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HomeMy WebLinkAboutCOM 0230.004 2004-2006 tlay-13-05 14.05 From-GOODSILL ANDERSON +8008478000 T-80d P.OI F-005 GOODSILL A1dDERSON ~UWN & STIFEL A LIMItEO LIAeILITV LAm PARTNERSHIP LLP ALIT PLnCE. SUITE 1800•]099 A~Aw.+STRREY HONdWLU. HnwAll96813 MAIL AuoRa56: P.O. Box 3196 HONOLCILW, Hnwnn V6eo1 ~ % TGLF?HO1+E (sob) s+7-5600 • Pn%(BOA) 5~7-5880 _ info®goodsilLcom • wa~w.goodsiil.com _ FACSTMTY,E TRA.'V$MISSION gArE: May 13, 2005 To: - NAME: FAX NO.: PHONE NO.: SENT/OPER4TOR Pete lfoffinan (808) 887-2072 (808) 887-2043 _ Council Member_ District 9 I Hawaii County Council County Clerk's Office (8081961-8912 (808) 961-8245 - Hawaii County Council ~ ~ FROM: Lisa A. Bail PHONE: (808) 547-5787 RE: Comm. 230: (Bi1189) MArreRNo: 99884 An Ordinance .Amending Ordinance 95-51 NUMBER OF PAGE3'WITEN COVER PAGE: Mersa e; Letter dated May 13, 2005 from Lisa Bail. Please refer for testimony. ~ h you do not receive all of the pages or if they are lllegiWe, please call tho fax room ei (808) 547-5800, ext. 5Y8. CONFIDEN77ALITY.~ TAe lnformetwn contained in this fax Rlessage is intanded for tha confidential use of the perons nanrer BbdVe. 77gS massage may Da an BttOR)Qy-COent CCn7mVR/Cat1017 end, a5 SuCh, is pnVUeged aRd Confidential. !f yCU nave IEGerv Et tns document m error, any raWew or distr/bution of this message ,s sMdtly prohibited, and you should nntdy us ,mmgd~ately k^ re/epnone and rerum rna ongma! message to us by mail. Thank you. 936813.! Comm. No. Z.3~. Ref. To: R<£. iJa'e i Q MaY-13-05 14:06 Frnm-000DSILL ANDCRSON +9085475880 T-804 P Di F-005 GOODSILL ANDERSON QUiNN & STIFEL /',,L:MITE~LIAtlILR"i LAw PA 0.7NEFSHIF LLP LISA A. BAIL ALIT PLACL $UI7E I8D0 • ID99 ALAKEA $ltEET Houo W w, Hn~rn;19ti813 I~MII ADDA955: P.O. Dox 3196 HOIVOwLU, klnarnn 94601 T'eLsrno~e (808} 547.5600 • FAx (6067 547.5880 infa(y~Cnodstll.com • wa~w.goodsill.com May l3, zoos VIA FACSIMILE NO. (808) 887-2072 Pete Hoffman Council Member. District 9 Hawaii Cottnty Council 25 Aupuni Street Roam 209 Hilo, Hawaii 9(x720 Re: Gomm. 230: (>3i1189) A~Ort y~~tce Amending Ordinance 95-51 Dear Mr. Hoffman: This letter is submitted on behalf of Waikoloa Development Company ("Waikoloa") for the Hawaii County Council Committee on Planning Meeting on fay 17, 2005 at 1:00 p.m. regarding Comm. 230: (Bill 89), an Ordinance Amending Ordinance No. 95-51. Waikoloa concurs with the Planning Commission's amendments to Conditions B, C, F, K and L, and objects to the amendments to Conditions D, G, H,1 and I for the following reasons. General Objections to Planning Commission's Recommendation Waikoloa did not submit a request for new zoning of its property. Instead, Waikoloa's request was for an extension of time to comply with conditions which have already been imposed. The Planning Department Found that Waikoloa has made a good faith effort in complying wish the conditions of Change of 2onc Ordinance 95-51 and that Waikoloa's non-performance was due to unforeseeable conditions which were beyond Waikoloa's control. Planning .Department Recommendation at p. 2. Neither the Planning Department nor the Planning Commission have identi£zed any public interest that would be impacted by extending the time for Waikoloa to obtain final suhdivisian approval. As such, there is no "essential nexus" between the conditions and any purpose that would be served by denying Waikoloa's request, as required by ~lollan v. California Crtal Cotmission, 483 U.S. 825, 837 (1987). Moreover. the Planning Department has 9sz3aa.l May-It-o5 14:06 From-000DSILL ANDERSON +80H5476880 T-B 04 P 03 F-roe I tUUU~ILL t1,'VI~ERSON L,2C,'Q~I\ C>~ 3l [F1;'v A LIMITPp 1.1~61LrtY Ln W PAft71.~'4p,FIIP LLI' Pete Hoffman Cauncil Member, District 9 Hawaii County Council May 13, 2005 Page 2 failed to show that the conditions are related both in narure and extent to any impact of the requested extension, as required by Dolan y. City of Tigard, 512 U.S. 374, 391 (1994). Speeiflc (yb,~ections to Planning Commission's Recommendation Para r,ipa h~(Cotnmission 12ecotnmendation at n. 21 We object to deletion of existing laziguage regarding fulfillment o£ Waikolo&'s affordable housing requirements, and substitution of language regarding compliance with the requirements of Chapter 11, Article 1 of the Hawaii County Code relating to Affordable Housing Policy. Waikaloa 1-lighlands has never previously been subject to any affordable housing requirements under previous ordinances. As stated in an opinion from the Office of Corporation Counsel on June 3, 1994, a copy of which is enclosed, "...the Waikoloa Highlands does not have a housing condition as the change of zoning for the Highlands involved Agriculturally Zoned land which does not trigger a housing condition." S e a so the June 9, 1994 memo to Virginia Goldstein from Spencer Schutte with similar language, a copy of which is also enclosed. The new Affordabie Housing T'olicy is likewise not applicable to Waikoioa Highlands which is neither a "new rezoning" nor a prior rezoning action which contains affotdable housing conditions that have not been satisfied. ~ Section 1 ] -4, The previously rezoned Waikoloa Highlands has never been subject to affordable housing conditions and is therefore not subject to the new affordable housing requirements. Even though there was no previous affordable housing requirement for Waikoloa Highlands Subdivision 89-174, Waikoloa has donated 300 acres of land to the county for affordable housing. The County of Hawaii had an appraisal of this acreage in 1991 which showed a market value for that property of $3b,450,00Q a value that far exceeded the in litu fee under prior affordable pausing requirements, even assuming inclusion of a nonexistent in lieu £de for Waikoloa Highlands. As recognized in the MOA, "The County and TDC expect[ed] that the development of the 3Q0 acres will complement the development of the Highlands :Vtastez Plan." Mav-13-05 tq:05 Frum-GOODSIIL hNDERSON +808547588D T-804 P.O4 F-006 1y00D5T1 I_ A'~DPRSON ~L~'\~ Fit. S~ T - A LiAM'En l.ineL.IT' Lnw PART>Ea:m^ V t> Pete Ho£fman Council Member, District 9 Hawaii County Council May 13, 2005 Page 3 Para¢r@~h G (Commission Recommendation at p. This paragraph imposes new conditions and requirements that are not contained either in current Zoning brdiriance 95-51 or in the current zoning code for the County of Hawaii. As previously stated, we object to the imposition of any new condirions far the extension of time to satisfy the existing subdivision approval condition under existing Zoning Ordinance 95-51. We also object more specifically ko Paragraph G on the following grounds: i) In connection with the Highlands Golf Eata[es Project (Subdivision 89- 172 and PUD Permit 9]-3}, Waikoloa has already submitted and obtained the Planning Director's approval for deed restrictions which limit residential improvements to one single family dwelling. Therefore the imposition of additional conditions as set forth in proposed Paragraph G are unnecessarily duplicative. The additional conditions also unnecessarily create confusion with respect to a requirement on which Waikoloa and the County planning agencies have already agreed. )~nalosed for yonr information are copies of Waikoloa's submittal dated November 19, 1993 enclosing the proposed language limiting the number of dwelling units on lots, Corporation Counsel's letter dated December 28, 1993 approving of the proposed language, and the Planning Director's