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of that five years would be intact but the Final Subdivision would float off to the
<br />indefinite future or could per our ordinance.
<br />KUBOTA:No. Well, see, according to the ordinance as I read it, ÐFinal
<br />Subdivision Approval shall be secured within five years of the effective date of this
<br />ordinance.Ñ So it specifies that they have five years.
<br />GRAHAM:I think IÓm okay with that but Bill had a change he wanted to make
<br />with that. So IÓm not addressing whatÓs here on our paper. IÓm
<br />that he wanted to make.
<br />KUBOTA:Well, the change that he wanted to make was to add in Ðor
<br />completion of traffic signal improvement.Ñ That was the addition that he wanted to add
<br />to that condition.
<br />GRAHAM:Right. But itÓs a Ðor,Ñ not an Ðand.Ñ
<br />KUBOTA:Yeah, but, see, okay, it reads -. As I understood it, Bill, correct me
<br />if IÓm wrong. Your correction was, your amendment was, ÐFinal Subdivision Approval,Ñ
<br />no, wait now, wait now, wait now, wait, where am I? Okay, ÐFinal Subdivision Approval
<br />or completion of traffic signal improvement shall be secured within five years from the
<br />effective day of this ordinance.Ñ Oh, so that leaves out the Final -. I see what youÓre
<br />saying, okay, okay. IÓm sorry, I missed that one.
<br />YUEN:And I know this is not the intent; but as a technical matter, it also
<br />suggests that Final Subdivision Approval can be granted without the signal. When he
<br />says that Final Subdivision Approval or signalization shall be done in five years, it
<br />suggests that; and thatÓs what IÓm working on.
<br />KUBOTA:Right, right, I see that, yes.
<br />MOORE:I think if you look at, if I can, Condition C corrects that where it
<br />says that Ðthe Applicant shall be responsible for construction or paying for the traffic
<br />signal.Ñ And, again, the way this is worded, and this is our suggested language, is that we
<br />will be responsible for the construction. If Keaau Service Station doesnÓt move ahead
<br />and weÓre the only ones out there, we are 100 percent responsible for the construction of
<br />that signal; and we need to do it prior to Final Subdivision Approval. So there is security
<br />in this. Whereas, is, itÓs in our interest then to accelerate if Keaau Service Station is
<br />moving ahead, then our commitment is one-half of that. But if they do not move ahead
<br />and, again, I specifically offered this language, ÐThe Applicant shall be responsible for
<br />construction and/or paying.Ñ So if we have to construct it, weÓre going to pay 100
<br />percent. If weÓre paying for it, then itÓll be a pro rata, be 50 percent, weÓll work with the
<br />other person. So weÓre at risk for 100 percent of the traffic signal which we have to have
<br />in place prior to Final Subdivision Approval. So, you know, thatÓs the security that is in
<br />there already.
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