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HomeMy WebLinkAboutRES 184 Draft 01 1969-1972County of Hawaii—State of Hawaii Resolution WHEREAS, the County of Hawaii is ever -mindful of the needs and desires of its residents and is anxious to provide them with the quality environment of which they are so deserving; and WHEREAS, by providing its residents with increased opportunities to enjoy and take advantage of public recreational grounds, facilities and equipment, the people of Hawaii County will realize greater benefits to their health and general welfare; and WHEREAS, the State of Hawaii, through its Department of Education, stands ready to allow the County of Hawaii access to the grounds, facilities and equipment of its public schools for recreational purposes, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Mayor be and is hereby authorized to enter into the joint use agreement attached hereto between the County of Hawaii and the State of Hawaii. BE IT FURTHER RESOLVED that the County Clerk be and is hereby instructed to transmit copies of this resolution to Governor John A. Burns, Ralph H. Kiyosaki, Superintendent, Department of Education, Harry C. Chuck, District Superintendent of Hawaii District, Herbert S. Watanabe, Staff Specialist, Business & Facilities, Hawaii District, and to Mayor Shunichi Kimura. 1970. Dated at Hilo, Hawaii, this 7th day of January, INTRODUCED BY: COUNTY COUNCIL ROLL CALL VOTE AYES NOES A/E County of Hawaii Carpenter Hilo, Hawaii De Luz X I hereby certify that the foregoing RESOLUTION was by the vote indicated to Edwards X the right hereof adopted by the COUNCIL of the County of Hawaii on Greenwell X Matayoshi X January 7 , .1970 Souza X Yadao X ATTEST: Yamada x Chr. Hisaoka x Reference: e RfC+-6761FC-24 J ......... ........ ........................ Tadashi Suzuki Ikuo Hisaoka COUNTY CLERK CHAIRMAN & PRESIDING OFFICER M.B. No . ........ ......... ............................. ................. RESOLUTION NO. --• .............. .::................ IKUO HISAOKA Chairman 6 Presiding Officer COUNTY of HAWAII 25 AUPUNI STREET HILO, HAWAII 96720 January 8, 1970 DANTE K. CARPENTER Vice Chairman FRANK De LUZ, III RICHARD G. EDWARDS SHERWOOD R. H. GREENWELL HERBERT T. MATAYOSHI JAMES S. SOUZA JOSEPHINE R. YADAO ROBERT M. YAMADA Councilmen Mayor Shunichi Kimura County of Hawaii Hilo, Hawaii I hereby transmit a certified copy of Resolution No. 184 as adopted by the Hawaii County Council, and the original and thirteen copies of the agreement. COUNTY CLERK COUNTY OF HAWAII Encl. cc; P&R Director COUNTY of HAWAII 25 AUPUNI STREET HILO, HAWAII 96720 January 8, 1970 IKUO HISAOKA Chairman 6 Presiding Officer DANTE K. CARPENTER Vice Chairman FRANK De LUZ, 111 RICHARD G. EDWARDS SHERWOOD R. H. GREENWELL HERBERT T. MATAYOSHI JAMES S. SOUZA JOSEPHINE R. YADAO ROBERT M. YAMADA Councilmen Governor John A. Burns State Capitol Honolulu, Hawaii 96813 I hereby transmit a certified copy of Resolution No. 184 as adopted by the Hawaii County Council. A copy of the agreement referred to in the Resolution will be forwarded later. COUNTY CLERK COUNTY OF HAWAII Encl. COUNTY of HAWAII 25 AUPUNI STREET HILO, HAWAII 96720 January 8, 1970 IKUO HISAOKA Chairman & Presiding Officer DANTE K. CARPENTER Vice Chairman FRANK De LUZ, III RICHARD G. EDWARDS SHERWOOD R. H. GREENWELL HERBERT T. MATAYOSHI JAMES S. SOUZA JOSEPHINE R. YADAO ROBERT M. YAMADA Councilmen W. Ralph H. Kiyotaki 135rintendent of Education 0 Miller street Honolulu, Hawaii 96813 I hereby transmit a certified copy of Resolution No. _ 184 as adopted by the Hawaii County Council. A copy of the agreement referred to in the Resolution will be forwarded later. COUNTY CLERK COUNTY OF HAWAII Encl. cc: Mr. Harry C. Chuck Mr. Herbert Watanabe AGREEMENT OF JOINT USE THIS AGREEMENT, made and entered into this day of , 19 , by and between the STATE OF HAWAII, hereinafter referred to as the "State," by its Governor, JOHN A. BURNS, and the COUNTY OF HAWAII, hereinafter referred to as the "County," by its Mayor, SHUNICHI KIMURA; WI T N E S S E TH• WHEREAS, maximum utilization of public property used, intended or suitable for recreational purposes is both desirable and necessary in order for the citizens of Hawaii to realize and enjoy the optimum benefits of their tax revenues; and WHEREAS, the cooperative efforts of the State of Hawaii, through its Department of Education, and the County of Hawaii, through its Department of Parks and Recreation, in planning for the joint use of publicly -owned property used, intended or suitable for recreational purposes would provide thereby a more efficient and economical scheme of utilizing said property and thus afford to the residents of the County of Hawaii increased opportunities for the beneficial use and enjoyment of the same, NOW, THEREFORE, in consideration of the premises and in further consideration of the mutual agreements and covenants hereinafter contained, the parties hereby enter into the following agreement: I. DEFINITIONS For the purposes of this Agreement, the followa ng terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the plural number include the singular number, Ad words in the singular number include the plural number. A. "Party" shall refer to the Department of Parks and Recreation, County of Hawaii, or