letter dated January 6, 1994 advising Waikoloa that its language had been approved. iij We object to the restriction on condominium properly regimes as an improper means of controlling use. A condominium property regime represents a form of real property ownership, not a form of land rise control. The language previously submitted to the Planning Director and Corporation Counsel contatns no restriction as to condominium property regimes and was approved by them a: to form and legality. iii) The language of Paragraph G is overbroad in that it applies to all lots within the subject property, including lots which will be used for roadway and other infrastructure or utility purposes or for open area uses. Amendments to release any restrictions from lots Created for such purposes should not require action by the County Council. Ney-13-05 14:05 From-GODOSiLL ANDERSON ~8085475s80 T-Boa P 05 F-o05 l7VVUJ1L1-t1NllhKJUN ~ULNN CA~~ L' A LM1TS0 LInBILiTY LnW Pnnml_a$I IIP LLC Pete Hoffman Council Member, Disaict 9 1-Iawaii County Council May 13, 2005 Page 4 iv) Once recorded, the use restrictions continue to encumber the ]and, even if the zoning designation or zoning conditions are later amended by Waikoloa or subsequent landowners. v) The language which requires that private use covenants be submitted to the Planning ]7irectior for approval is unnecessary since the Planning Director and Corporation Counsel have already approved of the decd resaiction language submitted by Waikoloa. In any event this language should be clarified to make clear that only use covenants penaining to the number of dweDzn$s on each lot must be submitted. Deletion of Prior Paragraph H (Commission ]tecornmendation stn. 3) We object t0 the doletion of prior paragraph H which allowed for extension of time for the performance of conditions within the ordinance. Additional Extensions of time, for reasons beyond Waikoloa's control, may be necessary and should not be precluded. We request that the language remain in Change of Zone Ordinance 95-51 and that the Planning Director be authorized to allow future extensions of time administratively, as allowed by Section 25-2-44(b) of the Zoning Code. New Paragraph I-1 (Commission Recom endati~n at A. 31 Since the initial rezoning and granting of previous extensions of zoning, the Planning Department, Planning Commission as well as the County Council have never required Waikoloa to obtain a reclassification from the Land Use Commission. The Planning Depatvnent and Waikoloa agree that the currant lend use law does not prohibit the development planned for Waikoloa Highlands. The Hawaii Supreme Coup has denied motions to expedite consideration of the Oceanside Partners case, meaning that if the appeal is resolved in tho ordinary course, a decision maybe several years awa}. We also object to the affirmative obligation that this Condition imposes on Waikoloa to pursue reclassification from the State Land Use Cormission, In the absence of such a condition, Waikoloa would have the ability to decide whether to undertake dtc substantial time and expense of seeking suth reclassification or whether to await the MaY-13-06 14:05 Fram-GOODSILL ANDERSON +8089479800 T-804 P O6 F-005 1.i00D5ILL FLIJDER50f1 I;,~L?lr!?J o: °l A LIMITED LInCILfTY Ln0.' iART~ER9H!P LIP Pete Hoffman Council Member, District 9 Hawaii County Council May 13, 2005 Page S outcome of the appeal in the ©Ceatlside 1?arttters case. In view of the 5 year deadline for final subdivision approval, the imposition of Paragraph FI denies Waikoloa this choice, and forces expense and action which may not be necessary, depending on the outcome of the Oceanside Partnars appeal. Parag~gp~ts I and J (Commission Recomlttendation at p, 4~ We object to the disprpportionatc impact of the fair share contribution required by Paragraph I, which totals $1,74$,461.7S. We note that the incorrect Ramscycr format of this recommendation does not reflect deletion of the following language from Paragraph G of Change of Zone Ordinance 95-51, G. Should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified lmpact Fees Ordinance; The foregoing language allowed Waikoloa either to satisfy condirions of the Change of Zone Ordinance or to comply with a Unified Impact Fee ordinance, if adopted. The Planning DcparCment's current recommendation, however, requires that Waikoloa not only comply with the conditions in the Change of Zone Ordmance, but also pay a duplicative fair share contribution. Costly conditions previously imposed an Waikoloa by this Change of Zone Ordinance already address issues encompassed by the fair share recommendation. In 1995, during the last amendment of this Change of Zona Ordinance, the County Counci l impnscd the following rcquirtrntnts, at the following cost; IAay-13-08 14:06 from-GOODSILI ANDERSON +8085475880 T-30d P.O7 F-006 UCX.H.I~1LL HNllttiSU\~ uUL~i\ (,Y. ~ l t:~ A LM1iEn LiAeu,nv Ln1~~ PAA.~~ WI tie LL` Pete Hoffman Council Member, District 9 Ilawaii County Council May 13, 2005 Fage 6 Re uirement Cost Channeli2ation of Waikoloa Road- $ 300,000* ` ' Pua Molia Street-Paniolo Avenue ~ Signalization of Waikoloa Road- S 600,000 Pua Melia Street-Paniola Avenue Traffic Impact Analysis Ttepon $ 44,600* dated December 1989 Drains G S stem $ 72 000 TOTAL $1,016,600 *Channelization and completion of the Traffic Impact Analysis Report have already been completed The County Council can be assured that Waikoloa will meet the foregoing obligations, based on Waikolos's satisfaction of the following conditions for land use entitlements related to the Waikoloa Beach Resort; Dedication Value Dedication of Lot 119, File Plan $ 784,100 Assessed Value ] 188 (TMIC: 6-8-3:13}, a three acre parcel to the County of Hawaii for use as a new fired arnnent. Construction of recreariona] $ 305,900 facilities and infrastructure at ; (including improvements I Waikoloa Community Park totaling $154,000 and an (Condition No. 12 of Use Permit assessed value of $151,900) No. 71), including utility services, rest room building, parking lot paving and a fenced and paved basketball court ' Donation of 300 acres for $36,450,000 i affordable housing (as established by 199] i appraisal prepared for the Count of Hawaii TOTAL ~ $37,540,000 Nay-13-D5 14c06 Fram-~DODSILL ANDERSON +8085475880 T-804 P,00 F-005 l1V'JllJ1LL HNllEit'iC)N uUl^.T.: ~ ~ 1Fc: A LinaITEt7 Lusi~rtt' LA`w I'nRiAie:;SHU• l.Lr Pete Hoffman Council Member, pistrict 9 Hawaii County Council May 13, 2005 Page 7 In addition, Waikolos donated more than 8,000 acres to the Waikoloa Village Association for open space purposes to preserve the open character of the Waikoloa azea. We therefore request that Paragraph I be eliminated entirely. If it is not eliminated entirely, it should at minimum be offset by similar expenditures which Waikoloa has made or committed to make. Conclusion Based upoa the foregoing objections to Paragraphs p, G, H, I and J of the Planning Cottlmission's Recommendation, we request that the County Council not adopt those recommendations. We also request that the County Counci] include language allowing future administrative amendments of Change of Zone Ordinance 95-51. Very tntly yours, Li- sa A. Bail Enclosures ca Christopher Yuen, Planning Director M~r-13-05 14106 From-GOODS!LL ANDERSON +6086475860 T-BOd P 06 F-005 ~ J t x, . Stephen K. Yama+l~+.o Riciv rd Wurcii: r'r r. Mnfor CaQamiiwr Cr... r: a ~<<~~ fffuunf~ of ~ttfl~ii~ii~`' F11 - - ~~,,,,T~ c, _~,n OFF'2CE OF THE COR,PORATI4~~~1~lTNSEL r,::;+a)1 101 M(W nl ktM, Sui[e n5 Xib. Ha.nii 96726r161 , (Bee) fk(-8151' • Fu (808) 969.70a9 June 3, 1999 A1r. Edwin. 