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13. September lg, 2000: Ordinance No. 00-105 was approved by the County Council, <br /> which aanended Condition M and M(2) (commence and complete construction of <br /> propased facilities). <br /> 14. Apri132, 2004: date of Letter from the Planning f7reetor to the applicant. responding <br /> to the applicant's request for an amendment to Condition C of Ordinance No. 00-105 <br /> as detailed in its letter of January 12, 2001. Condition C requires that final subdivision <br /> approval be secured within five (5) years of the effective date of the ordinance or by <br /> July 3, 2001. Based on information provided by the applicant, the Planning Director <br /> determined that non-performance is the result of conditions that could not have been <br /> foreseen and is not the result of fault or negligence. Therefore, the Planning Director <br /> granted a five (5) year extension of time until July 3, 2001 to comply with <br /> Condition C. <br /> <br /> 15. Condition M of Change of Zone Ordinance No. 00-105 state the following: <br /> "To ensure the Goals and Policies of the Recreation Element of the General Plan are <br /> implemented, the applicant shall: <br /> "(1) Subdivide and convey in fee, approximately 10+ acres of land within the <br /> project site, to the Pu`uanahulu Community Association or its designee for <br /> development as a community park, within six (6) months from the effective date <br /> of this amendment. The applicant shall be responsible for payment of the <br /> park's real property taxes and liability insurance for a two year period after its <br /> conveyance to the Pu`uanahulu Community Association; <br /> " (2) as represented by and committed to by the applicant, construction of the <br /> community park and community recreational center shall commence no later <br /> than December 1, 2000 and be completed no later than March 1, 2001, and the <br /> construction of the volunteer fire station shall commence no later than March 1, <br /> 2001 and be completed no later than July 1, 2001; and <br /> "(3) the applicant shall provide metered potable water service equal to three (3) units <br /> of water, as units are defined by the County Department of Water Supply for <br /> use at the community park. Upon the County's request, the applicant shall also <br /> -4- <br /> <br />