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PLUNKETT: Yeah, they are about halfway through. So it does take a long time. You know, <br /> we are comfortable with a tighter timeline so long as there are some tests whereby that we can go <br /> into the planning director and say look, this is the progress this project is making and, you know, <br /> can you grant an extension, if more time is needed. I can't, I don't have a crystal ball for the <br /> market to know exactly when, you know, it'll be brought on. Our first, our first project is to get <br /> the entitlements to actually do it. And so, you know, but we do have to have some significant <br /> amount of latitude to adjust for the market and adjust for the timelines that's required, Mr. <br /> Chairman, to bring the project to operation. <br /> VITOUSEK: So, I mean, does it make sense then toI guess two, two possible options—does it <br /> make sense to proceed with the Change of Zone ordinance now, and then you come back with <br /> the SMA permit when you are ready to discuss to do the actual project? <br /> PLUNKETT: These are all joined at the hip, so I don't know how we could possibly separate <br /> them, I mean <br /> VITOUSEK: I mean the issue, one of the issues that I as you know, forgive me, there is a lot <br /> of information but one of the issues, the kind of big-picture issue with Waikoloa development <br /> is that the existing SMA allows for 3,000-something units, but the current zoning restricts the <br /> amount of the units that can be done under the existing SMA permit because of the larger density <br /> of certain areas. And so if we were to—and, as you all know, zoning is zoning that's tied to the <br /> land, SMA is specific project that's what is being built, that's a permit to build what you want to <br /> buildso, is this an opportunity to look at the zoning independent of the SMA or if they are all <br /> going to be joined and we are going to tighten down the timeline indicating that a project will <br /> commence within five years, with the option for an additional five-year extension from the <br /> director? <br /> PLUNKETT: You know, that's the type of thing that, you know, we don't mind coming in in <br /> five years, and say if we are unable to get underway by that point in time for whatever reason, <br /> then we come in and we can demonstrate that we have made a certain amount of project process, <br /> I mean progress, that then he would consider that a good faith and—Sid can give you the <br /> language—but, you know, that's the type of thing that I think is reasonable. I'm used to <br /> development agreements whereby you have to meet certain benchmarks to keep moving forward, <br /> and, but yet, you have the ability to get extensions if you are making progress. And there can be <br /> circumstances that slow you down. So there is no desire on our part to stretch this out longer <br /> than we need to; I just want the ability to know what we have, and then we can proceed forward <br /> because we need to invest a ton of money to get these things off the ground, and so <br /> BOEDDEKER: Chairman, can I just interject, too, from the Foundation's perspective? And I <br /> am a principal of Waikoloa Land as well, but <br /> VITOUSEK: Sure. <br /> BOEDDEDER: The funding, and really some of the sole funding for the Waikoloa Foundation <br /> will come out of this project. I can assure you that I will not let them wait very long to let this <br /> 21 <br /> EXHIBIT D <br />