EXHIBIT
10.33(e)
Fourth Amendment to Lease
This
Fourth Amendment to Lease (this “Amendment”) dated April 15, 2005 is
executed by and between Syufy Properties, Inc., a California corporation (“Landlord”), and
Century Theatres, Inc.,
a California corporation (“Tenant”).
Witnesseth:
Whereas, Landlord and Century Theatres of Utah, Inc. entered into a lease dated
September 30,1995, as amended by that certain First Amendment to Lease, dated January 4, 1998,
between Syut Properties, Inc. and Century Theatres, Inc., a Delaware corporation (“Century Theatres
(DE)”), and as further amended by that certain Second Amendment to Lease, dated September 1, 2000,
between Syut Properties, Inc. and Century Theatres (DE), as further amended by that certain Third
Amendment to Lease dated April 15, 2005 between Syut Properties, Inc. and Century Theatres, Inc., a
California corporation (as amended, the “Lease”), for a motion picture building parking area (the
“Premises”) located at 3225 South 2nd East Street, Salt Lake City, Utah; capitalized terms used but
not defined herein shall have the meanings set forth in the
Lease; and
Whereas, Century Theatres (DE) succeeded Century Theatres of Utah, Inc., as Tenant;
and
Whereas, Century Theatres (DE) assumed all obligations of Century Theatres of Utah,
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, Syufy Properties, Inc., a California corporation has succeeded to and
assumed all obligations of Syut Properties, Inc., as set forth in the Lease; and
Whereas, the parties desire now to amend the Lease to revise and clarify
certain obligations between the parties, as hereinafter provided;
Now, Therefore, the parties hereto mutually agree that the Lease shall be amended as
follows:
A. 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.
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Century 16 – Salt Lake City, UT |
B. 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.
In Witness Whereof, Landlord and Tenant have executed this Amendment to be
effective as of the date first written above.
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Syufy Properties, Inc.,
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Century Theatres, Inc., |
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a California corporation
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a California corporation |
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“Landlord”
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“Tenant” |
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/s/ Raymond Syufy
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/s/ Joseph Syufy |
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Joseph Syufy,
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Chief Executive Officer
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Chief Executive Officer |
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Century 16 – Salt Lake City, UT |