Tag Archives: Hokulia

February 10, 2012

Hokuli’a Settlement Agreement

By Aaron Stene

I received a copy of the Hokuli’a/AMIC/Hawaii County settlement agreement recently. This agreement isn’t most optimum deal for the county. However, there is no guarantee the county would’ve awarded anything, if this case continued to trial. American Motorist has been in runoff mode since 2004, so the county is lucky they’re getting 12.5 million to complete the rest of the Mamalahoa (Hokuli’a) bypass.

Oceanside will have up to two years to complete the rest of this roadway. The county is slated to receive land, if they fail to meet this deadline. The settlement agreement outlines the which lands will be conveyed to meet their 20 million dollar obligation. I was afraid they would convey just their Keopuka lands, but fortunately this isn’t case.

The 2006 settlement agreement, which allowed Oceanside to restart the Hokuli’a project, is the elephant in the room. Lloyd’s Banking Group wants to extricate itself from this black hole project. They’ve failed to sell the entire project thus far, so its likely Lloyd’s will  sell it piecemeal.

Oceanside has failed miserably to comply with that 2006 agreement. I believe it won’t get better, if Hokuli’a is carved out and sold to multiple developers.

1 comment   |  tags: , | posted in Hawaii Development, Hawaii Economy, Hawaii Planning, Hawaii Politics, Hawaii Transportation

January 27, 2012

La’aloa Avenue Extension Condemnation Update

By Aaron Stene

Hawaii County recently filed the second condemnation lawsuit for the La’aloa Avenue Extension project. The Court hasn’t entered this lawsuit into the system though.

The first condemnation lawsuit is meandering its way through the Courts.

The county is slated to receive land and cash as a part of the recent Hokuli’a/AMIC settlement agreement. This sound eerily reminiscent of 1250 Oceanside’s original proposal to the county. They pledged their Keopuka lands as collateral, which would used to complete the various development agreement and zoning conditions.

I highly doubt these lands, if Hokuli’a conveyed them in this settlement agreement, are worth 20 million dollars. Oceanside tried developing a luxury subdivision in this area in 2000. However, they faced significant community opposition towards this proposed development

This settlement isn’t a done deal yet. Lloyd’s Banking Group is attempting to scuttle the deal. However, the county and Oceanside filed a motion and cross motion urging the Court to enforce this agreement. Judge Ibarra is slated to hear them on January 30th, 2012.

1 comment   |  tags: , | posted in Hawaii Development, Hawaii Economy, Hawaii Planning, Hawaii Politics, Hawaii Transportation

January 24, 2012

Hawaiian Dredging Construction Company Baseyard Update

By Aaron Stene

Hawaiian Dredging Construction Company has nearly vacated their Kealakehe Parkway baseyard. The project manager, who is overseeing this closure, provided this update on their progress:

“Things are progressing as we work to move out by the end of the month. The silt fences may have to remain in place a little longer until we can have the State inspect the area and give us the OK for removal. A monthly inspection on the silt fences by HDOT normally occurs within the first week of each month. We will also be making arrangements to remove the concrete blocks, equipment and concrete barriers.”

The parties involved recent Hokuli’a/AMIC/Hawaii County settlement are still drafting and finalizing this agreement. The Court imposed a January 31st deadline to cross the t’s and dot the i’s, so it’s likely they may need more time.

There is no new updates regarding the condemnation of the Coupe parcel. The Court already granted the order of possession to Hawaii County though. The county is still in discussions with the Smith/Whitakers to acquire part of their land for this roadway.

Lastly, prospective bids for the Kaiminani Drive roadway improvements solicitation will be opened on February 16th, 2012.

Leave a comment   |  tags: , | posted in Hawaii Development, Hawaii Economy, Hawaii Planning, Hawaii Technology

December 16, 2011

Mamalahoa (Hokuli’a) Bypass Update

By Aaron Stene

Hawaii County reached a global settlement with Hokuli’a, American Motorist Insurance Company, etc on Tuesday night. This settlement apparently assures the completion of the Mamalahoa (Hokuli’a) bypass. In addition, it allows the county to finalize the condemnation of the Smiths/Whitakers and Coupe’s land for this roadway.

