HomeMy WebLinkAboutCOM 0122.001 1996-1998
- ..,,a, .
ooM.r os Virginia Goldstein
- Director
Stephen K. Yamashiro i 6ie}'
Nub r _ Russell Kokubun
Deputy Director
•t•1 Oi•M~Jr
~II1tItf~1 II~ ~lIfll2Ttt
PLANNING DEPARTMENT n ~ '
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-0252 _ ~ -
January 13, 1998 (808) 96I-8288 • Faz (sos> 961-s7az
Mr. Steven S.C. Lim -
Carlsmith Ball Wichman Case & Ichiki _
121 Waianuenue Avenue
Hilo, HI 96721-0686
Dear Mr. Lim:
Third Annual Progress Report
Change of Zone Ordinance No. 93 131 (REZ 752)
Applicant: White Hat Development Corp.
TMK: 7-3-3: 7 and 13
This is to acknowledge receipt of your third annual progress report in compliance with Condition
T of the above-referenced ordinance. Thank you for your timely and thorough submittal.
By copy of this letter, we will forward your report to the County Council and Planning
Commission for their information. As a reminder, your next annual progress report will be due on
or before December 29, 1998. In addition, per Condition C of the above-referenced ordinance,
Final Subdivision Approval shall be secured within five (5) years from the effective date of the
Change of Zone, or December 29, 1998.
Should you have any questions, please call Phyllis Fujimoto or Susan Gagorik of this department
at 961-8288.
Sincerely,
GIIVIA GOLDSTEIN
Planning Director
>~o. / 2 z . o /
PF:cjf
f.\wpwin60\phyllisUwhite02.pkf PSIe na. Z N ~ IrCN
Li. Yw
SMt. Iii :~1~ ~ 5
JAN 1 3 1998
cc w/Itr: West Hawaii Office
County Council
Planning Commission
, z 7S~
CARLSMITH BALL WICHMAN CASE ICHIIQ
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING LAW CORPORATIONS
121 WAIANUENUE AVENUE
POST OFFICE BOX 686
HILO, HAWAII 96721-0686
TELEPHONE (808) 835-66dd
FAX (606)935-7975
December 26, 1997
Via Hand Delivery
Virginia Goldstein
Planning Director -
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Annual Progress Report
Change of Zone Ordinance. No. 93-131
Change of Zone Application No. 93-1
Applicant: White Hat Development Corp.
Project: University Heights West Subdivision
Tax Map Key: (3) 7-3-003:007 and 017
Makaula. District of North Kona. County of Hawaii.
Dear Ms. Goldstein:
Please accept the following as applicant White Hat Development Corp.'s third
annual progress report submitted in compliance with Condition T of Change of Zone Ordinance
No. 93-131 for the above-referenced University Heights West Subdivision (hereinafter the
"Project").
Status ofProiect
A. State Land Use Reclassification.
On January 7, 1993, in its Order Adopting Hearing Officer's Proposed Findings of
Fact, Conclusions of Law, and Decision and Order, the State Land Use Commission reclassified
2003620.1.03056-1
<l,y r~
's`Y i
HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO CITY
Virginia Goldstein
Planning Director
December 26, 1997
Page 2
the Project site, more particularly described as tax map key parcels (3) 7-3-3:007 and 017, from
the State Land Use Agricultural District to the Urban District.
On July 15, 1996, the Land Use Commission approved an Order Granting Motion
to Amend Conditions of Approval, amending Conditions 1, 4 and 5 as follows:
1) Petitioner shall provide affordable housing opportunities for low to
moderate residents in the State of Hawaii to the satisfaction of the
County of Hawaii. The location and distribution of the affordable
housing or other provisions for affordable housing shall be under
such terms as may be mutually agreeable between the Petitioner and
the County of Hawaii.
4) Petitioner shall fund, design and construct necessary local and
regional roadway improvements necessitated by the proposed
project in designs and schedules accepted by the State Department
of Transportation and the County of Hawaii.
5) Prior to the occupancy ofthe first house in the subject project, the
Petitioner shall provide afair-share contribution for school facilities
as determined by the Department of Education. The contribution
may be a combination of land, services and/or cash required to
address the impact on school facilities.
,egg, Exhibit A attached Applicant's second annual report dated January 13, 1997 (hereinafter
"Applicant's Second Annual Report").
B. County Rezoning
On December 29, 1993, the Hawaii County Council approved Ordinance No. 93-
131, rezoning the approximately 23.926-acre Project site from an Unplanned (U) to the Single-
Family Residential (RS-7.5) designation.
On December 16, 1994, the Hawaii County Planning Department approved White
Hat Development Corp.'s Application for Planned Unit Development (hereinafter "PUD") for the
2003620.1.037056-I
Virginia Goldstein
Planning Director
December 26, 1997
Page 3
construction of a residential subdivision comprised of a maximum of 108 single-family units on
the Project site, with a final unit count pending final action on subdivision design drawings under
review by the agency.
Subsequently, in light of the downturn in the real estate market experienced across
the State and in the Kailua-Kona area, Applicant downsized its original subdivision plans and was
granted tentative approval on October 11, 1996 fora 50 residential lot subdivision. ,fig, Exhibit
B attached to Applicant's Second Annual Report.
Meanwhile, Applicant consulted with the County Office of Housing and
Community Development (hereinafter "OHCD") and the County Housing Agency to determine
whether certain zoning preemptions could be utilized for the Project, pursuant to Hawaii Revised
Statutes Sections 201E-201 and 201 E-210. As a result, the County authorized exemption of the
Project from specific zoning, subdivision and roadway codes and requirements, as set forth in
Resolution No. 34-97 (Draft 2) adopted by the County Council effective February 7, 1997. ,egg,
EXhi>ziLA attached hereto. The County Council also adopted Resolution No. 38-97 effective
February 7, 1997, which certified Applicant as an "Affordable Housing Developer", pursuant to
Hawaii County Code Chapter 2, Article 19, Section 2-110(a)(5). $gg, Exh' ' B attached hereto.
On March 21, 1997, Applicant and the County entered into an Agreement, which
required that all 50 house-and-lot units in the Project be offered for sale to affordable housing
target group purchasers within the County, pursuant to the requirements of OHCD. $gg, Exhibit
~ attached hereto. In its September 4, 1997 letter, OHCD determined that Applicant could offer
units for sale "without regard to income, ownership of property, owner-occupancy and price
restrictions, and reduced the required owner-occupant period for said units from ten to three
years. $gg, Exhibit D attached hereto. On September 17, 1997, the County executed a Release
of the aforementioned March 21, 1997 affordable housing Agreement. egg, Ex i i E attached
hereto.
Curcently, Applicant and the County are in the process of finalizing the remaining
issues involving Applicant, OHCD, the Planning Department, and the Department of Water
Supply regarding issuance of final subdivision approval, construction and infrastructure financing,
and lot sale restrictions, if any, for the affordable housing units.
2003620.1.037056-1
Virginia Goldstein
Planning Director
December 26, 1997
Page 4
Conditions of Rezoning Approval/Status of Compliance
Condition A: The applicant, successors, or assigns shall be responsible for complying with all of
the stated conditions of approval.
