COM 0997.001 2006-2008 - Laserfiche WebLink

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ADDENDUM TO SETTLEMENT AGREEMENT This Addendum to Settlement Agreement (the "Addendum") is made by and among 1250 Oceanside Partners ("Oceanside"), the County of Hawaii ("County"), the Hawaii State Department of Land and Natural Resources ("DLNR"), the Hawaii State Department of Health ("DOH'), Protect Keopuka Ohana ("PKU and Waiter John Kelly ("Kelly"), Charles Ross Flaherty, Jr., ("Flaherty") Patrick M. Cunningham ("Cunningham") and Michele Constans Wilkins ("Wilkins") (Kelly, Flaherty, Cunningham and Wilkins are collectively referred to herein as the "Individual Plaintiffs"). Oceanside, County, DLNR, DOH, PKO and the Individual Plaintiffs are referred to collectively herein as the "Parties" and each individually as a 'Tarty." RECITAL The Parties have each signed or are signing a Settlement Agreement, in the form attached hereto as Exhibit "A," relating to the project commonly known as Hokuli a located in Kona, Hawaii (the "Settlement Agreement"), on the understanding that this Addendum amends and supplements, and for all purposes will be treated as part of, such Settlement Agreement (the Settlement Agreement, as amended and supplemented by this Addendum, is referred to hereinafter as the "Final Settlement Agreement"). NOW, THEREFORE, in consideration of the foregoing recital and in consideration of the mutual terms, covenants, conditions, promises and benefits contained in the Settlement Agreement and herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. DEFINITIONS. For the purposes of this Addendum, capitalized terms shall have the meanings set forth in the Settlement Agreement. 2. EFFECTIVE DATE. The Final Settlement Agreement shall be effective as of the date ("Effective Date") when all of the following conditions have occurred: (a) all Parties have signed the Settlement Agreement and the Addendum; and (b) the Court in the Litigation has entered an Amended Decision. 3. AMENDED DECISION. The following new Section 7.2 is hereby added to the Settlement Agreement: 7.2 The Parties expressly state that no agreement has been reached for all Parties jointly to submit a single form of proposed Amended Decision to be presented to the Court. Each Party is free to stipulate or present such Party's own proposed language for the Amended Decision at the appropriate time as requested by the Court, if applicable. 4. BYPASS HIGHWAY. The transportation section of the County General Plan states "Construct a scenic corridor from Keauhou above the Kealakekua cliffs to Napo'opo'o as both North and South Kona Courses of Action." Therefore, the County Administration, at the request of Plaintiffs, shall work with the Plaintiffs to draft, introduce, and support legislation before the County Council that would (1) allow for the designation of the scenic corridors in the County, and (2) specifically designate the Bypass Highway as a scenic corridor, except that portion of the bypass right-of-way passing through Hokuli'a. Oceanside has not requested that 1