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Sample Sub-Lease Agreement NOTE: This is a sample sub-lease agreement. It is provided here only to convey the information included in an actual Sub-Lease Agreement.
SAMPLE INCOME SUB-LEASE AGREEMENT Heartland Works, Inc. (hereafter referred to as “HWI”) currently leases space in the office building located at [insert Name of the Workforce Center] from [insert Name of the Lessor] (hereafter referred to as “Lessor”). Pursuant to said lease and in consideration of the rents, covenants, and agreement of [insert Name of Workforce Center Partner] (hereafter referred to as “Sub-Lessee”), HWI does sublet and rent to [insert Name of Workforce Center Partner], [insert Approximate Square Footage of Space (%)] square feet of office space at [Address of the Workforce Center]. 1. TERM- To have and hold said [insert Square Footage of Space (%)] square feet of office space for a term of [insert Length of Sub-Lease in Months or Years], which is to begin on [insert Effective Date of Sub-Lease] and, which term is to end on [insert Date Sub-Lease Expires]. 2. RENTAL PAYMENTS- Sub-Lessee agrees to pay equal monthly installments of [See Special Provision #10] commencing [insert Begin Date of Installments] and on the [insert Day of the Month] day of each month thereafter until the term of this lease ends. 3. USE OF PREMISES- Sub-Lessee shall have the use of the premises for the term of this lease for the purpose of [“providing customer services as described in Exhibit “A” of the Workforce Investment Act One Stop Partner Memorandum of Understanding entered into between HWI and Sub-Lessee for the (City Name of) Workforce Center”]. 4. UTILITIES- Water, gas, air-conditioning, electricity, waste disposal and heat will be furnished and paid for by HWI and charged back to Sub-Lessee for its pro-rata share of [insert Percentage of Partner’s Cost Share]. 5. REPAIR OF PREMISES- Repairs of damage caused by Sub-Lessee shall be paid for by Sub-Lessee. Any decorations or remodeling shall be at the discretion and subject to the prior written approval of HWI and Lessor. Interior repairs and/or additional improvements are to be performed by Lessor’s approved contractors. 6. ADDITIONAL SERVICES- Lessor will also furnish and pay for: grounds maintenance and landscaping, snow removal, pest control, maintenance of porches, sidewalks, and parking areas, for areas referred to as common areas. Interior custodial/janitorial service, pest control and fire extinguishers and annual inspections for leased premises shall be furnished and paid for by HWI and charged back to Sub-Lessee for its pro-rata share of [insert Percentage of Partner’s Cost Share]. 7. UNTENANTABLE PREMISES- If the leased premises shall be damaged by fire, casualty, natural disaster, or other cause so as to be untenantable, the rental payments shall abate from the date of such damage and shall not resume until the premises are restored to tenantable condition, provided, however, if the damage so caused shall render restoration by the Lessor impossible within ninety days of the time of such damage, and HWI elects to void its lease with Lessor, Sub-Lessee’s lease will also be voided and the obligation to occupy and to pay any unpaid balance of rentals shall cease from the date of said damage. Any prepaid rent shall be returned to Sub-Lessee for the period the premises are untenantable. 8. AUTOMATIC TERMINATION- This lease agreement, if not previously terminated, shall automatically expire at the end of the term specified. 9. AGREEMENT WITH KANSAS LAW- This lease agreement shall be subject to, governed by, and construed according to the laws of the State of Kansas. 10. BINDING EFFECT- The terms and conditions of this lease agreement shall be binding upon the parties, their agents, administrators or legal successors. 11. RESPONSIBILITY FOR TAXES- HWI and Sub-Lessee shall not be responsible for nor indemnify Lessor for any taxes, fees or assessments which may be imposed or levied upon the subject matter of this lease agreement. 12. LIABILITY FOR DAMAGES- Notwithstanding any language to the contrary, HWI shall not be responsible for any damages caused by Sub-Lessee. Sub-Lessee agrees to hold harmless and indemnify HWI from any and all claims that are brought or maintained by third parties against HWI by reason of the acts or omissions of the Sub-Lessee. 