HomeMy WebLinkAboutRES 036 Draft 01 1992-1994.~~~~
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COUNTY OF HAWA~ ~ ~ ryS'~'ATE OF HAWAII
RESOLUTION No. ~38 93
RESOLUTION AUTHORIZING THE COUNTY OF HAWAII TO ACCEPT A DONATION
OF REAL ESTATE FROM THE WAIMEA HOUSING FOUNDATION, INC., FOR THE
DEVELOPMENT OF THE WAIMEA ELDERLY HOUSING PROJECT
WHEREAS, pursuant to Article XIII, Section 13-12, County
Charter, County of Hawaii, the Hawaii County Council on behalf of
the county, may accept gifts of donations of money, securities or
other personal property or of real estate or any interest of real
estate; and
WHEREAS, the Big Island Housing Foundation (BIHF), the
sponsor, the Waimea Housing Foundation, Inc., (WHF), the owner
corporation, and the Office of Housing and Community Development
(OHCD) have proposed a 40-unit elderly housing apartment complex
to be constructed along Kamamalu Street, Waimea, South Kohala,
Hawaii; and
WHEREAS, on June 26, 1991, the HCHA approved the planning
and construction of the proposed Waimea Elderly Housing Project
(hereinafter "Project"); and
WHEREAS, on July 3, 1991, the County Council approved the
use of $252,000 Community Development Block Grant funds for the
planning and construction of the Project; and
WHEREAS, on March 13, 1992, the BIHF received notification
from the Department of Housing and Urban Development (HUD) that
their application was approved for $4,093,000 for the planning
and construction of the Project; and
WHEREAS, the Trustees of the Richard Smart Revocable
Personal Trust have agreed to provide the project site
(TMK: 6-7-02: Por. 17) to the BIHF for the purpose of developing
the Project; and
WHEREAS, the BIHF entered into an Option Agreement with the
Trustees of the Richard Smart Revocable Personal Trust, on
June 6, 1990, to acquire the project site; and
WHEREAS, the Option Agreement, amended on May 13, 1991, on
September 12, 1991, and amended by a third amendment on
October 13, 1992, extended the Option Agreement to December 31,
1994; and
WHEREAS, as required by HUD, the rights and obligations
under the Option Agreement was assigned by the BIHF to the WHF on
November 30, 1992; and
WHEREAS, the WHF accepted the rights and obligations under
the Option Agreement from the BIHF on November 30, 1992; and
WHEREAS, upon receipt of final subdivision approval, it is
the intent of the WHF to exercise the Option Agreement and to
donate the project site to the County of Hawaii; and
WHEREAS, it is the intent of the County of Hawaii to accept
the donation of the project site from the WHF; and
WHEREAS, it is the intent of the County of Hawaii to lease
the project site to the WHF; and
WHEREAS, in order to assure the success of the Project, the
County Council finds that it is in the public interest to accept
the donation of the project site identified as TMK: 6-7-02: Por.
17, from the WHF.
NOW, THEREFORE, BE IT RESOLVED BY THE HAWAII COUNTY COUNCIL
OF THE COUNTY OF HAWAII, that it is the intent of the Hawaii
County Council to accept the donation of the project site,
identified as TMK: 6-7-02: Por. 17, from the Waimea Housing
Foundation, Inc., pursuant to Article XIII,
Section 13-12, County Charter, County of Hawaii.
BE IT FURTHER RESOLVED, that a copy of this resolution be
transmitted to the Department of Finance, the Office of Housing
and 'Community Development, the Trustees of the Richard Smart
Revocable Personal Trust, and the Waimea Housing Foundation, Inc.
Dated at Hilo, Hawaii, this 10th day of
March ~ 1993.
COUNTY COUNCII, a ROLL CALL VOTE
Couaty of Hawaii
Hilo, Hawaii
I haxby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL
of the Coanty of Hawaii on March 10 . 1993 _
ATTEST:
___ _ ~ l„,
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I
COUNTY-CLERK
AYES LADES ABS EX
ARAKAKI X
BONK-ABRAMSON X
CHILDS X
DE LIlNA X
DCMINGD X ~
HALE X
TH X
ROSEHILL X
SCHUTTE X
9 0 0 0
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CHAIRMAN & PRESIDING OFFICER