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HomeMy WebLinkAboutOctober 18, 2016 SSD ApplicationsPLANNING DEPARTMENT FOR OFFICIAL USE ONLY: - SSD 201�l_ 16 Acceptance Date: ID Website Posting Date: r i4l , I (,a Determination Date: • [3 • (CO Planning Commission Date: Expiration Date: Drl3' Planner Assigned: ('] Instructions: File all information requested under Part A fox processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A licant Information Applicant: PRINCEVILLE ANINI HOLDINGS LLC Mailing Address: 5-3541 KUHIO HWY 0201 PRINCEVILLE, HI. 96722 Applicant's Status: (Check one) Phone: 308-326 3040 Email: ombs@princeville.com Iv1I Owner of the Property Lessee of the Property ❑ Authorized Agent (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: 5-2o-16 County Zoning District: Tax Map Key(s): s-s-oo7:ooz Land Area: n,aaz sF Nature of Development: removal of non compliant improvements in a flood zone. (Description of proposed structure or subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. Properties Abutting the Shoreline ❑ Project's approximate distance from shoreline: Q P ✓�ro ernes Not Abutting the Shoreline Project's approximate distance from shoreline: 460 feet Additional Information: ❑✓ Closest distance of improvement(s) from Shoreline is approximately 100 ft. F/ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: one house, and one unpaved road -1- 3rosns DEPARTMENTPLANNING FOR OFFICIAL USE ONLY: SSD 201 - Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: ❑✓ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) flat, sandy silty soil ❑ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) ;sandy with reef ❑ Artificially armored Shoreline If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): ❑ Is property in coastal floodplain (if checked, what zone)? Hasthis property been subject to coastal hazards in the past? (If checked,_ If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature Signature Date Applicabilitty (to be completed by Planning Department) - Setback D ter inatiq itlecessary. Requirements of Ordinance No. 979 are applicable. Y PLANNING DEPARTMENT :ba If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B Exemption Determination ❑ A non-refundable processing fee of one hundred dollars (S100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Exemption Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to§8-27.2 Determination (to be completed by Planning Department) Pursua�'it to §8-273 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposd strut re ) or subdivision(s) as exempt from those shoreline setback determination requirements est�b 'shed er H-27.8. �. Date 3- 3rosiu 9 \ qw \ \ j i� 2 n1 D Z y b ro a ��_ ��e a �`8� G.q �"i (R �; �`? g " �a a 4 .� r b ; y 0 uc Ne.IR Tie /"=100 Nw E G000lt earl FOR OFFICIAL USE ONLY: SSD 2017T - JLp Acceptance Date: 10, Website Posting Date: -( - Determination Date: Planning Commission Date: ,[E Expiration Date: l Planner Assigned: La J Instructions: File all information requested under Part A fox processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A licant Information Applicant: DESMOND WHITCHURCH, BARBARA KARSHMER Mailing Address: 765 MARKET STREET, APT. 28F SANFRANCISCO, CA A lica f s Status: (Check one) Phone: 415-777-1105 Email: barbara.karshmer@gmail.com ✓ Owner of the Property Lessee of the Property Q✓ Authorized Agent I (Holder of at least 75 % of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide aLetter of Authorization. Attach Letter of Authorization Transmittal Date: 7-20-2016 County Zoning District: RR-m Information (attach additional Tax MapKey(s): e-a-ol2:ot1-oozsurmraztz Land Area: s.ost ac Nature of Development: REPLACEMENT OF ATRIUM ENCLOSURE (Description of proposed NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27,1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, ✓� hotos and/or documentation. Properties Abutting the Shoreline 330 FT F/ Project's approximate distance from shoreline: Pcities Not Abutting the Shoreline ro Project's approximate distance from shoreline: Additional Informatiion: ❑✓ Closest distance of improvement(s) from Shoreline is approximately 150 ft. Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: E UNIT IS ON THE SECOND FLOOR SET BACK FROM OTHER UNITS BELOW, THE OUND FLOOR UNITS ARE CLOSEST TO THE CLIFF. -1- 3/OS/15 DEPARTMENTPLANNING FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: Detennination Date: Planning Commission Date: Expiration Date: Planner Assigned: ❑✓ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) j FLAT GRASS TO VERY STEEP ROCKY CLIFF TO BEACH BELOW ❑✓ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) ------------ HIDAWAYS BEACH AND STEEP ROCKS ❑ Artificially armored Shoreline If checked, what type of armoring (e.g. seawall, revetment, bulkhead): Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): ❑ Is property in coastal floodplain (if checked, what zone)? Has this property been subject to coastal hazards in the past? (If checked, If the proposed structure or subdivision is within the shoreline setback mea Then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kaua`i harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature i LT Setback 13�terfirrina�n nA�cessary. Requirements of Ordinance No. 979 are applicable. LDS —2- 3iosi�s PLANNINGDEPARTMENT ir41WWVVMJ,1L If Part A has been deemed thaT a Determination will be necessary, the additional information will be required for submission of this application. Part B Exemption Determination A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) Exemption 1 Incases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, f elevation, and the history of coastal hazards in the area.. Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑✓ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement" pursuant to §8-27.2 Pursuant to §8-27.3 the Kauai County Code, 1987 as upended, the Planning Deparhent hereby certifies the propose s cture(s) ors ivision(s) as exempt from those shoreline setback determination requirements establi e under §8-27. . P] recto siand Date -3- 3ro�n % . \ 2 / D\ ® Bernard P. Carvalho, Jr. Mayor Wallace G. Rezentes, Jr, Managing Director DEPARTMEiVT OF PUBLIC WORKS County of Kauai, State of Hawaii 4144 R1ce Street, Suite 275, Lihu`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604 September 6, Z016 Mr•. Matthew h. Schaller PO BOX 120 Hanalei Hi 96714 Lyle Tabata Acting County Engineer Subject: SIIORELINESETBACI�.APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION PU`U PO`A CONDOMINIUMS, UNIT 212 (BUILDING 2) TMK: (4) 54-012:011-0026 OWNERS: DESMOND WHITCHURCI-I, BARBARA KARSHMER PW 08.16.150 Dear Mr. Schaller; The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordnance No, 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the ma lcet value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural parr of the building commences, whether or not that alteration affects the external dimensions of the structure." The Bepartment of Public Works (DPW} Engineering Division has reviewed the project that proposes fire replacement of the atriwn enclosure fox Unit 212 at the ftr`u. Po`a Condominium. The structure contains 24 units. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. tYlarket �rrlue There were 5 total building permits approved for the simcirue within fhe past 10 yeazs and 1 building permit "In Plan Review". The first permit, BP No. 11-1559, was approved in 2011. Therefore, the market value used in the calculations is the Replacement Cost New Less Depreciation (RCNLD) value in 2011 for the structure. The 2011 RCNLD was determined to be $10,854,314 for Building No. 2. The Engineering Division has used the RCNLD as determined by the County's Real Property Assessment Division in its calculations. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared Ara Eqazal Opportunity E�nptoyer• Desniod Whitchu ch, Barbara Kaisluner P4'tf Po`a Condominiums, Hanalei September 6, 2016 by a profcssional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). Cost of Improvements The cost of past building permits is taken to bathe valuation shown in DPW FSuilding Division records. The total cost of improvements for the proposed replacement of the atrium enclosure is taken to be the cost estimate of $58,600 that was provided in the proposal by Michael Lander Inc, dated August 22, 2016. The total cost is summarized as f6llo4vs for the past 10 years: BP 11-2062 $20,000 i --._....-- — ------- BP 11-1559 --------..__ _ _------ ' $30,000 �-------------- ----------------� `--------------; BP 12-1298 $120,000 ' BP 15-0611 —— ------ F-------------� $90,000 1 15-1690 $5,400 -BPBP ---------"--------"--' BP 1.6-1049 (In -------------- Review) i $500,000 j ——------------------ — CURRENT BP ----------, Total -----------`— ------ $824,000 Summary The cost of improvements compared to the market value is: Cost of finprovements (past 10 years}: $824, 000 Market Value (Real Property): $10,854,314 — 0.07591 or 7.59% Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. Based on om .records there were no other pernuts for the stluctore within the past ten years. