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Mr. Michael Vitousek
<br /> July 15, 2022
<br /> Page 3
<br /> Furthermore, all owners also understood and acknowledged that:
<br /> the Community may be located near or adjacent to the Agricultural and Farming
<br /> Properties. Farming operations may result in smoke, dust, noise, vibrations and other
<br /> annoying activities that may constitute a nuisance and could interfere with the reasonable
<br /> use and enjoyment of the Property, including the Lots therein. Among others, and
<br /> without limitation, these uses may result in...noise from farm equipment and vehicles;
<br /> and dust created during plowing or cultivation. Owners are advised that the farming
<br /> operations and resulting consequences are protected under the provisions of Sections
<br /> 165-1 through 165-4, Hawaii Revised Statutes (the"Hawaii Right to Farm Act")."
<br /> Pualani Estates CC&Rs § 17.2.
<br /> The Pualani Estates CC&Rs further provided that
<br /> each Owner, in purchasing or otherwise taping title to any Lot, does so with the
<br /> express understanding and acknowledgment that the Community and the Owner's Lot
<br /> may be periodically affected by various hazards and by noise, dust, smoke, earthshock,
<br /> soot, ash, odor, mold and mold spores, noxious vapors, transmission of pollutants or other
<br /> hazardous materials, surface water runoff, or other adverse environmental conditions,
<br /> including but not limited to those attributable to winddrift and other weather factors (the
<br /> "Surrounding Use Effects") created by or attributable to the location of the Home,
<br /> historical, existing, and prospective surrounding construction, development, agricultural,
<br /> pasture, golf course, commercial and other non-residential uses and activities, and
<br /> specifically approves all of those uses and activities, which include, but are not limited to:
<br /> (a) the items described in this Article 17 or elsewhere in this Declaration; (b) agricultural
<br /> crop burning, harvesting, tending, as well as fertilization and pest and weed control; (c)
<br /> pets that may be objectionable to residents, (d) quarrying; (e) changes in use due to
<br /> zoning changes or other governmental authorization or otherwise, construction, grading,
<br /> improvement and maintenance of adjacent and surrounding properties, including
<br /> roadways, drainage facilities, sewage treatment facilities and the like ... (collectively the
<br /> "Surrounding Operations"). Each Owner hereby covenants and agrees that each
<br /> Owner, and the tenants, lessees, family, servants, guests, invitees, licensees and
<br /> employees of each Owner, assumes any and all risks associated with such Surrounding
<br /> Operations and the annoyances, inconveniences, Surrounding Use Effects and
<br /> nuisances created thereby, and expressly waives all rights to any claim against the
<br /> Declarant, its successors and assigns, its affiliates, successors-in-title or assigns arising
<br /> out of or in connection with such activities, annoyances, inconveniences and nuisances,
<br /> including but not limited to (i) any right to seek damages attributable thereto or for the
<br /> design or the placement of improvements to the Community, any Lot or the surrounding
<br /> property, or any part thereof, or related or adjacent facilities or(ii) the abatement or
<br /> elimination thereof. Such waiver, however, shall not include claims arising out of or in
<br /> connection with the gross negligence and/or willful misconduct of such entities.
<br /> Pualani Estates CC&Rs § 17.5.
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