Fillable Printable Sublet Contract Form - California

Sublet Contract Form - California

SUBLEASE AGREEMENT

THIS SUBLEASE AGREEMENT is entered into on ____________, 20___ by and between _________ _________

__________ ______ _________ ("SUBLESSOR”), with an address of _______________ _____________

______________ and ______________________ ____________________ ___________________, ("SUBTENANT"),

currently located at ____________ _____________ ____________ (the “Parties”).

FOR VALUABLE CONSIDERATION, the Parties agree to the following terms and conditions.

1. Premises

. Sublessor hereby subleases to Sublessee and Sublessee hereby subleases from Sublessor for the

term specified below, and upon all of the conditions set forth herein, that certain real property, including all improvements

thereon, commonly known by the street address of __________________________________, located in the County of

_____________, State of California, and generally described as _______________ ________________________

_____________________ (the “Premises”).

2. Term

. The term of this Sublease shall be for ____________________ commencing on _______________, 20__

and ending on ________________, 20__, unless sooner terminated pursuant to any provision hereof. Sublessor agrees

to use its best commercially reasonable efforts to deliver possession of the Premises by the commencement date. If,

despite said efforts, Sublessor is unable to deliver possession as agreed, the rights and obligations of Sublessor and

Sublessee shall be as set forth in the Master Lease and in Paragraph 7 of this Sublease.

3. Base Rent

. Sublessee shall pay to Sublessor as Base Rent for the Premises equal monthly payments of

$_________ in advance, on the _______ day of each month of the term hereof. Sublessee shall pay Sublessor upon the

execution hereof $___________ as Base Rent for the period _____________ through ____________. Base Rent which

is less than one month for any period during the term hereof shall be calculated at a pro rata portion of the monthly

installment.

4. Rent Defined

. All monetary obligations of Sublessee to Sublessor under the terms of this Sublease (except for

the Security Deposit) are deemed to be rent (“Rent”). Rent shall be payable in lawful money of the United States to

Sublessor at the address stated herein or to such other persons or at such other places as Sublessor may designate in

writing.

5. Security Deposit

. Sublessee shall deposit with Sublessor upon execution hereof $_________ as security for

Sublessee’s faithful performance of Sublessee’s obligations hereunder. The rights and obligations of Sublessor and

Sublessee as to said Security Deposit shall be as set forth in the Master Lease (as modified by Paragraph 7 of this

Sublease).

6. Use

(a) Agreed Use

. The Premises shall be used and occupied only for ____________ ________________

_________________ ________________ _______________ _______________ and for no other purpose.

(b) Compliance

. Sublessor warrants that the improvements on the Premises comply with all applicable covenants or

restrictions of record and applicable building codes, regulations and ordinances in effect on the commencement date.

Said warranty does not apply to the use to which Sublessee will put the Premises or to any alterations or utility

installations made or to be made by Sublessee. NOTE: Sublessee is responsible for determining whether or not the

zoning is appropriate for its intended use, and acknowledges that past uses of the Premises may no longer be allowed.

If the Premises do not comply with said warranty, or in the event that the applicable requirements are hereafter changed,

the rights and obligations of Sublessor and Sublessee shall be as provided in the Master Lease (as modified in

Paragraph 7 of this Sublease).

Sublessee acknowledges that (i) it has been advised to satisfy itself with

respect to the condition of the Premises (including but not limited to the electrical, HVAC and fire sprinkler systems,

security, environmental aspects, and compliance with all applicable requirements) and their suitability for Sublessee’s

intended use; (ii) Sublessee has made such investigation as it deems necessary with reference to such matters and

assumes all responsibility therefor as the same relate to its occupancy of the Premises; and (iii) neither Sublessor,

Sublessor’s agents, nor any broker has made any oral or written representations or warranties with respect to said

matters other than as set forth in this Sublease. In addition, Sublesso

acknowled

es that it is Sublesso

’s sole

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SUBLEASE AGREEMENT

responsibility to investigate the financial capability and/or suitability of all proposed tenants.

7. Master Lease

(a) Sublessor is the lessee of the Premises by virtue of a lease, (the “Master Lease”), a copy of which is attached

hereto, wherein ___________________________________________________ is the lessor, (“Master Lessor”).

