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multiple contracts, totaling not less than five million dollars ($5,000,000.00), of Kamakana Villages <br /> has commenced within five (5) years from the approval of this Resolution; and <br /> BE IT FURTHER RESOLVED, that the preliminary plans and specifications for Kamakana <br /> Villages are not transferable to any other real property; and <br /> 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 for Kamakana Villages; provided that modifications <br /> to the uses, design, character or specifications of the site plans, buildings or landscaping may be <br /> approved by the Planning Director, in consultation with OHCD, if such modifications are consistent <br /> with the prevailing neighborhood character; 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 Kona , Hawai' i, this 17th day of November , 2010. <br /> ,', ' _ D BY: <br /> Wools, $ Aim. iii, ..,.... „,,,,, ,, oal,„14.4( <br /> • % j er <br /> COUNCIL MEMBER, CO ' OF HAWAI`I <br /> COUNTY COUNCIL ROLL CALL VOTE <br /> County of Hawai' i <br /> Hilo, Hawaii AYES NOES ABS EX <br /> ENRIQUES X <br /> I hereby certify that the foregoing RESOLUTION was by FORD X <br /> the vote indicated to the right hereof adopted by the GREENWELL X <br /> COUNCIL of the County of Hawai' i on Naysrber 17, 2010 . HOFFMANN X <br /> IKEDA X <br /> ATTEST: NAEOLE X <br /> ONISHI X <br /> YAGONG X <br /> YOSHIMOTO X <br /> 6--- 7 1 1 0 <br /> ( Reference C- 977.16/CHA - 10/5/10 <br /> CO TY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 405 10 <br /> ( DRAFT 3 ) <br />