COM 0759.011 1996-1998 - Laserfiche WebLink

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agreed that both parties have satisfied all of the terms and conditions of this Agreement as further evidenced by a resolution of the County Council pursuant to Paragraph (48), herein. 4. AFFECTED LAND. The Property that is the land subject to this Agreement and the Right-of-Way for the Bypass Highway. 5. PERMITTED USES OF THE PROPERTY. Permitted uses of the Property shall be all uses permitted under the Land Use Regulations and Approvals, including, without limitation, the permitted uses in Chapter 205, HRS, the Zoning Code section 25-5-72, and all supplemental uses allowed under Zoning Code sections 25-4-1 through 25-4-14. 6. DENSITY OF USE. With the exception of that use described under Zoning Code section 25-4-9, one (1) dwelling unit per building site is permitted on the Property pursuant to Zoning Code section 25-5-72(a)(9). 7. MAXIMUM HEIGHT OF PROPOSED BUILDINGS. The height of the buildings proposed for the Property shall be limited to the maximum height restrictions contained in the Zoning Code. 8. MAXIMUM SIZE OF PROPOSED BUILDINGS. The size of buildings proposed for the Property shall be limited to the maximum size restrictions, if any, contained in the Zoning Code. 9. BENEFITS. The COUNTY acknowledges that OCEANSIDE is providing the benefits to the County and/or the Community. 10. ACQUISITION AND DEDICATION OF LAND FOR BYPASS HIGHWAY. a. The Bypass Highway has been determined by the COUNTY as providing a regional public purpose and will therefore benefit the COUNTY. OCEANSIDE shall be deemed to have satisfied the requirements of Condition M(2) of Ordinance 96-7 and Condition L(2) of Ordinance 96-8, if and when it has: (i) acquired all Segments of Right-of-way, or (ii) acquired one or more Segment(s) of Right-of-Way and the remaining Segments have been requested by OCEANSIDE for the COUNTY to condemn. b. OCEANSIDE shall attempt to negotiate a purchase price with any and all [Sellers] Persons. Should OCEANSIDE and any [Seller]Person be unable to negotiate a mutually agreeable purchase price, then OCEANSIDE shall provide to [Seller] the Person a list containing no less than three (3) and no more than five (5) qualified Appraisers to appraise the value of the [Seller's] Person's Segment(s) of the Right-of-Way. From the list of Appraisers, the [Seller]Person shall select one (1) Appraiser to assess the value of the Segment(s). OCEANSIDE may offer to purchase the fee simple interest in the Segment(s) from [Seller]the Person for a price at or near the appraisal value as determined by the Appraiser. Should OCEANSIDE and [Seller] the Person be unable to select an Appraiser or if [Seller] the Person and OCEANSIDE cannot decide on a price recommended by mutually selected Appraiser, then upon written 10