office of the speaker 29th guam legislature reports/bill no. 324 - cr.pdf · association of guam...

August 1, 2008

OFFICE OF THE SPEAKER 29th GUAM LEGISLATURE JUDITH T. WON PAT, Ed.D.

Speaker Judith T. Won Pat, Ed.D. I Mina' Bente Nuebi Na Liheslaturan Guahan 155 Hesler Place Hagatna, Guam 96910

The Committee on Education, General & Omnibus Affairs, to which Bill No. 324 (LS) - T.R. MunaBarnes - An Act to approve the lease by and between the Government of Guam and the Asahi Association of Guam - was referred, wishes to report its findings and recommendations.

Transmitted herewith for your consideration and action is our committee report on the above subject matter.

The voting record is as follows:

\~ TO PASS . . ··,.J' ; _,r ..• -

Q) NOTTO PASS

2- TO REPORT OUT ONLY

C) ABSTAIN

0 TO PLACE IN INACTIVE FILE

Copies of the Committee Report and other pertinent documents are attached. Thank you and Si Yu'os ma'ase for your attention to this matter.

Attachments

~d.D Vice Chair & Acting Chair Committee on Education, General & Omnibus Affairs

253 WEST O'BRIEN DRIVE HAGATNA, GUAM 96910 I TEL: (671) 472-3586-7 • FAX: (671) 472-3589

EMAIL: [email protected]

August 1, 2008

OFFICE OF THE SPEAKER 29th GUAM LEGISLATURE JUDITH T. WON PAT, Ed.D.

MEMORANDUM

TO:

FROM:

RE :

Committee Members

Vice Chair & Acting Chair Committee on Education, General and Omnibus Affairs

Bill No. 324 (LS) - T.R. Muna-Barnes - An Act to approve the lease by and between the Government of Guam and the Asahi Association of Guam

Transmitted herewith for your information and action is the report on Bill No. 324 (LS) - T.R. Muna-Barnes - An Act to approve the lease by and between the Government of Guam and the Asahi Association of Guam.

Please take the appropriate action on the voting sheet. Your attention and cooperation in this matter is greatly appreciated.

Should you have questions regarding the report or accompanying documents, please do not hesitate to contact me.

Si Yu'os m~ase.

J~dD

Attachments

253 WEST O'BRIEN DRIVE HAGATNA, GUAM 96910 I TEL: {671) 472-3586-7 • FAX: (671) 472-3589

EMAIL: [email protected]

COMMITTEE VOTING SHEET COMMITTEE ON EDUCATION, GENERAL AND OMNIBUS AFFAIRS

Bill No. 324 (LS) - T.R. Muna-Barnes - An act to approve the lease by and between the Government of Guam and the Asahi Association of Guam.

TO NOTTO TO REPORT OUT SIGNATURE PASS PASS OF COMMITTEE ABSTAIN

Mark Forbes, Chairman ~ ~ _/

Judith T. Won Pat, Ed.D. .~ ~ ~'

/ Vice Chairwoman

"' ~~ \~ ~ Tina R. Muna Barnes ~

o(V J '' '

~ ::'

Benjamin J. Cruz , '

'

Judith P. Guthertz I).~ /

Adolpho Palacios, Sr. \_ h ~A Rh'~ ,, , - - 7 'i Vicente C. Pangelinan t'

Rory J. Respicio /VVV ~ I

Dr. David L.G. Shimizu <i-1 - //

Frank F. Blas, Jr. 11 I II ,

Edward J. B. Calvo /k v Uames V. Espaldon

~~Lv v

Frank T. lshizaki \J~ ~

I

Uesse A. Lujan /"'\ -i-")

I y_.,-

t/ ~-2..J' 7

~ Ray S. Tenorio ;::;>'<>ff ~ L "

PLACE IN INACTIVE FILE

I MINA'BENTE NUEBI NA LIHESLATURAN GUAHAN

COMMITIEE ON EDUCATION, GENERAL & OMNIBUS AFFAIRS

SPEAKER JUDITH T. WON PAT, Ed.D. VICE CHAIR & ACTING CHAIR

COMMITIEE REPORT

ON

Bill No. 324 (LS) - T.R. Muna-Barnes

An Act to approve the lease by and between the Government of Guam and the Asahi Association of Guam

I. OVERVIEW

The Committee on Education, General and Omnibus Affairs held a public hearing on Wednesday, July 30, 2008 at 2:00 a.m. on Bill No. 324 (LS) - T.R. Muna-Barnes - An Act to approve the lease by and between the Government of Guam and the Asahi Association of Guam

Notices for the public hearings were disseminated to all local media via facsimile in accordance with the requirements of the Open Government Law and are attached herein.

Senators present at the public hearing were:

Speaker Judith T. Won Pat, Vice Chair and Acting Chair Senator Vicente "ben" Pangelinan Senator Rory J. Respicio Senator Tina Rose Muna-Barnes Senator Judith P. Guthertz

11. SUMMARY OF TESTIMONY

- Mr. Hiob Bukurrou, a member of the Asahi Association, provided oral testimony in favor of Bill 324.

- Mr. John Vega, the Charter President of the Federation of Asian and Pacific People on Guam, and a former President of the Filipino Community of Guam, provided oral and written testimony in support of Bill 324. His written testimony is attached.

- Mr. Hubert Recheungel, a member of the Asahi Association, provided brief oral testimony in favor of Bill 324.

- Mr. Davis Tevid, Vice President of the Palau Community Association of Guam, provided oral testimony in favor of Bill 324. Mr. Tevid briefly outlined the mission statement of his organization and stated that his organization looks to promote cultural diversity. He further that this project that is being undertaken by the Asahi Association, will not only benefit its members, but also the people of Guam - as it is open to everyone.

- Ms. Trini Torres, provided oral testimony against bill 324. Ms. Torres commented that she is against the bill because it gives away lands to outsiders. She is urging the legislature to repeal the law that made this lease plan available.

- Ms. Rita Franquez, provided written testimony stating that the applicant's respective foreign government should allow reciprocal rights to the people of Guam to lease lands in those respective foreign lands, similar to this mechanism in bill 324. (See sign-in sheet for full text of testimony)

COMMENTS AND DISCUSSION

- Senator Pangelinan asked Mr. Tevid whether the organization is a registered non-profit organization.

- Mr. Tevid confirmed that they are and later provided documentation (see attached) of their nonprofit status.

- Senator Pangelinan asked whether the Asahi Association is the sole Palaun organization on Guam.

- Mr. Tevid replied that there are about eight other organization under the umbrella of the Palauan Association but they are in full support of the project. The other Palauan organizations are welcome to utilize the building as well.

- Senator Respicio asked the location of the property and the length of the lease.

- Mr. Tevid replied that the property is located in Lada Dededo and the property has full access to power and utilities. After the approval of the legislation, Mr. Tevid estimates that they can break ground within two weeks and complete the construction by the end of the year.

- Senator Barnes thanked the Asahi Association for doing the hard work necessary to get to this point in the process. She mentioned that the land is not being given away, but being leased to a group of individuals that have been part of the community for over four decades. Senator Barnes completed her comments by urging her colleagues to support and pass this bill.

- Senator Pangelinan asked the Asahi Association about the feasibility of connecting to the sewer lines rather than building of a septic tank on the project. Senator Pangelinan stated that he is concerned about the plan to build a septic tank since the project will sit on top of the northern water lens.

- Mr. Tevid replied that he will investigate that possibility and the feasibility of connecting to the sewer.

- Acting Chair Won Pat urged the Asahi Association to investigate the matter of sewer connection quickly as the lease calls for the association to construct the building within one year.

Ill. FINDINGS AND RECOMMENDATION

The Committee on Education, General and Omnibus Affairs, to which Bill 324 (LS) was referred, finds support for the bill and hereby submit its findings and recommendations to I Mina' Bente Nuebi Na Liheslaturan Guahan TO PASS Bill 324(LS).

~ I MINA' BENTE NUEBI NA LIHESLATURAN GUAHAN w

0

2008 (SECOND) Regular Session

Bill No. Bd-4 {LS )

Introduced by: T.R. Muna-Bame~

AN ACT TO APPROVE THE LEASE BY AND BETWEEN THE GOVERNMENT OF GUAM AND THE ASAHI ASSOCIATION OF GUAM.

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Legislative Findings and Intent. I Liheslaturan Guahan finds

3 that previously, the United States Air Force had jurisdiction and control over

4 that certain piece of property commonly referred to as the "Harmon Cliffline".

5 As such, they authorized and permitted non-profit organizations to utilize

6 certain areas within this property.

7 Eventually however, U.S. Public Law Number 103-339 required the

8 relocation of these non-profit organizations. In response to this mandate,

9 Executive Order 98-13 was issued, and this provided for the orderly and

Io expeditious transfer of these non-profit organizations located in the /iHarmon

11 Cliffline" property to Government of Guam property under a formal lease

12 agreement. The parcel of property selected for the transfer was identified as

- ,1

1 the property designated for the Cultural Center in Dededo under Guam

2 Public Law 22-18. I Liheslaturan Guahan further finds that Public Law 25-47

3 mandates that all leases between non-profit organizations and the

4 Government of Guam within this site must be approved by I Liheslaturan

5 Guahan.

6 The Asahi Association of Guam has complied with the rules and

7 regulations governing the lease of government owned property pursuant to

8 P.L. No. 25-47 and has subsequently submitted its lease agreement to the

9 Guam Legislature for approval. It is the intent of I Liheslaturan Guahan to

1 o approve said lease as required by 8003 of the Department of Land

11 Management Rules and Regulations for leasing land reserved for the Cultural

12 Center, as enacted by Section 3 of Public Law No. 25-47.

13 Section 2. Approval of Lease. Notwithstanding any provision of law,

14 the lease entered into, by and between the Asahi Association of Guam and the

15 Government of Guam, attached herein and labeled as u Attachment A", is

16 hereby approved by I Liheslaturan Guahan.

Committee on Education, General & Omnibus Affairs Public Hearing Date I Time: Wednesday, July 30, 2008 - 2:00 P.M.

Agenda Item: Bill No. 324 (LS) - T.R. Muna-Barnes - An Act to approve the lease by and between the Government of Guam and the Asahi Association of Guam.

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67~ - 735-t 16 DSC,DPHSS Div of Sr Citizens, DPHSS 15:00: 10 04-08-2008

Name:

Plume:

ASAHI Association of Guam TELECOPIER INFORMATION PAGE

'.\ .. ·-~ .- 7.r . · :i>:-.

. . . ~': :· -~ :·

:,~'< FROM: ,,

Senator Tina Muna Barnes Name: Davis Tevid

472-3455 Phone: 788-1687 IS page:

NOTICE! If you do not receive legible copies of all the pages, please call back as soon as possible: (671) 735-7388 and ask for sender.

Sent by: D.T On: 08/04/2008

Time sent:

Senator,

Great News! The re is a functional sewer line within the property. Please see attached verification from Guam

Waterworks Authority. Thank you once again!

12:30

CONFIDENTIALITY NOTICE: This facsimile contains information which may also be legally privileged and which is intended for the user of the address(s) named above. If you are not the intended recipient, you are hereby notified that any dissemination or copying of this facsimile, or the taking of any action in reliance on the contents of this telecopied information, may be strictly prohibited. If you received this transmission in error, please notify us immediately or return the entire facsimile to the address shown above via U.S. Postal Service.

' 12

_ ... ,,,

DSC, DPHSS

DATE:

TO:

RE:

Div of Sr Citizens, DPHSS 15:00:49 04-08- 2008

GUAM WATERWORKS AUTHORITY "Good Water Always''"

Post Office Box 3010, Hagatna, Guam 96932 Phone: (671) 647-7847 Fax: (671 649-0369

PERMITS, INSPECTION & ENFORCEMENT SECTION

VERJFICATION OF UTILITIES

August 04, 2008

Davis Tevid

LOT 11, BLOCK 3, TRACT 1143, Municipality ofDededo

We hereby acknowledge receipt of your request for Certification of Government Water & Sewer Line Availability for the referenced lot.

The following comments are listed:

[ X ] Water Service Connection is available in this area.

[)Water service connection is not available in this area.

[XX ] Sewer Service Connection is available in this area. The property is within 200 feet from the main sewer line.

[ ] Sewer service connection is not available in this area.

Sincerely,

) 12

Thursday, July 31, 2008

Senator Tina R. Muna-Barnes 29th Guam Legislature Hagatna, Guam

Dear Senator Muna-Barnes, Sponsor of Bill No. 324(LS)

Good afternoon Senator Muna-Barnes and members of the Committee.

I am John Vega, a Charter President of the Federation of Asian and Pacific People on Guam. I am testifying in favor of the approval of the lease between the Government of Guam and the Asahi Association of Guam.

