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WESLEY-SMITH: But they do have a recorded public easement, correct? <br /> VITOUSEK: That's correct, yes. <br /> WESLEY-SMITH: And there's also a recorded public easement over that private road bringing <br /> the public down to the shoreline park, right? <br /> VITOUSEK: Correct. <br /> WESLEY-SMITH: So, there's essentially a public easement all the way from the bypass to the <br /> shoreline park? <br /> VITOUSEK: That's correct. <br /> WESLEY-SMITH: And under the ordinances in the development agreement, is there any <br /> obligation to dedicate that final private stretch of road? <br /> VITOUSEK: Are you referring to Hawai`i Loa Drive? <br /> WESLEY-SMITH: Hawai`i Loa Drive. <br /> VITOUSEK: No, there's no requirement to dedicate Hawai`i Loa. <br /> WESLEY-SMITH: So, no matter what, to get to the shoreline park there's still going to be at least <br /> partially a private road with a public easement. <br /> VITOUSEK: Correct. <br /> WESLEY-SMITH: But public access will always be protected. <br /> VITOUSEK: Public access is protected by the shoreline park management and public access plan <br /> which is a condition of the development. Yeah. <br /> WESLEY-SMITH: Okay, looking at the connector road again, you come down Makai Haleki`i <br /> extension, you turn south towards the bottom of the page, where does the connector road take you? <br /> VITOUSEK: That road, Lauloa Drive, that dead ends at the Coupe family property, Onouli 2 <br /> Ahupua'a. <br /> WESLEY-SMITH: Okay, so when the developer agre—when the development agreement was <br /> entered into in 1990, do you know why the connector road was planned and designed the way that <br /> it is? <br /> VITOUSEK: You know— <br /> BAILEY: Objection calls for speculation. <br /> LEWIS: Were you present during that period of time? <br /> VITOUSEK: No, I was not. <br /> LEWIS: I would say sustain then; I'll sustain that. <br /> WESLEY-SMITH: I'll try a different question. <br /> EXHIBIT B <br /> Page 14 <br />