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MEMORANDUM OF AGREEMENT WITH (For Ane Keohokalole Highway) THIS MEMORANDUM OF AGREEMENT dated as of , 2009 (this "Memorandum") is made by , whose principal place of business and mailing address is and the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii (the "County"), whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720. Background: The County has begun development of the Ane Keohokalole Highway project, which is otherwise known as the Mid-Level Road Project, that is planned to extend from Palani Road in a northerly direction to the Kealakehe Parkway, and then beyond to Hinalani Street and eventually to Kaiminani Drive. The new Kona Community Development Plan (the "Kona CDP") recognizes this Mid-Level Road Project as a key link for traffic circulation and relieving traffic congestion on Palani Road, Mamalahoa Highway, and the Queen Ka`ahumanu Highway. owns certain land situated in Honokohau, District of North Kona, Island and County of Hawaii, State of Hawaii identified by Tax Map Key: (3) (the "Property"), over which a portion the Mid-Level Road is planned to traverse. The parties desire to cooperate with each other to provide the right-of--way (the "ROW") that is necessary to accommodate the portion of the Mid-Level Road that will traverse the Property. The County is contemplating the construction of travelway and related improvements for the Mid-Level Road, to improve traffic circulation in the North Kona District Agreement: NOW, THEREFORE, the parties hereby agree as follows: 1. shall cooperate with the County, the State Department of Transportation, and the Federal Highways Administration, to the extent and as such cooperation may be required by the County, to allow the survey, planning and assessmerits studies to be conducted on the Property to create the ROW for the Mid-Level Road corridor as part of the subdivision of the Property to be processed by the County. The ROW may include land for the travelway, as well as any other appurtenant structures or easements necessary to support the road and public utilities required to service the Property and the North Kona District. 2. will work with the County and will provide all topographical surveys, archaeological and environmental studies, engineering roadway plans, and other studies