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HomeMy WebLinkAboutL_Via405_TitleReport27b-9106030389_20170421_v1CT? X, C1 0 C"? CD Q: U R"tr.t A --.i i t115 VAI 05/17/90 11 Jim AMENDED SHORT FORM X44 MEMORANDUt OF LEASE v (#-0248u) (RESTON VILLAGE) THIS INDENTURE OF LEASE made the �u`day of 1990, is a r short form or memorandum of a certain lease dated as of the date hereof by and between RENTON VILLAGE ASSOCIATES, a Washington partnership ("RVA"), RENTON VILLAGE ASSOCIATES II, a Washington general partnership (hereinafter referred to as "Landlord"), of the one part; and GENERAL CINEMA CORP. OF WASHINGTON, a corporation organized under the laws of the State of Washington (hereinafter referred to as "Tenant"), of the other part. 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 ether 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 a.. real property together with a theatre building 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, III ---, 1 Washington, together with all rights appurtenant to such property, including 014) but not limited to all rights arising pursuant to the Reciprocal Parking Agreement recorded August 21, 1987 under King County Recording No. 8708210528, and the Declaration and Assignment of Parking Easements dated May 17, 1990, and recorded May 17, 1990, under King County Recording No. 9005171096. The Theatre and its footprint ("Demised Premises") are located on that parcel of real property legally described on Exhibit A-2 ("Theatre Parcel"). The Theatre Parcel is located in the Renton Village Shopping Center, Renton, King County, Washington, ("Shopping Center") which is legally described on Exhibit A--1 attached and made a part hereof and identified by King County Washington tax parcel numbers 334040-1625-32 (Lot 8) and 192305-9043-07 (Lot C). The Shopping Center legally described on Exhibit A -I is shown an the plan, attached as Ei}iand made a part hereof, as all of 91!06/03 REED F RECFEE LASH—ZL i #0369 1B 12. 00 2. 00 *Pf:*14. 00 1 C+7 the land end buildings and improvements thereon, except for the parcels of and containing the office buildings shorn as One Renton Place, Two Renton Place, Three Renton Place, the Chevron service station and the Sheraton Inn. Said lease contains provisions and rights appurtenant to said premises some of which are as follovss ARTICLE II. Term of Lease Section 1. TO HAVE AND TO HOLD the Demised Premises unto Tenant for an initial term of two hundred forty (240) calendar months (plus the partial month, if any) immediately following the commencement of the term hereof. Section 2. Tha term hereof commenced on November 9, 1989; and the term hereof shall end on November 30, 2009. 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 exorcise of each such option not later than one (1) year before the immediately preceding term. 0 ARTICLE V 0 Common Areas d Section 1. Landlord covenants and agrees to construct and 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 cs Center except those shown on Exhibit A, and except for such buildings .� i= or structures all portions of the Shopping Center will be used only i* for parking areas, roadways, malls, planters, walks, exits and entrances. GY (b) Ho buildings, structures, aigns, landscaping or elevated parking !: areas shall be constructed or maintained in the Shopping Center which will in any way obstruct the view of the r R .. theatre building or Tenant's signs from the highway. _' (c) All sidewalks, stairs, stairwells, parking facilities, internal roadways and exits and entrances which servo the Shopping Center shall be provided with lighting by Landlord and with respect to n 1 - 2 - n 1 L 1 { parking facilities Landlord shall do necessary striping, restriping, policing, snow removal and 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 f 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 vehicles. (f) The ratio of the aggregate parking space area to the aggregate building floor space area in the Shopping Center (excluding therefrom Internal roadways of the Shopping Center shall be substantially as shown on Exhibit A. y x (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 ;A shall maintain the same. ARTICLE XVII. Tenant's Signs i Section 1. Landlord hereby consents that Tenant shall have the right to maintain the following signs: (a) Illuminated signs on the exterior walls of the Demised Premises and on the theatre canopy or marquee as shown on Exhibits C-1 and C-2; - 3 - _4 MR — Q - 0 ( 11 11� mail 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 C'7 feet of building floor space. 0 (g) All parking facilities, curb cuts, entrances and exits on the 0 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. y x (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 ;A shall maintain the same. ARTICLE XVII. Tenant's Signs i Section 1. Landlord hereby consents that Tenant shall have the right to maintain the following signs: (a) Illuminated signs on the exterior walls of the Demised Premises and on the theatre canopy or marquee as shown on Exhibits C-1 and C-2; - 3 - _4 MR — Q - 0 ( 11 11� ❑r (b) Signs on the interior or exterior of any windows of the Demised :k :f Premises; (e) 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 comb :nation 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 Domised 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 i substitute sign in the Shopping Center strategically located so as to be j visible to automobile traffic on highways adjoining the Shopping Center or at entrances to the Shopping Center and similar easements frith respect to the new 0 site shall be created in favor of the Shopping Center. The provisions of C� Section 2 hereof shall apply to any such substitute sign. ARTICLE XVIII. Miscellaneous Provisions Section 2. Tenant's Exclusive Use. Landlord covenants and agrees that during the term of this lease, and any extension thereoft (a) Landlord will not rent, use or permit to be used any other space in the Shopping Center, or on any otber land adjoining any part of the Shopping Center which is owned or controlled by Landlord, for use as a theatre, for the staging of shows for profit, or for the showing of motion 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 shown, meetings, or exhibits. (b) Landlord will not sell or permit to be sold alcoholic beverages, or G Ji candy, popcorn or other refreshments generally sold by theatres 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 3 other common areas of the shopping Center; 4 - C (c) No aales of merchandise of any kind and no carnivals or shopping center promotions Shall be permitted in the Late Lighting Area as shown on Exhibit A. Landlord and RVA have agreed, Pursuant to the Agreement Regarding Management of Common Areas dated 1990, between Landlord and RVA. that RVA shall Perform all affirmative covenants and obligations, and shall be bound by all negative covenants, of Landlord pursuant to the Lease with respect to all Portions of the Shopping Center other than the Demised Premises. Tenant is a third -party beneficiary of the provisions of the Agreement Regarding Management Of Common Areas. RENTON VILLAGE ASSOCIATES II As to Landlord By: Michael an rfffy Managing eral Partner RENTON VILLAGE ASSOCIATES As to RVA By: General Par a nerAhtP@b duly authorized GENERAL CINEMA CORP, OF WASHINGTON As to Tenant By Paul R. Del Rossi President ire r.= G. 5 - — A This Amended Short Form or Memorandum of Lease supersedes in its entirety the Short Form or Memorandum 1988, and filed of for Lease dated June 15, record on August 11, 1988, under King County Recording No. 8808110658. Q IN WITNESS WHEREOF, the said Landlord and the said Tenant have this Ieaae to take effect duly y executed 0 as a sealed instrument. This instrument executed in any number of counterpart copies, each of may be Shall be deemed which counterpart copies an original for all purposes. RENTON VILLAGE ASSOCIATES II As to Landlord By: Michael an rfffy Managing eral Partner RENTON VILLAGE ASSOCIATES As to RVA By: General Par a nerAhtP@b duly authorized GENERAL CINEMA CORP, OF WASHINGTON As to Tenant By Paul R. Del Rossi President ire r.= G. 5 - — A J STaxE OF W _) COUNTY OF ) On thi da of ��, 1990, before �ilro ersonally appears I�a goner 1 partner of RENTON ,�G�*CYATES, and he acknowledged sai i strument to be his fres act andeed�..•••BjD�l,4;.. Notary Public r �. My commission expires: f� q 0. - STATE: -STATE OF IIVU/Gf I.V' ) •��4�SK �N�C��� ��, COUNTY OF On this a da of 1990, before me personally appears C _ , a general partner of RENTON VILlbge ;W&3G;ATES, II and he acknowledged said instrument to be his free act and,&ed!- N Notary Public : y„ pay m' r My commission expirest r�jQc� :� 14� :0' moi+ �•,t•f99�,. � �ti� COMMONWEALTH OF MASSACHUSETTS)S Ny��,•`% COUNTY OF MIDDLESEX ) On this 7_,1 day o 1990, before me personally appeared Paul 0 R. Del Rossi, who being b e 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 !.•j corporation, and that said instrument was signed and sealed in behalf of said 0; corporation by authority of its Board of Directors, and he acknowledged said instrument to be the free act and deed of sai o ration No ary Publi ' My commission expirest ADAM L. LEVITY Nt)*ARY Pubic dh Cwr 9=w E#n Ort a 1 - 6 - M EXHIBIT "A rta.n tract of land situated m Ki nq County, blas hi naton \, F h is more fully des6ribed a$ follows: { ' 'rnat 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 'piing County, Washington; TOGETHER WITH vacated 94th Avenue South, vacated 96th Avenue South, vacated 0th 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 vacates. 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 01004'08" west along the east line of said southwest quarter, a distance of 250.02 feet; thence north 89°44'02" west a distance of 18.26 feet to the true L point of -beginning; 'h 61°42'59" west, a distance of 258.92 feet; r;` thence sou... .. _ L thence south 00°02' 16" • east, - a distance tante of 248.94' `ee t to th6 7' northerly margin of Primary State Highway No. 1, Jct. SS•r_ 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 89°49'09" west, a distance of 44.72 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 17°05'13" east; (X) thence northwesterly along•said"curve through a central angle of C1j 32°52'06", an arc distance of 224.19 feet; d thence north 40002'41" west, a distance of 150.00 feet; M thence along a tangent curve to the left with a radius of 288.8 feet O through a central angle of 39158'00", an arc distance of 201.45 feet; thence north 80°00'41" west, a.distance of 100.00 feet; 0 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; thence north 88°26'31" west, a distance of 6.00 feet; thence north C1°33'19" east, a distance of 313.96 feet; thence north 41°34'50" east, a distance of 90.78 feet to the 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 -iii to Jct. PS No:!Z-in Renton and along.the south margin of said Grady.W ay North 77°2026" east, a distance of 912.78 feet; 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 arc distance ofi758.84 feet -to a.noint..on.the west line of land described in Exhibit""A" of Quit Claim Deed under icing County Recording Number 8208270355; thence leaving said south margin of said Grady Way South 01004'08" west along said west line, a distance of 840.76 feet to the north margin 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 01004'08" west along said east margin, a distance of 60.01 feet to the southwest corner of said Renton Village Place; thence north 89044'02" west, a distance of 48.28 feet to the true point -of -beginning. 5MC FOR61 GS - 762t} REV. ISM2 PAGE 6 OF 6 n r_- "i 1 E EXHIBIT A That portion of Lot B. City of Renton Lot Line Adjustment Number LLP -001-88, recorded under King County Recording Number 8911139006, described as follows: Commencing at the northeast corner of the southwest quarter of said northeast quarter, of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington; thence south 01004108" west along the east line of said southwest quarter, a distance of 250.02 feet; thence north 89044102" west, a distance of 18.28 feet: thence south 61.047.159" west, a distance of 258.92 feet to the TRUE POINT OF BEGINNING: thence south 00002116" east, a distance of 248.94 feet to the northerly margin of Primary State Highway Number 1, Jct. SSM 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:- 986;thence thencewesterly along said margin the following courses: north 89049109" west. a distance of 44.72 feet: thence south 83023109" west, a distance of 82.06 feet; thence north 89054145" west, a distance of 231.16 feet: thence !eaving said northerly margin, north 00001157" west, a distance of 196.55 feet: thence north 500521051 east, a distance of 25.35 feet; to a on thence north 00007'54" west. a distance of 124.89 feet point a curve having a radius of 40 feet and having a radial bearing of south 46003112" west; thence easterly along said curve through a central angle of CO) 0 4600614611, an arc distance of 32.19 feet; feet to a M thence north 89056'26" east, a distance of 309.07 point O which lies north 00002116" west from the TRUE POINT OF BEGINNING; CD thence south 0000211611 east, a distance of 67.61 feet to the TRUE © POINT OF BEGINNING; TOGETHER WITH the easement for ingress. egress and reciprocal parking as disclosed under King County Recording Number 8708210528; TOGETHER WITH a Declaration and Assignment of parking under King County Recording Number 9005171096. 7-=A C 4aoo L MLI