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4. 275° 10' 1,074.18 feet along Lot 5 of Block 9 of Kaloko <br /> Mauka Subdivision, Increment 2(File <br /> Plan 1010)to the point of beginning and <br /> containing an area of 20.254 Acres. <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,the County <br /> 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 applicants,its successors or assigns shall be responsible for complying with <br /> all of the stated conditions of approval. <br /> B. The applicants, successors or assigns shall be responsible for complying with all <br /> requirements of Chapter 205,Hawaii Revised Statutes, relating to permissible <br /> uses within the State Land Use Agricultural District. <br /> C. The applicant shall submit the required water commitment payment to the <br /> Department of Water Supply in accordance with its "Water Commitment <br /> Guidelines Policy"within ninety(90)days from the effective date of this change <br /> of zone. <br /> D. Final Subdivision Approval of the proposed agricultural subdivision shall be <br /> secured from the Planning Director within five(5)years from the effective date of <br /> this ordinance. The applicant shall reserve the following easements and special <br /> -2- <br />