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HomeMy WebLinkAboutCOM 0561.000 1996-1998 ~e?I•"`.W,~ Virginia Goldstein Stephen K. Yamashiro ~ Director Mayor Russell Kokubun ~ Deputy Director 7rt'O1•N'~ ~IIlxlt~~t II~ ~2lfttMit PLANNING DEPARTMENT 25 Aupuui S[ree[, Room 109 • Hilo. Hawaii 96720.4252 (808) 961.8288 • Fax (808) 961.8742 t October 29, 1997 n ~ ~ , Steven S.C. Lim, Esq. Carlsmith Ball Wichman Case & Ichiki Attorneys at Law _ 121 Waianuenue Avenue Hilo, Hawaii 96721-0686 Dear Mr. Lim: Change of Zone Ordinance No. 92-76, amending by Ordinance No. 89-77 (REZ 632) Applicant: Western Pacific Development, Ltd. (Alii Lani Townhome Project) Request: Annual Progress Report and Release from Requirement (Condition ~ Tax M;tp KP,y 7-5-?0.73 7d and 75 This is to acknowledge receipt of your letter dated September 10, 1997 providing an annual progress report for the above-referenced ordinance. Thank you for complying with this requirement. In same letter, you also request to be released from submitting further annual reports for Ordinance No. 92-76. Although, substantial conditions have been complied with, as demonstrated in your report, still outstanding is Condition G, which requires that all construction be completed within three years of the commencing of construcflon. Building permits were issued on February 28, 1995, therefore construction shall be completed by February 28, 1998. Upon completion of all construction, we shall deem all conditions of Ordinance No. 92-76 complied with and no further annual reports shall be required. Hereinafter, since all conditions, with the exception of Condition G, have been complied with, your annual report need only to mention the status of Condition G. Ooow? li.. D1b r.. Z ~ aer. zb: ftet. gate ~ 3 01997. Steven S. C. Lim, Esq. Page 2 October 29, 1997 Should you have any questions or require further assistance with your request, please contact Susan Gagorik or Phyllis Fujimoto of our department at 961-8288. Sincerely, Jam, ' ~ <~~~-e.- ~/vixGINIA GOLDSTEIN /v~ Planning Department SG:jkg f: \wp win60\lalii 101. skg w w/attach: Planning Commission Hawaii County Council- West Hawaii Office CARLSMITH BALL WICHMAN CASE St ICHIIQ ATTORNEYS AT LAW A PARTNERSHIP INCLUDING LAW CORPORATIONS 121 WAIANUENUE AVENUE POST OFFICE BOX 686 HILO, HAWAII 96721-0686 TELEPHONE (808) 935-66dd DIRECT DIAL NO. FAX (BOB) 936-7975 OUR REFERENCE NO. (808) 935-6644 037114-1 September 10, 1997 Virginia Goldstein Planning Director County of Hawaii _ 25 Aupuni Street Hilo, Hawaii 96720 Re: 1997 Annual Progress Report/Request for Release from Reporting Ordinance No. 92-76 (amending Ordinance No. 89-77) Project: Alii Lani Townhomes Tax Man Kg; • 7.5-~n•73 7d and 75 Dear Ms. Goldstein: Pursuant to Condition Q of Ordinance No. 92-76, which rezoned the subject property from an Unplanned (U) to a Multiple Family Residential (RM-2) designation effective June 25, 1992, applicant WestPac Development Venture (hereinafter the "Applicant") submits herein its 1997 annual report discussing its compliance with the substantive conditions of rezoning approval, listing in order the governmental "('ONDITION" and the Applicant's "RESPONSE" to same. Applicant also respectfully requests herein that the Planning Director acknowledge that no further annual reports are required, given Applicant's substantial compliance with the change of zone requirements set forth in Ordinance No. 92-76. Condition A: The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; gel} o~ nse: Applicant has complied with the substantive conditions of rezoning approval for the project. f 9n~~ 2002129.1.037114-1 HONOLULU KAPOLEI HILO KONA • MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO CITY Virginia Goldstein Planning Director September 10, 1997 Page 2 Condition B: The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the change of zone. : he zoning on the property shall not be in effect until the payment is accepted by the Department of Water Supply and a water commitment is formally issued; $egpQpge: By letter dated October 4, 1989, the Department of Water Supply (DWS) acknowledged receipt of the required $58,800.00 water commitment deposit. F him bit A-1 attached hereto. By letter dated May 21, 1996, the DWS acknowledged that "...the developer had effectively and in good faith complied with the conditions of the grace period granted by the Water Commission for payment of the facilities charge at the $1,800 per unit rate." E. him bit A-2 attached hereto. By letter dated June 6, 1996, the Department of Water Supply further acknowledged "...payment of the required facilities charge balance and capital assessment fee of $94,500.00 and $45,000.00, respectively." Exhibit A-3 attached hereto. Condition C: Plans for the consolidation of the affected properties shall be submitted within one year from the effective date of the change of zone; $~g~~: By letter dated April 19, 1990, the Planning Department granted final approval of the consolidation of the affected parcels into one parcel identified as Tax Map Key 7-5-20:73. Exhibit B attached hereto. Conditon D: The applicant shall construct the access from Alii Drive according to the requirements of the Department of Public Works. Also, alert-turn storage lane shall be constructed, meeting with the approval of the Department of Public Works; 2002129.1.037114-1 Virginia Goldstein Planning Director September 10, 1997 Page 3 Response: On April 24, 1995, Applicant and the County of Hawaii entered into a Memorandum of Agreement regarding construction of the project access with Alii Drive, and Applicant has since completed construction of channelization with Alii Drive as approved by the Departme,-.t of Public Works. Exhibits C and F attached hereto. Condition E: The applicant shall construct an access road to the mauka boundary of the property. The access road, or stub-out, which shall serve as a mauka access when the Alii Highway is completed, and other improvements as may be required, shall be designed and constructed according to the requirements of the Department of Public Works. The location of this access road shall meet with the approval of the Department of Public Works. Response: Please see response to Condition D above, and Exhibit C attached hereto. Condition F: Final Plan Approval for the entire development shall be secured from the Planning Department within six (6) months from the effective date of this amendment. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured; Resnonse: Final Pian Approval was secured on April 29, 1993, and an amended Final Plan Approval was granted on October 14, 1994, on the condition that construction commence by Apri129, 1995 and be completed within three years thereafter. F. hibits D-1 and D-2 attached hereto. 