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Roy R. Takemoto
DeOUry Director
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l0i Pauahi Street, Suite 3 ° Hilo, Hawaii 96720-'5043
(808)951-828K Fax(80R)951-8742
August 30, 'LOOS
Rae M. Loui
Assistant Superintendent
Department of Education
P.O. Box 2360
Honolulu, HI 96804
Dear Ms. Loui:
Change of 'Lone Ordinance No. 92-40 (REZ 710)
Applicant: Kohala Ranch, LLC
Subject: Compliance with Condition K
Tax Map Key: 5-9-O1: Portion of 10; 5-9-09: Potion of 54;
5-9-10: 31-55, 57, 58, 60 and Portion of 56; and 5-9-11:1
Kahua ls` Kahua and Waiki, North Kohala, Hawaii
Thank you for your letter dated August 17, 2005 regarding the compliance of
Condition T for the above listed ordinance. We have reviewed the submitted draft of the
Educational Contribution Agreement for Kohala Ranch Project IV and find it acceptable.
If you have any questions, please feel free to contact Jeff Darrow at 961-8288.
Sincerely,
L--_
CHRISTOPHER J. EN
Planning Director `
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P:AW P W IN60UE FF\Letters\ComplianceALkohalaranchConditionTREZ710-School(DOE).doc
cc w/copy of letter: ?~IaWall County Council
Planning Commission
Planning Department-Kona
William L. Moore
Hawaii County is an Equal Opportunity Provider and Employer Ccmm. No. 2.3
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DEPARTMENT OF EDUCATION
P O. BOX 2360
HONOLULU, HAWAII 96804
OFFICE OF BUSINESS SERVICES
August 17, 200_i
Mr. Christopher J. Yuen
Planning Director
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Yuen:
Subject: Approval of the Educational Contribution Agreement for
Kohala Ranch -Project IV Change of Zone Ordinance No. 92-40
TMK: 5-9-01: 10 and 5-9-10:31, 43, 54 (por), 57, 58, & 60;
Kahua Is` Kahua and Waika North Kohala, Hawaii Island
According to Condition T of the County of Hawaii's Zoning Ordinance No. 92-40, the Planning
Director must approve the agreement for Kohala Ranch's pro rata share for school facilities.
The Department of Education (DOE) has come to an agreement with Kohala Ranch and we are
submitting a draft for your review. The agreement also requires the approval of a deputy attorney
general.
If you have any further questions, please call me at 586-3444 or Heidi Meeker of the Facilities
Development Branch at 733-4862.
Sincerely,
I~~~~~~V ~ ~ U
Rae M. Loui
Assistant Superintendent
RML by
Attachment
ec: Art Souza, CAS, Honolcaa/Kealakehe/Kohala/Konawaena Complex Area
AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER
!~~ucational a:®ntribution Agreement for
KOHALA RANCH PROJECT 1V
THIS INDF,NTURE, made this day of by and
between KOHALA RANCH LLC, hereinafter referred to as "Kohala Ranch" whose
principal place of b,_sir,ess and mailing address is 59-916 Kohala Ranch Road, Kamuela,
Hawaii 96743, and the State of Hawaii DEPARTMENT OF EDUCATION, hereinafter
,,y:
_a
~_.r _ _ ~ ,
Support Services Branch, 809 8`h Avenue, Honolulu, Hawaii 96816.
WHEREAS KOHALA RANCH is the developer and recorded owner of that certain
parcel of land comprised of approximately 1,280 acres and identified as Tax Map Key
parcels 5-9-01:10 and 5-9-]0: 31, 43, por. 54, 57, 58, & 60, also known as "KOHALA
RANCH PROJECT IV;"
WHEREAS the KOHALA RANCH PROJECT IV is anticipated to contain no more than
a total of 1,44D-single family and multi-family residential units in the entire project;
WHEREAS KOHALA RANCH and DOE have mutually agreed that the educational
contribution set forth in this Agreement will satisfy al] DOE fair-share requirements for
KOHALA RANCH PROJECT IV, based on a maximum of ],490 residential units;
NOW THEREFORE, KOHALA RANCH and DOE agree as follows:
1. The basis of the KOHALA RANCH PROJECT IV fair-share contribution will be
ONE THOlJSAND ELEVEN DOLLARS ($1,011) per residential unit. Payment will
take the form of cash or the construction of school facilities at one of DOE's North
Kohala schools.
2. After finalizing this Agreement, KOHALA RANCH will proceed and use best
affords toward the c:o,~aruction of a portable classroom at Kohala Middle School, prior to
the beginning of the 2005-2006 school year, provided that it complies with the following
conditions:
a. Kohala Ranch's selection of the contractor shall be the ]ow bid from among a
rninim~am of three (3) written bids for the construction work;.
The classrc~ m's site and design shall be approved in u~-iting by the DOE prior
to the star( of construction; and
c. ; ,ny cnang~ cyders snati oe subject ro dye appruvai oi' uGb,; providea tur[her
that
Kohala Ranch shall have the option of securing a sole source bid or selecting a contractor
based on less than three bids. Should this option be selected, Kohala Ranch's credit shall
be limited to $250,000 regardless of whether or not the final construction costs exceed
this amount.
3. Kohala Ranch shall receive a credit in the amount of $250,000 for the
construction of the initial portable classroom; provided that in the event the actual total
construction cost exceeds $250,000, Kohala Ranch shall also receive credit for the
amount of the construction costs in excess of $250,000 if Kohala Ranch complies with
the conditions a,b,c in Section 2 of this agreement.
