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COM 0348.035 2020-2022
�A GGG HAWAII LAW INC. COUNTY CLERK COOF HANtA!! A Law Corporation 703 Iana Street IN6 FEB I 1 AM 8: 55 Kailua, Hawaii 96734 Phone (808) 457-1330 — Cell (808) 497-9680 Gary@grimmerhawaiilaw.com - www.GrimmerHawaiiLaw.com VIA U.S. MAIL Hawaii County Council 25 Aupuni Street, Suite 1502 Hilo, Hawaii 96720 Attn: Dr. Holeka Goro Inaba, Chair February 5, 2026 Kona Community Development Planning Committee West Hawaii Civic Center 74-5044 Avenue, Keohokalole Hwy. Building E, 2"d Floor Kailua-Kona, Hawaii 96740 Attn: Mr. John Pelletier Re: Oversight Concerns Regarding Misrepresentations in Honua`ula 201H Application (Resolution 179-21) and Inconsistencies Between Honua`ula 201H Application and Kona CDP Policies Dear Members of the Hawaii County Council and Kona Community Development Planning Committee: A. PMJ Kona LLC C'PMJ") submits this letter to raise significant concerns regarding the accuracy and completeness of the Honua`ula 201H application that formed the basis of Resolution 179-21. The issues identified below implicate not only the integrity of the 201H process but also the public's trust in expedited affordable -housing approvals. Our concerns center on material misrepresentations and omissions that directly affect statutory compliance, community planning consistency, and the equitable treatment of neighboring landowners. Before I get to the specifics you need to know that Honua`ula has sued the County of Hawaii to obtain a judgment terminating the 2016 Partial Release of the 2015 Affordable Housing Agreement (AHA) applicable here. Deputy Corporation Counsel Steven K. Idemoto represents the County in the case and is fully apprised of the situation. Honua`ula first leased the two parcels remaining subject to the AHA in 2020 and all of its applications to the County and State concerning its Project relate only to those two parcels and not to the parcel purchased by PMJ in June 2021, which was released from the AHA in 2016. You should also know that on December 23, 2025, Honua`ula applied for building permits to build 4-Story buildings that will block PMJ's ocean view. They were denied as Comm. No. 0.3S Ref. To: Ref. Date ff B l 2 207R Hawaii County Council Kona Community Development Planning Committee February 5, 2026 Page 2 incomplete and resubmittal required. Thus, your immediate review of this matter is necessary. One other thing we learned in Honua`ula's lawsuit is that in 2024 it members bought the two parcels subject to the recorded Restrictive Covenant on height. Thus, they are clearly seeking to violate the terms of their own Deed. Key Issues Requiring Legislative Oversight: 1. Failure to Disclose Environmental Constraints and Deed Restrictions The applicant denied the existence of environmental concerns despite a recorded height — restriction covenant —an issue directly relevant to view —plane protection under HRS §226-12 and HRS Chapter 343. 2. Misclassification of Project Type The application describes the project as "Duplex, Triplex, Fourplex," while plans show 112 units in four multi -story buildings. This misrepresentation affects density analysis and exemption justification. 3. Selective Use of the Kona Community Development Plan The application cites Kona Community Development Plan ("KCDP") goals related to housing but omits conflicting KCDP mandates protecting: • Ocean views • Mauka—makai view corridors • Scenic coastal landscapes • Neighborhood character 4. Lack of Required Community Engagement The applicant did not present to the KCDP, despite asserting alignment with local plans. 5. Contradictory Statements About Project Contingencies The application identifies LIHTC as the sole contingency, yet the applicant now claims in litigation that removal of the deed restriction is essential —a material fact not disclosed during the 201H review. 6. False Certification of Accuracy The applicant certified that no material defects or misrepresentations existed, despite knowing of the height restriction. 7. Why Legislative Attention Is Needed The 201H process relies on full transparency to justify exemptions from zoning, height, and development standards. When applicants omit or misstate material facts, the expedited process becomes vulnerable to misuse. B. PMJ also writes to share concerns regarding the Honua`ula 201H application and its alignment with the KCDP. While we support affordable housing in West Hawaii, the project as Hawaii County Council Kona Community Development Planning Committee February 5, 2026 Page 3 proposed conflicts with several core KCDP policies and was submitted without the community engagement envisioned by the plan. Key Conflicts with the KCDP 1. Protection of Ocean Views and View Corridors The project would obstruct established ocean views despite a recorded height restriction. The application did not disclose this restriction and denied any environmental concerns. 2. Neighborhood Character and Scale The project consists of 112 units in four multi -story buildings, inconsistent with the surrounding one— and two—story neighborhood pattern. 3. Scenic Resource Protection The KCDP emphasizes: • Mauka—makai view corridors • Scenic coastal landscapes • Visual harmony with existing development The project, as proposed, conflicts with these principles. 4. Lack of Community Engagement The applicant did not present to the KCDP or seek community input, despite asserting alignment with local plans. Our Request We ask KCDP to review the project's consistency with the KCDP policies and to advise the County accordingly. This is not an opposition to affordable housing. It is a request for accountability, accuracy, and adherence to adopted planning policies to ensure that Honua`ula's Project respects the community's adopted vision and the environmental and scenic resources that define Kona. We therefore respectfully request that the County Council and KCDP take whatever action is necessary to ensure that Honua`ula Housing Project comprises a configuration that will not obstruct PMJ's project ocean views and be consistent with the surrounding neighborhood comprising one-story and two-story buildings. C. Attachments Hereto: 1. 201H Application marked up in red to note misrepresentations and inadequacies. 2. Page 110 of the 201H Application, part of "Exhibit 11 Survey" that shows PMJ's residential subdivision project. This is also found in page 149 as part of Honua`ula's 2020 Lease. 3. Summary of communications showing Carlo Mireles, who signed the 201H Application knew about the height Restrictive Covenant. 4. Copy of Recorded Restrictive Covenant. Hawaii County Council Kona Community Development Planning Committee February 5, 2026 Page 4 5. Copy of 2024 Deeds where members of Honua`ula used a different LLC to acquire the land for its Project, subject to the Restrictive Covenant. The same members become Landowner, Landlord and Tenant of the land through two different LLCs. 6. Copy of 12/23/2025 Application For Building Permits status as Incomplete Resubmittal Required. Very truly yo s, :G. rimm cc: PMJ Kona LLC (via email) Steven K. Idemoto, Esq. (via email) Brian W. Tilker, Esq. (via email) Alan S. Rude (via email) �N n,)h ul :.s G3 o� CNC P.O. Bur 2532. Kealakekua. 111 96750 � o O March 29. 