HomeMy WebLinkAboutRES 526 Draft 01 2016-2018 ;»tV OF M, ,
COUNTY OF HAWAII - •_ �s.0 STATE OF HAWAII
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RESOLUTION NO. 526 18
RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS OF A LATER FISCAL
YEAR AND MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF
REAL PROPERTY (WAREHOUSE) FOR THE OFFICE OF THE COUNTY CLERK,
ELECTIONS DIVISION.
WHEREAS, the Office of the County Clerk, Elections Division has occupied the
warehouse located at 210 Maka'ala Street, Hilo, Hawai`i 96720, TMK: (3) 2-2-060-016, since
1990 and wishes to continue its occupancy; and
WHEREAS, this parcel is owned by the Department of Hawaiian Home Lands and
leased to Men's Shop, Inc., therefore the Office of the County Clerk, Elections Division's
occupancy is on a sublease basis; and
WHEREAS, the current sublease entered into on August 26, 2013, expired on
January 31, 2018; and
WHEREAS,the Office of the County Clerk, Elections Division has continued to occupy
the Men's Shop, Inc.,warehouse on a month-to-month basis at a cost of$1,630.21 per month;
and
WHEREAS, the Office of the County Clerk, Elections Division wishes to maintain its
present location by entering into a new five (5) year sublease with Men's Shop, Inc., for the
3,000 square foot warehouse space located at 210 Maka'ala Street, Hilo, Hawai`i 96720,
TMK: (3) 2-2-060-016, at a cost of$1,630.21 per month; and.
WHEREAS, Section 10-11 of the Hawai`i County Charter requires that any contract,
lease or other obligation requiring payment of funds from appropriations of a later fiscal year
and more than one fiscal year be approved by resolution; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that
(1) the Mayor is hereby authorized to enter into a multi-year sublease agreement for warehouse
space for the Office of the County Clerk, Elections Division as described herein,pursuant to
Section 10-11 of the Hawai`i County Charter; and (2) that sufficient funds be budgeted in future
fiscal years to cover the anticipated obligations of the County under the lease agreement.
BE IT FINALLY RESOLVED that a copy of this resolution be sent to: (1) the
Honorable Mayor Harry Kim; (2) Valerie Poindexter, Council Chairwoman; (3) Deanna Sako,
Finance Director; (4) Stewart Maeda, County Clerk; and (5) Men's Shop Inc., 210 Maka'ala
Street, Hilo, Hawaii 96720.
Dated at Hilo , Hawai`i, this 11th day of April , 2018 .
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii 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 KANUHA
County of Hawaii on April 11, 2018 X
LEE LOY X
O'HARA X
ATTEST: POINDEXTER X
71>
RICHARDS X
d &/ RUGGLES X
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8 0 1 0
Reference: C-790/FC-93
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 5C IN
LAND COURT REGULAR SYSTEM
(AREA ABOVE RESERVED FOR RECORDING INFORMATION)
After Recordation,Return by®Mail or❑Pick-up Phone#: 961-8251
FILL IN NAME AND ADDRESS BELOW:
Office of the Corporation Counsel(CTM)
101 Aupuni Street,Suite 325
Hilo,Hawaii 96720
DOCUMENT CONTAINS PAGES
TITLE OF DOCUMENT: FIRST AMENDED COUNTY OF HAWAII STORAGE
SPACE SUBLEASE AGREEMENT
PARTIES TO DOCUMENT
SUBLESSOR/LANDLORD: MEN'S SHOP,INC.
210 Maka'ala Street
Hilo,Hawaii 96720
SUBLESSEE/TENANT: COUNTY OF HAWAII
25 Aupuni Street
Hilo,Hawaii 96720
AFFECTS TAX MAP KEY: (3)2-2-060-016
FIRST AMENDED COUNTY OF HAWAII WAREHOUSE SPACE
SUBLEASE AGREEMENT
This FIRST AMENDED SUBLEASE AGREEMENT,made this day of
,201 ,by and between MEN'S SHOP,INC.,whose mailing address is
210 Maka'ala Street,Hilo,Hawai`i,96720(hereinafter referred to as"Landlord"or"Lessor"), and
the COUNTY OF HAWAI`I,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(hereinafter referred to as
"Tenant"or"Lessee")hereby amends and modifies the Sublease Agreement first entered into by the
parties August 26,2013.
1. Term. The term of this sublease and the Tenant's obligation to pay rent hereunder, shall be for
five(5)years, commencing on February 1,2018 to January 31,2023. Tenant shall have the
option to extend the sublease for an additional five(5)year term, subject to an agreement on
the rent between the Tenant and Landlord. The rent for the new term shall be mutually
determined and agreed upon between the Landlord and Tenant. If the parties cannot agree
upon the rent for the new term,then the sublease will be terminated at the end of the sublease
period and the Tenant will have sixty(60)days from the end of the term of the sublease to
vacate the premises.
2. All other terms and conditions of the Sublease Agreement dated August 26,2013 shall remain
in full force and effect.
IN WITNESS WHEREOF,the parties hereto have entered into this First Amended Sublease
Agreement as of the day and year first above written.
MEN'S SHOP, INC.
By:
Name:
Title:
APPROVED: SUB LESSOR/LANDLORD
COUNTY OF HAWAII
Stewart Maeda, County Clerk
APPROVED AS TO FORM By:
AND LEGALITY:
SUBLESSEE/TENANT
CRAIG T. MASUDA
Deputy Corporation Counsel
2
COUNTY OF HAWAII )
SS.
STATE OF HAWAII )
On ,before me appeared
to me personally known,who,being by me duly sworn,did say that
is the of MEN'S SHOP, INC.,that said instrument was signed on
behalf of said corporation by authority of its Board of Directors; and that said
acknowledged said instrument to be the free act and
deed of said corporation.
Signature
Name(Type or Print)
Notary Public, State of Hawai`i
My Commission Expires:
NOTARY CERTIFICATION
Doc.Date: No. of Pages:
Notary Name: Third Circuit
Doc. Description:
Notary Signature Date
3
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of ,201 before me personally appeared
,to me personally known,who,being by me duly sworn,
did say that he is the 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 Hawaii,the foregoing instrument was signed and sealed on behalf of the County of Hawai`i by
authority given to said 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
acknowledged said instrument to be the free act and
deed of said County of Hawaii.
Signature
Print or Type Name
Notary Public, State of Hawai`i
My Commission Expires:
NOTARY CERTIFICATION
Doc.Date: No. of Pages:
Notary Name: Third Circuit
Doc. Description:
Notary Signature Date
4