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<br />'. <br /> <br />+I <br /> <br />. <br /> <br /> <br />jrATE OF HAWAII <br /> <br />RESOLUTION NO. 24~4~)9 8 <br />(Draft 2) <br />A RESOLUTION AUTHORIZING THE COUNTY OFHA WAIl 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 suchproperty; <br />and <br /> <br />... <br /> <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 /> <br />. ............., <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, 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" ofthe <br />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 />WHEREAS, pursuant to Section30-5(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 fot its action; and <br /> <br />WHEREAS, pursuant to Section 30-4(b), Hawaii County Code, the Mayor may enter into <br />development agreements on behalf of the County. . <br />