Hawaii office lease agreement template

Hawaii Office Lease Agreement

This Office Lease Agreement (the "Agreement") is made and entered into as of [Date], by and between:

[Landlord Name], residing at [Landlord Address], and having a business address at [Landlord Business Address], hereinafter referred to as "Landlord,"

Contact Information: Phone: [Landlord Phone], Email: [Landlord Email]

and

[Tenant Name], a [Tenant Entity Type, e.g., Corporation] with its principal place of business at [Tenant Business Address], hereinafter referred to as "Tenant."

Contact Information: Phone: [Tenant Phone], Email: [Tenant Email]

Premises

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the office space located at [Property Address], Unit/Suite [Suite Number], Tax Map Key (TMK) [TMK Number], consisting of approximately [Square Footage] square feet on the [Floor Number] floor (the "Premises").

The Premises shall include the right to use the common areas of the building, including elevators, restrooms, and hallways. A detailed floor plan of the Premises is attached as Exhibit A.

The Premises includes access to the following building amenities: [List Amenities, e.g., secure access, HVAC, parking allotments, internet connectivity infrastructure, conference facilities].

ADA compliance features included: [List ADA Compliance Features].

Permitted Use

The Premises shall be used solely for general office purposes and related activities (the "Permitted Use").

The Tenant shall not use the Premises for any other purpose, including but not limited to retail, industrial, residential, or any use that violates applicable Hawaii County zoning laws or condominium association bylaws.

Tenant agrees to comply with all applicable Hawaii County zoning ordinances, business licensing requirements, and local environmental regulations.

Lease Term

The term of this Lease shall commence on [Commencement Date] and shall expire on [Expiration Date] (the "Lease Term").

The Tenant shall have the option to renew this Lease for an additional term of [Renewal Term Length] years, provided that Tenant gives Landlord written notice of its intention to renew at least [Notice Period] days prior to the expiration of the initial Lease Term.

Early termination is permitted with [Notice Period for Early Termination] written notice and payment of [Early Termination Fee or Formula].

Rent

The base rent for the Premises shall be [Rent Amount] per month, payable in advance on the [Day of Month] day of each month, commencing on [Rent Commencement Date].

Acceptable payment methods include: [List Payment Methods, e.g., Check, Wire Transfer, ACH].

A security deposit of [Security Deposit Amount] shall be paid by the Tenant to the Landlord upon execution of this Lease, to be held in accordance with HRS §521-44. Permitted uses of the security deposit include: [List Permitted Uses].

The base rent shall be subject to an annual increase based on the Consumer Price Index (CPI) or [Other Index]. The annual increase will not exceed [Percentage]%.

In accordance with Hawaii law, the Landlord shall be responsible for paying the General Excise Tax (GET) on the rent, which shall be in addition to the base rent. The GET rate is currently [GET Rate]%.

Late fees of [Late Fee Amount or Percentage] will be assessed for rent payments received more than [Number] days after the due date.

Operating Expenses

Tenant shall be responsible for paying its pro rata share of all building operating expenses, common area maintenance charges ("CAM"), and property taxes, estimated to be [Estimated Monthly Amount] per month, payable in addition to the base rent.

The Landlord shall be responsible for the following utilities: [Landlord Paid Utilities, e.g., Water, Sewer, Trash]. The Tenant shall be responsible for the following utilities: [Tenant Paid Utilities, e.g., Electricity, Internet].

Tenant shall be responsible for paying for its own janitorial services.

Air conditioning charges will be [Metered Separately/Pro-rata Share].

Tenant Improvements

The Landlord shall provide a tenant improvement allowance of [Allowance Amount] for the Tenant to make improvements to the Premises.

All alterations to the Premises must be approved by the Landlord in writing. Tenant is responsible for obtaining all required building permits under Honolulu or county ordinances.

Upon expiration of the Lease, the Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted, unless otherwise agreed in writing.

