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the applicant, successors or assigns shall secure Final Plan Approval for the amended proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code." In 2009, the County Council approved a 5 -year time extension for Condition C of these ordinances in order to give the applicant until May 11, 2014 to complete constriction. The project has not been constricted yet, therefore the applicant is requesting another 5 -year time extension to complete constriction. The applicant also requests a new condition be included to allow for an administrative time extension since due to the vagaries of the real estate market and financing, there is a chance the entire project may not be completed within five years. Condition D: Request to delay dedication of fixture road widening strip. Condition D of Ordinance No. 09-049 and Condition D of Ordinance No. 09-050 state the same following language related to dedication of the future road widening strip: "A future road widening strip along the Hualalai Road project frontage as detennined by the Department of Public Works shall be subdivided and dedicated to the County within two years from the effective date of this amendment." In 2009 the road widening strip was subdivided from the property but has not yet been conveyed to the County. The applicant requests to dedicate the road widening strip after the improvements to the Hualalai Road frontage required in Condition E of the ordinances are completed and prior to receiving a certificate of occupancy for the proposed development. Condition N.• Request to change the due date of the fair share contribution. Condition N of Ordinance No. 09-049 and Condition N of Ordinance No. 09-050 state the same following language related to when the fair share contribution is due: "The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone ordinance, whichever occurs first." The applicant requests that the fair share contribution be due and payable prior to Final Plan Approval rather than by a set period of time since impacts to regional pubic facilities -2-