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Exhibit "A" <br />0 <br />AGREEMENT REGARDING THE <br />NAALEHU WASTEWATER TREATMENT PLANT <br />This Agreement Regarding the Naalehu Wastewater Treatment Plant (the <br />"Agreement") is made this _I\.& dayof_ber,,,b,, 2019 by and between Ala <br />Kahakai Trail Association, a Hawaii nonprofit corporation, whose mailing address is <br />P.D. Box 2338, Kamuela, Hawai'i 96743 ("ATA"), and the County of Hawai'i, a political <br />subdivision of the State of Hawaii, whose mailing address is 25 Aupuni Street, Suite <br />2103, Hilo, Hawai'i 96720 ("County"). <br />RECITALS <br />WHEREAS, ATA will soon be the fee simple owner of all of that certain parcel of <br />land situate at K;5hilipali'iki and K;5hilipalinui ahupuaa, District of Ka'Q, Island and <br />County of Hawaii, State of Hawai'i, bearing Tax Map Key designation (3) 9-5-007-016 <br />and containing an area of 2,317.844 acres, more or less, including the historic fishing <br />village of Waikapuna, and more specifically described in Exhibit "A" attached hereto and <br />made a part hereof ("Waikapuna" or the "Property"); and <br />WHEREAS, County's Department of Environmental Management has identified <br />28.739 acres on the mauka portion of Waikapuna as a potential location for the <br />Na'alehu Wastewater Treatment Plant ("WWTP Location"), described in the map and <br />survey attached hereto as Exhibit "B"; and <br />WHEREAS, to allow County and the Ka'G community the opportunity to further <br />explore this potential location, the Parties agreed to exclude said WWTP Location from <br />"Grant of Conservation Easement" which is intended to be recorded by ATA in favor of <br />County immediately after ATA acquires fee simple ownership of the Property, attached <br />hereto as Exhibit "C" (the "Conservation Easement"). To be clear, the Conservation <br />Easement will cover all of the Property except for the 28.739 acre WWTP Location. <br />THE PARTIES AGREE AS FOLLOWS: <br />1. Consideration. The parties have reached this agreement in <br />consideration of County and ATA each agreeing to exclude the WWTP Location from <br />the Conservation Easement, while the County determines where to site their new <br />wastewater treatment facility, together with the other recitals (all of which form a part of <br />this Agreement) and other good and valuable consideration, the adequacy and receipt <br />of which are hereby acknowledged <br />2. Possible Future Conservation Easement. In the event that County <br />does not begin construction of the Na'alehu Wastewater Treatment Plant on WWTP <br />Location within 10 years of the execution of ATA's acquisition of the Property and <br />recording of the Conservation Easement, a Conservation Easement in a form <br />substantially same as the Conservation Easement over the Waikapuna Property <br />attached as Exhibit "C", will be recorded over and permanently burden the WWTP <br />Page 1 of 47 <br />