Since the Twentieth Guam Legislature Bill No. 1032 "An Act to Set Aside and Develop Public Lands for the Establishment of Civic, non-Profit, Fraternal and Cultural Community and Family Centers, "was on the first day of August 1990, duly and regularly passed and became Public Law 20-194 on August 17, 1990.

Asahi Association of Guam has tried to comply with all requirements to be able to follow rules and regulations.

Public Law 22-18 and PL No. 25-47 justify the approval of Asahi Association Lease at lot 11 on Block 3 of Track 1143, Lada Subdivision, Dededo.

Former

(SPACE ABOVE FOR RECORDERS USE ONLY)

LEASE

THIS LEASE is made this 2.'C{-e- day of Ma.a- , 2008, by and between the DEPARTMENT OF LAND MANAGEMENT, GOVERNMENT OF GUAM, whose address is P.O. Box 2950, Hagatna, Guam. 96910, hereinafter the "Lessor," and ASAHI ASSOCIATION OF GUAM, represented by JUSTIN RDIALL, PRESIDENT, a non-profit organization organized and existing under the laws of the territory of Guam, whose address is 178A NIYOK AVENUE MANGILAO, Guam. 96931. hereinafter the "Lessee."

WHEREAS, Lessee was a legal occupant of real property located along the Harmon Cliffline area pursuant to an agreement entered into with the government of Guam, which had a valid permit to use the same from the U.S. Air Force who is the legal owner; and

WHEREAS, the Harmon cliffline area was identified by the federal government as excess federal land to be returned to the government of Guam in U.S. Public Law 103-339; and

WHEREAS, in preparation for the eventual return of the Harmon cliffline area to the government of Guam, environmental survey work is required at the site, and those occupying the Harmon cliffline area have been required to leave; and

WHEREAS, Lessor has reserved certain lands identified in Guam P.L. 22-18 for the purpose of establishing "cultural centers," and certain of these reserved lands are ready for leasing; and

WHEREAS, Lessee has been found eligible and qualified to lease government land identified herein, and this Lease being in the best public interest; now therefore,

FOR AND IN CONSIDERATION of the following terms and conditions, Lessor and Lessee agree as follows:

1. Subject of Lease. Lessor leases to Lessee the real property in the Municipality of Dededo, territory of Guam described as follows, hereinafter the "Demised Premises":

Cultural Center Lease Agreement Page 2of13

Lot No.11, Block No. 3, Tract No. 1143, Municipality of Dededo, Guam, containing, an area of 1,920± square meters or 20,667± square feet, as shown on map L.M. Check No. 472-FY97, Drawing No. 14-97T632, Agricultural Subdivision Survey Map of Tract 1143 (formerly lot 1O120-17, Dededo, for Lease Purposes Only). Recorded under Document No. 572938, Certificate of Title No. 88094.

2, Term: Lessee shall have and hold the Demised Premises for a term of twenty-five (25) years commencing on JUNE 1, 2008 and ending on JUNE 1, 2033, unless sooner terminated in accordance with the terms-of this Lease. Lessee may opt to renew this Lease for one (1) additional twenty-five (25) year term so long as not in default upon the expiration of the first of the first twenty-five (25) year term.

3. Rent. Lessee shall pay Lessor, in addition to any other charges required to be paid hereunder by Lessee, rent for the Demised Premises in annual installments. Each annual installment of rent due hereunder shall be paid in advance on the anniversary date hereof.

a. Nominal Rent for Income-Tax Exempt Lessees. Lessee shall have provided to Lessor prior to entering into this Lease, a written determination or other proof from the appropriate government authority, signifying Lessee's status as a tax-exempt entity. Tax-exempt status shall allow Lessee to pay a nominal annual rental amount as provided for in the rules governing this Lease at the time the Lease is entered into by Lessor and Lessee.

b. Rental Amount. The annual rental amount is One Hundred Dollars · ($100.00), which shall be due for each of the twenty-five (25) years of the term of this Lease. If the term of this Lease is renewed for an additional twenty-five (25) years, then for each year of the renewal term, the rent shall be Three Hundred Dollars (300.00). The annual rent shall be due each year on the anniversary date of this Lease.

c. Payee. All amounts due as rent under Section 3.b above shall be made payable to the Chamorro Land Trust Commission in accordance with P.L. 22-18, Section 3.d, but shall be delivered to Lessor in the name of the Chamorro Land Trust Commission for the sake of record-keeping. Lessor shall transmit any amount paid for rent under Section 3.b above to the Commission. Any and all other amounts due or which may become due according to the other terms of this Lease shall be paid directly to Lessor.

Cultural Center Lease Agreement Page 3 of 13

4. Taxes and Assessments. In addition to the rent payable under Section 3 above, Lessee shall pay and discharge promptly as the same become due and before delinquency all taxes and assessments, whether general or special, of every kind which may be levied or assessed or become a lien on or against the Demised Premises or any part thereof, or any building or improvements on the Demised Premises, or on or against the leasehold of Lessee, during the term of this Lease. Any such taxes or assessments which shall relate to a fiscal year during which the terms of this Lease shall commence or terminate shall be prorated between Lessor and Lessee.

5. Warranties of Title and Quite Enjoyment. Lessor covenants that Lessor is seized of the real property in fee simple and has full right to make this Lease and that Lessee shall have quiet and peaceable possession of the Demised Premises during the term hereof.

6. Use of Premises. The Demised Premises shall be used by Lessee only for the purpose of a clubhouse or building, as constructed by Lessee, in which Lessee regularly conducts it normal activities. Lessee shall comply with all sanitary laws, rules and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the Demised Premises. The use by Lessee of the premises for any other use other than for the specific purpose for which it is leased shall give Lessor the right to terminate this Lease in its sole discretion.

. 7. Covenant against Gambling. In no event shall the Demised Premises be used for the purpose of gambling, except to the extent that Lessee is licensed and legally may do so, and Lessee specifically agrees to observe this covenant for itself, its members, guests, employees, and any other persons using the premises. Any breach of this covenant at any time by Lessee or any person on the premises shall result in the automatic termination of this Lease without notice to Lessee at Lessor's option.

8. Construction of Improvements.

a. Covenant to Erect New Improvements. On delivery of possession of the Demised Premises to Lessee pursuant to the terms of this Lease, Lessee shall within one year following the effective date of this Lease, begin construction on the Demised Premises a building or buildings, or other improvements, for the purpose of conducting its normal activities, at its sole cost and expense in accordance with plans, specifications, and a detailed description of the work which shall be approved by Lessor. Improvements to be constructed shall be in substantial conformity to the conceptual plans submitted by Lessee to Lessor prior to the execution of this Lease and upon which approval of this Lease was granted. In the event of disapproval of the plans and specifications, Lessor shall give to


Lessee an itemized statement of reasons therefore within twenty (20) days after the same are submitted to Lessor. Lessor shall not unreasonably withhold its approval. Prior to the commencement of any such work, Lessee shall furnish Lessor with a good and sufficient surety bond guaranteeing the completion of such improvements and the payment of all bills therefore. Construction shall be completed within three years of the effective date of this Lease.

b. Further Construction. Lessee shall further have the right to construct on the Demised Premises other improvements or to make alterations or additions thereto and to remove, remodel, demolish, and rebuild the same as approved by Lessor. All such buildings and improvements constructed, altered or repaired by Lessee shall be and remain Lessee's property. All improvements or alterations and additions thereto shall comply with any building code or regulations in force.

9. Failure to Construct. If Lessee shall have failed to begin construction of a building or any improvement within one year of the effective date of this Lease, then this Lease shall automatically terminate and be void and of no force or effect. If Lessee shall have failed to complete construction of the improvement or improvements within three years of the effective date of this Lease, then Lessor may terminate this Lease at its sole option.

10. Repairs and Destruction of Improvements.

a. Maintenance of Improvements. Lessee shall, at all times during the Lease term and at its own cost and expense, and without any expense to Lessor, keep and maintain the premises, including all buildings and improvements of every kind which may be a part thereof, and all appurtenances thereto, in good sanitary and neat order, substantial condition and repair, and except as specifically provided herein, restore and rehabilitate any improvements of any kind which may be destroyed or damaged by fire, casualty, or any other cause whatsoever. Lessor shall not be obligated to make any repairs, replacements, or renewals of any kind, nature, or description, whatsoever to the Demised Premises or any buildings or improvements thereon.

b. Damage to and Destruction of Improvements. The damage, destruction, or partial destruction of any building or other improvement which is a part of the premises shall not release Lessee from any obligation hereunder, except as hereinafter expressly provided, and in case of damage to or destruction of any such building or improvement, Lessee shall at its own expense promptly repair and restore the same to a condition as good or better than that which existed prior to such damage or destruction. Without limiting such obligations of Lessee, it is agreed that the proceeds of any insurance covering such damage or destruction shall be made available to Lessee for such repair or

replacement.


11. Compliance with Laws; Prohibition against Waste. During the term of this Lease, Lessee shall comply with all applicable laws affecting the Demised Premises. Lessee shall not commit waste on the Demised Premises except as necessary for the removal or construction of any buildings and improvements thereon as required or permitted by this Lease.

12. Utilities. All water, gas, electricity, telephone, telegraph, and other public utility services used on or furnished to the Demised Premises during the term hereof shall be in Lessee's name and paid for by Lessee.

13. Liens. Lessee shall keep the fee estate of the Demised Premises free and clear from all mechanics' and materialmen's and other liens for work or labor done, services performed, materials, appliances, power contributed, used or furnished or to be used in or about the Demised Premises for or in connection with any operations of Lessee, or any alteration, improvement, repairs, or additions which Lessee may make or permit or cause to be made, or any work or construction by, for, or permitted by Lessee on or about the Demised Premises.

14. Indemnification of Lessor. Lessor shall not be liable for any loss, injury death, or damage to persons or property which at any time may be suffered or sustained by Lessee or by any person whosoever may at any time be using or occupying or visiting the Demised Premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or of any occupant, visitor, or user of any portion of the Demised Premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth, and Lessee shall indemnify Lessor against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. Lessee hereby waives all claims against Lessor for damages to the buildings and improvements that are now on or hereafter placed or built on the Demised Premises and to the property of Lessee in, on, or about the Demised Premises, and for injuries to persons or property in or about the Demised Premises, from any cause arising at any time during the term hereof.

15. Assignment and Subletting. Lessee shall not transfer, assign or sublet the Demised Premises, or grant any concession or license to use the premises or any part thereof, without the prior express written approval of Lessor. Any transfer, assignment, subletting, concession, or license, or any attempt to do so without Lessor's prior written consent shall be void and shall, at Lessor's option, terminate this Lease. A consent by Lessor to one transfer, assignment, sublease, concession, or license shall not be deemed to be a consent to any subsequent transfer, assignment, subletting, concession or license. The terms of this Lease shall bind any approved assignee, sublessee,


transferee, concessionaire, or licensee.

16. Encumbrance of Leasehold Interest.

a. Lessee's Right to Encumber Leasehold Interest. Lessee may encumber by mortgage or deed of trust, or other proper instrument, its leasehold interest and estate in the Demised Premises, together with all buildings and improvements placed by Lessee thereon, as security for any indebtedness of Lessee. The execution of any such mortgage or deed of trust, or other instrument, or the foreclosure thereof, or any sale thereunder, either by judicial proceeding or by virtue of any power reserved in such mortgage or deed of trust, or conveyance by Lessee to the holder of such indebtedness, or the exercising of any right, power, or privilege reserved in any mortgage or deed of trust, shall not be held as a violation of any of the terms or conditions hereof, or as an assumption by the holder of such indebtedness personally of the obligations hereof. No such encumbrance, foreclosure, conveyance, or exercise of right shall relieve Lessee of its liability hereunder.

b. Notice of Holder of Encumbrance; Right of Holder to Cure Lessee's Default. If Lessee shall encumber its leasehold interest and estate in the Demised Premises and if Lessee or the holder of the indebtedness secured by such encumbrance shall give notice to Lessor of the existence thereof and the address of such holder, then Lessor will mail or deliver to such holder, at such address, a duplicate copy of any and all notices in writing which Lessor may, from time to time, give to or serve on Lessee under and pursuant to the provisions hereof; such copies shall be mailed or delivered to such holder at, or as near as possible to, the same time as notices are given to or served on Lessee. Such holder may, at its option, at any time before the rights of Lessee shall have been terminated as provided herein, pay any of the rents due hereunder, or pay any taxes and assessments, or do any other act or thing required of Lessee by the terms hereof, or do any act or thing which may be necessary and proper to be done in the observance of the covenants and conditions hereof, or to prevent the termination hereof; all payments so made, and all things so done and performed by such holder shall be as effective to prevent a forfeiture of the rights of Lessee hereunder as the same would have been if done and performed by Lessee.

17. Priority of Lessor's Rights Over Encumbrances. Except as herein provided, no mortgage, deed of trust, mechanic's lien, or other encumbrance, lien, or security interest in, on, or against the Demised Premises or the improvements to be constructed thereon shall in any way, matter, or degree effect the interest of Lessor in the improvements or its rights on the premises. Lessee shall give written notice of such priority of Lessor's rights to any contractor or contractors furnishing material or labor for any building or improvements to be erected on the premises or any other improvements made thereon before any such contract is let. Furthermore, Lessor shall have the right and


privilege to pay or discharge any lien thereby accruing, or any portion of the same after it is legally established, and Lessee shall be obligated to repay Lessor the amount so paid as additional rent due from Lessee, together with interest at the legal rate per annum from the date of the payment.

18. Prohibition of Involuntary Assignment. Neither this Lease nor the leasehold estate of Lessee nor any interest of Lessee hereunder in the Demised Premises or any buildings or improvements thereon shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner whatsoever (except through a statutory merger or consolidation) and any such attempted involuntary assignment, transfer, or sale shall be void and if no effect.

19. Effect of Bankruptcy. Without limiting the generality of the provisions of the preceding Section 18, Lessee agrees that in the event any proceedings under any bankruptcy law or any amendment thereto shall be commenced by or against Lessee, and, if against Lessee, such proceedings shall not be dismissed before either an adjudication in bankruptcy or the confirmation of a composition, agreement, or plan or reorganization, or in the event Lessee is adjudged insolvent or makes an assignment for the benefit of its creditors, or if a receiver is appointed in any proceeding or action to which Lessee is a party, with authority to take possession or control of the Demised Premises or the business conducted thereon by Lessee, and such receiver is not discharged within a period of thirty (30) days after his appointment, any such event or any involuntary assignment prohibited by the provisions of the preceding Section 18 shall be deemed to constitute a breach of this Lease by Lessee and shall, at the election of Lessor, but not otherwise, and without notice or entry or other action of Lessor terminate this Lease and also all rights of Lessee hereunder and in and to the Demised Premises and also the rights of any and all persons claiming under Lessee.

20. Parties Bound. Subject to the provisions hereunder, this Lease shall be binding on and shall inure to the benefit of and shall apply to the respective successors and assigns of Lessor and Lessee, and all references in this Lease to "Lessor" or "Lessee" shall be deemed to refer to and include successors and assigns of Lessor or Lessee without specific mention of such successors or assigns.

21. Effect of Eminent Domain. If the portion of land taken under the power of eminent domain by any person or by any public or quasi-public authority renders the remainder of the Demised Premises unsuitable for the uses or use for which the land was leased, Lessee shall have the option to surrender this Lease and be discharged and relieved from any further liability on giving to Lessor written notice of such election within twenty (20) days after such appropriation or taking. In such event Lessee shall be released from any further liability under this Lease as of the date of such appropriation or taking, and rent, taxes, and assessments shall be prorated as of such date.


If this Lease shall not be terminated, as provided above, but shall continue as to that portion of the Demised Premises which shall not have been appropriated or taken, then in that event Lessors agrees that effective as of the date of such appropriation or taking, the rent shall be reduced in the ratio that the land area taken which is included within the Demised Premises before such appropriation or taking.

22. Holdover by Lessee. Should Lessee remain in possession of the Demised Premises with the consent of Lessor after the natural expiration of this Lease, a new tenancy from month to month shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof but shall be terminable on thirty (30) days' written notice served by either Lessor or Lessee on the other party, or shall automatically terminate upon the entering into of a new lease by Lessor and Lessee. In the event of a holdover, the monthly rent shall be one-twelfth of the last annual rent paid.

23. Insurance.

a. Insurance Coverage of Premises. Lessee shall, at all times during the term of this Lease and at Lessee's sole expense, keep all improvements which are now or hereafter a part of the premises insured against loss or damage by fire and the extended coverage hazards for at least one hundred percent (100%) of the full replacement value of such improvements, with loss payable to Lessor and Lessee as their interest may appear. Any loss adjustment shall require the written consent of both Lessor and Lessee. Full replacement value of improvements shall mean the actual replacement cost thereof less exclusions provided in the normal fire insurance policy. The deficiency in any failure of Lessee to insure for full replacement value shall be borne solely by Lessee.

b. Personal Injury Liability Insurance. Lessee shall maintain in effect throughout the term of this lease personal injury liability insurance covering the premises and its appurtenances in the amount of at least One Hundred Thousand Dollars ($100,000.00) for injury to or death of any one person, and at least Fifty Thousand Dollars ($50,000.00) for any one accident or occurrence, and at least Fifty Thousand Dollars ($50,000.00) for property damage. Such insurance shall specifically insure Lessee against all liability assumed by it hereunder, as well as liability imposed by law, and shall insure both Lessor and Lessee but shall be so endorsed as to create the same liability on the part of the insurer as though separate policies had been written for Lessor and Lessee.

c. Lessee to Make Prompt Payments. All of the policies of insurance referred to in this section shall be written in form satisfactory to Lessor and by insurance companies satisfactory to Lessor. Lessee shall pay all of the premiums therefore and deliver such policies, or certificates thereof, to Lessor, and in the event of failure to pay or deliver, shall be in default of this Lease carrying the same consequence as failure to pay any installment of rental. Lessor shall not be obligated to pay any obligations of Lessee hereunder.


24. Default. If Lessee shall fail or neglect to observe, keep, or perform any of the covenants, terms, or conditions herein contained on its part to be observed, kept, or performed, and such default shall continue for a period of thirty (30) days after written notice from Lessor setting forth the nature of Lessee's default, then and in any such event, Lessor shall have the right at its option, on written notice to Lessee, forthwith to terminate this Lease without prejudice to any other remedy or right of action for arrears or rent or for any proceeding or other breach of contract. All rights of Lessee hereunder shall thereupon cease, and Lessor without further notice to Lessee shall have the right immediately to enter the Demised Premises and take possession thereof with or without process of law and to remove all personal property from the premises and all persons occupying the premises and to use all necessary force therefore and in all respects to take the actual, full and exclusive possession of the premises and every part thereof as of Lessor's original estate, without incurring any liability to Lessee or to any persons occupying or using the premises for any damage caused or sustained by reason of such entry on the premises or such removal of such persons or property there from.

25. Ownership of Improvements on Termination of Lease. On termination of this Lease for any cause, any buildings, improvements or alterations built, constructed, or placed on the Demised Premises by Lessee, with the exception.of fixtures removable without damage to the premises and movable personal property, shall unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain on the Demised Premises at the expiration or sooner termination of this Lease. Any lien, claim or security interest on any improvements or on Lessee's leasehold interest in the Demised Premises shall remain the obligation of Lessee.

26. Lessee's Option to Terminate Lease. Lessee shall have the right to terminate this Lease by giving written notice to Lessor at least thirty (30) days prior to the effective date of termination. However, this option may in no event be exercised during the construction of the improvements contemplated by Section 8.a, or during the existence of any outstanding lien or encumbrance on Lessee's leasehold interest in this Lease.

27. Abandonment. Lessee shall not vacate or abandon the premises at any time during the term of the Lease. If Lessee shall abandon, vacate or surrender the Demised Premises, or be dispossessed by process of law, or otherwise, Lessor may, at its option, enter the Demised Premises by any means without being liable for any prosecution therefore, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at its discretion, as agent for Lessee, relet the Demised Premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would have been payable under this Lease during the balance of the unexpired term, if this Lease had continued in force, and the net rent for such period realized by Lessor by means of such reletting. Any personal


property belonging to Lessee and left on the premises shall be deemed to be abandoned, at the option of Lessor, and Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so.

28. Lessor's Right of Entry. Lessee shall permit Lessor and the agents and employees of Lessor to enter into and upon the Demised Premises at all reasonable times for the purpose of inspecting the same, or for the purpose of posting any notice of nonresponsibility in accordance with the terms of this Lease, without any rebate of rent and without any liability to Lessee for any loss of occupation of quiet enjoyment of the premises thereby occasioned. Further, Lessor and any agents or representatives of the government of Guam reseNe the right to enter the Demised Premises for the purpose of performing any public or official duties and for maintaining or adding public utilities.

29. Caveat re Possibility of Reversion to United States. The real property which is the subject of this Lease may be subject to a possible reversion to the United States of America because of a possible failure of the government of Guam to comply with the conditions of the grant from the federal government. This notice is given pursuant to P.L. 22-18, Section 8.

30. Surrender of Possession. Lessee shall, on the last day of the term, or on earlier termination and forfeiture of the Lease, peaceably and quietly surrender and deliver the Demised Premises to Lessor free of subtenancies, including all buildings, additions, and improvements constructed or placed thereon by Lessee, except moveable trade fixtures, all in good condition and repair. Any trade fixtures or personal property belonging to Lessee, if not removed at the termination or default, and if L\3SSor shall so elect, shall be deemed abandoned and become the property of Lessor without any payment or offset therefore. Lessor may remove such fixtures or property from the Demised Premises and store them or destroy them, at Lessor's option, and at Lessee's expense. Lessee shall repair and restore all damage to the Demised Premises caused by removal of equipment, trade fixtures, and personal property.

31. Notices. Wherever in this Lease it shall be required or permitted that notice be given by either party to this Lease to the other, such notice must be in writing and must be given personally or forwarded by certified mail addressed as follows:

TO LESSOR: Director, Terezo R. Mortera Department of Land Management P.O. Box 2950 Hagatna, Guam 96910 Tel. No. 649-5263; ext: 600

"

.·


TO LESSEE: President, JUSTIN RDIALL ASAHI ASSOCIATION of Guam 178A NIYOK AVENUE, MANGILAO, Guam 96931

Tel. No. 483-4462 I 482-4578

Such addresses may be changed from time to time by notice given hereunder.

32. Waiver. Acceptance of rent by Lessor shall not be deemed a waiver of any breach by Lessee of any term, covenant or condition of this Lease, nor of Lessor's right to declare and enforce a forfeiture for any such breach by Lessee. The failure of Lessor to insist upon strict performance of any such term, covenant or condition shall not be construed as a waiver or relinquishment of any term, covenant, condition or option. Notwithstanding any provision contained in this Lease to the contrary, Lessor may in writing allow additional time beyond the time or times specified herein to Lessee in which to comply, obseNe and perform any of the conditions and covenants herein contained, so long as Lessee shows good cause in writing.

33. Submittal of Financial Statements. Lessee shall annually at the same time the annual rent is paid submit to Lessor its financial statements with proof of insurance.

34. Costs of Litigation. In the event Lessor shall without any fault on its part be made a party to any litigation commenced by or against Lessee, all costs arid expenses incurred by Lessor shall be paid by Lessee.

35. Lessor's Lien. Lessor shall have a lien on all improvements placed on the premises by Lessee, on all property kept or used on the premises, whether the same are exempt from execution or not, for all such costs, attorney's fees, rents reseNed, taxes and assessments paid by Lessor on behalf of Lessee, and for the payment of all money as provided in this Lease to be paid by Lessee, and such lien shall continue until the amounts due are paid.

36. Effective Date. This Lease must first be approved by the Attorney General and the Governor, and is not considered effective until the legislature concurs to it by statute.

IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written.


LESSOR:

A, Director Department of Land Management

) CITY OF HAGA TNA ) ss.:

)

ACKNOWLEDGMENTS

On this ~day of ~, 2008, before me, a Notary Public in and for the Territory of Guam, personally appeared TEREZO R. MORTERA, the Director of the Department of Land Management, Government of Guam, known to me to be the person whose name is subscribed to the within Lease, and he acknowledged to me that he executed the same.

IN WITNESS WHEREOF, I have hereunto affixed my name and official seal on the day and year first above written in Hagatna, Guam.

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JOEY ~1 LEON GUERRERO NOTARY PUBUC In and for Guam, U S A

My Commission Expires: Oct 31, 2009 _ P.9. Box 2950, Hagatna, Guam 96932

..


OB-051 7

ACKNOWLEDGMENTS

) CITY OF HAGA TNA ) ss.:

)

On this ll day of Jr{tl_, 2008, before me, a Notary Public in and for the Territory of Guam, personally appeared ASAHI ASSOCIATION President, known to me to be the person whose name is subscribed to the within Lease, and he acknowledged to me that he executed the same.

IN WITNESS WHEREOF, I have hereunto affixed my name and official seal on the day and year first above written in Hagatna, Guam.

