2010-04-15_County_of_Hawaii_Motion_to_Dismiss_Counter_Claim_to_Expunge_Lis_Pendens

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s s 6. In September of 2004, the County issued a Request for Proposals for the Waikoloa Employee Housing Project("RFP"). 7. ' The RFP requested qualifications and conceptual proposals from experienced developers for the planning, design, and phased construction of approximately 1,000 affordable homes for people employed in area businesses, on County-owned land in Waikoloa Village, South Kohala District, Island of Hawaii ("The Land"). 8. The RFP further states that the project, referred to as the "Waikoloa Employee Housing Project", would consist of a total of approximately 1,000 single-family and multi- family rental and for-sale homes, related infrastructure and site improvements, and several non-residential land uses, including a community park, a neighborhood commercial center, and a church site("The Project"). 9. The RFP further states that all of the residential units were to be rented or sold at prices affordable to families with incomes in the range of 50 to 140 percent of the median income for the County of Hawaii (for 2004: $51,000 per year for a family of four persons). 10. On or around November 30, 2004, UniDev responded to the RFP advertised by the County for The Project. 11. UniDev's response to the RFP stated that"Un1Dev brings complete financing capabilities to each of its projects through its financing relationships with Citigroup and Fannie Mae. This allows the company to provide pre-development, construction and operating funds secured by the land and the future development. The project sponsor is required only to commit the land and the approvals and entitlements necessary to permit construction of the project to proceed". 3