2. RENT. The rent, due monthly, payable in advance without notice or demand on or before the 1st day of the month . Owner’s address for the rental payment and any notice is:
Kawaihae Marine Supply
74-5467 Kaiwi Street
Kailua-Kona, HI 96740
3. TAX ON RENT. In addition to the rent herein provided, tenant shall also pay on each rental payment date during the term of hereof, *Hawaii State General Excise tax, which is currently 4.712%
4. SECURITY DEPOSIT. Tenant shall pay owner $0 (waived) as a security deposit to be held by Owner to insure Tenant’s faithful performance of the terms and conditions of this Agreement, including the payment of all sums due under this Agreement and the cleaning and repair of the Premises after return of the Premises to Owner. The deposit shall be refunded to Tenant within one month after return of the Premises to Owner, less all charges for cleaning and /or repair of the Premises, replacement of any missing or damaged items and/or payment of any loss or damage caused by Tenant within the Premises or the Tenant’s breach of this Agreement, including the payment of any delinquent rent owed by Tenant.
5. USE. The Premises will be used only for the storage of personal property owned by Tenant. Fuel is to be stored in an approved container. No
food, dangerous or explosive material will be stored on the Premises without Owner’s prior written consent. Tenant shall not store on the Premises any items which shall be in violation of any rule, regulation, order or requirement of any governmental or administrative agency, nor will Tenant do any act or cause to be done any act which creates or may create a nuisance in, upon or connected with premises. Any food, dangerous or explosive material, fuel stored in an unapproved container, and/or any other item stored in the Premises in violation of any rule, regulation, order or requirement of any governmental or administrative agency may be immediately removed by Owner to a place of safe keeping or, if necessary, disposed of without Owner becoming liable for any loss or damage occasioned thereby.
6. CONDITION AND ALTERATION OF PREMISES. Tenant has examined the Premises and hereby accepts the same as being the good order, condition and repair except as may be otherwise noted in this Agreement. Tenant agrees to immediately notify owner of any defects or dangerous conditions, which arise on or in the Premises. Tenant agrees to keep the Premises in good order, condition and repair and to pay Owner promptly for any repair of the Promises necessitated by any negligence of misuse of the same by Tenant or Tenant’s invitees, licensees and guests. Tenant shall make no alteration of the improvements to the Premises without the prior written consent of Owner. Should Tenant damage or depreciate the value of the Premises, or make any alterations of improvements to, or do any painting or redecorating of, of the Premises without the prior written consent of Owner, then all costs necessary to restore the Premises to its prior condition shall be immediately paid by Tenant to Owner.
7. INSPECTION. Tenant agrees that Owner, its agents and employees, may at any reasonable time enter to inspect the Premises or to make repairs and improvements.
8. FIRE OR EMERGENCY. In case of any emergency in or about the Premises, Owner has the right to enter Premises without notice or liability to Tenant.
9. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Agreement or sublet the Premises without Owner’s Prior written consent, which consent Owner may withhold for any or no reason.
10. INSURANCE. Tenant’s property is placed within the Premises at Tenant’s sole risk. Tenant acknowledges that insurance is available from independent insurance companies of the Tenant’s choice to insure against any damage to Tenant’s property and/or the liability imposed by this Agreement and that Tenant is solely responsible for obtaining such insurance at Tenant’s option. Tenant’s failure to obtain such insurance will not relieve Tenant of any liability hereunder for any damage, loss or injury.
11. SECURITY. Tenant shall provide, at Tenant’s sole cost and expense, all locks or other security, which Tenant deems necessary to secure the Premises.
12. INDEMNIFCATION AND LIMIT OF OWNER’S LIABILTY. Tenant shall indemnify and hold Owner, and Owner’s agents and employees, harmless from all claims for loss or damage to property, and for injury to or death of any person, caused by or arising from any act, omission or negligence of Tenant or Tenant’s guests, licensees, or invitees, occurring in, on or about the Premises. Tenant hereby releases Owner from and on account of any and all liability for, or loss or damage to Tenant’s Property or effects arising out of (a) water leaking, (b) pipe breakage, (c) theft, (d) fire, (e) mysterious disappearance, (f) rodents, (g) acts of God, of (h) any cause beyond the control of Owner, (i) dust, debris, sanding and /or overspray.
