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All as shown on the map attached hereto, marked Exhibit "A" and by reference <br />made 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 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. Prior to the issuance of a water commitment by the Department of Water Supply, <br />the applicant shall submit the anticipated maximum daily water usage calculations <br />as recommended by a professional engineer, licensed in the State of Hawaii, and a <br />water commitment deposit in accordance with the "Water Commitment <br />Guidelines Policy" to the Department of Water Supply within 180 days from the <br />effective date ofthis ordinance. <br />C. Construction of the proposed development shall be completed within five (5) <br />years from the effective date ofthis ordinance. Prior to construction, the <br />applicant, successors or assigns shall secure Final Plan Approval for the proposed <br />development from the Planning Director in accordance with Section 25-2-70, <br />Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing <br />-2- <br />