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Home My WebLink AboutRES 344 Draft 01 2012-2014 .•JM�vosp, COUNTY OF HAWAII '('‘_ j STATE OF HAWAII . •�Tt Oi RESOLUTION NO. 344 14 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII, HAWAII PUBLIC HOUSING AUTHORITY, AND AUTHORIZING THE PAYMENT FOR A MULTI-YEAR CONTRACT FOR THE USE OF THE PAHALA SENIOR CENTER LOCATED AT 96-1169 HOLEI STREET, PAHALA, KA`U, HAWAII 96777, TAX MAP KEY NO. 9-6-17:37. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, the State of Hawai`i, Hawai`i Public Housing Authority is the owner of the Pahala Senior Center, 96-1169 Holei Street, Pahala, Ka`u, Hawai`i 96777, Tax Map Key No. 9- 6-17:37; and WHEREAS, the County of Hawai`i, Department of Parks and Recreation desires to enter into an agreement for a multi-year period to use this facility for various activities for the neighborhood community such as: congregate dining, information and assistance, classes and workshops, and meetings and assessments; and WHEREAS, pursuant to Hawai`i Revised Statutes Section 46-7 this Council's consent is required to enter into this intergovernmental agreement for use of this State facility; and WHEREAS, Section 10-11 of the Hawai`i County Charter requires that any contract, lease or other obligation requiring payment of funds from the appropriations of a later fiscal year or of more than one fiscal year be approved by resolution; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Mayor, pursuant to Hawai`i Revised Statutes Section 46-7 and Section 10-11 of the Hawai`i County Charter, is hereby authorized to enter into the multi-year Facility Lease Agreement between the State of Hawaii, Hawaii Public Housing Authority and the County of Hawaii, attached hereto as Exhibit "A". BE IT FURTHER RESOLVED that a letter of appreciation and a copy of this resolution be sent to the State of Hawaii, Hawaii Public Housing Authority. BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to: (1) Mayor William P. Kenoi; (2) the Department of Parks and Recreation; (3) State of Hawaii, Hawaii Public Housing Authority, 1002 North School Street, Honolulu, Hawaii 96817, and (4) Craig T. Masuda, Deputy Corporation Counsel, Office of the Corporation Counsel. Dated at Kona , Hawai`i, this 16th day of April , 2014 INTRODUCED BY: 7��C,? COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii EOFF FORD 1 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 16, 201_4 X KERN X ONISHI X ATTEST. POINDEXTER X WILLS X YOSHIMOTO X 9 0 0 0 Reference: C-747/FC -144 COUNTY CLERK CHAIRPERSON& PRESIDING OFFICER RESOLUTION NO 344 14 2 FACILITY LEASE AGREEMENT THIS FACILITY LEASE AGREEMENT(hereinafter the "Lease Agreement")is made this day of , ,by and between the HAWAII PUBLIC HOUSING AUTHORITY, a public body and a body corporate and politic, whose address is 1002 North School Street, Honolulu, Hawai`i 96817(hereinafter the"Lessor")and 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, Hawaii 96720(hereinafter the"Lessee"). WITNESSETH: The Lessor,for and in consideration of the terms, covenants and conditions contained herein,all to be kept, observed and performed on the part of the Lessee, does hereby lease to the Lessee the following premise and more particularly described in Exhibit 1, attached hereto and made a part of this Lease Agreement(hereinafter the"Facility"). Pahala Senior Center, 96-1169 Holei Street,Pahala, Ka`u, Hawai`i 96777, Tax Map Key No. 9-6-17:37, consisting of the main hall/kitchen area, (2)office areas and rest rooms. Together with any and all easements and rights-of-way that the Lessor has to provide access to the leased premise, from 7:00 am to 1:45 pm on an exclusive basis Monday,Tuesday, Wednesday,Thursday, and Friday. 1. Term. The lease term shall be for Three(3)years,commencing on July 1, 2013 and ending on June 30,2016, with two(2)possible renewal extensions of one(1)year increments for a total of five years(hereinafter the"lease term"). 2. Rent. The Lessor shall not charge a rental fee to the Lessee during the term of this Lease. 3. Quiet Enjoyment. Except as otherwise provided in this Lease Agreement,the Lessor covenants and agrees with the Lessee that upon the Lessee's observance and performance of the covenants,terms, and conditions of the Lease Agreement,the Lessee shall peacefully and quietly have, hold and enjoy the Facility for the lease term and any extension of the Lease Agreement. Pahala Senior Center Page 1 EXHIBIT "A" 4. "As Is—Where Is"and With All Faults Condition. The Lessee shall stipulate, agree and accept the Facility in"As Is—Where Is" and with all faults condition. By taking possession of the Facility,the Lessee acknowledges that the Facility is in good order and repair, and is safe, clean and habitable. 5. Use of Facility. The Lessee shall use the Facility solely for the purpose of conducting various activities for the neighborhood community such as: congregate dining, information and assistance, classes and workshops,meetings and assessments. Any other activity shall be at the Lessor's sole discretion and approval. The Lessee shall not make and shall not permit any use of the Facility,which is illegal,hazardous or unsafe, which may invalidate or increase the premium of any policy of insurance for the Facility, or which may increase the Lessor's liability. 