HomeMy WebLinkAboutCOM 0704.009 1998-2000 SidneyFuke, Planning Consultant ,
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 •Ptanning•Variance•Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivisbn • Land Use Permits
• Environmental Reports
April 18, 2000 ' ~ , ,
i7 ~
~i
Honorable Bobby Jean Leithead-Todd, Chair r ~ .
i
Committee on Plam~ing
HAWAll COUNTY COUNCIL
25 Aupuni Street
Hilo, HI 96720
Dear Honorable Leithead-Todd:
Subject: Timeshare Resolution -Aina Le'a (Formerly Bridge Puako, LLC)
For your and your committee's information, we would like to provide you with a copy
ofthe following:
a. A list of meetings with the various communities in the general area;
b. A December 11, 1991 agreement between the Puako Community Association
and Nansay Hawaii, Inc. (which is also binding to the successors and assigns);
c. A Memorandum of Understanding between Mauna Kea Properties, Inc.,
Mauna Lani Resort, Inc., Waikoloa Land Company, and Nansay Hawaii,
dated February 9, 1993; and
d. An unexecuted agreement between the Waikoloa Village Association and
Aina Le a. Please note that this agreement, which was prepazed by Aina I,e a,
has been signed by the Association and is now in the process of being
executed by Aina Le'a.
We trust that you find this information of value as you deliberate on the subject
matter. Should you have any questions, please feel fret to contact me.
cerely~~
SIDNEY M. FU~
Planning Consultant
Enclosures
cc Mr. Sandy Marr, Bridge Capital, LLC
Comm. No. 7oµ .009
File No. ZNG1
Ref. To: p ~ PG
APR 1 8 2000
Ref. Date
MEETINGS OPEN TO THE PUBLIC ON THE AINA LEA PROTECT
Maetiug_I2~cripiifln Where 12ate
1. Waikoloa Luncheon (10 people)
Officers and concerned residents Waikoloa 1-28-00
2. Mauna Lani Luncheon
Officers of Presidential Associations Mauna Lani 1-31-00
(7 people)
3. Planning Commission Hearing Mauna Lani 2-4-DO
(approx 100 people)
4. Puako Community (approx 20 people)
Annual Meeting Puako 2-05-DO
5. Puako Comm. Assoc. (appr. 25 people)
Special meeting on Aina Lea Puako 2-7-00
6. Mauna Lani - Open to public Mauna Lani 2-1a-00
Officers of Resort, Association officers,
concerned residents (approx. 6D people)
7. Mauna Lani -Resort meeting
Officers of Resort and consultants Mauna Lani 2-1t3-00
{8 people) Admin. offices
8. Protect Puako Meeting
Announced as a public meeting. Puako 2-22-00
McCain arived but was told it was
a "private" meeting. (appr. 15 people)
9. Waikoloa Luncheon (10 people)
Officers, concerned residents, School Waikoloa 2-27-DO
officials
10. Waikoloa Village Assoc. (appr. 100 people) Waikoloa 2-26-DO
Special Meeting at School
11. Planning Commission Hearing Kona Surf Hotel 3-3-DO
All day hearing. Only 5 or 6 people
from Puako. One representative from
Mauna Lani residents. Mauna Lani
Resort representatives. (appr. 2D people
attended for Aina Lea hearing) No one
from Waikoloa attended.
12. Puako Community (5 people) Puako 4-11-00
Meeting with Board and other
interested persons
i~
r
' MUTUAL AGREEMENT
'This Mutual Agreement is made December 11, 1991, by and
betw®an the PUAKO COMMUNITY ASSOCIATION, an incorporated Hawaii
community Association, by and through ita President, Richar8
Schulze, and Vice-President and Clean Water Chairman, Mike
- Stevenson, and NANSAY HAWAII, INC., a Hawaii corporation, through
` its Chief Operations Officer, Tom Yamamoto.
GENERAL RECITALS
1. The Puako Community Association is an association
of homeowners and occupants in the areas o! Wailea Bay and Puako
Beach in South Kohala, Island and State of Hawaii. In the
discussions and negotiations relative to this Mutual Agreement,
the Puako Community Association has beon represented by its
President, Richard Schulze, and by its vice-President and Clean
Water Chairman, Mika Stevenson.