2021 Mrs. Susan Kurv, Housing Administrator Office of Housing & C'ommunity Development Attn: Community Development Division 1990 Kinoole StreeL Suite 102 Hilo, Hawaii 96720 He: Hooua'ula Housing Project - Kealakehe, Hawaii Aloha Mrs. Kunz Please accept this 201-11 submission package requesting a I laoaii County 201-11 resolution approving construction and operation of 112 units of affordable housing to be located in Kealakehe. Sincereh. / is 'Carlo R. Mireles Chief Operating Officer Honua'ula. LLC 29 LM Honua'ula LLC 201H Application Package Table of Contents Summary Sheet Application Checklist General Information Form Certifications and Assurances Environmental Questionnaire Exhibit A - Project Cost Breakdown Exhibit B— Estimated Project Revenue Exhibit C, D & E —Operating Income, Expense & Proforma Exhibit 1— IRS Tax Exempt Letter Exhibit 2—Treasury Form 990 Exhibit 3 — Organizational Documents Exhibit 4 — Financial Statements Exhibit 5,5 V Organizational Chart, Development Experience & Resumes Exhibit 8 — List of Affordable Housing Projects Exhibit 9 — Location Map Exhibit 30 — Photographs/Renderings Exhibit 11-Survey Exhibit 12—site Control Exhibit 13— Existing note, mortgage or loan agreement Exhibit 14 — Preliminary Title Report Exhibit 15—Special Site Classifications Exhibit 26— Planning Department/Rezoning Status Exhibit 17—Variances Exhibit 18—Record of Consultation With Surrounding Community Exhibit 19—Draft of EA, FONSI or EIS Exhibit 20— Water, Sewer & Electricity Exhibit 21— Environmental questionnaire & Phase 1 ESA Exhibit 22- Proposed ConstructionTimetable Exhibit 23 —Justification of Market Demand Exhibit 24 —Terms & Conditions of Loan & Commitment Letter Exhibit 25— Operating Subsidy Commitment Letters or Executed Contracts Exhibit 26 — Plans & Specifications Exhibit 27 — Drainage Plan Exhibit 28—Property Management Plan Exhibit 29 —Traffic Impact Analysis Report IN M County of lrawn8 Office of Housing and Community Develoment 201H Application Form Summary Sheet I. INFORMATION: AEPLICANT VANE: t-IOnua'ula LLC PROJECT NAME: IHonua'ula Living Community 11. Income and Rent Restrictions Applicant commits to set -aside units based on the following income and rent reiniction;. Complete the chan.below. Affordable Units 112 'Restricted al'"u ofAMGI' Numberofunits Passau of total units ea of AMGi 30%24 units 22 % M ofAMGI 50%20 units 18 95 %ofAMG1 60%68 units 60 Total Affordable Units 112 units Market Rate Unit 0 units I % J Total Number of Units 112 units 100 % BAN JI a Average Medan Gross Income III. Length of Affordability Commitment How long will }our project commit to affordability restrictions and program compliance.. 20 years IV. Occupancy Type Indicate the number ofunits allotted for each nfdm following: Family 1,12 Elderly. Homeless _ Tenants with Special Ilotuing Needs 6 (please describe the Special I lousing Need of the tenant below) •Please refer to the definition of Elder nr Elderlvllouscholds as defined In Act 64, Session Lasys of 4.",aii 2002 rorm20111-001. 03002,014 Page I 2257pasr.duc upoacd• 0311MOM = 9 m a -County of Haml`f 26111 Application Package Application Checklist (To be completed and algrod by applicant and returned with application) Project Nsnam Honua'ula Living Community DoodEnclostd Correct munticrofccphei(1origNat•3copies. Ielectronicversion) j$ Comolde Aooliradoo 1. Applimtion Cheedist(completed andaiym¢I) ®' 2. Summary Sheet 3. General infonration Section A. Questions S. Certifications and Assurances 6. index ofApplieatiun Exhibits Included [XJ 7. Enviroamatal Qucrdontmhe(completed and sipcd) 8. Exhibit Workshects a. Project Curt Ercakdorw Wmlahmt(Pxidbh A) (�' t`• ) b, Ect7matedProject Revenoe(Exbibit EI) ❑ milli N c. Opetatinglncome(Erltib)t C) IS d. OperadngExpatta (Exhibit D) Q e. Opemting'Pmfotma (Exhibit E) 19 9. All Exhibits winched VI OHCD'srmeiptorthkappiimdon,mmisti aofthedaamtnnnbove•refereneed, does one eoustilute acceptance of this application. Applications mast be complete in aeeardanrew)th this ehec"St. incomplete applications; and application; that fail to meet individual program ertteris, shad be returned b Weappttcent without farther amoe. Applicant Honu ' laLLC Applienm Representative. / �-t4 /Cl/ 1J& %Jh r,"7u Sf S--' Date) Potm10m4ar Section 1- General luformation Paget 22117pastdoc u6111111016 In County of Ilaw'aill 20111 Application package Henaalln 1wng CommuMy IY°Ja+Name 1. APPLICANT INFORMATION A) AppRraatlnformadon Honua ula LLC Apr j=I Name EIN-85-ISM990 AM,. T.c ru Numea Caro Mireias-Chef Operating Officer 808-333.9338 ArPo<amv'wm<snmx, lnle PN. Nw— APPI..AWI. r Nwnhi P.O. Box 2532 Kealakekua. HI 96750 e->+vi A,waa honuaulainfo@gmail.com Pill in the information halovo if application was prepared IV a person or entity different from die applicant. All.... IYepva N. Applj=W i tt<r.va lmn<I Nv . Inle Ph M., m Appleml Amens ra. nwma C-NIMAUI. PamT201H-001 Page 3 3357pmrdoc v01I11Pal 6 County of 11awai'i 20111 Application Package B) Applicant Organbadnn/£ntity(Chcckthcappmpriatcbux) +•��-prwn orgaataauon (Qualified. existing 501(c)(3) or (q) areanization, as determined by the humid Revenue Scmice) If the ap)rlirnnr is aA'on-profit orgnnintian inoLrdn F_chrhit ! rrnd Fahrhir °. Private developer ❑ Limited Partnership ❑ General PSricrallip ❑ Corporation 0 Limited Liability Corporation ❑ Other: Government ❑ County Government: ❑ Sute Government• Identify (Level 01'Govemmmnt and Depanmen) Department: dl! applicants•ntan sil in Exhibit 3. Et9ribi( {, rrnrl Erhihir 5 os ap/ilirab/e C) Applicant Experience CheA lhnapproprixtc box: ❑ Applicant has no prior experience indeveloping or owning housing. El Applicant lux prior experience in cictrloping or mcninghousing. Perm 201ti-001 P.,4 2257paecdoc v0 lit 1 C016 W m 11 ON County of Hawai-i 201H Application Package D) Project Team information (Complete with name, address and phone number) Complete Eshihil 7jor each Project Team meniher Developer: Honua'ula, LLC Contact, Carlo Mireles Address: P.O. Box 2532, Kealakekua, HI 96760 Phone: 808.333-9338 Fax: E: Mail: honuaulainfo@gmaii.com Rold Rcspmuibility: 1. Bruce Beard. - Chief executive officer. Oversee and assist overall objectives and activates for development of Honua'ula Living. 2, Carlo Mireles - Chief Operating officer. Oversee andassist ljlhe Developer has experience in developing or owning housing, pleare comptele Erlelhit 6. Consultant-. Sidney Fuke Land Planner Coact idney Fuke Address: 1100 Pauahi St. it212, Hilo Phone: OB-969-1522 Fax: %:Mall: sidfuke@hawaliantel.net Rolef Responsibilitj•: Land Use Planning Fonn2Uli Wul engo3 2237pascdoc te1111. OW CY County of HnScai`i 201H Application Package CcnerA Contractor. IN Inc Contact: anon Ko Address: 636 Laumaka Street Phone: �08-842.4929 Fax: 80 F.: Mail: mko@nanhawaii.com Role! Responsibility: Director of Big Island Operations nrddtem. Contact Addm$S: Phone: Dana Webber Design Group Dana L. Webber AM 197 Patfitt Way SW, Suite 200, Bainbridge Island, WA 9B110 206-715-4551 Fax: E: Mail: ana@danawebber.com xolN Rcspmsihility: Lead Architect Management Agent: Hawaii Affordable Properiiea Inc. Contact: Michael Sohriakoff Address: 79-7260 Mamalahoa Hwy, Suite 1, Kealakekua, HI 96750 Phone: 8-322-3422 Fnx: 808-322-0632 t:: hail: sohriakofrjr@gmatl.com Role,* Res�wnsibility: Property Management and market it. 1/Afun..,+unrm,*,lenre7r uLrteJo.Trty,rvfur pvt n/i)fi,gfJrcveivn ourvn,r FlAffil3 Fam,201114oI Page 22571%ur.dacs0111 IP016 11 G Counm of 11a vaN 201H Application Package Legal Counsel: Templeton Horton Weibel & Broughton PLLC Contact Dave Weibel Address: 3212 NW Byron St. Suite 104 Silverdale WA 98383. Phone: 1360-692.6415 1 Fax: E: Maii: Idweibel@kitsaplawgroup.com 7p.-,bfit�. Legal over -site for project development Tax Counsel: ITEM Contact: Address: Phone: ' Fax: E: Mail: Role/ Responsibility: Accountant:bt'c Gintz Warner PLLC Contact: Chris Gintz Address: 3473 NW Lowell St. #200, Silverdale, WA 98383 Phone: 360-692-1040 Far: E: Mail: chris@gintzwarner.cem Rotr! Respomibility: Lead CPA Faru,20111-001 Page 2257pandoc 011i U2016 county ofit oy,i,i 20111 Application Package 2. SITE INFORMATION A) Location A m Ow 1�� 01aPA R�rnlAl Kailua-Kona (3) 7.4-004:014 (3) 7-4-004:092 _ HI 10Y Hawaii /IP W 96740 LKULuncl numwa nep vnlaNy ¢'rn+m hau.q 6 215:04 rz<�NdvMNamrsllw W I sp. .k.