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The Ko’olau Lon Sustainable Communities Plan seeks to maintain and enhance the region’s ability to sustain its unique character, current population, growing families, lifestyle, and economic livelihood, We understand the important role Turtle Bay Resort plays as a gathering place and major source of jobs for Ko’olau Loa arid North Shore residents. We, the undersigned, support Turtle Bay’s position concerning the Ko’olau Lon Sustainable Communities Plan, as described in the attached letter from Jerry Gibson, vice president of the resort.
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Fax: 8449C60682 i2212021 14:40:35 NSF to: 18087883828 Page: 11130 From: WCITArchitecture Inc. Fax: 8449860882
E)e TURTLEBAY November 18, 2020
Chair Emeritus Mcnor, Vice Chair Waters and Members of the Committee on Zoning, Planning and Housing City and County of Honolulu 530 South King Street, #202 Honolulu, Hawaii 96813
RE: Bill 79 (2020) -- Revised Koolau Loa Sustainable Communities Plan Meeting of Committee on Zoning, Planning and Housing Hearing Date and Time: November 19, 2020 at 9:00 a.m. Position; Support
Aloha Chair Emeritus Menor, Vice Chair Waters and Members of the Committee:
Turtle Bay Resort (“TBR”) supports Bill 79 (2020) with the incorporation of the proposed amendments contained in Council Communication 310 as those proposed amendments relate to Sections 381, 3.8.1.1 and 3.8.1.2 of the Ko’olau Loa Sustainable Communities Plan dated December 2012 (“SCP”) attached to Bill 79 (2020).
In the text of Section 3.8.1 of the SCP, as amended by Council Communication 3tO, reference is made to the “unprecedented conservation alternative to the plans tbr ulill development”. More specifically, the proposed text of Section 3.8.1 describes the contributions toward community benefit by the themowner of TBR. These contributions represent forfeiture in perpetuity of development of over 620 acres of land, or almost 66 2/3% of the total TBR property, by the owner of TBR. These contributions arc shown bclow:
1. Transfer of fee title to approximately 53 acres at Kawela Bay to the State of Hawaii, which was then leased back to the owner of the TBR for a term of 65 years. 2. Transfer of fee title to approximately 7.6 acres, also at Kawela Bay, to the City and County of Honolulu, which is currently managed by the owner of TRW 3. Encumbrance of approximately 568 acres of the ThR property with a conservation easement that prohibits development in perpetuity.
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2323607_I 1122/2021 14:40:35 lIST To: 18087683826 Page: 12/30 From: WCITArchitecture Inc. Fax: 8449660882
ChairEmeritus Menor, Vice Chair Waters and Members of the Committee on Zoning, Planning and Housing City and County of Honolulu November 18, 2020 Page 2
These community contributions by the owner of TBR are described (highlighted in TAB 1) in greater detail in portions (pages 2, 3, 4, 5 ,6, 7) of the Deed of Conservation Easement and Restriction of DevelopmentRights recorded inthe State of Hawaii Bureauof Conveyances on October23, 2015 (TAB 2).
Thank you very much for considering our request.
Aloha,
Jerry Gibson Vice President, Turtle Bay Resort
Enclosures
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TAB1 112212021 14:40:35 HST To: 18087883828 Page: 14130 From: WCITArchitecture Inc. Fax: 8449880882
For the past several years, significant strides in terms of land conservation, public access and community outreach have been made by the owners of the Turtle flay Resort (the “Resort”). These efforts were initiated by the Resort’s Immediate prior owner, Turtle Bay Resort, LLC,and have been continued and enhanced by the resort’s current owner, fiRETurtle flay Resort LLC,
1. MA1(RlCONSERVATIONEASEMENT.
In October 2015, the Resort owner consummated a series of related real estate transactions with the State of Hawaii (the “State”), the Cityand County of Honolulu (the “City”),Trust for Publlc Land (TPL”), and North Shore Community LandTrust (“NSCLT”).Generailyspeaking, there were three transactions:
a. The sale to the State of a conservation easement (the “Makai CE”)covering approximately 568 acres of the Turtle flay Resorl.campus, restricting future development;
b. The sale to the State of the fee simple interest In approximately 53 acres of land at Kawela Bay, followed by a lease of such land back to the Resort owner for a period of 65-yeais; the lease allows the continued use of the land for passive recreation activities, while restricting future development and
c. The sale to the Cityof the fee simple interest in approximately 7.6 acres of land at KawelaBay,which land is adjacent to a 5-acre parcel that is to be dedicated to the CItyas a future public park
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These three transactions have had and conlinue to have a profound and long-term effect on the future of Turtle Bay Resort and the North Shore of Oahu, including a perpetual commitment by the Resort owner to:
i. Forego the opportunitytodeveiop over 620 acres of land, preserving such land as open space in perpetuity;
ii. Establish public access trails throughout the resort campus, including approximately 5-miles of slioreliiie access (including Kawela Bay), and approximately 8-miles of trail systems for hiking;
ill. Establish meaningful public parking at alltimes;
iv. Establish golfingprivileges for the Kahuku HighSchool GolfTeam at both the Turtle Bay Fazlo and Palmer courses, during the CIAgolf season, at no charge; and
v. Maintain the abilityto develop a limited portion of the resort campus, thereby preservingthe potential to create construction reiated jobs; permanent jobs on the resort campus; and permanent jobs within the community related directly and indirectly to the de’ielopment.
2. MAUKACONSERVATIONEASEMENT.
a, Agricultural and Scenic Preservation. In April 2016, the Resort owner’s affiliate consummated another real estate transaction, this time with TPL,the Cityand NSCLT.This transaction involved the sale of a conservation easement (the “Mauka CE”)covering over468 acres of land on the mauka side of Kamehameha Highway across from Turtle Bay Resort, commonly referred to as the “Turtle Bay Mauka Lands”. The Mauka CEfocused on prolecting the agricultural viability and the scenic rural viewshed of the Turtle BayMauka Landsfrom Kamehameha Highway. The Mauka CEestablished an impervious surface limitation of not more than 6% of the land area, prohIbiting, among other things, (I)the subdivision of the Turtle Bay Mauka Lands for the purpose of conveying separate parceis, (ii) any structure or Improvements above 50’ Inheight; (iii)mining; (iv)bug-term waste disposal; and (v) zone changes.
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b. Laulima Gardens, in September 2019, in accordance with the terms of the Mauka CE,the owner of the Turtle Bay Mauka Lands established Lauiima Gdrdens — a community garden whose purpose is to promote agriculture and provide ccrnniunfty members with an opportunity to build relationships through gardening. The Laulima Gardens currently consists of fifteen garden plots of 500 square feet (10’xSO’)each. A lottery was held to select 10 North Shore and Ko’oiauioa residents, and 10 Resort employees to become the caretakers of their own garden plots. If there is sufficient demand, an additional fifteen garden plots of 500 square feet willbe added next year.
c, Pono Pacific Land Mn?Ement. In order to ensure appropriate oversight and management of the Turtle Bay Mauka Lands, the owner retained the services of Pono PacificLand Management, LLC, a local company with expertise in providing cost-effective natural resource management services. Pono Pacific is responsible for, among other things, ensuring compliance with the terms and conditions of the Mauka CE; managing the Lauiima Gardens; managing the existing farm operations on the Turtle Bay Mauka Lands; and producing a long-range master plan for this property.
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3. OTHERCOMMUNITYOUTREACH.
in addition to the significant strides made in land conservation and public access, the Resort owner continues to engage in meaningful forms of communltVoutreach.
a. Turtle 13ev foundatIon. The Turtle Bay Foundation is a Hawaii nonprofit, tax-exempt corporation, established In 2012. its mission Is to enrich the communities of Oahu’s North Shore and Ko’olauloa region by providing education scholarships for deserving youth; job training opportunities for adults; and grants for environmental stewardship, historic and cultural preservation, healthy living through sports and recreation, and health care programs for aging residents, homeless, and substance abuse recovery. The Turtle BayFoundation has given nearly $630,000 and countless service hours to support residents in need and to protect the wild lands and native species on the North Shore. Beneficiaries of the Foundation’s giving include but are not limited to NSCLT,Kupu, Friends of Kahuku Library, Walalua Robotics Program, I-ialeiwa Main Street, Hawai’l Marine Mammal Alliance and Sustainable Coastlines, and over 50 of Gahu’selementary, intermediate and high schools.
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Li. North Shore Community LandTrust. The Resort owner also continues to work with and support NSCLTon periodic conservation activities on Turtle BayResort lands, in 2017, the owner granted NSCLT a license to store a 20-foot storage container on the resort lands, for storage of equipment, supplies, and related materials for NSCLT’srestoration work at KahukuPoint.
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c. The Eddie. The Resort owner has also become a sponsor of the annual big wave surf contest at Waimea Bay known as “The Waimea Bay EDDIEAIKAU Rig Wave Invitational Surf Contest in Memory of IGWAY1EflIThtOKU Eddie Aikau”. The Eddie Isthe premier event in the sport of surfing,and celebrates the legend of Eddie Aikau, a championship athlete, waterman, and the first lifeguard for the North Shore. The Resort4s sponsorship has included a generous cash donation to support the event; hosting a welcoming ceremony and registration forthe contestants;free sweatshirts, reusable water bottles and discounted room rates for all contestants; and overall promotion of this world renown surfcontest.
