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Council Chair Yagong and Council Members <br /> May 3, 2011 <br /> Page 2 of 2 <br /> 3. On December 7, 1993, the County of Hawai'i executed an Agreement with Akala <br /> stating that then - Condition J (which would later be re- alphabetized to Condition I by <br /> Ordinance No. 03 -162) would be satisfied by completing improvements to sight <br /> distance along the mauka side of the Old Mamalahoa Highway, approximately 100 <br /> yards north of the intersection of said Highway with the Hualalai Road, consisting <br /> of: <br /> • Removal of a mauka embankment within the existing right -of -way <br /> • Construction of needed stabilization of the embankment <br /> • Relocation and /or stabilization of the existing utility pole, and <br /> • Relocation of the roadway further mauka. <br /> 4. Pursuant to the 1993 Agreement, an Irrevocable Standby Letter of Credit in the <br /> amount of $90,000 from First Hawaiian Bank was submitted to the Planning <br /> Department based upon construction drawings of the improvements. <br /> 5. By letter dated May 11, 1995, the Department of Public Works informed Christian <br /> Twigg -Smith that "the roadway improvements for the subject grading permit have <br /> been completed according to the approved plans." (see attached) <br /> 6. A sixth bed and breakfast unit was added in September 1996. <br /> 7. Holualoa Inn is currently evaluating its planning alternatives of adding the final four <br /> units to the Inn. We plan to complete the bed and breakfast expansion, and will seek <br /> appropriate amendments to Special Permit 649, which already allows the expansion <br /> to ten units. <br /> We believe that Condition I has been fulfilled and humbly ask that it not be amended further <br /> as proposed in Communication No. 159.2. <br /> Mahalo <br /> Noelani Ubaldo <br /> Manager <br /> Att. (May 11, 1995, DPW letter) <br />