NIKITA J. DECIPULO NOTARY PUBLIC

Jn Md~ Guem, U.SA L --~ Comn-.ion Elcplrw: Jiil 1a, -.1 ~200. 210-~ F.C. Flor.- StrMt

~ 98910

APPROVED AS TO LEGALITY AND FORM:

c ~ ==== "'----ALICIA G. LIMTIACO Attorney General of Guam

Date: ft /1q f !lb

CONCURRED:

GUAM LEGISLATURE

Date: ---------

GOVERNMENT OF GUAM:

FELIX P. CAMACHO Governor of Guam

Date: _______ _

ATTESTED:

Mi'CHAEL W. CRUZ, M.D. Lieutenant Governor of Guam

Date: ________ _

..

ASAHI ASSOCIATION OF GUAM 178A Niyok Avenue Mangilao, Guam 96913

May 12, 2008

To: Terezo R. Mortera Director, Department of Land Management POBox2950 Agana Guam 96932

Re: Required documents to lease government land

Greetings! As you may recall the Asahi Association of Guam acquired an agreement to lease Lot 11, Block number 3 in Lada, Dededo. We are also a registered member of the Federation of Asian and Pacific People on Guam.

As you know, we encountered a set back regarding an agreement to lease a different lot (Lot 9) that we had thought to be ours with another Palauan club. Lot 9 previously belonged to the VFW and is situated right beside our current Lot 11. We had purchased the old VFW Modular Building on the lot from the VFW and was suggested by the Department of Land Management to dismantle the structure and relocate to our lot as per your letter dated July 30, 2007 regarding "Moving of the old VFW Modular Building". (We have included your letter with this packet)

Due to lack of manpower, it took a considerable amount of time to dismantle and remove pieces of the structure as well as other debris that needed to be removed. However, we have completed dismantling of the Old Modular Building and are ready to move on to the next step of the leasing process.

Currently we have raised enough funds to meet the cost of the building materials. We have also secured a labor force for construction. There is a momentum of eagerness and we are anxious to complete the construction of our building. We believe the building will benefit the community as a whole.

We have compiled all the attached documents for review to lease government land. Please inform us of any missing documents or any necessary adjustments to make this a smooth process for all those involved.

'fl_.;.g, tB>u,~A~ Vice President, Hiob Bukunou

'·

.: .. '·

. Street Addre.ss: . c/ 590 S. Marine Corpi: '::~ ·.

-•· Drfv_!!, ·-~ -,, ITC Building _· .Tamunlng, Guam 9691-3. · ·

~ Mailing Address:

P.O. Box 2950 Hagatila, Guam 96932

E-mail Address: [email protected]

Telephone

671-649-5390

Facsimile

671-649- 5383

DIPATTANENTON MINANEHAN TANO' (OepartmentofLandManagemenlj

GUBETNANENTON GUAHAN (Government of Guam}

7/:3ifo1 /OUJO aJYl'

FELIX P. CAMACHO Governor of Guam

TEREZO R. MORTERA Director

MICHAEL W. CRUZ, M.D. Lieutenant Governor of Guam

MICHAEL C. JAMES Deputy Director

July 30, 2007

Asahi Association of Guam 178A Niyok Avenue Mangilao, Guam 96913

Re: Moving of the Old VFW Modular Building

Buenas yan Saluda! As per your letter dated June 27, 2007 in response to your request please be advised of the following.

1. On July 3, 2007, a field inspection was completed by our land agents on your assigned lot.

2. Your partial clearing on the property is an indication that the association is making an effort in trying to relocate the acquired club house.

3. With this in mind, the department is requesting that you removed the old VFW Modular Building from Tract 1143, Block 3, Lot 9, two weeks from now which ends August 12, 2007.

4. The association had eighteen (18) additional days from the time you submitted the letter on June 27, 2007 to today's date to relocate the the building to your assigned lot.

5. Refusal to remove the old VFW building, the department will seek the Attorney General Office for final determination.

Should you need further information, please don't hesitate to call Land Administration Division at 649-5390.

Senseremente,

Cc: Land Administration Division

s

..

The content of this packet are as follows:

I. Articles and Bylaws 2. Certificate of Tax Exepmtion 3. Employer Identification Number 4. Federation of Asian and Pacific People on Guam 5. Criteria for Elegebility 6. Agreement to reserve for leasing 7. Conceptual Plan (Please see Blue Print) 8. Cost Estimate 9. Financial State1nent IO.Latest Minutes

ASAHI ASSOCIATION OF GUAM

WAIVER OF NOTICE AND CONSENT R r: f'r !"'- t '· ~ To ACTION WITHOUT MEETING .. f~ lo; ~.·.. ~r b . ,

.l. l 1 ~tcn {JJ :ao...,.., JkJ-The undersigned, being all of the members and Board of Directors of AsAHJ / ·

ASSOCIATION OF GUAM, ("Association"), hereby waive notice of special meeting and said meeting and consent to action without meeting and adopt the following resolutions:

Amendment to Articles of Association

The following resolution was adopted by a majority of the members to amend the Articles of Association deleting the language in Articles Eight and Ten and replacing it with the following:

ARTICLE EIGHT AMENDMENTS TO ARTICLES

A. These articles may be amended or repealed, in whole or in party, only by majority vote of the association's members at a duly organized meeting called for this specific purpose where there is a quorum. No other business shall be discussed during amendment.

B. Notice of members shall be given not less then 24 hours in a published newspaper of general circulation specifying the agenda, date, time and place.

C. Any amendments or changes of officers and the board of directors shall be reported to the Department of Revenue and Taxation, Government of Guam.

- and -

ARTICLE TEN DISSOLUTION

In the event of dissolution, any remaining asset after satisfying all liabilities shall be donated to other religious or educational organization which is duly registered and recognized under section 50l(c)3 of the laws of the Department of Revenue and Taxation, Government of Guam.

RESOLVED, that said amendment to Articles of Association is hereby adopted and approved.

- Page 1of2 Pages -

Amendment to Bylaws of Association

The following resolution was adopted by a majority of the members to amend Bylaw Eight, Section 8.4 to delete the following:

Political Campaign $100.00 (each use) plus $500.00 deposit (refundable)

RESOLVED, that said amendment to Bylaws of Association is hereby adopted and approved.

ELECTION OF OFFICERS

The following resolution by the Board of Directors changing the office held by each person previously elected is adopted:

RESOLVED, that the following persons be elected as officers of the Association for the next ensuing corporate year until their successors have been elected and qualified:

Justin Rdiall - President Hiob Bukurrou- Vice-President

Clarence Masayos - Sergeant-At-Arms Irene Techur - Treasurer

Asaia Ongalibang - Secretary /Public Relations Officer

RATIFICATION OF PRIOR ACTIONS

The following resolution approving and ratifying prior actions of the officers and directors of the Association is adopted:

RESOLVED, that all actions of the officers and directors of the Association taken prior to the effective date of these resolutions set forth herein are hereby ratified, confirmed and approved as official actions of the Corporation.

This Waiver of Notice and Consent to Action Without Meeting is executed by the e signed members and directors effective February l, 2007.

HIOB BUKURROU

IRENE TECHUR

- Page 2 of 2 Pages -

i , ~ ED REINSTATEMENT I DEP·;· OF REV·~,n~E AND

R. E &.· ~ ~,,, t. .. r~: ARTICLES oF ASsocIAnoN J' r A XI\T ~ o ~.~ C:i .. '.~·.v: · c trA.. M . i, . ~· ~ ~ t" OF - . I

. . • ... i. .., BlJ/{'~SS Rr··;,:· :o,,.,;,{;;. . , . \11}·~~-. ;-X1 1 ·c'·7 r1-.~1'1···""'·11A : . :_ ·"- '.'::-'; ' ,. ASAHI ASSOCIATION OF GU L : - > ~) <-

i DATE.- ·p: BY

To further common purposes, the members agree to organize under these artic es of association.

ARTICLE ONE NAME

The name of the association shoall be ASAHI ASSOCIATION OF GUAM.

ARTICLE TWO PRINCIPAL OFFICE

The principal office of the association shall be 178A Niyok Avenue, Mangilao, Guam 96913.

ARTICLE THREE PURPOSES

The purposes for which the association is formed are:

A To promote cultural unity and diversity among its members.·

B. To promote cultural unity among all Palauans and other ethnic groups residing on Guam; to foster common interests; to advance our well-being, including but not limited to, education and other public services; to respect and uphold the laws of Guam, the Constitution and the laws of the Republic of Palau;· and to promote, preserve, uphold and enhance the enrichment of our people's lives, now and forever, under the guidance of Almighty God.

C. To do anything necessary and proper for the accomplishment of any purposes set forth in the statement of principles adopted by the founders of the association.

D. The association is organized and operated exclusively for the above-stated purposes, and for other nonprofit purposes. No part of any net earnings shall inure to the benefit of any private member. ·

ARTICLE FOUR POWERS

In furtherance of the objectives described above, but not limited to these, the association shall have the power, to the extent such powei; is conferred or is not limited by law, to make and perform contracts for any lawful purpose, to engage in various funding and fund-raising activities, and to acquire, own, hold, operate, and maintain such property as to effectuate its purposes.

- 1 -

ARTICLES OF ASSOCIATION OF ASAHI ASSOCIATION OF GUAM

ARTICLE FIVE MEMBERSHIP

A. The association shall have one class of members only. All voting rights and other rights, interests, and privileges of each member shall be equal

B. The rights and privileges of members, their liability for dues and assessments, and the termination and transfer of membership shall be as stated in the bylaws.

ARTICLE SIX GOVERNING BODY

The powers of the association shall be exercised and its property controlled by a Board of Directors comprised of five (5) members. The qualifications, the time and manner of election, the terms, and duties of office and the manner of filling vacancies shall be set forth in the bylaws.

ARTICLE SEVEN OFFICERS

A. EJective officers. The officers of the association shall be president, vice president, secretary, treasurer, public relations officer, and sergeant-at-arms. Other offices and officers may be established or appointed by members of the assotiation at the regular annual meeting. The qualifications of, the time and manner of electing, the duties of, the terms of office of, and the manner of removing officers shall be set forth in the bylaws.

B. Standing committees. The association shall have at least two standing committees: The board shall elect annually, from among its members, an executive committee of three (3) persons and a committee on admissions of three (3) persons. Other committees may be specified in the bylaws or may be appointed from time to time by the board.

ARTICLE EIGHT AMENDMENTS TO ARTICLES

A. These articles may be amended or repealed, in whole or in party, only by majority vote of the association's members at a duly organized meeting called for this specific purpose where there is a quorum. No other business shall be discussed during amendment.

B. Notice of members shall be given not less then 24 hours in a published newspaper of general circulation specifying the agenda, date, time and place.

c. Any amendments or changes of officers and the board of directors shall be reported to the Department of Revenue and Taxation, Government of Guam.


ARTICLE NINE BYLAWS

Bylaws will be subsequently adopted. Such bylaws may be amended or repealed, in whole or in part, in the manner provided in such bylaws, and the amendments to the bylaws shall be binding on all members, including those who may have voted against them.

ARTICLE TEN DISSOLUTION

In the event of dissolution, any remaining asset after satisfying all liabilities shall be donated to other religious or educational organization which is duly registered and recognized under section 50l(c)3 of the laws of the Department of Revenue and Taxation, Government of Guam.

This Articles of Association supersedes all prior Articles of Association of Asahi Association of Guam.

These articles of association are adopted on 8th day of February, 2007, at 178A

Niyok Avenue, Mangilao, Guam. 0~ ' DATE: /? fib· ,)j7f1 lA-~~,,.,,._:f!____._t-=-4--=(,~(_' ____ _

DATE:

DATE: f .t.J--' ~I )-oo r

- 3 -

JUSTIN RDIALL, President 124 Sali Street Ordot, Guam

~~

Sergeant-At-Arms 315 Johnson Road Agana Heights, Guam

~iAf ;Ju/!~ IRENE TECHUR, Treasurer 178 Niyok Avenue

ASARIA ONGALmANG, Public Relations Officer 262 Adican Street Mangilao, Guam


ACKNOWLEDGEMENT

Hagatiia, Guam ) ss:

ON THIS ft~ day of February, 2007, before me, the undersigned notruy, personally appeared Justin. Rdiall, the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated

purpose. ~-....... ~'-"--+-L-~~~-=-.o..J...':"ILL!~µ.-~~~

FRANCINE RENEA 11. UNCANGCO NOTARY PUBLIC

In and for Guam. U.S.A. My Commiuion Expires: Nov. 03, 2008

Suite 200, 210 Ardlbithop F. C. Fiofn Street Haga1na, Ou.rn llet19


ON THIS ~ day of February 2007, before me, the undersigned notary, personally appeared Hiob Buk:urrou, the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated

purpose. ~ ~ ~ l«r~ IC

FRANCINE R.MEA II. UNCANGCO NOTARY PUBLIC

In and for Gu1m, U.S.A. My Commiuion Expiret: Nov. 03, 2008

Suite 200, 210Arohblahop F.C. Flot" Street ~tna. Guam 96910

Hagatiia, Guam ) ~

ON THIS-~~- day of February 2007, before me, the undersigned notary, personally appeared Clarence Masayos, the person whose name is signed on the preceding or attached document, and acknowled ed to me that he signed it voluntarily for its stated purpose. \_, ,

- 4 -

'-· vtit • OTARY PUBLIC

FRANCINE RENEA M. UNCANGCO NOTARY PUBLIC

In and for Guam. U.S.A. My Commiuion Expires: Nov. 03, 2008

Suite 200, 210 Arc:tibish-Op F.C. FlorH Strfft ~tna, GU11m 96910


Hagatn.a, Guam ) ~

ON THIS __r__ day of February 2007, before me, the undersigned notary, personally appeared Irene Teclw.r, the person whose name is signed on the preceding or attached document, and acknowledged to me t she signed it voluntarily for its stated

purpose. ~.

