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AMENDMENT TO THE GRANT OF NON - EXCLUSIVE EASEMENT FOR
<br /> LIMITED PUBLIC ACCESS OVER PRIVATE ROADWAYS
<br /> THIS AMENDMENT TO THE GRANT OF NON - EXCLUSIVE EASEMENT FOR
<br /> LIMITED PUBLIC ACCESS OVER PRIVATE ROADWAYS, made this
<br /> day of , by and between 1250 OCEANSIDE PARTNERS, a
<br /> Hawai`i limited partnership, whose address is 78 -6831 Ali`i Drive, Suite K -15, Kailua -Kona, Hawai`i
<br /> 96740, hereinafter called the "Grantor," and the COUNTY OF HAWAII, a municipal corporation of
<br /> the State of Hawai`i, whose principal place of business and mailing address is 25 Aupuni Street, Hilo,
<br /> Hawaii 96720, hereinafter called the "Grantee,"
<br /> • WITNESSSETH:
<br /> WHEREAS, Grantor and the Grantee entered into a Grant of Non - Exclusive Easement For
<br /> Limited Public Access Over Private Roadways, dated March 9, 2009, and recorded in the Bureau of
<br /> Conveyances of the State of Hawaii as Document No. 2009 - 040018, for a conditional, temporary and
<br /> non- exclusive easement over portions of the Mamalahoa Highway Bypass and the Haleki`i Street
<br /> Extension; and
<br /> WHEREAS, by a Grant of Non - Exclusive Easement For Limited Public Access Over Private
<br /> Roadways, dated September 3, 2009, this grant of easement was extended for an additional six (6)
<br /> months, through March 4, 2010; and
<br /> WHEREAS, by an Extension of Grant of Non - Exclusive Easement for Limited Public Access
<br /> Over Private Roadways, dated February 22, 2010 and recorded in the Bureau of Conveyances of the
<br /> State of Hawaii as Document No. 2010- 026813, this grant of easement was further extended for an
<br /> additional period of six months, through September 4, 2010; and
<br /> WHEREAS, Grantor and Grantee wish to further amend the Grants of Non- Exclusive
<br /> Easement.
<br /> NOW, THEREFORE, in consideration of the promises, mutual covenants and agreements
<br /> hereinafter contained, the Grantor and Grantee hereto agree as follows:
<br /> 1. Term: The term of the easement for the conditional, temporary and non- exclusive easement
<br /> over portions of the Mamalahoa Highway Bypass and the Haleki`i Street Extension, is
<br /> extended for a period of three years, through September 4, 2013, or sooner if the roadway is
<br /> dedicated.
<br /> 2. County's Hours of Operation: The Mamalahoa Highway Bypass and Haleki`i Street shall
<br /> be open to the public twelve (12) hours a day (6:30 a.m. - 6:30 p.m.), seven (7) days a week, to
<br /> two -way traffic, both north and southbound.
<br /> 3. Insurance: The Grantee will procure and maintain, at its own cost and expense, in MI force
<br /> and effect throughout the term of this easement, comprehensive general liability insurance, or
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