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interest in the property prior to visible commencement of construction on the <br />property; provided, however, that the applicant may transfer ownership in the <br />property to an affiliate or in a manner consistent with prior representations to <br />the County Housing Agency] comply with the reQuirements of Chanter 11. <br />Article 1, Hawaii County Code, relating to Affordable Housing; <br />M[(N)] a minimum area of four acres to be set aside within the area for active park <br />uses. The park shall be kept in private ownership and maintenance until such <br />time that the applicant intends to dedicate it to and with the acceptance of the <br />County. The [exact] location and configuration shall be determined at the time <br />of [subdivision approval of Increment 1 of the Single Family Residential (RS) <br />zoned area] submittal of the master plan described in Condition (D) herein. <br />Minimum improvements shall be provided for the park area prior to issuance of <br />occupancy permit for any development within the RM zoned area or prior to <br />receipt of Final Subdivision Approval of the second increment for the Single <br />Family Residential (RS) zoned area, and/or prior to the dedication to the <br />County, whichever occurs first. The minimum improvements shall include, but <br />not be limited to, grading and grassing which meet with the approval of the <br />Directors of the Planning Department and the Department of Parks and <br />Recreation. Until such time that the park is dedicated to and accepted by the <br />County, there shall be adequate assurance, as determined by the Corporation <br />Counsel, for the maintenance of the private park by recorded covenant running <br />with the land which shall include the following: <br />(1) obligate the subdividers, purchasers, occupants, or association in the <br />subdivision to maintain the private park in perpetuity; and <br />(2) empower the County, through the Director of the Department of Parks <br />And Recreation, to enforce the covenants to maintain the private park, <br />authorizing the performance of maintenance work by the County in the <br />event of failure by the subdividers, purchasers, occupants, or association <br />in the subdivision to perform such work and permit the subjecting of the <br />-5- <br />