HomeMy WebLinkAboutCOM 0311.001 2020-2022 MtY OSN�•
P ' , • Ramzi I. Mansour
Mitchell D.Roth eyi_;q,
Mayor ;+: �.:!: //i* Director
Lee Lord •
•r r �°•"�`:••" Brenda lokepa-Moses
' • •OF'N Deputy Director
Managing Director P y
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
July 30, 2021
Maile Medeiros David, Council Chair; and
Members of the Hawai`i County Council ' ,
25 Aupuni Street f ,
Hilo, Hawai`i 96720
A. Introduction
This report has been prepared pursuant to Council Resolution No. 158-21 ("Resolution"), dui _
adopted on July 7, 2021. The Resolution accepted the RCFC Kaloko Heights, LLC's Petition to
Institute Community Facilities District to Construct Sewer Line Extension and Related
Improvements from Kaloko Heights to Existing Sewer Line Terminus in the Vicinity of West
Hawai`i Civic Center, Kaloko and Kohanaiki, North Kona, Hawai`i, in accordance with the
requirements of Hawai`i County Code (HCC) Chapter 32. The twelfth provision in the enacting
clause of the Resolution further directed the Director of the Department of Environmental
Management(DEM)to prepare and submit a Report of Facilities to the Council pursuant to HCC
Section 32-21 which requires the Director:
"to study the proposed district and, at or before the time of the hearing (or within sixty
days after adoption of the resolution of intention, or such earlier date established by the
council, if the hearing is waived pursuant to section 32-24), file a report with the council
containing a brief description of the proposed facilities by type which will in their
opinion be required to adequately meet the needs of the district, and their estimate of the
cost of providing those facilities."
The proposed Community Facilities District(CFD) contemplates the issuance of Special Tax
Bonds to fund the design and construction of a sewer line that will be installed in portions of
Hina Lath Street and Ane Keohokalole Highway Rights-of-Way (ROW), connecting the Kaloko
Heights project area to the existing sewer lines within Ane Keohokalole Highway that connect to
the County's Kealakehe Wastewater Treatment Plant(WWTP). Upon completion of the sewer
line improvements,the County will own, operate and maintain the system.
The proposed improvements, consisting exclusively of a sewer system, including the incidental
restoration of roadway and related improvements, are consistent with HCC Section 32-7(j) which
allows,wastewater systems or facilities to be financed by a CFD. I I
Comm. No. •
Ref. To: uunciI
Ref. Dote: _ AUG - 9 2021
1
Hawai`i County Community Facilities District No. 1-2021 (Kaloko Heights)
DEM Director's Report of Facilities
July 30, 2021
1. Petitioner
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 liabilitywhose
> company,p Y�
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 herein after collectively referred to as "Petitioner"have applied to
extend the public sewer system in accordance with Section 21- 26, Hawai`i County Code, to
service planned subdivision projects located on those certain lots identified as Tax Map Key(s)
(TMK): 7-3-009: 019, 057, 058, 059, 060, 061, 062, 070 and 071 ("Kaloko Heights, Phases 1
and 2"). Petitioner is the owner of one hundred percent(100%) of the area that will be subject to
a special tax within the CFD.
2. Kaloko Heights Project Location and Description
Petitioner is the owner of the Kaloko Heights project areas (Project Area) consisting of a total of
approximately 387.355 acres of land situated in Kaloko and Kohanaiki,North Kona. (Exhibit 1-
Map of Project Area). The property is bisected by Hina Lani Street with approximately 197.190
acres on the north side of Hina Lath Street(Phase 1) and 193.931 acres on the south side of Hina
Lath Street(Phase 2).
3. Sewer Line Project Location and Description
In order to provide wastewater service to the Project as well as the Kaloko Heights Affordable
Housing Project, Petitioner is proposing to construct a sewer line within portions of Hina Lath
Street and Ane Keohokalole Highway rights-of-way (ROW)to connect to the existing sewer line
terminus in Ane Keohokalole Highway fronting the West Hawai`i Civic Center. A map showing
the location of the proposed sewer line is included as Exhibit No. 2.
This sewer extension was authorized pursuant to Resolution No. 86-19 which was approved by
the Hawai`i County Council on March 28, 2019, in accordance with the requirements of HCC
Section 21-26. A copy of Resolution No. 86-19 is included as Appendix A.
On June 24, 2021, Petitioner filed a petition with the County of Hawai`i requesting the
establishment of a CFD in accordance with the requirements of Hawai`i County Code (HCC)
Section 32-20 that the County Council,through an appropriate Resolution:
(1) Describe the term and boundaries of the territory for inclusion in the CFD;
(2) State the name of the CFD;
(3) Identify the type of facilities proposed to be financed by the CFD;
2
Hawai`i County Community Facilities District No. 1-2021 (Kaloko Heights)
DEM Director's Report of Facilities
July 30, 2021
(4) State that a Special Tax sufficient to pay for all facilities, including incidental
expenses,will be annually levied within the CFD, including the estimated rate and
proposed method of apportionment in sufficient detail to allow each landowner to
estimate the maximum annual amount that the landowner will have to pay;
(5) State that the County intends to issue bonds payable from and secured by the
Special Tax; and
(6) Confirm that a public hearing on the establishment of the District is not required
pursuant to HCC Section 32-24 (Waiver of notice and hearing when a petition is
filed by owners of 100% of the land.
A copy of the Petition is included as Appendix B.
As discussed above, on July 7, 2021, the Hawai`i County Council adopted Resolution No. 158-
21 Declaring the Intention of the County of Hawai`i to Establish a Community Facilities District
Designated as Hawai`i County Community Facilities District No. 1-2021 (Kaloko Heights), 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. A copy of Resolution
No. 158-21 is included as Appendix C.
B. HCC Chapter 32, Community Facilities Districts
This following Report has been prepared in accordance with the requirements of Resolution No.
158-21 and HCC Chapter 32 related to Community Facilities Districts. The required information
pursuant to HCC §32-21 is presented below.
1. Background Information on Kaloko Heights Community Facilities District
The State Land Use Commission reclassified the Project Area from Agricultural to Urban
t�'
effective January 19, 1983. The order reclassified Phase 1 from Agricultural to Urban and
conditionally reclassified Phase 2 to Urban.
The County of Hawai`i approved the rezoning of the Project Area from Agricultural to Single
Family Residential 15,000 square feet(RS-15), Single Family Residential 10,000 square feet
(RS-10), Single Family Residential 7,500 square feet(RS-7.5), Multiple Family Residential
3,000 square feet(RM-3.0),Neighborhood Commercial 10,000 square feet (CN-10) and Open
(0)pursuant to Change of Zone Ordinance No. 83-63 (effective September 19, 1983), as
amended by Ordinance No. 86-91 (effective August 19, 1986).
The County General Plan Land Use Pattern Allocation Guide Map designates the area for Low
Density Urban and Medium Density Urban uses.
The property is bisected by Hina Lath Street with approximately 197.190 acres on the north side
of Hina Lani Street (Phase 1) and 193.931 acres on the south side of Hina Lath Street(Phase 2).
3
Hawai`i County Community Facilities District No. 1-2021 (Kaloko Heights)
DEM Director's Report of Facilities
July 30, 2021
A total of approximately 1,300 single and multiple family residential units are proposed within
the Project Area, including 581 units within the Phase 1 development area. The approved Site
Plan for Phase 1 is included as Exhibit No. 3.
The Kaloko Affordable Housing Project is proposed to be developed by the Hawai`i Island
Community Development Corporation on approximately 10.75 acres of adjoining land identified
as TMK: 7-3-009: 032. The affordable housing project is to consist of 100 multi-family
residential units, including 99 units that would be available to very low-income households) and
1 manager's unit. This area, along with sufficient water to develop the 100 residential units, has
been provided at no cost to HICDC by RCFC Kaloko Heights in order to address the affordable
housing requirements included as conditions of approval of the LUC Boundary Amendment and
Change of Zone ordinance.
The construction of the sewer improvements will allow the wastewater from the Project Area and
the Kaloko Heights Affordable Housing Project to be transmitted to and processed at the
County's Kealakehe WWTP. This will eliminate the need to construct private wastewater
treatment facilities serving these projects.
The property owners within the Kaloko Heights Project Area will be responsible to pay for one
hundred percent(100%) of the sewer development costs through the CFD special tax
assessments. While the Kaloko Affordable Housing Project is proposed to be served by the
sewer improvements,the area will not be included in the CFD in order to minimize development
costs of the affordable rental project.
The proposed sewer line improvements are outside of the County Special Management Area
(SMA) and therefore an SMA Use Permit is not required for the project.
2. Compliance with Hawaii Revised Statutes (HRS) Chapter 343
The proposed sewer improvements will be constructed within lands owned by the County of
Hawai`i. Any use of such lands require compliance with Hawai`i Revised Statutes Chapter 343,
Hawai`i Environmental Policy Act.
On July 10, 2019,the Hawai`i Housing Finance and Development Corporation approved the
Final Environmental Assessment(FEA) and the Findings of No Significant Impact(FONSI) for
the proposed Kaloko Heights Affordable Housing Project. This FEA included an assessment of
the potential impacts of the construction of the proposed sewer line extension improvements
within portions of the Hina Lath Street and Ane Keohokalole Highway right-of-way.
I The units are targeted to households with children earning less than 60%of the median income.In addition,at least
5%of the units will be set aside for eligible families experiencing homelessness,at risk of becoming homeless or
transitioning out of an emergency shelter or transitional housing program.
4
Hawai`i County Community Facilities District No. 1-2021 (Kaloko Heights)
DEM Director's Report of Facilities
July 30, 2021
The FEA determined that the construction of the sewer line improvements will not have an
adverse impact on any environmental resources, including but not limited to
archaeological/cultural sites, endangered species or any other ecosystem. Furthermore,the
proposed project would minimize the potential impact to the Kaloko-Honokohau National
Historical Park's groundwater resources by eliminating the need to construct private wastewater
treatment facilities immediately east(mauka) of these resources. Based on the approval of the
FEA and the FONSI and the publication of the Notice in the Office of Environmental Quality
Control's July 23, 2019, Environmental Notice,the proposed project has complied with the
requirements of Chapter 343.
3. The general character and extent of the proposed improvements
The CFD Project is an all-gravity system within Hina Lani Street and Ane Keohokalole Highway
extending from the future Holoholo Street intersection with Hina Lath Street to the existing
sewer line within Ane Keohokalole Street that services the County of Hawai`i's West Hawai`i
Civic Center. (See Exhibit No. 2)
The sewer line improvements consist of approximately 12,115 linear feet of polyvinyl chloride
(PVC) sewer pipe, 39 sewer manholes and 11 laterals to adjacent properties.
The sewer improvements have been designed to accommodate the projected wastewater flow
from the full buildout of the Kaloko Heights Project,the Kaloko Heights Affordable Housing
Project and the adjacent properties based on the existing zoning.
4. Land Acquisition
The proposed sewer line improvements will be constructed entirely within the existing Hina Lath
Street and Ane Keohokalole Highway rights-of-way. Therefore,the project will not require the
acquisition of any additional land or easements to construct the proposed sewer line
improvements.
5. Sewer Line Material
The recommended material for the proposed sewer improvements are in conformance with
DEM's standards and shall include,but are not limited to the following:
o 257 Lineal Ft., 8-inch PVC SDR-26 sewer pipe and fittings
o 6,167 Lineal Ft., 10-inch PVC SDR-26 sewer pipe and fittings
o 5,691 Lineal Ft., 12-inch PVC SDR-26 sewer pipe and fittings
o 14 Each, sewer manholes 5. 0'to 9.5' deep
o 7 Each, lined sewer manholes 5. 0'to 9.5' deep
o 2 Each, sewer manholes 9.51'to 15.0' deep
o 5 Each, lined sewer manholes 9.51'to 15.0' deep
5
Hawai`i County Community Facilities District No. 1-2021 (Kaloko Heights)
DEM Director's Report of Facilities
July 30, 2021
o 2 Each, lined sewer manholes 15. 01'to 20.0' deep
o 1 Each, lined shallow drop sewer manholes 5.0' to 9.99' deep
o 7 Each, lined shallow drop sewer manholes 10.0 to 14.99' deep
o 1 Each, lined drop sewer manholes 15.00'to 20.00' deep
o 11 Each, sewer lateral connections.
As part of the Project,the design engineer will coordinate the location of laterals to each
property with DEM to optimize connection convenience. The adjacent property owners will be
responsible for the improvements on their private property.
The sewer lines will be installed in trenches ranging in depth from 7'to 18'. The roadway will be
restored as required by the County of Hawai`i Department of Public Works.. If any landscaping
improvements are impacted by the proposed improvements, equivalent replacements will be
provided as part of the project.
6. Improvement District Boundary
The boundaries of the proposed CFD consisting of Increments 1 and 2 of the Kaloko Heights
Project are shown on Exhibit 4, "Proposed Kaloko Heights Sewer Improvement District
Boundary."
7. Project Cost
The total project cost, including design, construction, and administrative costs is estimated to
total approximately$11,496,724. A detailed breakdown of the costs is provided below:
Description Amount
Construction Costs
Mobilization $700,000
Trench Excavation and Tie-In $2,370,000
Sewer Pipe (8-12 Inch) $3,140,000
Back-Fill $1,465,000
Sewer Manholes, Cleanouts and Concrete Jacket $684,500
Road Resurfacing, Striping and Related Costs $394,020
Construction Subtotal $8,753,520
Contingency(20%) $1,750,704
Construction Costs Subtotal + Contingency $10,504,224
Other Costs
Design, Inspection and Construction Management $822,500
Project Management and Administration $170,000
Other Costs Subtotal $992,500
6
Hawai`i County Community Facilities District No. 1-2021 (Kaloko Heights)
DEM Director's Report of Facilities
July 30, 2021
Total Sewer Improvement Cost $11,496,724
A more detailed summary of the construction costs is included in Appendix D, Engineer's
Opinion of Probable Cost.
8. Necessary Plans,Data, Detail and Specification
All necessary plans and other data, details and specifications for the improvements and any other
matters or details intended to apply thereto are contained in the Sewer Line Improvements
approved by the Department of Public Works on August 13, 2020, Department of Water Supply
on September 11, 2020, and DEM on November 18, 2020. A set of the approved construction
plans and specifications is available upon request.
9. Public Interest
The construction of the sewer improvements will allow the wastewater from the Project Area as
well as the Kaloko Heights Affordable Housing Project to be transmitted to and processed at the
County's Kealakehe WWTP. This will eliminate the need for the construction of private
wastewater treatment facilities serving these projects. Future connections to the sewer line
improvements from other properties are also made possible due to the size and capacity of the
sewer line improvements,which will have a design flow capacity of approximately 1 million
gallons per day(the Kaloko Heights Project Area and Kaloko Heights Affordable Housing
Project are estimated to generate approximately average daily flow of 364,000 gallons at full
buildout). Furthermore,the proposed sewer line improvements:
o are consistent with the Hawai`i County General Plan's North Kona's Sewer
Course of Action to "expand the existing sewer collection system" and the Kona
Community Development Plan's (CDP)polices related to public utilities,
including Policy PUB-4.4 (encourage hookup to County sewer system to protect
nearshore waters), and Action PUB-4.4c (update sewerage master plan to service
the entire Kona Urban Area).
o reduce/minimize impacts on the groundwater resources, if any, including the
anchialine ponds and nearshore water within the Kaloko-Honokohau National
Historical Park.
o reduce development costs for HICDC's low-income rental project
o provide sewer service delivery capacity to the adjacent properties to sewer system
at no cost of construction.
Based on the above,the proposed Hawai`i County Community Facilities District No. 1-2021
(Kaloko Heights)will be in the public interest in accordance with the requirements of HCC
Chapter 32.
7
Hawai`i County Community Facilities District No. 1-2021 (Kaloko Heights)
DEM Director's Report of Facilities
July 30, 2021
10. Other Findings
a. The approved construction plans and related maps and specifications are available
upon request. These maps, final details,plans, and specifications shall be used as
the basis for the calling of bids and awarding of a contract for the work as
provided in this chapter.
b. The proposed Community Facilities District does not involve the construction and
installation of improvements to be taken or supervised by a cooperating
Department.
c. The proposed improvement district does not require the acquisition of any new
lands.
C. Conclusion
In accordance with the approval of Council Resolutions No. 86-19 and No. 158-21, it is the
finding of this report that the proposed sewer improvements are in the public interest and
adequately meet the needs of the district. Based on this finding, I in my capacity as the Director
of the Department of Environmental Management recommend that the Council authorize the
formation of the Kaloko Heights Sewer Community Facilities District in accordance with HCC
Chapter 32.
Ramzi I. Mansour,Director
Department of Environmental Management
Exhibit 1: Kaloko Heights Location Map
Exhibit 2: Map of Proposed Sewer Improvements
Exhibit 3: Revised Phase 1 Site Plan
Exhibit 4: CFD Phase 1 and Phase II Boundaries
Appendix A: Resolution No. 86-19: Authorizing the Extension of the Public Sewer from a
Planned Subdivision to the Existing Sewer Line terminus in Ane Keohokalole
Highway
Appendix B: Petition to Institute Community Facilities District to Construct Sewer Line
Extension and Related Improvements from Kaloko Heights to Existing Sewer
Line Terminus in the Vicinity of West Hawai`i Civic Center, Kaloko and
Kohanaiki,North Kona, Hawaii.
