HomeMy WebLinkAboutCOM 0691.000 2000-2002 Harr KirrQ ~®~,,aY ®g y,~~.
Y ~ ~~J;y~ Dixie Kaetsu
Mayor ~ " Managing Director
~•a :4
~r~~ov•wP'~p Deputy Managing Director
~~1~'~ T~1~
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808)329-5226 • Fax (808)326-5663
July ll, 2002
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Application (REZ 02-002)
Applicants: Roy E. King, Jr. et al.
Request: Agricultural (A-20a) to Family Agricultural (FA-3a)
Tax Map Key: 7-3-024:011
Change of Zone Application (REZ 02-009)
.Applicant: TSA Corporation
Request: Open (O) to Industrial-Commercial Mixed District (MCX-la)
Tax Map Kam: 7-3-051:060
~'`ha~ge 4f Zone Or~::nanee No. f10_ls,
which a~~^ndcd ~ 3:i€:l€~4ancrsT<vo. ~~-~i9, X34-78 (REZ `'67)
f ~ C'onsl~t~3~~ I~ ~}~rl ~vS(^~ tC:on,pl~~c ~;~a~i=~-uction)
v A .~-leanr Fsj = l.~s:
rr~ Counr:~:> Club Estates
~ '~r1~1~ K>w~ . '~-I `~:E3, 0 ''2 v, 3~~ ~4, 39-41, 58 ~ 59
Planning Director Initiated
Repeal of Ordinance No. 93-65 (REZ 742)
Issued to: Kamuela P&D, Inc.
Tax M~ Key: 6-4-24:Portion of 27
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and enclosures
regarding the above-referenced requests.
Sinc rely,,
rd~g
Harry Ki
~'i1e -
Mayor ~ ~ _
Enclosures Tt~f. `~a•
cc: Planning Department T3r~~~~., 6
.
Ha Kim tPJ~tltl ®s N,~~9
~'Y • P~ Geraldine M. Giffin
~'N`ry'°` Chairperson
4pf Cf •lePiB
~~Z,i~it3T ~ air.
PLANNING COIVIli'IISSION
Aupuni Center • I01 Pauahi Stree[, suite 3 • Hilo, Hawaii 96720
(808) 961-8288 • Fax (808) 961-8'742
l(? ?
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Ordinance No. 00-105
which amended Ordinances No. 99-79, 94-78 (REZ 767)
Re: Conditions M and M(2) (Complete Construction)
Applicant: Big Island Country Club Estates
Tax Map Keys: 7-1-5:9, 10, 22, 26, 2.8-34, 39-4 L 58 & 59
The Planning Commission, after a duly held public hearing on July 3, 2002, voted to recommend
for your approval the proposed legislative bill to amend Conditions M and M(2) (complete
construction of community park, recreational center and fire station facilities) of Change of Zone
Ordinance No. O 1 64, which amended Ordinance Nos. 00-105, 99-79 and 94-78 (REZ 767),
which changed the district classification of approximately 425.69± acres of land from Unplanned
(U) to Agricultural (A-la). The property is located on the northwest (makai) side of Mamalahoa
Highway opposite the Pu`u Lani Ranch Subdivision at Pu`uanahulu Homesteads, North Kona,
Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The purpose of this request is to amend the performance requirements of
Ordinance No. 01-64, which amended Ordinance Nos. 00-105, 99-79 and 94-78
(REZ 767) to ensure that the applicant is not in violation of the time conditions.
The inability of the applicant to comply with the requirements of Condition M
and M(2) of Change of Zone Ordinance No. 01-64 which amended Ordinance Nos.
00-105, 99-79 and 94-78 (REZ 767) is the result of conditions which could not have been
foreseen or are beyond the control of the applicant. "On January 10, 2002, Intrawest
Corporation completed its acquisition of Big Island Country Club. When the most recent
time extension was granted, the new owner, Intrawest, did not own Big Island Country
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
Club and was therefore not in a position to assure the timely completion of the park.
Upon assuming control in January, there was less than 4 months to complete the
community center. Given the scope of the project and despite its most diligent efforts,
the new owner is finding that the 4-month period is not sufficient to fulfill its obligation
to the community. Accordingly, Intrawest is requesting no more than ayear - to be
guaranteed by a bond or surety - to complete both the community center and the
volunteer fire station."
Based on the above findings, it is recommended that a favorable recommendation
to amend Condition M and M(2) be forwarded to the County Council.
For your favorable consideration, a proposed bill to amend Ordinance No. 01-64 is transmitted.
We are enclosing a copy of the staff background report and Department of Water Supply
comments for your information.
Sir~erely,
/7~- ~i'~/- ,
Geraldine M. Giffin, Chairman
Planning Commission
Enclosures
xc: Mr. Sidney Fuke
Department of Public Works
Department of Water Supply
Planning Department-Kona
Brian Minaai, Director/DOT-Highways, Honolulu
BBIGISOI REZ2002-6/23/2002
COUN~'Y OP IIAWAII PLANNING DEI'AIZTlO~IENT
BACI~GIZOUND POIa'I'
BIG ISLAND COUNTRY CLUB AND ESTATES
AIVIENDIVIENT TO CONDITION 1VI ~ 10~I(2)
CIIANGE OF ZONE ORDINANCE NO. 01-64, WIiICII AMENDED ORDINANCE
NOS. 00-105, 99-79 AND 94-78
Big Island Country Club and Estates request to amend Conditions M and M(2)
(complete construction of community park, recreational center and fire station facilities) of
Change of Zone Ordinance No. Ol 64, which amended Ordinance Nos. 00-105, 99-79 and 94-78
(REZ 767), which changed the district classification of approximately 425.69+ acres of land
from Unplanned (U) to Agricultural (A-la); Condition No. 4 (complete construction of
community park, recreational center and fire station facilities) of Use Permit No. 74, which
allowed the establishment of a 27-hole golf course and related improvements; and Condition No.
3 (commence and complete construction of community park, recreational center and fire station
facilities) of Special Permit No. 863, which allowed the establishment of an expanded use of the
golf clubhouse and construction of additional recreational facilities (tennis court/pool/etc.),
community park and volunteer fire facility. The property is located on the northwest (makai)
side of Mamalahoa Highway opposite the Pu`u Lani Ranch Subdivision at Pu`uanahulu
Homesteads, North Kona, Hawaii, TMK: 7-1-5:9, 10, 22, 26, 28-34, 39-41, 58 & 59.
GENERAL INF'ORIVIATION
1. Land Ownership: Lands within the project site are owned by Big Island Country Club
and Estates (BICCE). Intrawest Corporation, a developer and operator ofvillage-
centered resorts across North America, completed acquisition of BICCE on January 10,
2002.
(See Exhibit A -Request for tines extension from Sidney li uke)
~tELEVANT BACKGROUND INF'ORIVIATION
2. July 6, 1994: Effective date of Ordinance No. 94-78, which rezoned approximately
425.69+ acres of land from Unplanned to Agricultural - 1 acre with 24 conditions of
approval. However, the effective date of rezoning for the subject parcels is on
July 3, 1996, which is when the applicant met compliance with Condition B regarding the
establishment of a water source.
