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WATANABE: Do you swear or affirm to tell the truth now before the Planning <br />Commission? <br /> SULLA: Yes, I do. <br />WATANABE: And then your name and address. <br />SULLA: My name is Paul Sulla and I have a legal office at 2061 Kalanianaole here <br />in Hilo. I represent the applicant. And specifically with regard to the purchase, with regard to <br />the zoning issues, AND with regard to the conversations that Attorney Yeh mentioned <br />beforehand, I think I have something to add that might help the Commission decide on how to <br />continue and what to continue. <br />And the first part I’d just like to add is that Shipman had conveyed and warranted access from <br />the Bypass Road to the site in 1938. So, and further these roads have been used for 70 years in <br />that area and there has been no impediment ever on access. So since that time it makes it <br />difficult for Shipman to then argue later on you don’t have access. They, basically, cannot really <br />contest access. And so we had that reason, and they’ve warranted it. So now what we’re hearing <br />is really not about access. Because if it was then why would the special permit be okay but not <br />the change of zone? Obviously the access issue is being tossed around, and it can be corrected <br />very simply. It’s a technical issue that it was dropped off on some land court records. But as I <br />said there is really no potential for conflict or for dispute by Shipman since it’s already warranted <br />these rights-of-ways. <br />IWASHITA: Mr. Chair? <br />WATANABE: Mr. Iwashita. <br />IWASHITA: I have a question of the testifier. <br />WATANABE: Yes. <br />IWASHITA: Does the TCT for the property reflect the access rights you’re talking <br />about? <br />WALTER: The TCT in 1938 did. It got dropped off by mistake and, by mistaken <br />Land Court -. <br />IWASHITA: Well -. <br />WALTER: At that -. <br />IWASHITA: Today, but today there is no access you talked about on the TCT, is that <br />correct? <br />WALTER: What we have is Title Insurance affirmatively assuring this parcel on this <br />technical issue; and an insurance company, and the Title Insurance Company, and the attorneys <br />in Honolulu who will correct the technical issue. We also have essentially negotiations on the <br />table with the party, with Shipman, about this issue. This is really not an issue but being used as <br />an issue to pry open further things, that’s all stated. <br />IWASHITA: I just -. <br />WATANABE: Yes, Mr. Iwashita. <br /> EXHIBIT C <br />19 <br /> <br />