6. Inspection. The Lessor reserves the right to enter into and inspect the Facility during the lease term. The Lessee shall permit the Lessor and its designated agents at all reasonable times to enter the Facility to inspect,repair and/or make alterations/renovations to the Facility. The Lessor shall give a 2 week notification if displacement is necessary. 7. Sublease. The Lessee shall not sublet, assign or transfer the Facility or any portion of the Facility to any other person. The Lessor reserves the right to terminate this Lease Agreement, if the Lessee sublets, assigns or transfers or attempts to sublet, assign or transfer the Facility or any portion of the Facility. 8. Utility Services. In no event shall the Lessor be responsible for interruption or failure in the supply of any utilities to the Facility. Such interruption or failure shall not allow the Lessee to offset any rent or other charges payable by the Lessee to the Lessor. Utility services for the Facility shall be paid as follows: It is mutually agreed that the Lessee shall pay the Lessor for the electrical utility service charges in the amount of ONE HUNDRED AND TWENTY-FIVE AND NO/100 DOLLARS ($125.00)per month for the facility. It is also mutually agreed that the Lessee shall pay the Lessor for the water utility service charges in the amount of TWENTY-FIVE AND NO/100 DOLLARS ($25.00)per month for the facility. 9. Maintenance. The Lessor shall maintain,repair,replace and restore the common areas,the exterior and the structure of the building in which the leased premises are located. Pahala Senior Center Page 2 The Lessee shall provide janitorial services to the leased premises, from 8:00 am to 5:00 pm on an exclusive basis Monday,Tuesday, Wednesday, Thursday,and Friday. 10. Improvements. The Lessee shall not improve or alter the Facility in any manner whatsoever without the prior written consent of the Lessor. The Lessee shall submit plans and designs for any improvements to the Lessor for written approval. 11. Insurance. The Lessee is self-insured and no additional insurance policy is required. Lessee shall defend and hold harmless the Lessor, its successors and assigns, from and against any and all actions,claims, suits, damages or costs arising out of or causally result from the operation, Lessee maintenance,or use of the leased premises occurring during the term of the lease. 12. Costs of Covenant Enforcement and Collection. The Lessee shall pay all costs, including reasonable attorney's fees, and expenses which may be incurred by or paid by the Lessor in enforcing the covenants,terms and conditions of this Lease Agreement in recovering possession of the Facility, or in the collection of taxes, utility services and any and all other charges. 13. Covenant Against Discrimination. The Lessee covenants that the use and enjoyment of the Facility shall not be in support of any policy which discriminates against anyone based upon race, creed,sex, color,national origin,religion,marital status,familial status, ancestry,physical handicap, and disability. 14. Assumption of Risk by the Lessee(s). This assumption of risk by the Lessee has been bargained for in determining rent and other obligations of the Lessee under this Lease Agreement. The Lessor shall not be liable to the Lessee for any damage in connection with electricity, plumbing,gas, water, sprinkler or other pipes and sewage system, or by the bursting, leaking or overflowing or running of any tank, washstand, closet or waste or other pipes in or about the Facility or any adjacent buildings. The Lessor shall not be liable to the Lessee for any damage in connection with water coming into the Facility from any source whatsoever, or for any damage arising from acts or neglect of co-tenants or other occupants of the Facility, or of adjacent property or the public. All property of the Lessee kept or stored on the Facility shall be so kept or stored at the sole risk of the Lessee. 15. Non-Warranty. The Lessor does not warrant the condition of the Facility, as the same is being leased"As Is—Where Is"and with all faults condition. The Lessor does hereby lease, transfer, set over and deliver unto the Lessee, "As Is—Where Is"with all faults condition, without any warranty or representation, regarding the quality or condition of the Facility leased under this Lease Agreement or its fitness for any particular use. Pahala Senior Center Page 3 16. Hazardous Materials. The Lessor affirms, upon due diligence,that the premises are free of hazardous materials. Lessor warrants that it has not received written notice from any governmental authority having jurisdiction over the premises that the premises is in violation of the Comprehensive Environmental Response, Compensation and Liability Act of 1989, as amended("CERCLA"),the Resources Conservation and Recovery Act of 1976, as amended("RCRA"),the Toxic Substance Control Act, as amended,the Hazardous Materials Transportation Act, as amended,or any statue governing underground storage tanks or asbestos. Lessor represents and warrants that to Lessor's actual knowledge (without undertaking any investigation or inquiry)the premises do not contain any hazardous or toxic materials prohibited by law. Lessor shall indemnify and hold harmless the Lessee from and against any and all claims, demands or losses in connection with the release of hazardous or toxic materials caused by Lessor. Lessee shall indemnify and hold harmless the Lessor from and against all claims, demands or losses in connection with the release of hazardous or toxic materials caused by Lessee, its agents or employees. 