5. Taira Assistant Housing Administrdtor Office of Housing and Community Development County of Hawaii 50 Wdiluhu Drive Hi1a, Hawaii 96720 Dear Mz. Taira: Re: Satisfaction of the Waikoloa Seach Resort Hovsin+a Condit+ons Factual Backizrounsl Condition (H) of the original Change of Zone Ordinance No. 265 required the developer to submit an employee housing need study with a plan to show the manner and number of affordable units to be provided. This condition GOVeced the approval of o maximum of 3,000 r®sart-hotel units approved by the ordinance. Tha first hotel built at Waikoloa was the S43-room Sheraton Royal Waikoloa Hotel, now known as the Royal waikolean. on October 28, 1981, the Hawaii Covnty Housing Agency (HCHA) approved the acceptance or a z.3-acre parcel in Waikoloa Village in satisfaction uP the horsing r¢quir_^:e^t for. twe first hotd'<1. The 29-unit JeCk Hall Foundation low-income rental protect 1)as been Constructed o.n the site in conjunction with the 1LV7IJ. Ordinance No. 265 has been superseded lay Ordinance Nos. 85-75 and 85-76. These zoning amendmeryts were made to accommodate the development of the second hotel, the Hyatt Regency Waikoloa, now known as the Hilton Waikoloa Village. Condition (H) of Ordinance No. 65-75 and Condition (I) of Ordinance No. 85-76 again required the developer to prepare a housing need study estimating the demand for affordable housing units Created by the aevelepmant of the second hotel. 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. May-19-06 X4:08 Fran-OOODSILL ANDERSON +8DB54T6880 i-804 P.il/3t ~-006 J Mr. Edwin 5. Taira Page 3 June 3, 1999 please contact me if you have any questions. Sincerely, RICHARD D. VOURDEMAN Cgrporation COUnsel ey G &NN H. SHTIGI Deputy CO~poration Counsel GH6:pc cc: Council Chairman Spencer K. Schutte 03551 Mar-13-06 14,08 Froerfr00DSILL ANDERSON +a085476880 T-804 P-12/3' F-005 ~'FTT~ IC. SQiUITE OWnM 671M~~ Offer COIINTy CpllNQL CwmgefNcroaii Naauai Canarylir8dn,g zs n„yr,a~ s~ Hilo, Hmaaf 96710 June 9, 1994 To: Virgiaia Gpldstoia, 373zector Department of Planning From: Bpcncer 8. Schutte,.•Chairmaa Hawaii County Council' & ofEi a of Horsing S CoimauaitT Development ae: Housing Condition 'Requirements £or waikoloa aeach &esort Ordiaarree Po. 265 Condition (H) Suporceded bp' Ordinance Nob. 85-75 Coalition (H) and BS-76 Condition (I) ]lttached is a COmuunication to Mr. Elwin ?azra, 1?ssistaat Housing Admiai8trator from Deputp Corporation Counsel Glenn H. 3hiigi. This commuaicntioa answers the q~uestioa to the conveyance of the 2.3 acre parcel upon which the Sack Sa31 pzojeot was hui1C and the subsequent donveyaace of the 30o acres in waikoloN village aloes ooith a13 requireQ infrastructure fully satisfy the housing coad3tions imposed by the COVAty CoUAC;I fOI the 3,000 2eSOa`^h^,tc? i'i:. L'E ?pgicv,^". n~•~a•E_^__°8 Pn~. 215, AS_;1R ~.ra 85-76. - - Presentlp, the Waikoloa Highlands does dot have a housing condition foY~their cheese of zone. 2'he Highlands involoes AgriCUlturally zoned lands that do nOt zequire housing conditibns. should you have and goeskions re9ardin0 this matter, please flc rat hesitate to COatact my it=ecutzoe Assistant Maulili Dickspn at 961-8263. ec: Thos &hor, waikalea Land Co. SK&/MD/tmn Mar-19-05 14:06 Fran-GOOOS~LL ANDERSON +8085476886 T-804 P 12/37 f-005 WAIKOLaA November 18, 1993 Ms_ Virginia Goldstein Planning Directmr Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 RE: Highlands Gol£ Estates Subdivision (89-175) waiknl oa, South Xvhala, Hawaii TMIC: 6-8-02:por. lfi and 6-8-03:por. 32 Deal' Ms• Goldstein: in preparation for satisfying conditions precedent to obtaining final subdivision approval, and following discussions witty $d Cheplic of your staff, Casey Yanagihara o£ the Department of public works, and Fred Giannini of the Corporation Counsel affioo, va have preporea and submit herewith four copies each of the Following doc•.unents for review and approval: 1. Dace inserts relating to sighs restriction easements, private roadways, and prohibition of "ohana" dwellings- 2. Aed-lined Warranty Deed vnich includes the above insert provisions. 3. Subdivision Imprcvement Agreement for Increment 1 im- provements, including impzovements at the Weikoloa Road/ Paniolo AvenUB/8ua Me11a Street intersection. 4, subdivision improvement Agreement far S1gna11zaticn of the Waikoloa Road/Paniolo Avenue/Pua Nelia street intersec- t,ion. All drfl Triage, aecesc. rsatr action, landscapSnp, eight restriction any utility easements shove an the approved construction pleas, and building setbAOk lines as required by PA ze00 for the Highlands Golf Course, are being incorporated onto the fine aut>d ivisien plat )nap, which we intend to submit in early December. ~ 4: "i' ~:'~3 }iC0? Hoz 5050 1i'aikoloa. He:+aii 96:x5 Phone (80b) 685.1000 Fax (808) 885.8898 Mav-19-05 14:06 Fram-GODDSILL ANDERSON +B 065476880 T-804 P.I4/6t :-005 Ms. Virginia Goldstein IJQVembar 19, 1993 Page Two The night restriction aagaments will be included in the deeds of the eleven lots affected, be~.ng lots 3, 24, k3, 44, 80, 159, 173, 174, 178, 184 and 185- The private roads, ohana prohibition and Exhibit A reservation- will be inserted in the deeds of all lots. The private roads enc. ohana prohibition are requirements of the PUn permit iNo. 91-3; approves for the project. The subdivision improvement agreement for the Increment 1 improve- msnt+~ is prepared gor completion of the Smprovcments within two years, or by the end of 1995. Given the scope of the improvements, this time frame is needed to complete the bidding, award and tor,- sLruction processes. This was acceptable to Mr. Giannini at Cor° paration counsel. The subdivision improvement agreement for the raignallzation is for completion Of improvements by December 31, 1989, as specified in Department of Public works letter dated March Zz, 1993. eincN tt;E: pTaliyation expires by the end aF 19a8, a Heed covenant which runs with the land in perpetuity vas deameH inappropriate. The proposaa solution is a standard subdivision improvement agreement which wi].7 be bonded separaLaly Srom Increment 1 subdiVlaion improvements. Our engineers are Xznalizing the cost estimatsg for the various improvemente• we will be submitting them in the near future fc: approval by the Department o€ pubic works and Department of watts &upply. Once approved, these estimates will serve as the basis for the surety amounts to be supplied in conjunction with each of the subdivision agreements. Your timely attention to the review and approval as tc forn and content of these su bmittala is appreciateC. We are working t{^War9 final subdivision approval prior to the 7anuary z9, 1994, de.;d~inc. Sint®rely, -,.,__r_ Ken Melrose Vice Pxeaident, Development s Planning ae Encl. o: Mr. Thos Rohr, Presid®nt, Waikoloa Land Company Leighton J. H. 3- Yuen, Esq., Goodsill Anderson Quinn & 9tifel (w/encl.) M1ay-13-OB 14:06 Frcm-GOODSILL ANDERSON i00AS475030 T-804 P 16/3' F-OOB D E;'C IN5ERT9 sight TYes~riction: ANC the Grantee, for the Grantee and the Grantee's heirs, devisees, p~zsanal representatives, successors and assigns, acknowledges that the granted premises are sub]ect tc Site Restriction Easement and hereby covenants and agrees that said site Restrici on Easement shall at ali times be maintained to preserve the vlww plane across the Site Restriction Ee9ement for traffic