COM 0711.000 2010-2012 - Laserfiche WebLink

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AND,the Grantor and Grantee hereby covenant and agree as follows: 1. The Public Access Easement described hereinabove may be used by any members of the public having the right to use such Public Access Easement, 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 and shall be subject to the use limitation provided in Section 21-6 of Planning Department Rule 21. 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. (b) Maintenance and Control of the Public Access Easement. Other than the execution of this Grant of Public Access Easement and performance of the duties hereunder,the Grantor shall have no responsibility to maintain, control, implement or provide lateral pedestrian public accesses upon and through the Property. As approved by the Planning Director,the Grantor shall provide an acceptable means of safe pedestrian passage through any existing or future fence or wall within the Easement Area. Otherwise,the Grantee shall be solely responsible for maintaining, controlling, insuring and repairing the lateral pedestrian public access easement in a good and safe condition, ordinary wear and tear excepted. 2. The Grantor and Grantee agree that the recording of this Grant of Public Access Easement in said Office of the Assistant Registrar shall constitute full and final compliance with all lateral public pedestrian access requirements pursuant to Condition No. 3 of SMA Minor Permit No. 08-000093 and Chapter 205A, HRS. 249724.2 - 5 -