HomeMy WebLinkAbout2026-01-28 Response from the Landowner; Deed; Contract Agreement DeVera, Ashley
From: Flying Shark <flyingshark133@gmail.com>
Sent: Wednesday, January 28, 2026 7:02 AM
To: Planning Board of Appeals
Subject: Re: TRADE WINDS PRODUCTIONS, INC. (PL-BOA-2026-000128) New Petition and
Acknowledgement Letter
Attachments: RECORDED DEED 2025.pdf; Temptation Island 7_ Eric Stiles Property_Outrigger
House - Main Location Agreement.docx.pdf
Aloha:
Although I did not own the property at the time of the violation, nor was I a party to the contract with
Tradewinds, I appreciate being notified of this. It does disturb me that they did this, and if I contract with
them again this year, I'll make sure they understand their agreement and the need to protect Hawaii's
ecology, with no exceptions.
I've attached the contract between the previous owner's representative and Tradewinds, as well as my
deed showing that I took ownership of the property on Nov. 15, 2025.
Feel free to contact me if you have any questions or concerns.
Mahalo Nui Loa,
Christopher Hall
Owner, Flying Shark, LLC
803-431-1632
On Tue, Jan 27, 2026 at 8:01 PM Planning Board of Appeals <boardofappeals@hawaiicounty.gov>wrote:
Aloha Parties and Board Members (bcc),
Please see attached Acknowledgement Letter for TRADE WINDS PRODUCTIONS, INC. (PL-BOA-2026-000128).
Link to entire file: PL-BOA-2026-000128
No hard copy to follow.
Inalnato,,
1
Board of Appeals Staff
Main Line: 808-961-8288
Email: boardofappeals@hawaiicounty.gov
2
_E OF "a- STATE OF HAWAII
`P 1959 ' BUREAU OF CONVEYANCES
RECORDED
, `>U�;( November 20, 2025 8:01 AM
:Clk#14". Doc No(s)A 9455000253
Doc 3 of 5 /s/MIKE H.IMANAKA
Pkg 12636129 SKC REGISTRAR
Conveyance Tax:$99,000.00
Return by mail(X)pick-up( )
Flying Shark, LLC411111:1 RS 3
5864 Savona Ter NXHI-0566232
Fort Mill, SC 29708 This document has 7 pages
Tax Map Key No.: 3/7-8-012-002
WARRANTY DEED
(subject to"As Is" condition)
THIS WARRANTY DEED (subject to "As Is" condition) is dated
November 15, 2025 . NOUVEAUX KAILUA KONA LLC, a Florida limited liability
company, of Saint Augustine, Florida,hereinafter called the "Grantor", in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration to the Grantor paid by FLYING
SHARK, LLC, a South Carolina limited liability company, whose address is 5864 Savona Ter,
Fort Mill, South Carolina 29708, hereinafter called the "Grantee", the receipt of which is
acknowledged, grants and conveys unto the Grantee, as tenant in severalty, the property described in
the attached Exhibit "A", hereinafter called the "property".
AND the reversions, remainders, rents, issues and profits and all of the estate, right, title and
interest of the Grantor,both at law and in equity, in and to the property.
TO HAVE AND TO HOLD the property, including the improvements thereon, and all rights,
easements, privileges and appurtenances belonging or appertaining to or held and enjoyed with the
property, unto the Grantee according to the tenancy set forth herein, forever.
Prepared by Robert Y. Nakaroto, Jr., Esq.
Grantee acknowledges that the property described in said Exhibit "A" is being conveyed "AS IS"
with the knowledge of the conditions disclosed by Grantor and/or discovered during inspection(s) of
said property. Grantee understands and agrees that all land and improvements (including but not limited
to the roof, walls, foundations, soils, plumbing, electrical and mechanical systems, etc.), real property,
and personal property (if any) are being conveyed in their existing "AS IS" CONDITION WITHOUT
WARRANTY OR REPRESENTATIONS, EXPRESSED OR IMPLIED. Grantee hereby accepts said
property in its "AS IS" condition.
The Grantor covenants with the Grantee that the Grantor is lawfully seised in fee simple of the
property and has good right to sell and convey the property; that the property is free and clear of all
encumbrances except as set forth herein and except for the lien of real property taxes not yet required by
law to be paid; and that the Grantor will warrant and defend the property unto the Grantee against the
lawful claims and demands of all persons, except as aforesaid.
This instrument and the covenants of the Grantor shall be binding upon the Grantor and inure to
the benefit of the Grantee. The terms "Grantor" and "Grantee" as and when used herein, or any
pronouns used in place thereof, shall mean and include the singular or plural number, individuals,
partnerships, trustees and corporations, and each of their respective heirs, personal representatives,
successors in interest and assigns. All covenants and obligations undertaken by two or more persons
shall be deemed to be joint and several.
THE PARTIES agree that this instrument may be executed in counterparts, each of which shall
be deemed an original, and said counterparts shall together constitute one and the same agreement,
binding all parties. For all purposes, including, without limitation, recordation, filing and delivery of
this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded
and the remaining pages assembled as one document.
