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Home My WebLink AboutCOM 0452.002 1998-2000 „vv os x Virginia Goldstein Stephen K. Yamashiro 4 - Director Mayer Russell Kokubun Deputy Dir¢dnr • ~h~OI N.~ ft~~rznfg 1r~ ~ttfirttii PLANNING DEPARTMENT 25 Aupuni Stree[, Room 109 • Hilo, Ilawaii 94720-0252 (808) 961-8288 • Fax (808) 961-8742 CD J o c , ~ ~ '-1 October 27, 1999 .J Honorable James Arakaki, Chairman ~ and Members of the Hawaii County Council rv County of Hawaii `J' 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members of the Hawaii County Council: Transmitted for your information are 15 copies of the final subdivision approval, bonds and agreements for the related infra-structure improvements for the Hokulia Subdivision. This information was requested by Councilperson Nancy Pisicchio at the Public Works Committee meeting and in relation to Resolution 145-99. Sincerely, U ~ SV~"' " VIRGINIA G L STEIN Planning Director VKG:pak wpwin60\pat\hokulia Enclosures Comm. No. • ~ ~+L FYIe No. E M 1 Ref. To~rssMfd c o v N u Ref. Date ~ 2 7 1999 ~ t;r,q! w-0k- Virginia Goldstein Stepheu K. Yamashiro ~ ~6ii~,' D1Yecmr M°YO1 Russell Kokubun l'L1T1dtI~~1 I7~ 2C~2tTi PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4252 (808) 961-8288 • Fax (808) 961-8742 September 18, 1999 R. Ben Tsukazaki, Esq. Menezes, Tsukazaki, Yeh and Moore 100 Pauahi Street, Room 204 Hilo, HI 96720 Dear Mr. Tsukazaki: FINAL SUBDIVISION APPROVAL NO. 7168 SUBDIVISION AGREEMENTS AND BONDS SUBDIVIDER: 1250 OCEANSIDE PARTNERS "HOKULI'A, PHASE 1" Consolidation of TMK: 8-1-04:56 & Portion 3 And Subdivision into Lots 1 to 19, Inclusive, As shown on Sheet 1 of Revised Final Plat Map Being, also, All of Lot 6 (as shown on Sheet 1 of Revised Final Plat Map) Subdivided Into Lots 1 to 67, Inclusive and Road Lots R-1 to R-6, Inclusive, And Lots A and B (as shown on Sheet 2 of Revised Final Plat Map) Being, also, All of Lot 13 (as shown on Sheet 1 of Revised Final Plat Map) Subdivided into Lots 68 to 262, Inclusive, and Road Lots R-7 to R-29, Inclusive (as shown on Sheet 2 of Revised Final Plat Map) And Roadways and Designation of Easements at Honuaino 4, Hokukano 1&2, Kanaueue 1&2, Halekii, Keekee 1&2, Ilikahi, Kanakau 1&2, Kalukalu 1,2&3, and Onouli 1, Nolth and South Kona, Island of Hawaii, Hawaii TMK: 8-1-004:056 & Portion of 003 (SUB 98-124) Please be infol713ed that final subdivision approval for recordation is hereby granted to the revised final plat maps (Sheets 1& 2) dated September 9, 1999, as attached herewith inasmuch as the surety documents to complete construction of improvements within the subdivision have met the approval of all the listed officers. `3g~ d ~ tdarvae' R. Ben Tsukazaki, Esq. Page 2 September 18, 1999 You and the subdivider may wish to consult an attorney for the preparation of the necessary legal documents and description of the certified revised final plat maps (Sheets 1 & 2) for the purpose of recordation with the State of Hawaii, Bureau of Conveyances. Copies of the certified revised final plat maps (Sheets 1 & 2) and surety documents are enclosed. Sincerely, ,~--tyIRGINIA GOLDSTEIN Planning Director ETC:Inm SUB98124.fn1 Encs.- 2 Certified Rev.FPM (Sheets 1 & 2) Copy of Subdivision Agreements and Bonds xc: Manager, DWS Chief Engineer, DPW District Environmental Health Program Chief, DOH District Engineer, DOT PLNG-KONA w/certified Rev.FPM (Sheets 1 & 2) DPW-ENG-KONA County Treasurer w/Original Subdivision Agreements and Bonds Roy Uchida, GIS Analyst w/certified Rev.FPM (Sheets 1 & 2) Real Property Tax Division (Kona) w/certified Rev.FPM (Sheets 1 & 2) Bob Stuit, 1250 Oceanside Partners William L. Moore Robert Cunningham, LPLS, Belt Collins Hawaii SUB 4849, 5850, 6080; SMA 345, 356; USE 115; GPA 19; SLU 959(Ord. 97 35); REZ 845(Ord. 97 36), REZ 812(Ord. 96 7), REZ 765(Ord. 94 73 & Ord. 96 8); DEVELOPMENT AGREEMENT NO. 1 NOTES REI" EIPT GATE 9~zo~99 -NO_ 0303 1106 RECEIVED FROM COUNTY PLANNING DEPARTMENT ADDRESS TOTAL OF FIVE (5) BONDS SIXTY MILLION EIGHT HUNDRED FIFTY FIVE THOUSAND~0,855,000.00 FoR HOKULI'A. PHASE I-1250 OC ~I~~ S AGREIIdENTS AND BONDS N0. 3SM 959 009-014 00 BY _ " "a' _""r'~ o~se~ R®IFORM® suoo YINALSUBlllV1S1UNAYYKUVALNV. /1615 SUBDIVIDER: 12500CEANSIDEPARTNERS i "HOKULI'A, PHASE i" Subdivision Improvements Agreement & Bond #3SM 959 014 00 $34,170,000.00 Agreement for Regional Traffic Improvements & Bonds (3) #3SM 959 009 00 - $15,500,000.00 #3SM 959 010 00 - $ 9,260,000.00 #3SM 959 Ol 1 00 - $ 290,000.00 TOTAL - $25,050,000.00 Road Maintenance Agreement & Bond #3SM 959 012 00 $1,635,000.00 J~{Y OF Mq Virginia Goldstein 40---V .----W94 - - il, Director Stephen K. Yamashiro ~ a• Mgvor E. Russell Kokubun ; Deputy Director q~-Oi-M~~ ~Oit1i'~~1' II~ Mf1x2Cti PLANNING llEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (SOA) 9fi1-8742 September 17, 1999 Robert A. Stuit Director of Planning Oceanside 1250 78-6831 Alii Drive, Suite K15 Kailua-Kona, HI 96740 Dear Mr. Stuit: Ordinance No. 96-8 (REZ 765) Ordinance No. 96-7 (REZ 812) o I'r•onr- (lrPancid 1 SO This is to acknowledge receipt on September 17, 1999, of the following submittals relating to the conditions of the above referenced Ordinances. 1. Condition I -Grant of Easement and Covenants, relating to a perpetual easement for public access and recreation use of the coastline park and trails. We have reviewed and signed the document. 2. Condition Q -Declaration of Restrictive Covenant, relating to prohibiting the construction of a second dwelling unit. We have reviewed, signed and forwarded the document to the State of Hawaii Bureau of Conveyances for recordation. 3. Condition R -Fair Share Contribution requirements: checks in the amount of $741,111.85, $86,811.21, $43,952.40 and $38,006.82 for Parks, Fire, Police and Solid Waste Facilities, respectively; Park Dedication Deed for the two acre park site with a valuation of $170,000.00. We have reviewed the valuations for the Road Facilities requirements and have concurred that the amounts of $9,408,800.00 and $290,000.00 will be credited towards the Fair share contribution for those facilities. However, the proposed fair share contribution relating to Road Facilities for potential reimbursement is premature and therefore, will not be considered at [his time. • • 8 Robert A. Stuit • Oceanside 1250 Page 2 September 17, 1999 Based on the above, this is to inform you that you have complied with Conditions I, Q and R of Ordinance Nos. 96 -8 and 96 -7. Should you have any questions, please feel free to contact Alice Kawaha of this department at 961 -8288. incerely, SY VIRG*'TIA GOLD BIN Planning Director AGK/RSK:lnm f: \wpwin60 \alicewin \Istuit0l .agk Encs.- Receipts #5933, 5934, 5935 xc: Planning Department - Kona DPW - Engineering - Kona R. Ben Tsukazaki, Esq. William L. Moore Norman Hayashi Sandra Ah Ching, Sr. Account Clerk w /Check #9680 ($86,811.21), #9681 ($43,952.40), #9682 ($38,006.82) Dixie Kaetsu, Accounts Div., Finance Dept. w /Ords. 96 8 & 96 7 SUB 98 -124 • - iz~~ OlF~i~l~s'iJ~ ~f'f~'~ru~~ 7~-6~~f ~t~~ ~?~P sr~,C~s 9670 g~; dir. a~ ~Al.~' ~~f3lP~ l'e~T~i~hr~7~%~t6' ~ r ~ia0l~iTiYY 91[~n ~ ~Jy a + 1 r~n~~s m i t '93 F _ ~~~.ff^ ~ ~ ~ ~ ~iiik ~~tt 7 +I[SR(~[C~/~+~ hh ry ~ ~ ~4 ~ r ' r'p'i~t 5~Y69` ' .~_~x, . _ . _ _ _ . , e_ ~~W 1 Z 119 , , ~ ~ ~ ~ /~~D ~C~j,+IlS/O~ ff~A,~'Tr'v'~a'S ~r 4 ' . lf.3f`~S? ~7~ 4 ; d~'O y~~- O.~o. g6-> FEZ ~i;~) 1 p~ q ~ ~Tf nt ; ~h ~ l ~ ~ e ifi"" z ~ rfi AN4E~~ ~ i- ~ d V ' ~ ~ ~ ~9~~, ~ ~ 3 5 ~:s ~v ~ ~ ~ 'i r . ~ r~ , _ t"~~ ti `i~, ~ 4a!i~ib4 seta , ~ ,w`a / - DEPOSITED WITH THE h~RARTMENT aF, FLNANCE TREASURY gIVISION, .COUNTY OF HAWAII CA#~TTAL PRtIJECTS F4TND PETrIy FDND Oq APPgOPPoAYIQk - - - - - ~ - $ ~ 2~?:~ ~r DATE -SC1UR 6 $YM-=' w: o•r'~3 tsi s '3' ~ R Y , . 4 OURC~ OF. {IE0~1 ~ - - - ' - - AMOUNT - q4{}~~ 1 ~tbY!r.4t .m ht xY:i' S ~ry ::Y 1",£-i:} y x ,1. '~Y ~:1 R t - i= ' ~ ~tx i ~ { Y ~¢xRy6,ne s. qi~. e~" u v H ~k,,3~' ,.'4 # +~`a sEe., "4*?~f v r r,, n~ ~ T. ' ~.~5' vJ+ i . •,a,iT a,....i" ~';!ti~rY a :,k <'~'0~) v ~`u n.t;.