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KERN: And that's where the blanket condition at the bottom comes into place,just like if you are
<br /> dealing with a property that's outside of the SMA,they still have to comply with those rules even
<br /> though there isn't an explicit condition within an attach, adjoining permit.
<br /> VITOUSEK: Right. I just feel like, again, that having that as a condition, seeing that you have to
<br /> comply with your landscaping plan, leaves little doubt, and that it gives whoever would acquire
<br /> the knowledge that, okay, there is a landscaping plan that exists that I have to comply with.
<br /> KERN: Like I said, I don't, I'm good either way on that one.
<br /> VITOUSEK: Okay.
<br /> DEFRANCO: So,just that, you know, I'd like, Mr. Fuke, the proportional obligations that you
<br /> spoke of, and trying to understand like in the history of this, you know, I understand why it
<br /> happened, and I do understand that he bought it as is, but I do look at this as he is trying to also
<br /> look what's happened to the dynamics of Kailua-Kona and trying to make a parking place that's
<br /> safe, that's clean and is trying to come to some kind of reasonable conclusion, and I think that the
<br /> way that theyI'm not sure if there is a way to meet in the middle, I mean it's almost like if it's a
<br /> public place, then he can't,people can't, he can't charge for it because it's public, right?
<br /> FUJIMOTO: Right.
<br /> DEFRANCO: So, he can't do anything about the cars being left there or anything being done
<br /> there, because it's public, he can't do that. Now, he and the people before him and everything,
<br /> this has been offered to Kona this whole time as free parking, right, and now it seems like, it
<br /> makes sense to look at this again and to see if he gets what he is asking for is to take away this part
<br /> of commitment as a public parking and privatize it. Is that right? Am I on the
<br /> FUJIMOTO: That's correct. But still offer it to the public.
<br /> DEFRANCO: Yeah, and still have public parking
<br /> FUJIMOTO: Exactly.
<br /> DEFRANCO: coming from a private place. And it's right, you know, you go to have lunch
<br /> down there, and someone, some people charge twelve dollars for 30 minutes, you know, while you
<br /> are, you know. So, it is all of us trying to digest really what you are asking because those are
<br /> some of the few free parking spaces available down there. But we also have the vagrancy
<br /> happening and the vandalism happening and the drug addictions happening, without being able to
<br /> do something about it. I don't know, maybe the community has moved this to the place it is right
<br /> now that we have to look at changing it to protect the community.
<br /> FUJIMOTO: It's not safe over there. A lot of people are not, they don't want to walk down there.
<br /> But I fixed the lights, the lights were broken before, so they feel a little bit safer. But the people in
<br /> the condo right next to it, like you see
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<br /> EXHIBIT A
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