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HomeMy WebLinkAboutCOM 0122.008 2022-2024 P/ LAAC- 00M. Claudia Rohr 369 Nene St. Hilo, HI 96720 crohr4@gmail.com ti March 2, 2023 Re: TESTIMONY ON PROPOSED RESOLUTION 60-23 Aloha e County Council members and members of the Legislative Approvals and Acquisitions Committee- r. • I own and reside on TMK 3-2-1-18-5 adjacent to Kaumaui. 2% of my $10,000 property taxes goes into the PONC fund every year. The PONC nominating committee did not consider the lack of land for off-street parking on Kaumaui, or the inevitable restriction of the tsunami escape route and fire protection on Nene St. by on-street parking created by public use of Kaumaui. [Attachment-4, pg.3.] This neighborhood has severe public parking deficiencies, illegal parking and traffic problems due to the public's use of Leleiwi beach park along Kalanianaole St. and insufficient solutions to the parking demands. [Attachment-4, pg. 4.] The next- door neighbors were not informed of this PONC suggestion during the review period in 2021 and therefore neither gave their support or disagreement. Attached hereto as Attachment-1 is a true copy of Hawaiian Islands Land Trust's (HILT) application suggesting the County purchase a perpetual Conservation Easement (CE) over 3.01 acres of land and fishponds called Kaumaui. From information and belief, I allege as follows: 1 Comm. No. 'Z'1'. Ref. To: Pi LW, - 7 1023 Ref. Date_. MAK Proposed Resolution 60-23 is unconstitutionally vague and misleading; the Exhibit A attached thereto is stale and a product of non-disclosure and affirmative misrepresentation by applicant Hawaiian Islands Land Trust (HILT) and the property owner, Hui Ho'oleimaluo. Proposed Resolution 60-23, is an unauthorized use of PONC funds for land simultaneously leased by a public charter school. A. PROPOSED RESOLUTION 60-23 IS UNCONSTITUTIONALLY VAGUE AND MISLEADING The proposed Resolution 60-23 is unconstitutionally vague as to what asset is being proposed to be purchased with PONC funds; and affirmatively misleading: BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of tax map keys (3) 2-1-018:006, 007, and 010 situated in the district of South Hilo, also known as Kaumaui, in accordance with the terms of this resolution. The application, Attachment-1 at pg. 21, states in relevant part: Hui Ho'oleimaluo, a local 501(c)(3) organization, recently acquired the fee interest of approximately three (3) acres of real property in the area of Kaumaui, Keaukaha, Waiakea, Hilo, Hawai'i, fully encompassing the following three ( 3) separate TMK parcels ("Property"):( 3) 2- 1- 018: 007;( 3) 2- 1- 018: 006; and( 3) 2- 1- 018:010. Provided that an acceptable CE purchase price, timeline, terms, and conditions of the proposed CE can be agreeable to all parties, Hui Ho'oleimaluo would be a willing seller of a CE over the Property. A Conservation Easement is a non-development agreement and the Public Access, Open Space, and Natural Resources Preservation Fund cannot be used to 2 purchase developed RS district land simultaneously covered by a 50-year lease by Ka Umeke Ka'eo Public Charter School. B. NONDISCLOSURE AND AFFIRMATIVE MISREPRESENTATION. Hawaiian Islands Land Trust (HILT) and the property owner, Hui Ho'oleimaluo committed fraud in its application, Attachment-1, nondisclosure as well as by affirmative misrepresentations: (1) Kaumaui is not the historical "Site of an onshore landmark for one of three ' iko'a or ko'a ahi(ahi fishing shrine)." The shrine is newly built using a random stone. HILT has had years to correct the misunderstanding created by this fiction yet has not done so. The fiction caused Kaumaui to achieve a rank that it did not deserve to the detriment of other applications. (2) Hui Ho'oleimaluo did not disclose that it is the non-profit affiliate of Ka`Umeke Ka'eo Public Charter School ("Ka `Umeke"); or that on February 9, 2021 it accepted $950,000 as prepayment of a fifty-year lease of Kaumaui from Ka `Umeke in an unrecorded/undisclosed Memorandum of Agreement ("MOA"). Attachment-2 is the first five pages of the MOA that I received in response to a UIPA request from Ka `Umeke Ka'eo PCS. The State Public Charter School Commission("Commission") requires that Ka`Umeke provide the Commission with a lease signed by the Attorney General, pursuant to HRS section 37D-2 by May 21, 2023 as a condition of the renewal of their charter school contract. This information is available to the public on the Commission's website. (3) The development plans proposed by the MOA between Hui Ho'oleimaluo and Ka `Umeke, and as described in the true copy of the design contract with Hawaii Non-Linear received in response to a UIPA request from Ka `Umeke, attached hereto as Attachment-3, conflict with the protection of open- space, natural beauty, and three endangered species by the proposed non-development agreement/perpetual conservation easement ("CE") over the 3. 01 acres of loko `ia (fish ponds) and lands at Kaumaui, proposed to be purchased with PONC funds by the applicant. 3 (4) The MOA agrees that Hui Ho'oleimaluo will return the $950,000 Ka `Umeke prepaid for a fifty-year lease with the money Hui Ho'oleimaluo receives when the County pays for a CE over Kaumaui using PONC funds. This is a type of ponzi scheme that maintains the illusion of a sustainable business as long as new investors contribute new funds, and as long as most of the investors still believe in the non-existent assets they are purported to own. It is an illegal use of PONC funds, in my opinion. (5) Exhibit A attached to the proposed Resolution 60-23 is stale. The property has been developed in a utilitarian and not necessarily beautiful way. See current photographs. [Attachment-4, pgs. 1-2.] Tents, storage shed, and portable toilets detract from the natural beauty of the coastal area proposed Resolution 60-23 purports to protect. No matching funds have been acquired by HILT or offered as a resource from the community partners listed on the application. The Hawaii Supreme Court has opined: In Hawaii, claims for nondisclosure are governed by the Restatement (Second) of Torts § 551 (Am. Law Inst.1977). See Molokoa Vill. Dev. Co. v. Kauai Elec. Co.. 60 Haw. 582. 590. 593 P.2d 375 (1979); Pancakes of Haw., Inc. v. Pomare Props. Corp., 85 Hawai'i 300, 318, 944 P.2d 97, 115 (App. 1997); Sung v. Hamilton, 710 F.Supp.2d 1036, 1047 (D.Haw.2010) (noting that, under Hawai'i law, fraud can be committed "by nondisclosure as well as by an affirmative misrepresentation"). Section 551 of the Restatement provides, in pertinent part, as follows: (1) One who fails to disclose to another a fact that he knows may justifiably induce the other to act or refrain from acting in a business transaction is subject to the same liability to the other as though he had represented the nonexistence of the matter that he has failed to disclose, if, but only if, he is under a duty to the other to exercise reasonable care to disclose the matter in question. (2) One party to a business transaction is under a duty to exercise reasonable care to disclose to the other before the transaction is consummated, (b) matters known to him that he knows to be necessary to prevent his partial or ambiguous statement of the facts from being misleading; 4 Restatement (Second) of Torts § 551 (1977) (emphases added). The Restatement further explains the circumstances under which a party in a business transaction has a duty to disclose facts to the other in order to prevent a partial or ambiguous statement from being misleading: A statement that is partial or incomplete may be a misrepresentation because it is misleading, when it purports to tell the whole truth and does not. So also may a statement made so ambiguously that it may have two interpretations, one of which is false. When such a statement has been made, there is a duty to disclose the additional information necessary to prevent it from misleading the recipient. In this case there may be recovery either on the basis of the original misleading statement or of the nondisclosure of the additional facts. Restatement (Second) of Torts, § 551 cmt. g (emphasis added). Santiago v. Tanaka, 366 P. 3d 612, at 624 - Haw: Supreme Court 2016. Thank you for your time in considering these comments and legal arguments against proposed Resolution 60-23 for the reasons stated above. Sincerely, 5 Planning Department Route Slip Route Slip Date: [ ]Director K ' CAH €LANNT G DEPT [ ]Deputy [ ]Pvt.Secretary long Range Division [ ]Manager [ ]Planner Administrative permits C 1 Manager [ ]Planner [ ]boning Inspector [ ]Zoning Clerk Planning Division f ]Manager ] ]Planner { ]See.to Commission West Hawaii Office [ 1 manager [ ]Planner [ ]Inspector Drafting Section ]Draftsman General Administration [ ]Personnel Clerk [ IAccount Clerk f )pile 7MW-+ 1Y COY, 107 k014 [ ]See Me [ ]Circulate [ j Draft Reply [ ]Review&Comment [ ]Appropriate Action [ ]Investigate&Report [ ]Recommendatlon Remarks: 42'784 ATTACHMENT-1 , pg. 1 of 25 DEADLINE TO FILE BY FEBRUARY 26,2021 COUNTY OF HAWAII Reservedfor office use: Public Access,Open Space, and Natural Resource Preservation Commission �. SUGGESTION FORM F':t► For Lands and/or Property Entitlements for Acquisition The Public Access, Open Space, and Natural Resources Preservation Commission is accepting suggestions for sites or projects to improve upon public access, open space,and natural resources preservation, pursuant to Chapter 2, Article 42, of the Hawai'i County Code. Please use the form below to tell the Commission about a place or access you would like to see protected. Forms completed thoroughly will enhance assessment. The Commission welcomes re-submission of properties previously submitted where County Council has not taken action, Please use one form per suggestion and limit total application size including attachments to less than 10 MB (megabytes) or 20 pages maximum(include photos,maps,and figures).Completeness of requested content will affect ranking. Name of Site or Project: Kaumaui:Perpetual Conservation Easement Ahupua'a,Council District,and Location within: Kaumaui, Keaukaha,WaiAkc<i, i lila- 1 lawai`i/Council District 3 Tax Map Key(TMK)Number(s): i, i,-1-'.118,007;(3)2-1-018:006; and(3)2-1-018:01(" Land Area(Acreage): 3,02 acres Landowner(s): Hui Ho'olcimaluo(tcc tanduwner)/Hawai'i land Trust and the County of 1]a mai-i(proposed conservation easement cow-holders) Property is either: F-1 fee simple purchase request I V I easement request F1 or both Contact Name: Shae Kamakaala,Director of`Aina Protection,Hawaii Land frust Mailing Address: 500 Kslaniana`ole Ave.#1,Hilo,HI 96720 Phone/Fax: 808-940-0639 Email; shae,r+ilt.or,, Purpose of suggested site(for public acquisition)or project(please check those that apply) I v 1 Public outdoor recreation and education, © Preservation of forests,including beaches,coastal ar- including access to beaches&mountains eas, natural beauty,&agricultural lands P-1 Preservation of historic of culturally im- LTJ Protection of watershed lands to preserve water qua i portant land areas and sites ity and water supply Protection of natural resources,including buffer zones r Attachment A:Provide a Tax Map Key Plat map and a property map with the property boundaries and/or proposed access outlined or highlighted.To confirm the council district(map on page 3)by contacting the County Clerk's Office at (808)961-8277(URL)https://www.hawaiicounty.gov/our-county/legislative/office-of-the-county-clerk/elections- information.