FIFTH AMENDMENT TO LEASE
THIS FIFTH AMENDMENT TO LEASE
AGREEMENT (this Amendment) is entered into as of the 1st day of May, 2014 by and between SYUFY ENTERPRISES, L.P., a California limited partnership (Landlord), and CENTURY THEATRES, INC., a California corporation (Tenant).
R E C I T A L S:
A. Landlord and Century Theatres of California Inc., a California corporation (Original Tenant), entered into a certain Lease dated as of September 30, 1995 (the Original
Lease), for certain premises located in North Hollywood, California.
B. The Original Lease as amended by (i) that
certain First Amendment to Lease dated as of September 1, 2000 (the First Amendment), (ii) that certain Second Amendment to Lease dated as of April 15, 2005 (the Second Amendment); (iii) that certain Third
Amendment to Lease dated as of September 29, 2005 (the Third Amendment) and (iv) that certain Third Amendment to Lease dated as of August 7, 2006 (the Fourth Amendment), is hereinafter referred to as the
Lease. [Note that the Fourth Amendment was inadvertently designated as the Third Amendment to Lease.]
C. Tenant plans to make significant improvements to Tenants
Building, and in conjunction therewith, enter into certain extensions
of the Lease Term in accordance with the provisions of this Amendment.
D. Landlord and Tenant now desire to further amend the
Lease, upon the terms and conditions set forth in this Amendment.
NOW THEREFORE, for good and valuable consideration,
the receipt, adequacy and sufficiency of which are hereby acknowledged, the Lease is hereby modified and amended, and Landlord and Tenant hereby agree, as follows:
1. Recitals Incorporated; Certain Defined Terms. The Recitals set forth above are incorporated into this Amendment and shall be deemed terms and provisions hereof, as if fully set forth in
this Paragraph 1. Capitalized terms that are used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Lease.
2. Lease Term. The current Lease Term is scheduled to expire on October 5, 2014. The current Lease Term is hereby extended to, and shall expire on, the day immediately preceding the
first day of the Renewal Term (defined below). Notwithstanding anything in the Lease to the contrary, Landlord and Tenant agree to extend the Lease Term for an additional ten (10) year period (the Renewal Term), and Sections 3 and
19 of the Fourth Amendment are hereby deleted in their entirety. The Renewal Term shall commence on that date which is the earlier of (i) Tenant opening to the public for business in Tenants Building after the completion of the
Theatre Remodel (as such term is hereinafter defined) or (ii) that date which is one hundred fifty (150) days after Tenants receipt of the Approvals (as hereinafter defined) for construction of the Theatre Remodel,
subject to Force Majeure events. Following the expiration of such ten (10) year period, Tenant shall have the right and option to extend the Renewal Term for two (2) consecutive periods of five (5) years each. In order to exercise an
extension option, Tenant cannot be in default under the Lease beyond any applicable notice and/or cure period, and Tenant must deliver a written notice to Landlord of the exercise of such extension option at least one hundred eighty (180) days
prior to the expiration of such ten (10) year period (or at least one hundred eighty (180) days prior to the last day of the first extension period, as the case may be). Further, in order to exercise the option for the second extension
period, Tenant cannot be in default under the Lease beyond any applicable notice and/or cure period, and Tenant must have previously exercised the option for the first extension period. If Tenant exercises an extension option as set forth herein,
the amount of Base Rent due shall be adjusted in accordance with the schedule set forth in Section 5 below. Section 2.03 of the Lease is deleted in its entirety.