2024-09-25 C&J Coupe Exhibit List, Exhibits 1-5 (PL-BOA-2024-000105)

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23.1 1. Roadways. Roadways and related improvements within Hokuli'a (the "Roadways") will remain as Common Area which the Association shall own and be responsible for unless and until the Roadways are dedicated to Hawaii County, and Hawaii County accepts such dedication. In order for Hawaii County to accept dedication of the Roadways, the Roadways must be in a condition that meets the standards of Hawaii County for such dedications. The Association shall be liable for the Roadways, and shall indemnify and hold Hawaii County harmless from any and all claims and actions arising from, or out of, the Roadways, so long as the Roadways remain Common Area. This Section shall not be interpreted to require the Association to dedicate the Roadways to Hawaii County, nor shall it be interpreted to require either the Association or Declarant to construct and maintain the Roadways in a condition that meets the standards of Hawaii County for such dedications. 23.12. Wells and Irrigation Systems. No Owner or Member may construct, drill, install, or maintain any sprinkler or irrigation systems or wells of any type which draw upon water from lakes, creeks, streams, rivers, ponds, wetlands, canals, or other ground or surface waters within Hokuli'a, except that Declarant, the Association, and the Corporation shall have the right to draw water from such sources. 23.13. Indemnity for the County of Hawaii. Special Management Area Use Permit No. 356 issued by the County of Hawaii (the "Permit"), applies to a portion of the property within Hokuli'a. As a condition of the approval of the Permit Declarant shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for the property damage, personal injury or death arising out of any act or omission of Declarant, its successors or assigns, officers, employees, contractors and agents under the Permit or relating to or connected with the approval of the Permit. Article XXIV Amendment of Declaration 24.1. By Declarant. In addition to specific amendment rights granted elsewhere in this Declaration, until terndliation of the Class "B" Control Perin , Declarant may, 1111lesr otherwise prohibited by Hawaii law, unilaterally amend this Declaration for any purpose. Thereafter, so long as Declarant owns any property described in Exhibit "A" or "B," Declarant may unilaterally amend this Declaration if such amendment is necessary (a) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (b) to enable any reputable title insurance company to issue title insurance coverage on the Lots; (c) to enable any 73