YPUBLIC FRANCINE RENEA II. UNCANGCO

NOTARY PUBllC In and tor Guam, U.S.A

My Commia.ion Expires: Nov. 03, 2008 Suite 200. 210 Archbishop F.C. Flor" StrMt

Hltgatna, Guam 96910

Hagama, Guam ) ss:

ON THIS gth day of February 2007, before me, the undersigned notary, personally appeared Asaria Ongalibang, the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily

for its srated purpose. '~~.~

- 5 -

NOTARY PUBLIC FRANCINE RENEA M. UNCANGCO

NOTARY PUBLIC In and tor Guam, U.S.A.

My Commission Expires: Nov. 03, 2008 Suite 200, 210Archbishop F.C. Flores Street

Hagatna, Guam 96910


REINSTATEMENT BYIAWS

OF

BYI.AWONE NAME

FILED DEPT OF RE"rr .. ,ie·e • l.- ::: ;\ t} AND

TAXATIOt~ Q(:\1. GJ . M

The name of the association shall be ASAHI ASSOCIATION OF GUAM.

BYLAW TWO PRINCIPAL OFFICE

The principal office of the association for the transaction of its business is located at 178A Niyok Avenue, Mangilao, Guam 96913. The association may have such other offices as may from time to time be designated by its members or its executive committee.

BYLAW THREE THE BOARD OJI' DIRECTORS

Section 3.1. Boan1 of Directnrs as Governing Body. The association shall be governed by a board of directors of five (5) members.

Section 3.2. Term of Service. The members of the board of directors first elected shall seive for ten (10) years.

Section 3.3. EJection to Bomrl of Directors. Election to the board shall be by ballot of the members. A plurality of votes cast shall be required to elect. Vacancies occurring on the board shall be filled, until the next annual election, by vote of the remaining members of the board.

Section 3.4. Nominating Committee. In January of each year the board shall appoint a nominating committee to consist of three (3) members of the association who are not members of the board. At least two (2) weeks before the annual meeting, such committee shall advise the secretary of its nomination of candidates for the vacancies in the board to be filled at the next annual meeting. These nominations shall be mailed, faxed, or emailed by the secretruy to the members of the.association.

Other nominations may be made in writing if signed by a majority of the members and delivered to the secretary at least two (2) weeks before the annual meeting. The nominations shall likewise be mailed, faxed or emailed by the secretruy to the members of the association.

Section 3.5. Executive Committee. The board shall elect annually, from among its members, an executive committee of three (3) members and may delegate to this committee power to transact, when the board is not in session, business not affecting the established policy or procedure of the association. The executive committee shall keep full minute~ of <::a<:h of its meetings and report the same to the next meeting of the board.

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'BYLAWS OF ASAHI ASSOCIATION OF GUAM

Section 3.6. Management of Association Property. Property of the association may be used in accordance with the directions of the board. The board shall not incur any debt or liability, or any combination of debts or liabilities, exceeding the net assets of the association.

Section 3. 7. Insignia, Colors, Badges, and Flags. The board may adopt insignia, colors, badges and flags for the association as it deems desirable.

Section 3.8. SignatJ1re on Contracts and FonnaJ Documents. Contracts and formal documents shall be signed by two (2) officers of the board, or by two (2) of its members whom the board shall designate.

BYLAW FOUR MEETINGS OF THE BOARD

Section 4.1. Regular Meetings. Regular meetings of the board shall be held on 5th of evezy month, unless such day falls on a legal holiday, in which event the regular meeting for that month shall be held at such time and place as may be designated by resolution of the board.

Section 4.2. Special Meetings. The president may call a special meeting of the board at any time. A special meeting must be called on the written request of any two (2) members of the board. At least days' notice by mail, fax, email or telephone of such meeting must be given to the members of the board. Tue notice must state the object of the meeting.

Section 4.3. Quomm. Three (3) members shall constitute a quorum at meetings of the board.

Section 4.4. Omer of Business. At meetings of the board, the following shall be the order of business:

1. Roll call

2. Minutes of preceding meeting and action thereon.

3. Reports of officers and committees.

4. Elections.

5. Unfinished business.

6. New business.

Section 4.5. Attendance. Any member of the board who is absent from three (3) consecutive meetings without a satisfactory reason shall be deemed to have resigned as a member of the board and shall cease to be a member of the board. Such member may, however, be re:instated by a majority vote of the board.

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BYLAWS OF ASAHI ASSOCIATION OF GUAM

BYLAWFNE OFFICERS

Section 5.1. Designation of Officers. The officers of the association shall be a president, a vice-president, a secretary, a treasurer, a public relations officer, and a sergeant at arms. The president and vice-president shall be elected annually by the board from among its elected members, and shall hold office until their successors shall have been elected. The secretary, treasurer, public relations officer, and sergeant at arms shall be appointed by, and hold office for a length of time determined by, the board. The offices of secretary and treasurer may be held by the same person. Any active member of the association shall be qualified to be an officer of the association.

Section 5.2. Duties of President.

( 1) Presicling Officer. The president, or in the absence of the president, the vice-president, shall preside over all meetings of the association and the board. In the absence of both, a temponuy presicling officer shall be elected from among the members present.

(2) Appointing Committees. The president shall appoint all committees of the association and of the board, unless it is specially provided or ordered otherwise.

(3) General Supervision. The president shall exercise a general supervision over all of the affairs of the association.

(4) Ex-Officio Member of Committees. The president shall be a member, ex officio, of all committees, but shall not be counted in determining a quorum. In the absence of the president, the vice-president may so seIVe.

Section 5.3. Duties of Vice President In the absence or disability of the president, the vice president shall perform all duties of the president, and in so acting shall have all powers of, and be subject to all restrictions on, the president.

Section 5.4. Duties of Secretazy. The secretary shall keep a complete record of all proceedings and correspondence of the association and board. The secretary shall send notices of meetings by mail to members of the association or board as required. The secretary shall keep a membership book containing the names and addresses of each member of the association and the date and manner of termination of any such membership, and shall perform all other duties usually appertaining to the office of secretary.

Section 5.5. Duties of Treasurer. The treasurer shall keep the books and accounts of the association, and shall perform any other duties usually assigned a treasurer. The treasurer shall give bond, if required by the board. The treasurer shall make payments only for bills properly approved by the board. The treasurer shall co-sign with the president or vice-president all checks drawn on the accounts of the association. In the absence or incapacity of the treasurer, the treasurer's power to sign checks may be delegated by the board to one of its members.

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Section 5.6. Duties of Pnb1ic ReJations Officer. The public relations officer shall coordinate all projects with applicable government agencies and other private groups as deemed appropriate and necessacy. The public relations officer shall be responsible for researching all information and material that the association may require for its business .

. The public relations officer shall report to the president and the boa.rd any and all information regarding any activities of the association as appropriate.

Section 5.7. Sergeant-at-Anus. The sergeant at arms shall be responsible for keeping order during all meetings of the association, consistent with the most current version of Robert's Rules of Order, and shall keep order at other official functions, as directed by the president. The sergeant at arms shall have the power and authority to remove any officer or officers or members of the boa.rd if and when necessacy in order to prevent any disruptive behavior or unruly activities during any and all meetings of the board or any recognized function of the association; and in addition, shall remove any guest or guests invited to any meeting of the board or function of the association, as directed by the president, or in his absence, the vice president.

BYLAW SIX COMMITTEES

The committees. of the association as they are constituted and empowered by the board are as follows:

(1) Executive Committee. This committee's duties and the number of its members are set forth in Bylaw Three, Section 3.5.

(2) Committee on Admissions. This committee shall consist of three (3) members of the board and shall investigate the qualifications of applicants for membership and report its findings to the board.

(3) Special Committees. Special committees may be appointed from time to time by the board or the president to consider and report to the board on subjects requiring investigation.

(4) Appointment; Tenure. Committee members may be appointed by the president to hold office until relieved if the board so requests.

BYLAW SEVEN MEMBERSHIP

Section 7.1. Classes of Membership. The classes of membership are as defined in the articles of association.

Section 7.2. The Membership of this Association shall be the three united established Palauan State Clubs on Guam, namely Ngiwal Club, Melekeok Club, and Ngchesar Club.

Section 7.3. Any Palauan who is not a registered member of these State Clubs, but who came from one of these states, is considered a member of the Asahi Association.

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Section 7.4. Any Palauan State Club on Guam who may share the same interest and purpose as that of the association may apply for membership subject to the approval of the Board.

Section 7.5. Application. Any Palauan State Club and/or group may become a member by submitting an application, with an official form to be provided by Asahi, plus application fee of $250.00, non-refundable, to the Asahi Board for review. If said application is approved by a majority of the Board members a written notification will be given within thirty (30) days. If, however, the application is disapproved by said Board, a written notification stating the reason or reasons for such disapproval shall be given within thirty (30) days in writing to the representative or representatives of any Palauan State Club.

Section 7.6. Infonnation on Candidates. The name, address and occupation of a candidate and a statement of his or her qualifications, together with the names of the candidate's sponsor and seconders shall, after receipt by the board, be referred to the committee on admissions. The committee shall send the information to each member of the association, with a request for confidential information concerning the candidate. The committee on admissions shall report its findings to the board which shall then proceed to ballot in accordance with the provisions of Section 7 .5 of this bylaw.

Section 7. 7. Notification and Subscription of Elected Candidate. An elected candidate shall be notified and shall subscribe to the articles of Association and bylaws of the association within two (2) months after election. If the candidate does not so subscribe, the election shall be void.

Section 7.8. Proceedings Confidential. All proceedings of the board or any part thereof, acting as a committee on admissions, shall be privileged and confidential.

Section 7.9 Tennination of Membership. A State Club who wishes to terminate must tender a letter of termination to the Board.

BYLAW EIGHT ANNUAL DUES AND FUNCTION FEES

Section 8.1. Monthly Dues. The monthly dues shall be $25.00 for each state club. Individual dues shall be $2.00 per month.

Section 8. 2. Remission of Dues. In a special case, the board is empowered to remit the annual dues of a member should a majority of the members of the board deem such action to be in the best interest of the association.

Section 8.3. Effect of Nonpayment of Dues. Any member neglecting to pay dues or obligations of any kind for a period of six (6) months after they are due, provided notice has been mailed to the member, shall forfeit its rights to membership. After one additional month, if such dues or obligations are still unpaid, the member may be dropped from the roll of membership at the discretion of the board. If such discretion is not exercised, the

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member shall be dropped from the roll at the end of the calendar year.

Section 8.4. Function Fees. Birthday Parties $100.00 (each use) plus $50.00 deposit

(refundable) plus $50.00 deposit

(refundable) Wedding Parties $100.00 (each use)

House Parties$100.00 (each use) plus $50.00 deposit (refundable)

Religion Groups $100.00 (each use) plus $50.00 deposit (refundable)

Any other party fee $100.00 (each use) plus $50.00 deposit (refundable)

Klechedaul Fee $300.00 with exception of Asahi Members

State Club Meeting $25.00 must clean the premises after meeting

BYLAW NINE TERMINATION OF MEMBERSHIP

Section 9.1. Tennination by Resignation, Death, or ExpuJsion. The membership of any member of the association shall automatically terminate on the member's death or the member's written request for termination delivered to the president or secretary of the association, or upon the member's expulsion by the board.

Section 9.2. Rights on Tenpjnation. On termination of membership, any right, title or interest of the member in or to the property and assets of the association shall cease. All sums due and owing to the association from any person who has terminated his or her membership shall remain a debt owed to the association by such person. Such debt shall be enforceable against the person or against the person's estate.

BYLAW TEN SUSPENSION AND EXPULSION OF MEMBERS

Section 10.1. Grounds for Suspension or Expulsion. Any member may be suspended or expelled from the association for willful infractions of the house rules or of any bylaw, or for acts of conduct that the board may deem disorderly, injurious or hostile to the interest or objectives of the association, provided the board gives notice to such offending member of the proceedings against him or her and is provided an opportunity to be heard in his or her own defense.

