HomeMy WebLinkAboutCOM 0311.000 2020-2022 Y°°`f!w
Harry Kim 4®y+!� � Deanna S. Sako
Mayor w �y,i; Director
_ Steven A.Hunt
Deputy Director
!�•'.MTM?: ¢��
�Tf OF•N¢+!1
County o Hawaii
Finance Department
25 Aupuni Street,Suite 2103 • Hilo,Hawaii 96720
(808)961-8234 . Fax(808)961-8569
June 25, 2021
Maile Medeiros David, Council Chair and
Members of the Hawaii County Council
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Resolution Relating to the Formation of a Community Facilities District for the
Construction of Public Sewer Improvements Located at Kaloko and Kohanaiki
On March 28, 2019, the Council adopted Resolution No. 86-19, authorizing the construction and
extension of the public sewer from a planned subdivision to the existing sewer line terminus in
Ane Keohokalole Highway. Then on March 11, 2020, the Council adopted Resolution No. 502-
20,to initiate proceedings to form an improvement district. Subsequently it was determined that
a Community Facilities District would work best for this project.
On June 24, 2021, a petition was filed by RCFC Kaloko Heights, LLC, Kaloko Heights BIA
Holdings, LLC, and Kaloko Heights Investors, LLC to form a community facilities district to
construct the sewer extension noted above. The petition has been submitted at this time to allow
for the completion of the sewer line extension in conjunction with the completion of an 80 to
100-unit affordable housing project.
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Enclosed is a resolution in accordance with Hawaii County Code Section 32-20, to accept and
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grant the petition and undertake all things necessary to initiate and complete the formation of a
Community Facilities District for the construction of certain public sewer improvements located
at Kaloko and Kohanaiki,North Kona.
We respectfully request that a breach be authorized to submit this resolution after the June 17,
2021 submission deadline, and to waive it from the Finance Committee in order to be placed on
the July 7, 2021 Council agenda. If there are any questions, please do not hesitate to call me at
961-8092.
Deanna S. Sako
Director of Finance
Enc. `Comm. No.
c: DEM Ref. To:
Ref. Date JUN 2 9 Uzi
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)awai'i County is an Equal Opportunity Employer and Provider
Law Offices of Yeh & Kim RONALD N.Vd,KDA RKimrZZ7yehandkim.com
Of counsel:
505 Kilauea Avenue,sure B,Hilo, Hawaii 96720-3059 THOMAS L.H.YEH TLYCyehandk6n corn
Telephone: (808)961-0055 JILL D.RAZNOV Jraznovr�vehandkim com
Website: www.yehandkim.com DANNY B PATFL dpatel a ehandkdm corn
JOHN MUKAI pnukaj a%ehandkim con
Associate
KEYRA K `+vONG KWong@yehandkim com
June 24, 2021
Jon He irks
County Clerk
Office of the County Clerk via Hand Delivery
County of Hawaii
25 Aupuni Street, 1402
Hilo, III 96720
Re : Petition For Creation Of Community Facilities District for Sewer bine Extension,
TMK(3) 7-3-009:019, 057, 058, 059, 060, 061, 062, 070 and 071
Kaloko Heights
Dear Mr. Henricks:
Enclosed herewith for Ming with the Hawaii County Council please find ten (10) sets of
of the above-referenced petition, pursuant to Section 32-19 of the Hawaii County Code. As
requested by the petition, one hundred percent(10010) of the above-referenced properties are
seeking to establish a community facilities district(CFD) for the purpose of constructing a sewer
line extension from the subject property to the Kealakehe Wastewater Treatment Plant.
As a brief background, on March 28, 2019, the Council adopted resolution No. 86-19,
which authorized the construction of the extension and contemplated that the construction would
occur by way of improvement district(ID). A copy of Resolution No. -19 is enclosed herewith
for reference purposes. On March 11, 2020, the Council adopted Resolution No. 502-20,
authorizing the initiation of proceedings for the formation of an improvement district pursuant to
Chapter 12, Hawaii County Code, a copy of which is also included for reference purposes.
After the adoption of resolution No. 502-20, the Petitioners' and the County's team of
consultants concluded that the CFD process would better accommodate the proposed
development phases and would provide a more equitable and flexible method for assessing future
lot owners for the costs associated with the construction and funding of the sewer line.
A primary reason for submittal of this petition at this time is to allow for the timely
completion of the sewer line extension in conjunction with the completion of a 100 unit
affordable housing project to be built by the Hawaii Island Community Development
Corporation(HICDC) on lands located at TMK: (3) 7-3-009:032 in order to allow HICDC to
connect to the sewer line when its affordable housing project is completed. While the affordable
housing project would pay for future sewer service fees, that project is not included in the CFI)
areas to be assessed for the costs of construction and financing.
John Hendricks, Office of the County Clerk, June 24, 2021
Page 2
Thank you for your assistance in the filing this petition. We are hoping that a resolution
accepting the petition can be scheduled before the Council at the earliest opportunity.
Should there be any questions concerning the above, please do not hesitate to let us know.
Very truly yours,
LAW OFFICES OF YEH& KIM
T'IIAS L. H. YEH
Enclosures
CC' Deanna Sako, Department of Finance
Office of the Corporation Counsel
Ramzi Mansour, Department of Environmental Management
Hawaii Island Community Development Corporation
Clients
PETITION C I
IMPROVEMENTSTO CONSTRUCT SEWER LIKE EXTENSION
AND RELATED
TO EXISTING SEWER LINE TERMINUS IN THE VICINITY OF
WEST HAWAII CIVIC CENTER,
KALOKO AND Ir NORTH r HAWAII
COUNTY COUNCIL OF THE COUNTY OF HAWAII
25 AUPUNI STREET
HILO, HAWAII 96720
WHEREAS, RCFC AALOKO HEIGHTS, LLC, a Delaware limited
liability company, whose address is 10100 Santa Monica Boulevard,
Suite 1000, Los Angeles, California 90067 ("RCF'C") , AALOKO
HEIGHTS I HOLDINGS, LLC, a Delaware limited liability company,
whose address is 10100 Santa Monica Boulevard, Suite 1000, Los
Angeles, California 90067 ("BIA") , and KALOKO HEIGHTS INVESTORS,
LLC, a Delaware limited liability company whose address is 10100
Santa Monica Boulevard, Suite 1000, Los Angeles, California
90067 ( "KHI") , all of which together are hereinafter
collectively referred to as the "PETITIONER", are developing a
project consisting of single family residential, multi-family
residential, commercial, and open uses at Kaloko and Kohanaiki,
North Kona, Hawaii known as Kaloko Heights (the "Project") ; and
WHEREAS, the Project is bisected by Hina Lani. Street with
approximately 197 , 19 acres on the north side of Hina Lani Street,
designated as Phase 1 ("Phase 1") , and 193. 9311 acres on the
south side of Hina Lani Street designated as Phase 2 ("Phase 2®") 8
415881.4
and
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WHEREAS,
the Petitioner proposes to construct certain
special improvements (the "Special Improvements") consisting of
a sewer line extension and related improvements beginning at the
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west (makai) boundary of the Project, extending makai within
Hina Lani Street and then along Ane Keohokalole Highway to the
existing sewer line terminus in the vicinity of the gest Hawaii
Civic Center (the location of which sewer line extension and
improvements is depicted on Exhibit "All attached hereto) , and
WHEREAS, the Special Improvements will serve the Project
and also other properties that may be connected to the Special
Improvements in the future, including the Hawaii Island
Community Development Corporation for purposes of constructing
an affordable housing development on that certain parcel of land
located to the west or makai of the Project area, on 'TMK(3) 7-3-
0090032, and
WHEREAS, on March 28, 2019, the County Council adopted
Resolution No. 86-19 which authorized the construction of the
Special Improvements; and
WHEREAS, by Petition dated January 29, 2020 (the "Original
Petition`) , the Petitioner requested the County' s assistance in
financing the Special Improvements through the formation of an
improvement district and issuance of bonds pursuant to Chapter
12, Hawaii County Code, and
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WHEREAS, pursuant to Resolution No. 502-20 adopted on March
11, 2020, the Council accepted the Original Petition and
authorized the initiation of proceedings for the formation of an
improvement district pursuant to Chapter 12, Hawaii County Code;
WHEREAS, although Resolution No. 86-19, the Original
Petition and Resolution No. 502-20 contemplated that the Special
Improvements would be constructed through the establishment of
an improvement district and issuance of bonds pursuant to
Chapter 12, Hawaii County Code, the Petitioner and the County of
Hawaii Department of Finance have jointly determined, upon
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consultation, that it would be more appropriate to construct the
Special Improvements through the establishment of a Community
Facilities District and the issuance of bonds pursuant to
Chapter 328 Hawaii County Code.
THEREFORE, PETITIONER hereby (i) withdraws the Original
Petition and its request thereunder for the County' s assistance
under Chapter 12, Hawaii County Code, and (ii) submits this
Petition to the County Council of the County of Hawaii and
requests, in accordance with Section 32-18 (a) , Hawaii_ County
Code, that the County Council : (a) institute the procedure for
the establishment of a Community Facilities District pursuant to
the provisions of Chapter 32, Hawaii County Code, by adoption of I
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a Resolution of Intention pursuant to Section 32-20, Hawaii
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County Code, and (b) undertake and carry out any and all
activities necessary to complete and establish the Community
Facilities District at Kaloko and Kohanaiki, North Kona, Hawaii .
In furtherance thereof, PETITIONER submits and requests
that the Community Facilities District be instituted in
accordance with and subject to the following.
