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Home My WebLink AboutRES 209 Draft 01 2008-2010COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 209 09 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE MEMORANDUMS OF AGREEMENT WITH THE VARIOUS LANDOWNERS FOR THE ACQUISITIONS OF THE RIGHTS-OF-WAY FOR THE ANE KEOHOKALOLE HIGHWAY. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, the County of Hawaii has begun development of the Ane Keohokalole Highway project, otherwise known as the Mid-Level Road, that is planned to extend from Palani Road/Henry Street in a northerly direction to the Kealakehe Parkway and the new County of Hawaii West Hawaii Civil Center Complex, and then to Hinalani Street, and eventually to Kaiminani Drive, along with the expansion of Palani Road from Henry Street to Kamakaeha Avenue; and WHEREAS, the American Recovery and Reinvestment Act of 2009 ("ARRA"), otherwise known as the "Stimulus Package," has provided the County of Hawaii with a unique opportunity to fast track this roadway construction project, which will not only help to alleviate the acute traffic problems in Kona, but help infusejobs and money into the local economy; and WHEREAS, the Kona Community Development Plan recognizes this Mid-Level Road project as a key link for traffic circulation and relieving traffic congestion on Palani Road, Mamalahoa Highway, and the Queen Ka`ahumanu Highway; and WHEREAS, the following landowners who adjoin the Mid-Level Road project wish to participate with the County of Hawaii by providing the land for the roadway in order to make this project a reality: QUEEN LILI`UOKALANI TRUST LANIHAU PROPERTIES, LLC SCD KALOKO MAKAI, LLC HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION STATE OF HAWAII, DEPARTMENT OF LAND AND NATURAL RESOURCES STATE OF HAWAII, DEPARTMENT OF HAWAIIAN HOME LANDS STATE OF HAWAII, DEPARTMENT OF EDUCATION McCLEAN HONOKOHAU PROPERTIES; and WHEREAS, the County of Hawaii is seeking Memorandums of Agreement (see attached) from the landowners to allow them to donate their properties and reimburse the County of Hawaii for utilities and road construction additives that may benefit these landowners. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Mayor is authorized to enter into Memorandums of Agreement with the various landowners adjacent to the Ane Keohokalole Highway for the donation of land and construction of the Ane Keohokalole Highway. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Mayor of the County of Hawaii is authorized to sign the above referenced Memorandums of Agreement and any related documents on behalf of the County of Hawaii pursuant to the Hawaii County Charter 2000, Section 13-13. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Mayor William P. Kenoi; (2) Warren H.W. Lee, Director of Public Works; and (3) Gerald Takase, Deputy Corporation Counsel. Dated at g; ~o ,Hawaii, this 5~ day of August , 2009. INTRODUCED BY: C CIL MBER, C R TY OF HAWAII COUNTY COUNCIL County ofHawai`i Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated [o the right hereof adopted by the COUNCIL of the County of Hawaii on August 5, 2009 ATTEST: ~~-~- ~~~<~; COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX ENRIQUES X FORD X GREENWELL g HOFFMANN X IKEDA X I NAEOLE X ONISHI YAGONG X g ~ ----I i YOSHIMOTO X _ y { 8 0 1 _ 0 j Reference: C-434/Waived P~IIF2C RESOLU~rtoN No. 209' 09 MEMORANDUM OF AGREEMENT WITH (For Ane Keohokalole Highway) THIS MEMORANDUM OF AGREEMENT dated as of , 2009 (this "Memorandum") is made by , whose principal place of business and mailing address is and the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii (the "County"), whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720. Background: The County has begun development of the Ane Keohokalole Highway project, which is otherwise known as the Mid-Level Road Project, that is planned to extend from Palani Road in a northerly direction to the Kealakehe Parkway, and then beyond to Hinalani Street and eventually to Kaiminani Drive. The new Kona Community Development Plan (the "Kona CDP") recognizes this Mid-Level Road Project as a key link for traffic circulation and relieving traffic congestion on Palani Road, Mamalahoa Highway, and the Queen Ka`ahumanu Highway. owns certain land situated in Honokohau, District of North Kona, Island and County of Hawaii, State of Hawaii identified by Tax Map Key: (3) (the "Property"), over which a portion the Mid-Level Road is planned to traverse. The parties desire to cooperate with each other to provide the right-of--way (the "ROW") that is necessary to accommodate the portion of the Mid-Level Road that will traverse the Property. The County is contemplating the construction of travelway and related improvements for the Mid-Level Road, to improve traffic circulation in the North Kona District Agreement: NOW, THEREFORE, the parties hereby agree as follows: 1. shall cooperate with the County, the State Department of Transportation, and the Federal Highways Administration, to the extent and as such cooperation may be required by the County, to allow the survey, planning and assessmerits studies to be conducted on the Property to create the ROW for the Mid-Level Road corridor as part of the subdivision of the Property to be processed by the County. The ROW may include land for the travelway, as well as any other appurtenant structures or easements necessary to support the road and public utilities required to service the Property and the North Kona District. 