2. Nansay Hawaii, Inc., is a Hawaii corporation which
owns, and intends to develop, an area currently referred to as the
"Puako Residential Golf Community" located in South Kohala, Island
and State o£ Hawaii. Attached hereto as Exhibit 1 and
F incorporated herein is an area map of the Puako/South Kohala
region. In the discussions and negotiations relative to this
Mutual Agreement, Nansay Hawaii has been represented by Chia£
Operations Officer Tom Yamamoto, by Vice-President Greg Mooers,
and by Project Manager Christine Harada.
i
r
3. Puako and Wailes are relatively small coastal
residential areas. The members of the Puako Community Association
are vitally concerned with the beauty and quality of the nearshore
f marina environments fronting their community. The Puako Community
Association is cancernad as to the potential impacts which Nansay
~ Hawaii Inc.'s develo meet of
p golf courses in the areas mauka of
the coast could have on the nearshore marina environment. Members
of the Puako Community Association have expressed these concarno
to represantativea o! Nansay Hawaii in meetings between the Puako
Community Association and Nansay Hawaii and by 1~. Schulze
presenting testimony to the Hawaii county Planning commission in a
hearing held October 9, 1991, with respect to Naneay's application
for a Use Permit.
4. In the hearing of October 9, 1991, lSr. 8chulae
L=
t requested, on behalf of the Pua]co Commmnity Association, that a
t contested case hearing be held with respect to Nansay's
application for a use permit.
' 5. Tha Pua]co Community Association has expressed a
concern with rsspact to the name of Nansay Hawaii's project. The
Puako Community Association abjacta to the use of the name "PUako"
in the "PUako Residential Golt Community" because it believes that
the project is not located in Puako and that the PuaJto Hama should
therefore not be used in the project.
6. Nansay Hawaii, Inc. is also concerned about the
` beauty and quality of the naarshore marina environment as well as
f
2
Y
r
1_ Other natural environments in and around the proposed residential
and golf ,project. Nansay Hawaii is mindful o! the importance at
the nearshore marine environment to residents of Puako as well as
to other residents of the State of Hawaii and visitors.
7. Nansay Hawaii has, in the planning and permitting
processes, made commitments to plan, design, and develop the Puako
residential and golf community in a manner consistent with good
environmental praeticas. Through discussions between Nansay
Hawaii and the Puako Community Association and in other similar
discussions with other organizations in the Island of Hawaii,
Nansay Hawaii has come to understand the value which the Puako
r
Community Association and others place upon the quality oP life in
West Hawaii and has become dedicated to the enhancement of the
I
quality of litre of the West Hawaii communities which balance the
historical significance, social stability, cultures of the
communities, and environmental quality with economic progress.
e. The Puako Community Association and Nansay Hawaii
believe they have an open and honest dialog relative to the issues
included in this Mutual Agreement. Through this dialog, it is
~ understood that the Puako Community Associations primary concerns
~ relate to the quality oP life and the quality of the environment
in the Puako/South ICohala areas. The Puako Community Association
understands that Nansay is committed to protecting the quality of
f life and the quality of the environment in Puako and Wast Hawaii.
Nansay Hawaii and Puako Community Association agree to continua an
3
1.-
....Y. ~ vvi"Jd 1~IYn ~
honest and open dialog on an ongoing basis, including the sharing
o! specific information and data.
9. Nansay Hawaii and the Puako Community Association
will continue in their efforts to work together to preserve the
i quality oP life and the quality of the physical environment oP
Puako and Waat Hawaii, to mitigate any adverse change, and to
encourage positive changes which would benefit the quality of
life, the socioeconomic, political, spiritual, and cultural needs
of the affected communities and to encourage positive change.
W I T N E S 3 E T H
NOW, THEREFORE, in consideration of the mutual promises
r
and agreements, we agree as follows:
I. MAINTENANCE AND OPERATION OF GOLF COURSES
1.1 Puake Community Association Conce nYS;
( The Pueko Community Association is cognizant that Nansay
[ Hawaii has prepared an integrated golf course management plan.
