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the bonds provided to the County. See Mr. Ashida's letter to John De Fries, dated April 29, <br /> 2010, attached hereto as Exhibit"A". <br /> In 2012, 1250 Oceanside, LLC ("Petitioner") acquired the Original Developer's <br /> outstanding loans and took over the Project. Over the years,the Mamalahoa Bypass Road <br /> ("Bypass"), the Haleki`i Street extension and portions of the subdivision improvements were <br /> constructed. The property underlying the Bypass was conveyed to the County and the extension <br /> of Haleki`i Street to the mauka side of the Bypass ("Mauka Haleki`i Extension") was accepted <br /> by the Hawai`i County Council ("Council")through dedication. County Resolution No. 317-12, <br /> adopted November 9, 2012 ("Resolution 317-12"). <br /> After multiple inquiries with the County about the status of the dedication of the <br /> internal Project roadways, i.e., a continuation of Halekii Street makai of the Bypass ("Makai <br /> Haleki`i Extension") and a north-south connector stub road from the Makai Haleki`i Extension to <br /> the boundaries of the Project's adjoining properties ("Connector Road"), and other matters, on <br /> March 31. 2023, C & J Coupe Family Limited Partnership ("Coupe"), an adjacent landowner, <br /> filed an action in the Circuit Court of the Third Circuit, State of Hawai`i alleging that Petitioner <br /> has failed to comply with, and the County has failed to enforce, the Ordinances, among other <br /> claims. See C&J Couple Family Limited P'Ship v. County of Hawai`i et al., Civil No. 3CCV- <br /> 23-0000123 ("Lawsuit"). On September 15, 2023, the Circuit Court ruled Coupe "shall avail <br /> itself of the declaratory ruling procedure provided under Hawaii Revised Statutes ("Haw. Rev. <br /> Stat.") ch. 91 and Planning's Rules of Practice and Procedure to seek a declaratory ruling from <br /> the Planning Director regarding the issues raised in the Complaint, including Petitioner's <br /> compliance with the Ordinances and Development Agreement."' Order Granting in Part <br /> 1 "Planning" or"Department" as used herein means the County's Planning Department. <br /> 3 <br />