�m..r nwpmw dlw �;u Economic Opportunity Zone SW 'l P..11"Iel Y. bl"bit IV.'JEzblbo 11 B) $itc S'vs 5.354 Acan; f v5goare reel Q Present legal owner of the project site West View Developments. LLC - 21 Waianuenue Ave. A' Hilo HI 96745 rom2018-nol Pocca 2257pxu.doc OVI ll'-alb W m M M R County of Hawai-i 20III Application Package D) Site Control Status O Oxn sne. fee simple 17 Ex Cetedgraund lcau Expires on:2075 with Ten 10 year period extensions Option to Purchase Expires on: Option to lease 'Expires on:2175 O Other Describe: Expires on: 5ub"lEablblr 13 m 14, 5abnal&Wba l3./If,,kabk- E) Spccial Site Classification Identify: cl Flood Zone No flood zone 13 Tsunami (Inter6d.1 Ar.) No Tsunami Special Managcmtet Area No Special Management Area P Special or Historic District No Special or Historic District o ShomOna ProtectionAma No Shoreline Protection Area Odrer(svedands, volcano, etc.). No Other SubmtlFihibil IS, iJapplimble. F) Zoning Currant ZoningDesigoation: A9-1A Land Use Classification: Urban Will}vurprojcctconform to theezistingzoning fortbe property? ❑Yes ®No List the variances andlor speoid use permitsmqubcd and crunch as Exhibit 17. Describe your consultation with the surrounding community, particularly in the put six months, and attach as Exhibit 18. "See Exhibit 17 for full list. SYbma FMIw= l a.11 mu1 /6. Form20111-001 Pa8c9 2257paea.dea AI/I1LA16 N County of fiawai`i 201H Application Package G) Does this project Involve any relocation of tenants or existing homeowners? ❑ Yes ■ No Ifycs, please describe any proposed relocation assistance: H) Environmental Assessment Plcasc.chcck the appropriate Ims below. I IRS Chapter 343 requirements must be followed. tf npplimble.dfnn Environmental Assesmam(EA)urSnvimrttncntalli pact Smiemcnt(CIS)has been published or will be published please identifv the date of publication in the Office of Environmental Quality Control(OEQC) Bulletin. Picascidcntifvthcacccptin.agency. Accepting Agency: Check if applicable M No EA or CIS is required EA In Progress EA Published El Finding of No Significant Impact Published 13 EIS In Progress EIS Published 23 Federal EA or EIS Required S"h.ir Erhim 19, roan70111-001 Date of publication or estimated completion date. July 2021 Page 10 2257pnsedocv0111 tn_016 m Count- of Hawaii 201H Application Package 1) Site Feasibility Idenli$ the bachis in us m disclose on) ptnential problerusx ociuted a ith) our proposed site. Suhmu Lrlrru 2is Exhibit 2A m Questions Yes i No Will the project utilize gas for cooking or scoter heating? Ifycs, is gal herv'Ice curlenll) available to the site' Li Will the project ulilizc solar lsatcr Iteating? 15 eleeffl[Ityt[(VIfA• curter!) at ailable to the site'! SeslcrlSeptic service is cunmtly available to the site for the number and type of units proposed. Water is currently available for the proposed ntmrher of unit and 1)pe of units for this projee(. Does the site have a hook-up 10 telephone service'.' � Does the site have a hook-up to cable or interne( set iw? Are there an) ern tronmental concerns associated ss ith site! project oeat un or near a Brossnlield^. Li C] Here are two blank boxes where the applicant have disclosed the height restriction and that sho they Id would need to block the ocean views and view of the planned upper, development pla ns Pnrm'_0111-001 Page 11 = 57,srAs,,Oi11,2016 County at ltuivai'i 20111 Application Package Identify the hcnelits in use ar disduse any potential problems as<ociatcd silt your proposed silt. Access to site; Kealakaa Street Site impruvcmcnts: Sewer line is approximately So If from the property Availability of utilities (5u8mneJrtAn 2p.1 Utilities are available to the site. Topography and soils Kekake-Keei-Kiloa association is characterized by very shallow, gently sloping to steep, well -drained organic soils over A'a or Pahoehoe lava on uplands, The site generally slopes from 0 to 12% grade with average slope of 9%. Environmental Issues: The property was extensively used for cattle grazing. Environnaeufal Issues tSuhm,r raronn-+r Form 2011"01 Page 12 2257pasrdoc v01/11/1016 N V M County of Hawaii 201H Application Package Here again is space under the "Environmental Issues" Where the project could have disclosed the height restriction and that the project planned to block the ocean views of the upper development Fonn?n111{qI N,13 2257rywr dx,01/IV3VI6 County of lfawai`i 20111 Application Package J) Off -Site Improvements Please pro%ide infomtation on the availability of utililics and site access for the proposed project Plc= include inforination on misting infrastructure capabilities and any planned or potential expansion ofinfrasuuelum needed to dcwlop this project Water Seining: Water is available to the site through Kealakaa Street. (See Exhlbft.20) Planned. The project will Install water fines and meters In accordance with the specifications of the Department of Water Supply. Sewer Existing: Sewer is currently 850 ft west of the property along Manawalea Planned. The project will conned to the existing sewer along Manawalea in accordance with the specifications of the Department of Environmental Management Drainage Eustmg: There are no drainage measures in place as the well -drained organic soils over A's or Pahoehoe lava provide adequate drainage. (See attached Exhibit 27 - Drainage Plan) Ptonnul: The project will lnstan oranage in accordance vtM County standards as per the anacnedorainageplan. Form 20111-001. P.S. 14 2257paar.d.,,J1/112m6 M M County of lfasvaPi 201H Application Package Roads Existing: Currently the property is accessed off Keaiakaa Street. Traffic Impact Analysis Report Completed. (See Exhibit 29) Planned: The project will provide roads to meet County standards Electrical Existing: Electricity is available to the site Planned: The project:plans to Install electrical pole in accordance with County and Hawaii Electric Light Company requirements Gas Existing: There is no gas to the property Planned: There are no plans to Install gas tanks or gas lines to the property C, L_ ro=201H.001 Pasc 15 2257pasr.doc vOl/11R016 County of Halvai'i 20111 Application Package Telephone. Television and Data are readily available to the site. The project plans to install phone tines in accordance with County and Hawaii Telecom standards to provide telephone service, Internet and cable to the property. NE M 'Form 20111-001 Pe c 16 2257ps r.doc %0111 IC016 N I 'i Z ic m N t X 0 N 0 .