The URL can be used to link to this page

Home My WebLink AboutRES 087 Draft 01 2012-2014 COUNTY OF HAWAII •EPA. /i•' STATE OF HAWAII r�rE o�,N',M► RESOLUTION NO. 87 13 A RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE ARMY, PURSUANT TO HRS SECTION 46-7, TO USE A BUILDING ON KILAUEA MILITARY CAMP TO OPERATE A FIRE STATION. WHEREAS, Kilauea Military Camp, under the jurisdiction of the U.S. Department of the Army, is located within Hawai`i Volcanoes National Park; and WHEREAS, since September 15, 2010, the Hawai`i Fire Department has been allowed use of Building 59 on Kilauea Military Camp for the purpose of maintaining and operating the Volcano Fire Station; and WHEREAS, the Department of the Army desires to allow the Hawai`i Fire Department to continue to use Building 59 and has proposed a License Agreement to formalize this arrangement; and WHEREAS, the Hawai`i Fire Department wishes to enter into this License Agreement and continue to use Building 59; and WHEREAS, the consideration for use of Building 59 shall be the operation and maintenance of the premises as a fire station for the benefit of the general public in accordance with the terms and conditions set forth in the License Agreement; and WHEREAS, the License Agreement shall be for a term beginning September 15, 2010, and ending August 31, 2015; and WHEREAS, pursuant to Section 46-7, Hawai`i Revised Statutes, this Council's consent is required to enter into agreements with the Federal or State governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend and receive and funds, or other assistance in connection with projects being or to be undertaken pursuant to those powers; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in accordance with Section 46-7, Hawai`i Revised Statutes, the County may enter into the License Agreement by and between the County of Hawai`i and the Department of the Army, attached hereto as Exhibit"I". BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this resolution to the Office of the Mayor and the Hawaii Fire Department. Dated at Hilo , Hawaii, this 9th day of April , 2013. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i EUFF X FORD X I hereby certify that the foregoing RESOLUTION was by ILAGAN X the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA County of Hawai`i on April 9, 2013 X KERN X ONISHI X ATTEST: POINDEXTER X WILLE X YOSHIMOTO X 9 0 0 0 Reference: C-198/FC -53 OUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 87 1.3 2 Exhibit "I" License No. DACA84-3-13-10 DEPARTMENT OF THE ARMY LICENSE Kilauea Military Camp (KMC) Fire Station County of Hawaii, Hawaii - THE SECRETARY OF THE ARMY, hereinafter referred to as the Secretary,under- his general administrative powers, hereby grants to the County of Hawaii, Fire Department hereinafter referred to as the Grantee, a license authorizing the use of Building 59 and circa 4,000 square feet of space for the purpose of maintenance and operation of a fire station on Kilauea Military Camp over, across, in and upon lands of the United States, as identified in Exhibit "A", attached hereto and made a part hereof, hereinafter referred to as the premises. THIS LICENSE is granted subject to the following conditions: 1. TERM This license is granted for a term of five (5) years, beginning September 15, 2010, and ending August 31, 2015, but revocable at will by the Secretary. 2. CONSIDERATION The consideration for this License shall be the construction, operation and maintenance of the premises for the benefit of the general public in accordance with the terms and conditions hereinafter set forth. 3. NOTICES All correspondence and notices to be given pursuant to this license shall be addressed, if to the Licensee, to County of Hawaii, Fire Department, 25 Aupuni Street, Suite 2501, Hilo, HI 96720, Attn:Darren Rosario , Fire Chief and, if to the United States, to the District Engineer, Attention: Chief, RealEstate Branch{CEPOH-PP-R), Bldg 230, fort Shaffer, HI 96857-5000; or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited postage prepaid in a post office regularly maintained by the United States - Postal Service. 4. AUTHORIZED REPRESENTATIVES • Except as otherwise specifically provided, any referenoe herein to "Secretary", "District Engineer", "Installation Commander", or "said officer" shall include their duly - General Purpose License 1 July 1997. • authorized representatives. Any reference to "grantee" shall include any duly authorized representatives. 5. SUPERVISION BY THE DISTRICT ENGINEER The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer, Honolulu District hereinafter referred to as said officer, and to such rules and regulations as may be prescribed from time to time by said officer. 6. APPLICABLE LAWS AND REGULATIONS The grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located. 7. CONDITIONAL USE BY GRANTEE The exercise of the privileges herein granted shall be: a. without cost or expense to the United States; b. subject to the right of the United States to improve, use or maintain the premises; c. subject to other outgrants of the United States on the premises; d. personal to the grantee, and this license, or any interest herein, may not be transferred or assigned. 8. CONDITION OF PREMISES The grantee acknowledges that it has inspected the premises, knows its condition, and understands that the same is granted without any representations or warranties whatsoever and without any obligation on the part of the United. 