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<br /> <br /> <br /> March 25, 2008 <br /> Page 7 <br /> <br /> opening of Haleki`i Street Extension for use by the <br /> general public prior to completion of the entire <br /> <br /> Mamalahoa Highway Bypass has proven not to be <br /> in the best interest of, and for the public good. <br /> <br /> In the event of sunset, amendments to the portion of <br /> Condition [1G(4)] L_4 of Ordinance No. 96-8 relating to the <br /> <br /> construction of a barricade or breakaway gate to prevent <br /> the use of Haleki`i Street as a vehicular thoroughfare prior <br /> <br /> to the opening of the entire Mamalahoa Highway Bypass, <br /> shall be null and void and the original provisions of <br /> <br /> Condition L(1) through L(5) of Ordinance No. 96-8 shall <br /> control and remain in full force and effect." <br /> <br /> <br /> <br /> <br /> 3. The final paragraph of Condition L is amended to change "Ali`i Drive" back to "Alii Highway", <br /> as council approved amendments to this paragraph should not have been included in proposed <br /> amendments set forth in Communication No. 997.5. Amendments to Bill 236 are limited by the title of <br /> the bill to Condition LA only. This final paragraph pertains to the entire Condition L. Therefore, the <br /> paragraph is amended to read as follows: <br /> <br /> "The applicant shall construct the Mamalahoa Highway Bypass to <br /> standards set forth by the Department of Public Works for [""rive <br /> <br /> AM Highway with such modifications as may be deemed necessary by the <br /> Department of Public Works. The applicant shall provide a landscape <br /> <br /> buffer along highway sections within five hundred feet of existing <br /> dwellings, as required by the chief engineer, to reduce the impacts of noise <br /> <br /> and light on the residents therein and to generally beautify the highway <br /> appearance in such locations; provided that the applicant shall enter into a <br /> 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 <br /> <br /> paid to the state and/or county by other developers or landowners whom <br /> the county may determine as benefiting from the Mamalahoa Highway <br />