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated. Tf you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamoto0� auai.aoy. Sincerely, ��y'� MICHAEL MOUL Chief, Engineering Division SIBV Copy: Design and Permitting Planning PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY:, SSD 261-T- Acceptance Date: 'ID • 13 41 Website Posting Date: 49 Determination Date: Planning Commission Date: IVA Ex iration Date: 'O' 12 -/l Planner Assigned: Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. Information A licant information Applicant: Kapaa Shore (Neill Sams agent) Mailing Address: A Iicant's Status: 4-0900 Huhio Highway Kapaa. Hawaii, 96746 (Check one) Phone: 808-65IA237 Email: hind@aioha.net � Owner of the Property i�J Lessee of the Property Authorized Agent (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: 9/22/2016 County Zoning District: R20 (attach additional Nature of Development: 7'x13' Accessory shed (Description of proposed structure or subdivision) 4-3-009-004 Larid Area: 183,219 square feet NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT A5 PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. Properties Abutting the Shoreline Project's approximate distance from shoreline: Properties Not Abutting the Shoreline Proj eet's approximate distance from shoreline: Additional Information: 152' �✓ Closest distance of improvement(s) from Shoreline is approximately ft. Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: proposed Tx 13' Accessory building 152' from wash of waves, separated from the ocean by an existing condo building. -1- 3insi�s r FOR OFFICIAL USE ONLY: SSD 201 Acce tance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: 0 Topography (undulating, flat, slope, eto.) and ground elevation of subject parcel (Lowest and Highest elevations) flat, drop off at the VE-11 shoreline, zone x for the proposed shed location & majority of the site, Q✓ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) grass, until rocky vegetation line, sand and coral mix at beach protected by coral reef, Artificially armored Shoreline If checked, what type of armoring (e.g. seawall, revetment, bulkhead): Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): 0 Is property in coastal floodplain (if checked, what zone)? vE-11 Has this property been subject to coastal hazards in thepast? (If checked, If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature Signature Setback —r' for Kapaa Shore 9/22/2016 be Date No. 979 are applicable. Date -2- 3rosns ' DEPARTMENT If Part A has been deemed that a Determination will be necessary, the additional infoxn�ation will be required for submission of this application. Part B Exemption Determination ❑✓ A non-refundable processing fee of one bun dred dollars ($100.00) shall accompany a request for determination. (§8-27,8(e)) Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: rAp (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the properly is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 " In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to §8-27.2 § 8-27. C}11e ICaua`i County Code, 1987 as amended, the Plannhrg Deparhnent hereby certifies 1 ructure ) r subdivisions) as exempt from those shoreline setback determination requirements under § �.8. Date -3- 3/os/ss 01 Oki 0 Lauris Batemen Board President Kapa'a Shore AOAO 4-0900 Kuhio Hwy Kapa'a, HI 96746 September $, 241.6 Neill Sams High Tech Drawing and Design To Whom It May Concern; This letter is to inform you that Nei4Sams of HTAA is authorized to apply and obtain permits on behalf of The Association of Unit Owners of Kapaa Shore at the location 4- 0900 Kuhio Hwy, Kapa'a, HI 96746. Permitting is restricted to permits related to developing and implementing an ongoing water treatment at the location above. The authorization will including but not limited to structures, electrical and plumbing as it elates to the water treatment program. rf� Sincer�'� v l� Lauris BaterrI n Kapa'a Shore AOAO Board President DDC HU •io®645 � •fie;: LAND COLL URT 11 OFFICE OF �I ASSISTANT REGISTRAR I RECEIVED FOR REGISTRATIOt x I; AUG 12 1nc 9 3 O'CLOCK �JA r NOTED ON•CERTIHCATE No IN REGISTRATION BOOK � CB � AsstsTArR TT� sr t -� x I TRANSFER OF CERTIFICATE OF IIIlE ISSUED r ANJ TRANSFERRED INTOrr 61 - r j r Pr REGISTRATION BOOK PAGE® Y I ILING CERTIFICATE NO. �. <� ORtC! Of TNt ♦UMMAf/1 asoesTw I_ ,i LAND COURT IIF,\ti11.LK, C[IYRUY h IIA111L9ri\ �I ATTOIINETN AT I.AW ltla Flew HAA'w1IAN BANK Hull.n[rta HONOLULU, HANVAII 98619 , 9 yI r;:. '> HENSNAWo CONROY & Hal it . AFTER RECORDATION: ADDRESSEE.~ f >9 "_e;t)J T ' / HEFSHAW, CONIiOY a AItTOI,NEYS A'I" LAW n completed: Mail Pick up i Reques* AbG 12 PH 3 1 / Cv.E,✓ji .ram• WDIXF� // RWISU AA Space abovo this line for s use THIS INDENTURE OF LEASE, made tftis .day of 1967, by and betwuvn SH1GE OTSIIKA, widow, of Kapaa, Kauai; State cfhFItawaii, hUreinatter called "Lessor," and WALLACE ALLAN DYER, whose wife's'name is Doris May Dyer, and �ho�e residence and post office address is 127 Dowsett Avenue, Honolulu, City and County of Honolulu, State of Hawaii, hereinafter called ^Lessee`;" ' W ITNESSE TH THAT: For the term, at the rental and upon the conditions, covenants and agreements hereinafter iexgressed and subject thereto, the Lessor does hereby demise and rlet unto the Lessee, . and the Lessee does hereby lease and hire from the ,Lessor, the following described property: FIRST: All.those certdin parcels of land situate at Waipoule, District of Kawaihau, Island and County of Kauai, State of Hawaii,. described as follows: F_ ;;l..Lot 250 area 8,242.0 Square feet; 1,11I ��l!ii'l 16 Lot 26, area 8,090.0 square feet; Lot 27, area 7,938.0 square feet; Z a�i Lot 28; area 7,785.0 square feet; w a Lot 33, area 9,375.0 square feet; Lot 34,,arei}. 