The URL can be used to link to this page

Home My WebLink AboutRES 538 Draft 01 1969-1972County of Hawaii --State of Hawaii Resolution WHEREAS, the Council of the County of Hawaii is charged with the duty of maintaining the health, safety and welfare of the people of this County; and WHEREAS, great concern has been expressed regarding the location of utility poles within the County of Hawaii; and WHEREAS, the County of Hawaii and the utility firms wish to enter into Indemnity Agreements concerning accidents involving utility poles, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: 1. That the Agreements of Indemnity entered into individually by the County of Hawaii with Hawaiian Telephone Company and Hilo Electric Light Company, Ltd., are hereby affirmed; and 2. That the Agreement of Indemnity between the County of Hawaii and Hawaiian Telephone Company and Hilo Electric Light Company, Ltd., jointly, is hereby approved, and the Mayor of the County of Hawaii be and is hereby authorized to sign the Agreement on behalf of the County of Hawaii. 1972. Dated at Hilo, Hawaii, this 12th day of July , COUNTY COUNCIL County of Hawaii Hilo, Hawaii INTRODUCED B Y : vrrcOLrAN, COUNTfOF xAwAzz hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on. July 12, 1972 --------------------------------------------------------------------------------- ATTEST: O1 , Tadashi Suzuki COUNTY CLERK Herbert T. Matayoshi CHAIRMAN & PRESIG G OFF -ICER ROLL CALL VOTE AYES I NOES A/E Carpenter X De Luz Edwards X Greenwell X Hisaoka . X Souza X Yadao X Yamada X Chr. Matayoshi 0 0 Reference: ...... C- Q03 /Pwc...�-- 8z�.... M.B. No. .. +... '..t ................ RESOLUTION NO . .......................8 ...........5 3...............------....-- HTH 1-471 AGREEMENT OF INDEMNITY This Agreement of Indemnity entered into this 1st day of May, 1972, by and between HILO ELECTRIC LIGHT COMPANY, LTD. , hereinafter called the "Indemnitor" , and the COUNTY OF HAWAII, hereinafter called the "Indemnitee"; W I T N E S S E T I-1 : For valuable consideration, receipt whereof is hereby acknowledged by the Indemnitor, the Indemnitor, for itself, its successors and assigns, does hereby covenant and agree to indemnify and keep indemnified the Indemnitee and hold the Indemnitee harmless from and against any and all actions or causes of action, claims, demands, liabilities, .loss, damage or expense of whatever kind and nature, including- attorneys' fees , which the Indemnitee may at any time sustain or incur incident to or resulting in any' way from injury to or death of any person or damage to property on account of the position or condition of utility poles and supports thereof situated within County Highways in the County of Hawaii which are owned solely by the Indemnitor or jointly by the Indemnitor and Indemnitee. It is further understood and agreed as a con- dition of this indemnity that: "r w (1) Whenever the Indemnitee is served with a complaint filed with any court which may involve any loss or damage for which the Indemnitor is responsible hereunder, the Indemnitee will cause to be delivered a copy of such complaint to the principal office of the Indemnitor in Hilo, addressed to its President, prior to the expiration of one half of the period within which an answer to the complaint is due. (2) In the event the Indemnitee proposes to widen, realign or otherwise make any change to any County Highway which will alter the relative position or condi- tion of one or more utility poles situated within a County Highway which are owned solely by the Indemnitor or jointly by the Indemnitor and Indemnitee, the Indemnitee will give written notice thereof not less than thirty (30) days prior to the proposed date thereof by mailing the same, postage prepaid, addressed to the President of the Indem- nitor at the principal office of the Indemnitor in Hilo. Failure to cause to be delivered to the Indem- nitor a copy of a complaint in accordance with paragraph (1) above shall relieve the Indemnitor of all obligations under this Agreement with respect to all matters set forth in such complaint and with respect to all loss or damage claimed in any such complaint, and failure to give written notice to the Indemnitor in accordance with paragraph (2) above shall relieve the Indemnitor of all obligations under this Agreement with respect to the poles involved. NO W A As used herein, the term "County Highways" shall mean all streets and highways owned or maintained by Indemnitee. The term of this Indemnity Agreement shall commence as of the day and year first above written and shall terminate on May 1, 1992; provided, however, that in the event the Indemnitor is not permitted to reinstall or replace presently existing poles, or any replacements thereof, in accordance with Standard Plan P 1003, a copy of which is attached hereto and made a part hereof, then, in such event, the Indemnitor may cancel and terminate this Agreement by giving not less than thirty (30) days' written notice to the Indemnitee. IN WITNESS WHEREOF, the Indemnitor and the Indemnitee have executed this Indemnity Agreement as of the day and year first above written. HILO ELECTRIC LIGHT COMPANY, LTD. APPROVED AS TO lORIr1 MAY 1 1972 By i - . B �y'r„' Y . j f t...... • � a .. 