(Optional: include regional maps with nearby protected/public areas). Attachment B:Provide a clear statement detailing how public acquisition would fulfill one or more of the above pur- poses. Also,explain the intent,long-term vision,and/or strategy of this proposed acquisition or project. v Attachment C: Provide, if available,additional community endorsements for this proposed acquisition o r project through letters of support(simply reference any additional documents).In addition, please identify community or- ganizations,land trusts,or individuals that could be contacted for further information about this proposed acquisi- tion or project. r Attachment D.Provide verification of community organizations,land trusts,or individuals,who are willing to be part of the long-term management/maintenance of this property. Revised(10-14-20) Hawaii County is an Equal Opportunity Provider and Employer Page 1 of 3 ATTACHMENT-1 , pg. 2 of 25 r Attachment Ii Provide summaries or abstracts instead of full reports.Include within the summary,citations or links to reference the documentation related to the suggested site or project.This would assist the Commission in their assessments. Do not send original documents or pictures,as they will not be returned, Please answer the following questions in the attachments above to assist the commissioners in their scoring. 1) How would the general public benefit from this proposed acquisition or project? See Attached. Z) Describe any significant historic, cultural,or natural resources on the property(please be as spe- cific as passible and.include only a summary of documentation.i.e.archaeological reports) See Attached. 3) Describe and include maps showing any significant relationship to larger historical,cultural, and/or natural landscape_(i.e. corridor, agricultural field systems, conservation strategy,etc.) See Attached. 4) Describe level of urgency (i.e. is property currently on the market/for how long, has an active re- zoning/subdivision application been filed, high public use,etc.) See Attached. S) Describe any special opportunities for acquisition that presently exist. (Special funding available, etc.) See Attached. 6) Has partnering with other government agencies, private or nonprofit entities to leverage resources (funding,grants, managing partnerships) been identified? ❑Yes ❑ No ❑ Unknown If yes, please describe. See Attached. 7) Is/Are the landowner(s) aware of this suggestion and willing to participate? 63 Yes ❑ No ❑ Unknown if yes, please submit a letter form the landowner(s). See Attached. r� g) Is/Are the property(s)or property easement(s) available for acquisition? QYes❑No❑Un- known If yes,please describe. See Attached. 9) Are there any covenants,encumbrances, restrictions(i.e.association or maintenance),or ease- ments? If yes, please describe. See attached. Please send completed forms to: County of HawaVi Public Access,Open Space,and Natural Resources Preservation Commission 25 Aupuni Street,Suite 1101 Hilo, Hawaii 96720-4252 For further information contact:Maxine Cutler at(808)961-8069,Email:maxine.cutler@hawaiicounty.eDy For online information go to:http://records.eo.hawaii.hi.us/WeblinkB/Browse.aspx?startid=13770&dbid=l DEADLINE TO SLIBMIT IS THE LAST WORKING: DAY IN FEBRt7ARY BY 4:30 P.M. FOR OFFICE USE ONLY: Attachments: ❑A ❑ B ❑ C ❑ D E [] Other Hawoi'i County is an Equal Opportunity Provider and Employer Page 2 of 3 ATTACHMENT-1 , pg. 3 of 25 KAUMAUI: Perpetual Conservation Easement Attachment A: TMK Plat Map,Survey &HILT Project Map eer S £ h J .p I /i,.Ari�rANA OtC tL .p t R; r�,.,.w� .R r r �AI"'."w�• *-"1" ', ..Q�. �F� 1: •.`XP Y'e +.fis-RPP left I IMA /e RT tr i' �1VlYI.MK! �_'�Tl� '.��rlr'.,.' �y I ror®r nFM®®h nCl�+•! SON ?Y�iG tGlBidh ttt iRtlfr?T1aee� wen eua �ea•a.e.�r.R, ----"I-, ___ ymwtm.runt.lsal�0, �+■ ��^rte � � m�.�vO�iGnr�mexu Ruw s-� .I � 'p - ,prwhm•wmacntlh.xxRwmre �.xrnetwa iIwM . rrwrh .w L9 10-A y 315,3�B05diT " 4Q,46%fT. amGeia�e+`w ir°°'r°Y .er.rtrw.wnRtmRa�xr. s nee ' x ynl.nRear'a»s`s�t»Iwmr.a.wa may. N �' T y[wt\lSKNl lb'MW.MIIeCIWIi .�� �+ Yi1GGer PHRIIbK 9M6RrA'A1611a9te r ..,. ���ec IGN'•1.el.MlPhetl4rRee rn � ,1[. 11�� -' �O� •' SSe r'uSTgG xGw+wisw baa�w'0.1MG ...... 7(m__�...�_—!.. ♦ LA.. erW,.aG! ... 'Wan n...,aes�h.rr�rmr�,c.aot tier- _., awi xrtssx= - ::.un Bear,®wtum. erGrQ. mar..wn ' p G �� IID•da m.eha YlxnwMlahM1llwelG ltNt�l uy x � rA eo * (T e911GteRe.TeeA�V NUR>onieGtlaw6 atl G4' ...^ ", a�wlaer+.�aune.ri rs.ule..vata ��h K'tlYAM1.'6 Wl16M RalfMPO[! WWRGfaI'Yb I'R14WRYNr114M0. �g ♦n m IIGAG f�VPS'f�_rNB MGR'E4'MACPrNi j. :'a.w�nearn�+i.sear aGerewu rArO - YiWINK r•. t� C ,�atl9K�Sne,N.saRTMIY�PICa1R _ �lilt _ !■ wenn aa-a• ��, 51IR44lrFOR aDt'4PP.tTJVb/7161 I, LOT12tt716�(Y!6 O 3i l&!AF4 5.FRST6SELOWiM � Wh�kl IfAUFf/�5Q1fN HI.O,51NU',F�h&HFYifJ 7WE7 A!�Pl/,p'60'Ptill I{eNI1RG.YB NNMI NkTHAW �-�.rlAWtWwG P.Q.IXAf aEB G, ...-- i`�� R��Anex M{7Jli�tlQ'IBQ7A.7171Effi GAIILLIYIML91 PUEffi1Mr@ GI�DP!!.*Lk1�Y H1 WUtlG.%,.tillly _.__ rN9[9�R, fi 1 Note: This survey map provided was provided to Hui Ho bleimaluo hY rhe previous private landowner. It is provided here as it details remnants of the loko war (fresh w eller ponds) located throughout the property. ATTACHMENT-1 , pg. 4 of 25 N 'O N VI � Ul) N N ey < z T� Z LLI W' Q CD � a p u l3F��$� ' raJ w 4-J T aY � IL Pd o w N] L L : Q Ljj L 0 a d +v ra rm Y a LU ATTACHMENT-1 , pg. 5 of 25 KAUMAUI: Perpetual Conservation Easement ATTACHMENT B: PONC PURPOSES& COMMUNITY VISION Instructions: Provide a clear statement detailing how public acquisition would ful fill one or more of the PONC Purposes. Also, explain the intent, long-term vision, and/or strategy of this proposed acquisition or project. 1. How would the general public benefit front this proposed acquisition or project.' The proposed perpetual conservation easement("CE")over the 3.01 acres over the loko "ai (fresh water ponds) and lands at Kaumaui(see HILT map)would fulfill all of the Public Access,Open Space, and Natural Resources Preservation Commission's ("PONC")purposes ensuring: a)outdoor education and access to a coastal area while restoring, enhancing and maintaining its natural beauty and health of the ecosystem;b)the preservation and enhancement of culturally important land areas and sites with cultural protocols in place to ensure appropriate access;c)the protection, restoration.and stewardship of the natural resources of the loko wai and anchialline ponds(see survey map for size of ponds) in a way that promotes the prudent use of Hawai`i's unique, fragile,and significant environmental and natural resources as this project site is visible from the highway of Kalanianaole Avenue for the public and visitors to see;d)the protection k,f co.iV tal areas,natural beauty, and agriculture lands as Hui Ho'oleimaluo,the local 501(C )(3)fee landowner and steward envisions restoration of the ponds to grow fish and limu as .,cll as grow food on the land;and c)the protection of watershed lands as the the ponds use of them and the land area are critical to the effective management of Hilo's watershed, ground .eater recharge, and reslience of the coastal environment. Hui Ho`oleimalu6 has also exhibited e.xceptional stewardship of Honokea Loko I`a, located just a few blocks away at Richardson's 11��,ich Park, through agreements with the County Parks and Recreation for their active stewardship and educational programming. As a focal 501(c)(3) landowner and steward, Hui Ho'oleimaluo acknowledges the importance of the granting of a perpetual CE over Kaumaui and the positive impact it will have beyond the boundaries of the ponds and lands for the general public and the aforementioned PONC purposes. Note, project partners will develop the exact terms and conditions of the proposed perpetual CE in the due diligence phase of the project,however this document provides conceptual understandings of how the proposed CE woould function. Hui Ho`oleimaluYs generational commitment to the stewardship and care of Kaumaui and its willingness to grant a perpetual CE offers HILT and the County of Hawaii (County)with a very unique opportunity to work with an exceptional landowner partner. A perpetual (T.skill effectively codify the proper use, stewardship, and education of the ponds and land at Kaumaui. The long-term vision for Kaumaui is to provide a space to design and introduce new STEAM (Science, Technology, Engineering,Arts,and Mathematics)related instruments and methods within the Hawaiian community,collaborating with neighboring land-owners and stewards,and educational organizations to transfer localized knowledge,preserve and share the area's rich cultural history,and contribute to food production and security, while discovering adaptive methods that will drive future generations to build resilience for sustaining our coastal resources. ATTACHMENT-1 , pg. 6 of 25 KAUMAUL• Perpetual Conservation Easement Permanently protecting the ponds and land area at Kaumaui from future development threats and misuse will ensure and provide the general public with environmental,educational, and cultural benefits. With a CE future development plans for Kaumaui %�ill ensure that existing natural resources and habits are not adversely affected. Much of the project area is made up of loko i`a thus any development will be limited to the existing surrounding land areas and will comply with State conservation use designation guidelines. We envision indoor,outdoor classroom facilities, bathroom facilities,and to the extent possible a community use kitchen and sleeping hale, optimizing the learning lab potential for Kaumaui. This project supports the expansion of Hui Ho`oleimaluo's work and impact at Honokea Loko 1`a,their original and current fishond stewardship and education site just a few blocks away at Waiuli and Puakahinano (Richardson's Beach Park). Hui Ho'oleimaluo will also be supported to further contribute to loko i'a restoration across Hawai'i and continue to grow the body of research and literature on loko Ca and their benefits to communities,education,food production. watershed ecoss stems.and healthy reefs. Furthermore, the permancy of this project provides the keiki (kids)and families who attend Hui Ho'oleimaluo's educational programming and volunteer work days to c.rperience the expanded kuleana(responsibility)that comes with the attainment of knowledge and experience—they will have permanent access and stewardship responsibilites for the ponds and lands at Kaumaui. This project is also in alignment kith the work being done in Keaukaha and East Hawaii by Hui Ho'oleimaluo's partners at Kameharneha Schools. The Edith Kanaka`ole Foundation ("EKF"), Ka '[;meke K5'eo PCS (Ka `Umeke Kd'eo), Ke Ana La`ahana PCS("KAL"),Sea Grant, Hawaii Community College,and the University of Hawaii at Hilo. The strategy for engaging the community and achieving the long-term vision for Kaumaui is through on-going relationship building with the neighboring and surrounding communities,and partnerships with organizations that have value aligned missions and visions. Hui Ho`oleimaluo will continue to focus on facilitated hands-on educational activities and outreach via community workdays, formal and informal educational programing,advising and mentoring of post-secondary STEAM students, and developing and disseminating related S H"AM and Hawaiian cultural curriculum in both `olelo Hawaii(Hawaiian Language)and I'nglish. Work will center around fish population growth and monitoring, loko i`a restoration and maintenance,fish nursery management protocol, implementation planning for coastal fishery management, habitat enrichment,rock wall maintenance,native coastal plant revitalization, Hawaiian rno`olelo,and sea-level rise and changing coast qualities. The Hui Ho`oileimaluo team has the expertise and capacity to successfully function as the land and loko i`a stewards for Kaumaui. Established in 2013, Hui Ho`oleimaluo has spent the last seven years conducting a long-term historical,cultural,physical,natural, and scientific study and monitoring of Honokea Loko I`a and surrounding areas at Waiuli and Puakahinano (Richardson's