EXHIBIT 10.20(d)
NOTE: THIS DOCUMENT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST PURSUANT TO
RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. PORTIONS OF THIS DOCUMENT FOR WHICH
CONFIDENTIAL TREATMENT HAS BEEN REQUESTED HAVE BEEN REDACTED AND ARE MARKED HEREIN BY “***”. SUCH
REDACTED INFORMATION HAS BEEN FILED SEPARATELY WITH THE COMMISSION PURSUANT TO THE CONFIDENTIAL
TREATMENT REQUEST.
Third Amendment to Lease
This
Third Amendment to Lease (this “Amendment”)
dated September 29, 2005
is executed by and between
Syufy Enterprises, L.P., a California limited
partnership (“Landlord”) and
Century Theatres, Inc., a California corporation (“Tenant”).
Witnesseth:
Whereas, Landlord and Century Theatres of California, Inc., a California
corporation, entered into a lease dated September 30, 1995, as amended by that certain First
Amendment to Lease, dated September 1, 2000 between Landlord and Century Theatres, Inc., a
Delaware corporation, and as further amended by that certain Second Amendment to Lease, dated
April 15, 2005, between Landlord and Century Theatres, Inc., a California corporation (as
amended, the “Lease”), for a motion picture building and related parking (the “Premises”)
located at Cinedome Newark, 6000 New Park Mall, Newark, California; capitalized terms used
but not defined herein shall have the meanings set forth in the Lease; and
whereas, Century Theatres, Inc., a Delaware corporation (“Century
Theatres (DE)”), succeeded Century Theatres of California, Inc., as Tenant; and
Whereas, Century Theatres (DE) assumed all obligations of Century Theatres of
California, Inc., as set forth in the Lease; and
Whereas, Century Theatres, Inc., a California corporation, has succeeded
Century Theatres (DE) as Tenant; and
Whereas, Century Theatres, Inc., a California corporation, has assumed all
obligations of Century Theatres (DE), as set forth in the Lease; and
whereas, the parties desire now to amend the Lease as hereinafter provided;
Now, Therefore, the parties hereto mutually agree that,
notwithstanding anything to the contrary therein, the Lease shall be amended as
follows:
A. Term and Termination
The termination provision, as set forth in that certain Second Amendment to Lease, dated
April 15, 2005 is hereby deleted and the Initial Term, as set forth in the lease dated
September 30, 1995 shall remain unchanged.
B. Annual Rent
Annual Base Rent for the remainder of the Initial Term of the Lease shall be fixed at
*** per year, payable monthly as set forth in the Lease.
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Cinedome Newark — Newark, California |
C. Surrender; No Demolition Obligation
Notwithstanding anything to the contrary in the Lease, upon the expiration or earlier
termination of the Lease, Tenant shall have no obligation to demolish or pay Landlord to
demolish the improvements located on the Premises or to remove any surface debris therefrom.
D. Miscellaneous
1. This Amendment constitutes the entire understanding of the parties with respect to
the subject matter hereof and all prior agreements, representations, and understandings
between the parties, whether oral or written, are deemed null, all of the foregoing having
been merged into this Amendment.
2. This Amendment to Lease is hereby executed and shall be effective as of the date
first written above. All other conditions of the Lease shall remain in full force and effect.
3. This Amendment shall bind and inure to the benefit of Landlord and Tenant and
their respective legal representatives and successors and assigns.
4. Each party hereby specifically represents and warrants that its execution of this
Amendment has been duly authorized by all necessary corporate or other action, and that this
Amendment when fully signed and delivered shall constitute a binding agreement of such party,
enforceable in accordance with its terms.
5. The parties acknowledge that each party and/or its counsel have reviewed and revised
this Amendment and that no rule of construction to the effect that any ambiguities are to be
resolved against the drafting party shall be employed in the interpretation of this Amendment
or any amendments or exhibits to this Amendment or any document executed and delivered by
either party in connection with this Amendment.
6. This Amendment may be executed in counterparts each of which shall be deemed an
original and all of which taken together shall constitute one and the same agreement.
[Signatures on following page]
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Cinedome Newark — Newark, California |