2012-05-17 Leeward Exh A - Pink & Page

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GIFFIN: Commissioner. HICKCOX: Is there an easement that goes from the subject property through your property? MRS. MILLER: No, there is not. No easement. MR. MILLER: No. MRS. MILLER: No. HICKCOX: So these people that were riding horsebacks, etc., etc. through there were trespassing. MR. MILLER: Yes. MRS. MILLER: Yes, they were. And the former owners had to ask the Webbers, who are our neighbors, for permission to do it, and they, as being good neighbors, said yes. So we did not stop them over the years. However, when, after removing all of these macadamia nut trees and being good neighbors, we felt like we had been, done our part for being good neighbors to them, and we don’t want anybody on our property anymore for, well, for liability purposes mainly. HICKCOX: Thank you. GIFFIN: Thank you. Any other questions of the members of the public, Mr. and Mrs. Miller? Hearing none, thank you very much. MRS. MILLER: Thank you for your consideration. GIFFIN: You’re welcome. Mr. Pink, would you please come forward. Hearing the testimony of the Millers, I’m sure there are some things you would like to add. PINK: Sure. The, I did, Mr. Miller and Mrs. Miller are very nice people and they did inquire through email to me, and I did respond by saying that we have no intention of trespassing, we have no intention of permitting our guest to trespass. Their concern was that, you know, whether or not we’d be able to control that and that sort of thing. The reason that we are suggesting we use the initial hale, the one that we were describing that’s attached to the main structure with the walkway, is because it’s behind fenced property. So the ‘ohana that Mr. Miller referred to, my father is living there. He is 90; I assume that, you know, he goes before I do. But if he does, then that would vacate the residence and allow it to be utilized for this B&B. But his property is also fenced, and so access through it, you know, they would have to jump a six-foot fence in order to get into his property to do that. He and Mr. Miller have spoken; he is very aware of Mr. Miller’s feelings towards trespassing, and is very respectful of that – myself as well. And on the main structure of the home on the upper level where this second hale is, our property rises six feet above with the solid lava wall and then it rises further another five to six feet above that; so guests that were on the residence would have to breach our fence or trespass through the backyard of the home and jump off of the six-foot wall from that area into Mr. Miller’s property. I, things happen, but I can’t believe that people, you know, engaged in the B&B are generally, the guests are not going to be doing that. I think they will be interested in the gardens and the flowers and foliage and that sort of thing, but I think they are more interested in the neighborhood coffee operations that do provide 6 EXHIBIT A