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COUNTY OF HAWAVI RESOLUTION NO. STATE OF HAWAII 5()0 16 A RESOLUTION URGING THE DIRECTOR OF FINANCE TO AWARD A GRANT TO MAKAHANALOA FISHING ASSOCIATION FOR THE MAINTENANCE OF CERTAIN PUBLIC ACCESS EASEMENTS IN PEPE'EKEO. WHEREAS, in 2002, the County reached a settlement agreement with Continental Pacific, LLC, which settled certain disputed claims of pre-existing lots arising out of a proposed subdivision in Pepe'ekeo and established various public access easements within the lands under dispute; and WHEREAS, Section 34-10 of the Hawai'i County Code 1983 (2016 Edition, as amended) (hereinafter, "the Code") provides, in part that, "upon the acceptance of the dedication of land for a right-of-way for public access by the County, the County shall thereafter assume the cost of improvements for and the maintenance of the public access, unless the subdivider or developer agrees to assume such cost and maintenance'; and WHEREAS, by Resolution No. 109-11, adopted on August I V% 2011, a copy of which is attached hereto and incorporated herein by reference as "Exhibit A', the County accepted a grant of public access easements that were established by the settlement agreement; and WHEREAS, the grant agreement stipulated that the County "shall be solely responsible for maintaining, controlling, insuring and repairing the Public Access Easements and any and all improvements constructed upon and/or located within said Public Access Easements, in a good and safe condition, ordinary wear and tear excepted"; and WHEREAS, the easements for which the County has maintenance responsibility, as delineated above, are identified as Easements P-1, P-2, P-6, P-6-A, P-6-13, P-11-A, P-11-B, P-12, P-14-A, P-14-13, and P-14-C (hereinafter the "Public Access Easements") and more particularly described in "Exhibit A"; and WHEREAS, the County recognizes that public access is critical to our island community; and WHEREAS, Section 2-139(a)(3)(C) of the Code provides, in part, that "[g]rant awards of $25,000 or less may be authorized by the finance director for projects or programs that accomplish public purposes upon written request of a department"; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAPI that the Director of Finance is hereby urged to award a grant under Section 2-139(a)(3)(C) of the Code to Makahanaloa Fishing Association to maintain the Public Access Easements in accordance with the terms contained in "Exhibit A".