Section 10.2. Initiation of Suspension or Expulsion. Proceedings under this section shall OObe initiated by resolution of the board or on complaint ag~st any member signed

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by three (3) other members and filed with the secretary. On adoption of the resolution or receipt of the complaint, as the case may be, the board shall schedule the matter to be heard at the first regular, or a special, meeting of the board. The secret.my shall deliver to the accused member, at least ten (10) days prior to the date of the hearing, a copy of the resolution or complaint, together with a notice of the time and place of hearing.

Section 10.3. Hearing. The president shall preside at such hearing and shall read the charges against the accused member. Such member shall be allowed to make a statement in his or her own behalf, cross-examine opposing witnesses, and call witnesses on his or her own behalf.

Section 10.4. Dete:rmhlation of Hearing. The board may, by the affirmative vote of three (3) {two-thirds or as the case may be) of its members, request the offending member to resign or may suspend or expel the member. Should he or she decline to resign following such request, the member's name shall be stricken from the rolls by the board.

BYIAW ELEVEN ANNUAL MEETING OF ASSOCIATION--QUORUM

Section 11.1. Date of AnmrnJ Meeting. The annual meeting of the association for the election of members of the board and the transaction of the general business of the association, shall be held on 2nd Thursday of January of each year.

Section 11.2. Special Meetings. Special meetings of the association may be called at any time by the president, and must be called at any time by the president, or in the Oabsence of the president, by the vice-president or secretary, on the written request of a majority of the board, or on the written request of not less than majority of members of the association. Ten (10) days notice of any special meeting must be given to the members of the association. The notice must state the object of the meeting.

Section 11.3. Quon1m. A simple majority of the members shall constitute a quorum at meetings of ~e association.

Section 11.4. Onier of Business. At the annual meetings of the association, the following shall be the order of business:

(1) Roll Call. (2) Report on election of new board members and on amendments. (3) Report of the president. (4) Address of guest speaker and discussion.

Section 11.5. Secretazy's RePJrt. The report of the secretary, summarizing the actions of the board for the year, shall be printed as an appendix to the proceedings of the meeting, even if it is not formally presented at the meeting.

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BYIAW 'IWELVE AMENDMENTS

These bylaws may be amended by the affirmative vote of a majority of the members voting at any regular or special meeting of the association, provided notice of such amendment or amendments and their nature is given to the members of the association at least one (1) months prior to the date of the meeting at which such amendment or amendments are to be presented for consideration. Any adopted amendments to the bylaws shall be binding on all members, including those who voted against them. Members not present at such meeting may vote by letter addressed to the secretary.

BYI.AW THIRTEEN SUBSCRIPTION

By signing these bylaws, the member agrees and consents to any obligation incurred by the association in the past, or to be incurred in the future.

BYLAW FOURfEEN DISSOLUTION

In the event of dissolution, any remaining asset after satisfying all liabilities shall be donated to other religious or educational organization which is duly registered and recognized under section 501 (c)3 of the laws of the Department of Revenue and Taxation, Government of Guam.

This Bylaws of Association supersedes all prior Bylaws of Association of Asahi Association of Guam.

DATE: g ~ · dl2(2 ±-

DATE: r.e/J' 2f'1 2l)0 7

DATE:

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JUSTIN RDIALL, President 124 Sali Street Ordot, Guam

mos BUKURROU, Vice-President 686 Gatbu Drive, Wusstig Road Yigo, Guam


DATE: IRENE TECHUR, Treasurer l 78A Niyok Avenue Man o, Gu

DATE:

Mangilao, Guam

ACKNOWLEDGEMENT

Hagatiia, Guam ) ID_ ON THIS ~ day of February 2007, before me, the undersigned notary,

personally appeared Justin Rdiall, the person whose name is signed on the preceding or

~=::. documen~ and acknowledged W me ~~ \:~U:~ smred

OTARY PUBLIC

Hagatfia, Guam J ss:

FRANCINB Rl'NU.11. 1J1'CAlfOCO NOTARY PUBLIC

II\ ~ fw Gu.m, U S.A. »yc~~:Nov.Ol,200t

~200,210~F.C.~stteM IWgalne, Gutim M110

ON THIS <?fu day of February 2007, before me, the undersigned notary, personally appeared Hiob Bukku.rou, the person whose name is signed on the preceding or attached document, and acknowledged to me the signed it voluntarily for its stated purpose.

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OTARY PUBLIC

FRANCINE RENEA M. UNCAlfGCO NOTARY PUBLIC

In and for Guam. U.S.A. My Commiuion Expintt: HOY. 03, 200I

Suite 200, 210ArcN>lthop F.C. Florn Shet ~•.Guam tle810


Hagatiia, Guam ) r11.= ON TIDS ){ J!! day of February 2007, before me, the undersigned notary,

personally appeared Clarence Masayos, the person whose name is signed on the preceding or attached document, and acknowled eel to me that he signed it voluntarily for

its stated purpose. . ~

TARY UB IC

FRANCINE RENF.A 11. UNCAMGCO NOTARY PUBLIC

In and fof Guam, U.SA My Commission Expires: Nov. 03. 2008

Suit. 200, 210 Archbiahop F.C. Aofes Street Hegatne, Oulim lill91 O


~fu . ON THIS () day of February 2007, before me, the undersigned notary,

personally appeared Irene Techur, the person whose name is signed on the preceding or ;=:: document, and aclmowledged to me ~~~~r its stated

OTARYPUBLIC


FRANCINE RENEA 11. UNCANGCO NOTARY PUBLIC

In and for Guem, U.S.A. ~y CoflllTliWon ~: Nov. 03 2008

Suite 200, 210 Arohbi9hop F.C. Flor~ Street H&g.ina, Guam 96910

ON THIS iti day of February 2007, before me, the undersigned notary, personally appeared Asaria Ongalibang, the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily

for its stated purpose. ~~ ~. ~-OTARY PUBLIC

FRANCINE RENEA M. UNCANGCO NOTARY PUBLIC

In and for Guam, U.S.A. My Comrrmion Expires: Nov. 03, 2008

Suite 200, 21 O Arctlbishop F. C. Flores Street

.__ ___ Ha-gatn __ •_. G_U11_m_96- 9-1-0 ----l BYLAWS 0 F

ASAHI ASSOCIATION OF GUAM - 10 -

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~ ~~ IRS DEPARTMENT OF THE TREASURY ltJlllJ INTERNAL REVENUE SERVICE

PHILADELPHIA PA 19255-0023

004972

I

004872.306464.0014.001 1 MB 0.326 532

11.1 ... 11 •• 1.1 .... 11 •••• 11.11 ... 11 .... 11.1 ... 1 •• 11.1 ... 111 ... 1

ASAHI ASSOCIATION OF GUAM " HIOB BUKURROU PO BOX 6637 TAHUNING GU 96931

Date of this notice: 02-06-2007

Employer Identification Number: 66-0689377

Form: SS-4

Number of this notice: CP 575 E

For assistance you may call us a 1-800-829-4933

IF VDU WRITE, ATTACH THE STUB OF THIS NOTICE.

WE ASSIGNED VOU AN EMPLOYER IDENTIFICATION NUMBER

Thank you for applying for an Employer Identification Number CEIN). We assigned you EIN 66-0689377. This EIN will identify your business account, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records.

When filing tax documents, please use the label we provided. If this isn't possible, it is very important that you use your EIN and complete name and address exactly as shown above on all federal tax forms, payments and related correspondence. Any variation may cause a delay in processing, result in incorrect information in your account or even cause you to be assigned more than one EIN. If the information isn't correct as shown above, Please correct it using tear off stub from this notice and return it to us so we can correct your account.

To receive a ruling or a determination letter recognizing your organization as tax exempt, you should complete Form 1023 Revision 1024, Application for Recognition of Exemption at:

Internal Revenue Service . PO Box 192

Covington, KV 41012-0192

Publication 557, Tax Exempt for Your Organization, is available at most IRS offices or you can download this Publication from our Web site at www.irs.gov. This Publication has details on how you can apply.

IMPORTANT REMINDERS:

* Keep a copy of this notice in your permanent records.

* Use this EIN and your name exactly as they appear above on all your federal tax forms.

* Refer u,- 'tti'is EIN on--your tax-rehrt:elt'-correspom:fence- and documents.

If you have questions, you can call or write to us at the phone number or address at the top of the first page of this notice. If you write, please tear off the stub at the end of this notice and send it along with your letter. Thank you for your cooperation.

)4872

URS USE ONLY> 575E OZ-06-Z007 ASAH 0 0538048892 SS-4

Keep this part for your records. CP 57~ E CRev. 1-2007)

Return this part with any correspondence so we may identify your account. Please correct any errol"'tt- in your nat1te-oP--addresa .------ ----- ------- ---

CP 575 E

0538048892

Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 02-06-2007 ( > EMPLOYER IDENTIFICATION NUMBER: 66-0689377

INTERNAL REVENUE SERVICE PHILADELPHIA PA 19255-0023 1 ••• 111.1 •••• 1.1.1.1 •• 1.1.11 ••• 11 ••••• 1.1 •• 11 ••• 11.1

FORM: SS-4 NOBOD

ASAHI ASSOCIATION OF GUAM Y. HIOB BUKURROU PO BOX 6637 TAMUNING GU 96931

ASAHJ ASSOCIATION OF GUAM

February 11, 2007

P. 0. Box 6637 Tamuning, Guam 96931

RECtlVfU .l h1thn K- lrn~o-)

Ms. Kim Bottcher, President r v

Federation of Asian and Pacific People on Guam (FAPPG) P. 0. Box 8133 Tamuning, Guam 96931

Dear Ms. Bottcher:

Greetings! On behalf of the Asahi Association of Guam, THANK YOU for extending us membership invitation to FAPPG as an associated club under the Palauan Community Association of Guam. We are very pleased to join the support and camaraderie of our fellow Asian and Pacific Island brothers and sisters ·on Guam as to further foster and preserve our unity, cooperation and bonds of friendship.

Having reviewed the constitution and bylaws of FAPPG, the General Membership of Asahi finds nothing contrary to its existence and creation but to support its founding principles and ideals as a new member organization in 2007.

Attached herewith is our membership payment of $50. 00 and please welcome the following five members of Asahi Association who will officially represent our association to the FAPPG:

NAME 1. Mr. Justin Rdiall 2. Mr. Hiob Bukurrou 3. Mr. Clarence Masayos 4. Ms. Irene Techur 5. Ms. Asaria Ongalibang

POSITION TITLE CONTACT NUMBER President Vice-President Public Relation Officer Treasurer Secretary

472-4268 483-7393 898-0579 482-4578 488-0261

Thank you once again and we will further advise you in writing should there be any changes to the aforementioned listing of our representatives.

President

Attachment: 2007 Membership Fee of $50

f '

I•

ASAHI ASSOCIATION OF GUAM l 78A NIYOK A VENUE

MANGILAO GUAM 96913

RULES AND REGULATIONS FOR LEASING GOVERNMENT LAND RESERVED AS A CULTURAL CENTER.

Chapter 3 Criteria for eligibility

3003 Criteria

(a) Status as a non-profit organization

1. Historical Background of Asahi Association of Guam The Palauan Community Association of Guam is an organization

composed of about 16 state clubs or villages of Palau who make up the Palauan Community here on Guam. Individual Palauans living on Guam usually joins his/her respective village club as a member and then as part of the Palauan Community Association of Guam.

Since the closure of the Palauan "Abai" (meeting place) due to the land of Harmon cliff line being returned to the original landowners, there has been no meeting place for the Palauan ethnicity on Guam up to the present. Most of these village clubs do meet in homes as they continue their support systems and discussions on culturally related activities such as customs, language, cooking, etc.

On April 30, 2006, there was a function (1st anniversary of the late Thomas Jones) at VFW Post 1509, M. Marine Corp. Dr., Yigo. Few individual Pala~ were attending the function, supporting Mrs. Asaria Jones, a Palauan lady who was hosting the function for her late husband. While at the function, we learned that VFW has permanently relocated to its present post and has abandoned its old building in Lada, Dededo. We all saw an opportunity if was all possible for us to utilize the old VFW building for meetings and conduct cultural activities. After few ideas were exchanged, we decided that it was better to work together for support and to combine little resources we have in order to form one cultural organization. Asahi Association of Guam was born.

Some time in May 2006, we offered VFW $5,000.00 to purchase the existing modular building in Lada, Dededo. John A. Wallace, who then was the VFW Post Commander, accepted the offer. We then asked the VFW to terminate its lease with the Department of Land Management, so Asahi Association of Guam can process its papers and apply for the same lease where the building stands.

