COM 0759.011 1996-1998 - Laserfiche WebLink

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P. On , 1998, pursuant to Development Agreement Code section 5(a) and Development Agreement Statute section 46-128, the County Council held a Public Hearing on the draft of this Agreement. Q. On 1998, pursuant to Development Agreement Code sections 50) and 5(e) and Development Agreement Statute section 46-129, after review and comment by appropriate governmental agencies of the draft of this Agreement, and consideration of all evidence presented and heard at the Public Hearing pursuant to the Development Agreement Code, the County Council found and determined that this Agreement complies and is in accordance with the County General Plan, as amended, and any applicable community development plans adopted by the County Council as of the date of the Enacting Resolution. In connection with said findings, the County Council passed the Enacting Resolution approving this Agreement for execution by the Mayor. NOw, THEREFORE, pursuant to the authority contained in the Development Agreement Statute, the Development Agreement Code, and the Development Agreement Rules, and in consideration of the mutual covenants and agreements set forth herein, the COUNTY and OCEANSIDE mutually agree as follows: 1. RECITALS. The recitals hereinabove are incorporated herein by this reference and made a part of this Agreement as though set forth in full herein. 2. DEFINITIONS. Whenever used in this Agreement, the terms defined below shall have the following meaning: a. AGREEMENT. "Agreement" shall mean this Development Agreement entered into by the COUNTY and OCEANSIDE, approved by the County Council through the Enacting Resolution, and executed by the Mayor on behalf of COUNTY. b. APPLICATION. "Application" shall mean the application for this Agreement submitted by OCEANSIDE to the Planning Department. C. APPRAISER. "Appraiser" shall mean any unbiased appraiser, licensed and certified in the State of Hawaii and appointed as provided herein. d. APPROVALS. "Approvals" shall mean any and all permits or approvals which have been or will be received by OCEANSIDE for the Project from the COUNTY, the State, or any other governmental or quasi-governmental agency pursuant to any Land Use Regulations as of the date of this Agreement, including, without limitation: (1) Change of Zone Approval (REZ 93-5), accepted by the County Council on June 15, 1994 as Bill 182, Draft 6 and signed into law by the Mayor on June 28, 1994 as Ordinance No. 94-73, attached hereto as Exhibit "S"; and amended and superseded by Bill 181, Draft 6 accepted by 4