HomeMy WebLinkAboutRES 366 Draft 01 1988-1992COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION
WHEREAS, Section 10-11 of the County Charter requires that any
contract, lease, or other obligation requiring payment of funds from
the appropriations of a later fiscal year or more than one fiscal
year be approved by resolution; and
WHEREAS, the County of Hawaii desires to lease office space of
approximately 6,432 square feet in the Central Kona Center,
Kealakekua, Hawaii; and
WHEREAS, the Office of the Prosecuting Attorney, West Hawaii
Branch, will occupy said space at the cost of $11,127.36 a month; and
WHEREAS, the County wishes to enter into a multi-year lease with
K-29-3 Partners for five (5) years ending on June 30, 1996,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII THAT sufficient funds be budgeted in future years to cover
the obligations of the County under said lease agreement.
DATED: Hilo, Hawaii, September 4, 1991
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL
of the County of Hawaii on September 4 , 1991
ATTEST:
r ~
~~~~~~i~ ~--~
l°~ COUNTY CKERK AIRMAN & PRESI ING OFFICER
ROLL CALI. VOTE
AYES NOES ABS EX
ARAKAKI
DE LIMA
DOMINGO _
HALE X
KOKUBUN X
LAI
MAKUAKANE X
RUDDLE X
SCHUTTE X
9 0
Reference Comm. 2776/FC~128
RESOLUTION NO. 3FiF1 9Z.
TZTLE DOCUMENT:
LEASE AGREEMENT
THIS IDENTURE OF LEASE made this day of
19 by and between K-29-3 PARTNERS,
a Hawaii limited partnership, whose principal place of
business is ,
hereinafter called "Lessor" and the COUNTY OF HAWAII,
hereinafter called "Lessee", whose principal place of business
is
W I T N Fem. ,$ ,~ E T H
ARTICLE I
DEMISE
Section 1.1 Premises. Lessor does hereby demise and
lease to Lessee, pursuant to Section 171-30, Hawaii Revised
Statutes as amended, and Lessee does hereby hire and lease from
the Lessor the following described property, hereinafter called
the "premises", subject to the following terms, covenants,
and conditions:
All of that certain 6,432 square feet of
finished office space located in the
Central Kona Center, Kealakekua-Kona,
Hawaii, designated in red in the floor
plan attached hereto as Exhibit "A" and by
reference incorporated.
Together with the full right of access to
said premises in common with others over,
across and through any alleys, common
entrances, lobbies, stairways, halls, and
corridors in or around said building, and
use of the common area with the lessees of
the building subject to the rules and
regulations which may be adopted by the
Lessor.
Section 1.2 Term. The term of this lease and
Lessee's obligation to pay the rent hereunder shall commence
upon the earlier of the following dates:
(a) Upon the date Lessor notifies Lessee
that the premises are ready for occupancy
The premises shall be deemed ready for
occupancy when the improvements described
by the plans and specifications prepared
by Thomas Tibbles, `AIA, and previously
approved and initialled by the parties
shall be substantially completed and the
premises are in such condition as to
permit Lessee to enter thereon; or
(b) Upon the date that Lessee takes
possession or occupancy of the premises.
The lease shall terminate on June 30, 1996.
Section 1.3 Completion of the Premises and
Construction Obligation. Lessor has commenced and will
diligently pursue to completion the construction of the
demising walls, lessee improvements, fixtures and furnishing
in accordance with the architectural plans and
specifications referred to herein. If Lessor shall fail to
2
complete the construction and installation of improvements
and finishes on or before , 19 and
said failure is not the result of a force majure as defined
in Section 8.6, then either party shall have the option of
cancelling this lease upon written notice to the other.
Upon such cancellation, neither party shall have any
liability to the other for damages or other relief arising
out of this lease agreement.
