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Home My WebLink AboutRES 299 Draft 01 1996-1998 OFFICE INFORMATION ONLY Meeting: Finance Committee — December 20, 2004 Action: Close file (per Comm. 21; 2002 -2004 term) Re: Comm. 930 (Res. 299 -98) (1996 -1998 term) ..../"....': ..-:,...:;.:::::~ -.~.. ..,..-:...-.....:.., :. ..:,.-..... .. ...--- ,.. .." ,'. .. . "." . ..".., - ... COUNTY OF HAW~II iTATE OF HAWAII \:::. .:::>:)::::.C::::,':' ,: ~ ..(,..,..::, ,". RESOLUTION NO. U998 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE A LICENSE THROUGH NEGOTIATION AND WITHOUT PUBLIC AUCTION FOR THE TEMPORARY OCCUPANCY OF COUNTY-OWNED LAND TO ALLOW MOBILE ONE,INC., .TO RECONSTRUCT, OPERATE, AND MAINTAIN A TRANSMITTER BUILDING AND ANTENNA UNDER SUCH CONDITIONS AS WILL BEST SERVE THE INTERESTS OF . . THE COUNTY WHEREAS, the County is the owner of that certain parcel of land situated at Pepeekeo I and Makahanaloa, South Hilo, said parcel being more particularly described in Exhibit <CA," attached hereto ar1dmade a part hereof; and WHEREAS, Mobile One, Inc., hereinafter referred to as "Mobile One," is a telecommunications company regUlated as a public utilitY by the State Public Utilities Commission; and WHEREAS, Mobile One is desirous of obtaining a license to reconstruct a transmitter building and antenna on the subject County-owned property; and WHEREAS, ~2-119 of the Hawaii County Code authorizes the County Council, after consulting with the Chief Engineer, to direct the Finance Director to issue licenses or permits through negotiation and without public. auction for the temporary occupancy of County-owned lands under such conditions which will serve the best interests of the County. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Director of Finance is hereby authorized to issue a license through negotiation and without public auction for the temporary occupancy of County-owned land by Mobile One, Inc., to reconstruct, operate, and maintain a transmitter building and antenna under such conditions as will serve the beSt interests. of the County. . SErf FURTHER RESOLVED, that the Honorable Stephen K. Yamashiro, Mayor of the . . County of Hawaii, is hereby authorized to. execute said license agreement. BElT FURTHEJl RESOLVED, that the Clerk of the County of Hawaii shall transmit copies of this resolution to the Department of Parks. and Recreation of the County of Hawaii and Mobile One, Inc. Dated at Hilo,.Hawaii, this . 1998. INTRODUCED BY: 'b/c CI,LMEMBER, COUNTY OF HAWAII GS:pc GS:mobile2.wpd COUNTY COUNCIL COUI~ty of Hawaii Hilo, Hawaii . ROLL CALL VOTE I hereby certify that the foregoing RESOLUTIONwasby the. vote indicated tothe right hereof adopted by the <::;OUNCIL of the County of Hawaii on . AYES NOES ABS EX ARAKAKI .. . . CHUNG LEITHEAD-TODD .. RAY ". . REYNOLDS. . SANTANGELO SMITH TYLER .. YAGONG . ATTEST: . CpUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. C-930/FC 299 98 Reference ~ .-..-:1.,' Stephen K. Yamashiro Ma,OT ......'~- I' , t I! .... . QIlIllUfll .itf' ~afuaii DEPARTMENT OF FINANCE , ~ ~~. :.~ ; 1 ~ 1 . '? '" .J'; ,,;;;... '- J. Harry A. Takahashi DiTecco,' . . j S.K. Schutte 2S LlDtJ1!1ty' C~' C~., . .l..)l... i,'. i"' .:" . .,'" " .-;"<\.\/, \:!. . " . -' " 25 Aupuni Screet, Room llS . Hilo. Hawaii 96720-4252 . (808) 961-8234 .' Fax (808) 961.8248 . July 22,.. 1998 . The Honorable James Ar'akaki, Chairpeison.and Members of the Countjr,Co,uncil . Hawaii County Council ", 25 Aupuni Street Hilo; Hawaii 96720 - . . EnClosed is a resolution authorizihg the Director of Finance, to issue, a Jicense through negotiation and without public auction for ~e temporary occupancy of County-owned land to allow Mobile. Qne, Inc. to reconstruct, operate and . maintain atransmitter~uilding and antenna under conditions to best serve tl:1e interests of the County. . Also enc1osed:in the License Agreement foryour iriformation. . '.' If there .are any questions, please do not hesitate to call the pepartment of ..~~~.atij~~-( Harry A. T~~ . .. "'Director of Finance APPROVED: ~~1Urq ._,Y . . . En,ca. R.#.S . ;a., '1-cr B .. ... - . .- ~.. ;.".' '..~ ,~_" ";: ~ ,~ 0--: N"~' ne No. D Dc... Ref. Tot E.c, '1W~DatA-. "a.