RES 064 Draft 01 2016-2018 - Laserfiche WebLink

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Nothing in this Grant of Public Access Easement shall amend, qualify or otherwise limit the following: (1) the liability protections given to the Grantor pursuant to Chapter 520, HRS, including without limitation the protections afforded in Section 520-4(b), HRS relating to Landowners' Liability, and(2) liability protections given to the owners or operators of any business providing recreational activities to the public who obtain voluntary written release waivers for their patrons pursuant to the provisions of Section 663-1.54, HRS, relating to Recreational Activity Liability. AND, Grantor and Grantee hereby covenant and agree as follows: 1. The Vehicular 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. Once opened for public use,the Vehicular Public Access Easement as described hereinabove may be used by any members of the public having the right to use such Vehicular Public Access Easement, subject to, and upon the following terms and conditions: (a) Restrictions on Use. The regulation on the use of the Vehicular 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 Vehicular Public Access Easement. The Grantee shall be solely responsible for maintaining, controlling, insuring and repairing the Vehicular Public Access Easement and any and all improvements constructed upon and/or located within said Vehicular Public Access Easement, in a good and safe condition, ordinary wear and tear excepted. Any improvements constructed or installed upon the Vehicular 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 Vehicular Public Access Easement area shall be maintained by the party responsible for said improvements. 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 -4-