Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> af. PROJECT. "Project" shall mean that agricultural lot community and its various <br /> components, also including but not limited to the lodge, golf course, golf clubhouse, and the coastline <br /> <br /> park, and more fully described and shown in Exhibit "J" attached hereto and incorporated herein by <br /> reference. Project shall not include the Bypass Highway. <br /> <br /> ag. PROPERTY. "Property" shall mean any and all conservation lands and areas <br /> which are the lands under the Change of Zone Approvals: (1) accepted by the County Council on <br /> June 15, 1994 as Bill 182, Draft 6, signed into law by the Mayor on June 28, 1994 as Ordinance <br /> <br /> No. 94-73 attached hereto as Exhibit "S", and amended and superseded by Bill 181, Draft 6, accepted by <br /> the County Council on January 3, 1996, and signed into law by the Mayor on January 15, 1996 as <br /> <br /> Ordinance No. 96-8 attached hereto as Exhibit "B"; and (2) accepted by the County Council on <br /> January 3, 1996 as Bill 158, Draft 5, and signed into law by the Mayor on January 15, 1996 as Ordinance <br /> No. 96-7 attached hereto as Exhibit "C"; that is, those lands which include the 711.2 acres of land (more <br /> <br /> or less) located on and in the Island and County of Hawaii, identified as Tax Map Key No. 7-9-12: 03, <br /> and the 580.63 acres of land (more or less) located on and in the Island and County of Hawaii and <br /> <br /> identified as Tax Map Key No. 8-1-04: 03 (portion), both of which OCEANSIDE owns in fee simple; <br /> and 260.8 acres of land (more or less) located on and in the Island and County of Hawaii, identified as <br /> Tar Map Key Nos. 7-9-12: 04 and 7-9-12: 11, and more fully described and shown in Exhibit "K" <br /> <br /> attached hereto and incorporated herein by this reference, which OCEANSIDE leases from Ackerman <br /> Ranch under the development lease dated July 28, 1989, a short form of which is attached hereto as <br /> <br /> Exhibit "L", and incorporated herein by this reference. <br /> ah. PUBLIC ACCESS PLAN. "Public Access Plan", also known as the "Public <br /> Shoreline Access Plan", shall mean that plan, developed in consultation with community groups and <br /> <br /> submitted to and to be approved by the Director, as required by the COUNTY pursuant to Condition 8 of <br /> SMA Permit No. 345, Condition H of Ordinance No. 96-8, and Condition K of Ordinance No. 96-7, and <br /> <br /> subject to the terms and conditions as set forth in this Agreement. <br /> ai. PUBLIC HEARING. "Public Hearing" shall mean the public hearing held for <br /> purposes of receiving public comments regarding the draft of this Agreement as required pursuant to <br /> <br /> Rule 1-6(d) of the Development Agreement Rules. <br /> aj. RiGHT-OF-WAY. "Right-of=Way" shall mean the route required for construction <br /> <br /> of the Bypass Highway. <br /> ak. SEGMENT(S). "Segment(s)" shall mean that portion of Right(s)-of-Way falling <br /> within a parcel or parcels of land owned by Seller(s). <br /> <br /> <br /> <br /> <br /> 8 <br />