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4. 270° 00' 180.50 feet along the south side of Kekuanaoa <br /> Avenue; <br /> 5. Thence along the south side of Kekuanaoa Avenue on a curve to the right with a <br /> radius of 30.00 feet, the chord azimuth and <br /> distance being: <br /> 315° 00' 42.43 feet <br /> to the point of beginning and containing an <br /> AREA OF 124,002 SQUARE FEET. <br /> 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, Hawaii County Code, the County <br /> <br /> Council finds the following conditions are: <br /> (1) Necessary to prevent circumstances which maybe 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, its successors or assigns shall be responsible for complying with all <br /> of the stated conditions of approval. <br /> B. The required water commitment payment shall be submitted to the Department of <br /> Water Supply in accordance with its "Water Commitment Guidelines Policy" <br /> prior to Final Plan Approval for the proposed development(s). Prior to this <br /> payment, water calculations with anticipated maximum daily water usage as <br /> recommended by a registered engineer shall be submitted to the Department of <br /> Water Supply. The applicant shall install a backflow preventer (reduced pressure <br /> -2- <br /> <br />