Section 1.4 Quiet Eniovment. Upon payment by
Lessee of the rent hereinafter reserved and upon observance
and performance of the terms, covenants and conditions
herein contained and to be observed and performed by Lessee,
Lessee shall peaceably hold and enjoy the premises for said
term and any extensions thereof without hindrance or
interruption by Lessor or any other person lawfully or
equitably claiming by, through or under the Lessor, except
as herein otherwise expressly provided.
ARTICLE II
RENT AND OTHER CHARGES
Section 2.1 Rent. Lessee will pay to Lessor,
without any deduction and without any notice or demand, for
each and every month of said term, net over and above all
other charges hereunder payable by Lessee a rental
of Eleven Thousand and One Hundred Twenty-Seven Dollars and 36/100
($ 11,127.36) per month. The rental shall be payable on
the day of each and every month during the term hereof.
3
Section 2.2 Other Charges. Additional rent of
representing Lessee's share of estimated
operating expenses subject to adjustment as set forth under
the terms of this lease, including Section 8.5 herein.
ARTICLE III
USE
Section 3.1 Use of Premises. The premises will
be occupied and used by the PROSECUTOR'S OFFICE, COUNTY OF
HAWAII for general office use. Lessee will not use or
permit, or suffer the use of the premises for any other
business or purposes without the written consent of the
Lessor.
Section 3.2 Common Areas. The common areas
shall consist of all areas designed for common use oc
benefit, including, without limiting the generality of the
foregoing, parking lot, delivery areas, curbs, drains,
walkways, malls, arcades, corridors, hallways, gardens,
landscaped and vacant areas and public facilities such as
washrooms, lounges, toilets, drinking fountains, shelters,
stairs and ramps. Lessee and its employees, agents,
customers and invitees shall have the right at all times
during said term, subject to applicable rules and
regulations, made by Lessor and as approved by the Lessee as
herein provided to the reasonable use of the common areas in
4
common with Lessor and others entitled to use such areas;
PROVIDED, HOWEVER, that Lessor shall reserve the right to
restrict oc prohibit Lessee's employees from parking of
their own vehicles in the parking lot.
Section 3.3 Observance of Laws. Lessee will at
all times during said term observe and comply with all laws,
ordinances, and rules and regulations now or hereafter made
by any governmental authority and applicable to the
occupancy or use of the premises or the conduct of any
business therein oc to the use of the common areas.
Section 3.4 Rules and Regulations. Lessor may
from time to time adopt or amend such reasonable rules and
regulations as Lessor. deems necessary or desirable for the
operation or use of the premises, such as but not limited
to, the use of the common areas and other matters which may
be of benefit or protection of the Lessor and the lessees;
PROVIDED, HOWEVER, that such rules and regulations shall not
be inconsistent with the terms, covenants and conditions of
this lease and shall be subject to the approval of the
Lessee. The Lessee shall observe and comply with such rules
and regulations.
Section 3.5 Waste, Nuisance or Unlawful
Activity. Lessee agrees that it will not commit or permit
any waste on the premises, or maintain or permit to be
maintained a nuisance thereon, or use or permit the premises
to be used in an unlawful manner.
5
Section 3.6 Assignment and Sub-letting. Lessee
will not assign this lease or any interest hereunder or
sub-rent or sub-lease said premises oc any portion thereof,
without the prior written consent of the Lessor. Such
consent shall not be unreasonably withheld, nor shall Lessee
be released from further liability hereunder by reason
thereof.
ARTICLE IV
MAINTENANCE, REPAIRS AND. ALTERATIONS
Section 4.1 Lessee's Maintenance and Repair of
the Premises. The Lessee will at its own cost during the
term of this lease and any extensions thereof keep the
premises in a good and safe condition, reasonable use and
wear and tear and unavoidable casualty excepted.
Section 4.2 Lessor's Inspection. The Lessee
will allow the Lessor and the agents of the Lessor, at
reasonable times, to enter upon said premises apd examine
the condition thereof.
