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PL-SMA-2022-000018, PL-SPP-2022-000018 01.06.23 K. POMEROY & K. TOUBMAN TESTIMONY
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2023-03-16 Leeward
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Item #4 Ahu Pohaku Ho'omaluhia LLC (formerly Robert Watkins and Jean Sunderland) (PL-SPP-2022-000018)
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Board Packet from 2023-01-19 Hearing
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PL-SMA-2022-000018, PL-SPP-2022-000018 01.06.23 K. POMEROY & K. TOUBMAN TESTIMONY
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Last modified
1/9/2023 8:51:39 PM
Creation date
3/13/2023 3:38:22 PM
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Plan Doc Template
Document Date
1/6/2023
Related Permits
PL-SMA-2022-000018, PL-SPP-2022-000018
Parcel Number
540090140000
Description
KATHERINE POMEROY AND KARL TOUBMAN, TESTIMONY FOR AHU POHAKU HOOMALUHIA
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limitation on the duration of the provisions contained herein imposed by law, then <br />such provisions shall be deemed to remain in effect only for the maximum <br />permissible period permitted by law or until 21 years after the death of the last <br />survivor of the now living descendants of former President William Clinton and <br />of President George W. Bush, whichever is later. <br />F. Interpretation. The captions and headings hereof are for convenience only and <br />shall not be considered to expand, modify or aid in the interpretation, construction <br />or meaning of this Declaration. As used herein, the singular shall include the <br />plural and the masculine shall include the feminine and neuter. <br />G. Binding Effect. This Declaration shall inure to the benefit of, and be binding upon <br />Declarant, the Project and Subject Property, the Project lot owner(s), and/or the <br />County of Hawaii, as appropriate, and their respective heirs, personal <br />representatives, successors, and assigns. <br />H. Assignment to State of Hawaii and/or United States of America. Upon the <br />precondition that all applicable provisions of this Declaration that benefit the <br />Declarant and its respective heirs, personal representatives, successors and assigns <br />are in full force and effect, and with the prior written consent of the Declarant, the <br />Declarant may assign its rights, obligations and duties under this Declaration in <br />whole or in part to the applicable department or agency of the State of Hawaii, <br />County of Hawaii and/or the United States of America. In the event of any such <br />assignment, in whole or part, the Declarant and its successors and assigns shall be <br />released as to the agreed maintenance and liability obligations for the portion(s) <br />so assigned. <br />Applicable Law. This Declaration shall be governed by the laws of the State of <br />Hawaii both as to interpretation and performance. <br />J. Counterparts/ Facsimile Signatures. This Declaration may be executed in any <br />number of counterparts, each of which shall be deemed an original but all of <br />which together shall constitute one and the same instrument, and in making proof <br />hereof it shall not be necessary to produce or account for more than one such <br />counterpart. <br />THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK <br />
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