Appendix C: Resolution No. 158-21: Declaring the Intention of the County of Hawai`i to
Establish a Community Facilities District Designated as Hawai`i County
8
Hawai`i County Community Facilities District No. 1-2021 (Kaloko Heights)
DEM Director's Report of Facilities
July 30, 2021
Community Facilities District No. 1-2021 (Kaloko Heights),to Authorize
Funding for Prescribed Special Improvements,to Authorize Levy a Special Tax,
and to Authorize Issuance of Bonds Secured by Proceeds of the Special Tax
Appendix D: Engineer's Cost Estimate
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Kaloko Heights CFD Facilities District(CFD)Boundary
Phase 1 Boundary
Exhibit 4
County OS Hswsi i Community Facilites Distict No.1-2021(Hablm Heights)
Kaloko Heights
CFD BoundariesCFD Phase 2 Boundary • TMK: (3) 7-3-009: PARCELS 019, 057, 058, 059, 060, 061, AND 062
– —°
JANUARY OR,2020
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APPENDIX A
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 II") 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 I, 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 Hawai`i Island
Community Development Corporation.
Dated at Kona ,Hawai`i,this 28th day of March ,2019.
INTRODUCED BY:
fag ' 017/11WP-
(2.,
•UNCIL � MBER,COUNTY OF HA� I �l
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii • AYES NOES ABS EX
Hilo,Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted bythe COUNCIL of the
County of Hawaii on March 28, 219 KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
LEE LOY X
ATTEST: POINDEXTER X
RICHARDS X
VILLEGAS X
8 0 1 0
S—;t3=)1.
Reference: C-148/AI+IEEEMC-4
TY CLERK AIRPERSON&PRESIDIN •FFICER RESOLUTION NO. 86 19
2
41/2/,t2/7 1
Department of Environmental Management
Wastewater Division, County of Hawaii
Application For Sewer Extension
Part A. (must be completed)
Project Address: KALOKO & KOHANAIKI, NORTH KONA, HAWAII Date: August 29, 2018
TM K 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: 0 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 PROPERTIZS TO COUNTY OF HAWAII SEWER SYSTEM I
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. C
Section 21-28(b)(1): County constructs,applicant pays. 0
Section 21-28(b)(2): County constructs,applicant and County share cost. 0
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 Hawaii County Code.
Owner Signature:
____Z;&j/---"------ Date: S/25t k-
-
Department of Environmental Management, Wastewater Division
Approved by: 1 0,l 1.. ...e4— Date: /fit g
Wasfewater D. is on Chief /
/ /�` (~ Date: M/e
. Approved by: ,
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 ,
Hawai'i County Code.
2) Filing of Sewer Extension Resolution is not required for sewer lateral installations.
Hawaii County is an Equal Opportunity Provider and Employer
M:\Wastewater\Sewer Extension&Projects\Sewer Extension Application and Resolution\Sewer Extension Application.docx
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EXHIBIT 2, i
1
•
Stephen J. Menezes 441 Kipuni Street Hilo,Hawaii 96720
Attorney at Law Tel(806)934-8916 Fax(808)934-8916
e-mail:stephenmenezes0@gmail.com
August 31,2018
Curtis Bailey
Department.of Environmental Management
Wastewater Division
345 Kekuanaoa Street,Suite 41
• Hilo,Hawaii 96720
Re:Application 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 DEM's 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 TMKs:(3)7-3-009:057,058,059,060,061 and 062 ("Kaloko
Heights,Phase I") and TMK:(3)7-3-009:019 ("Kaloko Heights,Phase II"). RCFC owns the above
, identified properties,with the exception of parcel TMK:(3)7-3-009-059 whichis 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 KHI 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 Lath 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 ("HICDC") 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
EXHIBIT 3
.
Stephen J. Menezes 441 Kipuni Street Hilo,Hawaii 96720
Attorney at Law Tel(808)934-8916 Fax(808)934-8916
e-mail:stephenmenezes0@gmail.com
Curtis Bailey
Department of Environmental Management
August 31,2018
Page 2
ready for occupancy no later than July 31,2021. Funding considerations require that wastewater
from HICDC's 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 RCFC's 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 bearing
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 require 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(1)),HCC.
•
Thank you for your consideration in this matter .
Very truly yours,
40 , , _ -
/STEP 6 N J. '.EZES r
Ends.
xc: Office of the Mayor •
Planning Department
Department of Public Works
Mark Meyer;RCFC
Kaloko Heights BIA Holdings,LLC
Kaloko Heights Investors,LLC
Thomas Yeh
.William Moore
Keith Kato,HICDC
APPENDIX B
PETITION TO INSTITUTE COMMUNITY FACILITIES DISTRICT
TO CONSTRUCT SEWER LINE EXTENSION
AND RELATED IMPROVEMENTS FROM KALOKO HEIGHTS
TO EXISTING SEWER LINE TERMINUS IN THE VICINITY OF
WEST HAWAII CIVIC CENTER,
KALOKO AND KOHANAIKI , 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 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 193 .24 acres .on the north side of Hina Lani
Street, designated as Phase 1 ("Phase 1") , and 193 . 9311 acres on
side of Hina Lani Street designated the south as Phase 2 ("Phase
2") ; and
WHEREAS, the Petitioner proposes to construct certain
special improvements (the "Special Improvements") consisting of
a sewer line extension and related improvements beginning at the
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 West Hawaii
Civic Center (the location of which sewer line extension and
improvements is depicted on Exhibit "A" 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-
009: 032; 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
2
12, Hawaii County Code; and
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;
and
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
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 32, 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
3
a Resolution of Intention pursuant to Section 32-20, Hawaii
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.
I.
OWNERSHIP
PETITIONER is the owner in fee simple of one hundred
percent (100%) of the entire area of land proposed to be
included within the Community Facilities District located at
Kaloko and Kohanaiki, North Kona, Hawaii, identified as TMK (3) 7-
3-009: 019, 057, 058, 059, 060, 061, 062 and 070, and more
particularly described in the description attached hereto as
Exhibit "B" . There are no lessees of such land who, by the
express terms of any existing leases, are obligated to pay any
special taxes levied on such land under Chapter 32, Hawaii
County Code.
II .
ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT
IS IN THE PUBLIC INTEREST
PETITIONER submits that the establishment of the Community
Facilities District is in the public interest within the meaning
4
of Section 32-18 (b) , Hawaii County Code.
III .
BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT
The boundaries of the territory which is proposed for
inclusion in the Community Facilities District, 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" . The
attached map shows the entire area of land proposed to be
included within the Community Facilities District.
IV.
DESCRIPTION OF IMPROVEMENTS/PLANS AND 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 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
5
11 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. 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
6
and those to be incurred in the future, and the cost of
construction of the special improvements, is $ , 000, 000. 00 .
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
32-58, Hawaii County Code, and that the actual funds expended by
PETITIONER for suchfees, 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 .
WAIVER OF PUBLIC HEARING
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, PETITIONER 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
7
necessary to institute, establish, and complete the formation of
the Community Facilities District located at Kaloko and
Kohanaiki, North Kona, Hawaii.
IN WITNESS WHEREOF, PETITIONER has executed this Petition
as of the day of , 2021 .
RCFC KALOKO HEIGHTS, ,LLC
sd' $
By:
Name: AARON A. GIOVARA
Its : Authorized, Signatory
KALOKO HEIGHTS B] . HOLDINGS, LLC
By:
Name: AARON A. GIOVARA
Its : Authorized Signatory
KALOKO HEIGHTS sNVESTORS, LLC
By:
Name: AARON A. GIOVARA
Its : Authorized Signatory
8
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+ ^. + .v Rental t f;/
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Kaloko Heights 9,
■It � �� CFD Phase II �> 'C'� 14
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Proposed Sewer Extension y .L-
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to Kealakehe WWTP
~ Exhibit 2 > '4`
Kealakehe % I Kaloko Heights CFD Improvementsie.yeo,771.04;—_sr.v_:;
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VYWTP DEM Director's Re ort of Facilities - '
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HALOKO HEIGHTS AFFORDABLE HOUSING SUBDIVISION ,
TMK (3) 7-3-009: 070 Lot 1-B
Being a portion of 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 corner of Lot 1-A of Kaloko Heights Affordable Housing
Subdivision, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUAKO" being 13,545.46 feet South
and 13,922.20 feet West thence running by azimuths measured clockwise from
true South:
1. 162° 56' 05" 430.38 feet along Lot 7-C-1, along the
remainder of Gr. 2942 to
Hulikoa;
2. 252° 56' 05" 17.10 feet along Lot R-1 of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Hulikoa;
Thence along same on a curve to
the left with a radius of 530.00
feet, the chord azimuth and
distance being:
3. 315° 38' 10" 309.67 feet ;
4. 28° 39' 222.27 feet along Lot 1-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Hulikoa to the point of
beginning and containing an area
of 0.730 Acres.
Exhibit B
Kaloko Heights
Petition to Create CFD
I
KALOKO HEIGHTS AFFORDABLE HOUSING SUBDIVISION
TMK (3) 7-3-009: 057 Lot 2-A
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 Kaloko Heights Subdivision, the coordinates of
said point of beginning referred to Government Survey Triangulation Station
"PUAKO" being 12,084.36 feet South and 13,376.81 feet West thence running by
azimuths measured clockwise from true South:
1. 342° 54' 30" 1,355.82 feet along Lot 6 of Kaloko Heights
Subdivision, along the remainder
of Gr. 2942 to Hulikoa;
2. 334° 19' 46" 56.68 feet along same;
Thence along Lot 3-A 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° 40' 04" 152.51 feet ;
4. 60° 36' 268.78 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 radius of
30.00 feet, the chord azimuth
and distance being:
5. 18° 25' 40.29 feet ;
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. 137° 19' 343.64 feet ;
2
7. 118° 24' 242.79 feet along Lot R-1 of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 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:
8. 140° 40' 356.18 feet ;
9. 162° 56' 700.90 feet along Lot R-1 of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Hulikoa;
10. 252° 14' 30" 870.48 feet along Lot 59, along Gr. 9468 to
Mrs. Hottie Kinoulu;
11. 252° 43' 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.
3
KALOKO HEIGHTS AFFORDABLE HOUSING SUBDIVISION
TMK (3) 7-3-009: 058 Lot 3-A
Being portions of Grant 2942 to Hulikoa and
Royal Patent 8214, Land Commission Award 7715,
Apana 11 to Lota Kamehameha
Situate at Kaloko, North Kona, Hawaii, Hawaii
Beginning at the Southeast corner of this parcel of land, being also
the West corner of Lot 5 of Kaloko Heights Subdivision, the coordinates of
said point of beginning referred to Government Survey Triangulation Station
"PUAKO" being 14,733.05 feet South and 12,463.69 feet West thence running by
azimuths measured clockwise from true South:
Thence along Hina Lani Street,
along the remainder of. R. P.
8214, L. C. Aw. 7715, Ap. 11 to
Lota Kamehameha on a curve to
the left with a radius of
3,040.00 feet, the chord azimuth
and distance being:
1. 98° 01' 53" 799.68 feet ;
Thence along Lot R-1 of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of R. P. 8214, L. C. Aw. 7715,
Ap. 11 to Lota Kamehameha on a
curve to the right with a radius
of 30.00 feet, the chord azimuth
and distance being:
2. 134° 43' 25" 42.15 feet ;
3. 179° 21' 717.31 feet along Lot R-1 of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of R. P.
8214, L. C. Aw. 7715, Ap. 11 to
Lota Kamehameha and Gr. 2942 to
Hulikoa;
4
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:
4. 167° 47' 30" 212.39 feet ;
Thence along Lot 2-A of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of Gr. 2942 to Hulikoa on a
curve to the right with a radius
of 30.00 feet, the chord azimuth
and distance being:
5. 198° 25' 40.29 feet ,
6. 240° 36' 268.78 feet along Lot 2-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 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:
7. 244° 40' 04" 152.51 feet ;
8. 334° 19' 46" 3.32 feet along Lot 6 of Kaloko Heights
Subdivision, along the remainder
of Gr. 2942 to Hulikoa;
Thence along the same on a curve
to the right with a radius of
600.00 feet, the chord azimuth
and distance being:
9. 248° 42' 23" 91.58 feet .
10. 253° 05' 214.11 feet along Lot 6 of Kaloko Heights
Subdivision, along the remainder
of Gr. 2942 to Hulikoa;
11. 342° 54' 30" 1065.99 feet along Lot 4 of Kaloko Heights
Subdivision, along the remainder
of Gr. 2942 to Hulikoa and R. P.
8214, L. C. Aw. 7715, Ap. 11 •to
Lota Kamehameha;
5
Thence along Lot 5 of Kaloko
Heights Subdivision, along the
remainder of R. P. 8214, L. C.
Aw. 7715, Ap. 11 to Lota
Kamehameha on a curve to the
left with a radius of 70.00
feet, the chord azimuth and
distance being:
12. 31° 16' 22" 38.06 feet ;
13. 15° 30' 355.73 feet along Lot 5 of Kaloko Heighta
• Subdivision, along the remainder
of R. P. 8214, L. C. Aw. 7715,
Ap. 11 to Lota Kamehameha to the
point of beginning and
containing an area of 22.952
Acres.
TMK No. (3)7-3-009-059 Lot 4
All of that certain parcel of land (being portion(s) of the
land(s) described in and covered by Grant 2942 to Hulikoa and
Royal Patent 8214, Land Commission Award 7715, Apana 3 to Lota
Kamehameha) situate, lying and being at Kaloko and Kohanaiki,
South Kona, island of Hawaii, State of Hawaii, being LOT 4 of
KALOKO HEIGHTS SUBDIVISION, and thus bounded and described as
per survey dated March 14, 2006, to-wit:
Beginning at the southeast corner of this parcel of land,
being also the northeast corner of Lot 5 of Kaloko Heights
Subdivision, same being a portion of Royal Patent 8214, Land
Commission Award 771'5, Apana 1 to Lata Kamehameha, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "MOANUIHBA" being 14.501.46 feat
south and 11,702.55 feet west and thence running by azimuths
measured clockwise from true South:
1. Along Lot 5 of Kaloko Heights Subdivision, same being a
portions of R.P. 8214.
L.C.Aw. 7715, Ap. 1 to Lots
Kamehameha, on a curve to the
right with a radius of 60.00
feet, the chord azimuth and
distance being:
720 42' 82.91 feet:
2. 1160 24' 465.61 feet along Lot 5 Kaloko
Heights Subdivision, name
6
being a portions of R.P.
8214, L.C.Aw. 7715, Ap. 1 to
Lots Kamehameha;
3. 470 10' 55.00 feet along Lot 5 Kaloko
Heights Subdivision, same
being a portions of R.P.
8214, L.C.Aw. 7715, Ap. 1 to
Lota Kamehameha;
4. 1070 50' 43.19 feet along Lot S of Kaloko
Heights Subdivision, same
being a portions of R.P.
8214, L.C.Aw. 7715, Ap. 1 to
Lota Kamehameha;
5. Thence along Lot S of Kaloko Heights Subdivision, same
being a portions of R.P.
8214, L.C.Aw. 7715, Ap. 1 to
Lota Kamehameha, on a curve
to the left with a radius of
70.00 feet, the chord azimuth
and distance being:
770 26' 22° 70.83 feet;
6. 1620 54' 30• 1065.99 feet along Lot 3 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha;
1. 2530 05' 251.96 feet along Lot 6 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha;
8. Thence feet along Lot 6 of Kaloko Heights Subdivision,
same being portions of Grant
2942 to Hulikoa and R.P.
8214, L.C.Aw. 7715, Ap. 1 to
Lota Kamehameha, on a curve
to the right with a radius of
600.00 feet, the chord
azimuth distance being:
2970 59' 45" 847.23 feet;
9. 342• 54' 30° 271.54 feet along Lot 6 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha,
7
10. Thence along Lot 6 of Kaloko Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. a214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha, on a curve to the
right with a radius of 600.00
feet. the chord azimuth and
distance being:
40 59' 45" 451.23 feet;
11. 270 05' 39.86 feet along Lot 6 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.AW. 7715, Ap.l to Lota
Kamehameha;
12. 29° 00' 106.08 feet along Lot 6 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha to the point of
beginning and containing an
area of 22.010 Acres, more or
less.
