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Home My WebLink AboutCOM 0106.083 2004-2006 SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits E-mail: sidfuke@verizon.net • Environmental Reports May 17, 2006 Honorable Stacy Higa, Chairman and members of the Council HAWAII COUNTY COUNCIL 25 Aupuni Street Hilo, HI 96720 Dear Honorable Stacy Higa and members of the Council: Subject: Puaa Development, LLC and Suffolk Investment, LLC Draft School Agreement -Ord. Nos. 05-113 and OS-115 TMK: 7-5-17: 1 & 19 Pursuant to the referenced ordinance and the action of your Planning Committee at its meeting of March 21, please find enclosed a draft of a conveyance agreement for your review and approval. As you review this agreement, please note that the drag suggests that the land be conveyed in fee rather than leased to the Innovations Public Charter School Foundation. In the event the school use is terminated you will note that there is a reversion or divestment clause that mandates the transfer of the land and improvements thereon, free of any encumbrances or debts, within 30 days of such termination to the County of Hawaii. The County would then be in a position to utilize the site for whatever purposes it deems appropriate. I am also enclosing a copy of the Innovations Public Charter School Foundation's mission statement. This should give you some idea of its financial goals in making the school a successful one. Please feel free to contact me when this matter comes up for review. We will again have representative(s) of Puaa Development, LLC and Suffolk Investment, LLC and the Innovations Public Charter School present to answer any questions. Thank you very much. 'ncerely, `//~~~~1t VV ~ SI N Y M. FUKE Planning Consultant Enclosures Copy - Mr. Brian Cook w/o enclosures Ms. Kate Jacobson, Innovations Public Charter School w/o enclosures 1 Comm. No. / 0 3 Ref. To: Ref. L`a7e Innovations Public Charter School Foundation 75-5815 Queen Ka'ahumanu Hwy, Kailua-Kona, HI 96740 808-327-6205 www.IPCS.info MISSION STATEMENT Innovations Public Charter School Foundation, is a tax free, not-for-profit, 501(c)(3), corporation formed in 2003 to encourage and accept gifts and endowments which advance the priority needs of Innovations Public Charter School. Funds generated are used to assist in capital and operational projects. The foundation offers atax-free avenue for donations, gifts, and bequests, which are administered in a manner consistent with the wishes of the benefactors. Our Mission The mission of Innovations Public Charter School Foundation is to provide a vehicle to build, over time, substantial endowed funds through contributions both large and small of individuals, families, and organizations for the purpose of relocating the school to a new site, sustaining that site and providing support for the school's curriculum and programs. The IPCS Foundation fulfills its mission by: o Raising awareness and funds for capital improvements and site relocation through special events, grants and through education and publicity about planned giving. o Attracting donors of philanthropic funds, either in the form of permanent endowments or one-time contributions. o Maintaining the purchasing power of funds entrusted to the Foundation while achieving maximum returns consistent with prudent investment. o Making wise and effective distributions to meet the school's needs while respecting specific directions of donors. o Providing leadership to the school in identifying problems, opportunities, and appropriate responses. AGREEMENT THIS AGREEMENT, made, executed, and delivered this day of May 2006, by and between INNOVATIONS PUBLIC CHARTER SCHOOL FOUNDATION, a Hawaii non-profit corporation organized and established pursuant to the provisions of the Hawaii Revised Statutes and sect. 501(c)(3) of the Internal Revenue Code, hereinafter called the "Buyer", whose address is 76-147A Royal Poinciana Drive, Kailua-Kona, Hawaii 96740 and Puaa Development, LLC and Suffolk Investment, LLC, both Hawaii limited liability companies, hereinafter collectively called the "Seller", whose address is c/o 78-7021 Kewalo Street, Kailua-Kona, Hawaii 96740: WITNESSETH: WHEREAS, County of Hawaii Ordinance Number OS 113 and Ordinance Number OS 115, attached hereto as EXHIBITS "A" and "B" and hereinafter referred to as "ordinances", rezoned two contiguous parcels of land identified by TMK: (3) 7-5-17: 1 and 19, Puapua'anui 15`, North