ptsrposec along and Roads. The Grantee, for the Grantee and the Grantee's heirs, devisees, per®onal representatives, suc- cessors and assigns, further covenants anfl agrees that, exctpt as otherwise specifioally approved Dy the C©unty of Hawaii Department of Public Works, said SiCb Restriction Easement shall he improved only with landscaping and fences and hedges not •xeemding thirty-cix inches (36") in height- Tha provi- sions of this paragraph shall be binding upon Grantee and Grantee's heirs, devisees, persanal representatives, sueceaaors and assigns, and Grantee hereby egress, for the Grantee and r_he Grantee's heirs, devisees, personal representatives, successors and assigns, that all subsequent conveyances of said premises shall contain the abvvo acknowleflgement by the cubc•gvenC grantee. privets Roads• AND the Grantee, for the Grantee and the Grantees heirs, devisees, paFSOndl representatives, succee8vrs and assigns, acknowledges that the roadways within Waikoloa High- lands Golf Estates will be privately owned and not dedicated to the County of Hawaii or other governmental authority far public purposes, and that said roadways will not be constructed to dedicable standards. The Grantee, for the Grantee ana the Grantee's heirs, devisees, personal representatives, successors and assigns, further acknowledges that Cho County of Hawaii will not accept dedication of said roadways for public purposes unless and until they are improvefl Lo dedicabla standards, and further covenants and agrees that neither the GrantoY or any of its affiliates, nor the county of Hawaii shall be required to construct er impTOVe the subdivision roadways to dedlcable standards. Grantee further, fvr the Grantee and the Grantee's heirs, devisees, personal representatives, successors and assigns, covenants ana egre~e to indemnify, defend and hold the Grantor, the Grantors affiliates, and the County of Hawaii harmless from and against any and all claims, action-, and liabil Sty arising out of ar resulting from the fact 'chat tna subdivision rdadways will not be constructed to dedica hie standards, and all cpats and expenses incurred in connectior, therewith, including reasonable attorneys- fees and costs. Tha LUy-13-O6 14:06 Frum-GOODSILL ANDERSON +6066476S6D 7-804 P lE/0' F-OD6 provisions of fihis paragraph shall be binding upon drantea and Grantees heirs, devisees, peYSOnal representatives, successors and assigns, and Grantee hereby agraac, for the cxantnn and the Grantme~s heirs, devisees, personal representatives, successors end assigns, that all Subsequent conveyances of said premises shall oontaxn the above acknowledgement by the eubzaguant grantee. pne Single Family Dwelling~e~_Lot: AND the Grantees, for the Grantee and the Graritae':a heirs, devisees, personal representatives, successors and assigns, does hereby further agree that the granted premises shall be used solely for r®sidontial purposes and triat the granted premises shall not ba improved except with any singly family dwelling, as defined under the zoning ordinances of the covnty'ef Hawaii, and improvements incidental therete as al- lgwad unasr ®aid coning ordinances. Thzs provision aha11 prohibit approval of an additional dwelling unit under the Ohara provisions of the Subdivision Coda. The prgvisions of this paragraph shall be binding gpan Grantee anA Grantee's heirs, devisees, personal representatives, successors and assigns, and the Grantee hereby agrees, for the Grantee and the 4rantac's Heirs, devisees, personal representatives, ®uccessore and assigns, t11aC all subsequent conveyances of said premises shall contain the above acknowledgement by th! eubeequant grantee. EX7iI BIT A ~1 Easements• EXCEPTING ANp RESERVING, xowEVER, unto the Grantor, its Successors and assigns, easements tot landscape, sight rastriotion, no access, planting and screen purposes, and conservation purposes, for electrical, gas, water transmission, water collection, communication, and other utility purposes, and for sewer, drainage, 3rrigakion, and water pip®line, d:(ten and facility purposes and roadway and vehicular and peBentrian a GCE9S over, under, across, along, upon, and through any e:~se- menis designated on said File Plan No. together with rights of reasonable access therewithin and thereto for the exercise of any said easement rights, with the right to grant to the 6tate or xawaii, the County of Hawaii, the Waikoloa Highlands Colf Estates Assoeiati,on, eha o4+n ors of loss subject to the Galt Estates peclaration, any appropriate governmental agency, public utility, or prSvate utility, and/or any other corporation, partnership, individual or entity, easement(&) f.nY, any such purposes within said easements over, under, acros=, along, upon, an0 through the granted premises, upon such terms as the Grantor aoame necessary or desirable; May-13-05 14:07 From-GOODSILL ANDERSON +8086416880 T-804 P 17/37 f-008 LAND COURT SYSTEM REGULAR SYSTEM e urn y aL is up o: k7AR.RANTY DEEj~ THIS INDENTURE, made this day of lg py and between wAIROLOA HYGNS,~I PEVELQ pMENT CO., a~, Hawaii limited partnership, whose principal place of business and post office addrewa is 1001 Bishop street, 9uitc 2a8o, Pacifis Tower, Honolulu, Hawaii 96813, hereinafCar Called the "GYa17tOr", dnd whose residence and post office eddress is ` here Wafter called the "Grantee", w Y T N~ g 5 E T H• THAT the Grantor, in consideration of TEN DOLLARS (510.00) and other valuable co ne ideration to it paid by the Grantee, zeceipt whereof is h®ral,y acknowledged, does hereby grant, bargain, sell end aanvey unto the Grantee, as forever, Oertair. property situate at waikolOa, pisntrict of ED L1NE;. f4ar-13-05 14:07 Fram-GOODSILL ANDERSON +8005475800 T-004 v 10/37 F-005 South Sohala, Taland and County of Hawaii, State of Hawaii, which property 18 more particularly 6eseribed in Exhibit A attached hereto and made a part heleaf; TO HAVE AND TO HOLD the same, together with the rents, 165LQ5 and profits thereof, the improvements thereon, and the tenements, rights, easements, privileges and appur- tenances thereunto belori9 ox appertaining or held and enjoyed therewith unto the Grantee as aforesaid, forever. AND the Granter does hereby for itsel# and its successors, covenant With the Grantee and the Grantee's heirs, devisees, personal repr4iaeNtatives, successors and assigns, LhaL it is lawfully oeiaed in tee simple of the aaifl granted premieas and has good right to sell and convey tho same in the manner aforesaid; that said Premises are free and clear of all encumbrances, except as hezein set forth and except foY aeeees- ments and real property taxes for the current year which are to be prorated as of the date of delivery hereof; and that St wlll and its successors shall WARRANT AND DEFEND the same unto tT.e Grantee and the Grantee's heirs, devisees, personal represerta- tives, successors and aaeigns, forever, against thfl lawful claims and demands oP all persons, except as aforesaid. ANA the Grantee does hereby, for the Grantee and th® Grantee's heirs, devisees, personal representatives, sVCaessors end assigns, accept and approve said Declaration of Protective Covenants, Conditions and Restrictions for waikoloa Highlands Golf Estates dated 19 referred to ,n Exhibit A (the ^GOlf Estates Deciarat one'), and covenant a,~c. agree, as a covenant running with the land, to pay all assess- mancs as therein provided znd to observe and perform all of the other terms and condition3 therein contained and to be observed and performed by an Owner as therein definefl. AND the Grantee doa6 hereby, for the Granted one the Grantee's heirs, devisees, personal representatives, suaoeae~ors and assigns, concept and agree to the grant by the Grantor, its successors or assigns, to the State of Hawaii, the County of Hawaii, the waikoloa Highlands Golf Estates Association, the owners o4 lots subject to the Golf EStatas Declaration, as now or hakes#ter amended and supplemented, any appropriate govern- mental agency, public utility or private utility, and/or en.