Stal>dS: Applicant, its successors or assigns will comply with all of the applicable
conditions of rezoning approval for the Project, as they have been amended by
County Council Resolution Nos. 34-97 (Draft 2) and 38-97 effective February 7,
1997, as discussed above. egg, Exhibits A and B attached hereto.
Condition B: The applicant shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within two (2) years from the date of adoption of this Change
of Zone ordinance, provided that a maximum one-year extension may be granted
by the Planning Director with reasonable and sufficient justification. The effective
date of the Change of Zone shall be upon the formal issuance of all necessary
water commitments for the proposed development by the Department of Water
Supply.
Status: On November 8, 1996, the Department of Water Supply acknowledged receipt of
the required $7,500.00 water commitment deposit for the Project. Exhibit C
attached to Applicant's Second Annual Report. As discussed above, Applicant
and the County are currently discussing satisfaction of water facilities charges,
capital assessment fees and subdivision bonding prior to issuance of final
subdivision.
Condition C: Final Subdivision Approval for the proposed development shall be secured within
five (5) years from the effective date of the Change of Zone ordinance.
Status: Applicant is exercising its best efforts to comply with the foregoing condition.
2003620.1.037056-1
Virginia Goldstein
Planning Director
December 26, 1997
Page 5
Condition D: The project site's access intersection with the Mamalahoa Highway shall be
constructed and fully channelized in a manner meeting with the approval of the
State Department of Transportation, prior to the final inspection and occupancy of
the first house(s) within the proposed development. Mitigation measures to
improve the operation of Mamalahoa Highway north and south of the project
access shall be submitted to the State Department of Transportation in conjunction
with the submittal of plans for Tentative Subdivision Approval review and/or with
the issuance of a Planned Unit Development (PUD) should such a permit be
submitted and approved or whichever occurs first.
Status: As stated above, on July I5, 1996, the Land Use Commission amended Condition
4 of its approval for State land use reclassification of the Project site as follows:
4) Petitioner shall fund, design and construct necessary local
and regional roadway improvements necessitated by the
proposed project in designs and schedules accepted by the
State Department of Transportation and the County of
Hawaii.
$~g, Exhibit A to Applicant's Second Annual Report. Applicant continues to
coordinate with the State and County on the design and construction of required
roadway improvements, as the same have been amended by exemptions contained
in Resolution No. 34-97. Ssgg, i i A attached hereto.
Condition E: Access to the subject property from Mamalahoa Highway intersection shall meet
with the approval of the Department of Public Works prior to the issuance of
Tentative Subdivision Approval for the proposed development.
Status: response to Condition D above.
Condition F: All interior subdivision roadways shall be constructed in a manner meeting with the
approval of the Department of Public Works prior to the issuance of Final
Subdivision Approval for the proposed development. The applicant, as may be
required by the Department of Public Works, shall provide dedicated roadway
2003620.1.037056-1
Virginia Goldstein
Planning Director
December 26, 1997
Page 6
stubouts within the proposed subdivision which would eventually provide access to
adjoining properties located to the north, south and west of the project site.
Status: Exemption No. 7 under Resolution No. 34-97 provides for "dedication to and
acceptance by the County of Hawaii of all project roadways (Roads `A', `B', `C',
and road stubouts to the north and south properties)." Exemption No. 9 provides
that the County may "vary and allow street grades of up to and including 20%, and
50-foot right-of--way, with paved swales for public roadway". $g~, Exhibit A
attached hereto.
Condition G: Prior to the final inspection and occupancy of the first house(s) within the
subdivision, the applicant shall bond and/or construct that portion of the Kauwila
Street extension fronting the subject property which runs from the north and south
boundaries of the subject property on lands owned by the State of Hawaii, and
shall be constructed to county-dedicable standards with a sixty (60) foot right-of-
way meeting with the approval of the Department of Public Works.
Status: Exemption No. 2 under Resolution No. 34-97 allows the County to "delete the
paving requirements and require only rough grading of the Kauwila Street
extension within the north and south boundaries of the subdivision to its designed
`subgrade' in accordance with the plans and specifications approved by the
Department of Public Works." fig, Exhi i A attached hereto.
Condition H: Drainage improvements shall be provided in a manner meeting with the approval of
the Department of Public Works.
Status: Exemption No. 5 under Resolution No. 34-97 provides as follows: "Modify
requirement for concrete curbs, gutters and sidewalks (Detail R-52) to allow paved
swales constructed pursuant to Department of Public Works Detail R-34. Allow
use of design speed of 25 miles per hour within University Heights Subdivision."
Exemption No. 6 provides as follows: "Vary Detail R-40 (Note 4) which requires
20-foot minimum drywell depth to increase the total number of drywells proposed
with 8-foot depths. Delete requirement for obtaining Department of Health
2003620.1.037056-1
Virginia Goldstein
Planning Director
December 26, 1997
Page 7
Underground Injection Control (UIC) permit for modified drywells. See Exhibit
`C' hereto for proposed drywell detail." $g@, Exhibit A attached hereto.
Condition I: The applicant shall provide all on- and off-site water system improvements as may
be required by, and constructed in a manner meeting with the approval of the
Department of Water Supply.
Status: $~g, response to Condition B above.
Condition J: In lieu of the actual construction of improvements as required in Conditions D, E,
F, G, H and I, the applicant may enter into an agreement with the Planning
Department to assure the County that the infrastructural improvements will be
constructed by way of a development agreement, surety bond, certified check or
other security acceptable to Corporation Counsel and the Planning Department.
Upon final execution of such agreement and/or filing of the security with the
County, Final Subdivision Approval for the proposed development shall be granted
prior to the actual construction of required infrastructural improvements.
Status: In furtherance of Condition J, Applicant and the County are in discussions on
resolving the issue of subdivision bonding.
Condition K: The applicant shall install a wastewater treatment system meeting with the
requirements of the Department of Health.
fig: As stated above, the Planning Department granted tentative approval of
Applicant's downsized plans fora 50 residential lot subdivision on October I I,
1996, subject to construction of individual wastewater treatment systems on each
lot in compliance with State Department of Health regulations.
Condition L: To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall work with the Office of Housing and
Community Development and the Planning Department to implement the housing
2003620.1.037056-1
r
Virginia Goldstein
Planning Director
December 26, 1997
Page 8
plan for the development approved by Resolution No. 505-92 and the December 3,
1992 Agreement between the County of Hawaii and White Hat Development
Corp., which shall be consistent with the housing policy of the Hawaii County
Housing Agency. The applicant shall notify the County Housing Agency of any
intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the
ownership interest in the property prior to the visible commencement of
construction on the property provided further that the applicant may transfer
ownership in the property to an affiliate or in a manner consistent with prior
representations to the County Housing Agency.
Status: As stated above, on July 15, 1996, the Land Use Commission amended Condition
I of its approval for State land use reclassification of the Project site as follows:
1) Petitioner shall provide affordable housing opportunities for low to
moderate residents in the State of Hawaii to the satisfaction of the
County of Hawaii. The location and distribution of the affordable
housing or other provisions for affordable housing shall be under
such terms as may be mutually agreeable between the Petitioner and
the County of Hawaii.
$gg, Exhibit A to Applicant's Second Annual Report.