9,375.0 square feet; Z Lot 35, area 9,375.0 square feet; 0 Lot 360 area 9,289.0.square feet; Lot 39,,area 10.103.,0 square feet; ILA s Lot 40,. are4-'].7,021:0,_square feet; 0 d y Lot 41 aiea.ZS 197 0 square feet; Ie�l a.._ Loi. area 14,776.0square fee " Lot 430 area 320664.0 square feet; and Lot 45, area 26,764.0_ square feet (be itrc — — common roadway for allots adjoining it, as shown on Map 4, Land Court Application No. 276). Note: Lot 45 and Lots 25 to 28, inc,lusive, will be disposed of and conveyed together with and will have access to Kauai Belt Road over Lots.C, H, J, K and L, respectively, of "Niulani Tract7 (First Addition); File Plan No. 435, as created by Land Court Order' No. 7704, filed September 26, 194710 BEING portions of the land described in Land Court Transfer Certificate of II Title No. 39,132. SECOND: All those ceitaRn parcols of unregistered land, situate at said 'daipoule, and designated on File Plan No. 435, of "Niulani Tract," (First Addition) on file in the Office of the Registrar of Conveyances, State of Hawaii, i�n HPPnolulu aforesaid, and on said File Plan designated as fellows: Lot C, area 780 square feet; Lot H, area 1,133 square feet; Lot J, area 1,285 square feet; Lot K, area 1,437 square feet; Lot L, area 1,590 square feet. BEING portions of the premises mentioned or - described in Deed of Lillian Clayton Hrewer, Grantor, to Suekichi Otsuka and Shige Otsuka, dated October 9, 1947,' and recorded in the Bureau of Conveyances in Liber 2074, pages 309411. Said Deed dated October 9, 1947, was later amended by Correction Deed dated Novem- ber 9, 1948, which is recorded in said Bureau of , Conveyances in Liber 2182, Page 15. The aggregate area of the land demised is 183,219 square feet. i TO HAVE AND TO HOLD the same, together with all buildings, improvements, tenements, rights, easements, privileges and appurtenances thereon or thereunto belonging or appertaining or held and enjoyed therewith, unto the. -Lessee for a term of fifty-five (55) years, from October 1, 1967; .to and including September 300- 2022, unless said term shall be: sooner terminated as hereinafter provided, the Lessee yielding ,K 9, ._. and paying thereto: into the Lessor rental an fc. .,ws For the first twenty -Five (25) years of the term, from October 1; 1�967, to and including September 30, 19929 the sum of $15,000.00 per year, payable in equal semiannual installments of $7,500.00 the first day of October and the first day of April; PROVIDED, EVER, that the'Lessor hereby waives rental for the first it of the term, from October 1, 1957, to and including Septem- bc: 301 1966, or until the completion of the first increment of buildings on the demised premises, or until the Lessee shall have commenced doing business on the demised premises, whichever event shall first occur. For the remaining thirty (30) years of the term, the rental shall be determined as hereinafter pm provided. THE LESSOR HEREBY COVENANTS WITH THE LESSEE that, upon ;payment by the Lessee of the rental as aforesaid, and upon the observance and performance of all of the terms, covenants and conditions and agreements herein contained and on the part of the Lessee to be observed or performed, the Lessee shall peaceably hold and enjoy the demised premises during the term hereof without hindrance or interruption by the Lessor or anyone lawfully or equitably claiming by, through or under her, except as aforesaid. THE LESSE$, IN CONSIDERATION OF THE PREMISES, HEREBY COVENANTS AND AGREES WITH THE LESSOR as fellows: 1. That he w311 pay.the said rent to the Lessor,: or'to-such agent as Lessor may from time to time designate; in -legal tender of the United States. of America as hereinabove provided, without any deduction and without any notice or demand. 02.,, T?:at—hellwill pay when d'e all taxes, rates, assessments, impositions, duties, charges and other outgoings of every kind and nature whatsoever, which shall during the term of this lease be lawfully Charged, assessed, imposed, become a lien upon or grow due and payable upon or on account ff each and every part and parcel of the land hereby demised and the improve:zents, both now and hereafter built thereon, 1 itether payable or dischdrgeable by law byeithez the Lessor b or the Lessee, including all asse6sments and charges for any permanent benefit or improvement of the premises hereby demised l �or any part thereof, made under betterment law or otherwise, and all assessments and charges for sewerage or street improve- ment or municipa} or other charges whichA may be legally i imposed upon said iremises or any part thereof or to