` _y a E 0 O L � V 7 3 0 0 0 L a3 a Rw MI m F t N i l�j V Z N N i m O %n N § N e 3 ' V � OC < 3 i m T O O O IH m Ill County of Hawaii 20111 Application Package C) Project Amenities The PmjmtwiU include the following amenities: O Playground/Tot lot El Picnic Area ❑ Swimmingpool 17 Community Me<Iing Room 0 Elevator ❑ Transportation El Lauodry Room ,❑ Computer with high-speed internetacccu ❑ Othcr(dcscribc) El Project will utilim solar waterheating. O Project will install Energy Star eenified appliances tbrougboutthe project El Project will install low flowplumbing fixtures which consene water. D) Unit Amenities What equipment/furnishings will be available in each tout? Ei Range El Refrigerator ❑ Air Condinouing ❑ Disposal El Dishwasher ❑ Washer ❑ Drycr Ei Carpet ❑ Drapes ❑ Fumitum ❑ Heating Ei Cable TV El High speed intenctaccess ❑ Olhar(describe) Ofie Fwawaawcownny. E) Parking HowmanyparldngspaceswiRbeprovidcdalthepmjcctsim? Please complete the table below. Numberofspaces RntioofSpacnslUaits Tenamt 224 2 Per Unit Guest Handicap' Accessible Per Code Commercial Total 224 Wiltafwbechmgedtoter tsforpmkinginadditiontomnt? ❑ Yes El No re.20111-001 Paga 18 2257pasrdoav01111/1016 N x MY County ofHawai`i 201H Application Package F) Proximity to Services,Schools, Shopping and Recreational Opportunities Please identify scbools„recreational facilities, and shopping facilities are located in the immedmte licilfity Of the project site (i.e.,.within walking distance for occupants or accessible by mass transit). Identify "Distance: - Super MarkedGroeeryStore Safeway Grocery 24miles. Matsuyama Store 3.5 miles costoo 4.7 miles Schools; Elementary Kealakehe Elementary School .6 miles Middle Kealakehe Middle School .5 miles H� Kealakehe High School 1.9miles re: roject) Creative Day Preschool&Hawaii Montei 7 miles cibrary: Kailua Kona Public Library Nf )hau Library 33a apowes Healthcare: West Hawaii Community Health Center 121AIDs Kaiser Permanente Kona Medical a3Was Community Centel Laiopua Community Center Is Wo. Activities: Kona Community Aquatic Center aanaes West Hawmi CiVeCenter aamms ParIJPleygroand: Jack Haa Playground .2 miles Hale Halawal ParK 32 miles Playground, 75,5500 KeuaMra Hwy 3.7 maes Bank/Financial Sertiar Territorial savings Bank 2.4 miles Bank of Hawaii ATM 2.7 miles Public i'r msportation: Ane Keohokalohe Hwy 2.1 miles Employment: Honokohau Industrial Park 3.0 miles Lanihau Center 2.8 miles Fbrm24111-001 Pass 19 2257pasrdac celll12016 Q County ofHawai'i 20111 Application Package G) Project Schedule Indicate the appmaimate dates tiff the following: Milestones: Date Approval of201(11) variances —�- May2021 Projected Building Permit Date: June 2021 Owing of Contraction Financing: July 2021 Construction Stan Date: Aug. 2021 Projected Occupancy Perron Data: Aug. 2022 Placed in scrvicc dntet: Sept. 2022 Achievement of occupancy for10076 of the units! I Dec.2022 Achievementnf95°S stabilized occupancy) June 2023' Snhmie 2vlil it!_ 11) Market Demand Plcasc include ajuslification of Market demand in 1'zhibit 23. O)ICD may, at its discretion, require a market analysis. 1) Management/Salts Plan Providead.tailcddncriptionofhowthcprojectwill'hcmanagcd,iF"RenialPmjcec" If^Iror Sale Project' detailed description of sales forare add plan: Include anticipated staffing, programs, etc. See Exhibit 28 ,(�} tli'moject"muilsofmnhiple buildings or pluses. please include)ludmc an whmh each building orpheeewill be Si�3+ Placed in senace. Date at which the project shall have teased 100;: nfdw units in the project,, least tnce. r Dare at which the project shall lene95%nftho project occupied for 90 comecutivedays. Porm;^_n111J101 Page 20 2257pascdoe Will L1016 Counn- of HawaN 201H Application Package 4. TARGETPOPULITIOR A). Occupancy Ty e Indicate the number of units allotted for each drthc following: Family 172 Elderly Handicapped 12 ❑mnele,s Menull} ill R) Accessible units Number ofAcecssible units 112 . Number of Adaptable units 72 ' C) Availability Willall ofthe residential units be available to the general public? FOY- D No If you answered no, please qualify which populations the units will be made available to. S. SOURCES AND USES A) Sponsor Equity Indicate the TOTAL AMOUNT of funds that your organimtion is contributing to the project. Only list project resources that wIII remain permanently in the project. S 26.445,679 Cash, S 3.160,000 Land. (Pleaseprovide an "planation) s "Inkind:' (Pleacepmvidennespl5nation) s 29,605,679 Total Sponsor Equity. Land Value QIn Iliad rams 201I1-001 I'age 21 225ipasr.doc %0111112016 m (/\\�\(ƒ \\\/ \/ ƒ \( / � lJIFEl \\ County of HawaN 201H Application Package C) Operational Subsidies Will on) IUw•incume units receive Rental Subsidies! ( Yes ❑ No Ifthe Project will receive rental subsidies please fill out the following chart. Suhsid Ru rem : of Unite lean ol'Cummilmem Status =Ba"d 44 Intent to Awi3ftl Letter i Please summarize mach subsidy program that will he utilized by the project Include the source of the projeei. IMIS of the subsidy. file population served and any other eminent information below. Also include any ramictians imposed on the project by wing the subsidy. Ifthe subvidy has not yet been awarded. please provide smfus on the application including - project -word date and a projected date the subsidy will be avnilnbla Ifpo�rrrnra lare.envnF gximi�raM1 rA'. n.namrrldMr-'f 6. PLANS, SPECIFICATIONS AND REQUESTED EXEMPTIONS A) Plans and Specifications Provide sets of half-size plans and specifications as deserthed in hehibil 26. B) Required Exemptions Provide a comprehensive mid detailed list ofalI exemptions required and cilmioro in Exhibit 19. 7. OUESTIONS Please address one question per page. Exhibit 2C I I. Hmv does the project fit into state. regional. and litwl housing plans'! Where does the project ni in relation to community develooment. land use. and znniop plans'/ '_. Descihe the design features l i.e., larger bedrooms, wider hallways, etc.) you are including in your project. How will these fcareres address the heolth and are,, concerns of the ownerstrnantsP How will these fe rums enhance the projcct's ability to meet the lager population's needs' 3. Describe any associated community, facilities or eociul or special sentces that vvill be provided. if applicable. Exhibit 2D What are the main contingencies to the project'. No Fomi 20111-Obi Page 24 2257p o.doe No presentation made to the KCDP Action Committee for comment co Page 24 - Question #1 How does the project fit into state. reeiunal. and local housing plans? Rhere dues the project rn in relation to community development. land use, and zoning plans'.' Current land use designations for the Site are. State land Use: Urban County General Plan Land Use Pallor. Allocation Girida fLUPAG) Low- and MedlumDensdy Urban County of Hawaii Kona Development Plan' Kona Urban Area County Zorwrg.' A-1a (Agricultural District, minimum lot save of 1 acre) Special Management Area: Notwithm SMA Surrounding Land Uses: The existing settlement pattern in the North Kona Distnd is agricultural and residential, with more densely populated areas closest to the ocean According to the County of Hawari s General Plan LUPAG, the areas surrounding the Project site are designated as Important Agricultural and Medium Density Urban land use classifications. The project site zoning will reowre Medium Densty Urban land use olassgicabon and RM-2 zoning (Residential Multifamily, 1 dwelling unit for every 2,000 sq ft land) The project has environmental assessment in process The Project is immediately surrounded on three sides (nosh. south and west) by either single-family residences or residential streets, including the Kealakehe Public Housing to the west The northern boundary of the Site bounded by residences of Pamolo Country subdivision of I-acm lots To the south a is a residential subdivision of 7,500 sq fl loll along Uluaoa Street. The eastern boundary of the property lies", abuts undeveloped land. The Honua'ula Forest Reserve is ocated approximately 2 5 miles mauka of the Project site Downtown Kadua-Kona is located about 2 5 miles make, of the Project ads The Project fulfills important goals of the Kona Community Development plan ("KCDP') in addition to the County's General Plan and 5-Year Consolidated Plan, by providing much needed low -Income and moderate -income families. The project meets the following Housing Objeclwes of the KCDP. 1. Affordable Housing Affordable housing located near major employment centers would serve to decrease the number of people who fill the roadways commuting long distances to work every day 2. Objea ive HSG-3. Increase Buying and Renting Capacity of Target Groups. To assist the lower income groups in obtaining decent housing and to enhance the opportunities of first-time homebuyers. 