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4. construct the extension of Haleki`i Street through the subject property <br /> as generally reflected in Exhibit"B",which phasing of improvements <br /> shall be approved by the Department of Public Works. . . . <br /> 5. provide roadway stub-outs, generally shown in Exhibit"B",to provide <br /> future connections between the subject property and the adjacent <br /> properties to the north and south; provided that such stubouts shall be <br /> constructed in accordance with the construction phasing as approved by <br /> the Department of Public Works. <br /> Id. at 15-16. <br /> Ordinance No. 96-8, also enacted on January 15, 1996,rezoned the eastern/mauka lands <br /> of Hokuli`a. Exhibit B. At issue here are the following conditions of approval under Ordinance <br /> No. 96-8: <br /> L. Roadway improvements and access(es)to the subject property, including all <br /> plans and construction, shall meet with the approval of the Department of Public <br /> Works. Prior to issuance of Final Subdivision Approval for any portion of the <br /> subject property,the applicant shall: <br /> 4. construct the extension of Haleki`i Street through the subject property <br /> as general reflected in Exhibit"B", which phasing of improvements shall <br /> be approved by the Department of Public Works. . . . <br /> 5. provide roadway stub-outs, generally shown in Exhibit"B", to provide <br /> future connections between the subject property, and the adjacent <br /> properties to the north and south; provided that such stub-outs shall be <br /> constructed in accordance with the construction phasing as approved by <br /> the Department of Public Works." <br /> M. All roadway improvements stated in Condition L of this ordinance shall be <br /> dedicated to the County of Hawaii. <br /> Id. at 23-26. <br /> B. The Development Agreement. <br /> At issue here is the interpretation of the Development Agreement. Exhibit C. Pursuant <br /> to Rule 1 of the County of Hawai`i Office of the Mayor, the Planning Department is"responsible <br /> for the overall administration of the [Development] Agreement." <br /> 4862-5574-8005.3.051730-00058 -9 <br /> 13 <br />