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Department of Land and Natural Resources — State Historic <br />Preservation Division (DLNR-HPD) shall be immediately notified. <br />Subsequent work shall proceed upon an archaeological clearance <br />from the DLNR-HPD when it finds that sufficient mitigative <br />measures have been taken. <br />This requirement will be adhered to by the Applicant and its <br />contractors. <br />V. As represented by the applicant, within ninety (90) days after the <br />effective date of this ordinance, the applicant shall solicit the input <br />of the State Department of Education (DOE), community, and <br />County Council to determine which government agency or entity, <br />such as a DOE -certified "public charter" school, would be the <br />recipient of this school site. The school site and any improvements <br />thereon shall be conveyed via lease to the identified recipient for <br />$1.00 for the duration of the lease, with the understanding that said <br />entity or agency would be able to secure additional funds as may <br />be necessary to have a school opened prior to or in conjunction <br />with the issuance of a residential occupancy permit on the subject <br />property. Further, should the school use be terminated for any <br />reason, the land and improvements thereon shall be conveyed in <br />fee to the County of Hawaii at no cost within thirty (30) days of the <br />date of termination. <br />Within sixty (60) days of the, identification of the receiving agency or <br />entity, a draft of an agreement reflecting the terms outlined in this <br />ordinance shall be submitted to the County Council for its review <br />and approval. <br />As further represented by the applicant, the applicant... shall 1), prior <br />to the issuance of a building permit for any residential or <br />commercial structures on the subject site, a) subdivide and <br />dedicate or cause the dedication of 5 acres of land within T. M. K. 7- <br />5-17. 19 and/or T.M.K. 7-5-17:23 for a school site to the State DOE <br />or a DOE -certified "public charter'; and b) provide the necessary <br />infrastructure to the site, including vehicular access and utility <br />systems, and 2) prior to the issuance of a Certificate of Occupancy <br />for any residential structures on the subject site, make the <br />necessary on-site land improvements for the school and associated <br />playground area, as well as construct or cause the construction of <br />up to $600, 000 of building or structural improvements as may be <br />mutually agreed to between the applicant and the receiving agency <br />or entity These improvements are designed to facilitate the <br />opening of a school prior to the occupancy of any residential <br />structures on the subject property. <br />15 <br />