TMK No. (3)7-3-009-060 Lot 5
All of that certain parcel of land (being portion(a) of the
land(e) described in and covered by Royal Patent 8214, Land
Commission Award 7115, Apana 1 to Lota Kamehameha) situate,
lying and being at Kaloko, South Kona, Island of Hawaii, State
of Hawaii, being LOT 5 of KALOKO HEIGHTS SUBDIVISION and thus
bounded and described as per survey dated March 16, 2006, to
wits
Beginning at the southeast corner of this parcel of land,
being also the south corner of Lot 6 of Kaloko Heights
Subdivision, same being a portions of Grant 2942 to Hulikoa
and Royal Patent 8214, Land Commission Award 7715, Apana 1 to
Lota Kamehameha and along the north side of Hina Lani Street,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station 'MOANUIHEA" being
14.920.88 feet south and 11,950.38 feet west and thence
running by azimuths measured clockwise from true South:
1. Along the north side of Hina Lani Street. on a curve to
the left with a radius of
3040.00 feet, the chord
azimuth and distance being;
110° 46' 28" 549.50 feet;
8
•
2. 195° 30' 355.73 feet along Lot 3 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha;
3. Thence along Lot 3 of Kaloko Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 5214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha, on a curve to the
right with a radius of 70.00
feet. the chord azimuth and
distance being:
241° 40' 100.99 feet;
4. 287° 50' 43.19 feet along Lot 4 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lot
Kamehameha;
5. 227° 10' 55.00 feet along Lot 4 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha;
6. 296° 24' 465.61 feet along Lot 4 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw, 7715. Ap. 1 to Lota
Kamehameha;
7. Thence along Lot 4 of Kaloko Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha, on a curve to the
left with a radius 0 60.00
feet, the chord azimuth and
distance being:
252° 42' 82.91 feet;
0. 29° 00' 192.91 feet along Lot 6 of Kaloko
Heights Subdivision. came
being portions of Grant 2942
to Hulikoa and R.P 8214,
L.C.Aw. 7715, Ap. 1 to Lots
Kamehameha;
9
9. 27° 05' 280.59 feet along Lot 6 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha;
10. Thence along Lot 6 of Kaloko Heights Subdivision. same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Leta
Kamehameha, on a curve to the
right with a radius of 20.00
feet, the chord azimuth and
distance being:
71° 31' 18" 28.01 feet to the point of beginning
and containing an area of
6.270 Acres, more or less.
TMK No. (3)7-3-009-061 Lot 6
All of that certain parcel of land (being portional of the
land(s) described in and covered by Grant 2942 to Hulikoa and
Royal Patent 8214, Land Commission Award 7715, Apana 1 to Lota
Kamehameha) situate, lying and being at Kaloko and Kohanaiki.
South Kona, Island of Hawaii, State of Hawaii. being LOT
6 of
KALOKO HEIGHTS SUBDIVISION and thus bounded and described as
per survey dated March 14, 2006, to wit:
Beginning at the south corner of this parcel of land, being
also the southeast corner of Lot 5 of Kaloko Heights
Subdivision, same being a portion of Royal Patent 8214, Land
Commission Award 7715, Apana 1 to Lota Kamehameha and along
the north side of Hina Lani Street, the coordinates of said
point of beginning referred to Government Survey Triangulation
Station "HOAHUIHBA" being 14,928.88 feet south and 11,950.38
feet west and thence running by azimuths measured clockwise
from true South:
1. Along Lot 5 of Kaloko Heights Subdivision, same being a
portion of R.P. 8214, L.C.Aw.
7715, Ap. 1 to Lota
Kamehameha, on a curve to the
left with a radius of 20.00
feet, the chord azimuth and
distance being:
251° 31' 18• 28.01 feet,
2. 207° 05' 280.59 feet along Lot 5 of Kaloko
Heights Subdivision, same
being a portion of R.P. 8214,
L.C.Aw. 7715, Ap, 1 to Lota
Kamehameha,
10
3. 209° 00' 298.99 feet along Lot 5 of Kaloko
Heights Subdivision, same
being a portion of R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha and Lot 3 of
Kaloko Heights Subdivision,
same being portions of Grant
2942 to Hulikoa and R.P.
8214, L.C.Aw. 7715, Ap. 1 to
Lota Kamehameha;
4. 207° 05' 39.86 feet along lot 4 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha;
S. Thence along Lot 4 of Kaloko Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha, on a curve to the
left with a radius of 600.00
feet, the chord azimuth and
distance being:
184° 59' 45° 451.23 feet;
6. 162° 54' 30" 271.54 feet along Lot 4 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 6214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha;
7. Thence along Lot 4 of Kaloko Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha, on a curve to the
left with a radius of 600.00 •
feet, the chord azimuth and
distance being,
117° 59' 45" 847.23 feet;
B. 73° 05' 466.08 feet along Lots 4 and 3 of
Kaloko Heights Subdivision,
same being portions of Grant
2942 to Hulikaa and R.P.
8214, L.C.Aw. 7715, Ap. 1 to
Lota Kamehameha;
9. Thence along Lot 4 of Kaloko Heights Subdivision, same
being portions of Grant 2942
11
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha, on a curve to the
, left with a radius of 660.00
feet, the chord azimuth and
distance being:
680 42' 23" 91.58 feet;
10. 154° 19' 46" 60.00 feet along Lot 3 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Leta
Kamehameha;
11. 1620 54' 30" 1355.82 feet along Lot 2 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lata
Kamehameha;
12. 2520 43' 20" 989.70 feet along Grant 5912 to John
Broach;
• 13. 342° 54' 30" 1372.54 feet along Lot 7 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap.- 1 to Lota
Kamehameha;
14. 160 29' 108.80 feet along Lot 7 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and•R.P 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha;
15. Thence along Lot 7 of Kaloko Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214.
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha, on a curve to the
right with a radius of 660.00
feet, the chord azimuth and
distance being:
3140 41' ' 45" 624.02 feet;
16. 342° 54' 30" 271.54 feet along Lot 7 of Kaloke
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha;
12
•
17. Thence along Lot 7 of Kaloko Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P, 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha, on a curve to the
right with a radius of 660.00
feet, the chord azimuth and
distance being:
48 59' 45" 496.35 feet;
1B. 27° 05' 39.86 feet along Lot 7 of Kaioko
Heights Subdiviaion, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha;
19. 250 10' 298.99 feat along Lot 7 of Kaloko
Heights Subdivieion, same
being portions of Grant 2942
• to Hulikoa and R.P. 8214.
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha;
•
20. 27° 05' 280.59 feet along Lot 7 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha;
21. Thence along Lot 7 of Kaloko Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214.
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha, on a curve to the
left with a radius of 20.00
feet, the chord azimuth and
distance beings
342° 381 420 28.01 feet; •
22. Thence along the north side of Hina Lani Street, on a
curve to the left with a
radius of 3040.00 feet. the
chord azimuth and distance
being:
117° 05' 119.22 feet to the point of
beginning and containing an
area of 35.354 Acres, more or
less.
13
TMK No. (3)7-3-009-062 Lot 7
All of that certain parcel of land (being portion(s) of the
land(s) described in and covered by Grant 2942 to Hulikoa and
Royal Patent 0214, Land Commission Award 7715, Apana 1 to Lots
Kamehameha) situate, lying and being at Kaloko and Kohanaiki,
South Kona, Island of Hawaii. State of Hawaii, being LOT 7 of
KALOKO HEIGHTS SUBDIVISION, and thus bounded and described as
per survey dated March 14, 2006, to-wit:
Beginning at the southeast corner of this parcel of land,
being also the southwest corner of Lot 31 of Kona Heavens Unit
II (File Plan 1537) and along the north side of Mina Lani
Street, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "MOANDIHS'A" being
16,037.48 feet south and 10,423.75 feet west and thence
running by azimuths measured clockwise from true South:
1. 120° 01' 35" 1250.00 feet along the north side of
Hine Lani Street;
2, Thence along the north side of Hine Lani Street, on a
curve to the left with a
radius of 3040.00 feet, the
chord azimuth and distance
being:
123° 07' 520.36 feet;
3. Thence along Lot 6 of Kaloko Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Late
Kamehameha, on a curve to the
right with a radius of 20.00
feet, the chord azimuth and
distance being:
162° 38' 42" 28.01 feet;
4. 207° 05' 280.59 feet along Lot 6 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and H.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lots
Kamehameha:
5. 205° 10' 298.99 feet along Lot 6 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Leta
Kamehameha;
6. 207° 05' 39.86 feet along Lot 6 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
14
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha,
7. Thence along Lot 6 of Kaloko Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.AW. 7715, Ap. 1 to Leta
Kamehameha, on a curve to the
left with a radius of 660.00
feet, the chorda azimuth and
distance.being:
1046 59' 45" 496.35 feet;
B. 162° 54' 30" ~-271.54 feet along Lot 6 of Kaloko
Heights Subdivision, Same
being portions of Grant 2942
to Hulikoa and R.P. 8214.
L.C.AW. 7715, Ap. 1 to Luta
Kamehameha;
9. Thence along Lot 6 of Kalako Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.AW. 7715, Ap. 1 to Lota
Kamehameha, on a curve to the
left with a radius of 660.00
feet, the chord azimuth and
distance being:
134° 41' 45' 624.02 feet;
10. 196° 29' 108.80 feet along Lot 6 of Kaloko
• Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha;
11. 162° 54' 30" _ 1372.54 feet along Lot 6 of Kaloko
Heights Subdivision, same
being portions of Grant 2942
to Hulikoa and R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha;
• 12. 252° 43' 20" 236.42 feet along Grant 5912 to John
Broach to a spike in concrete
(fnd);
13. 241° 10' 408.9L ' feet along Grant 5912 to John
Broach to a 1/2" pipe (fnd);
14. 234° 45' 20' 514.16 feet along Grant 5912 to John
Broach to 1/2" pipe in
concrete (fnd);
15
15. 3430. 02' 28" 1094.77 feet along Grant 2030 to
Kaiakoili and Lot B, name
being a portion of Grant 2030
to Kaiakoili to a 1/2° pipe
in concrete (fed) ;
•
Boundary follows along the
middle of atone wall, name --
being along Grunt 2942 to
Hulikoa for the next three
(3) courses, the direct
azimuth and distance between
said middle of stone wall
being:
16. 71° 27' 50" 120.74 feet;
17. 73° 45' 25.67 feet;
18. 730 14' 52.58 feet to a 1/2° pipe in
concrete '(fnd);
19. 344° 45' 40" 252.51 feet along a portion of Grant
2942 to Hulikoa to a nail in
concrete (fnd);
Boundary follows along the
middle of atone wall, same
being along Grant 2942 to
Hulikoa for the next eight
• (8) coureea, the direct
azimuth and distance between
said middle of stone wall
being:
20. 2310 28' 30" 50.60 . feet to a nail on concrete
(fed) ;
21. 244° 41' 19.06 feet to a nail in concrete
(End) :
22. 250° 32' 25.05 feet to a 1/2" pipe in
concrete (fnd);
23. 262° 21' 30" 45.45 feet;
24. 2560 24' 30° 33.01 feet;
25. 255° 05' 30° 29.30 feet;
26. 165° 13' 30" 5.89 feet;
27 273° 01' 8.80 feet;
28. 343° 02' 28° 191.65 feet along a portion of Grant
2030 to Kaiakoili,
16
29. 71° 55' 104.49 feet along Lot A, being a
portion of Grant 2942 to
Hulikoa to a 1/2° pipe in
concrete (End) ;
30. 332° 16' 30" 63.04 feet along Lot A, being a
portion of Grant 2942 to
Hulikoa to a spike in
concrete (End):
31. 680 10' 15" 209.40 feet along Lot A, being a
portion of Grant 2942 to
Hulikoa to a 3/4" pipe in
concrete (End);
32. 90° 16' 45" 16.00 feet along Lot A. being a
portion of Grant 2942 to
Hulikoa to 1/2" pipe (End);
33. 61° 45' 45" 41.20 feet along Lot A, being a
portion of Grant 2942 to
Hulikoa to a 3/4" pipe in
concrete (End);
34. 344° 31' 45" 110.70 feet along Lot A, being a
portion of Grant 2942 to
Hulikoa to a nail in concrete
(End);
35. 337° 41' 45" 42.20 feet along Lot A, being a
portion of Grant 2942 to
Hulikoa to a nail in concrete
(End);
36. 926° 27' 45" 44.70 feet along Lot A, being a
portion of Grant 2942 to
Hulikoa to a nail in concrete
(End);
37. 310° 56' 45" 66.00 feet along Lot A, being a
portion of Grant 2942 to
Hulikoa;
36. 233° 55' 45" 117.20 feet along Lot A, being a j
portion of Grant 2942 to
Hulikoa;
39. 240° 3S' 45" 101.10 feet along Lot A, being a
portion of Grant 2942 to
Hulikoa;
40. 2550 16' 15" 112.15 feet along Lot A,'being a
portion of Grant 2942 to
Hulikoa to a 1/2" pipe in
concrete (End);
17
•
•
41. 338" 20' 20" 182.00 feet along Lot 2, being a
portion of Grant 2030 to
Kaiakoili:
42. 760 11' 35" 476.60 feet along Lot 21, Anini
Street and Lot 22 of Kona
Heavens Unit III (File Plan
1837) to a 1/2" pipe (fnd);
43. 3420 56' 05" 2931.57 feet along Lota 22, 23. 24,
25,26, Roadway Lot, 27, 28
and 29 of Kona Heavena Unit
III (File Plan 1837); and
Lots 27, 28, 29, Hamiha
Street, 30 and 31 of Kona
Heavens Unit II (Pile Plan
1537) to the point of
beginning and containing an
area of 80.114 Acres, more or
leas.
TMK No. (3)7-3-009-019 Lot 3-A
All of that certain parcel of land (being portion of the
land(e) described in and covered by Royal Patent 8214, Land
Commission Award 7715, Apana 11 to Lota Kamebameha) situate,
lying and being on the westerly side of Hina Lani Street at
Kaloko, District of North Kona, Island and County of Hawaii,
State of Hawaii, being LOT 3-A and thus bounded and described
an per survey prepared by Ronaldo B. Aurelio, Land Surveyor
with Engineering Division, Department of Water Supply. County
of Hawaii:
Beginning at the southeast corner of this parcel of land. the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "NOANUTAHBA" being 17,900.76 feet
south and 9,827.20 feet west and running by' azimuths measured
clockwise from true South:
1. 75' 24' 06" 134.50 feet along Royal Patent
7587, Lend Commission
Award 11216, Apana 36 to
rekaunohi;
2. 670 03' 45' 54.20 feet along came:
3. 82' 52' 45' 97.50 feet along same;
4. 760 53' 15" 312.20 feet along same,
5. 790 26' 45" 85.70 feet along same;
6. 580 09' 45" 21.30 feet along game;
7. 900 25' 45" 71.05 feet along gamer
18
8. 79" 12' 25° 43.60 feet along name;
9, 670 11' 25° 105.60 feet along same;
10. 79° 33' 45" 230.20 feet along 'same;
11. 69° 35' 45" 96.95 feet along same;
12. 820 14' 45° 64.50 feet along same;
13. 100° 20' 45" 22.00 feet along Same;
14. 76° 01' 05" 120.69 feet along same; ,
15. 88° 23' 45° 76.80 feet along same;
16. 83° 22' 15° 187.10 feet along same;
17. 85° 16' 35° 930.46 feet along same;
18. 162° 56' 05" 3,858.19 feet along the remainder
of Royal Patent 214,
Land Commission Award
•
• 7715, Apana 11 to Lota
Kamehameha;
Thence along the southerly aide of Kine Lani Street on a curve
to the right with a
radium of 2,960.00 feet,
the chord azimuth and
distance being;
• 19. 283° 50' 36" 1,958.79 feet;
20. 33° 41' 196.00 feet along Lot 3-8;
21. 303° 41' 315.00 feet along name;
22. 213° 41' 182.75 • feet along name;
23. 308° 01' 35" 1,300.37 feet along the southerly
aide of Rine Lani
Street;
•
24. 342° 56' 05" 1,092.98 feet along Kona Heavens '
Subdivision, Unit i,
Pile Plan 1423 to the
point of beginning and
containing an area of
8,447,641 square feet or
193.9311 acres, more or
lees.
•
EXHIBIT "B"
19
TMK (3) 7-3-009-071 Lot R-1
KALOKO HEIGHTS AFFORDABLE HOUSING SUBDIVISION
LOT R-1
Being portions of Grant 2942 to Hulikoa and
Royal Patent 8214, Land Commission Award 7715,
Apana 11 to Lota Kamehameha
Situate at Kaloko, North Kona, Hawaii, Hawaii
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
coordinates of said point of beginning referred to Government Survey
Triangulation Station "PUAKO" being 12,374.09 feet South and 14,281.79 feet
West thence running by azimuths measured clockwise from true South:
1. 252° 14' 30" 68.52 feet along Lot 59, along Grant 9468
to Mrs. Hottie Kinoulu;
342° 43' 25" 700.90 feet alongLot 2-A of Kaloko Heights '
2. g
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Hulikoa;
Thence along same on a curve to
the left with a radius of 470.00
feet, the chord azimuth and
distance being:
3. 320° 40' 356.18 ..feet ;
4. 298° 24' 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 Huliko
on a curve to the right with a
radius of 530.00 feet, the chord
azimuth and distance being:
5. 328° 52' 30" 537.59 feet ;
6. 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. 8214, L. C.
Aw. 7715, Ap. 11 to Lota
Kamehameha;
Pop1M3
20
Thence along Lot 3-A of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of R. P. 8214, L. C. Aw. 7715,
Ap. 11 to Lota Kamehameha on a
curve to the left with a radius
of 30.00 feet, the chord azimuth
and distance being:
7. 314° 43' 25" 42.15 feet ;
Thence along the North side of
Hina Lani Street, along the
remainder of R. P. 8214, L. C.
Aw. 7715, Ap. 11 to Lota
Kamehameha on a curve to the
left with a radius of 3,040.00
feet, the chord azimuth and
distance being:
8. 89° 21' 07" 119.02 feet ;
Thence along Lot 1-A of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of R. P. 8214, L. C. Aw. 7715,
Ap. 11 to Lota Kamehameha on a
curve to the left with a radius
of 30.00 feet, the chord azimuth
and distance being:
9. 223° 47' 24.5" 42.01 feet ;
10. 179° 21' 717.31 feet along Lot 1-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of R. P.
