HomeMy WebLinkAboutORD 1991-133 1988-1992Y:.
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. DRA_ T )
ORDINANCE NO. °1 133
AN ORDINANCE AMENDING SECTION 25-96 (HAMAKUA DISTRICT ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-40a) TO RESORT-HOTEL (V-13); VILLAGE COMMERCIAL (CV-10);
AGRICULTURAL (A-la) AND (A-3a) AND TO OPEN (O) AT KEAA,
PUOPAHA, KALAKALAULA, KUKUIHAELE, WAIKOEKOE, LALAKEA,
KANAHONUA, HAMAKUA, HAWAII, COVERED BY TAX MAP KEY: 4-8-01:4
AND 5; 4-8-02:4 AND POR. 5; 4-8-03:POR. 6; 4-8-04:1, 2 AND
POR. 3; 4-8-05:1, 3, 4, 5, 6 AND POR. 2; 4-8-06:2 AND 4-8-08:1,
2, 19 AND 23.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-96, 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 Waikoekoe, Hamakua, Hawaii, shall be
Resort-Hotel (V-13):
PARCEL A:
Beginning at the Northeast corner of this parcel of land,
said point of beginning referred to Government Survey
Triangulation Station "PUU MAUU NORTH" being 3,384.38 feet
North and 1,507.77 feet East and thence running clockwise
by azimuths measured from true South:
1. 338° 31' 206.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
2. 16° 35' 281.53 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
3. 77° 32' 564.85 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
4. 113° 18' 587.37 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
5. 183° 29' 226.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
6. 239° 55' 220.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
7. 197° 02' 180.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
8. 234° 23' 134.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
9. 287° 50' 767.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo to the point
of beginning and
containing an area of
15.000 Acres. (Refer to
Parcel A as shown on
Exhibit "A".)
The district classification of the following area
situated at Kukuihaele, Kanahonua, Hamakua, Hawaii,
shall be Agricultural (A-3a):
PARCEL B:
Beginning at the Southwest corner of this parcel of land,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU MAUU NORTH"
being 9,723.94 feet South and 4,473.38 feet West and
thence running clockwise by azimuths measured from true
South:
1. 187° 46' 205.00 feet along remainder of
L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33);
-2-
2. Thence along remainder of L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33), on a
curve to the left with a
radius of 800.00 feet, the
chord azimuth and distance
being:
174° 57' 354.93 feet;
3. 162° 08' 418.00 feet along remainder of
L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33);
4. Thence along remainder of L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33), on a
curve to the right with a
radius of 400.00 feet, the
chord azimuth and distance
being:
197° 36' 464.18 feet;
5. 233° 04' 224.00 feet along remainder of
L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33);
6. Thence along remainder of L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33), on a
curve to the left with a
radius of 400.00 feet, the
chord azimuth and distance
being:
219° 25' 30" 188.68 feet;
7. 205° 47' 391.00 feet along remainder of
L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33);
8. Thence along remainder of L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33), on a
curve to the right with a
radius of 300.00 feet, the
chord azimuth and distance
being:
215° 11' 30" 98.08 feet;
9. 224° 36' 339.00 feet along remainder of
L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33);
-3-
10. Thence along remainder of L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33), on a
curve to the left with a
radius of 1400.00 feet,
the chord azimuth and
distance being:
209° 17' 739.63 feet;
11. 193° 58' 993.00 feet along remainder of
L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33);
12. Thence along remainder of L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33), on a
curve to the left with a
radius of 595.00 feet, the
chord azimuth and distance
being:
171° 34' 30" 453.31 feet;
13. 149° 11' 356.00 feet along remainder of
L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33);
14. Thence along remainder of L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33), on a
curve to the right with a
radius of 870.00 feet, the
chord azimuth and distance
being:
177° 21' 30" 821.57 feet;
15. 205° 32' 566.51 feet along remainder of
L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33);
16. 289° 03' 1528.55 feet along remainder of
L.C. Aw. 8559-B to W.C.
Lunalilo (Certificate of
Boundaries No. 33);
17. 10° 30' 374.65 feet along the West side
of Government Road (Mud
Lane);
18. 16° 00' 330.00 feet along the West side
of Government Road (Mud
Lane);
-4-
19. 14° 00' 435.00 feet along the West side
of Government Road (Mud
Lane);
20. 12° 30' 380.00 feet along the West side
of Government Road (Mud
Lane);
21. Thence along the West side of Government Road (Mud
Lane), on a curve to the
right with a radius of
1000.00 feet, the chord
azimuth and distance being:
16° 30' 139.51 feet;
22. 20° 30' 545.00 feet along the West side
of Government Road (Mud
Lane);
23. 14° 30' 150.00 feet along the west side
of Government Road (Mud
Lane);
24. 18° 00' 300.00 feet along the west side
of Government Road (Mud
Lane);
25. 20° 30' 800.00 feet along the West side
of Government Road (Mud
Lane);
26. 16° 30' 420.00 feet along the West side
of Government Road (Mud
Lane);
27. 18° 00' 520.00 feet along the West side
of Government Road (Mud
Lane);
28. 17° 00' 280.00 feet along the West side
of Government Road (Mud
Lane);
29. Thence along the West side of Government Road (Mud
Lane), on a curve to the
right with a radius of
800.00 feet, the chord
azimuth and distance being:
20° 30' 97.68 feet;
30. 24° 00' 95.00 feet along the West side
of Government Road (Mud
Lane);
31. Thence along the West side of Government Road (Mud
Lane), on a curve to the
left with a radius of
500.00 feet, the chord
azimuth and distance being:
-5-
17° 58' 105.11 feet;
32. 11° 56' 170.00 feet along the West side
of Government Road (Mud
Lane);
33. 14° 24' 191.00 feet along the West side
of Government Road (Mud
Lane);
34. Thence along the West side of Government Road (Mud
Lane), on a curve to the
right with a radius of
500.00 feet, the chord
azimuth and distance being:
17° 33' 30" 55.10 feet;
35. 20° 43' 164.00 feet along the West side
of Government Road (Mud
Lane);
36. Thence along the West side of Government Road (Mud
Lane), on a curve to the
left with a radius of
500.00 feet, the chord
azimuth and distance being:
15° 27' 91.79 feet;
37. 10° 11' 146.46 feet along the West side
of Government Road (Mud
Lane);
38. Thence along the West side of Government Road (Mud
Lane) and along the
remainder of L.C. Aw.
8559-B to W.C. Lunalilo
(Certificate No. 33) and
also along a fence, on a
curve to the right with a
radius of 220.00 feet, the
chord azimuth and distance
being:
55° 35' 30" 313.34 feet;
39. 101° 00' 871.00 feet along Lot 8 and 9 and
of remainder of L.C. Aw.
8559-B to W.C. Lunalilo
(Certificate of Boundaries
No. 33) and also along a
fence to the point of
beginning and containing
an area of 171.00 Acres.
(Refer to Parcel B as
shown on Exhibit "A".)
-6-
The district classification of the following area
situated at Waikoekoe, Hamakua, Hawaii, shall be Village
Commercial (CV-10);
PARCEL C:
Beginning at the Southwest corner of this parcel of land,
said point of beginning referred to Government Survey
Triangulation Station "PUU MAUU NORTH" being 3,808.14 feet
North and 1,803.92 feet East and thence running clockwise
by azimuths measured from true South:
1. 207° 47' 795.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
2. 300° 57' 325.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
3. 20° 28' 278.10 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
4. 309° 47' 516.41 feet along remainders of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33) and
L.C. Aw. 9926, Ap. 1 to
Luhi;
5. 35° 05' 360.76 feet along remainder of
L.C. Aw. 9926, Ap. 1 to
Luhi;
6. 115° 16' 820.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33) to
the point of beginning and
containing an area of
11.000 Acres. (Refer to
Parcel C as shown on
Exhibit "A".)
The district classification of the following area
situated at Kukuihaele, Hamakua, Hawaii, shall be Village
Commercial (CV-10):
PARCEL D:
-7-
Beginning at the West corner of this parcel of land, said
point of beginning referred to Government Survey
Triangulation Station "PUU MAUU NORTH" being 2,187.40 feet
North and 4,245.41 feet West and thence running clockwise
by azimuths measured from true South:
1. 216° 45' 327.67 feet along remainder of
Grant 933 to Kaluli,
et. al.;
2. 260° 53' 655.00 feet along remainder of
Grant 933 to Kaluli,
et. al.;
3. 238° 23' 239.00 feet along remainder of
Grant 933 to Kaluli,
et. al. and crossing the
road to Waimea/Waipio as
shown on Grant 933;
4. 332° 04' 383.00 feet along remainder of
Grant 933 to Kaluli,
et. al.;
5. 44° 33' 208.00 feet along remainder of
Grant 933 to Kaluli,
et. al. and crossing the
road to Waimea/Waipio as
shown on Grant 933;
6. 25° 19' 163.00 feet along remainder of
Grant 933 to Kaluli,
et. al.;
7. 79° 31' 318.00 feet along remainder of
Grant 933 to Kaluli,
et. al.;
8. 44° 49' 348.00 feet along remainder of
Grant 933 to Kaluli,
et. al.;
9. 113° 50' 458.99 feet along remainders of
Grant 933 to Kaluli,
et. al. and Grant 934 to
Makaku and Namai;
10. 172° 58' 263.56 feet along remainders of
Grant 933 to Kaluli,
et. al. and Grant 934 to
Makaku and Namai to the
point of beginning and
containing an area of
15.000 Acres. (Refer to
Parcel D as shown on
Exhibit "A".)
-8-
The district classification of the following area
situated at Lalakea, Hamakua, Hawaii, shall be Open (O):
PARCEL E:
Beginning at the Northeast corner of this parcel of land,
being also on the Southwest side of Honokaa-Waipio Road
(Project No. 110-240 A-O1-71), the coordinates of said
point of beginning referred to Government Survey
Triangulation Station "PUU MAUU NORTH" being 6,327.22 feet
North and 3,280.29 feet West and thence running by
azimuths measured clockwise from the South:
1. 275° 39' 30" 288.66 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
2. Thence along remainder of Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34), on a
curve to the left with a
radius of 1900.00 feet,
the chord azimuth and
distance being:
65° 49' 15" 1469.76 feet;
3. 43° 04' 900.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
4. Thence along remainder of Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34), on a
curve to the left with a
radius of 1350.00 feet,
the chord azimuth and
distance being:
14° 47' 1279.35 feet;
5. 346° 30' 600.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
6. Thence along remainder of Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34), on a
curve to the right with a
radius of 3000.00 feet,
the chord azimuth and
distance being:
353° 03' 684.42 feet;
-9-
7. 359° 36' 1600.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
8. 27° 30' 556.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
9. 356° 54' 610.19 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
10. 27° 22' 475.07 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
11. 78° 49' 406.65 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
12. 54° 00' 760.83 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
13. 14° 15' 1642.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
14. 66° 07' 104.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
15. 79° 08' 170.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
16. 94° 08' 125.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
17. 67° 22' 67.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
18. 59° 24' 170.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
-10-
19. 61° 46' 386.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
20. 68° 36' 264.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
21. 79° 30' 499.88 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
22. 57° 25' 341.50 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
23. 53° 29' 665.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
24. 50° 16' 912.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
25. 48° 11' 702.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
26. 41° 36' 317.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
27. 36° 28' 980.02 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34);
28. 122° 23' 1433.04 feet along a fence and
remainder of Kamehameha IV
Deed to W.C. Lunalilo
(Boundary Certificate
No. 34);
Thence following along top
of pali and portion of
Kamehameha IV Deed to W.C.
Lunalilo (Boundary
Certificate No. 34) for
the next ten (10) courses,
the direct azimuths and
distances along said top
of pali being:
-11-
29. 223° 16' 402.41 feet;
30. 213° 02' 332.00 feet;
31. 218° 30' 286.00 feet;
32. 217° 14' 663.00 feet;
33. 219° 47' 617.00 feet;
34. 224° 40' 659.00 feet;
35. 224° 42' 627.00 feet;
36. 194° 24' 724.00 feet;
37. 202° 38' 690.83 feet;
38. 212° 56' 1019.69 feet along R.P. 7529, L.C.
