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FOURTH AMENDMENT TO STANDARD LEASE AGREEMENT (OFFICE) Gold Pointe Corporate Center 11919 Foundation Place, Gold River, CA 95670

Lease Agreement

FOURTH AMENDMENT TO STANDARD LEASE AGREEMENT (OFFICE) Gold Pointe Corporate Center 11919 Foundation Place, Gold River, CA 95670 | Document Parties: EHEALTH, INC. | Carlsen Investments, LLC | eHealthInsurance Services, Inc | Gold Pointe E, LLC | PDC Properties, Inc You are currently viewing:
This Lease Agreement involves

EHEALTH, INC. | Carlsen Investments, LLC | eHealthInsurance Services, Inc | Gold Pointe E, LLC | PDC Properties, Inc

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Title: FOURTH AMENDMENT TO STANDARD LEASE AGREEMENT (OFFICE) Gold Pointe Corporate Center 11919 Foundation Place, Gold River, CA 95670
Date: 11/7/2007
Industry: Insurance (Miscellaneous)     Sector: Financial

FOURTH AMENDMENT TO STANDARD LEASE AGREEMENT (OFFICE) Gold Pointe Corporate Center 11919 Foundation Place, Gold River, CA 95670, Parties: ehealth  inc. , carlsen investments  llc , ehealthinsurance services  inc , gold pointe e  llc , pdc properties  inc
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Exhibit 10.15.1

FOURTH AMENDMENT TO STANDARD LEASE AGREEMENT (OFFICE)

Gold Pointe Corporate Center

11919 Foundation Place, Gold River, CA 95670

This Fourth Amendment to Standard Lease Agreement (Office) dated for reference purposes as October 11, 2007 (the “ Fourth Amendment ”), is entered into by and between Carlsen Investments, LLC a California limited liability company as successor in interest to Gold Pointe E, LLC, a California limited liability company, (“Landlord” ), and eHealthInsurance Services, Inc., a Delaware corporation (“Tenant” ).

RECITALS

A. Landlord’s predecessor-in-interest and Tenant entered into that certain Standard Lease Agreement (Office) dated as of June 10, 2004 (“Original Lease”), for certain premises, more particularly described therein (“ Premises” ), located in the building at 11919 Foundation Place, Suite 100, Gold River, California 95670 ( “Building” ).

B. The Original Lease, Amendment Number One dated December 23, 2004, Second Amendment To Standard Lease Agreement (Office) dated June 15, 2005, Third Amendment To Lease And Acknowledgement To Standard Lease Agreement (Office) dated February 8, 2006 and Exhibits A, A-1, B, C, D, E, F, G, H and I shall hereinafter be referred to as the “Lease.”

C. The Premises currently comprises a total of approximately twenty-eight thousand eight hundred thirteen (28,813) rentable square feet (the “Premises” ). It is now the intention of the parties to amend the Lease to expand the Premises into a portion of Suite 200 on the Second floor of the Building by approximately three thousand two hundred twenty five (3,225) rentable square feet (the “Expansion Premises Number One” ) and into Suite 270-280 on the Second floor of the Building by approximately six thousand eight hundred fifty nine (6,859) rentable square feet (the “Expansion Premises Number Two” ) to total approximately thirty-eight thousand eight hundred ninety seven (38,897) rentable square feet within the Building (the “Amended Premises” ) and to amend other matters as herein provided.

NOW, THEREFORE, in consideration of the foregoing and the mutual agreement of the parties hereto to the terms and conditions set forth below, the parties agree as follows:

AGREEMENT

1. Effective Date. This Fourth Amendment shall be effective on the date when executed by both Landlord and Tenant and Landlord has delivered a fully executed Fourth Amendment to Tenant, which date shall hereinafter be referred to as the “Effective Date.”

2. Lease at 11919 Foundation Place, Suite 250. Effective November 5, 2007 or upon completion of the demise of the Amended Premises described as 3,225 rentable square feet in a portion of suite 200, which ever the latter, but in no event later than November 9, 2007. Landlord hereby Leases to Tenant and Tenant hereby leases from Landlord, the “Expansion Premises Number One” consisting of approximately three thousand two hundred twenty five (3,225) rentable square feet which includes a 2,773 square foot area and a contiguous 452 square foot area, in a portion of Suite 200, 11919 Foundation Place, Gold River, CA. Effective with the Commencement Date as set forth in Paragraph 3 below, Landlord hereby leases to Tenant and

 


Tenant hereby leases from Landlord, the “Expansion Premises Number Two” , consisting of approximately six thousand eight hundred fifty nine (6,859) rentable square feet, Suite 270-280, 11919 Foundation Place, Gold River, CA to total approximately thirty-eight thousand eight hundred ninety seven (38,897) rentable square feet (the “Amended Premises” ), 11919 Foundation Place, Gold River, California on all the terms and conditions set forth in the Lease, subject to the terms and conditions of this Fourth Amendment. All references in the Lease to the “Expansion Premises Number One” and Expansion Premises Number Two shall refer to the “Amended Premises” demised under this Fourth Amendment and as referenced on the attached Exhibit A.

