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access to Hokulia Lands. This is all to say that Oceanside has not dedicated the Makai Halekii <br /> Extension and Connector Road, and does not plan to do so anytime in the near future. <br /> The Mauka Halekii Extension was accepted under the express condition that said road was <br /> "in full compliance with the provision of Chapter 23 of the Hawaii County Code."This was a false <br /> statement. See Exhibit "4" and "5" (stating that the Mauka Halekii Extension "was not built to <br /> County dedicable standards"). Because the Mauka Halekii Extension was not constructed to <br /> dedicable county standards, it could not have been lawfully dedicated to the County. Thus,to date, <br /> none of the Required Public Roads have been legally dedicated. <br /> c. Failure to timelX desl n, construct/build and dedicate the Required Public <br /> Roadways. <br /> The provisions of Condition L, expressly state that Oceanside"shall construct the [Halekii <br /> Extensions] through the subject property . . . and provide the [Connector Road]2. . . to provide <br /> future connections between the subject property and the adjacent properties to the north and south." <br /> This was to be completed"[pJrior to the issuance of Final Subdivision Approval for any portion <br /> of the subject property[.]" In addition, Condition M requires that "[a]ll roadway improvements <br /> stated in Condition L of this ordinance shall be dedicated to the County of Hawaii." <br /> The First Phase of the Development received final subdivision approval in 1999, meaning <br /> the Makai Halekii Extension was to be "constructed" and the Connector Road was to be <br /> "provided", over twenty-four years ago. See Exhibit "3" (stating that "[o]n September 18, 1999, <br /> the County issued Final Subdivision approval for Phase I[.]"). The Halekii Extensions were not <br /> constructed to the required standards in 1999, and the Connector Road has, to this day, not been <br /> provided. <br /> 2 Not only did the Development Agreement incorporate the Incorporated Ordinances by reference,but Section 16 of <br /> the Development Agreement expressly requires that Oceanside"provide roadway stub-outs . . .to provide future <br /> connections between the Property and its adjacent north and south boundaries." <br /> 16 <br /> 843682 <br /> 18 <br />