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2015-07-16 Leeward Exh C (Amend SMA 314)
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2015-07-16 Leeward Exh C (Amend SMA 314)
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<br />VITOUSEK: Yes. <br /> <br />AYABE: Yes. <br /> <br />BEAUDET: If you could please introduce yourself. <br /> <br />VITOUSEK: I’m Randy Vitousek, and -. <br /> <br />AYABE: Lisa Ayabe. <br /> <br />BEAUDET: Thank you. <br /> <br />VITOUSEK: If I may, Mr. Chair, Lisa is the one who is actually doing the hard work of putting <br />these together, but I just want to give you a little bit of background. The parcel you see that the <br />CPRs are on was owned by the Loo family, and they sold it to Mr. Clayton Manning. And <br />Mr. Manning, when he got a CPR and got an SMA permit, sold the CPR units to five different <br />owners, and then defaulted on the note to the Loos. And so here we have five CPR owners with the <br />fee underneath their CPRs being foreclosed by the Loo family. So there was litigation that came <br />out of it, and the court reached the resolution among the owners and Loo, you know, the fee owner <br />of the property, and appointed our, we, our firm is appointed by the court to try to straighten out the <br />SMA and CPR issues so that the properties can be finally, you know, deeded to the different <br />families; in other words we are not representing a developer, the developer is out of this, we are <br />representing the Third Circuit Court and being paid by the five owners in order to try to get the CPR <br />finalized, amended and squared away, and get the SMA permit in place so that these people can <br />finally get what they thought they bought about 20 years ago. And so that’s the context that this is <br />in. The Planning Department has been fantastic in working with us, working with the court, to try <br />to reach this resolution. And Lisa is the one who has really been doing the nuts and bolts that has <br />been difficult, so I’m going to turn it over to her. But I just really want you to know that this is, <br />that’s the context, you know, the context is we are appointed by the court, we answer to the court, <br />and we are trying to get the permitting squared away and the CPR squared away so that they can <br />finally effectuate the settlement that they reached in litigation between Manning and Loo. Thank <br />you. <br /> <br />BEAUDET: Thank you, Mr. Vitousek. <br /> <br />AYABE: Hi. So I just wanted to explain that, you know, the owners were requesting an <br />amendment to the Condition 3 relating to the construction. As you can see, the owners have Unit C <br />and Unit E, have already constructed their dwelling. And their concern with respect to the SMA <br />permit as it currently stands is that they are tied to the construction of dwellings on Units A/B, D <br />and F, and they really don’t have control over that; so they are just concerned about having the, you <br />know, they wanted to modify the existing language so that they have more control. We are all <br />working together to satisfy the outstanding conditions under the tentative approval. The owners are <br />exploring whether or not they want to pursue a subdivision, which is why Jeff mentioned the <br />alternate language to give the owners some flexibility. There are multiple owners, and so getting <br />agreement from all of them takes a little bit of time. Also to come up with the funds necessary to <br />4 <br />EXHIBIT C <br /> <br />
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