The Puako Community Association is concerned that steps must be
~ taken to ensure appropriate execution oP the integrated golf
course management plan on a day-to-day basis. The Puako Community
t Association wants to ensure that Nansay Hawaii live up to its
i
commitment to ensure that operation and maintenance of the golf
4 courses will be in a manner consistent with appropriate
environmental practices, the integrated golf courses management
plan, and water quality monitoring and management programs.
1
4
f '
r
i
1.2 Nansay Hawaii Promis$s:
Nansay Hawaii, Inc. is mindful of the importance of the
integrated golf course management plan and in ensuring compliance
with the water quality management and monitoring program and in
using good environmental practices on a day-to-day basis during
the operation of the resort. Nansay Hawaii, Inc. will create a
~ maintenance and operations company which will have full
responsibility for overseeing all the environmental monitoring
programs, pesticide management programs, and the integrated golf
course management plan for the Puako resldential and golf
Community.
r
This section shall supplement any requirement for
ongoing maintenance, monitoring, and management which is contained
in laws, rules, regulations, or permit requirements relative to
the Puako residential golf community.
II. ENVIRONMENTAL MONITORING PROGRAMS
2.1 Puako Community Association ConcpYns:
~ The Puako Community Association is concerned that a
~ s ecific detailed environmental monitorin
p g program be developed
and carried out with respect to the proposed Puako residential
golf community. The Puako Community Association is concerned that
an adequate means of an ongoing monitoring and evaluation of golf
course operations is essential to ensure environmental quality
control. The Puako Community Association is cognizant that the
specific details of an environmental monitoring program may be
5
r -
subject to the requirements of the State of Hawaii, Department of
Health, the Environmental Protection Agency, and/or the County of
Hawaii. The Puako Community Association understands that the
monitoring requirements may change from time to time as part o!
the process oP review by the regulatory agencies overseeing the
' project.
The Puako Community Association desires that Nansay
specify, to the best of Nansay's knowledge at this time, the
specific environmental monitoring program or programs which will
be carried out an the site. The Puako Community Association also
desires that it be provided with interim reports and annual
reports with respect to the monitoring program as required by the
regulatory agencies, including the amounts of fertilizer used as
well as other products.
L-
2.2 ~nsa~? ,~waii Prog ses:
Nansay Hawaii recognizes the importance o! an ongoing
anviranmental monitoring program, not only for the protection o_*
` the environment but for appropriate and cost-effective management
of their residential and golf community. Nansay Hawaii agrees to
develop n baseline study which will accurately and scientifically
establish currant levels of all Department of Health water quality
f conditions in thn subsurface waters. Nansay Hawaii further agrees
t, to develop a scientifically eff®ctiva groundwater monitoring
protocol providing ongoing measurements o! the same factors
6
~f'
i.
r
measured in the baseline study to the end that changes from the
baseline may be accurately determined.
Nansay Hawaii also agrees to develop, implement, and
maintain a chemical-use program which is environmentally safe and
( free of slgniticant human health risk. In all these studies,
l programs and protocols, Nansay Hawail agrees to utilize "state of
the art" technology which provides the least toxic approach
reasonably available. Attached hereto as Exhibit 2 and
L incorporated herein by reference it a preliminary list of Probable
Biocides for the Puako project.
All of these studies, programs and protocols shall be
r provided to the Puako Community Association as soon as they era in
their final proposed status, and before issuance of any grubbing
L_ or grading permits for golf course construction, and all shall, in
their final operating fors, be incorporated by reference harain.
Nansay Hawaii promisor to tho Puako Community Association that it
will implement these studies, programs and protocols fully and
Surther promises full future compliance with such programs and
l~ protocols.
t Currently Nansay Hawaii has developed a proposed
i. groundwater monitoring protocol for the site which will be
implemented subject only to changes required by government
agencies. This protocol is as follows:
I'~
k
g Ground Water Mom o 'ng_Protocol
fs C,~ig ~+Lako Residential
GO12 Cot13'3C COidmunitiV
The purpose of this protocol is to determine
whether turf chemicals applied to these golf courses
will leach to ground water in detectable concentrations.
