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8, Condition M, requires all roadway improvements stated in Ordinance 96-8, Condition L, be <br /> dedicated to the County. See id., at 26. <br /> b. Compliance and Non-compliance <br /> Taken in their entirety, the Ordinances' roadway and public access requirements <br /> expressly require the Mauka Haleki`i Extension, Makai Haleki`i Extension and Connector Road <br /> be dedicated to the County. Council accepted the dedication of the Mauka Haleki`i Extension on <br /> November 9, 2012. See Resolution 317-12. <br /> Council's acceptance of the Mauka Haleki`i Extension under Resolution 317-12 <br /> was a legislative act which received input from DPW. The Director neither had nor has authority <br /> over Resolution 317-12. To the extent the Mauka Haleki`i Extension was effectively dedicated, <br /> such dedication adequately satisfied those portions of Ordinance 96-7, Condition M(4), and <br /> Ordinance 96-8, Condition L(4), applicable to the Mauka Haleki`i Extension. <br /> As noted above, the Ordinances' roadway improvement conditions were initially <br /> satisfied by the Original Developer's agreements and bonds pursuant to HCC §§ 23-81, 23-82, <br /> and 23-83, which allowed the issuance of final subdivision approval based on the construction <br /> assurances provided in the agreements and secured by the bonds. The agreements have not been <br /> satisfied and the bonds are no longer valid or enforceable. Thus, Oceanside has not fully <br /> satisfied the Ordinances'roadway improvement and dedication requirements because the Makai <br /> Haleki i Extension and Connector Road have not been dedicated to the County. In order to <br /> comply with the Ordinances, Oceanside must construct the Makai Haleki'i Extension and <br /> Connector Road to a condition approved by DPW and dedicate the Makai Haleki`i Extension and <br /> Connector Road to the County. <br /> c. Applicability of a Variance <br /> 11 <br /> EXHIBIT B 393 <br />