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OWNERSHIP
PETITIONER is the owner in fee simple of one hundred
percent (1000) of the entire area of land proposed to be
included within the Community Facilities District located at
Kaloko and Kohanaiki, Forth Kona, Hawaii, identified as TMK (3) 7-
3-009: 019, 057, 058, 059, 060, 061, 062, 070 and 71, and more
particularly described in the description attached hereto as
Exhibit " ll . There are no lessees of such land who, by the
express terms of any existing leases, are obligated to pay any
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special taxes levied on such land under Chapter 32, Hawaii
County Code.
IIa
ESTABLISHMENT F COMMUNITY FACILITIES DISTRICT
IS IN THE PUBLIC INTEREST
PETITIONER submits that the establishment of the Community
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Facilities District is in the public interest within the meaning
of Section 32-18 (b) , Hawaii County Code,
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IIIe
BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT
The boundaries of the territory which is proposed for
inclusion in the Community Facilities Districts located at
Kaloko and Kohanaiki, North Kona, Hawaii, are shown on the map
entitled "Proposed Kaloko Heights Sewer Community Facilities
District Boundaries", attached hereto as Exhibit "C" o The
attached map shows the entire area of land proposed to be
included within the Community Facilities District .
IV,
DESCRIPTION OF IMPROVEMENTS/PLANS SPECIFICATIONS
The Special Improvements consist of a sewer line extension
and related improvements to connect PETITIONER' S Project as well
as the Hawaii Island Community Development Corporation' s Kaloko
Heights Affordable Housing project, extending west within the
existing rights-of-way of Hina Lani Street and Ane Keohokalole
Highway to the existing sewer line within the Ane Keohokalole
Highway fronting the West Hawaii Civic Centers
The sewer line extension will be an all gravity system
located within the existing rights-of-way of Hina Lani Street
and Ane Keohokalole Highway. The sewer line improvements will
consist of approximately 12, 115 linear feet of an 8-inch to 12-
inch polyvinyl chloride (PVC) sewer pipe, 39 sewer manholes and
11 laterals to properties adjacent to Hina Lani Street and Ane
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Keohokalole Highway along the project area . The sewer
improvements have been designed to accommodate the wastewater
needs of PETITIONER' S Project, the Kaloko Heights Affordable
Housing Project, and the properties adjacent to the sewer line
extension based on the existing zoning.
Construction plans and specifications for the sewer line
extension and related improvements, prepared by Nancy E. Burns,
P, E. , LLC, have been reviewed and approved by the County of
Hawaii Department of Environmental Management, the Department of
Public Works and the Department of Water Supply.
V.
LAND TO BE ACQUIRED
No land or easements need to be acquired for the
construction of the sewer line extension and related
improvements as all such special improvements will be
constructed entirely within the existing rights-of way for Hina
Lani Street and Ane Keohokalole Highway.
VI .
ESTIMATED COST OF IMPROVEMENTS
The preliminary estimate of the costs for the formation of
the Community Facilities District and the construction of the
Special Improvements, including "incidental expenses" (as
defined in Section 32-16, Hawaii County Code) incurred to date
and those to be incurred in the future, and the cost of
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construction of the special improvements, is not expected to
exceed $22, 000, 000. 00 .
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PETITIONER requests that all such fees, costs and
incidental expenses advanced or incurred by PETITIONER be made
part of the cost of the Special Improvements and included in the
amount of the proposed bonded indebtedness, pursuant to Section
32-55, Hawaii County Code, and that the actual funds expended by
PETITIONER for such fees, costs and incidental expenses be
reimbursed to PETITIONER at such time as funds become available
from the proceeds of the sale of the bonds for the Community
Facilities District.
VII
WAIVEROF PUBLIC 2 G
As owner in fee simple of 100% of the entire land area
within the proposed Community Facilities District, PETITIONER
hereby waives the right to a public hearing on the establishment
of the Community Facilities District as provided in Section 32-
24, Hawaii County Code.
VIII ®
REQUEST FOR FURTHER ACTION
WHEREFORE, ETITI® respectfully requests that the County
Council accept and grant this Petition, adopt a resolution of
intention to establish the Community Facilities District in
accordance with Section 32-20, and undertake all things
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necessary to institute, establish, and complete the formation of
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the Community Facilities District located at Kaloko and
Kohanaikr, North Kona, Hawaii.
Its WITNESS WHEREOF, PETITIONER has executed this Petition
as of the day of 20721a j
ROES KALOKO HEIGHTS, LLC
By:
Name: AARON A. GIOVARA
Its: Authorized Signatory
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HEIGHTS BIA HOLDINGS, LLC
By:
Name: AARON A. GIOVARA
Its: Authorized Signatory
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KALO
KC HEIGHTS INVESTORS, LLC
By:
Name: AARON A. GIOVARA
Its: Authorized Signatory
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T (3) 0 074 Lot 1®
Being a portion 0f Grant 2942 to Hulikoa
Situate at Kaloko, north Kona, Hawaii, Hawaii
Beginning at the South corner of this parcel of land, being also the
Northwest causer of Lot 1®A of Kaloko Heights Affordable Housing
Subdivision, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUAK0„ being 13,545.46 feet South
and 13,922,20 feet West thence running by azimuths measured clockwise from
true South:
1. 162, 558 05B8 430.36 feet along Lot 7-C-1, along the
remainder of Gr. 2942 to
Hulikoa;
2. 252® 568 05" 17.10 feet along Lot R®1 of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
t0 Hulikoe;
Thence along same on a curve to
the left with a radius of $30.00
feet, the chord azimuth and
distance being:
3. 315* 388 10' 309.67 feet ;
4. 2S® 398 222.27 feet along Lot 1®A 0f Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Hulikoa t0 the paint of
beginning and containing an area
0f 0.730 Acres
EXHIBIT 1r "
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Being a portion of Grant 2942 to Hulikoa
Situate at Kaloko, North Kona, Hawaii., Hawaii
Beginning at the North corner of this parcel of Land, being also the
Northwest corner of lot 6 of Maloko heights Subdivision, the coordinates of
said point of beginning referred to Government Survey 'Triangulation Statins
'PU 0' being 12,009.36 feat South and 13 376.51 feet West thence running by
azimuths measured clockwise from true South:
1. 342' 541 30" 1,355.52 feet along Lot 6 of Kaloko Heights
Subdivision, along the remainder
of Gr. 2942 to Hulikoa;
2. 334® 19' 46" 56.65 feet along same;
Thence along Lot 3QAa of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of Gr. 2942 to Hulikoa on a
curve to the left with a radius
of 1,075.00 feet, the chord
azimuth and distance being:
3. 64' 401 04" 152.51 feet ,
4. 60' 361 265075 feet along Lot 3-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942;
Thence along the same on a curve
to the left with a radices of
30.00 feet, the chord azimuth
and distance being:
5. 18' 251 40.29 feet s <
Thence along Lot R®1 of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of Gr. 2942 to Hulikoa on a
curve to the left with a radius
of 530.00 feet, the chord
azimuth and distance being:
6. 1370 19' 343.64 feet
EXHIBIT ®It9
118' 24' 242979 feet along Lot R of Kaloko Heights
Affordable Housing Subdivision-
along the remainder of Cr. 2942
to Hulikoa;
Thence along same on a curve to
the right with a radius of
470.00 feet, the chord azimuth
and distance being;
140® 40* 356,18 feet 1*
162® 561 700,90 feet along Lot R-1 of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Or, 2942
to Hulikoa;
10, 252® 141 3011 070,48 feet along Lot 599 along Gr. 9468 to
Mrs. Hattie Kinoulu;
lle 252' 431 20" 11.21 feet along Lot 57, along Gr. 5912 to
John Brooch to the point of
beginning and containing an area
of 25.994 Acres.
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EXHIBIT 111311
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Being portions of Grant 2942 to Hullkoa and
Royal Patent 0214, Land Commission Award 7715,
Aana 11 to Lots Kamehameha
Situate at Kalokc, Horth Kora, Hawaii, Hawaii
Beginning at the Southeast corner of this parcel of land, being also
the test corner of Lot 5 of Kalo o Heights Subdivision, the coordinates of
said point of beginning referred to Government Survey Triangulation Station
"Pu Ce, being 14,733.05 feet South and 128463.69 feet West thence running by
azimuths measured clockwise from true South:
Thence along Hina Lanai Street,
along the remainder of R. P.
6214, L. C. An. 1715, hp. 11 to
Lot& Kamehameha on a curve to
the left with a radius of
3,840.00 feet, the chard azimuth
and distance being:
1. 96' 019 53$9 799.60 feet a
Thence along Lot RA1 of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of R. P. 9214, L. C. Aw. 7715,
Amp. 11 to Lots Kamehameha on a
curve to the right with a radians
of 30.00 feet, the chord azimuth
and distance being:
2. 134" 439 2598 42.15 feet 11
3. 179' 219 717.31 feet along Lot R®1 of KaloIce Heights
Affordable Housing Subdivisions,
along the remainder of R. P.
6214, L. C. Amw. 77158 Ap. 11 to
Lots Kamehameha and Gr. 2942 to
Hulikoa;
EXHIBIT 1s 11
Thence along Lot A-1 of Kalokc
Heights Affordable Housing
Subdivision. along the remainder
of Gr, 2942 to tluli,kca on a
curve to the left with a radius
of 530.00 fete the chord
azimuths and distance being;
6, 167® 470 3011 212.39 feet
Thence along Let 2-A of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of Gr. 2942 to Hulikoa on a
curve to the fight with a radius
of 30.00 feet, the chord azimuth
and distance being:
5. 190® 251 M29 feet ,
6. 240* 36' 260,76 feet along Lot 2-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gra 2942
to Hulikoa;
Thence along the same on a curve
to the right with a radius of
1,075,00 feet, the chord azimuth
and distance being,
7e 2410 40' 04' 152.51 feet ,
8. 334® 191 46" 3.32 feet along Lot 6 of Woke Heights
Subdivision, along the remainder
of Gr® 2942 to Hulikoa®
Thence along the same an a curve
to the right with a radius of
604.00 feat, the chord azimuth
and distance being.