Aw. 4452, Ap. 5 to
H. Kalama, being also
along the Land of Waipio;
39. 297° 30' 40" 112.00 feet along R.P. 7529, L.C.
Aw. 4452, Ap. 5 to
H. Kalama, being also
along the Land of Waipio;
40. 326° 20' 40" 1062.00 feet along R.P. 7529, L.C.
Aw. 4452, Ap. 5 to
H. Kalama, being also
along the Land of Waipio;
41. 296° 15' 40" 455.00 feet along R.P. 7529, L.C.
Aw. 4452, Ap. 5 to
H. Kalama, being also
along the Land of Waipio;
42. 303° 15' 40" 267.00 feet along R.P. 7529, L.C.
Aw. 4452, Ap. 5 to
H. Kalama, being also
along the Land of Waipio;
43. 248° 30' 40" 171.00 feet along R.P. 7529, L.C.
Aw. 4452, Ap. 5 to
H. Kalama, being also
along the Land of Waipio;
44. 246° 30' 40" 898.00 feet along R.P. 7529, L.C.
Aw. 4452, Ap. 5 to
H. Kalama, being also
along the Land of Waipio;
45. 233° 58' 40" 1348.00 feet along R.P. 7529, L.C.
Aw. 4452, Ap. 5 to
H. Kalama, being also
along the Land of Waipio;
-12-
46. 259° 40' 40" 219.00 feet along R.P. 7529, L.C.
Aw. 4452, Ap. 5 to
H. Kalama, being also
along the Land of Waipio;
Thence along R.P. 7529,
L.C. Aw. 4452, Ap. 2 to
H. Kalama and the main
edge of pali that
separates the Land of
Waipio and Lalakea for the
next eleven (11) courses,
the direct azimuths and
distances along said main
edge of pali being:
47. 205° 21' 230.48 feet;
48. 180° 19' 688.95 feet;
49. 213° 27' 241.00 feet;
50. 189° 23' 534.00 feet;
51. 160° 39' 247.00 feet;
52. 188° 24' 459.00 feet;
53. 180° 13' 565.00 feet;
54. 167° 55' 446.00 feet;
55. 153° 32' 443.00 feet;
56. 167° 11' 657.05 feet;
57. 149° 16' 380.71 feet;
Thence along top of pali
and remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34) for the
next eight (8) courses,
the direct azimuths and
distances along said top
of pali being:
58. 233° 34' 295.46 feet;
59. 220° 22' 442.88 feet;
60. 224° 17' 407.00 feet;
61. 216° 37' 369.00 feet;
62. 209° 40' 220.00 feet;
63. 188° 04' 141.00 feet;
-13-
64. 156° 50' 154.00
65. 219° 12' 33.19
66. 316° 39' 40" 78.41
67. 223° 39' 40" 338.55
68. 209° 10' 40" 201.66
69. 221° 33' 40" 136.44
70. 229° 59' 40" 161.51
71. 274° 50' 40" 74.52
72. 271° 18' 40" 85.36
73. 161° 42' 40" 86.13
74. 238° 00' 40" 28.83
feet;
feet;
feet along Lot 5, being a
portion of Kamehameha IV
Deed to W.C. Lunalilo
(Certificate of Boundaries
No. 34);
feet along Lots 4 and 5,
being portions of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
feet along Lot 4, being a
portion of Kamehameha IV
Deed to W.C. Lunalilo
(Certificate of Boundaries
No. 34);
feet along Lots 3 and 4,
being portions of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
feet along Lot 3, being a
portion of Kamehameha IV
Deed to W.C. Lunalilo
(Certificate of Boundaries
No. 34);
feet along Lot 3, being a
portion of Kamehameha IV
Deed to W.C. Lunalilo
(Certificate of Boundaries
No. 34);
feet along Lot 2, being a
portion of Kamehameha IV
Deed to W.C. Lunalilo
(Certificate of Boundaries
No. 34);
feet along Lot 2, being a
portion of Kamehameha IV
Deed to W.C. Lunalilo
(Certificate of Boundaries
No. 34);
feet along Lot 2, being a
portion of Kamehameha IV
Deed to W.C. Lunalilo
(Certificate of Boundaries
No. 34);
-14-
75. 193° 28' 40" 16.58 feet along a portion of
Kamehameha IV Deed
(Certificate of Boundaries
No. 34);
76. 216° 51' 40" 28.59 feet along a portion of
Kamehameha IV Deed
(Certificate of Boundaries
No. 34);
77. 224° 31' 40" 38.37 feet along a portion of
Kamehameha IV Deed
(Certificate of Boundaries
No. 34);
Thence along middle of
stream, the direct azimuth
and distance along said
middle of stream being:
78. 20° 49' 40" 15.93 feet;
79. 293° 09' 40" 282.00 feet along Lot 1, being a
portion of Kamehameha IV
Deed (Certificate of
Boundaries No. 34);
80. 203° 09' 40" 280.00 feet along Lot 1, being a
portion of Kamehameha IV
Deed (Certificate of
Boundaries No. 34);
81. 293° 09' 40"
82. 23° 09' 40"
83. 293° 09' 40"
84 204° 09' 40"
30.00 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
280.00 feet along Lot 2, being a
portion of Kamehameha IV
Deed (Certificate of
Boundaries No. 34);
195.00 feet along Lot 2, being a
portion of Kamehameha IV
Deed (Certificate of
Boundaries No. 34);
128.28 feet along Lot 2, being a
portion of Kamehameha IV
Deed (Certificate of
Boundaries No. 34);
85. 294° 09' 40" 342.84 feet along Lots 3, 4, 5, 6
and A, being portions of
Kamehameha IV Deed
(Certificate of Boundaries
No. 34);
-15-
86. 236° 03'
87. 194° 15' 30"
87.85 feet along Lot A, being a
portion of Kamehameha IV
Deed (Certificate of
Boundaries No. 34);
60.74 feet along Lot A, being a
portion of Kamehameha IV
Deed (Certificate of
Boundaries No. 34);
88. 219° 39' 4.38 feet along Lot A, being a
portion of Kamehameha IV
Deed (Certificate of
Boundaries No. 34);
89. Thence along the Southwest side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71), on a curve to
the right with a radius of
160.00 feet, the chord
azimuth and distance being:
338° 11' 16" 147.61 feet;
90. 5° 39' 30" 24.29 feet along the West side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
91. Thence along the Southwest side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71), on a curve to
the right with a radius
of 50.00 feet, the chord
azimuth and distance being:
50° 39' 30 70.71 feet;
92. 95° 39' 30" 106.93 feet along the North side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
93. 5° 39' 30" 90.00 feet along the West side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71) to the point of
beginning and containing
an area of 363.28 Acres,
more or less. (Refer to
Parcel E as shown on
Exhibit "A".)
-16-
The district classification of the following area
situated at Keaa, Puopaha, Kalakalaula, Kukuihaele,
Waikoekoe, Lalakea, Kanahonua, Hamakua, Hawaii, shall be
Agricultural (A-la):
PARCEL F:
Beginning at the Northwest corner of this parcel of land,
being also on the South side of Honokaa-Waipio Road
(Project No. 110-240 A-O1-71), the coordinates of said
point of beginning referred to Government Survey
Triangulation Station "PUU MAUU NORTH" being 6,298.75 feet
North and 2,993.03 feet West and thence running by
azimuths measured clockwise from the South:
1. 275° 39' 30" 240.27 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
2. 5° 39' 30" 60.00 feet along the Southwest
side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71);
3. 275° 39' 30" 14.28 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
4. Thence along the South side of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71), on a curve to
the left with a radius of
7739.44 feet, the chord
azimuth and distance being:
274° 57' 43" 188.13 feet;
5. 184° 15' 56" 30.00 feet along the Southeast
side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71);
6. Thence along the South side of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71), on a curve to
the left with a radius of
7709.44 feet, the chord
azimuth and distance being:
272° 18' 39" 525.93 feet;
-17-
7. 30° 13' 177.00 feet along portions of
R.P. 6513, L.C. Aw. 7957,
Ap. 2 to Kaluli and
Grant 933 to Kaluli,
et. al.;
8. 271° 13' 285.00 feet along portions of
Grant 933 to Kaluli,
et. al.;
9. 177° 43' 160.27 feet along portions of
Grant 933 to Kaluli,
et. al.;
10. Thence along the South side of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71), on a curve to
the left with a radius of
7709.44 feet, the chord
azimuth and distance being:
268° 45' 41.4" 50.19 feet;
11. 268° 34' 30"
12. 178° 34' 30"
13. 268° 34' 30"
14. 178° 34' 30"
15. 268° 34' 30"
16. 18° 30'
17. 276° 00'
18. 182° 30'
591.28 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
20.00 feet along the Southeast
side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71);
200.00 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
10.00 feet along the Southeast
side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71);
137.85 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
371.05 feet along remainder of
Grant 929, Ap. 1 to Lono;
375.00 feet along remainder of
Grant 929, Ap. 1 to Lono;
241.30 feet along remainder of
Grant 929, Ap. 1 to Lono;
-18-
19. 272° 30'
20. 2° 30'
21. 18° 27' 30"
22. 14° 06'
23. 15° 35'
24. 270° 04'
25. 298° 26'
26. 229° 34'
27. 261° 32'
28. 287° 54'
29. 313° 54'
30. 303° 19'
31. 197° 30'
32. 268° 34' 30"
33. 178° 34' 30"
30.00 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
245.51 feet along a portion of
L.C. Aw. 11216, Ap. 50 to
Kekauonohi;
125.66 feet along a portion of
L.C. Aw. 11216, Ap. 50 to
Kekauonohi;
138.86 feet along a portion of
L.C. Aw. 11216, Ap. 50 to
Kekauonohi;
106.89 feet along a portion of
L.C. Aw. 11216, Ap. 50 to
Kekauonohi;
Thence the zoning district
boundary follows along the
center of the Lower
Hamakua Ditch for the next
seven (7) courses, the
direct azimuths and
distances between points
along said center of ditch
being:
134.05 feet;
192.01 feet;
193.00 feet;
345.00 feet;
321.00 feet;
357.00 feet;
199.00 feet;
1212.06 feet along a portion of
L.C. Aw. 11216, Ap. 50 to
Kekauonohi;
244.83 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
20.00 feet along the Southeast
side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71);
-19-
34. 268° 34' 30" 120.00 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
35. 358° 34' 30" 30.00 feet along the Southwest
side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71);
36. 268° 34' 30" 130.00 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
37. 178° 34' 30" 20.00 feet along the Southeast
side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71);
38. 268° 34' 30" 500.00 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
39. 358° 34' 30" 20.00 feet along the Southwest
side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71);
40. 268° 34' 30" 150.00 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
41. 178° 34' 30" 30.00 feet along the Southeast
side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71);
42. 268° 34' 30" 200.00 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
43. 358° 34' 30" 10.00 feet along the Southwest
side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71);
44. 268° 34' 30" 130.00 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
45. 358° 34' 30" 10.00 feet along the Southwest
side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71);
-20-
46. 268° 34' 30" 320.00 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
47. 358° 34' 30" 10.00 feet along the Southwest
side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71);
48. 268° 34' 30" 67.32 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
49. Thence along the South side of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71), on a curve to
the right with a radius of
2528.77 feet, the chord
azimuth and distance being:
270° 35' 20" 177.73 feet;
50. 182° 36' 10" 20.00 feet along the Southeast
side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71);
51. Thence along the South side of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71), on a curve to
the right with a radius of
2548.77 feet, the chord
azimuth and distance being:
283° 39' 20" 977.27 feet;
52. 204° 42' 30" 10.00 feet along the Southeast
side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71);
53. 294° 42' 30" 1390.00 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
54. 24° 42' 30" 10.00 feet along the Southwest
side of Honokaa-Waipio
Road (Project No. 110-240
A-O1-71);
55. 294° 42' 30" 98.38 feet along the South side
of Honokaa-Waipio Road
(Project No. 110-240
A-O1-71);
-21-
56. Thence boundary follows along the middle of
Kawaiponohua Gulch, the
direct azimuth and
distance along said middle
of gulch being:
26° 35' 30" 124.65 feet;
57. 13° 15' 2080.00 feet along R.P. 7752, L.C.
