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response, there has been some ongoing conversation between the applicants and the district <br />engineer whether or not that was going to be required and what other mitigation may take place <br />th <br />instead of that. So that’s something that is outlined in that October 17 response from Carlsmith <br />Ball. <br /> <br />And then one last thing, we found Condition W, there was just, and this is a condition for fair <br />share, it’s the third to last page in your conditions – I’m sorry, these aren’t numbered, I <br />apologize, but Condition W we pretty much x-ed out the entire existing condition because we’ve <br />got new language now for fair share – so this is now on the fourth line down of the new <br />underlined language, I’m sorry, it starts with, “The fair share contribution shall become due and <br />payable prior to receipt of Final Subdivision Approval.” Because the Project District allows for <br />both single-family and multiple-family dwellings, the trigger for fair share payment for <br />multiple-family dwellings is Final Plan Approval and not Subdivision Approval, so we’d just <br />like to add the language to say, “The fair share contribution shall become due and payable prior <br />to receipt of,” and this is what we are adding, “Final Plan Approval or Final Subdivision <br />Approval, whichever is applicable.” So that’s going to be the language we are proposing to add <br />to Condition W in order to just clarify the trigger point for different development for fair share <br />payment. And, with that, I’m happy to answer any questions the Commission may have. <br /> <br />UNGER: Commissioners? <br /> <br />VITOUSEK: Sure. I was just wondering how the fair share payments were adjusted, how it <br />went from what it was to what it is now. <br /> <br />KAY: Sure. So, fair share payment gets adjusted every year and it’s tied to Honolulu Consumer <br />Price Index. And generally our standard condition says three years after the date of the <br />ordinance it will start adjusting. So because this was, the original ordinance was granted back in <br />1999, we just updated to our standard condition with the new per multiple- or single-family <br />residential amount. And that’s something that’s pretty standard when we do amendments to <br />older Changes of Zone that have a fair share component, we generally will come and update <br />those. <br /> <br />VITOUSEK: So it’s like a standard formula for calculating that. <br /> <br />KAY: That’s correct. <br /> <br />VITOUSEK: Got you. <br /> <br />KAY: Yeah, and it’s updated every year, yeah. <br /> <br />UNGER: So, looks like that the Condition B is really what we are focusing on and trying to <br />determine what exactly that means or doesn’t mean. <br /> <br />KAY: That’s correct, yeah. And that’s where, we were really interested to see if there was <br />anything that would shed any kind of light on how to provide you with any kind of guidance on <br />5 <br />EXHIBIT C <br /> <br />