9. 246® 421 23e1 91.59 feet ,
20. 253® 051 214,11 feet along Lot 6 of Kaloko Heights
Subdivision, along than remainder
of Gro 2942 to Hulikoa®
i1. 3420 Sit 30" 1065,99 Feet along Lot 4 of Wake Heights
Subdivision, along the remainder
of Gra 2942 to Hulikoa and H. Y.
9214, L. C. Aw. 7715, Ap. 11 to
Lots K hamehac
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Thence along Lot 5 of Aslcko
Heights Subdivision, along the
remainder of R, Pa 6214, L, Ca
Aw. 7715, Ap. 11 to Leta
Kane ha on a curve to the
left with a radius of 70000
fent, the chard azi oth and
distance being:
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12, 31' 16, 22, 30946 feet J
13, 15® 30® 355.73 feet along Lot 5 of Kaloko Heights
Subdivision, along the remainder
of R. F. 6224, Lo C, An. 7725,
Ap> 11 to Lots Namehomaha to the
ant of beginning and
containing an arra of MM
Acres, I
TMK No. )7-3-009-059 Lot
All at that certain parcel of zarA Waiagportion(B) of the
Landis) described in and covered by went 2942 to like, and
Royal patent 0714® oned Commission Award 7715, ADS= i to Let&
situate, lying and being at Wore and Schanaikl,
South Kenn, Island of Hawaii. State of Hawaii, being LOT 4 of
HAWK0 RgIGHTS SUeDIVISION, end haus boarded and described a®
per survey dated Marcia 14, 2006, to-wit;
gaginning at the southeast corner of this Pascal of land,
Lag &&@a the northeast comer o1 Lot 5 of Kelska Heights
aWAivigion, same being a portion Of Royal Former 6214, Land
Commission Award 7715, 1 to Lots KBmeheashal the
coordinate® a1 said point or beginning misread to vnr ant
Survey Triangulation Station "M IM " being 14,501046 Test
south and 11,782,95 rest want end thence running by azimuths
measured clockwise from true Southr
1. Along Lot 5 o3 Ralcho Heights S diviaica, came being e
parts 09 R-P, 8219,
L„C.Aw. 1715, Ap. 1 t0 Lots
Kamsbamma. as a Curve to the
right with a radius of 60,00
fact, the chord azimuth and
distance beizqa
72* 42' 02,91 feet;
2, lids 24' 465,61 teat along t 5 Kalakc
Heights Subdivision, "me
ro
EXHIBIT "B"
being a portiones of RoV,
9214, L,C,Aw. 7715, AS. 1 to
to Kam, e
1. 4?® 10' 56.00 fact along Lot 5 WOW
Heights Subdivision, same
being a portions of R,P.
$214, L.C.Aw. 77.19, Ap. i C®
Late Rewshamehop
4. 1079 50' 43.19 east slang Lot 5 of Walowe
Heights Subdivision. same
being a portions of R-P>
6214, L.C.AW. 7715, AP, i to
to Ramehamehaj
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5, Thence slang Lot 6 Of falako Height® 9 ivisian, Same
being a portions of R.F.
8214, L.C.Ax, 77158 AP, 1 to
Lots aha a, an a Cuove
to the lett with a radices of
70.00 feet, the chord azimuth
and distancebeing:
77+ 268 22' 70.93 feat;
6, 1620 54' 30* 1065.99 fast along Lot 3 of kaioko
Hclghte Subdivision, mesa
being portions of grant 2942
to Wilson and R.P, 8214,
L.C.Ax. 7715, Ap, 1 to Laos
Kamahmachal
7. 2530 05` 251.96 Leet slang Lot 6 of haloko
Heights subdivision, ease
being portions of grant 2942
to Mulikoa and R.9, 8214,
L,.C.AW. 7115, Ap. 1 to Lata
at ha,
. Thence feet along Lot 5 of Kalako Heights SmbdivLslofta
same being portions at grant
1942 to Hulikoa and R.P.
8214. L.C,Aw. 7715, As. 1 to
to Namebameha, an a curve
to the right with s radius of
640.00 feet, the chord
aeinuth distance beingt
2979 59' t5° $47.23 fast,
4, 3420 94' 30' 271.54 feet along Lot 6 of Kaloko,
Heights Subdivision, same
being portions of grant 2942
to Malik®a and R.P. Me,
L.C.Aw. 7719, Ap, 1 to Lots
Raffishamehao
EXHIBIT "B"
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L0. Thence along Let 6 of faro heights Subdisigice, mama
being portions of grant 2962
to 1lulik .l. 0214,
L.C.Ax. 7715, W I to Lots
Kaffishamahm,
An a come to the
right Withradius of 600,00
feet, the chard azimuth and
distance bei
90 59® 45, 451.29 Peat.
ll0 27' 058 99x06 feet along toot 6 Of Kalako
Heights subdivision, came
being portions Of Grant 2942
to Mulikas and R.P. 6216,
L,C.Aw. 7715, Ap>l to Lots
Ramehamebs3
12. 29* 008 106.06 fact along t 6 of Kalako
Heights subdivision, same
being portions of grant 2942
to Wallace, and RaF. 0214,
L.C.Aua 7715, Ap. I to Laos
Kamehameha to the paint at
ginaing and containing an
arca Of 22.010 Acrcae more or
lass.
TMK No. ( )7-3-009-04 Lit
All of that certain parcel of la (being particn(s) Of the
land)al described in and covered by Royal Patent 6214, hand
commission Award 7715, Apana i to Lot& K&meh&mehgl situate,
lying and being at WOW, South Kona, Island of Hawaii, State
of Hawaii, being LOT 5 of KhLQK0 HEIGHTS SUBDIVISION taus
bounded and described as per survey dated March 16, 2006, to
wit:
Beginning at the gout ant earner at this parcel of land,
being also the south corner of Lot 6 of K&lokO heights
Subdivision, game being a portions of Grant 2942 to hulikoa
and Royal latent 6214, Land commission Award 7715® Ending 1 to
Lots Ismanamena and along the north aide Of His& Loci )ltrtct,
the coordinates of said point Of b89InftLft9 referred to
Government Survey Triangulation Stations IKOANUINBAO being
11,926.0a fact south and 11,950.36 feet west and thence
running by azimuths measured clockwise from true South;
1. Along the north side of Hina ni Stress, On a curve to
the left with a radius of
3040.06 fest, time chord
azimuth and distancebeing:
1100 46, 28, 549.50 fest:
EXHIBIT O'
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2e 1�5® 30' 755.73 feet along hot 3 of loko
Heights Subdivision, some
being portions of Grant 2942
to ttulikoa and ft.V 6214
L.C.AW- 1715, be. 1 to Lots
xamehamebs;
1, Thence along Lot 3 of Kajoka Heights subdivision, seem
being portions of Grant 2992
to Hulikom and R.P. 9214,
L.C.Aw. ?Its, up. 1 to Lots
agmeharesen, an a curve to the
right with a radians of 70.00
fast, the hard azimuth and
distancebeing:
2410 40' 100.99 fe®t9
i. 2079 90' 43,19 feet along Lot i of Kalokc,
Heights subdivision, same
being portions sof Grant 2942
to Mulikoa and R.P. 9214,
L..C.Aw. 7715, Ap. 2 to Lot
Kamehamehaj
a. 227® 20, 55,00 goat along Lot 4 at Webb
Heights Subdivialon, same
being portions of grant 7942
to Mulikoa and R.P. 0214,
L.CAW. 7715, Ap= 1 to Late
4aa eha:
61 296® 24' 465,51 feat along Lot i of Halaka
Heights ffibdiviaiM same
being portions of Grant 2942
to Mulikee, and R.P. 8214,
LoCAW. 7715, Aq. 2 to Lots
xammwammha
7. Thence along Lot 4 of Kaiser Heights Snbdivision, same
being portions of Grant 2942
to sultans and R.P 0214,
I..C.Aw. 7715, AV. 1 to Lots
Komehameha, an a curve to the
left with a radius of 60.00
teat, the chord azimuth and
distancebeing:
2920 42' 02.91 feet?
0, 298 00" 192.91 Coat along Lot 6 of Kalokc
Heights Subdivision. Game
beingrti s of Grant 2942
to Wilkes and R.P 6214,
L,C. w, 7715, An. W to Lata
Jetta ,
EXHIBIT
tt tt
i
i
3
9® 270 05, 950.59 feet along gAt 6 of Saloko
Height@ Subdivision, @age
being portions of ®sant 2942
to mulikas and R.P. 5214,
L.C.Aw. 73134 As, 1 to Let&
me aehx;
30. Thence along tot S of Pajama Heights Subdlvisioa, same
being portions of Grant 2942
to Muliksts and VP. 6214,
L,C.Aw. 1715, By. 1 to Lots
machamahs, on a curve to the
right with a radians of 20,00
feet, the chord azimuth and
distance beings
71, !1a 15" 21,01 feet to the point of beginning
and containing an area of
6.270 Acres, Mee or 1889.
i
All of that certain parcel Of lead lbsiag rtion(etl of the
lasndial described in and covered by grant 2942 to Sulikos and
Soyas Patent 0214, Land commission Award 7715> Apace 1 to bota,
Kaaahameha) situate, lying and being at Saloom and Kohenalki, �
South Seem. Island as Hawaii, state of Namall, having LOT i of
CSO HEIGHTS Stgolt,t3rom and thug bounded and described as
r survey dated March 14, 2005, to wit:
Beginning at the south corner as this parcel of land, being
also the southeast corner ®C Lot a of Baloks, Heights
Subdivision, same being a portion of Royal Patent 5214® Lane
commission Award 7715, spear i to Lots K&EChasObA and along
the north aide of Hi i street, the comedingeas Ofsaid
point of beginning retorted to Government Survey Triangulation
Station ®Mo UI A" being 14,920.06 feet south and 11,95Q.39
feat west and thence running by azimuths measured clockwise
tram true South;
1a Along Loc 5 of Kaloka Heights Subdivision, same being a
portion of Vp. 9214, LX.Aw.