which sai3 premises or any part thereof or the Lessor or the Lessee in respect thereof are now or may during said term become liable; PROVIDED, HOWEVER, tiat where such taxes, rates, assessments, impositions, duties, 1_harges or other outgoings may be paid in installments, the Lessee shall pay only those installments, together with interest on unpaid balances, in respect of periods which fall wholly within the term of this lease and a proportionate part of any installment in respect of a period only a portion ofIwhich falls within the term of this lease, it being expressly understood and agreed that the, Lessee shall have no responsibility for the payment of any installments of taxes, rates;" assessments, impositions, duties; charges or other outgoings above referred to which are, payable in respect of any period falling wholly outside of the term s.rt.: r . - - of this lease, al taxes, assessments, rates-and-charges:for::;,= PROVIDED, FURTHER, that nothing .in this lease contained shall require the Lessee to pay any franchise, corporate, state, inheritance, succession, capital levy or transfer tax of the sor. v!: 3. That he will, adhio own expense, at all times ring the said term, well and substantially repair, maintain, i am: nd and keep all buildings ad improvements now or hereafter built on the land hereby demised with all reasonable reparations and amendments whatsoever; and will keep the demised premises j and all improvements thereon in a�strictly clean and sanitary condition; and will observe, perform and comply with all laws, ordinances, rules and regulations of the health or/other govern- mental authorities applicable to said demised premise's; and will allow the Lessor or her agents free access to the demised premises at all reasonable times for the purpose of examining i the same and determining whether the covenants herein are being fully observed and performed, and will make good at his v own cost and expense all repairs and amendments reasonably necessary of which notice shall be given within thirty (30) days after the giving of such notice; and will pay for all repairs and any alterations and additions to the improvements ; now or hereafter located upon said demised premises and shall protect and hold harmless the Lessor and the demised premises_ (including the carrying of such bond in such amount and in such company as the Lessor may approve, conditioned to protect the Lessor and the demised premises from any mechanics liens) from any and all liens of any kind or character which `may bIa levied for labor performed or materials furnished in -'connection te CER6642 rasi:137 — with the erection, maintenance_, repair or alterations of any Iimprovements now or hereafter placed upon said demised premises, and will indemnify the Lessor against all actions, suits, damages and claims by whomsoever brought or made by reason of j .e nonobservance or nonperformance of the said laws, ordir(ances, Iles and regulations, or of this covenant. 4. That he will, at his own expense, during the whole of said term, make, build, maintain and repair all sewets, drains and sidewalks which may be required by law to be made, j built, maintained and repaired upon, adjoining or in connection +ff with, or for the use of said demised premises or any part thereof. 5. That on the expiration of the term hereby demised, ! or sooner determination thereof as in this lease provided, he will peaceably and quietly leave and surrender and deliver up to the Lessor possession of the demised premises, together with r all improvements thereon, in good repair, order and condition, r reasonable wear and tear excepted, it being understood and agreed that, if the Lessee shall at that time be in good standing without any then existing default or violation of any previous covenant or Condition in this lease contained but not otherwise, the Lessee may then remove from said premises all trade fixtures placed by him on said premises on the express condition that the Lessee replace and repair, all damage to said premises caused by or resulting from the removal of such fixtures. 6. That, except asd:hereinafter provided, he will not, without the prior written consent of the Lessor, asdign or mortgage this lease or sublet the whole of the demised praises; PROVIDED, HOWEVER,:'>Aa) that the Lessor s and she hereby. rees that she will not caps ioualy or without I ie;sonable b"r just-caulIse refuse to grant such consent to any proposed assignment o$ mortgage of this lease, or to a sublease of the whole of the demised premises; (b) that the Lessee shall not be required to pay any sum of money or other consideration to:the Lessor for such consent other than a reasonable fee for; the preparation and processing of such consent; (c) that the Lessee may assign this lease to a corporation formed by him in which he shall own more than fifty per cent (501) of the f capita'1 stock; and W) that the Lessee may at any time without consent sublet or rent out any rooms, apartments, cottages, ! units or other spaces within any building or structure in the usual and normal course of the operation of a hotel, apartment- hotel oir building. 