2. Purpose of the Asahi Association of Guam a To promote cultural unity and diversity among its members, all

Palauans and other ethnic groups residing on Guam; to foster common interests; to advance our well-being, including but not limited to, education and other public services; to respect and uphold the laws of Guam, the Constitution and the laws of the Republic of Palau; and to promote, preserve, uphold and enhance the enrichment of our people's lives, mow and forever, under the guidance of Almighty God.

b. To do anything necessary and proper for the accomplishment of any purposes set forth in the statement of principles adopted by the founders of the association.

c. The association is organized and operated exclusively for the abovestated purposes, and for other nonprofit purposes. No part of any net earnings shall insure to the benefit of any private members.

3. Significant Accomplishments a N/ A (Brand New Organization)

4. Chief Activities a. NIA

Document papers are still under process, but here are the planned activities of the Associations stated in the application for Recognition of Exemption Under Section 501 (a). form 1024 (Rev. & Tax). To educate values and customs of Palauan cultures to the Palauan ethnic group, especially, the younger generation here on Guam and anyone who may be interested, in language, songs and chants, weaving baskets and mats, cooking Palauan dishes, etc. The place will be used as well for cultural meetings of different Palauan groups.

5. Why the Asahi Association of Guam should be considered a culturally related non-profit organization.

We feel that we meet the criteria for a culturally related non-profit organization, based on our intentions and purposes for the sake of the Palauan culture and thus should be considered. Our planed activities are culturally related and are well documented in the association's Articles and Bylaws as well as in the application for Recognition of Exemption Under Section 501 (a) form 1024 with Revenue and Taxation.

6. Membership Agreements

"" '

:

- MELITON S. SANTOS & ASSOCIATES, INC. CONSUL TING ENGINEERS LAND SURVEYORS

The Cliff Business Center1 178 Francisco Javier Drive, Agana Heights, <3uam 96919 P.O. Box 2506, Hagatria, Guam 96932

Project: Asahi Clubhouse Location: Ylgo Designer: Mellton Santos Jr.

Owner: Asahi Club Quantities By: MGS-Jr.

No. Description 1.0 Foundation 2.0 Floor Slab 3.0 CMU - 8"x811x16" 4.0 Reba rs 5.0 Roofing 6.0 Interior Construction 7.0 Power Pedestal 8.0 Mechanical System 9.0 Electrlcal 10.0 Finishing 11.0 Mechanical Fixture 12.0 Septic Tank 13.0 Leaching Field

Building Sub Total

Total Clubhouse Area (SF): 1,560 Sheet No.: Rest Room Area (SF): 146 Estimate No.:

Total Construction Area: 1 , 706 Date: No. Of Stories:

Checked By:

Sub Total Cost Cost/SF. $572.00

$31043.78 $1 ,214.41 $1,800.00 $4,174.00

$600.00 $1,000.00 $1,752.00 $3,287.26 $1,584.00 $1,485.00 $2,000.00 $3,000.00

$25,512.46

Construction Sub Total

Cost Estlmate_Asahi Club1

.--r;-:

Overhead o % x Const. Sub Total $25,512.46 = $0.00

Profit O % x Const. Sub Total $25,512.46 = $0.00

Sub Total "A"

Architects Fee 9 % x Sub Total "A" $25,512.46 = $2,296.12

Building Permit 2 % x Sub Total "A" $25,512.46 = $510.25

Sub Total 118"

Bonding O % x Sub Total 11811 $28,318.83 = $0.00

GRT 0 % x Sub Total "8" $28,318.83 = $0.00

Total Construction Costj

Note: Please note that figures above are rough estimates In price and in quantity take-off. Figures above are for rough budgeting purposes only and cannot be used for final construction cost.

Cost Estimate_Asahi Club1

ASAHI ASSOCIATION OF GUAM BANANCE SHEET

APRIL 30, 2008

ASSETS CHECKING ACCT BALANCE 12/31/07 $ 1,616.55

REVENUES 01/01/08 -04/30/08 $30,471.09 EXPENDITURES AS OF 04/30/08 - $1.695.00

2008 FUNDS IN CHECKING ACCT. $28,776.09

TOTAL ASSETS- $30,392.64

LIABILITIES & EQUITY

LIABILITIES $0

TOT AL LIABILITIES

EQUITY ASSOCIATION FUNDS ON HAND- $30,392.64

TOT AL EQUITY- $30,392.64

TOT AL LIABILITIES & EQUITY $30,392.64

h /

AGREEMENT TO RESERVE FOR LEASING

THIS AGREEMENT between the DEPARTMENT OF LAND MANAGEMENT I

Government of Guam, whose address is P.O. Box 2950 Hagatna, Guam 96932, hereinafter GOVERNMENT, and ASAHI ASSOCIATION OF GUAM, a non-profit organization authorized to conduct its activities in Guam, whose address is 178 Niyok Avenue, Mangilao, Guam 96913 hereinafter PROSPECTIVE LESSEE, is effective the day and year executed by the Governor below, and is made according to the following recitals:

WHEREAS, Government owns real property reserved for use as cultural centers pursuant to Public Law 22-18 and which real property is not available land under the jurisdiction of the Chamorro Land Trust Commission; and

WHEREAS, Government determined that Prospective Lessee is eligible to lease a portion of such reserved real property for the specific purpose of constructing a building or other type of improvement that would embody the cultural style or identity of Prospective Lessee; and

WHEREAS, Prospective Lessee must submit in sufficient detail a conceptual plan of the improvements it intends to construct, as well as the details of how the improvements will be financed, both of which Government must determine to be adequate before it will enter into a lease with Prospective Lessee; and

WHEREAS, Prospective Lessee has selected a site which it desires to reserve while preparing for the financing and construction of the planned improvement; now, therefore,

IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows:

1. RESERVATION. Government shall reserve for Prospective Lessee the following described real property (hereinafter "Property") for a period of one (1) year, and no more, after which this Agreement shall automatic~lly come to aµ end. During the term of this Agreement I Prospective Lessee .. may enter into a lease with Government for the Property, bµt. or:ily .. upon satisfying the conditions provided for in Section 2 below:

Lot 11 Block No. 3, Tract No .. 1143, Municipality of Dededo, Guam, containing an area of 1,920± square meters or 20,667± square feet, as shown on map L.M. Check No. 472-FY97, Drawing No. I4-97T632, Agricultural Subdivision Survey Map of Tract 1143 (formerly Lot 10120-17, Dededo, for Lease Purposes Only) Recorded under Document N. 572938, Certificate of Title No. 88094. A copy of such map is attached hereto as Exhibit A.

"'

Agreement to Reserve for Leasing Page 2

2. CONDITIONS PRECEDENT TO LEASE. Government shall lease the Property to Prospective Lessee, but only if Prospective Lessee submits the documents enumerated herein in this Section 2, in sufficient detail and in a timely maEner, and the documents are determined to be adequate by the Government, in its sole discretion, and in accordance with applicable rules. Prospective Lessee shall be allowed to resubmit any documents that are found inadequate as many times as necessary for a finding of adequacy by Government during the one-year term of this Agreement; except that if Government has in its possession any submittal or resubmittal when this Agreement's one-year term has expired, then the end of the term shall be extended to the date that Government makes a finding on the submittals in its possession. Prospective Lessee shall submit:

a. CONCEPTUAL PLAN. A conceptual plan depicting the Property's development as a cultural facility, in adequate visual detail showing all improvements to be constructed, with landscaping, from all angles. The plan should include a sketch showing the location of the improvements on the Property, and a sketch of the floor plans. The visual drawings should be accompanied by a written summary of the development. The plan need not, but may be as detailed as an architect's or engineer's, but in any event should be professional in appearance.

bo STATEMENT OF COST AND FUNDING. A supporting statement, in sufficient detail, concerning the approximate cost of the development, the proposed contractor's name and license number, the financing method or source of funding, and any other pertinent information.

3. ASSIGNMENT OR ALIENATION. This Agreement is exclusive and personal to Prospective Lessee and may not be assigned or transferred.

4. APPLICABLE RULES. Any ambiguity or conflict in this Agreement shall be resolved by the Rules and Regulations Pertaining to the Leasing of Government Land Reserved as a Cultural Center ("Rules"), which are made a part of this Agreement and incorporated herein by reference.

5. .LEASE TERMS. The lease agreement shall be in accordance with the significant terms contained in Section 8 of the Rules, and shall be prepared by Government upon a finding that Prospective Lessee's documents submitted in accordance with Section 4 above are adequate.

6. LIMITATIONS ON AGREEMENT. This Agreement shall be void and of no force or effect if Prospective Lessee becomes bankrupt,


insolvent, ceases to be a legitimate non-profit organization, assigns or transfers or attempts to assign or transfer this Agreement or otherwise becomes ineligible to lease according to the Rules. If prospective Lessee enters into a lease with Govern.~ent, then this Agreement shall terminate.

7. LICENSE TO CLEAR AND GRADE. Government grants Prospective Lessee the privilege to clear and grade the Property, at Prospective Lessee's own risk, under this Agreement. Prospective Lessee is permitted to cut, detach, remove, burn, or otherwise clear and take away from the Property all standing or fallen timber, crops, vegetation, or growth of any kind whatsoever, and to grade the Property so long as all required governmental approvals are first obtained. In no event shall Prospective Lessee cause or allow any construction, development or improvement of any type or nature whatsoever to be built on the Property, nor permit any waste, nuisance or dumping. Government shall not be liable for Prospective Lessee's costs to clear and grade, even if Prospective Lessee does not enter into a lease with Government for this Property.

8. CONDITION NOT WARRANTED; UTILITY HOOKUP. Government does not warrant or represent that the Property is safe, healthful or suitable for Prospective Lessee. Water, sewer and electricity may not be inunediately available on the Property, but are available within 100 feet of the southern border of Lot 10120-17, Dededo, the lot in which the Property is situated. Prospective Lessee understands that infrastructure improvements and connections for water, sewer, power, gas, or telephone are at Prospective Lessee's sole expense, and that Government has no obligation to pay for or provide any other infrastructure improvements or any utility hookup, nor waterline, sewer line or power line extensions, except that Government may arrange for public rights-of-way to serve each area to be leased, including Prospective Lessee's Property.

9. INDEMNIFICATION. Prospective Lessee shall exercise its privileges under this Agreement at its own risk, and shall at all times indemnify and hold harmless Government and its agents and employees against all actions, claims, demands, liabilities, costs and expenses for loss of or damage to any property and for injuries to or death of persons arising or resulting from the condition of the Property, or its use by Prospective Lessee.

10. RESERVATION NOT A LEASE. This Agreement is a limited act preliminary to the lease and is designed only to reserve the selected area of land and provide Prospective Lessee with the opportunity to begin clearing and grading. By no means shall this Agreement be interpreted as a lease, nor does it grant any rights to Prospective Lessee as a lessee. Prospective Lessee must fulfill

'' c•


the conditions referred to in Section 2 above and the Rules before Prospective Lessee is entitled to a lease.

11. GOVERNING LAW. This Agreement shall be governed by, construed, and enforced in accordance with the laws of Guam.

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below their signatures.

JUSTIN RDIALL President, Asahi Association Of Guam

,-,,/.-~ ,, I, 7 Date : ,,> ~.,d.,,,_.7A /tJ r

I I

GOVERNMENT OF GUAM::

TE 0 Adting Director, Department of Land Management

I I Date: 3; '.t.. 6; c, z

I I

ACKNOWLEDGMENT

CITY OF HAGATNA )ss

'""'YJt!/ A I On this ,,;!.! day of ~{!lh) 1 , 2 0 07, before me, the undersigned notary, personally appeared JUSTIN RDIALL, President, Asahi Association of Guam, known to me to be the person whose name is signed on the attached or preceding document and acknowledged to me that she signed it voluntarily for its stated purpose.

IN WITNESS WHEREOF, I have official seal in Hagatna, Guam, written.

hereunto affixed my name and the day and year first above

[ (j GRACE MARIE C. MARTINEZ

NOTARY PUBLIC Jn and fol' Guam, U.S.A.

My Commls.sio11 l>:<pires: Ju1y 05, 2008 D.(). Bo.~ 21112 GMJ!, Guam 96921 -------~-·--


ACKNOWLEDGMENT

CITY OF HAGATNA } ,?S ·'! / ··t/1 Yh ?, i?-

On this c:r-cv day of I 1 ![,er c, /) , 2007, before me, the undersigned notary, personally appeared TEREZO R. MORTERA, Acting Director of Land Management, known to me to be the person whose name is signed on the attached or preceding document and acknowledged to me that he signed it voluntarily for its stated purpose.

IN WITNESS WHEREOF, I have hereto affixed my name and official seal in Hagatna, Guam, the day and year first above written.

APPROVED AS TO LEGALITY AND FORM:

(-----····~~~.-:__-;>±:··---· --~--· -~- '~'"-.. ·--··--····----" "·--. -... ---~;\.-:: :a_ ___ _

ALICIA G. LIMTAICO Attorney General of

Date: '{ [ i l[>'l

! '

i' I

[L1

Guam

ct),/ltff,,-?t~ c:J..~a:rfiu::z.

