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RS10 KALAOA,LLC P.O.Box 789 Kealakekaa,HI 96750 ?'i i (-7 � 711 "): 2 6 Tel:(808)322-4000 Fax:(808)324-771(t October 12,2012 Ms. BJ Leithead Todd,Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Dear Ms. Leithead Todd: SUBJECT: EXTENSION OF TIME Ordinance No. 07 160(which amends Ordinance No. 97 56) Kukuinui Subdivision TMK: (3)7-3-28:102(formerly(3)7-3-10:37) We are respectfully requesting an additional extension of time of five(5)years or longer with the hopeful anticipation of an economic rebound so we may satisfy conditions D and J of the subject ordinance and complete Increment II. We had every intention of trying to meet the current deadline as you will see below having thus far substantially completed or met most of the conditions of this current ordinance. However,given the current still serious economic slump that we have all been facing these past 5 years and after considering current construction numbers,we felt it was unfeasible and not prudent to move forward on this project at this time. Enclosed is the filing fee in the amount of$250.00(TWO HUNDRED FIFTY AND 00/100 DOLLARS). The following is an updated progress report on the subject ordinance: 1. Condition B: 10 water units were purchased and an Assignment of Water Commitments Under Water Agreement between Wainani 42 LLC and RS 10 Kalaoa, l p LLC was executed on July 2,2010(Bureau of Conveyances Doc.No.2011-083474). Water commitment fees imposed by the Department of Water Supply have been paid up to date. 2. Condition C: Increment I consists of 20 lots which was completed in 2005. Construction drawings/project plans were prepared by Witcher Engineering April 5,2012 and approved/signed off by the Department of Water Supply on September 21, 2012 for Increment II. Planning Dept. SCANNED OCT 1.7 /517 exhibit