8214, L. C. Aw. 7715, Ap. 11 to
Lota Kamehameha and Gr. 2942 to
Huliko;
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 distance being:
11. 148° 52' 30" 476.73 feet ;
Page 2°13
21
12. 118° 24' 242.79 feet along Lot 1-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Huliko;
Thence along Lot 1-A and Lot 1-B
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 being:
13. 135° 30' 40" 311.88 feet ;
14. 72° 56' 05" 17.10 feet along Lot 1-B of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Huliko;
15. 162° 56' 05" 794.94 feet along Lot 7-C-1, along the
remainder of Gr. 2942 to Huliko
to the point of beginning and
containing an area of 3.766
Acres.
• Description Prepared By:
O LICENSED N
0; PROFESSIONAL
LAND X 0/20
* SURVEYOR * •
No.10544 Rommel C. Ofalsa
Licensed Professional Land Surveyor
#5, Nr"'
v• Certificate No. 10544
December 6, 2019
TMK: (3) 7-3-009: 032 (portion) , 057 (portion) , 058
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(OWNER) // / KA10K0 HEIGHTS INrLST08 LLC
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Exhibit C
Kaloko Heights CFD Kaloko Heights
1 Phase I Boundary t ',., Petition to Create CFD
1 Kaloko Heights
CFD Phase II Boundary
POO
JANEWEI OP,2020
903 MO:IBM ®k!_1`411 at.319'-5.5 SG.A.
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APPENDIX C\47 ,
COUNTY OF HAWAII1z A _ STATE OF HAWAII
RESOLUTION NO. 8
1
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
WHEREAS,RCFC 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 (collectively, together with their
successors and assigns, the "Petitioner") are developing a project, known as "Kaloko Heights,"
consisting of single family residential,multiple family residential, commercial, and open uses at
Kaloko and Kohanaiki,North Kona, Hawaii(the"Project"); and
WHEREAS, in connection with the Project, the Petitioner proposes to construct certain
special improvements (the "Improvements") consisting of a sewer line extension and related
improvements that will serve the Project and other properties that may be connected to the
Improvements in the future, including the Hawaii Island Community Development
Corporation's affordable housing development to be constructed in the vicinity of the
Improvements; and
WHEREAS, on March 28, 2019, the County Council of the County of Hawaii (the
"Council") adopted Resolution No. 86-19 which authorized the construction of the
Improvements;and
WHEREAS, by Petition dated January 29, 2020 (the "Original Petition"), the Petitioner
requested the County's assistance in financing the Improvements through the formation of an
improvement district and issuance of bonds pursuant to Chapter 12,Hawaii County Code; and
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; and
415963.6
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WHEREAS, although Resolution No. 86-19, the Original Petition and Resolution No.
502-1 contemplated that the Improvements would be constructed through the establishment of an
improvement district and issuance of bonds pursuant to Chapter 12, Hawai`i County Code, the
Petitioner and the County of Hawai`i Department of Finance have jointly determined, upon
consultation, that it would be more appropriate to construct the Improvements through the
establishment of a community facilities district and the issuance of bonds pursuant to Chapter 32, k
Hawai`i County Code.
WHEREAS, in view of such determination, the Petitioner has submitted a new Petition
dated June 24, 2021 (the "Petition") whereby it (i) has withdrawn the Original Petition and its
request thereunder for the County's assistance under Chapter 12, Hawaii County Code, and (ii) g
is requesting, in accordance with Section 32-18(a), Hawai`i County Code, that the Council: (a) g
institute the procedure for the establishment of a community facilities district pursuant to the
provisions of Chapter 32, Hawaii County Code, by adoption of a Resolution of Intention 1
pursuant to Section 32-20, Hawaii County Code, and (b) undertake and carry out any and all
things necessary to complete and establish the community facilities district at Kaloko and
Kohanaiki,North Kona, Hawai`i.
WHEREAS, in response to the Petition, the Council proposes (i) to establish a
community facilities district (the "Proposed District") within the County of Hawai`i (the
"County") under the terms of Chapter 32 of the Hawai`i County Code ("Chapter 32"), with the
boundaries of the Proposed District to be as shown on the Boundary Map, which is attached to 1.
the Petition and on file with the Director of Finance of the County, and (ii) to provide for the
issuance of one or more series of bonds (the "Special Tax Bonds") pursuant to Article 6 of '
Chapter 32 (all references hereafter in this resolution to Articles and Sections shall be deemed to 3
be references to the corresponding Article or Section as set forth in Chapter 32 unless indicated I
otherwise) in an aggregate principal amount not to exceed $22,000,000 to finance (a) all or a
portion of the costs of the special improvements (the "Improvements") described in Exhibit A ri
attached hereto, and (b) all or a portion of certain "incidental expenses," as defined in Section e
32-16 and more particularly identified in Exhibit B attached hereto (the "Incidental Expenses"),
which Exhibits are,by this reference, incorporated herein and made a part hereof'; and r.
1.
a
WHEREAS, the Special Tax Bonds shall be secured by the special taxes to be levied
upon taxable property in the Proposed District, as herein provided; and i
WHEREAS, the Council further intends, except where funds are otherwise available, to
provide for the annual levy of a special tax upon the taxable parcels within the Proposed District
(the "Special Taxes") in an amount sufficient to pay for the costs of the Improvements and it
Incidental Expenses, including the debt service on any Special Tax Bonds issued to finance or
refinance any Improvements and Incidental Expenses, said Special Taxes to be calculated in
accordance with the rate and method of apportionment thereof (the "Rate and Method of g
Apportionment") set forth in Exhibit C, attached hereto and by this reference incorporated herein g
and made a part hereof; and g
i
WHEREAS, the Council intends to establish the Proposed District for a term of sixty
(60) years, commencing with the fiscal year ending June 30, 2022, subject to the further
provisions hereof regarding such term; and
A
415903.6 2
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WHEREAS, in connection with the proceedings for an improvement district and ' t
improvement district bonds originally contemplated under Chapter 12, the County and the
Petitioner entered into a Deposit and Reimbursement Agreement dated May 17, 2019 (the 1
"Original Deposit and Reimbursement Agreement") pursuant to which the Petitioner (i) initially
deposited the sum of$75,000 with the County for the purpose of paying costs incurred by the
County in connection with the then-proposed establishment of an improvement district and 1
issuance of improvement district bonds under Chapter 12, Hawai`i County Code, and (ii) agreed 1
to replenish such deposit as needed for such purpose upon request of the County; and 3
1
WHEREAS, in view of the withdrawal of the Original Petition and submission of the
new Petition,the Petitioner proposes to enter into an Amendment to Deposit and Reimbursement t
Agreement (the "Amendment to Deposit and Reimbursement Agreement") with the County for
the purpose of amending the Original Deposit and Reimbursement Agreement so as to provide
for the funding of costs incurred by the County in connection with establishment of the Proposed g
District and issuance of Special Tax Bonds under Chapter 32; and
i
i.
WHEREAS, Section 32-20 provides that proceedings for the establishment of a
community facilities district pursuant to Chapter 32 shall be instituted by the adoption of a
resolution of intention containing the matters set forth in said Section 32-20, as provided
hereafter in this resolution;now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that.
1
1. The Council hereby finds and determines that:
(a) the Petition satisfies the requirements of Chapter 32 pertaining thereto;
x
(b) the Petition is signed by authorized representatives of the owners in fee siniple of
all of the land to be included within the Proposed District;
i
(c) there are no lessees of the land to be included within the Proposed District who,
by the express terms of any existing leases, are obligated to pay the Special 1
a
Taxes; a
(d) appropriate provision has been made under the Original Deposit and
Reimbursement Agreement, as amended by the Amendment to Deposit and ,3
Reimbursement Agreement, to ensure that sufficient funds have been and will be
provided to pay the costs to be incurred by the County in connection with the
formation of the Proposed District and issuance of the Special Tax Bonds and, ':
accordingly, no additional deposit of funds by the Petitioner will be required for
such purposes; and y,
1
(e) the establishment of the Proposed District is in the public interest. 3
t
2. The Proposed District is to be established under the terms of Chapter 32 and shall
i.
be named the Hawai`i County Community Facilities District No. 1-2021 (Kaloko Heights
Project).
i
415903.6 3
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3. The Council hereby establishes the initial boundary of the Proposed District as f
shown on the Boundary Map on file with the Director of Finance of the County.
IIS 4. The Countyintends to issue the Special Tax Bonds, in an aggregate principal
amount not to exceed a maximum of $22,000,000, exclusive of refunding bonds (if any), to i
finance all or a portion of the costs of the authorized Improvements and Incidental Expenses. z
i
5. The Improvements proposed to be funded, in whole or inpart, byproceeds of the
l? P p
Special Tax Bonds and/or the Special Taxes are set forth in Exhibit A. As set forth in Exhibit A, g
all of the Improvements to be funded will be owned by the County. Subject to compliance with c
all applicable County policies and requirements and to oversight and supervision by the County
I `
Department of Environmental Management, the Petitioner (or its authorized representative) shall
be permitted to let and administer the contracts for the construction of the Improvements, and
payments for the cost of such Improvements may be paid upon requisition from proceeds of the
Special Tax Bonds and/or Special Taxes, all upon such terms as are set forth in a project
development agreement to be entered into between the County and the Petitioner.
6. The Incidental Expenses proposed to be incurred and authorized to be paid, in
whole or in part, from the proceeds of the Special Tax Bonds and/or the Special Taxes are set
forth in Exhibit B.
1
7. Following establishment of the Proposed District, and except where funds are .
otherwise available, Special Taxes sufficient to pay for the costs of the Improvements and
Incidental Expenses shall be annually levied within the Proposed District in accordance with the I
provisions of Article 5. The Rate and Method of Apportionment for the Special Taxes shall be
as set forth in Exhibit C unless modified in accordance with Chapter 32 prior to establishment of
the Proposed District.
8. The Original Deposit and Reimbursement Agreement and the,proposed form of
Amendment to Deposit and Reimbursement Agreement are attached as Exhibit D hereto. Such
form of Amendment to Deposit and Reimbursement Agreement is hereby approved, and the
appropriate County officials are hereby authorized to execute and deliver the same in 11
substantially such form, with such changes as the County officials executing the same may
approve.
9. Advances of funds or contributions of' work in kind from any lawful source, i
specifically including but not limited to the County or the Petitioner, may be reimbursed from l
bond proceeds or from special tax revenue or both to the extent of the lesser of the value or cost
of the contribution. This resolution is adopted in part for the purpose of establishing compliance
with the requirements of Section 1.150-2 of the United States Treasury Regulations. k
10. The Petition has been signed and filed by authorized representatives of the owners ,
in fee simple of all of the land in the Proposed District and there are no lessees of such land who, i
by the express terms of any existing leases, are obligated to pay the Special Taxes. Accordingly, s'
pursuant to Section 32-24, the Council determines that it is unnecessary to conduct a public i
hearing or give notice of public hearing prior to the adoption of an ordinance of formation for the ;
Proposed District.
415903.6 4
11. The term of the Proposed District shall be sixty (60) years, commencing with the
fiscal year ending June 30, 2022; provided that the term of the Proposed District shall expire at
such time, but in no event until such time, whether before or after the end of such term, as all
bonds and other debt incurred pursuant to Chapter 32 and all incidental expenses related thereto
that are payable from the Special Taxes have been fully paid or payment duly provided for.
12. The Council hereby directs the Director of Environmental Management of the
County to study the Proposed District, to prepare the report required by Section 32-21 (the
"Report") and to file the Report with the County Clerk not later than sixty (60) days after the
adoption of this Resolution. The Director of Environmental Management may consult with and
rely upon other officials and departments of the County or the State in connection with such
study and the Report. If deemed necessary or desirable by the Director of Environmental
Management, the study may be conducted and the Report may be prepared, in whole or in part,
by an independent consultant under the supervision of such Director. The Report shall include,
but not be limited to, an estimate of the cost of providing the Improvements and Incidental
Expenses.
•
13. This Resolution shall take effect immediately upon its adoption.
• Dated at Hilo , Hawai`i,this 7th day of July , 20 21
INTRODUCED BY:
COUNCIL M. MBE' , COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo,Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER X
County of Hawaii on July 7, 2021
KIERKIEWICZ X
KIMBALL X
ATTEST: LEE LOY X
RICHARDS X .
VILLEGAS X
• - 9 0 0 0
• Reference: C-311/Waived FC
_ ice: �,� l.�
CO C •PER •N&PRtik5.I.:, :' ICER RESOLUTION NO. 158 21
415903.6 5
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EXHIBIT A
DESCRIPTION OF AUTHORIZED IMPROVEMENTS
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EXHIBIT A
Description of Authorized Improvements
•
The Improvements to be funded for the Proposed District shall consist of a sewer line
extension and related improvements beginning at the 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 West Hawai`i Civic Center. All of the
Improvements to be funded will be owned and operated by the County. a
•
•
i k46
2
5
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415903.6 A-1
EXHIBIT B
DESCRIPTION OF AUTHORIZED INCIDENTAL EXPENSES
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EXHIBIT B
DESCRIPTION OF AUTHORIZED INCIDENTAL.EXPENSES
A. Initial Incidental Expenses. It is anticipated that the following incidental
expenses may be incurred by the County and/or the Petitioner in the proceedings for formation of
the Proposed District, implementation of the authorized Improvements and related bond
financing and will be payable or reimbursable from proceeds of the Special Tax Bonds or
directly from the proceeds of the Special Taxes:
• Engineering,Architectural (Building and Landscape), Geotechnical and
Environmental and Related,Miscellaneous Consulting services
• Survey, Staking and Contract Administration services
▪ Archeological and Cultural Monitoring services
• Permits, Plan Check Fees, Entitlement Processing Fees and Expenses
• Special tax consultant services
• County staff review, oversight and administrative services
• Bond Counsel, Special Tax Counsel and Disclosure Counsel services and other legal
services
• Financial advisor services
• Special tax administrator services
• Appraiser/Market absorption consultant services
• Initial bond transfer agent, fiscal agent,registrar and paying agent services,
and rebate calculation service set up charge
• Escrow services
• Bond printing
• Official Statement printing and mailing
• Publishing,mailing and posting of notices
• Recording fees
• Underwriter's discount, fees and expenses
• Bond reserve fund
• Capitalized interest
• Governmental notification and filing fees
• Credit enhancement costs
• Real estate acquisition costs
• Rating agency fees
• Other costs of bond issuance or special tax/district administration
B. Recurring Incidental Expenses. The expenses of certain recurring services
pertaining to the Proposed District may be included in each annual special tax levy. These may
include:
• Trustee,bond transfer agent,registrar and paying agent services
• Rebate calculation services and periodic arbitrage rebate payments
415903.6 B-1
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• Special tax administrator services
• Appraisal services
• Other necessary consultant services incidental to the administration of the Proposed
District
• Rating agency fees
• Posting, collecting and enforcing payment of the special taxes, including but not limited
to foreclosure attorneys' services
• Personnel and administrative services provided by County personnel
• Continuing disclosure services
The enumeration of initial and recurring Incidental Expenses under A and B
above is supplemented in its entirety by the items listed in the definition of "Administrative
Expenses," set forth in the Rate and Method of Apportionment, and shall not be regarded as
exclusive but rather shall be deemed to include any other incidental expenses within the meaning
of Chapter 32 which may be incurred from time to time with respect to the Proposed District.
Without limiting the generality of the foregoing, all expenditures made from the funds deposited
by the Petitioner with the County to defray the County's expenses of the proceedings for the
Proposed District, implementation of authorized Improvements and related bond financings, and
all amounts paid by the Petitioner to third parties providing services in connection therewith,
shall constitute authorized Incidental Expenses reimbursable to the Petitioner from either
proceeds of the Special Taxes or proceeds of sale of the Bonds for the Proposed District.
415903.6 B-2
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT
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415903.6
EXHIBIT C
HAWAI`I COUNTY
COMMUNITY FACILITIES DISTRICT No. 1-2021
(KALOKO HEIGHTS PROJECT)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Tax Map Key Parcel in Hawai`i County Community
No. 1-2021") shall be
Facilities District No. 1-2021 (Kaloko Heights Project) ("CFD
levied and collected according to the tax liability determined by the County Council of
the County of Hawaii, through the application of the appropriate amount or rate for
Taxable Property, as described below. All of the property in CFD No. 1-2021, unless
exempted by law or by the provisions of Section F below, shall be taxed for the purposes,
to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of a'FMK Parcel as shown on a Tax Map, or
if the land area is not shown on a Tax Map, the land area shown on the applicable Final
Plat Map,Development Plan, condominium plan, or other recorded parcel map.
