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<br /> <br /> <br /> <br /> <br /> <br /> sunset upon the occurrence of either of the following: <br /> a. mitigation measures outlined in subsections L(6)(a-j) and L(7) <br /> <br /> (a-f) above are not complete and fully implemented within <br /> twelve (12) months from the effective date of this ordinance, or, <br /> <br /> b. prior to the expiration of the twelve-month period, the County <br /> <br /> Council determines that opening of Haleki` i Street for use by th <br /> general public prior to completion of the entire Mamalahoa Bypass <br /> <br /> has proven not to be in the best interest of, and for the public <br /> good. <br /> <br /> In the event of sunset, amendments to the portion of Condition L(4) of <br /> Ordinance No. 96-8 relating to the construction of a barricade or <br /> <br /> breakaway gate to prevent the use of Haleki`i Street as a vehicular <br /> thoroughfare prior to the opening of the entire Mamalahoa Bypass, shall be <br /> <br /> null and void and the original provisions of Condition L(1) through L(5) of <br /> Ordinance No. 96-8 shall control and remain in full force and effect. <br /> <br /> <br /> The applicant shall construct the Mamalahoa Highway Bypass to standards set <br /> <br /> forth by the Department of Public Works for Alii Highway with such <br /> modifications as may be deemed necessary by the Department of Public Works. <br /> <br /> The applicant shalt provide a landscape buffer along highway sections within five <br /> <br /> hundred feet of existing dwellings, as required by the chief engineer, to reduce the <br /> impacts of noise and light on the residents therein and to generally beautify the <br /> <br /> highway appearance in such locations; provided that the applicant shall enter into <br /> a reimbursement agreement with the County which sets forth the terns and <br /> <br /> conditions of reimbursement for costs incurred for the construction, land <br /> acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the <br /> <br /> state and/or county by other developers or landowners whom the county may <br /> determine as benefiting from the Mamalahoa Highway Bypass and which funds <br /> <br /> are available to the county for such purpose; and provided further, that the total <br /> amount of reimbursement due to the applicant shall not exceed the total cost of <br /> <br /> <br /> <br /> -6- <br />