2024-09-25 C&J Coupe Exhibit List, Exhibits 1-5 (PL-BOA-2024-000104)

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14. Defendant Oceanside, however, continues to benefit from marketing and sales that tout Hokulia as a private gated community, in direct contradiction of the intent of the Development Agreement and Incorporated Ordinances. See Hokulia Advertisement, attached hereto as Appendix B and made a part hereof. IL Oceanside and County's Unlawful Attempt to Amend the Development Agreement and Incorporated Ordinances. 15. Development agreements and ordinances can be amended in a number of legal ways, listed out in the Hawaii Revised Statutes, county ordinances, and development agreements themselves. 16. Yet, at least twice over, Oceanside (misguidedly or intentionally) and County (apparently casting a blind eye) have sought to circumvent the timely design and build, to standards, of the Required Public Roads within Hokulia as required under the Development Agreement and Incorporated Ordinances. 17. First, Oceanside and County attempted to sub-silentio amend the requirements of the Development Agreement and Incorporated Ordinances by way of an improper, inferior, and illegal variance. Said variance was procedurally and substantively improper, yet it was granted by County in an unlawful attempt to afford the Required Public Roads amnesty from the County code's dedication standards. A variance is not a valid tool to amend a development agreement or ordinances in the way in which it was attempted here, even if it otherwise complied with the requirements for obtaining a variance, which it did not. 18. Second, the County, pursuant to a resolution, accepted the Mauka Halekii Extension in a substandard condition to the County Code. The acceptance of a substandard dedication was on its face improper and illegal, but also, in effect, moved to amend the Development Agreement and Incorporated Ordinances in a similar fashion to the above 5 710088