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r r r r MEMORANDUM OF AGREEMENT - WAINAKU EXTENSION AND CONNECTION TO THE HILO WASTEWATER TREATMENT FACILITY This MEMORANDUM OF AGREEMENT, dated this day of , 2024, is by and between HAWAIIAN OLA BREWING CORPORATION, a Hawaii corporation, whose mailing address is 74-5598 Luhia Street, Kailua-Kona, Hawaii 96740 (hereinafter referred to as "OLA"), and the COUNTY OF HAWAI`I, a municipal corporation of the State of Hawaii, by and through its Department of Environmental Management, whose mailing address is 25 Aupuni Street, Hilo, Hawaii 96720 (hereinafter referred to as "the County"). RECITALS: 1. OLA is the owner of certain real property located at Wainaku, District of South Hilo, Island, County, and State of Hawaii, identified as TMK Nos. (3) 2-6-015:001 and 002. These parcels of land are collectively identified as the "Project Area." OLA intends to develop a restaurant, bar and distillery in the Project Area, requiring OLA to connect to the County's Hilo Wastewater Treatment Plant. 2. The County, through its Department of Environmental Management ("DEM"), owns and operates a public wastewater treatment plant facility at the vicinity of Hilo International Airport known as the Hilo Wastewater Treatment Plant (the "HWWTP"), and has agreed to recommend extension of wastewater facility connections from the Project Area to the existing sewer terminus on the south side of Pukihae Bridge to carry wastewater from the Project Area and lands in the vicinity located along the proposed extension to the HWWTP, and has agreed to accept sewer wastewater at the HWWTP for treatment, provided that the sewer wastewater transmission lines and related infrastructure (the "Sewer Infrastructure") are designed, constructed and installed by OLA in accordance with Hawaii County Code ("HCC") Chapter 21, Article 3, Section 21-15. 3. The Sewer Infrastructure is to be developed in accordance with HCC Chapter 21 Article 4 Section 21-26, and shall consist of (A) a connection from the line located between the current East side of the bridge Pukihae Street terminus (SMH 10450, Station 0+24.40) to run across the existing bridge and continue to run along the Hawaii Belt Highway to a location across the Project Area near Hao Street to a sewer manhole at Station 20+51.71 ("Belt Line"), and (B) extending therefrom to a sewer service lateral connection between the Hao Street terminus that crosses the Belt Highway to the Project Area ("OLA Forced Lateral Line"). A location map depicting the locations of the Belt Line and the Ola sewer service Forced Lateral Line is attached hereto as Exhibit "A." OLA shall submit an application to the Director of the Department of Environmental Management ("Director") for approval. As specified in HCC Section 21-26.1, the sewer extension shall be approved by resolution of the County Council, once the application for an extension has been approved by the Director. Construction specifications shall be determined by the Director as specified in HCC Section 21-27. As specified therein, the property owner shall not have any title to the extension.