HomeMy WebLinkAboutRES 215-94 Draft 1 Ouli 'EkahiCOUNTY OF HAWAII' aSTATE OF HAWAII
RESOLUTION N0. 229 94
DRAFT 2)
RESOLUTION AUTHORIZING NEGOTIATION AND EXECUTION OF AN AGREEMENT TO
PURCHASE A 4.75-ACRE PARCEL FROM OULI HAWAII PROPERTIES LIMITED
PARTNERSHIP TO DEVELOP THE PROPOSED OULI EKAHI AFFORDABLE HOUSING
PROJECT.
WHEREAS, Ouli Hawaii Properties Limited Partnership
hereinafter "OHPLP"), a Hawaii limited partnership, is the owner of
4.75 acres of land at Ouli, South Kohala, Hawaii, identified as
TMK: 6-2-01: Por. 74 (the subject property); and
WHEREAS, on July 28, 1993, the County Council adopted
Resolution No. 84-93, approving the exemption of a 15-acre portion
of the Ouli Golf Community from certain zoning, subdivision and
roadway codes and requirements; and
WHEREAS, on November 17, 1993, the County Council adopted
Resolution No. 133-93, approving exemptions to allow the subdivision
of the Ouli Golf Community parcel into three (3) lots; and
WHEREAS, by virtue of Chapter 46-15.1, Hawaii Revised
Statutes, (HRS) as amended, and by the regulations related thereto,
the County is empowered to develop real property, either by itself,
on behalf of the State of Hawaii, or in partnership with qualified
developers or contractors; and
WHEREAS, by virtue of 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 Hawaii County Housing Agency finds that
adequate housing accomodations are not available in the Ouli area;
and
WHEREAS, by virtue of Chapter 2, Article 13, Section 2-68,
of the Hawaii County Code of the County of Hawaii, the Hawaii County -
Housing Agency is empowered to appropriate moneys out of the County -
to carry out the purposes of this Article; and
WHEREAS, by virtue of Chapter 2, Article 13, Section 2-70,
of the Hawaii County Code of the County of Hawaii, the Housing
Administrator is empowered to acquire and utilize public and private
lands for the purposes of this section; and
WHEREAS, the County has or is in the process of
transferring $550,000 of unencumbered funds appropriated for the
Waikoloa Village affordable housing project revolving fund account
to the Ouli Ekahi project revolving fund account for the purchase of
the subject property; and
WHEREAS, the County hereby acknowledges that (1) the Ouli
Ekahi Limited Partnership (hereinafter "OELP") is an acceptable and
qualified partner in satisfaction of the requirements of
Chapter 201E of the HRS; and (2) the Ouli area is a good and proper
choice for housing development and construction; and
WHEREAS, the County desires to use its funds to provide
decent, safe and sanitary housing to qualified families; and
WHEREAS, the County and the OELP mutually desire to combine
resources to develop an affordable rental complex for families with
income levels of 60 percent (60$) and below of the median family
income for the County of Hawaii.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that the Mayor of the County of Hawaii or his duly
authorized representative is hereby authorized to negotiate and
execute an agreement with Ouli Hawaii Properties Limited Partnership
to purchase approximately 4.75 acres of land to develop the Ouli
Ekahi affordable housing project.
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 acquire the subject parcel.
BE IT FURTHER RESOLVED that instructions to Escrow shall
include a provision that no County funds shall be released until
documentation and interim financing sufficient to complete the
project shall have been executed and delivered to Escrow.
BE IT FURTHER RESOLVED that copies of this resolution be
transmitted to the Department of Finance, the Office of Housing and -
Community Development, and the Ouli Ekahi Limited Partnership. -
funding.
This resolution shall take effect upon the availability of
Dated at Hilo, Hawaii, this 11th
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by the
wte indicated to the right hereof adopted by the COUNCIL of
the County of Hawaii on Mav 11 , 1994 ,
ATTEST:
COU CLr RK CHAIRMAN & PRESIDING OFFICER
1
of Mav 1994.
MEMBER, COUNTY OF HAWAII
ROLL CALL VOTE
AYES NOES ABS EX
Reference
RESOLUTION NO. 'Z29 9~ ~ DRAFT 2 )