EX-10 6 kcaamend2.txt AMENDMENT NO 2 TO LIMITED PARTNERSHIP AGREEMENT OF KAAHUMANU CENTER ASSOCIATES xxxxxxx indicates material that has been omitted pursuant to a request for confidential treatment. Such material has been filed separately with the Securities and Exchange Commission. The omitted material consists of approximately two pages. AMENDMENT NO. 2 TO LIMITED PARTNERSHIP AGREEMENT OF KAAHUMANU CENTER ASSOCIATES THIS AMENDMENT is made this 30th day of December, 2002, between MAUI LAND & PINEAPPLE COMPANY, INC., a Hawaii corporation ("MLP") and the EMPLOYEES' RETIREMENT SYSTEM OF THE STATE OF HAWAII, a quasi-governmental agency ("ERS"): WITNESSETH THAT: WHEREAS, MLP and ERS entered into that certain LIMITED PARTNERSHIP AGREEMENT OF KAAHUMANU CENTER ASSOCIATES (as amended, the "L. P. Agreement") dated June 23, 1993, forming a limited partnership ("KCA") to expand, own and operate Kaahumanu Shopping Center ("Center") in Kahului, Maui, Hawaii; and WHEREAS, MLP and ERS entered into that certain AMENDMENT NO. 1 TO LIMITED PARTNERSHIP AGREEMENT OF KAAHUMANU CENTER ASSOCIATES dated April 27, 1995, and have now agreed to further amend the L. P. Agreement; NOW, THEREFORE, in consideration of the premises, the mutual promises, obligations and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, MLP and ERS, intending to be legally bound, do hereby agree as follows: The L. P. Agreement shall be and is hereby amended in the following respects: A. xxxxxxx B. Contribution of Artwork. MLP shall contribute to the Partnership, the artwork (statue and mural) displayed at the Property and owned by MLP without payment of any kind for the cost of such artwork. C. xxxxxxx xxxxxxx indicates material that has been omitted pursuant to a request for confidential treatment. Such material has been filed separately with the Securities and Exchange Commission. The omitted material consists of approximately two pages. D. xxxxxxx E. xxxxxxx F. xxxxxxx G. Expiration. This Amendment shall remain in effect until December 31, 2003, whereupon it shall terminate and be of no further force and effect; xxxxxxx In all other respects the L. P. Agreement shall remain in full force and effect and unchanged except as expressly set forth herein. Capitalized terms herein shall have the meaning set forth in the L. P. Agreement except as otherwise provided herein. Unless expressly modified by this Amendment, the provisions of the L. P. Agreement shall remain unchanged and the provisions hereof shall supplement such unchanged provisions. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers and representatives, each on the day and year first above written. MAUI LAND & PINEAPPLE COMPANY, EMPLOYEES' RETIREMENT SYSTEM INC. OF THE STATE OF HAWAII By /S/ DON YOUNG By /S/ DAVID SHIMABUKURO Its Executive Vice President Its Administrator By /S/ PAUL J. MEYER By /S/ DARWIN HAMAMOTO Its Executive Vice President Its Trustee