2024-09-25 C&J Coupe Exhibit List, Exhibits 1-5 (PL-BOA-2024-000105)

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COUNTY OF HAWAII, PLANNING DEPARTMENT (collectively "County" or "County Defendants"); 1250 OCEANSIDE LLC ("Oceanside"); JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE ENTITIES 1-10 alleges and avers as follows: INTRODUCTION L Oceanside Breaches Promise to Create and Dedicate Three Standard Public Road Segments. 1. Decades ago Oceanside' promised the people of the Big Island, among other things, to design, construct and dedicate to County three new public road segments — all to the express requirements of County standards. 2. Not only has Oceanside failed to do so, but they and County appear to have actively attempted to circumvent and/or ignore these obligations which are specifically required by at least two zoning ordinances and a development agreement, all of which, by law, were adopted by the County Council and signed by the Mayor. 3. Specifically, in 1996, Oceanside received two rezoning's for 711.2 acres of land (more or less)just South of Keauhou (the "Hokulia Lands"), in the form of Ordinance No. 96-8 and Ordinance 96-7 (signed into law by the Mayor on January 15, 1996). The rezoning of Hokulia Lands, granted by Ordinance No. 96-8 and Ordinance 96-7, made it possible for Oceanside to begin developing a high-end luxury golf-course and ocean viewing residential development which would be situated on said rezoned land ("Hokulia"). 4. Ordinance No. 96-8 and Ordinance 96-7 were later incorporated by reference into a development agreement entered into between Oceanside and County Defendant, recorded in the State of Hawaii Bureau of Conveyances on April 30, 1998 ("Development Agreement"). Oceanside's predecessor in interest 1250 Oceanside Partners, a Hawaii limited partnership, dba Oceanside 1250, had been responsible for actions prior to 2008. Oceanside as we now know it picked up all responsibilities and requirements under the Development Agreement. 2 710088