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3. Easement PA -3 for pedestrian access purposes being 4 -ft. wide, containing <br />an area of 0.176 acre, affecting Lot 9B (Exhibit 6); <br />4. Easement PA -4 for pedestrian access purposes being 4 -ft. wide, containing <br />an area of 0.005 acre, affecting Lot 9B (Exhibit 7); <br />5. Easement PA -5 for pedestrian access purposes being 4 -ft. wide, containing <br />an area of 0.021 acre, affecting Lot 9B (Exhibit 8); <br />6. Portion of Easement H for pedestrian public access purposes, containing <br />an area of 0.269 acre, affecting Lot 9-B (Exhibit 9); <br />7. Easement H for pedestrian public access purposes, containing an area of <br />0.671 acre, affecting TMK: (3) 5-4-009:020 (por.) (Exhibit 10); and <br />8. Easement A-1 for pedestrian access purposes being 4 -ft. wide, containing <br />an area of 5,315 square feet, affecting TMK: (3) 5-4-009:020 (por.) <br />(Exhibit 11). <br />II. MISCELLANEOUS PROVISIONS <br />A. Maintenance and Control of the Public Access Easements. The Declarant shall be <br />solely responsible for maintaining, controlling, insuring and repairing the <br />vehicular and pedestrian public access easements within the Subject Property, and <br />any and all improvements constructed upon and/or located within said public <br />access easements, in a good and safe condition, ordinary wear and tear excepted. <br />B. Statutory Authority. The Declarant agrees that this Declaration of Public Access <br />Easements is intended to comply with the objectives and policies relating to <br />shoreline access set forth in Chapter 205A, as amended, of the Hawaii Revised <br />Statutes. The Declarant further agrees that the use of the Public Access <br />Easements by the general public for the purposes permitted hereunder constitutes <br />use for "recreational purposes" within the meaning of the Hawaii Recreational <br />Use Statute, Hawaii Revised Statutes Chapter 520, Landowners' Liability. <br />C. Reserved Right to Amend. Notwithstanding anything contained herein to the <br />contrary, Declarant hereby reserves the right to amend this Declaration, and to file <br />and record any Grant of Public Access Easements, at its sole discretion, without <br />the consent or joinder of any Project lot owner, occupant, mortgagee, lien holder <br />or any other person or entity for the purpose of granting and recording the <br />surveyed location of the Public Access Easements and meeting any requirement <br />imposed by any applicable law, any federal, state or county government, any <br />governmental or judicial action, order or decree, any institutional mortgage lender <br />or any governmental or quasi -governmental agency including, without limitation, <br />the Federal National Mortgage Association, Federal Home Loan Mortgage <br />-60 <br />-5- <br />