Laserfiche WebLink
(f) Waste Disposal. The disposal or storage on the Protected Property of <br />rubbish, garbage, debris, unregistered vehicles, abandoned equipment, parts thereof, or other <br />unsightly, offensive, or hazardous waste or material. <br />(g) Utilities. The installation on the Protected Property of new utility systems <br />or extensions of existing utility systems, including, without limitation, water, sewer, power, fuel, <br />and communication lines and related facilities. <br />(h) Signs. The placement of commercial signs, billboards, or other <br />advertising material on the Protected Property. <br />(i) Mining. The exploration for, or development and extraction of, minerals <br />and hydrocarbons on or below the surface of the Protected Property. <br />0) Introduced Vegetation. Grantor will not introduce or release nonnative <br />invasive species (as listed in the State of Hawaii's Weed Risk Assessment list) or non - <br />naturalized plant or animal species, with the exception of species as described in the Plan or as <br />needed to maintain Conservation Values, and approved by Grantee. Desirable nonnative plant <br />species needed to improve and stabilize soils or improve habitat for native birds may be <br />introduced, but should comply with recommendations in the Plan and must be approved by <br />Grantee. <br />(k) Environmental Laws. The violation of, knowing allowance, or knowing <br />continuation of any violation of any applicable federal, state, or local law, regulation, or <br />requirement relating to protection of the air, water, or soil, human health and the environment <br />("Environmental Law") by Grantor, Grantor's agents, employees, or third party whom Grantor <br />has the right and ability to reasonably control. <br />5. Invasive Non -Native Species. Grantor agrees to implement methods of <br />controlling invasive non-native species on the Protected Property, and to encourage the <br />establishment of appropriate native species on the Protected Property as described in the Plan. <br />6. Notice and Approval. <br />(a) Notice. To afford Grantee an opportunity to ensure that any use or <br />activity proposed by Grantor is designed and carried out in a manner consistent with the terms <br />and Purpose of this Easement, Grantor shall notify Grantee and receive Grantee's written <br />approval prior to undertaking certain activities permitted only after prior approval by Grantee as <br />identified in this Easement, in Section 3 and Section 4. Grantor shall notify Grantee in writing <br />not less than seventy-five (75) days prior to the date Grantor intends to undertake the use or <br />activity for which approval is required. The notice shall describe the nature, scope, design, <br />location, timetable, and any other material aspect of the proposed activity in sufficient detail to <br />permit Grantee to make an informed judgment as to its consistency with the terms and Purpose <br />of this Easement. <br />(b) Approval. Where Grantee's approval is required, Grantee shall grant or <br />withhold its approval in writing within sixty (60) days of receipt of Grantor's written request for <br />approval. If at any time during the sixty (60) day period Grantee reasonably requests additional <br />specified information regarding the requested use or activity, Grantor shall provide such <br />information to Grantee within five (5) days. Grantor's failure to timely provide the additional <br />reasonably requested information shall be deemed sufficient reason for Grantee to withholr=orney <br />419699_1.DOC (� <br />