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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> KEY PROVISIONS OF THE DEVELOPMENT AGREEMENT <br /> <br /> The Development Agreement recognizes that Oceanside is providing the County with significant <br /> benefits of regional public purpose, including the development of the Mamalahoa Highway Bypass <br /> and the 140-acre Coastline Park. In turn, the County agrees that Oceanside can develop the <br /> project in accordance with the existing approvals and County code requirements. <br /> (Section L, Page 3). <br /> <br /> More specifically, the Development Agreement requires the following actions from both <br /> Oceanside and the County: <br /> <br /> Mamalahoa Highway Bypass <br /> <br /> • Oceanside shall be responsible for the acquisition of right-of-way for the <br /> entire Mamalahoa Highway Bypass from Keauhou to Captain Cook prior <br /> to approval of the first small-lot subdivision. (Section 10, Page 15). <br /> <br /> • Oceanside shall be responsible for the construction of the entire <br /> Mamalahoa Highway Bypass consisting of two (2) lanes between Keauhou <br /> and Captain Cook along an alignment approved by the County. <br /> (Section 13, Page 19). <br /> <br /> • Oceanside shall be responsible for all costs related to the planning, design <br /> and construction of the Mamalahoa Highway Bypass, including <br /> reimbursement to the County of all reasonable costs related to <br /> condemnation actions. (Section 15, Page 21). <br /> <br /> • Oceanside shall complete construction of the entire Mamalahoa Highway <br /> Bypass within five years of commencement of construction of the Bypass. <br /> (Section 13, Page 21). <br /> <br /> • The County agrees to utilize its condemnation powers in the event <br /> Oceanside is unable to reach agreement with any landowner to acquire the <br /> right-of-way, or any portion thereof, for use as the Mamalahoa Highway <br /> Bypass. (Section 11, Page 16). <br /> <br /> <br /> <br /> Development Agreement Executive Summary <br /> 4 <br />