Aw. 7588-H, Ap. 1 to
Kalaimamahu;
58. 18° 45' 735.00 feet along R.P. 7752, L.C.
Aw. 7588-B, Ap. 1 to
Kalaimamahu;
59. 5° 15' 400.00 feet along R.P. 7752, L.C.
Aw. 7588-B, Ap. 1 to
Kalaimamahu;
60. 21° 15' 860.00 feet along R.P. 7752, L.C.
Aw. 7588-B, Ap. 1 to
Kalaimamahu;
61. 7° 30' 2453.48 feet along R.P. 7752, L.C.
Aw. 7588-B, Ap. 1 to
Kalaimamahu;
62. 112° 21' 3730.03 feet along remainders of
L.C. Aw. 9971, Ap. 1 to
W.P. Leleiohoku;
Grant 1772 to N. Keau;
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo and crossing
a Government Road
(Registered Map No. 2640);
63. Thence along remainder of L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo, on a curve
to the left with a radius
of 240.00 feet, the chord
azimuth and distance being:
77° 13' 30" 276.17 feet;
64. 42° 06' 877.06 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo;
65. Thence along remainder of L.C. Aw. 8859-B, Ap. 2 to
W.C. Lunalilo and the West
side of a Government Road
(Mud Lane), on a curve to
the left with a radius of
3462.00 feet, the chord
azimuth and distance being:
30° 23' 1406.07 feet;
-22-
66. 18° 40' 195.00 feet along the West side
of a Government Road (Mud
Lane);
67. 20° 53' 570.00 feet along the West side
of a Government Road (Mud
Lane);
68. 29° 06' 116.00 feet along the West side
of a Government Road (Mud
Lane);
69. 111° 00' 20.00 feet along the West side
of a Government Road (Mud
Lane);
70. 21° 00' 150.00 feet along the West side
of a Government Road (Mud
Lane);
71. 110° 21'
72. 119° 03'
73. 22° 00'
74.
75
76.
77
78
79
1400.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo and L.C.
Aw. 11216, Ap. 50 to
Kekauonohi;
395.00 feet along remainder of
L.C. Aw. 11216, Ap. 50 to
Kekauonohi;
537.00 feet along remainders of
L.C. Aw. 7872, Ap. 2 to
Kaiama and Grant 921 to S.
Kukahekahe;
48° 13' 680.00 feet along remainder of
Grant 921 to S. Kukahekahe;
39° 17' 600.00 feet along remainder of
Grant 921 to S. Kukahekahe
and Government Road;
29° 20' 225.00 feet along remainder of
Grant 921 to S. Kukahekahe
and Government Road;
41° 18' 250.00 feet along remainder of
Grant 921 to S. Kukahekahe
and Government Road;
50° 13' 300.00 feet along remainders of
Government Road and
Grant 924 to J. Wood;
26° 09' 205.00 feet along remainders of
Grant 924 to J. Wood and
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo;
-23-
80. 357° 48' 415.00 feet
L.C.
W.C.
81. 8° 48' 180.00 feet
L.C.
W.C.
along remainder of
Aw. 8559-B, Ap. 2 to
Lunalilo;
along remainder of
Aw. 8559-B, Ap. 2 to
Lunalilo;
82. 346° 50' 170.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo;
83. 7° 45' 305.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo;
84. 12° 13' 322.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo;
85. 23° 06' 410.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo;
86. 108° 12' 2635.60 feet along remainders of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo and
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
Thence zoning district
boundary follows along the
middle of a stream, being
also along the remainder
of Kamehameha IV Deed to
W.C. Lunalilo (Certificate
of Boundaries No. 34) for
the next five (5) courses,
the direct azimuths and
distances along said
middle of stream being:
87. 197° 55' 347.00 feet;
88. 95° 44' 269.00 feet;
89. 123° 41' 288.00 feet;
90. 158° O1' 661.00 feet;
91. 146° O1' 613.71 feet;
92. 259° 30' 306.23 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
-24-
93. 248° 36' 264.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
94. 241° 46' 386.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
95. 239° 24' 170.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
96. 247° 22' 67.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
97. 274° 08' 125.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
98. 259° 08' 170.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
99. 246° 07' 104.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
100. 194° 15' 1642.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
101. 234° 00' 760.83 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
102. 258° 49' 406.65 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
103. 207° 22' 475.07 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
104. 176° 54' 610.19 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
-25-
105. 207° 30' 556.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
106. 179° 36' 1600.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
107. Thence along remainder of Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34), on a
curve to the left with a
radius of 3000.00 feet,
the chord azimuth and
distance being:
173° 03' 684.42 feet;
108. 166° 30' 600.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
109. Thence along remainder of Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34), on a
curve to the right with a
radius of 1350.00 feet,
the chord azimuth and
distance being:
194° 47' 1279.35 feet;
110. 223° 04' 900.00 feet along remainder of
Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34);
111. Thence along remainder of Kamehameha IV Deed to W.C.
Lunalilo (Certificate of
Boundaries No. 34), on a
curve to the right with a
radius of 1900.00 feet,
the chord azimuth and
distance being:
245° 49' 15" 1469.76 feet;
to the point of beginning
and containing an area of
a gross area of 1905.044
Acres and a net area
1863.769 Acres, more or
less after excluding the
following described
parcels:
-26-
PARCEL A:
Beginning at the Northeast corner of this parcel of land,
said point of beginning referred to Government Survey
Triangulation Station "PUU MAUU NORTH" being 3,384.38 feet
North and 1,507.77 feet East and thence running clockwise
by azimuths measured from true South:
1. 338° 31' 206.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
2. 16° 35' 281.53 feet along remainder of
L.C. Aw. 8559-H, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
3. 77° 32' 564.85 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
4. 113° 18' 587.37 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
5. 183° 29' 226.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
6. 239° 55' 220.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
7. 197° 02' 180.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
8. 234° 23' 134.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
9. 287° 50' 767.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo to the point
of beginning and
containing an area of
15.000 Acres;
PARCEL C:
-27-
Beginning at the Southwest corner of this parcel of land,
said point of beginning referred to Government Survey
Triangulation Station "PW MAUU NORTH" being 3,808.14 feet
North and 1,803.92 feet East and thence running clockwise
by azimuths measured from true South:
1. 207° 47' 795.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
2. 300° 57' 325.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
3. 20° 28' 278.10 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33);
4. 309° 47' 516.41 feet along remainders of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33) and
L.C. Aw. 9926, Ap. 1 to
Luhi;
5. 35° 05' 360.76 feet along remainder of
L.C. Aw. 9926, Ap. 1 to
Luhi;
6. 115° 16' 820.00 feet along remainder of
L.C. Aw. 8559-B, Ap. 2 to
W.C. Lunalilo (Certificate
of Boundaries No. 33) to
the point of beginning and
containing an area of
11.000 Acres;
PARCEL D:
Beginning at the West corner of this parcel of land, said
point of beginning referred to Government Survey
Triangulation Station "PUU MAUU NORTH" being 2,187.40 feet
North and 4,245.41 feet West and thence running clockwise
by azimuths measured from true South:
1. 216° 45' 327.67 feet along remainder of
Grant 933 to Kaluli,
et. al.;
2. 260° 53' 655.00 feet along remainder of
Grant 933 to Kaluli,
et. al.;
_2fl_
3. 238° 23' 239.00 feet along remainder of
Grant 933 to Kaluli,
et. al. and crossing the
road to Waimea/Waipio as
shown on Grant 933;
4. 332° 04' 383.00 feet along remainder of
Grant 933 to Kaluli,
et. al.;
5. 44° 33' 208.00 feet along remainder of
Grant 933 to Kaluli,
et. al. and crossing the
road to Waimea/Waipio as
shown on Grant 933;
6. 25° 19' 163.00 feet along remainder of
Grant 933 to Kaluli,
et. al.;
7. 79° 31' 318.00 feet along remainder of
Grant 933 to Kaluli,
et. al.;
8. 44° 49' 348.00 feet along remainder of
Grant 933 to Kaluli,
et. al.;
9. 113° 50' 458.99 feet along remainders of
Grant 933 to Kaluli,
et. al. and Grant 934 to
Makaku and Namai;
10. 172° 58' 263.56 feet along remainders of
Grant 933 to Kaluli,
et. al. and Grant 934 to
Makaku and Namai to the
point of beginning and
containing an area of
15.000 Acres; and
KUKUIHAELE TANK SITE
Beginning at the Southwest corner of this parcel of land,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU MAUU NORTH"
being 5,662.33 feet North and 772.57 feet West and thence
running by azimuths measured clockwise from true South:
1. 194° 06' 120.00 feet along remainder of
Grant 930 to Kaiama, et.
al.;
2. 284° 06' 100.00 feet along remainder of
Grant 930 to Kaiama, et.
al.;
-29-
3. 14° 06' 120.00 feet along the West side
of a Government Road (Mud
Lane);
4. 104° 06' 100.00 feet along remainder of
Grant 930 to Kaiama, et.
al. to the point of
beginning and containing
an area of 0.275 Acre.
(Refer to Parcels A, C, D,
F and Kukuihaele Tank Site
as shown on Exhibit "A".)
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. These changes in district classification are
conditioned upon the following: (A) the applicant, successors
or assigns shall be responsible for complying with all of the
stated conditions of approval and other aareem n as on ained
in Exhibit B; (B) the effective date of the rezoning shall be
(1) when the applicant provides assurance satisfactory to the
Departments of Water Supply and Planning, upon consultation
with the State Department of Health and the Department of Land
and Natural Resources that a water source(s) of sufficient
quality and quantity has (have) been established within two
years from the date of mayoral signature; provided that a
maximum one-year extension may be granted by the Planning
Director with reasonable and sufficient justification; and
(2) an agreement, together with the appropriate bond, surety or
other security deemed acceptable by the Planning Director, is
executed between the applicant and the County through its
Departments of Water Supply and Planning for the actual
development of a proven source and its water transmission and
distribution system within one year from the official date of
compliance with Condition B(1); provided that a one-year
-30-
extension may be granted by the Planning Director with
reasonable and sufficient justification; (C) plans for
agricultural subdivision, plan approval review of the
condominiums and hotel and golf course development, shall be
submitted to the Planning Department within eighteen months
from the effective date of the change of zone ordinance.