Section 4.3 Fire or other Casualty. In the
event the premises shall be partially destroyed or damaged
by fire or other casualty during the term of this lease or
any extension thereof, the Lessor shall forthwith repair the
same. Any such partial destruction shall neither annul nor
void this lease, except that Lessee shall be entitled to a
proportionate reduction in rent during the period the
repairs are being made; any such proportionate reduction
6
being based on the extent to which the making of repairs
shall interfere with the full use of the premises by the
Lessee.
PROVIDED, HOWEVER, that should the premises be
substantially or totally destroyed or damaged by fire or
other casualty, either party may terminate this lease as of
the date of such destruction or damage.
Section 4.4 Fire Insurance. The Lessor, either
separately or through an association of owners, will carry
fire and extended coverage insurance of the building of
which the premises are a part. Such insurance shall cover
the structural portion of the building, plus all structural
improvements constructed by the Lessee, if any. To the
extent that coverage of Lessee's structural improvements
shall increase the insurance premium otherwise payable by
the Lessor, Lessee shall upon demand, reimburse the Lessor
for the increased cost. The term "structural improvements"
as used herein shall not include "trade fixtures".
Section 4.5 Alterations. Lessee will not make
any alterations or additions whatsoever to the demised
premises without first obtaining Lessor's written approval
of the plans and specifications thereof. All alterations,
improvements and/or additions shall be in compliance with
all governmental regulations including, without limitation,
all building permit requirements.
7
Section 4.6 Signs. No sign, picture,
advertisements, or notice may be displayed on any part of
the outside of the Building, or on or about the Premises
except on the glass of the doors or windows of the Premises
or other space provided by the Lessor for signs, and then
only of such color, size, style and material as shall be
first specified by the Lessor in writing. No "For Rent"
signs shall be displayed by the Lessee, and no showcase,
merchandise, obstructions, signs, or any advertising device
of any kind whatever shall be placed in or on the Building
or on the sidewalks, area ways, etc., on which it abuts, by
the Lessee, and the Lessor may remove any and all such
matter, materials, or appliances, and all signs other than
those herein expressly excepted, placed in violation hereof,
without notice to the Lessee at the Lessee's expense.
Section 4.7 Maintenance and Repairs by Lessor.
Lessor shall make all reasonably necessary repairs to the
structure of the Building to maintain the same in good
condition and shall maintain the public and common areas of
the Building such as lobbies, multi-tenant floor corridors,
landscaping, common restrooms, stairs and parking lot, in
reasonably good order and condition. Such repairs and
maintenance shall be made at Lessor's expense except for
damaged occasioned by the act of Lessee or Lessee's
employees, agents and invitees.
8
Section 4.8 Entry for Repairs and Alterations.
Without in any manner obligating the Lessor so to do except
as to structural repairs, and without modifying the
obligations of the Lessee under the next preceding
paragraph, the Lessor shall further have the right to~ enter
the Premises at all reasonable hours for the purpose of
examining the same and making any repairs, decorations,
alterations, or additions which the Lessor shall deem
necessary or advisable for the safety, preservation, or
improvement of the Premises or of the Building, and the
Lessor shall be allowed to take all material into and upon
the Premises that may be required to make such repairs,
decorations, improvements and additions or any alterations
without in any way being deemed or held guilty of an
eviction of the Lessee; and the rent stipulated to be paid
shall in no wise abate while said repairs, decorations,
alterations, or additions are being made, nor shall the
Lessee be entitled to maintain a setoff or counterclaim for
damages against the Lessor by reason of loss or interruption
to the business of the Lessee because of the prosecution of
any such work. All such repairs, decorations, alterations,
additions and improvements shall be made during ordinary
working hours, or if any such work is, at the request of the
Lessee, to be done during any other hours, the Lessee shall
pay for any extra cost occurring because of such request.
