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Ohana Kohala Trust Amendment of Ord. No. 95-119 June 26, 2008 Page No. 2 Since the adoption of the Ordinance No. 95-119 in October 1995, OhanaKohala Trust secured -, Tentative Subdivision approval for an 81ot subdivision on Apri125, 1996. On January 8, 1997, ', Final Subdivision maps were submitted for review and approval. On Apri122, 1999, the Planning Department granted a time extension of two years, until April 25, 2001 to satisfy the conditions of Tentative Approval. On March 7, 2001, Ohana Kohala Trust requested an additional time extension to comply with the conditions of Tentative Approval. OKT has not received a response to this request according to its records. In 2005, Richard Waller, who had been responsible for overall coordination for the subdivision of the subject property, resigned from OKT and sold his interest to Michael Glass. At that time„ Bob Acree took over primary responsibility in securing the subdivision approval. With the change in management, Mr. Acree began investigating the relocation of the access improvements from the makai side of the subject property to the mauka portion. This relocation was made viable in that Mr. Acree has an interest in the adjacent road lot, identified as Tax Map Key: 5-9-007: 002. Based on this change in development concept, OKT entered into discussions with the owners to the mauka of the subj ect property to notify them of the possible change in development plans. The discussions with these owners found that there was potential interest in connecting to the ; proposed underground electrical utility that would be constructed within the OKT subdivision road. This would allow the adjacent owners to eliminate the overhead lines within their access road. Based on these discussions, OKT retained a surveyor and engineer to review the requirements to construct the subdivision improvements within TMK: 5-9-007: 002 to allow subdivision of the subject property. At the time Mr. Acree took over management responsibility for the project, he was not aware of the non-compliance with Condition C of Ordinance 95-119 and that a time extension amendment was required. However, during its investigations of the revised subdivision plans, OKT noted that while the Subdivision Code requirements have been complied with through the granting of the time extensions to comply with the conditions of Tentative Approval, Condition C of Ordinance No. 95-119 had not been complied with. More specifically, Condition C required: Subdivision plans shall be submitted to the Planning Department within six months from the effective date of approval of this amendment. Final subdivision approval shall be '~ secured within three years from the date of approval receipt of revised tentative subdivision approval. I