2024-05-28 PL-BOA-2024-000104 Petition (Coupe Order)_v1

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including the Makai Haleki`i Extension and Connector Roadway. The Makai Haleki`i Extension and Connector Roadway were constructed in 1999, pursuant to construction plans approved by the Department of Public Works. B. Oceanside Takes Over Development of Hokuli`a. In late 2007, 1250 Partners defaulted on its loan and control over Hokuli`a reverted to its lender. During this time, development activities were halted and could only proceed with lender authorization and funding. In January 2011, 1250 Partners obtained Variance No. VAR 10-027 (the "Variance"), which covers the Makai Haleki`i Extension, Mauka Halekii Extension, and Connector Road. Exhibit 9. 1250 Partners sought the Variance to allow for the retention of existing and construction of new twenty-foot wide paved roadways within fifty- and sixty-foot wide rights-of- way, without having to pave the shoulders of the roadways. The purpose of the Variance was to minimize excessive grading in order to mitigate potential environmental hazards, and to address concerns that the grading of the steeply sloping lands within Hokuli`a, coupled with a full pavement of the right-of-way, would increase the potential for storm water runoff. The potential for storm water runoff was demonstrated when Hokuli`a was put on hold in late 2000, to allow for remediation of sediment runoff into the nearshore waters fronting Hokuli`a caused by severe storm events. Oceanside acquired 1250 Partners' loan in late 2012, but before development of Hokuli`a could be fully resumed, 1250 Partners needed to proceed with a petition under Chapter 11 of the U.S. Bankruptcy Code to restructure its debt. During this time,however, the Mauka Haleki`i Extension was completed, which, like the Mauka Haleki`i Extension and Connector Road, was constructed pursuant to plans approved by the Department of Public Works. The Mauka 7 4896-1786-4893.1.051730-00058