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promised in exchange for the increase in the value of the property that they received. They do <br />this because they represented they canÓt get the financing they want, but I donÓt see any proof of <br />that and I donÓt even know what financing that they are asking for. When economic conditions <br />improve, such as they realize greater profits and income, are they making any commitments to <br />return some of the benefits that they are asking you to waive and defer now? Of course not. <br />Once these benefits are waived or deferred, thatÓs permanent; itÓs a one-way street. YouÓre being <br />asked to join their team to relieve them of the promises to the community while keeping all their <br />benefits, and in fact get more, all at the publicÓs expense. I would just ask you to think about <br />whom do you represent. Thank you. <br /> <br />WATANABE: Okay, thank you. Do we have any questions for Mr. Van <br /> <br />BOWMAN: Mr. Chair? <br /> <br />WATANABE: Ms. Bowman. <br /> <br />BOWMAN: Am I -? Is it on? Under the new Condition 6, I guess, it states that <br />ÐMakalei È is a Òminor roadÓ and will not be open to the public <br />1,Ñ and it says Ðis opened for public use.Ñ Does that equate for you that it will be -. <br /> <br />VAN PERNIS: I would ask the condition to be more specific, that the connector road be <br />completed and opened to public use -. <br /> <br />BOWMAN: ThatÓs what is says -. <br /> <br />VAN PERNIS: Before Makalei Drive can be utilized. And in that respect Makalei Drive <br />is being proposed to be used for -. <br /> <br />WATANABE: No, Mr. Van Pernis, with all due respect, actually it does state that right <br />now Î the revised, not the original that you looked at at the prior -. <br /> <br />VAN PERNIS: If, if I could finish my statement here. There is also condition that <br />Makalei Drive not be used for construction vehicles; I would ask that that specific requirement <br />be made more specific by saying construction vehicles not only of Palamanui, their contractors, <br />also their grantees and lessees, because we have a situation where itÓs not enforceable. This <br />condition is not enforceable, if they for instance lease property or sell property to someone and <br />then they start running their construction vehicles up and down Makalei. There has been <br />discussion about, well, Makalei can be used for water construction or water improvement <br />constructions. We need specific requirements that no construction vehicles be utilized on <br />Makalei no matter, in relation to this project not just the, not just binding on Palamanui because <br />otherwise we are in a situation where -. What are we to do when these trucks are gliding up and <br />down on our 18 percent grade road? Call the police? We need something specific that we can <br />refer to. <br /> <br />WATANABE: Okay, Director -. <br /> <br />BOWMAN: Condition X states, ÐConstruction vehicles shall not utilize Makalei <br />Drive.Ñ <br />EXHIBIT B <br />20 <br /> <br />