KEALAKEHE, Hawaii – The Hawaii County Office of the Prosecutor is looking into getting into some space at the new Kona Judiciary complex. But first they need to extend their current lease agreement.

County Prosecutor Mitch Roth was on hand by way of videoconference for the Hawaii County Council Finance Committee meeting on March 16. Roth supported a measure to continue renting space in Captain Cook until the new building is constructed at Makalapua.

The committee gave the measure a positive recommendation although one councilmember voted no. Dennis “Fresh” Onishi warned that the lease of the temporary offices may not be long enough due to possible delays in the judiciary building construction.

The Kona judiciary complex is still in line to receive $55 million from the state for construction. However, a bid protest already threatens to delay the project. Contractor Nan Inc. is alleging that two lower bidders failed to respond to all of the requirements of the project.

RESOLUTION 432-16

RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR EXTENSION OF LEASE OF REAL PROPERTY FOR THE OFFICE OF THE PROSECUTING ATTORNEY IN KONA.

BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII.

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 of more than one fiscal year be approved by resolution; and

WHEREAS, the West Hawai`i Office of the Prosecuting Attorney, hereinafter referred to as ” Prosecutors”, presently leases office space at TMK( 3) 8- 1- 003- 049 ( por.), at the Kealakekua Business Plaza, 81- 980 Haleki`i Street, Suite # 150, Kealakekua, Hawai`i 96750, as depicted in Exhibit “A” attached hereto and incorporated by reference herein, hereinafter referred to as ” office space”; and

WHEREAS, Prosecutors are leasing said office space pursuant to a Third Extension and Amendment of Kealakekua Business Plaza Lease, dated July 2, 2013, hereinafter” Third Extension of Lease” which is scheduled to terminate on June 30, 2016; and

WHEREAS, the Third Extension of Lease provided that as of its termination on June 30, 2016, Prosecutors would have the option to extend the term of the lease for an additional two (2) year period from July 1, 2016 to June 30, 2018; and

WHEREAS, the Third Extension of Lease provided that if Prosecutors exercise this option to extend, then the rent for the period from July 1, 2016 to June 30, 2017 will be for $12,295.92 per month, and that the rent for the period from July 1, 2017 to June 30, 2018 will be for $12,690.02 per month; and

WHEREAS, said office space has proved to be adequate for Prosecutors’ current needs in terms of space and privacy for servicing victims and witnesses of crimes in West Hawaii, as well as victims and witnesses of crimes occurring in other areas but who may live in West Hawaii; and

WHEREAS, the County wishes to exercise the option for a multi-year extension of lease with Hawaiian State Enterprises, Limited, a Domestic Profit Corporation, for an additional two (2) years from July 1, 2016 to June 30, 2018; now, therefore,

BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:

1. That the Mayor is hereby authorized to enter into a multi-year extension of lease with Hawaiian State Enterprises, Limited, a Domestic Profit Corporation, for an additional two (2) years from July 1, 2016 to June 30, 2018, for the office space at TMK (3) 8- 1- 003- 049 ( por.), at the Kealakekua Business Plaza, 81- 980 Haleki`i Street, Suite # 150, Kealakekua, Hawaii 96750, as depicted in Exhibit “A” attached hereto and incorporated by reference herein.

2. That sufficient funds be budgeted in future fiscal years to cover the anticipated obligations of the County under the terms of the Third Extension of Lease

BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to: (1) Mayor William P. Kenoi; ( 2) Department of Finance; ( 3) Office ofthe Prosecuting Attorney; and (4) Hawaiian State Enterprises, Inc., c/ o Marcus & Associates, Inc., One Main, 2200 Main Street, Wailuku, Hawai`i 96793.