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issue the permit to the lot owner – and there is nothing in this that stops him from getting a building permit – once that permit is in the hands of the individual lot owner, it’s going to be very difficult to stop them from occupying, having enjoyment of their property over a condition that is the developer’s condition.So it’s something to consider, and I didn’t want to -. Given this opportunity, I thought I should bring it up. Thank you. GRAHAM: Thank you, Ki. Follow-up, Commissioner Watanabe, or -? WATANABE: Maybe we can have the representative clear it out. Sidney? GRAHAM: Mr. Fuke? FUKE: Sure. You look at all subdivisions that have been bonded and approved: Two major ones that are kind of like doing house and lot deals, for example, and where the subdivisions have been bonded with an agreement, Lualai for example in Waimea and the other one is Pualani. You’ve got subdivisions that are approved, lots have been sold and homes are being constructed, but no occupancy is allowed; or like the Water Department will not provide you with water service until such time that all the improvements are in. The Corporation Counsel’s office must review and approve the dedication document, they’ve got to then be approved by the Water Commission; and only after that is done, will the Water Department grant you a meter. So effectively you don’t have any water. You can’t occupy it. So whether the Planning Department enforces it or not, there are other controlling mechanisms that would prevent a person from physically occupying a building without getting all the required infrastructure. GRAHAM: So then maybe in respect to Mr. Emler’s comment, anybody who purchases the land would have to be put on notice of that to begin with, so he can’t go building expecting to occupy a house. FUKE: Well, as Mr. Emler had noted, I pointed out to him a section of the existing Zoning Code which already provides this restriction, that when you have a subdivision that’s approved with a bond and an agreement, it’s clear that you cannot occupy until such time that all of the improvements have been in place. And that’s Section 25-4-2(b)(2). I mean that’s the Code. So what we’re stating over here is kind like double whammy. The other thing to bear in mind is about the bonding and agreement for these improvements over here; I mean if it weren’t for the community, if it weren’t for Councilman Hoffman and others, saying that, hey, do a roundabout and forget about the traffic lights, you know, we would not be here essentially. Because – the second access is very critical, but – you know, doing the roundabout one, maybe definitely cannot do the roundabout unless this Code is amended. If we wanted to just do a standard intersection like six or eight months ago, we could have done that. But we are trying to do this to accommodate what some of the community members are saying, and what the Public Works like Ron Thiel at the Traffic Division, and Bruce McClure and I, you know, all the discussions we’re saying to kind of hold off, so that’s the reason why we are here. We are not asking for any concessions that would compromise the overall intent of the project. GRAHAM: Thank you, Mr. Fuke. Commissioner Siracusa? EXHIBIT C 10