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COUNTY OF HAWAPI STATE OF HAWAPI RESOLUTION NO. RESOLUTION ACCEPTING A GRANT OF PUBLIC ACCESS AND PRESERVATION EASEMENT FROM KULEANA SPIRITS, INC., TAX MAP KEY(3) 5-5-006:010 WHEREAS, KULEANA SPIRITS, INC., a Delaware corporation, whose mailing address is P.O. Box 2493, Kamuela,Hawaii 96743, (hereinafter"Grantor") is the owner in fee simple of that certain parcel of land being LOT 315, containing 43.854 acres as shown on Map 71, Land Court Application No. 1120,being the lands described in Certificate of Title No. 1149074, and being further identified as Tax Map Key No.: (3)5-5-006:010 (hereinafter the "Property"); and WHEREAS, the Property is subject to an existing easement designated as Easement 137 (the"Easement'), area 1.728 acres, as shown on Map No. 89 filed by the Grantor with the Land Court for Land Court Application No. 1120, authorized and approved by the Registrar of the Land Court on December 15,2021, depicted in Exhibit"1" attached hereto ; and WHEREAS,pursuant to the provisions of Hawaii Revised Statutes ("HRS") Section 46- 6.5 relating to Public Access,the County of Hawaii has adopted Hawaii County Code Chapter 34(Public Access), which provides for implementation of public access over private property in appropriate locations to the ocean, shorelines and mountain areas as applicable,by requiring dedication of land for such public rights-of-way by fee or easement as a condition precedent to final subdivision approval or the issuance of a building permit for a multiple-family development where adequate public access is not already provided, including provisions requiring the County of Hawaii to be responsible for all improvements costs, liability and maintenance issues; and WHEREAS,pursuant to the April 4, 2002 Settlement Agreement for Board of Appeals No. 01-28 and Subdivision No. 2000-72 of applicant Surety Kohala Corporation, entered into by and between Surety Kohala Corporation, a Hawaii corporation, Grantor's predecessor-in- interest, and Grantee,the execution and delivery to the County of Hawaii of this Grant shall constitute full and final compliance with all public access requirements applicable to the Property of HRS Section 46-6.5, HRS Chapter 205-A, the Ala Loa,the Ala Kahakai Trail, and Chapters 23 (Subdivision) and 34 (Public Access) of the Hawaii County Code,provided however, that if any part of the Property is proposed for subdivision or other uses and activities that are not listed as permitted uses under the current zoning for the Property, the County may require further public access over the portion or portions of the Property proposing such uses and activities; and