2002129.1.037114-1 Virginia Goldstein Planning Director September 10, 1997 Page 4 Condition G: Construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within three yeazs thereafter; $~gonse: Project construction commenced on Apri124, 1995, and Certificates of Occupancy Nos. 96-51 through 96-55 were issued by the Department of Public Works on May 30, 1996 for the first 44 units of the project. Condition H: An intensive azchaeological survey and mitigation plan shall be submitted to the Planning Depaztment for review and approval at the time of plan approval review and/or prior to any land preparation activity being conducted on the property; By letter dated April 14, 1994 to the Planning Department, the State Historic Preservation Division verified that "azchaeological data recovery fieldwork was adequately undertaken in accordance with the approved data recovery plan" and that "the [draft preservation] plan has been reviewed by our staff and found acceptable." Exhibit_li attached hereto. Condition I: Should any unanticipated archaeological/historic sites or features of importance be uncovered during land preparation activities, work in the affected area shall cease immediately and the Planning Director shall be notified. Work in the affected azea shall not resume until such time that cleazance is obtained from the Planning Director; Rem: No known azchaeological/historic sites or features of importance were uncovered during land prepazation activities. Condition 7: Access(es) to the property shall met with the approval of the Department of Public Works; 2002129.1.037114-1 Virginia Goldstein Planning Director September 10, 1997 Page 5 Re once: Applicant has constructed access to the property, including channelization with Alii Drive, as approved by the Department of Public Works. Ste, Exhibit F attached hereto. Condition K: Should an Improvement District be implemented for the construction of the proposed Alii Highway, the applicant, successors or assigns shall automatically be a participant in the Improvement District; $esuopge: Should an Improvement District be established for construction of the proposed Alii Highway, Applicant understands that the subject property may be affected. Condition L: An emergency preparedness and response plan shall be submitted to the Planning Department and Hawaii County Civil Defense Agency for review and approval prior to the issuance of a building permit; Resnonse: By letter dated April 20, 1995, the Planning Department accepted Applicant's emergency preparedness and response plan, and indicated that the Civil Defense agency had also approved the plan via memorandum dated January 6, 1995. ~ attached hereto. Condition M: The method of sewage disposal shall meet with the approval of the appropriate governmental agencies; Resnonse: All governmental agencies approvals were secured for project construction plans. ExhilziLH attached hereto. 2002129.1.037114-1 Virginia Goldstein Planning Duector September 10, 1997 Page 6 Condition N: To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented as proposed, the applicant shall work with the Office of Housing and Community Development and the Planning Department to formulate a housing plan for the development to assure it addresses the affordable housing needs of the community. This housing plan shall be approved by the County Housing Agency prior to the issuance of a building permit for the project; Effective August 10, 1994, Hawaii County Housing Agency Resolution No. 102 authorized the execution of an Agreement regarding affordable housing requirements for the project. Exhibit I-1 attached hereto. On November 27, 1994, said Agreement was executed between Applicant and the County of Hawaii. Exhibit I-2 attached hereto. On October 18, 1995, a Release of said Agreement was recorded in the Bureau of Conveyances upon Applicant's satisfaction of said affordable housing requirements. Exhibit I-3 attached hereto. Condition O: All other applicable laws, rules, regulations and requirements, including those of the Department of Water Supply relative to the provision of additional water system improvements, shall be complied with; Response: Please see responses to Conditions B, J and M above, and Exhibits A-1 to A-3 F and H attached hereto. Condition P: Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; 2002129.1.037114-1 Virginia Goldstein Planning Duector September 10, 1997 Page 7 Response: Should a Unified Impact Fees be adopted, Applicant understands that the subject property may be affected. Condition O: An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; $~onse: Applicant herein submits its 1997 annual progress report for the project. Condition R: An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the general plan or zoning code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; and 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional yeaz); and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the 2002129.1.037114-1 Virginia Goldstein Planning Director September 10, 1997 Page 8 Director shall initiate rezoning of the azea to its original or more appropriate designation. o~ ~~ce: Applicant submits that it has se~stantially complied with the conditions of rezoning set forth herein, and therefore, will not be requiring time extensions as provided in Condition R above. Applicant submits herein its 1997 annual progress report for the project. Based on its substantial compliance with the conditions of approval contained in Ordinance No. 92-76, including completion of the project's affordable housing sales program and construction of major infrastructure related to project access, drainage and sewer improvements, Applicant also respectfully requests that the Planning Director aclrnowledge that no further reports are required pursuant to Condition Q above. Please do not hesitate to contact me at 935-6644, should you have any questions concerning the foregoing discussion. Thank you for your consideration in this matter. Very truly yours, CARLSMITH BALL WICHMAN CASE & ICHIIQ STEVEN S. . LI SSL:JEC Attachments xc w/attachments: Curtis De Weese 2002129.1.037114-1 r '• �F`WATfq��'� 'yV T 519: .195 � .. .-/N-: DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII '°'1.°F;1''.o,*,, 25 AUPUNI STREET • HILO, HAWAII 96720 TELEPHONE (808) 969-1421 • FAX (808) 969-6996 Octo):.r 1, 1^3Q - - 1 . 1 2 32 Mr. Harold Spector Alii )rive Partners 745 F{>rt Street, Suitt' 295 Honolulu, AI 95313 CHANGE OF ZOilE 9 :l I'W'CE 19-77 TAX MAP KEY 7-5-'O:73, 74, 75 FILE 40. COZ 7-11-0143 This is to .'.,'.knewl,-dge receipt `!f the. required S53,3O3 'later ;o'::r ni Lei,,et d1! 2 it for the pr;posed subdivision. In rd:Lo .'. with thpta- r`.:Cier is tt',ietf Commitment Guidelines Policy," a copyof which is attached, a water commitment for 385 additional units requested in the propos-A 392-unit devtelop..i nt in the '!mount of 0.2334 million gallons per day is hereby granted until September 30, 1992 with the following conditions: 1. Submit plans f.:,r °lacessary water system improvements as may be required for tn- v:.'partmant's review ono approval at the appropriate time. Complete cc,t_structien of the required improve-aen s. The required improvements will i cl ude, but are not limited to, the construction of 4 water system capable of delivering w1 Ler at adequate pressure and 'lel urt} under peak-flow and fr,, -f l yw conditions. Off-site storage transmission and distribution im- provera!nt; will be required. . 