Exhibit 10.8.2
SUBLEASE AMENDMENT AGREEMENT
AND CONSENT
AGREEMENT made as of this 11th day of November, 1997, by and between, THE
COCA-COLA BOTTLING COMPANY OF NEW YORK, INC., a Delaware corporation having a
place of business at Xxx Xxxxxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000
("Sublandlord"), and RISK CAPITAL REINSURANCE COMPANY, a Delaware corporation,
having a place of business at 00 Xxxxxxxxx Xxxx, Xxxxxxxxx, XX ("Subtenant").
Capitalized terms not otherwise defined herein shall have the meaning ascribed
to them in the Sublease.
W I T N E S S E T H
WHEREAS, Sublandlord entered into a Lease with Horseneck Associates (the
"Over Landlord") dated as of April 8, 1982 (the "Over Lease"), for the lease of
the land and Building (as defined in the Over Lease) commonly known as 00
Xxxxxxxxx Xxxx, Xxxxxxxxx, Xxxxxxxxxxx (the "Demised Premises); and
WHEREAS, Sublandlord and Subtenant entered into a Sublease, dated as of
March 18, 1996 (the "Sublease"), for the lease of the entire Demised Premises;
and
WHEREAS, Sublandlord and Subtenant desire to modify and amend the Sublease
as hereinafter set forth and Subtenant desires to obtain Sublandlord's consent
to certain proposed renovations and improvements to the front entry of the
Building as hereinafter set forth (the "Proposed Work"); and
WHEREAS, Sublandlord and Subtenant desire to obtain the written consent of
Over Landlord to the proposed Sublease amendment and the Proposed Work;
NOW, THEREFORE, in consideration of the covenants herein contained, in
consideration of the sum of ONE ($1.00) DOLLAR and other consideration, and the
provisions herein contained, the parties hereby stipulate and agree as follows:
1. Section 3. a. i) of the Sublease is hereby deleted and the following is
substituted therefor:
"a. i) As used herein, "Operating Expense Base" shall mean Operating
Expenses incurred in accordance with this Paragraph during the period September
1, 1997 to August 31, 1998."
2. Sublandlord hereby consents to Subtenant's Proposed Work, which
Proposed Work is more particularly shown and described on the plans and
specifications referred to in Schedule A annexed hereto and made a part hereof.
Sublandlord agrees to pay Subtenant the sum of SIX THOUSAND AND 00/100
($6,000.00) DOLLARS (which sum is being paid to satisfy certain repair
obligations of Sublandlord under the Sublease) which amount shall be
1
applied by Subtenant towards the cost of the Proposed Work. Sublandlord and
Subtenant acknowledge and agree that the Proposed Work shall constitute a
capital item or expense pursuant to Section 3. a. vii) (10) of the Sublease.
3. Subtenant agrees that the Proposed Work shall be completed at
Subtenant's sole cost and expense and in accordance with the provisions of the
Section 6 of the Sublease.
4. This Sublease Amendment Agreement and Consent may be executed in any
number of counterparts, each of which shall constitute one and the same
instrument.
INTENDING HEREBY to modify and amend the Sublease in accordance with the
foregoing, but not to alter or amend the terms and conditions thereof in any
other particular, all such other terms and conditions being hereby ratified and
confirmed.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals as of the date first above written.
Signed, Sealed and Delivered THE COCA-COLA BOTTLING
in the presence of: COMPANY OF NEW YORK, INC.
/s/ Xxxxxx Xxxxxxxxx By: /s/ Xxxxxxx X. Xxxxx
------------------------------ ----------------------------
Name: Xxxxxxx X. Xxxxx
Title: Facility Manager
RISK CAPITAL REINSURANCE
COMPANY
/s/ Xxxxxxx Xxxxxxxx By: /s/ Xxxxxxxx X. Xxxxxxxxx
------------------------------ ----------------------------
Name: Xxxxxxxx X. Xxxxxxxxx
Title: Vice President,
Operations
The undersigned hereby consents to this Sublease Amendment Agreement and the
Proposed Work referred to therein as of: November 7, 1997.
HORSENECK ASSOCIATES
/s/ Xxxxxx X. Xxxx
----------------------------
Name: Xxxxxx X. Xxxx
Title: Partner
2
STATE OF CONNECTICUT )
) ss:
COUNTY OF FAIRFIELD )
Personally appeared Xxxxxxx X. Xxxxx, who acknowledged himself or herself
to be the Facility Manager of THE COCA-COLA BOTTLING COMPANY OF NEW YORK, INC,
and that, being authorized so to do, he or she executed the foregoing instrument
on behalf of the corporation for the purposes therein contained by signing the
name of the corporation by himself or herself as a duly authorized officer, this
10th day of November, 1997.
/s/ Xxxx X. Xxxxxxxx
-----------------------------
Notary Public
Commissioner of the Superior Court
STATE OF CONNECTICUT )
) ss:
COUNTY OF FAIRFIELD )
Personally appeared Xxxxxxxx X. Xxxxxxxxx, who acknowledged himself or
herself to be the Vice President, Operations of RISK CAPITAL REINSURANCE
COMPANY, and that, being authorized so to do, he or she executed the foregoing
instrument on behalf of the corporation for the purposes therein contained by
signing the name of the corporation by himself or herself as a duly authorized
officer, this 10th day of November, 1997.
/s/ Xxxx X. Xxxxxxxx
-----------------------------
Notary Public
Commissioner of the Superior Court
STATE OF CONNECTICUT )
) ss:
COUNTY OF FAIRFIELD )
Personally appeared Xxxxxx X. Xxxx, who acknowledged himself or herself to
be a general partner of HORSENECK ASSOCIATES, and that, being authorized so to
do, he or she executed the foregoing instrument on behalf of the partnership for
the purposes therein contained by signing the name of the partnership by himself
or herself as a duly authorized general partner, this 11th day of November,
1997.
/s/ Xxxx Xxxxxxxxxxx
-----------------------------
Notary Public
Commissioner of the Superior Court
3