4
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d. North Shore Ocean Education Coalition. The Resort owner Ispart of the North Shore Ocean Education Coalition, whose members also include The National Ilunipback Whale Marine Sanctuary, HawaIi Marine Animal Response, Malama Pupukea-Walmea, Dolphin Quest, KokuaHawaii Foundation, Windward Community College and I-iui0 llauula. The mission of this coalition is to increase awareness and knowledge about the ocean, marine life,and ecosystems Inorder to protect, restore, and manage the use of ocean resources and Inspire local and global conservation. Once each year the coalition sponsors the North Shore Ocean Fest, an event that features top ocean educators, film,ocean crafts, hula and other activities. In 2019, this free community event was hosted at the Resort.
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a Makahild ICuiIlma.The Resort owner is also a proud host and supporter of the
Makahlki
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DOUBLESYSTEM1
STATEOFHAWAII STATEOFHAWAII 8UREAUOFCONVEYANCES ASSISTANTREUISTRAR OFFiCEor HECORDEU RECORIJEG October23,201 0:01AM Octotar2a, 20158:01 AM DoeNo(s)A—57740339 DonNo(s)T—942603 on Gail(s) 1013390 Issuance at Gait(s)
l.t NICKIANNTHOMPSON let UtCXIANNTHOMPSON OCGISTMH ASSIStANTHEOISTHAB H IN te8 30/al KHDZ ISE 29131 X1132 8—32710081 B—32710187
LANDCOURT REGULAR SYSTEM AFTER RECORDATION,RETURNBY: I\AftX) PICKUP Ds TOOK 201440975—S Ve MS. SUZEZB CASE 7GS 210-1506 VAUXiO DEPT OF LND & 1IATURZL R7SOUROBd BARET1fl 1151 PUNCIIDOWT4ST I{ONoIaYtU, HZ 96913 This document consists of 1€ages. TITLEOF DOCUMENT:
DEEDOF CONSERVATIONEASEMENTAND RESTRICTIONOF DEVELOPMENT RIGHTS
PARTIESTO DOCUMENT;
Owner: TurtleBayResort,LIt, a Delawarefoiledliabilitycompany57-1191KameliamehaHighway,Kahuku, Hawaii96731 Holder; TheState o[Hawi, throughItsBoardofLandandNaturalResources,KalantmokuBuilding,1151 PunobbowlStreet,Honolulu,Hawaii96813 -
l..ODNo. 29126 TAX MAP KEYS: (1)5-7-001; (por.) 001, (por.) 010, (por.) 017, (por.) 020, (por.) 022, (poT.)033; (1) 5-7-006: POEt CDI, (por.) 002; (1) 5-6-003:
. 033, 40, (por.) 04!, (por.) 042, 044 050
fltIM. AffSt’O. i)spcdmenl rAr*o Aflame)’Gg,wguI EXECUTION COPY ______
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DEEDOF CONSERVATIONEASEMENTAfl RESTRICTION OF DEVELOPMENT RIGHTS
ThisDeed of Grant of Conservation Easement and Restriction of Development Rights (this ‘Easement’) is entered Intoas of this day of OCT2 8 2MS 2015 (the “EffectiSieDate’), by and between Turtle Bay Resort, LLC, a Delaware limitedliabilitycompany, whose principalplace of business and maiiin address Is 57- 091 Kamehameha Highway, Rahuku, l-lawal’i96731 C’Dwneri, and the State of Hawal’i,through its Board of Land and Natural Resources, whose principalplace of 2 business and maiIin address is Kalanimolcu Building, 1151 Punchbowi Street, Honolulu,Hawaii96813 ç’Holder)(each, a “Party”,and together the “Parties”).
RECITALS
I. Structure of this Conservation Easement and Initial Definitions
A. Owner is the fee owner of certain parcels of land located in the Cityand County of Honolulu (the “City”),Ko’olauloa District, island of Oahu, Hawaii, as described more specificallyin Exhibit A attached hereto, and depicted on the map attached as ExhibIt B hereto (the “Easement Area’).
B. Holder desires to obtain from Owner, and Owner desires to grant to Holder, a conservation easement over the Easement Area upon and subject to the terms and conditionsof this Easement.
C. ThisEasement Includesthree main parts: (1) the Recitals,whichprovidea general descriptionof the Easement flea and its important Conservation Values, the surrounding area, and the existing zoning and other land use rlghs and restrictIons affecting the Easement Area; (2) the Covenants and RestrictIons,which describe the respective rights and obligations of Owner and Holder; and (3) the Exhibits, which identitythe Easement Area.
D. Other capitalized terms used in this Easement are either defined when they firstappear in this Easernont or may be found Inthe Glossary, located in Section L of the Covenantsand Restrictions.
II. Identification of the Easement Area
A. General Easement Area Locationand Description. The Easement Area consists of approximately568.417 acres of land located on the north shorefwindward coast of the Island of Oahu, with an elevation range ranging between C and 24 feet above sea level.The Easement Area contains three (3) distinctzones: the Preservation Zone, the Recreation Zone, and the Open Space Zone, described in greater detail In SectionA ofthe Covenants and Restrictions.
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ft oiwi sit* The Saseline bocunientation consists of a descriptive report of resources found in the Easement Area, title reports for the subject parcels, maps, photographs and other documentation,and is maintained byHolder. Owner and Holder have agreed that the Baseline Documentationprovides a comprehensive and accurate representation of the Casement Area and its resources as of the EffectiveDate, fifl tjetQ& eforjnflqjatbaøj’flt
C. importanceof Easement Area for ConservationValues. The Easement Area contains important natural habitat, coastal and inland ecosystems, recreational, research,,and educational values, and open space (collectively,the ‘Conservation Values”) of tntetst tob4hrQb INs.
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2. Recreational, Research, and Educational Values. The Easement Area’s recreational,research, and educationalvalues contributeto the overall access to recreational opportunitiesin the State and to the availabilityof locations and land types needed to expandthe knowledgebase on Hawaiianecosystems, geologic features, and historic land use practices wangmwamM.)t 4$tii, fl’43t*fl
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0. Importance of Easenwnt Area for MilitaryEu(far,The Easement Area Is located in close proximityto and north of the United States Army’s (“U.S. Armf) KahukuTrainingArea (“KTN) and seives as an importantmilitarybuffer. KTAIs a joint- use facilitywith(ho cupabilfty to ham approximately3,000 to 5,000 6oldiers,or one lull brigade. Atmore than 9,000 acres, it is one of the largest trainingareas on O’ahu.The landscape at KrA is an evolvingone, as the training area has been in a state of transformationfor nearly the past 10-years. The ama includes a now CombinedArms CollectiveTrainingFacility,a cargo drop zone and tacticalvehiclewash. Currantly,KTA is the- site of several projects necessary for the tsaiisfounatiuiiof the 25th hiIaidiy SflflanDivision’s2nd Brigade to a StryxerBrigade Combat Team ett1Mynissmejlt Ill. History of Land Lises in 11wFasement .Ai-eaand Surroundin Areas
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The existing Turtle Bay Resort structures are not located withinthe Easement Area, but the two golfcourses are included in the Easement Area. Also located within Easement Area, and adjacent to the Palmer GolfCourse, is the Punaho’olapa Maish, a spring fed wetlandof approximately100 acres.
The followingstructures and improvements, described in greater detail In the Baseline DocumentatIon,are also located in the Easement Area: four (4) bathrooms, two (2) irrigationpump statIons,seven (7) maintenancefsupportstructures at the Palmer Maintenance Yard, four (4) maintenance/support structures at the Fazio Maintenance Yard,and one (I) historicpiliboxbunker,
hinniedhitelyadjacent to the Easument Area are the 57-unit Ocean Villasand the 368-unit KulhimaEstates, both of which are privately owned condominium projects. Located across the street from the Turtle Bay Resort, on the mauka side of Kameharneha Highway,are the lands commonlyreferred to as the “TurtleBay Mauka Lands” whichconsist of approximately4fl8 acres ofagriculturalland.
