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COM 1013.000 2018-2020
i 1 Harry Kim ° Deanna S. Sako c,�° !e, Mayor ��,i,�• Director Steven A. Hunt • = Deputy Director tri of•N':d County of ai'i Finance Department 25 Aupuni Street,Suite 2103 • Hilo,Hawaii 96720 {808}961-8234 Fax(808)961-8569 July 17, 2020 �: Aaron Chung, Council Chair and Members of the Hawaii County Council - - Hawai`i County Council ' 25 Aupuni Streetn s Hilo, Hawaii 96720 Re: Resolution Authorizing the Exemption of Certain Planning and Zoning Code Requirements Enclosed is a resolution authorizing the exemption of certain planning and zoning code requirements for the Kuakini Senior Living Assisted Living Project pursuant to HRS 2011-1-38. Kuakini Highway 75-6099 Corp. is the current owner and developer of a rental senior housing care campus on a 14-acre parcel in North Kona(TMK 7-5-017-005). Pursuant to Hawaii County Council Resolution No. 281-14, Draft 2, this project received exemptions from certain code and zoning requirements to facilitate the project. The owner is currently requesting additional exemptions. If you have any questions,please do not hesitate to contact Christine Nguyen of the Office of Housing and Community Development at 961-8379. Deanna S. Sako Director of Finance Enc. c: OHCD �}, Comm. No. 101 J Ref. To: (_ Ref. Date JUL0 2020 Nawai'i County is an Equal Opportunity Employer and Provider Form #: B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: Office of Housing and Community Development DATE: 07/13/2020 STAFF CONTACT: Anne Bailey PHONE: 323-4300 REQUEST: The Office of Housing and Community Development (OHCD) is requesting the passage of a resolution authorizing the exemption of certain planning and zoning code requirements for the Kuakini Highway 75-6099 Corp.'s Kuakini Senior Living Assisted Living project pursuant to HRS 201 H-38. - Exemption from construction time requirements; - Exemption from the flood study submission requirement as long as floodway is not disturbed; - Exemption from park site requirement; - Exemption from any grading, grubbing or stockpiling permit fees as well as any related inspection fees; and - Exemption from the standard 78 required number of parking stalls for the skilled nursing component of the development to 50 parking stalls for the skilled nursing facility. No exemption for the parking stall requirement for the other components. B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): Kuakini Highway 75-6099 Corp., a California corporation ("Owner"), is the current owner and developer of a rental senior housing and care campus (the "Project") on the 14-acre parcel In North Kona TMK 7-5-017-005 ("Property"). Pursuant to Hawaii County Council Resolution No. 281-14 (Draft 2), the Project, as a 201 H project, was made exempt from certain code and zoning requirements to facilitate the development of the Project. The Owner is currently requesting additional exemptions. -7 - SIGNED: DATE: Department Head 8290dncc i i July 13, 2020 Aaron Chung Council Chair and Members of the Hawaii County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 SUBJECT: RESOLUTION AUTHORIZING ADDITIONAL EXEMPTIONS FROM j CERTAIN CODE REQUIREMENTS FOR KUAKINI SENIOR LIVING PROJECT TAX MAP KEY: (3) 7- -017:405 I Dear Chair Chung: i Kuakini Highway 75-6099 Corp., a California corporation, is the owner and developer of a proposed rental senior housing and care campus project on a 14-acre parcel in North Kona, Hawaii, TMK (3)7-5-017:005. Hawaii County Council Resolution No. 281-14 (Draft 2) allowed the project to be exempt from certain code and zoning requirements through the Chapter 201H-38 of the Hawaii Revised Statutes. The owner proposes to build an assisted living/memory care facility for about 100 residents; a skilled nursing facility for about 150 residents; and employee housing accommodations to the extent sufficient water capacity is available to the Property. The project is proposed to be built in as many as three phases. I The owner is now asking for additional exemptions, significantly a request to drop a performance deadline, which has already passed. The owner acquired title to the Property in 2013 and leased it on May 31, 2013 to developer West Hawaii Health, LLC to construct and operate an assisted living and skilled nursing facilities with an affordable housing component. On October 2, 2014, the owner terminated the lease, essentially based on lack of progress in the development of the project. Litigation ensued, resulting in the inability of the owner to make further progress on the project until a settlement was reached. This settlement was reached in March 2016. Enclosed is a 201H-38 application which includes a site plan and site description(Attachment 1), responses from State and County agencies that responded to a request for comments (Attachment 2), a draft resolution along with exemption request authorizing certain code exemptions pursuant to HRS Section 201 H-38 that allows the County, with approval of the County Council,to exempt certain code requirements and facilitate the development of this project (Attachment 3). These proposed exemptions have been circulated to various County and State agencies and there were no comments or concerns related to the 201H application. The Office of Housing and Community Development humbly recommends that the 201H-38 exemptions be granted to the owner. 8305dncc I Aaron Chung Council Chair and Members of the Hawaii County Council July 13, 2020 Page 2 i Attachment 1 - Copy of 201 H Application Attachment 2—Department Responses Attachment 3 —Draft Resolution with exemption request and site plan i i 8305dncc I I i ATTACI INMNT 1. 201 H Application for Kuakini Highway 75-6099 Corporation, Exemption Request, for the "Kuakini Assisted Living" project, located on TMK No.:(3)- 7-5-017:005 201H Application Packet Kuakini Senior Living t !'� .T A A �. 1 G� "'�- f i County of Hawaii 201H Application Package Application Checklist (To be completed and signed by applicant and returned with application.) Project Name: KUAKINI SENIOR LIVING Done/Enclosed Correct number of copies(1 original,3 copies. I electronic version) CJJ Complete Application 1. Application Checklist(completed and signed) 2. Summary Sheet Q 3. General Infonnation Section Q 4. Questions Q 5. Certifications and Assurances Q 6. Index of Application Exhibits Included Q 7. Environmental Questionnaire(completed and signed) Q 8. Exhibit Worksheets a. Project Cost Breakdown Worksheet(Exhibit A) D b. Estimated Project Revenue(Exhibit B) Q c. Operating Income(Exhibit C) d. Operating Expenses (Exhibit D) Q e. Operating Proforma (Exhibit E) Q 9. All Exhibits attached Q OHCD's receipt of this application,consisting of the documents above-referenced, does not constitute acceptance of this application. Applications must be complete in accordance with this checklist. Incomplete applications and applications that fail to meet individual program criteria,shall be returned to the applicant without further action. Applicant: KUAKINI HIGHWAY 75-6099 CORP. Applicant Representative: (Signature, Date) �N. Form 201H-001 Page 1 i I to C I. i i i I County of Hawaii 201H Application Package County of Hawaii Office of Housing and Community Deweloment 201H Application Form Summary Sheet I. INFORMATION: APPLICANT NAME: KUAKINI IilGHWAY 75-6099 CORP. PROJECT NAME: KUAKINI SENIOR LIVING H. Income and Rent Restrictions Applicant commits to set-aside units based on the following income and rent restrictions. Complete the chart below. SEE A TTA CHMENT"SUMAL4R Y SHEET SECTION H" Affordable Units Restricted at%of AMG]* Number of units Percent of total units %of AMGI units % %of AMGI units % %of AMGI units % Total Affordable Units units Market Rate Units units % Total Number of Units units % *AMGI =Average Median Gross Income Ali III. Length of Affordability Commitment How long will your project commit to affordability restrictions and program compliance? I 20 Years IV. Occupancy Type Indicate the number of units allotted for each of the following: Family 0 Elderly* 101 + 155=256' Homeless 0 I ;j 1 The Project consists of:(i)Phase I:an Assisted Living/Memory Care Facility("AL/MCF")with accommodations for approximately II 101 residents(+1-201/6);(ii)Phase Il:a Skilled Nursing Facility("SNF"')with accommodations for approximately 155 residents(+I- Form 201H-001 Page ] n' County of Hawaii 201H Application Package Tenants with Special Housing Needs 101 + 155=256 � (please describe the Special Housing Need of the tenants below) As noted in footnote 1 above,Phase I of the Project shall consist of an Assisted Living/Memory Care Facility serving residents with assisted living services including,without limitation,daily meal service,housekeeping services,social activities,transportation and personalized assistance from trained caregivers and nursing staff. The memory care component will specifically cater to residents with Alzheimer's disease,dementia and other types of memory problems. Phase II shall consist of a Skilled Nursing Facility,which will provide 24-assistance with activities of daily living,skilled nursing and paramedical care,and programs for short-term rehab as well as long-term care. *Please refer to the definition of Elder or Elderly Households as defined in Act 64, Session Laws of Hawaii 2002 20%);and(iii)Phase III:Employee Housing with accommodations for employees of the AL/MCF and SNF if and to the extent } sufficient water capacity is available to the subject property. Form 201H-001 Page 2 County of Harwai`i 201H Application Package ATTACHMENT"SUMMARY SHEET SECTION 1I H. Income and Rent Restrictions Applicant commits to set-aside units based on the following income and rent restrictions. Complete the chart below. The"Whereas"clauses of Resolution No. 281-14 recite that 147 of the Project's housing units will be affordable to families earning less than certain percentages of the median income to comply with Section 201H-38 of the HRS. Pursuant to the affordable housing requirements of Chapter 11,Article 1 of the Hawaii County Code and. Ordinance No.06-78, the Prosect's affordable housing requirement is defined in terms o{a fordable housing credits the Proiect muse generate, not affordable units. Applicant is committed to satisfying the affordable housing requirements for the Project by constructing and renting affordable accommodations such that they generate affordable housing credits on-site equal to not less than fifty percent(50%)of the total units at the Project,with each phase generating no less than twenty percent (20%)of the affordable housing credits required for such phase. In addition to the foregoing,Applicant shall construct and rent affordable units in one or more phases of the Project sufficient to generate a total of 7 additional affordable housing credits on-site to satisfy the requirements under that certain Agreement dated September 21,2005 between Kaha'Olino Partners,LLC,and Applicant's predecessor in interest, Lava Kuakini,LLC,recorded in the Bureau of Conveyances as Document No. 2005- 218094. See the following chart for an example of how the Applicant shall satisfy the affordable housing requirements for the Project: Affordable Housing Credits Generated Phase I: Assisted Living/Memory Care Facility Restricted at%of AMGI* Number of units Affordable Housing Credits Generated <60%of AMGI I l units 22 60%-80%of AMGI 12 units 18 o a 80/0-100/o of AMGI 11 units 11 Total AL/MC Affordable Units 34 units 51 credits Market Rate ALIMC Units 67 units Total Number of ALIMC Units 101 units Phase IT: Skilled Nursing Facility Restricted at%of AMGI* Number of units3 Affordable Housing As used herein,"Unit"means a dwelling unit and a suite,room and/or bed in a multi-occupancy ward for lease which serves as the primary residence for the renter. 3 As used herein,"Unit"means a dwelling unit and a suite,room and/or bed in a multi-occupancy ward for lease which serves as the primary residence for the renter. Form 2011-1-001 Page 3 i I 'i County of Hawaii 201H Application Package Credits Generated 60%of AMGI 16 units 32 60%-80%v of AMGI 20 units 30 80%0-100%of AMGI 16 units 16 Total SNF Affordable Units 52 units 78 credits Market Rate SNF"Units 103 units Total Number of SNF Units 155 units Phase III: Employee Housing(based on an assumed 35-units)' Restricted at%of AMGI* Number of units5 Affordable Housing Credits Generated 60%of AMGI 4 units 8 60%-80%of AMGI 4 units 6 80%0-100%of AMGI 4 units 4 Total Affordable Units 12 units 18 credits Market Rate Units 23 units Total Number of Units 35 units Total Number of Affordable Housing Credits Generated 147 credits Additional Affordable Housing Obligation(7 affordable housing credits) 60%of AMGI 2 units 4 60%-80%of AMC I 2 units 3 Total Affordable Units 4 units 7 credits *AMGI =Average Median Gross Income a Phase Il Employee Housing shall consist of accommodations for employees of the AL/MCF and SNF if and to the extent sufficient water capacity is available to the subject property. Hypothetical size of 35-units is for purposes of providing an example of how the affordable housing requirement will be satisfied. $As used herein,"Unit"means a dwelling unit and a suite,room and/or bed in a multi-occupancy ward for lease which serves as the t, primary residence for the renter. Form 201H-001 Page 4 6 �-� �A 'X � �� r..' d"'� s. V.�► �� County of Hawaii 201H Application Package Section I-General Information Project Name KUAKINI SENIOR LIVING I� 1. APPLICANT INFORMATION A) Applicant Information(refIectingy changes since apt71hwtign )vas initially suhnritted) I Applicant Name II KUAKII`1I HIGHWAY 75-6099 CORP. Applicant Tax ID Number: 46-2084372 Applicant Contact Name,Title Phone Number. IRein G---'r4ekenB iron "Blitz"Fox,,Asset Manger 650-s584 662$415-307-2405 Applicant Address: Fax Number: c/o TDA Investment Group 650-343-0858 2025 Pioneer Court E-Mail Address: ESan Mateo,California 94403 ByronMfox(d),gmail.com Fill in the information below if application was prepared by a person or entity different from the applicant.. Application Preparer Name: CHUN KF--'R t_t_nt_r.n aMY 1-AWGROUP LLLC Application Preparer Contact Name,Title: Prone Number: Alison Davidson,Attorney 408 539 062 808-376-4925 Applicant Address: Fax Number- 9419L737 Bishop Street, Suite? 92800 999 664 9636808-376-4919 t Honolulu,Hawaii 96813 E-Mail Address: t adavidson(�jlnylawgroup.corn I4 t '4 `4 Form 201H-001 Page 1. G County of Hawaii 201H Application Package B) Applicant Organization 1 Entity(Check the appropriate box) Non-profit organization (Qualified, existing 501(c)(3)or(4) organization, as determined by the Internal Revenue Service) Applicant is exempt from federal income tax under Section 501(c)(2)of the Internal Revenue Code. If the applicant is a Non-profit organization include Exhibit 1 and Exhibit 2. 0 Private developer Limited Partnership General Partnership Corporation 0 Limited Liability Corporation Other: Government Identify(Level of Government and Department) 0 County Government: [] State Government: Department: All applicants mals!stfbntit Exhibit 3, Exhibit 4, and Exhibit 5 as applicable. C) Applicant Experience Check the appropriate box: R1 Applicant has no prior experience in developing or owning housing. ❑ Applicant has prior experience in developing or owning housing. If the Applicant has experience in developing or owning housing,please complete Exhibit 6. Form 201H-001 Page 2 County of Hawaii 201H Application Package �) Project Team Information(Complete with name,address and phone number) Complete Exhibit 7for each Project Team member Developer: Kuakini Highway 75-6099 Corp. Contact: Rein Gabriel By on"Blitz" lox Address: c/o TDA Investment Group 2025 Pioneer Court San Mateo,California 94403 Phone: 650 581 6620 Fax: 650-343-0858 415-307-2405 E: Mail: By1onMfox@gmai1.com Role/ Kuakini Highway 75-6099 Corp., is the landowner and current developer Responsibility: of the Project. If the Developer has experience in developing or owning housing,please complete Exhibit 6. Consultant: Cove West Holdings Contact: Edward Dong Address: P.O.Box 1127 Ross,California 94957 Phone: 310-909-9661 Fax: 650-343-0858 E: Mail: ed(cr,)covewestholdings.com Role/ Landowner/Developer's authorized agent to oversee development of the Responsibility: Project. Form 201H-001 Page 3 low County of Hawaii 201 H Application Package i General Contractor: A General Contract for the Project has not been selected yet. Y Contact: Address: Phone: Pax: E: Mail: Role/ Responsibility: Architect: Innova Architects Contact: Paul McCormick Address: 950 Pacific Avenue, Suite 4501 Tacoma,Washington 98402 Phone: 253-572-4903 ext. 111 Fax: 253-572-4919 E:Mail: Paul[a)[NNOVAarchitects.com Role/ Project Architect Responsibility: Management Agent: A Management Agent for the Project has not been selected yet. Contact: Address: Phone: Fax: E:Mail: Role/ Responsibility: If Management Agent is selected or proposed as part of this application, sccbmit Exhibit S. Force 201H-001 Page 4 County of Hawaii 201H Application Package Legal Counsel: T'L.un veTT JMY Law Group LLLC Contact: Alison.Davidson Address: 999Bishop Street, Suite 21 737 Bishop Street, Suite 2804 Honolulu, Hawaii 96813 Phone: 9085'� Fax: 808 6 4 9636 808-376-4925 SO4-376-4919 E:Mail: adavidson;cijmylawgroup.com Role/ Counsel for land use and general matters in Hawaii. Responsibility: Legal Counsel: Cox, Castle&Nicholson LLP Contact: Bruce Prigoff Address: 50 California Street, Suite 3200 San Francisco,California 94111 Phone: 415-262-5140 Fax: 415-262-5199 E: Mail: hprigofT@coxcastle.com Role/ Deveoper's general outside counsel. Responsibility: Tax Counsel: Developer has not retained separate tax counsel. Contact: Address: Phone: Fax: E: Mail: Role/ Responsibility: Certified Public Developer has not retained a Certified Public Accountant for the Project. 'j Accountant: i^ Contact: Address: Phone: Fax: E:Mail: I Role/ ;I Responsibility: IIIA a z � Farm 201H-001 Page 5 7 y�. County of Hawaii 201H Application Package 2. SITE INFORMATION � A� A) Location Address Street address has not been assigned yet. City Tax Map Keys(TMK) Kailua-Kona (3) 7-5-017-005 State Hawaii Island Hawaii Zip Code 96740 Legislative District(for Neighbor Islands) Census Tract{s) District 7 216.01 Kailua Neighborhood Board(for Oahu) NIA Special design or management districts Kailua Village Submit Exhibit 4,Exhibit 10 and Exhibit 11. B) Site Size 14.0 Acres 609,840 Square Feet C) Present legal owner of the project site Name Kuakini Highway 75-6099 Corp. Address c/o TDA Investment Group,2025 Pioneer Court city state Zip San Mateo California 94403 Form 201 H-001 Page 6 County of Hawaii 201H Application Package } Site Control Status ® Own site- fee simple Executed ground lease Expires on: ❑ Option to purchase Expires on: ❑ Option to lease Expires on: ❑ Other Describe: Expires on: Submit Exhibit 12 and 14. Submit Exhibit 13, if applicable. E) Special Site Classification Identify: © Flood Zone Zone X(majority of site); Zone AE(portion of site along southern boundary) ❑ Tsunami(Intertidal Area) ❑ Special Management Area lI Special or Historic District Site is within the outskirts of the"Kailua Village"area. ❑ Shoreline Protection Area ❑ Other(wetlands,volcano, etc.) Submit Exhibit 1.5,ifapplicable. F} Zoning Current Zoning Designation: RM-2.5;however, Exemption No. 8 of County of Hawaii Resolution No. 281-14 allows the Project to be developed under RM-2 standards. Land Use Classification: Urban Will your project conform to the existing zoning for the property? 0 Yes ❑ No List the variances and/or special use permits required and attach as Exhibit 17. N/A Describe your consultation with the surrounding community,particularly in the past six months, and attach as Exhibit 18. Submit Exhibits 16, 17 and 18. Form 201H-001 Page 7 County of Hawaii 201H Application Package G) Does this project involve any relocation of tenants or existing homeowners? Cl Yes El No If yes,please describe any proposed relocation assistance: H) Environmental Assessment Please check the appropriate box below. HRS Chapter 343 requirements must be followed,if applicable. If an Environmental Assessment(EA)or Environmental Impact Statement(EIS)has been published or will be published please identify the date of publication in the Office of Environmental Quality Control(OEQC)Bulletin. Please identify the accepting agency. Accepting Agency: Date of publication or estimated Check if applicable completion date. © No EA or EIS is required El EA In Progress ❑ EA Published O Finding of No Significant Impact Published ❑ EIS In Progress ❑ EIS Published ❑ Federal EA or EIS Required Submit Exhibit 19. U Form 201H-001 Page 8 County of Hawaii ' 201H Application Package `} Site Feasibility ` Identify the benefits in use or disclose any potential problems associated with your proposed site. Submit Exhibit 20. Questions Yes No Will the project utilize gas for cooking or water heating? 0 ❑ If yes, is gas service currently available to the site? © ❑ Will the project utilize solar water heating? 0 ❑ Is electricity service currently available to the site? ❑ 0 Sewer/Septic service is currently available to the site for the number 0 ❑ and type of units proposed. Water is currently available for the proposed number of units and type of units 0 ❑ for this project. Currently, there is sufficient water for Phases I(Assisted Living/Memory Care Facility)and Phase II(Skilled Nursing Facility). The employee housing(Phase III) component of the Project will be constructed if and to the extent sufficient water is available. Does the site have a hook-up to telephone service? 0 ❑ Does the site have a hook-up to cable or internet service? 0 ❑ Are there any environmental concerns associated with site? ❑ 0 Is the project located on or near a Brownfield? ❑ 0 Form 201H-001 Page 9 County of Hawaili 201H Application Package Identify the benefits in use or disclose any potential problems associated with your proposed site. Access to site: Access to the Project site will be from Kuakini Highway(new left turn lane). Site improvements: Extension of sanitary sewer and water from Kuakini Highway to serve the facility. Grading and paving of the site for access,parking and loading areas. Installation of dry wells for storm drainage infiltration. Extension of electrical power and telephone lines from Kuakini Highway to serve the facility. Construction of a left turn lane off of Kuakini Highway for site access. Availability of utilities: (Submit exhibit 20.) Water—Please see attached water availability letter. Sewer—Please see the"Sewer Hydaulic Report prepared by WestSound Engineering dated November 15,2013. Electricity—Confirmation of availability of electricity service to the site is forthcoming. Topography and soils: The site slopes northwesterly and southwesterly to Kuakini Highway and to the Waiaha Drainageway. Slopes are moderate,averaging 10%. USDA Natural Resources Conservation Service soils classification"Kainaliu cobbly silty clay loam". Soils are classified as"Well Drained". Environmental Issues: (Submit Exhibit 21) There are no noted environmental issues. �1I Form 201 H-001 Page 10 L County of Hawaii 201H Application Package '+] Off-Site Improvements Please provide information on the availability of utilities and site access for the proposed project. Please include information on existing infrastructure capabilities and any planned or potential expansion of infrastructure needed to develop this project. Water Existing: There is an existing 20-inch water main located on the north side of Kuakini Highway and an existing 8-inch main on the south side. Planned: The plan is to tap into the existing 8-inch water main and extend it into the site to provide domestic water service, fire sprinkler service,and fire hydrants. Sewer Existing: There is an existing 12-inch gravity sewer line located in Kuakini Highway. Planned: The plan is to connect to the existing sewer line and extend an 8-inch gravity sewer into the site to serve the facility. Drainage Existing: A portion of the Project site drains northwesterly to the Kukaini Highway ditch. The rest of the site drains southwesterly to the Waiaha Drainageway which flows underneath the Kuakini Highway in a concrete box culvert. Planned: The plan is to collect surface drainage and infiltrate it on site in dry wells that will be located throughout the site.. Form 201H-001 Page 11 County of Hawaii 201H Application Package Roads Existing: The site is located on the mauka(east)side of Kuakini Highway,which is a 2- lane paved road. Planned: The plan is to construct a left turn lane along Kuakini Highway for access into the site. Site access will be a private driveway. Electrical Existing: There is overhead electrical power located on the mauka(east)site of Kuakini Highway. Planned: The plan is to extend power from Kuakini Highway into the site to serve the facility. Gas Existing: We have not verified if natural gas is available at this site. Planned: If natural gas is available, it will be extended into the site to serve the facility. Form 2.01H-001 Page 12 i r County of Hawaii 201H Application Package I! Telephone,Television and Data Existing: There are overhead television and data lines located on the mauka(east) site of Kuakini Highway. Planned: The plan is to extend telephone and date lines from Kuakini Highway into the site to serve the facility I Form 201H-001 Page 13 County of Hawaii 201H Application Package 3.. PROJECT DESCRIP'T'ION A) Project Classification What type of project are you planning? (Check all that apply) D Apartment building ❑ Garden Style Mid-rise ❑ High-rise Cluster ❑ Single-family dwelling units Townhouse ❑ Duplex,triplex, fourplex 0 New Construction ❑ Rehabilitation ❑ Acquisition Type of construction? Class D steel frame buildings with a concrete slab foundation,horizontal vinyl exterior walls, 2"x 4"steel stud interior walls,and pitched metal clad roof over a steel roof deck. Number of Buildings: Phase I(Assisted Living/Memory Care Facility) - 1 building; Phase II(Skilled Nursing Facility)— 1 building; Phase III(Employee Housing)-- 1 building Building Description: The Assisted LivinglMemory Care Facility(Phase I of the Project)will be a 4-story building containing residential accommodations for approximately 101 residents, as well as common areas including a central dining room, several activity centers,therapy rooms, a courtyard,theatre, pool and library. The Assisted Living/Memory Care Facility will also contain staff areas including offices and a commercial kitchen. The Skilled Nursing Facility(Phase R of the Project) is planned to be a 4- story building containing residential accommodations for approximately 155 residents,as well as common areas including a separate central dining rooms,several activity areas, library, therapy rooms,and residents' lounge. The Employee Housing building(Phase III of the Project)shall be constructed if and to the extent sufficient water capacity is available for the Project. Specific building plans for the Employee Housing building are not yet available. Submil Exhibit 22. Form 201H-001 Page 14 County of Hawaii 201H Application Package '%roject Unit Mix Fill in the appropriate number in the table below. The following information applies to the Assisted Living/Memory Care Facility to be constructed as Phase I of the Project. The Skilled Nursing Facility will be constructed as Phase II of the Project and shall contain accommodations for approximately 155 residents (+/-20%). Employee Housing for the Project will be constructed as Phase II of the Project if and to the Ment sufficient water capacity is available to the site. A detailed breakdown of the accommodation types and corresponding building areas for Phases II and III are not yet available. Phase I.Assisted Livia /Memo Care Facili : No-of Buildings Studios l BR ?BR 3 13R 4 BR I dial unils 1 AL: 9 48 12 0 0 loll MC: 32 (single bed) Gross Building SF f unit SF/unit SF i unit SF 1 unit SF 1 unit Net Residential Area Area in square feet AL: 381 sf 509 sf 709 sf NIA NIA 46,321 sf 119,172 sf* I MC: 311 sf Common Area (in square feet) 53,631 sf Commercial Space (in square feet) 0 Total Area 99,952 sf* If you need more space, attach a separate sheet with the information requested above. * The difference between the gross building area of 119,172 square feet and the"Total Area"of 99,952 square feet is 19,220 square feet,representing administrative, service and mechanicallelectrical areas,as well as wall thickness. 1 Phase l is estimated to contain accommodations fora approximately 101 residents +/-201/6). PF Y ( Form 2011-1-001 Page 15 County of Hawaii 201H Application Package Q Project Amenities The Project will include the following amenities: ❑ Playground/Tot lot D Picnic Area 0 Swimming Pool Community Meeting Room D Elevator Transportation CEJ Laundry Room CEJ Computer with high-speed internet access © Other(describe) common dining facilities,therapy and exercise rooms,theater ® Project will utilize solar water heating. Q Project will install Energy Star certified appliances throughout the project. C Project will install low flow plumbing fixtures which conserve water. D) Unit Amenities What equipment/fitrnishings will be available in each unit? The following applies to the Assisted Living accommodations. ❑ Range © Refrigerator 0 Air Conditioning ❑ Disposal ❑ Dishwasher ❑ Washer ❑ Dryer ❑ Carpet 0 Drapes © Furniture ❑ Heating ® Cable TV 0 High speed internet access ❑ Other(describe) F) Parking How many parking spaces will be provided at the project site? Please complete the table below. Number of spaces Ratio of Spaces/Units Tenant 50 0.49 Guest 3 .02 Handicap Accessible 4 .03 Commercial 0 NIA Total 57 .56 Will a fee be charged to tenants for parking in addition to rent? ❑ Yes 0 No Form 201 H-001 Page 16 County of Hawaii 201H Application Package rl Proximity to Services, Schools,Shopping and Recreational Opportunities Please identify schools,recreational facilities, and shopping facilities are located in the immediate vicinity of the project site(i.e.,within walking distance for occupants or accessible by mass transit). Identify Distance: Super Market/Grocery Store Safeway,Walmart, Sack N Save and KTA 4 miles Super stores Schools: Elementary NIA—not a family project (family project) Middle N/A—not a family project High NIA—not a family project Child care: NIA—not a family project (family project) Public Library: Kailua-Kona Public Library 1.3 miles Healthcare: West Hawaii Community Health Center 1.2 miles Queen's Health Care Center 2 miles Straub Kona Clinic 2 miles Kaiser Permanente Kona Medical Office 5 miles Kona Community Hospital 9 miles Community Center/ Kona Community Aquatic Center 2.1 miles Activities: Various shopping outlets and restaurants in 2.5 miles Kailua-Kona town ' Park/Playground: Hale Halawai Park 1.2 miles Bank/Financial Services: First.Hawaiian Bank,Territorial Savings Bank, 2 miles Finance Factors,Central Pacific Bank and various credit units Public Transportation: None in immediate vicinity but the Project will provide transportation services to its residents. Employment: NIA given target resident population 4 Form 201 H-001 Page 17 f. County of Hawaii 201H Application Package G) Project Schedule Indicate the approximate dates for the following: Milestones: Date Approval of 201(H)Variances October 2017 Resolution No. 281-14 was adopted by the Hawai'i County Council on March 7,2014. The applicant in connection with the Resolution was a prior developer of the Project Kuakini Highway 75-6099 Corp., as landowner and current developer of the Project, currently seeks certain additional exemptions as set forth herein and in the draft Amending Resolution presented to the Office of Housing and Community Development. Projected Building Permit Date: Closing of Construction Financing: Estimated dates for each of these Construction Start Date: items are contingent upon approval of 201H resolution amending Projected Occupancy Permit Date: existing Resolution 281-14. Placed in service date': Achievement of occupancy for 100%of the units Achievement of 95%stabilized occupancy' Submit Exhibit 22, H) Market Demand Please include a justification of market demand in Exhibit 23. OHCD may, at its discretion, require a market analysis. 1) Management/Sales Plan Provide a detailed description of how the project will be managed,if"Rental Project." If"For Sale Project" detailed description of sales force and plan. Include anticipated staffing,programs,etc. aIf project consists of multiple buildings or phases,please include the date on which each building or phase will be placed in service.` Date at which the project shall have leased 100%of the units in the project at least once. a Date at which the project shall have 95%of the project occupied for 90 consecutive days. Form 201H-001 Page 18 r ( County of Hawaii 201H Application Package j 1. TARGET POPULATION A) Occupancy Type Indicate the number of units allotted for each of the following: Family a Elderly AL/MCF: 101-, SNF: 155 Handicapped' 101 Homeless 0 Mentally 111 0 B) Accessible units Number of Accessible units 101 Number of Adaptable units 0 C) Availability Will all of the residential units be available to the general public? ❑ Yes Q No If you answered no, please qualify which populations the units will be made available to. The Assisted Living/Memory Care Facility provide accommodations for residents needing assisted living andlor memory care services. The Skilled Nursing Facility willprovide accommodations for residents needing skilled nursing care. Yproject will be receiving operating subsidy,submit Exhibit 23. 5. PLANS,SPECIFICATIONS AND REQUESTED EXEMPTIONS A) Plans and Specifications Provide sets of half-size plans and specifications,as described in Exhibit 26. B) Required Exemptions Provide a comprehensive and detailed list of all exemptions required and citations in Exhibit 19. 6. QUESTIONS Please address one question per page. See attachments 1. How does the project fit into state,regional,and local housing plans? Where does the project fit in relation to community development,land use, and zoning plans? 2. Describe the design features(i.e., larger bedrooms,wider hallways,etc.)you are including in your project. How will these features address the health and safety concerns of the owners/tenants?How will these features enhance the project's ability to meet the target population's needs? 3. Describe any associated community facilities or social or special services that will be provided,if applicable. 4. What are the main contingencies to the project? C ^' Residents may qualify as"handicapped"and AL/MCF and SNF accommodations are equipped to handle certain disabilities. Form 201H-001 Page 19 V vY EXHIBIT A Project Cost Breakdown Worksheet { { AW Kuakini Highway 75-60919 Corp. KONA PROJECT - PRELIMINARY PROJECT COST September 12, 2017 DESCRIPTION Phase I Phase It TOTAL Construction General Conditions $936,395 $246.272 $1.182.667 Mobilization $469.000 5279.505 $748.505 Site Preparation $1,286,636 $766,783 $2,053,419 Earthwork $682,926 $1,138,210 $1,821,136 Landscaping $136,000 $385,000 $521,000 Paving $445,335 $125,885 $571,220 Concrete Foundations $1,502,550 $1,615,950 $3,118,500 Light Weight Concrete Coating $156,450 $96,600 $253,050 Floor Stabs-1 st $123,900 $74,550 $198,450 Fire Sprinkler $658,350 $386,400 $1,044,750 Alarm System $345,450 $97,650 $443,100 Water System!Drainage!Sewar $736,779 $389,029 Plumbing! $1,855,350 $979,650 $2,835,000 Electrical $2,637,600 $1,599,150 $4,236,750 Framing $1,965,600 $1„191,750 $3,157,350 Roofing $665,700 $738,150 $1,403,850 Waterproofing $14,700 $9,450 $24,150 Siding $827,400 $500,850 $1,328,250 Misc. Metals $153,300 $92,400 $245,700 Insulation $161,700 $64,050 $225,750 Finish Carpentry $264,600 $160,650 5425,250 Sheet Metal $56,700 $34,650 $91,350 Case Work!Doors!Windows $1,357,650 $821,100 $2,178,750 Finish Hardware $225,750 $136.500 $362,250 Drywall&Wall covering $1,423,800 $863,100 $1286,900 Painting&Decorating $551,250 5444,150 $995,400 Acoustical $122,850 $75,600 $198,450 Flooring $933,450 $565,950 $1,499,400 Specialties $1,060,500 $157,500 $1,218,000 Elevators $569,100 $344,400 $913,500 HVAC $2,390,850 52,244,900 $4,635,750 Bond&Insurance 5236,250 $200,550 $436,800 Overhead&Profit $1,194,900 $1,012,2.00 $2,207,100 Total Construction $26,148,771 $17,838,534 $43,987,305 Other Project Costs Pre Development Cost $850,000 $250,000 $1,100,000 Architectural Fee $574,800 $498,000 $1,072,800 Engineering Fees $452,000 $342,000 $804,000 Development Expense $997,500 $195,300 51,192,800 Certificate of Need $25,000 $25,000 550.000 Development Fees $720,000 $495,000 $1,215,000 Insurance3itle&Recording $75,000 $50,000 $125,000 Legal&Organization $200,000 $175,000 $375,000 Ramp-up $1,800,000 $1,200,000 $3,000,000 Mlsc Equipment $630,000 $210,000 $840,000 Sub Total $6,334,300 $3,440,300 $9,774,608 GRAND TOTAL $32,483,071 $21,278,834 $53,761,905 4 EXHIBIT B (Not Applicable) .r EXHIBIT C Operating Income 140 MUA%INI HWY 75.6099 NORTH KONA ASSISTED LIVING(AQjMEMORY CARE{MC]FACILITY PRO FORMA UNDERWRITING - #OF UNITS ( The se are only estimates based un.as9Grop6ons ihal may not oCWr..Actual resuns wii vary.Returns are not pu rard"cl.] Optimum Apartment Rent 2016 Afford Total Hsg Afford Rent Per Income %of #of Credits Hsg Unit 1 Rent Per Resident Unit Type Type #of Units Units Beds. Per Unit Credits Sol Ft Ma Month Days/Yr Rent Per Year Studio Market 5 005 5 0.0 38Z $3,250 $16,250 1,82S $195,000 Studio Market 4 0.04 4 0.0 391 $3,250 $13,000 1,460 $156,000 Studio 60%AMI 2 002 2 2.0 4.0 382 $717 $1,434 730 $17,208 Studio 80%AMI 2 0.02 2 1.5 3.0 382 5956 51,912 730 $22,944 Studio 100%AMI. 2 002 2 10 2.0 391 $1,195 $2,390 730 $28,680 1 bedroom Market 12 0.12 12 0,0 - 510 53,700 544,400 4,380 $532,800 1 bedroom Market 6 0,06 6 0.0 523 $3,700 $22,200 2,190 $266,400 1 bedroom Market 6 0.06 6 0,0 557 54,900 529,400 2,190 $352,800 1 bedroom Market 3 0,03 3 0.0 577 $4,900 $14,700 11095 5176,400 1 bedroom 60%AW 5 0.05 5 2.0 10.0 510 $768 $3,840 1,825 $46,080 1bedroom 80%AW 5 0,05 5 1.5 75 510 $1,024 $5,120 1,825 561,440 1 bedroom 100%AMI 5 0.05 5 1,D 5.0 510 $1,280 56,400 1,825 S76,8o0 0.0 $0 0 $0 0.0 so 0 s0 2 bedroom Market 9 0.09 9 Do 800 $5,800 $52,200 3,285 $626,400 2 bedroom 60%AMI 1 0.01 1 2.0 2.0 800 $819 $819 365 $9,828 2 boelroom 60%AMI 1 0.01 1 1 5 1.5 800 $1,092 $1,092 365 $13,104 2bedroom 100%AMI 1 0.01 1 1.0 1.0 800 $1365 $1,365 365 $16,380 - 0.0 so 0 s0 - 0.0 so 0 so Memory Care Market 22 0.22 22 0,0 - 312 $7,900 $173,800 8,030 $2,085,600 Memory Gam 60%AMI 3 0.03 3 2.0 6 0 312 $717 $2,151 11095 $25,812 Memory Care 80%AMI 4 0.04 4 1,5 6.0 312 $956 $3,824 1,460 $45,888 Memory Care 100%AMI 3 0.03 3 1.0 30 312 51,195 53,585 _ 1,095 $43,020 Optimum Apartment Rent 101 100% 101 51 $3,959 5399,882• - 36,865 $4,798,584 Less Vacancy Loss-Market 67 units 70%of market reve nue ($25,617) ($307,396) Vacancy Loss-Afforda 34 units 7,6%of affordable rev ($2,375) ($28,503) Concessions 2 DO%of all rev less vacancy ($89.2S4) Net Optimum Apartment Rent __. $371,890 $4,373,429 IMdlan Optimum Other Revenue In[wme AL Sen lc -Market 16,425 res days Care Levals %ReWents Units Beds $13.48/resident day $221,409 AL Services-50%AMI Studio 2units Independent - $26,860 $1,4431mo $34,632 AL Services-80%AMI Studlo 2 units Assisted 69 69 $38,240 $1,912 lmo $45,888 AL Services•100%AMI Studio 2 units M 32 32 $47,800 $2,390 kw $57,360 ALSorvires-80%AMI 1Bd 5unds Total 101 t01 $30,720 $1.5361mo $92,160 AL Services-60%AMI 1 84 5units $40,960 $2,048hno $122,880 AL Senecas-100%AMI 1 Bd 5 units $51,200 52,580 Imo $753,800 AL Services-60%AMI 28d 1 units $32,760 $1,838 Imo $19,656 AL Services-80%AM]2 Bid 4 units $43,680 $2,184 Imo 5704,832 AL Services-100%AM12 Bid 1 units $54,600 $2,730 Imo $32,760 MC Services-60%AMI 3 beds 328,860 $1.5631mo $56,277 MC Services-80%AN 4 beds $38,240 $2,071 Imo $98,424 MC Services-100%AMI 3beds $47,800 $2.509)mo $93,210 Commercial;Rent.Seton $50 Imo $600 2nd Person AL Mkt Units 7 persons $750 Imo, $62,370 2nd Parson ALAfford Units 3 persons $250/mrs $9,.090 $0 logo $0 Community fees(paid al signktl 101 units 45% tumaverlyr $1,000 Amit $45,450 other Income $35,000 Parking revenue 0 stalls 0'd of parking stalls Q Imo Optimum Other Revenue $1,266,598 Less: Vacancy Lass-AL Market Services 7 0%of AL Mkl Services ($19,907) Vacancy Loss-AL Affordable Services 7 0%of AL Affordable Services 1$64,524) Concessions 2 0%of net other revenue {$24,9431 Net Optimum Other Revenue Total Revenue $5,551,554 *aw EXHIBIT D Operating Expenses (10Q. Operating Expenses: Licenses $0.20 per resident day $95.91 total prd $6,857 Insurance(Prop&Liability) $1.99 per resident day $68,226 Gas $080 per resident day $27,428 Electricity $1.75 per resident day $59,998 Water/Sewerlrrash $140 per resident day $47,998 Cable $0.70 per resident day $23,999 Buliding Repair&Maintenance $1.25 per resident day $42,856 Supplies $0.35 per resident day $12,000 Wages $1.35 per resident day $46,284 Property Payroll Taw'Benefrts $0.41 per resident day $14,057 Services and Care $70.89 per resident day $2,430,425 General&Admin $14.82 per resident day $508,096 Management Fees 5%of EGl $277,578 Replacement Reserves $300 per unit $30,300 Total Operating Expenses $3,598,099 Operating ExpenselRevenue Ratio $1 NET OPERATING INCOME $ 1,955,454 *4w EXHIBIT E Operating Proforma KUAKINI HWY 75-6099 NORTH KONA ASSISTED LIVING{AQ/MEMORY CARE SMC}FACILITY PRO FORMA UNDERWR1T1 ANALYSIS = %OF TOTAL#OF UNITS Trese aro only esllmales build m assumplions that may not occur Aomal muuhs will very.nelum5 are not g•,a rleeC. Optimum Apa rime nl Rent 2016 Afford Total Hsg Afford Rent Per Income %of #of Credits Hsg Unit 1 Rent Per Resident Unit Type Type N of Un Its Units Beds Per Unit Credits Sq Ft Mo Month Days/Yr Rent Per Year R' Studio Market 5 0.08 5 0.0 38Z $3,250 516,250 1,825 $195,000 Studio Market 4 0.04 4 00 391 $3,250 $13,000 1,460 $156,000 Studio 6096 AMI 2 0.02 2 2 D 4.0 382 $717 S1,434 730 $17,208 Studio 80%AM, 2 002 2 15 3.0 382 $956 $1,912 730 $22,944 Studio 100%Ar 2 0.02 2 1.0 2.0 391 $1,195 $Z,390 730 $28,680 1 bedroom Market 12 012 12 0.0 - 510 $3,700 $44,400 4,380 5532,800 1 bedroom. Market 6 006 6 0.0 523 $3,700 $22,200 2,190 $266,400 1 bedroom Market 6 006 6 00 S57 $4,900 $29,400 2,190 $352,800 T bedroom Market 3 003 3 00 577 $4,900 $14,700 1,095 $176,400 1 bedroom 60%AM 5 0.05 5 2.0 10.0 510 $768 $3,840 1,825 $46,080 1 bedroom 80%AM 5 0.05 5 1.$ 75 510 $1,024 $5,120 1,825 $61,440 1 bedroom 100%A1 5 0.05 5 10 5.0 SIO $1,280 $6,400 1,825 $76,800 - 0.0 - SO 0 $0 0.0 - $0 0 $0 2 bedroom Market 9 0.09 9 0.0 - 80D $5,800 $52,200 3,285 $626,400 2 bedroom 6D%AMI 1 0.01 1 2.0 20 800 $819 $819 365 $9,828 2bedroom 8096AMI 1 0.01 1 1.5 1.5 800 $1,092 $1,092 365 $13,104 2bedroom 100%AN 1 0.01 1 110 1.0 800 $1,365 $1,365 365 $16,380 - 0.0 - SO 0 $D 00 - $D 0 $0 Memory Care Market 22 0.22 22 00 312 $7,900 $173,800 8,030 $2,085,600 Memory Care 60%AMI 3 0.03 3 2.0 60 312 $717 $2,151 1,095 $25,812. Memory Care 80%AMI 4 0.04 4 1,5 6,0 312 $956 $3,824 1,460 $45,888 Memog Care 100%AN 3 0.03 3 1.0 3.0 312 $1,195 $3,585 1,095 $43020 Optimum Apartmant Rent 101 100% 101 51 $3,959 S399,882 36,885 ,798,584 Less Vacancy Lass-Mark 67 units 7.0%of market revenue (525.617) ($307,398) Vacancy Loss-Affor 34 units 7.0%of affordable rev, ($2.375) ($28,503) Concessions 2.00%of all ray less vacancy [$89,254) Net Optimum ApartinenS Rent 5371,890 $4,373,429 Median Optimum Other Revenue Income AL Services-Markel 16,425 res days Care Levels %Residents Units Beds $13.481residenl day $221,409 . AL Semicas-60%AMIStud ir 2units Independent - - $28.660 $1,443 Irl $34,632 AL Samces•60%AMI Sluo dic 2 units Aulsted 69 69 $38,24D $1,912 Im545.888 AL Services-100%AMI Stud 2 units Me 32 32 547,800 $2,390 Irmo 357,360 AL Services-60%AMI 1 Bd 5 units Total 101 101 $30,720 $1,536 Imo $92,160 AL Services-W%AMI 1 ed 5 units $40,980 $2,048 Imo $122,880 AL Services-100%AMI 1 Bd 5 units $51,200 $2,560 Imo 5153,600 AL Services-60%AMI 2 Bd 1 units $32,760 $1,638 into $19,656 AL Services-80%AMI 2 lad 4 units $43,680 $2,164 Imo $104,832 AL Services-100%AMI 2 ed 1 units $54.600 $2,730 Pma $32,760 MC Services-6D%AMI 3 beds $28,860 $1,563 Imo $56,277 MC Services-80%AMI 4 bads $38.240 $2.071 Imo $99,424 MC Services-100%AMI 3 beds $47,800 $2,589 Imo $93,210 Commercial Rent,Salon $50 Imo $600 2nd Person AL Mkt units 7 persons $750 Imp 362,370 2nd Person AL Afford Units 3 persons $250 Imo $9,090 $0 Imo $0 Community Fear,(paid at slgr 101 units 45% tumoverlyr $1,00D fund $45,450 Otter Income $35,000 Parking revenue 0 stalls 0%of_parking stalls Imo Optimum Other Revenue $1,286,598 Less. Vacancy Lass-AL Market Services 7.0%of AL Mkt Services ($19,907) Vacancy Loss-AL Affordable Services 7 0%of AL Affordable Services ($64,524) Concessions 2 0%of net other revenue ($24,043) Not Optimum Other Revenue $1,178,124 Total Revenue $5,551,554 Less Operating Expenses. Licenses $0.20 per madant day $95 91 Iota!prd $6.857 Insurance(Prop&Liability) $199 per resident day $68,226 Gas $0.80 per resident day $27,428 Electricity $17 5 per resident day $59,996 WalerlSewerffrash $1.40 per resident day $47,598 Cable $0.70 per resident day $23,999 Building Repair&Maintenance $1.25 per resident day $42,856 Supplies $0.35 per resident day $12,000 Wages $1.35 per resident day $46,284 Property Payroll Ta4Benefits $0.41 per resident day $14,057 Services and Care $70.89 per resident day $2,430.425 General&Admin $1482 per resident day $508,096 Management Foes 5%of EGI $277.578 Replacement Reserves $300 per unit $30,300 f Property Taxes 0%of property assessed value [ Total Operating Expenses $3,596,099 Operating Expensa7Revenue Ratio 65% NET OPERATING INCOME $1,955,454 KUAKINI HWY 75.6099 NORTH KONA ASSISTED LIVING ALVMEMORY CARE(MQ FACILITY PRO FORMA UNDIRWAMR9 ANALY515(4-5-16):11110%MIARKItT HATE [Pr.e S=are on estimates based on assumptnns Inal may not Occur.Actual results w)I vary. Retums Bre not guarameea) Optimum Apartment Rent 2016 Rent Per Income %of #of Unit I Rent Per Resident Unit Type Type #of Units Units Beds Sq Ft Mo Month Days/Yr Rent Per Year Studio Market 9 0.09 9 382 $3,250 $29,250 3,285 S 351,000 Studio Market 6 U6 6 391 $3,250 $19,500 2,190 $234,000 Studio 601A AMI - - $0 0 $0 Studio 80%AMI $0 0 $0 Studio 100%AMI $0 0 SO I bedroom Market 27 027 27 510 $3,700 $99,900 9,855 $1,198,800 1 bedroom Market 6 0.06 6 523 $3,700 $22,200 2,190 $266,400 1 bedroom Market 6 0.06 6 557 $4,900 $29,400 2,190 $352,800 1 bedroom Market 3 003 3 S77 $4,900 $14,700 1,095 $176,400 1 bedroom 60%AMI - $0 0 $0 1 bedroom 80%AMI $0 0 $0 1 bedroom 100%AMI $0 0 $0 $0 0 $0 $0 0 $0 2bedroom Market 12 0.12 12 800 $5,800 $69,600 4,380 $835,200 2 bedroom 60%AMI - $0 0 $0 2 bedroom 80%AMI $0 0 s0 2 bedroom 100%AMY $0 0 $0 s0 0 $0 s0 0 $0 Memory Care Market 32 0.32 32 312 $7,900 $252,800 11,680 $3,033,600 Memory Care 60%AMI - - $0 0 $0 Memory Care 80%AMI s0 0 $0 Memory Care 100%AMI - s0 0 $0 Optimum Apartment Rent 101 100% 101 $5,320 $537,350 36,865 $6,448,200 Less. Vacancy Lass-Mark 101 units 7,0%or market revenue (537,615) -$451,374 Vacancy Loss-Affor units 7.0%of affordable rev s0 $o Ccocassions 2 00%of all FOV less vacancy -$119,937 Not Optimum Apartment Rent $499.738 $5,676,889 Optimum Other Revenue AL Senates-Market 25,185 res days Cara Lewis %Re nits units Beds $13.48 Iresident day $339,494 AL.Services-60%AMI Studic 0 unVts Independent Imo $0 AL Services-80%AMI Stud it 0 units Assisted 69 69 Imo $0 AL Services.100%AMI Stud 0units Memory 32 32 Imo $0 AL Services-60%AMI 1 Bd 0 units Total 101 101 Imo $0 AL Services-80%AM 1 Bid 0 units Imn $0 • AL Services-100%AMI 1 Bid 0 units /ma $0 AL Services-60%AMI 2 Bid 0 units Imo $0 AL Services-80%AMI 2 Bid 0 units Imo $0 AL Services-100%AMI 2 86 0 units Imo $o MC Services-60%AMI 0 beds Imo $0 MC Services-80%AMI 0 beds Imo s0 MC Services-100%AMI 0 beds Imo $0 Commercial Rent,Salvo $50 Imo $600 2nd person AL Mkt Units 10 persons $750 Imo $89,640 2nd Person AL Afford units - persons Imn $0 $0 Imo $0 Community Fees(paid at sigr 101 units 45%tum00erlyr $1.000 lunit $4$,450 Other Income $35,000 Parking revenue 0 stalls 04';of_parking stalls Imo Optimum Other Revenue $510,184 Less: Vacancy Loss-AL Market Services 7.0%of AL Mkt Services ($30,081) Vacancy Loss-Al-Affordable Services 70%of AL Affordable Services $0 Concessions 2 0%of net other revenue _ __ ($9,602) Net Optimum Other Revenue -• $470,'300 Total Revenue $6,347,390 Lass Operating Expenses: Lwanses $020 per resident day $95 91 total pro $6,857 Insurance(Prop&Liability) $199 per resident day $68.226 Gas $0.80 per resident day $27,428 Electricity $1.75 per resident day $59,998 WalarlSewar/Trash $1.40 per resident day $47.990 Cable $0.70 per resident day $23,999 Building Repair&Maintenance $1.25 per resident day $42,856 Supplies $0.35 per resident day $12,000 Wages $1.35 per resident day $46,284 Property Payroll Taxl6ene0ts $0.41 per resident day $14,057 Services and Care $70 89 per resident day $2.430,425 General&Adm n $14$2 per resident.day 5508.096 Management Fees 5%of EGI 3317,369 Replacement Reserves $300 per unit $30.300 Hl General Excise Tax 4 167%of gross income $264,496 Property Taxes $10.05 "r-51000 net taxable land&bldg $287,430 Total Operating Expenses 54,187,a17 Operating ExpenselRevenue Ratio fib% NET OPERATING INCOME $ 2,159,573 EXHIBIT 1 IRS Tax Exemption Letter INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. 0. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: SEP 26 2014 46-2084372 DLN: 17053071334004 KUAKINI HIGHWAY 75-6099 CORP Contact Person: C/O TDA INC ATTN GARRY J SPANNER PETER A ORLETT ID# 31436 2025 PIONEER CT Contact Telephone Number: SAN MATEO, CA 94403 (877) 829-5500 Accounting Period. Ending: December 31 Form 990 Required: Yes Effective Date of Exemption: February 20, 2013 Contribution Deductibility: 41 No Addendum Applies: No Dear Applicant: we are pleased to inform you that upon review of your application for tax- exempt status we have determined that you are exempt from Federal income tax under section 501(c) (2) of the. Internal Revenue Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. For important information about your responsibilities as a tax--exempt organization, go to www.irs.gov/charities. Enter 114221-NC" in the search bar to view Puhiication 4221-NC, Compliance Guide for Tax-Exempt Organizations (Other than 501(c) (3) Public Charities and Private Foundations) , which describes your recordkeeping, reporting, and disclosure requirements. Sincerely, Director, Exempt organizations f; i i �� Letter 948 EXHIBIT 2 Treasury Form 990 Electronic Filing r Fuge 1 of 1 Cumulative a-File History 2018 Federal Locator: 1600HV Taxpayer Name: Kuakini Highway 75-6099 Corp Return Type: 990,990 Submitted Date: 09/25/2019 18:29:00 Acknowledgement Date: 09/25/2019 18:56:08 Status: Accepted Submission ID: 95416620192685000103 https://gosystemrs.fasttax.com/ElfCumulativeHistory.asp?Acct=F 173&Year=201$&Loc=1... 9/25/2019 Electronic Filing Page 1 of 1 Cumulative a-File History 2018 California Locator: 1600HV Taxpayer Name: Kuakini Highway 75-6099 Corp Return Type: 990, 990 Submitted Date: 09/25/2019 18:29:00 Acknowledgement Date: 09/25/2019 19:25:47 Status: Accepted Submission ID: 95416620192685000102 https://gosystemrs.fasttax.com/ElfCumulativeHi story.asp?Acct=F 173&Year=2018&Loc=l... 9/25/2419 4 Form 8819-EQ IRS a-file Signature Authorization for an Exempt Organization OM®No-1545-1878 For calendar year 2018,or fiscal year beginning ,2018,and ending 20 Department d ft Treasury ■ Do not send to the IRS.Keep for your records, V 1 1.11a 1 Re,eaue 8"Ce 0- 0o to tvww.irs.gov1Ftarm8879EO for the latest InformatlorL L��'}J 0 1 Name of exempt oNanization Employer Identtnca on number K[IAKINI HIGHWAY 75-5099 CORP 46-2084372 Name and We of officer T a of Return and Return Information(Whole Dollars Only) Check the box for the return for which you are using this Form 8879-EO and enter the appricable amount,if any,from the return. If you check the box on line 1a, 2a, 3a, 4a,or 5a, below,and the amount on that line for the return being flied with this form was blank,then leave line 1b,2b,3b,4b,or 5b,whichever Is applicable,blank(do not enter-0-).But,if you entered$on the return,then enter-0-on the applicable line below. bo not complete more than one Eine in Part I. Is Form 990 check here ■ X b Total revenue,If any(Form 990, Pari VIII,column(A),line 12) , , 1 b _ —38,160. 2a Form 990-EZ check here ► b Total revenue,If any(Form 990-EZ,line 9) , , , , , , , 2b 3a Form 1120-POL check here i b Total tax(Form 1120-POL,line 22). , , , , , , , , 3b 4a Form 990-PF check here P b Tax based on investment Income(Form 990-PF,Part VI,line 5J. 4b 5a Form 8868 check here ► b Balance Due(Form 6868,line 3c), , , , , , , , , , , , , , , , 5b Declaration and Signature Attihorization of Officar Under penalties of perjury,I declare that I am an officer of the above organization and that I have examined a copy of the organization's 2018 electronic return and accompanying schedules and statements and to the best of my knowledge and belief,they are true,correct,and complete.I further declare that the amount in Part I above Is the amount shown on the copy of the organization's electronic return.I consent to allow my intermediate service provider,transmitter,or electronic return originator(ERO) to send the organization's return to the IRS and to receive from the IRS(a)an acknowledgement of receipt or reason for rejection of the transmission,(b)the reason for any delay In processing the return or refund,and(c)the date of any refund.1f applicable,I authorize the U.S Treasury and Its designated Financial Agent to Initiate an electronic funds withdrawal(direct debit)entry to the financial institution account indloated in the tax preparation software for payment of the organization's federal taxes owed an this return,and the financial institution to debit the entry to this account.To revoke a payment, l must contact the U.S.Treasury Financial Agent at 1-888-353-4537 no later than 2 business days prior to the payment(settlement)date, I also authorize the financial instifutlons involved in the processing of the electronic payment of taxes to receive confidential information necessary to answer inquiries and resolve issues related to the payment. I have selected a personal identification number(PIN)as my signature for the organization's electronic return and,if applicable,the organization's consent to electronic funds withdrawal. Officer's PIN:check one box only Q 1 authorize MILLER KAPLAN ARASE LLP to enter my PIN 8 3 4 2 7 as my signature 00 firm name Einar tine numbtera,but do riot entar as zeros on the organization's tax year 2018 electronically filed return. If I have indicated within this return that a copy of the return is being filed with a state agency(ies)regulating charities as part of the IRS Fed/State program,I also authorize the aforementioned ERO to enter my PIN on the return's disclosure consent screen. ❑ As an officer of the organization, I will enter my PIN as my signature on the organizatlom's tax year 2018 electronically filed return. If I have indicated within this return that a copy of the return is being filed with a state agency(ios)regulating charities as part of the IRS Fed/State program, I will enter my PIN on the return's disclosure consent screen. Officers signawre ■ &JL4, bate ■ Certification wind Aulthentication ERO's EFINlPIN.Enter your six-digit etectronic filing identification number(EFIN)followed by your fire-digit self-selected PIN. 9 5 4 1 6 6 3 6 2 5 5 Do not Solar as xatas I certify that the above numerfc entry Is my PIN,which is my signature on the 2018 electronically filed return for the organization indicated above. I confirm that I am submtlting this return in accordance with the requirements of Pub.4168,Modernized e-FIIe(MSF) Information for Authorlted IRS elle Providers for Business Returns. ERo's slgrtaturs ill� U pate i► ERt7 Must Retain ThIs Form-See Instructions Do Not Submit This Form To the IRS Unless Requested To Do So For Paperwork Reduction Act Notice,sae back of form. Form 8879-E0(2 019) Jsr{ --- BEIM 1.000 1600HV F173 V 18-5. 4F 92-5871 PAGE 2 027 Date Accepted DO NOT MAIL THIS FORK!TO THE FTB T"ABLEYEAR California a-file Return Authorization for FC7IM - 2018 Exempt Organizations 8453-EO Exempt Organzatfon nam® Identifying number KOAKINI HIGHWAY 75-6099 CORP 46-2084372 PartI Electronic Return Information(whole dollars only) 1 Total gross receipts(Form 199,tine 4), . . . 1 4 6 7 9 0. 2 Total gross Income(Form 199,Pine 8). . . . . . . . . . . . . . 2 4 6,7 9 0. 3 Total expenses and disbursements(Form 199,Line 9) , 031. Part II Settle Your Account Electranicaliv for Taxable Year 2018 4F Eiectrbnic funds withdrawal 4a Amount 4b Withdrawal date(mmlddlyyyy) Part Ill Banking Information(Have you verified the exempt organization's banking information?) 5 Routing number 6 Account number Y Type of account 1:1 Checking ❑Savings Part IV Declaration of Officer I authorize the exempt organization's account to be settled as designated In Part If.If i check Part It.Box 4,1 authorize an electronic funds withdrawal for the amount listed on line 4a. Under penalties of perjury,I declare that I am an officer of the above exempt organization and that the Information I provided to my electronic return origin- ator(ERO),transmitter,or Intermediate service provider and the amounts in Part I above agree with the amounts on the corresponding lines of the exempt organization's 201 B California electronic return.To the best of my knowledge and belief,the exempt organization's return Is true,correct,and complete,if the exempt organization Is filing a ha lance d u a return,I understand that if the Franchise Tax Board(Frig)does not receive fuss and timely payment of the exempt organization's fee liability,the exempt organization will remain liable for the fee liability and all applicable interest and penalties. I authorize the exempt organization return and accompanying schedules and statements be transmitted to the FIB by the ERO,transmitter, or Intermediate service provider.If the processing of the exempt organlza8on's return or refund Is delayed,I authorize the FTB to disclose to the ERO or intermediate service provider the reason(s)for the delay. SignXIL- �'1 l F� ❑ HQFB Signature of officed Date I TSS Part V Declaration of Electronic Return Originator(ERO)and Paid Preparer.See instructions. I declare that I have reviewed the above exempt organization's return and that the entries on form FM 8453-EO are complete and correct to the best of my knowledge.(if I am only an Intermediate service provider,I understand that I am not responsible for reviewing the exempt organization's return. I declare, however,that form FTB 8453-ED accurately reflects the data on the retum)I have obtained the organization offloo's signature on form FTB8453-EO before transmitting this return to the FTB;I have provided the organization officer with a copy of all forms and information that I will file with the FM,and I have followed all other requirements described in FTB Pub, 1345, 2018 Handbook for Authorized a-file Providers.I will keep foes FIB 8453-EO on file for four years from the due date of the return or four years from the date the exempt organization return is filed,whichever is later,and t will make a copy ava![able to the FTS upon request.If I am also the paid preparer,under penalties of perjury,I declare that I have examined the above exempt organization's return and accompanying schedules and statements,and to the best of my knowledge and belief,they are true,correct,and complete. I make this declaration based on all information of which I have knowledge. .� Dat n [y Check If Check ERG's PTIN ` V Y "rf plea paid ❑N salt- ,'Q signature V I is arer emp PA ust Firm's name(or yours FEIN Sign If self-employed) and address 21P cede Under penalties of perjury,I declare that I have examined the above organization's return and accompanying schedules and statements,and to the best of my knowledge and belief,they are true,correct,and complete.t make this declaration based on all information of which I have knowledge. Paid Paid DaisnClheck Paid preparers PT1N preparers r f] elfPreparersignature to LlIP01513501 Must �iN Sign Firm'sname(oryours MILLER KAPLAN ARASE LLP95-2036255 It self-employed) 2 EMBARCADERO CTR 5TE 2280ZIP code and address SAN FRANCISCO CA I 194111-3916 For Privacy Notice,get FTB 1131 ENGISP. FTEs$453 EC? 2018 BA510 Looe 1600HV F173 V 18-5.4F 92-5871 PAGE 33 Form 8858 Application for Automatic Extension of Time To File an (Rev January2019) Exempt Organization Return OMB No. 1545-1709 !J Department of the Treasury ■File a separate application for each return. internal Revenue Service 00' Go to www.irs.gov/Form8868 for the latest information. Electronic filing (&file). You can electronically file Form 8868 to request a 6-month automatic extension of time to file any of the forms listed below with the exception of Form 8874, Information Return for Transfers Associated With Certain Personal Benefit Contracts,for which an extension request must be sent to the IRS in paper format(see instructions). For more details on the electronic filing of this form,visit www.lrs.goWe-file-provfders/e-file-for-charities-and-non-profits. Automatic 6-Month Extension of Time.Only subrnit original(no copies needed). All corporations required to file an income tax return other than Form 990-T(including 1120-C filers),partnerships,REMICs,and trusts must use Form 7004 to request an extension of time to file income tax returns. Enter filer's Identifying number,see instructions Name of exempt organization or other filer,see instructions. Employer identification number(EIN)or Type or print KTJAKINI HIGHWAY 75-6099 CORP 46-2084372 File by the Number,street,and room or suite no.If a P.O. box,see Instructions. Social security number(SSN) due date for filing your 2025 PIONEER CT return See City,town or post office,state,and ZIP code.For a foreign address,see instructions. instructions SAN MATEO, CA 94403 Enter the Return Code for the return that this application is for(file a separate application for each return) . . . . . . . . . . . . I 1 Application Return Application Return Is For Code Is For Code Form 990 or Form 994-EZ 01 Form 990-T(corporation) 07 Form 990-BL 02 Form 1041-A 08 Form 4720 individual 03 Form 47203 other than individual 09 Form 990-PF 04 Form 5227 10 Form 990-T sec 401 a or 408(a)trust D5 Form 6069 11 Form 990-T trust other than above 06 Form 8870 12 ',PDA INVESTMENT GROUP INC. , • The books are in the care of ■ 2025 PIONEER CT, SAN MATEO CA 94403 Telephone No. ■ 650 343-6333 Fax No. ■ ■ If the organization does not have an office or place of business in the United States,check this box . . . . . . . . . . . . . . . ■ ❑ • If this is for a Group Return,enter the organization's four digit Group Exemption Number(GEN) . If this is for the whole group, check this box . , , , . . ■❑ . If it is for part of the group, check this box. . . . . . . I►=and attach a list with the names and EINs of all members the extension is for. 1 I request an automatic 6-month extension of time until 11/15 , 2019 , to file the exempt organization return for rthe t organization named above. The extension is for the organization's return for: i I h calendar year 20 18 or ■❑ tax year beginning 20 and ending 20 2 If the tax year entered in line 1 is for less than 12 months,check reason° ❑ Initial return ❑ Final return Chan a in accounting period 3a If this application is for Forms 990-BL, 990-PF, 990-T, 4720, or 6069, enter the tentative tax, less any nonrefundable credits.See instructions. 3a $ 0 b If this application is for Forms 990-PF, 990-T, 4720, or 6069, enter any refundable credits and estimated tax payments made.Include any prior year overpayment allowed as a credit. 