HomeMy WebLinkAboutRES 216 Draft 01 1992-1994COUNTY OF HAWAII STATE O~ _•AWAII
RESOLUTION N0. 236 94
RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO NEGOTIATE A LEASE
WITH THE OULI EKAHI LIMITED PARTNERSHIP FOR THE OULI EKAHI
AFFORDABLE HOUSING PROJECT SITE AND GRANT EASEMENTS TO LIMITED
PARTNERSHIP AND PUBLIC UTILITY COMPANIES.
WHEREAS, pursuant to Chapter 2, Article 19, Section 2-120,
Hawaii County Code, as amended, the County. Council may direct the
Finance Director to dispose of real property in fee, by lease,
license, or permit; and
WHEREAS, Chapter 2, Article 19, Section 2-120 (a)(4), Hawaii
County Code, as amended, provides that the Council may, by
resolution approved by a majority of its members, direct the
Finance Director to negotiate the disposition of real property by
granting an easement to non-profit organizations or affordable
housing developers on such terms and conditions as deemed proper;
and
WHEREAS, Section 46-66, Hawaii Revised Statutes, (HRS)
authorizes each county, subject to the approval of its council,
to grant, sell or otherwise dispose of any easement for any
public utility purpose by negotiation without public auction; and
WHEREAS, Chapter 2, Article 19, Section 2-111 (a)(2), Hawaii
County Code, as amended, provides that the Council may, by
resolution approved by a majority of its members, direct the
Finance Director or Chief Engineer to grant an easement for
particular purposes, subject, however, to reverter to the County
upon termination or abandonment of the specific purpose for which
it was granted, provided that any easement may be granted by
direct negotiation and without recourse to public auction when
the sale price of such easement is less than $1,000; and
WHEREAS, the 0uli Hawaii Properties Limited Partnership
(OHPLP), a Hawaii limited partnership, agrees to sell the project
site (TMK: 6-2-01: Por. 74) to the County of Hawaii for the
purpose of developing the Ouli Ekahi affordable elderly housing
project; and
WHEREAS, the County proposes to enter into a Purchase
Agreement with the OHPLP, after receiving proper authorization
from the Hawaii County Council, to acquire the project site,
identified as TMK: 6-7-01: Por. 74; and
WHEREAS, the Purchase Agreement states that the OHPLP has
executed an unrecorded Ground Lease with the Ouli Ekahi Limited
Partnership (Developer) who will construct the approved project;
and
WHEREAS, the Purchase Agreement further states that the
County will purchase the OHPLP's fee simple interest in the
project site; and
WHEREAS, the County hereby
is a good and proper choice for
construction; and
acknowledges that the Ouli area
housing development and
WHEREAS, the County desires to use its funds to provide
decent, safe and sanitary housing to qualified families; and
WHEREAS, the County and the Developer mutually desire to
combine resources to develop an affordable rental complex for
families with income levels of 60 percent (60$) and below of the
median family income for the County of Hawaii; and
WHEREAS, it is the intent of the OHPLP to sell the project
site to the County of Hawaii for FIVE HUNDRED THOUSAND DOLLARS
jS500,000.00) consideration; and
WHEREAS, it is the intent of the County of Hawaii to
purchase the project site from the OHPLP for FIVE HUNDRED
THOUSAND DOLLARS (5500,000.001 consideration; and
WHEREAS, pursuant to Chapter 2, Article 19, Section 2-
110 (a)(5), Hawaii County Code, as amended, the Housing
Administrator has certified that the Developer is an "Affordable
Housing Developer"; and
WHEREAS, the constraints of the various funding institutions
and tax credit issuers and recipient(s) require the County of
Hawaii to negotiate lease terms with the Developer prior to
construction; and
WHEREAS, in order to assure success of the project, the
Council finds that it is in the public interest to negotiate
lease terms with the Developer, rather than to offer the lease at
public auction; and
WHEREAS, the County desires to give the necessary consent
to grant an easement to any public utility company which, in the
future, desires to provide service to the Ouli Ekahi affordable
housing project.
NOW, THEREFORE, BE IT RESOLVED BY THE HAWAII COUNTY COUNCIL
OF THE COUNTY OF HAWAII, that the Finance Director and Housing
Administrator are hereby directed to negotiate lease terms with
the Ouli Ekahi Limited Partnership to further the development of
the Ouli Ekahi affordable housing project.
BE IT FURTHER RESOLVED, pursuant to Chapter 2, Article 19,
Section 2-120 (a)(4), Hawaii County Code, as amended, the Finance
Director is authorized to grant easements to the entities
involved to allow the development of this project on such terms
and conditions as deemed proper.
BE IT FURTHER RESOLVED, that in accordance with the
provision of Section 46-66, Hawaii Revised Statutes, and
Chapter 2, Article 19, Section 2-111 (a)(2), Hawaii County Code,
as amended, the Finance Director is authorized to grant easements
on County property to public utility companies for the purpose of
providing service to the Ouli Ekahi affordable housing project,
subject, however, to reverter to the County upon termination or
abandonment of the specific purpose for which this easement is
granted.
BE IT FURTHER RESOLVED, that a copy of this resolution be
transmitted to the Department of Finance and the Office of
Housing and Community Development.
Dated at Hilo, Hawaii, this 11th day of Mav
1994.
INTRODUCED
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by the
vote indicated to the right hereof adopted by the COUNCIL of
the County of Hawaii on Mav 11, 1994 ,
ATTEST:
ROLL CALL VOTE
I I AxES I NOES I Ass I Ex I
Reference
RESOLUTION NO. ZI6 94