~ other corporation, partnership or individual, of easement rights as resezved and provided in Exhibit A, and the Grantee does hereby, for Use Grantee and the Grantee's heirs, devio rc~, personal representatives and assigns, further agree (a) or. request to join in and to Confirm any such grant of easemer.- and to execute any and all documents granting any such ease- fi ant, (b) to pert orm and t9 carry out at '_tS Or Chair expense, or to cause thm waikoloa Highlands Golf Estates Association to 7 hay-13-05 Ia:07 FroerG00DSILL ANDERSON +8085475880 T-A04 P.19/3' F-005 pert©rm and carry out as a common expense, any obligation in any ®uch grant of easement, with respect to prcviding and maintaining any screening, planting or lanaseaping or similar requirement as to facilities within said granted premises which may now Or hereafter 6e required by law, oYdinance or govern- mental agency, and (G) to indemnify and to hold harmless the Grantor and its suaaeasors and assigns and the grantee under any such grant of easement from all loss or liability arising from any breach oP these undertakings and agreements. AND the Grantee hereby acknowledges that the 9Yant~;d premises axe adjacent to the Golf Club as defined in said Declaration of Easements ana covenants relating to Golf Course and Golf Club Aroperty dated 19 refezzed to in Exhibit A; these the development, maintenance, operation and use of the Golf Club, as more particularly des- cribed in the Galf Declaration, may a!l2ct the Grantee's use and enjoyment of the granted premises; that the operation of the Golf Club and the layout eP the golf course and dYlVing range may be revised or modified at any time at the discretl•~n of the owner or operator of the Golf Club; and that the loca- tion of the granted premises with respect to the Go1P club may result in nuisances, noxious emissions, disturbances or hazards Co persons end property on or within the granted premises a= z r@ault of such Golf Club operations, as more particularly described 1n the Go1P peclaration; and that tho QeVelopment, maintenance, operation and us® of the Golf club ana the activi- ties associated with the Golf Club may cause damage to props-ty and injury to ax death of persons or animals on the granted premises, as described in the Golf Declaration. The Grantee hereby represents and warrants to the Grantor that the Grar.t=e at the Grantee's sole di6Cxeticn has determined that Lhe benefits of the loaation of the granted premises With respect to the Golf Club outweighs such risks; and the Grantee hereby covenants and agrees to assume all risk9 of prgperty damage or personal injury arising Prom the development, maintenance, operation and use of the Golf Club, including, without limits- tion, the uses, operations and activities described in the G:alf Declaration. The Grantee further covenants anfl agrees to observe and perform all covenants and conditions imposed upo'.~ the Grantee as a "Residential Owner" under the Golf Declareticr: and that the Grantee will indemnify and hold and save harmless tees Grantor, as the owner of Lot as shown on File Plan and as the ownBY and operator of the Golf Club, and each of the Golf Club Indemnitees defined Sn the Golf Declaration, from any liability, claims ar expanses, Secluding att or n¢y5~ fees, arising from any property damage or personal injury to the property or persons of Grantee or guests, employnnq, tenants end oth e'r persona who may use the gra nt¢d premises arising as a result of the development, maintenanc®, operation or use of the Golf Club_ 3 Mar-19-05 14:OT From-OOODSILL ANDERSON +9096416880 T-904 P.ia/9' F~-oos AND the Grantee is hereby advised that no representa- tion or warranty has been or are made by the Grantoz or any other person with regard to the continuing ownership or opera- tion 4z the Golf Club. Further, the Grantee acknowledges that the ownership and/or operation of the Golf Club may change at any time and from time to time by virtue of but without limita- tlOn, (a) the sale to or assumption of operations of the Golf Club by an indop¢ndent entity; (b) Cho conversion o£ the Ge1f Club membership structure to an "equity's club or similar arrangamenC whereby the Golf Club or the rights to operate it nre transferred-to an entity which~.is ownQa or controlled by its members; OY (C) the transfer of ewri®rship or control of the Golf Club La one or more affiliates, shareholders, employerts or independent contractors of the 4rantor. No consent by the Grantee shall be required to effectuate such transfer or conveY810n, AND the Grantee Hereby further acknowledges that the Grantor, its successors and assigns, as thQ owner and operator of the Golf club, mikes no guarantee or representation that any view over or aCr OSS the Golf Club Property from the granted premises will be preserved without Impairment. Grantor, its successors and assigns, as owner and/or operator of the Golf club, has no obligation to prune or Chin trees ar other land- scaping, and has the right, in its sole and Absolute dlscre- tian, to add tress and other landscaping to the Golf club property from time to time. In addition the Grantor, its successorffi and assigns, as the owner and operator of the Golf Club, may in Its sole and absolute discretion Change from time to time the looation, configuration, size and elevation of the tees, bunkers, fairways and greens of the Golf Club, the Grantee acknowledging that any such additions or changes to the Golf club property may diminish or obstruct any view from the granted premises, and that the Grantee shall not be entitla8 to any express or implied easement for view purposes or for the passage of light and air aver or across the Golf Club property, AND the Grantee, for the Grantns and the Grantee's heirs, devisees, personal rapresentat i_ves, successors and assigns, acknowledges that the granted premises are subject to Sate Restriction Easement and hereby covenants and agrees that said Site RestYlctlon £asefient shall at all times ba maintained to preservo the view plane across the site Restriction Easement for traffic purposes along and Roads, The Grantee, for the Grantee anc~-~- the Grence e'°_ h~ rs; dsvy~ee3, personal represeq~~tSves, sue- cessors an? assigns, further Covenants and agrees that, except as otherwise spzcifically aPAroved by the County of Hawaii Department of PcA1ie works, said Site Restr=ction Casement I shall be improved only with landscaping and fences and hedges not exceeding ttirty-six inches (36") in height. The provi- sions of this paragraph sha17. be binding upon Grantee and a Mar-13-05 14:07 from-GOODSILL ANDERSON +8085475880 T-804 P.21/37 F-005 Grantee's heir a, devisees, personal representatives, &ucceaaor9 and assigns, and Grantee hereby agrees, for the Grantee and the Grantee's heirs, devisees, personal representatives, successors and assigns, that all su65equenf conveyances of sdid premises shall contain the above acknowledgement by the