9
ARTICLE V
CONDEMNATION
Section 5.1 Condemnation. In the event during
the term of this lease or any extensions thereof, the
premises or any part thereof shall be taken or condemned by
any authority having the power of eminent domain, then and
in such event, this lease shall cease and terminate as of
the date Lessee is required to vacate the premises, and the
rent reserved shall be apportioned and paid up to that
date. All compensation and damages payable foc or on
account of said premises and common areas and the sites
thereof, except for improvements constructed or owned by the
Lessee, shall be payable to and be the sole property of the
Lessor. Lessee shall be compensated for all improvements
constructed or owned by the Lessee. The Lessee shall not be
entitled to any claim against the Lessor for condemnation of
or indemnity for the leasehold interest of the Lessee.
Section 5.2 Partial Taking. In case only part
of the premises shall be so taken or condemned, the rent
thereafter payable for the unexpired remainder of said term
shall be reduced in the same proportion that the area of
said premises so taken or condemned bears to the total area
of said premises hereby demised. In the event, however,
that the premises is rendered unfit for Lessee's use by
10
reason thereof, then this lease may be terminated by written
notice by Lessee effective 60 days from the date of receipt.
ARTICLE VI
DEFEASANCE
Section 6.1 Remedies on Lessee's Default. This
demise is upon the express condition that, if Lessee shall
fail to pay the rent herein reserved or any part thereof as
the same becomes due, or shall fail to faithfully observe
and perform any other term, covenant or condition of this
lease, or shall abandon the premises, or shall suffer this
lease or any estate or interest hereunder to be taken on
execution, or shall suffer mechanics' or materialmen's lien
to attach said premises, and shall fail to secure the
discharge or release thereof within a reasonable time after
the entry of any judgment or ,order of a court of competent
jurisdiction for the foreclosure or other endorsement of
such lien and such breach or default shall continue for a
period of thirty (30) days after delivery of a written
notice of any such breach or default by personal service,
registered mail or certified mail, then in such event,
Lessor may at once re-enter the premises and, upon or
without such entry, at its option terminate this lease
without any further service or notice or legal process, and
may expel and remove from said premises Lessee and those
claiming under it and its effects, without being deemed
11
guilty of any trespass or becoming liable for any loss or
damage which may be occasioned thereby, and may then oc at
any time thereafter bring an action for summary possession
of said premises, all without prejudice to any other remedy
or right of action which Lessor may have for arrears of rent
or other breach of contract.
Section 6.2 Nonwaiver. The acceptance of rent
by Lessor or its agent shall not be deemed to be a waiver by
it of any breach by Lessee of any covenant contained herein
or of Lessor's right to re-enter for breach of condition.
ARTICLE VII
GENERAL COVENANTS
Section 7.1 Air Conditioning. The Lessor
covenants with the Lessee that the Lessor will provide air
conditioning for the premises and make all repairs to the
air conditioning system.
Section 7.2 Utility and Other Charges. The
Lessor shall pay for all utility (water and electricity)
charges and costs for reasonable interior janitorial
services and exterior janitorial services such as cleaning
the halls and bathrooms, and the common areas. if Lessee
shall install any electrical equipment requiring power in
excess of that required for office use, including, without
limitation, .any computer, x-ray machine, medical equipment,
stove, furnace, motor, water heater or any other apparatus
12
requiring comparable electric power, of if Lessee shall
require electricity for lighting, air conditioning and
normal office use at times other than during normal office
hours, Lessor reserves the right to increase Lessee's rent
by the amount of the cost of such excess power. For
purposes of this agreement, "normal office hours are defined
as between 7:45 a.m. and 4:30 p.m., Monday through Friday,
except recognized state or federal holidays. Lessor shall
under no circumstances be liable to Lessee for damages or
otherwise for any failure to furnish or interruption in
service of any water or electricity or for stoppage of
sewers from any cause whatsoever.
Section 7.3 Damage to Lessee's Propertv. That
the Lessor shall not be responsible for loss or damage to
furniture, fixtures, supplies, merchandise, leasehold
improvements and other property on the premises, by
whomsoever owned, other than damage caused by the willful
act or gross negligence of the Lessor.