"Administrative Expenses" following means the actual or reasonably estimated costs
directly related to the administration of CFD No. 1-2021: the costs of computing the
Special Taxes and preparing the annual Special Tax collection schedules; the costs of
collecting the Special Taxes (whether by the County or otherwise); the costs of remitting
the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in
the discharge of the duties required of it under;the Indenture; the costs to the County of
complying with arbitrage rebate requirements; the costs to the County of complying with 1
disclosure requirements associated with applicable federal and state securities laws and of
the Code; the costs associated with preparing Special Tax disclosure statements and
responding to public inquiries regarding the Special Taxes; the costs of the County
related to an appeal of the Special Tax;the costs associated with the release of funds from
any escrow account; the County's administration fees and third party expenses; the costs
of County staff time and reasonable overhead relating to CFD No. 1-2021; the costs a
incurred by the County in connection with,the termination of the Special Tax in Tax Zone
2; and amounts estimated or advanced by the County for any other administrative
purposes of CFD No. 1-2021, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
fi
Hmvai'i County CFD No.1-2021 1 June 23,2021
"Assigned Special Tax" means the Special Tax for each Land Use Class of Developed
Property,as determined in accordance with Section C.l.a.l below.
"Authorized Improvements" means those facilities that are authorized to be funded by
CFD No. 1-2021.
"Backup Special Tax" means the Special Tax for each Land Use Class of Developed
Property,as determined in accordance with Section C.1.a.2 below.
"Bonds" means bonds or other debt pursuant to Article 6 of the Code, whether in one or
more series, issued, incurred, or assumed to fund Authorized Improvements.
•
"Buildable Lot" means an individual lot within a Final Plat Map, for which a Building
Permit may be issued without further subdivision of such lot.
"Building Permit" means a single permit or set of permits required to construct a
residential or non-residential structure, other than a permit issued for a foundation,
parking, landscaping, or other related facility or amenity if a building permit has not yet
been issued for the structure served by these facilities or amenities.
"Capitalized Interest" means funds in any capitalized interest account available to pay
interest on Bonds.
"CFD Administrator" means the person or firm designated by the County to administer •
the Special Taxes according to this RMA.
"CFD Formation" means the date on which the Ordinance of Formation became
effective.
•
"Code" means the Community Facilities Districts Code (1994, Ord. No. 94-77, sec. 3),
being Chapter 32 of the Hawai`i County Code 1983 (2009 Edition, as amended).
"County" means the County of Hawai`i.
"County Council" means the County Council of the County of Hawai`i.
"Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of
Final Mapped Property and Taxable Property Owner Association Property, for which a
Building Permit for new construction was issued prior to March 1 of the preceding Fiscal
Year. •
"Development Plan" means a site plan or other development plan, which may be
updated from time to time, that identifies such information as the type of structure,
acreage, and/or square footage that is approved to be developed on Taxable Property
within CFD No. 1-2021.
Hawai'i County CFD No.1-2021 2 June 23,2021
"Expected Land Uses" means the number of Units within each Land Use Class of
Residential Property,the Acreage of Other Residential Property, and the Acreage of Non-
Residential Property expected within Tax Zone 1, as identified in Attachment 2 of this
RMA. Attachment 2 may be updated within 30 days prior to the First Bond Sale and
each time there is a Land Use Change thereafter.
"Expected Maximum Special Tax Revenues" means the annual amount of revenue that
would be available in Tax Zone 1 if the Maximum Special Tax was levied on the
Expected Land Uses. The Expected Maximum Special Tax Revenues at the time of
approval of this RMA are shown in Attachment 2, and such amount may be adjusted
pursuant to Section C or if TMK Parcels within Tax Zone 1 prepay all or a portion of the
Special Tax obligation.
"Final Plat Map"means a final map approved by the County Planning Director pursuant
to the Subdivision Control Code (Hawai`i County Code Chapter 23) that creates
individual lots on which Building Permits for new construction may be issued without
further subdivision.
"Final Mapped Property" means, for each Fiscal Year, all Taxable Property, exclusive
of Developed Property and Taxable Property Owner Association Property, which as of
March 1 of the previous Fiscal Year was located within a Final Plat Map. The term Final
Mapped Property shall include any parcel map or Final Plat Map, or portion thereof, that
creates individual lots that cannot be further subdivided and for which a Building Permit
may be issued(but has not actually been issued).
"First Bond Sale" means issuance of the first series of Bonds secured, in whole or in
part,by Special Taxes levied and collected from TMK Parcels in Tax Zone 1.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution, or other instrument
pursuant to which Bonds are issued, as modified, amended, and/or supplemented from
time to time, and any instrument replacing or supplementing the same.
"Land Use Change" means a change to the Expected Land Uses within Tax Zone 1 after
CFD Formation, which shall include but not be limited to, approval of Final Plat Maps
that reflect a different number of Buildable Lots, issuance of Building Permits that will
result in a different number of Units in a particular Land Use Class, or issuance of
Building Permits that reflect a different amount of Other Residential Property Acreage or
Non-Residential Property Acreage than that shown in the Expected Land Uses, as
determined by the CFD Administrator.
"Land Use Class" means any of the classes listed in Table 1 below.
"Land Value" means the appraised value, or the assessed value on the current County
Real Property Tax Office tax roll, of a TMK Parcel, whichever is less. The CFD
Hawai'i County CFD No.1-2021 3 June 23,2021
3
Administrator shall direct that a Short Form Appraisal be prepared to determine the
appraised value.
"Maximum Special Tax" means the greatest amount of Special Tax that can be levied
on a TMK Parcel in any Fiscal Year determined in accordance with Section C below.
"Maximum Special Tax Revenues" means, at any point in time, the aggregate revenue
that can be generated if the Maximum Special Tax is levied on all TMK Parcels of
Taxable Property in Tax Zone 1.
"Non-Residential Property" means, for each Fiscal Year, all TMK Parcels of
Developed Property for which a Building Permit was issued by the County after January
1, 2020, and before March 1 of the prior Fiscal Year, permitting the construction of one
or more non-residential structures or facilities.
"Other Residential Property" means all TMK Parcels of Developed Property for which
a Building Permit was issued by the County for purposes of constructing Units, excluding
Single Family Attached Property and Single Family Detached Property.
"Ordinance of Formation" means the ordinance adopted by the County Council to form
CFD No. 1-2021.
"Property Owner Association Property" means any property within the boundaries of
CFD No. 1-2021 that was owned by a property owner association, including any master
or sub-association, as of March 1 of the prior Fiscal Year.
"Proportionately" means (i) for Developed Property in the first step of Section D.l
below, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal
for all TMK Parcels of Developed Property; (ii)for Developed Property in the fourth step
of Section D.1 below, that the amount of the increase above the Assigned Special Tax, if
necessary, is equal for all TMK Parcels of Developed Property, except that if the Backup
Special Tax limits the increase on any TMK Parcel(s), then the amount of the increase
shall be equal for the remaining TMK Parcels; (iii) for Final Mapped Property, that the
ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all TMK
Parcels of Final Mapped Property, separately for Tax Zone 1 and Tax Zone 2; (iv) for
Undeveloped Property, that the ratio of the actual Special Tax levy to the Maximum
Special Tax is equal for all TMK Parcels of Undeveloped Property, separately for Tax
Zone 1 and Tax Zone 2; and (v) for Taxable Property Owner Association Property, that
the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all TMK
Parcels of Taxable Property Owner Association Property, separately for Tax Zone 1 and
Tax Zone 2.
"Publicwithin the boundaries of CFD No. 1-2021 that i
Property" means any property wi h n ()
is owned by or irrevocably offered for dedication to the federal government, the State of
Hawai`i, the County, or other public agency, provided however that any property leased
by a public agency to a private entity and subject to taxation under Section 32-54 of the
Hawai'i County CFD No. 1-2021 4 June 23,2021
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Code shall be classified and taxed in accordance with its use; or (ii) is encumbered by a
road, access, public utility easement or other easement or recorded restriction for public I
use or preservation making impractical its use for any purpose other than that set forth in
the easement or recorded restriction.
"Required Coverage" means the percentage by which the Expected Maximum Special
Tax Revenues must exceed the sum of annual Bond debt service and annual required
Administrative Expenses, as set forth in the Indenture or other formation or Bond
document that sets forth the minimum required debt service coverage.
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"Residential Floor Area" means all of the Square Footage of living area within the 1
perimeter of a Unit, not including any carport, walkway, garage, overhang, patio, 1
enclosed patio; or similar area. The determination of Residential Floor Area shall be as
set forth in the Building Permit(s) issued for such TMK Parcel, or as set forth in other
official records maintained by the County's Building Division or other appropriate means
selected by the CFD Administrator. The actual Square Footage shall be rounded up to 1
the next whole square foot. Once such determination has been made for a TMK Parcel, it
shall remain fixed in all future Fiscal Years unless an appeal is approved that results in a
change in the actual Square Footage.
"Residential Property"" means for each Fiscal Year, a TMK Parcel for which a Building 0
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Permit for new construction of one or more Units was issued after January 1, 2020, and
before March 1 of the prior Fiscal Year. P
"RMA"means this Rate and Method of Apportionment of Special Tax.
"Short Form Appraisal" means a limited appraisal of the land value of a TMK Parcel
prepared by a qualified appraiser, as determined by the CFD Administrator, using a form g.
similar to Fannie Mae Form 2055, which is also known as an "exterior-only inspectionbi
residential appraisal report" designed to contain a limited amount of data about the
subject property and to utilize the sales comparable approach as its sole approach to
concluding value.
1
"Single Family Attached Property" means all TMK Parcels of Developed Property for
which a Building Permit was issued for construction of a residential structure consisting
of two or more Units that share common walls, have separate Tax Map Keys assigned to
them, and maybe purchased by individual homebuyers (which shall still be the case even i
if the Units are purchased and subsequently offered for rent by the owner of the Unit),
including such residential structures that meet the-statutory definition of a condominium.
"Single Family Detached Property" means all TMK Parcels of Developed Property for
which a Building Permit was issued for construction of a Unit, on one legal lot, that does I
not share a common wall with another Unit.
"Single Family Property" means all TMK Parcels of Single Family Attached Property
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and Single Family Detached Property. t
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Hawai'i County CFD No. 1-2021 5 June 23,2021
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"Special Tax" means a special tax levied in any Fiscal Year to pay the Tax Zone 1
Special Tax Requirement or Tax Zone 2 Special Tax Requirement.
"Square Footage" or "Sq. Ft." means the floor area square footage reflected on the
original construction Building Permit, or as set forth in other official records maintained
by the County's Building Division or other appropriate means selected by the CFD -
Administrator, issued for construction of Residential Property or Non-Residential
Property, plus any square footage subsequently added to a building of Non-Residential
Property after issuance of a Building Permit for expansion or renovation of such building.
"Taxable Property" means all of the TMK Parcels within the boundaries of CFD No. 1- I
2021 that are not exempt from the Special Tax pursuant to law or Section F below.
"Taxable Property Owner Association Property" means, for each Fiscal Year, all
TMK Parcels of Property Owner Association Property that are not exempt from the
Special Tax pursuant to law or Section F below.
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"Tax Map"means an official map of the County designating parcels by Tax Map Key.
"Tax Map Key" or "TMK" means a unique number that is assigned by the County to
identify each lot or parcel or condominium within the County's boundaries.
"Tax Map Key Parcel" or "TMK Parcel" means a lot or parcel shown on a Tax Map f
with an assigned TMK. t
"Tax Zone" means a mutually exclusive geographic area, within which particular
Special Tax rates may be levied pursuant to this RMA. Attachment 1 identifies the two
Tax Zones in CFD No. 1-2021. 1
"Tax Zone 1" means the geographic area that was identified at CFD Formation by TMK
Parcels 3-7-3-009-057, 3-7-3-009-058, 3-7-3-009-059, 3-7-3-009-060, 3-7-3-009-061, 3-
7-3-009-062, 3-7-3-009-070, and 3-7-3-009-071, is designated in Attachment 1 of this
RMA as Tax Zone 1, and is commonly referred to as Kaloko Heights Phase 1.
"Tax Zone 1 Special Tax Requirement" means the sum of the amounts necessary in
any Fiscal Year to: (i) pay Administrative Expenses up to $50,000, which amount shall
escalate at a rate of two percent (2.0%) per year beginning in Fiscal Year 2022-23; (ii)
pay principal and interest on Bonds which are due in the calendar year that begins in such
o
Fiscal Year; (iii) create and/or replenish reserve funds for the Bonds; (iv) cure any
delinquencies in the payment of principal or interest on Bonds which have occurred in
prior Fiscal Years or (based on existing delinquencies in the payment of Special Taxes) i
are expected to occur in the Fiscal Year in which the tax will be collected; (v) pay all
remaining Administrative Expenses in excess of the amount determined in (i) above; and i
(vi) pay the costs of Authorized Improvements provided that Special Taxes shall not be
collected from Taxable Property Owner Association Property for this purpose. The -
b
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Hawai'i County CFD No. 1-2021 6 June 23,2021
9
1
amounts referred to in clauses (ii) and (iii) of the preceding sentence may be reduced in
any Fiscal Year by: (i) interest earnings on or surplus balances in funds\and accounts for
the Bonds to the extent that such earnings or balances are available to apply against debt
service pursuant to the Indenture; (ii) proceeds received by the County for CFD No. 1-
2021 from the collection of penalties associated with delinquent Special Taxes; and (iii)
any other revenues available to pay debt service on the Bonds as determined by the CFD
Administrator.
"Tax Zone 2" means the geographic area that was identified at CFD Formation by TMK
Parcel 3-7-3-009-019, is designated in Attachment 1 of this RMA as Tax Zone 2, and is
commonly referred to as Kaloko Heights Phase 2.
"Tax Zone 2 Special Tax Requirement" means the amount necessary at any poiiit in
time to cure delinquencies in the payment of Special Taxes levied in Tax Zone 1 on Final
Mapped Property and Undeveloped Property.
"Trustee"means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property, Final Mapped Property, or Taxable Property Owner
Association Property.
"Unit" means an individual single-family detached or attached home, townhome,
condominium, apartment, or other residential dwelling unit, including each separate
living area within a half-plex, duplex,triplex, fourplex, or other residential structure.
B. DATA FOR ADMINISTRATION OF THE SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2021-22, all Taxable Property within CFD
No. 1-2021 shall be assigned to Tax Zone 1 or Tax Zone 2 and, within each Tax Zone,
shall be classified as Developed Property, Final Mapped Property, Undeveloped
Property, or Taxable Property Owner Association Property, and shall be subject to
Special Taxes in accordance with this RMA as determined pursuant to Sections C and D
below. TMK Parcels of Developed Property within Tax Zone 1 shall be further classified
as Single Family Detached Property, Single Family Attached Property, Other Residential
Property, or Non-Residential Property. TMK Parcels of Single Family. Detached
Property shall be assigned to Land Use Classes 1 through 7, as listed in Table 1 below
based on the Residential Floor Area of the Units on such TMK Parcels, and TMK Parcels
of Single Family Attached Property shall be assigned to Land Use Class 8. Also, Other
Residential Property shall be assigned to Land Use Class 9, and Non-Residential Property
shall be assigned to Land Use Class 10.
The Expected Maximum Special Tax Revenues shown in Attachment 2 were calculated
based on the Expected Land Uses at the time of adoption of this RMA and are subject to
modification upon the occurrence of Land Use Changes and prepayments, as described
Hawai'i County CFD No.1-2021 7 June 23,2021
below. At least quarterly after the First Bond Sale, the CFD Administrator shall review
all new Building Permits, Final Plat Maps, condominium plans, and any other project
information that has changed from the prior quarter. In addition,the CFD Administrator
shall, on an ongoing basis, review all Land Use Changes. With each review,the CFD
Administrator shall compare the revised land uses to the Expected Land Uses to
evaluate the impact on the Expected Maximum Special Tax Revenues. Prior to the First
Bond Sale and issuance of any subsequent series of Bonds, and together with the CFD
Administrator's review on at least a quarterly basis, the owners of all TMK Parcels for
which Building Permits have yet to be issued shall provide the CFD Administrator with
a written confirmation of the Expected Land Uses on each TMK Parcel.
C. MAXIMUM SPECIAL TAX
1. Tax Zone 1
a. Developed Property
P P t1'
The Maximum Special Tax that may be levied in any Fiscal Year on each
TMK Parcel in Tax Zone 1 classified as Developed Property shall be the
greater of(i) the amount derived by application of the Assigned Special
Tax or(ii)the amount derived by application of the Backup Special Tax.
1) Assigned Special Tax
The Assigned Special Tax that may be levied in any Fiscal Year
for each Land Use Class is shown in Table 1 on the following
page.
Hawai'i County CFD No. 1-2021 8 June 23,2021
TABLE 1
TAX ZONE 1
ASSIGNED SPECIAL TAX—DEVELOPED PROPERTY
y s.L j d? `4 Yf 9,f,:f s k1_ a4, yk kid..ti l e N' 8f,, fLq $ "q § xtti t R'qP}::�".�-�'�'�
try E r sy z k e a T: ' : '-r `Residential. 'Yr . Assned�� .
!C SCS ° as E a� x a" Olt s a"v
. .anti 1 c iF r 1 r s 1 ly � a i '3, ,p4,18-1,, ,,,,44,.. 5,417�
c , Y s E r t P zeelal ax
>r t �s � sg Elbor�Are� Y ,� y , p {
',"'.13$6 -3 Description rr .! ' .r v 4�. �rt 5'ap3rk 1,,,, ti,u 1 *„'w .R;. ,`�,g•5:
� @qSt
3 Y 3� xr v s r ` ! �. L. t z H9
it+.. n. r f�d`��i-S ,t�.f e a� ra ar f 4._ �' �a�y7Q�u'C�.��.. 7 r rY +���.��`fl���T�`d�i� .