As discussed above, on February 7, 1997, the County Council adopted Resolution
No. 34-97, which exempted the Project from certain zoning, subdivision and
roadway codes and requirements, and Resolution No. 38-97, which certified
Applicant as an "Affordable Housing Developer", pursuant to Hawaii County
Code Chapter 2, Article 19, Section 2-110(a)(5). On March 21, 1997, Applicant
and the County entered into an Agreement, which required that all 50 house-and-
lot units in the Project be offered for sale to affordable housing target group
purchasers within the County. In its September 4, 1997 letter, OHCD determined
that Applicant could offer "units for sale without regard to income, ownership of
property, owner-occupancy and price restrictions", and also reduced the owner-
occupancy requirement for said units from ten to three years. Lastly, on September
17, 1997, the County executed a Release of the aforementioned affordable housing
Agreement dated March 21, 1997. Exhibits A to E attached hereto.
2003620.1.037056-1
Virginia Goldstein
Planning Director
December 26, 1997
Page 9
Condition M: To ensure that the Goals and Policies of the Recreation Element of the General
Plan are implemented, the applicant shall construct three recreational areas totaling
a minimum of 3.5 acres for active and passive recreational uses within the subject
property which shall be dedicated and accepted by the County of Hawaii upon its
request. The configuration and improvements of the park, including and not
limited to grading, grassing, irrigation, fencing, one basketball court, a combination
volleybalWiddy basketball court, a mini soccer field, and a "tot lot", shall meet
with the approval of the Planning Department in consultation with the Department
of Parks and Recreation, prior to final subdivision approval. A park maintenance
and operational plan shall be submitted for review and approval by the Planning
Department in consultation with the Department of Parks and Recreation in
conjunction with final subdivision approval. Until such time that the park is
dedicated to and accepted by the County, there shall be adequate assurance, as
determined by the Corporation Counsel, for the maintenance of the private park by
recorded covenant running with the land which shall include the following: 1)
obligate the subdividers, purchasers, occupants, or association in the subdivision to
maintain the park in perpetuity; and 2) empower the County, through the
Department of Parks and Recreation, to enforce covenants to maintain the park,
authorizing the performance of maintenance work by the County in the event of
failure by the subdividers, purchasers, occupants, or association in the subdivision
to perform such work and permit the subjecting of land and properties in the
subdivision to a lien until the cost of the work performed by the County has been
reimbursed. The parks and its improvements shall be completed prior to the final
inspection and occupancy of the first house(s) within the proposed development.
Status: Exemption No. 3 under Resolution No. 34-97 deleted the foregoing requirement,
based on Applicant's agreement to "contribute $62,500 toward costs of related
recreational facilities for the immediate area before the first house is occupied", or
to provide land and construct park facilities valued at a minimum of $62,500 for
dedication to and acceptance by the County of Hawaii. Plans for the park site are
pending final approval by the Department of Parks and Recreation and the
Planning Department. $gg, Exhi i A attached hereto.
Condition N: The applicant shall work with the State Department of Education and the Planning
Department to provide its pro rata share for school facilities. The pro rata share
2003620.1.037056-1
Virginia Goldstein
Planning Director
December 26, 1997
Page 10
determination and its implementation shall be approved by the Planning
Department, in consultation with the Department of Education, in conjunction with
Final Subdivision Approval of the proposed development.
Status: As stated above, on July 15, 1996, the Land Use Commission amended Condition
5 of its approval for State land use reclassification of the Project site as follows:
5) Prior to the occupancy of the first house in the subject
project, the Petitioner shall provide afair-share contribution
for school facilities as determined by the Department of
Education. The contribution may be a combination of land,
services and/or cash required to address the impact on
school facilities.
Exhibit A attached to Applicant's Second Annual Report.
Subsequently, Exemption No. 1 under Hawaii County Resolution No. 34-97
deleted the requirement that Applicant provide a pro rata share for school facilities
"in light of the commitment to offer for sale 100% of the lots to qualified
affordable housing target group purchasers". Exhibit A attached hereto.
Condition O: That a Solid Waste Management Plan meeting with the approval of the
Department of Public Works shall be submitted prior to final subdivision approval
of the proposed development.
Status: Applicant will coordinate with applicable State and County agencies to conform to
its Project to the program goals and objectives of the Integrated Solid Waste
Management Act, Chapter 342G, HRS, and any applicable County of Hawaii Solid
Waste Management Plan developed by the Department of Public Works.
Condition P: Should any unidentified sites or remains, such as artifacts, shell, bone or charcoal
deposits, human burials, rock or coral alignments, pavings or wall be encountered,
work in the affected area shall cease and the Planning Department immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
2003620.L037056-I
f.
Virginia Goldstein
Planning Director
December 26, 1997
Page 11
the Planning Department when it finds that sufficient mitigative measures have
been taken.
Status: The State Historic Preservation Division has reviewed the archaeological survey
submitted by Applicant for the Project, and has determined that the proposed
development will have "no effect" on significant historic sites and that no further
archaeological work is necessary. (,deg, the Planning Department's Background
Report for the subject Change of Zone Application No. 93-1.) However, should
any unidentified sites or remains be encountered on the Property, Applicant will
comply with the provisions contained in Condition P above.
Condition O: As represented by the applicant, restrictive covenants in the deeds of all the
proposed lots shall prohibit the construction of a second dwelling unit on each lot.
A copy of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Department for review and
approval prior to final subdivision approval. A copy of the approved covenant
shall be recited in an instrument executed by the applicant and the county and
recorded with the Bureau of Conveyances likewise prior to final subdivision
approval.
Status: Applicant will comply with the foregoing condition.
Condition R: Comply with the conditions of the State Land Use Commission's Decision and
Order dated January 7, 1993.
Status: Applicant will comply with the conditions of the State Land Use Commission's
Decision and Order filed January 7, 1993, which reclassified the Property from the
State Land Use Agricultural District to the Urban District, as amended by the
Commission's Order Granting Motion to Amend Conditions of Approval filed July
15, 1996, as further amended by Resolution No. 34-97 adopted by the Hawaii
County Council on February 7, 1997. fig, E hi i A attached hereto.
2003620.L037056-I
Virginia Goldstein
Planning Director
December 26, 1997
Page 12
Condition S: Comply with all applicable laws, rules, regulations and requirements of the affected
agencies.
Status: Applicant will comply with all applicable laws, rules, regulations and requirements
of the affected agencies.
Condition T: An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of this ordinance. The report shall include,
but not be limited to, the status of the development and to what extent the
conditions of approval are being complied with. This condition shall remain in
effect until all of the conditions of approval have been complied with and the
Planning Director acknowledges that further reports are not required.
Status: In compliance with the foregoing condition, Applicant submits herein its third
annual progress report.
Condition U: Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
the imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
Status: Applicant will comply with the foregoing condition, if implemented for this
Project.
Condition V: An initial extension of time for the performance of conditions within the ordinance
may be granted by the Planning Director upon the following circumstances: a) the
non-performance is the result of conditions that could not have been foreseen or
are beyond the control of the applicants, successors or assigns, and that are not the
result of their fault or negligence; b) granting of the time extension would not be
contrary to the general plan or zoning code; c) granting of the time extension
would not be contrary to the original reasons for the granting of the change of
zone; d) the time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within one
2003620.1.037056-1
Virginia Goldstein
Planning Director
December 26, 1997
Page 13
year maybe extended for up to one additional year); and e) if the applicant should
require an additional extension of time, the Planning Director shall submit the
applicant's request to the County Council for appropriate action. Should any of
the conditions not be met or substantially complied with in a timely fashion, the
Director shall initiate rezoning of the area to its original or more appropriate
designation.