~': ~ "Y~`;> ' u`s'-. ` ,s?: s< . s+ 'gym 1' ' G't~rLtPl. CIA' R` b z r ~ S?,: r'^ ":r'-•vrbal + ?.o' . D~«j- r :.`A21 a .=l"- +4~ e~~-:t.5r't" ~e~ 1 ~ (''s.-: > to - 3 ~y tpyryx~ ai'__F W r. { S iw~ .4'; 'A "TiV'f F'' r N.2.. q~N ~i,~~ ~a t^~. tY trv aF n' s s~ +t, y ~ gP " ~"a'" ~S,~z„ •w4, X.r 1 . t t c +r'r"'~ ~ Lv:aF { y2 b'~%~ R w ~ - ~ x,~a~'' w. Y" ~ s•r ~ , ~rs"~ ?x , S " r YF-`'v .4 .air . Yt `i. Sr. ~.x"' ra ~ ..p y '~;K l~:~g .>;~€~sY t't .6~1'is F,`rt ° " 4`..',/`i'~O~ r' r~~ .r~..~S-, ~t K~ . L`?;y 7" ~3 ,e~A~,+,ri+..+iv_ S, a..,.^;. }~~b~~ `Y,4~ v~f x. rm°.~+.4 °r'"- iv %4 .~,.c tF.r~~a Ej;1 vs°Sk,.b~"', yyr s» WW t _ u Y "k e ~('y}C ~fi^ v2 } p 1~1.~~"- ,x r' ,'a - x` 5 .T~i Nom, l1. ~^r~+ ~ ~.~JR: 4 9e£t4' B~i~ YfiR 4~,-~ "~e~;:; }'s Y.'9i/.Y. J y4. Wj.r Y ar}~~ [r jY, rr",. 'r< P k+ 2 ..5z tix tlrt: R. ' ~ e r ~x . .r 1 ~ 14 DePanment F~IATIA~tk$ ~ - ~ ~ i Signed ~'._,r?r '.~.r4': t - - Receipt at OeDOSIt &4Dy AekOOwlad98d'' - - "L L... J Treasurer - Y _ L A/G 10M 5/94 /{~J~, LV /G~..' LAND COURT REGULAR SYSTEM AFTER RECORDATION, RETURN BY: MAIL O PICK-UP ( ) (Total Document Pages = ) AGREEMENT (Subdivision Improvements) THIS AGREEMENT, made, executed, and delivered this ~G day of a~G~~xh, 19~ by and between 1250 OCEANSIDE PARTNERS, a Hawaii limited partnership, hereinafter called the "Subdivider," whose principal place of business and mailing address is 78-6831 Ali'i Drive, Suite K-15, Kailua-Kona, Hawaii 96740, and the COUNTY OF HAWAII, whose business and post office address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "County," through its Planning Department, Department of Public Works, and Department of Water Supply, WITNESSETH: WHEREAS, the Subdivider has undertaken to complete the construction of utilities and improvements (such as roads, drainage structures, sewer system, and potable water systems) in that certain subdivision development known as Hokuli'a Phase 1 , situated at Honuaino 4, Hokukano 1 & 2, Kanaueue 1 & 2, Halekii, Keekee 1 & 2, Ilikahi, Kanakau 1 & 2, Kalukalu 1, 2 & 3, and Onouli 1, North and South Kona, Island of Hawaii, County and State of Hawaii, identified by Tax Map Key No. 3rd Division 8-1- 004:003 on the preliminary plat map filed in the County of Hawaii Planning Department Subdivision file no. 98-124, which is referred to as "The Villages of Hokukano, Phase 1", on or before the 3151 day of December, 2001, in accordance with construction plans and specifications approved by all appropriate agencies and fiu~ther approved by the Planning Department of the County of Hawaii on the ~5 day of . L , 19~, File No. SUB 98-124, and by this reference made a part of this agreement; WHEREAS, pursuant to Section 23-81, Chapter 23, Hawaii County Code, a subdivider may secure final subdivision approval prior to completion of construction by entering into an agreement with appropriate County agencies and filing with such agencies a surety bond or other acceptable security to assure that the actual construction and installation of the required utilities and improvements will be completed as shown on approved construction drawings and specifications; WHEREAS, Subdivider and County recognize that, in the event that the final plat map is not recorded and no interest is conveyed in any lot within the subdivision subsequent to the issuance of final subdivision approval, Subdivider may request the nullification of such approval, and in the case of such nullification, the Subdivider's 2 obligations to construct and install utilities and improvements and to maintain a surety bond or other acceptable security therefor would terminate; and WHEREAS, no interest in any lot within the subject subdivision can be conveyed until the completion of applicable state and federal subdivision registration procedures. NOW, THEREFORE, IT IS HEREBY AGREED, by and between Subdivider and County, that: 1. Subdivider shall make, install, and complete all of the above-mentioned required utilities and improvements on or before the 315' day of December, 2001, in accordance with the said construction plans and specifications therefor, in accordance with the requirements and standards of the County and to the satisfaction of the Chief Engineer of the Department of Public Works, and when appropriate, to the satisfaction of the Department of Water Supply. 2. In the event Subdivider fails to complete all required improvements and utilities within the time specified hereinabove or such extension as may be mutually agreed upon in writing, or fails to timely complete or abandons the subdivision prior to final approval, or this agreement is terminated by the County for Subdivider's noncompliance with any provision contained in this agreement, the County, through its Department of Public Works, and when appropriate, the Department of Water Supply, may complete the improvements and recover the full cost and expense thereof from the Subdivider. 3. Subdivider's obligations to complete the improvements and utilities as 3 specified in this agreement shall be secured by a good and sufficient surety bond (other than personal surety), certified check, or other security acceptable to the Planning Director and approved by the Corporation Counsel, such bond or other acceptable security to be payable to the County, and when appropriate, the Department of Water Supply, and conditioned upon the faithful performance of any and all work required to be done by the Subdivider in accordance with the provisions of this agreement. Said bond or other acceptable security shall be no less than the sum of THIRTY-FOUR MILLION ONE HUNDRED SEVENTY THOUSAND AND NO/100 DOLLARS ($34,170,000.00). 4. Upon the Subdivider's request, the surety bond or other acceptable security shall be released in full or in part upon a confirmation by the County that a specific scope of work has been completed in accordance with approved plans. The County may require replacement bonds or other acceptable security to secure the performance of remaining work which is required under this agreement. The value of the replacement bonds or other acceptable security shall be based on the respective contract amounts for such work, subject to approval of the appropriate County agency. 5. Subdivider's obligations to complete the improvements and utilities as specified in this Agreement shall become unconditionally effective on either: (1) the date of the initial conveyance of any lot within the subdivision, (2) the date of recordation of the subdivision with the Bureau of Conveyances, State or Hawaii, or (3) one hundred eighty (180) days after the date of final subdivision approval, whichever is sooner. If the Subdivider determines that the subdivision will be abandoned prior to the occurrence of 4 any of the above-described events in this paragraph, Subdivider shall request in writing that final subdivision approval be rescinded and the underlying subdivision plat map be nullified. Subdivider shall include with its request the original stamped final subdivision plat map(s) and an affidavit stating that: 1. The subdivision has not been recorded with the Bureau of Conveyances, State of Hawaii; 2. There has been no sale or conveyance of title for any lot within the subject subdivision; and 3. There is no building permit for any single family dwelling structure on any agricultural-zoned lot within the subject subdivision which has been obtained after the date of final subdivision approval of the subject subdivision. Based upon its receipt of these documents, the County shall grant such request and execute a cancellation of this Agreement with Subdivider, thereby terminating Subdivider's obligations hereunder and the bond or other security which secures said obligations, provided that any rescission of the final plat map and cancellation of this agreement shall in no way excuse Subdivider from complying fully with the maximum period for securing final subdivision approval, as set in condition "C" of County of Hawaii Ordinance no. 96-8. Subdivider shall indemnify the county from all claims and liabilities which arise from the County's rescission of final subdivision approval and cancellation of this agreement, as provided herein. 