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h. COUNTY. "COUNTY" shall mean the County of Hawaii, municipal <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 />County Council. <br />j. DENSITY. "Density" shall have the meaning given such term in the <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 />any development activity. <br />1. DEVELOPMENT AGREEMENT CODE. "Development Agreement Code" shall <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 />mean County of Hawaii Office of the Mayor Rule 1 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 />n. DEVELOPMENT AGREEMENT STATUTE. "Development Agreement Statute" <br />shall mean HRS sections 46-121 through 46-132. <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 <br />No. 24/x/ q9 C Dv -a-(4 3� approving this Agreement, adopted by the County Council on <br />Apr-; I S+ , 1998, a copy of which is attached hereto as Exhibit "I" and incorporated <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 />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 />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 />state and federal governments. <br />S. HCC. "HCC" shall mean.Hawaii County Code, as amended. <br />6 <br />