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EXHIBIT 10.28.4
FOURTH AMENDMENT TO LEASE AGREEMENT
FOURTH AMENDMENT TO LEASE AGREEMENT dated as of December 23, 1996 between
TriNet Essential Facilities VIIIR, Inc., a Maryland corporation (TriNet), and
Caterair International Corporation, a Delaware corporation (Caterair).
This Fourth Amendment to Lease Agreement amends and forms a part of the
eight separate Lease Agreements, each dated as of May 15, 1993, between TriNet,
as landlord, and Caterair, as tenant, as amended by First Amendment to Lease
Agreement dated as of September 22, 1995, as amended by Second Amendment to
Lease Agreement dated as of December 1, 1995 and as amended by Third Amendment
to Lease Agreement dated as of June 1, 1996 relating to property described on
Exhibit A hereto (collectively, the Lease).
Pursuant to the First Amendment to Lease Agreement, Caterair agreed to
perform certain specified remedial work and delivered a letter of credit drawn
on The Bank of New York in the amount of $1,000,000 to TriNet as security for
the performance of remedial work on the property subject to the Lease and
certain other property leased by Caterair from an affiliate of TriNet. Pursuant
to the Second Amendment to Lease Agreement, the date for completion of such
remedial work was extended to June 1, 1996. Pursuant to the Third Amendment to
Lease Agreement, the date for completion of such remedial work was extended to
November 15, 1996 and the amount of the letter of credit was reduced to
$500,000. Caterair has requested that the deadline for completion of the
remedial work be extended to April 30, 1997 and that the letter of credit be
reduced to $100,000..
NOW THEREFORE, in consideration of the premises and other good and
valuable consideration, TriNet and Caterair hereby agree as follows:
1. Section 4.1 of the First Amendment to Lease Agreement is hereby amended
and restated in its entirety as follows:
4.1 Tenant hereby agrees to perform the necessary remedial work to the premises
identified in the Leases set forth in Schedule 1 hereto with respect to the
matters described in Xxxx Xxxxxxxxx'x letter to Tenant, dated September 14,
1995, and to complete such work on or before April 30, 1997. Tenant has
delivered to Landlord a clean irrevocable letter of credit identified as The
Bank of New York's Letter of Credit Ref. No. S00034339 to secure performance of
such remedial work; such letter of credit was amended on July 29, 1996 to reduce
the available credit to $500,000 and to extend the expiration date to December
31, 1996. Tenant shall cause the letter of credit as so amended to be further
amended to reduce the available credit to $100,000 and to extend its expiration
date to June 30, 1997 (the "Amended Letter of Credit"). Upon completion of such
remedial work by Tenant, Landlord shall return the Amended Letter of Credit to
Tenant. If the remedial work is not substantially completed by April 30, 1997,
Landlord may draw on the Amended Letter of Credit from time to time to fund the
cost or estimated cost of such work plus
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a management fee equal to 10% of such cost. Landlord shall remit any unspent
balance to Tenant upon completion of such remedial work.
2. Attached hereto as Exhibit A is a copy of a December 24, 1996 amendment
to The Bank of New York letter of credit no. S00034339, which has the effect of
reducing the available credit to $100,000 and extending the expiration date to
June 30, 1997. TriNet consents to such amendment and agrees to notify The Bank
of New York of such consent.
3. This Fourth Amendment to Lease Agreement may be executed by each party
on a separate counterpart, and such counterparts shall together constitute a
single instrument.
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IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment
to Lease Agreement to be executed as of the date first above set forth.
TriNet Essential Facilities VIIIR, Inc.
By: /s/ Jo Xxx Xxxxxx
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Name: Jo Xxx Xxxxxx
Title: Senior Vice President Asset
Management
Caterair International Corporation
By: /s/ Xxxxx X. Xxxxxxx
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Name: Xxxxx X. Xxxxxxx
Title: Assistant Secretary
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Schedule 1 #366 Burlingame, CA
Parcel A as shown on that certain parcel map filed in the office of the County
Recorder of San Mateo County, State of California on November 2, 1970 in Book 11
of Parcel Maps at page 19.
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#397 Bloomington, MN
All that certain real property situated in the County of Hennepin, State
of Minnesota, and described as follows:
Xxx 0, Xxxxx 0, Xxxxxx'x Xxxxxxxxxxx Addition, according to the plat
thereof on file or of record in the office of the Registrar of Titles in
and for said Hennepin County, Xxxxxxxxx.