(b) This Sublease is and shall at all times be subject and subordinate to the Master Lease.

shall be the terms and conditions of the Master Lease except for those provisions of the Master Lease which are directly

contradicted by this Sublease in which event the terms of this Sublease shall control over the Master Lease. Therefore,

for the purposes of this Sublease, wherever in the Master Lease the word “Lessor” is used it shall be deemed to mean

the Sublessor herein and wherever in the Master Lease the word “Lessee” is used it shall be deemed to mean the

Sublessee herein.

(d) During the term of this Sublease and for all periods subsequent for obligations which have arisen prior to the

termination of this Sublease, Sublessee does hereby expressly assume and agree to perform and comply with, for the

benefit of Sublessor and Master Lessor, each and every obligation of Sublessor under the Master Lease (the

“Sublessee’s Assumed Obligations”). The obligations that Sublessee has not assumed under this Paragraph 7 are

hereinafter referred to as the “Sublessor’s Remaining Obligations”.

(e) Sublessee shall hold Sublessor free and harmless from all liability, judgments, costs, damages, claims or

demands, including reasonable attorneys’ fees, arising out of Sublessee’s failure to comply with or perform Sublessee’s

Assumed Obligations.

(f) Sublessor agrees to maintain the Master Lease during the entire term of this Sublease, subject however, to any

earlier termination of the Master Lease without the fault of the Sublessor, and to comply with or perform Sublessor’s

Remaining Obligations and to hold Sublessee free and harmless from all liability, judgments, costs, damages, claims or

demands arising out of Sublessor’s failure to comply with or perform Sublessor’s Remaining Obligations.

(g) Sublessor represents to Sublessee that the Master Lease is in full force and effect and that no default exists on

the part of any party to the Master Lease.

8. Assignment of Sublease and Default

(a) Sublessor hereby assigns and transfers to Master Lessor the Sublessor’s interest in this Sublease, subject to

the provisions of this Paragraph 8.

(b) Master Lessor, by executing this document, agrees that until a default occurs in the performance of Sublessor’s

Obligations under the Master Lease, that Sublessor may receive, collect and enjoy the Rent accruing under this

Sublease. However, if Sublessor defaults in the performance of its obligations to Master Lessor, then Master Lessor

may, at its option, receive and collect, directly from Sublessee, all Rent owing and to be owed under this Sublease.

Master Lessor shall not, by reason of this assignment of the Sublease nor by reason of the collection of the Rent from

Sublessee, be deemed liable to Sublessee for any failure of Sublessor to perform and comply with Sublessor’s

Remaining Obligations.

Master Lessor stating that a default exists in the performance of Sublessor’s obligations under the Master Lease, to pay

to Master Lessor the Rent due and to become due under the Sublease. Sublessor agrees that Sublessee shall have the

right to rely upon any such statement and request from Master Lessor, and that Sublessee shall pay such Rent to Master

Lessor without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or

claim from Sublessor to the contrary and Sublessor shall have no right or claim against Sublessee for any such Rent so

paid by Sublessee.

(d) No changes or modifications shall be made to this Sublease without the consent of Master Lessor.

9. Consent of Master Lessor

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SUBLEASE AGREEMENT

(a) In the event that the Master Lease requires that Sublessor obtain the consent of Master Lessor to any subletting

by Sublessor, then this Sublease shall not be effective unless, within ten (10) days of the date hereof, Master Lessor

signs this Sublease thereby giving its consent to this subletting.

(b) In the event that the obligations of the Sublessor under the Master Lease have been guaranteed by third Parties,

then neither this Sublease nor the Master Lessor’s consent shall be effective unless, within ten (10) days of the date

hereof, said guarantors sign this Sublease thereby giving their consent to this Sublease.

(i) Such consent shall not release Sublessor of its obligations or alter the primary liability of Sublessor to pay the

Rent and perform and comply with all of the obligations of Sublessor to be performed under the Master Lease.

(ii) The acceptance of Rent by Master Lessor from Sublessee or anyone else liable under the Master Lease shall

not be deemed a waiver by Master Lessor of any provisions of the Master Lease.

(iii) The consent to this Sublease shall not constitute a consent to any subsequent subletting or assignment.

