RES 449 Draft 01 2004-2006 - Laserfiche WebLink

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.e 2-A and Lot I as shown on Map 3 of Land Court Application No. 975 and Map 1 of Land Court Application No. 1547, as more particulazly described in Exhibit A and as depicted on Exhibit B, attached hereto and incorporated by reference herein. The ten (10) foot wide lateral pedestrian easements shall be located within the shoreline setback azea as defined by HRS Section 205A-43(a) (running laterally mauka from the face of the seawall pursuant to the 2004 shoreline certification map). In the event that all of any portion of the Public Access Easements aze replaced by a substitute public access easement, the original aligrunent for that portion of the Public Access Easements shall be extinguished, and the parties hereto agree to execute any and all necessary documents to effect extinguishing the original easement alignment. As used herein, the term "pedestrian public access shall mean and be limited to pedestrian foot traffic, and does not include use by bicycles, skateboazds and/or roller skates, motor bikes, all-terrain vehicles or motorized vehic]es of any type, or horse, mule or other animal use. Vehiculaz access to the Public Access Easements at the Property is currently provided from the off-site Kona Inn Village Shopping pazking lots located at the comer of Alii Drive and Hualalai Road. II. EFFECT ON LANDOWNERS' LIABILITY Nothing in this Declazation shall amend, qualify or otherwise limit the following: I) the liability protections given to Declarant pursuant to Hawaii Revised Statutes Chapter 520, including without limitation the protections afforded in Section 520-4(b), relating to Landowners' Liability; and 2) the liability protections given to the owners or operators of any business providing recreational activities to the public who obtain vohrntary written release waivers for their patrons pursuant to the provisions of Hawaii Revised Statutes Section 663-1.54 relating to Recreational Activity Liability. IIl. TERMS AND CONDITIONS OF USE AND MAINTENANCE OF THE PUBLIC ACCESS PEDESTRLA~~I EASEMENTS The Public Access Easements described in Section 1 hereinabove and as further described in Exhibit A and as depicted on Exhibit B may be used by any members of the public having the right to use such Public Access Easements, subject to and upon the following terms and conditions: A. Restrictions on Use. Pedestrian public access will be open generally from sunrise or 6:00 a.m., whichever is earlier, to one-half hour beyond sunset or 6:00 p.m., whichever is later. It is intended that the pedestrian public access be utilized for non-commercial, recreational purposes. In the interest of preserving the safety, security, health and well being of all persons using the pedestrian public access -4-