-231998 LICENSE;AGREEMENT.... . KNOW ALL MEN BY THESE PRESENTS: I I I I I I . I '. That the coUNTY OF. HA wAn, a municipal corporation of the 'State of Hawaii, whose . ' '.. . ., , . , . . . business and post ofJiceaddress is25 Atipuni Strett, Hilo, Haw8ii96720, by andthrougb its , . ..' . -~ . Mayor, Stephen K. Yamashiro, hereinafterca1led the "Grantor," in consideration of the sum of TWO HUNDRED DOLLARS (S200.00)perqlonth'to it paid by MOBII..E. ONE,' INC., whose post office naddress is P.O. Box 25670, Hon6Jwu,Hawaii 9682S, ilerematlei' ~led'the . ' ",Grantee." ,the receipt whereof is herebya~lmowledged, Cloe$herebygrant arid convey'unto ~e said Grantee, its legal successors and assigns, a,no~clusive license for road. and utility . . . - ..." ,.purposesover, under and across. theJoUo~gdescribed property: · All of th8t certain parcel or parcels ofland ~ore fully de5cnoed in 'ExJuoit && A, "attached . hereto and made a part ~ereot: . SUBJECT,.,HOWEVER, tot~e.t~co~ts andcC)nditions set forth below. L Term of License. ThisLiCense~beetrectivefora period of one (l)year ' from the date of execution and may ,be renewed ~y at the sole discretion of the Grantor. . . . . .' - 2. ~tor's Reservation ofRipts. ,'I'he Grantor reserves the right to further , . _.' grant and convey to, others rights over, tinder and~ss,~licensedarea without the consent of -' . the.. Grantee; provided, however, that such rights will b.,eX,:cercisedin such a manner thatwill not. . . . .' . , . interfere unreasonably ~ Grantee'siigh~ h~der.: 3. Improvements. Maintenance and Repair. The Grantee will not ~t any time ' . ' erect~ybuilding()r strUcture C)fany,~d either over. under or across the surface of the ground.., .. within said licensed areas,: without the prior written cQnsentofthe Grantor. . " " '. ., .," " ,,' -....,. ,.'. . -. '" ". ",,' . After cOmpletion of any such'CotlStnlctiQn,'maintenance or repair work by Grantee, and . ' , " " ~ '.,. ' " .. , , . 'as often as the Grantee sha1I~cava~eor C)penthe licerised areas, ,the Grantee shall cause every such opening to,be replaced, s,olidlytamped, and the surtace.Qfrne land to be restored to its . previous condition as nearly aspossible,inc1uding landscaping $I1d tl)e teswfaci;ng of any paved areas and the replacmgof any. sidewalksand/or ~ing with the same ldndofmaterial &I1d the same type ofconstrucUon theretofore exi~orif not availa,ble, of ~typesatisfactory to the '- " ." . ',. .,' , ,';" , .,~ "..'~,' .,' " . " -.' ,',,' " Grant()r. 4~ . .. em and Diliience: Gran~~'sUse ofLi~sed Area. The Grantee will use due e&re a!1d diligence in the excerciSeofthe Grarltee's rights hereunder, and Will .excercise the Grantee's rights hereunder in such a manner.asto.occasioll minimal interferenCe.With or .' interruption to the use 6fthelicensed area by tbe<3l'antof and other persons who may now have or herea.f\er aCquire rights in the licensed area.' '. s. . Ob~ervanCe orLaws.The Grantee will at all times observe and perform all laws, ordmances,rules and.regUlations nOW.or hereafter nwie ,~, any governmental au~ority appijcable to tile easement area or any improvememor use thereof: and wiUindemnify the Grantor against all actions~ suits, damages and claims by ~liomsoever brought or made by , . . . reason of the Grantee's nonobservance or nonpelformance of such laws, ordinances, rules and regulations. ., 6. . Tennination. The easeinen~ rights and privileges granted under this agreement' . maybe terminatecJby eitherp8rty giving nin~(90) ~ys prior written notice: Said license, rights and priwegesshall also tetnUna.te if the use of the licensed area'is abandoned by Grantee for a period of at least, six (6) months. 7. . . Indemnification. . . The Grantee shall indemnify,defend, and bold harmless the Gtantor against all Claims anddemandsforcosts,exp~ses,attomey's fees, loss or damage -'2 \? . . '" '~ .,'! , whatsoever, including property dama,e, perscmalinjury and wrongful death, arising out of or in connection with the Grantee's use of the licensed ~'and wilheimburse the Grantor for all, costs and expenses, including reasonable attomey'sfees, ineurred.in connection with'the defense, of any such claims. AND said Grantor does hereby covenant with, said Grantee that it is lawfully seized in fee " simple of said granted property and it has good ri~Uo grant and convey a license as aforesaid;, ' thatsaid property is free and clear of all encumbrances; and that it will, and its successors and assigns!sha11 warrant and defend the sanieunto the Grantee, its legal successors and assigns, against the lawful claims and demands of all persons. , ' IN WITNESS WHEREOF,. the patties bereto'Mve'executed this License Agreement on this ~ day of ' . 1998. , RECOMMEND APPROVAL: , COUNTYOFHAWAD By"" , , STEPHENK. YAMASHIRO Its Mayor , ' , Director Department of Parks " Recreation' ,APPIlOVED,AS TO FORM AND LEGALITY: , 'MOBn..E O~ INC., By 'Deputy Corporation Counsel , Date:' .Its UCENSE AGREEMENT COUN17 OFHAWAll and MOBILE ONE. INC. GS:1)C\GS:Lic:ense 3