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1 <br /> ROAD MAINTENANCE AGREEMENT <br /> THIS AGREEMENT, made,executed,and delivered this /o 4day of ftkkt-, 1999, <br /> by and between COUNTY OF HAWAII, whose business and post office address is 25 Aupuni <br /> Street,Hilo, Hawaii 96720,hereinafter"COUNTY,"through its Department of Public Works, <br /> and 1250 OCEANSIDE PARTNERS, hereinafter"OCEANSIDE,"whose business address is <br /> 78-6831 Ali'i Drive, Suite K-15, Kailua-Kona, Hawaii 96740. <br /> WITNESSETH: <br /> WHEREAS,OCEANSIDE is required to construct an extension to Haleki'i Street and a <br /> new road("Road C"),which are hereinafter together referred to as"roadways,"in connection <br /> with the subdivision of that certain real property situated at Honuaino 4,Hokukano I &2, <br /> Kanaueue 1 &2, Halekii,Keekee 1 &2, Ilikahi,Kanakau 1 &2, Kalukalu 1, 2 & 3,and Onouli <br /> 1,North and South Kona,Island of Hawaii, County and State of Hawaii, identified by Tax Map <br /> Key No. 3`d Division 8-1-004:Parcel 56 and portion of Parcel 3 (hereinafter"Subdivision") on <br /> the preliminary plat map filed in the County of Hawaii Planning Department Subdivision file no. <br /> 98-124, which is referred to as "Hokuli'a Phase 1"; and <br /> WHEREAS, for the purposes of this Agreement,the words "roadway"and"roadways" <br /> shall mean the entire right-of-way within which vehicular traffic and other improvements will be <br /> constructed; and <br /> WHEREAS, OCEANSIDE is required to dedicate the roadway improvements to the <br /> COUNTY under Ordinance No. 96-8; and <br /> WHEREAS,the COUNTY's dedicable standards do not expressly provide for <br /> landscaping within certain portions of a roadway or for other variation in roadway facilities; and <br /> SCANNED <br /> SEP 0 8 2014 <br /> EXHIBIT 23 <br />