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COUNTY OF HAWAI`I OFFICE LEASE AGREEMENT <br /> This LEASE AGREEMENT, made this day of , 2012, by <br /> and between the WATER BOARD OF THE COUNTY OF HAWAI`I, whose mailing address is 345 <br /> Kekuanaoa Street,Suite 20,Hilo, Hawaii 96720 (hereinafter referred to as"Landlord"or"Lessor"), <br /> and the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal <br /> place of business and mailing address is 25 Aupuni Street, Hilo,Hawaii 96720(hereinafter referred <br /> to as"Tenant"or"Lessee"). <br /> 1. Grant. In consideration of the rents,covenants,and agreements hereinafter reserved and <br /> contained and on the part of the Tenant to be observed and performed,the Landlord demises <br /> and leases to the Tenant,and Tenant rents from the Landlord,the following for use as an <br /> office space for the Tenant: <br /> Those certain premises consisting of approximately 8,880 square feet of lower level <br /> office space being 3,273 square feet of the Hamakua wing and 5,607 square feet of the <br /> Ka`u wing, situated at Waiakea Office Plaza, 345 Kekuanaoa Street, Hilo, Hawaii <br /> 96720 in the District of South Hilo,County and State of Hawaii,and identified as Tax <br /> Map Key: (3)2-2-030-015(hereinafter"the premises")and described in Exhibit A. <br /> Together with the full right of access to said premises over, across, and <br /> through any alleys,common entrances, lobbies, stairways,halls, and corridors <br /> in or around said building. <br /> 2. Use. The premises shall be utilized as office space for the County of Hawaii. <br /> 3. Term. The term of this Lease Agreement and the Tenant's obligation to pay rent and other <br /> charges hereunder,shall be a ten year term starting August 1,2012 or when the Improvements <br /> are completed but in no event later than July 1,2013. At least ninety(90)days prior to the end <br /> of the term Tenant shall notify Landlord of their intent to exercise the option for a second ten <br /> (10)year term at a rental rate to be negotiated. <br /> 4. Delivery of Possession. Tenant shall be given occupancy of the premises upon execution of <br /> this Lease Agreement. If the Landlord,for any reason,cannot deliver possession of the <br /> demised premises to the Tenant at the commencement of the Lease Agreement term,as <br /> specified above,this Lease Agreement shall not be void or voidable,unless the Tenant elects <br /> to terminate the lease by giving notice in writing. <br /> 5. Quiet Enjoyment. Landlord agrees that upon payment by the Tenant of the rent and other <br /> charges herein provided and upon the faithful observance and performance of all the <br /> covenants,terms,and conditions in this Lease Agreement on the part of the Tenant to be <br /> observed and performed,the Tenant shall peaceably and quietly hold and enjoy the leased <br /> premises for the term of this Lease Agreement without hindrance or interruption by the <br /> Landlord or any other person or persons lawfully or equitably claiming by,through,or under <br /> the Landlord. <br /> -2- <br />