9. COST OF UTILITIES The grantee shall pay the cost, as determined by the officer having immediate supervision over the premises, of producing and/or supplying any utilities and other services furnished by the Government or through Government-owned facilities for the use of the grantee, including the grantee's proportionate share of the cost of operation and maintenance of the Government-owned facilities by which such utilities or services are produced or supplied. The Government shall be under no obligation to furnish utilities or services. Payments shall be made in the manner prescribed by the officer having such jurisdiction. General Purpose License 2 1 July 1997 • • 10. PROTECTION OF PROPERTY The grantee shall keep the premises in good order and in a clean, safe condition by and at the expense of the grantee. The grantee shall be responsible for any damage that may be caused to property of the United States by the activities of the grantee under this license, and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the grantee to a condition satisfactory to said officer, or at the election of said officer,. reimbursement made therefore by the grantee in an amount necessary to restore the property to a condition satisfactory to said officer. 11. INDEMNITY The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the grantee, or for damages to the property or injuries to the person of the grantee's officers, agents, or employees or others who may be on the premises at their invitation or the invitation of any one of them, and the grantee shall hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors. 12. RESTORATION On or before the expiration of this license or its termination by the grantee, the grantee shall vacate the premises, remove the property of the grantee, and restore the premises to a condition satisfactory to said officer. If, however, this license is revoked, the grantee shall vacate the premises, remove said property and restore the premises. to the aforesaid condition within such time as the District Engineer may designate. In either event, if the grantee shall fail or neglect to remove said property and restore the premises, then, at the option of said officer, the property shall either become the property of the United States without compensation therefor, or said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The grantee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation, or termination of this license in restoring the premises. 13. NON-DISCRIMINATION a. The grantee shall not discriminate against any person or persons because of race, color, age, sex, handicap, national origin or religion. b. The grantee, by acceptance of this easement, is receiving a type of federal assistance and, therefore, hereby gives assurance that it will comply with the provisions General Purpose License 3 1 July 1997 of Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C. § 2000d); the Age Discrimination Act of 1975 (42 U.S.C. § 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 195) issued as Department of Defense Directive 5500.11 and 1020.1, and Army Regulation 600-7. This assurance shall be binding on the grantee, its agents, successors, transferees, and assignees. 14. TERMINATION This license may be terminated by the grantee at any time by giving the District Engineer at least ten (10) days notice in writing provided that no refund by the United States of any consideration previously paid shall be made and provided further, that in the event said notice is not given at least ten (10) days prior to the rental due date, the grantee shall be required to pay the consideration for the period shown in the Condition on CONSIDERATION. 15. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this license shall protect the premises against pollution of its air, ground and water. The grantee shall comply with any laws, regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by said Environmental Protection Agency, or any Federal, state, interstate or local governmental agency are hereby made a condition of this license. The grantee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The grantee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the grantee's activities, the grantee shall be liable to restore the damaged resources. c. The grantee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. 16. HISTORIC PRESERVATION The grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archaeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the grantee shall immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. General Purpose License 4 1 July 1997 17. DISCLAIMER This license is effective only' insofar as the rights of the United States in the premises are concerned; and the grantee shall obtain any permit or license which may be required by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this license does not preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 U.S.C. § 403), and Section 404 of the Clean Waters Act (33 U.S.C. § 1344). THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS WHEREOF I have hereunto set my hand by authority/direction of the Secretary of the Army this day of Michael Y. Sakai Realty Contracting Officer U.S. Army Corps of Engineers Honolulu District THIS LICENSE is also executed by the grantee this day of William P. Kenoi Mayor - County of Hawaii • General Purpose license - Li 5 1 July 1997 19°434086,®155.275565 - Google Maps Page 1 of 17 EXHIBIT A To see all the details that are visible on the screen,use the"Print"link next to the map. I gg } ' rwgle- 2127'2013 1ittp://rrtaps.google.corn/