PD BACKGROUND REPORT (PL-SMA-2022-012_AmendSMA-07-024_&_PL-REZ-2022-014_AmendREZ-07-075)

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(2) If the subdivider fails to timely complete or abandons the subdivision prior to final approval; or (3) If the agreement is terminated for any of the grounds stated in the agreement; the department of public works and when appropriate, the department of water supply may complete the improvements and recover the full cost and expense thereof from the subdivider. Section 23-83. Bond. (a) The agreement as specified in section 23-82 shall be secured by a good and sufficient surety bond (other than personal surety), certified check or other security acceptable to the director and approved by the corporation counsel, in the sum equal to the cost of all the work required to be done by the subdivider as estimated by the director of public works and the manager, if the subdivision is within the scope of the department of water supply requirements. The surety bond shall be payable to the County and when appropriate to the department of water supply. The bond shall be conditioned upon the faithful performance of any and all work required to be done by the subdivider. The reasons for these requests and other associated information are outline in the pages that follow. III. NATURE OF REQUESTS On behalf of the original Applicant, Carlsmith Ball, LLC submitted a letter dated January 30, 2014 (Exhibit E), requesting the administrative time extensions described earlier, it noted the recent acquisition of the subject property by the successor and current Applicant on August 1, 2013. The request explains the prompt actions of the current Applicant to address off-site park requirements by meeting with the Departments of Planning and Parks and Recreation and working to develop a design for the park. It also noted the effort to coordinate with then adjoining landowner to develop a new subdivision access road to Alii Drive as defined as Alternative 1 under Condition H as well as to develop a new subdivision layout for the development. Since the approval of this administrative time extension by the Planning Director in 2014 (Exhibit F), the Applicant has made significant progress to complete the project, as demonstrated by its accomplishment of the following milestones but encountered a severe financial obstacle when it lost its source of funding near the end of 2019: 1. Planned Unit Development Permit No. 15-000032 (PUD 15-000032) The Planning Department issues PUD 15-000032 that approves the Applicant's subdivision design principles in order to promote a more pedestrian-oriented community by allowing for a series of exceptions to the minimum requirements of the Zoning and Subdivision Codes. In a letter, dated August 13, 2020 (Exhibit I), the Planning Director acknowledged that the project is still in compliance with the terms of PUD. 3Page