7. That he 'Will hold the Lessor harmless from any claim or demand by third,persons for loss or damage, including claims for property damage, personal injury.or wrongful death, I arising out of any 'accident on the demised premises, including the sidewalks, if any, A front of or around the same; or occasioned by any nuisance made or suffered on the premises, or by any fire thereon, or growing out of or caused by any 6 failure on the part of the Lessee to maintain the premises in a safe condition, and will reimburse the Lessor for any 1 attorney's fees or other costs in connection with the defense of any such claim. 8. That he will:not_suffer, make, commit or permit any waste or strip or unlawful or improper or offensive 'use ''- of said premises or any part.;thereof. 9; That; Lessee.will, at Lessee's own expense, -keep.. all buildings and improvements now or hereafter on the land ' nereby aemisea insurea triroughou%. thet.�eym againsv lom'_ or. damage by fire, includidg extended coverage, and war risk insurance during time of war when the same is issued by the United States Government, in an insurance company or companies approved in writing by Lessor, The policy or policies evidencing such insurance shall, by endorsement or otherwise, name Lessor and Lessee as assureds. So long as there shall be in effect a mortgage coverind the premises, which mortgage was permitted i -6 j to be made by the terms of this lease,''such policy or policies shall also name, by II endorsement or otherwise, the mortgagee and shall provide 4hat� such policy or policies shall not be invalidated, as to the interest of the mortgagee therein, ,by .,.. any act or neglect of the mortgagor orjowner of the±property. nor by the use of the premises for purposes more hazatdous than permitted by such policy or., policies. Such policy or policies. shall be written with respect to the. existing improvements in an amount equal to the full insurable depreciated value thereof, and with respect to the new improvements to be erected by the Lessee, in an amount which in the aggregate shall be at all times during the term equal to the full replacement value of said buildings and improvements. So long as any such mortgage i shall be in effect, loss if any shall be payable to the mortgagee only; otherwise, any loss shall be payable to Lessor and Lessee, as their interests may appear. Lessee will pay all premiums for such insurance, and will deposit the 'originals of all sh insurance policies with the mortgagee, during the.exiatenceJll i uYtf any mortgage, otherwise with the Lessor. If, following"any damage to or destruction of said buildings and, `s s, g g improvementaF for any.,reason Lessee shall be unable .ta retsuiIdr. refnefate� a.cscaa.- after in the paragraph required, or shall elect to surrender this lease (in the circumstances hereafter stated), the mortgagee may, at its option, apply such insurance proceeds toward the .ortgage debt. However'. if Lessee is not entitledibr does ;ot elect to surrender this lease and the use of the Insurance proceeds would enable Lessee to rebuild or replace and repair said buildings and improvements according to the orig Lnal plan and elevation thereof, or according to such other plans and specifications as may be approved by Lessor and the mortgagee, then the mortgagee (or Lessor if no such mortgagee shall then exist), shall make such insurance proceeds available to Lessee for such purpose. Unless said buildings and improvements are damaged or destroyed during the last ten (10) years of the term, Lessee must rebuild or replace and repair said buildings and improvements in the manner hereinabove described, making up out of Lessee's own funds any deficiency between the insurance proceeds made available by the mortgagee or Lessor and the cost of so rebuilding or replacing and repairing said buildings and improvements. If all or any of the buildings and improvements on the premises shall be damaged or destroyed at any time during the last ten (10) years of the term, and if the insurance proceeds are insufficient to restore the building or buildings and improvements in accordance with the original plans and specifications or such new plans and specifications as may be approved by Lessor and any such mortgagee, or if such rebuilding or replacing and repairing is not permissible under the laws and regulations then in effect, then Lessee may, at -Lessee's option, cancel this lease. In thewent Lessee shall said premises pbc. �l improvements thereon, al thereby become. jhol.I-y —ves'ted wi.th e1I right, title wnd interest of the Lessee therein dnd may exel and