13. LATE FEE. Tenant shall pay a $40.00 late fee to Owner for each rental payment not paid by 5 days of the due date, and Tenant shall pay a further additional $40.00 late fee to Owner for each rental payment not paid by 15 days of the due date.
14. INTEREST. Tenant shall pay Owner interest at the annual rate of 12% on any amounts due Owner under this Agreement which have not been paid with 15 days of the date such amounts are due Owner. Interest shall accrue on the unpaid amounts due Owner until all amounts due and owing Owner under this Agreement have been paid in full.
15. DISHONORED CHECKS. Tenant shall pay a charge of $20.00 for any Tenant check returned by Tenant’s bank uncashed, for any reason.
16. DEFAULT. In the event that Tenant shall be in default of any terms or conditions of this Agreement, Owner may re-enter the Premises and, as set forth in Paragraphs 18, 19, 20, and 21 below, deny Tenant access to the Premises, claim a lien upon any property amounts of Tenant within the Premises, remove any property of Tenant’s to a place of safe keeping and/or sell (in a commercially reasonable manner), or otherwise dispose of Tenant’s property without being deemed guilty of any trespass of becoming liable for any loss or damage occasioned thereby, and without prejudice to any other right or remedy which may be available to Owner. Tenant shall be deemed to be in default of this Agreement upon the occurrence of any one or more of the following circumstances:
- 1. (a) Tenant’s failure to pay the rent, or any part thereof, or any other charges due Owner under this Agreement when the same is due, whether or not payment has been demanded.
- 2. (b) Any use or the Premises by Tenant, which is not specifically authorized by Paragraph 5 (Use) above.
- 3. (c) Tenant’s failure to observe or perform any of the other terms, covenants conditions or agreements contained in this Agreement to be observed and performed by Tenant.
17. OWNER’S LIEN. As authorized by Chapter 507, Part III, Hawaii Revised Statutes, Tenant’s property located at or within the Premises will be subject to a claim of lien by Owner for all rent, late fees, interest and other charges due Owner under this Rental Agreement and be sold by Owner to pay and satisfy the lien if the rent and other remain unpaid for 15 consecutive calendar days after the date the same is due to the Owner.
18. DENIAL OF ACCESS TO PREMISES. If any of the rent or other charges due from Tenant to Owner under this Rental Agreement remain unpaid for 15 consecutive calendar days after the date the same are due to the Owner, Owner may deny Tenant access to the Premises, upon notice sent to Tenant’s last known address and if provided, to the alternative address, postage paid, containing the following:
- 1. (a) A statement of Owner’s claim showing the sums due at the time of the notice and the date when the sums became due.
- 2. (b) A statement that Tenant is in default of this Rental Agreement.
- 3. (c) A statement that Tenant’s right to use Premises will be denied unless and until all sums due are paid by Tenant.
- 4. (d) A notice that Tenant has been denied access to the Premises and that the Owner’s lien as provided for in HRS 507-62 will be imposed if all sums due Owner are not paid within 15 days of the date of the notice
- 5. (e) The name, street address, and telephone number of the Owner, or designated agent, whom the Tenant may contact to respond to the notice.
19. NOTICE OF LIEN. If a notice has been sent to Tenant as required by Paragraph 18 above, and the total sum due Owner has not been paid as specified in the notice, Owner will deny Tenant access to the Premises, enter the Premises and any remove any property found in the Premises to a place of safe keeping. Owner shall send to Tenant, addressed to Tenant’s last known address and if provided, to the alternative address, postage prepaid, a Notice of Lien which shall state all of the following:
- 1. (a) That Tenant’s right to use the Premises has terminated and Tenant shall no longer have access to the Premises and the stored property.
- 2. (b) That the stored property within the Premises is subject to a lien, and the amount of the lien.
- 3. (c) That the Owner will seize and take possession of the stored property within the premises to satisfy the lien after a specified date, which date shall not be less than 15 days from the date of mailing the notice, unless the amount of the lien is paid.
