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<br /> <br /> <br /> <br /> <br /> <br /> <br /> Mr. Christopher Yuen <br /> November 20, 2003 <br /> Page 2 <br /> <br /> Nature of Request <br /> <br /> The, applicant Daikyo Pacific, Inc., hereby requests an amendment to Condition <br /> B of Ordinance No. 91 71 to allow the submittal of the required SMA application within <br /> a year of the effective date of an amendment to this ordinance. It should be noted, <br /> however, that the applicant intends to file the required SMA application hopefully within <br /> the next month or so to enable the concurrent processing of the time extension request <br /> and SMA application. <br /> <br /> JUSTIFICATION OF REQUESTS <br /> <br /> In making this extension request, the applicant respectfully requests your taking <br /> the following into consideration: <br /> <br /> 1. The applicant's inability to perform within the stipulated period was a <br /> result of conditions that could not have been foreseen or were beyond the <br /> control of the applicant and not attributable to the applicant's negligence. <br /> <br /> As noted in the letter (Exhibit E) from the applicant's attorney, the global <br /> economic recession which begun in the early 90's was particularly severe <br /> for Japan. As such, the applicant did not wish to proceed with the filing of <br /> a SMA application, knowing full well that it would not be in a position to <br /> develop any approved project for this site in a timely fashion. <br /> Although the real estate market in Hawaii has being on the upswing the <br /> past few years, there is still some measure economic anxieties. Much of <br /> these are associated with the lingering fears of the "War on Terrorism", <br /> the slow pace of global economic recovery, particularly in Japan, and the <br /> residual effects of the SARS epidemic. These have all combined to <br /> somewhat dampen the applicant's level of aggressiveness in developing <br /> this project. <br /> <br /> As noted in the Exhibit E, the applicant is contemplating the sale of the <br /> subject parcel to Mr. Ghalamfarsa. Mr. Ghalamfarsa believes that <br /> conditions are changing and greater global security will be achieved in due <br /> time. This optimism has thus motivated him to expend funds to retain an <br /> archaeologist to do the required survey and mitigation plan. He has also <br /> prepared some conceptual designs of the project. Should the sale be <br /> consummated, he believes that he will be able to file the SMA application <br /> prior to the requested the allotted period. <br />