remove from the said premises the Lessee or those claiming under him, and his effects, all without service of notice or resort to any legal process and without ing deemed guilty of any trespass or becoming liable for any .,ss or damage which may be occasioned thereby, and without rejudice to any other remedy or right of action which the Lessor may have for arrears of rent or for other or preceding breach of covenant of this lease on the part of the Lessee; and PROVIDED, FURTHER, that any bankruptcy, insolvency or other debtor proceedings, in or,out_of court, by or against anyone other_. than the parties, then. entitled to possession of the;,;,y preen}ses and primarily responsible to the Lessor for the payment of rent and the performance of the Lessee's covenants, whether such party or parties'are the. Lessee named in.this lease or a permitted assignee or assignees of the Lessee, Shall not be i considered a default or grounds for termination of this lease. AND IT IS FI!"f2THER EXPRESSLY AGREED AND DECLARED that the acceptance of rent by,the Lessor shall not be deemed to be:' a waiver by her,of any breach by the Lessee of any term, covenant or condition of this lease herein contained, nor of the Lessor`"s right to declare and enforce a forfeiture for any such breach,.'_ and that the failfire of the Lessor to insist upon strict x performance of any of the"terms, covenants or conditions o ' lease, or to exercise any option.. herein conferred in any Otero more instances shall not he_aQgstrued as a waiver or re in meet for the fpture of any such terms, covenants, condiions;oz option, but the same shall be and"remain.in-full .force and a n eBERiE3`��YABf� rJ2 21 i enforced -+the Lesaor shall �e written oti ara ?2 § gie , i1 by �eq�#atsYed mail to the Lessee of the breach constituting the ground of forfeiture and the Lessee shall have thirty (30) days from the date of receipt of such notice by him within which to remedy or cure such breach, and if such }reach shall be so cured or remedied, 'i.en such bread shall be waived and no forfeiture shall be :forced for such breach, but if such breach shall not have been IL o remedied or Lured within said period or within such additional Lime as the Lessor may allow, then•the Lessor may enforce her right of forfeiture, j That Ithelterm "premises" when it appears herein tIT.Includes and shall be deemed!'to include .(except where sgch= WI meaning would be clearly repugnant'to the contextY,the premises F more particularly hereinabove described; that'.the@term ,Les`sIr shall 'include the Lessor aboye,named, her heirs; executors, F administrators and assigns, and the term "Lessee' when ;it appears herein shall include the Lessee above named, his heirs, executors, administrators and permitted assigns. y The Lessor may, and from and after her death her successors in interest shall, appoint and maintain a Hawaii corporation as agent, having an office in Kauai, for the purpose of receiving payment of rent, to receive notices as in this. ` lease required, and to grant consents and approvals as hereiki:':_:''" tfh provided, and otherwise act.forand on behalf of thexLssso under each and all of the provisions of..this = v `event said persons as Lesson shall --':change the agaYit� Q, in writing shall be given by such'Lessor to the Lea a of I St cancellation of the appointment oP"asy ggeai and theepn ,yI. 00 ment bf a new agent. a r �? nnyu>>ng to the contrary herFin notwithar nding, :! tho Lessee or his permitted assigns may apply,,without further consent from the Lessor, to the proper governmental agency or agencies for rezoning of said premises to permit a hotel and/or resort use, and 4the Lessor agrees to join in any application! f requested by the Lessee. IN WITNESS WHEREOF, the parties hereto have executed his instrument the day and year first above ritten. es IGE OTSUKA N 1,� LeS$O4r T F i STATE OF HAWAII ) COUNTY OF lVq��� ) `• On this day of U VU UW 1967, personally appeared before me SHIGE OTSUKA, to me known toI. be the person described in and who executed the foregoing insfxu= ment, and acknowledged that she executed the same as her;-f Y. act and deed. Notary Public II4A, CA a .I, ITT ki LW My comet: Kson expiresi ',. ' :h1. � uees6542.