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WHEREAS, the Planning Director reviewed and approves the actual cost of roadway improvements in the amount of $48,648.00 to satisfy the in lieu fair share contribution, and the Planning Director is seeking approval from the Council; and WHEREAS, Section 2-162.1, Hawaii County Code 1983 (2005 edition) as amended, sets forth the procedures for Council to accept money, securities, personal property or real property derived from community benefit assessments or conditions of land use approvals; and WHEREAS, Section 2-162.1(a), Hawaii County Code 1983 (2005 edition) as amended, states that any in lieu determinations by the Planning Director shall be subject to the review and approval of the Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Section 2-162.1, Hawaii County Code 1983 (2005 edition) as amended, that the County Council approves the in lieu actual cost of roadway improvements in the amount of $48,648.00 to offset the full amount of the fair share contribution to support road and traffic improvements as required in Condition "K" of Change of Zone Ordinance No. 96 121. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Mayor Harry Kim; (2) Planning Department; (3) Department of Public Works; and (4) Hilo One, Incorporated, c/o Mr. Alan M. Okamoto, Esq., Nakamoto, Okamoto & Yamamoto, 187 Kapiolani Street, Hilo, Hawaii 96720. Dated at Hilo ,Hawaii, this 6th day of February, 2008. INTRODUCED BY: I'~ J COUNCIL ME ER, COUNTY OF WAI`I COUNTY COUNCIL ROLL CALL vOTE COUnty Of Hawal`1 AYES NOES ABS EX Hilo, Hawaii FoxD X HIGA X I hereby certify that the foregoing RESOLUTION was by HOFFMANN X the vote indicated to the right hereof adopted by [he COUNCIL of the IKEDA X County of Hawaii on February 6 , 200 8 JACOBSON X NAEOLE X ATTEST: PILAGO X YAGONG g YOSHIMOTO 6 0 3 0 ~ Reference: C-910/PC~61 COUNTY CLERK CHAIRMAN P SIDIN RESOLUTION NO. 482 ~ 8