3b $ 0. c Balance due.Subtract line 3b from line 3a. Include your payment with this form, if required,by using EFTPS (Electronic Federal Tax Payment System).See instructions. 13c $ 0. Caution:If you are going to make an electronic funds withdrawal (direct debit)with this Form 8868, see Form 8453-ED and Form 8879-EO for payment instructions. For Privacy Act and Paperwork Reduction Act Notice,see instructions. Form 8668 (Rev.1-2019) JSA 8F8054 2-000 V 16-4.5F 92-5871 PAGE 1 Form 990 Return of Organization Exempt From Income Tax ©MBNn 1545.0047 18 Under section 501(c), 527, or 4947(a)(1)of the Internal Revenue Code(except private foundations) LSI) Department ofthe Treasury i Do not enter social security numbers on this form as it may be made public. r.. internal Revenue service ►Go to wwwdrs.gov,1Form990 for instructions and the latest information. A For the 2018 calendar year, or tax year beginning 2018,and ending 20 C Name of organization D Emptoyer Identification number B Cheeklraivkable KUAKINI. HIGHWAY 75-6099 CORP 46-2084372 ' rq. Doingbusiness as cnarp. ^,erne charge Number and street(or P.O.box if mail is not delivered to street address) Roomisuite E Telephone number ritwr.um 2025 PIONEER CT (650) 343-6333 R-1 r.1-1 City or town,state or province,country,and ZIP or foreign postal code 4enninered Amended SAN MATEO, CA 94403 GGrossreceipts$ 871. ret,Yn Aaw1citi- F Name and address of principal officer. VICTOR KWOK H(a)Is this a group return for Yes X No G ing subordinalw? 2025 PIONEER CT, SAN MATEO, CA 94403 H(b) Are.lr.ubordimt. i-Ideon Yes No I Tax-exempt status: 501(c)(3) x 1 5a1(c)( 2 ) (insert no.) 4947(aXI)or 527 If'No,-attach a Iisl-(see instructions) ,I website: js� N/A H(c)Group ex mptkm number K Form of organization- X Corporation Trust Association Other ■ L Yearof formation; 2 0131 M State of legal domicile, CA Summary 1 Briefly describe the organization's mission or most significant activities! FORMED TO HOLD TITLE TO CERTAIN REAL PROPERTY LOCATED AT 75-6099 KUAKINI HIGHWAY IN KAILUA KONA, HAWAII, c w if the organization discontinued its operations or disposed of more than 25%of its net assets. 2 Check this box ■ Q a 3 Number of voting members of the governing body(Part VI,line 1 a) , , , , , , , , , , , , , , , , , , , , , , , 3 3. ed 4 Number of Independent voting members of the governing body(Part Vl,line 1b), 4 3 5 Total number of Individuals employed in calendar year 2018(Part V,line 2a), , , , , , , , , , , , , , , , , , , 5 0. —' 6 Total number of volunteers(estimate If necessary) 6 0. u Q 7a Total unrelated business revenue from Part VIII,column(C),line 12 , , , , , , , , , , , , , , , , , , , , , , 7a 0 b Net unrelated business taxable income from Form 990-T,line 38 7b 0 . . . . . . . . . . . . . . . . . . . . . . . . Prior Year Current Year 8 Contributions and grants(Part VIII,line 1h), , , , , , , , , , , , , , , , , , , , , , , , , 0• 0 9 Program service revenue(Part VIII,line 2g), , , , , , , , , , , , , , , , , , , , , , , , , 0. 0- 10 Investment income(Part Vlll,column(A),lines 3,4,and 7d), , , , , , , „ , , , , , , , , , 274. 871. 11 Other revenue(Fart VIII,column(A),lines 5,6d,8c,9c,10c,and 11e).. , , , , , , . , . . . -39, 615. -39,031. 12 Total revenue-add lines 8 through 11 must equal Part VIII,column.(A),line 12 , -39,341. -38,160. 13 Grants and similar amounts paid(Part IX,column(A),lines 1-3) , , , , , , , , , . . , , , , 0. 0. 14 Benefits paid to or for members(Part IX,column(A),line 4), , , , , , , , , , , , , , , 0. 0. m 15 Salaries„other compensation,employee benefits(Part IX,column(A),lines 5-10), 0. 0. 16a Professional fundraising fees(Part IX,column(A),line 11e) , , , , , , , , , , , , , , , , , 0. 0. >t b Total fundraising expenses(Part IX,column(D),line 25)Do, 0 w 17 Other expenses(Past IX,column(A),lines 11a-11d,11f-24e) , , , . . , , , , . 0. 0. 34 18 Total expenses.Add lines 13-17(must equal Part IX,column(A),line 25) , . . , , , , , , , 0. 0. 19 Revenue less expenses.Subtract line 18 from line 12. -39,-39,341, -38,160. `o Beginning of Current Year End of Year 1! 20 Total assets(Part X,line 16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,065,760. 3,193,519. 2,2 21 Total liabilities(Part X,line 26), , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 0. 0. z' 22 Net assets or fund balances.Subtract line 21 from line 20, 3, 085,760. 3,193,519. 0 1111111111 Signature Block Under penallles of perjury. I declare that I have examined this return,including accompanying schedules and statements, and to the best of my knowledge and belief,it is true,ccrrect,and complete.Declaration of preparer(ot her than officer)is based on ell information of which preparer has any knowledge. Sign ' Signatureofofficer Date Frere � VICTOR KWOK CFO Type or print name and title PrintlType preparers name Preparers signature Date Check if PTIN Paid KELLY T GUILLAUME self-employed P01513501 Prepare' MILLER KAPLAN' ARASE LLP 95-2036255 Use Only Firm's name � Firm's ElN � Firm'saddress 10-2 EMBARCADERO CTR STH. 2280, SAN FRANCISCO, CA 94111-3916 Phone no 415-956-3600 /t May the IRS discuss this return with the preparer shown above?(see instructions), , , , x Yea No For Paperwork Reduction Act Notice,see the separate instructions. Form 990 (2018) !SA 6E1010 1.000 1600HV F173 V 18-6.8F 92-5871 PAGE 3 LOI HIGHWAY 75-6099 CORP 46-2084372 Form 990(2018) e Z Statement of Program Service Accomplishments Check if Schedule 0 contains a response or note to any line in this Part III . . . . . . . . . . . . . . . . . . . . . . . . ❑ 1 Briefly describe the organization's mission: FORMED TO HOLD TITLE TO CERTAIN REAL PROPERTY LOCATED AT 75-6099 KUAKINI HIGHWAY IN KAILUA KONA, HAWAII. 2 Did the organization undertake any significant program services during the year which were not listed on the prior Form 990 or 990-EZ?. . . . . . . . . . . . . . . . . IDYes ❑ No If"Yes,"describe these new services on Schedule Q. 3 Did the organization cease conducting, or make significant changes in how it conducts, any program services?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Yes ❑ No If"Yes, describe these changes on Schedule O. 4 Describe the organization's program service accomplishments for each of its three largest program services, as measured by expenses. Section 501(c)(3) and 501(c)(4) organizations are required to report the amount of grants and allocations to others, the total expenses,and revenue,if any,for each program service reported. 4a (Code: )(Expenses$ including grants of$ }(Revenue$ ) FORMED TO HOLD TITLE TO CERTAIN REAL PROPERTY LOCATED AT 75-6099 KUAKINI HIGHWAY IN KAILUA KONA, HAWAII. 4b (Code: }(Expenses$ including grants of$ )(Revenue$ } 4c (Cade: )(Expenses$ including grants of$ )(Revenue$ ) r 4d Other program services(Describe in Schedule Q.) (Expenses$ including grants of$ )(Revenue$ ) 4e Total program service expenses ■ JsA Form 990 (2019) SE1020 1.000 1600HV F173 V 18-6.8F 92-5871 PAGE 4 d KUAXINI HIGHWAY 75-6099 CORP 46-2084372 Form 996(2018) Page 3 Checklist of Required Schedules Yes Na �. 1 Is the organization described in section 501(c)(3) or 4947(a)(1) (other than a private foundation)? If "Yes," i complete Schedule A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 X - 2 Is the organization required to complete Schedule B,Schedule of Contributors(see instructions)? . , , , . . . . . 2 X 3 Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to candidates for public office?If"Yes,"complete Schedule C,Part 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 X 4 Section 501(c)(3) organizations. Did the organization engage in lobbying activities,or have a section 501(h) election in effect during the tax year?If"Yes,"complete Schedule C,Part 11. . . . . . . . . . . . . . . . . . . . . . 4 5 Is the organization a section 501(c)(4), 501(c)(5), or 501(c)(6) organization that receives membership dues, assessments,or similar amounts as defined in Revenue Procedure 98-19?1f"Yes,"complete Schedule C,Part III , 5 X 6 Did the organization maintain any donor advised funds or any similar funds or accounts for which donors have the right to provide advice on the distribution or 'investment of amounts in such funds or accounts? If "Yes,"complete Schedule D,Part I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 X 7 Did the organization receive or hold a conservation easement, including easements to preserve open space, the environment, historic land areas,or historic structures?If"Yes,"complete Schedule D,Part 11. . . . . . . . . 7 X 8 Did the organization maintain collections of works of art, historical treasures, or other similar assets?If"Yes," complete Schedule D, Part 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 X 9 Did the organization report an amount in Part X, line 21, for escrow or custodial account liability, serve as a custodian for amounts not listed in Part X; or provide credit counseling, debt management, credit repair, or debt negotiation services?if"Yes,"complete Schedule D,Part IV . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 X 10 Did the organization, directly or through a related organization, hold 4ssets in temporarily restricted endowments, permanent endowments, or quasi-endowments?If"Yes,"complete Schedule D,Part V. . . . . . . . 10 X 11 If the organization's answer to any of the following questions is "Yes," then complete Schedule D, Parts Vl, VII,VIII,IX,or X as applicable. a Did the organization report an amount for land, buildings, and equipment in Part X, tine 10? If "Yes," complete Schedule D,Part W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ila X to Did the organization report an amount for investments-other securities in Part X, line 12 that is 5%or more of its total assets reported in Part X line 16?If"Yes,"complete Schedule D,Part VIl . . . . . . . . . . . . . . . . . 11 b X c Did the organization report an amount for investments-program related in Part X, line 13 that is 5%or more of its total assets reported in Part X,line 16?If"Yes,"complete Schedule D,Part VRI. . . . . . . . . . . . . . . . . 11 c X d Did the organization report an amount for other assets in Part X,line 15 that is 5%or more of its total assets reported in Part X,line 16?If"Yes,"complete Schedule D, Part IX. . . . . . . . . . . . . . . . . . . . . . . . . . 11d X e Did the organization report an amount for other liabilities in Part Y,line 25? If"Yes,"complete Schedule D,Part X . . . . . . . 11 e X f Did the organization's separate or consolidated financial statements for the tax year include a footnote that addresses the organization's liability for uncertain tax positions under RN 48(ASG 740)?If"Yes,"complete Schedule D,Part . . . . . . 11 f X 12a Did the organization obtain separate, independent audited financial statements for the tax yearn' If "Yes," complete Schedule D,Parts XI and X11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12a X b Was the organization included in consolidated, independent audited financial statements for the tax year? If "Yes,"and if the organization answered"No"to line 12a, then completing Schedule D,Parts X1 and X11 is optional . 12b X 13 Is the organization a schcol described in section 170(b)(1)(A)(ii)?If"Yes,"complete Schedule E. . . . . . . . . . . 13 X 14a Did the organization maintain an office,employees, or agents outside of the United States?. . . . . . . . . . . . . 14a X b Did the organization have aggregate revenues or expenses of more than $10,000 from grantmaking, fundraising, business, investment, and program service activities outside the United States, or aggregate foreign investments valued at$100,400 or more?If"'Yes,"complete Schedule F,Parts I and 1V. . . . , . . . . . . 14b X 15 Did the organization report on Part IX,column(A), line 3, more than$5,000 of grants or other assistance to or for any foreign organization?If"Yes,"complete Schedule F,Parts 11 and IV . . . . . . . . . . . . . . . . . . . . . . 15 X 16 Did the organization report on Part IX, column (A), line 3, more than $5,000 of aggregate grants or other assistance to or for foreign individuals?If"Yes,"complete Schedule F,Parts III and IV . . . . . . . . . . . . . . 16 X 17 Did the organization report a total of more than $15,000 of expenses for professional fundraising services on Part IX,column(A),lines 6 and 11e?if"Yes,"complete Schedule G,Part/(see instructions). . . . . . . . . . . . . 17 X 18 Did the organization report more than $15,000 total of fundraising event gross income and contributions on Part VIII,lines 1 c and 8a?If"Yes,"complete Schedule G,Part II . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 X 19 Did the organization report more than $15,000 of gross income from gaming activities on Part VIII, line 9a? if"Yes,"complete Schedule G,Part 111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 X 20a Did the organization operate one or more hospital facilities?If"Yes,"complete Schedule H . . . . . 20a X U b If"Yes"to line 20a,did the organization attach a copy of its audited financial statements to this return? . . . . . . 20b 21 Did the organization report more than $5,000 of grants or other assistance to any domestic organization or domestic government on Part IX column A line 1?If"Yes"com fete Schedule t Parts 1 and It . 21 X BE1021 1.000 Farm 990(2018) 1600HV F173 V 18-6.8F 92-5871 PAGE 5 L*tI HIGHWAY 75-6099 CORP � 46-2084372 Form 990(208) Page 4 Checklist of Required Schedules continued Yes No 22 Did the organization report more than $5,004 of grants or other assistance to or for domestic individuals on Part iX,column(A),line 2?1f"Yes,"complete Schedule 1,Parts f and M . . . . . . . . . . . . . . . . . . . . . . . . 22 X 23 Did the organization answer "Yes" to Part VII, Section A, line 3, 4, or 5 about compensation of the organization's current and former officers, directors, trustees, key employees, and highest compensated employees?if"Yes,"complete Schedule J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 X 24a Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $100,000 as of the last day of the year, that was issued after December 31, 2002? If"Yes,"answer lines 24b through 24d and complete Schedule K.If No,"go to line 25a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 X b Did the organization invest any proceeds of tax-exempt bonds beyond a temporary period exception?. . . . . . . 24b c Did the organization maintain an escrow account other than a refunding escrow at any time during the year to defease any tax-exempt bonds? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24c d Did the organization act as an"on behalf of" issuer for bonds outstanding at any time during the year?. . . . . . . 24d 25a Section 501(c)(3), 501(c)(4), and 501(c)(29) organizations. Did the organization engage in an excess benefit transaction with a disqualified person during the year?if"Yes,"complete Schedule L,Part 1. . . . . . . . . . . . . 25a b Is the organization aware that it engaged in an excess benefit transaction with a disqualified person in a prior year, and that the transaction has not been reported on any of the organization's prior Forms 99D or 990-EZ? If"Yes,"complete Schedule L,Part f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25b 26 Did the organization report any amount on Part X, line 5, 6, or 22 for receivables from or payables to any current or former officers, directors, trustees, key employees, highest compensated employees, or disqualified persons?If"Yes,"complete Schedule L,Part 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 X 27 Did the organization provide a grant or other assistance to an officer, director, trustee, key employee, substantial contributor or employee thereof, a grant selection committee member, or to a 35% controlled entity or family member of any of these persons?if"Yes,"complete Schedule L,Part 111 . . . . . . . . . . . . . . . 27 X 28 Was the organization a party to a business transaction with one of the following parties (see Schedule L, Part IV instructions for applicable filing thresholds,conditions, and exceptions): a A current or former officer, director, trustee,or key employee?if"Yes,"complete Schedule L,Part IV. . . . . . . . 28a X. b A family member of a current or former officer, director, trustee, or key employee? If "Yes," complete Schedule L,Part IV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28b X c An entity of which a current or former officer, director, trustee, or key employee (or a family member thereof) was an officer,director,trustee,or direct or indirect owner?If"Yes,"complete Schedule L,Part 1V . . . . . . . . . 28c X 29 Did the organization receive more than$25,000 in non-cash contributions?if"Yes,"complete Schedule M . . . . 29 X 30 Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified conservation contributions?If"Yes,"complete Schedule M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 X 31 Did the organization liquidate, terminate,or dissolve and cease operations?If"Yes,"complete Schedule N, Part 1 31 X 32 Did the organization sell, exchange, dispose of, or transfer more than 25% of its net assets? If "Yes," complete Schedule N,Part 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 X 33 Did the organization own 140% of an entity disregarded as separate from the organization under Regulations sections 301.7701-2 and 301.7701-3? If"Yes,"complete Schedule R,Part 1. . . . . . . . . . . . . . . . . . . . . 33 X 34 Was the organization related to any tax-exempt or taxable entity? if "Yes," complete Schedule R, Part It, III, or IV,and Part V,line 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 X 35a Did the organization have a controlled entity within the meaning of section 512(b)(13)? . . . . . . . . . 35a X b If "Yes" to line 35a, did the organization receive any payment from or engage in any transaction with a. controlled entity within the meaning of section 512(b)(13)?if"Yes,"complete Schedule R,Part V,line 2 . . . . . . 35b 36 Section 501(c)(3) organizations. Did the organization make any transfers to an exempt non-charitable related organization?1f"Yes,"complete Schedule R,Part V,line 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 36 37 Did the organization conduct more than 5% of its activities through an entity that is not a related organization and that is treated as a partnership for federal income tax purposes? If"Yes,"complete Schedule R,Part VI . . . . 37 X 38 Did the organization complete Schedule O and provide explanations in Schedule O for Part VI, lines 11 b and 19?Note.All Form 990 filers are required to complete Schedule O. 38 X Statements Regarding Other IRS Filings and Tax Compliance Check If Schedule O contains a response or note to any line in this Part V. . . . . . . . . . . . . . . . . . . . . Yes No 1 a Enter the number reported in Box 3 of Form 1096. Enter-0-if not applicable . . . . . . . . . la land b Enter the number of Forms W-2G included in line 1a.Enter-0-if not applicable . . . . . . . . 1b c Did the organization comply with backup withholding rules for reportable payments to vendors reportable gaming (gambling)winnings to prize winners?. 1c JSA For1n 990(2018) S E 1030 1 000 1600HV F173 V 18-5.8F 92-5871 PAGE 6 KUAKINI HIGHWAY 75-6099 CORP 46-2084372 Form 990(2D18) Page 5 EM Statements Regarding Other IRS Filings and Tax Compliance continued Yes No �- 2a Enter the number of employees reported on Form W-3, Transmittal of Wage and Tax Statements,filed for the calendar year ending with or within the year covered by this return. 2a 0 b If at least one is reported on line 2a, did the organization file all required federal employment tax returns? 2b Note. If the sum of lines 1a and 2a is greater than 250,you may be required to e-file(see instructions). . . . . . . 3a Did the organization have unrelated business gross income of$1,000 or more during the year?. . . . . . . . . . . 3a X b If"Yes,"has it filed a Form 990-T for this year?if"No"to line 36,provide an explanation in Schedule 0 . 3b 4a At any time during the calendar year,did the organization have an interest in,or a signature or other authority over, a financial account in a foreign country(such as a bank account, securities account,or other financial account)?. . 4a x b If"Yes," enter the name of the foreign country: 0- See See instructions for filing requirements for FinCEN Form 114,Reportof Foreign Bank and Financial Accounts(FGAR). 5a Was the organization a party to a prohibited tax shelter transaction at any time during the tax year?. . . . . . . . . 5a x b Did any taxable party notify the organization that it was or is a party to a prohibited tax shelter transaction? 5b x c If"Yes"to line 5a or 5b,did the organization file Form 8886-T? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5c 6a Does the organization have annual gross receipts that are normally greater than$100,000,and did the organization solicit any contributions that were not tax deductible as charitable contributions? . . . . . . . . . . . . . . . . . . 6a x b If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sb 7 Organizations that may receive deductible contributions under section 170(c). a Did the organization receive a payment in excess of $75 made partly as a contribution and partly for goods and services provided to the payor? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7a b If"Yes,"did the organization notify the donor of the value of the goods or services provided? . . . . . . . . . . . . 71b c Did the organization sell, exchange, or otherwise dispose of tangible personal property for which it was required to file Form 8282? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 7c d If"Yes," indicate the number of Farms 8282 filed during the year . . . . . . . . . . . . . . . . Td e Did the organization receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? 7e f Did the organization,during the year,pay premiums,directly or indirectly, on a personal benefit contract? . . . . . 7f g If the organization received a contribution of qualified Intellectual property, did the organization file Form 8899 as required? 7 h If the organization received a contribution of cars,boats, airplanes,or other vehicles, did the organization file a Form 1098-C?. . 7h 8 Sponsoring organizations maintaining donor advised funds. Did a donor advised fund maintained by the sponsoring organization have excess business holdings at any time during the year?. . . . . . . . . . . . . . . . . t3 9 Sponsoring organizations maintaining donor advised funds. a Did the sponsoring organization make any taxable distributions under section 4986? . . . . . . . . . . . . . . . . 9a b Did the sponsoring organization make a distribution to a donor,donor advisor,or related person?. . . . . . . . . . 9b 10 Section 501(c)(7)organizations.Enter: a Initiation fees and capital contributions included on Part VIII, line 12 . . . . . . . . . . . . . . 10a b Gross receipts, included on Form 990, Part VIII, line 12, for public use of club facilities . . . . 10b 11 Section 501(c)(12)organizations. Enter: a Gross income from members or shareholders. . . . . . . . . . . . . . . . . . . . . . . . . . . 11a b Gross income from other sources (Do not net amounts due or paid to other sources against amounts due or received from them.). . . . . . . . . . . . . . . . . . . . . . . . . . 11 b 12a Section 4947(a)(1) non-exempt charitable trusts.Is the organization filing Form 990 in lieu of Farm 1041? 12a b If"Yes,"enter the amount of tax-exempt interest received or accrued during the year 112b 13 Section 501(c)(29) qualified nonprofit health insurance issuers. a Is the organization licensed to issue qualified health plans in more than one state?. . . . . . . . . . . . . . . . . . 13a Note.See the instructions for additional information the organization must report on Schedule❑. b Enter the amount of reserves the organization is required to maintain by the states in which the organization is Incensed to issue qualified health plans . . . . . . . . . . . . . . . . . . . . 113b c Enter the amount of reserves on hand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13c 14a Did the organization receive any payments for indoor tanning services during the tax year? . . . . . . . . . . . . . 14a X b If"'Yes,"has it filed a Form 720 to report these payments?If "No,"provide an explanation in Schedule t7 • • • . . . 14b 15 Is the organization subject to the section 4960 tax on payment(s)of more than $1,000,000 in remuneration or excess parachute payment(s)during the year? , . . , , , 15 If"Yes,"see instructions and file Form 4720, Schedule N. 16 is the organization an educational institution subject to the section 4968 excise tax on net investment income? 16 If"Yes"complete Form 4720 Schedule D. Form 990(2018) JSA 8E1040 1..000 1600HV F173 V 16-6.8F 92-5871 PAGE 7 Page Form 990(2018) A ,X NI HIGHWAY 75-6099 CORP 46-2084372 6 Governance, Management, and Disclosure For each "Yes" response to lines 2 through 7b below, and for a "filo" response to fine 8a, 8b, or 10b below, describe the circumstances, processes, or changes in Schedule O. See instructions. Check if Schedule 0 contains a response or note to any line in this Part Vi , Section A. Governing Body and Management Yes No la Enter the number of voting members of the governing body at the end of the taxyear . . . 1 a If there are material differences in voting rights among members of the governing body, or if the governing body delegated broad authority to an executive committee or similar committee,explain in Schedule 0 b Enter the number of voting members included in line 1a, above,who are independent . . . 1b 2 Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other officer,director,trustee,or key employee?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 X 3 Did the organization delegate control over management duties customarily performed by or under the direct supervision of officers,directors,or trustees,or key employees to a management company or other person? . . 3 x 4 Did the organization make any significant changes to its governing documents since the prior Form 990 was filed?. . . . 4 X 5 Did the organization became aware during the year of a significant diversion of the organization's assets?. . . . 5 X 6 Did the organization have members or stockholders? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 X 7a Did the organization have members, stockholders, or other persons who had the power to elect or appoint one or more members of the governing body? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7a X b Are any governance decisions of the organization reserved to (or subject to approval by) members,. stockholders,or persons other than the governing body? . . 7b X 8 Did the organization contemporaneously document the meetings held or written actions undertaken during the year by the following: a The governing body?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8a X b Each committee with authority to act on behalf of the governing body? . . . . . . . . . . . . . . . . . . . . . . 8b X 9 Is there any officer, director, trustee, or key employee fisted in Part VVI, Section A, who cannot be reached at the organization's mailing address? If"Yes,"provide the names and addresses in Schedule© . . 9 X Section B. Policies This Section B requests information about policies not required by the Internal Revenue Code. Yes No 110a Did the organization have local chapters,branches,or affiliates? . . . . . . . . . . . . . . . . . . . . . . . . . . 10a x b If "Yes," did the organization have written policies and procedures governing the activities of such chapters, affiliates,and branches to ensure their operations are consistent with the organization's exempt purposes?. . . lob 11 a Has the organization provided a complete copy of this Form 990 to all members of its governing body before filing the form? . 1 a X b Describe in Schedule O the process, if any, used by the organization to review this Form 990. 12a Did the organization have a written conflict of interest policy?If"No,"go to line 13 . . . . . . . . . . . . . . 12a X b Were officers, directors, or trustees, and key employees required to disclose annually interests that could give rise to conflicts? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12b X c Did the organization regularly and consistently monitor and enforce compliance with the policy? If "Yes," describe in Schedule 0 how this was done . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12c X 13 Did the organization have a written whistleblower policy?. . . 13 X . . . . . . . . . . . . . . . . . . . . . . . . . 14 Did the organization have a written document retention and destruction policy?. . . . . . . . . . . . . . . . . . 14 X 15 Did the process for determining compensation of the following persons include a review and approval by independent persons,comparability data,and contemporaneous substantiation of the deliberation and decision? a The organization's CEO, Executive Director,or top management official . . . . . . . . . . . . . . . . . . . . . . 15a b Other officers or key employees of the organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151b if"Yes"to line 15a or 15b, describe the process in Schedule O(see instructions). ilia Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a taxable entity during the year?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16a. X b If "Yes," did the organization follow a written policy or procedure requiring the organization to evaluate its participation in joint venture arrangements under applicable federal tax law, and take steps to safeguard the organization's exempt status with respect to such arrangements? 16h Section C. Disclosure 17 List the states with which a copy of this Form 990 is required to be filed Do- 1 1 B Section 6104 requires an organization to make its Forms 1023 (1024 or 1024-A if applicable), 990, and 990-T(Section 501(c) 3 s only)available forublic inspection. Indicate how you made these available.Check all that apply. } Own website Another's website 0 Upon request ❑ Other(explain in Schedule O) 19 Describe in Schedule O whether (and if so, how) the organization made its governing documents, conflict of interest policy, and financial statements available to the QQ public during the tax year. 20 State A INVESTMENT e name R address and teleIphoneONEER number AN Mof theTEO, person who possesses the or nization's books and records ■ 0-343 331 Form 990(2 018) JSA BE 1042 1 000 1600HV F173 V 18-6.8F 92-5871 PAGE 8 Form 990(2018) KUAKINI HIGHWAY 75-6099 CORP `" 46-2084372 page 7 23 Compensation of Officers, Directors, Trustees, Key Employees, Highest Compensated Employees, and Independent Contractors Check if Schedule D contains a response or nate to any line in this Part VII . . . . . . . Section A. Officers, Directors, Trustees, Key Employees,and Highest Compensated Employees 1a Complete this table for all persons required to be listed. Report compensation for the calendar year ending with or within the organization's tax year. e List all of the organization's current officers, directors, trustees (whether individuals or organizations), regardless of amount of compensation. Enter-0-in columns(D),(E),and(F)if no compensation was paid. e List all of the organization's current key employees, if any. See instructions for definition of"key employee." e List the organization's five current highest compensated employees (other than an officer, director, trustee, or key employee) who received reportable compensation (Box 5 of Form W-2 and/or Box 7 of Form 1099-MISC) of more than $100,000 from the organization and any related organizations. e List all of the organization's former officers, key employees, and highest compensated employees who received more than $100,000 of reportable compensation from the organization and any related organizations. e List all of the organization's former directors or trustees that received, in the capacity as a former director or trustee of the organization,more than$10,000 of reportable compensation from the organization and any related organizations. List persons in the following order, individual trustees or directors; institutional trustees; officers; key employees; highest compensated employees,and former such persons. ❑X Check this box if neither the organization nor any related organization compensated any current officer,director,or trustee. (c) (A) ;6) Posillon [D) (E) [F) Name and Title Average (do not check more than one Reportable Reportable Estimated hours per box,unless person is both an compensalion compensation from amount of week(list any officer and a dlrectorltnrstee) from related other hours for ° > > m = -n the organizations compensation relateda an 0 CDc organization (W-211099-MISC) from the organizations 5 �° (W-211099-MISC) organtzation below dotted a° a '� o and related line) N a organizations m m � m a 1 BYRON M. FOX 1.00 DIRECTOR 0. X 0. 0. 0. 2 GARRY J. SPANNER 1.00 PRESIDENT/CHAIRMM/CFO 0. X X 0. 0. 0. ERIK ST. CHARLES 1.00 SECRETARY 0. X X 0. 0. 0. (4)ROBERT T. PERKINS 1.00 EXECUTIVE VICE PRESIDENT 0. X X 0. 0. 0. 5 8 7 8 9 (10 11) i2) 13 14 JSA Form 890(2018) 8E1045 t 000 1600HV F173 V 18-6.8F 92-5871 PAGE 9 KU.KKINI HIGHWAY 75-6099 CORP 46-2084372 Form 990 tzar 8) Page 8 Section K Officers, Directors,Trustees, Key Employees, and Hi hest Cam ensated Employees continued (A) (B) (C) (a) (E) (F) Name and title Average Position Reportable Reportable Estimated hours per ido not check more than one compensation compensation from amount of week(list any box,unless person is both an from related other hours for officer and a directorltrustee) compensation the organizations com p related ° n y 0 30. organization (W-211099-MISC) from the organizations 0 a m o m m (W-211098-MISC) organization below dolled C E. and related line) m c organizations lT Q ------------------------------------------- ------------------------------------------- ------------------------------------------- ------------------------------------------- ------------------------------------------- lb sub-total ■ 0. 0.1 0. c Total from continuation sheets to Part VII, section A . . . . . . . . . . . . . ■ 0. o.1 0 d Total add lines 1b and 1c . . . . . . . . . . . . . . . . . . . . . . . . . . . . ► a. o. 0. 2 Total number of individuals(including but not limited to those listed above)who received more than$100,000 of reportable compensation from the organization ■ 0. Yes No 3 Did the organization list any former officer, director, or trustee, key employee, or highest compensated employee on line la?If"Yes,"complete Schedule J for such individual . . . . . . . . . . . . . . . . . . . . . . . . . . 3 X 7F_% 4 For any individual listed on line la, is the sum of reportable compensation and other compensation from the organization and related organizations greater than $150,000? It "Yes," complete Schedule J for such individual. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 X 5 Did any person listed on line 1a receive or accrue compensation from any unrelated organization or individual for services rendered to the organization?If"Yes,"com fete Schedule J for such person 5 X Section B.Independent Contractors 1 Complete this table for your five highest compensated independent contractors that received more than $100,0300 of compensation from the organization. Report compensation for the calendar year ending with or within the organization's tax year. (A) (B) (c) Name and business address Description of services Compensation EDWARD L. DONG, PO BOX 1127, ROSS, CA 94957 DEVELOPMENT CONSULT 120, 000. 2 Total number of independent contractors (including but not limited to those listed above) who received ' more than$100,000 in compensation from the organization ■ 1 JSA Form 990 (2018) BE foss+-arca 1600HV F173 V 18-6.8F 92-5871 PAGE 10 Form 999(2018) KUAKINI HIGHWAY 75-6099 CORP `" 46-2084372 Page 9 Statement of Revenue Check if Schedule O contains a response or note to any line in this Part Vlll . . . . . . . . . . . . . . . . . . . . . . . .� (At (B) (c) (o) Total revenue Related or Unrelated Revenue exempt business excluded from tax _. function revenue under sections revenue 512-514 c 1a Federated campaigns . . . . . . . . 1a Eb Membership dues. . . . . . . . . . 1 b a c Fundraising events . . . . . . . . . 1 c t7 A d Related organizatlons . . . . . . . . 1 d cy a Government grants(contributions). 1 e `m :] f All other contributions, gifts, grants, j and similar amounts not included above If a g Noncash contributions Included in lines 1a-11'$ _.._ h Total.Add lines 1 a-1f . ■ ❑. Business Code c — m y 2a w b U c N d m B o If All other program service revenue . rig Total.Add lines 2a-2f . ■ 0- 3 Investment income (including dividends, interest, and other similar amounts). . . . . . . . . . . . . . . . ■ a71. 871. 4 Income from investment of tax-exempt bond proceeds . ■ 0• 5 Royalties . . . . . . . . ^ 10. a D. (i)Real (ii)personal 6a Gross rents . . . . . . . . 0 b Less-rental expenses 39,031. c Rental income or(loss) -39,031- d Net rental income or(loss). . ■ -39.031 -39,031 7a Gross amount from sales of (i)securities (ii)Other assets other than Inventory b Less:cost or other basis and sales expenses . . . . c Gain or(loss) . . . . . . . d Net gain or(loss) . . . . . . . . . . . . . ■ 0 3 $a Gross income from fundraising c events(not including$ m i m of contributions reported on line 1c). o: d See Part IV,line 18 . . . . . . . . . . . a a co. p b Less..direct expenses b C Net income or(loss)from fundraising events . ■ 0- 9a Gross income from gaming activities. See Part IV,line 19 . . . . . . . . . . a 0 b Less direct expenses . . . . . . . . . . b 0 c Net income or (loss)from gaming activities. . . ■ o. 10a Gross sales of inventory, less returns and allowances . . . . . . . . . a 0 b Less cost of goods sold . . . . . . . . . b p c Net income or(loss)from sales of inventory. , ■ o. Miscellaneous Revenue Business Code 11a b c d All other revenue . . . . . . . . . . . . . e Total.Add lines 11 a-1 td . . . . . . . . . . . . . . . . ■ 0 12 Total revenue.See instructions. . 3e.160 39,031. 871. JSA Form 990(2018) 6E1051 7.006 1600HV F173 V 18-6.8F 92-5871 PAGE 11 �1ICINI HIGHWAY 75-6099 CORP 46-2084372 P 0h Form 990(2018) Page 1 FURIN Statement of Functional Expenses Section 501(c)(3)and 501(c)(4)organizations must complete all columns.all other organizations must complete column(A). Check if Schedule 0 contains a response or note to any line in this Part 1X , Do notlnctude anmunts reported on lines 6b, 7'b, (A) (B) (G . ) (d) Total expenses Program service Management and Fundraising 8b,96,and 10b of Fart Vlll• expenses genecal expenses expenses 1 Grants and other assistance to domestic organizations and domestic governments.See Part IV,line 21 . . . . 0• 2 Grants and other assistance to domestic individuals.See Part IV,line 22 . . . . . . . . . 0 3 Grants and other assistance to foreign organizations, foreign governments,and foreign individuals See Part 1V,lines 15 and 16, , , , , 0• 4 Benefits paid to or for members, • , , • • , • 0 5 Compensation of current officers, directors, trustees,and key employees , • , . , , . , . . 0. 501(c)(2)organization electro i not to 6 Compensation not Included above, to disqualified complete columns(B),(C)an I(D). persons (as defined under section 4958(fX1)) arks persons described In sectlon 4958(c)(3)(B). . • . . . 0. 7 Other salaries and wages, , , • • , , , • , , , 0. 8 Pension plan accruals and contributions(include section 401(k)and 403(b)employer contributions) 0 9 Other employee benefits . . . . . . . . . . . 0 16 Payroll taxes . . . . . . . . . . . . . . . . . . 0 11 Fees for services(non-employees) a Management . . . . . . • . . . . . . . . . . 0. bLegal . . . . . . . . . . . . . . . . . . . 0. C Accounting . . . 0. d Lobbying . . . . . . . . . . . . . . . . . . . 0. e Professional fundraising services. See Part IV,line 17, 0• f Investment management fees 0 9 Other. (If line 11g amount exceeds 10% of line 25, column (A)amount,list Pine 11g expenses on Schedule 0.). . . . 0' 12 Advertising and promotion • , . . , , , , , , , 0 13 Office expenses . . . . . . . . . . . . . . . . 0. 14 Information technology. . . . . . . . . . . . . 0. 15 Royalties. . . . . . . . . . . . . . . . . . . . 0. 16 Occupancy . . . . . . . . . . . . . . . . . . 17 Travel 0• 18 Payments of travel or entertainment expenses for any federal, state, or local! public officials 0. 19 Conferences,conventions,and meetings • • , , D. 20 Interest , • , • , , , • • , • , , , , , , , , , 0 21 Payments to affiliates. . . . . . . . . . . . . . 0• 22 Depreciation,depletion,and amortization • • • , 0 23 Insurance • , • , • , • • • • , , , , , , , , , 0. 24 Other expenses- Itemize expenses not covered above (List miscellaneous expenses in line 24e. If line 24e amount exceeds 10% of line 25, column (A) amount, list line 24e expenses on Schedule O) a b c d e All other expenses 25 Total functional expenses. Add Imes 1 throeh 24e 0. 26 Joint costs. Complete this line only if the organization reported in column (B)joint costs from a combined educational campaign_ and fundraising solicitation,Check here p if following SOP 98-2(ASC 958-720) • 0.1 JSA Form 990 (2018) 8E.10 52 1.d09 1600HV F173 V 18-6.8F 92-5871. PAGES 12 ........... KUAKIt+f2 HIGHWAY 75-6099 CORP 46-2084372 Form 990(2018) Page 17 Balance Sheet Check if Schedule Q contains a response or note to any line in this Part X . . . . . . . . . . . . . . . . . . . . (A) (a) Beginning of year End of year 1 Cash-non-interest-bearing 0. 1 0. 2 Savings and temporary cash investments , , , , , , , , , , , , , , , , , , , 85,716. 2 18j482. 3 Pledges and grants receivable,net , , , , , , , , , , , , , , , , , , , , , , , 0. 3 0. 4 Accounts receivable,net , , , , , , , , , , , , , , , , , , , , , , , , , 44. 4 37. 5 Loans and other receivables from current and former officers, directors, trustees, key employees, and highest compensated employees. Complete Part II of Schedule L 0. 5 0. 6 Loans and other receivables from other disqualified persons(as defined under section 4958(f)(1)), persons described in section 4958(c)(3)(13), and contributing employers and sponsoring organizations of section 501(c)(9)voluntary employees' beneficiary organizations(see instructions).Complete Part II of Schedule L . . 0• 6 0. m 7 Notes and loans receivable,net 0. 7 0. 8 Inventories for sale or use 0. 8 0. 9 Prepaid expenses and deferred charges . . . . . . . . . . . . . . . . 0• 9 0 10a Land, buildings, and equipment:cost or other basis.Complete Part VI of Schedule D109 3,175,000. b Less:accumulated depreciation. . . . . . . . . . 10b 3,000,000. 10c 3,175,000. 11 Investments-publicly traded securities . . , 0. 11 0. 12 Investments-other securities.See Part IV,line 11 , , , , , , , , , , , , , , , 0. 12 0 13 Investments-program-related,See Part IV,line 11 , , , , , , , , , , , , , , 0• 13 0• 14 Intangible assets 0• 14 0 15 Other assets.See Part IV,line 11 . . . . . . . . . . . . . . . . . . . . . . . . 0. 15 0. 16 Total assets.Add lines 1 through 15 must equal line 34 3,085,760. 16 3,193, 519. 17 Accounts payable and accrued expenses, , , , , , , , , , , , , , , , , , , , 0. 17 0. 18 Grants payable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0. 18 0. 19 Deferred revenue . . . . . . . . . . . . . . . 0. 19 0. 20 Tax-exempt bond liabilities . . . . . . . . . . . . . . . . . . . . . . . . . 0• 20 0. 21 Escrow or custodial account liability. Complete Part N of Schedule D . . , , 0• 21 0. P 22 Loans and other payables to current and former officers, directors, trustees, key employees, highest compensated employees, and disqualified persons.Complete Part II of Schedule L, , , , , , , , , , , , , , 0. 22 0. :3 23 Secured mortgages and notes payable to unrelated third parties , , , , , , , 0. 23 0. 24 Unsecured notes and loans payable to unrelated third parties, , , , , , , , , 0. 24 0, 25 Other liabilities (including federal income tax, payables to related third parties, and other liabilities not included on lines 17-24). Complete Part X of Schedule D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0. 25 0. 26 Total liabilities.Add lines 17 through 25. . . . . . . . . . . . . . . . . . . . 0. 26 0. Organizations that follow SFAS 117(ASC 958), check here ■ and complete lines 27 through 29,and lines 33 and 34. U ro 27 Unrestricted net assets . . . . . . 27 Cm 28 Temporarily restricted net assets 28 [ 29 Permanently restricted net assets, , , , , , , , , , , , , , , , , , , 29 w Organizations that do not follow SFAS 117(ASC 958),check here ► 0 and o complete lines 30 through 34. 30 Capital stock or trust principal, or current funds 2,203,018. 30 2,203,018. 31 Paid-in or capital surplus,or land, budding, or equipment fund 882,742. 31 982,742. 32 Retained earnings, endowment, accumulated income,or other funds . _ . . 0. 32 7,759. Z 33 Total net assets or Fund balances 3,085,760. 33 3,193,519. 34 Total liabilities and net assets/Fund balances, 3,085,760. 34 3,193,519. Form 990 (2018) JSA SE1053 1.000 1600HV F173 V 16-6.8F 92-5871 PAGE 13 KLK'INI HIGHWAY 75-6099 CORP 46-2064372 Form 990(20 18) Page 12 CM Reconciliation of Net Assets Check if Schedule 0 contains a response or note to any line in this Part X1. . . . . . . . . . . . . . . . . . . . L I I Total revenue(must equal Part Vill,column(A),line 12) . . . . . . . . . . . . . . . . . . . . . . . 1 -38,160, 2 Total expenses (must equal Part IX,column(A),line 25) . . . . . . . . . . . . . . . . . . . . . . . 2 0. 3 Revenue less expenses. Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 3 -38,160. 4 Net assets or fund balances at beginning of year (must equal Part X, tine 33,column(A)) . . . . . 4 3,085,760. 5 Net unrealized gains (losses)on investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 45,919. 6 Donated services and use of facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 0. 7 Investment expenses . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . --L- 0. 8 Prior period adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 0. 9 Other changes in net assets or fund balances(explain in Schedule 0) . . . ' ' ' ' . . * . .line -2— 100,000. 10 Net assets or fund balances at end of year. Combine lines 3 through 9 (must equal Part X, 33, column(B)) . . . . . . . . . . I . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 10 3,193,519. FUR M. Financial Statements and Reporting Check if Schedule 0 contains a response or note to any line in this Part X11 . . . . . . . . . . . . . . . . . . . F� Yes No I Accounting method used to prepare the Form 990:E] cash 'X Accrual E] Other If the organization changed its method of accounting from a prior year of checked "Other," explain in Schedule O. 2a Were the organization's financial statements compiled or reviewed by an independent accountant?. . . . . . . 2a X If "Yes," check a box below to indicate whether the financial statements for the year were compiled or reviewed on a separate basis,consolidated basis,or both: E Separate basis F] Consolidated basis E Both consolidated and separate basis b Were the organization's financial statements audited by an independent accountant? . . . . . . . . . . . . . 2b X If 'Yes," check a box below to indicate whether the financial statements for the year were audited on a separate basis,consolidated basis,or both: 0 Separate basis El Consolidated basis ❑ Both consolidated and separate basis c If"Yes" to line 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the audit, review, or compilation of its financial statements and selection of an independent accountant? 2c X If the organization changed either its oversight process or selection process during the tax year, explain in Schedule O. 3a As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Single Audit Act and OMB Circular A-133? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3a b If 'Yes," did the organization undergo the required audit or audits? If the organization did not undergo the reg u[red audit or audits,explain why in Schedule 0 and describe an steps taken to undergo such audits. 3b Form 990(2018) JSA SE1054 1 000 1600HV F173 V 18-6.8F 92-5871 PAGE 14 SCHEDULE D Supplemental f=inancial Statements Oona No 1545-0047 (Form 990) ■Complete if the organization answered"Yes"on Form 990, 27 018 Part IV, line 6,7,8,9, 10, 11a, 11b, 11c, 11d, 11e, 1tf,12a,or 12b. �L�f Department of the Treasury ■Attach to Form 990. ■ . a . Internal Revenue Service ■Go to www,Irs.gov1Form990 for Instructions and the latest information. Name of the organization Employer identification number AUAKINI HIGHWAY 75-6099 CORP 46-2084372 JLiUM Organizations Maintaining Donor Advised Funds or Other Similar Funds or Accounts. Complete if the organization answered"Yes"on Form 990, Part IV, line 6. (a)Donor advised funds (b)Funds and other accounts 1 Total number at end of year . . . . . . . . 2 Aggregate value of contributions to(during year) 3 Aggregate value of grants from (during year) . . 4 Aggregate value at end of year, , , . . . , . . , 5 Did the organization inform all donors and donor advisors in writing that the assets held in donor advised funds are the organization's property,subject to the organization's exclusive legal control? . . . . . . . . . . . ❑ Yes ❑ No 6 Did the organization inform all grantees, donors, and donor advisors in writing that grant funds can be used only for charitable purposes and not for the benefit of the donor or donor advisor, or for any other purpose conferring impermissible private benefit? ❑ Yes ❑ No Conservation Easements. Complete if the organization answered "Yes"on Form 990,Part IV, line 7. 1 Pur ose(s)of conservation easements held by the organization(check all that apply). Preservation of land for public use (e.g.,recreation or education) Preservation of a historically important land area Protection of natural habitat Preservation of a certified historic structure Preservation of open space 2 Complete lines 2a through 2d if the organization held a qualified conservation contribution in the form of a conservation easement on the last day of the tax year. Held at the End of the Tax Year a Total number of conservation easements . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a b Total acreage restricted by conservation easements . . . . . . . . . . . . . . . . . . . . . 2b c Number of conservation easements on a certified historic structure included in(a). . . . . 2c d Number of conservation easements included in (e) acquired after 7125106, and not on a historic structure listed in the National Register. . . . . . . . . . . . . . . . . . . . . . 2d 3 Number of conservation easements modified, transferred, released, extinguished, or terminated by the organization during the tax year ■ 4 Number of states where property subject to conservation easement is located ■ 5 Does the organization have a written policy regarding the periodic monitoring, inspection, handling of violations,and enforcement of the conservation easements it holds? . . . . . . . . . . . . . . . . . . . . . . ❑ Yes ❑ No 6 Staff and volunteer hours devoted to monitoring, inspecting, handling of violations, and enforcing conservation easements during the year 1110. 7 Amount of expenses incurred in monitoring,inspecting,handling of violations,and enforcing conservation easements during the year ■$ 8 Does each conservation easement reported on line 2(d)above satisfy the requirements of section 170(h)(4)(B)(i) and section 170(h)(4)(13)(ii)? , , , _ . , . • , , , , ❑ Yes ❑ Na 9 In Part XIII, describe how the organization reports conservation easements in Its revenue and expense statement,and balance sheet, and Include, if applicable, the text of the footnote to the organization's financial statements that describes the organization's accounting for conservation easements. Organizations Maintaining Collections of Art, Historical Treasures,or Other Similar Assets. Complete if the organization answered"Yes"on Form 990, Part IV, line 8. 1a If the organization elected, as permitted under SFAS 116 (ASC 958), not to report in its revenue statement and balance sheet works n art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service,provide,in Part XIII,the text of the footnote to its financial statements that describes these items. b If the organization elected, as permitted under SFAS 116 (ASC 958), to report In its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service,provide the following amounts relating to these items: (i) Revenue included on Form 990, Part VIII,line 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ■ $ (ii) Assets Included in Form 990, Part X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ■ $ 2 If the organization received or held works of art, historical treasures, or other similar assets for financial gain, provide the following amounts required to be reported under SFAS 116 (ASC 958) relating to these items: t a Revenue included on Form 990, Part VIII,line 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ■ $ b Assets included in Form 990,Part X. ■ $ For Paperwork Reduction Act Notice,see the Instructions for Form 990. Schedule D(Form 990)1 2018 JSA. BE1265 1.NQ 1600HV F173 V 18-6.8F 92-5871 PAGE 1s 1. XUAKINI HIGHWAY 75-6099 CORP 46-2084372 Schedule D(Form 990)2018 Page Z Organizations Maintaining Collections of Art,Historical Treasures, or Other Similar Assets(continued) 3 Using the organization's acquisition, accession, and other records, check any of the following that are a significant use of its r 4 collection items(check all that apply): a Public exhibition d E Loan or exchange programs b Scholarly research a other C Preservation for future generations 4 Provide a description of the organization's collections and explain how they further the organization's exempt purpose in Part XIII. 5 During the year,did the organization solicit or receive donations of art, historical treasures,or other similar assets to be sold to raise funds rather than to be maintained as part of the organization's collection? Yes No Escrow and Custodial Arrangements. Complete if the organization answered "Yes"on Form 990, Part 1V,line 9,or reported an amount on Form 990, Part X, line 21. 1 a Is the organization an agent, trustee, custodian or other intermediary for contributions or other assets not included on Form 990,Part X?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No b If"Yes,"explain the arrangement in Part XIII and complete the following table: Amount c Beginning balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . is d Additions during the year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1d e Distributions during the year . . . . . . . . . . . . . . . . . . . . . . . . . 1e f Ending balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . if 2a Did the organization include an amount an Form 990, Part X, line 21, for escrow or custodial account liability? Yes No b If"Yes,"explain the arrangement in Part XIII. Check here if the explanation has been provided on Part Xlil . JMMW Endowment Funds. Complete if the organization answered"Yes"on Form 990, Part IV, line 10. (a)Current year (b)Prior year (c)Two years back (d)Three years back (e)Four years back la Beginning of year balance . . . . b Contributions . . . . . . . . . . . c Net investment earnings,gains, and tosses. . . . . . . . . . . . d Grants or scholarships . . . . . . e Other expenditures for facilities and programs . . . . . . . . . . . f Administrative expenses . . . . . g End of year balance. . . . . . . . 2 Provide the estimated percentage of the current year end balance(line 1 g,column(a))held as: a Board designated or quasi-endowment ■ % b Permanent endowment ■ % c Temporarily restricted endowment ■ % The percentages on lines 2a, 2b,and 2c should equal 100%. 3a Are there endowment funds not in the possession of the organization that are held and administered for the organization by: Yes No (i) unrelated organizations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3a(i) (ii)related organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3a(ii) b If"Yes"on line 3a(ii), are the related organizations listed as required on Schedule R?. . . . . . . . . . . . . . . . 3b 4 Describe in Part XIII the intended uses of the cr anization's endowment funds. Land, Buildings,and Equipment. Complete if ttie organization answered"Yes"on Form 990,Part IV line 11 a. See Form 990, Part.X, line 10. Description of property (a) Cost or other basis (b) Cos(or other basis (c) Accumulated (d) Book value (investment) (other) depreciation 1a Land. . . . . . . . . . . . . . . . . . . . . 3,175,000. 3,175, 000. b Buildings . . . . . . . . . . . . . . . . . . c Leasehold improvements. . . . . . . . . . d Equipment. . . . . . . . . . . . . . . . . . e Other Total.Add lines 1 a throw h 1 e. Column(d)must equal Form 990, Part X,column B,fine 10c. , ► 3,175,000. Schedule a(Form 990)2018 JSA eE1269 t.oao 1600HV F173 V 19-6.8F 92-5871 PAGE 16 KUAKINI HIGHWAY 75-6099 CORP 46-2084372 Schedule D(Form 990)2018 Page 3 Investments-Other Securities. Complete if the organization answered "Yes"on Form 990, Part IV,fine 11b. See Form 990, Part X, line 12. (a)Description of security or category (b)Book value (c)Method of valuation: 1' (including name of security) Cast or end-of-year market value (1) Financial derivatives . , . . . . , , , (2) Closely-held equity interests , , , , , , , , , , , , , (3) Other (A) {B} (C) (d) (E) (F) (G) (H) Total.(Column(b)must equal Form 990,Part X,col.(8)line f2-) ■ Investments- Program Related. Complete if the organization answered"Yes"on Form 990, Part IV, line 11c.See Form 990, Part X, Ione 13. (a) Description of investment (b) Book value (c) Method of valuation Cost or end-of-year market value 1 (3) (4) 5 s (7) a 9 Total.(Column(b)must equal Form 990,Part X,col.(B)erne 13-) ■ Other Assets. Complete if the organization answered "Yes"on Form 990, Part IV, fine 11d. See Form 990, Part X, line 15, (a)Description (b)Book value (3) (4) (5) _(6) — 7 8 9 Total. (Column (b)must equal Form 990,part X,cal. (B)fine 15.), Other Liabilities. Complete if the organization answered "Yes"on Form 990, Part IV, line 1l or 11f. See Form 990, Part X, line 25. 9. (a) Description of liability (b) Book value (1) Federal income taxes (2) (3) (4) (5) (6) (7) {9} UTotal.(Column(b)must equal Form 990, Part X,cal- (B)line 25.) ■ 2.Liability for uncertain tax positions In Part XIII,provide the text of the footnote to the organization's financial statements that reports the organization's liability for uncertain tax positions under FIM 48 (ASC 740). Check here if the text of the footnote has been provided in Fart XIII FRI JSA 0KUM 1 000 Schedule 0(Form 990)2018 1600HV F173 V 18-6.8F 92-5871 PAGE 17 K'u"KINI HIGHWAY 75-6699 CORP 46-2084372 Schedule D(Form 990)2018 Page 4 GIMN—R—econcillation of Revenue per Audited Financial Statements With Revenue per Return. Complete if the organization answered"Yes"on Form 990, Part.IV,line 12a. i 1 Total revenue, gains, and other support per audited financial statements . . . . . . . 1 2 Amounts included on line 1 but not on Form 990, Part VIII, line 12: a Net unrealized gains(losses)on investments . . . . . . . . . . . . . . . . . . 2a b Donated services and use of facilities . . . . . . . . . . . . . . . . . . . . . . 2b c Recoveries of prior year grants. . . . . . . . . . . . . . . . . . . . . . . . . . 2c d Other(Describe in Part XIII.) . . . . . . . . . . . . . . . . . . . . . . . . . . . 2d e Add lines 2a through 2d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2e 3 Subtract line 2e from line 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amounts included on Form 990, Part Vlll, line 12, but not on line 1: a Investment expenses not included on Form 990, Part Vlll,line 7b. . . . . . . 4a b other(Describe in Part X111) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4b c Add lines 4a and 4b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4c 5 Total revenue. Add lines 3 and 4c. This must equal Form 990 Part I fine 12. . . . . . . . . . . . . . . 5 Reconciliation of Expenses per Audited Financial Statements With Expenses per Return. Complete if the organization answered"Yes"on Form 990, Part IV, line 12a. 1 Total expenses and losses per audited financial statements . . . . . . . . . . . . . . . . . . . . . 1 2 Amounts included on line 1 but not on Form 994, Part IX, line 25: a Donated services and use of facilities . . . . . . . . . . . . . . . . . . . . . . 2a b Prior year adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2b c Other losses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2c d Other(Describe in Part XIII_) . . . . . . . . . . . . . . . . . . . . . . . . . 2d e Add lines 2a through 2d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2e 3 Subtract line 2e from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amounts included on Form 990, Part IX, line 25, but not on line 1: a Investment expenses not included on Form 990, Part VIII,line 71b. . . . . . . 4a b Other(Describe in Part XIIL) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4b c Add lines 4a and 4b . . . . . . . . . . . . . . . . . . . . . . . . . . 4c 5 Total expenses.Add lines 3 and 4c. This must a ua!Farm 990 Part f Fine 98. 