Section 7.4 Surrender of Premises. At the end
of the term of this lease or other sooner termination of
this lease, Lessee will peaceably deliver up to the Lessor
possession of the demised premises together with all
improvements theceon by whomsoever made, which under the
terms of the contract cannot be removed by the Lessee, in
13
good repair, order and condition, reasonable wear and tear
and unavoidable casualty excepted.
The Lessee will allow the Lessor during the last
month of th-e term hereof to affix to or keep on said
premises "To Let" notice, and will allow the Lessor to show
the premises during business hours to prospective lessees.
Section 7.5 Removal of Trade Fixtures. Lessee
may at any time during said term, with the prior written
consent of the Lessor which shall not be unreasonably
withheld, remove any trade fixtures and personal property
installed by Lessee in or about the demised premises if such
removal does not damage any .structural portion of said
premises. Lessee will at its own expense promptly repair to
Lessor's satisfaction all damage caused by such removal.
Section 7.6 Holding Over. If Lessee shall
remain in possession of said premises after the expiration
of said term without executing a document extending or
renewing this lease, Lessee shall be deemed to occupy said
premises as a tenant from month to month at the rent herein
reserved, subject to all the other terms, covenants, and
conditions herein contained insofar as the same are
applicable to a month-to-month tenancy.
Section 7.7 Time is of the Essence. Time is of
the essence in all provisions of this lease.
14
Section 7.8 Notices. Any notice or demand to be
given to or served upon either Lessor or Lessee in
connection with this lease shall be deemed to have been
sufficiently given or served for all purposes by being sent
as registered mail or certified mail, postage prepaid,
addressed to such party at its post office address as such
party may from time to time designate in writing to the
other party, or by being delivered personally to Lessee or
Lessor or any of its officers, as the case may be, and any
such notice or demand shall be deemed to have been given or
served on the date of the receipt of such mail or on the
date of personal deliver.
Section 7.9 Headings. The article and paragraph
headings herein are inserted only for convenience and
reference and shall in no way define, describe or limit the
scope or intent of any provision of this lease.
Section 7.10 Successor and Assigns. The term
'Lessor' as used herein shall include the Lessor, its
successors and assigns, and the term 'Lessee' as used herein
shall include the Lessee, its successors and permitted
assigns.
ARTICLE VIII
SPECIAL PROVISIONS
Section 8.1 Property Tax. For and during the
term of the lease hereof, Lessee agrees to pay as additional
15
rent, a prorata portion of the property taxes assessed
against the land and the improvements. Computation of the
additional rent, if any, shall be based on square footage of
the premises. Lessor shall use best and good faith efforts
to apply for and obtain a waiver of real property taxes
apportioned to the premises occupied by Lessee. In the
event that Lessor's real property tax obligation shall be
reduced by reason of. said waiver, then Lessee shall be
relieved of its obligation hereunder to the extent of said
waiver.
Section 8.2 General Excise Tax. Lessee will
also pay to Lessor as additional rent the State general
excise tax or any other taxes imposed on, or with respect
to, or measured by any rent incurred hereunder, or any
charge hereunder assessed as rental, whether assessed
against Lessor or Lessee.
Section. 8.3 Lease Subordinate to Mortgages.
This Lease shall be .subject and subordinate to any
encumbrance now of record affecting the building, other
improvements, or the land of which the premises are a part
and the lien of any mortgage in any amount or amounts
whatsoever now existing or hereafter placed on the land and
buildings of which the premises form a part without the
necessity of any further instrument or act on the part of
the Lessee to effectuate such subordination, provided the
16
mortgagee named in any such mortgage shall agree that in the
event of foreclosure it will not join the Lessee as a party
defendant in the foreclosure action and will not take any
action to terminate this lease so long as the Lessee is not
in default hereunder. The Lessee covenants and agrees to
execute and deliver upon demand such further instrument or
instruments evidencing such subordination of this Lease to
the lien of any such mortgage or mortgages as may be
required by the Lessor.
