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<br /> <br /> <br /> <br /> SECOND EXTENSION AND AMENDMENT OF <br /> KEALAKEKUA BUSINESS PLAZA LEASE <br /> (Prosecutor's Office) <br /> <br /> THIS SECOND EXTENSION AND AMENDMENT OF LEASE (this "Amendment") is <br /> made as of this May 1", 2008 between HAWAIIAN STATE ENTERPRISES, LIMITED, a <br /> <br /> Hawaii corporation, whose principal place of business is c/o Marcus & Associates, Inc., One <br /> Main, 2200 Main Street, Wailuku, Hawaii 96793 (hereinafter "Landlord"); and COUNTY OF <br /> HAWAII, whose principal place of business 25 Aupuni Street, Hilo, Hawaii 96720 (hereinafter <br /> "Tenant".). <br /> <br /> A. BACKGROUND. <br /> <br /> 1. The Landlord, as lessor and Tenant, as lessee, entered into that certain <br /> unrecorded Lease Agreement between the parties dated July 3, 2001 (the "Original Lease") for a <br /> term of five (5) years, with a rent commencement date of July 1, 2001, expiring on June 30, <br /> 2006, and covering approximately 6,432 square feet of finished office space. <br /> 2. Under that certain Extension and Amendment of Kealakekua Business Plaza <br /> Lease dated July 1, 2006 (the "First Amendment") the Landlord extended the Lease for five (5) <br /> years through June 30, 2011 and added to the Premises defined in Section 1.1 of the Lease an area <br /> of 1,450 square feet (the "Expansion Space") so that the area of the Premises would increase from <br /> 6,432 to 7,882 square feet. A new rent schedule was provided. The Original Lease, as amended <br /> <br /> by the First Amendment is referred to here as the "Lease". <br /> 3. The Expansion Space was not completed and incorporated into the Lease until <br /> May 1, 2008 notwithstanding the date of July 1, 2006 given in the First Amendment. <br /> <br /> 4. Landlord has advanced Tenant improvement funds of $217,650 to Tenant to be <br /> financed on a ten-year amortization schedule and to be repaid by Tenant over the term of the Lease, <br /> as amended by this Amendment. <br /> <br /> 5. Landlord and Tenant wish to enter this Amendment to amend the Lease to extend <br /> the Term, to revise the rental schedule, and to change the incorporation date of the Expansion Space. <br /> <br /> <br /> B. AMENDMENT OF LEASE AND AGREEMENT. In consideration of the <br /> mutual covenants and agreements contained in the Lease and in this Amendment, Landlord and <br /> Tenant hereby agree as follows: <br /> <br /> 1. Extension of Term. The term of the Lease is hereby extended from <br /> June 30, 2011 to June 30, 2013, unless sooner terminated as provided in the Lease. The term <br /> "lease year" as used in this Amendment refers to each July 1" through June 30th year. <br /> <br /> 2. Expansion Space. The Lease is hereby amended to incorporate the <br /> Expansion Space as part of the Premises as of May 1, 2008. The First Amendment provided for <br /> such incorporation on~July 1, 2006, but that did not occur. The Expansion Space is depicted and <br /> defined by the drawing or plan attached hereto as Exhibit "A" to the First Amendment. <br /> <br /> ImanageDB:900373.1 <br />