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current worldwide contraction of development financing, Oceanside has not yet been able to <br />complete said Bypass Phase I and Haleki`i Street extension intersection to dedicable condition; <br />and <br />WHEREAS, the Hawaii County Council has worked with the County administration to <br />amend Oceanside's rezoning ordinances to allow for the use of the Bypass Phase I through its <br />intersection with the Haleki`i Street extension to Mamalahoa Highway, as a temporary <br />Mamalahoa Bypass on a trial basis during the hours of 3:30 to 6:30 p.m., Monday through Friday <br />(except holidays), conditioned on the County providing various highway safety improvements <br />for the affected communities; and <br />WHEREAS, the Hawaii County Council has, through amendment of Ordinance 08 -64, <br />authorized the County administration to use either an easement or dedication for said trial use of <br />the Phase I Bypass through Haleki`i Street; and <br />WHEREAS, the Hawaii County Council, through Resolution 41 -09 passed on <br />January 12, 2009, authorized the acceptance of the Grant of Non - Exclusive Easement For <br />Limited Public Access Over Private Roadways from 1250 Oceanside Partners, which a <br />termination date of September 4, 2009; and <br />WHEREAS, the Hawaii County Council, through the passage of Resolution 231 -09 on <br />September 2, 2009, authorized the extension of the grant of easement for limited public access <br />through March 4, 2010; and <br />WHEREAS, Oceanside has, for the benefit of the community, graciously consented to <br />extend the time for the proposed Grant of Non - Exclusive Easement for Limited Public Access <br />Over Private Roadways; and <br />WHEREAS, the County of Hawaii seeks to extend the grant of easement for limited <br />public access through September 4, 2010, as shown in the form attached hereto as Exhibit "1." <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF <br />HAWAII that the Mayor is authorized to execute the Extension of Grant of Non - Exclusive <br />Easement For Limited Public Access Over Private Roadways, in substantially the form as set <br />forth as Exhibit "1" attached hereto. <br />2 <br />