(iv) In the event of any default of Sublessor under the Master Lease, Master Lessor may proceed directly against

Sublessor, any guarantors or anyone else liable under the Master Lease or this Sublease without first exhausting Master

Lessor’s remedies against any other person or entity liable thereon to Master Lessor.

(v) Master Lessor may consent to subsequent sublettings and assignments of the Master Lease or this Sublease

or any amendments or modifications thereto without notifying Sublessor or anyone else liable under the Master Lease

and without obtaining their consent and such action shall not relieve such persons from liability.

(vi) In the event that Sublessor should default in its obligations under the Master Lease, then Master Lessor, at

its option and without being obligated to do so, may require Sublessee to attorn to Master Lessor in which event Master

Lessor shall undertake the obligations of Sublessor under this Sublease from the time of the exercise of said option to

termination of this Sublease but Master Lessor shall not be liable for any prepaid Rent nor any Security Deposit paid by

Sublessee, nor shall Master Lessor be liable for any other defaults of the Sublessor under the Sublease.

(d) The signatures of the Master Lessor and any Guarantors of Sublessor at the end of this document shall

constitute their consent to the terms of this Sublease.

(e) Master Lessor acknowledges that, to the best of Master Lessor’s knowledge, no default presently exists under

the Master Lease of obligations to be performed by Sublessor and that the Master Lease is in full force and effect.

(f) In the event that Sublessor defaults under its obligations to be performed under the Master Lease by Sublessor,

Master Lessor agrees to deliver to Sublessee a copy of any such notice of default. Sublessee shall have the right to

cure any default of Sublessor described in any notice within ten (10) days after such service of such notice of default on

Sublessee. If such default is cured by Sublessee, then Sublessee shall have the right of reimbursement and offset from

and against Sublessor.

10. Broker’s Fee

(a) Upon execution hereof by all Parties, Sublessor shall pay to _________________ ____________________

____________ a licensed real estate broker (“Broker”) a fee as set forth in a separate agreement between Sublessor and

Broker, or in the event there is no such separate agreement, the sum of $_____________ for brokerage services

rendered by Broker to Sublessor in this transaction.

(b) Sublessor agrees that if Sublessee exercises any option or right of first refusal as granted by Sublessor herein,

or any option or right substantially similar thereto, either to extend the term of this Sublease, to renew this Sublease, to

purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has

an interest, then Sublessor shall pay to Broker a fee in accordance with the schedule of Broker in effect at the time of

the execution of this Sublease. Notwithstanding the foregoing, Sublessor’s obligation under this Paragraph 10(b) is

limited to a transaction in which Sublessor is acting as a Sublessor, lessor or seller.

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SUBLEASE AGREEMENT

by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to extend or

renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which

Master Lessor may own or in which Master Lessor has an interest, or if Broker is the procuring cause of any other lease

or sale entered into between Sublessee and Master Lessor pertaining to the Premises, any part thereof, or any adjacent

property which Master Lessor owns or in which it has an interest, then as to any of said transactions, Master Lessor

shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this

Sublease.

(d) Any fee due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any

option to extend or renew, upon the execution of any new lease, or, in the event of a purchase, at the close of escrow.

(e) Any transferee of Sublessor’s interest in this Sublease, or of Master Lessor’s interest in the Master Lease, by

accepting an assignment thereof, shall be deemed to have assumed the respective obligations of Sublessor or Master

Lessor under this Paragraph 10. Broker shall be deemed to be a third-party beneficiary of this Paragraph.

11. Attorney’s Fees

. If any party or the Broker named herein brings an action to enforce the terms hereof or to

declare rights hereunder, the prevailing party in any such action, on trial and appeal, shall be entitled to his

reasonable attorney’s fees to be paid by the losing party as fixed by the Court.

12. Additional Provisions

13. Governing Law

. This Sublease shall be governed by the laws of the State of California. Any disputes hereunder

will be heard in the appropriate state and federal courts located in the County of _________ ___________, CA..

Executed at:__________________________

On:_________________________________

Address:_____________________________

____________________________________

Sublessor:

__________________________

By:____________________________________

Printed Name:___________________________

Title:__________________________________

Executed at:__________________________

On:_________________________________

Address:_____________________________

Sublessee: __________________________

By:___________________________________

Printed Name:

___________________________

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SUBLEASE AGREEMENT

____________________________________

Title:__________________________________

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