7715, Ag. 1 to Lots
gamehamaha, on a curve to the
left with a radius of 20.04
foot, the chord aeimuth and
distance being:
2510 31, la® 25.01 faa¢a
2. 2070 051 190,59 Leet along Lot 5 of Kaloke,
eights Subdivision, sane
being a portion of A.P. 6214,
L.C.Ale. 7715, Ap, 1 to Late
me
EXHIBIT10
"B"
I
3. 2092 so, 299.99 fest along Wt 5 of Wake
Heights Subdivision, same
being a portion of R.P. 6214,
L X AW. Ills, AP. 1 to Let&
Ramehameba and let 3 of
galokc Hoighte Subdivision,
same being portionsof Grant
2942 to MulikCS And R.P-
0214, L.C.Aw. 7716, p, 1 to
Leta meha.
4. 2074 as, 39.ss feet along lot 4 of VAICkft
Haight@ Subdivision, game
being pertion@ of Grant 2942
to Mulisca and R.P. 9214,
L,C,hw, 7715, As. 1 to t*
mehame
S. Thence along Lot 4 of Woke eights SubdivLsian, none
beingrtions of Grant 2942
to Galleon and R.P. 6214,
L.CAw. 7715, Rp, 1 to Lots
eaeha etaa, an a curve to the
left with a radians of 600,00
feet, the chord azimuth and
distance being:
1649 59' 45® 451.23 feet:
6. 1620 $4, 30" 271.64 feet along Lot 4 of Kalako
Heights Subdivision, same
inn portions ®e Grant 2942
to Holikoa and R.F. 0214,
L,X.Aw, 7715® Ap. 1 to Lots
Kmehamehaj
7. Thence along Lot 4 of Xatok® Heights Subdivision, Same
being portions of Grant 2942
to Mulikea and R.P. 9214,
L.C.Aw. 7715, An. 1 to t!
Kamehamahs, on a curve to the
left with a radius of 900.60
feet, the chord azimuth and
distance beingg
1170 59, 45® 947,23 feet;
0. 73® 05' 466.06 feet along Lot@ 4 and 3 of
loko Heights Subdivision,
sane being portional of Grant
2942 to 4tealikoa and R.PA
9214® L.C.Aw. 7715, AP. 1 to
Leta FAmehameha,
P. Thence along Lot 4 of Kalakc, Heights Subdivislmusame
being portions of Grant 2942
EXHIBIT tt
i
3
3
to Mullane and It.P- 92L4,
L,.C.Aw. 7716, Ap, 1 to Lots
gmmahacmtka, on a curve to the
left with a EwAiue 09 MAD
feet, to* chard azimuth had
distance being-
feet,
i0. 150 148 16, 60.00 feet along Lot 3 of VAICka
Heights gubdivisica, same
being portionA of Oractt 2942
to mulikas and R.P. 9216,
L.C.Rw. 7119, Ap. 1 to Leta
Ram° me ,
11. 162 54° 30� 1355<92 feat along Lot 2 of RAlwkO
neights aubdivision� @ante
being portion@ of Great 2902
to Mulikoa and R-P. 9210, I
L.C.A.w. 7715, Am. 1 to Leta
Kaeehaataha a
i
12. 2520 43, 20" 399.70 feet along Grant 6912 to Jahn
roacb;
13, 902&8 $48 308` 1372M feet along Lot 7 of Aaloka
Heights SubdiviaiM Same
being portion@ of Grant 2402
to Hulikea and R.F. 9214,
i
L.C.Aw. 7716, Ap. 1 to Let& j
®thane, a
10. ISO 298 106190 feat along Lot 7 of Raloka
Heights SubdivisiM ®a
beingrti of Grant 2942
to Hulikaa and R,9 9214,
L,.C,Aw. 7716, Ap. 1 to tOt&
Kamehamehal
15. Thence along Iot 7 of Kalaka Sleights 4 ivisian, same
being portiOns 4f Grant 2942
to MulLkoa and R,F, 9214
L,C.Av, 7715, Ap. 1 to Leta
Kamehameha, on a curve to the
right with a radius 02 660.00
feat, the chord azimuth amd
distance being:
i
3149 41' 451 624.02 feet.;
15, 3420 548 30- 271.54 feet ale t 7 of xalako
Heights subdivision, sane
being portion, of Grant 2942
to Mulikoa and R.O. 6214,
L,.C.Aw. 7115, Ap. 1 to Late
msbAme a
1
i
I
17. Thence along Lot 7 of Kaloke heights subdivision, @MOO
being portions at Coast 2942
to Aulikoa and R,F, 6214,
J�,CaAw. 7715, An, l to Lot&
Kameheaahffi, on as curve to the
right with a radius of 450.x0
feat, the chard azimuth and
distancebeing:
I
4' 59, 49, 496.35 Cast®
1s. 27® 05, 39.®S East along Lot 7 of Wake
Height@ Subdivision, some
being portiatmi of Great 2942
to mullgroa and .P. 9214,
L.C.Aw. 7715, AP. I t4 LOta
Kamehaame ,
19. 25* 10° 290.99 feat along Lou 7 of baluka
Heights subdivision, Sam
being portions of Grant 2942
to Mullane and R.F. 6214,
L,C,Aw. 7715, 0.p. l to Lots
aesba�e a
20. 272 05' 204.59 feet &Long bot I of Wake
Heights Subdivision, same
being porticos of Grant 2542
to Hulikoa and R,P. 0214,
i,.C.s„w. 7715, Ag- 1 to Lot&
Ka tea ho s
21. `thence along Lot 7 of Kaloko Heights Subdivision, saws
being portions of Grant 2942
to Sultans and R.P. 9214,
L,C.Aw< 7715, A¢. 1 to Lots
Kamehameba, on a curve to the
left with a radius of 20,00
feet, the chord azimuth and
distance boinst
102® 36° 42' 26.01 feet)
22. Thence along the north aide of Bina Lehi Street, on a
curveto the left with a
radius of ]440,44 feet, the
chord azimuth and distance
being:
1.27" 03, 119.22 feet to the Saint of
ginning and containing an
areas of 35.954 Acres, more or
lase.
13
EXHIBIT 1t tB
TMK No. (3)7-3- Lot 7
All of that certain Paccel of lead (being rtion(agi at the
Isnd(0) described in ants covered by Grant 2942 to Kulikoa at
Royal patent 9214, Land Cowalmajon Award 7715, Agana 1 to Late
mc ® ) situate, lying and being at Nalako and Kahavaiki,
South Nona, island of Hawaii, state of Hawaii, being LOT 7 of
CALANKC, HEIGHTS S I isic", and thus bounded and described as
per survey dated Match 14, 2005, W®witr
Beginning at the southeast corner of this parcel of land,
being size the Southwest corner of Lot 31 of Kona Heavens [trait
11 Mile plan 1337) and along the north side of HLne Lana
Street, sten coordinates of said point of beginning referred to
Government Survey Triangulation Station " I A" being
16,037.49 feet south and 10,423,75 fact west and thence
running by azimuths measured clockwise team true Seven:
1. 1200 Ola 35' 1250,00 feet along the north side of
Mine Lani streeta
I
2, Thence along the north side of wine Leal strGet, On a
curve tO the left with a
radius of 3040.00 feet, the
chord azimuth and distance
irng:
1230 07' 520,36 fast;
J. Thence along Lot 6 of kalako Heights Subdivision, tame
being portions of Graces 2942
to Nations, and K.P. 0214,
L X.Aw. 7715, Ap. 1 to Lots
Kamehama , on a curve to the
right with a radius Of 26000
fact, the chord azimuth and
distance bai
152* 30, 421° 20.01 feats
4, 2074 OS' 260.59 feet al0ng Lot S of Raloka
Heights Subdivision, same
being portions of Grant 2942
to Unlike* R.P. 621C
L.C.9sw. 77168 Ap. 1 to Lots
Unsheathe;
S, 2050 10' 298,99 fact along Lot 6 of Balboa
eights Subdivision. same
being sections of 0rant 2942
to Salinas and R.P. 0214,
L.C.Aw. 11LS, AP. 1 to Late
Kamehamehat
6, 2076 OS® 39,66 feet along Lot 6 at Wake,
weights gubdlvixion, same
being portions of Scant 2942
14
EXHIBIT 11 1311
i
i
cc Isslikon and R.P. 9214,
L„C.Aw, 77159 AP- 1 to Lot&
KamahamebasI
7. Thence along Lot 6 Of Woke) tiaighta 13cadivIolon, "Me j
being portion@ of Grant 2942
to MulAkoa and FLep, 6214,
L,X Aw. 7715, Ap. 1 to Lot&
samehamena, on a curve to the
left with a radius of 660.00
leak, the Chord* azimuth and
distance) being.,
1049 S9' 45, 496,35 feet;
B. 1i2� 54' 30" 271.54 feet along Eat 4 of Wake
fights Subdivision. 6600
beingrtlons of Grant 2942
to bulisca, and R,p, 9214,
L.C.AW. 773.5, AV. 1 to Lots
mehameha
5. Thence &long hot S of Kalman Height@ SubdiviNion, same
being portions of Grant 2942
to Hullkos and R,4. 9214,
L,C.hv, 7715, Ap. 1 to Let&
Kanshameha, an a enter to the
left with a radius of 660,00
fact, the chard azimuth and
distance being:
1340 41' 4S' 623.02 feet#
20. 1960 29' 108.00 feat along Lot 6 of Solana
Heights Subdivision, Can*
being portions of Granit 2942
to mulibas and R-P, 4214,
L.C.Aw. 7715, Aga 1 to Lots
tta4+ehafcha.,
ll0 1620 54' 3088 1372,54 feet &long Lot 6 of Galena
maights Subdivision, Base
being portions Of Grant 2942
to Mulikaa and k.s. 0214,
L.C.Aw. 7715, AP, 1 to Lead
