RES 109 Draft 01 2010-2012 - Laserfiche WebLink

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(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 pedestrian public accesses upon and through the Project. The Grantee shall be solely responsible for maintaining, controlling, insuring and repairing the Public Access Easements and any and all improvements constructed upon and/or located within said Public Access Easements, in a good and safe condition, ordinary wear and tear excepted, excluding pedestrian public access easements P -8, P -10 and P -15 -A which shall be maintained by the Grantor, and its successors and assigns, in walkable condition (for example, by periodic mowing) in compliance with Condition No. 16 under Special Management Area Use Permit No. 449, issued on October 15, 2004. The Grantor, and its successes and assigns shall be responsible for the maintenance of the vehicular public access and parking easements as described in the Second Amended and Restated Declaration of Vehicular and Parking Public Access Easements recorded at the Bureau of Conveyances of the State of Hawaii on June _, 2011, as Document No. 2011- 2. The Grantor and Grantee agree that this Grant of Public Access Easements is intended to comply with the objectives and policies relating to shoreline access set forth in Chapter 205A, as amended, of the Hawaii Revised Statutes. The Grantor and Grantee further agree that the use of the vehicular, parking and pedestrian public access easements by the general public for the purposes permitted hereunder constitutes use for "recreational purposes" within the meaning of the Hawaii Recreational Use Statute, Hawaii Revised Statutes Chapter 520. 3. That Grantee and the members of the general public shall not use the Easement Area for any purpose not expressly permitted herein. 4. That if at any time the premises across which the rights and easements are hereby granted, or any part thereof, shall be condemned or taken by any governmental authority, Grantee shall have the right to claim and recover from the condemning authority, but not from Grantor, such compensation as is payable for the said rights and easements within the public access easements by Grantee, all of which shall be payable to Grantee. -7_