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Sample
Sub-Lease Agreement
For
illustration purposes only. May or
may not be suited for your particular needs. No explicit or implicit guarantees are
made. Consult an attorney to
draft your lease agreement.
OFFICE SUB-LEASE AGREEMENT
This
lease agreement (Lease), is by and between Arnold Hernandez (Landlord)
and_________________________________________________________(Tenant).
1.
LANDLORD is the lessor of an office suited described as
__________________________________________________________ consisting of five offices and a
reception area.
2.
LEASEHOLD INTEREST. The leasehold
interest is one office space (Office) described as suite
25-E, which has been inspected and ascertained
through a visual physical inspection and is to the satisfaction of
tenant, consisting of approximately 1100 square feet, tenant is granted a
30 day option to exchange the leasehold interest for suite 25-B
which consists of approximately 1200 square
feet. TENANT accepts the premises
in their existing condition, as is, and agree to return said premises in
the same or better condition at the end of the lease agreement. TENANT agrees not make any alterations
to the premises without LANDLORD’s written consent.
4.
TERM. LANDLORD hereby grants a
leasehold interest to TENANT and TENANT accepts the leasehold interest
from LANDLORD of the property. In consideration TENANT agrees to make
payment to LANDLORD as described herein and both parties agree to adhere
to the terms and conditions as set forth in this agreement.
(a)
TERM. The term shall start
Saturday May 5, 2007 at 5:00 p.m. and shall expire October 31, 2008 at
3:00 p.m.
(b)
EXTENDED TERM. Upon the expiration of the principal term there shall be
no additional
term.
5.
RENT. Tenant shall pay rent (rent) to LANDLORD in the amount of $375
per each month, except for the month of May
2007, which shall be prorated and only $314.51 shall be due. Rent shall be deemed received on time
if received by landlord or postmarked no later than the first day of each
month. If a postage meter is used,
rent shall be deemed received when actually received by Landlord.
(a)
LATE FEE. Tenant shall pay a late
fee of $40 for rent payments received more three days after the due date.
(b) ELECTRIC CONSUMPTION.
Tenant further agrees to pay LANDLORD 20% of the total electric utility
fee. Tenant shall be permitted ten
days to pay electric utility fees due after receipt of a copy of said
utility fee.
All rent and utility fees
shall be payable to Arnold Hernandez, PO Box 1419, San Marcos,
CA 92079.
(c) DEPOSIT. TENANT shall deposit $4000, which
shall be returned at the end of the lease agreement less any damage
caused to the common areas or the office
by TENANT or TENANT’s invitees.
6. DEFAULT. Any failure by Tenant to pay
the rent or any other fees or charges as provided for in this Lease when
due, or any failure by Tenant to observe or perform any other provisions,
covenant or condition of this Lease to be observed or performed by
Tenant, where such failure to pay or failure to observe or perform
continues for more than three days after written notice from LANDLORD to
Tenant, shall constitute a default by Tenant under this Lease.
Upon any such default,
LANDLORD shall have all remedies available to LANDLORD at law and in
equity.
7. ADDITIONAL
CONSIDERATION. Tenant shall be
entitled to use the property only to operate lawful activities only, and
agrees not operate or install any kitchen appliances, refrigerators,
heaters, stoves, ranges, indoor barbeque grills, outdoor barbeque grills,
or other devices that may pose a risk of fire, discomfort, or injury to
tenant or others, or any such
devices that require or consume excessive amounts of electricity
or cause strong odors that may disturb other sub-tenants. Tenant agrees not to store chemicals,
explosives, or other materials posing a risk of bodily harm to tenant or
others. Tenant agrees to refrain
from preparing hot meals or beverages within the suite. Tenant agrees to abide by all laws whether
local, county, state or federal.
Failure to observe these promises shall constitute a material
breach.
As further consideration
tenant agrees to use due care for the belongings and things of Landlord
and other tenants and agrees not to invite anyone that may pose a risk of
bodily injury to himself or others.
As additional consideration Tenant agrees to refrain from playing
loud music or creating other noise that would interfere with landlord or
other tenants right to quiet enjoyment of the suite.
As further consideration
tenant understands and agrees that there are fire sprinklers and their
operation is beyond landlords control and tenants personal property is at
risk of damage should said sprinklers become operational tenant assumes
such a risk.
As additional consideration
tenant may not sublease or assign without written approval from
Landlord.
8. AUTHORITY OF LANDLORD.
LANDLORD covenants and warrants that LANDLORD is the LESSOR of the
property and that LANDLORD has full power and authority to enter into and
perform under the covenants of this lease, including, without limitation,
sub-leasing the property and authorizing the maintenance of the
advertising structure at the location provided. LANDLORD grants to Tenant quiet
enjoyment of the property and warrants and agrees to defend Tenant in the
quiet enjoyment of the property during the term of this lease. In the event of any breach of any of
the foregoing, LANDLORD shall promptly rectify the same at the sole cost
and expense and shall indemnify, defend, and hold Tenant harmless from
and against any liability, loss, claim action or expenses suffered by
Tenant in connection with any such breach.
