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applicant. The party constructing the intersection and access road improvements <br /> (including the applicant) shall be entitled to partial reimbursement from any other <br /> landowner using the intersection and access road as its primazy access to the <br /> Queen Kaahumanu Highway. Reimbursement shall be paid prior to the other <br /> landowner's actual use of the intersection to serve urban development. <br /> Reimbursement by the owner of TMK 7-3-009:003 or 016, or by the applicant, <br /> shall be 50% of the basic cost of full channelization of the intersection, plus 50% <br /> of the shazed portion of the access road. Reimbursement by TMK 7-3-009:004, <br /> 014, and 018, that aze currently in the state land use conservation district and do <br /> not currently have known development plans, shall be pro rata, based on their <br /> projected usage at the time they commence actual usage for urban development, <br /> provided that public shoreline access usage shall not be included in the <br /> calculation. The applicant shall be entitled to a credit for any reimbursement for <br /> the value of its property used for the access road, and shall be entitled to <br /> appropriate protection against liability by any party constructing improvements on <br /> its property. The right of reimbursement shall expire ten years after the <br /> completion of construction of the initial intersection. These provisions for <br /> reimbursement can be modified by private agreement between or among affected <br /> landowners. <br /> <br /> X. The applicant shall contribute its pro rata share to the State Deparhnent of <br /> Transportation to regional road improvements consisting of the following <br /> projects: (1) the widening of the Queen Kaahumanu Highway to four lanes, from <br /> Kealakehe Pazkway to the project intersection, and (2) improvements to the <br /> intersection of the Queen Kaahumanu Highway and Hina Lani Street. The "pro <br /> rata share" shall be the portion of the traffic attributable to the project to the total <br /> traffic on Queen Kaahumanu Highway or the Hina Lani intersection. The pro rata <br /> shaze shall be determined by the Planning Director in consultation with the <br /> applicant and the Department of Transportation, and shall be paid prior to plan <br /> approval or final subdivision approval for the first development increment, <br /> -8- <br /> <br />