2. Comply with all applicable policies and requirements of the rules and regu- lations of the Department, including, but not limited to, payment: ef she capital assessment fee and the prevailing facilities and installation charges 1 at the appropriate time. The capital assessment feeand tho prevailing facilities charge, which are subject to change, are $194,593 and $791,199, respectively. 3. Comnly with all applicable conditions of the Department' s "Water Commitment Guidelines Policy." 4. Noncompliance with any of the above conditions will automatically void this water commitment, at which time water availability for the project will be subject to the prevailing policies and rules and regulati„ Ys 04 •..4,1 :.:::;,::rt- ment. ... Water brings prnreoa. .. EXHIBIT A-1 Hr, Harold 5pr..ctar Paget Qctobpr d, 19fl9 Alsa, 5efnr? water services can be grnnt+!d in the subdivisfcn, the water sYStem iprevements together with ail necessary casement, must be conveya_d to thn ':dater Go~nlssion, County o9 Hawaii. N, ~dilliam ScwakA Manggar idA attn. cc (w/~~ :+ttm.~ = Pla~nirg Dapartmrnt En~inePrin~ Concepts, Inc. _ DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 25 AUPUNI STREET • HILO, HAWAII 96720 TELEPHONE (808) 969.1421 • FAX (808) 969-6996 May 21 , 1996 Mr. Steven S.C. Lim Carlsmith Ball Wichman Case & Ichiki 121 Waianuenue Avenue P.O. Box 686 Hilo, Hawaii 96721-0686 ALII LANI TOWNHOUSES - PHASE I , 92 UNITS WESTERN PACIFIC DEVELOPMENT, LTD. TAX MAP KEY 7-5-020: 73 We have reviewed your letter of April 15, 1996 with attached copies of the project approval and bonding documents. On behalf of your client , Western Pacific Development, Ltd. , you request a determination as to whether the prevailing facilities charge rate of $2,700 or the previous rate of $1 ,800 per unit is applicable to the subject 92-unit project. The Water Commission had granted a grace period that ended December 31 , 1995 for holding the previous $1 ,800 per unit facilities charge rate provided the following conditions are met. 1 . The development shall have a water commitment in effect as of June 30, 1995. 2. The development is completed or bonded on or before December 31 , 1995. 3. Payment of the facilities charge for the corresponding amount of units being completed based on the $1 ,800 per unit rate is made on or before December 31 , 1995. Upon review of our files and your submittals, we find the following: a. As of June 30, 1995, the project had a water commitment in effect that was due to expire on September 30, 1995. With a water commitment deposit payment, the expiration date was extended until September 30, 1996. b. A construction contract for the project was executed on July 28, 1995 with performance and labor and material payment bonds issued on August 24, 1995. It is noted that the approval process for condominium and other projects not . involving subdivision action does not provide for agreement and surety documents to insure completion of required infrastructural improvements as provided for subdivision improvements in accordance with the County' s . .. Water brine prozreM. • . EXHIBIT A-2 Mr. Steven S.C. Lim May Z1, 1996 Page 2 Subdivision Code. Therefore, the executed construction contract and accompanying bonds is effectively comparable to bonding in lieu of construction. c. The developer misunderstood how the Department credits previously paid water commitment deposits toward the project's facilities charge requirement. After learning in late December 1995 what the Department would credit, a payment for the beilance was immediately made on January 17, 1996 The facilities charge requirement for 92 units with credit for two (2) existing service outlets is $162,000 (90 X $1,800). The developer incorrectly thought that the previously paid water commitment deposits for 366 units in the amount of $274,500 could be credited towards the $162,000 facilities charge requirement. However, only the corresponding 90 of the 366 units paid in water commitment deposits or $67,500 can be credited. Therefore a facilities charge balance of $94,500 is the amount that should have been paid by December 31, 1995. The capital assessment fee for 90 units in the amount of $45,000 was also paid. Based on the above findings, the developer had effectively and in good faith complied with the conditions of the grace period granted by the Water Commission for payment of the facilities charge at the $1,800 per unit rate. For your information an amount of $3,302 will be returned to your client. This amount represents an overpayment, $142,802 paid in January less the required $94,500 facilities charge balance ;.nd $45,000 capital assessment fee as explained above. Milton D. Pavao, P.E. Manager QA copy - Western Pacific Development, Ltd. ...zi WA7(q •,4 r, '4 1.90.: 49 5 .e:: DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII ".,47FNaw'\\'.1-'/ 25 AUPUNI STREET • HILO, HAWAII 96720 TELEPHONE (808) 969-1421 • FAX (808) 969-6996 June 6, 1996 Mr. Larry Hansen Western Pacific Development Venture Pacific Tower, Suite #1500 1001 Bishop Street Honolulu, HI 96813 ALII LANI TOWNHOUSE DEVELOPMENT - PHASES 1A AND 18 TAX MAP KEY 7-5-20:73 This is to acknowledge payment of the required facilities charge balance and capital assessment fee of $94,500.00 and $45,000.00, respectively. We are enclosing receipt No. 153229 for your files. f() ' , _ ilt n D. Pa ao, P.E. Manager WA Enc. copy - Mr. Steven S. C. Lim . . . Water bringi progress. . . EXHIBITA-3 April 19, 1990 Ms. Chrystal Yamasaki Wes Thomas and Associates, Inc. 75-5722 Ralawa Street Railua-Rona, HI 96740 Dear Ms. Yamasaki: Consolidation of Lots 6-A, 7-A and 8 Being portions of R. P. 6716 L. C. Aw. 4887, Apana 2, -R. P. 7819, L. C. Aw. 8559-B, Apana 8 Puapuaa 1st and .2nd, North Rona, Hawaii ' TMK: 7-5-20:73, .-74 and 75 Please be informed that final approval for recordation is hereby granted the referenced consolidation. You may wish to consult your attorney and/or surveyor for the preparation of the necessary legal documents and description of the certified map for the purpose of recordation with the State Bureau of Conveyances. This final approval is with the understanding that you comply with all remaining conditions of Change of Zone Ordinance 89 77. Copies of the certified map are enclosed. Si rely, Dua e Kanuha Planning Director EC:mh Enclosure - No. 717 cc 4 engineers Tax Office/Honolulu Hawaii Island Pacific Properties Investment Enterprise APR 2. 