Loading...
HomeMy WebLinkAboutCOM 0419.001 1998-2000 ~~,TV or w Virginia Goldstein Stephen K. Yamashiro 6i;;~~' 17irecmr Mtryor i' Russell Koknbun Deputy Director IJE Of ~MJ'~'' ~IIlI2t#}~? 0'~ ~.MitT2tLt O a PLANNING DEPARTMENT ~ 2 -c'+ ~J 25 Aupuui Street, Room 109 • Hilo, Hawaii 96720.4252 - _ ~ ~ ~i? (BOH) 961.8288 • Fax (808) 961-8742 'v i ~ October 5, 1999 ~ w Honorable James Arakaki, Chairman Hawaii County Council 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki: Communication 419 -Resolution ] 35-99 Resolution Relating to the Sale or Lease of Properties Purchased Through tha C'rPnrhrrmal Relocation Program by Negotiations As requested by certain members of your Finance Committee on September 21, 1999, enclosed are the following information: I . Copy of the Nnt;re To Providers of Professional Services for Real Estate Appraisal/Property Management which was published in the newspapers. 2. Contract between the County and Day-Lum, Inc. 3. Copies (9) of the locations of dwellings within the one mile radius of the Puna Geothermal Venture power plant. At the Finance Committee meeting, Councilman Curtis Tyler also requested "...copies of any correspondence relating to advice given by expert real estate appraisers and/or brokers retained by the County which, in fact, demonstrate that a sale by negotiation will be likely to bring a better price and that such sale would be in the public's interest." Since such a discussion occurred at a meeting with our consultants, the corporation counsel's office, and my staff, no correspondences exist. In response to Mr. Tyler's further inquiry as to "...whether or not disposition of the real estate, whether (sic) would have to come back to the Council for approval..." should the resolution be approved, we answer in the negative. Cj Comm. No. File No. p~ C Ref. To:P_°s~°~ COV~~L Ref. Date Honorable James Arakaki, Chairman Hawaii County Council Page 2 October 6, 1999 With the submission of the attached information, we ask that the County Council adopted Resolution 135-99. Should you have any questions, please feel free to contact me or Norman Hayashi at ext. 8288. Sincerely, V I VIRG NIA TEIN Planning Director Enclosures NH:gp f \wpwin60WepP.v'akaki.105 cc: Mayor Corporation Counsel Finance Director - CONSULTANT SERVICES CONTRACT THIS CONTRACT, made by and between the COUNTY OF HAWAII, a municipal corporation by STEPHEN K. YAMASHIRO, its Mayor, hereinafter referred to as "County," and DAY-LUM, INC., whose mailing address is #2 Kam Avenue, Wailuku Building, Hilo, Hawaii 96720, is hereinafter refer-ed to as "Consultant." Wifiesseth: WHEREAS, the Council of the County of Hawaii adopted Ordinance No. 96 2 effective January 24, 1996, relating to the establishment of a Geothermal Relocation Program and Geothermal Royalty Fund; and WHEREAS, the Council of the County of Hawaii authorized the Planning Department to establish a geothermal relocation program for the relocation of owner-occupants residing neaz the Puna Geothermal Venture's facility; and WHEREAS, the Planning Department amended its rules effective July 8, 1996, by adopting its Rule 10 relating to Geothermal Relocation Program; and WHEREAS, the Planning Department's Rule 10 states that the Planning Director may solicit the assistance of a qualified real estate appraiser and/or real estate broker to assist in implementing the procedures for the relocation of the affected owner-occupants, including the negotiation and purchase of the affected dwellings and properties; and WHEREAS, the initial Consultant Services Contract has expired and that the consultant services are still required to assist us in implementing the geothermal relocation program; WHEREAS, the Consultant is a qualified real estate appraisal and property management firm; and WHEREAS, the Consultant is familiaz with the real estate market within the Puna District, which includes properties within the suaounding area of the Puna Geothermal Venture facility. NOW THEREFORE, in consideration of the premises set forth herein, the parties hereto agree as follows: A. Emnlovment of Consultant. The County hereby agrees to engage the Consultant and the Consultant hereby agrees to perform the services hereinafter set forth. All of the services required hereunder shall be perfonaed by the Consultant or under its supervision, and none of the work or services covered by this contract shall be subcontracted without the prior written approval of the County Planning Director. The consultant is permitted to place each transaction (purchase and resale) with an escrow company. The normal and reasonable activities of escrow including survey, title search, documentation and other activities will be performed by the escrow and associated entities. The normal and reasonable associated cost of escrow and related activity will be borne by the County and paid through escrow. The Consultant may list or co-list, rent or co-rent the properties acquired by the County that are the subject of this agreement. The nomad and reasonable cost of escrow, listing or renting shall be paid by the County and are over and above the compensation detailed in this agreement. The Consultant represents that it has or will secure all personnel required in performing the services under this contract. B. Best Effort. Consultant agrees that it will, at all times, faithfully, industriously, and to the best of its ability, experience, and talents, perform all of the duties that may be required of it pursuant to the express and implicit terms hereof to the reasonable satisfaction of the County. C. Scope of Services. The Consultant shall do, perform and carry out in a satisfactory, and proper manner, as determined by the Planning Director of the County of Hawaii or as may be modified by written agreement by the parties as hereinaRer set forth, the following services: 1. The Consultant shall utilize the Planning Department's existing list of properties by Tax Map Key that are eligible for purchase under the Geothermal Relocation Program. 