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d. On February 28, 2008, a building permit (B2007-2665K) was issued <br /> for the construction of"NEW LOWER AND UPPER POOL AND <br /> SPAS W/FOUNTAIN&FOOTBRIDGE". <br /> Hence, between 2007-2010, the referenced permits—which included electrical <br /> rough-ins, foundation, and retaining walls—were completed and issued final <br /> inspection. <br /> 3. At its meeting of September 19, 2008, the Planning Commission <br /> ("Commission") granted a time extension of SMA 98-7 to December 13, <br /> 2013, to complete the project. <br /> C. DPM Acquisition LLC, dba Diamond Resorts International <br /> 1. DPM Acquisition LLC acquired the property in 2013. <br /> 2. In a letter, dated June 9, 2014, the Commission approved a time extension <br /> request to May 15, 2019. <br /> 4. On May 22, 2017, a new Final Plan Approval (Timeshares At Grand Kona <br /> Resort) was issued for 46 3-bedroom units with lock offs. With some slight <br /> modifications, the plans were essentially the same as the 2007 approved <br /> plans. The number of rooms was decreased (48 to 46)because of the size of <br /> the units with lock offs). The height of the structure (45 feet) and front yard <br /> setbacks (20 feet) were the same. There were a few more parking stalls (119 <br /> versus 115)with the same number (three) of loading zones. The approved <br /> plans reflected a 45-foot structure with 20-foot front yards setback, 115 <br /> parking stalls, and three (3) loading stalls. (Exhibit B) <br /> 3. In a letter, dated January 21, 2021, the Commission approved a time <br /> extension request to January 20, 2026, to complete the project. However, <br /> there were also temporal benchmarks that had to be fulfilled, including <br /> submittal of Plan Approval no later than January 30, 2022; submittal of a <br /> building permit no later than January 30, 2023; and commencing construction <br /> no later than January 30, 2024. (Exhibit C) <br /> Since the May 2017 Plan Approval was not exercised within two years and <br /> hence expired and the initial temporal benchmark of Plan Approval could not <br /> be met, per the condition of the amended SMA permit, without further action, <br /> the SMA permit (SMA 388)was automatically voided. <br /> D. Baywood Hotels <br /> 1, On May 1, 2023, Baywood Dia Inc. entered into a Purchase and Sales <br /> Agreement with DPM Acquisition, LLC with the intention of completing the <br /> project. <br /> 3 <br />