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<br /> <br /> <br /> <br /> <br /> <br /> Council determines that opening of Haleki`i Street for use by the <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 MA of <br /> Ordinance No. 96-7 relating to the construction of a barricade or <br /> <br /> breakaway gate to prevent the use of Haleki`i Street as a vehicular <br /> <br /> thoroughfare prior to the opening of the entire Mamalahoa Bypass, shall be <br /> null and void and the original provisions of Condition M.1 through M.5 of <br /> <br /> Ordinance No. 96-7 shall control and remain in full force and effect. <br /> <br /> <br /> The applicant shall construct the Mamalahoa Highway Bypass to standards set <br /> forth by the Department of Public Works for Alii Highway with such <br /> <br /> modifications as may be deemed necessary by the Department of Public Works. <br /> The applicant shall 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 terms 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 /> land acquisition, design and construction of the Mamalahoa Highway Bypass <br /> <br /> incurred by the applicant, less the pro rata portion attributed to the subject <br /> property;" <br /> <br /> <br /> SECTION 3. Material to be deleted is bracketed and struck through, <br /> <br /> <br /> <br /> -6- <br />