3. July 3, 1996: fientative Subdivision Approval issued for revised Subdivision
Application No. 90-189 fora 121-lot subdivision. The pending subdivision does not
exceed the 106 agricultural lots as limited by Condition C of Change of Zone Ordinance
No. 94-78. The additional 15 lots are for the golf course and its related improvements,
archaeological, utility, road and other related infrastructural lots. Based on the effective
date of the rezoning, which is July 3, 1996, and in accordance with Condition C of
Ordinance No. 94-78, Final Subdivision Approval shall be secured by July 3, 2001.
4. December 9, 1997: Planning Director grants administrative extension of time until
December 31, 1998 pursuant to the Community Benefit/Impact Fee requirements
Agreement, to complete full construction of the proposed facilities as required by Special
Permit No. 863, Use Permit No. 74 and Condition M of Change of Zone Ordinance No.
94-78. A condition of this agreement permitted the partial opening of the golf course on
January 1, 1998.
5. June 25, 1998: Effective date of Agreement executed between the applicant and the
Planning Director for the interim opening of the golf course and the deferral of pertinent
conditions of Change of Zone Ordinance No. 94-78, Use Permit No. 74 and Special
Permit No. 863 subject to terms outlined in Agreement as follows:
a. $1 million would be satisfied through the provision of the community park and
improvements thereon before December 31, 1998. The estimated cost breakdown
of this contribution was established at:
1) 5 acres of land (5 x $125,000/acre $ 625,000
2) Site Work $ 100,000
3) Community Facility (includes fire house) $ 250,000
4) Roadway Improvements $ 200,000
5) Water and Electrical System $ 50,000
Total $ 1,225,000
-2-
b. The remaining $2 million would be paid out of escrow to the County of Hawaii in
conjunction with the sale of each lot. Based on 100 lots, this would be
approximately $20,000 per lot. In either case, all of the required sum would be
due and payable before December 31, 2001 or approximately a maximum of five
(5) year period.
Based on this Agreement, the golf course was allowed an interim opening on
January 1, 1998.
6. N®veanlber 23, 1998: Applicant's letter submitting a revised park plan and request to
amend Condition No. 4 of Use Permit No. 74, which would increase the park area from
4.4 acres to approximately 10 acres for a passive and active recreational area.
7. June 23, 1999: Ordinance No. 99-79 was approved by the County Council, which
amended Condition M (complete construction of proposed facilities). This required the
applicant to subdivide and convey approximately 10 acres to the Pu`uanahulu
Community Association or designee within six months from the effective date of the
ordinance or by December 23, 1999.
8. January 6, 2000: Planning Director grants administrative extension until June 23, 2000,
to complete final subdivision approval and to convey, record and title search the property.
9. Jaa~uary 18, 2000: Final Subdivision Approval granted for the Pu`uanahulu Community
Park site.
10. April 20, 2000: Warranty Deed dated February 20, 2000, conveys the 10-acre park site
to the Pu`uanahulu Community Association.
11. July, 2000: Building Permit Application submitted by the Pu'uanahulu Community
Association for the construction of the community recreational center consisting of a
meeting area, conference/meeting room, kitchen, two restrooms and a storage area. All
applicable agencies have signed the application and the permit will be issued once the
contractor pays the permit fee and the agencies re-date the plans and application.
12. August 7, 2000: Final Plan Approval issued by the Planning Director for the
Pu'uanahulu Community Association's community recreational center and volunteer fire
-3-
station. The Planning Director granted approval of the pending building permit
application the same day.
13. Septeynber 18, 2000: Ordinance No. 00-105 was approved by the County Council,
which amended Condition M and M(2) (commence and complete construction of
proposed facilities).
14. April 12, 2001: Date of letter from the Planning Director to the applicant responding to
the applicant's request for an amendment to Condition C of Ordinance No. 00-105 as
detailed in its letter of January 12, 2001. Condition C requires that final subdivision
approval be secured within five (5) years of the effective date of the ordinance or by July
3, 2001. Based on information provided by the applicant, the Planning Director
determined that non-performance is the result of conditions that could not have been
foreseen and is not the result of fault or negligence. Therefore, the Planning Director
granted a five (5) year extension of time until July 3, 2006 to comply with Condition C.
15. Jaaly 16, 2001: Ordinance No 01-64 was approved by the County Council which
amended Condition M and M(2) (Commence and complete construction of proposed
facilities.
16. Conclitio~a ldl of Change of Zone ®rclinance No. 01-64 state the followiffig:
"To ensure the Goals and Policies of the Recreation Element of the General Plan are
implemented, the applicant shall:
"(1) Subdivide and convey in fee, approximately 10+ acres of land within the project
site, to the Pu`uanahulu Community Association or its designee for development
as a community park, within six (6) months from the effective date of this
amendment. The applicant shall be responsible for payment of the park's real
property taxes and liability insurance for a two year period from the effective date
of this ordinance;
"(2) as represented by and committed to by the applicant, construction of the
community park and community recreational center shall commence no later than
December 1, 2000 and be completed no later than November 30, 2001, and the
-4-
construction of the volunteer fire station shall commence no later than September
1, 2001 and be completed no later than February 1, 2002. A maximum 6-month
time extension for completion of the required improvements may be granted by
the Planning Director provided that an agreement is entered into between the
Planning Director and the applicant, its assigns or successors, accompanied by a
surety bond (other than personal surety), certified check or other security
acceptable to the Director, in the sum equal to the cost of all work required to
complete the required improvements with in the extended time period; and
"(3) the applicant shall provide metered potable water service equal to three (3) units
of water, as units are defined by the County Department of Water Supply for use
at the community park. Upon the County's request, the applicant shall also
provide a minimum of one (1) unit of water to its property line to accommodate a
public rest stop.
"All necessary approvals to allow the construction of the proposed facilities within the
project site shall be applied for and secured by the applicant with the construction for the
community park and community recreational center to commence no later than December
1, 2000 and to be completed no later than November 30, 2001, and the construction for
the volunteer fire station to commence no later than September 1, 2001 and to be
completed no later than February 1, 2002, subject to a maximum 6-month time extension
if approved by the Planning Director;"
AI'PLICAIOTT'S REQUEST
17. Seabject Request: The applicant is requesting -with the continued posting of an
appropriate bond or surety - an additional 6-month time extension to complete the park
and volunteer fire station. In its letter of Apri123, 2002, the applicant provided the
following information:
"Requested amendments would be to a) Condition 4(b) and 4(d} of Use Permit No. 74; b)
Condition 3 of Special Permit No. 863; and c) Condition M of Ordinance No. O1 64.
These amendments, if approved, would result in a time extension:
-5-
• to complete the community park and recreational center by November 30,
2002 (extension from May 30, 2002); and
• to complete the volunteer fire station to January 31, 2003 (extension from
July 31, 2002).
"When the most recent time extension was granted, the new owner, Intrawest, did not
own BIIC and was therefore not in a position to assure the timely completion of the park.
Upon assuming control in January, there was less than 4 months to complete the
community center. Given the scope of the project and despite its most diligent efforts,
the new owner is finding that the 4-month period is not sufficient to fulfill its obligation
to the community. Accordingly, Intrawest is requesting no more than ayear - to be
guaranteed by a bond or surety - to complete both the community center and the
volunteer fire station.