5 IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the day and year first above written. 1250 OCEANSIDE PARTNERS, a Hawaii limited partnership By RED HILL 1250, INC., Its General Partner RICHARD L. HUMPHREYS Its VICE PRESIDENT "SUBDIVIDER" COUNTY O~F~nH,~A~WAII: By STEPH K. YAMASHIRO Its Mayor PLANNING DEPARTMENT By~ ~ ^ -v~-fY Planning Director U DEPARTMENT OF PUBLIC WORKS ~Y Its ief ngineer DEPARTMENT OF WATER SUPPLY 6 By Its Manager "COUNTY" APPROVED AS TO FORM~D LEG LITY: COII ORATIOIiCO I EL COUNTY O H WAII Date y ~ Y 7 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this 1o~'i'day of ~~,,,,~v , 19y9, before me, ~irn 5 Ca)es , a duly commissioned and sworn Notary Public in and for the State of Hawaii, appeared R;c{-n/d I-~whnhre`ts ~'ho, being by me duly sworn, did say that he is the vice ~Pres ~ der,} of Red Hill 1250, Inc., general partner of 1250 OCEANSIDE PARTNERS dba OCEANSIDE 1250, a Hawaii limited partnership, and that the foregoing instrument was signed in the name of and in behalf of said partnership, and said ~iL~A L __~~.--p~s acknowledged that he executed the same as his free act and deed and as the free a' ct'and deed of said partnership. In witness whereof, I have hereunto set my hand and affixed my off cial seal on the day and year ~ C4 last above written. ~~N J}~~~A _ i S ~_7W~r r cat Not Public, State of Hawaii ~ 5~. Gxle_ •~P ~9j~ GF NP, My commission expires ; ` I .3~3 x~u~~~~ 8 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this l~~day of 81~TFJYlbf1~, 19q~ before me~.IZ.21uN~.. ~.~MI a duly commissioned and sworn Notary Public in and for the State of Hawaii, personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said COUNTY OF HAWAII; that the foregoing instrument was signed and sealed on behalf of the COUNTY OF HAWAII by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said COUNTY OF HAWAII. In witness whereof, I have hereunto set my hand and affixed my official seal on the day and year last above written. [Sea1J U GSf~sr~_ l~• S~f1.1rT~' N tart' blic, State of Hawaii M co fission expires: ITuN~. Il, 2UCSC~ 9 Bond #3SM 959 014 00 ~e ~i~i ofN1 P~2l:IVliC~6t~ !°~t4~.,rr: BOI` (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENTS: That we, 1250 OCEANSIDE PAI2TNER.S, a Hawaii limited partnership, of 78- 6831 Ali'i Drive, Suite K-15, Kailua-Kona, Hawaii 96740, State of Hawaii, as principal, andAMERICAN MOTORISTS INSiTRA,NCE COMPANY, of Illinois , as surety, are held and firmly bound unto the County of Hawaii, a municipal corporation of the State of Hawaii, and/or the Department(s) of Water Supply and Public Works of said County, hereinafter called the obligees, their S~ev~en~yF~iou anlalandOno/i~~dred successors and assigns in the full and just sum of DOLLARS (534.170, ooD)tcf8r the payment of which to the said obligees, their successors and assigns, well and truly to be made, we do hereby bind ourselves and our respective heirs, executors and administrators, assigns and/or successors, jointly and severally, fumly by these presents. Sigtted, sealed, delivered, and dated this 13thday of,~nrP,- , 19gg, at State of Hawaii. TIC CONDITION OF THIS OBLIQATION IS SUCH THAT: WHEREAS, the said principal, as subdivider, has submitted for approval to the County Planning Department of the County of Hawaii copies of a preliminary plat showing the subdivision of land irnown as $okuli'a Phase 1, situated at Honuaino 4, Hokltkano 1 8t 2, Ksaaueue 1 & 2, Halekii, Keekee 1 & 2, Ilikahi, Kanakau 1 8r 2, OcraaviddHokuli'a $ond {Subdivision Improvcmcnts) August I1, 1999 DRAIrI' Kalukalu 1, 2 & 3, and Onou]i 1, North and South Kona, Island of Hawaii, County and State of Hawaii, identified by Tax Map Key No. 3rd Division 8-1-004:003; WHEREAS, the said preliminary plat has been approved by the said County Planning Department, and thereafter construction plans showing details of road construction, drainage structures, water systems, and all other utilities and improvements, proposed to be installed or constructed by the said principal within the said subdivision, have been submitted to and approved by the Planning Depactmen~ the Chief Engineer of the Department of Public Works of said County, the Manager of the Department of Water Supply of the County of Hawaii, and the Sanitary Engineer of the Departrnent of Health, Stata of Hawaii, which said construction plans aze made a part of this bond, the same as though set further herein; and WHEREAS, the above-named principal has entered into an agreement with the County of Hawaii and/or the Department(s) of Water Supply and Public Works, dated this 16th day of SePtemt~er , 1999, to complete We aforementioned improvements within said subdivision within the time therein specified, or such extension as maybe mutually agreed upon, and upon default, the County of Hawaii and/or the Department(s) of Water Supply and Public Works may cause the same to be completed and recover the costs thereof from the principal and surety, which said agreement is trade part of this bond tha same as though set forth herein; and WHEREAS, the said improvements as shown on the said construction plans to be OuansidrJHolculi'a Bond (SuUdiviaion lmprwamesirs) 2 August 11, 1999 DRAFT constructed and installed within said subdivision by the said principal, have not been completed and approved by the said County Planning Depaztrnent; and WHEREAS, the said principal has applied to the said County Planning Department for final approval of the subdivision map for recordation; NOW, 'THEREFORE, if the abovel~bounden principal shall fdu`lly anhd~ faithfutllry~do tY WG~ert~u°pplyaand1Pu~li°crWorKS~o~asaidnt(s) and perform all of the things agreed by ~oun~y to be done and performed according to the terms of said agreement and shall construct and install alI of the improvements within said subdivision in accordance with the said construction plans therefoze on or before the 31st day of I~cember, 2001 or within such time that extension as may be mutually agreed upon by obligees and principal in writing that upon the final approval of all, the said improvements by the County Planning Department, Department of Public Works, and where appropriate, the Department of Water Supply, this obligation shall be void; otherwise it shall be and remain is full force and effect- 1250 OCEANSIDE PARTNERS, AMERICAN MOTORISTS a Hawaii limited partnership INSURANCE COMPANY r By RI;D HILL 1250, INC., Its General Partnez Avid G. Jensen, o ey-In-Fact Surety ICHARD L. HUMPHREYS, ICE PRESIDENT Principal -3- l~i~m~eR. Insurance Compenlea Commercial Linea Group AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint David G. Jensen, Laura Mary Lachey its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 2001, unless sooner revoked for and on its behalf as surety, and as its act and deed: Name of Principal: 1250 Oceanside Partners BondNo.: 3SM 959 014 00 Penal Sum: $ 34,170,000.00 Name of Obligee: County of Hawaii and Impartment of Water Supply & Public Works Description: Subdivision 13ond for Hokuli'a Phase I EXCEPTION: NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authori~v does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as se forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and ampty to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at its principal office In Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 2001. This Power of Attorney, is executed byy authority of a resolution adopted by the Executive Committee of the Board of Directors of said Amencen Motorists lnsurence Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certfied to by the undersigned Secretary as being in full force and effect "VOTED, That the Chairman of the Board, the President or any Vice President, or their appointees designated in writing and filed with the Seuetary or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to author¢e $tem to execute on behalf of the Compan ,and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity andyother writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed .sealed and certified by facsimile under and by authority of the following resolution adopted by the 6cecullve Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Boarcl, the President, any Vice President or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifigtions by the Secretary, may be affixed by facsimile on anY power of attorney ar bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any, such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be a{fixed by its authorized officers, this 26th day of July , 19 93. Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY r JVV. S. Kemper, III, Exec, Vice President Robert P. Homes, Secretary NOTE: ANY ERASURES OR WHITE OUT WILL VOID THIS POWER OF ATTORNEY. • • STATE OF ILLINOIS COUNTY OF LAKE ss I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and Robert P. Hames personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. • "OFFICIAL SEAL" • • • IRENE KLEWER NOTARY PUBLIC, STATE OF ILLINOIS :My Commission Expires Jxn. 28, 2002 Irene Klewer, Notary Public My commission expires: 1 -28 -02 CERTIFICATION I, J.K Conway, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated July 26, 1993 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper III and Robert P. Names who executed the Power of Attomey as Exec. Vice President and Secretary respectively were on the date of the execution of the attached Power of Attomey the duly elected Exec. Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this 13th day of September , 19 99 J. K Conway, Corporate Secretary This Power of Attomey limits the acts of those named therein to the bonds and undertakings specifically named • therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. TO VERIFY THIS POWER OF ATTORNEY, CALL (847) 320 -2108. • FM 362 -10 5 -91 Power of Attorney - Term PRINTED IN U.S.A. AGREEMENT FOR REGIONAL TRAFFIC IMPROVEMENTS THIS AGREEMENT, made, executed, and delivered this /~~day of,S-`~-> 1999, by and between 1250 OCEANSIDE PARTNERS, hereinafter "OCEANSIDE," whose business address is 78-6831 Ali'i Drive, Suite K-15, Kailua-Kona, Hawaii 96740, and the COUNTY OF HAWAII, whose business and post office address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter "COUNTY," through its Planning Department and Department of Public Works. WITNESSETH: WHEREAS, OCEANSIDE is required to construct a bypass highway (also referred to as "Mamalahoa Highway Bypass"), and other regional traffic improvements within the approximate vicinity of Keauhou and Captain Cook, County of Hawaii, pursuant to the respective conditions of County of Hawaii Ordinance Nos. 96-7, 96-8, and 97-36, as comprehensively set forth in paragraph 13 of that certain Development Agreement which was executed by the parties effective April 20, 1998; WHEREAS, under such ordinances and provisions of that Development Agreement, OCEANSIDE is required to post a bond in favor of the COUNTY in order to assure that such regional traffic improvements will be constructed in conjunction with OCEANSIDE's construction of its subdivision (Planning Department Subdivision File No. 98-124); and WHEREAS, the parties desire that, as such regional traffic improvements are constructed, individual bonds shall be released by the COUNTY upon the COUNTY's confirmation that a particular scope of work which is secured by such individual bond has been completed. NOW, THEREFORE, IT IS HEREBY AGREED, by and between OCEANSIDE and the COUNTY, that: 1. OCEANSIDE shall construct to completion the Mamalahoa Highway Bypass and other required regional traffic improvements, scopes of work, performance schedules, and related bond amounts which are contained in Exhibit A attached hereto, and in accordance with the applicable requirements and standards of the COUNTY and to the satisfaction of the Department of Public Works. 2. In the event OCEANSIDE, after receiving all necessary development approvals and in the absence of a force majeure, fails to complete all required improvements and utilities within the respective time periods contained in Exhibit A or such extension as may be granted in writing, the COUNTY, through its Department of Public Works may complete the improvements and recover the full cost and expense thereof from OCEANSIDE. 3. OCEANSIDE's obligation to construct the improvements as specified in this agreement shall be secured by a good and sufficient surety bond (other than personal surety), certified check, or other security acceptable to the Planning Director and approved by the Corporation Counsel, such bond or other acceptable security to be payable to the County, and conditioned upon the faithful performance of any and all work required to be done by OCEANSIDE in accordance with the provisions of this agreement. Said bond or other acceptable security, whether by single or multiple 2 instruments, shall have a cumulative face value of no less than the sum of TWENTY- FIVE MILLION FIFTY THOUSAND AND NO/ DOLLARS ($25,050,000.00). 4. Upon OCEANSIDE's request, the surety bond(s) or other acceptable security shall be released by the COUNTY upon the completion of a specific scope of work which is secured by the particular surety bond or other acceptable security which is requested by OCEANSIDE to be released, subject to the COUNTY's confirmation that such work has been completed in accordance with approved plans. 5. OCEANSIDE's obligations to complete the Mamalahoa Highway Bypass as specified in this Agreement and the bond or other security which secures the obligations shall become unconditionally effective on either: (1) the date of the initial conveyance of any lot within the subdivision, (2) the date of recordation of the subdivision with the Bureau of Conveyances, State of Hawaii, or (3) one hundred eighty days (180) days after the date of final subdivision approval, whichever is sooner. If prior to the occurrence of any of the above-described events in this paragraph,, the COUNTY rescinds its final subdivision approval and nullifies the final subdivision plat map for OCEANSIDE's proposed subdivision, then the COUNTY shall execute a cancellation of this Agreement with OCEANSIDE, thereby terminating OCEANSIDE's obligations hereunder and the bond or other security which secures said obligations. 6. This agreement shall be terminable at will by OCEANSIDE if all necessary development approvals are not issued by appropriate governmental agencies for the construction of the Mamalahoa Highway Bypass and other regional traffic improvements 3 which are described herein. IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the day and year first above written. 1250 OCEANSIDE PARTNERS, a Hawaii limited partnership By RED HILL 1250, INC., Its G al Partner '1/--~ Its VIDE PRESIDENT "OCEANSIDE" COUNTY OF HAWAII: 13"y STEPH K. YAMASHIRO Its Mayor PLANNING DEPARTMENT B~ APPROVED AS TO is Planning Director FORM AND LEGA ITY: DEPARTMENT OF PUBLIC WORKS QSS BEPtlT'YC R ORA ON UNSEL COUNTY OF HAWAII acre ~~l 399' Y is Chie Engineer "COUNTY" 4 EXHIBIT A MAMALAHOA HIGHWAY BYPASS AND RELATED REGIONAL TRAFFIC IMPROVEMENTS Scopes of Work Performance Schedules and Bond Amounts Scope of Work Completion Date Bond Amount 1. Mamalahoa Highway Bypass January 2005 $15,500,000.00 Phase I (Keauhou to Haleki'i Street) 2. Mamalahoa Highway Bypass January 2005 $ 9,260,000.00 Phase II (Haleki'i Street to Napoopoo) 3. Mamalahoa Highway/Haleki'i Street January 2005 $ 290,000.00 Intersection Improvements Bond #35.. 959 009 00 h :a,31 11rl1 Pil Ll~:I w.I IVI i y..'~.. C..: ..i'a,_... (Regional Traffic Improvements) KNOW ALL MEN BY TIiESE PRESENTS: That we, 1:50 OCEA.>~tSIDE PA.RTI`'ERS, a Hawaii limited partnership, of 78- 6831 Ali'i Drive, Kailua-Kona, Suite K-15, Hawaii 96740, State of Hawaii, as principal, and A,'VIERICA.N MOTORISTS INSURANCE CO.