EXHIBIT 10.33(c)
SECOND AMENDMENT TO LEASE
This Second Amendment to Lease dated September 1, 2000 is executed by and between Syut
Properties, Inc. (“Landlord”) and Century Theatres, Inc. (“Tenant”).
WITNESSETH:
WHEREAS, Landlord and Century Theatres of Utah, Inc. entered into a lease dated September 30,
1995 (the “Lease”) for a motion picture theater building and related parking (the “Premises”)
located in South Salt Lake City, Utah; and
WHEREAS, Landlord and Tenant entered into that certain First Amendment to Lease dated January
4, 1998; and
WHEREAS, the parties desire now to further 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 further amended as
follows:
A. Consumer Price Index
The reference in the first grammatical paragraph of Section 4.01(B) of the Lease to “Salt Lake
City” is hereby deleted and in its place is inserted “All West Average,” and the following sentence
shall be added to this first grammatical paragraph of Section 4.01(B):
Notwithstanding the
foregoing, in no event shall the Minimum Monthly Rent be increased
by an amount that is more than fifteen percent (15%) of the
Minimum Monthly Rent payable before the adjustment date in question.
B. Gross Sales
The second paragraph of Section 4.02 is hereby deleted and in its place is inserted the
following paragraph:
Gross Sales shall mean all box office receipts, including receipts from tickets or
gift certificates redeemed at the premises regardless of their point of sale, as well as
receipts from sale of goods, merchandise, beverages, food, vending machines and video
games. Gross Sales shall exclude credits and refunds made with respect to admissions or
other sales; all federal, state, county and city admission taxes, sales and use taxes, and
other similar taxes now or hereafter imposed whether such taxes are collected from
customers separately from the selling price of admission tickets or absorbed therein, and
actually paid over to the taxing authority by Tenant; returned, exchanged, waived or “Pass
Admissions”
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including EBF charges on “Pass Admissions;” and receipts from tickets or gift
certificates sold but not redeemed at the Premises. Commissions or surcharges paid to
agencies or other third parties for selling tickets or processing credit card transactions,
and any sums paid to third parties for the use or rental of vending machines, pay
telephones or other amusement machines shall be deducted from Gross Sales.
C. Insurance
The reference in Section 6.03(D) to a Bests rating of “A-” is hereby deleted and in its place
inserted a Bests rating of “A-/VII”
D. Alterations
The last sentence of Section 7.01 (A) is hereby deleted and its place inserted the following:
If the change, alteration or addition is structural or exterior in nature, Tenant
shall provide Landlord with a copy of Tenant’s plans and specifications for the work and
obtain Landlord’s written approval therefore, which approval shall not be unreasonably
delayed or withheld.
E. Indemnity and Hold Harmless
The indemnity rights set forth in Sections 9,02 and 10.01 are hereby expanded to include an
obligation by Tenant to defend, indemnify and hold harmless both Landlord and Landlord’s corporate
affiliates, as well as their respective officers, directors, agents, and employees, in each
instance where the right of indemnity would be accorded to Landlord.
F. Assignment
The
reference in Section 11.01(C) to “$20,000,000.00” is hereby deleted and replaced
with “$30,000,000.00, as adjusted each year by the CPI index
identified in Section 4.01(B)”
G. Surrender
After the first sentence of Section 15.02(E), the following sentence is hereby
inserted:
Alternatively, Landlord may elect in its sole and absolute discretion to require
Tenant to demolish the Tenant-occupied improvements located on the Premises and
remove all surface debris thereon.
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