Standard Sublease Form - California

This "Standard Sublease Form" is a part of the paperwork released by the California Department of General Services specifically for California residents.

The latest fillable version of the document was released on May 1, 2014 and can be downloaded through the link below or found through the department's forms library.

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DEPARTMENT OF GENERAL SERVICES
STATE OF CALIFORNIA
REAL ESTATE SERVICES DIVISION
STANDARD SUBLEASE FORM
SUBLEASE COVERING PREMISES LOCATED AT
Lease No.:
SUBLESSOR'S FED. TAX. I.D., NO. OR SOCIAL SECURITY NO.
Project No.:
SUBTENANT AGENCY
Preamble
This Agreement, made and entered into this
day of , 201, is a Sublease of that certain Lease Agreement (the “Master
th
Lease”) dated between as Lessor (the “Master Lessor”) and as Lessee. This Sublease agreement is between
hereinafter called the Sublessor, without distinction as to number or gender, and the State of California, acting by and
through the Director of the Department of General Services, hereinafter called the State;
WITNESSETH
WHEREAS, under the Master Lease, Sublessor hires from Master Lessor certain premises located at as more
particularly described in the Master Lease, and
WHEREAS, a copy of the Master Lease is attached hereto, incorporated herein as Exhibit “D” and made a part of this
sublease by this reference; and
WHEREAS, the Master Lease provides that Sublessor shall have the right to sublet any portion of the Master Leased
Premises; and Sublessor has obtained necessary consent from the Master Lessor; and
WHEREAS, the and the State of California’s Employment Development Department (EDD) desire to consolidate
certain of their operations at a facility currently under Master Lease to the Sublessor;
NOW, THEREFORE, it is mutually agreed between the parties as follows:
Description
1. The Sublessor hereby subleases unto the State and the State hereby hires from the Sublessor those certain premises
with appurtenances situated in the City of , County of , State of California, and more particularly described as follows:
Approximately net usable square feet of office space on the floor (consisting of net usable square feet of shared space as
outlined in green and net usable square feet of exclusive space as outlined in red on the attached Exhibit A Plan), of the
building located at together with Specifications marked Exhibit "B" and Sublessor compliance procedures marked Exhibit
"C", said Exhibits "A" and "B" and "C", Project No. dated , hereby being incorporated by said reference into this sublease,
and including nonexclusive, unobstructed parking spaces contiguous to the subject building, and unlimited use of the
building's common facilities.
Term
2. The term of this sublease shall commence on , and shall end on , with such rights of termination as may be
hereinafter expressly set forth.
Early
3. The State may terminate this sublease at any time effective on or after , by giving written notice to the Sublessor at
Termination
least
Choose Number of Days
days prior to the date when such termination shall become effective. If the State fails to
complete its move out within the notice period and remains in the premises, additional rent shall be paid and prorated on a
thirty (30) day month, based on the actual number of days the State occupies the premises following the effective date of
termination.
Page 1 of 9
(Rev. 5/14)
DEPARTMENT OF GENERAL SERVICES
STATE OF CALIFORNIA
REAL ESTATE SERVICES DIVISION
STANDARD SUBLEASE FORM
SUBLEASE COVERING PREMISES LOCATED AT
Lease No.:
SUBLESSOR'S FED. TAX. I.D., NO. OR SOCIAL SECURITY NO.
Project No.:
SUBTENANT AGENCY
Preamble
This Agreement, made and entered into this
day of , 201, is a Sublease of that certain Lease Agreement (the “Master
th
Lease”) dated between as Lessor (the “Master Lessor”) and as Lessee. This Sublease agreement is between
hereinafter called the Sublessor, without distinction as to number or gender, and the State of California, acting by and
through the Director of the Department of General Services, hereinafter called the State;
WITNESSETH
WHEREAS, under the Master Lease, Sublessor hires from Master Lessor certain premises located at as more
particularly described in the Master Lease, and
WHEREAS, a copy of the Master Lease is attached hereto, incorporated herein as Exhibit “D” and made a part of this
sublease by this reference; and
WHEREAS, the Master Lease provides that Sublessor shall have the right to sublet any portion of the Master Leased
Premises; and Sublessor has obtained necessary consent from the Master Lessor; and
WHEREAS, the and the State of California’s Employment Development Department (EDD) desire to consolidate
certain of their operations at a facility currently under Master Lease to the Sublessor;
NOW, THEREFORE, it is mutually agreed between the parties as follows:
Description
1. The Sublessor hereby subleases unto the State and the State hereby hires from the Sublessor those certain premises
with appurtenances situated in the City of , County of , State of California, and more particularly described as follows:
Approximately net usable square feet of office space on the floor (consisting of net usable square feet of shared space as
outlined in green and net usable square feet of exclusive space as outlined in red on the attached Exhibit A Plan), of the
building located at together with Specifications marked Exhibit "B" and Sublessor compliance procedures marked Exhibit
"C", said Exhibits "A" and "B" and "C", Project No. dated , hereby being incorporated by said reference into this sublease,
and including nonexclusive, unobstructed parking spaces contiguous to the subject building, and unlimited use of the
building's common facilities.
