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Foy, 4 M 1.11 <br />HAWAII COUNTY <br />COMMUNITY FACILITIES DISTRICT No. 1-2021 <br />(KALOKO HEIGHTS PROJECT) <br />A Special Tax applicable to each Tax Map Key Parcel in Hawaii County Community <br />Facilities District No. 1-2021 (Kaloko Heights Project) ("CFD No. 1-2021") shall be <br />levied and collected according to the tax liability determined by the County Council of <br />the County of Hawaii, through the application of the appropriate amount or rate for <br />Taxable Property, as described below. All of the property in CFD No. 1-2021, unless <br />exempted by law or by the provisions of Section F below, shall be taxed for the purposes, <br />to the extent, and in the manner herein provided. <br />A. DEFINITIONS <br />The terms hereinafter set forth have the following meanings: <br />"Acre" or "Acreage" means the land area of a TMK Parcel as shown on a Tax Map, or <br />if the land area is not shown on a Tax Map, the land area shown on the applicable Final <br />Plat Map, Development Plan, condominium plan, or other recorded parcel map. <br />"Administrative Expenses" means the following actual or reasonably estimated costs <br />directly related to the administration of CFD No. 1-2021: the costs of computing the <br />Special Taxes and preparing the annual Special Tax collection schedules; the costs of <br />collecting the Special Taxes (whether by the County or otherwise); the costs of remitting <br />the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in <br />the discharge of the duties required of it under the Indenture; the costs to the County of <br />complying with arbitrage rebate requirements; the costs to the County of complying with <br />disclosure requirements associated with applicable federal and state securities laws and of <br />the Code; the costs associated with preparing Special Tax disclosure statements and <br />responding to public inquiries regarding the Special Taxes; the costs of the County <br />related to an appeal of the Special Tax; the costs associated with the release of funds from <br />any escrow account; the County's administration fees and third party expenses; the costs <br />of County staff time and reasonable overhead relating to CFD No. 1-2021; the costs <br />incurred by the County in connection with the termination of the Special Tax in Tax Zone <br />2; and amounts estimated or advanced by the County for any other administrative <br />purposes of CFD No. 1-2021, including attorney's fees and other costs related to <br />commencing and pursuing to completion any foreclosure of delinquent Special Taxes. <br />Hawaii County CFD No. 1-2021 1 June 23, 2021 <br />