Repair and Maintenance

The Landlord shall be responsible for maintaining the structural integrity of the building, including the roof, foundation, and exterior walls.

The Tenant shall be responsible for maintaining the interior of the Premises, including fixtures, equipment, and personal property.

Tenant is responsible for reporting any property damage to the Landlord promptly.

Landlord has access rights to the premises for inspection and repairs, with reasonable notice to the tenant, except in emergency situations.

Tenant is responsible for obtaining Landlord’s approval for installation of any equipment, especially data and telecom cabling, in accordance with Hawaii utility standards and fire codes.

Insurance

The Tenant shall maintain commercial general liability insurance with a minimum limit of [Liability Insurance Amount] and property insurance covering the Premises.

The Tenant shall name the Landlord as an additional insured on its commercial general liability insurance policy.

Fire Safety and Disaster Response

Tenant agrees to adhere to the building's fire safety and evacuation plan.

Tenant acknowledges Hawaii's vulnerability to tsunamis and hurricanes and agrees to follow Hawaii Civil Defense guidelines during such events.

Parking

The Tenant shall be allocated [Number] parking spaces in the building's parking garage.

Parking rights and bicycle facility policies are subject to the building's rules and regulations.

Subletting and Assignment

The Tenant shall not sublet the Premises or assign this Lease without the prior written consent of the Landlord, which shall not be unreasonably withheld.

Default and Remedies

If the Tenant fails to pay rent or otherwise breaches this Lease, the Landlord shall have the right to terminate this Lease and pursue all available remedies under Hawaii law, including eviction as per HRS Chapter 666.

The Tenant shall have a cure period of [Number] days to remedy any default.

No waiver by the Landlord of any breach of this Lease shall be deemed a waiver of any subsequent breach.

Move-In and Move-Out

Tenant shall conduct a move-in inspection and complete a move-in condition report within [Number] days of taking possession of the premises.

Upon expiration of the Lease, the Tenant shall vacate the Premises and return all keys and access badges to the Landlord.

Tenant shall restore the premises to its original condition (excepting reasonable wear and tear) and clean the premises thoroughly.

The Landlord shall conduct a move-out inspection and provide the Tenant with a written statement of any damages within [Number] days of the Tenant vacating the Premises. Security deposit reconciliation will be handled in accordance with HRS §521-44.

Signage

The Tenant shall have the right to install signage on the Premises, subject to the Landlord's approval and compliance with building standards and any applicable Hawaii County/City design review protocols.

Dispute Resolution

Any disputes arising out of this Lease shall be resolved through negotiation and mediation.

If mediation is unsuccessful, the dispute shall be submitted to binding arbitration in accordance with the Hawaii Revised Statutes.

This Lease shall be governed by and construed in accordance with the laws of the State of Hawaii. Venue for any legal action shall be in the Honolulu Circuit Court or the district where the property is located.

Disclosures

Landlord represents that the Premises is in compliance with all applicable building codes, ADA requirements, fire codes, and local health and safety standards.

The Landlord hereby discloses that the Premises [Is/Is Not] located in a flood zone.

To the best of Landlord's knowledge, there [Are/Are Not] hazardous substances located on the property. Any known hazardous substances are listed in Exhibit B.

If the building was built before 1978, the Landlord shall provide the Tenant with a lead-based paint disclosure as required by federal law.

Landlord shall be compliant with HRS §508C (environmental site disclosure laws and flood hazard).

Cultural and Environmental Provisions

Tenant agrees to respect and protect any archaeological sites located on the property.

Tenant agrees to comply with all applicable Hawaii state and city ordinances regarding native rights and special use limitations affecting the property.

Business Licenses

Tenant is responsible for obtaining and maintaining all required business licenses and GET registration for its office operation.

Landlord Representations

Landlord represents that they are compliant with all current building codes, ADA (Americans with Disabilities Act), and fire codes in the State of Hawaii.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Landlord Signature]

[Landlord Printed Name]

[Tenant Signature]

[Tenant Printed Name]