BIL 236 Draft 02 1996-1998 - Laserfiche WebLink

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property; provided, however, that the applicant may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the County Housing Agency] cg=ly with the requirements of Chapter 11. Article 1. Hawaii County Code, relating to Affordable Housing; jM[(N)] a minimum area of four acres to be set aside within the area for active park uses. The park shall be kept in private ownership and maintenance until such time that the applicant intends to dedicate it to and with the acceptance of the County. The [exact] location and configuration shall be determined at the time of [subdivision approval of Increment 1 of the Single Family Residential (RS) zoned area] submittal of the master plan described in Condition (D) herein. Minimum improvements shall be provided for the park area prior to issuance of occupancy permit for any development within the RM zoned area or prior to receipt of Final Subdivision Approval of the second increment for the Single Family Residential (RS) zoned area, and/or prior to the dedication to the County, whichever occurs first. The minimum improvements shall include, but not be limited to, grading and grassing which meet with the approval of the Directors of the Planning Department and the Department of Parks and Recreation. Until such time that the park is dedicated to and accepted by the County, there shall be adequate assurance, as determined by the Corporation Counsel, for the maintenance of the private park by recorded covenant running with the land which shall include the following: (1) obligate the subdividers, purchasers, occupants, or association in the subdivision to maintain the private park in perpetuity; and (2) empower the County, through the Director of the Department of Parks and Recreation, to enforce the covenants to maintain the private park, authorizing the performance of maintenance work by the County in the event of failure by the subdividers, purchasers, occupants, or association in the subdivision to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until the cost of the work -5-