0 '"• 0 EXHIBIT B R-4.59 STATF: OF HAWAII BURF,AU OF C:ONVFY AN(:h:S RErnRfl 1) ,li.ii, JR, 1995 ()H : 1 7 AM Onc Nn( s ) 9.5-0y9:3.5 / /S/CARL, T . WAT'ANAf F: ACTING RF:C;JS'TFAR OF (•:ONVFYANC:F LAND COURT SYSTEM REGULAR SYSTEM Return by Mail (2) Pickup ( ,3' To: STEVENrnr S. T. FL Fi;RE T Carlsmith Ball Wichman Case & Ichiki 121 Waianuenue Avenue Hilo, Hawaii 96720 n /td a3, g0,2) ,fib Affects Tax Map Key: (3) 7-5-20:73 UNILATERAL AGREEMENT Subject: Change of Zone Ordinance 92-76 (Condominium/ Apartment Project) dated June 25, 1992 -- Alii Highway Access Condition "E" This Unilateral Agreement dated this l� day of , 1995, is intended to confirm the commitment made by WESTPAC DEVELOPMENT VENTURE, a Hawaii limited partnership, whose principal place of business and mailing address is Pacific Tower, Suite 1500 , 1001 Bishop Street, Honolulu, Hawaii 96813 , to the County of Hawaii, in the form of a Memorandum of Agreement dated April 24 , 1995 , attached hereto as Exhibit A, regarding the development of the property described as tax map key parcel ( 3 ) 7-5-20 : 73 , consisting of 18 . 474 acres , more EXHIBIT C or less, located at Puapuaa 1 and 2, North Kona, Island and County of Hawaii. Dated: Honolulu, Hawaii,/~ ~P S 1 WESTPAC DEVELOPMENT VENTURE, a Hawaii limited partnership By: Western Pacific Development, Ltd., a Hawaii corporation, Its General Partner CURTIS D. DE WEESE its Vice President 2 STATE OF HAWAII ) SS. CITY AND COUNTY OF HONOLULU ) On this ~ ~ day of ~ ~ , 1995, before me appeared CURTIS D. DE WEESE, t me personally known, who, being by me duly sworn, did say that he is the Vice President of WESTERN PACIFIC DEVELOPMENT, LTD., a Hawaii corporation, the general partner of WESTPAC DEVELOPMENT VENTURE, a Hawaii limited partnership, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and in behalf of said partnership, and said officers acknowledged said instrument to be the free act and deed of said corporation and said partnership. ~~~/2-C.C /L„ Notary Public, State of 3awaii My commission expires: ~~ai~~~ 3 LAND COURT SYSTEM REGULAR SYSTEM RETURN BY MAIL PICKUP ( ) TO: STEVEN 5. C. I,IM CARLSMITH BALL WICfiA1AN MURRAY CASE & ICHIKI 121 Waianuenue Avenue Hilo, Hawaii 96720 Telephone: (808) 935-6644 T.M.K (3) 7-5-20;73 MEMORANDIIM OF AGREEMENT SIIBJECT: Chance of Zone Ordinance 92-76 (Condo/Apartment project) dated June 25, 1992 Alii Hicrhwav Access Condition "E" This Memorandum of Agreement ("agreement") dated this 24th day of April 1995 is intended to reflect the agreement reached between the County of Hawaii and WestPac Development Venture with regard to the development of the property described as T.M.K. (3) 7-5-20:73 consisting of 18.474 acres, more or less, located at Puapuaa 1 and 2, North Kona, Island and County of Hawaii. The provisions of this memorandum are as follows: 1. Plans will include provisions for the construction of a temporary access driveway to the Alii Highway and a permanent driveway onto the mauka-makai road in the general location and design as the site plan attached. The EXHIBIT A 1 temporary accee;s driveway to the Alii Highway shall only allow right tus-ns as vehicles exit the property. 2. There will be no requirement to construct the adjacent mauka-makai access road to the north of this property or to improve any portion of Alii Highway. 3. The temporary driveway onto Alii Highway will be built concurrently with the development of the on-site buildings and infrastructure located immediately adjacent to the driveway location, provided however that the temporary driveway onto Alii Highway will be built only if the mauka- makai road to the north of this project is not under construction by the time the Alii Highway is completed, OR if it is reasonably determined that the mauka-makai road will not be constructed by the time the proposed Alii Highway is completed. 4. The temporary driveway onto Alii Highway will be permitted only until the new mauka-makai road is constructed. 5. Within thirty (30) days of the opening of the mauka- makai road, the temporary driveway onto Alii Highway will be closed. Construction of the permanent driveway onto the mauka-makai road will begin concurrently with the development of the on-site buildings and infrastructure located immediately adjacent to the driveway location. 6. Should the property owner fail to close the temporary access onto Alii Highway within thirty (30) days of the opening of the mauka-makai road, the County of Hawaii will have the right to close the access and bill the property owner for all reasonable costs directly attributable to closing said ac:cess or actions taken to recover the County of Hawaii's actual costs to do so. 7. This memorandum shall be filed by WesPac Development Venture in the Bureau of Conveyances of the State of Hawaii, and shall be noted on the Transfer Certificate of Title and Certificate of Title, if applicable. Condition E of Ordinance 92-7e; shall be satisfied upon the execution of this memorandum. A release of this memorandum shall be executed by the: parties hereto upon the satisfaction of the provisions herein, and shall be filed and noted with the Bureau of Conveyances. 8. -This memorandum shall not be amended, waived, discharged, or terminated, orally or in any manner other than by an instrument inwriting signed by the parties hereto, or their respective successors and assigns. 9. This memorandum shall be binding upon and inure to the benefit of the parties hereto and their respective 2 successors and assigns. The parties agree to execute whatever other documents are necessary to effectuate and carry out the intent of this memorandum. The parties hereby agree to the terms and conditions contained herein as of the date first written above. RECOMMEND APPR VA WESTPAC DEVELOPMENT VENTURE a Hawaii Limited Partnership By: By: Western Pacific Donn Fa Kiycsa}i, Chief DPVelopment Ltd. Engineer, Departm n- of Public Its General Partner Works, County of Hawaii By ~ / - •ItSJicG. `~cS..1Q~ APPROVED AS TO FORM: By : ~..~.c.c c~-•--~ Deputy orporation Counsel County of Hawaii Site Plan and Notary attached 3 State of Hawaii ) SS. City and County of Honolulu ) On this day of ~ 1995, before me personally appeared CURTIS D. DEWEE E, to me personally known, who, being by me duly sworn, did say that he is the VICE PRESIDENT of WESTERN PACIFIC DEVELOPMENT, LTD., a Hawaii corporation, the, general partner of WESTPAC DEVELOPMENT VENTURE, a Hawaii limited partnership; that the seal affixed to the foregoing instrument is the corporate seal of said corporation; that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and in behalf of said partnership by authority of its Partnership Agreement, and said officer acknowledged said instrument to have been executed as the free act and deed of said corporation and said partnership. Notary Pu~tate of~ G f My Commission Expires: Form\NOt ary-1 r rt n i^ in ~ iul a ~N Inv 4 ~ m d R , n i 1 G N \ \ E ' L / L ~ ~ I ~ I ' -L' ~ ~ J ` ~ a \ r c U ~ ~ i i \ .~~1 \ L` II ~ ~ 11 n _pr i i' m o i1 ^ - I VI ~I .