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Communication 106 <br /> Bill 30 <br /> Page 5 <br /> c. The agreement will also spell out that: <br /> 1) The land has to be conveyed by lease or fee, with access and utilities, prior to issuance of a <br /> building permit for any development within the proposed development area for $1 either in <br /> fee or lease; the school site and playground area, as well as up to $600,000 of building or <br /> structural improvements, as may be mutually agreed to between the entity and the applicant. <br /> These improvements have to be completed prior to issuance of occupancy permit for any <br /> portion of the rezoned area; <br /> 2) The selected entity has to commit to finding additional funds as may be necessary to be able <br /> to open up the school prior to or in conjunction with the issuance of a residential occupancy <br /> permit; and <br /> 3) If for any reason the school use is terminated, the land and improvements thereon would be <br /> conveyed to the County of Hawaii. The County, in turn, would be in a position to use the <br /> property for another school or for some other public purpose as it deems appropriate. <br /> "As represented by the applicatu within i2ineN(90) days after the effective date of7his ordinance [he <br /> apnltcant shall solicit the input of the State Department of Education (DOEI community and County <br /> Council [o determine n~hich government agency or entity such as a DOE-certtfied "public charter" <br /> school would be the recipient o this school stle. The school site and anv improvements thereon shall <br /> be conveyed via lease or fee to the identi ied recipient for $1.00 with the understanding that said_ <br /> enti ~ or ~ency would be able to secure additional funds as may be necessar~o have a school <br /> opened prior to or in conjunction with the issuance ofa residential oc~ancv permit on the suhiec( <br /> ro ert Further shozdd the school use be terminated for any reason the [and and improvements• <br /> thereon shall he conreved m dte Counter 'Hawai'i at nn cost. <br /> Within sixt 6y <br /> ( 01 day, ol~lhe identification of the receiving a~ncy or entity a draft ofan agreement <br /> re lectin the terms outlined in this ordinance shall be submitted to the County Council for its review <br /> us to ConslsleneV. <br /> As urtherTepresented by the upplican[ the applicant suc•c•essors, or assigns shall 1) prior [o the <br /> issuance ofa building permit for any residential or commercial structures on the subject site a) <br /> subdivide and dedicate or cause the dedication of5 acres ofland within the T.MK 7-5-IT 19 and/or <br /> T. M K ?-S-I ~ 23 fir a school site to the State DOE or a DOE-certi eel "public charter " ~ and bl <br /> provide the necessary infrastructure to the site including vehicular access and utility systems ~ and 2/ <br /> prior to the issuance o1 a Certircate ofOccupancy or anv residential structures on the subject sit <br /> make [he necessary on-.cite land improvements for the school and associated playground area as tivedl <br /> as construct or cause the construction ofto $600 000 ofbuilding or structural improvements as ma <br /> be mutuallygreed to between the applicant and the receiving agency or entity. These improvements <br /> are designed to facilitate the openingofa school prior to the occupancy ofany residential e7ructurea~ <br /> on the subJecl property. " <br /> <br /> 9. Amend Condition S to "V° with the followinc chances: <br /> This provision makes clear that certain off-site road work, because they have broader public <br /> benefit, will be credited against the applicant's fair share road requirement. <br /> Furthermore, since the school and its park area may also be used for public recreational and <br /> related purposes, the applicant's park and recreation fair share is being credited. To also increase the <br /> potential for making more improvements to this site, including the construction of school structures on <br /> the site. the value of the land will be determined using the applicant's purchase price and not at the <br /> time of conveyance when improvements and/or price escalation have occurred. Furthermore, since a <br /> maximum of $600,000 of structural improvements for the school site are being required of the <br /> applicant to facilitate the construction of a school, future tair share credit for the balance oFthc <br /> applicant's undeveloped properties would be given. <br /> PC REPORT NO. 25 <br /> <br />