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IV,Land Use, Environmental and PlanriinqPdhc!es, Laws and Desilnations
A. 14tey nj wa1Wp4)3art (OW
B. HawaiiCoastalZone ManagementAct. The Easement Area is located within the Special Management Area, as defined by the Hawaii Coastal Zone ManagementAct codifiedas HRS Chapter 205k
C. GeneralPlan for the cityend Countyof Honolulu. The General Plan for the City and County of Honolulu (the ‘General Plan”) establishes the objectives of protecting and preservingthe natural cnvhcnment and preserving and enhancing the natural monuments and scenic views ot Oshu for the benefit of both residents and visitors.As of the EffectiveDate, the Cityis currentlyupdatingthe General Plan.
b, Koofuu Lea Sustainabla Cwninunities Plan. The Easement Area lies withinthe Ko’oiauLoa Sustainable CommunitiesPlan (the “Ko’oiauLos Plan”). The Ko’olauLoa Plan providesthat “[olpenspace preservation isa key element ofthe vision for Ko’oiautoe’s future. Long-termprotectionand preservation of scenic resources, aricuItural areas, naturalareas, and recreationalareas are importantto maintainingthe rural character of Ko’olauLoafor both residents and visitors.” See l(o’olauLea Plan at § 3.1. The Ko’olauLoa Plan identifies the Easement Area (referred to therein as “Kuilirna”)as being located withinthe Rural CommunityBoundaryand characterizes It as a “Major Resort Destination”planned for a total of 4,000 visitor units. As of the EffectiveDate, the Cityis currentlyupdatingtin, Ko’olauLoaPlan,
F. City Zoning. The zouiiig districtswithinthe Easement Area include “P-Z” General Preservation, AG-2” General Agriculture,and “Resort”under the Honoiulu Land.Use Ordinance (“LUO”).Permitted uses withinthe P-2,Ac-2, and Resort districts are Identifiedin the Master Use Table of the LUO(Table 21-3).The Master Use Table alco idontifiocother usec that are Dermittedwithinthe P-2. AG-2. and Resort diGtricts, subject to meeting speulficuse deveiujniien standards.
V. Funding Sources for Purchase of this Easement
Fundingforthe purchase of this Easement comes fromAct 121 Session Lawsof HawaiI 2015 (“Act121”). Pursuant to Act 121, reimbursable general obligationbond proceeds wiBbe used by the Department ot Land and Natural Resources to pay (he purchase priceforthis Easement.
4 EXECUTIONCOPY IC0.p&1tmnento1th I \,ucemoY GoPo,Q) 112212021 14:40:35 N$T To: 18081683826 Page: 28130 From: WCXTArchitecture Inc. Fax: 8449860882
Funding for the Purchase of this Easement also comes from ArmyCompatible Use buffer CACUS”)funds. vi.iwttnuaiIoacta
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B. HRS § 1983 provides that any ‘publicbody and any organizationwhich qualities for and holds an Income tax exemption under section 501(c) of the federal internal Revenue Code of 1954, as amended, and whose organizationalpurposes are designed o facilitate the purposes of (IIRO Chapter 108], may acquire and hold conservationeasements by purchase, agreement, donation, devise, or bequest, but not by eminent domain.”Holderis a publicbody qualifiedto hold a conservation easement under HRS § 198-3.
F. In considerationof the foregoing,Holderdesires to purchase from Owner, and Owner desires to sell to Holder,an easement over, upon and across the Easement Area to preserve and protect Conservation Valuesol the Lasernent Area, together with a right to enforce this Easement and the covenants and restrictions herein, subject, however,to the terms and conditionsherein,
NOW,THEREFORE,for good and valuable consideration paid by Holder, the receipt and sufficiencyof whichis acknowledged by Owner, and the foregoing Recitals and mutual covenants terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of Hawah,includingI-IRSChapter lOb, Owner hereby grants, bargains, sells, and conveys to Holder a conservation easement in perpetuity over, upon and across the Easement Area subject onlyto the mutualcovenants, terms, conditions and restrictions contained In this Easement and encumbrances identifiedin Exhibit A.
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4. No activitywhichshall significantly impair or Interfere with the PUpOSb of tlis Easement or the ConservationValues shall be permittedexcept for any Existing Uses (as such term is herein definedin Section 8.1), or as may be otherwise providedin this Easement,
5. SLIbJRCIto the terms of this Easement including confirming consistency with the Purpose and no diminishment of the Conservation Vnluns, tho Podion may modify the zone boundaries by mutual written agreement, as such rnodltlcationmay be necessary to protect or promote Conservation Values between the three resource zones. In such case, the modification shall be documented by Holder and revised map(s) or site plan(s) shall be maintained with the Baseline Docurrientatioia.
B. Rtqfits of Owner
Except as prohibited or ias(rioted by [lie provibtons In Sections 0, 0 and E, Owner reserves all customary rights and privileges of ownership, so long as they are not expressly prohibited by this Easement or inconsistent with the Purpose of this Easement. Owner expressly and specifically reserves the following rights:
I Existing Uses and Activities. The right to engage in any use or activity being conducted on the Easement Area s of the Effective Date or as documented in the Baseline Documentation (collectively, the “Existing Uses”) in substantially the same manner with substantially the same practices that are being employed as of the EffectiveDate, provided that the practice does not impaIrthe ConservatIon Values. In addition to the odutli,g uses dovuineiited iii the Baseline Documentation the Existing Uses include the following: golf course and )‘etated activities; multi-use trails for walking, running and biking; maintenance of all trails and facilities in the Easement Area; weddings and other events; meeting receptions; camping in non-permanent structures with Owner’s permission only for special events; filming; guided and unguided tours; and access to shoreline for coastal activities to the extent permitted by Law, Including, but not hniited to, surfing, fishing, snorkeling, diving, stand-up paddle boarding, paddling, swimming, wildlifewatching, beachcombing, cultural tours, exploring and sunbathing by the guests, vendors, residents and employees of the Turtle Bay Resort. Similar and related uses and activities to the ExistingUses shall also be permitted, provided that such uses and activitiesdo not Impairthe Purpose ofthe Easement or the Conservation Values.
2. EntItlement Compliance. The right to make improvements and to enter into legal arrangements as necessary to comply with the terms of that certain Unilateral Agreement and Declaration for Conditional Zoning, dated September 23, 1968, and
7 EXECUTIONCOPY
-U From: CLK Council Info Sent: Saturday, January 23, 2021 9:20 AM Subject: Council Testimony Written Testimony
Name Barbara George Phone 8086385690 Email [email protected] Meeting Date 01-27-2021 Council/PH Committee Council Agenda Item Bill79 (2020) CD1 Your position on the mailer Support Representing Self Organization Written Testimony STRONGLY SUPPORT!!! Testimony Attachment
Accept Terms and Agreement 1
IP: 192.168.200.67
1 From: CLK Council Info Sent: Saturday, January 23, 2021 4:32 PM Subject: Council Testimony Written Testimony
Name Jessica A dos Santos Phone 8083814069 Email nrtshrIvgmail.com Meeting Date 01-27-2021 Council/PH Council Committee Agenda Item Bill79 CD1 Your position on Support the matter Representing Self Organization Aloha Chair Waters, Vice-Chair Kia’aina and Council Members,
I support Bill79, CD1 for the Ko’olauloa Sustainable Communities
Plan. I support the preservation of the original community growth
boundary. I do not support an increase to the community growth
boundary of La’ie into Malaekahana. I do not support housing
development into Malaekahana. I do not support the transfer of valuable agricultural lands to unsustainable housing developments. Written Furthermore, I would like to urge the Council to enact legislation that Testimony . would ban, or set a moratorium, on further expansion of ecotourism developments, or activities, and any industrial wind turbine projects for reasons such as conserving agricultural lands for food production and addressing the dire need to sustain shoreline protection of our roadways for working families.
Mahalo, Jessica dos Santos Testimony Attachment Accept Terms and Agreement 1
IP: 192.168.200.67
1 PROTECT MALAEKAHANA
January 27, 2021 Aloha Councilmembers,
I’ma longtime resident of Waiale’e, where north shore meets the Ko’olauloa region, writing to urge you to SUPPORT Bill 79 (2020), CDI to adopt the Koolauloa Sustainable Communities Plan, amended by our District 2 Councilmember to ensure that the original Community Growth Boundary is maintained to prevent development in north Laie, better known as Malaekahana.
As stated in the amendments: “The establishment of the Community Growth Boundary is intended to contain development and keep it from spreading into significant agricultural and preservation areas. The need for additional housing in koolauloa willbe met primarily by the “infill”development of existing vacant lands within each of the region’s rural communities.”
With all of the discord in the air these days, it’s frustrating to have to engage in this fight.
Unfortunately, it is all too familiar.
Just as the nation has been roiled by those who sought to overturn a fair election, our region has been torn apart for the past ten years by those who have sought to overturn the results of a process that invited community participation into the setting of priorities in the KSCP.
That process resulted in the vast majority of local residents, community associations, and neighborhood boards expressing a commitment to maintaining existing growth boundaries and restricting unfettered, primarily tourism-related development in the rural region.
It remains true today.
As communities across Hawaii demand a resetting of priorities in the wake of COVID-19, with a focus on local food production, affordable housing, and sustainability, it is incumbent upon us to prohibit development schemes that would reduce agricultural capacities and increase population, tourism, traffic, urban development and stress on already overburdened rural and coastal infrastructure -- the very schemes that have been so aggressively pushed by Laie-based developers for these past many years.
I hope that you will demonstrate your respect for the health and long term sustainability, not to mention peace and security, of our rural communities by supporting Bill79 (2020), CD1.
Mahalo,
Joe Wilson North Shore O’ahu Council District 2 From: CLK Council Info Sent: Sunday, January24, 2021 11:33AM Subject: Council Testimony Written Testimony
Name Lauralee Baoy Phone 8087831036 Email [email protected] Meeting Date 01-27-2021 Council/PH Council Committee Agenda Item Bill79 CD1 position Your Support on the matter Representing Self Organization
I support Bill79, CD1 for the Koolauloa Sustainable Communities
Plan. I support the preservation of the original community growth
boundary. I do not support an increase to the community growth
boundary of La’ie into Malaekahana. I do not support housing
development into Malaekahana. I do not support the transfer of Written valuable agricultural lands to unsustainable housing developments.