Beach Park providing a lived example of the committment to the stewarship of the pends and land at Kaumaui. Hui Ho`oleimaluo's restoration and revitalisation of Honokea I.oko Pa has grown into a full-time community project that involves many stakeholders ir7cluding community members, organizations, school groups, and Hawaiian cultural practitioners. Through stewardship activities like debris and sediment removal,rock wall restoration and maintenance, channel construction, makaha(sluice gate) construction and ATTACHMENT-1 , pg. 7 of 25 KAUMAUI; Perpetual Conservation Easement installation,fish home(rock)construction,fish and seaweed replenishment, vegetative overgrowth removal to unblock natural springs,water quality testing,native plant propagation, place-based curriculum development, climate change studies. and signage and public service announcements(PSAs). Hui Ho`oleimaluo has promoted public knowledge and understanding of Hawaiian cultural resources and restored,revitalized, and sustained the ecology of Honokea Loko Pa and its surrounding habitats. The on the ground Ho'oleimaluo Team includes Executive Director, Kamala Anthony; Documentation and Geography Program Officer, Manoa Johansen; and a Heritage Management Program Officer,Nahoku Kahana. Kamala Anthony grew up at Waiuli (less than a block from Kaumaui)and co-founded Hui I lo'oleimaluo. She holds a B.S. in Agriculture with a specialty in aquaculture from the University of Hawaii at Hilo(UHH '14), and a M.S. in Tropical Conservation Biology and Environmental Science(TCBES)(Ul1I I 'I Q). Manoa Johansen has a strong genealogical connection to the island of Hawaii. He has an A.A. in Hawaiian Lifestyles with a focus on cultural fishery management from Hawaii Community College(2013)and a B.A. in Geocraphy (1.1111 '17)where he focused on mapping and boundary systems. Nahoku Kahana was born in Hilo, 1-lawai`i. She is fluent in 'Melo Hawaii and skilled in many Hawaiian cultural practices such as loko i'a fl lawaiian fishpond),wetland taro farming,preservation of burial sites,hana no'eau(Hawaiian arts and crafts), and kuana 'ike Hawaii(Hawaiian perspective). Nahoku holds a B.A. in Anthropology with a Certificate in Beekeeping(UHH '17) and is currently enrolled in the Kaho`iwai Center for Adult Teaching and Learning program through Kanu o ka 'Aina. Hui Ho`oleimalu6's voluntary Board of Directors include: President, Blake McNaughton, a fellow loko i'a educator with Kamehameha Schools. Vice President, Jarrett Waipa,a resident of Waiuli and fishing and ocean practitioner; Treasurer, Haku Ho`opai, providing a strong accounting and fiscal management background;Kari Kaloi, Secretary;and Officer,Nahoku Kahana. 2. Describe any significant historic, cultural, or natural resources on the property (please be as specific as passible and include only a summary of documentation. ie. archaeological reports,)AND 3. Dcvcrihe and include maps showing any significant relationship to larger historical, cultural, andfor natural landscape. (i.e. corridor, agricultural field systems,conservation strategy,etc.) Kaumaui is located along the Keaukaha coastline in East Hawai'i,Hawaii Island in the ahupua`a(a traditional land division)of Waiakea, and moku(district)of Hilo. The Keaukaha coastline is approximately five miles long from Palekai (Breakwall)to Lehia(King's Landing) and includes a Hawaiian Homestead community,. private landowners, condominiums, vacation rentals, public schools and educational organizations,and private businesses. Keaukaha has been featured prominently in the Hilo landscape and because it is home to many Native Hawaiian residents,and Hawaiian based education programs and serving organizations (Ka `Lincke Kd'eo, Ke Ana La`ahana,Keaukaha Elementary. Edith Kanaka'ole Foundation, hamthamehameha Schools,etc.)much research has been done in and around the community including historical and cultural studies,mapping and oral history reports, and natural resource and coastal use projects. There have also been many mele and 'oli composed about Keaukaha. Compiled, these resources provide a rich source of information to share with younger generations and the wider Hilo community. Boasting more than half a dozen county beach parks ATTACHMENT-1 , pg. 8 of 25 KAUMAUI. Perpetual Conservation Easement that are used for recreation,education,and subsistence fishing, Keaukaha is one of the most heavily used coastal areas in East Hawaii, offcrim-, a plethora of recreational activities including fishing(also subsistence), surfing,snorkeling,hiking. and 5N\imming. A CE at Kaumaui would contribute to this lifestyle and recreational experiences cel"Keaukaha. Kaumaui's central location along the Kcaukaha coa„time entails it has many significant historic,cultural,and natural resource. Bordered by Wai'61ena loko on the Puna side and the area traditionally known as Hauani'o on the Hilo side, Kaumaui is specifically named in many Keaukaha mele,oli,and mo'olelo. Community resaurccs and historians conjecture that the loko on the front part of Kaumaui, along Kalanianaole A,,e.. were once connected to the loko on the ma kai (towards the ocean)side of Kalanianaolc prior to the construction of the highway. The use of the Hawaiian word wai to describe the loko in Keaukaha,rather than the word kai, is significant as wai refers to fresh water while kai typically refers to salt water. The Keaukaha coastline is known for its many fresh water springs that are fed by groundwater from the uplands (Mauna Kea)that percolates at the coast(Anthony.2018). As such,the water in the loko at Kaumaui is traditionally known as waikai (brackish) k\hick is a mix of both fresh and saltwater. The loko i'a in Keaukaha were developed as an efficient use of\Naikm, facilitLiting a brackish habitat and ecosystem resource that is extremely unique. I he loko waikai and anchialline ponds are the most significant natural resources at Kaumaui: Loko i`a are specific to Hawaii and"represent one of the ancient world's most significant and successful aquacultural achievements(Keala,2007).” The type of loko i'a in a given area were dependent upon the resources available in that space. There are a total of 6 different types of loko i'a throughout Hawai'i which include loko wai, loko pu`uone, loko kuapa, loko`ume iki, loko i'a kalo, and k5heka and hapunapuna.These systems are found nowhere else in Polynesia(Costa-Pierce 2002). In 1778, it was documented that at least 360 loko i'a existed in Hawai'i with an estimated production of 900 metric tons of fish/year(Costa-pierce 1987). A statewide survey conducted in 1990 identified 488 fishpond sites that range in condition from degraded or unrecognizable to partially intact. 'fhc loko i'a at Kaumaui are loko wai and anchialine ponds. Anchialine ponds are inland pools/ponds that have no surface connection to the ocean but their water levels rise and drop with the tide as if they contain underground connections to the sea(Yamamoto et. al 2015). anchialine pools in Hawaii are special aquatic ecosystems that provide pathways to the"hidden �s orld"and are a brackish water oasis for some of Hawai'i's rarest species such as the'opae `uta and pinao `ula(Yamamoto et.a] 2015). Historically Hawaiians would designate anchialine pools for specific purposes: loko i'a,drinking water, or bathing areas. Out of the approximately 700 anchialine pools identified throughout al l the main Hawaiian ],,]ands. 650 of them are found on Hawaii Island alone. Over the last thrcc decades we have seen a considerable effort made by communities to restore loko Va across I kmari. The loko wai at Kaumaui were actually an integral part of these restoration efforts. As one ofthe few registered and licensed loko Va in Hawaii,the loko wai at Kaumaui were utilized as a learn ing site by Buddy Keala in the authoring of: Loko I`a A Manual on Hawaiian Fishpond Restoration and Management,published in 2007. This publication continues to be used today at loko Va sites across Hawaii. Kua`dina Ulu `Auamo (KUA),a ATTACHMENT-1 , pg. 9 of 25 KAUMAUI: Perpetual Conservation Easement community natural resource management organization,has documented over 50 distinct loko Va sites where communities are coming together to remove invasive species, monitor water quality, conduct scientific studies, rebuild rock walls, create public awareness,do species monitoring, and perpetuate traditional Hawaiian practices. One of the major goals at each of these sites is to increase the productivity of the coastal loko i`a as they are an important component of creating sustainable communities and"could be a vehicle for providing employment, economic opportunity, fishstock enhancement, educational opportunities, and promotion and sharing of cultural values for the people of Hawai`i(Keala 2007)." Ho'olaulima ku na kupuna, malama no i ka loko i`a E ho`omau i neia waiwai ho`oilina. Let us work in the manner of our ancestors,let us preserve the fishponds to continue this part of our heritage(Keala,2007). —from Summers (1954) While only three acres, Kaumaui has more than three distinct loko wai and nursery ecosystems. and many endemic species. A recent survey done at Kaumaui by community members and fishermen identified a variety of native(`apae, `o`opu, `anae, `aholehole) and insaii�c f iiutiquito fish,tilapia, prawns)species inhabiting the loko wai. Furthermore, the substrate in the loko systems at Kaumaui consist of large amounts of sediment and debris.As noted above the loko wai at Kaumaui are additionally complex because they are situated in the dynamic interface between freshwater and seawater(waikai) and depend on the influences of both land and sea. The near shore brackish habitats of Kaumaui, Wai`olena, and Waiuli in Keaukaha are important for juvenile fish, seabirds,and produce desirable food fish and shellfish. Namely,nene goose have been observed at the property. Kaumaui is an important physical learning space for intensive and meaningful observational studies around the impact of various climate phenomena(e.g., changes in freshwater input, increased storminess,sea level rise) because the site is directly affected by these natural and human influenced phenomena. Moreover, research related to climate change and coastal loko i'a is especially advantageous because of the complexity of these integrated farming systems connecting watershed ecosystems to nearshore mariculture and fisheries ecosystems(Costa-Pierce 2002). Providing physical clues to the land and ocean connection. along with the loko wai at Kaumaui,the Nalimu `ohana from Keaukaha notes that Kaumaui is the site of an onshore landmark for one of three `iko`a or ko'a ahi (ahi fishing shrine) found along the coast between Keaukaha and Puna, with the other two being at Papa`i and Anapuka(Maly, 2003). These stories, cultural connections, and observations provide environmental clues and applied educational opportunities for Hui Hwoleimaluo,project partners, and the community. 