COM 0168.000 2014-2016 - Laserfiche WebLink

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DEED KNOW ALL MEN BY THESE PRESENTS: That the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is County Building, 25 Aupuni Street, Hilo, County and State of Hawaii 96720, hereinafter called the "Grantor," for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration to it paid by HOKU KAI BIOFUELS, LLC, hereinafter called the "Grantee," the receipt of which will be acknowledged upon closing, does hereby grant, bargain, sell and convey unto the Grantee, its successors and assigns, in fee simple, forever, the following real property with acknowledgements as listed: All of that certain parcel situate at Waiakea, District of South Hilo, Island, County and State of Hawaii, containing an area of approximately 733 square feet, more particularly described in Exhibit "A" and delineated on Exhibit "B" attached hereto and made a part hereof by reference. Grantee has had full opportunity to inspect the parcel and knowingly accepts it as the site of a subterranean fuel pipeline and valve vault. Grantee accepts the parcel AS IS and WHERE IS with knowledge of the special conditions that the site contains the pipeline and valve vault. Grantee and Grantor acknowledge that it is unknown if any toxic or hazardous materials remain in and/or at the site or within the soil, and that upon conveyance Grantee assumes full responsibility for any claims that arise on or after the closing which are related to any contamination that may remain on the parcel. Grantee further agrees to indemnify and defend the Grantor in any complaint, suit, or other cause of action brought against Grantor in relation to any Indemnifiable Claim with respect to the parcel. 2. Grantee shall allow the owner and controller of the adjacent connecting portions of the pipeline reasonable access to the pipeline and valve vault. -2-