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AGREEMENT <br /> THIS AGREEMENT, made, executed, and delivered this day of <br /> <br /> May 2006, by and between INNOVATIONS PUBLIC CHARTER SCHOOL <br /> <br /> FOUNDATION, a Hawaii non-profit corporation organized and established pursuant to <br /> <br /> the provisions of the Hawaii Revised Statutes and sect. 501(c)(3) of the Internal Revenue <br /> <br /> Code, hereinafter called the "Buyer", whose address is 76-147A Royal Poinciana Drive, <br /> Kailua-Kona, Hawaii 96740 and Puaa Development, LLC and Suffolk Investment, LLC, <br /> <br /> both Hawaii limited liability companies, hereinafter collectively called the "Seller", <br /> whose address is c/o 78-7021 Kewalo Street, Kailua-Kona, Hawaii 96740: <br /> WITNESSETH: <br /> WHEREAS, County of Hawaii Ordinance Number OS 113 and Ordinance <br /> <br /> Number OS 115, attached hereto as EXHIBITS "A" and "B" and hereinafter referred to as <br /> <br /> "ordinances", rezoned two contiguous parcels of land identified by TMK: (3) 7-5-17: 1 <br /> <br /> and 19, Puapua'anui 15`, North Kona, Island of Hawaii, State of Hawaii for the purpose <br /> <br /> ofdeveloping amultiple-family residential and neighborhood commercial complex; <br /> WHEREAS, Condition U of Ordinance Number OS 113 and Condition V of <br /> Ordinance Number OS 115, which aze identical, outlined a process for the development <br /> <br /> and use of 5 acres of land within TMK: 7-5-17: 19 and/or TMK: 7-5-17: 23 for a school; <br /> WHEREAS, as part of this process, the applicant was required to solicit the input <br /> <br /> of the community and the Hawai i County Council to determine which government <br /> <br /> agency or entity would be the recipient and operator of this school site; <br /> <br />