3. objective HSG4 Build More Units. To build more units that offer a variety of housing types. tenures. and affordability 4. Objective HSG-5. Address Special Needs To address the needs of spanal groups who are not normally provided for in the free market system. Page 24 - Question #2 Describe the design features (i.e., larger bedraoms,wider hallways, ete)ynu are including in your project. How will these features address the health and safety concerns of the owners/tenants? HOW Will these features enhance the projects ability to meet the target population's needs? Vertical tmnspunation will be by hydraulic elevators as Well as enclosed stairways. Building's structural systems will be light gauge steel. Elevated floras will be pouted concrete over metal decks. ,All buildings will be fire protected by wet automatic sprinkler systems. All individual apartments Will include dishwashers, garbage disposals and ceiling funs. M M Page 24 - Question #3 Describe any associated community facilities or social or special services that will be provided, ifapplicable_ Will have a central outdoor PaNion for social activities. Walking paths on site alone with a kids playgrdund and, we have established a refationship with West Ilmvuii Community I Icalth Ccntcr to provide.health service; for the residents well being. N Page 24 - Question #4 What are the main contiagenciex to the project? The main in Lots Income Housinu tax C'rtdita through Iht Hattali Ihrtisin1 f inanec and Desdopmcnt Corporation. restriction was not listed as a main contingency to the project County of Haw•ail 20111 Application Package Certifications and Assurances Whereas. HOnllarlJla''LC'(lite-Applicant") is applying to the.Coumv of Hawaii —Office of Housing and Community Dnviopment (the "County'') fnrossistance in the 2011fpmcess. Whereas. the Applicant understands that it is necessary that certain conditions be satisficdas partofthe Application requircmmrs. Therefore, the Applicant certifies as follows: 1. The Applicant is eligible for assistance understate statute and yntidelines for the Program. _a. The Applicant will minimizedisplacementasa result ofaniwitiesassisted tidt The 20111 expedited processing and assist persons displaced is a result of such activities. 3. The Applicant will activelyrnarket in an ongoing manner all housing units andservices expedited through the Program. 4. The Applicant is prepared and has the amhority within its charter, by'luwsorthrough statutory regulations to enter into a developmenr agreement with the County for acceptance and use of 20111 expedited processing assistance. The Applicant makes this Application and certification with full cognizance of its govcming,body. 5. The Applicant agreesthat theCuunty will at all times he indemnified and held harmless against all losses, costs, damages, expensesand liabilities whatsoever in nature or kind (including,. but not limited to attomcy's fees, litigation and court costs, amounts paid in settlement, and amounts paid to discharge judgment, any loss from judgment fromtheInternal Revenue Service) directly and indirectly resulting from. arising out or. or related to acceptance, consideration and approval or disapproval ofsuch 201H expedited processing request b. The Applicant understands and agrees flat the County retains the right to commetgoveram nn officials, representativeses ofotherfunding programs, or other individuals to verify or obtain additional .information about Applicant's proposals. The undersigned hereby apreesand allows the release of any and all information to the County in regards lathe repre emations made within this Application. Such information may include credit history and ratings verifications, confirmation of involvement in pact developments, and all other information, an the Applicant entity and princitals. thereof, as may be required by the County, This information will be used solely by the County to aid in making a determination as tathe awarding of financing assistance oilemd by the Program to die Applicant and will not be disclosed outsidethe County, except as required and permitted under law. 7. The Applicanthas received. reviewedand accepts all the documents(e.g. Explanation, Instructions. the.) that ure attached to the Application and made a part hereof. S. The Applicant understands and agrees that the County's receipt of an Application does not constitute acceptance of the Application. The County reserves the right to slum an Application at am` atma%vidiout inking further action on [fie Application to. but not limited to, the following: U. Failure to men Application submittal requirements(e.g.. correct application fec, cashiers check, correct number of copies). b. Failure to meet 201H program criteria (e.g_ applicant eligibility and affordability requirements, net. Fora, 20111-001 page 25 3257pasr.doc. County of H"'pi 201H Application Package Exhibit 2E Fulu a to heelu e o he gpphrmion a ty knpwn a ens defeaa ebou the de clop prnt of the Project, any mivreprewir enjon a fraud, 9. The Applicant further wdcrsmnds and agrees ihaC a. The Courtly rasorves the right to right withom wnec and without liabili to an rcycct wy Application submitted and muY exercise such 'he DrePmnriuu-fern Applie,gm, tY 7 APPhcafa or otherpanies for [heir axperees insured in b. Applications are Dreparedatthewleriskandexpenaeofthe Applicant, Theeompletlon, receipt, a aeceplance-fan Application does not Conan t the Cowt m pay arty meta incurred in preparation of the Apphration. The Count' Wall WI be T"Pomtble fa any oosu incurred by 1h, ADplimnt due m the nrie"ior. ofm5 Application. 10. The Appinant tmeenjm 1, and agree, uun the Cowry in no Way reptesente or warrants to any Party which may include, ba b nor limited to soy developer, project owner, mvenor, or lender dul the Rojo ia, m fap, leasible or gable No dirn;uu, eammicsiww, utTar, uynn, xtaRor ranldoyee shall be personally liable coneerautg any mmlers ansrng Out of, or in relumn m, the disapproval a the makingof awards from the Progress. 11. The AppliraW is recporteiblc In review the applicsblc fcderW.'smteeowry Taws to costae eotnpliaoee With cement regulations. 12. Thu the ftaegoing information and the nam,,, t, made in this AMheanion arc rr,c. complete, accwatc and txaratt to the heel ofthe Applicant's knowledge. and hereby authpnats the COMM to obtain further inforvation and to vent arry statement made as it dame oneeaaary. 13. The Applicant wdentm& tha the c—Pl led and accepted Applicwun ix subject m Chapter 4'_F, HaWmi Poised Statutes, the UniforminfOrnntion Practices Act of the SWe oftfawaih ".4 In Witness Wberenf, the Applicant has caused the docvmenl to be exetmted in its rune on the ran m day of oor . _ NanwtY Ile APDliamt Byumn. tarty f!