Testimony Furthermore, Iwould like to urge the Council to enact legislation that would ban, or set a moratorium, on further expansion of ecotourism developments, or activities, and any industrial wind turbine projects for reasons such as conserving agricultural lands for food production and addressing the dire need to sustain shoreline protection of our roadways for working families. Testimony Attachment Accept Terms and Agreement 1
IP: 192.168.200.67
1 From: CLK Council Info Sent: Sunday, January 24, 2021 3:36 PM Subject: Council Testimony Written Testimony
Name Constance Dela Cruz Phone 8083842371 Email conniedc17gmail.com Meeting Date 01-27-2021 Council/PH Council Committee Agenda Item Bill79 Your position on Support the matter Representing Self Organization
I am in favor of the adoption of Bill79 (2020) CD1 Repeal of the Sustainable Communities Plan for Koolau Loa, Article 7, Chapter 24, Revised Ordinances of Honolulu. Written The bill as amended by Council member Heidi Tsuneyoshi to preserve Testimony community growth boundary established in the original KSCP so that it will prevent massive urban development on the agricultural lands in North Laie, better known as Malaekahana. Mahalo, Constance L. Dela Cruz Testimony Attachment Accept Terms and Agreement 1
IP: 192.168.200.67
1 From: CLK Council Info Sent: Sunday, January 24, 2021 8:45 PM Subject: Council Testimony Written Testimony
Name Laura Gray Phone 18082607940 Email lauragdivefish.com Meeting Date 01-27-2021 Council/PH Council Committee
Agenda Item Bill79 CD 1 Your position on Support the matter Representing Self Organization With so many empty buildings now and so little land for Ag and open green space our small little highway going under water, not enough of anything at all for existing Hawaii citizens, (like working sewer, electric grid falling down, no hardened hurricane shelters, no trauma center, it Written would seem like an obvious thing not to build a housing development Testimony for mainland retirees, and another shopping center. Hopefully after so many years of rejection by every community on the whole island, this bad idea will finally be dealt with by approving our community plan from so many years ago. Mahalo for doing the right thing, Laura Gray RN. Testimony Attachment Accept Terms and Agreement 1
IP: 192.168.200.67
1 From: CLK Council Info Sent: Monday, January 25, 2021 6:51 AM Subject: Zoning and Planning Testimony
Written Testimony
Name Nancy Phone 949 364-5535 Email habibiatthebeach(äkox.net Meeting Date 01-27-2021 Council/Pl-l Committee Zoning and Planning Agenda item Yes on Bill 79 (2020) CDI Your position on the matter Support Representing Self Organization Written lestimony Testimony Attachment
Accept Terms and Agreement I
IP: 192.168.200.67 From: CLK Council Info Sent: Sunday! January 24, 2021 8:41 AM Subject: Zoning and Planning Testimony
Written Testimony
Name Phaedra Elisabeth Robinson Phone 8085513252 Email drphaedraUme.com
Meeting Date 01-27-202 1 Council’Pl-l Zoning and Planning Commitlee Agenda ]tem Bill 79 (2020) Your position on Support the matter Representing Self Organization Please pass this bill to save the land on the North Shore from development at Maelckahana. The bill, as amended by Councilmember Tsuneyoshi will preserve this beautiful space and Written prevent massive urban development on the agricultural lands in north Laie. For over 20 years Testimony now my family and I look forward to our camping and beach time up there away from the busyness of town, To us it is the most beautiful spot on the island and it needs to be preserved for future generations. Testimony Attachment Accept Terms and Agrceinent
IP: 192.168.200.67
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Country and From: CLKCouncil Info Sent: Monday,January 25, 2021 9:30 AM Subject: CouncilTestimony Written Testimony
Name Denise Antolini Phone 808 554-7215 Email antolinidgmaiI.com Meeting Date 01-27-2021 Council/PH Council Committee Agenda Item Bill79 - CD1 Your position on the matter Support Representing Self Organization Dear Chair Waters and Honorable City Council Members, *strong support* Iwrite in of Bill79-CD1. The community is grateful that, after so many years of opposition to the misguided plan by BYUH to open the door to urbanization of Malaekahana, this Council will be the one to finally close the Pandora’s Box by reaffirming and adopting a truly sustainable “Sustainable Communities Plan” for Ko’olau Loa. The two key changes proposed by Councilmember Tsuneyoshi - and we hope supported by all Members - are very important to maintaining the rural character of Ko’olau Loa: (1) *deleting* the North Laie 50 Written acre housing and commercial development, but sensibly allowing Testimony limited infillon the BYU campus, and (2) recognizing the historic settlement that limited development at Turtle Bay Resort and requiring strict compliance to preserve open space (I note, in particular, this amendment: “No further approvals resulting in an expansion of the existing resort beyond what is consistent with the already granted land use approvals should be granted”) Thank you for your support of CD1, and for protecting the historic, lifestyle, and cultural character of O’ahu’s rural communities. Best regards, Denise Antolini, PupOkea resident Testimony Attachment Accept Terms and Agreement 1
1 From: CLK Council Info Sent: Monday. January 25, 2021 8:23 AM Subject: Zoning and Planning TesUrnony
Written Testimony
Name James Long Phone 8089374155 Email daegnutgmailcorn Meeting Date 01-27-2021
Council/PI I Committee Zoning and Planning Agenda Item Bill 79 (2020) CDI Your position on the Support matter Representing Self Organization
- . . Please protect and preserve Malaekahana from further urban or commercial Written Icstlmony development. Mahalo. Testimony Attachment Accept Terms and Agreement
IP: 192.168.20067
1 From: CLK Council Info Sent: Monday, January 25, 2021 11:28AM Subject: Zoning and Planning Testimony
Written Testimony
Name Joan Koff, PhD Phone 808-398-5985 Email joankotT(yahoo.com Meeting Date 01-27-2021 Coici]/•PH Zoninu and Plannn&z Commi!tee Agenda Item Bill 79(202 1) CDI Your position on Support the matter Representing Self Organization Dear City Council members:
I support Bill 79 (2020) to establish a viable long-term plan for the Koo’lau Loa area. I have been involved in the development of a long-term sustainable plan for this area since approximatcl 2007. and probably earlier. As long term resident of the arca and owner of two small residential properties, I have been very concerned about maintaining open space and rural focus for this area. My recent concerns were amplified by extensive road failures in the last several ears with no foreseeable way to keep our two-lane highway viable. Further. removing fragile ecosystems in the name of housing needs is a very poor choice in my view. I would also like to urge the re-writing of Exhibit A of Bill 79 (2020). E.3.5 Residential Community. All the residential communities in the Koolau Loa Area have need for some additional housing stock. Towards this end. I would urge striking the second sentence in the paragraph which reads. It allows for limited expansion of residential areas in Kahuku and Laie to meet existing pent-up demand and anticipated future housing needs related to the
Written expansion of employment opportunities in the region.” I would urge that both Kahuku and
festimonv La’ie be added to the following sentence. . .The existing inventory of residential land for he communities of (insert here: Kahuku. Laie) K&aawa. Hatiula. and Punalu’u will be maintained, and the future residential needs in these communities will he met by infill residential development on appropriately-zoned vacant lots within existing neighborhoods.” It is important to make this change because a poorly conceived extension of BYIJ or the Polynesian Cultural Center or Turtle Bay will likely be used as a fulcrum to demand more development of the fragile area and this goes against ihe general idea. I would like to close with a consideration of life in a rural area. Generally, if folks want to live in a rural area, jobs are not easy to find or plentiful. Such rural occupants either can work from home or commute. The problem for us as an island is that if we do not set aside specific areas for low development, we will lose our rural space to eager developers who do not share a long-term vision of low density. Furthermore, our outdated and dangerous two-lane highway will he further compromised by more traffic. Also, our wastewater treatment capabilities will be assaulted (these have been big problems already in our area). It is
1 important to point out that developers do not build our roads or pay for our sewers or mitigate ocean damage because they are public responsibilities—taxpayers pay for them. It is so important now, in the context of no active tourism to speak of, that we take the strongest measures to protect our environment. Yours truly. Joan Koff. PhD
REFERENCE: Exhibit A Bill 79(2020) E.3.5 Residential Comimmity The policies and guidelines related to Residential Communities propose to maintain sufticicnt inventory of land within the Community Growth Boundary to accommodate existing and future housing needs of residents within the Ko’olau Loa area. It allows for limited expansion of residential areas in Kahuku and Lã’ie to meet existing pent-up demand and anticipated future housing needs related to the expansion of employment opportunities in the region. The existing inventory of residential land for the communities of Ka’aawa, Hau’ula and Punalu’u will be maintained, and future residential needs in these communities will be met through infill residential development on appropriately-zoned vacant lots within existing neighborhoods. No new housing areas are designated in these areas. The importance of respecting and preserving the natural setting of the Koolau Loa region is stressed by requiring development in residential areas to be sensitive to physical constraints and to have minimal impact on the area’s rural character, Finally, rural design considerations for zoning and subdivisions approvals are supported. as is affordable housing that meets the need for the region’s pent-up demand and overcrowding. ‘iestimonv Attachment Acccpt Terms and Agreement
IP: 192.168.200.67
2 From: CLK Council Info Sent: Monday, January 25, 2021 12:37 PM Subject: Council Testimony Written Testimony
Name Michael Kirk-Kuwaye Phone (808) 237-7082 Email [email protected] Meeting Date 01-27-2021 Council/PH Council Committee Agenda Item Bill79 (2020), CD1 Your position Support on the matter Representing Self Organization Aloha Chair Waters and Council Members,
I support Bill79 (2020), CD1 because, in this current version, it preserves the community growth boundaries in the original Ko’olauloa Sustainable Communities Plan and does not allow urban development into Malaekahana and the taking of valuable agricultural land.
