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Pete Hq~Jinann ,,.+os,, K Angel Pilaga Courrcilnaerraber 8,~.~'~~'~ ~ CaAncilmember District 9 - Norll~ and South Koha[a District 8 - ,north Kana Phone No.: (808) 887-2043 Phone No.: (808)327-364? Fax No.: (808) 887-207? o.•A.+~~ Fax No.: (808) 329-4786 E-Mail: phoffmann~~co.hawaii.hi.us E-Mail: kapilago~ilco.hawaii.hi.us HAWAII COUNTY COUNCIL Courtry of Hawai `i ,tune 28, 2005 TO: Stacy K. Higa, Chair, and Counci Members PROM: Pete I loffmann, Co-Chairman - Committee on Planning " K. Angel Pilago, CaChairman~ Committee on Planning 3F~ RE: Proposed Bill No. 33. Draft 3 - Puaa Development, LLC This is to transmit Bill 32, Draft 3, which is the result ofthe discussion at the Planning Committee meeting of tune 14, 2005, arnendmcnts as follows: I . Amend New Condition "V": As discussed at the Planning Committee, this amendment is designed to a) clarify that the land and all improvements thereon would be deeded to the County within 30 days of termination of the school use. This would be done by having the land leased, and not conveyed, in fee to the State DOE or the designated entity for $1 for the life of the lease; and further, upon termination of the school use, the landowner would dedicate this land and any improvements thereon to the County of Hawaii; b) expand the potential use ofthe 5-acre land to also include recreational and other County activities; and c) make clear that the Council must approve o1 the agreement between the landowner and the DOE or the selected entity. It would be possible for the land to be deeded directly to the County, who, in turn, could lease it to the DOE or the designated entity. However, it was felt that having the developer, rather than the County, directly enter into a lease would be more expedient at this stage. Furthermore, the County would still have the ability to make changes or impose protective restrictions, as it must still review and approve of the agreement between the landowner and the selected entity. V. As repre.cenled ht' the applicant, within ninety (90) days after the effective dale of this ordinance, the applicant sha11 solid! the input gj7he State Department gfEducation (DOEJ, communi[v, and ('aunty Council to determine which governnaent agency or entity, such as a DO&certiJied "public charter" school, would he the recipirn! of this school cite. %he school site and any impruvernrnts /hereon shall he convened via lease [rot~eeJ to the identified recipient for $L00 /or the duration n the lease, with the artderstanding [hut said entity or agency would he able to secure additional / Comm. No. 07'3 \ 3 ~Q Q 3:~ , 1~~ 3 ~ Ref. To: ~reseatro.d Ref. Uate ,IUN 1 4 Hnwai'i County /s An Equuf Opportunlly Provider And Employer