HomeMy WebLinkAboutL_Via405_TitleReport27a-8808110658_20170421_v102/16/88
SHORT FORM OR MEMORANDUM OF LEASE
(#-1652j)
(RENTCN VILLAGE)
THIS
INDENTURE OF
LEASE made
the
.%i
�day 0*-21:�e---ol
1988, is
a short form
or memorandum
of
a certain lease dated as of
the date hereof by and between REWON VILLAGE ASSOCIATES, a
Village
Washington partners;zip (hereinafter referred to as "Landlord"), of
County,
Washington,
which
the one part; and GENERAL CINEMA CoRp. OF W,SHINGTON, a corporatigo,
on the Plan marked "Exhibit .A"
hereto
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organized under the laws of the State of Washington (hereinaf T =-
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referred to as "Tenant"), of the other part. C-) P. --
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W I T N E S S E T H
In consideration of the sum of One Dollar ($1.00) in hand paid
by Tenant to Landlord, the receipt and sufficiency of which is
hereby acknowledged and other good and valuable consideration as
more fully described and set forth in said lease, Landlord hereby
leases to Tenant and Tenant hereby leases from Landlord, upon and
subject to the terms and provisions of this lease, certain real
property together with a theatre building to be ccnstructed by
Tenant and having a ground floor area of approximately 37,383 square
feet with approximately 2,260 seats on one floor, located in the
Renton
Village
Shopping Center, Renton, King
County,
Washington,
which
is shown
on the Plan marked "Exhibit .A"
hereto
annexed and
made a part hereof, together with all rights and benefits
appurtenant to the property of which the demised premises are a
part. Said theatre building and real property (hereinafter referred
to as the "demised premises") are shown on Exhibit A as an area
designated "General Cinema". The premises hereby demised constitute
a part of said Renton Village Shopping Center which is more
particularly bounded and described in Exhibit A-1 attached hereto.
Said lease contains ''`�
provisions and rights appurtenant to said .�
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premises some of which are as follows: ,eco
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ARTICLEI II.
Term of Lease
Section 1. TO HAVE AND TO HOLD the Demised Premises unto Tenant
Demised Premises; and the term hereof shall end on the last day of
the 240th calendar month (exclusive of such partial month, if any)
after such ccxmmencement. In the event that Tenant opens for
business with a special preview on an invitation basis, the term
hereof shall commence on the next following day. In order to avoid
any controversy as to the date of the canmencement of the term
hereof, the parties hereto agree, upon demand of the other, to
execute a written declaration in recordable form expressing the
commencement and termination dates of the term hereof when the
commencement date has been determined.
Section 4. Tenant shall have the right to extend the term of
this lease for four (4) terms of five (5) years each by giving
notice to Landlord of the exercise of each such option not later
than one (1) year before the immediately preceding term.
ARTI CLE V
Common Areas
Section 1. Landlord covenants and agrees to construct ane
maintain parking areas, approaches, exits, entrances and roadways
for the Shopping Center as well as sidewalks and approaches
adjoining the Theatre Building on the Shopping Center.
(a) No buildings or structures shall be constructed in the
Shopping Center except those shown on Exhibit A, and except
for such buildings or structures all portions of the
Shopping Center will be used only for parking areas,
roadways, malls, planters, walks, exits and entrances.
for an initial term
of two hundred forty (240) calendar months (plus
the partial month, if any) immediately following the
commencement of
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the term hereof.
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Section 2. The
term hereof shall commence on
the earlier to
occur of (a) the expiration of sixty (60) days from
the day on which
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Tenant is required
to complete construction in
accordance with
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Article IV; or (b)
the opening by Tenant of its
business in the
Demised Premises; and the term hereof shall end on the last day of
the 240th calendar month (exclusive of such partial month, if any)
after such ccxmmencement. In the event that Tenant opens for
business with a special preview on an invitation basis, the term
hereof shall commence on the next following day. In order to avoid
any controversy as to the date of the canmencement of the term
hereof, the parties hereto agree, upon demand of the other, to
execute a written declaration in recordable form expressing the
commencement and termination dates of the term hereof when the
commencement date has been determined.
Section 4. Tenant shall have the right to extend the term of
this lease for four (4) terms of five (5) years each by giving
notice to Landlord of the exercise of each such option not later
than one (1) year before the immediately preceding term.
ARTI CLE V
Common Areas
Section 1. Landlord covenants and agrees to construct ane
maintain parking areas, approaches, exits, entrances and roadways
for the Shopping Center as well as sidewalks and approaches
adjoining the Theatre Building on the Shopping Center.
(a) No buildings or structures shall be constructed in the
Shopping Center except those shown on Exhibit A, and except
for such buildings or structures all portions of the
Shopping Center will be used only for parking areas,
roadways, malls, planters, walks, exits and entrances.
