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2006-04-07 TAinaloa
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2006-04-07 TAinaloa
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the reasons that I stated earlier. My expectationis that the money will not be paid within <br />a year and my hope then would be that the permit would terminate. <br />ALAMEDA:Thank you. Commissioners, any questions for any of our party <br />members? Commissioner Galdones? <br />GALDONES:Thank you, Mr. Chair. Question to Ms. Leithead. In reference to <br />the $500,000, are there assurances that after one year, if theres no performance on the <br />golf course that occurs, that we will, the County will get the $500,000? Is there any other <br />way that they can get out of this? <br />LEITHEAD-TODD:Basically, if they dont pay within a year, because theres no <br />administrative extension of that one year to perform, they would have to seek permission <br />from the Planning Commission to extend that one year; and then it would be up to the <br />PlanningCommissionwhethertheywouldgivethemanextension.And,atthatpoint, <br />you know, lets assume worst case scenario the money does not come and then it comes <br />forward, its a new year, its a new condition, the Commission can do what it will in <br />terms of approving an extension or denying an extension. And the standard of review if <br />it were to go up to Third Circuit Court on a denial of the time extension, I think would be <br />substantially different than when youre looking at whether a monetary condition is <br />reasonable under the circum--, its a different standard because you are not required <br />under the law to give the time extensions, you know. So its just, but thats really <br />speculative. I think that the one year is a reasonable time frame. You know, frankly, its <br />my hope that the property owner, the developer, actually is able to come through with <br />that half million, that the economy is doing well and he can come through, and we can <br />put the money in, you know. That may or may not happen, thats something I dont have <br />control over. <br />ALAMEDA:Follow-up Commissioner Galdones, and then Commissioner <br />Watanabe. <br />GALDONES:Yes. Then I would like to direct the question over to Ms. Song. <br />Speaking for your client, do you believe that there will be, if they will not make the golf <br />course materialize, that they will pay the $500,000 within the one year? <br />SONG:I cant speculate one way or another. This is, this was an <br />agreement my clients agreed to. All I can tell you is what the agreement said, that my <br />client agreed to it, that my client understands that either he has to pay $500,000 within a <br />year or when he applies for a grading permit, whichever occurs first. He understand that <br />and he said hed agreed to it, and that there is no time extension administratively, which, <br />in all likelihood means there would no time extension. And either the money is paid for <br />and the project can go ahead, or the money is not paid for and the project dies. <br />ALAMEDA:Mr. Galdones, follow-up? <br />20EXHIBIT D <br /> <br />
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