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any school, you have to go out into the community and you check with the DOE, you check with
<br /> the community and you ask them, do you want to have a school over here, and if they come back
<br /> and say like yes we want, then fine, you know, let's go ahead and implement that concept. So
<br /> we checked with the DOE, and the Department of Education said Kahakai Elementary School is
<br /> right down the street, we don't need to have like another school. And in the meantime,
<br /> Innovations Charter School approached Brian and said that how about like giving the land to us.
<br /> So we went to the Council and the Council, this is in 2006, we went back to the County Council,
<br /> and the County Council at that point in time said, fine, Innovations is a suitable tenant, you
<br /> know, for this area. So when the Council had approved the zone change condition calling for a
<br /> five-acre school site on the makai side of this project,they had also required that the developer
<br /> also provide the required infrastructure servicing the site the water, sewer line and roadway
<br /> system. And it also required, in addition to that, that you construct up to 600,000 dollars of
<br /> improvement on that site. So at that time, this is now, bearing in mind, you know, you are in
<br /> 2005-2006, so the economy was good, so they said, fine, you know, we'll do that. There was a
<br /> land conveyance agreement between the developers and the Innovations School, and that was
<br /> considered back in 2006 by the County Council. Well, the conveyance never occurred, as the
<br /> staff had indicated, you know, because you had to get the land subdivided and in conjunction
<br /> with the land getting subdivided, you have to put in all of this infrastructure, you know, the
<br /> 60-foot wide right-of-way, the roadway, the utility, so on and so forth, so it was never conveyed.
<br /> So in the meantime, Innovations said, fine, you know,they moved up the street.
<br /> Then, I think you are back again to the year, I guess September 10, 2008. That's when the Kona
<br /> Community Development Plan was adopted. And when the Kona Community Development
<br /> Plan was adopted—and I just kind of make reference to Figure 3, and it was shown on the staff's
<br /> presentation map—if you look at like where the site is, this is really like the bull's eye,
<br /> unmistakable that this is a TOD site. And they even had that small little transit hub identified,
<br /> and the roadway alignment that takes you from Kuakini Highway to the Queen Ka`ahumanu
<br /> Highway extension, that's exactly as how the land is, you know, was subdivided. So, the
<br /> premise of the CDP, they took the existing zoning to heart, and then they created this TOD area,
<br /> this transit hub area. We also have to understand that, you know, after Puaa and Suffolk had
<br /> acquired the property, you know, in 2006-2007, guess what happened in 2008; we had the
<br /> biggest depression, the recessions, since the Great Depression. Nothing could have happened.
<br /> You know, like so it affected the demand, it affected the financeability of the project. But, in
<br /> spite of all of that, what did these guys do? They continued with a lot of the small what you call
<br /> like the soft planning cost; they did—and I pointed out to, like, your Figure 4-they worked with
<br /> the State, they got the culvert plans approved, they developed these drainage plans, they did the
<br /> interior roadway, if you look at Figure 5. Ifsomebody was asking about where the location of
<br /> the school was going to be—if you look at the second page of Page 5, you can see where this
<br /> new road was coming down where the project was all in, and that was going to be the location of
<br /> the school site. And look at Figure 6, the flood control, you know, they did all of these plans.
<br /> They paid like in excess of 1.3 million dollars in real property taxes.
<br /> Then I take you, now we are up to like 2010-2011. So in 2011, understandably, you know,
<br /> nothing happened. So they asked for a time extension, an administrative time extension, and the
<br /> planning director at that time reviewed the General Plan—and if you look at the conditions under
<br /> which any time extension, whether it's an administrative or County Council-approved time
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<br /> EXHIBIT D
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