Kona, Island of Hawaii, State of Hawaii for the purpose ofdeveloping amultiple-family residential and neighborhood commercial complex; WHEREAS, Condition U of Ordinance Number OS 113 and Condition V of Ordinance Number OS 115, which aze identical, outlined a process for the development and use of 5 acres of land within TMK: 7-5-17: 19 and/or TMK: 7-5-17: 23 for a school; WHEREAS, as part of this process, the applicant was required to solicit the input of the community and the Hawai i County Council to determine which government agency or entity would be the recipient and operator of this school site; WHEREAS, at the Mazch 21, 2006 meeting of the Planning Committee of the Hawaii County Council, the Committee did not object to the Seller's recommended selection of the Buyer as the recipient; and WHEREAS, this Agreement is designed to outline the respective responsibilities and obligations of the Buyer and Seller in accordance with the terms of the Ordinances. NOW, THEREFORE, IT IS HEREBY AGREED, by and between SELLER and BUYER as follows: SELLER agrees to do the following Prior to the issuance of a building permit for any residential or commercial structures on TMK: 7-5-17: 02 and 19: I. Identify and subdivide 5 acres of land within TMK: 7-5-17: 19 and/or TMK: 7-5-17: 23 for the purpose of this school. 2. Prepare the appropriate construction plans, secure the required governmental permits, and subsequently construct the necessary infrastructure to the site, including vehiculaz access and utility systems, and as will be more fully described in a Development Agreement between the parties hereto. 3. Transfer to INNOVATIONS PUBLIC CHARTER SCHOOL FOUNDATION the above-described 5 acres of land in "Fee Simple Subject to Divestment to the County of Hawaii" for the sum of $1.00 U.S. Prior to the issuance of a Certificate of Occupancy for any commercial structures or Final Inspection Permit for any residential structures on TMK: 7-5-17: 02 and 19, Seller agrees to do as follows, as will be more fully described in a Development Agreement between the parties hereto: 1. Work with the Buyer in developing a site master plan of the 5-acre school site. 2. Pursuant to the master plan, prepare the appropriate construction plans, secure the required governmental permits, and subsequently construct or make the appropriate on-site land improvements. 3. Prepare the appropriate building plan(s), secure the associated and required governmental permits, and subsequently construct or cause the construction of up to $600,000 U.S. of building (vertical) or structural improvements as may be mutually agreed to between the Seller and Buyer. BUYER I . Shall cooperate fully with the Seller in the implementation of this agreement. 2. Shall operate a responsible and financially-solvent public-charter school and provide annual reports of its operations and plans to the Seller or the County of Hawaii, as will be more fully set forth in a Development Agreement between the parties hereto. 3. INNOVATIONS PUBLIC CHARTER SCHOOL FOUNDATION shall hold title to the subject property for the sole benefit of INNOVATIONS PUBLIC CHARTER SCHOOL. 4. Buyer agrees to keep Seller reasonably apprised of liens, mortgages and encumbrances placed upon the property by Buyer, and to give Seller reasonable opportunity to make objection thereto, as will be more fully set forth in a Development Agreement between the parties hereto. It is understood and agreed to by the Seller and Buyer that, should the school use of the subject property be terminated for any reason, the land and the improvements thereon shall automatically divest to the County of Hawaii in fee simple, free of all encumbrances and liabilities that have a material adverse effect upon the value of the property. Buyer and Seller shall be jointly and severally responsible to the County of Hawaii for ensuring that the subject property is transferred to the County of Hawaii free of such encumbrances and liabilities. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and yeaz first above written. BUYER SELLER INNOVATIONS PUBLIC CHARTER SUFFOLK INVESTMENTS, LLC SCHOOL FOUNDATION A Hawaii Limited Liability Company By: BRIAN R. COOK DEVELOPMENT, INC. By: Bazbaza Woerner Its Authorized Agent Date: By: Brian R. Cook Its Authorized Agent Date: PUA'A DEVELOPMENT, LLC A Hawaii Limited Liability Company By: BRIAN R. COOK DEVELOPMENT, INC. By: Brian R. Cook Its President and Authorized Agent Date: