2024-10-04 Planning Director Pre-Hearing Brief (PL-BOA-2024-000104 & 105)

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the actual construction of improvements. Furthermore, the Development Agreement required the Original Developer to post a bond in favor of the County to assure that the improvements relating to various roadway requirements, found in the Ordinances, would be constructed prior to the issuance of the first final small-lot subdivision approval for any portion of the Project. Development Agreement § 13(b). The Original Developer entered into a series of agreements and posted bonds for various portions of the required improvements. These included, inter alia, agreements for regional traffic improvements, subdivision improvements, and road maintenance. Based on these agreements and the bonds, the County issued final subdivision approval for Phase I of the Project on September 18, 1999, and Phase II on December 1, 2000. Portions of the covered improvements were constructed by the Original Developer, but many were not completed within the deadlines set in the agreements. On April 29, 2010, Corporation Counsel Lincoln Ashida wrote to the Original Developer detailing the material breach of the Development Agreement and subdivision agreements due to the failure to timely construct the required improvements and the invalidity of the bonds provided to the County. In 2012, 1250 Oceanside, LLC ("Appellant") acquired the Original Developer's outstanding loans and took over the Project. Over the years, the Mamalahoa Bypass Road ("Bypass"), Haleki`i Street and portions of the subdivision improvements were constructed. The property underlying the Bypass was conveyed to the County and the extension of Haleki'i Street to the mauka side of the Bypass ("Mauka Haleki`i Extension") was accepted by the Hawai`i County Council ("Council")through dedication. County Resolution No. 317-12, adopted November 9, 2012 ("Resolution 317-12"). 3