RES 063 Draft 01 2016-2018 - Laserfiche WebLink

Home

AND, Grantor and Grantee hereby covenant and agree as follows: 1. The Pedestrian Public Access Easement shall not be officially open to the public until this Grant of Public Access Easement has been accepted by the County of Hawaii. The Pedestrian Public Access Easement as described hereinabove may be used by any members of the public having the right to use such Pedestrian Public Access Easement, subject to, and upon the following terms and conditions: (a) Restrictions on Use. The regulation on the use of the Pedestrian Public Access Easement described above, including activities prohibited within the public access easement 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 6:30 p.m., whichever is later. Access for night fishing past 6:30 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 Pedestrian Public Access Easement. The Grantee shall be solely responsible for maintaining, controlling, insuring and repairing the Pedestrian Public Access Easement and any and all improvements constructed upon and/or located within said Pedestrian Public Access Easement, in a good and safe condition, ordinary wear and tear excepted. Any improvements constructed or installed upon the Pedestrian Public Access Easement shall require the prior approval of the Planning Director. Any and all additional improvements made to the pedestrian public access or within the Pedestrian Public Access Easement area shall be maintained by the party responsible for said improvements. 2. The Grantor and Grantee agree that the execution and delivery to the County of Hawaii by Grantor of this Grant of Public Access Easement shall constitute full and final compliance with all public access requirements for the lands of the Property of 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. 3. The Grantor and Grantee further agree that the use of the Pedestrian Public Access Easement by the general public for the purposes permitted hereunder constitutes use for "recreational purposes" within the meaning of the Hawaii Recreational Use Statute, Chapter 520, HRS. 4. That Grantee and the members of the general public shall not use the Pedestrian Public Access Easement for any purpose not expressly permitted herein. - 5 -