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CARR SMITH: Thank you. Is there a second? Would any commissioner like to make a second
<br /> for that motion?
<br /> VAN PERNIS: I'd like to make a comment.
<br /> CARR SMITH: Okay, Mr. Van Pernis has the second. All right—
<br /> VAN
<br /> ightVAN PERNIS: No, I did not second it. I said I'd like to make a comment.
<br /> CARR SMITH: Okay, well, I'm looking for a second, so I'm not looking for comments at this
<br /> point. Max?
<br /> NEWBERG: I'd like to second that. Thank you, Madam Chair.
<br /> CARR SMITH: Thank you very much, appreciate that. All right, any additional discussion to
<br /> refine any of this?
<br /> FUKE: Madam Chair?
<br /> CARR SMITH: Yes, Sid, go ahead.
<br /> FUKE: I, you know, as Commissioner Vitousek was talking, and even prior to that, I kind of got
<br /> as far as like what the intentions were, what his intent was, and I'd like to just provide a
<br /> language, you know, along those lines, not so much as it relates to the site maintenance program
<br /> but the schedule. So if you look at condition 2, condition 2 says that"Construction of the
<br /> proposed development shall be completed within 5 years from the effective date of this third
<br /> amendment." Then if you can just kind of like continue to say that in accordance with, you
<br /> know, "shall be completed within five years from the effective date of this third amendment,"
<br /> and now the new portion would be, "in accordance with the following schedule: Plan approval
<br /> submitted no later than January 30, 2022; building permits submitted no later than January 30,
<br /> 2023; begin construction no later than January 30, 2024," and then period, "Failure to comply
<br /> with this timetable shall result in the automatic nullity of this permit, except that if the project is
<br /> substantially constructed but not completed, it may be extended by the Leeward Planning
<br /> Commission." I would suggest leaving substantial to the discretion of the Commission, rather
<br /> than 50 percent or any remark, because it's kind of hard to determine. But if you can see, you
<br /> know, any reasonable person would say like, yeah, you know, you are pretty much done already,
<br /> you know, so rather than saying 50 percent or whatever, you know, because they can say like,
<br /> well, you never finished inside, and all that, you know, so you don't want to get involved in that,
<br /> so leave it to the discretion of the Commission.
<br /> VITOUSEK: I just say that I believe that captures the intent, so I'm okay with that.
<br /> CARR SMITH: Sid, what's your definition of substantially completed? Just generally speaking.
<br /> FUKE: I mean, if you see the construction workers all out there and, you know, you have the
<br /> framing and, you know, all of the walls and everything else, like, all done, and maybe the only
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<br /> EXHIBIT B
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