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LJ <br />COUNTY OF HA <br />• <br />ATE OF HAWAII <br />RESOLUTION N0, 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 />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 />WHEREAS, pursuant to 46-123, Hawaii Revised Statutes, the Hawaii County Council <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 />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 />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, TMK: (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 />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 />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 />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 />WHEREAS, pursuant to Section 304(b), Hawaii County Code, the Mayor may enter into <br />development agreements on behalf of the County; and <br />