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Mar-13-OS 14:06 Prom-DOODSILL ANDERSON +8085475680 i-804 P tf/37 F-D05 Mr. Edwin S. Tetra Pag® 2 June 3, 1994 On 14arch 2, 1988, a Memorandum of Agreement wee executed between Che County of Hawaii and TransconCinental Development Campany which &at forth the terms end conditions to satisfy the affordabl8 housing requirement for the remaining balance of the 3,000 resort-hotel units allowed For the property. The developer agreed to convey 300 net developable acres of land in Waikoloa village along with the requited infrastructure- County Council Resolution No. 420-88 Approved the terms and conditions Contained in the March 2, 1988 Memorandum of Agreement. Two separate agreements were subsequently executed to satisfy the requirement thaC ine developer convey to the County 30.0 acres of develepable land. An agreement dated July 19, 1991, between Wdikoloa Development Company (WDC} provided that WPC would convey 250 acres of 1And in waikoloa to the County. A warranty deed dated 6eptember 11, 1991, conveyed title to this bulk parcel to the County- The Tri-party Development Agreement between waikoloa Land Company, James x. scnuler and Associates, Inc., and the County was also executed on July 19, 1991. This Tri-party Agreement provided for the conveyance of the remaining SO acres of the 300 acre requirement and the development of approximately 180 single-ramily residences on Chia land to be sold at affordable przces. This development is now known as Paniolo Estates. Quest,~,QP Asked You now ask whether the conveyance of tho 2.3 acre Jaok rail parcel and the subsequent conveyance of 300 acres satisfy the h0uiing conditions for the 3,000 resort-hotel unite approved by Drdinance Nos. 265, SS-75 end 85-76. Answer YeS. The COItVEyanCe Of th0 2.3 acre paY'Cel ilp4lr i...i.: i. ilc Jack Hall project was built and the subsequent conv®Yance of the 300 acres•in Waikgloa village along with all required infrastructure ful]y satisfy th® housing conditions imposed by the County Council for the 3,000 resort-hotel units approved by Ordinance Nos. 265, 85-75 and 85-76. Presently, the Weikoloa Highlands does not have a housing condition as the change of zoning for tbs Highlands involved Agriculturally zoned land which dpe6 not trigger a housing condition. However, should the xighlands or any outer area come before the County Council for ret6nin9 action which would result in an urban type of use, additional housing conditions Could be imposed to alleviate the effects of such additional urban development.