4 Describe level of urgency(i.e. is property currently on the market1for how long, has an active re-zoning/subdivision application been filed,high public use,etc.) There is a significant level of urgency to secure a permanent CE over Kaumaui. Families "ho were raised and live in the Keaukaha community,educational organizations, and the general public are extremely concerned over the future of privately owned land,the coastline,and loko i`a that are abundant throughout Keaukaha.The community has experienced the negative impacts that short term vacation rentals,unmanaged tourism, and increased and unmanaged recreational use have had on the lifestyle and natural and cultural resources of Keaukaha. ATTACHMENT-1 , pg. 10 of 25 KAUMAUI: Perpetual Conservation Easement In early December of 2020,the Okazaki Trust listed the three-acre Kaumaui property for sale(TMKs: (3)2-1-18:10,(3)2-1-18:6,(3)2-1-18:7). Within three days,the property had been shown to over half a dozen interested buyers. Amongst the interested buyers were a group of concerned community members and organ izations who were familiar with the area and understood the presence of many natural and cultural resources on the site. They also understood that undek cluped fee-simple parcels of this size are almost non-existent in Keaukaha. The\ responded instantly as they understood the threat of sale to a possible developer or private buyer who does not hold the same values, knowledge, and desire to care for the lands and pools would have. The community was in the understanding that any one of those interested buyers could construct up to eight(8)structures on the property and that being coastal fronting, the parcels would be a hotbed for unregulated vacation rentals increasing the vulnerability of this property to that kind of development. in addition,because hightened and specific legal protections for anchialine ponds do not exist, there was and is the threat for the anchialine ponds on the property to be filled in and bui It upon. The community came together and were able to secure funds to purchase the property and remove it from the market temporarily for the time being. Ownership of the Kaumaui Fishponds transitioned to local 501(c)(3),Hui Ho`oleimaluo, with recordation of the deed occuring on February 18,2021. While in escrow,the previous owners noted that they had multiple back-up offers. higher than that offered by Hui Ho'oleimaluo and even higher than the assessed value of the property. This reaffirmed just how highly desirable these parcels are to private buyers and supposed short-term vacation renters. The CE is an urgent need for ensuring that Kaumaui is protected from un-vision aligned development threats in the future. The CE also provides this assurance if ever there were an unforeseeable and unforetunate circumstance that Hui Ho'oleimaluo's ownership ever transition 10 a 11011-vision aligned private party. S. Describe any special opportunities for acquisition that presently exist. (Special funding available,etc.) Hui Ho'oleimalua's generational commitment to the stewardship and care of Kaumaui and its willingness to grant a perpetual CE offers HILT and the County of Hawaii (County)with a very unique opportunity to work with an exceptional landowner partner. A perpetual CE will effectively codify the proper use,stewardship,and education of the ponds and land at Kaumaui. If another private buyer were to have purchased the parcels,this opportunity would likely have not existed. 6. Has partnering with other government agencies,private or nonprofit entities to leverage resources(funding,grants,managing partnerships)been identified? Yes,the following organizations and agencies have been identified regarding their interest and capacity to provide resources to Hui Ho'oleimaluo and Kaumaui including financial,. research, legal,and educational: Kamehameha Schools, Edith Kanaka`ole Foundation, Ka 'Umeke Ka'eo PCS. Ke Ana La'ahana, Hawaii Community College, and the University of ATTACHMENT-1 , pg. 11 of 25 KAUMAUI: Perpetual Conservation Easement Hawaii at Hilo, and Hui Malama Loko 1'a ofKUA. Many of these organizations are existing Hui Ho`oleirnaluo partners. Additionally, Hui Ho'oleimalua has a good working partnership with the County of Hawaii Parks and Recreation Division as a result of their work at Honokea Loko I`a and Lehia. Long-tern, the plan for financial sustainability is to continue to build partnerships with local schools who utilize the site for learning,to develop and disseminate materials that can inform other similar loko Pa and loko wai restoration projects,and to work closely with private,county, state,and federal agencies for continued in-kind and financial support. 7. Is the landowner aware of this suggestion and willing to participate? Yes. the landowner is aware of this suggestion and is willing to partiepate, see Attachment 1). 8. Are the property's property easement(s)available for acquisition? Yes,the proposed CE over the properties are available for acquisition,see Attachment D. 9. Are there any covenants,encumbrances,restrictions(ie.,association or maintenance), or easements? HILT is committed to continue its duff diIi,ence on this project, to include a thorough title review of the Property. At this time, HILT understands that project partners Hui Ho'oleimaluo and Ka 'Umeke Kd'eo have engaged in a MOA agreement in which the parties have agreed to negotiate for a long-term lease that would allow haumana(students)from Ka `Umeke Kd'eo to utilize Kaumaui for a lab site during the school year. Under this arrangement ,Ka `Umeke Ka'eo would contribute to related maintenance of the site. ATTACHMENT C: COMMUNITY ENDORSEMENTS Provide, if available, additional community endorsements far this proposed acquisition or project through letters of support(simply reference any additional documents). In addition, please identify community organizations,land trusts, or individuals that could he contacted for further information about this proposed acquisition or project. Please see the attached letters of support. HILT and project partners are committed to community engagement and outreach and will encourage and provide additional letters of support in future stages of the PONC process. ATTACHMENT-1 , pg. 12 of 25 Ka`Umeke Kft'eo Hawaiian Immersion Public Charter School [ if K E A U & A H A _._. February 21,2021 Aloha c Chairman Dr. Wayne Frank and Commissioners, The Governing Board of Ka`Umeke Ka°eo Public Charter School strongly supports Hui Ho`oleimalu©and Hawaiian islands Land Trust's(HILT)initiative to raise public funding for a conservation easement in order to ensure the loko i`a and surrounding property at Kaumaui (located at 2212 Kalanianaole Street Hilo and consisting of three acres in Keaukaha,East Hawaii island),are protected in perpetuity. Ka `Urnekc Ka`eo is a Preschool-Grade 12 Hawaiian Language Immersion Charter School, located in Keaukaha. We serve 250 students ages 3-18 our mission is:I Ulu I Ke Kuamo`e, I Mana I Ka `Oiwi,I Ka`co No Ka Hanauna Hou (Inspired By Our Past, Empowered By Our Identity, Prepared For Our Future). Our educational vision is to utilize Keaukaha as our learning laboratory,providing a space for haumana to develop environmental literacy skills and a deep connection and understanding of place that will allow them to enrich their communities and take positions of responsibility beyond the boundaries of the school. Hui Ho`oleimaluo has been an educational partner of Ka`Umeke since 2015. The following highlights the main reasons Ka`Umeke Ka`eo supports the permanent protection of Kaumaui: First,the conservation easement safeguards Hui Ho`oleimalu6`s commitment to provide Hawaiian`aina-based learning opportunities in both `olelo Hawaii and English to Keaukaha educational organizations and the general public in the Waiakea watershed. These educational opportunities include: STEM and loko i`a(Hawaiian fishpond)related practices;cultural learning of historic sites; aquifer and anchialine pool research;endemic species identification; Hawaiian habitat restoration; and low coastal zone climate change impact assessments. Second,a conservation easement will prohibit subdivision and development of Kaumaui and simultaneously ensure the restoration and stewardship of the unique loko Va and anchialine pool ecosystem while contributing to the overall health of the Keaukaha coastline. Third,the site will build community capacity for the many Keaukaha and Hilo community students,educators,and volunteers who work with Hui Ho°oleimaluo,to actively learn and engage with community resources while developing sustainable practices for the future of the most heavily used coastline in East Hawaii. Fourth this would allow Ho`oleiumaluo and Ka`Umeke Ka`eo alongside our other community partners including Kua`Rina Ulu Auamo, Kaiaulu Hanakahi,Ke Ana La`ahana Public Charter School,Kamehameha Schools,the Edith Kanaka`ole Foundation,Lanakila Learning Center,Na Huna`ahi, Ki"puka Native Hawaiian Student Center(UH Hilo), and the Keaholoa STEM Program (UH Hilo)to contribute to the growing body of research and literature on loko i`a practices and food security in Hawaii. I Ulu i ke Kuamo`o I Mana i ka`Oiwii I Ka`eo no ka Hanauna Haul Inspired by Our Past_Empowered by Our Identity-Prepared for Our Future! i5oo Kalanianaole Ave./Hilo,Hawaii 96720-4815•Kelepona Phone 808.933.3482/Kelapa'i Aar 808.433.3488 ATTACHMENT-1 , pg. 13 of 25 Ka`Umeke l&eo Hawaiian Immersion Public Charter School f N K E A V K A H A Ka`Umeke Kd'eo greatly values the availability of public conservation funding for projects such as Kaumaui and strongly supports the use of public funds for the acquisition of a conservation easement to permanently protect Kaurnaui. Mahalo, uakailima Naipo Governing Board Chair I Ulu i ke Kuamo`o I Mana i ka`Uiwii I KS`e:o no ka Hanauna Hou! Inspired by Our Past-Empowered by Our Identity-Prepared for Our Future! i3oo Kalanianaole Ave./Hilo,Hawaii 96720-4815•Kelepona Phone 808.933.3482/Kelapa'i Pay 808.933.3488 ATTACHMENT-1 , pg. 14 of 25 L-�t- �J � ���'Y � crlrrwr arr r.owrr� arr#rl wll sw.M II w.Mrr#r'!. as a!! ij � � February 25,2021 Dear Chairman Dr_Wayne Prank and Commissioners, The Leleiwi Community Association strongly supports Hui Ho`oleimalua and Hawaiian Islands Land Trust's(HILT)initiative to raise public funding for a conservation easement in order to ensure the loko i`a and the surrounding'property at Kaumaui(located at 2212 Kalanianaole Street)consisting of three acres in Keaukaha are protected in perpetuity. The Leleiwi Community Association is made up of residents and land owners from the area between Laehala (Yacht Club)and Lehia(end of Kalanianaole). Our purpose is to take an active interest in the civic,cultural,social and environmental welfare of this community and to initiate and influence decision which have a positive effect on that welfare. Established in the 70`s our founders and members have been instrumental in protecting the Leleiwi coastline from over development by fighting to limit the number of high rise buildings in the area,developing prohibition guidelines on the County's use herbicides and pesticides along the water's edge,and more recently taking a stand against un-regulated vacation rentals. The Leleiwi Community Association supports a conservation easement to protect Kaumaui because it aligns with our desire to keep our neighborhood low-density residential and we understand that our coastal community is highly vulnerable to development. A conservation easement will prohibit subdivision and development of Kaumaui and limit the-possibility of a developer or private buyer from constructing multiple structures on the property filling in the ' existing anchialine ponds. Our association believes that the intended restoration and stewardship of the unique loko i`alanchialine pool ecosystem at Kaumaui will contribute to the overall health of the Keaukaha coastline and is the best use for this property site. In addition,we recognize that our coastline is heavily used by residents and visitors and we value the learning opportunities they will be provided to foster sustainable use practices for the future. The Leleiwi Community Associating greatly values the availability of public conservation funding for projects such as Kaumaui and strongly supports the use of public funds for the acquisition of a conservation easement to permanently protect Kaumaui. Sincerely, Jonathan e Vice President Leleiwi Community Association ATTACHMENT-1 , pg. 15 of 25 0 Keaukaha Community Association Board President Dice President Secretary Treasurer Patrick Kahawaiola'a Wendy Mapuana Waipa Mona Lee-Ubedei Kaaka Swain February 25, 2021 Aloha a