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fishing past 6:00 p.m. shall be allowed pursuant to a permit or <br /> registration system approved by the Grantee. Access for night fishing <br /> past 6:00 p.m. shall be allowed for those individuals who are actively <br /> engaged in night fishing activities, and does not include the right to <br /> overnight camping. <br /> b. Maintenance and Control of the Public Access Easements. Other than <br /> the execution of this Grant of Public Access Easements and <br /> performance of the duties hereunder, the Grantor shall have no <br /> responsibility to maintain, control, implement or provide pedestrian <br /> public accesses upon and through the Project. The Grantee shall be <br /> solely responsible for maintaining, controlling, insuring and repairing <br /> the Public Access Easements and any and all improvements constructed <br /> upon and/or located within said Public Access Easements, in a good <br /> and safe condition, ordinary wear and tear excepted. <br /> 2. The Grantor and Grantee agree that the execution and delivery to the County of <br /> Hawaii by Grantor of this Grant of Public Access Easements shall constitute full and final <br /> compliance with all public access requirements for the Project pursuant to Section 46-6.5, <br /> HRS, Chapter 205A, HRS, Ala Loa and Ala Kahakai, Chapters 23 (Subdivision)and 34 <br /> (Public Access), Hawaii County Code, and Planning Department Rule 21 relating to Public <br /> Access: Usage. <br /> 3. The Grantor and Grantee further agree that the use of the parking, vehicular and <br /> pedestrian public access easements by the general public for the purposes permitted hereunder <br /> constitutes use for "recreational purposes" within the meaning of the Hawaii Recreational Use Statute, <br /> Chapter 520, HRS. <br /> 4. That Grantee and the members of the general public shall not use the Easement <br /> Area for any purpose not expressly permitted herein. <br /> 5. That if at any time the premises across which the rights and easements are <br /> hereby granted, or any part thereof, shall be condemned or taken by any governmental <br /> authority, Grantee shall have the right to claim and recover from the condemning authority, <br /> but not from Grantor, such compensation as is payable for the said rights and easements <br /> within the public access easement by Grantee, all of which shall be payable to Grantee. <br /> -6- <br />