RES 140 Draft 02 2012-2014 - Laserfiche WebLink

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1. The Public Access Easements shall not be officially open to the public until this Grant of Public Access Easements has been accepted by the County of Hawaii. The Public Access Easements as 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. The regulations on the use of the Public Access Easements described above, including activities prohibited within the Public Access Easements shall be pursuant to Planning Department Rule 21, Public Access: Usage. In addition, public access will be open generally from sunrise or 6:00 a.m., whichever is earlier,to one-half hour beyond sunset or 6:00 p.m., whichever is later. Access for night fishing past 6:00 p.m. shall be allowed pursuant to a permit or registration system approved by the Grantee. Access for night fishing past 6:00 p.m. shall be allowed for those individuals who are actively engaged in night fishing activities, and does not include the right to overnight camping. b. Maintenance and Control of the Public Access Easements. The Grantor shall be solely responsible for maintaining, controlling and repairing two sections of the Lateral Pedestrian Public Access easement, as further delineated on Exhibit 2, affecting Lots 71, 77 and 78, in a good and safe condition, ordinary wear and tear excepted. Other than the maintenance, control and repair of the above two sections of the Lateral Pedestrian Public Access easement, and 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 all remaining sections of the Public Access Easements and/or sections thereto, 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, as further delineated on Exhibit 1. 2. Grantor and Grantee agree that the execution and delivery to the County of Hawaii by Grantor of this Grant of Public Access Easements shall constitute full and final compliance with all public access requirements for the Project pursuant to Section 46-6.5, HRS, Chapter 205A, HRS, Chapters 23 (Subdivision) and 34 (Public Access), Hawaii County Code, and Planning Department Rule 21 relating to Public Access: Usage. - 6 -