subsequent i grantee. AND the Grantee, for the Grantees and the Grantee's ~ heirs, devisees, pe;sonal representatives, successors and I assigns, acknowledges that the roadways within Waikeloa High- I lands Galf Eotates will be privatQly owned and not dedicated to the County oP Hawaii or other governmental authority for public purpose&, and that said xOedWdys will not be cOnStruCted to ~ dedicatle standards. The Grantee, for the Grant®e and the Grantee's heirs, devisees, personal representatives, successors and assigns, further acknowledges that the County of Nawaii will not accept dedication of said roadways Por public purpo~as unless and until they are improved to dedicable standards, and further covenants and agrees that neither the Grantor ax any of jts affiliates, nor the County of Hawaii shall be required to eonstruet or improve the subdivision roadways to aedicable standard9• Grantee further, for the Grantee and the Grantee's heiYS, devisees, personal representatives, successors and assigns, covenants and agrees to indemnify, d~tond and hold the ' Grantor, the Grantor's affiliates, and the County of Hawaii harmless from and against any and all claims, actions, and liability arising out of or resulting from the fact Chat the subdivision roadways will not be constructed to dedicabee standards, and all costs and expenses incurred in connection therewith, including reasonable attorneys' tees and costs. yhe provisions of this paragraph shall be binding upon Grantee and Grantee's heirs, devisees, personal representatives, sucoessors and assigns, and Grantee her®by agrees, for the Grantee and the Grantee's heirs, devisees, paraonal representatives, muccessors and assigns, that all subsequent conveyances oI said premises shall contain the above acknowledgement by the subsequent grantee. AND the Grantees, for the Grantee anfl the Grantee's heirs, devise®s, personal representatives, suaaassars and ' Assigns, does hereby further agree tAat the granted premises shall be used solely for residential purposes and that the granted premises shall not be improved except with one single family dwelling, as defined unfler. the zoning ordinances of the i County of Hawaii, and improvements incidental thereto as al- lowed under said zoning ordinanooa. This provision shall prohibit approval of an additional dwelling unit under the Ghana pxovisions of the Subdivision Code. The provisions of this paragraph 9ha ll be Lindln9 upon Grantee and Grantee's heirs, devisees, personal representatives, successors and assigns, and the Grantee hereby agrees, fox the Grantee and the' Grantee's heirs, devisees, personal representatives, sucoaseors, g May-12-05 14:07 FrOm-GOODSILL gNDERSON +8085475880 T-804 ? 22/31 r-Oo5 and assigns, that sll subsequent conveyances Qf said premises shall contain the above acknowledgement by the subsequent grantee. The covenants of the Grantee contained in this daea shall be appurtenant tb and shall run with the 1and~ The term "6rantee", or any pronoun used in place thereof, shall include the singular or plural end the masculine or feminine or neuter gender, as the case may be, and shall medn and include the Grantee and the Gxantee's heirs, devisees, personal representa- tives, SIaGCessoY9 end assigns. Ea Ch covenant of the gYantae, should there be more than one ceveYed by such term, shall he binding jointly and severally an each of said pcrsan9. The term "Grantor", oz any pronoun used an place thereof, shall. meat. and include Granter, and its sus?esscrs ahd assigns. IN WT2NE55 WHEREOF, the panics hereto have executed these presents the day and year first above written. WAS7COLOR HIGHLANDS DEVELOPMENT co. sy: Waikoloa Aevelopment Co. Its Managing General Fanner By: taikoloa Management Co. Zts Managing General Partner By: Waikoloa Land Company, Inc. Tts General Partner By: Its By: Its Gr.zntor Grantee 6 May-19-05 14:08 from-GOODSILL ANDERSON +8086476660 T-604 P 23/3r :-005 STATE OF HAWAII } 55: CITY AND COUNTY OF HONOLULU ) pn this day of , 19 baf vz-e ma appAared and to me persona ly known, who, being by me duly sworn, id say" that they are the and re$pectively, of WAZKOLOA i,AN COMPANY, INC., a Hawaii corpora tion, that WAIKOLOA LANp COMPANY, INC. is t11Y General Partner of WAIKOhOA MANAGEMENT CO., a Hawaii limited partnership, that WAIKOIAA MANAG F.TlENT CO. is the Managing Ceneral Partner of WAIKOTAA AEVEioPMENx CO_, a Hawaii limited partnership, that WAIKOLOA DEVEZOPMENT Co. is the Managing General Partner of WAIKOLOA HIGHLANDS DEVELOPMENT co., a Hawaii limited partner- ship; that the seal affixed to the foregoing instrument is the Cpyporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by author- ity of its Board of Directors and in behalf Of said partner- ships by authority of the respecti~a partnership agreements of Bald partnerships, and said ofSicers acknowledged sai8 instru- ment to be the free act and deed of said corporation as sa.d paKCrierships. Notary Public State of Hawaii My Commission £Xpires_ rtar-13-D6 i4:08 Fram-GOOAS~LI ANDERSON +8085dT68S0 T-804 P 24/3 F-005 fiXHI6IT A ALL of that certain parcel of lan8 situate at Waikoloa, District of 5cuth Hohala, Island and county of Hawaii, State of Nawaii, more particularly described as hot area acres, more or less, of the Subdivision as shown on Fale r an No. _ r®corded in the Bureau of Conveyances of th® State cf Hawaai; TOGETHER ws2x a nonexclusive, appurtenant easement for roadway and access purposes over, across, along, upon an9 through Lots inclusive, as shown on said File Plan No. (the "Roadway Lots"y; PROVSDEp, HOWEV33a, that in the event that any of said Roadwa'~ Lots are conveyed to the Statb of Nawaii, the County of Hawaii, or other governmental authority, Sdid BA6afient as YO the RoddVay LOt or Lote SO conoEyod shall immediately terminate; ANp ToGErxER WITH all rights ana privileges conferred upon owners of lots within Waikoloa Highlands Golf Estates subdivision by that certain Declaration of Protective cove- nants, Conditions and Restrictions for Waikoloa Highlands cif Sctatoa dated 19 ahd recorded ih the Bureau of Conveyanc®e of the State of Hawaii ae Document No. &5 now or hereafter amendmd and supplemented (the "Golf Estates Declaration"J; EXCEPTING-ANI] RESERVING, HOWEVER, unto the Grantor, its successors and assigns, easements for landscape, sight rnettAction, no access, planting and sc;een ourposes and conservation purposes, for a ectrical, gas, water transmission, water collection, communication, and other utility purposes, ar,d for sewer, drainage, irrigation, and water pipeline, ditch and facility purposes and roadway and vehicular and pedestrian access over, under, across, along, upon, and through any ease- ments designated on said File Pian No- together with rights oP reasonable access therewithin and thereto for the ex~rCise of any said easement rights, with the tight to grant to the State of Hawaii, the County of Hawaii, the Waikoloa Highlands Galf EstatAS Association, the owners of lots subject co the Golf Estates Declaration, any appropriate governmental agency., public utility, or private utility, and~ar any other corporation, partnership, individual 02 entity, easement(s) for any such purposes within said aasemer.ts over, under, across, ~ilong, upon, ana through the gren L-ed premisos, upon such ce:-ma as the Grantor deems neC65sary or desirable; ~1aY-13-05 14:08 Fran-COODSIIL hNDER50N +B089d75880 T-804 P 29/3' F-9D6 AL50 EXCEPTING AND RESERVING unto the Grantor and itn successors and