Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> <br /> (2) eighty percent (80%) of the funds received from the Honalo-Captain Coo c <br /> <br /> Existing Mamaloha Highway Corridor will be paid to Oceanside; (3) one hu ,dre.. <br /> percent (100%) of the funds received from the Honalo-Captain Cook-Mauka q,., j <br /> <br /> will be paid to Oceanside; (4) one hundred percent (100%) of the funds rec( iv -,9 <br /> <br /> from the Honalo-Captain Gook-Makai Area will be paid to Oceanside, and; i <br /> <br /> sixty-five percent (651h) of the funds received from the Captain Cook to Milc <br /> <br /> area will be paid to Oceanside. (Exhibit J-45). <br /> <br /> 46 County Ordinance 96-8 authorized a reimbursement process for the costs <br /> incurred by Oceanside for the construction of the Mamalahoa Bypass Highway <br /> <br /> from funds collected by the County from other developers or landowners tha <br /> <br /> have benefited from the road. (Exhibit J-354). <br /> <br /> 47. This provision also referred to the Development Agreement to set forth the to rn s <br /> <br /> and conditions of reimbursement for costs incurred for the construction, land <br /> acquisition and design of the Mamalahoa Bypass highway. (Exhib.ItJ-354). <br /> <br /> 48. The Development Agreement created a "fair share" allocation scheme that wac; <br /> <br /> based on benefits to landowners rather than on the impacts of their re-zoning <br /> <br /> (See generally Test. of$ill Moore, 719107- 711210 1, <br /> <br /> 49. The County then adopted this allocation based on benefits conveyed to the <br /> landowners rather than the impacts imposed by the landowners. (Test. of B. <br /> <br /> )eithead-Todd, 7/13/07 (23:23-25); J-362 at 3316). <br /> <br /> 50. None of the private landowners participated in the negotiations for this thirty-y :ai <br /> <br /> "fair share' allocation in the Development Agreement (E)ehibitJ-45). <br /> <br /> <br /> <br /> <br /> <br /> ~ 1> <br />