2
IN WITNESS WHEREOF, the Grantor and Grantee have executed this instrument.
NOUVEAUX KAII,I'A KONA LLC, a
Florida limited ha ility company
By ;
JONA 'ItAN NEW Is: NIt nager
B�� ------
LNEW
Its: Manager
Grantor
State of Florida )
County of ST F... a1nv‘.,_ _ ) SS.
On &otJ x X 1S-,,GPI before me personally appeared JONATHAN NEW and
JILL NEW, to me personally known, who, being by me duly sworn or affirmed, did say that they are
the Managers of NOUVEAUX KAILUA KONA LLC, a Florida limited liability company, and that
the instrument was signed on behalf of the limited liability company, and JONATHAN NEW and JILL
NEW acknowledged the instrument to be the free act and deed of e limited liability company.
.... aim
�a.� a�.l
..,,..,r,,, otary •ignature ig
OINAMARIEANTHORY Type or rint name: ,haw .r�C.
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'R 1AYCOMMISSI(NI_II HH27720 No • ublic, State of Florida
v Q= 11,2026
' XPIRES'February My commission expires: j-...�t 6 I I,
_._..
3
FLYING SHARK,LLC, a South Carolina
limited liability company
7 /jj�+
CHRISTOPHER STERLING HALL
Its: Member
Grantee
State of South Carolina )
County of York ) SS.
On ,„ ar IC- 0 7-5 , before me personally appeared CHRISTOPHER
STERLING HALL, to me personally known, who, being by me duly sworn or affirmed, did say that he
is the Member of FLYING SHARK, LLC, a South Carolina limited liability company, and that the
instrument was signed on behalf of the limited liability company, and CHRISTOPHER STERLING
HALL acknowledged the instrument to be the free act and deed of the limited liability company.
'`‘ SAHHAII/ `, n k - v�
c��
�N
•... ..• Notary signature
NOTARY Type or print name: Li Et
PUBLIC = Notary Public, State of South Carolina
- My Comm ExP. z; My commission expires: ;a . 0( • d r
Fen t.2031
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4
Exhibit "A"
All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal
Patent Number 7844, Land Commission Award Number 7715, Apana 12 to Lota Kamehameha; and
Land Commission Award Number 5785, Apana 2 to Keahualaaumoku) situate, lying and being
approximately 5 feet northerly of Ehukai Street at Keauhou 2nd, North Kona. Island and County of
Hawaii, State of Hawaii, being Lot 17-A-1, being the whole of Lots 17-A and 17-B and thus bounded
and described as per survey dated January 7, 1998:
Beginning at the southwesterly corner of this parcel of land, being also the southeasterly corner of Lot
E-1 and being a point on the northerly side of Ehukai Street, the coordinates of said point of beginning
referred to Government survey Triangulation Station "KEAUHOU COAST" being 2,237.96 feet north
and 1,002.05 feet east and running by azimuths measured clockwise from true South:
1. 159° 34' 171.34 feet along Lots E-1 and E-2 and along the
remainder of Royal Patent 7844, Land Commission
Award 7715, Apana 12 to Lota Kamehameha to a
point;
2. 162° 19' 30" 80.06 feet along Royal Patent 7044, Land Commission
Award 7366, Apana 2 to Kukahi to a point;
Thence for the next two (2) courses following along
the upper reaches of the wash of the waves as
evidenced by the vegetation or debris line as
recertified on July 11, 1997, in all its meanderings,
the direct azimuths and distances being:
3. 236° 21' 86.85 feet to a point;
4. 270° 20' 97.81 feet to a point;
5. 352° 02' 104.26 feet along Lots 16, along the remainder of Royal
Patent 7844, Land Commission Award 7715, Apana
12 to Lota Kamehameha and along Royal Patent
6816, Land Commission Award 9698, Apana 1 to
Kapela I to a point;
6. 347° 15' 135.90 feet along Lot 15-A-1 and along the remainder of
Royal Patent 7844, Land Commission Award 7715,
Apana 12 to Lota Kamehameha to a point;
7. 69° 34' 139.18 feet along Lot 15-A-2-B and along the remainder of
Royal Patent 7844, Land Commission Award 7715,
Apana 12 to Lota Kamehameha to the point of
beginning and containing an area of 39,030 square
feet, more or less.
5
Together with a non-exclusive right-of-way for all reasonable purposes over and across the following
premises:
(1) That portion of Lot 15-A-2-B, Keauhou Beach Section, described as follows:
Beginning at a pipe in concrete at the west corner of this easement, the southwest corner of Lot 15-A-2-
A, the coordinates of said point of beginning referred to Government Survey Triangulation Station
"Keauhou Coast" being 2,237.96 feet north and 1,002.05 feet east and running thence by azimuth
measured clockwise from true South:
1. 249° 34' 00" 20.00 feet along Lot 15-A-2-;
2. 339° 34' 00" 6.68 feet along portion of Lot 15-A-2-B;
3. 88° 02' 10" 21.09 feet along Bishop Estate land to the point of
beginning and containing an area of 67 square feet,
more or less.
