RES 392 Draft 01 2008-2010 - Laserfiche WebLink

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As used herein, the term "public access" shall mean and be limited to uses allowed by the public access usage regulations as provided in Planning Department Rule 21, Public Access: Usage. If portions of the sea cliff erode away, destroying the public access easements or making said easements hazardous, the public access easements must be relocated to a safe location in the immediate vicinity. Where the trails do not exist on the ground in the area of the desired pedestrian lateral public access, Grantor shall have no obligation to make trails. Nothing in this Grant of Public Access Easements shall amend, qualify or otherwise limit the following: (1) the liability protections given to the Grantor 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 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 Public Access Easements described hereinabove 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. Public access will be open 24 -hours a day, seven (7) days a week, subject to time restrictions as determined by the Grantee pursuant to Planning Department Rule 21 It is intended that public access be utilized for non - commercial, recreational purposes, and does not include the right to overnight camping. The public access use of the Easement Area does not include skateboards and /or roller skates, motorized dirt bikes, all- terrain vehicles or similar -type motorized vehicles, or equestrian uses by horse, mule or other animal, unleashed dogs, and the lighting of fires. The Grantee and its successors and assigns will also have the right to control or prevent access to the public access easements in the event of a County or State declared emergency. (b) Maintenance and Control of the Public Access Easements. Other than the execution of this Grant of Public Access Easements and performance of the duties hereunder, the Grantor shall have no responsibility to maintain, control, implement or provide vehicular and pedestrian public accesses upon and through the Project. The Grantee shall be solely responsible for the management, maintenance and -5-