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Home My WebLink AboutCOM 0759.015 1996-1998 ~...J +18185281654 FJPN F-437 T-830 P-001 APR 21 '88 15:17 _ ,qa ,Ato HONOLULU James T. Paul .s- David A. Johnson cony Y. S. Pad( L. N - Chun PAUL, JOHNSON PARK & NILES Roobynbyn 8 Shern Judy A. Tanaka ATTORNE' AT,kANh, A. LAW C08KOPATION thaila L. Y. Sakaahils Intl A. Oamundaeh Laanne A. N. Nikeido Punela W. Bunn Jom turn R. Psa n MAUI Dennis Niles William M. McKeon April 21, 1998 Cede M. Nakao OF COUNSEL Wayne K. T. Mau yxA FACSIMILE (808) 969-3291 Honorable Council Member James Y. Arakaki TOTAL NUMBER Honorable Council Member Aaron Ching OF PAGES: 3 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 Hawai nd 1250 Oceansid P rtners Dear Honorable Council Members: This firm represents Otaka, Inc. ("Otaka") and Kona Country Club, Inc. ("KCC"), the owners of several parcels of land located in the Keauhou resort area, which properties may be affected by the proposed Development Agreement. Otaka has also agreed to purchase additional property in the Keauhou resort area from Kamehameha Investment Corporation, which additional property may also be affected by the proposed Development Agreement. Please note that neither Otaka nor KCC received any notice from the County of Hawaii, the County Council or any other governmental agency of the County of Hawaii about the proposed Development Agreement or the public hearing held on March 30. 1998 and on April 1, 1998. 9 + a ~t ) v 9 HONOLULU OFFICE Suitc 1300. PaNil 70%M 1001 Mishap SUMS! P051 Onj,X B0k 4438 Honolulu. Hawaii 96812-4438 V (608) 524-1212 FAX' (806) 528.10541 MM °02.7-OTTI MAU] OFF(CE 209 H G.E.A Building 2145 Kaohu Sh Post Otto 13x 810 Wtelow Hawau 96M 0870 t '7 (608) 2425844 FAX' (808) u4-9M ei +18085281654 PJPN F-437 T-8319 P-002 APR 21 '99 15:18 r Honorable Council Member James Y. Arakaki, et al. April 21, 1998 Page 2 On behalf of Otaka and KCC, we first received the proposed Development Agreement and notice of a public hearing (of which no time was specified and the date of which was erroneous) from Kamehameha Investment Corporation one (1) business day before the scheduled hearing date. we received a second notice from Kamehameha investment Corporation mid-afternoon on the date of the hearing, March 30, 1998, informing us that the hearing was that day. While Otaka and KCC have not yet obtained all of the information needed to review the proposed development, they are immediately concerned with the following issues: 1. Assessment of an impact fee or fair share contribution for new development in the Keauhou area; 2. Impact and adverse effects of construction and heavy equipment on the existing golf course and Keauhou resort area, and noise, aesthetic and safety issues relating to such activities and equipment, specifically, dust and other nuisances generated by the construction activities, increased construction traffic, the impact of construction activities on the golf cart crossings and operation and use of the golf course, requirement of landscaping in the burial ground area where the present roadway is to be extended into the by-pass road to address aesthetic and safety concerns resulting from the alignment of the proposed by-pass road; 3. Timely notification of proposals, issues and hearings on the proposed development; 4. Potential increase in real property taxes; and 5. Comparable golf rate policy requirements imposed on the proposed golf course as is presently imposed on KCC, or in the alternative, release of such requirements imposed on KCC. Otaka and KCC request that any action on the proposed Development Agreement be postponed until Otaka and KCC have the opportunity to obtain any necessary information required to present all of their concerns and issues concerning the proposed development, and to request modifications to the proposed Development Agreement, and otaka and KCC reserve all of their rights with respect thereto, including all rights relating to e +18985281654 FTPN F-437 7-030 P-003 APR 21 '88 15:18 Honorable Council Member James Y. Arakaki, et al. April 21, 1998 Page 3 notification of actions taken which affect the property owned by Otaka and KCC. Very truly yours, David A. Johnson DAJ/LANN:me cc: Otaka, Inc. Kona Country Club, Inc.