Following are the two specific study objectives.
F datersaine whether toxicologically significant
i concentrations could migrate offshore and impact
the coral
determine whether there would be changes in
specific water quality parameters, e.g. salinity,
that could impact downgradiant users of irrigation
water.
Thin comprehensive subsurface monitoring network
would have three types of sampling points wells,
suction lysimeters, and gravity lysimeters. A system of
five to six monitoring wells would be constructed
r downgradient of the site near Queen Kaahumanu Highway.
They would have 2" or a" diameter PvC risers and casing.
The sampling points would be at the top of the water
table and would consist either of open hole or Teflon"'
or equivalent well screens. One background well would
ba installed on the mauka side of the site, and may
consist of one of the planned irrigation walls.
Lysimeters are devices for sampling soil pore water
that is leaching to ground water. A network oP six to
tan suction lysimeters would be installed at the edges
of greens and fairways. In addition, the planned green
drainage system would be samplsd at peak irrigation
times. These sampling results will give us an early
warning of what chemicals might be leaching to ground
water.
The protocol will describe well construction and
! placement, lyaimeter construction and placement, well
~ purging and sampling procedures, sample handling
procedures, and quality control. The QC program would
follow the basic principles of Good Laboratory Practices
(GLP} under the Federal InsQCticide, Fungicide, and
Rodenticide Act (FZFRA) (40 C.F.R. Part 160). A
L priority list of chemical analytas would be established,
and analytical procedures dascrlbed. Finally, a
response plan would be developed that would describe
e
I _
actions that may be taken as a result of specific
detections.
' 2.3 Puako Community Association and Nansay Hawaii agree
that the s ecitic roundwater and envir
P g onmental monitoring
protocols which are utilized at the Puako golf and residential
community may difSer from the programs set out above, if
government agencies so raquirn. Before the monitoring program or
l protocol is completed, Nansay Hawaii will allow the Puako
Community Assooiation the opportunity to review the proposed
baseline studies and monitoring programs before they era in place
and to make comments or suggestions to Nansay. Nansay Hawaii will
r provide the Puako Community Association with a copy of the final,
a roved monitorin
pp g program, which final program shall be
( incorporated by reterencn herein.
L-
2.4 Nansay Hawaii ogress to provide the Puako Community
Association with copies of interim and annual reports with respect
to the golf course monitoring program as required by the agencies,
at the same time as they are submitted to the agencies. Theca
~ reports .will include amounts and kinds of fertilizer used, as well
` as all herbicides and other products, and will lncluda all data
furnished to and by the appropriate monitoring entities.
~.5 In the event the Puako Community Association comes
to the conclusion, based on reasonable scientific information,
that Nansay Hawaii is not in compliance with its undertakings in
this Agreement, the Puako Community Association shall first
explain its findings and conclusions to representatives of Nansay
9 i
t
Hawaii directly, and thereafter may make its findings and
conclusions known to the monitoring agencies and request that the
agencies mandate Nansay Hawaii to comply with the requirements of
the monitoring program 1f, indeed, Nansay Hawaii is in
noncompliance. The Puako community Association may bring an
action in the appropriate circuit court of the State of Hawaii to
enforce Nansay Hawaii's undertakings hereunder, including but not
limited to its ongoing compliance with standards ostabliahed in
the chemical and monitoring programs. In the event there is a
formal judgment of a court of competent jurisdiction holding that
Nansay has failed to fulfill its undertakings hereunder or has
substantially deviated from applicable standards in a manner which
could potentially harm the Puako Community Association and/or
Puako owners, residents, or the Puako reef, the Puako eammunity
Association shall be entitled to its coats, including experts'
costs and attorneys' fees. In the event the court finds fleet this
Agreement was not violated, Nansay Hawaii will be entitled to
recover its costs, including experts' and attorneys' fees from the
Puako Community Association.