(2) That portion of the private roadway (30-feet wide) extending from the west corner of said Lot
15-A-2-B to Alii Drive; provided, however, that Grantors shall, from time to time, have the right to
substitute for said right-of-way other rights-of-way from said Lot 15-A-2-A to Alii Drive, such other
rights-of-way to be equal to or better than the right-of-way herein granted; provided, further, that in the
even any such right-of-way shall be dedicated or surrendered to public use for road purposes as provided
by law, all rights therein of the Grantee shall thereupon cease and determine.
Being all of the property conveyed by WARRANTY DEED dated August 17, 2024, recorded as
Document No. A-9001000543, by HOKUKANO RANCH, INC., a Hawaii corporation, as Grantor, to
NOUVEAUX KAILUA KONA LLC, a Florida limited liability company, as Tenant in Severalty, as
Grantee.
Subject to the following:
1. Reservation in favor of the State of Hawaii of all mineral and metallic mines.
2. Shoreline setbacks: "Shorelines setbacks established pursuant to the laws of the State of Hawaii,
or any political subdivision thereof, and any ordinances, rules or regulations adopted or
promulgated by any governmental authority pursuant to such laws."
3. Seaward boundary: "Determination of the seaward boundary of the land described herein
pursuant to the laws of the State of Hawaii."
4. Issuance of a Patent on Land Commission Award Number 5785, Apana 2 to Keahualaaumoku.
5. Flood inundation (Zones AE and VE) as shown on survey map, dated April 17, 1990, revised
July 19, 1990 and April 30, 1992.
6. The following item(s), as shown on the survey map prepared by Chrystal T. Yamasaki, Licensed
Professional Land Surveyor No. 4331, dated January 18, 2021:
6
5. The concrete driveway from Ehukai Street crosses over Lot 15-A-2-B. Existing Road
Easement in favor of Lot 17-A-1 encompasses the Westerly portion of the driveway.
6. The concrete wall by the column in the middle of the concrete driveway extends over the
property line and into Lot 15-A-2-B with portions of the wall in the easement and a
portion of the wall beyond the easement. The column is wholly on the subject property.
7. The CRM wall along the Easterly portion of the Southerly property line is mostly on the
subject property. The Easterly end of the wall continues in a Northeasterly direction and
is into the adjoining property Lot 15-A-1 up to 3.6 feet.
12. The stonewall (dry-stack) along the Northerly portion of the Easterly property line
straddles the property line and is in subject and adjoining property(TMK: 3/7-8-012:004)
from 0.1 feet to 1.8 feet from the Southerly end of this section of wall there is concrete
footing that extends into the adjoining property (TMK: 3/7-8-012:004) from 1.3 feet to
1.0 feet. The fence is 0.5 feet onto the adjoining property.
13. The next short section of wall is mostly on the subject property with the Northeasterly
corner being 0.6 feet into the adjoining property (TMK: 3/7-8-012:004) and the
Southeasterly corner being 0.8 feet into the adjoining property (TMK: 3/7-8-012:004).
The CRM retaining wall begins just north of the flagstone walkway and is into the
adjoining propel ties (TMK: 3/7-8-012:004 and 098) by varying amounts and the fence
continues to be in the adjoining property. As the wall passes the hot tub it is then up to
1.0 feet into the adjoining property with the footings for the fence also being into the
adjoining property by varying amounts. This section of wall ends just south of the hot tub
near the electrical box. The wall makes an angle to the east and is then up to 1.2 feet into
the adjoining property.
14. As the fence passes by the electrical box it is from 0.5 feet to 0.3 feet into the adjoining
property (TMK: 3/7-8-012:098). As it passes the Southerly end of the pool the fence and
the footings are wholly on the subject property. As the fence continues in a Southerly
direction the fence is wholly on the subject property with the footings being from 0.2 feet
to 0.6 feet onto the adjoining property (TMK: 3/7-8-012:098). The fence terminates near
the Southeasterly corner of the CRM wall that runs along the Southerly property line.
TOGETHER ALSO WITH all built-in furniture, attached existing fixtures, built-in appliances, electrical
and/or gas and plumbing fixtures, attached carpeting, split air conditioner, cable TV outlet, ceiling fan,
cooktop, dishwasher, disposal, dryer, existing window coverings, irrigation system, microwave, oven,
pool equipment (all), refrigerator, smoke detector, solar water heating system and washer, presently
situate in or used in connection with the residence located upon the above described real property.
