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BE IT FURTHER RESOLVED, that the final plans and specifications for Kamakana <br />Villages shall be deemed approved if those plans and specifications do not substantially deviate <br />from the preliminary plans and specifications submitted to the County Council as Exhibit A; <br />provided that modifications to the design, character or specifications of the site plans, buildings or <br />landscaping may be approved by the Planning Director, in consultation with OHCD, if such <br />modifications are consistent with the prevailing neighborhood character and do not substantially <br />deviate from the preliminary plans and specifications; and <br />BE IT FURTHER RESOLVED, that no action shall be prosecuted or maintained against the <br />County of Hawai'i, its officials, or employees by Forest City on account of actions taken by them in <br />reviewing, approving, modifying, or disapproving the plans and specifications for Kamakana <br />Villages; and <br />BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to Forest City, <br />HHFDC, OHCD and the Planning Director of the County of Hawai'i; and <br />BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately. <br />Dated at , Hawai'i, this day of , 2010. <br />0 W Y . . <br />I:UUN I Y WUNCIL <br />County of Hawai'i <br />Hilo, Hawaii <br />I hereby certify that the foregoing RESOLUTION was by <br />the vote indicated to the right hereof adopted by the <br />COUNCIL of the County of Hawai'i on <br />ATTEST: <br />COUNTY CLERK <br />ROLL CALL VOTE <br />AYES NOES ABS EX <br />ENRIQUES <br />FORD <br />GREENWELL <br />HOFFMANN <br />IKEDA <br />NAEOLE <br />ONISHI <br />YAGONG <br />YOSHIMOTO <br />. 1 4 <br />Reference C- 977.4/CHA- 10/05/10 <br />CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 405 10 <br />(DRAFT 2) <br />