~wA Fnn `I 1I _ 1 _ -J F r ' - f- lj 1 v I \ 111 yl ! II ( JI e I ~ ~ J it ~ l~o I Ii 1~1 _ - -r ~ i ___r_~ ~Jy~ l~, c ~--1::1 ~~yi/ I ~ a ~ I i , A r n•Ps <il IV - I I~ k I I ^ `LNI I ^ c I' 1 ` ml 1 ~j ~~1 111 ( ^ - a a~. _ V ~\\iii ~i i4 \~i I Q •I If ` ml L I I ; % r , ~ `f , , 1''.'0 ~ I _ ~ 5 ~n~ 'Ii Il ~ "~li ' Jw r"` n`2\ q ILL 11, II r J I -I l II 1 1 1 r I~ ` I I 1 < I - 1 J ~ l / _ I _ 1~ 11 1 _T_ -~1 ~ Ir_ - . "i ' . ~ 1 n I~ i I l - _ ~ ° ~ ~ 11 ` t ` I~ I V 69 4 L- I I I I ~ cc - ~ '~.__tr___________~ J I ` _ f 1 p z ATTACHMENT TO MEMORANDUM OFAGREEMENT TMK (3) 7-5-20:73 MYY DI Ni rP~'•'~.5:'~'~!o VirginuColdatein Sc phcn K. Yataa>hirn i Dlrrcw. Atayur Norman Oleun ;ii ~:It~".wa'•i~i~ Dapwty Dlr.cwr . az~~>~ ~uixnt~r of ~<<Su~i:~~ PLANNING DEPAR"1fhdLN"C ~.--_.__.....,._~.l _.L__I = ~ 25 Aupuni Streeq Rwm IOY Hilo• Haxsii 46120.252 I ~t,1~I ~4 I~~ . C~ 1'JI (30d) 941.8288 F.: (808) 9o!,A615 i I u J ~ 1 i ~ I I 11S I i I , April 29, 1993 L.1' Mr. Larry Hansen Vice President Western Pacific Development, Ltd. 1001 Hishap Streer. Pacific Tower, Suite 1510 Honolulu, HI 96813 Plan Approval Applied For: WESTERN PAC:IF:IC DEVELOPMENT, LTD. Townhouse ;F~ro;ject: on Alii Drive 3 67 IIn i t:s Tax Mao K,_;t~• 7-a _?0:73. PF>t_2818 we reviewed and processed subject plans for final approval. Enclosed is copy o£ Final Plan Approval sheet ft)r perusal and file. Should you have any questions, please r;o not hesitate to contact Masa Onuma of this office at 961-8288. Sincerely, VI INIA CLDSTEIN Planning Director MO:eti 9802D-1 xc: 41est Hawaii gf£ice Enclosure EXHIBIT D-1 'JLtP7T'Y PLANNING DEPATtYM,f.;NT PA-2813 F I N A L PLAN A P P R O V_h L i.~,m-t _ UesCern Facifi~ DiyetoFment Ltd _ Dates _ AUril 29. 1993 _ _ ,~,ap K+:y 7-5-20:7:! Location __-P~+;~uaa, N. Kona sec tlse Town`+ouse Pra9ect on Alii' Drive - 367 Unit Rai-2 parcel Acra ~_-_15.474 acres A•+ ahoun on Plan ~~~~Y~~c~ocmenta r. ~~:x;t Alii Urive 700" OK 'i=.:d Scur Rcad 20' 0" OK ...r,_r...._..~ iF~:d Ali.i Drive Ext. 20' 0" OK V South 12' 0" OK Min 12' 0" recp;;ired for 3 srorv building. r:,: Suvctuse 3 story 34' 6" OK :o Packing Driveway off of Driveway to~m,onn to (county Driveway Code and Alai Drive 1 - i h ^~._~:hel:.~St..~ free snrfase,_ ;:c~seP. Parking 490 stalls QK 36Y x 1.25.=_~'i;;~j.~; ~i~' ¢ratls required, Mit?. 5__ (3?5 re.gular,_160 handi a» s^ta1,~;~,rgigj,j;zl~1' Ton+n¢ Code However. ~ if•am on r¢ aC ftlpi2 ~P.c t7e r.omnRC . h 5 check h A _G~,~I.AP~..I'1.4L - - - Y bandies walls more s in entl__'~J1~1~ ~SSIIIL3L~ ;:c and oading Space '.1'.y_ - fi URi 3 F 41.LT.~j._b.:?-:lUG Iles Parmir ~~?]ft. ng ace: ial T. e i9 h t ap l ~ g As er Zan OK lit~[u S ecial Mana ement Area K SMA Use Permit: Il ?8 ......~.~.,...r- r.cl i'; i ans 1. Parkine to be paved and stripedi_imn_rovemer';~o 'j,~~+s,~(,1p n land ,Q,~,l and landscaping to be in place prior to the;.issuane~e of the occupancy permit. Z. The maximum number of units permitted pax is 367 units. 3. Construction to commence within one year of: the: date of this Final Plan Approval ~ and shall be completed within three years t:l~ere~after. _ 4. An emergency preparedness and response_pla.n_sh^t11 be submitted to the Planning Dep _ _ and Hawaii County Civil Defense fo_r reyiew.a_~d anprc~ 1 prior to the issuance of _ ~ tha building permit. - _ _ 5. The applicant shall work with the OHCD and =?lattn ng_Dcpt._to formulate a housinfi , plan for the development addressing the a1~E'nrdable tiotsing needs of the community This housing plan shall be approved by th~~Cou•~^,y„~weane Aeency prior to the , Sssuance of the building Permit. _ 6. Comply with all other applicable conditions of Ord. No. 92 76 and SMA Use Permit No. Z78, il.r~at.a~sr 'APR 3 0 1993 i'c: MO "� at •'ir os N °!�v �16i'% Virginia Goldstein Stephen K.:'amrashiro .'��.q�:` ;%: Director Mayor _ Norman Olesen �r,;. ��•. _ Deputy Director Couttfv of c .h£inxii PLANNING DEPARTMENT 25 Aupuni Street,Room 109 • Hilo,Hawaii 96720-4252 (808)961-8288 • Fax(808)961-9615 October 14 , 1994 Mr . Larry J. Hansen Vice President Western Pacific Development, Ltd. Pacific Tower, Suite 1500 1001 Bishop Street Honolulu, HI 96813 Dear Mr . Hansen: Plan Approval Applied For: Western Pacific Development, Ltd. Townhouse Project on Alii Drive-367 Units Tax Map Key: 7-5-20 : 73 ; PLA 2813 We have reviewed and processed the subject plans for final approval . Enclosed is a copy of the Final Plan Approval sheet for your perusal and file . A building permit must be applied for and secured for approved subject building improvement within two years of the above date. Should you have any questions , please do not hesitate to contact Masa Onuma of this office at 961-8288 . Sincerely, 60 VIRG IA GO' D' TEIN Plann ng Di e- tor MO:mjh 5298D Enclosure )1E © fEngEn V) it EXHIBIT D-2 ry COUNTY PLANNING DEPARTi~iENT PA-2818 F I N A L P L A N A P P R O V A L. Applicant Western Paci:Eic Development Ltd Date October 13, 1994 Tax Map Key 7-5-20:73 Location Puapuaa, N. Kona Proposed Use Townhouse Project on Alii Drive - 367 Units Zone RM-2 Parcel Area 18.474 acres Cor~~nents As-. srcwr. c:. P1a.. :rout yard Alii Drive 20' 0" OK Rear Yard Spur Road 20' 0" OK Side Yard Alii Drive Ext. 20' 0" OK South 10' 0" OK Min. 10' 0" 2 o t. of Structure 2 story 29' 6" OK ?.cress to Parking Drivewa s off of Driveway to on Alii Drive and awed wi h w Off Street Parking 744 stalls OK 367 x 1.25 = 314 re ular 425 Min. S ha Check the AD:1 com act & 5 handica arkin re uirements as theirs may be handica stalls more strin ent than the Count s re uirements, I Loading and + Unloading Space Tensity 36'7. Units OK Max. 367 units ermitted b MA ID•e Permit ~I27 ?encing: Material Height Location Landscaping As er lan OK Others Special Management Area OK SMA Use Permit 11278 conditions: 1 Construction to commence by April 29 1995 and shall be completed within three years thereafter. 2. Parking to be paved and striped, improvements to Alii Drive (left turn lanes, etc.) and landscaping to be in place prior to the issuance of the occupancy permit. 3. The maximum number of units ermitted er the SMA is 367 units. 4 An emergency preparedness and response plan shall be submitted to the Planning_Dept and the Hawaii County Civil Defense for review and approval prior to the issuance of the building permit. 5. Comply with all other applicable conditions of Ord. No. 92 76 and SMA Use Permit No. 278. ~a~".