0
#000 Xxxxx, XX
Xxx 000, XXXXXXXXX XXXXXXX THIRD SECTION, according to the Plat thereof,
recorded in Plat Book 17, Page 15, of the Public Records of Dade County,
Florida, and Tracts 12 and 13 of GRAPELAND HEIGHTS THIRD SECTION REVISED,
according to the Plat thereof, recorded in Plat Book 31, Page 53 of the Public
Records of Dade County, Florida.
AND the North 1/2 of the following described parcel of land;
A portion of the right-of-way of Xxxxxxxxx 00xx Xxxxxx between Xxxxxxxxx 00xx
Xxxxxx xxx Xxxxxxxxx 00xx Xxxxxx in Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 41
East, Dade County, Florida, and being more particularly described as follows:
Begin at the centerline intersection of Xxxxxxxxx 00xx Xxxxxx with northwest
00xx Xxxxxx as shown on the Plat of revised Plat of Grapeland Heights Third
Section, as recorded in Plat Book 31, Page 53 of the Public Records of Dade
County, Florida, and run North along the centerline of said Xxxxxxxxx 00xx
Xxxxxx for 25.00 feet; thence North 89 (degree) 28' 10" East along the Northerly
right-of-way line of the aforesaid Xxxxxxxxx 00xx Xxxxxx for 35.00 feet; thence
North along the Easterly right-of-way line of said Xxxxxxxxx 00xx Xxxxxx for
25.23 feet to a point of cusp; thence Southeasterly along the circular curve to
the left, having a radius of 25.00 feet and a central angle of 90 (degree) 31'
50" for an arc distance of 39.50 feet to a point of tangency; thence North 89
(degree) 28' 10" East along the Northerly right-of-way line of the aforesaid
Xxxxxxxxx 00xx Xxxxxx for 366.83 feet to a point of curvature; thence
Northeasterly along a circular curve to the left, having a radius of 25.00 feet
and a central angle of 89 (degree) 25' 57" for an arc distance of 39.02 feet;
thence South 0 (degree) 02' 13" West along the Westerly right-of-way line of the
aforesaid Xxxxxxxxx 00xx Xxxxxx for 100.00 feet up to a point of cusp; thence
Northwesterly along a circular curve to the left, having a radius of 25.00 feet
and a central angle of 90 (degree) 34' 03" for an arc distance of 39.52 feet to
a point of tangency; thence South 89 (degree) 28' 10" West along the Southerly
right-of-way line of the aforementioned Xxxxxxxxx 00xx Xxxxxx, for 426.53
feet; thence North along the centerline of the aforesaid Xxxxxxxxx 00xx Xxxxxx
for 25.00 feet to the Point of Beginning, lying and being in Dade County,
Florida.
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#000 Xxxxx, XX
Lots 154-160 inclusive, Lots 178-184 inclusive of GRAPELAND HEIGHTS THIRD
SECTION, recorded in Plat Book 17, Page 15, of the Public Records of Dade
County, Florida.
Also described as Tract 7 of the revised Plat of GRAPELAND HEIGHTS THIRD
SECTION, recorded in Plat Book 31, Page 53, of the Public Records of Dade
County, Florida.
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#303 Reno, NV
All that certain real property situated in the City of Reno, County of Washoe,
State of Nevada, more particularly described as follows:
Parcel B of Parcel Map No. 358 for X. XXXX and X. XXXXXXX CO., according to the
map thereof, filed in the office of the county recorder of Washoe County, State
of Nevada, on December 21, 1976, as File No. 440513, Official Records.
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# 318
TO LEASE DATED THE 1st DAY OF January, ____, 1971
DESCRIPTION OF LEASED PREMISES
All that certain tract of land located at 00000 00xx Xxxxxx Xxxxx,
Xxxxxxx, Xxxxxxxxxx 00000 ......................................................
together with the improvements now or hereafter to be constructed thereon in
accordance with the provisions of the foregoing Lease and all alley rights, if
any, easements, rights of way and other appurtenances now or hereafter, during
the term of said Lease, appertaining thereunto; said land being more
particularly described as follows:
That portion of the Southeast One-quarter of the Southeast One-quarter of
Xxxxxxx 00, Xxxxxxxx 00 Xxxxx, Xxxxx 0 Xxxx, X. X. described as follows:
Beginning at the northwest corner of the Southeast One-quarter of the
Southeast One-quarter of said Section 33; thence South 89 (degree) 33'30" East
20.00 feet; thence South 1 (degree) 48'23" West 385.00 feet to the True Point of
Beginning; thence South 89 (degree) 33'30" East 256.00 feet; thence South 1
(degree) 48'23" West 25.92 feet; thence North 89 (degree) 33'30" West 7.24 feet;
thence South 3 (degree) 19'16" West 199.24 feet; thence South 89 (degree) 33'30"
East 12.51 feet; thence South 1 (degree) 48'23" West 158.55 feet; thence North
89 (degree)33'30" West 256.00 feet; thence North 1 (degree) 48'23" East 383.52
feet to the True Point of Beginning; Situate in County of King, State of
Washington.
