ORD 2005-115 2004-2006 - Laserfiche WebLink

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V. As represented by the applicant, within ninety (90) days after the effective date of this ordinance, the applicant shall solicit the input of the State Department of Education (DOE), community, and County Council to determine which government agency or entity, such as a DOE-certitied "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 he 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 he 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, successors, or assigns 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 the T.M.K. 7-5-17: 19 and/or T.M.K. 7-5-17:23 for a school site to the Slate DOI? or a DOE-ccrtilied "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. -12-