~1i_~~ Director Date ~C1 ~ 7 MO PD 09/85 (7321A/9A) IOHN wA1HEE ~ KERN w. ANUE. CHAIRPERSON GOVERNOR OF HAWAII .a e, , BOARD OF LAND AND NATURAL RE60URC ~Oj , 'aL DFPIlTIE6 I JONN P. KEPPELER. II DONA L MANARCE y as ~ AOUAWLTURE DEVELOPMEM PIbGRAM STATE OF HAWAII ApUATK: RESODRCES CON6ERVATKIN AND DEPARTMENT OF LAND AND NATURAL RESOURCES ENVanNMENTAL AFFAIRS CONfiERVATpN AND - HAWAII HISTORIC PLACES REVIEW BOARD RESODRCFa ENFORCEMENT 33 SOUTH KING STREET, 8TH FLOOR CONVEYANCES HONOLULU, HAWAII 88813 FORESTNY AND WRDUFE HISTORIC PRESERVATION gVISION LAND MANAGEMEM STATE PARKS April 14, 1994 WATER AND LAND DEVELOPMEM Ms. Virginia Goldstein, Duector LOG NO: 10591 Planning Department DOC NO: 9403PM07 CouEity of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: SUBJECT: Field Verification [End of Archaeological Data Recovery], and Review of Preservation Plan, Western Pacific Development Property Puapua'a, North Kona, Island of Hawaii TIi'IK: 7-5-20: 073 This letter is in response to: (1) an eazlier request for a letter verifying the completion of fieldwork, and (2) our review and approval of a draft preservation plan submitted by William Barrera of Comstock Cultural Resource Management, Inc. on behalf of his client, Western Pacific Development, Ltd. Mazc Smith, our Hawaii Island staff archaeologist, conducted a field inspection of the subject parcel and verified that the archaeological data recovery fieldwork was adequately T~ndertaken '.n. acr.ordance with the approved data recovery plan. The draft preservation plan, which contains provisions for sites HRHP 14409 and HRHP 14432, was submitted to our office on March 24, 1994. The plan has been reviewed by our staff and found acceptable. We believe that construction can proceed with the understanding that an acceptable data recovery report must be submitted to conclude the data recovery work. Also, we will need to verify in writing the successful execution of the long-range preservation plan. Both of these steps would occur after construction has proceeded. ~ ~ N1.`~a. e' EXHIBIT E , V. Goldstein Page 2 If your office should have any further questions, please contact Pat McCoy at 587-0007. Sincerely, i HIBBARD, Administrator State Historic Preservation Division c. Curt Deweese, Western Pacific Development William Barrera, Comstock Cultural Resource Management, Inc. 7 - A 118IHX3 Z 20 L 133HS I 031ON SV :31d0s OV0?!£9cN 'ON 37Id - , CL •OZ-S-L :An// 5'Li' 'ON 103rOdd IIVM dH JO AiN000 ONd ONV7S1 SfiL96 VNO>I H180N `•PuZ db'fldvnd id 'IH `VN0A-dn7Idyl 103POe'd 3SflOHNMO1 1Nd1 117V 96c X08 '0 'd NOIi VZI13NNVHD 3/1!dQ 11W •3'0 `0N116133J 037 �.18 03�1dd3?3d SNV7d NOIiDfl 'iSNOD 1- '0'O 'Alddns 2I31VM JO 1N3 LUJVd30 '?d3 VNV!N ,76,/,‘,/2 -,•••••••—k-fr--, .1-1.0.0 'S>WOM °!land 30 IN -d3 13 N3 d31H0 i33POc ,f cv iy.,4 4,' - C •H'O'O 'ONINNY7 d+' - ; 0 ' (21.23 .' 4 2 1 `j. : ,.: i •S1 /1f ddb' � r +�� rr V 9d . rtephen K. Yamashiro Mayor _ - pY~r. famtnf~r .af' ~tfuttii PLANNING DEPARTMENT :s eu~t srrae, Aaam tog . Hato, tt..r.t1 %120dzsz ((108) %1.8188 • Fu ((108) %t•%15 April 20, 1995 Mr. Curtis D. DeWeese, Vice President Western Pacific Development, Ltd. Pacific Tower, Suite 1500 1001 Bishop Street Honolulu, Hawaii 96813 Dear Mr. DeWeese: Change of Zone Ordinance No. 89-77, (REZ 632) As Amended by Ordinance No. 92-76 Applicant: Western Pacific Development, Ltd. Subject: Emergency Preparedness & Response Plan Tax Man Kev• 7-5-20. 73 (formerly Parce s 73 74 and 751 Thank you for your letter dated January 5, 1995, containing a copy of an emergency preparedness and response plan for the proposed 367-unit multiple family residential development as required by Condition L of the above-described, ordinances. We have reviewed the emergency preparedness and response plan and find it acceptable. The Civil Defense Agency, by memorandum dated January 6, 1995, has reviewed and approved the plan. This letter is to inform the applicant that Condition L of Ordinance No. 92-76 has been satisfied. Please contact Daryn Arai or Connie Kiriu of this office should you have any questions. Sincerely, d" VIRGINIA GOLDSTEIN Planning Director _ DSA:dmo LDeWee01.DSA cc: County Council Planning Commission Civil Defense Agency West Hawaii Office (w/copy of Plan & Civil Defense Memo) SMA 278 (w/copy of Plan & Civil Defense Memo) Police (w/copy of Plan & Civil Defense Memo) Fire (w/copy of Plan & Civil Defense Memo) . EXHIBIT G ~ ~ . Y a O l vi ~ ~ E-- ~ •Le a ~7 X ~ , w y, ~ o ' c~ Z W V Q a ,+4~ ~ 0. ~ ~ J ~ ~ < J xW ~~`C ~ N O ~ ~ ~ U ? ~ N -.1 ~ o a 1,,, J Z ~ z Q ¢ I o ~ ^ a w ~ w ~ ~ v-' ~ w I' Q ~ ~ ~ ~ ~ 4; s ~ . ~ m~'rn;~ ~ a~ oz~c~ ~ wwk j ~ ~ ~ ~ ' w w ~ z tidd ~ a~~ ~ Q ~ ~ _J ~ ~ z. 1 ~ ~ ~ w Z \ ~3 ~ ~ tt' U Ci z t ~ ~ 1 ~ ~ ~ EXHIBIT H .rvv i ~ lilt 4 ~ HAWAII COUNTY HOUSING AGENCY RESOLUTION NO. 102 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT TO SATISFY THE AFFORDABLE HOUSING REQUIREMENTS FOR LANDS OWNED BY WESTERN PACIFIC DEVELOPMENT, LTD. WHEREAS, WESTERN PACIFIC DEVELOPMENT, LTD., owns approximately 18.47 acres of land at Puapua'a 1, North Kona, Hawaii, covered by tax map key (3) 7-5-20: 73, hereinafter referred to as t_he "Property"; and WHEREAS, on June 25, 1992, Change of Zone Ordinance No. 92- 76 became effective and rezoned the Property consisting of tax map key (3) 7-5-~20: 73 from4 Unplanned (U) to Multi Family Residential 2,000 square feet (RM-2); and WHEREAS, WESTERN PACIFIC DEVELOPMENT, LTD., a Hawaii corporation, has succeeded to all rights, title and interest in and to the Property; and WHEREAS, WESTERN PACIFIC, the owner of the land subject to Ordinance No. 92-76, desires to develop on the Property a 367-unit residential project consistent with Multi Family Residential zoning; and WHEREAS, Condition N of Change of Zone Ordinance No. 92-76 for the Property requires that WESTERN PACIFIC "work with the Office of Housing and Community Development and the Planning Department to formulate a housing plan for the development to assure it addresses the affordable housing needs of the community"; and . EXHIBIT I-1 b ~ WHEREAS, Condition N of Change of Zone Ordinance No. 92-76 for the Property further requires that "[t]his housing plan shall be approved by the County Housing Agency prior to the issuance of a building permit^; and WHEREAS, WESTERN PACIFIC has evaluated the various options available to satisfy the affordable housing goals and policies of the County of Hawaii for the Property; and WHEREAS, WESTERN PACIFIC has agreed to sell 37 multi family homes for a maximum of $94,200 (in 1994 dollars). The $94,200 homes will have two bedrooms, one bath and a living area of approximately 800 square feet; and WHEREAS, WESTERN PACIFIC has agreed to sell 73 multi family homes for a maximum of $132,900 (in 1994 dollars). The $132,900 homes will have two bedrooms, two baths and a living area of approximately 8S0 square feet; and WHEREAS, WESTERN PACIFIC has agreed that it may sell multi family homes for a maximum of $161,500 (in 1994 dollars). The $161,500 homes will have three bedrooms, two baths and a living area of approximately 1,047 square feet; and WHEREAS, the Office of Housing and Community Development has reviewed the proposed plan for fully satisfying the affordable housing requirements for Property by WESTERN PACIFIC DEVELOPMENT, LTD., and is recommending its approval. NOW, THEREFORE, BE IT RESOLVED BY THE HAWAII COUNTY HOUSING AGENCY that the Chairman of the Hawaii County Housing Agency and the Mayor of the County of Hawaii are hereby authorized to execute an agreement with WESTERN PACIFIC DEVELOPMENT, LTD., in full satisfactio; ~f the affordable housing requirements for the Property, as set forth in Condition N of Ordinance No. 92-76. BE IT FURTHER RESOLVED THAT copies of this resolution be transmitted to Western Pacific Development, Ltd., and the County of Hawaii's Planning Department. Dated at Hilo, Hawaii, this day of Q'u~f 1994. HAWAII ~ H S G AGENCY ER K. SCHUT Chairman BRI J DELIMA, Vice-Chairman J ES Y. CAICI, Member (Do Not Concur) KEIKO BONK-ABRAMSON, Member WIL~ I~AM,~ ,K/. ~CHILDS, Member _ tom- - '7--' TAKASHI DOMING Member (Do Not Concur) ENE H. Member AM S RATH, Member (Absent and Excused) ROBERT F. ROSEHILL, Member b ~ R_74n arc qF I~AWALI E~UREplt OF CONVEYANCF.