18. Supportive Information: See Exhibit A -Request for tines extension from Sidney
F°uke)
STATE AND COUNTY PLANS
19. State Land Use District: The subject properties are located within an area classified as
"Agricultural" by the State Land Use Commission.
20. General Plan LUPAG Map: The LUPAG Map designates the area for "Intensive
Agricultural" and "Extensive Agricultural" uses. Land designated Intensive Agricultural
have relatively fertile soils and are basically used for sugar, orchard, diversified
agriculture and floriculture. Extensive Agriculture basically refers to pasturage and range
lands.
21. County Zoning: Agriculture 1-acre (A-1 a).
22. Special Management Area: The subject property is not situated within the Special
Management Area boundary.
PU>iLIC FACILITIES AND SERVICES
23. Access: Access to the property is from Mamalahoa Highway, atwo-lane highway having
a pavement width of 24-feet within a 50-foot right-of--way.
-6-
24. Water: Water is available to the property.
25. Wastewater: Individual wastewater disposal systems will meet with the requirements of
the Department of Health.
26. Solid Waste: Solid waste generated by the project will be disposed of at the County
landfill at Pu`uanahulu.
27. Pubflic Services: The County's police and fire services as well as medical and
educational facilities are located in Waimea and Kailua-Kona, approximately 20 - 25
miles away.
28. All other essential utilities and services are or will be made available to the property.
AGENCIES' COlVI10'IEN'I'S
29. State I)epartgnent of 'T`ransportation (June 12, 2002 Letter):
"Thank you for your transmittal requesting our review and comments regarding the above
request.
"We have no objections to your granting time extension for completion of the community
park and volunteer fire station as required in the Use Permit, Special Permit and Zoning
Ordinance."
30. I)epartanent of Land anti Natural Ttesources, historic Preservation Division
(1VIay 31, 20021VIe~no):
"1. We believe there are no historic properties present because:
e. other: amendment will have "no effect" on historic sites.
" 2. This project has already gone through the historic preservation review process, and
mitigation has been completed.
This, we believe that "no historic properties will be affected" by this undertaking."
31. Poflice l)epartinent (1VIay 24, 2002 Meano):
"Our staff has reviewed the Change of Zone Ordinance No. 00-105 along with the special
permit time extensions requested by the Big Island Country Club and Estates. The
granting of a time extension will have no effect on police or traffic services."
-7-
32. Department of Land and Natural Resources, Land Division, Engineering branch
(May 7, 2002 Metno):
"Please take not that the project site is located in Zone X (Not Shaded). This is an area
determined to be outside of the 500-year flood plain."
33. Department of Land and Natural Resources, Land Division (May 9, 2002 Letter):
"We have no comment."
34. Fire Department (May 16, 2002 Memo):
"We have no comments regarding the above-referenced amendments."
35. Department of Parks and Recreation (May 13, 2002 Meyno):
"We have reviewed the request for time extensions to the various permits and have not
objections to offer."
36. Department of Environgnental Manageraient (May 2, 2002 Memo):
"Applicant is expected to address the solid waste issues for construction and operation at
the appropriate time."
37. State Land Use Co~nnaission (March 21, 2001 Letter):
"We have reviewed the subject requests as transmitted by your memorandum dated
February 28, 2001, to request a time extension for the completion of the community park
and volunteer fire station and securing final subdivision approval pursuant to the subject
permits and ordinance at Puuanahulu Homesteads, North Kona, Hawaii."
38. Department of Land and Natural Resources, Parks Division (See Exhibit 13 Letter
Dated May 21, 2002)
AGENCIES - NO RESPONSE
39. Department of Water Supply, State Department of Health, Pu`uanahulu
Cogn~nunity Association
APPLICANT'S RESPONSE
40. Applicant's Response to agencies: (See Exhibit C -Letter Dated June 19, 2002)
PUDLIC COMMENTS
41. The Department has not received any written objections or comments from the public or
adjacent landowners on the subject request.
-8-
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, yawaii 96720 • Planning • Variance • Zoning „
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits
• Environmental Reports
Apri123, 2002
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAII
25 Aupuni Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Idequest f®r Tinee Extensi®ras - UP 74, SP 8b3, and Ord. 00-105
Bid Islaa~al Gauntry Club ~i Estates, Tl~K: 7-1-5: Various
Thank you very much for meeting with me recently regarding the subject matter. I
appreciate your time and input into this matter.
Big Island Country Club & Estates Limited Partnership (hereinafter BICC)
respectfully requests a time extension for completion of the community park and volunteer
fire station as required in the referenced Use Permit, Special Permit, and Ordinance.
Summaries of the permitting background, the nature of the specific requests, and the
justifications thereto are outlined below.
GENERAL PERMITTING BACKGROUND
1. Use Permit No. 74, was approved by the Planning Commission with
conditions on March 13, 1990. Said approval allowed the development of a
27-hole golf course, clubhouse and related improvements within a 425± acre
area. To date and pursuant to said Permit, improvements on the site include
an 18-hole golf course, temporary pro-shop and restroom building, golf cart
storage area, and restrooms within the golf course.
Condition 4 of said Permit required the development of a recreational
assessment program acceptable to the Planning Director. Relative to said
condition:
a. July 10, 1991
The Planning Director approved a program consisting of $3 million of
recreational fees in 1991.
~ ifi
_
Mr. Christopher Yuen
Apri123, 2002
Page 2
b. December 9, 1997
Said program was subsequently amended by the Director to allow the
provision of land and construction of a 5-acre community park,
volunteer fire station and related improvements for the community and
approximately $2 million in cash.
c. Apri17, 1999
On April 7, 1999, the Planning Commission amended the Use Permit
and, in so doing, amended the Director's program. The amended
program increased the size of the park to 10 acres and outlined
specific timetables for the subdivision and conveyance of the park site
to the Pu'u Anahulu Community Association (PCA), as well as
completion of the community center/park and volunteer fire station.
Specifically, it required:
• the 10-acre park to be subdivided and conveyed to the PCA within
six (6) months of the approval of a similar amendment to the
rezoning ordinance (Ordinance No. 99-79). This ordinance
became effective on June 23, 1999; and
• the park and community center to be completed by July 31, 2000
and the volunteer fire station by December 1, 2000.
d. March 14, 2000
The Planning Commission amended the Use Permit which resulted in a
time extension to convey the park from December 23, 1999 to June
14, 2000. The park was conveyed to the PCA on or about February
20, 2000. The requirement to complete the park and volunteer fire
station was not changed.
e. July 21, 2000
In the third amendment to the Use Permit, the Planning Commission
granted an extension to:
Mr. Christopher Yuen
April 23, 2002
Page 3
• complete the park from July 31, 2000 to a "start" date of
December 1, 2000 and "completion" date of March 1, 2001; and
• complete the volunteer fire station from December 1, 2000 to a
"start" date of March 1, 2001 and "completion" date of July 1,
2001.
f. Mav 4, 2001
On this date, the Planning Commission granted a fourth time extension
to complete the park by November 30, 2001 and the volunteer fire
station by February 1, 2002. It also allowed the Director to grant an
additional 6-month extension if an appropriate bond was posted to
assure its completion.
g. November 28, 2001
Upon the posting of a $1.460 million bond and the filing of the
corresponding agreement by BICC, the Planning Director granted a 6-
month time extension to May 30, 2002 to complete the community
park. (See Exhibit A).
h. January 29, 2002
Upon posting of a $500,000 million bond and filing of the
corresponding agreeanent by BICC, the Planning Director granted an
additional 6 months to July 31, 2002 to complete the volunteer fire
station. (See Exhibit B).
