RES 704 Draft 01 2022-2024 - Laserfiche WebLink

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4. The State of Hawai `i, through its Department of Transportation ("DOT"), owns and maintains the Hawaii Belt Highway, where the Sewer Infrastructure is to be constructed and installed. DOT requires the execution of a Use and Occupancy Agreement for construction and maintenance of the Sewer extension. OLA will be responsible for the design and construction of the Sewer Infrastructure in accordance with the approved construction plans. The County, as owner of the extension, will be responsible for the ongoing maintenance of the Belt Line section of the Sewer Infrastructure under any Use and Occupancy Agreement that it executes with the State. Should OLA wish to construct and maintain other infrastructure in the Hawaii Belt Highway not related to the Belt Line section of the Sewer, it shall be required to execute its own Use and Occupancy Agreement with the State, and the County shall not have any liability for any other infrastructure or activities related to it, which shall be the sole responsibility and liability of OLA. 5. OLA has elected to design and construct the extension in accordance with HCC Section 21-28(a), and in accordance with that provision of the Code, shall bear the total cost of the construction, permits, and other matters relating to construction. 6. OLA, in electing to follow HCC Section 21-28, will comply with all required provisions of Chapter 343, Hawaii Revised Statutes, as amended. 7. The parties desire to set forth their understanding as to the foregoing matters and cooperation in order that the Sewer Infrastructure can be designed and constructed in an expeditious manner to allow wastewater from the Project Area development to be treated at the HWWTP. AGREEMENT: In mutual consideration of the foregoing, and the terms and conditions stated herein, the parties do hereby agree as follows: I. Treatment of Wastewater from the Proiect Area. Subject to the completion of the Sewer Infrastructure connecting the Project Area to the HWWTP, and in accordance with HCC Chapter 21, Division 4, and provided sufficient capacity exists within the County's HWWTP system, DEM agrees to accept and treat up to 100,000 gallons per day of wastewater from OLA's restaurant, bar and distillery in accordance with local, state and federal rules and regulations after such wastewater goes through an acceptable pretreatment process by OLA prior to discharge into the Hao Street terminus manhole. 2. Description of Sewer Infrastructure. The Sewer Infrastructure is more specifically defined herein in Exhibit "A" as the length of 10-inch diameter sewer pipe from the east side of the current existing bridge extending to the Hao Street terminus manhole that meets with the approval of DEM together with related improvements, the location of which lines are generally depicted on Exhibit "A" attached hereto and incorporated herein by this reference. The connection of the Belt Line to the existing DEM terminus of the sewer line shall be at the manhole located at the eastside of the existing bridge as depicted on Exhibit "A." Plans and -2-