HomeMy WebLinkAboutCOM 0687.083 2004-2006
~ i
FIRST EXTENSION OF THE UNIVERSITY OF HAWAII CENTER:
WE5T HAR'AII AMENDED AND RESTATED
MEMORANDUM OF CiIYDERSTANDING
- f~PR 1 fi .2006
[Preamble]
The University of Hawai' i identified a S00 acre parcel of vacant land east of the
Keahole Airport (within Tax Map Key parcel [3] 7-3-10-42) as a suitable site far a
permanent campus. for the West Hawaii Center.
Hiluhitu Development, LLC ("Hituhilu'") owrrs the parcel of land (TMK [3] 7-2-
S-1)adjacent to the north boundary of the Gniversity of Hawai'i's 500 acre site.
On November 21, 2002, the University of Hawaii and Hiluhilu entered into a
Memorandum of Understanding to begin discussions on development of a University
Village and to provide infrastructure for the University's initial relocation of the LVest
Hawaii Center. On April 16, 2004, the University of Hawaii and Hiluhilu entered into
the Universiiy of Hawaii Center: West Hawaii Amended and Restated Memorandum of
Understanding (Amended MOCl} which expires on April I5, 2006.
The University of Hawaii and Hiluhilu have continued discussions using the
principles outlined in the Amended MOU. Those discussions included the routing of the
new roadway to be constructed on State land between Kaiminani Drive and the Hiluhilu
land. "that roadway will provide access for the West Hawaii Center.
On June 13, 2005, the State Land Use Commission approved Hiluhilu's Petition
for Reclassification. Hiluhilu has a rezoning application pending with the County of
Hawaii. Said rezoning application must be approved by the County Council. Such
approval is not expected by April 15, 2006.
Hiluhilu has expressed its willingness to continue its discussions with the
University of Hawaii under the principles of the Amended MOU, to make available the
shared infrastructure described in the Amended MOii for the University's initial
relocation of the West Hawaii Center.
Hiluhilu is also prepared to continue discussions with the University of Hawaii to
build and lease of'Fice and classroom space within the portion of the university Village
located on the Hiluhilu land under the principles of the Amended MOU.
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Ref. Toe ~,na~tN
Red. Date
. ,
Statement of Understanding
L Extension of Amended MOU. The Amended MOU shall be extended to expire
automatically twelve (12) months after April 16, 2006 unless extended by mutual written
agreement. Either party may terminate the Amended MOLT at any time prior to the
extended expiation date for any reason, upon thirty (30) days notice to the other party.
II. Coniinued Applicability of the Amended MOU. Except for the extension of the
expiration date, the terms and conditions of the Amended MOU, a copy of which is
attached as Exhibit A shall continue to apply.
III. Non Exclusivity. As provided in Section ITI.S. of the Amended MOii, the terms of
the Amended MOU a*e not an exclusive agreement. Either party may explore other
development options.
IV. Incorporation of Conditions. Specific agreements between Hiluhilu and the
University shall be consistent with applicable terms and conditions required by state or
county land use or planning agencies, such as the State Land Use Commission and the
County Council for the County of Hawaii.
Signed on this day: , j(jN ~ r3 z~
UNNERSITY OF HAWAII HILUHILU DEVELOPMENT, LLC
Cu.'. sy: f+~ l
Its Manager
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