samebamehal
12, 2520 438 20' 236.42 feet along Grant 5912 to John
Breach to a spike In concrete
(end)t
13, 2410 108 409.91 feet along Grant 5912 to J®
hn
Breach to a 1/2- pipe (End);
14. 2340 458 20* 514,16 feat along Grant $912 to Jo
hn
Broach to 142" pipe in
concrete U 3 t
15
EXHIBIT 19 1311
'l
i
I
15, 3436 02® 291@ 1094.77 fact along Grant 2930 to
iako.il3 and net 3, same
being a portion of Grant 2034
to Kaiakolli to a 1/2® pips
in concrete Mel3
Boundory follows along the
middle of atone wall, same
being along Grant 2942 to
Helikoa for the next three
(1) courses, the direct
salience and distance between
said middle of @tone well
being;
16. 71® 27^ 521, 120,74 feet,
I
13. 13® 44° 25.67 feet$ j
10. 739 14° 52.58 feet to a 1/26 gips in
concrete tend);
15. 3446 4S' 43' 252.51 feet along a portion of Grant
2943 is belittle to a nail in
concrete tfndl;
Sombeary follows along the
middle of atone wall, same
being along grant 2942 to
aulikca tow the next eight
M courses, the direct
stiouth and distance between
said middle of atone wall
being:
20, 231, 20® 301 S®.69 fest to a mall OR concrete
Undl;
21, 2446 41° 19.06 feet to a nail in concrete
tend);
22, 2506 32° 25.05 feet to a 1120° pipe in
concrete glass ;
23, 262' 21® 30" 45.45 tests
24. 2560 Zia 300 33,01 facts
2S. 2550 OS' 306 29,30 feet;
26. i55O 13' 306 S.89 feet;
27 2730 ®i' a.00 feet;
28. 3436 02° 20® 191,65 teat along a portion of Grant
2030 t® Kalakoilio
16
EXHIBIT 11 "
i
i
I
I
I
I
3
I
I
2 e 71� SS' 104.49 feet along Lot A, being a
portion of Grant 2962 to
Mulikas to a 1/21 pipe in
i
concrete (Ind) a
I
3 332® 16e 301 63.06 feet along Lot A, being 4
portion CE Grant 2942 to
Gallons to a spike in
I
concrete (fnd)„
10 is" 209.40 feet along Lot A, being 8
portion of Grant 2962 to
mullets to a 3/41 pipe in
concrete (fnd)a
i
32e 901 10' 451 16.00 Leet along Lot A. being a
portion of Grant 2942 to
lik to 1/2`® Pipe lend)-
31, 616 45° 451 41,20 feet along Lot A< being a
portion of Grant 2962 to
Italians to a 3/4" pips in
concrete (feed),
r
34, 164 L1" 45" ZL®.70 feet along Lot A, being a
portion of Cravat 2942 to
mulikoa to a nail in concrete
(End)$
33. 337' 41' 451 42.20 test along Lot A, being a
portion of Grant 2942 to
Mulikoa to a nail in concrete !
tfnd)a
i
36, 3261 27, 454 44,70 test along Lot A, being k
portion at Grant 2962 to
mulikoa to a mail in concrete
3, slog 598 4518 66.00 feet along Lot A. being a
portion at Grant 2962 to
taulik ;
96. 233® 55' 454 117.20 East along Lot A, being a
portion of Grant 2942 to
mulikoa;
39, 2401 la' 45* 101.10 feet along Lot A. being a
portion of Grant 2942 to
mulik a
gob 255® 168 15% 112,(5 east &Lbag wt a< being a
rtion ad Grant 2942 to
genera, to a 1/2" pipe in
concrete U );
I
1
{
i
i
3
I
7
I
I
1
41e 3360 20° 20' 102.00 feet along Lot 2, being a I
portion of Grant 2030 to
iakol l i a
I
42. 764 it, $51, 476,60 feet along Lot 21, Aflini
Street and not 22 of w
Heavens Unit III {rile elan
1537) to a 2124 Pipe (and):
3
3
430 342 56, 4s" 2931.57 feet along Late 22, 23, 24, I
29, 26, headway Lot, 21, 26
and 29 of "no Mavens Unit
ITL {Pile Flan 1037)' and
Lots 27, 29, 29, North&
Street, 30 and 31 of Kona
Heavens gait I1 (Fila plan
i
1537) to the point of
beginning taiRing an
3
arta of 80.114 acres, more or
3
lest.
1° as (3}7- ® - t=at -
1 ®t t t rtain gsteel o a (being portion Of the
Landis) described in and covered by Royal Patent .214, j
trawisolon Award 7715. Apaus It to Lots has) situate,
lying d being on the Wantonly aide Of "iUm Part Street at
melons, Oistrict of North na, island and County Of Hawaii, j
State O ii, being LOT 3-A and thus bounded and deacrLbed
as per survey prepared by Ronaldo a. Aur6110, Land Suzve'Ver
with Sngiaeering Division, Department of Nater Supply. County
of Hawaiia
1
Beginning at the southeast cornet of this parcel of Land, the
coordinates Or said point Of beginning referred to Government
Sucogy Tviangulation Stationbeing 17,9®0976 feet
SouthSM9,927.20 Fest west and running by iziaasth9 measured
clockwise from true South'
3
1, 75® 248 06® 134.50 feet Stand Royal Patent x
7557. L iSaiOn 1
Award 11216, AV@= 36 to
Rekouncht,
2. G7' 03, 45® SC 20 feet along same;
3, 626 521 4s® 97,54 fast along samej
4, 76® 531 is, 312.20 toot along game#
i
5, 796 26® 45" ®5.70 loot along same?
6< See 09, i5, 21,30 teat along same;
i
7, 906 25® 45, 71.05 feet along DMM68
i
18
EXHIBIT "B"
i
i
7
s
f
I
Oe
2S' 43.60 feat along ammel
25, 1.05.60 feet along Baa
10. 79" 136 45, 230.20 feet along same;
11. 69� 354 45" 96,45 feet along same;
12. 62" 14, 458 64.50 feet along same;
13, 1008 20' 45$° 22.00 feet along @&Sea
14. 760 oil OS® 120.64 test along some,
1S. 4®* 23' 45® 76060 feat along same.
16. 930 22' 15, 1611010 feet along samai
17, 050 16' 35" 930.46 facet along ilman,
1io 1620 56, as, 3,65.,1,9 feet along the remainder
of Royal Patent 214®
Land COMIGO'AGR Award
7915. Assam 11 to Lot&
ma $
,chance along the southerly aid@ of Hines Leal Street an a Curve
to the right with a
radius of 2,960,00 feet,
the chord azimuth and
distance hainga
19. 293, S00 36'. 3,956,19 festa
20, 330 41, 196,00 test along Lot 3-St
21, 3036 41, 315.®0 feet along @areal
22, 213® 41. 192,75 feat %long ease!
23, }081 01, 350 1.300.37 feet along the southerly
side 99 Hina lownt
streets
24o 1420 56$ 05® 1.392,94 fa®t along sena Heavens
subdivision, Unit 1,
Pile via& 1423 to the
point of beginning
containing an area of
6,441,641 square toot or
193.9311 acres, mora or
less.
EXHIBIT "13"
I
I
i
TIVIK 3) 7-3-009-071 Lot -
3
WT
3
i
3
®1
3
Being portions of Grant 2942 to Hulikoa and
Royal Patent 0214, Land Commission Award 7715,
A ana 11 to Lots Kamehameha
I
Situate at Kaloko, North Kona, Hawaii, Hawaii 9
Beginning at the Northwest corner of this parcel of land, being also
the Northeast corner of Lot 7-C-1 of Kaloko Heights Subdivision, the 3
coordinates of said point of beginning referred to Government Survey
Triangulation Station IPUAK®" being 12,374.09 feet South and 14,291479 feet
West thence running by azimuths measured clockwise from traceSouth:
1< 252* 149 30" 60¢52 feet along Lot 59, along Grant 9460
to Mars. Hottie Kinoulut
i
2e 342® 431 2511 700,90 feet along Lot 2-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Or® 2942
to Hulikoa;
Thence along same on a curve to
the left with a radians of 470®00
feet, the chord azimuth and
distance being:
3. 320* 401 356.15 feet
4. 298" 241 242°79 feet along Lot 2-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr® 2942
to Hulikoa;
Thence along Lot 2-A and Lot 3-A
of Kaloko Heights Affordable
Housing Subdivision, along the
remainder of Gr. 2942 to Huli o
on a curve to the right with a
radius of 530®00 feet, the chord
azimuth and distance being®
S. 320® 52, 3011 537.59 feet
. 359* 21® 717.31 feet along Lot 3-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Huliko and R. P. 0214, L. C,
w. 7715, Apo 11 to Lots
K ehamehas
Pass lei
20
EXHIBIT "B"
i
i
i
I
I
I
Thence along Lot 3-R of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of R. P> 8214, L. G. Apt. 7735,
Asp, 11 to Lata Kamehameha on a
curve to the left with a radius
of 30.00 feet, the chord azimuth
and distance being:
7> 3140 438 25"8 42.15 feet e
Whence along the North side of
Hina Lanai Street, along the
remainder of Ra P. 0214, L. C.
