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HENKEL: All in favor? <br />COMMISSIONERS: Aye. <br />HENKEL: Opposed? Okay, public testimony is closed. So, I would look for a motion for <br />action at this point. <br />CLARKSON: I would like to hear the language that's being referred to. <br />KAY: Okay, thank you. This is under Condition G of that ordinance. The Applicant shall <br />provide their pro rata share for the construction of full improvements to the entire property <br />frontage along Kilauea Avenue consisting of, but not limited to, pavement widening with curb <br />or sorry—concrete curb, gutter, and sidewalk, drainage improvements, and any required utility <br />relocation meeting with the approval of the Department of Public Works. This pro rata share for <br />roadway improvements specified in this condition shall be determined by the Department of <br />Public Works and shall become due and payable to the County of Hawaii within six months <br />from the date that formal notice is served upon the Applicant, its successors, or assigns by the <br />Department of Public Works regarding a program for the installation of curb, gutter, and <br />sidewalk improvements along the frontage of Kilauea Avenue in proximity to the subject <br />property. <br />HENKEL: Thank you, and I'm sorry, Mr. Nishimura, as the language, as you understand it, that <br />would be okay with your client? <br />NISHIMURA (from audience): Yes. <br />HENKEL: Okay, then I'll look forward to a motion for action. <br />CLARKSON: I'm sorry. I have one more question. <br />HENKEL: Sure. <br />CLARKSON: Was—was there a requirement for subdivision and dedication in addition to pro <br />rata share or was there a setback or what, what about the land? <br />KAY: Sure, the prior condition asked for a 10 -foot wide future road widening strip to be <br />subdivided and dedicated to the County. <br />HENKEL: Thank you, Christian. <br />KAY: Thank you. <br />HENKEL: Is there a motion for action? <br />CLARKSON: Do we have to move for an amendment of the conditions first? Make a motion <br />— <br />9 <br />EXHIBIT C <br />