`( j( �: Its Forea 01H-0UI pwg r5'purdoc wri 51 / 6 ! ud W N IN-: O W W V W VI A W N Y m � w � � I I 0 orn'LO v N O N 00 N N O N O N N N N N N N N N 0 O 0 0 0 0 0 0 m m o a m yo co m to o v yn w w 3 3 3 n n n n n n n n O 3 3 3 3 3 3 0 0 d 0 • V 9 9 V 9 9 9 V 9 W N N =�• 0 0 N 0 V1 0 W 0— n VI 0 D IA RI :-+ S S o 0 0 �p A o F S y m 0� W 3C O W W V W VI W 1� W O O1 Of F• W M VI N 0— H m 3. o o 0 a 00 I A 0 x a n 3 v. m 3, 0 is < �' '� N n T O y c 6� W VI k p w j o. �• •j' u S a i r c 6� n d d o' 2 a 3 w o 0 o F �. J• i° O• z w o• ov s W oa S S O S p x J 'N < 9 O T A S � C £ 6 u^ T n 0 � O 2 N f1 = d !p d G 0_ aoa ��xsia a' a� - J• f0 O N W •t n d S q 9 � � 0• — a �. �• u m 40 OJO 0 O d d N o 0 s ry 0 d n C w s � o. o d < 0 0 R £ o< - 0' n £ 6 d J 2 v 0 0 s o W o o d O N v 0 o c o 0 ° ELo E 0 ry 3 a t. �' m¢ c c0i 3 00 d � u 0 a s W < c » c n w n m m 0 0 d £ _ c O o m 3 = £ o 0 n u o •< o F 0 �, a m 3 0 a OL c _ a o, n C N d s N J o a u o 0 o 0 00 o F w T A rr'o+'H`°': STATE OF HAWAII • � •4E ';>• BUREAU OF CONVEYANCES RECORDED June 4, 20218:01 AM r' Doc No(s) A - 7825QO68 'AFTER RECORDATION, RETURN TO: West View Developments'LLC P.O. Box 22Q6 Kailua-Kona, Hawaii 96745 BY ( ) MAIL ( ) PICK-UP TITLE OF DOCUMENT: Doc 1 of 2 W LESLIE T KOSATA Pkg 11791291 SKC _ REGISTRAR -CC, 2Gz 17 400 (pA Tab Z11-16 1%1 JLIe In W o rti RESTRICTIVE COVENANT PARTIES TO DOCUMENT: WEST VIEW DEVELOPMENTS, LLC, a Hawaii limited liability company, whose mailing address is P.O. Box 2206, Kailua-Kona, Hawaii 96745 Affects: -Tax Map Key Nos. (3) 7-4-004-014 and (3) 7-4-004-092 RS-1 THIS DOCUMENT is made this a day of 2021 by WEST VIEW DEVELOPMENTS LLC, a Hawaii limit d iabill Kona, Hawaii 96745. ty I company, whose mailing address is Post Office Box 2206,, Kailua- WITNESSETH: WHEREAS, WEST VIEW DEVELOPMENTS LLC, a Hawaii limited liability company, duly formed and organized in the State of Hawaii, (hereinafter referred to as "OWNER") whose address is Post Office Box 2206, Kailua-Kona, Hawaii 96745 owns Tax, Map Key Nos. (3)7-4-004-014 and (3) 7-4-004-092 ("Property"); WHEREAS, OWNER intends to sell or lease the Property for use as affordable or low income housing, and WHEREAS, the Property is intended to be developed and consist of three and/or four story condominiums buildings; NOW, THEREFORE, the OWNER hereby declares that the Property shall be held, sold, conveyed, encumbered, leased, occupied and improved, subject to this Restrictive Covenant, meaning the limitations, restrictions, covenants and conditions set forth in this Restrictive Covenant. The limitations, restrictions, covenants and conditions contained in this Restrictive Covenant shall run with the land upon which the said Property .is located and shall be binding upon all successors, assigns and parties having or acquiring any right, title or interest in and to the described Property or any part thereof and shall inure to the benefit of each thereof. Restrictive Covenant: View Restrictions. No buildings, structures, improvements, trees or vegetation of any type or kind shall be planted, constructed or maintained an the Property that unreasonably obstruct the ocean views from the upper property now designated as Tax Map Key No. (3) 7-4-004-091, or as later subdivided into separate lots, and the maximum height of any such buildings, structures, improvements, trees or vegetation of any type or kind. on the Property shall not exceed an elevation of 835 feet above sea level. This restriction shall not apply to re -subdivided and/or reconsolidated lots 4, 5 and 6 previously a portion of the Property. This Restrictive Covenant shall run perpetually with the land upon which the Property is located. -2- IN WITNESS HEREOF, the undersigned has executed these presents as of the of _ Ill 2021. M STATE OF HAWAII COUNTY OF HAWAII WEST VIEW DEVELOPMENTS, LLC A Hawaii Limt ed Liability Company ;7------- RAJESH BUDHABH�1TTl, IT'S: MANAGER On this I day of TU rye, . 2021, before me personally appeared RAJESH BUDHABHATTI to me personally known, who being by me duly sworn or affirmed did say that he is the Manager of West View Developments, LLC, a Hawaii Limited Liability Company, and the instrument was signed on behalf of the company buy authority of its members and Rajesh Budhabhatti acknowledged the instrument to be the free act and deed of the company. Notary Public, State of Hawaii DEVON KIKUKAWA My Commission Expires: EXPIRATION: March 17, 2020 NOTARY CERTIFICAT STATE OF HAWAII poc, p�eaiptloMD: Dac. Dete: Note Name: I w lni LCUIt MJ 29z1 Notary SIgnatura i en, Date DEVON KIKUKAWA EXPIRti 11ON: March 17, 2026 -3- Recording Requested by: .Fidelity National Title & Escrow of Hawaii. Inc. Escrow No. FHAW72411765-WG Send Subsequent Tax Bills to: Kekoa Real Estate Holdings. LLC 5501 Independence Parkway. Ste 301 Planu. TX 75023 CATS ID: 22-FBI-005360 Actual Consideration: S227,500.00 Tax Kev: 3-7-4-004-014 o'rrgw,. STATE OFHAWAII BUREAU OF CONVEYANCES 0"t r`"i+ RECORDED 1,11 October 11, 2024 8:01 AM ?`•, ,;;: Doc No(s)A-9050000215'-16 (2) Doc 2 of 4 /st LESLIE T KOBATA Pkg 12440601 SKC REGISTRAR FNT: RHAW72411765-WG RS-1 TOTALPAGES6 United States Marshals Deed Tire undersignedgrantor declares that the. Cony Documentary 'I'rarisfer Ras computed onaidl value isS3.7.30 (County of Flalran, Staiei)fl7awaii). This Deed is made and entered into this K clay of October 2024 between the UNITED STATES AMRSIIALSSERVICE, for and on behalf* of the United States of Amcrica, acting pursuant to the Interlocutory+ Sale Order, to sell the properly titled to Unitcd States of America, hereinafter"Grantor," and does hereby Remise, Release and Quitclaim to Kekoa Real Estate Holdings, I_LC, a Texas.limited iy company, having the address of,5501 Independence Parkway, Ste. 301, Plano, Texas 75023, hereinafter "Grantee" concerning the real property described in Exhibit A. Whereas, the United States District Court for the District of I-laivaii, in the case entitled United States oflimer;ea v. Ala+r Scott Rmrlo, Case No.: 122-cr-00055, entered an Order Adapting the Magistrate Judge's Findings and Recommendation to Grant Government's Motion for Interlocutory Sale of Real Property Subject to Forfeiture on the 161E day of November, 2023, recorded on November '10, 2021, in the Bureau of Conveyances of the State of Hawaii as Document No. A-87240483, hereinafter the "Order". Whereas, the Order directs the United States Marshals Service to sell certain real property, located In Kona, Hawaii to wit: SEB E"XIIIB,IT "A "TOR LEGAL DESCRIPTION Or],]? -, j IISL'S CON--D Page 1 of 6 Address: 74-4991 Kealakaa Street, Kaitua Kona, Hawaii 96740 Tax Key: 3-7-4-004.014 hereinafter the "Property"; Whereas, pursuant to 28 U.S.C. § 566. it is the duty of the United States Marshals Service to carry into effect the Order of the District Court. RELEASE OF LIS PENDENS: This conveyance shall constitute a release of that Notice of Lis Pendens filed July 12, 2022 and recorded July 13. 2022 as Document. No. A-82290613, aforesaid records. Now. Therefore, 1. Grantor, by virtue of my off -ice and by force of the statute in such cases, and for and in CONSIDERATION of the sum of S227.500.00 and other valuable consideration, in hand paid to me by Grantee do Quitclaim unto Grantee all the right, title, interest, and claim which United States of America, whose address is USMS, Asset Forfeiture Division, Room 9054, 1215 S. Clark St, Arlington, VA 22202, has in the Property, subject to coning and other rules, regulations, ordinances, restrictions. covenants, conditions, casements and other matters of record; In Witness Whereof, for the conveyance of the Property I have executed this conveyance on the day and year first above written. [This space intentionally left blank. Signature page to follow.] Page 2 of 6 UNITED STATES MARSHALS SERVICE For and on behalf of the United States of America By'L cco C2 Name: G4n 5//S� Title: �/�� G/c%tJ� STATE OF Virginia COUNTY OF Arlington The foregoing instrument was acknowledged before me, a Notary Public in and far said County and State. by Means of ✓ physical presence or online notarization. this S 0" day of October. 