Tentative or preliminary approvals shall be secured within one
year thereafter. Final subdivision approval or plan approval
of the various project components shall be secured within one
year thereafter; (D) the connecting road ("Mud Lane Road"
extension) from Highway 240 to the Hawaii Belt Road shall be
constructed meeting with the approval of the Department of
Public Works. The "Mud Lane Road" extension shall be
constructed in its entirety prior to issuance of a certificate
of occupancy for any portion of the development, opening of any
golf course, or in conjunction with final subdivision approval
of any portion of the development, whichever comes first;
(E) intersection improvements, which may include traffic
signals and channelization, shall be provided at the newMud
Lane Connector Road-Hawaii Belt Road intersection and the new
Mud Lane Connector Road-Highway 240 intersection as required by
the Department of Transportation and the Department of Public
Works; (F) A new primary access shall be constructed to the
Hamakua Makai area] between Kona Camp and the existing access
to Kukuihaele in conjunction with any development occurring on
the Hamakua Makai area. Additionally, a new by-pass
intersection to the west (Waipio side) of Tiger Camp and a new
access road (cul-de-sac) to the end of Tiger Camp shall be
-31-
constructed in conjunction with any development occurring on
the Hamakua Mauka or Makai areas. The new _primarv access, the
new Kukuihaele by-pass intersection and improvements to the
existing Kukuihaele Road (i.e. pavement widening and bike
Bath/pedestrian walkway) through the Village shall be reviewed
and approved by the Department of P blic Works in con ulta ion
with the Planning Department and completed prior to issuance
of any certificate of occupancy, final subdivision approval or
opening of the golf course, whichever occurs first; (G) an
internal traffic circulation plan of the project area (Hamakua
Mauka) shall be submitted for review and approval by the
Department of Public Works prior to submitting plans for plan
approval, subdivision or grading. The internal traffic
circulation plan shall indicate the conceptual roadway network
to and through the various development areas; (H) an historic
preservation mitigation plan of each development area shall be
prepared and submitted for approval by the Planning Department,
in consultation with the Department of Land and Natural
Resources, prior to submitting plans for preliminary
subdivision, plan approval review, or grading, whichever comes
first. The plan shall consist of an archaeological data
recovery plan and a preservation plan. Approved mitigation
measures shall be implemented prior to or in conjunction with
any land alterations in the respective development areas;
(i) should any unidentified sites or remains such as artifacts,
shell, bone, or charcoal deposits, human burials, rock or coral
alignments, pavings or walks be encountered, work in the
immediate area shall cease and the Planning Department shall be
immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the Planning Department when it
-32-
finds that sufficient mitigative measures have been taken;
(J) to ensure that the Goals and Policies of the Housing
Element of the General Plan are implemented, the applicant
shall work with the Office of Housing and Community Development
and the Planning Department to formulate a housing plan for the
development, which shall be consistent with the interim
affordable housing policy of the County as contained in the
Hawaii County Housing Agency Resolution No. 65. This housing
plan, which shall include escrow instructions for employee
housino, shall be approved_by the County Housing Agency prior
to final subdivision or plan approval of any portion of the
village commercial or multiple-family residential zoned area;
provided that the applicant shall notify the County Housing
Agency of any intent to sell, lease, assign, place in trust, or
otherwise voluntarily alter the ownership interest in the
property prior to visible commencement of construction on the
property; provided further that the applicant may transfer
ownership in the property to an affiliate or in a manner
consistent with prior representations to the County Housing
Agency; (K) as agreed to by the applicant, restrictive
covenants in the deeds of all agricultural zoned lots shall
prohibit the construction of ohana dwelling units. A copy of
the proposed covenant(s) shall be submitted to the Planning
Department for review and approval prior to final subdivision
approval of each agricultural subdivision. Written assurance
for implementation of this condition, which has met with the
approval of the Planning Department, shall be submitted to the
Planning Department prior to final subdivision approval of each
agricultural subdivision. A copy of a typically recorded
-33-
covenant shall be filed with the Planning Department within one
year from the date of final subdivision approval of each
agricultural subdivision; (L) it shall be demonstrated to the
satisfaction of the Planning Department that agricultural
activity is being conducted on the subdivided
agricultural-zoned lots within three years from the date of
final subdivision approval. For the purpose of this condition,
"agriculture" shall be defined as the cultivation of crops,
including but not limited to flowers, vegetables, foliage,
fruits, forage and timber; game propagation; raising of
livestock, including but not limited to poultry, bees, fish or
other animal or aquatic life that are propagated for economic
or personal use. This condition shall be incorporated in each
of the deeds for the proposed agricultural-zoned lots and duly
recorded with the State Bureau of Conveyances. A copy of the
recorded deeds shall be filed with the Planning Department
within one year from the date of final subdivision approval of
the agricultural-zoned lots; (M) the applicant shall work with
the State Department of Education and the Planning Department
to provide its pro rata share for school facilities. The pro
rata share determination and its implementation (i.e.
dedication of land, construction of classrooms or funding)
shall be approved by the Planning Department, in consultation
with the Department of Education, prior to final subdivision
approval of any portion of the multiple-family residential or
agricultural development; (N) prior to development or land
alterations of any portion of the Hamakua Mauka [or Hamakua
Makai] areas, a comprehensive drainage study shall be conducted
to determine the type of drainage improvements that would be
-34-
required given the topography of the area; the stream and
gulches which cross-cut the property; the geological
composition of the area; and the amount of water to be
generated by the proposed development. The study shall be
reviewed and approved by the Department of Public works and
approved recommendations implemented as the development
proceeds. Accordingly, a drainage system shall be installed
meeting with the requirements of the Department of Public Work;
(O) the applicant shall [set aside] provide a maximum of 6
acres of land for fire/police station expansion, or as
otherwise agreed upon by the Fire and Police Chiefs and the
Planning Director. The land area, its location and timing of
dedication, shall be approved prior to submitting plans for
subdivision or plan approval review of any portion of the
development; provided that compliance with this condition may
be satisfied with the same condition in the Hamakua Makai
change of zone ordinance; (P) the applicant shall provide an
additional transfer station and necessary improvements meeting
with the approval of the Department of Public Works. The
transfer station and required improvements shall be provided
prior to issuance of a certificate of occupancy, establishment
of the golf course or final subdivision approval for any
portion of the development; provided that compliance with this
condition may be satisfied with the same condition in the
Hamakua Makai change of zone ordinance; (Q) the applicant shall
[identify] provide minimum of 6.1-acres of land for park and
recreational use to be incorporated with the existing county
park site; provided that compliance with this condition may be
satisfied with the same condition in the Hamakua Makai change
-35-
of zone ordinance. The land area, configuration, and type of
improvements shall meet with the approval of the Departments of
Parks and Recreation and Planning prior to submitting plans for
subdivision or plan approval review. The nark site development
shall be completed prior to occupancy of any units of th
development. The construction of a community center shall be
included in the improvements to be provided on the park site.
The phasing of park site development shall also meet with the
approval of the Departments of Parks and Recreation and
Planning. Until such time that the park is dedicated to and
accepted by the County, there shall be adequate assurance, as
determined by the Corporation Counsel, for the maintenance of
the private park by recorded covenant running with the land
which shall include the following: (1) obligate the
subdividers to maintain the private park in perpetuity; and
(2) empower the County, through the Department of Parks and
Recreation, to enforce the covenants to maintain the private
park, authorizing the performance of maintenance work by the
County in the event of failure by the subdividers, purchasers,
occupants, or association in the subdivision to perform such
work and permit the subjecting of the land and properties in
the subdivision to a lien until the cost of the work performed
by the County has been reimbursed; (R) a minimum 300-foot wide
buffer consisting of a minimum of 350 acres shall be set aside
on the Waipio Valley rim to serve as a preservation buffer for
Waipio Valley. The buffer shall be described as a perpetual
easement for the purpose of protecting the land in its natural,
scenic, and open-space condition and shall be maintained in
perpetuity by the applicant, successors or assigns. The terms
-36-
and conditions of the easement shall include provisions for the
applicant's participation in a refores ation program
wilderness trail system and related improvemen which shall
be reviewed and approved by the Planning Department, in
consultation with the Department of Land and Natural Resources,
prior to any final subdivision approval, final plan approval or
land alterations of the Hamakua Mauka and Makai areas; (S) a
new lookout, parking and related improvements shall be
[provided in conjunction with any development occurring on the
Hamakua Mauka or Makai areas] completed prior to o c pan v of
any units of the developmen These improvements, its location
and design, shall be approved by the Planning Department prior
to submitting plans for subdivision, plan approval or grading;
(T) an interpretive cultural center shall be provided within
the [Kukuihaele Special Treatment] development area and shall
be completed prior to occupancy of any units of he
development. The interpretive cultural center, its location,
improvements (with possible phasing thereof) and management
shall be approved by the Planning Department prior to
submitting plans for subdivision, plan approval or grading
provided that compliance with this condition may be sa isfi d
through compliance with th same ondition in he Hamak a Makai
chance of zone ordinan e; (U) a job training program for the
operating phase of the hotel shall be developed and submitted
to the Planning Department for review and approval prior to
receipt of Final Plan Approval for the hotel development. The
on-going training program shall continue and will provide for
an upgrading of skills and opportunities; (V) [a regional
infrastructural improvement program (RIIP) shall be formulated
-37-
by the applicant and submitted for review and approval by the
Planning Department, in consultation with appropriate affected
agencies, prior to submittal of plans for any subdivision or
plan approval review of any area of development. The RIIP
shall include (1) the identification of existing regional
off-site infrastructure, including but not limited to fire,
police, emergency medical, health, education, wastewater, solid
waste, and park facilities/services, and roads and highways;
(2) identification of projected regional infrastructural
improvements based upon current available information, plans
and respective agency data; (3) estimated impact of project on
regional infrastructure utilizing methodology and figures
acceptable to the Planning Department; and (4) implementation
program for alleviating regional public facility and public
service impacts. Conditions within this ordinance or the
Hamakua Makai ordinance which require infrastructural
improvements may fully or partially satisfy the regional
infrastructural improvement program, if determined by the
Planning Department, in consultation with the affected
agency(ies), to meet projected regional demands; (w) ]comply
with all other applicable laws, rules, regulations and
requirements; ([X]W) 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; ([Y]X) an annual progress report shall
be submitted to the Planning Department prior to the
anniversary date of the approval of this change of zone. The
-38-
report shall address in detail the status of the development of
each area (including number of lots created, number of units
constructed) 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 Department acknowledges that further reports are not
required; and ([Z)Y) an extension of time for the performance
of conditions set forth in this 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 applicant,
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; 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 year); 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 of
the respective development areas not be met or substantially
complied with in a timely fashion, the Director shall initiate
rezoning of the applicable area to its original or more
appropriate designation.
-39-
SECTION 3. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUN IL MEMBER, COUNTY F HAWAII
Hilo, Hawaii
Date of Introduction: November 20, 1991
Date of 1st Reading: November 20, 1991
Date of 2nd Reading: December 10, 1991
Effective Date: December 26, 1991
-40-
RUSSELL S. KOKUBUN
Chairman & Presiding Officer
MERLE K. LAI
Vice-Chairwoman
or
~~~~~~.i.n~
~F
COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25Aupuni Sheet
Hilo, Hawaii 96720
N TE
JAMES Y. ARAKAKI
BRL1N J. DE LIMA
TAKASHI DOMINGO
HELENE H. HALE
ROBERT H. MAKUAKANE
HARRY S. RUDDLE
SPENCER K. SCHUTTB
On Bill No. 5t5 Draft 2 Ordinance No. 91-133 ,
reference is made to a map attached hereto, marked Exhibit A ".
Said Exhibit is not part of the duplicate copies of this
ordinance, due to its size, but is available for viewing in the
Office of the County Clerk.
If further information is needed, call 961-8255.
C~"t - ~ G' '?it-Q~-
John A. Wagner 0
COUNTY CLERK
EXHIBIT "B"
AGREEMENT
AGREEMENT, made this day of 1991, by and
among HAMAKUA SUGAR COMPANY, INC. ("Hamakua") and WESTERN FARM
CREDIT BANK ("WFCB").
W I T N E S S E T H:
WHEREAS, Hamakua is facing impending foreclosure by the
Western Farm Credit Bank (WFCB); and
WHEREAS, if Hamakua is unable to meet its obligations, it
faces inevitable foreclosure and cessation of sugar growing
operations; and
WHEREAS, the closure of Hamakua would result in the loss of
approximately 750 plantation jobs and 450 plantation supported
housing units; and
WHEREAS, the County of Hawaii recognizes that the loss of
Hamakua would significantly impact the County's economy, especially
in the Hamakua area; and
WHEREAS, Hamakua wishes to rezone approximately 3,827 acres
of plantation land in the vicinity of Kukuihaele to develop a
resort complex and residential community; and
WHEREAS, if Hamakua's land sales recovery program is
successful in retiring the present debt that the company will be
a financially viable enterprise for the foreseeable future; and
WHEREAS, the County would like to assist Hamakua with its
plans for development, but has concerns about the future impacts
upon the Kukuihaele community and its residents; and
WHEREAS, the County has similar concerns about the uncertain
housing future for Hamakua's employees; and
WHEREAS, Hamakua on behalf of its successors and/or assigns
is willing to provide certain community benefits to lessen the
impacts that development may have upon the Kukuihaele area; and
WHEREAS, Hamakua has agreed to certain employee housing
programs to ensure that employee housing is perpetuated in the
unlikely event that Hamakua closes its operations, goes into
bankruptcy, or is foreclosed upon;
NOW, THEREFORE, upon receipt of rezoning for the Kukuihaele
land use plan, Hamakua and WFCB hereby agree to perform and commit
to the following:
1. Hamakua, either solely or in conjunction with its
designated successors or assigns, agrees to implement
the list of regional and community benefits contained in
the "Kukuihaele land Use Public Benefits Proposal"
(October, 1991) and appended hereto as Appendix 1.