2. will work with the County and will provide all topographical surveys, archaeological and environmental studies, engineering roadway plans, and other studies in its possession or which are in the process of being prepared for to assist the County in determining a roadway alignment that is most advantageous to all properties that are adjacent to the Mid-Level Road corridor. 3. The County shall be responsible for all other work not currently completed for the survey, planning, design, and construction of the Mid-Level Road, including the subdivision of the Property for creating the ROW through the Property. 4. The County, or its designees, shall prepare alignment maps which shall depict archaeological features, ownership boundaries, proposed intersections, and other relevant details for the Mid-Level Road. 5. The design of the Mid-Level Road across the Property may incorporate details or provisions for the construction of the following improvements along the future frontage of the areas adjoining Mid-Level Road: a. Major intersections with mauka-makai roadways; and b. Conduits for future utilities. 6. The County shall prepare plat maps and subdivision applications, pursuant to Hawaii County Code Section 23-11 (public utility or public rights-of--way subdivisions), circulate to for review or revision as necessary, and process the map to obtain final subdivision approval for creating the ROW within the Property. 7. As part of the construction of the Ane Keohokalole Highway, is requesting that certain utility and other design features be designed and built for the benefit of . These improvements are further delineated in Exhibit 1. 8. As part of this agreement, the request of and for the benefit of recognizes that these improvements are at As such, agrees that any costs associated with the design and construction of these improvements will be paid for by 9. In accordance with FHWA regulations, will need to certify to the County of Hawaii by September 1, 2009, that funds for any utility work not directly paid for by FHWA as part of the Ane Keohokalole Highway have been committed and will be deposited to the County of Hawaii prior to the award of the contract by 10. When requested by the County, shall dedicate, donate or transfer the subdivided ROW to the County for the construction of the Mid-Level Road. To facilitate the processing of the subdivision application for the Property, shall provide a letter of authorization for the County to act as its authorized representative. 12. Transfer or dedication of the subdivided ROW for roadway construction involving Phase 1 shall take place upon final subdivision approval by the County Planning Department, but no later than July 31, 2009 if required for the bidding and construction of the Mid-Level Road project. 13. Although will be dedicating or transferring the subdivided ROW at no cost to the County, shall nevertheless be entitled to recognize the value of the dedicated land and any roadway improvements installed by for the purpose of determining the value of any off-sets or credits against any future fair share assessments relating to regional roadways, circulation upgrades and related traffic improvements in the North Kona District. 14. The County of Hawaii shall pay for all costs associated with the design, permitting, land acquisition, and construction of the Ane Keohokalole Highway. These costs, excluding those costs which maybe additives to a specific property, shall be prorated to the adjacent landowner based on its frontage along the Ane Keohokalole Highway. 15. The adjacent landowners recognize and agree that the Ane Keohokalole Highway will have a direct benefit to their property and agree that a reimbursement agreement between the landowners and the County of Hawaii is warranted and shall be agreed upon during the rezoning of their respective parcels, unless agreed upon sooner. 16. By entering into the agreements with the County that are evidenced by this Memorandum, shall not be deemed to have assumed any obligation with respect to the roadway improvements in the subdivided ROW, including the construction thereof within any timetable, except for 's obligation to dedicate the land comprising the subdivided ROW. Similarly, the County shall not be deemed to have made any commitments or promises with respect to any entitlements for 's lands adjoining the subdivided ROW IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date written above. By COUNTY OF HAWAII By