3. Term. The term of the Lease for the “Amended Premises” shall be extended from May 31, 2010 to December 31, 2012 commencing upon January 1, 2008 or the earlier of the following dates (the “Commencement Date” ): (i) the date on which the “Expansion Premises Number Two” is Substantially Complete (as defined below); (ii) the date on which the “Expansion Premises Number Two” would have been Substantially Complete had there been no delays caused by or attributable to the Tenant; or (iii) the date upon which the Tenant takes possession of the “Expansion Premises Number Two” with the Landlord's written consent. Within thirty (30) days after the Commencement Date, Landlord and Tenant shall execute an amendment to this Lease setting forth the Commencement Date for the “Amended Premises” . For purposes of the foregoing, the “Amended Premises” shall be deemed to be “ Substantially Complete ” when (i) Tenant is tendered direct access to the “Amended Premises” with building services furnished to the “Amended Premises” , and (ii) the identified construction to be provided by Landlord, as set forth in this Fourth Amendment has been completed, with the exception of minor punch list items. Completion of Landlord’s construction shall be certified by Landlord’s contractor that the defined scope of work has been completed.

4. Rent. The Base Rent for the “Expansion Premises Number One” shall be on the same terms and conditions as set forth in Lease payable as follows:

The Base Rent for the portion of rentable square footage of the Amended Premises on which the lease period has commenced under the Lease shall be as follows:

 

DATE   RENT

Dec. 1, 2007 to May 31, 2010

  $1.85 per square foot, per month

Jun. 1, 2010 to May 31, 2011

  $1.95 per square foot per month

Jun. 1, 2011 to May 31, 2012

  $2.00 per square foot per month

Jun. 1, 2012 to Dec. 31, 2012

  $2.05 per square foot per month

The Base Rent amounts above are stated on a “full service gross basis”, which shall include operating expenses such as real estate taxes, insurance, maintenance, utilities, and janitorial services.

5. Tenant’s Proportionate Share. Tenant’s proportionate share of the total rentable area of the Building shall be increased by 15.95% to 61.54% effective with the “ Commencement Date ”.

6. Tenant Improvements. Landlord shall provide Tenant a tenant improvement allowance in the amount of $100,000.00 in accordance with Exhibit B, Lease Improvement Agreement to the Lease. Such allowance shall include architectural space plans, permits, fees, and fees of Landlord’s construction representative.

 

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7. Option To Renew. Tenant’s Option To Renew in accordance with Section 40 (d) (1) (2) (3) (4) and (5) of the Lease shall be modified as follows:

 

  (i.) Section 40. (d) First paragraph. On the second line after the word “Lease” the balance of the paragraph shall be deleted in its entirety and replaced with the following: “have one (1) successive option to renew this Lease for a term of three (3) years for the Amended Premises in ‘as is” condition and on the same terms and conditions set forth in this Lease, except as modified by the terms, covenants and conditions set forth below”:

 

  (ii.) Section 40 (d) (1) of the Lease shall be modified as follows: On the second line “two hundred seventy (270) days” shall be deleted and replaced with “three hundred and sixty-five (365) days”. On the fourth line “one hundred eighty days (180) days” shall be deleted and replaced with “two hundred seventy (270) days”.

 

  (iii.) Section 40 (d) (2) (3) (4) & (5) of the Lease shall remain unmodified.

8. Right Of First Refusal. The first paragraph of Section (40) (e) is deleted in its entirety and shall be replaced with the following. “Upon the expiration of the DR Horton lease, occurring 11/30/2010, Tenant shall have an on-going Right of First Refusal on D. R. Horton’s 18,452 square foot premises (suite 200) on the second floor of the building and D. R. Horton’s 5,841 square foot premises (suite 180) on the first floor of the building. Said Right Of First Refusal shall expire on December 31, 2010.

Additionally, should DR Horton have interest in relinquishing any of their space, prior to their lease expiration date of November 30, 2010, either through subleasing, lease buy-outs or any other mechanism, eHealth shall have an On-Going First Right of Refusal on said space.

9. Parking. Tenant shall be provided twenty seven (27) parking spaces currently allocated to Yamas Controls including spaces described as “reserved” and thirteen (13) in-common parking spaces currently allocated to D. R. Horton.

10. Contingency. The terms of this Fourth Amendment are conditioned upon Carlsen Investments, LLC (Landlord) and Yamas Controls Group, Inc. (Tenant) in suite 270-280 fully executing a termination of lease agreement, and Landlord executing a lease amendment with D. R. Horton (Tenant) for a reduction of a portion of their premises square footage in Suite 200, no later than October 29, 2007.

11. Ratification. Except as modified by this Fourth Amendment, the Lease is ratified, affirmed, in full force and effect, and incorporated herein by this reference. This Fourth Amendment is intended to modify the lease and shall be deemed to amend any language in the Lease which is read or interpreted contrary to the agreements set forth herein. Any covenant or provision of the Lease which is not inconsistent with this Amendment shall remain in full force and effect.

12. Counterparts; Facsimile Execution. This Fourth Amendment may be executed in any number of counterparts all of which taken together shall constitute one and the same instrument. To facilitate execution of this Fourth Amendment, the parties may execute and exchange facsimile counterparts of the signature pages, and facsimile counterparts shall serve as originals. The parties agree to provide original hard copies of such signature pages to the other party within five (5) business days of execution by such party.

Signatures begin on next page

 

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SIGNATURE PAGE

IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as of the date set forth below.

 

LANDLORD:

 

CARLSEN INV


 
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