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<br /> <br /> <br /> <br /> <br /> <br /> <br /> (a) The General Plan LUPAG designation for such relevant portion of the <br /> Property is amended from "Rural" to some other designation, or <br /> <br /> (b) The Hawai'i County Code is amended to delete "RA-2a" as a zoning <br /> classification or to substantially change the definition thereof. <br /> <br /> 2. The provisions of this Declaration shall constitute covenants and servitudes running <br /> with the land and shall be binding on the Declarant and all Subsequent Owners as to any portion <br /> of the Property designated "Rural" on the LUPAG Map of the Hawai'i County General Plan by <br /> Ordinance No. , attached hereto and made a part hereof as Exhibit "B". <br /> IN WITNESS WHEREOF, the Declarant has executed these presents as of the day and <br /> year first above written. <br /> <br /> CAPTAIN COOK RANCH LLC, a Hawaii <br /> limited liability company <br /> <br /> <br /> <br /> By <br /> MICHAEL W. GIBSON <br /> Its Manager <br /> <br /> <br /> STATE OF HAWAII ) <br /> SS. <br /> CITY AND COUNTY OF HONOLULU ) <br /> <br /> <br /> <br /> <br /> On this day of August, 2006, before me personally appeared MICHAEL <br /> W. GIBSON, to me personally known, who, being by me duly sworn or affirmed, did say that <br /> such person executed the foregoing instrument as the free act and deed of such person in the <br /> capacity shown, having been duly authorized to execute such instrument in such capacity. <br /> <br /> <br /> Signature: <br /> Print Name: <br /> Notary Public, State of Hawaii <br /> My commission expires: <br /> <br /> <br /> <br /> <br /> <br /> <br /> 2 <br />