Bill79 (2020), CD1 will result in:
1) the preservation of agricultural zoned lands against development, especially when the pandemic has shown that O’ahu needs to develop its own food supply chain;
Written 2) real and appropriate solutions to affordable housing — e.g., district Testimony infill, land within the existing Laie community growth boundary — being pursued; and
3) the maintenance of the rural essence of Ko’olauloa by alleviating excessive growth that would further burden our congested two-lane, single access highway.
The Ko’olauloa community has shown overwhelming and consistent support for the preservation of the original community growth boundaries and opposition to development that encroaches on this area. Council Member Tsuneyoshi has worked to ensure that this bill preserves these growth boundaries and should be commended for representing the views of her community. After the devastating
construction of the wind turbines in Kahuku, I hope this time our
1 community voices are heard, and that the community growth boundaries will be preserved against the pressures of urban development.
Mahato for considering my views,
Michael Kirk-Kuwaye Testimony Attachment Accept Terms and Agreement 1
IP: 192.168.200.67
2 From: CLKCouncil Info Sent: Monday,January 25, 2021 3:23 PM Subject: CouncilTestimony Written Testimony
Name Kathleen M Pahinui Phone 808-637-8545 Email [email protected] Meeting Date 01-27-2021 Council/PH Committee CouncH Agenda Item Bill79 Your position on the matter Support Representing Self Organization Written Testimony Testimony Attachment
Accept Terms and Agreement 1
IP: 192.168.20067
1 Wi’ From: CLKCouncil Info Sent; Monday,January25, 2021 4:10 PM Subject; CouncilTestimony Written Testimony
Name Christine Kirk-Kuwaye Phone 8085612843 Email kirkkuwaye.chrisgmail.com Meeting Date 01-27-2021 Council/PH Council Committee Agenda Item Bill79 (2020), CD1 Your position Support on the matter Representing Self Organization PD Box 145
Council Members, I support Bill79 (2020), CD 1 as amended by Councilmember Tsuneyoshi to preserve the community growth boundary established in the original KSCP and prevent massive urban
AI •H development on the agricultural lands in north Lai’e, better known as rien Mâlaekahana, Second Reading on December 9, received Testimony passed and unanimous support by the newly-constituted Committee on Zoning, Planning, and Housing at the January 14 review hearing. Ifthe pandemic has taught us nothing it’s the importance of using available land for agriculture. Thank you. Testimony Attachment Accept Terms and Agreement 1
IP: 192.168.200.67
1 From; CLK Council Info Sent: Tuesday, January 26, 2021 6:30 AM Subject: Council Testimony Written Testimony
Name Andrea Anixt Phone 8082378595 Email [email protected] Meeting Date 01-27-2021 Council/PH Council Committee Agenda Item Bill79 (2020) CD1 Your position Support on the matter Representing Self Organization
I have witnessed 56 years of Ko’olauloa’s changes and much of that time hoping to keep it country from a personal and economic perspective. Agriculture is and has been its main economic vehicle; with tourism growing in excess of sufficient infrastructure in the last 20 years. Turtle Bay Resort is now expanding to 3 hotels plus resort residential units, BYUH doubling their ‘students from elsewhere’ (now 90% foreign or from mainland -about 50/50), the PCC continues to expand and has brought bus after busload of tourists thru our quiet rural communities every night about 10pm. BYUH is also building 1,000 units not in the Ko’olauloa SCP for “married student housing” in Laie. The special interest developer HRI (for the LOS Church and entities Written like BYU and PCC) developments are not welcomed by surrounding Testimony communities because of the traffic and out of the desired rural character valued by most residents of O’ahu and the area - by Resolutions made by our Community Associations and Neighborhood Boards as far away as Manoa even...KEEP the Country Country is a well known sentiment island wide.
The North Shore including Ko’olauloa area has an irreplaceable beauty and is an international ‘BRAND’now that urban sprawl and even more extremely bad traffic on the badly eroding ONLY road from Haleiwa to Kahalu’u/Kaneohe will ruin and tourists go on to the next less overly developed destination. Please do support AG on the Ag land designated Important Agricultural Lands of Malaekahana...Develop model farms and
1 IP: Accept Attachment Testimony and 192.168.200.67 Agreement Terms on pastures, 1 this plan! not Its urban time sprawl to pass 2 is this the goal now... of the last 13 years of working
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be go From: CLK Council Info Sent: Tuesday, January 26, 2021 5:35 AM Subject: Council Testimony Written Testimony
Name Keith Krueger Phone 808-239-5958 Email [email protected] Meeting Date 01-27-2021 Council/PH Council Committee Agenda Item Bill79 (2020) CD1 Your position Support on the mailer Representing Self Organization
My name is Keith Krueger and I have lived in the Koolauloa area for
more than 40 years. During that time I have witnessed aggressive development interests try to expand their footprint at the expense of the rest of the community.
The original KSCP, which called for low to no growth, took much
research and many years of community input to develop. I wish to go
on record as supporting Bill79 (2020) CD1. I support Council member Tsuneyoshi’s Amendment of earlier form of Bill Written an 79 calling for the removal of the proposed 50 development in Testimony acre the Malaekahana and Lale area as well as the expansion of BYUH and the PCC.
Kamehameha Highway is BARELY sufficient to accommodate the daily needs of our community today -additional development serving special interests MUST NOT OCCUR. The community should not be asked to subsidize improvements to grow such projects. Instead we should stick with the original KSCP and facilitate the growth of sustainable agriculture. KEEP THE COUNTRY COUNTRY Testimony Attachment Accept Terms and Agreement 1
IP: 192.168.200.67
1 Ije ‘cnate STATE CAPITOL HONOLULU, HAWAII 9S813
Honolulu City Council TESTIMONYSubmitted via Email Regular Meeting January 27, 2021
Re: Bill79(2020) CDt - Koolauloa Sustainable Communities Plan
Aloha, Chair Waters and Members of the Council.
ISUPPORTBill79(2020) CD1and encourage passage on Third Reading.
Likemany residents and interested parties, Ihave observed and participated in the deliberations of this sustainable communities plan revision since it began in 2007.
After numerous twists and turns over 13 years, and five iterations of this bill, the plan is in its proper form today. One could argue about certain citations or suggest updates to parts of the narrative, but the general vision of the plan is right. It is time to approve Bill79(2020) CD1.
Respectfully offered,
Gil Riviere Senator, District 23 Oahu’s North and Windward Shores
PS. May I suggest the Council reconsider the existing language in the City Charter that requires development plan updates every five years? This requirement is clearly not being met. Amending the Charter to require updates every 10 years may be more practical and appropriate. Written Subject:
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IP: 192.168.200.67
2 From: CLK Council Info Sent: Monday, January25, 2021 8:40 PM Subject: Council Testimony Written Testimony
Name Sunny Unga Phone 808-282-2340 Email [email protected] Meeting Date 01-27-2021 Council/PH Committee Council Agenda Item Bill79 (2020) CD1 Your position Support on the matter Representing Self Organization Aloha,
I urge you to support Bill79 (2020), CD1 to adopt the Koolauloa Sustainable Communities Plan, as amended in CC-352 to ensure that the original community growth boundary is maintained to prevent expanded development in North of Laie also known as Malaekahana.
More so than ever, this current COVID 19 pandemic is helping us realize how important it is to create a sustainable future for Hawaii. Food security is vital to achieve a sustainable future and we must save our agricultural lands for farming and food production to be successful. We simply can not afford to take away valuable Written agricultural lands with more housing development. Even our current Testimony infrastructure such as our schools, library, roads, etc in the surrounding community is incapable of supporting more housing development and the expansion of Laie. Please, we must save our agricultural lands for farming for a sustainable future for HawaH. The more we cement agricultural lands with housing, the harder it willbe for us to have a sustainable future,
It is time for us to stop appeasing to developers and their plans for more development. We must do right by the affected communities and our future generations by listening to voices of the community and reflect them with your support for Bill79 (2020), CD1.
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1. MAKAICONSERVATIONEASEMENT.
