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Home My WebLink AboutCOM 0853.051 2010-2012 / `I - '8i2 MEMORANDUM OF AGREEMENT PAPA'IKOU MILL BEACH ACCESS, Location Papa'ikou Mill Trail and Beach Access Parties Owner: Papa'ikou Landing Inc. and leaseholder SeaFarm Caretaker: Gatekeeper: Mill Surfer Team s-� Management Basic Image,Inc., a 501 (c)non-profit organization Partner: Mill Road Residents: Purpose To maintain a safe and secure access to beach at Papa'ikou which respects the Owner's privacy and well being, allows the public to utilize the trail during daylight hours, and with prior notice during evening hours for fishing, and which assures that the trail and surrounding areas will be maintained. The access is the current access located at the end of Mill Road and which traverses the edge of slope along the east and then north side of Kapue Stream. The purpose of this agreement is also to establish an interim agreement for use of the access which will be further refined with input from the community working group as defined below. Owner's Agreement 1. During the term of the agreement,Owner agrees to allow public use of the access during daylight hours (from sunrise to sundown),provided that Owner may keep access gated at all other times. 2. With 48 hours prior notice, use of the access during nighttime hours by fishermen. 3. Owner will assist in establishing a coded or combination lock gate entry which is shared with Caretaker, Gatekeeper, and persons who receive permission to enter access during evening hours. To prevent unpermitted entries, Owner may change code or combination from time to time, provided that Owner shall inform Caretaker and Gatekeeper immediately of any changes to code or combination. Comm. No. 0 p C-3• Ref. To: Ff C'I14-V-44 Ref. Date NOV 2 1 2012 4. In the event Owner notices Gatekeeper has not opened gate, Owner promises to open-no later than one hour after sunrise. 5. Owner will continue to keep the access and upper trail maintained. 6. Owner will bear all reasonable costs of maintaining the gate and locking mechanism. 7. Owner will participate in community working group of whom representatives will include Mill Road residents,Papa'ikou Community residents, and interested stakeholders. 8. Owner will furnish site for Rescue Tube placement at beach. Gatekeeper Responsibilities 1. Gatekeeper will exercise best efforts to open gate at sunrise, and to close gate at sundown. [Times of sunrise and sunset to be as published by the Hawaii Tribune- Herald.] Open and close times will be posted on the gate. 2. Gatekeeper will attempt to notify members of the public of the permitted hours of use, to keep the access and beach areas clean, and to abide by rules of use. 3. Gatekeeper shall assist Owner in supervising the public's compliance with rules and hours of use, and if necessary,will report information relating to violations of rules of use to Owner and to enforcement authorities immediately 4. Gatekeeper to assure that any lock or combination is not removed during daylight hours, and shall keep the code or combination confidential. Caretaker Responsibilities 1. Caretaker will undertake to maintain the access,by clearing vegetation and rubbish from time to time as needed. 2. Caretaker will encourage respect for the area. 3. Caretaker will hold Owner harmless from injuries to persons or property arising out Caretaker's activities and performance of the Agreement. 4. Caretaker will partner with the community to accomplish the goals of this Agreement.. Management Partner 1. Sponsor learning experiences for youth in Teach at the Beach programs. 2. Sponsor enriching experiences for community. 3. Core members with liability insurance will use power tools to clear land as necessary and name Owner as an additional insured under Caretaker's liability policy during the term of this Agreement. 4. Sponsor will support local community leaders in their efforts. Mill Road Residents While Mill Road Residents have no responsibility to oversee the enforcement of this Agreement, they agree that this agreement reflects a proper balance of interests and also respects the privacy and security of those who reside along Mill Road. Rules of Use Use of the access shall be subject to the following rules (adopted by the County for access locations which it owns or maintains): Warning Enter at your own risk Anyone violating these rules is trespassing and subject to the laws of trespass under section 708-814 of the Hawaii State statutes. 1.Entrance to this property allowed only when gate is open.Owner reserves the right to revoke permission to access this property to persons who violate these rules of use.Access is limited to respectful pedestrians for recreational purposes. 2.No parking on road or shoulder of Mill Road.It is a private road.Your vehicle may be towed. 3.No dogs or other animals. [HCC Planning Rules 21-6(a)(15)] 4.No wheels-bikes,strollers,ATVs,etc. [HCC 15-31] 5.No overnight use or camping.Be off property by 6:30 pm. ERRS 205,HCC 15-39,HCC Planning Rules 21-6(a)(13)] 6.No alcohol or drugs. [HCC 15-16] 7.No fires or fireworks. [HCC 15-13&HCC 15-10] 8.Stay off planted areas.Do not take or damage plants,fruit,flowers,or cuttings. [HCC 15-28(4)] 9.Stay away from all buildings and structures.Stay on path. [HCC Planning Rules 21-6(a)(4)&(6)] Persons who violate these rules of use will be provided a written notice, and if they continue to ignore or violate any rules,they will be prohibited from using the access. Term of Agreement This Agreement shall commence upon the execution of this Agreement and shall terminate upon the occurrence of any of the following events: A. The development of an alternative suitable access location. B. The violation of the terms of this Agreement by Owner, Caretaker or Gatekeeper, Management Partner provided that these parties shall endeavor to communicate frequently concerning any issues which arise concerning this Agreement, and provided further,that the parties may agree to replace a party or amend this agreement as may be appropriate under the circumstances. Community Involvement In the event of any dispute arising out of the public's use of the access,rules of use, abuse of access privileges,or operation of this agreement,the parties agree to make good faith efforts to resolve such dispute through meetings with members of the public who have complaints about such matters, and if necessary,mediation. Dated: rie/ 117 f9',2012(Papa'ikou,Hawaii) GATEKEEPER: MILL SURFER TEAM By: Its Representative CARETAKER: By ader MANAGEMENT PARTNER: BASIC IMAGE,INC. By: Keith Nehls, Its President PAPAIKOU&MILL ROAD RESIDENTS: am- dillP .r.� OWNER: PAPAIKOU LANDING I C./SEA FARMS By: Charlene Pric ett o Y he9v O J ,3.q •Q 4g (1: 4 , i . . . f f ..t ,aJ "y+ 1 .r �`d.�u �� tw �'�ir erT,gabkrt- ' _ `` 4k 'g F€ - 3' M V t ' ( '` '''''' 1,,‘,... g : •. �- 4 wig h t $ G .s, r e i au ' . 8 •- a C = ,, F.r f � ,, :'{ • , ,,,.„ ,,./.... f - , _. . ....., . ., ._ --.,..„. _ :. _. .... . . ., ,...-... .3, . , Y, 4. / - is • r, ... ..-+fix ( . 8~ Il' •� 4 'f, ` 3 r lei _r., t. s. 11. r . r E ` .. ''', . .- ;1 ''"'”"- , . '4 ' . : " ' :''' ' k 1 aw '4''' \ fir r t • tit+ '`� r ;.�' t. ft, .r.. _ ' : ¢ • • Y' 1 ,. 9 a 2 r '+ 4. ': , � t ~4 ° " # „ F • E� ;� i If '<c " ' ,' '\.." 'i , ....!,'!;,,, ... 4, ... , i , -', ,., .. . }) ,. fir" s' .j am. 1,/ s ki+ ,.�y -.,./:i', ','. 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