��cE154 STATE OF HAAll SS.: r CITY AND COUNTY OF HONOLULU On thisC day of L" c_.1967, n personally appeared before me WALLACE ALLAN DYER, to me known be the person described in and who executed the foregoing ument, and acknowledged that he executed the same as his f act and deed. ) ��lot�ary.P lic, Fir cial ;;�;� Circuit, tate of gawaii �7 My commission expires 4 rr Pr 1 _ ,. �4 : FRONT LEFT ACCESSORY EQUIPMENT SHED ELEVATIONS sceac: sHe" = r-o 477 IN dI x IF L� I DEPARTMENT OF PLANNING I COUNTY OF KAUA`I DEPARTMENTAL DETERMINATION REQUEST FORM Fill out and e-mail this form plus supporting documentation in Adobe PDF format to: o[anningdeterminationscm kauai.gov TMKNUMBER: (4)-3'00M04 NAME OF OWNER*: Neill Sams, agent for Kapaa Shore PHYSICAL ADDRESS OF PROPERTY: 4.0900 Kuhio Highway, Kapaa, HI CONTACT PHONE: 80M51.4237 CONTACT E-MAIL: htdd@aloha..net TYPE OF DETERMINATION REQUESTED (Please Check Applicable): 0 A. Clarification or interpretation of enforcement relating existing permitting conditions imposed either by the Planning Director or Planning Commission B. Confirmation of Additional Dwelling Unit availability on a parcel C. Voluntary Cancellation or Withdrawal of Permits and Permit Applications D. Confirmation of Non -conformities or Pre -CZO status for a parcel E. Confirmation or Clarification of previous Director or Departmental Determinations F. Boundary interpretation G. Confirmation of any open violations on the property H. Applicability of Special Management Area "Development" definition to a proposed use * I am the legal title holder to the property and have 75% or more legal or equitable interest in the parcel of record, have written authorization to act as an agent for the property owner with 75% or more legal or equitable interest in the parcel of record or am leasing the property (please attach proper authorization documents). By signing below I understand a determination is only a regulatory interpretation by a government official which could be subject to appeal or challenge. I further understand a determination does not necessarily bind the County to specifically perform in such a manner if relied upon by the applicant in the course of its development or construction activities. I further understand that reliance on a determination is at my own risk and recognize I must rely on my own due diligence. Neill Sams ,ad�aa�a�a�Fa�s 9/8/2016 Print Name and Signature DATE F: �i / \ � � �� \ � �\����: \� � � � � � . , � y y: .�����. /� � � �<� « �� \ �� �/�, PLANNING DEPARTMENT ia#. IV:LA. ,. 1'► FOR OFFICIAL USE ONLY: SSD 201 - Acoe taace Date: () Website Posting Date: Determination Date: ') Planning Commission Date: Expiration Date: i Planner Assi ed: Instructions: File all information requested under Part A for processing the Betermination of Applicability (§ 8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A licant Information ' Applicant: Jon Kegle / Cogent Designs �6( �(3cuinete Address: P.O. Box 617 1 Phone: 652-0015 Kapaa, HI 96746 Email: 'on co entd.com A licant's Status: (Check one) Owner of the Property Lessee of the Property ® Authorized Agent (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: Pro ect Information (attach additional sheets, if necessary) County Zoning District: qg Tax Map Key(s): 5-2-010:007 Unit 2 Land Area: 21,013sf Nature of Development: (Description of proposed Structure of subdivision) 'ocfoa�r w413 Leo�jrj f �}ac �e �33dkao \ -A�o e%' 4" `v {s ` NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. ❑ Properties Abutting the Shoreline ❑ Froject's approximate distance from shoreline: ® Properties Not Abutting the Shoreline ® Project's approximate distance from shoreline: 270' ❑ Additional Information: ❑ Closest distance of improvement(s) from Shoreline is approximately 270' ft. ® Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: I Kalihi�----wai Road lies between the subject parcel and the shoreline 226/1S G e■ PLANNING • $k AL�; .. ° FOR OFFICIAL USE ONLY: SSID 201 Acceptance Date: Website Postin Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etcJ Artificially armored Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): Is property in coastal floodplain (if checked, what zone)? Has this nronertv been subiect to coastal hazards in the past? (If checked, If the proposed structure or subdivision is within the shoreline setback area then, please be awaze that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kaua` i harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature Date [ >AQpllealll�itY ltsbesar€utrle€�l�Bsa l�lantoan_&. of Ordinance No. 979 apply, submit full application. Date 2 2126/IS PLANNING DEPARTMENT oL If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B Exemption Determination ❑ A non-refundable processing fee of one hundred dollars ($106.3 0) shall accompany a request for determination, (§8-27.8(e)) ❑ Exemption I In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. ® Exemption 2 in cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to§8-27.2 Ex®m tion Determination (to be c per tic to 1 by Flannhig _Dep arfinegt) Pursuant to §8-27.3 aua`i County Code, 1987 as amended, the Planning Department hereby certifies the proposecture(s) or subdivisions) as exempt from those shoreline setback determination required established under 27. �PJ Date 3 2/26/IS I, Greg Saflco, owner of lot T.M.K. (4) 5-2-01 d:dd7, Unit 2, enable Jon Kegle of Cogent Designs to act as the Authorized Agent regarding any pen -nit submittal and processing for the aforementioned property. rT Greg Saflco'.'