`;r � "Y4 t x a xt S '. a �' J � ey�' 4 r r �=a .�.+� � '�° ,
�iGlass &r- ,t �a �r F i .w:� x , . ,�{ Footage)),, 2O21-22 ""'
a .,� C v: h k '�a7 T Sr r i '*,. rte, J 4
., -...r�t s_ra',+t.'z. ..'�t,:3.8„ '��sz"`��.�, t� "• r . ,,,i.�'x. .r.
1 Single Family Detached Property < 1,601 _—. $1,663 per Unit
_2 Single Family Detached Property 1,601 —1,800 $1,913 per Unit— J
3 Single Family Detached Property_
1,801 —2,000 $2,163 per Unit i
4 Single Family Detached Property 2 001 —2 200 $2,537 er Unit 4
5 Single Family Detached Property 2,201 —2,400 $2,869 per Unit 1
— 6 _Single Family Detached Property --2,401 —2,600__ $3,119 per Unit _
7 Single Family Detached Property >2,600 $3,410 per Unit 1
8 Single Family Attached Property $1,281 per Unit
9 Other Residential Property $11,298 per Acre
10 Non-Residential Property $11,298 per Acre
* On July 1, 2022, and on each Judy 1 thereafter, all of the Assigned Special Tax
rates shown in Table 1 above shall be increased by an amount equal to two
g
percent(2.0%) of the amount in effect for the prior Fiscal Year.
, 2) Backup Special Tax
Prior to the First Bond Sale, if a Land Use Change occurs that
results in a change in Expected Maximum Special Tax Revenues,
no action will be needed pursuant to this Section C.1.a.2. Upon
identification of the Land Use Change, the CFD.Administrator
shall update Attachment 2 to reflect the revised Expected i
Maximum Special Tax Revenues, which shall then be the amount
used to size the Bonds being issued.
9
After the First Bond Sale, if a Land Use Change occurs that
results in a change in Expected Maximum Special Tax Revenues,
no action will be needed pursuant to this Section C.1.a.2 as long
as the Required Coverage will still be achieved. Upon 0
identification of the Land Use Change, the CFD Administrator 5
shall update Attachment 2 to show the revised Expected
Maximum Special Tax Revenues.
If the CFD Administrator determines that a Land Use Change u
would result in a failure to achieve the Required Coverage, the
Hawaii County CFD No. 1-2021 9 June 23,2021
1
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Backup Special Tax shall be calculated by application of the
following steps:
Step 1: Determine the Maximum Special Tax Revenues needed
to maintain Required Coverage.
Step 2: Increase Proportionately the Assigned Special Tax for
each Land Use Class within the Expected Land Uses
that was not Developed Property in the prior Fiscal Year
up to the amounts needed so that the Expected
Maximum Special Tax Revenues equal the amount
computed in Step 1.
Step 3: The Backup Special Tax for each Land Use Class of
Expected Land Uses that was not Developed Property in •
the prior Fiscal Year shall be the amount calculated in
Step 2.
Step 4: The Backup Special Taxes identified in Step 3 shall
increase on July 1 of the next Fiscal Year, and each July
1 thereafter, by an amount equal to two percent (2.0%)
of the amount in effect for the prior Fiscal Year.
After determining the Backup Special Tax, the CFD
Administrator shall adjust Attachment 2 to reflect the Expected
Land Uses and Expected Maximum Special Tax Revenues after
the Land Use Change that necessitated the levy of the Backup
Special Tax.
The duties imposed on the CFD Administrator to review Land Use
Changes, Final Plat Maps, and Building Permits, and to make the
calculations set forth above, are intended only to facilitate
administration of the Special Tax and to better ensure the
sufficiency of tax capacity to pay debt service on Bonds. Such
duties are not intended to give any developer, subdivider, or owner
of property in CFD No. 1-2021 any right to receive notice of the
potential impact of Land Use Changes, but each such developer,
subdivider, or owner of property is responsible for understanding
that a Backup Special Tax may be levied because of a Land Use
Change. Further, each developer, subdivider, or owner of property
in CFD No. 1-2021 that is not Developed Property is required to
provide information and documentation to, and to coordinate with,
the CFD Administrator on at least a quarterly basis to confirm
anticipated Land Use Changes and determine Expected Land Uses.
Hawai'i County CFD No. 1-2021 10 June 23,2021
•
The Backup Special Tax for a TMK Parcel shall not change once
a TMK Parcel is classified as Developed Property; provided,
however, that the Backup Special Tax on a TMK Parcel of
Developed Property shall increase each July 1 by an amount
equal to two percent(2.0%) of the amount in effect for the prior
Fiscal Year.
3) Multiple Land Use Classes on a TMK Parcel
In some instances, a TMK Parcel of Developed Property may
contain more than one Land Use Class. The Maximum Special
Tax levied on such TMK Parcel shall be the sum of the Maximum
Special Tax for all Units of Single Family Property and Acres of
Other Residential Property and Non-Residential Property (based
on the pro rata share of Square Footage between Other Residential ,
Property and Non-Residential Property, according to the applicable
Building Permits, Final Plat Map, parcel map, condominium plan,
or other recorded County map) located on that TMK Parcel. gl
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b. Final Mapped Property, Undeveloped Property, and Taxable
ts
Property Owner Association Property 1
The Maximum Special Tax for Final Mapped Property, Undeveloped Fs
Property, and Taxable Property Owner Association Property in Tax Zone
1 shall be $11,298 per Acre in Fiscal Year 2021-22, which amount shall
increase on July 1,2022, and each July 1 thereafter by an amount equal to
two percent(2.0%)of the amount in effect for the prior Fiscal Year.
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2. Tax Zone 2
a. Developed Property
No Special Tax shall be levied on Developed Property in Tax Zone 2.
b. Final Mapped Property, Undeveloped Property, and Taxable
Property Owner Association Property 4
The Maximum Special Tax for Final Mapped Property, Undeveloped
Property, and Taxable Property Owner Association Property in Tax Zone k
2 shall be $22,596 per Acre in Fiscal Year 2021-22, which amount shall
increase on July 1, 2022, and each July 1 thereafter by an amount equal to 6.
two percent(2.0%) of the amount in effect for the prior Fiscal Year. 1
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Hawai'i County CFD No.1-2021 11 June 23,2021
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D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX I
1. Tax Zone 1
Each Fiscal Year, beginning with Fiscal Year 2021-22, the CFD Administrator
shall determine the Tax Zone 1 Special Tax Requirement for that Fiscal Year and
levy the Special Tax on all TMK Parcels of Taxable Property in Tax Zone 1 as 1;
follows:
Step 1: If needed to satisfy the Tax Zone 1 Special Tax Requirement, but 1
not accounting for Capitalized Interest, the Special Tax shall be
levied Proportionately on each TMK Parcel of Developed Property 1
in Tax Zone 1 up to 100%of the applicable Assigned Special Tax.
Step 2: If additional monies are needed to satisfy the Tax Zone 1 Special
Tax Requirement after Step 1 has been completed, and after s,
applying Capitalized Interest, then the Special Tax shall be levied
Proportionately on each TMK Parcel of Final Mapped Property in
Tax Zone 1 up to 100% of the Maximum Special Tax for Final
Mapped Property in Tax Zone 1.
Step3: If additional monies are needed to satisfy the Tax Zone 1 Special Ip
,4
Tax Requirement after the first two steps have been completed,
then the Special Tax shall be levied Proportionately on each TMK
Parcel of Undeveloped Property in Tax Zone 1 up to 100% of the
Maximum Special Tax for Undeveloped Property in Tax Zone 1.
Step 4: If additional monies are needed to satisfy the Tax Zone 1 Special
Tax Requirement after the first three steps have been completed,
then the levy of the Special Tax on each TMK Parcel of Developed i
Property in Tax Zone 1 whose Maximum Special Tax is
determined through the application of the Backup Special Tax
shall be increased Proportionately from the Assigned Special Tax t
up to the Maximum Special Tax for each such TMK Parcel until
the amount levied is equal to the Tax Zone 1 Special Tax
Requirement. g
Step 5: If additional monies are needed to satisfy the Tax Zone 1 Special
Tax Requirement after the first four stepsP have been completed,
then the Special Tax shall be levied Proportionately on each TMK 1
Parcel of Taxable Property Owner Association Property in Tax I
Zone 1 up to the Maximum Special Tax for Taxable Property
1
Owner Association Property in Tax Zone 1..
Notwithstanding the above, under no circumstances shall the Special Tax levied
in any Fiscal Year on any TMK Parcel of Single Family Property or Other i
1
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Hawai'i County CFD No.1-2021 12 June 23,2021
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Residential Property in Tax Zone 1 for which an occupancy permit for private
residential use has been issued be increased as a result of delinquency or default 4
by the owner or owners of any other TMK Parcel or TMK Parcels within Tax
Zone 1 by more than ten percent(10.0%) above the amount that would have been
levied in that Fiscal Year had there never been any such delinquencies or defaults.
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2.,_ Tax Zone 2
. 3
At the earliest possible date on which the County Real Property Tax Office is able i
to provide information to the CFD Administrator regarding the collection of
Special Taxes within Tax Zone 1,the CFD Administrator shall determine the total
aggregate Special Taxes levied on Final Mapped Property and Undeveloped
Property within Tax Zone 1 that are delinquent. Within five business days after
making such determination,the CFD Administrator shall do the following:
Step I: Calculate the Tax Zone 2 Special Tax Requirement.
Step 2: If needed to satisfy the Tax Zone 2 Special Tax Requirement, then ri
the Special Tax shall be levied Proportionately on each TMK
Parcel of Final Mapped Property in Tax Zone 2 up to 100% of the
Maximum Special Tax for Final Mapped Property in Tax Zone 2.
5
Step 3: If additional monies are needed to satisfy the Tax Zone 2 Special is
Tax Requirement after the first two steps have been completed,
then the Special Tax shall be levied Proportionately on each TMK I
Parcel-of Undeveloped Property in Tax Zone 2 up to 100% of the
Maximum Special Tax.for Undeveloped Property in Tax Zone 2. s
Step 4: If additional monies are needed to satisfy the Tax Zone 2 Special
Tax Requirement after the first three steps have been completed,
then the Special Tax shall be levied Proportionately on each TMK l
Parcel of Taxable Property Owner Association Property in Tax g
Zone 2 up to the Maximum Special Tax for Taxable Property
Owner Association Property in Tax Zone 2.
Step 5: For each TMK Parcel in Tax Zone 2 to be taxed, prepare and send
a direct bill via overnight delivery to the record owner of such
TMK Parcel based on ownership and address information available
from the current County Real Property Tax Office tax roll.
b
1
The Special Tax in Tax Zone 2 shall be due and payable within 30 days from the is
date of delivery of the direct tax bill. If, within 30 days from the date the direct 1
bill was delivered, payment of the Special Tax levied against a TMK Parcel in R
Tax Zone 2 has not been received by the County or the CFD Administrator,
foreclosure proceedings shall commence immediately against such TMK parcel.
The Special Tax shall have the same priority and bear the same penalties and f
Hawai'i County CFD No. 1-2021 13 / June 23,2021
q
interest after delinquency as do ad valorem real property taxes. Notwithstanding
the foregoing, the Special Tax may be collected in the same manner and at the
same time as ordinary ad valorem real property taxes.
E. COLLECTION OF SPECIAL TAX
The Special Taxes in Tax Zone 1 will be collected in the same manner and at the same
time as ordinary ad valorem real property taxes;provided,however, that prepayments are
permitted as set forth in Section G below and provided further that the County may
directly bill the Special Taxes and may collect Special Taxes at a different time or in a
different manner if necessary to meet its financial obligations, and may covenant to
foreclose and may actually foreclose on delinquent TMK Parcels as permitted by the
Code.
F. EXEMPTIONS
No Special Tax shall be levied on up to 60.0 Acres of Property Owner Association
Property in Tax Zone 1. Tax-exempt status will be assigned by the CFD Administrator in
the chronological order in which property becomes Property Owner Association Property
within Tax Zone 1.
Property Owner Association Property that is not exempt from the Special Tax under this
section shall be subject to the levy of a Special Tax and shall be taxed Proportionately as
part of the fifth step in Section D.1 above, or part of the fourth step in Section D.2 above,
up to 100% of the applicable Maximum Special Tax for Taxable Property Owner
Association Property. Also,the nonexempt owner of a leasehold or possessory interest in
Public Property shall be subject to the levy of a Special Tax pursuant to Section 32-54 of
the Code and shall be classified and taxed as Developed Property, Final Mapped •
Property,Undeveloped Property,or Taxable Property Owner Association Property.
No Special Tax shall be levied in any Fiscal Year on TMK Parcels in Tax Zone 1 that
have fully prepaid the Special Tax obligation pursuant to the formula set forth below in
Section G. 551
G. PREPAYMENT OF SPECIAL TAX
The Special Tax obligation of a•TMK Parcel in Tax Zone 1 may be prepaid; however,
the Special Tax obligation of a TMK Parcel in Tax Zone 2 cannot be prepaid. The ?'
following definitions apply to this Section G:
"Construction Fund" means funds or accounts (regardless of their names)
identified in the Indenture to hold monies that are available to acquire or construct
public facilities eligible under the Code.
fi
Hawai'i County CFD No. 1-2021 14 June 23,2021
6
"Outstanding Bonds" means all Previously Issued Bonds which remain
outstanding, with the following exception: if a Special Tax has been levied
against, or already paid by, a TMK Parcel making a prepayment, and a portion of
the Special Tax will be used to pay a portion of the next principal payment on the
Bonds that remain outstanding (as determined by the CFD Administrator), that
next principal payment shall be subtracted from the total Bond principal that
remains outstanding, and the difference shall be used as the amount of
Outstanding Bonds for purposes of this prepayment formula.
"Previously Issued Bonds" means all Bonds that have been issued on behalf of
CFD No. 1-2021 prior to the date of prepayment. •
"Public Facilities Requirements" means either $13,229,000 in 2021 dollars,
which shall increase by the Public Facilities Inflation Index on July 1, 2022, and
each July 1 thereafter, or such lower number as (i) determined by the CFD
Administrator as sufficient to fund the public facilities to be provided under the
authorized bonding program for CFD No. 1-2021, or (ii) shall be determined by
the County Council concurrently with a covenant that it will not issue any more
Bonds to be supported by Special Taxes levied under this RMA as described in
Section D above.
"Public Facilities Inflation Index" means the annual percentage change in the
Honolulu Construction Cost Index: Single Family Residence, measured,as of °I
December of the calendar year which ends in the previous Fiscal Year. In the
event this index ceases to be published, the Public Facilities Inflation Index shall
be another index as determined by the CFD Administrator that is reasonably
comparable to the Honolulu Construction Cost Index: Single Family Residence.
"Remaining Facilities Costs" means the Public Facilities Requirements (as
defined above), minus public facility costs funded by Previously Issued Bonds (as
defined above), developer equity, Special Tax prepayments, and/or any other
source of funding.
1. Full Prepayment
The Special Tax obligation may be prepaid and the obligation of a TMK Parcel in
Tax Zone 1 to pay the Special Tax permanently satisfied as described herein,
provided that a prepayment may be made only if there are no delinquent Special
Taxes with respect to such TMK Parcel at the time of prepayment. An owner of a
TMK Parcel intending to prepay the Special Tax obligation shall provide the
County with written notice of intent to prepay. Within 30 days of receipt of such
written notice, the CFD Administrator shall notify such owner of the prepayment
amount for such TMK Parcel; the CFD Administrator may charge a fee for
providing this service. Prepayment must be made not less than 75 days prior to
any redemption date for Bonds to be redeemed with the proceeds of such prepaid
Hawai'i County CFD No. 1-2021 15 June 23,2021
1
Special Taxes. The Prepayment Amount shall be calculated as follows
(capitalized terms as defined below):
Bond Redemption Amount
plus Remaining Facilities Amount
plus Redemption Premium
plus Defeasance Requirement
plus Administrative Fees and Expenses
less Reserve Fund Credit 1
equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount shall be
determined by the CFD Administrator pursuant to the following steps:
Step 1: Confirm that no Special Tax delinquencies apply to such TMK
Parcel.
Step 2: Compute the total Maximum Special Tax that could be levied on
the TMK Parcel prepaying the Special Tax in the Fiscal Year in
which prepayment would be received by the County, as set forth in .
Section C above. For TMK Parcels of Developed Property, the
Maximum Special Tax equals the greater of the Assigned Special
Tax and Backup Special Tax.
Step 3: (a) Divide the Maximum Special Tax computed pursuant to Step 2
for such TMK Parcel by the total estimated Maximum Special Tax
Revenues that could be levied in that Fiscal Year onroPe
P rtY
within Tax Zone 1, as set forth in Section C above, excluding any
TMK Parcels which have prepaid their Special Tax obligation,and
3.
(b)Divide the Maximum Special Tax computed pursuant to Step 2 e:
for such TMK Parcel by the Maximum Special Tax Revenues that
could be generated at buildout for the entire Tax Zone 1 area as k
determined by the CFD Administrator based on the Development
Plan and other information currently available, excluding any . j
TMK Parcels which have prepaid their Special Tax obligation.
Step 4: Multiply the larger quotient computed pursuant to Steps 3(a) or t
3(b) by the Outstanding Bonds to compute the amount of
Outstanding Bonds to be retired and prepaid (the "Bond
Redemption Amount").