2. The Consultant shall contact the affected owner-occupants to negotiate the purchase of their dwelling units and properties. The purchase of the affected properties shall be at a rate of not more than one hundred thirty percent (130%) of the assessed value, as determined by the County of Hawaii Finance Department, Real Property Tax Division. 3. The Consultant shall presetit to the Planning Director the negotiated purchase price for approval. 4. The Consultant shall work with the escrow company to effectuate the purchase of the properties, including a title search and the preparation of a property description. Normal and reasonable costs of escrow and title . transfer shall be borne by the County in addition to the fees and costs itemized in this agreement. 2 5. The Consultant shall assist in the re-sale of the purchased properties, including the rental of the dwelling units. The Consultant may list or co- list and rent or co-rent the properties acquired by the County and the County shall pay, in addition to the itemized compensation and expenses in this agreement, the normal and reasonable costs of rental and sale. ' 6. The Consultant shall also be responsible for the property management and maintenance of the purchased dwelling units and properties until they have been re-sold. 7. The Consultant shall review all new requests for relocation which are submitted after the initial list on file with the Planning Department was compiled. The Consultant shall decide through the County of Hawaii Department of Public Works, Building Division records and the Finance Department, Real Property Tax Division records as to whether the new requests meet the criteria outiined in Ordinance No. 96 2 and Planning Department Rule 10. The Consultant shall determine as to whether the dwelling units aze owner-occupied and whether they were constructed prior to October 3, 1989. 8. The Consultant shall be responsible for the submission of quarterly progress reports on the work performed. The report shall include a description of the actual work completed during the reporting period. The affected County depaztments and agencies will assist the consultant in the preparation and confirm the items detailed above. D. Servicec of the County. 1. The Planning Department shall place at the disposal of the Consultant all pertinent information that it may have in its possession or to which it may have access to. 2. The Planning Department shall cooperate fully with the Consultant and shall coordinate all information needs and requests of the Consultant, including but not limited to arranging for consultant's access to various County departments for information relevant to this contract. 3. The Planning Department shall process payments to the Consultant. 3 E. Terms of the Contract. The services of the Consultant under this contract shall commence immediately upon execution of this contract and shall remain in effect for a period of one (1) yeaz. The County may extend this contract for two additional years upon mutual written consent by the Consultant. F. Compensation. In consideration of the agreements and undertakings on the part of the Consultant, the County hereby agrees to pay the following fees to the Consultant: 1. Transfer of properties from can ent landowners to the County of Hawaii: One Thousand and No Dollars ($1,000.00) per unit. 2. Transfer of properties from County of Hawaii to new buyers: Five percent (5%) commission of the sale price of each dwelling and lot. 3. Management of rental of dwelling: Eight percent (8%) of the gross montlily rental income. This chazge covers placement of tenants, management of tenant concerns and necessary minor repairs to structures, yazd maintenance, collection of rents, and disbursement of rental income to County of Hawaii. 4. Real estate appraisal fee: Three Hundred Fifty and No Dollars ($350.00) per appraisal. In no event, however, shall the total amount exceed thirty-five thousand dollars ($35,000.00). G. Ownership. It is understood that the County is the exclusive owner of all work products developed by the Consultant for the County and that the Consultant is prohibited from selling such work to other parties. H, Rmnlovment Status. It is agreed and understood that the Consultant shall not be entitled to the benefits and privileges of an employee of the County of Hawaii under the County's Civil Service System, and it is further agreed and understood that the Consultant shall be excluded from participating in any fringe benefits resulting from work performed under this contract. 