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EXHIBIT 10.28.2
SECOND AMENDMENT TO LEASE AGREEMENT
SECOND AMENDMENT TO LEASE AGREEMENT dated as of December 1, 1995 between
TriNet Essential Facilities VIII R, Inc., a Maryland corporation (TriNet) and
Caterair International Corporation, a Delaware corporation (Caterair).
This Second 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, 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.
Caterair proposes to perform substantial renovations to the property
subject to the Lease. Caterair has requested that the deadline for completion of
the remedial work be extended to June 1, 1996.
NOW THEREFORE, in consideration of the premises and other good and
valuable consideration, TriNet and Caterair hereby agree as follows:
1. TriNet agrees that the deadline for completion of the remedial work
identified in the First Amendment to Lease Agreement will be deferred to June 1,
1996.
2. Caterair agrees that, to the extent such remedial work has not been
completed by June 1, 1996, TriNet may draw on the letter of credit to provide
funds to complete such remedial work and pay itself the fee referred to in
Section 4.1 of the First Amendment to Lease Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to
be executed as of the date first above set forth.
TriNet Essential Facilities VIII R, Inc.
By: /s/ XxXxx Xxxxxx
--------------------------------------------
Name: XxXxx Xxxxxx
Title: Sr. Vice President Asset Management
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Caterair International Corporation
By: /s/ Xxxx X. Xxxx
------------------------------------
Name: Xxxx X. Xxxx
Title: Vice President
Consented To:
SC International Services, Inc.
By: /s/ Xxxx X. Xxxx
------------------------------------
Name: Xxxx X. Xxxx
Title: Vice President
Consented To:
Caterair International, Inc. (II),
lease guarantor
By: /s/ Xxxxxx Xxxxxx
------------------------------------
Name: Xxxxxx Xxxxxx
Title: Vice President
Consented To:
Sky Chefs, Inc., lease guarantor
By: /s/ X. X. Xxxxxxx
------------------------------------
Name: X. X. Xxxxxxx
Title: Ex. Vice President
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-3-
Onex Food Services, Inc., lease guarantor
By: /s/ X. X. Xxxxxxx
------------------------------------
Name: X. X. Xxxxxxx
Title: Ex. Vice President
Xxxxxx Guaranty Trust Company of New
York, as agent, lender to TriNet
By:
------------------------------------
Name:
Title:
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#368 Burlingame, CA
Exhibit A
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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#397Bloomington, MN
Exhibit A
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, Minnesota.
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Exhibit A #361 Miami, FL
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 a 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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Exhibit A #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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Exhibit A #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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Basic #318
EXHIBIT A
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
Exhibit A
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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Exhibit A #702 Miami
PARCEL I:
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.
