2003-10-03 TRUTTER - Laserfiche WebLink

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As part of the -, a combination of the process that was described by the Director and the Applicant earlier, and in conjunction with working with the working group and from the comments of the community, I engaged in a series of long and difficult negotiations with the developer to enter into a written document which is attached to your materials as the Good Faith Agreement. That is a precedent setting document, I believe, which is legally enforceable `e` by Na Keiki He Nalu and Kohanaiki Ohana to enforce the terms of that agreement. And I request that this Commission require, as terms of the approval of the SMA, that the terms of this Good Faith Agreement be part of the conditions verbatim as further strength to the existing legal effect that it has so that the County, in addition to the groups that are signators to that agreement, be able to enforce the terms of that agreement. And if I may just briefly highlight the items of that agreement that are of the most concern and interest to the community. First of all, the developer has agreed to donate the 108 acres, 109 acres to the County in fee simple forever. The developer has also agreed in that agreement to pay for all the improvements of the park, including six bathrooms and at least six showers, 121 parking spaces, and roadways, and to limit any development on the project to that which has been described in the SMA proposal, and also to create the design of the park very generally as appears on the map and the SMA submittals. That proposal includes, for your information, Janice and the others, camping, which will be operated by the County. It also includes the requirement that they will preserve the anchialine ponds. And as Jerry pointed out to you, state-of-the-art techniques to prevent water and pollution or degradation of the anchialine ponds or the off-shore and coastal water areas. We're very concerned about that. Many, many people have -, the majority of concerns in the community surround the water quality, and I think some specific techniques need to be identified in this process to require the developer to make sure that there is no degradation of the anchialine ponds or the coastal waters and the plants and the fish that live there because our -, we're very concerned about that because our children play there, we eat the fish, and we all use that area very regularly. They've also agreed to build a canoe hlau, and we would ask that they maintain Hawaiian traditional techniques in building that. There was an article in the newspaper the last couple of days about Hawaiian thatched roofs and traditional building techniques, and we would request that that technique be used for building the canoe hlau. The developer has also agreed in this Good Faith Agreement to pay for one-third of the maintenance in perpetuity of this park in conjunction with the community and the County. This is a document that's going to bind the future homeowners association of the people that buy these lots in the future, and it will have to be included in their CC&Rs. This is a real novel thing that I don't know it's been done before. And the last thing that's extremely important to us is the community based management. In the agreement, the developer has agreed that the CC&Rs of the community association will 26