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<br /> <br /> <br /> <br /> <br /> <br /> Agreement. A copy of the proposed form of revised stipulated permanent injunction, which the <br /> Parties agree to submit to the Court for its consideration, is attached hereto as Exhibit "B." <br /> <br /> 8. RIGHT TO OBSERVE WORK DONE IN PERFORMING BASE LINE <br /> WATER QUALITY STUDY AND MODIFIED WATER MONITORING PROGRAM. <br /> The Individual Plaintiffs shall have the right to observe the data collection work done for the <br /> Modified Water Monitoring Program pursuant to Section 16.2 and the Baseline Study pursuant <br /> to Section 16.3 of the Settlement Agreement, to the extent practical. Oceanside shall ask the <br /> third parties performing this work to give Oceanside and the Plaintiffs notice of their work <br /> schedules, to the extent practical. <br /> 9. PUBLIC SHORELINE ACCESS. Oceanside confirms that the Haleki'i Street <br /> Extension is to be dedicated to the County, and Oceanside agrees to grant a public access <br /> easement over that portion of F Road which connects the Haleki'i Street Extension to the <br /> Shoreline Park. The dedication and easement described in the preceding sentence shall. each be <br /> made or granted not later than 30 days after the Bypass Highway is opened. Oceanside agrees <br /> that there will be no gate on the Haleki'i Street Extension or on the portion of F Road that is <br /> subject to the public access easement. Oceanside also confirms that Oceanside intends to <br /> comply with the provisions of the CDUA for the Shoreline Park, including paragraph 26 of such <br /> CDUA which provides as follows: <br /> "The applicant shall provide for public access to the park at no charge, provided that <br /> reasonable restrictions may be imposed on such access to protect the park from overuse <br /> and activities prohibited by law. Public access to the park shall be available from dawn <br /> to dusk, provided that, after dusk and before dawn, access shall be available on a <br /> controlled basis and allowed by permit unless otherwise provided for in this approval." <br /> <br /> 10. AMENDMENTS TO SECTION 17 OF SETTLEMENT AGREEMENT. <br /> 10.1 Section 17.1 of the Settlement Agreement is hereby amended and restated <br /> to read as follows: <br /> <br /> 17.1 Legislation to Amend County Grading and Grubbing Ordinance to <br /> Increase Protection for Cultural Resources and Marine Environment In an effort to <br /> minimize flooding and provide greater protection for cultural, historical and burial sites, <br /> and the marine environment, and at the request of the Plaintiffs, the County <br /> Administration shall work with Plaintiffs to draft, introduce (within six months after the <br /> Effective Date) and support before the County Council legislation that would amend <br /> Chapter 10 and Chapter 27 of the Hawaii County Code, consistent with the public <br /> interest. The focus of these cooperative efforts shall be to amend Chapter 10 and Chapter <br /> 27 of the Hawaii County Code in a manner that would increase the level of education and <br /> enforcement regarding minimization of flooding and protection of cultural, historical and <br /> burial sites and the marine environment. Such amendments could include: <br /> 17.1.1 Modifying "Section 10-1 Purpose" to read as follows: "The <br /> purpose of this chapter is to provide minimum standards to prevent flooding, soil erosion, <br /> and sedimentation, thereby protecting public health, safety and welfare, public and <br /> <br /> 4 <br />