Laserfiche WebLink
9. Oceanside and County entered into and recorded a Development Agreement on <br /> April 30, 1998, which incorporated by reference the County of Hawaii Ordinance No. 96-8 and <br /> 96-7 (hereinafter the "Incorporated Ordinances"). Under the Development Agreement, the <br /> Required Public Roads are among the specific consideration promised by Oceanside to justify <br /> County's agreement to freeze the then existing land use controls on Hokulia Land. Such <br /> roadways were to be built to County standards at Oceanside's sole expense and dedicated as <br /> public infrastructure to County. <br /> 10. Now, 25 years later, while County has made no efforts to unilaterally change or <br /> undo the zoning freeze under the Development Agreement (i.e. keeping the zoning for the <br /> development untouched), it has come to Plaintiffs attention that County and Oceanside have not <br /> complied with a number of the key terms of the bargain, causing a material failure of the <br /> considerations of the Development Agreement and Incorporated Ordinances. <br /> 11. Despite the requirements in the Development Agreement and Incorporated <br /> Ordinances to have the Required Public Roads built for dedication to the County, the roads have <br /> not been built to dedicable County standards, specifically, those prescribed in Section 23-86. <br /> 12. The dedication of Required Public Roads has also yet to be effectuated, despite <br /> the Development Agreement's impending end date. Additionally, Oceanside has erected a guard <br /> facility on the Makai Halekii Extension (the "Guard Facility") in attempts to privatize the <br /> community and, for too long, deprive the public free, unfettered access to these public roads. <br /> 13. Thus, not only has Oceanside (while avoiding incurring millions of dollars in <br /> construction costs) deprived the public of the safety inherent in County's road building and <br /> dedication standards, but they have also unlawfully, and in contravention of the express language <br /> of Development Agreement and Incorporated Ordinances, deprived the community public access <br /> altogether. <br /> 4 <br /> 710088 <br />