2008-04-18 TPD-WATKINS - Laserfiche WebLink

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we obtained permission from Surety Kohala to use School Road – or, it has a different name, I’m sorry, it was mentioned earlier – to Pratt Road for deliveries. Maluhia Road is now used for all access, including access to parts of our property which are not governed by the SMA and Special Use Permits, in other words, to the property that we are presently farming. We have no intention of using Union Mill Road or Kamehameha Park Road to access the Retreat. Unfortunately, on February 6, 2008, an HPM truck did make a delivery to the Retreat construction site using Union Mill Road. This was a mistake arising out of a miscommunication. We had faxed a map to HPM on February 3, 2008, designating Maluhia Road as the correct access road. We also called Jeffrey Yamamoto who was our usual driver for HPM deliveries to the Retreat, and reminded him that Maluhia Road was the correct access road. Somehow both communications failed to reach the substitute driver, who was filling in for Mr. Yamamoto on th February 6. I’m not sure how this communication error happened. HPM indicated that they thrd didn’t receive the correct map until February 20 rather than February 3. This is especially confusing in light of the fact that HPM had made deliveries using Maluhia Road in both September and October of 2007. While I was alarmed by this discrepancy, I must reiterate that we had no intention of using Union Mill Road as an access for the Retreat after 2005, after we realized that that was being requested of us. Furthermore, HPM has sent to the Planning Department a letter saying that they are now in possession of the correct map, which indicates the proper access for the Retreat is through Maluhia Road. They also promised me that they pulled out all the maps from 2005, so that there can never be a mistake on their part again. All future supply deliveries will be routed through Maluhia Road. I will be faxing them a map with instructions to use only Maluhia Road. And I will also call to confirm that they got it. A copy of each faxed map will be faxed to the County Planning office, so that they are aware of this as well. We do not intend to use Union Mill Road, and will do our best to insure that no future mistakes are made. We are sorry for this concern this mistake must have caused. Second, Department of Transportation certificate of Maluhia Road. Condition 6 of our Special Use Permit indicates that Maluhia Road must meet Department of Transportation certification as part of the Special Use Permit conditions. That, again, must be met prior to us receiving our certificate of occupancy. Because Maluhia Road was built during the plantation days, the Department of Transportation does not have the specifications to which the road was constructed. Due to this they have requested that we tear up the Highway easement and we rework it to commercial standards. The overall improvement to the road will be relatively insignificant, but the cost will be very high. Because of that, we asked the Department of Transportation to reconsider this request. This was a major reason for our delay in compliance with Condition No. 6 of our Special Use Permit. Now, when I wrote this, we had not received the copy of that letter; we just received their letter of reply this morning. So we intend to comply fully with all conditions and will act without delay. We have completed the required surveys, as you can see in your file, and we have hired an engineer, Peter Dahlberg, to do the plans. He met th with the Hilo office of the Department of Transportation on Wednesday, April 16. And he will be submitting plans conforming to the Department of Transportation specifications, and any necessary work will begin as soon as these plans are approved. Again we apologize for this delay. EXHIBIT B 7