← Back to search

HCC §30-6

When the County can end a development agreement for a serious breach

Read the official text at hawaiicounty.gov ↗

If the mayor's office finds the developer broke a major part of the agreement, it must send a written notice within 30 days. The notice must explain the problem and give the developer time to fix it. If the developer doesn't fix it, the County can end or change the agreement, but only after letting the developer respond or agree to changes.

countiesdevelopers

The ordinance, as written (Hawaiʻi County) — Material breach; termination of agreement

A copy, taken August 21, 2026. The version published by Hawaiʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.

(a) If, at any time, the office of the mayor finds and determines that the principal has committed a material breach of the terms or conditions of the agreement, the office of the mayor shall serve notice in writing, within thirty days after the finding of a material breach, upon the principal setting forth with reasonable particularity the nature of the breach and evidence supporting the finding and determination, and providing the principal a reasonable time period in which to cure such material breach. (b) If the principal fails to cure the material breach within the time period given, then the County unilaterally may terminate or modify the agreement, provided that the office of the mayor has first given the principal the opportunity: (1) to rebut the finding and determination of the material breach; or (2) to agree to amend the agreement as the office of the mayor may elect to propose in order to cure the material breach pursuant to section 30-9 of this chapter. (c) In the event that (1) the principal does not agree to such amendments proposed by the office of the mayor or as subsequently modified by the County council, pursuant to section 30-9 of this chapter, or (2) the County council rejects the amendments proposed by the office of the mayor, the County may terminate the development agreement by County council resolution. (1993, ord 93-37, sec 2.)30-6
Read the official text at hawaiicounty.gov ↗as published Jul 16, 2026our copy taken Aug 21, 2026

Published by the County of Hawaiʻi Office of the County Clerk.

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.