5 SuoolementalInformation. Provide the descriptions required for Part ll, lines 3, 5, and 9; Part 111, lines 1a and 4; Part IV,lines 1b and 2b; Part V,line 4;Part X,line 2; Part XI, lines 2d and 4b;and Part XI 1, lines 2d and 4b. Also complete this part to provide any additional information. SEE PAGE 5 i �u 1 SSA Schedule D(Form 990)2018 SE1271 1 006 1600HV F'173 V 15-6.8F 92-5871 PAGE 18 '1 .............. Schedule D(Form 990)2018 KUAKINIIHIGHWAY 75--6099 CORP 46-2084372 Pages ORM M. Supplemental Information(continued) PART X, LINE 2: ACCOUNTING PRINCIPLES GENERALLY ACCEPTED IN THE UNITED STATES OF AMERICA -1 REQUIRE MANAGEMENT TO EVALUATE TAX POSITIONS TAKEN BY THE CORPORATION AND RECOGNIZE A TAX LIABILITY IF THE CORPORATION HAS TAKEN A TAX POSITION THAT MORE LIKELY THAN NOT WOULD NOT BE SUSTAINER UPON EXAMINATION BY A TAX AUTHORITY_ THE CORPORATION IS SUBJECT TO ROUTINE AUDITS BY TAXING JURISDICTIONS; HOWEVER, THERE ARE CURRENTLY NO AUDITS FOR ANY TAX PERIODS IN PROGRESS. Schedule o(Form 990)2018 JSA S E 1228 1 000 1600HV F173 V 18-6.8F 92-5871 PAGE 19 SCHEDULE D Supplemental Information to Form 990 or 990-EZ OMB No.1545-0047 (Form 990 or 990-EZ) Complete to provide information far responses to specific questions on O� Form 990 or 990-EZ or to provide any additional information- ►Attach to Form 990 or 990-EZ. C7a artmsnt of the Treasury Internal Revenue Service Information about Schedule 0 IForm 990 or 990-EZ}and Its instructions is at www.irs.gov/form994. Name of the organization Employer identification number KUAKINI HIGHWAY 75-6099 CORP 46-2084372 PART IV, LINES 28 {A-C} : KUAKINI HIGHWAY 75-6099 CORP IS WHOLLY OWNED BY THE CONSTRUCTION LABORERS PENSION PLAN WHICH PAYS TDA INVESTMENT GROUP INC. , AN UNRELATED ORGANIZATION, PURSUANT TO A THIRD-PARTY MANAGEMENT SERVICES CONTRACT. UNDER THE MANAGEMENT CONTRACT, TDA INVESTMENT GROUP INC. PROVIDES THE OFFICERS AND DIRECTORS OF KUAKINI HIGHWAY 75-6099 CORP. THESE SERVICES ARE PROVIDED WITHOUT CHARGE TO THE FILING ORGANIZATION AND DO NOT APPEAR TO BE SUBJECT TO REPORTING PURSUANT TO THE INSTRUCTIONS FOR LINE 28 OF FORM 990 AND THE INSTRUCTIONS FOR SCHEDULE L OF FORM 990. PART VI, LINE 2: GARRY J. SPANNER AND BYRON M. FOX - BUSINESS RELATIONSHIP GARRY J. SPANNER AND ERIK ST. CHARLES - BUSINESS RELATIONSHIP GARRY J. SPANNER AND ROBERT T. PERKINS - BUSINESS RELATIONSHIP For Privacy Act and Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ. Schedule 0(Form 990 or 990-EZ)(2018) JSA BE1227 1 000 1600HV F173 V 18-6.8F 92-5871 PAGE 20 Schedule 0(Form 990 or 990-EZ)2018 Page 2 Name of the organization Employer identification number KUAKINI HIGHWAY 75-6099 CORP 46-2084372 1 PART VI, LINE 3; TDA INVESTMENT GROUP INC. IS CONTRACTED TO PERFORM MANAGEMENT SERVICES FOR KUAKINI HIGHWAY 75-6099 CORP. KUAKINI HIGHWAY 75-6099 CORP IS WHOLLY OWNED BY THE CONSTRUCTION LABORERS PENSION PLAN WHICH PAYS TDA INVESTMENT GROUP, INC. , AN UNRELATED ORGANIZATION, PURSUANT TO A THIRD-PARTY MANAGEMENT SERVICES CONTRACT. UNDER THE MANAGEMENT CONTRACT, TDA INVESTMENT GROUP INC. PROVIDES THE OFFICERS AND DIRECTORS OF KUAKINI HIGHWAY 75-6099 CORP. THESE SERVICES ARE PROVIDED WITHOUT CHARGE TO THE FILING ORGANIZATION AND DO NOT APPEAR TO BE SUBJECT TO REPORTING PURSUANT TO THE INSTRUCTIONS FOR LINE 3 OF FORM 990. PART VI, LINE 11B: THE CORPORATION'S CHIEF FINANCIAL OFFICER REVIEWS AND APPROVES THE FORM 990 BY COMPARING IT TO THE ANNUAL COMPILED FINANCIAL STATEMENTS. PART VI, LINE 19: DOCUMENTS ARE NOT AVAILABLE TO THE PUBLIC. PART XI, LINE 9: CAPITAL CONTRIBUTION - CASH $100,000 U IgA Schedule 0(.Form 990 or 990-EZ)2418 6 E 1228 1 000 1600HV F173 V 18-6.8F 92-5871 PAGE 21 KUAKINI HIGHWAY 75-6099 CORP 46-2084372 SCHEDULE R Related Organizations and Unrelated Partnerships 7A6B No.1545-6047 (Form 990) CSO f D ■Complete If the organlxaUon answered"Yes"on Form 990,Part IV,line 33,34,35b.38,or 37. CS� ■Attach to Form 990.D. m*.Al R a v rrrasvy �Go.to www-ks, W Form990 for instructions and the latest Information Int<mel RewMNa aeedee � Name o}the argaftluon Employs IdantMcaHon numW r KUAKINI HIGHWAY 75-6099 CORP 46-2084372 Identification of Disregarded Entities.Complete if the organization answered'Yes"on Form 990,Part IV,line 33, (a) 161. M (d) (a) in Name,address,and EIN(if appka6b)of diwegarded artity Primary activity Legal domk (atrta Total ktooma End-o4yser asasts Cifecl.conirolling OF forel r,cou ent fi} 2 3 4 5 8 Identiflcatlon of Related Tax-Exempt Organizations.Complete if the organization answered"Yes"on Form 990,Part IV,line 34,because it had one or more related tax-exempt organizations during the tax year. Name,address,and EIN of rolled organlzation Primary activity Legal domicile(state E—pe Cuda erem Pubile&Moy stows Dema+mntrclf g Sact Ion 512(b}(13) or foreign country) (If seellon 601(cks)) anl.liy controlled antw Yes No c6NSTRu I Rs PENSION PLAN 43-6159056 a 9 sANTA ANITA A+rE STE 200 EL NOA4E, CA 92711PENSION PLAN CA 401%) N'/A N/A X x gala.sxc Hover AVENUE 95-4410051 2029 PIONEER CT SAN NAT20, CA 94401 INVST-PROPRTY CA 501(C) (25) N/A N/A X 3 i 0 NORTn BR EouLsvAan 95-3257352 R025 PzaaE CT SAN MATED, CA 54403 INVST-PROPRTY CA 501(C) (25) N/A N/A X 4 4985 s+b+.rueaax PAR KAT 94-3266156 7025 PIONEER CT SAN NATEO, CA 94403 INVST-PROPRTY CA 501(C) 1251 N/A N/A X 5.Ido IOWA AVM9M 94-3341908 2025 PIONEER CT SAN khTW, CA St403 INVST-PROPRTY CA 501(C) (25) N/A N/A X 8 Is411 Rosco5E 94-3306052 avis vIONEEa cT SAN MKTW, CA 54403 INVST-PROPRTY CA j501(C) (25) N/A N/A X 7 4401 SANTA ANITA AVENUE 95-4207664 2025 PIONEER CT SAN Nass^, CA 54403 INVST-PROPRTY CA 501(C) (25) N/A N/A X For Paperwork Reduction Act Notice,see the Instructions for Form 996. Schedule R(Form MI 2016 3sA ME$307 x.000 1600HV F173 V 18-6.8F 92-5871 PAGE 22 C . KUAK.INI HIGHWAY 75-6099 CGRP 46-2084372 SCHEDULE R Related Organizations and Unrelated Partnerships QM8 No 1545.0047 (Form 990) IN-Complete If the organization answered"Yes"on Form 990,Part IV,line 33,34,356,36,or 37. I`UJ ■Attachto Form 990. Ospeneeau mert or me rrry ■ nnv Go to w-frs.gov1Form990 For Instructions and the latest Information. woo mi Rewet.e Sem. Nome of the organization !Employx iderrl4flcation numlwr KUAKINI HIGHWAY 75-6099 CORP 46-2084372 Identification of Disregarded Entities.Complete if the organization answered"Yes"on Form 990,Part IV,line 33. (a) (e) (c) (d) (a) (4 Name,address,and EIN(t applicable)of diareg aided entity Primary ac" Legal damiolie(state Total Inmme EndoFyew assets Overt contmlling or foreign caul emit t 7 3 d 5 6 Identification of Related Tax-Exempt Organizations,Complete if the organization answered"Yes"on Form 990,Part IV,line 34,because it had one or more related tax-exempt organizations during the tax year. ial fb) Irl td) tel f0 [g) Name,address,mrd E I N of raMled".ritzatK n Primary acMY Legal domk$a(afata Es pt c oe ee m Publk charity status Direct controlling Secllun 512(bX13) or foreign country) (lf sscfhn 5o t(cK3}l @nifty conholled en[ity7 Yes No caNrcn SPRINGS 11kRKETPLACs 95-4267132 x0 5 P SAN KATE.. CA 94403 INVST-PROPRTY CA 501(C) {25) N/A N/A X 2 CACUS SInCLAIR 20-8035997 2025 PIONEER CT &I-y K TSC, CA 94407 INVST-PROPRTY CA .501(C) (25) N/A N/A X 3 CANYON SPRtKGS NORTH 20-2313717 2025 PIONEER C7 8A,l KA3'a CA 944D3 INVST-PROPRTY CA 501(C) (25) N/A N/A X 4 65300EUERA,oPIVe 94-3372034 2025 PIONEER CT SAIR MA7EO. CA 94403 INVST-PRGPRTY CA 501(C) (25) N/A N/A X 5 2a2 HA 11 oxlVe.CORP 46-1195894 oz5 P Asn T SAN MATEO, CA 94403 INVST-PROPRTY CA 501(C) (2) N/A N/A X 5 4022 CHINO HILLS PARKWAY 45-5112375 2025 PIONEER CT SAN MATEO, CA 94403 INVST-PROPRTY CA SG1(C) (2) N/A N/A X 4240 T319EnY BLVD, Inc. 45-4650282 20 5 PI I SAN MATEO, CA 94403 INVST-PRGPRTY CA _501(C) (2) N/A N/A X For Paperwork Reduction Act Notice,sae the instructions for Farm 999. Schedule R(Form 990)2018 0SA 4E1302 s.000 1600HV F173 V 18-6 OF 92-5871 PAGE 23 KUAKINI HIGHWAY 75-6099 CORP 46-2064372 SCHEDULER Related Organizations and unrelated Partnerships 0 M No.1545.0047 (Form 994) ■ �aComplete If the arganizatlan answered"Yes"on Form 9 1880,Par11V,Ilea 33,3i,356,38,or 37. v v 0-Attach to Form 990. tt4patmaraam4Tr—ry ■Go to www-irs.gov1Form990 for instructions and the latest information. W-0 Rewroe Ser k. am Name of the orgardzalJon EmpWytt IdstrHacallon namtw KUAKINI HIGHWAY 75-6099 CORP 46-2084372 Identification of Disregarded Entities.Complete if the organization answered"Yes"on Form 990,Fart IV,line 33. W iel (e) id) (0) (1) Name,address,and E I N(if applicable)of disregarded onlay Primary activity Legal domicile[state Tale)incase Erdal-yaw assets Direct oontro6ing or foralon CO." entity 3 d fi Identification of Related Tax-Exempt Organizations.Complete if the organization answered"Yes"an Form 990,Part IV,line 34,because it had one or more related tax-exempt organizations during the tax year. Name,address,and EIN of reMtrd dganlxadorl Primary activity Legal domicile[state Exemp Cads sechan PutAc Chalky et o. Direct controlling Section 512(1)X f 3J or foreign counlry) (N aection 601(CX3)) anlity controlled enlitp Yes No t 17109 SOLEDAP CANYON CORP 46-0946060 025 PICNEFA CT SAN RATEO, CA 944*3INVST-PROPRTY CA 501 IC) (2) N/A N/A x 2 7400 STERART I GRAY, INC 45-5041971 zoa5 PIONEFR Cr SAN NATEO, CA 94403 INVST-PROPRTY CA 501(C) (2) N/A N/A X 3 P RTOLA AVgNtM 39800 CGRP 46-2759205 2025 PIONEER cz SAN we 94403 INVST-PROPRTY CA 501(C) (2) N/A N/A X 4 OCEAN RArCl a0111"Al+n cos nP 46-3726713 zoas PIO.i CT SAN NATEO, CA 94403 INVST-PROPRTY CA 501 IC) (2) N/A N/A X $ PA IDGE AVYPtt16 517 CORP 46-42616G2 2025 P-IONEER Cf SAN NATEO, CA 94403 INVST-PROPRTY CA 501(C) (2) N/A N/A X 6 tralac u MA'jKA LAbIo CORP 47-2800510 2a25 PIONEER Cr SAN 1NTM, CA 944c3 INVST-PROPRTY CA 501(C) (2) N/A N/A X 7. '2 EoAn CORP 47-5414002 2025 PIONEER Cr rao, CA 94493 INVST-PROPRTY CA 501(C) (2) N/A N/A X For Paperwork Reduction Act Notice,see the Instructions for Form 990, SchaduI&R(Foran 8994 2016 JSA 4E 1307 1.000 1600HV F173 V 18-6.8F 92-5871 PAGE 24 C C") KUAKINI HIGHWAY 75-6099 CORP 46-2094372 SCHEDULE R Related Organizations and Unrelated Partnerships OMB No 1545-0041 (Form 990) �j Q1 ►Complete H the organlxathnn answered"Yes"on Form 990,Par!IV,Ilne 33,34,35b,38,or 37. Chi ■Attach to Form 990 a ftt n R wwSw,,(o. y i Go to www.lrs.gov1Form990for instructions and the latest In Formation. Name of the mganIetion Emplayer Wo ntYecallon number %UAJCINI HIGHWAY 75-6099 CORP 46-2084372 Identification of Disregarded Entities.Complete if the organization answered"Yes"on Form 9917,Part IV,line 33. (a) M to) (d) (H t9 Name,address,end EIN(if applicable)of dtareg etded mtfty Primary a l[Wy Legal domkile{state Tolal ncoma Endal-year assets Dime[contmlfng OT tocol n_WW t entity 1 2 3 4 5 L) Identification of Related Tax-Exempt Organizations.Complete if the organization answered"Yes"on Form 990,Part N,line 34,because it had one or more related tax-exempt organizations during the tax year. sae Ib) tW tdl t•l In t9) Name,address,and EIN olmiated otganlsailon Primary activity Legal domiGk(aide e—pl cad..dm Public charily atob s tired c Mmling saclion 512(bK13) or(vralgn a rrdy) (it sectlon Sol(c)(3)) enlity conitralw amtly _ Yes No E3ECUTIVs RIDGE 10 CORP 47-4614622 7025 PIONEER CT snit Mars . a 944c' INVST-PROPRTY CA 501(C) (2) NSA N/A x 2 3 4 5 s 7 For Paperwork Reduction Act.Notice,see the Instructions for Form 999. Schedule R tForm 990)2019 AA a E1307 tuun 16009V F173 V 18-6.8F 92-5871 PAGE 25 1 KUAKINI HIGHWAY 75-6499 CORP 46-2084372 Sch ad ule N(Fenn 800)2615 Page 2 Identification of Related Organizations Taxable as a Partnership.Complete if the organization answered"Yes"on f=orm 990,Part IV,line 34, because it had one or more related organizations treated as a partnership during the tax year. Ia1 ry [gl id1 Predorninant Share oN"i Share oFF and•oF ..61 Code(V)-VBI Ganhr+aicr Far Scents a Name,address,and EIN of Primary acdvky Legal Direct ceniralling g Income(releled, related erganlzatbn domlrile entity Yncame year easels wa.. amount in box 2a managng ovine.ship unrelated, of Schedule K-1 neer? [state n excluded er P' foreign tax under [Form 1055] c nlry) sections 512-5141 Yas No Yes No 1 z a a S a 7 Identification of Related Organisations Taxable as a Corporation or Trust.Complete if the organization answered"Yes"on Form 990,Part IV, line 34,because it had one or more related organizations treated as a corporation or trust during the tax year. III 161 (a) (d) I (a) [rf [vl (h) e ua� Noma,address,and El of related m g anion primary adtiray Loom awricaa direct controlling Type of artily Share of total snare of Percantag s512(0];+3] pure or rmalp artily do carp,5 cap,or"4 income and-of•year assela owmership convdied Deem] es No t 2 3 8 5 B 7 Schedul..e R(Form 996)2018 1aA aE1No I o00 1600HV F173 V 18-6.8F 92-5671 PAGE 26 S KUAKI.NI HIGHWAY 75-6099 CORP 46-2084372 Schedule R(Farm 990)201a Page 3 Transactions With Related Organizations.Complete if the organization answered"Yes"on Form 990,Pari N,line 34,35b,or 36 Note:Complete line 1 if any entity Ls listed in Parts Il,III,or N of this schedule. Yes No 1 During the tax year,did the organization engage in any of the following transactions with one or more related organizations listed in Parts 11-rV7 a Receipt of(i)interest,(ii)annuities,(Ili)royalties,or([v)rent from a controlled entity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1a X b Gift,gram,or capital contributlon to related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1b X c Gih,grant,or capital contribution from related organization(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , 1c X d Loans or loan guarantees to or for related organizatlon(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1d X e Loans or loan guarantees by related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7e X f Dividends from related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1f X g Sale of assets to related organlzatiorr s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X h Purchase of assets from related organization(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1h X I Exchange of assets with related organizatlon(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1i X j Lease of facilities,equipment,or other assets to related organization(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 X k Lease of facilities,equipment,or other assets from related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1k X I Performance of services or membership or fundraising solicitations for related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 X m Performance of services or membership or fundraising solicitations by related organization(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 m X n Sharing of facilities,equlpment,mailing lists,or other assets with related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1n X o Sharing of paid employees with related organizatrorl(s} . , . , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 10 X p Reimbursement paid to related organization(s)for expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ip X q Reimbursement paid by related organixation(s)for expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . I,, 1XX r Other transfer of cash or property to related orgenization(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .s Other transfer of cash or roe from related cr anizatio s, 2 If the answer to any of the above is"Yes,"see the instructions for information on who must complete thls line,including covered relationships and transaction thresholds (a) (h) (G) (dl Name.1'Wated organlz®Ilon Transection Amount In.Nvd Method of daterminhng type{a-a} amount lm#ot"d (1 (2) 3 4 51-- (6) ,S, Schedule R(Form 99012914 SE 19 1 coo 1600HV F173 V 18-6.8F 92-5871 PAGE 27 KQP.KINI HIGHWAY 75-6099 CORP 46-2084372 Sctsed We R(Fo1m 990)3018 Page 4 Unrelated Organirations Taxable as a Partnership.Complete If the organization answered"Yes"on Form 990,Part IV,line 37. Provide the following information for each entity taxed as a partnership through which the organization conducted more than five percent of its activities(measured by total assets or gross revenue)that was not a related organization.See Instructions regarding exclusion for certain investment partnerships. W �} Le d—m Pred.�-nt Mee Pert— trl � {ht tt} - ll} 04 Wnm.,addnae,end EIF7 P}enlily Premery ectlJry 9e Snenn d sere M oep.eoaa 7 [`ade V-b., General Q PK , e 1eL[e aleregn kcrene lrclaCed > mW hleane end-d-year e��� unl In Ctlx 40 napiny �Kyya Country} .related encludee 5011°]171 eeeete a°f Schedule K-1 Pare , u ft—r.x W1dw tl row (Farm foes) 512.514) YBS No Yes No Yes NO t 2 3 4 5 6 7 e S iQ 11 12 1S 14 15 16 S.hedulrt R(Form 909)201a JSh M1310 1.... 1600HV F173 V 19-5.18F 92-5871 PAGE 28 KUAKINI HIGHWAY 75-6099 CORP 46-2084372 Schedule R(Form 990)2018 Page 5 Supplemental Information Provide additional information for responses to questions on Schedule R.See instructions. Schedule R(Form 990)2018 RE1510 1.000 1600HV F173 V 16-6.8F 92-5671 PAGE 29 TAXABLE YEAR California Exempt Organization • FORM 20 18 Annual Information Return 199 tender Year 2018 or fiscal year beginning(mmlddlyyyy) and ending(mmlddlyyyy) uurporationtOrganization name California corporation number KUAKINI HIGHWAY 75-6099 CORP 3535637 Additional information See instructions. FEIN 46-2084372 Street address(suite or roam) PMB no 2025 PIONEER CT City State Zip code SAN MATEO CA 94403 Foreign country name Foreign provincelstatelcounty Foreign postal code A First Return. . . . . . . . . . . . . . . . . . . . . . . . ❑Yes No J If exempt under R&TC Section 23701 d,has the organization B Amended Return . . . . . . . . . . . . . . . . . . . . . .OE Yes No engaged in political activities?See instructions.. . . . .■❑Yes❑No C IRC Section 4947(a)(1)frust . . . . . . . . . . . . . . . . . .❑Yes ®No K Is the organization exempt under R&TC Section 23701g?•!❑Yes❑{ No D Final Information Return? If"Yes,"enter the gross receipts from nonmember 0 ❑ Dissolved ❑Surrendered[Withdrawn] ❑ Merged/Reorganized sources . • . • • • • • • • • • • • • • • • • • • •$ Enter date-(mmlddlyyyy) • L If organization is a public chanty exempt under R&TC Section 23701d and meets the filing fee exception, E Check accounting method: check box No filing fee Is required. . . . . . . . . .M❑ (1)❑ Cash (2)7 Accrual (3)❑Other M Is the organization a Limited Llabllity Company?• • • • • •❑Yes[X]No F Federal return filed? N Did the organization file Form 100 or Form 109 to report (1)•❑ 990T (2)OL 99OPF (3)0❑ Sch H(990) (4)1:1 Other 990 series taxable Income?• • • • • . . . • . . • • . • • • •0❑Yes❑X No G Is this a group filing?See Instructions. . . . . . . . . . . . . .O❑Yes EX]No Q Is the organization under audit by the IRS or has the IRS H Is this organization in a gaup exemption. . . . . . . . . . . . . .17Yes ❑X No audited in a prior year?. . . . . . . . . . . . . . .•❑Yes®No If"Yes,"what Is the parent's name? P Is federal Form 1023/1024 pending?. . . . . . . . .❑Yes 1K No Date filed with IRS I Did the organization have any changges to its guidelines not reported to the FTS?See instructions . . 0[71y. ®No P rt I Cvm late Part I unless not re wired to file this form. See General Information Band C. 1 Gross sales or receipts from other sources.From Side 2,Part II,line 8. . . . . . . . . . . . . . 0 1 46, 79000 2 Gross dues and assessments from members and affiliates . . . . . . . . . . . . . . . . . . . • 2 00 3 Gross contributions, gifts,grants,and similar amounts received. . . . . . . . . . . . . . . . . • 3 0 0 Receipts 4 Total gross receipts for filing requirement test Add line 1 through line 3. and This line must be completed.If the result is less than$50,000,see General information B • • 4 46, 790100 Revenues 5 Cost of goods sold . . . . . . . . . . . . . . . 01 5 1 100. k° 6 Cost or other basis,and sales expenses of assets sold fi 00 7 Total costs.Add line 5 and line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 00 8 Total gross income.Subtract line 7 from line 4. • B 4 6 79000 Expenses 9 Total expenses and disbursements.From Side 2,Part 11,line 18. . . . . . . . . . . . . . . . . fa 9 3 9 03100 10 Excess of receipts over expenses and disbursements.Subtract line 9 from line 8 . • 10 7 75900 11 Total payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ■ 11 00 12 Use tax-See General Information K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 12 00 13 Payments balance. If line 11 is more than line 12,subtract line 12 from line 11 . . . . . . . . . ■ 1 00 Filing Fee 14 Use tax balance. If line 12 is more than line 11,subtract line 11 from line 12 . . . . . . . . . . • 14 0 0 15 Filing fee$10 or$25 See General Information F. . . . . . . . . . . . . . . • . . . . . . . . , 15 1000 16 Penalties and Interest.See General Information J . . . . . . . . . . . . . . . 16 00 17 Balance due.Add line 12 line 15 and line 16.Then subtract line 11 from the result • 17 10100 Under panallie s of perjury, I declare that I have examined this return,including accompanying schedules and statements,and to the best of my knowledge and belief,it is SignuecNm ft- a Tete.Declaration of preparer(other than taxpayer)Is based on all information of which preparer has any knowledge Here etUfB Title Date s Telephone ofofficer ■ CFQ 650-343-6333 Preparers Date Check if self- 6 PTIN signature 101employed Po,❑ P01513 501 MILLER KAPLAN ABASE LLP •Firm's FEIN Preparer's if self-employed) 10,Paid Firm's name yours, 2 EMBARCADERO CTR STE 2280 95-2036255 Ise Only and address SAN FRANCISCO, CA 94111-3916 a Telephone 415-956-3600 May the FTS discuss this return with the preparer shown above?See instructions . . . . . . . . . . . . . . . . .•X Yes Ll No 027 3651184 Form 199 2018 Side 1 8Y0527 1 000 1600HV F173 V 18-6 . 8F 92-5871 PAGE 31 Part 11 Organizations with gross receipts of more than$50,000 and private foundations ■ regardless of amount of gross receipts-complete Part 11 or furnish substitute Information. 1 Gross sales or receipts from all business activities See Instructions . . . . . . . . . . . . . . . . . • 1 0 2Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 2 8710 Receipts 3 Dividends. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 3 00 from 4 Gross rents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 4 0 0 Other 5 Gross royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 5 00 Sources 6 Gross amount received from sale of assets(See Instructions) . . . . . . . . . . . . . . . . . . . . • 6 00 7 Other income Attach schedule . . . . . . . . . . . . . . . . ATCH. 1. . . • 7 45191900 8 Total gross sales or receipts from other sources Add line 1 through line 7. Enter here and on Side 1,Part I,line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a 46, 79000 9 Contributions,gifts, grants,and similar amounts paid.Attach schedule . . . . . . . . . . . . . . . • 9 0 0 10 Disbursements to or for members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 1 Q 00 11 Compensation of officers,directors,and trustees.Attach schedule. . . . . . . . . ATCH. 2, , , • 11 0 0 12 Other salaries and wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 12 00 Expenses13 Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 13 00 and14 Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ■ 14 00 Disburse- 15 Rents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 15 39, 03100 ments 16 Depreciation and depletion(See instructions). . . . . . . . . . . . . . . . . . . . . . . . . . . . • 16 00 17 Other Expenses and Disbursements.Attach schedule. . . . . . . . . . . . . . . . . . . . . . . . • 17 00 18 Total expenses and disbursements.Add line 9 through line 17.Enter here and on Side 1,Part I,line 9 18 39, 0 310 0 Schedule L Balance Sheet Beginning of taxable year End of taxable year Assets (a) b c d 1Cash . . . . . . . . . . . . . . . . . . . . . 85, 716 . • 18, 482 . 2 Net accounts receivable . . . . . . . . . . . . 4 4 . • 37 . 3 Net notes receivable. . . . . . . . . . . . • 4 Inventories . . . . . . . . . . . . . . . . . . • 5 Federal and state government obligations 'k• 6 Investments in other bonds . . . . . . . . • 7 Investments in stock. . . . . . . . . . . . . • 8 Mortgage loans . . . . . . . . . . . . . . . • 9 Other investments.Attach schedule . ATCH 3 3 0001000 . • 3 , 175, 000 10 a Depreciable assets . . . . . . . . . . . . . b Less accumulated depreciation . . . . . . t ] ( } 11 Land . . . . . . . . . . . . . . . . . . . • 12 Other assets.Attach schedule . . . . . . . . . 13 Total assets . . . 3 , 085, 760 . 3 , 193, 519 . Liabilities and net worth 14 Accounts payable . . . . . . . . . . . . . . . • 15 Contributions,glfts,or grants payable • 16 Bonds and notes payable . . . . . . . . . . . • 17 Mortgages payable . . . . . . . • 18 Other liabilities Attach schedule. . . . . . . . 19 Capital stock or principal fund . . . . . . . . . . 2, 203, 018 . • 2,203 , 018 . 20 Paid-in or capital surplus.Attach reconclNation . ATCH 4 882 742 . • 990, 501 . 21 Retained earnings or income fund . . . . . . . I I to 22 Total liabilities and net worth . . . . . . . . . 3 085, 760 . 3 , 193 , 519 . Schedule M-1 Reconciliation of Income per books with income per return Do not complete this schedule if the amount on Schedule L,line 13,column(d),is less than$50,000 1 Net income per books . . . . . . . . . . . . . . . . . . a 7, 7 5 9_ 7 Income recorded on hooks this year 2 Federal income tax. . . . . . . . . . . . . . . . . . . not included In this return.Attach schedule 3 Excess of capital losses over capital gains . . . . . . . . . • 8 Deductions in this return not charged 4 income not recorded on books this year against book income this year. Attach schedule . . . . . . . . . . . . . . . . . . . . . Attach schedule . . . . . . . . . . • 5 Expenses recorded on books this year not 8 Total.Add line 7 and line 8. . deducted in this return.Attach schedule. . . . . . . . . . 10 Net Income per return, •- 6 Total-Add line 1 through line 5. 7 759. Subtract line 9 from line 5 7759 Side Form 199 2018 027 3652184 F_ BY0528 1.00a 1600HV F173 V 18-6 . 8F 92-5871 PAGE 32 Voucher at bottom of page. ❑O NOT MAIL A PAPER COPY OF THE CORPORATE OR EXEMPT ORGANIZATION TAX RETURN WITH THE PAYMENT VOUCHER. If the amount of payment is zero, do not mail this voucher. WHERE TO FILE: Using black or blue ink, make check or money order payable to the"Franchise Tax Board."Write the corporation number, FEIN, CA SOS file number and"2018 FTB 3586"on the check or money order. Detach voucher below. Enclose,but do not staple, payment with voucher and mail to: FRANCHISE TAX BOARD PO BOX 942857 SACRAMENTO CA 94257.0531 Make all checks or money orders payable in U.S. dollars and drawn against a U.S.financial institution. WHEN TO FILE: Corporations - File and Pay by the 15th day of the 4th month following the Close of the taxable year. S corporations - File and Pay by the 15th day of the 3rd month following the close of the taxable year. Exempt organizations-File and Pay by the 15th day of the 5th month following the close of the taxable year. When the due date falls on a weekend or holiday,the deadline to file and pay without penalty is extended to the next business day. ONLINE SERVICES: Corporations can make payments online using Web Pay for Businesses. Corporations can make an immediate payment or schedule payments up to a year in advance.Go to ftb.ca.govlpay for more information. DETACH HERE IF NO PAYMENT IS DUE,DO NOT MAIL THIS VOUCHER DETACH HERE CAUTION:You may be required to pay electronically,see instructions. TAX "'YEA' Payment Voucher for Corporations and Exempt CALIFORNIA FORM 2018 Organizations a-filed Returns 3586 (e-file) 3535637 KUAK 46-2084372 (415) 956-3600 18 FORM 3 TYB - _ TYE - - KUAKINI HIGHWAY 75-6099 CORP 2025 PIONEER CT PMB SAN MATEO CA 94403 TOTAL PAYMENT AMT 10. 027 618118 6 FTB 3686 2018 ®D0554 1.000 1600HV F173 V 18-6 . 8F 92-5871 PAGE 34 KUAKINI HIGHWAY 75-6099 CORP 46-2084372 ATTACHMENT 1 PART II - OTHER INCOME INCREASE IN ESTIMATED FAIR MARKET VALUE OF INVESTMENT IN LAND 45, 919, TOTAL OTHER INCOME 45, 919 . ATTACHMENT 1 1600HV F173 V 18-6 . 8F 92-5871 PAGE 35 KUAKINI HIGHWAY 75-6699 CORP 46-2084372 ATTACHMENT 2 COMPENSATION OF OFFICERS, DIRECTORS, AND TRUSTEES NAME TITLE COMPENSATION SYRON M. FOX DIRECTOR, 1 HOUR 0. GARRY S. SPANNER PRESIDENT/CHAIRMAN/CFO, 1 HOUR 0. ERIK ST. CHARLES SECRETARY, 1 HOUR 0. ROBERT T. PERKINS EXECUTIVE VICE PRESIDENT, 1 HOUR 0. TOTAL COMPENSATION OF OFFICERS, DIRECTORS, AND TRUSTEES ATTACHMENT 2 1600HV F173 V 18-6.8F 92-5871 PAGE 36 KUAKINI HIGHWAY 75-6099 CORP46-2084372 ATTACHMENT 3 SCHEDULE L - OTHER INVESTMENTS CORPORATE NAME: KUAKINI HIGHWAY 75-6099 CORP EIN OF BUSINESS: 46-2084372 DESCRIPTION BEG. OF YEAR END OF YEAR INVESTMENT LAND 3, 000, 000 . 3 , 175, 000 . TOTAL CORPORATION OTHER INVESTMENTS 3, 000, 000 . 3, 175, 000 . TOTAL OTHER INVESTMENTS 3 , 000, 000 . 3, 175, 000 . r � ATTACHMENT 3 1600HV F173 V 18-6 .8F 92-5871 PAGE 37 KUAKINI HIGHWAY 75-6099 CORP 46-2084372 ATTACHMENT 4 SCHEDULE L - PAID-IN OR CAPITAL SURPLUS DESCRIPTION BEG. OF YEAR END OF YEAR PAID-IN OR CAPITAL SURPLUS 882 , 742 . 990 , 501 . TOTAL PAID-IN OR CAPITAL SURPLUS 882. 742 . 990 . 501 . C ATTACHMENT 4 1600HV F173 V 18-6 . 6F 92-5871 PAGE 38 EXHIBIT 3 Organizational Documents f 3535637 FILED 5ecx�atary of Stwe ARTICLES of INCORPORATION slow Of coubmia Of KUAKR-;I HIGHWAY 75-6099 CORP. FEB x 0 2013 ARTICLE I. � The name of this corporation is Kuakini Highway 75-6099 Corp. ARTICLE II. (a) The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code. (b) Notwithstanding the foregoing, the exclusive purposes of this corporation are to (i)acquire real property and hold title to,either directly or through a wholly-owned subsidiary, and collect income from, such property; and (ii)remit the entire amount of income from such property (net of expenses) to the shareholders of the corporation, all of which must meet the qualifications set forth in Article VII herein. ARTICLE III. The name and address in the State of California of this corporation's initial agent for service of process is: John S.Miller,Esq. 2049 Century Park East,28`6 Floor Los Angeles,CA 90067 ARTICLE IV. The mailing and business address of this corporation is: 2075 Pioneer Court San Mateo,CA 94403 ARTICLE V. This corporation is authorized to issue only one class of shares of common stock; and the total number of shares which this corporation is authorized to issue is Ten Thousand(10,000). ARTICLE VI. This corporation is a close corporation. This corporation may have no more than thirty-five (35) shareholders. Only the following types of organizations may be or become shareholders of this corporation: (a) a qualified pension, profit-sharing, or stock bonus plan that meets the requirements of Section 401(a)of the Internal Revenue Code of 1986,as the same may be amended from time to time(the "IRC"); 9999914224749v1 1. 1 1, (b) a governmental plan described in IRC Section 414(d), as the same may be amended from time to time; (c) the United States, any state or political sub-division thereof, or any agency or instrumentality of the foregoing; (d) an organization described in IRC Section 501(c)(3), as the same may be amended from time to time;or (e) any organization described in IRS Section 501(c)(25)(C), as the same may be amended from time to time. ARTICLE VII. No shares of this corporation may be sold, transferred or otherwise disposed of by any shareholder except as follows: (a) By selling or exchanging the shares (subject to any federal or state securities law) to or with any organization described in Article VI above so long as the sale or exchange does not increase the number of shareholders in the corporation above thirty-five(35);or (b) By having its stock repurchased by the corporation (subject to the provisions of the California Corporations Code) after the shareholder has provided at least ninety (90) days notice to the corporation that it desires to have its shares repurchased. The price at which the corporation shall repurchase shares shall be the book value of the shares as of the month-end immediately preceding the date the shares are repurchased. ARTICLE VIII. The shareholders of this corporation may dismiss the corporation's investment advisor, if any, following reasonable notice, upon a vote of the shareholders holding a majority of the outstanding shares of the corporation entitled to vote to dismiss such investment advisor. ARTICLE IX. Notwithstanding any of the above statements of purposes and powers, this corporation shall not, except to an insignificant degree, engage in any activities or exercise any powers that are not in furtherance of the specific purposes of this corporation, ARTICLE X. (a) The liability of the directors of the corporation for monetary damages shall be eliminated to the fullest extent permissible under California law. (b) This corporation is authorized to provide indemnification of agents (as defined in Section 317 of the California Corporations Code)through Bylaw provisions,agreements with agents,vote of shareholders or disinterested directors, or otherwise, to the fullest extent permissible under California law, (c) Any amendment, repeal or modification of any provision of this alp XX shall not .� adversely affect any right or protection of an agent of this corporation existing at the time of such amendment,repeal or modification. 9999914224748vl 2. `.-- 10 f I further declare under penalty of perjury under the laws of the State of California that the matters set forth in these Articles of Incorporation are true and correct of my own knowledge. Date:February 19,2013 AA� GIYJSFbNNEF,Sole Incorporator t k, S 99999W224749v 1 3. ` r I I hereby certify 1fr�t- foregoing transcript of d*ero i [$a fup,true and cr nrrecf rasppy fl) g) i original record in the cujIts %of the i California Secretary of 'sotfic , FEB 2 1 zuij Date: ` 4"" � DEBRA BOWEN,SewWry of Sulo 4 BYLAWS Of KUAKINI HIGHWAY 75-6099 CORP. a California corporation dated February 20, 2013 6644814225236x1 I i BYLAWS Of KUAKTNI HIGHWAY 75-6099 CORP., R California corporation INDEX Page ARTICLE1. OFFICES.............................................................................................................. . I Section1. PRINCIPAL OFFICE.........................................................,...............................1 ARTICLE 11. MEETINGS OF SHAREHOLDERS........................................................................I Section 1. PLACE OF MEETINGS....................................................................................1 Section 2. ANNUAL MEETING........................................................................................1 Section3. SPECIAL MEETING.........................................................................................1 Section 4. NOTICE OF SHAREHOLDERS' MEETINGS................................................I Section 5. MANNER OF GIVING NOTICE;AFFIDAVIT OF NOTICE.........................2 Section6. QUORUM..........................................................................................................2 Section 7. ADJOURNED MEETING;NOTICE................................................................3 Section8. VOTING.............................................................................................................3 Section 9. WAIVER OF NOTICE OR CONSENT BY ABSENT SHAREHOLDERS ........................................,...................................................4 Section 10. SHAREHOLDER ACTION BY WRITTEN CONSENT WITHOUT A MEETING..........................................................................................................4 Section 11. RECORD DATE FOR SHAREHOLDER NOTICE, VOTING AND GIVINGCONSENTS.....................................,..................................................5 Section12. PROXIES ...........................................................................................................5 Section 13. INSPECTORS OF ELECTION.........................................................................6 ARTICLEIII. DIRECTORS ...........................................................................................................7 Section1. POWERS............................................................................................................7 Section 2. NUMBER AND QUALIFICATIONS OF DIRECTORS..................................7 Section 3. ELECTION AND TERM OF OFFICE..............................................................7 Section4. REMOVAL........................................................................................................5 Section 5. RESIGNATION AND VACANCIES................................................................8 Section 6. PLACE OF MEETINGS AND MEETINGS BY TELEPHONE ......................9 Section7. ANNUAL MEETING........................................................................................9 Section 8. OTHER REGULAR MEETINGS.................................. 9 Section9. SPECIAL MEETINGS.......................................................................................9 Section10. QUORUM..........................................................................................................9 Section 11. WAIVER OF NOTICE......................................................................................9 Section12. ADJOURNMENT............................................................................................10 Section 13. NOTICE OF ADJOURNMENT......................................................................10 Section 14, ACTION WITHOUT MEETING ....................................................................10 Section 15. FEES AND COMPENSATION OF DIRECTORS .........................................10 Section 16. COMMITTEES OF DIRECTORS...................................................................1Q 66448\4225236v] (1} e �- ARTICLEIV. OFFICERS.............................................................................................................I 1 Section1. OFFICERS ........................................................................... Section 2. ELECTION OF OFFICERS.............................................................................1 I Section 3. SUBORDINATE OFFICERS..........................................................................11 Section 4. REMOVAL AND RESIGNATION OF OFFICERS.......................................1 I Section 5. VACANCIES IN OFFICES.............................................................................11 Section 6. CHAIRMAN OF THE BOARD ......................................................................I I Section 7. PRESIDENT ....................................................................................................I 1 Section8. VICE PRESIDENTS........................................................................................12 Section 9. SECRETARY...................................................................................................12 Section 10. CHIEF FINANCIAL OFFICER......................................................................12 ARTICLE V. INDEMNIFICATION OF DIRECTORS, OFFICERS,EMPLOYEES AND OTHERAGENTS............................................................................................13 Section 1. DEFINITIONS.................................................................................................13 Section 2. ACTIONS BY THIRD PARTIES....................................................................13 Section 3. ACTIONS BY OR IN THE RIGHT OF THE CORPORATION....................13 Section 4. MANDATORY INDEMNIFICATION...........................................................14 Section 5. AUTHORIZATION OF INDEMNIFICATION..............................................14 Section 6. ADVANCED EXPENSES...............................................................................14 Section7. LIMITATIONS ................................................................................................14 Section 8. OTHER RIGHTS AND REMEDIES...............................................................15 Section 9. SUBROGATION.............................................................................................16 Section 14. FUNDING OF INDEMNIFICATION.............................................................16 Section 11. INDEMNIFICATION OF THIRD PARTIES .................................................16 Section 12. EXPENSES AS A WITNESS..........................................................................16 Section 13. SAVINGS CLAUSE........................................................................................16 ARTICLE VI. RECORDS AND REPORTS.................................................................................17 Section 1. INSPECTION OF SHARE REGISTER..........................................................17 Section 2. MAINTENANCE AND INSPECTION OF BYLAWS...................................17 Section 3. MAINTENANCE AND INSPECTION OF OTHER CORPORATE RECORDS........................................................................................................17 Section 4. INSPECTION BY DIRECTORS.....................................................................18 Section 5. ANNUAL REPORT TO SHAREHOLDERS..................................................18 ARTICLE VII. GENERAL CORPORATE MATTERS...............................................................18 Section 1. RECORD DATE FOR PURPOSES OTHER THAN NOTICE AND VOTING...........................................................................................................18 Section 2. CHECKS, DRAFTS, EVIDENCES OF INDEBTEDNESS............................18 Section 3. CORPORATE CONTRACTS AND INSTRUMENTS: HOW EXECUTED.....................................................................................................18 Section 4. CERTIFICATES FOR SHARES.....................................................................19 Section 5. LOST CERTIFICATES...................................................................................19 Section 6. REPRESENTATION OF SHARES OF OTHER CORPORATIONS.............19 Section 7. CONSTRUCTION AND DEFINITIONS............................... ....19 Section 8. SHAREHOLDER AGREEMENT...................................................................19 ` 6644$A225236Y] (;i) ARTICLEVIII. AMENDMENTS.................................................................................................2d Section 1. AMENDMENT BY SHAREHOLDERS Section 2. AMENDMENT BY DIRECTORS. .................................................................20 Section 3. RECORD OF AMENDMENTS. .....................................................................2d I i 5544814225235v 1 [iii] Ce BYLAWS Of KUAKINI HIGHWAY 75-6099 CORP., a California corporation ARTICLE 1. OFFICES Section 1. PRINCIPAL OFFICE. The board of directors shall fix the location of the principal executive office of the corporation at any place within or outside the State of California. If the principal executive office is located outside the State of California, and the corporation has one or more business office(s) in the State of California, the board of directors shall fix and designate a principal business office in the State of California. ARTICLE II. MEETINGS of SHAREHOLDERS Section 1. PLACE of MEETINGS. Meetings of shareholders shall be held at any place within or outside of the State of California designated by the board of directors or by the written consent of all persons entitled to vote thereat, which written consent is filed with the Secretary either before or after the meeting. Section 2. ANNUAL MEETING. The annual meeting of shareholders shall be held each year on a date and at a time designated by the board of directors. The date so designated shall be within fifteen (15) months following the last annual meeting. At each annual meeting directors shall be elected, and any other proper business may be transacted. Section 3. SPECIAL MEETING. A special meeting of the shareholders may be called at any time, subject to the provisions of Section 4 and Section 5 of this Article 11, by the board of directors, the chairman of the board, the president, or by holders of shares entitled to cast not less than ten percent(10%)of the votes at such meeting. If a special meeting is called by any person or persons other than the board of directors, the request shall be in writing, specifying the place, date and hour of such meeting and the general nature of the business proposed to be transacted,and shall be delivered personally or sent by registered mail or by telegraphic or other facsimile transmission to the chairman of the board, the president, any vice president, or the secretary of the corporation. The officer receiving the request shall cause notice to be promptly given to the shareholders entitled to vote that a meeting will be held at the time requested by the person or persons calling the meeting, not less than thirty-five (35) nor more than sixty (60) days after the receipt of the request. If the notice is not given within twenty (20) days after receipt of the request, the person or persons requesting the meeting may give the notice. Nothing contained in this Section 3 shall be construed as limiting, fixing or affecting the time when a meeting of shareholders called by action of the board of directors may be held. Section 4. N©TICS of SHAREHOLDERS' MEETINGS. Subject to the provisions of the foregoing Section 3, all notices of meetings of shareholders shall be sent or otherwise given in accordance with. Section 5 of this Article 11 of these Bylaws not less than ten (10) (or, if sent 6644814225236v1 I. by third-class mail,not less than thirty (30)} nor more than sixty (60) days before the date of the meeting. The notice shall specify the place, date and hour of the meeting and (i) in the case of a special meeting, the general nature of the business to be transacted, and no business other than that specified in the notice may be transacted, or (ii) in the case of the annual meeting, those matters which the board of directors, at the time of mailing the notice, intends to present for action by the shareholders, but subject to the provisions of the next paragraph of this Section 4, any proper matter may be presented at the meeting for such action. The notice of any meeting at which directors are to be elected shall include the names of nominees intended at the time of the notice to be presented by the board for election. If action is proposed to be taken at any meeting for approval of (i)a contract or transaction in which a director has a direct or indirect financial interest, pursuant to Section 310 of the California Corporations Code (the "Code"), (ii)an amendment of the Articles of Incorporation, pursuant to Section 902 of the Code, (iii)a reorganization of the corporation, pursuant to Section 1201 of the Code, (iv)a voluntary dissolution of the corporation, pursuant to Section 1900. of the Code, or (v)a distribution in dissolution other than in accordance with the rights of outstanding preferred shares, pursuant to Section 2007 of the Code, the notice shall also state the general nature of that proposal. Section S. MANNER of GIVING NOTICE; AFFIDAVIT n NOTICE. Notice of any meeting of shareholders shall be given either personally or by first-class mail, or, if the corporation has outstanding shares held of record by five hundred (500) or more persons (determined as provided in Section 605 of the Code) on the record date for the shareholders' meeting, notice may be sent by third-class mail, or other means of written communication, addressed to the shareholder at the address of that shareholder appearing on the books of the corporation or given by the shareholder to the corporation for the purpose of notice. If no such address appears on the corporation's books or is given, notice shall be deemed to have been given if sent to that shareholder at the corporation's principal executive office, or if published at least once in a newspaper of general circulation in the county where that office is located.Notice shall be deemed to have been given at the time when delivered personalty or deposited in the mail or sent by other means of written communication. If any notice or report addressed to the shareholder at the address of such shareholder appearing on the books of the corporation is returned to the corporation by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver the notice or report to the shareholder at such address, all future notices or reports shall be deemed to have been duly given without further mailing if the same shall be available for the shareholder upon written demand of the shareholder at the principal executive office of the corporation for a period of one year from the date of the giving of the notice or report to all other shareholders. An affidavit of the mailing of any notice or report in accordance with the provisions of this Section 5, executed by the secretary, assistant secretary, or any transfer agent of the corporation shall be prima facie evidence of the giving of the notice or report and shall be filed and maintained in the minute book of the corporation. Section 6. QUORUM. The presence in person or by proxy of the holders of a majority of the shares entitled to vote at any meeting of shareholders shall constitute a quorum 6644gW225 236x1 2. i { G* for the transaction of business. Where the Shareholder Agreement (as defined in Section 8 of Article VII hereof) requires a greater vote with regard to any matter, then such greater amount shall constitute the quorum requirement for such matter. The shareholders present at a duly called or held meeting at which a quorum is present may continue to do business until s adjournment, notwithstanding the withdrawal of enough shareholders to leave less than a quorum, if any action taken (other than adjournment) is approved by at least a majority of the shares required to constitute a quorum. Section 7. ADJOURNED MEETING,• NOTICE. Any shareholders meeting, annual or special, whether or not a quorum is present, may be adjourned from time to time by the vote of the majority of the shares represented at that meeting, either in person or by proxy, but in the dl absence of a quorum (except as set forth in Section 6 of this Article II), no other business may be transacted at that meeting. Notice need not be given of the adjourned meeting if the time and i place are announced at the meeting at which the adjournment is taken, unless a new record date for the adjourned meeting is fixed, or unless the adjournment is for more than forty-five (45) days from the date set for the original meeting, in which case notice of any such adjourned meeting shall be given in the same manner as notice of the original meeting. At the adjourned meeting, the corporation may transact any business which might have been transacted at the original meeting. 4 2 Section 8. VOTING. The shareholders entitled to vote at any meeting of shareholders I� shall be determined in accordance with the provisions of Section 11 of this Article Il, subject to the provisions of Section 702 to 704, inclusive, of the Code (relating to voting shares held by a l fiduciary,in the name of a corporation, or in joint ownership). The shareholders' vote may be by voice vote or by ballot; provided, however, that any election for directors must be by ballot if demanded by any shareholder at the meeting and before the voting has begun. On any matter other than elections of directors, any shareholder may vote part of the shares in favor of the proposal and refrain from voting the remaining shares or vote them against the proposal, but, if the shareholder fails to specify the number of shares which he is voting affirmatively, it will be conclusively presumed that the shareholder's approving vote is with respect to all shares that the shareholder is entitled to vote. The affirmative vote of the majority of the shares represented and voting a at dulyheld " meeting at which a quorum is present(which shares voting affirmatively also constitute at least a majority of the required quorum) shall be the act of the shareholders, unless the vote of a greater number or voting by classes is required by the Code or by the Articles of Incorporation, these Bylaws or the Shareholder Agreement. At a shareholders' meeting at which directors are to be elected, a shareholder shall be entitled to cumulate votes either (i)by giving one candidate a number of votes equal to the number of directors to be elected multiplied by the number of votes to which that shareholder's shares are normally entitled or (ii) by distributing the shareholder's votes on the same principle among as many candidates as the shareholder thinks fit if the candidates' names have been placed in nomination prior to commencement of the voting and the shareholder has given notice at the meeting and prior to the voting of the shareholder's intention to cumulate the shareholder's votes. If any one shareholder has given such notice, all shareholders may so cumulate their votes for the candidates in nomination. The candidates receiving the highest number of affirmative 66448142252361 3_ ;��i votes, up to the number of directors to be elected, shall be elected; votes against any candidate and votes withheld shall have no legal effect. Section 9. WAIVER of NOTICE or CONSENT_by ABSENT SHAREHOLDERS. The transactions of any meeting of shareholders, either annual or special, however called and noticed, and wherever held, shall be as valid as though had at a meeting duly held after regular call and notice, if a quorum be present either in person or by proxy, and if, either before or after the meeting, each person entitled to vote, not present in person or by proxy, signs a written waiver of notice or a consent to the holding of the meeting, or an approval of the minutes. The waiver of notice or consent need not specify either the business to be transacted or the purpose of any annual or special meeting of shareholders, except that if action is taken or proposed to be taken for approval of any of those matters specified in the second paragraph of Section 4 of this Article II, the waiver of notice or consent shall state the general nature of the proposal. All such waivers, consents or approvals shall be filed with the corporate records or made a part of the minutes of the meeting. Attendance by a person at a meeting shall also constitute a waiver of notice of that meeting, except when the person objects, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened, and except that attendance at a meeting is not a waiver of any right to object to the consideration of matters required by the Code to be included in the notice of the meeting, but not so included, if that objection is expressly made at the meeting. Section 10. SHAREHOLDER ACTION by WRITTEN CONSENT WITHOUT a �� MEETING. Any action which may be taken at any annual or special meeting of shareholders may be taken without a meeting and without prior notice, if a consent in writing,setting forth the action so taken, is signed by the holders of outstanding shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all shares entitled to vote on that action were present and voted. In the case of election of directors, such a consent shall be effective only if signed by the holders of all outstanding shares entitled to vote for the election of directors;provided, however, that a director may be elected at any time to fill a vacancy on the board of directors {that has not been filled by action of the directors} by the written consent of the holders of a majority of the outstanding shares entitled to vote for the election of directors. All such consents shall be filed with the secretary of the corporation and shall be maintained in the corporate records, Any shareholder giving a written consent, or the shareholder's proxy holders, or a transferee of the shares or a personal representative of the shareholder or their respective proxy holders, may revoke the consent by a writing received by the secretary of the corporation before written consents of the number of shares required to authorize the proposed action have been fled with the secretary of the corporation, but may not do so thereafter. Such revocation is effective upon its receipt by the secretary of the corporation. If the consents of all shareholders entitled to vote have not been solicited in writing, and if the unanimous written consent of all such shareholders shall not have been required, the secretary shall give prompt notice{in the same manner specified in Section S of this Article II}of - 6644M4225236Y 1 q Ge ( 16 the corporate action approved by the shareholders without a meeting to those shareholders entitled to vote who have not consented to in writing. In the case of approval of(i) contracts or transactions in which a director has a direct or indirect financial interest, pursuant to Section 310 of the Code, (ii) indemnification of"agents" of the corporation, pursuant to Section 317 of the Code, (iii)a reorganization of the corporation, pursuant to Section 1201 of the Code, and (iv) a distribution in dissolution other than in accordance with the rights of outstanding preferred. shares, pursuant to Section 2007 of the Code, the notice shall be given at least ten (10) days before the consummation of any action authorized by that approval, unless the consents of all shareholders entitled to vote have been solicited in writing. Section 11. RECORD DATE for SHAREHOLDER NOTICE, VOTING and GIVING CONSENTS. For purposes of determining the shareholders entitled to notice of any meeting or to vote or entitled to give consent to corporate action without a meeting, the board of directors may fix, in advance, a record date, which shall not be more than sixty (60) days nor less than ten (10) days before the date of any such meeting nor more than sixty (60) days before any such action without a meeting, and in such event only shareholders of record at the close of business on the date so fixed are entitled to notice and to vote or to give consents, as the case may be, notwithstanding any transfer of any shares on the books of the corporation after the record date. If the board of directors does not so fix a record date: (a) The record date for determining shareholders entitled to notice or to vote at a meeting of shareholders shall be at the close of business on the business day next preceding the date on which notice is given or, if notice is waived, at the close of business on the business day next preceding the day on which the meeting is held. (b) The record date for determining shareholders entitled to give consent to corporate action in writing without a meeting, (i)when no prior action by the board has been taken, shall be the day on which the first written consent is given,or(ii)when prior action of the board has been taken, shall be at the close of business on the day on which the board adopts the resolution relating to that action, or the sixtieth (60"') day before the date of such other action, whichever is later. A determination of shareholders of record entitled to notice of or to vote at a meeting of shareholders shall apply to any adjournment of the meeting unless the board fixes a new record date for the adjourned meeting, but the board shall fix a new record date if the meeting is adjourned for more than forty-five(45) days from the date set for the original meeting. The record date for any other purpose shall be as provided in Section 1 of Article VII I' hereof. Section 12. PROXIES. Every person entitled to vote shares shall have the right to do so either in person or by one or more agents authorized by a written proxy signed or an electronic transmission authorized by the person and filed with the secretary of the corporation. A proxy shall be deemed signed if the shareholder's name or other authorization is placed on the proxy (whether by manual signature, typewriting, telegraphic or electronic transmission or otherwise) ` by the shareholder or the shareholder's attorney-in-fact. A proxy may be transmitted by an oral 664494225236vi 5. P telephonic transmission if it is submitted with information from which it may be determined that the proxy was authorized by the shareholder, or his or her attorney in fact. A duly executed proxy shall continue in full force and effect unless revoked by the person executing it before the vote pursuant to that proxy, by a writing delivered to the corporation stating that the proxy is revoked, or by a subsequent proxy executed by, or attendance at the meeting and voting in person by, the person executing the proxy; or if written notice of the death or incapacity of the maker of that proxy is received by the corporation before the vote pursuant to that proxy is counted; provided, however, that no proxy shall be valid after the expiration of eleven (11) months from the date of the proxy, unless otherwise expressly provided in the proxy. The revocability of a proxy that states on its face it is irrevocable shall be governed by the provisions of Section 705(e)and 705(f) of the Code. Section 13. INSPECTORS oLELECTION. Prior to any meeting of shareholders, the board of directors may appoint any persons to act as inspectors of election at the meeting and any adjournment thereof. If no inspectors of election are so appointed, the chairman of the meeting may, and on the request of any shareholder or a shareholder's proxy shall, appoint inspectors of election at the meeting. The number of inspectors shall be either one or three. If appointed at a meeting on the request of one or more shareholders or proxies,the majority of shares represented in person or by proxy shall determine whether one or three inspectors are to be appointed, If any person appointed as inspector fails to appear or fails or refuses to act, the chairman of the meeting may, and upon the request of any shareholder or a shareholder's proxy shall, appoint a person to fill that vacancy. The duties of the inspectors shall include: (a) Determining the number of shares outstanding and the voting power of each; the shares represented at the meeting; the existence of a quorum; and the authenticity, validity, and effect of proxies; (b) Receiving votes,ballots, or consents; (c) Hearing and determining all challenges and questions in any way arising in connection with the right to vote; (d) Counting and tabulating all votes or consents; (e) Determining when the polls shall close; (f) Determining the result; and (g) Doing any other acts that may be proper to conduct the election or vote with fairness to all shareholders. The inspectors of election shall perform their duties impartially, in good faith, to the best of their ability and as expeditiously as is practical. If there are three inspectors of election, the decision, act or certificate of a majority is effective in all respects as the decision, act or 66448l4225236vi 6. p e certificate of all. Any report or certificate made by the inspectors of election is prima facie evidence of the facts stated therein. ARTICLE III. DIRECTORS Section 1. POWERS. Subject to the Code and any limitations in the Articles of Incorporation, these Bylaws or the Shareholder Agreement relating to action required to be approved by the shareholders or by the outstanding shares, the business and affairs of the corporation shall be managed and all corporate powers shall be exercised by or under the 4; direction of the board of directors. Without prejudice to such general powers, and subject to the same limitations, the board shall have the power to: (a) Select and remove all officers, agents and employees of the corporation; prescribe any powers and duties for them that are consistent with the law, with the Articles of Incorporation, and with these Bylaws; fix their compensation; and require from them security for faithful service; (b) Conduct, manage and control the affairs and business of the corporation; P (c) Adopt, make, and use a corporate seal; prescribe the forms of certificates of stock;and alter the form of the seal and certificates; (d) Authorize the issuance of shares of stock of the corporation from time to time, upon such terms and for such consideration as may be lawful; and. (e) Borrow money and incur indebtedness on behalf of the corporation, and cause to be executed and delivered for the corporation's purposes, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of debt and securities. Section 2. NUMBER and QUALIFICATIONS of DIRECTORS. The authorized number of directors shall three (3). After the issuance of shares, this number may be changed only by an amendment to the Articles of Incorporation or the Bylaws approved by the affirmative vote or written consent of a majority of the outstanding shares entitled to vote. After the issuance of shares, a bylaw specifying or changing a fixed number of directors or the maximum or minimum number or changing from a fixed to a variable board or vice versa may only be adopted by approval of the outstanding shares;provided,fitrther, that an amendment to these Bylaws reducing the fixed number or the minimum number of directors from a number greater than or equal to five (5)to a number less than five (5) cannot be adopted if the votes cast against the adoption at a meeting, or the shares not consenting in the case of action by written consent, are equal to more than sixteen and two-thirds percent (16-213%) of the outstanding shares entitled to vote. Section 3. ELECTION and TERM of OFFICE. Directors shall be elected at each I j annual meeting of the shareholders. If any such annual meeting is not held or the directors are j� 66448\4225236y] 7. d 'i i not elected at an annual meeting, the directors may be elected at any special meeting of shareholders held for that purpose. Each director shall hold office until the expiration of the term for which elected and until a successor has been elected and qualified. Section 4. REMOVAL. Subject to the terms and provisions of the Shareholder Agreement, the entire board of directors or any individual director may be removed from office without cause by the affirmative vote of a majority of the outstanding shares entitled to vote on such removal; provided, however, that unless the entire board is removed, no individual director may be removed when the votes cast against such director's removal, or not consenting in writing to such removal, would be sufficient to elect that director if voted cumulatively at an election at which the same total number of votes cast were (or, if such action is taken by written consent, all shares entitled to vote were voted) and the entire number of directors authorized at the time of such director's most recent election were then being elected. Section 5, RESIGNATION and VACANCIES. Any director may resign effective upon giving written notice to the chairman of the board, the president, the secretary, or the board of directors, unless the notice specifies a later time for that resignation to become effective. If the resignation is effective at a future time,the board of directors may elect a successor to take office when the resignation becomes effective. Subject to the terms and provisions of the Shareholder Agreement, vacancies on the board of directors may be filled by a majority of the remaining directors, or if the number of directors then in office is less than a quorum by (i) unanimous written consent of the directors then in office, (ii)the affirmative vote of a majority of the directors then in office at a meeting held pursuant to notice or waivers of notice, or (iii)a sole remaining director; however, a vacancy created by the removal of a director by the vote or written consent of the shareholders or by court order may be filled only by the affirmative vote of a majority of the shares represented and voting at a duly held meeting at which a quorum is present (which shares voting affirmatively also constitute at least a majority of the required quorum), or by the unanimous written consent of all shares entitled to vote thereon. Each director so elected shall hold office until the next annual meeting of the shareholders and until a successor has been elected and qualified,or until the director's death, resignation or removal Subject to the terms and provisions of the Shareholder Agreement, a vacancy or vacancies in the board of directors shall be deemed to exist in the event of the death, resignation, or removal of any director, if the board of directors by resolution declares vacant the office of a director who has been declared of unsound mind by an order of court or convicted of a felony, or if the authorized number of directors is increased, or if the shareholders fail, at any meeting of shareholders at which any director or directors are elected, to elect the full authorized number of directors to be elected at that meeting. I Subject to the terms and provisions of the Shareholder Agreement, the shareholders may elect a director or directors at any time to fill any vacancy or vacancies not filled by the directors, but any such election by written consent, other than to fill a vacancy created by removal, shall require the consent of a majority of the outstanding shares entitled to vote. A director may not be elected by written consent to fill a vacancy created by removal except by unanimous consent of all shares entitled to vote for the election of directors. 