~ g.F,COR.DED TiFC Oq, 1G9d caRL T. WAT9N?,9E A:'.TLNG REC:IS'L'R-AR i1P ('gN~ie^,YA I.AN COU T S STEM ,.,,,,,inx SYSTEM RETURN BY: N MAIL ( X ) PICKUP ( ) T0: Carlsmith Ball Wichman Murray Case & Ichiki P. 0. Box 686 Hilo,HI 96721-0686 TAR MAP KEY (3) 7-5-20:73 AGREEMENT This Agreement is made this a'1~ day of Nov0.,,,l,av , 1994, by and between WESTERN PACIFIC DEVELOPMENT, LTD., a Hawaii corporation, hereinafter referred to at times as "WESTERN PACIFIC" whose principal place of business and mailing address is 1001 Bishop Street, Pacific Tower, Suite 1500, Honolulu, Hawaii 9ti813, and the COUDiTY OF HAWAII, hereinafter referred to at times as "COUNT!", whose principal place of business and mailing address is 25 Aupuni Street, Lilo, Hawaii 96720. !w.2U3a.agr EXHIBIT I-2 WHEREAS, WESTERN PACIFIC owns approximately 18.47 acres of land at Puapuaa 1st, North Kona, Hawaii, covered by tax map key (3) 7-5-20:73, hereinafter referred to as the "Property"; and WHEREAS, on June 25, 1992, Change of Zone Ordinance No. 92-76 became effective and amended Ordinance No. 89-77 and the conditions of approval for the Multiple Family Residential (RM-2) rezoning of the Property to reflect current development plans; and WHEREAS, WESTERN PACIFIC, the owner of the land subject to Ordinance No. 92-76 desires to develop on the Property a 367 unit residential condominium project consistent wi*_h Multiple Family Residential (RM-2) zoning; and WHEREAS, Condition N of Change of Zone Ordinance No. 92- 76 for the Property requires that WESTERN PACIFIC work with the Office of Housing and Community Development and the Planning Department to formulate a housing plan for the development to assure it addresses the affordable housing needs of the community and WHEREAS, Condition N of Change of Zone Ordinance No. 92- 76 for the Property further requires that "[t]his housing plan shall be approved by the County Housing Agency prior to the issuance of a building permit for the project"; and WHEREAS, WESTERN PACIFIC has evaluated the various options available to satisfy the affordable housing goals and policies of the County of Hawaii for the Property; and NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, the parties hereby agree that the requirements of Condition N of Ordinance No. 92-76 for the Property shall be fully satisfied pursuant to the following terms and conditions herein: A. AFFORDABLE SALES UNITS (Up to 80$, 80~-120$ and 120-140 of median family income) 1. WESTERN PACIFIC shall offer for sale condo- minium townhouse units affordable to families earning up to 80~ of the median family income for the County of Hawaii pursuant to the terms herein. These units shall sell for a maximum of $94,200.00. The $94,200.00 homes shall have two bedrooms, one bath, and a gross living area of approximately 800 square feet. 94203a.agr 2 n 2. WESTERN PACIFIC shall offer for sale condo- minium townhouse units affordable to families earning between 80~-120 of the median family income for the County of Hawaii pursuant to the terms herein. These units shall sell for a maximum of $132,900.00. The $132,900.00 homes shall have two bedrooms, two baths, and have a gross living area of approximately 850 square feet. 3. WESTERN PACIFIC may offer for sale condominium townhouse units affordable to families earning between 120-140 of the median family income for the County of Hawaii pursuant to the terms herein. These units shall sell for a maximum of $161,500.00. The $161,500.00 homes shall have three bedrooms, two baths, and have a gross living area of approximately 1047 square feet. 4. The affordable sales prices stated herein shall be adjusted annually on July 1 of each year commencing on July 1, 1995 in accordance with the Consumer Price Index - Honolulu. 5. If WESTERN PACIFIC is able to obtain long term fixed rate financing available to the afford- able housing target group purchasers which is lower than eight percent (8~) per annum, the affordable sales prices stated herein shall be adjusted to increase the then prevailing affordable sales prices for that category utilized by the State Housing Finance and Development Corporation, the Office of Housing and Community Development and the County Housing Agency of the County of Hawaii. This sales price increase shall equal fifty percent (508) of the net difference between the affordable sales prices stated herein, and the then prevailing affordable sales prices estab- lished at the level of the fixed rate financing. B. A ORDAB ~ HO GZN R •DTT 1. In consideration of the mutual covenants in this Agreement, and pursuant to County Council Resolution No. 65 (1990), the parties hereby agree that upon the development and offer for 94203a.agr 3 sale of the affordable units as described herein, the developer WESTERN PACIFIC shall be awarded a total of 220 affordable housing credits, calculated as shown below. These 220 credits shall be used to satisfy in full the requirements of Condition N of Ordinance No. 92-76. 2. The developer WESTERN PACIFIC shall receive bonus credits only for those affordable units actually placed under contract with affordable housing target group purchasers pursuant to the sales program herein in the "80$ and below median income" and "110 of median income" affordable housing categories. The developer WESTERN PACIFIC may utilize any combination of bonus credits and/or standard affordable housing unit counts to satisfy the require- ments herein so long as the minimum unit count equals 220 affordable housing units. Number Number Bonus Total Required Proposed Difference Credits Credits 80~ & below 37 74 37 @ 3.0 = 111 148 80-120$ 73 73 0 @ 1.5 = 0 73 120-140 110 0 0 @ 1.0 = 0 0 TOTAL 220 147 37 111 221 3. WESTERN PACIFIC may, in full or partial satis- faction of the affordable housing requirements of Condition N of Ordinance No. 92-76, utilize affordable housing credits obtained from third parties for properties within the County of Hawaii's South Kona, North Kona and/or South Kohala Districts, or a combination thereof. C. SALES PROVISIONS In the event all affordable units are not sold to qualified purchasers within each median income group after the first 60 calendar days from the initial newspaper publication date of the sales advertisement for the affordable units, and provided 94203a.agr 4 that WESTERN PACIFIC has made a sincere and earnest effort to advertise and publicize the availability of the affordable units, the sale of the remaining affordable units shall be conducted in accordance with the following procedure: 1. For the next 30 calendar-day period, any "80~ and below median income" affordable units remaining unsold over and above the initial 37 units required in that category herein shall be offered for sale at the sales price of $118,900.00 to families in the next higher income preference group. The developer WESTERN PACIFIC shall receive 1.5 bonus credits for those affordable units actually placed under contract with affordable housing target group purchasers pursuant to the sales program herein in the "110 of median income" affordable housing category. For example, units targeted for families earning up to 60~ of the area median income may be sold on a preferential basis to families earning from 80-120 of median. Units targeted for families earning 80-120 of median may be offered for sale to families earning from 120- 140~ of the median. 