End of Exhibit"A"
7
Docusign Envelope ID: FD616E7E-3155-4C4C-A06A-ACFDO1 F6FF28
LOCATION CONTRACT ("Agreement")
ERIC STILES ("Owner") is the owner of and/or controls all rights with respect to the property that is the
subject of this contract (the "Property"). Owner hereby grants permission to Trade Winds Productions
and its employees, agents, contractors and suppliers ("Producer") to enter upon and use the Property
located at: 78-133 Ehukai Street, Keauhou, Hawaii, identified by Tax Map Key No. (3) 7-8-012-002,
including, without limitation, the House, Garage(s) and "Grounds" (collectively, the "Property"), from
August 5, 2025 through September 22, 2025 (the "Term")for the purpose of photographing, filming and
recording (including, without limitation, sound recording) certain scenes for use in and in connection
with the reality-based television program currently entitled "Temptation Island" (the "Program") and
for any additional uses as described below. Producer shall have the option ("Option") to extend the
Term through September 25, 2025 ("Extended Term", the Term, as it may be extended by the Extended
Term (if any) shall hereinafter be referred to as the "Term". The Term may be amended or further
extended if agreed to in writing by the parties. Owner acknowledges that the possession date is critical
to Producer and that if Owner is unable to grant possession of the Property to Producer on such date,
Producer shall have the right to cancel this Agreement by providing Owner with written notice of such
cancellation at any time after the date that Owner was to grant possession of the Property to Producer.
Further, Owner acknowledges that Producer is proceeding in reliance on Owner's representations and
warranties hereunder, and Producer shall have the right to cancel this Agreement by providing Owner
with written notice of such cancellation in connection with any uncured material breach of this
Agreement by Owner. Any such cancellation notice delivered to Owner shall be effective, regardless
of whether Owner subsequently (either before or after receipt of such notice) attempts to grant
possession of the Property to Producer, unless Producer is willing to accept such possession
subsequently granted.
Pre/Post-Term Access to the Property: Owner acknowledges that Producer shall conduct
a "Tech Scout" of the Property on a date to be determined by the parties (the parties agree that such
date shall be scheduled prior to the Term). Owner shall not charge a fee for the Tech Scout. In addition,
Owner acknowledges that Producer shall conduct an inspection of the Property, during the Tech Scout
or at another mutually agreed-upon time prior to the Term, and prepare a condition report for the
Property ("Condition Report") outlining any damages and/or other property conditions for which
Producer shall not be responsible and shall be excluded from Producer's Agreement to Repair (as
defined below), provided however the parties agree that the Condition Report will not be an exhaustive
list of potential exclusions (e.g., the parties acknowledge that there could be latent defects on the
Property that could not have been discovered by a reasonable inspection). Owner shall have 48 hours
to review and respond to the Condition Report. If Owner does not respond within 48 hours, the
Condition Report shall be deemed accepted by the parties. Except for the representations and
warranties made by Owner in this Agreement, Owner specifically makes no other representations or
warranties to Producer regarding the suitability or use of the Property for any particular purpose,
including but not limited to, Producer's use thereof as a "home base" for the Program. Owner agrees
that, if and as necessary, Producer will have reasonable access to the Property after the Term, at
mutually agreed upon times, to address any final repairs (if any) on the Property, and that no additional
charge will be incurred by virtue of Producer or Producer's agent being on the Property at such times.
In full consideration for all the rights granted to Producer under this Agreement, Producer
shall pay to Owner a location fee for use of the Property hereby deemed to be for a total of 49 days for
a total location fee ("Location Fee") of One Hundred Seventy-Three Thousand Three Hundred Sixty-
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Two Dollars ($173,362) (Producer shall have the option to extend for up to an additional 3 days if
needed for restoration of the Property), inclusive of all taxes (including the state of Hawaii general
excise tax ["GE Tax"] and Hawaii Transient Accommodations tax ["TA Tax"]), payable as follows:
-On or before June 15, 2025, the refundable damage deposit of Twenty-Five Thousand Dollars
($25,000) ("Damage Deposit").
-On or before July 1 , 2025, a payment of Forty-Three Thousand Three Hundred Forty Dollars
and 50/100 ($43,340.50).
-On or before July 15, 2025, a payment of Eighty-Six Thousand Six Hundred Eighty-One
Dollars ($86,681).
-On or before August 1 , 2025, a payment of Forty-Three Thousand Three Hundred Forty Dollars
and 50/100 ($43,340.50).
In the event the parties mutually agree to extend the Term, Owner will be paid a daily fee
inclusive of all taxes (including the GE Tax and TA Tax) of Three Thousand Five Hundred
Thirty-Eight Dollars ($3,538) per day.
The Location Fee is inclusive of any and all labor, materials and/or other costs associated
with: (i) prepping the Property for Producer pursuant to the Tech Scout; and/or (ii) regular
maintenance of the Property (e.g., landscaping, gardening, pool maintenance, etc.
