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24. This complaint requests the Court declare that Defendant Oceanside remains <br /> obligated to provide these public improvements and requires the establishment of a schedule for <br /> prompt compliance, and Defendant County be required to enforce strict compliance of the <br /> Development Agreement and Incorporated Ordinances. <br /> NATURE OF THE ACTION <br /> 25. Plaintiff is C&J Coupe Family LTD Partnership, landowner of (with a material <br /> property interest in) TMK 3-8-1-7:045, the property directly south to and abutting the Hokulia <br /> Lands. Plaintiff as neighboring landowner has an interest in the enforcement of the Development <br /> Agreement and Incorporated Ordinances. <br /> 26. This case stems from two major issues: (1) a breach of the public's trust due to <br /> Oceanside's failure to comply with, and County's failure to enforce, the express requirements of <br /> the Development Agreement and the Incorporated Ordinances, and (2) Oceanside and County's <br /> improper, unconstitutional, and illegal sub-silentio attempts to amend the Development <br /> Agreement and Incorporated Ordinances via a variance and substandard dedication. <br /> 27. Development agreements are meant to be mutually beneficial situations in which <br /> a county (and, by extension, its citizens) as well as the developer benefit. The developer receives <br /> the benefit of a freeze on existing land development regulations and plans for a fixed period of <br /> years and, in exchange, a county receives agreed to public infrastructure and facilities. <br /> 28. In this case, the Development Agreement's Incorporated Ordinances contemplates <br /> the developer constructing Hokulia, a residential community in Kealakekua, Hawaii. As such, <br /> County agreed not to unilaterally change the land use contemplated by the Incorporated <br /> Ordinances for a set period of time, in exchange for, among other things, Oceanside providing <br /> benefits to the community through, inter alia, the public dedication of county standard roads and <br /> unfettered public access upon those Required Public Roads. <br /> 7 <br /> 710088 <br />