FOURTH AMENDMENT TO LEASE
(Towne Centre Plaza)
THIS FOURTH AMENDMENT TO LEASE (Fourth Amendment) is made and entered into as of the 10th day of June, 2014, by and between ARDEN REALTY LIMITED PARTNERSHIP, a Maryland limited partnership (Landlord), and LOANDEPOT.COM, LLC, a Delaware limited liability company (Tenant), formerly known as loanDepot.com Lending, LLC.
A. Landlord and Tenant entered into that certain Standard Office Lease dated as of March 10, 2011 (the Original Lease), as amended by that certain First Amendment to Lease dated as of September 7, 2012 (the First Amendment), that certain Second Amendment to Lease dated as of January 24, 2013 (the Second Amendment), and that certain Third Amendment to Lease dated as of March 27, 2014 (the Third Amendment), whereby Tenant leases certain office space located in those certain buildings located and addressed at each of 26642 (the 26642 Building) and 26672 (the 26672 Building) Towne Centre Drive, Foothill Ranch, California 92610, which 26642 Building and 26672 Building are part of that three-building development known as Towne Centre Plaza (the Development), which Development also contains that certain building located and addressed at 26632 Towne Centre Drive, Foothill Ranch, California 92610 (the 26632 Building). The Original Lease, as amended by each of the First Amendment, Second Amendment, and Third Amendment, shall herein be referred to, collectively, as the Lease.
B. By this Fourth Amendment, Landlord and Tenant desire that Tenant lease space within the 26632 Building, and to otherwise modify the Lease as provided herein.
C. Unless otherwise defined herein, capitalized terms shall have the meanings given such terms in the Lease.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:
1. Existing Premises. Landlord and Tenant hereby acknowledge that Tenant currently leases from Landlord that certain office space in the Development consisting of a total of 121,402 rentable square feet (the Existing Premises), which Existing Premises are comprised of (i) 67,694 rentable square feet comprising the entirety of the 26642 Building (the 26642 Building Premises), and (ii) a total of 53,708 rentable square feet in the 26672 Building (the 26672 Building Premises) consisting of (A) 6,515 rentable square feet known as Suite 100, (B) 9,200 rentable square feet known as Suite 125, (C) 5,317 rentable square feet known as Suite 150, (D) 23,464 rentable square feet consisting of the entire second (2nd) floor, (E) 5,903 rentable square feet known as Suites 300 and 305, and (F) 3,309 rentable square feet known as Suite 310.
2. Expansion Space. That certain space located on the second (2nd) floor of the 26632 Building currently known as Suite 200, as outlined on the floor plan attached hereto as EXHIBIT A, shall be referred to herein, collectively, as the Expansion Space. Landlord and Tenant hereby stipulate that the Expansion Space contains a total of 6,318 rentable square feet and such square footage is not subject to adjustment or re-measurement by Landlord or Tenant, even if the actual rentable square footage of the Expansion Space is more or less than 6,318 rentable square feet. Tenant shall lease the Expansion Space and commence to pay charges for the Expansion Space pursuant to the Lease, as hereby amended, effective as of the later of (i) July 1, 2014, or (ii) the completion of the Improvements (as that term is defined in Section 6 below) (Expansion Commencement Date); provided, however, that Landlord shall provide Tenant with access to the Expansion Space upon full execution and delivery of this Fourth Amendment by Landlord and Tenant for the purposes of installing Tenants furniture, fixtures, and equipment and Tenants telephone, network, and data cabling, and Tenant shall have no obligation to pay Basic Rental with respect to the Expansion Space during the period of such access.; provided, however, that (i) Tenants access shall not interfere with Landlords completion of the Improvements, (ii) Tenant shall provide a certificate of insurance in accordance with Article 14 of the Original Lease for the