~YIPA.1`iY, of Illinois , as surety, aze held and firmly bound unto the County of Hawaii, a municipal corporation of the Statc of Hawaii, and/or the Department(s) of Water Supply and Public Works of said County, hereinafter called the obli11gees, their successors and assigns in the full and just sum of ~i7~iousand anld1Ono/~l~J~l1re Hundred 15,500,00 DOLLARS ~r the payment of which to the said obligees, their successors and assigns, well and truly to be made, we do hereby bind ourselves and our respective heirs, executors and administrators, assigns and/or successors, jointly and severally, firmly by these presents. Signed, sealed, delivered, and dated this 13th day of September , 1948, at J State of Hawaii. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the said principal, is the developer of that certain development imown as flokuli'a Phase 1, situated at Honuaino 4, Hoktrkano 1 & 2, Kanaueue 1 & 2, Fialekii, Keekee 1 & 2, Ilikahi, Kanakau 1 & 2> Kalukalu 1, 2 & 3, and Onouli 1, North and South Kona, Island of Hawaii, County and State of Hawaii, identified by Tax Map Ocesnsidc/fiokult' a Boad (Regional T[aP:ic Imp:ovccacnss) August 11, 1999 DRAFT Key No. 3`~ Division 8-1-004:003; WHEREAS, OCEANSIDE is required to construct a bypass highway (also referred to as "Mamalahoa Highway Bypass"), and ot6.er regional traffic improvements within the approximate vicinity of Keauhou and Captain Cook, County of Hawaii, pursuant to the respective conditions of County of Hawaii Ordinance Nos. 96-7, 96-8, and 97-36, as comprehensively set forth in paragraph l3 of that certain Development Agreement which was executed by the parties effective Apri120, 1998; Wz=IEREAS, under such ordinances and provisions of that Development Agreement, OCEANSIDB is required to post a bond in favor of the COUNTY in order to assure that such regional traffic improvements will be constructed; and WHEREAS, the above-named principal has entered into that certain Agreement For Regional Traff c Improvements with the County of Hawaii through its Departments of Public Works and Water Supply, dated this 16thdyy of September , 1999, to complete the aforementioned improvements within the time periods therein specified, or such extension as may be mutually agreed upon, and upon default, the County of Hawaii through its Departments of Public Works and Water Supply may cause the same to be completed and recover the costs thereof from the principal and surety, which said agreement is made part of this bond the same as though set forth herein; NOW, THEREFORE, if the above-bounden principal shall fully and faithfully do and perform according to the terms which are set forth in said Agreement For Regional 'IYaf$c Improvements within the time periods, this obligation shall be void; otherwise it -2- shall be and remain in full force and effect. 1250 OCEANSIDE PARTNERS, AMERICAN MOTORISTS a Hawaii Limited partnership Lr'SURANCE CO1t-IPANX By RED HILL 1250, Pi IC., Its General Partner Dave G. Jense rney-In-Fact Surety R CHARD L. UMPHREYS, VI E PRESIDENT Principal -3- IC~cn~eR. insurance Campeniea Commercial Linea Group AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint - David G. Jensen, Laura Mary Lachey its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 2001, unless sooner revoked for and on its behalf as surety, and as its act and deed: Name of Principal: 1250 Oceanside Partners BondNo.: 3SM 959 009 00 Penal Sum: $ 15,500,000.00 Name of Obligee: County of Hawaii and Department of water Supply & Public Works Description: Regional Traffic Im~roverrent Bond for Hokuli'a Phase I EXCEPTION: NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as se forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists insurance Company as Frilly and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 2001. This Power of Attomey is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said Amencan Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President or any Vice President, or their appointees designated in writing and filed with the Secretary or the Secretary shad have the power and authority to appoint agants and attorneys-in-fact, and to author¢e them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity andyother wrftings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attomey is signed .sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Boarcf, the President, any Vice President or their appointees designated in writingg~and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by theSecretary, may be affixed by facsimile on anY power of attorney or bond executed pursuant to resolution adoptad by the Executive Committee of the Board of Directors on February 23, 1988 and any. such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 26th day of July , 19 93. Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY P ® ~ r ~-Yr.. J. S. Kemper, III, Exec, Vice President Robert P. Hames, Secretary NOTE: ANY ERASURES OR WHITE OUT WILL VOID THIS POWER OF ATTORNEY. • • STATE OF ILLINOIS COUNTY OF LAKE ss I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and Robert P. Names personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. • " OFFICIAL SEAL" • • IRENE KLEWER ; .,es NOTARY PUBLIC. STATE OF ILLINOIS 4 . :My Commission Expires 7.n. 2S, 2002 Irene Klewer, Notary Public My commission expires: 1 -28 -02 CERTIFICATION I, J.K Conway, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attomey dated July 26, 1993 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper III and Robert P. Hames who executed the Power of Attomey as Exec. Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Exec. Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this 13th day of September , 19 99 J. K Conway, Corporate Secretary • This Power of Attomey limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. TO VERIFY THIS POWER OF ATTORNEY, CALL (847) 320 -2108. FM 362 -10 5 -91 Power of Attomey - Term • PRINTED IN U.S.A. • Bond #35M 959 010 00 BorrD ~il~Sl'7CRM PREMIUM SULLY `€,~;JCL (Regional Traffic Improvements) KNOW ALL MEN BY THESE PRESENTS: That we, 1250 OCEANSIDE PARTNERS, a Hawaii limited partnership, of 78- 6831 Ali'i Drive, Kailua-Kona, Suite K-15, Hawaii 96740, State of Hawaii, as principal, and A,IVIERICA.N ~10TORISTS INSURANCE COlY1PA1~iY, of Illinois , as surety, are held and firmly bound unto the County of Hawaii, a municipal corporation of the State of Hawaii, and/or the Deparunent(s) of Water Supply and Public Works of said County, hereinafrer called the obligees, their successors and assigns in the fiill and just sum of ~~~£y 't'Iious°Oan~n7Oan~ no`l'Ig$o DOLLARS ($9 ~ z6o, 000 )ogor the payment of which to the said obligees, their successors and assigns, well and truly to be made, we do hereby bind ourselves and our respective heirs, executors and administrators, assigns and/or successors, jointly and severally, firmly by these presents. Signed, sealed, delivered, and dated this 13th day of September , 19 99. at J State of Hawaii. THE CONDITION OF 'T'HIS OBLIGATION IS SUCH THAT: WHEREAS, the said principal, is the developer of that certain development mown as Hokuli'a Phase 1, situated at Honuaino 4, Hokukano 1 8s 2, Kanaueue l 8c 2, Haleldi, Keekee 1 & 2, Ilikahi, Kanakau 1 & 2, Kalukalu 1, 2 & 3, and OnouIi 1, North and South Kona, Island of Hawaii, County and State of Hawaii, identified by Tax Map Occsnside/fiokuli'a Bond (Regjonal TratTic L~npmvemcnss) August 11,1999 DRAFt Key No. 3`~ Division 8-1-004:003; WHBREA3, OCEANSIDE is required to construct a bypass highway (also referred to as "Mamalahoa Highway $ypass"), and other zegional traffic improvements within the approximate vicinity of Keauhou and Captain Cook, County of Hawaii, pursuant to the respective conditions of County of Hawaii Ordinance Nos. 96-7, 96-8, and 97-36, as comprehensively set forth in paragraph l3 of that certain Development Agreement which was executed by the parties effective April 20, 1998; WHEREAS, under such ordinances and provisions of that Development Agreement, OCEANS]DH is required to post a bond in favor of the COUNTY in order to assure that such reaonal traffic improvements will be constructed; and - WHEREAS, the above-named principal has entered into that cetain Agreement For Regional Traffic Improvements with the County of Hawaii through its Deparhnents of Public Works and Water Supply, dated this 16tH day of September , 19 9~ to complete the aforementioned improvements within the time periods therein specified, or such extension as may be mutually agreed upon, and upon default, the County of Hawaii through its Depazttnents of Public Works and Water Supply may cause the same to be completed and recover the costs thereof from the principal and surety, which said agreement is made part of this bond the same as though set forth herein; NOW, THEREFORE, if the above-bounden principal shall fully and faithfully do and perform according to the terms which aza set forth in said Agreement For Rea onal ZYafSc Improvements within the time periods, this obligation shall be void; otherwise it -2- shall be and remain in full force and effect. 