Chairman Dr. Frank and Commissioners, The Keaukaha Community Association (KCA) strongly supports Hui Ho'oleimalua and Hawaiian Islands Land Trust's (HILT) initiative to raise public Funding for a conservation easement in order to ensure the loko i`a and surrounding property at Kaumaui, Waiakea Ahupua'a, consisting of three acres in Keaukaha, are protected in perpetuity. KCA members are the Native Hawaiian beneficiaries of the Hawaiian Homes Commission Act,,Mho live in the `Rina Ho`opulapula o Kcaukaha. We look to protect, preserve. and perpetuate the customary and traditional rights and values ofour I lawaiian culture and to educate all in our Hawaiian communities. Our objective at KCA is to engage in, encourage and promote community pride and participation, in the Keaukaha Community's efforts to provide a safe neighborhood for the health, general welfare and the effects of reducing neighborhood tensions and to combine all our etforts to work for the betterment of all our Native Hawaiian people residing on lands having the status of Hawaiian Homelands, in general and in particular those of the Keaukaha Community Association. KCA is in strong support of a conservation easement to permanently protect the 'aina and loko at Kaumaui. The Keaukaha coastline and its natural and culture resources are integral to KCA members and are an important part of our history and identity. Safeguarding our resources and our right to access and utilize our traditional spaces for educational, ceremonial, subsistence, and other culture purposes is of the utmost importance to our members and to younger generations of Native Hawaiians. Hui Ho`oleimalub's commitment to provide Hawaiian 'aina-based learning opportunities in both 'vlelo Hawaii and English to Keaukaha serving educational organizations will build our community's capacity to actively engage in decision making that will directly impact our futures. In addition restoration and stewardship activities at Kaumaui will contribute to the overall health of the Keaukaha coastline and the availability of food resources. KCA greatly values the availability of public conservation funding for projects such as Kaumaui and strongly supports the use of public funds for the acquisition of a conservation easement to permanently protect Kaumaui. Mjp ka ha'aha-a. a`akap a StvaFn Treasuer ATTACHMENT-1 , pg. 16 of 25 Kamehameha Schools- County of Hawaii Public Access,Open Space,and Natural Resources Preservation Commission LETTER OF SUPPORT By A.Kilohana Hirano Director,Hawaii Island Community Strategies Kamebameha Schools I Strategy and Transformation Group 160E Kea`a Street, Hilo, HI 96720 TO: Chair Wayne Frank,Vice Chair Alex Kelepolo and Members of the Public Access,Open Space,and Natural Resources Preservation Commission RE: Letter of Support—Hui Ho`oleimaluo and Hawaiian Islands Land Trust fundraising for conservation easement at Wai`olena,Keaukaha,East Hawaii Island. Aloha e Chair Frank, Vice Chair Kelepolo and Members of the Commission, My name is Kilohana Hirano and 1 am Kamehameha Schools' Director ofHawai`i Island Community Strategies.My kuleana involves engaging with community partners in support of Kamehameha Schools' educational mission and vision for a thriving lahui Kameliameha Schools strongly supports Hui Ho`oleimaiva and Hawaiian Islands Land Trust(HILT)in their application to raise public funding for a conservation easement to protect in perpetuity the loko i`a and surrounding propert} �3t Wai`olena/Kaumaui(Wai`olena).This subject propal\ i�,located at 2212 Kalaniana`ole Street in Hilo and consists of three acres in Keaukaha,East Hawaii Island. Kamehameha Schools has been partnering with Hui Ho`oleimaluo since the nonprofit was established for the purpose of using Hawaiian epistemology to educate the Hawaii Island community at Honoke'a Loko at Waiuli(Richardson's Beach Park),connecting learners from across the island and state in hands-on, experiential learning. In stewarding `Aina Pauahi,Kamehameha Schools places value on the educational,environmental, cultural,community,and economic uses of'aina,with a goal of engaging with communities to educate and empower `oiwi leaders to build resilient economies. We believe that Hui Ho`oleimaluo also shares these values and, for this reason,we support the intended work at Wai`alena. Hui Ho`oleimalub's commitment to provide Hawaiian `Rina-based learning,especially to those in the surrounding Keaukaha area,makes Wai`olena and the anchialine ponds a prime location for conservation and environmental education.These educational opportunities include:STEM and loko i`a(Hawaiian fishpond)related practices;cultural learning of historical sites;aquifer and anchialine pool research; endemic species identification;Hawaiian habitat restoration;and low coastal zone climate change impact assessments. ATTACHMENT-1 , pg. 17 of 25 Letter of Support for Hui Ho'oieimalu6/HILT Kamehameha Schools Page 2 The continuous presence of Hui Ho`oleimalua at Honoke`a Loko has been instrumental in the stewardship of the larger Waiakea watershed.We believe their expansion to the neighboring Wai'oiena area will similarly help ensure the health of the loko i'a,anchialine pools ecosystems,and Keaukaha coastline. Raising public funding for a conservation easement at Wai`olena will allow Hui Ho`oleimalua and its community partners—Kua'Aina Ulu`Auamo,Kaiaulu Hanakahi,Ke Ana La`ahana Public Charter School,Ka `Umeke Ka`eo,Kamehameha Schools,the Edith Kanaka`ole Foundation,Lanakila Learning Center,Na Hunaahi, KTpuka Native Hawaiian Student Center(UH Hilo),and the Keaholoa STEM Program(UH Hilo) -to contribute to the growing body of research and literature on loko i'a practices and food security. For these reasons,Kamehameha Schools supports the County's purchase, in partnership with HILT,of a conservation easement over Hui Ho`oleimaluo's`aina at Wai`olena. Mahalo for the opportunity to provide this statement of support. ATTACHMENT-1 , pg. 18 of 25 KAUMAUI: Perpetual Conservation Easement ATTACHMENT D: COMMITMENT TO LONG-TERM MANAGEMENT Provide verification of community organizations,land trusts, or individuals, who are willing to be part of the long-term managementlmaintenance of this property. Please see the attached commitment letters from landowner and steward,Hui Ho`oleimalua and Hf I-Vas a committed Administrative Co-holder of the proposed perpetual CE. ATTACHMENT-1 , pg. 19 of 25 February 26,2021 HAWAII I Dr. Wayne Frank, Chairperson LAND T R u 5 T Alex Kelepolo,Vice Chair County of Hawaii Public A ccess, Open Space, and Natural Resources Preservation Board of Directors Commission 2021 25 Aupuni Street, Suite 1101 Hilo, Hawai'i 96720-4252 Board Clair MarnF Charles Re: Hawaii Land Trust Commitment and Willingness for Kaumaui I icel Chair Dear Chair Frank,Vice Chair Kelepolo,and Commissioners, Lisa Grove T'reasknr Hawaiian Islands Land Trust,d/b/a Hawaii Land Trust(HILT)would like Keith Ogata to express its commitment in working with Hui Ho`oleimaluo, Ka'Umeke K5'eo Hawaiian Immersion Public Charter School,the County of Hawai'i,. S&Tetag other project partners,and the community for the permanent protection of Jennifer Luck the lands and fishponds of Kaumaui, Keaukaha, Waidkea,Hilo. } Pastbair Hawaiian Islands Land Trust,d/b/a Hawaii Land Trust("HILT") is Jonathan Schcuer Hawai'i's islands-wide land trust that is both a Hawaii 501(c)3 nonprofit, Neil Hannahs and a nationally accredited land trust. Our mission is to protect and ste"kard the lands that sustain Hawai'i,and to perpetuate Hawaiian values by Matt Beall connecting people to'5ina. HILT holds 45 perpetual conservation easements("CE")restricting private lands,owns and stewards 7 preserves, Lc'ahi }-Tall and has protected over 21,000 acres throughout Hawai'i. With national Land Trust Alliance accreditation.HILT demonstrates our success and Lam'Stevens commitment to follow and implement the standards and best practices in the field. As an accredited land trust, HILT is also required to monitor all J�d�,Kaulukukui of its conservation easements annually. Marissa Harman HILT would also like to express its commitment and willingness to Rand, Vitousek monitor the proposed CE over the subject property and provide an annual monitoring report to the County of Hawaii,as a proposed co-holder. Jocelyn Herbert As Hawai'i's coastlines,wahi kupuna (cultural landscapes).. and lands that Theresa Young grow healthy food for local families are strategic priority areas for HILT, we strongly support this CE acquisition to ensure the permanent protection President& CEO and community benefit of the subject property for education, food Laura H.E.Kaakua production,cultural preservation, and the lasting social and environmental impacts within and beyond the property's boundaries. ph:808.791.0729 Malama pono, 126 Queen St., Ste.Sof Honolulu, Hawaii 96813 gaLOQ I www.hilt.org Shae Kamaka`ala, Director of'Aina Protection shae@hilt.org, (808)940-0639 ATTACHMENT-1 , pg. 20 of 25 Hui Ho`olelmaluo 2306 M.aL3ni ana`o#e Avenue I Hilo,Hawati i 967201 Email hooletmaluc*kgmatl.corn February 26, 2 02 1 5hae Kamakaala Director of'Aina Protection Hawaii Land Trust 500 Kalanianaole Ave_#I Hilo,H1%720 Sent via email:shae afltilt.ora Cc: lauraa h i It.ora Re: Willing Seller of Conservation Easement Over Kaumaui, Keaukaha,Waiikea, Hilo,Hawaii Lands and Fishponds Aloha mai a Shae, Hui Ho'oleimaluo,a local 501(cx3)organization,recently acquired the fee interest of approximately three(3)acres of heal property in the area of Kaumaui,Keaukaha,Waiskea,Hilo,Hawai'i,fully encompassing the following three(3)separate TMK parcels("Property"):(3)2-1-018:007;(3)2-1- 018:006;and(3)2-1-018:010.Hui Ho'oleimaluo understands that Hawaiian Islands Land Trust d/bJa Hawaii Land Trust(HILT),a Hawaii based 501(cx3)organization,is applying for funding from the County of Hauai'i Public Access,Open Space,and Natural Resources fund,among other possible public and private funding sources for the purchase of a perpetual conservation easement("CE")over Property, with HILT serving as Administrative Holder and the County of Hawaii serving as a co-holder of the proposed perpetual CE. Provided that an acceptable CE purchase price,timeline,terms,and conditions of the proposed CE can be agreeable to all parties,Hui Ho'oleimaluo would be a willing seller of a CE o%er the Property. This letter shall not create a binding agreement between the parties with respect to the Property.This letter merely expresses an intention to work towards a mutually acceptable agreement to sell a perpetua I CE over the Property to HILT and the County of Hawaii,as proposed co-holders of the CE. i Please feel free to contact me if you have any questions. Mahalo nui loa, mala thony'� Executive Director Hui Ho'oleimaluo ATTACHMENT-1 , pg. 21 of 25 KAUMAUI: Perpetual Conservation Easement ATTACHMENT E: REFERENCE MATERIALS& PHOTOS Cultural protocol with transition of ownership. S Y� 4� Loko Wai on the Waiuli end of the property at Kaumaui,fronting Kalanianaole Ave. ATTACHMENT-1 , pg. 22 of 25 KAUMAIT1: Perpetual Conservation Easement l ll Keiki and 'bpio from the community, eradicating invasive fish. t 5 ai a . �t t Cooler of eradicated invasive fish! ATTACHMENT-1 , pg. 23 of 25 KAUMAUI: Perpetual Conservation Easement Glossary of Hawaiian Words `Ahi-Hawaiian tuna fishes,especially the yellow-fin tuna(Thunnus albacares). `Aholehole- Young stage of the chole, Hawaiian flagtail. Ahupua`a- sand division usually extending from the uplands to the sea;traditional Land stewardship framework. `Anae-Full-sized 'ama'ama mullet fish. Hana no`eau- Art. 