6644814225236x] 8 c No reduction of the authorized number of directors shall have the effect of removing any director before that director's term of office expires. Section 6. PLACE of MEETINGS and MEETINGS b - y TELEPHONE. Regular and special meetings of the board of directors may be held at any place within or outside of the State of California which has been designated from time to time by the board or by the person calling the meeting. In the absence of such designation, meetings shall be held at the principal executive office of the corporation. Any meeting, regular or special, may be held by conference telephone or similar communications equipment, so long as all directors participating in the meeting can hear one another. Participation in a meeting pursuant to this paragraph constitutes presence in person at such meeting. Section 7. ANN-UAL MEETING, Immediately following each annual meeting of shareholders, the board of directors shall hold a regular meeting for the purpose of organization, election of officers, and the transaction of other business. Notice of this meeting shall not be required. Section 8. OTHER REGULAR MEETINGS. Other regular meetings of the board of directors shall be held without notice at such place and time as shall from time to time be fixed by the board of directors. Section 9. SPECIAL MEETINGS. Special meetings of the board for any purpose or purposes may be called at any time by the chairman of the board, the president,the secretary OT any two directors. Special meetings shall be held upon four days' written notice by mail, or forty-eight (48) hours' notice given personally or by telephone, telegraph, telex, or other similar means, addressed or delivered to each director as appears on the records of the corporation or as may have been designated by the director for purposes of notice. Such notice need not specify the purpose of the meeting. Section 10. QUORUM. Subject to the terms and provisions of the Shareholder Agreement,a majority of the authorized number of directors constitutes a quorum of the board of directors for the transaction of business, except to adjourn as provided in Section 12 of this Article III. Every act or decision done or made by a majority of the directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the board subject to the provisions of Section 310 of the Code (as to approval of contracts or transactions in which a director has a direct or indirect material financial interest), Section 311 of the Code (as to appointment of committees),and Section 317(e) of the Code(as to indemnification of directors). A meeting at which a quorum is initially present may continue to transact business notwithstanding the withdrawal of directors, if any action taken is approved by at least a majority of the required quorum for such meeting. Section 11. WAIVER of NOTICE. Notice of a meeting need not be given to any director who signs a waiver of notice or a consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting, or who attends the meeting without protesting, prior thereto or at its commencement, the lack of notice to such director. All such waivers, consents, and approvals shall be filed with the corporate records or made a part of the 66448\4225236vl 9. minutes of the meeting. A waiver of notice need not specify the purpose of any regular or special meeting of the board of directors. Section 12. ADJOURNMENT. A majority of the directors present, whether or not constituting a quorum,may adjourn any meeting to another time and place. Section 13. NOTICE o ADJOURNMENT. If the meeting is adjourned for more than twenty-four (24) hours, notice of any adjournment to another time and place shall be given before the time of the adjourned meeting to the directors who were not present at the time of the adjournment. Section 14. ACTION WITHOUT MEETING. Any action required or ,permitted to be taken by the board may be taken without a meeting, if all members of the board shall individually or collectively consent in writing to such action. Such written consent or consents shall have the same force and effect as a unanimous vote of the board of directors and shall be filed with the minutes of the proceedings of the board. Section 15. FEES and COMPENSATION of DIRECTORS. Directors and members of committees may receive such compensation, if any, for their services,and such reimbursement of expenses, as may be fixed or determined by the board from time to time.. Section 16. COMMITTEES of DIRECTORS. Subject to the terms and provisions of the Shareholder Agreement, the board may, by resolution adopted by a majority of the authorized number of directors, designate one or more committees,each consisting of two or more directors, to serve at the pleasure of the board. The board may designate one or more directors as alternate members of any committee, who may replace any absent member at any meeting of the committee. The appointment of members or alternate members of a committee requires the vote of a majority of the authorized number of directors. The board may delegate to such committees any of the authority of the board, except with respect to: (a) The approval of any action which, under the Code, also requires shareholders' approval or approval of the outstanding shares; (b) The filling of vacancies on the board or on any committee; (c) The fixing of compensation of the directors for serving on the board or on any committee; (d) The amendment or repeal of Bylaws or the adoption of new Bylaws; (e) The amendment or repeal of any resolution of the board of directors which by its express terms is not so amendable or repealable; (f) A distribution to the shareholders of the corporation, except at a rate or in a periodic amount or within a price range determined by the board; or (g) The appointment of any other committees of the board or the members thereof. �i 66448W225236v 10. i AML rA r`I ARTICLE IV. ' OFFICERS Section 1. OFFICERS. Subject to the terms and provisions of the Shareholder Agreement, the officers of the corporation shall be a president, a secretary, and a chief financial officer. The corporation may also have, at the discretion of the board, a chairman of the board, j one or more vice presidents, one or more assistant secretaries, a treasurer, one or more assistant treasurers, and such other officers as may be appointed in accordance with the provisions of Section 3 of this Article IV. Any number of offices may be held by the same person. Section 2. ELECTION of OFFICERS. Subject to the terms and provisions of the Shareholder Agreement,the officers of the corporation,n, except such officers as may be appointed in accordance with the provisions of Section 3 or Section 5 of this Article IV, shall be chosen by the board of directors, and each shall serve at the pleasure of the board, subject to the rights, if any, of an officer under any contract of employment. j Section 3. SUBORDINATE OFFICERS. Subject to the terms and provisions of the Shareholder Agreement, the board may appoint, and may empower the president to appoint,such other officers as the business of the corporation may require, each of whom shall hold office for such period, have such authority and perform such duties as are provided in the Bylaws or as the board may from time to time determine. Section 4. REMOVAL and RESIGNATION of OFFICERS. Subject to the terms and provisions of the Shareholder Agreement, and without prejudice to the rights, if any, under any contract of employment, any officer may be removed, either with or without cause, by the board of directors or, except in case of an officer chosen by the board of directors, by any officer upon whom such power of removal may be conferred by the board. Any officer may resign at any time by giving written notice to the corporation. Any resignation shall take effect at the date of the receipt of that notice or at any later time specified in that notice; and, unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any resignation is without prejudice to the rights, if any, of the corporation under any contract to which the officer is a party. Section 5. VACANCIES in OFFICES. A vacancy in any office because of death, resignation, removal, disqualification or any other cause shall be filled in the manner prescribed in these Bylaws for regular appointments to that office. Section G. CHAIRMAN of the BOARD_. Subject to the terms and provisions of the Shareholder Agreement,the chairman of the board, if such an officer be elected, shall, if present, preside at meetings of the board and exercise and perform such other powers and duties as may from time to time be assigned to him by the board. If there is no president, the chairman of the board shall also be the chief executive officer of the corporation and shall have the powers and duties prescribed in Section 7 of this Article IV. Section 7. PRESIDENT. Subject to the terms and provisions of the Shareholder Agreement, and such supervisory powers, if any, as may be given by the board of directors to the chairman of the board, if there be such an officer, the president is the general manager and chief 6644814225236v1 11 I,i executive officer of the corporation, and subject to the control of the board of directors, has general supervision, direction, and control of the business and the officers of the corporation. The president shall preside at all meetings of the shareholders and, in the absence of the chairman of the board, or if there be none, at all meetings of the board. The president shall have the general powers and duties of management usually vested in the office of president of a corporation, and shall have such other powers and duties as may be prescribed by the board. Section 8. _VICE PRESIDENTS. Subject to the terms and provisions of the Shareholder Agreement, in the absence or disability of the president, the vice presidents, if any, in order of their rank as fixed by the board or, if not ranked, the vice president designated by the board, shall perform all the duties of the president, and when so acting shall have all the powers of, and be subject to all the restrictions upon, the president. The vice presidents shall have such other powers and perform such other duties as from time to time may be prescribed for them respectively by the board of directors. Section 9. SECRETARY. Subject to the terms and provisions of the Shareholder Agreement,the secretary shall keep or cause to be kept, at the principal executive office and such other place as the board may direct, a copy of these Bylaws and a book of minutes of all meetings of directors, committees of directors, and shareholders, with the time and place of holding, whether regular or special, and, if special, how authorized, the notice given, the names of those present at directors' meetings or committee meetings, the number of shares present or represented at shareholders' meetings, and the proceedings. Subject to the terms and provisions of the Shareholder Agreement, the secretary shall keep or cause to be kept at the principal executive office or at the office of the corporation's transfer agent or registrar, as determined by the board, a share register, or a duplicate share register, showing the names of all shareholders and their addresses, the number and classes of shares held by each, the number and date of certificates issued for the same, and the number and date of cancellation of every certificate surrendered for cancellation. Subject to the terms and provisions of the Shareholder Agreement, the secretary shall give,or cause to be given,notice of all meetings of the shareholders and of the board required by these Bylaws or by law to be given, and shall keep the seal of the corporation in safe custody, and shall have such other powers and perform such other duties as may be prescribed by the board of directors. Section 10. CHIEF FINANCIAL OFFICER. Subject to the terms and provisions of the Shareholder Agreement, the chief financial officer shall keep and maintain, or cause to be kept and maintained, adequate and correct books and records of accounts of the properties and business transactions of the corporation, and shall send or cause to be sent to the shareholders such financial statements as are required by law or these Bylaws. Subject to the terms and provisions of the Shareholder Agreement, the chief financial officer shall deposit all moneys and other valuables in the name and to the credit of the j corporation with such depositaries as may be designated by the board. The chief financial officer shall disburse the funds of the corporation as may be ordered by the board, shall render to the president and directors, whenever they request it, an account of all of his or her transactions as �- 6644&4225236W1 12. r chief financial officer and of the financial condition of the corporation, and shall have such other powers and perform such other duties as may be prescribed by the board of directors. The chief financial officer shall, unless otherwise designated by the Board, be the Treasurer of the corporation. ARTICLE V. INDEMNIFICATION of DIRECTORS, OFFICERS, EMPLOYEES and OTHER AGENTS Section 1. DEFINITIONS. For the purposes of this Article V, "agent" means any person who is or was a director, officer, employee or other agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise, or was a director, officer, employee or agent of a foreign or domestic corporation which was a predecessor corporation of the corporation or of another enterprise at the request of such predecessor corporation; "proceeding" means any threatened, pending or completed action or proceeding, whether civil, criminal, administrative or investigative; and "expenses" includes without limitation attorneys' fees and any expenses of establishing a right to indemnification under Section 4 of this Article V or Section 5(3)of this Article V. s — Section 2. ACTIONS by THIRD PARTIES. The corporation shall have the power to indemnify any person who was or is a party or is threatened to be made a party to any proceeding (other than an action by or in the right of the corporation to procure a judgment in its favor) by reason of the fact that such person is or was an agent of the corporation, against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the corporation and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful. The termination of any proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which theerson reasonably sanably believed to be in the best interests of the corporation or that the person had reasonable cause to believe that the person's conduct was unlawful. R Section 3. ACTIONS_ BY or IN THE RIGHT of the CORPORATION. The corporation shall have the power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action by or in the right of the corporation to procure a judgment in its favor by reason of the fact that such person is or was an agent of the corporation, against expenses actually and reasonably incurred by such person in connection with the defense or settlement of such action if such person acted in good faith and in ' a manner such person believed to be in the best interests of the corporation and its shareholders. No indemnification shall be made pursuant to this Section 3: (1) In respect of any claim, issue or matter as to which such person shall have been adjudged to be liable to the corporation in the performance of such person's duty to the t ( � 6644814225236v1 13. corporation and its shareholders, unless and only to the extent that the court in which such proceeding is or was pending shall determine upon application that, in view of all the circumstances of the case,such person is fairly and reasonably entitled to indemnity for expenses and then only to the extent that the court shall determine; (2) Of amounts paid in settling or otherwise disposing of a pending action without court approval;or (3) Of expenses incurred in defending a pending action which is settled or otherwise disposed of without court approval. Section 4. MANDATORY INDEMNIFICATION. To the extent that an agent of the corporation has been successful on the merits in defense of any proceeding referred to in Section 2 or Section 3 of this Article V or in defense of any claim, issue or matter therein, the agent shall be indemnified against expenses actually and reasonably incurred by the agent in connection therewith. Section S. AUTHORIZATION o INDEMNIFICATION. With respect to indemnification under Section 2 or Section 3 of this Article V (but not with respect to indemnification under Section 4 of this Article V), a determination whether indemnification of the agent is proper in the circumstances because the agent has met the applicable standard of conduct set forth in Section 2 or Section 3 of this Article V, shall be made by any of the following within ninety (90) days following the conclusion, termination, settlement or other resolution of a proceeding with respect to an agent: (1) A majority vote of a quorum consisting of directors who were not parties to such proceeding; or (2) If such a quorum of directors is not obtainable, by independent legal counsel in a written opinion; or (3) Approval of the shareholders(as defined in Section 153 of the Code), with the shares owned by the person to be indemnified not being entitled to vote thereon; or (4) The court in which such proceeding is or was pending upon application made by the corporation or the agent or the attorney or other person rendering services in connection with the defense, whether or not such application by the agent, attorney or other person is opposed by the corporation. Section 6. ADVANCED EXPENSES. Expenses incurred in defending any proceeding may be advanced by the corporation prior to the final disposition of such proceeding upon receipt of an undertaking by or on behalf of the agent to repay such amount if it shall be determined ultimately that the agent is not entitled to be indemnified as authorized in this Article V. Section 7. LIMITATIONS. Except as provided in Section 4 of this Article V or Section 5(3) of this Article V, no indemnification or advance shall be made by the corporation in any circumstance where it appears;. 6644814225235W1 14• P s G (1) That it would be inconsistent with a provision of the Articles of Incorporation of the corporation, these Bylaws, a resolution of the shareholders or an agreement in effect at the time of the accrual of the alleged cause of action asserted in the proceeding in which the expenses were incurred or other amounts were paid, which prohibits or otherwise limits indemnification; or (2) That it would be inconsistent with any condition expressly imposed by a court in approving a settlement;or (3) That expenses of defense or investigation were or are incurred without the corporation's consent (which consent may not be unreasonably withheld); or (4) That final payment is actually made to the agent under an insurance policy maintained by the corporation, except in respect of any excess beyond the amount of payment. under the policy; or (S) That payment is actually made to the agent under an indemnity by the corporation otherwise than pursuant to this Article V, except in respect of any excess beyond the amount of payment under that indemnity; or (6) That the agent gained any personal profit or advantage to which not legally entitled; or (7) That an accounting of profits is determined to have been made from the purchase or sale by the agent of securities of the corporation pursuant to the provisions of Section 16(b) of the Securities Exchange Act of 1934 and amendments thereto or similar provisions of any federal, state or local statutory laws; or (8) That the agent committed acts or omissions involving intentional misconduct or a knowing and culpable violation of law. Section 8. OTHER RIGHTS and REMEDIES. The indemnification provided by this Article V shall not be deemed exclusive of, and shall not affect, any other rights to which an agent seeking indemnification may be entitled under any law, bylaw, agreement, vote of shareholders or disinterested directors or otherwise, both as to action in an official capacity and as to action in another capacity while holding such office; provided, however, that no indemnification shall be provided pursuant to this Article V or otherwise for any acts or omissions or transactions from which a director may not be relieved of liability as set forth in Code Section 204(a)(10) or as to circumstances in which indemnification is expressly prohibited by Code Section 317. The indemnification provided by this Article V -shall continue as to a person who has ceased to be an agent and shall inure to the benefit of the heirs, executors and j' administrators of such person. All rights to indemnification under this Article V shall be deemed to be provided by a contract between the corporation and the agent who serves in such capacity at any time while these Bylaws and other relevant provisions of the Code and other applicable law, if any, are in effect. Any repeal or modification of these Bylaws or any such law shall not I affect any rights or obligations existing at the time of such repeal or modification. i 66448W225236v t 15, I Section 9. SUBROGATION. In the event of payment by the corporation of a claim under Section 2 or Section 3 of this Article V, the corporation shall be subrogated to the extent of such payment to all of the rights of recovery of the indemnified person, who shall execute all papers required and shall do everything that may be necessary or appropriate to secure such rights, including the execution of such documents necessary or appropriate to enable the corporation effectively to bring suit to enforce such rights. Section 10. FUNDING nf INDEMNIFICATION. The corporation shall have power to purchase and maintain insurance on behalf of any agent of the corporation against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such whether or not the corporation would have the power to indemnify the agent against such liability under the provisions of this Article V. The company issuing such a policy of insurance may be owned in whole or in part by the corporation if- of fof the Code; or (1) The policy issued is limited to the extent provided by Section 204(a)(1 1) (2) (A) The company issuing the insurance policy is organized, licensed, and operated in a manner that complies with the insurance laws and regulations applicable to its jurisdiction of organization, (B) the company issuing the policy provides procedures for processing claims that do not permit that company to be subject to the direct control of the corporation that purchased the policy,and(C)the policy issued provides for some manner of risk sharing between the issuer and purchaser of the policy, on the one hand, and some unaffiliated person or persons, on the other hand, such as by providing for more than one unaffiliated owner of the company issuing the policy or by providing that a portion of the coverage furnished will be obtained from some unaffiliated insurer or reinsurer. The corporation may create a trust fund, grant a security interest or use other means (including, but not limited to, a letter of credit or a pledge of cash or cash equivalent) to ensure the payment of such sums as may be needed to fund indemnification as provided herein. Section 11. INDEMNIFICATION of THIRD PARTIES. Nothing contained in this Article V shall affect any right to indemnification to which persons other than directors and officers of the corporation may be entitled by contract or otherwise. Section 12. EXPENSES as a WITNESS. To the extent that any agent of the corporation is by reason of that position a witness in any action, suit or proceeding,he or she will be indemnified against all costs and expenses actually and reasonably incurred by him or her or on his or her behalf in connection therewith. Section 13. SAVINGS CLAUSE. If this Article V or any portion thereof shall be invalidated on any ground by any court of competent jurisdiction, then the corporation shall nevertheless indemnify each agent as to expenses (including attorneys' fees), judgments, fines and amounts paid in settlement with respect to any proceeding, including an action by or in the right of the corporation to procure a judgment in its favor, to the full extent permitted by any applicable portion of this Article V or as permitted by any other applicable law, agreement, vote of stockholders or disinterested directors or otherwise. 6644814225236v1 16 Is` I� Ice ARTICLE VI. RECORDS and REPORTS Section 1. INSPECTION otSHARE REGISTER. The corporation shall keep either at its principal executive office or at the office of its transfer agent or registrar (if either be appointed), as determined by resolution of the board of directors, a record of its shareholders listing the names and addresses of all shareholders and the number and class of shares held by each shareholder. A shareholder or shareholders of the corporation holding at least five percent in the aggregate of the outstanding voting shares of the corporation(or who hold at least one percent of such voting shares and have filed a schedule 14-B with the SEC) relating to the election of directors of the corporation can (i) inspect and copy the records of shareholders' names and addresses and shareholdings during usual business hours on five business days' prior written demand upon the corporation, and/or (ii) obtain from the transfer agent of the corporation, upon written demand and upon the tender of such transfer agent's usual charges for such list, a list of the shareholders' names and addresses, who are entitled to vote for election of directors, and their shareholdings, as of the most recent record date for which that list has been compiled or as of a date specified by the shareholder after the date of demand. This list shall be made available to any such shareholder by the transfer agent on or before the later of five business days after the demand is received or the date specified in the demand as the date as of which the list is to be compiled. The record of shareholders shall also be open to inspection and copying on the written demand of any shareholder or holder of a voting trust certificate, at any time during usual business hours, for a purpose reasonably related to the holder's interests as a shareholder or as the holder of a voting trust certificate. Any inspection and copying under this Section 1 may be made in person or by an agent or attorney of the shareholder or holder of a voting trust certificate making the demand. Section 2. MAINTENANCE and INSPECTION of BYLAWS. The corporation shall keep at its principal executive office, or if its principal executive office is not in the State of California, at its principal business office in the State of California, the original or a copy of these Bylaws as amended to date, which shall be open to inspection by the shareholders at all reasonable times during office hours. If the principal executive office of the corporation is outside the State of California and the corporation has no principal business office in the State of California, the secretary of the corporation shall, upon the written request of any shareholder, o- furnish to that shareholder a copy of these Bylaws as amended to date. Section 3. MAINTENANCE and INSPECTION o>r OTHER CORPORATE RECORDS. The accounting books and records and minutes of proceedings of the shareholders and the board of directors and any committee or committees of the board shall be kept at the principal executive office of the corporation or at the office of the corporation's transfer agent or registrar. The minutes shall be kept in written form and the accounting books and records shall ' be kept either in written form or in any other form capable of being converted into written form. The minutes and accounting books and records shall be open to inspection upon the written demand of any shareholder or holder of a voting trust certificate, at any reasonable time during usual business hours, for a purpose reasonably related to the holder's interest as a shareholder or as a holder of a voting trust certificate. The inspection may be made in person or by an agent or 6644814225236vl 17. i' attorney, and shall include the right to copy and make extracts. These rights of inspection shall extend to the records of each subsidiary corporation of the corporation. Section 4. INSPECTION by DIRECTORS. Every director shall have the absolute right at any reasonable time to inspect all books, records, and documents of every kind and the physical properties of the corporation and each of its subsidiary corporations. This inspection by a director may be made in person or by an agent or attorney and the right of inspection includes the right to copy and make extracts of documents. Section 5. ANNUAL REPORT to SHAREHOLDERS. The annual report to shareholders referred to in Section 1501 of the Code is expressly waived (so long as this corporation has less than one hundred(100)shareholders),but nothing herein shall be interpreted as prohibiting the board from issuing annual or other periodic reports to shareholders of the corporation. ARTICLE VII. GENERAL CORPORATE MATTERS Section 1. RECORD DATE or PURPOSES OTHER THAN NOTICE and VOTING. For purposes of determining the shareholders entitled to receive payment of any dividend or other distribution or allotment of any rights or entitled to exercise any rights in respect of any other lawful action (other than with respect to notice or voting at a shareholders meeting or action by shareholders by written consent without a meeting), the board of directors may fix, in advance, a record date, which shall not be more than sixty (60) days before any such action, and in that case only shareholders of record at the close of business on the date so fixed are entitled to receive the dividend, distribution, or allotment of rights or to exercise the rights, as the case may be, notwithstanding any transfer of any shares on the books of the corporation after the record date so fixed,except as otherwise provided in the Code. If the board of directors does not so fix a record date, the record date for determining shareholders for any such purpose shall be at the close of business on the day on which the board adopts the applicable resolution or the sixtieth(60L")day before the date of that action, whichever is later. Section 2. CHECKS DRAFTS EVIDENCES oINDEBTEDNESS. All checks, drafts, or other orders for payment of money, notes, or other evidences of indebtedness, issued in the name of or payable to the corporation, shall be signed or endorsed by such person or persons and in such manner as, from time to time,shall be determined by the board of directors. Section 3. CORPORATE CONTRACTS and INSTRUMENTS: HOW EXECUTED. The board of directors, except as otherwise provided in these Bylaws, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of the corporation, and this authority may be general or confined to specific instances; and, unless so authorized or ratified by the board or within the agency power of an officer, no officer, agent, or employee shall have any power or authority to bind the corporation f by any contract or engagement or to pledge its credit or to render it liable for any purposes or for any amount. { a 6644844225236x1 !8 ........_.._..... Section 4. CERTIFICATES or SHARES. A certificate or certificates for shares of the capital stock of the corporation shall be issued to each shareholder when any of these shares are fully paid, and the board may authorize the issuance of certificates for shares as partly paid provided that these certificates shall state the amount of the consideration to be paid for them and the amount paid. All certificates shall be signed in the name of the corporation by the chairman of the board, president, or vice president, and by the chief financial officer or an assistant treasurer or the secretary or any assistant secretary, certifying the number of shares and the class or series of shares owned by the shareholder. Any or all of the signatures on the certificate may be by facsimile. In case any officer, transfer agent, or registrar who has signed or whose Efacsimile signature has been placed on a certificate shall have ceased to be that officer, transfer agent, or registrar before that certificate is issued, it may be issued by the corporation with the same effect as if that person were an officer,transfer agent,or registrar at the date of issue. Section 5. LOST CERTIFICATES. Except as provided in this Section 5, no new certificates for shares shall be issued to replace an old certificate unless the latter is surrendered to the corporation and cancelled at the same time. The board, in case any share certificate or certificate for any other security is lost, stolen or destroyed, may authorize the issuance of a k replacement certificate on such terms and conditions as the board may require, including provision for indemnification of the corporation secured by a bond or other adequate security sufficient to protect the corporation against any claim that may be made against it, including any expense or liability, on account of the alleged loss, theft, or destruction of the certificate or the issuance of the replacement certificate. Section 6. REPRESENTATION aARES of OTHER CORPORATIONS. The chairman of the board, the president, or any vice president, or any other person authorized by resolution of the board of directors or by any of the foregoing designated officers, is authorized to vote on behalf of the corporation any and all shares of any other corporation or corporations, foreign or domestic, standing in the name of the corporation. The authority granted to these officers to vote or represent on behalf of the corporation any and all shares held by the corporation in any other corporation or corporations may be exercised by any of these officers in person or by any person authorized to do so by a proxy duly executed by these officers. Section 7. CONSTRUCTION and DEFINITIONS. Unless the context requires otherwise, the general provisions, rules of construction, and definitions in the Code shall govern the construction of these Bylaws. Without limiting the generality of this provision, the singular number includes the plural, the plural number includes the singular, and the term "person„ includes both a corporation and a natural person. Section S. SHAREHOLDER AGREEMENT. To the fullest extent permitted by applicable law, any written agreement among the shareholders shall govern over the provisions of these Bylaws in the case of any conflict between such shareholder agreement and these Bylaws. 6644M4223236v1 19 ii. f ARTICLE VIII. AMENDMENTS Section 1. AMENDMENT hv SHAREHOLDERS. Subject to the terms and provisions of the Shareholder Agreement, new Bylaws may be adopted or these Bylaws may be amended or repealed by the vote or written consent of holders of a majority of the outstanding shares entitled to vote; provided, however, that if the Articles of Incorporation of the corporation set forth the number of authorized directors of the corporation, the authorized number of directors may be changed only by an amendment of the Articles of Incorporation. Section 2. AMENDMENT by DIRECTORS. Subject to the rights of the shareholders as provided in Section 1 of this Article VIII, Bylaws, other than a bylaw or an amendment of Bylaws changing the authorized number of directors (except to fix the authorized number of directors pursuant to a bylaw providing for a variable number of directors), may be adopted, amended, or repealed by the board of directors. Section 3. RECORD a AMENDMENTS. Whenever an amendment or new bylaw is adopted, it shall be copied in the minute book with the original Bylaws. If any bylaw is repealed, the fact of repeal, with the date of the meeting at which the repeal was enacted or written consent was filed, shall be stated in the minute book_ II _ I 6644814225236v1 20 6 \ � . ) ( : \ ` } ) \ \ CERTIFICATE of SECRETARY ) ) I the undersigned, certify that ! am the duly elected, qualified and acting Secretary of Kuagri! Highway 75-6099 Corp. a California corporation (the "Company"), and that the } foregoing SyswsO{!! me the Bylaws of the Company as dui adopted by the Sole \ Incorporator of the Company and ratified to Board of Directors of the Company by ) resolutions bodated as o£February 2d 2013. { � ! t A GRIFFIViSRI£EY, Serbry } ) \ { \ } j } } f / / } �\ } § ) \ } \ \ i } \ } \ \ ) } \ / } 664U4225 awl \ } } } EXHIBIT 4 Financial Statements Kuakini Highway 76-6099 Corp Balance Sheet June 30,2017 ASSETS current Assets Cash-Money Market $ 35,082.33 AR-Interest-MM Union Bank 12.21 Prepd-Insurance 928.33 Total Current Assets 36,022.87 Property and Equipment Land 2,563,854.55 Land Development Costs 1,236,534.50 Total Property and Equipment 3,800,389.05 Other Assets Acquisition Costs 241,405.63 Total Other Assets 241,405.63 iY Total Assets $ 4,077,817.55 LIABILITIES AND CAPITAL Current Liabilities AP TDA Inc Acctg Fees $ 1,800.00 Ctal Current Liabilities 1,800.00 Long-Term Liabilities Total Long-Tenn Liabilities 0.00 Total Liabilities 1,800.00 Capital Contribution 6,173,016.84 Retained Earnings (2,077,602.48) Net Income (19,396.81) Total Capital 4,076,017.55 Total Liabilities&Capital $ 4,077,817.55 r Unaudited-For Management Pw-poses Only i,� r j` Kuakini Highway 76-6099 Corp Income Statement For the Six Months Ending.lune 30,2017 Current Month Year to Date enues interest income-Money Market S 12.21 100.00 $ 69.86 100.00 Total Revenues 12.21 100.00 69.86 100.00 Cost of Sales Total Cost of Sales 0.00 0.00 0.00 0.00 Gross Profit 12.21 100.00 69.86 100.00 Expenses Insurance-GL&Pollution 13.15 107.70 79.00 113.08 Real Estate Taxes 2,061.50 16,883.7 12,369.00 17,705.4 AdminExp_Bus Taxes/Licenses 0.00 0.00 26.00 37.22 Insurance-D&O 141.54 1,159.21 849.34 1,215.77 AdminExp-TDA AcctgFees 300.00 2,457.00 1,800.00 2,576.58 Bank Charges 35.00 286.65 35.00 50.10 Legal 100.00 819.00 708.33 1,013.93 Vacant Suite Maintenance 600.00 4,914.00 3,600.00 5,153.16 Total Expenses 3,251.19 26,627.2 19,466.67 27,865.2 Net Income $ (3,238.98) (26,527.2 $ (19,396.81) (27,765.2 Y Iy?II IAC I l� I« For Management Purposes Only i it EXHIBIT 5 Organizational Chart Organizational Chart The Construction Laborers Pension Trust for Southern California (Trust) Sole Shareholder Kuakini Highway 75-6099 Corp. (CA Corp.) *40 EXHIBIT 6 (Not Applicable) *OW Aiw EXHIBIT 7 Resumes I � Byron M. Fox 80 Milland Drive 415-307-2405 Mill Valley,CA 94941 ByrouMfox(a),,gmail.com QUALIFICATIONs: 48 years of experience in development,acquisitions and management. EVP for NYSE REIT.Currently,VP,Investment Committee&Director for Taft-Hartley pension fund advisory firm. EMPLOYMENT 1999— Present Director,VP&Investment Committee TDA Investment Group, Inc., San Mateo, CA • TDA is a fee-based Real Estate Investment Manager for Taft Hartley Union Pension Plans,since 1980. 1 $600 million under management. 1997-1999 Executive Vice-President,Acquisitions BRE Properties, Inc., San Francisco Acquired in 2014 by Essex Property Trust,Inc. • NYSE listed REIT during employment. • Capitalization$1.513,90 properties,25,000 apartments units. • Directed negotiation,due diligence,underwriting,legal documentation and closing. • Acquired 11,400 apartments units,representing S823M. In last two years,acquired 20 properties,6,200 units representing$455M and 29%of 1999's net operating income. 1977— 1987 Vice-President&General Manager Dillingham Investment Corporation, Captain Cook, HI 9,000 acre land holding&development,Island of Hawaii. r Managed shopping center&large lot subdivision development, Acquired 51%The Ironman Triathlon.Directed expansion of product and race licensing. • Sold five years later for five times the initial investment. 1986-1987 General Manager Magoon Estate, Limited Magoon Brothers Limited, Honolulu, HI i� Landing holding and development under consulting agreement with yi Dillingham. 1970- 1977 Co-founder&Executive Vice-President The Hawaii Land Group, Inc., Hilo, HI Land development,construction,and cable television builder/operator.DIRECTORSHIPS • 1984- 1989 The Hawaiian Triathlon Corporation—Ironman Triathlon '} 1985- 1986 Magoon Estate Limited,Magoon Brothers Limited COMMUNITY ACTIVITIES Hawaii Preparatory Academy,Past Trustee I Kona Coast Chamber of Commerce,Past President Hawaii Leeward Planning Conference,Past President Big Island Business Council,Past President EDUCATION 'i 1962 BA,Colgate University,Hamilton,NY I 1970 MBA,Harvard Business School,Cambridge,MA 'r MILITARY 1962— 1986 United States Air Force Pilot lid �t !tf �I ii EDWARD L . DONG P.O. BOX -1127, Ross, CA 94957 1 Direct ( 310 ) gog - 9661 SUMMARY EXPERIENCE Real Estate Director PRINCIPAL AND CEO Owners Representative, OAR Development,and Consultant I Beverly Hills, CA 2D15 - Present Construction Manager • Manages and directs KOAR's construction and development management on both fee and principal assignments. Director of real estate • Development management scope includes land control, entitlements, financing, design and development. property engineering, construction management, leasing, sales, marketing, asset management. acquisitions,and capital • Directs design development process, negotiates general contracts, manages project I structuring.owners budgeting, and pays applications. i. Representative for all ■ Recent Consultant CM and Owners Rep sample projects include $50MM apartment building, ( phases of real estate $40MM hillside residential, $45MM Beverly Hills office, $20MM beach residential, $160MM ll management. 5olair Wilshire, a mixed use residential high rise in los Angeles,and $45MM Broadway Construction Manager for lofts mixed use transit oriented apartment project in Sacramento. Mr. Dong`s and KOAR's i; residential. MF, commercial, aggregate property portfolio totals $2Billion+ value of real estate projects as a principal, retail. industrial projects. partner, investor and Consultant. Collaborative manager, technical expertise. strong MANAGING DIRECTOR, INVESTMENTS communicator, seasoned. Turner Dale Associates Inc. I Burlingame,ame CA 2000-2006 principal Directed construction and core real estate investments for $1.513illion institutional EDUCATION pension funds. • Managed pension fund investment activities including principal construction. MBA REAL ESTATE • Principal Developer: managed joint ventures including land development, ground-up DEVELOPMENT construction, value-added projects, and core acquisitions. Golden Gate university • Investor: originated and structured joint ventures, preferred equity and mezzanine an Francisco. CA tranches for core assets, value-added investments and development transactions. Focus: multifamily, industrial, retail and office. MBA CONSTRUCTION MANAGEMENT RISK& PORTFOLIO MANAGER Golden Gate University Acacia Capital and AcaciaBank I San Mateo,CA 2995-2000 San Francisco, CA Established institutional risk management program for $SOOMillion development and value- GEOTECHNICAL added investments including venture equity, preferred equity, mezzanine and participating ENGINEERING debt, • Responsible for property due diligence, risk management, credit underwriting, closing and University of B.0 portfolio management. Vancouver. B.C. • Managed all systems/procedures for the day-today operations of this portfolio-based investment company while reporting to management and investors. PROFESSIONAL LICENSES DEVELOPMENT MANAGER ENGINEERING Northern Group I San Francisco,CA 1986-1989 CONTRACTOR A a Developed 2,500 multi-family units and office properties throughout the San Francisco Bay CA State License Board area. California • Responsible for government negotiations, development entitlements, design and engineering, construction management, contract negotiation, equity and debt financing, GENERAL CONTRACTOR B legal review, property management, portfolio management, lender and partner relations. CA State License Board Catifornia PRINCIPAL,COO REAL ESTATE BROKER Pacific Coast Construction I Vancouver, B.0 1981-1984 Dept.of Real Estate . Managed family-owned development and construction company with $100Mill ion annual California contract volume. • Constructed government and civic buildings, institutional multi-family, industrial, office, dROFESSIONAL ENGINEER hospital, schools and hotel properties. Assoc. of Prof. Engineers • Negotiated construction contracts, implemented cost control, quality assurance, and British Columbia scheduling systems EXHIBIT 8 (Not Applicable) EXHIBIT 9 Location Map r y � 7-5-017-005 -WO Kuakini Highway Project Site ' � W Y_ r ! r � r iAL ONJ e Ne �" ►' ,g Pro je.+c. /r All •« x� IA ti Y Vogl Earth i00 , _. �. r i�0 EXHIBIT 10 Site Plan —'` — �'.k i NI✓tA1Q�1YOFNW�Y ___r-__ ,1 _ i wn+ m Ir to 6.0 its ti ir .K / l , rF Y ll y - J err 1 ' 1 11 t X11``1 I ��' I e� � �• � A� rn iI J 1 7 JJ K �' `'- !' m co Ali- � r 01 r l we EXHIBIT 11. Survey l 1 if , jrg 17' 4i J:ol 0 'A IZ.." rl IS 67", lot om Pik N N; EXHIBIT 12 Warranty Deed 4low 1 STATE OF HAWAII `"+ BUREAU OF CONVEYANCES RECORDED June 3,2013 8:01 AM Dae No(s)A-49020058 Is/NICKI ANN THOMPSON REGISTRAR r 113 OFC Conveyance tax: $10325.00 8.32278357 LAND COURT SYSTEM REGULAR SYSTEM After Recordation Return by Mail(x) Pickup( )To: Kuakini Highway 75-6099 Corp. TG: c/o TDA,Inc. 2025 Pioneer Court TGE, 1 J-40 San Mateo,California 94403 JAN21 LUM WON Total Pa : 9 Tax Map Key No. (3)7-5-017-005 WARRANTY DEED ED THIS INDENTURE,effective this UsIr dayof May,2013,by LAVA KUAKINI;LLC,a Hawaii limited liability company,hereinafter referred to as"Grantor,"and KUAKINI HIGHWAY 75-6099 CORP,a California corporation,whose mailing address is 2025 Pioneer Court,Sari Mateo, California 94403,hereinafter referred to as"Grantee," That Grantor,for and in consideration of the sum of TEN AND 00/100 DOLLARS($10.00), and other valuable-consideration-to it in hand paid by Grantee, the receipt whereof is hereby acknowledged,does hereby grant,bargain,sell-'and convey unto Grantee,its successors and assigns, in fee simple,that certain real property,situated on the Island of lidw-iii,State of Hawaii,and more particularly described'in,Exhibit A attached hereto and by reference made a part hereof(the 'Propert)P,)- TO HAVE AND TO HOLD the same,together with all buildings andimprovements thereon, if any,all rights,privileges,and easements held or enjoyed in connection therewith,all rents,issues and proftts therefrom,or appurtenant thereto,and all of the estate;right,title and interest of Grantor therein and thereto,unto Grantee',Grantee's heirs,legal representatives and assigns,in FEE SIMPLE FOREVER,subject to any and all liens and encumbrances of record and otherwise. r i AND Grantor does hereby covenant and agree with Grantee, Grantee's heirs, legal representatives and assigns,that itis lawfully seised in fee simple of the premises hereby conveyed;, that it has good right to•selt and convey the same as aforesaid;that the same are free and clear from all encumbrances,except nan=delinquerit tial p'_ _"y taxes and as maybe described in Exhibit A; and that it will,and its successors and assigns shell,forever WARRANTAND DEFEND the title to the land against the lawful claims and demands of all Persons whomsoever. AND Grantor remises,releases,and forever quitclaims unto Grantee,Grantee's heirs,legal representatives and assigns all of its right, title, and interest in and to any alleys, streets, ways, easements,strips,or gores abutting or adjoining the granted premises. AND Grantee does hereby assume any and all of Grantor's rights,obligations and duties to fulfill the terms of(i)that certain Agreement,dated Septbttnber 21,2445,by and between Kaha'olino Partners,LLC,as Developer,Grantor,as Developer of the"Affordable Housing Site"and the County of Hawaii,recorded in the Bureau of Conveyances of the State of Hawaii as Document No.2005- 218094, and (ii) that certain Agreement, dated November 27, 2006,by and between Grantor,as Developer,and the County of Hawaii,recorded as aforesaid as Document No,2006-225320, In the event of any default by Grantee of any of the obligations and duties under the said Agreements assumed by Grantee under this paragraph, Grantee shall indemnify, defend and hold Grantor harmless from any and all claims, liabilities, costs and expenses actually incurred by Grantor, including reasonable attorney's fees,arising as a direct result of such default by.Grantee. Nothing _ herein shall prohibit Grantee and the County of Hawaii from mutually amending, modifying, terminating,replacing or otherwise dealing.with the said Agreements. AND as requited by Ordinance No.,06M enacted by the Council of the County of Hawaii (the"Ordinance"),Grantee is hereby advised that the Ordinance provides as follows with respect to the Property: "Plans for the area involve the construction of the Kahului to Keauhou Parkway within•a right.-of-way shown on the map[attached to the Ordinance]: The.Parkway.will.be-a major highway that is . expected to carry a high•wolum-c of tragic. The County of Hawaii has determined that the construction of this highway is important to the proper development o f Kona.as a whole. The construction of the Parkway will create poise,•dust,.and ether impacts. The contractor building the Parkway will be.required to.follow some regulations to reduce noise and dust, but some. impacts will occur. After completion,traffic on the Parkway will cause noise anal other effects that must be expected from a busy roadway. A prospective purchaser who cannot accept the future construction of the Parkway in this area is advised to seek another,area to.reside,.•This property was rezoned on condition that if noise abatement,measures between,the Parkway and adjacent residences in this.projcct must be taken to qualify the Parkway project for federal funding,the residential owners would be 2 . .. required to pay for the noise abatement. The construction of the Parkway will also make it necessary to relocate one entrance to the property and may, during the construction period, cause some Changes to the project's'aocess." AT ALL TIMES HEREIN the terms"Grantor"grid"Grantee"or any pronouns used in place thereof, shall .mean and include the masculine or feminine, singular or plural number, and individuals,firms or corporations,and their'and-each of iheirrespective heirs,legal representatives, successors and assigns,.according to the context thereof, and the covenant of any two or more persons herein shall be joint and seVeral. The parties hereto agree that this instruffient may be executed in counterparts,each'ofwhich shall be-deemed an original, and said-cbunterparts shall together constitute one and the same agreement,binding all of the parties hereto,notwithstanding all of the parties ane not signatory to the original or.same counterparts. For all purposes,including,without limitation,recordation,filing and delivery of this instrument,duplicate unexecuted and unacknowledged pages ofthe counterparts may be discarded and the remaining pages assembled as one document. (The remainder of the page is'intentionally left blank] i l . I I 3 f i �. IN WITNESS WHEREOF,Grantor and Grantee have signed this instrument as of the day and year first above written. GRANTOR: LAVA KUA . ; a Haw " mited lia mpany By: Ed and Rapoza,A o zed Representative GRANTEE: KUAKINI HIGHWAY 75-5099 CORP, a California corporation By. Garry J. Spanner,President t ' s i. IN WITNESS WHEREOF,Grantor and Grantee have signed this instrument as of the day and year first above written. GRANTOMR: - aLAVA KLIAKINI,LLC, a Hawaii limited liability company li By. Edward Rapoxa,Authorized Representative GRANTEE: KUAKINI HIGHWAY 75-6099 CORP, a California corporation By: Ga J. r,President � r . STATE-©F HAWAII } SS: C4"t7t COUNTY OF K&NM-C 1 } C?nthis " day of LA Ati] ,2013, in the 4 si Circuit of the State of Hawaii,before me personally appeared Edward Rapoza,to me personally known or proved to-me on this basis of satisfactory evidence who,being by me duly sworn or affirmed,did say that such person executed the foregoing instrument,entitled WARRANTY DEED,compromised ofL pages and dated baU 81 00M; , as the Gee act and deed of such person, and if applicable,in the capacity(ies)shown,having been duly authorized to execute such instrument in such capacity(ics). Witness my hand and official sdal. tiC,A PASO""', �y� '. '' Print Name: Notary Public, State of Hawaii s it i 08'5$G My Com fission Expires: Jessica r0scucl ��.�r'• ....•''� �.: 6tpiratfan[fate:December 14,2016 r,���lll Of 7 r I� STATE OF CALIFORNLk ) ss: COUNTY OF SAN MATEO ) On May . y�,2013 before me, (here insert Warne of the officer),Notary Public,personally appeared Garry J.Spanner,whb proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he +, executed the same in his authorized capacity,and that by his signature on the instrument the person, i' or the entity upon behalf of which the person acted,executed the instrument. �f 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WTTNESS my hand and official seal. U Wan . I� Signature-4 Notary Public f j I! , [Seal] L.G.RILEY Commission# 1926423 Watery Public•California San Mateo County Comm.Ex fres Aar 18,2015 i l 'I i1 j' 3 pis 9 EXHIBIT"A" LEGAL DESCRIPTION All of that certain parcel of land(being portion(s)of the land(s)described in and covered by Royal patent Grant Number 1866 to Kaupena) situate, lying and being on the easterly side of Kuakini Highway(F.A.S.P. No. 5-229(1))and approximately 1,500 feet westerly of Hawaii Belt Road(F.A.P.No. 11A-03-69)(Queen Kaahumanu Highway)-at Kahului W,North Kana,Island and County of Hawaii,State of Hawaii,being LOT 3-A,same being portions of Lot 1 and Lot 3.,and of Grant 1868 to Kaupena,as shown on Subdivision map dated August 26,2004,last revised June 30, 2005 and approved by the Planning Director of the County of Hawaii on August 1,2005•(Subdivision Number SUB-04- 000153),and thus bounded and described to-wit: Beginning at the northwesterly comer of this parcel of land,being also the southwesterly corner of Lot 2-A of this subdivision and being a point on the easterly side of Kuekini Highway(F.A.S.P,No.5-229(i));the coordinates of said point of beginning referred to Government Survey Triangulation Station"KAiLUA(NORTH MERIDIAN)"being 6,168.35 feet south and 4,653.86 feet cast and running by azimuths measured clockwise from true South;. I. 214°40'23"343.16 feel along Lot 2-A of this subdivision and along the remainders of Lot I and Grant 1866 to Kaupcna to a point; Thence,following along Lot 2-A and Lot I-A of-this subdivision and along the remainders of Lot 1 and Grant 1868 to Kaupena on a curve to the right with a radius of 700M feet,the chord azimuth and distance being; 2. 253°28'06"$77.16 feet to a point; F Thence for the next six(6)courses following along Lot I-A of this subdivision and along the remainder of Grant 1868 to ` Kaupena: 3. 292°15'49" 159.31 feet along the rgmainder.of.Lot 1 to a point; 4. 220 00'595.57 feet along the remainder of Lot 1 to a point; 5. 95°OQ'244.47 faet along the•remainders ofLots 1 and 3 to a point; 6, 80°00' 160.00 feet along the remainder of Lnt•3 to a point; 7. 350 00' 140,00feet along the remainder of)Lot 3 to a point; 8. 200 00' 110.00 feet along the remainder of Lot 3 to a point; 9. 124°40'536.70 feet along the easterly side of)Luakini Highway(F.A-S:P.No.5224(t))to the point of beginning and co'niaining an area of 14.000 acres,more or less. BEING THE.PREMISES ACQUIRED BY WARRANTY DEED: GRANTOR: STANLEY T.TOMONO,Trustee under that certain Redocable Trust Agreement dated August 29,1984 GRANTEE: LAVA KUAKiNJ,LLC,a Hawaii limited liability company DATED: September 19,2005 RECORDED. Document No.2005-203674 Eicliibit A•' SUBJECT HOWEVER,to-the following: 1. Mineral and water rights of any nature in favor of the State of Hawaii. 2. The following matters as shown on subdivision map prepared by Chrystal T.Yamasaki Land Surveyor, with Wes Thomas.Associates,dated.August 26,2004,last revised June 30, 2005,and approved by the Planning Director of the County of Hawaii on August 1,2005,said map attached to Affidavit recorded as Document No.2005--176962,and to-wit: (A) Waiaha Drainageway Floodway;and (B) Proposed Alii Parkway Alignment. 3. The terms and provisions contained in the following: INSTRUMENT: AGREEMENT DATED: September 21,2005 RECORDED: Document No.2005-218094 PARTIES: KAHA'OLINO PARTNERS,LLC,a Hawaii limited liability company, LAVA KUAKINI,LLC,a Hawaii limited liability company,and COUNTY OF IIAWAII,a municipal corporation of the State of (� Hawaii ' \_ RE:. to develop affordable housing units pursuant to the requirements of the Office of the Housing and Community Development 4. The terms and provisions Contained in the following: INSTRUMENT: AGREEMENT DATED. November.27,2006 RECORDED: Documen'Wo:2006-225320 . PARTIES: LAVA KUAKINI,LLC,a Hawaii limited liability company,and COUNTY OF HAWAII,a municipal corporation of the State of Hawaii RE: the development,sale,restriction on use and occupancy,buy-back requirements and transferof affordable housing . 5. Claims arising,out of customary and traditional rights and practices, including without limitation those exercised for..subsistence; cultural; religious, access or gathering purposes, as provided for in the Hawaii Constitution or thc'Hawaii'Rcvised Statutes, 6. The-following matters as shown on survey map prepared by Chrystal T.Yamasaki, Land Surveyor,with Wes Thomas Associates,dated January 14,2013,revised January 21,2013,to-wit: Exhibit A 1. "Building Setbacks are for RM 2.5 Zoning.Front and Rear=20 Feet,Sides=S Feet +2 Feet/Story";and 2. "The Southwesterly boundary follows along the right-0f--way for Kuakini Highway (F.AkP.No.S-229(1)).There is a stonewall and wire fence that meanders along this boundary line and is in the subj ect property and the Kuakini`H ghway right-0f-way by varying.amounts as indicated on the map," End of Exhibit"A" 66""42404570 • 6 1 Exhibit A EXHIBIT 13 (Nat Applicable) NOW EXHIBIT 14 Preliminary Title Report r Fidelity National Title® and Escrow of Hawaii, Inc. 201 Merchant Street, Suite 2100, Honolulu, HI 96813 808-536-0404 FAX 808-533-3173 PRELIMINARY REPORT in response to the application for a policy of title insurance referenced herein, Fidelity National Title insurance Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or intertest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedule, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Attachment One attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The Policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California corporation. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered it is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Fidelity National Title Insurance Company By: 4-1 President r + Countersigned By: Attest: 14� ' SEAL Authorized Officer or Agent Secretary r Preliminary Report Printed; 09.15.16 Q 10:33 AM by AL H161084.doc 1 Updated: 08 05.16 1 HI-FT—SPS-1-1&-T01600227 f Fidelity National Title Insurance Company 201 Merchant Street, Suite 2100, Honolulu, HI 96813 808-536-0404 FAX 808-533-3173 PRELIMINARY REPORT Title Officer: Laura Watada Email: Laura.Watada@fnf.com Title No.: TO1600227-LW TO: TDA Investment Group 2025 Pioneer Court San Mateo, CA 94403 Attn: Rein Gabrielsen RATE: 25% PROPERTY ADDRESS: Tax/Map ID(s) (3)7-5-017-005 EFFECTIVE DATE: September 7, 2016 at 08:00 AM The form of Policy or Policies of title insurance contemplated by this report is: TBD Coverage Amount: $0.00 Proposed Insured- TBD TBD Coverage Amount: $0.00 Proposed Insured: TBD 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: Fee Simple, Regular System 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN. Kuakini Highway 75-6099 Corp, a California Corporation 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF HAWAII, STATE OF HAWAII AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF Preliminary Report Printed: 69.15.16 Q 10 33 AM by AL H.ID1084 doc I Updated 0805.16 2 HI-FT—SPS-1-16-701600227 EXHIBIT "A" Legal Description For Tax Map ID(s): (3)7-5-017-005 LOT 3-A Land situated on the Easterly side of Kuakini Highway(F.A.S.P. No. S-229(1))and approximately 1,500 feet Westerly of Hawaii Belt Road (F.A.P. No. 1 1A-03-69) (Queen Kaahumanu Highway)at Kahului 1st, North Kona, Island and County of Hawaii, State of Hawaii. Being portions of: Lots i and 3; and Grant 1868 to Kaupena. Beginning at the Northwesterly corner of this parcel of land, being also the Southwesterly corner of Lot 2-A of this subdivision and being a point on the Easterly side of Kuakini Highway(F.A.S.P. No. 5-229 (1)), the coordinates of said point of beginning referred to Government Survey Triangulation Station"KAILIIA(NORTH MERIDIAN)" being 6,168.35 feet South and 4,653.86 feet East and running by azimuths measured clockwise from True South: 1. 2140 40' 23" 343.16 feet along Lot 2-A of this subdivision and along the remainders of Lot 1 and Grant 1868 to Kaupena to a point; Thence,following along Lot 2-A and Lot 1-A of this subdivision and along the remainders of Lot 1 and Grant 1868 to Kaupena on a curve to the right with a radius of 700.00 feet, the chord azimuth and distance being: 2. 2530 28' 06" 877.16 feet to a point; Thence, for the next six(6)courses following along Lot 1-A of this subdivision and along the remainder of Grant 1868 to Kaupena: 3. 2920 15' 49" 159.31 feet along the remainder of Lot 1 to a Point; 4, 220 00' 595.57 feet along the remainder of Lot 1 to a point; 5. 95° 00" 244.47 feet along the remainders of Lot 1 and 3 to a point; 6. 80° 00' 160.00 feet along the remainder of Lot 3 to a point; 7. 35' 00" 140.00 feet along the remainder of Lot 3 to a point; 8. 20° 00" 110.00 feet along the remainder of Lot 3 to a point; 9. 124° 40' 536.70 feet along the Easterly side of Kuakini Highway(F.A.S.P. ` Preliminary Report Pnnted09,15,16 @ 10 33 ANY by AL HID1084.doc 1 Updated 08 05 16 3 HI-FT-5P5-1-16-701600227 'yam 1 s Title No.: TO 1600227-LW EXHIBIT "A" Legal Description (continued) No. 5-229 (1))to the point of beginning and containing an area of 14.000 Acres, more or less. Being all the property conveyed by the following: Warranty Deed Grantor: LAVA Kuakini, LLC, a Hawaii Limited Liability Company Grantee; Kuakini Highway 75-6099 Corp, a California Corporation Dated: May 31, 2013 Recorded: June 03, 2013 in the Bureau of Conveyances of the State of Hawaii, Document No. A-491120058. f Preliminary Report Printed 09.16.16 @ 10 33 AM by AL HID1084 doc I Updated 08 05 16 4 HWT—SPS-1-16-T01600227 Title No.: T01600227-LW i EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records, (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests,or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records, 4, Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land and not shown by the Public Records. 5. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights, claims or title to water,whether or not the matters excepted under(a), (b)or(c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 7. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2016-2017, Tax Map Key(3) 7-5-017-005. 1st installment: $12,369.00 Paid 2nd installment: $12,369.00 Due, February 20, 2017 8. Mineral and water rights of any nature in favor of the State of Hawaii. 9. The following matters as shown on subdivision map prepared by Chrystal T. Yamasaki, Land Surveyor, with Wes Thomas Associates, dated August 26, 2004, last revised June 30, 2005, and approved by the Planning Director of the County of Hawaiian on August 1, 2005, said map attached to Affidavit recorded in the Bureau of Conveyances State of Hawaii as Document No. 2005-176962, and to-wit; (A) Waiaha Drainageway Floodway; (B) Proposed Alii Parkway Alignment; and (C) Zone X(Shaded) (other flood areas)and Zone AE(special flood hazard area inundated by 100-year flood with base flood elevations determined)as per Floor Insurance Rate map(F.I.R.M.) Community-Panel Number 1551660713D, revised May 16, 1994 and being shown in more detail on the final plat map on file with County of Hawaii Planning Department. L Preliminary Report Printed: 09.15.16 @ 10:33 AM by,AL HIa1084.docIUpdated- 08.05.16 S HI-FT—SPS-1-16-TO1600227 Title No.: 701600227-LW EXCEPTIONS { (continued) 10, Terms and provisions, including the effect of any failure to comply with any covenants, conditions restrictions or reservations, to which reference is hereby made, as contained in the following document: AGREEMENT Dated: September 21, 2005 Recording Date: October 26, 2005 Recording No: 2005-218094 Parties: Kaha'olina Partners, LLC, a Hawaii limited liability company, Lava Kuakini, LLC, a Hawaii limited liability company, and County of Hawaii, a municipal corporation of the State of Hawaii RE� to develop affordable housing units pursuant to the requirement of the Office of the Housing and Community Development. 11. The effects of, if any, of the following: AFFIDAVIT OF KUHINA KALAIAINA ALFRED NAPAHUELUA SPINNEY Dated: February 27, 2009 (Acknowledged) Recording Date: March 3, 2009 Recording No: 2009-031761 12. The fallowing matters as shown on survey map prepared by Chrystal T. Yamasaki, Land Surveyor,with Wes Thomas Associates, dated January 14, 2013 revised January 21, 2013, as disclosed by that certain instrument Dated: May 31, 2013 Recording Date: June 3, 2013 Recording No A49020058, to-wit, (A) "Building Setbacks are for RM 2.5 Zoning. Front and Rear=20 Feet, Sides =8 Feet+ 2 Feet/Story", and (B) "The southwesterly boundary follows along the right-of-way for Kuakini Highway(F.A.S.P. No. S-229(1)). There is a stonewall and wire fence that meanders along this boundary line and is in the subject property and the Kuakini Highway right-of-way by varying amounts as indicated on the map." 13. Terms and provisions, including the effect of any failure to comply with any covenants, conditions restrictions or reservations, to which reference is hereby made, as contained in the following document WARRANTY DEED Dated: May 31, 2013 Recording Date: June 3, 2013 Recording No: A-19020058 END OF EXCEPTIONS Preliminary Report printed' 09 15 16 @ 10:33 AM by AL 11101084.doc 1 Updated 04.01.16 6 HI-FT—SPS-1-16-T01600227 �w NOTES 1. Any escrow involving real property located in the State of Hawaii must be handled by an escrow depository which is licensed by the State of Hawaii. Effective July 1, 2010, Hawaii Revised Statutes Section 449-5(b) states: "No person shall act as an escrow depository from an out-of-state location for property located in this State unless licensed to act as a Hawaii escrow depository by the commissioner." Fidelity National Title&Escrow of Hawaii, Inc. is a Hawaii-licensed escrow depository. Please contact our office for assistance in complying with the Hawaii Escrow Law. 2. There are NO conveyances affecting said land, recorded within thirty six(36) months of the date of this report, 3. The following qualifying language applies to any and all covenants, conditions and restrictions (CC&R's) set forth in the numbered items above: But omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. 4. Please be advised that our search did not disclose any open mortgages of record, If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 5. This Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance by the corporation named below.. KUAKINI HIGHWAY 75-6099 CORP, a California Corporation (a) A copy of the corporation By-Laws and Articles of Incorporation. (b) An original or certified copy of the Resolution authorizing the subject transaction,together with a Certificate of Compliance pursuant to Section 5912 or 7912 Corporations Code, (c) If the Articles and/or By-Laws require approval by a"parent"organization,we will also require a copy of those By-Laws and Articles of Incorporation. The right is reserved to add requirements or additional items after completion of such review. END OF NOTES Preiim,inary Report Printed: 09 15,16 @ 10:33 AM by AL HID1084 doc 1 Updated: 06.85.16 7 HI-FT—SPS-1-16-TO1600227 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective: April 1, 2016 Order No.: T01600227 At Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF", "our" or"we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information- A summary of our privacy practices is below. We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected.You may provide us with How Information is Collected. We may collect personal certain personal information, like your contact information, information directly from you from applications, forms, or social security number (SSN), driver's license, other communications we receive from you, or from other government IQ numbers, and/or financial information. We sources on your behalf, in connection with our provision of may also receive information from your Internet browser, products or services to you. We may also collect browsing computer and/or mobile device. information from your Internet browser, computer, mobile device or similar equipment. This browsing Information is generic and reveals nothing personal about the user. Use of Your Information.We may use your information to Security Of Your Information. We utilize a combination provide products and services to you(or someone on your of security technologies, procedures and safeguards to behalf), to improve our products and services, and to help protect your information from unauthorized access, communicate with you about our products and services. use and/or disclosure. We communicate to our employees We do not give or sell your personal information to parties about the need to protect personal information, outside of FNF for their use to market their products or services to you Choices With Your Information. Your decision to submit When We Share Information. We may disclose your personal information is entirely up to you. You can opt-out information to third parties providing you products and of certain disclosures or use of your information or choose services on our behalf, law enforcement agencies or to not provide any personal information to us. governmental authorities, as required by law, and to parties with whom you authorize us to share your information. Information From Children. We do not knowingly collect Privacy Outside the Website.We are not responsible for information from children under the age of thirteen (13), the privacy practices of third parties, even if our website and our websites are not intended to attract children. links to those parties'websites. Access and Correction. If you desire to see the Do Not Track Disclosures.We do not recognize "do not information collected about you and/or correct any track"requests from Internet browsers and similar devices. inaccuracies, please contact us in the manner specified in this Privacy Notice. The California Online Privacy Protection Act. Certain International Use. By providing us with your information, FNF websites collect information on behalf of mortgage you consent to the transfer, processing and storage of loan servicers The mortgage loan servicer is responsible such information outside your country of residence, as well for taking action or making changes to any consumer as the fact that we will handle such information consistent information submitted through those websites. with this Privacy Notice. Your Consent To This Privacy Notice. By submitting Contact FNF. If you have questions or wish to contact us information to us and using our websites, you are regarding this Privacy Notice, please use the contact accepting and agreeing to the terms of this Privacy Notice information provided at the end of this Privacy Notice. Preliminary Report Printed: 09,15,16 @ 10:33 AM by AL HID1084 doc/Updated 08.05 16 8 HI-FT—SPS-1-16-TQ1600227 ' l FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy. We may collect Browsing Information from you as follows: We pledge to take reasonable steps to protect your Personal r Browser Lao Files Our servers automatically log.collect and Information(as defined herein)and to ensure your information is record certain Browsing Information about each visitor to the used in compliance with this Privacy Notice Website, The Browsing Information includes only generic This Privacy Notice is only in effect for information collected information and reveals nothing personal about the user. andlor owned by or on behalf of FNF,including collection through a Cookies.From time to time, FNF may send a"cookie"to your any FNF website or online services offered by FNF (collectively, computer when you visit the Website. A cookie is a small the '"Website"), as well as any information collected offline piece of data that is sent to your Internet browser from a web (e.g.,paper documents). The provision of this Privacy Notice to server and stored on your computer's hard drive. When you you does not create any express or implied relationship, nor visit the Website again, the Cookie allows the Website to create any express or implied duty or other obligation, between recognize your computer, with the goal of providing an FNF and you. optimized user experience. Cookies may store user preferences and other information. You can choose not to Types of lnf rmation Collected accept cookies by changing the settings of your Internet We may collect two(2)types of information.Personal Information browser. If you choose not to accept cookies, then some and Browsing Information, functions of the Website may not work as intended. Personal Information, The types of personal information FNF Use of Collected Information collects may include,but are not limited to: Information collected by FNF is used for three(3)main purposes: ■ contact information (e g., name, address, phone number, . To provide products and services to you, or to one or more email address), third party service providers who are performing services on ■ social security number (SSN), driver's license, and other your behalf Cr in connection with a transaction involving you; government ID numbers;and a To improve our products and services;and • financial account or loan information. . To communicate with you and to inform you about FNF"s Browsino Information. The types of browsing information FNF products and services. collects may include,but are not limited to: When We Share Information • Internet Protocol(or IP)address or device IDIUDID.protocol We may share your Personal Information (excluding information and sequence information; we receive from consumer or other credit reporting agencies) and • browser language; Browsing Information with certain individuals and companies, as • browser type; permitted by law, without first obtaining your authorization. Such disclosures may include,without limitation,the following: • domain Warne system requests, . to agents, representatives, or others to provide you with • browsing history; services or products you have requested,and to enable us to • number of clicks; detect or prevent criminal activity, fraud, or material hypertext transfer protocol headers;and misrepresentation or nondisclosure; • application client and server banners. to third-party contractors or service providers who provide services or perform other functions on our behalf; Flow Information is Collected r to law enforcement or other governmental authority in In the course of our business, we may collect Personal connection with an investigation, or civil or criminal Information about you from the following sources: subpoenas or court orders;andlor • applications or other forms we receive from you or your a to other parties authorized to receive the information in authorized representative,whether electronic or paper, connection with services provided to you or a transaction • communications to us from you or others; involving you. • information about your transactions with, or services performed by,us,our affiliates or others;and • information from consumer or other reporting agencies and public records that we either obtain directly from those entitles,or from our affiliates or others. Preliminary Report Panted 09.15 16 @ 10 33 AM by AL HID1084.doc I Updated: 08.05.16 9 Ht-FT--SPS-1-16-T01600227 *now w We may disclose Personal Information and/or Browsing Privacy Outside the Website Information when required by law or in the good-faith belief that The Website may contain links to other websites,including links to such disclosure is necessary to: websites of third party service providers.FNF is not and cannot be • comply with a legal process or applicable laws; responsible for the privacy practices or the content of any of those • enforce this Privacy Notice; other websites. • investigate or respond to claims that any information International Users provided by you violates the rights of a third party;or Because FNF's headquarters is located in the United States, we • protect the rights, property or personal safety of FNF, its may transfer your Personal Information andlor Browsing users or the public. Information to the United States. By using our website and providing us with your Personal Information and/or Browsing We make efforts to ensure third party contractors and service Information, you understand and consent to the transfer, providers who provide services or perform functions on our behalf processing and storage of such information outside your country protect your information. We limit use of your information to the of residence, as well as the fact that we will handle such purposes for which the information was provided.We do not give information consistent with this Privacy Notice. or sell your information to third parties for their own direct marketing use. Do Not Track Disclosures Currently, our policy is that we do not recognize "do not track" We reserve the right to transfer your Personal Information, requests from Intemet browsers and similar devices, Browsing Information, as well as any other information, in connection with the sale or other disposition of all or part of the The Callfomia Online Privacy Protection Act FNF business andlor assets, or in the event of our bankruptcy, For some websites which FNF or one of its companies owns,such reorganization,insolvency, receivership or an assignment for the as the Customer CareNet("CCN"), FNF is acting as a third party benefit of creditors.You expressly agree and consent to the use service provider to a mortgage loan servicer. In those instances, andlor transfer of this information in connection with any of the we may collect certain information on behalf of that mortgage loan above described proceedings. We cannot and will not be servicer,including: responsible for any breach of security by any third party or for any 0 first and last name; actions of any third party that receives any of the information that A property address; is disclosed to us. user name and password; Choices With Your Information a Ivan number; Whether you submit your information to FNF is entirely up to you. 9 social security number-masked upon entry; If you decide not to submit your information,FNF may not be able • email address; to provide certain products or services to you.You may choose to prevent FNF from using your information under certain security questions and answers;and circumstances ("opt out"). You may opt out of receiving 0 IP address. communications from us about our products andlor services. The information you submit is then transferred to your mortgage Security And Retention Of Information loan servicer by way of CCN. The mortgage loan servicer is FNF is committed to protecting the information you share with us responsible for taking action or making changes to any and utilizes a combination of security technologies, procedures consumer information submitted through this website, For and safeguards to help protect it from unauthorized access, use example,if you believe that your payment or user information and/or disclosure. FNF trains its employees on privacy practices is incorrect,you must contact your mortgage loan servicer. and on FNF's privacy and information security policies. FNF works hard to retain information related to you only as long as CCN does not share consumer information with third parties,other reasonably necessary for business andlor legal purposes, than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of this Privacy Information From Children Notice apply to your interaction with CCN, except for the sections The Website is meant for adults. The Website is not intended or titled Choices with Your Information,and Access and Correction.If designed to attract children under the age of thirteen(13),We do you have questions regarding the choices you have with regard to not collect Personal Information from any person that we know to your personal information or how to access or correct your be under the age of thlrteen(13) without permission from a personal information,contact your mortgage loan servicer. parent or guardian. Contact FNF Access and Correction Please send questions andlor comments related to this Privacy To access your Personal Information in the possession of FNF Notice by email at Urivacy�f fnf.com or by mail at: and correct inaccuracies, please contact us by email at privacy c2fnf.com or by mail at: Fidelity National Financial,Inc. 601 Riverside Avenue Fidelity National Financial,Inc. Jacksonville,Florida 32204 601 Riverside Avenue Attn: Chief Privacy Officer Jacksonville,Florida 32204 Attn: Chief Privacy Officer Copyright 0 2016.Fidelity National Financial,Inc. Your Consent To Th Is Privacy Notice All Rights Reserved. By submitting Personal Information andlor Browsing Information EFFECTIVE AS OF APRIL 1,2016 to FNF, you consent to the collection and use of information by FNF in compliance with this Privacy Notice.We reserve the right to make changes to this Privacy Notice.If we change this Privacy Notice,we will post the revised version on the Website, Preliminary Report Printed: 09.15 16 @ 10M AM by AL 1i101084.dac F Updated: 08.05.16 10 HI-FT—SPS-1-i6-T01600227 ATTACHMENT ONE HAWAII The following are the standard exclusions and exceptions from coverage that will be included in your policy, depending on the type of policy issued to you. ALTA HOMEOWNER'S PCLiCY OF TITLE INSURANCE (1210312013) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b, zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b, that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c, that result in no loss to You; or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a, to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land, This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors'rights laws. 8. Contamination, explosion,fire, flooding, vibration, fracturing, earthquake or subsidence. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: ■ For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liabilit Covered. Risk 16: 1.00% of Policy Amount Shown in Schedule A or$2,500.00 $10.000.00 (whichever is less) L Attachment One(Revised D7/1912016)Hawaii Printed09.15.16 @ 10:33 AM by AL 1-101073.doc1Updated. 07,19,16 Page 1 —TQ1600227 'low VOW, ATTACHMENT ONE HAWAII (continued) Covered Risk 18: 1.00°/ of Policy Amount Shown in Schedule A or$5000.00 $25,000.00 (whichever is less) Covered Risk 19. 1.00% of Policy Amount Shown in Schedule A or$5,000.00 $25,000.00 (whichever is less) Covered Risk 21 1.00% of Policy Amount Shown in Schedule A or$2,5000 $5,000.00 (whichever is less) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (0410212015) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'fees, or expenses which arise by reason of: 1. (a) any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations, This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; f (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but. Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant, (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27, or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion 5 does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion 6 does not modify or limit the coverage provided in Covered Risk 11, 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion 7 does not modify or limit the coverage provided in Covered Risk 11(b) or 25. i Attachment One Revised 6 711 912 0 1 6 Hawaii � ) Printed: 09 15 16 @ 10 33 AM 6y AL H€01073 dor 1 Updated 071916 Page 2 —TO1600227 ATTACHMENT ONE HAWAII / (continued) B. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion 8 does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is: (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b)of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals,water, or any other substances. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the Igen of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. Attachment One(Revised 07119/2016)Hawaii Panted 09.15.16 @ 10:33 AM by AL HID1073 doc 1 Updated- 07.19.16 Page 3 —Td1600227 ATTACHMENT ONE HAWAII (continued) - Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records, This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs, attorneys'fees or expenses)that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the,.--� Public Records. & Any lien or right to a lien for services, labor or material not shown by the public records. 7- Reservation in favor of the State of Hawaii of all mineral and metallic mines 8. Mineral and water rights of any nature in favor of the State of Hawaii. 9. The arbitration provisions of this policy do not supersede Hawaii's Uniform Arbitration Act, Hawaii Revised Statutes, Chapter 658A (Endorsement). 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. i Attachment One(Revised 0711 912016)Hawaii Printed 09-15-16 @ 10 33 AM by AL HID 1073.doc/Updated 07.1916 Page 4 ----TO1600227 ATTACHMENT ONE HAWAII (continued) 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'fees or expenses)that { arise by reason of: ` 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 7. Reservation in favor of the State of Hawaii of all mineral and metallic mines. 8. Mineral and water rights of any nature in favor of the State of Hawaii. 9. The arbitration provisions of this policy do not supersede Hawaii's Uniform Arbitration Act, Hawaii Revised Statutes, Chapter 658A(Endorsement). Attachment One(Revised 0711912D16)Hawaii Panted 09.15 16®16.33 AM by AL HID1073 doc 1[Updated 07.19.16 Page 5 —TO1660227 ATTACHMENT ONE HAWAII (continued) i HAWAII STANDARD OWNER'S POLICY OF TITLE INSURANCE (11-01-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character. dimensions or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant, (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 6. (a) Taxes or assessments levied or imposed by a government authority on the Title that are not shown as existing liens by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Any facts, rights, interests or claims which are not recorded in the Public Records at Date of Policy but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof or of the lessors in any lease of the Land. 8. Easements or claims of easements which are not recorded in the Public Records at Date of Policy, 9. Any encroachment, encumbrance, violation. variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey or archaeological study of the Land and not shown by the Public Records. 10. Claims arising out of customary and traditional rights and practices, including without limitation those exercised for subsistence, cultural, religious, access or gathering purposes, as provided for in the Hawaii Constitution or the Hawaii Revised Statutes. Attachment One{Revised 0711512916}Hawaii Printed. 09 15.16®10 33 AM by AL HID 1073.doc1 Updated 07.1916 Page 6 —TO1600227 ATTACHMENT ONE HAWAII (continued) 11. Rights or claims of persons or entities other than the Insured involving or arising out of: mineral or metallic mines; geothermal resources; water; fishing, commerce or navigation; creation or loss of the Land or any portion thereof by accretion, avulsion, erosion or artificial means; persons residing on or otherwise in possession of the Land or any portion thereof; trails, roadways or other rights of way, including without limitation any such rights or claims under Chapter 264, Hawaii Revised Statutes. 12. Any lien (or claim of lien) for services, labor or material arising from an improvement or work related to the Land, whether furnished before or after ❑ate of Policy and regardless of the legal effective date of any such lien or claim, unless at the date of Policy such lien or claim was recorded in the Public Records or filed in the Circuit Court pursuant to Chapter 507, Hawaii Revised Statutes. 13. Any claim arising as a result of the inability or failure of the Insured to comply with applicable doing business laws of the State of Hawaii. r Attachment One(Revised 0711912016)Hawaii Printed 09.15,16®10 33 AM by AL HID1073.doc I Updated 0719.16 Page 7 --TO1600227 + f .r �i4 w arr dq o c E m lvA b yl m V 19 E y L i z d xr n7J fy r �, u1lb3 CL 0 O 0 co OF f U C ma_ 4 � � a a ` a 1 t9 if` �^i PI1 Q IIAX-+x1 P .�I 33I + V Lq I ` O p i i o ti f RE, 1 a JfYY asr --j7 7'. ',V aa�FG 5 2rw..rp y Wry nv� Al #$€ Viz' '� ��' C' i Description: Hawaii,Hz Assessor Map NWK) - Zone.3ect.Pl.at 7.5.17 Page: 1 of I Order: 701600227 Comment; EXHIBIT 15 Special Site Classification EXHIBIT 16 (Not Applicable) EXHIBIT 17 (Not Applicable) wry' EXHIBIT 18 Community Consultation (Added in March 2019; not included in original submission) JMY Law Group LLLC, Main:808-529-1000 A Limited Liability Law Company Fax: 808-376-4919 737 Bishop Street,Suite 2800 Pacific Guardian Center,Mouka Tower www.lmylawgroup.com Honolulu,Hawaii 96813 Writer's Moo Cantoctn (8081376-4925 ad aVi dson0my law g roup.mm March 11,2019 CERTIFIED MAIL RETRUN RECEIPT REQUESTED Ms.Anne Dailey County of Hawaii Office of Housing and Community Development 74-5044 Ane Keohokalole Highway,Bldg B,21d Floor Kailua-Kona,Hawaii 96740 Re: Kuakini Senior Living Community Consultation Dear Ms. Dailey, Our firm represents Kuakini Highway 75-6099 Corp. ("KIP'), a California corporation, as the owner and developer of the"Kuakini Senior Living"affordable rental senior housing and care campus(the"Project')to be developed in Kona on Tax Map Key No. (3)7-5-017-005. KH has submitted a proposed Resolution amending existing Resolution No. 281-14 requesting additional exemptions for the Project. As park of the review process, Mr. AIan Rudo(who we understand is no longer at your office)requested that a community consultation meeting be held. The KH project team held a community meeting on January 24,2019 to share details about the Project and answer questions from community members. Enclosed please find a Summary Report prepared by Peters Communications which summarizes the meeting notification process,attendance,presentation and community feedback. KH is eager to proceed with the Project. If you have any questions or would like any additional information,please feel free to contact Mr.Ed Dong,Project consultant at 310-909-9661; ed@covewestholdings.com,or the undersigned at 808-3764925; adavidson@jmylawgroup.com. Thank you Very truly yours, JMY LAW GROUP LLLC,A LIMITED LIABILITY LAW COMPANY a& e,v A. Alison M.Davidson Enclosure PETERS COMMUNICATIONS Kuakini Senior Living COMMUNITY CONSULTATION SUMMARY REPORT Prepared For. Kuakini Highway 75-6059 Corp. February 26,2019 On Thursday, January 24, 2019, the project team for Kuakini Senior Living conducted a community meeting to share details about the project and answer questions from area residents and business owners. Community Outreach • Meeting Notification-A community meeting notice was sent via certified mail to area residents and businesses on Friday, January 11,2019, 10 days prior to the meeting date(attached as Appendix"A"). • Certified Mail Distribution-The community meeting notice was sent to 131 households and 48 businesses located within 300 feet of the project site. In addition, an invitation was also sent to area council member Rebecca Villegas. • Muting Attendance-- 10 members of the community attended the meeting at King Kamehameha's Kona Beach Hotel. Council member Villegas had indicated she would attend but fell ill and was unable to make it to the meeting. • Presentation-The Kuakini Senior Living project team provided a PowerPoint presentation to attendees(attached as Appendix "B"). Fallowing the presentation,the project team fielded questions from attendees and provided answers. • Community Feedback/Questions--Overall, attendees were supportive of the project and understood the need to provide senior assisted living and skilled nursing services to the Island's underserved elderly population, At the same time,attendees wanted to understand the potential impacts from the project. The most common concerns were traffic and storm water runoff.A summary of questions along with responses has been prepared(attached as"Appendix"C"). 808.421.9879 1 chane@peters-comm.com 1 low PETERS COMMUNICATIONS Conclusion The Kuakini Senior Living project team is deeply committed to engaging the community as it proceeds through the entitlement and project approval process.We look forward to continuing to work with the County of Hawaii,area leaders as well as community members to bring this important project to fruition. If you have any questions or concerns regarding this preliminary summary and report, please don't hesitate to contact Shane Peters at shanecOpeters-commixom or(808) 421-9875. 808.421.9879 1 shane@peters-comm.com 2 PETERS COMMUNICATIONS APPENDIX A 848.421.9879 1 share@peters-comm.com 3 COMMUNITY MEETING NOTICE DATE: Thursday, January 24, 2019 TIME: 5:30--7:00 p.m. LOCATION: King Kamehameha's Kona Beach Hotel 75-5660 Palani Road Kailua-Kona, Hawaii 96740 DESCRIPTION: Residents and businesses are invited to attend a community meeting on Thursday, January 24, 2019, 5:30—7:00 p.m. at the King Kamehameha's Kona Beach Hotel to learn about a proposed: affordable senlor assisted living/memory care and skilled nursing facility in the area with accommodations for approximately 256 residents. The proposed project will be located on a 14-acre parcel on Kuakini Highway,just south of Oni Oni Street. Project principals will be on hand to present details about the proposal, answer questions and gather feedback from members of the community. Project Location Tax Map Key: (3) 7-5-017-005 (street address not yet assigned) Attendees are encouraged to RSVP to Shane Peters at shaneL@peters-comm.com or (808)421-9879. f_. 1, *ar' r PETERS COMMUNICATIONS APPENDIX B 808A21.9879 f shane@peters-tomm.com 4 e - r =r r •t ��I�., rdYu a � ���� ,�"•,'� as �r� � - ..•ti Now= C low— JtAll' no"- « e. Its x-L On f� q �„ t CL 0 ° N � m � l F3 � v 0) o E C w E 4-04 d N a � cu L .w C: cu 0-C CD U C 0- 0 U) L - � C V tly c -- (1) C. 0 tip .a N A M E C� Lo C: CU A` a) � � V � o h.� > COQ 41 ,� o V •O U. r C] CL i � .F, Q Q C L. N �C m W to �v � •o C: o 0 L ^ r0 tz s 4.4 Z 43 ■ ..,� rlt 0 vimftj . a 0 0 r� ,y *01 Ca rQ :V CL W J ❑.. O cz C14 v 0 ►G w � OC O U a CL � CD CL o Y A — c li O � .- o o C) v a ui W 4@ Q 0 L IIOC� VI uollelndod 'a �.. LTJ V3 > � a) C(3 D U fl) Qi c L- _ M Q @ Ln *j U +.r cn a D 0 = O CL � i a U Q' U � �' Q � � Q J oy dp cU cn i2 + v c 0 o m [� o Q :L' u 0 U � U 0 °' � 0 � 73 � N d T- 0- (,oQ U ' [Y i a 'N Z COD cn ?� to co E ,5 A= 0 0 C + Lo cc < 0 2 4— < 0 0) ii 41 ST < 0 N (D AQ ca cm C3 %7;1 U) 0 CL w 0 en m 0) LU X heliigesiQ 0 4— u CL o CO U -0 0 cl :3 CL L) :3 > U -(1) E 0 to + 0 Z 'a U + w 0cu c>a Lo Lb — u Lo (3) E4--1 cr 4M— cn 0 (A LO 70 , (1) cu vi Lo -0 (D E 0) — U 0 rig cn C: m (D cn E 0 co E u a) 0 E co L • u r-L E 0 0- U CO x 0 E E E U- r. Al p r • r r '� r 1EI r +� • ■ • r CL cio CO■ 4-j C- 1 0 0 WL a) 0) 7 Q3 > .c W -0 a _0 V) o v a ' o � a _0 U (v v m rZ C Ln L 0 v a) W 0 .L (A a) c3 ° v U C .� v] cufu O.. .� � -C En N O v �' C to (D E U U � C) v v L v v o _ Q 3E Q > © E 0 � ^ co Q 0 F � W[ V 70 d3 L U) O @ [u.7 E Ln (o tr_ z o Ln (n Qf � _ 0 N a� CU C: Lo +�+ C ice+ V) UT a1 nLn .a Q E L CO [Z U o P Q ad0u o _ w 0 � LD E _ L u Cli E (D c .Y Z3 :3Q O o a p U U} L nnll LO W QJ �- CJ �� �7 C {� U a) rl i!7 0 � N O C 'V) 00 M > Cl y • E in c 0 h Clf O. p N U n E E Q Q D A A A A di � D < it U CJ] M 7 Z3 — 0 u u _0 r� o 0 u r- M @ u •o fj c 04-4 �n 0 ua E o a E o 4 u C4 u Qm o u _ N _ cn :3 e co _ k 0 u E 0 u 0- -�' o' _0 = c 0 CO 0� _ M a a G 0 Mu cry L- 70 _ t ,� u o v ll D ° c' c ". o � .0 o oycm E E En U cn < A A 0 t r � r r ! • g a ' � t r, cc wuwrw�iw«,mewra� 1 � d _ U a Cll cn cn .� CP C-) O �� C� � ca C © d Q3 Q a -Qu U �L O F 0- � 0 �- �' Q. o u AA A !A A A A U 0U- CL «� LL- Q U C V fl c PETERS COMMUNICATIONS APPENDIX C 508.421.9879 1 share@peters-samm.cam 6 Kuakini Senior Living Jan 24, 2019 Community Meeting Notes King Kamehameha Hotel Comments and questions are organized by subject area below. Traffic:: • The intersection at Oni Oni Street and Kuakini Highway is very congested. • Cars travel at a high rate of speed on Kuakini Highway. • What are your plans for traffic improvements in front of your property? • How will drivers get in and out of the project? • Would you agree to construct a 'roundabout'? • I'm worried about pedestrians who are walking in and out of your property. There's no sidewalk on Kuakini Highway. Response: The Kuakini Senior Living team recognizes the important issue of traffic and safety. Although the project is currently in its conceptual stages, we are deeply committed to working with the County of Hawaii as we proceed through the process to address this important issue. There are planned improvements to Kuakini Highway proposed by the County of Hawaii Department of Public Works ('DPW")and the Federal Highway Administration ("FHWA")but we recognize site-specific traffic improvements may also be required. Find more about the DPW and FHWA planned Kuakini Highway improvements here: http:hoe_gc2.doh-hawaii.gov/EIS EIS. Library/2013-03-23-HA-DEA-Kuakini-Hiyhway- 1 m provements-Phase-2.pdf Building size and massing: • How close will buildings be to the homes along Oni Oni Street? ■ How tall will the structures be? • What is the topography on the site? Is it higher near Onioni Street? Response: The project is still in its conceptual stage and the design and site plan may be refined as we continue through the process, however,the project will comply with all applicable setback requirements and building height restrictions. Currently, the building structure is envisioned to be four stories. Under the current conceptual site plan,the buildings will be roughly 200'-300'feet from the nearest property lines for homes on Oni Oni Street. Furthermore, there is also a planned "Future Alii Highway" envisioned to run through the parcel (Tax Map Key No. (3)7-5-017-038) between the Kuakln€Senior Living project and the homes at Oni Oni Street, creating a buffer. Find more about the planned"Future Alii Highway"and other Kuakini Highway Improvements here: http://oegcc..doh.hawa.ii.gov/EA__EIS Library/2013-03-23-HA-C EA-Kuakini-Highway- Improvements-Phase-2.pdf Flooding and drainage: • This area is prone to flooding and when it rains, can sheet down to Kuakini Hwy. • What flood mitigation measures will be in place on the site? Response: Kuakini Senior Living is very mindful of this issue.We will be working with the County of Hawaii to develop plans to address storm water run off during construction and for the project once completed.This effort will be addressed through required NPIDES permits. Services: work with the adult homeless drug addicted population in the area. I recognize that you have not yet selected an operator for the facility. I am very supportive of this project and hope we might consider very low to no-income patients for the project. There's a tremendous need. Response: As you note,we are still in the preliminary stages of the project and an operator for Kuakini Senior Living has not yet been selected. However,we appreciate the support for the project and recognize the need for services even for low or no-income Individuals. We will peep the community updated as we proceed and welcome ongoing discussions on ways our project can help those in need. Project Support; • I support the project and want to help.What can I do? Response: Mahalo for your support.We are still in the early stages but may soon go through a public approval process.At that time,we will send a notice and hope that you and others in attendance at today's meeting will express your support for this important and worthwhile project to serve seniors in West Hawaii. EXHIBIT 19 (Not Applicable) EXHIBIT 20 Water and Sewer 4 Valo H K DEPARTMENT OF WATER SUPPLY COUNTY OF HA'WAI'I 345 KEKOANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 r� 1, June 8,2016 Mr.Mali: Morrison, P.E. P,0. Box 529 Halttaloa, 1.11 96725 Dear Mr. Morrison:. Subject: Revised Water Usage Calculations Kona Senior Assisted Living and Skilled Nursing Tax Map Key 7-5-017:0051 This is in response to your letter dated May 31,2016.. We have reviewed the revised water usage calculations and find them acceptable. Based on the information provided,the total average daily water demand for the proposed project is estimated at 19,600 gallons per day(GPD). which is equivalent to a total of 49 units of water at 400 GPD per unit- Therefore,as there is an existing account assigned to the subject parcel,the existing water commitment in the amount of 19,200 gallons per day or 48 additional units of water is adequate fir the proposed development. Please be reminded that thtc to the elevation of the property,the developer will need to submit what is being proposed to provide water at adequate pressure and volume under peak-flow and fire-flow conditions. Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070,extension 256. Sincerely yours, ( Keith K.Okamoto,P. j Manafcr-Chief Engineer RQ:d rg copy—Planning Department . . . °Water, Our9l2ost(Precious ftsource. . . KP `Wai jq Kftl'te. . . The Oeparlmenl of Waler supply Is an Equal Opportunity provider and employer. i� I *OW EXHIBIT 21 Phase I r' I PHASE I ENVIRONMENTAL SITE ASSESSMENT Kona Proposed Skilled Nursing Facility PARCEL TMK#7-5-017:005 KAiLUA-KONA, HAWAII PREPARED FOR PAN PACIFIC MEDICAL DEVELOPMENT & PENSION TRUST CLIENTS MANAGED BY TDA ,JANUARY 17, 2013 HWA GEOSCI E NCES INC. • (rt'tlfl'C�tlllt'rlr F'rl�f�rrtee'11r7;, Q,a•Erc°��uir��rrrrr��rrtrt� �E•►'i�i�'E�• TABLE OF CONTENTS SECTION PAGE 1.0 INTRODUCTION....................................................................................................... 1 LIPURPOSE............................................................................................................................................... 1 1.2 SCOPE OF WORK...................................................................................................................................2 1.3 LIMITATIONS OF ASSESSMENT................................... ..........................................................................2 2.0 SITE DESCRIPTION.................................................................................................3 2.1 LOCATION.............................................................................................................................................3 2.2 PHYSICAL SETTING...............................................................................................................................3 2.3 GEOLOGICIHYDROGEOLOGIC SETTING.................................................................................................3 2.4 CURRENT USE OF THE SITE...................................................................................................................4 2.5 SITE DESCRIPTION...................................................................................................... ......4 ..................... 2.6 CURRENT USE OF AD]oINING PROPERTIES...........................................................................................4 2.7 USER-PROVIDED INFORMATION........................................ ...................................................................4 3.0 SITE HISTORY AND AGENCY REVIEW............................................................5 3.1 TITLE DOCUMENTS........................................................... ................................................................... 5 3.2 HISTORICAL AERIAL PHOTOGRAPHS.....................................................................................................5 3.3 HISTORICAL TOPOGRAPHIC MAPS........................................................................................................6 3.4 SANBORN INSURANCE MAPS AND REVERSE CITY DIRECTORIES............................ 7 3.5 AGENCY DATABASE REVIEW.... ........ ....................... ..........................................................................7 3.6 KNOWN OR SUSPECTED ENVIRONMENTAL CONDITIONS.......................................................................9 4.0 SITE INVESTIGATION.......................................................................................... 10 4.1 INTERVIEWS.........................................................................................................................................1 U 4.2 SITE RECONNAISSANCE.......................................................................................................................10 5.0 DATA GAPS AND EXCEPTIONS......................................................................... 12 6.0 PHASE I FINDINGS AND CONCLUSIONS........................................................13 7.0 REFERENCES.......................................................................................................... 14 List of Tables TABLE I Source Lists and Associated Number of sites.......................................................8 List of Figures(Following Text) FIGURE I Vicinity Map FIGURE 2 Site Location&Adjacent Properties List of Appendices APPENDIX A RESUMES APPENDIX B USER QUESTIONNAIRE APPENDIX C HISTORIC AERIAL PHOTOGRAPHS APPENDIX D HISTORIC TOPOGRAPHIC MAPS APPENDIX E HISTORIC SANBORN MAPS and REVERSE CITY DIRECTORIES APPENDIX F EDR REPORT APPENDIX G PHOTOGRAPHIC LOG PHASE I ENVIRONMENTAL SITE ASSESSMENT KONA PROPOSED SKILLED NURSING FACILITY Parcel TMK#7-5-417:005 Kailua-Kona, Hawaii 1.0 INTRODUCTION This report presents the results of the HWA GeoSciences Inc. (HWA)Phase I Environmental Site Assessment (ESA)conducted for the parcel TMK#7-5-017:005 under consideration for purchase by Pan Pacific Medical Development located along K.uakini Highway in Kailua-Kona, Hawaii (subject property). Figure 1 shows the site location and vicinity. HWA performed the Phase I ESA work for Pan Pacific Medical Development of Edmonds,Washington and their lender,Pension Trust Clients Managed by TDA of San Mateo, California. 1.1 Purpose The primary objective of the Phase I ESA was to evaluate the subject property for recognized environmental conditions (RECs). "The term recognized environmental conditions means the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release,a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface water of the property. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. The term is not intended to include de minimis conditions that generally do not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. Conditions determined to be de minimis are not recognized environmental conditions." (ASTM, 2005). Objectives of this Phase I ESA include: • Satisfying the requirements necessary to establish the innocent landowner defense under CERCLA. • Providing Superfund liability limitations for bona fide prospective purchasers and contiguous property owners. Such parties must undertake "all appropriate inquiry" into prior ownership and use of a property at the time of property acquisition. • Satisfying the requirements of brownfields grants awarded under CERCLA 42 U.S.C. Section 9604(k)(2)(B)(ii). } i January 17, 2013 HWA Project No. 2013-001-22 1.2 Scope of Work To accomplish the above-stated objectives for the Phase I ESA,the following scope of work was performed, in general accordance with ASTM Practice E-1527-05: • Conduct Environmental Data Review • Perform Site Investigation + Interview Owners/Operators, and/or past owners/operators or neighboring property occupants(if necessary to achieve reporting objectives) • Prepare this Phase I Environmental Site Assessment Report 1.3 Limitations of Assessment The conclusions expressed by HWA are based solely on material referenced in this report. Observations were trade under the conditions stated. Within the limitations of scope, schedule and budget, HWA attempted to execute these services in accordance with generally accepted professional principles and practices in the area at the time the report was prepared.No warranty, express or implied, is made. HWA's findings and conclusions must not be considered as scientific or engineering certainties,but rather as our professional opinion concerning the significance of the limited data gathered and interpreted during the course of the assessment. This ESA has been prepared on behalf of Pan Pacific Medical.Development and Pension Trust Clients Managed by TDA and is solely for use in an environmental evaluation. We are not responsible for the impacts of any changes in environmental standards,practices, or regulations subsequent to performance of services. We do not warrant the accuracy of information supplied by others, nor the use of segregated portions of this report. Unless specifically stated in the report, HWA has not performed specific testing or analysis to determine the presence or absence of any chemical, physical,radiological, or biological hazard or condition, including,but not limited to: wetlands, endangered species issues, asbestos containing materials, lead-based paint, lead in drinking water, radon, or PCBs.. This report and its findings are valid for a period of one year from the date of issue, with the exception of the following items, which require updates after a period of 180 days: interviews, site reconnaissance, and historical records review, HWA employee Vance Atkins and HWA's subconsultant Graham Knopp of GK Environmental LLC,both Environmental Professionals as defined in ASTM Practice E- 1527-05, conducted this Phase I ESA. Appendix A contains Mr. Atkins' and Mr. Knopp's resumes. 2013 001 Kona Phase I ESA 2 HWA GECSCIENCES INC. I ce 4 January 17,2013 HWA Project No. 2013-001-22 2.0 SITE DESCRIPTION The following report subsections provide a description of the site, the geographic setting, and geologic/hydrologic conditions,based on reviewed background documentation and the site reconnaissance. 2.1 Location The subject property, located adjacent east of the Kuakini Highway approximately two miles south of Kailua-Kona,Hawaii consists of a 14- acre crescent-shaped parcel. Other property descriptions are as follow: • Property Description: Waiaha 1 st-Puapuaanui 1 st Lot#3 • Parcel Number: 7-5-017:005 • Latitude-Longitude: 19.62570-155.98020(approximate center of parcel) Figure 1 shows the location and vicinity of the subject property. Figure 2 shows the approximate parcel boundary and general features. 2.2 Physical Setting The subject property lies on a gentle westward-sloping area approximately two miles south of Kailua-Kona, Hawaii. The site lies between the Kuakini Highway and State Highway 11 (Hawaii Belt Road). The site elevation is approximately 150 to 240 feet above mean sea level(MSL)across the site. Land use in the vicinity of the subject property is undeveloped and residential. 2.3 Geologic/Hydrogeologic Setting Geologic information for the subject property was obtained from a geologic map of the vicinity(Sherrod, et al, 2007). According to this map,the surface geology at the subject property consists primarily of basaltic lava flows and scoria of Holocene to Pleistocene age(approximately 5,000 to 11,000 years before present). The flows are sourced from the Hualalai volcano,located approximately 8.5 miles northeast of the subject property and are greater than 75 meters thick in the subject property vicinity. Ground water in the subject property vicinity typically occurs within fractured zones in the lava flows. Ground water within two miles of the coastline is `basal,' or in contact with the underlying sea water and is considered to be brackish and unsuitable for use (Mink and Lau, 1493). Ground water at higher elevations east of the subject property is described as `high-level' water and is potable and suitable for consumption. Ground water flow at the subject property vicinity is expected to be toward the west. 2013 001 Kona Phase I ESA 3 HWA GEOSCIENCES INC. l I January 17,2013 HWA Project No. 2013-001-22 2.4 Current Use of the Site The site is currently undeveloped and vegetated. 2.5 Site Description The subject property consists of roughly crescent-shaped parcel, shown on Figure 2. The subject property slopes gently to the west, and is undeveloped and vegetated. The nearest surface water body includes unnamed intermittent drainages within one- quarter mile north and south of the subject property. The Pacific Ocean is located approximately one-half mile west of the subject property. 2.6 Current Use of Adjoining Properties Adjoining property use includes: • West and Southwest; Resort property belonging to Wyndham Timeshare. • North and Northwest: Vacant and undeveloped. Beyond this to the north is a Retail Center and a portion of the Kona Hillcrest subdivision. • East and South: Street address is 75-6099 Kuakini Hwy. The property is gated and structures were not observed, although there is a separation of at least 500 feet between the subject property and the nearest development. This parcel appears to be the site of Kona University, 2.7 User-Provided Information Bruce Beard of Pan Pacific Medical Development provided a parcel map and legal description of the subject property. Mr. Beard also completed the User Questionnaire, which is included in Appendix B. 2013 001 Kona Phase 1 ESA 4 HWA GEQSCIENCES INC. January 17, 2013 HWA Project No. 2013-001-22 3.0 SITE HISTORY AND AGENCY REVIEW N Il The objective of consulting historical sources is to investigate the history of the previous uses of the subject property and surrounding area in order to help identify the likelihood ' of past uses having led to RECs in connection with the subject property. HWA investigated land use history by reviewing historical aerial photographs,topographic maps,reverse city directories,and Sanborn fire insurance maps. Historical research indicates the subject property has been undeveloped since at least I` 1924,the earliest readily-available historical documentation. �f ii ( 3.1 Title Documents 16 i' Title documents for the subject property were not provided and were not reviewed. No other historical title documents were provided. 3.2 Historical Aerial Photographs HWA reviewed historical aerial photographs of the subject property and vicinity available from Environmental Data Resources(EDR, 2013a)and Google Earth(2013). Copies of the EDR aerial photographs are included as Appendix C. 1954(EDR)—The subject property and surrounding area is undeveloped and vegetated. A roadway(Kuakini Highway)adjoins the subject property along its west boundary. A. i secondary road(Alii Drive) is approximately 2,000 feet west of the subject property. Alii Drive roughly parallels the Pacific Ocean. A limited number of unimproved access roads y and single-family residences are in the general site vicinity. 1976 (EDR) -The subject property appears much as it does in the 1954 photograph. A residential subdivision has been constructed approximately 500 feet north of the subject III property. Additional secondary roads have been completed in the site vicinity. Residential development is visible along the coast, 2,000 feet west of the subject property. 1985 (EDR)—The subject property appears much as it does in the 1976 photograph. Additional residential development is visible approximately 1,000 feet northwest of the subject property. An additional highway(Hawaii Belt Road,or State Highway 11)has been built approximately 2,000 feet east of the subject property and runs northwest to southeast. Il' 1992 (EDR)—The subject property and subject property vicinity appears much as it does 'i in the 1985 photograph. l 2013 001 Kona Phase I ESA 5 HWA GEOSCIENCES INC. �l January 17, 2013 HWA Project No.2013-001-22 1995 (EDR)—The subject property and subject property vicinity appears much as it does in the 1992 photograph. 2001 (EDR)—The subject property appears much as it does in the 1995 photograph. Residential-scale structures are visible west of Kuakini Highway. Large structures, identified elsewhere as facilities associated with Kona University,are visible approximately 1,400 feet south of the subject property. 2003 (Google Earth)—The subject property appears much as it does in the 2001 photograph. Residential development is visible west of Kuakini Highway approximately 750 feet south of the subject property. 2006 (Google Earth)—The subject property and subject property vicinity appears much as it does in the 2003 photograph. 2010 (Google Earth)—The subject property and subject property vicinity appears much as it does in the 2006 photograph. HWA did not observe any evidence within the subject property of surface features typically associated with environmental contamination that are visible in aerial photographs. 3.3 Historical Topographic Maps HWA reviewed historical topographic maps from 1924, 1959, 1982 and 1996 provided by EDR(EDR,2013b). These maps are included in Appendix D. 1924—The map shows the subject property and vicinity to be undeveloped. A roadway (Kuakini Highway)adjoins the subject property along its west boundary. A linear feature, labeled as the `Kuakini Great Wall' runs north-south east of the subject property. The Highway crosses the feature and the wall is approximately 250 feet west of the subject property at its closest approach. Land use to the west is sparse and probably residential. 1959—The map shows the subject property to be undeveloped. The Kuakini Highway has been improved. Secondary roadways are depicted in the vicinity west of the subject property roughly paralleling the Pacific coast. Two water tanks are depicted approximately 1,700 feet northeast of the subject property. 1982—The map shows the subject property to be undeveloped. A residential subdivision (labeled Hillcrest Park)has been constructed approximately 500 feet north of the subject property. Residential development is visible along the coast, 2,000 feet west of the subject property. 2013 001 Kona Phase I ESA 6 HWA GEOSCIENCES INC. Cie I' January 17,2013 HWA Project No. 201.3-001-22 1996—The map shows the subject property to be undeveloped. Additional residential development is visible approximately 1,000 feet northwest of the subject property. An additional highway(Hawaii Belt Road, or State Highway 11)has been built a approximately 2,000 feet east of the subject property and runs northwest to southeast. No features were noted on the maps indicating large-scale changes in topography or surface water, or other surface features typically associated with environmental contamination that would be recorded on topographic maps, other than gradual increase in roadway and residential development around the subject property vicinity. 3.4 Sanborn Insurance Maps and Reverse City Directories Sanborn Fire Insurance maps and reverse city directories were not available for the subject property vicinity. ,I 3.5 Agency Database Review The purpose of the records review is to obtain and review records that will help identify RECs in connection with the subject property. HWA contracted EDR to conduct a review of regulatory databases. Appendix F contains the complete EDR report,including a table summarizing the results of the database search,and maps showing the approximate locations of identified sites. Table 1 provides a summary of the lists reviewed, search radii, and corresponding acronyms. The EDR report did not identify sites on or directly adjacent to the subject property,or within the search parameters that could potentially be considered RECs. Appendix F contains a complete list of databases searched,location maps, and information on the individual facilities. 2013 001 Kona Phase I ESA 7 HWA GEoSCIENCES INC. l January 17, 2013 HWA Project No. 2013-001-22 TABLE 1 SOURCE LISTS AND ASSOCIATED NUMBER OF SITES Number List Search of Sites Agency Acronym/ID Description Radius Located US EPA NPL National PrioriList 1 Mile 0 US EPA Proposed NPL Proposed National Priodty List 1 Mile 0 US EPA Delisted NPL National Priority List Deletions 1 Mile 0 US EPA CORRACTS RCRA Corrective Actions 1 Mile 0 USGS DOD Department of Defense Sites 1 Mile 0 US ACE FURS Formerly Used Defense Sites 1 Mile 0 US EPA CONSENT Su erfund Consent Decrees 1 Mile 0 US EPA ROD Records of Decision 1 Mile 0 Comprehensive Environmental Response, US EPA CERCLIS Compensation,and Liability Information %Mile 0 System US EPA CERCLIS/NFRAP No Further Remedial Action Planned %Mile 0 US EPA RCRIS-TSD Resource Conservation and Recovery +/z Mile 0 Information System US EPA US ENG Engineering Controls Site List %Mile 0 CONTROLS US EPA US ENG Institutional Controls Site List Yz Mile 0 CONTROLS US EPA us BROWNFIELDS Listing of Brownfields Sites %Mile 0 US EPA UMTRA Uranium Mill Tailings Sites %Mile 0 US EPA ODI Oen.Drum Inventory %a.Mile 0 US EPA RCRIS-LQG RCRA Registered Large Quantity Generators Y.Mile 0 US EPA RCRIS-SQG RCRA Registered Small Quantity Generators %Mile 0 US DOL MINES Mines Master Index File %Mile 0 US EPA NPL RECOVERY Federal Su erfund Liens TP 0 US EPA I ERNS Emergency Response Notification System TP 0 US DOT HMIRS Hazardous Materials Information Reporting TP 0 System US EPA TRIS Toxic Chemical Release Inventwy System TP 0 US EPA TSCA Toxic Substances Control Act TP 0 US EPA FITS FIFRAITSCA Tracking System TP 0 US EPA SSTS Section 7 Tracking Systems TP ❑ US EPA ICIS Integrated Compliance Tracking System TP 0 U5 EPA PADS PCB Activit Database System TP 0 US NRC MLTS Material Licensing Tracking System TP 0 US EPA FINDS Facility Index System/Facility Identification TP 0 Initiative Program Summary Report US EPA RAATS RCRA Administrative Action Tracking System TP 0 State CSCSL Confirmed and Suspected Contaminated 1 Mile 0 Sites List State SHWS Hazardous Sites List 1 Mile 1 State CSCSL NFA Confirmed and Suspected Contaminated '/z Mile 0 Sites List—No Further Action State SWFlLF Permitted Solid Waste Landfills,Incinerators, yx Mile 0 or Transfer Stations State SWTIRE Solid Waste Tire Facilities '/z Mile 0 State LUST Leaking Underground Storage Tank Sites Y2 Mile 0 State i INST CONTROL Institutional Controls Site List %Mile 0 State VCP Voluntary Clean-up Program '%Mile 0 State I ICR Remedial Action Reports '/z Mile 0 1. 2013 001 Kona phase I ESA 8 HWA GEOSCIENCES INC. January 17, 2013 HWA Project No, 2013-001-22 Number List Search of Sites Agency Acronym/ID Description Radius Located State BROWNFIELDS Listing of Brownfields Sites Y2 Mile 0 State I UST Underground Storage Tank Database %Mile 0 State AST Aboveground Storage Tank Database %Mile 0 State MANIFEST Hazardous Waste Manifest Information 'l.Mlle 0 State DRYCLEANERS Active D cleaners Y.Mile 0 State INACTIVE Inactive Drycleaners '/.Mile 0 DRYCLEANERS State SPILLS Reported Spills TP 0 State CDL Clandestine Drug Lab Contaminated Sites TP 0 List State NPDES Water Quality Permit Systems Data TP 0 State WA EMISSIONS Washington Emissions Data System TP 0 Tribal INDIAN RESERV Indian Reservations 1 mile 0 Tribal INDIAN LUST Leaking Underground Storage Tanks on mile 0 Tribal Lands Tribal INDIAN UST Underground Storage Tanks an Tribal Lands '/4 mile 0 EDR Manufactured Gas Manufactured Gas Plants 1 Mile 0 Plants EDR Historical Auto Historical Auto Stations Y.mile 0 Stations EDR Historical Historical Cleaners '/.mile 4 Cleaners TP-Target Property State-Washington State Department of Ecology EDR proprietary database 3.6 Known or Suspected Environmental Conditions One site with a known release is listed on the EDR database report. This site(Alii Villas Condominium) had a reported release of oil from an electrical transformer. The site is approximately 2,400 feet west of the subject property and in a location assumed to be downgradient of the subject property. HWA also reviewed the EDR `Orphans' list of unmapped sites. Twenty-four sites were listed. Based on HWA's review of the sites and field observations,the listed sites are outside of the applicable search radii. 