assigns, all water and Water rights within or belonging or appertaining tc the granted premises, together with tht right to assign and transfer said xights to the State of Hawaii, the county of Hawaii, any approprieCe governments: agency, puplic utility or private utility, and/or any other corporation, partnership, individual ox entity; PROVIDED, tiow- EvER, that in the exercise of said rights, the Grantor, its successors and assigns sRa11 not have the right to Grill upon ar otherwise dl®turb the surface of the land within the granted premises, or any improvements thereon; ALSO EXCEPTING AND RE66RVING unto the Grantor and its ,u cceasorE and assigns, as appurtenant to Lot of the ' Subdivision, as shown o„ File plan No. (the "GOl Club Property") all rights and privil®ges, an the benefit of all terms, covenants And conditions eohtained in that certaih Declaration of Easements and Covenants Relating to Golf GqurS6 and Golf Clup Property dated , 15 recorded in the Hureau of conveys n4eS of the State of Hawaii as Document No. (the ^GOlf Declaration"), as more particulaxly set forth therein. SU9JECT, HowgVF,7i, to the Following: 1. xhe coif i'~'9ttdte6 peclaxation; 2. The Golf Declaration; 3. Any easements designated on said File plan No. or recorded in the Bureau of conveyances of the State of Hawaii affecting the greeted premises, including but not limited to, the following: 4. Reservation in favor of the State of Hawaii o£ ali mineral ahd metallic mines; 5. Lien of current zeal property taxes not delin- quent. 2 Mar-13-05 14:08 From-GOODSI~I ANDER40N +BOB6A76880 T-804 P 26/x7 F-006 SUBDIVY9YON IMPROVEMENT AGREEMENT (HIGHLANDS GOLF ESTATES, INCREMENT i) THIS AGREEMENT, made, executed and delivered this ~,-A day of , 19~, by and between WATKOLOA AEVELOPMENT CO., whose principal place of business i.n the Staee of Hawaii is at Waikoloa, South KoRala, Hawaii, and whose past office address i~ 150 Waikoloa Beach Drive, Kamuela,~Hawaii 96743, hereinafter called the "Subdivider", and the COUNTY OF HAWAII, through its PLANNING DEPARTMENT, DEPA~TM£NT OF puaLlC WORKS, and DEPARTMENT OF WATER SUPPLY, whose principal place of business and post Otf ice address is 25 Avpuni Street, Hilo, Hawaii 96720, hereinafter called the "County^. W I T N E S 5 E T H: WHEREAS, the Subdivider has undertaken to complet@ thE? construction of utilities ana improvements (such as roads, drainage structures, water system, street lights, staking, and off-site intersection Phase 1 improvements) in that certain supdiviaion development known as Highlands self Estates, being portion of LoL 2 of Waikoloa Development (File Plan '_172); and all Of LOt 5 of Waikcloa RM 1.5-Unit Z (File Plan 1375); satt.e being pertions of Royal Patent 7671, Land COmmissloh Award &52i- B, Apana 1, to G.D. Hueu, situated at Waikoloa, South Kohala. Island and Stets cf Hawaii, and dm3ig r,nted as TMH No_ 6-8-0?:po:. 16 and 6-8-03:por. 32, on or gEfore the 31st day of December, 1995, in accordance .with construction plans and specificat inn, approved by all. appropriate agencl.es anfl further approved b} the May-t9-G5 t4:0G From-GO0051LL ANDERSON +8085d76G50 T-BD4 P 27/3' F-70E Planning Department of the County of Hawaii on the day of 19 File No. 89-7?9, and by this reference made a part of this AgY88ment; NOw, THEREFORE, IT IS HEREBY AGREED, by and betwe®n the Subdivider and County, that: 1. Subdivider shall make, instal:, and complete al]. of the above-meat Toned requirt6 unlit ies-and improvem®nts on or be`:ore the 91st day Of DeCaYnber, 1995, in accordance with the said construction plans and speCStScations therefor, in acCOrdancw with the requirements end standards of the County and to the satisfaction of the Chief Engineer of the Department of Public works and, when appropriate, to the satisfaction of the Depart- ment of Water Supply. Z. In the event Subdivider' fails to complete all required Smprovementa and utilities within the time specified hereinabove or such extension as may be mutually agreed upon in writing, or fails La timely complete aY abandons the subdivision prior to final approval, or this agreement is terminated oy the county for Sub8lvider'a noncompliance with ahy provision contained in this agreement, the County, throwgh its Department of Public works and, when appropriate, cne Department of Water Supply, may complete the improvements and recover the full cost and expense thereof from thm subdivider. 9. Suhdivider~s obligations to complete the rmprovemunt_==. and utilities as specified in this agreement shall be secured c~. a good and sufficient surety bond for other personal surety;, acxtified check, or other security acceptable to the Pianninq 2 uay-13-05 14:08 From-GOODSILL ANDERSON +2082412220 T-804 P 22/3' f-005 Director dnd approved by the Corporation Counsel, such bond Oz ocher acceptable security to be gayable to the County and, when appropriate, to the Department of water sapply, anp conditioned upon faithful performance of any and all work required to be done by tt1.e SuAdi v'ider in accordance wl th the provisions oP this agreement. said bond or other acceptable security shall be no lees than the som of DDLLARS (6 TN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed on the day and year first above written, WAIROLOA DEVELOPMENT CO. a Hawaii limited partnezship Hy: Waikoloa Management Co. a Hawaii limited partnership ICs: General Partner ey: Waikoloa Land Company, Inc. a Hdwaii corporation Its: General Partner 9y: hoe Rohr, PYesideht SUBDSVIDER COUNTY OF HAWAII sy: Stp Mdyor - Dy: County Planning pepartment ey: Tts Director gy: Department of DublSc Works Hy: • Tts Chie£ Engineer By: Department of Wacer Supply t3y: Its Manager COUNTY 3 Nay-13-05 14:08 From-GOODSILL ANDERSON :BO854T5880 T-804 P i8/3t F-005 STATE OF HAWAII ) } SS: COUNTY OF ) On this day of 19~, before me appealed THOS RONR, to me personally known, who, being by me duly sworn, did Say that he is President, of WAIXOLOA LAMA COMPANY, INC., a Hawaii corporation, the GeneYea Partner a£ WAIxOLOA M,ANACEMENT 00., a Hawaii limited partnership, the Reneging General Partner of WAIXOLOA DEVELOPMENT CO „ a Hawaii limited partriarship; that the seal affixed to nhe Foregoing instram~~nt is the corporate seal of salfl corporation; that said instrument was signed and emaled in behalf of said corpoxation by authority of its Boars cf Directors; and said THOS ROHR acknowledged tYSe instrument to be the free act and deed of said corporation as skid Gen®ral PattnGY. Notary Public, State o Hawaii My C6mmisSlOn Expires: Mar-13-05 14:08 FramGODDSILL ANDERSON aB085478860 T-604 P 30/37 ~-006 STATE OF HAWAII. ) J SS' COUN"Y'Y OF IiAWAII J On this u, day of i9~ , before me appearwd STEPHEN H. YAMASAIRO, to me personally known, vho, being by me duly swoYTl, did say that he is Mayor aP the County of Hawaii, a municipal corporation oL the State op Hawaii; that the Deal affixed to the foregoing lnstrum6nt is the corporate seal of the said County Of Hawaii; and said STEPHEN K. YAMA3HTR0 acknow- ledged sale the instrument to be the free act and deed of said county of Hawaii_ NetOY'y U xc, State of Hawaii My commission >;xpires: MaY-~3-05 14:OB From-GOODSILL ANDERSON +80854T5BC0 T-804 P 31 /3l ~-005 SUHDYVT3ION IMPROVEMENT AGREEMENT (HIGHLAND& GOLF ESTAT BS, INCREMENT 1) THIS AGREEMENT, made, executed and delivered This T~ day of 19T, by and between NAIKOLOA oEVELOPNEN~ c0 „ whose principal place of busine88 in the State of HawaiS is at waikoloa, South xohala, HewaSi, and whose