(b) No buildings, structures, signs, landscaping or elevated
parking areas shall be constructed or maintained in the
Shopping Center which will ir, any way obstruct the view of
the theatre building or Tenant's signs from the highway.
(c) All sidewalks, stairs, stairwells, parking facilities,
internal roadways and exits and entrances which serve the
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Shopping Center shall berovided with lighting p g g by Landlord
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and with respect to parking facilities Landlord shall do
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necessary striping, restri ing, policing, snow removal and
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shall, maintain the same in good repair and in safe, sound
and clean condition.
(d) No charge shall be made for parking of cars anywhere in the
Shopping Center.
(e) The parking areas in the Shopping Center designated on
Exhibit A as Late Lighting Area shall be kept fully lighted
by Landlord from dusk until a reasonable interval after the
end of the last evening performance in Tenant's theatre and
during such time Landlord shall keep the remaining parking
areas in the Shopping Center lighted to the extent
necessary to enable theatre patrons to return safely to
their parked motor vehicle•.
(f) The ratio of the aggregate parking space area to the
aggregate building floor space area in the Shopping Center
(excluding therefrom mall areas, storage rooms and storage
basements) shall be not less than five (5) car spaces
sufficient to accomodate a motor vehicle of present
American standard size for each one thousand (1,000) square
feet of building floor space.
(g) All parking facilities, curb cuts, entrances and exits on
the Shopping Center, shall 'be completed and ready for use
prior to the time when the theatre on the Shopping Center
is ready to open for business. The common areas of the
Shopping Center shall include the curbcuts and the exits:
and entrances shown on Exhibit A. The internal roadways of
the Shopping Center shall be substantially as shown on
Exhibit A.
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(h) As part of Landlord's initial construction work, Landlord
shall provide landscaping in accordance with the approved
plans satisfactory to Tenant in the area at the front of
the Demised Premises and Tenant shall maintain the same.
ARTICLE XVII.
Tenant's Signs
00 Section 1. Landlord hereby consents that Tenant shall have the
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Oright to maintain the following signs:
CO (a) Illuminated signs on the exterior walls of the Demised
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aPremises and on the theatre canopy or marquee as shown on
Exhibits C-1 and C-2;
(b) Signs on the interior or exterior of any windows of the
Demised Premises;
(c) Easel or placard signs at the lobby entrance or on
sidewalks immediately in front of the Demised Premises
provided the same do not unreasonably interfere with
pedestrian traffic;
(d) Illuminated double-faced roadside sign(s) and attraction
board(s) shown as part of a combination sign as on Exhibit
C-3 of this lease and located as shown on Exhibit A
attached hereto.
Section 3. There shall be appurtenant to the Demised Premises
easements for the purpose of enabling Tenant to have access to said
roadside sign(s), to maintain and service the same and to ensure the
continued availability of power. If Tenant shall be deprived of any
such sign as the result of a public taking, Landlord shall make
available a site (and power thereto) for a substitute sign in the
Shopping Center strategically located so as to be visible to
automobile traffic on highways adjoining the Shopping Center or at
entrances to the Shopping Center and similar easements with respect
to the new site shall be created in favor of the Shopping Center.
The provisions of Section 2 hereof shall apply to any such
substitute sign.
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ARTICLE }{VIII.
Miscellaneous Provisions
Section 2. Tenant's Exclusive Use. Landlord covenants and
agrees that during the term of this lease, and any extension
thereof:
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(a) Landlord will not rent, use or permit to be used any other
space in the Shopping Center, or on any other land
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adjoining any part of the Shopping Center which is owned or
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controlled by Landlord, for use as a theatre, for the
costaging
of shows for profit, or for the showing of motion
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pictures in any form, provided that the foregoing shall not
prevent Landlord from permitting style shows, private or
public meetings or exhibits in other buildings so long as
feature length motion pictures are not shown as a part of
such shows, meetings, or exhibits.
(b)* Landlord will not sell or permit to be sold alcoholic
beverages, or candy, popcorn or other refreshments
generally sold by t-�eatres in or from any premises within
75 feet of any wall of the theatre building on the Shopping
Center or in or from any part of the parking areas or other
common areas of the Shopping Center;
(c) No sales of merchandise of any kind and no carnivals or
shopping center promotions shall be permittee in the Late
Lighting Area as shown on Exhibit A.
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IN WITNESS WjEREOF, the said Landlord and the said Tenant have
duly executed this lease to take effect as a sealed instrument.
This instrument may be executed in any number of counterpart copies,
each of which counterpart copies shall be deemed an original for all
Lnpurposes
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co As to Landlord
AsTenant
REWON VILLAGE ASSOCIATES
By:
General Partn r, hereu u1y
authorized
GENERAL CINEMA CCRP. OF MSHINGTON
Paul R. Del Rossi
President
STATE OF }
COUNTY OF }
On this �4. day of�- r..6 , 1989 before me personally
appeared k a dener 1 partner of RENI'ON VILLAGE AS.9OCIA'CF`S,
and he acknowledged said i><i ument to be his free act and deed.