Status: Should an extension of time be required for performance of any of the conditions
of rezoning approval for the Project, Applicant will comply with the provisions for
extension set forth above.
Condition W: The applicant shall complete the proposed project in substantial compliance with
the representations made before the County Council.
Status: Applicant will comply with the foregoing condition.
Applicant White Hat Development Corp. respectfully requests that the Planning
Department accept its third annual report in satisfaction of Condition T above. Please contact me
at 935-6644, should you have any questions concerning the foregoing discussion. Thank you for
your consideration in this matter.
Very truly yours,
CARLSMITH BALL
WICHMAN CASE & ICHIKI
r~
STEVEN S. C. IM
SSCL:JEC
Attachments
xc w/attachments: White Hat Development Corp.
2003620.1.037056-I
COUP'"~Y OF HAWAII STATE ~F HAWAII
RESOLUTION N0. 3'~ q~
(DFAFT 2)
RESOLUTION OF THE COUNTY COUNCIL OF THE COUNTY OF HAWAII
AUTHORIZING THE EXEMPTION OF THE PROPOSED UNIVERSITY HEIGHTS
AFFORDABLE HOUSING PROJECT SITE FROM CERTAIN ZONING, SUBDIVISION
A_~'D ROADWAY CODES AND OTHER REQUIREMENTS, PURSUANT TO
C:iAPTERS 201E-201 AND 201E-210 OF THE HAWAII REVISED STATUTES.
WHEREAS, white Hat Development Corporation (hereinafter
"FTF?DC") has been working to develop an affordable housing project
(hereinafter "University Heights West") on land at Maka'ula,
North Kona, Hawaii, and identified as TMK: 7-3-03: 7 & 17, to
provide decent, safe and sanitary housing to qualified
individuals of the County of Hawaii (hereinafter "County"); and
WHEREAS, the Office of Housing and Community Development
(hereinafter "OHCD") has been working with the WHDC to develop
this project; and
WHEREAS, the County and the WHDC mutually desire to develop
affordable single family homes for sale to families with income
levels of 140 percent (140%) and below the median family income
for the County of Hawaii; and
WHEREAS, the OHCD has determined that (1) the WHDC is an
acceptable ar_d eligible developer in satisfaction of the
requirements of Chapter 201E, Hawaii Revised Statutes; and
(2) the Ma'<a'ula area is a good and proper choice for housing
development and construction; and
jv7-iEREAS, the County and the WHDC will be entering into an
agreement to develop the University Heights West affordable
housing project; and
w?-?EP,EAS, the WHDC has agreed to contribute $62,500 to pay
for the costs of related recreation improvements; and
WHEREAS, the preliminary subdivision plans submitted for the
University Heights west affordable housing project are attached
hereto as "Exhibit A"; and
EXHIBIT ~
WHEREAS, the preliminary roadway plans submitted for the
University Heights West affordable housing project are attached
hereto as "Exhibit A"; and
WHEREAS, to enable the University Heights West affordable
housing project to remain 100 percent (100%) affordable, as
defined by the Interim Affordable Housing Policy for the County
of Hawaii, the OHCD is proposing to utilize Chapter 201E-210,
Hawaii Revised Statutes, which allows certain housing projects
to be exempt from certain laws and rules, provided the County
Council approves; and
WHEREAS, the University Heights West affordable housing
project will promote the goals contained in Chapters 201E,
46-15.1, Hawaii Revised Statutes, and in Chapter 2, Article 13,
Hawaii County Code.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF TEE
COUNTY OF HAWAII, that preliminary subdivision plans for the
University Heights West affordable housing project site are
hereby approved as attached hereto as "Exhibit A."
BE IT FURTHER RESOLVED, that the preliminary roadway plans
for the University Heights West affordable housing project site
are hereby approved as attached hereto as "Exhibit A."
BE IT FURTHER RESOLVED, that upon compliance with
Chapter 25, Article 30, of the Subdivision Code and/or code
requirements exempted pursuant to provisions of Chapter 201E-210,
Hawaii Revised Statutes, the preliminary subdivision plans for
the University Heights West affordable housing project site shall
be granted final subdivision approval.
BE IT FURTHER RESOLVED, that pursuant to provisions of
Chapter 201E-210(a)(3)(C), Hawaii Revised Statutes, the Mayor of
the County of Hawaii or his duly authorized representative shall
be the responsible County official who will certify maps and
plans of lands connected with the University Heights West
affordable housing project as having complied with applicable
laws and ordinances relating to the subdivision of lands.
BE IT FURTHER RESOLVED, that the White Hat Development
Corporation has agreed to contribute $62,500 to be used to pay
for the costs of related recreational facilities for the
immediate area before the first house is occupied.
BE IT FURTHER RESOLVED, that a copy of this resolution be
transmitted to the White Hat Development Corporation, the
Planning Director for the County of Hawaii and the Office of
Housing and Community Development.
Dated at Hi_o, Hawaii, this 7th day of FebniaLv
1997.
INTRODUCED BY:
COUNC~LL~MEMffF$; COUNTY of
HAWAII
COUNTY COUNCII. ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii ARAtcAte X
cxtmc X
I hereby certify that the foregoing RESOLUTION was by the LErrt~n-TODD X
vote indicated to the right hereof adopted by Ne COUNCII. of the ~y X
Couary of Hawaii on Februazy 7, 1997
REYPOLDS X
ATTEST: SANTANGELO t
stetrrx X
M.ER X
YAGONG X
8 1 0 0
~G~ Reference C-1 ~
COUNTY CLERK CHAIRMAN & PRESIDRYG OFFICER RESOLUTION NO. ~ C1 ~ (DRAI'I 2)
0612H.'c5:
Pursuant to _apter 201E-210, Hawaii Re~~sed Statutes, the
following exemptions from code requirements and standards, as
established by Pub1i~: works, are requested as follows:
1. Land Use Commission Docket No. A92-679, Condition 5:
"Petitioner shall participate in the funding and
construction of school facilities, on a pro rata basis, as
determined by the State Department of Education."
Condition 5, as amended by the July 15, 1996, LUC Order
Granting Motion to Amend Conditions of Approval:
Prior to the occupancy of the first house in the
subject project, the Petitioner shall provide a
fair-share contribution for school facilities as
determined by the Department of Education. The
contribution may be a combination of land,
services and/or cash required to address the
impact on school facilities.
Change of Zone Ordinance No. 93-131, Condition (N) "the
applicant shall work with State Department of Education and
the Planning Department to provide its pro rata share for
school facilities. The pro rata share determination and its
implementation shall be approved by the Planning Department,
in consultation with the Department of Education, in
conjunction with Final Subdivision Approval of the proposed
development;"
Exemption: In light of the commitment to offer for sale
100% of the lots to qualified affordable housing target
group purchasers, delete requirement to provide pro rata
share for State of Hawaii Department of Education school
facilities.