Term
2. The term of this sublease shall commence on , and shall end on , with such rights of termination as may be
hereinafter expressly set forth.
Early
3. The State may terminate this sublease at any time effective on or after , by giving written notice to the Sublessor at
Termination
least
Choose Number of Days
days prior to the date when such termination shall become effective. If the State fails to
complete its move out within the notice period and remains in the premises, additional rent shall be paid and prorated on a
thirty (30) day month, based on the actual number of days the State occupies the premises following the effective date of
termination.
Page 1 of 9
(Rev. 5/14)
Rent
4. Rental payments shall be paid by the State, from legally available funds and subject to the California Constitution, in
arrears on the last day of each month during said term as follows:
Rental payable hereunder for any period of time less than one month shall be determined by prorating the monthly rental
herein specified based on the actual number of days in the month. Rental shall be paid to Sublessor at the address specified
in Paragraph 5 or to such other address as the Sublessor may designate by a notice in writing. If the premises are not
complete pursuant to Paragraph 6 by the date shown in Paragraph 2, it is understood and agreed by and between the parties
that, at the State's sole option, the dates shown in Paragraphs 2 and 3 and the dates and dollar amounts shown in Paragraph
4 may be adjusted to the first of the month following the State's acceptance of the completed premises, such acceptance shall
not unreasonably be withheld. If the State exercises this option, it is agreed the State will complete unilaterally an
amendment to the sublease to revise the herein above stated dates. Any accrued rents for the period of time prior to the
unilaterally adjusted commencement date will be paid in accordance with Paragraph 8. Additionally, it is understood and
agreed between the parties that, at the State's option, the dates shown in the "CPI Escalator Operating Expenses" paragraph,
if incorporated herein, shall be adjusted to reflect the time delay between sublease commencement and the first of the month
following the actual acceptance date.
Notices
5. All notices and correspondence herein provided to be given, or which may be given by either party to the other, shall
be deemed to have been fully given when made in writing and deposited in the United States Mail, certified and postage
prepaid and addressed as follows:
To the Sublessor
Phone No.: ()
FAX No.: ()
Email:
and to the State:
DEPARTMENT OF GENERAL SERVICES,
REAL ESTATE SERVICES DIVISION
LEASE MANAGEMENT
707 THIRD STREET, SUITE 5-305
PHONE NO. (916) 375-4172
WEST SACRAMENTO, CA 95605
FAX NO. (916) 375-4173
ALL
NOTICES
AND
CORRESPONDENCE
MUST
REFERENCE TENANT AGENCY AND PREMISES ADDRESS
Rental warrants shall be made payable to:
and mailed to:
Nothing herein contained shall preclude the giving of any such written notice by personal service. The address to which
notices and correspondence shall be mailed to either party may be changed by giving written notice to the other party.
Completion and
6. Sublessor agrees that, prior to , and at Sublessor's sole cost and expense, all required construction, improvements
Compliance with
and/or alterations, if any, shall be completed and the subleased premises made ready for State's occupancy in full compliance
Plans and
with Exhibit "A", consisting of
Choose Number of Pages
sheet titled, "Office Quarters, No. " dated , and in accordance
Specifications
with Exhibit "B", consisting of
# of pages
pages, plus cover sheet, titled, ", No. " dated , and Exhibit "C" consisting of
sixteen (16) pages titled, "Administrative Requirements Project No. " dated which Exhibits "A" and "B" and "C" are by
this reference incorporated herein.
Page 2 of 9
(Rev. 5/14)
Notice of
7. Sublessor shall notify the State in writing by certified mail of the date the subleased premises will be completed and
Completion and
ready for occupancy at least thirty (30) days prior thereto. Such notice shall be a condition precedent to the accrual of rental
Access to
hereunder, except however, that if the State occupies the premises prior to the receipt of such notice or prior to the
Premises during
expiration of the notice period of such notice, rental shall commence to accrue as of the date of occupancy.
Construction
Following execution of this sublease, and not more than sixty days (60) prior to completion of construction and
occupancy under this sublease, State or its contractors or other representatives shall have the right to enter the premises for
the purpose of installing certain equipment such as, but not limited to, modular system furniture, and electrical and
telecommunications cabling and equipment.
