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• <br />• <br />Highway. This benefit is based on the congestion relief provided by the Bypass Highway to Mamalahoa <br />Highway/Kuakini Highway as well as by providing direct access to the land along the Bypass Highway <br />corridor. Accordingly, the amount of the "benefit" of the bypass Highway will vary by geographic region. <br />(1) Amount of Reimbursement to OCEANSIDE. The amount of the <br />COUNTY's reimbursement to OCEANSIDE shall be based on a percentage of those income sources <br />identified in subparagraph (15.c) which are collected or assessed by the COUNTY from other developers <br />and land owners whom the COUNTY has determined as benefitting from the Bypass Highway. The <br />percentage paid shall be in accordance with the geographic areas as described below, and as more <br />particularly shown on Exhibit "P" <br />Area <br />Description <br />1. <br />Keauhou <br />2. <br />Honalo-Captain Cook - <br />Existing Mamalahoa Hwy.Corridor <br />3. <br />Honalo-Captain Cook - Mauka Area <br />4. <br />Honalo-Captain Cook - Makai Area <br />5. <br />Captain Cook to Milolii <br />Percentage <br />25%* <br />80% <br />100% <br />100% <br />65% <br />*In recognition of the existing Keauhou road and traffic improvements, any "Fair Share" contribution, <br />impact fee or similar fee assessed on new rezonings by the County Council in the Keauhou Area may be <br />satisfied in the form of cash, land and/or facilities, or any combination thereof acceptable to the director. <br />(2) Collection of Funds. Any Reimbursement Funds received by COUNTY <br />shall be held in trust for OCEANSIDE and promptly remitted to OCEANSIDE by the COUNTY no later than <br />ninety (90) days following the COUNTY's receipt of such remittance. <br />e. Private Agreements. The provisions of this Paragraph shall not preclude <br />OCEANSIDE from entering into private agreements with the State and/or such other developers or <br />landowners to allocate the payment of Reimbursement Funds related to the Bypass Highway directly to <br />OCEANSIDE. OCEANSIDE shall submit receipts of such payments to the COUNTY. <br />f. Reimbursement Agreement. The provisions for reimbursement contained in this <br />Agreement shall constitute an agreement for reimbursement between COUNTY and OCEANSIDE, which <br />agreement shall satisfy the mandates of Condition L of Ordinance 96-8, and Condition M of Ordinance 96-7. <br />16. ROADWAY STUB -OUTS. OCEANSIDE shall provide roadway stub -outs, generally shown <br />in Exhibit "Q", to provide future connections between the Property and its adjacent north and south <br />boundaries. Such roadway stub -outs shall be constructed in phases and in conjunction with the completion <br />of subdivision improvements on adjacent Property. <br />16 <br />