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ROE No.: 501578RO <br />REVOCABLE RIGHT OF ENTRY AGREEMENT <br />This REVOCABLE RIGHT -OF -ENTRY AGREEMENT (the "Agreement") dated <br />but effective as of December 1, 2025, (the "Effective Date'), is entered into and between the TRUSTEES <br />OF THE ESTATE OF BERNICE PAUAHI BISHOP, whose address is 567 South King Street, Suite <br />200, Honolulu, Hawaii 96813 ("Owner"), and the COUNTY OF HAWAPI, a municipal corporation of <br />the State of Hawaii, whose mailing address is 25 Aupuni Street, Hilo, Hawaii 96720 ("Permittee'). <br />RECITALS <br />WHEREAS, Owner is the owner in fee simple of those certain parcels of land situated at Papalele <br />and Kalopa, Hamakua, Island and County of Hawaii, State of Hawaii designated on the tax maps of the <br />Third Taxation Division of the State of Hawaii as Tax Map Key Nos. (3) 4-4002:005, Q) 4-4-002:006 and <br />(3) 4-4-009:008, as generally shown on the map attached hereto as Exhibit A (the "Property"); and <br />WHEREAS, the Permittee is the owner of Kalopa Road and all its improvements and bridges, <br />including but not limited to the one -lane bridge over Waika`alulu Gulch. <br />WHEREAS, the Permittee has a need to: (i) close and repair the one -lane bridge over Waika`alulu <br />Gulch in proximity to the Property; (ii) continue to provide members of the public with ingress and egress <br />from their homes to Hawaii Belt Road through Owner's Property; and (iii) install, maintain, repair and <br />upkeep an alternate road and related improvements (the "Kalopa Alternate Access Road") on Owners <br />Property. Owner is willing to permit such entry and use in response to an emergency closure of the bridge <br />only, and subject to the terms and conditions of this Agreement; and <br />WHEREAS, Owner is willing to permit such entry onto the Property and use of the Kalopa <br />Alternate Access Road on the express conditions that (i) Permittee and its consultants shall be solely <br />responsible for any and all maintenance, upkeep, and repair of the Kalopa Alternate Access Road and any <br />improvements thereon as may be necessary for its use as an emergency alternate thoroughfare; and (ii) that <br />Permittee and its consultants shall effectively manage access onto the Property and use of the Kalopa <br />Alternate Access Road so as not to expose the Property to trespassing and misuse. <br />NOW THEREFORE, in consideration of the foregoing, and the covenants, representations and <br />agreements of Permittee as set forth herein, Owner hereby grants to Permittee permission to enter and <br />Permittee hereby accepts such permission to enter, the Property defined in this Agreement, subject to the <br />terms and conditions of this Agreement. <br />AGREEMENT <br />A. Specific Provisions. The following constitute the "Specific Provisions" of this Agreement <br />and are referred to elsewhere in this Agreement. (References in these Specific Provisions to "Section" <br />refer to the section number of the General Provisions of this Agreement, which are attached as Exhibit B. <br />All capitalized terms in these Specific Provisions, unless otherwise defined herein, have the meanings given <br />to them in the General Provisions.) <br />FORM-L &A22(4do <br />Rn.c ROE 6,13.19 <br />