2014 by 526e man � its of the United States Marshals Service. who is personally known to me or who produced as identification and who acknowledged that they did sign the foregoing instrument and that the same is the free act and deed of said United States of America and of them personally and as such officer of said United States Marshals Service. In Witness Whereof I have set my hand and official seal on this 214 day of October 2024. otary Public Ltonne Manue a Utsey State of [NOTARY SEAL] YVONNE MANUELA UTSEY NOTARYPUBLIC REOISTIIATION • St28808 coMMONW[ALTH OF VIRGINIA MYCOMMIS gION IXPIRES AU U 831 2028 Page 3of6 EXHIBIT A LOT 16-C Land situated at Kealakehe homesteads, roughly one thousand (1000) feet North of the Kealakehe Elementary School North Kona; Ilawaii Being a portion of Grant 6273 to A. Napuupahee Beginning at a pipe set in concrete at the.Southwest corner of this parcel of land, being also the corner of Lot 16-A and on the east side of Kealakaa Street Right -of -Way the coordinates of said point of beginning referred to Government Survey'rriangulation Station "LAPAUWILA" being 2748.26 feet North and 1278.19 feet West and thence running by azimuths measured clockwise from true South: '1. 1550 02' 30" 145.17 feet along the East side of Kealakaa Street Right -of -Way to a pipe set in concrete 2. 2570 43' 40" 347.20 feet alongthe Southerly boundary of Lot I6-B, along the remainder of Grant 6273 to A. Napuupahee to a nail set in concrete "Y" 3. 158" 48' 40" 250.69 feet along the Easterly side of Lot I6-B, along the remainder of Grant 6273 to A. Napuupahee to a spike set in concrete 4. 2560 56' 208.32 feet along a portion of the Southerly boundary of Lot J, along a portion of the Southerly boundary of Lot M, along a portion of Grant 3456 to G. McDougall to a "+" found cut in rock 5.,263" 15' 30" 76.85 feet along a portion of the Southerly boundary of Lot M, along a portion of Grant 3456 to G. McDougall to.a pipe set in concrete 6.342° 24' 438.16 feet along a portion of Lot 16-A, along the remainder of Grant 6273 to A. Napuupahee to a pipe set in concrete 7: 81" 15' 584,77 feet along a portion of Lot 16-A, along the remainder of Grant 6273 to A. Napuupahee to a pipe set in concrete, thence Along a portion of Lot 16-A, along the remainder of Grant 6273 to A. Napuupahee on a curve to the right with a radius of 20.00 feet, the chord azimuths and distance being 8. 118" 09' 28" 24.01 feet to the point of beginning and containing an area of 4.000 acres, more or less. Page 4 of 6 937r47i.vt to-rzi Being.a portion of the property conveyed by Order Adopting the Magistrate Judge's Findings and Recommendation to Grant Government's Motion for Interlocutory Sale of Real Property Subject to Forfeiture, by and between Plaintiff. United States of America and.Defendant: Alan Scott Rudo, filed in the United States DistriceCourt for the District of Hawaii (County of Hawaii) in Case No.: CR 22-00055 JAO, recorded November 20, 2023 in the Bureau of Conveyances of the State of Hawaii as Document No. A47240486. SUBJECT, HOWEVER, to the following: Mineral and water rights ofany nature in favor of the State of Hawaii. 2. Claims arising out of rights customarily and traditionally exercised for subsistence, cultural, religious, access or gathering purposes as provided for in the Hawaii Constitution or the Hawaii Revised Statutes. 3. An Affordable Housing Agreement, upon and subject to all of the provisions contained therein, by and between West View Developments.LLC. a Hawaii Limited Liability Company, and County of Hawaii, a municipal corporation of the State of Hawaii, dated November 13, 2015. recorded December'17, 2015 as Document No. A-58290056. The foregoing Agreement assigned to Ronald A. Brown, an individual, by Assignment of Affordable Housing Credit(s), recorded October 6, 2020 as Document No. A-75840649. Further The foregoing Agreement assigned from Ronald A: Brown, an individual to Gretchen Osgood, an individual, by Assignment of Affordable Housing Credit(s), recorded December 1. 2020 as Document No. A-76400366. 4. Covenants, conditions restrictions and reservations (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as set forth in Restrictive Covenant dated April 15,2021. recorded June 4, 2021 as Document No. A-78250068. 5. A Development Agreement, upon and subject to all of the provisions contained therein, by and between County of Hawaii, a municipal corporation of the State of Hawaii. ("County"): Honuaula LLC, a limited liability company, "Developer", and West View Developments LLC, a Hawaii limited liability company, ("Master Landowner"), dated March 31, 2021, recorded April 20, 2022 as Document No. A-81450748. Notice of Extension of Development Agreement dated January 25, 2024. recorded January 30. 2024 as Document No. A-87950647. 6. Memorandum of Lease by and between West View Development, LLC, a Hawaii Limited Liability Company, as.Lessor, and Honua'ula, LLC, a Texas limited liability company, as Lessee, Page 5 of 6 9r7s4r-ei 10.2-24 dated July 1, 2020, recorded June 23, 2022 as Document No. A-82091035, for a term of fifty- five (55) years. The term of the Lease shall commence on the Ist day of July, 2020, and end at midnight on the 31st day of June, 2075. or until said term i"s sooner terminated or extended pursuant to any of the.conditional limitations or other provisions.of said Lease. Said Lease is subject to,a mortgage to secure an indebtedness as shown below in the amount of $500,000.00 dated July 1, 2022, made by Honua'ula, LLC. a Texas Limited Liability Company, organized and existing under the laws of the State of Texas and duly authorized to do business in the State of Hawaii, as Mortgagor, in.favor of Housing Assistance Council, a non-profit corporation organized and existing under the laws of the District of Columbia, recorded July 8, 2022 as Document No. A-82240325, affects the herein described land and other land. 7. Any unrecorded leases, subleases, and/or tenancy agreements, including any encumbrances affecting the same, all of which have been purposely omitted herefrom. Address: 74-4991 Kealakaa Street, Kailaa Kona, Hawaii 96740 Tar Key: 3-7-4-004-014 vr75472yI to.a2a Page of 6 Recording Requested by: Fidelity National Title & Escrow of Haawaii, Inc. Escrow No. FHAW7241.1,765-WG Send Subsequent Tax Rills to: Kckoa Real Estate 4ioldings, LLC 5501 Independence Parkway, Ste 301 Plano,'I:a 75023 CATS Ill: 2247131-005358 Actual Consideration: $122,500.00 Tax Key: 3-7-4-004-092 -•.'!E-OFhq•,, STATE OFHAWAII •'sus '%' BUREAU OF CONVEYANCES • RECORDED :�I,..%r+ b`•.�-tQt �.l . October 11, 20248:01 AM . •. _<' ^ Doc No(s) AA050000217-18 (2). Doc 4 of 4 /s/ LESLIE T KOBATA Pkg 12440601 SKC REGISTRAR FNT: FHAW72411765-WG .RS-2 TOTAL PAGES 6 United States Marshals Deed The undersigned grantor declares that the County Documentary Transfer Tax compuled do frill vahre is S183.80 (County n/71atr(Iii..State of Flatraii). This Deed is made and entered into this erg day of October 2024 between the UNITED STATES dMARSIIALSSERh10E, for -and on behalf of the United States of America, acting pursuant to the Interlocutory Sale Order, to sell the property titled to United States of America, hereinafter "Grantor.' and does hereby Remise, Release and Quitclaim to Kekoa Real Estate Holdings, LLC, a Texas limited hahilitJ+ coinpmry, having the address of 5501 Independence Parkway, Ste, 301. Plano,'Texas'75023, hereinafter "'Grantee" concerning the real property described in Exhibit A. FVlrereas, the United States District Court for the District of .Hawaii, in the case entitled United StatesofAmerica v. Alan Scott Rrrdn, CaseNo.: 1:23-cr-00055, entered an Order Adopting the Magistrate Judge's Findings and Recommendation to Grant Government's Motion for'Interlocutory Sale of Real Property Subject to Forfeiture on the 16r11 day o1"November, 2023, recorded on November 20, 2023, in the Bureau, of