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prior to the applicant securing final subdivision approval,that in position will carry on to its <br /> successors and assigns. So, with that being said, the suggested language that we offer at the end <br /> of Condition I basically states that"In the event the pro-rata share is not paid prior to the receipt <br /> of final subdivision approval, restrictive covenant(s) in the deeds of all proposed lots shall <br /> specify the pro-rata share obligation contained in this condition. In that event, a copy of the <br /> proposed covenant(s)to be recorded with the Bureau of Conveyances shall be submitted to the <br /> Planning Director for review and approval prior to the issuance of Final Subdivision Approval. <br /> A copy of the recorded document shall be filed with the Planning Department upon its receipt <br /> from the Bureau of Conveyances." <br /> And again, this is just clarifying language to make sure that the proper documentation is put forth <br /> in the deeds so that future landowners of these lots are made fully aware of their obligation <br /> should the road be widened. <br /> The second proposed amendment to the end of Condition S which is the Fair Share Condition. <br /> That speaks to Condition H which states that"Prior to Final Subdivision Approval, the applicant <br /> shall install necessary safety devices for example guardrails along the subject properties Old <br /> Mdmalahoa Highway frontage, provided no utility relocation is required, if required by the <br /> Department of Public Works". The applicant will not forsake any necessary safety <br /> improvements if required by the County but also, let it be known that the subject property has <br /> about 1,100 lineal feet of frontage along the Old Mdmalahoa Highway. If deemed necessary the <br /> applicant would be willing to provide these safety improvements the guardrails but, understand <br /> that that safety improvement not only benefits the 7 lots being proposed by this project, but it <br /> will also provide for the safety of all users of that roadway. So, we feel that it is only reasonable <br /> and fair that the cost of those improvements should it be required by the County be credited <br /> against the applicant's roadway fair share contributions. <br /> So, I hope I made myself clear enough, but anyway with that being said we stand ready to <br /> answer any questions that the Commissioners may have. <br /> UN: Thank you Mr. Arai. Any questions from the Commissioners? Vice Chair Galimba. <br /> GALIMBA: So, I wanted to ask about that last condition, the fair share. So, um', I'm to <br /> understand that then it would be credited against the road and traffic improvements assessment <br /> so the maximum that would be credited would be the $6,699 that's listed in the recommendation. <br /> ARAI: That is correct. <br /> GALIMBA: So, anything over that would just be part of what they would be supplying to the <br /> improvements correct? <br /> ARAI: That is correct. <br /> UN: Any other questions Commissioners? Commissioner De Luz. <br /> 5 <br /> EXHIBIT B(DRAFT) <br />