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COM 0092.029 2004-2006
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COM 0092.029 2004-2006
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Last modified
1/12/2017 10:50:02 AM
Creation date
5/8/2008 11:22:08 PM
Metadata
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Template:
Communications
Communications - Type
COM
Communications - Council Term
2004-2006
Communication
0092
Point
029
Author
Chris Yuen, Planning Director
Communications - Referred To
COUNCIL
Comments
Council: Close file - 4/06/05
Document Relationships
AGE COUNCIL 04/06/2005 2004-2006
(Related)
Path:
\Council Records\Agendas\2004-2006\Council
BIL 355 Draft 01 2002-2004
(Related)
Path:
\Council Records\Bills\2002-2004
BIL 356 Draft 01 2002-2004
(Related)
Path:
\Council Records\Bills\2002-2004
COM 0092.000 2004-2006
(Related)
Path:
\Council Records\Communications\2004-2006
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extinguishes all claims for pre-existing lots of whatever type within the Continental Lands <br />covered by this Agreement. <br />B. Continental will withdraw the four (4) appeals referenced herein which are <br />pending the April 12, 2002 bearing with the Board of Appeals. The County of Hawaii will <br />withdraw its letters on pre-existing lot determinations for the Continental Lands. <br />C. This Agreement is without prejudice to Continental's right to challenge the <br />application of Chapter 34 with respect to property not covered by this Agreement. By entering <br />into this Agreement Continental does not wnoede that the County of Ilawaii properly exercised <br />its authority under Chapter 34. <br />D. The County of Hawaii does not waive its potential rights to require further public <br />access over the lands covered by this Agreement pursuant to Chapter 34 for any further <br />applications for land use approvals, such as subdivisions, rezonings and SMA permits, other than <br />the applications contemplated herein, to which public access conditions may be attached <br />nursuant to law. <br />E. The County of Hawaii agrees that any rules and ordinances adopted or amended <br />after the Board of Appeals hearing on February 8, 2002 and until April 12, 2002 shall not apply <br />to the subdivision of Continental Lands as described herein because this is a settlement of a <br />disputed claim. The County of Hawaii agrees not to adopt any rules that would change the <br />requirements for these subdivisions to obtain final subdivision approval in a way inconsistent <br />,pl with the terms and intent of this Agreement. The County administration agrees not to introduce, <br />and shall actively object to any proposed ordinances that would change the requirements for <br />these subdivisions to obtain final subdivision approval in a way inconsistent with the terms of <br />this Agreement. The County administration will support any changes necessary to the proposed <br />ordinance regarding pre-existing lots so that it would not apply to alter the terms of this <br />Agreement, and agrees that if this Agreement is executed before the proposed ordinance becomes <br />law, it would not affect the terms of this Agreement. This paragraph does not apply to laws or <br />rules necessary to protect public health or safety. <br />F. All the terms, rights, obligations and duties of the parties to this Agreement shall <br />inure to the benefit of and be binding upon the parties and their respective heirs, devisees, <br />personal representatives, successors and permitted assigns. <br />G. Subdivisions: <br />Tentative Approval: The County of Hawaii agrees to expedite processing <br />for tentative approval of the preliminary map(s) for subdivision of the <br />Continental Lands. As the terms are used in this Agreement, "expedite" or <br />"expeditiously" shall mean the Planning Department's receipt and <br />rejection, or acceptance for processing and transmittal of relevant <br />2019077.1.054151-00002 4/12/2002 13.1 1 <br />
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