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• MEMORANDUM OF AGREEMENT FOR THE MAMALAHOA BYPASS HIGHWAY BY THE COUNTY OF HAWAII AND EDWARD SEIJI IKEDA, TRUSTEE OF THE EDWARD SEIJI IKEDA REVOCABLE TRUST DATED MAY 13, 1993 THIS MEMORANDUM OF AGREEMENT FOR THE MAMALAHOA BYPASS HIGHWAY ("Agreement") is entered into as of July 15, 2013, by and between the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii ("County"), whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, and EDWARD SEIJI IKEDA, Trustee of the Edward Seiji Ikeda Revocable Trust dated May 13, 1993 ("Ikeda Trust"), whose mailing address is 1107 Kaweloka Street, Pearl City, Hawaii 96782. RECITALS . 1. The Ikeda Trust is the owner in fee simple of the real property bearing TMK: (3) 8-1-009:010 ("Ikeda Trust's Land"), and noted in Exhibit "A" attached hereto. 2. The County intends to complete the design, construction and development of a road intended to bypass Mamalahoa Highway in the approximate vicinity between Keauhou and Captain Cook, Kona; said road is planned to consist of two lanes and a sufficient right-of-way for expansion to four lanes ("Bypass Highway"). 3. It is planned that the route of the Bypass Highway will pass through Ikeda Trust's Land, and in anticipation thereof, Ikeda Trust and the County have agreed on an approximate location for the Bypass Highway on Ikeda Trust's Land and as shown on Exhibit"A" and on certain other matters relating thereto. 4. Ikeda Trust and the County desire to set forth their agreement with respect to the Bypass Highway in this Agreement. AGREEMENT In consideration of the Recitals set forth hereinabove, which by this reference are incorporated herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Ikeda Trust and the County agree as follows: 1. Location of Bypass Highway on Ikeda Trust's Land: 1.1 Ikeda Trust's Agreement to Provide Right-of-Way: Within one hundred twenty(120)days from the date of this Agreement and subject to the terms and conditions of this Agreement, a right-of-way for the Bypass Highway on Ikeda Trust's Land ("Right-of-Way") the EXHIBIT "1"