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

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force as of the date of the Development Agreement. In other words, the Ordinances and other land use regulations applicable to the Project were "locked in" as of the date of the Development Agreement for a period of thirty years. As permitted by Hawai`i County Code ("HCC") § 23-81 (1983), and in lieu of actual construction of infrastructure and roadway improvements, the Ordinances allowed, the Original Developer to enter into an agreement with the County assuring the County the improvements would be constructed,provided the Original Developer post an appropriate bond, surety or other security deemed acceptable to the County. Upon the execution of such agreement and the deposit of the security with the County, final subdivision approval would be granted prior to the actual construction of improvements pursuant to HCC § 23-81. Further, the Development Agreement required the Original Developer to post a bond in favor of the County to assure that the improvements relating to various roadway requirements would be constructed prior to the issuance of the first final small-lot subdivision approval for any portion of the Project. Development Agreement § 13(b). The Original Developer entered into a series of agreements and posted bonds for various portions of the required improvements. These included, inter alia, agreements for regional traffic improvements, subdivision improvements, and road maintenance. Based on these agreements and the bonds, the County issued final subdivision approval for Phase I of the Project on September 18, 1999, and Phase II on December 1, 2000. Portions of the covered improvements were constructed by the Original Developer but many were uncompleted within the deadlines set in the agreements. On April 29, 2010, Corporation Counsel Lincoln Ashida wrote to the Original Developer detailing the material breach of the Development Agreement and subdivision 2