2013 001 Kona Phase I ESA 9 HWA GEOSCIENCES INC. January 17,2013 HWA Project No. 2013-001-22 4.0 SITE INVESTIGATION 4.1 Interviews HWA interviewed Ed Rapoza. Mr. Rapoza is part of the partnership that currently owns the parcel. The following is a summary of the interview conducted on January 17, 2013. According to Mr. Rapoza,the parcel was originally part of a larger property (approximately 1,000 acres)owned by the Gomes family for several decades. The Gomes used the property and surrounding area for cattle ranching. The stone walls on the property and surrounding area are artifacts from this land use. The parcel was sold as part of a larger land purchase to Stanley Tonono(date unknown). Mr. Tonono subdivided the parcel and developed a parcel to the south of the subject property as a plant nursery. He sold the subject property to the current ownership in 2006. Mr. Rapoza confirmed that the subject property is undeveloped and that there is no vehicle access to the property. There are no utilities on the property,although overhead electrical power is along the highway adjacent to the property. No grading or filling has occurred at the subject property to his knowledge,and there have been no incidents of dumping or hazardous materials releases at the subject property. 4.2 Site Reconnaissance Mr. Graham Knopp of GK Environmental LLC conducted a site reconnaissance on January 9, 2013. The site reconnaissance proceeded with a walking tour of the subject property, followed by a drive-by reconnaissance of surrounding areas for evidence of surficial contamination or use and/or storage of hazardous or regulated materials. Mr.. Knopp's observations were based on a field estimation of the approximate site boundaries, and were limited to what could be observed from publicly accessible areas. There is no site access along Kuakini Highway(e.g.,roads or driveways). The subject property is generally bordered by a rock wall along Kuakini Highway. The southwest property corner adjacent to the highway was staked and the approximate northwest property comer was identified based on field measurements. Mr. Knopp entered the site on foot at the southwest property corner and followed a stake line along the south property boundary to the southeast corner of the subject property. He also walked the interior of the subject property. The subject property is undeveloped and vegetated. No evidence of roads or trails was observed at the subject property. Guinea grass obscures much of the ground surface of highly weathered a'a lava. 2013 001 Kona Phase I ESA 10 HWA GEOSCIENCES INC. January 17,2013 HWA Project No. 2013-001-22 No evidence of filling or grading of the subject property was interior observed. Rock walls,rock mounds,and rock structures (e.g., enclosures)comprised of native lava rock were encountered. Small amounts of non-hazardous household waste were observed dumped near the residential properties near the northernmost portion of the subject property. No dumping or other evidence of contamination was observed in the interior of the subject property. A box culvert is located near the southwest property comer,adjacent to a non- channelized swale. The swale was dry at the time of the site visit. Sections 2.2,2.4,2.5 and 2.6(above)describe the site setting,characteristics, and use of adjoining properties. Appendix G contains selected site photographs. 4.3 Utilities The subject property is currently undeveloped and not served by public utilities. No j wells,drywells, or septic systems were reported or observed.No excavations, fill soils,or underground tanks were observed. An overhead electrical power line is located along the Kuakini Highway and a power pole containing a transformer in good condition was observed near the northwest comer of the subject property. f`t L, 2013 001 Kona Phase d ESA 11 HWA GEOSCIENCES INC. 1 January 17, 2013 HWA Project No. 2013-001-22 �} 5.0 DATA GAPS AND EXCEPTIONS Data gaps(as defined in 40 CPK Part 312.10)in the information developed as part of the all appropriate inquiry affect the Environmental Professional's ability to identify conditions indicative of releases or threatened releases of hazardous substances, pollutants, contaminants,petroleum and petroleum products, and controlled substances on, at,in, or to the subject property. HWA did not identify significant data gaps that could affect the outcome of the findings presented herein. A�J1f 2013 001 Kona.Phase I ESA 12 HWA GEOSCIENCES INC. I ARL January 17, 2013 HWA Project No.2013-001-22 f - f 6.0 PHASE I FINDINGS AND CONCLUSIONS I HWA has performed a Phase I Environmental Site Assessment in general conformance with the scope and limitations of ASTM Practice E 1527-05 of parcel TMK# 7-5-017:005 under consideration for purchase by Pan Pacific Medical Development located along Kuakini Highway in Kailua-Kona, Hawaii. Any exceptions to, or deletions from, this practice are described in Section 5.0 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with the subject property. y Based on these findings, HWA does not recommend a Phase 11 ESA at the subject property. i I 'y i i i i I s 1 l+ 2413 001 Kona Phase I ESA 13 HWA GmSCIENCES INC. ,I) t January 17, 2013 HWA Project No. 201.3-001-22 7.0 REFERENCES ASTM, 2005, Standard Practice for Environmental,Site Assessments:Phase I Environmental Site Assessment Process, E 1527-05. EDR, 2013a, Aerial Photo Decade Package, EDR Inquiry#3486746.5 EDR,2013b, Historical Topographic Map Report, EDR Inquiry#3486746.4. EDR, 2013c, EDR Sanborn Maps, EDR Inquiry#3486746.3. EDR, 2013d,EDR City Directory Image Report, EDR Inquiry#3486746.6, EDR, 2013e, EDR Radius Map, EDR Inquiry#3486746.2. Mink, J.F.,and Lau, S, 1993,Aquifer Identification and Classification for the Island of Hawai"i: Groundwater Protection Strategy for Hawai'I, Technical Report No. 191, University of Hawaii Water Resources Protection Center, dated May. Sherrod, David R. et al, 2007, Geologic Map of the State of Hawaii,United States Geologic Survey Open-File Report 2007-1089. 2013 001 Kona Phase I ESA 14 HWA GEOSCIENCES INC. Ar 1 % w%KAjLQ ..,. _ A. T I>'IQk • '•r NCem Oneo Bch € r A � � .til• � I Y,��' � .� • _ `i�"�: F� . PA Peakai re'i �+1' f: ' f l WT' ' ••' � .W�'tes •- • Vater ` Taoks ; i ,1hf 4GlCS P v r. 7 nki r # '�3 Y r E ..�.: IilliGre rrr rN ■ F ark f r.r a.wrr oil -�pAD t I IF'If. SUBJECT .�- 't ..P • SPA w pI PROPERTY :'rraC r. P U •" i ! * PO'SowP, .4 •K Belo 4� { 01000. ABM 53 T r k11-1' .. ■No N NN N r' r L �a r I 1 •N � 4 Based on U.S.G.S.topographic maps provided by EDR(2013a). Not to scale VICINITY MAP FIGURE NO. KONA PROPOSED SKILLED NURSING FACILITY I 11►\A GEaSCIENCES INC. PHASE:I ESA PROJECT NO V M� KAILUA•KONA,HAWAII 2013-001 r 2 3n ` �{ z ��' "•" �f a fM r it' ,fit � t� y �.• S /. � �. k .. � '%,- � t� a •• l .'7• �up':. - r Y ■ "". ; GO co APPENDIX A {' RESUMES i' t a 11 �a I 4' l 4 a i I We declare that,to the best of our professional knowledge and belief,we meet the l definition of Environmental Professional as defined in §312.10 of 40 CFR 312. We have the specific qualifications based on education, training,and experience to assess a property of the nature, history,and setting of the subject property. We have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312. II VANCE ATKINS,LG,LHG SENIOR HYDROGEOLOGIST I. EDUCATION Graduate Study in Ground water Hydrology,New Mexico Tech, 1991 f B.S., Geology,University of Puget Sound, 1990 PROFESSIONAL REGISTRATIONS Geologist/Hydrogeologist#132 (2002) Certified.Professional Geologist#1.0359,American Institute of Professional Geologists (1999) a4 OSHA HAZWOPR 40-hour training(1994) ti OSHA 8-hour supervisor training(1995) EXPERIENCE Mr.Atkins has over 20 years of experience as a hydrogeologist and has performed a variety of work elements associated with hazardous waste site and water resource projects. His experience includes environmental site assessments, site investigations,removal and closure of underground storage tanks(USTs),ground water monitoring well installation and sampling,surface and subsurface soil and water sampling,Environmental Impact Studies, dewatering system design,water resource assessments,and project management. SELECTED PROJECTS Bothell Crossroads,Bothell,Washington.Mr.Atkins completed Phase I ESAs of six properties under consideration for purchase by the City as part of a downtown redevelopment project and associated roadway realignment. He completed sampling and analysis plans for selected properties and conducted multiple on-site investigations to ,i delineate contaminated areas,and identified potential construction impacts associated with contaminated soils and groundwater at the properties. Managed site remediation during subsequent construction phases. Everett Housing Authority Multiple Environmental Phase I ESA's,Snohomish County,Washington.Performed Phase I Environmental Site Assessments for the Housing t5' 8't g Authority on seven properties in Everett,Washington.The subject properties were multi- unit residential developments under consideration for purchase or refinancing by the Housing Authority. I' II White River Corridor Phase I Site Assessment,King and Pierce Counties, Washington. Performed a Phase I Environmental Site Assessment on approximately 2,500 acres along a 10-mile corridor adjacent to the White River west of Buckley,Washington. The subject property is undeveloped forest land,with the exception of construction associated with a hydroelectric diversion flume and utility right-of-ways. The property was l �t being transferred from utility company ownership to public land. This Phase I ESA was conducted in general accordance with ASTM standard E-1527-05. Beaver Creek Phase I Site Assessments,Sappho,Washington. Performed a Phase I Environmental Site Assessment on 440 acres of land located north of Sappho, The subject property is undeveloped forest land,except for timber harvesting since the early 1900's. The property was being transferred from ownership by a timber company to temporary land conservancy ownership. Completed an additional Phase I ESA in April 2008 for transferal of the property from conservancy ownership to public land. This Phase I ESA was conducted in general accordance with ASTM standard E-1527-05 and included completion of additional U.S. Forest Service scope requirements. Yakima Valley Transportation Company Phase I Site Assessment,Yakima, Washington.Managed and performed a Phase I ESA at a historic property located in Yakima for a purchase by the City for preservation and use. Based on the findings of the Phase I ESA, a Phase H ESA was recommended at the site to assess potential historic impacts. Boise Cascade Phase I Assessments,multiple sites, national. Managed Phase I ESAs for multiple properties nationwide. Coordinated and managed staff in 25 offices for over 30 sites. Compiled and produced draft and final reports with client review. Home Depot Phase I & H Assessments,multiple sites,western Washington and Oregon. Managed and performed Phase I ESAs for multiple properties in western Washington and Oregon. Managed and performed follow-up Phase II site investigations at sites where potential RECs were identified. GRAHAM PAUL KNOPP, PH.a. (808) 775-1520 office P.O. Box 1360 (808) 938-8583 cell Honokaa„ HI 96727 GPKNOPPQGKENVLLC.COM ENVIRONMENTAL SCIENTIST Dedicated and cross-discipline creative problem solver with more than 12 years of environmental and geotechnical engineering experience who adapts rapidly to challenges and champions new opportunities and projects. People-oriented individual with ability to quickly establish client rapport, assimilate complex data and build long- term client relationships and generate bottom-line profitability. Recognized for a high degree of professionalism and experience, high integrity, and notable achievements as a scientist, engineer, and businessperson. Proven broad-based strengths and accomplishments with a cutting-edge environmental engineering education. Core Competencies: Project Management • Regulatory Affairs and Compliance • Environmental Site Investigations • Coastal Erosion Studies ■ Water, Wastewater, and Water Resources Engineering • • Environmental Health and Safety a Cost-Effective Solution Oriented • . Time-Critical Results • Field Activity Coordination PROFESSIONAL EXPERIENCE GK ENVIRONMENTAL LLC, Honoka'a, Hawaii 2004 -2012 Proprietor Provides environmental consulting services for public and private sector clients throughout the State of Hawaii. Specializes in preparation of Phase I and I) Environmental Site Assessments, environmental impact assessments, preparation of environmental protection plans, stormwater pollution prevention plans, and a variety of planning consulting services. Extensive work plan development, report and proposal writing, data analysis and documentation. LEED Accredited Professional. GEOMETRICIAN ASSOCIATES LLC, Hilo, Hawai'i 2004 - 2007 Associate Responsible for all facets of environmental impact assessment studies. Composed documents for publication. Performed supporting fieldwork, particularly including management of sub-contracting archaeologists and botanists. Performed a variety of related studies and activities, including visual impact assessments, public meetings. Documents prepared included environmental impact statements, environmental assessments, Conservation District Use Permit Applications, Special Management Area applications, and Land Use District Boundary Amendment Petitions. ENGINEERING PARTNERS, INC., Hilo, Hawaii 2003 -20L Field Engineer Performed field engineering work including topographical surveys, wetland and drainage studies, percolation tests, and in-office civil design work, as well as preparation of NPDES permits and water variance applications. KLEINFELDER GROUP LLC, Oakland, California 2000 —2001 Staff Scientist and Field Engineer Performed a variety of environmental activities in the San Francisco Bay Area including, but not limited to: • Geotechnical and environmental site investigations; • Environmental soil, groundwater, and stormwater monitoring and sampling; • Phase I and II Environmental Site Assessments; • Maintenance of groundwater monitoring and treatment systems; • Office Health and Safety Officer; ■ Reporting of environmental monitoring activities for regulatory compliance. • Performed all field and office functions for soil sampling and analysis, groundwater and surface water monitoring, modeling, sampling, analysis and remediation. Rapidly developed a large number of geotechnical field skills, including, but not limited to: • Field supervisor for approximately 70 geotechnical field investigations; • Managed a geotechnical soils laboratory, performing ASTM standard tests; • Performed field inspections for foundations, footings, drilled piers, _ • Assisted with preparation of geotechnical investigation report documents; and • Achieved greater than 98% utilization throughout tenure. EDUCATION Master of Science in Environmental Engineering Sciences with Emphasis in Water, Waste Water and Water Resources Engineering - 2011 University of Florida, Gainesville, Florida Doctor of Philosophy in Astronomy - 1997 Master of Science in Astronomy - 1995 University of Hawaii at Manoa, Honolulu, Hawaii Bachelor of Science in Physics with Honors - 1992 University of Wisconsin — Madison, Wisconsin rt APPENDIX B USER QUESTIONAIRE j ply J I r I 3; l 1 01/02/2013 1 '04PM .FAX 4257780471 PPMD 00001/0002 December 13,201 Proposal No.P7064 USER QUESTIONNARa;B INTRODUC 700 In order to slualiiy for one of the Landowner Liability Pro%ctlom(I, Ps)'offered by the 3rna11 Bus%ness Liability Relief and Brownflelth Revitalization Act of2WI (the"Brownflelds Arncudmeli ),the uicr crust provide the following,inforukioo(if available)to the envimnmewtal professional:Faitur+e to provide this inf motion could result in a detzr-mimation that"ell appropriate Jntgniry"is not cousptete, 1.RrniMHMental clewrup lions that arefiled or recorded against the site(40 CFR 312.25). Are you await of may mv.ironmetrial cleanup liens against the proparry that are filod or*turded under Federal,tribal,state or local law? Z Activity and load use limitations that are in place Air the sop or Vaal have been filed nr recorded in a registry(40 CFR 312.26). Arc you aware of any AULs,such as engineering controls,land use restrictions or institutional controls that lam In aw, place at the site and/or havebeen tiled or recorded in'a rogistry.under federal,tribal,scala or local —4/10 3.Specialised kowledge or experience of the person saek ft to grta 6fvr the LLP(40 GFR 31 Z28). As the user of this ESA do you have any specialized knowledge or experknae related to the property ar nearby properties?For exampie,=you involved in the some line of business as the etir�t or former occupants of the property or an adjohag property so that you would have specialized knowledge of the- chemicals hechemicals and processes used by this type of business? d.Relationship of the purchase price to the fair market value of the property if It were not.contamirwted (40 CFR 312.29). �� �. .• � ..,•,r Does the purchase price being paid for tins property reasonably reflect the fair market value of ttae property?If yon enriclude tl at there is a differenco,have yow considered whether the lower purchase price is because contamination is known or believed to be present at the property? �� I °3/4e 5.Commanty known or reasonably aswiatrrahle information about the property(40 CFR 312.30). Are you aware of commmly known or reasonably ascertainable information about the property chat would help the environmental professional to identify conditions indicative Of releases or ttucatcned releases?For example,as user, a.Do you know the past uses of the property? b.Do you know of specific chemicals that are present or once were present at the property? c N you know of spills or other chemical releasea that have Mkon plum at the property? d.Do you know of any environmental cleanups that have taken place at the prop"? 6. Tire degree a f obviousness of the presence of likely peasencs of contamination at the property,, acrd the ability to detect the contamination b3'appropriate investigation(40 CFR 31 .31 f. Landowner Liability Protections,or LLPs,is the term used to describe the three Was of potential defenses to 5upeifitnd kfAility ire EPA's int inti Guidance Regarding Criteria Landowners Must Meet in Order to Qualify for Bona Fide Prospective Purchaser,Comtiguous Property Owner,or Innocent Landuwnx Limitations on CEIkCLA Liability("Common Elements"Guido)issued on March 6,2003. Kona Pin Proposal 9 HWA GEoSmNcEs INN. 01/02/2013 1 :04PM FAX 4257780471 PPMO Id0002/0002 DeccrAex 13,2012 Prop(Mal No,P7064 As the mer of Wo BSA,based on yotEr knowledge nd expmi=4 related to tho pro pelly am Wn my obvious indicatom that point to the presence or likely pvsmuc of mutAmblation at the P", Kona PHI Propo3al � 10 RWA GmSciENcEs INc. APPENDIX C HISTORICAL AERIAL PHOTOGRAPHS Kona Proposed Skilled Nursing Facility Lot 3 Waiaha 1 st Puapuaanui 1 st Kailua Kona, Hl 96740 Inquiry Number: 3486746.5 January 03, 2013 70 w The EDR Aerial Photo Decade Package 440 Wheelers farms Road Milford, CT 06451 (rEDR" Environmental Data Resources Inc 800.352.0050 www.edrnet.com EDR Aerial Photo Decade Package Environmental Data,Resources, Inc. (EDR)Aerial Photo Decade Package is a screening tool designed to assist environmental professionals in evaluating potential liability on a target property resulting from past activities. EDR's professional researchers provide digitally reproduced historical aerial photographs, and when available,provide one photo per decade. When delivered electronically by EDR,the aerial photo images included with this report are for ONE TIME USE ONLY. Further reproduction of these aerial photo images is prohibited without permission from EDR. For more information contact your EDR Account Executive. Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer- Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED,IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT.ENVIRONMENTAL DATA RESOURCES,INC.SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES,INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.ALL RISK IS ASSUMED BY THE USER.IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES,INC.BE LIABLE TO ANYONE,WHETHER ARISING OUT OF ERRORS OR OMISSIONS,NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE,FOR ANY LOSS OF DAMAGE,INCLUDING,WITHOUT LIMITATION,SPECIAL,INCIDENTAL, CONSEQUENTIAL,OR EXEMPLARY DAMAGES.ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES,INC.IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT.Purchaser accepts this Report AS IS.Any analyses,estimates,ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only,and are not intended to provide,nor should the be interpreted as providing any facts regarding,or prediction or forecast of,any environmental risk for any property.Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property.Additionally,the information provided in this Report is not to be construed as legal advice. Copyright 2013 by Environmental Data Resources,Inc.All rights reserved.Reproduction in any media or format,in whole or in part,of any report or ma } of Environmental Data Resources, Inc.,or its affiliates,is prohibited without prior written permission. J EDR and its logos(including Sanborn and Sanborn Map)are trademarks of Environmental Data Resources,Inc.or its affiliates.All other trademarks used herein are the property of their respective owners. Co Date EDR Searched Historical Sources: Aerial Photography January 03,2013 J Target Property: Lot 3 Waiaha 1st Puapuaanui 1st Kailua Kona,III 96740 Year Sf9k Details Source 1954 Aerial Photograph.Scale:1"=754' Panel#:19155-178,Kailua,HIJMight Date:October 01,1954 EDR 1976 Aerial Photograph Scale-V=1000' Panel#: 19155-F8,Kailua,HI)Right Date:December 20,1976 EDR pi 1985 Aenal Photograph.Scale V=1000' Panel# 19155-F8,Kailua,H1:/Fbght Date:April 29,1985 EDR 1992 Aerial Photograph.Scale: 1"=1000' Panel#. 19155-F8,Kailua,HIVlFhght Date.:September 21,1992 EDR 1l lj 1995 Aerial Photograph Scale:1'=750' Panel#: 19155-F8,Kadua,Hl,/Flight Date:September 05,1995 EDR 2001 Aerial Photograph,Scale: 1"=500' Panel#:19155-F8,Kailua,HIVComposite DOQQ-acquisition EDR dates:October 14,2001 April 16,2001 j� t I ' it r f i l 1 3486746.5 2 t r ' 4 �l w R � r . r. f w i � X e F� W m � 'u _ `�..' ... i am MI. Le Oallint a .} �p• a 'Io r r � _. ■ {hrrr, .•1�r'1� _�, .`W1�� j� ,�,'�, �. � .,fit �,'° .. 1. i f $47'. A .M 4 lit'� t X14 i K 10 fit or M x r �R r, .RN. r t • ,'� d e r �+ '4 1i4 �..• t r�'t, 4 j ,. tilt AP 40 ' ,, w 4 v t htto 0701�� a w,j i'r, N#ml `fit` " .fit . r. iyr 4w t MM A di .. r - o , ° ° , 1 A .ry pow r .. .. .ep �.. .rix•, �.:'� M-�>�" � � ° - r _. , ��• h jr r V� " � N 17 • 3X n i 7V, r , r g " Y • ! N !Y 4. X 0 AL w N. f I d • ,r .ra f '. r r 4'* A Ii 'A"k z APPENDIX D HISTORIC TOPOGRAPHIC MAPS V Kona Proposed Skilled Nursing Facility Lot 3 Waiaha 1 st Puapuaanui 1 st Kailua Kana, HI 96740 Inquiry Number; 3486746.4 January 03, 2013 EDR Historical Topographici Report 440 Wheelers Farms Road Milford,CT 06451 CEDR" Environmental data Resources Inc 800.352.0050 www,edrnet.com EDR Historical Topographic Map Report � l Environmental Data Resources, Inc.s(EDR) Historical Topographic Map Report is designed to assist professionals in evaluating potential liability on a target property resulting from past activities. EDRs Historical Topographic Map Report includes a search of a collection of public and private color historical topographic maps,dating back to the early 1900s, Thank you for your business. Please contact EDR at 1-800-352-0050 With any questions or comments. Disclaimer-Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources,Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources.NO WARRANTY EXPRESSED OR IMPLIED,IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT.ENVIRONMENTAL DATA RESOURCES,INC.SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES,INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.ALL RISK IS ASSUMED BY THE USER.IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES,INC.BE LIABLE TO ANYONE,WHETHER ARISING OUT OF ERRORS OR OMISSIONS,NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE,FOR ANY LOSS OF DAMAGE,INCLUDING,WITHOUT LIMITATION,SPECIAL,INCIDENTAL, CONSEQUENTIAL,OR EXEMPLARY DAMAGES.ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES,INC.IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT.Purchaser accepts this Report A5 IS.Any analyses,estimates,ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only,and are not intended to provide,nor should the be interpreted as providing any facts regarding,or prediction or forecast of,any environmental risk for any property.Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property Additionally,the information provided in this Report is not to be construed as legal advice. Copyright 2013 by Environmental Data Resources,Inc.All rights reserved.Reproduction in any media or format,in whole or in part,of any report or map of Environmental Data Resources,Inc.,or its affiliates,is prohibited without prior written permission. a EDR and its logos(including Sanborn and Sanborn Map)are trademarks of Environmental Data Resources,Inc.or its affiliates All other trademarks used herein are the property of their respective owners. Historical Topographic Map n akoLA Kt ' OW— �7' TE S H vpe .L r4 S �- 11 ♦ � ti tt . 0 .'SCS.. • \^r 4. 'i��y. F'� �, E � � r crrFry Ivy , t/ �/ , �•t- i- J .. �3. + y + M & .� e 1 4 jjjyy qq " + ti LJ f1 t. a ,. ,.� . GOP .?i%000 YARDS TARGET QUAD SITE NAME: Kona Proposed Skilled Nursing CLIENT: HWA GeoSciences, Inc. N NAME: KALAOA Facility CONTACT: Vance Atkins MAP YEAR: 1924 ADDRESS: Lot 3 Waiaha 1st Puapuaanui 1 st INQUIRY#: 3486746.4 Kailua Kona, H{96740 RESEARCH DATE: 01/03/2013 SERIES: 7.5 LAT/LONG: 19.62571-155.9802 SCALE: 1:31680 Historical Topographic Map +err" Tip d�,'r �, , fir. * • y F.f�r({b�•�i�: �. 5 •(i`•.�,r,.!`/".rte ,t�: ��� �_, �. !a� ter. r . 1�' E••L.�L� �h.�j� y����•�w�'�5f��,�i,'ey�,�r 9� M '�S'. � a p � —'� Y�:.., i � •:,•�E yy4..+, •,,l to r f-`•h.` .' �' -...r'~�e r `.., � h � "� ,� r"«i f J ".Wale t t 7R �i '�•' l .a `r.f� S ,r•.• ! ,« '•«+•w Water a. • _ r 1 a a 1 x, :W r .'.'4 •.<' .. w7tera, /. 'N •� � r 41N3. - „" �tLc — rlirWater L lt'+ _ I A �rylr t V 0 R,r. averr .: ,Kailua Rny r � � ea, cem .♦ �eG Wilzr [z • vatLKa lae � taaakal ` S. lt\...�WTr. x. 1 r.• ,''�l •71�iSif,N"RT}{ .w C11�7�„T.--1•^^�",Y Hack-4 WatePa.' # h't/'ELfNO Watc�'C —•. ' .T 'tff�Mra ;r •r, � �� ^�� �€ } r.asov�cao+lr A � `.,4 l 1.'cp��.�Fs� � .� ,� 5. t 330404 FEET 57 3D1V TARGET QUAD SITE NAME: Kona Proposed Skilled Nursing CLIENT: HWA GeoSciences, Inc. N NAME: KAILUA Facility CONTACT: Vance Atkins MAP YEAR: 1959 ADDRESS: Lot 3 Walaha 1st Puapuaanui 1 st INQUIRY#: 3486746.4 Kailua Kona, Hl 96740 RESEARCH DATE: 01/03/2013 SERIES: 7.5 LAT/LONG: 19.6257 1-1 55.9802 SCALE: 1:24000 Aw Historical Topographic Map i ' f I. , " . y V Pit t d �� *" �� �� •tee '• , d 000�, � � t o l r� (6) ` �, n•'— � . I � i ua-Kc D, _ 4 � 6 . f •.+. � +. .., �... �•—.. . .max rs.t it) ' r A A� „f r /,..-n., (] • + "„� ".,'y�.f.F� �'•. s�' a lire.-• ell ailua CIO t1eWT m 1% { t { U,irra I3 A ' A�a d e r f_ lr Ke 1aego Pge�cd& � ti � 1WT i. V r y$.• Wale, W • { r3it'r�.y Tr�rrl.s q {' R F�' Tank rX 8as o� .. .� 0 ,� o� J,qt. FillPak ••r � •"'may,td'% - OA'Cf d ]] ]1 � r� �,, •:I _ 1, A ['i 5 ;ll S *'r r �: " Wei� • a a y S j1 4t r ICah�lt �Ba 4 it '� + `i.. J ” 10, aannnn FrPT TARGET QUAD SITE NAME: Kona Proposed Skilled Nursing CLIENT: HWA GeoSciences, Inc. N NAME: KAILUA Facility CONTACT: Vance Atkins MAP YEAR: 1982 ADDRESS: Lot 3 Waiaha 1 st Puapuaanui 1 st INQUIRY#: 3486746.4 Kailua Kona, HI 96740 RESEARCH DATE: 01103/2013 SERIES: 7.5 LAT/LONG: 19.6257 1-1 55.9802 SCALE: 1:24000 Historical Topographic Map 4.2 ��C' .o t f ' � � � �`.` � VII � �^ ., '• .. i � .. r \� ' 4 r e tlf 01JE rry ' Pr .. , 4 � lb It 1 *x w � f X � ` ` i 4IN, I ' ...a . {2 .. ♦�'` . ►� ,. _.,_ i - — >_.-_ate n 4 Untsk r i ! Jw r 1 r, � '.'y. A'ri`�� ar1k� '� •1 VVT - a y , 1 a C w Assksl .m `�� �a�, t P,I ►1• 4 �� VVyyater„�! � Tapks •Y;V1 } ��j kt1 Tonka' • 1 [ 1 m fhl Ear r; '~"✓ Prl.r.: •�.'• pfpA U L• 3 _ _ t .fir•'• S 1t• •�` l w► 1^ ':r sTa,� _ P U A A 1 wn TARGET QUAD SITE NAME: Kona Proposed Skilled Nursing CLIENT: HWA GeoSclences, Inc. N NAME. KAILUA Facility CONTACT: Vance Atkins MAP YEAR: 1996 ADDRESS: Lot 3 Waiaha 1st Puapuaanui 1st INQUIRY#: 3486746.4 Kallua Kona, HI 96740 RESEARCH DATE: 01/0312013 SERIES: 7,5 LAT/LONG: 19.6257 1-1 55.9802 SCALE: 1:24000 Historical Topographic Map 57 30 r OP �+ µ .a aIc a _. i �1, s, � •y4 Z �3 , �y ,,r HO rr7 0, 1 t 90 la ct U v 1Ta1e1fc2n1 ana Ube? k lo f � V _ E'7�GGen BQ�' 7 �♦ � �r� � � � 1, �I� �� p•�,f� ��{�ry� ADJOINING QUAD NAME: KAINALIU SITE NAME: Kona Proposed Skilied Nursing CLIENT: HWA GeoSciences, Inc. N MAP YEAR: 1924 Facility CONTACT: Vance Atkins ADDRESS: Lot 3 Waiaha 1st Puapuaanui 1 st INQUIRY#: 3486746.4 SERIES: 7.5 Kailua Kona, HI 96740 RESEARCH DATE: 01/03/2013 SCALE: 1:31680 LAT/LONG: 19.6257/•155.9802 Historical Topographic Map on rr vv U. .I. ' Kahelp �� T YWater + fW iG gym . = s A1�rurrxr�ta�T; woo „I H . � 77 ro _ AL r — — s Kamoa Pt ;. 1 ?uPn� N ``rr) ti yZ� , . d7isapgeuring Sands ,• � Y 9elaeaak- 51 rt�F 7 Cem .�. v qui Water 1 Knla�tul{��q� +�" � x:•, I� ? `pI JS Rahaluti , xr .1 r:yHyricr� � II ti 4.OW111 Psrk I i Kalaao o Kalak�!.11 I ADJOINING QUAD NAME: KEALAKEKUA SITE NAME: Kona Proposed Skilled Nursing CLIENT: HWA GeoSciences, Inc. N MAP YEAR: 1960 Facility CONTACT: Vance Atkins ADDRESS: Lot 3 Waiaha 1st Puapuaanui 1st INQUIRY#: 3486746.4 SERIES: 7,5 Kailua Kona, HI 96740 RESEARCH DATE: 01/0312013 SCALE: 1:24000 LAT/LONG: 19.6257/-155.8802 Historical Topographic Map F;' f86raunIT'�. KAaLu.t-, s m� 57'30'r A,1',,lu 1� "' dt,"�• �' Puapuaa Pt 4' vvlk) Watu T• .v .�`• 1�, Tank .�Mt'l'kt5\it1AT 1 t 1.11tihl.STI� r�r+f aarr lr err I;frl! �gi 'ti'•. ,I' 1 orate Tdn Kar'noa Pt m uuta ,� 4 �� .. I Ta n�; , i � I � 0 Paiaor. me tiear:trr Park (Disappearing Sandi;(11jouhN Wh u,Sands Beach Park , . + r •.� KuemanuHmal,' Water 1 K(rlw torr f3m) Tan /` Kahak u bee& 'r•k:elialuti Park .� ' : Hratei t ° Ketaudnunl _ %Tanks Ftr3c�ia .; Kalaau o Kalal•,anl y • ; , g ADJOINING QUAD NAME: KEALAKEKUA SITE NAME: Kona Proposed Skilled Nursing CLIENT: HWA GeoSciences, Inc. N MAP YEAR: 1982 Facility CONTACT: Vance Atkins ADDRESS: Lot 3 Waiaha 1st Puapuaanui 1st INQUIRY#: 3486746.4 l SERIES: 7.5 Kailua Kona, HI 86740 RESEARCH DATE: 01/03/2013 SCALE: 1:24000 LAT/LONG: 19.62571-155.9802 Historical Topographic Map 6°00' '86"°"E '87 88 109 57`30- '90 LSA IN r K help p� +•' F f� rli r ABM 53 111111 s I � I Aj lbobblua ba Say j!"r 1' w ' � I .y► � I ry i e I K OLONAHIH15TATE HISTORICAL PARK r grR Pbhoehve chi rk t`� 1 : •x.� Whda Sa s Beach Perk 9 ii y}y I 'I _J I I "" TG ,I• 11 ADJOINING QUAL? NAME: KEALAKEKUA SITE NAME: Kona Proposed Skilled Nursing CLIENT: HWA GeoSciences, Inc. N MAP YEAR: 1996 Facility CONTACT: Vance Atkins ADDRESS: Lot 3 Waiaha 1st Puapuaanui 1st INQUIRY#: 3486746.4 SERIES: 7,5 Kailua Kona, HI 96740 RESEARCH DATE: 01/0312013 SCALE: 1:24000 LAT/LONG: 19.5257/-155.9802 APPENDIX E HISTORIC SANBORN MAPS i i t i i r. I�! I} I' ti !I Kona Proposed Skilled Nursing Facility Lot 3 Waiaha 1 st Puapuaanui 1 st Kailua Kona, HI 96740 Inquiry Number: 3486746.3 January 03, 2013 Certified Sanborn@ 1 ` " 11 440 Wheezers Farms Road Milford, CT 06451 (rEDRO Environmental data Resources Inc 800.352.0050 www.edrnet.Com Certified Sanborn@ Map Report 1103113 Site Name: Client Name: Kona Proposed Skilled Nursing HWA GeoSciences, Inc. Lot 3 Walaha 1st Puapuaanui 21312 34th Drive SE EDR" Environmental Data Resources Inc Kaiiva Kona, HI 96740 Bothell, WA 98021 EDR Inquiry# 3486746.3 Contact: Vance Atkins The complete Sanborn Library collection has been searched by EDR, and fire insurance maps covering the target property location provided by HWA GeoSclences, Inc, were identified for the years listed below. The certified Sanborn Library search results in this report can be authenticated by visiting wwvw,edrnet.com/sanbom and entering the certification number. Only Environmental Data Resources Inc. (EDR) is authorized to grant rights for commercial reproduction of maps by Sanborn Library LLC,the copyright holder for the collection. Certified Sanbom Results: Site Name: Kona Proposed Skilled Nursing Facility Address: Lot 3 Waiaha 1st Puapuaanui 1st .� �-• City,State, Zip: Kailua Kana, HI 96740 4 � Cross Street: P.O.# 2013-001 Project: Kona Proposed Skilled Nursing San bom[bLibrary search results Certification# C27D-4BCF-9060 Certificalion*C27D-4 BCF-9060 The Sanborn Library includes more than 1.2 million UNMAPPED PROPERTY Sanborn fire insurance maps, which track historical 12,000 This report certifies that the complete holdings of the Sanborn Cities andtsage to ns.tCollections seal ched: American Library, LLC collection have been searched based on client supplied target property information, and fire insurance maps covering the target property were not found. Library of Congress ;tar University Publications of America V*""EDR Private Collection The Sanborn Library LLC Since 7866 rW Limited Permission To Make Copies HWA GeoSciences, Inc.(the client) is permitted to make up to THREE photocopies of this Sanborn Map transmittal and each fire insurance map accompanying this report solely for the limited use of its customer.No one other than the client is authorized to make copies. Upon request made directly to an EDR Account Executive, the client may be permitted to make a limited number of additional photocopies. This permission is conditioned upon compliance by the client,its customer and their agents with EDR's copyright policy;a copy of which is available upon request. 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All rights reserved Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources,Inc,or its affiliates,is prohibited without prior written permission EDR and its logos(including Sanborn and Sanborn Map)are trademarks of Environmental Data Resources,Inc or its affiliates.All other trademarks used herein are the property of their respective owners. 3486746-3 page 2 Kana Proposed Skilled Nursing Facility Lot 3 Waiaha 1st Puapuaanui 1 st Kailua Kana, HI 96740 Inquiry Number: 3486746.6 January 04, 2013 The EDR-City Directory Image Report 4,10 Wheelers Farms ROcrd Milford,cr 45•16l 800.352.0050 CEDR2Environmental Data Resources Inc www,edrnet.cortti TABLE OF CONTENTS SECT19bi Executive Summary Findings City Directory Images Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer-Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental data Resources,Inc.It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED,IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT,ENVIRONMENTAL DATA RESOURCES,INC.SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES,INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE,ALL RISK IS ASSUMED BY THE USER.IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES,INC,BE LIABLE To ANYONE,WHETHER ARISING OUT OF ERRORS OR OMISSIONS,NEGLIGENCE,ACCIDENT OR ANY OTHER CAUSE,FOR ANY LOSS OR DAMAGE,INCLUDING, WITHOUT LIMITATION,SPECIAL,INCIDENTAL,CONSEQUENTIAL,OR EXEMPLARY DAMAGES.ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES,INC.IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT.Purchaser accepts this Report"AS IS".Any analyses,estimates,ratings,environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only,and are not intended to provide,nor should they be interpreted as providing any facts regarding, or prediction orforecast of,any environmental risk for any property.Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property.Additionally,the information provided in this Report is not to be construed as legal advice. Copyright 2012 by Environmental Data Resources,Inc. All rights reserved. Reproduction in any media or format,in whole or in part,of any report or map of Environmental Data Resources,Inc.or its affiliates is prohibited without prior written permission. EDR and its logos(including Sanborn and Sanborn Map)are trademarks of Environmental Data Resources, Inc or its affiliates. All other trademarks used herein are the property of their respective owners. i EXECUTIVE SUMMARY DESCRIPTION Environmental Data Resources, Inc.'s (EDR)City Directory Report is a screening tool designed to assist environmental professionals in evaluating potential liability on a target property resulting from past activities. EDR's City Directory Report includes a search of available city directory data at 5 year intervals. RESEARCH SUMMARY The following research sources were consulted in the preparation of this report. A check mark indicates where information was identified in the source and provided in this report. Year Target Street Cross Street Source 2012 0 Polk's City Directory 2007 © Polk's City Directory 2002 © ❑ Polk's City Directory 1996 0 ❑ Polk's City Directory RECORD SOURCES EDR is licensed to reproduce certain City Directory works by the copyright holders of those works. The purchaser of this EDR City Directory Report may include it in report(s)delivered to a customer, Reproduction of City Directories without permission of the publisher or licensed vendor may be a violation of copyright. 1 3486746-6 Page 1 1p FINDINGS TARGET PROPERTY STREET Lot 3 Waiaha 1 st Puapuaanui 1 st Kailua Kona, HI 96740 Y= 0!macre Source Kuakini Hwy 2012 pg Al Polk's City Directory 2007 pg A2 Polk's City Directory 2002 pg A3 Polk's City Directory 1996 pg A4 Polk's City Directory 1996 pg A5 Polk's City Directory { 3486746-6 page 2 1 FINDINGS CROSS STREETS No Cross Streets Identified 3486746-6 Page 3 low Cle City :Directory Images Tar cyet C+rte..# Crot;6 Street Sst "wCe ve 1° - Polkswi" Directory Kuakini Hwy 2012 Polk City directories Now on the Internet 0 Www.Cityd i rectory.c om 191 KUAKKA HWY C-F'd KVAKW NWY Cmed XVAKWPJYWY CoM0 K E3 Carna9a EWwly 121 N41a Me".RA C40-twg Q3 ..KF; .. .__ F50 K.,•Wa7PH .'see 329171' CA DDWWV RobwS ......:.......... ........I........... JIM 326 e44E 121 TROPK:AL SMILES 073 a PAlacal AQA^. F5 Kae.IinpO Y ..we-3764444 DENTAL dord l4 ....we 3241715 04 SUng Gk•n'Y Fag,Kamalu Jew 123 FAMILY HEAFMG CTA E2 0 Ha.•Fe5'r.1 5h.a 5 G O Pray ms ca r,Amv lap4 ,me 32943tlG u 4,%,n Apr4n4t C,4 8 71 Gd 0 pe w&v,N4=, 123 Hun CyA9,19,"S W 4 AIBIA.L V Brady A4ayw '�+ 125 XEROX CORP CMTIW' IE23 Ar,d-w m E& i[ J2 Mnh1 CAFM'.A P. tl.Ap••�."i ng sup: f2 Leapm l Dare M 1_3 A9u4M N6e P' .- -. •••808331.1757 F27 cool 14r.A,e+P W MI HAWAII AFFORDAIILE 12C.HARE I.MAC.ISAAC LAC 02 Hypo AMi4 i(Y;: 7: PROPERTIES MA1491aAe ati.q,>maw9 ........6t.w K•t G2 HYYpF OMna4 R ....................496-329.705• 20CAPS HEAL t...i.ARE G40 K*Wwy JcJv,T u1 KAMAAWA HALE BETHESDA WC healP.:n•r. Ht Farrs9h scoff 1 7,.&J A 191401IMe4 COMPffim d bombe ............... 1i P897 HS NOM.,,Mu i2 N7Haa N;3"; 211 Gt,tq Deanrw J: 7:Jr:, .i. ....406329.1470 NI HaG C 211 MARY K WARREN INC H12 Newlon Legg I P30aln ,Ansa•L eJ,en.rwl 4av9ryn4 ....................4M•329•T470 ............ ......404 3N4:v. ....................1q8-]292500 Km Thomm Jwlalhan M r,1 11.4n•,sv C�;r:n K U, :3 AARP'ATA H:COUNTY H23 Thema,Kreaa .,r r Aon War.*[1v aaSx 41u% ........&k5 331:•1 T.2 H3QX,"mJayE &-q.I'M,U 225 KALMAN VICTORIA L w3 Kr u Jeremy P .. H•sp.e An4Ayaa+ 01--wys............"-Yu 9894 H4 O Caaraama Jm "G •...................90A 717 97115 •775 SLAwu4ta.MchaN i$ 1*40 K.-P-q Tan: .Ep CODE 1*140 CAR411TC911 •••••••••.......4063164064 14 papp6.my LVOV,'• 75.5811•,OAetplP.PamWk• 311 DMS PLASTERry(� 14 Pnppnla PAW 0 AJ•nn9 Ann PWIRln9 comm'014)Cs J20 NWA1MA H1 an .....BM-326 1119 Fong r:rl e moa�; ST" J22 L4n+1 Fvgwr n 917 WEST HA WAn �::•.�•.:SP;arpn J 111: PROPERTY SVC aAG tali 4Htltu J23 ivKwaau E4aee'�,' :.•.;'.:i Ik�a•5'r.'. A Hk uman Nanry'_6} do:•�P Jump m9ny ..............80&3:N 1171 .............•..,8C9.3�''982 E`E EXPRES$1OH 912 E FGVJiO TTI LAW KT0H::n•y...... t:F1(;afl.,RAP1TY W; OFFICE arlorrep _Wal.1251291 p1,MP¢aq A30 TYN4gawA Y.a M 315 Stria,E Uri T a I K3 N*a r.•a.• tl0898°.1 ra,14:•I ,awe K*Y Fa4;ny.�P1 S1epMnjr 323 HUMAN 5ERvx;E5 RCPT +29PCODE f8T4e CAggT C01i We gownream....100 327y%u b f.�rl•+eeYbrt Erk *15-"?AYE 51TI PAC'IFIG Hri.•s L>ayin[! 413 Ntaivw n?.,m B UNI•/E sI gIT r lra•n.'t;o+,0 ams/ xlrCrtEH iatP9pm H44n i P•e.,.F 1a @ e 4a49rwA .......4M3z9 3;: .......:.9�4 s9c rrw Huc.r.•Rekerl M°���• 413 US YETERAM AFFAtnS EATA*OWEF{A,1FNT H.I,=:ne Car*,,G I*PT leder, PAR THE RSaH9'^lw: q ae�1s•Allaeka 0lunpy AA499t:a EN ...806 7765 4 i VET CENTER 9aF9rnA.,aeA Ja.,wk lularla+LapeNe". aAn-a5•+A5 �3 0 Mans EW 421 TVI ILE FINANCIAL SVC KORA UNIVERSITY x"m3 04M YOW43d Paul h"Aa INC aAFraknn pmpwiir> •-•••••••,'•'••'••••BO&9308700 .406]29.4718 7'�0 •IA Omimi CARAT am ..... .994J245567 m PafQM1 M""p 425 ACCESS CAPABILITIES 74'+"'25 APEX MORTGAGE reel Itkiale Pa1x Leda A�J INC ak*%04w f-tmmWvW Cir. ba.s...........x....80&327.0404 FtMMtS Herter.!A:S. ..................W}.33:4•D979 DEAUDET-VY MELISSA DDS W SCr194nn Darin A27 GEW10 JR D04ANAWR(I denlnLs .... ..406328 7351 a 5rora1 Mary ML)pny-W.II ii 9oan5 CORTEZ LED A MD phys4.4ns 0 SIIA1a TaYblr ..............404 77'1:HEA+ 1 A„rgnc4,a..........dUB•326.1944 Uh1VE RSITY OF THl 432 CK"o Dalt C('11. OfRIEG MARTA L MD NATON59Chrrw4 ..BOA'320 Pllt 432114EED LAW ov,"e d' n5 6,WI I- �I Watltlna Je9'•' . ... ....•._.",3297W7 ' 8087715At A' DAGNOSTICLABORATORY 0 ad.W..Jmr OU Avur IC 5TAT ES IEGAL SVC kyr„-tell 0 W4m Moa GROUP a9a1V,Y4 ..404.329 2C'.f .,g 9.34^62548 +21P CODE/1141 CAART C9W :411 Scataru Gar44da Etj ... 75-5463 Keprerr Haig DA,- ` 443 AMERIG&N CANCER Elinor rW rIM INC dnr20 ...................404 3242340 SOCIETY 1rWcab A kwv� aerr. .••. ........'06324755 t 77 Kan kYoaes�Gl .•4W4329-SAK "9.................808.334.0441 GWUEH SANt4ELL CPA 77 tlXnlKaMa ...... x�m Yge,9 ...,.-444.3245446 512 E7(POSE'b9aW4"'oil HALE KONA WC.G.BD&329.71[bMAC REAL Rusaee P[il......404731.1374 ...808-xt$• ESTATE real e41a1a•..408.329-27X H�asaO A ....498 331-1374 AL 512 TERRACE HAIR SON HAMIM:AN REALTY HAWAK V11.L K N. ..40&329•St 9F MMdty"m. ......BDS•3c25.1310 rrd/stale 0arelOPa.S 101 Wadpati Jar1127 513 MINA PHARMACY ....8 U7 327,-, T P 1ITJ OMmrn Keo+.M qurrmaces..........408 379 low HILLMAN FVA PH.7 1AlJ 0 Cardnak JafnWle 515 MAUNA I(EA WOKAi ps'yHIP.- RIK..,...D K AAD 5622 1,3 Ku5un4kl Nat1Cy M� SYC orypni ,,,,,,,,80&32P Oitla NIRAHAICA DAVID K MO ...................804-329- 6t!'• 602 DOJID mIA1:'ril an! 1A,YWQ,15 A.%�Fgk K 334 A*A Wri Gwiie. 3.^z5485+'; .;0'9.32Pe7040 ..... . .......... ....804 329.54:•0 604 FULL CIRCLE KEAUHOLI PRDPE PITY 33E sffv m pa$*Ale V ACUPUNCTLFRE ncupurc uta MANAGE VENT CD Peal 9lpei 342 Maurer Rm"IA D9rdhy I I66k b,'■... ..........808.331.054h 605 9k)g D BLAIN RM14T KONA GHANA C ENTAL d9r4 ss • p CODE VP40CAK4rr&;' C pfY�tebpmC......808-329 06W. ....9083246161 75-69441 OEAARAL.CONSTRIJC11ON WSZALE16 EL A9CKLE KOPP CLIFFDRb DOSIJeAIpVa PACIFIC h.*W-g=*Wks. psvch ap.al6........CM6544824 808.33..8,9, ..............I"931 P710 801 BALANCED BODY LAIRD.L IRD B••••••• 2 ISLAND PTaNTPNC:8 ma54aielhnrapl5..806334442&&442 334 & ROBERT MD y4s75Cwn]d Pl•...m5 GRAPHYC5 Lirqu.rlay BC1 CHINC'i KEYLEY nvn5a0pe .............804 331(151• P-4 ..WA nA(187& .-MI TREATMENT. CI3•TL1EE'r ' LOKA111CTR 2 PAPER DESIGNS tleaXawJ ann405 MASSAGE SANCTUARY Ati:AAnHtm woLavlr4anl A4a ...809 331.2744 '-saw meraP�sle..909377 1881' ............ ...6)a 3". 3 PALIL Ei ECK L TO moVAKJS 442 HAWAII SUNSETS MARK I MA5UNAGA INC ..................408-324-1548 REALTY 04C vac~Aer4al5 C".1-Sts 75-55410 Around Ay54oa b-".W1e A ....,009.321-44J P MIPANDA PHILIP D DC pw.nw p T M ' 402 FArgpopinak.JDi4p4r M:. d'r WJIVWS tlC ...80&327 307E .... ...............408329.9579 WO PILATES 8 VOGA CTR OF Sr'Iofti5 JUL I¢*sal Pa Awg NaYl m KONA P L.p1.1h4Nlpp4 Pty9 lk ...906379-4819 .....................408-374 9573 ...................406324317 t SPRUCE SIERRA&mmi 7,599S A JAC:xIE AEW 5 011ANA •21P CGDE 11748L:AR•R70991 nY9KFLAV ....we'W9 8180 a2 GHal t'aa¢aurantr, ...808-377 SP7pn 75•@000(ia *WI51.194Aby D• TRAVEL STORE OF FLONA ;7 C MALAYA POND H4 ALTH K-I,Firma(1 N WeI At9nrlp4.5 8 a,.rm..s 7I CARE LLC h4aahh,win ........404326225! ..,,,,••,,,,,,,,,,,,,8063:,24+5 77 ................AD)8 379 1917 KONA$LA VILLAS u GABHIEL GDS ck t-str 77 P Beery fir-3 u w.,pcmnam: ......we 3.11•.^9L .. 80tl329484y 77 111 RE MAX DRCKI EH4S re0' LAH4L11 INC Laallteaa aKry WALxEA(MAGE J Dl7¢i 77 "wale ..............40&326 1550 ...................408.326:291 pl1r9r514 ..........,,BO&3?3 8180 1 T I TAX MAN La.H/NPr74 N41Nen Ru3Wb 3• Bf0 0 Rn/rp 7nYv prelwral. lwiq ....50fi-I y 21&3 RiM64i Ray[ 6101 L&WOVige Mark I(ij_ 77 11.3 KELLY P SHAW INC 14.&-1 SapN/ 92'17 Mtaarrm AWX Y 4 A- p,••am;x ............WB-327 0300 VV&1W That111 A 8,-w;p; M;••-.. 711 115 ALOHA HAWAIIAN .. ...404.329522[ C 1030 LANs Ma.arr.ez 7 77 CO NE-C710h SVC:Ilac.raw fere AII&A4erian,%w J C1L13U0.9HarplpR .................8087::'2SA' A,0F9 4Da ,C CliomDAMMan 115 PARAD45E SALON wauty Al2 6,neerp Damon,J�. C I04 Warp STlarlyl} swans ....•........906334.1939 W Chrit Mab G J .....I..............00B,329.27W T7 3486746.6 Page Al Target Sjreet Cross Street ' rre tom,. - F. y Directory Kuakini Hwy 2007 r Y7e � •sICMECWyER KMAaaO HWY Cawed KUAKW 0181 CON'd KUAKMYI FrWY Carer% Hannplar Jack E 113 KELLY P SHAW 64C 605 HeIvIdJ n Bruce A ] 0 Hv53 Darn aNMa ............6063270000 ......................e015]2151488 Karry HAGM GM 115 ALOHA HAWAIIAN M KOFIA rKEAAPY KC Dad N CONNECTION SVC aneroaa saw A� FATES PayOnlapnn Km Grave E ....................8063242401 ................,...11M3n 1488 0 Auk Kar141A 115 PARADISE.SALON buoy W601"aam CamRa La*d Ph4"JETS ales ..............80153bi Iwo ...................40632966b4 Mp inert Goorga A Jean A Ea 123 atEARING A1C CTR 1101 MASSAGE SANCTUARY OMbaka wow Iraarnp knost"a444w44WI muapeewapnla..8015327-Ia811 rNexa Lwe ..,....806.7248300 807 HIDUSTIC SKIN CARR BY MDCLe-.k Jarnaa S Lq 127 O FMn Crew DEBRA sh.IroaYrwrS4 IAvrNan Jafaca Lal 1SaMAC ISAAC KAREN 602 KONA REJUVENATION Mwp1y JJ�FTJ 4pippaCWrf ....806329174.7 CTRhou •No up,Ina 711 GEN KD JR DOWNADOR 9 402 vowmtar jI w 91wr vaww a 6 Paw HIn PM&zIenta sargiIam OW FREEMAN GUARDS INC ....................0063xF671e ....,...............BOe.3M aw Mn44y 9+"A P11,01 aary Da4a91r+b Barbera AUM al l MARY K WARREN INC ...................me.3294fi50 PREPARE THE WAY TRAVEL phyaacnaru a—pons =*Ctsk-dW Laura Inaml 4pN1Qa 8 6wnaa4 ....................BOB-3297540 .Zp CLOE Wo CeRgr Co .....................8063662148 @10 BIG L;LE FAMILY 76-SOM BRE ME SPORT FISHING RarKlarssx 5ar7a E a PRACTrCE C7R W"kAm 8 pulpa srr Wb-S36-3442 .......... 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N9"17 1x10[A1 wr 326x46 13 339 NDS 6-k.1 Jaya 32612752 $1.5 K&A A ASSOCIATES 1AAaIr EKAM 332 000..,R.I.d VF� ! 71 E17S A f NE S boo A 4r6••9"+v.4krw.dn CLEANERS erq.m1'6w15l4 179,2797 3361371 n9 r d2677S0 334 MIN—G W 36 Is"SOCIAL SERVICES A194 OLA HAWAII PEATY 3267570 DIVISION 3774747 .1.0 eMA 32/.7773 11 719 Hm-C.*' F,B Ca A 501 AR'71KJR PATRON B CZ COPY POST PLUS If 3)Y 41 6. 141&0 331"67 pAUlnprarNnp 3AN0*,d.r B.49 H WI R ANDREW BCISILT2 3311243 1. 343'A4 D.My ROBB r.ImIMI I.-k- 0154 SM"WEST" 761A67 Rw WI• VYC 3295F1S HAWAII.nm+.Mrah.ny., T� "I ROOOER3 7342311 P: r OFA'Gr'A ii 0611 W CHAOPRACDC CLaMC 0141 AICA REALTY 5 •WAL IFA AO 'SDS 01, 3715051 MANAGELIENT n4 14 TIP CODE 557"CAA-RT 0012 401 SCHRAT7 RC.59 R mr.00 M216/ 23361 KrMn.Ie+xT GI. 3299497 A04CRLW Awl yr 0191 KEKAKL ORKSINALS 751995 AWN0 ARi SVPPLY 4. 1L F RAA4IHG rrc.w4 U. 601 m r AP 3295515 461&P'rP'4"9'.vr19 774 3477 401 MC CAP,PATRICK W 3761 15A5 I A CC31UT TRAVTII. . "r ❑r[1A DIM A4 Et.11E TOURS k-, I, .qt.X 3297441 3291]6 -W331 " 17M4rr4 W.rar L W)FONA INF RAPY DIM REHABILITATION 17 RCfPHSDN 5 CM1TA A18N ASSOCIATES h"M pECREATIM"Strut tll 327.13" P.e s 3"14" rF019re 4.rt 329 5559 II SEROL ypr_n Ogkclom 9 "3 CHIJAME RLAIN ROBERT 0102 ROAN POSEAf REE) 325-TK.33 C.704x11 mxl3' r1HTrnM nrl��[x..P.s 11 111 SAA MAN M.MXIn .. 729!!500 779,5564 6l V""_ . 3762190 AM CATMO FPOPL -WNTIES d 0103 ALTER EGA BY GENO 113 LZREHCE TERRY L 1140,4.p 3253230 4 AM 6arr47 V'4P. IO wrrw 227-03M 404 CRAWFORD A. 3]A 1991 171 KONA 041ANA DENTAL UNAPANx DISABILITY D2W LIGHT FORCE. 4rrKN1kMANAG€MFNI pn ALSSACf CLINIC 141WA1RAMOIO ANN344AA4F147 9170 . lmII1 726167 ZBALANCED BODY 4 . 7497579 N 123 HEARINO Al',}CENTER .w.[rrMa'8011 0MxI"FOW LAY61 1] 055 77 MAPNRAOPEMRT HAWAII r6.e I. 3465700 Umm TE.O 1x.w Aper *0.%.03764464123 123 INTERISLAND REM 379 D5T1 SUNOOESI VACATIONS ESTATE nr�rlsalr+p Wt MASSAGE BAFICTVN TRAVEL Yr.sl'" 734 1976' pwrmyl rrn 727 7111 32944N IM NAC I."ahAC KAREN inrr 903 471E E1AAH GUARDS 71443 m FA3NY DENTAL 14 Law Aker 3N 4351 I AAt.ewr Iwr Sri A560 CENTER&NO.- 3790049 711 WARREN MART K A LK104HOUSE O+w-9 DANE"ARU CALVIN ON" 61 nI.•rvrl ePMcrlr W1K P-" "'7595 3290025 KI 3462500 C NArl7S f]OA141 NAL SAirr LAN 713 AL.IER LORA 6x1841 .wAli/1 RD E11E17� 1L ena4aw wK 3741112 7762'# RAUENA4TE3uI 5T AG 211 BIG MALL FAMILY P PAUOENtIAL WEST W TP EC" iC PRAc7'IC€CENTER HAWAII RFALTY 14.1 77 SAA?XONA PELMTRICS IC +4Frey.l m5pl[.Fr pK put rryy 324 3151 n 0 v Id4..rr prW 3"x172 4OEAKEALAA4 DII IFRAAECR 3264005 IC 22➢INTER+"ASSISTED 1WALW RO AX7EMECTf LOCA iF LII 14 IFR J 4Kx1116I It CARE 1.4 14 Ger *&AEN NAAM:WAAOU U" aw k-Pr.t 326606 11 326 xSIM +LAAO$T WMMEC'7S ZIP CODE MY40 CARAT OW II 223 WTEFYM HEALTHCARE 17 5557 Kyer6.To-m ZIP COPE 697"CAR-RT COW _ p _ 326267 744226 107 KLIRGITAWA OARYL H. 174646 Kim.140�W11 mr j 2�� 11 727&&msONE wkAEt r4.11r4M 6 126 19M 774 979 ROBERT L Spy 11 d- _ 3264994 A1AT MFAIREA DANIEL J 1 dF p..: 726456 11 275 3TRICKLER.AA7R5 5ArW6l 7769160 5r Rp 11.L 1'L". 3241161 r9mnY"I"P" A13Q FAR6IOER PALK. 774641 Aw Mn}5 324•FAII t2 $31471) ..errW•^rAHCne ON- Ano NaOan 7.• 3242417 17 3T2 E P OIANDII)LAW 37670,0 1F4M3 Ap.R-w S A RF1rt.m1& OFFICE b"M.r AIM NONA COAST PLASTIC 716557 Nae.VN4e4 0 12 111 1.-.. 324INH SURGERY ttirliv! rr 43111 F.•N9 A4n.:r 7777754.. MI 6N�9TIGA:ION OFFICE nla4rcw p•4L 3761 C 1111. 07.4747 A 102 PER AAHE.NT Fmi4p YfrXrN.M®•6 12 3t5 AH LOT RONAILL➢a9rcn.l COS;LKTICS per_' 3723264 nI Ik vrH 0r 33)+07T4 - 496 7967 7r45M S x p":fL w K 6e 3 12 9t3 RONALD AN LOY.'6r1r4I A106 REAUOEr UY MELISSA lA+u$ 77].00% 17 mIka,t.Pr5[. 391 r 1-0774 4 329 7761 F'451? C'W b.1 ar..17 J 6 AM 1Y 413 U6 YEAERANS AFFAIRS A105 1JY GAME1 0x841 m 372.1427 13 LE.PART71KNT 4,464 FT 45[[7 gy..1 T..1, 571 17 326-0774 all 6W616 I I 1A_1V G 3� F74W7 My V&PW 13 413 VA PRAAARY GARS 4411 YrvryR F1rr••M4 O M A CLINIC h mft%&"T 9101 MASUNAGA MARK 1 41.6617 MtF6M E4w6 R T 4 13 3260774 imm 7763333 bho x.9rw A600 WW Ka".W .91 J5 Pe4 Far 3486746.6 Page: A3 7arcet$trg-eA Crass S#rem# rvur� -...rely Directory Kuakini Hwy 1996 � K'UAKMgf HWY COX d (>IODY ATTYS At LAW COX VIC100 M aPly C1+IOY WANE D ally 12ti}7W14 .'X17 KONA AL..II CC3NCDOMINIUMS MTC( pro{. r•etce .1'21}5"5 75 5av IN TO001 TNEAAIsUI1C MASSAGE mFuseuz s-p+ryWAI ltwr"._.._.'329 51 I5 r5-5851 TIIOMPSON CHARL.A t Mn )TOGRAPIIY ^(0VAPhwa' commwmall 326-IOW YCAITH WITH A MISSION INTERNATIONAL ....................326.7228 YINIVERSITY OF THE NAT*NS _.. ...... .,_............ ..325-7228 75,51w R B COfESTRUCTION INC 1pd bWg ...... ..........w.. 75-5674 KOM MANSIONS V CONDOM 4 67TH OAN ST 4 WALUA.RD NW7El9SECT'9 75.59e7'S POTTERY TERRACE OvNw q err KONA COAST TRAVEL..-.----------3Z"441 . PRUDENTIAL WEST HAWAII REALTY THE Taal aatala 327-3151 HANDS DOWN NAIL SALON ..329-25513 +► PADA BLDG 7S-5m 111 TAXMAN TH'E. Ias prel'wston _..._._....._.. . ..... . ......X2169 CAPITAL WVESTMENT GROUP �} 328-2141 f 1>1d HIRATA4 RC>hIAL,D d.nlast 3126-4WI Its MAC ISAAC KAREN L ..324.4393 212 HEALING TOUGH MIASFAQE THE WA ..324.5442 ul 21.3 L.FE I C7r M ASE 8 g"madtr,** 320-OW 215GLAWIT1 F Fatty. 32&1201 223 INTERIM HEALTH CARL t—Ifll We 3M?722 125 XEROX CORP, ....._. 329-SM 226 HAWMI LEEWARD PL.AN141NG CONFERENCE 3711-I334 726 WEST HAWAII HOUSING FOUNDA'TKW321-S5" 311 M03ME ANDREW H0" _.......«..... ... 3219-58 18 HEARING AID CENTER how"aids _. . 324.83013 06Ln4TY'DEPARTMENT OF HUMAN SERVICES public wallas dry .. ,. . .324-1361 419 U 5 DEPARIMEN'T OF VETERAN AFFAIR'S 324 0774 U S DEPT Or VETERAN AFFAIRS vewan cntr Eld®TUTTLE FiNAMCLAL SERVICES WC 32 -WA7 211 LAIRD ELIZABETH B Ian*prac8ce 432 DARL C GLEED.._.,._ ...329-66D0 445 PRUDENI LAL THE 6u. 32&2033 LANIER ACCWNTWG TAX SERVICE aCc@2 tars Sam 334.1606 432 GLEED DARL C ally .. VS-WW ., 433 KAWAN ENTERPRISES INC copy MARX:TIOOBEaryr. .RT P l ... ..3:4.8587 SNYDER RACHEL E stty 329-8587 441 CARPENTER M04AFI S may DOHERTY DAN W phyarctan .327.2154 CRAWFORD DISABILITY MGMT SERV disab4rty Baso rr1 mI 329-91 x M J PROPERTIES raai asst 3294813 523 COUNTY OF 1EAWAA DEPARTMEN1 OF HUMAN SERVICES(a"socl wrvs) 329.4344 601 ANDER'%ON GAYL.E.STUDIO art r(44 9 324-3757 fsr77 FKNIVAIH JACINTA rTassa9a 321-5627' 602 Mt:CARY PATRICK W psycFwk)"I 32&7348 STEWARI ROW W payclralog'sl 320,6Ml 3486746.6 Page: A4 TarnetStrr- Cross Street Source ✓ Polk Directory Kuakini Hwy 1996 KAKINI HWY to KUB KUAKINI' HWY Con 603 KONA PSYCHOLOGICAL SERVQ r n.rY t v i.N Y V w.4 v• a+Y r.w M .w+ .•w I N M,N, ..M w .+ ... - 604 GORE DIET M ettyt, 32GI-8338 605 JOHN HANCOCK FINANCIALOW , SERV " mutual I e Iris , ._. V6-9411 605 MUTUAL F(,,J T-o Ew w . , 326-'911 606 CAPRI PR IES real estate , ww we.. w . .x ••. ... . .w , . 326-2239 FREEMAN GUARDS INC security sery . . . .. . ..... .... . . 329-46 329-4650 LPLL MEREDITH atty at law 326- 101 f PA A IS F TAXI . . . . . ......... . . ......... , 329-1234 : t -6280 K ( )0T C. . CIRCLE EDUCATIONAt CENTER community servs sc I' . . . ® . . . 29-7286 KONA OUTDOOR FULL CIRCLE THRIFT HO thrift shop .. • 329-72 76-6319 ORCHID ISLE ALTO CENTER automobile dealers-newt" Cars ..... 32!9-4851 -4851 -6353 KONA AUTO CENTER auto dir new & used ...,,, , . ,. . . .,*#+ ...... ... . ... . + 32 -4408 77-6425 SUNSET SHOPPING L REGAL 'TRAVEL L travel agencies burea us W N w t k F N N 8 N . .. ;. ... . p 326-271W 3486746.6 Page: A5 APPENDIX F EDR REPORT r w I jz 'j i I l� 7 Kona Proposed Skilled Nursing Facility Lot 3 Waiaha 1 st Puapuaanui 1st Kailua Kona, HI 96740 Inquiry Number: 3486746.2s January 03, 2013 LMr The EDR ! Tm Report with GeoCheck@ 4401 Wheelers.Farms Head Ullord,CT 06161 (rEDR"' Environmental Data Resources Inc Toll Free 80013520©507 vmw edrnet corn FORM•YAS-TXV TABLE OF CONTENTS SECTION PAGE Executive Summary--- ----------------- -- .. ----------------- -- -------------- ES1 Overview Map------ - - - -- -- ------------------- -- ----- -------- ---- - --- - 2 DetailMap-----... ---------------------- - _ .- - - ----------- .. --- - -------- 3 Map Findings Summary -_- __ .. . . - -- --------------- - - - - - --------------- -- -- 4 MapFindings— - - ------------ ------------- ---- ------------ - - - - ---- - - -- ---- 7 OrphanSummary-- ---- -- ------------------ ---- - - -- ----------------- - - - - - - - - Government Records Searched/Data Currency Tracking-_ . _ __ _______--------- GRA GEOCHECK ADDENDUM Physical Setting Source Addendum------------------_ - -_ Physical Setting Source Summary_ __-_--_---__ ___ _-.. . A-2 Physical SettingSSURGOSoilMap-------------------- - - ---- ----------------- A-5 Physical Setting Source Map------------------------------... - -. .- - ------------- A-8 Physical Setting Source Map Findings_------------------------ _-_ __ _ _ . _ __ _ A-10 Physical Setting Source Records Searched----------------- -- . .. .. . A-14 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments.. Disclaimer Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources,Inc. It cannot be concluded from this Report that coverage information for the tart�lJet and surroundin properties does not exist from other sources.NO WARRANTY EXPRESSED OR IMPLIED,IS MADE WHATSOEVER IN CONNECTI9N WITH THIS REP ST.ENVIRONMENTAL DATA RESOURCES,INC.SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES,INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.ALL RISK IS ASSUMED BY THE USER.IN No EVENT SHALL ENVIRONMENTAL DATA RESOURCES,INC.BE LIABLE TO ANYONE,WHETHER ARISING OUT OF ERRORS OR OMISSIONS,NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE,FOR ANY LOSS OF DAMAGE,INCLUDING,WITHOUT LIMITATION,SPECIAL,INCIDENTAL, CONSEQUENTIAL,OR EXEMPLARY DAMAGES.ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES,INC.IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT.Purchaser accepts this Report"AS IS".Any analyses,estimates,ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only,and are not intended to provide,nor should they be interpreted as providing any facts regarding,or prediction or forecast of,any environmental risk for any property.Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property Additionally,the information provided in this Report is not to be construed as legal advice. Copyright 2013 by Environmental Data Resources,Inc.All rights reserved.Reproduction in any media or format,in whole or in part,of any report or map of Environmental Data Resources,Inc.,or its affiliates,is prohibited without prior written permission. EDR and its logos(including Sanborn and Sanborn Map)are trademarks of Environmental data Resources,Inc.or its affiliates.All other �_. trademarks used herein are the property of their respective owners. TC3486746.2s Page 1 err EXECUTIVE SUMMARY f ' A search of available environmental records was conducted by Environmental Data Resources, Inc(EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-05) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION! ADDRESS LOT 3 WAIAHA 1 ST PUAPUAANUI 1ST KAILUA KONA, HI 96740 COORDINATES Latitude(North): 19.6257000- 19°37'32-52" Longitude(West): 155.9802000- 155"58'48-72" Universal Tranverse Mercator: Zone 5 UTM X(Meters): 187410.7 UTM Y(Meters): 21726615.0 Elevation: 156 ft.above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: 19155-F8 KAILUA, HI Most Recent Revision: Not reported South Map: 19155-E8 KEALAKEKI,IA, HI Most Recent Revision: Not reported 0 TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL------------------------- National Priority List Proposed NPL--------------- Proposed National Priority List Sites } TC3486746.2s EXECUTIVE SUMMARY EXECUTIVE SUMMARY 4 NPL LIENS___________________ Federal Superfund Liens Federal Delisted NPL site list Delisted NPL________________ National Priority List Deletions Federal CERCLIS list CERCLIS---------------------Comprehensive Environmental Response,Compensation, and Liability Information System FEDERAL FACILITY______.._ Federal Facility Site Information listing Federal CERCLIS NFRAP site List CERC-NFRAP_______________-CERCLIS No Further Remedial Action Planned Federal RCRA CORRACTS facilities list CORRACTS------------------Corrective Action Report Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF----------------- RCRA-Treatment,Storage and Disposal Federal RCRA generators list RCRA-LOG----_----------___ RCRA-Large Quantity Generators RCRA-SQG-----_------------ RCRA-Small Quantity Generators RCRA-CESQG--------------- RCRA-Conditionally Exempt Small Quantity Generator Federal institutional controls/engineering controls registries US ENG CONTROLS---------Engineering Controls Sites List US INST CONTROL---------Sites with Institutional Controls LUCIS____--------------------Land Use Control Information System Federal ERNS list ERNS................. Emergency Response Notification System State and tribal landfill andlor solid waste disposal site lists SWFILF.........__ Permitted Landfills in the State of Hawaii State and tribal leaking storage tank lists LUST_________________________Leaking Underground Storage Tank Database INDIAN LUST________________ Leaking Underground Storage Tanks on Indian Land State and tribal registered storage tank lists UST_............._-----------Underground Storage Tank Database INDIAN UST------------------Underground Storage Tanks on Indian Land FEMA UST___________________ Underground Storage Tank Listing State and tribal institutional control/engineering control registries ENG CONTROLS------------ Engineering Control Sites TC3486746-25 EXECUTIVE SUMMARY 2 ' EXECUTIVE SUMMARY State and tribal voluntary cleanup sites INDIAN VCP------------_-----Voluntary Cleanup Priority Listing VCP__________________________Voluntary Response Program Sites State and tribal Brownfields sites BROWNFIELDS--------------Brownfields Sites ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS---------- A Listing of Brownfields Sites Local Lists of Landfill/Solid Waste Disposal Sites ODI-------------------------- Open Dump Inventory DEBRIS REGION 9----------,Torres Martinez Reservation Illegal Dump Site Locations INDIAN ODI------------------ Report on the Status of Open Dumps on Indian Lands Local Lists of Hazardous waste/Contaminated Sites US CDL--------------------- Clandestine Drug Labs CDL.........................Clandestine Drug Lab Listing US HIST CDL............... National Clandestine Laboratory Register Local Land Records 1, LIENS 2.---------------------CERCLA Lien Information Records of Emergency Release Reports HMIRS_______________________ Hazardous Materials Information Reporting System SPILLS..........___------ Release Notifications Other Ascertainable Records RCRA-NonGen...------------RCRA-Non Generators DOT DPS-------------------- Incident and Accident Data DOD------------------------- Department of Defense Sites FUDS---------------_ Formerly Used Defense Sites CONSENT--.-............... Superfund(CERCLA)Consent Decrees ROD------------------------- Records Of Decision UMTRA--.............................. Uranium Mill Tailings Sites MINES_____-..--_--.--..__-_ Mines Master Index File TRIS------------------------- Toxic Chemical Release Inventory System TSCA------------------------ Toxic Substances Control Act FTTS-------------------------FIFRAITSCA Tracking System-FIFRA(Federal Insecticide, Fungicide,&Rodenticide Act)/TSCA(Toxic Substances Control Act) HIST FTTS------------------- FIFRAITSCA Tracking System Administrative Case Listing SSTS_---_--__ - Section 7 Tracking Systems ICIS---------------- Integrated Compliance Information System TC3486746.2s EXECUTWE SUMMARY 3 EXECUTIVE SUMMARY PADS________________________ PCB Activity Database System MLTS.....--_.__. .--_- Material Licensing Tracking System RADINFO------.-------- Radiation Information Database FINDS-----------------------. Facility Index System/Facility Registry System RAATS----------------------- RCRA Administrative Action Tracking System UIC__________________________ Underground Injection Wells Listing DRYCLEANERS------------- Permitted Drycleaner Facility Listing AIRS------------------------- List of Permitted Facilities INDIAN RESERV------------- Indian Reservations SCRD DRYCLEANERS------ State Coalition for Remediation of Drycleaners Listing 2020 COR ACTION-----.--- 2020 Corrective Action Program List PRP______________ Potentially Responsible Parties US AIRS--------------------- Aerometric Information Retrieval System Facility Subsystem Financial Assurance---------- Financial Assurance Information Listing COAL ASH EPA--------------Coal Combustion Residues Surface Impoundments List EPA WATCH LIST............ EPA WATCH LIST US FIN ASSUR-------------- Financial Assurance Information PCB TRANSFORMER_.-----.PCB Transformer Registration Database COAL ASH DOE--------------Steam-Electric Plant Operation Data EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP-------------------- EDR Proprietary Manufactured Gas Plants SURROUNDING SITES:SEARCH RESULTS Surrounding sites were identified in the following databases. Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. Sites with an elevation equal to or higher than the target property have been differentiated below from sites with an elevation lower than the target property. Page numbers and map identification numbers refer to the EDR Radius Map report where detailed data on individual sites can be reviewed. Sites listed in bald italics are in multiple databases. Unmappable (orphan)sites are not considered in the foregoing analysis. STANDARD ENVIRONMENTAL RECORDS State-and tribal-equivalent CERCLIS SHWS:The State Hazardous Waste Sites records are the states' equivalent to CERCLtS. These sites may or may not already be listed on the federal CERCLiS list. Priority sites planned for cleanup using state funds (state equivalent of Superfund) are identified along with sites where cleanup will be paid for by potentially responsible parties.The data come from the Department of Health. A review of the SHWS list,as provided by EOR, and dated 03/13/2012 has revealed that there is t SHWS site within approximately 1 mile of the target property. Lower Elevation Address Direction 1 Distance Map ID Page ALII VILLAS CONDOMINIUM 75-6016 ALIT DRIVE W 1/4-1/2(0.471 mi.) 1 7 TC34867462s EXECUTIVE SUMMARY 4 i EXECUTIVE SUMMARY State and tribal institutional control lengineering control registries Voluntary Remediation Program and 6rownfields sites with institutional controls in place. A review of the INST CONTROL list,as provided by EDF1,and dated 03/13/2012 has revealed that there is 1 INST CONTROL site within approximately 0.5 miles of the target property. Lower Elevation Address Direction 1 Distance Map ID Page ALIT VILLAS CONDOMINIUM 75-6016 ALIT DRIVE W 1/4-i/2(0.471 mi.) 1 7 i TC3486746.2s EXECUTIVE SUMMARY 5 � t EXECUTIVE SUMMARY Due to poor or inadequate address information,the following sites were not mapped.Count:24 records. Site Name Database(s) KONA VISTA UNIT 2-B UIC KONA VISTA,PH 1 UNIT 1•B UIC KONA COFFEE VILLAS CONDI] UIC KONA INDUST SYS UIC LONG KONA APARTMENTS UIC KONA LANAI APARTMENTS UIC KONA ROAD IMPROVEMENTS,PHASE II UIC KONA RIVIERA VILLA SEW UIC KONA BALI KAI CONDO SEW UIC KONA NALU CONDO SEW UIC KONA MAGIC ENDS CONDO SEW UIC KONA HEIGHTS SUBDIVISION(MAKAI)(D UIC LDS KONA WARDS 1&2 DW UIC KONA TRANS BASEYARD(DW) UIC KONA HAWAII TEMPLE UIC PEPSI BOTTLING GROUP,KONA WAREHOU UIC KONA BUSINESS PARK,PHASE II UIC KONA HILLC REST SID(DWS) UIC KONA TRANS BASEYARD UIC KEAUHOU CENTRAL OFFICE UST,FINANCIAL ASSURANCE QUEEN K TESORO UST,FINANCIAL ASSURANCE ALLIED AGGREGATES CORPORATION UST KEALAKEHE WASTEWATER TREATMENT PLA UST,FINANCIAL ASSURANCE KENT NAKAMARU UST,FINANCIAL ASSURANCE TC3496746.2s EXECUTIVE SUMMARY 6 . ERVIEW MAP - 3486748.28 f t f 1 1 � F S H� L� Target Property ° ire '� I Mks + Sites at elevations higher than or equal to the target property Indian Reservations BIA • Sites at elevations lower than f County Boundary the target property Oil&Gas pipelines from USGS L Manufactured Gas Plants National Priority List Sites L 100-year flood zone Dept.Defense 5rtes L soa-ye ar flood zone uNational Wetiand Inventory This report includes Interactive Map Layers to display andlor hide map Information.The legend includes only those icons for the default map view. SITE NAME: Kona Proposed Skilled Nursing Facility CLIENT: HWA GeoSciences,Inc. ADDRESS: Lot 3 Waiaha f st Puapuaanui 1st CONTACT: Vance Atldns Kailua Kona HI 96740 INQUIRY#: 3486746.2s LAT/LONG.' 19.62571155.9802 DATE: January 03,2013 2:19 pm Cppftfit4a 2013 ECR Inc.v ZOO TeleAlles Rel.OTr2009. DETAIL MAP -3486746.2S l �®nand 4n a 51 0 r 011 �r '� flpl 1 � 0, Ort4 � Sti � �.s //.. 1 0 1116 1A4 114 Was Target Property I a Sites at elevations higher than or equal to the target property Indian Reservations BIA • Sites at elevations lower than Oil&Gas pipelines from USGS the target property Q ISI 100-year flood zone ■ Manufactured Gas Plants x S [� 540-year(load zone Sensitive Receptors National Priority List Sites Dept.Defense Sites This report includes Interactive Map Layers to displaandlor hide map information.The legend includes only those Icons for the default map vlew. SITE NAME: Kona Proposed Skilled Nursing Facility CLIENT: HWA GeoSciences,Inc. ADDRESS: Lot 3 Waiaha 1st Puapuaanul 1st CONTACT: Vance Atkins Kallua Kona HI 96740 INQUIRY#: 34B6746.2s LAT/LONG: 19.62571155.9802 DATE: January 03,2013 2:19 pm Capyrlghl.Qa 2013 ECR,Inc t 2010 Tek Alks Rol oMOM. MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 118 118- 114 114- 112 112- 1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 NPL LIENS TP NR NR NR NR NR 0 Federal Delisted NPL site list Delisted NPL 1 000 0 0 0 0 NR 0 Federal CERCLIS list CERCLIS 0.500 0 0 0 NR NR 0 FEDERAL FACILITY 0.500 ❑ 0 0 NR NR 0 Federal CERCLIS NFRAP site List CERC-NFRAP 0.500 0 0 0 NR NR 0 Federal RCRA CORRACTS facilities list CORRACTS 1.000 0 0 0 0 NR 0 Federal RCRA non-CORRACTS TSD facilities list RCRA-TSOF 0.500 0 0 0 NR NR 0 Federal RCRA generators list RCRA-LOG 0.250 0 0 NR NR NR 0 RCRA-SQG 0.250 0 0 NR NR NR 0 RCRA-CESQG 0.250 0 0 NR NR NR 0 Federal institutional controls I engineering controls registries US ENG CONTROLS 0.500 0 0 0 NR NR 0 US INET CONTROL 0.500 0 0 0 NR NR 0 LUCIS 0.500 0 0 0 NR NR 0 Federal ERNS list ERNS TP NR NR NR NR NR 0 State-and tribal-equivalent CERCLIS SHWS 1.000 0 0 1 0 NR 1 State and tribal landfill andlor solid waste disposal site lists SWFILF 0.500 0 0 0 NR NR 0 State and tribal leaking storage tank lists LUST 0.500 0 0 0 NR NR 0 INDIAN LUST 0.500 0 0 0 NR NR 0 State and tribal registered storage tank lists UST 0.250 0 0 NR NR NR 0 TC3486746.2s Page 4 MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property <118 118- 1/4 1/4- 112 1/2- 1 >1 Plotted INDIAN UST 0.250 0 0 NR NR NR 0 FEMA UST 0.250 0 0 NR NR NR 0 State and tribal institutional control/engineering control registries ENG CONTROLS 0.500 0 0 0 NR NR 0 {NST CONTROL 0.500 0 0 1 NR NR 1 State and tribal voluntary cleanup sites INDIAN VCP 0.500 0 0 0 NR NR 0 VCP 0.500 0 0 0 NR NR 0 State and tribal Browntields sites BROWNFIELDS 0.500 0 0 0 NR NR 0 ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS 0.500 0 0 0 NR NR 0 Local Lists of Landfill/Solid Waste[Disposal Sites ODI 0.500 0 0 0 NR NR 0 DEBRIS REGION 9 0.500 0 0 0 NR NR ❑ INDIAN ODI 0.500 0 0 0 NR NR 0 Local Lists of Hazardous waste/ Contaminated Sites US CDL TP NR NR NR NR NR 0 CDL TP NR NR NR NR NR 0 US HIST CDL TP NR NR NR NR NR 0 Local Land Records LIENS 2 TP NR NR NR NR NR 0 Records of Emergency Release Reports HMIRS TP NR NR NR NR NR 0 SPILLS TP NR NR NR NR NR ❑ Other Ascertainable Records RCRA-NonGen 0.250 0 0 NR NR NR 0 DOT OPS TP NR NR NR NR NR 0 DOD 1.000 0 0 0 0 NR 0 FUDS 1.000 0 0 0 0 NR 0 CONSENT 1.000 0 0 0 0 NR ROD 1.000 0 0 0 0 NR 0 UMTRA 0.500 0 0 0 NR NR 0 MINES 0.250 0 0 NR NR NR 0 TRIS TP NR NR NR NR NR 0 TSCA TP NR NR NR NR NR 0 TC3486746.2s Page 5 MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property <118 1/8-1/4 114- 112 112- 1 >1 Plotted FITS TP NR NR NR NR NR 0 HIST FTTS TP NR NR NR NR NR 0 SSTS TP NR NR NR NR NR 0 ICIS TP NR NR NR NR NR 0 PADS TP NR NR NR NR NR 0 MILTS TP NR NR NR NR NR 0 RADINFO TP NR NR NR NR NR 0 FINDS TP NR NR NR NR NR 0 RAATS TP NR NR NR NR NR 0 UIC TP NR NR NR NR NR 0 DRYCLEANERS 0.250 0 0 NR NR NR 0 AIRS TP NR NR NR NR NR 0 INDIAN RESERV 1.000 0 0 0 0 NR 0 SCRD DRYCLEANERS 0,500 0 0 0 NR NR 0 2020 CDR ACTION 0.250 0 0 NR NR NR 0 PRP TP NR NR NR NR NR 0 US AIRS TP NR NR NR NR NR 0 Financial Assurance TP NR NR NR NR NR 0 COAL ASH EPA 0.500 0 0 0 NR NR 0 EPA WATCH LIST TP NR NR NR NR NR 0 US FIN ASSUR TP NR NR NR NR NR 0 PCB TRANSFORMER TP NR NR NR NR NR 0 COAL ASH DOE TP NR NR NR NR NR 0 EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP 1.000 0 0 0 0 NR 0 NOTES: TP-Target Property NR =Not Requested at this Search Distance Sites may be listed in more than one database TC3486746.2s Page 6 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number 1 ALII VILLAS CONDOMINIUM SHWS S106817578 West 75-6016 ALIT DRIVE UIC NIA 1/4.112 KAILUA-KONG,HI 56740 SPILLS 0.471 mi. INET CONTROL 2487 ft. Relative: SHWS: Lower Organization: Hawaii Electric Light Go,Inc.(HELCO) Supplemental Location Text. AN Villas Condominium Actual: Island: Hawaii 9 ft. Environmental Interest: HELCO Transformer 9269 HID Number: Not reported Facility Registry Identifier: Not reported Lead Agency: HEER Program: State Project Manager: Anna Fernandez Hazard Priority: NFA Potential Hazards And Controls: Hazard Managed With Controls Organization: Hawaii Electric Light Co., Inc.(HELCO) Island: Hawaii Location Address Line 2: Not reported Location Zip Suffix: Not reported Supplemental Location Text: Alli Villas Condominium SDAR Environmental Interest Name: HELCO Transformer 9269 HID Number: Not reported - Facility Registry Identifier: Not reported Lead Agency: HEER Progran Name: State Potential Hazard And Controls: Hazard Managed With Controls Priority: NFA Assessment: Response Necessary Response: Response Complete Nature of Contamination: Found:Transformer oil in soil Nature of Residual Contamination: pcbs in soil Use Restrictions: Controls Required to Manage Contamination Engineering Control: Not reported Description of Restrictions: Industrial screening criteria were used for site remediation. Institutional Control' Government-Hawaii Dept.of Health Letter Issued Within Designated Areawide Contamination: Not reported Site Closure Type: NFA Letter-Restricted Use Document Date: 08/01/2006 Document Number: 2006-472-AF Document Subject: NFA Determination for Release#20040503-1615 Project Manager: Anna Fernandez Contact Information: (808)586.4249 919 Ala Moana Blvd,Honolulu,HI 96814 UIC: UIC Permit Number: UH-1289 Facility id/Lat Long Minute Coordinates:8-3759.03.1 Central Latitude Of The Site; 19 37 26 Central Longitude Of The Site• 15559 16 Flow In Gallons Per Day: Not reported i Total Number Of Inj.Well(S)On Permit:1 Island: Hawaii Location In Relation To UIC Line: below Facility Type: SEW Subclass: AB Facility Operator,Not Contract Opr: Alii Villas Condominium AOAO Operator Address: 75-6016 AN Drive,Kailua-Kona HI 96740 TC3486746.2s Page 7 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number ALIS VILLAS CONDOMINIUM (Continued) S106817578 Facility Owner: Alii Villas Condominium AOAO Owner Address: 75-6016 AN Drive,Kailua-Kona,HI 96740 Tax Map Key Number: 3:7-5-21.007,008&009 Owner Of Land Property On Leasehold:none Consultant Serving The Application: J.F. Lacey Excavating Co. Receipt Of Initial Application: 11/1511985 Public Notice Date: Not reported Approval-To-Construct Issuance Date: 1/6/1986 Exemption Issuance Date. Not reported 1 st Issuance Of Permit: 1/6/1986 Last Issuance Of Permit. 7/17/1996 Type: Not reported Permit Expiration Date: 7/1611999 Date When File Is Closed: 9/14/1999 UIC Project Geologist: JR Remarks: Not reported HI SPILLS: Island: Hawaii Supplemental Loc.Text; Alii Villas Condominium Case Number: 20090122-0941 HID Number: Not reported Facility Registry Id: Not reported Lead and Program: HEER EP&R ER: None Units- HELCO Submersible transformer 3139,Vault 1 / ti Substances, Oil J] Less Or Greater Than: r Numerical Quantity, 25 Units. Gallons Activity Type: Response Activity Lead: Liz Galvez Assignment End Date, 2009-01-22 00:00:00 Result: SOSC NFA File Under: Hawaii Electric Light Co.,Inc.(HELCO) Island: Hawaii Supplemental Loc.Text: AN Villas Condominium Case Number: 20040503-1615 HID Number: Not reported Facility Registry Id: Not reported Lead and Program: HEER EP&R ER: Not reported Units: HELCO Transformer 9269 Substances Shell.Diala Oil Less Or Greater Than- Not reported Numerical Quantity• 48 Units: Gallons Activity Type: Response Activity Lead: Liz Galvez Assignment End Date: 2004-10-12 00:00;00 Result: Refer to ISST File Under: Hawaii Electric Light Co.,Inc.(HELCO) INST CONTROL: Potential hazards and controls: Hazard Managed With Controls 1 TC3486746.2s Page 8 Ii Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number ALII VILLAS CONDOMINIUM (Continued) S106817578 Supplemental Location: AN Villas Condominium Zip Suffix: Not reported r Island: Hawaii Institutional Control: Government-Hawaii Dept.of Health better Issued Ir i ti of i r ;t TC3486746.2s Page 8 '!a w W W W z z z z ¢ cc Ir 01 a n 7 D rr J J J J Q Q Q Q U U U U Z Z LL LL LL LL iy U U U U U U U U U U U U U U U U U U U N y y y y ❑ 7 7 » 5 7 7 7 7 5 7 7 7 ❑ 7 ❑ 7 7 C)Im 00mm0mimrn `�' rn o_ v m N N [O cA T � C Z Q D M F TQ ¢ ¢LLI LU LU LLJ r H 2 T T 7 7 7 Q N N LU C3 Z = Y Y N aaaoaQ 3Q Z (Hmyry JHN bJNNnD JN�nD JtaAD QQnwn1 ~ViR7 rY �(] 2U Q — < iF ¢ zw LuL7I aH ¢ � $e � aon a 0a W m 'ma 10DN UT a W ❑ *-, D 1+ n OU z NQ 0 uILn wU va 0 0 v I r x m 0 r r O CL d _ r N ¢ 0 2 Lo a 2 ¢ < a ¢w W uwi o _ui m Q d CC z Ia. t LuZ m Q N Z x Y CAN d U T IXvWi wO o, - a � a j 2 � � LL OF ❑ QOJyT ❑ Nana � mC� t ¢ ¢ ¢ � C7 z Z U_ 7 7 0 Z �' a 0. m m V O T LL N a 9 T U ❑ Q 2 co co LLJ J ¢ Q Q 2 2 U L7 W W r Z r m Q ¢ ¢ ao Z w - Q ¢ 7ONUzp¢[ ¢ p ¢ GwY z m a[ U 7 {} T T [C 2 m m 7 Y F- r = 2 ❑ Y 2 z ¢ ¢ ¢ ¢ ¢ ¢ d Y a d ¢ a Q U7 ¢ O ¢ Q Q 7 F- W ¢Js W �. z z z Z Z z 2 vj 2 Z 2 Z z a z Z Z z Z J] e��[{11 W VI Y Y UY Q Q Q dJ Y Y y Y Y CL 1+UC UJ Y ]OC Y Y Y ¢ Y U kn to 2n a 0 in m 11 m 'n o o m o eNi c� n of m N O7 C7 [n InEY _ C4 C'i In T 0 0 0 m W Q�1 � m rn 0 m 0 O1 Ch � N N u7 47 Q o Y z a 2 m ¢ Y z cr Y 0 Q O Z z ¢ z Z z O i T Y Z z 1: 2 z z z z z z Z V Y Y Y UJ n z 2 2 Y UY Q Y UY Y Y a p X N ¢ ¢ ¢ ¢ a ¢ a a ¢ ¢ a z a x a ¢ H a a T a ¢ a f 7 7 7 n 7 7 7 7 7 Q F 7 7 Z Z 7 7 7 7 D �- aJ_ U U QJQ H ¢¢J QJ QJQ U U SL Y Y Y 2Y z Z Y Y Y 5C XU Y Z Y Y Y ]2 Y Y Y Y ]C I GOVERNMENT RECORDS SEARCHED 1 DATA CURRENCY TRACKING To maintain currency of the following federal and state databases,EDR contacts the appropriate governmental agency on a monthly or quarterly basis,as required. Number of Days to Update:Provides confirmation that EDR is reporting records that have been updated within 90 days from the date the government agency made the information available to the public. STANDARD ENVIRONMENTAL RECORDS Federal NPL site fist NPL: National Priority List National Priorities List(Superfund).The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program.NPL sites may encompass relatively large areas.As such,EDR provides polygon coverage for over 1,000 NPL site boundaries produced by EPA's Environmental Photographic Interpretation Center (EPIC)and regional EPA offices. Date of Government Version:10/0112012 Source: EPA Date Data Arrived at EDR:10/1112012 Telephone: NIA Date Made Active in Reports:12120/2012 Last EDR Contact:10/11/2012 Number of Days to Update:70 Next Scheduled EDR Contact:01/21/2013 Data Release Frequency:Quarterly NPL Site Boundaries Sources: EPA's Environmental Photographic Interpretation Center(EPIC) Telephone:202-564-7333 EPA Region 1 EPA Region 6 Telephone 617-918-1143 Telephone:214-655-6659 EPA Region 3 EPA Region 7 Telephone 215-814-5418 Telephone:913.551.7247 EPA Region 4 EPA Region 8 Telephone 404-562-8033 Telephoner 303-312-6774 EPA Region 5 EPA Region 9 Telephone 312.886-6686 Telephone.415.947-4246 EPA Region 10 Telephone 206-553-8665 Proposed NPL- Proposed National Priority List Sites A site that has been proposed for listing on the National Priorities List through the issuance of a proposed rule in the Federal Register.EPA then accepts public comments on the site,responds to the comments,and places on the NPL those sites that continue to meet the requirements for listing. Date of Government Version:10/0112012 Source: EPA Date Data Arrived at EDR:10111/2012 Telephone: NIA Date Made Active in Reports:12/20/2012 Last EDR Contact,10/11/2012 Number of Days to Update:70 Next Scheduled EDR Contact:01/21/2013 Data Release Frequency-Quarterly NPL LIENS: Federal Superfund Liens Federal Superfund Liens.Under the authority granted the USEPA by CERCLA of 1980,the USEPA has the authority to file Ivens against real property in order to recover remedial action expenditures or when the property owner received notification of potential liability.USEPA compiles a listing of filed notices of Superfund Liens. Date of Government Version:10/15/1991 Source: EPA Date Data Arrived at EDR.02/02/1994 Telephone: 202-564-4267 Date Made Active in Reports.03/30/1994 Last EDR Contact:08/15/2011 Number of Days to Update:56 Next Scheduled EDR Contact:11/2812011 Data Release Frequency:No Update Planned 1 TC3486746.2s Page GR-1 GOVERNMENT RECORDS SEARCHED 1 DATA CURRENCY TRACKING Federal Delisted NPL site list DELISTED NPL: National Priority List Deletions The National Oil and Hazardous Substances Pollution Contingency Plan(NCP)establishes the criteria that the EPA uses to delete sites from the NPL.In accordance with 40 CFR 300.425.(e),sites may be deleted from the NPL where no further response is appropriate. Date of Government Version:10/01/2012 Source: EPA Date Data Arrived at EDR:10/11/2012 Telephone: NIA Date Made Active in Reports:12/20/2012 Last EDR Contact:10/11/2012 Number of Days to Update:70 Next Scheduled EDR Contact:01/21/2013 Data Release Frequency:Quarterly Federal CERCLIS list CERCLIS: Comprehensive Environmental Response,Compensation,and Liabitity Information System CERCLIS contains data on potentially hazardous waste sites that have been reported to the USEPA by states,municipalities, private companies and private persons,pursuant to Section 103 of the Comprehensive Environmental Response,Compensation, and Liability Act(CERCLA).CERCLIS contains sites which are either proposed to or on the National Priorities List(NPL)and sites which are in the screening and assessment phase for possible inclusion on the NPL. Date of Government Version:12/27/2011 Source: EPA Date Data Arrived at EDR:02127/2012 Telephone: 7D3-412-9810 Date Made Active in Reports:D3/12/2012 Last EDR Contact:11128/2012 Number of Days to Update:14 Next Scheduled EDR Contact:03111/2013 Data Release Frequency-Quarterly FEDERAL FACILITY: Federal Facility Site Information listing A listing of National Priority List{NPL}and Base Realignment and Closure(BRAC)sites found in the Comprehensive Environmental Response,Compensation and Liability Information System(CERCLIS)Database where EPA Federal Facilities Restoration and Reuse Office is involved in cleanup activities. Date of Government Version:07/31/2012 Source; Environmental Protection Agency /rte Date Data Arrived at EDR:10/09/2012 Telephone: 703-603-8704 Date Made Active in Reports:12/20/2012 Last EDR Contact,10119/2012 Number of Days to Update:72 Next Scheduled EDR Contact,01/21/2013 Data Release Frequency:Varies Federal CERCLIS NFRAP site List CERCLIS-NFRAP: CERCLIS No Further Remedial Action Planned Archived sites are sites that have been removed and archived from the inventory of CERCLIS sites Archived status indicates that,to the best of EPA's knowledge,assessment at a site has been completed and that EPA has determined no further steps will be taken to list this site on the National Priorities List(NPL),unless information indicates this decision was not appropriate or other considerations require a recommendation for listing at a later time. This decision does not necessarily mean that there is no hazard associated with a given site;it only means that, based upon available information,the location is not judged to be a potential NPL site. Date of Government Version:12/2812011 Source: EPA Date Data Arrived at EDR:02/27/2012 Telephone: 703.412-9810 Date Made Active in Reports:03/12/2012 Last EDR Contact;11/26/2012 Number of Days to Update.14 Next Scheduled EDR Contact:03/11/2013 Data Release Frequency:Quarterly Federal RCRA CORRACTS facilities list CORRACTS: Corrective Action Report CORRACTS identifies hazardous waste handlers with RCRA corrective action activity, TC3486746.2s Page GR-2 F GOVERNMENT RECORDS SEARCHED 1 DATA CURRENCY TRACKING Date of Government Version:0 811 912 0 1 1 Source: EPA Date Data Arrived at EDR:08/31/2011 Telephone: 800.424-9346 Date Made Active in Reports:01/10/2012 Last EDR Contact:11/12/2012 Number of Days to Update:132 Next Scheduled EDR Contact:02J25/2013 Data Release Frequency:Quarterly Federal RCRA non-CORRAGTS TSD facilities list RCRA-TSDF: RCRA-Treatment,Storage and Disposal RCRAInfo is EPA's comprehensive information system,providing access to data supporting the Resource Conservation and Recovery Act(RCRA)of 1976 and the Hazardous and Solid Waste Amendments(HSWA)of 1984.The database includes selective information an sites which generate,transport,store,treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act(RCRA).Transporters are individuals or entities that move hazardous waste from the generator offsite to a facility that can recycle,treat,store,or dispose of the waste.TSDFs treat,store,or dispose of the waste. Date of Government Version:09/11/2012 Source: Environmental Protection Agency Date Data Arrived at EDR:10/04/2012 Telephone: (415)495-8895 Date Made Active in Reports:12/04/2012 Last EDR Contact:01103/2013 Number of Days to Update:61 Next Scheduled EDR Contact:04/1512013 Data Release Frequency:Quarterly Federal RCRA generators list RCRA•LQG: RCRA-Large Quantity Generators RCRAInfo is EPA's comprehensive information system,providing access to data supporting the Resource Conservation and Recovery Act(RCRA)of 1976 and the Hazardous and Solid Waste Amendments(HSWA)of 1984.The database includes selective information on sites which generate,transport,store,treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act(RCRA).Large quantity generators(LQGs)generate over 1,000 kilograms(kg)of hazardous waste,or over 1 kg of acutely hazardous waste per month. Date of Government Version.09/11/2012 Source: Environmental Protection Agency Date Data Arrived at EDR:10/04/2012 Telephone: (415)495-8895 Date Made Active in Reports:12/04/2012 Last EDR Contact:01/03/2013 Number of Days to Update:61 Next Scheduled EDR Contact:04/15/2013 Data Release Frequency:Quarterly RCRA-SQG: RCRA-Small Quantity Generators RCRAInfo is EPA's comprehensive information system,providing access to data supporting the Resource Conservation and Recovery Act(RCRA)of 1976 and the Hazardous and Solid Waste Amendments(HSWA)of 1884.The database includes selective information on sites which generate,transport,store,treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act(RCRA).Small quantity generators(SQGs)generate between 100 kg and 1,000 kg of hazardous waste per month Date of Government Version.09/11/2012 Source: Environmental Protection Agency Date Data Arrived at EDR:10/04/2012 Telephone: (415)495-8895 Date Made Active in Reports:12/04/2012 Last EDR Contact:01/03/2013 Number of Days to Update:61 Next.Scheduled EDR Contact:04/15=13 Data Release Frequency.Quarterly RCRA-CESQG: RCRA-Conditionally Exempt Small Quantity Generators RCRAInfo is EPA's comprehensive information system,providing access to data supporting the Resource Conservation and Recovery Act(RCRA)of 1976 and the Hazardous and Solid Waste Amendments(HSWA)of 1984.The database includes selective information on sites which generate,transport,store,treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act(RCRA).Conditionally exempt small quantity generators (CESQGs)generate less than 100 kg of hazardous waste,or less than 1 kg of acutely hazardous waste per month. Date of Government Version:09/11/2012 Source: Environmental Protection Agency Date Data Arrived at EDR:10/0412012 Telephone: (415)495-8895 Date Made Active in Reports.12/04/2012 Last EDR Contact:01/03/2013 Number of Days to Update:61 Next Scheduled EDR Contact:04115/2013 Data Release Frequency:Varies TC3486746.2s Page GR-3 I GOVERNMENT RECORDS SEARCHED 1 DATA CURRENCY TRACKING I Federal institutional controls/engineering centrals registries US ENG CONTROLS: Engineering Controls Sites List A listing of sites with engineering controls in place.Engineering controls include various farms of caps,building foundations,liners,and treatment methods to create pathway elimination for regulated substances to enter environmental media or effect human health. Date of Government Version:07/18/2012 Source. Environmental Protection Agency Date Data Arrived at EDR:07/24/2012 Telephone: 703.603.0695 Date Made Active in Reports:11/05/2012 Last EDR Contact:12/10/2012 Number of Days to Update:104 Next Scheduled EDR Contact:03/25/2013 Data Release Frequency:Varies US INST CONTROL: Sites with Institutional Controls A listing of sites with institutional controls in place.Institutional controls include administrative measures, such as groundwater use restrictions,construction restrictions,property use restrictions,and post remediation care requirements intended to prevent exposure to contaminants remaining on site.Deed restrictions are generally required as part of the institutional controls. Date of Government Version:07/18/2012 Source: Environmental Protection Agency Date Data Arrived at EDR:07/24/2012 Telephone: 703-603-0695 Date Made Active in Reports:11/05/2012 Last EDR Contact:12/10/2012 Number of Days to Update: 104 Next Scheduled EDR Contact:03/25/2013 Data Release Frequency.Varies LUCIS: Land Use Control Information System LUCIS contains records of land use control information pertaining to the former Navy Base Realignment and Closure properties. Date of Government Version:12/09/2005 Source: Department of the Navy Date Data Arrived at EDR:12/11/2006 Telephone: 843-820-7326 Date Made Active in Reports:01/1112007 Last EDR Contact:11/15/2012 Number of Days to Update:31 Next Scheduled EDR Contact.03/04/2013 Data Release Frequency:Varies Federal ERNS list ERNS: Emergency Response Notification System Emergency Response Notificat[on System.ERNS records and stores information on reported releases of oil and hazardous substances. Date of Government Version:04/02/2012 Source: National Response Center,United States Coast Guard Date Data Arrived at EDR:04/03/2012 Telephone: 202-267-2180 Date Made Active in Reports:06/14/2012 Last EDR Contact:1010212012 Number of Days to Update:72 Next Scheduled EDR Contact.01/14/2013 Data Release Frequency:Annually State-and tribal-equivalent CERCLIS SHWS: Sites List Facilities,sites or areas in which the Office of Hazard Evaluation and Emergency Response has an interest,has investigated or may investigate under HRS 128D(includes CERCLIS sites). Date of Government Version:03/1"012 Source: Department of Health Date Data Arrived at EDR:04/05/2012 Telephone: 808.586-4249 Date Made Active in Reports:04/3012012 Last EDR Contact:08/31/2012 Number of Days to Update:25 Next Scheduled EDR Contact:12/10/2012 Data Release Frequency:Semi-Annually State and tribal landfill and/or solid waste disposal site lists i I ,r TC3486746.2s Page GR-4 ON - -� GOVERNMENT RECORDS SEARCHED 1 DATA CURRENCY TRACKING SWFILF: Permitted Landfills in the State of Hawaii Solid Waste Facilitiesilandtill Sites.SWF/LF type records typically contain an inventory of solid waste disposal facilities or landfills in a particular state.Depending on the state,these may be active or inactive facilities or open dumps that failed to meet RCRA Subtitle D Section 4004 criteria for solid waste landfills or disposal sites. Date of Government Version:04/01/2012 Source: Department of Health Date Data Arrived at EDR-04/0312012 Telephone: 808-586-4245 Date Made Active in Reports:05/01/2012 Last EDR Contact:12/28/2012 Number of Days to Update:28 Next Scheduled EDR Contact:04/15/2013 Data Release Frequency:Varies State and tribal leaking storage tank lists LUST: Leaking Underground Storage Tank Database Leaking Underground Storage Tank Incident Reports.LUST records contain an inventory of reported leaking underground storage tank incidents.Not all states maintain these records,and the information stored varies by state. Date of Government Version:08/31/2012 Source: Department of Health Date Data Arrived at EDR:09/04/2012 Telephone: 808-586-4228 Date Made Active in Reports:10/08/2012 Last EDR Contact:12/12/2012 Number of Days to Update:34 Next Scheduled EDR Contact:03/18/2013 Data Release Frequency:Semi-Annually INDIAN LUST R1: Leaking Underground Storage Tanks on Indian Land A listing of leaking underground storage tank locations on Indian Land. Date of Government Version'.04/12/2012 Source: EPA Region 1 Date Data Arrived at EDR:05109/2012 Telephone: 617-918-1313 Date Made Active in Reports:07/10/2012 Last EDR Contact:11/01/2012 Number of Days to Update:62 Next Scheduled EDR Contact:02/11/2013 Data Release Frequency:Varies INDIAN LUST R4: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Florida,Mississippi and North Carolina. Date of Government Version:12/14/2011 Source. EPA Region 4 Date Data Arrived at EDR:12/15/2011 Telephone: 404-562-8677 Date Made Active in Reports:01/10/2012 Last EDR Contact:07/26/2012 Number of Days to Update:26 Next Scheduled EDR Contact:02111.12013 Data Release Frequency:Semi-Annually INDIAN LUST R6: Leaking Underground Storage Tanks on Indian Land LUSTS on Indian land in New Mexico and Oklahoma. Date of Government.Version.09/12/2011 Source: EPA Region 6 Date Data Arrived at EDR:09/1312011 Telephone: 214-665-6597 Date Made Active in Reports:11/11/2011 Last EDR Contact:07/26/2012 Number of Days to Update:59 Next Scheduled EDR Contact:02/11/2013 Data Release Frequency:Varies INDIAN LUST R7: Leaking Underground Storage Tanks on Indian Land LUSTS on Indian land in Iowa,Kansas,and Nebraska Date of Government Version:08117/20`12 Source: EPA Region 7 Date Data Arrived at EDR:08/28/2012 Telephone: 913-551-7003 Date Made Active in Reports:10/16/2012 Last EDR Contact:0712612012 Number of Days to Update:49 Next Scheduled EDR Contact,02/11/2013 Data Release Frequency:Varies TC3486746.2s Page GR-5 GOVERNMENT RECORDS SEARCHED f DATA CURRENCY TRACKING INDIAN LUST R8: Leaking Underground Storage Tanks on Indian Land , LUSTs on Indian land in Colorado,Montana,North Dakota,South Dakota,Utah and Wyoming. Date of Government Version:08/27=12 Source: EPA Region 8 Dale Data Arrived at EDR:08/28/2012 Telephone: 303-312-6271 Date Made Active in Reports:10/1 6/201 2 Last EDR Contact:07/26/2012 Number of Days to Update:49 Next Scheduled EDR Contact:02/11/2013 Data Release Frequency:Quarterly INDIAN LUST R9: Leaking Underground Storage Tanks on Indian Land LUSTS on Indian land in Arizona,California,New Mexico and Nevada Date of Government Version:09/0612012 Source: Environmental Protection Agency Date Data Arrived at EDR:09/07/2012 Telephone: 415-972-3372 Date Made Active in Reports:10116/2012 Last EDR Contact:07/2612012 Number of Days to Update:39 Next Scheduled EDR Contact:02/11/2013 Data Release Frequency:Quarterly INDIAN LUST R10: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Alaska,Idaho,Oregon and Washington. Date of Government Version:08/01/2012 Source: EPA Region 10 Date Data Arrived at EDR-08/02/2012 Telephone: 206-553-2857 Date Made Active in Reports:10/16/2012 Last EDR Contact:10130/2012 Number of Days to Update:75 Next Scheduled EDR Contact:02/11/2013 Data Release Frequency:Quarterly State and tribal registered storage tank fists UST: Underground Storage Tank Database Registered Underground Storage Tanks.UST's are regulated under Subtitle I of the Resource Conservation and Recovery Act(RCRA)and must be registered with the state department responsible for administering the UST program.Available information varies by state program. Date of Government Version,08/31/2012 Source: Department of Health Date Data Arrived at EDR:09/04/2012 Telephone: 808-586-4228 Date Made Active in Reports:10/08/2012 Last EDR Contact:1211212012 Number of Days to Update:34 Next Scheduled EDR Contact:0311812013 Data Release Frequency:Semi-Annually INDIAN UST R8: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian land in EPA Region 8(Colorado,Montana,North Dakota,South Dakota,Utah,Wyoming and 27 Tribal Nations), Date of Government Version:08/27/2012 Source: EPA Region 8 Date Data Arrived at EDR:0812812012 Telephone: 303.312-6137 Date Made Active in Reports:10/16/2012 Last EDR Contact:07/26/2012 Number of Days to Update:49 Next Scheduled EDR Contact:02/11/2013 Data Release f=requency:Quarterly INDIAN UST R7: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian land in EPA Region 7(Iowa, Kansas,Missouri,Nebraska,and 9 Tribal Nations). Date at Government Version:08/17/2012 Source: EPA Region 7 Dale Data Arrived at EDR:08/28/2012 Telephone: 913-551-7003 Date Made Active in Reports:1011612012 Last EDR Contact:07/26/2012 Number of Days to Update:49 Next Scheduled EDR Contact:02/11/2013 Data Release Frequency:Varies j TC3486746.2s Page GR-6 GOVERNMENT RECORDS SEARCHED/ DATA CURRENCY TRACKING INDIAN UST 96: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian Land in EPA Region 6(Louisiana,Arkansas,Oklahoma,New Mexico,Texas and 65 Tribes). Date of Government Version:05/10/2011 Source: EPA Region 6 Date Data Arrived at EDR:05/11/2011 Telephone: 214.665-7591 Date Made Active in Reports:06/1412011 Last EDR Contact:07/26/2012 Number of Days to Update:34 Next Scheduled EDR Contact:02/11/2013 Data Release Frequency:Semi-Annually INDIAN UST R5: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian land in EPA Region 5(Michigan,Minnesota and Wisconsin and Tribal Nations). Date of Government Version:08102/2012 Source: EPA Region 5 Date Data Arrived at EDR:08/03/2012 Telephone: 31.2-886-6136 Date Made Active in Reports:11/05/2012 Last EDR Contact:07/2612012 Number of Days to Update:94 Next Scheduled EDR Contact:02/11/2013 Data Release Frequency:Varies INDIAN UST R4: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian land in EPA Region 4(Alabama,Florida,Georgia,Kentucky,Mississippi,North Carolina,South Carolina,Tennessee and Tribal Nations) i ii Date of Government Version:12/14/2011 Source: EPA Region 4 Date Data Arrived at EDR:12/15/2011 Telephone: 404-562.9424 Date Made Active in Reports:01/10/2012 Last EDR Contact:07126!2012 Number of Days to Update:26 Next Scheduled EDR Contact:,02/11/2013 Data Release Frequency:Semi-Annuaily INDIAN UST R1: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian land in EPA Region 1 (Connecticut,Maine,Massachusetts,New Hampshire,Rhode Island,Vermont and ten Tribal Nations). Date of Government Version:04/12/2012 Source: EPA,Region 1 Date Data Arrived at EDR:05/02/2012 Telephone: 617-918.1313 Date Made Active in Reports:07/1612012 Last EDR Contact:11/01/2012 Number of Days to Update:75 Next Scheduled EDR Contact:02/11/2013 Data Release Frequency:Varies INDIAN UST R10 Underground Storage Tanks an Indian Land The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian land in EPA Region 10(Alaska,Idaho,Oregon,Washington,and Tribal Nations). Date of Government Version:08/01/2012 Source: EPA Region 10 Date Data Arrived at EDR:08/0212012 Telephone: 206-553-2857 Date Made Active in Reports:10/16/2012 Last EDR Contact:07/26/20 12 Number of Days to Update:75 Next Scheduled EDR Contact:02111/2013 Data Release Frequency:Quarterly a INDIAN UST R9: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian land in EPA Region 9(Arizona,California,Hawaii,Nevada,the Pacific Islands,and Tribal Nations). Date of Government Version:09/06/2012 Source- EPA Region 9 Date Data Arrived at EDR:0910712012 Telephone: 415-972-3368 Date Made Active in Reports:1011612012 Last EDR Contact:07126/2012 Number of Days to Update:39 Next Scheduled EDR Contact:02/11/2013 Data Release Frequency:Quarterly i TC3486746.2s Page GR-7 I GOVERNMENT RECORDS SEARCHED 1 DATA CURRENCY TRACKING FEMA UST: Underground Storage Tank Listing A listing of all FEMA owned underground storage tanks. Date of Government Version:01101/2010 Source: FEMA Date Data Arrived at EDR:02/16/2010 Telephone: 202.646-5797 Date Made Active in Reports:0411212010 Last EDR Contact:10/15/2012 Number of Days to Update:55 Next Scheduled EDR Contact:01/28/2013 Data Release Frequency:Varies State and tribal institutional control Aengineering control registries ENG CONTROLS: Engineering Control Sites A listing of sites with engineering controls in place. Date of Government Version:03/13/2012 Source: Department of Health Date Data Arrived at EDR.04/0512012 Telephone: 404.586-4249 Date Made Active in Reports:04/30/2012 Last EDR Contact:0 813 1/2012 Number of Days to Update:25 Next Scheduled EDR Contact:12/10/2012 Data Release Frequency:Varies INST CONTROL: Sites with Institutional Controls Voluntary Remediation Program and Brownfields sites with institutional controls in place. Date of Government Version:03/13/2012 Source: Department of Health Date Data Arrived at EDR:04/0512012 Telephone: 808-586-4249 Date Made Active in Reports:04/30/2012 Last EDR Contact,08/31/2012 Number of Days to Update:25 Next Scheduled EDR Contact.12/10/2012 Data Release Frequency.Varies State and tribal voluntary cleanup sites VCP: Voluntary Response Program Sites Sites participating in the Voluntary Response Program.The purpose of the VRP is to streamline the cleanup process in a way that will encourage prospective developers,lenders,and purchasers to voluntarily cleanup properties. Date of Government Version:03/13/2012 Source: Department of Health Date Data Arrived at EDR:0410512012 Telephone. 808.586.4249 Date Made Active in Reports:04/30/2012 Last EDR Contact:08/31/2012 Number of Days to Update:25 Next Scheduled EDR Contact:1211012012 Data Release Frequency:Varies INDIAN VCP R1: Voluntary Cleanup Priority Listing A listing of voluntary cleanup priority sites located on Indian Land located in Region 1. Date of Government Version:09/28/2012 Source: EPA,Region 1 Date Data Arrived at EDR:10/02/2012 Telephone: 617-918-1102 Date Made Active in Reports-10/16/2012 Last EDR Contact.1010212012 Number of Days to Update:14 Next Scheduled EDR Contact:01/14/2013 Data Release Frequency:Varies INDIAN VCP R7: Voluntary Cleanup Priority Lisitng A listing of voluntary cleanup priority sites located on Indian Land located In Region 7. Date of Government Version:03/20/2008 Source: EPA,Region 7 Date Data Arrived at EDR:04/22/2008 Telephone: 913-551.7365 Date Made Active in Reports:05/19/2008 Last EDR Contact:0 4M/20 0 0 9 Number of Days to Update:27 Next Scheduled EDR Contact-.07/20/2009 Data Release Frequency:Varies State and tribal Brownfields sites TC3486746.2s Page GR-8 GOVERNMENT RECORDS SEARCHED 1 DATA CURRENCY TRACKING BROWNFIELDS: Brownfields Sites With certain legal exclusions and additions,the term'brownfield site'means real property,the expansion,redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance,pollutant, or contaminant. Date of Government Version:03113/2012 Source: Department of Health Date Data Arrived at EDR:04/05/2012 Telephone: 808-586-4249 Dale Made Active in Reports:04/30/2012 Last EDR Contact:08/31/2012 Number of Days to Update:25 Next Scheduled EDR Contact.12/10/2012 Data Release Frequency:Varies ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS� A Listing of Brownfields Sites Brownfields are real property,the expansion,redevelopment,or reuse of which may be complicated by the presence or potential presence of a hazardous substance,pollutant,or contaminant.Cleaning up and reinvesting in these properties takes development pressures off of undeveloped,open land,and both improves and protects the environment. Assessment,Cleanup and Redevelopment Exchange System(ACRES)stares information reported by EPA Brownfields grant recipients on brownfields properties assessed or cleaned up with grant funding as well as information on Targeted Brownfields Assessments performed by EPA Regions.A listing of ACRES Brownfield sites is obtained from Cleanups in My Community.Cleanups in My Community provides information on Brownfields properties for which information is reported back to EPA,as well as areas served by Brownfields grant programs. Date of Government Version:12110/2012 Source: Environmental Protection Agency Date Data Arrived at EDR:12/11/2012 Telephone: 202.566-2777 Date Made Active in Reports:12/24/2012 Last EDR Contact:12111/2012 Number of Days to Update:9 Next Scheduled EDR Contact:04/0812013 Data Release Frequency:Semi-Annually Local Lists of Landfill/Solid Waste Disposal Sites DEBRIS REGION 9: Torres Martinez Reservation Illegal Dump Site Locations A listing of illegal dump sites location on the Torres Martinez Indian Reservation located in eastern Riverside County and northern Imperial County,California. Date of Government Version:01/1212009 Source: EPA,Region 9 Date Data Arrived at EDR:05/07/2009 Telephone: 415-947.4219 Date Made Active in Reports:09/21/2009 Last EDR Contact:07/03/2012 Number of Days to Update:137 Next Scheduled EDR Contact:02/11/2013 Data Release Frequency:No Update Planned ODI: Open Dump Inventory An open dump is defined as a disposal facility that does not comply with one or more of the Part 257 or Part 258 Subtitle D Criteria. Dale of Government Version:06t30/1985 Source: Environmental Protection Agency Date Data Arrived at EDR:08/0912004 Telephone: 800-424-9346 Date Made Active in Reports:09/17/2004 Last EDR Contact:06/09/2004 Number of Days to Update:39 Next Scheduled EDR Contact:NIA Data Release Frequency:No Update Planned INDIAN ODI, Report on the Status of Open Dumps on Indian Lands Location of open dumps on Indian land. Date of Government Version.12/31/1996 Source: Environmental Protection Agency Date Data Arrived at EDR:12/03/2007 Telephone. 703-308-8245 Date Made Active in Reports:01/24/2008 Last EDR Contact:11105/2012 Number of Days to Update:52 Next Scheduled EDR Contact:0 211 8=13 Data Release Frequency:Varies TC3486746.2s Page GR-9 GGVERNMENT RECORDS SEARCHED I DATA CURRENCY TRACKING Local Lists of Hazardous waste I Contaminated Sites US CDL- Clandestine Drug Labs A listing of clandestine drug lab locations.The U.S.Department of Justice("the Department")provides this web site as a public service.It contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases,the source of the entries Is not the Department,and the Department has not verified the entry and does not guarantee its accuracy.Members of the public must verify the accuracy of all entries by,for example, contacting local law enforcement and local health departments. Date of Government Version:07/11/2012 Source: Drug Enforcement Administration Date Data.Arrived at EDR:09/12/2012 Telephone: 202-307.1000 Dale Made Active in Reports:11/05/2012 Last EDR Contact:12/03/2012 Number of Days to Update:54 Next Scheduled EDR Contact:03/18/2013 Data Release Frequency,quarterly CDL: Clandestine Drug Lab Listing A listing of clandestine drug lab site locations. Date of Government Version:08104/2010 Source: Department of Health Date Data Arrived at EDR:09/10/2010 Telephone: 808.586-4249 Date Made Active in Reports:10/22/2010 Last EDR Contact;12/03/2012 Number of Days to Updater 42 Next Scheduled EDR Contact:0311$12013 Data Release Frequency:Varies US HIST CDL: National Clandestine Laboratory Register A listing of clandestine drug lab locations.The U.S.Department of Justice["the Department")provides this web site as a public service, ft contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases,the source of the entries is not the Department,and the Department has not verified the entry and does not guarantee its accuracy.Members of the public must verify the accuracy of all entries by,for example, contacting local law enforcement and local health departments. Date of Government Version:09/01/2007 Source: Drug Enforcement Administration Date Data Arrived at EDR:11/19/2008 Telephone: 202-307-1000 0 Date Made Active in Reports:03/30/2009 Last EDR Contact:03/23/2009 Number of Days to Update:131 Next Scheduled EDR Contact:06/2212009 Data Release Frequency•No Update Planned Local Land Records LIENS 2: CERCLA Lien Information A Federal CERCLA('Superfund')lien can exist by operation of law at any site or property at which EPA has spent Superfund monies.These monies are spent to investigate and address releases and threatened releases of contamination- CERCLIS provides information as to the identity of these sites and properties. Date of Government Version:0211612012 Source: Environmental Protection Agency Date Data Arrived at EDR:03/26/2012 Telephone: 202.564-6023 Date Made Active in Reports:06/14/2012 Last EDR Contact:11/01/2012 Number of Days to Update.8D Next Scheduled EDR Contact:02111=13 Data Release Frequency:Varies Records of Emergency Release Reports HMIRS: Hazardous Materials Information Reporting System Hazardous Materials Incident Report System.HMIRS contains hazardous material spill incidents reported to DDT. Date of Government Version:04/01/2012 Source- U.S Department of Transportation Date Data Arrived at EDR:04/03/2012 Telephone: 202-366-4555 Date Made Active in Reports:06/14/2012 Last EDR Contact:01/03/2013 Number of Days to Update:72 Next Scheduled EDR Contact:04/15/2013 Data Release Frequency:Annually } TC3486746.2s Page GR-10 GOVERNMENT RECORDS SEARCHED 1 DATA CURRENCY TRACKING SPILLS: Release Notifications Releases of hazardous substances to the environment reported to the Office of Hazard Evaluation and Emergency Response since 1988. Dale of Government Version:01/31/2012 Source: Department of Health Date Data Arrived at EDR:02/28/2012 Telephone: 808.586-4249 Date Made Active in Reports:04/0412012 Last EDR Contact:08/31/2012 Number of Days to Update.36 Next Scheduled EDR Contact:12110/2012 Data Release Frequency:Varies Other Ascertainable Records RCRA-NonGen: RCRA-Non Generators RCRAInfe is EPA's comprehensive information system,providing access to data supporting the Resource Conservation and Recovery Act(RCRA)of 1976 and the Hazardous and Solid Waste Amendments(HSWA)of 1984.The database includes selective information on sites which generate,transport,store,treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act(RCRA).Non-Generators do not presently generate hazardous waste. Date of Government Version:09/11/2012 Source: Environmental Protection Agency Date Data Arrived at EDR:10/04/2012 Telephone: (415)495-8895 Date Made Active in Reports:12/04/2012 Last EDR Contact:01/03/2013 Number of Days to Update:61 Next Scheduled EDR Contact:04/1512013 Data Release Frequency:Varies DDT OPS: Incident and Accident Data Department of Transporation,Office of Pipeline Safety Incident and Accident data. Date of Government Version:07/31/2012 Source: Department of Transporation,Office of Pipeline Safety Date Data Arrived at EDR:08/07/2012 Telephone: 202-366-4595 Date Made Active in Reports:09/18/2012 Last EDR Contact:11/06/2012 Number of Days to Update:42 Next Scheduled EDR Contact:0 211 812 0 1 3 �- DDD: Department of Defense Sites Data Release Frequency:Varies This data set consists of federally owned or administered lands,administered by the Department of Defense,that have any area equal to or greater than 640 acres of the United States,Puerto Rico,and the U.S.Virgin Islands. Date of Government Version:12131/2005 Source: USGS Date Data Arrived at EDR:1 1 11 01200 6 Telephone: 888-275-8747 Date Made Active in Reports:01/11/2007 Last EDR Contact:10/1812012 Number of Days to Update:62 Next Scheduled EDR Contact:01/28/2013 Data Release Frequency:Semi-Annually FURS: Formerly Used Defense Sites The listing includes locations of Formerly Used Defense Sites properties where the US Army Corps of Engineers is actively working or will take necessary cleanup actions. Date of Government Version:12/31/2009 Source: U.S.Army Corps of Engineers Date Data Arrived at EDR:08112/2010 Telephone: 202-528.4285 Date Made Active in Reports:12/02/2010 Last EDR Contact:12/10/2012 Number of Days to Update:112 Next Scheduled EDR Contact:03/25=13 Data Release Frequency:Varies CONSENT: Superfund(CERCLA)Consent Decrees Major legal settlements that establish responsibility and standards for cleanup at NPL(Superfund)sites Released periodically by United States District Courts after settlement by parties to litigation matters. Date of Government Version:10101=12 Source: Department of Justice,Consent Decree Library Date Data Arrived at EDR:10/19/2012 Telephone: Varies Date Made Active in Reports:12/20/2012 Last EDR Contact:12/28/2012 Number of Days to Update:62 Next Scheduled EDR Contact.04/15/2013 Data Release Frequency:Varies TC3486746.2s Page GR-11 t GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING ROD. Records Of Decision Record of Decision. ROD documents mandate a permanent remedy at an NPL(Superfund)site containing technical and health information to aid in the cleanup. Date of Government Version:02/27/2012 Source: EPA Date Data Arrived at EDR:03/14/2012 Telephone: 703-416.0223 Date Made Active in Reports.06/14/2012 Last EDR Contact.1211112012 Number of Days to Update:92 Next Scheduled EDR Contact:0312512013 Data Release Frequency:Annually UMTRA: Uranium Mill Tailings Sites Uranium ore was mined by private companies for federal government use in naVenal defense programs.When the mills shut down,large piles of the sand-like material(mill tailings)remain after uranium has been extracted from the ore. Levels of human exposure to radioactive materials from the piles are low;however,in some cases tailings were used as construction materials before the potential health hazards of the tailings were recognized. Date of Government Version:09/14/2010 Source: Department of Energy Date Data Arrived at EDR:10/07/2011 Telephone: 505-845-0011 Date Made Active in Reports,03(0112012 Last EDR Contact:1lf2812012 Number of Days to Update:146 Next Scheduled EDR Contact:03/11/2013 Data Release Frequency:Varies MINES: Mines Master Index File Contains all mine identification numbers issued for mines active or opened since 1971.The data also includes violation information. Date of Government Version:08/18/2011 Source. Department of Labor,Mine Safety and Health Administration Date Data Arrived at EDR:09/08/2011 Telephone: 303.231-5959 Date Made Active in Reports:09/29/2011 Last EDR Contact:12105/2012 Number of Days to Update,21 Next Scheduled EDR Contact,03/18/2013 Data Release Frequency:Semi-Annually THIS: Toxic Chemical Release Inventory System Toxic Release Inventory System.THIS identifies facilities which release toxic chemicals to the air,water and land in reportable quantities under SARA Title III Section 313 0 Date of Government Version:12/31/2009 Source: EPA Date Data Arrived at EDR:09/01/2011 Telephone: 202-566.0250 Date Made Active in Reports:01/10/2012 Last EDR Contact.11/2812012 Number of Days to Update:131 Next Scheduled EDR Contact:03111/2013 Data Release Frequency:Annually TSCA: Toxic Substances Control Act Toxic Substances Control Act.TSCA identifies manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant site. Date of Government Version:12/31/2006 Source: EPA Date Data Arrived at EDR:09/2912010 Telephone: 202-260-5521 Date Made Active in Reports:12/02/2010 Last EDR Contact:12/28/2012 Number of Days to Update,64 Next Scheduled EDR Contact:04/08/2013 Data Release Frequency.Every 4 Years FITS: FIFRA/TSCA Tracking System-FIFRA(Federal Insecticide,Fungicide,&Rodenticide Act)/TSCA(Toxic Substances Control Act) FTTS tracks administrative cases and pesticide enforcement actions and compliance activities related to FIFRA, TSCA and EPCRA(Emergency Planning and Community Right-to-Know Act).To maintain currency,EDR contacts the Agency on a quarterly basis. Date of Government Version:04/09/2009 Source: EPA/Office of Prevention,Pesticides and Toxic Substances Date Data Arrived at EDR:04/16/2009 Telephone. 202.566.1667 Date Made Active in Reports.05/11/2009 Last EDR Contact:11/26/2012 Number of Days to Update:25 Next Scheduled EDR Contact-03/11/2013 Data Release Frequency:Quarterly . 1 TC3486746.2s Page GR-12 GOVERNMENT RECORDS SEARCHED 1 DATA CURRENCY TRACKING MS INSP: FIFRAI TSCA Tracking System-Fl FRA(Federal Insecticide,Fungicide,&Rodenticide Act)/TSCA(Toxic Substances Control Act) A listing of FIFRA/TSCA Tracking System(FTTS)inspections and enforcements. Date of Government Version:04/09/2009 Source, EPA Date Data Arrived at EDR:04/16/2009 Telephone: 202-566-1667 Date Made Active in Reports:05/11/2009 Last EDR Contact:11 126/2012 Number of Days to Update:25 Next Scheduled EDR Contact:.03/11/2013 Data Release Frequency:Quarterly HIST FITS: FIFRAIrSCA Tracking System Administrative Case Listing A complete administrative case listing from the FIFRAITSCA Tracking System(FTTS)for all ten EPA regions.The information was obtained from the National Compliance Database(NCDB).NCDB supports the implementation of FIFRA (Federal Insecticide,Fungicide,and Rodenticide Act)and TSCA(Toxic Substances Control Act).Some EPA regions are now dosing out records.Because of that,and the fact that some EPA regions are not providing EPA Headquarters with updated records,it was decided to create a HIST FITS database. It included records that may not be included in the newer FTTS database updates.This database is no longer updated. Date of Government Version:10/19/2006 Source: Environmental Protection Agency Date Data Arrived at EDR:03/01/2007 Telephone: 202-564-2501 Date Made Active in Reports:04/1012007 Last EDR Contact.12117/2007 Number of Days to Update:40 Next Scheduled EDR Contact:03117/2008 Data Release Frequency:No Update Planned HIST FTTS INSP: FIFRA/TSCA Tracking System Inspection&Enforcement Case Listing A complete inspection and enforcement case listing from the FIFRA/TSCA Tracking System(FTTS)for all ten EPA regions.The information was obtained from the National Compliance Database(NCDB),NCDB supports the implementation of FIFRA(Federal Insecticide,Fungicide,and Rodenticide Act)and TSCA(Toxic Substances Control Act).Some EPA regions are now closing out records.Because of that,and the fact that some EPA regions are not providing EPA Headquarters with updated records,it was decided to create a HIST FTTS database.It included records that may not be included in the newer FTTS database updates.This database is no longer updated. Date of Government Version:10/19/2006 Source: Environmental Protection Agency Date Data Arrived at EDR:03/01/2007 Telephone: 202.564-2501 Date Made Active in Reports:04/10/2007 Last EDR Contact:12/17/2008 Number of Days to Update:40 Next Scheduled EDR Contact:03/17/2008 Data Release Frequency:No Update Planned SSTS: Section 7 Tracking Systems Section 7 of the Federal Insecticide,Fungicide and Rodenticide Act,as amended(92 Stat.829)requires all registered pesticide-producing establishments to submit a report to the Environmental Protection Agency by March 1 st each year.Each establishment must report the types and amounts of pesticides,active ingredients and devices being produced,and those having been produced and sold or distributed in the past year. Date of Government Version:12/31/2009 Source: EPA Date Data Arrived at EDR:12/10/2010 Telephone: 202-564-4203 Date Made Active in Reports:02/2512011 Last EDR Contact:11/0112012 Number of Days to Update:77 Next Scheduled EDR Contact:02111/2013 Data Release Frequency:Annually ICIS: Integrated Compliance Information System The Integrated Compliance Information System(ICIS)supports the information needs of the national enforcement and compliance program as well as the unique needs of the National Pollutant Discharge Elimination System(NPDES) program. Date of Government Version:07/20/2011 Source: Environmental Protection Agency Date Data Arrived at EDR:1111012011 Telephone: 202-564-5088 Date Made Active in Reports:01/10/2012 Last EDR Contact:10/19/2012 Number of Days to Update:61 Next Scheduled EDR Contact:01/28/2013 Data Release Frequency-Quarterly TC3486746.2s Page GR-13 1 GOVERNMENT RECORDS SEARCHED/ DATA CURRENCY TRACKING PADS: PCB Activity Database System PCB Activity Database.PADS Identifies generators,transporters,commercial storers and/or brokers and disposers of PCB's who are required to notify the EPA of such activities. Date of Government Version:11/01/2010 Source: EPA Date Data Arrived at EDR:11/10/2010 Telephone: 202-566-0500 Date Made Active in Reports:02/1612011 Last EDR Contact:10/19/2012 Number of Days to Update.98 Next Scheduled EDR Contact:01/28/2013 Data Release Frequency:Annually MLTS: Material Licensing Tracking System MLTS is maintained by the Nuclear Regulatory Commission and contains a list of approximately 8,100 sites which possess or use radioactive materials and which are subject to NRC licensing requirements.To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version:06/21/2011 Source: Nuclear Regulatory Commission Date Data Arrived at EDR,07/15/2011 Telephone: 301-415-7169 Date Made Active in Reports:09/13/2011 Last EDR Contact:12110/2012 Number of Days to Update:60 Next Scheduled EDR Contact:03/25/2013 Data Release Frequency:Quarterly RADINFO: Radiation Information Database The Radiation Information Database(RADINFC)contains information about facilities that are regulated by U.S. Environmental Protection Agency(EPA)regulations for radiation and radioactivity. Date of Government Version:1 010 212 0 1 2 Source: Environmental Protection Agency Date Data Arrived at EDR:10/02/2012 Telephone: 202-343.9775 Date Made Active in Reports:11/0512012 Last EDR Contact:10/0212012 Number of Days to Update:34 Next Scheduled EDR Contact:01/21/2013 Data Release Frequency.Quarterly FINDS: Facility Index System/Facility Registry System Facility Index System. FINDS contains both facility information and'pointers'to other sources that contain more detail.EDR includes the following FINDS databases in this report:PCS(Permit Compliance System),AIRS(Aerometric Information Retrieval System).DOCKET(Enforcement Docket used to manage and track information on civil judicial enforcement cases for all environmental statutes),FURS(Federal Underground Injection Control),C-DOCKET(Criminal Docket System used to track criminal enforcement actions for all environmental statutes),FFIS(Federal Facilities Information System),STATE(State Environmental Laws and Statutes),and PADS(PCB Activity Data System), Date of Government Version:10/23/2011 Source: EPA Date Data Arrived at EDR:1211312011 Telephone: (415)947-8000 Date Made Active in Reports.03/0112012 Last EDR Contact:12P 1/2012 Number of Days to Update:79 Next Scheduled EDR Contact:03/25/2013 Data Release Frequency:Quarterly RAATS: RCRA Administrative Action Tracking System RCRA Administration Action Tracking System.RAATS contains records based on enforcement actions issued under RGRA pertaining to major violators and includes administrative and civil actions brought by the EPA.For administration actions after September 30,1995,data entry in the RAATS database was discontinued.EPA will retain a copy of the database for historical records.It was necessary to terminate RAATS because a decrease in agency resources made it impossible to continue to update the information contained in the database. Date of Government Version.04/1711995 Source: EPA Date Data Arrived at EDR:07103/1995 Telephone: 202-564.4104 Date Made Active in Reports:08107/1995 Last EDR Contact:06/02/2008 Number of Days to Update:35 Next Scheduled EDR Contact:09/01/2008 Data Release Frequency:No Update Planned BRS: Biennial Reporting System The Biennial Reporting System is a national system administered by the EPA that collects data on the generation and management of hazardous waste.BRS captures detailed data from two groups:Large Quantity Generators(LOG) and Treatment,Storage,and Disposal Facilities. TC3486746.2s Page GR-14 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING ` Date of Government Version:12/31/2009 Source. EPA/NTIS Date Data Arrived at EDR:03/01/2011 Telephone: 800-424-9346 Date Made Active in Reports:05/02/2011 Last EDR Contact:11/30/2012 Number of Days to Update:62 Next Scheduled EDR Contact.03/11/2013 Data Release Frequency:Biennially UIC: Underground Injection Wells Listing A listing of underground injection well locations. Date of Government Version:06108/2012 Source: Department of Health Date Data Arrived at EDR:06/1212012 Telephone: 808-586-4258 Date Made Active in Reports:07/17/2012 Last EDR Contact:12103/2012 Number of Days to Update:35 Next Scheduled EDR Contact:03/18/2013 Data Release Frequency:Varies DRYCLEANERS: Permitted Drycleaner Facility Listing A listing of permitted drycleaner facilities in the state. Date of Government Version:08/24/2012 Source: Department of Health Date Data Arrived at EDR-08/28/2012 Telephone: 808-586-4200 Date Made Active in Reports:09/28/2012 Last EDR Contact:10/22/2012 Number of Days to Update:31 Next Scheduled EDR Contact:01/21/2013 Data Release Frequency:Varies AIRS: List of Permitted Facilities A listing of permitted facilities in the state. Date of Government Version:09/30/2012 Source: Department of Health Date Data Arrived at EDR:10123/2012 Telephone: 808-586-4200 Date Made Active in Reports,1112712012 Last EDR Contact:10/2212012 Number of Days to Update:35 Next Scheduled EDR Contact:01/2112013 Data Release Frequency:Varies INDIAN RESERV: Indian Reservations This map layer portrays Indian administered lands of the United States that have any area equal to or greater than 640 acres. Date of Government Version:12/31/2005 Source: USGS Date Data Arrived at EDR.12/08/2006 Telephone: 202-208-3710 Date Made Active in Reports:01111/2007 Last EDR Contact:10/18/2012 Number of Days to Update:34 Next Scheduled EDR Contact:01/2812013 Data Release Frequency:Semi-Annually SCRD DRYCLEANERS: State Coalition for Remediation of Drycleaners.Listing The State Coalition for Remediation of Drycleaners was established in 1998,with support from the U.S.EPA office of Superfund Remediation and Technology Innovation.It is comprised of representatives of states with established drycleaner remediation programs.Currently the member states are Alabama,Connecticut,Florida,Illinois,Kansas, Minnesota,Missouri,North Carolina,Oregon,South Carolina,Tennessee,Texas,and Wisconsin. Date of Government Version:03/07/2011 Source: Environmental Protection Agency Date Data Arrived at EDR:03/09/2011 Telephone: 515-532.8599 Date Made Active in Reports:05102/2011 Last EDR Contact:10/22/2012 Number of Days to Update.54 Next Scheduled EDR Contact:02104/2013 Data Release Frequency:Varies Financial Assurance: Financial Assurance Information Listing A listing of financial assurance information for underground storage tank facilities.Financial assurance is intended to ensure that resources are avaiIabia to pay for the cost of closure,post-closure care,and corrective measures if the owner or operator of a regulated facility is unable or unwilling to pay. 1 TC3486746.2s Page GR-15 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version:09/17/2012 Source: Department of Health Date Data Arrived at EDR:09/18/2012 Telephone: 808-586-4226 Date Made Active in Reports,10/0812012 Last EDR Contact:12112/2012 Number of Days to Update:20 Next Scheduled EDR Contact:04/01/2013 Data Release Frequency:Varies 2020 COR ACTION: 2020 Corrective Action Program List The EPA has set ambitious goals for the RCRA Corrective Action program by creating the 2020 Corrective Action Universe.This RCRA cleanup baseline includes facilities expected to need corrective action.The 2020 universe contains a wide variety of sites Some properties are heavily contaminated while others were contaminated but have since been cleaned up.Still others have not been fully investigated yet,and may require little or no remediation. Inclusion in the 2020 Universe does not necessarily imply failure on the part of a facility to meet its RCRA obligations. Date of Government Version:11/11/2011 Source: Environmental Protection Agency Date Data Arrived at EDR:05/18/2012 Telephone: 703-308-4044 Date Made Active in Reports:05/25/2012 Last EDR Contact:08/16/2012 Number of Days to Update:7 Next Scheduled EDR Contact:11/26/2012 Data Release Frequency:Varies COAL ASH EPA: Coal Combustion Residues Surface Impoundments List A listing of coal combustion residues surface impoundments with high hazard potential ratings. Dale of Government Version:08/17/2010 Source: Environmental Protection Agency Dale Data Arrived at EDR:01103/2011 Telephone: NIA Date Made Active in Reports:03/21/2011 Last EDR Contact:1211112012 Number of Days to Update:77 Next Scheduled EDR Contact:03/25/2013 Data Release Frequency:Varies COAL ASH DOE: Sleam-Electric Plan Operation Data A listing of power plants that store ash in surface ponds Date of Government Version:12/31/2005 Source: Department of Energy Date Data Arrived at EDR:08/07/2009 Telephone. 