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Home My WebLink AboutCOM 0759.004 1996-1998 03,18,'98 ttED 10:58 FAX 808 524 8295 7fcCORRISTON et.all 0001 McCORRISTON MIHO MILLER MUKAI ATTORNEYS AT LAW FACSIMILE TRANSMITTAL Account No.. 39115 FACSIMILE NO.: (808)969-3291 TO: Honorable Council Member James Y. Arakaki Honorable Council Member Aaron Chung Honorable Council Member Bobbie Jean Leithead-Todd Honorable Council Member John Ray Honorable Council Member Joe Reynolds Honorable Council Member John Santangelo Honorable Council Member Al Smith Honorable Council Member Curtis Tyler Honorable Council Member Dominic Yagong c/o County Clerk FROM: Clifford J. Miller, Esq. DATE: March 18, 1998 TIME: 10:45 a.m. TOTAL NUMBER OF PAGES SENT (including this page): 4 RE: Proposed Development Agreement Relating to Mamalahoa Bypass Road Between County of Hawaii and 1250 Oceanside Partners Public Hearing Scheduled for March _1.8-199_8 40:00 p.m. This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or die employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the below address via the U.S. Postal Service. Thank you. TRANSMITTED HEREWITH FOR YOUR rNFORMATION IS/ARE THE FOLLOWING: Correspondence dated March 18, 1998. OPERATOR: Jamie Aiwohi, secretary to Clifford J. Miller, Esq. If you do not receive all of the pages, please call as soon as possible: (808) 529-7307. 757 O (JeaaeL Die. P. O. Box 2800 T1b ~CC per/ ^ Honolulu, Hawaii 96803-2800, Telephone: (808) 529-7300 lW~ Presenfe,~ co". 11_ P~ta FAX: (808) 524-8293, Cable: "Attorneys Honolulu" 1W. na n p 1 701Yt. 03 18.98 WED 10:58 FAX 808 521 8293 McCORRISTON et.all Z002 MCCORMSTON ME MILLER MUM A T T O R N F Y S A T L A W March 18, 1998 VIA FACSIMILE n (808) 969-3291 Honorable Council Member James Y. Arakaki Honorable Council Member Aaron Chung Honorable Council Member Bobbie Jean Leithead-Todd Honorable Council Member John Ray Honorable Council Member Joe Reynolds Honorable Council Member John Santangelo Honorable Council Member Al Smith Honorable Council Member Curtis Tyler Honorable Council Member Dominic Yagong c/o County Clerk 25 Aupuni Street Hilo, Hawaii 96720 Re: Proposed Development Agreement Relating to Mamalahoa Bypass Road Between County of Hawaii and 1250 Oceanside Partners Public Hearing Scheduled for March 18. 1998 at 7:00 p.m. Dear Honorable Council Members: This firm represents Kona Trust, the owner of one of the parcels of land that will be divided in two by the proposed Mamalahoa Bypass Road. Kona Trust's land is identified by Hawaii "fax Map Key 7-9-05:09, and shares a common boundary on its northerly side with the Keauhou-Kona Resort land owned by Kamehameha Investment Company. While Kona Trust in principle supports the concept of a Bypass Road, it opposes Oceanside 1250's present plan for its proposed routing and financing as described in the proposed Development Agreement. Kona Trust has attempted to resolve its differences with Oceanside 1250 on a mutually acceptable basis, but so far has not succeeded. Only this past Monday, March 16, 1998, did Kona Trust for the first time receive a copy of the proposed Development Agreement to be entered into by the County of Hawaii and '.0 Box 2806 • Honolulu Hzwa 96503-2a:0 Frvc N/at-ffl Paza 4t-.- , 5~0 Fle `4,oana 3r.,v,-a;c • Ho1o1j i, '.la,a.i B6Z`3 Tulephon6:(808) 529.730D FAX: (808)524-0293 E-MAIL: M4hawall@aol.com 031,'18.98 TIED 10:59 FAT 808 524 8203 McCORRISTOS et.all 2003 Honorable Council Members March 18, 1998 Page 2 Oceanside 1250, and then only after having made a request therefor from Oceanside 1250. Kona Trust has only been able to cursorily review the proposal, but on the basis of that review has identified several issues which are of concern to Kona Trust. Also, by happenstance, just at the end of last week Kona Trust learned that a Public Hearing on the proposed Development Agreement is scheduled for tonight, Wednesday, March 18, 1998. Kona trust would liked to have testified at that Public Hearing, but because of the late delivery of the proposed Development Agreement and conflicting scheduling demands on its representatives, will not have sufficient time to prepare for or attend the Public Hearing. Please note that Kona trust has never received any written notice from the County Council Planning Department or any other agency of the Hawaii County Government regarding this extremely crucial issue which directly impacts Kona Trust's land. Perhaps more importantly, before learning of the Public Hearing, Kona Trust and other landowners to the north of Oceanside 1250's land (including land owned by the Pans, Wall and the Smith families) had arranged a meeting with Oceanside 1250 and Kamehameha Investment to discuss the proposed bypass road issues of concern to them. This meeting is scheduled to take place tomorrow, the day after the Public Hearing, at 1:30 p.m. It must be emphasized that this is the very first meeting at which all these landowners and Oceanside 1250 will get together to attempt to resolve all outstanding issues, and that it was Oceanside 1250's neighboring landowners, not Oceanside 1250, that took the initiative to organize the meeting. If at their scheduled meeting Kona Trust and the other landowners can resolve their issues with Oceanside 1250, Kona Trust's concems about the proposed Development Agreement will be mooted; if that proves not to be the case, Kona Trust will need to present those concems at a Public Hearing, which Kona Trust believes should be held in the Kona area. near the proposed site of the bypass road. In view of the above, and in the interest of allowing a reasonable period of time for Kona Trust, the other landowners, and Oceanside 1250 to work out an agreement among themselves, Kona Trust hereby respectfully requests a two-week postponement or continuance of the Public Hearing in Kona. again at a. place near the site of the proposed bypass road. This postponement should give Kona Trust and the other landowners sufficient time to negotiate and resolve their concerns with Oceanside 1250, and if they fail to do so, to prepare for the Public Hearing and present testimony for consideration by the County Council and the community at large. 09 18.98 ITT) 10:59 FAN 808 524 8295 31000RRISTO\ et.all Z004 Honorable Council Members March 18, 1998 Page 3 Irrespective of the County Council's decision, Kona Trust hereby reserves its rights to present its concerns to the County Council by written or oral testimony, and to request modifications to the proposed Development Agreement to address them. It also reserves all rights with respect to errors that may have occurred in notifying the landowners who will be directly affected by the proposed bypass road of the Public Hearing and about actions heretofore taken by the County Council with respect to the proposed Development Agreement. Very truly yours, rristoa Miho Miller Mukai Clifford J. Miller CJM:ja cc: Mayor Stephen Yamashiro (Via Facsimile) C DATA` FTUMCOUNTY3.LTR \lmch 18. 1999 (10 40=)