In the event of damages directly caused by Producer during the Term, Producer agrees to
make all reasonably necessary repairs to restore the damaged areas of the Property to their
original condition as of the possession dates of the Property set forth herein, reasonable
wear and tear from the normal and customary use of the Property excluded ("Agreement to
Repair"). Producer's Agreement to Repair shall be limited to the specific damaged areas of
the Property (by way of example only, if Producer directly caused damage to a section of
the Property floor, Producer shall only be required to return that damaged section of the floor
back to its original condition (including its appearance in relation to the flooring in the general
area of the section damaged) and shall not be required to replace and/or restore the floor in
the entire Property). Producer's Agreement to Repair shall be in accordance with the
following: The parties agree to conduct a "walk-through" of the Property (which may be
videotaped and/or photographed by Producer at Producer's discretion) upon Producer's
arrival, and a detailed report of the Property's condition on the possession date shall be
prepared by Producer outlining any damages and/or other property conditions for which
Producer shall not be responsible and shall be excluded from Producer's Agreement to
Repair; such report shall serve as an addendum to the Condition Report, provided however
the parties agree that the addendum shall not be an exhaustive list of potential exclusions
(e.g., the parties acknowledge that there could be latent defects on the Property that could
not have been discovered by a reasonable inspection). The parties shall conduct a second
"walk-through" of the Property at the expiration of the Term, and at that time Producer and
Owner will mutually determine, in reasonable good faith, whether any damage has been
done to the Property by Producer. Upon completion of the second "walk-through," Producer
will prepare a report ("Post-Term Report") specifying any and all repairs that Producer
agrees to perform, and Producer will submit the Post-Term Report to Owner, and upon
Owner's review, revision and approval such report shall be final and binding (i.e. the parties
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may not amend the Post-Term Report unless both parties mutually agree in writing). If the
parties determine that any repairs are necessary, within five (5) business days of a mutually
agreed upon Post-Term Report, the parties must mutually agree in writing and prior to the
commencement of any repairs) on the vendors contracted to perform the repairs and all
costs associated with the repairs (including allowing Producer to effect such repairs or to
engage and/or pay such vendors directly to effect such repairs). If any emergency repair
must be made, Owner shall attempt to receive the written approval of Producer prior to
commencement of the repair, but if provided a reasonable time for approval (given the
emergency) Owner is unable to receive Producers approval, Owner may make the repair
and if caused by Producer, Producer will be responsible for the cost. For the purposes of
clarification herein, Owner agrees to schedule entry to the Property (such as for
maintenance, services, or periodic repair), with least seventy-two (72) hours' advance notice
to Producer (reducible in the event of an emergency, as set forth above). If Owner or any
authorized representative thereof, after giving Producer such seventy-two (72) hours'
advance notice, and Producer has not responded to Owner within the foregoing period,
Owner will be permitted access to the Property for such maintenance, services, or periodic
repair if Producer has not otherwise granted or agreed to a time of access. Owner will
coordinate any such maintenance, service and/or periodic to the Property so as to minimize
any disruption to the production and/or filming activities for the Program.
Owner shall not be liable to Producer for any damage arising from any acts or neglect of
other persons.
The Damage Deposit set forth above will be put into an escrow account with a company to
be mutually approved by the parties and any disbursement of funds from such escrow
account must also be mutually approved by the parties. The Damage Deposit will apply
towards Producer's Agreement to Repair. Any balance remaining will be returned to
Producer within five (5) business days of Producer satisfying its Agreement to Repair.
Producer agrees to use reasonable care to prevent damage to the Property and will
indemnify and hold Owner harmless from any claims and demands arising out of or based
upon personal injuries or property damage resulting from the negligence or willful
misconduct of Producer, its officers, employees, agents or representatives while Producer
is engaged in the aforementioned use of the Property. Producer will keep the Property
reasonably clean and free from rubbish, and will deposit all trash and garbage within the
Property, as reasonably directed by Owner (Producer will be responsible for all costs
associated with extraordinary (but not ordinary) trash and garbage pickup services, as
reasonably determined by Owner. Producer shall not place upon the Property any signs or
placards without the prior written consent of the Owner. Producer will use reasonable care
to avoid causing annoyance to properties adjacent to or nearby the Property.
During the Term of this Agreement, Producer will maintain the types and kinds of insurance
in the minimum coverage amounts (and maximum deductibles) more fully described in
Exhibit A, attached hereto and incorporated herein. Producer's insurance will name Owner
as an additional insured.
Prior to Producer's use of the Property, Producer will be responsible, at its own cost, to apply
for and obtain all legally necessary permits required for Producer's permitted uses for the
production and filming of the Program at the Property, excluding any legally necessary
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permits which Owner is required to have as the lessor of the Property. Each of Owner and
Producer will be responsible for complying with the terms and conditions of any such permit,
as well as with all applicable laws and regulations which may apply to, as applicable,
Producer's permitted uses and activities at the Property or Owner's rental of the Property.
Producer shall indemnify Owner from and against any and all actions, suits, losses, costs,
damages, liabilities or claims thereof, including reasonable outside attorneys' fees, arising
out of or in connection with Producer's failure to comply with such permits and applicable
laws. Similarly, Owner shall indemnify Producer from and against any and all actions, suits,
losses, costs, damages, liabilities or claims thereof, including reasonable outside attorneys'
fees, arising out of or in connection with Owner's failure to comply with such permits and
applicable laws.
