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And also, to the testifier, the word was that the, they weren't active; they weren't, they didn't use
<br /> the word, "dissolve." So if you all have questions about whether the, what they were testifying
<br /> to, the word was they weren't listed as active at the time, but there was no discussion of the
<br /> corporation being dissolved.
<br /> VAN PERNIS: At the time - - -
<br /> CARR
<br /> - -CARR SMITH: - - - clarification. Mike, go ahead.
<br /> VITOUSEK: And I believe that the application lists DPM Acquisition dba Diamond Resorts
<br /> International. There is plenty of information on the interweb about Diamond Resorts
<br /> International being an active developer, so I don't, I'm not a corporate lawyer, I don't know that,
<br /> but if they are doing business by Diamond Resorts International covers the - - - LLC that doesn't
<br /> have their annual filing completed, I think that should pretty much justify their- - -project, and I
<br /> think that we can move forward.
<br /> Going back to the completion issue, commencement isI don't want to talk to commencement.
<br /> I don't want to have to have the start of commencement be the end. I think we have to figure out
<br /> language that everybody is comfortable with, including the developer, saying that the project is
<br /> moving forward to a point where we all agree that it will be completed, and whether, if that
<br /> language is too vague and if we need to - - -with framing inspection, that is what I think we need
<br /> to figure out right now. I don't know, is it possible to poll on who would prefer to have it be
<br /> substantial completion and who would rather have it as framing inspection?
<br /> CARR SMITH: Yeah, who, okay, so, Commissioners, which of you likes substantial completion
<br /> versus, substantial completion versus a specific time frame? I'm kind of like this.
<br /> VITOUSEK: Is there a recommendation from our attorney on which would be a better term to
<br /> use?
<br /> CARR SMITH: Malia?
<br /> HALL: Sid, could you please read the last part? Because you basically said that it was
<br /> substantial commencement, the last part, substantial commencement with
<br /> FUKE: Yeah
<br /> CARR SMITH: Go ahead, Sid.
<br /> FUKE: Sure, okay. So it would be, "except that if the project is substantially constructed but
<br /> not completed, it may be extended by the LPC [Leeward Planning Commission]." The reason
<br /> why I kind of like prefer the substantial approachment is that, you know, you already have on the
<br /> record, based on today, like how do you, you know, like intuitively define "substantial,"you
<br /> know. So if there is any question by, you know, like the commissioners back in, you know, in
<br /> 2025, for example, when this comes up for the Planning staff to determine what is substantial or
<br /> not, I mean I would go back to the record to see like what was the intent. And I think the basic
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<br /> EXHIBIT B
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