4 I. Termination. This contract may not be terminated by either party except by mutual agreement on ten (10) days written notice to the other. In the event of any violation by the Consultant of any of the terms of this contract, the County may elect any remedy available to it in law or in equity without limitation, including, but not limited to termination of this contract for independent professional services without prior notice in which event the County shall be liable to pay for such satisfactory services performed as of the date of the breach of this contract. All materials, data, documents, or information gathered, compiled, produced, or obtained pursuant to this contract shall be the property of the County, and the Consultant shall immediately, upon termination of this contract, deliver over said materials to the County. It is understood and agreed that any services to be provided in accordance with the terms of this contract may be terminated immediately, in whole or in part, upon a fording by the County that the services must be provided by public employees pursuant to Civil Service Laws or that such services will be discontinued. It is further understood, that should such a fording be made, the County will not be liable under this wntract for any resulting damages, and such a termination will not be considered a breach of this agreement. J. Modification of Contract. No waiver or modification of this agreement or any covenants, conditions, or limitations herein contained shall be valid unless in writing and duly executed by the party to be chazged therewith, and no evidence of any waiver or modification shall be offered or received in evidence of any proceedings, azbitration, or litigation between the parties hereto arising out of or affecting this agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this section may not be waived except as herein set forth. K. Chanties. The County may from time to time require changes in the scope of services of the Consultant to be performed hereunder. Such changes, including any increase of decrease in the amount of the Consultant's compensation, shall be incorporated by written amendment to this agreement. L. Liability. The Consultant shall indemnify, defend, and hold harmless the County from claims, suits, actions, damages, and costs resulting from its errors, omissions, and negligent acts in the performance of these services. M. Assig~ent. Portions of this contract may be subconsulted; however, not without the County's prior written permission. N. Non-Discrimination. The Consultant agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant will assure that applicants for employment and employees aze treated fairly during employment without regazd to their race, color, religion, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, 5 demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed this Ib~i day of Me„al,? , 1999. COUNTY OF HAWAII ` S PHEN AMASHIRO Mayor CONSULTANT .lG'/7 - ~ Nancy abral, President DAY-L ,INC. RECOMMENDED FOR APPROVAL: '~,,,1 VIRG A G L STEIN Planning Direc APPROVED AS TO FORM AND LEGALITY: k . D rCe~.~j RICHARD WURDEMAN Corporation Counsel 6 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this I(,~ day of M~cl-~ ,before me, personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being to me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawau; that the seal affixed to We foregoing iastr~ent is the corporate seal of said COUNTY OF HAWAII; that the foregoing instrument was signed and sealed on behalf of COUNTY OF HAWAII by authority given to said Mayor of the County of Hawaii by Section 5-1.3(gJ of the County Charter, County of Hawau (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said COUNTY OF HAWAII. MYRIEEN K. KALOI NOTAR PUBLIC, T TE OF HAWAII MY COMMISSION EXPIRES: 2 I6 d,oo t.s. STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this v ~ day oC~ ~ , 1999, before me personally appeared NANCY S. CABRAL, PRESIDENT, DAY-LIM, INC. to me known to be the person described in and who executed the foregoing instr~ent, and acknowledged that she executed the same as his free act and deed. Witness my hand and seal. PATRICIA A. KOGA J f .~r- Notary Public, State of Hawaii lr ' My Commission Expires• ~ ~ G'~ COUNTY OF HAWAII C~RTIFIGATION OF AVAILABILITY OF FUNDS I hereby certify that on the date of filing of this contract with the Director of Finance, there remains an unexpended amount of $35,000.00 in 095-141-5143.02-115 sufficient to cover the obligation of the County of Hawaii under this contract. Contract Title: CONSULTANT -GEOTHERMAL RELOCATION FUND PROPERTIES Vendor: Day-Lum, Inc. Contract No.: 99141 C~~i Director of Finance DATE: March 12, 1999 NOTICE TO PROVIDERS OF PROFESSIONAL SERVICES The County of Hawaii Planning Department anticipates the immediate need for the following professional services for Fiscal Yeaz 1998-1999 and beyond: REAL ESTATE APPRAISAL/PROPERTY MANAGEMENT (To assist with the County's Geothermal Relocation Program) Under the requirements of section 103D-304, Hawaii Revised Statutes, such professional services aze subject to competitive selection. Accordingly, interested parties aze invited to submit statements of qualification and expressions of interest. Such statements shall include: 1. The name of the firm or person, the principal place of business, and location of all of its offices; 2. The age of the firm and its average number of employees over the past five years; 3. The education, training, and qualifications of the individual, or if a firm, its key employees; 4. A list of recent projects, previous services, etc., and the naznes of up to five clients who may be contacted, including at least two for whom services were rendered during the preceding yeaz; and 5. Any promotional or descriptive literature which the individual or firm desires to submit. Response to this solicitation will be considered for selection in accordance with the State Procurement Code. Responses shall be submitted to the Planning Department, County of Hawaii, 25 Aupuni Street, Hilo, Hawaii 96720, no later than the close of business, 4:30 p.m., November 25, 1998. Hawaii Tribune Herald: November 5, 1998 West Hawaii Today: November 5, 1998 Honolulu Advertiser: November 5, 1998 fl\wpwin60\dept\appraise.psl - I LLl ~ ~ ~ ~ ~ ~ e ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ 3 ~ J Q ~ ~ ~ 4 3 ~ 3 Q s ~ _ ~ _ ~ a° G'7 J oho a~ t © ~ 11 1 6 ~ l Oy6 j1 7 +a:. 1 °I ~ ~ i` I ~ ! ~ I ~ a i 4~ ~T Q' ~l O~ Qo~ _ / \ - -