2025-09-11 Proof of Service to the Director

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hawaii lawyer.com® DAMON KEY LEONG KUPCHAK HASTERT A LAW CORPORATION Kona Plantation, LLC September 11, 2025 Page 5 Finally, the 2008 Settlement, unlike the 2004 Settlement, does not restrict the Owner from maintaining a website for the Property, nor does it prohibit the use of the Property for short-term accommodations. Because the 2008 Settlement superseded and replaced the 2004 Settlement, it is unlawful to now hold Owners responsible for adhering to terms within the 2004 Settlement. Thus, because the 2008 Settlement is the controlling agreement between the Owner and the County, and because the Owner has strictly adhered to the terms within the 2008 Settlement, the NOVO's allegation that the Owner has breached its settlement obligations is clearly erroneous and unlawful. 2. Owner has not Violated the Additional Farm Dwelling Agreement. Likewise, the Additional Farm Dwelling Agreement (recorded January 19, 2000) governing Unit B has also not been violated. As stated above, Owner and Adrew Bergey (the individuals who reside in Unit B)"actively engage[] in agricultural or farm-related activit[ies]"while staying at the Property, and are therefore lawfully permitted to reside in Unit B. 3. Owner has not Violated County Code. The NOVO erroneously alleges that (1) Owner "established 16 additional dwelling units without executing the required farm dwelling agreement or providing the necessary supporting documentation for agricultural activity",(2)that"alterations to create 16 dwelling units were made without the required Special Management Area permit,"and(3)the Property was being advertised for event use. a. 16 Dwelling Units do not Exist on the Property, and all Bedrooms were Lawfully Established. The NOVO erroneously claims that the Owner established "multiple dwelling units" on the Property by equipping the bedrooms with "independent heating elements." This allegation is completely erroneous. HCC Section 25-1-5 defines a "dwelling unit" as "one or more rooms designed for or containing or used as the complete facilities for the cooking, sleeping and living area of a single- family only and occupied by no more than one family and containing a single kitchen." The HCC