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4. 270° 00' <br />210.50 feet along a portion of Lot 8, Grant 12,773 <br />to Margaret C. Adrian to the point of <br />beginning and containing an area of 21,050 <br />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, Hawai`i County Code 1983 (2005 <br />Edition), 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, 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 registered engineer, and a water commitment deposit in <br />accordance with the "Water Commitment Guidelines Policy" to the Department <br />of Water Supply within ninety days from the effective date of this ordinance. <br />C. Construction of the proposed development shall be completed [within five (5) <br />years from the effective date of this ordinancc]by June 5, 2013. Final Plan <br />Approval by the Planning Director in accordance with the Zoning Code shall be <br />secured by the applicant prior to the commencement of construction. <br />-2- <br />