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Dkt. 17, ROA at 0019 (Docket No. 24-0001 Declaratory Order by Zendo Kern, Planning <br /> Director) <br /> 2. The Original Developer obtained County of Hawaii ('County") Ordinance <br /> Nos. 96-7 and 96-8 (collectively, "Ordinances"), for the rezoning of 1550 acres to allow <br /> for the Project's development, among other approvals. Id.; ❑kts. 17-19, RDA at 0040- <br /> 0099. <br /> 3. Following enactment of the Ordinances, the Original Developer entered <br /> into a Development Agreement with the County, dated April 20, 1998 . Dkt. 17, ROA at <br /> 0019-0020. <br /> 4. The Development Agreement included requirements relating to the <br /> acquisition of land, the construction of a bypass road, the development of a shoreline <br /> park, and the donation of a permanent right of way to the park. The Development <br /> Agreement, set forth, inter alia, that in lieu of actual construction of infrastructure and <br /> roadway improvements, the Original Developer could make assurances under the <br /> Development Agreement such construction would occur and the Original Developer <br /> would post bonds in favor of the County ensuring such construction. Dkt. 17, ROA at <br /> 0019-0020; Dkts. 21-22, ROA at 0187-0231. <br /> 5. In exchange, the Original Developer would receive final subdivision <br /> approval prior to actual construction of such improvements. Id. The Development <br /> Agreement has not expired as it has a term of thirty years from the date of the resolution <br /> enacting it by the Hawaii County Council. See Dkt. 22, RDA at 203. <br /> 6. On April 29, 2010, the County sent notice to the Original Developer <br /> detailing the Original Developer's material breach of the Development Agreement and <br />