HomeMy WebLinkAboutRES 339 Draft 01 1988-1992\ \
COUNTY OF HAVIf' ~a =S''IrATE OF HAWAII
RESOLUTION No. 339 S1
WHEREAS, Transcontinental Development Co., a Texas general
partnership ("TDC"), requested and obtained from the County certain approvals
(the "Approvals") relating to resort zoning designations and hotel room
densities in the Waikoloa Beach Resort as contained in County of Hawaii
Ordinances 85-75 and 85-76 (the "Zoning Ordinances"), subject to the
satisfaction of certain requirements for affordable housing (the "Housing
Requirements") imposed by the County in exchange for the Approvals; and
WHEREAS, following negotiations between representatives of TDC and
the County, the Hawaii County Council issued Resolution No. 420-88 dated
April 6, 1988 (the ''Housing Resolution"), and TDC and the County entered into
that certain Memorandum of Agreement dated March 2, 1986 (the "Housing
Memorandum") by which TDC agreed to convey to the County and the County agreed
to accept the conveyance of three hundred (300) net acres of residential land
in Waikoloa, South Kohala, Island, County and State of Hawaii (the "Dedicated
Land") in full satisfaction of all Housing Requirements imposed by the County
in exchange for the Approvals; and
WHEREAS, by means conveyances and documents, including, without
limitation, Deed dated April 25, 1989, recorded in the Bureau of Conveyances
in Liber 23110 at Page 1, and Assignment of Leases and Contracts and
Assumption Agreement dated April 25, 1989, WDC has succeeded to the interest
of TDC in the Dedicated Land, has agreed to assume the obligations of TDC
V.3.2.-2
under the Housing Memorandum, the Zoning Ordinances and the Housing
Resolution, and ie entitled to receive the benefits granted to TDC there-
under; and
WHEREAS, the Hawaii County Housing Agency, by action taken on
July 24, 1990, reviewed the preliminary Waikoloa Master Plan and authorized
the additional funding for an Environmental Impact Statement; and
WHEREAS, the Environmental Impact Statement was completed and
approved on April 30, 1991; and
WHEREAS, the County and WDC have agreed that the conveyance of
that certain property described as Lot 5 of the Waikoloa School Site
Subdivision as shown on file plan 2038 would be credited with the conveyance
of 250 net residential acres of land toward the obligations of WDC under the
Housing Memorandum and the Housing Resolution; and
WHEREAS, each of the parties hereto wishes to achieve an objective
(the "Objective"), the Objective of the County being the construction, on the
Project Site, of a demonstration affordable housing project serving the needs
of residents of the County of Hawaii whose incomes fall within the range of
incomes designated by the County as an affordable housing need group; the
Objective of WDC being the receipt of credit from the County of 250 net acres
of residential land within the Project Site toward the obligation of WDC under
the Housing Memorandum and the Housing Resolution to convey 300 net acres of
residential land to the County; and
WHEREAS, WDC, and the County wish to enter into this Agreement in
order to allow each of the parties to achieve its respective Objective;
V.B.2.-3
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that the Mayor is hereby authorized to execute a Agreement between the
County of Hawaii, a municipal corporation and Waikoloa Development Company, a
Hawaii limited partnership to accept the conveyance of land for the
development of affordable housing and other related community development
uses; and
BE IT FURTHER RESOLVED that the County Clerk be directed to
forward true copies of this Resolution to the Waikoloa Development Company and
the Office of Housing and Community Development.
Dated at Hilo, Hawaii, this 3Td day of July ,1991.
INTRODUCED BY:
. 1
Counci an, County of Hawaii
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 Ju1~3.~_,
ATTEST:
COUN CLERK AIRMAN & PRESI NG OFFICER
V.B.2.-4
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI X
DE LIMA X
DOMINGO
HALE X
KOKUBUN
LAI X
MAKUAKANE X
RUDDLE X
SCHUTTE X
8 0 1 0
Reference
RESOLUTION NO. ~~
•iv os h~k
...E o;r„.'+.~
Lorraine R Inouye
Office of Housing Mayor
and Community Development Brian T. Nishimura
Housing Administrator
50 Wailuku Drive • Hilo, Hawaii 96720 • (808) %1-8379 • Fax (808) 935-4725
June 26, 1991
TO: Russell S. Kokubun, Chairman
Hawaii County Council
FROM: Harry S. Ruddle, Chairman
Hawaii County Housing Agency
SUBJECT: Waikoloa Employee Housing Requirement
Resolution for the Hawaii County Council
The OHCD has submitted to the HCHA a Resolution authorizing the
Mayor of the County of Hawaii to execute an Agreement with Waikoloa
Development Company to fulfill the employee housing requirement
of Ordinance No.'s 85-75 and 85-76.
The HCHA has reviewed and approved the Resolution at its meeting
on June 26, 1991. Accordingly, I am requesting that the
Resolution be included on the Council agenda for action at its
July 3, 1991 meeting.
Attach.
xc: Brian T. Nishimura, Administrator
EQUAL HOUSING OPPORTU NITv