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All as shown on the map attached hereto, marked Exhibit "A" and by reference made <br /> 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 may be adverse to the public <br /> health, safety and welfare; or <br /> (2) Reasonably conceived to fulfil] needs directly emanating from the land use <br /> proposed with respect to: <br /> (A) Protection of the public from the potentially deleterious effects of the <br /> proposed use, or <br /> (B) Fulfillment of the need for public service demands created by the <br /> proposed use. <br /> A. The applicant, successors or assigns shall be responsible for complying with all of <br /> 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" within <br /> ninety (90) days from the effective date of this ordinance. Comply with all <br /> requirements of the Department of Water Supply regarding potable water. <br /> C. Final Subdivision Approval of the proposed subdivision within the proposed single <br /> family residential zoned area shall be secured from the Planning Director within five <br /> (5) years from the effective date of this ordinance. <br /> D. The project, including the provision of public accesses to and along the shoreline, <br /> limitation on the number of dwellings in the RS zone, and furnishing of water to the <br /> lots, shall be completed in substantial compliance with the Settlement Agreement <br /> dated April 12, 2002. The applicant shall submit the applicable public access <br /> easement or declaration documents to the Planning Director for recordation at the <br /> Bureau of Conveyances within 180 days of the effective date of this ordinance. The <br /> 5 <br /> <br />