2. Hamakua, either solely or in conjunction with its
designated successors or assigns, agrees to facilitate
an ongoing working relationship with the Kukuihaele
community in the implementation of community wide
benefits (i.e. park site, interpretive cultural center,
community center) for Kukuihaele through the Hamakua
District Development Council (HDDC).
3. Hamakua, either solely or in conjunction with its
designated successors or assigns, agrees to establish a
Real Property Tax Trust Fund for the residents of
Kukuihaele to provide additional tax relief beyond what
is available in the existing real property tax system.
A draft of the proposed fund is appended hereto as
Appendix 2.
4. Hamakua agrees to those employee housing provisions
appended hereto as Appendix 3.
In the event that any provision of this agreement is declared
unconstitutional, or the applicability thereof to any person or
circumstance is held invalid, the constitutionality or the validity
of the remainder of this agreement shall not be affected.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
as of the day and year first above written.
HAMAKUA SUGAR COMPANY, INC.
By Yo
Its President & C.E.O.
WESTERN FARM CREDIT BANK
By
Its
HOW, TFIEREFORE, upon receipt of reZOning for the Kukufhaele ``
land use plan, Namakua and WFCB hereby agree to perform and commit
to the following:
1, Hamakua, either solely or in con3unction with Its
designata0 successors or assigns, agreso to implement
the list of regional and community bonsflta contained in
the "Kukufhaele Lend Uee public Benefits Proposal"
(October, 1991) and appended hereto as Appendix 1.
2. Namakua, either ao1.1y or in oonSunction with its
designated successors or easigne, agrees Lo facilitate
an ongoing working retationshfp with the Kukufhaele
community in the implementation of community wide
benefits (i.o. park situ, Snterpretive cultural center,
community center) for Kukufhaele through the Hamakua
Distrfot Development CounCi) (HODC).
3. Hamakua, either solely or in conSunctfon with its
designated successors or assigns, agrees to establish a
Real Property Tax Trust Fund for the residents of
Kukufhaele Co provide atlditional tax relief beyond what
ie available in tho sxiQting real property tax system.
A draft of the proposed fund is appended Hereto as
Appendix 2.
4, Namakua agrees to those employee housing provisions
appended hereto as Appendix 3.
In the event Chat any provision of this agreement is declared
unconstitutional, or the applicability thoreof to any Parson or
circumstance is hold invalid, the oonetitutionality Or the validity Z i;
of the remainder of this agreement shall not be affected.
IN WITNESS WHEREOf, the parties hereto have @xecuted this agreement
ae of the day and year first above written.
NAMAKUA SUGAR COMPANY, INC.
ar~
Its Pseaident b C.E.O.
WESTE F RM CREDIT SANK
Zed ae~nS lin ~1HWHH EZ=ZT sad T6-9 -D3 Q_
TOTRL P.C~
APPENDIX I
LAND USE
PUBLIC BENEFITS PROPOSAL
BAIIAICIIA SUGAR COXPAXY, ZNC.
P. O. Bos 250
Paauilo, Hawaii 96776
October 1991
RIIRUIIIAELE LAND USS
PUBLIC BENEFITS PROPOSAL
Hamakua Sugar Company, Inc. ("HSC") cultivates
approximately 35,000 acres of sugar lands on the Island of
Hawaii. The plantation itself is only 3-1/2' miles wide, but
extends for almost 34 miles along the rugged Hamakua coast.
It is the State's second largest producer of sugar,
and based on gross receipts, is the 81st largest farming
concern in America. Since 1984, the company has diversified
its business interests and modernized operations. In 1986
Hamakua started an integrated beef operation, Big Island Meat,
which raises both pasture and grain fed cattle in the Big
Island's only feedlot before processing them through its
slaughterhouse and fabrication plant.
In addition to Big Island Meat, HSC operates a small
manufacturing and marketing business for a line of cane syrup
products. HSC is also a member and part owner of California
and Hawaii Sugar Company (C&H), the world renowned refining and
marketing cooperative.
Hamakua also generates approximately 11.88 of the
island's electrical needs through the burning of bagasse, a
sugar crop by-product.
The company generates gross sales of over $60 million
annually, which computes to over $180 million in economic
activity to the state per year.
Hamakua Sugar Company took out loans in excess of $65
million when the plantation was purchased from Theo. H. Davies
in 1984. As of October 1, 1991, the principal and interest on
these loans had reached about $95 million, and combined with
other creditors, and capital gains taxes, the overall
obligation totals over $130 million.
If the company was forced to liquidate its remaining
properties, the plantation would ultimately be terminated. The
probable impacts of such an action would include:
* Loss of approximately 750 plantation employee jobs;
* A loss of approximately 1,700 indirectly related jobs
throughout the community and the State;
* Loss of approximately 450 plantation supported
housing units;
* Loss of yearly plantation revenue to the County of
approximately $60 million;
* Potential cost to the State of as much as $9.9
million in unemployment benefits;
* A major loss of energy produced through bagasse, a
renewable resource;
* Loss of Hamakua's export earnings which helps to
diversify and stimulate Hawaii's economy; and
* The release of vast areas of former sugar lands
without benefit of a long range regional land use
plan that is consistent with the best interests of
the Hamakua community, the County of Hawaii, and the
State.
2
In June, 1990, Governor John Waihee convened a
Hamakua Steering Committee comprised of representatives from
the County of Hawaii, the State Administration, Hamakua Sugar
Company and its major creditors, and the International
Longshoreman Workers Union (ILWU). The purpose of this
steering committee was to provide a long-range planning guide
for the partial sale of Hamakua Sugar Company lands by the
creditors imposed deadline of December, 1991. The Hamakua
Steering Committee's primary objectives were to:
1. Build consensus among the various governmental,
creditor, labor union, and community interests
regarding the planned use of lands to be sold.
2. Maintain the viability of the Hamakua Sugar Company
by helping to retain approximately 25,000 acres of
core plantation lands in the Honokaa area.
3. Retain as much Hamakua Sugar Company lands as
possible in the Agriculture and/or Conservation
District.
4. Retain as much Hamakua Sugar Company lands as
possible in the lower density classification of the
Hawaii County Zoning Code.
For planning purposes, three planning zones were
identified in the regional plan: Zone 1 (Laupahoehoe-Ookala);
Zone 2 (Paauilo-Honokaa), and Zone 3 (Kukuihaele-Waipio). In
general, the regional plan calls for the expansion of
diversified agriculture in Zone 1, the retention of about
3
25,000 acres of core plantation lands in Zone 2, and a new
master planned community development in Zone 3.
When the Hamakua Regional Plan was completed in
November, 1990, several specific exactions were contained
therein:
* Prior to or in conjunction with any sale, assignment,
or title transfer of property identified by Tax Map
Keys 4-8-03:06 and 4-B-09:41, a perpetual
preservation buffer shall be created. The buffer
will include a minimum area of 300 acres along the
rim of the Waipio Valley beginning from the public
lookout to the mauka edge of the subject property and
shall be conveyed to the State in fee and/or by
conservation easement meeting with the approval of
the Department of Land and Natural Resources (DLNR).
Use within this area shall be consistent with DLNR
rules and regulations for Conservation designated
lands. No dwellings may be constructed within this
preservation buffer.
* Hamakua Sugar Company or its assignees agrees to
contribute a pro-rata share of the land owned by it
and required for a new road connecting Highway 19
with Highway 240. The road will be constructed to
County standards based on a pro rata share by Hamakua
or its assignees. Neither the State nor the County
will be asked to expend any funds for the
construction of the road.
* Neither the State nor the County will be asked to
expend any funds for infrastructure for land covered
by the regional plan, and all infrastructure will be
4
paid for by HSC or purchasers of the land covered by
the regional plan. The State and County will agree
to maintain the present infrastructure requirements
for all lands covered by the regional plan in
accordance with existing laws, regulations, standards
or requirements.
* All Hamakua lands directly related to plantation
operations and/or activities presently zoned Ag-40,
will be rezoned (i.e., Ag-20,000a) so that the
overall density will remain unchanged throughout the
regional plan area.
Hamakua Sugar Company and the Western Farm Credit
Bank has developed an overall concept plan for the
approximately 3,827 acres of former sugar cane land in Zone 3.
The Kukuihaele Land Use Plan is consistent with the development
parameters outlined in the Hamakua Regional Plan for this are.
These development guideline are:
Hamakua Makai Lands
* Master planned mixed use development.
* Residential, including visitor accommodations,
village commercial and related uses.
* Golf course and related facilities.
* 500 total units allowable.
5
Hamakua Mauka Lands
* Master planned agricultural/residential use.
* 1,100 total units allowable.
* Retreat resort: 100 total units allowable.
* Golf course(s) and related facilities.
* Mud Lane Connector Road
Waipio Preservation Buffer
* Approximately 300 acres with a 300-foot setback.
* Dedicated in fee and/or conservation easement to
State government.
* Preserve scenic and cultural integrity of Waipio
Valley.
* Passive public use.
* New Hiilawe lookout.
Kukuihaele Village
* Special treatment area.
* Preserve existing rural and design character.
* Possible Waipio Interpretative Center.
6
The range of community impact/benefit will extend
through the State, the County, the Hamakua region, and
Kukuihaele town itself.
First and foremost, government approval of the
Kukuihaele Land Use Plan would permit the sale of the Zone 3
HSC lands to close and significantly reduce the plantation's
debt to it's major creditor. The Zone 3 lands represent
approximately 2/3 or 66~ of the total HSC sales program, and
thus dramatically increase HSC's chances for economic survival.
Central elements of the "with-project" future are:
* Retention of approximately 750 plantation employee
jobs;
* Retention of approximately 450 plantation supported
housing units;
* Continuation of approximately 1,700 indirectly
related jobs throughout the community and the State;
* Diversification of the region's economic base;
* Continued energy production;
* Continuation of Hamakua's export earnings which helps
to diversify and stimulate Hawaii's economy; and
* Assurances that the remaining "core" plantation lands
would be committee to large-scale agricultural
production for the foreseeable future.
7
At both the State and County levels, the project is expected to
generate revenues substantially greater than potential public
costs. Furtehr, witht he continuation of HSC operations, the
statewide sugar industry multiplier applied to HSC's average
annual earnings of approximately $60+ million projects this
component of community economic benefit at approximately $187
million to the Hawaiian economy.
The major source of revenue to the County would be property
taxes on the development site. The net balance of revenues
over costs for the County, for cash flows over the initial 20
years of operations, is estimated to exceed $175 million.
Revenues for the State would primarily come from construction
and visitor spending. A cumulative positive balance of State
revenues over costs after 20 years of operation is estimated at
$85 million to $125 million.
Regional impact mitigation improvements can be quantified in
terms of anticipated exactions directly related to public
service/infrastructure demands as follows:
1. State of Hawaii, Department of Education
New elementary or intermediate school site in Honokaa
12 to 18 acres at $18,000/acre
$2.16 - $3.24 million
2. County of Hawaii, Protective Services Facility
Fire~Police Station in Honokaa
2 to 6 acres at $20,000/acre
$36 to $108 thousand
8
Construction of connector roadway between
State Highway at Kukuihaele to Belt Highway at Waimea
Approximate distance: 7 miles
Right of Way width: 120 feet
$12 - $15 million
4. Affordable/Resort
Employee Housing (Honokaa)
Estimate units: 200+
70 acres at $20,000
$1.4 million
Construction of On-Site/Off-Site Project
Infrastructure Construction of all interior project
roadways; intersection improvements as required;
development of a domestic water system including
source development, transmission and storage
facilities; two (2) wastewater treatment facilities;
stormwater collection systems; electrical and
telephone switching and substations with transmission
facilities (lines, poles, etc.); and possible solid
waste transfer station site.