1250 OCEANSIDE PARTNERS, AMERICA.~I MOTORISTS a Hawaii limited partnership I1~ISURA;ti'CE COMPANY c sy RED xII.,L lzso, mac., Iu General Partner David G. Jensen, t rney-In-Fact Surety G ICHARD L. HUMPHREYS, V CE PRESIDENT Principal -3- IC'~mr~erz. Insurance Compsnlea Commercial Lines Group AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Knaw All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint - David G. Jensen, Laura Mary Lachey its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 2001, unless sooner revoked for and on its behalf as surety, and as its act and deed: Name of Principal: 1250 Oceanside Partners Bond No.: 3SM 959 010 00 penal Sum: $ 9.260,000.00 County. of Hawaii and Department of Water Supply & Public Works Name of Obligee: Description: Regional Traffic rovements Bond for Hokuli'a Phase I EXCEPTION: NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as se forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and empty to all intents and purposes, as ff the same had been duy executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 2001. This Power of Attomey is executed by authority of a resolution adopted byy the Executive Committee of the Board of Directors of said Amengn Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and Is hereby certlfied to by the undersigned Secretary as being in full force and effect "VOTED, That the Chairwn of the Board, the President or any Vice President, or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to author¢e Them to execute on behalf of the Compan ,and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity andyother writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process This Power of Attomey is signed .sealed and certfied by facsimile under and by authority of the following resolution adopted by the Executive Committee of the board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President or their appointees designated in wrifin and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be effaced by facslmlle on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any,such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 26th day of July , 19 93. Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY /~I l+/mmW J. S. Kemper, III, Exec, Vice President Robert P. Hames, Secretary NOTE: ANY ERASURES OR WHITE OUT WILL VOID THIS POWER OF ATTORNEY. • • STATE OF ILLINOIS COUNTY OF LAKE ss I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and Robert P. Hames personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. • "OFFICIAL SEAL" • • IRENE KLEWEI2 NOTARY PUBLIC, STATE OF ILLINOIS :My Commission Expires Jan. 28, 2002 Irene Klewer, Notary Public My commission expires: 1 -28 -02 CERTIFICATION I, J.K Conway, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attomey dated July 26, 1993 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper III and Robert P. Hames who executed the Power of Attomey as Exec. Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Exec. Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this i zrn day of scptembnr. , 19 J. K. Conway, Corporate Secretary This Power of Attomey limits the acts of those named therein to the bonds and undertakings specifically named • therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. TO VERIFY THIS POWER OF ATTORNEY, CALL (847) 320 -2108. FM 362 -10 5-91 • Power of Attorney - Term PRINTED IN U.S.A. Bond #3SM 959 011 00 ~i~~~"~~iVl Pj~EMIUM ~l1LLY CNt~iV~D (Regional Traffic Improvements) KNOW ALL MEN BY THESE PRESENTS: That we, 1250 OCEANSIAE PARTNERS, a Hawaii limited partnership, of 78- 6831 Ali'i Drive, Kailua-Kona, Suite K-15, Hawaii 96740, State of Hawaii, as principal, and A1VIERICAN MOTORISTS INSURANCE COMPAl`iY, of 111inois , as surety, are held and firmly bound unto the County of Hawaii, a municipal corporation of the State of Hawaii, and/or the Department(s) of Water Supply and Public Works of said County, hereinafrer called the obligees, their successors and assigns in the full and just sum of Two Hundred Ninety Thousand and ncI}i k~LARS ($290, 000.09, for the payment of which to the said obligees, their successors and assigns, well and truly to be made, we do hereby bind ourselves and our respective heirs, executors and administrators, assigns and/or successors, jointly and severally, firmly by these presents, Signed, sealed, delivered, and dated this 13thday of September 1999 at State of Hawaii. THE CONDITION OF THIS OBLIGATION IS SUCK THAT: WHEREAS, the said principal, is the developer of that certain development larown as Hokuli'a Phase 1, situated at Honuaino 4, Hokukano 1 & 2, Kanaueue 1 & 2, Haleldi, Keekee 1 & 2, Ilikahi, Kaaakau 1 & 2, Kalukalu 1, 2 & 3, and OnouIi 1, North and South Kona, Island of Hawaii, County and State of Hawaii, identified by Tax Map Oceasside/Hokuli'a Band (gegionat Traffic tmpcovemcns) August 11, 1999 DRAFT Key No. 3`a Division 8-1-004:003; WHEREAS, OCEANSIDE is required to construct a bypass highway (also referred to as "Mamalahoa Highway Bypass"), and other regional traffic improvements within the approximate vicinity of Keauhou and Captain Cook, County of Hawaii, pursuant to the respective conditions of County of Hawaii Ordinance Dios. 96-7, 96-8, and 97-36, as comprehensively set forth in paragraph 13 of that certain Development Agreement which wa< executed by the parties effective Apri120, 1998; Wl-iERBAS, under such ordinances and provisions of that Development Agreements OCEANSIDE is required to post a bond in favor of the COUNTY in order to assure that such regional traff c improvements will be constructed; and WHEREAS, the above-named principal has entered into that certain Agreement For Regional Traffic Improvements with the County of Hawaii through its Departments of Public Works and Water Supply, dated this 16thday of September , 19 99, to complete the aforementioned improvements within the time periods therein specified, or such extension as may be mutually agreed upon, end upon default, the County of Hawaii through its Depamnents of Public Works and Water Supply may cause the same to be completed and recover the costs thereof fzom the principal and surety, which said agreement is made part of this bond the same as though set forth herein; NOW, THEREFORE, if the above-bounden principal shall fully and faithfully do and perform according to the terms which are set forth in said Agreement For Regional 'TYaffic Improvements within the time periods, this obligation shall be void; otherwise it -2- shall be and remain in full force and effect. 