17. Americans with Disabilities Act. Lessor and Lessee understand Lessee, as a government entity, is required to comply with the Americans with Disabilities Act,hereinafter"ADA". Lessor herein expressly warrants that all access from the parking area and common areas to the premises are in compliance with the aforesaid ADA, and that if there are comfort stations in the common areas open to the public,those comfort stations are in compliance with the aforesaid ADA. Should it be later determined that the premises are not ADA compliant Lessor shall be responsible for all construction of accessibility improvements which may be necessary to be in compliance with this law. 18. Condemnation. During the lease term or any extension of the Lease agreement, if any portion of the Facility should be condemned, or required for public purposes by any duly authorized governmental entity,the Lessee shall not by reason of the condemnation be entitled to any claim against the Lessor for condemnation or indemnity for the leasehold interest of the Facility. All compensation payable or to be paid for or on account of the leasehold interest of the Facility. All compensation payable or to be paid for or on account of the leasehold interest of the Facility by reason of the condemnation shall be payable to and be the sole property of the Lessor. Where the portion taken renders the remainder unsuitable for the use or uses for which the Facility was leased,the Lessee shall have the option to surrender this Lease Agreement and be discharged and relieved from any further liability. 19. Extension. The Lessor shall have the option to extend this Lease Agreement of the Facility with two (2)possible renewal extensions of one(1)year increments for a total of five years. The Lessee shall give the Lessor sixty(60)days written notice prior to the expiration of the lease term requesting Lessor to extend the Lease Agreement. Pahala Senior Center Page 4 20. Termination. The Lessor shall have the right to terminate this Lease Agreement or any extension for any reason. The termination shall be effected by the Lessor giving the Lessee thirty(30)days written notice by personal service, registered mail or certified mail at the Lessee's last known address or by publication, if the Lessee's last address is unknown. If termination is due to any default by Lessee,Lessee shall have ten(10)days from the receipt of the notice to correct any default or a longer period of time only upon agreement and by written approval of the Lessor. 21. Surrender. At the end of the lease term or any extension of the Lease Agreement or upon earlier termination of this Lease Agreement,the Lessee shall peaceably deliver possession of the Facility unto the Lessor. The Lessor shall permit the Lessee, upon termination of this Lease or termination of any renewal thereof,to remove its equipment and fixtures; provided,however,that such removal shall not injure the leased premises, and all such removal shall be accomplished prior to the expiration of the term of this lease or termination of any renewal thereof. 22. Compliance with Laws, Rules and Regulations. The Lessee shall observe and comply with all existing laws, ordinances, rules and regulation of the federal, state, municipal or county governments applicable to or affecting the Facility, as may be amended from time to time, or subsequently enacted. 23. Hawaii Law. This Lease Agreement shall be construed, interpreted, and governed by the laws of the State of Hawaii. 24. Partial Invalidity. Any term, provision,covenant or condition of this Lease Agreement held to be invalid,void or unenforceable shall in no way affect, impair and/or invalidate the remainder of this Lease Agreement, which shall continue in full force and effect. This space intentionally left blank Pahala Senior Center Page 5 IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed as of the day and year first above written. RECOMMEND APPROVAL: HAWAII PUBLIC HOUSING AUTHORITY("Lessor") By: Clayton S. Honma, Director Its: Executive Director Department of Parks and Recreation County of Hawai`i APPROVED AS TO APPROVED AS TO FORM: FORM AND LEGALITY: Deputy Corporation Counsel Deputy Attorney General County of Hawai`i Dated: Dated: COUNTY OF HAWAI`1("Lessee") By: Its: This space intentionally left blank Pahala Senior Center Page 6 STATE OF HAWAII ) ) SS. On ,before me appeared to me personally known, who, being by me duly sworn, did say that he/she is the of the HAWAII PUBLIC HOUSING AUTHORITY,that said instrument was signed on behalf of the HAWAII PUBLIC HOUSING AUTHORITY by authority of its Board of Directors(if applicable); and that acknowledged said instrument to be the free act and deed of the HAWAII PUBLIC HOUSING AUTHORITY. Signature Print or Type Name Notary Public, State of Hawai`i My Commission Expires: Doc. Date: No. of Pages: Notary Name: Third Judicial Circuit Doc. Description: Notary Signature Date Exhibit 1 _ 41` 4111 4"‘ 1% #A4 110\ Nir 4, 4.1\ tos v1-4 c\ * N.° \ \ c,7 cn NN fitykr krifij A \ Pitt Ohla St. Pahala Elderly, HA 1-45 96-1169 Kou St., Pahala, Hawaii TMK: 9-6-17:37