the Department of Education, State of Hawaii. , B. "Requesting Party" shall refer to the party requesting the loan of the property under the general control or ownership of the other party. C. "Lending Party" shall refer to the party which has loaned or been asked to loan property under its control and ownership. D. "Property" shall refer to the public grounds, buildings, facilities and equipment under the control and ownership of the County of Hawaii through its Department of Parks and Recreation or the State of Hawaii through its Department of Education and which is used, intended or suitable for recreational purposes. E. "Maintenance" shall mean the care, preservation and repair of the subject property so as to render it safe and suitable for its practical and ordinary uses. F. "Special -Activities" shall mean those activities which are not regularly scheduled annual activities. -2- 0 II. PURPOSE OF AGREEMENT This Agreement is for the purpose of identifying and enumerating the duties and responsibilities to be borne by the parties in their joint use of existing and future properties of the State and the County. The purpose will be accomplished and the common use exercised in the manner hereinafter set forth. III. MAINTENANCE Except when otherwise provided, each party shall be primarily responsible for the maintenance of all property under its control or ownership. IV. USE OF SCHOOL PROPERTY BY THE DEPARTMENT OF PARKS AND RECREATION OF THE MUNTY OF HAWAII The Board of Education, through its duly authorized officers, employees or agents shall, upon the request by the Department of Parks and Recreation of the County of Hawaii, make public school grounds, buildings, facilities and equipment available after school hours for use by the Department of Parks and Recreation whenever such can be done without interference with the normal and usual activities of the school and its pupils concerned. V. USE OF COUNTY PROPERTY BY THE DEPARTMENT OF EDUCATION The Department of Parks and Recreation of the County of Hawaii shall, whenever practicable and without unduly interfering with or -inconveniencing the recreational or other programs under its sponsorship or supervision, make available to the Department of Education, upon request, all property under its control or ownership and normally used for recreational purposes. -3- VI. REWEST FOR USE Every request by either party for the use of property under the ownership or control of the other party shall be made in the manner and at the timesspecified by joint agreement of both parties. Each party shall make a bona fide effort to comply with the requests of the other party and shall not, once permission to use is granted, revoke such permission without good and substantial cause, notice of which shall be given to the requesting party without delay. VII. GENERAL SCHEDULE OF USE The parties may meet to discuss and plan a general schedule of use of their property by designating specified days, weeks or months as being reserved for regularly scheduled annual activities. The general schedule shall serve as a guide in the planning and scheduling of special activities to avoid conflicts in the use of the particular property in demand. VIII. AGREEMENT TO MAINTAIN Either party may agree in writing to undertake the responsibilities of maintenance of any property it utilizes for a substantial period or periods of time and which is under the control or ownership of the other party and may also agree to pay the charges for utilities and supplies arising out of the use of such property. - IX. COST SHARING The party responsible for the maintenance of property under its control or ownership may charge the requesting party the reasonable costs of maintenance, utilities and supplies required and expended for the operation and safety of said property during the term of its use by the requesting party; provided, however, that a party which has agreed to undertake the responsibility of maintenance of the said property and/or to absorb the reasonable costs of utilities and supplies shall not be charged for the same. In addition to the above-mentioned charges, the lending party may assess the requesting party for any damages suffered as a result of the requesting party's use or occupation of the property, damages due to reasonable wear and tear excepted.. X. GENERAL CHARGES The parties may at any time agree to the imposition of a general charge for the use of designated properties in lieu of specific and individual billings for each separate use of the properties. XI. USE BY OTHER PARTIES This Agreement shall not preclude the use of the property of either party by other parties, either public or private, and good -faith efforts by both parties shall be undertaken to accommodate the needs of the other parties. Arrangements for the use of the property byother parties shall be made with the party who owns or controls the property in question, but in no event shall the lending party authorize the use of the property by the other parties when the use of the property has been previously secured by a party to this Agreement. -5- XII. SUPERVISION Each party shall assume the responsibilities of supervising and managing all activities which may take place upon or in the grounds, buildings and facilities loaned to it. During