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<br /> <br /> <br /> <br /> <br /> EXHIBIT 'B' TO ADDENDUM TO SETTLEMENT AGREEMENT <br /> <br /> AMENDED STIPULATION FOR PERMANENT <br /> INJUNCTION ON WATER POLLUTION CLAIMS AND ISSUES <br /> <br /> <br /> <br /> COME NOW Plaintiffs WALTER JOHN KELLY, CHARLES ROSS <br /> FLAHERTY, JR., PATRICK M. CUNNINGHAM, AND MICHELE CONSTANS WILKINS, <br /> <br /> by and through their counsel, Robert D.S. Kim, Esq., and Plaintiff PROTECT KEOPUKA <br /> OHANA, a Hawaii non-profit corporation, by and through its counsel Alan Murakami of the <br /> <br /> Native Hawaiian Legal Corporation, (collectively, "Plaintiffs"), Defendant 1250 OCEANSIDE <br /> PARTNERS, by and through its Chief Executive Officer, John De Fries, Defendant <br /> <br /> DEPARTMENT OF HEALTH, STATE OF HAWAII, and Defendant STATE OF HAWAII, by <br /> the through their counsel, Adina Cunningham, Deputy Attorney General, and Defendant <br /> COUNTY OF HAWAII, by and through its undersigned Deputy Corporation Counsel, Ivan M. <br /> <br /> Torigoe, appear and hereby stipulate to a modified permanent injunction as follows: <br /> <br /> 1. A Stipulated Permanent Injunction is hereby issued against Defendant <br /> <br /> OCEANSIDE 1250 PARTNERS, effective upon the signature and approval of the Court <br /> hereinbelow, and the express provisions of which are as follows: <br /> <br /> A. Defendant 1250 OCEANSIDE PARTNERS is permanently <br /> <br /> enjoined from polluting, generating runoff, discharge and/or from causing sediment runoff into <br /> the Class AA waters off of the Hokuli'a Property (more specifically described and identified on <br /> <br /> the tax maps of the Third Taxation Division of the State of Hawaii as Tax Map Key Nos. (3-) 7- <br /> 9-012:004, (3) 7-9-012:011, (3) 8-1-004:003 and (3) 8-1-004:056) in violation of the water <br /> <br /> quality standards contained in Title 11, Chapters 54 and 55, Hawaii Administrative Rules, as <br /> amended, from time to time, Chapter 342D, Hawaii Revised Statutes, as amended, and the <br /> Notice of General Permit Coverage No. HI RIOB008 ("NGPC") issued to 1250 Oceanside <br /> <br /> Partners as it has been or may be modified, and as applicable to construction activities on the <br /> Hokuli'a Property; and <br /> <br /> <br /> B. In the event that any party to this Stipulation determines that there <br /> may have been a violation of this Stipulated Permanent Injunction, the party shall immediately <br /> <br /> notify the Court and the other parties of their determination and the reasons therefore and the <br /> <br /> <br /> 4838-15904768.1.051730-00022 <br />