RES 449 Draft 01 2004-2006 - Laserfiche WebLink

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easements, certain reasonable controls and/or regulations will be established by the Declarant and enforced by the Declazant's designated agents and assigns. Reasonable controls are intended to protect the shoreline area and marine resources, and to preserve the quiet enjoyment of the area for all users. Use of the pedestrian public access will be denied to any person who unreasonably disturbs the peace, is intoxicated, or will cause damage to the Public Access Pedestrian Easements, the Kona Inn Shopping Complex property, the shoreline or marine resources. The Declarant and its successors and assigns will also have the right to control or prevent access to the public pedestrian access in the event of a County or State declazed emergency. Access for night fishing past 6:00 p.m. shall be allowed for those individuals who aze actively engaged in night fishing activities, and does not include the right to overnight camping. B. Maintenance and Control of the Public Access Pedestrian Easements. Other than the execution of this Declazation and performance of the duties hereunder, the Declazant shall have no responsibility to maintain, control, implement or provide pedestrian public access upon and through the Property. The Declazant shall be solely responsible for maintaining, controlling, insuring and repairing the Public Access Pedestrian Easements (mauka-makai and lateral), and any and all improvements constructed upon and/or located within said Public Access Pedestrian Easements, in a good and safe condition, ordinary wear and teaz excepted. C. Sienaee. A shoreline public access sign is posted across the Property along Alii Drive. Additional public access related signage is proposed to be posted at the central entrance of the Kona Inn Village Shopping Complex along Alii Drive, and within the Kona Inn Village Shopping Complex. Declazant will provide, install and maintain a hazazdous warning signage along the low rock wall indicting the potential for high surf conditions. Public shoreline access and hazardous surf conditions signage will be generally consistent in form and content to the signage used by the County of Hawaii, however, modifications may be sought with regazd to the materials and lettering style in order to achieve a consistency with other project signage of the azea. All signage will meet the County sign requirements under Chapter 3 of the Hawaii County Code. IV. MISCELLANEOUS PROVISIONS A. Statutory Authority. The Declazant and County agree that this Declaration of Public Access Pedestrian Easements is intended to comply with the objectives and policies relating to shoreline access set forth in Chapter 205A, as amended, of the Hawaii Revised Statutes. The Declarant and County further agree that the use of the Public Access Pedestrian Easements by County and the general public for the purposes permitted hereunder constitutes use for "recreational purposes" within the meaning of the Hawaii Recreational Use Statute, Hawaii Revised Statutes Chapter 520. -5-