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HomeMy WebLinkAboutRES 217 Draft 01 1992-1994COUNTY OF HAWAII. ' STATE OF HAWAII RESOLUTION N0. 22't 94 RESOLUTION AUTHORIZING NEGOTIATION AND EXECUTION OF AN AGREEMENT TO SUBLEASE A 4.75-ACRE PARCEL FROM OULI EKAHI LIMITED PARTNERSHIP TO DEVELOP THE PROPOSED OULI EKAHI AFFORDABLE HOUSING PROJECT. WHEREAS, Ouli Ekahi Limited Partnership (hereinafter "OELP"), a Hawaii limited partnership, has leasehold interest of 4.75 acres of land at Ouli, South Kohala, Hawaii, identified as TMK: 6-2-01: Por. 74 (the subject property); and WHEREAS, by virtue of Chapter 46-15.1, Hawaii Revised Statutes, (HRS) as amended, and by the regulations related thereto, the County is empowered to develop real property, either by itself, on behalf of the State of Hawaii, or in partnership with qualified developers or contractors; and WHEREAS, by virtue of Chapter 2, Article 13, Section 2-70, of the Hawaii County Code of the Countyof Hawaii, the County is empowered to develop and construct dwelling units, alone or in partnership with developers or contractors; and WHEREAS, the Hawaii County Housing Agency finds that adequate housing accommodations are not available in the ouli area; and WHEREAS, by virtue of Chapter 2, Article 13, Section 2-68, of the Hawaii County Code of the County of Hawaii, the Hawaii County Housing Agency may acquire neces$ary land by dedication, lease, purchase, exchange or eminent domain; and WHEREAS, by virtue of Chapter 2, Article 13, Section 2-70, of the Hawaii County Code of the County of Hawaii, the Housing Administrator is empowered to (1) acquire and utilize public and private lands; and (2) sell or lease completed units; and WHEREAS, the County hereby acknowledges that the Ouli area is a good and proper choice for housing development and construction; and WHEREAS, the County desires to use its funds to provide decent, safe and sanitary housing to qualified families; and WHEREAS, the County and the OEL•P mutually desire to combine resources to develop an affordable rental complex for families with income levels of 60 percent (60$) and below of the median family income for the County of Hawaii; and WHEREAS, when fully executed, paragraph 10 of the Ouli Ekahi Affordable Housing Agreement states that the County agrees to enter into the Sub-lease Agreement upon the satisfaction of the conditions that all 33 units are rented out to qualified low- income families at rents equal to the maximum allowed by the Internal Revenue Code and the Housing Finance and Development Corporation and establishment of an operating reserve fund. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that upon the satisfaction of conditions stated in the ouli Ekahi Affordable Housing Agreement, the Purchase and Sale Agreement, and the Ground Lease Agreement, the Mayor of the County of Hawaii or his duly authorized representative is hereby authorized to negotiate and to execute an agreement with the Ouli Ekahi Limited Partnership to sub-lease approximately 4.75 acres of land to operate the Ouli Ekahi affordable housing project. BE IT FURTHER RESOLVED THAT the Mayor of the County of Hawaii or his duly authorized representative is hereby authorized to execute other documents required to operate the subject project. BE IT FURTHER RESOLVED THAT copies of this resolution be transmitted to the Department of Finance, the Office of Housing and Community Development, and the ouli Ekahi Limited Partnership. Dated at Hilo, Hawaii, this 11th day of May , 1994. BY: COUNTY OF HAWAII COUNTY COUNCII. 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 M av 11, 19 9 4 . ROLL CALL VOTE AYES LADES ABS EX ARAIWICi X BANK-ABRANL90N X CHILDS X DE LIMA X DGMINGO X HALE X BATH X RDSF}iILL X SCH[TITE X 6 3 0 0 Reference RE9DLUTIC~i NJ. '~' 91~