exv10w30xby



 




EXHIBIT
10.30(b)











FIRST AMENDMENT TO LEASE



     This First Amendment to Lease dated September 1, 2000 is executed by and between Syufy
Enterprises, L.P. (“Landlord”) and Century Theatres, Inc. (“Tenant”).



WITNESSETH:




     WHEREAS, Landlord and Century Theatres of Nevada, Inc. entered into a lease dated September
30, 1995 (the “Lease”) for a motion picture theater building and related parking (the “Premises”),
known as the Rancho Santa Fe Theater, located in Las Vegas, Nevada; and



     WHEREAS, Century Theatres, Inc., a Delaware corporation, has succeeded Century Theatres
of Nevada, Inc., as Tenant; and



     WHEREAS, Century Theatres, Inc. has assumed all obligations of Century Theatres of
Nevada, 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. Consumer Price Index



     The reference in the first grammatical paragraph of Section 4.01(B) of the Lease to “Las
Vegas” is hereby deleted and in its place is inserted the “Los Angeles-Orange County 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



Rancho Santa Fe Las Vegas




 









 






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” 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-/VTL.”



     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:



Rancho Santa Fe Las Vegas




 









 






     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.



     This First Amendment to Lease is hereby executed and shall be effective as of the date first
written above. All other conditions of the Lease, or the executed amendments thereto, if any, shall
remain in effect.



	 	 	 
	SYUFY ENTERPRISES, L.P.

“Landlord”

	 	CENTURY THEATRES, INC.

“Tenant”
	/s/ Raymond W. Syufy

	 	/s/ Joseph Syufy
	 

	 	 
	Raymond W. Syufy

	 	Joseph Syufy
	Chief Executive Officer

	 	President






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Rancho Santa Fe Las Vegas