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All as shown on the map attached hereto, marked Exhibit "A" and by reference <br />made a part hereof. <br />SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983.(2016 <br />Edition, as amended), the County Council finds the following conditions are: <br />(1) Necessary to prevent circumstances which may be adverse to the public <br />health, safety and welfare; or <br />(2) Reasonably conceived to fulfill needs directly emanating from the land use <br />proposed with respect to: <br />(A) Protection of the public from the potentially deleterious effects of <br />the proposed use, or <br />(B) Fulfillment of the need for public service demands created by the <br />proposed use. <br />A. The applicant(s), its successor(s), or assign(s) ("Applicant") shall be responsible <br />for complying with all the stated conditions of approval. <br />B. A water commitment deposit shall be paid to the Department of Water Supply <br />(DWS) within 180 days from the effective date of this ordinance in accordance <br />with Rule 5 of DWS's Rules and Regulations. The Applicant is responsible for <br />maintaining valid water commitments to support the proposed use until such time <br />that required water facilities charges are paid in full. <br />-2- <br />