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C. Determine which County official has the power to excuse a breach of the <br /> Development Agreement. <br /> To our knowledge, the HRS, Hawaii Charter, County Code and Development Agreement <br /> do not provide leeway to the County to unilaterally excuse breaches of a development agreement. <br /> Please confirm such. <br /> D. Determine whether Oceanside has, in the timeframe prescribed, completed the <br /> following: (a) designed or constructed/built the roads required under the <br /> Development Agreement and Incorporated Ordinances; and(b) dedicated the roads <br /> required under the Development Agreement and Incorporated Ordinances. <br /> Conditions M(4) and L(4) of Ordinance 96-7 and 96-8 (respectively) require that "[p]rior <br /> to the issuance of Final Subdivision Approval for any portion of the subject property" Oceanside <br /> "shall . . . construct the extension of Halekii Street through the subject property . . . which phasing <br /> of improvements shall be approved by the Department of Public Works." Conditions M(5) and <br /> L(5) of Ordinance 96-7 and 96-8 (respectively) require that Oceanside "shall provide roadway <br /> stub-outs[,the Connector Road],generally shown in Exhibit"B" [of the Incorporated Ordinances], <br /> to provide future connections between the subject property and the adjacent properties to the north <br /> and south; provided that such stub-outs shall be constructed in accordance with the construction <br /> phasing as approved by the Department of Public Works." Section 16 of the Development <br /> Agreement also echoes this language, stating that "OCEANSIDE shall provide roadway stub- <br /> outs[, the Halekii Extension and Connector Road], to provide future connections between the <br /> [Hokulia Lands] and its adjacent north and south boundaries". <br /> Condition N of Ordinance 96-8 requires that "[a]ll roadway improvements stated in <br /> Condition L of this ordinance shall be dedicated to the County of Hawaii." Hawaii County Code <br /> § 23-10 states that the County"shall not. . . receive by dedication . . . any street in any subdivision <br /> . . . except in full compliance with the provisions of this chapter." <br /> 6 <br /> 843682 <br /> g <br />