2.6 In order to unsure that the undertakings of Nansay
Hawaii herein are effectively binding upon any and all persons and
entities who may in the future own or otherwise operate parts or
all of the proposed project, this agreement will be reprinted to
include all standards Por studies, programs, and protocols when
l they have been brought to final form, it will be executed in
~ io
f
r
recordable form, and will be recorded as a covenant running with
the land, before issuance of any grubbing and/or grading permits
for golf course construction.
III. USE OF THE NAME "PVASCO"
3.1 PLl ko Cc mn*+it~ Assoc~a*inn r^^^erna•
It was made clear to Nansay Hawaii by the Puako
Community Association that the name of the proposed project should
1.
be changed as soon as possible. Tha Puako Community Association
is concerned that the Hama "PUako" should not be utilized in
conjunction with the proposed development because the development
is not in Puako.
3.2 N~~Y. Hawaii Promises:
Nansay Hawaii has explained to the Puako Community
L, Association that it will continue to use the name "PUako
Residential Golf Community" through the use permit and zoning
permit processes with the County of Hawaii. At the same time,
Nansay Hawaii will review name change options and will, at every
opportunity, explain that the project is mauka of Puako and not in
` the Puako Beach community. Nansay Hawaii will change the name of
t the project and not utilize the "PUako" name Lollowing the zoning
6
approval process.
IV. CONTESTED CASE REQUEST
4.1 Nansav Hawai;~
s Concerns:
' Nansay Hawaii is concerned that Richard Schulae, on
behalf of the Puako Community Association, has requested a
t~
`r 11
`
l
~ contested case hearing with respect to Nansay Hawaii~s use permit
application. Nansay was concerned because oL the ongoing dialog
between Nansay Hawaii and the Puako Community Association before
and after the request for a contcsted case, and because Nansay had
been of the impression that it was responding to the Puako
( Community Associations concerns directly. Nansay Hawaii would
prefer to work together with the Puako Community Association to
further their mutual interests and would prefer not to utilize
time, energy, and other resources required to proceed with quasi-
judicial proceedings before County agencies or judicial
proceedings in court.
r 4.2 The Puako Ccm_mu~ty Association Prnrnt ass:
The Puako Community Association intends to work together
with Nansay Hawaii in ongoing open and honest discussions under
the framework of this Mutual Agreement. Ae its consideration
{ hereunder, the Puako Community Association agrees to withdraw its
a(' request for a contested case hearing and to Porgo any right it may
have to request a contested case hearing or hearings relative to
f Nansay Hawaii~s application for governmental land use approvals
for the Puako residential and golf community in its present Lorm.
t V. GENERAL CONCERNS
t 5.1 Entire Agreement:
This agreement constitutes the entire agreement of the
parties hereto pertaining to the subject matter. No supplement,
12
r
1 modification, or termination o! this agreement shall ba binding
unless executed in writing by the parties hereto.
ff 5.2 Hindinc EYPgnt;
l~ All tarns and provisions of this agreement shall be
~ binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns, and Nansay Hawaii
Promises that all persona or entities claiming under them or by
them will comply with all of Nansay Hawaii's undertakings heroin.
5.3 Tnc~usion in IIe~, r+eit;
F The commitments of Nansay Hawaii and the Puako Community
E Association contained herein may be included in conditions in a
~ Use Permit issued to Nansay Hawaii with respect to the Puako
Residential colt Community.
L 5.4 Eftectivana~;
This Agreement shall become effective following
execution by all the parties, and may be executed in counterpart
originals.
5.5 Aloha 'rit:
~ The parties enter into this Mutual
Agreement in good
Faith under the sincere hope that they can work together to
j further their mutual interests. The agreement as made by both
parties shall be in the "aloha spirit": with unity and harmony of
mind and heart, sincerity and perseverance, and with mutual
regard, caring, and respect !or the mutual existence of both
i.
parties and all Hawaii's people.
13
aI-yT 9Y~~5F&W KONA .12-10-91 ~ 5~52PM ~ 8063261176 tlutl tltl. rioo~» »
y! .
