matthew Kaneshiro, Administrator at 919 Ala Moana Boulevard, 4~' Floor, Honolulu, Hawaii 96814. (b) Notice to the County. Notice to the County shall be given in writing personally to ail agent or employee of the County or by depositing the same in the United States mail, registered or certified and postage prepaid, and addressed to the County at 25 Aupuni Street, Hilo, Hawaii 96720, or at such other addresses as the County may give to HCI in writing from time to time. (c) Time of Service. Any written notice sent by registered or certified mail shall be deemed to have been served as of the date it is mailed in accordance with the foregoing provisions. 21. Insurance. HCI shall maintain liability insurance not less than $750,000.00 at all times during the lease naming the County as an additional insured. HCI shall provide a copy of the insurance certificate to the County and shall not reduce coverage, terminate, or otherwise alter the insurance without prior written approval of the County. 22. Force Majeure. In the event that either the County or HCI shall be delayed or hindered in or prevented from the performance of any act required under this lease agreement by'reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, or other reason of like nature, not the fault of the party delayed in performing the work or doing the acts required under the terms of this lease agreement, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 23. Additional Improvements Upon Property. The County reserves the right, at any time, to make alterations or additions to, and to build additional stories on the building in which the Premises are contained and to build in areas adjoining the Premises. The County also reserves the right, from time to time, to construct other buildings or improvements on the property and to make alterations or additions thereto and to build additional stories on any such buildings and to build adjoining the same and to construct controlled or elevated parking facilities. 24. Entire Agreement. This lease contains the entire agreement between the parties, and any agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of the lease in whole or in part unless such agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge or abandonment is sought. It is expressly understood and agreed that each and all of the provisions of this lease are conditions precedent to be faithfully and fully performed and observed by HCI to entitle HCI to continue in possession of the Premises hereunder; that said conditions are also covenants on the part of HCI; and that time of performance of each is of the essence of this lease. -9- IN WITNESS WHEREOF, the parties hereto have executed this lease the day and year first above written. RECOMMEND APPROVAL: NANCY CRAWFORD Director of Finance APPROVED AS TO FORM AND LEGALITY: CRAIG T. MASUDA Deputy Corporation Counsel County of Hawaii COUNTY OF HAWAII By HAWAII CORRECTIONAL INDUSTRIES By HAWAII CORRECTIONAL INDUSTRIES LEASE AGREEMENT LESSOR--COUNTY OF HAWAII -10- LESSEE-HAWAII CORRECTIONAL INDUSTRIES TAX MAP KEY.• (3)2-3-026: 008 (portion) STATE OF HAWAII COUNTY OF HAWAII THIRD JUDICIAL CIRCUIT On before me personally appeared WILLIAM P. KENOI, to me personally known, who, being by me duly sworn, did say that WILLIAM P. KENOI is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal axed 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 5-1.3(g) of the County Charter, County of Hawaii (2000), as amended; and said WILLIAM P. KENOI acknowledged said instrument to be the free act and deed of said County of Hawaii Document description: Document date: Signature (Notary's printed name) My Commission expires: No. of pages: Date: -11- STATE OF HAWAII CITY AND COUNTY OF HONOLULU SS. On before me personally appeared to me personally known, who, being by me duly sworn or affirmed, did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown, having been duly authorized to execute such instrument in such capacity. Notary Public, State of Hawaii Printed Name: My commission expires: NOTARY CERTIFICATION STATEMENT Document Identification or Description: Doc. Date: or ^ Undated at time of notarization. No. of Pages: Jurisdiction: Circuit (in which notarial act is performed) Signature of Notary Date of Notarization and Certification Statement Printed Name of Notary -12- ~ ~ ~ ~ ~"" sr c} k.--- ~'