In October 2015, the Resort owner consummated a series of related real estate transactions with the State of Hawaii (the “State”), the City and County of Honolulu (the “City”), Trust for Public Land (“TPL”), and North Shore Community Land Trust (“NSCLT”).Generally speaking, there were three transactions: a. The sale to the State of a conservation easement (the “Makai CE”)covering approximately 568 acres of the Turtle Bay Resort campus, restricting future development; b. The sale to the State of the fee simple interest in approximately 53 acres of land at Kawela Bay, followed by a lease of such land back to the Resort owner for a period of 65-years; the lease allows the continued use of the land for passive recreation activities, while restricting future development; and c. The sale to the Cityof the fee simple interest in approximately 7.6 acres of land at Kawela Bay, which land is adjacent to a 5-acre parcel that is to be dedicated to the City as a future public park.
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404672.1 These three transactions have had and continue to have a profound and long-term effect on the future of Turtle Bay Resort and the North Shore of Oahu, including a perpetual commitment by the Resort owner to:
i. Forego the opportunity to develop over 620 acres of land, preserving such land as open space in perpetuity;
ii. Establish public access trails throughout the resort campus, including approximately 5-miles of shoreline access (including Kawela Bay], and approximately 8-miles of trail systems for hiking;
iii. Establish meaningful public parking at all times;
iv. Establish golfing privileges for the Kahuku High School Golf Team at both the Turtle Bay Fazio and Palmer courses, during the OlAgolf season, at no charge; and
v. Maintain the ability to develop a limited portion of the resort campus, thereby preserving the potential to create construction related jobs; permanent jobs on the resort campus; and permanent jobs within the community related directly and indirectly to the devetopment.
2. MALJKACONSERVATIONEASEMENT.
a. Agricultural and Scenic Preservation, In April 2016, the Resort owner’s affiliate consummated another real estate transaction, this time with TPL,the City and NSCLT.This transaction involved the sale of a conservation easement (the “Mauka CE”)covering over 468 acres of land on the mauka side of Kamehameha Highway across from Turtle Bay Resort, commonly referred to as the “Turtle Bay Mauka Lands”. The Mauka CEfocused on protecting the agricultural viability and the scenic rural viewshed of the Turtle Bay Mauka ands from Kamehameha Highway. The Mauka CEestablished an impervious surface limitation of not more than 6% of the land area, prohibiting, among otherthings, (i) the subdivision of the Turtle Bay Mauka Lands for the purpose of conveying separate parcels, (ii) any structure or improvements above 50’ in height; (iii)mining; (iv) long-term waste disposal; and (v) zone changes.
404672 I 2 b. Laulima Gardens. In September 2019, in accordance with the terms of the Mauka CE, the owner of the Turtle Bay Mauka Lands established
Laulima Gardens — a community garden whose purpose is to promote agriculture and provide community members with an opportunity to build relationships through gardening. The Laulima Gardens currently consists of fifteen garden plots of 500 square feet (10’xSO’) each. A lottery was held to select 10 North Shore and Ko’olauloa residents, and 10 Resort employees to become the caretakers of their own garden plots. If there is sufficient demand) an additional fifteen garden plots of 500 square feet will be added next year.
I
C. Pono Pacific Land Management. In order to ensure appropriate oversight and management of the Turtle Bay Mauka Lands, the owner retained the services of Pono Pacific Land Management, LLC, a local company with expertise in providing cost-effective natural resource management services. Pono Pacific is responsible for) among other things, ensuring compliance with the terms and conditions of the Mauka CE; managing the Laulima Gardens; managing the existing farm operations on the Turtle Bay Mauka Lands; and producing a long-range master plan for this property.
404672.1 3 3. OTHERCOMMUNITYOUTREACH.
In addition to the significant strides made in land conservation and public access, the Resort owner continues to engage in meaningful forms of community outreach.
a. Turtle Bay Foundation. The Turtle Say Foundation is a Hawaii nonprofit, tax-exempt corporation, established in 2012. Its mission is to enrich the communities of Oahu’s North Shore and K&olauloa region by providing education I JILIU scholarships for deserving youth; job training ‘u.n.,i. 0..’ 0u•.w U NO opportunities for adults; and grants for environmental tH stewardship, historic and cultural preservation, healthy living through sports and recreation, and health care programs for aging residents, homeless, and substance abuse recovery. The Turtle Bay Foundation has given nearly $630,000 and countless service hours to support residents in need and to protect the wild lands and native species on the North Shore. Beneficiaries of the Foundation’s giving include but are not limited to NSCLT,Kupu, Friends of Kahuku Library, Waialua Robotics Program, Hale’iwa Main Street Hawai’i Marine Mammal Alliance and Sustainable Coastlines, and over 50 of Dahu’s elementary, intermediate and high schools.
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4046721 4 b. North Shore Community r4Irxit The Resort owner also continues to work with and support NSCITon periodic conservation activities on Turtle Bay Resort lands. In 2017, the owner granted NSCLT a license to store a 20-foot storage container on the resort lands, for storage of equipment, supplies, and related materials for NSCLT’srestoration work at Kahuku Point.
—
404672.1 S c. The Eddie. The Resort owner has also — TIlE — become a sponsor of the annual big wave surf contest at Waimea Bay known as “The Waimea Bay DOPEAIKA Big Wave Invitational Surf Contest in Memory of , mc WAY! UWVflAllONfl Eddie Aikau”. The Eddie is the premier event in the sport of surfing, and celebrates the legend of Eddie Aikau, a championship athlete) waterman, and the first lifeguard for the North Shore. The Resort’s sponsorship has included a generous cash donation to support the event; hosting a welcoming ceremony and registration for the contestants; free sweatshirts, reusable water bottles and discounted room rates for all contestants; and overall promotion of this world renown surf contest. •.. ‘i’ S F
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‘1 1 II.-— -
404672 I 6 d. North Shore Ocean Education Coalition. The Resort owner is part of the North Shore Ocean Education Coalition, whose members also include The National Humpback Whale Marine Sanctuary, Hawaii Marine Animal Response, Malama Pupukea-Waimea, Dolphin Uuest, Kokua Hawaii Foundation, Windward Community College and Hui0 Hauvla, The mission of this coalition is to increase awareness and knowledge about the ocean, marine life, and ecosystems iii order to protect, restore, and manage the use of ocean resources and inspire local and global conservation. Once each year the coalition sponsors the North Shore Ocean Fest, an event that features top ocean educators, film, ocean crafts, hula and other activities. In 2019, this free community event was hosted at the Resort.
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404672.1 7 e. Makahiki Kuilima. The Resort owner is also a proud host and supporter of the
Makahiki Kuilima. This annual event — which is free and open to the public-- is presented by Naepuni Aloha, the parent group of Ke Kula ‘o SM. Kamakau, a Hawaiian medium P 12 education program dedicated to teaching through the Hawaiian language and culture. The purpose of the event is to preserve, perpetuate, educate and share Hawaiian cultural traditions, values, and practices through the emphasis on the Hawaiian language and makahiki traditions. The festivities typically include traditional Makahiki sporting events such as hukihuki (tug of war), ‘ulu maika (lawn bowling), uma (arm wrestling), heihei kukini (foot racing), ‘O’Oihe (spearthrowing), and hula. There are also artisans and crafters, educational exhibits, cultural demonstrations, and cultural performances.
404672.1 S TAB2 DOUBLESYSTEM1
STATEOFHAWAII STATEOFHAWAII OFCONVEYANCES ASSISTANTREOISTIiAH BUREAU OFFICEOF RECORDED RECORDED October23, 20158:01 AM October23, 20158:01AM DccND(S)A—61740339 DocNo(s)T—9426036 on Cart(s)1013398 IssuanceofCell(s)
hi NICKIANNTHOMPSON Iii NICKIANNTHOMPSON REGISTRAR ASSISTANTREfIISTIIAR tHUIIlIIUIIIIiItlIIlIhhtNhIhi IN1IIHhIIUItiHIllIIIHI lea 30131 KHD2 105 29131 KHD2 8—32710087 0—32110091
LANDCOURT REGULARSYSTEM AFTERRECOROATION,RETURNBY: All (X) PICKUP ( ) OS TGOII 201440975—S MS. SUZANNE CASE TOES 210-1506 PAULO DEPT OF LAND & NATURAL RESOURCES BARBARA 1151 PUNCBSOWtj ST HONOLULU, III 96813 This document consIsts of jages. TITLEOF DOCUMENT:
DEEDOF CONSERVATIONEASEMENTAND RESTRICTIONOF DEVELOPMENTRIGHTS
PARTIESTO DOCUMENT:
Owner: TurtleBayResort,LLC,a DelawarelimItedUaNttycompany,57-091KarnehamehaHIghway,Kahuku, HawaIi96734 Holder: TheStateofHawaIi,throughitsRoardofLandandNaturalResources,I(alanlmokuSulidIng,1151 PunchbowlStreet,Honolulu,Hawaii96813
LODNo. 29126 TAX MAP KEYS: (1) 6-7-001: (por.) 001, (por.) 016, (por.) 017, (pot,) 020, (por.) 022, (por.) 033; (1) 6-7-006: PaR. ooi, (por.) 002; (I) 5-6-003: 033, 40, (por.) 044, (por.)042, 044, 050
I’IiflIM.APFWO. Qodmont of t, Nbrnsy Gc,wn4 EXECUTIONCOPY _____
DEEDOF CONSERVATIONEASEMENTAND RESTRICTIONOF DEVELOPMENTRIGHTS
This Deed of Grant of Conservation Easement and Restriction of Development RIghts (this ‘Easement’) Is entered Intoas of this day of OCT2 3 2015 2015 (the ‘Effective Date”), by and between Turtle Bay Resort, LLC, a Delaware limited liabilitycompany, whose principal place of business and mailingaddress is 57- 091 Kamehameha Highway1Kahuku, Hawai’i 96731 (‘Owner”), and the State of Hawal’l, through Its Board of Land and Natural Resources, whose principalplace of business and mailing address is Kalanimoku Building, 1151 Punchbowl Street, Honolulu,1-lawaVi96813 (‘Holder”)(each, a ‘Party”,and together the “Parties”).