2. Special Permit No. 863, approved by the Planning Commission on February
17, 1994, allowed an expanded use of the proposed golf clubhouse as well as
the construction of the community park and volunteer fire station. Said
Permit also had a time performance condition (Condition No. 3) relative to the
community park similar to the aforementioned Use Permit.
As such, the permitting histoxy of this permit relative to the community park
and volunteer fire station is similar to the Use Permit described above. You
will note that the agreements contained in Exhibits A and B also reflect this
permit.
.
Mr. Christopher Yuen
April 23, 2002
Page 4
3. Ordinance No. 94-78, although adopted by the County Council on July 6,
1994, became effective on July 3, 1996 with the compliance of Condition 13
relative to the establishment of a water source. This ordinance rezoned the
subject properties from Unplanned (U) to Agricultural (A-1 a), subject to
certain performance conditions relating to, among others, the subdivision of
the property and deadline to convey and develop the community park.
Specifically,
a. July 3, 1996
Tentative subdivision approval was issued fora 121-lot subdivision,
which included 106 1-acre lots and the remaining lots being for the
golf course, roadways, and other non-residential lots. Condition C of
the Ordinance required final subdivision approval to be secured within
five (5) years of the effective date of the ordinance (July 3, 2001). The
Planning I3irector subsequently granted an extension to July 3, 2006 to
complete the subdivision. (See Exhibit C).
b. June 23, 1999
Condition M was subsequently amended (Ordinance No. 99 79) to
reflect the requirement for the additional land for the park land and a
construction timetable for the community center and volunteer fire
station. The amended language is substantively similar to the
Commission's April 7, 1999 amendment to the Condition No. 4 of Use
Permit 74 and Condition No. 3 of Special Permit 863.
c. September 18, 2000
Condition M was further amended (Ordinance No. 00 105) to defer
completion of the park and volunteer fire station to March 1, 2001 and
July 1, 2001, respectively. Again, this language is similar to the
amendments to the subject Use Permit and Special Permit.
d. July 16, 2001
Condition M was amended (Ordinance No. 01-64) to allow for the
additional time to complete the park, with the same extension
Mr. Christopher Yuen
April 23, 2002
Page 5
provision contained in the Special Permit and Use Permit. Condition
H (2) was also amended to include the preparation of a burial
treatment plan.
NATURE OF REQUESTS
For reasons outlined below, the applicant is requesting -with the continued posting
of an appropriate bond or surety - an additional 6-month time extension to complete the park
and volunteer fire station. The requested amendments would be to a) Condition 4(b) and
4(d) of Use Permit No. 74; b) Condition 3 of Special Permit No. 863; and c) Condition M (2)
of Ordinance No. 01-64. These amendments, if approved, would result in a time extension:
• to complete the community park and recreational center by November 30, 2002
(extension from May 30, 2002); and
• to complete the volunteer fire station by January 31, 2003 (extension from July
31, 2002).
These extensions could be accomplished by amending the referenced permits to allow
the Director to grant a 12-month instead of a 6-month extension with the posting of the
appropriate surety or bond. Should that approach be taken and approved, the existing
agreements could be extended. Alternatively, the entire section could be restructured. Either
approach would be acceptable to the applicant.
REASONS FOR REQUESTS
The untimely fulfillment of this condition is a result of conditions that could not
Leave lbeen foresecn and were beyond the control of the current o®vncr/applicant.
On January 10, 2002, Intrawest Corporation completed its acquisition of BICC. It
should be noted that although the extension agreement for the community park was executed
by the former owner of BICC, it was Intrawest who posted the required $1.460 million bond.
Intrawest subsequently executed a time extension agreement and posted a $500,000 bond
relating to BICC's obligation to complete the volunteer fire station.
Although Willocks Construction Corporation was contracted by the former owner
during the latter part of 2001 to perform all of the site work and construct the community
center, the actual work performed was limited to some site work for the park and volunteer
fire station. It is estimated that only about a month's work was done out of this 10-month
Mr. Christopher Yuen
Apri123, 2002
Page 6
project. Since January of this year, Intrawest has aggressively tried to fulfill the commitments
to the community and the balance of the existing entitlements. In this regard, the following
major activities relative to the park have occurred:
• After reviewing all existing construction contracts, Intrawest entered into an
agreement with Willocks Construction Corporation for completion of the site
work and community center. The contractor resumed work in February and
expects to have the site work completed in early May. Vertical construction of
the community center is expected to begin in May and be completed by October.
• Plans for the volunteer fire station have been completed, and bids for its
construction will be solicited in May. A building permit for the station will be
applied for in May and hopefully secured by June 1. Since the site work by
Willocks Construction is underway, vertical construction of the structure is
expected to begin in June with an estimated completion date of December 31,
2002.
When the most recent time extension was granted, the new owner, Intrawest, did not
own BICC and was therefore not in a position to assure the timely completion of the park.
Upon assuming control in January, there was less than 4 months to complete the community
center. Given the scope of the project and despite its most diligent efforts, the new owner is
finding that the 4-month period is not sufficient to fulfill its obligation to the community.
Accordingly, Intrawest is requestuag no more than ayear - to be guaranteed by a bond or
surety - to complete both the community center and the volunteer fire station.
This request would also not be contrary to the General Plan, the Zoning Code,
and the origiaaal reasons for grn~ating of the referenced Special Per'nit, Use Permit, and
Change of Zone.
The General Plan designation of this area is still "Intensive Agricultural" and
"Extensive Agricultural." It is now being proposed for "Rural" by the Planning Director and
Planning Commission, a designation that would not make the requested community park and
volunteer fire station uses inappropriate.
The former and current applicant have expended considerable funds and energy in bringing
not only the overall project but the community park and volunteer fire station to near fruition.
The 10-acre park site has already been deeded over to the Pu'u Anahulu Community
Association (PCA). Further, as noted earlier, plans for the community center and volunteer
fire station have been completed. Construction has commenced, and the site work is nearing
Mr. Christopher Yuen
Apri123, 2002
Page 7
completion. Furthermore, the new owner has posted a bond with the County in the amount
of $1.950 to assure completion of both the community center and voluxiteer fire station.
Additionally, Intrawest is also moving forward with other components of the project.
It is now in the process of selecting an architect to complete the golf clubhouse. The
clubhouse is anticipated to be completed by the end of 2003. The subdivision of the property
is also anticipated to be completed during this period.
Finally, the requested extension would not adversely affeet surrounding
properties. This is a project that has been long awaited by the community. The community
has been understanding and patient. With the commitment - as evidenced by the posting of
the bond and resumption of the construction activity at the park site -displayed by Intrawest,
the community and neighboring properties anxiously await its completion. Accordingly,
granting of this extension request -instead of adversely affecting surrounding properties -
would directly benefit and serve the needs of the community.