At Owner's sole expense, Owner is responsible for ensuring that all normal maintenance to
the Property (e.g. lawn, landscaping and pool maintenance) continues during the Term, and
Owner will indemnify and hold Producer harmless from any damage resulting from
neglecting said maintenance. Owner agrees to coordinate with Producer as to the
scheduling of such maintenance to accommodate Producer's filming schedule. At
Producer's sole expense, Producer is responsible for any additional lawn care, irrigation
system adjustments, and any above normal service for the pool and any pool related
mechanical system.
Electrical, water, sewer and gas services (collectively, "Utilities") shall be in good working
order at the start of the Term and shall be provided to the Property during the Term and
Producer shall pay to Owner the flat, all-inclusive sum of Six Thousand Dollars ($6,000) per
month for the month of August, 2025 and the month of September, 2025. Owner agrees the
septic tank shall be fully-serviced prior to the start of the Term; provided, however, that
Owner may alternatively provide satisfactory (in Producer's sole reasonable discretion)
written evidence of recent septic tank service. Owner shall not be liable in damages or
otherwise for any failure or interruption of any utility service, unless caused by any acts or
neglect by Owner.
Producer will have exclusive use of the Property on a 24-hour per day, 7-day per week basis
for any purpose related to the production of the Program. Owner acknowledges that the
Property is being provided to Producer for the specific purpose of using it as a "home base"
for the Program. Owner further acknowledges and agrees that in addition to the Program
participants, production personnel will be at the Property overnight and on a regular basis
for prep and/or filming purposes. Beginning no later than one day prior to the possession
date and diligently continuing until completed, but in any event completed no later than three
(3) days after Producer occupies the property, Producer will be solely responsible for hiring,
and coordinating with a moving and storage company to move Owner's furniture and
personal belongings from the Property and to store said furniture and personal belongings
at an off-site location during the Term and to return the same back to the Property after the
Term (Owner's "Moving and Storage"). Producer agrees to pay the costs of Owner's Moving
and Storage provided (a) Producer approves the costs in writing in advance, and (b) the
moving company remains solely liable for any and all damages to Owner's furniture and
personal belongings caused by the moving company and Owner assumes all risks for any
and all damages to furniture and personal belongings caused by any moving company to an
off-site location and returning the same back to the Property at the end of the Term.
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Producer may place all necessary facilities and equipment on the Property and agrees to
remove them after completion of work and leave the Property in as good condition as when
received, except for reasonable wear and tear from the normal and customary use of the
Property. Signs on the Property may, but need not, be removed, but, if removed, Producer
will replace them. Producer may, if it elects, include any and all signs on the Property and
any tradenames, trademarks, copyrights and logos of Owner or visible on the Property
(collectively, the "Owner's Marks") in the photographs, film and recordings. Owner
represents and warrants that the Property is maintained in compliance with all federal, state
and local laws, rules, regulations, codes and ordinances and is free of latent defects,
hazardous materials or illegal conditions of which Owner is or should be aware except those
of which Owner has notified Producer. Owner further represents and warrants that Owner
will not cause or allow any of its agents, representatives, employees or other individuals
working for or on behalf of Owner to disrupt Producer's production activities hereunder or
prevent or otherwise inhibit Producer's quiet enjoyment of and use of the Property during
the Term.
Owner acknowledges and agrees that Producer has the right to photograph, film and record
the Property, and to broadcast, exhibit and otherwise exploit the photographs, film and
recordings of the Property and any and all furnishings, works of art and other objects located
in or around the Property, as well as the Owner's Marks, in any and all manner and media
whatsoever, whether now known or hereafter devised, throughout the universe in perpetuity.
Without in any way limiting the foregoing, all rights of every kind in and to all photographs,
film and recordings made on the Property (including, without limitation, all copyrights) shall
be and remain vested in Producer, including, without limitation, the right to use and reuse all
such photographs, film and recordings in and in connection with subsequent related and
unrelated productions of any kind, as well as in and in connection with advertisements,
promotions, publicity, clips, and other materials, etc. Neither Owner nor any tenant or any
other party having an interest in the Property shall have any claim or action against Producer
or any other party arising out of any use of the photographs, film and/or recordings. Owner
agrees not to sue Producer, broadcasting network, distributors, financiers, their parent
company(ies), related and affiliated entities, subsidiaries, successors, transferees,
assignees, licensees and the agents, associates, officers, shareholders, managers,
contractors, directors, representatives, and employees of the foregoing for claims that may
arise in connection with Producer's filming and taping of the Property and/or the use of the
photographs, film and/or recordings. Owner's sole remedy for breach of this Agreement by
Producer shall be an action for money damages. In no event will Owner be entitled to
injunctive or other equitable relief, and in no event will Owner be entitled to terminate this
Agreement. Producer has no obligation to include the Property in the Program or in any
other production.