2. Change of Zone Ordinance No. 93-131, Condition (G) "Prior
to the final inspection and occupancy of the first house(s)
within the subdivision, the applicant shall bond and/or
construct that portion of the Kauwila Street extension
fronting the subject property which runs from the north and
south boundaries of the subject property on lands owned by
the State of Hawaii, and shall be constructed to County-
dedicable standards with a sixty (60) foot right-of-way
meeting with the approval of the Department of Public
Works."
Subdivision Application No. 96-066, October 11, 1996,
Tentative Subdivision Approval, paragraph 11: "Refer Change
of Zone Ordinance No. 93-133. For the portion of Kauwila
Street between the north and south boundaries of the
subdivision, provide minimum 20-ft. wide dedicable pavement
with paved shoulders and swales within a minimum 60-ft.
width right-of-way conforming to Department of Public Works
Standard Detail R-34."
0611H. ZST
EXHIBIT "A"
Exempt ~n: Delete the paving requirements and recuir~ onl.,~
rough cradiag of the Kauwila Street extension within thz
north znd south boundaries of the subdivision .o its
desigl.ed "sub-grade" in accordance with the plans a..^.d
specifications approved by the Department of Public wor'{s."
3. Charge of Zone Ordinance No. 93-131, Condition (M) "To
insure that the Goals and Policies of the Recreation Hler,.zrt
of the General Plan are implemented, the applicant s ail
construct thrzz residential areas totaling a minimum o'_ 3.~
acres for active and passive recreational uses within the
subject property which shall be dedicated and accented by
the County of Hawaii upon its request. The configuration
and improvements to the park, including and not limited to
grading, grassing, irrigation, fencing, one basketball
court, a combination volleyball/biddy baskethall court, a
mini soccer field and a "tot lot," shall meet with the
approval of the Planning Department in consultation with t__~
Department of Parks and Recreation, prior to final
subdivision. approval. A park maintenance and operational
plan shall be submitted for review and approval by the
Planning Department in consultation with the Department o`
Parks and Recreation in conjunction with final suba~vision
approval. Until such time that the park is dedicated to and
accented by the County, there shall be adequate assurance,
as deter-mined by the Corporation Counsel, for the
maintenance of the private park by recorded covenant runninc
with the land which shall include the following:
(1) obligate the subdividers, purchasers, occupants, or
association in the subdivision to maintain the park ir.
perpetuity; and (2) empower the County, through the
Department of Parks and Recreation, to enforce covenants to
maintain the park, authorizing the performance of
maintenance work by the county in the event of failure by
the subdividers, purchasers, occupants, or association in
the subdivision to perform such work ar_d permit the
subjecting of the land and properties in the subdivision to
a lien until the cost of the work performed by the County
has been reimbursed. The parks and its improvements shall
be completed prior to the final inspection and occupancy of
the first house(s) within the proposed development;"
Exemption: Delete this requirement.
4. Subdivision Application No. 96-066, October 11, 1996,
Tentative Subdivision Approval, paragraph 12: "Final plat
map shall not reflect any roadway remnants."
Exemption: A11ow modification to standard residential lot
dimensions to allow incorporation of remnants into the
adjacent lots and/or roads.
5. Subdivision Application No. 56-066, October 11, 1996,
Tentative Subdivision Approval, paragraph 13: "Based on tre
prevailing RS-7.5 zoning, construct Road "C," Road "B," and
061:H..ST
f
Road with minimum 20-ft. wide ..edicable paveme_^.t and
with concrete curbs, gutters and sidewalks within a minima-
50-f t. wide right-of-way conforming with Standard Detail R_
32 with horizontal and vertical alignment ilased on 35 mph
design speed."
Exemption: Modify requirement for concrete curbs, gutters
and sidewalks (Detail R-52) to allow paved swales
constructed Pursuant to Department of Public Works Detail R-
34. Allow use of design speed of 25 miles per hour within
University heights Subdivision.
6. Subdivision Application No. 96-066, October 11, 1996,
Tentative Subdivision Approval, paragraph 14: "Submit
construction plans and drainage report for review and
comment."
a. Additional storm runoff due to development s'ra11 be
disposed within the subdivision and shall not be
discharged onto adjacent properties or roadways. For
planned drywells, satisfy Department of Health (DOH)
drywell requirements, including issuance of an
Underground Injection Control (UIC) permit to the
subdivider.
Exemption: Vary Detail R-40 (Note 4) which requires 20-foct
minimum drywell depth to increase the total number of
drywells proposed with 8-foot depths. Delete requirement
for obtaining Department of Health Underground Injunction
Control (UIC) permit for modified drywells. See Exhibit "C"
hereto for proposed drywell detail.
7. Subdivision Application No. 96-066, October 11, 1996,
Tentative Subdivision Approval, paragraph 15: "As a
condition of subdivision final approval, record a deed
covenant stating that the roadways are privately owned and
not maintained by the County."
Exemption: Permit the dedication to and acceptance by the
County of Hawaii of all project roadways (Roads "A," "B,"
"C," and road stubouts to the north and south properties).
8. Subdivision Application No. 96-066, October 11, 1996,
Tentative Subdivision Approval, paragraph 16: "Comely with
all conditions of approved Change of Zone Ordinance No. 93-
131 (REZ 752), Land Use Commission Docket No. A92-679
(LUC 832) and Planned Unit Development Permit (PUD 52)."
Exemption: Modify the above approvals and permits to the
extent allowed by HRS Chapter 201E in conformity to this
request.
O611H.25T
9. Subdivis~_on Application No. 96-066, October 11, 1996,
Tentative Subdivision Approval, General Roadway
Requirements: Access Road "A" on Mar parcel, TMK: (3)7-3-
03: 10, and main subdivision Road "t," - variance from DPW
standard roadway details relating to grade percentage,
right-of-way width and turning details.
Exearo tion: Vary and allow street grades of up to and
including 20%, and 50-foot right-of-way, with paved swales
for public roadway.
10. Subdivision Application No. 96-066, October 11, 1996,
Tentative Subdivision Approval, Other Exemptions: The
County shall quitclaim any and all interest in the Homestead
Roadway lots located at the south boundary of the subject
property and at the northern boundary of the Kalaoa View
Estates property.
Exemption: Waive all requirements to transfer of lards wi:.^
the exception of County Council/County Housing Agency
approvals.
0613H.EST
. ~r
arM
t `oJM`..... •+~~i
DONALD IKEDA • CONSTANCE R KIRIU
Counry ClerF lsgvlatrve Auditor
••~y. ....••i%
OFFICE OF `rHE COII7~`rY CLFRK
Counry o~ I•{awni
Hauaii Counry Building
Z.5 rluQuni $lrnt
Hifo, Hauuii 96720
NOTE
On Resolution No. 34-97, reference is made to
Exhibit "A," the preliminary subdivision and roadway plans for the
University Heights West affordable housing project attached hereto.
Because of its large size, said attachment is not part of the
duplicate copies of this Resolution, but is available in the
Office of the County Clerk.
If further information is needed, call 961-8255.
,~~t~
Donald Ikeda
County Clerk
~ i
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0. ~ 97
RESOLUTION OF THE COUNTY COUNCIL OF THE COUNTY OF HAWAII
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE WHITE HAT
DEVELOPMENT CORPORATION FOR THE DEVELOPMENT OF THE UNIVERSITY
HEIGHTS WEST AFFORDABLE HOUSING PROJECT.