'Ike hana no'eau,art;artistic. Honokea loko-Fishpond at Waiuli (Richardson`s Beach Park). Hula-The hula,a hula dancer;to dance the hula. Kai- Sea,sea water;area near the sea, seaside, lowlands. Kia`i loko Va-Fishpond steward.. Ko`a-Shrine,often consisting of circular piles of coral or stone,built along the shore or by ponds or streams, used in ceremonies as to make fish multiply. Kuana `ike Hawaii-Hawaiian perspective. Loko- Pond. lake, pool. Loko Pa-Hawaiian fishpond;brackishwater fishpond. Loko wai-An inland freshwater fishpond which is usuall4 either a natural lake or swamp,which can contain ditches connected to a river, stream,or the sea. and which contain sluice gates. Loko pu`uone-An isolated shore fishpond usualby formed by the development of barrier beaches building a single,elongated sand ridge parallel [o the coast and containing one or more ditches and sluice gates. Loko kuapa- A fishpond of littoral water whose side or sides facing the sea consist of a stone or coral wall, usually containing one of more sluice gates. Loko`ume iki- A fishtrap. Loko i`a kalo-An inland fishpond utilizing irrigated taro plots. Kaheka and Hapunapuna-—A natural pool or holding pond. MAkahik-Sluice gate,as of a fish pond:entrance to or egress from an enclosure. Mele-Song, anthem, or chant of any kind: poem,poetry,to sing, chant. Mo`olelo-Story, tale,myth,history,tradition, literature, legend,journal, log,yarn, fable, essay, chronicle, record, article. Mo`owahine- Woman Ha\tiaiian reptilian water deity. `Olelo Hawaii- Hawaiian language. Oli-Chant that was not danced to, especially with prolonged phrases chanted in one breath. `Opae-General name for shrimp. `Opae °ula-Small, endemic reddish shrimp used for`opelu bait. 'O`opu-General name for fishes included in the families Fleotridae. Gobiidae. and Blennidae. Pinao`ula-A variety of dragonfly. Wahi paha- legendary place;celebrated place. Wai- freshwater Waikai-brackishwater Waka-The name of a Hawaiian reptilian water deity. ATTACHMENT-1 , pg. 24 of 25 KAUMAUI: Perpetual Conservation Easement Citations Anthony, K. 2018. Malama Loko Pa: Salinity and primary productivity relationships at Honokea Loko, Hale o Lono, and Waiahole/Kapalaho on Hawaii, Island, Hawaii. [M.S. Tropical Conservation Biology and Environmental Science Theses]. ProQuest Dissertations Publishing. University of Hawaii at Hilo. Anthony, K. 2016. Pa'akai overload: Potential consequences of over-mixing brackish water ecosystems in Keaukaha, Hawaii.J. Earth Sci. 2. Costa-Pierce, B.A. 2002.The Ahupua'a Aquaculture Ecosystems in Hawaii, in: Ecological Aquaculture: The Evolution of the Blue Revolution. Costa-Pierce, B.A. 1987. Aquaculture in ancient Hawaii,BioScience. Kanahelc-Nlossman, H.(2016,January 15). Meeting with Aunty Hui [Personal interview]. Keala,Grayden.2007."Loko Pa: A Manual on Hawaiian Fishpond Restoration and Management."University of Hawaii at Manoa. Maly, K.Maly O.2003. Volume I: Ka Hana Lawai`a a me na Ko`a o na Kai `Ewalu.The Nature Conservancy, Honolulu,HI. Yamamoto MN, Iwai TYJ, Tagawa AW. 2015. Hawaiian anchialine pools:windows to a hidden world.Mutual Publishing, Honolulu, HI. ATTACHMENT-1 , pg. 25 of 25 EXHIBIT A, pg. 1 of 217 Ka`Umeke Ka`eo Hawaiian Immersion Public Charter School I -\ K E A U K A H A MEMORANDUM OF AGREEMENT BETWEEN Hui Ho`oleimaluo AND Ka `Umeke Ka`eo PCS This Memorandum of Agreement (Agreement) is entered into on this day February 1, 2021 and effective as of February 3, 2021 between, Ka 'Umeke K5'eo, Hawaiian Language Immersion Public Charter School (Ka 'Umeke) at 1500 Kalanianaole Street, Hilo, Hawaii 96720 and its affiliated non-profit organization Hui Ho'oleimaluo (Ho'oleimaluo), a Hawai'i Loko I'a Educational Organization at 2306 Kalanianaole Street, Hilo, Hawai'i 96720 (collectively hereinafter referred to as The Parties). This MOA is entered into pursuant to HRS 302D (Exhibit A) and Ka 'Umeke's current contract with the Hawai'i State Charter School Commission (Exhibit B). RECITALS A. Ho'oleimaluo is a 501(c)3 non-profit organization whose mission is "To nourish Hawai`i's loko i'a (Hawaiian fishponds) through hands-on education, community advocacy, and place-based management of natural resources." B. Ho'oleimaluo has a developed mission and vision, Ho'oleimaluo is collaborating with various organizations and communities statewide to expand and diversify educational opportunities. C. Ka 'Umeke's mission is "I Ulu i ke Kuamo'o. I Mana i ka `Oiwi. I KA'eo no ka Hanauna Hou!" (Inspired by Our Past. Empowered by Our Identity. Prepared for Our Future!) D. Ho'oleimalub wishes to support Ka `Umeke Ka'eo's educational program and the achievement of its' educational vision (Exhibit C) TERMS 1. Purpose of Ho`oleimalu6`s Contributions. Ho'oleimaluo will provide a lab site to Ka `Umeke for the purpose of their `Olelo Hawaii and `Aina based Education Program. Both of The Parties will develop and maintain partnerships to implement 'aina and loko i'a based projects to enhance future prudent and sustainable use, responsible stewardship, and supportive community relationships. 2. Obligations of Ka `Umeke. Ka 'Umeke agrees to the following: a. Fee Usage. Ka 'Umeke agrees to pay a total sum of NINE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($950,000.00) due upon execution of I Ulu i ke Kuamo`o-I Mana i ka`Oiwi- I Ka`eo no ka Hanauna Hou! Inspired by Our Past-Empowered by Our Identity -Prepared for Our Future! 150o Kalanianaole Ave./ Hilo,Hawai'i 96720•Kelepona Phone 8o8.933.3482/Kelepa`i Fax 808.933.3488 EXHIBIT A, pg. 2 of 217 Ka`Umeke KWeo t Hawaiian Immersion Public Charter School - ---- ------ I N K E A U K A H A this MOA as the first pre-payment on a 50 year lease of the lab site at 2212 Kalanianaole Street, Hilo Hawaii 96720 (2212). TMK (3)2-1-018:006, TMK (3)2-1-018:007, TMK (3)2-1-018:010. b. Lease Negotiation. Ka 'Umeke agrees to engage in lease negotiations and establish lease agreement terms within 60 days of the effective date of this MOA for use of the site for no less than 100 students or the maximum amount of haumana permitted by law whichever is less. Lease amounts for the duration of the lease shall not exceed operating costs plus 15%, exclusive of any operating costs that Ka 'Umeke pays on its own and any shared costs of utilities. Operating costs to be determined by both of The Parties during lease negotiations. c. Support of the Program. Ka `Umeke will provide `olelo Hawai'i educational experiences grounded in the natural and cultural heritage and history of Keaukaha to learners enrolled in their program who utilize 2212. d. Goals and Outcomes. Ka 'Umeke will provide Ho'oleimalub with annual learning goals and outcomes for all haumana who utilize 2212. e. Annual Site Use Calendar. Ka 'Umeke will provide Ho'oleimalub with an annual site use calendar by April 30 of each year preceding the year of use. Days requested will not exceed 200 days per year and all use will be between the hours of 7a.m. and 5 p.m. For dates and times beyond the 200 days and or previously stated hours Ka 'Umeke would submit a site usage request form to be approved for use if the site is available. f. Non-exclusive Use. Ka 'Umeke agrees that Ka 'Umeke's use of the lab site does not exclude Ho'oleimalu6's use of the lab site with other groups and for other reasonable uses within the carrying capacity of the site. The non-exclusive use agreement will extend to the negotiated lease agreement. g. Reporting. Ka 'Umeke agrees to provide Ho'oleimalub end-of-year program evaluation reports, as agreed upon by the Parties. h. Surveys and Evaluation. Ka 'Umeke agrees to facilitate Ho'oleimaluo access to program participants so that "Hui Ho'oleimaluY can perform reasonable surveys and studies and utilize other evaluation tools necessary for Ho'oleimalub to evaluate the effectiveness of its activities to reach its mission and vision. i. Participant Data. Ka `Umeke agrees to provide Ho'oleimalub with data on participants who use 2212 including but not limited to total count, and grade. I Ulu i ke Kuamo`o-I Mana i ka'Oiwi- I KWeo no ka Hanauna Hou! Inspired by Our Pust -Empowered by Our Identity-Prepared for Our Future! 15oo Kalaniana'ole Ave./Hilo,Hawaii 9672o•Kelepona Phone 808.933.3482/Kelepa`i Fax 808.933.3488 EXHIBIT A, pg. 3 of 217 Ka`Umeke KWeo Hawaiian Immersion Public Charter School IN K H A U K A H A j. Ongoing Discussions. Ka `Umeke will participate in ongoing discussions with Ho'oleimaluo as necessary for co-existence and to best reach the goals of each organization's mission and vision. k. Site Maintenance and Stewardship. Ka `Umeke agrees, as part of the annual operating costs to pay a pro-rata share of maintenance and stewardship of 2212, to be charged as a Common Area Maintenance Fee (CAM). I. Safety and Liability. Ka 'Umeke agrees to be accountable for the safety and liability of all Ka 'Umeke learners and staff while on site at 2212 and will provide their own required safety officers. 3. Obligations of Ho`oleimaluo. Ho'oleimaluo agrees to the following: a. Funds. Ho'oleimaluo, upon receiving the lease payment of $950,000, will secure the property at 2212 Kalanianaole Street, Hilo Hawai'i 96720, based on the terms of the existing purchase agreement with AhChong Realty and the 'Okazaki 'ohana Trust (Exhibit D) no later than February 9, 2021 or return all funds received from Ka 'Umeke no later than February 15, 2021. b. Lease Negotiation. Ho'oleimaluo agrees to engage in lease negotiations and establish lease agreement terms within 60 days of the effective date of this MOA for use of 2212 as a lab site for Ka `Umeke for 50 years, for no less than 100 students or the maximum amount of students permitted by law. Lease costs for the duration of the lease shall not exceed operating costs plus 15%, exclusive of any operating costs that Ka 'Umeke pays on it's own and any shared costs of utilities. The annual lease payments will be negotiated every 5 years and or in line with the terms of Ka 'Umeke's Charter School contract. Any annual lease costs will be deducted from the total amount pre-paid until the pre-payment amount has been paid in full. c. Annual Site Use Calendar. Ho`oleimalu6 will allow Ka 'Umeke to provide an annual site use calendar by April 30 of each year preceding the year of use and will ensure Ka `Umeke is provided with no less than 200 days per year for use between the hours of 7a.m. and 5 p.m. Ho'oleimalu6 agrees to review additional site usage requests from Ka 'Umeke and approve reasonable requests if the site is available for use. Ho'oleimalub reserves the right to charge a fee for additional use if a fee is deemed necessary. d. Conservation Easement. Ho`oleimaluo will engage with Hawaiian Island Land Trust to secure a conservation easement on the property to protect 2212 in I Ulu i ke Kuamo`o-I Mana i ka`Oiwi- I KWeo no ka Hanauna Hou! Inspired by Our Pust-Empowered by Our Iderd it y -Prepured for Our Future! 150o Kalaniana'ole Ave./Hilo,Hawaii 96720•Kelepona Phone 808.933.3482/Kelepa`i Fax 808.933.3488 EXHIBIT A, pg. 4 of 217 KaG G Umeke Ka eo � wz '' fi'r Hawaiian Immersion Public Charter School 'I Y ylu, I V K E d ti K A H A perpetuity from over development and preserve it as an educational site for Ka 'Umeke and the larger community. In the event that Ho'oleimalu5 is able to secure funds from the conservation easement sale Ka 'Umeke will be returned the total prepaid lease amount minus any fees and negotiated annual payments that have already passed. e. County Rules and Regulations. Ho'oleimaluo will work with the county of Hawai'i and other governmental agencies to ensure all county use permits and applications are completed to allow Ka 'Umeke students to use the site regularly or as determined by the lease agreement. f. Site Maintenance and Stewardship. Ho'oleimaluo will facilitate the maintenance and use of 2212 and its facilities as a living learning center for loko i'a and Keaukaha based learning. g. Infrastructure. Ho'oleimaluo agrees to work with Ka 'Umeke and Ka 'Umeke's selected partners to put infrastructure to support no less than 100 students daily, partners may include: the Office of Hawaiian Affairs, Kamehameha Schools, County of Hawai'i, and the State of Hawai'i h. Return of Contributions. Ho'oleimalu5 agrees to return all pre-payment of lease funds to Ka 'Umeke if 2212 cannot be used as described in the terms of this MOA and the to lease. 