Section 8.4 Right to Estoppel Certificates.
Each party, within ten (10) days after notice from the other
party, shall execute and deliver to the other party, in
recordable form, a certificate stating that neither party is
in default under the lease (if such is the case), that this
lease is unmodified and in full €orce and effect, or in full
force and effect as modified, and stating the
modifications. The certificate also shall state the amount
of minimum monthly rent, the dates to which the rent has
been paid in advance, and the amount of any security deposit
or prepaid rent. Failure to deliver the certificate within
the ten (10) days shall be conclusive upon the party failing
to deliver the certificate for the benefit of the party
requesting the certificate and any successor to the party
requesting the certificate, that this lease is in full force
and effect and has not been modified except as may be
17
represented by the party requesting the certificate. If a
party fails to deliver the certificate within the ten (10)
days, the party failing to deliver the certificate
irrevocably constitutes and appoints the other party as its
special attorney-in-fact to execute and deliver the
certificate to any third party..
Section 8.5 Monthly Building Operating Exaenses.
(1) Recognizing that Lessor has established the
basic monthly refit on known or estimated costs in connection
with the land and improvements comprising the Building and
with the intention that the net rent to Lessor shall not be
reduced by reason of such costs, the Lessee agrees to pay as
additional rent Lessee's `fair share" of the "building
operating expenses", as hereinafter defined.
(2) As used herein, building operating expenses
of the building shall include all direct costs of repair,
operation and maintenance as determined by standard
accounting practices and shall include the following costs
by way of illustration but not limitation: "administration
fee" paid by Lessor to a management company to manage the
building, real property taxes and assessments, general
excise (gross income) or similar tax on Lessee's fair share
of building operating expenses (if any), the cost of water
and electricity, gardening and landscaping, including
replanting and relandscaping, the cost of hazard insurance,
18
public liability and property damage insurance, loss of rent
insurance, earthquake and tsunami insurance, fidelity
insurance, any other insurance which Lessor may maintain,
restriping artd resurfacing of parking areas, rebuilding of
parking areas, maintenance, repairs, line painting, painting
of all exterior walls, maintenance of all roofs, refuse
removal, directional signs and markers, janitorial services,
purchase and maintenance of refuse containers, repairs to
lighting fixtures and equipment, repairs to pavement,
repairs to water, sewer, and storm drain lines, sanitary
control, depreciation on machinery and equipment used in
such maintenance services, the cost of services contracted
out, such as but not limited to security, direction of
parking, grounds keeping and tree trimming. The term
'building .operating expenses' .shall not include advertising
the building, depreciation on the building of which the
Premises are a part, or equipment therein, interest or real
estate brokers' commissions, or other expenses which cannot
properly be considered as operating expenses, nor shall it
include expenses or those portions thereof, specially billed
or attributed by lessor to any other lessee or lessees of
the Building.
(3) The Lessee's "Fair share" of the building
operating expenses of the Building shall: (a) be calculated
on a 'net rentable area serviced basis', which means that
19
Lessee's share shall be the proportionate part of those
direct costs applicable to the entire Building, (such as
taxes) as the area set forth in Section 1.1 bears to the
total rentable area of the Building, plus the proportionate
part of those direct costs for such services may be rendered
to Lessee but not rendered to all lessees (such as
janitorial service) as the area set forth in Section 1.1
bears to the total rentable area to which such services are
rendered, which amount shall be divided by 12 to give the
Lessee's monthly fair share.
(4) Commencing with the calendar year
immediately following that in which Lessee's basic cost is
established and during each succeeding calendar year (or
portion thereof) of the lease term, Lessor shall bill Lessee
monthly and Lessee shall pay upon billing the Lessee's fair
share of the estimated operating expenses of the Building
for the then current month of the calendar year over those
of the year in which Lessee's basic cost was established.