Conveyances ofthe State of Hawaii as Document No. A-87240483.'hereinafter the "Order". Whereas, the Order directs the United States Marshals Service to sell certain real property, located In Kona, I"Iawaii to wit: SEE EXHIBIT "A "FOR LEGAL DESCRIPTION OF PREr11ISES COAT EYED Page 1 of 6 Address: 74-4985 Kealakaa Street, Kailim Kona, Hawaii 96740 Tar,Key: 3-7-4-004-092 hereinafter the "Property': Whereas, pursuant to 28 U.S.C. § 566. it is the duty of the United States Marshals Service to carry into effect the Order of the District Court. RELEASE OF LIS PENDL-NS: This conveyance shall constitute a release of that Notice of Lis Pendens.tiled July 12, 2022 and recorded July 13, 2022 as Document No. A-82290612. aforesaid records. lVoiv, Therefore, 1, Grantor,'by virtue of my office and by force of the statute in such cases, and for and in CONSIDERATION of the sum of $122,500.00 and other valuable consideration, in hand paid to me by Grantee do Quitclaim unto Grantee all the right, title, interest, and claim which United States of America, whose address is: USMS, Asset Forfeiture Division, Room 9054, 1215 S. Clark St, Arlington, VA 22202, has in the Property, subject to zoning and other rules, regulations, ordinances, restrictions. covenants, conditions, easements and other matters of record. In Witness Whereof, for the conveyance of the Property I have executed this conveyance oft the day and year first above written. [This space intentionally left blank. Signature page to follow.] Page 2 of 6 U'N,41ITL-D STATES MARSHALS SERVICE For and on behalf of the united States ol'Anterica By: �6 `— Aiame: Title: G / STATE OF VIRGINIA COUNTY OF ARLINGTON- The foregoing instrument was acknowledged before'utc- a Notary Public in and for said -County and Stale; by means of_✓_ physical presence or online notarization. this 014 day of October, 2024_ by ?s<n�t�.__�5�k=ts of the United States Marshals Service, who is personally known to me or whoProduced as identification and who acknowledged that hei he did sign the toregoing instrument and that the saute is the free act and deed of said United States of America and of him.'hcr personally and as such officer of said United States Marshals Service. In Witncss Whereof I have set my hand and official seal on this. day of October, 2024, Diary Public Ymonnee tKanue Utsey State of Vrpjnia [NOTARY SEAL] VONNE MANUELA UTSEY NOTARY PUBLIC AEGISTRATION • 9123399 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES YS AUGUST31,2a28 P41c 3 of & EXHIBIT A LOT 16-B Land situated at Kealakehe Homesteads, roughly one thousand (1000) feet North of the Kealakehc Elementary School North Kona, Hawaii Being a portion of Grant 6273 to A. Napuupahee Beginning at a pipe set in concrete at the Northwest comer of this parcel of land, being also the Southwest comer of Lot K anti on the East side of Kealakaa Street Right=of Way the coordinates orsaid point of beginning referred to Government Survey Triangulation Station "LAPAUWILA" being 3105.35 feet North and 1444.39 feet West and thence running by azimuths measured clockwise from true South: 1.2560 56' 363.00 feet along the Southerly boundary of Lot K and a portion of Lot J, along a portion of Grant 3456 to G. ivlcDougali to a spike set in concrete; 2. 3380 48' 40" 250.69 feet along a portion of Lot 16,C, along the remainder of Grant 6273 to A. Napuupahee to a nail set in concrete "y": 3. 77' 43' 40" 347.20 feet along a portion of Lot 16-C, along the remainder of Grant 6273 to A, Napuupahee to a pipe set in concrete; 4, 1550' 02' 30" 248.70 feet along the East side of Kealakaa Street to the point of beginning and containing an area of 2.001 acres, more or less. Bcing a portion of the property conveyed by Order Adopting the Magistrate Judge's Findings and Recommendation to Grant Government's Motion for interlocutory Sale of Real Property Subject to Forfeiture, by and between Plaintiff. United States of America and Defendant: Alan Scott Rudo, filed in the United States District Court for the District of Hawaii (County of Hawaii) in Case No.: CR 22-00055 JAO, recorded November 20, 2023 in the Bureau of Conveyances of the State of Hawaii as Document No. A-87240483. SUBJECT, HOWEVER, to the following: Mineral and water rights of any nature in favor of the State of Hawaii. 2. Claims arising out of rights customarily and traditionally exercised for subsistence, cultural, religious, access or gathering purposes as provided for in the Ilawaii Constitution or the Hawaii Revised Statutes. Page 4 of 6 An Affordable 1-fousing Agreement. upon and subject to all of the provisions contained therein. by and between West View Developments, LLC, a Ifawait Limited Liability Company, and County of Ilawaii, a municipal corporation of the State of llawaii, dated Notcmhcr 13. ?OIS, recorded December 17, 2015 as Document No. A-5R290056. The foregoing Agreement assigned to Ronald A. Bro\vn, an individual, by Assignment of Affordable I[owing Credii(s), recorded Ociober.ti, 2020 as Document No. A-158-406-49. Further The foregoing Agreement assigned from Ronald A. Brown, an individual to Gretchen Osgood, an individual. by Assignment of Affordable Housing Credit(s). recorded December 1, 2020 as Document No. A-i.6400366. 4. Covenants. condition, restrictions and reservations (deleting therefrom any restrictions indicatn_. anv lireference. limitation or discrimination based on race- color. religion. sex, handicap. familial status or national origin) as set forth in Restrictive Covenant dated April 15, 2021, recorded June 4, 2021 as Document No. A-78250068. A Development Agreement. upon and subject to :tilt of the provisions contained therein. by and between County of Hmwaii, a municipal corporation of the State of Hawaii. ("County"); Plonuaula I.I.C, a limited liability company, ",Developer", and West View Developments LLC, a Ilawaii limited liability company, ("4laster Landowner"), dated March 31, 2021. recorded April 20, 2022 as Document No. A-91450748. Notice of Extension of Development Agreement dated January 25. 2024, recorded January 30. 2024 as Document No. A-87950647. F, Memorandum of Leasc by ind between West View Development. LLC. a Hawaii Limited Liability Company, as Lcssor. and l Ionua'ula, LLC. a Texas limited liability company. as Lessee. dated Julv I, 2020, recorded June 23, 2022 as Document No. A-82091035. for a term of lilty- live (55) years. The term of the Lease shalt conintence on the l st day of July 2020. and end at midnight on Ito 31st day of June, 2075, or until said term. is sooner tennivated or extended Aursuani to any of the conditional tintitaiions or other provisions of said Lease. Said Lease is subject to a mortgage to secure an indebtedness as shown below in the,amount of 5500,000.UU dated July 1, 2U22, made by Honuii ula, LLC, a Texas Limited Liability Company, organized and existing under die lags of the State of Texas and duly authoriied to do husiness in the State of Hawaii. as Mortgagor. in htviir of IfouSing Assistance CiuutcjL a non-profit corporation organized and existing under the laws of the District of Columbia, recorded JulyR. 2022 as Document No. A-S2240325. affects the herein described land and other land. Page 5 01,6 Any unrecorded ]cases, subleases, and/or tenancy agreements, including any encumbrances affecting the same. all of which have been purposely omitted hcrefrom. Address: 74-4985 Kealakaa Street, Kailrta Kona, Hawaii 96740 Tar Key: 3-7-4-004-092 Pnor 4 nrf. } i rri w al o ro -1 Z K r v ,� .t o o c m 1 ( N z m o + �o a' 70 C o m o N rs rt+ x, rn m F v �v �° CD I r- "` ru -o m r 3 m�_ o W C v rn o m �; D. 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