HomeMy WebLinkAboutRES 036 Draft 01 2012-2014 ''
COUNTY OF HAWAII "'"��' � `"I'
STATE OF HAWAII
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RESOLUTION NO. 36 13
RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE JUDICIARY, STATE OF
HAWAII, AND ACCEPTING THE DONATION OF THE NORTH KOHALA
COURTHOUSE, BEING LOCATED ON TAX MAP KEY: (3)5-4-005-001, SITUATED
AT KAPA'AU, DISTRICT OF NORTH KOHALA, COUNTY AND STATE OF
HAWAII, FROM THE JUDICIARY, STATE OF HAWAII
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS, the County of Hawai`i, hereinafter "County", acquired the parcel located in
Kapa`au, District of North Kohala, County and State of Hawai`i, Tax Map Key (3)5-4-005-001
from Kohala Sugar Company by deed recorded on March 31, 1920; and
WHEREAS, the Judiciary, State of Hawai`i, hereinafter, "Judiciary" built the North
Kohala Courthouse on the County's parcel Tax Map Key (3)5-4-005-001 in or about 1975; and
WHEREAS, the Judiciary on October 29, 2012 informed the County of its offer to
donate the North Kohala Courthouse building to the County; and
WHEREAS, the Judiciary will transfer ownership of the Courthouse building to the
County on an"AS IS" and "WHERE IS" basis with no cost to the County; and
WHEREAS, the Department of Parks and Recreation will accept this building for use in
conjunction with its present facility located on the adjacent parcel; and
WHEREAS, pursuant to Section 46-7, Hawai`i Revised Statutes, this Council's consent is
required to enter into an intergovernmental agreement to accept this donation; and
WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter and Article 30 of
the Hawai`i County Code provide that the council may accept gifts, which include the donations
of land and improvements thereon, on behalf of the County of Hawai`i; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that
pursuant to Section 46-7, Hawai`i Revised Statutes, the County may enter into the Memorandum
of Agreement by and between the County of Hawaii and the Judiciary, State of Hawai`i,
attached hereto as Exhibit "A".
BE IT FURTHER RESOLVED that in accordance with Article XIII, Section 13-12 of
the Hawai`i County Charter and Article 30 of the Hawai`i County Code, the County of Hawai`i
accepts the Judiciary's North Kohala Courthouse, situated at 54-3900 Akoni Pule Highway,
Kapa'au, in the District of North Kohala, County and State of Hawai`i, specifically identified as
Tax Map Key: (3)5-4-005-001, more particularly described and delineated on Exhibit"B"
attached hereto, as-is and where-is, for public purposes.
BE IT FURTHER RESOLVED that a letter of appreciation and a copy of this
resolution be sent to Office of the Administrative Director of the Courts, State of Hawai`i
Judiciary, Attn: Rodney A. Maile, Director, 417 South King Street, Ali`iolani Hale, Honolulu,
Hawai`i 96813, acknowledging this generous donation.
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to:
(1) Mayor William P. Kenoi; (2) Department of Finance; (3) Department of Parks and
Recreation; and (4) Craig T. Masuda, Deputy Corporation Counsel, Office of the Corporation
Counsel.
Dated at Kona , Hawai`i, this 23rd day of January , 2013.
INTRODUCED BY:
1 ' /v .
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EOFF X
FORD X
I hereby certify that the foregoing RESOLUTION was by ILAGAN X
the vote indicated to the right hereof ado ted by the COUNCIL of the KANUHA X
County of Hawaii on January 23, 2013 .
KERN X
ONISHI X
ATTEST: POINDEXTER X
WILLE X
YOSHIMOTO X
I �_ 8 0 1 0
0 r �►,, ' Reference: C-60/FC-25
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 36 13
2
Exhibit "A"
MEMORANDUM OF AGREEMENT
BY AND BETWEEN THE
COUNTY OF HAWAII AND THE JUDICIARY, STATE OF HAWAII
This MEMORANDUM OF AGREEMENT ("Agreement"), is made this
day of , 201 (the "Effective Date") by and between the COUNTY OF
HAWAII, a municipal corporation of the State of Hawai`i, whose principal place of business
and mailing address is 25 Aupuni Street, Hilo, Hawai`i 96720 ("County"), and THE
JUDICIARY, STATE OF HAWAII, 417 South King Street, Ali`iolani Hale,Honolulu, Hawai`i
96813 ("Judiciary").
I. RECITALS
WHEREAS, on March 31, 1920 the County of Hawai`i acquired the parcel Tax Map Key
(3) 5-4-005-001 located at Akoni Pule Highway, Kapa'au, County and State of Hawai`i from the
Kohala Sugar Company; and
WHEREAS, in or about 1975, the Judiciary built the present North Kohala Courthouse;
however no formal use agreement or other documentation stating how or why the Judiciary was
occupying County lands could be located; and
WHEREAS, on October 29, 2012 , Rodney Maile, Administrative Director of the Courts,
the Judiciary, State of Hawai`i, notified the County that the Judiciary no longer uses the North
Kohala Courthouse and offered to donate the structure to the County without cost; and
WHEREAS, the Department of Parks and Recreation has expressed interest in adding the
North Kohala Courthouse to its inventory of properties in Kapa'au to be used for recreation and
elderly activity purposes.
EXHIBIT "A"
II. AGREEMENT
NOW, THEREFORE, in consideration of the premises and covenants contained herein,
the receipt and sufficiency of which are hereby acknowledged by the parties herein, the parties
hereto, for themselves and their representative successors and assigns, mutually agree as follows:
1. The Judiciary hereby transfers and grants ownership and possession of the North
Kohala Courthouse located at Akoni Pule Highway, Kapa'au, County and State of
Hawaii, Tax Map Key (3) 5-4-005-001, to the County of Hawaii.
2. That Judiciary does not make any representation or warranty as to the physical
condition of the structure, and that such transfer is AS IS and WHERE IS
condition without further warranty.
3. That such transfer is without cost or fee to the County of Hawai`i.
4. Upon the effective date of this Agreement, the County of Hawaii assumes sole
ownership and control of the North Kohala Courthouse.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
THE JUDICIARY, STATE OF HAWAII
By
Name:
Title:
COUNTY OF HAWAII
By
RECOMMEND APPROVAL:
Director of Parks & Recreation
APPROVED AS TO FORM
AND LEGALITY:
CRAIG T. MASUDA 2
Deputy Corporation Counsel
STATE OF HAWAI`I )
) SS.
COUNTY OF HAWAII )
On this day of , 201_before me personally appeared
WILLIAM P. KENOI, to me personally known, who, being by me duly sworn, did say that he is
the Mayor of the County of Hawai`i, a municipal corporation of the State of Hawai`i, that the
seal affixed to the foregoing instrument is the corporate seal of said County of Hawai`i, the
foregoing instrument was signed and sealed on behalf of the County of Hawai`i by authority
given to said Mayor of the County of Hawai`i by Sections 5-1.3 and 13-13 of the County
Charter, County of Hawai`i (2010), as amended, and said WILLIAM P. KENOI acknowledged
said instrument to be the free act and deed of said County of Hawai`i.
Signature
Print or Type Name
Notary Public, State of Hawai`i
My Commission Expires:
NOTARY CERTIFICATION
Doc. Date:
No. of Pages:
Circuit
Notary Name:
Doc. Description:
Notary Signature Date
3
Exhibit "B"
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