WHEREAS, White Hat Development Corporation (hereinafter
"WHDC") has been working to develop an affordable housing project
(hereinafter "University Heights West") on land at Maka'ula,
North Kona, Hawaii, and identified as TMK: 7-3-03: 7 & 17, to
provide decent, safe and sanitary housing to qualified
individuals of the County of Hawaii; and
WHEREAS, the Office of Housing and Community Development
(hereinafter "OHCD") has been working with the WHDC to develop
this project; and
WHEREAS, pursuant to Chapter 2, Article 13, Section 2-70, of
the Hawaii County Code of the County of Hawaii, the County is
empowered to develop and construct dwelling units, alone or in
partnership with developers or contractors; and
WHEREAS, the OHCD has determined that (1) the WHDC is an
acceptable and eligible developer in satisfaction of the
requirements of Chapter 201E, Hawaii Revised Statutes; and
(2) the Maka'ula area is a good and proper choice for housing
development and construction; and
WHEREAS, the County desires to promote the development of
decent, safe and sanitary housing to qualified families; and
WHEREAS, the County and the WHDC mutually desire the
development of affordable single family homes for sale to
families with income levels of 140 percent (140%) and below of
the median family income for the County of Hawaii; and
WHEREAS, pursuant to Chapter 2, Article 19,
Section 2-110 (a)(5), Hawai'i County Code, as amended, the
Housing Administrator has certified that the Developer is an
"Affordable Housing Developer."
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF THE
COUNTY OF HAWAZ'Z, that the Mayor of the County of Hawaii or his
duly authorized representative is hereby authorized to execute an
agreement with the White Hat Development Corporation to further
the development of the University Heights West affordable housing
project.
EXHIBIT B
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 develop the
University Heights West affordable housing project.
BE IT FURTHER RESOLVED, that a copy of this resolution be
transmitted to the White Hat Development Corporation and the
Office of Housing and Community Development.
Dated at Hilo, Hawaii, this 7th day of February ,
1997.
INTRODUCED BY:
Ir
/
COUNC EMBER, COUNTY OF WAIT
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii ARat;Alz
cxir, cc X
I hereby certify that the (oregoiag RESOLUTION wv by the LE7CRFAD-TODD 7{
vote indicatcd to the tight herrnf adopted by the COUNCIL of the ~y X
County of Hawaii on February 7, 1997 REY~oLDS X
SA:tiTA.~'GELO X
AZ'T'EST:
SMITH X
TYLER
YAGO~G J{
_ _ _ E RCftRnCC - p ry r~
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLU'T'ION NO. 3 H g t
a
R-497
STATE OF HAWAII
BUREAU OF CONVEYANCES
RECORDED
MAY 07, 1997 08:02 AM
• Doc No(s) 97-059495
• /s/CARL T. WATANABE
t ACTING
- REGISTRAR OF CONVEYANCES
~r •
LAND COURT SYSTEM REGULAR SYSTEM
Retum by Mail ( ) Pickup ( ) To:
CARLSMITH BALL WICHMAN CASE 6 ICHIRI
Sklev~'n C'.. S. Lim
121 Waianuenue Avenue
Hilo, HI 96720 10 pages
TAX MAP KEY (3) 7-3-03:Porrions of 7 & 17 (Lot 2)
AGREEMENT
4~
This Agreement is made this day of 0..r cl~ 1997, by and
between WHITE HAT DEVELOPMENT CORPORATION, a Hawaii corporation, hereinafter
referred to at times as "WHITE HAT", whose principal place of business and mailing address is 130
Kailua Avenue, Suite 110, Kailua, Hawaii 96734, and the COUNTY OF HAWAII, hereinafter
referred to at times as "COUNTY", whose principal place of business and mailing address is 25
Aupuni Street, Hilo, Hawaii 96720.
2001224.1.037056-2 EXHIBIT C
WHEREAS, WHITE HAT owns approximately 22.938 acres of land at Makaula,
North Kona, Hawaii, covered by tax map key (3) 7-3-03:Portions of 7 & 17 (Lot 2), hereinafter
referred to as the Property; and
WHEREAS, on December 29, 1993, Change of Zone Ordinance No. 93-131 became
effective and included the conditions of approval for the Single Family Residential (RS) rezoning
of the Property;
WHEREAS, WHITE HAT, the owner of the land subject to Ordinance No. 93-131
desires to develop on the Property a 50 unit residential for sale project consistent with Single Family
Residential (RS) zoning; and
WHEREAS, Condition L of Change of Zone Ordinance No. 93-131 for the Property
requires that WHITE HAT work with the Office of Housing and Community Development and the
Planning Department to formulate a housing plan for the development to assure it addresses the
affordable housing needs of the community; and
WHEREAS, Condition L of Change of Zone Ordinance No. 93-131 for the Property
further requires that this housing plan "shall be consistent with the housing policy of the County
Housing Agency"; and
WHEREAS, in addition to completing a prior affordable housing marketing plan for
the project pursuant to the requirements ofthe State Housing Finance and Development Corporation,
WHITE HAT has evaluated the various options available to satisfy the affordable housing goals and
policies of the County of Hawaii for the Property; and
NOW, THEREFORE, in consideration of the mutual covenants in this Agreement,
the parties hereby agree that the requirements of Condition L of Ordinance No. 93-131, Resolution
No. 34-97 (Draft 2) and Resolution No. 38-97 for the Property shall be fully satisfied pursuant to the
following terms and conditions herein.
A. AFFORDABLE SALES UNITS
1. WHITE HAT shall offer for sale 50 single family detached units
affordable to families earning up to 140% of the median family
income for the County of Hawaii pursuant to the terms herein. These
units shall sell from $139,900.00 for an approximately 560 square
2
2001224.1.037056-2
e
foot, 2 bedroom, 1 bath home, up to a maximum of $175,500.00
(140% of median income for family of 4), for an approximately 960
square foot 3 bedrooms, 1 bath home.
2. If WHITE HAT is able to obtain long term fixed rate financing
available to the affordable housing target group purchasers which is
lower than eight percent (8%) per annum, the affordable sales prices
stated herein shall be adjusted to increase the then prevailing
affordable sales prices for that financing category utilized by the State
Housing Finance and Development Corporation, the Office of
Housing and Community Development and the County Housing
Agency of the County of Hawaii. Any sales price increase pursuant
to this provision shall be approved by the Office of Housing and
Community Development prior to implementation.
B. AFFORDABLE HOUSING CREDITS
1. In consideration of the mutual covenants in this Agreement, and
pursuant to County Council Resolution No. 34-97 (Draft 2) and
Resolution No. 38-97, the parties hereby agree that upon the
development and offer for sale of the affordable units as described
herein, the developer WHITE HAT shall be awarded a total of 50
affordable housing credits. Five (5) of these credits shall be used to
satisfy in full the requirements of Condition L of Ordinance No.
93-131.
