2024-09-25 1250 Oceanside LLC 2nd Exhibit List, Exhibits 19-22 (PL-BOA-2024-000105)

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04)[(N)] All roadway improvements stated in Condition L [and MJ of this ordinance shall be dedicated to the [appropriate government entity. Those improvements associated with the Mamalahoa Highway Bypass shall by offered to the State Director of Transportation pursuant to Section 264-1 of the Hawaii Revised Statutes. Any connector roadways, and any portion of the Mamalahaa Highway Bypass not accepted by the State Director of Transportation shall be dedicated to the County, as provided by law] County of_Hawaii; (N)[O)) To ensure that the Goals and Policies of the Recreational Element of the General Plan are implemented, the applicant shall provide [a maximum of] two acres of land abutting the north side of Kona Scenic Park for public purposes prior to Final Subdivision Approval of the subject property. (0)[(P)] In lieu of actual construction of infrastructural improvements as required under Conditions D, F, H, K, and L.[and M,J the applicant may enter into an agreement with the Planning Director to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the PIanning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, Final Subdivision approval for the subject property or portions.thereof shall be granted prior to the actual construction of required infrastructural improvements; [(Q) The Applicant shall participate in the funding and construction of any regional roadway improvements as may be required by the State Department of Transportation. provided that any costs borne by the applicant shall be credited and limited to the amount of its fair share contribution for regional road and traffic impacts, as required in Conditions L and M]; f P][(R)] it shall be demonstrated to the satisfaction of the Planning Director that agricultural activity is being conducted on the subdivided lots within three years from the date of Final Subdivision Approval. For the purposed of this condition. "agriculture" shall be defined as the cultivation of crops. including but not limited to flowers, vegetable. foliage. and fruits that are propagated for economic or personal use. An agricultural activity will be considered satisfactory: -?6-