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CARR SMITH: Sid, did you want to respond to that? Just a second, Max. Go ahead, Sid.
<br />FUKE: Am I back on?
<br />CARR SMITH: Yeah.
<br />VITOUSEK: Yeah.
<br />FUKE: Oh, okay. The whole idea is like, you know, substantial completion is like it's a point of
<br />no -return; if you are developer and you are going to have like, just like a residential home, if you
<br />have the rooftop and pretty much all you have to do is kind of like' interior improvements, putting in
<br />the sink and all that stuff, it's a point of no -return, you are going to end up completing it. So
<br />likewise, for this project here, we are just saying that substantial completion, I would imagine that
<br />you can tie it into having the mauka-makai road because -that's a lot of investment that's got to be
<br />made by the developer, not the County, but it's got:to,be made by'the.'developer. And the way the
<br />conditions are structured, no occupancy can be -'issued until the roadway is. completed. So if you
<br />have a lot of, if you expend, almost like a one=third, maybe one-half, of your. investment money on
<br />just putting in to basic infrastructure for the roadway and drainage system, and -at that point in time
<br />you are not going to give up; you're going to see the .project through. So, I can't really say whether
<br />like substantial completion is like having; =like, you know, - of the project - - or whatever have
<br />you, but if you want to tie it down for maybe like substantial completion meaning, for example, like
<br />having completed all of the required drainage -system and new mauka-makai road, even if the project
<br />doesn't, you know, doesn't start up in terms' -,,of residential construction or commercial construction,
<br />you know what happens, you know who wins? The public wins; they've got a new road, and
<br />they've got improved draimage,system. So if.you want"to tie-it"to;that, that's fine.
<br />The other thing, too, is like;�you know,_the five-year, to commence construction. I think that for
<br />those who understand and have gono through development process know how long it takes to get the
<br />required. ,archeological clearances, -;know how long it, takes to get construction plan reviewed and
<br />approved,," ou know, we have to"put,in all that at time. And so, as I mentioned earlier in the
<br />testimony for the public portion—riot public—in my testimony, that it'll be foolish on my part to
<br />say, yeah, next year this projecf-will be-'- security and simple we need to go through all of the
<br />other permitting: `-l..,
<br />CARR SMITH: Okay: ,sI want to let Max ask his question and make his comment, and I want Mike
<br />to go back to his train-6f,
<br />rain of thought on taking us forward. Go ahead, Max.
<br />NEWBERG: And I don't want to interrupt Mike who was making - - - trying to work this out. For
<br />myself, Madam Chair, I would make a motion, and should I be able to get a second, I look forward
<br />to stating my reasons.
<br />CARR SMITH: Uh—
<br />NEWBERG: I'd like to, I don't know where we were at with this thing; if it were allowed to motion
<br />at this time.
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<br />DRAFT
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