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4. 2700 00' 00" 225.00 feet along the south line of Kekuanao`a <br />Street, 40 feet wide, to the Point of <br />Beginning, enclosing an area of <br />22,500 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, Hawaii 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 and <br />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 />(DWS), the applicant(s) shall submit the anticipated maximum daily water usage <br />calculations as prepared by a professional engineer licensed in the State of <br />Hawaii to the DWS. A water commitment deposit shall be paid to the DWS <br />within 180 days from the effective date of this ordinance in accordance with <br />Rule 5 of the Department of Water Supply's Rules and Regulations. The <br />applicant is responsible for maintaining valid water commitments to support the <br />proposed use until such time that required water facilities charges are paid in full. <br />-2- <br />