State agrees to indemnify and hold Sublessor harmless from and against any claims, damages, or other injury suffered by
Sublessor as a result of the work to be performed pursuant to this right to enter the premises prior to State's acceptance and
occupancy of the premises. Sublessor agrees to indemnify and hold State and its agents, contractors or other representatives
harmless from and against any claims, damages, injury or other harm suffered by reason of the negligence or other wrongful
act of Sublessor or any of Sublessor's agents, contractors, or other representatives.
In no event shall the exercise of this right of entry be construed so as to cause an acceleration of the occupancy date of
this sublease or the obligation of the State to pay rent.
Sublessor and State shall each make all reasonable efforts to ensure that the respective construction and installation work is
scheduled in such a manner so as to not interfere with or delay the other.
In the event that one or the other party causes a delay in the other party’s work, such injured party shall be compensated in
the following manner:
Delays caused by the Sublessor:
Credit the State a compensating day of delay in the occupancy date and corresponding day of delay in payment of rent.
Delays caused by the State:
Credit the Sublessor a compensating day of payment of rent from the actual date of occupancy.
Compensation will be in one day increments.
The parties agree that this shall be the sole remedy for delay, in that the calculation of damages in any other manner is too
uncertain and not susceptible of accurate determination.
Early Occupancy
8. Sublessor agrees that if the subleased premises are ready for occupancy prior to the completion date specified above
in Paragraph 6, State may elect to occupy the premises on the earliest date practical after its receipt of the herein required
completion notice. The rent payable for any such early occupancy by the State shall be at the rate of $ per month, and shall
be prorated on a daily basis for any partial month.
Time limit and
9. No rental shall accrue under this sublease, nor shall the State have any obligation to perform the covenants or
Prior Tenancy
observe the conditions herein contained until the subleased premises have been made ready for occupancy in accordance
with the provisions hereof. It is specifically agreed that in the event the subleased premises are not completed and ready for
occupancy by the State on or before
Click here to enter a
date., then and in that event the State may, at its option and in
addition to any other remedies it may have, terminate this sublease and be relieved of any further obligations hereunder,
providing that a fair and reasonable allowance for the following delays shall be added to said time for completion:
A. Acts of the State, its agents or employees, or those claiming under agreement with or grant from the State; or by
B. The acts of God which Sublessor could not reasonably have foreseen or guarded against; or by
C. Any strikes, boycotts or like obstructive actions by employees or labor organizations and which are beyond
control of Sublessor, and which cannot be reasonably overcome; or by
D. Restrictive regulations by the Federal Government which are enforced in connection with a National
Emergency.
It is understood by all parties hereto that it shall be the Sublessor's responsibility to remove any prior tenant.
Page 3 of 9
(Rev. 5/14)
Conformity to
10. Occupancy of the subleased premises by the State shall not relieve Sublessor in any respect from full compliance at
Exhibits
all times with aforesaid Exhibits "A" and "B" and "C". It is further understood and agreed that any installation not in
conformity with said Exhibits "A" and "B" and "C" shall be immediately corrected by the Sublessor at Sublessor's sole cost
and expense. In the event Sublessor shall, after notice in writing from the State requiring the Sublessor to comply with the
requirements of this paragraph in regard to a specified condition, fail, refuse or neglect to remedy such condition, State may
terminate this sublease without further obligation, or as to such specified condition, at its option and in addition to any other
remedy the State may have, withhold rent due and bring the subleased premises into conformity with said Exhibits at its own
cost including State's Administrative costs, if any, and deduct the amount thereof from the rent that may then be or
thereafter become due hereunder.
Asbestos
11. Sublessor hereby warrants and guarantees that the space subleased to the State will be operated and maintained free
of hazard from Asbestos Containing Construction Materials (ACCM) and agrees to the conditions for survey, testing, and
abatement of ACCM described in Exhibit "B" as applicable. Sublessor specifically agrees that, in the event the State elects to
exercise its rights under the provisions of Paragraph 16 of this sublease, any costs related to abatement or hazard from
asbestos shall be the Sublessor's responsibility as described in the aforementioned Exhibit "B."
Parking
12. Sublessor, at Sublessor's sole cost and expense, shall clearly mark the parking spaces described hereinabove as
assigned to the State of California. Said parking spaces will be arranged and maintained so as to provide unobstructed access
to each parking space at any time. In addition to any assigned parking spaces, State and its invitees shall have equal access to
common spaces provided to all tenants on a first-come, first-served basis.
Services, Utilities,
13. Sublessor, at Sublessor's sole cost and expense, during the term of this sublease shall furnish the following services,
and Supplies
utilities, and supplies to the area subleased by the State, and also to the "common" building areas (if any) such as lobbies,
elevators, stairways, corridors, etc., which State shares with other tenants, if any:
A. Sewer, trash disposal, and water service, including both hot and cold water to the lavatories except lavatories in
Employment Development Department public toilet rooms in lobby areas which need only cold water.