2. The developer WHITE HAT shall receive additional bonus credits
only for those affordable units actually placed under contract with
affordable housing target group purchasers pursuant to the sales
program herein in the "80% and below" and "110% and below" of
median income affordable housing categories as shown below. The
developer WHITE HAT may utilize any combination of bonus credits
and/or standard affordable housing unit counts to satisfy the
3
2001224.1.037056-2
requirements herein so long as the minimum unit count equals 5
affordable housing units.
Number Number Bonus Total
Required Proposed Difference Credits redits
80% & below 0 0 _ @ 3.0 =
80-110% 0 0 _ @ 1.5 =
120-140% 5 50 45 @ 1.0 = 50
TOTAL 5 50 45 50
3. WHITE HAT may, in full or partial satisfaction of the affordable
housing requirements of Condition L of Ordinance No. 93-131,
utilize affordable housing credits obtained from third parties for
properties within the County of Hawaii's South Kona, North Kona
and/or South Kohala Districts, or a combination thereof. The 45
affordable housing credits, and any bonus credits earned herein may
be transferred to third parties within the County of Hawaii's South
Kona, North Kona and/or South Kohala Districts, or a combination
thereof, subject to the approval of the Office of Housing and
Community Development.
C. SALES PROVISIONS
The developer may commence sales of the units on the Property pursuant to the terms
herein immediately upon execution of this Agreement by all parties herein. In the event all
affordable units are not sold to qualified purchasers within the "120% and below median income"
group after the first 30 calendar days from the initial newspaper publication date of the sales
advertisement for the affordable units, and provided that WHITE HAT has made a sincere and
earnest effort to advertise and publicize the availability of the affordable units, the sale of the
remaining affordable units shall be conducted in accordance with the following procedure:
1. For the next 30 calendar day period, any "120% and below median
income" affordable units remaining unsold shall be offered for sale
at the sales price of $139,900.00 to the families in the next higher
(140% and below median income) preference group. For example,
4
2001224.1.037056-2
units targeted for families earning up to 120% of the azea median
income may be sold on the preferential basis to families earning up
to 140% of the median income. The developer WHITE HAT shall
receive 1.5 bonus credits for those affordable units actually placed
under contract with affordable housing tazget group purchasers
pursuant to the sales program herein in the "110% and below of
median income" affordable housing category.
2. For a subsequent 15 calendaz day period, any remaining affordable
units shall be offered for sale to families without regard to their
median income, however, all other affordable housing eligibility
criteria shall apply, and in this event, the developer shall still receive
credit for producing an affordable unit.
3 For the above 15 calendaz day period, any remaining affordable units
shall be offered for sale at the price ranges specified in paragraph
A.(1) above to the COUNTY. This requirement may be waived by
the COUNTY at any time.
4. If the COUNTY does not exercise the right to purchase, and after
expiration of the above sales period(s), the units maybe offered for
sale without regazd to (1) income, (2) ownership of other residential
real estate, (3) owner-occupancy, and (4) price range. In this event,
the developer shall not receive credit for producing an affordable unit
for those units sold free of the affordable housing eligibility criteria.
D. RECREATIONAL ASSESSMENT
Pursuant to Resolution No. 34-97 (Draft 2) the developer has agreed to contribute the
sum of $62,500.00 or the equivalent value in real property and/or improvements to address the
recreational needs caused by the Project. The developer shall satisfy this provision by the payment
of cash, dedication of real property and/or improvements, or any combination thereof subject to the
approval of the Office of Housing and Community Development, prior to occupancy of the first
affordable unit on the Property.
5
2001224.1.037056-2
E. GENERAL PROVISIONS
1. Upon approval and execution of this Agreement by all parties hereto,
the COUNTY shall approve the development budget and other related
documents for the Project. Upon written approval of the County,
WHITE HAT may immediately apply for the applicable development
and building permit(s) to construct the project on the Property.
2. The developer shall provide assurances acceptable to the Office of
Housing and Community Development that the developer will be
responsible For the monitoring and inspection of the construction for
all affordable housing units of the project for workmanship and
compliance with plans and specifications. The developer shall submit
an independently prepazed cost certification for the Project for
approval by the Office of Housing and Community Development.
3. The developer may explore the potential for obtaining Hula Mae and
other federally assisted financing for the affordable housing units.
4. This Agreement shall be filed by WHITE HAT with the Land Court
of the State of Hawaii or the Bureau of Conveyances of the State of
Hawaii, whichever is applicable, and shall be noted on the Transfer
Certificate of Title and Certificate of Title for the Property, if
applicable. Full compliance with this Agreement shall not occur until
a1150 affordable units in the Property aze offered for sale pursuant to
the terms and conditions herein. Upon determination of full
compliance, a release of this Agreement shall be executed by the
parties hereto and filed and noted with the Land Court or Bureau of
Conveyances, as applicable.
5. Neither this Agreement nor any provisions hereof maybe amended,
waived, dischazged, or terminated, orally or in any manner other than
by an instrument in writing signed by the parties hereto, or their
respective successors and assigns.
6
2001224.1.037056-2
6. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns. The parties
agree to execute whatever other documents aze necessary to effectuate
and cant' out the intent of this Agreement.
IN WITNESS WHEREOF, the parties have executed these presents on the day and
yeaz first above written.
RECOMMEND APPROVAL: COUNTY OF HAWAII, a municipal
corporation
~J i
sing Administrator By
Office of Housing 'a/ILLIAM G. DAVI
Community Development Its A48yA~AC1i,lG MAVCt7
APPROVED AS TO FORM AND
LEGALITY: WHITE HAT DEVELOPMENT
CORPORATION, a Hawaii corporation
Deputy Corporation Counsel By
County of Hawaii Its vl L~ ~Pln~
Date: 3 - I S- `f 7
7
2001224.1.037056-2
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this day o , 1995, before me personally appeaeed
STEPHEN K. YAMASHIRO, to me pe onally known, who, being by me duly sworn, did say that
he is the Mayor of the County of Hawaii, municipal corporation of the State of Hawaii; that the
seal affixed to the foregoing instrument is a corporate seal of said County of Hawaii; that the
foregoing instrument was signed and sealed i behalf of the County of Hawaii by authority given
to said Mayor of the County of Hawaii by Sectio -1.3(g) of the County Charter, County ofHawaii
(1991), as amended; and said STEPHEN K. Y HIRO acknowledged said instrument to be the
free act and deed of said County of Hawaii.
Notary blic State of Hawaii
My commiss n expires:
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of \1~ 1997, before me personally appeared
' ~ , to me personally known, who, being by me duly sworn, did say that he
is the of WHITE HAT DEVELOPMENT CORPORATION, a Hawaii
corporation, that the foregoing instrument was signed on behalf of said corporation by authority of
its Board of Directors, and said officer acknowledged said instrument to be the free act and deed of
said corporation.
C~~~un,.~o S .