IN WITNESS WHEREOF, the parties have signed this Mutual
Agreement on the day, month, and year stated hereinabove.
t`.
PUAKO CO ~ ASS ~ ION
Sy:
i. R E
Its Preside
Hy.
I ST SON
Its Vice-President
NANSAY HAWAII, INC.
L Hy.
THOMAS YAMAMOT
Its Chief Oper tions
Officer
r
l
i
L
E
14
i
••A~ ~ Sj i'~'~1•''tiJ',, q ~f ~f ~r~~• ~,r/5,`1 ~s'.r ~°~"~~~~.R;~'s
' e
\ ,:~4 {~i~~: ,~4' , X5_4 ~ , 1`
1 ~ 'R
• , ` , ~,:f ~ ~ ~ jt ~ gyp:
i ! \ ~ ~ 5 Z , ~ .L'~
\ \1 ~ s„' ~ 1 1111 ' ,,1~~ 1~^.•
_ 'i r l r
'a w~
• •y _ t`
/V r
7 o •r ,
E Mil u _ m~~ ~
` 1+1 t
> >
c.
^.ible 11 PROBA$LE BIOCIDES FOR PUAKO
as of November, 1991
Herbicides (Greens/Tees/Fairways/Roughs)
Projected Projected Max.
Cowman Trade Recomm No. of Maximum Armes Areas
Mme Name Rate/App. Apps/Yr. Annual Treated Treatec
Total/AI per/yr
eLyphosate Roundup 5 oz/ai/ac 2 x/yr 10 oz./ai/ac 5.0 ac F
ti'mazaquin Image 0.5 oz/ai/ac 2 x/yr 1.0 lb/ai/ac 4.0 ac T F
~tribuzin Sencor .75 lbs/ai/ac 2 x/yr 1.5 Ibs/ai/ac 5.0 ac T F
Weedhoe 2 lbs/ai/ae 2 x/yr 4.0 lbs/ai/ac 5.0 ac T F R
4-D TrimeC 2.Z9 lbs/ai/ae 2 x/yr 4.58 lbs/ai/ac 8.0 ac T F t
3erbicide use will be on a spot treatment as need basis.
r
2. Insecticides (Greens/Tees and spot treat Fairways/Roughs)
3acillus Bio-Bit .25 Ibs/ai/ac 2 x/yr .50 lbs/ai/ac 8.0 ac G
yhuringiensis
~alorpyritos Dursban 0.5 lbs/ai/ac 2 x/yr 1.0 lbs/ai/ac 20.0 ac T F G
'^-ichlorton Proxol 8.0 lbs/ai/ae 2 x/yr 16 lbs/ai/ac 12.0 T G
r~tassium M-PID i.35 lb/ai/ac 3 x/yr 4.05 1bs/ai/ac 25.0 ac R
salt~of~i/y
nw,~
i
L. Fungicides (Greens/Tees only)
f
E7lorothlonil Dac/2787 6.6 lbs/ai/ac 2 x/yr 26.4 lbs/ai/ac 12.0 T G
'nrodione Chipco/26019 2.7 lbs/ai/ac 2 x/yr 8.1 lbs/ai/ae 15.0 T G
~ancozebl Fore/Formec 17 lbs/ai/ac 4 x/yr 68 lbs/ai/ac 15.0 T G
*Ietalaxyl Subdue 1.3 lbs/ai/ac 2 x/yr 2.6 lbs/ai/ac 12.0 T G
hiophanate-methyl '10.0 lbs/ai/ac 1 x/yr 20.0 lbs/ai/ac 12.0 T G
f
t
} Excerpt from Puako Residential
Golf Course Integrated Golf Coors
Management Plan
Exhibit II
r
MEMORANDUM OF UNDERSTANDING BETWEEN MAUNA
KEA PROPERTIES, INC., MAUNA LANI RESORT, INC.,
NANSAY HAWAII, INC. AND WAIKOLOA LAND COMPANY
ON COOPERATIVE REGIONAL WATER DEVELOPMENT
Mission Statement
To work jointly and cooperatively in developing and
implementing a regional water plan which best serves the
collective water needs of the parties and others within the
region in a manner acceptable to relevant governmental
authorities.
