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RES 041 Draft 01 2008-2010
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RES 041 Draft 01 2008-2010
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Entry Properties
Last modified
2/3/2009 10:23:20 AM
Creation date
1/13/2009 8:11:59 AM
Metadata
Fields
Template:
Bill/Resolution
Bill/Resolution - Type
RES
Bill/Resolution - Council Term
2008-2010
Bill/Resolution
041
Draft
01
Introducer
J Yoshimoto, Council Chair
Referred To
COUNCIL
Action 1
Council: Adopts Res. 41-09 - 01/23/09
Status
Adopted
Date To Mayor or Adoption Date
1/23/2009
Reading Number
1
Reading Date
1/23/2009
Ayes
9-Enriques;Ford;Greenwell;Hoffmann;Ikeda;Naeole;Onishi;Yagong;Yoshimoto
Noes
0
Absent
0
Excused
0
Document Relationships
AGE COUNCIL 01/23/2009 2008-2010
(Related To)
Path:
\Council Records\Agendas\2008-2010\Council
COM 0093.000 2008-2010
(Related)
Path:
\Council Records\Communications\2008-2010
COM 0093.000 2008-2010
(Related To)
Path:
\Council Records\Communications\2008-2010
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r <br />a ' <br />fitness of the easement area for the particular purpose or use intended or <br />contemplated by the Grantee. The Grantee, in agreeing to accept the " <br />easement area in its current "as is' condition,,assumes all risks and dangers <br />regarding all aspects of the easement area and its use by the Grantee and the <br />general motoring public to the extent that such risks do not arise out of and ' <br />are not in any part caused by the Grantor's negligence or other legally .':, <br />wrongful conduct. <br />The Grantor and the Grantee agree that the Grantee's ' <br />acceptance of the easement area for the purpose of this grant of non- 1` <br />exclusive easement is limited to the condition and use of the easement area <br />for the purpose of this grant of non-exclusive easement. By accepting the ' <br />easement area and by signing this grant of non-exclusive easement, the <br />Grantee does not declare, imply or infer that the easement area is in a ;;, <br />condition to be dedicated as. a public roadway or that the Grantor has <br />completed its obligation to complete the easement area to applicable '~' <br />standards for dedication. <br />8. Arrangements With Communities Outside the Hokuli'a <br />~, <br />Project. To the extent that the Grantee plans to take or has taken measures <br />that affect traffic within the Kona Scenic Subdivision or other communities <br />located outside of the Hokuli'a project area, the Grantee will ensure that j <br />such measures will not hinder the use of the easement area as contemplated <br />by this grant of non-exclusive easement or otherwise expose the Grantor, ,'~ <br />Hokuli'a lot owners, their respective employees, guests, invitees and <br />contractors or other persons designated and authorized by the Grantor or the " <br />14 <br />
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