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MEMORANDUM OF AGREEMENT FOR <br /> THE MAMALAHOA BYPASS HIGHWAY BY THE <br /> COUNTY OF HAWAII AND CAROLINE MAE SMITH, <br /> TRUSTEE OF THE ALFRED WHITAKER SMITH REVOCABLE <br /> TRUST UNDER UNRECORDED TRUST AGREEMENT DATED <br /> AUGUST 2, 1985, AS COMPLETELY RESTATED AND AMENDED BY <br /> UNRECORDED FIFTH AMENDMENT DATED MARCH 4, 1993 <br /> THIS MEMORANDUM OF AGREEMENT FOR THE MAMALAHOA BYPASS <br /> June 19, 2013 <br /> HIGHWAY("Agreement") is entered into as of , by and <br /> between the COUNTY OF HAWAII, a municipal corporation of the State of Hawai`i <br /> ("County"),whose principal place of business and mailing address is 25 Aupuni Street, Hilo, <br /> Hawai`i 96720, and CAROLINE MAE SMITH, Trustee of the Alfred Whitaker Smith <br /> Revocable Trust under unrecorded Trust Agreement dated August 2, 1985, as completely <br /> restated and amended by unrecorded Fifth Amendment dated March 4, 1993 ("Smith Trust"), <br /> whose mailing address is 7530 Eucalyptus Hill, La Mesa, California 91942. <br /> RECITALS <br /> 1. The Smith Trust is the owner in fee simple of the real property bearing TMKS: <br /> (3) 8-1-009:004 and 8-1-009:005 ("Smith Trust's Land"), and described in Exhibit"A" attached <br /> hereto. <br /> 2. The County intends to complete the design, construction and development of a <br /> road intended to bypass Mamalahoa Highway in the approximate vicinity between Keauhou and <br /> Captain Cook, Kona; said road is planned to consist of two lanes and a sufficient right-of-way <br /> for expansion to four lanes ("Bypass Highway"). <br /> 3. It is planned that the route of the Bypass Highway will pass through Smith Trust's <br /> Land, and in anticipation thereof, Smith Trust and the County have agreed on an approximate <br /> ! IB'T " I '' <br />