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HomeMy WebLinkAboutRES 420 Draft 01 1984-1988 v S A COUNTY OF HAWAII STATE OF HAWAII RESOLUTION No. 420 83 WHEREAS, the people of the County of Hawaii (County) acknowledge that Transcontinental Development Company (TDC) has created a quality resort and residential development on certain lands at Waikoloa, South Kohala, County of Hawaii ; and WHEREAS, the people of the County wish to acknowledge the solid, long-term commitment and spirit of goodwill towards the community demonstrated by TDC; and WHEREAS, the people of the County recognizes that the successful development of the community requires continued cooperation between the County, the State, Federal Government, TDC, and the rest of the private sector; and WHEREAS, pursuant to Section 13-13, County Charter, County of Hawaii , Contracts, all written contracts to which the County is a party must be authorized by the Council by resolution if legislative action is necessary to implement the contract; and WHEREAS, pursuant to change of zone Ordinance No. 's 85-75 and 85-76 enacted by the County, TDC is required to provide affordable housing units or other related mitigation measures to meet the direct and indirect employee housing demands generated by the resort development; and WHEREAS, TDC is seeking satisfaction of its employee housing requirement which was attached to the approval of 3,000 hotel units as condition (H) of Ordinance No. 85-75 and condition ( I ) of Ordinance No. 85-76; and WHEREAS, in satisfaction of condition (H) of Ordinance No. 85-75 and condition (I ) of Ordinance No. 85-76, TDC has elected to make a contribution of land and infrastructure to the County; and WHEREAS, a Memorandum of Agreement has been signed by Mayor Dante K. Carpenter, Councilman Spencer K. Schutte, Chairman of the Hawaii County Housing Agency and Mr. Ronald F. Boeddeker, president of Transcontinental Corp. the managing general partner of TDC; NOW, THEREFORE, BE IT RESOLVED by the Hawaii County Council as follows: 1 . Agreement. The Mayor of the County of Hawaii is authorized to enter into an agreement with TDC, or their assigns, to fulfill the employee housing requirement of Ordinance No. 's 85-75 and 85-76. The County and TDC agree to the following: a. The affordable housing requirement for the 2,457 uncredited hotel units (3,000 units less the 543-room Sheraton Royal Waikoloa Hotel ) shall be 300 net acres of land. b. TUC will promptly deed to the County, 300 net acres of land for housing and other related community development purposes. Land required for the extension of Paniolo Drive, major drainage ways, sewage treatment plants, schools, or any other facilities which service areas outside of the 300 net acres. To the extent that a portion of the 300 acres is used for mutual benefit, additional acreage will be added by TDC on a pro rata basis, reflecting the benefit to the area outside the 300 acres. In addition, any portion of the property that is not developable due to environmental or archaeological requirements shall be set aside and replaced by TDC. c. TDC shall provide, or shall cause to be provided, if and when required, the following: 1 ) Water. Improvements to the 300-acre site shall include source, transmission and storage capacity to accommodate the development of 300 net acres. �) Sewer. Improvements to the 300-acre site shall include treatment, transmission, and pumping capacity to accommodate the development of 300 net acres. 3) Roads. Paniolo Drive shall be extended and improved to County dedicable standards with four lanes as well as intersections providing two ingress and egress points to the property. TDC shall insure, to the extent not built by other developers, that the improvements to Paniolo Drive are provided within five years from the date of this agreement. 4) Drainage. Improvements shall be coordinated to accommodate flows mauka and makai of the site. The County shall be responsible for those drainage improvements required as a result of development within the 300 net acres. TDC shall be responsible for only those drainage improvements required as a result of development on adjoining parcels. 5) Environmental Assessment. An environmental assessment shall be prepared to identify any potential limitation to the development of the area proposed for conveyance to the County. The assessment shall include, but not necessarily be limited to an archaeological reconnaissance survey, flora and fauna survey and drainage study. The cost of the assessment shall be borne equally by TDC and the County. TUC shall be responsible for providing appropriate mitigation measures or replacing undevelopable land with an equal amount of acreage should any be required. 5) Material Sites. TUC, its successors or assigns, shall provide the County, or its authorized representatives, quarry material at the going rate for the development of the 3UU net acres as long as TDC is operating the facility. d. Appropriate easements in favor of TDC shall be reserved for improvements which may be required to develop the 300 net acres. e. The 300 net acres are given free and clear to the County. The 300 net acres shall be utilized for the expressed purposes of developing affordable housing and other related community development uses such as child care centers, community center and playgrounds. If, in the proper planning of the 300 acres, some kind of neighborhood commercial development is deemed appropriate, it will be limited to a maximum of two sites with structures not to exceed 5,000 square feet at each location. TDC will be given the first option to develop the neighborhood commercial facilities. f. TDC shall have the opportunity to develop property within the 30U net acres on the same terms given other developers. g. The County shall pay a utility service connection fee of $400 - $700 per unit for water plus the cost of a meter and $400 per unit for sewer or as those fees are amended by the Public Utility Commission. However, TDC will reimburse the County for any increase in those connection fees above $400 - $700 on water and $400 on sewer for a period of 5 years from the date of this agreement. Thereafter, TDC will reimburse any increase in these fees above $1 ,000 in water and $600 in sewer. h. The 300 net acres shall not be annexed to the Waikoloa Village Association. Property owners may choose to join the association on an individual basis. i . TDC shall be given the opportunity to review site planning, exterior design, colors, and landscaping prior to the County taking final permit action on all of the 300 net acres. The County will make efforts to minimize overhead wiring. j. This agreement, when finalized, shall be recorded by TDC in the Bureau of Conveyances, State of Hawaii . The agreement will state that these terms and conditions shall run with the land. 2. Housing Credit. TDC shall be credited with satisfying the affordable housing requirement imposed by the County pursuant to change of zone Ordinance No. ' s 85-75 and 85-76, upon completion of the aforementioned agreement and upon compliance with all of its terms and conditions. • J. Transmittal . Inis council resolves that the Glerk snit be, and he is, hereby directed to transmit copies of this resolution to: the Mayor of the County of Hawaii and TDC. Dated: Hilo, Hawaii April 6, 1988 INTRODUCED BY: NCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii - Hilo, Hawaii AYES NOES ABS EX DAHLBERG X DE LUZ X I hereby certify that the foregoing RESOLUTION was by DOMINGO X the vote indicated to the right hereof adopted by the COUNCIL GREENWELL X of the County of Hawaii on April 6 , 1988 JITCHAKU-INOUYE X KOKUBUN X ATTEST: LAI X SCHUTTE X YAMASHIRO X 9 0 0 0 e4/( Reference 5' RESOLUTION NO 43Q COUNTY LERK r AIRMAN& P•0 DING OFFICER .