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<br /> <br /> <br /> <br /> <br /> h. COUNTY. "COUNTY" shall mean the County of Hawaii, municipal <br /> <br /> corporation, and where applicable, the appropriate departments and agencies but does not include the <br /> County Council. <br /> i. COUNTY COUNCIL. "County Council" shall mean the County of Hawaii <br /> <br /> County Council. <br /> i. DENSITY. "Density" shall have the meaning given such tern in the <br /> <br /> Zoning Code. <br /> k. DEVELOPER. "Developer" shall mean a person, corporation, organization, <br /> partnership, association, or other legal entity constructing, erecting, enlarging, altering, or engaging in <br /> <br /> any development activity. <br /> 1. DEVELOPMENT AGREEMENT CODE. "Development Agreement Code" shall <br /> <br /> mean Ordinance No. 93-37, which ordinance was passed into law on April 27, 1993 (now HCC chapter <br /> 30). <br /> in. DEVELOPMENT AGREEMENT RULES. "Development Agreement Rules" shall <br /> <br /> mean County of Hawaii Office of the Mayor Rule I regarding Development Agreements, approved by <br /> the Mayor on May 16, 1995 and filed in the Office of the County Clerk on May 18, 1995. <br /> <br /> n. DEVELOPMENT AGREEMENT STATUTE. "Development Agreement Statute" <br /> shall mean HRS sections 46-121 through 46-132. <br /> <br /> o. DIRECTOR. "Director" shall mean the Director of the Planning Department of <br /> the County of Hawaii. <br /> P. ENACTING RESOLUTION. "Enacting Resolution" shall mean Resolution No. <br /> <br /> approving this Agreement, adopted by the County Council on <br /> , 1998, a copy of which is attached hereto as Exhibit "I" and incorporated <br /> <br /> herein by this reference. <br /> q. ExACTION. "Exaction" shall mean any and all exactions; fair share <br /> contributions, impact or in-lieu fees or payments; dedication or reservation requirements; obligations for <br /> <br /> on- or off-site improvements or construction requirements for public facilities or infrastructure; or <br /> services called for in connection with the development or construction of the Project pursuant to the <br /> <br /> Land Use Regulations and Approvals. <br /> r. GOVERNMENTAL ENTITY OR AGENCY. "Governmental entity or agency" shall <br /> mean and include, without limitation, the legislative, administrative and executive branches of the local, <br /> <br /> state and federal governments. <br /> S. HCC. "HCC" shall mean Hawaii County Code, as amended. <br /> <br /> <br /> 6 <br />