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#000 Xxxxxxxx, XX
PARCEL A
A portion of Lot 2 in Block 5 as shown on that certain map entitled, "UNIT XX.
0, XXXXXXXXX XXXXXXXXXX XXXX, XXXXXXXX, SAN MATEO COUNTY, CALIFORNIA," filed in
the office of the County Recorder of San Mateo County, State of California on
April 21, 1955 in Book 42 of Maps at page 10, more particularly described as
follows:
BEGINNING at point on the Northwesterly line of Xxxxxx Road, said point being
the most Easterly corner of said Lot 2, as shown on the above described map;
thence from said point of beginning along said Northwesterly line of Xxxxxx
Road, South 53 (degree) 11' 36" West 302.70 feet; thence leaving said line at
right angles, North 36 (degree) 48' 24" West 197.16 feet to a point on the
Northerly line of said Lot 2; thence along said line North 86 (degree) 16' 19"
East 361.25 feet to the point of beginning.
PARCEL B
A portion of Lot 2 in Block 5 as shown on that certain map entitled "UNIT XX. 0,
XXXXXXXXX XXXXXXXXXX XXXX, XXXXXXXX, SAN MATEO COUNTY, CALIFORNIA", fi1ed in the
office of the County Recorder of San Mateo County, State of California on April
21, 1955 in Book 42 of Maps at page 10, more particularly described as follows:
BEGINNING at the most Southerly corner of said Lot 2, as shown on the above
mentioned map; thence along the Southeasterly line of said lot and the
Northwesterly line of Xxxxxx Road, North 53 (degree) 11' 36" East 100 feet;
thence leaving said Southeasterly lot line and Northwesterly line of Xxxxxx
Road, North 36 (degree) 48' 24" West 197.l6 feet to the Northerly line of said
Lot 2; thence along said Northerly line South 86 (degree) 16' 19" West 119.34
feet to the most Westerly corner of said lot; thence along the southwesterly
line of the said Xxx 0, Xxxxx 00 (xxxxxx) 48' 24" East 262.30 feet to the point
of beginning.
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Xxxxxxx X #000 Xxxxx, XX
Xxxx 0, 0, 00 xxx 00 xx XX XXXXX TERMINALS 2ND ADDITION, according to the Plat
thereof, recorded in Plat Book 48, Page 55, of the Public Records of Dade
County, Florida.
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[LETTERHEAD OF BANK OF NEW YORK]
OUR. NO. CORRESPONDENT'S REF. NO.
S00034339 TRINET CORP RLTY
DATE
DECEMBER 24 1996
BENEFICIARY: APPLICANT:
TRINET CORPORATE REALTY TRUST, SC INTERNATIONAL SERVICES, INC.
INC., 4 EMBARCADERO CENTER 000 XXXX XXXXX XXXXXXXXX
XXXXX 0000, XXX XXXXXXXXX, XX 00000 XXXXXXXXX, XX 00000
ATTN: XXXXXXX XXXX
DATE OF ORIGINAL ISSUE: AMENDMENT DATE:
MAY 23 1996 DECEMBER 24 1996
GENTLEMEN/LADIES:
THE ABOVE MENTIONED INSTRUMENT INCLUDING ANY PREVIOUS AMENDMENTS, IS AMENDED AS
FOLLOWS:
CREDIT AMOUNT DECREASED BY **USD400,000.00** MAKING NEW CREDIT AMOUNT TOTAL
**USD100,000.00**
EXTEND EXPIRATION DATE JUNE 30, 1997.
THIS AMENDMENT WILL ONLY BECOME OPERATIVE UPON OUR RECEIPT OF YOUR WRITTEN
CONSENT TO IT'S TERMS. PLEASE INDICATE YOUR CONSENT OR REJECTION BY SIGNING AND
RETURNING THE ATTACHED COPY OF THIS AMENDMENT.
MAY WE PLEASE HAVE YOUR RESPONSE AS SOON AS POSSIBLE.
IF THIS AMENDMENT IS TO BE REJECTED, BENEFICIARY'S SIGNED STATEMENT TO THAT
EFFECT IS REQUIRED.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS AMENDMENT IS TO BE
CONSIDERED AS PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO.
ALL OTHER CONDITIONS REMAIN UNCHANGED.
YOURS VERY TRULY,
/s/ [ILLEGIBLE]
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AUTHORIZED SIGNATURE