9. MAINTENANCE OF STRUCTURE.
Tenant shall, at its expense, maintain, service and keep in good condition
and repair the existing office.
Tenant shall also keep all areas under, on or about the existing
space clean and free of all rubbish, debris and waste. Tenant shall, in the event of any
breach of any of the foregoing, rectify the same at their sole cost and
expense within 10 days following written notice from to LANDLORD to
Tenant, and Tenant shall indemnity, defend and hold LANDLORD harmless
from and against any liability, loss, claim, action or expense suffered
by LANDLORD in connection with any such breach.
10. INDEMNITY AND INSURANCE.
Each party agrees to indemnity and hold harmless the other from any and
all claims or demands on account of bodily injury or physical property
damage caused by or resulting from any negligent or willful acts or omissions
of the indemnifying party or its agent, employees or contractors. Tenant agrees to carry, at is own cost
and expense, general liability insurance in the amount of one million
dollars covering any such contingency during the term of this lease and
add LANDLORD and GRANITE/ESPLANADE as additional insured.
11. CONVEYANCE. This lease
shall be biding upon heirs, executors, personal representatives,
successors, and assigns for the parties hereto and LANDLORD agrees to
notify Tenant of any changes or ownership of the property related hereto
or of Landlord’s mailing address within thirty days of such
change. LANDLORD agrees to hold
Tenant harmless from any action resulting from failure to provide said
notice. LANDLORD shall not assign
its interest under this lease or any part hereof except to a party who
purchases the underlying fee title to the property, or to a trust or any
other entity in which Jose and Leticia Arias retain ownership or control;
and Tenant shall not assign its interest under this Lease or any part
thereof except to party who purchases title to the subject sign
structures, provided however, this sentence shall not preclude collateral
assignment of Landlord’s or Tenant’ interest under this lease
to a lender as part of a bona fide loan transaction.
12. CONDEMNATION. In the event
that all or any part of the property is acquired or sought to be acquired
by any entity having or delegated the power of eminent domain, Tenant
shall be entitled to be compensated from any award or consideration payable
by the acquiring entity for all costs, damages, and value loss incurred
by Tenant relating to its leasehold, as improved with the outdoor
structure. LANDLORD may not
terminate this lease under any right or circumstance if the property has
been taken or is threatened to be taken by eminent domain, or if the
property is conveyed to any entity or its agent with eminent domain
authority. No present or future
modifications to this paragraph shall be effective unless this paragraph
is specifically referenced.
13. DAMAGE TO PREMISES. In the
event the premises are damage through fire or other acts not he fault of TENANT, then TENANT
shall be excused from paying rent and LANDLORD shall not held harmless. Shall the premises be uninhabitable for
a period of more than ten days as a result of damage not caused by
TENANT, then TENANT shall have the right to terminate the lease
agreement. Any damages caused by
TENANT shall be repaired at TENANT’s expense.
14. ENTIRE AGREEMENT. This lease
contains the entire agreement between the parties and may not be changed
except by written agreement signed by the parties. Oral representations or agreements
shall have no effect. If the
proper legal description of the property is not attached, either party
may attach or provide it at a later time.
15. TENANT agrees to provide
contact information to management
as well as an access to key to the office space
16. APPLICABLE LAW. This lease shall be governed by and
construed in accordance with the laws of the State of California
and venue shall be San
Diego County.
17. ARBITRATION. Unless
specifically stated otherwise, any controversy or claim arising out of or
relating to this agreement, or its breach, shall be settled by
arbitration in accordance with the rules of the American Arbitration
Association, and judgment on the award rendered by the arbitrator may be
entered in any court having jurisdiction.
Unless specifically stated otherwise, each party shall bear their
own attorney fees and costs, if any, associated with the
Arbitration. Venue shall be San Diego County. Discovery shall be per the California
Civil Discovery Act; Code of Civil Procedure §§ 2016.010-2036.050 as
amended.
18. LANDLORD and Tenant, by and through its
agents, employees, or representatives hereby acknowledge they have read
and understood the foregoing and agree to be bound by it.
19. NOTICE. All notices
required or permitted under this lease shall be given in writing and
shall be deemed given: on the day of service, if personally delivered, or
on the day received by the other party
if sent by certified mail return receipt at the designated address
listed below. Either party may
change the address for giving of notice by so notifying the other party
by written notice given in the manner set forth.
Notices
shall be given as follows:
If to
Tenant
____________________________________________________
____________________________________________________
____________________________________________________
If to LANDLORD
Arnold Hernandez
PO Box 1419
San Marcos, CA
92079
By:
__________________________________________
Arnold Hernandez
Tenant
By:
__________________________________________
Authorized
Agent for Tenant
Print Name:___________________________________Title____________________________
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