13. TERMINATION FOR FISCAL NECESSITY- Notwithstanding any other provision of this lease, if funds anticipated for the continued fulfillment of this lease agreement are at any time not forthcoming, either through failure of the legislature to appropriate funds specifically budgeted for this lease or the discontinuance or material alteration of the program under which funds were provided, then the Sub-Lessee or HWI shall have the right to terminate this lease by giving other party not less than [insert Period of Days or Months Agreed Upon] notice specifying the reasons for such necessary termination. The termination of the lease pursuant to this paragraph shall not cause penalty to be charged to the Sub-Lessee. Any prepaid rent shall be returned to Sub-Lessee for the period following the termination date. 14. RELATIONSHIP OF THE PARTIES TO THIS SUBLEASE AGREEMENT- This agreement is a lease for office space only and the relationship between the parties to this lease agreement is that of Lessee to Sub-Lessee. In no event shall the agents or employees of [insert Name of Workforce Center Partner] be deemed to be employees of HWI. 15. MODIFICATION- HWI reserves the right to modify this lease agreement upon written notice to and subsequent written consent by Sub-Lessee. Modifications are subject to the same approvals and conditions as required for approval of this lease agreement. 16. CONTRABAND- Possession of illegal drugs or of firearms, alcoholic beverages or other contraband on the premises is prohibited. 17. ENTIRE AGREEMENT- This written lease contains the entire agreement between the parties and provisions, agreements or promises not contained herein shall have no force or effect. 18. ADDITIONAL SPECIAL PROVISIONS- Additional Special Provisions, if any, should be set out on a separate sheet to begin with number one (1). Special Provisions all must be listed in numerical order to be considered effective to bind the parties to this agreement. HWI and Sub-Lessee must sign their names immediately following the last listed Additional Special Provision. Those additional numbered Special Provisions contained on an attachment are made a part hereof and incorporated into this contract. (These numbers of the Additional Special Provisions applicable must be listed on the following line.) [insert 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and/or 12 As Agreed]. 19. APPROVALS- PURSUANT TO KANSAS LAW THIS LEASE AGREEMENT IS NOT EFFECTIVE UNTIL THE AGREEMENT HAS BEEN SIGNED AND THE REQUIRED APPROVALS AFFIXED HERETO. Kris L. Kitchen, Executive Director Lessee: Title Date CERTIFICATION STATEMENT- I certify that this lease agreement is entered into within the authority of law, is with my approval, and that the person signing said agreement for the lease immediately below is authorized to do so. Sub-Lessee: Title Date
ADDITIONAL SPECIAL PROVISIONS Sub-Lease of Office Space to [insert Name of Workforce Center] [insert Address of Workforce Center] SPECIAL PROVISION 1: Each party shall, at its own expense, provide such insurance or self-insurance as each party shall deem necessary for its own protection. Neither party, their agents, employees or servants shall be liable to the other for loss arising out of or damage to the sublet premises or the contents thereof, which loss could be covered by standard fire, casualty and extended risk insurance, whether or not such damage or destruction be the result of negligence on the part of either party, of its agents, servants or employees. SPECIAL PROVISION 2: Local Phone & Fax Service: Includes maintenance of phone system, fax machine and supplies for fax. Sub-Lessee will be charged for local phone & fax service based on percent of phone devices assigned to Sub-Lessee of total phone devices assigned. (Example: HWI has two staff present and each staff has a phone set at their station. Sub-Lessee has two staff present and each staff has a phone set at their station. There are a total of four phone devices assigned, therefore, Sub-Lessee’s share is 50% (2/4) of local phone and fax service. Later when SubLessee #2 adds one staff to the workforce center and is assigned a phone, then Sub-Lessee’s share is 40% (2/5) and so on and so on.) SPECIAL PROVISION 3: Long Distance Phone Service: Sub-Lessee will be charged for long distance service based on actual usage. HWI will assign account codes to Sub-Lessee’s workforce center staff and the long distance invoice will detail charges per account codes. Sub-Lessee agrees its workforce center staff will use the assigned account codes for all long distance calls unless Sub-Lessee has other means (i.e., calling card, etc.) for its workforce center staff to access long distance which may be directly invoiced to Sub-Lessee by long distance provider. SPECIAL PROVISION 4: Copier Service: This service includes copier paper, toner, copier lease and maintenance. Sub-Lessee will be charged for copier service based on actual usage. HWI will assign account codes to Sub-Lessee’s