My commission expires: Notary Public
COMMONWEALTH OF MASSACHUSETTS}
COUNTY OF MIDDLESEX }
On this J�� day of 1 r, , 1489, before me personally appeared Paul
R. Del Rossi, who being t� me duly sworn, did say that he is President of
GENERAL CINEMA CORP. OF WASHINGTON, that he knows the seal of said
corporation and that the seal affixed to said instrument is the corporate
seal of said corporation, and that said instrument was signed and sealed in
behalf of said corporation by authority of its Hoard of Directors, and he
acknowledged said instrument to be the free act and deed of said corporation.
My commission expires: Notary Public
KAREN M. KAZANIIAN
NOTARY PUBLIC
COMMDNwEAETm OF IWASSACHUSFITS
My COMMISSION EXPIRE.'
NOVEMBER 19 1991.
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Order No. 52949
A . L . T . A COMMITMENT
SCHEDULE A
Page 2
The land referred to in this commitment is situated in the county of
King, state of Washington, and described as follows:
That portion of Blocks 11, 12, 13, 14 and 15, C.D. Hillmans
Earlington Garden Addition Division No. 1, according to the plat
thereof recorded in Volume 17 of Plats, page 74, in King County,
Washington;
TOGETHER WITH vacated 94th Avenue South, vacated 96th Avenue South,
vacated 9th Avenue South, vacated 9th Place South, vacated 10th
Avenue South and the vacated alleys between 9th Avenue South and 9th
Place South and also between 9th Place South and 10th Avenue South,
all vacated under Ordinance 2051 of the City of Renton and that
portion of the northeast quarter of Section 19, Township 23 North,
Range 5 East, W.M., in King County, Washington, more particularly
described as follows:
Commencing at the northeast corner of the southwest quarter of said
northeast quarter;
thence south 01004108" west along the east line of said southwest
quarter, a distance of 250.02 feet;
thence north 89044'02" west, a distance of 18.28 feet to the true
point of beginning;
thence south 61042'59" west, a distance of 258.92 feet;
thence south 00002'16" east, a distance of 248.95 feet to the
northerly margin of Primary State Highway No. 1, Jct. SSH No. 2-M to
Jct. PSH No. 2 in Renton (also known as State Road No. 405) as
approved October 31, 1961 -the latest revision being November 7, 1986;
thence westerly, northwesterly and northerly along said margin the
following courses: north 89049'09" west, a distance of 44.74 feet;
thence south 83023'09" west, a distance of 82.06 feet;
thence north 89054'45" west, a distance of 241.66 feet to a point on
a curve having a radius of 390.8 feet and having a radial bearing of
north 17005'13" east;
thence northwesterly along said curve through a central angle of
32°52'06", an arc distance of 224.19 feet;
thence north 40002'41" west, a distance of 150.00 Feed:;
thence along a tangent curve to the left with a radius of 288.8 feet
through a central angle of 39058'00", an arc distance of 201.45 feet;
thence north 80000'41" west, a distance of 100.00 feet;
thence along a tangent curve to the right with a radius of 109.2
feet through a central angle of 81034'00", an arc. distance of 155.46
feet;
(legal description, continued)
Order No. 52949
A.L.T.A. COMMITMENT
SCHEDULE A
Page 3
LEGAL DESCRIPTION, continued:
thence north 88026'31" west, a distance of 6.00 feet;
00 thence north 01033'19" east, a distance of 313.96 feet;
thence north 41034'50" east, a distance of 90.78 feet to the
0 southerly margin of Grady Way (also known as Secondary State Highway
No. 1-L,), being 100 feet in width as presently established;
thence leaving Primary State Highway No. 1, Jct. No. 2-M to Jct. PSH
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No. 2inRenton and along the south margin of said Grady Way North
0 77028'26"east, a distance of 912.78 feet;
co thence along a tangent curve to the left with a radius of 3,869.71
feet through a central angle of 11°14'08", an rrc distance of 758.84
feet to a point on the west line of land described in Exhibit "A" of
Quit Claim Deed under King County Recording Number 8206270355;
thence leaving said south margin of said Grady Way South 01°04'08"
west along said west line, a distance of 840.76 feet to the north
marcrin of said Renton Village Place as conveyed to the City of
Renton under King County Recording Number 5475310;
thence north 89044'02" west, a distance of 372.42 feet along the
north margin of said Renton Village Place to the east margin of
vacated said 96th Avenue South;
thence south 01°04'08° west along said east margin, a distance of
60.01 feet to the southwest corner of said Renton Village Place;
thence north 89°44'02" west, a distance of 48.28 feet to the true
point of beginning.
END OF SCHEDULE A