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• June 1, 2018 Page 11 period, Condition BB of PDO 99-42, would not have been included as a condition of approval. Rather, PDO 99-42 would have specifically required the processing of a formal time extension request before the Planning Commission and County Council, instead of requiring the submittal of an overall progress report for review and consideration. PDO 99-42 also lacks the standard condition of approval afforded to all new Change of Zone Ordinances to provide an applicant one opportunity to apply for an initial administrative time extension by the Planning Director, in the event that non-performance with the stated conditions of approval was the result of conditions that could have not been foreseen, or were beyond the control of the applicant, and was not the result of the applicant's fault or negligence. We surmise that this standard administrative time extension condition was not included in PDO 99-42 inadvertently, as other Project District Ordinances adopted during the same period as PDO 99-42, included such an administrative time extension condition of approval (e.g. Ord. 00-06 and Ord. 00-07 for the Maniniowali and Hualalai projects, both adopted January 27, 2000). On behalf of the Parties, we trust that the foregoing and the attached charts satisfy the comprehensive reporting requirements of PDO 99-42, Condition BB. Assuming that this comprehensive report meets with the approval of the Planning Department, Leeward Planning Commission and the County Council, and no further action is required by the Parties, we offer our appreciation to these bodies as KD and HILLC will continue to further develop Lot 4-A and Lot 4-B, respectively, under PDO 99-42 in a timely fashion. In the alternative, if the Planning Department, Leeward Planning Commission and the County Council determine that a formal time extension to PDO'99-42, Condition B is required, we respectfully request your favorable consideration of the following formal time extension request. VI. TIME EXTENSION REQUEST JUSTIFICATION, IF REQUIRED BY THE LEEWARD PLANNING COMMISSION OR THE COUNTY COUNCIL. As we discussed with the Planning Department on prior occasions, the Parties have has always been fully committed to the development of Lots 4-A and Lots 4-B, in compliance with PDO 99-42. If the Leeward•Plaruning Commission and/or the County Council ultimately determine that the Parties should process a formal time extension to extend the 20-year development period under PDO 99-42, to continue the remaining development within the Property, the following will summarize our formal time extension request. As discussed in Section IV above, to date, KD and HILLC have together developed approximately 582.030 acres of land and 170 residential units within the Lot 4-A and Lot 4-B development areas. Approximately 384.094 acres within Lot 4-A and 217.394 acres within Lot 4-B have been developed, respectively, which represents roughly 54% of the land covered by PD0'99-42. More importantly, KD has completed a majority of the community benefit and public access elements under PDO 99-42. As further evidence of the Parties' commitment to their development of the Property, the Parties have invested millions of dollars in infrastructure improvements, consultant fees, and labor costs toward the goal of fully developing the lands in compliance with PDO-99-42. The Parties have diligently proceeded with development of their respective portions of the Property based on market demand and there is no compelling reason 4821-7934-8826.6.060391=00002