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B. Planning Director does not have the authority—under the HRS, Hawaii Charter, <br /> County Code and Development Agreement—to determine material breaches of the <br /> Development Agreement. <br /> Under Hawaii County Code 30-6, <br /> [i]f, at any time, the office of the mayor finds and determines that the principal has <br /> committed a material breach of the terms or conditions of the agreement,the office <br /> of the mayor shall serve notice in writing, within thirty days after the finding of a <br /> material breach, upon the principal setting forth with reasonable particularity the <br /> nature of the breach and evidence supporting the finding and determination, and <br /> providing the principal a reasonable time period in which to cure such material <br /> breach the mayor, whose actions may not be reviewed by the Board of Appeals, <br /> and not the Planning Director, is charged with determining material breaches. <br /> Thus, under the Hawaii County Code, the Mayor has the authority to determine and call <br /> out a material breach of the Development Agreement. The Planning Department and the Director <br /> therefore do not have any roll left to play in this process. The Planning Department and Director's <br /> authority ends at their yearly verification of compliance; a task that they consistently ignore. <br /> C. No County official has the power to excuse a breach of the Development Agreement. <br /> Upon information and belief, there is no language in the HRS, Hawaii Charter, County <br /> Code, or Development Agreement that affords any County official the authority to unilaterally <br /> excuse breaches of the Development Agreement. <br /> D. Oceanside has failed to complete a number of key obligations under the Development <br /> Agreement. <br /> The language of the Development Agreement is clear, Oceanside is required to design, <br /> build and dedicate the Required Public Roads to the County of Hawaii as important public <br /> infrastructure. See Exhibit "1" and "2". It was also expressly admitted by Oceanside as well as <br /> County that the Required Public Roads were not designed or built to dedicable county standards <br /> and have, to date, not been lawfully dedicated. See Exhibit"4" and"5". <br /> 13 <br /> 843682 <br /> 15 <br />