Please also find nineteen (19) sets ofthis letter with enclosures; a list of surrounding
property owners within five hundred feet of the project site; filing fee of $6~~ ($250 for the
Use Permit, $100 for the Special Permit, and $250 for the zoning extension); and the real
property tax clearance form.
Thank you very much for your attention on this matter. Should you have questions
on this matter, please feel free to contact me. Thank you very much.
inoerely,
SID Y M. FUKE
Planning Consultant
Enclosures
Copy - Mr. John Currie, Intrawest Corporation
Mr. Steve Cohen, Esq.
Ms. Naomi Kuwaye, Esq.
Ms. Ku'ulei Keakealani, Pu'u Anahulu Community Association
J~tv.os N4~r William Takaba
Harry Kim „ 9
r, ~ Finance Director
,vlayor ~~Idlr„
..M..: ,
..__~.._~.m
. q~,~ O~F,MP'
c®u~ty of
DEPARTMENT OF FINANCE -REAL PROPERTY TAB
865 Piilani Street Hilo, Hawaii 96720-4679 Fax (808) 961-841 ~
Appraisers (808) 961-8354 Clerical (808) 961-8201 Collections (808) 961-8282
75-5706 Kuakini Highway Suite 112 Kailua-Kona, Hawaii 96740 Fax (808) 327-3538
Appraisers (808) 327-3542 • Clerical (808) 327-3540
~~i~jr ~~®~~i~~~ ~
Date: APRIL 19, 2002 TMK (3) ~-1-005-010, 022, 026,
028, 029, 030, 031, 032, 033,
040, 041, 058, and 059.
This is to certify that SIG ISLAND COUNTRY CLUB (owner of record) has paid
their real property taxes for the tax period as indicated below. Therefore, there
are no taxes owing the County of Hawaii for the above-referenced parcel(s).
Effective ti91 .~f1NE 30, 2002,
This property tax clearance was requested by Sidney Fuke for the County
Planning Dept use for this (these) parcels only.
Reference: TX09
By
M. DeVincent, C®Ilections Dept
REAL PROPERTY TAX DIVISION
AGREEMENT
_ a _
- _ T-ISIS--~G~-E~IEN~';
matte; e~c-ecuted
arid-d~-l3~ered-this
=
2.=-`~--day--of No~e~ber,
2001, by and between Big Island Country Club Estates Limited Partnership, hereinafter
called the "Developer," whose business address is 71-1420 Mamalahoa Highway, Kailua-
Kona, Hawaii 96740, and the County of Hawaii, whose business and post office address
is 25 Aupuni Street, Hilo, Hawaii, hereinafter called the "County," through its Planning
Department.
Recitals
A. On May 4, 2001, the County Planning Commission (with a finding that the
approval would not be contrary to the General Plan or the Zoning Code and consistent
with Change of Zone Ordinance No. 00-105 which amended ordinances 99-79 and 94-78
(REZ 767) and Ordinance No. 01-64) approved Developer's request for an amendment.
(the "Amendment") to Condition No. 4 of Use Permit No. 74 (allowing the establishment
of a 27-hole golf course and related improvements) and Condition No. 3 of Special
Permit No. 863 (allowing the establishment and expanded use of the golf clubhouse and
construction of additional recreational facilities), and to Conditions No. 4 and 3;
respectively, each required the construction of a community park and recreational center
(collectively, the "Community Center Facilities"), together with certain fire station
facilities (the "Fire Station Facilities").
B. The Amendment (i) granted the Developer an extension until November
30, 2001, to complete construction of the Community Center Facilities and (ii) required
the Developer to commence construction of the Fire Station Facilities by September 1,
2001, and to complete construction of the Fire Station Facilities by February 1, 2002.
The Amendment also provided that a maximum six-month time extension may be granted
by the Planning Director pursuant to an agreement between the Planning Director and
BICC and the posting of a surety bond or other security acceptable to the Planning
Director in the amount of the cost of the work.
C. The Developer has commenced construction of the Community Center
Facilities, pursuant to Building. Permit No. 015812, date of issuance, June 29, 2001, but
will not be able to complete construction of the Community Center Facilities by
November 30, 2001.
D. Developer hereby requests an extension of time to complete construction
of the Community Center Facilities until May 31, 2002, and agrees to post a surety bond
or other security acceptable to the Planning Director in the amount of $1,430,000 to
secure its obligations to complete construction of the Community Center Facilities by
May 31, 2002.
NOW, THEREFORE, IT IS HEREBY- AGREED, by and between Developer and
County, that:
~E~lI~IT A
_
1. The time for the Developer to complete construction of the Community
Center is hereby extended to May 31, 2002. On or before such date, Developer shall
- ~ - ~ make; install and complete -all of"'the~~ above=mentionedMrequired~-improvements ~ in
accordance with Building Permit No. 01582 for the Community Center Facilities.
2. In the event Developer fails to complete all required improvements within
the time specified hereinabove or such extension as may be mutually agreed upon in
writing, the County, through its Planning Department, and when appropriate, the
Department of Public Works, and Department of Water Supply, may complete or cause
the completion of the improvements and recover the full cost and expense thereof from
Developer.
3. Developer's obligations to complete the improvements as specified in this
Agreement shall be secured by a good and sufficient surety bond, or other security
acceptable to the Planning Director, such bond or other acceptable security to be payable
to the County, and conditioned upon the faithful performance of any and all work
required to be done by the Developer in accordance with the provisions of this
Agreement. Said bond or other acceptable security shall be in the amount of $1,430,000.
4. Upon completion of the Community Center Facilities in accordance with
the terms of this Agreement, the County shall release the bond to the Developer.
5. This Agreement shall be governed by and construed in accordance with
the laws of the State of Hawaii.
6. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and permitted assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year first above written.
DEVELOPER:
BIG ISLAND COUNTRY CLUB ESTATES ,
LIMITED PARTNERSHIP, a Hawaii limited
partnership
By: Spear Development Inc.,
A H aii torpor t'o; , Gener P ner~
f
B
~Noriko Saiga, President
[Additional Signatures on Next Page]
COUNTY:
County of Hawaii, Planning Department
LZ_
By:
Its Director:
APPROVED AS TO FORM AND LEGALITY:
~'~c~
~ Corporation Counsel
STATE OF CALIFORNIA )
)ss
--COUNTY OF SA1~ DIEGO ) _ _ - - - , _ _
On ~ b ~~v~ before me, Ql~_ a/-~.~, P~ personally appeared
/(lar~,~a Sa~f--o proved to me on
the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person, or the entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand and official seal.
_ SUSAN L. OLSON
> Commission ~ 1 163978
` No~ary Public -California z
~\~~'^c San Diego County >
N'~y Ccmm. Expires Jan 1,2002
~.:yv
ter:;-•~-: v~=• H->.
