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HomeMy WebLinkAboutRES 077 Draft 01 1998-2000 0 0 iTY i! : COUNTY OF HAWAII STATE OF HAWAII !f RESOLUTION NO. 77 99 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CANCELLATION OF THE FEBRUARY 12, 1990, AGREEMENT WITH KA`UPULEHU MAKAI VENTURE, AS AMENDED ON OCTOBER 8, 1991, TO SATISFY THE AFFORDABLE HOUSING REQUIREMENT FOR KA`UPULEHU MAKAI DEVELOPMENT WHEREAS, the Ka`upulehu Makai Venture ( "KMV ") acquired approximately 624.4 acres of land at Ka`upulehu, North Kona, Hawai`i, covered by tax map key numbers (3)7 -2- 03:001, 002, 004, 005, 008, & 009; (3)7-2-011:001-018; (3)7-2-12:001-015, 017 -029 and (3)7- 2- 013:001 -012, from Ka`upulehu Developments, hereinafter referred to as the "Property"; and WHEREAS, on October 24, 1996, the State Land Use Commission ( "LUC "), Docket No. A85 -597, approved the reclassification of the Property from Conservation to an Urban land use district, provided that Ka`upulehu Developments or its successor shall provide affordable housing opportunities; and WHEREAS, on October 27, 1988, Change of Zone Ordinance 88 -157 became effective and rezoned the Property; and WHEREAS, Condition "K" of Change of Zone Ordinance 88 -157 requires that the applicant be responsible to provide affordable housing; and WHEREAS, on February 12, 1990, the County entered into an agreement with Ka`upulehu Developments to satisfy Condition "K" of Change of Zone Ordinance 88 -157 for the Four Seasons Resort; and WHEREAS, on October 8, 1991, the County amended the agreement with Ka`upulehu Developments to satisfy Condition "K" of Change of Zone Ordinance 88 -157 for the Four Seasons Resort; and WHEREAS, the Office of Housing and Community Development has received an opinion from the County's Corporation Counsel stating that, because the amended agreement is unfulfilled, Condition "K" remains unsatisfied, therefore, Ordinance 98 -1 applies; and 0 0 WHEREAS, the KMV has submitted a proposal for a housing subsidy program administered by the developer to the Hawai`i County Housing Agency, pursuant to Ordinance 98 -1, to satisfy the KMV's affordable housing condition; and WHEREAS, on July 1, 1998, the County Council adopted Resolution No. 289 -98 which authorized the Mayor to negotiate and execute an agreement with Ka`upulehu Makai Venture to satisfy the affordable housing condition in Ordinance No. 88 -157; and WHEREAS, Resolution No. 289 -98 did not specifically authorize the Mayor to execute a cancellation of the original agreement executed on February 12, 1990, with Ka`upulehu Developments, as amended on October 8, 1991. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Mayor is authorized to execute cancellation of the agreement previously executed on February 12, 1990, with Ka`upulehu Developments, as amended on October 8, 1991, which would be superseded under the new agreement with Ka`upulehu Makai Venture. • BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Office of the Mayor, the Planning Department, the Office of Housing and Community Development and to the Ka`upulehu Makai Venture. Dated at Hilo, Hawaii, this day of , 1999. I #6ODUCED BY: a ,,,,_,e� . . CO . CIL IN MB ��'', COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAKI CHUNG I hereby certify that the foregoing RESOLUTION was by ELARIONOFF the vote indicated to the right hereof adopted by the COUNCIL of the JACOBSON County of Hawaii on LEITHEAD -TODD ATTEST: PISICCHIO SMITH TYLER YAGONG Reference: C - 249 77 99 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO.