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Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 11 ■ New Condition D (Future Road Widening Strip): By letter dated April 14, 2008 DOT permitted access to the project site from Puainako Street, subject to eleven(11)conditions, including dedication of additional right-of-way(ROW)to the State for the implementation of the Puainako Street realignment and improvement project between Komohana Street and Kanoelehua Avenue as well as several other design, engineering and permitting requirements.According to the letter,"The applicant shall dedicate to the State ofHrnvai`i, Department of Transportation (HDOT) approximately (ten) 10 feet of additional right-of- rvay along the western property boundary and along the northeasterly curb return at the intersection of Kilauea Avenue and Patainako Street. The applicant shall also dedicate additional right-of-way, varying behveen zero (0) to ten (10)feet, along the southerly property line to provide a minim nn 70 foot road right-of-way cis measured froin the Puainako Street centerline. Dedication of such property to DOT shall be in fee simple interest,free and clear of liens and encinnbrances, excepting those imposed by government authorities. ■ By email dated May 14,2019,DOT indicated that since the State still plans to realign and improve Puainako Street between Komohana Street and Kanoelehua Avenue in the future, the ROW dedication should remain. Furthermore, the other ten (10) conditions are still applicable,but can be amended or deleted by agreement with DOT.Through subsequent phone conversations, DOT staff indicated that they would be amenable to the applicant setting aside a future road widening strip to be provided at no cost to the State upon request of DOT.Based on the preceding,the Director is recommending a new Condition D requiring the future ROW dedication. ■ Amend Condition B (Water Commitment): The Director is recommending updating this condition to reflect the payment of the required water commitment for the project in 2017 and add standard condition language requiring the applicant to maintain valid water commitments until such time that the water facilities charge is paid in full. ■ Update Condition L (SHPD): The Director is recommending updating to current standard condition language regarding inadvertent finds during construction. ■ Amend Condition R (Administrative Time Extension): The Director is recommending updating this condition to require the applicant to come back to the Planning Commission and County Council for any further time extension requests.