~ j
~ ~ ~ ~ oa
~ . ~ i I _ _
c a ~ ~ f
a.. ~o ,o~,
~ ~ M oI qo' oI CI ~oI ~ ° r N H ~ C °
S.? ~ ar I u o ~ cr- •a C
~ M ~ u ~ ~f °l a'I °'I ~ m ° ~ ~ ~ j
~ A ~i L9 ~ t~ Q J e a
~ ~ ~I ~i~, ~ ~
p ,
m ~ ~ ~ ~ I I ~ ~ ~
~ ( , i I ~ i
w ~ ~ of o! o~~ ~ ~ ~ o ~
~ ~i m ~ s i ~ ~ ~ ~ I f
~ca~ ~ cn ~
F-- ~ ~r~„J min ..fta'~ •(.J~ d
Z I ~ ~ ~ c att c P ~ ~ ~
UG c~F ~ U U ~ C3 ~..OA I°- ~ ~ Std ~ ~ }e+ ~
I~ ~ I~ U o- N :17 S~ 1~ e0 ~`4~ -.~y~P_ m f~ ~ ~ ® f
IQ~ 9 ~ 2244
` ~ !0 ~q`Ssaarse..a o•a ~ ~ a LJ
s
~ ~ ~ ~ ~e
~ ~ ~ ~ ~ - C~
~ ~ o
~ :nom ~ d ~ ~ ~ G
a ~
~ I~ ~ ~ ~ ~ ~~~~N~
~ o~~ ~ ~a
t!u ~ ~ a1J ~ ee m ~ c ~ sr,
~ ` ~ ~ w~ to ea ~ ~ r3
er az ht
~ . _
F. 3lJHd L e;flISZ~5~2~ ' 4 I NO I S.:lf1Z'S-SNO:] S:•1~0'I'I I h1 ' W02I3 I [ ' b I T 0- L 0-rJ(1~d
4;
fond No. 92922~20`~
_.._.n~?erformance
~ond_.~_.._-__---__._._.~_~_...____m..-_______ _ .
KNOW ~4LL MEN~Y THESE I'd~ESENTS:
That we, Int~°awest Co~,~o~°c~tion on behal o~ ig Island Cou~at~°y Club Estates
Li~aaited ~a~tne~shi~., 71-1420 1Vlamalahoa Highway, Kailua-Kona, Hawaii as
Principal, and T/ie Conti~ceutall~asu~ance Com~any, with its Home Office located
at, CNA Plaza, Chicago, IL 60685, a corporation duly licensed to conduct surety
business in the State of Hawaii, as Surety, are held and firmly bound unto County of
Hawaii, 25 A~c~u~ci St~•eet, Hr.'lo, Hawaii, hereinafter called the "County," through
its Planning Department, as Obligee in the sum of: ®ne million four hundred
thirty thousand and 00/100x-m$d,~30,000.00 Dollars, for which payment, well and
truly to be made, we bind ourselves, our heirs, executors and successors, jointly and
severally firmly by these presents.
THE CONDITION OF THE O~LIG~dTION IS SUCH THA7:• WIIEREAS, the
:above named Principal has proposed specific site plan improvements for
construction of a community park and recreational center (collectively, the
;°Community Center Facilities"), together with certain fire station facilities (the
'°Fire Station Facilities"). located in the County of Hawaii and further described in
the attached agreement.
NOW THEREFORE, the condition of this obligation is such, that if the Principal
shall well and truly complete the improvements as referenced herein, this
Obligation shall be null and void, otherwise it shall remain in full force and effect.
Upon completion of the improvements as described above, this bond shall remain in
effect for a period of one year from the date of completion to cover the defective
materials/workmanship warranty period on said improvements.
DATED THIS 27th Day of November, 2001.
Intrawest Corporation on ioehalf of The Continental Insurance Corrapa~iy
Big Island Country Club Estates
LiBnited Bnrtnersh'g---~
,
- ,
By: J~~r< C wrr°'~, Authorized Officer B :Cynthia M. Burnett, Attorney in Fact
~ Hilb, Rogal and Hamilton Company
of Denver ~
P.O. Box 469025
Insuring the Way Denver, CO SD246-9025
Te1303-722-7776 Fax 303-722-8862
Surety hnn(lc ~...1
POVVIaR AT'T®f~tN~Y AaPPOIN°T'INC3 IN®IVI®UAL Afi1`®~?NIsY®IIVmFACI`
Knorr All I~len By These Presents, That THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation and
FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation (herein collectively called "the CIC Surety
Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that
^ they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint T
Courtney T. Peterson, Leon B. Dartois, James S. Rosulek, J. R. Richards, Douglas J. Rothey Susan J.~Rawson, Cynthia M. Burnett,
Individually
of Denver, Colorado
their tn.le and lawful Attorneys}in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same exten4 as if such instruments were signed by a duly authorized officer of their corporati®ns
and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuan4 to and by authority of the By-Laws and Resolutions, printed on the reverse
hereof, duly adopted, as indicated, by 4he Boards of Directors of the corporations.
In Witness Whereof, the CIC Surety Companies have caused 4hese presents to be signed by their Vice President and their corporate
seals to be hereto affixed on this 12th day of October 2000
THE CONTINENTAL INSURANCE COMPANY
~ ~i v''• ~e~raxr o
;_%c~ vy•:, ~ FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY
~.v 2 ~ @~4 . .'•'fF
Marvin J. Cashion Vice President
State of Illinois, County of Cook, ss:
On this 12th day of October 2000 ,before me personally came
Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the Gity of Chicago, State of Illinois;
that: he is a Vice President of THE CONTINENTAL INSURANCE COMPANY and FIREMEN'S INSURANCE COMPANY OF NEWARK,
NEW JERSEY described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to
the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said
corporations and 4hat he signed his name thereto pursuant to like authority, and acknowledges same 4o be the act and deed of said
corporations.
~ ;3~ ##11n~
My Commission Expires September 17, 2001 Diane Faulkner Notary Public
CERTIFICATE
I, Mary A. Ribikawskis, Assistant Secretary of THE CONTINENTAL INSURANCE COMPANY and FIREMEN°S INSURANCE COMPANY OF
NEWARK, NEW JERSEY do hereby certify that the Power of Attorney herein above se4 forth is still in force, and further certify that the By-
Lawand Resolution of 4he Board of Directors of each corporation printed on 4he reverse hereof are still in force. In testimony whereof I have
hereunto subscribed my name and affixed the seals of the said corporations
this 27th day of November 2001
THE CONTINENTAL INSURANCE COMPANY
,~.~r~ 'i ~,5`~,•• ~ ~amraar o FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY
..v i ~~l~o. ~~s
~ ~ Y / 00 C- ~ ~ ~ • ~ ~ 1
= .:~~F
Mary A. Ribikawskis Assistant Secretary
(Rev.12115/1999)
AGREEMENT
~.~.--_=3~_
,~.,~_.~...TH-IS AGR~EME-ITT;
madam--e~ceciat~d=grid=de-l~i~-e-~_e-d thi=s;
i9ct,_,day~.o~ ~I~n-~~r-y;
,~-__..W.....__~-=-
2002, by and between BIG ISLAND COUNTRY CLUB ESTATES LIMITED
PARTNERSHIP, hereinafter called the "Developer", whose business address is 71-1420
Mamalahoa Highway, Kailua-Kona, Hawaii 96740, and the COUNTY OF HAWAII,
whose business and post office address is 25 Aupuni Street, Hilo, Hawaii, hereinafter
called the "County", through its Planning Department.
