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June 28, 2005 Page 2 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 he terminated fir any reason, the land oral improvements (hereon shall be conveyed in ee m the County ajhawaii at no cost within shirt 3U) days ofthe date ofterminntion. LVithin sixty (60) days of the identification ofthe receiving agency or entity, a draft of an agreement reflecting the terms outlined in this ordinance, shall he suhmitted to the Coun[V Gannett for its revieH~ lets-r~wJ and approval. As further represented by the applicant, the applicant, succese~or,r, or assigns shall, I) prior ro the issuance ofa building permit for any residential or commercial structures nn the suhjec[ site, a) subdivide and dedicate or cause the dedication of5 acres of land within the ZMK 7-~-17: 19 nncL'or T M K 7-5-17 Z3 Jnr a school site to the State DOF. or aDOE-certified "public charter": and h provide the necessary infrastructure mthe sire, including vehicular access and utility systems; and 2) prior to the issuance ofa Certificate gfOccupancyJbr any residential structures nn the subject site, make die nece,csarv on-site Land improvements for the school and ass~ocia[ed playground area, as well ns' construct or cause the enn.clruetion qf~ [o $60Q000 gfhuilding or structural improvements a.c may be mutually agreed [o between the applicant and the receiving uger¢cy or colts t~. These inrpro vements are designed to,facilita[e the opening ofa school prior [o the occupancy many residential structures' nn the sahjcct properly- 2. An editorial change to Condition "W": W /n lieu gJpaying the fair share contribution, doe applicant may contribute land andior construct improvemere[s/facilities related to parks and recreation, fire, police, solid waste disposal,faci[ities and roods within the region impacted by the proposed development, subject to the review and recommendatinrt of [he Planning Director, upon consultation with the appropriate agencies oral approval of7he County Council. Imp~~ovemenls to [he drainage as it crosses under Kuakini highway, the road improvements ai doe Kuakini highwcry intersection, and the mauka/makai spine road up to the entrance of the proposed rental housing project shall be credited against die road fan' share- Relative rothe rc yuirernents fbr the school as outlined in Condition U, the value of the land whid7 shall be haled on the per acre purchase cost of the uppG~canl the cos[ of the infrastructure (road and utlity) to the subject site, and the cost ofsite preparation for the school and playground urea shall be credited against the park and recreation fair share. The construc/ran of any structures on the subject site shall he credited againe~t [he balance, if any, of the park and recreation fair share of this ordinance and/or any,future park and recreation fair share requiremeru for T.M.K. 7-5-17' 23 and 26-" ICyou have any questions, regarding this measure, please do not hesitate to contact one of us. Att. PH/KAP/smc