1 - d+ 'fir t Date- ----- -. --- �� ------ �: It s Par€�ids Its A r...: COUNTY OF HAWAII :3 id no IdVA Indemnitor AGREEMENT OF INDEMNITY This Agreement of Indemnity entered into this 1st day of May, 1972, by and between HAWAIIAN TELEPHONE COMPANY, hereinafter called the "Indemnitor", and the COUNTY OF HAWAII, hereinafter called the "Indemnitee"; WITNES S E T H: For valuable consideration, receipt whereof is hereby acknowledged by the Indemnitor, the Indemnitor, for itself, its successors and assigns, does hereby covenant and agree to indemnify and keep indemnified the Indemnitee and hold the Indemnitee harmless from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage or expense of what- ever kind and nature, including attorneys' fees, which the Indemnitee may at any time sustain or incur incident to or resulting in any v�ay from injury to or death of any person or damage to property on account of the posi- tion or condition of utility poles and supports thereof situated within County Highways in the County of Hawaii which are owned solely by the Indemnitor or jointly by the Indemnitor and Indemnitee. It is further understood and agreed as a con- dition of this indemnity that: (1) Whenever the Indemnitee is served with a complaint filed with any court which may involve any loss or damage for which the Indemnitor is responsible here- under, the Indemnitee will cause to be delivered a copy of such complaint to the business office of the Indemnitor in Hilo, addressed to its Island Manager, prior to the expiration of one half of the period within which an answer to the complaint is due. (2) In the event the Indemnitee proposes to widen, realign or otherwise make any change to any County Highway which will alter the relative position or condi- tion of one or more utility poles situated within a County Highway which are owned solely by the Indemnitor or jointly by the Indemnitor and Indemnitee, the Indemnitee will give written notice thereof not less than thirty (30) days prior to the proposed date thereof by mailing the same, postage prepaid, addressed to the Island Manager of the Indemnitor at the principal office of the Indemnitor in Hilo. Failure to cause to be delivered to the Indemnitor a copy of a complaint in accordance with paragraph (1) above shall relieve the Indemnitor of all obligations under this Agreement with respect to all matters set forth in such complaint and with respect to all loss or damage claimed in any such complaint, and failure to give written notice to the Indemnitor in accordance with paragraph (2) above shall relieve the Indemnitor of all obligations under this Agree- ment with respect to the poles involved. :2 As used herein, the term "County Highways" shall mean all streets and highways owned or maintained by Indemnitee. `The term of this Indemnity Agreement shall commence as of the day and year first above written and shall terminate on May 1, 1992; provided, however, that in the event the Indemnitor is not permitted to reinstall or replace presently existing poles, or any replacements thereof, in accordance with Standard Plan P 1003, a copy of which is attached hereto and made a part hereof, then, in such event.., the Indemnitor may cancel and terminate this Agreement by giving not less than thirty (30) days' written notice to the Indemnitee. IN WITNESS WHEREOF, the Indemnitor and the Indemnitee have executed this Indemnity Agreement as of the day and year first above written. APPROVED AS TO FORM MAY 1 1972 GM SMEAK�K HAWAIIAN TELEPHONE CO. ENGINEERING DEPT. CHECKED APPROVED ---------------------- - --- s�. C 2 Dote-----� `---1--------------------------------- :-3 HAWAIIA TELEPHONE COMPANY B y Its VICE PRESIDENT By4. /�� :a S ASSISTANT SECRETARY Indemnitor COUNTY nF HAWATT n AGREEMENT OF INDEMNITY This Agreement of Indemnity entered into this lst day of May, 1972, by and between HILO ELECTRIC LIGHT COMPANY, LTD. and HAWAIIAN TELEPHONE COMPANY, hereinafter called the "Indemnitors". and the COUNTY OF HAWAII , here- inafter called the "Indemnitee"; W I T N E S S E T H: For valuable consideration, receipt whereof is hereby acknowledged by the Indemnitors, the Indemnitors, and each of them, for themselves, their successors and assigns., jointly and severally, do hereby covenant and agree to