2022-09-28 Email George-Kapalili Smith Withdrawing Standing

Home

DocuSign Envelope ID:9CA172FF-D66EC-4563-9222-F29DD39BBD52 Ku`ikahi Mediation Center We empower people to come together— to talk and to listen, to explore options, fx�f �r��xffc�xf rowfy 5 91eace and to find their own best solutions. U MEDIATION TERM SHEET First Party Name(s): Jekaterina & Nikolay Represented By: Calvert"Cal" Chipchase, Esq. & Mallory Mysin Martin, Esq., Cades-Schutte Second Party Name(s): Nancye Capri Represented By: N/A Fourth Party Name(s): Jeffrey Silva Represented By: Walter John "Jack" Kelly, Kuleana Consulting Third Party Name(s): George"Smitty" Smith,Jr. Represented By: N/A Additional County of Hawai'i Planning Represented By: Jeff Darrow, Deputy Director&Jean Participants: Department Campbell, Corporation Council Date: June 27, 2022 KMC Case#: 21-058 Court Number: N/A We,the undersigned, have participated in a continued mediation session on May 27, 2022. We hereby agree to abide by and fulfill the following: All parties agree that the Mysins' draft plans and draft proposal dated April 20, 2022 in regards to the proposed building at 75-6150 Ali'i Drive in North Kona (the "Project") are acceptable provided the following terms are met: 1. a. Dr.Trisha Kehaulani Watson of Honua Consulting will engage in a collaborative process among Dr. Watson and, including but not necessarily limited to, cultural descendant Jim Medeiros Sr., Intervenor Jeffrey Silva, and consultant Walter John "Jack" Kelly to review the relevant literature, conduct a one- day site visit to be held on any of June 30 or July 1, 5, or 6, and determine whether and to what extent further archaeological review may be advisable. The Mysins will take such further action as may be determined by Dr. Watson in consultation with the above-named individuals and any other cultural descendants. b. Following the one-day site visit and the completion of such further action as is determined by Dr. Watson, if there is consensus among the parties that no further work is necessary, Intervenor Jeffrey Silva will withdraw his petition to intervene. If Intervenor Jeffrey Silva disagrees that no further work is necessary, the Mysins may proceed with the hearing for the project, and Intervenor Jeffrey Silva may continue with his intervention. In all events, the Mysins will have an archaeological monitor onsite during ground-disturbing activities. 2. The paved drop off area at the front of the property will be painted and have signage to indicate that it is a 15- minute loading zone exclusively for unloading and loading vehicles and service vehicles. The signage will include the name and contact information for a towing company. The Mysins will make good faith efforts to contract for removing cars that are improperly parked in the loading zone or other areas of the property. The exception to this usage is that during the construction phase the paved drop off area can be used by vehicles for the purposes of construction. 3. The County Planning Department will add a condition to the SMA Permit restricting the use of the paved drop off area at the front of the property limiting its use to an active loading zone and service vehicles with the requirement to remove the vehicles that are violating the restriction. 4. Nikolay Mysin and George"Smitty" Smith,Jr. have met in person on the property to collaborate about ideas on the shared property border. Page 1 of 3 101 Aupuni Street,Suite PH 1014 B-2 0 Hilo,Hawaii 96720 0 Phone: (808)935-7844 0 Fax: (808)961-9727 infogahawaiimediation.org 0 www.hawaiimediation.org Ku'ikahi Mediation Ccntcr is a 501(c)(3)nonprofit organization,donations to,which are tax-dcductible.We w 1corne your support!