RES 389 Draft 01 2008-2010 - Laserfiche WebLink

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If portions of the sea cliff erode away, destroying the Public Access Easement or making said easement hazardous, the Public Access Easement must be relocated to a safe location in the immediate vicinity. Where the trail does not exist on the ground in the area of the desired lateral pedestrian public access, Grantor shall have no obligation to make trails. Where there is a lateral pedestrian public access specified near the top of the sea cliff, the easement may be relocated at Grantor's request closer to the top of the cliff if: (1) the route in question can easily be used for pedestrian travel without improvement and (2) the location is a safe distance from the top of the cliff. Nothing in this Grant of Public Access Easement 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 lateral pedestrian public access easement will not be officially open to the public until this Grant of Public Access Easement 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. Lateral 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 lateral pedestrian public access easement 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. -4-