4. Accounting Records. Both parties agree to maintain accurate and proper records as required to ensure both organizations remain in compliance with all local, state, and federal rules and regulations required for carrying out the respective work of each organization and to share such records as needed with the boards of each party. 5. Insurance. Ka 'Umeke is self-insured under the State of Hawai'i. Ka 'Umeke K5'eo PCS shall furnish a certificate of insurance and additional insured endorsements as evidence of all applicable insurance requirements. Ho'oleimaluo will secure general liability insurance for the site in an amount determined by their board. 6. Term of Agreement. The term of this Agreement shall begin on the Effective Date of February 3, 2021 and shall end on December 31, 2071, unless sooner terminated by both of The Parties. Standard Terms shall survive the termination date. This Agreement may be only amended by written agreement prior to the termination date. (Exhibit E) I Ulu i ke Kuamo`o-I Mana i ka`Oiwi- I Ka`eo no ka Hanauna Hou! Inspired by Our Past-Empowered by Our Identity-Prepared for Our Future! 15oo Kalaniana`ole Ave_/Hilo,Hawaii 96720•Kelepona Phone 808 933-3482 /Kelepa`i Fax 808.933.3488 EXHIBIT A, pg. 5 of 217 Ka`Umeke KWeo Hawaiian Immersion Public Charter School ----- ------ ------ ---------- I N K E A D K A H A 7. Standard Terms. In the event of a conflict between the terms contained herein number 8 of the attached Standard Terms shall prevail (Exhibit E). IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective the day and year signed. Ka `Umeke Ka`eo PCS By P ai ]ma Naipo, Board Chair Date G � z 2l3/�vz 1 Michelle Nohea Nahale-a, Po'okumu Date Hui Ho`oleimaluo By ��4 ;Z) -S) Bake McNaughton, Board Chair Date 4146k� 2/ b /Z0-2� Kamala Anthony, Executive Director Date I Ulu i ke Kuamo`o -I Mana i ka`Oiwi- I Ka`eo no ka Hanauna Hou! Inspired by Our Past-Empowered by Our Identity-Prepared for Our Future! 150o Kalaniana`ole Ave./Hilo,Hawaii 96720•Kelepona Phone 808.933.3482/Kelepa`i Fax 808.933.3488 October 25, 2021 Attention: Kamala Anthony 2306 Kalaniana`ole Avenue Hilo, Hawaii 96720 hooleimaluo(ia)-gmail.com KAUMAUI LEARNING LABORATORY PROPOSAL FOR DESIGN SERVICES SUBMITTED TO: HUI HO`OLEIMALUO https:Hwww.huihooleimaluo.com/ SUBMITTED BY: HAWAII NON-LINEAR Architecture for`Aina Organizations O ke kahua mamua, mahope ke kukulu Site first, then the building. Learn all you can, then practice. 'Olelo No'eau. #245 4itr`vi of h awI.i n o n l i n a� ATTACHMENT-3, pg. 1 of 16 KALIMAUI LEARNING LABORATORY PROPOSAL PROTOCOL Upon the invitation of HUI HO`OLEIMALUO— A registered Hawaii 501(c)3 nonprofit `aina organization transforming community ownership and governance of land through wahi pana ecosystems— HAWAI'I NON-LINEAR (HNL)— A Hawaii / New York based organization providing architecture for`aina organizations, to promote architecture that advocates for (1) land reparations, (2) climate justice, (3) food sovereignty, (4) material innovation, and (5) Hawaiian cultural excellence— Submits the following PROPOSAL FOR DESIGN SERVICES to Hui Ho`oleimaluo in support of Hui Ho`oleimaluo to fulfill their kuleana with KA`UMEKE KA`EO— A Hawaiian language medium charter school To revitalize KAUMAUI— A Ioko wai (fishpond) located in Keaukaha, Waiakea, Hilo, Hawai`i— As KAUMAUI LEARNING LABORATORY— A regenerative, ecological, biocultural place of learning. SUMMARY Hawaii Non-Linear (HNL) will work closely with the Kaumaui Project `Ohana (Hui Ho`oleimaluo, Ka `Umeke K5'eo, and Kia`i) to provide integrated and participatory master site planning and building design services. Working efficiently and collaboratively, HNL will seek to understand and clarify the organization's needs, site conditions, budget and approvals to create the best possible project representing a holistic and symbiotic relationship between land, people, and buildings suitable for educational and cultural functions. The proposed Scope of Work outlines three phases: Scope A, Scope B, Scope C. In the first phase Scope A: Pre-Design and Concept Design, HNL will develop a conceptual site plan and project narrative based on site analysis to support the subsequent phases of approvals, fundraising, design Coordination, and construction for the Kaumaui Learning Laboratory. Upon completion of Scope A, HNL will commence Scope B: Design Coordination elaborating on the conceptual site plan through sub-phases: Schematic Design, Design Development, Permitting, and Construction Documents. The last phase, Scope C: Construction Administration encompasses coordination with the general contractor to oversee the construction process and maintain the design intent. HAWAII NON-LINEAR 2/7 ATTACHMENT-3, pg. 2 of 16 KALIMAUI LEARNING LABORATORY PROPOSAL 1. PROJECT BACKGROUND In February 2021, guided by a vision for thriving communities through thriving ecosystems, Hui Ho`oleimaluo ("HH") acquired three contiguous properties encompassing a historic Ioko wai (Hawaiian anchialine pond), located in Keaukaha, of the ahupua`a Waiakea, in Hilo, Hawaii. Following the acquisition of Kaumaui, HH as the landowner entered into a memorandum of agreement with a future tenant—Hawaiian language medium charter school Ka `Umeke K5'eo ("KUK")—for a 50-year lease with the commitment for HH to develop the site as the Kaumaui Learning Laboratory ("Project"). 2. PROJECT ASSUMPTIONS Organization Hui Ho`oleimaluo ("Organization") is a non-profit organization whose mission is to nourish Hawai`i's Ioko Va (Hawaiian fishponds) through hands-on education, community advocacy, and place-based management of natural resources. Site The combined property consists of TMK 3-2-1-18-6 (40,146 sf), TMK 3-2-1-18-7 (57,516 sf), and TMK 321-18-10 (33,980 sf), totalling 131,642 sf, inclusive of both land area and the on-site ponds (Ioko wai), with the total surface water area to be verified during site analysis. HH subsequently rededicated the property as KAUMAUI ("Site") according to the traditional place name of the area. �0... KF q. ' � rWCRR R 39'IF NTYfY3H 6i[4 .r,.rn<xxxr..atxMxawnrmwe uuu xvesv.ea a , cPv lUf S Wr 15-A 5a FT. 4014 X Fr. mrcae¢xam- . c "'r, rar: � a�aieaixv a»+.w+w.ya�e�a _ >xrrvsme-s nE-ae uM1.oro {� mmammwa¢. wovrsm rx. A qi � end. �'.' - AP'4xrm'm•6uG�sGY+FNP'1¢- me w� Fela��. � �.� FI,K 2NA4£pT wrc¢ mrro-e,� - _i svrctirmane. rno br:aa�mmow r� � vamv.wrarix•.,mwan.c+.uas¢aw wpm �e aRraKunr.awwr r �tTHfa0.5WgUfhUWN.HNY�I -9Y PN&IL WRFAY f ! Sti`>°�Y�7fSm B1YYKarW U¢Y 6q kiuW 222FAMWAE51- fnUEY0YN0; h17FtSHr r�9011ltII RENOv✓N3w. 1Ntl�.r,Rlvbml HAWAII NON-LINEAR 3/7 ATTACHMENT-3, pg. 3 of 16 KALIMAUI LEARNING LABORATORY PROPOSAL The site is understood to be an anchialine pond. According to resources gathered by Hui Ho`oleimaluo: inland pools that have no surface connection to the ocean but their water levels rise and drop with the tide as if they contain underground connections to the sea (Yamamoto et. al 2015). Anchialine pools in Hawaii are special aquatic ecosystems that provide pathways to the "hidden world" and are a brackish water oasis for some of Hawai`i's rarest species such as the `opae `ula and pinao `ula (Yamamoto et. al 2015). Zoning and Land-Use The site is zoned as single-family residential (Hawai`i County) and is located within the State of Hawaii Special Management Areas (SMA). At the time of this proposal, HH is currently in the review and selection process for a potential Public Access, Open Space and Natural Resources Preservation Commission (PONC) perpetual conservation easement, to be secured with funding through the Hawaii Land Trust to support the purchase of the conservation easement. Program The Project will consist of quality permitted building facilities and related site improvements necessary to support and advance mission-based programming related to: education (STEM), food production, ecosystem restoration, and fishpond maintenance. Project priorities include striving for cultural excellence, adapting for climate change, and ensuring public health and safety. As of the time of this proposal, the Kaumaui Project `Ohana has identified the following design priorities: • Papaku Makawalu • Elements of Hawaiian architecture • Indoor/Outdoor seamless transition • Exhibit spaces that accommodate performers and spectators • Storage for fishing supplies such as propane stoves, large pots, pakini, etc • Places to dry and store raw material after harvest such as coconut stumps for drums, lauhala leaves for weaving, cordate resources • Multi-purpose rooms that can be easily transformed • Classroom vs dancing space. • Wet vs dry spaces • Easy to maintain (including daily cleaning) • Places for zoom and real-time huaka`i • Modern and ancient technologies HAWAII NON-LINEAR 4/7 ATTACHMENT-3, pg. 4 of 16 KALIMALII LEARNING LABORATORY PROPOSAL Users Target users groups include, haumana and their families (Hawaiian and local students of Hawaii, grades 3-12), kumu (teachers), kia`i (fishpond caretakers), and community and guest learners of all ages. Estimated Schedule 1.5 years, based on a timeline provided by HH to complete building construction by 2023. Estimated Budget for Construction Valuation $500,000 - $1,500,000. To keep the project with a SMA minor permit, the construction valuation must remain under$500,000.00 per application. 3. SCOPE OF WORK The proposed Scope of Work outlines three phases: Scope A, Scope B, Scope C. In the first phase Scope A: Pre-Design and Concept Design, HNL will develop a conceptual site plan and project narrative based on site analysis to support the subsequent phases of approvals, fundraising, design Coordination, and construction for the Kaumaui Learning Laboratory. Upon completion of Scope A, HNL will commence Scope B: Design Coordination elaborating on the conceptual site plan through sub-phases: Schematic Design, Design Development, Permitting, and Construction Documents. The last phase, Scope C: Construction Administration encompasses coordination with the general contractor to oversee the construction process, maintain the design intent, and ensure safety and quality. As Scope A/B/C are phased according to building industry standards and contracts, an acknowledgement of process methodology has been included to accommodate necessary and appropriate cultural and collaborative advancements that will extend the project beyond the typical conventions of the westernized process of building, from planning to design to construction. For instance, finding ways to embed student, practitioner, and kia`i intellect and participation within the process. Exclusions Review times are excluded from the estimated durations of each scope. Also excluded from the scope of work include the following third-party consultant services and fees: expediter services, inspections, Building Permit fees, lighting designer, MEPFP engineer services (mechanical, electrical, plumbing, and fire), structural engineer services, acoustic consultant, IT consultant, AN consultant, security consultant, land-use consultant, kitchen consultant, lawyer, and other HAWAII NON-LINEAR 5/7 ATTACHMENT-3, pg. 5 of 16 KAUMAUI LEARNING LABORATORY PROPOSAL additional special consultants. If requested by the Organization, HNL can assist with coordinating third-party consultant services as needed or recommended, scope and details to be determined as an addition to the following proposed scope of work. The proposed Scope of Work SCOPE A will be useful in fundraising. If requested