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The applicant solicited input of the State Department of Education <br />("DOE"), County Council, and community. This resulted in a letter, <br />dated May 17, 2006 from the applicant to the County Council <br />transmitting a copy of a draft conveyance agreement of the proposed 5 <br />acres school site to the Innovations Public Charter School Foundation <br />("Innovations"). (Exhibit F). At its meeting of July 7, 2006, the <br />County Council approved the proposed agreement. <br />The condition then required the land to be conveyed prior to issuance <br />of a building permit for either the proposed neighborhood shopping <br />center or a residential project on the subject site. However, because of <br />the 2008 recession, the proposed project could not get off the ground. <br />As such,, although tentative subdivision approval for the 5 -acre site was <br />granted, it was never finalized. Infrastructure improvements such as <br />access and water system,had, to be made as part of the subdivision <br />process; and these required improvements would normally have been <br />done together with the development of the commercial and/or <br />residential project. ' As such, because the land was never subdivided, <br />the conveyance to Innovations did not happen. <br />In the meantime, Innovations elected to consolidate its campus on the <br />mauka side of the Queen Ka'ahumanu Highway, north of Hualalai <br />Road. <br />As such, the applicant is requesting that this condition be -deleted in <br />its entirety. <br />W. If the applicant... develop residential units on the subject property, <br />the applicant shall make its fair share contribution to mitigate the <br />potential regional impacts of the project with respect to parks and <br />recreation, fire, police, solid waste disposal facilities and roads. <br />The fair share contribution shall become due and payable prior to <br />receipt of Final Plan Approval. The fair share contribution for each <br />lot shall be based on the actual number of residential units <br />developed. The fair share contribution in a form of cash, land, <br />facilities or any combination thereof shall be determined by the <br />County Council. The fair share contribution may be adjusted <br />annually beginning three years after the effective date of the <br />amendment to the ordinance, based on a percentage change in the <br />Honolulu Consumer Price Index (HCPI). The fair share contribution <br />shall have a maximum combined value of $6,206.06 per multiple <br />family residential unit ($9,671.44 per single family residential unit). <br />The total amount shall be determined by the actual number of units <br />according to the calculation and payment provisions set forth in this <br />condition. The fair share contribution per multiple -family residential <br />unit (single-family residential unit) shall be allocated as follows: <br />16 <br />