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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, Hawaii County Code 1983 (2005 <br />Edition) the County Council finds the following condition is: <br />Necessary to prevent circumstances which may be adverse to the public health, safety <br />and welfare, or <br />Reasonably conceived to fulfill needs directly emanating from the land use <br />proposed with respect to: <br />Protection of the public from the potentially deleterious effects of <br />the proposed use, or <br />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 applicant, its successors or assigns shall be responsible for complying with all <br />of the conditions of approval of the Special Management Area Use Permit for the <br />subject property. <br />C. The proposed development within the subject property shall consist of a <br />maximum of fifty residential lots (not including roadway or other such common <br />area lots). Final Subdivision Approval of the proposed residential subdivision <br />within the subject property shall be secured from the Planning Director within five <br />(5) years from the effective date of this [erdinanee]amendment. <br />-4- <br />