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3. The Enacting clause is amended to read: <br /> "BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in <br /> accordance with Hawaii County Code Section 3-22(a), that the Application of Walmart Real <br /> Estate Business Trust, for a variance from Hawaii County Code Sections 3-58(a)(B)(5),. [and] 3- <br /> 58(c), and 3-59(a)(4) be, and hereby is, GRANTED, subject to the following conditions: <br /> 1. The variance shall allow for two wall signs substantially as represented in the <br /> Application as to size, design, location, construction and other material <br /> characteristics. <br /> 2. The variance shall run with the land and remain in force for so long as the <br /> Applicant or a successor shall continue its business at the Subject Property. <br /> 3. Should Applicant's business operations at the Subject Property cease, the variance <br /> shall terminate. <br /> 4. For other good cause, the variance may be terminated by resolution of the Hawai'i <br /> County Council, upon notice to the Applicant and adjacent tenants and hearing as <br /> would be required for an Application for a variance under the Hawaii County <br /> Code." <br /> In an effort to conserve resources, no draft copy of Resolution No. 186-11, Draft 2, is attached. <br /> DY/jdh <br />