1250 OCEAtiSIDE PARTNERS, AMERICAiV MOTORISTS a Hawaii limited partnership LV'SURANCE COMPANX r By RED HILL 1250, INC., Its General Partner David Jensen, - rney-In-Fact Surety ICHARD L. HUMPHREYS, V CE RESIDENT Principal -3• iCem~eR. Insurance Companies Commercial Linea Group AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint David G. Jensen, Laura Mary Lachey its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 2001, unless sooner revoked for and on its behalf as surety, and as its act and deed: Name of Principal: 1250 Oceanside Partners Bond No.: 3SM 959 011 00 Penal Sum: $ 290,000.00 Name of Obligee: County of Hawaii and Department of Water Supply and Public works Description: Re4ional Traffic Irrprovertents for Hokuli'a Phase I EXCEPTION: NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collecfion of any promissory note, cfineck, draft or letter of credit This authority does not pennR the same obligation to be split into two or more bonds in order to bring each such bond within fhe dollar IimR of authority as sef forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakinggs in pursuance of these presents shall be as binding upon the said. American Motorists Insurance Company as rlllly and amply to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at its principal office mn Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 2001. This Power of Attorney, is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said Amencan Motorists Insurance Company on February 2 , 1988 at Long Grove, Illinois, a true and accurate co y of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect "VOTED, That the Chairman of the Board, the President or any Vice President, or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize {hem to execute on behalf of the Compan ,and attach the seal of the Company thereoof, and any such of ~ce~rs of th^mpany~niayceappoi~nt agen~^fmo acceptath^ece o proc ss ~igatory in the nature This Power of Attorney is signed .sealed and certified byy facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by fhe Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any, such power so executed, sealed and certfied with respect to any bond or undertaking to which it is attac~med, shall continue to be valid and binding upon the Company." In Testimony Whereof the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 26th day of July , 19 93. Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY 11 Wow J. S. Kemper, III, Exec, Vice President Robert P. Hames, Secretary NOTE: ANY ERASURES OR WHITE OUT WILL VOID THIS POWER OF ATTORNEY. • • • ,. • STATE OF ILLINOIS COUNTY OF LAKE ss I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, Ill and Robert P. Names personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation • and as their own free and voluntary act for the uses and purposes therein set forth. "OFFICIAL SEAL" • IRENE KLEWER : �L„•' - �(/,��„y,l NOTARY PUBLIC. STATE OF ILLINOIS :My Commission Expires Jan. 28, 2002 Irene Klewer, Notary Public My commission expires: 1 -28 -02 CERTIFICATION I, J.K Conway, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated July 26, 1993 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper III and Robert P. Names who executed the Power of Attomey as Exec. Vice President and Secretary respectively were on the date of the execution of the attached Power of Attomey the duly elected Exec. Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this 13th day of Septpmher , 19 99 r t. Causevy J. K Conway, Corporate Secretary This Power of Attomey limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. TO VERIFY THIS POWER OF ATTORNEY, CALL (847) 320 -2108. FM 362 -10 5 -91 Power of Attomey - Term PRINTED IN U.S.A. ROAD MAINTENANCE AGREEMENT THIS AGREEMENT, made, executed, and delivered this ~G day of.~~r, 1999 by and between COUNTY OF HAWAII, whose business and post office address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter "COUNTY," through its Department of Public Works, and 1250 OCEANSIDE PARTNERS, hereinafter "OCEANSIDE," whose business address is 78-6831 Ali'i Drive, Suite K-15, Kailua-Kona, Hawaii 96740. WITNESSETH: WHEREAS, OCEANSIDE is required to construct an extension to Haleki'i Street and a new road ("Road C"), which are hereinafter together referred to as "roadways," in connection with the subdivision of that certain real property situated at Honuaino 4, Hokukano 1 & 2, Kanaueue 1 & 2, Halekii, Keekee 1 & 2, Ilikahi, Kanakau 1 & 2, Kalukalu 1, 2 & 3, and Onouli 1, North and South Kona, Island of Hawaii, County and State of Hawaii, identified by Tax Map Key No. 3`' Division 8-1-004:Parcel 56 and portion of Parcel 3 (hereinafter "Subdivision") on the preliminary plat map filed in the County of Hawaii Planning Department Subdivision file no. 98-124, which is referred to as "Hokuli'a Phase 1"; and WHEREAS, for the purposes of this Agreement, the words "roadway" and "roadways" shall mean the entire right-of--way within which vehicular traffic and other improvements will be constructed; and WHEREAS, OCEANSIDE is required to dedicate the roadway improvements to the COUNTY under Ordinance No. 96-8; and WHEREAS, the COUNTY's dedicable standards do not expressly provide for landscaping within certain portions of a roadway or for other variation in roadway facilities; and WHEREAS, in order to retain the rural character of the Subdivision, OCEANSIDE desires to construct said roadways to include landscaped areas and other facilities within the roadways, all in accordance with approved construction drawings; and WHEREAS, the County has agreed that OCEANSIDE may construct the roadways in accordance with approved construction drawings and that, as a prerequisite of dedication of the roadway improvements OCEANSIDE shall complete and formally agree to maintain such landscaping and other facilities and to secure such obligation with a good and sufficient surety bond (other than personal surety), letter of credit, or other security acceptable to the Chief Engineer of the Department of Public Works and approved by the Corporation Counsel. NOW, THEREFORE, the parties hereto agree as follows: 1. OCEANSIDE agrees to construct the roadways in accordance with approved constmction drawings. The establishment of landscaping shall be completed prior to the Department of Public Works' inspection of the roadway improvements for the acceptance of dedication of those improvements. 2. OCEANSIDE shall maintain or by recorded covenant require the association of lot owners within the Subdivision to maintain the landscaped areas and facilities within the roadways in accordance with approved construction drawings and subject to periodic inspection by the COLTNTY's Department of Public Works. Said maintenance shall include, but shall not be limited to, grass cutting, pruning of trees and shrubbery, repair and/or backfilling of any and all rutted or scoured areas, and periodic grading and landscaping of the shoulders to ensure that there is adequate drainage in the event that there is an accumulation of soil runoff within the shoulder and swale areas and within any drainage facilities. 2 3. OCEANSIDE shall further maintain any drainage system required by the County, as shown on construction plans approved by the COUNTY, until this Agreement is terminated pursuant to paragraph 5 below, after which termination, the COUNTY shall be solely responsible for the maintenance thereof, or until such time that the parties may mutually agree to be acceptable. 4. In order to secure the performance of the above maintenance obligations after the COUNTY'S acceptance of dedication of the roadways, OCEANSIDE shall tender to the COUNTY a surety bond or other security acceptable to the COUNTY, which shall be effective for a period of five (5) years after the acceptance of dedication of the roadways. The parties agree that the face value of the surety bond or other acceptable security shall be the approximate cost of converting the roadways (including costs relating to planning, design, engineering, and construction) to standards under which the COUNTY would assume the obligation of total maintenance of all of the roadway improvements in the event that OCEANSIDE defaults in its maintenance obligations. The parties agree that the face value of the surety bond or other acceptable security shalt be ONE MILLION SIX HUNDRED THIRTY-FIVE THOUSAND AND NO/100 DOLLARS ($1,635,000.00). No later than sixty (60) days prior to the end of the initial five-year period, pursuant to OCEANSIDE's written request to the COUNTY, the parties shall determine whether such security should be renewed to secure OCEANSIDE's ongoing maintenance obligations or whether there are other assurances available to secure Oceanside's long-term maintenance obligations. If it is determined that further security is required to secure the maintenance obligations, the face value of such security shall be based on a revised cost estimate which reflects current costs and shall be subject to the approval of the Department of Public Works. 