Aw. 77158 Ape 11 to Lots
Kamehameha on a curve to the
left with a radius of 3,046.00
feet, the chord azimuth and
distance beings
0. 090 211 0784 119.02 feet
Thence along Lot 1-A of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of R. PO 0214, L. C. Aw. 7715,
Apo 11 to Lots Kamehameha on a
carve to the left with a radius
of 30.00 feet, the chord azimuth
and distance being:
9. 223® 47® 24.5" 42.01 feet e
10. 179' 21® 717.31 feet along Lot 1-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of R. P.
6214, L. G. Aw. 7715, Ap. 11 to
Lots Kamehameha and Gr. 2942 to
i
Etulikoa �
Thence along Lot 1-A of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of Gr. 2942 to Huliko on a curve
to the left with a radius of
470.00 feet, the chord azimuth
and distancebeing:
11. 1400 52' 30`° 476.73 feetEXHIBIT e
21
"B"
12. 116* 24' 242.79 feet along Lot i-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Huliko;
Thence along Lot 1-A and Lot 1-H
of Kaloko heights Affordable
Housing Subdivision, along the
remainder of Gr. 2942 to Huliko
on a curve to the, right with a
radius of 530.00 feet, the chord
azimuth and distance beings
13. 135* 301 40Q1 311.69 feet 11
14. 72* 561 0511 17.10 feet along Lot 1®H of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Huliko;
15. 162* 561 O5B1 794®94 .feet along Lot. 7_O-1, along the
remainder of Gra 2942 to Huliko
to the point of beginning and
containing an area of 3.766
Acres.
L C.
IICENSE[3 Description Prepared By:
�
PROFESSION 7
LAND
SURVEYOR z . 0120
Rowel C. Ofaisa
Licensed Professional Land Surveyor
Oertificate No. 10544
December 6, 2019
TMKe {3} 7-3-009; 032 (portion) , 057 (portion) , 059
M:\PR0JECP;\$URVSY2019\190130_ t0% HEIGHTS HOUSING\D£SCR%PTI0MS\1. Ral-0ESC.dac
Per 3013
22
EXHIBIT "B"
..0„ 1191HX3
^ E ■# - - .�-a
�\ .
.
-
L �
[ q
(
--� -
.
-_
j; • ��
@ . �
� .....,
.. ,.
�
2 � �
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�
A �
. CA
o
- \ B
§ IfI -
- � .
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 86 19
A RESOLUTION AUTHORIZING THE EXTENSION OF THE PUBLIC SEWER FROM
A PLANNED SUBDIVISION(PARCELS 7-3-009:019,057,058,060,061 AND 062)TO
THE EXISTING SEWER LINE TERMINUS IN ANE KEOHOKALOLE HIGHWAY.
WHEREAS,applicant RCFC Kaloko Heights, LLC,a Delaware limited liability
company("RCFC Kaloko Heights"), has applied to extend the public sewer system in
accordance with Section 21-26, Hawaii County Code,to service planned subdivision projects
located on parcels 7-3-009:057,058,059,060,061,and 062("Kaloko Heights, Phase I"),and on
parcel 7-3-009:019("Kaloko Heights, Phase 11")and to service the Hawaii Island Community
Development Corporation's("HICDC") low income rental housing project located on parcel
7-3-009:032;and
WHEREAS,the sewer extension will consist of a gravity flow line and related
improvements, including laterals provided along the sewer line extension to connect existing lots
in the future,beginning at the makai boundary of Kaloko Heights, Phase 1, down Hina Lani
Street and then along Ane Keohokalole Highway to the existing sewer line terminus in the
vicinity of the West Hawaii Civic Center;and
WHEREAS, RCFC Kaloko Heights will construct the sewer line extension by way of an
improvement district pursuant to Chapter 12, Hawaii County Code,and in the future will be
eligible to exercise conditions under section 21-28(a), Hawaii County Code,pertaining to
receipt for 10 years after completion of the sewer line extension one-half of all monies for sewer
charges collected by the County from other properties connecting to the sewer line extension,
provided the total of such reimbursement shall not exceed the cost incurred by RCFC Kaloko
Heights to construct the sewer line extension. Plans to reimburse RCFC Kaloko Heights for
construction of the sewer line extension shall require the approval of the County Council by
resolution;and
WHEREAS, RCFC Kaloko Heights' Application for Sewer Extension,a map depicting
the location of the sewer line extension,and a letter of support for the sewer line extension from
HICDC are attached hereto as Exhibits 1, 2 and 3,respectively;and
WHEREAS,the Director of Environmental Management has recommended approval of
the sewer line extension in accordance with section 21-26.1(b),Hawaii County Code; and
WHEREAS,sewer line extensions are beneficial to the community by avoiding less
desirable alternative wastewater treatment options,resulting in a cleaner, healthier environment;
and
WHEREAS, Section 21-26.1(a), Hawai'i County Code requires that all sewer extensions
shall be approved by resolution of the County Council,and Section 21-26.1(b)provides that the
County Council may approve applications for sewer line extensions accompanied by appropriate
supporting material;now,therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
sewer line extension as set forth hereinabove is hereby approved.
BE IT FURTHER RESOLVED that the County Clerk shall transmit copies of this
resolution to the Department of Finance, Department of Public Works,Department of
Environmental Management,the applicant RCFC Kaloko Heights,LLC,and the Hawaii Island
Community Development Corporation.
Dated at Kona Hawai'i,this 28th day of March 2019.
INTRODUCED BY:
OWNCIL MBER,COUNTY OF HA `I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo,Hawaii CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted bv the COUNCIL of the KANEALI'l-KLEINFELDER X
9 ).019
County of Hawaii on March 2
KIERKIEWICZ X
LEE LOY X
ATTEST: POINDEXTER X
RICHARDS X
VILLEGAS X
8 0 1 0
Reference: C-148/AWES MC-4
SZTY CLERK AIR"WPERSON a PRESIDIN FFICER RESOLUTION NO. 86 19
2
Department of Environmental Management
Wastewater Division, County of Hawai'i
Application For Sewer Extension
Part A. (must be completed)
Project Address: KALOKO & KOHANAIKI, NORTH KONA, HAWAII Date: August 29, 2018
TMK No.: (3) 7-3-009:057, 058, 059, 060, 061 & 062; (3) 7-3-009:019; (3) 7-3-009:032
Applicant Information: Contractor Information:
Name: RCFC KALOKO HEIGHTS, LLC Name: TO BE DETERMINED
Address: 555 CALIFORNIA ST, #3450 Address:
SAN FRANCISCO, CA 94101
Company: Company:
Phone No.: Phone No.:
Check applicable box: RX Sewer Main Installation(Indicate reason for work and complete Parts B&C.)
❑Sewer Lateral installation(indicate reason for work and complete Part C)
Reason For Work: TO CONNECT ABOVE PROPERTIES TO COUNTY OF HAWAII SEWER SYSTEM
Part B.
Sewer extensions are subject to Hawai'i County Code,Chapter 21, Division 4,Extensions.The APPLICANT shall be
responsible for drafting the resolution and submitting it and supporting materials with the Application for Sewer
Extension.Final documents will be submitted to County Council by the Department of Environmental Management.
Select one of the following methods of payment for cost and construction:
(Note:reimbursement refers to payments collected by the County from properties connecting to the extension)
Section 21-28(a): Applicant constructs and pays. FKI
Section 21-28(b)(1): County constructs,applicant pays. ❑
Section 21-28(b)(2): County constructs,applicant and County share cost. ❑
Estimated Start Date MARCH 2020 Estimated Completion Date FEBRUARY 2021
Part C.
I hereby certify that all work requested above will conform to appropriate sections of the Hawai'i County Code.
Owner Signature: Date:
Department of Environmental Management, Wastewater Division
Approved by: Al 'j4 Date: U1,4-11 f,
Was irewiteIr i ' n Chief / - I
Approved by: Date:
Director of Environmental Management
Note: 1) Approval of the Application for Sewer Extension does NOT constitute approval for construction.
Approval for construction is provided by an approved Permit to Perform Work on the Public Sewer
System pending final approval by the Hawai'i County Council in accordance with Section 21-26.1 of the
Hawaii County Code.
2) Filing of Sewer Extension Resolution is not required for sewer lateral installations.
Hawaii County is an Equal Opportunity Provider and Employer
K\WastewaterkSeN%er Extension&Projects\Sewcr Extension Application and Resolution\SeAer Extension Application.docx
MA
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W Iy.
Stephen J. Menezes 441 Kipuni Street Hilo,Hawaii 96720
Attorney at Law Tel(808)934-8916 Fax(808)934-8916
e-mail,stephenmenezesO@,gmail.com
August 31,2018
Curtis Bailey
Department of Environmental Management
Wastewater Division
345 Kekuanaoa Street,Suite 41
Hilo,Hawaii 96720
Re:APPIC-1don for Sewer Extension:RCFC Kaloko Heights.LLC
Dear Mr.Bailey:
Your email to Keith Kato dated August 22,2018 regarding the referenced application for
sewer extension was forwarded to me. As Mr.Kato noted in his response to you,Hawaii Island
Community Development Corporation("HICDC")is not the applicant The applicant is RCFC
Kaloko Heights,LLC ("RCFC'. RCFC submitted its initial Application for Extension of Sewer
System to the Department of Environmental Management by letter dated August 16,2018. Please
consider this letter as providing information supplementing RCFC's initial letter Application of
August 16,2018.
