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<br /> l <br /> V. The project shall include a park site or sites consisting of at least one acre developed <br /> as a play field or passive recreation area. The park area(s) shall not be located within <br /> the Waiaha Drainageway or Flood Hazard Area. <br /> W. The applicant, its successors, and assigns shall be responsible for the cost of any <br /> sound abatement measures to reduce sound within the project that aze required to <br /> qualify the Parkway for Federal construction funds. Until the completion of the <br /> Parkway through the subject property, covenants in all deeds to the subject property, <br /> including deeds to individual units and to any lots subdivided from the subject <br /> property, and promotional and sales materials given to prospective purchasers, shall <br /> inform prospective owners of the following: "Plans for the area involve the <br /> construction of the Parkway within aright-of--way shown on the attached map. The <br /> Parkway will be a major highway that is expected to carry a high volume of traffic. <br /> The County of Hawaii has determined that the construction of this highway is <br /> important to the proper development of Kona as a whole. The construction of the <br /> Parkway will create noise, dust, and other impacts. The contractor building the <br /> Pazkway will be required to follow some regulations to reduce noise and dust, but <br /> some impacts will occur. After completion, traffic on the Parkway will cause noise <br /> and other effects that must be expected from a busy roadway. A prospective <br /> purchaser who cannot accept the future construction of the Parkway in this area is <br /> advised to seek another area to reside. This property was rezoned on condition that if <br /> noise abatement measures between the Parkway and adjacent residences in this <br /> project must be taken to qualify the Parkway project for federal funding, the <br /> residential owners would be required to pay for the noise abatement. The <br /> construction of the Parkway will also make it necessary to relocate one entrance to <br /> the property and may, during the construction period, cause some changes to the <br /> project's access." The sales materials and covenants do not have to follow the exact <br /> wording of this condition but shall inform the prospective purchasers of the <br /> substance of this condition. <br /> X. Should any remains of historic sites, such as rock walls, terraces, platforms, mazine <br /> shell concentrations or human burials be encountered, work in the immediate area <br /> shall cease and the Department of Land and Natural Resources _State Historic <br /> Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent <br /> work shall proceed upon an archaeological cleazance from DLNR-SHPD when it <br /> finds that sufficient mitigation measures have been taken. <br /> Y. The applicant shall make its fair share contribution to mitigate the potential regional <br /> impacts of the property with respect to parks and recreation, fire, police, solid waste <br /> disposal facilities and roads. The fair shaze contribution shall be initially based on <br /> the representations contained within the change of zone application and maybe <br /> increased or reduced proportionally if the unit counts aze adjusted. The fair share <br /> contribution shall become due and payable prior to receipt of Final Plan Approval. <br /> The fair share contribution for each unit shall be based on the number of units <br /> developed. The fair share contribution in a form of cash, land, facilities or any <br /> combination thereof shall be determined by the County Council. The fair share <br /> contribution maybe adjusted annually beginning three yeazs after the effective date <br /> -5- <br /> 4821-9489-2800.1 <br /> 5/I /OG <br /> <br />