Owner represents and warrants that Owner has the exclusive right to enter into this contract
and to exclusively grant Producer all rights provided by this contract. Owner further
represents and warrants that the Property is not subject to a homeowner association (HOA)
or any other similar association, Owner agrees not to make any commercial or any other
use of the fact that the Property appeared or may appear in the Program or in any of
Producer's productions.
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Owner agrees to indemnify and hold harmless Producer from and against any and all
actions, suits, losses, costs, damages, liabilities or claims thereof, including reasonable
outside attorneys' fees, arising out of or in connection with: (i) any breach of any term,
condition, obligation, warranty, representation, or agreement made by Owner; (ii) the gross
negligence or willful misconduct of Owner, its agents, employees or representatives in
connection with the Property or the performance of this Agreement or otherwise; or (c) any
defect in the Property. Owner's obligations pursuant to this paragraph above shall survive
any expiration or termination of the Agreement.
If any controversy or claim arising out of or relating to this contract, or the breach of any term
hereof, cannot be settled through direct discussions, the parties agree to endeavor to first
settle the controversy or claim by mediation conducted in the County of Honolulu and
administered by a mediator mutually approved by the parties. If a dispute is not otherwise
resolved through direct discussions or mediation, the controversy or claim, including the
scope or applicability of this agreement to arbitrate, shall be resolved by final and binding
confidential arbitration conducted in the County of Honolulu and administered by an
arbitrator mutually approved by the parties provided the arbitrator shall be (i) an experienced
mediator or arbitrator (as applicable) who is experienced in the entertainment industry or (ii)
a retired judge. Notwithstanding the above requirements, if a party files suit in court or files
an arbitration before first seeking to mediate, in direct violation of this paragraph, the other
party does not have to request mediation to enforce the right to compel arbitration as
required under this paragraph. Upon the conclusion of any arbitration proceedings, the
arbitrator shall render findings of fact and conclusions of law and a written opinion setting
forth the basis and reasons for any decision reached and shall deliver such documents to
each party to the dispute. The arbitrator shall not have the authority to grant any remedies
the parties to any dispute have waived herein.
Producer may assign its rights hereunder to any third party, and this Agreement shall inure
to the benefit of all such successors and assigns; provided, however, Producer may not
sublet or sublicense its rights to occupy the Property to any third party without Owner's
consent. Owner may not assign Owner's rights under this Agreement without the written
consent of Producer, which consent shall not be unreasonably withheld.
Owner agrees that Owner has not paid any money or other valuable consideration to
Producer for the inclusion of the Property in the Program, nor has Owner paid any money to
anyone or accepted any money from anyone for the inclusion of any plug, reference, or
product identification on the Property. Owner may not photograph, film or record (audio or
visual): (i) the production of the Program; (ii) the events contained therein (including, but not
limited to, the Program events, outcomes, activities and participant interactions); (iii) the
Program participants; and/or (iv) the production staff or other personnel.
Owner agrees to keep all the terms of this Agreement and all information Owner obtains
about the Program (including, without limitation, its subject matter, content, storylines,
format, participants, and/or outcomes) (collectively, the "Confidential Information") in the
strictest confidence, unless Owner gets Producer's permission in writing. Owner
understands and agrees that any disclosure or misappropriation of any of the Confidential
Information at any time in violation of this Agreement will cause Producer and the broadcast
network irreparable harm and that monetary damages will not be sufficient to avoid and/or
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compensate Producer or the broadcast network for the unauthorized use or disclosure of
the Confidential Information and that injunctive or other equitable relief would be appropriate
to prevent any improper actual or threatened use or disclosure of the Confidential
Information or other breach of this Agreement. Owner understands that Producer's ability to
seek and obtain injunctive or other equitable relief hereunder is without prejudice to
Producer's right and ability to seek and obtain monetary damages in the event of any
improper actual or threatened use or disclosure of the Confidential Information or other
breach of this Agreement.
The date that Producer takes possession of the Property and any and all obligations of the
parties hereto shall be postponed for a period equal to the period of any "force majeure",
(e.g., Act of God, fire, pandemic, epidemic, earthquake, hurricane, volcanic eruption, strike
or other labor controversy, law or other governmental regulation which hinders or prevents
Producer's normal business operations or production of the Program), plus such additional
period of time as Producer may reasonably require to recommence production of the
Program. Such postponement will be rescheduled for dates and times as are reasonably
and mutually agreed upon by the parties. If the buildings and/or structures on the Property
or any material part thereof are destroyed by fire, storm or other casualty, not caused by
Producer, or are taken by eminent domain, or Producer is unable to reschedule or must
abandon production of the Program owing to such force majeure, then this Agreement shall
terminate upon the date of such casualty or taking and Owner shall immediately return to
Producer such portion of the compensation paid by Producer as is attributable to the period
from and after the date of such casualty or taking, as applicable. It is hereby agreed between
the parties that if such casualty or taking relates only to a portion of the Property and
Producer reasonably determines, in Producer's sole and absolute discretion, that the
remaining portion can still be used by Producer pursuant to this Agreement, this Agreement
shall continue and the compensation shall be reduced in proportion to the part of the
Property which is no longer available for Producer's use in light of such casualty or taking,
as applicable.