Objectives
The parties to this Memorandum of Understanding
t (collectively referred to as "South Kohala Water Study
{ Group" or "Group") acknowledge and agree that it is in their
long-term best interests to achieve the Mission set forth
above in the following manner:
° Reach agreement on a regional plan for the
development of sources and distribution systems
( for potable, non-potable water and effluent
reuse;
( ° Form and establish, as equity participants, a
f private, regional water company or companies
for the development, production, distribution
and sale of potable, non-potable and effluent
reuse resources serving the parties and others
i
within the region;
° Reach bilateral and multilateral agreements
achieving the staged implementation of the
regional water plan;
r
° Publicly support and consider the commitment to
the conditional, partial funding of the County
of Hawaii Department of Water Supply's (D4.'S)
development of its planned North Kohala
Pipeline;
° Develop a Water Commitment Policy, which is
~ incorporated herein by reference, containing
guidelines and requirements for each Group
~ Member securing a sufficient supply of water
~ for actual use in accordance with a realistic
timetable;
I
° Coordinate the activities of the Water Study
Group with all relevant State of Hawaii
authorities, including but not limited to its
Water Commission, in a manner which promotes
and preserves the Group's ability to deal with
regional water issues on a collective basis;
~ ° Communicate, where appropriate, with other
interested parties within the region;
° Enter into subsequent joint agreements intended
to implement the objectives adopted herein.
Governance
The activities of the Group shall be governed and
_ coordinated through an Executive Committee comprised of a
designated representative of each signatory to this
Memorandum of Understanding.
The Group Executive Committee shall:
° Approve all policies, agreements and
expenditures made on behalf of the Group;
provided, that if the representative of any
~ Group member specifically disapproves of any
such expenditure, that Group member shall be
excused from its pro rata share of such
~ expenditure;
r ° Approve the inclusion of additional members to
and approve, except member in question, for the
exclusion of existing members from the Water
Study Group;
° Approve public statements and testimony
regarding Water Study Group activities;
° Develop and approve an annual operating budget,
project budgets and the individual party's
` obligations to fund the operations and the
(t development of these planned projects;
° Be kept informed of all agreements entered into
j between Water Study Group members affecting the
Group's Mission and Objectives;
° Coordinate all contact regarding the activities
of the Water Study Group with governmental
~ agencies;
~
-2-
° Direct and approve the activities of all
consultants retained by the Water Study Group
relating to its stated Mission and Objectives.
° All decisions of the Group shall be by the
majority of the members of the Executive
Committee except for "key decisions" which
require unanimous approval. Key decision
include approval of the annual operating budget
and individual members obligation to fund
operations or make contributions to the
development of planned projets, expenditures
which are outside of the approved budget in
excess of $5,000 in any single case or $25,000
l in the aggregate and the addition of any new
t member to the Executive Committee.
f Dispute Resolution
It is acknowledged that from time to time, disputes
and disagreements may arise between the parties to this
Memorandum of Understanding regarding regional water issues
and that it is in their long-term collective best interests
that such disputes be resolved without resort to
governmental or judicial involvement.
l
The parties agree that they shall use their
individual and collective best efforts to resolve any and
all outstanding issues covered by this Memorandum. The
parties further agree that in the event negotiations fail to
result in acceptable agreement or resolution, they may
voluntarily submit outstanding issue(s) to binding or
nonbinding arbitration pursuant to terms agreed to by the
parties.
North Kohala Pipeline
~ The parties agree to support the concept of a North
~ Kohala Iipeline transporting potable water to South Kohala
being pursued by the Department of Water Supply, County of
Hawaii.
f
In the event that the parties are reasonably
satisfied that the North Kohala pipeline caill be built, but
no later than the start of construction, individual
signatories to this agreement shall commit, on a fair and
equitable basis, to the partial funding of said pipeline
= under acceptable terms and conditions to be negotiated.