indemnify and keep indemnified the Indemnitee and hold the Indemnitee harmless from and against any and all actions or causes of action, claims , demands , liabilities,, loss,, damage or expense of whatever kind and nature', including attorneys' fees, which the Indem- nitee may at any time sustain or incur incident to or resulting in any way from injury to or death of any person or damage to property on account of the position or condition of utility poles and supports thereof situated within County Highways in the County of Hawaii which are jointly owned by the Indemnitors or jointly owned by the Indemnitors and Indemnitee. It is further understood and agreed as a con- dition of this indemnity that: (1) Whenever the Indemnitee is served with a complaint filed with any court which may involve any loss or damage for which the Indemnitors are responsible hereunder, the Indemnitee will (A) cause to be delivered a copy of such complaint to the principal office of Hilo Electric Light Company, Ltd. in Hilo, addressed to its President, and (B) cause to be delivered a copy of such complaint to the business office of Hawaiian Telephone Company in Hilo, addressed to its Island Manager; such delivery to be made in each case prior to the expiration of one half of the period within which an answer to the complaint is due. (2) In the event the Indemnitee proposes to widen, realign or otherwise make any change to any County Highway which will alter the relative position or con- dition of one or more utility poles situated within a County Highway which are jointly owned by the Indemnitors or jointly owned by the Indemnitors and the Indemnitee, the Indemnitee will (A) give written notice thereof not less than thirty (30) days prior to* the proposed date thereof by mailing the same, postage prepaid, addressed to the President of Hilo Electric Light Company, Ltd. at the principal office of that Company in Hilo, and (B) give written notice thereof not less than thirty (30) days prior to the proposed date thereof by mailing; the same, postage prepaid, addressed to the Island Manager of Hawaiian Telephone Company at the principal office of that Company in Hilo. :2 Failure to cause to be delivered to both Indemnitors copies of a complaint in accordance with paragraph (1) above shall relieve both Indemnitors of all obligations under this Agreement with respect to all matters set forth in such complaint and with respect to all loss or damage claimed in any such complaint, and failure to give written notice to both Indemnitors in accordance with paragraph (2 ) above shall relieve both Indemnitors of all obliga- tions under this Agreement with respect to the poles involved. As used herein, the term "County Highways" shall mean all streets and highways owned or main- tained by Indemnitee. The term of this Indemnity Agreement shall commence as . of the day and year first above written and shall terminate on May 1, 1992; provided, however, that in the event the Indemnitors are not permitted to reinstall or replace presently existing poles, or any replacements thereof, in accordance with Standard Plan P 1003, a copy of which is attached hereto and made a part hereof, then, in such event, the Indemni- tors may cancel and terminate this Agreement by giving not less than thirty (30) days' written notice to the Indemnitee. IN WITNESS WHEREOF, the Indemnitors and the Indemnitee have executed this Indemnity Agreement as :3 of the day and year first above written. HILO ELECTRIC LIGHT COMPANY, LTD. By Its Azs6tzmt 'S---:*c-LlXY APPROVED AS TO FORM By 4 m Y 72 Its Ass s t. T- a -- u- 1(ej HAWAIIAN TELEPHONE COMPANY HAWAIIAN TELEPHONE CO. ENGINEERING DEPT. X ;a4A— ..011;1 ........... 04 By CHECKED ................ -0 - Its VICE PRESIDENT APPROVED ................. 0 - By JL�S ASSISTANT SECRETARY Indemnitors COUNTY OF HAWAII By APPRC)VII7.) cis to -"Y Indemnitee Lm 7NT OF PUBLIC Vv RKS DEPARTI�j. • COUNTY OF. HAWAII STATE OF HAWAII ` t i f • i r y \ ! ,41)1:,.• -- /_ - —' ~_ --� M— f tA ? •IN p �; E t • + '1t a t 1 • • t � "O, AILS S A N A ir u { . FOR ROADS, STORM DRA3NS9 . • • STREET LIGHTS, AND SEWERS f t • �- OCTOBER 1968 APRIL 1969 SECOND EDITION • No. i 0 w C, z cr- Z-0 CL w Ld -J _j 110 uJ UJ 0 C-4 In w 0 �— 7 _j uJ t1i y - -1 a) U 11080 8 < 04 • cc C> 0 LLJ cc Lo 0 0 Ul 00 C) 0 • 0 , CC Nav tol a I 'NIW a. K 0 w sco z cr- Z-0 CL w Ld -J _j 110 uJ UJ 0 C-4 In cr. 7 'o w 0 -1 11080 • cc . I . # 0 kPARTMENT OF PUBLIC WORKS IUREAU OF PLANS AND SURVEY IOUNTY OF HAWAII cr. 0 'o w 0 -1 11080 • cc . I . # 0 0 • 0 a I 'NIW 0 w Ix w • ca 2i B:: < m w V) cr 11 x w (X 0 0 kPARTMENT OF PUBLIC WORKS IUREAU OF PLANS AND SURVEY IOUNTY OF HAWAII cr. 0 'o w 0 -1 11080 • cc . I . # 0 0 kPARTMENT OF PUBLIC WORKS IUREAU OF PLANS AND SURVEY IOUNTY OF HAWAII