2024-06-20 PL-BOA-2024-000104 1250 OCEANSIDE, LLC PL-INT-2024-007028 Record on Appeal

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III. STATEMENT OF FACTS The Incorporated Ordinances, attached herein for reference as Exhibit "1", requires Oceanside to provide unfettered public access through Hokulia Lands to both North and South via the Connector Road and East and West via the Mauka Halekii Extension and Makai Halekii Extension. These requirements, amongst others, was incorporated into the Development Agreement, attached herein for reference as Exhibit "2". All three of these roadways, the Connector Road,Mauka Halekii Extension, and Makai Halekii Extensions(collectively"Required Public Roads"), were to be designed, built, and dedicated, to dedicable County standards, and unfettered public access was to be guaranteed through the dedication of the Required Public Roads to the County. These conditions were expressly required to be completed prior to the first final subdivision approval of any portion of Hokulia Lands. Final subdivision approval for the first portion of Hokulia was granted on September 18, 1999. See Exhibit "3" (stating that "[o]n September 18, 1999, the County issued Final Subdivision approval for Phase I and on December 1, 2000, the County issued Final Subdivision approval for Phase 11"). To date, and by Oceanside's own admission, none of the Required Public Roads have been designed, built or lawfully dedicated to the County. See Exhibit"4" and Exhibit"5" (admitting that the Required Public Roads were "not built to County dedicable standards."). On March 31, 2023, Petitioner filed a complaint (the "Complaint") in the State of Hawaii Circuit Court of the Third Circuit, Civil No. 3CCV-23-0000123 (the "Civil Action")'. All pleadings in the Civil Action are hereby incorporated by reference. On September 15, 2023, the 'Parties stipulated to amend the Complaint in order to remove Department's director as a named party via the First Amended Complaint for Declaratory and Injunctive Relief dated June 27,2023. 4 843682 6