COM 1078.000 2018-2020 - Laserfiche WebLink

Home

such as a DOE -certified "public charter" school, would be the recipient of this school site. The school site and any improvements thereon shall be conveyed via, lease to the identified recipient for $1.00 for the duration of the lease, with the understanding that said entity or agency would be able to secure additional funds as may be necessary to have a school opened prior to or in conjunction with the issuance of a residential occupancy permit on the subject property. Further, should the school use be terminated for any reason, the land and improvements thereon shall be conveyed in fee to the County of Hawaii at no cost within thirty (30) days of the date of termination. Within sixty (60) days of the identification of the receiving agency or entity, a draft of an agreement reflecting the terms outlined in this ordinance shall be submitted to the County Council for its review and approval. As further represented by the applicant, the applicant ... shall 1) prior to the issuance of a building permit for any residential or commercial structures on the subject site, a) subdivide and dedicate or cause the dedication of 5 acres of land within T M. K. 7- 5-17: 19 and7or T. M. K. 7-5-17:.23 for a school site to the State DOE or a DOE -certified "public charter', and b) provide the necessary infrastructure to the site, including vehicular access and utility systems; and 2) prior to the issuance of a Certificate of Occupancy for any residential structures on -the subject site, make the necessary on-site land improvements for the school and associated playground area, as well as construct or cause the construction of up to $600, 000 of building or structural improvements as may be mutually agreed to between the applicant and the receiving agency or entity These improvements are designed to facilitate the opening of a school prior to the occupancy of any residential structures on the subject property. The applicant solicited input of the State Department of Education ("DOE"), County Council, and community. This resulted in a letter, dated May 17, 2006 from the applicant to the County Council transmitting a copy of a draft conveyance agreement, of the proposed 5 acres school site to the Innovations Public Charter School Foundation ('61nnovations"). (Exhibit F) At its meeting of July 7, 2006, the County Council approved the proposed agreement. The condition then required the land — which is situated on the adjoining parcel immediately makai of the subject site - be conveyed prior to issuance of a building permit for either the proposed neighborhood shopping center or a residential project on the subject