20. FINAL DEMAND AND NOTICE OF SALE. If the notices described in Paragraphs 18 and 19 above have been sent, and if the total sums due Owner have not been paid as specified in the two prior notices, Owner may prepare for the sale of the Tenant’s property to satisfy the lien. Owner shall thereupon send to Tenant addressed to Tenant’s last known address and if provided, to the alternative address by certified mail, postage prepaid:
(a) A Notice of final demand and sale which shall state the following:
- 1. (1) That the sums due for rent and other charges demanded have not been paid.
- 2. (2) That Tenant’s right to use the Premises has been terminated.
- 3. (3) That Tenant no longer has access to the stored property and the Premises.
- 4. (4) That the stored property is subject to a lien in favor of Owner and the amount of the lien.
- 5. (5) That the stored property will be sold to satisfy the lien after a specified date, which date shall not be less than 30 days from the date of mailing the notice, unless prior to the specified date, the Owner’s lien is paid in full.
- 6. (6) That any excess proceeds of the sale over the lien amount and costs of sale will be retained by Owner and may be reclaimed by Tenant, or claimed by another person, at any time for a period of one year from the date of sale and that thereafter the proceeds will go to the State of Hawaii under HRS Chapter 523A.
- 7. (7) That if the proceeds of the sale do not fully cover the amount of the Owner’s lien and costs, Tenant will be held liable for any deficiency.
(b) And itemized statement of the Owner’s claim showing all sums due at the time of the notice and the date when the sums became due.
21. METHOD OF SALE. 15 days after sending the final demand and notice of sale described in Paragraph 20 above, an advertisement of the sale shell be published once a week for two consecutive weeks in a newspaper of general circulation published in the judicial district where the sale is to be held. The advertisement shall include a general description of the goods, the name of the Tenant, the total sums due and the name and location of the Premises. The sale shall be conducted in the commercially reasonable manner, and, Tenant’s behalf. Tenant, or any other persons having a court order or judicial process against the property, may claim the excess proceeds or a portion thereof sufficient to satisfy the claim, at any time within one year of the date of sale. Thereafter Owner shall pay any remaining excess proceeds to the State of Hawaii as provided in HRS Chapter 523A.
22. TERMINATION. This Agreement may be terminated by Owner or Tenant by the giving of written notice to the other party of intention to terminate this Agreement at least 10 days prior to the next rental due date. If Tenant vacates the Premises prior to the end of the month, Tenant shall not be entitled to the refund of any portion of said month's rent. As conditions for such termination, and prior to the return of any security deposit, Tenant shall completely vacate the Premises, leave the same in good order and clean condition, remove any lock(s) owned by Tenant, provide Owner with Tenant’s forwarding address and allow Owner to inspect the Premises in Tenant’s presence to verify the final of the Premises and its contents. At the termination of this Agreement, Tenant shall return the Premises to the Owner in the same condition and state of repair and cleanliness as existed when the Premises was rented to Tenant.
23. ATTORNEY’S FEES AND COSTS. If Owner shall, without fault, be made a party to any litigation by or against Tenant arising out of Tenant’s occupancy of the Premises or any of Tenant concerning the Premises or this Agreement, or if litigation shall be brought for recovery of possession of the Premises, for the recovery of the rent any other amount due under any provision of this Agreement, or because of the breach of any covenant in the Agreement to be kept or performed by Tenant, and a breach shall be established, Tenant shall pay to Owner all expenses incurred in connection therewith, including reasonable attorney’s fees and costs of court.
24. ENTIRE AGREEMENT. There are no representations, warranties, or agreements by or between the parties hereto which are not fully set forth herein and no agent or employee of Owner is authorized to make any representations, warranties or agreements other than as expressly set forth herein.
25. CONSTRUCTION. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under the laws of the State and County of Hawaii. If any provision shall be determined invalid of prohibited under such law, the provision shall be ineffective only to the extent of such prohibition of invalidity without invalidating the remainder of such provision or this Agreement.
26. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement and of the performance and observance of the terms, conditions, promises, and covenants herein contained.
27. SUCCESSION. Each provision herein contained shall extend to and be binding upon the parties hereto, their heirs, administrators, successors and assigns.
THIS AGREEMENT has been executed to be effective on the 10/07/2024. I hereby acknowledge that I have read, understood and received a signed copy of this agreement.