Step 5: Compute the current Remaining Facilities Costs (if any).
Step 6: Multiply the larger quotient computed pursuant to Steps 3(a) or
3(b) by the amount determined pursuant to Step 5 to compute the
Hawai'i County CFD No.1-2021 16 June 23,2021
u
1
J
7
I
3
1
1
amount of Remaining Facilities Costs to be prepaid (the
"Remaining Facilities Amount").
1
Step 7: Multiply the Bond Redemption Amount computed pursuant to Step
4 by the applicable redemption premium, if any, on the
Outstanding Bonds to be redeemed(the "Redemption Premium"). 5
i
Step 8: Compute the amount needed to pay interest on the Bond
Redemption Amount starting with the first Bond interest payment
date after which the prepayment has been received until the earliest
redemption date for the Outstanding Bonds, which, depending on
the Bond offering document, may be as early as the next interest
payment date. i
i.Step 9: Compute the amount of interest the County reasonably expects to
derive from reinvestment of the Bond Redemption Amount plus
the Redemption Premium from the first Bond interest payment
date after which the prepayment has been received until the
redemption date for the Outstanding Bonds.
i
I
Step 10: Take the amount computed pursuant to Step 8 and subtract the i.
amount computed pursuant to Step 9 (the "Defeasance .'
Requirement").
ril
Step 11: Determine the costs to compute the prepayment amount, the costs
to invest the prepayment proceeds, the costs to redeem Bonds, the i
costs to record any notices to evidence the prepayment and the
redemption, and any other administrative costs associated with the 't
i
prepayment(the "Administrative Fees and Expenses").
Step 12: If and to the extent so provided in the Indenture pursuant to which
the Outstanding Bonds to be redeemed were issued, a reserve fund t
credit shall be calculated as a reduction in the applicable reserve a:
fund for the Outstanding Bonds to be redeemed pursuant to the i
prepayment (the "Reserve Fund Credit"). No Reserve Fund 4,
Credit shall be granted if reserve funds are below 100% of the 1
reserve requirement on the calculation date. r
i
Step 13: The Special Tax prepayment is equal to the sum of the amounts
computed pursuant to Steps 4, 6, 7, 10, and 11, less the amount
computed pursuant to Step 12 (the Prepayment Amount").
a
Step 14: From the Prepayment Amount, the amounts computed pursuant to 1
5
Steps 4, 7, 10, and 12 shall be deposited into the appropriate fund
as established under the Indenture and used to retire Outstanding 1
Bonds or make debt service payments. The amount computed
a
Hawai'i County CFD No.1-2021 17 June 23,2021 ' E
pursuant to Step 6 shall be deposited into the Construction Fund.
The amount computed pursuant to Step 11 shall be retained by the
County for CFD No. 1-2021.
The Special Tax Prepayment Amount may be sufficient to redeem other than a
$5,000 increment of Bonds. In such cases, the increment above $5,000, or
integral multiple thereof, will be retained in the appropriate fund established
under the Indenture to be used with the next prepayment of Bonds or to make debt
service payments as provided in the Indenture.
For any TMK Parcel that is prepaid, the County Council shall cause a suitable
notice to be recorded and filed with the Bureau of Conveyances and/or Land
Court in compliance with the Code, to indicate the prepayment of Special Taxes
and the release of the Special Tax lien on such TMK Parcel, and the obligation of
such TMK Parcel to pay the Special Tax shall cease. The CFD Administrator
shall mail a copy of the notice to the owner and any known lessee of the property.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed
unless the amount of Assigned Special Tax that may be levied on Taxable
Property (excluding Taxable Property Owner Association Property) at buildout of
the entire Tax Zone 1 area, as determined by the CFD Administrator based on the
Development Plan and other information currently available, both prior to and
after the proposed prepayment, is at least 1.1 times the maximum annual debt
service on all Outstanding Bonds plus the estimated Administrative Expenses.
2. Partial Prepayment
The Special Tax on a TMK Parcel of Taxable Property in Tax Zone 1 may be
partially prepaid. The amount of the prepayment shall be calculated as in Section
G.1, except that a partial prepayment shall be calculated by the CFD
Administrator according to the following formula:
PP = (PF—AE) x % + AE.
The terms above have the following meaning:
PP = the partial prepayment
PF = the Prepayment Amount (full prepayment) for the Special Tax
calculated according to Section G.1
AE= the Administrative Fees and Expenses determined pursuant to Step
11 above
= the percentage by which the owner of the TMK Parcel(s) is
partially prepaying the Special Tax
The Special Tax partial prepayment amount must be sufficient to redeem at least a
$5,000 increment of Bonds.
Hawai'i County CFD No.1-2021 18 June 23,2021
The owner of any TMK Parcel who desires such prepayment shall notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax and the
percentage by which the Special Tax shall be prepaid. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial
prepayment of the Special Tax within thirty (30) days of the request and may
charge a fee for providing this service. With respect to any TMK Parcel that is
partially prepaid, the CFD Administrator shall (i) distribute the remitted
prepayment funds according to Section G.1, and (ii) indicate in the records of
CFD No. 1-2021 that there has been a partial prepayment of the Special Tax and
that a portion of the Special Tax with respect to such TMK Parcel, equal to the
outstanding percentage (1.00 — "%", as defined above) of the Maximum Special
Tax,shall continue to be levied on such TMK Parcel pursuant to Section D.1.
Notwithstanding the foregoing, no Special Tax partial prepayment shall be
allowed unless the amount of Assigned Special Tax that may be levied on
Taxable Property (excluding Taxable Property Owner Association Property) at
buildout of the entire Tax Zone 1 area, as determined by the CFD Administrator
based on the Development Plan and other information currently available, both
prior to and after the proposed partial prepayment, is at least 1.1 times the
maximum annual debt service on all Outstanding Bonds plus the estimated
Administrative Expenses.
H. INTERPRETATION OF SPECIAL TAX FORMULA
The County reserves the right to make minor administrative and technical changes to this
document that do not materially affect the rate and method of apportioning the Special
Taxes. In addition,interpretation and application of any section of this document shall be
left to the County's discretion. Interpretations may be made by the County by ordinance
or resolution for purposes of clarifying any vagueness or ambiguity in this RMA.
TERM OF SPECIAL TAX
1. Tax Zone 1
The Fiscal Year after which no further Special Tax shall be levied or collected in
Tax Zone 1 is Fiscal Year 2060-61, except that the Special Tax that was lawfully
levied in or before such Fiscal Year and that remains delinquent may be collected
in subsequent years.
2. Tax Zone 2
104
The Special Tax in Tax Zone 2 shall be levied for the period necessary to fully
satisfy the Tax Zone 2 Special Tax Requirement, but in no event shall the Special
Hawai'i County CFD No. 1-2021 19 June 23,2021
Tax be levied in Tax Zone 2 after the earlier of(i) June 30, 2081, or (ii) the date
on which the CFD Administrator files with the County Council a written
notification (which the CFD Administrator shall file as soon as reasonably
practicable after the close of a Fiscal Year)that the following events all occurred
in the prior Fiscal Year:
a. Debt Service Test. The County Council has resolved or
covenanted that it will not issue any additional Bonds for CFD No.
1-2021 except for refunding purposes, provided that the debt
service in any Fiscal Year on all outstanding Bonds after such
issuance does not exceed the debt service on the Bonds before the
refunding;and
b. Special Tax Revenue Test—Developed Property. The aggregate
Special Taxes received from Taxable Property in CFD No. 1-2021
from the levy of such Fiscal Year's Special Tax (as opposed to
receipts from prior Fiscal Years and penalties and interest) on
TMK Parcels in Tax Zone 1 that were classified as Developed
Property for such Fiscal Year were not less than 50% of such
Fiscal Year's Tax Zone 1 Special Tax Requirement; and
c. Special Tax Revenue Test — Developed Property Plus Final
Mapped Property. The aggregate Special Taxes received from
Taxable Property in CFD No. 1-2021 from the levy of such Fiscal
Year's Special Tax(as opposed to receipts from prior Fiscal Years
and penalties and interest) on TMK Parcels in Tax Zone 1 that
were classified as Developed Property or as Final Mapped
Property for such Fiscal Year were not less than 75% of such
Fiscal Year's Tax Zone 1 Special Tax Requirement; and
d. . Special Tax Revenue Test — Developed Property Plus Final
Mapped Property Plus Undeveloped Property. The aggregate
Special Taxes received from Taxable Property in CFD No. 1-2021
from the levy of such Fiscal Year's Special Tax (as opposed to
receipts from prior Fiscal Years and penalties and interest) on
TMK Parcels in Tax Zone 1 that were classified as Developed
Property, as Final Mapped Property, or as Undeveloped Property
for such Fiscal Year were not less than 100%of such Fiscal Year's
Tax Zone 1 Special Tax Requirement; and
e. Value Test. The "value of real property," as defined in Section
32-57(c) of the Code, of the Taxable Property in Tax Zone 1 is at
least three times the principal amount of Bonds then outstanding;
and
Hawai'i County CFD No.1-2021 , 20 June 23,2021
•
f. Value Test—Undeveloped Property. The aggregate Land Value
of the non-delinquent TMK Parcels in Tax Zone 1 that were
classified as-Undeveloped Property for such Fiscal Year is not less
than three times the product of the principal amount of Outstanding
Bonds multiplied by a fraction, the numerator of which is the
aggregate Special Taxes received from Taxable Property in CFD
No. 1-2021 from the levy of such Fiscal Year's Special Tax (as
opposed to receipts from prior Fiscal Years and penalties and
interest) on TMK Parcels in Tax Zone 1 that were classified as
Undeveloped Property for such Fiscal Year, and the denominator
of which is such Fiscal Year's Tax Zone 1 Special Tax
Requirement.
The satisfaction of the conditions listed above in the CFD Administrator's written
notification to the County Council would, for purposes of Section 32-56 of the
Code, be deemed a prepayment and permanent satisfaction of the obligation to
pay the Special Tax applicable to the TMX Parcels in Tax Zone 2. Accordingly,
the County Council shall promptly cause to be prepared and filed with the Bureau
of Conveyances and/or Land Court a notice of cancellation of Special Tax for all
TMK Parcels in Tax Zone 2, all as provided for in said Section 32-56 of the Code.
Hawai'i County CFD No. 1-2021 21 June 23,2021
ATTACHMENT 1
1
I-IAWAI`I COUNTY
COMMUNITY FACILITIES DISTRICT No.1-2021 1
• (KALOKO HEIGHTS PROJECT)
IDENTIFICATION OF TAX ZONES
1
a
g
ZQ
k
TMKs Within Tax Zone 1: x
3-7-3-009-057-0000-000 Zl 3
3-7-3-009-058-0000-000 .5$
3-7-3-009-059-0000-000 1
3-7-3-009-060-0000-000 1
3-7-3-009-061-0000-000 0
3-7-3-009-062-0000-000
3-7-3-009-070-0000-000 '
3-7-3-009-071-0000-000 ¢
TMKs Within Tax Zone 2; / ,/ . .'•
3-7-3-009-019-0000-000
i
Legend A
l
MINI CFD Boundaries "
, ,
Tax Zone 1
/A Tax Zone 2
12 Lot Number
1
a.
ri
F
ATTACHMENT 2
HAWAII COUNTY
COMMUNITY FACILITIES DISTRICT NO.1-2021
(KALOKO HEIGHTS PROJECT)
TAX ZONE 1
EXPECTED LAND USES AND EXPECTED MAXIMUM SPECIAL TAX REVENUES
» AT CFD FORMATION «
Number of
Expected Maximum Total
Residential Special Tax Expected
Units&Acres of per Unit Maximum
Other Residential/ or Acre for Special Tax
Non-Residential Fiscal Year Revenues *
Expected Land Uses Property 2021-22* (FY 2021-22*)
Single Family Detached Property
Residential Floor Area < 1,601 SF 10 Units $1,663 per Unit $16,630
Residential Floor Area 1,601 - 1,800 SF 57 Units $1,913 per Unit $109,041
Residential Floor Area 1,801 -2,000 SF 20 Units $2,163 per Unit $43,260
Residential Floor Area 2,001 -2,200 SF 66 Units $2,537 per Unit $167,442 .
Residential Floor Area 2,201 -2,400 SF 77 Units $2,869 per Unit $220,913
Residential Floor Area 2,401 -2,600 SF 81 Units $3,119 per Unit $252,639
Residential Floor Area >2,600 SF 60 Units $3,410 per Unit $204,600
Single Family Attached Property 150 Units $1,281 per Unit $192,150
Other Residential Property 0.0 Acres $11,298 per Acre $0
Non-Residential Property 0.0 Acres $11,298 per Acre $0
Total 521 Units $1,206,675
0.0 Acres
* thereafter, all dollar amounts shown in the table above shall be increased by an amount
On July 1, 2022, and on each July 1 ft ,
equal to two percent(2.0%)of the amount in effect for the prior Fiscal Year.
EXHIBIT D
ORIGINAL DEPOSIT AND REIMBURSEMENT AGREEMENT
and
AMENDMENT TO DEPOSIT AND REIMBURSEMENT AGREEMENT
415903.6
i
EXHIBIT D .
COUNTY OF HAWAII •
.
PROPOSED IMPROVEMENT DISTRICT • •
DEPOSIT AND REIMBURSEMENT AGREEMENT
THIS AGREEMENT is made and entered into this • .
• Wi OVI h , 2019, by and between the County of Hawai`, a
municipal corporation of the State of Hawaii, by and through its Finance Department
• whose mailing address is 25 Aupuni Street, Hilo, Hawaii 96720 (the "County"), and
RCFC Kaloko Heights, LLC, a Delaware limited liability company, whose mailing
• address is 555 California Street, Suite 3450, San Francisco, California, 94101 (the •
"Proponent"),which owns the property within the boundaries of a proposed improvement .
• district. •
RECITALS .
A. The Proponent owns the real property that is included within the proposed
boundaries of a proposed improvement district (the "Proposed District") for the •
development known as "Kaloko Heights" (the "Development Project"). The
. Proposed District is proposed to be established pursuant to the provisions of
. . Chapter 12 of the Hawaii County,Code 1983 (2016 Edition, as Amended) (such
chapter and code being referred to herein as "Chapter 12" and the "Code,"
respectively) for financing the acquisition, construction and installation of
"special improvements," as defined in Chapter 12 (the "Special Improvements")
which the Proponent is required to provide in connection with the Development
Project.
w
• B.
. The County and the Proponent have entered into a Memorandum of Agreement
dated January 15,2019 (MOA)pursuant to which the parties have agreed to meet
certain target dates for the establishment of the Project District for the
Development Projecttogether with related goals, pursuant to which the parties
contemplated the County's hiring of consultants to facilitate the completion of the ••
Proposed District.
C. To facilitate the expeditious implementation of the MOA, the Proponent has
agreed to advance funds to allow the County to pay all costs and expenses of the• .
County related to proceedings heretofore and hereafter conducted for the
• establishment of the Proposed District and the issuance of improvement bonds for •
the Proposed District pursuant to Chapter 12 (the "Proposed Bonds").
D. The parties hereto wish to enter into an agreement to define the terms and
conditions under which the funds will be advanced and subsequently reimbursed.
•.
AGREEMENT
In consideration of the mutual promises herein contained, the parties hereto do
.hereby agree as follows:
Section 1. Proponent's Deposit; Use of Deposited Funds.
(a) The Proponent agrees to deposit initially the sum of $75,000 (together
with additional deposits hereunder, the "Deposit") with the County to pay one hundred
percent (100%) of the reasonable costs and expenses of the County relating to the
proceedings for the formation of the Proposed District and the issuance of the Proposed
Bonds (collectively, the "County Costs"), including without limitation: (i) the fees and
expenses of the County's financial advisor, appraiser, legal counsel (including bond
counsel and special tax counsel, if applicable), consulting engineers and other
professional consultants and advisors (individually a "Consultant" and collectively the
"Consultants"); (ii)publication costs and other out-of-pocket expenses; (iii) a reasonable
charge (if applicable) for County staff time and administrative costs expended by,the
•
County and attributable to facilitating the expeditious formation of the Proposed District
and the issuance of the Proposed Bonds.
(b) The County may draw upon the Deposit to pay the County Costs from
• time to time. The County shall not be obligated
aanntoadvance any of its funds for purposes
of forming the Proposed District or the�lTrDddsale of the Proposed Bonds.
(c) In the event that the balance of the Deposit falls below $20,000, or is
otherwise insufficient to pay any County Costs due or coming due, the Proponent shall
•
deposit additional monies with the County in the amount necessary to restore the balance
of the Deposit to $75,000 and/or pay the County Costs due or coming due. The
Proponent shall deposit such additional monies within ten (10) calendar days of the
receipt of written notification from the County of the need for such additional funds.
• Without limiting any other right of the County to discontinue proceedings relating to the
Proposed District or the Proposed Bonds, it is expressly understood and agreed that the
County shall have the right to suspend or terminate all proceedings for the establishment •
of the Proposed District and/or the issuance of the Proposed Bonds in the event that the
Proponent fails to deposit such additional monies with the County within said ten (10)
calendar days.