B. Elevator (if any) service.
C. Electricity and/or gas as necessary to provide power for heating, ventilating, and air conditioning, and electrical
or gas service as needed for State's operations.
D. Janitorial services sufficient to maintain the interior in a clean well-maintained condition; that is, to eliminate all
visible dust, dirt, litter, grime, stains, smears, finger marks, etc., to the greatest practical degree possible, by
performing at least the following:
Daily:
(1) Empty and clean all trash containers, and dispose of all trash and rubbish.
(2) Clean and maintain in a sanitary and odor-free condition all floors, wash mirrors, basins, toilet bowls, and
urinals.
(3) Furnish and replenish all toilet room supplies (including soap, towels, seat covers, toilet tissue, and sanitary
napkins).
(4) Sweep or dust mop all hard surface floors, and carpet sweep all carpeted areas, including stairways and halls.
Offices with hard surface floors in the public lobby area shall be damp-mopped daily.
(5) Remove finger marks and smudges from all glass entrance doors.
(6) Specifically check, and if action is needed, then:
a. Dust the tops of all furniture, counters, cabinets, and window sills, (which are free of interfering
objects).
b. Remove spots and/or spills from the carpets, floors, and stairways.
As needed, but not less frequently than:
Twice Weekly:
Vacuum all carpets.
Page 4 of 9
(Rev. 5/14)
Weekly:
(1) Damp mop all hard surface floors.
(2) Dust all window blinds.
(3) Treat stainless steel fountains and sinks to eliminate stains and mineral deposits.
(4) Spot clean the walls.
(5) Sweep parking areas and sidewalks.
Quarterly:
(1) Strip all hard surface floors and apply a new coat of floor finish; buff as necessary to produce a uniformly
shining appearance.
(2) Treat carpets for static electricity control (if not integrated in the fabric).
Semi-annually:
Wash all windows, window blinds, light fixtures, walls, and painted surfaces.
Annually:
(1) Steam clean carpets to remove all stains and spots.
(2) Clean Drapes.
In the event of failure by the Sublessor to furnish any of the above services or supplies in a satisfactory manner, the State
may furnish the same at its own cost; and, in addition to any other remedy the State may have, may deduct the amount
thereof, including State's Administrative costs, from the rent that may then be, or thereafter become due hereunder.
Repair and
14. A. During the sublease term, the Sublessor shall maintain the subleased premises in good repair and tenantable
Maintenance
condition, so as to minimize breakdowns and loss of the State's use of the premises caused by deferred or inadequate
maintenance, including, but not limited to:
(1)
Generally maintaining the subleased premises in good, vermin free, operating condition and appearance.
(2)
Furnishing prompt, good quality repair of the building, equipment, and appurtenances.
(3)
Furnishing preventative maintenance, including, but not limited to, manufacturers recommended
servicing of equipment such as elevator (if any), heating, ventilating and air conditioning equipment, and
fixtures.
(4)
Furnishing and promptly replacing any inoperative light bulbs, fluorescent tubes, ballast, starters, and
filters for the heating, ventilating and air conditioning equipment as required.
(5)
Furnishing remedial painting as necessary to maintain the premises in a neat, clean and orderly condition.
(6)
Annual testing and maintenance of all fire extinguishers in or adjacent to the subleased premises.
(7)
Repairing and replacing as necessary intrabuilding network cable and inside wire cable used for voice and
data transmission.
(8)
Repairing and replacing parking lot bumpers and paving as necessary. Repaint directional arrows,
striping, etc., as necessary.
(9)
Maintaining landscaped areas, including sprinklers, drainage, etc., on a weekly basis, in a growing, litter-
free, weedfree, and neatly mowed and/or trimmed condition.
(10) Repairing and replacing floor covering as necessary. Sublessor, at Sublessor's sole cost, shall arrange for
moving of furniture and equipment prior and subsequent to the repairing or replacement of floor
covering.
(11) Keeping all walkways, parking lots, entrances, and auxiliary areas free of snow, water, oil spills, debris, or
other materials which may be hazardous to users of the building.
B. Sublessor shall provide prompt repair or correction for any damage except damage arising from a willful or
negligent act of the State's agents, employees or invitees.
C. Except in emergency situations, the Sublessor shall give not less than 24 hour prior notice to State tenants, when
any pest control, remodeling, renovation, or repair work affecting the State occupied space may result in
employee health concerns in the work environment.
D. In case Sublessor, after notice in writing from the State requiring the Sublessor to comply with the requirements
of this paragraph in regard to a specified condition, shall fail, refuse or neglect to comply with such notice, or in
the event of an emergency constituting a hazard to the health or safety of the State's employees, property, or
invitees, the State may terminate this sublease without further obligation or at its option, perform such
maintenance or make such repair at its own cost and, in addition to any other remedy the State may have, may
Page 5 of 9
(Rev. 5/14)

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