I tried searching PACER to see if the settlement was posted there. The Club at Hokuli’a and Hokuli’a Community Association Inc sued American Motorist Insurance Company in Federal Court in Honolulu. Nevertheless, I couldn’t find the document titled “Rule 408 Settlement Term Sheet 12/12/11.” This two page document detailed the global settlement.However, I did find an interesting document on PACER though. AMIC hired a CPA to conduct a thorough financial analysis of the Hokuli’a development. The CPA determined Oceanside’s overall financial solvency deteriorated after changes were done to the project’s scope.

I’ve strongly supported the completion of this much-needed roadway over the years, so I’m thrilled it is one step closer to be completed.

1 comment   |  tags: , , , | posted in Hawaii Development, Hawaii Economy, Hawaii Planning, Hawaii Politics, Hawaii Transportation

October 6, 2011

Saddle Road Improvement Project Update

By Aaron Stene

Road and Highway Builders recently completed paving between m.m 11 and m.m 19 on Saddle Road. They’re working on the ancillary punch list items, such as roadway striping, signage and clean up.

I hope Charles and Joan Coupe’s attorneys allow Hawaii County to finalize the condemnation of their client’s property. Joe Kamelamela, Deputy Hawaii County Corporation Counsel, stated :

“Next the county must have the condemnation finalized in Circuit Court, Deputy Corporation Counsel Joseph Kamelamela said. He added he would like to see that happen in three months, but said attorneys for the Coupes may not allow that process to happen easily.”

I hope the Coupe’s attorneys don’t do this. The condemnation of the Coupe’s property was upheld by the Courts. So, they shouldn’t obstruct this process any further.

Hawaii County is waiting for the official order from the U.S Supreme Court. This document is key to finalization of the condemnation. Nevertheless, they’re planning on filing a motion with the Third Circuit Court seeking a Final Order for Condemnation in the meantime.

The Office of the Corporation Counsel advised me that Lloyd’s Banking Group, not the taxpayers, is responsible for the $800,000 to 3 million dollar cost to reproduce documents for Hawaii County’s lawsuit against Hokuli’a.

Kirkland Construction, the winning bidder for the latest phase of the Saddle Road improvement project, still hasn’t returned my phone calls. I’m deeply concerned about their ability to complete this phase on time. Nevertheless, the groundbreaking for this project is slated for October 27th,2011.

I found this comment about my blog by former reporter Hugh Clark confusing. He claims my blog has confusing political rhetoric. I wonder if others feel the same way?

Lastly, I completely agree with this letter to the editor. I wish Olive Garden, Arby’s or a IHOP built a restaurant on the pad fronting the Kona Target, not another McDonalds.

1 comment   |  tags: , , , | posted in Hawaii Development, Hawaii Economy, Hawaii Planning, Hawaii Politics, Hawaii Transportation

October 4, 2011

The US Supreme Court Denied The Coupes Petition

By Aaron Stene

The US Supreme Court denied the Coupes petition for writ of certiorari today. I’m very happy they decided to not to grant the Coupes petition. Judge Ronald Ibarra’s meticulously concise 2007 ruling should’ve addressed all the Coupes concerns. However, they decided to appeal it to the Hawaii Supreme Court in 2008 and 2010.

The Hawaii Supreme Court upheld Judge Ibarra’s ruling both times. The Coupes then petitioned the US Supreme Court to hear their case.

Robert Thomas, one of Mr. Coupe’s attorneys, expressed disappointment over the Court’s decision in a statement posted on his blog. Nevertheless, I wonder if Charles Coupe will comment on this decision. He submitted a letter to the editor in August, which detailed only one side of this litigation.

This decision puts Hokuli’a on the spot. Hokuli’a originally had 60 months to complete the Mamalahoa (Hokuli’a) bypass. Twenty months already have been expended, which left 40 months on the clock.

The clock stopped while the Kelly and Coupe cases were adjudicated. However, I believe it has restarted in light of yesterday’s US Supreme Court decision. Nevertheless, I don’t believe Hokuli’a or the bonding company have the financial wherewithal to complete the bypass within that time frame.

Related item: Bypass road protest dead-ends

2 comments   |  tags: , , , | posted in Hawaii Development, Hawaii Economy, Hawaii Planning, Hawaii Politics, Hawaii Transportation

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