2009-01-15 THAWAIIAN RAINFOREST - Laserfiche WebLink

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it’s that we can’t have things go two ways, you know. The easement was granted in that deed by Shipman. The restrictions were put on that parcel by Shipman. If Shipman wants to enforce those restrictions which we’ve agreed to they should also recognize that we have an easement. However, this is a technical issue that they’re using with us; and with regard to the negotiations, they’ve used it to put the applicant in a position where we can’t go forward in agreement with them. WATANABE: Yes. Follow-up? WOODWARD: When do you anticipate that this will be settled? SULLA: We feel that this is a technical non-issue that is being used to block the application. What we are doing is filing this matter with petitions with the Land Court. We were told it may take up to six months to clear, because Land Court is not as quick as we’d like. We still don’t even have our transfer of certificate of title. We don’t have our TCT from Land Court yet. So this is the problem. Land Court is four or five months behind doing anything. So we’re going to have our Honolulu attorney who’s going to press very hard. The insurance company is very aware of the concern. The cost has already incurred and we’re assured that this is going to take place and be done within six months, but it could go as long as a year. WATANABE: I think I kind of know where you’re headed, Mr. Woodward. And, you know, potentially we could condition a recommendation. In this case it’s not an approval because it’s a zoning change as well as a land use change. So we could potentially condition our recommendation upon receiving legal access to the property. And so it doesn’t necessarily mean that we’re dead in the water today. WOODWARD: That would be fine with me. SULLA: That would be fine with the applicant also because we know we have a further procedure that we have to follow; and during that time we would have the access issue cleared, and it’s a condition that we intend to have cleared up. WATANABE: Yes. Mr. Domingo, you -? DOMINGO: Yes, Mr. Chairman. From the conversation that I’ve heard and the statement that you’ve made, permit me if I’m wrong, just tell me if I’m wrong, it is my understanding that it’s just a matter of formality that this will be resolved by the Land Court in its final decision? SULLA: Yes. That’s essentially it because the grant was already made by Shipman and it’s on record in 1938. Then there was a subdivision, it was carried forward on a few deeds and then it got dropped off by Puna Sugar when it conveyed back. And in that case, I mean, I’ve been a title conveyance person for 35 years and I would not have a problem with the title, just as Fidelity didn’t have a problem with the title. The problem, however, is the Land Court in Hawaii which is, has to have these formalities covered, and has to go and review it. And as I said we still don’t have our TCT from the conveyance a year ago. So obviously we’ve got to sit there. I’ve been with the Land Court here in Hawaii, you really have to press on it, you have to stay with them, and squeaky wheel to get there. So that’s what we’re against. There really is no EXHIBIT A 4