by the Organization, HNL can participate in representing the project design during the fundraising process, to be determined as an addition to the following proposed scope of work. SCOPE A: PRE-DESIGN AND CONCEPT DESIGN Estimated Duration: 6 months Meetings: Bi-weekly (Virtual) Site Visits: 3 TBD Description (Scope A): Scope A is about establishing a strong foundation for the project collaboration. This phase is about getting to know the project site, which connects the ground with the mind of the organization. During this phase, HNL facilitates a safe space for the Kaumaui Project `Ohana to identify and visualize the relationships necessary for healthy and successful project outcomes. This is a time for the project team to have fun, further articulate and unify their vision, and honor the group's hard work thus far. The site analysis, program analysis and mapping process synthesizes the organization's needs with a final building design that is integrated with a conceptual site plan. In this phase, HNL will guide the Kaumaui Project `Ohana to clarify how the project needs to accommodate the various day-in-the-life scenarios and visualize what the project will look like, and how much it might cost. Phased Process (Scope A): The process of Scope A will be tailored to best suit organizational and project needs, according to the following phases in alignment with planning and building industry standards: Al. Strategic Planning What is the critical path for moving the project through planning approvals (Zoning, SMA, EA, etc.), fundraising, community engagement? HNL shall act as thought-partners to assist in navigating long-term and big-picture organizational processes to develop a project narrative that speaks to key HAWAII NON-LINEAR 6/7 ATTACHMENT-3, pg. 6 of 16 KALIMAUI LEARNING LABORATORY PROPOSAL stakeholder groups. This phase will help to determine a logical cost effective approach for design, site work, and construction that meets legal requirements while still achieving a progressive cultural outcome. A2. Zoning and Land-Use Analysis What can and cannot be legally built on the site? HNL shall review information furnished by the Kaumaui Project `Ohana, and shall review laws, codes, and regulations (applicable to HNL's services). HNL will work with Kaumaui Project `Ohana to coordinate subject matter experts and additional lawyers/consultants as needed to complete analysis. A.3 Programming Analysis What types of spaces does the Kaumaui Project `Ohana need to fulfill their work? HNL shall review the space requirements provided by the Organization and advise on size requirements (how big does each space need to be), program adjacencies (what can or cannot be located next to each other), siting location, and other important relationships and alignments that will define the basis for site and building design. HNL will also offer input on necessary equipment, furnishings and materials for the different spaces and uses. This program analysis will inform elements for design and cost estimate. A.4 Site and Climate AnalysisWhat are the existing site conditions and climate factors that will be integrated into the site planning and building design?Articulate existing org expertise using public data. Use data to Confirm Organization as the expert and most informed stakeholder in their community. HNL shall assemble a GIS survey of the site accompanied with a digital 3D model as needed, including available environmental, historical, and cultural information as readily available. These graphic data sets will inform the location of activities, programming and buildings on the site and in relation to the cosmos. If requested, HNL will coordinate a site survey with a surveyor to identify topographic features, lot lines, easements and other site constraints.ADD Lidar A.5 Conceptual Site Plan What will be the concept, form, and tone of the project in physical form? HNL shall develop a conceptual site plan that integrates the existing conditions and the desired relationships between activities and programs. Two and three dimensional visualizations of the project will help HAWAII NON-LINEAR 7/7 ATTACHMENT-3, pg. 7 of 16 KAUMAUI LEARNING LABORATORY PROPOSAL communicate the look and experience of the Kaumaui Learning Laboratory. These visuals will support community engagement fundraising efforts. A.6 Preliminary Cost Estimate How much will the project cost? HNL shall coordinate with a general contractor to provide a preliminary construction budget based on the Conceptual Site Plan. Process Methodology (Scope A): HNL will work with the organization to create a meaningful participatory process that includes Kaumaui (plus kia`i) stakeholder engagement, and as appropriate, student design workshops. Scope A Deliverable: The final deliverable for Scope A will be presented as an 11x17 PDF (Digital). SCOPE B: DESIGN COORDINATION Estimated Duration: 6 months (excluding SMA/EA review time) Meetings: Bi-weekly (virtual) Description (Scope B): HNL shall further develop the site plan and building design, preparing the drawings necessary for permitting, bidding and construction. The development of the design is broken down into 4 drawing packages: Phased Process (Scope B): Scope B: Design will follow contractual industry standards to ensure quality design. B.1 Schematic Design (SD Drawing Set) [4.5 weeks] This phase will give form to the concept and tone of the project developed in the Scope A. Iterations of building volumes, floor plans and facade design will be explored in drawings and will be demonstrated in multiple project scales. B.2 Design Development (DD Drawing Set) [9 weeks] This phase will develop materials, proportions, fixture selections, and necessary trade and consultant work; the project's collective components HAWAII NON-LINEAR 8/7 ATTACHMENT-3, pg. 8 of 16 KALIMAUI LEARNING LABORATORY PROPOSAL shall be developed and prepared for construction documentation. HNL will meet with the Organization to review the design intent and to coordinate with various trades to establish a cost of construction estimate. B.3 Construction Documents (CD Drawing Set) [9 weeks] HNL will provide drawings and documents necessary to set forth in detail the requirements for the construction of the project. The construction documents comprise an integral part of the Organization / Contractor agreement and provide the grounds for the contract for construction. B.4 Permit Set (PS) [time varies per county and reviewer] HNL will coordinate with an expediter to secure the necessary permits, inspections, and approvals if needed. B.5 Bidding / Filing [4.5 Weeks] HNL will assist the Organization in identifying contractors and/or fabricators, obtaining either competitive bids or negotiated proposals for the construction of the project as required and depending on the nature of the preferred delivery method. Process Methodology (Scope B): HNL will work with the organization to appropriately incorporate into the design the knowledge of cultural practitioners, hale builders, community experts, students, and teachers, necessary to inform and guide the design process where it varies from Western architectural conventions. Deliverables (Scope B): SD, DD, CD, PS Drawing Sets in PDF format (Digital and Hardcopy). SCOPE C: CONSTRUCTION ADMINISTRATION (TBD) Estimated Duration: To be confirmed by Contractor based on CD Drawing Set Meetings: TBD Description (Scope C): HNL will work with the Organization to help oversee the construction phase of the project, and to administer the Contract between the Organization and General Contractor. During this period, HNL will visit the site at appropriate intervals, to determine if the work is being performed in a manner consistent with the Construction Document Set (SCOPE B). HAWAII NON-LINEAR 9/7 ATTACHMENT-3, pg. 9 of 16 KALIMAUI LEARNING LABORATORY PROPOSAL Process Methodology (Scope C): HNL will work with the organization to incorporate Indigenous material and construction techniques as appropriate. Deliverables (Scope C): Site visits and field reports as needed 4. FEE STRUCTURE The following fees reflect realistic cost expectations necessary to complete the Scope of Work for design services, with exclusions. The fee for SCOPE A is determined independently of the construction valuation, whereas the work for SCOPE B and SCOPE C will correspond to the construction valuations. HNL will work closely with the Organization to arrive at the most reasonable fee structure, and will consider in-kind support through HNL philanthropy to the extent possible. Phase Duration Fee (excluding tax*) Scope A— Pre-Design and Concept Design 6 mo. $150,000 Scope B — Design Coordination (TBD) 6 mo. $120,000-$180,000 Scope C— Construction Administration (TBD) TBD TBD** *Hawai`i State General Excise Tax of 4.712% **Fee for Scope B and Scope C to be based on scope of work defined in Scope A and to be evaluated and agreed upon with Organization before commencement of Phase 2. 2021 Standard Hourly Rates Directors $250 Project Manager $175 Designer $135 Administrator $80 HAWAII NON-LINEAR 10/7 ATTACHMENT-3, pg. 10 of 16 KAUMAUI LEARNING LABORATORY PROPOSAL 5. HNL CONTACTS: Hawaii Non-Linear www.hawaiinonlinear.org Dominic Leong Co-Director, HNL Architect, Leong Leong 123 Bowery, Second Floor New York, NY 10002 dominic(a)leong-leong.com www.leong-leong.com +1 (212) 920-7221 Sean Connelly Co-Director, HNL Artist,After Oceanic 3006 Pualei Circle 206 Honolulu, HI 96815 seance-ao-proiects.com www.ao-projects.com +1 (808) 255-5453 HNLBOARD Chris Leong, Leong Leong Alex Connelly, KUA HAWAII NON-LINEAR 11/7 ATTACHMENT-3, pg. 11 of 16 KAUMAUI LEARNING LABORATORY PROPOSAL WORK SAMPLES (For Reference) --- ---- - _.... ...... ------- .............. ................................ ANN LTEMPERATVRE PRIME WMLANQ PAJKFALLR.MYDRDL WINQSPEED �TC-1G'C �AAA®EE &TREATS � 1S Mj8 1®10'C•18'C SD v[ ---INIEAM TTEMC 15'C-1!'e: 35 31 M.. im 11'C-a0'C ®i3Nw <t M/S L9'C-arc �61-561N �R1'C21'C �56T0IN Ahupua'a Site Analysis and Environmental Diagrams for huiMAU,Courtesy After Oceanic ------------- Kawailoa 'UKO'A-LOKOEA s� �snw zo-al•la•aA.�E FISHPOND COMPLEX KO'OLAUPOKO Laniluahine Nauahi Anohufu Pahiufa - �� a Ko,m-a ' KO'OLAULOA s '_ �`T;Lp �KONA ""` Numw TO 3 W � � 'EWA saWAIALUA ^:... lIy e1 WAPANE • N '0 OAHU Fishpond Map of O'ahu for Malama Loko Ea Foundation,Courtesy After Oceanic HAWAII NON—LINEAR 12/7 ATTACHMENT-3, pg. 12 of 16 KAUMAUI LEARNING LABORATORY PROPOSAL H<.,NI;rARi KUKANILUFO LOKOFA WAnERSHSO e,s* LOKOFASTRFAM r�airn 'UKO -1"I FISH UNDI Oahu Bird Eye Educational Map of Waialua for Malama Loko Ea Foundation,Courtesy After Oceanic(above) Building Design Proposal for Loko Ea Learning Center,Courtesy After Oceanic(below) `k , o r_moi' HAWAII NON—LINEAR 13/7 ATTACHMENT-3, pg. 13 of 16 KAUMAUI LEARNING LABORATORY PROPOSAL "'49 PO W# W"*0 Ut pT W PEA 0241-11 --4t-Y Tr 92. Building Design for Asheville Commons North Carolina,Courtesy Leong Leong(above/below) c- _Soo Y—FEMA Fk*d ehmffn HAWAII NON-LINEAR 14/7 ATTACHMENT-3, pg. 14 of 16 KAUMAUI LEARNING LABORATORY PROPOSAL M\'\ti �a13 A �A1� 4 ' ili� ti a ti 1n � I UI F 1. L Completed built work featuring architectural expression of City View Garage,Miami,Florida.Courtesy Leong Leong(above) HAWAII NON—LINEAR 15/7 ATTACHMENT-3, pg. 15 of 16 KAUMAUI LEARNING LABORATORY PROPOSAL V I 1 Interactive mobile design studio for stakeholder engagement.Courtesy After Oceanic. HAWAII NON—LINEAR 16/7 ATTACHMENT-3, pg. 16 of 16 1 A: . \ ' vq w�' ..rid- ;;•�.. r w,lµpy Y J¢ . � - ,� , ,!' -;, f fir', ���%':/�,'��✓° � ' Y .--•,-tea i ' �-' —ir � 1 ��'= I •.'4 .,"• �, �" , 1. ..b v � { �.i`eRr� �i �_;� ar,�rr�. � ,��+�,°,a!yt�� {��� � P� a3 Y � ��� �^ •r+ .W ' m' ., .. .... ,.. ATTACHMENT-4, • • 2 of . '- y.,,�'• r �, �� � tom' �-T w ; a - , v �. �.. ..>. -• � +IMS► r ATTACHMENT-4,