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<br /> <br /> <br /> <br /> <br /> CARLSMITH BALL LLP <br /> <br /> A LIMITED LIABILITY LAW PARTNERSHIP <br /> 121 WAIANUENUE AVENUE <br /> P.O. Box 686 - <br /> HILO, HAWAII 96721-0686 YfII + <br /> TELEPHONE 808.935.6644 FAx808.935.7975 - .I <br /> W W W,CARLSMrrH.COM <br /> <br /> SLIM@CARLSMITH.COM <br /> <br /> March 3, 2006 <br /> <br /> Christopher Yuen <br /> Planning Director <br /> Planning Department <br /> County of Hawaii <br /> Attention: Norman Hayashi <br /> 101 Pauahi Street, Suite 3 <br /> Hilo, Hawaii 96720 <br /> <br /> Re: Change of Zone Ordinance No. 95-118 - Request for extension of time to <br /> comply with Condition D (Final Plan Approval) and Condition E (Commence <br /> Construction) <br /> Successor Applicant: Samson LLC <br /> Tax Map Key: (3) 7-5-010: Portion of 013 (formerly portions of TMK (3) <br /> 7-5-010:013, and TMK (3) 7-5-023:063 <br /> Dear Mr. Yuen: <br /> <br /> This will follow up on our meeting of February 17, 2006 with Mr. Erik Leuteneker of <br /> Samson, LLC and Mr. Norman Hayashi of your staff. This will confirm that Samson LLC has <br /> decided to process this time extension request separately for Ordinance No. 95-118. We <br /> understand that this time extension request will require Planning Commission and Hawaii <br /> County Council action. Enclosed for your action are 20 copies of this request, and our filing fee <br /> in the amount of $250.00 for processing of the time extension request under the above ordinance. <br /> <br /> Successor Applicant Samson, LLC hereby requests a time extension to comply with <br /> Condition D (Final Plan approval) and Condition E (Commence Construction) of Ordinance No. <br /> 95-118 for the development of the above-referenced Property. In February 2005, the Property <br /> was purchased by Successor Applicant Samson LLC. Although prior Applicants obtained Final <br /> Plan Approval of the original project on June 2, 1993, and commenced construction of that <br /> project through work within the County right-of-way for sewer improvements on September 1, <br /> 2000 and grading work on the Property in January of 2002, the prior development was halted and <br /> that project has since been abandoned. <br /> <br /> Following the February 2005 purchase of the Property by Successor Applicant, and due <br /> to the changing market conditions that could not have been foreseen by Successor Applicant and <br /> <br /> <br /> HONOLULU KAPOLEI HILO KONA EMBI ¦ GUAM SAIPAN LOS ANGELES- <br /> <br /> . <br />