such time, all officers, employees or agents of the lending party whose services are requested by the requesting party shall be deemed the agents of the requesting party, and all acts performed by such agents shall be deemed for the benefit and under the control of the requesting party who shall assume all responsibility therefor. XIII. ADDITIONS AND IMPROVEMENTS Whenever feasible, the planning, development and/or improvement of the properties selected for joint use shall be mutually agreed to between the State through its Department of Education and its District Office, and the County through its Department of .Parks and Recreation. It is further understood that nothing contained herein shall preclude either or both parties from consulting with and considering the views and/or recommendations of other governmental agencies within their respective jurisdictions or with private consultants as the need may be. The expenses for retaining private consultants shall be absorbed by the party responsible for their retainment. Resources to develop these properties may be procured independently or jointly by either party. M All additions or improvements shall be maintained by the party who owns or controls the property to which the addition or improvement was made unless said maintenance has been expressly assumed by the other party through a written agreement to that effect. An agreement to maintain the property to which the additions or improvements have been made shall constitute an express agreement to also maintain all additions or improvements made thereto. XIV. LIABILITY Liability for any damages resulting from the negligent maintenance of the property mentioned herein shall be assumed by the party having the responsibility of maintaining said property at the time that the damages resulted. Liability for any damages resulting from the negligent supervision of activities occurring on or in the grounds, buildings or facilities mentioned herein shall be assumed by the party responsible for the sponsorship and/or supervision of the said activities. In no event, however, shall the assumption of the maintenance of the property or the supervision of the activities by a party not responsible therefor subject such party to liability for damages arising out of its negligent maintenance or supervision; provided, that the consent of the responsible -party to such assumption of maintenance or supervision was secured prior to or during said maintenance or supervision. -7- XV. AMENDMENTS There may be no modification of this Agreement, except in writing, executed with the same formalities as this instrument. XVI. CANCELLATION BY EITHER PARTY This Agreement shall continue in force and govern all transactions between the parties hereto until canceled or terminated by either party, but it is agreed that either party shall have the privilege, with or without cause, to cancel and annul this Agreement at any time upon written notice by registered mail, or personal delivery of notice to the other party. IN WITNESS WHEREOF, the parties hereto have executed these presents on the day and year first above written. STATE OF HAWAII APPROVED AS TO FORM By. AND LEGALITY: JOHN A. BURNS Its Governor Attorney General State of Hawaii APPROVED AS TO FORM .AND LEGALITY: Corporation Counsel County of Hawaii DEPARTMENT OF EDUCATION By RALPH H. KIYOSAKI Its Superintendent COUNTY OF HAWAII By SHUNICHI KIMURA Its Mayor County ofHawaii—State of Hawaii Resolution WHEREAS, the County of Hawaii is ever -mindful of the needs and desires of its residents and is anxious to provide them with the quality environment of which they are so deserving; and WHEREAS, by providing its residents with increased opportunities to enjoy and take advantage of public recreational grounds, facilities and equipment, the people of Hawaii County will realize greater benefits to their health and general welfare; and WHEREAS, the State of Hawaii, through its Department of Education, stands ready to allow the County of Hawaii access to the grounds, facilities and equipment of its public schools for recreational purposes, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Mayor be and is hereby authorized to enter into the joint use agreement attached hereto between the County of Hawaii and the State of Hawaii. BE IT FURTHER RESOLVED that the County Clerk be and is hereby instructed to transmit copies of this resolution to Governor John A. Burns, Ralph H. Kiyosaki, Superintendent, Department of Education, Harry C. Chuck, District Superintendent of Hawaii District, Herbert S. Watanabe, Staff Specialist, Business & Facilities, Hawaii District, and to Mayor Shunichi Kimura. 1970. Dated at Hilo, Hawaii, this 7th day of January, COUNTY COUNCIL County of Hawaii Hilo, Hawaii INTRODUCED BY: 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. ......................January 7, 1970.................. ATTEST: 2e, Tadashi Suzuki Ikuo Hisaoka COUNTY CLERK CHAIRMAN & PRESIDING OFFICER ,I 1TY . 0 HAWAII /� ROLL CALL VOTE I I AYES I NOES A/E I Carpenter De Luz X Edwards X Greenwell X Motayoshi X Souza X Yadao X Yamada X Chr. Hisaoka X 9 Reference:...... C-676�FC724...................... M.B. No. ............................ ......................... .. > .I RESOLUTION NO. .............._.._.-...... ......