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

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DocuSign Envelope ID:9CA172FF-D66EC-4563-9222-F29DD39BBD52 Ku`ikahi Mediation Center We empower people to come together- 0 to talk and to listen, to explore options, fx�f �r��xffc�xf rowfy 5 91eace and to find their own best solutions. 5. If a gate is added in the future, the gate will be inside the property at a distance that full size trucks will be able to pull into the driveway and completely exit Ali'i Drive without impeding or interfering with traffic. 6. The Project will be built without mirrored glass. 7. The Project will not have window AC units. All AC units will be inside the building and the compressors will be on ground floor. 8. The exterior of the building will not be steel. The exterior of the building will be a combination of siding, stucco, and stone. The roof of the building will be a combination of tiles and Trex. 9. The Mysins will design the building to complement the aesthetic of the surrounding buildings. 10. The roof deck will be furnished with removable items (e.g., sun chairs, umbrellas, etc.) without permanent structures or roofing. 11. The bike racks are on the ground floor and will not replace any of the 10 parking stalls in the basement. 12. The statement in the draft proposal dated March 1, 2022 will be modified from "As such, any agreement reached in mediation will have to acknowledge that the square footages of the Project may be altered based on requests made by the building department." And instead will read: "As such, any agreement reached in mediation will have to acknowledge that the square footages and elevation/height of the Project may be altered based on requests made by the building department in order to adhere to code(s) and will attempt to be as close to the April 20, 2022 draft plans as possible." 13. The new plans will be re-evaluated and re-reviewed by the Department of Public Works Engineering Department and any other departments as required by the Planning Department. The Mysins are willing to consult with their engineer regarding subsurface and geotechnical requirements. 14. The preliminary Elevations drawings and exterior design artistic renderings will be shared with the Intervenors. Final Elevations drawings and exterior design artistic renderings will be submitted to the Planning Department. 15. Excavation at the southwest corner of the lot, that compromises the Ala Ka La electrical power source, shall cause the Mysins to provide an alternative below ground source that shall culminate at the below-ground connection to the Ala Ka La building at the base of the existing pole. All work shall be approved by HELCO. Removal of the subject pole, and stabilization of the surrounding below grade and surface, shall be at the Mysins' expense. Removal of other parts of the Ala Ka La electrical supply shall be by HELCO,Ala Ka La, or a combination of those parties. 16. During the construction phase: a. Work will adhere to the time and noise abatement standards required by the County of Hawaii and State of Hawai'i. The "Noise Reference Manual Big Island Edition" which covers construction can be found on page 7-8 of https://health.hawaii.gov/irhb/files/2013/07/noiserefbi.pdf b. The Mysins will provide fenced screening around the property to reduce visual, dust, and noise impacts on the surrounding properties and public right of way. c. Most construction and heavy machinery will access the property via Ali'i Drive. Exceptions will include installing the fenced screening (see point above), building rock walls, electrical/HELCO installation, etc. which will need access via "Old Trail" roadway and joint property lines. d. The Mysins will work with Ala Ka La to ensure advance notice of any work needing to be done along the "Old Trail" roadway or joint property lines. Nikolay will share his cell phone number with the surrounding neighbors to ensure two-way communication, especially if there are any problems during construction when Nikolay is off site. 17. The Mysins will contact their insurance carriers (for Nikolay Mysin's construction company insurance and insurance for Project)to determine what coverage, if any, is provided to their surrounding neighbors under their insurance policies. The Mysins will also consider photographing the Ala Ka La property before construction begins. 18. The materials used in the advertising of any aspect of the Project for sale, lease,or any other form of occupancy shall conform to all State and County regulations. Page 2 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!