4. In addition to funding the construction of the initial portable classroom as
described above, Kohala Ranch, at the election of the DOE within three (3) years of the
effective date of this Agreement, shall either:
a. pay to the DOE the difference between (I) $250,000 or a higher amount that
may be approved by the DOE based on the actual total construction cost of the
initial portable classroom and (2) the sum of $500,000, or
b. shall construct other educational facilities or improvements within the North
Kohala or South Kohala Districts of the DOE Honokaa-Kealakehe-Kohala-
Konawaena Complex at a cost that does not exceed $250,000 or, in the case
where the DOE approves a total construction cost in excess of $250,000 for
7/28/200 2
[.u tl~~ Il~ld~uYd yuvri ri~tlY Ua5'*ua C1tJ11 Y, ~ oU~el :.l1Uaa i~~ try Jll i~.i ~~AdJt Gi;~ib o,c.yi .r i~€ au.~d.lAa
total cost fwr the mitia] portable e lassroom and $500,000.
5. The total valuation of Kohala Ranch's obligations for accelerated payments or
performance in lieu thereof, as set forth above, shall be $500,000 and shall
constitute payment of fair share payments for the first 494 residential lots/units
within the subject project. Kohala Ranch's construction of an initial portable
lots/units ($250.000/$],011) that Kohala Ranch develops, including its initial,
pending subdivision of 41 lots residential lots. In the event that Kohala Ranch's
costs should exceed $500,000 in compliance with paragraphs 1 and 2 above,
Kohala Ranch would be credited for fair share payments for additional lots/units
pro rata for the amount in excess of 500,000.
6. The creation of residential lots/units in excess of the first 494 lots/units shall be
subject to the payment of $1,011 per lot/unit which shall be paid within thirty (30)
days of final subdivision approval in the case of the residential lots or within thirty
(30) days of the issuance of an occupancy permit for any multi-family structure.
7. The terms of this agreement shall be binding upon KOHALA RANCH LLC or its
successors or assigns.
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement the
day and year first above written
KOHALA RANCH LLC
gy Date
Robert Acree
Its President
7/28/2005 3
L~FPA'i?T1V(_F.NTOu; r+rt1~;~,TrcON
gy Date
Patricia Hamamoto
iii}vcCt77tr-nriFnT
Approved as to form:
gy Date:
Deputy Attorney General
State of Hawai' i
STATE OF HAWAI'] )
ss.
CITY AND COUNTY OF HONOLULU )
On this day of ,before me personally appeared
,Superintendent of the State of Hawaii DEPARTMENT
OF EDUCATION, to me known to be the person described in and who executed the
foregoing instrument, and acknowledged that she executed the same as her free act and
deed.
Notary Public, State of Hawai' i
My commission expires:
7/28/2005 4
d ,4 1 ~ ~U9- iv F* Yd tM.P e 1
SS.
~CLTNT`,' tJF )
inn this day of _ , before me personally appeared
of 1{OHALA RANCH LLC, to
acknowledged that he executed the same as his free act and deed.
Notary Public, State of Hawai' i
My commission expires:
7!28/2005 5
~T~Y. r~7~~ ssl
(Draft 2)
~R~INA1_mT(;~' N~a 92 40
-_a.~ ~_y ~_~Y, a;dc. ~._edL x, s, -_~i .y .j C: L.n .t i; °~:iY. OtY LYi rl ;',Nll 3U'J~lri IIIVPiE~LA
DISTRICT ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE
HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-20a) TO SINGLE FAMILY RESIDENTIAL (RS-20), VILLAGE
COMMERCIAL (CV-10), MULTIPLE FAMILY RESIDENTIAL (RM-4) AND OPEN (O)
AT KAHUA 1ST, KAHUA AND WAIKA, NORTH KOHALA, HAWAII, COVERED BY TAX
MAP KEY 5-9-O1:PORTION OF 10; 5-9-04:PORTION OF 54; 5-4-10:31-55, 57,
58, 60 AND PORTION OF 56; AND 5-9-11:1.
BE IT ORDAINED BY "PHE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95A, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following area
situated at Kahua 1st, Kahua and Waika, North Kohala,
Hawaii, shall be Single Family Residential (RS-20):
PARCEL 1:
Beginning at the North corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU PILI" being
9,445.37 feet South and 25,550.13 feet West, thence
running by azimuths measured clockwise from True South:
1. 290° 00' 988.24 feet along the remainder
of Ld. Ct. Cons. 117;
2. Thence along the remainder of Ld. Ct. Cons. 117, on a
curve to the right with a
radius of 860.00 feet, the
chord azimuth and distance
being:
322° O5' 913.58 feet;
Phe solid waste disposal needs of the project. The processing
Facility shall be open and operational prior to the occupancy
of the first residential unit within the project area and shall
_p~rated and .r~ainLained priratelya Zn addition, tha
applicant shall }?ay its fair share cont:ribiation of X235,000 as
. e_.: ~~z _.o nsuriie~ mice iZid eat
(CPI). The fair share contribution shall be paid in accordance
with the provisions in Condition R. Upon construction of a
future public solid waste processing facility serving the
Kawaihae region, the applicant shall be entitled to use such
public: facility for the processing of the project's solid waste
and may terminate the private facility within the project area;
(T) the applicant shall work with the State Department of
Education and Planning Department to provide its pro rata share
for school facilities. The pro rata share determination and
its implementation (i.e. construction of classrooms or funding)
shall be approved by the Planning Director, in consultation
with the Department of Education, in conjunction with final
subdivision approval of any residential subdivision or final
plan approval for any area of development; (U) the applicant
shall disclose to all potential buyers of lots or units within
the proposed project that internal infrastructure and community
facilities shall be developed and maintained privately and that
the County is not obligated to construct any public facilities
within the project area; (V) the applicant shall inform all
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