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HomeMy WebLinkAboutRES 533 Draft 01 2014-2016 JNYY Os M+4'i COUNTY OF HAWAII •: .�/:• STATE OF HAWAII • ,TE Of Aso'_... , RESOLUTION NO. 533 16 RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO NEGOTIATE A LEASE OF REAL PROPERTY, KAPULENA AGRIGULTURE PARK, SITUATE AT HAMAKUA, COUNTY AND STATE OF HAWAII, IDENTIFIED AS TAX MAP KEYS: (3) 4-7-006:001 AND (3) 4-7-006:018, TO THE HAMAKUA COUNTY FARM BUREAU WHEREAS, the County of Hawai`i (hereinafter"County") holds fee simple title to real property described as Kapulena Agricultural Park, which constitutes approximately one thousand, seven hundred (1,700) acres, plus or minus, of raw agriculturally zoned land and which is comprised of the following parcels of real property identified by the following Tax Map Key Numbers (hereinafter "TMK"): a portion of(3) 4-7-005:01, 02 & 03; and (3) 4-7-006:01, 05, 06, 07, 10, 18 & 20; and WHEREAS, Hamakua County Farm Bureau (hereinafter"HCFB"), a non-profit subordinate organization of Hawai`i Farm Bureau Federation, desires to lease TMKs (3) 4-7-006:001 and (3) 4-7-006:018, consisting of 441 acres, plus or minus, and delineated in red on Exhibit "A", for purposes of pasture development, livestock grazing, silviculture and other related activities; and WHEREAS, in 1994, the Council of the County of Hawai`i agreed to accept approximately four thousand four hundred (4,400) acres of land by Commissioner's Quitclaim Deed as a settlement of retroactive real property taxes among Western Farm Credit Bank, the County and Hamakua Sugar Company, Inc.; and WHEREAS, the Council of the County of Hawai`i, pursuant to Resolution No. 196-97, adopted on January 16, 1998, requested that the Mayor develop a disposition plan for the former Hamakua Sugar Company, Inc. lands now under County ownership; and WHEREAS, the Council of the County of Hawai`i, pursuant to Resolution 113-99, adopted on September 9, 1999, specifically authorized the Finance Director or his authorized representative to dispose of the parcels of former Harnakua Sugar Company, Inc. lands including TMKs (3) 4-7-006:001 and (3) 4-7-006:018; and WHEREAS, the Hamakua District of the Big Island has historically been heavily engaged in local agricultural pursuits including, but not limited to, the raising of cattle, the cultivation of macadamia nuts, fruits, vegetables and flowers, aquaculture and forestry, as well as several processing plants that utilize locally grown and raised produce and livestock; and WHEREAS, diversification of the Island of Hawai`i agriculture industry has led to smaller operations producing an ever increasing assortment of agriculture products, while simultaneously facing the challenge of obtaining suitable land for those agricultural pursuits; and WHEREAS, HCFB plans to develop a grazing entity whose ranching members will jointly provide cattle to graze pastures developed at Kapulena Agricultural Park and to demonstrate a joint ownership grazing strategy that can benefit multiple cattle producers, transform former cane lands into improved pastures and increase the production of locally raised grass finished beef; and WHEREAS, the goal of the lease with HCFB is to use a portion of the Kapulena Agricultural Park as a model for ranchers to work cooperatively to increase the development of grass finish beef and encourage other land owners to consider local grass finished beef production as an appropriate and sustainable use of their lands; and WHEREAS, HCFB is one of the eleven (11) county member chapters that make up the Hawai`i Farm Bureau Federation, a 501 (c) (5) non-profit organization representing and unifying the agricultural communities in the State of Hawai`i whose membership is dedicated to improving the quality of life on farms, ranches, and their rural communities, and whose mission is to be the voice of agriculture; to protect and advance the social, economic and educational interests of Hawaii's agricultural producers; and to ensure the protection and health of Hawaii's agricultural resources and the environment today and in the future. Additionally, HCFB is a member of the American Farm Bureau Federation, which represents more than 5.6 million farmers and ranchers at the national and international levels; and WHEREAS, Article 19, Section 2-120 (a) (2) of the Hawaii County Code, provides that the Council of the County of Hawai`i may, by resolution approved by a majority of members, direct the finance director to negotiate the disposition of real property by leasing it to nonprofit organizations, at such rentals and on such terms and conditions as deemed proper; and WHEREAS, Article 19, Section 2-120 (b) provides such lease of real property to nonprofit organizations may be made without notice or appraisal as required in Chapter 2, Article 19 of the Hawaii County Code; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that under Chapter 2, Article 9, Section 2-120 (a) (2) of the Hawai`i County Code, the Director of Finance is hereby authorized to negotiate a 10-year lease, with an option to renew for an additional 10-year term, with the Hamakua County Farm Bureau, a nonprofit organization, without notice or appraisal, for approximately 441 acres of property identified as Tax Map Key Numbers (3) 4-7-006:001 and (3) 4-7-006:018; and BE IT FURTHER RESOLVED that the rental amount shall be $1.00 per year; and BE IT FURTHER RESOLVED that the Honorable William P. Kenoi, Mayor of the County of Hawai`i is hereby authorized to execute said lease agreement on behalf of the County of Hawai`i following its approval by the Council as noted herein; and BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to: (1) Mayor William P. Kenoi; (2) Finance Director Deanna Sako; (3) Office of the Corporation Counsel; and (4) Stanley Cypriano, Hamakua County Farm Bureau, 46-3675 MAmalahoa Highway, Honoka`a, Hawai`i 96727. Dated at Kona , Hawai`i, this 15th day of June , 2016 . INTRODUCED BY: COUNCIL MEM R, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i CHUNG X DAVID X I hereby certify that the foregoing RESOLUTION was by EOFF X the vote indicated to the right hereof adopted by the COUNCIL of the ILAGAN X County of Hawaii on June 15, 2016 KANUHA X ONISHI X ATTEST: PALEKA X POINDEXTER X WILLE X 9 0 0 0 Reference: C-896/FC-68 OUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 533 16 'V •. 4100/4,411" qi 347006001 347006018 rO Exhibit A