_
(
-3-
I
r
I
Termination/Withdrawal
A majority of the members of the Group may
terminate the Group and joint obligations contained in this
Memorandum of Understanding. Individual Group members may
withdraw from the South Kohala Water Study Group upon
written notice to other members; provided, that members
( shall remain liable for their or its pro-rata share of costs
of operations per the approved budget or amendments thereto,
incurred during their membership or prior to withdrawal, as
the case may be.
This Memora d m of Understanding is entered into
this ~ day of ~~e_, 199,x.
l
MAUNA KEA PROPERTIES, INC. NANSAY HAWAII, INC.
r By J gY
I t s J',ci_~,~,,,~._ i s c~
MAUNA LANI RESORT, INC. WAIKOLOA LAND COMPANY
L
By ~ By
r I s Its
F
r
i.
p(
t ~ -
f
-4-
Eugene A. MC(:ain, Jr. Y808-775200
~3/1N0 09247 PM 0?J3
AGREEMENT BETWEEN AINA LE'A
AND WAIKOLOA VILLAGE ASSOCIATION
Dated March 2, 2000
Whereas Waikoloa Village Association ("WVA") and Aina Le'a each own land that
adjoins each other and,
Whereas WVA has expressed concerns about the proposed changes to the Aina Le'a
development rights, in particulaz the mauka makai connector road commitment, the
school land donation and school usage needs, water resources for Aina Le'a and trash
collection and,
Whereas Aina Le'a wants to work with WVA in addressing these issues cooperatively
and ,
Whereas Aina Le'a is proposing, among other changes, to have time share use within
the Aina Le'a project and that such use be limited to 750 units maximum at final build
out, therefore:
Aina Le'a agrees to:
1. Leave the existing language in the applicable County Use Permit and the
County Ordinance unchanged concerning the mauka makai connector road and will
also agree to accelerate the timetable and build the connector road up to the mauka
boundary of the Aina Le'a property when, and if, the WVA, the County or other
government agencies have designated the connecting corridor thru W VA land and the
funding of that connecting corridor has been established and,
2. Donate a parcel(s) of land of at least 32 acres for use for schools by the State
Departrnent of Education. The location of this site or sites shall be determined with the
assistance of the DOE and representatives of WVA and the Waikoloa School Board.
Aina Le'a is also willing to make a per unit contribution to the DOE speafically ear
marked for construction of school facilities to service the Waikoloa and Aina Le'a areas
in lieu of all of a portion of the school site donation Aina Le'a will also cooperate with
the DOE if they would like to receive the donation of land but would sell aIl of a portion
of the land to raise funds for the construction of school facilities at Waikoloa Village or
some other nearby location and,
3. Cooperate with WVA on trash collection and disposal to seek the most.
efficient and environmentally sound manner far both parties to handle the trash from
their respective residential communities and,
4. Cooperate with the W VA and West Hawaii Water Company (owners and
operators of the Waikoloa Village potable water system) in monitonng and sharing
information on water resources so as to minimize any negative impact that well drilling
for irrigation water at Aina Le'a and for potable and irrigation water at Waikoloa
Village may have on each other.
tugene r+. rvicc:a~n, rr. R 80&7752000 ~3/7N0 m2:48 PM ?3/3
Waikoloa Village Association agrees to:
1. Support and/ or not object to Aina Le'a's request for time share use and the
proposed changes to their development rights as modified by the February 18, 2000
"Proposal to Neighboring Communities" and,
2. To cooperate and coordinate with Aina Le'a's plans for the connector road by
coordinating then interests with the County Public Works Department and providing
Aina Le'a with updated information on W VA's plans for a continuation of the
connector road thru WVA property and,
3. Cooperate with Aina Lea on trash collection and disposal to seek the most
effiaent and environmentally sound manner for both communties to handle the trash
from their respective residential communities and,
4. Cooperate with Aina Le'a in monitoring and sharing of information
concerning their respective irrigation wells so as to minimize any negative impact these
wells may have on each other.
Agreed to on this ~ day of March, 2000, b3' and between:
Bridge Puako, LLC
By:
It's Managing Member
Waikoloa Village Association
s Presid t