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

termspecified 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 Countyof

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

_____________________ (the “Premises”).

2. Term

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

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

touse itsbest commercially reasonable efforts to deliver possession of the Premises by the commencement date. If,

despite said efforts, Sublessor is unable to deliver possession asagreed,the rightsand obligationsofSublessor and

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

3. BaseRent

.Sublessee shallpayto Sublessor asBase 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

executionhereof$___________asBaseRentfor 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 portionofthe monthly

installment.

4. Rent Defined

. All monetary obligations of Sublesseeto 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 theUnited Statesto

Sublessoratthe addressstated herein orto such other personsor at such other places as Sublessor may designate in

writing.

5. SecurityDeposit

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

Sublessee’sfaithfulperformance ofSublessee’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(asmodified byParagraph 7 ofthis

Sublease).

6. Use

(a)AgreedUse

.The Premisesshall 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

restrictionsofrecord and applicable building codes, regulations and ordinances in effecton the commencementdate.

Said warrantydoesnot apply tothe use to which Sublessee will put thePremises or toany alterations or utility

installations made or to be made by Sublessee. NOTE:Sublessee isresponsible for determining whether or notthe

zoning isappropriate for itsintended use,and acknowledgesthat past uses of the Premises may no longer be allowed.

Ifthe Premisesdo notcomplywith said warranty, or in the event that the applicable requirements are hereafter changed,

the rights and obligations of Sublessor and Sublessee shallbeasprovidedin the Master Lease (asmodifiedin

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,HVACand fire sprinklersystems,

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 suchmattersand

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

Sublessor’sagents,noranybroker hasmade anyoralorwritten representations or warranties with respect to said

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

acknowled

es that it isSublesso

’ssole

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SUBLEASE AGREEMENT

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

7. Master Lease

(a) Sublessor isthe lessee ofthe Premisesbyvirtue ofa 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.

(c)The terms, conditions and respective obligations of Sublessor and Sublessee to each other under this Sublease

shallbe the termsand conditions of the Master Lease except for those provisions of the Master Lease which are directly

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

for the purposes of thisSublease, wherever in the Master Lease the word “Lessor” isused it shall be deemed to mean

the Sublessor herein andwhereverin 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 allperiodssubsequentforobligationswhich have arisen prior to the

termination ofthisSublease,Sublessee does hereby expressly assume and agree to perform and comply with, for the

benefit of Sublessor andMaster Lessor, each and every obligation ofSublessor underthe Master Lease (the

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

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

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

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

Assumed Obligations.

(f)SublessoragreestomaintaintheMasterLeaseduring the entire term of this Sublease, subject however, to any

earlier termination of the Master Lease without the fault of the Sublessor, and to complywith or performSublessor’s

Remaining Obligations and to hold Sublessee free and harmless fromallliability,judgments,costs,damages,claimsor

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

(g)Sublessorrepresents 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,subjectto

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, collectand enjoythe Rentaccruing under this

Sublease. However, if Sublessor defaults in the performance of itsobligationsto Master Lessor,then MasterLessor

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

Master Lessor shall not, by reason of this assignment of the Sublease nor byreason of the collection ofthe Rentfrom

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

Remaining Obligations.

(c)Sublessor herebyirrevocablyauthorizesand directsSublessee upon receipt of any written notice from the

Master Lessor stating thata defaultexistsin the performance of Sublessor’s obligations under the Master Lease, to pay

toMaster Lessor theRentdue 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

Lessorwithout anyobligationorright toinquireas towhether such default exists and notwithstanding any notice from or

claimfromSublessor tothe contraryandSublessor shallhave 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,withinten (10) daysofthe datehereof,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 shallbe effective unless,withinten (10) daysofthe date

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

(i)Suchconsent shall not release Sublessor of its obligations or alter the primary liability of Sublessor to paythe

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

(ii) The acceptance ofRentby 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 eventofanydefault of Sublessor under the Master Lease, Master Lessor may proceed directly against

Sublessor,anyguarantorsoranyone 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)MasterLessor may consent to subsequent sublettings and assignments of the Master Lease or this Sublease

or any amendments or modifications thereto without notifying Sublessor or anyoneelse liable under theMaster Lease

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

(vi)Intheevent that Sublessorshoulddefault initsobligationsundertheMasterLease, then Master Lessor, at

itsoption and withoutbeing obligated todo so,mayrequire 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 beliable for any prepaid Rentnor anySecurity Depositpaid by

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

(d) The signaturesofthe MasterLessorand any Guarantors of Sublessor at the end of this document shall

constitute their consent to the terms of this Sublease.

(e) Master Lessor acknowledgesthat,to the bestofMaster Lessor’sknowledge, 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 eventthatSublessordefaults under its obligations to be performed under the Master Lease by Sublessor,

Master Lessor agreesto deliver to Sublessee a copy of any such notice of default. Sublessee shall havethe right to

cureanydefault of Sublessordescribedinanynoticewithin ten (10) days after such service of such notice of default on

Sublessee.Ifsuchdefaultis cured by Sublessee, then Sublessee shall have the right of reimbursement and offset from

and against Sublessor.

10. Broker’s Fee

(a) Upon execution hereofbyallParties,Sublessor shallpay 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 isno such separate agreement, the sum of$_____________ for brokerage services

rendered by Broker to Sublessor in this transaction.

(b) Sublessor agreesthatifSublessee exercisesanyoption or right of first refusal as granted by Sublessor herein,

or any option or right substantially similar thereto, either to extend the term of thisSublease, torenewthis Sublease, to

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

an interest, thenSublessor shall payto Broker a fee in accordance with theschedule of Broker in effect at thetimeof

the execution ofthisSublease.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

(c)MasterLessoragreesthat if Sublesseeshouldexercise any option or right of first refusal granted to Sublessee

byMasterLessorinconnectionwiththisSublease, orany option or right substantially similar thereto, either to extend or

renew the Master Lease, to purchase thePremises or any part thereof, or to lease or purchase adjacentpropertywhich

Master Lessor mayown 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 MasterLessorpertaining to the Premises, any part thereof, or any adjacent

property which Master Lessor owns or in which it has an interest,then asto anyofsaid transactions,Master Lessor

shallpayto 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 ofany

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 transfereeofSublessor’sinterestin thisSublease,or ofMaster Lessor’sinterestin the Master Lease, by

acceptingan 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 bringsan actionto enforce the termshereoforto

declare rightshereunder,the prevailingpartyin 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. GoverningLaw

.ThisSublease shallbe 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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