Monthly billings will be based on estimated year-to-date
expenses. The billing for the last month will be based on
final actual costs of the year. In the event of termination
of any date other than a full month, Lessee will be billed
for and pay at termination the estimated building operating
expense rate. All terminated lessees will be subject to a
supplemental billing or refund when the final costs for the
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year of termination are determined. Lessor may, at its
option, bill Lessee on a quarterly basis for Lessee's fair
share of the increased operating expenses.
(5) Upon request, the Lessor will furnish the
Lessee with a detailed breakdown of the building operating
expenses as may reasonably be required to satisfy Lessee
that Lessee is paying no more than Lessee's fair share of
any increase in the building operating expenses over basic
costs. In no event will the provisions of this Lease for
payment of building operating expenses be operated by Lessor
of the purpose of making a profit, provided, however, that
in no event shall the monthly basic Rent be reduced below
that set forth in Section 2.1.
(6) Where any expense over and above normal
operating expenses is incurred or paid by Lessor
specifically for the benefit of and at the request of a
particular lessee such expense will be charged directly to
such lessee and will not be included in operating' expenses
for the purpose of this Article.
Section 8.6 Force Majure. In the event that
either party hereto shall be delayed or hindered in or
prevented from the performance of any act required hereunder
by reason of strikes, lock outs, inability to procure
materials, failure of electrical power, governmental laws or
regulations, riots, insurrection or other reason of a like
21
nature not the fault of the other party delayed in
performing the work or doing the acts required under the
lease, then such performance shall be excused .for the period
of the delays and the period for performance of such act
shall be extended for a period equivalent to the period of
such delay. It is understood that this provision shall not
operate to excuse lessee from the prompt payment of rent oc
any other payment due hereunder.
Section 8.7 Attorneys' Fees. If either party
becomes a party to any litigation concerning this lease, the
Premises, or the Building or other improvements in which the
Premises are located, by reason of any act or omission of
the other party or its authorized representatives, and not
by any act or omission of the patty that becomes a party to
that litigation or any act or omission of its authorized
representatives, the party that causes the other party to
become involved in the litigation shall be liable to that
party for reasonable attorneys' fees and court costs
incurred by it in the litigation; provided, however, that no
such liability shall accrue unless and until an actual
breach of covenant shall have been established.
Section 8.8 Conveyance Tax. The Lessee
forthwith shall pay to the Lessor, upon Lessee's receipt of
any billing from the Lessor therefor, any State of Hawaii
conveyance tax which shall be or become payable by the
Lessoc or Lessee as a result of this lease.
22
IN WITNESS WHEREOF, the parties hereto have
caused this instrument to be duly executed on the day and
year first above written.
K29-3 PARTNERS
By
Its
By
Its
'LESSOR"
COUNTY OF HAWAII
By
,Mayor
23
STATE OF HAWAII
CUUNTY OF HAWAII
On this
personally appeared
day of
19 before me
and to
me personally known, who being by me duly sworn, did say that they
are partners of K-29-3 PARTNERS, a Hawaii
limited partnership, that said instrument was signed on behalf of
said partnership and the said
and
acknowledged said instrument to be the free
act and deed of said partnership.
Notary Public, State of Hawaii
My Commission expires:
STATE OF HAWAII )
SS.
COUNTY OF HAWAII ) „
On this day of 19 before me
personally appeared LORRAINE R. INOUYE, to me personally known, who
being by me duly sworn, did say that she is the Mayor of the COUNTY
OF HAWAII, a municipal corporation of the State of Hawaii; that the
seal affixed to the foregoing instrument is the corporate seal of
said County of Hawaii, that the foregoing instrument was signed and
sealed in behalf of the County of Hawaii by Section 5-1.4(g) of the
County Charter, County of Hawaii (1980), as amended; and said
LORRAINE R. INOUYE acknowledged said instrument to be the free act
and deed of said County of Hawaii.
Notary Public, State of Hawaii
My Commission expires:
SS.
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