In the event of any termination of this Agreement, pursuant to an event of force majeure or
otherwise, should the amounts paid to Owner by Producer exceed the amount owed
pursuant to the terms and conditions set forth herein, Owner will promptly refund to Producer
the amounts of such excess within ten (10) business days after Producer's written demand
therefor.
If any portion of this Agreement is deemed to be invalid, illegal or unenforceable for any
reason, the remaining provisions shall nevertheless remain in full force and effect and this
Agreement may be signed in counterparts, and signatures received by facsimile shall be
enforceable as if such signatures were original signatures.
This Agreement shall be governed by the laws of the State of Hawaii without regard to the
principles of conflicts of laws.
This Agreement is the entire contract. No other authorization is necessary to enable
Producer to use the Property for the purpose contemplated. Nothing in this contract shall
limit or restrict any rights otherwise enjoyed by Producer under law or contract.
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ACCEPTED AND AGREED:
PRODUCER: TRADE WINDS PRODUCTIONS
BY:
TITLE:
DATE:
Address: 1015 Grandview Avenue, Glendale, CA 91201
Phone: (310) 360-5800
OWNER: ERIC STILES
—DocuSigned by:
By: Inc ;1i &,s
"—386002279 C804AE...
5/30/2025
DATE:
Agent: Aloha Homes
Telephone: (808) 201-3315
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EXHIBIT A
INSURANCE PROVISIONS
The terms in this Exhibit A written with initial capital letters are defined terms, all of which
are set forth in the Location Agreement to which this Exhibit A is attached (the
Agreement").
. At all times during the term of the Agreement, Producer shall purchase and maintain, at
Producer's sole expense, commercial general liability commercial automobile liability, and
workers' compensation and employers liability insurance with all of the coverages and
requirements detailed herein below. The policy shall be written by an insurer with a rating
by A.M. Best Company, Inc. of A/VII better. The insurance shall be written on an
"occurrence" form covering the use and occupancy of the Property and all operations of
Producer including 1 Premises Operations; 2. Independent Contractors; 3. Products
Completed Operations; 4. Blanket Contractual Liability; 5 Personal and Advertising Injury;
. Fire Legal Liability; and 7. Employees Names as Additional Insureds. The insurance shall
be written on an Insurance Services Offices, Inc ("ISO ) Commercial General Liability Policy
form or its equivalent. At the request of Hokukano Ranch, Inc. ("Owner"), Producer shall
deliver a certificate of insurance therefore. Each of such policies shall name the Owner as
an additional insured. Owner shall be provided ten (10) days written notice of cancellation
for any reason including nonpayment of premium, coverage reduction, termination, non-
renewal or material change in the coverage, scope or amount of the policy, and ten (10)
days written notice prior to lapse which shall be delivered to the Owner by the insurer
Coverage limits shall not be less than the following: Commercial General Liability -
$2,000,000 combined single limit bodily injury and property damage per occurrence, subject
to $2,000 000 general aggregate per policy year; $2,000,000 products and completed
operations aggregate per policy year; Personal and Advertising Injury — $2,000,000 per
person/organization per policy year, subject to $2,000,000 general aggregate per policy
year; Commercial Automobile Liability- $2,000,000 combined single limited bodily injury and
property damage per accident and annual aggregate; Aircraft Liability — $2,000 000 per
occurrence subject to $2 000,000 general aggregate per policy year; Workers
Compensation and Employer's Liability - statutory limits required by applicable laws; Fire
Legal Liability — $250,000 per fire; or such greater limits as Owner may reasonably
determine. If the limits of available liability coverage become substantially reduced as a
result of claim payments Producer shall immediately at its own expense purchase
additional liability insurance to increase the amount of available coverage to the limits of
liability coverage required by the Agreement The Owner makes no representation or
warranty that the limits of liability specified to be carried by Producer under the terms of the
Agreement are adequate to protect Producer against the risks required to be insured
hereunder or otherwise. If Producer believes that any such insurance coverages required
by the terms of the Agreement is insufficient Producer acknowledges that Producer may, at
its own expense, provide such additional insurance as Producer deems appropriate
A. Producer, for itself and its owners, affiliates partners employees, successors and
assigns, hereby waives and releases any and all claims against the Owner and its
employees, agents successors successors in trust and assigns, arising out of or related to
Producer's occupancy and/or use of the Property, or any associated equipment,
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improvement, property or land, including but not limited to claims of property damage
including theft and/or loss of use personal injury or wrongful death, unless caused by the
gross negligence or willful misconduct of the Owner Producer further waives all subrogation
rights of its insurers.
End of Exhibit
Trade Winds Productions Signature:
Email:
DATED: April , 2025
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