post office address ~s 15o waikoloa Eledch Drive, xamuela, Hawaii 96yq$, hereinafter called the "Subdivider", and the COUHT'Y OP HAWAII, through its PLANNING PEAARTMENT and DEPARTMENT OF PUBLIC NORKS, whose principa]. place of business and post office address is 23 Aupuni Street, Hilo, HaweSi 96720, hereinafter call ea the "County". W i T ~l E S S E $ WHEREAS, a9 d COndltlon precedent to approval of 9Llbd iVision improvsmsnt plane r'or that certain subdivision development known as Highlands Golf Estates, Increment 0, the Subdivider hae under- taken to complete the installation of trafffc signals at that certain intersection of County-owned roads known as the waikoloa Road/paniolo Avenue/PUa Melia Straot Intersection (DPW Folder No. 6858); situated 9t Waikoiee, SpUth Kahala, Island ahd State cf Hawaii, dhd designated as portions o,f 't7nc: 6-B-oz & 03, on or before the 31st day of DeCafiber, ].99B, in accordance wish construction plans and specifications approved by all appropriate agencies on or before the 8th day of NpvEtm ber, 1993, DPW Folder No. 6858, and by Chime reference made a part of to is Agreement; NOW, THEREFORE, IT IS HERL•BY AGREED, by and between the Subdivider and CCUnCy, that: May-13-05 14:08 From-GOODSiLL ANDERSON +8085076880 T-904 P 92/97 --005 1. Subdivider shall amend said conmtruction plans to accommodate opposing left twin ianea en waikoloa Road et Bald Intersection, in accordance with the requirements and standards of the county and to the satisfaction of the Chief Engincer of the Department of Public works; 2. Subdivider shall make, install, and complete all cf the above-mentioned required traffic signal improvamenCe on or before the 31st day of December, 1996, in accordance With the said Cqnstru cti on plans, as amended, and specifications th®refor, in accordance with the requirements and s undarfls of the County and t4 the satisfaction.of the chief Engineer o£ the Departmenk o~ Public Works. commencing on the 1st day of January, 1995, Subdivider shall cause traffic counts to be taken at the lntersection on an annual basis and shall submit ah annual report of the findings, inclufling compiled accident data ax the intersection, on or before the 1st day of April, 1995, and each year thereafter, yo the Chief £n9inesr of the Department of Public wurxs, until such time as the traffic signal improvements have been completed to the satisfaction of the Chief Engineer- 4. In tn~ r-vent Subdivider fails to complete all regtired improvements within the time specYfiad hereinabove or such extension as may be mutually agreed upon in writing, ar sails to timely complete br abandons the improvements, or this agreement is terminated b} the County fei Subdividers noncompliance with any provisior. contained in this agreement, the County, throrgh Ste ?epartmenL of Public works, may complete the improvements and recover tpe full cost and expense thereof from the Subdivider. 2 ~1ar^13-05 14:08 FroarG00DSILL AP7DERSON +8086475880 T-804 P 33/3' F-006 5. 5ubdivider'8 obligations to complete the improvements a~ specified in thim agreement shall be secured by a good and sutficfent surety bond (or Other personal surety), certified check, or other secSYity acceptable to the P18nning Director and approved ty che~Corporation counsel, such bond or ether accept- able security to be payable to the County dnd Co7lditioned upon faithful performance OP any and al 1. work required to be done by the Subdivider in accoraance with the provisions of this agreement. Said bond or other acceptable security shall be no lase than the sum of DOLLARS f5 IN WI TNPSS WHEREOF, the parties hereto have caused these present= to be executed on the day ana year first above wri.ttan. WATROLOA DEVELOPMENT G0. a Hawaii limitn~ti partnership By: waikolon .Management co. a Hawaii limited partnership lts: Geherel Partner By: waikoloa band Company, Inc. a Hawaii corporation lts: General Partner ay: Thos 7iohY, PYasident SUBDTVTDF.R COUNTX ox ruwA32 Hy: zcs Mayor By: planning Department ey; Its Pla fining D Y2CtGY 8y: Department. o£ p~blie Works 8Y= Yts Cnief ngineer COUNT' 3 Mar-15-05 14:08 From-GOODSILL ANDERSON +8685475880 T-804 P.34/3' F-005 STATE OF H7+WAII . ; S5: couNTY of } On this day of i9~, before me appeared TNOS ROHR, to me Personally known, who, being by me duly sworn, did eay that he 15 President. of WAIKOLOA LAND COMPANY, INC., a Hawaii eorpo7ra tion, the General Partnez of waIHOLOA MANAGEMENT cO-, a Hawaii limited partnership, thq Managing General Partnez of WAIKOLOA D£V$(.OPM£NT CO., a Hawaii limited partnership; that the seal affixed to the foregoing instrument Ss the corporate seal of said corporation; that said instrument was signed and eea led in behalf of said corporation by antharit} oP its Board of Directors; and said THOS ROHR acknowledged the instrument to be the free act and deed of said corporation e,s Said General Partner. Notary Public, State of Hawaii My C4mmiS5lon Expires: May-13-09 14:09 From-GOODSIL~ PNOERSON +8995415880 T-H~d P 36/3" F-005 STATE OF HAWAII ) 5S; COUNTX OF HAWAII ) On this day of 19~T, before m~: appearad STEPHEN K. YAMASNIRO, to me personally known, who, being by me duly sworn. did say that he is Mayor of the county of Hawaii, a municipal corporation of the Stat¢ of Hawaii; that: the seal a££ixed to the for®going instrument is tha corporate seal of th® said County of Hawaii; and said S2€PHFN K. YAMASHIRO aC}:now- ledged Bald the instrument to be the frn.c act and deed of said County of Hawaii. Notary Public, 8tdte of Hawaii My Commission Expires: Mey-I3-05 14:D8 Eros-OOODSItI. ANDERSON +80B5a75B80 T-BD4 P.?6/?' F-006 . a i~ V 9.. i\ $cephen K. Yafiuhiro f a Ri. hard W Ma7m ~ ~ urtlrr.3n ~IIilZl~i D~•C9Afl1illj ~ J-- OFXICE OP 71iE CC)RF~RA'1'fON COCJNSEL ll::l 10r A..yvni H,aee, 6aLe ::S Ala. Hv~.av 9sn_0+2a7 (BOB) 961-0151 Faa (aae) 9 70191 ' tint December 28, 1993 Ms- Virginia Goldstein ~18Rniriq DSLeCtOr County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 pear Ms. Goldstein: Re: need Covenants and Subdivision Agreement 9laikoloa Development Co. Highlands Go14 Estates Subdivision 'T'MK: 6-8-0_ 2•ogr Sq and A.-A-63 •nor ZJ As requested, s have reviewed the above-cegerenced documents and discussed them with your staff. Based upon this review, they are acceptable s6 tc iocm and legality. The documents are being returned to ycur office 5lncerely, RICHARD D. WURDEMAN Co rporetion Counsel >3y a~ PATRIGIA K. O'TOOLE Deputy Corporation Counsel PRO:Fc EnG]asure 192°-Y . Ikv-13-06 14:08 From-GOOASILL ANDERSOfl +8085475880 T-804 P.37/3' f-OOfi - Vlrginh Gddstcn Stephen K. Yamash'vo - ~ ~`u~jC~cv t~ral A++..r°. M"a°' ° Norman Oiev_n DcD`~> Dl.cc,o, (~illllnfg of ~ttfllttii PLANNING DEPARTMENT u n9pvn, Ar.a, A°°m IOD. HiI~, H°-.ri 96]a0~~: i2 D ~ ~ ~ ~ u tBeB) 961.8:88 • Fn IaOA) 957.9615 a; 5n18.Jh,1 1 January 6, 1996 Mr. Ken Melrose Vice President/Planning Waikoloa Development Co. HCD2 Boz 5090 Waikoloa, Hawaii 96793 Dear Mr. Melrose: Subdivider: Waikoloa development Co. "Highland6 GO if Estates" Proposed consolidatjon/xesubdivi5ion Lot 2B Of Pile Plan 1172 and Lot 5 or File Plan 1378 waikolOa, south xohele, Hawaii T`MR: h-8-02:1 qt and 6-8-03 :~1. rft9-1>9) A11 of the enclosed documents have been approved aS to form and legality by the Office of the Coxporacion Counsel. Should you have~any questions, please feel free to contact cfl Cheplic of this office. Sincerely,l~- n ~ - - VIR 1 GOLpSTEIN 9 Planrirx~g irecCOz EC:lm z158D(2) Pnclosures ac: West Hawaii Offiee