On behalf of RCFC,I have enclosed DEMs form Application for Sewer Extension,signed
by RCFC on August 29,2018,and a proposed County Council resolution authorizing the sewer
extension. The application requests an extension of the public sewer system from lands owned by
RCFC described below.
RCFC's project is located on both the north and south sides of Hina Lani Street and
encompasses properties identified as TMI-Cs:(3)7-3-009:057,058,059,060,061 and 062( Kaloko
Heights,Phase I')and TNIK-(3)7-3-009:019 ("Kaloko Heights,Phase Il")- RCFC owns the above
identified properties,with the exception of parcel TMK:(3)7-3-009-059which is owned by Kaloko
Heights BIA Holdings,LLC(`'BIA')and parcel TMK:(3)7-3-009-019 which is owned by Kaloko
Heights Investors,LLC ('KHI'�. Both BIA and KHT have authorized and support the application
for sewer extension.
The project will include single-family,multiple,family and commercial uses. It will need to
be connected to the County of Hawaii's sewer system by way of a sewer line from the makai
boundary of the Phase I lands down Hina Lani Street and then along Ane Keohokalole Highway to
the existing sewer line terminus in the vicinity of the West Hawaii Civic Center.
Adjacent to RCFC's project is a 110 unit low income rental housing project being developed
by the Hawaii Island Community Development Corporation C'HICDC'J on TMK-(3)7-3-009-032.
HICDC supports RCFC's application for the extension of the sewer system as evidenced by its
enclosed letter of support. The HICDC project lands were conveyed to HICDC by RCFC. The
HICDC project received support from the Hawaii County Council in conjunction with the adoption
of Resolution No. 31-17 on January 25,2017. The HICDC project is targeted to be completed and
hatu104--phen J. Menezes 441 Kipuni Street Hilo,Hawaii 96720
Aftomey at Law Tel(808)934-8916 Fax(808)934-8916
e-mail:staphenmenezesO@gmaii.com
Curtis Bailey
Department of Environmental Management
August 31,2019
Page 2
ready for occupancy no later than July 31,2021. Funding considerations require that wastewater
from HICDCs project be treated at the County's Kealakehe wastewater treatment plant by that
date.
A map is enclosed depicting the location of the proposed sewer line extension to connect
both RCFCs and HICDC's project to the County of Hawaii's existing sewer line. The proposed
sewer line will consist of a gravity flow line and related improvements,including laterals provided
along the sewer line extension to connect existing lots in the future.
RCFC is proposing to finance and construct the sewer line extension by way of an
improvement district under Chapter 12,HCC. By choosing to construct the extension and hearing
the total cost of construction,we believe that RCFC qualifies,under section 21-28(a),HCC,to
receive for ten years after completion of the sewer extension one-half of all moneys for sewer
charges collected by the County from other properties connecting to the extension. We understand
that plans to reimburse RCFC for the construction will requite the approval of the County Council
by resolution. Our proposed County Council resolution approving the sewer extension contains
language to this effect.
We would appreciate your expeditious review of this application and your recommendation
for its approval to the County Council,pursuant to section 26-21(b),HCC.
Thank you for your consideration in this matter
Very truly yours,
PN JI. EZ'E_S2
Encls.
xc: Office of the Mayor
Planning Department
Department of Public Works
Mark Meyer,RCFC
Kaloko Heights BIA Holdings,UC
Kaloko Heights Investors,LLC
Thomas Yeh
William Moore
Keith Kato,HICDC
V of
COUNTY OF HAWAII STATE OF HAWAII
oil'
RESOLUTION NO, 502 20
A RESOLUTION RELATING TO THE FORMATION OF AN IMPROVEMENT
DISTRICT FOR THE CONSTRUCTION OF PUBLIC SEWER IMPROVEMENTS
LOCATED AT KALOKO AND KOHANAIKI,DISTRICT OF NORTH KONA,ISLAND
AND COUNTY OF HAWAII,STATE OF HAWAII.
WHEREAS,by Petition filed on January 29,2020(the"Petition"),RCTC KALOKO
HEIGHTS,LLC,a Delaware limited liability company,KALOKO HEIGHTS BIA
HOLDINGS,LLC,a Delaware limited liability company,and KALOKO HEIGHTS
INVESTORS,LLC,a Delaware limited liability company,hereinafter collectively referred to as
the"Petitioner",petitioned this County Council, in accordance with Section 12-16,Hawaii
County Code,to accept and grant the Petition and undertake all things necessary to initiate and
complete the formation of an Improvement District for the construction of certain public sewer
improvements;and
WHEREAS,the Petitioner designated certain parcels,identified as TMKs(3) 7-3-
009:019, 057, 058,059,060, 061 and 062,located at Kaloko and Kohanaiki,North Kona,
Hawai'i, as the area of land comprising the proposed Improvement District; and
WHEREAS,the Petitioner is the owner in fee simple of one hundred percent(100%)of
the entire assessable area within the proposed Improvement District;and
WHEREAS,the Petition has been fully considered by the County Council; now,
therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII,that:
1. The Petition is accepted; and
2. In accordance with the requirements of Hawaii County Code(HCC)Section 12-
16,Petition by One Hundred Percent of Frontage or Area,the Director of the Department of
Enviroru-nental Management is hereby directed to prepare and submit to the Council a report
meeting the requirements of HCC Section 12-10(a),including applicable surveys,plans,maps
and other data to create, define and establish the Improvement District in accordance with HCC
Sections 12-18, 12-19, 12-20 and 12-21,as applicable, in the same manner as though the plan for
the proposed improvements had been initiated by the Council on its own motion.
BE IT FINALLY RESOLVED that the Clerk of the County of Hawaii transmit copies
of this resolution to: (1)the Honorable Harry Kim,Mayor of the County of Hawaii; (2)the
Department of Finance;(3)the Department of Public Works; (4)the Department of
Environmental Management;(5)Office of the Corporation Counsel; and(6)Law Offices of Yeh
&Moore,Attn: Thomas L.H. Yeh, 10 Kamehameha Avenue, Hilo,Hawaii 96720-2830
(attorney for Petitioner).
Dated at Hilo,Hawaii,this lith day of March 2020.
INTRODUCED BY:
COUNCIL ME R,CMNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai'i AYES NOES ABS EX
Hilo,Hawaii CHUNG x
DAVID x
I hereby certify that the foregoing RESOLUTION was by EOFF x
the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI*I-KLErNFELDER X
County of Hawai'i on March 11- 2020 KIERKIEWICZ x
ATTEST: LEE LOY x
POINDEXTER x
RICHARDS x
VILLEGAS x
9 0 0 0
Reference: C-757/FC-107
�CLERK C fRPERSON a PRESIDING OFFICER RESOLUTION NO, i;00"'
&a. 2
PETITION FOR CREATION OF AN IMPROVEMENT DISTRICT
TO CONSTRUCT SEWER LINE EXTENSION
AND RELATED IMPROVEMENTS FROM KALOKO HEIGHTS,
PHASE I TO EXISTING SEWER LINE TERMINUS IN TSE VICINITY
OF WEST HAWAII CIVIC CENTER
KALOKO AND KOHANAHU,NORTH KONA,HAWAII
COUNTY COUNCIL OF THE COUNTY OF HAWAII
25 AUPUNI STREET
HILO,HAWAII 96720
WHEREAS,RCFC KALOKO HEIGHTS,LLC,a Delaware limited liability
company,whose address is 10100 Santa Monica Boulevard, Suite 1000,Los Angeles,
California 90067("RCFC"),KALOKO HEIGHTS BIA HOLDINGS,LLC,a Delaware
limited liability company,whose address is 10100 Santa Monica Boulevard, Suite 1000,Los
Angeles,California 90067 ("BIA"),and KALOKO HEIGHTS INVESTORS,LLC,a
Delaware limited liability company whose address is 10 100 Santa Monica Boulevard,Suite
1000,Los Angeles,California 90067("KIE"),all of which together are hereinafter collectively
referred to as the "PETITIONER",are developing a project consisting of single family
residential,multiple family residential, commercial,and open uses at Kaloko and Kohanaiki,
North Kona,Hawaii known as Kaloko Heights(the "Project"); and
WHEREAS,the Project is bisected by Hina Lani Street with approximately 193.24
acres on the north side of Hina Lani Street designated as Phase I ("Phase I"), and 193.93 11
acres on the south side of Hina.Lani Street designated as Phase 2("Phase 2");and
WHEREAS,the special improvements to be constructed under the proposed
Improvement District consist of a sewer line extension and related improvements beginning at
the makai boundary of Phase 1,extending west(makai)within Hina Lani Street and then along
1
Ane Keohokalole Highway to the existing sewer line terminus in the vicinity of the West
Hawaii Civic Center(the location of which sewer line extension and improvements is depicted
on Exhibit"All attached hereto);and
WIIEREAS,on March 28,2019,the County Council adopted Resolution No. 86-19
which authorized the construction of the proposed sewer line extension and related
improvements and which resolution contemplated that said improvements would be constructed
by way of an improvement district pursuant to Chapter 12 of the Hawaii County Code;and
WHEREAS,the Improvement District will confer special benefits, as defined by
Section 12-2(a)upon the lands to be assessed within said Improvement District;and
WHEREAS,other landowners may also connect to the proposed sewerline extension
and improvements in the future,including the Hawaii Island Community Development
Corporation for purposes of constructing an affordable housing development on that certain
parcel of land located to the west or makai of the Project area,on TMK: (3)7-3-
009:032(portion)and 057(portion).
