RES 380 Draft 01 2008-2010 - Laserfiche WebLink

Home

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 voluntary written release waivers for their patrons pursuant to the provisions of Hawaii Revised Statutes Section 663 -1.54 relating to Recreational Activity Liability. AND, Grantor and Grantee hereby covenant and agree as follows: 1. The Pedestrian Public Access Easements will not be officially open to the public until this Grant of Pedestrian Public Access Easements has been accepted by the County of Hawaii. The Easement Area as described hereinabove may be used by any members of the public having the right to use such Easement Area, subject to and upon the following terms and conditions: (a) Restrictions on Use. Pedestrian public access will be open 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. The public access use of the Easement Area does not include bicycles, skateboards and/or roller skates, motor bikes, all- terrain vehicles or motorized vehicles of any type, or equestrian uses by horse, mule or other animal, unleashed dogs, and the lighting of fires. The Grantee shall have the right to control or prevent access to the pedestrian public access easements in the event of a County or State declared emergency. Access for night fishing past 6:00 p.m. shall be allowed for those individuals who are actively engaged in night fishing activities through a permit system managed by the Grantee pursuant to Planning Department Rule 21, and does not include the right to overnight camping. (b) Maintenance and Control of the Pedestrian Public Access Easements. Other than the execution of this Grant of Pedestrian Public Access Easements and performance of the duties hereunder, the Grantor shall have no responsibility to maintain, control, implement or provide pedestrian public accesses upon and through the Project. The Grantee shall be solely responsible for maintaining, controlling, and repairing the pedestrian public access easements (mauka -makai and lateral), and any and all improvements relating to public access constructed upon and /or located within said public access easements, in a good and safe condition, ordinary wear and tear excepted, provided however, that maintenance and repair of Easements PA -1 and PA -6, which are located within the private subdivision Roadway Lot R -1 shall be the responsibility of the Grantor or its successors and assigns. Provided further that should Grantor or its successors and assigns pave or 4