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Home My WebLink AboutCOM 0092.019 2004-2006 WAIVER OF LIABILITY AND INDEMNITY AGREEMENT IN CONSIDERATION of CONTINENTAL PACIFIC, LLC's agreement dated September 10, 2003 to allow access onto its property at Pepeekeo (the "Property"), for fishing and shoreline access purposes, the undersigned hereby agrees to release, indemnify, defend, and hold harmless, CONTINENTAL PACIFIC, LLC, a Delaware limited liability company, the PEPEEKEO COMMUNTTY ASSOCIATION, the PEPEEKEO FISFIING ACCESS COMMITTEE, their members, officers, agents and employees (collectively, the "Indemnified Parties"), from any and all liability, losses, costs, damages and expenses, including attorneys' fees, arising out of or resulting from any claim or cause of action by myself and also for those claims made by persons who enter the Property with my permission (if they have not signed a separate waiver form). This release and indemnity is made on behalf of myself, my guests, and my successors, heirs, personal representatives, administrators, and assigns, for any personal injury, death or damage to property arising out of our entry onto the Property owned by CONTINENTAL PACIFIC, LLC. I understand that roadway, shoreline and trail conditions may be unpredictable, with hazardous and hidden conditions, and that the Indemnified Parties do not have a legal duty to maintain said areas on which I am given access. I acknowledge that my activity on the Property may be a dangerous and risky activity and that I may be injured or killed as a result of my participation in it. Knowing, understanding and fully appreciating all possible risks, I hereby expressly, voluntarily, and willingly assume all risks and dangers associated with my entry onto the Property. I also acknowledge that Chapter 520 of the Hawaii Revised Statutes which limits liability for landowners who allow recreational access, applies to this agreement. 1 have read this waiver and release and understand the terms used in it and their legal significance. If there are any reservations regarding the legal importance of this document, I will not sign it and will not use the Property until I have had the opportunity to consult with legal counsel. My signature on this document is intended to bind not only myself, but also my successors, heirs, personal representatives, administrators, and assigns. I also acknowledge receipt of a copy of the Fishing Access Rules and agree to abide by them, subject to termination of fishing and shoreline access for violation of these Rules. Date: Print Name Address Signature Phone Number Vehicle Type & License No. Other Vehicle Type& License Witness Copy for Fishing Access Committee Comm. No. a Ref. To:Yreseutw dyt,Mi F, d=:. x..16 2nn5 WAIVER OF LIABILITY AND INDEMNITY AGREEMENT IN CONSIDERATION of CONTINENTAL PACIFIC, LLC's agreement dated September 10, 2003 to allow access onto its property at Pepeekeo (the "Property"), for fishing and shoreline access purposes, the undersigned hereby agrees to release, indemnify, defend, and hold harmless, CONTINENTAL PACIFIC, LLC, a Delaware limited liability company, the PEPEEKEO COMMUNFfY ASSOCIATION, the PEPEEKEO FISHING ACCESS COMMTTTEE, their members, officers, agents and employees (collectively, the "Indemnified Parties"), from any and all liability, losses, costs, damages and expenses, including attorneys' fees, arising out of or resulting from any claim or cause of action by myself and also for those claims made by persons who enter the Property with my permission (if they have not signed a separate waiver form). This release and indemnity is made on behalf of myself, my guests, and my successors, heirs, personal representatives, administrators, and assigns, for any personal injury, death or damage to property arising out of our entry onto the Property owned by CONTINENTAL PACIFIC, LLC. I understand that roadway, shoreline and trail conditions may be unpredictable, with hazardous and hidden conditions, and that the Indemnified Parties do not have a legal duty to maintain said areas on which I am given access. I acknowledge that my activity on the Property may be a dangerous and risky activity and that I may be injured or killed as a result of my participation init. Knowing, understanding and fully appreciating all possible risks, I hereby expressly, voluntarily, and willingly assume all risks and dangers associated with my entry onto the Property. I also acknowledge that Chapter 520 of the Hawaii Revised Statutes which limits liability for landowners who allow recreational access, applies to this agreement. I have read this waiver and release and understand the terms used in it and their legal significance. If there are any reservations regarding the legal importance of this document, I will not sign it and will not use the Property until I have had the opportunity to consult with legal counsel. My signature on this document is intended to bind not only myself, but also my successors, heirs, personal representatives, administrators, and assigns. I also acknowledge receipt of a copy of the Fishing Access Rules and agree to abide by them, subject to termination of fishing and shoreline access for violation of these Rules. Date: Print Name Address Signature Phone Number Vehicle Type & License No. Other Vehicle Type& License Witness Copy for Fisherman FISHING ACCESS RULES OF THE PEPEEKEO CONIMUIVITY ASSOCIATION FISHING ACCESS CONIMIT"TEE AND CONTINENTAL PACIFIC, LLC, LANDOWNER 1. General public access shall be to the pazking areas outside of locked gates, with pedestrian access to the shoreline and laterally along the shoreline along [he top of the pali. Public access shall be from 6 a.m. to 6 p.m., with night time access by permit issued by the Pepeekeo Community Association Fishing Access Committee ("FAC"). 2. Access for the benefit of the Pepeekeo Community Association ("PCA"), its members, and authorized users is being provided by Continental Pacific, LLC ("Continental") in addition to the general public access, pursuant to these rules. Rights of access may be immediately terminated by the FAC or Continental in the event of violation of these rules. These rules may be modified in the future in the discretion of the FAC and Continental. 3. PCA vehicular access shall be 24 hours, 7 days a week by permit system administered by the FAC. Access will be through locked gates, down to parking areas near the shoreline. Each user shall sign a waiver form and rules before being given combination for vehiculaz access to the shoreline. Once a waiver form is signed and accepted by the FAC and Continental, it shall remain in force and may be used for subsequent access, unless revoked in writing and the revocation document is received by the FAC and Continental. 4. The FAC shall limit access to any particular azea in its discretion to avoid overfishing and overuse of resources. Specifically, access to the Alia Point parking azea (which is within privately owned Lot 49) shall be limited to two (2) vehicles at any one time, to minimize disturbance to the owner and neighbor of this property. Users shall sign-in and sign-out at the Pepeekeo Sugar Wazehouse at the corner of Mil] Road and Railroad. 5. Persons using access shall be respectful of the land and neighbors. Users shall bring out all of their trash, and shall not cause disturbance, including without limitation, shouting, playing of loud music or use of loud vehicles. There shall be no leaving of gates unlocked for other persons, and no open fires, except for hibachi-type grills. 6. There shall be no vehicular access along the shoreline. Parking areas at the shoreline will be marked and blocked off. Violation of [his provision is cause for immediate termination of access privileges. Fishing Access Rules dated Apri17, 2004 LA DER ALIA POINT - FLATS LIMIT: 2 CARS ' i- _ . . Kohoia Point PED SYRIAN ONLY B€YOND GA ,~r! _ _ ~~~.`ri~l'• gayokHlG BANK LOCK ALL GATES - i..J ~K na Poinr ° WHITE WATER I ' .\Q~ _ ~ ` 7/ ?SMALL ARCH ~ ~ URTLE BACK r Loea Point LOG i BANYAN J r pAKE GRAVEY . 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