MISSION MARKETPLACE
FIRST AMENDMENT TO LEASE
This FIRST Amendment to Lease ("FIRST Amendment") is made, for reference
purposes only, this 5TH DAY OF MAY, 1997, between PACIFIC OCEANSIDE HOLDINGS,
L.P., a CALIFORNIA LIMITED PARTNERSHIP ("Landlord") and CINEMASTAR LUXURY
THEATRE COMPANY, INC., a CALIFORNIA CORPORATION ("Tenant") with reference to
the following facts:
RECITALS
A. Landlord and Tenant entered into that certain Lease dated JANUARY
31, 1997.
B. The parties desire to amend the Lease as set forth in this FIRST
Amendment.
C. All capitalized terms used in this FIRST Amendment unless
specifically defined herein shall have the same meaning as the capitalized
terms used in the Lease.
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which
are expressly acknowledged, Landlord and Tenant agree as follows:
AGREEMENT
1. EFFECTIVE DATE. This First Amendment shall be deemed effective as of
MAY 1, 1997 (the "Effective Date").
2. LEASE TERM. One (1) year (beginning on the Effective Date) with a
One (1) option to renew for One (1) year.
3. LEASE OF ADDITIONAL SPACE. On the Effective Date the Premises shall
be deemed to include that certain additional space in the Shopping
Center consisting of approximately 2,409 square feet of rentable floor
area, designated as 000 Xxxxxxx Xxxx., Xxxxx X, Xxxxxxxxx, XX 00000.
4. TENANT'S PRO RATA SHARE OF LEASE EXPENSES. On the Effective Date,
Tenant's Pro Rata Share of Lease Expenses shall be adjusted in
accordance with Section 8.2 of the Lease.
5. BASIC MONTHLY RENT. On the Effective Date, Tenant's Basic Monthly
Rent for the Additional Space shall be as follows:
DATE BASIC MONTHLY BASIC MONTHLY RENT (U.S.F.) NNN
---- ------------- -------------------------------
5-1-97 - 4-30-98 $2,649.90 $1.1000
(*)5-1-98 - 4-30-99 $2,770.35 $1.1500
(*)Renewal Option
6. TENANT CERTIFICATION. By execution of this FIRST Amendment, Tenant
hereby certifies that as of the date hereof, and to the best of
Tenant's knowledge, that Landlord is not in default of the performance
of its obligations pursuant to the Leases, and Tenant has no claim,
defense, or offset with respect to the Lease.
7. CONFIRMATION. Except, as and to the extent modified by this FIRST
Amendment to Lease all provisions of the Lease shall remain in full
force and effect. In the event of a conflict between the terms of the
Lease and the terms of this Amendment, the terms in this Amendment
shall control.
IN WITNESS WHEREOF, Landlord and Tenant agree to the foregoing as evidenced
by affixing their signatures below.
LANDLORD: Pacific Oceanside Holdings, L.P.,
a California limited partnership
By: American Assets, Inc. as Agent
By: /s/ Xxxxx Xxxxxxxxxx
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Xxxxx Xxxxxxxxxx
Its: Vice President, Commercial Real Estate
Date: 5/28/97
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TENANT: CinemaStar Luxury Theatre Company, Inc.,
a California corporation
By: /s/ Xxxx X. Xxxxxxxxx
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Xxxx X. Xxxxxxxxx
Its: Senior Vice President, and Chief Operating Officer
Date:
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CONSENT OF GUARANTOR(S)
The undersigned guarantor(s) hereby consent(s) to the foregoing and confirm(s)
and reaffirms that he/she/they remain(s) liable for the full performance of
all terms, convenants and conditions of the Lease as amended hereby.
GUARANTOR Xxxx Xxxxxxx, Jr., Xxxx X. Xxxxxxxxx, Xxxxx Xxxxxxx,
Xxxxxxx Scheuh
By: /s/ Xxxx Xxxxxxx, Jr.
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Xxxx Xxxxxxx, Jr.
By: /s/ Xxxx X. Xxxxxxxxx
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Xxxx X. Xxxxxxxxx
By: /s/ Xxxxx Xxxxxxx
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Xxxxx Xxxxxxx
By: /s/ Xxxxxxx Xxxxxxx
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Xxxxxxx Xxxxxxx
Date:
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