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<br /> <br /> <br /> <br /> <br /> r COUNTY OF HAWAII STATE OF HAWAII <br /> <br /> <br /> <br /> RESOLUTION NO. 244 98 <br /> (Draft 3) <br /> A RESOLUTION AUTHORIZING THE COUNTY OF HAWAII TO ENTER INTO A <br /> DEVELOPMENT AGREEMENT WITH 1250 OCEANSIDE PARTNERS. <br /> <br /> WHEREAS, the Hawaii State Legislature, under section 46-123, Hawaii Revised <br /> Statutes, granted authorization to the County of Hawaii (County) to enact an ordinance <br /> authorizing the executive branch of the County to enter into a development agreement with any <br /> person having a legal or equitable interest in real property for the development of such property; <br /> and <br /> <br /> WHEREAS, pursuant to 46-123, Hawaii Revised Statutes, the Hawaii County Council <br /> <br /> enacted Ordinance No. 93-37 (Chapter 30, Hawaii County Code) establishing the requirements <br /> for Development Agreements, which ordinance was passed into law on April 27, 1993; and <br /> <br /> WHEREAS, pursuant to Section 46-123, Hawaii Revised Statutes, and Chapter 30, <br /> Hawaii County Code, the County adopted rules governing Development Agreements on May 16, <br /> 1995; and <br /> <br /> WHEREAS, 1250 Oceanside Partners, a Hawaii limited partnership, dba Oceanside 1250 <br /> (Oceanside) is the owner in fee simple and lessee of certain lands situated in North and South <br /> Kona, Hawaii County, Hawaii, TMIC (3)7-9-12:03, (3) 7-9-12:04, (3)7-9-12:11 and <br /> (3)8-1-04:03 (por) Property") and more particularly described in Exhibit "A", as modified, of <br /> the Development Agreement (Oceanside Development Agreement), which is attached hereto and <br /> incorporated herein; and <br /> <br /> WHEREAS, Oceanside or its related entity, affiliate or subsidiary, plans to develop the <br /> Property and has submitted a development agreement and application to the Office of the Mayor, <br /> and <br /> <br /> WHEREAS, Oceanside's development will provide many public benefits to the County <br /> through the zoning, Special Management Area conditions of approval, and the imposition of on- <br /> and off-site development requirements; and <br /> <br /> <br /> WHEREAS, pursuant to Section 30-5(d), Hawaii County Code, the Mayor, through the <br /> Planning Director, has submitted a final draft of the Oceanside Development Agreement to the <br /> County Council for its action; and <br /> <br /> WHEREAS, pursuant to Section 3013(6), Hawaii County Code, the Mayor may enter into <br /> development agreements on behalf of the County; and <br />