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4. 135° 00' 14.14 feet, thence; <br /> 5. 180° 00' 78.00 feet along the easterly side of Laukapu Avenue <br /> to the point of beginning and containing an area <br /> of 11,771 square feet,more or less. <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 /> Necessary to prevent circumstances which may be adverse to the public health, safety <br /> and welfare; or <br /> (1) 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(s), 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 of <br /> Water Supply within 180 days from the effective date of this ordinance. <br /> C. The commercial use of the property shall be established (certificate of occupancy) <br /> within five (5) years from the effective date of this ordinance. Prior to <br /> establishment, the applicant, successors or assigns shall secure Final Plan <br /> -2- <br />