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2010-04-15_County_of_Hawaii_Motion_to_Dismiss_Counter_Claim_to_Expunge_Lis_Pendens
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2010-04-15_County_of_Hawaii_Motion_to_Dismiss_Counter_Claim_to_Expunge_Lis_Pendens
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7/15/2011 4:36:27 PM
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c a <br /> c a gay <br /> 7 <br /> 18. On June 15, 2005, the County and UniDev entered into a Conceptual Planning <br /> Agreement ("CPA"). <br /> 19. The CPA provided that UniDev provide a number of services including the <br /> conducting of a charrette (also referred to as a"conceptual planning workshop"). <br /> 20. The CPA provided that UniDev's scope of services would include the <br /> provision of a Physical Conceptual Plan, a Financial Plan, and a Management Plan. <br /> 21. The CPA provided that the County would compensate UniDev for their <br /> services and expenses by payment of a fixed fee of$150,000. The fixed fee was to include all <br /> professional time, overhead, travel expenses, subconsultant fees,taxes, and any other costs <br /> that UniDev incurred in the execution of its scope of work under the CPA. <br /> 22. The charretteiconceptual planning workshop took place between July 25,2005 <br /> and July 28, 2005. <br /> 23. On or about January 12, 2006, UniDev delivered to the County a report on the <br /> charrette/conceptual planning workshop which contained various plans for the development <br /> of The Project pursuant to the CPA. Amongst other items, the report states: "A Community <br /> Facilities District(CFD) will need to be created to provide funding for CFD.bonds to install <br /> the on-site infrastructure." <br /> 24. On March.2, 2006, a Development Services Agreement ("DSA") was entered <br /> into between UniDev and the County. <br /> 25. The DSA stated that "Phase I Services" (i.e. the conceptual planning <br /> workshop and resulting report) had been completed and that the remainder of the project was <br /> to be broken down into three additional phases each of which would include specific services <br /> to be provided by UniDev or consultants engaged by UniDev. <br /> 5 <br />
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