Condition 27 on Honua’ula (Wailea 670)

That Honua’ula Partners, LLC, its successors and permitted assigns, shall provide the report “Remnant Wiliwili Forest Habitat at Wailea 670, Maui, Hawaii by Lee Altenberg, Ph.D.”, along with a preservation/mitigation plan, to the State Department of Land and Natural Resources, the United States Fish and Wildlife Service, and the United States Corps of Engineers for review and recommendations prior to Project District Phase H approval. The Maui Planning Commission shall consider adoption of the plan prior to Project District Phase H approval.

Such plan shall include a minimum preservation standard as follows: ThatHonua’ula Partners, LLC, its successors and permitted assigns, shall establish inperpetuity a Conservation Easement (the “Easement”), entitled “Native PlantPreservation Area”, for the conservation of native Hawaiian plants and significantcultural sites in Kihei-Makena Project District 9 as shown on the attached map. The Easement shall comprise the portion of the property south of latitude20’40’15.00″N, excluding any portions that the State Department of Land andNatural Resources, the United States Fish and Wildlife Service, and the UnitedStates Corps of Engineers find do not merit preservation, but shall not be less than18 acres and shall not exceed 130 acres.

The scope of the Easement shall be set forth in an agreement between Honua’ ula Partners, LLC and the County that shall include:

a) A commitment from Honua’ula Partners, LLC, its successors and permitted assigns, to protect and preserve the Easement for the protection of native Hawaiian plants and significant cultural sites worthy of preservation, restoration, and interpretation for public education and enrichment consistent with a Conservation Plan for the Easement developed by Honua’ula Partners, LLC and approved by the State Department of Land and Natural Resources, the United States Geological Survey, and the United States Fish and Wildlife Service; and with a Cultural Resource Preservation Plan, which includes the management and maintenance of the Easement, developed by Honua’ula Partners, LLC and approved by the State Department of Land and Natural Resources (collectively, the “Conservation/Preservation Plans”).

b) That Honua’ula Partners, LLC, its successors and permitted assigns, shall agree to confine use of the Easement to activities consistent with the purpose and intent of the Easement.

c) That Honua’ula Partners, LLC, its successors and permitted assigns, shall be prohibited from development in the Easement other than erecting fences, enhancing trails, and constructing structures for the maintenance needed for the area, in accordance with the Conservation/Preservation Plans.

d) That title to the Easement shall be held by Honua’ula Partners, LLC, its successors and permitted assigns, or conveyed to a land trust that holds other conservation easements. Access to the Easement shall be permitted pursuant to an established schedule specified in the Conservation/Preservation Plans to organizations on Maui dedicated to the preservation of native plants, to help restore and perpetuate native species and to engage in needed research activities. These organizations may enter the Easement at reasonable times for cultural and educational purposes only.

e) That Honua’ula Partners, LLC, its successors and permitted assigns, shall agree to confine use of the Easement to activities consistent with the purpose and intent of the Easement.

(emphasis added)
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