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American Board of Commissioners <br /> for Foreign Missions to the point of <br /> beginning and containing an area of <br /> 3.240 acres. <br /> All as shown on the map attached hereto, marked Exhibit "A" and by <br /> reference made a part hereof. <br /> SECTION 5. Section 1 of Ordinance No. 09-049 is repealed. <br /> SECTION 6. Section 1 of Ordinance No. 09-050 is repealed. <br /> SECTION 7. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016 <br /> Edition, as amended),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, successors, or assigns shall be responsible for complying with all of the <br /> stated conditions of approval. <br /> B. [The required water commitment payment shall be submitted to the <br /> Department of Water Supply in accordance with its "Water Commitment <br /> Guidelines Policy"within one hundred eighty(180)days from the effective date <br /> of this amendment.] Prior to the issuance of a water commitment by the <br /> Department of Water Supply (DWS), the applicant shall submit the anticipated <br /> -6- <br />