2. For a subsequent 15 calendar-day period, any remaining affordable units shall be offered for sale to families earning up to 1808 of the area median income. All other eligibility criteria shall apply. 3. For a subsequent 30 calendar-day period, affordable units shall be offered for sale at the price ranges specified in paragraph A.(1) and (2) above to the COUNTY. This time requirement may be waived by the COUNTY. 4. If the COUNTY does not exercise the right to purchase, the units may be offered for sale without regard to (1) income, (2) ownership of other residential real estate, (3) owner occupancy, and (4) price range. In this event, the developer shall still receive credit for producing an affordable unit. 94203a.agr 5 D. GENERAL PROVISIONS 1. Upon approval and execution of this Agreement by all parties hereto, WESTERN PACIFIC may immediately apply for the building permit(s) to construct the project on the Property. 2. The development shall include covenants requiring participation in an association to support the maintenance of the common areas of the project. 3. The developer shall explore the potential for obtaining Hula Mae and other federally assisted financing for the affordable housing units. 4. This Agreement shall be filed by WESTERN PACIFIC with the Land Court of the State of Hawaii or the Bureau of Conveyances of the State of Hawaii, whichever is applicable, and shall be noted on the Transfer Certificate of Title and Certificate of Title for the Property, if applicable. Full compliance with Condition N of Ordinance No. 92-76 shall not occur until all 147 affordable units in the Property are offered for sale pursuant to the terms and conditions herein. Upon determination of full compliance, a release of this Agreement shall be executed by the parties hereto and filed and noted with the Land Court or Bureau of Conveyances, as applicable. 5. Neither this Agreement nor any provisions hereof may be amended, waived, discharged, or terminated, orally or in any manner other than by an instrument in writing signed by the parties hereto, or their respective successors and assigns. 6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The parties agree to execute whatever other documents are necessary to effectuate and carry out the intent of this Agreement. 94203a.agr 6 IN WITNESS WHEREOF, the parties have executed these presents on the day and year first above written. RECOMMEND APPROVAL WESTERN PACIFIC DEVELOPMENT, LTD., a Hawaii corporation SPENCER KALA SCHUTTE Its ~ C K~51 DfIU Z" Chairman, County Housing Agency of the County of Hawaii APPROVED AS TO FORM: COUNTY OF HAWAII, / a municipal corporation 1~-- ~ 7~,_7/~ D gy By (~C Deputy Corporatio C nsel l~ EPI-iEN K. SHIRO Its Mayor q_ t 3-9~ DATE: 94203a.agr 7 STATE OF HAWAII ) SS. COUNTY OF HONOLCfLU ) On th~_s ~ day of 1994, before me personally appeared Curtis D. DeWeese to me known, who being by me duly sworn, did say that he is the Vice President of WESTERN PACIFIC DEVELOPMENT, LTD., a Hawaii corporation, anti that the seal affixed to the foregoing instrument is the corporates seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said officer acknowledges said instrument to be the free act and deed of said corporation. ~G1 .K ,11r--1-~.~t--. Notary Public, State of L-iawaii GS , My Commission Expires: S 9G203a.agr 8 STATE OF HAWAI:L ) SS. COUNTY OF HAWA:CI ) On this a'l~ day of Now,~l,e~ , 1994, before me personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of the said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority givers to said Mayor of the County of Hawaii by Section 5-1.3(g) of they County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Publi , tate of Hawaii My Commission Expires: ~I6~47 ~ ~ L •S, ~l 94203a.agr 9 t. pae oRKo*s .i OP me DOCUM!Nt RBCORDSD AS FOLLOW& STATE Of HAWAII • BUREAU OF CONVEYANCES • OCT 1 8 1995 - i'c3 DAT[ =CUMIN? I 3 3i�.(, • After Recordation Return by: Mail(X) Pickup( ) STEVEN S. C. LIM Carlsmith Ball Wichman Case & Ichiki 121 Waianuenue Avenue Hilo, Hawaii 96720 TITLE OF DOCUMENT: RELEASE PARTIES TO DOCUMENT: RELEASOR: COUNTY OF HAWAII,a Hawaii municipal corporation RELEASEE: WESTERN PACIFIC DEVELOPMENT,LTD., a Hawaii corporation Affects: TMK No. (3)7-5-20:73 RELEASE KNOW ALL MEN BY THESE PRESENTS that the COUNTY OF HAWAII, a Hawaii municipal corporation, hereinafter referred to as "Releasor", having received full payment and satisfaction of all obligations mentioned in and secured by that certain Agreement dated November 27, 1994, made by and between the Releasor and WESTERN PACIFIC DEVELOPMENT, LTD., a Hawaii corporation, hereinafter referred to as "Releasee", which Agreement was recorded in the Bureau of Conveyances of the State of Hawaii on December 9, 1994, as Document No. 94-201832;the Releasor does hereby cancel, release and discharge Releasee from EXHIBIT 1-3 L any and all obligations and duties arising under said Agreement and does hereby release and forever quitclaim unto the said Releasee, its successors and assigns, all right. title and interest the Releasor may have acquired in anti to the real property therein described. IN WITNESS WHEREOF said COUNTY OF HAWAII, has caused this instrument to be executed and effective as of the 13~' day of O~+a~e~ , 1995. COUNTY OF HAWAII, a Hawaii municipal corporation By STEPHEN C AMASHIRO Its Mayor RECOMMEND APPROVAL: APPROVED AS TO FORM AND LE GAL INTY-: ~r?otising Administrator Deputy Corporation C uns Office of Housing and County of Hawaii Community Development Date: October 11, 1995 Date: l~ 9S 2 Y STATE OF HAWAII ) SS: COUNTY OF HAWFII ) On this day of ~c~ol,a,. , 1995, before me personally appeared STEPHEN K. Y.4:~LASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affix~a to the foregoing instrument is the corporate seal of said bounty of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section ~-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YA:vIt1SHIR0 acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary ublic State of awaii My commission expires: ill ~14~ ` ` .