Approximate Value: $80 million
Regional public benefits directly related to recreation, open
space, agricultural and historical/cultural preservation
include:
1. Waipio Valley rim preservation buffer Conservation
easement to DLNR; Optional wilderness trail system,
rest stops, and re-forestation program
Approximate Land Area: 362 acres
Approximate Value: $24,000/acre
(land improvements) $8.7 million
New Waipio Valley Lookout Proposed visitors center,
access road, parking area, picnic pavilions,
restroom facilities, landscaping
Approximate Value: (improvements) $250,000
3. Public shoreline access parking and related
improvements
Approximate Distance: 1.5 miles at 10' width (2
acres)
Approximate Value: $48,000 (land); $200,000
(improvements)
4. Core plantation downzoning approximately 12,000 acres
of remaining core plantation land to be downzoned
into one agricultural unit (Agricultural - 20,000A)
Approximate Land Area: 12,000 acres
Approximate Value: $2,000/acre
$24 million
5. Public Golf Play
Public golf rates on designated course, access to
facilities, participation in community golf related
programs
Approximate No. of Starting Times/Rounds:
30 rounds daily at $25.00/round
Approximate Value: $711,750/annually
In addition to the above stated regional public benefits
derived through the implementation of the Kukuihaele land use
plan, residents of the Kukuihaele community will be provided
with the following additional community benefits. This package
of specific benefits are intended to preserve Kukuihaele's
identity as a residential plantation community.
1. County of Hawaii, Department of Parks and Recreation
Expansion of Kukuihaele Park
Approximate Land Area: 6.1 acres
Approximate Value: $24,000/acre
$146,400
2. Kukuihaele Last Chance Store/Camp 104/105
The land underlying the existing Last Chance Store
and 11 residential occupants will be conveyed in fee
at no cost; 1 resident in Camp 104 (mauka of road)
will be conveyed a new lot makai of roadway.
Approximate Land Area: 6 acres
Approximate Value: $24,000/acre
$144,000
10
3. Kukuihaele Tiger Camp/KOna Camp
37 Garden plots adjoining existing residential plots
to be conveyed in fee
Approximate Land Area: 4 acres
Approximate Value: $24,000/acre
596,000
4. Kukuihaele Cemetery expansion (Japanese/Catholic
Church/County). Set aside the existing Japanese
cemetery and access road; provide expansion for
County and Catholic Church cemeteries
Approximate Land Area: 3 acres
Approximate Value: $24,000/acre
$72,000
5. Separate access to makai Kukuihaele project. To
minimize potential traffic impacts and conflicts, a
new primary access intersection to the makai project
is proposed between Kona Capt and the existing access
to Kukuihaele.
Approximate Land Area:
Approximate Value: $24,000/acre
(improvement/intersection) $1 million
6. Kukuihaele Real Property Tax Trust Fund.
A proposed real property tax trust fund is being
considered for Kukuihaele residents to provide
additional tax relief beyond what is available in the
existing real property tax system.
7. Interpretive/cultural center, plantation museum,
community center
Note: $24,000/acre value is the average price per acre of the
Royal Coast/waipio sales agreement.
Significant public/community benefits will flow from the
implementation of the Kukuihaele land use plan. As itemized
above, these "with project" benefits will have County-wide,
regional, and community specific implications, and represent a
quantitative value of approximately $135 million.
11
The "without project" scenario would have significant
socioeconomic ramifications, primarily because of the certain
demise of Hamakua Sugar Company operations and the economic and
social "snowballing" effect it would generate. These revenue
lost, unemployment benefits paid, and energy production lost to
the County. The quantitative economic effect of this scenario
is conservatively estimated at almost $200 million annually.
The overall socioeconomic benefit of preserving company
operations combined with the aforementioned additional public
benefits attributable to the "with project" scenario
effectively result in a total public and community benefit
figure of at least $335 million.
12
APPENDIX 2
PROPOSED TERM SHEET
Real Property Tax Trust Fund
November 25, 1991
This agreement, entered into this day
of , 1991, by and among Hamakua
Sugar Company, Inc. ("Hamakua"), Western Farm Credit Bank
("WFCB"), and Royal Coast Waipio Corporation ("Royal Coast")
agree to set up a Real Property Tax Trust Fund ("Fund") with
the provisions set forth below:
1. The base year for real property taxes for every
tax key covered by this Agreement and dedicated for non-
speculative residential use in accordance with Section 5 shall
be 1990-1991.
2. If the real property taxes for any tax key
covered by this Agreement for any year exceed the tax for the
base year, then the Fund will pay such excess for each tax key
which is beneficiary of the Fund. Current and accrued interest
shall be used first; thereafter principal shall be used.
3. All tax keys in the Kukuihaele Special Treatment
Area which are exclusively used or zoned for single family
residential purposes upon the effective date of Bill No. 515 or
516 will be beneficiaries of this Fund. For purposes of Fund
administration, the boundaries of the "Kukuihaele Special
Treatment Area" shall be defined by the Hamakua Regional Plan,
Kukuihaele - Waipio Zone 3 Map (November 21, 1990) and
inclusive of all tax keys abutting the project areas between
Camp 106 (Kona Camp) to the Waipio Lookout and identified by
all tax keys listed in attached Exhibit "1".
4. The tax key will cease to be a beneficiary of
the Fund if the owners of record upon the effective date of
Bill No. 515 or 516 sell their land or if they both die.
Proposed Term Sheet
Real Property Tax Trust Fund
November 25, 1991
Page 2
Camp 106 (Kona Camp) to the Waipio Lookout and identified by
all tax keys listed in attached Exhibit "1".
4. The tax key will cease to be a beneficiary of
the Fund if the owners of record upon the effective date of
Bill No. 515 or 516 sell their land or if they both die.
However, the owners may give their land to members of their
family either by gift or by will and their family members will
continue to be beneficiaries of the Fund unless they sell their
land or die. The tax key shall also cease to be a beneficiary
of the Fund if the zoning is changed to zoning other than
agricultural or residential.
5. Each beneficiary shall file a Notice of Non-
Speculative Residential Use in accordance with Article 7,
Chapter 19, Section 19-58.1 (Certain Lands Dedicated to Non-
Speculative Residential Use) of the Hawaii County Code or
amendments thereto, and shall keep such dedication in full
force and effect. Failure to do so shall render such
beneficiary ineligible for the benefits of this Fund.
6. The Fund will be funded by allocating to the
Fund a percentage of each initial retail sale of a single
family lot or a condominium unit in the Waipio project. This
percentage shall be 0.5$ of the gross sales price.
7. Within thirty (30) days of closing, Royal Coast
shall provide an initial sum of $100,000 to the Fund. The
principal of the Fund will be invested and interest will be
added to the principal. The Fund principal shall be deposited
Proposed Term Sheet
Real Property Tax Trust Fund
November 25, 1991
Page 3
in an interest bearing account meeting with the approval of
Royal Coast and the County Department of Finance. The County
Department of Finance shall be authorized to draw upon this
account for the purposes of implementing Section 2 above.
IN WITNESS WHEREOF, the parties hereto have set their
hands on the day and year first above written.
HAMAKUA SUGAR COMPANY, INC.
By
Its
By
Its
WESTERN FARM CREDIT BANK
By
Its
By
Its
ROYAL COAST WAIPIO CORPORATION
By
Its
By
Its
APPENDIX 2
EXHIBIT 1
Kukuihaele Land Owners
Tax Key Land Owner Acquired
4-8-01:04 HSCo. owns - leases por.
to Florencio Visaya
Box 5028 Kukuihaele
:06 U. S. Dept. of Commerce 1944
(Lighthouse)
4-8-04:05 Chiaki Matsua 1990
35 Holomua St.
Hilo 96720
:06 Elwyn 8 Rose Rice 1973
Box 5004
Kukuihaele 96727
:13 Roger Lasko 1985
Box 5039
Kukuihaele 96727
:14 George 8 Matilda Farm 1985
Box 1189
Honokaa 96727
+ Prior to purchasing, they
leased the property from 1948
:IS Robert 8 Charlene Major new/not
Box 16 listed
Laupahoehoe 96764
:16 Clayton 8 Susan Schultz 1990
26236 Ingleside Way
Malibu, CA 90265
:18 Kelly 8 Norma Loo 1972
Box 5092
Kukuihaele 96727
:19 Abraham 8 Poi-Eng Kanekoa 1979
1652 Hoohalia St.
Pearl City 96782
4-8-04:20 Lance Okayama b Ramona Wong not listed
Bax 6402
Honolulu 96818
:21 Charles 3 Rachel Thomas 1972
Jolene Reucia
Box 5057
Kukuihaele 96727
:23 Delbert 6 Torao Saito 1980
Box 1304
Honokaa 96727
:24 Edwin & Jolene Reucia 1986
Box 5057
Kukuihaele 96727
:25 - :35 Chicki Matsuo 1990
35 Holomua St.
Hilo 96720
4-8-06:11 Catholic Church
:12 Catholic Church
:15 George Klika 3 Susan Price new/not
10581 Cheviot Dr. listed
Los Angelos, CA 90064
:16 West Hamakua Church 1954
15 Craigside P1.
Honolulu 96817
:17 Catholic Church
:SA Chiyoko ~ Kenneth Takamoto 1958
Box 5084
Kukuihaele 96727
:19 Catholic Church
:20 Yoshiko b Takemori Ishiki 1956
Box 5038
Kukuihaele 96727
4-8-06:21 Alan 3 Maria Cater new/not
Box 5090 not listed
Honokaa 96727
:22 Russell d Charlene Rodriquez not listed
Box 985
Honokaa 96727
~ Looks like they bought or
inherited from a relative.
:23 Juan/Elizabeth/Presley Millare 1963
Box 5009
Kukuihaele 96727
:24 Albert/Ernest/Fredrick Tanaka 1986
Box 5028
Kukuihaele 96727
~ Looks like they bought or
inherited from a relative
:25 Roy d Yukiko Hiraoka 1956
Box 5114
Kukuihaele 96727
:26 Ernest 6 Charles Iwasaki 1981
Box 5008
Kukuihaele 96727
:27 John d Richard Seifert 1980
Box 2578
Kamuela 96743
:28 Joseph 3 Harriet Batalona 1957
Box 5055
Kukuihaele 96727
s29 Phyllis Plunkett 1968
54282 Hauula Homestead Rd.
Hauula 96717
:30 Ruby Robledo 1956
Box 5021
Kukuihaele 96727
4-8-06:31 Noriyasu Matsummura 1963
Box 1577
Honokaa 96727
:32 Herbert Kadaoka K. Trustee 1980
2374 Rhakapu St.
Pearl City 96782
:33 Donato b Dorotea Rndres 1961
Box 5119
Kukuihaele 96727
:34 Juan b Sophie Revilla 1957
Box 5068
Kukuihaele 96727
:35 Toledo Family Trust 1959
Mary Jane Kamakawiwoole
Fredrick Toledo
Box 5096
Kukuihaele 96727
:36 Michie b Gary Takamoto 1958
Box 5106
Kukuihaele 96727
:38 Florencio b Mikiyo glgre 1958
Box 5103
Kukuihaele 96727
:41 Catholic Church
:42 Paul b Eleanor Christensen 1969
Box 5100
Kukuihaele 96727
:46 Stanley b Elaine Yamamoto 1978
Box 974
Honokaa 96727
:47 Myron b Julie Kidani 1978
Box 5031
Kukuihaele 96727
:48 Milton b Jo Ann Lau Kong 1978
Box 655
Honokaa 96727
4-8-06:49 Ainslie d Anita Loo 1978
Box 754
Honokaa 96727
:50 Ronald d Cynthia Kanekoa 1978
Box 5122
Kukuihaele 96727
4-8-07:01 Antone Gabriel Estate 1970
Emma Hitchcock
528 Kaulani Way
Kailua 96734
:02 Thomas Lalakea 1963
247 Dowsett Ave.
Honolulu 96817
:04 Paahao Ako S Verna Mae Branco 1971
1650 Ainaola Dr.
Hilo 96720
:05 Antone Gabriel Estate 1970
William Mills
183-B Paddon P1.
