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<br /> <br /> <br /> <br /> <br /> <br /> Project. OCEANSIDE shall not co gated to adhere to and perform the terms and <br /> <br /> conditions of this Development Agreement ("Agreement") until it has commenced construction <br /> <br /> of the Project and provided that any zoning approvals and permits that OCEANSIDE has <br /> <br /> received have not been challenged and overturned by or that such challenges are not pending <br /> <br /> resolution before a court of law or a comparable federal, state or county administrative body. <br /> <br /> For purposes of this paragraph, "commenced construction" shall mean that OCEANSIDE has <br /> <br /> been awarded final subdivision approval and has received all necessary construction permits <br /> <br /> for the Project. <br /> <br /> M. Pursuant to Sec. 46-121, HRS, Hawaii County Code Chapter 30, and Hawaii <br /> <br /> County's Rule 1, relating to Development Agreements, the COUNTY and OCEANSIDE have <br /> <br /> entered into this Agreement. This Agreement will: (I) provide for the parameters within <br /> <br /> which the obligations of OCEANSIDE for public and other improvements will be met; (ii) <br /> <br /> provide assurances to OCEANSIDE that the project will not be restricted or prohibited by the <br /> <br /> subsequent enactment or adoption of more restrictive Land Use Regulations, including but not <br /> <br /> limited to changes in zoning classifications or revocation of OCEANSIDE's Approvals, except <br /> <br /> when, with the agreement of OCEANSIDE, it becomes necessary to preserve the public <br /> <br /> <br /> health, safety and welfare; and (iii) provide appropriate assurances to OCEANSIDE that it <br /> <br /> may complete the development and construction of the Project in accordance with all Land Use <br /> <br /> Regulations and Approvals applicable to the Project on the date of this Agreement, subject to <br /> <br /> OCEANSIDE's adherence to and performance of all material terms and conditions of this <br /> <br /> Agreement. <br /> <br /> N. Use of this Agreement will reduce or eliminate the uncertainty in the Project <br /> <br /> planning and development approval process, which in turn, would encourage the efficient <br /> <br /> 4 <br />