RECITALS
I. Structure of this Conservation Easement and Initial Definitions
A. Owner is the fee owner of certain parcels of land located In the Cityand County of Honolulu (the “City”), Ko’olauloa District, Island of Oahu, Hawai’i, as described more specificallyin Exhibit A attached hereto, and depicted on the map attached as Exhibit B hereto (the “Easement Area”),
B. Holder desires to obtain from Owner, and Owner desires to grant to Holder, a conservation easement over the Easement Area upon and subject to the terms and conditionsof this Easement.
C. This Easement includes three main pads: (1) the Recitals, whichprovide a general description of the Easement Area and its important Conservation Values, the surrounding area, and the existing zoning and other land use rights and restrictions affecting the Easement Area; (2) the Covenants and Restrictions, which describe the respective rights and obligations of Owner and Holder; and (3) the Exhibits, which identifythe Easement Area.
0, Other capitalized terms used in this Easement are either defined when they first appear Inthis Easement or may be found in the Glossary, located in Section L ofthe Covenants and Restrictions.
II. identification of the Easement Area
A. General Easement Area Location and Description. The Easement Area consists of approximately568.417 acres of land located on the north shore/windward coast of the island of Cahu, with an elevation range ranging between 0 and 24 feet above sea level. The Easement Area contains three (3) distinctzones: the Preservation Zone, the Recreation Zone, and the Open Space Zone, described in greater detail in Section A ofthe Covenants and Restrictions,
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is of D, Importance of Easement Area for MiIitaiyBuffer. The Easement Area is located in close proximityto and north of the United States Arm/s (“U.S. Army”) Kahuku TrainingArea C’KTA”)and serves as an important militarybuffer. KTAis a joint- use facilitywiththe capabilityto train approximately 3,000 to 5000 soldiers, or one full brigade. At more than 9,000 acres, it is one of the largest trainingareas on O’ahu.The landscape at KTA‘isan evolving one, as the training area has been in a state of transformation for nearly the past 10-years. The area includes a new Combined Arms CollectiveTrainingFacility,a cargo dropzone and tactical vehicle wash. Currently,KTA Is the site of several projects necessary for the transformation of the 25th Infantry Division’s2nd Brigadeto a Stryker Brigade Combat Team. Protection of the Easement Area’s ConservationValues through this Easement provides the U.S. Armywitha buffer compatible to its trainingactivitiesat KTA.
Ill. History of Land Uses in the Easement Area and Surrounding Areas
Portions of the Easement Area are pad of a larger property known and operated as the “TurtleBay Resort.”The existing hotel at the Turtle Bay Resort was originally constructed in 4972, and the Turtle Bay Resort development received entitlements and approvals to construct a 3,500-unitexpansion in the mid-1980’s. The Turtie Bay Resort currently includes the recently renovated 410-unit main hotel,42 beach cottages, a free standing restaurant, a large surface parking lot, two golf courses, an equestrian center with riding stabtes, tennis courts, and other accessory resort uses and minor improvements.
The existing Turtle Bay Resort 5tructures are not located within the Easement Area, but the two golfcourses are included in the Easement Area. Also located within Easement Area, and adjacent to the Palmer Golf Course, is the Punaho’olapa Marsh, a spring fed weUandof approximately100 acres,
The followingstructures and improvements, described in greater detail in the Baseline Documentation,are also located in the Easement Area: four (4) bathrooms, two (2) IrrIgationpump stations, seven (7) maintenance/support structures at the Palmer Maintenance Yard four (4) maintenance/support structures at the Fazie Maintenance Yard, and one (1) historicpiliboxbunker,
Immediatelyadjacent to the Easement Area are the 57-unitOcean Villasand the 368-unit Kullima Estates, both of which are privately owned condominium projects, Located across the street from the Turtle Bay Resort, on the mauka side of Kamehameha Highway,are the lands commonly referred to as the “TurtleBay Mauka Lands1”which consist of approximately468 acres of agriculturalland.
J2ttM.AfFWD. 3 EXECUTIONCOPY fle1ortmoMof Atocnay Geo.ral
‘I IV.Land Use, Environmental and Planning Policies, Laws and Designations
A. HawaiiState Land Use District.Approximately496 acres of the Easement Area are located in the “Urban”State Land Use District,and approximately72 acres of the Easement Area are located in the “Agricultural”State Land Use District,as such quoted terms are defined by HawaiiRevised Statutes (“HRS”)Chapter 205. Permitted uses within the Urban State Land Use Districtare stated in HRS § 205-2(b), and permitted uses withinthe AgriculturalState Land Use Districtare stated in FIRS§ 205- 4.5.
B. Hawaii Coastal Zone Management Act, The Easement Area is located within the Special Management Area, as defined by the Hawaii Coastal Zone ManagementAct, codifiedas HRS Chapter 205A.
C. General Plan for the Cityarid Countyof Honolulu. The General Plan for the City and County of Honolulu (the “General Plan’) establishes the objectives of protecting and preserving the natural environment, and preserving and enhancing the natural monuments and scenic views of Cahu for the benefit of both residents and visitors, As of the EffectiveDate, the CityIs currentlyupdating the General Plan.
D. Ko’olau Loa Sustainable Communities Plan. The Easement Area lies within the Ko’oiauLoa Sustainable Communities Plan (the “Ko’oiauLoa Plan”). The Ko’olauLos Plan provides that “[o]penspace preservation Is a key element of the vision for Ko’olauLos’s future. Long-termprotection and preservation of scenic resources, agriculturalareas, natural areas, and recreationalareas are importantto maintainingthe rural character of Kootau Loa for both residents and visitors.” See Ko’olauLea Plan at § 3.1. The Ko’olauLoa Plan identifies the Easement Area (referred to therein as “Kulllma”)as being located withinthe Rural Community Boundary and characterizes it as a ‘‘MajorResort Destination”planned for a total of 4,000 visitor units. As of the EffectiveDate, the Cityis currentlyupdatingthe Ko’olauLoa Plan.
F. CityZoning. The zoning districts withinthe Easement Area include ‘P-2” General Preservation, “AG-2”General Agriculture, and “Resort” under the Honolulu Land Use Ordinance (“LUO”).Permitted uses withinthe P-2, AG-2, and Resort districts are Identifiedin the Master Use Table of the LUG(Table 214). The Master Use Table also identifies other uses that are permitted withinthe P-2, AG-2, and Resort districts, subject to meeting specific use development standards.
V. Funding Sources for Purchase of this Easement
Fundingfor the purchase of this Easement comes from Act 121, SessIon Laws of Hawaii 2015 (“Act121”). Pursuant to Act 121, reimbursable generat obligationbond proceeds willbe used by the Department of Land and Natural Resources to pay the purchase price for this Easement.
4 EXECUTIONCOPY Dsp,rfrnoniolth3 A*OITWyGonoral
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in A Owner declares that the Easement Area shalt be held, mortgaged, encumbered, transferred, sold, conveyed, used, and occupied subject to the covenants, conditions, restrictions, and easements set forth below, which covenants, conditions, restrictions and easements shall be deemed to run with the land In perpetuity and to burden the Easement Area in perpetuity.
COVENANTSANDRESTRICTIONS
A. Purpose
The Purpose of Ibis Easement is to preserve and maintain the Conservation Values as set forth In Section Il.C above, by preventing any use of the Easement Area that will significantlyImpairor interfere with the Conservation aIues (the Purpose”). The Easement Area consists of three resource zones, each withspecific restrictions or allowed uses that support the Conservation Values, which zones include the Preservation Zone”, the ‘Recreation Zone”, and the “Open Space Zone”, all as identifiedand designated on the map attached hereto as Exhibit C hereto.
1. The Preservation Zone. The restrictions in the Preservation Zone of the Easement Area (as identifiedand designated on the map attached hereto as Exhibit C) are established to preserve and protect the relativelynatural habitat of the Preservation Zone, including any significant, native natural wildlife or plant resources and their associated habitat, as well as cultural, archeological or historicallysignificant features. The öoastal and wetland habitat in the Preservation Zone is importantfor the protection of native birds, marine animals, near-shore and wetland-dependent vegetation, and other threatened, endangered, and it-risk species. Approximately 105.24 acres or 18.51% of the Easement Area is withinthe Preservation Zone.