3 5. In the event that OCEANSIDE elects to construct the roadways in accordance with dedicable standards meeting with the approval of the Department of Public Works, then, in such event, this Agreement shall be without further force and effect, and OCEANSIDE shall have no further obligation hereunder. 6. OCEANSIDE may, from time to time, provide the COUNTY with alternative forms of security which are acceptable to the COUNTY in securing OCEANSIDE's performance of its obligations under this Agreement. 7. OCEANSIDE shall have the right to sell, assign or transfer, in whole or in part, this Agreement, and all of its rights, duties and obligations hereunder, to any entity, subsidiary, or partner of OCEANSIDE at any time during the term of this Agreement upon written notice to the COiJNTY. 8. OCEANSIDE shall indemnify, defend and hold the COUNTY harmless from and against any and all actions, suits, losses, costs, damages, liabilities or claims thereof, including attorneys' fees, arising out of or in connection with any action by OCEANSIDE, its agents, representatives, or employees within the scope of the design and construction of facilities and maintenance duties under this Agreement. 9. This Agreement may be amended or canceled, in whole or in part, by the mutual written consent of the parties to this Agreement, or their successors in interest. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. 1250 OCEANSIDE PARTNERS, a Hawaii limited partnership By RED HILL 1250, INC., Its General Partner ~ ~ y RI('HQRD I HIIMPHRFYS Its VICE PRESIDENT "OCEANSIDE" COUNTY OF HAWAII: y STEPH K. YAMASHIRO Its Mayor APPROVED AS TO FORM AND LEGALITY: DEPARTMENT OF PUBLIC WORKS Q ~T, gEpt}W CO PORATI~ CO EL COUNN OF HAWAII y 9/~~/~,~ Its hief En ineer Date--~ <`COUNTY" 5 Bond #3SM ! 012 00 FIRST' TERM PtZI~UM F(7LLY EARNED BOND (Road Maintenance) KNOW ALL MEN BY THESE PRESENTS: That we, 1250 OCEANSIDE PARTNERS, a Hawaii limited partnership, of 78-6831 Ali'i Drive, Kailua-Kona, Suite K-15, Hawaii 96740, State of Hawaii, as principal, and AMERICAN MOTORISTS L°1SLTRAVCE COMPANY, of I~'S1O~ , as surety, arc held and firmly bound unto the County of Hawaii, a municipal corporation of the State of Hawaii, and its Department of Public Works, hereinafter called the "obligees," their successors and assigns in the full and just sum of ONE MILLION SIX HUNDRED THIRTY-FIVE THOUSAND AND NO/100 DOLLARS (51,635,000.00 for the payment of which to the said obligees, their successors and assigns, well and truly to be made, we do hereby bind ourselves and our respective heirs, executors and administrators, assigns and/or successors, jointly and several]y, fimly by these presents. Signed, sealed, delivered, and dated this 15th day of September, 1999. at Honolulu ,State of THE CONDITIOI OF THIS OBLIGATION' IS SUCH THAT: WHEREAS, the said principal, is the developer of that certain development known as Hokuli'a Phase 1, situated at Honuaino 4, Hokukano 1 & 2, Kanaueue 1 & 2, Halekii, .Keekee 1 & 2, Ilikahi, Kanakau 1 & 2, Kalukalu 1, 2 & 3, and Onouli 1, North and South Kona, Island of Hawaii, County and State of Hawaii, identified by Tax Map Key No. 3`~ Division 8-1-004:003; WHEREAS, the above-named principal and the obligees have entered into that certain Road Maintenance Agreement, dated the 16th day of September. ]999. to construct and maintain landscaped areas and other facilities within road rights-of--way in the event such rights-of--way and improvements therein are accepted for dedication to the Counry of Hawaii, and upon the principal's default thereupon, the obligees may convert all necessary road right-of--way improvements to dedicable standards and recover the costs thereof from the principal and surety, which said agreement is made part of this bond the same as though set forth herein; NOW, THEREFORE, if the above-bounden principal shall fully and faithfully do and perfozm according to the terms which are set forth in said Road Maintenance Agreematt, this obligation shall be void; otherwise it shall be and remain in full force and effect. t250 OCEANSIDE PARTNERS, AMERICAN MOTORISTS a Hawaii limited partnership Iti'SURANCE COMPA\Y By RED HILL 1250, L~iC., - Its eneral Partner By John N. Bustard SUr Attorney-in-Fact By RI CHARD L. HUMPHREYS its VTr PR s nEjyT _ Principal 2 IC~m~~rz. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbertnens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois, (hereinafter collectively refehed to as the "Company") do hereby appoint H. C. King, Jack S. Wilmoth, John N. Bustard, Paul R. Botts, Brad Wagenaar, Wesley I. Uemoto, Kathy Ann Sakuma, Maria Morales Minkel and Dorothy S. Albano of Honolulu, Hawaii (EACH)"' their true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authodty does not permit the same obligation to be split into two or more bonds in order to bring each such bond within Ne dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regulady elected officers at their principal office in Lony Grove, Illinois. Phis Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on FeDniary 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the u,rdersigned Secretary as being in full face and effect: VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authodty to appoint agents and attorneys-in-fact, and to authorize them to exewte on behalf of bre Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other wdtings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executve Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: VOTED, That Ne signature of the Chairman of Ne Board, the President, any Vce President, or their appointees designated in wn8ng and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifiwtlons by the Seuetary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any Dond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.' In Testimony Whereof, the Company has qused this instrument to be signed and their corporate seals to be affixed by their authodzed officers. this May 5, 1999. Attested and CerLfied: Lumbennens Mutual Casualty Company Amedpn Motorists Insurance Company American Manufacturers Mutual Insurance Company >fe r _r tettaun y 3 a n~u.eTMSe ~ ^ ,r¦o ; feu S-~. ~L.~ X+.~e a.r~ s~ 0/1C4.L f! ~'y a,.~` ~"••v aa~ ~e aM' vv Robert P. Homes, Secretary by J. S. Kemper, III, Exec. Vice President State of Hawaii ) ) ss City and County of k#enekflu ) On this day of se(3Serv.,~C~ 19 99 ,before me personally appeared ~ ~ rc~ ~ r S la member of the co-partnership of ~~SO a-~~Snle P~~ erS by R~ -~-~~~1 ~~j(7 SQL. to me known and known to me to be the person who is described in and who executed the foregoing instrument, and acknowledged to me that he executed the same as and for the act and deed of the said co-partnership. ~Nllllllfl////I ~o~'~''~4•'~ . ~ ~Se ~,k ~c~r~ S • Ca-~f S ~ Notary Public, State of Hawaii GtPa My commission expires: ~td~~ t3~a~3 q~ ~ Np~ State of Hawaii ) ss City and County of Honolulu ) On this 16th day of Seatember, 1999, before me personally appeared John N. Bustard, to me personally known, who, being by me duly sworn, did say that he is the attorney-in-fact of American Motorists Insurance Company, duly appointed under a power of attorney which is now in full force and effect; and that said instrument was executed in the name and behalf of said corporation by said John N. Bustard as its attorney-in-fact, and he acknowledged said instrument to be the free act and deed of said corporation. ,y.~ fig', /Q V6~ WI OII athy Ai n Sakuma I.s. Notary ublic, State of Hawaii My commission expires: 2/5/2001