•
(d) The County shall provide monthly statements to the Proponent showing
the amount disbursed from the Deposit and the remaining balance thereof The monthly
statements shall include the recipients of the funds disbursed, the amounts paid to each
recipient and include the nature of the work performed. the County agrees to keep such
records as are reasonably necessary to show the amount of monies disbursed for payment
of County Costs, including summaries of County staff and administrative costs paid from
the Deposit funds, if any. The County shall make such records available to the Proponent
upon request.
• Deposit and Reimbursement Agreement Page 2 of 6
9 I
Section 2. Consultants, Compensation, and Method of Payment. The
County shall retain the Consultants upon such terms as it deems appropriate in its sole
discretion. The County shall have the sole discretion to select the persons or firms to be
retained as Consultants,and to evaluate their performance and the reasonableness of their
compensation. Compensation shall be paid to each Consultant for work performed as
specified in their respective contracts with the County. Upori request, the County shall
•
provide the Proponent with a summary of fees paid to the Consultants on a bi-monthly
basis, together with copies of the invoices for which consultant payments have been
made.
Section 3. Reimbursement to Proponent. if the Proposed District is
established and the Proposed Bonds are issued, the Proponent shall be entitled to be
reimbursed for Deposit, without interest, from the proceeds of the Proposed Bonds. In
• the event that the net proceeds of the Proposed Bonds, after deducting the costs of
issuance from the proceeds received by the County, are insufficient to fully fund both(i)
reimbursement of the Deposit and (ii) financing of the Special Improvements, the
Proponent shall advise the County in writing whether it wishes to receive reimbursement
of the Deposit or'to waive its entitlement to such reimbursement. In the event that the
Proposed Bonds are issued in multiple series, waiver of reimbursement with respect to a
given series shall not constitute a waiver of reimbursement from the proceeds of any
. subsequent series. If the proceedings are abandoned for any reason prior to the sale,and
issuance of the Proposed Bonds,the obligation of the County to reimburse the Proponent
• for the Deposit or any portion thereof shall be strictly limited to that portion of the
Deposit not yet.expended;and the prckNeag Absection (c) of Section 5 hereof shall
govern the application of such unexpended portion of the Deposit.
Section 4. Ownership of Documents. All plans, specifications, reports,
appraisals and other documentation prepared as part of the proceedings to establish the
Proposed District and to sell and issue the Proposed Bonds shall become the property of
the County, regardless of whether the Proposed District is formed and/or the Proposed
Bonds are sold and issued; provided,however,that the Proponent shall be entitled to use
• the information contained in such documents.
Section 5. No Obligation to form an Improvement District;
• Abandonment of Proceedings.
(a) The County expressly reserves the right to abandon the proceedings for •
the establishment of the Proposed District and/or issuance of the Proposed Bonds for any
reason at any time prior to the completion thereof. Without limiting the generality of the
foregoing,the Proponent expressly acknowledges that the decision of the County to form
an improvement district and/or to issue improvement bonds under Chapter 12 is an
exercise of the legislative authority of the Council of the County, and that the County
may not enter into a contract or obligate the Council to exercise its legislative discretion
in a particular manner. This Agreement does not, therefore, in any way create a
contractual, legal or equitable obligation of or commitment by the County to approve the
formation of the Proposed District or to sell the Proposed Bonds to finance the Project.
•
Deposit and Reimbursement Agreement Page 3 of 6
a
1
1
•
(b) Should the Proponent elect to abandon the proceedings, the Proponent -
shaIl provide written notification of such election to the County and request the County to •
• terminate all consulting agreements and use reasonable efforts to minimize any and all
additional County Costs. '
(c) . If proceedings to form the Proposed District and/or issue the Proposed
11 Bonds are not completed and are abandoned for any reason at any time,there will be no ' .
obligation on the part of the County to reimburse the Proponent for any monies .
previously advanced pursuant to this Agreement. In such event, the County, however, •
• agrees to return to the Proponent such portion of the remaining balance of the Deposit,
without interest,as the County determines to be in excess of the amount necessary to pay . .
any outstanding County Costs which the County is obligated to pay,which determination
reasonably practicable. If,for anyreason,the remainingbalance
shall be made as soon as r y
of the Deposit is not sufficient to pay all outstanding County Costs, the Proponent shall
deposit such additional amounts as are required to pay all such County Costs.
• (d) It is lieieby expressly acknowledged and agreed that this Agreement is not
itthe Count and that the Countyshall not be obligated to advance
a debt or liability of y, g
any of its funds for purposes of forming the Proposed District or issuing the Proposed
. Bonds.
Section 6. Authority to Ex.uteri. ee uent. The County and the Proponent '
each represents that it has the authors o ex1e u e, deliver and perform its obligations
. under the terms'of this Agreement and that the individual(s)signing this Agreement on its
• behalf have full right and authority to bind said party to this Agreement.
Section 7. Desi znated Representatives; Notices. The following individuals
- are hereby designated as representatives for the County and the Proponent, respectively,
to act as liaison between the parties:
._ I
• County:
Director of Finance(or his/her designee)
County of Hawaii -
25 Aupuni Street, Suite 2103
Hilo,Hawaii 96720
Proponent:
RCFC Kaloko Heights,LLC
555 California Street,Suite 3450
San Francisco,California 94101 '
Phillip Russick
Deposit and Reimbursement Agreement Page 4 of 6
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- Any written notice, statement, demand, consent, approval, authorization, offer, •
designation, request or other communication to be given hereunder shall be given to the
• party entitled thereto at its address set forth above,or at such other address as such party .
may provide to the other party in writing from time to time. Each such notice,statement, ,
demand, consent, approval, authorization, offer, designation, request or other ,
communication hereunder shall be delivered to the party to whom it is addressed (a) if
personally served or delivered, upon delivery, (b) if given by electronic communication, • '
whether telex, telegram, electronic mail or telecopy upon sender's receipt of an
appropriate answerback or other written acknowledgment, (c) if given by registered or
certified mail, return receipt requested, deposited with the United States mail postage
prepaid, 72 hours after such notice is deposited with the UnitedStates Mail, (d)if given •
•
by overnight courier, with courier charges prepaid, 24 hours after delivery to said
overnight courier, or (e) if given by any other means, upon delivery at the address •
• specified in this Section. •
I Section 8. Jurisdiction and Venue. Each of the County and the Proponent
(a) agrees that any suit action or other legal proceeding arising out of or relating to this •
Agreement shall be brought in state court in the County of Hawaii, (b) consents to the
• jurisdiction of each such court in any suit, action or proceeding, and (c) waives any
objection that it may have to the laying of venue or any suit action or proceeding in any
• of such courts and any claim that any such suit, action or proceeding has been brought in
an inconvenient forum. V V
--• Section 9. Amendments. ' -?MgiRent may be amended by an instrument
• in writing executed and delivered by the parties hereto,
Section 10. Waivers. No waiver of, or consent with respect to, any provision
of this Agreement by a party hereto shall in any event be effective unless the same shall
be in writing and signed by such party, and then such waiver or consent shall be effective
only in the specific instance and for the specific purpose for which it was given. -
. t
Section 11. Indemnification. The Proponent hereby indemnifies, and agrees
- that it shall defend and hold harmless,the County and its officials,employees,contractors
and agents, from and against any and all actions, claims, damages, losses or expenses of
any kind whatsoever arising out of or relating to any acts or omissions on the part of the
Proponent or any of its officers, employees, contractors or agents with respect to the
Proposed District or the Proposed Bonds. _
Section 12. Governing Law. This Agreement has been executed in and shall
be governed by the laws of the State of Hawaii.
Section 13. Construction. The parties to this Agreement and their counsel
have reviewed and revised this Agreement, and the normal rule of construction to the .
effect that any ambiguities in an agreement are to be resolved against the drafting party •
• • shall not be employed in the interpretation of this Agreement.
Deposit and Reimbursement Agreement Page 5 of 6
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• Section 14. Severability. If a provision of this Agreement is found to be void, .
illegal or unenforceable, then any such provision shall be deemed stricken and the
. _ • remaining provisions hereof shall,nevertheless,remain in full force and effect.
Section 15. Entire Agreement. This Agreement shall constitute the entire
. - Agreement between the parties. Any amounts to or clarification necessary to this •
• Agreement shall be in writing and acknowledged by all parties to the Agreement.
Section 16. Counterparts., This Agreement may.be executed in one or more
counterparts, each of which shall constitute an original,and all of which together shall be
considered one and the same instrument. ••
IN WITNESS WHEREOF,the undersigned parties have executed this this Agreement I 1
effective as of the day and year first above written. •
,
• RECOMMEND APPROVAL: ••
t1-.—_ r -. • COUNTY OF HAWAI'I
Deanna Sako,Director By /.....„
Department of FinanceI� HARRY KIM
•
.%la •
Approve) as to L-,alit :nd Form: EXHI i ayor
. . pp rov/ / l r
• By / �S.---___ [Proponent] '
tri7- orporation Counsel - RCFC KALOKO U.EIGHTS,LLC I Li
s.
By:
Name: Aaron A. Giovara
Approved as to Availability of Funo Its: Authorized Signatory
tiff the amounts and for the purposes
set forth herein. i
a
•
DIBEGrOR OF FINANCE
MAY 172419 1
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I P
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- 1 S
Deposit and Reimbursement Agreement Page 6 of 6
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I C,
AMENDMENT TO DEPOSIT AND REIMBURSEMENT AGREEMENT 1
THIS AMENDMENT TO DEPOSIT AND REIMBURSEMENT AGREEMENT is made
and entered into as of this_day of , 2021,by and between the County of Hawaii, a a
municipal corporation and political subdivision of the State of Hawaii(the"County"),and RCFC
Kaloko Heights,LLC, a Delaware limited liability company(the"Proponent"). i
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RECITALS
A. The Proponent has heretofore requested the assistance of the County in financing the costs
of a public sewer extension project (the "Proposed Sewer Extension") for its Kaloko
Heights development under Chapter 12, Hawaii County Code 1983 (2016 Edition, as
Amended) ("Chapter 12"). In connection therewith: (i) the County and the Proponent
. entered into a Deposit and Reimbursement Agreement dated May 17, 2019 (the
"Agreement"),pursuant to which the Proponent has agreed to advance funds to allow the
County to pay all reasonable costs and expenses of the County relating to the establishment
of an improvement district under Chapter 12(referred to in the Agreement as the"Proposed f
• District") and the issuance of improvement bonds (referred to in the Agreement as the
"Proposed Bonds")under Chapter 12 to fund the costs of the Proposed Sewer Extension; i.
and (ii) the Proponent submitted a Petition to the County Council dated January 29, 2020
(the"Original Petition"),requesting that the Council initiate proceedings for the formation
of the Proposed District as an improvement district under Chapter 12..
i
B. Notwithstanding the original intengN131.1Telimrties to proceed with the financing under I
Chapter 12,the County and the Proponent now propose to fund the costs of the Proposed r
Sewer Extension through the establishment of a community facilities district under Chapter
32,Hawaii County Code 1983(2016 Edition,as Amended)("Chapter 32")and the issuance r '
of community facilities district bonds under such Chapter. The Proponent has submitted a
new Petition to the County Council dated June 04 f 2021, whereby it has withdrawn the I
Original Petition and request for assistance thereunder and has requested instead that the
Council authorize the initiation of proceedings for the formation of a community facilities
district and the issuance of community facilities bonds under Chapter 32.
C. The Proponent has agreed to advance funds for the County's costs and expenses relating
to the establishment of the community facilities district and the issuance of community
"s
rX.
facilities district bonds upon the same terms as are provided under the Agreement with i
respect to the Proposed District and the Proposed Bonds. The County and the Proponent b
are entering into this Amendment to Deposit and Reimbursement Agreement for the
purpose of modifying the Agreement so as to apply to the proposed establishment of the k
community facilities district and issuance of community facilities bonds under Chapter 32.
0
AGREEMENT
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NOW, THEREFORE, in consideration of the foregoing, the County and the Proponent, l
each intending to be legally bound,do hereby agree as follows: I
1
415905.4
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1. Amendments. The definitions of the following terms under the Agreement are .
hereby amended as set forth below:
"Proposed Bonds" shall mean and refer to the community facilities district bonds
proposed to be issued to fund the costs of the Proposed Sewer Extension under Chapter 32.
"Proposed District" shall mean and refer to the community facilities district
proposed to be established with respect to the Proposed Sewer Extension under Chapter 32.
2. Ratification and Confirmation of Agreement. Except as expressly modified hereby,
the Agreement is hereby ratified and confirmed, and is and shall remain in full force and effect in
all respects. It is expressly agreed and intended that the Agreement, as amended hereby, shall 6
apply in all respects to the establishment of the Proposed District and issuance of the Proposed
Bonds for the purpose of funding the costs of the Proposed Sewer Extension under Chapter 32.
IN WITNESS WHEREOF, the County and the Proponent have each caused this
Amendment to Deposit and Reimbursement Agreement to be executed and delivered as of the day
and year first above written.
Recommend Approval: COUNTY OF HAWAII
• By t.
Director of Finance fI,r Mayor
Approved as to Form and Legality:
•
Corporation Counsel
Approved as to Availability of Funds in the
amounts and for the purposes set forth herein. •
Director of Finance
RCFC KALOKO HEIGHTS,LLC
By:
Name:
Its:
2
APPENDIX D
Kaloko Heights Affordable Housing Offsite Sewer System Improvements
Engineer's Estimate
7-5-21
ITEM NO. DESCRIPTION UNIT ESTIMATED BID UNIT BID PRICE
QUANTITY PRICE
Sewer System Improvements
Lump Sum for mobilization;demoblization;field
investigations;measurements and testing;delivery
1 hauling and removal of heavy equipment;traffic
control erosion control,storm water pollution
prevention, and cleanup and finishing LS 1.00 $ 700,000.00 $ 700,000.00
2 Sewer System Trench Excavation CY 33,500.00 $ 70.00, $ 2,345,000.00
3 Tie into Existing SMH 1 1 1.00 $ 25,000.00 $ 25,000.00
4 8"SDR 26 PVC sewer pipe,in•place complete. LF 257.00 $ 240.00 $ 61,680.00
5 10"SDR 26 PVC sewer pipe,in place complete. LF 6,167.00 $ 250.00 $ 1,541,750.00
6 12"SDR 26 PVC sewer pipe,in place complete. LF 5,691.00 $ 270.00 $ 1,536,570.00
7 4"minus aggregate backfile above pipe to below
pavement base course,in place complete CY 26,000.00 $ 37.50 $ 975,000.00
3/4"Base course pipe bedding and backfill to 12"
8 over pipe and pavement base course,in place
complete CY 6,500.00 $ 60.00 $ 390,000.00
Controlled low-strength material(CLSM),Class"B"
9 backfill,in place complete CY 1,000.00 $ 100.00 $ 100,000.00
10 Sewer manholes 5.0 to 9.5 feet deep,in place
complete EA - 15.00 $ 10,000.00 $ 150,000.00
11 Lined sewer manholes 5.0 to 9.5 feet deep,in place
complete EA 7.00 $ 11,500.00 $ 80,500.00
12 Sewer manholes 9.51 to 15.0 feet deep,in place
complete EA 2.00 $ 12,000.00 $ 24,000.00
13 Lined sewer manholes 9.51 to 15.0 feet deep,in
place complete EA 5.00 $ 14,000.00 $ 70,000.00
14 Lined sewer manholes 15.1 to 20.0 feet deep,in
place complete EA 2.00 $ 16,000.00 $ 32,000.00
15 Lined shallow drop manholes 5.0 to 9.99 feet deep,
in place complete EA 1.00 $ 15,000.00 $ 15,000.00
16 Lined shallow drop manholes 10.0 to 14.99 feet
deep,in place complete EA 7.00 $ 16,000.00 $ 112,000.00
17 Lined drop manholes 15.0 to 16.0 feet deep,in place
complete EA 1.00 $ 35,000.00 $ 35,000.00
18 Sewer cleanout at stubout,in place complete EA 11.00 $ 2,000.00 $ 22,000.00
19 Reinforced concrete jacket,in place complete LF 480.00 $ 300.00 $ 144,000.00
SUBTOTAL SEWER $ 8,359,500.00
1
Kaloko Heights Affordable Housing Offsite Sewer System Improvements
Engineer's Estimate
7-5-21
ITEM NO. DESCRIPTION UNIT ESTIMATED BID UNIT BID PRICE
QUANTITY PRICE
Roadway Improvements
Re-pave Hina Lani Street 10 foot shoulder with 1-1/2-
20 inch thick asphaltic concrete wearing surface Mix IV
in place,with prime coat,in place complete SY 6,700.00 $ 38.00 $ 254,600.00
Re-pave Hina Lani Street/Ane Keohokalole Highway
21 intersections,3 inch thick asphaltic concrete wearing
surface,Mix III in place complete SY 556.00 $ 70.00 $ 38,920.00
22 Striping,4"white,in place complete LF 6,200.00 $ 5.00 $ 31,000.00
Miscellaneous pavement striping including
23 median, Stop Bar,Turn Arrow as required, in
place complete LS 1.00 $ 12,000.00 $ 12,000.00
Restore gravel shoulder and landscaping along
24 Ane Keohokalole Highway,driveway and
walking path pavement restoration, in place
complete LS 1.00 $ 57,500.00 $ 57,500.00
SUBTOTAL ROAD AND SHOULDER $ 394,020.00
SUBTOTAL $ 8,753,520.00
Contingency 20% $ 1,750,704.00
TOTAL $10,504,224.00
2