I- Teresa T. Topasna I NOTAff:f PUBUC I

In &f\d for Gw.n USA Ll l My~'~: Jt~)' 28, 2000 j P.O. 8CT4 2950, Hag:!tnei, Guam 96932 ----------··~-·•«·-····-·-·---

GOVERNMENT OF GUAM

,.

ASAHI ASSOCIATION OF GUAM 178A Ni:yok Avenue Mangilao, Guam 96913

Agenda

General Membership Meeting April 26, 2008

Lot 11 ~ Dededo

I. Call to Order and Roll Call

II. Approval of Previous Minutes

III. President's Report

IV. Old Business

a. Report from High Chief Reklai

b. Report from Delegate Sabino Anastacio

V. New Business

a Progress of Asahi Association of Guam

b. Donations

c. Blue Print for Abai

VI. Open Discussion

VII. Adjournment

ASAHI ASSOCIATION OF GUAM 178A Niyok Avenue Mangilao, Guam 96913

April 26, 2008

A general membership meeting held on April 26, 2008 at llam on ASAHl's lot in Lada, Dededo Guam.

I. Call to Order and Roll Call

a. Prayer and invocation

-Maria Ueda said an opening prayer for the meeting and blessed the food.

b. Roll Call (Please refer to the attached file for names of those who were present)

II. Approval of Previous Meeting Minutes for March 22, 2008

m. President's Report.

a. President of Asahi Justin Rdiall thanked all those who were present and achowledged

the presence of Vice President of the Republic of Palau Elias Kamsek Chin and his wife

Metriam Chin as well as Jacob Dou, Advisor to the Palauan Community Association.

IV. Old Business

a. On March 28,. 2008 High ChiefReldai,. people trom our villages (Ngiwal,. Meieleok,.

Ngchesar) as well as other Palauans in Palau came together at SLC at PC and

contributed a total of$1~3.79 for die building of the Asahi Abai.

b. ffigh ChiefReldai urged members of the Asahi Association of Guam in Guam to do the

same to do what they me able to contribute money toward the financing of the Abai

V. New Business

a.V~PresidentofAsahi~ooBuburousummarimdtheprogressoftheAsahi

Association of Guam from where they began to where they are and on to where they

expect to be.

b. Asahi PRO Davis Tevid proposed that each Asahi village ofNgiwat Melekook and

Ngchesar to contribute $5,000 and it was 3greed upon.

c. Each v~1 'their metnbets, as well as other Palauan citizens contnlmted money

towards the building. of the Abai. Total denated amount on thls day was $25,. 032.

d. It was announced that the blue print for the structure would be finalized and completed

in one week.

VI. Open Discussion

a. Public Relations Officer's Presentation

1. PRO Davis Tevid thanked all Palauans who attended and shared 2 quotes

from John F Kennedy and Albert Einstein.

-"Ask not what your country can do for you but what you can do for

your country." John F Kennedy

- "A person starts to live when he can live outside himself'-Albert

Einstein

b. Vice President of the Republic of Palau Elias Kamsek Chin and his wife Merriam Chin

were present and expressed their favor upon Asahi and their endeavors and donated

$1,000.

c. Advisor to the Palau Community Association Jacob Dou was present and also expressed

his favor upon Asahi and might ask the village ofNgerchelong to join the Asahi

Association.

VII. Adjournment

a. Meeting Adjourned at 2pm.

ASAHI ASSOCIATION OF GUAM BANANCE SHEET

APRIL 30, 2008

ASSETS CHECKING ACCT BALANCE 12/31/07 $ 1,616.55

REVENUES 01/01/08 -04/30/08 $30,471.09 EXPENDITURES AS OF 04130108 - $1.695.00

2008 FUNDS IN CHECKING ACCT. $28,776.09

TOT AL ASSETS- $30,392.64

LIABILITIES & EQUITY

LIABILITIES $0

TOT AL LIABILITIES

EQUITY ASSOCIATION FUNDS ON HAND- $30,392.64

TOTAL EQUITY- $30,392.64

TOTAL LIABILITIES & EQUITY $30,392.64

< f •

,f

ASAHI ASSOCIATION OF GUAM l 78A NIYOK A VENUE

MANGILAO GUAM 96913

RULES AND REGULATIONS FOR LEASING GOVERNMENT LAND RESERVED AS A CULTURAL CENTER.

Chapter 3 Criteria for eligibility

3003 Criteria

(a) Status as a non-profit organization

1. Historical Background of Asahi Association of Guam The Palauan Community Association of Guam is an organization

composed of about 16 state clubs or villages of Palau who make up the Palauan Community here on Guam. Individual Palauans living on Guam usually joins his/her respective village club as a member and then as part of the Palauan Community Association of Guam.

Since the closure of the Palauan "Abai" (meeting place) due to the land of Harmon cliff line being returned to the original landowners, there has been no meeting place for the Palaurui ethnicity on Guam up to the present. Most of these village clubs do meet in homes as they continue their support systems and discussions on culturally related activities such as customs, language, cooking, etc.

On April 30, 2006, there was a function (1st anniversary of the late Thomas Jones) at VFW Post 1509, M. Marine Corp. Dr., Yigo. Few individual Palauans were attending the function, supporting Mrs. Asaria Jones, a Palauan lady who was hosting the function for her late husband. While at the function, we learned that VFW has permanently relocated to its present post and has abandoned its old building in Lada, Dededo. We all saw an opportunity if was all possible for us to utilize the old VFW building for meetings and conduct cultural activities. After few ideas were exchanged, we decided that it was better to work together for support and to combine little resources we have in order to form one cultural organization. Asahi Association of Guam was born.

Some time in May 2006, we offered VFW $5,000.00 to purchase the existing modular building in Lada, Dededo. John A. Wallace, who then was the VFW Post Commander, accepted the offer. We then asked the VFW to terminate its lease with the Department of Land Management, so Asahi Association of Guam can process its papers and apply for the same lease where the building stands.

2. Purpose of the Asahi Association of Guam a. To promote cultwal unity and diversity among its members, all

Palauans and other ethnic groups residing on Guam; to foster common interests; to advance our well-being, including but not limited to, education and other public services; to respect and uphold the laws of Guam, the Constitution and the laws of the Republic of Palau; and to promote, preserve, uphold and enhance the enrichment of our people's lives, mow and forever, under the guidance of Almighty God.

b. To do anything necessary and proper for the accomplishment of any purposes set forth in the statement of principles adopted by the founders of the association.

c. The association is organized and operated exclusively for the abovestated purposes, and for other nonprofit purposes. No part of any net earnings shall insure to the benefit of any private members.

3. Significant Accomplishments a. NI A (Brand New Organization)

4. Chief Activities a. NIA

Document papers are still under process, but here are the planned activities of the Associations stated in the application for Recognition of Exemption Under Section 501 (a). form 1024 (Rev. & Tax). To educate values and customs of Palauan cultures to the Palauan ethnic group, especially, the younger generation here on Guam and anyone who may be interested, in language, songs and chants, weaving baskets and mats, cooking Palauan dishes, etc. The place will be used as well for cultural meetings of different Palauan groups.

5. Why the Asahi Association of Guam should be considered a culturally related non-profit organization.

We feel that we meet the criteria for a culturally related non-profit organization, based on our intentions and purposes for the sake of the Palauan culture and thus should be considered. Our planed activities are culturally related and are well documented in the association's Articles and Bylaws as well as in the application for Recognition of Exemption Under Section 501 (a) form 1024 with Revenue and Taxation.

6. Membership Agreements

ASAHI A5SOCJA TION OF GUAM

February 11, 2007

P. 0. Box 6637 Tamuning, Guam 96931

RECtJVfU .l. h" hn tK.- l w,_o_)

Ms. Kim Bottcher, President r v

Federation of Asian and Pacific People on Guam (FAPPG) P. 0. Box 8133 Tamuning, Guam 96931

Dear Ms. Bottcher:

Greetings! On behalf of the Asahi Association of Guam, THANK YOU for extending us membership invitation to FAPPG as an associated club under the Palauan Community Association of Guam. We are very pleased to join the support and camaraderie of our fellow Asian and Pacific Island brothers and sisters ·on Guam as to further foster and preserve our unity, cooperation and bonds of friendship.

Having reviewed the constitution and bylaws of FAPPG, the General Membership of Asahi finds nothing contrary to its existence and creation but to support its founding principles and ideals as a new member organization in 2007.

Attached herewith is our membership payment of $50.00 and please welcome the following five members of Asahi Association who will officially represent our association to the FAPPG:

NAME 1. Mr. Justin Rdiall 2. Mr. Hieb Bukurrou 3. Mr. Clarence Masayos 4. Ms. Irene Techur 5. Ms. Asaria Ongalibang

POSITION TITLE CONTACT NUMBER President Vice-President Public Relation Officer Treasurer Secretary

472-4268 483-7393 898-0579 482-4578 488-0261

Thank you once again and we will further advise you in writing should there be any changes to the aforementioned listing of our representatives.

President

Attachment: 2007 Membership Fee of $50

ASAHI ASSOCIATION OF GUAM l 78A Niyok Avenue Mangilao~ Guam %913

May 12, 2008

To: Terezo R Mortera Director, Department of Land Management POBox2950 Agana Guam 96932

Re: Required documents to lease government land

Greetings! As you may recall the Asahi Association of Guam acquired an agreement to lease Lot 11, Block number 3 in Lada, Dededo. We are also a registered member of the Federation of Asian and Pacific People on Guam.

As you know, we encountered a set back regarding an agreement to lease a different lot (Lot 9) that we had thought to be ours with another Palauan club. Lot 9 previously belonged to the VFW and is situated right beside our current Lot 11. We had purchased the old VFW Modular Building on the lot from the VFW and was suggested by the Department of Land Management to dismantle the structure and relocate to our lot as per your letter dated July 30, 2007 regarding "Moving of the old VFW Modular Building". (We have included your letter with this packet)

Due to lack of manpower, it took a considerable amount of time to dismantle and remove pieces of the structure as well as other debris that needed to be removed. However, we have completed dismantling of the Old Modular Building and are ready to move on to the next step of the leasing process.

Currently we have raised enough funds to meet the cost of the building materials. We have also secured a labor force for construction. There is a momentum of eagerness and we are anxious to complete the construction of our building. We believe the building will benefit the community as a whole.

We have compiled all the attached documents for review to lease government land. Please inform us of any missing documents or any necessary adjustments to make this a smooth process for all those involved.

~· £<~4()-<.A Vice President, Hiob Bukurrou

·..:..

.. . ....

St reet Addre-ss: -. . . ' ~

590 S. Marine Corp~·

_, Drtv.e, _ ': ITC Building .

-ramunlng, Guam 9691-3

.- Malling Address: · P.O. Box 2950

Hag~tlia, Guam 96932

E- mall Address:

dlm@mail .gov.gu

Telephone

671-649-5390

Facsimile

671-649- 5383

DIPArrAMENTON NINANEHAN rANO' (Department of Land Management)

Gl/BETNAMENTON Gl/AHAN (Government of Guam}

7/31!01 /(}:()() aJYl I

FELIX P. CAMACHO

Governor of Guam

TEREZO R. MORTERA Director

MICHAEL W. CRUZ, M.D. Lieutenant Governor of Guam

MICHAEL C. JAMES

Deputy Director

July 30, 2007

Asahi Association of Guam 178A Niyok Avenue Mangilao, Guam 96913

Re: Moving of the Old VFW Modular Building

Buenas yan Saluda! As per your letter dated June 27, 2007 in response to your request please be advised of the following.

1. On July 3, 2007, a field inspection was completed by our land agents on your assigned lot.

2. Your partial clearing on the property is an indication that the association is making an effort in trying to relocate the acquired club house.

3. With this in mind, the department is requesting that you removed the old VFW Modular Building from Tract 1143, Block 3, Lot 9, two weeks from now which ends August 12, 2007.

4. The association had eighteen (18) additional days from the time you submitted the letter on June 27, 2007 to today's date to relocate the the building to your assigned lot.

5. Refusal to remove the old VFW building, the department will seek the Attorney General Office for final determination.

Should you need further information, please don't hesitate to call Land Administration Division at 649-5390.

Senseremente,

Cc: Land Administration Division

s

The content of this packet are as follows:

I. Articles and Bylaws 2. Certificate of Tax Exepmtion 3. Employer Identification Number 4. Federation of Asian and Pacific People on Guam 5. Criteria for Elegebility 6. Agreement to reserve for leasing 7. Conceptual Plan (Please see Blue Print) 8. Cost Estimate 9. Financial State1nent I 0 .Latest Minutes