Recitals
A. On May 4, 2001, the County Planning Commission (with a finding that the
approval would not be contrary to the General Plan or the Zoning Code and consistent
with Change of Zone Ordinance No. 00-105 (which amended ordinances 99-79 and 94-
78 (REZ 767) and Ordinance No. 01-64) approved Developer's request for an
amendment (the "Amendment") to Condition No. 4 of Use Permit No. 74 (allowing the
establishment of a 27-hole golf course and related improvements) and Condition No. 3 of
Special Permit No. 863 (allowing the establishment and expanded use of the golf
clubhouse and construction of additional recreational facilities), and to Conditions No. 4
and 3, respectively, each required the construction of a community park and recreational
center {collectively, the "Community Center Facilities"), together with certain fire station
facilities (the "Fire Station Facilities").
B. The Amendment (i) granted the Developer an extension until November
30, 2001, to complete construction of the Community Center Facilities and (ii) required
the Developer to commence construction of the Fire Station Facilities by September 1,
2001, and to complete construction of the Fire Station Facilities by February 1, 2002.
The Amendment also provided that a maximum six-month time extension may be granted
by the Planning Director pursuant to an agreement between the Planning Director and
Developer and the posting of a surety bond or other security acceptable to the Planning
Director in the amount of the cost of the work.
C. Although work has commenced on the Fire Station Facilities, it cannot be
completed by the required date of February 1, 2002. It can be completed within six
months of said datz or July 31, 2002.
D. Developer hereby requests an extension of time to complete construction
of the Fire Station Facilities until July 31; 2002, and agrees to post a surety bond or other
security acceptable to the Planning Director in the amount of $500,000 to secure its
obligations to complete construction of the Fire Station Facilities by July 31, 2002.
NOW, THEREFORE, IT IS HEREBY AGREED, by and between Developer and
County, that:
1. The time for the Developer to complete construction of the Fire Station
Facilities is hereby extended to July 31, 2002. On or before such date, Developer shall
E~II~IT ~
_ _ _
make, install and complete all of the above-mentioned required improvements in
accordance with Building Permit No. 01582 for the Fire Station Facilities.
2. In the event Developer fails to complete all required improvements within
the time specified hereinabove or such extension as may be mutually agreed upon in
writing, the County, through its Planning Department, and when appropriate, the
Department of Public Works, and Department of Water Supply, may complete or cause
the completion of the improvements and recover the full cost and expense thereof from
Developer.
3. Developer's obligations to complete the improvements as specified in this
Agreement shall be secured by a good and sufficient surety bond, or other security
acceptable to the Planning Director, such bond or other acceptable security to be payable
to the County, and conditioned upon the faithful performance of any and all work
required to be done by the Developer in accordance with the provisions of this
Agreement. Said bond or other acceptable security shall be in the amount of $500,000.
4. Upon completion of the Fire Station Facilities in accordance with the
terms of this Agreement, the County shall release the bond to the Developer.
5. This Agreement shall be governed by and construed in accordance with
the laws of the State of Hawaii.
6. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and permitted assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year first above written.
DEVELOPER:
BIG ISLAND COUNTRY CLUB
ESTATES LIMITED PARTNERSHIP, a
Hawaii limited partnership
By: Intrawest Hawaii, Inc.
Its General Partner
ohn Currie, Vice President
[Additional Signatures on Next Page]
COUNTY:
County of Hawaii, Planning Department
Its Director:
APPROVED AS TO FORM AND LEGALITY:
Deputy Corporation Counsel
~3ond No. 92922721
Subdivision._Im~zc~~.~m~nts ~erforman~e ~ond__.
KNOW ALL MENBY THESE PRESENTS:
That we, Intrawest Corporation ou behal~o,~ Big Island Country Club Estates
Limited Partnership., 71-1420 Mamalahoa Highway, Kailua-Kona, Hawaii as
Principal, and The Contine~~tallnsaarance Coa~aPany, with its Home Office located
at, CNA Plaza, Chicago, IL 60685, a corporation duly licensed to conduct surety
business in the State of Hawaii, as Surety, are held and firmly bound unto County of
Hawaii, .25 Au~uni Street, Hilo, Hawaii, hereinafter called the "County," through
its Planning Department1 as Obligee in the sum o£ Five hundred thousand and
0®/1f10---~SD~I,~t~€I Dollars, for which payment, well and truly to be made, we
bind ourselves, our heirs, executors and successors, jointly and severally firmly by
these presents.
7'HE CONDITION OF THE OBLIGATION IS SUCH THA7:• WHEREAS, the
above named Principal has proposed specific site plan improvements for
construction of certain fire station facilities (the "Fire Station Facilities"). located in
the County of Hawaii and further described in the attached agreement. Said Fire
Station Facilities are to be completed by July 31, 2002 or such extension(s) as may
be mutually agreed upon in writing by developer and county.
NOW THEREFORE, the condition of this obligation is such, that if the Principal
shall well and truly complete the improvements as referenced herein, this
Obligation shall be null and void, otherwise it shall remain in full force and effect.
Upon completion of the improvements as described above, this bond shall remain in
effect for a period of one year from the date of completion to cover the defective
materials/workmanship warranty period on said improvements.
DATED THIS 31st Day of January, 2002.
Intrawest Corporation on behalf of The Continental Insurance Company
dig Island Country Clubb Estates
Limited Fanner ip
H v
~~;L ,Authorized Officer Cynthia M. Burnett, Attorney in Fact
Hilb, Rogal and Hamilton Company
..c ~ ~
Surety bonds and insurance
POWER O~ ~T•T•06~N~Y ~F'POIN7"ING IN®IVI®11~L ATfiOFZNI~Y-IN-~ACfi
Know All Men By These Presents, That THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation and
FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation (herein collectively called "the CIC Surety
Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and th
- they do by-virtueof the-signature and seals herein~affixed hereby-make; constitute and appoint ~ ~ - ~
Courtney T. Peterson, Leon B. Dartois, James S. Rosulek, J. R. Richards, Douglas J. Rothey, Susan J. Rawson, Cynthia M. Surnett
Individually
of Denver, Colorado
their true and lawful Attorneys}in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporation
and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
hereof, duly adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CIC Surety Companies have caused these presents to be signed by their Vice President and their corporate
seals to be hereto affixed on this 12th day of October 2000
"'"'~~^~w THE CONTINENTAL INSURANCE COMPANY
. j;~P~ ~~~°M~~N~•®a
~ FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY
Marvin J. Cashion Vice President
State of Illinois, County of Cook, ss:
On this 12th day of October 2000 ,before me personally came
Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois;
that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY and FIREMEN'S INSURANCE COMPANY OF NEWARK,
NEW JERSEY described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to
the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said
corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said
corporations.
?eeeeeeoeeoeeee®e~eeeoleeeeeee~
e ~1P'48~~ IPBYi81~Flb®~~ e .