Marina CA 93933
:06 Sam, Ida 3 Annie Kane 1950
Lillian Kai
Box 5056
Kukuihaele 96727
s07 Seiko Kaneshira 1975
Box 5110
Kukuihaele 96727
:08 Mae Gabriel, William Mills 1970
Emma Hitchcock
89-435 Pohakunui Ave.
Waianae 96792
:09 Roy d Gladys Toko 1957
Box 5126
Kukuihaele 96727
4-8-07:10 Thomas Lalakea 1963
247 Dowsett Ave.
Honolullu 96817
Mae Gabriel, William Mills 1970
Emma Hitchcock
89-435 Pohakunui Ave.
Waianae 96792
:11 Dale b Christine Streisand 1961 ?
Box 639
Honokaa 96727
:12 Sarah Petersen 1985
Hox 5023
Kukuihaele 96727
:13 Michael McLean d new/not
Norma Dimeo-McLean listed
13001 Glenwood St.
Studio City, CA 91604
:14 William Rogers b Diane Foley new/not
677 Portofino Lane listed
Foster City, CA 94404
:16 James d Kristan Hunt 1980
Box 5104
Kukuihaele 96727
:17 Mae Gabriel, Williao Mae 1970
Emma Hitchcock
89-435 Pohakunui Rve.
Waianae 96792
:18 Sam, Ida, Annie Kane 1945
Lillian Kai, HSCo.
Box 5056
Kukuihaele 96727
:21 Sam, Ida, Annie Kane 1950
Lillian Kai, HSCo.
Box 5056
Kukuihaele 96727
4-8-07:22 Sam, Ida, Annie Kane 1945
Lillian Kai, HSCo.
Box 5056
Kukuihaele 96727
:23 Alan Kaaua, HSCo. 1944
Corrine Rabinsteiner
Genevieve Bruss
Box 371
Pahala 96777
:24 Sam, Ida, Annie Kane 1945
Lillian Kai, HSCo.
Box 5056
Kukuihaele 96727
:25 Mae Gabriel, William Mills 1970
Emma Hitchcock
89-435 Pohakunui Ave.
Waianae 96792
:26 Alan Kaaua 1977
Box 371
Pahala 96777
:28 Mae Gabriel, William Mills 1970
Emma Hitchcock
89-435 Pohakunui Ave.
Waianae 96792
:29 Naaman Toko 1986
Box 5064
Kukuihaele 96727
:31 Richard 6 Elise Mastronardo 1986
Box 2784 Kamuela 96743
Alan Shattuck
Box 1635
Kamuela 96743
4-8-08:05 Thomas ~ Carolyn Lalakea 1974
247 Dowsett Ave.
Honolulu 96817
:06 Alston 3 Shirley Toko new/not
Box 5069 listed
Kukuihaele 96727
4-8-08:07 Jeffrey Hoff
new/not
73 4228 Loloa Way listed
Kailua-Kona 96740
:08 Thomas d Carolyn Lalakea 1974
247 Dowsett Ave.
Honolulu 96817
:09 Mae Gabriel 1970
89-435 Pohakunui Ave.
Waianae 96792
:10 Samuel d Hazel Mock Chew 1969
Box 5129
Kukuihaele 96727
:12 Sam, Ida, Annie Kane 1950
Lillian Kai
Box 5056
Kukuihaele 96727
:14 William Kanekoa 1962
Box 5089
Kukuihaele 96727
:15 Benjamin 3 Dorothy Badua 1974
Box 5109
Kukuihaele 96727
:16 Wahinemaikai Kane 1945
Robert Toko
C/0 Pamela Mathieu
Box 1216
Honokaa 96727
:17 Emma Hitchcock 1970
528 Kaulani Way
Kailua 96734
:18 Kenso Takamoto 1952
Box 5123
Kukuihaele 96727
:20 Rudolph d Brenda gngelo 1984
Box 679
Honokaa 96727
4-8-00:21 Thomas b Carolyn Lalakea 1974
247 Dowsett Ave.
Honolulu 96817
:22 Benjamin b Dorothy Badua 1974
Box 5109
Kukuihaele 96727
:24 Theodore b Nellie Angelo 1963
Box 5005
Kukuihaele 96727
:25 William Kanekoa 1962
Box 5089
Kukuihaele 96727
:27 Delbert b Tarao Saito 1984
Box 1304
Honokaa 96727
:28 Rudolph b Brenda Angelo 1984
Box 679
Honokaa 96727
:30 Sam, Ida, Rnnie Kane 1982
Lillian Kai
Box 5056
Kukuihaele 96727
:31 Augusto b Cecilia Gancinia 1986
Box 1007
Honokaa 96727
:32 Dannie b Delores Coates 1985
Box 5099
Honokaa 96727
4-B-09:01 Emilo b Bebe Ponce 1986
Box 425
Honokaa 96727
s02 Bonifacio b Eufemia Collado 1975
Box 5047
Honokaa 96727
4-8-9:03 Rnacleto, Shirlann, Peterson b
Bernadine Nuniez
Box 1303
Honokaa 96727
:04 Peter Sau d Beverly Young, Sr.
Box 755
Honokaa 96727
:05 Rumualdo b Fannie Duldulao
Box 348
Honokaa 96727
:06 Kenneth b Dawn Rillanos
Box 548
Honokaa 96727
:07 Hideai b Doris Miyasaki
Box 5037
Honokaa 96727 (pensioner)
:08 Clito d Nena Guzman
Box 5121
Kukuihaele 96727
:09 Dennis b Darlene Lanigan
Box 5132
Kukuihaele 96727
:10 Toshiko Sasaki
Box 5112
Kukuihaele 96727
:11 Clarence b Joanne Naka®ura
Box 5079
Kukuihaele 96727
:12 Moses b Mary Kunishige
Box 780
Honokaa 96727
1982
1973
1960
1987
new/not
listed
1977
1973
1963
1980
1985
4-8-09:13 Noriyasu Matsumura Trust 1982
Box 1577
Honokaa 96727
:14 Lawrence d Katerine Fujioka 1960
Box 5107
Kukuihaele 96727
:15 Yuban d Momoyo Maehira 1960
Box 5074
Kukuihaele 96727
:16 Benjamin d Esther Visaya 1960
85-175 Farrington Hwy A-218
Waianae 96792
:17 Paulino d Ida Malacas 1960
Box 5051
Kukuihaele 96727
:18 Estanislao d Mamerta Tejero 1971
Box 5075
Kukuihaele 96727
:19 Pelajio d Helaine Cadiz 1962
Box 5006
Kukuihaele 96727
:20 Alfredo d Alice Millare 1960
Box 5072
Kukuihaele 96727
:21 Herbert d Maoe Fujii 1960
Box 5059
Kukuihaele 96727
:22 Morio d Hideko Takae 1984
Box 5087
Kukuihaele 96727
APPENDIX 3
~Hamakua Sugar Company, Inc. Ta,eo~~; ~,a;;~;s;; we~, ~76
~ Tel Fex: (BOB) 77&1250
October 14, 1991
Mr. Russell S. Kokubun, Councilman
Mr. Takashi Domingo, Councilman
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
Gentlemen:
Thank you for your letter dated August 27, 1991 concerning
our mutual efforts to finalize various understandings which will
facilitate expeditious approval of our requested land use changes.
These approvals are essential to the successful consummation of
our land sales program, which in turn, are essential to our effort
to eliminate our debt to the Western Farm Credit Bank (WFCB), thereby
securing the long term future of our sugar operation.
We note that you acknowledge the three numbered assurances that
appear on page 1 and the top of page 2of your letter. We confirm
that the first two of these assurances are included in the most
recent Forebearance Agreement between Hamakua Sugar Company, Inc.
(HSC) and its lenders and that the WFCB has committed to the third
assurance in letters to HCS. We have accepted and acknowledged
these conditions and will implement the actions which are required.
In addition to the above, your letter requested certain
additional assurances to address the following needs: (1) to protect
the entire spectrum of employee housing needs if HSC closes down,
goes into bankruptcy, or is foreclosed upon; (2) to expand employee
housing opportunities; and (3) to relieve the potential increase of
real property tax for the long-time residents of Kukuihaele. These
additional assurances have been reviewed and discussed with WFCB and
we have now received a letter from them setting forth the extent they
are willing to go in providing for them. We quote from the WFCB
letter as follows:
"1. If HSC closes down operation, or goes into bankruptcy,
WFCB will agree to assist in providing supervisory employees
of HSC with a right of first refusal to purchase their
plantation residences at the then fair market value, provided
they are residing in their residence at that time. In the
unlikely event HSC is foreclosed upon, WFCB will offer the
supervisory employees of HSC the same right of refusal.
"2. WFCB and HSC are currently in negotiations with various
parties to assure that affordable housing is available to
such employees. In fact, the proposed sales contract for
the sale of the Paauilo Subdivision requires the buyer to
set aside 100 lots of subsidized prices. In addition, WFCB
and HSC are currently exploring the possibility of providing
Russell S. Kokubun, Councilman
Takashi Domingo, Councilman
October 14, 1991
Page 2
additional lots at Honokaa at affordable prices.
If WFCB and HSC can agree upon the best means to satisfy
employee housing needs, WFCB will agree to execute and
place into escrow a deed and partial release of certain
agreed upon housing sites. The escrow instructions would
generally provide that, upon receipt of final subdivision
approval for such sites, the deeds and partial releases
would be delivered to either a nonprofit corporation, in the
event Hamakua closes down operations, goes into bankruptcy,
or is foreclosed upon, or to HSC if all the debt owing to WFCB
was paid off. This is similar to assurances previously given
regarding plantation employee and pensioner housing sites.
"3. As you are aware, WFCB and HSC have developed a plan to
ensure that long-time residents and HSC pensioners of
Kukuihaele will be protected against speculative real
property tax increases for a reasonable period of time.
WFCB will agree to assist HSC in implementing this plan
when it is finalized."
HSC is in full agreement with item 1 above and will cooperate
with WFCB to implement this commitment in the event that it closes
down operations or becomes bankrupt.
With regard to the second paragraph of item 2, we support the
underlying objective of providing an opportunity for any of these
employees, who are laid off because HSC closes its operations to
purchase a house lot, either directly or through a non-profit
corporation, at affordable prices provided they demonstrate their
intention to build a home on the lot and use it as their primary
residence. We are prepared to work out a procedure to accomplish
this purpose which will be fair and reasonable to all concerned.
With regard to the third paragraph, we are supportive of this
effort and will cooperate with WFCB and the purchaser of the
property provided that it does not result in financial or economic
contributions by HSC in addition to those already committed to.
We are most appreciative of your intent to process our
applications in a timely and appropriate manner. Your support has
been extremely helpful in accomplishing the significant progress
that has been made to date. In return the owners and management of
HSC are committed to the continuation of the Company's sugar operation
for the long term in order to preserve the jobs, lifestyle and
economic base for its employees and the entire Hamakua area. We are
convinced that, with the total retirement of the Company's debt to
Russell S. Kokubun, Councilman
Takashi llomingo, Councilman
October 14, 1991
Page 3
WFCB and the resulting elimination of the related interest payments,
and with a six week offseason for factory repair, which is presently
scheduled for next March and the first half of April, the sugar
operation can sustain itself.
This includes annual capital expeiidituresfor replacement of
worn out and obsolete equipment of about $4,000,000 which will be
covered by depreciation plus future off seasons re4uiring approximately
$6,000,000 annually. Remaining profits will be reinvested in the
business and are forecasted to be adequate to finance two projects
both of which will provide exceptional returns on investment and will
increase profits significantly.
The first of these is expected to be implemented as soon as
our debt to the WFCB is paid off and involves the installation of
two types of equipment in the boiling house of our factory to
increase the recovery of sugar from molasses. This project was
originally a part of our factory expansion plan when we consolidated
the Haina and Ookala factories, but it was delayed due to the shortage
of funds.
The second project has two phases, the :first of which will
probably start being implemented in 1993. The result of these
projects will be to significantly improve the efficiency of our
power generating facilities which will enable a substantial increase
in the exportable amount of electric power for sale to the Hawaii
Electric Light Company (HELLO) grid by capturing more of the btu value
of the bagasse fuel which is presently available. This project is
readily financible but would require an extension of our electric
power sales agreement with HELLO and possibly some amendments to it.