Notary Public, State of Hawaii
My commission expires: ~
8
2001224.1.037056-2
9cNT.SX~Xorox Tolocopter 7821 ; 3-27-97:2=7TPM ; L~ 8089818822;# 2
C.OAI'OBA~'E IIE90LT,1'TL~N
f]+eud ~t 7arvir, ?teddaas o! W3~1TT3C 3iAT 33~V3~II.03!Ad7i:D~'Y" CO3if•, :
Hawaii agrporation, ~~Y aehlQ'that tlu ~a~ioa ~ a ave and eoeed raPY of a rtanahttion
da{y adppad by tba Board aiS7lraeeeeti efaaid (bepeeaNoe oa fhe >j~ ~W of 0
3996, at wh9oh a gaatom was pewttt aad ~ 6n~oop and 8nt add zisoltttlem has aof bay
madi$d. ata~d.d orrsaeladed ®d'eetitleauea to alt iota, iwd .l9~
'~90LY~ ~ iVd.LL~M G 3~ltl~ is the 3)heotnr anhadaed aad .
sppoioEsd en blduli of tha Caepeattlee.lo ri~ ery aad all daeam~ sad ~v®maatal
appliagims re(atad to dse darelap®etd rod maodtstiap ofLiNiY3~i1TY 333~SC~11r ~9T.
sod io tmaiva aeevier of air lwihlpemra c toy aom-ertmiaal peoeredia4 aMaini tmdar Ifavesil ,
Ravirad Stamret Clue i14 ralaFad m the asns.
lid WPTf~SC 4V8ffi18O1?, 3 have ksaruem swbsembad atY a~at;sa sAd Itlllto~d
ma IeKI Of Iaid CO3DOZ8d013 t11L day Of _ X102' .1996,
i
t
A. JirA .
I
I
F
03/22/97 14:25 TX/RX N0.3635 P.002
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this Z~~ day of M 19~, before
me personally appeared WILLIAM G. DAVIS, to me personally
known, who, being by me duly sworn, did say that he is the
Acting Mayor of the County of Hawaii, a municipal corporation
of the State of Hawaii; that the seal affixed to the foregoing
instrument is the corporate seal of the said County of Hawaii;
that the foregoing instrument was signed and sealed in behalf
of the County of Hawaii by authority given to said Acting Mayor
of the County of Hawaii by Section 5-1.5 of the County Charter,
County of Hawaii (1991), as amended; and said WILLIAM G. DAVIS
acknowledged said instrument to be the free act and deed of
said County of Hawaii.
~
Notary Public, State of Hawaii
My commission expires: ~1 I t ~9~
r~ VI~R~
~s
~ ~o1a~r
9T` P
~ OF ~
Ntv or ,yb
Stephen K. Yamashiro
Mayor
iy . e••
1rF O~.N'.1~
~II1tTI~~I II~ ~M~1T2CTt
OFFICE OF HOUSING AND
COMMUNITY DEVELOPMENT
50 Wailuku Drive • Hilo, Hawaii 98720-2484
V(IT (808) 9fi1-8379 • FAX (808) 9fi1-8685
September 4, 1997
Steven S. C. Lim
CARLSMITH BALL WICHMAN CASE & ICHIKI
P. O. Box 686
Hilo, Hawaii 96721-0686
Subject: White Hat Development
University Heights Weat Project
TMIC: 3/7-3-03: Portions of lots 7 & 17
The Office of Housing and Community Development (OHCD)
acknowledges receipt of your letter dated August 27, 1997,
requesting that the County of Hawaii release the University
Heights West project (UHW) from the Affordable Housing Agreement
(AHA).
Please note that the OHCD did not receive any notification as to
which units were or would be available for purchase. However, as
the County does not have the resources to purchase units at this
time, the OHCD will not pursue this issue.
The OHCD hereby acknowledge that pursuant to section "C. SALES
PROVISIONS, 4." the developer, WHITE HAT, may offer the units for
sale without regard to income, ownership of property, owner-
occupancy and price restrictions, and, therefore, WHITE HAT shall
not receive affordable housing credits for units sold without
restrictions after this date.
The OHCD will forward the RELEASE enclosed in your letter for
approval and execution.
Please note that the OHCD will not issue any affordable housing
credits until the sales of the units have been closed and the
OHCD has been able to verify that the buyers have met income and
other criteria, according to the AHA.
EOUAL HOUSING OPPOFiTLNITY
•AN EOUAL OPPORTUNTV EAMLOYER'
EXHIBIT D
Steven S. C. Lim
September 4, 1997
Page 2
Further, this is to inform White Hat that pursuant to ACT 299,
HRS §201E-61, Owner-occupancy requirement, and §201E-221, Real
property; restrictions oa transfer; waiver of restrictions have
been reduced from a ten (10) year to three (3) year period.
Please notify the affected buyers and adjust your documentation
accordingly.
Please call us at 808/961-8379 if you have any questions or need
additional information. Thank you.
~w~
r~
Assistant Housing Administrator
xc: Stephen K. Yamashiro, Mayor
A. Scott Leithead, Esquire
William Boyle, White Hat
2893D.EST
~ R-536
~ STATE OF HAWAII
BUREAU O1•' CONVEYANCES
RECORDED
SEP 22, 1997 11:30 AM
Doc No(s) 97-127430
/s/CARL T. WATANABE
ACTING
REGISTRAR OF CONVEYANCE$~
LAND COURT SYSTEM ~ REGULAR SYSTEM
Return by: MAIL (X) PICKUP ( ) TO:
STEVEN S. C. LIM Total Pages: 3
Carlsmith Ball Wichman Case & Ichiki
121 Waianuenue Avenue
Hilo, Hawaii 96720
TAX MAP KEY (3) 7-3-03:PORTIONS OF 7 AND 17 (LOT 2)
RELEASE
KNOW ALL MEN BY THESE PRESENTS that the COUNTY OF HAWAII, a
municipal corporation of the State of Hawaii, herein referred to at times as "Releasor",
whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii
96720, having received full payment and satisfaction of all obligations mentioned in and
secured by that certain Agreement dated March 21, 1997, recorded May 7, 1997, at the
Bureau of Conveyances of the State of Hawaii, as Document No. 97-059495, made by and
between the Releasor and WHITE HAT DEVELOPMENT CORPORATION, a Hawaii
2002209.1.037056-1
EXHIBIT E
.
corporation, herein referred to as "Releasee", whose principal place of business and mailing
address is 130 Kailua Road, Suite 110, Kailua, Hawaii 96734; the Releasor does hereby
cancel, release and dischazge Releasee from any and al] obligations and duties arising under
said Agreement, and does hereby release and forever quitclaim unto said Releasee, its heirs,
executors, administrators and assigns, all right, title and interest the Releasor may have
acquired up to the date of this Release in and to the real property therein described as a result
of said Agreement.
IN WITNESS WHEREOF said COUNTY OF HAWAII, has caused this
instrument to be executed and effective as of the 1`l~' day of S~ Q,, ,
1997.
RECOMMEND APPROVAL: COUNTY OF HAWAII,
a municipal corporation
sing Administrator
Office of Housing and Community By: ~ ~ ~ ~ti`~u'
Development TEPHEN~K. YAMASHIRO
County of Hawaii Its Mayor
Dated: e~~/G/97
APPROVED AS TO FORM AND
LEGALITY:
eputy Corporation Counsel
County of Hapwaii
Dated: / - ' q ~
2
2002209.1.037056-t
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this ~~-day of sue, 1997, before me personally appeared STEPHEN K.
YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the
Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal
affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the
foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority
given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter,
County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged
said instrument to be the free act and deed of said County of Hawaii.
Notary PubIT State of Hawaii
My commission expires: a-~ 16/aoo I
~.S .
3
2002209.1.037056-I