~4,,e~e.e i~r~~~®~ Illln~ e
~~®e®®e®®®eeg®®®ee®ee®e~®000
My Commission Expires September 17, 2001 Diane Faulkner Notary Public
CERTIFICATE
I, Mary A. Ribikawskis, Assistant Secretary of THE CONTINENTAL INSURANCE COMPANY and FIREMEN°S INSURANCE COMPANY OF
NEWARK, NEW JERSEY do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-
Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof 1 have
hereunto subscribed my name and affixed the seals of the said corporations
this 31st day of January 2002
u,,,,,~~.",w„~ THE CONTINENTAL INSURANCE COMPANY
;'~P~. ~'~'i?,p••,, YE'~~°•~PA~r.?~`~ FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY
Mary A. Ribikawskis Assistant Secreta ry
JUN-2'J--02 THU 01:28 PM P1~ b Debt Kona FAX:808 327356' PAGE 4
. ~6 or wy
• a'l 4•sa ~ y
' ,
BSN.FAIWIN J. CAYET4N0 1 ~ ' • GlLOERT S. COLOkBA•AQatswta
QOIIERNOR Oc nAwAy [ CMAIRpERSON
a~ 8 uoASap 0? uuvP A,vb Nar~Ra~ aC,o4.'+eeE&
V•C~ •JAFlCT T. KAYdlLA
l v~,~,wz,~ QEPUT, bn=CC'fpgp
1 A°i~~'~'~+rt~ i~m"?BSO~~b LINNEL7 A57Sq&OKl1
pcwve. PeRFLTOR >:Ora
l)EPAF3TNlEN°f ®F LANES AF#~ NATURAL $~ES®URd.'ES TIrE CONa4!SSwN ON waYER
AE6O47AGE MAN0.0EMENP
OfVPS10fV O~ SPATE PARKS
• P, 0, ®OX 62 f AauAnc ResouRCey
DOATbdG ANp OCEAN RECREATION
HOPVdLUC.U, HAWAII 96809 co~+n4lsslaN CN lVaTER REbOVRG~
A4aNROEM€NT
' GCNSoRVAri9N AN4 AESOVRCES
r'n ENfORCESI.6NT
May 21, ZUU2 CONVEYANCEfi
FORE57Ra eWb wubufE
xiBTORIC PREBfiRVATIOM
" xANOgcaV,o! ~SI.*Nb hE9E4vE
! COMMf$SlON
• ~l~'.A~l~l'7 l V JJU~ ~T& iAPKS
To: Dierdre S. Mazniya, A,dministxator
Land Division
prom: T]aniel S. Quinn, State Parks Administrator
Subject: Big Island Countxy Club and estates I.,zrrrited I~artne$ship Arr~endment to
Change of Zox<e ®rdixrarace; TIddIC.: 3rd/ '~-1-05: 09, IQ, 22< 26, 28-34, 39-41.,
58 and 59, X'u'uanaktulu Hoanesteads, North lKona, Hawaii
`I'he re nest for a Erne extension to complete the community park and volunteer fire
statiori~as been reviewed,
• The natural and cultural resources of 1'u'uwa'awa'a and i'u'uanahulu calls for
management of tissues relating to restoration of alative plant/animal ecosystems, .
• preservation of cultural resources, reforestation, research, public education, pasture
managesxiexat, xaature education, and eco-tourisa'n activities. In order to ensure that
these diverse issues are tip ropriately addressed, a regional approach is r 'sired. In its
wisdorx?, the Board of I,an~and Natural feesources approved setting aside ~ elands
surrotandu~g the pra~osed p~°oject area to the Division of Forestry and Wildlife
(DDI~AW) and the Y7YVision of State Parks. Earlier, two major interested panties had
proposed an ahupua'a multi use xrtanagement concept, however, the Board had
concerns regarding the soundness of the business rx+anagement plains of both parties,
risks associated with fire and protection of the resources.
All areas mauka of Queen ICaahumaz~u Highway have been set aside to DOFAW to
• manage and reserve the natural, cultural and recreational resources and to restore the
native plant~nitnal ecosystems. 1'he coastal resources on State lands rnakai of queen
TCaahiarnanu Highway are be3n~ managed by State Parks. t3y August 2002; an
integrated management plan will have been prepared that wall outline management
strategies for this area.
• In light of this particular project which would pz~ovide a means to address public
recxeation and fire protection issues, we support the request to the County for the tune
extension. 'hank you for the opportunity to review and comment on the sub'ect
proposal. Should you have questions, please cor?tact Lauren Tamaka at 5$7-023.
• ~f~~
^'~av~4®4i i4QG{~~~~y~y~
x`~ r r i .ICJ
~ -
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance ~ Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits
June 19, 202 • Environmental Reports
Mr. Christopher Yuen, Director
County Planning Department ,
101 Pauahi Street
Milo, h~ll 96720
Dear Mr. Yuen:
Subject: Time Extension Requests dig Island Country Club &
Estates SPP X63 and RiE~ 767, TMK: `~-1-5: 9, 10, et al.
Thank you for providing me with a copy of agency comments to date regarding
the subject matter. In response to those comments, please note the following:
Department of Environmental Management
The request is to enable the applicant to complete construction of a community
center and a volunteer fire station for the community of Pu'uanahulu. The community
center is already under construction and is anticipated to be completed within the next
two months. We are awaiting issuance of a building permit for the volunteer fire station,
and hopefully, construction will begin within the next month.
There is very little, if any, on-site material waste. Material had to be imported to
create the park and building pads. Essentially, then, all "green waste" was processed
and used on-site. Like any construction project, there will be some inevitable waste
material. Please note, however, that due to budgetary constraints, the contractor has
been encouraged to "stretch" the material.to construct this project. That has helped to
reduce some amount of construction waste. Further, the wood waste has been
processed and used on-site.
Once the center is available to the community, all of the green waste is expected
to be kept on site. Further, separate trash bins will be placed at the center to encourage
recycling.
Department of Land and Natural Resources
We concur with and appreciate the supportive comments of the DLNR.
Should there be further comments or questions on this matter, please feel free to
contact me. Thank you very much.
in r
. FUKE
Planning Consultant
Copy @DLNR
DEM
SICCE w/ enclosures
_ _ .
t-.
-3'
4
a'
~~I~~R`1`Il~INT' ®F WAT~~ SU~I~~Y C®lJlel~`Y @~~d!l/~II
0
~y- 345 KEKUANAOA STREET, SUITE 20 HILO, HAWAII .96720
}~F Hr~V P."'~
TELEPHONE (8081 961-8050 FAX (808) 961-8657 _
June 27, 2002
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CIIANGE OF ZONE ORDINANCE NO.00-105
WIIICI-I All~IENDS ORDINANCE NOS. 99-79, 94-78 (REZ 767)
RE: CONIIITIONS 1VI AND 1VI(2) (COIVIPLETE CONSTRUCTION)
SPECIAL I'ERIVIIT NO.863 (SPP 863)
RE: CONDITION N0.3 (C019VIPLETE CONSTRUCTION)
USE PERIVIIT NO. 74 (USE 74)
RE: CONDITION N0.4 (COlVII'LETE CONSTRUCTION)
APPLICANT g DIG ISLAND COUNTRY CLUD AND ESTATES
TAX 1VIAI' I~EY 7-1-005 009, 010, 022, 026, 028-034, 039-041, 058, AND 059
We have reviewed the subject application and our only comment is that the water system serving this
project is privately owned and operated.
Should there be any questions, please call our Water Resources and Planning Branch at 961-8070,
extension 1.
Sincerely yours,
~ Mil on .Pavao, P.E.
M age
BCM:sco
copy - Big Island Country Club and Estates
Mr. Sidney Fuke
"
7i(/ate~ d ~ro~re~~...