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COH/DHHL Memorandum of Agreement Page 3 Rev. 10/09/02 IV. Relating to Public Facilities and Infrastructure Serving Hawaiian Rome Lands A. In the development of future projects, DHHL will construct public facilities in accordance with County standards. Where departures from County standards are desired, D]HHL will pursue exemptions and other administrative variances from the appropriate County department, in accordance with procedures established for all property owners. Should DEHL choose not to construct infrastructure in accordance with County standards, the County may view such improvements as private facilities for repair and maintenance purposes. B. The County will accept operation, repair, and maintenance of all future DML infrastructure constructed according to County standards, C. Existing infrastructure shall be subject to County inspection prior to being accepted by the County for operation, repair, and maintenance. The County may require DEHL to repair any damage such as leaks, holes, sags, or deterioration affecting the operation of the existing infrastructure, identified as a result of the inspection. D. In the case of existing infrastructure that is not constructed to County standards, the County and DHEL will work to establish minimum standards for residential, agricultural, and pastoral subdivisions. Existing projects will be evaluated based on these new standards. The County may require DEI-IL to upgrade the infrastructure to the minimum standard prior to being accepted by the County for operations, repair, and maintenance, E. The County will maintain infrastructure according to its own standards, resources and schedules. Any decisions as to upgrades or rehabilitation will be at the County's discretion, F. Should DHHL elect to convert its land to a more intensive land use, DHEL will be responsible for upgrading the onsite infrastructure to accommodate the new use, and will consult with the County regarding the need to upgrade offsite infrastructure. DEIHL and the County shall negotiate the extent to which DHHL will be responsible for any such offsite improvements requested by the County. DEIH L shall be responsible for project-related offsite improvements to the extent that these would be required of other developers with similar projects. If offsite improvements benefit other property, DHHL and the County shall cooperate so that DHEL bears only its fair share of these improvement costs. G. The County will treat DHHI, lessees in the same manner as other property owners with respect to conformity with laws, ordinances, and regulations. The County will advise DHHL of violations, and will refer cases of ongoing violation to DEEL after the County has exhausted all remedies short of pursuing legal action I