2. The Recreation Zone. The restrictions in the Recreation Zone of the Easement Area (as identifiedand designated on the map attached hereto as Exhibit C are established to provide substantial, but reasonably limited, recreational and educational access to the Recreation Zone for the general public while also providing for the protection of the relativelynatural habitat and coastal arid Inland ecosystems. The coastal areas of the Recreation Zone are important in providingmulti-use trails for walking running,and biking,as well as parking and pedestrian access to the shoreline for coastal activities including, but not limited to, surfing, fishing, snorkeling, diving, paddling, swimming,wildlifewatching, beachcombing, and sunbathing. Approximately 1.5 acres or 0,26%of the Easement Area is withinthe Recreation Zone.
3. The Open Space Zone. The restrictions in the Open Space Zone of the Easement Area (as identifiedand designated on the map attached hereto as Exhibit C) are established to eliminate residential development, maintain the region’s rural character, providepassIve drainage ways, offer view amenities for publIc rights-of-way, and continue commercialand non-commercialrecreational and educational open-space opportunities for the Turtle Bay Resort while also provIdingfor the protectIon of the relatively natural habitat and coastal and inland ecosystems and for providing
6 EXECUTIONCOPY recreational and education access for the people of Hawaii, The commercial recreation, education and support lands in the Open Space Zone are important in maintaining the Ko’olauloa region’s rural and scenic character provided by the Easement Area. Approximately461.707 acres or 81.23% of the Easement Area is withinthe Open Space Zone.
4. No activitywhichshall significantlyimpair or interfere with the Purpose of this Easement or the Conservation Values shall he permitted except for any ExistingUses (as such term is herein defined in Section 8.1), or as may be otherwise provided Inthis Easement.
- 5. Subject to the terms of this Easement, including confirmingconsistency with the Purpose and no diminishment of the Conservation Values, the Parties may modify the zone boundaries by mutual written agreement, as such modiftoatiorimay be necessary to protect or promote Conservation Values between the three resource zones. In such case, the modificationshall be documented by Holder and revised map(s) or site plan(s) shall be maintained wiLhthe Baseline Documentation.
B. RIghts of Owner
Except as prohibited or restricted by the provisions in Sections C, D and E, Owner reserves all customary rights and privileges of ownershIp, so long as they are not expressly prohibited by this Easement or inconsistent with the Purpose of this Easement. Ownerexpressly and specificallyreserves the followingrights:
1. ExistingUses and Activities. The right to engage in any use or activitybeing conducted on the Easement Area as of the Effective Date or as documented in the Baseline Documentation (collectively,the “Existing Uses’) in substantially the same manner with substantially the same practices that are being employed as of the Effective Date, provided that the practice does not impair the Conservation Values. In addition to the existing uses documented in the Baseline Documentation, the Existing Uses include the following:golf course and related activities; multi-usetrails forwalking, running, and biking; maintenance. .of all trails and facilities In the Easement Area; weddings and other events; meeting receptions; camping in non-permanent structures with Owner’s permission only for special events; filming; guIded and unguided tours; and access to shoreline for coastal activitiesto the extent permitted by Law, including, but not limited to, surfing, fishing, snorkeling, diving1 stand-up paddle boarding, paddling, swimming, wildlifewatchIng, beachcombing, cultural tours, exploring and sunbathing by the guests, vendors, residents and employees of the Turtle Bay Resort. Similar and related uses and activities to the Existing Uses shall also be permitted. provided that such uses and activities do not impair the Purpose of the Easement or the Conservation Values.
2. Entitlement Compliance. The rightto make improvements and to enter Into legal arrangements as necessary to complywith the terms of that certain Unilateral Agreement and Declaration for ConditionalZoning, dated September 23, 1968, and
7 EXECUTIONCOPY tX,par4monfo1lt3 AitornoyGn*ml From: CLK Council Info Sent: Tuesday, January 26, 2021 8:03 AM Subject: Council Testimony Written Testimony
Name Larry McElheny Phone (808) 638-8484 Email lkmcelhenygmail.com Meeting Date 01-27-2021 Council/PH Council Committee Agenda Item Bill79 CD1 (2020) Your position on Support the matter Representing Self Organization Aloha Council Members
Please do whatever it takes to keep Koolauloa rural,
Stop the conversion of agricultural land to non-ag uses and halt the exploitation of Koolauloas natural beauty by tourist oriented Written Testimony enterprises.
Mahalo, Larry McElheny (808) 638-8484
Testimony Attachment AcceptTerms and Agreement 1
IP: 192.168.200.67
1 this the ianuary We others Council against Good d RE: steadfast practices I President Margaret Mahalo, Ko’olauloa Defend nui. wish efe congratulate Bill shoreline caring ndo Morning convey in 79, the Oahu Members, a 26, the for h in Primacio of ucoa Sustainable CD-i first their 2021 land 70s the & Coalition our Council I roadways development itio (2020). the ama and efforts & Organization’s n water @gm new continues and Communities strongly Chair Revised to Council for a its use. i protect I. corn people Waters, residents’ of Community supports
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our o P.O. for Plan Vice-Chair rural commuting at decades. Bill Box for of Kuilima leaders, Sustainable and area 79, Other conserving Third 416, welcome CD-i Kia’aina even “Keep by Kahuku, Reading leaders, some 1% for 0 Creighton (2020) with work C Communties the agriculture & no back HI & Reverend arrests Country and and longer Adoption. 96731 incumbent & requests recreation; Cathy and with land Country” Plan Bob we Mattoon, for us the Nakata Members. mahalo have food and was Council consistently ensuring production; & Deedee born them Dawn pass in for sustainable Wasson the Letts the their preserving pursued fight Revised and aloha were From: CLK Council Info Sent: Tuesday, January 26, 2021 3:27 PM Subject: Council Testimony Written Testimony
Name Maureen Malanaphy Phone 8082563925 Email [email protected] Meeting Date 01-27-2020 Council/PH Committee Council Agenda Item Bill79-CD1 (2020) Your position Support on the matter Representing Self Organization Aloha Honolulu Council Members,
I support. Bill79 (2020, CD1) as amended by Councilmember Tsuneyoshi to preserve the community growth boundary established
in the original Ko’olauloa Sustainable Communities Plan (KSCP). I am in opposition to expanding the community growth boundaries for housing into Malaekahana (or North Laie).
I support passage of Bill79 CD1 because it “removes the housing development in Laie as well as moves the community growth boundary back to its original location.” Written Public opinion on the Ko olauloa Sustainable Communities Plan was settled long ago, through an extensive community consultation process in which the Written vast majority of local residents, community associations, and Testimony neighborhood boards were firm in their commitment to maintain existing community growth boundaries and restrict unfettered development in the rural region.
As communities across Hawai’i are demanding a resetting of priorities in the wake of the coronavirus pandemic, with a focus on local food production and sustainability, a Laie-based development plan (scheme) that would reduce agricultural capacities and increase population, tourism, traffic, urban development, and stress on already overburdened rural and coastal infrastructure is not just bad, it’s dangerous.
These issues have been well-documented throughout the history of testimonies on previous proposed bills to expand housing into
1 Malaekahana. Once and for all, please listen to the voices of our community and that there will be no expansion of the community growth boundaries for development. Every community bordering Laie has fought against any development plan up and down the Windward coast and North Shore of Oahu. Mahalo .... Maureen Malanaphy, PhD Educator and 42 Year Resident of Ko’olauloa
Testimony Attachment Accept Terms and Agreement 1
IP: 192.168.200.67
2 From: CLKCouncil Info Sent: Tuesday, January 26, 2021 3:56 PM Subject: Council Testimony Written Testimony
Name Dorothy Kelly-Paddock Phone 808-255-6944 Email [email protected] Meeting Date 01-27-2021 Council/PH Committee Council Agenda Item Bill79 CD1 Your position Support on the matter Representing Organization Organization Hau’ ula Community Association
On behalf of Hauula Community Association, I want to share our support of Bill79, as amended by our City Council Rep, Heidi Tsuneyoshi. This has been a long and arduous journey for all in Ko’olauloa. However, our determination to adhere to our “Keep the Country Country” slogan willprevail because of our commitment to our communities and their strong allegiance to the needs of future generations and our way of life in Ko’olauloa. Our community, along with many other in this moku and across Dahu, have consistently and strongly opposed development outside of any rural growth boundary, even ifthe development is in their ahupua’a, and, also consistently, that infillor increased density on existing urban zoned or developed lands be developed first. The case has been Written made repeatedly that a) Ko’olau Loa is a rural community, b) Testimony agricultural lands must be retained for Oahu food sustainability and scenic settings, c) the infrastructure (e.g., a 2-lane Kamehameha Hwy as sole resident/visitor ingress and egress) and supporting services and infrastructure are at capacity and being strained in trying to serve the existing district resident and visitor population. Kamehameha Highway is considered the most at-risk roadway in the state. It is also being stripped away inch by inch on a daily basis by sea level rise and powerful waves that are eroding it, without end. Solutions need to be found in order to keep these communities sustainable.. .this is not that solution. Hauula Community Association urges you to pass Bill79, as amended. Mahalo!
1 Dotty Kelly-Paddock Hauula Community Association, president
Testimony Attachment Accept Terms and Agreement 1
IP: 192.168.200.67
2