2024-05-28 PL-BOA-2024-000104 Coupe Order Exhibits COMBINED_v1

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• Mr. John De Fries April 29, 2010 • . Page 3 Land Use Regulations and Approvals, subject to its adherence to and performance of all terms and conditions of this Agreement. In the event that a question arises regarding Oceanside's and the County's responsibilities or their intent, the parties shall look toward this Agreement to clarify such issues." 12.The Development Agreement provided in paragraph 13(b) that prior to the issuance of the first final small-lot Subdivision approval far any • portion of the property, Oceanside shall post a bond in favor of the County to assure that the infrastructure improvements for the Bypass Highway and for the channelization and signalization of the Mamalahoa Highway-Haleki'i Street intersection will be constructed • and provide a bond for relevant extension of Haleki'i Street, amongst . other things. 13.The Development Agreement also provided in paragraph 13(d) that "[lin any event from the time construction commences, the entire Bypass Highway shall be completed within five (5) years provided that those certain circumstances as articulated in Paragraph (39) do not exist." 14.Paragraph 39 states: "Force Majeure. In the event that either party shall be delayed or hindered in or prevented from the performance of . any duties, obligations or conditions provided for and required under this Agreement by reason of strikes or other disturbances, lockouts, labor troubles, riots, insurrection, war or civil disturbance, fire or earthquake, tidal wave, acts of God, the elements, government legislation, regulation or controls, or economic controls, making it impossible to complete any duties, obligations, or conditions provided for and required under this Agreement, then performance of such duty, obligation, or condition shall be excused for the period of the delay and the period for the performance of any such duty, obligation, or condition shall be extended for a period equivalent to the period of such delay. Under no circumstances shall this provision operate or be construed to excuse either party from the payment of any sum required to be paid to the other party." 15.The Development Agreement also provided that on or before January 14tn of each and every year following the execution of the Development Agreement, Oceanside shall submit an annual report of its compliance with the terms and conditions of the Development Agreement. 16.On September 16, 1999, Oceanside and the County entered into an Agreement for Regional Traffic Improvements. Said agreement specified that Oceanside was required to construct a bypass highway and other regional traffic improvements pursuant to the conditions of Ordinance 96-7, 96-8 and 97-3, by January 2005. 17.The Agreement for Regional Traffic Improvements was secured by • bonds as follows: