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WAIKOLOA <br /> January 5, 2005 ' <br /> Mr. Chris Yuen <br /> Planning Director <br /> Planning Department <br /> County of Hawaii <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> RE: Change of Zone Ordinance No. 95 51 (REZ 678) <br /> ApplicantlSubdivider: Waikoloa Development Co. <br /> Project: Highlands Golf Estates and Golf Course <br /> Waikoloa, South Kohala, Hawaii <br /> Tax Map Key: 6-8-02:16 and 6-8-03:32 <br /> Subject: Request for Extension of Time <br /> Dear Mr. Yuen, <br /> Condition B of Ordinance No. 95 51 as amended states that final subdivision <br /> approval for not less than 1751ots must be secured by a certain date. Additionally, Condition H <br /> of Ordinance No. 95 51 allows the Planning Director to grant "an extension of time for the <br /> performance of conditions within the ordinance" based upon listed circumstances. Pursuant to <br /> Condition H, Waikoloa Development Co. ("Applicant") respectfully requests a ten (10) year <br /> extension to March 21, 2015 for that portion of Condition B stated above relating to time in <br /> which to secure final subdivision approval. <br /> The non-performance of securing a final subdivision approval as of the date of <br /> this request was due to unforeseeable conditions and beyond the control of Applicant. <br /> Furthermore, the non-performance was also not due to Applicant's fault or negligence. <br /> Applicant has invested substantial time and money in attempting to develop the <br /> Highlands Golf Estates and Golf Course project. To date, Applicant has spent well in excess of <br /> $3.0 million for this project, including on compliance with the conditions of the zoning <br /> ordinance, tentative subdivision approval and PUD permit. The golf course plan, subdivision <br /> improvement plans, and intersection improvement plans have all been approved by the required <br /> government agencies; the final plat map has been submitted to the Planning Department; and the <br /> channelization improvements of the Waikoloa Rcad/Paniolo Avenue/Pua Melia Street <br /> intersection have been completed. <br /> EXH BIT <br /> <br /> 862134.1 <br /> 150 Waikoloa Beach Drive ^Waikoloa, Hawaii 96738 • Phone (808) 886-1000 Fax (808) 886-8896 <br /> <br />