202-586.8719 Date Made Active in Reports:10/22/2009 Last EDR Contact,10/16/2012 Number of Days to Update:76 Next Scheduled EDR Contact:01/28/2013 Data Release Frequency-Varies PCB TRANSFORMER: PCB Transformer Registration Database The database of PCB transformer registrations that includes all PCB registration submittals. Date of Government Version:02/01/2011 Source. Environmental Protection Agency Date Data Arrived at EDR:10119/2011 Telephone: 202-566-0517 Date Made Active in Reports,01/10/2012 Last EDR Contact 1110212012 Number of Days to Update:83 Next Scheduled EDR Contact:02/11/2013 Data Release Frequency:Varies US FIN ASSUR: Financial Assurance Information All owners and operators of facilities that treat,store,or dispose of hazardous waste are required to provide proof that they will have sufficient funds to pay for the clean up,closure,and past-closure care of their facilities. Date of Government Version.08120/2012 Source: Environmental Protection Agency Date Data Arrived at EDR:08/28/2012 Telephone: 202-566-1917 Date Made Active in Reports:1110512012 Last EDR Contact:11/16/2012 Number of Days to Update:69 Next Scheduled EDR Contact:03/04/2013 Data Release Frequency.Quarterly EPA WATCH LIST: EPA WATCH LIST EPA maintains a"Watch List"to facilitate dialogue between EPA,state and local environmental agencies on enforcement matters relating to facilities with alleged violations identified as either significant or high priority.Being on the Watch List does not mean that the facility has actually violated the law only that an investigation by EPA or a state or local environmental agency has led those organizations to allege that an unproven violation has in fact occurred.Being on the Watch List does not represent a higher level of concern regarding the alleged violations that were detected,but instead Indicates cases requiring additional dialogue between EPA,state and local agencies-primarily because of the length of time the alleged violation has gone unaddressed or unresolved. 7 TC3486746.2s Page GR-16 GOVERNMENT RECORDS SEARCHED 1 DATA CURRENCY TRACKING Date of Government Version:07/3112012 Source: Environmental Protection Agency Date Data Arrived at EDR:08113/2012 Telephone: 617-520-3000 Date Made Active in Reports:09/1812012 Last EDR Contact:11/12/2012 Number of Days to Update:36 Next Scheduled EDR Contact:02/25/2013 Data Release Frequency:Quarterly US AIRS MINOR: Air Facility System Data A listing of minor source facilities. Date of Government Version:01118!2012 Source: EPA Date Data Arrived at EDR.01127/2012 Telephone: 202-564-5962 Date Made Active in Reports:03/01/2012 Last EDR Contact:12/28/2012 Number of Days to Update:34 Next Scheduled EDR Contact:04/1512013 Data Release Frequency:Annually FEDLAND: Federal and Indian Lands Federally and Indian administrated lands of the United States.Lands included are administrated by:Army Corps of Engineers,Bureau of Reclamation,National Wild and Scenic River,National Wildlife Refuge,Public Domain Land, Wilderness,Wilderness Study Area,Wildlife Management Area,Bureau of Indian Affairs,Bureau of Land Management, Department of Justice,Forest Service,Fish and Wildlife Service,National Park Service. Date of Government Version:12/31/2005 Source: U.S.Geological Survey Date Data Arrived at EDR:02106/2006 Telephone: 888-275-8747 Date Made Active in Reports:01111/2007 Last EDR Contact:10/18/2012 Number of Days to Update:339 Next Scheduled EDR Contact:01/28/2013 Data Release Frequency:NIA PRP: Potentially Responsible Parties A listing of verified Potentially Responsible Parties Date of Government Version:10/01 12012 Source: EPA Date Data Arrived at EDR:10104/2012 Telephone: 202.564-6023 f Date Made Active in Reports:11/05/2012 Last EDR Contact:01/03/2013 1 Number of Days to Update:32 Next Scheduled EDR Contact:04/15/2013 Data Release Frequency:Quarterly US AIRS(AFS): Aerometr€c Information Retrieval System Facility Subsystem(AFS) The database is a sub-system of Aerometric Information Retrieval System(AIRS).AFS contains compliance data on air pollution point sources regulated by the U.S.EPA and/or state and local air regulatory agencies.This information comes from source reports by various stationary sources of air pollution,such as electric power plants, sleet mills,factories,and universities,and provides information about the air pollutants they produce.Action, air program,air program pollutant,and general level plant data. it is used to track emissions and compliance data from industrial plants. Date of Government Version:01/18/2012 Source: EPA Date Data Arrived at EDR:01/2712012 Telephone: 202-564-5962 Date Made Active in Reports:03/01/2012 Last EDR Contact:12/28/2012 Number of Days to Update:34 Next Scheduled EDR Contact,04/15J2013 Data Release Frequency:Annually EOR HIGH RISK HISTORICAL_RECORDS EDR Exclusive Records EDR MGP: EDR Proprietary Manufactured Gas Plants The EDR Proprietary Manufactured Gas Plant Database includes records of coal gas plants(manufactured gas plants) compiled by EDR's researchers.Manufactured gas sites were used in the United States from the 1800's to 1950's to produce a gas that could be distributed and used as fuel.These plants used whale oil,rosin,coal,or a mixture of coal,oil,and water that also produced a significant amount of waste.Many of the byproducts of the gas production, such as coal tar(oily waste containing volatile and non-volatile chemicals),sludges,oils and other compounds °N are potentially hazardous to human health and the environment.The byproduct from this process was frequently disposed of directly at the plant site and can remain or spread slowly,serving as a continuous source of sod and groundwater contamination. n ie TC3486746.2s Page GR-17 1� GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version:NIA Source: EDR,Inc Date Data Arrived at EDR;N/A Telephone: NIA Date Made Active in Reports:NIA Last EDR Contact:NIA Number of Days to Update:NIA Next Scheduled EDR Contact:NIA Data Release Frequency:No Update Planned OTHER DATABASE(S) Depending on the geographic area covered by this report,the data provided in these specialty databases may or may not be complete. For example,the existence of wetlands information data in a specific report does not mean that all wetlands in the area covered by the report are included. Moreover,the absence of any reported wetlands information does not necessarily mean that wetlands do not exist in the area covered by the report.. Oil/Gas Pipelines: This data was obtained by EDR from the USGS in 1994 It is referred to by USGS as GeoData Digital Line Graphs from 1:100,000-Scale Maps.It was extracted from the transportation category including some oil,but primarily gas pipelines. Electric Power Transmission Line Data Source: Rextag Strategies Corp. Telephone:(281)769-2247 U.S.Electric Transmission and Power Plants Systems Digital GIS Data Sensitive Receptors: There are individuals deemed sensitive receptors due to their fragile immune systems and special sensitivity to environmental discharges. These sensitive receptors typically include the elderly,the sick,and children. While the location of all sensitive receptors cannot be determined,EDR indicates those buildings and facilities-schools,daycares,hospitals,medical centers, and nursing homes-where individuals who are sensitive receptors are likely to be located AHA Hospitals: Source:American Hospital Association,Inc. Telephone:312-280-5991 The database includes a listing of hospitals based on the American Hospital Association's annual survey of hospitals. Medical Centers:Provider of Services Listing Source.Centers for Medicare&Medicaid Services Telephone:410-786-3000 A listing of hospitals with Medicare provider number,produced by Centers of Medicare&Medicaid Services, a federal agency within the U.S.Department of Health and Human Services. Nursing Homes Source:National Institutes of Health Telephone:301-594-8248 Information on Medicare and Medicaid certified nursing homes in the United States. Public Schools Source:National Center for Education Statistics Telephone:202-502-7300 The National Center for Education Statistics'primary database on elementary and secondary public education In the United States. It Is a comprehensive,annual,national statistical database of all public elementary and secondary schools and school districts,which contains data that are comparable across all states. Private Schools Source:National Center for Education Statistics Telephone:202-502-7300 The National Center for Education Statistics'primary database on private school locations in the United States. Flood Zone Data, This data,available in select counties across the country,was obtained by EDR in 2003&2011 from the Federal Emergency Management Agency(FEMA). Data depicts 100-year and 500-year Rood zones as defined by FEMA. NWI: National Wetlands Inventory. This data,available in select counties across the country,was obtained by EDR in 2002 and 2005 from the U.S.Fish and Wildlife Service, TC3486746.2s Page GR-18 GOVERNMENT RECORDS SEARCHED 1 DATA CURRENCY TRACKING Scanned Digital USGS 7.5'Topographic Map(DRG) Source:United States Geologic Survey A digital raster graphic(DRG)is a scanned image of a U.S.Geological Survey topographic map.The map images are made by scanning published paper maps on high-resolution scanners.The raster image is georeferenced and fit to the Universal.Transverse Mercator(UTM)projection. STREET AND ADDRESS INFORMATION d 2010 Tele Atlas North America, Inc.All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights awned by or licensed to Tele Atlas North America,Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material. I l i 4 l TC3486746.2s Page GR-19 >i -;l GEOCHECK®- PHYSICAL SETTING SOURCE ADDENDUM TARGET PROPERTY ADDRESS KONA PROPOSED SKILLED NURSING FACILITY LOT 3 WAIAHA 1 ST PUAPUAANUI 1 ST KAILUA KONA, HI 96740 TARGET PROPERTY COORDINATES Latitude(North): 19.6257- 19°37'32.52" Longitude(West): 155.9802-155'58'48.72" Universal Tranverse Mercator: Zone 5 UTM X(Meters)- 187414.7 UTM Y(Meters): 2172665.0 Elevation: 156 ft.above sea level USGS TOPOGRAPHIC MAP Target Property Map: 19155-F8 KAILUA, HI Most Recent Revision: Not reported South Map: 19155-E8 KEALAKEKUA, HI Most Recent Revision: Not reported EDR's GeoGheck Physical Setting Source Addendum is provided to assist the environmental professional in forming an opinion about the impact of potential contaminant migration. �- Assessment of the impact of contaminant migration generally has two principal investigative components: 1. Groundwater flow direction, and 2. Groundwater flow velocity. Groundwater flow direction may be impacted by surface topography, hydrology, hydrogeology,characteristics of the soil,and nearby wells. Groundwater flow velocity is generally impacted by the nature of the geologic strata. TC3486746.2s Page A-1 GEOCHECK"' - PHYSICAL SETTING SOURCE SUMMARY GROUNDWATER PLOW DIRECTION INFORMATION Groundwater flow direction for a particular site is best determined by a qualified environmental professional using site-specific well data. If such data is not reasonably ascertainable,it may be necessary to rely on other sources of information,such as surface topographic information, hydrologic information,hydrogeologic data collected on nearby properties,and regional groundwater flow information(from deep aquifers), TOPOGRAPHIC INFORMATION Surface topography may be indicative of the direction of surficial groundwater flow. This information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property,what downgradient sites might be impacted. TARGET PROPERTY TOPOGRAPHY General Topographic Gradient: General WSW SURROUNDING TOPOGRAPHY:ELEVATION PROFILES q N u Rn LLJ N O North South TP a w 1 g W � � � N d � O N T n a o a a a West East TP 0 112 1 Maes Target Properly Elevation; 156 ft. Source:Topography has been determined from the USGS 7.5'Digital Elevation Model and should be evaluated on a relative(not an absolute)basis. Relative elevation information between sites of close proximity should be field verified. i TC3486746.2s Page A-2 GEOCHECKO - PHYSICAL SETTING SOURCE SUMMARY HYDROLOGIC INFORMATION Surface water can act as a hydrologic barrier to groundwater flow. Such hydrologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or,should contamination exist on the target property,what downgradient sites might be impacted. Refer to the Physical Setting Source Map following this summary for hydrologic information(major waterways and bodies of water). FEMA FLOOD ZONE FEMA Flood Target Property County Electronic Data HAWAII, HI YES -refer to the Overview Map and Detail Map Flood Plain Panel at Target Property: 1551660713D FEMA Q3 Flood data Additional Panels in search area: 1551660714C FEMA Q3 Flood data NATIONAL WETLAND INVENTORY NWI Electronic NWI Quad at Target Property Data Coverage KAILUA YES-refer to the Overview Map and Detail Map HYDROGEOLOGIC INFORMATION Hydrogeologic information obtained by installation of wells on a specific site can often be an indicator of groundwater flow direction in the immediate area. Such hydrogeologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property,what downgradient sites might be impacted. AQUIFLOW Search Radius: 1.000 Mile. EDR has developed the AQUIFLOW Information System to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted by environmental professionals to regulatory authorities at select sites and has extracted the date of the report,groundwater flow direction as determined hydrogeologically,and the depth to water table. LOCATION GENERAL DIRECTION MAP ID FROM TP GROUNDWATER FLOW Not Reported TC3486746.2s Page A-3 GEOCHECI[G - PHYSICAL SETTING SOURCE SUMMARY GROUNDWATER FLOW VELOCITY INFORMATION Groundwater flow Velocity information for a particular site is best determined by a qualified environmental professional using site specific geologic and soil strata data. If such data are not reasonably ascertainable,it may be necessary to rely on other sources of information, including geologic age identification,rock stratigraphic unit and soil characteristics data collected on nearby properties and regional soil information. In general,contaminant plumes move more quickly through sandy-gravelly types of soils than sllty-clayey types of soils. GEOLOGIC INFORMATION IN GENERAL AREA OF TARGET PROPERTY Geologic information can be used by the environmental professional in forming an opinion about the relative speed at which contaminant migration may be occurring. ROCK STRATIGRAPHIC UNIT GEOLOGIC AGE IDENTIFICATION Era: Category: - System: Series: - Code: N/A (decoded above as Era,System&Series) Geologic Age and Rack Stratigraphic Unit Source: P.G. Schruben, R.E.Arndt and W.J. Bawiec,Geology of the Conterminous U.S.at 1:2,500,000 Scale-a digital representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS- 11 {1994}. I i i T03486746.2s Page A-4 SSV-.GO SOIL MAP - 3486746. I I Target Property uis 1.E wk, 4 SSURGO Soil Water 1✓ SITE NAME: Kona Proposed Stalled Nursing Facllity CLIENT: HWA GeoSciences,Inc. ADDRESS: Lot 3 Waiaha 1st Puapuaanui 1st CONTACT: Vance AtIdns Kailua Kana HI 96740 INQUIRY#: 3486746.2s LAT/LONG: 19.62571155.9802 DATE; January 03,2013 2:19 prn Copyright*2013 EAR.Inc.eJ 2010 Teie Atfee Ral 07,2-100. GEOCHECKa - PHYSICAL. SETTING SOURCE SUMMARY l DOMINANT SOIL COMPOSITION IN GENERAL AREA OF TARGET PROPERTY The U.S.Department of Agriculture's(USDA)Soil Conservation Service (SGS) leads the National Cooperative Soil Survey(NCSS)and is responsible for collecting,storing,maintaining and distributing soil survey information for privately owned lands in the United States.A soil map in a soil survey is a representation of soil patterns in a landscape.The following information is based on Soil Conservation Service SSURGO data. Sail Map ID:1 Soil Component Name: Punaluu Soil Surface Texture: peat Hydrologic Group: Class D-Very slow infiltration rates.Soils are clayey,have a high water table,or are shallow to an impervious layer. Soil Drainage Class: Well drained Hydric Status:Not hydric Corrosion Potential-Uncoated Steel: Low Depth to Bedrock Min: a 0 inches Depth to Watertable Min: >0 inches Soil Layer Information Boundary Classification Saturated hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro msec (pH) 1 0 inches 3 inches peat A-8 Not reported Max:0.42 Max: Min: Min:0.02 2 3 inches 14 inches bedrock A-8 Not reported Max:0.42 Max: Min: Min:0.02 Soil Map ID:2 Soil Component Name: Waiaha Soil Surface Texture: extremely stony silt loam Hydrologic Croup: Class D-Very slow infiltration rates. Soils are clayey,have a high water table, or are shallow to an impervious layer. Sail Drainage Class: Well drained TC3486746.2s Page A-6 GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY Hydric Status: Not hydric Corrosion Potential -Uncoated Steel: Moderate Depth to Bedrock Min: >46 inches Depth to Watertable Min: >0 inches Soil Layer Information Boundary Classification Saturated hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil conductivity Soil Reaction micro m/sec (pH) t 0 inches 3 inches extremely stony Sill-Clay Not reported Max:0.42 Max: Min: Silt loam Materials(more Marr 0.02 than 35 pct. passing No. 200),Clayey Soils, 2 3 inches 18 inches very stony silt Silt-Clay Not reported Max:0.42 Max: Min: loam Materials(more Min:0.02 than 35 pct. passing No. 200),Clayey Soils. 3 18 inches 27 inches bedrock Silt-Clay Not reported Max:0.42 Max: Min: Materials(more Min:0.02 than 35 pct. passing No. � 200),Clayey Soils. LOCAL 1 REGIONAL WATER AGENCY RECORDS EDR Local/Regional Water Agency records provide water well information to assist the environmental professional in assessing sources that may impact ground water flow direction,and in forming an opinion about the impact of contaminant migration on nearby drinking water wells. WELL SEARCH DISTANCE INFORMATION DATABASE SEARCH DISTANCE(miles) Federal USGS 1.000 Federal FRDS PWS Nearest PWS within 1 mile State Database 1.000 FEDERAL USGS WELL INFORMATION LOCATION MAP ID WELL ID FROM TP TC3486746.2s Page A-7 GEOCHECICV - PHYSICAL SETTING SOURCE SUMMARY FEDERAL USGS WELL INFORMATION LOCATION MAP 10 WELL ID FROM TP No Wells Found FEDERAL FRDS PUBLIC WATER SUPPLY SYSTEM INFORMATION LOCATION MAP ID WELL ID FROM TP No PWS System Found Note:PWS System location is not always the same as well location. STATE DATABASE WELL INFORMATION LOCATION MAP ID WELL ID FROM TP 1 H17000000000434 112- 1 Mile WNW 2 H17000000000423 1/2- 1 Mile SSW 3 H17000000000431 1/2-1 Mile East TC34$8746.2s Page A-8 PHYSICAL —TTING SOURCE MAP - 34- 146.2s i x u I s _ r County Boundary 0 111 112 1 Mlles Major Roads Contour Lines } Groundwater Flow Direction Earthquake epicenter,Richter 5 or greater Indeterminate Groundwater Flow at Location © Water Wells Groundwater Flow Varies at Location Public Water Supply Wells • Cluster of Multiple Icons SITE NAME: Kona Proposed Skilled Nursing Facility CLIENT: HWA GeoSciences,Inc. ADDRESS: Lot 3 Waiaha 1st Puapuaanul 1st CONTACT: Vance Atkins Kailua Kona HI 96740 INQUIRY#: W6746.2s LAT/LONG: 19.6257/155.9802 DATE: January 03,2013 2:19 pm Copyright f�,2043 96R.Inc-•.a 2010 Talo Atlas Ral.0712009. GEOCHECKS- PHYSICAL. SETTING SOURCE MAP FINDINGS Map Ill Direction Distance Elevation Database EDR ID Number 1 WNW HI WELLS H17000000000434 1/2-1 Mite Lower Wid: 8.3859-001 Island: 8 Well no: 3859-01 Well name: McCaskill Old name: Not Reported Yr drilled: 1942 Driller. FUNAI CONSTR Quad map: 07 Longitude2: 1555927 Latitude27: 193801 Longitude8: 1555917 Latitude83: 193750 LongB3dd: -155.98806 Lat83dd: 19.63056 Gps: 0 Utm: 1 Owner user: McCaskill J Old number: Not Reported Well type: Not Reported Casing dia: Not Reported Ground el: 43 Well depth: Not Reported Solid case- Not Reported Pert case: Not Reported Use: UNU-Unused Use year: 89 Init water: Not Reported Init head: 0 Init chlor: Not Reported Init cl: 0 Test date: 04109/2001 Test gpm: Not Reported Test ddown: Not Reported Test chlor: Not Reported r Test temp: Not Reported Temp unit: Not Reported I\ Pump gpm: 0 Draft mgy: Not Reported Head feet: Not Reported Max chlor: Not Reported Min chlor: Not Reported Geology: Not Reported Pump yr: Not Reported Draft yr: Not Reported Head yr: Not Reported Maxchl: 01/01/1972 Maxchl yr. Not Reported Minch: 01/01/1973 Minchl yr: Not Reported Bot hole: Not Reported Bot solid: Not Reported Bot perf: Not Reported Spec capac: Not Reported Pump mgd: Not Reported Draft mgd: Not Reported Aquifer: Not Reported Tmk 7-5-018:019 Old aqui: Not Reported Aqui code: 80901 Latest hd- 0 Cur head: Not Reported Cur cl: Not Reported Cur temp: Not Reported Wcr: 05/22/2001 Pir. 01/19/2006 Surveyor Not Reported T 0 Pump eiev: Not Reported Pump depth: Not Reported Site id: H17000000000434 2 SSW HI WELLS H17000000000423 1/2-1 Mile Lower TC3486746.2s Page A-10 GEGCHECKC- PHYSICAL SETTING SOURCE MAP FINDINGS i Wed: 8-3759.001 Island: 8 Well no: 3759-01 Well name: Kaneyoshi Irr Old name: Not Reported Yr drilled: 1999 Driller: WAI ELI DRLG Quad map: 08 Longilude2: 1555911 Latitude27: 193712 Longitude8: 1555901 Latitude83: 193701 Long83dd: -155.98361 Lat83dd: 19.61694 Gps: 0 Utm. 1 Owner user: Kaneyoshi Co Ltd Old number. Not Reported Well type: ROT Casing dia: 5 Ground el: 37 Well depth: 47 Solid case: 37 Perf case: 47 Use: IRR-Irrigation(non-domestic,non-agriculture) Use year: 99 Init water: Not Reported Init head: .8 Init chlor: Not Reported Init cl: 5000 Test date: 04/22/1949 Test gpm: Not Reported Test ddown: Not Reported Test chlor: Not Reported Test temp: Not Reported Temp unit: Not Reported Pumpgpm: 75 Draft mgy: Not Reported Head feet: Not Reported Max chlor: Not Reported Min chlor: Not Reported Geology: Not Reported Pump yr: 99 Draft yr: Not Reported Head yr: Not Reported Maxchl- 01/01/1962 Maxchl yr: Not Reported MinchL 01/01/1958 Minchi yr. Not Reported Bat hole, -10 Bot solid. ❑ Bal perf• -10 Spec capac: Not Reported Pump mgd: .108 Draft mgd: Not Reported Aquifer: Not Reported Tmlk 7-5-020.024 Old aqui: Not Reported Aqui code: 80901 Latest hd: 0 Our head: Not Reported Our cl: Not Reported Cur temp: Not Reported Wcr: 01/01/1944 Pit: 09/02/2011 Surveyor: C T YAMASAKI T: 0 Pump elev: -1 Pump depth: 38 Site id, H17000000000423 3 East HI WELLS H17000000000431 112-1 Mile Higher Wid: 8-3758-001 Island: 8 Well no: 3758-01 Well name- Kailua Kona Old name: Not Reported Yr drilled; 1944 Driller: USGS Quad map: 07 Longdude2: 1555805 Latitude27: 193750 Longitude8: 1555755 Latitude83: 193739 Long83dd. -15596528 Lat83dd: 196275 Gps; 0 Utm. 1 Owner user: Hawaii DWS Old number. 12 TC3486746 2s Page A-11 Ow C. GEOCHECK@- PHYSICAL SETTING SOURCE MAP FINDINGS '4 Well type: PER Casing dia: 6 Ground el: 595 Well depth: 615 Solid case: 539 Perf case: Not Reported Use: UNU-Unused Use year: 49 Init water: 3.3 snit head: 3.32 brit chlor: 463 Init cl: 463 Test date: 04/22/1949 Test gpm: 27 Test ddown. 1.6 Test chlor: 437 Test temp: 21.1 Temp unit: C Pump gpm: 0 Draft mgy: 311 Head feet: 2.0 Max chlor: 600 Min chlor: 408 Geology: OHL Pump yr: Not Reported Draft yr: 70 Head yr: 58 Maxchl: 01/01/1962 Maxchl yr: 62 Minchl: 01/01/1958 Minchl yr: 62 Bot hole: -20 Bat solid: 56 Bat pert: Not Reported Spec capac- 17 Pump mgd: Not Reported Draft mgd: 0.9 Aquifer: 80901 Tmk: 7-5-017:01 1 Old aqui: Not Reported Aqui code 80901 Latest hd: 2 Cur head: Not Reported Cur cl. Not Reported Cur temp: Not Reported Wcr: 01/01/1944 Pir: 09/02/2011 Surveyor: Not Reported I T: 0 Pump elev. Not Reported Pump depth: Not Reported Site id: HI7000000000431 is rP 'r I) l I, TC3486746.2a Page A-12 i GEOCHECK(I'-1 - PHYSICAL SETTING SOURCE MAP FINDINGS RADON AREA RADON INFORMATION Federal EPA Radon Zone for HAWAII County: 3 Nate:Zone 1 indoor average level>4 pCi1L. Zone 2 indoor average level x 2 pCi/L and r--4 pCi/L, Zone 3 indoor average level<2 pCi/L Federal Area Radon Information for Zip Code: 96740 Number of sites tested-9 Area Average Activity %¢4 pCi/L %4-20 pCi/L %X20 pCi1L Living Area-1 st Floor -0.156 pCi/L 100% 0% 0% Living Area-2nd Floor Not Reported Not Reported Not Reported Not Reported Basement -0.750 pCi/L 100% 0% 0% TC3486746.2s Page A-13 PHYSICAL SETTING SOURCE RECORDS SEARCHED TOPOGRAPHIC INFORMATION USES 7.5'Digital Elevation Model(DEM) Source:United States Geologic Survey EDR acquired the USGS 7.5'Digital Elevation Model in 2002 and updated it in 2006.The 7.5 minute DEM corresponds to the USGS 1:24,000-and 1:25,000-scale topographic quadrangle maps.The DEM provides elevation data with consistent elevation units and projection. Scanned Digital USGS 7.5'Topographic Map(DRG) Source:United States Geologic Survey A digital raster graphic(DRG)is a scanned image of a U.S.Geological Survey topographic map.The map images are made by scanning published paper maps on high-resolution scanners.The raster image is georeferenced and fit to the Universal Transverse Mercator(UTM)projection. HYDROLOGIC INFORMATION Flood Zone Data: This data,available in select counties across the country,was obtained by EDR in 2003&2011 from the Federal Emergency Management Agency(FEMA). Data depicts 100-year and 500-year flood zones qs defined by FEMA. NWI: National Wetlands Inventory. This data,available in select counties across the country,was obtained by EDR in 2002 and 2005 from the U.S.Fish and Wildlife Service. HYDROGEOL{OGIC INFORMATION AQUIFLOWR Information System Source: EDR proprietary database of groundwater flow information EDR has developed the AQUIFLOW Information System(AIS)to provide data on the general direction of groundwater flow at specific points.EDR has reviewed reports submitted to regulatory authorities at select sites and has extracted the date of the report,hydrogeologically determined groundwater flow direction and depth to water table information. GEOLOGIC INFORMATION Geologic Age and Rock Stratigraphic Unit Source:P.G.Schruben,R.E.Arndt and W.J.Bawiec,Geology of the Conterminous U.S.at 1:2,500,000 Scale-A digital representation of the 1974 P.B.King and H.M.Beikman Map,USGS Digital Data Series DDS-11 (1994). STATSGO: State Soil Geographic Database Source: Department of Agriculture,Natural Resources Conservation Services The U.S.Department of Agriculture's(USDA)Natural Resources Conservation Service(MRCS)leads the national Conservation Soil Survey(NOSS)and is responsible for collecting,storing,maintaining and distributing soil survey information for privately owned lands in the United States.A soil map in a soil survey is a representation of soil patterns in a landscape.Soil maps for STATSGO are compiled by generalizing more detailed(SSURGO) soil survey maps. SSURGO:Soil Survey Geographic Database Source: Department of Agriculture,Natural Resources Conservation Services(NRCS) Telephone: 800-672-5559 SSURGO Is the most detailed level of mapping done by the Natural Resources Conservation Services,mapping scales generally range from 1:12,000 to 1:63,350.Field mapping methods using national standards are used to construct the soil maps in the Soil Survey Geographic(SSURGO)database.SSURGO digitizing duplicates the original soil survey maps.This level of mapping is designed for use by landowners,townships and county natural resource planning and management. TC3486746.2s Page A-14 PHYSICAL SETTING SOURCE RECORDS SEARCHED LOCAL/REGIONAL WATER AGENCY RECORDS FEDERAL WATER WELLS PWS: Public Water Systems Source: EPA/Office of Drinking Water Telephone: 202-564.3750 Public Water System data from the Federal Reporting Data System. A PWS is any water system which provides water to at least 25 people for at least 60 days annually. PWSs provide water from wells,rivers and other sources.. PWS ENF: Public Water Systems Violation and Enforcement Data Source: EPA/Office of Drinking Water Telephone: 202.564-3750 Violation and Enforcement data for Public Water Systems from the Safe Drinking Water Information System(SDWIS)after August 1995. Prior to August 1995,the data came from the Federal Reporting Data System(FRDS), USGS Water Wells: USGS National Water Inventory System(NWIS) This database contains descriptive information on sites where the USGS collects or has collected data on surface water and/or groundwater.The groundwater data includes information on wells,springs,and other sources of groundwater. STATE RECORDS Well Index Database Source:Commission on Water Resource Management Telephone: 808-587-0214 CWRM maintains a Well Index Database to track specific information pertaining to the construction and installation of production wells in Hawaii OTHER STATE DATABASE INFORMATION RADON 0 Area Radon Information Source:USGS Telephone: 703-356.4020 The National Radon Database has been developed by the U.S.Environmental Protection Agency (USEPA)and is a compilation of the EPA/State Residential Radon Survey and the National Residential Radon Survey. The study covers the years 1986-1992.Where necessary data has been supplemented by information collected at private sources such as universities and research institutions. EPA Radon Zones Source: EPA Telephone: 703-356-4020 Sections 307&309 of IRAA directed EPA to list and identify areas of U.S.with the potential for elevated indoor radon levels. OTHER Airport Landing Facilities. Private and public use landing facilities Source: Federal Aviation Administration,800.457.6656 Epicenters: World earthquake epicenters,Richter 5 or greater Source: Department of Commerce,National Oceanic and Atmospheric Administration T03486746.2s Page A-15 PHYSICAL SETTING SOURCE RECORDS SEARCHED STREET AND ADDRESS INFORMATION ©2010 Tele Atlas North America,Inc.All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights awned by or licensed to Tele Atlas North America,Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material. TC3466746.2s Page A-16 APPENDIX G PHOTOGRAPHIC LOG r • 1 / - r rr / A 61 K.Ol/- /0,010 - f tiz 4 f f .y � t r� Al January 17, 2013 HWA Project 2013-001-22 �i Typical site interior with vegetation Rock wall near north property boundary Culvert and swale, southwest property corner Residences to north of subject property - s Pole-mounted transformer near NW property corner Retail development north of subject property Appendix 0-Photos G-2 HWA GEOSCIENCES INC. I ( 4 January 17, 2013 p HWA Project 2013-001-22 Timeshare property NW of subject property Kuakini Highway south of subject property View SW of subject property toward ocean State Hwy 11 (Hawaii Belt Road),east of subject property Appendix G-Photos G-3 HW A GEoSCIENCES INC. EXHIBIT 22 Construction Timetable (to be determined) EXHIBIT 23 Justification of Market Demand c m CQ N C7 �7 W N J d � m 0 4-0 o 04 a � � C � a_ U m CL a = OL o � LL ca C-11 . cc � a � o U) = uopeindod EU CD < 5 _� Q +' V a � W C U N CL + d C 0 O � 1'Y L7 d '!� V i u0 0 t� fl ) as �' [7 c Q. (DQ V [Y �ti 2 cc cn �+ I� a CU T Fa Lo ..... 0 .� C7 N 4M e 4 E ' c 2 a 'an U < Q � c •L Q@ LD C� N t1 O CSV (D � � C L � Q. m 2 i? bra C ❑ 0) zu ' 0 } L C m Fl � Q1 0 En {A w u Q 0 p a + > U �' N ui + N L IIy 0 QJ r _ c C u L u +� T Ln O U Q co V1 N? L�1 Z3 a to C C u Ln 0 L 4cn V (D u to E_ �_ co C u E v Z6 OE E LL .- o EXHIBIT 24 (Not Applicable) EXHIBIT 25 (Not Applicable) EXHIBIT 26 Plans f" a �lt { g gg9 CD t� 1' ,� �a• � �e t �S r { 3 ! 3 3� E . o ! �Z. a {. g& rggeg, ! l.4tf�a3 7r $a Ila y a n gp F �gsg�pp� €Yll ce a UCLE� N a f � v^4 w F� - ® � 138 F � 4 � 4 8 � � � f � � Y 7 � 9�e • � �{ {� p � p3 Z }� 1 �'� i��:�� t N t 4 � O •y � [��� M� ��r C C d ���� 1 � ; � giftUff If M� . .. . ,. . � s � 3x.3.14���3 4�•raa �3�s»:�. {3 ..Y3Y4i{i6�E{■c4f3 ..43rexsta■l Yr aaY }i iEEy _�■Y` Yea VY{66{{■xf .[$f Alta ..W§A1L 1i.i9f{ A .fa h3 3 #p f ■ l9F9PesF■.a .S'J43aa�f1 ,sY� ��e{ex4� 4 o.,,9Eat .ir .!8 ,SS7�: .{�!!4$@Ela�l{!!�! ..3[434E od�t9eBRI{a .{!1'Q�E�s[�[it�Qaact4�lE W a ,.try9a39s{i��IY► �iE .Itlh a m ll! lf .Eea§Ee6�$�eae�9k6a9���$�A36acA��c ..A$3Eaa38Eraalae�..;esac�3�iEa�a.�Sas .ar{� [eKQec�9� I,R M ]} 8 �o I¢ a.e s 1 1101 Ili' !T. e ,x3 , v i� E � g t, a r� a" y /1- _• •RC1 h� � ti'^�" -•=sti 1( � -�� Ar �}} tib x�Sti1 t N IL ray" r�'�, / � r•LW�' Y. _"`-_t} f•_�JS^�. -. ``•i'=r. �•.•'�. V•� fix' F_"�_�_ _�__ -�. �_ t ti✓ 7 � �- ti •Sjj �� �'f"�^. Jul .J��.._� 4 1 i ti Li F LU / 1 1 t �\ r -.—t ------------.----•------- :-- r+ + � r + � J � r r '+ I i '•I' LLJ r f ! I + a a • } . + A LL-¢ + + vel + ka .l4 • ) r I l + i I T� Y OL'6" M.MDZQ.55 N I' AWHO!W INIYVnN t , x f � �! 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El 41A a-- - --- I I I , I se ; 4 � 1 , ° L.._—_..J I� • �mLn iQ 0 dr � c pr S: ��� � \ _ ���_ _ L� - - .0� � � � � - -- Q-- - - t t � � r � � � � �� � � � - �_ � � ___ Y ..��. .. — O — ..wa :a a. �. �2� v#S{ .' �. r. ew �]I w d� �� �� o� i JMY Law Group LLLC, Main: 808-529-1040 A Limited Liability Law Company Fax: 808-376-4919 737 Bishop Street, Suite 2800 Pacific Guardian Center,Mauka Tower www.jmylawgroup.corrl i Honolulu,Hawaii 96813 , h&' 7 ` fl 'f 1\fY LAW iikUL'P LL1.c' Writer's Direct Contact: (808)376-4925 adavidson@Imylowgroup.com March 11, 2019 'uf rs CERTIFIED MAIL RETRUN RECEIPT REQUESTED Ms. Anne Dailey 'i County of Hawaii Office of Housing and Community Development 74-5444 Ane Keohokalole Highway, Bldg B, 211 Floor Kailua-Kona, Hawaii 96740 s!. Re Kuakini Senior Living Community Consultation x Dear Ms. Dailey, Our firm represents Kuakini Highway 75-6099 Corp. ("K T), a California corporation, as 4Yw the owner and developer of the°`Kuakini. Senior Living" affordable rental senior housing and t" care campus the "Pr o ecf' to be developed in Kona on Tax Ma Ke No. 3 7-5-017-045. KH ii P ( .1 ) P P Y � ) has submitted a proposed Resolution amending existing Resolution No. 281-14 requesting additional exemptions for the Project. �I n As part of the review process, Mr. Alan Rudo(who we understand is no longer at your 1= office)requested that a community consultation meeting be held. The KH project team held a `= community meeting on January 24, 2419 to share details about the Project and answer questions Ij from community members. Enclosed please find a Summary Report prepared by Peters Communications which summarizes the meeting notification process, attendance, presentation. lyand community feedback. KH is eager to proceed with the Project. If you have any questions or would like any additional information,please feel free to contact Mr. Ed Dong,Project consultant at 310-909-9661; I: ed@covewestholdings.com, or the undersigned at 808-376-4925; adavidson@jmylawgroup.com. I' Thank you Very truly yours, JMY LAW GROUP LLLC,A LIMITED LIABILITY LAW COMPANY Alison M. Davidson s Enclosure L r s I r : PETERS COMMUNICATIONS Kuakini Senior Living COMMUNITY CONSULTATION SUMMARY REPORT Prepared For. Kuakini Highway 75-6099 Corp. February 26, 2019 On Thursday, January 24, 2019, the project team for Kuakini Senior Living conducted a community meeting to share details about the project and answer questions from area residents and business owners. Community Outreach • Meeting Notification-A community meeting notice was sent via certified mail to area residents and businesses on Friday, January 11, 2019, 10 days prior to the meeting date(attached as Appendix "A"). • Certified Mail Distribution --The community meeting notice was sent to 131 households and 48 businesses located within 300 feet of the project site. In addition, an invitation was also sent to area council member Rebecca Villegas. • Meeting Attendance- 10 members of the community attended the meeting at King Kamehameha's Kona Beach Hotel. Council member Villegas had indicated she would attend but fell ill and was unable to make it to the meeting. • Presentation-The Kuakini Senior Living project team provided a PowerPoint presentation to attendees (attached as Appendix "B"). Following the presentation, the project team fielded questions from attendees and provided answers. • Community Feedback/Questions-Overall, attendees were supportive of the project and understood the need to provide senior assisted living and skilled nursing services to the island's underserved elderly population. At the same time, attendees wanted to understand the potential impacts from the project. The most common concerns were traffic and storm water runoff. A summary of questions along with responses has been prepared (attached as "Appendix "C"). 808.421.9879 1 chane@peters-comm.com 1 PETERS COMMUNICATIONS Conclusion The Kuakini Senior Living project team is deeply committed to engaging the community as it proceeds through the entitlement and project approval process. We look forward to continuing to work with the County of Hawaii, area leaders as well as community members to bring this important project to fruition. If you have any questions or concerns regarding this preliminary summary and report, please don't hesitate to contact Shane Peters at shanefpeters-comm.com or(808) 421-9879. 808.421.9879 1 shane@peters-comm.com 2 PETERS COMMUNICATIONS APPENDIX A 808.421.9879 1 shane@peters-comm.com 3 AW COMMUNITY MEETING NOTICE DATE: Thursday, January 24, 2019 TIME: 5:30 — 7:00 p.m. LOCATION: King Kamehameha's Kona Beach Hotel 75-5660 Palani Road Kailua-Kona, Hawaii 96740 DESCRIPTION: Residents and businesses are invited to attend a community meeting on Thursday, January 24, 2019, 5:30—7:00 p.m. at the King Kamehameha's Kona Beach Hotel to learn about a proposed affordable senior assisted living/memory care and skilled nursing facility in the area with accommodations for approximately 256 residents. The proposed project will be ionated on a 14-acre parcel on Kuakini Highway,just south of Oni Oni Street. Project principals will be on hand to present details about the proposal, answer questions and gather feedback from members of the community. Project Location Tax Map Key: (3) 7-5-017-005 (street address not yet assigned) i a .a Attendees are encouraged to RSVP to Shane Peters at shrine@,peters-comm.com or (808)421-9879. PETERS COMMUNICATIONS ►WIPPENDIX B 808.421.9879 1 shane@peters-comm.com 4 � A air„' � � !I � ` p^� '� ��•.� �a� r ° a '� •I+�. of ! 'Fi1 �v� � Sw" �y ^ Y 4 wwn�r ��� � „` k.. � ' I� 0. m ¢ E T3 c Qty � , a v 4-6 C7 � CD E y � c � Q ❑ ul Q) V rn �L V1 p L u r Q Q U) L Z� Q 0 U) 0 4--+ ® • (D _ LL � ❑ a. �- Q ® p C CU _0 Nef oo Lu � � a � C3 CL ZZ h U 0) fto ac U (D Q. 0 V) i. — CL OL J J � o-• O as Q � L � U CL r L LL C{i � VJ _ "oijcpdo,, ' L +-j LI) W L cu L1 = Q co v cu u "� T-j 0 Q Q Q Q +- j U Q Q U -�-+ Q� .�.. o 0 W u T < U = OC iti! Z cin 7, CL W Lo :3 C) U) rq CY) cm 04 C) c C: C) (TJ 0 + E < N < C) U) CU 04 �L 0 tU W 73 a.) 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A1flWidHll�Mtll -7 �.} ❑ ° ..G C51 fll V L Ln i7J Ln Ln ro �✓ L r� zs v U ° Q v 0- ° u A A A A A A A = ° Q. ._ UL < Q u LL Q Ul to m Ev PETERS COMMUNICATIONS APPENDIX C 848.421.9879 1 chane@peters-comm.com 5 Kuakini Senior Living Jan 24, 2019 Community Meeting Notes King Kamehameha Hotel Comments and questions are organized by subject area below. Traffic: • The intersection at Oni Oni Street and Kuakini Highway is very congested. • Cars travel at a high rate of speed on Kuakini Highway. • What are your plans for traffic improvements in front of your property? • How will drivers get in and out of the project? • Would you agree to construct a "roundabout"? • I'm worried about pedestrians who are walking in and out of your property. There's no sidewalk on Kuakini Highway. Response:. The Kuakini Senior Living team recognizes the important issue of traffic and safety. Although the project is currently in its conceptual stages, we are deeply committed to working with the County of Hawaii as we proceed through the process to address this important issue. There are planned improvements to Kuakini Highway proposed by the County of Hawai'i Department of Public Works ("DPW")and the Federal Highway Administration ("FHWA") but we recognize site-specific traffic improvements may also be required. Find more about the DPW and FHWA planned Kuakini Highway improvements here: http:Iloegc2.doh.hawaii gov/EA_EI$Library/`20,13-03-23-HA-DEA-Kuakini Highway- Improvements-Phase-2-pdf Building,size and massing: • How close will buildings be to the homes along Oni Oni Street? • How tall will the structures be? • What is the topography on the site? Is it higher near Onioni Street? Response: The project is still in its conceptual stage and the design and site plan may be refined as we continue through the process, however, the project will comply with all applicable setback requirements and building height restrictions. Currently, the building structure is envisioned to be four stories. Under the current conceptual site plan, the buildings will be roughly 200'-300' feet from the nearest property lines for homes on Oni Oni Street. Furthermore, there is also a planned "Future Ali'i Highway" envisioned to run through the parcel (Tax Map Key No. (3) 7-5-017-038) between the Kuakini Senior Living project and the homes at Oni Oni Street, creating a buffer. P f, `3 Find more about the planned "Future Alii Highway" and other Kuakini Highway improvements here: http://oegc2_dosh ha waii.govfEA__EIS Library12013-03-23-HA-DEA-Kuakini-Highway- Inip rove ments-Phae-2.Of Flooding and drainage: • This area is prone to flooding and when it rains, can sheet down to Kuakini Hwy. • What flood mitigation measures will be in place on the site? Response: Kuakini Senior living is very mindful of this issue. We will be working with the County of Hawaii to develop plans to address storm water run off during construction and for the project once completed. This effort will be addressed through required NPDES permits. Services: • l work with the adult homeless drug addicted population in the area. I recognize that you have not yet selected an operator for the facility. I am very supportive of this project and hope we might consider very low to no-income patients for the project. There's a tremendous need. Response: As you note, we are still in the preliminary stages of the project and an operator for Kuakini Senior Living has not yet been selected. However, we appreciate the support for the project and recognize the need for services even for low or no-income individuals. We will keep the community updated as we proceed and welcome ongoing discussions on ways our project can help those in need. Project Support: • I support the project and want to help. What can I do? Response: Mahalo for your support. We are still in the early stages but may soon go through a public approval process. At that time, we will send a notice and hope that you and others in attendance at today's meeting wilt express your support for this important and worthwhile project to serve seniors in West Hawaii. ATTACHMENT 2. COH Department Responses on the 201 H Application for Kuakini Highway 75-6099 Corporation, Exemption Request, for the "Kuakini Assisted Living" project, located on TMK No.:(3)- 7-5-017:005 Harry Kim 11 1!M Duane"osaka Alct1'or !lousing Adminislralor Roy Takemoto •;� • Managing DirectorAlisa A.Harselman ,assistant Housing a Adnistratur Barbara J.Kossow Deputy Managing Director County of Hawaii Office of Housing and Community Development 1990 Kino'ole Smet,Suite 102 • Hilo,I lawai'i 96720 (808)961-8379 • Fax(808)961-8685 I'xisting I lousing:(808)959-4642 Fax(808)959-9308 Kona: (808)323-4300 • Fax(808)323-4301 February 12, 2020 **RESPONSE REQUESTED** MEMORANDUM TO: ✓DOE DWS ✓DOH Kona Finance DOT State Highways Fire Civil Defense Parks & Rec Corporation Counsel +/Planning DEM ./Police DPW Mass Transit ,/Mayor FROM: Duane Hosaka Housing Administrator SUBJECT: Kuakini Highway 75-6099 Corp. Exemption Request, Senior Living in Kailua-Kona, Hawaii TMK(3) 7-5-017:005 ****************************************************************************** The enclosed request for exemptions subject to 201H-38 Hawaii Revised Statutes is being re- submitted for your review for Kuakini Highway 75-6099 Corp. on TMK (3) 7-5-017:005. Please return your comments no later than February 26,2020. §201H-38 HRS allows eligible developers to request that the affordable housing projects be exempt from all statutes, ordinances, charter provisions, and rules of any government agency relating to planning, zoning„ construction standards for subdivisions, development and improvement of land, and the construction of dwelling units thereon; provided that: (1) OHCD finds the housing project is consistent with the purpose and intent of this chapter, and meets minimum requirements of health and safety; 8221 drhe = EQUAL HOUSING OPPORTUNITY February 12, 2020 Page 2 (2) The development of the proposed housing project does not contravene any safety standards, tariffs, or rates and fees approved by the public utilities commission for public utilities or of the various boards of water supply authorized under chapter 54; (3) The legislative body of the county in which the housing project is to be situated shall have approved the project with or without modifications: Should you have any questions, please do not hesitate to contact Duane Hosaka at 961-8379. Thank you. Enclosure cc: Malia Hall, Deputy Corporation Counsel (without enclosures) 44 OI N, DAVID Y IGE +4' 3; ' OR.CHRISTINA M,KISrHIMOTC .:rY0.1NG4 I SUAERulTE�lpgtif i STATE OF HAWAII 7117!1 FES 26 P'f 1= 2 l DEPARTMENT OF EDUCATION P 0 BOX 2?EC, HONOLULU HAWAI 196844 OFFICE OF FACILITIES AND OPERATIONS February 21, 2020 Duane Hosaka, Housing Administrator County of Hawaii Office of Housing and Community Development 1990 Kinooie Street, Suite 102 Hilo, Hawaii 96720 Re: Kuakini Senior Facility Affordable Housing Project Kailua, Kona, Hawaii TMK: 7-5-017.005 Dear Mr. Hosaka: The Hawaii State Department of Education (HIDOE) has the following comments on the application for the Kona Senior Facility by Kuakini Highway 75-6099 Corp (Project). The proposed Project will utilize Section 201 H-38, Hawaii Revised Statutes, to develop multi-family affordable and market rate units on approximately 14 acres of land located at Kailua, Kona, Hawaii TMK: 7-5-017 005 Phase I will be an assisted living/memory care facility, while phase 11 will be a skilled nursing facility. Phase III with be employee housing comprised of 35 multi-family units. The application does not indicate whether families with children will be allowed to live in the employee housing. The HIDOE schools currently serving the Project are Kahakai Elementary, Konawaena Middle, and Konawaena High. All schools are currently over capacity and are expected to remain over capacity over the next five years. The proposed Project is located in the West Hawaii School Impact Fee District, however, we are currently not collecting impact fees. Thank you for the opportunity to comment. Should you have questions, please contact Robyn Loudermilk, Acting Land Use Planner, Facilities Development Branch, Planning Section. at (808) 784-5093 or via email at robyn.loudermilk@k12.hi.us, Respectfull Kennet G. Masden II Public Works Manager Planning Section KGM.rII c: Art Souza, Complex Area Superintendent. Honokaa/Kelakehe/Kohala/Konawaena Complex Area AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER DAVID Y.IGEt „� BRUCE S.ANDERSON PhD. GGJFRNOROs.IAV_ 01HF.CTuP G;m HEALTH 1%-00i, STATE OF HAWAII DEPARTMENT OF HEALTH P 4 BOX 916 HIL(:) HAWAII96721.G915 NI L-Al ORAN DU N-1 r Ln DATE: N-larch 7, 2020 TO: Mr. Duane I-losaka N V Housim, .Administrator, County of I lawaii FROM: Eric Honda District Fnvironmemal I{ealth Program Chief SUBJECT: Kuakini I IIghttay 75-6091) Corp. Fxemption Request, Senior I,it ing In Kailua-Kona. Hawaii I MK 7-5-017:005 The Health Department Iound no concern~ with the I:\enlption Request. Harry Kim William A.Kucharski Mayor Director Roy Takemoto Diane A.Voda Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao'a Street,Suite 41•Hilo,Hawai'i 96720 Ph:(808)961-8083• Fax:(808)961-8086 Email: cohdem@hawaiicounty.gov MEMORANDUM TO: Duane Hosaka Housing Administrator FROM: William Kucharski Director, DEM i C>1 .j DATE: February 24, 2020 9 SUBJECT: Applicant, Kuakini Highway 75-6099 Corp. ry (Request for Exemptions Subject to 201H-38 HRS) Project: Kuakini Senior Living Tax Map Key: (3) 7-5-017:005 Pursuant to your February 12, 2020, memo seeking comments on the above Applicant's request for exemptions,the Solid Waste Division and Wastewater Division of the Department of Environmental Management have reviewed the request for exemption and have no comments. Thank you. YWK:rnef County of Hawal'l is an Equal Opportunity Provider and Employer pf KArri t n u DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAD`A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808)961-8050 • FAX (80B)961-8657 March 13, 2020 c D3 71 TO: Mr. Duane Hosaka, Housing Administrator r'" Office of Housing and Community Development t °` FROM: Keith K.Okamoto, Manager-Chief Engineer SUBJECT: Exemption Request .p Applicant—Kuakini Highway 75-6099 Corp. Senior Living in Kailua-Kona, Hawaii Tax Map Key 7-5-017:005 Please be informed the Water Commitment for the subject parcel expired on lune 30,2019. The applicant should note that the existing 8-inch water line along Kuakini Highway is inadequate to provide pressure for the subject parcel. We have no additional comments to offer the additional exemption requested as these are not related to water service. We request that the applicant provide assurance that the fixtures specified in the water demand calculations are installed with the development of this project. Should there be any question,,,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, l� Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy -- Kuakini Highway 75-6099 Corp. . . . Water, OurWost Precious TSsource. . . 7CA 'Wai.A 'lane. . . The Uepartrnent of Water Supply Is an Equal Opportunity provider and employer 0,'PAT GA o"fi ^tom DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII • a,Q„v,��r4S 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE(808)961-8050 • FAX(808)961-8657 May 18,2020 Ms.Alison Davidson JMY Law Group LLLC —70J 737 Bishop Street, Suite 2800 Pacific Guardian Center,Mauka Tower "I �c Honolulu, HI 96813 .o Dear Ms. Davidson: - Subject: Water Commitment Deposit for p -State Land Use Boundary Amendment Application(SLU 05-004) Change of Zone Application (REZ 05-013) Kona Assisted Living Tax Map Key 7-5-017:005 This is to acknowledge receipt of the required$7,200.00 water commitment deposit for the subject application. We are enclosing Receipt No.4459183 for your files. We are also returning Check No. 109344516. Pursuant to Rule 5 of the Department's Rules and Regulations,a water commitment for the proposed development in the amount of 19,200 gallons per day,or 48 additional units of water at an average of 400 gallons per day,per unit, is hereby granted until June 30,2020,with the following conditions: 1. Construct necessary water system improvements,which shall include,but not be limited to,off-site improvements,the installation of a service lateral that will accommodate the appropriately-sized meter for domestic water use and fire protection. 2. Submit construction plans prepared by a professional engineer, licensed in the State of Hawaii, for review and approval. 3. Remit the prevailing facilities charge balance,which is subject to change,as shown below- FACILITIES CHARGE(FC): One(1)existing service 48 additional units Q$5,500.00/unit $264,000,00, Total FC $264,000.00 WATER COMMITMENT DEPOSIT CREDIT(WCD): 50 additional units @$150.00/unit $( 7,500.00) 48 additional 1 01 ni i i I time $09-200.00) Facilities Charge Balance $177,300.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final approval being granted. . . . Water, Our9Vost alrecious 9Zfsource. . . 7(4 WaiA One. . . The Depen rant of water Supply is an Equal owonunky pmvEdar and empkw. Ms.Alison Davidson Page 2 May 18,2020 For your information,water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed,these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge,no refunds are applicable. d. Submit the appropriate documents, properly prepared and executed,to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However,prior to water meter services being granted to the development, or any lots within,the conveyance documents shall be accepted by the Water Board. 5. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment deposit,at which time water availability will be subject to change in accordance with prevailing water system conditions, policies, and Rules and Regulations. Lastly,this is to confirm that the comments in our memorandum to the Office of Housing and Community Development,dated March 13,2020,have been addressed. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, a Keith K.Okamoto,P.E. Manager-Chief Engineer RQ:dfg Encs. copy— Planning Department Office of Housing and Community Development Mr. Ed Dong, Kuakini Highway 75-6099 Corp. Command, Robert From: Darrow,Jeff Sent: Wednesday, March 04, 2020 144 PM To: Command, Robert Subject: Comments for Kuakini Highway 75-6099 Corp Exemption Request Aloha Bobby, We apologize for the delay in responding. After review of the requested additional exemptions, the Planning Department agrees with the exemption requests and has no further comments. Thanx, Jeff Jeffrey W. Darrow, Planning Program Manager County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, H196710 808-961-8158 rIV Of 1, Ilam hire �`� Paul K. Ferreira ',rO` "��• Kenneth Bugado.l r. lhpuh !'rrlru (L p County of Hawai" i POLICE DEPARTMENT 141)kip,'olam Nircwt . I 11111.Ilauar i 9020-3w)8 Wig)x)15-331 1 • I•ur J808)°)h I--'-38r) March 3, 2020 i 10 r TO , HOUSING ADMINISTRATOR Uj FROM K. F R IRA, POLICE CHIEF SUBJECT KUAKINI HIGHWAY 75-6099 CORP EXEMPTION REQUEST, SENIOR LIVING IN KAILUA- KONA, HAWAI'i TMK (3) 7-5-017:005 The above referenced Exemption Request has been reviewed, and we offer no comments at this time. Should you have any questions or concerns, please contact Captain Gilbert Gaspar Jr., Commander of the Kona District, at 326-4646, extension 299. I buni i Cuunn is an I yual()ppnnunny Prue idcr and I mpinyer at4 )TAIII16 OZ), 74 f- P&K " I ro4t 1 I d� IT 7� a -.L7 ATTACHMENT 3. Proposed Exemption Resolution for Kuakini Highway 75-6099 Corporation, for the "Kuakini Assisted Living" project, located on TMK No.: (3)-7-5-017:005 COUNTY OF HAWAII •' STATE OF HAWAF1 RESOLUTION NO. AMENDING A RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 201H-38 OF THE HAWAII REVISED STATUTES, FOR WEST HAWAII SENIOR LIVING IN NORTH KONA, HAWAII, COVERED BY TAX MAP KEY (3) 7-5-017:005. WHEREAS, on March 7, 2014, the Hawai'i County Council adopted Resolution 281-14 (Draft 2) authorizing the exemption of certain code requirements, pursuant to Section 201H-38 and Section 46-15 of the Hawai'i Revised Statutes ("HRS"), for West Hawaii Senior Living in North Kona, Hawaii, covered by Tax Map Key (3) 7-5-017:005 consisting of 14 acres (the "Property"); and WHEREAS, HRS Section 201H-38 allows the County, with approval of the County Council, to exempt affordable housing projects from certain code and zoning requirements to facilitate the development of such projects; and WHEREAS, the Property was originally rezoned by Ordinance No. 281-14 for multiple-family residential use; and WHEREAS, KUAKINI HIGHWAY 75-6099 CORP., the current owner and developer of the Property ("Owner"), has changed the scope of the plans and is now developing senior housing and care campus on the Property in up to three phases consisting of: (a) an assisted living/memory care facility for about 101 residents ("AL MCF"); (b) a skilled nursing facility for about 155 residents (the "SNF"); and (c) employee housing accommodations for employees of the AL MCF and SNF to the extent sufficient water capacity is available to the Property (the "EMPLOYEE HOUSING" and, together with the ALIMCF and the SNF, collectively, the "Development"); and WHEREAS, the allocation of AL MCF and SNF rental residential accommodations and Employee Housing set forth in the immediately preceding paragraph supersedes the allocation set forth in Resolution 281-14 and the AL MCF and SNF rental residential accommodations may be adjusted by 20 percent plus or minus; provided, however, that the Development and specific accommodation mix shall at all times be subject to applicable density and zoning restrictions; and WHEREAS, no less than 50 percent of the total residential accommodations at the Development will be affordable in accordance with HRS Section 201H-38; and WHEREAS, the Development is subject to the conditions of approval for Ordinance No. 06-78 and Resolution No. 281-14, and Owner has requested that the County exempt the Development from certain additional conditions of Ordinance No. 06-78 as well as certain Hawaii County Code requirements; and WHEREAS, the Development will promote the goals contained in HRS Section 2011-1-38 and Chapter 11 of the Hawaii County Code; and WHEREAS, if, for any reason, this project is not constructed on the Property, all conditions of Ordinance No. 06-78 shall thereafter be in effect for the Property. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the additional exemptions requested for the Development, attached hereto as "Exhibit A," are hereby approved. For reference, "Exhibit B" is a comprehensive listing of all exemptions applicable to the Development including the additional exemptions approved pursuant to this resolution. BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the Planning Director and Housing Administrator of the County. BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. Dated at Hawai`i, this day of 2020. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii CHUNG DAVID hereby certify that the foregoing RESOLI.'TION was by EOFF the vote indicated to the nght hereof adopted by the COUNCIL of the KANEALI'I-KLEINFELDER County of Hawaii on KIERKIEWICZ LEE LOY ATTEST: POINDEXTER RICHARDS VILLEGAS Reference: COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. EXHIBIT"A" HRS § 2011-1-38 CURRENT EXEMPTION REQUESTS 1. Exemption from Condition C of Ordinance 06-78, construction time requirements. 2. Exemption from Condition P of Ordinance 06-78, submission of a flood study as long as no structure is built in the as long as the floodway is not disturbed. 3. Exemption from Condition V of Ordinance 06-78, park site requirement. 4. Exemption from Section 10-11, HCC, grading and grubbing permit fees, stockpiling permit fees as well as any related inspection fees. 5. Exemption from Section 25-4-51, HCC, required number of parking spaces. The standard 78 parking stalls shall be reduced to 50 parking stalls in connection with the skilled nursing facility. No exemption from parking stall requirements will be sought for the other components (assisted living/memory care facility and employee housing) of the Development. 3 EXHIBIT "B„ HRS § 201 H-38 EXEMPTIONS (COMPREHENSIVE LISTING) 1. Application fees: Chapter 5 of the Hawaii County Code Exemption from the building permit fee required under Sections 5-31 and 5-35. 2. Grubbing Permit: Chapter 10 of the HCC, Exemption from the requirement to obtain a new grubbing permit and instead, reinstate expired grubbing permit No. 091728, provided the owner developer complies with the current HRS Chapter 6E-42 prior to the commencement of grubbing work. Condition X of Ordinance No. 06-78 shall remain in full force and effect. 3. Use Permit Submission: Section 25-2-61, HCC. Applicability; use permit required. Exemption from the requirement for a use permit. The West Hawaii Senior Living project is considered a permitted use on the subject property. 4. Building Height: Sections 25-4-20 and 25-5-33, HCC: Exemption from the maximum building height limit of 45 feet in the RM district to allow a maximum building height of 48 feet. 5. Ordinance 06-78 Condition W: Exemption from the first sentence of Condition W, and replaced with the following sentence: "The applicant, its successors, and assigns shall be responsible for the cost of any sound abatement measures to reduce sound within the project." Exemption from the following language contained in Condition W: "This property was rezoned on the condition that if noise abatement measures between the Parkway and adjacent residences in this project must be taken to qualify the Parkway project for federal funding, the residential owners would be required to pay for the noise abatement," and replaced with the following sentence: "This property was rezoned on the condition that the development's property owner(s), successors, and assigns shall be responsible for the cost of any sound abatement measures to reduce sound within the project." The remainder of Condition W shall remain in full force and effect. 6. Ordinance 06-78 Condition Y: Exemption from Condition Y regarding Fair Share Contribution. 7. Ordinance 06-78 Condition Z: Exemption from Condition Z regarding a requirement to pay impact fees should the County Council adopt a Unified Impact Fees Ordinance. 8. Ordinance 06-78 Section 1: Exemption from the Multiple-Family Residential (RM-2.5) zoning district to allow the Multiple-Family Residential (RM-2) zoning district because of the additional cost of land to meet the 2,500 square feet per unit required under the RM-2.5 zoning district. 9. Kona Community Development Plan, September 2008 (KCDP), Policy LU-2.8: Exemption from concurrency requirements of Policy LU-2.8 of the KCDP and Section 25-2-46, HCC. 10. Ordinance 06-78 Condition H: Exemption from Condition H and replaced with the following Condition H: If the project is built before the portion of the Kahului to Keauhou Parkway (Parkway) is built through the subject property, the project may access Kuakini Highway at a 4 location meeting with the approval of the Department of Public Works. Any unrestricted approach to Kuakini Highway shall include dedicated left-turn and refuge-storage lanes on Kuakini Highway. Should the applicant choose to locate an unrestricted access on Kuakini Highway at the future intersection of the Parkway, the access driveway shall be built on the Parkway alignment and to specifications that can be used as a portion of the Parkway when the Parkway is built, meeting with the approval of the Department of Public Works. A secondary access shall be provided to Kuakini Highway and restricted to right-out only unless otherwise approved by the Department of Public Works. Upon completion of the Parkway, the project shall access the Parkway at location(s) and with movement restrictions meeting with the approval of the Department of Public Works and any existing approach on Kuakini Highway shall be restricted to right-out only unless otherwise approved by the Department of Public Works. The applicant shall be required to provide a Traffic Circulation Plan meeting with the Department of Public Works, showing the future proposed access to the Parkway and Kuakini Highway, including how any required movement restrictions will be implemented, with any application for Plan Approval. Access improvements shall be constructed at no cost to the County and may consist of, but not be limited to, pavement widening, drainage improvements and relocation of utilities meeting with the approval of the Department of Public Works. 11. Ordinance 06-78 Condition C: Exemption from the construction time requirements of Condition C of Ordinance No. 06-78. 12. Ordinance 06-78 Condition P: Exemption from the flood study submission requirement of Condition P of Ordinance No. 06-78. 13. Ordinance 06-78 Condition V: Exemption from park site requirement of Condition V of Ordinance No. 06-78. 14. Grading and Grubbing Permit Fees: Section 10-11, HCC: Exemption from any grading, grubbing or stockpiling permit fees as well as any related inspection fees imposed under Section 10-11, HCC. 15. Required Number of Parking Spaces: Section 25-4-51, HCC: Exemption from the standard required number of parking stalls for the skilled nursing component of the Development. 50 parking stalls rather than the standard 78 parking stalls shall be required in connection with the skilled nursing facility. No exemption for the parking stall requirement for the other components (assisted living/memory care facility and employee housing) of the Development. 5 v \ lit \\ '\`\ %'•'T't\1 � \9 'y(� '.1 '.,Ir/[/�y `'..� I�'n\ ST 11 ,1 �V � ��\ I � �'• ��`�.. � ,A�vV��,° v � ,Ise \ I I 11,J! I OK fig I \ �.� .•.-`�\ �Sri`\. \\. �-:�4 fa.=- w- ._... - x�\�r \I \\\ 1 .- ''/ ' lk�-.-�.�\'�'�. . \ ; 'A4n "�� • // Ill \ // 5 CD Sh I - Ir (iD I , \_ 1 L \ , I j gg • - i,` 1 V r I bid I I i I R a € a R 11 0 1� s o