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Mr. John De Fries <br /> • April 29, 2010 <br /> Page 2 <br /> underground, provide a fair share contribution for park, and recreation <br /> improvements, police facilities, fire facilities, solid waste facilities, and to <br /> support road and traffic improvements. <br /> 3. As a condition of the rezoning under Ordinance 96-8, requirements <br /> similar to that in Ordinance 96-7 were imposed. <br /> 4. According to Ordinance 96-7, in lieu of actual construction of <br /> infrastructural improvements (the wastewater disposal system, the <br /> park, and the roadway improvements [i.e. Haleki'i Street and the <br /> Bypass]) Oceanside could enter into an agreement with the Planning <br /> Director, the Department of Public Works and the Department of <br /> Water Supply, if applicable "to assure the county that the <br /> infrastructural improvements will be constructed together with the <br /> appropriate bond, surety or other security deemed acceptable ... <br /> Upon execution of such agreement and filing of the security with the <br /> county, if applicable, Final Subdivision Approval for the subject <br /> property or portions thereof shall be granted prior to the actual <br /> construction of required infrastructural improvements." <br /> 5. Ordinance 96-8 had a similar provision as that provided in Ordinance <br /> 96-7. <br /> 6. Based on these promises made by Oceanside, on April 1, 1998 <br /> through Resolution 244-98, the Hawai'i County Council authorized <br /> the County of Hawaii to enter into the subject Development <br /> Agreement with Oceanside pursuant to Section 46-123, Hawaii <br /> Revised Statutes, as amended, and Ordinance No. 93-37 (Hawai'i <br /> County Code Chapter 30). <br /> 7. On April 20, 1998, the County of Hawai'i through former Mayor <br /> Stephen K. Yamashiro entered into the subject Development <br /> Agreement with "1250 Oceanside Partners, a Hawaii limited <br /> partnership, dba OCEANSIDE 1250 OCEANSIDE." <br /> 8. The Development Agreement was meant to clarify the "Land Use <br /> Regulations and Approvals" as.of the date of the Development <br /> Agreement. <br /> 9. The Development Agreement contained provisions relating to <br /> Oceanside's obligation to acquire, dedicate and construct the Bypass <br /> Highway. <br /> 10.The Development Agreement also contained provisions relating to <br /> Oceanside's obligation to make subdivision improvements. <br /> 11.Paragraph 20 of the Development Agreement states: "Oceanside <br /> shall have the right to develop the Project; the Bypass Highway and <br /> the Coastline Park in accordance with the terms and conditions of <br /> this Agreement and the Approvals, and the parties shall have the <br /> right to enforce the provisions of this Agreement. The parties hereto <br /> acknowledge that this Agreement is intended to implement the intent <br /> of the parties and that Oceanside shall have the right to develop the <br /> OP Project, the Bypass Highway and the Coastline Park pursuant to the <br />