workforce center staff. Copier will track number of copies per account code. Copy totals will be reported to HWI Administrative office by HWI staff on monthly basis. Partner will be charged percent of copier lease based on Sub-Lessee’s percent of copies of total copies plus actual cost of paper. (Example: Copier lease = $154.50/month, copier paper = $.005/sheet. Total copies for month = 250 of which Sub-Lessee’s copies = 100. Sub-Lessee’s share of total copies = 40% (100/250), therefore Sub-Lessee’s share of copier lease = $61.80 (.40 x 154.50) plus $.50 for paper (.005 x 100 sheets) making Sub-Lessee’s cost for the month = $62.30) SPECIAL PROVISION 5: Internet Service: This includes all fees associated with the circuit plus fees as charged by the Internet Service Provider and maintenance. Sub-Lessee will be charged based on Sub-Lessee’s percent of devices compared to total devices connected to the Internet. SPECIAL PROVISION 6: Server and Staff Printer Access: This includes actual costs of the server (hardware and software) plus insurance, maintenance and upgrade if necessary. Maintenance and upgrade include software and peripheral equipment (i.e., hub, wiring, etc.) Necessary for server and printer access. Also includes printer paper, toner and maintenance and upgrade of printer. Sub-Lessee will be charged these costs based on Sub-Lessee’s percent of devices of total devices (less devices from Resource Center) connected to the server. SPECIAL PROVISION 7: Resource Center: This includes maintenance of computers plus Resource Center’s percent of server costs, Resource Center printer, copier, supplies (i.e., paper, envelopes, subscriptions, pens, pencils and other items as needed for customers), phone and Internet access. Also includes insurance costs. Sub-Lessee will be charged for _______% (insert partner's assigned percentage) of costs. (Example: Resource Center costs = $700/month. SubLessee’s share = $38.92 (.0556 x 700). SPECIAL PROVISION 8: Sub-Lessee Workforce Center Staff Supplies & Postage: Sub-Lessee shall be responsible for Sub-Lessee’s Workforce Center staff supplies, postage, forms and brochures Sub-Lessee’s staff is required to use for its program-specific customer services and advertising and any other costs/services not mentioned in this lease agreement for which Sub-Lessee’s staff requires. In the event it is necessary for HWI to incur expenses on Sub-Lessee’s behalf for other items that are not mentioned in this lease agreement, Sub-Lessee will be invoiced and responsible for payment of said items. Such items will be mutually agreed upon by HWI and Sub-Lessee in writing prior to HWI incurring such items unless the safety and well being of the Workforce Center occupants, equipment and/or building justifies immediate expenditure. SPECIAL PROVISION 9: Interior Maintenance or Misc Premise Expenses: Interior maintenance be will performed by the Lessor on an as needed basis and billed back to HWI. HWI will in turn charge the Sub-Lessee for it’s pro-rata share of such expense. Interior maintenance includes replacement of fluorescent light bulbs within the sublet space, installation and replacement of fluorescent light ballasts within the sublet space and other services as needed to maintain the sublet space not previously mentioned. Miscellaneous premise expenses include such items as water cooler rental and other items not included in the monthly rental fee that should be necessary for the Workforce Center staff and/or customers. SPECIAL PROVISION 10: Payment: Sub-Lessee shall pay estimated monthly costs per Estimated Cost Schedule attached for Special Provisions #2 through #9 by the 1st of each month in addition to rent and estimated premise costs. Estimated payments will be applied to actual costs and Sub-Lessee will be invoiced throughout the year for any additional amount owed to HWI. Consequently, Sub-Lessee will be reimbursed or credited for any overage paid. SPECIAL PROVISION 11: Renewal: By the giving of notice in writing to HWI at least 30 days prior to the end of the term specified, Sub-Lessee may renew this lease for an additional term of [insert one year periods up to an additional two (2) years] under the same conditions and terms set out herein, at an annual rate to be mutually agreed upon. The renewal option for Sub-Lessee is contingent upon HWI exercising its renewal options with the Lessor. SPECIAL PROVISION 12: Floor Plans: Floor plans of the space occupied by the Sub-Lessee of this agreement are attached.
SubLessee Authorized Signature and Date
Heartland Works, Inc., Executive Director Signature and Date
© Heartland Works. All rights reserved.
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