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<br />o <br /> <br />o <br /> <br />Ordinance. <br /> <br />O. Total retail space (not including restaurants) shall not exceed 75,000 square feet <br />under roof until the construction of the Queen Ka'ahumanu Highway, Phase II <br />widening improvements to four lanes from Kealakehe Parkway to the Kona <br />International Airport at Keahole has been secured by the state entering into a <br />construction contract for the improvements. The square footage of improvements <br />leased to the University of Hawai'i shall not count against this limit. <br /> <br />P. Comply with all other applicable County, State and Federal laws, rules, <br />regulations and requirements. <br /> <br />Q. An annual progress report shall be submitted to the Planning Director prior to the <br />anniversary date of the approval of this Project District Ordinance. The report <br />shall include, but not be limited to, the status of the development and the extent to <br />which the conditions of approval are being satisfied. This condition shall remain <br />in effect until all of the conditions of approval have been satisfied and the <br />Director acknowledges that further reports are not required. <br /> <br />R. An initial extension of time for the performance of conditions within the <br />ordinance may be granted by the Planning Director upon the following <br />circumstances. <br /> <br />1. The non-performance is the result of conditions that could not have <br />been foreseen or are beyond the control of the applicant, <br />successors or assigns, and that are not the result of their fault or <br />negligence. <br /> <br />2. Granting of the time extension would not be contrary to the <br />General Plan or Zoning Code. <br />