THEREFORE,PETITIONER hereby submits this Petition to the County Council of
the County of Hawaii and requests,in accordance with Section 12-16,Hawaii County Code,
that the County Council,through appropriate Resolutions: (1)accept and grant this Petition;(2)
direct the Director,Department of Environmental Management,to prepare and submit to the
County Council a report meeting the requirements of Section 12-10(a),Hawaii County Code;
(3)approve and adopt such report,and create,define and establish the proposed Improvement
District in accordance with Sections 12-18, 12-19, 12-20 and 12-21,Hawaii County Code,as
applicable;and(4)initiate and do all other things necessary to complete the formation of the
proposed Improvement District at Kaloko and Kohanaiki,North Kona,Hawaii.
2
In furtherance thereof,PETITIONER submits and requests that the proposed
Improvement District be formed in accordance with and subject to the following.
I.
OWNERSHIP
PETITIONER is the owner in fee simple of one hundred percent(100%)of the entire
assessable area within the proposed Improvement District located at Kaloko and Kohanaiki,
North Kona,Hawaii,identified as TWM(3)7-3-009:019,057(portion),058(portion),059,060,
061 and 062,and more particularly described in the description attached hereto as Exhibit
VALUE OF ASSESSMENT UNITS/PUBLIC INTEREST
PETITIONER submits that the appraised value of the assessable area in the proposed
Improvement District is more than twice the estimated cost of the proposed special
improvements as will be shown by the appraisal being prepared by Integra Realty Resources,
under the supervision of the County of Hawaii Department of Finance,which appraisal will
meet the prevailing standards of appraisal used by banks for loans. PETITIONER fin Cher
submits that the special improvements are in the public interest,all within the meaning of
Section 12-16(b),Hawaii County Code.
BOUNDARIES OF THE RVIPROVEMENT DISTRICT
The boundaries of the proposed Improvement District,located at Kaloko and
Kohanaiki,North Kona,Hawaii,are shown on the map entitled"Proposed Kaloko Heights
Sewer Improvement District Boundaries",attached hereto as Exhibit"C". The attached map
3
shows the land specially benefited and the total assessable area of the proposed Improvement
District.
IV
DESCRIPTION OF EWROVEMEENTS/PLANS AND SPECIFICATIONS
The special improvements to be made consist of a sewer line extension and related
improvements to connect PETITIONER'S Project as well as the Hawaii Island Community
Development Corporation's Kaloko Heights Affordable Housing project,extending west within
the existing rights of way of Hina Lani Street and Ane Keohokalole Highway to the existing
sewer line within the Ane Keokahole Highway fronting the West Hawaii Civic Center.
The sewer line extension will be an all gravity system located within the existing rights-
of-way of Hina Lani Street and Ane Keohokalole Highway. The sewer line improvements will
consist of approximately 12,115 linear feet of an 8-inch to 12-inch polyvinyl chloride(PVC)
sewer pipe, 39 sewer manholes and 10 laterals to properties adjacent to Hina Lani Street and
Ane Keohokalole Highway along the project area. The sewer improvements have been
designed to accommodate the wastewater needs of PETITIONER'S Project,the Kaloko
Heights Affordable Housing Project,and the properties adjacent to the sewer line extension
based on the existing zoning.
Construction plans and specifications for the sewer line extension and related
improvements,prepared by Nancy E. Bums,P.E.,LLC,are currently under review by the
County of Hawaii Department of Environmental Management,the Department of Public Works
and the Department of Water Supply.
4
V.
LAND TO BE ACQUIRED
No land or easements need to be acquired for the construction of the sewer line
extension and related improvements as all such special improvements will be constructed
entirely within the existing rights-of way of Hina Lani Street and Ane Keohokalole Highway.
V1.
ESTIMATED COST OF IMPROVEMENTS
The preliminary estimate of the costs for the proposed Improvement District,including
incidental expenses incurred to date and those to be incurred in the future, and the cost of
construction of the special improvements,is$12,000,000.00. Incidental expenses include fees
and expenses authorized by the County for:(1)preliminary engineering surveys,maps,plans,
drawings and specifications;(2)County of Hawaii's bond counsel,financial adviser,appraiser,
special tax counsel and other County of Hawaii consultants,publication costs and other out-of-
pocket expenses, and a reasonable charge for County of Hawaii staff time and administrative
costs; (3)PETITIONER'S legal counsel, consultants,and all other expenses and costs
incurred by PETITIONER for the formation of the proposed Improvement District.
PETITIONER requests that all such fees,costs and incidental expenses advanced or
incurred by PETITIONER be made part of the cost of the special improvements and that after
due proceedings have been held as required by law,that the actual funds expended by
PETITIONER for such fees,costs and incidental expenses be reimbursed to PETITIONER at
such time as funds become available from the proceeds of the sale of the bonds for the
proposed Improvement District,pursuant to Section 12-7,Hawaii County Code.
5
VII.
METHOD-OFASSESSMEENT
PETITIONER requests that the applicable method of assessment for the proposed
Improvement District be determined pursuant to the provisions of Section 12-2,including
subsections(b)(1)and(2),Hawaii County Code. PETITIONER submits that the assessment
units within the proposed Improvement District have different uses which affect the nature or
extent of the special benefits to be conferred thereon by the special improvements,and that a
change in classification or use for certain of the assessment units is reasonably anticipated and
will result in increased special benefits to those assessment units, all within the meaning of
Section 12-2(b)(1)and(2),Hawaii County Code.
VIII.
METHOD OF PAYMENT OF ASSESSMENT
PETITIONER requests that the owners of the assessment units in the proposed
Improvement District be permitted to pay the assessment in one payment,or at the election of
each such owner of an assessment unit to pay the assessments in two hundred forty(240)
approximately equal monthly installment payments of principal and interest, as provided by
Sections 12-33 and 12-34,Hawaii County Code.
IX.
RESERVE FUND
PETITIONER requests that a reserve fund be established,pursuant to Section 12-50,
Hawaii County Code,as additional security for the payment of principal and interest on the
proposed Improvement District bonds,in an amount to be determined by the County Council.
X.
OWNERS'AUTHORIZED REPRESENTATIVE
PETITIONER designates RCFC,pursuant to Section 12-24(d),Hawaii County Code,
to act on their behalf as the owners'duly authorized representative("Owners'Representative").
3a.
11101),AWARD,ADMINISTRATION OF CONTRACT
PETITIONER requests,pursuant to Section 12-14(d),Hawaii County Code,that the
Owners'Representative be authorized to administer the bid process, award the work and
administer the contract or contracts for the construction of the special improvements,subject to
the County of Hawaii's oversight and approval as set forth in provisions of Section 12-24(d),
Hawaii County Code.
X11.
PROGRESS PAYMENTS
PETITIONER requests that the Owners'Representative receive payment of the
contract price of the special improvements by means of progress payments during the period of
the construction of the special improvements,such payments to be made in cash,pursuant to
Section 12-53(o,Hawaii County Code, and subject to the provisions of Section 12-24(d),
Hawaii County Code.
WHEREFORE,PETITIONER respectfully requests that the County Council accept
and grant this Petition and undertake all things necessary to initiate and complete the formation
of the proposed Improvement District located at Kaloko and Kohanaiki,North Kona,Hawaii.
7
IN WITNESS WHEREOF,PETITIONER has executed this petition as of the 74,A/
day of^��._y�,n�, 2020.
RCFC KALOKO�HEIGHTS,LLC
By:
Name: on A Giovara
Its:
KALOKO HEIGHTS BIA HOLDINGS,LLC
By:
Name: darww A
Its: - -
_
KALOKO BSG-S EIV19S'rT'ORS,LLC
Name:
Its:
ona Jgna ory
8
AARON S.Y.CHUNG
MATT KANEALPI-KLEINFELDER MAILS MEDEIROS DAVID
Chairperson HOLEKA GORO INABA
ASHLEY L.KIERKIEWICZ
HEATHER L.KIMBALL SUSAN L.K.LEE LOY
Vice Chair HERBERT M."TIM"RICHARDS,III
REBECCA VILLEGAS
HAWAII COUNTY COUNCIL
County ofHawai'i
Hawai'i County Building
25 A upuni Street
Hilo,Hawai'i 96720
June 28, 2021
Maile Medeiros David, Council Chair
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
RE: RESOLUTION NO. 158-21 DECLARING THE INTENTION OF THE
COUNTY OF HAWAII TO ESTABLISH A COMMUNITY FACILITIES
DISTRICT,DESIGNATED AS HAWAII COUNTY COMMUNITY FACILITIES
DISTRICT NO. 1-2021 (KALOKO HEIGHTS PROJECT), TO AUTHORIZE
FUNDING FOR PRESCRIBED SPECIAL IMPROVEMENTS, TO AUTHORIZE
LEVY OF A SPECIAL TAX,AND TO AUTHORIZE ISSUANCE OF BONDS
SECURED BY PROCEEDS OF THE SPECIAL TAX
Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of
Hawaii, this written request is submitted with my approval that the above-referenced matter be
waived from the Committee on Finance to the full Council for immediate action. In reviewing
this matter, timely approval is crucial. It is therefore advantageous that approval is granted and
the matter be placed onto the next Council agenda for review. However, in the event this request
is denied, for whatever reason, I understand the matter shall be referred to the Committee on
Finance for placement on its future agenda.
Sincerely,
Matt Kdneah'i-Kletelde Chairperson
Committee on Finan
pprove ate Council: Disapproved/Date/Refer to FC:
Maile Medeiros David, Council Chair Maile Medeiros David, Council Chair
Hawaii County Council JUN 2 9 2021 Hawaii County Council
MKKI/k
Hawai'i County is an Equal Opportunity Provider and Employer