For the longer term future, but within the next three to five
years, there is a very high probability that new technologies which
are now being finalized and refined will make it possible to produce
high value products from our present low value by-products of bagasse
and molasses. This has the potential to diversify and broaden our
income base to be less dependent on the sales of sugar for human
consumption as a sweetener.
Indications are that the value of
equal or exceed that of sugar while the
them would be minimal since the cost of
transporting and initial processing of
These developments could revolutionize
it a very profitable activity. HSC is
itself during this difficult period so
these new products could
incremental cost of producing
growing, harvesting,
cane is already covered.
the sugar industry and make
fully commited to maintaining
that it, its employees and
Russell S. Kokubun, Councilman
Takashi Doming, Councilman
October 14, 1991
Page 4
the population of the surrounding community can reap the benefits
that the future holds while maintaining the agricultural land
use and lifestyle for the vast majority of this area.
We deeply appreciate your past support and look forward to
continuing mutual cooperation for the successful conclusion of this
effort which will solidify the long term future for this area in
a manner which coincides with the desires of ttie vast majority of
its population.
Sincerely,
HAMAKUA SUGAR COMPANY, INC.
Francis S. Morgan, Pi sident
and Chief Executive Officer
FSM:ffh
cc: Tim Hay
Olen Zirkie
James Case
David Morgan
Duane Kanuha
Hamakua Sugar Company, Inc.
Francis S. Morgan
President b Chie/ Executive O}rker
July 17, 1991
The Honorable Lorraine R. Inouye
Mayor, County of Hawaii
25 Aupuni St.; Room 3213
Hilo, Hawaii 96720
Dear Mayor Inouye:
P.O. Box 250
Paauilo, Hawaii 96776
Telephone: 18061 776 151 1
F ez: 180817767250
Enclosed, herewith, is a copy of a letter dated
July 17, 1991, addressed to me from Western Farm Credit
Bank. It is my understanding that this letter together
with the letter addressed to you from Western Farm
Credit Bank dated July 17, 1991, (copy of which is attached
for your information) conform with the understanding of all
parties. I have, therefore, signed the letter to me,
accepting it on behalf of Hamakua Sugar Company, Inc.
We trust that both letters from Western Farm Credit
Bank satisfy the requirements of the County Administration
and that you will now undertake to implement the conditions
stated in paragraphs "A, B and C" on page two of the letter
addressed to me.
We would appreciate your acknowledging receipt of this
letter and also advising us that the above meets your
satisfaction.
Very truly yours,
HAMAKUA SUGAR COMPANY, INC.
~- rC~~^1 .J, ~hlO~~
Francis S. Morgan, P sident
and Chief Executive Officer
FSM:ffh
ends.
cc: B.T.Mizuno
J.H.Case
T.B.Hay
R.Kokubon
T,Domingo
D.Takamine
Western Farm Credit Bank
July 17, 1991
FYancie S. Morgan
President & Chief Executive Officer
Hamakua Sugar Co., Inc.
P,O. Box 250
Paaullo, Hawaii 96766
Re: General Plan Amendments
Dear Mr. Morgan;
1 tter~addressed tofyouoand ha e~dlscussed itscon
James H. Case and our $oard of Directors.
The Mayor's letter requested that WFCB provide cer
order to proceed with the General Plan Amendment
has responded to those re uests as disclosed in the
discussed in the attached letter, WFCfl glues the fol
1. WFCB wUl agree to extend the existing Decem
date of the forbearance aF„7eemente to June 3i
open escrows to close. ~>;rther, WFCB wf11a~
lands to be so d t~f the preesentbuymers ~sillt9o9~
consideration for such further forbearance,
additional rime must be aubrriltted on or befo
2, wFCB wlll agree to immediately execute and
deed and partial release of all pplaE
kduBind once and Uac u..J~.lyL.~ ~
homes). 'Il3e escrow instructions
of final subdivision approval by th
and Partial release would be delivi
or comparable entittyy in the event
dosed down operatfona, went into
upon; or, (2) to Hamakua if all dek
In essence, we are not oppposed to
employee and pensioner houstng,
ep c sites and the underlyyi1ng 1
and agreed upon between WFC
appllcarions for the aubdivistane,
in this regard,
owing
363E Aner;,yc a'vu ;rive 3c.96e
P.0. Bac 1310E
Secnmectt. CelAOmie 6o9'3J:Oi
618;/B&BC00
July 1, 1991
with you and
assurances !n
lwith. WFCB
ched letter. As
3g assurances:
er 91, 1991, due
1992, to permit
:e to consider
o permit subject
form. In
request for
Apri130, 1992.
'.ace into escmw'a
yes and pensions
rc of aupenntenQe
e that upon rec F
these sites the e
lonpro9t corpo ti
gar Co. rr'Ham
or was foredoa d
E`CB was paid o~,
1 havin~t to do wit
and would ed to be worked out
and H a prior to the
We would t be unreasonable
The Ferm Creed Sgtem
rrai~cia ~, Morgan
pule 27, 1991
3, In the event the revenue fro-n the sale of
of retiring the loans to the Farm Credit S
lands would not be liquidated indiacrimL
These assurances are given with the folio
A. The County Administration will work d
best efforts to provide the entitlements
Hamakua Regional Plan.
B• The County Admintstration will immed
action to amend the General Plan to co
Hamakua Regional plan,
C. The County staff will urork diligently to
imposed by aU the existing sales contra
Lands".
:ese land falls short
the core plantation
conditions:
and use ~ta
the
initiate an
to the
the deadllnbe
r the "For Salt
We trust the foregoing is satisfactory to Ilamakua d the Mayor, and we
look forward to moving quickly on this matter. It is our understanding
that the Mayor's Office is agreeable to the foregoing d will be issuing a
letter confirming their position once Hamakua agre a to the contents of
this letter.
If Hamakua is agreeable to the plan actions and
this letter, please execute and date the attached
return !t to me as soon as ooasible_
Sincerely,
Vice
TMB:pkh
hereby a~ee to the{ac~ons to be taken by~the Cou
forth above, to the assurances set forth above, and
requirements of same.
July 17, 1991
Aate
ices set forth in
this letter, and
i
'ividual cappaci~, I
and WFCB as et
implement the
Co., Inc.
Offi~er
I
~,
July 17, 1$91,ba~
Page 3
cc: Honorable Lorraine R b~o~lye, Mayor
Barry T. Mizuno, Mgana~ Director
Counecilman Russell Kokubun
Councilman Tadashi Domingo
Representative Dwlltht Takamine
Harold Maeumoto, Director of Planning
Yukio Kltrgawa, Director, Department of
Russell Botelho
Members of Creditors Committee
Gilbert D. Butson. Esq.
3tS3
P C.
Western Ferm Credit Benk se:r,
D~6'd
July 17, 1991
Infa.l flivf' ~riya ESBB4
'31[9
lo.'e6loma 3SBI?~Ct99
The Honorable Lorratne R Inouye
Mayor, County of Hawaii
25 Auppuni Street, Room 3213
HUo, Hawai! 96720
Re: Harnalrua Sugar Company, Inc,
Dear Mayor Inouye:
We are !n recceipt of a copy of your July 1. 1991 Ietter addres ed to
our~BoardoofDtre torsav77its letter~eplacestand uper des ugr lettexdof
July 3, 1991 and July 15, 1991.
In your letter you have requested that Wf'CB provide certain ~'ssurances
so that you may proceed with the General PIan Amendment rthwith.
With this la m1nd, WFCB gives the following assurances:
1. WFCB will agree to extend Use existing December 31, 1 91, due
date of the forbearance agreements to June 30, 1992, ppermit
open escrows to close. Further, ~tVF'CB will a ee to co Sider
additional forbearance beyond June 30, 199, to pe t subject
lands to be sold if the present buyers fail to tpherform. I
addit ona dtimcomus be submitted on or before April 3 f 1992.
2. WFCB willpagree to immediately execute and place into escrow a
houafng eiteas i~a ~ihe unde~rly nlg ]amend (excjusfve of sud antendent
homes). The escrow inatrucUona would provide that u ¢n receipt
of final subdivision approval by the Counttyy for these si es the deed
and Partial release would be delivered to (lj a nonprofl orporation
or comparable entity in the event Iiamakua Sugar Co. '~iamakua")
closed down operations, went into banlcn.~ptcy, or was 9reelosed
upon; or, (2) to Hamakua if all debt owing to WFCB w .aid off,
In essence, we are not op osed to your proposal havfn do with
employyee and ensioner ousin . Obviously details re (fnn~~
specific sites and the underly~n ggland would need to be rked out
and agreed upon between yCB and Hamakua prior t e
applieatlona for the aubdivisfona. We would not be un Iasonable
in this regard.
3. In the event the revenue from the sale of the excess Ian ~ falls short
of retiring the loans to the Farm Credit System, the cor plantation
lands would not be liquidated indiscriminately, ~
Th° fum Creo~t System
ins honorable Lorraine R. Inouye
July 17, 1991
Page 2
These assurances are given with the following enders ~ ding;
A. The County Administration tviU work diligentlyy ~ d use Its
best efi'orts to provide the entitlements listed in e
Hamakua Regional Plan.
B. The County Administration will immediately ini rte an
action to amend the General Plan to conform to e
Hamakua Regional Plan. ~
C. The County staff will work diligently to meet the eadlinea
imposed by aA the exiEi:ing stiles contracts for th ; "For Sale
Lands".
Unfortunatel~yy, our Board of 171rect:ora is not in a position to ggrree to any
release of collateral unless the fair rnarket value of the procs ds is
applied to the eadstin loans. Further, our regulator, The F Credit
Administration, would view your proposal, to release coilater as
entitlements are received, as an unsafe and unsound lendin bract]ce
which violates federal law imposed on 1VF'CB. However, 8 is hopeful
that the assurances it has given meet your requirements in t of the
following;
First, the "For Sale Lands" would be liquidated before any de 'lion will be
made on the core plantation and if the sale of excess lands f s to repay
our loans in full we would first encourage Hemakua to refln a with
another lender, to sell an equity position 1n the plantation, o to sell the
plantation as an operating un1E.
Second, the forbearance agreements provide for the release o our claim
on the remaining plantation assets after all debt has been re aid.
Further, it provides for orderly liquidation of assets, and not 'forced
sale.
Third, the Aa 20,000-acre Zoning (Plan 1~caction) limits the a e of the
core pTanta on property for anything other than large-scale a cultur
use for at least a flue-year period.
Fourth, the borrower's rights provisions of the Fann Credit A t give
Hamakua Sugar Company the right of first refusal for any eo
pplantation land sales resulting from a foreclosure action. Thi gives
Hamalnaa protection of their equity tnterest in the property 4 is not
available from any other lender.
It is WFCB's o inlon that the Plan offers the beat means, at ~ point, to
preserve the plantation and retire Hamakua's debts.
We treat the foregoing is satisfactory to your needs, and we to forward
to moving quickly on this matter. You may be interested to w that as
of this date, Hamakua's land sale efforts have resulted in 650 'acres 1n
escrow for $105.4 milIfon, 248 acres pending escrow for $9.1 iUion.
The Honorable
July 17, 1991
Page 3
1-oc'raine R. Inouye
and 2800 acres being negotiated fur sale in the approximate
$16.0 million. Accordingly, we believe the actions taken on
suilicient to meet the intent of the Plan.
Sincerely,
TMB:pkh /
cc: Barry T. Mizuno, Managing Director
Norman Ha shi, planning Director
Michael J. Matsukawa, Corporation Counsel
Brian Nishimura, Housingg Administrator
Francis S. Morgan, Hamakua Sugar Company
James H. Case, Esq.
Councilman Russell Kokubun
Councilman Tadashi Domingo
Representative Dwight Taka~nine
Harold Maeumoto, Director of Planning
Yukio Kitigawa, Director, Department of Agriculture
Russell Botelho
Members of Creditors Committee
Gilbert D. Butson, Esq.
punt of
part are